[Congressional Record Volume 147, Number 147 (Tuesday, October 30, 2001)]
[House]
[Pages H7418-H7512]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  2320
     CONFERENCE REPORT ON H.R. 2311, ENERGY AND WATER DEVELOPMENT 
                        APPROPRIATIONS ACT, 2002

  Mr. CALLAHAN submitted the following conference report and statement 
on the bill (H.R. 2311) making appropriations for energy and water 
development for the fiscal year ending September 30, 2002, and for 
other purposes:

                  Conference Report (H. Rept. 107-258)

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

                                TITLE I

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

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

                         General Investigations

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

                         Construction, General

       For the prosecution of river and harbor, flood control, 
     shore protection, and related projects authorized by laws; 
     and detailed studies, and plans and specifications, of 
     projects (including those for development with participation 
     or under consideration for participation by States, local 
     governments, or private groups) authorized or made eligible 
     for selection by law (but such studies shall not constitute a 
     commitment of the Government to construction), 
     $1,715,951,000, to remain available until expended, of which 
     such sums as are necessary for the Federal share of 
     construction costs for facilities under the Dredged Material 
     Disposal Facilities program shall be derived from the Harbor 
     Maintenance Trust Fund, as authorized by Public Law 104-303; 
     and of which such sums as are necessary pursuant to Public 
     Law 99-662 shall be derived from the Inland Waterways Trust 
     Fund, for one-half of the costs of construction and 
     rehabilitation of inland waterways projects, including 
     rehabilitation costs for the Lock and Dam 11, Mississippi 
     River, Iowa; Lock and Dam 12, Mississippi River, Iowa; Lock 
     and Dam 24, Mississippi River, Illinois and Missouri; Lock 
     and Dam 3, Mississippi River, Minnesota; and London Locks and 
     Dam, Kanawha River, West Virginia, projects; and of which 
     funds are provided for the following projects in the amounts 
     specified:
       San Timoteo Creek (Santa Ana River Mainstem), California, 
     $8,000,000;
       Indianapolis Central Waterfront, Indiana, $9,000,000;
       Southern and Eastern Kentucky, Kentucky, $4,000,000;
       Clover Fork, City of Cumberland, Town of Martin, Pike 
     County (including Levisa Fork and Tug Fork Tributaries), Bell 
     County, Floyd County, Martin County, and Harlan County, 
     Kentucky, elements of the Levisa and Tug Forks of the Big 
     Sandy River and Upper Cumberland River, Kentucky, 
     $15,450,000; and
       Lower Mingo County (Kermit), Upper Mingo County (including 
     County Tributaries), Wayne County, and McDowell County, West 
     Virginia, elements of the Levisa and Tug Forks of the Big 
     Sandy River and Upper Cumberland River project, $5,900,000:
     Provided, That using $1,000,000 of the funds appropriated 
     herein, the Secretary of the Army, acting through the Chief 
     of Engineers, is directed to modify the Carr Creek Lake, 
     Kentucky, project at full Federal expense to provide 
     additional water supply storage for the Upper Kentucky River 
     Basin: Provided further, That with $1,200,000 of the funds 
     appropriated herein, the Secretary of the Army, acting 
     through the Chief of Engineers, is directed to undertake 
     design deficiency repairs to the Bois Brule Drainage and 
     Levee District, Missouri, project, authorized and constructed 
     under the authority of the Flood Control Act of 1936 with 
     cost sharing consistent with the original project 
     authorization: Provided further, That in accordance with 
     section 332 of the Water Resources Development Act of 1999, 
     the Secretary of the Army is directed to increase the 
     authorized level of protection of the Bois Brule Drainage and 
     Levee District, Missouri, project from 50 years to 100 years 
     using $700,000 of the funds appropriated herein, and the 
     project costs allocated to the incremental increase in the 
     level of protection shall be cost shared consistent with 
     section 103(a) of the Water Resources Development Act of 
     1986, notwithstanding section 202(a) of the Water Resources 
     Development Act of 1996: Provided further, That using 
     $200,000 of the funds provided herein, the Secretary of the 
     Army, acting through the Chief of Engineers, is directed to 
     conduct, at full Federal expense, technical studies of 
     individual ditch systems identified by the State of Hawaii, 
     and to assist the State in diversification by helping to 
     define the cost of repairing and maintaining selected ditch 
     systems: Provided further, That the Secretary of the Army, 
     acting through the Chief of Engineers, is directed to use 
     $1,300,000 of the funds appropriated herein to continue 
     construction of the navigation project at Kaumalapau Harbor, 
     Hawaii: Provided further, That with $800,000 of the funds 
     provided herein, the Secretary of the Army, acting through 
     the Chief of Engineers, is directed to continue preparation 
     of a General Reevaluation Report of the Oak Island, Caswell 
     Beach, and Holden Beach segments of the Brunswick County 
     Beaches project in North Carolina: Provided further, That the 
     Secretary of the Army, acting through the Chief of Engineers, 
     is directed to use $500,000 to undertake the Bowie County 
     Levee Project, which is defined as Alternative B Local 
     Sponsor Option, in the Corps of Engineers document entitled 
     Bowie County Local Flood Protection, Red River, Texas, 
     Project Design Memorandum No. 1, Bowie County Levee, dated 
     April 1997: Provided further, That the Secretary of the Army 
     is directed to use $4,000,000 of the funds provided herein 
     for the Dam Safety and Seepage/Stability Correction Program 
     to continue construction of seepage control features at 
     Waterbury Dam, Vermont: Provided further, That the 
     Secretary of the Army, acting through the Chief of 
     Engineers, using up to $200,000 of the funds provided 
     herein, is directed to complete the Aloha-Rigolette, 
     Louisiana, project at full Federal expense: Provided 
     further, That using $500,000 of the funds provided herein, 
     the Secretary of the Army, acting through the Chief of 
     Engineers, is directed to proceed with the Shoalwater Bay 
     Shoreline, Washington, project: Provided further, That all 
     studies for the Shoalwater Bay Shoreline project shall be 
     cost shared in the same proportion as the construction 
     implementation costs: Provided further, That using 
     $2,500,000 of the funds provided herein, the Secretary of 
     the Army, acting through the Chief of Engineers, is 
     directed to proceed with a final design and initiate 
     construction for the repair and replacement of the 
     Jicarilla Municipal Water System in the town of Dulce, New 
     Mexico: Provided further, That using $750,000 of the funds 
     provided herein, the Secretary of the Army, acting through 
     the Chief of Engineers, is directed to proceed with the 
     Missouri river Restoration Project and that erosion 
     control measures implemented shall be primarily through 
     nonstructural

[[Page H7419]]

     means such as planting of native vegetation, buffer 
     strips, conservation easements, setbacks, and agricultural 
     best management practices: Provided further, That with 
     $10,000,000 of the funds provided herein, the Secretary of 
     the Army, acting through the Chief of Engineers, is 
     directed to construct the Dallas Floodway Extension, 
     Texas, project, including the Cadillac Heights feature, 
     generally in accordance with the Chief of Engineers report 
     dated December 7, 1999: Provided further, That the 
     deadline for the report required under section 154(g) of 
     Public Law 106-554 is extended to December 31, 2002: 
     Provided further, That the Secretary of the Army, acting 
     through the Chief of Engineers, is directed to use 
     unexpended funds appropriated in Public Law 105-62, under 
     the heading Construction, General for Salyersville, 
     Kentucky, to construct additional recreation improvements 
     at the Buckhorn Lake, Kentucky, project: Provided further, 
     That using $1,000,000 of the funds provided herein, the 
     Secretary of the Army, acting through the Chief of 
     Engineers, is directed to initiate construction on the 
     Seward Harbor, Alaska, project in accordance with the 
     Report of the Chief of Engineers dated June 8, 1999 and 
     the economic justification contained therein: Provided 
     further, That the Secretary of the Army, acting through 
     the Chief of Engineers, is directed to use up to $900,000 
     of funds previously appropriated to reimburse the City of 
     Venice, Florida, for the costs incurred by the City prior 
     to October 1998 for work accomplished by the City related 
     to the relocation of the stormwater outfalls and the 
     construction of the artificial reef that comprises an 
     integral part of the project for beach nourishment, in 
     Sarasota County, Florida: Provided further, That the 
     Secretary of the Army, acting through the Chief of 
     Engineers, is directed to use funds appropriated herein, 
     for emergency bank stabilization measures at Lakeshore 
     Park in Knoxville, Tennessee: Provided further, That the 
     Secretary of the Army, acting through the Chief of 
     Engineers, is directed to continue the Dickenson County 
     Detailed Project Report as generally defined in Plan 4 of 
     the Huntington District Engineer's Draft Supplement to the 
     Section 202 General Plan for Flood Damage Reduction dated 
     April 1997, including all Russell Fork tributary streams 
     within the County and special considerations as may be 
     appropriate to address the unique relocations and 
     resettlement needs for the flood prone communities within 
     the County: Provided further, That, with respect to the 
     environmental infrastructure project in Lebanon, New 
     Hampshire, for which funds are made available under this 
     heading, the non-Federal interest shall receive credit 
     toward the non-Federal share of the cost of the project 
     for work performed before the date of execution of the 
     project cooperation agreement, if the Secretary determines 
     the work is integral to the project: Provided further, 
     That, for the Raritan River Basin, Green Brook Sub-Basin, 
     New Jersey, project, the Secretary of the Army, acting 
     through the Chief of Engineers, is directed to implement 
     the locally preferred plan for the element in the western 
     portion of Middlesex Borough, New Jersey, which includes 
     the buyout of up to 22 homes, the flood proofing of four 
     commercial buildings along Prospect Place and Union 
     Avenue, and the buyout of up to three commercial buildings 
     along Raritan and Lincoln Avenues, at a total estimated 
     cost of $15,000,000, with an estimated Federal cost of 
     $11,500,000 and an estimated non-Federal cost of 
     $3,500,000.

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

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

                   Operation and Maintenance, General

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

                 Flood Control and Coastal Emergencies


                              (RESCISSION)

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

                           Regulatory Program

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

            Formerly Utilized Sites Remedial Action Program

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

                            General Expenses

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

                       Administrative Provisions

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

[[Page H7420]]

