[Congressional Record Volume 147, Number 147 (Tuesday, October 30, 2001)]
[House]
[Pages H7418-H7512]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 2320
CONFERENCE REPORT ON H.R. 2311, ENERGY AND WATER DEVELOPMENT
APPROPRIATIONS ACT, 2002
Mr. CALLAHAN submitted the following conference report and statement
on the bill (H.R. 2311) making appropriations for energy and water
development for the fiscal year ending September 30, 2002, and for
other purposes:
Conference Report (H. Rept. 107-258)
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R.
2311) ``making appropriations for energy and water
development for the fiscal year ending September 30, 2002,
and for other purposes'', having met, after full and free
conference, have agreed to recommend and do recommend to
their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate, and agree to the same with an
amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert:
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2002, for energy and water development,
and for other purposes, namely:
TITLE I
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the
direction of the Secretary of the Army and the supervision of
the Chief of Engineers for authorized civil functions of the
Department of the Army pertaining to rivers and harbors,
flood control, beach erosion, and related purposes.
General Investigations
For expenses necessary for the collection and study of
basic information pertaining to river and harbor, flood
control, shore protection, and related projects, restudy of
authorized projects, miscellaneous investigations, and, when
authorized by laws, surveys and detailed studies and plans
and specifications of projects prior to construction,
$154,350,000, to remain available until expended: Provided,
That the Secretary of the Army, acting through the Chief of
Engineers, is directed to use funds appropriated herein to
continue preconstruction engineering and design of the
Murrieta Creek, California, flood protection and
environmental enhancement project and is further directed to
continue with the project in accordance with cost sharing
established for the Murrieta Creek project in Public Law 106-
377: Provided further, That the Secretary of the Army, acting
through the Chief of Engineers, is directed to use the
feasibility report prepared under the authority of section
205 of the Flood Control Act of 1948, as amended, as the
basis for the Rock Creek-Keefer Slough Flood Control Project,
Butte County, California, and is further directed to use
funds appropriated herein for preconstruction engineering and
design of the project: Provided further, That in conducting
the Southwest Valley Flood Damage Reduction Study,
Albuquerque, New Mexico, the Secretary of the Army, acting
through the Chief of Engineers, shall include an evaluation
of flood damage reduction measures that would otherwise be
excluded from the feasibility analysis based on policies
regarding the frequency of flooding, the drainage areas, and
the amount of runoff: Provided further, That the Secretary of
the Army, acting through the Chief of Engineers, is directed
to conduct studies for flood damage reduction, environmental
protection, environmental restoration, water supply, water
quality, and other purposes in Tuscaloosa County, Alabama,
and shall provide a comprehensive plan for the development,
conservation, disposal, and utilization of water and related
land resources, for flood damage reduction and allied
purposes, including the determination of the need for a
reservoir to satisfy municipal and industrial water supply
needs: Provided further, That using $1,000,000 of the funds
provided herein, the Secretary of the Army, acting through
the Chief of Engineers, is directed to conduct a
comprehensive watershed study at full Federal expense to
provide a framework for implementing activities to improve
environmental quality of the Lake Tahoe Basin and the
Secretary shall submit a feasibility level report within 30
months of enactment of this Act: Provided further, That
Appendix D, Chapter 5 of Public Law 106-554 is amended in the
last sentence under the subheading titled ``General
Investigations'' by striking ``a cost shared feasibility
study of'' and inserting ``planning, engineering and design
activities for''.
Construction, General
For the prosecution of river and harbor, flood control,
shore protection, and related projects authorized by laws;
and detailed studies, and plans and specifications, of
projects (including those for development with participation
or under consideration for participation by States, local
governments, or private groups) authorized or made eligible
for selection by law (but such studies shall not constitute a
commitment of the Government to construction),
$1,715,951,000, to remain available until expended, of which
such sums as are necessary for the Federal share of
construction costs for facilities under the Dredged Material
Disposal Facilities program shall be derived from the Harbor
Maintenance Trust Fund, as authorized by Public Law 104-303;
and of which such sums as are necessary pursuant to Public
Law 99-662 shall be derived from the Inland Waterways Trust
Fund, for one-half of the costs of construction and
rehabilitation of inland waterways projects, including
rehabilitation costs for the Lock and Dam 11, Mississippi
River, Iowa; Lock and Dam 12, Mississippi River, Iowa; Lock
and Dam 24, Mississippi River, Illinois and Missouri; Lock
and Dam 3, Mississippi River, Minnesota; and London Locks and
Dam, Kanawha River, West Virginia, projects; and of which
funds are provided for the following projects in the amounts
specified:
San Timoteo Creek (Santa Ana River Mainstem), California,
$8,000,000;
Indianapolis Central Waterfront, Indiana, $9,000,000;
Southern and Eastern Kentucky, Kentucky, $4,000,000;
Clover Fork, City of Cumberland, Town of Martin, Pike
County (including Levisa Fork and Tug Fork Tributaries), Bell
County, Floyd County, Martin County, and Harlan County,
Kentucky, elements of the Levisa and Tug Forks of the Big
Sandy River and Upper Cumberland River, Kentucky,
$15,450,000; and
Lower Mingo County (Kermit), Upper Mingo County (including
County Tributaries), Wayne County, and McDowell County, West
Virginia, elements of the Levisa and Tug Forks of the Big
Sandy River and Upper Cumberland River project, $5,900,000:
Provided, That using $1,000,000 of the funds appropriated
herein, the Secretary of the Army, acting through the Chief
of Engineers, is directed to modify the Carr Creek Lake,
Kentucky, project at full Federal expense to provide
additional water supply storage for the Upper Kentucky River
Basin: Provided further, That with $1,200,000 of the funds
appropriated herein, the Secretary of the Army, acting
through the Chief of Engineers, is directed to undertake
design deficiency repairs to the Bois Brule Drainage and
Levee District, Missouri, project, authorized and constructed
under the authority of the Flood Control Act of 1936 with
cost sharing consistent with the original project
authorization: Provided further, That in accordance with
section 332 of the Water Resources Development Act of 1999,
the Secretary of the Army is directed to increase the
authorized level of protection of the Bois Brule Drainage and
Levee District, Missouri, project from 50 years to 100 years
using $700,000 of the funds appropriated herein, and the
project costs allocated to the incremental increase in the
level of protection shall be cost shared consistent with
section 103(a) of the Water Resources Development Act of
1986, notwithstanding section 202(a) of the Water Resources
Development Act of 1996: Provided further, That using
$200,000 of the funds provided herein, the Secretary of the
Army, acting through the Chief of Engineers, is directed to
conduct, at full Federal expense, technical studies of
individual ditch systems identified by the State of Hawaii,
and to assist the State in diversification by helping to
define the cost of repairing and maintaining selected ditch
systems: Provided further, That the Secretary of the Army,
acting through the Chief of Engineers, is directed to use
$1,300,000 of the funds appropriated herein to continue
construction of the navigation project at Kaumalapau Harbor,
Hawaii: Provided further, That with $800,000 of the funds
provided herein, the Secretary of the Army, acting through
the Chief of Engineers, is directed to continue preparation
of a General Reevaluation Report of the Oak Island, Caswell
Beach, and Holden Beach segments of the Brunswick County
Beaches project in North Carolina: Provided further, That the
Secretary of the Army, acting through the Chief of Engineers,
is directed to use $500,000 to undertake the Bowie County
Levee Project, which is defined as Alternative B Local
Sponsor Option, in the Corps of Engineers document entitled
Bowie County Local Flood Protection, Red River, Texas,
Project Design Memorandum No. 1, Bowie County Levee, dated
April 1997: Provided further, That the Secretary of the Army
is directed to use $4,000,000 of the funds provided herein
for the Dam Safety and Seepage/Stability Correction Program
to continue construction of seepage control features at
Waterbury Dam, Vermont: Provided further, That the
Secretary of the Army, acting through the Chief of
Engineers, using up to $200,000 of the funds provided
herein, is directed to complete the Aloha-Rigolette,
Louisiana, project at full Federal expense: Provided
further, That using $500,000 of the funds provided herein,
the Secretary of the Army, acting through the Chief of
Engineers, is directed to proceed with the Shoalwater Bay
Shoreline, Washington, project: Provided further, That all
studies for the Shoalwater Bay Shoreline project shall be
cost shared in the same proportion as the construction
implementation costs: Provided further, That using
$2,500,000 of the funds provided herein, the Secretary of
the Army, acting through the Chief of Engineers, is
directed to proceed with a final design and initiate
construction for the repair and replacement of the
Jicarilla Municipal Water System in the town of Dulce, New
Mexico: Provided further, That using $750,000 of the funds
provided herein, the Secretary of the Army, acting through
the Chief of Engineers, is directed to proceed with the
Missouri river Restoration Project and that erosion
control measures implemented shall be primarily through
nonstructural
[[Page H7419]]
means such as planting of native vegetation, buffer
strips, conservation easements, setbacks, and agricultural
best management practices: Provided further, That with
$10,000,000 of the funds provided herein, the Secretary of
the Army, acting through the Chief of Engineers, is
directed to construct the Dallas Floodway Extension,
Texas, project, including the Cadillac Heights feature,
generally in accordance with the Chief of Engineers report
dated December 7, 1999: Provided further, That the
deadline for the report required under section 154(g) of
Public Law 106-554 is extended to December 31, 2002:
Provided further, That the Secretary of the Army, acting
through the Chief of Engineers, is directed to use
unexpended funds appropriated in Public Law 105-62, under
the heading Construction, General for Salyersville,
Kentucky, to construct additional recreation improvements
at the Buckhorn Lake, Kentucky, project: Provided further,
That using $1,000,000 of the funds provided herein, the
Secretary of the Army, acting through the Chief of
Engineers, is directed to initiate construction on the
Seward Harbor, Alaska, project in accordance with the
Report of the Chief of Engineers dated June 8, 1999 and
the economic justification contained therein: Provided
further, That the Secretary of the Army, acting through
the Chief of Engineers, is directed to use up to $900,000
of funds previously appropriated to reimburse the City of
Venice, Florida, for the costs incurred by the City prior
to October 1998 for work accomplished by the City related
to the relocation of the stormwater outfalls and the
construction of the artificial reef that comprises an
integral part of the project for beach nourishment, in
Sarasota County, Florida: Provided further, That the
Secretary of the Army, acting through the Chief of
Engineers, is directed to use funds appropriated herein,
for emergency bank stabilization measures at Lakeshore
Park in Knoxville, Tennessee: Provided further, That the
Secretary of the Army, acting through the Chief of
Engineers, is directed to continue the Dickenson County
Detailed Project Report as generally defined in Plan 4 of
the Huntington District Engineer's Draft Supplement to the
Section 202 General Plan for Flood Damage Reduction dated
April 1997, including all Russell Fork tributary streams
within the County and special considerations as may be
appropriate to address the unique relocations and
resettlement needs for the flood prone communities within
the County: Provided further, That, with respect to the
environmental infrastructure project in Lebanon, New
Hampshire, for which funds are made available under this
heading, the non-Federal interest shall receive credit
toward the non-Federal share of the cost of the project
for work performed before the date of execution of the
project cooperation agreement, if the Secretary determines
the work is integral to the project: Provided further,
That, for the Raritan River Basin, Green Brook Sub-Basin,
New Jersey, project, the Secretary of the Army, acting
through the Chief of Engineers, is directed to implement
the locally preferred plan for the element in the western
portion of Middlesex Borough, New Jersey, which includes
the buyout of up to 22 homes, the flood proofing of four
commercial buildings along Prospect Place and Union
Avenue, and the buyout of up to three commercial buildings
along Raritan and Lincoln Avenues, at a total estimated
cost of $15,000,000, with an estimated Federal cost of
$11,500,000 and an estimated non-Federal cost of
$3,500,000.
Flood Control, Mississippi River and Tributaries, Arkansas, Illinois,
Kentucky, Louisiana, Mississippi, Missouri, and Tennessee
For expenses necessary for prosecuting work of flood
control, rescue work, repair, restoration, or maintenance of
flood control projects threatened or destroyed by flood, as
authorized by law (33 U.S.C. 702a and 702g-1), $345,992,000,
to remain available until expended: Provided, That, the
Secretary of the Army, acting through the Chief of Engineers,
is directed to convey to the Board of Mississippi Levee
Commissioners any and all fee owned real property interests
deemed excess to Army needs for disposal by the U.S. Army
Corps of Engineers at its Casting Plant and its Bank Grading
and Mat Loading Fleeting Area located in Greenville,
Mississippi. This real property shall be used by the Board of
Mississippi Levee Commissioners for the operation and
maintenance of the Mississippi River and Tributaries Project
as it deems necessary.
Operation and Maintenance, General
For expenses necessary for the preservation, operation,
maintenance, and care of existing river and harbor, flood
control, and related works, including such sums as may be
necessary for the maintenance of harbor channels provided by
a State, municipality or other public agency, outside of
harbor lines, and serving essential needs of general commerce
and navigation; surveys and charting of northern and
northwestern lakes and connecting waters; clearing and
straightening channels; and removal of obstructions to
navigation, $1,874,803,000, to remain available until
expended, of which such sums as become available in the
Harbor Maintenance Trust Fund, pursuant to Public Law 99-662,
may be derived from that Fund, and of which such sums as
become available from the special account established by the
Land and Water Conservation Act of 1965, as amended (16
U.S.C. 460l), may be derived from that account for
construction, operation, and maintenance of outdoor
recreation facilities: Provided, That the Secretary of the
Army, acting through the Chief of Engineers, is directed,
within funds available for the Mobile Harbor, Alabama,
project, to remove, transport, dispose, and remediate
contaminated sediments in and adjacent to the Federal
navigation projects for the Arlington Channel and the Garrows
Bend Channel at Federal expense, and a non-Federal sponsor
shall provide all necessary lands, easements, rights-of-way,
and relocations that may be required for the disposal of
dredged material: Provided further, That using funds
appropriated herein, the Secretary of the Army, acting
through the Chief of Engineers, is directed to perform
cultural resource mitigation and recreation improvements at
Waco Lake, Texas, at full Federal expense notwithstanding the
provisions of the Water Supply Act of 1958: Provided further,
That the Secretary of the Army, acting through the Chief of
Engineers, is directed to use funds appropriated herein to
grade the basin within the Hansen Dam feature of the Los
Angeles County Drainage Area, California, project to enhance
and maintain flood capacity and to provide for future use of
the basin for compatible purposes consistent with the Master
Plan, including recreation and environmental restoration:
Provided further, That the Secretary of the Army, acting
through the Chief of Engineers, is directed to use funds
appropriated herein to fully investigate the development of
an upland disposal site recycling program on the Black
Warrior and Tombigbee Rivers, Alabama-Coosa Rivers, and the
Mobile River projects: Provided further, That of funds
appropriated herein for the Intracoastal Waterway, Delaware
River to Chesapeake Bay, Delaware and Maryland, the Secretary
of the Army, acting through the Chief of Engineers, is
directed to reimburse the State of Delaware for normal
operation and maintenance costs incurred by the State of
Delaware for the SR1 Bridge from station 58+00 to station
293+00 between May 12, 1997 and September 30, 2002.
Reimbursement costs shall not exceed $1,277,000: Provided
further, That the Secretary of the Army, acting through the
Chief of Engineers, is directed to use funds appropriated
herein to remove and reinstall the docks and causeway, in
kind, and continue breakwater repairs at Astoria East Boat
Basin, Oregon: Provided further, That using funds
appropriated herein, the Secretary of the Army, acting
through the Chief of Engineers, is directed to dredge a
channel from the mouth of Wheeling Creek to Tunnel Green Park
in Wheeling, West Virginia: Provided further, That the
project for the Apalachicola, Chattahoochee, and Flint Rivers
Navigation, authorized by section 2 of the River and Harbor
Act of March 2, 1945 (Public Law 79-14) and modified by the
first section of the River and Harbor Act of 1946 (60 Stat.
635, chapter 595), is modified to authorize the Secretary, as
part of navigation maintenance activities, to develop and
implement a plan to be integrated into the long-term dredged
material management plan being developed for the Corley
Slough reach, as required by conditions of the State of
Florida water quality certification, for periodically
removing sandy dredged material from the disposal area
known as Site 40, located at mile 36.5 of the Apalachicola
River, and from other disposal sites that the Secretary
may determine to be needed for the purpose of reuse of the
disposal areas, by transporting and depositing the sand
for environmentally acceptable beneficial uses in coastal
areas of Florida to be determined in coordination with the
State of Florida: Provided further, That the Secretary is
authorized to acquire all lands, easements, and rights-of-
way that may be determined by the Secretary, in
consultation with the affected State, to be required for
dredged material disposal areas to implement a long-term
dredge material management plan: Provided further, That
the long-term management plan shall be developed in
coordination with the State of Florida no later than 2
years from the date of enactment of this Act: Provided
further, That, of the funds provided herein, $4,900,000
shall be made available for these purposes and $8,000,000
shall be made available for normal operation and
maintenance of the Apalachicola, Chattahoochee, and Flint
Rivers navigation project.
Flood Control and Coastal Emergencies
(RESCISSION)
Of the funds made available under this heading in Public
Law 107-20, $25,000,000 are hereby rescinded.
Regulatory Program
For expenses necessary for administration of laws
pertaining to regulation of navigable waters and wetlands,
$127,000,000, to remain available until expended.
Formerly Utilized Sites Remedial Action Program
For expenses necessary to clean up contamination from sites
throughout the United States resulting from work performed as
part of the Nation's early atomic energy program,
$140,000,000, to remain available until expended.
General Expenses
For expenses necessary for general administration and
related functions in the Office of the Chief of Engineers and
offices of the Division Engineers, activities of the
Humphreys Engineer Center Support Activity, the Institute for
Water Resources, and headquarters support functions at the
USACE Finance Center, $153,000,000, to remain available until
expended: Provided, That no part of any other appropriation
provided in title I of this Act shall be available to fund
the activities of the Office of the Chief of Engineers or the
executive direction and management activities of the division
offices: Provided further, That none of these funds shall be
available to support an office of congressional affairs
within the executive office of the Chief of Engineers.
Administrative Provisions
Appropriations in this title shall be available for
official reception and representation expenses (not to exceed
$5,000); and during the current fiscal year the Revolving
Fund, Corps of Engineers, shall be available for purchase
(not to exceed 100 for replacement only) and hire of
passenger motor vehicles.
[[Page H7420]]
GENERAL PROVISIONS
Corps of Engineers--Civil
Sec. 101. (a) Conveyance Authorized.--The Secretary of the
Army shall convey to the Blue Township Fire District, Blue
Township, Kansas, by quitclaim deed and without
consideration, all right, title, and interest of the United
States in and to a parcel of land consisting of approximately
4.35 acres located in Pottawatomie County, Tuttle Creek Lake,
Kansas.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary.
(c) Reversion.--If the Secretary determines that the
property conveyed under subsection (a) ceases to be held in
public ownership or to be used as a site for a fire station,
all right, title, and interest in and to the property shall
revert to the United States, at the option of the United
States.
Sec. 102. For those shore protection projects funded in
this Act which have Project Cooperation Agreements in place,
the Secretary of the Army is directed to proceed with those
projects in accordance with the cost sharing specified in the
Project Cooperation Agreement: Provided, That the Secretary
of the Army shall not accept or solicit non-Federal voluntary
contributions for shore protection work in excess of the
minimum requirements established by law; except that, when
voluntary contributions are tendered by a non-Federal sponsor
for the prosecution of work outside the authorized scope of
the Federal project at full non-Federal expense, the
Secretary is authorized to accept said contributions.
Sec. 103. Agreements proposed for execution by the
Assistant Secretary of the Army for Civil Works or the United
States Army Corps of Engineers after the date of the
enactment of this Act pursuant to section 4 of the Rivers and
Harbor Act of 1915, Public Law 64-291; section 11 of the
River and Harbor Act of 1925, Public Law 68-585; the Civil
Functions Appropriations Act, 1936, Public Law 75-208;
section 215 of the Flood Control Act of 1968, as amended,
Public Law 90-483; sections 104, 203, and 204 of the Water
Resources Development Act of 1986, as amended, Public Law
99-662; section 206 of the Water Resources Development Act
of 1992, as amended, Public Law 102-580; section 211 of
the Water Resources Development Act of 1996, Public Law
104-303; and any other specific project authority, shall
be limited to credits and reimbursements per project not
to exceed $10,000,000 in each fiscal year, and total
credits and reimbursements for all applicable projects not
to exceed $50,000,000 in each fiscal year.
Sec. 104. St. Georges Bridge, Delaware. None of the funds
made available in this Act may be used to carry out any
activity relating to closure or removal of the St. Georges
Bridge across the Intracoastal Waterway, Delaware River to
Chesapeake Bay, Delaware and Maryland, including a hearing or
any other activity relating to preparation of an
environmental impact statement concerning the closure or
removal.
Sec. 105. The non-Federal interest shall receive credit
towards the lands, easements, relocations, rights-of-way, and
disposal areas required for the Lava Hot Springs restoration
project in Idaho, and acquired by the non-Federal interest
before execution of the project cooperation agreement:
Provided, That the Secretary shall provide credit for work
only if the Secretary determines such work to be integral to
the project.
Sec. 106. Guadalupe River, California. The project for
flood control, Guadalupe River, California, authorized by
section 401 of the Water Resources Development Act of 1986,
and the Energy and Water Development Appropriation Acts of
1990 and 1992, is modified to authorize the Secretary to
construct the project substantially in accordance with the
General Reevaluation and Environmental Report for Proposed
Project Modifications, dated February 2001, at a total cost
of $226,800,000, with an estimated Federal cost of
$128,700,000, and estimated non-Federal cost of $98,100,000.
Sec. 107. Designation of Nonnavigability for Portions of
Gloucester County, New Jersey. (a) Designation.--
(1) In general.--The Secretary of the Army (referred to in
section as the ``Secretary'') shall designate as nonnavigable
the areas described in paragraph (3) unless the Secretary,
after consultation with local and regional public officials
(including local and regional planning organizations), makes
a determination that 1 or more projects proposed to be
carried out in 1 or more areas described in paragraph (2) are
not in the public interest.
(2) Description of areas.--The areas referred to in
paragraph (1) are certain parcels of property situated in the
West Deptford Township, Gloucester County, New Jersey, as
depicted on Tax Assessment Map #26, Block #328, Lots #1,
1.03, 1.08, and 1.09, more fully described as follows:
(A) Beginning at the point in the easterly line of Church
Street (49.50 feet wide), said beginning point being the
following 2 courses from the intersection of the centerline
of Church Street with the curved northerly right-of-way line
of Pennsylvania-Reading Seashore Lines Railroad (66.00 feet
wide)--
(i) along said centerline of Church Street N. 11 deg.28'50"
E. 38.56 feet; thence
(ii) along the same N. 61 deg.28'35" E. 32.31 feet to the
point of beginning.
