[Congressional Record (Bound Edition), Volume 145 (1999), Part 16]
[House]
[Pages 22717-22802]
[From the U.S. Government Publishing Office, www.gpo.gov]



     CONFERENCE REPORT ON H.R. 2605, ENERGY AND WATER DEVELOPMENT 
                        APPROPRIATIONS ACT, 2000

  Mr. YOUNG of Florida submitted the following conference report and 
statement on the bill (H.R. 2605) making appropriations for energy and 
water development for the fiscal year ending September 30, 2000, and 
for other purposes:

                  Conference Report (H. Rept. 106-336)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the Senate to the bill (H.R. 
     2605) ``making appropriations for energy and water 
     development for the fiscal year ending September 30, 2000, 
     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, 2000, 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, 
     $161,994,000, to remain available until expended: Provided, 
     That the Secretary of the Army, acting through the Chief of 
     Engineers, is directed to use the remaining unobligated funds 
     appropriated in Public Law 102-377 for the Red River 
     Waterway, Shreveport, Louisiana, to Daingerfield, Texas, 
     project for the feasibility phase of the Red River 
     Navigation, Southwest Arkansas, study.

                         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), 
     $1,400,722,000, 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 25, Mississippi 
     River, Illinois and Missouri; Lock and Dam 14, Mississippi 
     River, Iowa; Lock and Dam 24, Mississippi River, Illinois and 
     Missouri; and Lock and Dam 3, Mississippi River, Minnesota; 
     London Locks and Dam; Kanawha River, West Virginia; and Lock 
     and Dam 12, Mississippi River, Iowa, projects; and of which 
     funds are provided for the following projects in the amounts 
     specified:
       Indianapolis Central Waterfront, Indiana, $8,000,000;
       Harlan/Clover Fork including grading and landscaping of the 
     disposal site at the Harlan floodwall, Pike County, 
     Middlesboro, Martin County, Pike County Tug Forks 
     Tributaries, Bell County, Harlan County, and Town of Martin 
     elements of the Levisa and Tug Forks of the Big Sandy River 
     and Upper Cumberland River project in Kentucky, $14,050,000;
       Jackson County, Mississippi, $800,000;
       Natchez Bluff, Mississippi, $2,000,000;
       Passaic River Streambank Restoration, New Jersey, 
     $6,000,000; and
       Upper Mingo County (including Mingo County Tributaries), 
     Lower Mingo County (Kermit), Wayne County, and McDowell 
     County, elements of the Levisa and Tug Forks of the Big Sandy 
     River and Upper Cumberland River project in West Virginia, 
     $4,400,000:
       Provided, That no part of any appropriation contained in 
     this Act shall be expended or obligated to begin Phase II on 
     the John Day Drawdown study or to initiate a study of the 
     drawdown of McNary Dam unless authorized by law: Provided 
     further, That the Secretary of the Army, acting through the 
     Chief of Engineers, may use $1,500,000 of funding 
     appropriated herein to initiate construction of shoreline 
     protection measures at Assateague Island, Maryland, subject 
     to execution of an agreement for reimbursement by the 
     National Park Service: Provided further, That the Secretary 
     of the Army, acting through the Chief of Engineers, may use 
     Construction, General funding as directed in Public Law 105-
     62 and Public Law 105-245 to initiate construction of an 
     emergency outlet from Devils Lake, North Dakota, to the 
     Sheyenne River, except that the funds shall not become 
     available unless the Secretary of the Army determines that an 
     emergency (as defined in section 102 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5122)) exists with respect to the emergency need for 
     the outlet and reports to Congress that the construction is 
     technically sound, economically justified, and 
     environmentally acceptable and in compliance with the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.): Provided further, That the economic justification

[[Page 22718]]

     for the emergency outlet shall be prepared in accordance with 
     the principles and guidelines for economic evaluation as 
     required by regulations and procedures of the Army Corps of 
     Engineers for all flood control projects, and that the 
     economic justification be fully described, including the 
     analysis of the benefits and costs, in the project plan 
     documents: Provided further, That the plans for the emergency 
     outlet shall be reviewed and, to be effective, shall contain 
     assurances provided by the Secretary of State, after 
     consultation with the International Joint Commission, that 
     the project will not violate the requirements or intent of 
     the Treaty Between the United States and Great Britain 
     Relating to Boundary Waters Between the United States and 
     Canada, signed at Washington January 11, 1909 (36 Stat. 2448; 
     TS 548) (commonly known as the ``Boundary Waters Treaty of 
     1909''): Provided further, That the Secretary of the Army 
     shall submit the final plans and other documents for the 
     emergency outlet to Congress: Provided further, That no funds 
     made available under this Act or any other Act for any fiscal 
     year may be used by the Secretary of the Army to carry out 
     the portion of the feasibility study of the Devils Lake 
     Basin, North Dakota, authorized under the Energy and Water 
     Development Appropriations Act, 1993 (Public Law 102-377), 
     that addresses the needs of the area for stabilized lake 
     levels through inlet controls, or to otherwise study any 
     facility or carry out any activity that would permit the 
     transfer of water from the Missouri River Basin into Devils 
     Lake.

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

       For expenses necessary for prosecuting work of flood 
     control, and rescue work, repair, restoration, or maintenance 
     of flood control projects threatened or destroyed by flood, 
     as authorized by law (33 U.S.C. 702a and 702g-1), 
     $309,416,000, to remain available until expended.

                   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, $1,853,618,000, 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 no funds, whether 
     appropriated, contributed, or otherwise provided, shall be 
     available to the United States Army Corps of Engineers for 
     the purpose of acquiring land in Jasper County, South 
     Carolina, in connection with the Savannah Harbor navigation 
     project.

                           Regulatory Program

       For expenses necessary for administration of laws 
     pertaining to regulation of navigable waters and wetlands, 
     $117,000,000, to remain available until expended: Provided, 
     That the Secretary of the Army, acting through the Chief of 
     Engineers, is directed to use $5,000,000 of funds 
     appropriated herein to fully implement an administrative 
     appeals process for the Corps of Engineers Regulatory 
     Program, which administrative appeals process shall provide 
     for a single-level appeal of jurisdictional determinations: 
     Provided further, That the Secretary of the Army, acting 
     through the Chief of Engineers, shall, using funds provided 
     herein, prepare studies and analyses of the impacts on 
     Regulatory Branch workload and on cost of compliance by the 
     regulated community of proposed replacement permits for the 
     nationwide permit 26 under section 404 of the Clean Water Act 
     and shall submit a report based upon the aforementioned 
     studies and analyses to the Committees on Appropriations of 
     the House and Senate, the Transportation and Infrastructure 
     Committee of the House, and the Committee on Environment and 
     Public Works of the Senate.

            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, 
     $150,000,000, to remain available until expended.

                            General Expenses

       For expenses necessary for general administration and 
     related functions in the Office of the Chief of Engineers and 
     offices of the Division Engineers; activities of the Coastal 
     Engineering Research Board, the Humphreys Engineer Center 
     Support Activity, the Water Resources Support Center, and 
     headquarters support functions at the USACE Finance Center, 
     $149,500,000, 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 Provision

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

                           GENERAL PROVISIONS

                       Corps of Engineers--Civil

       Sec. 101. Notwithstanding any other provisions of law, no 
     fully allocated funding policy shall be applied to projects 
     for which funds are identified in the Committee reports 
     accompanying this Act under the Construction, General; 
     Operation and Maintenance, General; and Flood Control, 
     Mississippi River and Tributaries, appropriation accounts: 
     Provided, That the Secretary of the Army, acting through the 
     Chief of Engineers, is directed to undertake these projects 
     using continuing contracts, as authorized in section 10 of 
     the Rivers and Harbors Act of September 22, 1922 (33 U.S.C. 
     621).
       Sec. 102. Agreements proposed for execution by the 
     Assistant Secretary of the Army for Civil Works or the U.S. 
     Army Corps of Engineers after the date of the enactment of 
     this Act pursuant to section 4 of the Rivers and Harbor Act 
     of 1915, Public Law 64-291; section 11 of the River and 
     Harbor Act of 1925, Public Law 68-585; the Civil Functions 
     Appropriations Act, 1936, Public Law 75-208; section 215 of 
     the Flood Control Act of 1968, as amended, Public Law 90-483; 
     sections 104, 203, and 204 of the Water Resources Development 
     Act of 1986, as amended (Public Law 99-662); section 206 of 
     the Water Resources Development Act of 1992, as amended, 
     Public Law 102-580; section 211 of the Water Resources 
     Development Act of 1996, Public Law 104-303, and any other 
     specific project authority, shall be limited to credits and 
     reimbursements per project not to exceed $10,000,000 in each 
     fiscal year, and total credits and reimbursements for all 
     applicable projects not to exceed $50,000,000 in each fiscal 
     year.
       Sec. 103. None of the funds made available in this Act may 
     be used to revise the Missouri River Master Water Control 
     Manual when it is made known to the Federal entity or 
     official to which the funds are made available that such 
     revision provides for an increase in the springtime water 
     release program during the spring heavy rainfall and snow 
     melt period in States that have rivers draining into the 
     Missouri River below the Gavins Point Dam.

                                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, and for activities related to the 
     Uintah and Upalco Units authorized by 43 U.S.C. 620, 
     $38,049,000, to remain available until expended, of which 
     $15,476,000 shall be deposited into the Utah Reclamation 
     Mitigation and Conservation Account: Provided, That of the 
     amounts deposited into that account, $5,000,000 shall be 
     considered the Federal contribution authorized by paragraph 
     402(b)(2) of the Central Utah Project Completion Act and 
     $10,476,000 shall be available to the Utah Reclamation 
     Mitigation and Conservation Commission to carry out 
     activities authorized under that Act.
       In addition, for necessary expenses incurred in carrying 
     out related responsibilities of the Secretary of the 
     Interior, $1,321,000, 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, 
     $607,927,000, to remain available until expended, of which 
     $2,247,000 shall be available for transfer to the Upper 
     Colorado River Basin Fund and $24,089,000 shall be available 
     for transfer to the Lower Colorado River Basin Development 
     Fund, and of which such amounts as may be necessary may be 
     advanced to the Colorado River Dam Fund: Provided, That such 
     transfers may be increased or decreased within the overall 
     appropriation under this heading: Provided further, That of 
     the total appropriated, the amount for program activities 
     that can be financed by the Reclamation Fund or the Bureau of 
     Reclamation special fee account established by 16 U.S.C. 
     460l-6a(i) shall be derived from that Fund or account: 
     Provided further, That funds contributed under 43 U.S.C. 395 
     are available until expended for the purposes for which 
     contributed: Provided further, That funds advanced under 43 
     U.S.C. 397a shall be credited to this account and are 
     available until expended for the same purposes as the sums 
     appropriated under this heading: Provided further, That funds 
     available for expenditure for the Departmental Irrigation 
     Drainage Program may be expended by the Bureau of Reclamation 
     for site remediation on a non-reimbursable basis: Provided 
     further, That section 301 of Public Law 102-250, Reclamation 
     States Emergency Drought Relief Act of 1991, as

[[Page 22719]]

     amended by Public Law 104-206, is amended further by 
     inserting ``1999, and 2000'' in lieu of ``and 1997'': 
     Provided further, That the amount authorized for Indian 
     municipal, rural, and industrial water features by section 10 
     of Public Law 89-108, as amended by section 8 of Public Law 
     99-294, section 1701(b) of Public Law 102-575, and Public Law 
     105-245, is increased by $1,000,000 (October 1998 prices).


               bureau of reclamation loan program account

       For the cost of direct loans and/or grants, $12,000,000, 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 $43,000,000.
       In addition, for administrative expenses necessary to carry 
     out the program for direct loans and/or grants, $425,000, to 
     remain available until expended: Provided, That of the total 
     sums appropriated, the amount of program activities that can 
     be financed by the Reclamation Fund shall be derived from 
     that Fund.


                central valley project restoration fund

       For carrying out the programs, projects, plans, and habitat 
     restoration, improvement, and acquisition provisions of the 
     Central Valley Project Improvement Act, $42,000,000, 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.


                    california bay-delta restoration

                     (including transfer of funds)

       For necessary expenses of the Department of the Interior 
     and other participating Federal agencies in carrying out 
     ecosystem restoration activities pursuant to the California 
     Bay-Delta Environmental Enhancement Act and other activities 
     that are in accord with the CALFED Bay-Delta Program, 
     including projects to improve water use efficiency, water 
     quality, groundwater and surface storage, levees, conveyance, 
     and watershed management, consistent with plans to be 
     approved by the Secretary of the Interior, in consultation 
     with such Federal agencies, $60,000,000, to remain available 
     until expended, of which $30,000,000 shall be used for 
     ecosystem restoration activities and $30,000,000 shall be 
     used for such other activities, and of which such amounts as 
     may be necessary to conform with such plans shall be 
     transferred to appropriate accounts of such Federal agencies: 
     Provided, That no more than $5,000,000 of the funds 
     appropriated herein may be used for planning and management 
     activities associated with developing the overall CALFED Bay-
     Delta Program and coordinating its staged implementation: 
     Provided further, That funds for ecosystem restoration 
     activities may be obligated only as non-Federal sources 
     provide their share in accordance with the cost-sharing 
     agreement required under section 1101(d) of such Act, and 
     that funds for such other activities may be obligated only as 
     non-Federal sources provide their share in a manner 
     consistent with such cost-sharing agreement: Provided 
     further, That such funds may be obligated prior to the 
     completion of a final programmatic environmental impact 
     statement only if: (1) consistent with 40 CFR 1506.1(c); and 
     (2) used for purposes that the Secretary finds are of 
     sufficiently high priority to warrant such an expenditure.


                       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, 
     $47,000,000, 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 provisions

       Sec. 201. Appropriations for the Bureau of Reclamation 
     shall be available for purchase of not to exceed six 
     passenger motor vehicles for replacement only.
       Sec. 202. Funds under this title for Drought Emergency 
     Assistance shall be made available primarily for leasing of 
     water for specified drought related purposes from willing 
     lessors, in compliance with existing State laws and 
     administered under State water priority allocation. Such 
     leases may be entered into with an option to purchase: 
     Provided, That such purchase is approved by the State in 
     which the purchase takes place and the purchase does not 
     cause economic harm within the State in which the purchase is 
     made.

                               TITLE III

                          DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                             Energy Supply


                     (including transfer of funds)

       For Department of Energy expenses including the purchase, 
     construction and acquisition of plant and capital equipment, 
     and other expenses necessary for energy supply, and uranium 
     supply and enrichment activities in carrying out the purposes 
     of the Department of Energy Organization Act (42 U.S.C. 7101 
     et seq.), including the acquisition or condemnation of any 
     real property or any facility or for plant or facility 
     acquisition, construction, or expansion; and the purchase of 
     not to exceed one passenger motor vehicle for replacement 
     only, $644,937,953, of which $820,953 shall be derived by 
     transfer from the Geothermal Resources Development Fund, and 
     of which $5,000,000 shall be derived by transfer from the 
     United States Enrichment Corporation Fund.

                  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, $333,618,000, to 
     remain available until expended.

      Uranium Enrichment Decontamination and Decommissioning Fund

       For necessary expenses in carrying out uranium enrichment 
     facility decontamination and decommissioning, remedial 
     actions and other activities of title II of the Atomic Energy 
     Act of 1954 and title X, subtitle A of the Energy Policy Act 
     of 1992, $250,198,000, to be derived from the Fund, to remain 
     available until expended: Provided, That $30,000,000 of 
     amounts derived from the Fund for such expenses shall be 
     available in accordance with title X, subtitle A, of the 
     Energy Policy Act of 1992.

