[Congressional Record Volume 146, Number 117 (Wednesday, September 27, 2000)]
[House]
[Pages H8312-H8403]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     CONFERENCE REPORT ON H.R. 4733, ENERGY AND WATER DEVELOPMENT 
                        APPROPRIATIONS ACT, 2001

  Mr. PACKARD submitted the following conference report and statement 
on the bill (H.R. 4733) making appropriations for energy and water 
development for the fiscal year ending September 30, 2001, and for 
other purposes:

                  Conference Report (H. Rept. 106-907)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the Senate to the bill (H.R. 
     4733) ``making appropriations for energy and water 
     development for the fiscal year ending September 30, 2001, 
     and for other purposes'', having met, after full and free 
     conference, have agreed to recommend and do recommend to 
     their respective Houses as follows:
       That the House recede from its disagreement to the 
     amendment of the Senate, and agree to the same with an 
     amendment, as follows:
       In lieu of the matter stricken and inserted by said 
     amendment, insert:
     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the fiscal year 
     ending September

[[Page H8313]]

     30, 2001, for energy and water development, and for other 
     purposes, namely:

                                TITLE I

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

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

                         General Investigations

       For expenses necessary for the collection and study of 
     basic information pertaining to river and harbor, flood 
     control, shore protection, and related projects, restudy of 
     authorized projects, miscellaneous investigations, and, when 
     authorized by laws, surveys and detailed studies and plans 
     and specifications of projects prior to construction, 
     $160,038,000, to remain available until expended: Provided, 
     That in conducting the Southwest Valley Flood Damage 
     Reduction Study, Albuquerque, New Mexico, the Secretary of 
     the Army, acting through the Chief of Engineers, shall 
     include an evaluation of flood damage reduction measures that 
     would otherwise be excluded from the feasibility analysis 
     based on policies regarding the frequency of flooding, the 
     drainage areas, and the amount of runoff: Provided further, 
     That the Secretary of the Army is directed to use $750,000 of 
     the funds appropriated herein to continue preconstruction 
     engineering and design for the Murrieta Creek, California 
     flood protection and environmental restoration project in 
     accordance with Alternative 6, based on the Murrieta Creek 
     feasibility report and environmental impact statement dated 
     June 2000 at a total cost of $90,866,000, with an estimated 
     Federal cost of $59,063,900 and an estimated non-Federal cost 
     of $31,803,100.

                         Construction, General

       For the prosecution of river and harbor, flood control, 
     shore protection, and related projects authorized by laws; 
     and detailed studies, and plans and specifications, of 
     projects (including those for development with participation 
     or under consideration for participation by States, local 
     governments, or private groups) authorized or made eligible 
     for selection by law (but such studies shall not constitute a 
     commitment of the Government to construction), 
     $1,695,699,000, to remain available until expended, of which 
     such sums as are necessary for the Federal share of 
     construction costs for facilities under the Dredged Material 
     Disposal Facilities program shall be derived from the Harbor 
     Maintenance Trust Fund, as authorized by Public Law 104-303; 
     and of which such sums as are necessary pursuant to Public 
     Law 99-662 shall be derived from the Inland Waterways Trust 
     Fund, for one-half of the costs of construction and 
     rehabilitation of inland waterways projects, including 
     rehabilitation costs for the Lock and Dam 12, Mississippi 
     River, Iowa; Lock and Dam 24, Mississippi River, Illinois and 
     Missouri; Lock and Dam 3, Mississippi River, Minnesota; and 
     London Locks and Dam, and Kanawha River, West Virginia, 
     projects; and of which funds are provided for the following 
     projects in the amounts specified:
       San Gabriel Basin Groundwater Restoration, California, 
     $25,000,000;
       San Timoteo Creek (Santa Ana River Mainstem), California, 
     $5,000,000;
       Indianapolis Central Waterfront, Indiana, $10,000,000;
       Southern and Eastern Kentucky, Kentucky, $4,000,000;
       Clover Fork, Middlesboro, City of Cumberland, Town of 
     Martin, Pike County (including Levisa Fork and Tug Fork 
     Tributaries), Bell County, Martin County, and Harlan County, 
     Kentucky, elements of the Levisa and Tug Forks of the Big 
     Sandy River and Upper Cumberland River, Kentucky, 
     $20,000,000: Provided, That the Secretary of the Army, acting 
     through the Chief of Engineers, is directed to proceed 
     with planning, engineering, design and construction of the 
     Town of Martin, Kentucky, element, in accordance with Plan 
     A as set forth in the preliminary draft Detailed Project 
     Report, Appendix T of the General Plan of the Huntington 
     District Commander;
       Jackson County, Mississippi, $2,000,000;
       Bosque and Leon Rivers, Texas, $4,000,000; and
       Upper Mingo County (including Mingo County Tributaries), 
     Lower Mingo County (Kermit), Wayne County, and McDowell 
     County, elements of the Levisa and Tug Forks of the Big Sandy 
     River and Upper Cumberland River project in West Virginia, 
     $4,100,000:
     Provided further, That using $900,000 of the funds 
     appropriated herein, the Secretary of the Army, acting 
     through the Chief of Engineers, is directed to undertake the 
     Bowie County Levee project, which is defined as Alternative B 
     Local Sponsor Option, in the Corps of Engineers document 
     entitled Bowie County Local Flood Protection, Red River, 
     Texas, Project Design Memorandum No. 1, Bowie County Levee, 
     dated April 1997: Provided further, That no part of any 
     appropriation contained in this Act shall be expended or 
     obligated to begin Phase II of the John Day Drawdown study or 
     to initiate a study of the drawdown of McNary Dam unless 
     authorized by law: Provided further, That the Secretary of 
     the Army, acting through the Chief of Engineers, is directed 
     hereafter to use available Construction, General funds in 
     addition to funding provided in Public Law 104-206 to 
     complete design and construction of the Red River Regional 
     Visitors Center in the vicinity of Shreveport, Louisiana at 
     an estimated cost of $6,000,000: Provided further, That 
     section 101(b)(4) of the Water Resources Development Act of 
     1996, is amended by striking ``total cost of $8,600,000'' and 
     inserting in lieu thereof, ``total cost of $15,000,000'': 
     Provided further, That the Secretary of the Army, acting 
     through the Chief of Engineers, is directed to use $3,000,000 
     of the funds appropriated herein for additional emergency 
     bank stabilization measures at Galena, Alaska under the same 
     terms and conditions as previous emergency bank stabilization 
     work undertaken at Galena, Alaska pursuant to Section 116 of 
     Public Law 99-190: Provided further, That with $4,200,000 of 
     the funds appropriated herein, the Secretary of the Army, 
     acting through the Chief of Engineers, is directed to 
     continue construction of the Brunswick County Beaches, North 
     Carolina-Ocean Isle Beach portion in accordance with the 
     General Reevaluation Report approved by the Chief of 
     Engineers on May 15, 1998: Provided further, That the 
     Secretary of the Army, acting through the Chief of Engineers, 
     is directed to use not to exceed $300,000 of funds 
     appropriated herein to reimburse the City of Renton, 
     Washington, at full Federal expense, for mitigation expenses 
     incurred for the flood control project constructed pursuant 
     to 33 U.S.C. 701s at Cedar River, City of Renton, Washington, 
     as a result of over-dredging by the Army Corps of Engineers: 
     Provided further, That $2,000,000 of the funds appropriated 
     herein shall be available for stabilization and renovation of 
     Lock and Dam 10, Kentucky River, Kentucky, subject to 
     enactment of authorization by law: Provided further, That the 
     Secretary of the Army, acting through the Chief of Engineers, 
     is directed to use $3,000,000 of the funds appropriated 
     herein to initiate construction of a navigation project at 
     Kaumalapau Harbor, Hawaii: Provided further, That the 
     Secretary of the Army is directed to use $2,000,000 of the 
     funds provided herein for Dam Safety and Seepage/Stability 
     Correction Program to design and construct seepage control 
     features at Waterbury Dam, Winooski River, Vermont: Provided 
     further, That the Secretary of the Army, acting through the 
     Chief of Engineers, is directed to design and construct barge 
     lanes at the Houston-Galveston Navigation Channels, Texas, 
     project, immediately adjacent to either side of the Houston 
     Ship Channel, from Bolivar Roads to Morgan Point, to a depth 
     of 12 feet with prior years' Construction, General carry-over 
     funds: Provided further, That the Secretary of the Army, 
     acting through the Chief of Engineers, may use Construction, 
     General funding as directed in Public Law 105-62 and Public 
     Law 105-245 to initiate construction of an emergency outlet 
     from Devils Lake, North Dakota, to the Sheyenne River, except 
     that the funds shall not become available unless the 
     Secretary of the Army determines that an emergency (as 
     defined in section 102 of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5122)) exists 
     with respect to the emergency need for the outlet and reports 
     to Congress that the construction is technically sound, 
     economically justified, and environmentally acceptable, and 
     in compliance with the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.): Provided further, That the 
     economic justification for the emergency outlet shall be 
     prepared in accordance with the principles and guidelines for 
     economic evaluation as required by regulations and procedures 
     of the Army Corps of Engineers for all flood control 
     projects, and that the economic justification be fully 
     described, including the analysis of the benefits and costs, 
     in the project plan documents: Provided further, That the 
     plans for the emergency outlet shall be reviewed and, to 
     be effective, shall contain assurances provided by the 
     Secretary of State, after consultation with the 
     International Joint Commission, that the project will not 
     violate the requirements or intent of the Treaty Between 
     the United States and Great Britain Relating to Boundary 
     Waters Between the United States and Canada, signed at 
     Washington, January 11, 1909 (36 Stat. 2448; TS 548) 
     (commonly known as the ``Boundary Waters Treaty of 
     1909''): Provided further, That the Secretary of the Army 
     shall submit the final plans and other documents for the 
     emergency outlet to Congress: Provided further, That no 
     funds made available under this Act or any other Act for 
     any fiscal year may be used by the Secretary of the Army 
     to carry out the portion of the feasibility study of the 
     Devils Lake Basin, North Dakota, authorized under the 
     Energy and Water Development Appropriations Act, 1993 
     (Public Law 102-377), that addresses the needs of the area 
     for stabilized lake levels through inlet controls, or to 
     otherwise study any facility or carry out any activity 
     that would permit the transfer of water from the Missouri 
     River Basin into Devils Lake.


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

       For expenses necessary for prosecuting work of flood 
     control, and rescue work, repair, restoration, or maintenance 
     of flood control projects threatened or destroyed by flood, 
     as authorized by law (33 U.S.C. 702a and 702g-1), 
     $347,731,000, to remain available until expended: Provided, 
     That the Secretary of the Army is directed to complete his 
     analysis and determination of Federal maintenance of the 
     Greenville Inner Harbor, Mississippi navigation project in 
     accordance with Section 509 of the Water Resources 
     Development Act of 1996.

                   Operation and Maintenance, General

       For expenses necessary for the preservation, operation, 
     maintenance, and care of existing river and harbor, flood 
     control, and related works, including such sums as may be 
     necessary for the maintenance of harbor channels provided by 
     a State, municipality or other public agency, outside of 
     harbor lines, and serving essential needs of general commerce 
     and navigation; surveys and charting of northern and 
     northwestern lakes and connecting waters; clearing and 
     straightening channels; and removal of obstructions to 
     navigation,

[[Page H8314]]

     $1,901,959,000, to remain available until expended, of which 
     such sums as become available in the Harbor Maintenance Trust 
     Fund, pursuant to Public Law 99-662, may be derived from that 
     Fund, and of which such sums as become available from the 
     special account established by the Land and Water 
     Conservation Act of 1965, as amended (16 U.S.C. 460l), may be 
     derived from that account for construction, operation, and 
     maintenance of outdoor recreation facilities: Provided, That 
     the Secretary of the Army, acting through the Chief of 
     Engineers, from the funds provided herein for the operation 
     and maintenance of New York Harbor, New York, is directed to 
     prepare the necessary documentation and initiate removal of 
     submerged obstructions and debris in the area previously 
     marked by the Ambrose Light Tower in the interest of safe 
     navigation: Provided further, That the Secretary of the Army 
     is directed to use $500,000 of funds appropriated herein to 
     remove and reinstall the docks and causeway, in kind, at 
     Astoria East Boat Basin, Oregon: Provided further, That 
     $500,000 of the funds appropriated herein for the Ohio River 
     Open Channel, Illinois, Kentucky, Indiana, Ohio, West 
     Virginia, and Pennsylvania, project, are provided for the 
     Secretary of the Army, acting through the Chief of Engineers, 
     to dredge a channel from the mouth of Wheeling Creek to 
     Tunnel Green Park in Wheeling, West Virginia.

                           Regulatory Program

       For expenses necessary for administration of laws 
     pertaining to regulation of navigable waters and wetlands, 
     $125,000,000, to remain available until expended: Provided, 
     That the Secretary of the Army, acting through the Chief of 
     Engineers, is directed to use funds appropriated herein to: 
     (1) by March 1, 2001, supplement the report, Cost Analysis 
     For the 1999 Proposal to Issue and Modify Nationwide Permits, 
     to reflect the Nationwide Permits actually issued on March 9, 
     2000, including changes in the acreage limits, 
     preconstruction notification requirements and general 
     conditions between the rule proposed on July 21, 1999, and 
     the rule promulgated and published in the Federal Register; 
     (2) after consideration of the cost analysis for the 1999 
     proposal to issue and modify nationwide permits and the 
     supplement prepared pursuant to this Act and by September 30, 
     2001, prepare, submit to Congress and publish in the Federal 
     Register a Permit Processing Management Plan by which the 
     Corps of Engineers will handle the additional work associated 
     with all projected increases in the number of individual 
     permit applications and preconstruction notifications related 
     to the new and replacement permits and general conditions. 
     The Permit Processing Management Plan shall include specific 
     objective goals and criteria by which the Corps of 
     Engineers' progress towards reducing any permit backlog 
     can be measured; (3) beginning on December 31, 2001, and 
     on a biannual basis thereafter, report to Congress and 
     publish in the Federal Register, an analysis of the 
     performance of its program as measured against the 
     criteria set out in the Permit Processing Management Plan; 
     (4) implement a 1-year pilot program to publish quarterly 
     on the U.S. Army Corps of Engineer's Regulatory Program 
     website all Regulatory Analysis and Management Systems 
     (RAMS) data for the South Pacific Division and North 
     Atlantic Division beginning within 30 days of the 
     enactment of this Act; and (5) publish in Division Office 
     websites all findings, rulings, and decisions rendered 
     under the administrative appeals process for the Corps of 
     Engineers Regulatory Program as established in Public Law 
     106-60: Provided further, That, through the period ending 
     on September 30, 2003, the Corps of Engineers shall allow 
     any appellant to keep a verbatim record of the proceedings 
     of the appeals conference under the aforementioned 
     administrative appeals process: Provided further, That 
     within 30 days of the enactment of this Act, the Secretary 
     of the Army, acting through the Chief of Engineers, shall 
     require all U.S. Army Corps of Engineers Divisions and 
     Districts to record the date on which a Section 404 
     individual permit application or nationwide permit 
     notification is filed with the Corps of Engineers: 
     Provided further, That the Corps of Engineers, when 
     reporting permit processing times, shall track both the 
     date a permit application is first received and the date 
     the application is considered complete, as well as the 
     reason that the application is not considered complete 
     upon first submission.

            Formerly Utilized Sites Remedial Action Program

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

                            General Expenses

       For expenses necessary for general administration and 
     related functions in the Office of the Chief of Engineers and 
     offices of the Division Engineers; activities of the Coastal 
     Engineering Research Board, the Humphreys Engineer Center 
     Support Activity, the Water Resources Support Center, and 
     headquarters support functions at the USACE Finance Center, 
     $152,000,000, to remain available until expended: Provided, 
     That no part of any other appropriation provided in title I 
     of this Act shall be available to fund the activities of the 
     Office of the Chief of Engineers or the executive direction 
     and management activities of the division offices: Provided 
     further, That none of these funds shall be available to 
     support an office of congressional affairs within the 
     executive office of the Chief of Engineers.

                             Revolving Fund

       Amounts in the Revolving Fund are available for the costs 
     of relocating the U.S. Army Corps of Engineers headquarters 
     to office space in the General Accounting Office headquarters 
     building in Washington, D.C.

                       Administrative Provisions

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

                           GENERAL PROVISIONS

                       Corps of Engineers--Civil

       Sec. 101. (a) The Secretary of the Army shall enter into an 
     agreement with the City of Grand Prairie, Texas, wherein the 
     City agrees to assume all of the responsibilities of the 
     Trinity River Authority of Texas under Contract No. DACW63-
     76-C-0166, other than financial responsibilities, except as 
     provided for in subsection (c) of this section. The Trinity 
     River Authority shall be relieved of all of its financial 
     responsibilities under the Contract as of the date the 
     Secretary of the Army enters into the agreement with the 
     City.
       (b) In consideration of the agreement referred to in 
     subsection (a), the City shall pay the Federal Government a 
     total of $4,290,000 in two installments, one in the amount of 
     $2,150,000, which shall be due and payable no later than 
     December 1, 2000, and one in the amount of $2,140,000, which 
     shall be due and payable no later than December 1, 2003.
       (c) The agreement executed pursuant to subsection (a) shall 
     include a provision requiring the City to assume all costs 
     associated with operation and maintenance of the recreation 
     facilities included in the Contract referred to in that 
     subsection.
       Sec. 102. Agreements proposed for execution by the 
     Assistant Secretary of the Army for Civil Works or the United 
     States Army Corps of Engineers after the date of the 
     enactment of this Act pursuant to section 4 of the Rivers and 
     Harbor Act of 1915, Public Law 64-291; section 11 of the 
     River and Harbor Act of 1925, Public Law 68-585; the Civil 
     Functions Appropriations Act, 1936, Public Law 75-208; 
     section 215 of the Flood Control Act of 1968, as amended, 
     Public Law 90-483; sections 104, 203, and 204 of the Water 
     Resources Development 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. 103. None of the funds made available in this Act may 
     be used to revise the Missouri River Master Water Control 
     Manual when it is made known to the Federal entity or 
     official to which the funds are made available that such 
     revision provides for an increase in the springtime water 
     release program during the spring heavy rainfall and snow 
     melt period in States that have rivers draining into the 
     Missouri River below the Gavins Point Dam.
       Sec. 104. St. Georges Bridge, Delaware. None of the funds 
     made available by this Act may be used to carry out any 
     activity relating to closure or removal of the St. Georges 
     Bridge across the Chesapeake and Delaware Canal, Delaware, 
     including a hearing or any other activity relating to 
     preparation of an environmental impact statement concerning 
     the closure or removal.
       Sec. 105. Within available funds under title I, the 
     Secretary of the Army, acting through the Chief of Engineers, 
     shall provide up to $7,000,000 to replace and upgrade the dam 
     in Kake, Alaska which collapsed July 2000, to provide 
     drinking water and hydroelectricity.

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project


                central utah project completion account

       For carrying out activities authorized by the Central Utah 
     Project Completion Act, $38,724,000, to remain available 
     until expended, of which $19,566,000 shall be deposited into 
     the Utah Reclamation Mitigation and Conservation Account: 
     Provided, That of the amounts deposited into that account, 
     $5,000,000 shall be considered the Federal contribution 
     authorized by paragraph 402(b)(2) of the Central Utah Project 
     Completion Act and $14,158,000 shall be available to the Utah 
     Reclamation Mitigation and Conservation Commission to carry 
     out activities authorized under that Act.
       In addition, for necessary expenses incurred in carrying 
     out related responsibilities of the Secretary of the 
     Interior, $1,216,000, to remain available until expended.

                         Bureau of Reclamation

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


                      water and related resources

                     (including transfer of funds)

       For management, development, and restoration of water and 
     related natural resources and for related activities, 
     including the operation, maintenance and rehabilitation of 
     reclamation and other facilities, participation in fulfilling 
     related Federal responsibilities to Native Americans, and 
     related grants to, and cooperative and other agreements with, 
     State and local governments, Indian tribes, and others, 
     $678,450,000, to remain available until expended, of which 
     $1,916,000 shall be available for transfer to the Upper 
     Colorado River Basin Fund and $39,467,000 shall be available 
     for transfer to the Lower Colorado River Basin Development 
     Fund; of which such amounts as may be necessary may be 
     advanced to the Colorado River Dam Fund; of which $16,000,000 
     shall be for on-reservation water development, feasibility 
     studies,

[[Page H8315]]

     and related administrative costs under Public Law 106-163; of 
     which not more than 25 percent of the amount provided for 
     drought emergency assistance may be used for financial 
     assistance for the preparation of cooperative drought 
     contingency plans under Title II of Public Law 102-250; and 
     of which not more than $500,000 is for high priority projects 
     which shall be carried out by the Youth Conservation Corps, 
     as authorized by 16 U.S.C. 1706: Provided, That such 
     transfers may be increased or decreased within the overall 
     appropriation under this heading: Provided further, That of 
     the total appropriated, the amount for program activities 
     that can be financed by the Reclamation Fund or the Bureau of 
     Reclamation special fee account established by 16 U.S.C. 
     460l-6a(i) shall be derived from that Fund or account: 
     Provided further, That funds contributed under 43 U.S.C. 395 
     are available until expended for the purposes for which 
     contributed: Provided further, That funds advanced under 43 
     U.S.C. 397a shall be credited to this account and are 
     available until expended for the same purposes as the sums 
     appropriated under this heading: Provided further, That funds 
     available for expenditure for the Departmental Irrigation 
     Drainage Program may be expended by the Bureau of Reclamation 
     for site remediation on a non-reimbursable basis: Provided 
     further, That section 301 of Public Law 102-250, Reclamation 
     States Emergency Drought Relief Act of 1991, as amended, is 
     amended further by inserting ``2000, and 2001'' in lieu of 
     ``and 2000'': Provided further, That the amount authorized 
     for Indian municipal, rural, and industrial water features by 
     section 10 of Public Law 89-108, as amended by section 8 of 
     Public Law 99-294, section 1701(b) of Public Law 102-575, 
     Public Law 105-245, and Public Law 106-60 is increased by 
     $2,000,000 (October 1998 prices): Provided further, That 
     the amount authorized for Minidoka Project North Side 
     Pumping Division, Idaho, by section 5 of Public Law 81-
     864, is increased by $2,805,000: Provided further, That 
     the Reclamation Safety of Dams Act of 1978 (43 U.S.C. 509) 
     is amended as follows: (1) by inserting in Section 4(c) 
     after ``1984,'' and before ``costs'' the following: ``and 
     the additional $95,000,000 further authorized to be 
     appropriated by amendments to that Act in 2000,''; (2) by 
     inserting in Section 5 after ``levels),'' and before 
     ``plus'' the following: ``and, effective October 1, 2000, 
     not to exceed an additional $95,000,000 (October 1, 2000, 
     price levels),''; and (3) by striking ``sixty days 
     (which'' and all that follows through ``day certain)'' and 
     inserting in lieu thereof ``30 calendar days''.


               bureau of reclamation loan program account

       For the cost of direct loans and/or grants, $8,944,000, to 
     remain available until expended, as authorized by the Small 
     Reclamation Projects Act of August 6, 1956, as amended (43 
     U.S.C. 422a-422l): Provided, That such costs, including the 
     cost of modifying such loans, shall be as defined in section 
     502 of the Congressional Budget Act of 1974, as amended: 
     Provided further, That these funds are available to subsidize 
     gross obligations for the principal amount of direct loans 
     not to exceed $27,000,000.
       In addition, for administrative expenses necessary to carry 
     out the program for direct loans and/or grants, $425,000, to 
     remain available until expended: Provided, That of the total 
     sums appropriated, the amount of program activities that can 
     be financed by the Reclamation Fund shall be derived from 
     that Fund.


                central valley project restoration fund

       For carrying out the programs, projects, plans, and habitat 
     restoration, improvement, and acquisition provisions of the 
     Central Valley Project Improvement Act, $38,382,000, to be 
     derived from such sums as may be collected in the Central 
     Valley Project Restoration Fund pursuant to sections 3407(d), 
     3404(c)(3), 3405(f ), and 3406(c)(1) of Public Law 102-575, 
     to remain available until expended: Provided, That the Bureau 
     of Reclamation is directed to assess and collect the full 
     amount of the additional mitigation and restoration payments 
     authorized by section 3407(d) of Public Law 102-575.


                       policy and administration

       For necessary expenses of policy, administration, and 
     related functions in the office of the Commissioner, the 
     Denver office, and offices in the five regions of the Bureau 
     of Reclamation, to remain available until expended, 
     $50,224,000, to be derived from the Reclamation Fund and be 
     nonreimbursable as provided in 43 U.S.C. 377: Provided, That 
     no part of any other appropriation in this Act shall be 
     available for activities or functions budgeted as policy and 
     administration expenses.


