[House Report 106-907]
[From the U.S. Government Publishing Office]





106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-907

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



 
 MAKING APPROPRIATIONS FOR ENERGY AND WATER DEVELOPMENT FOR THE FISCAL 
         YEAR ENDING SEPTEMBER 30, 2001, AND FOR OTHER PURPOSES

                                _______
                                

               September 27, 2000.--Ordered to be printed

                                _______
                                

 Mr. Packard, from the Committee of Conference, submitted the following

                           CONFERENCE REPORT

                        [To accompany H.R. 4733]

      The committee of conference on the disagreeing votes of 
the two Houses on the amendment of the Senate to the bill (H.R. 
4733) ``making appropriations for energy and water development 
for the fiscal year ending September 30, 2001, and for other 
purposes'', having met, after full and free conference, have 
agreed to recommend and do recommend to their respective Houses 
as follows:
      That the House recede from its disagreement to the 
amendment of the Senate, and agree to the same with an 
amendment, as follows:
      In lieu of the matter stricken and inserted by said 
amendment, insert:

That the following sums are appropriated, out of any money in 
the Treasury not otherwise appropriated, for the fiscal year 
ending September 30, 2001, for energy and water development, 
and for other purposes, namely:

                                TITLE I

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

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

                         General Investigations

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

                         Construction, General

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


 flood control, mississippi river and tributaries, arkansas, illinois, 
       kentucky, louisiana, mississippi, missouri, and tennessee


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

                   Operation and Maintenance, General

    For expenses necessary for the preservation, operation, 
maintenance, and care of existing river and harbor, flood 
control, and related works, including such sums as may be 
necessary for the maintenance of harbor channels provided by a 
State, municipality or other public agency, outside of harbor 
lines, and serving essential needs of general commerce and 
navigation; surveys and charting of northern and northwestern 
lakes and connecting waters; clearing and straightening 
channels; and removal of obstructions to navigation, 
$1,901,959,000, to remain available until expended, of which 
such sums as become available in the Harbor Maintenance Trust 
Fund, pursuant to Public Law 99-662, may be derived from that 
Fund, and of which such sums as become available from the 
special account established by the Land and Water Conservation 
Act of 1965, as amended (16 U.S.C. 460l), may be derived from 
that account for construction, operation, and maintenance of 
outdoor recreation facilities: Provided, That the Secretary of 
the Army, acting through the Chief of Engineers, from the funds 
provided herein for the operation and maintenance of New York 
Harbor, New York, is directed to prepare the necessary 
documentation and initiate removal of submerged obstructions 
and debris in the area previously marked by the Ambrose Light 
Tower in the interest of safe navigation: Provided further, 
That the Secretary of the Army is directed to use $500,000 of 
funds appropriated herein to remove and reinstall the docks and 
causeway, in kind, at Astoria East Boat Basin, Oregon: Provided 
further, That $500,000 of the funds appropriated herein for the 
Ohio River Open Channel, Illinois, Kentucky, Indiana, Ohio, 
West Virginia, and Pennsylvania, project, are provided for the 
Secretary of the Army, acting through the Chief of Engineers, 
to dredge a channel from the mouth of Wheeling Creek to Tunnel 
Green Park in Wheeling, West Virginia.

                           Regulatory Program

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

            Formerly Utilized Sites Remedial Action Program

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

                            General Expenses

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

                             Revolving Fund

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

                       Administrative Provisions

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

                           GENERAL PROVISIONS

                       Corps of Engineers--Civil

    Sec. 101. (a) The Secretary of the Army shall enter into an 
agreement with the City of Grand Prairie, Texas, wherein the 
City agrees to assume all of the responsibilities of the 
Trinity River Authority of Texas under Contract No. DACW63-76-
C-0166, other than financial responsibilities, except as 
provided for in subsection (c) of this section. The Trinity 
River Authority shall be relieved of all of its financial 
responsibilities under the Contract as of the date the 
Secretary of the Army enters into the agreement with the City.
    (b) In consideration of the agreement referred to in 
subsection (a), the City shall pay the Federal Government a 
total of $4,290,000 in two installments, one in the amount of 
$2,150,000, which shall be due and payable no later than 
December 1, 2000, and one in the amount of $2,140,000, which 
shall be due and payable no later than December 1, 2003.
    (c) The agreement executed pursuant to subsection (a) shall 
include a provision requiring the City to assume all costs 
associated with operation and maintenance of the recreation 
facilities included in the Contract referred to in that 
subsection.
    Sec. 102. Agreements proposed for execution by the 
Assistant Secretary of the Army for Civil Works or the United 
States Army Corps of Engineers after the date of the enactment 
of this Act pursuant to section 4 of the Rivers and Harbor Act 
of 1915, Public Law 64-291; section 11 of the River and Harbor 
Act of 1925, Public Law 68-585; the Civil Functions 
Appropriations Act, 1936, Public Law 75-208; section 215 of the 
Flood Control Act of 1968, as amended, Public Law 90-483; 
sections 104, 203, and 204 of the Water Resources Development 
Actof 1986, as amended (Public Law 99-662); section 206 of the 
Water Resources Development Act of 1992, as amended, Public Law 102-
580; section 211 of the Water Resources Development Act of 1996, Public 
Law 104-303, and any other specific project authority, shall be limited 
to credits and reimbursements per project not to exceed $10,000,000 in 
each fiscal year, and total credits and reimbursements for all 
applicable projects not to exceed $50,000,000 in each fiscal year.
    Sec. 103. None of the funds made available in this Act may 
be used to revise the Missouri River Master Water Control 
Manual when it is made known to the Federal entity or official 
to which the funds are made available that such revision 
provides for an increase in the springtime water release 
program during the spring heavy rainfall and snow melt period 
in States that have rivers draining into the Missouri River 
below the Gavins Point Dam.
    Sec. 104. St. Georges Bridge, Delaware. None of the funds 
made available by this Act may be used to carry out any 
activity relating to closure or removal of the St. Georges 
Bridge across the Chesapeake and Delaware Canal, Delaware, 
including a hearing or any other activity relating to 
preparation of an environmental impact statement concerning the 
closure or removal.
    Sec. 105. Within available funds under title I, the 
Secretary of the Army, acting through the Chief of Engineers, 
shall provide up to $7,000,000 to replace and upgrade the dam 
in Kake, Alaska which collapsed July 2000, to provide drinking 
water and hydroelectricity.

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project


                central utah project completion account


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

                         Bureau of Reclamation

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


                      water and related resources


                     (including transfer of funds)


    For management, development, and restoration of water and 
related natural resources and for related activities, including 
the operation, maintenance and rehabilitation of reclamation 
and other facilities, participation in fulfilling related 
Federal responsibilities to Native Americans, and related 
grants to, and cooperative and other agreements with, State and 
local governments, Indian tribes, and others, $678,450,000, to 
remain available until expended, of which $1,916,000 shall be 
available for transfer to the Upper Colorado River Basin Fund 
and $39,467,000 shall be available for transfer to the Lower 
Colorado River Basin Development Fund; of which such amounts as 
may be necessary may be advanced to the Colorado River Dam 
Fund; of which $16,000,000 shall be for on-reservation water 
development, feasibility studies, and related administrative 
costs under Public Law 106-163; of which not more than 25 
percent of the amount provided for drought emergency assistance 
may be used for financial assistance for the preparation of 
cooperative drought contingency plans under Title II of Public 
Law 102-250; and of which not more than $500,000 is for high 
priority projects which shall be carried out by the Youth 
Conservation Corps, as authorized by 16 U.S.C. 1706: Provided, 
That such transfers may be increased or decreased within the 
overall appropriation under this heading: Provided further, 
That of the total appropriated, the amount for program 
activities that can be financed by the Reclamation Fund or the 
Bureau of Reclamation special fee account established by 16 
U.S.C. 460l-6a(i) shall be derived from that Fund or account: 
Provided further, That funds contributed under 43 U.S.C. 395 
are available until expended for the purposes for which 
contributed: Provided further, That funds advanced under 43 
U.S.C. 397a shall be credited to this account and are available 
until expended for the same purposes as the sums appropriated 
under this heading: Provided further, That funds available for 
expenditure for the Departmental Irrigation Drainage Program 
may be expended by the Bureau of Reclamation for site 
remediation on a non-reimbursable basis: Provided further, That 
section 301 of Public Law 102-250, Reclamation States Emergency 
Drought Relief Act of 1991, as amended, is amended further by 
inserting ``2000, and 2001'' in lieu of ``and 2000'': Provided 
further, That the amount authorized for Indian municipal, 
rural, and industrial water features by section 10 of Public 
Law 89-108,as amended by section 8 of Public Law 99-294, 
section 1701(b) of Public Law 102-575, Public Law 105-245, and Public 
Law 106-60 is increased by $2,000,000 (October 1998 prices): Provided 
further, That the amount authorized for Minidoka Project North Side 
Pumping Division, Idaho, by section 5 of Public Law 81-864, is 
increased by $2,805,000: Provided further, That the Reclamation Safety 
of Dams Act of 1978 (43 U.S.C. 509) is amended as follows: (1) by 
inserting in Section 4(c) after ``1984,'' and before ``costs'' the 
following: ``and the additional $95,000,000 further authorized to be 
appropriated by amendments to that Act in 2000,''; (2) by inserting in 
Section 5 after ``levels),'' and before ``plus'' the following: ``and, 
effective October 1, 2000, not to exceed an additional $95,000,000 
(October 1, 2000, price levels),''; and (3) by striking ``sixty days 
(which'' and all that follows through ``day certain)'' and inserting in 
lieu thereof ``30 calendar days''.