                           GENERAL PROVISIONS

                       Corps of Engineers--Civil

       Sec. 101. (a) Conveyance Authorized.--The Secretary of the 
     Army shall convey to the Blue Township Fire District, Blue 
     Township, Kansas, by quitclaim deed and without 
     consideration, all right, title, and interest of the United 
     States in and to a parcel of land consisting of approximately 
     4.35 acres located in Pottawatomie County, Tuttle Creek Lake, 
     Kansas.
       (b) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under 
     subsection (a) shall be determined by a survey satisfactory 
     to the Secretary.
       (c) Reversion.--If the Secretary determines that the 
     property conveyed under subsection (a) ceases to be held in 
     public ownership or to be used as a site for a fire station, 
     all right, title, and interest in and to the property shall 
     revert to the United States, at the option of the United 
     States.
       Sec. 102. For those shore protection projects funded in 
     this Act which have Project Cooperation Agreements in place, 
     the Secretary of the Army is directed to proceed with those 
     projects in accordance with the cost sharing specified in the 
     Project Cooperation Agreement: Provided, That the Secretary 
     of the Army shall not accept or solicit non-Federal voluntary 
     contributions for shore protection work in excess of the 
     minimum requirements established by law; except that, when 
     voluntary contributions are tendered by a non-Federal sponsor 
     for the prosecution of work outside the authorized scope of 
     the Federal project at full non-Federal expense, the 
     Secretary is authorized to accept said contributions.
       Sec. 103. Agreements proposed for execution by the 
     Assistant Secretary of the Army for Civil Works or the United 
     States Army Corps of Engineers after the date of the 
     enactment of this Act pursuant to section 4 of the Rivers and 
     Harbor Act of 1915, Public Law 64-291; section 11 of the 
     River and Harbor Act of 1925, Public Law 68-585; the Civil 
     Functions Appropriations Act, 1936, Public Law 75-208; 
     section 215 of the Flood Control Act of 1968, as amended, 
     Public Law 90-483; sections 104, 203, and 204 of the Water 
     Resources Development Act of 1986, as amended, Public Law 
     99-662; section 206 of the Water Resources Development Act 
     of 1992, as amended, Public Law 102-580; section 211 of 
     the Water Resources Development Act of 1996, Public Law 
     104-303; and any other specific project authority, shall 
     be limited to credits and reimbursements per project not 
     to exceed $10,000,000 in each fiscal year, and total 
     credits and reimbursements for all applicable projects not 
     to exceed $50,000,000 in each fiscal year.
       Sec. 104. St. Georges Bridge, Delaware. None of the funds 
     made available in this Act may be used to carry out any 
     activity relating to closure or removal of the St. Georges 
     Bridge across the Intracoastal Waterway, Delaware River to 
     Chesapeake Bay, Delaware and Maryland, including a hearing or 
     any other activity relating to preparation of an 
     environmental impact statement concerning the closure or 
     removal.
       Sec. 105. The non-Federal interest shall receive credit 
     towards the lands, easements, relocations, rights-of-way, and 
     disposal areas required for the Lava Hot Springs restoration 
     project in Idaho, and acquired by the non-Federal interest 
     before execution of the project cooperation agreement: 
     Provided, That the Secretary shall provide credit for work 
     only if the Secretary determines such work to be integral to 
     the project.
       Sec. 106. Guadalupe River, California. The project for 
     flood control, Guadalupe River, California, authorized by 
     section 401 of the Water Resources Development Act of 1986, 
     and the Energy and Water Development Appropriation Acts of 
     1990 and 1992, is modified to authorize the Secretary to 
     construct the project substantially in accordance with the 
     General Reevaluation and Environmental Report for Proposed 
     Project Modifications, dated February 2001, at a total cost 
     of $226,800,000, with an estimated Federal cost of 
     $128,700,000, and estimated non-Federal cost of $98,100,000.
       Sec. 107. Designation of Nonnavigability for Portions of 
     Gloucester County, New Jersey. (a) Designation.--
       (1) In general.--The Secretary of the Army (referred to in 
     section as the ``Secretary'') shall designate as nonnavigable 
     the areas described in paragraph (3) unless the Secretary, 
     after consultation with local and regional public officials 
     (including local and regional planning organizations), makes 
     a determination that 1 or more projects proposed to be 
     carried out in 1 or more areas described in paragraph (2) are 
     not in the public interest.
       (2) Description of areas.--The areas referred to in 
     paragraph (1) are certain parcels of property situated in the 
     West Deptford Township, Gloucester County, New Jersey, as 
     depicted on Tax Assessment Map #26, Block #328, Lots #1, 
     1.03, 1.08, and 1.09, more fully described as follows:
       (A) Beginning at the point in the easterly line of Church 
     Street (49.50 feet wide), said beginning point being the 
     following 2 courses from the intersection of the centerline 
     of Church Street with the curved northerly right-of-way line 
     of Pennsylvania-Reading Seashore Lines Railroad (66.00 feet 
     wide)--
       (i) along said centerline of Church Street N. 11 deg.28'50" 
     E. 38.56 feet; thence
       (ii) along the same N. 61 deg.28'35" E. 32.31 feet to the 
     point of beginning.
       (B) Said beginning point also being the end of the 
     thirteenth course and from said beginning point runs; thence, 
     along the aformentioned Easterly line of Church Street--
       (i) N. 11 deg.28'50" E. 1052.14 feet; thence
       (ii) crossing Church Street, N. 34 deg.19'51" W. 1590.16 
     feet; thence
       (iii) N. 27 deg.56'37" W. 3674.36 feet; thence
       (iv) N. 35 deg.33'54" W. 975.59 feet; thence
       (v) N. 57 deg.04'39" W. 481.04 feet; thence
       (vi) N. 36 deg.22'55" W. 870.00 feet to a point in the 
     Pierhead and Bulkhead Line along the Southeasterly shore of 
     the Delaware River; thence
       (vii) along the same line N. 53 deg.37'05" E. 1256.19 feet; 
     thence
       (viii) still along the same, N. 86 deg.10'29" E. 1692.61 
     feet; thence, still along the same the following thirteenth 
     courses
       (ix) S. 67 deg.44'20" E. 1090.00 feet to a point in the 
     Pierhead and Bulkhead Line along the Southwesterly shore of 
     Woodbury Creek; thence
       (x) S. 39 deg.44'20'' E. 507.10 feet; thence
       (xi) S. 31 deg.01'38'' E. 1062.95 feet; thence
       (xii) S. 34 deg.34'20'' E. 475.00 feet; thence
       (xiii) S. 32 deg.20'28'' E. 254.18 feet; thence
       (xiv) S. 52 deg.55'49'' E. 964.95 feet; thence
       (xv) S. 56 deg.24'40'' E. 366.60 feet; thence
       (xvi) S. 80 deg.31'50'' E. 100.51 feet; thence
       (xvii) N. 75 deg.30'00'' E. 120.00 feet; thence
       (xviii) N. 53 deg.09'00'' E. 486.50 feet; thence
       (xix) N. 81 deg.18'00'' E. 132.00 feet; thence
       (xx) S. 56 deg.35'00'' E. 115.11 feet; thence
       (xxi) S. 42 deg.00'00'' E. 271.00 feet; thence
       (xxii) S. 48 deg.30'00'' E. 287.13 feet to a point in the 
     Northwesterly line of Grove Avenue (59.75 feet wide); thence
       (xxiii) S. 23 deg.09'50'' W. 4120.49 feet; thence
       (xxiv) N. 66 deg.50'10'' W. 251.78 feet; thence
       (xxv) S. 36 deg.05'20'' E. 228.64 feet; thence
       (xxvi) S. 58 deg.53'00'' W. 1158.36 feet to a point in the 
     Southwesterly line of said River Lane; thence
       (xxvii) S. 41 deg.31'35'' E. 113.50 feet; thence
       (xxviii) S. 61 deg.28'35'' W. 863.52 feet to the point of 
     beginning.
       (C)(i) Except as provided in clause (ii), beginning at a 
     point in the centerline of Church Street (49.50 feet wide) 
     where the same is intersected by the curved northerly line of 
     Pennsylvania-Reading Seashore Lines Railroad right-of-way 
     (66.00 feet wide), along that Railroad, on a curve to the 
     left, having a radius of 1465.69 feet, an arc distance of 
     1132.14 feet--
       (I) N. 88 deg.45'47'' W. 1104.21 feet; thence
       (II) S. 69 deg.06'30'' W. 1758.95 feet; thence
       (III) N. 23 deg.04'43'' W. 600.19 feet; thence
       (IV) N. 19 deg.15'32'' W. 3004.57 feet; thence
       (V) N. 44 deg.52'41'' W. 897.74 feet; thence
       (VI) N. 32 deg.26'05'' W. 2765.99 feet to a point in the 
     Pierhead and Bulkhead Line along the Southeasterly shore of 
     the Delaware River; thence
       (VII) N. 53 deg.37'05'' E. 2770.00 feet; thence
       (VIII) S. 36 deg.22'55'' E. 870.00 feet; thence
       (IX) S. 57 deg.04'39'' E. 481.04 feet; thence
       (X) S. 35 deg.33'54'' E. 975.59 feet; thence
       (XI) S. 27 deg.56'37'' E. 3674.36 feet; thence
       (XII) crossing Church Street, S. 34 deg.19'51'' E. 1590.16 
     feet to a point in the easterly line of Church Street; thence
       (XIII) S. 11 deg.28'50'' W. 1052.14 feet; thence
       (XIV) S. 61 deg.28'35'' W. 32.31 feet; thence
       (XV) S. 11 deg.28'50'' W. 38.56 feet to the point of 
     beginning.
       (ii) The parcel described in clause (i) does not include 
     the parcel beginning at the point in the centerline of Church 
     Street (49.50 feet wide), that point being N. 11 deg.28'50'' 
     E. 796.36 feet, measured along the centerline, from its 
     intersection with the curved northerly right-of-way line of 
     Pennsylvania-Reading Seashore Lines Railroad (66.00 feet 
     wide)--
       (I) N. 78 deg.27'40'' W. 118.47 feet; thence
       (II) N. 15 deg.48'40'' W. 120.51 feet; thence
       (III) N. 77 deg.53'00'' E 189.58 feet to a point in the 
     centerline of Church Street; thence
       (IV) S. 11 deg.28'50'' W. 183.10 feet to the point of 
     beginning.
       (b) Limits on Applicability; Regulatory Requirements.--
       (1) In general.--The designation under subsection (a)(1) 
     shall apply to those parts of the areas described in 
     subsection (a) that are or will be bulkheaded and filled or 
     otherwise occupied by permanent structures, including marina 
     facilities.
       (2) Applicable law.--All activities described in paragraph 
     (1) shall be subject to all applicable Federal law, 
     including--
       (A) the Act of March 3, 1899 (30 Stat. 1121, chapter 425);
       (B) section 404 of the Federal Water Pollution Control Act 
     (33 U.S.C. 1344); and
       (C) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.).
       (c) Termination of Designation.--If, on the date that is 20 
     years after the date of enactment of this Act, any area or 
     portion of an area described in subsection (a)(3) is not 
     bulkheaded, filled, or otherwise occupied by permanent 
     structures (including marina facilities) in accordance with 
     subsection (b), or if work in connection with any activity 
     authorized under subsection (b) is not commenced by the date 
     that is 5 years after the date on which permits for the work 
     are issued, the designation of nonnavigability under 
     subsection (a)(1) for that area or portion of an area shall 
     terminate.
       Sec. 108. Nome Harbor Technical Corrections. Section 
     101(a)(1) of Public Law 106-53 (the Water Resources 
     Development Act of 1999) is amended by--
       (1) striking ``$25,651,000'' and inserting in its place 
     ``$39,000,000''; and
       (2) striking ``$20,192,000'' and inserting in its place 
     ``$33,541,000''.
       Sec. 109. Section 211 of the Water Resources Development 
     Act of 2000, Public Law 106-541, is amended by adding the 
     following language at the end of subsection (d):
       ``(e) Engineering Research and Development Center.--The 
     Engineering Research and Development Center is exempt from 
     the requirements of this section.''.
       Sec. 110. Section 514(g) of the Water Resources Development 
     Act of 1999, Public Law 106-53, is amended by striking 
     ``fiscal years 2000 and 2001'' and inserting in lieu thereof 
     ``fiscal years 2000 through 2002''.

[[Page H7421]]

       Sec. 111. The Secretary of the Army, acting through the 
     Chief of Engineers, is directed to modify the pump station 
     intake structure and discharge line to preclude ice from 
     interfering with pump operations at Fort Fairfield, Maine, 
     flood control project: Provided, That all design and 
     construction costs associated with the modifications of the 
     Fort Fairfield, Maine, project shall be at Federal expense.
       Sec. 112. Cerrillos Dam, Puerto Rico. The Secretary of the 
     Army shall reassess the allocation of Federal and non-Federal 
     costs for construction of the Cerrillos Dam, carried out as 
     part of the project for flood control, Portugues and Bucana 
     Rivers, Puerto Rico.
       Sec. 113. Study of Corps Capability to Conserve Fish and 
     Wildlife. Section 704(b) of the Water Resources Development 
     Act of 1986 (33 U.S.C. 2263(b)) is amended--
       (1) by redesignating paragraphs (1), (2), (3), and (4) as 
     subparagraphs (A), (B), (C), and (D), respectively;
       (2) by striking ``(b) The Secretary'' and inserting the 
     following:
       ``(b) Projects.--
       ``(1) In general.--The Secretary''; and
       (3) by striking ``The non-Federal share of the cost of any 
     project under this section shall be 25 percent.'' and 
     inserting the following:
       ``(2) Cost sharing.--
       ``(A) In general.--The non-Federal share of the cost of any 
     project under this subsection shall be 25 percent.
       ``(B) Form.--The non-Federal share may be provided through 
     in-kind services, including the provision by the non-Federal 
     interest of shell stock material that is determined by the 
     Chief of Engineers to be suitable for use in carrying out the 
     project.
       ``(C) Applicability.--The non-Federal interest shall be 
     credited with the value of in-kind services provided on or 
     after October 1, 2000, for a project described in paragraph 
     (1) completed on or after that date, if the Secretary 
     determines that the work is integral to the project.''.
       Sec. 114. The flood control project for the Ramapo River at 
     Oakland, New Jersey, authorized by section 401(a) of the 
     Water Resources Development Act of 1986, Public Law 99-662, 
     as amended by section 301(a)(9) of the Water Resources 
     Development Act of 1996, Public Law 104-33, is modified to 
     authorize the Secretary of the Army, acting through the Chief 
     of Engineers, to construct the project at a total cost of 
     $18,000,000, with an estimated Federal cost of $13,500,000 
     and an estimated non-Federal cost of $4,500,000 less any 
     credits allowed under applicable laws.
       Sec. 115. Except for the historic scheduled maintenance 
     dredging in the Delaware River, none of the funds 
     appropriated in this Act shall be used to operate the dredge 
     McFARLAND other than for urgent dredging, emergencies and in 
     support of national defense.
       Sec. 116. The Secretary may not expend funds to accelerate 
     the schedule to finalize the Record of Decision for the 
     revision of the Missouri River Master Water Control Manual 
     and any associated changes to the Missouri River Annual 
     Operating Plan. During consideration of revisions to the 
     manual in fiscal year 2002, the Secretary may consider and 
     propose alternatives for achieving species recovery other 
     than the alternatives specifically prescribed by the United 
     States Fish and Wildlife Service in the biological opinion of 
     the Service. The Secretary shall consider the views of other 
     Federal agencies, non-Federal agencies, and individuals to 
     ensure that other congressionally authorized purposes are 
     maintained.

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project


                central utah project completion account

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

                         Bureau of Reclamation

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


                      water and related resources

                     (including transfer of funds)

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


               bureau of reclamation loan program account

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


                central valley project restoration fund

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


                       policy and administration

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


                        administrative provision

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

                           GENERAL PROVISIONS

                       DEPARTMENT OF THE INTERIOR

       Sec. 201. In order to increase opportunities for Indian 
     tribes to develop, manage, and protect their water resources, 
     the Secretary of the Interior, acting through the 
     Commissioner of the Bureau of Reclamation, is authorized to 
     enter into grants and cooperative agreements with any Indian 
     tribe, institution of higher education, national Indian 
     organization, or tribal organization pursuant to 31 U.S.C. 
     6301-6308. Nothing in this Act is intended to modify or limit 
     the provisions of the Indian Self Determination Act (25 
     U.S.C. 45 et seq.).
       Sec. 202. San Gabriel Basin, California. (a) Administration 
     of Restoration Fund.--Section 110(a)(2) of the Miscellaneous 
     Appropriations Act, 2001 (as enacted into law by section 
     1(a)(4) of Public Law 106-554) is amended by striking ``the 
     Secretary of the Army'' and inserting ``the Secretary of the 
     Interior''.
       (b) Purposes of Restoration Fund.--Section 110(a)(3)(A) of 
     such Act is amended by striking clauses (i) and (ii) and 
     inserting the following:
       ``(i) to provide grants to the San Gabriel Basin Water 
     Quality Authority and the Central Basin Municipal Water 
     District to reimburse such agencies for the Federal share of 
     the costs associated with designing and constructing water 
     quality projects to be administered by such agencies; and
       ``(ii) to provide grants to reimburse the San Gabriel Basin 
     Water Quality Authority and the Central Basin Municipal Water 
     District for the Federal share of the costs required to 
     operate any project constructed under this section for a 
     period not to exceed 10 years, following the initial date of 
     operation of the project.''.
       (c) Cost-Sharing Limitation.--Section 110(a)(3)(B) of such 
     Act (114 Stat. 2763A-223) is amended by adding at the end the 
     following:
       ``(iii) Credits toward non-federal share.--For purposes of 
     clause (ii), the Secretary shall credit the San Gabriel Basin 
     Water Quality Authority with the value of all prior 
     expenditures by non-Federal interests made after February 11, 
     1993, that are compatible with the purposes of this section, 
     including--

[[Page H7422]]

       ``(I) all expenditures made by non-Federal interests to 
     design and construct water quality projects, including 
     expenditures associated with environmental analyses and 
     public involvement activities that were required to implement 
     the water quality projects in compliance with applicable 
     Federal and State laws; and
       ``(II) all expenditures made by non-Federal interests to 
     acquire lands, easements, rights-of-way, relocations, 
     disposal areas, and water rights that were required to 
     implement a water quality project.''.