                        administrative provision

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

                           GENERAL PROVISIONS

                       DEPARTMENT OF THE INTERIOR

       Sec. 201. None of the funds appropriated or otherwise made 
     available by this or any other Act may be used to pay the 
     salaries and expenses of personnel to purchase or lease water 
     in the Middle Rio Grande or the Carlsbad Projects in New 
     Mexico unless said purchase or lease is in compliance with 
     the purchase requirements of section 202 of Public Law 106-
     60.
       Sec. 202. Funds under this title for Drought Emergency 
     Assistance shall be made available primarily for leasing of 
     water for specified drought related purposes from willing 
     lessors, in compliance with existing State laws and 
     administered under State water priority allocation. Such 
     leases may be entered into with an option to purchase: 
     Provided, That such purchase is approved by the State in 
     which the purchase takes place and the purchase does not 
     cause economic harm within the State in which the purchase is 
     made.
       Sec. 203. Beginning in fiscal year 2001 and thereafter, the 
     Secretary of the Interior shall assess and collect annually 
     from Central Valley Project (CVP) water and power contractors 
     the sum of $540,000 (June 2000 price levels) and remit, 
     without further appropriation, the amount collected annually 
     to the Trinity Public Utilities District (TPUD). This 
     assessment shall be payable 70 percent by CVP Preference 
     Power Customers and 30 percent by CVP Water Contractors. The 
     CVP Water Contractor share of this assessment shall be 
     collected by the Secretary through established Bureau of 
     Reclamation (Reclamation) Operation and Maintenance 
     ratesetting practices. The CVP Power Contractor share of this 
     assessment shall be assessed by Reclamation to the Western 
     Area Power Administration, Sierra Nevada Region (Western), 
     and collected by Western through established power 
     ratesetting practices.
       Sec. 204. (a) In General.--For fiscal year 2001 and each 
     fiscal year thereafter, the Secretary of the Interior shall 
     continue funding, from power revenues, the activities of the 
     Glen Canyon Dam Adaptive Management Program as authorized by 
     section 1807 of the Grand Canyon Protection Act of 1992 (106 
     Stat. 4672), at not more than $7,850,000 (October 2000 price 
     level), adjusted in subsequent years to reflect changes in 
     the Consumer Price Index for All Urban Consumers published 
     by the Bureau of Labor Statistics of the Department of 
     Labor.
       (b) Voluntary Contributions.--Nothing in this section 
     precludes the use of voluntary financial contributions 
     (except power revenues) to the Adaptive Management Program 
     that may be authorized by law.
       (c) Activities To Be Funded.--The activities to be funded 
     as provided under subsection (a) include activities required 
     to meet the requirements of section 1802(a) and subsections 
     (a) and (b) of section 1805 of the Grand Canyon Protection 
     Act of 1992 (106 Stat. 4672), including the requirements of 
     the Biological Opinion on the Operation of Glen Canyon Dam 
     and activities required by the Programmatic Agreement on 
     Cultural and Historic Properties, to the extent that the 
     requirements and activities are consistent with the Grand 
     Canyon Protection Act of 1992 (106 Stat. 4672).
       (d) Additional Funding.--To the extent that funding under 
     subsection (a) is insufficient to pay the costs of the 
     monitoring and research and other activities of the Glen 
     Canyon Dam Adaptive Management Program, the Secretary of the 
     Interior may use funding from other sources, including funds 
     appropriated for that purpose. All such appropriated funds 
     shall be nonreimbursable and nonreturnable.
       Sec. 205. The Secretary of the Interior is authorized and 
     directed to use not to exceed $1,000,000 of the funds 
     appropriated under title II to refund amounts received by the 
     United States as payments for charges assessed by the 
     Secretary prior to January 1, 1994 for failure to file 
     certain certification or reporting forms prior to the receipt 
     of irrigation water, pursuant to sections 206 and 224(c) of 
     the Reclamation Reform Act of 1982 (96 Stat. 1226, 1272; 43 
     U.S.C. 390ff, 390ww(c)), including the amount of associated 
     interest assessed by the Secretary and paid to the United 
     States pursuant to section 224(i) of the Reclamation Reform 
     Act of 1982 (101 Stat. 1330-268; 43 U.S.C. 390ww(i)).
       Sec. 206. Canyon Ferry Reservoir, Montana. (a) 
     Appraisals.--Section 1004(c)(2)(B) of title X of division C 
     of the Omnibus Consolidated and Emergency Supplemental 
     Appropriations Act, 1999 (112 Stat. 2681-713; 113 Stat. 
     1501A-307) is amended--
       (1) in clause (i), by striking ``be based on'' and 
     inserting ``use'';
       (2) in clause (vi), by striking ``Notwithstanding any other 
     provision of law,'' and inserting ``To the extent consistent 
     with the Uniform Appraisal Standards for Federal Land 
     Acquisition,''; and
       (3) by adding at the end the following:
       ``(vii) Applicability.--This subparagraph shall apply to 
     the extent that its application is practicable and consistent 
     with the Uniform Appraisal Standards for Federal Land 
     Acquisition.''.
       (b) Timing.--Section 1004(f)(2) of title X of division C of 
     the Omnibus Consolidated and Emergency Supplemental 
     Appropriations Act, 1999 (112 Stat. 2681-714; 113 Stat. 
     1501A-308) is amended by inserting after ``Act,'' the 
     following: ``in accordance with all applicable law,''.
       (c) Interest.--Section 1008(b) of title X of division C of 
     the Omnibus Consolidated and Emergency Supplemental 
     Appropriations Act, 1999 (112 Stat. 2681-717; 113 Stat. 
     1501A-310) is amended by striking paragraph (4).
       Sec. 207. Beginning in fiscal year 2000 and thereafter, any 
     amounts provided for the Newlands Water Rights Fund for 
     purchasing and retiring water rights in the Newlands 
     Reclamation Project shall be non-reimbursable.
       Sec. 208. Use of Colorado-Big Thompson Project Facilities 
     for Nonproject Water. The Secretary of the Interior may enter 
     into contracts with the city of Loveland, Colorado, or its 
     Water and Power Department or any other agency, public 
     utility, or enterprise of the city, providing for the use of 
     facilities of the Colorado-Big Thompson Project, Colorado, 
     under the Act of February 21, 1911 (43 U.S.C. 523), for--
       (1) the impounding, storage, and carriage of nonproject 
     water originating on the eastern slope of the Rocky Mountains 
     for domestic, municipal, industrial, and other beneficial 
     purposes; and
       (2) the exchange of water originating on the eastern slope 
     of the Rocky Mountains for the purposes specified in 
     paragraph (1), using facilities associated with the Colorado-
     Big Thompson Project, Colorado.
       Sec. 209. Amendment to Irrigation Project Contract 
     Extension Act of 1998. (a) Section

[[Page H8316]]

     2(a) of the Irrigation Project Contract Extension Act of 
     1998, Public Law 105-293, is amended by striking the date 
     ``December 31, 2000'', and inserting in lieu thereof the date 
     ``December 31, 2003''; and
       (b) Subsection 2(b) of the Irrigation Project Contract 
     Extension Act of 1998, Public Law 105-293, is amended by--
       (1) striking the phrase ``not to go beyond December 31, 
     2001'', and inserting in lieu thereof the phrase ``not to go 
     beyond December 31, 2003''; and
       (2) striking the phrase ``terminates prior to December 31, 
     2000'', and inserting in lieu thereof ``terminates prior to 
     December 31, 2003''.
       Sec. 210. Section 202 of Division B, Title I, Chapter 2 of 
     Public Law 106-246 is amended by adding at the end the 
     following: ``This section shall be effective through 
     September 30, 2001.''.
       Sec. 211. Section 106 of the San Luis Rey Indian Water 
     Rights Settlement Act (Public Law 100-675; 102 Stat. 4000 et 
     seq.) is amended by adding at the end the following new 
     subsection:
       ``(f) Requirement to Reserve and Furnish Water.--
     Notwithstanding any other provision of law, the Secretary, 
     acting through the Commissioner of Reclamation, shall 
     permanently reserve and furnish annually the following:
       ``(1) Water.--The first 16,000 acre-feet of any water 
     conserved by the works authorized by title II, to the Indian 
     Water Authority and the local entities in accordance with the 
     settlement agreement.
       ``(2) Capacity and energy.--Capacity and energy from the 
     Parker-Davis Project at the rates established for project use 
     power sufficient to convey water conserved pursuant to 
     paragraph (1) from Lake Havasu through the Colorado River 
     Aqueduct to Lake Matthews and to the places of use on the 
     Bands reservations or in the local entities service area in 
     accordance with the settlement agreement.
     Water conserved pursuant to paragraph (1) may be used on the 
     Bands' reservations or in the local entities' service areas, 
     leased for use outside the Bands' reservations or the local 
     entities' service areas, or exchanged for water from other 
     sources for use by the Bands, the Indian Water Authority, or 
     the local entities, in accordance with the settlement 
     agreement.''.
       Sec. 212. (a) Definitions.--For the purpose of this 
     section, the term--
       (1) ``Secretary'' means the Secretary of the Interior;
       (2) ``Sly Park Unit'' means the Sly Park Dam and Reservoir, 
     Camp Creek Diversion Dam and Tunnel, and conduits and canals 
     as authorized under the American River Act of October 14, 
     1949 (63 Stat. 853), including those used to convey, treat, 
     and store water delivered from Sly Park, as well as all 
     recreation facilities thereto; and
       (3) ``District'' means the El Dorado Irrigation District.
       (b) In General.--The Secretary shall, as soon as 
     practicable after date of the enactment of this Act and in 
     accordance with all applicable law, transfer all right, 
     title, and interest in and to the Sly Park Unit to the 
     District.
       (c) Sale Price.--The Secretary is authorized to receive 
     from the District $2,000,000 to relieve payment obligations 
     and extinguish the debt under contract number 14-06-200-
     949IR3, and $9,500,000 to relieve payment obligations and 
     extinguish all debts associated with contracts numbered 14-
     06-200-7734, as amended by contracts numbered 14-06-200-4282A 
     and 14-06-200-8536A. Notwithstanding the preceding sentence, 
     the District shall continue to make payments required by 
     section 3407(c) of Public Law 102-575 through year 2029.
       (d) Credit Revenue to Project Repayment.--Upon payment 
     authorized under subsection (b), the amount paid shall be 
     credited toward repayment of capital costs of the Central 
     Valley Project in an amount equal to the associated 
     undiscounted obligation.
       (e) Future Benefits.--Upon payment, the Sly Park Unit shall 
     no longer be a Federal reclamation project or a unit of the 
     Central Valley Project, and the District shall not be 
     entitled to receive any further reclamation benefits.
       (f) Liability.--Except as otherwise provided by law, 
     effective on the date of conveyance of the Sly Park Unit 
     under this Act, the United States shall not be liable for 
     damages of any kind arising out of any act, omission, or 
     occurrence based on its prior ownership or operation of the 
     conveyed property.
       (g) Costs.--All costs, including interest charges, 
     associated with the Project that have been included as a 
     reimbursable cost of the Central Valley Project are declared 
     to be nonreimbursable and nonreturnable.

                               TITLE III

                          DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                             Energy Supply

       For Department of Energy expenses including the purchase, 
     construction and acquisition of plant and capital equipment, 
     and other expenses necessary for energy supply, and uranium 
     supply and enrichment activities in carrying out the purposes 
     of the Department of Energy Organization Act (42 U.S.C. 7101 
     et seq.), including the acquisition or condemnation of any 
     real property or any facility or for plant or facility 
     acquisition, construction, or expansion; and the purchase of 
     not to exceed 17 passenger motor vehicles for replacement 
     only, $660,574,000 to remain available until expended: 
     Provided, That, in addition, royalties received to 
     compensate the Department of Energy for its participation 
     in the First-Of-A-Kind-Engineering program shall be 
     credited to this account to be available until September 
     30, 2002, for the purposes of Nuclear Energy, Science and 
     Technology activities.

                  Non-Defense Environmental Management

       For Department of Energy expenses, including the purchase, 
     construction and acquisition of plant and capital equipment 
     and other expenses necessary for non-defense environmental 
     management activities in carrying out the purposes of the 
     Department of Energy Organization Act (42 U.S.C. 7101 et 
     seq.), including the acquisition or condemnation of any real 
     property or any facility or for plant or facility 
     acquisition, construction or expansion, $277,812,000, to 
     remain available until expended.

             Uranium Facilities Maintenance and Remediation


                     (including transfer of funds)

       For necessary expenses to maintain, decontaminate, 
     decommission, and otherwise remediate uranium processing 
     facilities, $393,367,000, of which $345,038,000 shall be 
     derived from the Uranium Enrichment Decontamination and 
     Decommissioning Fund, all of which shall remain available 
     until expended: Provided, That $72,000,000 of amounts derived 
     from the Fund for such expenses shall be available in 
     accordance with title X, subtitle A, of the Energy Policy Act 
     of 1992.

                                Science

       For Department of Energy expenses including the purchase, 
     construction and acquisition of plant and capital equipment, 
     and other expenses necessary for science activities in 
     carrying out the purposes of the Department of Energy 
     Organization Act (42 U.S.C. 7101 et seq.), including the 
     acquisition or condemnation of any real property or facility 
     or for plant or facility acquisition, construction, or 
     expansion, and purchase of not to exceed 58 passenger motor 
     vehicles for replacement only, $3,186,352,000, to remain 
     available until expended.

                         Nuclear Waste Disposal

       For nuclear waste disposal activities to carry out the 
     purposes of Public Law 97-425, as amended, including the 
     acquisition of real property or facility construction or 
     expansion, $191,074,000, to remain available until expended 
     and to be derived from the Nuclear Waste Fund: Provided, That 
     not to exceed $2,500,000 may be provided to the State of 
     Nevada solely for expenditures, other than salaries and 
     expenses of State employees, to conduct scientific oversight 
     responsibilities pursuant to the Nuclear Waste Policy Act of 
     1982, Public Law 97-425, as amended: Provided further, That 
     $6,000,000 shall be provided to affected units of local 
     governments, as defined in Public Law 97-425, to conduct 
     appropriate activities pursuant to the Act: Provided further, 
     That the distribution of the funds as determined by the units 
     of local government shall be approved by the Department of 
     Energy: Provided further, That the funds for the State of 
     Nevada shall be made available solely to the Nevada Division 
     of Emergency Management by direct payment and units of local 
     government by direct payment: Provided further, That within 
     90 days of the completion of each Federal fiscal year, the 
     Nevada Division of Emergency Management and the Governor of 
     the State of Nevada and each local entity shall provide 
     certification to the Department of Energy that all funds 
     expended from such payments have been expended for activities 
     authorized by Public Law 97-425 and this Act. Failure to 
     provide such certification shall cause such entity to be 
     prohibited from any further funding provided for similar 
     activities: Provided further, That none of the funds herein 
     appropriated may be: (1) used directly or indirectly to 
     influence legislative action on any matter pending before 
     Congress or a State legislature or for lobbying activity as 
     provided in 18 U.S.C. 1913; (2) used for litigation expenses; 
     or (3) used to support multi-State efforts or other coalition 
     building activities inconsistent with the restrictions 
     contained in this Act: Provided further, That all proceeds 
     and recoveries by the Secretary in carrying out activities 
     authorized by the Nuclear Waste Policy Act of 1982 in Public 
     Law 97-425, as amended, including but not limited to, any 
     proceeds from the sale of assets, shall be available without 
     further appropriation and shall remain available until 
     expended.

                      Departmental Administration

       For salaries and expenses of the Department of Energy 
     necessary for departmental administration in carrying out the 
     purposes of the Department of Energy Organization Act (42 
     U.S.C. 7101 et seq.), including the hire of passenger motor 
     vehicles and official reception and representation expenses 
     (not to exceed $35,000), $226,107,000, to remain available 
     until expended, plus such additional amounts as necessary to 
     cover increases in the estimated amount of cost of work for 
     others notwithstanding the provisions of the Anti-Deficiency 
     Act (31 U.S.C. 1511 et seq.): Provided, That such increases 
     in cost of work are offset by revenue increases of the same 
     or greater amount, to remain available until expended: 
     Provided further, That moneys received by the Department for 
     miscellaneous revenues estimated to total $151,000,000 in 
     fiscal year 2001 may be retained and used for operating 
     expenses within this account, and may remain available 
     until expended, as authorized by section 201 of Public Law 
     95-238, notwithstanding the provisions of 31 U.S.C. 3302: 
     Provided further, That the sum herein appropriated shall 
     be reduced by the amount of miscellaneous revenues 
     received during fiscal year 2001 so as to result in a 
     final fiscal year 2001 appropriation from the General Fund 
     estimated at not more than $75,107,000.

                    Office of the Inspector General

       For necessary expenses of the Office of the Inspector 
     General in carrying out the provisions of the Inspector 
     General Act of 1978, as amended, $31,500,000, to remain 
     available until expended.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                National Nuclear Security Administration


                           Weapons Activities

       For Department of Energy expenses, including the purchase, 
     construction and acquisition of

[[Page H8317]]

     plant and capital equipment and other incidental expenses 
     necessary for atomic energy defense weapons activities in 
     carrying out the purposes of the Department of Energy 
     Organization Act (42 U.S.C. 7101 et seq.), including the 
     acquisition or condemnation of any real property or any 
     facility or for plant or facility acquisition, construction, 
     or expansion; and the purchase of passenger motor vehicles 
     (not to exceed 12 for replacement only), $5,015,186,000, to 
     remain available until expended: Provided: That, $130,000,000 
     shall be immediately available for Project 96-D-111, the 
     National Ignition Facility at Lawrence Livermore National 
     Laboratory: Provided further, That $69,100,000 shall be 
     available only upon a certification by the Administrator of 
     the National Nuclear Security Administration to the Congress 
     after March 31, 2001, that (a) includes a recommendation on 
     an appropriate path forward for the project; (b) certifies 
     all established project and scientific milestones have been 
     met on schedule and on cost; (c) certifies the first and 
     second quarter project reviews in fiscal year 2001 determined 
     the project to be on schedule and cost; (d) includes a study 
     of requirements for and alternatives to a 192 beam ignition 
     facility for maintaining the safety and reliability of the 
     current nuclear weapons stockpile; (e) certifies an 
     integrated cost-schedule earned-value project control system 
     has been fully implemented; and (f) includes a five-year 
     budget plan for the stockpile stewardship program.


                    Defense Nuclear Nonproliferation

       For Department of Energy expenses, including the purchase, 
     construction and acquisition of plant and capital equipment 
     and other incidental expenses necessary for atomic energy 
     defense, Defense Nuclear Nonproliferation activities, in 
     carrying out the purposes of the Department of Energy 
     Organization Act (42 U.S.C. 7101 et seq.), including the 
     acquisition or condemnation of any real property or any 
     facility or for plant or facility acquisition, construction, 
     or expansion, $874,196,000, to remain available until 
     expended: Provided, That not to exceed $7,000 may be used for 
     official reception and representation expenses for national 
     security and nonproliferation (including transparency) 
     activities in fiscal year 2001.


                             Naval Reactors

       For Department of Energy expenses necessary for naval 
     reactors activities to carry out the Department of Energy 
     Organization Act (42 U.S.C. 7101 et seq.), including the 
     acquisition (by purchase, condemnation, construction, or 
     otherwise) of real property, plant, and capital equipment, 
     facilities, and facility expansion, $690,163,000, to remain 
     available until expended.


                      Office of the Administrator

       For necessary expenses of the Office of the Administrator 
     of the National Nuclear Security Administration, including 
     official reception and representation expenses (not to exceed 
     $5,000), $10,000,000, to remain available until expended.

                    OTHER DEFENSE RELATED ACTIVITIES

         Defense Environmental Restoration and Waste Management

       For Department of Energy expenses, including the purchase, 
     construction and acquisition of plant and capital equipment 
     and other expenses necessary for atomic energy defense 
     environmental restoration and waste management activities in 
     carrying out the purposes of the Department of Energy 
     Organization Act (42 U.S.C. 7101 et seq.), including the 
     acquisition or condemnation of any real property or any 
     facility or for plant or facility acquisition, construction, 
     or expansion; and the purchase of 30 passenger motor vehicles 
     for replacement only, $4,974,476,000, to remain available 
     until expended.

                  Defense Facilities Closure Projects

       For expenses of the Department of Energy to accelerate the 
     closure of defense environmental management sites, including 
     the purchase, construction and acquisition of plant and 
     capital equipment and other necessary expenses, 
     $1,082,714,000, to remain available until expended.

             Defense Environmental Management Privatization

       For Department of Energy expenses for privatization 
     projects necessary for atomic energy defense environmental 
     management activities authorized by the Department of Energy 
     Organization Act (42 U.S.C. 7101 et seq.), $65,000,000, to 
     remain available until expended.

                        Other Defense Activities

       For Department of Energy expenses, including the purchase, 
     construction and acquisition of plant and capital equipment 
     and other expenses necessary for atomic energy defense, other 
     defense activities, in carrying out the purposes of the 
     Department of Energy Organization Act (42 U.S.C. 7101 et 
     seq.), including the acquisition or condemnation of any real 
     property or any facility or for plant or facility 
     acquisition, construction, or expansion, $585,755,000, to 
     remain available until expended, of which $17,000,000 shall 
     be for the Department of Energy Employees Compensation 
     Initiative upon enactment of authorization legislation into 
     law.

                     Defense Nuclear Waste Disposal

       For nuclear waste disposal activities to carry out the 
     purposes of Public Law 97-425, as amended, including the 
     acquisition of real property or facility construction or 
     expansion, $200,000,000, to remain available until expended.

                    Power Marketing Administrations


                  Bonneville Power Administration Fund

       Expenditures from the Bonneville Power Administration Fund, 
     established pursuant to Public Law 93-454, are approved for 
     the Nez Perce Tribe Resident Fish Substitution Program, the 
     Cour D'Alene Tribe Trout Production facility, and for 
     official reception and representation expenses in an amount 
     not to exceed $1,500.
       During fiscal year 2001, no new direct loan obligations may 
     be made. Section 511 of the Energy and Water Development 
     Appropriations Act, 1997 (Public Law 104-206), is amended by 
     striking the last sentence and inserting, ``This authority 
     shall expire January 1, 2003.''.

      Operation and Maintenance, Southeastern Power Administration

       For necessary expenses of operation and maintenance of 
     power transmission facilities and of marketing electric power 
     and energy, including transmission wheeling and ancillary 
     services, pursuant to the provisions of section 5 of the 
     Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the 
     southeastern power area, $3,900,000, to remain available 
     until expended; in addition, notwithstanding the provisions 
     of 31 U.S.C. 3302, amounts collected by the Southeastern 
     Power Administration pursuant to the Flood Control Act to 
     recover purchase power and wheeling expenses shall be 
     credited to this account as offsetting collections, to remain 
     available until expended for the sole purpose of making 
     purchase power and wheeling expenditures as follows: for 
     fiscal year 2001, up to $34,463,000; for fiscal year 2002, up 
     to $26,463,000; for fiscal year 2003, up to $20,000,000; and 
     for fiscal year 2004, up to $15,000,000.

