[House Report 106-336]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    106-336

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



 
 MAKING APPROPRIATIONS FOR ENERGY AND WATER DEVELOPMENT FOR THE FISCAL 
         YEAR ENDING SEPTEMBER 30, 2000, AND FOR OTHER PURPOSES

                                _______
                                

               September 27, 1999.--Ordered to be printed

_______________________________________________________________________


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

                           CONFERENCE REPORT

                        [To accompany H.R. 2605]

      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 
fundsare 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 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 
onAppropriations 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 
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 definedin 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.

                    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 
WithdrawalAct (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 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:
            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.

                                   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 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; 
theBrays 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 
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.


                                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.


                               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 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.
      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 oftechnologies 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 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 bythe 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 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 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 fiberoptic 
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 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 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 Senatelimiting 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.


                                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 
    year 2000...........................................      22,021,026
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 2000..................................        -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.