(B) Said beginning point also being the end of the
thirteenth course and from said beginning point runs; thence,
along the aformentioned Easterly line of Church Street--
(i) N. 11 deg.28'50" E. 1052.14 feet; thence
(ii) crossing Church Street, N. 34 deg.19'51" W. 1590.16
feet; thence
(iii) N. 27 deg.56'37" W. 3674.36 feet; thence
(iv) N. 35 deg.33'54" W. 975.59 feet; thence
(v) N. 57 deg.04'39" W. 481.04 feet; thence
(vi) N. 36 deg.22'55" W. 870.00 feet to a point in the
Pierhead and Bulkhead Line along the Southeasterly shore of
the Delaware River; thence
(vii) along the same line N. 53 deg.37'05" E. 1256.19 feet;
thence
(viii) still along the same, N. 86 deg.10'29" E. 1692.61
feet; thence, still along the same the following thirteenth
courses
(ix) S. 67 deg.44'20" E. 1090.00 feet to a point in the
Pierhead and Bulkhead Line along the Southwesterly shore of
Woodbury Creek; thence
(x) S. 39 deg.44'20'' E. 507.10 feet; thence
(xi) S. 31 deg.01'38'' E. 1062.95 feet; thence
(xii) S. 34 deg.34'20'' E. 475.00 feet; thence
(xiii) S. 32 deg.20'28'' E. 254.18 feet; thence
(xiv) S. 52 deg.55'49'' E. 964.95 feet; thence
(xv) S. 56 deg.24'40'' E. 366.60 feet; thence
(xvi) S. 80 deg.31'50'' E. 100.51 feet; thence
(xvii) N. 75 deg.30'00'' E. 120.00 feet; thence
(xviii) N. 53 deg.09'00'' E. 486.50 feet; thence
(xix) N. 81 deg.18'00'' E. 132.00 feet; thence
(xx) S. 56 deg.35'00'' E. 115.11 feet; thence
(xxi) S. 42 deg.00'00'' E. 271.00 feet; thence
(xxii) S. 48 deg.30'00'' E. 287.13 feet to a point in the
Northwesterly line of Grove Avenue (59.75 feet wide); thence
(xxiii) S. 23 deg.09'50'' W. 4120.49 feet; thence
(xxiv) N. 66 deg.50'10'' W. 251.78 feet; thence
(xxv) S. 36 deg.05'20'' E. 228.64 feet; thence
(xxvi) S. 58 deg.53'00'' W. 1158.36 feet to a point in the
Southwesterly line of said River Lane; thence
(xxvii) S. 41 deg.31'35'' E. 113.50 feet; thence
(xxviii) S. 61 deg.28'35'' W. 863.52 feet to the point of
beginning.
(C)(i) Except as provided in clause (ii), beginning at a
point in the centerline of Church Street (49.50 feet wide)
where the same is intersected by the curved northerly line of
Pennsylvania-Reading Seashore Lines Railroad right-of-way
(66.00 feet wide), along that Railroad, on a curve to the
left, having a radius of 1465.69 feet, an arc distance of
1132.14 feet--
(I) N. 88 deg.45'47'' W. 1104.21 feet; thence
(II) S. 69 deg.06'30'' W. 1758.95 feet; thence
(III) N. 23 deg.04'43'' W. 600.19 feet; thence
(IV) N. 19 deg.15'32'' W. 3004.57 feet; thence
(V) N. 44 deg.52'41'' W. 897.74 feet; thence
(VI) N. 32 deg.26'05'' W. 2765.99 feet to a point in the
Pierhead and Bulkhead Line along the Southeasterly shore of
the Delaware River; thence
(VII) N. 53 deg.37'05'' E. 2770.00 feet; thence
(VIII) S. 36 deg.22'55'' E. 870.00 feet; thence
(IX) S. 57 deg.04'39'' E. 481.04 feet; thence
(X) S. 35 deg.33'54'' E. 975.59 feet; thence
(XI) S. 27 deg.56'37'' E. 3674.36 feet; thence
(XII) crossing Church Street, S. 34 deg.19'51'' E. 1590.16
feet to a point in the easterly line of Church Street; thence
(XIII) S. 11 deg.28'50'' W. 1052.14 feet; thence
(XIV) S. 61 deg.28'35'' W. 32.31 feet; thence
(XV) S. 11 deg.28'50'' W. 38.56 feet to the point of
beginning.
(ii) The parcel described in clause (i) does not include
the parcel beginning at the point in the centerline of Church
Street (49.50 feet wide), that point being N. 11 deg.28'50''
E. 796.36 feet, measured along the centerline, from its
intersection with the curved northerly right-of-way line of
Pennsylvania-Reading Seashore Lines Railroad (66.00 feet
wide)--
(I) N. 78 deg.27'40'' W. 118.47 feet; thence
(II) N. 15 deg.48'40'' W. 120.51 feet; thence
(III) N. 77 deg.53'00'' E 189.58 feet to a point in the
centerline of Church Street; thence
(IV) S. 11 deg.28'50'' W. 183.10 feet to the point of
beginning.
(b) Limits on Applicability; Regulatory Requirements.--
(1) In general.--The designation under subsection (a)(1)
shall apply to those parts of the areas described in
subsection (a) that are or will be bulkheaded and filled or
otherwise occupied by permanent structures, including marina
facilities.
(2) Applicable law.--All activities described in paragraph
(1) shall be subject to all applicable Federal law,
including--
(A) the Act of March 3, 1899 (30 Stat. 1121, chapter 425);
(B) section 404 of the Federal Water Pollution Control Act
(33 U.S.C. 1344); and
(C) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(c) Termination of Designation.--If, on the date that is 20
years after the date of enactment of this Act, any area or
portion of an area described in subsection (a)(3) is not
bulkheaded, filled, or otherwise occupied by permanent
structures (including marina facilities) in accordance with
subsection (b), or if work in connection with any activity
authorized under subsection (b) is not commenced by the date
that is 5 years after the date on which permits for the work
are issued, the designation of nonnavigability under
subsection (a)(1) for that area or portion of an area shall
terminate.
Sec. 108. Nome Harbor Technical Corrections. Section
101(a)(1) of Public Law 106-53 (the Water Resources
Development Act of 1999) is amended by--
(1) striking ``$25,651,000'' and inserting in its place
``$39,000,000''; and
(2) striking ``$20,192,000'' and inserting in its place
``$33,541,000''.
Sec. 109. Section 211 of the Water Resources Development
Act of 2000, Public Law 106-541, is amended by adding the
following language at the end of subsection (d):
``(e) Engineering Research and Development Center.--The
Engineering Research and Development Center is exempt from
the requirements of this section.''.
Sec. 110. Section 514(g) of the Water Resources Development
Act of 1999, Public Law 106-53, is amended by striking
``fiscal years 2000 and 2001'' and inserting in lieu thereof
``fiscal years 2000 through 2002''.
[[Page H7421]]
Sec. 111. The Secretary of the Army, acting through the
Chief of Engineers, is directed to modify the pump station
intake structure and discharge line to preclude ice from
interfering with pump operations at Fort Fairfield, Maine,
flood control project: Provided, That all design and
construction costs associated with the modifications of the
Fort Fairfield, Maine, project shall be at Federal expense.
Sec. 112. Cerrillos Dam, Puerto Rico. The Secretary of the
Army shall reassess the allocation of Federal and non-Federal
costs for construction of the Cerrillos Dam, carried out as
part of the project for flood control, Portugues and Bucana
Rivers, Puerto Rico.
Sec. 113. Study of Corps Capability to Conserve Fish and
Wildlife. Section 704(b) of the Water Resources Development
Act of 1986 (33 U.S.C. 2263(b)) is amended--
(1) by redesignating paragraphs (1), (2), (3), and (4) as
subparagraphs (A), (B), (C), and (D), respectively;
(2) by striking ``(b) The Secretary'' and inserting the
following:
``(b) Projects.--
``(1) In general.--The Secretary''; and
(3) by striking ``The non-Federal share of the cost of any
project under this section shall be 25 percent.'' and
inserting the following:
``(2) Cost sharing.--
``(A) In general.--The non-Federal share of the cost of any
project under this subsection shall be 25 percent.
``(B) Form.--The non-Federal share may be provided through
in-kind services, including the provision by the non-Federal
interest of shell stock material that is determined by the
Chief of Engineers to be suitable for use in carrying out the
project.
``(C) Applicability.--The non-Federal interest shall be
credited with the value of in-kind services provided on or
after October 1, 2000, for a project described in paragraph
(1) completed on or after that date, if the Secretary
determines that the work is integral to the project.''.
Sec. 114. The flood control project for the Ramapo River at
Oakland, New Jersey, authorized by section 401(a) of the
Water Resources Development Act of 1986, Public Law 99-662,
as amended by section 301(a)(9) of the Water Resources
Development Act of 1996, Public Law 104-33, is modified to
authorize the Secretary of the Army, acting through the Chief
of Engineers, to construct the project at a total cost of
$18,000,000, with an estimated Federal cost of $13,500,000
and an estimated non-Federal cost of $4,500,000 less any
credits allowed under applicable laws.
Sec. 115. Except for the historic scheduled maintenance
dredging in the Delaware River, none of the funds
appropriated in this Act shall be used to operate the dredge
McFARLAND other than for urgent dredging, emergencies and in
support of national defense.
Sec. 116. The Secretary may not expend funds to accelerate
the schedule to finalize the Record of Decision for the
revision of the Missouri River Master Water Control Manual
and any associated changes to the Missouri River Annual
Operating Plan. During consideration of revisions to the
manual in fiscal year 2002, the Secretary may consider and
propose alternatives for achieving species recovery other
than the alternatives specifically prescribed by the United
States Fish and Wildlife Service in the biological opinion of
the Service. The Secretary shall consider the views of other
Federal agencies, non-Federal agencies, and individuals to
ensure that other congressionally authorized purposes are
maintained.
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For carrying out activities authorized by the Central Utah
Project Completion Act, $34,918,000, to remain available
until expended, of which $10,749,000 shall be deposited into
the Utah Reclamation Mitigation and Conservation Account for
use by the Utah Reclamation Mitigation and Conservation
Commission.
In addition, for necessary expenses incurred in carrying
out related responsibilities of the Secretary of the
Interior, $1,310,000, to remain available until expended.
Bureau of Reclamation
The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:
water and related resources
(including transfer of funds)
For management, development, and restoration of water and
related natural resources and for related activities,
including the operation, maintenance, and rehabilitation of
reclamation and other facilities, participation in fulfilling
related Federal responsibilities to Native Americans, and
related grants to, and cooperative and other agreements with,
State and local governments, Indian tribes, and others,
$762,531,000, to remain available until expended, of which
$14,649,000 shall be available for transfer to the Upper
Colorado River Basin Fund and $31,442,000 shall be available
for transfer to the Lower Colorado River Basin Development
Fund; of which such amounts as may be necessary may be
advanced to the Colorado River Dam Fund; of which $8,000,000
shall be for on-reservation water development, feasibility
studies, and related administrative costs under Public Law
106-163; and of which not more than $500,000 is for high
priority projects which shall be carried out by the Youth
Conservation Corps, as authorized by 16 U.S.C. 1706:
Provided, That such transfers may be increased or decreased
within the overall appropriation under this heading: Provided
further, That of the total appropriated, the amount for
program activities that can be financed by the Reclamation
Fund or the Bureau of Reclamation special fee account
established by 16 U.S.C. 460l-6a(i) shall be derived from
that Fund or account: Provided further, That funds
contributed under 43 U.S.C. 395 are available until expended
for the purposes for which contributed: Provided further,
That funds advanced under 43 U.S.C. 397a shall be credited to
this account and are available until expended for the same
purposes as the sums appropriated under this heading:
Provided further, That $12,000,000 of the funds appropriated
herein shall be deposited in the San Gabriel Basin
Restoration Fund established by section 110 of division B,
title I of Public Law 106-554, of which $1,000,000 shall be
for remediation in the Central Basin Municipal Water
District: Provided further, That funds available for
expenditure for the Departmental Irrigation Drainage Program
may be expended by the Bureau of Reclamation for site
remediation on a non-reimbursable basis: Provided further,
That section 301 of Public Law 102-250, Reclamation States
Emergency Drought Relief Act of 1991, as amended, is amended
further by inserting ``2001, and 2002'' in lieu of ``and
2001'': Provided further, That of such funds, not more than
$1,500,000 shall be available to the Secretary for completion
of a feasibility study for the Santa Fe-Pojoaque Regional
Water System, New Mexico: Provided further, That the study
shall be completed by September 30, 2002.
bureau of reclamation loan program account
For the cost of direct loans and/or grants, $7,215,000, to
remain available until expended, as authorized by the Small
Reclamation Projects Act of August 6, 1956, as amended (43
U.S.C. 422a-422l): Provided, That such costs, including the
cost of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974, as amended:
Provided further, That these funds are available to subsidize
gross obligations for the principal amount of direct loans
not to exceed $26,000,000.
In addition, for administrative expenses necessary to carry
out the program for direct loans and/or grants, $280,000, to
remain available until expended: Provided, That of the total
sums appropriated, the amount of program activities that can
be financed by the Reclamation Fund shall be derived from
that Fund.
central valley project restoration fund
For carrying out the programs, projects, plans, and habitat
restoration, improvement, and acquisition provisions of the
Central Valley Project Improvement Act, $55,039,000, to be
derived from such sums as may be collected in the Central
Valley Project Restoration Fund pursuant to sections 3407(d),
3404(c)(3), 3405(f ), and 3406(c)(1) of Public Law 102-575,
to remain available until expended: Provided, That the Bureau
of Reclamation is directed to assess and collect the full
amount of the additional mitigation and restoration payments
authorized by section 3407(d) of Public Law 102-575.
policy and administration
For necessary expenses of policy, administration, and
related functions in the office of the Commissioner, the
Denver office, and offices in the five regions of the Bureau
of Reclamation, to remain available until expended,
$52,968,000, to be derived from the Reclamation Fund and be
nonreimbursable as provided in 43 U.S.C. 377: Provided, That
no part of any other appropriation in this Act shall be
available for activities or functions budgeted as policy and
administration expenses.
administrative provision
Appropriations for the Bureau of Reclamation shall be
available for purchase of not to exceed four passenger motor
vehicles for replacement only.
GENERAL PROVISIONS
DEPARTMENT OF THE INTERIOR
Sec. 201. In order to increase opportunities for Indian
tribes to develop, manage, and protect their water resources,
the Secretary of the Interior, acting through the
Commissioner of the Bureau of Reclamation, is authorized to
enter into grants and cooperative agreements with any Indian
tribe, institution of higher education, national Indian
organization, or tribal organization pursuant to 31 U.S.C.
6301-6308. Nothing in this Act is intended to modify or limit
the provisions of the Indian Self Determination Act (25
U.S.C. 45 et seq.).
Sec. 202. San Gabriel Basin, California. (a) Administration
of Restoration Fund.--Section 110(a)(2) of the Miscellaneous
Appropriations Act, 2001 (as enacted into law by section
1(a)(4) of Public Law 106-554) is amended by striking ``the
Secretary of the Army'' and inserting ``the Secretary of the
Interior''.
(b) Purposes of Restoration Fund.--Section 110(a)(3)(A) of
such Act is amended by striking clauses (i) and (ii) and
inserting the following:
``(i) to provide grants to the San Gabriel Basin Water
Quality Authority and the Central Basin Municipal Water
District to reimburse such agencies for the Federal share of
the costs associated with designing and constructing water
quality projects to be administered by such agencies; and
``(ii) to provide grants to reimburse the San Gabriel Basin
Water Quality Authority and the Central Basin Municipal Water
District for the Federal share of the costs required to
operate any project constructed under this section for a
period not to exceed 10 years, following the initial date of
operation of the project.''.
(c) Cost-Sharing Limitation.--Section 110(a)(3)(B) of such
Act (114 Stat. 2763A-223) is amended by adding at the end the
following:
``(iii) Credits toward non-federal share.--For purposes of
clause (ii), the Secretary shall credit the San Gabriel Basin
Water Quality Authority with the value of all prior
expenditures by non-Federal interests made after February 11,
1993, that are compatible with the purposes of this section,
including--
[[Page H7422]]
``(I) all expenditures made by non-Federal interests to
design and construct water quality projects, including
expenditures associated with environmental analyses and
public involvement activities that were required to implement
the water quality projects in compliance with applicable
Federal and State laws; and
``(II) all expenditures made by non-Federal interests to
acquire lands, easements, rights-of-way, relocations,
disposal areas, and water rights that were required to
implement a water quality project.''.
Sec. 203. The Secretary of the Interior is authorized and
directed to use not to exceed $1,000,000 of the funds
appropriated under title II to refund amounts received by the
United States as payments for charges assessed by the
Secretary prior to January 1, 1994 for failure to file
certain certification or reporting forms prior to the receipt
of irrigation water, pursuant to sections 206 and 224(c) of
the Reclamation Reform Act of 1982 (43 U.S.C. 390ff,
390ww(c)), including the amount of associated interest
assessed by the Secretary and paid to the United States
pursuant to section 224(i) of the Reclamation Reform Act of
1982 (43 U.S.C. 390ww(i)).
Sec. 204. Lower Colorado River Basin Development Fund. (a)
In general.--Notwithstanding section 403(f) of the Colorado
River Basin Project Act (43 U.S.C. 1543(f)), no amount from
the Lower Colorado River Basin Development Fund shall be paid
to the general fund of the Treasury until each provision of
the Stipulation Regarding a Stay and for Ultimate Judgment
Upon the Satisfaction of Conditions, filed in United States
district court on May 3, 2000, in Central Arizona Water
Conservation District v. United States (No. CIV 95-625-TUC-
WDB (EHC), No. CIV 95-1720-OHX-EHC (Consolidated Action)) is
met.
(b) Payment to general fund.--If any of the provisions of
the stipulation referred to in subsection (a) are not met by
the date that is 3 years after the date of enactment of this
Act, payments to the general fund of the Treasury shall
resume in accordance with section 403(f) of the Colorado
River Basin Project Act (43 U.S.C. 1543(f)).
(c) Authorization.--Amounts in the Lower Colorado River
Basin Development Fund that but for this section would be
returned to the general fund of the Treasury shall not be
expended until further Act of Congress.
Sec. 205. (a) None of the funds appropriated or otherwise
made available by this Act may be used to determine the final
point of discharge for the interceptor drain for the San Luis
Unit until development by the Secretary of the Interior and
the State of California of a plan, which shall conform to the
water quality standards of the State of California as
approved by the Administrator of the Environmental Protection
Agency, to minimize any detrimental effect of the San Luis
drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program
and the costs of the San Joaquin Valley Drainage Program
shall be classified by the Secretary of the Interior as
reimbursable or nonreimbursable and collected until fully
repaid pursuant to the ``Cleanup Program--Alternative
Repayment Plan'' and the ``SJVDP--Alternative Repayment
Plan'' described in the report entitled ``Repayment Report,
Kesterson Reservoir Cleanup Program and San Joaquin Valley
Drainage Program, February 1995'', prepared by the Department
of the Interior, Bureau of Reclamation. Any future
obligations of funds by the United States relating to, or
providing for, drainage service or drainage studies for the
San Luis Unit shall be fully reimbursable by San Luis Unit
beneficiaries of such service or studies pursuant to Federal
reclamation law.
Sec. 206. The Secretary of the Interior, in accepting
payments for the reimbursable expenses incurred for the
replacement, repair, and extraordinary maintenance with
regard to the Valve Rehabilitation Project at the Arrowrock
Dam on the Arrowrock Division of the Boise Project in Idaho,
shall recover no more than $6,900,000 of such expenses
according to the application of the current formula for
charging users for reimbursable operation and maintenance
expenses at Bureau of Reclamation facilities on the Boise
Project, and shall recover this portion of such expenses over
a period of 15 years.
Sec. 207. None of the funds appropriated or otherwise made
available by this or any other Act may be used to pay the
salaries and expenses of personnel to purchase or lease water
in the Middle Rio Grande or the Carlsbad Projects in New
Mexico unless said purchase or lease is in compliance with
the purchase requirements of section 202 of Public Law 106-
60.
Sec. 208. None of the funds made available in this Act may
be used by the Bureau of Reclamation (either directly or by
making the funds available to an entity under a contract) for
the issuance of permits for, or any other activity related to
the management of, commercial rafting activities within the
Auburn State Recreation Area, California, until the
requirements of the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) and the Federal Water Pollution
Control Act (33 U.S.C. 12151 et seq.) are met with respect to
such commercial rafting activities.
Sec. 209. (a) Section 101(a)(6)(C) of the Water Resources
Development Act of 1999, Public Law 106-53, is amended to
read as follows:
``(C) Makeup of water shortages caused by flood control
operation.--
``(i) In general.--The Secretary of the Interior shall
enter into, or modify, such agreements with the Sacramento
Area Flood Control Agency regarding the operation of Folsom
Dam and Reservoir as may be necessary in order that,
notwithstanding any prior agreement or provision of law, 100
percent of the water needed to make up for any water shortage
caused by variable flood control operation during any year at
Folsom Dam, and resulting in a significant impact on
recreation at Folsom Reservoir shall be replaced, to the
extent the water is available for purchase, by the Secretary
of the Interior.
``(ii) Cost sharing.--Seventy-five percent of the costs of
the replacement water provided under clause (i) shall be paid
for on a non-reimbursable basis by the Secretary of the
Interior at Federal expense. The remaining 25 percent of such
costs shall be provided by the Sacramento Area Flood Control
Agency.
``(iii) Limitation.--To the extent that any funds in excess
of the non-Federal share are provided by the Sacramento Area
Flood Control Agency, the Secretary shall reimburse such non-
Federal interests for such excess funds. Costs for
replacement water may not exceed 125 percent of the current
average market price for raw water, as determined by the
Secretary of the Interior.''.
(b) Conforming Change.--Section 101(a)(1)(D)(ii) of the
Water Resources Development Act of 1996, Public Law 104-303,
is amended by striking ``during'' and all that follows
through ``thereafter''.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Supply
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for energy supply activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction,
or expansion; and the purchase of not to exceed 17 passenger
motor vehicles for replacement only, $666,726,000, to remain
available until expended.
Non-Defense Environmental Management
For Department of Energy expenses, including the purchase,
construction and acquisition of plant and capital equipment
and other expenses necessary for non-defense environmental
management activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, $236,372,000, to
remain available until expended: Provided, That funding for
the West Valley Demonstration Project shall be reduced in
subsequent fiscal years to the minimum necessary to maintain
the project in a safe and stable condition, unless, not later
than September 30, 2002, the Secretary: (1) provides written
notification to the Committees on Appropriations of the
House of Representatives and the Senate that agreement has
been reached with the State of New York on the final scope
of Federal activities at the West Valley site and on the
respective Federal and State cost shares for those
activities; (2) submits a written copy of that agreement
to the Committees on Appropriations of the House of
Representatives and the Senate; and (3) provides a written
certification that the Federal actions proposed in the
agreement will be in full compliance with all relevant
Federal statutes and are in the best interest of the
Federal government.