                                Science

       For Department of Energy expenses including the purchase, 
     construction and acquisition of plant and capital equipment, 
     and other expenses necessary for science activities in 
     carrying out the purposes of the Department of Energy 
     Organization Act (42 U.S.C. 7101 et seq.), including the 
     acquisition or condemnation of any real property or facility 
     or for plant or facility acquisition, construction, or 
     expansion, and purchase of not to exceed six passenger motor 
     vehicles for replacement only, $2,799,851,000, 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, $240,500,000 to be derived from the Nuclear Waste 
     Fund: Provided, That not to exceed $500,000 may be provided 
     to the State of Nevada solely for expenditures, other than 
     salaries and expenses of State employees, to conduct 
     scientific oversight responsibilities pursuant to the Nuclear 
     Waste Policy Act of 1982, (Public Law 97-425) as amended: 
     Provided further, That not to exceed $5,432,000 may 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 shall be made available to the State 
     and units of local government by direct payment: Provided 
     further, That within 90 days of the completion of each 
     Federal fiscal year, the State and each local entity shall 
     provide certification to the Department of Energy, that all 
     funds expended from such payments have been expended for 
     activities as defined in Public Law 97-425. Failure to 
     provide such certification shall cause such entity to be 
     prohibited from any further funding provided for similar 
     activities: Provided further, That none of the funds herein 
     appropriated may be: (1) used directly or indirectly to 
     influence legislative action on any matter pending before 
     Congress or a State legislature or for lobbying activity as 
     provided in 18 U.S.C. 1913; (2) used for litigation expenses; 
     or (3) used to support multi-state efforts or other coalition 
     building activities inconsistent with the restrictions 
     contained in this Act.

                      Departmental Administration

       For salaries and expenses of the Department of Energy 
     necessary for departmental administration in carrying out the 
     purposes of the Department of Energy Organization Act (42 
     U.S.C. 7101 et seq.), including the hire of passenger motor 
     vehicles and official reception and representation expenses 
     (not to exceed $35,000), $206,365,000, 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 $106,887,000 in 
     fiscal year 2000 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 2000 so as to result in a final fiscal year 2000 
     appropriation from the General Fund estimated at not more 
     than $99,478,000.

                    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, $29,500,000, to remain 
     available until expended.

[[Page 22720]]



                    ATOMIC ENERGY DEFENSE ACTIVITIES

                           Weapons Activities

       For Department of Energy expenses, including the purchase, 
     construction and acquisition of plant and capital equipment 
     and other incidental expenses necessary for atomic energy 
     defense weapons activities in carrying out the purposes of 
     the Department of Energy Organization Act (42 U.S.C. 7101 et 
     seq.), including the acquisition or condemnation of any real 
     property or any facility or for plant or facility 
     acquisition, construction, or expansion; and the purchase of 
     passenger motor vehicles (not to exceed three for replacement 
     only), $4,443,939,000, to remain available until expended: 
     Provided, That funding for any ballistic missile defense 
     program undertaken by the Department of Energy for the 
     Department of Defense shall be provided by the Department of 
     Defense according to procedures established for Work for 
     Others by the Department of Energy.

         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 35 passenger motor vehicles 
     for replacement only, $4,484,349,000, to remain available 
     until expended: Provided, That any amounts appropriated under 
     this heading that are used to provide economic assistance 
     under section 15 of the Waste Isolation Pilot Plant Land 
     Withdrawal Act (Public Law 102-579) shall be utilized to the 
     extent necessary to reimburse costs of financial assurances 
     required of a contractor by any permit or license of the 
     Waste Isolation Pilot Plant issued by the State of New 
     Mexico.

                  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, 
     $1,064,492,000, 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.), $189,000,000, to 
     remain available until expended.

                        Other Defense Activities

       For Department of Energy expenses, including the purchase, 
     construction and acquisition of plant and capital equipment 
     and other expenses necessary for atomic energy defense, other 
     defense activities, in carrying out the purposes of the 
     Department of Energy Organization Act (42 U.S.C. 7101 et 
     seq.), including the acquisition or condemnation of any real 
     property or any facility or for plant or facility 
     acquisition, construction, or expansion, $1,722,444,000, to 
     remain available until expended: Provided, That not to exceed 
     $5,000 may be used for official reception and representation 
     expenses for transparency, national security and 
     nonproliferation activities.

                     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, $112,000,000, to remain available until expended.

                    POWER MARKETING ADMINISTRATIONS

                  Bonneville Power Administration Fund

       Expenditures from the Bonneville Power Administration Fund, 
     established pursuant to Public Law 93-454, are approved for 
     the Northeast Oregon Hatchery Master Plan, and for official 
     reception and representation expenses in an amount not to 
     exceed $1,500.
       During fiscal year 2000, 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, $11,594,000; in addition, 
     notwithstanding the provisions of 31 U.S.C. 3302, not to 
     exceed $28,000,000 in reimbursements for transmission 
     wheeling and ancillary services and for power purchases, to 
     remain available until expended.

      Operation and Maintenance, Southwestern Power Administration


                     (including transfer of funds)

       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, $28,773,000, to remain available 
     until expended, of which $773,000 shall be derived by 
     transfer from unobligated balances in ``Operation and 
     Maintenance, Southeastern Power Administration''; in 
     addition, notwithstanding the provisions of 31 U.S.C. 3302, 
     not to exceed $4,200,000 in reimbursements, to remain 
     available until expended.

 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, $193,357,000, to remain available until 
     expended, of which $182,172,000 shall be derived from the 
     Department of the Interior Reclamation Fund: Provided, That 
     of the amount herein appropriated, $5,036,000 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.

           Falcon and Amistad Operating and Maintenance Fund

       For operation, maintenance, and emergency costs for the 
     hydroelectric facilities at the Falcon and Amistad Dams, 
     $1,309,000, 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), $174,950,000, 
     to remain available until expended: Provided, That 
     notwithstanding any other provision of law, not to exceed 
     $174,950,000 of revenues from fees and annual charges, and 
     other services and collections in fiscal year 2000 shall be 
     retained and used for necessary expenses in this account, and 
     shall remain available until expended: Provided further, That 
     the sum herein appropriated from the General Fund shall be 
     reduced as revenues are received during fiscal year 2000 so 
     as to result in a final fiscal year 2000 appropriation from 
     the General Fund estimated at not more than $0.

                           GENERAL PROVISIONS

       Sec. 301. (a) None of the funds appropriated by this Act 
     may be used to award a management and operating contract 
     unless such contract is awarded using competitive procedures 
     or the Secretary of Energy grants, on a case-by-case basis, a 
     waiver to allow for such a deviation. The Secretary may not 
     delegate the authority to grant such a waiver.
       (b) At least 60 days before a contract award, amendment, or 
     modification for which the Secretary intends to grant such a 
     waiver, the Secretary shall submit to the Subcommittees on 
     Energy and Water Development of the Committees on 
     Appropriations of the House of Representatives and the Senate 
     a report notifying the subcommittees of the waiver and 
     setting forth the reasons for the waiver.
       Sec. 302. (a) None of the funds appropriated by this Act 
     may be used to award, amend, or modify a contract in a manner 
     that deviates from the Federal Acquisition Regulation, unless 
     the Secretary of Energy grants, on a case-by-case basis, a 
     waiver to allow for such a deviation. The Secretary may not 
     delegate the authority to grant such a waiver.
       (b) At least 60 days before a contract award, amendment, or 
     modification for which the Secretary intends to grant such a 
     waiver, the Secretary shall submit to the Subcommittees on 
     Energy and Water Development of the Committees on 
     Appropriations of the House of Representatives and the Senate 
     a report notifying the subcommittees of the waiver and 
     setting forth the reasons for the waiver.
       Sec. 303. None of the funds appropriated by this Act may be 
     used to--
       (1) develop or implement a workforce restructuring plan 
     that covers employees of the Department of Energy; or
       (2) provide enhanced severance payments or other benefits 
     for employees of the Department of Energy,

     under section 3161 of the National Defense Authorization Act 
     for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2644; 42 
     U.S.C. 7274h).
       Sec. 304. None of the funds appropriated by this Act may be 
     used to augment the $24,500,000 made available for obligation 
     by this Act for severance payments and other benefits and 
     community assistance grants under section 3161 of the 
     National Defense Authorization Act for Fiscal Year 1993 
     (Public Law 102-484; 106 Stat. 2644; 42 U.S.C. 7274h).
       Sec. 305. 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. 306. 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

[[Page 22721]]

     one fund for the same time period as originally enacted.
       Sec. 307. Notwithstanding 41 U.S.C. 254c(a), the Secretary 
     of Energy may use funds appropriated by this Act to enter 
     into or continue multi-year contracts for the acquisition of 
     property or services under the head, ``Energy Supply'' 
     without obligating the estimated costs associated with any 
     necessary cancellation or termination of the contract. The 
     Secretary of Energy may pay costs of termination or 
     cancellation from--
       (1) appropriations originally available for the performance 
     of the contract concerned;
       (2) appropriations currently available for procurement of 
     the type of property or services concerned, and not otherwise 
     obligated; or
       (3) funds appropriated for those payments.
       Sec. 308. Of the funds in this Act provided to government-
     owned, contractor-operated laboratories, not to exceed four 
     percent shall be available to be used for Laboratory Directed 
     Research and Development: Provided, That none of the funds in 
     the Environmental Management programs are available for 
     Laboratory Directed Research and Development.
       Sec. 309. (a) Of the funds appropriated by this title to 
     the Department of Energy, not more than $150,000,000 shall be 
     available for reimbursement of management and operating 
     contractor travel expenses.
       (b) Funds appropriated by this title to the Department of 
     Energy may be used to reimburse a Department of Energy 
     management and operating contractor for travel costs of its 
     employees under the contract only to the extent that the 
     contractor applies to its employees the same rates and 
     amounts as those that apply to Federal employees under 
     subchapter I of chapter 57 of title 5, United States Code, or 
     rates and amounts established by the Secretary of Energy. The 
     Secretary of Energy may provide exceptions to the 
     reimbursement requirements of this section as the Secretary 
     considers appropriate.
       Sec. 310. (a) None of the funds in this Act or any future 
     Energy and Water Development Appropriations Act may be 
     expended after December 31 of each year under a covered 
     contract unless the funds are expended in accordance with a 
     Laboratory Funding Plan that has been approved by the 
     Secretary of Energy. At the beginning of each fiscal year, 
     the Secretary shall issue directions to the laboratories for 
     the programs, projects, and activities to be conducted in 
     that fiscal year. The Secretary and the Laboratories shall 
     devise a Laboratory Funding Plan that identifies the 
     resources needed to carry out these programs, projects, and 
     activities. Funds shall be released to the Laboratories only 
     after the Secretary has approved the Laboratory Funding Plan. 
     The Secretary of Energy may provide exceptions to this 
     requirement as the Secretary considers appropriate.
       (b) For purposes of this section, ``covered contract'' 
     means a contract for the management and operation of the 
     following laboratories: Argonne National Laboratory, 
     Brookhaven National Laboratory, Idaho National Engineering 
     and Environmental Laboratory, Lawrence Berkeley National 
     Laboratory, Lawrence Livermore National Laboratory, Los 
     Alamos National Laboratory, Oak Ridge National Laboratory, 
     Pacific Northwest National Laboratory, and Sandia National 
     Laboratories.
       Sec. 311. As part of the Department of Energy's approval of 
     laboratory funding for prime contractors responsible for 
     management of Department of Energy sites and facilities, the 
     Secretary shall review and approve the incentive structure 
     for contractor fees, the amounts of award fees to be made 
     available for next year, the allowable salaries of first and 
     second tier laboratory management, and the overhead 
     expenditures. The Secretary of Energy may provide exceptions 
     to this requirement as the Secretary considers appropriate.
       Sec. 312. None of the funds provided in this Act may be 
     used to establish or maintain independent centers at a 
     Department of Energy laboratory or facility unless such funds 
     have been specifically identified in the budget submission.
       Sec. 313. None of the funds made available in this or any 
     other Act may be used to restart the High Flux Beam Reactor.
       Sec. 314. No funds are provided in this Act or any other 
     Act for the Administrator of the Bonneville Power 
     Administration to enter into any agreement to perform energy 
     efficiency services outside the legally defined Bonneville 
     service territory, with the exception of services provided 
     internationally, including services provided on a 
     reimbursable basis, unless the Administrator certifies that 
     such services are not available from private sector 
     businesses.
       Sec. 315. 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 the enactment of this Act, or is 
     generated after such date.
       Sec. 316. Limiting the Inclusion of Costs of Protection of, 
     Mitigation of Damage to, and Enhancement of Fish and 
     Wildlife, Within Rates Charged by the Bonneville Power 
     Administration, to the Rate Period in Which the Costs are 
     Incurred. Section 7 of the Pacific Northwest Electric Power 
     Planning and Conservation Act (16 U.S.C. 839e) is amended by 
     adding at the end the following:
       ``(n) Limiting the Inclusion of Costs of Protection of, 
     Mitigation of Damage to, and Enhancement of Fish and 
     Wildlife, Within Rates Charged by the Bonneville Power 
     Administration, to the Rate Period in Which the Costs are 
     Incurred.--Notwithstanding any other provision of this 
     section, rates established by the Administrator, under this 
     section shall recover costs for protection, mitigation and 
     enhancement of fish and wildlife, whether under the Pacific 
     Northwest Electric Power Planning and Conservation Act or any 
     other Act, not to exceed such amounts the Administrator 
     forecasts will be expended during the fiscal year 2002-2006 
     rate period, while preserving the Administrator's ability to 
     establish appropriate reserves and maintain a high Treasury 
     payment probability for the subsequent rate period.''.

                                TITLE IV

                          INDEPENDENT AGENCIES

                    APPALACHIAN REGIONAL COMMISSION

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

                DEFENSE NUCLEAR FACILITIES SAFETY BOARD

                         Salaries and Expenses

       For necessary expenses of the Defense Nuclear Facilities 
     Safety Board in carrying out activities authorized by the 
     Atomic Energy Act of 1954, as amended by Public Law 100-456, 
     section 1441, $17,000,000, 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, $20,000,000, 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), $465,000,000, to remain available until expended: 
     Provided, That of the amount appropriated herein, $19,150,000 
     shall be derived from the Nuclear Waste Fund: Provided 
     further, That revenues from licensing fees, inspection 
     services, and other services and collections estimated at 
     $442,000,000 in fiscal year 2000 shall be retained and used 
     for necessary salaries and expenses in this account, 
     notwithstanding 31 U.S.C. 3302, and shall remain available 
     until expended: Provided further, That $3,850,000 of the 
     funds herein appropriated for regulatory reviews and other 
     assistance provided to the Department of Energy and other 
     Federal agencies shall be excluded from license fee revenues, 
     notwithstanding 42 U.S.C. 2214: Provided further, That the 
     sum herein appropriated shall be reduced by the amount of 
     revenues received during fiscal year 2000 so as to result in 
     a final fiscal year 2000 appropriation estimated at not more 
     than $23,000,000.

                      Office of Inspector General

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, as amended, $5,000,000, to remain available until 
     expended: Provided, That the sum herein appropriated shall be 
     reduced by the amount of revenues received during fiscal year 
     2000 so as to result in a final fiscal year 2000 
     appropriation estimated at not more than $0.

                  NUCLEAR WASTE TECHNICAL REVIEW BOARD

                         Salaries and Expenses

       For necessary expenses of the Nuclear Waste Technical 
     Review Board, as authorized by section 5051 of Public Law 
     100-203, $2,600,000, to be derived from the Nuclear Waste 
     Fund, and to remain available until expended.

                       TENNESSEE VALLEY AUTHORITY

       The Tennessee Valley Authority is directed to use up to 
     $3,000,000 from previously appropriated funds to pay any 
     necessary transition costs for Land Between the Lakes.

                          TITLE V--RESCISSIONS

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil


                         General Investigations

                             (Rescissions)

       Of the funds made available under this heading in Public 
     Law 105-245 and prior Energy and Water Development Acts, the 
     following amounts are hereby rescinded in the amounts 
     specified:
       Calleguas Creek, California, $271,100;
       San Joaquin, Caliente Creek, California, $155,400;
       Buffalo Small Boat Harbor, New York, $15,100;
       City of Buffalo, New York, $4,000;
       Geneva State Park, Ohio Shoreline Protection, $91,000;
       Clinton River Spillway, Michigan, $50,000;
       Lackawanna River Basin Greenway Corridor, Pennsylvania, 
     $217,900; and
       Red River Waterway, Index, Arkansas, to Denison Dam, Texas, 
     $125,000.


                         Construction, General

                             (Rescissions)

       Of the funds made available under this heading in Public 
     Law 105-245, and prior Energy and Water Development Acts, the 
     following amounts are hereby rescinded in the amounts 
     specified:

[[Page 22722]]

       Sacramento River Flood Control Project, California 
     (Deficiency Correction), $1,500,000;
       Melaleuca Quarantine Facility, Florida, $295,000;
       Lake George, Hobart, Indiana, $3,484,000;
       Anacostia River (Section 1135), Maryland, $1,534,000;
       Sowashee Creek, Meridian, Mississippi, $2,537,000;
       Platte River Flood and Streambank Erosion Control, 
     Nebraska, $1,409,000;
       Rochester Harbor, New York, $1,842,000;
       Columbia River, Seafarers Museum, Hammond, Oregon, $98,000; 
     and
       Quonset Point, Davisville, Rhode Island, $120,000.