               bureau of reclamation loan program account


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


                central valley project restoration fund


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


                       policy and administration


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


                        administrative provision


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

                           GENERAL PROVISIONS

                       DEPARTMENT OF THE INTERIOR

    Sec. 201. None of the funds appropriated or otherwise made 
available by this or any other Act may be used to pay the 
salaries and expenses of personnel to purchase or lease water 
in the Middle Rio Grande or the Carlsbad Projects in New Mexico 
unless said purchase or lease is in compliance with the 
purchase requirements of section 202 of Public Law 106-60.
    Sec. 202. Funds under this title for Drought Emergency 
Assistance shall be made available primarily for leasing of 
water for specified drought related purposes from willing 
lessors, in compliance with existing State laws and 
administered under State water priority allocation. Such leases 
may be entered into with an option to purchase: Provided, That 
such purchase is approved by the State in which the purchase 
takes place and the purchase does not cause economic harm 
within the State in which the purchase is made.
    Sec. 203. Beginning in fiscal year 2001 and thereafter, the 
Secretary of the Interior shall assess and collect annually 
from Central Valley Project (CVP) water and power contractors 
the sum of $540,000 (June 2000 price levels) and remit, without 
further appropriation, the amount collected annually to the 
Trinity Public Utilities District (TPUD). This assessment shall 
be payable 70 percent by CVP Preference Power Customers and 30 
percent by CVP Water Contractors. The CVP Water Contractor 
share of this assessment shall be collected by the Secretary 
through established Bureau of Reclamation (Reclamation) 
Operation and Maintenance ratesetting practices. The CVP Power 
Contractor share of this assessment shall be assessed by 
Reclamation to the Western Area Power Administration, Sierra 
Nevada Region (Western), and collected by Western through 
established power ratesetting practices.
    Sec. 204. (a) In General.--For fiscal year 2001 and each 
fiscal year thereafter, the Secretary of the Interior shall 
continue funding, from power revenues, the activities of the 
Glen Canyon Dam Adaptive Management Program as authorized by 
section 1807 of the Grand Canyon Protection Act of 1992 (106 
Stat. 4672), at not more than $7,850,000 (October 2000 price 
level), adjusted in subsequent yearsto reflect changes in the 
Consumer Price Index for All Urban Consumers published by the Bureau of 
Labor Statistics of the Department of Labor.
    (b) Voluntary Contributions.--Nothing in this section 
precludes the use of voluntary financial contributions (except 
power revenues) to the Adaptive Management Program that may be 
authorized by law.
    (c) Activities To Be Funded.--The activities to be funded 
as provided under subsection (a) include activities required to 
meet the requirements of section 1802(a) and subsections (a) 
and (b) of section 1805 of the Grand Canyon Protection Act of 
1992 (106 Stat. 4672), including the requirements of the 
Biological Opinion on the Operation of Glen Canyon Dam and 
activities required by the Programmatic Agreement on Cultural 
and Historic Properties, to the extent that the requirements 
and activities are consistent with the Grand Canyon Protection 
Act of 1992 (106 Stat. 4672).
    (d) Additional Funding.--To the extent that funding under 
subsection (a) is insufficient to pay the costs of the 
monitoring and research and other activities of the Glen Canyon 
Dam Adaptive Management Program, the Secretary of the Interior 
may use funding from other sources, including funds 
appropriated for that purpose. All such appropriated funds 
shall be nonreimbursable and nonreturnable.
    Sec. 205. The Secretary of the Interior is authorized and 
directed to use not to exceed $1,000,000 of the funds 
appropriated under title II to refund amounts received by the 
United States as payments for charges assessed by the Secretary 
prior to January 1, 1994 for failure to file certain 
certification or reporting forms prior to the receipt of 
irrigation water, pursuant to sections 206 and 224(c) of the 
Reclamation Reform Act of 1982 (96 Stat. 1226, 1272; 43 U.S.C. 
390ff, 390ww(c)), including the amount of associated interest 
assessed by the Secretary and paid to the United States 
pursuant to section 224(i) of the Reclamation Reform Act of 
1982 (101 Stat. 1330-268; 43 U.S.C. 390ww(i)).
    Sec. 206. Canyon Ferry Reservoir, Montana. (a) 
Appraisals.--Section 1004(c)(2)(B) of title X of division C of 
the Omnibus Consolidated and Emergency Supplemental 
Appropriations Act, 1999 (112 Stat. 2681-713; 113 Stat. 1501A-
307) is amended--
            (1) in clause (i), by striking ``be based on'' and 
        inserting ``use'';
            (2) in clause (vi), by striking ``Notwithstanding 
        any other provision of law,'' and inserting ``To the 
        extent consistent with the Uniform Appraisal Standards 
        for Federal Land Acquisition,''; and
            (3) by adding at the end the following:
            ``(vii) Applicability.--This subparagraph shall 
        apply to the extent that its application is practicable 
        and consistent with the Uniform Appraisal Standards for 
        Federal Land Acquisition.''.
    (b) Timing.--Section 1004(f)(2) of title X of division C of 
the Omnibus Consolidated and Emergency Supplemental 
Appropriations Act, 1999 (112 Stat. 2681-714; 113 Stat. 1501A-
308) is amended by inserting after ``Act,'' the following: ``in 
accordance with all applicable law,''.
    (c) Interest.--Section 1008(b) of title X of division C of 
the Omnibus Consolidated and Emergency Supplemental 
Appropriations Act, 1999 (112 Stat. 2681-717; 113 Stat. 1501A-
310) is amended by striking paragraph (4).
    Sec. 207. Beginning in fiscal year 2000 and thereafter, any 
amounts provided for the Newlands Water Rights Fund for 
purchasing and retiring water rights in the Newlands 
Reclamation Project shall be non-reimbursable.
    Sec. 208. Use of Colorado-Big Thompson Project Facilities 
for Nonproject Water. The Secretary of the Interior may enter 
into contracts with the city of Loveland, Colorado, or its 
Water and Power Department or any other agency, public utility, 
or enterprise of the city, providing for the use of facilities 
of the Colorado-Big Thompson Project, Colorado, under the Act 
of February 21, 1911 (43 U.S.C. 523), for--
            (1) the impounding, storage, and carriage of 
        nonproject water originating on the eastern slope of 
        the Rocky Mountains for domestic, municipal, 
        industrial, and other beneficial purposes; and
            (2) the exchange of water originating on the 
        eastern slope of the Rocky Mountains for the purposes 
        specified in paragraph (1), using facilities associated 
        with the Colorado-Big Thompson Project, Colorado.
    Sec. 209. Amendment to Irrigation Project Contract 
Extension Act of 1998. (a) Section 2(a) of the Irrigation 
Project Contract Extension Act of 1998, Public Law 105-293, is 
amended by striking the date ``December 31, 2000'', and 
inserting in lieu thereof the date ``December 31, 2003''; and
    (b) Subsection 2(b) of the Irrigation Project Contract 
Extension Act of 1998, Public Law 105-293, is amended by--
            (1) striking the phrase ``not to go beyond December 
        31, 2001'', and inserting in lieu thereof the phrase 
        ``not to go beyond December 31, 2003''; and
            (2) striking the phrase ``terminates prior to 
        December 31, 2000'', and inserting in lieu thereof 
        ``terminates prior to December 31, 2003''.
    Sec. 210. Section 202 of Division B, Title I, Chapter 2 of 
Public Law 106-246 is amended by adding at the end the 
following: ``This section shall be effective through September 
30, 2001.''.
    Sec. 211. Section 106 of the San Luis Rey Indian Water 
Rights Settlement Act (Public Law 100-675; 102 Stat. 4000 et 
seq.) is amended by adding at the end the following new 
subsection:
    ``(f) Requirement To Reserve and Furnish Water.--
Notwithstanding any other provision of law, the Secretary, 
acting through the Commissioner of Reclamation, shall 
permanently reserve and furnish annually the following:
            ``(1) Water.--The first 16,000 acre-feet of any 
        water conserved by the works authorized by title II, to 
        the Indian Water Authority and the local entities in 
        accordance with the settlement agreement.
            ``(2) Capacity and energy.--Capacity and energy 
        from the Parker-Davis Project at the rates established 
        for project use power sufficient to convey water 
        conserved pursuant to paragraph (1) from Lake Havasu 
        through the Colorado River Aqueduct to Lake Matthews 
        and to the places of use on the Bands reservations or 
        in the local entities service area in accordance with 
        the settlement agreement.
Water conserved pursuant to paragraph (1) may be used on the 
Bands' reservations or in the local entities' service areas, 
leased for use outside the Bands' reservations or the local 
entities' service areas, or exchanged for water from other 
sources for use by the Bands, the Indian Water Authority, or 
the local entities, in accordance with the settlement 
agreement.''.
    Sec. 212. (a) Definitions.--For the purpose of this 
section, the term--
            (1) ``Secretary'' means the Secretary of the 
        Interior;
            (2) ``Sly Park Unit'' means the Sly Park Dam and 
        Reservoir, Camp Creek Diversion Dam and Tunnel, and 
        conduits and canals as authorized under the American 
        River Act of October 14, 1949 (63 Stat. 853), including 
        those used to convey, treat, and store water delivered 
        from Sly Park, as well as all recreation facilities 
        thereto; and
            (3) ``District'' means the El Dorado Irrigation 
        District.
    (b) In General.--The Secretary shall, as soon as 
practicable after date of the enactment of this Act and in 
accordance with all applicable law, transfer all right, title, 
and interest in and to the Sly Park Unit to the District.
    (c) Sale Price.--The Secretary is authorized to receive 
from the District $2,000,000 to relieve payment obligations and 
extinguish the debt under contract number 14-06-200-949IR3, and 
$9,500,000 to relieve payment obligations and extinguish all 
debts associated with contracts numbered 14-06-200-7734, as 
amended by contracts numbered 14-06-200-4282A and 14-06-200-
8536A. Notwithstanding the preceding sentence, the District 
shall continue to make payments required by section 3407(c) of 
Public Law 102-575 through year 2029.
    (d) Credit Revenue to Project Repayment.--Upon payment 
authorized under subsection (b), the amount paid shall be 
credited toward repayment of capital costs of the Central 
Valley Project in an amount equal to the associated 
undiscounted obligation.
    (e) Future Benefits.--Upon payment, the Sly Park Unit shall 
no longer be a Federal reclamation project or a unit of the 
Central Valley Project, and the District shall not be entitled 
to receive any further reclamation benefits.
    (f) Liability.--Except as otherwise provided by law, 
effective on the date of conveyance of the Sly Park Unit under 
this Act, the United States shall not be liable for damages of 
any kind arising out of any act, omission, or occurrence based 
on its prior ownership or operation of the conveyed property.
    (g) Costs.--All costs, including interest charges, 
associated with the Project that have been included as a 
reimbursable cost of the Central Valley Project are declared to 
be nonreimbursable and nonreturnable.