Uranium Facilities Maintenance and Remediation
For necessary expenses to maintain, decontaminate,
decommission, and otherwise remediate uranium processing
facilities, $418,425,000, of which $299,641,000 shall be
derived from the Uranium Enrichment Decontamination and
Decommissioning Fund, all of which shall remain available
until expended.
Science
For Department of Energy expenses including the purchase,
construction and acquisition of plant and capital equipment,
and other expenses necessary for science activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or facility
or for plant or facility acquisition, construction, or
expansion, and purchase of not to exceed 25 passenger motor
vehicles for replacement only, $3,233,100,000, to remain
available until expended.
Nuclear Waste Disposal
For nuclear waste disposal activities to carry out the
purposes of Public Law 97-425, as amended, including the
acquisition of real property or facility construction or
expansion, $95,000,000, to remain available until expended
and to be derived from the Nuclear Waste Fund: Provided, That
not to exceed $2,500,000 shall be provided to the State of
Nevada solely for expenditures, other than salaries and
expenses of State employees, to conduct scientific oversight
responsibilities pursuant to the Nuclear Waste Policy Act of
1982, Public Law 97-425, as amended: Provided further, That
$6,000,000 shall be provided to affected units of local
governments, as defined in Public Law 97-425, to conduct
appropriate activities pursuant to the Act: Provided further,
That the distribution of the funds as determined by the units
of local government shall be approved by the Department of
Energy: Provided further, That the funds for the State of
Nevada shall be made available solely to the Nevada Division
of Emergency Management by direct payment and units of local
government by direct payment: Provided further, That within
90 days of the completion of each Federal fiscal year, the
Nevada Division of Emergency Management and the Governor of
the State of Nevada and each local entity shall provide
certification to the Department of Energy that all funds
expended from such payments have been expended for activities
authorized by Public Law 97-425 and this Act. Failure to
provide such certification shall cause such entity to be
prohibited from any further funding provided
[[Page H7423]]
for similar activities: Provided further, That none of the
funds herein appropriated may be: (1) used directly or
indirectly to influence legislative action on any matter
pending before Congress or a State legislature or for
lobbying activity as provided in 18 U.S.C. 1913; (2) used for
litigation expenses; or (3) used to support multi-State
efforts or other coalition building activities inconsistent
with the restrictions contained in this Act: Provided
further, That all proceeds and recoveries realized by the
Secretary in carrying out activities authorized by the
Nuclear Waste Policy Act of 1982, Public Law 97-425, as
amended, including but not limited to, any proceeds from the
sale of assets, shall be available without further
appropriation and shall remain available until expended.
Departmental Administration
(including transfer of funds)
For salaries and expenses of the Department of Energy
necessary for departmental administration in carrying out the
purposes of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the hire of passenger motor
vehicles and official reception and representation expenses
(not to exceed $35,000), $210,853,000, to remain available
until expended, plus such additional amounts as necessary to
cover increases in the estimated amount of cost of work for
others notwithstanding the provisions of the Anti-Deficiency
Act (31 U.S.C. 1511 et seq.): Provided, That such increases
in cost of work are offset by revenue increases of the same
or greater amount, to remain available until expended:
Provided further, That moneys received by the Department for
miscellaneous revenues estimated to total $137,810,000 in
fiscal year 2002 may be retained and used for operating
expenses within this account, and may remain available until
expended, as authorized by section 201 of Public Law 95-238,
notwithstanding the provisions of 31 U.S.C. 3302: Provided
further, That the sum herein appropriated shall be reduced by
the amount of miscellaneous revenues received during fiscal
year 2002 so as to result in a final fiscal year 2002
appropriation from the General Fund estimated at not more
than $73,043,000.
Office of the Inspector General
For necessary expenses of the Office of the Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $32,430,000, to remain
available until expended.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
Weapons Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other incidental expenses necessary for atomic energy
defense weapons activities in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion; and the purchase of
not to exceed 11 passenger motor vehicles for replacement
only, $5,429,238,000, to remain available until expended.
Defense Nuclear Nonproliferation
For Department of Energy expenses, including the purchase,
construction and acquisition of plant and capital equipment
and other incidental expenses necessary for atomic energy
defense, defense nuclear nonproliferation activities, in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction,
or expansion, $803,586,000, to remain available until
expended.
Naval Reactors
For Department of Energy expenses necessary for naval
reactors activities to carry out the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition (by purchase, condemnation, construction, or
otherwise) of real property, plant, and capital equipment,
facilities, and facility expansion, $688,045,000, to remain
available until expended.
Office of the Administrator
For necessary expenses of the Office of the Administrator
of the National Nuclear Security Administration, including
official reception and representation expenses (not to exceed
$12,000), $312,596,000, to remain available until expended.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Restoration and Waste Management
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses necessary for atomic energy defense
environmental restoration and waste management activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction,
or expansion; and the purchase of not to exceed 30 passenger
motor vehicles, of which 27 shall be for replacement only,
$5,234,576,000, to remain available until expended.
Defense Facilities Closure Projects
For expenses of the Department of Energy to accelerate the
closure of defense environmental management sites, including
the purchase, construction, and acquisition of plant and
capital equipment and other necessary expenses,
$1,092,878,000, to remain available until expended.
Defense Environmental Management Privatization
For Department of Energy expenses for privatization
projects necessary for atomic energy defense environmental
management activities authorized by the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), $153,537,000, to
remain available until expended.
Other Defense Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses necessary for atomic energy defense, other
defense activities, in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, $544,044,000, to
remain available until expended.
Defense Nuclear Waste Disposal
For nuclear waste disposal activities to carry out the
purposes of Public Law 97-425, as amended, including the
acquisition of real property or facility construction or
expansion, $280,000,000, to remain available until expended.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for
official reception and representation expenses in an amount
not to exceed $1,500.
During fiscal year 2002, no new direct loan obligations may
be made.
Operation and Maintenance, Southeastern Power Administration
For necessary expenses of operation and maintenance of
power transmission facilities and of marketing electric power
and energy, including transmission wheeling and ancillary
services, pursuant to the provisions of section 5 of the
Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the
southeastern power area, $4,891,000, to remain available
until expended; in addition, notwithstanding the provisions
of 31 U.S.C. 3302, up to $8,000,000 collected by the
Southeastern Power Administration pursuant to the Flood
Control Act to recover purchase power and wheeling expenses
shall be credited to this account as offsetting collections,
to remain available until expended for the sole purpose of
making purchase power and wheeling expenditures.
Operation and Maintenance, Southwestern Power Administration
For necessary expenses of operation and maintenance of
power transmission facilities and of marketing electric power
and energy, and for construction and acquisition of
transmission lines, substations and appurtenant facilities,
and for administrative expenses, including official reception
and representation expenses in an amount not to exceed $1,500
in carrying out the provisions of section 5 of the Flood
Control Act of 1944 (16 U.S.C. 825s), as applied to the
southwestern power area, $28,038,000, to remain available
until expended; in addition, notwithstanding the provisions
of 31 U.S.C. 3302, not to exceed $5,200,000 in
reimbursements, to remain available until expended: Provided,
That up to $1,512,000 collected by the Southwestern Power
Administration pursuant to the Flood Control Act to recover
purchase power and wheeling expenses shall be credited to
this account as offsetting collections, to remain available
until expended for the sole purpose of making purchase power
and wheeling expenditures.
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
For carrying out the functions authorized by title III,
section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C.
7152), and other related activities including conservation
and renewable resources programs as authorized, including
official reception and representation expenses in an amount
not to exceed $1,500, $171,938,000, to remain available until
expended, of which $166,651,000 shall be derived from the
Department of the Interior Reclamation Fund: Provided, That
of the amount herein appropriated, $6,000,000 is for deposit
into the Utah Reclamation Mitigation and Conservation Account
pursuant to title IV of the Reclamation Projects
Authorization and Adjustment Act of 1992: Provided further,
That up to $152,624,000 collected by the Western Area Power
Administration pursuant to the Flood Control Act of 1944 and
the Reclamation Project Act of 1939 to recover purchase power
and wheeling expenses shall be credited to this account as
offsetting collections, to remain available until expended
for the sole purpose of making purchase power and wheeling
expenditures.
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams,
$2,663,000, to remain available until expended, and to be
derived from the Falcon and Amistad Operating and Maintenance
Fund of the Western Area Power Administration, as provided in
section 423 of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995.
Federal Energy Regulatory Commission
salaries and expenses
For necessary expenses of the Federal Energy Regulatory
Commission to carry out the provisions of the Department of
Energy Organization Act (42 U.S.C. 7101 et seq.), including
services as authorized by 5 U.S.C. 3109, the hire of
passenger motor vehicles, and official reception and
representation expenses (not to exceed $3,000), $184,155,000,
to remain available until expended: Provided, That
notwithstanding any other provision of law, not to exceed
$184,155,000 of revenues from fees and annual charges, and
other services and collections in fiscal year 2002 shall be
retained and used for necessary expenses in
[[Page H7424]]
this account, and shall remain available until expended:
Provided further, That the sum herein appropriated from the
General Fund shall be reduced as revenues are received during
fiscal year 2002 so as to result in a final fiscal year 2002
appropriation from the General Fund estimated at not more
than $0: Provided further, That the Commission is authorized
an additional 5 senior executive service positions.
GENERAL PROVISIONS
DEPARTMENT OF ENERGY
Sec. 301. (a) None of the funds appropriated by this Act
may be used to award a management and operating contract, or
award a significant extension or expansion to an existing
management and operating contract, unless such contract is
awarded using competitive procedures or the Secretary of
Energy grants, on a case-by-case basis, a waiver to allow for
such a deviation. The Secretary may not delegate the
authority to grant such a waiver.
(b) At least 60 days before a contract award for which the
Secretary intends to grant such a waiver, the Secretary shall
submit to the Subcommittees on Energy and Water Development
of the Committees on Appropriations of the House of
Representatives and the Senate a report notifying the
Subcommittees of the waiver and setting forth, in
specificity, the substantive reasons why the Secretary
believes the requirement for competition should be waived for
this particular award.
Sec. 302. None of the funds appropriated by this Act may be
used to--
(1) develop or implement a workforce restructuring plan
that covers employees of the Department of Energy; or
(2) provide enhanced severance payments or other benefits
for employees of the Department of Energy,
under section 3161 of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 42 U.S.C. 7274h).
Sec. 303. None of the funds appropriated by this Act may be
used to augment the $20,000,000 made available for obligation
by this Act for severance payments and other benefits and
community assistance grants under section 3161 of the
National Defense Authorization Act for Fiscal Year 1993
(Public Law 102-484; 42 U.S.C. 7274h) unless the Department
of Energy submits a reprogramming request subject to approval
by the appropriate Congressional committees.
Sec. 304. None of the funds appropriated by this Act may be
used to prepare or initiate Requests For Proposals (RFPs) for
a program if the program has not been funded by Congress.
(transfers of unexpended balances)
Sec. 305. The unexpended balances of prior appropriations
provided for activities in this Act may be transferred to
appropriation accounts for such activities established
pursuant to this title. Balances so transferred may be merged
with funds in the applicable established accounts and
thereafter may be accounted for as one fund for the same time
period as originally enacted.
Sec. 306. None of the funds in this or any other Act for
the Administrator of the Bonneville Power Administration may
be used to enter into any agreement to perform energy
efficiency services outside the legally defined Bonneville
service territory, with the exception of services provided
internationally, including services provided on a
reimbursable basis, unless the Administrator certifies in
advance that such services are not available from private
sector businesses.
Sec. 307. When the Department of Energy makes a user
facility available to universities and other potential users,
or seeks input from universities and other potential users
regarding significant characteristics or equipment in a user
facility or a proposed user facility, the Department shall
ensure broad public notice of such availability or such need
for input to universities and other potential users. When the
Department of Energy considers the participation of a
university or other potential user as a formal partner in the
establishment or operation of a user facility, the Department
shall employ full and open competition in selecting such a
partner. For purposes of this section, the term ``user
facility'' includes, but is not limited to: (1) a user
facility as described in section 2203(a)(2) of the Energy
Policy Act of 1992 (42 U.S.C. 13503(a)(2)); (2) a National
Nuclear Security Administration Defense Programs Technology
Deployment Center/User Facility; and (3) any other
Departmental facility designated by the Department as a user
facility.
Sec. 308. None of the funds in this Act may be used to
dispose of transuranic waste in the Waste Isolation Pilot
Plant which contains concentrations of plutonium in excess of
20 percent by weight for the aggregate of any material
category on the date of enactment of this Act, or is
generated after such date. For the purposes of this section,
the material categories of transuranic waste at the Rocky
Flats Environmental Technology Site include: (1) ash
residues; (2) salt residues; (3) wet residues; (4) direct
repackage residues; and (5) scrub alloy as referenced in the
``Final Environmental Impact Statement on Management of
Certain Plutonium Residues and Scrub Alloy Stored at the
Rocky Flats Environmental Technology Site''.
Sec. 309. The Administrator of the National Nuclear
Security Administration may authorize the plant manager of a
covered nuclear weapons production plant to engage in
research, development, and demonstration activities with
respect to the engineering and manufacturing capabilities at
such plant in order to maintain and enhance such capabilities
at such plant: Provided, That of the amount allocated to a
covered nuclear weapons production plant each fiscal year
from amounts available to the Department of Energy for such
fiscal year for national security programs, not more than an
amount equal to 2 percent of such amount may be used for
these activities: Provided further, That for purposes of this
section, the term ``covered nuclear weapons production
plant'' means the following:
(1) the Kansas City Plant, Kansas City, Missouri;
(2) the Y-12 Plant, Oak Ridge, Tennessee;
(3) the Pantex Plant, Amarillo, Texas; and
(4) the Savannah River Plant, South Carolina.
Sec. 310. The Administrator of the National Nuclear
Security Administration may authorize the manager of the
Nevada Operations Office to engage in research, development,
and demonstration activities with respect to the development,
test, and evaluation capabilities necessary for operations
and readiness of the Nevada Test Site: Provided, That of the
amount allocated to the Nevada Operations Office each fiscal
year from amounts available to the Department of Energy for
such fiscal year for national security programs at the Nevada
Test Site, not more than an amount equal to 2 percent of such
amount may be used for these activities.
Sec. 311. Depleted Uranium Hexafluoride. Section 1 of
Public Law 105-204 is amended in subsection (b)--
(1) by inserting ``except as provided in subsection (c),''
after ``1321-349),''; and
(2) by striking ``fiscal year 2002'' and inserting ``fiscal
year 2005''.
Sec. 312. Prohibition of Oil and Gas Drilling in the Finger
Lakes National Forest, New York. No Federal permit or lease
shall be issued for oil or gas drilling in the Finger Lakes
National Forest, New York, during fiscal year 2002.
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized
by the Appalachian Regional Development Act of 1965, as
amended, notwithstanding section 405 of said Act, and, for
necessary expenses for the Federal Co-Chairman and the
alternate on the Appalachian Regional Commission, for payment
of the Federal share of the administrative expenses of the
Commission, including services as authorized by 5 U.S.C.
3109, and hire of passenger motor vehicles, $71,290,000, to
remain available until expended.
Defense Nuclear Facilities Safety Board
Salaries and Expenses
For necessary expenses of the Defense Nuclear Facilities
Safety Board in carrying out activities authorized by the
Atomic Energy Act of 1954, as amended by Public Law 100-456,
section 1441, $18,500,000, to remain available until
expended.
Delta Regional Authority
Salaries and Expenses
For necessary expenses of the Delta Regional Authority and
to carry out its activities, as authorized by the Delta
Regional Authority Act of 2000, $10,000,000, to remain
available until expended.
Denali Commission
For expenses of the Denali Commission including the
purchase, construction and acquisition of plant and capital
equipment as necessary and other expenses, $38,000,000, to
remain available until expended.
Nuclear Regulatory Commission
Salaries and Expenses
For necessary expenses of the Commission in carrying out
the purposes of the Energy Reorganization Act of 1974, as
amended, and the Atomic Energy Act of 1954, as amended,
including official representation expenses (not to exceed
$15,000), and purchase of promotional items for use in the
recruitment of individuals for employment, $516,900,000, to
remain available until expended: Provided, That of the amount
appropriated herein, $23,650,000 shall be derived from the
Nuclear Waste Fund: Provided further, That revenues from
licensing fees, inspection services, and other services and
collections estimated at $473,520,000 in fiscal year 2002
shall be retained and used for necessary salaries and
expenses in this account, notwithstanding 31 U.S.C. 3302, and
shall remain available until expended: Provided further, That
the sum herein appropriated shall be reduced by the amount of
revenues received during fiscal year 2002 so as to result in
a final fiscal year 2002 appropriation estimated at not more
than $43,380,000: Provided further, That, notwithstanding any
other provision of law, no funds made available under this or
any other Act may be expended by the Commission to implement
or enforce any part of 10 C.F.R. Part 35, as adopted by the
Commission on October 23, 2000, with respect to diagnostic
nuclear medicine, except those parts which establish training
and experience requirements for persons seeking licensing as
authorized users, until such time as the Commission has
reexamined 10 C.F.R. Part 35 and provided a report to the
Congress which explains why the burden imposed by 10 C.F.R.
Part 35 could not be further reduced.
Office of Inspector General
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, $6,180,000, to remain available until
expended: Provided, That revenues from licensing fees,
inspection services, and other services and collections
estimated at $5,933,000 in fiscal year 2002 shall be retained
and be available until expended, for necessary salaries and
expenses in this account notwithstanding 31 U.S.C. 3302:
Provided further, That the sum herein appropriated shall be
reduced by the amount of revenues received during fiscal year
2002 so as to result in a final fiscal year 2002
appropriation estimated at not more than $247,000.
Nuclear Waste Technical Review Board
Salaries and Expenses
For necessary expenses of the Nuclear Waste Technical
Review Board, as authorized by Public Law 100-203, section
5051, $3,100,000, to be
[[Page H7425]]
derived from the Nuclear Waste Fund, and to remain available
until expended.
TITLE V
GENERAL PROVISIONS
Sec. 501. None of the funds appropriated by this Act may be
used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation
matters pending before Congress, other than to communicate to
Members of Congress as described in 18 U.S.C. 1913.
Sec. 502. (a) Purchase of American-Made Equipment and
Products.--It is the sense of the Congress that, to the
greatest extent practicable, all equipment and products
purchased with funds made available in this Act should be
American-made.
(b) Notice Requirement.--In providing financial assistance
to, or entering into any contract with, any entity using
funds made available in this Act, the head of each Federal
agency, to the greatest extent practicable, shall provide to
such entity a notice describing the statement made in
subsection (a) by the Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling
Products as Made in America.--If it has been finally
determined by a court or Federal agency that any person
intentionally affixed a label bearing a ``Made in America''
inscription, or any inscription with the same meaning, to any
product sold in or shipped to the United States that is not
made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made
available in this Act, pursuant to the debarment, suspension,
and ineligibility procedures described in sections 9.400
through 9.409 of title 48, Code of Federal Regulations.
Sec. 503. The Secretary of the Army shall conduct and
submit to Congress a study that examines the known and
potential environmental effects of oil and gas drilling
activity in the Great Lakes (including effects on the
shorelines and water of the Great Lakes): Provided, That
during the fiscal years 2002 and 2003, no Federal or State
permit or lease shall be issued for new oil and gas slant,
directional, or offshore drilling in or under one or more of
the Great Lakes.
This Act may be cited as the ``Energy and Water Development
Appropriations Act, 2002''.
And the Senate agree to the same.
Sonny Callahan,
Harold Rogers,
Rodney P. Frelinghuysen,
Tom Latham,
Roger F. Wicker,
Zach Wamp,
Jo Ann Emerson,
John T. Doolittle,
Bill Young,
Peter J. Visclosky,
Ed Pastor,
James E. Clyburn,
Lucille Roybal-Allard,
Managers on the Part of the House.
Pete V. Domenici,
Thad Cochran,
Mitch McConnell,
Robert F. Bennett,
Conrad Burns,
Larry Craig,
Ted Stevens,
Harry Reid,
Robert C. Byrd,
Fritz Hollings,
Patty Murray,
Byron L. Dorgan,
Dianne Feinstein,
Tom Harkin,
Daniel K. Inouye,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at the
conference on the disagreeing votes of the two Houses on the
amendment of the Senate to the bill (H.R. 2311) making
appropriations for energy and water development for the
fiscal year ending September 30, 2002, and for other
purposes, submit the following joint statement to the House
and the Senate in explanation of the effects of the action
agreed upon by the managers and recommended in the
accompanying conference report.
The language and allocations set forth in House Report 107-
112 and Senate Report 107-39 should be complied with unless
specifically addressed to the contrary in the conference
report and statement of the managers. Report language
included by the House which is not contradicted by the report
of the Senate or the statement of the managers, and Senate
report language which is not contradicted by the report of
the House or the statement of the managers is approved by the
committee of conference. The statement of the managers, while
repeating some report language for emphasis, does not intend
to negate the language referred to above unless expressly
provided herein. In cases where both the House report and
Senate report address a particular issue not specifically
addressed in the conference report or joint statement of
managers, the conferees have determined that the House and
Senate reports are not inconsistent and are to be interpreted
accordingly. In cases in which the House or Senate have
directed the submission of a report, such report is to be
submitted to both House and Senate Committees on
Appropriations.
Senate amendment: The Senate deleted the entire House bill
after the enacting clause and inserted the Senate bill. The
conference agreement includes a revised bill.
INTRODUCTION
Response to Terrorism
The conferees commend the personnel of the agencies funded
in this bill for their dedication and professionalism in
their response to the heinous and cowardly terrorist attacks
on the World Trade Center and the Pentagon on September 11,
2001.
The Army Corps of Engineers had a very prominent role in
crisis response, engineering assessment, and recovery at the
attack sites. The conferees believe that this disaster has
again shown the wisdom of the current structure and alignment
of the Corps of Engineers within the Department of Defense.
The conferees continue to expect the Congress to be fully
consulted before any proposed changes affecting the Corps or
the unique role of the Chief of Engineers are implemented.
The Department of Energy redoubled efforts to maximize and
ensure absolute security of our Nation's nuclear weapons,
nuclear materials, and critical scientific and weapons
infrastructure. In a quiet, unheralded manner the
professionals throughout the country at the Army Corps of
Engineers and the Department of the Interior's Bureau of
Reclamation have spent much time and personal effort to
ensure the safety of many of the Nation's critical water
resources. The Nuclear Regulatory Commission remains vigilant
about security at the nation's commercial nuclear power
reactors. The conferees note that both Federal and contractor
employees have made significant contributions at sometimes
great personal sacrifice on behalf of our Nation, and we are
grateful for their efforts.