       Sec. 203. The Secretary of the Interior is authorized and 
     directed to use not to exceed $1,000,000 of the funds 
     appropriated under title II to refund amounts received by the 
     United States as payments for charges assessed by the 
     Secretary prior to January 1, 1994 for failure to file 
     certain certification or reporting forms prior to the receipt 
     of irrigation water, pursuant to sections 206 and 224(c) of 
     the Reclamation Reform Act of 1982 (43 U.S.C. 390ff, 
     390ww(c)), including the amount of associated interest 
     assessed by the Secretary and paid to the United States 
     pursuant to section 224(i) of the Reclamation Reform Act of 
     1982 (43 U.S.C. 390ww(i)).
       Sec. 204. Lower Colorado River Basin Development Fund. (a) 
     In general.--Notwithstanding section 403(f) of the Colorado 
     River Basin Project Act (43 U.S.C. 1543(f)), no amount from 
     the Lower Colorado River Basin Development Fund shall be paid 
     to the general fund of the Treasury until each provision of 
     the Stipulation Regarding a Stay and for Ultimate Judgment 
     Upon the Satisfaction of Conditions, filed in United States 
     district court on May 3, 2000, in Central Arizona Water 
     Conservation District v. United States (No. CIV 95-625-TUC-
     WDB (EHC), No. CIV 95-1720-OHX-EHC (Consolidated Action)) is 
     met.
       (b) Payment to general fund.--If any of the provisions of 
     the stipulation referred to in subsection (a) are not met by 
     the date that is 3 years after the date of enactment of this 
     Act, payments to the general fund of the Treasury shall 
     resume in accordance with section 403(f) of the Colorado 
     River Basin Project Act (43 U.S.C. 1543(f)).
       (c) Authorization.--Amounts in the Lower Colorado River 
     Basin Development Fund that but for this section would be 
     returned to the general fund of the Treasury shall not be 
     expended until further Act of Congress.
       Sec. 205. (a) None of the funds appropriated or otherwise 
     made available by this Act may be used to determine the final 
     point of discharge for the interceptor drain for the San Luis 
     Unit until development by the Secretary of the Interior and 
     the State of California of a plan, which shall conform to the 
     water quality standards of the State of California as 
     approved by the Administrator of the Environmental Protection 
     Agency, to minimize any detrimental effect of the San Luis 
     drainage waters.
       (b) The costs of the Kesterson Reservoir Cleanup Program 
     and the costs of the San Joaquin Valley Drainage Program 
     shall be classified by the Secretary of the Interior as 
     reimbursable or nonreimbursable and collected until fully 
     repaid pursuant to the ``Cleanup Program--Alternative 
     Repayment Plan'' and the ``SJVDP--Alternative Repayment 
     Plan'' described in the report entitled ``Repayment Report, 
     Kesterson Reservoir Cleanup Program and San Joaquin Valley 
     Drainage Program, February 1995'', prepared by the Department 
     of the Interior, Bureau of Reclamation. Any future 
     obligations of funds by the United States relating to, or 
     providing for, drainage service or drainage studies for the 
     San Luis Unit shall be fully reimbursable by San Luis Unit 
     beneficiaries of such service or studies pursuant to Federal 
     reclamation law.
       Sec. 206. The Secretary of the Interior, in accepting 
     payments for the reimbursable expenses incurred for the 
     replacement, repair, and extraordinary maintenance with 
     regard to the Valve Rehabilitation Project at the Arrowrock 
     Dam on the Arrowrock Division of the Boise Project in Idaho, 
     shall recover no more than $6,900,000 of such expenses 
     according to the application of the current formula for 
     charging users for reimbursable operation and maintenance 
     expenses at Bureau of Reclamation facilities on the Boise 
     Project, and shall recover this portion of such expenses over 
     a period of 15 years.
       Sec. 207. None of the funds appropriated or otherwise made 
     available by this or any other Act may be used to pay the 
     salaries and expenses of personnel to purchase or lease water 
     in the Middle Rio Grande or the Carlsbad Projects in New 
     Mexico unless said purchase or lease is in compliance with 
     the purchase requirements of section 202 of Public Law 106-
     60.
       Sec. 208. None of the funds made available in this Act may 
     be used by the Bureau of Reclamation (either directly or by 
     making the funds available to an entity under a contract) for 
     the issuance of permits for, or any other activity related to 
     the management of, commercial rafting activities within the 
     Auburn State Recreation Area, California, until the 
     requirements of the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.) and the Federal Water Pollution 
     Control Act (33 U.S.C. 12151 et seq.) are met with respect to 
     such commercial rafting activities.
       Sec. 209. (a) Section 101(a)(6)(C) of the Water Resources 
     Development Act of 1999, Public Law 106-53, is amended to 
     read as follows:
       ``(C) Makeup of water shortages caused by flood control 
     operation.--
       ``(i) In general.--The Secretary of the Interior shall 
     enter into, or modify, such agreements with the Sacramento 
     Area Flood Control Agency regarding the operation of Folsom 
     Dam and Reservoir as may be necessary in order that, 
     notwithstanding any prior agreement or provision of law, 100 
     percent of the water needed to make up for any water shortage 
     caused by variable flood control operation during any year at 
     Folsom Dam, and resulting in a significant impact on 
     recreation at Folsom Reservoir shall be replaced, to the 
     extent the water is available for purchase, by the Secretary 
     of the Interior.
       ``(ii) Cost sharing.--Seventy-five percent of the costs of 
     the replacement water provided under clause (i) shall be paid 
     for on a non-reimbursable basis by the Secretary of the 
     Interior at Federal expense. The remaining 25 percent of such 
     costs shall be provided by the Sacramento Area Flood Control 
     Agency.
       ``(iii) Limitation.--To the extent that any funds in excess 
     of the non-Federal share are provided by the Sacramento Area 
     Flood Control Agency, the Secretary shall reimburse such non-
     Federal interests for such excess funds. Costs for 
     replacement water may not exceed 125 percent of the current 
     average market price for raw water, as determined by the 
     Secretary of the Interior.''.
       (b) Conforming Change.--Section 101(a)(1)(D)(ii) of the 
     Water Resources Development Act of 1996, Public Law 104-303, 
     is amended by striking ``during'' and all that follows 
     through ``thereafter''.

                               TITLE III

                          DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                             Energy Supply

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

                  Non-Defense Environmental Management

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

             Uranium Facilities Maintenance and Remediation

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

                                Science

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

                         Nuclear Waste Disposal

       For nuclear waste disposal activities to carry out the 
     purposes of Public Law 97-425, as amended, including the 
     acquisition of real property or facility construction or 
     expansion, $95,000,000, to remain available until expended 
     and to be derived from the Nuclear Waste Fund: Provided, That 
     not to exceed $2,500,000 shall be provided to the State of 
     Nevada solely for expenditures, other than salaries and 
     expenses of State employees, to conduct scientific oversight 
     responsibilities pursuant to the Nuclear Waste Policy Act of 
     1982, Public Law 97-425, as amended: Provided further, That 
     $6,000,000 shall be provided to affected units of local 
     governments, as defined in Public Law 97-425, to conduct 
     appropriate activities pursuant to the Act: Provided further, 
     That the distribution of the funds as determined by the units 
     of local government shall be approved by the Department of 
     Energy: Provided further, That the funds for the State of 
     Nevada shall be made available solely to the Nevada Division 
     of Emergency Management by direct payment and units of local 
     government by direct payment: Provided further, That within 
     90 days of the completion of each Federal fiscal year, the 
     Nevada Division of Emergency Management and the Governor of 
     the State of Nevada and each local entity shall provide 
     certification to the Department of Energy that all funds 
     expended from such payments have been expended for activities 
     authorized by Public Law 97-425 and this Act. Failure to 
     provide such certification shall cause such entity to be 
     prohibited from any further funding provided

[[Page H7423]]

     for similar activities: Provided further, That none of the 
     funds herein appropriated may be: (1) used directly or 
     indirectly to influence legislative action on any matter 
     pending before Congress or a State legislature or for 
     lobbying activity as provided in 18 U.S.C. 1913; (2) used for 
     litigation expenses; or (3) used to support multi-State 
     efforts or other coalition building activities inconsistent 
     with the restrictions contained in this Act: Provided 
     further, That all proceeds and recoveries realized by the 
     Secretary in carrying out activities authorized by the 
     Nuclear Waste Policy Act of 1982, Public Law 97-425, as 
     amended, including but not limited to, any proceeds from the 
     sale of assets, shall be available without further 
     appropriation and shall remain available until expended.

                      Departmental Administration


                     (including transfer of funds)

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

                    Office of the Inspector General

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

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                NATIONAL NUCLEAR SECURITY ADMINISTRATION

                           Weapons Activities

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

                    Defense Nuclear Nonproliferation

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

                             Naval Reactors

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

                      Office of the Administrator

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

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

         Defense Environmental Restoration and Waste Management

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

                  Defense Facilities Closure Projects

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

             Defense Environmental Management Privatization

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

                        Other Defense Activities

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

                     Defense Nuclear Waste Disposal

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

                    POWER MARKETING ADMINISTRATIONS

                  Bonneville Power Administration Fund

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

      Operation and Maintenance, Southeastern Power Administration

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

      Operation and Maintenance, Southwestern Power Administration

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

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

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

           Falcon and Amistad Operating and Maintenance Fund

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

                  Federal Energy Regulatory Commission


                         salaries and expenses

       For necessary expenses of the Federal Energy Regulatory 
     Commission to carry out the provisions of the Department of 
     Energy Organization Act (42 U.S.C. 7101 et seq.), including 
     services as authorized by 5 U.S.C. 3109, the hire of 
     passenger motor vehicles, and official reception and 
     representation expenses (not to exceed $3,000), $184,155,000, 
     to remain available until expended: Provided, That 
     notwithstanding any other provision of law, not to exceed 
     $184,155,000 of revenues from fees and annual charges, and 
     other services and collections in fiscal year 2002 shall be 
     retained and used for necessary expenses in

[[Page H7424]]

     this account, and shall remain available until expended: 
     Provided further, That the sum herein appropriated from the 
     General Fund shall be reduced as revenues are received during 
     fiscal year 2002 so as to result in a final fiscal year 2002 
     appropriation from the General Fund estimated at not more 
     than $0: Provided further, That the Commission is authorized 
     an additional 5 senior executive service positions.

                           GENERAL PROVISIONS

                          DEPARTMENT OF ENERGY

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


                   (transfers of unexpended balances)

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

                                TITLE IV

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

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

                Defense Nuclear Facilities Safety Board


                         Salaries and Expenses

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

                        Delta Regional Authority


                         Salaries and Expenses

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

                           Denali Commission

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

                     Nuclear Regulatory Commission


                         Salaries and Expenses

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

                      Office of Inspector General

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

                  Nuclear Waste Technical Review Board


                         Salaries and Expenses

       For necessary expenses of the Nuclear Waste Technical 
     Review Board, as authorized by Public Law 100-203, section 
     5051, $3,100,000, to be

[[Page H7425]]

     derived from the Nuclear Waste Fund, and to remain available 
     until expended.

                                TITLE V

                           GENERAL PROVISIONS

       Sec. 501. None of the funds appropriated by this Act may be 
     used in any way, directly or indirectly, to influence 
     congressional action on any legislation or appropriation 
     matters pending before Congress, other than to communicate to 
     Members of Congress as described in 18 U.S.C. 1913.
       Sec. 502. (a) Purchase of American-Made Equipment and 
     Products.--It is the sense of the Congress that, to the 
     greatest extent practicable, all equipment and products 
     purchased with funds made available in this Act should be 
     American-made.
        (b) Notice Requirement.--In providing financial assistance 
     to, or entering into any contract with, any entity using 
     funds made available in this Act, the head of each Federal 
     agency, to the greatest extent practicable, shall provide to 
     such entity a notice describing the statement made in 
     subsection (a) by the Congress.
        (c) Prohibition of Contracts With Persons Falsely Labeling 
     Products as Made in America.--If it has been finally 
     determined by a court or Federal agency that any person 
     intentionally affixed a label bearing a ``Made in America'' 
     inscription, or any inscription with the same meaning, to any 
     product sold in or shipped to the United States that is not 
     made in the United States, the person shall be ineligible to 
     receive any contract or subcontract made with funds made 
     available in this Act, pursuant to the debarment, suspension, 
     and ineligibility procedures described in sections 9.400 
     through 9.409 of title 48, Code of Federal Regulations.
       Sec. 503. The Secretary of the Army shall conduct and 
     submit to Congress a study that examines the known and 
     potential environmental effects of oil and gas drilling 
     activity in the Great Lakes (including effects on the 
     shorelines and water of the Great Lakes): Provided, That 
     during the fiscal years 2002 and 2003, no Federal or State 
     permit or lease shall be issued for new oil and gas slant, 
     directional, or offshore drilling in or under one or more of 
     the Great Lakes.
       This Act may be cited as the ``Energy and Water Development 
     Appropriations Act, 2002''.
       And the Senate agree to the same.

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

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

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

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

                              INTRODUCTION

                         Response to Terrorism

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

                                TITLE I

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

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


                         General Investigations

       The conference agreement appropriates $154,350,000 for 
     General Investigations instead of $163,260,000 as proposed by 
     the House and $152,402,000 as proposed by the Senate.
       The conferees have agreed to provide $350,000 for the Corps 
     of Engineers to initiate and complete a reconnaissance study 
     to evaluate environmental restoration, recreation, and 
     related purposes for the Middle Rio Grande, Bosque, New 
     Mexico. The conferees are aware of the unique nature of this 
     study and encourage the Corps of Engineers to establish a 
     regional inter-agency and inter-state steering committee to 
     leverage lessons learned from the Rio Salado, Phoenix and 
     Tempe Reaches, Arizona, and Tres Rio, Arizona, environmental 
     restoration projects as well as experience from within the 
     agency.
       The conference agreement includes $1,200,000 for the Upper 
     Trinity River Basin, Texas, project as proposed by the House 
     and the Senate. The additional amount provided will allow for 
     completion of the Dallas Floodway and Stemmons North 
     Industrial Corridor studies, for continuation of studies on 
     the Clear and West Forks of the Trinity River including the 
     evaluation of existing flood control improvements and the 
     identification of additional measures at their confluence 
     needed to protect the urban center of Fort Worth, and the Big 
     Fossil Creek Watershed, and for initiation of a new study.
       The conferees have provided $100,000 for the Corps of 
     Engineers to address the historic flooding problem at the 
     Sparks Arroyo Colonia in El Paso County, Texas.
       The conferees have provided $100,000 for the Nueces River 
     and Tributaries, Texas, project for a reconnaissance study of 
     recharge structures located on the Edwards Aquifer Recharge 
     Zone in the Nueces River Basin.
       Within the amount provided for Flood Plain Management 
     Services, $100,000 is to update a flood plain study for 
     Tripps Run in the City of Falls Church, Virginia. In 
     addition, the amount provided for Flood Plain Management 
     Services includes $1,300,000 for