      Operation and Maintenance, Southwestern Power Administration

       For necessary expenses of operation and maintenance of 
     power transmission facilities and of marketing electric power 
     and energy, and for construction and acquisition of 
     transmission lines, substations and appurtenant facilities, 
     and for administrative expenses, including official reception 
     and representation expenses in an amount not to exceed $1,500 
     in carrying out the provisions of section 5 of the Flood 
     Control Act of 1944 (16 U.S.C. 825s), as applied to the 
     southwestern power area, $28,100,000, to remain available 
     until expended; in addition, notwithstanding the provisions 
     of 31 U.S.C. 3302, not to exceed $4,200,000 in 
     reimbursements, to remain available until expended: Provided, 
     That amounts collected by the Southwestern Power 
     Administration pursuant to the Flood Control Act to recover 
     purchase power and wheeling expenses shall be credited to 
     this account as offsetting collections, to remain available 
     until expended for the sole purpose of making purchase power 
     and wheeling expenditures as follows: for fiscal year 2001, 
     up to $288,000; for fiscal year 2002, up to $288,000; for 
     fiscal year 2003, up to $288,000; and for fiscal year 2004, 
     up to $288,000.


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

       For carrying out the functions authorized by title III, 
     section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 
     7152), and other related activities including conservation 
     and renewable resources programs as authorized, including 
     official reception and representation expenses in an amount 
     not to exceed $1,500, $165,830,000, to remain available until 
     expended, of which $154,616,000 shall be derived from the 
     Department of the Interior Reclamation Fund: Provided, That 
     of the amount herein appropriated, $5,950,000 is for deposit 
     into the Utah Reclamation Mitigation and Conservation Account 
     pursuant to title IV of the Reclamation Projects 
     Authorization and Adjustment Act of 1992: Provided further, 
     That amounts collected by the Western Area Power 
     Administration pursuant to the Flood Control Act of 1944 and 
     the Reclamation Project Act of 1939 to recover purchase power 
     and wheeling expenses shall be credited to this account as 
     offsetting collections, to remain available until expended 
     for the sole purpose of making purchase power and wheeling 
     expenditures as follows: for fiscal year 2001, up to 
     $65,224,000; for fiscal year 2002, up to $33,500,000; for 
     fiscal year 2003, up to $30,000,000; and for fiscal year 
     2004, up to $20,000,000.

           Falcon and Amistad Operating and Maintenance Fund

       For operation, maintenance, and emergency costs for the 
     hydroelectric facilities at the Falcon and Amistad Dams, 
     $2,670,000, to remain available until expended, and to be 
     derived from the Falcon and Amistad Operating and Maintenance 
     Fund of the Western Area Power Administration, as provided in 
     section 423 of the Foreign Relations Authorization Act, 
     Fiscal Years 1994 and 1995.

                  Federal Energy Regulatory Commission


                         salaries and expenses

       For necessary expenses of the Federal Energy Regulatory 
     Commission to carry out the provisions of the Department of 
     Energy Organization Act (42 U.S.C. 7101 et seq.), including 
     services as authorized by 5 U.S.C. 3109, the hire of 
     passenger motor vehicles, and official reception and 
     representation expenses (not to exceed $3,000), $175,200,000, 
     to remain available until expended: Provided, That 
     notwithstanding any other provision of law, not to exceed 
     $175,200,000 of revenues from fees and annual charges, and 
     other services and collections in fiscal year 2001 shall be 
     retained and used for necessary expenses in this account, 
     and shall remain available until expended: Provided 
     further, That the sum herein appropriated from the General 
     Fund shall be reduced as revenues are received during 
     fiscal year 2001 so as to result in a final fiscal year 
     2001 appropriation from the General Fund estimated at not 
     more than $0.

                              RESCISSIONS

                     Defense Nuclear Waste Disposal


                              (rescission)

       Of the funds appropriated in Public Law 104-46 for interim 
     storage of nuclear waste, $75,000,000 are transferred to this 
     heading and are hereby rescinded.

[[Page H8318]]

             Defense Environmental Management Privatization


                              (rescission)

       Of the funds appropriated in Public Law 106-60 and prior 
     Energy and Water Development Acts for the Tank Waste 
     Remediation System at Richland, Washington, $97,000,000 of 
     unexpended balances of prior appropriations are rescinded.

                           GENERAL PROVISIONS

                          DEPARTMENT OF ENERGY

       Sec. 301. (a) None of the funds appropriated by this Act 
     may be used to award a management and operating contract 
     unless such contract is awarded using competitive procedures 
     or the Secretary of Energy grants, on a case-by-case basis, a 
     waiver to allow for such a deviation. The Secretary may not 
     delegate the authority to grant such a waiver.
       (b) At least 60 days before a contract award, amendment, or 
     modification for which the Secretary intends to grant such a 
     waiver, the Secretary shall submit to the Subcommittees on 
     Energy and Water Development of the Committees on 
     Appropriations of the House of Representatives and the Senate 
     a report notifying the subcommittees of the waiver and 
     setting forth the reasons for the waiver.
       Sec. 302. None of the funds appropriated by this Act may be 
     used to--
       (1) develop or implement a workforce restructuring plan 
     that covers employees of the Department of Energy; or
       (2) provide enhanced severance payments or other benefits 
     for employees of the Department of Energy,
     under section 3161 of the National Defense Authorization Act 
     for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2644; 42 
     U.S.C. 7274h).
       Sec. 303. None of the funds appropriated by this Act may be 
     used to augment the $24,500,000 made available for obligation 
     by this Act for severance payments and other benefits and 
     community assistance grants under section 3161 of the 
     National Defense Authorization Act for Fiscal Year 1993 
     (Public Law 102-484; 106 Stat. 2644; 42 U.S.C. 7274h) unless 
     the Department of Energy submits a reprogramming request 
     subject to approval by the appropriate Congressional 
     committees.
       Sec. 304. None of the funds appropriated by this Act may be 
     used to prepare or initiate Requests For Proposals (RFPs) for 
     a program if the program has not been funded by Congress.


                   (transfers of unexpended balances)

       Sec. 305. The unexpended balances of prior appropriations 
     provided for activities in this Act may be transferred to 
     appropriation accounts for such activities established 
     pursuant to this title. Balances so transferred may be merged 
     with funds in the applicable established accounts and 
     thereafter may be accounted for as one fund for the same time 
     period as originally enacted.
       Sec. 306. Of the funds in this Act provided to government-
     owned, contractor-operated laboratories, not to exceed 6 
     percent shall be available to be used for Laboratory Directed 
     Research and Development.
       Sec. 307. (a) Of the funds appropriated by this title to 
     the Department of Energy, not more than $185,000,000 shall be 
     available for reimbursement of management and operating 
     contractor travel expenses, of which $10,000,000 is available 
     for use by the Chief Financial Officer of the Department of 
     Energy for emergency travel expenses.
       (b) Funds appropriated by this title to the Department of 
     Energy may be used to reimburse a Department of Energy 
     management and operating contractor for travel costs of its 
     employees under the contract only to the extent that the 
     contractor applies to its employees the same rates and 
     amounts as those that apply to Federal employees under 
     subchapter I of chapter 57 of title 5, United States Code, or 
     rates and amounts established by the Secretary of Energy. The 
     Secretary of Energy may provide exceptions to the 
     reimbursement requirements of this section as the Secretary 
     considers appropriate.
       (c) The limitation in subsection (a) shall not apply to 
     reimbursement of management and operating contractor travel 
     expenses within the Laboratory Directed Research and 
     Development program.
       Sec. 308. No funds are provided in this Act or any other 
     Act for the Administrator of the Bonneville Power 
     Administration to enter into any agreement to perform energy 
     efficiency services outside the legally defined Bonneville 
     service territory, with the exception of services provided 
     internationally, including services provided on a 
     reimbursable basis, unless the Administrator certifies that 
     such services are not available from private sector 
     businesses.
       Sec. 309. None of the funds in this Act may be used to 
     dispose of transuranic waste in the Waste Isolation Pilot 
     Plant which contains concentrations of plutonium in excess of 
     20 percent by weight for the aggregate of any material 
     category on the date of enactment of this Act, or is 
     generated after such date. For the purposes of this section, 
     the material categories of transuranic waste at the Rocky 
     Flats Environmental Technology Site include: (1) ash 
     residues; (2) salt residues; (3) wet residues; (4) direct 
     repackage residues; and (5) scrub alloy as referenced in the 
     ``Final Environmental Impact Statement on Management of 
     Certain Plutonium Residues and Scrub Alloy Stored at the 
     Rocky Flats Environmental Technology Site''.
       Sec. 310. The Administrator of the National Nuclear 
     Security Administration may authorize the plant manager of a 
     covered nuclear weapons production plant to engage in 
     research, development, and demonstration activities with 
     respect to the engineering and manufacturing capabilities at 
     such plant in order to maintain and enhance such capabilities 
     at such plant: Provided, That of the amount allocated to a 
     covered nuclear weapons production plant each fiscal year 
     from amounts available to the Department of Energy for such 
     fiscal year for national security programs, not more than an 
     amount equal to 2 percent of such amount may be used for 
     these activities: Provided further, That for purposes of this 
     section, the term ``covered nuclear weapons production 
     plant'' means the following:
       (1) The Kansas City Plant, Kansas City, Missouri.
       (2) The Y-12 Plant, Oak Ridge, Tennessee.
       (3) The Pantex Plant, Amarillo, Texas.
       (4) The Savannah River Plant, South Carolina.
       Sec. 311. Notwithstanding any other law, and without fiscal 
     year limitation, each Federal Power Marketing Administration 
     is authorized to engage in activities and solicit, undertake 
     and review studies and proposals relating to the formation 
     and operation of a regional transmission organization.
       Sec. 312. Not more than $10,000,000 of funds previously 
     appropriated for interim waste storage activities for Defense 
     Nuclear Waste Disposal in Public Law 104-46, the Energy and 
     Water Development Appropriations Act, 1996, may be made 
     available to the Department of Energy upon written 
     certification by the Secretary of Energy to the House and 
     Senate Committees on Appropriations that the Site 
     Recommendation Report cannot be completed on time without 
     additional funding.
       Sec. 313. Term of Office of Person First Appointed as Under 
     Secretary for Nuclear Security of the Department of Energy. 
     (a) Length of Term.--The term of office as Under Secretary 
     for Nuclear Security of the Department of Energy of the first 
     person appointed to that position shall be three years.
       (b) Exclusive Reasons for Removal.--The exclusive reasons 
     for removal from office as Under Secretary for Nuclear 
     Security of the person described in subsection (a) shall be 
     inefficiency, neglect of duty, or malfeasance in office.
       (c) Position Described.--The position of Under Secretary 
     for Nuclear Security of the Department of Energy referred to 
     in this section is the position established by subsection (c) 
     of section 202 of the Department of Energy Organization Act 
     (42 U.S.C. 7132), as added by section 3202 of the National 
     Nuclear Security Administration Act (title XXXII of Public 
     Law 106-65; 113 Stat. 954).
       Sec. 314. Scope of Authority of Secretary of Energy to 
     Modify Organization of National Nuclear Security 
     Administration. (a) Scope of Authority.--Subtitle A of the 
     National Nuclear Security Administration Act (title XXXII of 
     Public Law 106-65; 113 Stat. 957; 50 U.S.C. 2401 et seq.) is 
     amended by adding at the end the following new section:

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

       ``Notwithstanding the authority granted by section 643 of 
     the Department of Energy Organization Act (42 U.S.C. 7253) or 
     any other provision of law, the Secretary of Energy may not 
     establish, abolish, alter, consolidate, or discontinue any 
     organizational unit or component, or transfer any function, 
     of the Administration, except as authorized by subsection (b) 
     or (c) of section 3291.''.
       (b) Conforming Amendments.--Section 643 of the Department 
     of Energy Organization Act (42 U.S.C. 7253) is amended--
       (1) by striking ``The Secretary'' and inserting ``(a) 
     Subject to subsection (b), the Secretary''; and
       (2) by adding at the end the following new subsection:
       ``(b) The authority of the Secretary to establish, abolish, 
     alter, consolidate, or discontinue any organizational unit or 
     component of the National Nuclear Security Administration is 
     governed by the provisions of section 3219 of the National 
     Nuclear Security Administration Act (title XXXII of Public 
     Law 106-65).''.
       Sec. 315. Prohibition on Pay of Personnel Engaged in 
     Concurrent Service or Duties Inside and Outside National 
     Nuclear Security Administration. Subtitle C of the National 
     Nuclear Security Administration Act (title XXXII of Public 
     Law 106-65; 50 U.S.C. 2441 et seq.) is amended by adding at 
     the end the following new section:

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

       ``(a) Except as otherwise expressly provided by statute, no 
     funds authorized to be appropriated or otherwise made 
     available for the Department of Energy may be obligated or 
     utilized to pay the basic pay of an officer or employee of 
     the Department of Energy who--
       ``(1) serves concurrently in a position in the 
     Administration and a position outside the Administration; or
       ``(2) performs concurrently the duties of a position in the 
     Administration and the duties of a position outside the 
     Administration.''
       ``(b) The provision of this section shall take effect 60 
     days after the date of enactment of this section.''.

                                TITLE IV

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

       For expenses necessary to carry out the programs authorized 
     by the Appalachian Regional Development Act of 1965, as 
     amended, for necessary expenses for the Federal Co-Chairman 
     and the alternate on the Appalachian Regional Commission, for 
     payment of the Federal share of the administrative expenses 
     of the Commission, including services as authorized by 5 
     U.S.C. 3109, and hire of passenger motor vehicles, 
     $66,400,000, to remain available until expended.

                Defense Nuclear Facilities Safety Board


                         Salaries and Expenses

       For necessary expenses of the Defense Nuclear Facilities 
     Safety Board in carrying out activities

[[Page H8319]]

     authorized by the Atomic Energy Act of 1954, as amended by 
     Public Law 100-456, section 1441, $18,500,000, to remain 
     available until expended.

                        Delta Regional Authority


                         Salaries and Expenses

       For necessary expenses to establish the Delta Regional 
     Authority and to carry out its activities, $20,000,000, to 
     remain available until expended.

                           Denali Commission

       For expenses of the Denali Commission including the 
     purchase, construction and acquisition of plant and capital 
     equipment as necessary and other expenses, $30,000,000, to 
     remain available until expended.

                     Nuclear Regulatory Commission


                         Salaries and Expenses

       For necessary expenses of the Commission in carrying out 
     the purposes of the Energy Reorganization Act of 1974, as 
     amended, and the Atomic Energy Act of 1954, as amended, 
     including official representation expenses (not to exceed 
     $15,000), $481,900,000, to remain available until expended: 
     Provided, That of the amount appropriated herein, $21,600,000 
     shall be derived from the Nuclear Waste Fund: Provided 
     further, That revenues from licensing fees, inspection 
     services, and other services and collections estimated at 
     $447,958,000 in fiscal year 2001 shall be retained and used 
     for necessary salaries and expenses in this account, 
     notwithstanding 31 U.S.C. 3302, and shall remain available 
     until expended: Provided further, That $3,200,000 of the 
     funds herein appropriated for regulatory reviews and 
     assistance to other Federal agencies and States shall be 
     excluded from license fee revenues, notwithstanding 42 U.S.C. 
     2214: Provided further, That the sum herein appropriated 
     shall be reduced by the amount of revenues received during 
     fiscal year 2001 so as to result in a final fiscal year 2001 
     appropriation estimated at not more than $33,942,000.

                      Office of Inspector General

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, as amended, $5,500,000, to remain available until 
     expended: Provided, That revenues from licensing fees, 
     inspection services, and other services and collections 
     estimated at $5,390,000 in fiscal year 2001 shall be retained 
     and be available until expended, for necessary salaries and 
     expenses in this account notwithstanding 31 U.S.C. 3302: 
     Provided further, That the sum herein appropriated shall be 
     reduced by the amount of revenues received during fiscal year 
     2001 so as to result in a final fiscal year 2001 
     appropriation estimated at not more than $110,000.

                  Nuclear Waste Technical Review Board


                         Salaries and Expenses

       For necessary expenses of the Nuclear Waste Technical 
     Review Board, as authorized by Public Law 100-203, section 
     5051, $2,900,000, to be derived from the Nuclear Waste Fund, 
     and to remain available until expended.

                                TITLE V

               FISCAL YEAR 2001 EMERGENCY APPROPRIATIONS

                          DEPARTMENT OF ENERGY

                    ATOMIC ENERGY DEFENSE ACTIVITIES


                      Cerro Grande Fire Activities

       For necessary expenses to remediate damaged Department of 
     Energy facilities and for other expenses associated with the 
     Cerro Grande fire, $203,460,000, to remain available until 
     expended, of which $2,000,000 shall be made available to the 
     United States Army Corps of Engineers to undertake immediate 
     measures to provide erosion control and sediment protection 
     to sewage lines, trails, and bridges in Pueblo and Los Alamos 
     Canyons downstream of Diamond Drive in New Mexico: Provided, 
     That the entire amount shall be available only to the extent 
     an official budget request for $203,460,000, that includes 
     designation of the entire amount of the request as an 
     emergency requirement as defined in the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress: Provided 
     further, That the entire amount is designated by the Congress 
     as an emergency requirement pursuant to section 251(b)(2)(A) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985, as amended.

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

       For necessary expenses to carry out the programs authorized 
     by the Appalachian Regional Development Act of 1965, as 
     amended, $11,000,000, to remain available until expended, 
     which shall be available only to the extent an official 
     budget request for $11,000,000, that includes designation of 
     the entire amount of the request as an emergency requirement 
     as defined in the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended, is transmitted by the 
     President to the Congress: Provided, That the entire amount 
     is designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.

                                TITLE VI

                           GENERAL PROVISIONS

       Sec. 601. None of the funds appropriated by this Act may be 
     used in any way, directly or indirectly, to influence 
     congressional action on any legislation or appropriation 
     matters pending before Congress, other than to communicate to 
     Members of Congress as described in section 1913 of title 18, 
     United States Code.
       Sec. 602. (a) Purchase of American-Made Equipment and 
     Products.--It is the sense of the Congress that, to the 
     greatest extent practicable, all equipment and products 
     purchased with funds made available in this Act should be 
     American-made.
        (b) Notice Requirement.--In providing financial assistance 
     to, or entering into any contract with, any entity using 
     funds made available in this Act, the head of each Federal 
     agency, to the greatest extent practicable, shall provide to 
     such entity a notice describing the statement made in 
     subsection (a) by the Congress.
        (c) Prohibition of Contracts With Persons Falsely Labeling 
     Products as Made in America.--If it has been finally 
     determined by a court or Federal agency that any person 
     intentionally affixed a label bearing a ``Made in America'' 
     inscription, or any inscription with the same meaning, to any 
     product sold in or shipped to the United States that is not 
     made in the United States, the person shall be ineligible to 
     receive any contract or subcontract made with funds made 
     available in this Act, pursuant to the debarment, suspension, 
     and ineligibility procedures described in sections 9.400 
     through 9.409 of title 48, Code of Federal Regulations.
       Sec. 603. (a) None of the funds appropriated or otherwise 
     made available by this Act may be used to determine the final 
     point of discharge for the interceptor drain for the San Luis 
     Unit until development by the Secretary of the Interior and 
     the State of California of a plan, which shall conform to the 
     water quality standards of the State of California as 
     approved by the Administrator of the Environmental Protection 
     Agency, to minimize any detrimental effect of the San Luis 
     drainage waters.
       (b) The costs of the Kesterson Reservoir Cleanup Program 
     and the costs of the San Joaquin Valley Drainage Program 
     shall be classified by the Secretary of the Interior as 
     reimbursable or nonreimbursable and collected until fully 
     repaid pursuant to the ``Cleanup Program--Alternative 
     Repayment Plan'' and the ``SJVDP--Alternative Repayment 
     Plan'' described in the report entitled ``Repayment Report, 
     Kesterson Reservoir Cleanup Program and San Joaquin Valley 
     Drainage Program, February 1995'', prepared by the Department 
     of the Interior, Bureau of Reclamation. Any future 
     obligations of funds by the United States relating to, or 
     providing for, drainage service or drainage studies for the 
     San Luis Unit shall be fully reimbursable by San Luis Unit 
     beneficiaries of such service or studies pursuant to Federal 
     Reclamation law.
       Sec. 604. None of the funds appropriated by this Act shall 
     be used to propose or issue rules, regulations, decrees, or 
     orders for the purpose of implementation, or in preparation 
     for implementation, of the Kyoto Protocol which was adopted 
     on December 11, 1997, in Kyoto, Japan at the Third Conference 
     of the Parties to the United Nations Framework Convention on 
     Climate Change, which has not been submitted to the Senate 
     for advice and consent to ratification pursuant to article 
     II, section 2, clause 2, of the United States Constitution, 
     and which has not entered into force pursuant to article 25 
     of the Protocol.
       Sec. 605. (a) In General.--None of the funds made available 
     in this Act may be used to pay any basic pay of an individual 
     who simultaneously holds or carries out the responsibilities 
     of--
       (1) a position within the National Nuclear Security 
     Administration; and
       (2) a position within the Department of Energy not within 
     the Administration.
       (b) Exceptions for Administrator for Nuclear Security and 
     Deputy Administrator for Naval Reactors.--The limitation in 
     subsection (a) shall not apply to the following cases:
       (1) The Under Secretary of Energy for Nuclear Security 
     serving as the Administrator for Nuclear Security, as 
     provided in section 3212(a)(2) of the National Nuclear 
     Security Administration Act (50 U.S.C. 2402(a)(2)).
       (2) The director of the Naval Nuclear Propulsion Program 
     provided for under the Naval Nuclear Propulsion Executive 
     Order serving as the Deputy Administrator for Naval Reactors, 
     as provided in section 3216(a)(1) of such Act (50 U.S.C. 
     2406(a)(1)).
       Sec. 606. Funding of the Coastal Wetlands Planning, 
     Protection and Restoration Act. Section 4(a) of the Act of 
     August 9, 1950 (16 U.S.C. 777c(a)), is amended in the second 
     sentence by striking ``2000'' and inserting ``2009''.
       Sec. 607. Redesignation of Interstate Sanitation Commission 
     and District. (a) Interstate Sanitation Commission.--
       (1) In general.--The district known as the ``Interstate 
     Sanitation Commission'', established by article III of the 
     Tri-State Compact described in the Resolution entitled, ``A 
     Joint Resolution granting the consent of Congress to the 
     States of New York, New Jersey, and Connecticut to enter into 
     a compact for the creation of the Interstate Sanitation 
     District and the establishment of the Interstate Sanitation 
     Commission'', approved August 27, 1935 (49 Stat. 933), is 
     redesignated as the ``Interstate Environmental Commission''.
       (2) References.--Any reference in a law, regulation, map, 
     document, paper, or other record of the United States to the 
     Interstate Sanitation Commission shall be deemed to be a 
     reference to the Interstate Environmental Commission.
       (b) Interstate Sanitation District.--
       (1) In general.--The district known as the ``Interstate 
     Sanitation District'', established by article II of the Tri-
     State Compact described in the Resolution entitled, ``A Joint 
     Resolution granting the consent of Congress to the States of 
     New York, New Jersey, and Connecticut to enter into a compact 
     for the creation of the Interstate Sanitation District and 
     the establishment of the Interstate Sanitation Commission'', 
     approved August 27, 1935 (49 Stat. 932), is redesignated as 
     the ``Interstate Environmental District''.
       (2) References.--Any reference in a law, regulation, map, 
     document, paper, or other record of the United States to the 
     Interstate Sanitation District shall be deemed to be a 
     reference to the Interstate Environmental District.

[[Page H8320]]

                               TITLE VII

                       DEPARTMENT OF THE TREASURY

                       Bureau of the Public Debt

      gifts to the united states for reduction of the public debt

       For deposit of an additional amount for fiscal year 2001 
     into the account established under section 3113(d) of title 
     31, United States Code, to reduce the public debt, 
     $5,000,000,000.