                          DEPARTMENT OF ENERGY

      Operation and Maintenance, Southeastern Power Administration


                              (rescission)

       Of the funds made available under this heading in Public 
     Law 105-245 and prior Energy and Water Development Acts, 
     $3,000,000, are rescinded.

                         Nuclear Waste Disposal


                              (rescission)

       Of the funds made available under the heading ``Department 
     of Energy--Energy Programs--Nuclear Waste Disposal Fund'' in 
     the Energy and Water Development Appropriations Act, 1998 
     (Public Law 105-62), $4,000,000 is rescinded, to be derived 
     from the amount specified under such heading for the Nuclear 
     Regulatory Commission to license a multi-purpose canister 
     design.

                      TITLE VI--GENERAL PROVISIONS

       Sec. 601. None of the funds appropriated by this Act may be 
     used in any way, directly or indirectly, to influence 
     congressional action on any legislation or appropriation 
     matters pending before Congress, other than to communicate to 
     Members of Congress as described in section 1913 of title 18, 
     United States Code.
       Sec. 602. (a) Purchase of American-Made Equipment and 
     Products.--It is the sense of the Congress that, to the 
     greatest extent practicable, all equipment and products 
     purchased with funds made available in this Act should be 
     American-made.
        (b) Notice Requirement.--In providing financial assistance 
     to, or entering into any contract with, any entity using 
     funds made available in this Act, the head of each Federal 
     agency, to the greatest extent practicable, shall provide to 
     such entity a notice describing the statement made in 
     subsection (a) by the Congress.
        (c) Prohibition of Contracts With Persons Falsely Labeling 
     Products as Made in America.--If it has been finally 
     determined by a court or Federal agency that any person 
     intentionally affixed a label bearing a ``Made in America'' 
     inscription, or any inscription with the same meaning, to any 
     product sold in or shipped to the United States that is not 
     made in the United States, the person shall be ineligible to 
     receive any contract or subcontract made with funds made 
     available in this Act, pursuant to the debarment, suspension, 
     and ineligibility procedures described in sections 9.400 
     through 9.409 of title 48, Code of Federal Regulations.
       Sec. 603. (a) None of the funds appropriated or otherwise 
     made available by this Act may be used to determine the final 
     point of discharge for the interceptor drain for the San Luis 
     Unit until development by the Secretary of the Interior and 
     the State of California of a plan, which shall conform to the 
     water quality standards of the State of California as 
     approved by the Administrator of the Environmental Protection 
     Agency, to minimize any detrimental effect of the San Luis 
     drainage waters.
       (b) The costs of the Kesterson Reservoir Cleanup Program 
     and the costs of the San Joaquin Valley Drainage Program 
     shall be classified by the Secretary of the Interior as 
     reimbursable or nonreimbursable and collected until fully 
     repaid pursuant to the ``Cleanup Program--Alternative 
     Repayment Plan'' and the ``SJVDP--Alternative Repayment 
     Plan'' described in the report entitled ``Repayment Report, 
     Kesterson Reservoir Cleanup Program and San Joaquin Valley 
     Drainage Program, February 1995'', prepared by the Department 
     of the Interior, Bureau of Reclamation. Any future 
     obligations of funds by the United States relating to, or 
     providing for, drainage service or drainage studies for the 
     San Luis Unit shall be fully reimbursable by San Luis Unit 
     beneficiaries of such service or studies pursuant to Federal 
     Reclamation law.
       Sec. 604. Section 6101(a)(3) of the Omnibus Budget 
     Reconciliation Act of 1990, as amended, (42 U.S.C. 
     2214(a)(3)) is amended by striking ``September 30, 1999'' and 
     inserting ``September 30, 2000''.
       Sec. 605. Title VI, division C, of Public Law 105-277, 
     Making Omnibus Consolidated and Emergency Supplemental 
     Appropriations for Fiscal Year 1999, is repealed.
       Sec. 606. Section 211(e)(2)(A) of the Water Resources 
     Development Act of 1996 (Public Law 104-303, 110 Stat. 3682) 
     is amended by striking ``in advance in appropriations Acts''.
       Sec. 607. None of the funds appropriated by this Act shall 
     be used to propose or issue rules, regulations, decrees, or 
     orders for the purpose of implementation, or in preparation 
     for implementation, of the Kyoto Protocol which was adopted 
     on December 11, 1997, in Kyoto, Japan at the Third Conference 
     of the Parties to the United Nations Framework Convention on 
     Climate Change, which has not been submitted to the Senate 
     for advice and consent to ratification pursuant to article 
     II, section 2, clause 2, of the United States Constitution, 
     and which has not entered into force pursuant to article 25 
     of the Protocol.
       Sec. 608. United States Enrichment Corporation Fund. (a) 
     Withdrawals.--Subsections (b) and (c) of section 1 of Public 
     Law 105-204 (112 Stat. 681) are amended by striking ``fiscal 
     year 2000'' and inserting ``fiscal year 2002''.
       (b) Investment of Amounts in the USEC Fund.--
       (1) In general.--The Secretary of the Treasury shall invest 
     such portion of the United States Enrichment Corporation Fund 
     as is not, in the judgment of the Secretary, required to meet 
     current withdrawals. Investments may be made only in 
     interest-bearing obligations of the United States.
       (2) Acquisition of obligations.--For the purpose of 
     investments under paragraph (1), obligations may be 
     acquired--
       (A) on original issue at the issue price; or
       (B) by purchase of outstanding obligations at the market 
     price.
       (3) Sale of obligations.--Any obligation acquired by the 
     Fund may be sold by the Secretary of the Treasury at the 
     market price.
       (4) Credits to fund.--The interest on, and the proceeds 
     from the sale or redemption of, any obligations held in the 
     Fund shall be credited to and form a part of the Fund.
       Sec. 609. Lake Cascade. (a) Designation.--The reservoir 
     commonly known as the ``Cascade Reservoir'', created as a 
     result of the building of the Cascade Dam authorized by the 
     matter under the heading ``bureau of reclamation'' of the 
     fifth section of the Interior Department Appropriation Act, 
     1942 (55 Stat. 334, chapter 259) for the Boise Project, 
     Idaho, Payette division, is redesignated as ``Lake Cascade''.
       (b) References.--Any reference in any law, regulation, 
     document, record, map, or other paper of the United States to 
     ``Cascade Reservoir'' shall be considered to be a reference 
     to ``Lake Cascade''.
       Sec. 610. Section 4(h)(10)(D) of the Pacific Northwest 
     Electric Power Planning and Conservation Act (16 U.S.C. 
     839b(h)(10)(D)) is amended by striking clauses (vii) and 
     (viii) and inserting the following:
       ``(vii) Cost limitation.--The annual cost of this provision 
     shall not exceed $500,000 in 1997 dollars.''.
       Sec. 611. (a) The Secretary of the Army, acting through the 
     Chief of Engineers, in carrying out the program known as the 
     Formerly Utilized Sites Remedial Action Program, shall 
     undertake the following functions and activities to be 
     performed at eligible sites where remediation has not been 
     completed:
       (1) Sampling and assessment of contaminated areas.
       (2) Characterization of site conditions.
       (3) Determination of the nature and extent of 
     contamination.
       (4) Selection of the necessary and appropriate response 
     actions as the lead Federal agency.
       (5) Cleanup and closeout of sites.
       (6) Any other functions and activities determined by the 
     Secretary of the Army, acting through the Chief of Engineers, 
     as necessary for carrying out that program, including the 
     acquisition of real estate interests where necessary, which 
     may be transferred upon completion of remediation to the 
     administrative jurisdiction of the Secretary of Energy.
       (b) Any response action under that program by the Secretary 
     of the Army, acting through the Chief of Engineers, shall be 
     subject to the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
     seq.) (in this section referred to as ``CERCLA''), and the 
     National Oil and Hazardous Substances Pollution Contingency 
     Plan (40 CFR part 300).
       (c) Any sums recovered under CERCLA or other authority from 
     a liable party, contractor, insurer, surety, or other person 
     for any expenditures by the Army Corps of Engineers or the 
     Department of Energy for response actions under that program 
     shall be credited to the amounts made available to carry out 
     that program and shall be available until expended for costs 
     of response actions for any eligible site.
       (d) The Secretary of Energy may exercise the authority 
     under section 168 of the Atomic Energy Act of 1954 (42 U.S.C. 
     2208) to make payments in lieu of taxes for federally owned 
     property at which activities under that program are carried 
     out, regardless of which Federal agency has administrative 
     jurisdiction over the property and notwithstanding any 
     reference to ``the activities of the Commission'' in that 
     section.
       (e) This section does not alter, curtail, or limit the 
     authorities, functions, or responsibilities of other agencies 
     under CERCLA or, except as stated in this section, under the 
     Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.).
       (f) This section shall apply to fiscal year 2000 and each 
     succeeding fiscal year.
       This Act may be cited as the ``Energy and Water Development 
     Appropriations Act, 2000''.
       And the Senate agree to the same.
     Ron Packard,
     Harold Rogers,
     Joe Knollenberg,
     Rodney P. Frelinghuysen,
     Sonny Callahan,
     Tom Latham,
     Roy Blunt,
     Bill Young,
     Peter Visclosky,
     Chet Edwards,
     Ed Pastor,
     Mike Forbes,
     Dave Obey,
                                Managers on the Part of the House.


[[Page 22723]]

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

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendment of the Senate to the bill (H.R. 2605) making 
     appropriations for energy and water development for the 
     fiscal year ending September 30, 2000, and for other 
     purposes, submit the following joint statement to the House 
     and the Senate in explanation of the effects of the action 
     agreed upon by the managers and recommended in the 
     accompanying conference report.
       The language and allocations set forth in House Report 106-
     253 and Senate Report 106-58 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 conference, and Senate report language 
     which is not contradicted by the report of the House or the 
     conference is approved by the committee of conference. The 
     statement of the managers, while repeating some report 
     language for emphasis, does not intend to negate the language 
     referred to above unless expressly provided herein. In cases 
     where both the House report and Senate report address a 
     particular issue not specifically addressed in the conference 
     report or joint statement of managers, the conferees have 
     determined that the House and Senate reports are not 
     inconsistent and are to be interpreted accordingly. In cases 
     in which the House or Senate have directed the submission of 
     a report, such report is to be submitted to both House and 
     Senate Committees on Appropriations.
       Senate amendment: The Senate deleted the entire House bill 
     after the enacting clause and inserted the Senate bill. The 
     conference agreement includes a revised bill.

                                TITLE I

                      DEPARTMENT OF DEFENSE--CIVIL

       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.

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

                         general investigations

       The conference agreement appropriates $161,994,000 for 
     General Investigations instead of $158,993,000 as proposed by 
     the House and $125,459,000 as proposed by the Senate.
       The conference agreement includes $100,000 for the Pima 
     County, Arizona, project. To the extent appropriate, the 
     study is to proceed with particular reference to 
     recommendations and findings included in the Sonoran Desert 
     Conservation Plan, Pima County, Arizona, dated October 21, 
     1998.
       The conference agreement includes $780,000 for the Metro 
     Atlanta Watershed, Georgia, project. The additional funds 
     have been included for investigations of flood damage 
     prevention along: Utoy, Sandy and Proctor Creeks; Long 
     Island, Marsh and Johns Creek; and Indian, Sugar, 
     Intrenchment and Federal Prison Creeks Watershed.
       The conference agreement includes $400,000 for an interim 
     feasibility study of the LaQuinta Channel, Texas, to be 
     accomplished separately from the Corpus Christi Ship Channel 
     study. The study will investigate potential extension of the 
     existing project.
       Of the amount provided for Other Coordination Programs, 
     $100,000 is for the Corps of Engineers to provide assistance 
     and support of the preservation and revitalization plans 
     associated with the Wheeling, West Virginia National Heritage 
     Area. These funds will allow the Corps to objectively analyze 
     the planned and ongoing design and construction work 
     connected with these restoration efforts. The conferees 
     direct the Corps to conduct an analysis of the sedimentation 
     buildup behind Santa Cruz Dam in New Mexico. In undertaking 
     this work, the Corps is to prepare a report: describing the 
     nature of the problem and possible solutions; discussing the 
     economic viability and estimated cost of potential solutions; 
     and identifying existing authorities pursuant to which the 
     Corps could undertake corrective measures or describing the 
     need for additional legislative authority that may be 
     required to accomplish the work.
       The conference agreement includes language proposed by the 
     House directing the Corps of Engineers to use previously 
     appropriated funds to continue the feasibility phase of the 
     Red River Navigation, Southwest Arkansas, project.
       The conference agreement deletes language proposed by the 
     Senate appropriating funds for a study of the Yellowstone 
     River at Glendive, Montana. Funds for this project have been 
     included in the Section 205 program of the Construction, 
     General account.
       The conference agreement deletes language proposed by the 
     Senate providing funds for the Great Egg Harbor Inlet to 
     Townsend's Inlet, New Jersey, project. The amount 
     appropriated for General Investigations includes $226,000 for 
     this project.
       The conference agreement deletes language proposed by the 
     Senate providing funds for a project for flood control at 
     Park River, Grafton, North Dakota. The amount appropriated 
     for General Investigations includes $50,000 for a general 
     reevaluation report to determine whether the project is 
     technically sound, environmentally acceptable and 
     economically justified.
       The conference agreement deletes language proposed by the 
     Senate providing funds for the Hunting Bayou element of the 
     Buffalo Bayou and Tributaries, Texas, project. The amount 
     appropriated for General Investigations includes $328,000 for 
     this project element.


                         construction, general

       The conference agreement appropriates $1,400,722,000 for 
     Construction, General instead of $1,412,591,000 as proposed 
     by the House and $1,086,586,000 as proposed by the Senate.
       The conferees are aware of previous efforts by the Corps of 
     Engineers to address sedimentation and other water resource 
     issues along the Dog River in Alabama. The conferees direct 
     the Corps to continue these and other efforts, using 
     available funds, to the extent authorized by law.
       The conferees are fully supportive of the San Timoteo 
     feature of the Santa Ana River Mainstem, California, project 
     and expect the Corps to commit funds required to maintain the 
     most efficient construction schedule for this feature's 
     completion.
       The conferees direct the Secretary of the Army, acting 
     through the Chief of Engineers, to credit toward the non-
     Federal share of the project cost the cost of any work 
     performed by non-Federal interests on the Panama City 
     Beaches, Florida, project, subsequent to project 
     authorization, to the extent the Secretary determines that 
     work to be compatible with, and integral to, the project, 
     consistent with existing statutory authority.
       The conferees direct that the value of flowage easements 
     acquired in the East Reach Remediation Area of the Little 
     Calumet River, Indiana, project, be credited toward the non-
     Federal share of the project cost, to the extent the 
     Secretary of the Army, acting through the Chief of Engineers, 
     determines that the acquisition of the easements is 
     compatible with, and integral to, the project, consistent 
     with existing statutory authority.
       The conferees concur with the House direction on mitigation 
     associated with the Inner Harbor Navigation Canal Lock, 
     Louisiana, project. The conferees note the significant 
     differences in the estimates of the fair market value of 
     property to be transferred to the Corps of Engineers by the 
     local sponsor, and expect the Corps to work in good faith to 
     arrive at an equitable solution to this issue in accordance 
     with current law.
       The conferees urge the Corps of Engineers to expedite, to 
     the fullest extent possible, the completion of the Post 
     Authorization Change for the Larose to Golden Meadow 
     (Hurricane Protection), Louisiana, project.
       The conferees are aware that the Corps of Engineers has 
     determined, pursuant to the requirements of Section 533(d) of 
     the Water Resources Development Act of 1996, that additional 
     work to be carried out on the Southeast Louisiana, Louisiana, 
     project is technically sound, environmentally acceptable, and 
     economically justified. The conferees expect the Corps of 
     Engineers to continue work on this project in fiscal year 
     2000 using continuing contracts as provided for in the Act.
       Of the funds available for the Houston-Galveston Navigation 
     Channels, Texas, project, such sums as are necessary shall be 
     used to plan and construct barge lanes immediately adjacent 
     to either side of the Houston Ship Channel from Bolivar Roads 
     to Morgan Point.
       The Corps of Engineers is directed, using the latest 
     hydrology data available, to maintain in fiscal year 2000 an 
     appropriate level of protection at Longview, Kelso, 
     Lexington, and Castle Rock, Washington, that is not less than 
     that: described in the October 1985 Decision Document (the 
     basis for the project cost sharing agreement with the non-
     Federal sponsors); authorized in Public Law 99-88; or 
     recommended pursuant to the Mount St. Helens Sediment Control 
     Study, Washington.
       The conference agreement includes $25,150,000 for the 
     Levisa and Tug Forks of the Big Sandy River and Upper 
     Cumberland River, West Virginia, Virginia, and Kentucky, 
     project. Project elements are funded at the levels specified 
     in the House and Senate reports. $700,000 is included for a 
     Detailed Project Report for the Dickenson County, Virginia, 
     element.
       The conference agreement includes $6,260,000 for the 
     Section 206 program. Using those funds, the Corps of 
     Engineers is directed to proceed with the projects described 
     in the House and Senate reports. Of the