The conferees are aware that a number of requirements have
surfaced since the terrorist attacks to address the cost of
improved security at facilities funded in this bill. These
requirements are evolving and are expected to be addressed
within the $40 billion emergency supplemental appropriation
that the Congress provided immediately following the
terrorist attack. If additional requirements are identified
during the year, the conferees expect each agency to follow
normal reprogramming procedures to address those
requirements. For the Corps of Engineers Operation and
Maintenance, General, account, the Corps of Engineers shall
submit to the House and Senate Committees for approval, any
reprogramming of funds directly related to enhanced security
at its projects. If all known enhanced security requirements
cannot be fully met through fiscal year 2002 appropriations,
the conferees direct that each agency in this bill budget for
any such remaining costs in the fiscal year 2003 budget
submission to Congress. The conferees direct the Secretaries
of the Army, Energy, and Interior to each submit a report to
the Appropriations Committees of Congress by February 15,
2002 which specifically identifies in detail all known
physical security requirements that have surfaced since the
terrorist attacks, and the degree to which each has been met
through fiscal year 2002 appropriations and the fiscal year
2003 budget request.
TITLE I
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The summary tables at the end of this title set forth the
conference agreement with respect to the individual
appropriations, programs, and activities of the Corps of
Engineers. Additional items of conference agreement are
discussed below.
General Investigations
The conference agreement appropriates $154,350,000 for
General Investigations instead of $163,260,000 as proposed by
the House and $152,402,000 as proposed by the Senate.
The conferees have agreed to provide $350,000 for the Corps
of Engineers to initiate and complete a reconnaissance study
to evaluate environmental restoration, recreation, and
related purposes for the Middle Rio Grande, Bosque, New
Mexico. The conferees are aware of the unique nature of this
study and encourage the Corps of Engineers to establish a
regional inter-agency and inter-state steering committee to
leverage lessons learned from the Rio Salado, Phoenix and
Tempe Reaches, Arizona, and Tres Rio, Arizona, environmental
restoration projects as well as experience from within the
agency.
The conference agreement includes $1,200,000 for the Upper
Trinity River Basin, Texas, project as proposed by the House
and the Senate. The additional amount provided will allow for
completion of the Dallas Floodway and Stemmons North
Industrial Corridor studies, for continuation of studies on
the Clear and West Forks of the Trinity River including the
evaluation of existing flood control improvements and the
identification of additional measures at their confluence
needed to protect the urban center of Fort Worth, and the Big
Fossil Creek Watershed, and for initiation of a new study.
The conferees have provided $100,000 for the Corps of
Engineers to address the historic flooding problem at the
Sparks Arroyo Colonia in El Paso County, Texas.
The conferees have provided $100,000 for the Nueces River
and Tributaries, Texas, project for a reconnaissance study of
recharge structures located on the Edwards Aquifer Recharge
Zone in the Nueces River Basin.
Within the amount provided for Flood Plain Management
Services, $100,000 is to update a flood plain study for
Tripps Run in the City of Falls Church, Virginia. In
addition, the amount provided for Flood Plain Management
Services includes $1,300,000 for
[[Page H7426]]
the development of a Foundational Floodplain Management
Geographic Information System for East Baton Rouge Parish,
Louisiana, containing essential graphic and non-graphic
detailed databases.
Within the amount provided for the Planning Assistance to
States Program, $50,000 is for the preparation of a
Comprehensive Drainage Basin Plan for Francis Bland Floodway
Ditch (Eight Mile Creek) and tributaries in the vicinity of
Paragould, Arkansas, and $100,000 is for the Corps of
Engineers to provide planning assistance to develop a master
plan for Elk Creek Lake in Fleming County, Kentucky. In
addition, the conferees urge the Corps of Engineers to
initiate an investigation of the streambank erosion problems
in the East Baton Rouge Parish Canal in Baker, Louisiana, and
desalinization efforts at Tularosa Basin in Alamogordo, New
Mexico. The amount provided for the Planning Assistance to
States program also includes $150,000 for the Corps of
Engineers to provide planning assistance to the
Choctawhatchee, Pea, and Yellow Rivers Watershed Management
Authority. The conferees have also included $400,000 for the
Corps of Engineers to conduct, at full Federal expense as
required by section 1156 of Public Law 99-662, a review of
plans developed by the Commonwealth of the Northern Mariana
Islands for improvements to its water infrastructure in order
to prepare a report for transmission to Congress that could
be used as the basis for an authorization for the Federal
government to assist the Commonwealth of the Northern Mariana
Islands with those improvements.
The conference agreement includes $29,300,000 for Research
and Development. Within the amount provided, $4,100,000 is to
continue the National Shoreline Erosion Control Development
and Demonstration Program authorized by section 227 of the
Water Resources Development Act of 1996, including $1,300,000
for the Corps of Engineers to demonstrate the effectiveness
of erosion control systems consisting of permeable groins
installed perpendicular to the shoreline which reduce wave
and current energy allowing a portion of the sediment load to
fall out of suspension at Gulf State Park in Gulf Shores,
Alabama, and $800,000 to continue the research being
conducted at Allegan County, Michigan, in cooperation with
Western Michigan University. In addition, the conferees
encourage the Corps of Engineers to fully investigate the use
of electro-osmotic-pulse technologies at facilities where
chronic water seepage and floods are problematic. The
conferees urge the Corps of Engineers to test the
effectiveness of the Aqua Levee Emergency Flood Control
System, and report back to the House and Senate Committees on
Appropriations on the feasibility of deploying this emergency
flood control system for use in fighting floods. The amount
provided for Research and Development also includes $300,000
for the Corps of Engineers to prepare an implementation plan
and complete a detailed project design for the Seabrook
Harbor, New Hampshire, Demonstration Project under the
authority of section 227 of the Water Resources Development
Act of 1996.
The conference agreement includes language proposed by the
House which directs the Corps of Engineers to continue
preconstruction engineering and design of the Murrieta Creek,
California, project in accordance with the cost sharing
established in Public Law 106-377. The language has been
amended to delete the dollar amount; however, the conference
agreement includes $1,000,000 for the project as proposed by
the House.
The conference agreement includes language proposed by the
House which directs the Corps of Engineers to use the
feasibility report prepared under the authority of section
205 of the Flood Control Act of 1948, as amended, as the
basis for the Rock Creek-Keefer Slough Flood Control Project
in Butte County, California. The language has been amended to
delete the dollar amount; however, the conference agreement
includes $200,000 for the project as proposed by the House
and the Senate.
The conference agreement includes language proposed by the
House regarding the Southwest Valley Flood Damage Reduction
Study in New Mexico which directs the Corps of Engineers to
include in the study an evaluation of flood reduction
measures that would otherwise be excluded based on policies
regarding the frequency of flooding, the drainage area, and
the amount of runoff.
The conference agreement includes language proposed by the
Senate which directs the Corps of Engineers to conduct
studies for flood damage reduction, environmental protection,
environmental restoration, water supply, water quality, and
other purposes in Tuscaloosa County, Alabama. The language
has been amended to delete the dollar amount; however, the
conference agreement includes $100,000 for the study as
proposed by the Senate.
The conferees have included language in the bill which
directs the Corps of Engineers to conduct a comprehensive
watershed study to provide a framework for implementing
activities to improve the environmental quality of the Lake
Tahoe Basin in Nevada and California.
The conference agreement includes language which amends the
Consolidated Appropriations Act, 2001, to provide that funds
for the Lower St. Anthony Falls, Minnesota, project may be
used for planning, engineering and design activities.
The conference agreement deletes bill language proposed by
the Senate providing $500,000 for the Port of Iberia,
Louisiana, study. Funds for this project have been included
in the overall amount appropriated for General
Investigations.
The conference agreement deletes bill language proposed by
the Senate providing $100,000 for a Chesapeake Bay shoreline
erosion study, including an examination of management
measures that could be undertaken to address the sediments
behind the dams on the Lower Susquehanna River. Funds for
this project have been included in the overall amount
appropriated for General Investigations.
The conference agreement deletes bill language proposed by
the Senate providing $300,000 for the North Georgia Water
Planning District Watershed study in Georgia. Funds for this
project have been included in the overall amount appropriated
for General Investigations.
The conference agreement deletes language proposed by the
Senate regarding drilling for oil or gas in the Great Lakes.
This matter has been addressed in Title V, General
Provisions.
Construction, General
The conference agreement appropriates $1,715,951,000 for
Construction, General instead of $1,671,854,000 as proposed
by the House and $1,570,798,000 as proposed by the Senate.
The conference agreement includes $2,000,000 for the St.
Johns County, Florida, project. The conferees are aware that
additional funds may be required in fiscal year 2002 to
complete this project. Therefore, the Corps of Engineers is
urged to transfer up to an additional $9,000,000 from
available funds as necessary to complete this project. The
conferees approve of this procedure and direct the Corps of
Engineers to take all steps necessary to complete this
project.
The conference agreement includes $40,000,000 for the
Olmsted Locks and Dam project. The conferees agree that none
of the funds are to be used to reimburse the Claims and
Judgment Fund.
The conferees have provided $13,000,000 for the Inner
Harbor Navigation Canal Lock project in Louisiana. While the
conferees continue to support the renovation of the 80-year
old locks in the Inner Harbor Navigation Canal, they are
aware of recent allegations regarding potential adverse
impacts of the project on vehicular traffic crossing the
canal and direct the Corps of Engineers to work with the Old
Arabi Neighborhood Association, Regional Planning Commission,
St. Bernard Parish, the Louisiana Department of
Transportation and Development, and the U.S. Coast Guard to
determine if the project will cause vehicular traffic
problems and on solutions to any confirmed problems.
The conference agreement includes $950,000 for the
Chesapeake Bay Environmental Restoration and Protection
program, including $200,000 for the Taylors Island marsh
creation and shoreline protection project, and $750,000 for
upgrades to the Smith Island wastewater treatment plant.
The conference agreement includes $4,000,000 for the
Northeastern Minnesota Environmental Infrastructure program,
including $250,000 to assist the City of Biwabik, Minnesota,
with its sewer and water utility reconstruction along 7th and
8th avenues.
The conference agreement includes $500,000 for the Rural
Montana project. Within the funds provided, the Corps of
Engineers is directed to give consideration to projects at
Helena, Laurel, and Conrad, Montana.
The conferees are aware of the urgent need to facilitate
efficient construction of improvements for New York and New
Jersey Harbor to meet the needs of navigation interests and
save significant Federal and non-Federal resources.
Therefore, the conferees direct the Secretary of the Army to
combine the previously authorized Arthur Kill Channel,
Howland Hook Marine Terminal, New York and New Jersey,
project; the Kill Van Kull and Newark Bay Channel, New York
and New Jersey, project; the New York and Adjacent Channels,
Port Jersey Channel, New Jersey, project; and the New York
and New Jersey Harbor, New York and New Jersey, project into
a single project designated the New York and New Jersey
Harbor, New York and New Jersey, project. The conferees have
combined the Construction, General and General Investigations
budget amounts for these projects and provided $88,500,000
for the New York and New Jersey Harbor project. The Secretary
of the Army is directed to use these funds to continue
construction of the combined New York and New Jersey Harbor
project to the depths authorized in the Water Resources
Development Act of 2000.
The conferees have provided $8,000,000 to continue the
Rural Nevada project. Within the funds provided, the Corps of
Engineers is directed to give consideration to projects at
Mesquite, Silver Springs, Lawton-Verdi, Moapa, Elko
County, McGill, and Boulder City, Nevada.
The conference agreement includes $3,000,000 for the Mill
Creek, Ohio, project as proposed by the House and the Senate.
The additional funds provided above the budget request are to
be used to accelerate completion of the General Reevaluation
Report and develop an early warning system to alert
businesses and residents in the watershed of possible floods.
The conference agreement includes $3,000,000 for the Ohio
Environmental Infrastructure program. The amount provided
includes $1,500,000 to assist the City of Springfield, Ohio,
with its wastewater treatment and sewer improvement needs.
[[Page H7427]]
The conference agreement includes $10,000,000 for the South
Central Pennsylvania Environmental Improvement Program. These
funds are available to carry out improvements in Armstrong,
Cambria, Indiana, Fayette, Somerset, and Westmoreland
Counties in Pennsylvania.
The conference agreement includes $500,000 for the Corps of
Engineers to complete preconstruction engineering and design
of the Goshen Dam, Virginia, project. The conferees agree
that upon completion of preconstruction engineering and
design, the Corps of Engineers may initiate construction of
the project using available funds.
The conferees have provided an additional $500,000 for the
Mud Mountain Dam, White River, Washington, project for the
design of fish passage facilities.
The conference agreement includes a total of $41,100,000
for the Levisa and Tug Forks of the Big Sandy River and Upper
Cumberland River project. The amount provided includes funds
for the individual project elements as described in the House
and Senate reports.
The conference agreement includes $4,000,000 for the
Aquatic Plant Control Program. With the funds provided, the
Corps of Engineers is directed to undertake the projects
listed in the House and Senate reports. The amount provided
for the removal of aquatic weeds in the Lavaca and Navidad
Rivers in Texas is $300,000.
The conferees direct the Corps of Engineers to undertake
the projects listed in the House and Senate reports and any
additional projects described below for the various
continuing authorities programs. For those projects in the
continuing authorities program that are named in both the
House and Senate reports, the conferees direct the Corps of
Engineers to use the higher of the two reports funding
recommendation for that project. The recommended funding
levels for these programs are as follows: Section 206--
$20,000,000; Section 204--$1,500,000; Section 14--$9,000,000;
Section 205--$40,000,000; Section 111--$1,470,000; Section
107--$15,000,000; Section 1135--$20,400,000; Section 103--
$5,000,000; and Section 208--$1,000,000. The conferees are
aware that there are funding requirements for ongoing
continuing authorities projects that may not be accommodated
within the funds provided for each program. It is not the
intent of the conferees that ongoing projects be terminated.
If additional funds are needed during the year to keep
ongoing work in any program on schedule, the conferees urge
the Corps of Engineers to reprogram funds into the program.
The amount provided for the Section 1135 program does not
include funds for the Garrows Bend Restoration project in
Mobile, Alabama. That project has been funded in the
Operation and Maintenance account. The amount provided for
the Section 1135 program includes $250,000 for a feasibility
study of restoration activities at Horseshoe Lake, Arkansas,
and $400,000 for the Tunica Lake Weir, Mississippi, project.
The amount provided for the Section 206 program includes
$100,000 for the Milford Pond restoration project in
Massachusetts; $10,000 for the Borough of Fair Haven,
Monmouth County, New Jersey, project; and $10,000 for the
Grover's Mill Pond, Township of West Windsor, Mercer County,
New Jersey, project. Funds are not included for the Lake
Weamaconk, New York, project and the Oak Orchard Creek and
Tonawanda Creek Watersheds, New York, project. As part of the
fiscal year 2001 appropriations process, the Secretary of the
Army was directed to reimburse the East Bay Municipal Utility
District for expenses at Penn Mine located in Calaveras
County, California. The conferees have learned that
reimbursement has not occurred as required. The conferees
direct the Secretary to reimburse the East Bay Municipal
Utility District $4,100,000 from funds previously
appropriated under the Section 206 program for costs incurred
at Penn Mine for work carried out by East Bay Municipal
Utility District for the project. Such amounts shall be made
available to the East Bay Municipal Utility District not
later than 60 days after the date of enactment of this Act.
The amount provided for the Section 205 program includes
$424,000 for the Sumava, Indiana, project and $1,000,000 for
the Deer Creek, Illinois, project. In addition, the conferees
urge the Corps of Engineers to proceed with design of the Mad
Creek flood control project in Iowa.
The amount provided for the Section 111 program includes
$170,000 for the Dauphin Island, Alabama, project.
The amount provided for the Section 107 program includes
$3,000,000 for the Lake Shore State Park, Wisconsin, project.
The conferees have included language in the bill earmarking
funds for the following projects in the amounts specified:
San Timoteo Creek (Santa Ana River Mainstem), California,
$8,000,000; Indianapolis Central Waterfront, Indiana,
$9,000,000; Southern and Eastern Kentucky, $4,000,000; Clover
Fork, City of Cumberland, Town of Martin, Pike County
(including Levisa Fork and Tug Fork Tributaries), Bell
County, Floyd County, Martin County, and Harlan County,
Kentucky, elements of the Levisa and Tug Forks of the Big
Sandy River and Upper Cumberland River project,
$15,450,000; and the Lower Mingo County (Kermit), Upper
Mingo County (including County Tributaries), Wayne County,
and McDowell County, West Virginia, elements of the Levisa
and Tug Forks of the Big Sandy River and Upper Cumberland
River project, $5,900,000.
The conference agreement deletes language proposed by the
House regarding the San Gabriel Basin Restoration Fund
project. Funds for this project are included in the Bureau of
Reclamation's Water and Related Resources account.
The conference agreement includes language proposed by the
House which directs the Corps of Engineers to modify the Carr
Creek Lake, Kentucky, project to provide additional water
supply storage for the Upper Kentucky River Basin.
The conferees have included language proposed by the House
directing the Corps of Engineers to undertake design
deficiency repairs to the Bois Brule Drainage and Levee
District, Missouri, project with cost sharing consistent with
the original project authorization and to increase the
authorized level of protection of the Bois Brule Drainage and
Levee District, Missouri, project from 50 to 100 years.
The conference agreement includes language proposed by the
Senate which directs the Corps of Engineers to conduct
technical studies of individual ditch systems identified by
the State of Hawaii and to assist the State in
diversification by helping define the cost of repairing and
maintaining selected ditch systems. The conference agreement
also includes language proposed by the Senate which directs
the Corps of Engineers to use $1,300,000 to continue
construction of the Kaumalapau Harbor, Hawaii, project.
The conferees have agreed to include language proposed by
the Senate regarding the Brunswick County Beaches, North
Carolina, project. The language has been amended to direct
the Corps of Engineers to continue preparation of a General
Reevaluation Report for the Oak Island, Caswell Beach, and
Holden Beach segments of the project.
The conference agreement includes language proposed by the
Senate directing the Corps of Engineers to undertake the
Bowie County Levee, Texas, project.
The conferees have included language proposed by the Senate
directing the Corps of Engineers to use $4,000,000 of the
funds provided for the Dam Safety and Seepage/Stability
Correction program to continue construction of seepage
control features at Waterbury Dam, Vermont.
The conference agreement includes language directing the
Corps of Engineers to complete the Aloha-Rigolette,
Louisiana, project.
The conference agreement includes language directing the
Corps of Engineers to proceed with the Shoalwater Bay
Shoreline, Washington, project.
The conferees have agreed to include language in the bill
directing the Corps of Engineers to proceed with a final
design and initiate construction for the repair and
replacement of the Jicarilla Municipal Water System in Dulce,
New Mexico.
The conference agreement includes language which directs
the Corps of Engineers to proceed with the Missouri River
Restoration project and which provides that erosion control
measures implemented shall be primarily through nonstructural
means such as planting of native vegetation, bugger strips,
conservation easements, setbacks, and agricultural best
management practices.
The conference agreement includes language directing the
Corps of Engineers to construct the Dallas Floodway
Extension, Texas, project in accordance with the Chief of
Engineers report dated December 7, 1999.
The conferees have included language in the bill extending
by one year the due date for a progress report required by
the Consolidated Appropriations Act, 2001, on implementing a
program of environmental infrastructure improvements in
northern Wisconsin.
The conference agreement includes language directing the
Corps of Engineers to use funds previously appropriated for
the Salyersville, Kentucky, project to construct additional
recreation improvements at the Buckhorn Lake, Kentucky,
project.
The conference agreement includes language directing the
Corps of Engineers to initiate construction of the Seward
Harbor, Alaska, project in accordance with the Report of the
Chief of Engineers dated June 8, 1999.
The conferees have included language directing the Corps of
Engineers to use previously appropriated funds to reimburse
the City of Venice, Florida, for work accomplished by the
City as part of the Sarasota County, Florida, project.
The conference agreement includes language directing the
Corps of Engineers to undertake emergency bank protection
measures at Lakeshore Park in Knoxville, Tennessee.
The conference agreement includes language proposed by the
Senate which directs the Corps of Engineers to continue the
Dickenson County, Virginia, Detailed Project Report.
The conferees have included language proposed by the Senate
providing that the non-Federal sponsor for the Lebanon, New
Hampshire, project shall receive credit toward the non-
Federal cost of the project for work performed before
execution of the project cooperation agreement.
The conference agreement includes language proposed by the
House under Operation and Maintenance regarding the Raritan
River Basin, Green Brook Sub-Basin, New Jersey, project. The
Senate had proposed similar language under General
Provisions, Corps of Engineers--Civil.
The conference agreement deletes language proposed by the
Senate regarding the Horseshoe Lake, Arkansas, project. Funds
for this project have been included within
[[Page H7428]]
the amount provided for the Section 1135 program.
The conference agreement deletes language proposed by the
Senate providing funds for the Red River Emergency Bank
Protection, Arkansas, project. The amount appropriated for
Construction, General includes $3,000,000 for this project.
The conference agreement deletes language proposed by the
Senate regarding the Embrey Dam, Virginia, project. Funds for
this project have been included in the amount appropriated
for Construction, General.
The conferees direct that $2,000,000 of the funds provided
in the Consolidated Appropriations Act, 2001, for the
Abandoned and Inactive Noncoal Mine Restoration Program shall
be provided for clean-up activities in Nevada.
Flood Control, Mississippi River and Tributaries, Arkansas, Illinois,
Kentucky, Louisiana, Mississippi, Missouri, and Tennessee
The conference agreement appropriates $345,992,000 for
Flood Control, Mississippi River and Tributaries, instead of
$347,655,000 as proposed by the House and $328,011,000 as
proposed by the Senate.
The conference agreement includes $45,000,000 for the
Channel Improvement construction program. The amount provided
includes $500,000 to initiate dike construction at Keyes
Point, Arkansas; Kate Aubrey, Arkansas; and Ashport-Goldust,
Arkansas and Tennessee.
The conference agreement includes $49,547,000 for the
Mississippi River Levees construction program. The amount
provided includes $4,100,000 to construct improvements in the
vicinity of New Madrid, Missouri, as described in the House
Report. In addition, the conferees have included $600,000 for
the Corps of Engineers to prepare a design and cost estimate
for the Lower Mississippi River Museum and Riverfront
Interpretive Site at Vicksburg, Mississippi, generally in
accordance with the conceptual plan prepared by the City of
Vicksburg, as authorized by the Water Resources Development
Act of 1992, and amended by the Water Resources Development
Act of 2000.
The conference agreement includes $12,000,000 to continue
construction of the Grand Prairie project in Arkansas,
including construction of features to withdraw water from the
White River. The conferees are aware that the irrigation
district that would be the local sponsor for this project has
not yet been formed. Formation of the district would be a
significant step in advancing this project.
The conferees have provided $25,400,000 for the Atchafalaya
Basin project and direct the Corps of Engineers to use these
funds for the Bayou Yokely pumping station and other projects
within the basin. Further, the conferees restrict funds from
being used on any action that would decrease the water
quality on Bayou Lafourche until water quality experts
responsible for municipal water supplies from the bayou
support these project elements.
The conferees recognize that the realization of benefits
derived from the Atchafalaya Basin Floodway System project is
dependent upon the continuation of construction engineering
and design work for water management and recreational
features of the Myette Point, Buffalo Cove, and Flat Lake
elements. The Corps of Engineers is directed to continue work
on these components.