                               TITLE VIII

                     NUCLEAR REGULATORY COMMISSION

       Section 6101 of the Omnibus Budget Reconciliation Act of 
     1990 (42 U.S.C. 2214) is amended--
       (1) in subsection (a)(3), by striking ``September 30, 
     1999'' and inserting ``September 20, 2005''; and
       (2) in subsection (c)--
       (A) in paragraph (1), by inserting ``or certificate 
     holder'' after ``licensee''; and
       (B) by striking paragraph (2) and inserting the following:
       ``(2) Aggregate amount of charges.--
       ``(A) In general.--The aggregate amount of the annual 
     charges collected from all licensees and certificate holders 
     in a fiscal year shall equal an amount that approximates the 
     percentages of the budget authority of the Commission for the 
     fiscal year stated in subparagraph (B), less--
       ``(i) amounts collected under subsection (b) during the 
     fiscal year; and
       ``(ii) amounts appropriated to the Commission from the 
     Nuclear Waste Fund for the fiscal year.
       ``(B) Percentages.--The percentages referred to in 
     subparagraph (A) are--
       ``(i) 98 percent for fiscal year 2001;
       ``(ii) 96 percent for fiscal year 2002;
       ``(iii) 94 percent for fiscal year 2003;
       ``(iv) 92 percent for fiscal year 2004; and
       ``(v) 90 percent for fiscal year 2005.''.
       This Act may be cited as the ``Energy and Water Development 
     Appropriations Act, 2001''.
       And the Senate agree to the same.

     Ron Packard,
     Harold Rogers,
     Joe Knollenberg,
     Rodney P. Frelinghuysen,
     Sonny Callahan,
     Tom Latham,
     Roger F. Wicker,
     C.W. Bill Young,
     Peter J. Visclosky,
     Chet Edwards,
     Ed Pastor,
     Michael P. Forbes,
                                Managers on the Part of the House.

     Pete V. Domenici,
     Thad Cochran,
     Slade Gorton,
     Mitch McConnell,
     Robert F. Bennett,
     Conrad Burns,
     Larry E. Craig,
     Ted Stevens,
     Harry Reid,
     Robert C. Byrd,
     Ernest F. Hollings,
     Patty Murray,
     Herb Kohl,
     Daniel Inouye,
                               Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendment of the Senate to the bill (H.R. 4733) making 
     appropriations for energy and water development for the 
     fiscal year ending September 30, 2001, and for other 
     purposes, submit the following joint statement to the House 
     and the Senate in explanation of the effects of the action 
     agreed upon by the managers and recommended in the 
     accompanying conference report.
       The language and allocations set forth in House Report 106-
     693 and Senate Report 106-395 should be complied with unless 
     specifically addressed to the contrary in the conference 
     report and statement of the managers. Report language 
     included by the House which is not contradicted by the report 
     of the Senate or the statement of the managers, and Senate 
     report language which is not contradicted by the report of 
     the House or the statement of the managers is approved by the 
     committee of conference. The statement of the managers, while 
     repeating some report language for emphasis, does not intend 
     to negate the language referred to above unless expressly 
     provided herein. In cases where both the House report and 
     Senate report address a particular issue not specifically 
     addressed in the conference report or joint statement of 
     managers, the conferees have determined that the House and 
     Senate reports are not inconsistent and are to be interpreted 
     accordingly. In cases in which the House or Senate have 
     directed the submission of a report, such report is to be 
     submitted to both House and Senate Committees on 
     Appropriations.
       Senate amendment: The Senate deleted the entire House bill 
     after the enacting clause and inserted the Senate bill. The 
     conference agreement includes a revised bill.

                                TITLE I

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

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


                         general investigations

       The conference agreement appropriates $160,038,000 for 
     General Investigations instead of $153,327,000 as proposed by 
     the House and $139,219,000 as proposed by the Senate.
       Within available funds, $50,000 is provided for erosion 
     control studies in the Harding Lake watershed in Alaska. The 
     conference agreement deletes the bill language proposed by 
     the Senate for this project.
       The conference agreement does not include funds proposed by 
     the House in this account for the Hamilton Airfield Wetlands 
     Restoration project in California and the Ohio River Greenway 
     project in Indiana. Funding for these projects is included in 
     the Construction, General account. The conference agreement 
     does not include funds in this account for the White River, 
     Muncie, Indiana, project. Funding for this project has been 
     included within the amount provided for the Section 1135 
     program.
       The conference agreement includes $150,000 for the Corps of 
     Engineers to undertake studies of potential navigational 
     improvements, shoreline protection, and breakwater protection 
     at the ports of Rota and Tinian in the Commonwealth of the 
     Northern Mariana Islands.
       The conferees have provided $200,000 for the Corps of 
     Engineers to initiate and complete a comprehensive water 
     management reconnaissance study for ecosystem restoration and 
     related purposes in the St. Clair River and Lake St. Clair 
     watersheds in Michigan pursuant to section 426 of the Water 
     Resources Development Act of 1999.
       Within the amount provided for Research and Development, 
     $200,000 is provided for a topographic/bathymetric mapping 
     project for Coastal Louisiana in cooperation with the 
     National Oceanic and Atmospheric Administration at the 
     interagency Federal laboratory in Lafayette, Louisiana. The 
     conference agreement does not include bill language proposed 
     by the Senate for this work. The conferees also urge the 
     Corps of Engineers to use available Research and Development 
     funds for a review of innovative dredging technologies for 
     potential implementation in the Peoria Lakes, Illinois, area.
       The conference agreement includes language proposed by the 
     House and the Senate which provides that in conducting the 
     Southwest Valley Flood Damage Reduction, Albuquerque, New 
     Mexico, study, the Corps of Engineers shall include an 
     evaluation of flood damage reduction measures that would 
     otherwise be excluded from the feasibility analysis based on 
     policies regarding the frequency of flooding, the drainage 
     area, and the amount of runoff.
       The conferees have agreed to include language in the bill 
     which directs the Corps of Engineers to use $750,000 to 
     continue preconstruction engineering and design of the 
     Murrieta Creek, California, flood control project in 
     accordance with Alternative 6, as identified in the Murrieta 
     Creek Feasibility Report and Environmental Impact Statement 
     dated June 2000.
       The conference agreement deletes bill language proposed by 
     the Senate providing funds for the John Glenn Great Lakes 
     Basin Program, the Detroit River, Michigan, project, and the 
     Niobrara River and Missouri River, South Dakota, project. 
     Funds for these projects have been included in the overall 
     amount provided for General Investigations.
       The conference agreement does not include language proposed 
     by the Senate providing funds for the selection of a 
     permanent disposal site for environmentally sound dredged 
     material from navigation projects in the State of Rhode 
     Island. Funds for this work have been provided within the 
     amount appropriated for Operation and Maintenance, 
     General.
       Within the amount provided for Flood Plain Management 
     Services, the conference agreement includes $250,000 for the 
     Corps of Engineers to undertake a study of drainage problems 
     in the Winchester, Kentucky, area. In addition, the conferees 
     urge the Corps of Engineers to complete a report on flood 
     control problems on Negro Creek at Sprague, Washington.
       Within the amount provided for Planning Assistance to 
     States, the conference agreement includes $100,000 for the 
     Corps of Engineers to update the daily flow model for the 
     Delaware River Basin.


                         construction, general

       The conference agreement appropriates $1,695,699,000 for 
     Construction, General instead of $1,378,430,000 as proposed 
     by the House and $1,361,449,000 as proposed by the Senate. 
     The amount recommended by the conferees for the Corps of 
     Engineers construction program represents a significant 
     increase over the budget request and the amount appropriated 
     in fiscal year 2000. However, the conferees note that the 
     budget request grossly underfunds many ongoing construction 
     projects, and its enactment would result in increased project 
     costs, major delays in the completion of projects and loss of 
     project benefits. The conferees also note that the Corps of 
     Engineers, through the use of unobligated balances, expects 
     its fiscal year 2000 construction expenditures to be 
     approximately $1,600,000,000.
       The conferees note that the Lake Worth Inlet, Florida, sand 
     transfer plant project is behind schedule and expect the 
     Corps of Engineers to proceed with the project as 
     expeditiously as possible.
       Within the amount provided for the West Virginia and 
     Pennsylvania Flood Control

[[Page H8321]]

     Project, $1,000,000 is provided for the following projects 
     within the State of Pennsylvania: Bloody Run/Everett Borough 
     ($25,000); Shoups Run/Carbon Township ($150,500); Six Mile 
     Run/Coaldale ($125,000); Black Log Creek/Boroughs of 
     Orbisonia and Rockhill Furnace ($127,000); Newton Hamilton 
     Borough ($465,500); and Coal Bank Run/Coalmont Borough 
     ($107,000).
       The conference agreement includes $150,000 for the 
     Southeastern Pennsylvania project for the Corps of Engineers 
     to prepare a decision document to determine the Federal 
     interest in and the scope of the problems in the Logan and 
     Feltonville sections of Philadelphia, Pennsylvania.
       The conferees direct the Corps of Engineers to use $500,000 
     to initiate the Hillsboro Inlet, Florida, project in 
     accordance with the Jacksonville District's General 
     Reevaluation Report for the project dated May 2000.
       The conference agreement includes $4,000,000 for the Corps 
     of Engineers to undertake water related infrastructure 
     projects in northeastern Pennsylvania as authorized by 
     section 502(f)(11) of the Water Resources Development Act of 
     1999.
       The conference agreement includes $500,000 for the Corps of 
     Engineers to undertake water related infrastructure projects 
     in Avis Borough and Renovo Borough, Clinton County, 
     Pennsylvania.
       The conference agreement includes $1,000,000 for sanitary 
     sewer and water and wastewater infrastructure projects in 
     Towanencin Township, Pennsylvania, as authorized by section 
     502(f)(8) of the Water Resources Development Act of 1999; 
     $200,000 for a project to eliminate or control combined sewer 
     overflows in the city of St. Louis, Missouri, as authorized 
     by section 502(f)(32) of the Water Resources Development Act 
     of 1999; and $300,000 for water related infrastructure 
     projects in Lake and Porter Counties, Indiana, as authorized 
     by section 502(f)(12) of the Water Resources Development Act 
     of 1999. In addition, the conference agreement includes 
     $2,500,000 to carry out environmental infrastructure projects 
     in northeastern Minnesota as authorized by section 569 of the 
     Water Resources Development Act of 1999.
       The conference agreement includes $25,000,000 for the Corps 
     of Engineers to design, construct, and operate water quality 
     projects in the San Gabriel Basin of California; and 
     $4,000,000 for the Corps of Engineers, in coordination with 
     other Federal agencies and the Brazos River Authority, to 
     participate in investigations and projects in the Bosque and 
     Leon Watersheds in Texas to assess the impact of the 
     perchlorate associated with the former Naval Weapons 
     Industrial Reserve Plant at McGregor, Texas.
       The conference agreement includes $300,000 for the Corps of 
     Engineers to continue the environmental restoration pilot 
     project at Dog River, Alabama.
       The conference agreement includes $1,500,000 for a project 
     to eliminate or control combined sewer overflows in the City 
     of Lebanon, New Hampshire, as authorized by section 
     502(f)(37) of the Water Resources Development Act of 1999; 
     $1,500,000 for environmental infrastructure projects in Ohio 
     authorized in section 594 of the Water Resources Development 
     Act of 1999; and $3,000,000 for environmental infrastructure 
     projects in central New Mexico authorized in section 593 of 
     the Water Resources Development Act of 1999.
       The conference agreement includes a total of $37,100,000 
     for the Levisa and Tug Forks of the Big Sandy River and Upper 
     Cumberland River project. In addition to the amounts included 
     in the budget request, the conference agreement includes: 
     $4,000,000 for the Clover Fork, Kentucky, element of the 
     project; $4,800,000 for the Middlesboro, Kentucky, element of 
     the project; $1,000,000 for the City of Cumberland, Kentucky, 
     element of the project; $700,000 for the Town of Martin, 
     Kentucky, element of the project; $4,200,000 for the Pike 
     County, Kentucky, element of the project, including 
     $1,400,000 for additional studies along the tributaries of 
     the Tug Fork and the initiation of a Detailed Project Report 
     for the Levisa Fork; $3,500,000 for the Martin County, 
     Kentucky, element of the project; $1,200,000 for additional 
     studies along the tributaries of the Cumberland River in Bell 
     County, Kentucky; $800,000 to continue the detailed project 
     report for the Buchanan County, Virginia, element of the 
     project; $700,000 to continue the detailed project report for 
     the Dickenson County, Virginia, element of the project; 
     $1,500,000 for the Upper Mingo County, West Virginia, element 
     of the project; $1,600,000 for the Kermit, Lower Mingo County 
     (Kermit), West Virginia, element of the project; $400,000 for 
     the Wayne County, West Virginia, element of the project; and 
     $600,000 for the McDowell County, West Virginia, element of 
     the project.
       The conference agreement includes $7,000,000 for the Dam 
     Safety and Seepage Stability Correction Program. Of the 
     amount provided, $1,000,000 is for repairs to the 
     Mississinewa Lake, Indiana, project, and up to $2,000,000 is 
     for the Waterbury Dam, Vermont, project.
       The conference agreement includes $4,000,000 for the Rural 
     Nevada project authorized by section 595 of the Water 
     Resources Development Act of 1999. Of the amount provided, 
     $1,500,000 is for the Lawton-Verdi, Nevada, sewer inceptor 
     project; $1,000,000 is for the Mesquite, Nevada, project; and 
     $1,500,000 for the Silver Springs, Nevada, sanitary sewer 
     project.
       The conferees direct the Corps of Engineers to undertake 
     the projects listed in the House and Senate reports and the 
     projects described below for the various continuing 
     authorities programs. The recommended funding levels for 
     those programs are as follows: Section 206--$19,000,000; 
     Section 204--$4,000,000; Section 14--$9,000,000; Section 
     205--$35,000,000; Section 111--$300,000; Section 107--
     $11,000,000; Section 1135--$21,000,000; Section 103--
     $2,500,000; and Section 208--$600,000. The conferees are 
     aware that there are funding requirements for ongoing 
     continuing authorities projects that may not be accommodated 
     within the funds provided for each program. It is not the 
     conferees' intent that ongoing projects be terminated. If 
     additional funds are needed during the year to keep ongoing 
     work in any program on schedule, the conferees urge the Corps 
     of Engineers to reprogram funds into the program within 
     available funds.
       Of the amount provided for the Section 14 program, $580,000 
     is to initiate and complete the planning and design analysis 
     phase, execute a project cooperation agreement, and initiate 
     and complete construction for the Rouge River, Southfield, 
     Michigan, project.
       Of the amount provided for the Section 111 program, 
     $300,000 is to prepare a shoreline stabilization study and 
     plans and specifications, and award a construction contract 
     for the Virginia Key, Florida, project.
       Of the amount provided for the Section 205 program, 
     $100,000 is to undertake the Columbus, New Mexico, project; 
     $200,000 is to undertake the Battle Mountain, Nevada, 
     project; and $500,000 is to undertake the Hay Creek, Roseau 
     County, Minnesota, project. The conference agreement deletes 
     the bill language proposed by the Senate for the Hay Creek 
     project. In addition, for the McKeel Brook, Dover and 
     Rockaway Townships, New Jersey, project, the funds provided 
     are to be used to complete plans and specifications and 
     initiate construction of the Morris County plan.
       Of the amount provided for the Section 1135 program, 
     $100,000 is to initiate the upland environmental restoration 
     study for the Virginia Key, Florida, project; $300,000 is to 
     prepare an environmental restoration report and prepare a 
     project cooperation agreement for the White River, Muncie, 
     Indiana, project; $250,000 is to initiate and complete a 
     preliminary restoration plan and a feasibility report for 
     the Sand Creek, Newton, Kansas, project; and $200,000 is 
     to initiate the ecosystem restoration report for the Lake 
     Champlain Watershed, Vermont, project. In addition, the 
     Corps of Engineers is directed to proceed with the most 
     cost effective solution to the water quality degradation 
     and related environmental and public impacts associated 
     with the western jetty at the mouth of the Genessee River 
     at Rochester, New York.
       Of the amount provided for the Section 107 program, 
     $810,000 is for construction of the Pemiscot Harbor, 
     Missouri, project; $3,000,000 is for construction of the 
     Ouzinkie Harbor, Alaska, project; and $500,000 is to initiate 
     construction of the South Basin Inner Harbor, Buffalo, New 
     York, project.
       The amount provided for the Section 206 program does not 
     include funds for the Upper Truckee River project. Funds for 
     this project are included in the Bureau of Reclamation's 
     Wetlands Development Program.
       The conference agreement includes $4,000,000 for the 
     Aquatic Plant Control program. Within the amount provided, 
     $400,000 is for aquatic weed control in Lake Champlain, 
     Vermont, $250,000 is for aquatic plant control within the 
     State of South Carolina, and $100,000 is for the control and 
     tracking of aquatic plants in the Potomac River in Virginia 
     and Maryland.
       The conferees have included language in the bill earmarking 
     funds for the following projects in the amount specified: San 
     Timoteo Creek (Santa Ana River Mainstem), California, 
     $5,000,000; San Gabriel Basin Groundwater Restoration, 
     California, $25,000,000; Indianapolis Central Waterfront, 
     Indiana, $10,000,000; Southern and Eastern Kentucky, 
     Kentucky, $4,000,000; Clover Fork, Middlesboro, City of 
     Cumberland, Town of Martin, Pike County (including Levisa 
     Fork and Tug Fork tributaries), Bell County, Martin County, 
     and Harlan County, Kentucky, elements of the Levisa and Tug 
     Forks of the Big Sandy River and Upper Cumberland River 
     project, $20,000,000; Jackson County, Mississippi, 
     $2,000,000; Bosque and Leon Rivers, Texas, $4,000,000; Upper 
     Mingo County (including Mingo County Tributaries), Lower 
     Mingo County (Kermit), Wayne County, and McDowell County, 
     West Virginia, elements of the Levisa and Tug Forks of the 
     Big Sandy River and Upper Cumberland River project, 
     $4,100,000.
       The conference agreement includes language proposed by the 
     House which directs the Corps of Engineers to proceed with 
     the Town of Martin element of the Levisa and Tug Forks of the 
     Big Sandy River and Upper Cumberland River project in 
     accordance with a Plan A as set forth in the preliminary 
     draft Detailed Project Report, Appendix T of the General Plan 
     of the Huntington District Commander.
       The conference agreement includes language proposed by the 
     House which directs the Corps of Engineers to use $900,000 to 
     undertake the Bowie County Levee project in Texas, which is 
     defined as Alternative B Local Sponsor Option in the Corps of 
     Engineers document entitled Bowie County Local Flood 
     Protection, Red River, Texas, project Design Memorandum No. 
     1, Bowie County Levee, dated April 1997.
       The conference agreement includes language proposed by the 
     Senate which provides that none of the funds appropriated in 
     the

[[Page H8322]]

     Act may be used to begin Phase II of the John Day Drawdown 
     study or to initiate a study of the drawdown of McNary Dam 
     unless authorized by law.
       The conference agreement includes language proposed by the 
     Senate which directs the Corps of Engineers to use available 
     Construction, General, funds to complete design and 
     construction of the Red River Regional Visitors Center in the 
     vicinity of Shreveport, Louisiana, at an estimated cost of 
     $6,000,000.
       The conference agreement includes language proposed by the 
     Senate which increases the authorization for the Norco 
     Bluffs, California, project.
       The conference agreement includes language proposed by the 
     Senate which directs the Corps of Engineers to use $3,000,000 
     of the funds appropriated in the Act for additional emergency 
     bank stabilization measures at Galena, Alaska, under the same 
     terms and conditions as previously undertaken emergency bank 
     stabilization work.
       The conference agreement includes language proposed by the 
     Senate directing the Corps of Engineers to use $4,200,000 
     appropriated in the Act to continue construction of the Ocean 
     Isle Beach segment of the Brunswick County Beaches, North 
     Carolina, project in accordance with the General Reevaluation 
     Report approved by the Chief of Engineers on May 15, 1998.
       The conference agreement includes language proposed by the 
     Senate which directs the Corps of Engineers to use $300,000 
     of the funds appropriated in the Act to reimburse the City of 
     Renton, Washington, for mitigation expenses incurred for the 
     flood control project constructed on the Cedar River at 
     Renton as a result of over-dredging by the Corps of 
     Engineers.
       The conference agreement includes language proposed by the 
     Senate subjecting the expenditure of previously appropriated 
     funds for the Devils Lake, North Dakota, project to a number 
     of conditions.
       The conference agreement includes language which provides 
     that $2,000,000 shall be available for stabilization and 
     renovation of Lock and Dam 10 on the Kentucky River, subject 
     to the enactment of authorization for the project.
       The conference agreement includes language which directs 
     the Corps of Engineers to use $3,000,000 to initiate 
     construction of a navigation project at Kaumalapau Harbor, 
     Hawaii. The project will consist of a 350-foot long 
     breakwater and a channel depth of 19 feet.
       The conference agreement includes language which directs 
     the Corps of Engineers to design and construct seepage 
     control features at Waterbury Dam, Winooski River, Vermont. 
     The Dam Safety and Seepage Correction Program includes up to 
     $2,000,000 to initiate this work. The proposed corrective 
     actions will restore the structural integrity of the dam and 
     reduce the chances of potential failure.
       The conference agreement includes language which directs 
     the Corps of Engineers to design and construct barge lanes at 
     the Houston-Galveston Navigation Channels, Texas, project.


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

       The conference agreement appropriates $347,731,000 for 
     Flood Control, Mississippi River and Tributaries instead of 
     $323,350,000 as proposed by the House and $334,450,000 as 
     proposed by the Senate.
       The conference agreement includes $900,000 for the 
     Southeast Arkansas feasibility study. The House had proposed 
     to fund this study in the General Investigations account.
       The conference agreement includes language proposed by the 
     Senate which directs the Secretary of the Army to complete 
     the analysis and determination regarding Federal maintenance 
     of the Greenville Inner Harbor, Mississippi, navigation 
     project in accordance with section 509 of the Water Resources 
     Development Act of 1996.
       The conference agreement includes $375,000 for construction 
     of the Yazoo Basin Tributaries project and $47,000,000 for 
     continuing construction of Mississippi River levees. The 
     conference agreement deletes bill language proposed by the 
     Senate regarding these projects.
       The conference agreement includes $7,242,000 for operation 
     and maintenance of Arkabutla Lake; $5,280,000 for operation 
     and maintenance of Grenada Lake; $7,680,000 for operation and 
     maintenance of Sardis Lake; and $4,376,000 for operation and 
     maintenance of Enid Lake. The conference agreement deletes 
     bill language proposed by the Senate regarding these 
     projects.