[[Page H7426]]

     the development of a Foundational Floodplain Management 
     Geographic Information System for East Baton Rouge Parish, 
     Louisiana, containing essential graphic and non-graphic 
     detailed databases.
       Within the amount provided for the Planning Assistance to 
     States Program, $50,000 is for the preparation of a 
     Comprehensive Drainage Basin Plan for Francis Bland Floodway 
     Ditch (Eight Mile Creek) and tributaries in the vicinity of 
     Paragould, Arkansas, and $100,000 is for the Corps of 
     Engineers to provide planning assistance to develop a master 
     plan for Elk Creek Lake in Fleming County, Kentucky. In 
     addition, the conferees urge the Corps of Engineers to 
     initiate an investigation of the streambank erosion problems 
     in the East Baton Rouge Parish Canal in Baker, Louisiana, and 
     desalinization efforts at Tularosa Basin in Alamogordo, New 
     Mexico. The amount provided for the Planning Assistance to 
     States program also includes $150,000 for the Corps of 
     Engineers to provide planning assistance to the 
     Choctawhatchee, Pea, and Yellow Rivers Watershed Management 
     Authority. The conferees have also included $400,000 for the 
     Corps of Engineers to conduct, at full Federal expense as 
     required by section 1156 of Public Law 99-662, a review of 
     plans developed by the Commonwealth of the Northern Mariana 
     Islands for improvements to its water infrastructure in order 
     to prepare a report for transmission to Congress that could 
     be used as the basis for an authorization for the Federal 
     government to assist the Commonwealth of the Northern Mariana 
     Islands with those improvements.
       The conference agreement includes $29,300,000 for Research 
     and Development. Within the amount provided, $4,100,000 is to 
     continue the National Shoreline Erosion Control Development 
     and Demonstration Program authorized by section 227 of the 
     Water Resources Development Act of 1996, including $1,300,000 
     for the Corps of Engineers to demonstrate the effectiveness 
     of erosion control systems consisting of permeable groins 
     installed perpendicular to the shoreline which reduce wave 
     and current energy allowing a portion of the sediment load to 
     fall out of suspension at Gulf State Park in Gulf Shores, 
     Alabama, and $800,000 to continue the research being 
     conducted at Allegan County, Michigan, in cooperation with 
     Western Michigan University. In addition, the conferees 
     encourage the Corps of Engineers to fully investigate the use 
     of electro-osmotic-pulse technologies at facilities where 
     chronic water seepage and floods are problematic. The 
     conferees urge the Corps of Engineers to test the 
     effectiveness of the Aqua Levee Emergency Flood Control 
     System, and report back to the House and Senate Committees on 
     Appropriations on the feasibility of deploying this emergency 
     flood control system for use in fighting floods. The amount 
     provided for Research and Development also includes $300,000 
     for the Corps of Engineers to prepare an implementation plan 
     and complete a detailed project design for the Seabrook 
     Harbor, New Hampshire, Demonstration Project under the 
     authority of section 227 of the Water Resources Development 
     Act of 1996.
       The conference agreement includes language proposed by the 
     House which directs the Corps of Engineers to continue 
     preconstruction engineering and design of the Murrieta Creek, 
     California, project in accordance with the cost sharing 
     established in Public Law 106-377. The language has been 
     amended to delete the dollar amount; however, the conference 
     agreement includes $1,000,000 for the project as proposed by 
     the House.
       The conference agreement includes language proposed by the 
     House which directs the Corps of Engineers to use the 
     feasibility report prepared under the authority of section 
     205 of the Flood Control Act of 1948, as amended, as the 
     basis for the Rock Creek-Keefer Slough Flood Control Project 
     in Butte County, California. The language has been amended to 
     delete the dollar amount; however, the conference agreement 
     includes $200,000 for the project as proposed by the House 
     and the Senate.
       The conference agreement includes language proposed by the 
     House regarding the Southwest Valley Flood Damage Reduction 
     Study in New Mexico which directs the Corps of Engineers to 
     include in the study an evaluation of flood reduction 
     measures that would otherwise be excluded based on policies 
     regarding the frequency of flooding, the drainage area, and 
     the amount of runoff.
       The conference agreement includes language proposed by the 
     Senate which directs the Corps of Engineers to conduct 
     studies for flood damage reduction, environmental protection, 
     environmental restoration, water supply, water quality, and 
     other purposes in Tuscaloosa County, Alabama. The language 
     has been amended to delete the dollar amount; however, the 
     conference agreement includes $100,000 for the study as 
     proposed by the Senate.
       The conferees have included language in the bill which 
     directs the Corps of Engineers to conduct a comprehensive 
     watershed study to provide a framework for implementing 
     activities to improve the environmental quality of the Lake 
     Tahoe Basin in Nevada and California.
       The conference agreement includes language which amends the 
     Consolidated Appropriations Act, 2001, to provide that funds 
     for the Lower St. Anthony Falls, Minnesota, project may be 
     used for planning, engineering and design activities.
       The conference agreement deletes bill language proposed by 
     the Senate providing $500,000 for the Port of Iberia, 
     Louisiana, study. Funds for this project have been included 
     in the overall amount appropriated for General 
     Investigations.
       The conference agreement deletes bill language proposed by 
     the Senate providing $100,000 for a Chesapeake Bay shoreline 
     erosion study, including an examination of management 
     measures that could be undertaken to address the sediments 
     behind the dams on the Lower Susquehanna River. Funds for 
     this project have been included in the overall amount 
     appropriated for General Investigations.
       The conference agreement deletes bill language proposed by 
     the Senate providing $300,000 for the North Georgia Water 
     Planning District Watershed study in Georgia. Funds for this 
     project have been included in the overall amount appropriated 
     for General Investigations.
       The conference agreement deletes language proposed by the 
     Senate regarding drilling for oil or gas in the Great Lakes. 
     This matter has been addressed in Title V, General 
     Provisions.


                         Construction, General

       The conference agreement appropriates $1,715,951,000 for 
     Construction, General instead of $1,671,854,000 as proposed 
     by the House and $1,570,798,000 as proposed by the Senate.
       The conference agreement includes $2,000,000 for the St. 
     Johns County, Florida, project. The conferees are aware that 
     additional funds may be required in fiscal year 2002 to 
     complete this project. Therefore, the Corps of Engineers is 
     urged to transfer up to an additional $9,000,000 from 
     available funds as necessary to complete this project. The 
     conferees approve of this procedure and direct the Corps of 
     Engineers to take all steps necessary to complete this 
     project.
       The conference agreement includes $40,000,000 for the 
     Olmsted Locks and Dam project. The conferees agree that none 
     of the funds are to be used to reimburse the Claims and 
     Judgment Fund.
       The conferees have provided $13,000,000 for the Inner 
     Harbor Navigation Canal Lock project in Louisiana. While the 
     conferees continue to support the renovation of the 80-year 
     old locks in the Inner Harbor Navigation Canal, they are 
     aware of recent allegations regarding potential adverse 
     impacts of the project on vehicular traffic crossing the 
     canal and direct the Corps of Engineers to work with the Old 
     Arabi Neighborhood Association, Regional Planning Commission, 
     St. Bernard Parish, the Louisiana Department of 
     Transportation and Development, and the U.S. Coast Guard to 
     determine if the project will cause vehicular traffic 
     problems and on solutions to any confirmed problems.
       The conference agreement includes $950,000 for the 
     Chesapeake Bay Environmental Restoration and Protection 
     program, including $200,000 for the Taylors Island marsh 
     creation and shoreline protection project, and $750,000 for 
     upgrades to the Smith Island wastewater treatment plant.
       The conference agreement includes $4,000,000 for the 
     Northeastern Minnesota Environmental Infrastructure program, 
     including $250,000 to assist the City of Biwabik, Minnesota, 
     with its sewer and water utility reconstruction along 7th and 
     8th avenues.
       The conference agreement includes $500,000 for the Rural 
     Montana project. Within the funds provided, the Corps of 
     Engineers is directed to give consideration to projects at 
     Helena, Laurel, and Conrad, Montana.
       The conferees are aware of the urgent need to facilitate 
     efficient construction of improvements for New York and New 
     Jersey Harbor to meet the needs of navigation interests and 
     save significant Federal and non-Federal resources. 
     Therefore, the conferees direct the Secretary of the Army to 
     combine the previously authorized Arthur Kill Channel, 
     Howland Hook Marine Terminal, New York and New Jersey, 
     project; the Kill Van Kull and Newark Bay Channel, New York 
     and New Jersey, project; the New York and Adjacent Channels, 
     Port Jersey Channel, New Jersey, project; and the New York 
     and New Jersey Harbor, New York and New Jersey, project into 
     a single project designated the New York and New Jersey 
     Harbor, New York and New Jersey, project. The conferees have 
     combined the Construction, General and General Investigations 
     budget amounts for these projects and provided $88,500,000 
     for the New York and New Jersey Harbor project. The Secretary 
     of the Army is directed to use these funds to continue 
     construction of the combined New York and New Jersey Harbor 
     project to the depths authorized in the Water Resources 
     Development Act of 2000.
       The conferees have provided $8,000,000 to continue the 
     Rural Nevada project. Within the funds provided, the Corps of 
     Engineers is directed to give consideration to projects at 
     Mesquite, Silver Springs, Lawton-Verdi, Moapa, Elko 
     County, McGill, and Boulder City, Nevada.
       The conference agreement includes $3,000,000 for the Mill 
     Creek, Ohio, project as proposed by the House and the Senate. 
     The additional funds provided above the budget request are to 
     be used to accelerate completion of the General Reevaluation 
     Report and develop an early warning system to alert 
     businesses and residents in the watershed of possible floods.
       The conference agreement includes $3,000,000 for the Ohio 
     Environmental Infrastructure program. The amount provided 
     includes $1,500,000 to assist the City of Springfield, Ohio, 
     with its wastewater treatment and sewer improvement needs.

[[Page H7427]]

       The conference agreement includes $10,000,000 for the South 
     Central Pennsylvania Environmental Improvement Program. These 
     funds are available to carry out improvements in Armstrong, 
     Cambria, Indiana, Fayette, Somerset, and Westmoreland 
     Counties in Pennsylvania.
       The conference agreement includes $500,000 for the Corps of 
     Engineers to complete preconstruction engineering and design 
     of the Goshen Dam, Virginia, project. The conferees agree 
     that upon completion of preconstruction engineering and 
     design, the Corps of Engineers may initiate construction of 
     the project using available funds.
       The conferees have provided an additional $500,000 for the 
     Mud Mountain Dam, White River, Washington, project for the 
     design of fish passage facilities.
       The conference agreement includes a total of $41,100,000 
     for the Levisa and Tug Forks of the Big Sandy River and Upper 
     Cumberland River project. The amount provided includes funds 
     for the individual project elements as described in the House 
     and Senate reports.
       The conference agreement includes $4,000,000 for the 
     Aquatic Plant Control Program. With the funds provided, the 
     Corps of Engineers is directed to undertake the projects 
     listed in the House and Senate reports. The amount provided 
     for the removal of aquatic weeds in the Lavaca and Navidad 
     Rivers in Texas is $300,000.
       The conferees direct the Corps of Engineers to undertake 
     the projects listed in the House and Senate reports and any 
     additional projects described below for the various 
     continuing authorities programs. For those projects in the 
     continuing authorities program that are named in both the 
     House and Senate reports, the conferees direct the Corps of 
     Engineers to use the higher of the two reports funding 
     recommendation for that project. The recommended funding 
     levels for these programs are as follows: Section 206--
     $20,000,000; Section 204--$1,500,000; Section 14--$9,000,000; 
     Section 205--$40,000,000; Section 111--$1,470,000; Section 
     107--$15,000,000; Section 1135--$20,400,000; Section 103--
     $5,000,000; and Section 208--$1,000,000. The conferees are 
     aware that there are funding requirements for ongoing 
     continuing authorities projects that may not be accommodated 
     within the funds provided for each program. It is not the 
     intent of the conferees that ongoing projects be terminated. 
     If additional funds are needed during the year to keep 
     ongoing work in any program on schedule, the conferees urge 
     the Corps of Engineers to reprogram funds into the program.
       The amount provided for the Section 1135 program does not 
     include funds for the Garrows Bend Restoration project in 
     Mobile, Alabama. That project has been funded in the 
     Operation and Maintenance account. The amount provided for 
     the Section 1135 program includes $250,000 for a feasibility 
     study of restoration activities at Horseshoe Lake, Arkansas, 
     and $400,000 for the Tunica Lake Weir, Mississippi, project.
       The amount provided for the Section 206 program includes 
     $100,000 for the Milford Pond restoration project in 
     Massachusetts; $10,000 for the Borough of Fair Haven, 
     Monmouth County, New Jersey, project; and $10,000 for the 
     Grover's Mill Pond, Township of West Windsor, Mercer County, 
     New Jersey, project. Funds are not included for the Lake 
     Weamaconk, New York, project and the Oak Orchard Creek and 
     Tonawanda Creek Watersheds, New York, project. As part of the 
     fiscal year 2001 appropriations process, the Secretary of the 
     Army was directed to reimburse the East Bay Municipal Utility 
     District for expenses at Penn Mine located in Calaveras 
     County, California. The conferees have learned that 
     reimbursement has not occurred as required. The conferees 
     direct the Secretary to reimburse the East Bay Municipal 
     Utility District $4,100,000 from funds previously 
     appropriated under the Section 206 program for costs incurred 
     at Penn Mine for work carried out by East Bay Municipal 
     Utility District for the project. Such amounts shall be made 
     available to the East Bay Municipal Utility District not 
     later than 60 days after the date of enactment of this Act.
       The amount provided for the Section 205 program includes 
     $424,000 for the Sumava, Indiana, project and $1,000,000 for 
     the Deer Creek, Illinois, project. In addition, the conferees 
     urge the Corps of Engineers to proceed with design of the Mad 
     Creek flood control project in Iowa.
       The amount provided for the Section 111 program includes 
     $170,000 for the Dauphin Island, Alabama, project.
       The amount provided for the Section 107 program includes 
     $3,000,000 for the Lake Shore State Park, Wisconsin, project.
       The conferees have included language in the bill earmarking 
     funds for the following projects in the amounts specified: 
     San Timoteo Creek (Santa Ana River Mainstem), California, 
     $8,000,000; Indianapolis Central Waterfront, Indiana, 
     $9,000,000; Southern and Eastern Kentucky, $4,000,000; Clover 
     Fork, City of Cumberland, Town of Martin, Pike County 
     (including Levisa Fork and Tug Fork Tributaries), Bell 
     County, Floyd County, Martin County, and Harlan County, 
     Kentucky, elements of the Levisa and Tug Forks of the Big 
     Sandy River and Upper Cumberland River project, 
     $15,450,000; and the Lower Mingo County (Kermit), Upper 
     Mingo County (including County Tributaries), Wayne County, 
     and McDowell County, West Virginia, elements of the Levisa 
     and Tug Forks of the Big Sandy River and Upper Cumberland 
     River project, $5,900,000.
       The conference agreement deletes language proposed by the 
     House regarding the San Gabriel Basin Restoration Fund 
     project. Funds for this project are included in the Bureau of 
     Reclamation's Water and Related Resources account.
       The conference agreement includes language proposed by the 
     House which directs the Corps of Engineers to modify the Carr 
     Creek Lake, Kentucky, project to provide additional water 
     supply storage for the Upper Kentucky River Basin.
       The conferees have included language proposed by the House 
     directing the Corps of Engineers to undertake design 
     deficiency repairs to the Bois Brule Drainage and Levee 
     District, Missouri, project with cost sharing consistent with 
     the original project authorization and to increase the 
     authorized level of protection of the Bois Brule Drainage and 
     Levee District, Missouri, project from 50 to 100 years.
       The conference agreement includes language proposed by the 
     Senate which directs the Corps of Engineers to conduct 
     technical studies of individual ditch systems identified by 
     the State of Hawaii and to assist the State in 
     diversification by helping define the cost of repairing and 
     maintaining selected ditch systems. The conference agreement 
     also includes language proposed by the Senate which directs 
     the Corps of Engineers to use $1,300,000 to continue 
     construction of the Kaumalapau Harbor, Hawaii, project.
       The conferees have agreed to include language proposed by 
     the Senate regarding the Brunswick County Beaches, North 
     Carolina, project. The language has been amended to direct 
     the Corps of Engineers to continue preparation of a General 
     Reevaluation Report for the Oak Island, Caswell Beach, and 
     Holden Beach segments of the project.
       The conference agreement includes language proposed by the 
     Senate directing the Corps of Engineers to undertake the 
     Bowie County Levee, Texas, project.
       The conferees have included language proposed by the Senate 
     directing the Corps of Engineers to use $4,000,000 of the 
     funds provided for the Dam Safety and Seepage/Stability 
     Correction program to continue construction of seepage 
     control features at Waterbury Dam, Vermont.
       The conference agreement includes language directing the 
     Corps of Engineers to complete the Aloha-Rigolette, 
     Louisiana, project.
       The conference agreement includes language directing the 
     Corps of Engineers to proceed with the Shoalwater Bay 
     Shoreline, Washington, project.
       The conferees have agreed to include language in the bill 
     directing the Corps of Engineers to proceed with a final 
     design and initiate construction for the repair and 
     replacement of the Jicarilla Municipal Water System in Dulce, 
     New Mexico.
       The conference agreement includes language which directs 
     the Corps of Engineers to proceed with the Missouri River 
     Restoration project and which provides that erosion control 
     measures implemented shall be primarily through nonstructural 
     means such as planting of native vegetation, bugger strips, 
     conservation easements, setbacks, and agricultural best 
     management practices.
       The conference agreement includes language directing the 
     Corps of Engineers to construct the Dallas Floodway 
     Extension, Texas, project in accordance with the Chief of 
     Engineers report dated December 7, 1999.
       The conferees have included language in the bill extending 
     by one year the due date for a progress report required by 
     the Consolidated Appropriations Act, 2001, on implementing a 
     program of environmental infrastructure improvements in 
     northern Wisconsin.
       The conference agreement includes language directing the 
     Corps of Engineers to use funds previously appropriated for 
     the Salyersville, Kentucky, project to construct additional 
     recreation improvements at the Buckhorn Lake, Kentucky, 
     project.
       The conference agreement includes language directing the 
     Corps of Engineers to initiate construction of the Seward 
     Harbor, Alaska, project in accordance with the Report of the 
     Chief of Engineers dated June 8, 1999.
       The conferees have included language directing the Corps of 
     Engineers to use previously appropriated funds to reimburse 
     the City of Venice, Florida, for work accomplished by the 
     City as part of the Sarasota County, Florida, project.
       The conference agreement includes language directing the 
     Corps of Engineers to undertake emergency bank protection 
     measures at Lakeshore Park in Knoxville, Tennessee.
       The conference agreement includes language proposed by the 
     Senate which directs the Corps of Engineers to continue the 
     Dickenson County, Virginia, Detailed Project Report.
       The conferees have included language proposed by the Senate 
     providing that the non-Federal sponsor for the Lebanon, New 
     Hampshire, project shall receive credit toward the non-
     Federal cost of the project for work performed before 
     execution of the project cooperation agreement.
       The conference agreement includes language proposed by the 
     House under Operation and Maintenance regarding the Raritan 
     River Basin, Green Brook Sub-Basin, New Jersey, project. The 
     Senate had proposed similar language under General 
     Provisions, Corps of Engineers--Civil.
       The conference agreement deletes language proposed by the 
     Senate regarding the Horseshoe Lake, Arkansas, project. Funds 
     for this project have been included within