                               TITLE III

                          DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                             Energy Supply

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

                  Non-Defense Environmental Management

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

             Uranium Facilities Maintenance and Remediation


                     (including transfer of funds)


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

                                Science

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

                         Nuclear Waste Disposal

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

                      Departmental Administration

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

                    Office of the Inspector General

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

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                National Nuclear Security Administration


                           weapons activities


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


                    defense nuclear nonproliferation


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


                             naval reactors


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


                      office of the administrator


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

                    OTHER DEFENSE RELATED ACTIVITIES

         Defense Environmental Restoration and Waste Management

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

                  Defense Facilities Closure Projects

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

             Defense Environmental Management Privatization

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

                        Other Defense Activities

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

                     Defense Nuclear Waste Disposal

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

                    Power Marketing Administrations


                  bonneville power administration fund


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

      Operation and Maintenance, Southeastern Power Administration

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

      Operation and Maintenance, Southwestern Power Administration

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


 construction, rehabilitation, operation and maintenance, western area 
                          power administration


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

           Falcon and Amistad Operating and Maintenance Fund

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

                  Federal Energy Regulatory Commission


                         salaries and expenses


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

                              RESCISSIONS

                     Defense Nuclear Waste Disposal


                              (rescission)


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

             Defense Environmental Management Privatization


                              (rescission)


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

                           GENERAL PROVISIONS

                          DEPARTMENT OF ENERGY

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


                   (transfers of unexpended balances)


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

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

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

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

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

                                TITLE IV

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

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

                Defense Nuclear Facilities Safety Board


                         salaries and expenses


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

                        Delta Regional Authority


                         salaries and expenses


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

                           Denali Commission

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

                     Nuclear Regulatory Commission


                         salaries and expenses


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

                      Office of Inspector General

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

                  Nuclear Waste Technical Review Board


                         salaries and expenses


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

                                TITLE V

               FISCAL YEAR 2001 EMERGENCY APPROPRIATIONS

                          DEPARTMENT OF ENERGY

                    ATOMIC ENERGY DEFENSE ACTIVITIES


                      cerro grande fire activities


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

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

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

                                TITLE VI

                           GENERAL PROVISIONS

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

                               TITLE VII

                       DEPARTMENT OF THE TREASURY

                       Bureau of the Public Debt

      gifts to the united states for reduction of the public debt

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

                               TITLE VIII

                     NUCLEAR REGULATORY COMMISSION

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

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

                                 Managers on the Part of the House.

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

                                Managers on the Part of the Senate.


       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

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

                                TITLE I

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

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

                         general investigations

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

                         construction, general

      The conference agreement appropriates $1,695,699,000 for 
Construction, General instead of $1,378,430,000 as proposed by 
the House and $1,361,449,000 as proposed by the Senate. The 
amount recommended by the conferees for the Corps of Engineers 
construction program represents a significant increase over the 
budget request and the amount appropriated in fiscal year 2000. 
However, the conferees note that the budget request grossly 
underfunds many ongoing construction projects, and its 
enactment would result in increased project costs, major delays 
in the completion of projects and loss of project benefits. The 
conferees also note that the Corps of Engineers, through the 
use of unobligated balances, expects its fiscal year 2000 
construction expenditures to be approximately $1,600,000,000.
      The conferees note that the Lake Worth Inlet, Florida, 
sand transfer plant project is behind schedule and expect the 
Corps of Engineers to proceed with the project as expeditiously 
as possible.
      Within the amount provided for the West Virginia and 
Pennsylvania Flood Control Project, $1,000,000 is provided for 
the following projects within the State of Pennsylvania: Bloody 
Run/Everett Borough ($25,000); Shoups Run/Carbon Township 
($150,500); Six Mile Run/Coaldale ($125,000); Black Log Creek/
Boroughs of Orbisonia and Rockhill Furnace ($127,000); Newton 
Hamilton Borough ($465,500); and Coal Bank Run/Coalmont Borough 
($107,000).
      The conference agreement includes $150,000 for the 
Southeastern Pennsylvania project for the Corps of Engineers to 
prepare a decision document to determine the Federal interest 
in and the scope of the problems in the Logan and Feltonville 
sections of Philadelphia, Pennsylvania.
      The conferees direct the Corps of Engineers to use 
$500,000 to initiate the Hillsboro Inlet, Florida, project in 
accordance with the Jacksonville District's General 
Reevaluation Report for the project dated May 2000.
      The conference agreement includes $4,000,000 for the 
Corps of Engineers to undertake water related infrastructure 
projects in northeastern Pennsylvania as authorized by section 
502(f)(11) of the Water Resources Development Act of 1999.
      The conference agreement includes $500,000 for the Corps 
of Engineers to undertake water related infrastructure projects 
in Avis Borough and Renovo Borough, Clinton County, 
Pennsylvania.
      The conference agreement includes $1,000,000 for sanitary 
sewer and water and wastewater infrastructure projects in 
Towanencin Township, Pennsylvania, as authorized by section 
502(f)(8) of the Water Resources Development Act of 1999; 
$200,000 for a project to eliminate or control combined sewer 
overflows in the city of St. Louis, Missouri, as authorized by 
section 502(f)(32) of the Water Resources Development Act of 
1999; and $300,000 for water related infrastructure projects in 
Lake and Porter Counties, Indiana, as authorized by section 
502(f)(12) of the Water Resources Development Act of 1999. In 
addition, the conference agreement includes $2,500,000 to carry 
out environmental infrastructure projects in northeastern 
Minnesota as authorized by section 569 of the Water Resources 
Development Act of 1999.
      The conference agreement includes $25,000,000 for the 
Corps of Engineers to design, construct, and operate water 
quality projects in the San Gabriel Basin of California; and 
$4,000,000 for the Corps of Engineers, in coordination with 
other Federal agencies and the Brazos River Authority, to 
participate in investigations and projects in the Bosque and 
Leon Watersheds in Texas to assess the impact of the 
perchlorate associated with the former Naval Weapons Industrial 
Reserve Plant at McGregor, Texas.
      The conference agreement includes $300,000 for the Corps 
of Engineers to continue the environmental restoration pilot 
project at Dog River, Alabama.
      The conference agreement includes $1,500,000 for a 
project to eliminate or control combined sewer overflows in the 
City of Lebanon, New Hampshire, as authorized by section 
502(f)(37) of the Water Resources Development Act of 1999; 
$1,500,000 for environmental infrastructure projects in Ohio 
authorized in section 594 of the Water Resources Development 
Act of 1999; and $3,000,000 for environmental infrastructure 
projects in central New Mexico authorized in section 593 of the 