The conference agreement includes language directing the
Corps of Engineers to convey certain real property to the
Board of Mississippi Levee Commissioners.
Operation and Maintenance, General
The conference agreement appropriates $1,874,803,000 for
Operation and Maintenance, General instead of $1,864,464,000
as proposed by the House and $1,833,263,000 as proposed by
the Senate.
The conference agreement includes $29,600,000 for the
Mobile Harbor, Alabama, project. The amount provided includes
$5,000,000 for the Corps of Engineers to remove, transport,
dispose, and remediate sediments in the Arlington Channel and
in the Garrows Bend Channel in Mobile Harbor, Alabama, and in
areas adjacent to these Federal navigation channels. The
conferees have included language in the bill directing the
Corps of Engineers to proceed with this work.
The conference agreement includes $1,000,000 above the
budget request for the St. Mary's River, Michigan, project
for additional dredging of the lower St. Mary's River.
The conferees have provided $9,911,000 for the Garrison
Dam, Lake Sakakawea, North Dakota, project, an increase of
$800,000 over the budget request. The additional funds are
provided for maintenance and upgrading of recreational
facilities and for mosquito control in Williston, North
Dakota.
Of the amount provided for the Delaware River, Philadelphia
to the Sea, project, $2,000,000 is for the Corps of Engineers
to continue construction of facilities to control erosion of
the shoreline in the vicinity of Pea Patch Island located in
the Delaware River east of Delaware City, Delaware.
The conferees direct the Corps of Engineers to use the
funds provided above the budget request for the Francis E.
Walter Dam, Pennsylvania, project to conduct a road
relocation study at the dam.
The amounts provided above the budget request for the
Little Goose Lock and Dam, Washington; The Dalles Lock and
Dam, Oregon and Washington; Bonneville Lock and Dam, Oregon
and Washington; and John Day Lock and Dam, Oregon and
Washington, projects are to fund new requirements
implementing the Federal Columbia River Power System
biological opinion.
Pursuant to Public Law 105-104 and Public Law 105-105, the
States of Alabama, Florida, and Georgia have been engaged in
negotiations since 1997 over the reallocation of water
storage in Federal reservoirs operated by the Corps of
Engineers in the Apalachicola-Chattahoochee-Flint and
Alabama-Coosa-Tallaposa River Basins. The conferees
understand that the States may be close to reaching an
agreement on new allocation formulas that will reallocate
storage at the Federal reservoirs located on these river
basins. The conferees recognize that these projects were
constructed pursuant to Acts of Congress which prescribed how
the reservoirs shall operate. The conferees therefore request
that the Corps report to the House and Senate Committees on
Appropriations on how the Corps will account for hydropower
benefits lost as a result of the new allocation formulas.
The conference agreement includes $5,000,000 for the
transfer of the Fox River project in Wisconsin to the State
of Wisconsin. The conferees are aware that additional funds
will be required to complete the transfer, and urge the Corps
of Engineers to reprogram the necessary funds in fiscal year
2002. If the transfer cannot be completed in fiscal year
2002, it is the intent of the conferees to provide the
additional funds in fiscal year 2003 for this effort.
The conferees are aware of the lead-time required to repair
and rehabilitate recreational facilities for the upcoming
Lewis and Clark Bicentennial Commemoration. Therefore, the
Corps of Engineers may, within available funds, perform
maintenance and repair of these facilities as is considered
necessary to accommodate the anticipated visitor population.
The conference agreement includes language proposed by the
House directing the Corps of Engineers to perform cultural
resource mitigation and recreation improvements at Waco Lake,
Texas. The language has been amended to delete the dollar
amount; however, the conference agreement includes $1,500,000
for this project as proposed by the House.
The conferees have included language proposed by the House
which directs the Corps of Engineers to grade the basin
within the Hansen Dam feature of the Los Angeles County
Drainage Area, California, project to enhance and maintain
flood control and provide for future use of the basin for
compatible purposes consistent with the Master Plan. The
language has been amended to delete the dollar amount;
however, the conference agreement includes $2,000,000 for
this work as proposed by the House.
The conference agreement includes language proposed by the
House which directs the Corps of Engineers to investigate the
development of an upland disposal site recycling program. The
language has been amended so that the following projects are
to be included in this program: Black Warrior and Tombigbee
Rivers; Alabama--Coosa Rivers; and Mobile River. The language
has been amended to delete the dollar amount; however, the
conference agreement includes $1,000,000 for the work as
proposed by the House.
The conference agreement includes language proposed by the
Senate which directs the Corps of Engineers to reimburse the
State of Delaware for operation and maintenance costs
incurred by the State for the SR1 Bridge over the Chesapeake
and Delaware Canal.
The conferees have included language proposed by the Senate
directing the Corps of Engineers to remove and reinstall the
docks and causeway at Astoria East Boat Basin in Oregon. The
language has been amended to also direct the Corps of
Engineers to continue the breakwater repairs at the project.
The language has also been amended to delete the dollar
amount; however, the conference agreement includes $3,000,000
for this work.
The conferees have included language proposed by the Senate
directing the Corps of Engineers to dredge a channel from the
mouth of Wheeling Creek to Tunnel Green Park in Wheeling,
West Virginia. The language has been amended to delete the
dollar amount; however, the conference agreement includes
$2,000,000 for this project as proposed by the Senate.
The conference agreement includes language proposed by the
Senate which provides for the development of a long-term
dredged material management plan for the Apalachicola,
Chattahoochee, and Flint Rivers project. The language has
been amended to provide that $4,900,000 shall be available
for the dredged material management plan and the $8,000,000
shall be available for operation and maintenance of the
project.
The conference agreement deletes language proposed by the
House regarding the Raritan River Basin, Green Brook Sub-
Basin, New Jersey, project. This language has been included
under the Construction, General account.
The conference agreement deletes language proposed by the
Senate providing funds for a study of the best use of sand
dredged from Morehead City Harbor, North Carolina, and
providing funds for dredging of the Sagamore Creek Channel in
New Hampshire. Funds for these projects have been provided in
the amount appropriated for Operation and Maintenance,
General.
The conference agreement deletes language proposed by the
Senate providing
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funds for activities related to selection of a permanent
disposal site for environmentally sound dredged material from
projects in the State of Rhode Island. Funds for this work
are included in the amount provided for the Providence River
and Harbor project.
The conferees agree that centralized management of project
funds is efficient and is allowed under current guidelines
for certain activities. These activities include but are not
limited to the program development system known as the
Automated Budget System; the National Recreation Reservation
System; the provision of uniforms for those required to wear
them; the Volunteer Clearinghouse; the Water Safety Program;
the transition from government-owned/contractor-operated to
private ownership and operation of the SHOALS system; and the
Sign Standards Program. The conferees direct the Corps of
Engineers to disclose the costs of these activities in its
budget justifications.
Flood Control and Coastal Emergencies
(Rescission)
The conferees have agreed to rescind $25,000,000 of the
$50,000,000 appropriated in Public Law 107-20 for Flood
Control and Coastal Emergencies. Corps of Engineers
requirements under this program have been less than
anticipated.
Regulatory Program
The conference agreement appropriates $127,000,000 for the
Regulatory Program instead of $128,000,000 as proposed by the
House and the Senate.
Formerly Utilized Sites Remedial Action Program
The conference agreement appropriates $140,000,000 for the
Formerly Utilized Sites Remedial Action Program as proposed
by the House and the Senate.
Revolving Fund
The conferees have learned that the Corps of Engineers is
considering a proposal to finance a major new software
development from the assets of the Revolving Fund. This Fund
was established in 1953 to acquire plant and equipment that
would be utilized by more than one project. The conferees
have noted that in recent years the Fund has been used to
acquire and develop automation systems and have from time to
time expressed concern with this use of the Fund. Before the
conferees will concur in further use of the Fund in this
manner, the Corps is directed to present appropriate
justification to the House and Senate Appropriations
Subcommittees on Energy and Water Development. This
justification must include an appropriate and complete
economic analysis.
General Expenses
The conference agreement appropriates $153,000,000 for
General Expenses as proposed by the House and the Senate. The
conference agreement includes language proposed by the House
which prohibits the use of funds to support a congressional
affairs office within the executive office of the Chief of
Engineers.
General Provisions
Corps of Engineers-Civil
Section 101. The conference agreement includes language
proposed by the House directing the Secretary of the Army to
transfer property at Tuttle Creek Lake, Kansas, to the Blue
Township Fire District, Blue Township, Kansas.
Section 102. The conference agreement includes language
proposed by the House which directs the Secretary of the Army
to carry out shore protection projects in accordance with the
cost sharing provisions contained in existing project
cooperation agreements with an amendment to include the text
of section 111 of the Senate bill which provides that the
Secretary of the Army may not accept or solicit non-Federal
contributions for shore protection projects in excess of the
minimum requirements established by law.
Section 103. The conference agreement includes language
proposed by the Senate which places a limit on credits and
reimbursements allowable per project and annually.
Section 104. The conference agreement includes language
proposed by the Senate which directs that none of the funds
made available in fiscal year 2002 may used to carry out any
activity related to closure or removal of the St. Georges
Bridge across the Intracoastal Waterway, Delaware River to
Chesapeake Bay.
Section 105. The conference agreement includes language
proposed by the Senate which provides that the non-Federal
sponsor for the Lava Hot Springs Restoration project in Idaho
shall receive credit for lands, easements, relocations,
rights-of-way, and disposal areas acquired before execution
of the project cooperation agreement.
Section 106. The conference agreement includes language
proposed by the Senate amending the authorization for the
Guadalupe River, California, project.
Section 107. The conference agreement includes language
proposed by the Senate regarding a designation of
nonnavigability for portions of Gloucester County, New
Jersey.
Section 108. The conference agreement includes language
proposed by the Senate making technical corrections to the
authorization for the Nome Harbor, Alaska, project.
Section 109. The conference agreement includes language
proposed by the Senate which amends section 211 of the Water
Resources Development Act of 2000. The language has been
amended to make a technical correction.
Section 110. The conference agreement includes language
proposed by the Senate which extends the authorization for
appropriations for the Missouri and Middle Mississippi Rivers
Enhancement Project by one year.
Section 111. The conference agreement amends language
proposed by the Senate regarding the correction of a design
deficiency for the Fort Fairfield, Maine, project.
Section 112. The conference agreement includes language
proposed by the Senate directing the Secretary of the Army to
reassess the allocation of Federal and non-Federal costs for
construction of the Cerrillos Dam project in Puerto Rico.
Section 113. The conference agreement includes language
proposed by the Senate amending the cost sharing provisions
of section 704 of the Water Resources Development Act of
1986.
Section 114. The conference agreement includes language
amending the authorization for the Ramapo River at Oakland,
New Jersey, project.
Section 115. The conference agreement includes language
proposed by the House regarding the use of the dredge
McFARLAND. The provision has been amended by deleting the
reference to placing the dredge in the active ready reserve.
The conferees agree that this limitation on the use of the
McFARLAND should not be considered a precedent for any other
Corps of Engineers dredge, especially any dredge operating in
the ports and harbors of the Northwest, where fewer
commercial dredges are available and travel times to move
dredges to that part of country are longer than on the east
and gulf coasts. The conferees direct the General Accounting
Office to conduct an economic and technical study to evaluate
the benefits and impacts of the minimum dredge fleet. The
study shall include an assessment on the capability and
capacity of the private dredging industry to effectively
respond to and accomplish the unique work the dredge
McFARLAND has historically performed, with the viewpoints of
all stakeholders included. The conferees expect the study to
be completed within 180 days and the results transmitted to
the authorization and appropriations committees.
Section 116. The conference agreement includes language
proposed by the Senate regarding revisions to the Missouri
River Master Water Control Manual.
Provisions not included in the conference agreement.--The
conference agreement does not include language proposed by
the House regarding the San Gabriel Basin Restoration Project
in California. This matter has been addressed in Title II.
The conference agreement does not include language proposed
by the House regarding revisions to the Missouri River Master
Water Control Manual.
The conference agreement deletes language proposed by the
Senate regarding funding for the Demonstration Erosion
Control project in Mississippi, and the Perry Lake, Kansas,
project. Funding for those projects is included in the
amounts appropriated for Flood Control, Mississippi River and
Tributaries, and Operation and Maintenance, General,
respectively.
The conference agreement deletes language proposed by the
Senate regarding the Mad Creek flood control project, which
has been funded within the amount provided for the section
205 program under Construction, General.
The conference agreement deletes language proposed by the
Senate regarding dredging of the McClellan-Kerr Arkansas
River Navigation Project. The conferees agree that the Corps
of Engineers should undertake advance maintenance of the
project when appropriate to facilitate the movement of
commercial navigation traffic.
The conference agreement deletes language proposed by the
Senate regarding the Raritan River Basin, Green Brook Sub-
Basin, New Jersey, project. This matter has been addressed
under Construction, General.
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TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
Central Utah Project Completion Account
The conference agreement appropriates $36,228,000 to carry
out the provisions of the Central Utah Project Completion Act
as proposed by the House and the Senate. The conferees are in
agreement with the language in the Senate report regarding
the Uinta Basin Replacement Project.
Bureau of Reclamation
The summary tables at the end of this title set forth the
conference agreement with respect to the individual
appropriations, programs, and activities of the Bureau of
Reclamation. Additional items of conference agreement are
discussed below.
Water and Related Resources
The conference agreement appropriates $762,531,000 for
Water and Related Resources instead of $691,160,000 as
proposed by the House and $732,496,000 as proposed by the
Senate.
The amount provided for the American River Division of the
Central Valley Project includes $3,500,000 for the Bureau of
Reclamation to reimburse the City of Folsom, California, for
costs associated with the replacement of the Natoma Pipeline
System, which is owned and operated by the Bureau of
Reclamation and is the single water supply source for the
City.
The amount provided for the East Side Division of the
Central Valley Project includes $1,000,000 for water and
sewer system upgrades and a visitor capacity study at New
Melones Lake.
The amount provided for Miscellaneous Project Programs of
the Central Valley Project includes an additional $1,000,000
for the Banta-Carbona Irrigation District's fish screen
project.
The amount provided for the Sacramento River Division of
the Central Valley Project includes $2,600,000 for the Glenn-
Colusa Irrigation District Fish Screen Improvement Project;
$750,000 for detailed, site-specific environmental assessment
and permitting work associated with Sites Reservoir,
including an evaluation of both the GCID Main Canal and the
Tehama-Colusa Canal as a means to convey water to the
proposed reservoir; and $300,000 for the Colusa Basin
Drainage District's Integrated Resources Management Plan.
The conference agreement provides $2,500,000 for the Lake
Tahoe Regional Wetlands Development program. In addition to
the individual projects referenced in the House and Senate
reports, the conferees agree that the funds may be used for
projects throughout the Lake Tahoe basin in California and
Nevada.
The conferees have provided an additional $11,200,000 for
the Middle Rio Grande, New Mexico, project for the Bureau of
Reclamation to continue the efforts of the Middle Rio Grande
Collaborative Program Workgroup and its support activities to
water users and species along the Middle Rio Grande. These
efforts are intended to promote long and short term
activities, with priority given to fulfillment of biological
opinion requirements, to benefit species and water users
pursuant to a Memorandum of Understanding signed by the
relevant agencies and interested parties. The additional
funds provided are for the following activities: $4,300,000
for modifications to river habitat; $2,180,000 for silvery
minnow population management; $1,100,000 for monitoring of
stream effects on the silvery minnow; $120,000 to combat non-
native species; $640,000 for the Bureau of Reclamation's
repayment obligations; $950,000 for water quality studies and
improvements; $1,900,000 for the Bureau of Reclamation's
purchase of water; and for associated program management. The
conferees direct the Bureau of Reclamation to consult with
the U.S. Fish and Wildlife Service on the silvery minnow
monitoring and habitat efforts. In addition, the Bureau of
Reclamation is directed to collaborate with universities in
geographical proximity to the silvery minnow and possessing
established experience and expertise in working with the
silvery minnow.
The Colorado River Quantification Settlement Agreement is
critically important to the long-term reliability of water
supplies in Southern California and the entire Southwest. The
conferees urge the Secretary of the Interior and parties to
the Agreement to make every effort to bring about its timely
and cost-effective implementation, including identifying the
administrative and legislative actions necessary to meet the
applicable deadlines.
The conferees have provided $15,000,000 for the Klamath
Project in Oregon. Of that amount, $5,000,000 is to continue
construction of the A-Canal.
The conference agreement includes $2,582,000 for the
Drought Emergency Assistance program. Within that amount,
$2,000,000 is for the Bureau of Reclamation to establish a
Weather Damage Modification Program, including a regional
weather modification research program involving the states of
Oklahoma, Texas, Kansas, New Mexico, and Nevada. In addition,
funds may be made available for leasing of water for specific
drought related purposes from willing lessors in compliance
with existing State laws and administered under State water
priority allocation. Such leases may be entered into with an
option to purchase provided that the purchase is approved by
the State in which the purchase takes place and the purchase
does not cause economic harm within the State in which the
purchase is made.
Within the amount provided for the Wetlands Development
Program, $500,000 is for the Bureau of Reclamation to
undertake a project to restore natural vegetation along the
lower Colorado River in the vicinity of Yuma, Arizona.
The conference agreement includes language which provides
that $12,000,000 of the funds appropriated for Water and
Related Resources shall be deposited in the San Gabriel
Basin, California, Restoration Fund, of which $1,000,000
shall be for remediation in the Central Basin Municipal Water
District.
The conference agreement includes language proposed by the
Senate providing $1,500,000 to complete a feasibility study
for the Sante Fe--Pojoaque Regional Water System in New
Mexico.
The conference agreement deletes language proposed by the
Senate making $4,000,000 available for the West River/Lyman
Jones Rural Water System to provide rural, municipal, and
industrial drinking water for Philip, South Dakota. Funds for
this work have been provided within the amount available for
the Mni Wiconi project.
The conference agreement deletes language proposed by the
Senate regarding financial assistance for the preparation of
drought contingency plans.
The conference agreement deletes language proposed by the
Senate providing funds for the Hopi/Western Navajo Water
Development Plan in Arizona, and the Savage Rapids Dam on the
Rogue River in Oregon. Funds for these projects have been
included within the amount appropriated for Water and Related
Resources.
Bureau of Reclamation Loan Program Account
The conference agreement appropriates $7,495,000 for the
Bureau of Reclamation Loan Program Account as proposed by the
House and the Senate.
Central Valley Project Restoration Fund
The conference agreement appropriates $55,039,000 for the
Central Valley Project Restoration Fund as proposed by the
House and the Senate.
Within the amount appropriated for the Central Valley
Project Restoration Fund, the conferees expect the Bureau of
Reclamation to use $9,000,000 for the Anadromous Fish Screen
Program, including work on the American Basin Fish Screen and
Habitat Improvement Project (Natomas Municipal Water Company)
as well as the fish screen projects being undertaken by the
Sutter Mutual Water Company and Reclamation District 108.
California Bay-Delta Ecosystem Restoration
The conference agreement includes no funds for the
California Bay-Delta Ecosystem Restoration program as
proposed by the House and the Senate.
The conferees have provided an additional $30,000,000
within the various units of the Central Valley Project under
the Water and Related Resources account for activities that
support the goals of the California Bay-Delta Ecosystem
Restoration Program, instead of $40,000,000 as proposed by
the Senate. The conferees are aware that legislation to
authorize this multi-year, multi-billion dollar program has
been introduced in the House and the Senate, but has yet to
be enacted. Absent such an authorization, it will be
difficult for the Congress to continue its support for this
program. Therefore, the conferees strongly urge the parties
involved to work to enact an authorization for the program so
additional funding can be considered in the fiscal year 2003
appropriations cycle. The additional funds provided in
support of the program are to be used as follows:
Delta Division: $7,500,000 for oversight activities;
$1,000,000 for planning activities associated with enlarging
Los Vaqueros Reservoir; $200,000 for the DMC Intertie with
the California Aqueduct; $150,000 to evaluate operations
alternatives for the Delta Cross Channel Reoperation; and
$3,000,000 to construct the Tracy Test Fish Facility.
Friant Division: $2,500,000 to continue developing a plan
of study for an investigation of storage in the Upper San
Joaquin Watershed.
Miscellaneous Project Programs: $12,500,000 for the
Environmental Water Account; $200,000 for water use
efficiency pilot studies; and $200,000 to conduct a NEPA
analysis and operate the clearinghouse for the water transfer
program.
Sacramento River Division: $750,000 to continue planning
activities related to Sites Reservoir.
San Felipe Division: $100,000 to provide technical
assistance to the Santa Clara Valley Water District in
conducting operational appraisal studies.
Shasta Division: $1,900,000 to continue evaluating the
potential impacts of the proposed Shasta Dam raise.
Policy and Administration
The conference agreement appropriates $52,968,000 for
Policy and Administration as proposed by the House and the
Senate.
General Provisions
Department of the Interior
Section 201. The conference agreement includes language
authorizing the Bureau of Reclamation to continue its program
of providing grants to institutions of higher learning to
support the training of Native Americans to manage natural
resources.
Section 202. The conference agreement includes language
amending the authorization
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for the San Gabriel Basin Restoration project.
Section 203. The conference agreement includes language
proposed by the Senate regarding refunds of fees assessed for
failure to file certain certification or reporting forms
under the Reclamation Reform Act.
Section 204. The conference agreement includes language
proposed by the Senate regarding the Lower Colorado River
Basin Development Fund.
Section 205. The conference agreement includes language
proposed by the House under Title V, General Provisions
regarding the San Luis Unit and the Kesterson Reservoir in
California. The Senate had proposed similar language under
General Provisions, Department of the Interior.
Section 206. The conference agreement includes language
proposed by the Senate regarding the valve rehabilitation
project at the Arrowrock Dam on the Arrowrock Division of the
Boise project in Idaho.
Section 207. The conference agreement includes language
proposed by the Senate establishing requirements for the
purchase or lease of water from the Middle Rio Grande or
Carlsbad projects in New Mexico.
Section 208. The conference agreement includes language
proposed by the House regarding the issuance of permits for
commercial rafting within the Auburn State Recreation Area,
California.
Section 209. The conference agreement amends House language
regarding the makeup of water shortages caused by the
operation of Folsom Dam and Reservoir in California for flood
control.
Provisions not included in the conference agreement.--The
conference agreement does not include language proposed by
the Senate regarding the use of funds provided for Drought
Emergency Assistance.
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TITLE III
DEPARTMENT OF ENERGY
The summary tables at the end of this title set forth the
conference agreement with respect to the individual
appropriations, programs, and activities of the Department of
Energy. Additional items of conference agreement are
discussed below.
PROJECT MANAGEMENT
The conferees strongly support efforts of the Office of
Engineering and Construction Management (OECM) to improve the
Department's construction and project management. The
Department has announced plans to merge the Office of the
Chief Financial Officer (the current location of OECM) with
the Office of Management and Administration to form a new
Office of Management, Budget and Evaluation. The Committees
on Appropriations have been assured that this change will
broaden the duties, scope, responsibilities, and authorities
of OECM. The conferees understand that the Department intends
to enable OECM to more effectively bring needed culture
changes to its project management community.