[[Page H7428]]

     the amount provided for the Section 1135 program.
       The conference agreement deletes language proposed by the 
     Senate providing funds for the Red River Emergency Bank 
     Protection, Arkansas, project. The amount appropriated for 
     Construction, General includes $3,000,000 for this project.
       The conference agreement deletes language proposed by the 
     Senate regarding the Embrey Dam, Virginia, project. Funds for 
     this project have been included in the amount appropriated 
     for Construction, General.
       The conferees direct that $2,000,000 of the funds provided 
     in the Consolidated Appropriations Act, 2001, for the 
     Abandoned and Inactive Noncoal Mine Restoration Program shall 
     be provided for clean-up activities in Nevada.


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

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


                   Operation and Maintenance, General

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

[[Page H7429]]

     funds for activities related to selection of a permanent 
     disposal site for environmentally sound dredged material from 
     projects in the State of Rhode Island. Funds for this work 
     are included in the amount provided for the Providence River 
     and Harbor project.
       The conferees agree that centralized management of project 
     funds is efficient and is allowed under current guidelines 
     for certain activities. These activities include but are not 
     limited to the program development system known as the 
     Automated Budget System; the National Recreation Reservation 
     System; the provision of uniforms for those required to wear 
     them; the Volunteer Clearinghouse; the Water Safety Program; 
     the transition from government-owned/contractor-operated to 
     private ownership and operation of the SHOALS system; and the 
     Sign Standards Program. The conferees direct the Corps of 
     Engineers to disclose the costs of these activities in its 
     budget justifications.


                 Flood Control and Coastal Emergencies

                              (Rescission)

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


                           Regulatory Program

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


            Formerly Utilized Sites Remedial Action Program

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


                             Revolving Fund

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


                            General Expenses

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

                           General Provisions


                        Corps of Engineers-Civil

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

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[[Page H7476]]

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project

                Central Utah Project Completion Account

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

                         Bureau of Reclamation

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


                      Water and Related Resources

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


               Bureau of Reclamation Loan Program Account

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


                Central Valley Project Restoration Fund

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


               California Bay-Delta Ecosystem Restoration

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


                       Policy and Administration

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

                           General Provisions

                       Department of the Interior

       Section 201. The conference agreement includes language 
     authorizing the Bureau of Reclamation to continue its program 
     of providing grants to institutions of higher learning to 
     support the training of Native Americans to manage natural 
     resources.
       Section 202. The conference agreement includes language 
     amending the authorization

[[Page H7477]]

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

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[[Page H7487]]

                               TITLE III

                          DEPARTMENT OF ENERGY

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


                           PROJECT MANAGEMENT

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


                     FACILITIES AND INFRASTRUCTURE

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


                     DEPARTMENT OF ENERGY STAFFING

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


                    ALTERNATIVE FINANCING APPROACHES

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


                          EXTERNAL REGULATION

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


                             REPROGRAMMINGS

       The conference agreement does not provide the Department of 
     Energy with any internal

[[Page H7488]]

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


              LABORATORY DIRECTED RESEARCH AND DEVELOPMENT

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


              ADDITIONAL DEPARTMENT OF ENERGY REQUIREMENTS

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


    REDUCTIONS NECESSARY TO ACCOMMODATE SPECIFIC PROGRAM DIRECTIONS

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

                             Energy Supply

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


                       Renewable Energy Resources

       The conference agreement provides $396,000,000 instead of 
     $376,817,000 as proposed by the House and $435,600,000 as 
     proposed by the Senate for renewable energy resources. The 
     conference agreement does not include language specifying 
     funding allocations as contained in the separate House and 
     Senate reports.
       Biomass/biofuels.--The conference agreement includes 
     $93,000,000 for biomass/biofuels. The conferees have combined 
     the subprograms for power systems and transportation into a 
     single program for biomass/biofuels and no longer provide 
     separate allocations for power systems and transportation.
       The conference agreement includes $2,500,000 to support a 
     cost-shared Agricultural Waste Methane Power Generation 
     Facility in California; $2,000,000 to support a cost-shared 
     agricultural mixed waste biorefinery in Alabama using the 
     thermal depolymerization technology; $1,500,000 to support 
     the Black Belt Bioenergy Demonstration Project in Alabama; 
     $1,000,000 for microcombustion research at Oak Ridge National 
     Laboratory in collaboration with the technology's inventor; 
     $2,000,000 for the Biorenewable Resource Consortium; 
     $3,000,000 for the Iroquois Bio-Energy Cooperative project in 
     Indiana; $3,000,000 for the Gridley Rice Straw project in 
     California; and $1,000,000 for the switchgrass project of the 
     Great Plains Institute for Sustainable Development in 
     Minnesota.
       The conference agreement includes $4,000,000 for the Iowa 
     switchgrass project; $1,000,000 for the Consortium for Plant 
     Biotechnology Research; $3,000,000 for the McNeil biomass 
     plant in Burlington, Vermont, and $750,000 for the methane 
     energy and agriculture development project in Tillamook Bay, 
     Oregon. The conference agreement includes $1,000,000 for the 
     continuation and expansion of the ongoing demonstration of 
     the oxygenated diesel fuel particulate matter emission 
     reduction project in Clark County, Nevada, the cities of 
     Riverside, Compton, Linwood, and Pasadena, California, and 
     Ventura County, California; $2,000,000 for the Michigan 
     Biotechnology Initiative; $3,000,000 for the Prime LLC of 
     South Dakota integrated ethanol complex, including an ethanol 
     unit, waste treatment system, and enclosed cattle feed lot; 
     $300,000 for the Biomass Energy Resource Center project in 
     Vermont; $2,000,000 to continue the Sealaska ethanol project 
     (subject to a non-Federal match) at the fiscal year 2001 
     level; $3,000,000 for the Biomass Gasification Research 
     Center in Birmingham, Alabama; and $3,000,000 for the Winona, 
     Mississippi, biomass project, where the current investment in 
     the plant shall count as the required demonstration project 
     cost share. The conferees direct the Department to continue 
     funding for the Energy and Environment Research Center at 
     last year's level. The conferees encourage the Department to 
     continue the integrated approach to bioenergy activities and 
     recommend the use of up to $18,000,000 within available funds 
     for the Integrated Biomass Research and Development Program. 
     The conferees urge the Department to form strong public-
     private-university partnerships in this program.
       Geothermal.--The conference agreement includes $29,000,000 
     for geothermal activities. The conference agreement includes 
     sufficient funding to maintain university research on 
     geothermal technologies at the fiscal year 2001 funding level 
     of $2,600,000. The conference agreement also includes 
     $2,000,000 in final funding for the Lake County Basin 
     geothermal project in Lake County, California; $2,000,000 for 
     the Santa Rosa geysers project in California; $2,500,000 for 
     Geopowering the West; and $1,000,000 for the UNR Geothermal 
     Energy Center demonstration project.
       Hydrogen.--The conference agreement includes $31,000,000 
     for hydrogen activities. The conference agreement includes 
     $1,000,000 for the Fuel Cell Technology Assessment and 
     Demonstration at the University of Alabama at Birmingham; 
     $350,000 for the Big Sky Economic Development Authority 
     demonstration fuel cell technologies; $500,000 for the 
     gasification of Iowa switchgrass and its use in fuel cells; 
     $1,500,000 for the ITM Syngas project; $1,500,000 for the 
     fuel cell installation project at Gallatin County, Montana; 
     and $1,000,000 for continued demonstration of the hydrogen 
     locomotive and front-end loader projects.
       Hydropower.--The conference agreement includes $5,300,000 
     for hydropower. The conference agreement includes $400,000 to 
     plan a hydroelectric power generation facility at Gustavus, 
     Alaska, subject to a local match for construction; and 
     $1,900,000 for the completion of the Power Creek 
     hydroelectric project in Alaska. No additional funds will be 
     made available for this project.
       Solar Energy.--The conference agreement includes 
     $95,000,000 for solar energy programs. The conferees have 
     combined the concentrating solar power, photovoltaic energy 
     systems, and solar building technology subprograms into a 
     single program for solar energy. The conferees urge the 
     Department to fund these subprograms in roughly the same 
     proportions as they were funded in fiscal year 2001.
       The conference agreement includes $8,700,000 for basic 
     research/university programs on photovoltaics; $18,500,000 to 
     continue the thin film partnership program; $3,000,000 for 
     continuation of the Million Solar Roofs program; $2,000,000 
     for the Southeast and Southwest photovoltaic experiment 
     stations; and $3,000,000 for the Navajo electrification 
     project. The Department is directed to continue with 
     deployment of the 1.0 MW dish engine and to continue 
     activities associated with the 25kW dish system. 
     Additionally, the conferees direct the Department to develop 
     and scope out an initiative to fulfill the goal of having 
     1,000 MW of new parabolic trough, power tower, and dish 
     engine solar capacity supplying the southwestern United 
     States by the year 2006. A report on this initiative is due 
     to the House and Senate Committees on Appropriations by March 
     1, 2002.
       The conference agreement includes $4,000,000 for technical 
     analysis, technical assistance, and the harmonization of 
     multi-program activities that address the resource 
     opportunities and electric power needs of the southwestern 
     United States. The expertise of the National Renewable Energy 
     Laboratory (NREL) is to be made available through a site 
     office in Nevada. NREL will provide expertise through a 
     virtual laboratory concept, serving as a portal for 
     electronic communications, information sharing, data 
     warehousing, and partnerships among universities, 
     researchers, technology developers, and those interested in 
     deployment.
       Wind.--The conference agreement includes $41,000,000 for 
     wind programs. The conferees have provided $500,000 for the 
     remote location pilot project at the Toledo Harbor 
     Lighthouse; $1,000,000 for the Washington Electric 
     Cooperative wind energy generating facility in Vermont; 
     $500,000 for the Turtle Mountain Community College project in 
     North Dakota; $1,000,000 for the Kotzebue project in Alaska; 
     $250,000 for a wind generation facility to serve St. Paul and 
     Unalaska, Alaska; and $500,000 for the small wind program 
     being developed by the Vermont Department of Public Service. 
     The Wind Powering America initiative is to be continued at 
     last year's funding level.
       Electric energy systems and storage.--The conference 
     agreement includes $63,000,000 for electric energy systems 
     and storage. The conferees have combined the subprograms for 
     high temperature superconducting research and development, 
     energy storage systems, and transmission reliability into a 
     single program for electric energy systems and storage.
       The conference agreement includes $4,000,000 to initiate 
     field testing of aluminum ceramic fiber composite conductors; 
     $1,000,000 for the fuel cell powered home using the Smart 
     Energy Management Control System in Alabama; $2,000,000 for 
     the UADispatch Outage Management System in Alabama; 
     $3,000,000 for distributed generation demonstration projects 
     in Indiana, focusing on the problems of interconnection, grid 
     impact, and remote dispatch; $1,000,000

[[Page H7489]]

     to initiate development of a bipolar nickel metal hydride 
     battery storage system; $2,000,000 for Glenallen power 
     generation upgrades, including extension of electricity to 
     residents of Lake Louise; $2,000,000 for the Kachemak Bay 
     Power System to extend and upgrade marine power cabling to 
     provide power to the villages of Seldovia, Nanwalek, and Port 
     Graham, Alaska; $3,000,000 for the Swan Lake-Lake Tyee 
     electrical intertie pursuant to the Southeast Alaska intertie 
     authorization enacted into law last year; and $3,000,000 to 
     complete the Prince of Wales Island electrical intertie. The 
     conferees note that $20,000,000 has been provided in State 
     and local funds and this Federal amount represents the final 
     installment needed to complete the project. The conference 
     agreement also includes $3,000,000, within available funds, 
     for NREL for research, development, and demonstration of 
     advanced thermal energy storage technology integrated with 
     renewable thermal energy technology. The conferees provide 
     $500,000 to support the joint effort between New Mexico Tech 
     and the Natural Energy Laboratory of Hawaii to integrate, 
     demonstrate, and deploy distributed energy systems.
       The conference agreement also includes the budget request 
     for the proposed work between industrial consortia and 
     national laboratories to develop high-performance, low-cost, 
     second-generation, high temperature super-conducting wire.
       Renewable Support and Implementation.--The conference 
     agreement includes $14,500,000 for renewable support and 
     implementation programs.
       The conference agreement provides $1,500,000 for 
     departmental energy management.
       The conference agreement includes $3,000,000 for the 
     international renewable energy program. Of this amount, 
     $1,000,000 is to be provided to International Utility 
     Efficiency Partnerships, Inc., for continuation of joint 
     implementation project development. The conferees expect the 
     Department to work with the Department of Commerce, the U.S. 
     Agency for International Development, and other relevant 
     agencies, to complete, and begin implementation of, a five-
     year strategic plan to open and expand export markets for 
     U.S. clean energy technologies. The conferees urge the 
     Administration to include adequate funding for this 
     initiative in its Fiscal Year 2003 budget submission.
       The conference agreement includes $4,000,000 for the 
     renewable energy production incentive program.
       The conference agreement includes $3,000,000 for renewable 
     Indian energy resources. The conferees expect these funds to 
     be administered as competitively awarded grants to federally-
     recognized tribes throughout the United States.
       The conference agreement includes $3,000,000 for renewable 
     program support, of which $1,500,000 is to support the 
     National Alliance for Clean Energy Incubators.
       National Renewable Energy Laboratory.--The conference 
     agreement includes $5,000,000 for the National Renewable 
     Energy Laboratory (NREL), the same as the budget request.
       Program direction.--The conference agreement includes 
     $19,200,000 for program direction, the same as the budget 
     request.