Water Resources Development Act of 1999.
      The conference agreement includes a total of $37,100,000 
for the Levisa and Tug Forks of the Big Sandy River and Upper 
Cumberland River project. In addition to the amounts included 
in the budget request, the conference agreement includes: 
$4,000,000 for the Clover Fork, Kentucky, element of the 
project; $4,800,000 for the Middlesboro, Kentucky, element of 
the project; $1,000,000 for the City of Cumberland, Kentucky, 
element of the project; $700,000 for the Town of Martin, 
Kentucky, element of the project; $4,200,000 for the Pike 
County, Kentucky, element of the project, including $1,400,000 
for additional studies along the tributaries of the Tug Fork 
and the initiation of a Detailed Project Report for the Levisa 
Fork; $3,500,000 for the Martin County, Kentucky, element of 
the project; $1,200,000 for additional studies along the 
tributaries of the Cumberland River in Bell County, Kentucky; 
$800,000 to continue the detailed project report for the 
Buchanan County, Virginia, element of the project; $700,000 to 
continue the detailed project report for the Dickenson County, 
Virginia, element of the project; $1,500,000 for the Upper 
Mingo County, West Virginia, element of the project; $1,600,000 
for the Kermit, Lower Mingo County (Kermit), West Virginia, 
element of the project; $400,000 for the Wayne County, West 
Virginia, element of the project; and $600,000 for the McDowell 
County, West Virginia, element of the project.
      The conference agreement includes $7,000,000 for the Dam 
Safety and Seepage Stability Correction Program. Of the amount 
provided, $1,000,000 is for repairs to the Mississinewa Lake, 
Indiana, project, and up to $2,000,000 is for the Waterbury 
Dam, Vermont, project.
      The conference agreement includes $4,000,000 for the 
Rural Nevada project authorized by section 595 of the Water 
Resources Development Act of 1999. Of the amount provided, 
$1,500,000 is for the Lawton-Verdi, Nevada, sewer inceptor 
project; $1,000,000 is for the Mesquite, Nevada, project; and 
$1,500,000 for the Silver Springs, Nevada, sanitary sewer 
project.
      The conferees direct the Corps of Engineers to undertake 
the projects listed in the House and Senate reports and the 
projects described below for the various continuing authorities 
programs. The recommended funding levels for those programs are 
as follows: Section 206--$19,000,000; Section 204--$4,000,000; 
Section 14--$9,000,000; Section 205--$35,000,000; Section 111--
$300,000; Section 107--$11,000,000; Section 1135--$21,000,000; 
Section 103--$2,500,000; and Section 208--$600,000. The 
conferees are aware that there are funding requirements for 
ongoing continuing authorities projects that may not be 
accommodated within the funds provided for each program. It is 
not the conferees' intent that ongoing projects be terminated. 
If additional funds are needed during the year to keep ongoing 
work in any program on schedule, the conferees urge the Corps 
of Engineers to reprogram funds into the program within 
available funds.
      Of the amount provided for the Section 14 program, 
$580,000 is to initiate and complete the planning and design 
analysis phase, execute a project cooperation agreement, and 
initiate and complete construction for the Rouge River, 
Southfield, Michigan, project.
      Of the amount provided for the Section 111 program, 
$300,000 is to prepare a shoreline stabilization study and 
plans and specifications, and award a construction contract for 
the Virginia Key, Florida, project.
      Of the amount provided for the Section 205 program, 
$100,000 is to undertake the Columbus, New Mexico, project; 
$200,000 is to undertake the Battle Mountain, Nevada, project; 
and $500,000 is to undertake the Hay Creek, Roseau County, 
Minnesota, project. The conference agreement deletes the bill 
language proposed by the Senate for the Hay Creek project. In 
addition, for the McKeel Brook, Dover and Rockaway Townships, 
New Jersey, project, the funds provided are to be used to 
complete plans and specifications and initiate construction of 
the Morris County plan.
      Of the amount provided for the Section 1135 program, 
$100,000 is to initiate the upland environmental restoration 
study for the Virginia Key, Florida, project; $300,000 is to 
prepare an environmental restoration report and prepare a 
project cooperationagreement for the White River, Muncie, 
Indiana, project; $250,000 is to initiate and complete a preliminary 
restoration plan and a feasibility report for the Sand Creek, Newton, 
Kansas, project; and $200,000 is to initiate the ecosystem restoration 
report for the Lake Champlain Watershed, Vermont, project. In addition, 
the Corps of Engineers is directed to proceed with the most cost 
effective solution to the water quality degradation and related 
environmental and public impacts associated with the western jetty at 
the mouth of the Genessee River at Rochester, New York.
      Of the amount provided for the Section 107 program, 
$810,000 is for construction of the Pemiscot Harbor, Missouri, 
project; $3,000,000 is for construction of the Ouzinkie Harbor, 
Alaska, project; and $500,000 is to initiate construction of 
the South Basin Inner Harbor, Buffalo, New York, project.
      The amount provided for the Section 206 program does not 
include funds for the Upper Truckee River project. Funds for 
this project are included in the Bureau of Reclamation's 
Wetlands Development Program.
      The conference agreement includes $4,000,000 for the 
Aquatic Plant Control program. Within the amount provided, 
$400,000 is for aquatic weed control in Lake Champlain, 
Vermont, $250,000 is for aquatic plant control within the State 
of South Carolina, and $100,000 is for the control and tracking 
of aquatic plants in the Potomac River in Virginia and 
Maryland.
      The conferees have included language in the bill 
earmarking funds for the following projects in the amount 
specified: San Timoteo Creek (Santa Ana River Mainstem), 
California, $5,000,000; San Gabriel Basin Groundwater 
Restoration, California, $25,000,000; Indianapolis Central 
Waterfront, Indiana, $10,000,000; Southern and Eastern 
Kentucky, Kentucky, $4,000,000; Clover Fork, Middlesboro, City 
of Cumberland, Town of Martin, Pike County (including Levisa 
Fork and Tug Fork tributaries), Bell County, Martin County, and 
Harlan County, Kentucky, elements of the Levisa and Tug Forks 
of the Big Sandy River and Upper Cumberland River project, 
$20,000,000; Jackson County, Mississippi, $2,000,000; Bosque 
and Leon Rivers, Texas, $4,000,000; Upper Mingo County 
(including Mingo County Tributaries), Lower Mingo County 
(Kermit), Wayne County, and McDowell County, West Virginia, 
elements of the Levisa and Tug Forks of the Big Sandy River and 
Upper Cumberland River project, $4,100,000.
      The conference agreement includes language proposed by 
the House which directs the Corps of Engineers to proceed with 
the Town of Martin element of the Levisa and Tug Forks of the 
Big Sandy River and Upper Cumberland River project in 
accordance with a Plan A as set forth in the preliminary draft 
Detailed Project Report, Appendix T of the General Plan of the 
Huntington District Commander.
      The conference agreement includes language proposed by 
the House which directs the Corps of Engineers to use $900,000 
to undertake the Bowie County Levee project in Texas, which is 
defined as Alternative B Local Sponsor Option in the Corps of 
Engineers document entitled Bowie County Local Flood 
Protection, Red River, Texas, project Design Memorandum No. 1, 
Bowie County Levee, dated April 1997.
      The conference agreement includes language proposed by 
the Senate which provides that none of the funds appropriated 
in the Act may be used to begin Phase II of the John Day 
Drawdown study or to initiate a study of the drawdown of McNary 
Dam unless authorized by law.
      The conference agreement includes language proposed by 
the Senate which directs the Corps of Engineers to use 
available Construction, General, funds to complete design and 
construction of the Red River Regional Visitors Center in the 
vicinity of Shreveport, Louisiana, at an estimated cost of 
$6,000,000.
      The conference agreement includes language proposed by 
the Senate which increases the authorization for the Norco 
Bluffs, California, project.
      The conference agreement includes language proposed by 
the Senate which directs the Corps of Engineers to use 
$3,000,000 of the funds appropriated in the Act for additional 
emergency bank stabilization measures at Galena, Alaska, under 
the same terms and conditions as previously undertaken 
emergency bank stabilization work.
      The conference agreement includes language proposed by 
the Senate directing the Corps of Engineers to use $4,200,000 
appropriated in the Act to continue construction of the Ocean 
Isle Beach segment of the Brunswick County Beaches, North 
Carolina, project in accordance with the General Reevaluation 
Report approved by the Chief of Engineers on May 15, 1998.
      The conference agreement includes language proposed by 
the Senate which directs the Corps of Engineers to use $300,000 
of the funds appropriated in the Act to reimburse the City of 
Renton, Washington, for mitigation expenses incurred for the 
flood control project constructed on the Cedar River at Renton 
as a result of over-dredging by the Corps of Engineers.
      The conference agreement includes language proposed by 
the Senate subjecting the expenditure of previously 
appropriated funds for the Devils Lake, North Dakota, project 
to a number of conditions.
      The conference agreement includes language which provides 
that $2,000,000 shall be available for stabilization and 
renovation of Lock and Dam 10 on the Kentucky River, subject to 
the enactment of authorization for the project.
      The conference agreement includes language which directs 
the Corps of Engineers to use $3,000,000 to initiate 
construction of a navigation project at Kaumalapau Harbor, 
Hawaii. The project will consist of a 350-foot long breakwater 
and a channel depth of 19 feet.
      The conference agreement includes language which directs 
the Corps of Engineers to design and construct seepage control 
features at Waterbury Dam, Winooski River, Vermont. The Dam 
Safety and Seepage Correction Program includes up to $2,000,000 
to initiate this work. The proposed corrective actions will 
restore the structural integrity of the dam and reduce the 
chances of potential failure.
      The conference agreement includes language which directs 
the Corps of Engineers to design and construct barge lanes at 
the Houston-Galveston Navigation Channels, Texas, project.