Congress supported creation of OECM as a final attempt to
correct the Department's weaknesses in project management.
The conferees expect OECM to be fully funded to support
enhanced systems development and deployment, training,
process improvements, and accountability. The conferees
acknowledge that the expanded mission of this office
encompasses project closure, facilities, and infrastructure
management activities and urge the Secretary to give priority
to retaining within the Department the technical skills
needed for federal project and real property management. The
conferees recommend that, at each site, the Secretary
designate a management office to coordinate project and real
property management improvements with this headquarters
office.
The conferees also expect the National Research Council to
continue to monitor the Department's efforts in project
management.
FACILITIES AND INFRASTRUCTURE
The conferees have provided funding in several programs for
facilities and infrastructure improvement projects to allow
the Department to begin to correct its worst deferred
maintenance deficiencies and eliminate excess facilities. The
conferees make this initial investment in critical
infrastructure so the Department can begin to institute life-
cycle asset management improvement processes throughout its
complex and expect that at least 25 percent of the funds
provided will be spent to eliminate excess facilities.
The conferees direct each site (not slated for closure) to
prepare a ten-year site plan prescribing space utilization
activities that stabilize, then reduce its baseline for
maintenance costs by: (1) consolidating operations where
practicable; (2) eliminating excess buildings; (3) employing
cost efficiencies; and (4) addressing mission-critical
requirements through an appropriate mix of renovations and
new construction.
Beginning in fiscal year 2003, to ensure sustained
improvement in project and real property management, the
conferees direct the Department to present an integrated
facilities and infrastructure budget request. This budget
should identify program maintenance projects for buildings
and facilities by site. To the extent that indirect funding
supports maintenance, the budget should also report, by site,
expenditures in the previous year and estimate the percentage
to be applied in fiscal year 2003. The conferees expect the
Department to retain up-to-date corporate-level management
information on the condition of its buildings and facilities
and annual expenditures on maintenance for its complex.
For new construction projects requested in fiscal year
2003, the conferees expect the budget to show the square
footage of each new project, and request funding for
elimination by transfer, sale, or demolition of excess
buildings and facilities of equivalent size. This excess
reduction to new construction formula does not apply to
environmental management closure sites. The conferees expect
the fiscal year 2003 budget to contain funds to eliminate
excess facilities based on the greatest impact on long-term
costs and risks. The Department should apply this requirement
to each site. Only if deemed impracticable due to critical
mission requirements, through a case-by-case waiver approved
by the Secretary through the Chief Financial Officer, should
the requirement be met through the reduction of excess
facilities at another site. The Department will collect
information from all sites on the square footage of excess
property sold, transferred, or demolished each year and
submit a report 45 days after the President's budget is
presented to Congress.
The conferees expect the Chief Financial Officer to issue
such directives as are necessary to ensure that: each site
prepares a ten-year site plan; annual property reports
reflect accurately the Department's entire real property
inventory, including the current status of maintenance and
disposition of excess property at each site; program budgets
request funding for elimination of excess facilities by
square footage proportional to new facilities requested; and
project and real property offices in the field adhere to
corporate guidelines for managing new projects, closeouts,
and maintenance of all facilities.
DEPARTMENT OF ENERGY STAFFING
The conferees share the concerns raised by the House that
the new National Nuclear Security Administration (NNSA)
structure may have had the unintended consequence of
unnecessarily increasing the Department's overall personnel
costs, particularly at the headquarters, from a Department-
wide perspective. The conferees further agree that the
Secretary of Energy should submit a report to the
Appropriations and Armed Services Committees of Congress
concerning staffing increases arising from the creation of
NNSA, as the House intended, as well as the ``before and
after'' staffing levels of each office and activity affected
by the reorganization. However, the report should also
address the broader administrative support staffing concerns
below and potential staffing reductions to NNSA or other DOE
offices if administrative support functions could be staffed
more efficiently. The Secretary shall submit the report by
January 31, 2002.
With the new NNSA organization now in place, this affords a
good opportunity for the Secretary of Energy and the Congress
to take a fresh look at the management, effectiveness, and
cost-effectiveness of the Department of Energy's
administrative support functions at both the headquarters and
field levels. Support functions include personnel, finance,
contracting, facilities management, vehicle management,
logistics, information management, public affairs, and
congressional affairs.
The conferees note that other organizations in the
Department of Energy, such as the Inspector General and Naval
Reactors, independently perform some of their own
administrative support functions such as congressional
affairs. The Inspector General of the Department of Energy
has interpreted its charter under the Inspector Generals Act,
particularly in regards to its perceived need to conduct its
own congressional affairs, differently than any of the
military services which, for example, use ``corporate''
congressional affairs offices to interface between the
Congress and all sub-elements of headquarters organizations
including agency inspector generals.
Fragmentation of administrative support functions may also
dilute the ability of the Secretary of Energy to manage the
Department to meet Departmental strategic goals such as
improved financial and contract management. To the extent
that the Department invests in unnecessary administrative
support costs in a fixed or limited growth budget
environment, resources are diverted from higher-priority
mission areas.
In submitting the plan on the staffing effects of the NNSA
legislation and subsequent implementation, the conferees
encourage the Secretary to focus on ensuring that the
Department of Energy has the optimal administrative support
structure to maximize mission effectiveness and minimize
administrative support costs. As stated in the House report,
the conferees encourage the Secretary to submit legislative
proposals where appropriate to meet this objective.
ALTERNATIVE FINANCING APPROACHES
The Secretary of Energy is directed to conduct a study of
alternative financing approaches, to include third-party-type
methods, for infrastructure and facility construction
projects across the Department. This study is due to the
House and Senate Committees on Appropriations by March 30,
2002.
EXTERNAL REGULATION
The Department is directed to prepare an implementation
plan for the transition to external regulation at the
Department's non-defense science laboratories. For the
purpose of preparing this plan, the Department should assume
that the Nuclear Regulatory Commission (NRC) would take over
regulatory responsibility for nuclear safety at the
Department's non-defense science laboratories, and the
Occupational Safety and Health Administration (OSHA) would
take over regulatory responsibility for worker safety at
these laboratories. The conferees expect the Department to
coordinate with NRC and OSHA, and to build upon the previous
external regulation pilot programs, in developing this plan.
For planning purposes, external regulation would apply to the
five multiprogram and five single-purpose laboratories under
the Office of Science, and the Department should assume
external regulation to become effective beginning in fiscal
year 2004. The implementation plan for external regulation is
not to address nuclear weapons facilities, environmental
remediation sites, or other Department laboratories,
facilities, and sites. The implementation plan should address
all details necessary to implement external regulation,
including an estimate of the additional resources needed by
the NRC and OSHA, corresponding reductions in funding and
staffing at the Department, specific facilities or classes of
facilities for which external regulation cannot be
implemented in a timely manner, necessary changes to existing
management and operating contracts, and changes in statutory
language necessary to effect the transition to external
regulation. This plan is due to the House and Senate
Committees on Appropriations by May 31, 2002. Note that this
provision only requires the Department to produce an
implementation plan for external regulation for a limited set
of DOE facilities; the actual transition to external
regulation for those facilities will require additional
legislative direction.
REPROGRAMMINGS
The conference agreement does not provide the Department of
Energy with any internal
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reprogramming flexibility in fiscal year 2002 unless
specifically identified by the House, Senate, or conference
agreement. Any reallocation of new or prior year budget
authority or prior year deobligations must be submitted to
the House and Senate Committees on Appropriations in advance,
in writing, and may not be implemented prior to approval by
the Committees.
LABORATORY DIRECTED RESEARCH AND DEVELOPMENT
The conference agreement does not include bill language
proposed by either the House or the Senate regarding the
Laboratory Directed Research and Development (LDRD) program.
The conferees recognize the benefits of LDRD and expect LDRD
activities to continue at previously authorized levels.
However, when accepting funds from another federal agency
that will be used for LDRD activities, the Department of
Energy shall notify that agency in writing how much will be
used for LDRD activities. In addition, the conferees direct
the Secretary of Energy to include in the annual report to
Congress on all LDRD activities an affirmation that all LDRD
activities derived from funds of other agencies have been
conducted in a manner that supports science and technology
development that benefits the programs of the sponsoring
agencies and is consistent with the Appropriations Acts that
provided funds to those agencies.
ADDITIONAL DEPARTMENT OF ENERGY REQUIREMENTS
The conferees agree with the House report language and
support the reporting requirements for basic research for
energy technologies, independent centers, augmenting Federal
staff, budget justification requirements, sale of land, and
reprogramming guidelines.
REDUCTIONS NECESSARY TO ACCOMMODATE SPECIFIC PROGRAM DIRECTIONS
The Department is directed to provide a report to the House
and Senate Committees on Appropriations by January 15, 2002,
on the actual application of any general reductions of
funding or use of prior year balances contained in the
conference agreement. In general, such reductions should not
be applied disproportionately against any program, project,
or activity. However, the conferees are aware there may be
instances where proportional reductions would adversely
impact critical programs and other allocations may be
necessary.
Energy Supply
The conference agreement provides $666,726,000 for Energy
Supply instead of $639,317,000 as proposed by the House and
$736,139,000 as proposed by the Senate. The conference
agreement does not include bill language proposed by the
Senate earmarking funds for certain purposes.
Renewable Energy Resources
The conference agreement provides $396,000,000 instead of
$376,817,000 as proposed by the House and $435,600,000 as
proposed by the Senate for renewable energy resources. The
conference agreement does not include language specifying
funding allocations as contained in the separate House and
Senate reports.
Biomass/biofuels.--The conference agreement includes
$93,000,000 for biomass/biofuels. The conferees have combined
the subprograms for power systems and transportation into a
single program for biomass/biofuels and no longer provide
separate allocations for power systems and transportation.
The conference agreement includes $2,500,000 to support a
cost-shared Agricultural Waste Methane Power Generation
Facility in California; $2,000,000 to support a cost-shared
agricultural mixed waste biorefinery in Alabama using the
thermal depolymerization technology; $1,500,000 to support
the Black Belt Bioenergy Demonstration Project in Alabama;
$1,000,000 for microcombustion research at Oak Ridge National
Laboratory in collaboration with the technology's inventor;
$2,000,000 for the Biorenewable Resource Consortium;
$3,000,000 for the Iroquois Bio-Energy Cooperative project in
Indiana; $3,000,000 for the Gridley Rice Straw project in
California; and $1,000,000 for the switchgrass project of the
Great Plains Institute for Sustainable Development in
Minnesota.
The conference agreement includes $4,000,000 for the Iowa
switchgrass project; $1,000,000 for the Consortium for Plant
Biotechnology Research; $3,000,000 for the McNeil biomass
plant in Burlington, Vermont, and $750,000 for the methane
energy and agriculture development project in Tillamook Bay,
Oregon. The conference agreement includes $1,000,000 for the
continuation and expansion of the ongoing demonstration of
the oxygenated diesel fuel particulate matter emission
reduction project in Clark County, Nevada, the cities of
Riverside, Compton, Linwood, and Pasadena, California, and
Ventura County, California; $2,000,000 for the Michigan
Biotechnology Initiative; $3,000,000 for the Prime LLC of
South Dakota integrated ethanol complex, including an ethanol
unit, waste treatment system, and enclosed cattle feed lot;
$300,000 for the Biomass Energy Resource Center project in
Vermont; $2,000,000 to continue the Sealaska ethanol project
(subject to a non-Federal match) at the fiscal year 2001
level; $3,000,000 for the Biomass Gasification Research
Center in Birmingham, Alabama; and $3,000,000 for the Winona,
Mississippi, biomass project, where the current investment in
the plant shall count as the required demonstration project
cost share. The conferees direct the Department to continue
funding for the Energy and Environment Research Center at
last year's level. The conferees encourage the Department to
continue the integrated approach to bioenergy activities and
recommend the use of up to $18,000,000 within available funds
for the Integrated Biomass Research and Development Program.
The conferees urge the Department to form strong public-
private-university partnerships in this program.
Geothermal.--The conference agreement includes $29,000,000
for geothermal activities. The conference agreement includes
sufficient funding to maintain university research on
geothermal technologies at the fiscal year 2001 funding level
of $2,600,000. The conference agreement also includes
$2,000,000 in final funding for the Lake County Basin
geothermal project in Lake County, California; $2,000,000 for
the Santa Rosa geysers project in California; $2,500,000 for
Geopowering the West; and $1,000,000 for the UNR Geothermal
Energy Center demonstration project.
Hydrogen.--The conference agreement includes $31,000,000
for hydrogen activities. The conference agreement includes
$1,000,000 for the Fuel Cell Technology Assessment and
Demonstration at the University of Alabama at Birmingham;
$350,000 for the Big Sky Economic Development Authority
demonstration fuel cell technologies; $500,000 for the
gasification of Iowa switchgrass and its use in fuel cells;
$1,500,000 for the ITM Syngas project; $1,500,000 for the
fuel cell installation project at Gallatin County, Montana;
and $1,000,000 for continued demonstration of the hydrogen
locomotive and front-end loader projects.
Hydropower.--The conference agreement includes $5,300,000
for hydropower. The conference agreement includes $400,000 to
plan a hydroelectric power generation facility at Gustavus,
Alaska, subject to a local match for construction; and
$1,900,000 for the completion of the Power Creek
hydroelectric project in Alaska. No additional funds will be
made available for this project.
Solar Energy.--The conference agreement includes
$95,000,000 for solar energy programs. The conferees have
combined the concentrating solar power, photovoltaic energy
systems, and solar building technology subprograms into a
single program for solar energy. The conferees urge the
Department to fund these subprograms in roughly the same
proportions as they were funded in fiscal year 2001.
The conference agreement includes $8,700,000 for basic
research/university programs on photovoltaics; $18,500,000 to
continue the thin film partnership program; $3,000,000 for
continuation of the Million Solar Roofs program; $2,000,000
for the Southeast and Southwest photovoltaic experiment
stations; and $3,000,000 for the Navajo electrification
project. The Department is directed to continue with
deployment of the 1.0 MW dish engine and to continue
activities associated with the 25kW dish system.
Additionally, the conferees direct the Department to develop
and scope out an initiative to fulfill the goal of having
1,000 MW of new parabolic trough, power tower, and dish
engine solar capacity supplying the southwestern United
States by the year 2006. A report on this initiative is due
to the House and Senate Committees on Appropriations by March
1, 2002.
The conference agreement includes $4,000,000 for technical
analysis, technical assistance, and the harmonization of
multi-program activities that address the resource
opportunities and electric power needs of the southwestern
United States. The expertise of the National Renewable Energy
Laboratory (NREL) is to be made available through a site
office in Nevada. NREL will provide expertise through a
virtual laboratory concept, serving as a portal for
electronic communications, information sharing, data
warehousing, and partnerships among universities,
researchers, technology developers, and those interested in
deployment.
Wind.--The conference agreement includes $41,000,000 for
wind programs. The conferees have provided $500,000 for the
remote location pilot project at the Toledo Harbor
Lighthouse; $1,000,000 for the Washington Electric
Cooperative wind energy generating facility in Vermont;
$500,000 for the Turtle Mountain Community College project in
North Dakota; $1,000,000 for the Kotzebue project in Alaska;
$250,000 for a wind generation facility to serve St. Paul and
Unalaska, Alaska; and $500,000 for the small wind program
being developed by the Vermont Department of Public Service.
The Wind Powering America initiative is to be continued at
last year's funding level.
Electric energy systems and storage.--The conference
agreement includes $63,000,000 for electric energy systems
and storage. The conferees have combined the subprograms for
high temperature superconducting research and development,
energy storage systems, and transmission reliability into a
single program for electric energy systems and storage.
The conference agreement includes $4,000,000 to initiate
field testing of aluminum ceramic fiber composite conductors;
$1,000,000 for the fuel cell powered home using the Smart
Energy Management Control System in Alabama; $2,000,000 for
the UADispatch Outage Management System in Alabama;
$3,000,000 for distributed generation demonstration projects
in Indiana, focusing on the problems of interconnection, grid
impact, and remote dispatch; $1,000,000
[[Page H7489]]
to initiate development of a bipolar nickel metal hydride
battery storage system; $2,000,000 for Glenallen power
generation upgrades, including extension of electricity to
residents of Lake Louise; $2,000,000 for the Kachemak Bay
Power System to extend and upgrade marine power cabling to
provide power to the villages of Seldovia, Nanwalek, and Port
Graham, Alaska; $3,000,000 for the Swan Lake-Lake Tyee
electrical intertie pursuant to the Southeast Alaska intertie
authorization enacted into law last year; and $3,000,000 to
complete the Prince of Wales Island electrical intertie. The
conferees note that $20,000,000 has been provided in State
and local funds and this Federal amount represents the final
installment needed to complete the project. The conference
agreement also includes $3,000,000, within available funds,
for NREL for research, development, and demonstration of
advanced thermal energy storage technology integrated with
renewable thermal energy technology. The conferees provide
$500,000 to support the joint effort between New Mexico Tech
and the Natural Energy Laboratory of Hawaii to integrate,
demonstrate, and deploy distributed energy systems.
The conference agreement also includes the budget request
for the proposed work between industrial consortia and
national laboratories to develop high-performance, low-cost,
second-generation, high temperature super-conducting wire.
Renewable Support and Implementation.--The conference
agreement includes $14,500,000 for renewable support and
implementation programs.
The conference agreement provides $1,500,000 for
departmental energy management.
The conference agreement includes $3,000,000 for the
international renewable energy program. Of this amount,
$1,000,000 is to be provided to International Utility
Efficiency Partnerships, Inc., for continuation of joint
implementation project development. The conferees expect the
Department to work with the Department of Commerce, the U.S.
Agency for International Development, and other relevant
agencies, to complete, and begin implementation of, a five-
year strategic plan to open and expand export markets for
U.S. clean energy technologies. The conferees urge the
Administration to include adequate funding for this
initiative in its Fiscal Year 2003 budget submission.
The conference agreement includes $4,000,000 for the
renewable energy production incentive program.
The conference agreement includes $3,000,000 for renewable
Indian energy resources. The conferees expect these funds to
be administered as competitively awarded grants to federally-
recognized tribes throughout the United States.
The conference agreement includes $3,000,000 for renewable
program support, of which $1,500,000 is to support the
National Alliance for Clean Energy Incubators.
National Renewable Energy Laboratory.--The conference
agreement includes $5,000,000 for the National Renewable
Energy Laboratory (NREL), the same as the budget request.
Program direction.--The conference agreement includes
$19,200,000 for program direction, the same as the budget
request.
Nuclear Energy
The conference agreement provides $250,456,000 for nuclear
energy activities instead of $224,130,000 as proposed by the
House and $264,069,000 as proposed by the Senate. The
conference agreement does not include language specifying
funding allocations as contained in the separate House and
Senate reports. Within the funds available, the conferees
include $400,000 for the Secretary to contract with the
nation's sole remaining uranium converter for the purpose of
performing research and development to improve the
environmental and economic performance of U.S. uranium
conversion operations.
Advanced radioisotope power systems.--The conference
agreement includes $29,000,000 to maintain the infrastructure
necessary to support future national security needs and
National Aeronautics and Space Administration missions.
Isotope support.--The conference agreement includes a total
program level of $26,177,000 for the isotope program. This
amount is reduced by offsetting collections of $9,000,000 to
be received in fiscal year 2002, resulting in a net
appropriation of $17,177,000. The conference agreement
includes $2,494,000 for the Isotope Production Facility at
the Los Alamos National Laboratory.
The conferees encourage the Department to continue to
explore the concept of extracting medically valuable isotopes
from the excess uranium 233 stored in Building 3019 at the
Oak Ridge National Laboratory, Tennessee. Within available
funds, the Department is urged to proceed with a Request for
Proposals (RFP) for this project after submission to the
House and Senate Committees on Appropriations of a budget-
quality project plan which presents all costs, including the
estimated life-cycle costs for storage and disposal of the
excess uranium 233, and is crafted in a manner that would not
increase the total costs for decontamination and
decommissioning of Building 3019. The Department is reminded
to consider the end use of the U233-derived material for
clinical trials when preparing the RFP and evaluating
proposals for this project, and may require the contractor to
be capable of meeting the Good Manufacturing Practice
requirements of the Food and Drug Administration with respect
to the production of actinium 225.
University reactor fuel assistance and support.--The
conference agreement includes $17,500,000, $5,526,000 more
than the budget request. The conferees direct the Department
to use the additional resources to begin implementing the
recommendations contained in the April 2001 Final Report of
the University Research Reactor Task Force of the Nuclear
Energy Research Advisory Committee (NERAC), specifically, to
establish geographically distributed regional university
research reactor user facilities and geographically
distributed training and education reactor facilities. The
Department is expected to use a peer-reviewed process in
selecting which facilities will receive Department support,
and to involve fully the nuclear engineering and nuclear
medicine communities in this process. The Department is
directed to report to the House and Senate Committees on
Appropriations by May 31, 2002, on its plan to implement the
NERAC Task Force recommendations. The program should also
include substantial financial support from the nuclear
industry.
Research and development.--The conference agreement
provides $51,000,000 for nuclear energy research and
development activities.
The conference agreement includes $7,000,000, $2,500,000
more than the budget request, for nuclear energy plant
optimization. The conferees direct the Department to ensure
that projects are funded jointly with non-Federal partners
and that the total non-Federal contributions are equal to or
in excess of total Department contributions to projects
funded in this program.
The conferees have provided $32,000,000 for the Nuclear
Energy Research Initiative (NERI).
The conference agreement includes a total of $12,000,000
for nuclear energy technologies, an increase of $7,500,000
over the budget request. The conference agreement includes
$4,000,000 for completion of the Generation IV Technology
Roadmap; and $3,000,000 for advanced reactor development
consistent with the longer term recommendations of the
Generation IV Technology Roadmap and to continue research
begun in the current fiscal year on small, modular nuclear
reactors. The conferees encourage the Department to implement
the recommendations of the Nuclear Energy Research Advisory
Committee's Near-Term Deployment Group to support industry
applications to the Nuclear Regulatory Commission (NRC) for
Early Site Permits, Combined Operating Licenses, and Design
Certifications. The conference agreement provides $3,000,000
to share with industry the cost of these new NRC licensing
processes. The conference agreement also provides $2,000,000
for fuel testing, code verification and validation, and
materials testing at national laboratories in support of
license applications for new reactor designs.
Infrastructure.--The conference agreement provides a total
of $82,529,000. The conference agreement provides $35,357,000
for ANL-West Operations, which includes $2,000,000 for the
advanced test reactor research and development upgrade
initiative. The conference agreement also provides $8,733,000
for Test Reactor Area landlord activities. Funds provided by
the Senate to initiate conceptual design for a remote-handled
transuranic waste facility at ANL-West have been transferred
to the environmental management program.