                             Nuclear Energy

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


                     Environment, Safety and Health

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

[[Page H7490]]

                Technical Information Management Program

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


                          Funding Adjustments

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

                  Non-Defense Environmental Management

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

             Uranium Facilities Maintenance and Remediation

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

                                Science

       The conference agreement provides $3,233,100,000 instead of 
     $3,166,395,000 as proposed by the House and $3,268,816,000 as 
     proposed by the Senate. The conference agreement does not 
     include language specifying funding allocations as contained 
     in the separate House and Senate reports. The conference 
     agreement does not include bill language proposed by the 
     Senate earmarking funds for specific purposes.
       High energy physics.--The conference agreement provides 
     $716,100,000 for high energy physics, the same as the budget 
     request. The conferees encourage strong support for 
     university research and for research on low temperature 
     superconductors to support high energy physics requirements. 
     General Purpose Equipment and General Plant Projects should 
     be funded for Office of Science laboratories at fiscal year 
     2001 levels. Funds provided by the Senate for a demonstration 
     of the mass of the neutrino at the Waste Isolation Pilot 
     Plant have been transferred to the environmental management 
     program.
       Nuclear physics.--The conference agreement provides 
     $360,510,000 for nuclear physics, the same as the budget 
     request. The conferees urge the Department to use these funds 
     to enhance operation of the Relativistic Heavy Ion Collider 
     (RHIC) at the Brookhaven National Laboratory and the Thomas 
     Jefferson National Accelerator Facility in Virginia.
       Biological and environmental research.--The conference 
     agreement includes $527,405,000 for biological and 
     environmental research. The conferees have included 
     $11,405,000 to complete the construction of the Laboratory 
     for Comparative Functional Genomics at the Oak Ridge National 
     Laboratory. The conference amount includes a total of 
     $18,000,000 for the low dose effects program; $3,500,000 in 
     additional funding for computer upgrades and capital 
     equipment costs at the Environmental Molecular Science 
     Laboratory; and includes funding to continue the free air 
     carbon dioxide experiments at the fiscal year 2001 level.
       The conference agreement includes $2,600,000 for the 
     positron emission tomography center at the University of 
     South Alabama; $4,000,000 for the Gulf Coast Cancer Center 
     and Research Institute; $2,000,000 for the University of 
     Alabama at Birmingham center for nuclear magnetic resonance 
     imaging; $1,000,000 for University of South Alabama research, 
     in cooperation with industry and the Cooperative Research 
     Network of the National Rural Electric Cooperative 
     Association, on a fuel cell powered home using the Smart 
     Energy Management Control System; $1,650,000 for the new 
     library and regional resource learning center at Spring Hill 
     College; $100,000 for the South Alabama Medical Education 
     Outreach Program; $2,250,000 for the University of Florida 
     Genetics Institute; $2,700,000 for a new linear accelerator 
     for the Baystate Medical Center; $1,200,000 for the Cancer 
     Institute of New Jersey; $1,000,000 for the Institute for 
     Molecular and Biomedical Science at the University of 
     Arizona; $1,000,000 for the Stanley Scott Cancer Center at 
     Louisiana State University; $1,000,000 for the Infotonics 
     Center of Excellence in Rochester, New York; $500,000 for the 
     Joint Collaboration on Advanced Nanotechnology and Sensors 
     with the University of New Orleans, Louisiana State 
     University, and Louisiana Tech; $500,000 for the Breast 
     Cancer Program at the North Shore--Long Island Jewish Health 
     System; $500,000 for a functional magnetic resonance imaging 
     machine at the University of Texas at Dallas and the 
     University of Texas Southwestern Medical Center's Center for 
     Brain, Cognition, and Behavior; $500,000 for the Integrated 
     Environmental Research and Services program at Alabama A&M 
     University; and $500,000 for the energy efficiency initiative 
     at the Carolinas Health Care System.
       The conference agreement includes $3,000,000 for the 
     Multidisciplinary Research Facility at the College of 
     Engineering, University of Notre Dame; $500,000 for a linear 
     accelerator for the Burbank Regional Cancer Center in 
     Fitchburg, Massachusetts; $500,000 for Hampshire College's 
     National Center for Science Education; $1,000,000 for the 
     Audubon Biomedical Science and Technology Park at Columbia 
     University; $1,000,000 for the McFadden Science Center at 
     Texas Wesleyan University; $1,000,000 for the emergency power 
     supply system at Cedars-Sinai Medical Center; $1,000,000 for 
     the Rush-Presbyterian-St.Luke's Medical Center; $1,000,000 
     for a nanoscience facility at Purdue University; $1,000,000 
     for the Julie and Ben Rogers Cancer Institute; $1,000,000 for 
     the School of Public Health at the University of South 
     Carolina; $1,000,000 for the continued development of the 
     Life Sciences Building at Brown University; $1,000,000 for 
     environmental modeling at the University of North Carolina at 
     Chapel Hill; $1,000,000 to support renovation of the Science, 
     Technology, and Engineering Research Complex at Jackson State 
     University; and $1,000,000 for the PowerGrid simulator at 
     Drexel University and the New Jersey Institute of 
     Technology.
       The conference agreement includes $7,000,000 for the 
     positron emission tomography facility at West Virginia 
     University; $2,000,000 for a linear accelerator for the 
     University Medical Center of Southern Nevada; $250,000 for 
     the research foundation of the University of Nevada-Las 
     Vegas; $200,000 for the University of Nevada-Las Vegas to 
     continue study of the biological effects of exposure to low-
     level radioactivity; $500,000 for a biomolecular nuclear 
     magnetic resonance instrument at the Medical University of 
     South Carolina; $1,000,000 for the Oncology Center of the 
     Medical University of South Carolina; $3,000,000 for the 
     National Center of Excellence in Photonics and Microsystems 
     in New

[[Page H7491]]

     York; $500,000 for the Institute of Comparative Genomics at 
     the American Museum of Natural History; $750,000 for the 
     Inland Northwest Natural Resources Research Center at Gonzaga 
     University; $500,000 for the Hall of Paleontology at the 
     Field Museum; $500,000 for the Center for Catalysis at Iowa 
     State University; $1,000,000 for the Human Genome Project at 
     the University of Southern California; $500,000 for 
     biomedical research at Creighton University; $500,000 for the 
     Child Health Institute of New Brunswick, New Jersey; $500,000 
     for the Oregon Renewable Energy Center; $1,000,000 for 
     superconductor research at Boston College; $500,000 for the 
     Natural Energy Laboratory in Hawaii; and $800,000 for the 
     Rochester Institute of Technology microelectronics technology 
     program.
       The conference agreement includes $11,000,000 for 
     operations and capital investment at the Mental Illness and 
     Neuroscience Discovery Institute; and $2,000,000 for the 
     University of Missouri-Columbia to expand the federal 
     investment in the university's nuclear medicine and cancer 
     research capital program.
       Basic energy sciences.--The conference agreement includes 
     $1,003,705,000 for basic energy sciences. The conference 
     agreement includes the full amount of the budget request for 
     the Spallation Neutron Source and the SPEAR 3 upgrade at the 
     Stanford Synchrotron Radiation Laboratory. The conferees have 
     included $3,000,000 to initiate project engineering and 
     design (PED) for three user facilities for nanoscale science 
     research (Project 02-SC-002), and the budget request of 
     $7,685,000 for the Experimental Program to Stimulate 
     Competitive Research (EPSCoR). For purposes of reprogramming 
     in fiscal year 2002, the Department may reallocate funding 
     among all operating accounts within Basic Energy Sciences.
       Advanced scientific computing research.--The conference 
     agreement includes $158,050,000 for advanced scientific 
     computing research (ASCR). The conferees support the use of 
     available funds for the Scientific Discovery Through Advanced 
     Computing (SciDAC) program and for terascale operating 
     systems development. The conferees urge the Department to 
     maximize the involvement of universities in the ASCR program, 
     so that both the Department and the academic community can 
     share in the latest technology developments in this field.
       Energy research analyses.--The conference agreement 
     includes $1,000,000 for energy research analyses, the same 
     amount provided by the House and the Senate.
       Multiprogram energy labs--facility support.--The conference 
     agreement includes $30,175,000 for multi-program energy labs-
     facility support, the same as the budget request.
       Fusion energy sciences.--The conference agreement includes 
     $248,495,000, as proposed by both the House and Senate, for 
     fusion energy sciences.
       Facilities and infrastructure.--The conference agreement 
     includes $10,000,000 for a new Facilities and Infrastructure 
     program, as proposed by the House, to address infrastructure 
     needs at the Department's science laboratories.
       Safeguards and security.--The conference agreement includes 
     $55,412,000 for safeguards and security activities at 
     laboratories and facilities managed by the Office of Science.
       Program Direction.--The conference agreement includes 
     $139,960,000 for program direction. This amount includes 
     $63,000,000 for field offices, $72,500,000 for headquarters, 
     and $4,460,000 for science education. The control level for 
     fiscal year 2002 is at the program account level of program 
     direction.
       Funding adjustments.--A general reduction of $12,800,000 
     has been applied to this account, as well as the security 
     charge for reimbursable work of $4,912,000 included in the 
     budget request.

                         Nuclear Waste Disposal

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

                      DEPARTMENTAL ADMINISTRATION


                     (Including Transfer of Funds)

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

                    Office of the Inspector General

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

                    Atomic Energy Defense Activities


                NATIONAL NUCLEAR SECURITY ADMINISTRATION

       The National Nuclear Security Administration (NNSA), a 
     semi-autonomous agency within the Department of Energy, 
     manages and operates the Nation's nuclear weapons, nuclear 
     nonproliferation, and naval reactors activities.
       Nuclear posture review.--The conferees have provided a 
     significant increase above the President's budget request and 
     above the House bill in nuclear weapons activities, to 
     include refurbishment of specific nuclear weapons as well as 
     generic nuclear weapons-related process and infrastructure 
     improvements. The basis for providing these additional funds 
     is informal information provided by the NNSA at the 
     Committees' request, rather than a formal budget request from 
     the Administration. The information largely addresses on-
     going programs and generic process improvements, and does not 
     identify the need to develop a specific new nuclear weapon in 
     fiscal year 2002. The conferees agree that these investments 
     are vital to ensuring that the NNSA can efficiently support 
     Department of Defense schedules and requirements to maintain 
     the highest levels of performance for our nation's nuclear 
     weapons, while maximizing safety for NNSA employees and 
     contractors performing the stockpile stewardship mission.
       The conferees are concerned that NNSA not spend funds early 
     in fiscal year 2002 that turn out to be wasted effort once 
     the Nuclear Posture Review and its implementation by the 
     Administration and the Congress is completed. The conferees 
     are also concerned that the NNSA not spend funds in fiscal 
     year 2002 that presuppose the outcome of the Nuclear Posture 
     Review or thwart the ability of Congress to provide effective 
     and timely oversight. It is the conferees' intent and 
     instruction that the NNSA use the funds in its budget request 
     and the additional funds provided herein for nuclear weapons 
     activities only for generic process and infrastructure 
     improvements and to continue on-going weapon refurbishment 
     activities. NNSA should minimize weapon-unique investments in 
     fiscal year 2002 in those instances where NNSA knows today 
     that there is uncertainty about the long-term viability of 
     the nuclear weapon or its delivery system. The NNSA may not 
     use funds in fiscal year 2002 to initiate new weapons 
     development programs or to initiate new warhead refurbishment 
     programs that have not been formally identified to and 
     approved by the Congress, other than through formal written 
     reprogramming requests to the Armed Services and 
     Appropriations Committees of Congress.
       The conferees are concerned in particular about the W-80 
     warhead refurbishment for air-launched cruise missiles. The 
     Department of Energy has the means to extend the life of the 
     W-80 warhead by tens of years, yet

[[Page H7492]]

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

                           Weapons Activities

       The conference agreement provides $5,429,238,000 for 
     Weapons Activities instead of $5,123,888,000 as proposed by 
     the House and $6,062,891,000 as proposed by the Senate. The 
     Administration's budget request for Weapons Activities was 
     $5,300,025,000 which included $271,137,000 for program 
     direction activities. The conference recommendation transfers 
     all program direction funding to the Office of the NNSA 
     Administrator account which has the effect of reducing the 
     fiscal year 2002 budget request for Weapons Activities to 
     $5,028,888,000. Thus, the conference recommendation is 
     $400,850,000 over the budget request for nuclear weapons 
     programmatic activities.
       Statutory language proposed by the Senate to earmark funds 
     for technology partnerships and community reuse organizations 
     has not been included. The conferees direct the NNSA to fully 
     utilize technology partnerships supportive of its missions, 
     including the support of small business interactions 
     including technology clusters around the laboratories.
       Reprogramming.--The conference agreement provides limited 
     reprogramming authority within the Weapons Activities account 
     without submission of a reprogramming to be approved in 
     advance by the House and Senate Committees on Appropriations. 
     The reprogramming thresholds will be as follows: directed 
     stockpile work, science campaigns, engineering campaigns, 
     inertial confinement fusion, advanced simulation and 
     computing, pit manufacturing and certification, readiness 
     campaigns, and operating expenses for readiness in technical 
     base and facilities. This should provide the needed 
     flexibility to manage these programs.
       In addition, funding of not more than $5,000,000 may be 
     transferred between each of these categories and each 
     construction project subject to the following limitations: 
     only one transfer may be made to or from any program or 
     project; the transfer must be necessary to address a risk to 
     health, safety or the environment or to assure the most 
     efficient use of weapons activities funds at a site; and 
     funds may not be used for an item for which Congress has 
     specifically denied funds or for a new program or project 
     that has not been authorized by Congress.
       Congressional notification within 30 days of the use of 
     this reprogramming authority is required. Transfers during 
     the fiscal year which would result in increases or decreases 
     in excess of $5,000,000 or which would be subject to the 
     limitations outlined in the previous paragraph require prior 
     notification and approval from the House and Senate 
     Committees on Appropriations.
       Directed stockpile work.--The conference agreement includes 
     $1,045,814,000 for directed stockpile work instead of 
     $1,043,791,000 as proposed by the House and $1,081,337,000 as 
     proposed by the Senate.
       Campaigns.--The conference agreement consolidates the 
     individual campaigns into six major groups: science 
     campaigns, engineering campaigns, inertial confinement 
     fusion, advanced simulation and computing, pit manufacturing 
     and certification, and readiness campaigns. Funding for 
     individual campaigns is shown on the accompanying table.
       For science campaigns, the conference agreement provides 
     $269,703,000, an increase of $8,583,000 over the budget 
     request. From within available funds, an additional 
     $25,000,000 is provided for advanced radiography to continue 
     research, development and conceptual design for an advanced 
     hydrodynamic test facility, including further development and 
     evaluation of proton radiography techniques.
       For engineering campaigns, the conference agreement 
     provides $245,225,000, an increase of $9,469,000 over the 
     budget request, to meet additional program requirements.
       For inertial confinement fusion, the conference agreement 
     provides $506,443,000, an increase of $39,500,000 over the 
     budget request, and includes several program funding 
     adjustments. The conference agreement includes $10,000,000 
     for the Naval Research Laboratory, the same as the budget 
     request. Funding of $24,500,000 has been provided to further 
     development of high average power lasers.
       The conference agreement includes $35,450,000 for the 
     Laboratory for Laser Energetics at the University of 
     Rochester, an increase of $2,000,000 over the budget request, 
     to be used for development of critical short-pulse laser 
     technologies that should be extensible to producing very high 
     power laser capability on the National Ignition Facility as 
     well as existing large fusion research lasers like Omega.
       The conference agreement provides an additional $7,000,000 
     for enhanced National Ignition Facility (NIF) diagnostics and 
     cryogenic target activities, and $245,000,000, the same as 
     the budget request, for continued construction of the NIF.
       The conferees understand the Department is preparing a 
     National Petawatt Strategic Plan and support completion of 
     this initiative, including within the strategic planning the 
     research and development of supporting technologies necessary 
     to ensure U.S. leadership in ultra-short-pulse laser 
     technology. Funding of $3,000,000 is provided for conceptual 
     and preliminary engineering design