                   Operation and Maintenance, General

       The conference agreement appropriates $1,901,959,000 for 
     Operation and Maintenance, General, instead of $1,854,000,000 
     as proposed by the House and $1,862,471,000 as proposed by 
     the Senate.
       The conference agreement includes $6,755,000 for the 
     Apalachicola, Chattahoochee, and Flint Rivers project in 
     Georgia, Alabama, and Florida. The additional funds above the 
     budget request shall be used to implement environmental 
     restoration requirements as specified under the certification 
     issued by the State of Florida under section 401 of the 
     Federal Water Pollution Control Act and dated October 1999, 
     including $1,200,000 for increased environmental dredging and 
     $500,000 for related environmental studies required by the 
     state water quality certification. The conference agreement 
     does not include bill language proposed by the Senate 
     regarding this project.
       The conferees have provided $5,071,000 for the Red Rock Dam 
     and Lake, Iowa, project. The funds provided above the budget 
     request are for repair and replacement of various features of 
     the project including repair of the scouring of the South-
     East Des Moines levee.
       The conference agreement includes $10,400,000 for operation 
     and maintenance of the Pascagoula Harbor, Mississippi, 
     project.
       The conference agreement includes $1,500,000 over the 
     budget request for the Corps of Engineers to address impacts 
     of recent fires, undertake habitat restoration activities, 
     and address other essential requirements at Cochiti Lake in 
     New Mexico.
       The conference agreement includes an additional $3,000,000 
     for the Jemez Dam, New Mexico, project for the Corps of 
     Engineers to address the impacts of increased water releases 
     required to help sustain the endangered silvery minnow.
       The conferees have provided an additional $600,000 for the 
     Waco Lake, Texas, project for the Corps of Engineers to 
     address the higher lake levels associated with the raising of 
     the dam.
       The conferees have provided $12,570,000 for the Grays 
     Harbor, Washington, project, including $650,000 for repair of 
     the south jetty, $1,000,000 to complete the rehabilitation of 
     the north jetty at Ocean Shores, and $1,100,000 for the north 
     jetty operations and maintenance study.
       The conference agreement includes language proposed by the 
     Senate which directs the Corps of Engineers to prepare the 
     necessary documents and initiate removal of submerged 
     obstructions in the area previously marked by the Ambrose 
     Light Tower in New York Harbor.
       The conference agreement deletes language proposed by the 
     Senate providing $500,000 for maintenance and repair of the 
     Sakonnet Harbor breakwater in Little Compton, Rhode Island. 
     Funds for this project are included in the amount 
     appropriated for Operation and Maintenance, General.
       The conference agreement deletes language proposed by the 
     Senate providing $50,000 for a study of crossings across the 
     Chesapeake and Delaware Canal. The amount provided for 
     operation and maintenance of the Chesapeake and Delaware 
     Canal project includes $50,000 for the Corps of Engineers to 
     conduct a study to determine the adequacy and timing for 
     maintaining good and sufficient crossings across the canal.
       Although the conference agreement deletes bill language 
     proposed by the Senate regarding the marketing of dredged 
     material from the Delaware River Deepening project, the 
     conferees expect the Corps of Engineers to establish such a 
     program.
       The conference agreement includes language which directs 
     the Corps of Engineers to use $500,000 to dredge a channel 
     from the mouth of Wheeling Creek to Tunnel Green Park in 
     Wheeling, West Virginia.
       The conference agreement includes language which provides 
     that $500,000 of the funds provided for the Columbia and 
     Lower Willamette River below Vancouver, Washington, and 
     Portland, Oregon, project shall be used to remove and 
     reinstall the docks and causeway, in kind, at the Astoria 
     East Boat Basin in Oregon.
       The Secretary of the Army, acting through the Chief of 
     Engineers, is authorized and directed to extend the sheet 
     pile wall on the west end of the entrance to the Dillingham, 
     Alaska, small boat harbor, and to replace the existing wooden 
     bulkhead at the city dock under the provisions of Public Law 
     99-190.
       The conferees are aware of costs associated with 
     maintaining and operating the complex computer system used to 
     execute and program activities for the entire Operation and 
     Maintenance program. The conferees direct the Corps of 
     Engineers to specifically budget for this computer system in 
     future years and, within available fiscal year 2001 funds, 
     pay for this effort under Operation and Maintenance, General.
       The conferees are aware of a plan to improve the 
     effectiveness of public information exhibits located within 
     visitor centers at Corps of Engineers projects. The initial 
     plan will be developed by a multidiscipline team and is 
     scheduled to be completed this year. The conferees expect the 
     plan to be developed within available Operation and 
     Maintenance, General, funds and expect implementation of any 
     plans to be justified in future budget requests.


                 Flood Control and Coastal Emergencies

       The Secretary of the Army, acting through the Chief of 
     Engineers, is authorized and directed to extend the existing 
     Bethel Bank Stabilization project in Alaska an additional 
     1200 linear feet upstream, and to remove sediments from 
     Brown's Slough that hamper safe navigation.


                           Regulatory Program

       The conference agreement appropriates $125,000,000 for the 
     Corps of Engineers Regulatory Program as proposed by the 
     House instead of $120,000,000 as proposed by the Senate.
       The conference agreement includes language proposed by the 
     House and the Senate which will improve the analysis and 
     increase the information available to the public and the 
     Congress regarding the costs of the nationwide permit program 
     and permit processing times.


            Formerly Utilized Sites Remedial Action Program

       The conference agreement appropriates $140,000,000 for the 
     Formerly Utilized Sites

[[Page H8323]]

     Remedial Action Program as proposed by the House and the 
     Senate.
       The conferees concur with the language in the Senate report 
     regarding the Parks Township Shallow Land Disposal Area in 
     Armstrong County, Pennsylvania.


                            General Expenses

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


                             Revolving Fund

       The conference agreement includes language proposed by the 
     House and the Senate which provides that amounts in the 
     Revolving Fund are available for the costs of relocating the 
     Corps of Engineers headquarters to the General Accounting 
     Office building.

                           GENERAL PROVISIONS

                       Corps of Engineers--Civil

       Section 101. The conference agreement includes language 
     proposed by the House which provides for the transfer of 
     responsibility of local sponsorship of recreation development 
     at Joe Pool Lake, Texas, from the Trinity River Authority to 
     the City of Grand Prairie, Texas.
       Section 102. The conference agreement includes language 
     proposed by the Senate which places a limit on credits and 
     reimbursements allowable per project and annually.
       Section 103. The conference agreement includes language 
     proposed by the Senate which prohibits the use of funds to 
     revise the Missouri River Master Water Control Manual if the 
     revision provides for increases in springtime water releases 
     during spring heavy rainfall or snow melt.
       Section 104. The conference agreement includes language 
     proposed by the Senate which provides that none of the funds 
     provided in this Act may used for activities related to the 
     closure or removal of the St. Georges Bridge across the 
     Chesapeake and Delaware Canal in Delaware.
       Section 105. The conference agreement includes language 
     proposed by the Senate which provides that the Secretary of 
     the Army shall provide up to $7,000,000 to replace and 
     upgrade the dam in Kake, Alaska.
       Provisions not included in the conference agreement.--The 
     conference agreement does not include language proposed by 
     the House extending the authorization for spending Coastal 
     Wetlands Restoration Trust Fund receipts. This matter has 
     been addressed in Title VI. The conference agreement does not 
     include language proposed by the Senate regarding the use of 
     continuing contracts for Corps of Engineers projects. The 
     conference agreement does not include language proposed by 
     the Senate earmarking funds for the Pascagoula Harbor, 
     Mississippi, project and the Gulfport Harbor, Mississippi, 
     project. Funds for those projects are included in the amounts 
     appropriated for Operation and Maintenance, General, and 
     Construction, General, respectively.
       The conference agreement does not include language proposed 
     by the Senate regarding the Kihei Area Erosion project in 
     Hawaii. It is the intent of the conferees that the Kihei Area 
     Erosion study shall include an analysis of the extent and 
     causes of the shoreline erosion. Further, a regional economic 
     development (RED) analysis shall be included. The results of 
     the RED analysis shall be displayed in all study documents 
     along with the traditional benefit-cost analysis including 
     recommendations of the Chief of Engineers.
       The conference agreement does not include language proposed 
     by the Senate regarding the Waikiki Erosion Control project 
     in Hawaii. It is the intent of the conferees that the Waikiki 
     Erosion Control study shall include an analysis of 
     environmental resources that have been, or may be, threatened 
     by erosion of the shoreline. Further, a regional economic 
     development (RED) analysis shall be included. The results of 
     the RED analysis shall be displayed in all study documents 
     along with the traditional benefit-cost analysis including 
     recommendations of the Chief of Engineers.
       The conference agreement does not include language proposed 
     by the Senate directing the Secretary of the Army to conduct 
     a study to determine the need for providing additional 
     crossing capacity across the Chesapeake and Delaware Canal. 
     The conference agreement includes $50,000 under Operation and 
     Maintenance, General for the Corps of Engineers to conduct a 
     study to determine the adequacy and timing for maintaining 
     good and sufficient crossings across the Chesapeake and 
     Delaware Canal.
       The conference agreement does not include language proposed 
     by the Senate expressing the sense of the Senate concerning 
     dredging of the main channel of the Delaware River and 
     language proposed by the Senate regarding the Historic Area 
     Remediation Site.

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[[Page H8368]]

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project


                Central Utah Project Completion Account

       The conference agreement appropriates $39,940,000 to carry 
     out the provisions of the Central Utah Project Completion Act 
     as proposed by the House and the Senate.

                         Bureau of Reclamation

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


                      Water and Related Resources

       The conference agreement appropriates $678,450,000 for 
     Water and Related Resources instead of $635,777,000 as 
     proposed by the House and $655,192,000 as proposed by the 
     Senate.
       The conference agreement includes $39,467,000 for the 
     Central Arizona Project as proposed by the House.
       The additional funds provided by the House under the 
     California Investigations Program for studies of ways to 
     increase the reliability of water supplies in southern Orange 
     County, California, have been included under the Southern 
     California Investigations Program.
       The conference agreement includes an additional $1,000,000 
     for the Columbia and Snake Rivers Salmon Recovery project. 
     The additional funds may be used for water acquisition and 
     other actions that may be required by Endangered Species Act 
     biological opinions concerning the operation and maintenance 
     of Bureau of Reclamation projects.
       The conference agreement includes an increase of $4,758,000 
     over the budget request for the Middle Rio Grande project in 
     New Mexico for the Bureau of Reclamation to undertake 
     research, monitoring, and modeling of evapotranspiration, 
     implement a program for the transplant of silvery minnow 
     larvae and young-of-year, and carry out habitat conservation 
     and restoration activities along the middle Rio Grande River 
     valley as specified in the Senate report. Additional funding 
     is also provided for Bureau of Reclamation participation in 
     the recent settlement regarding the recovery of the Rio 
     Grande silvery minnow.
       The conference agreement includes $2,960,000 for the Title 
     XVI Water Reclamation and Reuse Program. Of the funds 
     provided, $500,000 is provided for the Bureau of Reclamation 
     to participate with the City of Espanola, New Mexico, in a 
     feasibility study to investigate opportunities to reclaim and 
     reuse municipal wastewater and naturally impaired surface and 
     groundwater, and $300,000 is provided to continue the Phoenix 
     Metropolitan Water Reclamation and Reuse (Aqua Fria) project 
     in Arizona. In addition, up to $1,000,000 is provided for the 
     Bureau of Reclamation to support the WateReuse Foundation's 
     research program as described in the House report.
       The conferees have provided $5,000,000 for the Drought 
     Emergency Assistance Program to address the severe drought 
     conditions that currently exist in New Mexico and other 
     western states. The conferees direct the attention of the 
     Bureau of Reclamation to the need for the acquisition of 
     water for the San Carlos Reservoir on the Gila River in 
     Arizona.
       The conference agreement includes $8,500,000 for the Native 
     American Affairs Program of the Bureau of Reclamation, of 
     which $200,000 is for the Bureau to undertake studies, in 
     consultation and cooperation with the Jicarilla Apache Tribe, 
     of the most feasible method of developing a safe and adequate 
     municipal, rural and industrial water supply for the 
     residents of the Jicarilla Apache Indian Reservation in New 
     Mexico.
       Of the amount provided for the Wetlands Development 
     Program, $1,500,000 is provided for design and construction 
     of the restoration of the Upper Truckee River in the vicinity 
     of the airport at South Lake Tahoe, California, including 
     channel realignment, and meadow and floodplain restoration.
       The conference agreement deletes language proposed by the 
     House which provides that none of the funds appropriated in 
     the Act may be used by the Bureau of Reclamation for closure 
     of the Auburn Dam, California, diversion tunnel or 
     restoration of the American River channel through the Auburn 
     Dam construction site.
       The conferees have included language in the bill proposed 
     by the Senate which provides that $16,000,000 shall be 
     available for the Rocky Boys Indian Water Rights Settlement 
     project in Montana; provides that not more than $500,000 
     shall be available for projects carried out by the Youth 
     Conservation Corps; increases the amount authorized for 
     Indian municipal, rural, and industrial water features of the 
     Garrison Diversion project in North Dakota by $2,000,000; and 
     amends the Reclamation Safety of Dams Act of 1978.
       The conference agreement deletes bill language proposed by 
     the Senate providing $2,300,000 for the Albuquerque 
     Metropolitan Area Water Reclamation and Reuse project. 
     Funding for this project is included in the total amount 
     appropriated for Water and Related Resources.


               Bureau of Reclamation Loan Program Account

       The conference agreement appropriates $9,369,000 for the 
     Bureau of Reclamation Loan Program account as proposed by the 
     House and the Senate.


                Central Valley Project Restoration Fund

       The conference agreement appropriates $38,382,000 for the 
     Central Valley Project Restoration Fund as proposed by the 
     House and the Senate.


                       Policy and Administration

       The conference agreement appropriates $50,224,000 for 
     Policy and Administration as proposed by the Senate instead 
     of $47,000,000 as proposed by the House.

                           GENERAL PROVISIONS

                       Department of the Interior

       Section 201. The conference agreement includes language 
     proposed by the House which provides that none of the funds 
     appropriated by this or any other Act may be used to purchase 
     or lease water in the Middle Rio Grande or Carlsbad projects 
     in New Mexico unless the purchase or lease is in compliance 
     with the requirements of section 202 of Public Law 106-60.
       Section 202. The conference agreement includes language 
     proposed by the Senate which provides that funds for Drought 
     Emergency Assistance are to be used primarily for leasing of 
     water for specified drought related purposes from willing 
     lessors in compliance with State laws. The language also 
     provides that leases may be entered into with an option to 
     purchase provided the purchase is approved in the State in 
     which the purchase takes place and does not cause economic 
     harm in the State in which the purchase is made.
       Section 203. The conference agreement includes language 
     proposed by the House which provides authority to the 
     Secretary of the Interior to make an annual assessment upon 
     Central Valley Project water and power contractors for the 
     purpose of making an annual payment to the Trinity Public 
     Utilities District. The language has been amended to clarify 
     that the payments to the Trinity Public Utilities District 
     will be made without the need for appropriations.
       Section 204. The conference agreement includes language 
     proposed by the Senate regarding the activities of the Glen 
     Canyon Dam Adaptive Management Program. The language in the 
     Senate bill has been amended to increase the funding limit 
     for the program to not more than $7,850,000, adjusted for 
     inflation, and to not preclude voluntary contributions to the 
     Adaptive Management Program.
       Section 205. The conference agreement includes language 
     proposed by the Senate which authorizes and directs the 
     Secretary of the Interior to use not to exceed $1,000,000 to 
     refund amounts received by the United States as payments for 
     charges assessed by the Secretary prior to January 1, 1994, 
     for failure to file certain certification or reporting forms 
     prior to the receipt of project water pursuant to sections 
     206 and 224(c) of the Reclamation Reform Act of 1982.
       Section 206. The conference agreement includes language 
     proposed by the Senate which amends the Canyon Ferry 
     Reservoir, Montana, Act.
       Section 207. The conference agreement includes language 
     proposed by the Senate which provides that beginning in 
     fiscal year 2000 and thereafter, any amounts provided for the 
     Newlands Water Rights Fund for purchasing and retiring water 
     rights in the Newlands Reclamation Project shall be non-
     reimbursable.
       Section 208. The conference agreement includes language 
     proposed by the Senate which permits the use of Colorado-Big 
     Thompson Project facilities for nonproject water.
       Section 209. The conference agreement includes language 
     proposed by the Senate which amends the Irrigation Project 
     Contract Extension Act of 1998.
       Section 210. The conference agreement includes a provision 
     proposed by the Senate which extends through fiscal year 2001 
     the prohibition on the use of funds to further reallocate 
     Central Arizona Project water until the enactment of 
     legislation authorizing and directing the Secretary of the 
     Interior to make allocations and enter into contracts for the 
     delivery of Central Arizona Project water.
       Section 211. The conference agreement includes language 
     which amends the San Luis Rey Indian Water Rights Settlement 
     Act, Public Law 100-675.
       Section 212. The conference agreement includes language 
     providing for the conveyance of the Sly Park Unit in 
     California to the El Dorado Irrigation District.
       Provision not included in the conference agreement.--The 
     conference agreement does not include a provision proposed by 
     the Senate related to recreation development within the State 
     of Montana.

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                               TITLE III

                          DEPARTMENT OF ENERGY

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


                           PROJECT MANAGEMENT

       The conferees strongly support the progress being made by 
     the Office of Engineering and Construction Management in 
     bringing standardization, discipline, oversight, and 
     increased professionalism to the Department's project 
     management efforts. The project engineering and design (PED) 
     process developed by the Department represents significant 
     progress toward correcting serious management deficiencies 
     that have historically plagued the Department's construction 
     projects. The conferees believe that implementation of the 
     PED process for all construction and environmental projects 
     throughout the Department will provide the assurance 
     necessary to eliminate the current requirement for an 
     external independent review of all projects prior to 
     releasing funds for construction. The conferees expect the 
     continuation of the external independent review process as 
     discussed in both the House and Senate reports.


                        PASSENGER MOTOR VEHICLES

       The conferees have provided statutory limitations on the 
     number of passenger motor vehicles that can be purchased by 
     the Department of Energy in fiscal year 2001. These 
     limitations are included each year, but the Department has 
     been interpreting this limitation to mean that sport utility 
     vehicles are not considered passenger motor vehicles and do 
     not count against the appropriation ceiling. The conferees 
     consider this to be disingenuous at best and a violation of 
     the appropriations language at worst.
       The conferees expect the Department to adhere strictly to 
     the limits set for the purchase of motor vehicles. It is the 
     intention of the conferees in prescribing these limitations 
     that sport utility vehicles are to be considered passenger 
     motor vehicles and, therefore, subject to the limitation. 
     Further, the Department is to provide a full and complete 
     accounting of the current motor vehicle inventory at each 
     location. The Department should work with the Committees on 
     Appropriations to ensure that the report provides the 
     necessary information.


                           CONTRACTOR TRAVEL

       The conference agreement includes a statutory provision 
     limiting reimbursement of Department of Energy management and 
     operating contractors for travel expenses to not more than 
     $185,000,000. This limitation consists of $175,000,000 for 
     contractor travel and a reserve fund of $10,000,000 to be 
     administered by the Department's Chief Financial Officer and 
     released for emergency travel requirements.
       The Department had requested $200,000,000 for contractor 
     travel. The reduction in fiscal year 2001 is not to be 
     prorated, but should be applied to those organizations that 
     appear to have the most questionable travel practices. This 
     is not meant to restrict trips between laboratories to 
     coordinate on program issues.


                          INDEPENDENT CENTERS

       The Department is to identify all independent centers at 
     each DOE laboratory and facility in the fiscal year 2002 
     budget submission. These centers are to be funded directly in 
     program accounts, rather than overhead, with the exception of 
     those centers which clearly benefit more than one program at 
     a laboratory or facility. The Department is directed to 
     provide a list of any centers that are funded through 
     overhead accounts with the fiscal year 2002 budget 
     submission.


                             REPROGRAMMINGS

       The conference agreement does not provide the Department of 
     Energy with any internal reprogramming flexibility in fiscal 
     year 2001 unless specifically identified by the House, 
     Senate, or conference agreement. Any reallocation of new or 
     prior year budget authority or prior year deobligations must 
     be submitted to the House and Senate Committees on 
     Appropriations in advance, in writing, and may not be 
     implemented prior to approval by the Committees.


              LABORATORY DIRECTED RESEARCH AND DEVELOPMENT

       The conference agreement includes an allowance of six 
     percent for the laboratory directed research and development 
     (LDRD) program and two percent for nuclear weapons production 
     plants. Travel costs for LDRD are exempt from the contractor 
     travel ceiling. The conferees direct the Department's Chief 
     Financial Officer to develop and execute a financial 
     accounting report of LDRD expenditures by laboratory and 
     weapons production plant. This report, due to the House and 
     Senate Committees on Appropriations by December 31, 2000, and 
     each year thereafter, should provide costs by personnel 
     salaries, equipment, and travel. The Department should work 
     with the Committees on the specific information to be 
     included in the report.


                SAFEGUARDS AND SECURITY BUDGET AMENDMENT

       The conferees have chosen to reflect the amounts requested 
     for safeguards and security funding in the manner proposed in 
     the budget amendment submitted to Congress by the Department. 
     Adjustments have been made in each account to reflect the 
     consolidation of safeguards and security costs into a few 
     major accounts and the transfer of these costs from overhead 
     accounts to specific program line items. However, the 
     conferees do not concur with the amendment to the extent its 
     purpose is to reorganize all safeguards and security 
     functions at the Department under the control and direction 
     of the Office of Security and Emergency Operations, or any 
     other entity not part of line management. The conferees agree 
     that the direct responsibility for safeguards and security 
     must be united and integrated with the responsibility of line 
     operations.


              ADDITIONAL DEPARTMENT OF ENERGY REQUIREMENTS

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


GENERAL REDUCTIONS NECESSARY TO ACCOMMODATE SPECIFIC PROGRAM DIRECTIONS

       The Department is directed to provide a report to the House 
     and Senate Committees on Appropriations by January 15, 2001, 
     on the actual application of any general reductions of 
     funding or use of prior year balances contained in the 
     conference agreement. In general, such reductions should not 
     be applied disproportionately against any program, project, 
     or activity. However, the conferees are aware there may be 
     instances where proportional reductions would adversely 
     impact critical programs and other allocations may be 
     necessary. The report should also include the distribution of 
     the safeguards and security funding adjustments.

                             Energy Supply

       The conference agreement provides $660,574,000 for Energy 
     Supply instead of $616,482,000 as proposed by the House and 
     $691,520,000 as proposed by the Senate. The conference 
     agreement includes the House proposal to make funds available 
     until expended rather than the Senate proposal to limit 
     availability to two years. The conference agreement does not 
     include the Senate bill language transferring funds from the 
     United States Enrichment Corporation or earmarking funds for 
     a variety of projects to demonstrate alternative energy 
     technologies.