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

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

                   Operation and Maintenance, General

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

                 Flood Control and Coastal Emergencies

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

                           Regulatory Program

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

            Formerly Utilized Sites Remedial Action Program

      The conference agreement appropriates $140,000,000 for 
the Formerly Utilized Sites Remedial Action Program as proposed 
by the House and the Senate.
      The conferees concur with the language in the Senate 
report regarding the Parks Township Shallow Land Disposal Area 
in Armstrong County, Pennsylvania.

                            General Expenses

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

                             Revolving Fund

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

                           GENERAL PROVISIONS

                       Corps of Engineers--Civil

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



                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project

                Central Utah Project Completion Account

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

                         Bureau of Reclamation

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

                      Water and Related Resources

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

               Bureau of Reclamation Loan Program Account

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

                Central Valley Project Restoration Fund

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

                       Policy and Administration

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

                           GENERAL PROVISIONS

                       Department of the Interior

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



                               TITLE III

                          DEPARTMENT OF ENERGY

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

                           PROJECT MANAGEMENT

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

                        PASSENGER MOTOR VEHICLES

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

                           CONTRACTOR TRAVEL

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

                          INDEPENDENT CENTERS

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

                             REPROGRAMMINGS

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

              LABORATORY DIRECTED RESEARCH AND DEVELOPMENT

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

                SAFEGUARDS AND SECURITY BUDGET AMENDMENT

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

              ADDITIONAL DEPARTMENT OF ENERGY REQUIREMENTS

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

GENERAL REDUCTIONS NECESSARY TO ACCOMMODATE SPECIFIC PROGRAM DIRECTIONS

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

                             Energy Supply

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

                       Renewable Energy Resources

      The conference agreement provides $422,085,000 instead of 
$390,519,000 as proposed by the House and $444,117,000 as 
proposed by the Senate for renewable energy resources.
      Biomass/biofuels.--The conference agreement includes 
$112,900,000 for biomass/biofuels. The conferees have provided 
$26,740,000 for research to be managed by the Office of 
Science, the same as the budget request. The conference 
agreement includes $40,000,000 for power systems and 
$46,160,000 for the transportation program. The conference 
agreement does not include prescriptive language specifying 
funding allocations as contained in the House and Senate 
reports.
      The conferees encourage the Department to continue the 
integrated approach to bioenergy activities and recommend the 
use of up to $18,000,000 within available funds for the 
bioenergy initiative. Funding for this initiative may be 
derived from both the power and transportation programs.
      In the power program, the conference agreement provides 
$2,000,000 for the Iowa switch grass project which is a multi-
year project; $4,000,000 for the McNeill biomass plant in 
Burlington, Vermont; $395,000 for the final Federal 
contribution to the Vermont agriculture methane project; 
$500,000 for the bioreactor landfill project to be administered 
by the Environmental Education and Research Foundation and 
Michigan State University; $1,000,000 for methane energy and 
agriculture development (MEAD) in Tillamook Bay, Oregon; and 
$1,000,000 for the Mount Wachusett College biomass conversion 
project in Massachusetts.
      The Department is to accelerate the large-scale biomass 
demonstration at the Winona, Mississippi, site.
      The conference agreement provides $4,000,000 in power 
systems to support a project to demonstrate a commercial 
facility employing the thermo-depolymerization technology at a 
site adjacent to the Nevada Test Site. The project shall 
proceed on a cost-shared basis where Federal funding shall be 
matched in at least an equal amount with non-Federal funding.
      In the transportation program, the conference agreement 
provides $1,000,000 for continuation of biomass research at the 
Energy and Environmental Research Center on the integration of 
biomass with fossil fuels for advanced power systems 
transportation fuels; $600,000 for the University of Louisville 
to work on the design of bioreactors for production of fuels 
and chemicals for ethanol production; and $2,000,000 for the 
design and construction of a demonstration facility for 
regional biomass ethanol manufacturing in southeast Alaska.
      The conference agreement also includes $2,000,000 for the 
Michigan Biotechnology Institute to be derived equally from 
power and transportation systems.
      Funding allocated by the Department for the regional 
biomass program and feedstock production should be derived 
equally from the power and transportation programs.
      Geothermal.--The conference agreement includes 
$27,000,000 for geothermal activities. The conference agreement 
does not include language specifying funding allocations as 
contained in the Senate report. The conferees have provided 
$2,000,000 to complete the Lake County Basin 2000 Geothermal 
project in Lake County, California.
      Hydrogen.--The conference agreement includes $29,970,000 
for hydrogen activities, including $350,000 for the Montana 
Trade Port Authority in Billings, Montana; $250,000 for the 
gasification of Iowa switch grass; and $800,000 for the ITM 
Syngas project.
      The conferees have also provided $2,000,000 for the 
multi-year demonstration of an underground mining locomotive 
and an earth loader powered by hydrogen at existing facilities 
within the State of Nevada. The demonstration is subject to a 
private sector industry cost-share of not less than an equal 
amount, and a portion of these funds may also be used to 
acquire a prototype hydrogen fueling appliance to provide on-
site hydrogen in the demonstration.
      Hydropower.--The conference agreement includes $5,000,000 
for hydropower. The conferees are aware that the Department is 
funding research that is supposed to be applicable to the needs 
of the large dams in the northwest United States. The 
Department is concerned that the Federal power marketing 
administrations are not involved in developing this research 
program. The Department is directed to provide a report 
coordinated with the power marketing administrations that 
indicates how this hydropower research is applicable to the 
current and future needs of the power marketing administrations 
and the schedule by which this research will provide useable 
products.
      Solar Energy.--The conference agreement includes 
$110,632,000 for solar energy programs. The conference 
agreement does not include language specifying funding 
allocations as contained in the House and Senate reports.
      The conference agreement provides $13,800,000 for 
concentrating solar power, including $1,000,000 to initiate 
planning of a one MW dish engine field validation power project 
at the University of Nevada-Las Vegas.
      The conference agreement includes $78,622,000 for 
photovoltaic energy systems, including up to $3,000,000 for the 
million solar roofs initiative. The conferees have provided 
$1,500,000 for the Southeast and Southwest photovoltaic 
experiment stations.
      The conference agreement includes $3,950,000 for solar 
building technology research.
      Wind.--The conference agreement includes $40,283,000 for 
wind programs. The conference agreement does not include 
prescriptive language specifying allocations as included in the 
Senate report. The conferees have provided $1,000,000 for the 
Kotzebue wind project. Of the funding for wind energy systems, 
not less than $5,000,000 shall be made available for new and 
ongoing small wind programs, including not less than $2,000,000 
for the small wind turbine development project. From within 
available funds, $100,000 has been provided for a wind turbine 
and for educational purposes at the Turtle Mountain Community 
College in North Dakota.
      Electric energy systems and storage.--The conference 
agreement includes $52,000,000 for electric energy systems and 
storage. The conferees urge the Department to support the 
university, industry-based partnership at the University of 
California-Irvine Advanced Power and Energy Program to conduct 
energy and information related technology demonstrations to 
accelerate the development and deployment of cost-efficient 
technologies benefiting all energy consumers affected by a 
deregulated energy industry.
      The conference agreement includes $6,000,000 to 
accelerate the development and application of high temperature 
superconductor technologies through joint efforts among DOE 
laboratories, universities, and industry to be lead by Los 
Alamos and Oak Ridge National Laboratories.
      The conference agreement includes $500,000 for completion 
of the distributed power demonstration project begun last year 
at the Nevada Test Site.
      Renewable Support and Implementation.--The conference 
agreement includes $21,600,000 for renewable support and 
implementation programs.
      The Federal Energy Management Program should report to 
the Committees on Appropriations by December 31, 2001, on the 
accomplishments of the Departmental energy management program 
with the fiscal year 2001 appropriations including the number 
of energy efficiency projects funded, the number of energy 
savings performance contracts supported, and the total 
estimated savings.
      From within available funds, the conference agreement 
provides $1,000,000 for the Office of Arctic Energy as proposed 
by the Senate.
      The conference agreement includes $5,000,000 for the 
international renewable energy program. Of this amount, 
$1,000,000 is to be provided to International Utility 
Efficiency Partnerships, Inc. (IUEP). The IUEP shall 
competitively award all projects, continuing its leadership 
role in reducing carbon dioxide emissions using voluntary 
market-based mechanisms.
      The conference agreement includes $4,000,000 for the 
renewable energy production incentive program.
      The conference agreement includes $6,600,000 for 
renewable Indian energy resources projects as proposed by the 
Senate.
      The conference agreement includes $4,000,000 for 
renewable program support, of which $1,000,000 is for an Indoor 
Air Quality and Energy Conservation Research Planning grant to 
study and develop technologies to improve air quality within 
homes and buildings.
      Program direction.--The conference agreement includes 
$18,700,000 for program direction. The conferees have provided 
additional funding to support implementation of the management 
reforms identified in the recent National Academy of Public 
Administration review.

                             nuclear energy

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

                     Environment, Safety and Health

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

                Technical Information Management Program

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

                          Funding Adjustments

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

                  NON-DEFENSE ENVIRONMENTAL MANAGEMENT

      The conference agreement provides $277,812,000 for Non-
Defense Environmental Management instead of $281,001,000 as 
proposed by the House and $309,141,000 as proposed by the 
Senate. Funding of $5,000,000 is provided to expedite 
environmental cleanup at the Brookhaven National Laboratory. No 
funding has been provided for the Atlas site in Moab, Utah, 
which has not been authorized. The recommendation transfers 
$1,900,000 from the post-2006 program to the site/project 
completion program to maintain the schedule for completing 
cleanup of three Oakland geographic sites.

             URANIUM FACILITIES MAINTENANCE AND REMEDIATION

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

      Uranium Enrichment Decontamination and Decommissioning Fund

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

                            Uranium Programs

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

                       Domestic Uranium Industry

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

                           Funding Adjustment

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

                                Science

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

                         NUCLEAR WASTE DISPOSAL

      The conference agreement provides $191,074,000 for 
Nuclear Waste Disposal instead of $213,000,000 as proposed by 
the House and $59,175,000 as proposed by the Senate. Combined 
with the appropriation of $200,000,000 to the Defense Nuclear 
Waste Disposal account, a total of $391,074,000 will be 
available for program activities in fiscal year 2001. The 
funding level reflects a reduction of $39,500,000 from the 
budget request and the transfer of $6,926,000 in safeguards and 
security costs in accordance with the Department's amended 
budget request.
      In addition, the conferees recommend that $10,000,000 of 
funds previously appropriated for interim waste storage 
activities in Public Law 104-46 may be made available upon 
written certification by the Secretary of Energy to the House 
and Senate Committees on Appropriations that the site 
recommendation report cannot be completed on time without 
additional funding.
      Site recommendation report.--The conferees reiterate the 
expectation by Congress that the Department submit its site 
recommendation report in July 2001 according to the current 
schedule. While the conference agreement does not provide the 
full funding requested by the Department, the conferees expect 
the Department to promptly submit a reprogramming request if it 
becomes apparent that limited funding will delay the site 
recommendation report beyond July 2001.
      The conferees further expect that, if the site is 
approved, the Department will continue to analyze further 
design improvements and enhancements between that time and the 
submittal of a license application to the Nuclear Regulatory 
Commission.
      State oversight funding.--The conference agreement 
includes $2,500,000 for the State of Nevada. This funding will 
be provided to the Department of Energy which will reimburse 
the State for actual expenditures on appropriate scientific 
oversight responsibilities conducted pursuant to the Nuclear 
Waste Policy Act of 1982. These funds are to be provided to the 
Nevada Division of Emergency Management for program management 
and execution and may not be used for payment of salaries and 
expenses for State employees.
      Local oversight funding.--The conference agreement 
includes $6,000,000 for affected units of local government. The 
conferees expect the Department to provide the full amount of 
funding allocated to the State and local counties for oversight 
activities. Any proposed reduction to the amounts identified by 
Congress for State and local oversight will require prior 
approval of a reprogramming request by the Committees on 
Appropriations.
      Limitation on the use of funds to promote or advertise 
public tours.--The conferees direct that none of the funds be 
used to promote or advertise any public tour of the Yucca 
Mountain facility, other than public notice that is required by 
statute or regulation.

                      Departmental Administration

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

                    Office of the Inspector General

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

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                National Nuclear Security Administration