[[Page H7493]]

     studies for a petawatt-class laser at the Sandia National 
     Laboratory's Z machine, and $1,000,000 is provided to 
     initiate development of critical short-pulse laser 
     technologies like damage-resistant gratings.
       The conferees strongly support university participation in 
     this program and have provided $9,886,000 for university 
     grants/other ICF support, an increase of $4,500,000 over the 
     budget request. This includes $2,500,000 to complete the 
     installation and initiate operation of a petawatt laser or 
     high-power, short-pulse laser at the University of Nevada-
     Reno. The conferees believe that early access to an operating 
     petawatt-class laser will provide opportunities for exploring 
     technology options to incorporate in the next generation of 
     petawatt lasers. The conferees direct the Department to 
     provide a monthly status report to the House and Senate 
     Committees on Appropriations on the status of the University 
     of Nevada-Reno project. The conferees have included the 
     additional $2,000,000 for university grants to encourage 
     greater participation of universities in the Department's 
     programs and as a means of training new scientists in high 
     energy density and laser physics.
       For advanced simulation and computing, the conference 
     agreement provides $729,847,000, a decrease of $8,185,000 
     from the budget request. The reduction in operating expenses 
     should be taken against lower priority activities. The 
     conference agreement allocates funding of $8,400,000 for 
     Project 01-D-101, the Distributed Information Systems 
     Laboratory at Sandia; $22,000,000 for Project 00-D-103, the 
     Terascale Simulation Facility at Livermore; and $13,377,000 
     for Project 00-D-107, the Joint Computational Engineering 
     Laboratory at Sandia. Each of these projects has experienced 
     significant reductions in prior years due to funding 
     constraints.
       For pit manufacturing and certification, the conference 
     agreement provides $219,000,000, an increase of $90,455,000 
     over the budget request of $128,545,000. On September 28, 
     2001, the NNSA Administrator notified the House and Senate 
     Committees on Appropriations that the fiscal year 2002 
     projected cost for pit manufacturing and certification was 
     $213,000,000. In addition, the conferees have provided the 
     budget request of $2,000,000 for pit manufacturing and 
     certification activities not specifically supporting the W88 
     and $4,000,000 for preconceptual design activities for a new 
     pit manufacturing facility. From within the funds provided, 
     the conference agreement includes full funding for 
     subcritical experiments to be performed at the Nevada Test 
     Site. Additional funding is provided within the Readiness in 
     Technical Base and Facilities program to support facilities 
     and activities critical to the success of the pit 
     manufacturing and certification campaign.
       For readiness campaigns, the conference agreement provides 
     $196,886,000, an increase of $31,869,000 over the budget 
     request. This includes, at a minimum, an additional 
     $24,000,000 for the Y-12 Plant in Oak Ridge, Tennessee. No 
     funding is provided for Project 98-D-126, Accelerator 
     Production of Tritium, the same as the budget request.
       For readiness in technical base and facilities, the 
     conference agreement provides $1,553,124,000, an increase of 
     $106,136,000 over the budget request, and includes several 
     funding adjustments.
       Within funds provided for operations of facilities, the 
     conferees direct that, at a minimum, an additional 
     $25,000,000 be provided for the Pantex Plant in Texas and an 
     additional $10,000,000 be provided for the Y-12 Plant in Oak 
     Ridge, Tennessee. The conference agreement also includes an 
     additional $10,000,000 for the Z machine refurbishment at 
     Sandia; $10,000,000 to consolidate and enhance counter-
     terrorism activities and programs at the National Center 
     for Combating Terrorism at the Nevada Test Site; and 
     $1,500,000 for technology partnerships with industry as 
     proposed by the Senate.
       The conference agreement does not provide additional 
     funding to process uranium-233 as proposed by the Senate. 
     This issue is addressed in the Energy Supply account.
       Within funds provided for program readiness, the conference 
     agreement includes additional funding of $10,000,000 for the 
     operation of pulsed power facilities at Sandia National 
     Laboratory. Additional funding of $9,094,000 above the budget 
     request is provided to maintain Nevada Test Site readiness 
     and maintain materials processing and component manufacturing 
     readiness consistent with the 1993 Presidential directive 
     concerning underground nuclear testing.
       Within funds provided for special projects, the conference 
     agreement includes $1,000,000 for the Remote Sensing 
     Laboratory to enhance pilot proficiency, aircraft safety, and 
     aviation support elements; $1,000,000 for final funding for 
     the tumor registry in the State of Nevada; $250,000 to 
     prepare a plan to preserve the history of the Manhattan 
     project; $1,000,000 for installation of exhibits at the 
     Atomic Testing History Institute; and the budget request for 
     the Los Alamos County Schools and the New Mexico Education 
     Enrichment Foundation.
       The conference agreement includes $90,310,000 for materials 
     recycling, $8,199,000 for containers, $10,643,000 for 
     storage, and $88,923,000 for nuclear weapons incident 
     response, as proposed by the Senate.
       For construction projects, the conference agreement 
     includes several adjustments to the budget request. Funding 
     of $22,830,000 is provided for Project 02-D-103, Project 
     Engineering and Design (PE&D), including $4,000,000 for 
     architecture and engineering services for modernization of 
     surface support facilities for the U1A complex at the Nevada 
     Test Site; $4,750,000 for Project 02-D-105, Engineering 
     Technology Complex Upgrade at Livermore; $3,507,000 for 
     Project 02-D-107, Electrical Power Systems Upgrades at the 
     Nevada Test Site; $16,379,000 for Project 01-D-103, PE&D, 
     including $2,693,000 for electrical power systems upgrades at 
     the Nevada Test Site; $67,000,000 for Project 01-D-108, 
     Microsystems and Engineering Sciences Applications Complex at 
     Sandia; and $2,000,000 for Project 99-D-108, Renovate 
     Existing Roadways at the Nevada Test Site. No funds are 
     provided for Project 01-D-124, HEU Storage Facility at the Y-
     12 Plant in Tennessee.
       Funding of $3,300,000 is provided for Project 01-D-107, 
     Atlas Relocation at the Nevada Test Site. The total estimated 
     cost of this project has increased by $4,123,000 to 
     $16,312,000.
       Facilities and Infrastructure.--The conference agreement 
     includes $200,000,000 to establish a new program for 
     facilities and infrastructure (F&I). The Department had 
     requested no funding for this program. The conferees agree 
     with the House report language on the F&I program and direct 
     that at least 25 percent of this funding be used to dispose 
     of excess facilities that will provide the greatest impact on 
     reducing long-term costs and risks.
       Secure Transportation Asset.--The conference agreement 
     provides $123,300,000 as proposed by the Senate, an increase 
     of $1,500,000 over the budget request.
       Safeguards and security.--The conference agreement includes 
     $448,881,000, the same as the budget request, for safeguards 
     and security activities at laboratories and facilities 
     managed by the National Nuclear Security Administration.
       Program direction.--The budget request included 
     $271,137,000 for program direction activities in this 
     account. The conference agreement transfers this funding to 
     the Office of the NNSA Administrator account.
       Funding adjustments.--The conference agreement includes an 
     adjustment of $28,985,000 for a security charge for 
     reimbursable work, as proposed in the budget, and a general 
     reduction of $80,000,000.

                    Defense Nuclear Nonproliferation

       The conference agreement provides $803,586,000 for Defense 
     Nuclear Nonproliferation instead of $845,341,000 as proposed 
     by the House and $880,500,000 as proposed by the Senate. The 
     Administration's budget request for Defense Nuclear 
     Nonproliferation was $773,700,000 which included $51,459,000 
     for program direction activities. The conference 
     recommendation transfers all program direction funding to the 
     Office of the NNSA Administrator account which has the effect 
     of reducing the budget request for Defense Nuclear 
     Nonproliferation to $722,241,000. Thus, the conference 
     recommendation is an increase of $81,345,000 over the budget 
     request.
       Statutory language proposed by the Senate to earmark 
     funding for official reception and representation expenses 
     has not been included. This activity is funded in the Office 
     of the NNSA Administrator account.
       Limitation on Russian and Newly Independent States' (NIS) 
     program funds.--The conferees are concerned about the amount 
     of funding for Russian and NIS programs which remains in the 
     United States for Department of Energy contractors and 
     laboratories rather than going to the facilities in Russia 
     and the NIS. The conferees expect the Department to continue 
     to increase the level of funding provided to Russia versus 
     the funding which remains in the United States for Department 
     of Energy contractors and laboratories in each subsequent 
     year. The conferees direct the Department to apply the lowest 
     possible laboratory overhead rates and to increase the 
     percent of funding spent in Russia. The Department is to 
     provide a report to the House and Senate Committees on 
     Appropriations by January 31, 2002, and each subsequent year 
     on the amount of funding provided to Russia and NIS in each 
     program area. The Department should work with the 
     Committees on the specific information to be included in 
     the report.
       Nonproliferation and verification research and 
     development.--The conference agreement provides $244,306,000 
     for nonproliferation and verification research and 
     development. This includes $19,510,900 for ground-based 
     systems for treaty monitoring, an increase of $7,000,000 over 
     the budget request. From within available funds, $4,000,000 
     is provided to establish the Remote Systems Test and 
     Engineering Center at the Remote Sensing Laboratory and 
     $2,500,000 for the Incorporated Research Institutions for 
     Seismology PASSCAL Instrument Center. The Department is urged 
     to review the potential value of the Caucasus Seismic 
     Information Network to the nuclear explosion monitoring 
     national security mission.
       The conferees continue to support more opportunity for open 
     competition in appropriate areas of the nonproliferation and 
     verification research and development program. The conferees 
     expect the Department to continue to implement 
     recommendations provided by the external review group in 
     support of open competition and direct the Department to 
     initiate a free and open competitive process for at least 25 
     percent of its research and development activities during 
     fiscal year 2002 for ground-based systems treaty monitoring. 
     The competitive process should be open to all Federal and 
     non-Federal entities.
       Arms control.--The conference agreement provides 
     $75,741,000 for arms control activities, instead of the 
     budget request of

[[Page H7494]]

     $101,500,000, due to several funding transfers. The 
     conference agreement transfers $4,000,000 for the Second Line 
     of Defense program to the International Materials Protection, 
     Control and Accounting program. Funding of $28,759,000 for 
     the NIS nonproliferation program for the Initiatives for 
     Proliferation Prevention and the Nuclear Cities Initiative 
     has been transferred to a new program, ``Russian Transition 
     Initiatives.'' Funding of $15,945,000, an increase of 
     $7,000,000 over the budget request, has been provided for 
     spent nuclear fuel activities in Kazakhstan. No additional 
     funds are provided for spent nuclear fuel storage and a 
     geologic repository in Russia.
       International materials protection, control and accounting 
     (MPC&A).--The conference agreement includes $173,000,000 for 
     the MPC&A program including $4,000,000 for the Second Line of 
     Defense program which was transferred from the Arms Control 
     program.
       Russian Transition Initiatives.--The conference agreement 
     provides $42,000,000 for the Initiatives for Proliferation 
     Prevention program and the Nuclear Cities Initiative. These 
     programs were transferred from the arms control program. The 
     conferees expect the Department to provide a single program 
     manager responsible for both programs and have provided the 
     Department the flexibility to allocate the funding between 
     the two programs. The program manager should also ensure 
     close coordination with other Federal agencies that direct 
     money to scientists working in closed cities.
       HEU transparency implementation.--The conference agreement 
     provides $13,950,000, the same as the budget request.
       International nuclear safety.--The conference agreement 
     provides $10,000,000 for the international nuclear safety 
     program, a reduction of $3,800,000 from the budget request. 
     This funding is to be used only for activities in support of 
     completing the upgrades to Soviet-designed nuclear reactors. 
     From within available funds, the conference agreement 
     provides $1,500,000 to transfer and implement proven U.S.-
     developed Mechanical Stress Improvement Process technology 
     requested by the Russian Federation. The Department is to 
     provide a status report on the progress of this project by 
     March 31, 2002.
       Fissile materials disposition.--The conference agreement 
     provides $302,422,000 for fissile materials disposition, an 
     increase of $12,333,000 over the budget request. Limitations 
     on the amount of funding which remains in the United States 
     shall not apply to the fissile material disposition programs.
       The conference agreement includes $5,000,000 to support the 
     joint United States-Russian program to develop an advanced 
     reactor for plutonium disposition. The United States should 
     take advantage of this technology for a possible next 
     generation nuclear power reactor for United States and 
     foreign markets. Therefore, the Department should explore 
     opportunities to develop and exploit this technology for 
     commercial purposes.
       The conferees are concerned that the Administration's 
     consideration of alternative plutonium disposition and 
     management scenarios, combined with a much lower than 
     expected budget request, have introduced substantial 
     instability into both the Russian and U.S. components of the 
     plutonium disposition program. The conferees regard this 
     program as one of the most important nonproliferation 
     initiatives undertaken between the United States and Russia. 
     It is also closely integrated into the Department's 
     environmental cleanup and material management programs. The 
     instabilities injected into this program are jeopardizing the 
     future of this program, both in this country and in Russia, 
     and may result in the permanent loss of this significant 
     opportunity.
       The conferees understand that the issue of plutonium 
     disposition at the Savannah River Site will be fully 
     addressed in the Fiscal Year 2002 Defense Authorization Act. 
     However, the conferees direct the Secretary of Energy to 
     consult with the Governor of the State of South Carolina 
     regarding any decisions or plans of the Secretary related to 
     the disposition of surplus defense plutonium located at the 
     Savannah River Site. The Secretary is also directed to submit 
     to Congress a plan for disposal of surplus defense plutonium 
     currently located at the Savannah River site and for disposal 
     of defense plutonium and defense plutonium materials to be 
     shipped to the Savannah River Site in the future. This plan 
     is due by February 1, 2002.
       The conferees further direct the Secretary to provide 30 
     days notice to the House and Senate Committees on 
     Appropriations before resuming shipments of defense plutonium 
     and defense plutonium materials to the Savannah River Site.
       Until further approval from the Committees on 
     Appropriations, the conferees expect that funds set aside for 
     plutonium disposition in Public Law 105-227, the Omnibus 
     Consolidated and Emergency Supplemental Appropriations Act, 
     1999, shall only be used in a manner consistent with the 
     current plutonium disposition program.
       At the request of the Department, the conference agreement 
     makes the following changes to the Department's budget 
     request. Funding of $5,000,000 is reallocated from Project 
     99-D-141, the Pit Disassembly and Conversion Facility, to 
     operating expenses in support of this project. Funding of 
     $29,340,000, an increase of $5,340,000 over the budget 
     request, is provided for Project 01-D-407, the HEU Blend Down 
     Project. Funding of $65,993,000, an increase of $2,993,000 
     over the budget request, is provided for Project 99-D-143, 
     the Mixed Oxide Fuel Fabrication Facility. These increases 
     totaling $8,333,000 are funded through balances remaining 
     from prior year construction projects.
       Program direction.--The budget request included $51,459,000 
     for program direction activities in this account. The 
     conference agreement transfers this funding to the Office of 
     the NNSA Administrator account.
       Funding adjustments.--The conference agreement includes 
     funding adjustments of $57,833,000. This includes the use of 
     $42,000,000 of prior year balances, as requested in the 
     budget; $8,333,000 from prior year balances in fissile 
     materials disposition construction projects; and $7,500,000 
     from prior year unobligated and uncosted balances.