                       Renewable Energy Resources

       The conference agreement provides $422,085,000 instead of 
     $390,519,000 as proposed by the House and $444,117,000 as 
     proposed by the Senate for renewable energy resources.
       Biomass/biofuels.--The conference agreement includes 
     $112,900,000 for biomass/biofuels. The conferees have 
     provided $26,740,000 for research to be managed by the Office 
     of Science, the same as the budget request. The conference 
     agreement includes $40,000,000 for power systems and 
     $46,160,000 for the transportation program. The conference 
     agreement does not include prescriptive language specifying 
     funding allocations as contained in the House and Senate 
     reports.
       The conferees encourage the Department to continue the 
     integrated approach to bioenergy activities and recommend the 
     use of up to $18,000,000 within available funds for the 
     bioenergy initiative. Funding for this initiative may be 
     derived from both the power and transportation programs.
       In the power program, the conference agreement provides 
     $2,000,000 for the Iowa switch grass project which is a 
     multi-year project; $4,000,000 for the McNeill biomass plant 
     in Burlington, Vermont; $395,000 for the final Federal 
     contribution to the Vermont agriculture methane project; 
     $500,000 for the bioreactor landfill project to be 
     administered by the Environmental Education and Research 
     Foundation and Michigan State University; $1,000,000 for 
     methane energy and agriculture development (MEAD) in 
     Tillamook Bay, Oregon; and $1,000,000 for the Mount Wachusett 
     College biomass conversion project in Massachusetts.
       The Department is to accelerate the large-scale biomass 
     demonstration at the Winona, Mississippi, site.
       The conference agreement provides $4,000,000 in power 
     systems to support a project to demonstrate a commercial 
     facility employing the thermo-depolymerization technology at 
     a site adjacent to the Nevada Test Site. The project shall 
     proceed on a cost-shared basis where Federal funding shall be 
     matched in at least an equal amount with non-Federal funding.
       In the transportation program, the conference agreement 
     provides $1,000,000 for continuation of biomass research at 
     the Energy and Environmental Research Center on the 
     integration of biomass with fossil fuels for advanced power 
     systems transportation fuels; $600,000 for the University of 
     Louisville to work on the design of bioreactors for 
     production of fuels and chemicals for ethanol production; and 
     $2,000,000 for the design and construction of a demonstration 
     facility for regional biomass ethanol manufacturing in 
     southeast Alaska.
       The conference agreement also includes $2,000,000 for the 
     Michigan Biotechnology Institute to be derived equally from 
     power and transportation systems.
       Funding allocated by the Department for the regional 
     biomass program and feedstock production should be derived 
     equally from the power and transportation programs.
       Geothermal.--The conference agreement includes $27,000,000 
     for geothermal activities. The conference agreement does not 
     include language specifying funding allocations as contained 
     in the Senate report. The conferees have provided $2,000,000 
     to complete

[[Page H8376]]

     the Lake County Basin 2000 Geothermal project in Lake County, 
     California.
       Hydrogen.--The conference agreement includes $29,970,000 
     for hydrogen activities, including $350,000 for the Montana 
     Trade Port Authority in Billings, Montana; $250,000 for the 
     gasification of Iowa switch grass; and $800,000 for the ITM 
     Syngas project.
       The conferees have also provided $2,000,000 for the multi-
     year demonstration of an underground mining locomotive and an 
     earth loader powered by hydrogen at existing facilities 
     within the State of Nevada. The demonstration is subject to a 
     private sector industry cost-share of not less than an equal 
     amount, and a portion of these funds may also be used to 
     acquire a prototype hydrogen fueling appliance to provide on-
     site hydrogen in the demonstration.
       Hydropower.--The conference agreement includes $5,000,000 
     for hydropower. The conferees are aware that the Department 
     is funding research that is supposed to be applicable to the 
     needs of the large dams in the northwest United States. The 
     Department is concerned that the Federal power marketing 
     administrations are not involved in developing this research 
     program. The Department is directed to provide a report 
     coordinated with the power marketing administrations that 
     indicates how this hydropower research is applicable to the 
     current and future needs of the power marketing 
     administrations and the schedule by which this research will 
     provide useable products.
       Solar Energy.--The conference agreement includes 
     $110,632,000 for solar energy programs. The conference 
     agreement does not include language specifying funding 
     allocations as contained in the House and Senate reports.
       The conference agreement provides $13,800,000 for 
     concentrating solar power, including $1,000,000 to initiate 
     planning of a one MW dish engine field validation power 
     project at the University of Nevada-Las Vegas.
       The conference agreement includes $78,622,000 for 
     photovoltaic energy systems, including up to $3,000,000 for 
     the million solar roofs initiative. The conferees have 
     provided $1,500,000 for the Southeast and Southwest 
     photovoltaic experiment stations.
       The conference agreement includes $3,950,000 for solar 
     building technology research.
       Wind.--The conference agreement includes $40,283,000 for 
     wind programs. The conference agreement does not include 
     prescriptive language specifying allocations as included in 
     the Senate report. The conferees have provided $1,000,000 for 
     the Kotzebue wind project. Of the funding for wind energy 
     systems, not less than $5,000,000 shall be made available for 
     new and ongoing small wind programs, including not less than 
     $2,000,000 for the small wind turbine development project. 
     From within available funds, $100,000 has been provided for a 
     wind turbine and for educational purposes at the Turtle 
     Mountain Community College in North Dakota.
       Electric energy systems and storage.--The conference 
     agreement includes $52,000,000 for electric energy systems 
     and storage. The conferees urge the Department to support the 
     university, industry-based partnership at the University of 
     California-Irvine Advanced Power and Energy Program to 
     conduct energy and information related technology 
     demonstrations to accelerate the development and deployment 
     of cost-efficient technologies benefiting all energy 
     consumers affected by a deregulated energy industry.
       The conference agreement includes $6,000,000 to accelerate 
     the development and application of high temperature 
     superconductor technologies through joint efforts among DOE 
     laboratories, universities, and industry to be lead by Los 
     Alamos and Oak Ridge National Laboratories.
       The conference agreement includes $500,000 for completion 
     of the distributed power demonstration project begun last 
     year at the Nevada Test Site.
       Renewable Support and Implementation.--The conference 
     agreement includes $21,600,000 for renewable support and 
     implementation programs.
       The Federal Energy Management Program should report to the 
     Committees on Appropriations by December 31, 2001, on the 
     accomplishments of the Departmental energy management program 
     with the fiscal year 2001 appropriations including the number 
     of energy efficiency projects funded, the number of energy 
     savings performance contracts supported, and the total 
     estimated savings.
       From within available funds, the conference agreement 
     provides $1,000,000 for the Office of Arctic Energy as 
     proposed by the Senate.
       The conference agreement includes $5,000,000 for the 
     international renewable energy program. Of this amount, 
     $1,000,000 is to be provided to International Utility 
     Efficiency Partnerships, Inc. (IUEP). The IUEP shall 
     competitively award all projects, continuing its leadership 
     role in reducing carbon dioxide emissions using voluntary 
     market-based mechanisms.
       The conference agreement includes $4,000,000 for the 
     renewable energy production incentive program.
       The conference agreement includes $6,600,000 for renewable 
     Indian energy resources projects as proposed by the Senate.
       The conference agreement includes $4,000,000 for renewable 
     program support, of which $1,000,000 is for an Indoor Air 
     Quality and Energy Conservation Research Planning grant to 
     study and develop technologies to improve air quality within 
     homes and buildings.
       Program direction.--The conference agreement includes 
     $18,700,000 for program direction. The conferees have 
     provided additional funding to support implementation of the 
     management reforms identified in the recent National Academy 
     of Public Administration review.

                             Nuclear Energy

       The conference agreement provides $259,925,000 for nuclear 
     energy activities instead of $231,815,000 as proposed by the 
     House and $262,084,000 as proposed by the Senate.
       Advanced radioisotope power systems.--The conference 
     agreement includes $32,200,000, an increase over the budget 
     request of $30,864,000. The additional funds are to maintain 
     the infrastructure to support future national security needs 
     and NASA missions.
       Isotope support.--The conference agreement includes a total 
     program level of $27,215,000 for the isotope program. This 
     amount is reduced by offsetting collections of $8,000,000 to 
     be received in fiscal year 2001, resulting in a net 
     appropriation of $19,215,000. The conferees understand that 
     the total estimated cost of Project 99-E-201, the isotope 
     production facility at Los Alamos National Laboratory, has 
     increased significantly due to factors outside the control of 
     the Office of Nuclear Energy and have included $2,500,000 to 
     partially cover these additional costs.
       University reactor fuel assistance and support.--The 
     conference agreement includes $12,000,000, the same as the 
     budget request.
       Research and development.--The conference agreement 
     provides $47,500,000 for nuclear energy research and 
     development activities.
       The conference agreement includes $5,000,000, the same as 
     the budget request, for nuclear energy plant optimization. 
     The conferees direct the Department to ensure that projects 
     are funded jointly with non-Federal partners and that total 
     non-Federal contributions are equal to or in excess of total 
     Department contributions to projects funded in this program.
       The conferees have provided $35,000,000 for the nuclear 
     energy research initiative.
       The conference agreement includes $7,500,000 for nuclear 
     energy technologies. The Senate had included these activities 
     in the nuclear energy research initiative program. Funding of 
     $4,500,000 is provided to develop a road map for the 
     commercial deployment of a next generation power reactor; 
     $1,000,000 for the preparation of a detailed assessment that 
     analyzes and describes the changes needed to existing 
     advanced light water reactor (ALWR) designs; $1,000,000 for 
     planning and implementation of initiatives in support of an 
     advanced gas reactor; and $1,000,000 to undertake a study to 
     determine the feasibility of deployment of small modular 
     reactors.
       Infrastructure.--The conference agreement includes the 
     budget request of $39,150,000 for ANL-West Operations, 
     $9,000,000 for test reactor landlord activities, and 
     $44,010,000 for the Fast Flux Test Facility.
       Nuclear facilities management.--The conference agreement 
     adopts the budget structure proposed by the House and 
     provides $34,850,000 for nuclear facilities management 
     activities, the same as the budget request.
       The conference agreement provides the full amount of the 
     budget request to complete draining and processing EBR-II 
     primary sodium. The conferees direct the Department to notify 
     the House and Senate Committees on Appropriations immediately 
     if any issues arise that would delay the Department's 
     scheduled date to complete these activities.
       Uranium programs.--The conference agreement transfers the 
     budget request of $53,400,000 for uranium programs to a new 
     appropriation account, Uranium Facilities Maintenance and 
     Remediation.
       Program direction.--The conference agreement includes 
     $22,000,000 for program direction. This reduction reflects 
     the transfer of 25 employees in the field and up to 5 
     employees at Headquarters who managed the uranium programs to 
     the Office of Environmental Management.


                     Environment, Safety and Health

       The conference agreement includes $35,998,000 for non-
     defense environment, safety and health activities. The 
     conferees direct that the reduction from the budget request 
     be directed to eliminate lower-priority activities currently 
     funded in this program. The conference agreement includes 
     $1,000,000 to be transferred to the Occupational Safety and 
     Health Administration as proposed by the House. The conferees 
     expect the Department to budget for this activity in fiscal 
     year 2002.


                Technical Information Management Program

       The conference agreement includes $8,600,000 as proposed by 
     the Senate.


                          Funding Adjustments

       The conference agreement also includes $47,100,000, the 
     same amount as the budget request, for research performed by 
     the Office of Science related to renewable energy 
     technologies, and $2,352,000 proposed as an offset from 
     nuclear energy royalties to be received in fiscal year 2001. 
     A reduction of $16,582,000 reflects the transfer of 
     safeguards and security costs in accordance with the 
     Department's amended budget request.


                  NON-DEFENSE ENVIRONMENTAL MANAGEMENT

       The conference agreement provides $277,812,000 for Non-
     Defense Environmental Management instead of $281,001,000 as 
     proposed by the House and $309,141,000 as proposed by the 
     Senate. Funding of $5,000,000 is

[[Page H8377]]

     provided to expedite environmental cleanup at the Brookhaven 
     National Laboratory. No funding has been provided for the 
     Atlas site in Moab, Utah, which has not been authorized. The 
     recommendation transfers $1,900,000 from the post-2006 
     program to the site/project completion program to maintain 
     the schedule for completing cleanup of three Oakland 
     geographic sites.


             URANIUM FACILITIES MAINTENANCE AND REMEDIATION

       The conference agreement provides $393,367,000 for uranium 
     activities instead of $301,400,000 as proposed by the House 
     and $297,778,000 as proposed by the Senate, and adopts the 
     budget structure proposed by the House.


      Uranium Enrichment Decontamination and Decommissioning Fund

       The conference agreement includes $345,038,000 for the 
     uranium enrichment decontamination and decommissioning fund. 
     This includes $273,038,000 for cleanup activities and 
     $72,000,000 for uranium and thorium reimbursements. The 
     conferees recognize there are eligible uranium and thorium 
     licensee claims under Title X of the Energy Policy Act that 
     have been approved for reimbursement, but not yet paid in 
     full. Additional funding of $42,000,000 over the budget 
     request of $30,000,000 has been provided for these payments.

                            Uranium Programs

       The conference agreement provides $62,400,000 for uranium 
     activities, an increase of $9,000,000 over the budget request 
     of $53,400,000. Additional funding of $9,000,000, as proposed 
     by the Senate, has been provided for activities associated 
     with the depleted uranium hexafluoride (DUF6) management and 
     conversion project.


                       Domestic Uranium Industry

       The conferees are very concerned about the front end of the 
     U.S. nuclear fuel cycle. The conferees direct the Secretary 
     to work with the President and other Federal agencies to 
     ensure that current laws with respect to the privatization 
     of USEC and with respect to the implementation of the 
     Russian HEU agreement and their impact on United States 
     domestic capabilities are carried out. In addition, the 
     Secretary is instructed to take timely measures to ensure 
     that conversion capability is not lost in the United 
     States. The conferees expect that any such measures will 
     not interfere with the implementation of the Russian HEU 
     agreement and the important national security goals it is 
     accomplishing.
       The conferees direct the Secretary to undertake an 
     evaluation and make specific recommendations on the various 
     options to sustain a domestic uranium enrichment industry in 
     the short and long-term to be delivered to Congress no later 
     than December 31, 2000. The Secretary's evaluation shall 
     include recommendations for dealing with the Portsmouth 
     facility and its role in maintaining a secure and sufficient 
     domestic supply of enriched uranium. Further, this 
     investigation should consider the technological viability and 
     commercial feasibility of all proposed enrichment 
     technologies including various centrifuge options, AVLIS and 
     SILEX technologies, or other emerging technology. The 
     evaluation should also consider the role of the Federal 
     government in developing and supporting the implementation 
     and regulation of these new technologies in order to secure a 
     reliable and competitive source of domestic nuclear fuel.


                           Funding Adjustment

       A reduction of $14,071,000 reflects the transfer of 
     safeguards and security costs in accordance with the 
     Department's amended budget request.

                                Science

       The conference agreement provides $3,186,352,000 instead of 
     $2,830,915,000 as proposed by the House and $2,870,112,000 as 
     proposed by the Senate. The conference agreement does not 
     include the Senate language earmarking funds for various 
     purposes and limiting funding for the small business 
     innovation research program.
       High energy physics.--The conference agreement provides 
     $726,130,000 for high energy physics and reflects the 
     adjustments recommended in the Science budget amendment 
     submitted by the Department. Funding of $230,931,000 has been 
     provided for facility operations at the Fermi National 
     Accelerator Laboratory.
       Nuclear physics.--The conference agreement provides 
     $369,890,000 for nuclear physics, the same as the original 
     budget request.
       Biological and environmental research.--The conference 
     agreement includes $500,260,000 for biological and 
     environmental research. The conferees have included 
     $20,135,000 for the low-dose effects program, an increase of 
     $8,453,000 over the budget request. The conference agreement 
     provides $9,000,000 for molecular nuclear medicine.
       The conferees have provided the budget request of 
     $2,500,000 for the Laboratory for Comparative and Functional 
     Genomics at Oak Ridge National Laboratory.
       The conference agreement includes $2,000,000 for the 
     Discovery Science Center in Orange County, California; 
     $1,500,000 for the Children's Hospital emergency power plant 
     in San Diego; $1,000,000 for the Center for Science and 
     Education at the University of San Diego; $500,000 for the 
     bone marrow transplant program at Children's Hospital Medical 
     Center Foundation in Oakland, California; $1,000,000 for the 
     North Shore Long Island Jewish Health System in New York; 
     $1,700,000 for the Museum of Science and Industry in Chicago; 
     $2,000,000 for the Livingston Digital Millenium Center to be 
     located at Tulane University; and $1,000,000 for the Center 
     for Nuclear Magnetic Resonance at the University of Alabama-
     Birmingham.
       The conference agreement includes $3,000,000 for the 
     Nanotechnology Engineering Center at the University of Notre 
     Dame in South Bend, Indiana; $2,000,000 for the School of 
     Public Health at the University of South Carolina for 
     modernization upgrades; $2,000,000 for the National Center 
     for Musculoskeletal Research at the Hospital for Special 
     Surgery in New York; and $1,300,000 for the Western States 
     Visibility Assessment Program at New Mexico Tech to trace 
     emissions resulting from energy consumption.
       The conference agreement includes $1,000,000 for high 
     temperature super conducting research and development at 
     Boston College; $2,500,000 for the positron emission 
     tomography facility at West Virginia University; $1,000,000 
     for the advanced medical imaging center at Hampton 
     University; $500,000 for the Natural Energy Laboratory in 
     Hawaii; $800,000 for the Child Health Institute of New 
     Brunswick, New Jersey; and $900,000 for the linear 
     accelerator for University Medical Center of Southern Nevada.
       The conference agreement also includes $200,000 for the 
     study of biological effects of low level radioactive activity 
     at University of Nevada-Las Vegas; $1,000,000 for the Medical 
     University of South Carolina Oncology Center; $11,000,000 for 
     development of technologies using advanced functional brain 
     imaging methodologies, including magneto-encephalography, for 
     conduct of basic research in mental illness and neurological 
     disorders, and for construction; $2,000,000 for a science and 
     technology facility at New Mexico Highlands University; 
     $2,000,000 for the University of Missouri-Columbia to expand 
     the federal investment in the university's nuclear medicine 
     and cancer research capital program; and $2,000,000 for the 
     Inland Northwest Natural Resources Research Center at Gonzaga 
     University.
       Basic energy sciences.--The conference agreement includes 
     $1,013,370,000 for basic energy sciences. The conferees have 
     included $8,000,000 for the Experimental Program to Stimulate 
     Competitive Research (EPSCoR).
       Spallation Neutron Source.--The recommendation includes 
     $278,600,000, including $259,500,000 for construction and 
     $19,100,000 for related research and development, the same as 
     the amended budget request, for the Spallation Neutron 
     Source.
       Advanced scientific computing research.--The conference 
     agreement includes $170,000,000 for advanced scientific 
     computing research.
       Energy research analyses.--The conference agreement 
     includes $1,000,000 for energy research analyses, the same 
     amount provided by the House and the Senate.
       Multiprogram energy labs--facility support.--The conference 
     agreement includes $33,930,000 for multi-program energy labs-
     facility support.
       Fusion energy sciences.--The conference agreement includes 
     $255,000,000, as proposed by the House, for fusion energy 
     sciences.
       Safeguards and security.--Consistent with the Department's 
     amended budget request for safeguards and security, the 
     conference agreement includes $49,818,000 for safeguards and 
     security activities at laboratories and facilities managed by 
     the Office of Science. This is offset by a reduction of 
     $38,244,000 that is to be allocated among the various 
     programs which budgeted for safeguards and security costs in 
     their overhead accounts.
       Program Direction.--The conference agreement includes 
     $139,245,000 for program direction. Funding of $4,500,000 has 
     been provided for science education.
       Funding adjustments.--A reduction of $38,244,000 reflects 
     the allocation of safeguards and security costs in accordance 
     with the Department's amended budget request. A general 
     reduction of $34,047,000 has been applied to this account.


                         NUCLEAR WASTE DISPOSAL

       The conference agreement provides $191,074,000 for Nuclear 
     Waste Disposal instead of $213,000,000 as proposed by the 
     House and $59,175,000 as proposed by the Senate. Combined 
     with the appropriation of $200,000,000 to the Defense Nuclear 
     Waste Disposal account, a total of $391,074,000 will be 
     available for program activities in fiscal year 2001. The 
     funding level reflects a reduction of $39,500,000 from the 
     budget request and the transfer of $6,926,000 in safeguards 
     and security costs in accordance with the Department's 
     amended budget request.
       In addition, the conferees recommend that $10,000,000 of 
     funds previously appropriated for interim waste storage 
     activities in Public Law 104-46 may be made available upon 
     written certification by the Secretary of Energy to the House 
     and Senate Committees on Appropriations that the site 
     recommendation report cannot be completed on time without 
     additional funding.
       Site recommendation report.--The conferees reiterate the 
     expectation by Congress that the Department submit its site 
     recommendation report in July 2001 according to the current 
     schedule. While the conference agreement does not provide the 
     full funding requested by the Department, the conferees 
     expect the Department to promptly submit a reprogramming 
     request if it becomes apparent that limited funding will 
     delay the site recommendation report beyond July 2001.
       The conferees further expect that, if the site is approved, 
     the Department will continue to analyze further design 
     improvements and enhancements between that time

[[Page H8378]]

     and the submittal of a license application to the Nuclear 
     Regulatory Commission.
       State oversight funding.--The conference agreement includes 
     $2,500,000 for the State of Nevada. This funding will be 
     provided to the Department of Energy which will reimburse the 
     State for actual expenditures on appropriate scientific 
     oversight responsibilities conducted pursuant to the Nuclear 
     Waste Policy Act of 1982. These funds are to be provided to 
     the Nevada Division of Emergency Management for program 
     management and execution and may not be used for payment of 
     salaries and expenses for State employees.
       Local oversight funding.--The conference agreement includes 
     $6,000,000 for affected units of local government. The 
     conferees expect the Department to provide the full amount of 
     funding allocated to the State and local counties for 
     oversight activities. Any proposed reduction to the amounts 
     identified by Congress for State and local oversight will 
     require prior approval of a reprogramming request by the 
     Committees on Appropriations.
       Limitation on the use of funds to promote or advertise 
     public tours.--The conferees direct that none of the funds be 
     used to promote or advertise any public tour of the Yucca 
     Mountain facility, other than public notice that is required 
     by statute or regulation.

                      Departmental Administration

       The conference agreement provides $226,107,000 for 
     Departmental Administration instead of $153,527,000 as 
     proposed by the House and $210,128,000 as proposed by the 
     Senate. Additional funding adjustments include a transfer of 
     $25,000,000 from Other Defense Activities; the use of 
     $8,000,000 of prior year balances; and a reduction of $18,000 
     for safeguards and security costs. Revenues of $151,000,000 
     are estimated to be received in fiscal year 2001, resulting 
     in a net appropriation of $75,107,000.
       The conference agreement provides $5,000,000 for the Office 
     of the Secretary as proposed by the House. All funds for the 
     newly established National Nuclear Security Administration 
     have been provided in the defense portion of this bill.
       The conference agreement provides $32,148,000 for the Chief 
     Financial Officer, an increase of $1,400,000 over the budget 
     request of $30,748,000. These additional funds are to support 
     the DOE project management career development program.
       Working capital fund.--The conference agreement does not 
     include statutory language proposed by the House prohibiting 
     funding Federal employee salaries and expenses in the working 
     capital fund. However, any proposal by the Department to 
     transfer salaries and expenses to the working capital fund 
     will require prior approval by the House and Senate 
     Committees on Appropriations.
       Cost of work for others.--The conference agreement includes 
     a one-time increase of $40,000,000 in the cost of work for 
     others program to accommodate safeguards and security 
     requirements. It is anticipated that this amount will be 
     offset by an estimated $40,000,000 in revenues derived from 
     non-Department of Energy customers for the purpose of funding 
     safeguards and security activities throughout the 
     Department. In fiscal year 2002 and beyond, the conferees 
     expect the Department to submit a safeguards and security 
     budget that includes amounts obtained previously from 
     other agencies or customers.

                    Office of the Inspector General

       The conference agreement provides $31,500,000 for the 
     Inspector General as proposed by the House instead of 
     $28,988,000 as proposed by the Senate. The conference 
     agreement does not include statutory language proposed by the 
     House requiring a study of the economic basis of recent 
     gasoline price levels.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                National Nuclear Security Administration

       The conferees support the Administrator's efforts to 
     establish and fill critical positions within the National 
     Nuclear Security Administration (NNSA). The conferees agree 
     that the Administrator's authority should not be impacted by 
     any action that would otherwise limit or preclude hiring 
     which may occur as a result of a change of administrations, 
     and that the Administrator should to the maximum extent 
     possible under applicable statutes proceed with effecting 
     appointments.