The conference agreement provides the budget request of
$38,439,000 for the Fast Flux Test Facility (FFTF). No funds
may be obligated for any purpose other than deactivation at
FFTF until 90 days after receipt of the Secretary's
recommendations for alternative actions at FFTF and the
approval of those recommended alternative actions by the
House and Senate Committee on Appropriations.
Nuclear facilities management.--The conference agreement
provides $30,250,000 as proposed by the House. This amount
includes $4,200,000 for the EBR-II shutdown, $16,200,000 for
the disposition of spent nuclear fuel and legacy
materials, and $9,850,000 for disposition technology
activities.
Program direction.--The conference agreement includes
$23,000,000 for program direction, a reduction of $2,062,000
from the budget request.
Environment, Safety and Health
The conference agreement includes $30,500,000 for non-
defense environment, safety and health activities, which
includes $19,527,000 for program direction. When combined
with $117,688,000 provided for defense environment, safety
and health activities, the conference agreement makes a total
of $148,188,000 available for environment, safety and health
activities, a reduction of $1,912,000 from the total budget
request for these activities. This funding reduction does not
reflect any reduction in the Department's environment,
safety, and health responsibilities, nor in the conferees'
expectation that the Department will fulfill those
responsibilities in a thorough and professional manner.
However, the conferees do expect the Department to take steps
to reduce its current headquarters staffing levels and reduce
its reliance on support contractors to execute its
responsibilities. The conference agreement includes $600,000
to be transferred to the Occupational Safety and Health
Administration for worker health and safety at those sites
transferred to non-Federal entities and for the Department's
non-nuclear facilities not covered under the Atomic Energy
Act.
[[Page H7490]]
Technical Information Management Program
The conference agreement provides $7,770,000, including
$1,400,000 for the Technical Information Management program
and $6,370,000 for program direction.
Funding Adjustments
The conference agreement includes a general reduction of
$18,000,000.
Non-Defense Environmental Management
The conference agreement provides $236,372,000 for Non-
Defense Environmental Management instead of $227,872,000 as
proposed by the House and $228,553,000 as proposed by the
Senate.
The conference agreement includes $43,000,000 for site
closure and $64,119,000 for site/project completion
activities, the same as the budget request. The conferees
encourage the Department to accelerate cleanup along the
Columbia River in Hanford's 300 Area.
Post 2006 completion.--The conference agreement includes
$125,753,000 for Post 2006 completion activities, an increase
of $5,700,000 over the budget request. Additional funding of
$3,700,000 is provided to maintain the cleanup activities at
the Energy Technology Engineering Center in California. The
conference agreement includes $2,000,000 for stabilization
activities at the Atlas uranium mill tailings site in Utah as
proposed by the House.
West Valley.--The conference agreement provides a total of
$90,000,000 for the West Valley Demonstration Site in New
York. However, the conferees remain concerned about the lack
of agreement between the Department and the State of New York
regarding the scope of Federal cleanup activities at the site
and the respective Federal and State cost shares for those
activities. While the recent resumption of negotiations is
encouraging, the lack of agreement remains, as the General
Accounting Office noted, the most significant impediment to
completing cleanup of this site.
The conference agreement provides $90,000,000 for cleanup
activities at the West Valley Demonstration Project in fiscal
year 2002. Funding in subsequent fiscal years shall be
reduced to the minimum necessary to maintain the project in a
safe and stable condition, unless, not later than September
30, 2002, the Secretary: provides written notification to the
House and Senate Committees on Appropriations that an
agreement has been reached with the State of New York
defining the final scope of Federal cleanup activities at the
West Valley site and the respective Federal and State cost
shares for those cleanup activities; submits that proposed
agreement to the House and Senate Committees on
Appropriations; and provides a written certification that the
Federal activities proposed in that agreement will be in full
compliance with all relevant Federal statutes, including the
West Valley Demonstration Project Act of 1980 and the Nuclear
Waste Policy Act of 1982, as amended, and are in the best
interest of the Federal government. The Committees do not
require the Secretary to submit a fully executed final
agreement, but rather a draft agreement sufficiently complete
to demonstrate that all principal issues in dispute have been
resolved.
Excess facilities.--The conference agreement provides
$3,500,000, an increase of $2,119,000 over the budget
request, for excess facilities to begin actual
decontamination and decommissioning of excess facilities
owned by the environmental management program.
Uranium Facilities Maintenance and Remediation
The conference agreement provides $418,425,000 for uranium
activities instead of $393,425,000 as proposed by the House
and $408,725,000 as proposed by the Senate.
Uranium Enrichment Decontamination and Decommissioning
Fund.--The conference agreement includes $299,641,000 for the
uranium enrichment decontamination and decommissioning (D&D)
fund. Additional funding of $27,000,000 is provided for
continued cleanup at Paducah, Kentucky, and $30,000,000 is
provided for continued cleanup at the East Tennessee
Technology Park in Oak Ridge, Tennessee.
The conference agreement does not include funding
recommended in this account by the Senate for uranium
conversion activities. This issue is addressed in the Energy
Supply appropriation account.
Other Uranium Activities.--The conference agreement
provides $123,784,000 for other uranium activities. The
conferees have included the budget request of $110,784,000
for operating expenses associated with the maintenance of
facilities and inventories and pre-existing liabilities and
consolidated the funding for these activities into one
program.
The conference agreement provides the budget request of
$10,000,000 for Project 02-U-101, Depleted Uranium
Hexafluoride Conversion Project, in Paducah, Kentucky, and
Portsmouth, Ohio, and transfers this project from the uranium
enrichment D&D program to other uranium activities.
The conference agreement also provides $3,000,000 as
proposed by the Senate to continue Project 96-U-201, DUF6
Cylinder Storage Yard, at Paducah, Kentucky.
Funding adjustment.--The conference agreement includes the
use of $5,000,000 of prior year unobligated and uncosted
balances.
Science
The conference agreement provides $3,233,100,000 instead of
$3,166,395,000 as proposed by the House and $3,268,816,000 as
proposed by the Senate. The conference agreement does not
include language specifying funding allocations as contained
in the separate House and Senate reports. The conference
agreement does not include bill language proposed by the
Senate earmarking funds for specific purposes.
High energy physics.--The conference agreement provides
$716,100,000 for high energy physics, the same as the budget
request. The conferees encourage strong support for
university research and for research on low temperature
superconductors to support high energy physics requirements.
General Purpose Equipment and General Plant Projects should
be funded for Office of Science laboratories at fiscal year
2001 levels. Funds provided by the Senate for a demonstration
of the mass of the neutrino at the Waste Isolation Pilot
Plant have been transferred to the environmental management
program.
Nuclear physics.--The conference agreement provides
$360,510,000 for nuclear physics, the same as the budget
request. The conferees urge the Department to use these funds
to enhance operation of the Relativistic Heavy Ion Collider
(RHIC) at the Brookhaven National Laboratory and the Thomas
Jefferson National Accelerator Facility in Virginia.
Biological and environmental research.--The conference
agreement includes $527,405,000 for biological and
environmental research. The conferees have included
$11,405,000 to complete the construction of the Laboratory
for Comparative Functional Genomics at the Oak Ridge National
Laboratory. The conference amount includes a total of
$18,000,000 for the low dose effects program; $3,500,000 in
additional funding for computer upgrades and capital
equipment costs at the Environmental Molecular Science
Laboratory; and includes funding to continue the free air
carbon dioxide experiments at the fiscal year 2001 level.
The conference agreement includes $2,600,000 for the
positron emission tomography center at the University of
South Alabama; $4,000,000 for the Gulf Coast Cancer Center
and Research Institute; $2,000,000 for the University of
Alabama at Birmingham center for nuclear magnetic resonance
imaging; $1,000,000 for University of South Alabama research,
in cooperation with industry and the Cooperative Research
Network of the National Rural Electric Cooperative
Association, on a fuel cell powered home using the Smart
Energy Management Control System; $1,650,000 for the new
library and regional resource learning center at Spring Hill
College; $100,000 for the South Alabama Medical Education
Outreach Program; $2,250,000 for the University of Florida
Genetics Institute; $2,700,000 for a new linear accelerator
for the Baystate Medical Center; $1,200,000 for the Cancer
Institute of New Jersey; $1,000,000 for the Institute for
Molecular and Biomedical Science at the University of
Arizona; $1,000,000 for the Stanley Scott Cancer Center at
Louisiana State University; $1,000,000 for the Infotonics
Center of Excellence in Rochester, New York; $500,000 for the
Joint Collaboration on Advanced Nanotechnology and Sensors
with the University of New Orleans, Louisiana State
University, and Louisiana Tech; $500,000 for the Breast
Cancer Program at the North Shore--Long Island Jewish Health
System; $500,000 for a functional magnetic resonance imaging
machine at the University of Texas at Dallas and the
University of Texas Southwestern Medical Center's Center for
Brain, Cognition, and Behavior; $500,000 for the Integrated
Environmental Research and Services program at Alabama A&M
University; and $500,000 for the energy efficiency initiative
at the Carolinas Health Care System.
The conference agreement includes $3,000,000 for the
Multidisciplinary Research Facility at the College of
Engineering, University of Notre Dame; $500,000 for a linear
accelerator for the Burbank Regional Cancer Center in
Fitchburg, Massachusetts; $500,000 for Hampshire College's
National Center for Science Education; $1,000,000 for the
Audubon Biomedical Science and Technology Park at Columbia
University; $1,000,000 for the McFadden Science Center at
Texas Wesleyan University; $1,000,000 for the emergency power
supply system at Cedars-Sinai Medical Center; $1,000,000 for
the Rush-Presbyterian-St.Luke's Medical Center; $1,000,000
for a nanoscience facility at Purdue University; $1,000,000
for the Julie and Ben Rogers Cancer Institute; $1,000,000 for
the School of Public Health at the University of South
Carolina; $1,000,000 for the continued development of the
Life Sciences Building at Brown University; $1,000,000 for
environmental modeling at the University of North Carolina at
Chapel Hill; $1,000,000 to support renovation of the Science,
Technology, and Engineering Research Complex at Jackson State
University; and $1,000,000 for the PowerGrid simulator at
Drexel University and the New Jersey Institute of
Technology.
The conference agreement includes $7,000,000 for the
positron emission tomography facility at West Virginia
University; $2,000,000 for a linear accelerator for the
University Medical Center of Southern Nevada; $250,000 for
the research foundation of the University of Nevada-Las
Vegas; $200,000 for the University of Nevada-Las Vegas to
continue study of the biological effects of exposure to low-
level radioactivity; $500,000 for a biomolecular nuclear
magnetic resonance instrument at the Medical University of
South Carolina; $1,000,000 for the Oncology Center of the
Medical University of South Carolina; $3,000,000 for the
National Center of Excellence in Photonics and Microsystems
in New
[[Page H7491]]
York; $500,000 for the Institute of Comparative Genomics at
the American Museum of Natural History; $750,000 for the
Inland Northwest Natural Resources Research Center at Gonzaga
University; $500,000 for the Hall of Paleontology at the
Field Museum; $500,000 for the Center for Catalysis at Iowa
State University; $1,000,000 for the Human Genome Project at
the University of Southern California; $500,000 for
biomedical research at Creighton University; $500,000 for the
Child Health Institute of New Brunswick, New Jersey; $500,000
for the Oregon Renewable Energy Center; $1,000,000 for
superconductor research at Boston College; $500,000 for the
Natural Energy Laboratory in Hawaii; and $800,000 for the
Rochester Institute of Technology microelectronics technology
program.
The conference agreement includes $11,000,000 for
operations and capital investment at the Mental Illness and
Neuroscience Discovery Institute; and $2,000,000 for the
University of Missouri-Columbia to expand the federal
investment in the university's nuclear medicine and cancer
research capital program.
Basic energy sciences.--The conference agreement includes
$1,003,705,000 for basic energy sciences. The conference
agreement includes the full amount of the budget request for
the Spallation Neutron Source and the SPEAR 3 upgrade at the
Stanford Synchrotron Radiation Laboratory. The conferees have
included $3,000,000 to initiate project engineering and
design (PED) for three user facilities for nanoscale science
research (Project 02-SC-002), and the budget request of
$7,685,000 for the Experimental Program to Stimulate
Competitive Research (EPSCoR). For purposes of reprogramming
in fiscal year 2002, the Department may reallocate funding
among all operating accounts within Basic Energy Sciences.
Advanced scientific computing research.--The conference
agreement includes $158,050,000 for advanced scientific
computing research (ASCR). The conferees support the use of
available funds for the Scientific Discovery Through Advanced
Computing (SciDAC) program and for terascale operating
systems development. The conferees urge the Department to
maximize the involvement of universities in the ASCR program,
so that both the Department and the academic community can
share in the latest technology developments in this field.
Energy research analyses.--The conference agreement
includes $1,000,000 for energy research analyses, the same
amount provided by the House and the Senate.
Multiprogram energy labs--facility support.--The conference
agreement includes $30,175,000 for multi-program energy labs-
facility support, the same as the budget request.
Fusion energy sciences.--The conference agreement includes
$248,495,000, as proposed by both the House and Senate, for
fusion energy sciences.
Facilities and infrastructure.--The conference agreement
includes $10,000,000 for a new Facilities and Infrastructure
program, as proposed by the House, to address infrastructure
needs at the Department's science laboratories.
Safeguards and security.--The conference agreement includes
$55,412,000 for safeguards and security activities at
laboratories and facilities managed by the Office of Science.
Program Direction.--The conference agreement includes
$139,960,000 for program direction. This amount includes
$63,000,000 for field offices, $72,500,000 for headquarters,
and $4,460,000 for science education. The control level for
fiscal year 2002 is at the program account level of program
direction.
Funding adjustments.--A general reduction of $12,800,000
has been applied to this account, as well as the security
charge for reimbursable work of $4,912,000 included in the
budget request.
Nuclear Waste Disposal
The conference agreement provides $95,000,000 for Nuclear
Waste Disposal, instead of $133,000,000 as proposed by the
House and $25,000,000 as proposed by the Senate. When
combined with the $280,000,000 appropriated from the Defense
Nuclear Waste Disposal account, a total of $375,000,000 will
be available for program activities in fiscal year 2002. The
conference agreement includes not to exceed $2,500,000 for
the State of Nevada and $6,000,000 for affected units of
local government.
The conferees direct the Department to focus all available
resources on completing a quality Site Recommendation report,
and the accompanying final Environmental Impact Statement
(EIS), in a timely manner. The final Site Recommendation and
final EIS were due in July 2001, and the conferees expect
that these will be delivered to Congress no later than
February 28, 2002. The conferees acknowledge that certain
scientific and engineering work is directly related to the
Site Recommendation and to resolving the technical concerns
of the NRC and the Nuclear Waste Technical Review Board, and
that such work should not automatically terminate upon
submission of the Site Recommendation. However, if the Site
Recommendation is negative, the conferees expect the
Department to terminate promptly all such activities and take
the steps necessary to remediate the site.
DEPARTMENTAL ADMINISTRATION
(Including Transfer of Funds)
The conference agreement provides $210,853,000 for
Departmental Administration expenses instead of $209,611,000
as proposed by the House and $208,948,000 as proposed by the
Senate. Funding adjustments include a transfer of $22,000,000
from Other Defense Activities and the use of $10,000,000 of
prior year balances. Revenues of $137,810,000 are estimated
to be received in fiscal year 2002, resulting in a net
appropriation of $73,043,000.
The conference agreement does not include language proposed
by the House allowing the Department to transfer funds
previously appropriated for Year 2000 (Y2K) activities to
this account. The Y2K funds expired on September 30, 2001.
Specific funding levels for each Departmental organization
are provided in the accompanying table.
Office of Management, Budget and Evaluation.--The
conference agreement provides $107,000,000 for the Office of
Management, Budget and Evaluation. This is a new organization
created by merging the Office of Management and
Administration with the Office of the Chief Financial Officer
(including the Office of Engineering and Construction
Management). This reorganization is expected to improve
program and project management by bringing together
acquisitions, performance appraisals, and funding decisions.
The conferees expect the Department to increase the current
staffing levels and fully fund the program activities of the
Office of Engineering and Construction Management.
Corporate Management Information Program.--The conferees
have provided a total of $15,000,000 for the Department's
Corporate Management Information Program in two accounts:
$5,000,000 in Departmental Administration and $10,000,000 in
Other Defense Activities. The Department had requested a
total of $20,000,000 in the Other Defense Activities account.
Reprogramming guidelines.--The conference agreement
provides reprogramming authority of $1,000,000 or 10 percent,
whichever is less, within the Departmental Administration
account without submission of a reprogramming to be approved
by the House and Senate Committees on Appropriations. No
individual program account may be increased or decreased by
more than this amount during the fiscal year using this
reprogramming authority. Congressional notification within 30
days of the use of this reprogramming authority is required.
Transfers which would result in increases or decreases in
excess of $1,000,000 or 10 percent to an individual program
account require prior notification and approval.
Office of the Inspector General
The conference agreement provides $32,430,000 for the
Inspector General as proposed by the House instead of
$30,000,000 as proposed by the Senate.
Atomic Energy Defense Activities
NATIONAL NUCLEAR SECURITY ADMINISTRATION
The National Nuclear Security Administration (NNSA), a
semi-autonomous agency within the Department of Energy,
manages and operates the Nation's nuclear weapons, nuclear
nonproliferation, and naval reactors activities.
Nuclear posture review.--The conferees have provided a
significant increase above the President's budget request and
above the House bill in nuclear weapons activities, to
include refurbishment of specific nuclear weapons as well as
generic nuclear weapons-related process and infrastructure
improvements. The basis for providing these additional funds
is informal information provided by the NNSA at the
Committees' request, rather than a formal budget request from
the Administration. The information largely addresses on-
going programs and generic process improvements, and does not
identify the need to develop a specific new nuclear weapon in
fiscal year 2002. The conferees agree that these investments
are vital to ensuring that the NNSA can efficiently support
Department of Defense schedules and requirements to maintain
the highest levels of performance for our nation's nuclear
weapons, while maximizing safety for NNSA employees and
contractors performing the stockpile stewardship mission.
The conferees are concerned that NNSA not spend funds early
in fiscal year 2002 that turn out to be wasted effort once
the Nuclear Posture Review and its implementation by the
Administration and the Congress is completed. The conferees
are also concerned that the NNSA not spend funds in fiscal
year 2002 that presuppose the outcome of the Nuclear Posture
Review or thwart the ability of Congress to provide effective
and timely oversight. It is the conferees' intent and
instruction that the NNSA use the funds in its budget request
and the additional funds provided herein for nuclear weapons
activities only for generic process and infrastructure
improvements and to continue on-going weapon refurbishment
activities. NNSA should minimize weapon-unique investments in
fiscal year 2002 in those instances where NNSA knows today
that there is uncertainty about the long-term viability of
the nuclear weapon or its delivery system. The NNSA may not
use funds in fiscal year 2002 to initiate new weapons
development programs or to initiate new warhead refurbishment
programs that have not been formally identified to and
approved by the Congress, other than through formal written
reprogramming requests to the Armed Services and
Appropriations Committees of Congress.
The conferees are concerned in particular about the W-80
warhead refurbishment for air-launched cruise missiles. The
Department of Energy has the means to extend the life of the
W-80 warhead by tens of years, yet
[[Page H7492]]
the Department of Defense has yet to budget any funds to
extend the life of its air-launched cruise missiles. Even if
the life of the W-80 warhead and cruise missile were extended
in an integrated and synchronized manner, the question of the
desirability of extending the life of the B-52 aircraft fleet
(already 40 years old) for a similar extended timeframe would
need to be addressed by both the Administration and Congress.
Because of the uncertainty surrounding these issues, the
conferees designate funding for W-80 warhead life extension
in fiscal year 2002 to be of special interest. Use of fiscal
year 2002 funds for the unique costs to develop or implement
W-80 warhead refurbishment that involve long-term life
extension require advance written notification to and
approval by the Armed Services and Appropriations Committees
of Congress.
NNSA budget justifications.--The conferees agree that NNSA
budget justification material for major nuclear weapon
acquisition programs is currently not sufficient to assure
adequate Congressional oversight of these very important
programs. NNSA, in conjunction with the Department of
Defense, is expected to propose significant investment in
strategic weapon systems (to include refurbishments and
life extensions) during the next 10 years to meet military
requirements once the Administration's Nuclear Posture
Review is completed. The Congress will have to examine
these proposals in detail and will likely be asked to
agree to higher levels of annual spending for these
initiatives. It is vital that NNSA articulate the
investment costs and benefits of such proposals in a clear
and consistent manner.
The conferees direct the Administrator to submit Selected
Acquisition Reports (SAR) once a year to the Armed Services
and Appropriations Committees of Congress, to accompany the
fiscal year 2003 and subsequent President's Budgets. The
reports should be similar in content and format to those
submitted to Congress by the Department of Defense pursuant
to section 2432 of Title 10 of United States Code. The NNSA
should identify criteria for designating its major defense
acquisition programs, as the Defense Department has done, and
then report annually on systems which meet them. The NNSA
should also identify criteria for when to start SAR reporting
for a given weapon system, and when to end it. SAR systems
are generally those which require a significant development
cost (hundreds of millions of dollars) or significant
acquisition cost (billions of dollars). The conferees
anticipate that this reporting requirement will not place an
undue burden on the NNSA. If a system is to be refurbished in
a block-approach, the SAR report must address information on
each and all blocks of the program.
The conferees further direct that the Comptroller General
review the NNSA's fiscal year 2003 submission of selected
acquisition reports within 90 days of their submission to
Congress, and assess whether they adequately and thoroughly
identify information equivalent to what the Department of
Defense provides Congress in its SAR reports. The conferees
also direct the NNSA to include detailed information in the
budget justification documents for its fiscal year 2003 and
subsequent President's budget requests to Congress by weapon
system. The budget should clearly show the unique and the
fully-loaded cost of each weapon activity, to include
refurbishments and conceptual study and/or development of new
weapons.
Construction projects.--The conference agreement includes a
significant increase in funding for new and ongoing
construction projects and a new program for facilities and
infrastructure upgrades. While these increases are necessary
to maintain the nuclear weapons complex, the conferees are
concerned that these increases will tax the existing project
management expertise of the NNSA and its contractors. To
ensure that construction project funding is properly
executed, the conferees direct the NNSA's Office of Project
Management Support to review each of these projects and
verify that the conceptual design and at least 35 percent of
the detailed design are completed before construction funds
are obligated. The NNSA is strongly encouraged to use the
expertise resident in the Department's Office of Construction
and Engineering Management for this purpose.
Nuclear Weapons Council Reporting.--The Armed Services
Committees require annual reporting on the activities of the
Nuclear Weapons Council, a joint Department of Defense and
Energy activity that manages nuclear weapons. This document
is a key tool for the Appropriations and Armed Services
Committees of Congress to perform effective oversight of our
nation's nuclear weapons. The Secretary of Energy submitted
the fiscal year 2000 report (dated October 1, 2000) on
September 26, 2001. The conferees question the utility of a
report (under 20 pages) whose information is about a year old
when submitted, and whether the Departments of Energy and
Defense take seriously the need to responsibly support
Congressional oversight of nuclear weapons on a timely basis.