                             Naval Reactors

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

                      Office of the Administrator

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

           Environmental and Other Defense Related Activities


         DEFENSE ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT

       The conference agreement provides $5,234,576,000 for 
     Defense Environmental Restoration and Waste Management 
     instead of $5,174,539,000 as proposed by the House and 
     $5,389,868,000 as proposed by the Senate. Additional funding 
     of $1,092,878,000 is contained in the Defense Facilities 
     Closure Projects account and $153,537,000 in the Defense 
     Environmental Management Privatization account for a total of 
     $6,480,991,000 provided for all defense environmental 
     management activities.
       The conference agreement provides for the purchase of not 
     to exceed 30 passenger motor vehicles as proposed by the 
     House.
       The conferees believe the significant cleanup issues before 
     the Department at the Paducah Gaseous Diffusion Plant in 
     Kentucky require continued strong management oversight from 
     Headquarters. The conferees direct that the Secretary provide 
     for the management of environmental matters (including 
     planning and budgetary activities) with respect to the plant 
     through the Assistant Secretary of Energy for Environmental 
     Management. The Assistant Secretary shall ensure that direct 
     communication and thorough consultation exists at all times 
     between herself and the head of the Paducah environmental 
     cleanup programs on all relevant matters.
       Low level waste disposal.--The conferees agree that the 
     Department, where cost-effective, should use existing Federal 
     contracts for the disposal of low-level and mixed low-level 
     waste at commercial off-site disposal facilities. Further, 
     before proceeding with any new on-site disposal cell, the 
     Department is directed to submit to the House and Senate 
     Committees on Appropriations an objective analysis comparing 
     the life-cycle costs of on-site versus off-site disposal 
     alternatives. Such analysis must address the concerns 
     identified by the General Accounting Office in its recent 
     report (GAO-01-441), which found that the Department has not 
     made accurate estimates of waste volumes and transportation 
     costs when comparing on-site versus off-site alternatives.
       Site/Project Completion.--The conference agreement provides 
     additional funding to mitigate funding shortfalls at the 
     following sites: $18,000,000 for the Idaho site; $20,000,000 
     for the Savannah River Site in South Carolina; $34,300,000 
     for the Hanford site in Richland, Washington; and $7,000,000 
     for South Valley, Kansas City, Pantex, and Sandia.
       The conference agreement includes $9,000,000 to expedite 
     the remediation and conveyance of up to 2000 acres of land 
     for the use of Pueblo of San Ildefonso and approximately 100 
     acres to the County of Los Alamos consistent with the 
     direction of section 632 of Public Law 105-119.
       Funding of $20,000,000 has been provided for a new 
     construction project, Project 02-D-420, Plutonium Packaging 
     and Stabilization, at the Savannah River Site. At the request 
     of the Department, the conference agreement consolidates 
     funding from the following sources for this project: 
     $7,500,000 from current and prior year balances in Project 
     01-D-414, Project Engineering and Design (PE&D); $4,000,000 
     from prior year balances available from cancellation of 
     Project 01-D-415, 235-F Packaging and Stabilization project; 
     and $8,500,000 from prior year balances provided to the 
     Savannah River Site in fiscal year 2001 for plutonium 
     stabilization activities.
       Funding of $2,754,000 is provided for Project 01-D-414, 
     Project Engineering and Design, as proposed by the House.

[[Page H7495]]

       Post 2006 Completion.--The conference agreement provides 
     additional funding over the budget request for several 
     activities. Additional funding of $105,000,000 is provided 
     for the Idaho site. From within these funds, $15,000,000 is 
     to initiate activities associated with the demonstration of 
     waste retrieval at the subsurface disposal area at the Idaho 
     National Engineering and Environmental Laboratory (INEEL); 
     $700,000 is to continue conceptual design activities for a 
     subsurface geosciences laboratory at Idaho; $4,000,000 is for 
     the Subsurface Science Research Institute operated by the 
     Inland Northwest Research Alliance and the INEEL; and up to 
     $750,000 is to evaluate the need for a remote-handled 
     transuranic waste facility at ANL-West and initiate 
     conceptual design if needed.
       The conferees encourage the Department of Energy to use 
     alternative dispute resolution to resolve claims relating to 
     the contract dispute on Pit 9 at Idaho.
       Additional funding of $125,000,000 is provided for the 
     Savannah River Site in South Carolina. From within available 
     funds, $8,000,000 is provided for the Savannah River Ecology 
     Laboratory, an increase of $2,000,000 over the budget 
     request, and $800,000 is provided to continue the 
     Department's relationship with the University of South 
     Carolina's Center for Water Resources.
       Additional funding of $110,000,000 is provided for the 
     Hanford site in Richland, Washington, to support the River 
     Corridor Initiative. From within available funds, $8,481,000 
     is provided for the hazardous waste worker training program, 
     an increase of $7,481,000 over the budget request, and 
     $600,000 is provided for State of Oregon oversight 
     activities. The Department is expected to continue making 
     PILT payments at last year's level to counties that have the 
     Hanford reservation within their boundaries.
       Additional funding of $3,400,000 is provided for cleanup 
     activities at the Nevada Test Site and $3,000,000 to continue 
     the underground test area groundwater flow characterization 
     drilling program.
       Additional funding of $10,000,000 is provided to continue 
     remediation, waste management, and nuclear materials 
     stewardship activities at Los Alamos National Laboratory and 
     to support New Mexico State Agreements-in-Principal 
     requirements.
       Additional funding of $10,000,000 is provided for cleanup 
     activities at the Lawrence Livermore National Laboratory.
       Additional funding of $28,100,000 is provided to the 
     Carlsbad field office. This includes $17,100,000 for Waste 
     Isolation Pilot Plant (WIPP) operations; $7,000,000 to 
     implement program-wide best practices to optimize waste 
     processing, develop new technology solutions, and develop a 
     mobile/modular approach for small quantity sites; $3,000,000 
     to continue the U.S.-Mexico Border Health Commission/
     Materials Corridor Partnership Initiative; and $1,000,000 for 
     research, development, and initial demonstration in support 
     of an experiment to be conducted at WIPP to evaluate the mass 
     of the neutrino.
       Office of River Protection.--The conference agreement 
     provides $1,033,468,000, an increase of $221,000,000 over the 
     budget request, for the Office of River Protection at the 
     Hanford site in Washington. Funding of $665,000,000 has been 
     provided for Project 01-D-416, the Hanford Waste Treatment 
     Plant, to vitrify the high-level waste in underground tanks.
       While the conferees share Washington State's concern 
     regarding the Administration's inadequate budget request for 
     the Office of River Protection and Hanford cleanup activities 
     and recognize the right of the State to levy fines under the 
     Tri-Party Agreement, the conferees question the 
     constructiveness of the State's imposition of weekly fines 
     due to the Department's failure to begin construction on the 
     waste treatment plant. As demonstrated in this conference, 
     the conferees continue to adequately support this project and 
     believe the weekly fines may only be serving to distract site 
     managers from the mission of cleanup.
       Science and technology development.--The conference 
     agreement provides $255,768,000 for the science and 
     technology development program. The conference agreement 
     provides $4,000,000 for the next round of new and innovative 
     research grants in the environmental management science 
     program in fiscal year 2002.
       The conference agreement includes $4,000,000 for the 
     international agreement with AEA Technology; $7,000,000 for 
     the Department's cooperative agreement with the Florida 
     International University; $27,100,000 for the D&D focus area 
     program; $33,800,000 for industry and university programs; 
     $5,000,000 for the Western Environmental Technology Office; 
     $4,000,000 to continue evaluation, development and 
     demonstration of the Advanced Vitrification System; 
     $3,000,000 to continue engineering, development and 
     deployment of remote monitoring systems for the underground 
     test area; $5,000,000 for the Diagnostic Instrumentation and 
     Analysis Laboratory; and $4,350,000 for the university 
     robotics research program.
       Limitation on multi-year funding agreements.--The 
     Department is directed not to sign any new funding agreement 
     that commits more than one year of funding for science and 
     technology activities with any entity. The following types of 
     agreements are exempt from this direction: basic and applied 
     research projects that have been competitively awarded; 
     competitively awarded science and technology projects that 
     are phased such that funding for the succeeding phases is 
     contingent upon successful performance, continued scientific 
     merit, and mission relevance of the work to environmental 
     management; and projects requiring significant infrastructure 
     investment which will be cost shared between the Department 
     and the performing entity. For new science and technology 
     projects not meeting one of the above exemptions, the 
     Department shall provide written notification to the 
     Committees of its intent to enter into an agreement that 
     commits more than one year of funding a minimum of 60 days 
     prior to award. This notification must provide a detailed 
     description of the project, the expected benefits, and a 
     justification for multiple year funding.
       Excess facilities.--The conference agreement includes 
     $5,000,000, an increase of $3,700,000 over the budget 
     request, for excess facilities. These funds are to be used to 
     initiate D&D of excess facilities owned by the environmental 
     management program.
       Safeguards and security.--The conference agreement includes 
     $205,621,000, the same as the budget request, for safeguards 
     and security activities at laboratories and facilities 
     managed by the Office of Environmental Management.
       Program direction.--The conferees have provided 
     $355,761,000, the same as the budget request, for the program 
     direction account.
       Funding adjustments.--The conference agreement includes the 
     use of $56,770,000 of prior year balances, an increase of 
     $20,000,000 over the budget request, which funds Project 02-
     D-420 at the Savannah River Site. A security charge for 
     reimbursable work of $5,391,000, the same as the budget 
     request, is included, and a general reduction of $92,110,000, 
     due to funding constraints.


                  defense facilities closure projects

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


             Defense environmental management privatization

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

                        Other Defense Activities

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


                   Security and Emergency Operations

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


                              Intelligence

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


                          Counterintelligence

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


                   Advanced Accelerator Applications

       The conference agreement provides $50,000,000 to continue 
     research on advanced accelerator applications, including 
     $4,500,000

[[Page H7496]]

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


            Independent Oversight and Performance Assurance

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


                Environment, Safety and Health (Defense)

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


                    Worker and Community Transition

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


           National Security Programs Administrative Support

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


                     Office of Hearings and Appeals

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


                          Funding Adjustments

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

                     Defense Nuclear Waste Disposal

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

                    Power Marketing Administrations


                  BONNEVILLE POWER ADMINISTRATION FUND

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


      OPERATION AND MAINTENANCE, SOUTHEASTERN POWER ADMINISTRATION

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


      OPERATION AND MAINTENANCE, SOUTHWESTERN POWER ADMINISTRATION

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


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

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


           FALCON AND AMISTAD OPERATING AND MAINTENANCE FUND

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

                  Federal Energy Regulatory Commission


                         salaries and expenses

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

                           GENERAL PROVISIONS

                          DEPARTMENT OF ENERGY

       Sec. 301. The conference agreement includes a provision 
     proposed by the House that none of the funds may be used to 
     award a management and operating contract unless such 
     contract is awarded using competitive procedures, or the 
     Secretary of Energy grants a waiver to allow for such a 
     deviation. At least 60 days before the Secretary grants such 
     a waiver, the Secretary must submit a report setting forth, 
     in specificity, the substantive reasons why the requirement 
     for competition should be waived. This language slightly 
     modifies a provision carried in previous Energy and Water 
     Development Appropriations Acts.
       Sec. 302. The conference agreement includes a provision 
     proposed by the House and Senate that none of the funds may 
     be used to prepare or implement workforce restructuring plans 
     or provide enhanced severance payments and other benefits and 
     community assistance grants for Federal employees of the 
     Department of Energy under section 3161 of the National 
     Defense Authorization Act of Fiscal Year 1993, Public Law 
     102-484. This provision has been carried in previous Energy 
     and Water Development Appropriations Acts.
       Sec. 303. The conference agreement includes a provision 
     proposed by the Senate that none of the funds may be used to 
     augment the $20,000,000 made available for obligation for 
     severance payments and other

[[Page H7497]]

     benefits and community assistance grants unless the 
     Department of Energy submits a reprogramming request subject 
     to approval by the appropriate Congressional committees. This 
     provision has been carried in previous Energy and Water 
     Development Appropriations Acts.
       Sec. 304. The conference agreement includes a provision 
     proposed by the House and Senate that none of the funds may 
     be used to prepare or initiate Requests for Proposals for a 
     program if the program has not been funded by Congress in the 
     current fiscal year. This provision also precludes the 
     Department from initiating activities for new programs which 
     have been proposed in the budget request, but which have not 
     yet been funded by Congress. This provision has been carried 
     in previous Energy and Water Development Appropriations Acts.


                   (Transfers of Unexpended Balances)

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

                       Conference Recommendations

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

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                                TITLE IV

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

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

                Defense Nuclear Facilities Safety Board


                         salaries and expenses

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

                        Delta Regional Authority


                         salaries and expenses

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

                           Denali Commission

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

                     Nuclear Regulatory Commission


                         salaries and expenses

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


                      Office of Inspector General

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

                  Nuclear Waste Technical Review Board


                         salaries and expenses

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

                                TITLE V

                           GENERAL PROVISIONS

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

                   Conference Total--With Comparisons

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

                       [In thousands of dollars]

New budget (obligational) authority, fiscal year 2001.......$24,512,565
Budget estimates of new (obligational) authority, fiscal year23,008,002
House bill, fiscal year 2002.................................24,195,000
Senate bill, fiscal year 2002................................25,448,837
Conference agreement, fiscal year 2002.......................25,086,000
Conference agreement compared with:
  New budget (obligational) authority, fiscal year 2001........+573,435
  Budget estimates of new (obligational) authority, fiscal ye+2,077,998
  House bill, fiscal year 2002.................................+891,000
  Senate bill, fiscal year 2002................................-362,837

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

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

                          ____________________