                           WEAPONS ACTIVITIES

       The conference agreement provides $5,015,186,000 for 
     Weapons Activities instead of $4,579,684,000 as proposed by 
     the House and $4,883,289,000 as proposed by the Senate. 
     Statutory language proposed by the House limiting the funds 
     availability to two years has not been included by the 
     conferees.
       Reprogramming.--The conference agreement provides limited 
     reprogramming authority of $5,000,000 or 5 percent, whichever 
     is less, within the Weapons Activities account without 
     submission of a reprogramming to be approved in advance by 
     the House and Senate Committees on Appropriations. No 
     individual program account may be increased or decreased by 
     more than this amount during the fiscal year using this 
     reprogramming authority. This should provide the needed 
     flexibility to manage this account.
       Congressional notification within 30 days of the use of 
     this reprogramming authority is required. Transfers which 
     would result in increases or decreases in excess of 
     $5,000,000 or 5 percent to an individual program account 
     during the fiscal year require prior notification and 
     approval from the House and Senate Committees on 
     Appropriations.
       The Department is directed to submit a report to the 
     Committees on Appropriations by January 15, 2001, that 
     reflects the allocation of the safeguards and security 
     reduction, the use of prior year balances and the application 
     of general reductions, and any proposed accounting 
     adjustments.
       Directed stockpile work.--In stockpile research and 
     development, additional funding of $19,000,000 has been 
     provided for life extension development activities and to 
     support additional sub-critical experiments. Additional 
     funding of $10,000,000 has been provided to support 
     activities required to maintain the delivery date for a 
     certified pit. No additional funds are provided for 
     cooperative research on hard and deeply buried targets.
       Funding for stockpile maintenance has been increased by 
     $22,000,000 as follows: $13,000,000 for life extension 
     operations and development and engineering activities; 
     $5,000,000 for the Kansas City Plant; and $4,000,000 for the 
     Y-12 Plant.
       Funding for stockpile evaluation has been increased by 
     $23,000,000 as follows: $6,000,000 for the elimination of the 
     testing backlog and joint test equipment procurements; 
     $8,000,000 for the Pantex Plant; $6,000,000 for the Y-12 
     Plant; and $3,000,000 for the Savannah River Plant.
       Campaigns.--The conference agreement provides $41,400,000 
     for pit certification, the same as the budget request. 
     Additional funding of $10,000,000 has been provided for 
     dynamic materials properties to support the maintenance of 
     core scientific capabilities, Liner Demonstration 
     Experiments, and other various multi-campaign supporting 
     physics demonstrations for the Atlas pulsed power facility at 
     the Los Alamos National Laboratory and the Nevada Test Site.
       An additional $15,000,000 has been provided to support 
     research, development and pre-conceptual design studies for 
     an advanced hydrodynamic test facility using protons.
       Additional funding of $17,000,000 has been provided for 
     enhanced surveillance activities as follows: $3,000,000 for 
     the Kansas City Plant; $7,000,000 for the Pantex Plant; 
     $4,000,000 for the Y-12 Plant; $1,000,000 for the Savannah 
     River Plant; and $2,000,000 to support accelerated deployment 
     of test and diagnostic equipment.
       Funding for pit manufacturing readiness is increased by 
     $17,000,000. An increase of $2,000,000 is provided to 
     initiate conceptual design work on a pit manufacturing 
     facility. Additional funding of $15,000,000 is provided to 
     support the pit production program which is now behind 
     schedule and over cost. The conferees strongly support the 
     Senate language regarding the Department's lack of attention 
     to this critical program and the requirement for a progress 
     report by December 1, 2000, and each quarter thereafter.
       An additional $5,000,000 has been provided to the Y-12 
     Plant for secondary readiness.
       Inertial Fusion.--The conference agreement includes 
     $449,600,000 for the inertial fusion program in the budget 
     structure proposed by the House.
       Additional funding of $25,000,000 as proposed by the House 
     has been provided to further development of high average 
     power lasers. The conference agreement includes the budget 
     request of $9,750,000 for the Naval Research Laboratory and 
     the budget request of $32,150,000 for the University of 
     Rochester. The conference agreement reflects the transfer of 
     $40,000,000 from National Ignition Facility (NIF) operations 
     funding to the NIF construction project.
       The conference agreement provides $2,500,000 from within 
     available funds to transfer the Petawatt Laser from Lawrence 
     Livermore National Laboratory to the University of Nevada-
     Reno, as proposed by the Senate.
       National Ignition Facility.--The conference agreement 
     provides $199,100,000 for continued construction of the 
     National Ignition Facility (NIF). The conferees have included 
     a directed reduction of $25,000,000 in the Weapons Activities 
     account which is to be applied to programs under the 
     direction of the Lawrence Livermore National Laboratory.
       The conferees have included statutory language providing 
     that only $130,000,000 shall be made available for NIF at the 
     beginning of fiscal year 2001 and the remaining $69,100,000 
     shall be available only upon a certification after March 31, 
     2001, by the Administrator of the National Nuclear Security 
     Administration that several requirements have been met. These 
     requirements include:
       A. A recommendation on an appropriate path forward for the 
     project based on a detailed review of alternative 
     construction options that would (1) focus on first achieving 
     operation of a 48 or 96 beam laser; (2) allow for the full 
     demonstration of a such a system in support of the stockpile 
     stewardship program before proceeding with construction and 
     operation of a larger laser complex; and (3) include a 
     program and funding plan for the possible future upgrade to a 
     full NIF configuration. The recommendation should include 
     identification of available ``off-ramps'' and decision points 
     where the project could be scaled to a smaller system.
       B. Certification that project and scientific milestones as 
     established in the revised construction project data sheet 
     for the fourth quarter of fiscal year 2000 and the first two 
     quarters of fiscal year 2001 have been met on schedule and on 
     cost.
       C. Certification that the first and second quarter project 
     reviews in fiscal year 2001 determined the project to be on 
     schedule and

[[Page H8379]]

     cost and have provided further validation to the proposed 
     path forward.
       D. Completion of a study that includes conclusions as to 
     whether the full-scale NIF is required in order to maintain 
     the safety and reliability of the current nuclear weapons 
     stockpile, and whether alternatives to the NIF could achieve 
     the objective of maintaining the safety and reliability of 
     the current nuclear weapons stockpile.
       E. Certification that the NIF project has implemented an 
     integrated cost-schedule earned-value project control system 
     by March 1, 2001.
       F. A five-year budget plan for the stockpile stewardship 
     program that fully describes how the NNSA intends to pay for 
     NIF over the out years and what the potential for other 
     impacts on the stockpile stewardship program will be.
       The conferees remain concerned about the Department's 
     proposed budget increase and schedule delay for the NIF at 
     the Lawrence Livermore National Laboratory (LLNL). The 
     conferees believe that previously the Department of Energy, 
     and most recently the National Nuclear Security 
     Administration (NNSA), may have failed to examine adequately 
     options for NIF that have fewer than the full 192 beams. For 
     example, a preferred course for NIF may be to complete 48 or 
     96 beams as soon as possible (although block procurement of 
     infrastructure and glass may be considered), bring the 
     reduced NIF into operation, perform the necessary scientific 
     and technical tests to evaluate whether a full NIF will work 
     and its impact on stockpile stewardship, and then develop a 
     path forward for NIF that balances its scientific importance 
     within the overall needs of the stockpile stewardship 
     program. To move on this path in fiscal year 2001, the 
     conferees recommend that $199,100,000 be appropriated for NIF 
     as follows: $74,100,000 as originally proposed for Project 
     96-D-111, $40,000,000 from NIF operations funding within the 
     budget request for LLNL, $25,000,000 to be identified within 
     the budget request at LLNL, plus an additional $60,000,000 in 
     new appropriations.
       Furthermore, the conferees direct the Administration to 
     prepare a budget request for fiscal year 2002 that fully 
     reflects a balanced set of programs and investments within 
     the stockpile stewardship program, and that the overall 
     budget profile over the next eight years will accommodate a 
     $3.4 billion NIF along with the other critical aspects of the 
     program.
       Defense computing and modeling.--The conference agreement 
     provides $786,175,000 for defense computing modeling and the 
     Accelerated Strategic Computing Initiative in the budget 
     structure proposed by the House. The recommendation is 
     $10,000,000 less than the budget request, and the reduction 
     should be taken against lower priority activities.
       Tritium.--A total of $167,000,000 is provided for continued 
     research and development on a new source of tritium. Funding 
     of $15,000,000 has been provided for design only activities 
     in Project 98-D-126, Accelerator Production of Tritium.
       Readiness in technical base and facilities.--The conference 
     agreement includes several funding adjustments transferring 
     funds from this program to individual campaigns.
       For operations of facilities, $137,300,000 has been 
     transferred to the inertial fusion program. An additional 
     $36,000,000 has been provided to the production plants for 
     replacement of critical infrastructure and equipment as 
     follows: $12,000,000 for the Kansas City Plant; $12,000,000 
     for the Pantex Plant; $10,000,000 for the Y-12 Plant; and 
     $2,000,000 for the Savannah River Plant.
       Additional funding of $10,000,000 has been provided for the 
     operation of pulsed power facilities; $20,000,000 for 
     microsystems and microelectronics activities at the Sandia 
     National Laboratory; $7,000,000 for a replacement CMR 
     facility at Los Alamos National Laboratory; and $3,100,000 to 
     fund the transition period for the new contractor at the 
     Pantex Plant in Texas.
       For program readiness, the conference agreement transfers 
     $7,400,000 to the inertial fusion program and adds $6,100,000 
     for the TA-18 relocation.
       For nuclear weapons incident response, a new program 
     established in readiness technical base and facilities, the 
     conference agreement provides $56,289,000. Funding of 
     $44,205,000 for the nuclear emergency search team and 
     $12,084,000 for the accident response group was transferred 
     from the emergency management program in the Other Defense 
     Activities account.
       Special projects are supported at the budget request of 
     $48,297,000. Additional funds have not been provided for 
     AMTEX. From within available funds, $1,000,000 has been 
     provided to support a program in partnership with university 
     systems to meet the needs of the NNSA.
       For materials recycling, the conference agreement provides 
     an additional $8,000,000 to maintain restart schedules for 
     hydrogen fluoride and wet chemistry operations at the Y-12 
     Plant.
       For containers, the conference agreement provides an 
     additional $4,000,000 to support the effort to repackage pits 
     which is currently behind schedule at the Pantex Plant due to 
     operational problems.
       Funding for advanced simulation and computing has been 
     transferred to the defense computing and modeling campaign.
       The conference agreement does not provide additional 
     funding to process uranium-233 as proposed by the Senate, but 
     the conferees expect the Department to act expeditiously to 
     process this material in a manner that would retain and make 
     available isotopes for beneficial use. The Department should 
     provide to the House and Senate Committees a report on the 
     status of this project by March 1, 2001.
       Construction projects.--The conference agreement provides 
     $35,500,000 for preliminary project engineering and design. 
     Funding of $20,000,000 is provided for design and supporting 
     infrastructure upgrades for the Microsystems and Engineering 
     Sciences Applications facility at Sandia National Laboratory; 
     $5,000,000 for proof of concept and completion of facility 
     operational capability for the Atlas pulsed power machine at 
     the Nevada Test Site; and $1,000,000 for initiation of design 
     activities for the relocation of the TA-18 nuclear materials 
     handling facility at Los Alamos National Laboratory.
       Safeguards and security.--Consistent with the Department's 
     amended budget request for safeguards and security, the 
     conference agreement includes $377,596,000 for safeguards and 
     security activities at laboratories and facilities managed by 
     the Office of Defense Programs. This is offset by a reduction 
     of $310,796,000 to be allocated among the various programs 
     which budgeted for safeguards and security costs in their 
     overhead accounts.
       Program direction.--The conference agreement provides 
     $224,071,000 for program direction as proposed by the Senate.
       Funding adjustments.--The conference agreement includes the 
     use of $13,647,000 in prior year balances and a reduction of 
     $310,796,000 that reflects the allocation of safeguards and 
     security costs in accordance with the Department's amended 
     budget request. In addition, the conference agreement 
     includes a general reduction of $35,700,000 of which 
     $25,000,000 is to be taken against programs at Lawrence 
     Livermore National Laboratory.


                    DEFENSE NUCLEAR NONPROLIFERATION

       The conference agreement provides $874,196,000 for Defense 
     Nuclear Nonproliferation instead of $861,477,000 as proposed 
     by the House and $908,967,000 as proposed by the Senate. 
     Statutory language proposed by the House limiting the funds 
     availability to two years has not been included by the 
     conferees. Statutory language proposed by the Senate to 
     earmark funding for the Incorporated Research Institutions 
     for Seismology has not been included. The conferees have 
     provided a total of $53,000,000 for the long-term Russian 
     initiative within this account.
       Limitation on Russian and Newly Independent States' (NIS) 
     program funds.--The conferees are concerned about the amount 
     of funding for Russian and NIS programs which remains in the 
     United States for Department of Energy contractors and 
     laboratories rather than going to the facilities in Russia 
     and the NIS. The conferees direct that not more than the 
     following percentages of funding may be spent in the United 
     States in fiscal year 2001 for these programs: Materials 
     Protection, Control and Accounting, 43%; International 
     Proliferation Prevention Program, 40%; Nuclear Cities 
     Initiative, 49%; Russian Plutonium Disposition, 38%; and 
     International Nuclear Safety, 78%.
       The conferees expect the Department to continue to increase 
     the level of funding which is provided to Russia versus the 
     funding which remains in the United States for Department of 
     Energy contractors and laboratories in each subsequent year. 
     The Department is to provide a report to the Committees by 
     January 31, 2001, and each subsequent year on the amount of 
     funding provided to Russia and NIS in each program area. The 
     Department should work with the Committees on the specific 
     information to be included in the report.
       Nonproliferation and verification research and 
     development.--The conference agreement provides $252,990,000 
     for nonproliferation and verification research and 
     development. Funding of $17,000,000 has been provided for the 
     nonproliferation and international security center (NISC) at 
     Los Alamos National Laboratory, and $1,000,000 for the 
     Incorporated Research Institutions for Seismology PASSCAL 
     Instrument Center.
       Concerns have been raised repeatedly that there should be 
     more opportunity for open competition in certain areas of the 
     nonproliferation and verification research and development 
     program. A recent report by an outside group established by 
     the Department to review the Office of Nonproliferation 
     Research and Engineering included a similar recommendation. 
     The report stated that, ``There should be greater opportunity 
     for the wider U.S. scientific and technical community to 
     contribute to the success of the NN-20 portfolio. This can be 
     done through open competition administered by DOE 
     Headquarters and through partnerships chosen and managed by 
     the DOE national laboratories.'' * * * ``Areas that come to 
     mind as candidates for open competition include seismic 
     verification technologies for very low yield underground 
     nuclear tests and chemical and biological agent detection and 
     identification technologies. Other possible areas might be 
     specialized electronic chip development and certain radio-
     frequency technologies.''
       The conferees expect the Department to act in good faith on 
     the recommendations provided by the external review group, 
     and direct the Department to initiate a free and open 
     competitive process for 25 percent of its research and 
     development activities during fiscal year 2001 for ground-
     based systems treaty monitoring. The competitive process 
     should be open to all Federal and non-Federal entities.

[[Page H8380]]

       The conferees direct the Department to report to the 
     Committees on Appropriations on the status of implementing 
     the external review panel's recommendations and the results 
     of the directed open competition by March 30, 2001.
       Arms control.--The conference agreement provides 
     $152,014,000 for arms control activities including 
     $24,500,000 for the Initiatives for Proliferation Prevention 
     and $27,500,000 for the Nuclear Cities Initiative. In 
     addition to the $10,000,000 added to the Nuclear Cities 
     Initiative, the conferees have provided another $19,000,000 
     for the long-term Russian initiative in the arms control 
     program to be distributed as follows: $15,000,000 for spent 
     fuel dry storage; $500,000 for the plutonium registry at 
     Mayak; $2,500,000 for geologic repository cooperation 
     research and planning; and $1,000,000 for research reactor 
     spent fuel acceptance.
       International materials protection, control and accounting 
     (MPC&A).--The conference agreement includes $173,856,000 for 
     the MPC&A program including $24,000,000 for the long-term 
     Russian initiative. The conferees have provided $5,000,000 
     for plutonium storage at Mayak and $19,000,000 for expanded 
     MPC&A activities at Russian naval sites.
       HEU transparency implementation.--The conference agreement 
     provides $15,190,000, the same as the budget request.
       International nuclear safety.--The conference agreement 
     provides $20,000,000, the same as the budget request, for the 
     international nuclear safety program. This funding is to be 
     used only for activities in support of completing the 
     upgrades to Soviet-designed nuclear reactors. From within 
     available funds, the conference agreement provides $1,000,000 
     for a cooperative effort between the United States and Russia 
     to address intergranular stress corrosion cracking and 
     restore the structural integrity of Russian nuclear plants 
     until decommissioning.
       Fissile materials disposition.--The conference agreement 
     provides $249,449,000 for fissile materials disposition. 
     Funding of $139,517,000, as proposed by the House, has been 
     provided for the U.S. surplus materials disposition program. 
     The conference agreement provides $26,000,000 for Project 99-
     D-143, the MOX fuel fabrication facility.
       Program direction.--The conference agreement provides 
     $51,468,000 for the program direction account as proposed by 
     the House. The conferees are aware that the Department does 
     not have enough qualified Federal employees available to 
     manage the nonproliferation and national security programs, 
     particularly the Russian programs. The conferees will 
     favorably consider a reprogramming of funds from program 
     areas to the program direction account as Federal employees 
     are hired to replace the contractor employees who currently 
     oversee these programs.
       Funding adjustment.--The conference agreement includes a 
     reduction of $40,245,000 that reflects the transfer of 
     safeguards and security costs in accordance with the 
     Department's amended budget request.


                             NAVAL REACTORS

       The conference agreement provides $690,163,000 for Naval 
     Reactors instead of $694,600,000 as proposed by the Senate 
     and $677,600,000 as proposed by the House. Additional funding 
     of $17,000,000 is provided to optimize the program to 
     shutdown prototype reactors and complete all major 
     inactivation work by fiscal year 2002.
       Funding adjustment.--The conference agreement includes a 
     reduction of $4,437,000 that reflects the transfer of 
     safeguards and security costs in accordance with the 
     Department's amended budget request.


                      OFFICE OF THE ADMINISTRATOR

       The conference agreement provides $10,000,000 for this new 
     account as proposed by the Senate. These funds are provided 
     to the Administrator of the National Nuclear Security 
     Administration for the costs associated with hiring new 
     employees and establishing the office.

                    Other Defense Related Activities


         DEFENSE ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT

       The conference agreement provides $4,974,476,000 for 
     Defense Environmental Restoration and Waste Management 
     instead of $4,522,707,000 as proposed by the House and 
     $4,635,763,000 as proposed by the Senate. Additional funding 
     of $1,082,714,000 is contained in the Defense Facilities 
     Closure Projects account and $65,000,000 in the Defense 
     Environmental Management Privatization account for a total of 
     $6,122,190,000 provided for all defense environmental 
     management activities.
       The conference agreement does not include statutory 
     language proposed by the House pertaining to the use of funds 
     for the Waste Isolation Pilot Plant or language proposed by 
     the Senate earmarking funds for programs to be managed by the 
     Carlsbad office of the Department of Energy.
       The conference agreement limits the number of motor 
     vehicles that can be purchased in fiscal year 2001 to not 
     more than 30 for replacement only. The conferees have 
     included an additional reporting requirement on the entire 
     Department and have specified that sport utility vehicles are 
     to be counted within this ceiling.
       National monument designation.--The conferees agree that no 
     funds spent by the Department for the coordination, 
     integration, or implementation of a management plan related 
     to the Hanford Reach National Monument shall result in the 
     reduction or delay of cleanup at the Hanford site.
       Site/Project Completion.--The conference agreement provides 
     an additional $11,000,000 for F and H-area stabilization 
     activities at the Savannah River Site in South Carolina as 
     proposed by the House, and $19,000,000 to address funding 
     shortfalls at the Hanford site in Richland, Washington, as 
     proposed by the Senate. Funding of $12,308,000 has been 
     transferred to other accounts as proposed by the House.
       The conference agreement supports the budget request of 
     $2,500,000 for the cooperative agreement with WERC and 
     provides $25,000 for an independent evaluation of the mixed-
     waste landfill at Sandia National Laboratories in New Mexico.
       For construction, the conference agreement provides 
     $17,300,000 for Project 01-D-414, preliminary project 
     engineering and design (PE&D). Project 01-D-415, 235-F 
     packaging and stabilization, at the Savannah River Site has 
     been funded at $4,000,000. Funding of $500,000 requested for 
     Project 01-D-402, INTEC cathodic protection system expansion 
     project, at Idaho Falls has been transferred to the new PE&D 
     project. Funding of $27,932,000 for the Highly Enriched Blend 
     Down Facility has been transferred to the fissile materials 
     disposition program.
       Post 2006 Completion.--The conference agreement includes an 
     additional $10,000,000 to maintain schedules required by 
     revised compliance agreements with the State of Washington as 
     proposed by the Senate, and $6,000,000 to support transuranic 
     and low-level waste activities at the Savannah River Site in 
     South Carolina as proposed by the House. Funding of 
     $10,000,000 for the Four Mile Branch project and $18,000,000 
     for the Consolidated Incinerator Facility at the Savannah 
     River Site has not been provided as proposed by the House. 
     Funding of $18,692,000 has been transferred to the Science 
     and Technology program.
       The conference agreement provides $400,000 to begin design 
     activities for a subsurface geosciences laboratory at Idaho.
       From within available funds for the Waste Isolation Pilot 
     Plant, $1,000,000 has been provided for a transparency 
     demonstration project.
       A total of $3,000,000 has been provided to support a 
     program with the United States-Mexico Border Health 
     Commission to demonstrate technologies to reduce hazardous 
     waste streams and to support the Materials Corridor 
     Partnership Initiative.
       Funding of $1,300,000 for Project 01-D-403, immobilized 
     high level waste interim storage facility, at Richland, 
     Washington, has been transferred to the PE&D project in site/
     project completion account.
       Office of River Protection.--The conference agreement 
     provides $757,839,000 for the Office of River Protection at 
     the Hanford site in Washington. The conference agreement 
     provides $377,000,000 for Project 01-D-416, Tank Waste 
     Remediation System, at Richland, Washington, to vitrify the 
     high-level waste in underground tanks. Funding to vitrify 
     waste at the Hanford site was requested in the Defense 
     Environmental Management Privatization account in fiscal year 
     2001. However, due to the failure of the contractor to 
     provide a viable cost estimate under the concept of a 
     ``privatized'' contract, the contract will now be structured 
     as a cost plus incentive fee contract and will be funded in 
     the regular appropriation account.
       Science and technology development.--The conference 
     agreement provides $256,898,000 for the science and 
     technology development program. Funding of $21,000,000 has 
     been transferred to this account for the Idaho validation and 
     verification program. This transfer is not intended to reduce 
     the environmental management base program in Idaho. The 
     Department is directed to provide $10,000,000 for the next 
     round of new and innovative research grants in the 
     environmental management science program in fiscal year 2001, 
     and $10,000,000 for technology deployment activities.
       The conference agreement provides $4,000,000 for the 
     international agreement with AEA Technology; $4,500,000 for 
     the Diagnostic Instrumentation and Analysis Laboratory; 
     $4,350,000 for the university robotics research program; an 
     additional $1,000,000 for the D&D focus area; and up to 
     $4,000,000 to continue evaluation, development and 
     demonstration of the Advanced Vitrification System upon 
     successful completion of supplemental testing. The conferees 
     have provided $2,000,000 to the National Energy Technology 
     Laboratory to be used for the continuation of the Mid-
     Atlantic Recycling Center for End-of-Life Electronics 
     initiative (MARCEE) in cooperation with the Polymer Alliance 
     Zone.
       The conference agreement includes $4,000,000 for the long-
     term stewardship program to be administered at Headquarters 
     and $4,000,000 for the Idaho National Engineering and 
     Environmental Laboratory. No funds are provided for the low 
     dose radiation effects program, as the entire Senate 
     recommended amount is provided within the Office of Science.
       Safeguards and security.--Consistent with the Department's 
     amended budget request for safeguards and security, the 
     conference agreement includes $203,748,000 for safeguards and 
     security activities at laboratories and facilities managed by 
     the Office of Defense Programs. This is offset by a reduction 
     of $193,217,000 to be allocated among the various programs 
     which budgeted for safeguards and security costs in their 
     overhead accounts.
       Program direction.--The conferees have provided 
     $363,988,000 for the program direction account. This funding 
     level reflects the transfer of the uranium programs from the 
     office of nuclear energy to the office of environmental 
     management. Funding of

[[Page H8381]]

     $4,100,000 has been provided to allow for the transfer of up 
     to 5 employees from Headquarters and 25 employees at Oak 
     Ridge who manage the uranium programs.
       Funding adjustments.--The conference agreement includes the 
     use of $34,317,000 of prior year balances and $50,000,000 in 
     pension refunds, the same as the budget request. The 
     conference agreement includes a reduction of $193,217,000 
     that reflects the allocation of safeguards and security costs 
     in accordance with the Department's amended budget request. A 
     general reduction of $10,700,000 has also been included.