[[Page 22724]]

     amount provided for the Section 206 program, $100,000 is for 
     the Lake St. Clair, Metro Beach, Michigan, project.
       The Secretary of the Army, acting through the Chief of 
     Engineers, shall allow credit toward the costs of the Koontz 
     Lake, Indiana, project for the design and implementation of 
     aquatic ecosystem measures by the non-Federal sponsor 
     accomplished prior to the execution of the project 
     cooperation agreement, to the extent the Secretary determines 
     such work to be compatible with, and integral to, the 
     project, consistent with existing statutory authority.
       The conference agreement includes $6,500,000 for the 
     Section 14 program. Using those funds, the Corps of Engineers 
     is directed to proceed with the projects described in the 
     House report.
       The conference agreement includes $35,800,000 as proposed 
     by the House for the Section 205 program. Using those funds, 
     the Corps of Engineers is directed to proceed with the 
     projects described in the House and Senate reports. Of the 
     amount provided for the Section 205 program, $100,000 is for 
     the City of Augusta, Kansas, project.
       The conference agreement includes $7,500,000 for the 
     Section 107 program. Using those funds, the Corps of 
     Engineers is directed to proceed with the projects described 
     in the House and Senate reports.
       The conference agreement includes $10,000,000 for the 
     Section 1135 program. Using those funds, the Corps of 
     Engineers is directed to proceed with the projects described 
     in the House and Senate reports.
       The conferees have included language in the bill earmarking 
     funds for the following projects in the amounts specified: 
     Indianapolis Central Waterfront, Indiana, $8,000,000; Harlan/
     Clover Fork, Pike County, Middlesboro, Martin County, Pike 
     County Tug Forks Tributaries, Bell County, Harlan County and 
     Town of Martin elements of the Levisa and Tug Forks of the 
     Big Sandy River and Upper Cumberland River project in 
     Kentucky, $14,050,000; Jackson County, Mississippi, $800,000; 
     Natchez Bluff, Mississippi, $2,000,000; Passaic River 
     Streambank Restoration, New Jersey, $6,000,000; Upper Mingo 
     County (including Mingo County tributaries), Lower Mingo 
     County (Kermit), Wayne County, and McDowell County elements 
     of the Levisa and Tug Forks of the Big Sandy River and Upper 
     Cumberland River project in West Virginia, $4,400,000.
       The conference agreement includes language proposed by the 
     Senate prohibiting the use of funds to begin Phase II on the 
     John Day Drawdown study or to initiate a study of the 
     drawdown of McNary Dam unless authorized by law.
       The conference agreement includes language proposed by the 
     Senate permitting the Corps of Engineers to use $1,500,000 
     for the Assateague Island, Maryland, project, amended to 
     subject the expenditure to reimbursement by the National Park 
     Service.
       The conference agreement includes language proposed by the 
     Senate subjecting the expenditure of previously appropriated 
     funds on the Devils Lake, North Dakota, project to a number 
     of conditions.
       The conference agreement deletes language proposed by the 
     Senate earmarking funds for: the Norco Bluffs, California, 
     project; the Brevard County, Florida, project; the Everglades 
     and South Florida Ecosystem Restoration, Florida, project; 
     the St. John's County, Florida, project; the Ohio River Flood 
     Protection, Indiana, project; the Lake St. Clair, Metro 
     Beach, Michigan, project; the Rochester Harbor, New York, 
     project; the Brays Bayou element of the Buffalo Bayou and 
     Tributaries, Texas, project; the Virginia Beach, Virginia 
     (Hurricane Protection), project; and the Dickenson County, 
     Virginia, element of the Levisa and Tug Forks of the Big 
     Sandy River and Upper Cumberland River, West Virginia, 
     Virginia, and Kentucky, project. The amount appropriated for 
     Construction, General includes funding for these projects as 
     detailed elsewhere in the statement of managers.


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

       The conference agreement appropriates $309,416,000 for 
     Flood Control, Mississippi River and Tributaries instead of 
     $313,324,000 as proposed by the House and $315,630,000 as 
     proposed by the Senate.
       The conferees are aware of the difficulties the Corps of 
     Engineers is having in finalizing a project cost sharing 
     agreement (PCA) for the Grand Prairie Region Project in 
     Arkansas. Given these difficulties, the conferees have not 
     included additional funding for the project in FY 2000. This 
     action is taken without prejudice and in recognition that the 
     Corps has previously appropriated funds available for its use 
     in fiscal year 2000. If the issues delaying finalization of 
     the PCA are resolved in FY 2000, the conferees expect the 
     Corps of Engineers to use its reprogramming authority to 
     resume construction.
       Of the amount provided for construction of the Mississippi 
     River Levees, Arkansas, Illinois, Kentucky, Louisiana, 
     Mississippi, Missouri, and Tennessee, project, up to an 
     additional $2,000,000 is for construction of the Commerce to 
     Birds Point, Missouri, grade raise.
       The Secretary of the Army, acting through the Chief of 
     Engineers, is directed to permit credit toward the non-
     Federal share of the project cost for any work performed by 
     non-Federal interests on the Louisiana State Penitentiary 
     Levee, Louisiana, project, subsequent to project 
     authorization, to the extent the Secretary determines that 
     work to be compatible with, and integral to, the project, 
     consistent with existing statutory authority.
       The conferees note that the U.S. Army Corps of Engineers, 
     Vicksburg District, did not conduct necessary dredging and 
     environmental assessment and impact studies for the initial 
     components of the Sardis Lake development at Shady Cove, 
     Mississippi, in accordance with the specific provisions 
     relating to this project under Title I of P.L. 105-62. The 
     conferees direct the U.S. Army Corps of Engineers, Vicksburg 
     District, to take all actions necessary to complete such work 
     as required by P.L. 105-62.


                   operation and maintenance, general

       The conference agreement appropriates $1,853,618,000 for 
     Operation and Maintenance, General instead of $1,888,481,000 
     as proposed by the House and $1,790,043,000 as proposed by 
     the Senate.
       The conferees strongly urge the Corps of Engineers to use 
     available funds to upgrade and maintain the water monitoring 
     gages in the Alabama, Coosa, and Tallapoosa (ACT) Rivers, and 
     Apalachicola, Chattahoochee and Flint (ACF) Rivers in 
     Alabama, Florida, and Georgia for the purpose of accurately 
     monitoring water flows. The purpose of these water-monitoring 
     gages is to accurately monitor water flow in the rivers and 
     to use the data in the negotiations and implementation of the 
     Congressionally authorized ACT/ACF Water Compacts.
       The Corps of Engineers is directed to complete safety 
     related dredging in the vicinity of shoals number one and 
     number two in the lower end of the dredging area of the Chena 
     River, Alaska, project.
       The conference agreement includes $3,200,000 for 
     maintenance dredging of the St. Petersburg, Florida, project. 
     These funds are to be used to dredge to sponsor-constructed 
     depths and to dispose of spoil material on Egmont Key, 
     consistent with existing authorities.
       Of the amount provided for the Mississippi River Between 
     Missouri River and Minneapolis, Illinois, Iowa, Minnesota, 
     Missouri, and Wisconsin, project, $6,000,000 is for urgent 
     bank stabilization work along the Sny Island Levee system.
       The conferees are very concerned about safety problems 
     resulting from the use of outdated hydrographic surveys in 
     coordination with the Lower Mississippi River Vessel 
     Trafficking System for the Mississippi River, Baton Rouge to 
     the Gulf of Mexico, Louisiana, project. Therefore, the 
     Secretary, acting through the Chief of Engineers, shall 
     expedite updated hydrographic survey of the portion of the 
     Lower Mississippi River coordinated by a Vessel Trafficking 
     System.
       The conferees understand that the Corps of Engineers 
     recently released a Draft Environmental Impact Statement for 
     the proposed placement of eighteen million cubic yards of 
     dredged material in an open water site, known as Site 104, 
     located just northeast of the William Preston Lane, Jr. 
     Memorial Bridge (the Chesapeake Bay Bridge) in Maryland. The 
     conferees are concerned about the potential approval of this 
     site and impose upon the Corps an obligation to thoroughly 
     analyze and review all practicable alternatives. In reviewing 
     the alternatives, the Corps should conduct an exhaustive 
     analysis of each site to include how re-suspension of 
     sediments will affect nutrient loading and whether there is a 
     resident population of shortnose sturgeon that would be 
     impacted by the proposed placement of dredged material.
       Within available funds, the Corps of Engineers is directed 
     to complete an environmental assessment, prepare plans and 
     specifications, and coordinate with State and Federal 
     agencies for the purpose of proceeding with maintenance 
     dredging of the Little River Harbor, New Hampshire, project, 
     and to proceed if determined to be in the Federal interest.
       Of the amount provided for the Garrison Dam, Lake 
     Sakakawea, North Dakota, project, $50,000 is for continued 
     mosquito control activities.
       The conference agreement includes language proposed by the 
     House permitting the use of funds from the Harbor Maintenance 
     Trust Fund.
       The conference agreement includes language proposed by the 
     Senate prohibiting the use of funds for land acquisition in 
     Jasper County, South Carolina, in connection with the 
     Savannah Harbor navigation project.
       The conference agreement deletes language proposed by the 
     Senate providing $1,500,000 for the development of 
     technologies for control of zebra mussels and other aquatic 
     nuisance species in and around public facilities. The amount 
     appropriated for Operation and Maintenance, General includes 
     $1,000,000 for the zebra mussel control program of the Corps 
     of Engineers.
       The conference agreement deletes language proposed by the 
     Senate earmarking funds for the Matagorda Ship Channel, Point

[[Page 22725]]

     Comfort Turning Basin, Texas, project. The amount 
     appropriated for Operation and Maintenance, General includes 
     $100,000 for the Secretary of the Army, acting through the 
     Chief of Engineers, to study the economic justification and 
     environmental acceptability of maintaining the Matagorda Ship 
     Channel, Point Comfort Turning Basin, Texas, project, in 
     accordance with section 509(a) of Public Law 104-303.
       The conference agreement deletes language proposed by the 
     Senate providing that the Secretary of the Army, acting 
     through the Chief of Engineers, may use not to exceed 
     $300,000 for expenses associated with the commemoration of 
     the Lewis and Clark Bicentennial. The Corps of Engineers is 
     directed to use available funds, not to exceed $300,000, for 
     expenses associated with national coordination of the 
     commemoration of the Lewis and Clark Bicentennial.


                           regulatory program

       The conference agreement appropriates $117,000,000 for the 
     Regulatory Program as proposed by the House instead of 
     $115,000,000 as proposed by the Senate.
       The conferees strongly urge the U.S. Army Corps of 
     Engineers to review the need to revise Section 404(b)(1) 
     guidelines to recognize existing land uses and the prior 
     investments made on farmed wetland.
       The conferees have provided $5,000,000 to fully implement 
     an administrative appeals process for the Regulatory Program 
     of the Corps of Engineers. This process shall provide for a 
     single-level appeal of jurisdictional determinations, the 
     results of which shall be considered final agency action 
     under the Administrative Procedures Act. This language is not 
     intended to create a new cause of action or legal mechanism 
     that would result in additional litigation.
       The conference agreement deletes language proposed by the 
     House providing that the results of a single-level appeal of 
     jurisdictional determinations shall be considered final 
     agency action under the Administrative Procedures Act.
       The conference agreement includes language proposed by the 
     House requiring the Corps of Engineers to prepare a report 
     regarding the impacts of proposed replacement permits for the 
     nationwide permit 26 on Regulatory Branch workload and 
     compliance costs, amended to delete language requiring that 
     the report be submitted to certain committees of Congress 
     before the Secretary of the Army may adopt replacement 
     permits or terminate the current nationwide permit 26, and 
     amended to delete a deadline of December 30, 1999, for 
     submission of the report to certain committees of Congress.


            formerly utilized sites remedial action program

       The conference agreement appropriates $150,000,000 for the 
     Formerly Utilized Sites Remedial Action Program (FUSRAP) as 
     proposed by the House and the Senate, and makes the funds 
     available until expended as proposed by the Senate. The 
     remaining statutory provisions proposed by the Senate are 
     contained in section 611 of the bill.


                            general expenses

       The conference agreement appropriates $149,500,000 for 
     General Expenses instead of $148,000,000 as proposed by the 
     House and $151,000,000 as proposed by the Senate.
       The conference agreement includes language proposed by the 
     House prohibiting the use of funds to support an office of 
     congressional affairs within the executive office of the 
     Chief of Engineers.
       The conference agreement deletes language proposed by the 
     House prohibiting the use of funds to support more than one 
     regional office in each division.


                             revolving fund

       The conference agreement deletes language proposed by the 
     Senate authorizing the use of amounts available in the 
     Revolving Fund to renovate office space in the General 
     Accounting Office (GAO) headquarters building in Washington, 
     D.C. for use by the Corps of Engineers and the GAO.

                           General Provisions

                       Corps of Engineers--Civil

       Sec. 101. The conference agreement includes a provision 
     proposed by the Senate directing the Secretary of the Army, 
     acting through the Chief of Engineers, to undertake work 
     funded in the conference agreement using continuing contracts 
     and providing that no fully allocated funding policy shall 
     apply to projects for which funds are provided in the 
     conference agreement.
       Sec. 102. The conference agreement includes a provision 
     proposed by the Senate limiting funding of credits and 
     reimbursements to $10,000,000 per project per fiscal year and 
     a total of $50,000,000 per year for all applicable projects, 
     amended to delete a limitation of reimbursements and credits 
     to a single agreement per project.
       Sec. 103. The conference agreement includes language 
     proposed by the Senate providing that none of the funds made 
     available in the conference agreement may be used to revise 
     the Missouri River Master Water Control Manual if such 
     revision provides for an increase in the springtime water 
     release program during the spring heavy rainfall and snow 
     melt period in states that have rivers draining into the 
     Missouri River below the Gavins Point Dam.
       Provision not included in the conference agreement.--The 
     conference agreement deletes language proposed by the Senate 
     directing continued funding of wildlife habitat mitigation 
     work for the Cheyenne River Sioux Tribe, Lower Brule Sioux 
     Tribe, and State of South Dakota, and earmarking $3,000,000 
     to fund activities authorized under the Cheyenne River Sioux 
     Tribe, Lower Brule Sioux Tribe and State of South Dakota 
     Terrestrial Wildlife Habitat Restoration Act. The amount 
     appropriated for Construction, General includes $1,500,000 
     for these activities.

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                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project


                central utah project completion account

       The conference agreement appropriates $39,370,000 to carry 
     out the provisions of the Central Utah Project Completion Act 
     as proposed by the Senate instead of $37,190,000 as proposed 
     by the House.
       The conference agreement provides that the amount to be 
     deposited into the Utah Reclamation Mitigation and 
     Conservation Account shall be $15,476,000 as proposed by the 
     House instead of $17,047,000 as proposed by the Senate.
       The conference agreement provides that the amount available 
     to the Utah Reclamation Mitigation and Conservation 
     Commission shall be $10,476,000 as proposed by the House 
     instead of $12,047,000 as proposed by the Senate.
       The conference agreement provides that the amount available 
     for administrative expenses shall be $1,321,000 as proposed 
     by the Senate instead of $1,283,000 as proposed by the House.