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

                           WEAPONS ACTIVITIES

      The conference agreement provides $5,015,186,000 for 
Weapons Activities instead of $4,579,684,000 as proposed by the 
House and $4,883,289,000 as proposed by the Senate. Statutory 
language proposed by the House limiting the funds availability 
to two years has not been included by the conferees.
      Reprogramming.--The conference agreement provides limited 
reprogramming authority of $5,000,000 or 5 percent, whichever 
is less, within the Weapons Activities account without 
submission of a reprogramming to be approved in advance by the 
House and Senate Committees on Appropriations. No individual 
program account may be increased or decreased by more than this 
amount during the fiscal year using this reprogramming 
authority. This should provide the needed flexibility to manage 
this account.
      Congressional notification within 30 days of the use of 
this reprogramming authority is required. Transfers which would 
result in increases or decreases in excess of $5,000,000 or 5 
percent to an individual program account during the fiscal year 
require prior notification and approval from the House and 
Senate Committees on Appropriations.
      The Department is directed to submit a report to the 
Committees on Appropriations by January 15, 2001, that reflects 
the allocation of the safeguards and security reduction, the 
use of prior year balances and the application of general 
reductions, and any proposed accounting adjustments.
      Directed stockpile work.--In stockpile research and 
development, additional funding of $19,000,000 has been 
provided for life extension development activities and to 
support additional sub-critical experiments. Additional funding 
of $10,000,000 has been provided to support activities required 
to maintain the delivery date for a certified pit. No 
additional funds are provided for cooperative research on hard 
and deeply buried targets.
      Funding for stockpile maintenance has been increased by 
$22,000,000 as follows: $13,000,000 for life extension 
operations and development and engineering activities; 
$5,000,000 for the Kansas City Plant; and $4,000,000 for the Y-
12 Plant.
      Funding for stockpile evaluation has been increased by 
$23,000,000 as follows: $6,000,000 for the elimination of the 
testing backlog and joint test equipment procurements; 
$8,000,000 for the Pantex Plant; $6,000,000 for the Y-12 Plant; 
and $3,000,000 for the Savannah River Plant.
      Campaigns.--The conference agreement provides $41,400,000 
for pit certification, the same as the budget request. 
Additional funding of $10,000,000 has been provided for dynamic 
materials properties to support the maintenance of core 
scientific capabilities, Liner Demonstration Experiments, and 
other various multi-campaign supporting physics demonstrations 
for the Atlas pulsed power facility at the Los Alamos National 
Laboratory and the Nevada Test Site.
      An additional $15,000,000 has been provided to support 
research, development and pre-conceptual design studies for an 
advanced hydrodynamic test facility using protons.
      Additional funding of $17,000,000 has been provided for 
enhanced surveillance activities as follows: $3,000,000 for the 
Kansas City Plant; $7,000,000 for the Pantex Plant; $4,000,000 
for the Y-12 Plant; $1,000,000 for the Savannah River Plant; 
and $2,000,000 to support accelerated deployment of test and 
diagnostic equipment.
      Funding for pit manufacturing readiness is increased by 
$17,000,000. An increase of $2,000,000 is provided to initiate 
conceptual design work on a pit manufacturing facility. 
Additional funding of $15,000,000 is provided to support the 
pit production program which is now behind schedule and over 
cost. The conferees strongly support the Senate language 
regarding the Department's lack of attention to this critical 
program and the requirement for a progress report by December 
1, 2000, and each quarter thereafter.
      An additional $5,000,000 has been provided to the Y-12 
Plant for secondary readiness.
      Inertial Fusion.--The conference agreement includes 
$449,600,000 for the inertial fusion program in the budget 
structure proposed by the House.
      Additional funding of $25,000,000 as proposed by the 
House has been provided to further development of high average 
power lasers. The conference agreement includes the budget 
request of $9,750,000 for the Naval Research Laboratory and the 
budget request of $32,150,000 for the University of Rochester. 
The conference agreement reflects the transfer of $40,000,000 
from National Ignition Facility (NIF) operations funding to the 
NIF construction project.
      The conference agreement provides $2,500,000 from within 
available funds to transfer the Petawatt Laser from Lawrence 
Livermore National Laboratory to the University of Nevada--
Reno, as proposed by the Senate.
      National Ignition Facility.--The conference agreement 
provides $199,100,000 for continued construction of the 
National Ignition Facility (NIF). The conferees have included a 
directed reduction of $25,000,000 in the Weapons Activities 
account which is to be applied to programs under the direction 
of the Lawrence Livermore National Laboratory.
      The conferees have included statutory language providing 
that only $130,000,000 shall be made available for NIF at the 
beginning of fiscal year 2001 and the remaining $69,100,000 
shall be available only upon a certification after March 31, 
2001, by the Administrator of the National Nuclear Security 
Administration that several requirements have been met. These 
requirements include:
      A. A recommendation on an appropriate path forward for 
the project based on a detailed review of alternative 
construction options that would (1) focus on first achieving 
operation of a 48 or 96 beam laser; (2) allow for the full 
demonstration of a such a system in support of the stockpile 
stewardship program before proceeding with construction and 
operation of a larger laser complex; and (3) include a program 
and funding plan for the possible future upgrade to a full NIF 
configuration. The recommendation should include identification 
of available ``off-ramps'' and decision points where the 
project could be scaled to a smaller system.
      B. Certification that project and scientific milestones 
as established in the revised construction project data sheet 
for the fourth quarter of fiscal year 2000 and the first two 
quarters of fiscal year 2001 have been met on schedule and on 
cost.
      C. Certification that the first and second quarter 
project reviews in fiscal year 2001 determined the project to 
be on schedule and cost and have provided further validation to 
the proposed path forward.
      D. Completion of a study that includes conclusions as to 
whether the full-scale NIF is required in order to maintain the 
safety and reliability of the current nuclear weapons 
stockpile, and whether alternatives to the NIF could achieve 
the objective of maintaining the safety and reliability of the 
current nuclear weapons stockpile.
      E. Certification that the NIF project has implemented an 
integrated cost-schedule earned-value project control system by 
March 1, 2001.
      F. A five-year budget plan for the stockpile stewardship 
program that fully describes how the NNSA intends to pay for 
NIF over the out years and what the potential for other impacts 
on the stockpile stewardship program will be.
      The conferees remain concerned about the Department's 
proposed budget increase and schedule delay for the NIF at the 
Lawrence Livermore National Laboratory (LLNL). The conferees 
believe that previously the Department of Energy, and most 
recently the National Nuclear Security Administration (NNSA), 
may have failed to examine adequately options for NIF that have 
fewer than the full 192 beams. For example, a preferred course 
for NIF may be to complete 48 or 96 beams as soon as possible 
(although block procurement of infrastructure and glass may be 
considered), bring the reduced NIF into operation, perform the 
necessary scientific and technical tests to evaluate whether a 
full NIF will work and its impact on stockpile stewardship, and 
then develop a path forward for NIF that balances its 
scientific importance within the overall needs of the stockpile 
stewardship program. To move on this path in fiscal year 2001, 
the conferees recommend that $199,100,000 be appropriated for 
NIF as follows: $74,100,000 as originally proposed for Project 
96-D-111, $40,000,000 from NIF operations funding within the 
budget request for LLNL, $25,000,000 to be identified within 
the budget request at LLNL, plus an additional $60,000,000 in 
new appropriations.
      Furthermore, the conferees direct the Administration to 
prepare a budget request for fiscal year 2002 that fully 
reflects a balanced set of programs and investments within the 
stockpile stewardship program, and that the overall budget 
profile over the next eight years will accommodate a $3.4 
billion NIF along with the other critical aspects of the 
program.
      Defense computing and modeling.--The conference agreement 
provides $786,175,000 for defense computing modeling and the 
Accelerated Strategic Computing Initiative in the budget 
structure proposed by the House. The recommendation is 
$10,000,000 less than the budget request, and the reduction 
should be taken against lower priority activities.
      Tritium.--A total of $167,000,000 is provided for 
continued research and development on a new source of tritium. 
Funding of $15,000,000 has been provided for design only 
activities in Project 98-D-126, Accelerator Production of 
Tritium.
      Readiness in technical base and facilities.--The 
conference agreement includes several funding adjustments 
transferring funds from this program to individual campaigns.
      For operations of facilities, $137,300,000 has been 
transferred to the inertial fusion program. An additional 
$36,000,000 has been provided to the production plants for 
replacement of critical infrastructure and equipment as 
follows: $12,000,000 for the Kansas City Plant; $12,000,000 for 
the Pantex Plant; $10,000,000 for the Y-12 Plant; and 
$2,000,000 for the Savannah River Plant.
      Additional funding of $10,000,000 has been provided for 
the operation of pulsed power facilities; $20,000,000 for 
microsystems and microelectronics activities at the Sandia 
National Laboratory; $7,000,000 for a replacement CMR facility 
at Los Alamos National Laboratory; and $3,100,000 to fund the 
transition period for the new contractor at the Pantex Plant in 
Texas.
      For program readiness, the conference agreement transfers 
$7,400,000 to the inertial fusion program and adds $6,100,000 
for the TA-18 relocation.
      For nuclear weapons incident response, a new program 
established in readiness technical base and facilities, the 
conference agreement provides $56,289,000. Funding of 
$44,205,000 for the nuclear emergency search team and 
$12,084,000 for the accident response group was transferred 
from the emergency management program in the Other Defense 
Activities account.
      Special projects are supported at the budget request of 
$48,297,000. Additional funds have not been provided for AMTEX. 
From within available funds, $1,000,000 has been provided to 
support a program in partnership with university systems to 
meet the needs of the NNSA.
      For materials recycling, the conference agreement 
provides an additional $8,000,000 to maintain restart schedules 
for hydrogen fluoride and wet chemistry operations at the Y-12 
Plant.
      For containers, the conference agreement provides an 
additional $4,000,000 to support the effort to repackage pits 
which is currently behind schedule at the Pantex Plant due to 
operational problems.
      Funding for advanced simulation and computing has been 
transferred to the defense computing and modeling campaign.
      The conference agreement does not provide additional 
funding to process uranium-233 as proposed by the Senate, but 
the conferees expect the Department to act expeditiously to 
process this material in a manner that would retain and make 
available isotopes for beneficial use. The Department should 
provide to the House and Senate Committees a report on the 
status of this project by March 1, 2001.
      Construction projects.--The conference agreement provides 
$35,500,000 for preliminary project engineering and design. 
Funding of $20,000,000 is provided for design and supporting 
infrastructure upgrades for the Microsystems and Engineering 
Sciences Applications facility at Sandia National Laboratory; 
$5,000,000 for proof of concept and completion of facility 
operational capability for the Atlas pulsed power machine at 
the Nevada Test Site; and $1,000,000 for initiation of design 
activities for the relocation of the TA-18 nuclear materials 
handling facility at Los Alamos National Laboratory.
      Safeguards and security.--Consistent with the 
Department's amended budget request for safeguards and 
security, the conference agreement includes $377,596,000 for 
safeguards and security activities at laboratories and 
facilities managed by the Office of Defense Programs. This is 
offset by a reduction of $310,796,000 to be allocated among the 
various programs which budgeted for safeguards and security 
costs in their overhead accounts.
      Program direction.--The conference agreement provides 
$224,071,000 for program direction as proposed by the Senate.
      Funding adjustments.--The conference agreement includes 
the use of $13,647,000 in prior year balances and a reduction 
of $310,796,000 that reflects the allocation of safeguards and 
security costs in accordance with the Department's amended 
budget request. In addition, the conference agreement includes 
a general reduction of $35,700,000 of which $25,000,000 is to 
be taken against programs at Lawrence Livermore National 
Laboratory.