                  DEFENSE FACILITIES CLOSURE PROJECTS

       The conference agreement appropriates $1,082,714,000 the 
     same as the amended budget request. The conferees expect the 
     Department to request adequate funds to keep each of these 
     projects on a schedule for closure by 2006 or earlier.
       Any savings resulting from safeguards and security costs 
     are to be retained and used for cleanup activities at the 
     closure sites.


             DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION

       The conference agreement provides $65,000,000 for the 
     defense environmental management privatization program 
     instead of $259,000,000 as proposed by the House and 
     $324,000,000 as proposed by the Senate. The conference 
     agreement provides no funds for the Tank Waste Remediation 
     System (TWRS) project at Hanford. Funding for this project, 
     which had previously been considered as a privatization 
     contract, has been transferred to the Defense Environmental 
     Restoration and Waste Management appropriation account.
       The conference agreement also includes a rescission of 
     $97,000,000 of funds previously appropriated for the TWRS 
     project in the Defense Environmental Management Privatization 
     appropriation account.

                        Other Defense Activities

       The conference agreement appropriates $585,755,000 for 
     Other Defense Activities instead of $592,235,000 as proposed 
     by the House and $579,463,000 as proposed by the Senate. 
     Details of the conference agreement are provided below.


                   Security and Emergency Operations

       For nuclear safeguards and security, the conference 
     agreement provides $116,409,000 as proposed by the House. The 
     conferees have provided $3,000,000 for the critical 
     infrastructure protection program, an increase of $600,000 
     over fiscal year 2000. The conference agreement also provides 
     $2,000,000 to procure safety locks to meet Federal 
     specifications.
       The conference agreement provides $33,000,000 for security 
     investigations, the same as the budget request.
       The conference agreement includes $33,711,000 for emergency 
     management. Funding of $3,600,000 was transferred to the 
     program direction account to reflect the conversion of 
     contractor employees to Federal employees at a substantial 
     cost savings. Funding of $44,205,000 for the nuclear 
     emergency search team and $12,084,000 for the accident 
     response group was transferred to the Weapons Activities 
     account.
       Program direction.--The conference agreement provides 
     $92,967,000 for the program direction account as proposed by 
     the House. This reflects the transfer of $3,600,000 from the 
     emergency management program.


                              Intelligence

       The conference agreement includes $38,059,000 as proposed 
     by the House and the Senate to support the Department's 
     intelligence program.


                          Counterintelligence

       The conference agreement includes $45,200,000 as proposed 
     by the House and the Senate to support the Department's 
     counterintelligence program.


                   Advanced Accelerator Applications

       The conference agreement provides $34,000,000 to establish 
     a new program for advanced accelerator applications, 
     including $3,000,000 for research and development of 
     technologies for economic and environmentally sound 
     refinement of spent nuclear fuel at the University of Nevada-
     Las Vegas.
       The Department is directed to prepare a program plan for 
     managing and executing this program using the extensive 
     expertise of the Office of Science and the Office of Defense 
     Programs in accelerator research, design, and applications, 
     and the expertise of the Office of Nuclear Energy in 
     transmutation of nuclear waste. This program plan should be 
     submitted to the Committees by March 1, 2001.
       The conferees make no recommendation as to how the 
     Department should manage the advanced accelerator application 
     program.


            Independent Oversight and Performance Assurance

       The conference agreement provides $14,937,000, the same as 
     the budget request for the office of independent oversight 
     and performance assurance.


                Environment, Safety and Health (Defense)

       The conference agreement provides $125,567,000 for defense-
     related environment, safety and health activities. The 
     conferees have provided $3,000,000 to establish a program at 
     the University of Nevada-Las Vegas for Department-wide 
     management of electronic records; $1,750,000 for the 
     University of Louisville and the University of Kentucky to 
     undertake epidemiological studies of workers; $880,000 to 
     provide medical screening for workers employed at the 
     Amchitka nuclear weapons test site; and $500,000 for the 
     State of Nevada to address deficiencies in the Cancer 
     Registry, Vital Statistics, and Birth Defects Registry 
     activities.
       The conference agreement includes $17,000,000 for the 
     Department's administrative costs associated with the 
     proposed Energy Employees Compensation Initiative. These 
     funds are not available until the program is authorized by 
     law.


                    Worker and Community Transition

       The conference agreement provides $24,500,000 for the 
     worker and community transition program, including $2,100,000 
     for infrastructure improvements at the former Pinellas plant. 
     The conferees expect that communities denied funds in fiscal 
     year 2000 will be granted priority status in fiscal year 
     2001.
       The conference agreement provides that no funds may be used 
     to augment the $24,500,000 made available for obligation for 
     severance payments and other benefits and community 
     assistance grants unless the Department of Energy submits a 
     reprogramming request subject to approval by the appropriate 
     Congressional committees.


           National Security Programs Administrative Support

       The conference agreement provides $25,000,000 for national 
     security programs administrative support instead of 
     $51,000,000 as proposed by the House and no funding as 
     proposed by the Senate.


                     Office of Hearings And Appeals

       The conference agreement provides $3,000,000 as proposed by 
     the House and the Senate.


                          Funding Adjustments

       A reduction of $595,000 and the elimination of the 
     $20,000,000 offset to user organizations for security 
     investigations reflects the allocation of the safeguards and 
     security amended budget request.


                     DEFENSE NUCLEAR WASTE DISPOSAL

       The conference agreement provides $200,000,000 as proposed 
     by the House instead of $292,000,000 as proposed by the 
     Senate.

                    Power Marketing Administrations


                    BONNEVILLE POWER ADMINISTRATION

       The conferees have included the statutory language 
     extending Bonneville's voluntary separation incentive program 
     until January 1, 2003.
       During fiscal year 2001, Bonneville plans to pay the 
     Treasury $620,000,000 of which $163,000,000 is to repay 
     principal on the Federal investment in these facilities.


                   SOUTHEASTERN POWER ADMINISTRATION

       The conference agreement includes $3,900,000, the same as 
     the budget request, for the Southeastern Power 
     Administration.


                   SOUTHWESTERN POWER ADMINISTRATION

       The conference agreement includes $28,100,000, the same as 
     the budget request, for the Southwestern Power 
     Administration.


                   WESTERN AREA POWER ADMINISTRATION

       The conference agreement provides $165,830,000, instead of 
     $164,916,000 as proposed by the Senate and $160,930,000 as 
     proposed by the House. The conference agreement increases the 
     amount of purchase power and wheeling to $65,224,000 and 
     increases offsetting collections by the same amount. Funding 
     of $5,950,000 is provided for the Utah Reclamation Mitigation 
     and Conservation Account.


                        FALCON AND AMISTAD FUND

       The conference agreement includes $2,670,000, the same as 
     the budget request, for the Falcon and Amistad Operating and 
     Maintenance Fund.

                  Federal Energy Regulatory Commission

       The conference agreement includes $175,200,000, the same as 
     the budget request for the Federal Energy Regulatory 
     Commission.


                              RESCISSIONS

                     Defense Nuclear Waste Disposal

       The conference agreement includes language rescinding 
     $75,000,000 from funds previously appropriated for interim 
     waste storage activities for Defense Nuclear Waste Disposal 
     in Public Law 104-46, the fiscal year 1996 Energy and Water 
     Development Appropriations Act.


             Defense Environmental Management Privatization

       The conference agreement includes language rescinding 
     $97,000,000 from the Defense Environmental Management 
     Privatization account. Funds were appropriated in this 
     account in prior years for the Hanford Tank Waste Remediation 
     System Project. This project is no longer being considered 
     for a privatization contract. It has been transferred to the 
     Defense Environmental Restoration and Waste Management 
     appropriation account and will be funded there in future 
     appropriation acts.

                           GENERAL PROVISIONS

                          Department of Energy

       Sec. 301. The conference agreement includes a provision 
     proposed by the House that none of the funds may be used to 
     award a management and operating contract unless such 
     contract is awarded using competitive procedures, or the 
     Secretary of Energy grants a waiver to allow for such a 
     deviation. Section 301 does not preclude extension of a 
     contract awarded using competitive procedures.
       Sec. 302. The conference agreement includes a provision 
     proposed by the House and Senate that none of the funds may 
     be used to prepare or implement workforce restructuring plans 
     or provide enhanced severance

[[Page H8382]]

     payments and other benefits and community assistance grants 
     for Federal employees of the Department of Energy under 
     section 3161 of the National Defense Authorization Act of 
     Fiscal Year 1993, Public Law 102-484.
       Sec. 303. The conference agreement modifies a provision 
     proposed by the House that none of the funds may be used to 
     augment the $24,500,000 made available for obligation for 
     severance payments and other benefits and community 
     assistance grants unless the Department of Energy submits a 
     reprogramming request subject to approval by the appropriate 
     Congressional committees.
       Sec. 304. The conference agreement includes a provision 
     proposed by the House and Senate that none of the funds may 
     be used to prepare or initiate Requests for Proposals for a 
     program if the program has not been funded by Congress in the 
     current fiscal year. This provision precludes the Department 
     from initiating activities for new programs which have been 
     proposed in the budget request, but which have not yet been 
     funded by Congress.
       Sec. 305. The conference agreement includes a provision 
     proposed by the House and Senate that permits the transfer 
     and merger of unexpended balances of prior appropriations 
     with appropriation accounts established in this bill.
       Sec. 306. The conference agreement includes language 
     providing that not to exceed 6 percent of funds shall be 
     available for Laboratory Directed Research and Development.
       Sec. 307. The conference agreement includes language 
     limiting to $185,000,000 the funds available for 
     reimbursement of management and operating contractor travel 
     expenses. Of the $185,000,000, $175,000,000 is available for 
     contractor travel and $10,000,000 is to be held in reserve by 
     the Department's Chief Financial Officer for emergency travel 
     requirements. The language also requires the Department of 
     Energy to reimburse contractors for travel consistent with 
     regulations applicable to Federal employees and specifies 
     that the travel ceiling does not apply to travel funded from 
     Laboratory Directed Research and Development funds.
       Sec. 308. The conference agreement includes language 
     prohibiting the Bonneville Power Administration from 
     performing energy efficiency services outside the legally 
     defined Bonneville service territory.
       Sec. 309. The conference agreement includes language 
     limiting the types of waste that can be disposed of in the 
     Waste Isolation Pilot Plant in New Mexico. None of the funds 
     may be used to dispose of transuranic waste in excess of 20 
     percent plutonium by weight for the aggregate of any material 
     category. At the Rocky Flats site, this provision includes 
     ash residues; salt residues; wet residues; direct repackage 
     residues; and scrub alloy as referenced in the ``Final 
     Environmental Impact Statement on Management of Certain 
     Plutonium Residues and Scrub Alloy Stored at the Rocky Flats 
     Environmental Technology Site''.
       Sec. 310. The conference agreement includes language 
     allowing the Administrator of the National Nuclear Security 
     Administration to authorize certain nuclear weapons 
     production plants to use not more than 2 percent of available 
     funds for research, development and demonstration activities.
       Sec. 311. The conference agreement includes language 
     allowing each Federal power marketing administration to 
     engage in activities relating to the formation and operation 
     of a regional transmission organization.
       Sec. 312. The conference agreement includes language that 
     would permit the Secretary of Energy to use $10,000,000 of 
     funds previously appropriated for interim waste storage 
     activities for Defense Nuclear Waste Disposal upon receipt of 
     written certification that the site recommendation report 
     cannot be completed on time without additional funding.
       Sec. 313. The conference agreement includes language 
     proposed by the Senate that would provide a three year term 
     of office for the first person appointed to the position of 
     the Under Secretary of Nuclear Security of the Department of 
     Energy.
       Sec. 314. The conference agreement includes language 
     proposed by the Senate limiting the authority of the 
     Secretary of Energy to modify the organization of the 
     National Nuclear Security Administration.
       Sec. 315. The conference agreement includes language 
     proposed by the Senate prohibiting the pay of personnel 
     engaged in concurrent service or duties inside and outside 
     the National Nuclear Security Administration.
       Report on impacts of limits on on-site storage.--The 
     conference agreement does not include statutory language 
     proposed by the Senate, but the conferees direct that not 
     later than 90 days after enactment of the fiscal year 2001 
     Energy and Water Development Appropriations Act, the 
     Secretary of Energy shall submit to Congress a report 
     containing a description of all alternatives that are 
     available to the Northern States Power Company and the 
     Federal government to allow the company to continue to 
     operate the Prairie Island nuclear generating plant until the 
     end of the term of the license issued to the company by the 
     Nuclear Regulatory Commission, in view of a law of the State 
     of Minnesota that limits the quantity of spent nuclear fuel 
     that may be stored at the plant, assuming that the existing 
     Federal and State laws remain unchanged.
       Report on electricity prices.--The conferees note that 
     California is currently experiencing an energy crisis. 
     Wholesale electricity prices have soared, resulting in 
     electrical bills that have increased by as much as 300 
     percent in the San Diego area. Conferees understand that the 
     staff of the Federal Energy Regulatory Commission is 
     currently investigating the crisis. The Commission is 
     directed to submit to Congress a report on the results of the 
     investigation no later than December 1, 2000. The report 
     shall include identification of the causes of the San Diego 
     price increases, a determination whether California wholesale 
     electricity markets are competitive, a recommendation whether 
     a regional price cap should be set in the Western States, a 
     determination whether manipulation of prices has occurred at 
     the wholesale level, and a determination of remedies, 
     including legislation or regulations, that are necessary to 
     correct the problem and prevent similar incidents in 
     California and elsewhere in the United States.
       Provisions not adopted by the conferees.--The conference 
     agreement deletes language proposed by the House and Senate 
     prohibiting the use of funds for contracts modified in a 
     manner that deviates from the Federal Acquisition Regulation.
       The conference agreement deletes language proposed by the 
     Senate allowing the Secretary of Energy to enter into 
     multiyear contracts without obligating the estimated costs.
       The conference agreement deletes language proposed by the 
     Senate requiring the Department of Energy's laboratories to 
     provide an annual funding plan to the Department.
       The conference agreement deletes language proposed by the 
     House prohibiting the payment of Federal salaries in the 
     working capital fund.
       The conference agreement deletes language proposed by the 
     Senate prohibiting the expenditure of funds to establish or 
     maintain independent centers at Department of Energy 
     laboratories or facilities. The conference agreement includes 
     report language requiring the Department to identify these 
     centers in the budget request.
       The conference agreement deletes language proposed by the 
     House requiring a report on activities of the executive 
     branch to address high gasoline prices and develop an overall 
     national energy strategy.
       The conference agreement deletes language proposed by the 
     Senate prohibiting the expenditure of funds to restart the 
     High Flux Beam Reactor.
       The conference agreement deletes language proposed by the 
     Senate limiting the inclusion of costs of protecting fish and 
     wildlife within the rates charged by the Bonneville Power 
     Administration.
       The conference agreement deletes language proposed by the 
     Senate limiting the cost of construction of the National 
     Ignition Facility.
       The conference agreement deletes language proposed by the 
     Senate requiring an evaluation of innovative technologies for 
     demilitarization of weapons components and treatment of 
     hazardous waste.
       The conference agreement deletes language proposed by the 
     Senate requiring a report on national energy policy.
       The conference agreement deletes language proposed by the 
     Senate noting concern with the House provision on limiting 
     funds for worker and community transition. The conference 
     agreement deletes language proposed by the Senate requiring a 
     report on the impact of State-imposed limits on spent nuclear 
     fuel storage. This requirement has been included in report 
     language.
       The conference agreement deletes language proposed by the 
     Senate limiting the use of funds to promote or advertise 
     public tours at Yucca Mountain. This requirement has been 
     included in report language.

                       Conference Recommendations

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

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[[Page H8403]]

                                TITLE IV

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

       The conference agreement includes $66,400,000 for the 
     Appalachian Regional Commission as proposed by the Senate 
     instead of $63,000,000 as proposed by the House.

                Defense Nuclear Facilities Safety Board

       The conference agreement includes $18,500,000 for the 
     Defense Nuclear Facilities Safety Board as proposed by the 
     Senate instead of $17,000,000 as proposed by the House.

                        Delta Regional Authority

       The conference agreement includes $20,000,000 for the Delta 
     Regional Authority as proposed by the Senate.

                           Denali Commission

       The conference agreement includes $30,000,000 for the 
     Denali Commission as proposed by the Senate.

                     Nuclear Regulatory Commission


                         salaries and expenses

       The conference agreement includes $481,900,000 as proposed 
     by the House and the Senate, to be offset by revenues of 
     $447,958,000, for a net appropriation of $33,942,000. This 
     reflects the statutory language adopted by the conference to 
     reduce the revenues collected in fiscal year 2001 by 2 
     percent.


                      office of inspector general

       The conference agreement includes $5,500,000 as proposed by 
     the House and the Senate, to be offset by revenues of 
     $5,390,000, for a net appropriation of $110,000. This 
     reflects the statutory language adopted by the conference to 
     reduce the revenues collected in fiscal year 2001 by 2 
     percent.

                  Nuclear Waste Technical Review Board

       The conference agreement provides $2,900,000 instead of 
     $2,700,000 as proposed by House and $3,000,000 as proposed by 
     the Senate.

                           GENERAL PROVISIONS

       The conference agreement deletes language proposed by the 
     Senate establishing a Presidential Energy Commission.

                                TITLE V

               FISCAL YEAR 2001 EMERGENCY APPROPRIATIONS

                          DEPARTMENT OF ENERGY

                    Atomic Energy Defense Activities


                      cerro grande fire activities

       The conference agreement includes an emergency 
     appropriation of $203,460,000 as proposed by the Senate for 
     Cerro Grande Fire Activities at the Los Alamos National 
     Laboratory in New Mexico.
       The recommendation includes $46,860,000 for repair and risk 
     mitigation associated with physical damage and destruction; 
     $25,400,000 for restoring services; $18,000,000 for emergency 
     response; and $15,000,000 for resuming laboratory operations.
       In addition, funding is provided for the following 
     construction projects: $6,100,000 for Project 97-D-102, Dual-
     Axis Radiographic Hydrotest Facility (DAHRT); $25,000,000 for 
     Project 01-D-701, Site-wide Fire Alarm System Replacement; 
     $20,000,000 for Project 01-D-702, Emergency Operations Center 
     Replacement and Relocation; $29,100,000 for Project 01-D-703, 
     TA-54 Waste Management Mitigation; $10,000,000 for Project 
     01-D-704, Office Building Replacement Program for Vulnerable 
     Facilities; and $8,000,000 for Project 01-D-705, Multi-
     channel Communications System. The Department is directed to 
     include construction project data sheets for these projects 
     in the fiscal year 2002 budget request.

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

       The conference agreement includes an emergency 
     appropriation of $11,000,000 for the Appalachian Regional 
     Commission.

                                TITLE VI

                           GENERAL PROVISIONS

       Sec. 601. The conference agreement includes language 
     directing that none of the funds in this Act or any prior 
     appropriations Act may be used in any way, directly or 
     indirectly, to influence congressional action on any 
     legislation or appropriation matters pending before Congress, 
     other than to communicate to Members of Congress as described 
     in section 1913 of title 18, United States Code.
       Sec. 602. The conference agreement includes language 
     regarding the purchase of American-made equipment and 
     products, and prohibiting contracts with persons falsely 
     labeling products as made in America.
       Sec. 603. The conference agreement includes language 
     providing that no funds may be used to determine the final 
     point of discharge for the interceptor drain for the San Luis 
     Unit of the Central Valley Project until certain conditions 
     are met. The language also provides that the costs of the 
     Kesterson Reservoir Cleanup Program and the San Joaquin 
     Valley Drainage Program shall be classified as reimbursable 
     or non-reimbursable by the Secretary of the Interior and that 
     any future obligation of funds for drainage service or 
     drainage studies for the San Luis Unit shall be fully 
     reimbursable by San Luis Unit beneficiaries pursuant to 
     Reclamation law.
       Sec. 604. The conference agreement includes language 
     proposed by the Senate limiting the use of funds to propose 
     or issue rules, regulations, decrees, or orders for the 
     purpose of implementing the Kyoto Protocol. The conferees do 
     not concur with the report language proposed by the House.
       Sec. 605. The conference agreement includes language 
     prohibiting the use of funds to pay an individual who 
     simultaneously holds positions within the National Nuclear 
     Security Administration and the Department of Energy.
       Sec. 606. The conference agreement includes language 
     extending the Coastal Wetlands Planning, Protection and 
     Restoration Act.
       Sec. 607. The conference agreement includes language 
     redesignating the Interstate Sanitation Commission as the 
     Interstate Environmental Commission.
       Provisions not adopted--The conference agreement deletes 
     language proposed by the House amending the Energy Policy and 
     Conservation Act.
       The conference agreement deletes language proposed by the 
     House limiting the use of funds to pay salaries of employees 
     of the Department of Energy who refused to take polygraph 
     examinations.
       The conference agreement deletes language proposed by the 
     Senate repealing sections of Public Law 106-246.
       The conference agreement deletes language proposed by the 
     Senate requiring the Tennessee Valley Authority to complete 
     an environmental impact statement before proceeding with the 
     sale of mineral rights.
       The conference agreement deletes language proposed by the 
     Senate requiring a report to Congress on electricity prices. 
     This requirement has been included in report language.

                               TITLE VII

                       DEPARTMENT OF THE TREASURY

                       Bureau of the Public Debt


      gifts to the united states for reduction of the public debt

       The conference agreement includes language providing funds 
     to reduce the public debt.

                               TITLE VIII

                     Nuclear Regulatory Commission

       The conference agreement includes language extending the 
     Nuclear Regulatory Commission's (NRC) authority to assess 
     license and annual fees through fiscal year 2005. This 
     extension is necessary to provide the resources needed to 
     fund the activities of the Commission. The conferees have 
     also provided authority to reduce the fee recovery 
     requirement from 100 percent to 98 percent in fiscal year 
     2001, and further decrease the fee incrementally until the 
     fee recovery requirement is reduced to 90 percent in 2005. 
     This will address fairness and equity concerns relating to 
     charging NRC licensees for agency expenses which do not 
     provide a direct benefit to them.

                   Conference Total--With Comparisons

       The total new budget (obligational) authority for the 
     fiscal year 2001 recommended by the Committee of Conference, 
     with comparisons to the fiscal year 2000 amount, the 2001 
     budget estimates, and the House and Senate bills for 2001 
     follow:

                       (In thousands of dollars)

New budget (obligational) authority, fiscal year 2000.......$21,647,047
Budget estimates of new (obligational) authority, fiscal year23,146,559
House bill, fiscal year 2001.................................22,204,000
Senate bill, fiscal year 2001................................23,131,901
Conference agreement, fiscal year 2001.......................24,066,880
Conference agreement compared with:
  New budget (obligational) authority, fiscal year 2000......+2,419,833
  Budget estimates of new (obligational) authority, fiscal year+920,321
  House bill, fiscal year 2001...............................+1,862,880
  Senate bill, fiscal year 2001................................+934,979

     Ron Packard,
     Harold Rogers,
     Joe Knollenberg,
     Rodney P. Frelinghuysen,
     Sonny Callahan,
     Tom Latham,
     Roger F. Wicker,
     C.W. Bill Young,
     Peter Visclosky,
     Chet Edwards,
     Ed Pastor,
     Michael P. Forbes
                                Managers on the Part of the House.

     Pete V. Domenici,
     Thad Cochran,
     Slade Gorton,
     Mitch McConnell,
     Robert F. Bennett,
     Conrad Burns,
     Larry E. Craig,
     Ted Stevens,
     Harry Reid,
     Robert C. Byrd,
     Ernest F. Hollings,
     Patty Murray,
     Herb Kohl,
     Daniel Inouye
     Managers on the Part of the Senate.

                          ____________________