                         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 $607,927,000 for 
     Water and Related Resources instead of $604,910,000 as 
     proposed by the House and $612,451,000 as proposed by the 
     Senate.
       Of the amount provided for the American River Division of 
     the Central Valley Project, $3,000,000 is for construction of 
     a permanent pumping facility for the Placer County Water 
     Agency, and $2,900,000 is to initiate construction of a 
     temperature control device at Folsom Dam.
       The conference agreement includes final year funding for 
     the Equus Beds Groundwater Recharge Demonstration Project in 
     Kansas.
       The conferees direct the Bureau of Reclamation to use 
     available funds to provide additional recreation facilities 
     at Silo Campground on the southern end of the Canyon Ferry 
     Reservoir in Broadwater County in Montana. The expenditure of 
     these resources will be considered as an in-kind contribution 
     to Broadwater County if consistent with Public Law 105-277.
       The conference agreement includes $1,500,000 for the 
     Newlands Water Rights Fund authorized by the Truckee-Carson-
     Pyramid Lake Water Rights Settlement Act to be utilized to 
     pay for purchasing and retiring water rights in the Newlands 
     Reclamation Project.
       The conferees prohibit the use of funds for any water 
     acquisition undertaken by the Bureau of Reclamation for the 
     Middle Rio Grande or the Carlsbad Projects in New Mexico 
     unless said acquisition is in compliance with the acquisition 
     provisions contained in section 202 of this title for Drought 
     Emergency Assistance.
       The conferees are aware of the WateReuse Research 
     Foundation's ongoing efforts to conduct research on the 
     science and technology aspects of water reclamation and 
     encourage the Bureau of Reclamation to provide assistance to 
     support the WateReuse Foundation's research program.
       The conference agreement provides that the amount available 
     for transfer to the Lower Colorado River Basin Development 
     Fund shall be $24,089,000 as proposed by the House instead of 
     $24,326,000 as proposed by the Senate.
       The conference agreement includes language proposed by the 
     Senate extending the authority of the Reclamation States 
     Emergency Drought Relief Act of 1991.
       The conference agreement includes language proposed by the 
     Senate increasing the authorized level of appropriations for 
     Indian municipal, rural and industrial features of the 
     Garrison Unit Diversion project.
       The conference agreement deletes language proposed by the 
     Senate earmarking funds for the Lake Andes-Wagner/Marty II 
     demonstration program. The amount appropriated for Water and 
     Related Resources includes $150,000 for this program.
       The conference agreement deletes language proposed by the 
     Senate earmarking funds for the Walker River Basin, Nevada, 
     project. The amount appropriated for Water and Related 
     Resources includes $300,000 for this project.
       The conference agreement deletes language proposed by the 
     Senate earmarking funds for environmental restoration at Fort 
     Kearny, Nebraska.


               Bureau of Reclamation Loan Program Account

       The conference agreement appropriates $12,425,000 for the 
     Bureau of Reclamation Loan Program Account as proposed by the 
     House and Senate.


                Central Valley Project Restoration Fund

       The conference agreement appropriates $42,000,000 for the 
     Central Valley Project Restoration Fund instead of 
     $47,346,000 as proposed by the House and $37,346,000 as 
     proposed by the Senate.


                    California Bay-Delta Restoration

       The conference agreement appropriates $60,000,000 for the 
     California Bay-Delta Restoration program instead of 
     $75,000,000 as proposed by the House and $50,000,000 as 
     proposed by the Senate.
       The conference agreement provides that the amount to be 
     used for ecosystem restoration activities shall be 
     $30,000,000 as proposed by the Senate instead of $45,000,000 
     as proposed by the House and that the amount to be used for 
     other activities shall be $30,000,000 as proposed by the 
     House instead of $20,000,000 as proposed by the Senate.
       The conference agreement provides that the amount to be 
     used for planning and management shall not exceed $5,000,000 
     instead of $7,000,000 as proposed by the House and $2,500,000 
     as proposed by the Senate.


                       Policy and Administration

       The conference agreement appropriates $47,000,000 for 
     Policy and Administration instead of $45,000,000 as proposed 
     by the House and $49,000,000 as proposed by the Senate.

                       administrative provisions

       Sec. 201. The conference agreement includes a provision 
     making appropriations available for purchase of not more than 
     six passenger motor vehicles as proposed by the House instead 
     of not more than seven as proposed by the Senate.
       Sec. 202. The conference agreement includes a provision 
     proposed by the Senate imposing limitations on the use of 
     appropriated funds for the leasing of water for specified 
     drought related purposes, amended to limit the use of funds 
     primarily for water leasing instead of exclusively for water 
     leasing.
       Provision not included in the conference agreement.--The 
     conference agreement deletes language proposed by the Senate 
     permitting certain investments of advance payments to Indian 
     tribes, tribal organizations, and tribal consortia.

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                               TITLE III

                          DEPARTMENT OF ENERGY

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


                         house and senate views

       The reports accompanying the House and Senate passed bills 
     include strongly held views of each body regarding the 
     Department of Energy. The conferees have resolved all 
     differences between the two bodies related to funding and 
     where specific direction or requirements are provided. 
     However, the conferees have not attempted to reconcile those 
     portions of the reports that express the opinion of either 
     body.
       For example, the House and Senate reports express differing 
     views on the external regulation of the Department's 
     facilities. The conferees have not addressed this difference 
     of opinion. However, where funding is involved, as it is with 
     regard to providing funding within the Office of Environment, 
     Safety and Health for external regulation, the conferees have 
     agreed not to eliminate such funds as proposed by the Senate.
       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.


             DEPARTMENT OF ENERGY ORGANIZATIONAL STRUCTURE

       The conferees expect the Department to reduce field office 
     staffing by five percent from the current fiscal year 1999 
     aggregate levels. These reductions are not to be prorated, 
     but should be based on an analysis of staffing needs at each 
     individual office.


       EXTERNAL INDEPENDENT ASSESSMENTS OF CONSTRUCTION PROJECTS

       The conferees agree that none of the funds provided for 
     fiscal year 2000 construction projects may be obligated until 
     an external, independent assessment of the baseline cost and 
     schedule has been performed and provided to the House and 
     Senate Committees on Appropriations for review. The 
     Department is also directed to improve the corrective action 
     plans prepared in response to these external reviews. The 
     quality of the corrective action plans received by the 
     Committees on Appropriations has been marginal at best.


                           CONTRACTOR TRAVEL

       The conference agreement includes a statutory provision 
     limiting reimbursement of Department of Energy management and 
     operating contractors for travel expenses to not more than 
     $150,000,000 and requiring contractor travel to be consistent 
     with the rules and regulations for Federal employees. This 
     reduction is not to be prorated, but should be applied to 
     those organizations which appear to have the most egregious 
     travel practices. This is not meant to restrict trips between 
     laboratories to coordinate on program issues. The conferees 
     are particularly concerned with the number of trips by 
     laboratory employees to Washington, D.C., and the expense and 
     excessive number of laboratory employees who travel to 
     Russia.
       The Department is also directed to ensure that 
     reimbursements for contractor travel shall not exceed those 
     costs which would be allowed for travel by employees of the 
     Federal government. The conferees are aware that there is a 
     cost difference because contractors cannot receive government 
     rates for certain travel expenses. However, the regulations 
     should ensure that contractors are not allowed to charge the 
     government for business class or first class travel expenses, 
     hotels which exceed the government per diem allowance, and 
     other expenses and benefits such as the personal use of 
     frequent flier miles which are not allowed if the traveler is 
     a Federal employee. Guidelines that provide for deviations 
     from Federal travel regulations may be approved by the 
     Secretary.


                        AUGMENTING FEDERAL STAFF

       The conferees agree that a reduction is required in the 
     number of Department of Energy management and operating 
     contractors who are assigned to the Washington metropolitan 
     area. Funding for management and operating contractors has 
     been reduced by $15,000,000. The conference agreement 
     endorses the Department's proposed management plan to address 
     this problem and to limit the current assignments to not more 
     than 270 positions in fiscal year 2000. Those positions must 
     perform functions that are highly technical and directly 
     related to laboratory missions. Additionally, the Washington 
     contractor offices (currently 13 for 9 laboratories) should 
     be consolidated into one or two workplaces unless the 
     Department finds that all of the offices can be eliminated by 
     locating them in Department of Energy office space.
       The conference agreement adopts the report requirement 
     proposed by the House. This report, which is due on January 
     31, 2000, is to be augmented to include the status of the 
     Department's proposed management reforms.

                             reprogrammings

       The conference agreement does not provide the Department of 
     Energy with any internal reprogramming flexibility in fiscal 
     year 2000 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 modifies the current laboratory 
     directed research and development (LDRD) program by reducing 
     the allowable cost from six percent to four percent of the 
     funds provided to the laboratories. None of the funds 
     provided to laboratories for environmental cleanup activities 
     may be taxed for LDRD purposes.

                           computer security

       The conference agreement does not withhold funding for 
     information management systems as proposed by the House.


              additional department of energy requirements

       The conferees agree with the House report language on 
     improving project management in the Department of Energy and 
     overhead costs reviews, and the Senate report language on 
     personnel security.


general reductions necessary to accommodate specific program directions

       The Department is directed to provide a report to the House 
     and Senate Committees on Appropriations by January 31, 2000, 
     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 appropriates $644,937,953 instead 
     of $615,317,304 as proposed by the House or $721,233,000 as 
     proposed by the Senate. The conference agreement does not 
     include the Senate bill language providing $15,000,000 for 
     civilian research and development.


               solar and renewable resources technologies

       The conference agreement provides $362,240,000 instead of 
     $356,450,000 as proposed by the House or $353,900,000 as 
     proposed by the Senate.
       Solar building technology research.--The conference 
     agreement includes $2,000,000, the amount provided by the 
     Senate, instead of $2,810,000 as proposed by the House. The 
     conference agreement includes $1,700,000 for technology 
     development and $300,000 for quality assurance.
       Photovoltaic systems research and development.--The 
     conference agreement includes $69,847,000, instead of 
     $72,977,000 as proposed by the House or $66,847,000 as 
     proposed by the Senate. Within the $67,000,000 provided to 
     the Office of Energy Efficiency and Renewable Energy, the 
     conferees have provided $27,000,000 for advanced materials 
     and devices, $15,309,000 for fundamental research, and 
     $24,691,000 for collector research and systems development 
     program of which up to $1,500,000 may be used for ``million 
     solar roofs'' activities. From the amount provided, the 
     conferees have provided $1,000,000 for the Materials Science 
     Center in Tempe, Arizona.
       Concentrating solar power systems.--The conference 
     agreement includes $15,410,000, the same amount as the House, 
     instead of $15,000,000 as proposed by the Senate. The 
     conferees have provided $5,000,000 for distributed power 
     system development, $5,000,000 for dispatchable power system 
     development, and $2,900,000 for advanced component and system 
     research. No funds have been provided here for strategic 
     alliances and market awareness activities. The conferees have 
     included $2,500,000 for research and development for the 
     U.S.-manufactured 22kw dish sterling program.
       Biomass/biofuels research and development.--The conference 
     agreement includes $98,740,000, instead of $98,960,000 as 
     proposed by the House or $99,690,000 as proposed by the 
     Senate. The conferees have provided $26,740,000 for research 
     to be managed by the Office of Science, the same as the 
     amount in the budget request. The conference agreement 
     includes $32,500,000 for power systems and $39,500,000 for 
     the transportation program. The conferees have provided up to 
     $1,000,000 for the regional biomass program to be derived 
     from the power program. The conferees have not included the 
     House provision prohibiting further funding of the Vermont 
     gasification project. The conference agreement includes up to 
     $5,000,000 for the final Federal contribution to this 
     facility. The conferees have provided $1,000,000 for the 
     Consortium for Plant Biotechnology Research, to be derived 
     from the power program. The conferees have included the House 
     provision providing up to $6,000,000 for the multi-agency 
     biomass program. The Department is directed to include a 
     competitive solicitation for projects that meet criteria for

[[Page 22778]]

     funding under the Department's unique role in this multi-
     agency effort.
       The conference agreement does not include funds for the 
     Vermont agriculture methane project or the Southern Illinois 
     University project as provided in the Senate report. The 
     conferees have included up to $500,000 for the P-series fuel 
     project at the University of Louisville. The conferees have 
     not included any other new projects in the transportation 
     program. The conferees note that the Department has funded 
     several biomass energy projects during recent years whose 
     timelines have been delayed for various reasons. The 
     conferees believe it is time for the Department to complete 
     these projects and related activities before initiating new 
     projects. Accordingly, funds are included for the completion 
     and/or termination costs of previously funded biomass 
     projects. The conferees have provided $3,000,000 for the 
     Michigan Biotechnology Institute (MBI), to be derived equally 
     from the power and transportation programs. The conferees 
     direct that the Department and MBI submit a spending plan to 
     the Committees on Appropriations for approval no later than 
     November 30, 1999.
       Wind energy research and development.--The conference 
     agreement includes $33,283,000, instead of $31,243,000 as 
     proposed by the House or $34,283,000 as proposed by the 
     Senate. The conferees have provided $283,000 for research to 
     be managed by the Office of Science, the same as the budget 
     request. Within the $33,000,000 provided to the Office of 
     Energy Efficiency and Renewable Energy, $13,500,000 is for 
     applied research, the same amount as the budget request. The 
     conference agreement does not include prescriptive language 
     specifying allocations as included in the Senate Report.
       Renewable energy production incentive.--The conference 
     agreement includes $1,500,000, the amount of the budget 
     request and the amount provided by the Senate, instead of 
     $2,610,000 as proposed by the House.
       Solar program support.--The conference agreement includes 
     $5,000,000, a $3,000,000 increase over the amount provided by 
     the House and Senate. The conferees have included the House 
     proposal to provide $1,000,000 for electricity restructuring 
     activities and $1,000,000 for feasibility studies in 
     preparation for a competitive solicitation. The conferees 
     have provided an additional $3,000,000 for the Department to 
     conduct distributed power system integration research and 
     development. This effort is to be part of the competitive 
     solicitation program and shall include modeling, field 
     testing and analyses to determine the best means of 
     integrating distributed power resources, including renewable 
     energy, combined heat and power, and hybrid systems into the 
     electricity system in a manner that enhances reliability, 
     safety and power quality.
       International solar energy.--The conference agreement 
     includes $4,000,000 instead of $4,950,000 as provided by the 
     House or $3,000,000 as provided by the Senate. Of this 
     amount, $3,000,000 is to be provided expeditiously to 
     International Utility Efficiency Partnerships, Inc. (IUEP). 
     IUEP shall competitively award all projects, continuing its 
     leadership role in reducing carbon dioxide emissions using 
     voluntary market-based mechanisms.
       National Renewable Energy Laboratory (NREL).--The 
     conference agreement includes $1,100,000, the amount of the 
     budget request, as proposed by the Senate instead of 
     $2,800,000 as proposed by the House.
       Geothermal technology development.--The conference 
     agreement includes $24,000,000, the amount provided by the 
     Senate, instead of $24,310,000 as proposed by the House. The 
     conference agreement includes $6,000,000 for exploration 
     research and development and $5,500,000 for drilling 
     technology research and development.
       Hydrogen research and development.--The conference 
     agreement includes $27,970,000, instead of $24,730,000 as 
     proposed by the House and $29,970,000 as proposed by the 
     Senate. The conferees have provided $2,970,000 for research 
     to be managed by the Office of Science, the same as the 
     amount in the budget request. The conference agreement does 
     not include the specific funding items listed in the Senate 
     report except for $250,000 for the carbon dioxide/hydrogen 
     production gas reforming facility in Nevada and $350,000 for 
     the Montana Trade Port Authority in Billings, Montana.
       Hydropower.--The conference agreement includes $5,000,000 
     as proposed by the Senate, instead of $2,760,000 as proposed 
     by the House. The amount provided is exclusively for cost-
     shared research and development of ``fish-friendly'' 
     turbines.
       Renewable Indian energy resources.--The conference 
     agreement includes $4,000,000, the same amount as proposed by 
     the Senate, instead of no funds as proposed by the House. The 
     conferees have provided funds in accordance with the Senate 
     report, except that $1,000,000 is provided for the Nome 
     diesel upgrade instead of the Kotzebue wind project.
       Electric energy systems and storage.--The conference 
     agreement includes $38,410,000, instead of $38,910,000 as 
     proposed by the House or $33,500,000 as proposed by the 
     Senate. The conferees have provided $31,910,000 for high-
     temperature superconducting research and development, 
     $3,500,000 for energy storage systems and $3,000,000 to 
     support a national laboratory/utility industry partnership to 
     conduct research on reliability of the nation's electricity 
     infrastructure including the impact of electricity 
     restructuring on safety and reliability. The conference 
     agreement includes $500,000 for the distributed power 
     demonstration project at the Nevada Test Site instead of 
     $1,000,000 as provided in the Senate report.
       Program direction.--The conference agreement includes 
     $17,720,000, the same amount provided by the House, instead 
     of $17,750,000 as proposed by the Senate.