                    DEFENSE NUCLEAR NONPROLIFERATION

      The conference agreement provides $874,196,000 for 
Defense Nuclear Nonproliferation instead of $861,477,000 as 
proposed by the House and $908,967,000 as proposed by the 
Senate. Statutory language proposed by the House limiting the 
funds availability to two years has not been included by the 
conferees. Statutory language proposed by the Senate to earmark 
funding for the Incorporated Research Institutions for 
Seismology has not been included. The conferees have provided a 
total of $53,000,000 for the long-term Russian initiative 
within this account.
      Limitation on Russian and Newly Independent States' (NIS) 
program funds.--The conferees are concerned about the amount of 
funding for Russian and NIS programs which remains in the 
United States for Department of Energy contractors and 
laboratories rather than going to the facilities in Russia and 
the NIS. The conferees direct that not more than the following 
percentages of funding may be spent in the United States in 
fiscal year 2001 for these programs: Materials Protection, 
Control and Accounting, 43%; International Proliferation 
Prevention Program, 40%; Nuclear Cities Initiative, 49%; 
Russian Plutonium Disposition, 38%; and International Nuclear 
Safety, 78%.
      The conferees expect the Department to continue to 
increase the level of funding which is provided to Russia 
versus the funding which remains in the United States for 
Department of Energy contractors and laboratories in each 
subsequent year. The Department is to provide a report to the 
Committees by January 31, 2001, and each subsequent year on the 
amount of funding provided to Russia and NIS in each program 
area. The Department should work with the Committees on the 
specific information to be included in the report.
      Nonproliferation and verification research and 
development.--The conference agreement provides $252,990,000 
for nonproliferation and verification research and development. 
Funding of $17,000,000 has been provided for the 
nonproliferation and international security center (NISC) at 
Los Alamos National Laboratory, and $1,000,000 for the 
Incorporated Research Institutions for Seismology PASSCAL 
Instrument Center.
      Concerns have been raised repeatedly that there should be 
more opportunity for open competition in certain areas of the 
nonproliferation and verification research and development 
program. A recent report by an outside group established by the 
Department to review the Office of Nonproliferation Research 
and Engineering included a similar recommendation. The report 
stated that, ``There should be greater opportunity for the 
wider U.S. scientific and technical community to contribute to 
the success of the NN-20 portfolio. This can be done through 
open competition administered by DOE Headquarters and through 
partnerships chosen and managed by the DOE national 
laboratories.'' * * * ``Areas that come to mind as candidates 
for open competition include seismic verification technologies 
for very low yield underground nuclear tests and chemical and 
biological agent detection and identification technologies. 
Other possible areas might be specialized electronic chip 
development and certain radio-frequency technologies.''
      The conferees expect the Department to act in good faith 
on the recommendations provided by the external review group, 
and direct the Department to initiate a free and open 
competitive process for 25 percent of its research and 
development activities during fiscal year 2001 for ground-based 
systems treaty monitoring. The competitive process should be 
open to all Federal and non-Federal entities.
      The conferees direct the Department to report to the 
Committees on Appropriations on the status of implementing the 
external review panel's recommendations and the results of the 
directed open competition by March 30, 2001.
      Arms control.--The conference agreement provides 
$152,014,000 for arms control activities including $24,500,000 
for the Initiatives for Proliferation Prevention and 
$27,500,000 for the Nuclear Cities Initiative. In addition to 
the $10,000,000 added to the Nuclear Cities Initiative, the 
conferees have provided another $19,000,000 for the long-term 
Russian initiative in the arms control program to be 
distributed as follows: $15,000,000 for spent fuel dry storage; 
$500,000 for the plutonium registry at Mayak; $2,500,000 for 
geologic repository cooperation research and planning; and 
$1,000,000 for research reactor spent fuel acceptance.
      International materials protection, control and 
accounting (MPC&A).--The conference agreement includes 
$173,856,000 for the MPC&A program including $24,000,000 for 
the long-term Russian initiative. The conferees have provided 
$5,000,000 for plutonium storage at Mayak and $19,000,000 for 
expanded MPC&A activities at Russian naval sites.
      HEU transparency implementation.--The conference 
agreement provides $15,190,000, the same as the budget request.
      International nuclear safety.--The conference agreement 
provides $20,000,000, the same as the budget request, for the 
international nuclear safety program. This funding is to be 
used only for activities in support of completing the upgrades 
to Soviet-designed nuclear reactors. From within available 
funds, the conference agreement provides $1,000,000 for a 
cooperative effort between the United States and Russia to 
address intergranular stress corrosion cracking and restore the 
structural integrity of Russian nuclear plants until 
decommissioning.
      Fissile materials disposition.--The conference agreement 
provides $249,449,000 for fissile materials disposition. 
Funding of $139,517,000, as proposed by the House, has been 
provided for the U.S. surplus materials disposition program. 
The conference agreement provides $26,000,000 for Project 99-D-
143, the MOX fuel fabrication facility.
      Program direction.--The conference agreement provides 
$51,468,000 for the program direction account as proposed by 
the House. The conferees are aware that the Department does not 
have enough qualified Federal employees available to manage the 
nonproliferation and national security programs, particularly 
the Russian programs. The conferees will favorably consider a 
reprogramming of funds from program areas to the program 
direction account as Federal employees are hired to replace the 
contractor employees who currently oversee these programs.
      Funding adjustment.--The conference agreement includes a 
reduction of $40,245,000 that reflects the transfer of 
safeguards and security costs in accordance with the 
Department's amended budget request.

                             NAVAL REACTORS

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

                      OFFICE OF THE ADMINISTRATOR

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

                    Other Defense Related Activities

         DEFENSE ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT

      The conference agreement provides $4,974,476,000 for 
Defense Environmental Restoration and Waste Management instead 
of $4,522,707,000 as proposed by the House and $4,635,763,000 
as proposed by the Senate. Additional funding of $1,082,714,000 
is contained in the Defense Facilities Closure Projects account 
and $65,000,000 in the Defense Environmental Management 
Privatization account for a total of $6,122,190,000 provided 
for all defense environmental management activities.
      The conference agreement does not include statutory 
language proposed by the House pertaining to the use of funds 
for the Waste Isolation Pilot Plant or language proposed by the 
Senate earmarking funds for programs to be managed by the 
Carlsbad office of the Department of Energy.
      The conference agreement limits the number of motor 
vehicles that can be purchased in fiscal year 2001 to not more 
than 30 for replacement only. The conferees have included an 
additional reporting requirement on the entire Department and 
have specified that sport utility vehicles are to be counted 
within this ceiling.
      National monument designation.--The conferees agree that 
no funds spent by the Department for the coordination, 
integration, or implementation of a management plan related to 
the Hanford Reach National Monument shall result in the 
reduction or delay of cleanup at the Hanford site.
      Site/Project Completion.--The conference agreement 
provides an additional $11,000,000 for F and H-area 
stabilization activities at the Savannah River Site in South 
Carolina as proposed by the House, and $19,000,000 to address 
funding shortfalls at the Hanford site in Richland, Washington, 
as proposed by the Senate. Funding of $12,308,000 has been 
transferred to other accounts as proposed by the House.
      The conference agreement supports the budget request of 
$2,500,000 for the cooperative agreement with WERC and provides 
$25,000 for an independent evaluation of the mixed-waste 
landfill at Sandia National Laboratories in New Mexico.
      For construction, the conference agreement provides 
$17,300,000 for Project 01-D-414, preliminary project 
engineering and design (PE&D). Project 01-D-415, 235-F 
packaging and stabilization, at the Savannah River Site has 
been funded at $4,000,000. Funding of $500,000 requested for 
Project 01-D-402, INTEC cathodic protection system expansion 
project, at Idaho Falls has been transferred to the new PE&D 
project. Funding of $27,932,000 for the Highly Enriched Blend 
Down Facility has been transferred to the fissile materials 
disposition program.
      Post 2006 Completion.--The conference agreement includes 
an additional $10,000,000 to maintain schedules required by 
revised compliance agreements with the State of Washington as 
proposed by the Senate, and $6,000,000 to support transuranic 
and low-level waste activities at the Savannah River Site in 
South Carolina as proposed by the House. Funding of $10,000,000 
for the Four Mile Branch project and $18,000,000 for the 
Consolidated Incinerator Facility at the Savannah River Site 
has not been provided as proposed by the House. Funding of 
$18,692,000 has been transferred to the Science and Technology 
program.
      The conference agreement provides $400,000 to begin 
design activities for a subsurface geosciences laboratory at 
Idaho.
      From within available funds for the Waste Isolation Pilot 
Plant, $1,000,000 has been provided for a transparency 
demonstration project.
      A total of $3,000,000 has been provided to support a 
program with the United States-Mexico Border Health Commission 
to demonstrate technologies to reduce hazardous waste streams 
and to support the Materials Corridor Partnership Initiative.
      Funding of $1,300,000 for Project 01-D-403, immobilized 
high level waste interim storage facility, at Richland, 
Washington, has been transferred to the PE&D project in site/
project completion account.
      Office of River Protection.--The conference agreement 
provides $757,839,000 for the Office of River Protection at the 
Hanford site in Washington. The conference agreement provides 
$377,000,000 for Project 01-D-416, Tank Waste Remediation 
System, at Richland, Washington, to vitrify the high-level 
waste in underground tanks. Funding to vitrify waste at the 
Hanford site was requested in the Defense Environmental 
Management Privatization account in fiscal year 2001. However, 
due to the failure of the contractor to provide a viable cost 
estimate under the concept of a ``privatized'' contract, the 
contract will now be structured as a cost plus incentive fee 
contract and will be funded in the regular appropriation 
account.
      Science and technology development.--The conference 
agreement provides $256,898,000 for the science and technology 
development program. Funding of $21,000,000 has been 
transferred to this account for the Idaho validation and 
verification program. This transfer is not intended to reduce 
the environmental management base program in Idaho. The 
Department is directed to provide $10,000,000 for the next 
round of new and innovative research grants in the 
environmental management science program in fiscal year 2001, 
and $10,000,000 for technology deployment activities.
      The conference agreement provides $4,000,000 for the 
international agreement with AEA Technology; $4,500,000 for the 
Diagnostic Instrumentation and Analysis Laboratory; $4,350,000 
for the university robotics research program; an additional 
$1,000,000 for the D&D focus area; and up to $4,000,000 to 
continue evaluation, development and demonstration of the 
Advanced Vitrification System upon successful completion of 
supplemental testing. The conferees have provided $2,000,000 to 
the National Energy Technology Laboratory to be used for the 
continuation of the Mid-Atlantic Recycling Center for End-of-
Life Electronics initiative (MARCEE) in cooperation with the 
Polymer Alliance Zone.
      The conference agreement includes $4,000,000 for the 
long-term stewardship program to be administered at 
Headquarters and $4,000,000 for the Idaho National Engineering 
and Environmental Laboratory. No funds are provided for the low 
dose radiation effects program, as the entire Senate 
recommended amount is provided within the Office of Science.
      Safeguards and security.--Consistent with the 
Department's amended budget request for safeguards and 
security, the conference agreement includes $203,748,000 for 
safeguards and security activities at laboratories and 
facilities managed by the Office of Defense Programs. This is 
offset by a reduction of $193,217,000 to be allocated among the 
various programs which budgeted for safeguards and security 
costs in their overhead accounts.
      Program direction.--The conferees have provided 
$363,988,000 for the program direction account. This funding 
level reflects the transfer of the uranium programs from the 
office of nuclear energy to the office of environmental 
management. Funding of $4,100,000 has been provided to allow 
for the transfer of up to 5 employees from Headquarters and 25 
employees at Oak Ridge who manage the uranium programs.
      Funding adjustments.--The conference agreement includes 
the use of $34,317,000 of prior year balances and $50,000,000 
in pension refunds, the same as the budget request. The 
conference agreement includes a reduction of $193,217,000 that 
reflects the allocation of safeguards and security costs in 
accordance with the Department's amended budget request. A 
general reduction of $10,700,000 has also been included.