                             nuclear energy

       The conference agreement provides $288,700,000, instead of 
     $265,700,000 as proposed by the House or $297,700,000 as 
     proposed by the Senate.
       Advanced radioisotope power systems.--The conference 
     agreement includes $34,500,000, instead of $32,000,000 as 
     provided by the House or $37,000,000 as provided by the 
     Senate.
       Test reactor area landlord.--The conference agreement 
     includes $9,000,000, the same amount as proposed by the House 
     and the Senate.
       University reactor fuel assistance and support.--The 
     conference agreement includes $12,000,000, the same amount 
     provided by the House and the Senate.
       Nuclear energy plant optimization.--The conference 
     agreement includes $5,000,000, the same amount provided by 
     the House and the Senate. The conferees direct that the 
     Department ensure that projects are funded jointly with non-
     Federal partners and that total non-Federal contributions are 
     equal to or in excess of total Department contributions to 
     projects funded in this program.
       Nuclear energy research initiative.--The conferees have 
     provided $22,500,000 for the nuclear energy research 
     initiative, instead of $25,000,000 as recommended by the 
     Senate or $20,000,000 as recommended by the House.
       Civilian research and development.--The conference 
     agreement includes $9,000,000, instead of no funding as 
     recommended by the House and $15,000,000 as provided by the 
     Senate. The conferees direct that funding be provided in 
     accordance with the Department's Roadmap for Developing ATW 
     Technology and encourage international participation and 
     cooperation in the program.
       Fast Flux Test Facility.--The conference agreement provides 
     $28,000,000 as proposed by the Senate, instead of $30,000,000 
     as proposed by the House.
       Termination costs.--The conference agreement provides 
     $80,000,000 as provided by the Senate, instead of $75,000,000 
     as provided by the House. The conference agreement provides 
     the full amount of the budget request to complete draining 
     and processing EBR-II primary sodium. The conferees direct 
     the Department to notify the Committees immediately if any 
     issues arise that would delay the Department's plan to 
     complete these activities as stated in the budget 
     justification documents. If additional funds are required, 
     the Department should send a reprogramming request to the 
     Committees as expeditiously as possible.
       Uranium programs.--The conference agreement includes 
     $43,500,000, instead of $40,000,000 as proposed by the House 
     and $39,000,000 as proposed by the Senate. The conferees have 
     provided an additional $3,987,000 to address worker and 
     public health and safety concerns at the gaseous diffusion 
     plant sites.
       Isotope support.--The conference agreement includes 
     $20,500,000, instead of $18,000,000 as proposed by the House 
     or $23,000,000 as proposed by the Senate. The conferees have 
     included $7,500,000 for the Isotope production facility, the 
     same amount as provided by the Senate.
       Program direction.--The conference agreement includes 
     $24,700,000, the same amount provided by the House and the 
     Senate.


                     environment, safety and health

       The conference agreement includes $38,998,000, instead of 
     $36,750,000 as recommended by the House or $48,998,000 as 
     recommended by the Senate. The conferees direct that the 
     reduction from the budget request be directed to eliminate 
     lower-priority activities currently funded in this program. 
     The conference agreement does not preclude funding for 
     external regulation-related activities.


                       energy support activities

       Technical information management program.--The conference 
     agreement includes $8,600,000, the same amount provided by 
     the House and the Senate.
       Transfer of funds to the Occupational Safety And Health 
     Administration.--The conference agreement includes $1,000,000 
     for safety and health activities related to non-Federal 
     workers at Federal facilities and regulatory responsibilities 
     at non-nuclear facilities. This is the same amount as the 
     House, instead of no funding as recommended by the Senate.
       Field operations.--The conference agreement includes the 
     House provision transferring funding of field offices to 
     sponsoring programs in accordance with the Department's 
     management reorganization plan. Funding for the Chicago, 
     Oakland and Oak Ridge offices has been provided in the 
     Science account. Funding for the Idaho office has been moved 
     to the Environmental Management account.

[[Page 22779]]

       Oak Ridge landlord.--The conference agreement includes the 
     House provision transferring funding to the Science account.

                          Funding Adjustments

       The conferees have included the transfers totaling 
     $5,820,953 from the Geothermal Resources Development and 
     United States Enrichment Corporation Funds as proposed in the 
     budget request and included in the House and Senate bills. 
     The conference agreement also includes $47,100,000, the same 
     amount as the budget request, for research performed by the 
     Office of Science related to solar and renewable energy 
     technologies.
       The conference agreement does not include the Senate 
     provision to use $31,589,000 identified as prior year 
     balances. The House did not include a prior year balance 
     adjustment. The conference agreement includes a reduction of 
     $1,500,000 for contractor travel, a $1,000,000 reduction for 
     management and operating contractors in Washington, D.C., and 
     a $5,000,000 general reduction.

                  Non-Defense Environmental Management

       The conference agreement appropriates $333,618,000 instead 
     of $327,223,000 as proposed by the House and $327,922,000 as 
     proposed by the Senate.
       The conference agreement includes $595,000 for the National 
     Low-Level Waste Program in fiscal year 2000. These funds are 
     to be used to maintain Federal data bases for tracking and 
     reporting on low-level waste disposal information.
       The conference agreement includes an additional $5,800,000 
     to complete cleanup at the Grand Junction site in Colorado in 
     fiscal year 2000.
       The conferees are aware of additional costs being incurred 
     in the TMI Fuel Storage project related to compliance with 
     Nuclear Regulatory Commission safety requirements. The 
     Department should submit a reprogramming request as 
     expeditiously as possible to remedy this shortfall.

      Uranium Enrichment Decontamination and Decommissioning Fund

       The conference agreement appropriates $250,198,000 instead 
     of $240,198,000 as proposed by the House and $200,000,000 as 
     proposed by the Senate.
       An additional $10,000,000 has been provided to accelerate 
     cleanup activities at the gaseous diffusion plants in 
     Paducah, Kentucky, and Portsmouth, Ohio, in an effort to deal 
     with radioactive contamination of groundwater, surface water, 
     and on-site burial grounds, as well as decontamination and 
     decommissioning of facilities. The conferees are aware of 
     over $30,000,000 in additional cleanup work at the Paducah 
     site alone that was identified in the Phase I preliminary 
     investigation completed by the Department on September 14, 
     1999. The conferees urge the Department to substantially 
     increase the funding request in fiscal year 2001 for the 
     Paducah and Portsmouth facilities to fully characterize waste 
     in and around the DOE reservations and to eliminate the 
     existing threats to the residents, workers, and the 
     environment.
       Funding of $30,000,000, the same as the budget request, has 
     been provided for the uranium and thorium reimbursement 
     program. The conferees recognize there are eligible uranium 
     and thorium licensee claims under Title X of the Energy 
     Policy Act that have been approved for reimbursement, but not 
     yet paid in full. The conferees direct the Department of 
     Energy to submit with the fiscal year 2001 budget request a 
     current list of the licensees approved for payment, amounts 
     paid to date, and remaining balances requiring reimbursement 
     for each of the claimants.

                                Science

       The conference agreement appropriates $2,799,851,000, 
     instead of $2,718,647,000 as provided by the House or 
     $2,725,069,000 as provided by the Senate. The conference 
     agreement does not include the Senate bill language providing 
     funding for Boston College, the University of Missouri or the 
     Natural Energy Laboratory of Hawaii.
       High energy physics.--The conference agreement provides 
     $707,890,000 for high energy physics, instead of $715,525,000 
     as provided by the House or $691,090,000 as provided by the 
     Senate. The conference agreement does not include the Senate 
     reduction for research and development of a TeV scale center 
     of mass accelerator. The conferees do have concerns about the 
     early cost projections of this planned facility and urge the 
     Department to consider reasonable expectations of budgets and 
     significant international participation during the early 
     planning process for this proposed facility.
       Nuclear physics.--The conference agreement provides 
     $352,000,000 for nuclear physics, instead of $357,940,000 as 
     provided by the House or $330,000,000 as provided by the 
     Senate. The conference agreement does not include the Senate 
     provision eliminating funding for the Bates Linear 
     Accelerator Laboratory.
       Biological and environmental research.--The conference 
     agreement includes $441,500,000, instead of $406,170,000 as 
     provided by the House or $429,700,000 as provided by the 
     Senate. The conferees have included $19,500,000 for the low-
     dose effects program including a review of the Hiroshima 
     dosimetry system. The conferees have not provided $2,000,000 
     in the Defense Environment, Safety and Health account as 
     proposed by the Senate for this review. The conferees have 
     provided $100,000 to study the effects of radiation on avian 
     populations at the Nevada Test Site.
       The conference agreement includes $5,000,000 for 
     improvements and optimum utilization of the University of 
     Missouri research reactor and $1,500,000 for the Natural 
     Energy Laboratory in Hawaii. The conferees have provided 
     $2,500,000 for the bone marrow transplantation/
     radioimmunotherapy program at the City of Hope National 
     Medical Center and $1,000,000 for the Gallo Institute of the 
     Cancer Institute of New Jersey. The conference agreement also 
     includes $1,000,000 for cancer research at the Burbank 
     Hospital Regional Center in Fitchburg, Massachusetts; 
     $2,000,000 for the Midwest Proton Radiation Institute; 
     $1,000,000 for the Center for Research on Aging at Rush-
     Presbyterian-St. Luke's Medical Center in Chicago, Illinois; 
     and $1,000,000 for the breast cancer program at the North 
     Shore-Long Island Jewish Health System.
       The conference agreement includes $1,500,000 for the 
     Medical University of South Carolina's Cancer Research 
     Center, $1,500,000 for the West Virginia National Education 
     and Technology Center, $1,500,000 for the University of Las 
     Vegas Science Complex, $1,000,000 for the Science Center at 
     Creighton University, and $1,500,000 for the Utton 
     Transboundary Center. The conference agreement includes 
     $10,000,000 to further development of technologies using 
     advanced functional brain imaging methodologies, including 
     magnetoencephalography, for conduct of basic research in 
     mental illness and neurological disorders. The conferees are 
     aware of research into the molecular basis of disease and 
     MicroPET at the University of California Los Angeles and 
     encourage the Department to review this new technology and 
     possible collaborations and report back to the Committees.
       Basic energy sciences.--The conference agreement includes 
     $783,127,000 instead of $735,989,000 as recommended by the 
     House or $854,545,000 as recommended by the Senate. The 
     conferees have included $7,000,000 for the Experimental 
     Program to Stimulate Competitive Research, the same amount as 
     provided by the House and the Senate. The conferees included 
     very modest reductions to BES research programs and they 
     strongly oppose any effort by the Department to target one 
     laboratory when allocating this reduction.
       Spallation Neutron Source.--The recommendation includes 
     $117,900,000, including $100,000,000 for line-item 
     construction costs and $17,900,000 for related research and 
     development. The amount provided is $69,000,000 less than the 
     amount provided by the Senate and $50,000,000 more than the 
     amount provided by the House. The conferees have provided the 
     same amount authorized in the House-passed authorization 
     bill.
       Computational and technology research.--The conference 
     agreement includes $132,000,000, instead of $143,000,000 as 
     provided by the House or $129,000,000 as provided by the 
     Senate. The conferees strongly support the Department's 
     current supercomputer programs including ASCI, NERSC, and 
     modeling programs. The conferees urge the Department to 
     submit a comprehensive plan for a non-Defense supercomputing 
     program that reflects a unique role for the Department in 
     this multi-agency effort and a budget plan that indicates 
     spending requirements over a five-year budget cycle.
       Energy research analyses.--The conference agreement 
     includes $1,000,000, the same amount provided by the House 
     and the Senate.
       Multiprogram energy labs--facility support.--The conference 
     agreement includes $21,260,000, the same amount provided by 
     the House and the Senate. The conference agreement includes 
     the additional $1,000,000 provided by the House to fully fund 
     the Department's commitment to the payment-in-lieu of taxes 
     program and does not include the additional $1,000,000 
     provided by the Senate for roofing improvements at Oak Ridge 
     National Laboratory.
       Fusion energy sciences.--The conference agreement includes 
     $250,000,000, the same amount provided by the House instead 
     of $220,614,000 as provided by the Senate. The conferees are 
     pleased with the highly supportive recent report on fusion 
     energy science from the Secretary of Energy's Advisory Board 
     and with the comprehensive scientific plan developed by the 
     Fusion Energy Sciences Advisory Committee (FESAC). The FESAC 
     plan should be used by the Department as guidance in the 
     allocation of the resources provided for fusion energy 
     sciences.
       Oak Ridge landlord.--The conference agreement includes 
     $11,800,000 as proposed by the House.
       Program Direction.--The recommendation is $131,108,000, 
     instead of $126,963,000 as proposed by the House or 
     $52,360,000 as proposed by the Senate. The conferees have 
     provided $52,360,000 for headquarters program direction 
     activities, the same amount provided by the House and Senate.


                          Funding Adjustments

       The conference agreement includes a reduction of 
     $10,834,000 for contractor travel, the same amount as the 
     budget request. The conferees have also included a $1,000,000 
     reduction for management and operating contractors in 
     Washington, D.C.; a $10,000,000

[[Page 22780]]

     general reduction; and a $10,000,000 reduction reflecting the 
     House provision to include all funding for science education 
     activities with program direction funding.

                         Nuclear Waste Disposal

       The conference agreement appropriates $240,500,000 for 
     Nuclear Waste Disposal instead of $242,500,000 as proposed by 
     the Senate and $169,000,000 as proposed by the House.
       The conference agreement includes $500,000 for the State of 
     Nevada instead of $4,727,000 as proposed by the Senate and no 
     funds as proposed by the House. This funding will be provided 
     to the Department of Energy which will reimburse the State 
     for actual expenditures on appropriate scientific oversight 
     responsibilities conducted pursuant to the Nuclear Waste 
     Policy Act of 1982. These funds may not be used for salaries 
     and expenses for State employees in the oversight office.
       The conference agreement includes $5,432,000 for affected 
     units of local government as proposed by the Senate instead 
     of no funds as proposed by the House. Funding for the 
     affected local governments is to be allocated in the same 
     proportion as was provided to each affected local government 
     in fiscal year 1998.
       The conference agreement includes $1,000,000 for seismic 
     evaluations instead of $3,000,000 as proposed by the Senate. 
     No funds are provided in this account for the development of 
     accelerator transmutation of waste technology.

                      Departmental Administration

       The conference agreement appropriates $206,365,000 for 
     Departmental Administration instead of $193,769,000 as 
     proposed by the House and $219,415,000 as proposed by the 
     Senate. Funding of $10,000,000 is to be transferred to this 
     account from Other Defense Activities. Revenues of 
     $106,887,000, $10,000,000 less than the budget request, are 
     estimated to be received in fiscal year 2000, resulting in a 
     net appropriation of $99,478,000.
       The conference agreement provides $26,000,000 for the Chief 
     Financial Officer, an increase over the budget request of 
     $23,792,000. These additional funds are to support the new 
     engineering and construction division.
       The conference agreement provides $1,000,000 as proposed by 
     the House for severance payments for the office of field 
     management.
       Reprogramming Guidelines.--The conference agreement 
     provides reprogramming authority of $500,000 or 5 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. This should provide the needed 
     flexibility to manage this account. Congressional 
     notification within 30 days of the use of this reprogramming 
     authority is required. Transfers which would result in 
     increases or decreases in excess of $500,000 or 5 percent to 
     an individual program account during the fiscal year require 
     prior notification and approval from the House and Senate 
     Committees on Appropriations.

                    Office of the Inspector General

       The conference agreement appropriates $29,500,000 for the 
     Inspector General instead of $30,000,000 as proposed by the 
     House and $29,000,000 as proposed by the Senate.

                    Atomic Energy Defense Activities


                           Weapons Activities

       The conference agreement appropriates $4,443,939,000 
     instead of $3,962,500,000 as proposed by the House and 
     $4,609,832,000 as proposed by the Senate.
       The conference agreement includes language proposed by the 
     Senate providing that funding for any ballistic missile 
     defense program undertaken by the Department of Energy for 
     the Department of Defense must be provided in accordance with 
     procedures established for Work for Others by the Department 
     of Energy.
       The conference agreement deletes language proposed by the 
     Senate allowing the use of stockpile stewardship funds for 
     regional economic development and language proposed by the 
     House deferring the obligation of $1,000,000,000 until 
     certain conditions are met.
       Stockpile stewardship.--The conferees have postponed the 
     integrated strategy proposed by the Senate. From within 
     available funds, the conference agreement provides 
     $10,000,000 to enhance or provide new microsystems capability 
     at the Sandia National Laboratory and $5,000,000 to begin the 
     process of moving the Atlas pulsed power experimental 
     facility to the Nevada Test Site.
       Funding of $316,000,000 has been provided for the 
     accelerated strategic computing initiative (ASCI) program, a 
     reduction of $25,000,000 from the request of $341,000,000.
       Inertial Fusion.--The agreement includes the additional 
     $10,000,000 proposed by the House for the inertial fusion 
     program to further development of high average power lasers.
       National Ignition Facility.--The conference agreement does 
     not include the additional funding proposed by the Senate for 
     the National Ignition Facility.
       The National Ignition Facility has been described as one of 
     the cornerstones of the Stockpile Stewardship Program. The 
     conferees understand that the most recent internal review of 
     the project has concluded that the projected cost to complete 
     the project has increased and the completion date will be 
     delayed. The conferees are very disappointed by this. 
     Additional reviews will be performed in coming months to 
     establish the appropriate future actions for proceeding with 
     this project.
       The conferees direct that the Secretary of Energy complete 
     and certify a new cost and schedule baseline for the National 
     Ignition Facility and submit that certification to the 
     Committees by June 1, 2000. If the Secretary is unable to 
     provide such a certification, the Department should prepare 
     an estimate of the costs necessary to terminate the project.
       Technology transfer.--The conference agreement provides 
     $14,500,000 for the technology transfer program. This 
     includes $5,000,000 for the Amarillo Plutonium Research 
     Center, the same as the budget request. The remaining funds 
     support the projects identified in the budget request. The 
     conferees recognize that the funds provided for technology 
     transfer have been reduced substantially in recent years and 
     recommend that the Department concentrate the remaining funds 
     on technology partnerships with small business.
       Education.--The conference agreement provides $18,600,000 
     for education programs, including the budget request of 
     $6,000,000 for the Northern New Mexico Educational Enrichment 
     Foundation and $8,000,000 for the Los Alamos School District.
       Stockpile management.--For core stockpile management 
     activities, the conference agreement provides $1,965,300,000, 
     which includes the following adjustment to the budget 
     request. Additional funding of $25,000,000 is to be 
     distributed among the Y-12 plant in Oak Ridge, Tennessee; the 
     Kansas City plant in Missouri; the Pantex plant in Amarillo, 
     Texas; and, if necessary, up to $1,000,000 may be provided to 
     plan modifications of the nuclear materials vault at the Los 
     Alamos TA-55 facility.
       Tritium.--A total of $175,000,000 is provided for continued 
     research and development on a new source of tritium. Funding 
     of $36,000,000, an increase of $5,000,000 over the budget 
     request, has been provided for design only activities in 
     Project 98-D-126, Accelerator Production of Tritium.
       Chemical and Metallurgical Research (CMR) Building 
     Upgrades.--The conference agreement provides $15,000,000 for 
     upgrades to the CMR building. The conferees direct the 
     Department to initiate the conceptual design of a replacement 
     facility using existing operating funds.
       Transportation Safeguards Division.--The conference 
     agreement establishes a separate account for the 
     Transportation Safeguards Division, as proposed by the House, 
     and provides the budget request of $91,812,000. The conferees 
     are aware that funding adjustments may be required in fiscal 
     year 2000 to accommodate additional program activities.
       Program direction.--The conference agreement provides 
     $209,000,000, a reduction of $5,688,000 from the budget 
     request after transferring $31,812,000 to the Transportation 
     Safeguards Division account.
       Funding adjustments.--The conference agreement includes the 
     use of $7,668,000 of prior year balances, $30,000,000 for 
     contractor travel savings, $5,000,000 for management and 
     operating contractor savings, and a general reduction of 
     $29,800,000.

         Defense Environmental Restoration and Waste Management

       The conference agreement appropriates $4,484,349,000 for 
     Defense Environmental Restoration and Waste Management 
     instead of $4,157,758,000 as proposed by the House and 
     $4,551,676,000 as proposed by the Senate. Additional funding 
     of $1,064,492,000 is contained in the Defense Facilities 
     Closure Projects account and $189,000,000 in the Defense 
     Environmental Management Privatization account for a total of 
     $5,737,841,000 provided for all defense environmental 
     management activities.
       In the event that the conference agreement requires a 
     general reduction of available funding, such reductions shall 
     be applied to the lowest priority projects and activities at 
     each site in order to preserve critical program activities.
       The conference agreement does not include statutory 
     language proposed by the Senate earmarking funds for a 
     project in Idaho.
       Site/Project Completion.--The conference agreement provides 
     an additional $10,000,000 to address funding shortfalls at 
     the Hanford site in Richland, Washington.
       Post 2006 Completion.--The conference agreement includes an 
     additional $10,000,000 for spent fuel activities related to 
     the Idaho Settlement Agreement; $13,000,000 to maintain 
     schedules required by revised compliance agreements with the 
     State of Washington; and $10,000,000 to support high level 
     waste removal activities at the Savannah River Site in South 
     Carolina.
       Waste Isolation Pilot Plant (WIPP).--The conferees have 
     included statutory language that would enable the Department 
     to use funds otherwise available to the State of New Mexico 
     to meet any bonding requirements that the State may impose on 
     the operations of WIPP. The inclusion of such a provision 
     should not be taken as a precedent. To the contrary, should 
     such a requirement be imposed on the operation of WIPP, the

[[Page 22781]]

     conferees will recommend a statutory prohibition on such 
     requirements.
       The Department of Energy should review the role of the 
     Environmental Evaluation Group to determine whether it is 
     necessary to continue this oversight group now that WIPP has 
     opened.
       Health effects studies.--No funds are provided for health 
     effects studies in the Environmental Management program. All 
     funding for health effects studies is included in the 
     Environment, Safety and Health (Defense) program.
       Science and Technology Development.--The conference 
     agreement provides $230,500,000 for the technology 
     development program, the same as the budget request. The 
     Department is directed to provide $5,000,000 from within 
     available funds for the next round of new and innovative 
     research grants in the environmental management science 
     program in fiscal year 2000. The Department is urged to 
     reallocate funds to the extent possible to provide up to 
     $10,000,000 for technology deployment activities.
       The conference agreement provides $4,500,000, an increase 
     of $500,000 over the budget request, for the Diagnostic 
     Instrumentation and Analysis Laboratory.
       Program direction.--The conferees have provided 
     $339,409,000 for the program direction account. The 
     recommendation includes funding for the Federal employees at 
     the Idaho Operations Office consistent with the Department's 
     new organization structure.
       Economic development.--The conference agreement maintains 
     the current policy that no cleanup funds are to be used for 
     economic development activities. The conferees have provided 
     $24,500,000 in the worker and community transition program 
     which was established and authorized to fund such activities, 
     and expect all economic development activities to be funded 
     from that program.
       Funding adjustments.--The conference agreement includes the 
     use of $40,000,000 of prior year balances; $6,000,000 for 
     contractor travel savings; $8,700,000 in offsetting 
     collections; and $2,000,000 for management and operating 
     contractor savings.

                  Defense Facilities Closure Projects

       The conference agreement appropriates $1,064,492,000 for 
     the Defense Facilities Closure Projects account instead of 
     $1,054,492,000 as proposed by the House and $1,069,492,000 as 
     proposed by the Senate. The conferees expect the Department 
     to request adequate funds to keep each of these projects on a 
     schedule for closure by 2006 or earlier.

             Defense Environmental Management Privatization

       The conference agreement provides $189,000,000 for the 
     environmental management privatization program instead of 
     $228,000,000 as proposed by the House and the Senate. The 
     conferees are aware that funding requirements for the 
     Disposal Cell at Oak Ridge, Tennessee, have been reduced by 
     $39,000,000.

                        Other Defense Activities

       The conference agreement appropriates $1,722,444,000 for 
     Other Defense Activities instead of $1,651,809,000 as 
     proposed by the House and $1,872,000,000 as proposed by the 
     Senate. Details of the conference agreement are provided 
     below.


                 NONPROLIFERATION AND NATIONAL SECURITY

       The conference agreement provides $744,850,000 for 
     nonproliferation and national security programs instead of 
     $691,050,000 as proposed by the House and $822,300,000 as 
     proposed by the Senate.
       Competitive research.--The conferees direct the Department 
     to initiate a free and open competitive process for 25 
     percent of its research and development activities during 
     fiscal year 2000. In addition, 25 percent of the Department's 
     treaty monitoring program is to be awarded through an open 
     competitive process. The competitive process should be open 
     to all Federal and non-Federal entities.
       The conference agreement provides funds for Project 00-D-
     192, the Nonproliferation and International Security Center 
     at Los Alamos. However, none of the funds may be obligated 
     until an external, independent project assessment has been 
     completed and provided to the House and Senate Committees on 
     Appropriations for review.
       Federal employees.--The conferees are aware that the 
     Department does not have enough qualified Federal employees 
     available to manage the nonproliferation and national 
     security programs, particularly the Russian programs. The 
     conferees will favorably consider a reprogramming of funds 
     from these program areas to the program direction account as 
     Federal employees are hired to replace the contractor 
     employees who currently oversee these programs contrary to 
     proper role of contractor employees.
       Arms Control.--The conference agreement includes 
     $41,152,000 for chemical and biological non-proliferation 
     activities; $150,000,000 for the materials protection, 
     control and accounting program; $22,500,000 for the 
     Initiatives for Proliferation Program; and $7,500,000 for the 
     Nuclear Cities Initiative.
       Emergency Management.--The conference agreement includes 
     the budget request of $21,000,000 for emergency management.
       Nuclear Safeguards and Security.--The conference agreement 
     provides $69,100,000, an increase of $10,000,000 over the 
     budget request. This funding is recommended to enhance 
     protection of critical facilities and infrastructure against 
     physical and cyber attacks. From within available funds, 
     $1,000,000 is provided to address the vulnerabilities of 
     security equipment; $1,000,000 is provided to procure safety 
     locks to meet Federal specifications; and $1,000,000 is to be 
     used for an enhanced information assurance program.
       Security Investigations.--The conference agreement provides 
     $33,000,000 for security investigations, an increase of 
     $3,000,000 over the budget request.
       HEU Transparency Implementation.--The conference agreement 
     provides $15,750,000, the same as the budget request.
       International Nuclear Safety.--The conference agreement 
     provides $15,000,000 for the international nuclear safety 
     program. This funding is to be used only for activities in 
     support of completing the upgrades to Soviet-designed nuclear 
     reactors. No funds are provided to initiate new programs in 
     fiscal year 2000 or to expand new programs initiated in 
     fiscal year 1999.
       Program direction.--The conference agreement provides 
     $89,000,000 for the program direction account. The conferees 
     are aware of and support the proposal to restructure the 
     Moscow office by reducing the use of national laboratory 
     employees.


                              INTELLIGENCE

       The conference agreement includes $36,059,000 as proposed 
     by the House and the Senate to support the Department's 
     intelligence program.


                          COUNTERINTELLIGENCE

       The conference agreement includes $39,200,000 as proposed 
     by the House and the Senate to support the Department's 
     counterintelligence program.


            INDEPENDENT OVERSIGHT AND PERFORMANCE ASSURANCE

       The conference agreement provides $5,000,000 in support of 
     the newly established office of independent oversight and 
     performance assurance. This is in addition to the funds 
     provided for this office in the budget for Environment, 
     Safety and Health (Defense).


                ENVIRONMENT, SAFETY AND HEALTH (DEFENSE)

       The conference agreement provides $98,000,000 for defense-
     related environment, safety and health activities instead of 
     $96,600,000 as proposed by the House and $94,000,000 as 
     proposed by the Senate. The conference agreement does not 
     reduce funding for environmental evaluations and contractor 
     support to the Defense Nuclear Facilities Safety Board 
     liaison. The budget request of $13,500,000 has been provided 
     for the Radiation Effects Research Foundation.
       Health Effects Studies.--The conferees have provided 
     $48,956,000 for health effects studies. This amount includes 
     the budget request of $40,956,000 in this account and 
     $8,000,000 from the Defense Environmental Management program.
       From within available funds, the Department should 
     reprioritize the funding for health effects studies to 
     address the health concerns of current and former workers for 
     the purpose of early identification of work-related diseases 
     at the gaseous diffusion plants in Paducah, Portsmouth, and 
     Oak Ridge. As part of this screening program, the Department 
     is urged to make use of recent medical advances that detect 
     lung cancers at an early stage. Medical screening results 
     will be assessed by occupational medicine physicians, and the 
     participants, where appropriate, will be provided referral 
     assistance. The conferees also urge the Department to request 
     sufficient funds for fiscal year 2001 to provide medical 
     surveillance for those workers, both former and current, who 
     were not screened under this accelerated program at the three 
     gaseous diffusion plants.


                    WORKER AND COMMUNITY TRANSITION

       The conference agreement provides $24,500,000 for the 
     worker and community transition program instead of 
     $20,000,000 as proposed by the House and $30,000,000 as 
     proposed by the Senate. Since there are no significant 
     program funding decreases in the Department of Energy in 
     fiscal year 2000, the conferees have reduced the funding 
     allocated for enhanced severance benefits and local 
     assistance grants.
       The conferees do not agree that this program should share 
     the infrastructure burden that is necessary to maintain test 
     readiness at the Nevada Test Site, but support efforts to 
     diversify technical activities at the Nevada Test Site.


                     FISSILE MATERIALS DISPOSITION

       The conference agreement provides $173,235,000 for fissile 
     materials disposition instead of $190,000,000 as proposed by 
     the House and $205,000,000 as proposed by the Senate. The 
     conference agreement does not include the budget request of 
     $21,765,000 for Project 00-D-142, Immobilization and 
     Associated Processing Facility, which has been delayed. The 
     conference agreement provides no long-lead procurement funds 
     for Project 99-D-141, Pit Disassembly and Conversion 
     Facility.
       The conferees have included $5,000,000 as proposed by the 
     Senate to support the joint U.S.-Russian development program 
     of advanced reactor technology to dispose of Russian excess 
     weapons-derived plutonium. Of this funding, $2,000,000 is 
     available for work

[[Page 22782]]

     to be performed in the United States by the Department of 
     Energy and other U.S. contractors, and $3,000,000 is to be 
     expended for work in Russia. The $3,000,000 shall be made 
     available for work in Russia on the gas reactor technology on 
     the condition and only to the extent that the Russian 
     Federation matches these contributions with either comparable 
     funding or contributions-in-kind.


           NATIONAL SECURITY PROGRAMS ADMINISTRATIVE SUPPORT

       The conference agreement provides $10,000,000 for national 
     security programs administrative support instead of 
     $25,000,000 as proposed by the House and no funding as 
     proposed by the Senate.


                     OFFICE OF HEARINGS AND APPEALS

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


                             NAVAL REACTORS

       The conference agreement includes $677,600,000 as provided 
     by the House and the Senate.


                          FUNDING ADJUSTMENTS

       The conference agreement includes the use of $49,000,000 of 
     prior year balances; $13,000,000 for contractor travel 
     savings; $20,000,000 offset to user organizations; and 
     $7,000,000 for management and operating contractor savings. 
     Reductions to prior year balances should be applied to those 
     programs which have uncosted balances which are nearly equal 
     to the program expenditures for the entire fiscal year.


                     Defense Nuclear Waste Disposal

       The conference agreement provides $112,000,000 as proposed 
     by the House instead of $112,500,000 as proposed by the 
     Senate. Funding proposed by the Senate for the accelerator 
     transmutation of waste program has been included in the 
     Energy Supply account.