                  DEFENSE FACILITIES CLOSURE PROJECTS

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

             DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION

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

                        Other Defense Activities

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

                   Security and Emergency Operations

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

                              Intelligence

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

                          Counterintelligence

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

                   Advanced Accelerator Applications

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

            Independent Oversight and Performance Assurance

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

                Environment, Safety and Health (Defense)

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

                    Worker and Community Transition

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

           National Security Programs Administrative Support

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

                     Office of Hearings And Appeals

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

                          Funding Adjustments

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

                     DEFENSE NUCLEAR WASTE DISPOSAL

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

                    Power Marketing Administrations

                    BONNEVILLE POWER ADMINISTRATION

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

                   SOUTHEASTERN POWER ADMINISTRATION

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

                   SOUTHWESTERN POWER ADMINISTRATION

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

                   WESTERN AREA POWER ADMINISTRATION

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

                        FALCON AND AMISTAD FUND

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

                  Federal Energy Regulatory Commission

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

                              RESCISSIONS

                     Defense Nuclear Waste Disposal

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

             Defense Environmental Management Privatization

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

                           GENERAL PROVISIONS

                          Department of Energy

      Sec. 301. The conference agreement includes a provision 
proposed by the House that none of the funds may be used to 
award a management and operating contract unless such contract 
is awarded using competitive procedures, or the Secretary of 
Energy grants a waiver to allow for such a deviation. Section 
301 does not preclude extension of a contract awarded using 
competitive procedures.
      Sec. 302. The conference agreement includes a provision 
proposed by the House and Senate that none of the funds may be 
used to prepare or implement workforce restructuring plans or 
provide enhanced severance payments and other benefits and 
community assistance grants for Federal employees of the 
Department of Energy under section 3161 of the National Defense 
Authorization Act of Fiscal Year 1993, Public Law 102-484.
      Sec. 303. The conference agreement modifies a provision 
proposed by the House that none of the funds may be used to 
augment the $24,500,000 made available for obligation for 
severance payments and other benefits and community assistance 
grants unless the Department of Energy submits a reprogramming 
request subject to approval by the appropriate Congressional 
committees.
      Sec. 304. The conference agreement includes a provision 
proposed by the House and Senate that none of the funds may be 
used to prepare or initiate Requests for Proposals for a 
program if the program has not been funded by Congress in the 
current fiscal year. This provision precludes the Department 
from initiating activities for new programs which have been 
proposed in the budget request, but which have not yet been 
funded by Congress.
      Sec. 305. The conference agreement includes a provision 
proposed by the House and Senate that permits the transfer and 
merger of unexpended balances of prior appropriations with 
appropriation accounts established in this bill.
      Sec. 306. The conference agreement includes language 
providing that not to exceed 6 percent of funds shall be 
available for Laboratory Directed Research and Development.
      Sec. 307. The conference agreement includes language 
limiting to $185,000,000 the funds available for reimbursement 
of management and operating contractor travel expenses. Of the 
$185,000,000, $175,000,000 is available for contractor travel 
and $10,000,000 is to be held in reserve by the Department's 
Chief Financial Officer for emergency travel requirements. The 
language also requires the Department of Energy to reimburse 
contractors for travel consistent with regulations applicable 
to Federal employees and specifies that the travel ceiling does 
not apply to travel funded from Laboratory Directed Research 
and Development funds.
      Sec. 308. The conference agreement includes language 
prohibiting the Bonneville Power Administration from performing 
energy efficiency services outside the legally defined 
Bonneville service territory.
      Sec. 309. The conference agreement includes language 
limiting the types of waste that can be disposed of in the 
Waste Isolation Pilot Plant in New Mexico. None of the funds 
may be used to dispose of transuranic waste in excess of 20 
percent plutonium by weight for the aggregate of any material 
category. At the Rocky Flats site, this provision includes ash 
residues; salt residues; wet residues; direct repackage 
residues; and scrub alloy as referenced in the ``Final 
Environmental Impact Statement on Management of Certain 
Plutonium Residues and Scrub Alloy Stored at the Rocky Flats 
Environmental Technology Site''.
      Sec. 310. The conference agreement includes language 
allowing the Administrator of the National Nuclear Security 
Administration to authorize certain nuclear weapons production 
plants to use not more than 2 percent of available funds for 
research, development and demonstration activities.
      Sec. 311. The conference agreement includes language 
allowing each Federal power marketing administration to engage 
in activities relating to the formation and operation of a 
regional transmission organization.
      Sec. 312. The conference agreement includes language that 
would permit the Secretary of Energy to use $10,000,000 of 
funds previously appropriated for interim waste storage 
activities for Defense Nuclear Waste Disposal upon receipt of 
written certification that the site recommendation report 
cannot be completed on time without additional funding.
      Sec. 313. The conference agreement includes language 
proposed by the Senate that would provide a three year term of 
office for the first person appointed to the position of the 
Under Secretary of Nuclear Security of the Department of 
Energy.
      Sec. 314. The conference agreement includes language 
proposed by the Senate limiting the authority of the Secretary 
of Energy to modify the organization of the National Nuclear 
Security Administration.
      Sec. 315. The conference agreement includes language 
proposed by the Senate prohibiting the pay of personnel engaged 
in concurrent service or duties inside and outside the National 
Nuclear Security Administration.
      Report on impacts of limits on on-site storage.--The 
conference agreement does not include statutory language 
proposed by the Senate, but the conferees direct that not later 
than 90 days after enactment of the fiscal year 2001 Energy and 
Water Development Appropriations Act, the Secretary of Energy 
shall submit to Congress a report containing a description of 
all alternatives that are available to the Northern States 
Power Company and the Federal government to allow the company 
to continue to operate the Prairie Island nuclear generating 
plant until the end of the term of the license issued to the 
company by the Nuclear Regulatory Commission, in view of a law 
of the State of Minnesota that limits the quantity of spent 
nuclear fuel that may be stored at the plant, assuming that the 
existing Federal and State laws remain unchanged.
      Report on electricity prices.--The conferees note that 
California is currently experiencing an energy crisis. 
Wholesale electricity prices have soared, resulting in 
electrical bills that have increased by as much as 300 percent 
in the San Diego area. Conferees understand that the staff of 
the Federal Energy Regulatory Commission is currently 
investigating the crisis. The Commission is directed to submit 
to Congress a report on the results of the investigation no 
later than December 1, 2000. The report shall include 
identification of the causes of the San Diego price increases, 
a determination whether California wholesale electricity 
markets are competitive, a recommendation whether a regional 
price cap should be set in the Western States, a determination 
whether manipulation of prices has occurred at the wholesale 
level, and a determination of remedies, including legislation 
or regulations, that are necessary to correct the problem and 
prevent similar incidents in California and elsewhere in the 
United States.
      Provisions not adopted by the conferees.--The conference 
agreement deletes language proposed by the House and Senate 
prohibiting the use of funds for contracts modified in a manner 
that deviates from the Federal Acquisition Regulation.
      The conference agreement deletes language proposed by the 
Senate allowing the Secretary of Energy to enter into multiyear 
contracts without obligating the estimated costs.
      The conference agreement deletes language proposed by the 
Senate requiring the Department of Energy's laboratories to 
provide an annual funding plan to the Department.
      The conference agreement deletes language proposed by the 
House prohibiting the payment of Federal salaries in the 
working capital fund.
      The conference agreement deletes language proposed by the 
Senate prohibiting the expenditure of funds to establish or 
maintain independent centers at Department of Energy 
laboratories or facilities. The conference agreement includes 
report language requiring the Department to identify these 
centers in the budget request.
      The conference agreement deletes language proposed by the 
House requiring a report on activities of the executive branch 
to address high gasoline prices and develop an overall national 
energy strategy.
      The conference agreement deletes language proposed by the 
Senate prohibiting the expenditure of funds to restart the High 
Flux Beam Reactor.
      The conference agreement deletes language proposed by the 
Senate limiting the inclusion of costs of protecting fish and 
wildlife within the rates charged by the Bonneville Power 
Administration.
      The conference agreement deletes language proposed by the 
Senate limiting the cost of construction of the National 
Ignition Facility.
      The conference agreement deletes language proposed by the 
Senate requiring an evaluation of innovative technologies for 
demilitarization of weapons components and treatment of 
hazardous waste.
      The conference agreement deletes language proposed by the 
Senate requiring a report on national energy policy.
      The conference agreement deletes language proposed by the 
Senate noting concern with the House provision on limiting 
funds for worker and community transition.
      The conference agreement deletes language proposed by the 
Senate requiring a report on the impact of State-imposed limits 
on spent nuclear fuel storage. This requirement has been 
included in report language.
      The conference agreement deletes language proposed by the 
Senate limiting the use of funds to promote or advertise public 
tours at Yucca Mountain. This requirement has been included in 
report language.

                       Conference Recommendations

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



                                TITLE IV

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

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

                Defense Nuclear Facilities Safety Board

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

                        Delta Regional Authority

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

                           Denali Commission

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

                     Nuclear Regulatory Commission

                         salaries and expenses

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

                      office of inspector general

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

                  Nuclear Waste Technical Review Board

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

                           GENERAL PROVISIONS

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

                                TITLE V

               FISCAL YEAR 2001 EMERGENCY APPROPRIATIONS

                          DEPARTMENT OF ENERGY

                    Atomic Energy Defense Activities

                      cerro grande fire activities

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

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

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

                                TITLE VI

                           GENERAL PROVISIONS

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

                               TITLE VII

                       DEPARTMENT OF THE TREASURY

                       Bureau of the Public Debt

      gifts to the united states for reduction of the public debt

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

                               TITLE VIII

                     Nuclear Regulatory Commission

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

                   Conference Total--With Comparisons

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

                        (In thousands of dollars)

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

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

                                 Managers on the Part of the House.

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

                                Managers on the Part of the Senate.

                                

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