                    POWER MARKETING ADMINISTRATIONS

       The conference agreement does not include the 
     Administration's proposal, included in the House bill, to 
     eliminate the Department's purchase power programs. The 
     conference agreement includes the Senate provision to fund 
     these purchases in advance as in prior years.
       The conference agreement does not include the House 
     statutory provision prohibiting the power marketing 
     administrations (PMAs) from installing fiber optic cable in 
     excess of operational needs. Under current law, the PMAs have 
     authority to install fiber optic cable as part of the 
     authority to operate transmission services. The conferees 
     note that the same authority exists for all the PMAs. 
     Installed and planned fiber optic cable costs for Western 
     Area Power Authority (WAPA) amount to approximately 
     $6,000,000 and comparable costs of the Bonneville Power 
     Administration (BPA) are approximately $140,000,000. Because 
     WAPA manages approximately 17,000 miles of transmission and 
     BPA manages approximately 15,000 miles, there are concerns 
     about this level of spending on fiber optic cable 
     installations.
       The conferees direct the PMAs to prepare a comprehensive 
     fiber optic cable plan that includes all activities relating 
     to installation, operation, marketing and leasing of fiber 
     optic cables and related communications operations. The plan 
     should provide details on current and future operational 
     needs, summary information of current leases, planned leasing 
     costs and revenues, criteria used to determine where and when 
     to install fiber optic cable, and criteria used to determine 
     leasing agreements. The plan should include summary tables so 
     that comparisons can be made among the PMAs. For example, the 
     plan should include cost-per-mile figures, outyear 
     projections and expected revenues for each of the PMAs. The 
     Administrators should include justification for all fiber 
     optic cable installation activities including the PMAs' 
     specific statutory authority for the activities included in 
     the plan. The plan shall be submitted to the appropriate 
     committees of the House and Senate within 180 days of 
     enactment of this Act.

                    Bonneville Power Administration

       The conferees have included the House provision providing 
     $1,500 for official reception and representation expenses, 
     instead of $3,000 as provided by the Senate.

                   Southeastern Power Administration

       The conference agreement includes $39,594,000 as provided 
     by the Senate, instead of no funding as recommended in the 
     budget request or the House bill. The conferees have included 
     a 3,000,000 rescisson instead of the $5,500,000 rescission 
     included in the Senate bill. The conference agreement 
     includes the Administration's proposal, included in the House 
     bill, to transfer $773,000 from the Southeastern Power 
     Administration to the Southwestern Power Administration.

                   Southwestern Power Administration

       The conference agreement includes $28,773,000, instead of 
     $28,000,000 and as proposed by the Senate and $27,167,000 as 
     proposed by the House. The conference agreement includes the 
     Administration's proposal, included in the House bill, to 
     transfer $773,000 from the Southeastern Power Administration 
     to the Southwestern Power Administration.

                   Western Area Power Administration

       The conference agreement includes $193,357,000, instead of 
     $171,471,000 as provided by the House or $223,555,000 as 
     provided by the Senate. It is the conferees' intent to fully 
     fund the Western Area Power Administration (WAPA) including 
     any necessary purchase power and wheeling costs. However, as 
     the conferees attempted to determine the appropriate level of 
     funding in the absence of an Administration request for such 
     funds, their efforts were frustrated by WAPA's inability to 
     provide basic information such as WAPA's current level of 
     unobligated previously appropriated purchase power and 
     wheeling funds and by uncertainties regarding future 
     requirements caused by potential or ongoing contract 
     renegotiations. If WAPA later determines that the amount 
     provided is insufficient, the conferees direct the Department 
     to expeditiously submit a reprogramming request.

                        Falcon and Amistad Fund

       The conference agreement includes $1,309,000, the same 
     amount provided by the House and Senate.

                  Federal Energy Regulatory Commission

       The conference agreement includes $174,950,000, the same 
     amount as provided by the House, instead of $170,000,000 as 
     provided by the Senate.

                           GENERAL PROVISIONS

                          Department of Energy

       Sec. 301. The conference agreement includes a provision 
     proposed by the House and Senate 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, on a case-by-case basis, a waiver 
     to allow for such a deviation. Section 301 does not preclude 
     extension of a contract awarded using competitive procedures.
       Sec. 302. The conference agreement includes a provision 
     proposed by the House that none of the funds may be used to 
     award, amend, or modify a contract in a manner that deviates 
     from the Federal Acquisition Regulation, unless the Secretary 
     of Energy grants, on a case-by-case basis, a waiver to allow 
     for such a deviation.
       Sec. 303. 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 for Fiscal Year 1993, Public Law 
     102-484.
       Sec. 304. The conference agreement includes a provision 
     proposed by the House and Senate that none of the funds may 
     be used to augment the $24,500,000 made available for 
     obligation for severance payments and other benefits and 
     community assistance grants authorized under the provisions 
     of section 3161 of the National Defense Authorization Act for 
     Fiscal Year 1993, Public Law 102-484.
       Sec. 305. The conference agreement includes a provision 
     proposed by the House and Senate that none of the funds may 
     be used to prepare or initiate Requests for Proposals for a 
     program if the program has not been funded by Congress in the 
     current fiscal year. This provision precludes the Department 
     from initiating activities for new programs which have been 
     proposed in the budget request, but which have not yet been 
     funded by Congress.
       Sec. 306. The conference agreement includes a provision 
     proposed by the House and Senate that permits the transfer 
     and merger of unexpended balances of prior appropriations 
     with appropriation accounts established in this bill.
       Sec. 307. The conference agreement includes a provision 
     proposed by the House allowing the Secretary of Energy to 
     enter into multi-year contracts without obligating the 
     estimated costs associated with any necessary cancellation or 
     termination of the contract. This provides the Department of 
     Energy with the same flexibility provided to the Department 
     of Defense.
       Sec. 308. The conference agreement modifies language 
     proposed by the House pertaining to Laboratory Directed 
     Research and Development (LDRD) funding. The provision caps 
     funding for LDRD at four percent. Funds provided to the 
     laboratories for programs such as environmental cleanup and 
     restoration may not be taxed for LDRD purposes.
       Sec. 309. The conference agreement modifies language 
     proposed by the House and Senate limiting to $150,000,000 the 
     funds available for reimbursement of management and operating 
     contractor travel expenses. The language also requires the 
     Department of Energy to reimburse contractors for travel 
     consistent with regulations applicable to Federal employees.
       Sec. 310. The conference agreement modifies language 
     proposed by the House requiring the Department of Energy's 
     laboratories to provide an annual funding plan to the 
     Department for approval by the Secretary. This requirement 
     has been expanded to all of the Department's multi-purpose 
     national laboratories.
       Sec. 311. The conference agreement modifies a provision 
     proposed by the House requiring the Secretary of Energy to 
     review

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     and approve the contract terms of all prime contractors who 
     manage Departmental sites and facilities.
       Sec. 312. The conference agreement includes a provision 
     proposed by the House prohibiting the expenditure of funds to 
     establish or maintain independent centers at Department of 
     Energy laboratories or facilities unless they are 
     specifically identified in the budget submission. The 
     Department should provide to the House and Senate Committees 
     on Appropriations by November 30, 1999, a list of all such 
     centers at each laboratory or facility, the annual cost, 
     number of employees, and the source of funding.
       Sec. 313. The conference agreement includes language 
     proposed by the House and Senate prohibiting the expenditure 
     of funds to restart the High Flux Beam Reactor.
       Sec. 314. The conference agreement modifies language 
     proposed by the House limiting the activities of the Federal 
     power marketing administrations in several areas. The 
     conferees have prohibited the use of funds by the Bonneville 
     Power Administration to to perform energy efficiency services 
     outside Bonneville's service territory, with the exception of 
     services provided internationally.
       Sec. 315. The conference agreement includes a provision 
     proposed by the Senate 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 applies to the five material 
     categories addressed in the ``Final Environmental Impact 
     Statement on Management of Certain Plutonium Residues on 
     Scrub Alloy Stored at the Rocky Flats Environmental 
     Technology Site'', Table S-2, Notice of Intent Categories.
       Sec. 316. The conference agreement modifies language 
     proposed by the Senate limiting the inclusion of costs of 
     fish and wildlife protection within rates charged by the 
     Bonneville Power Administration. The Administrator is 
     directed to provide a report to the appropriate committees of 
     the House and Senate which includes assumptions to be used in 
     determining fish and wildlife costs during the 2002-2006 rate 
     period. The report should be provided not later than December 
     31, 1999.
       Provisions not adopted by the conferees.--The conference 
     agreement deletes language proposed by the House limiting the 
     waiving of overhead or added factor charges for work 
     performed for other Federal agencies.
       The conference agreement deletes language proposed by the 
     House repealing section 505 of Public Law 102-377, the Fiscal 
     Year 1993 Energy and Water Development Appropriations Act, 
     and section 208 of Public Law 99-349, the Urgent Supplemental 
     Appropriations Act, 1986.
       The conference agreement deletes bill language proposed by 
     the House limiting the use of funds by the Federal power 
     marketing administrations in the area of fiber optic 
     telecommunications.

                       Conference Recommendations

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

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[[Page 22802]]

                                TITLE IV

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

       The conference agreement includes $66,400,000 for the 
     Appalachian Regional Commission instead of $60,000,000 as 
     proposed by the House and $71,400,000 as proposed by the 
     Senate. Of this amount, $1,000,000 is for the Richie County 
     Dam project in West Virginia.

                Defense Nuclear Facilities Safety Board

       The conference agreement appropriates $17,000,000 for the 
     Defense Nuclear Facilities Safety Board instead of 
     $16,500,000 as proposed by the House or $17,500,000 as 
     proposed by the Senate.

                           Denali Commission

       The conference agreement includes $20,000,000 for the 
     Denali Commission instead of $25,000,000 as proposed by the 
     Senate. The conference agreement deletes language proposed by 
     the House rescinding $18,000,000 previously appropriated to 
     the Denali Commission.

                     Nuclear Regulatory Commission


                         Salaries and Expenses

       The conference agreement includes $465,000,000, instead of 
     $455,400,000 as recommended by the House or $465,400,000 as 
     recommended by the Senate. The conferees have provided 
     $19,150,000, to be derived from the Nuclear Waste Fund, for 
     the Commission's ongoing work to characterize Yucca Mountain 
     as a potential site for a permanent nuclear waste repository. 
     The conference agreement also includes $3,850,000 for 
     regulatory reviews and other assistance provided to the 
     Department of Energy.


                      Office of Inspector General

       The conference agreement includes $5,000,000, the same 
     amount provided by the Senate, instead of $6,000,000 as 
     provided by the House.

                  Nuclear Waste Technical Review Board

       The conference agreement appropriates $2,600,000 as 
     proposed by the House instead of $3,150,000 as proposed by 
     the Senate.

                       Tennessee Valley Authority

       The conference agreement deletes language proposed by the 
     Senate appropriating $7,000,000 for the Tennessee Valley 
     Authority. The conference agreement includes language 
     providing authority for the Tennessee Valley Authority to use 
     up to $3,000,000 in previously appropriated funds to pay for 
     transition costs of Land Between the Lakes.

                          TITLE V--RESCISSIONS

                      DEPARTMENT OF DEFENSE--CIVIL

                         Department of the Army


                       Corps of Engineers--Civil

       The conference agreement includes language proposed by the 
     Senate rescinding appropriations for specified projects 
     within the General Investigations and Construction, General 
     account, amended to delete language proposed by the Senate to 
     rescind appropriations from: the Red River Waterway, 
     Shreveport, Louisiana, to Daingerfield, Texas, investigation; 
     the Southern and Eastern Kentucky, Kentucky, construction 
     project; and the South Central Pennsylvania, Environmental 
     Improvements Program, Pennsylvania, construction project.

                          Department of Energy


      Operation and Maintenance, Southeastern Power Administration

       The conference agreement includes a rescission of 
     $3,000,000 instead of language proposed by the Senate 
     rescinding $5,500,000 from the Southeastern Power 
     Administration.


                         Nuclear Waste Disposal

       The conference agreement includes language to rescind 
     $4,000,000 from the multi-purpose canister design program in 
     the Nuclear Waste Disposal Fund. This funding was provided in 
     Public Law 105-62, the FY 1998 Energy and Water Development 
     Appropriations Act.

                                TITLE VI

                           GENERAL PROVISIONS

       Sec. 601. The conference agreement includes language 
     proposed by both the House and Senate 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.
       Sec. 602. The conference agreement includes language 
     proposed by both the House and Senate regarding the purchase 
     of American-made equipment and products, and prohibiting 
     contracts with persons falsely labeling products as made in 
     America.
       Sec. 603. The conference agreement includes language 
     proposed by both the House and Senate providing that no funds 
     may be used to determine the final point of discharge for the 
     interceptor drain for the San Luis Unit of the Central Valley 
     Project until certain conditions are met. The language also 
     provides that the costs of the Kesterson Reservoir Cleanup 
     Program and the San Joaquin Valley Drainage Program shall be 
     classified as reimbursable or non-reimbursable by the 
     Secretary of the Interior as described in the Bureau of 
     Reclamation report entitled, ``Repayment Report, Kesterson 
     Reservoir Cleanup Program and San Joaquin Valley Drainage 
     Program, February 1995'' and that any future obligation of 
     funds for drainage service or drainage studies for the San 
     Luis Unit shall be fully reimbursable by San Luis Unit 
     beneficiaries pursuant to Reclamation law.
       Sec. 604. The conference agreement includes language 
     proposed by both the House and Senate providing a one-year 
     extension of the authority of the Nuclear Regulatory 
     Commission to collect fees and charges to offset appropriated 
     funds.
       Sec. 605. The conference agreement includes language 
     proposed by the House to repeal the Cheyenne River Sioux 
     Tribe, Lower Brule Sioux Tribe and State of South Dakota 
     Terrestrial Wildlife Habitat Restoration Act, as authorized 
     under title VI of division C of Public Law 105-277. This Act 
     was reauthorized in subsequent legislation.
       Sec. 606. The conference agreement includes language 
     proposed by the House making a technical change to a 
     provision of the Water Resources Development Act of 1996 
     authorizing reimbursement for work by non-Federal interests 
     on certain civil works projects of the Corps of Engineers.
       Sec. 607. The conference agreement includes language 
     proposed by the House limiting the use of funds to propose or 
     issue rules, regulations, decrees, or orders for the purpose 
     of implementing the Kyoto Protocol.
       Sec. 608. The conference agreement includes language 
     proposed by the Senate amending the United States Enrichment 
     Corporation Fund.
       Sec. 609. The conference agreement includes language 
     proposed by the Senate changing the name of the Cascade 
     Reservoir in Idaho to ``Lake Cascade.''
       Sec. 610. The conference agreement includes language 
     proposed by the Senate amending the Pacific Northwest 
     Electric Power Planning and Conservation Act by changing an 
     annual cost limitation.
       Sec. 611. The conference agreement includes language 
     providing permanent authority for the Corps of Engineers to 
     expend funds for various activities in the Formerly Utilized 
     Sites Remedial Action Program (FUSRAP). The Committees on 
     Appropriations have been providing annual authorization for 
     these activities.
       Other.--The Senate bill included section 604 prohibiting 
     the restart of the High Flux Beam Reactor. The conference 
     agreement includes this prohibition in Title III, Department 
     of Energy, General Provisions.

                   Conference Total--With Comparisons

       The total new budget (obligational) authority for the 
     fiscal year 2000 recommended by the Committee of Conference, 
     with comparisons to the fiscal year 1999 amount, the 2000 
     budget estimates, and the House and Senate bills for 2000 
     follow:


                       (In thousands of dollars)

New budget (Obligational) authority, fiscal year 1999.......$22,158,325
Budget estimates of new (obligational) authority, fiscal year22,021,026
House bill, fiscal year 2000.................................20,640,395
Senate bill, fiscal year 2000................................21,717,325
Conference agreement, fiscal year 2000.......................21,729,969
Conference agreement compared with:
  New budget (obligational) authority, fiscal year 1999........-428,356
  Budget estimates of new (obligational) authority, fiscal year-291,057
  House bill, fiscal year 2000...............................+1,089.574
  Senate bill, fiscal year 2000.................................+12,644
     Ron Packard,
     Harold Rogers,
     Joe Knollenberg,
     Rodney P. Frelinghuysen,
     Sonny Callahan,
     Tom Latham,
     Roy Blunt,
     Bill Young,
     Peter Visclosky,
     Chet Edwards,
     Ed Pastor,
     Mike Forbes,
     Dave Obey,
                                Managers on the Part of the House.

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




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