Reports to Congress on a previous fiscal year's activities,
to be relevant to the authorization and appropriations
process, should be submitted for Committees to use during
their hearings in the spring of the following year. Waiting
until the end of the fiscal year to submit the information
inhibits the hearing process, the authorization process, and
the appropriations process as well as depriving Members of
Congress charged with an important oversight responsibility
from effectively performing their duty due to lack of timely
information. The conferees direct the Secretary of Energy to
submit future reports by March 1 of each year.
Weapons Activities
The conference agreement provides $5,429,238,000 for
Weapons Activities instead of $5,123,888,000 as proposed by
the House and $6,062,891,000 as proposed by the Senate. The
Administration's budget request for Weapons Activities was
$5,300,025,000 which included $271,137,000 for program
direction activities. The conference recommendation transfers
all program direction funding to the Office of the NNSA
Administrator account which has the effect of reducing the
fiscal year 2002 budget request for Weapons Activities to
$5,028,888,000. Thus, the conference recommendation is
$400,850,000 over the budget request for nuclear weapons
programmatic activities.
Statutory language proposed by the Senate to earmark funds
for technology partnerships and community reuse organizations
has not been included. The conferees direct the NNSA to fully
utilize technology partnerships supportive of its missions,
including the support of small business interactions
including technology clusters around the laboratories.
Reprogramming.--The conference agreement provides limited
reprogramming authority within the Weapons Activities account
without submission of a reprogramming to be approved in
advance by the House and Senate Committees on Appropriations.
The reprogramming thresholds will be as follows: directed
stockpile work, science campaigns, engineering campaigns,
inertial confinement fusion, advanced simulation and
computing, pit manufacturing and certification, readiness
campaigns, and operating expenses for readiness in technical
base and facilities. This should provide the needed
flexibility to manage these programs.
In addition, funding of not more than $5,000,000 may be
transferred between each of these categories and each
construction project subject to the following limitations:
only one transfer may be made to or from any program or
project; the transfer must be necessary to address a risk to
health, safety or the environment or to assure the most
efficient use of weapons activities funds at a site; and
funds may not be used for an item for which Congress has
specifically denied funds or for a new program or project
that has not been authorized by Congress.
Congressional notification within 30 days of the use of
this reprogramming authority is required. Transfers during
the fiscal year which would result in increases or decreases
in excess of $5,000,000 or which would be subject to the
limitations outlined in the previous paragraph require prior
notification and approval from the House and Senate
Committees on Appropriations.
Directed stockpile work.--The conference agreement includes
$1,045,814,000 for directed stockpile work instead of
$1,043,791,000 as proposed by the House and $1,081,337,000 as
proposed by the Senate.
Campaigns.--The conference agreement consolidates the
individual campaigns into six major groups: science
campaigns, engineering campaigns, inertial confinement
fusion, advanced simulation and computing, pit manufacturing
and certification, and readiness campaigns. Funding for
individual campaigns is shown on the accompanying table.
For science campaigns, the conference agreement provides
$269,703,000, an increase of $8,583,000 over the budget
request. From within available funds, an additional
$25,000,000 is provided for advanced radiography to continue
research, development and conceptual design for an advanced
hydrodynamic test facility, including further development and
evaluation of proton radiography techniques.
For engineering campaigns, the conference agreement
provides $245,225,000, an increase of $9,469,000 over the
budget request, to meet additional program requirements.
For inertial confinement fusion, the conference agreement
provides $506,443,000, an increase of $39,500,000 over the
budget request, and includes several program funding
adjustments. The conference agreement includes $10,000,000
for the Naval Research Laboratory, the same as the budget
request. Funding of $24,500,000 has been provided to further
development of high average power lasers.
The conference agreement includes $35,450,000 for the
Laboratory for Laser Energetics at the University of
Rochester, an increase of $2,000,000 over the budget request,
to be used for development of critical short-pulse laser
technologies that should be extensible to producing very high
power laser capability on the National Ignition Facility as
well as existing large fusion research lasers like Omega.
The conference agreement provides an additional $7,000,000
for enhanced National Ignition Facility (NIF) diagnostics and
cryogenic target activities, and $245,000,000, the same as
the budget request, for continued construction of the NIF.
The conferees understand the Department is preparing a
National Petawatt Strategic Plan and support completion of
this initiative, including within the strategic planning the
research and development of supporting technologies necessary
to ensure U.S. leadership in ultra-short-pulse laser
technology. Funding of $3,000,000 is provided for conceptual
and preliminary engineering design
[[Page H7493]]
studies for a petawatt-class laser at the Sandia National
Laboratory's Z machine, and $1,000,000 is provided to
initiate development of critical short-pulse laser
technologies like damage-resistant gratings.
The conferees strongly support university participation in
this program and have provided $9,886,000 for university
grants/other ICF support, an increase of $4,500,000 over the
budget request. This includes $2,500,000 to complete the
installation and initiate operation of a petawatt laser or
high-power, short-pulse laser at the University of Nevada-
Reno. The conferees believe that early access to an operating
petawatt-class laser will provide opportunities for exploring
technology options to incorporate in the next generation of
petawatt lasers. The conferees direct the Department to
provide a monthly status report to the House and Senate
Committees on Appropriations on the status of the University
of Nevada-Reno project. The conferees have included the
additional $2,000,000 for university grants to encourage
greater participation of universities in the Department's
programs and as a means of training new scientists in high
energy density and laser physics.
For advanced simulation and computing, the conference
agreement provides $729,847,000, a decrease of $8,185,000
from the budget request. The reduction in operating expenses
should be taken against lower priority activities. The
conference agreement allocates funding of $8,400,000 for
Project 01-D-101, the Distributed Information Systems
Laboratory at Sandia; $22,000,000 for Project 00-D-103, the
Terascale Simulation Facility at Livermore; and $13,377,000
for Project 00-D-107, the Joint Computational Engineering
Laboratory at Sandia. Each of these projects has experienced
significant reductions in prior years due to funding
constraints.
For pit manufacturing and certification, the conference
agreement provides $219,000,000, an increase of $90,455,000
over the budget request of $128,545,000. On September 28,
2001, the NNSA Administrator notified the House and Senate
Committees on Appropriations that the fiscal year 2002
projected cost for pit manufacturing and certification was
$213,000,000. In addition, the conferees have provided the
budget request of $2,000,000 for pit manufacturing and
certification activities not specifically supporting the W88
and $4,000,000 for preconceptual design activities for a new
pit manufacturing facility. From within the funds provided,
the conference agreement includes full funding for
subcritical experiments to be performed at the Nevada Test
Site. Additional funding is provided within the Readiness in
Technical Base and Facilities program to support facilities
and activities critical to the success of the pit
manufacturing and certification campaign.
For readiness campaigns, the conference agreement provides
$196,886,000, an increase of $31,869,000 over the budget
request. This includes, at a minimum, an additional
$24,000,000 for the Y-12 Plant in Oak Ridge, Tennessee. No
funding is provided for Project 98-D-126, Accelerator
Production of Tritium, the same as the budget request.
For readiness in technical base and facilities, the
conference agreement provides $1,553,124,000, an increase of
$106,136,000 over the budget request, and includes several
funding adjustments.
Within funds provided for operations of facilities, the
conferees direct that, at a minimum, an additional
$25,000,000 be provided for the Pantex Plant in Texas and an
additional $10,000,000 be provided for the Y-12 Plant in Oak
Ridge, Tennessee. The conference agreement also includes an
additional $10,000,000 for the Z machine refurbishment at
Sandia; $10,000,000 to consolidate and enhance counter-
terrorism activities and programs at the National Center
for Combating Terrorism at the Nevada Test Site; and
$1,500,000 for technology partnerships with industry as
proposed by the Senate.
The conference agreement does not provide additional
funding to process uranium-233 as proposed by the Senate.
This issue is addressed in the Energy Supply account.
Within funds provided for program readiness, the conference
agreement includes additional funding of $10,000,000 for the
operation of pulsed power facilities at Sandia National
Laboratory. Additional funding of $9,094,000 above the budget
request is provided to maintain Nevada Test Site readiness
and maintain materials processing and component manufacturing
readiness consistent with the 1993 Presidential directive
concerning underground nuclear testing.
Within funds provided for special projects, the conference
agreement includes $1,000,000 for the Remote Sensing
Laboratory to enhance pilot proficiency, aircraft safety, and
aviation support elements; $1,000,000 for final funding for
the tumor registry in the State of Nevada; $250,000 to
prepare a plan to preserve the history of the Manhattan
project; $1,000,000 for installation of exhibits at the
Atomic Testing History Institute; and the budget request for
the Los Alamos County Schools and the New Mexico Education
Enrichment Foundation.
The conference agreement includes $90,310,000 for materials
recycling, $8,199,000 for containers, $10,643,000 for
storage, and $88,923,000 for nuclear weapons incident
response, as proposed by the Senate.
For construction projects, the conference agreement
includes several adjustments to the budget request. Funding
of $22,830,000 is provided for Project 02-D-103, Project
Engineering and Design (PE&D), including $4,000,000 for
architecture and engineering services for modernization of
surface support facilities for the U1A complex at the Nevada
Test Site; $4,750,000 for Project 02-D-105, Engineering
Technology Complex Upgrade at Livermore; $3,507,000 for
Project 02-D-107, Electrical Power Systems Upgrades at the
Nevada Test Site; $16,379,000 for Project 01-D-103, PE&D,
including $2,693,000 for electrical power systems upgrades at
the Nevada Test Site; $67,000,000 for Project 01-D-108,
Microsystems and Engineering Sciences Applications Complex at
Sandia; and $2,000,000 for Project 99-D-108, Renovate
Existing Roadways at the Nevada Test Site. No funds are
provided for Project 01-D-124, HEU Storage Facility at the Y-
12 Plant in Tennessee.
Funding of $3,300,000 is provided for Project 01-D-107,
Atlas Relocation at the Nevada Test Site. The total estimated
cost of this project has increased by $4,123,000 to
$16,312,000.
Facilities and Infrastructure.--The conference agreement
includes $200,000,000 to establish a new program for
facilities and infrastructure (F&I). The Department had
requested no funding for this program. The conferees agree
with the House report language on the F&I program and direct
that at least 25 percent of this funding be used to dispose
of excess facilities that will provide the greatest impact on
reducing long-term costs and risks.
Secure Transportation Asset.--The conference agreement
provides $123,300,000 as proposed by the Senate, an increase
of $1,500,000 over the budget request.
Safeguards and security.--The conference agreement includes
$448,881,000, the same as the budget request, for safeguards
and security activities at laboratories and facilities
managed by the National Nuclear Security Administration.
Program direction.--The budget request included
$271,137,000 for program direction activities in this
account. The conference agreement transfers this funding to
the Office of the NNSA Administrator account.
Funding adjustments.--The conference agreement includes an
adjustment of $28,985,000 for a security charge for
reimbursable work, as proposed in the budget, and a general
reduction of $80,000,000.
Defense Nuclear Nonproliferation
The conference agreement provides $803,586,000 for Defense
Nuclear Nonproliferation instead of $845,341,000 as proposed
by the House and $880,500,000 as proposed by the Senate. The
Administration's budget request for Defense Nuclear
Nonproliferation was $773,700,000 which included $51,459,000
for program direction activities. The conference
recommendation transfers all program direction funding to the
Office of the NNSA Administrator account which has the effect
of reducing the budget request for Defense Nuclear
Nonproliferation to $722,241,000. Thus, the conference
recommendation is an increase of $81,345,000 over the budget
request.
Statutory language proposed by the Senate to earmark
funding for official reception and representation expenses
has not been included. This activity is funded in the Office
of the NNSA Administrator account.
Limitation on Russian and Newly Independent States' (NIS)
program funds.--The conferees are concerned about the amount
of funding for Russian and NIS programs which remains in the
United States for Department of Energy contractors and
laboratories rather than going to the facilities in Russia
and the NIS. The conferees expect the Department to continue
to increase the level of funding provided to Russia versus
the funding which remains in the United States for Department
of Energy contractors and laboratories in each subsequent
year. The conferees direct the Department to apply the lowest
possible laboratory overhead rates and to increase the
percent of funding spent in Russia. The Department is to
provide a report to the House and Senate Committees on
Appropriations by January 31, 2002, and each subsequent year
on the amount of funding provided to Russia and NIS in each
program area. The Department should work with the
Committees on the specific information to be included in
the report.
Nonproliferation and verification research and
development.--The conference agreement provides $244,306,000
for nonproliferation and verification research and
development. This includes $19,510,900 for ground-based
systems for treaty monitoring, an increase of $7,000,000 over
the budget request. From within available funds, $4,000,000
is provided to establish the Remote Systems Test and
Engineering Center at the Remote Sensing Laboratory and
$2,500,000 for the Incorporated Research Institutions for
Seismology PASSCAL Instrument Center. The Department is urged
to review the potential value of the Caucasus Seismic
Information Network to the nuclear explosion monitoring
national security mission.
The conferees continue to support more opportunity for open
competition in appropriate areas of the nonproliferation and
verification research and development program. The conferees
expect the Department to continue to implement
recommendations provided by the external review group in
support of open competition and direct the Department to
initiate a free and open competitive process for at least 25
percent of its research and development activities during
fiscal year 2002 for ground-based systems treaty monitoring.
The competitive process should be open to all Federal and
non-Federal entities.
Arms control.--The conference agreement provides
$75,741,000 for arms control activities, instead of the
budget request of
[[Page H7494]]
$101,500,000, due to several funding transfers. The
conference agreement transfers $4,000,000 for the Second Line
of Defense program to the International Materials Protection,
Control and Accounting program. Funding of $28,759,000 for
the NIS nonproliferation program for the Initiatives for
Proliferation Prevention and the Nuclear Cities Initiative
has been transferred to a new program, ``Russian Transition
Initiatives.'' Funding of $15,945,000, an increase of
$7,000,000 over the budget request, has been provided for
spent nuclear fuel activities in Kazakhstan. No additional
funds are provided for spent nuclear fuel storage and a
geologic repository in Russia.
International materials protection, control and accounting
(MPC&A).--The conference agreement includes $173,000,000 for
the MPC&A program including $4,000,000 for the Second Line of
Defense program which was transferred from the Arms Control
program.
Russian Transition Initiatives.--The conference agreement
provides $42,000,000 for the Initiatives for Proliferation
Prevention program and the Nuclear Cities Initiative. These
programs were transferred from the arms control program. The
conferees expect the Department to provide a single program
manager responsible for both programs and have provided the
Department the flexibility to allocate the funding between
the two programs. The program manager should also ensure
close coordination with other Federal agencies that direct
money to scientists working in closed cities.
HEU transparency implementation.--The conference agreement
provides $13,950,000, the same as the budget request.
International nuclear safety.--The conference agreement
provides $10,000,000 for the international nuclear safety
program, a reduction of $3,800,000 from the budget request.
This funding is to be used only for activities in support of
completing the upgrades to Soviet-designed nuclear reactors.
From within available funds, the conference agreement
provides $1,500,000 to transfer and implement proven U.S.-
developed Mechanical Stress Improvement Process technology
requested by the Russian Federation. The Department is to
provide a status report on the progress of this project by
March 31, 2002.
Fissile materials disposition.--The conference agreement
provides $302,422,000 for fissile materials disposition, an
increase of $12,333,000 over the budget request. Limitations
on the amount of funding which remains in the United States
shall not apply to the fissile material disposition programs.
The conference agreement includes $5,000,000 to support the
joint United States-Russian program to develop an advanced
reactor for plutonium disposition. The United States should
take advantage of this technology for a possible next
generation nuclear power reactor for United States and
foreign markets. Therefore, the Department should explore
opportunities to develop and exploit this technology for
commercial purposes.
The conferees are concerned that the Administration's
consideration of alternative plutonium disposition and
management scenarios, combined with a much lower than
expected budget request, have introduced substantial
instability into both the Russian and U.S. components of the
plutonium disposition program. The conferees regard this
program as one of the most important nonproliferation
initiatives undertaken between the United States and Russia.
It is also closely integrated into the Department's
environmental cleanup and material management programs. The
instabilities injected into this program are jeopardizing the
future of this program, both in this country and in Russia,
and may result in the permanent loss of this significant
opportunity.
The conferees understand that the issue of plutonium
disposition at the Savannah River Site will be fully
addressed in the Fiscal Year 2002 Defense Authorization Act.
However, the conferees direct the Secretary of Energy to
consult with the Governor of the State of South Carolina
regarding any decisions or plans of the Secretary related to
the disposition of surplus defense plutonium located at the
Savannah River Site. The Secretary is also directed to submit
to Congress a plan for disposal of surplus defense plutonium
currently located at the Savannah River site and for disposal
of defense plutonium and defense plutonium materials to be
shipped to the Savannah River Site in the future. This plan
is due by February 1, 2002.
The conferees further direct the Secretary to provide 30
days notice to the House and Senate Committees on
Appropriations before resuming shipments of defense plutonium
and defense plutonium materials to the Savannah River Site.
Until further approval from the Committees on
Appropriations, the conferees expect that funds set aside for
plutonium disposition in Public Law 105-227, the Omnibus
Consolidated and Emergency Supplemental Appropriations Act,
1999, shall only be used in a manner consistent with the
current plutonium disposition program.
At the request of the Department, the conference agreement
makes the following changes to the Department's budget
request. Funding of $5,000,000 is reallocated from Project
99-D-141, the Pit Disassembly and Conversion Facility, to
operating expenses in support of this project. Funding of
$29,340,000, an increase of $5,340,000 over the budget
request, is provided for Project 01-D-407, the HEU Blend Down
Project. Funding of $65,993,000, an increase of $2,993,000
over the budget request, is provided for Project 99-D-143,
the Mixed Oxide Fuel Fabrication Facility. These increases
totaling $8,333,000 are funded through balances remaining
from prior year construction projects.
Program direction.--The budget request included $51,459,000
for program direction activities in this account. The
conference agreement transfers this funding to the Office of
the NNSA Administrator account.
Funding adjustments.--The conference agreement includes
funding adjustments of $57,833,000. This includes the use of
$42,000,000 of prior year balances, as requested in the
budget; $8,333,000 from prior year balances in fissile
materials disposition construction projects; and $7,500,000
from prior year unobligated and uncosted balances.
Naval Reactors
The conference agreement provides $688,045,000 for Naval
Reactors, the same as the budget request.
Office of the Administrator
The conference agreement provides $312,596,000 for the
Office of the Administrator instead of $10,000,000 as
proposed by the House and $15,000,000 as proposed by the
Senate. The conference agreement consolidates program
direction funds of $337,596,000 requested in the weapons
activities, defense nuclear nonproliferation, and office of
the administrator appropriation accounts. Total funding of
$312,596,000 has been provided, a reduction of $25,000,000
from the original request. This reduction anticipates
efficiencies to be gained through this consolidation and the
use of prior year unobligated balances from the three merged
program direction accounts.
The conferees do not support increasing the total number of
staff in the NNSA. While there is broad agreement that NNSA
may not have the appropriate skill mix in its existing work
force, there is also broad agreement that simply adding more
people is not the answer.
Statutory language providing $12,000 for official reception
and representation expenses has been included.
Environmental and Other Defense Related Activities
DEFENSE ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT
The conference agreement provides $5,234,576,000 for
Defense Environmental Restoration and Waste Management
instead of $5,174,539,000 as proposed by the House and
$5,389,868,000 as proposed by the Senate. Additional funding
of $1,092,878,000 is contained in the Defense Facilities
Closure Projects account and $153,537,000 in the Defense
Environmental Management Privatization account for a total of
$6,480,991,000 provided for all defense environmental
management activities.
The conference agreement provides for the purchase of not
to exceed 30 passenger motor vehicles as proposed by the
House.
The conferees believe the significant cleanup issues before
the Department at the Paducah Gaseous Diffusion Plant in
Kentucky require continued strong management oversight from
Headquarters. The conferees direct that the Secretary provide
for the management of environmental matters (including
planning and budgetary activities) with respect to the plant
through the Assistant Secretary of Energy for Environmental
Management. The Assistant Secretary shall ensure that direct
communication and thorough consultation exists at all times
between herself and the head of the Paducah environmental
cleanup programs on all relevant matters.
Low level waste disposal.--The conferees agree that the
Department, where cost-effective, should use existing Federal
contracts for the disposal of low-level and mixed low-level
waste at commercial off-site disposal facilities. Further,
before proceeding with any new on-site disposal cell, the
Department is directed to submit to the House and Senate
Committees on Appropriations an objective analysis comparing
the life-cycle costs of on-site versus off-site disposal
alternatives. Such analysis must address the concerns
identified by the General Accounting Office in its recent
report (GAO-01-441), which found that the Department has not
made accurate estimates of waste volumes and transportation
costs when comparing on-site versus off-site alternatives.
Site/Project Completion.--The conference agreement provides
additional funding to mitigate funding shortfalls at the
following sites: $18,000,000 for the Idaho site; $20,000,000
for the Savannah River Site in South Carolina; $34,300,000
for the Hanford site in Richland, Washington; and $7,000,000
for South Valley, Kansas City, Pantex, and Sandia.
The conference agreement includes $9,000,000 to expedite
the remediation and conveyance of up to 2000 acres of land
for the use of Pueblo of San Ildefonso and approximately 100
acres to the County of Los Alamos consistent with the
direction of section 632 of Public Law 105-119.
Funding of $20,000,000 has been provided for a new
construction project, Project 02-D-420, Plutonium Packaging
and Stabilization, at the Savannah River Site. At the request
of the Department, the conference agreement consolidates
funding from the following sources for this project:
$7,500,000 from current and prior year balances in Project
01-D-414, Project Engineering and Design (PE&D); $4,000,000
from prior year balances available from cancellation of
Project 01-D-415, 235-F Packaging and Stabilization project;
and $8,500,000 from prior year balances provided to the
Savannah River Site in fiscal year 2001 for plutonium
stabilization activities.
Funding of $2,754,000 is provided for Project 01-D-414,
Project Engineering and Design, as proposed by the House.
[[Page H7495]]
Post 2006 Completion.--The conference agreement provides
additional funding over the budget request for several
activities. Additional funding of $105,000,000 is provided
for the Idaho site. From within these funds, $15,000,000 is
to initiate activities associated with the demonstration of
waste retrieval at the subsurface disposal area at the Idaho
National Engineering and Environmental Laboratory (INEEL);
$700,000 is to continue conceptual design activities for a
subsurface geosciences laboratory at Idaho; $4,000,000 is for
the Subsurface Science Research Institute operated by the
Inland Northwest Research Alliance and the INEEL; and up to
$750,000 is to evaluate the need for a remote-handled
transuranic waste facility at ANL-West and initiate
conceptual design if needed.
The conferees encourage the Department of Energy to use
alternative dispute resolution to resolve claims relating to
the contract dispute on Pit 9 at Idaho.
Additional funding of $125,000,000 is provided for the
Savannah River Site in South Carolina. From within available
funds, $8,000,000 is provided for the Savannah River Ecology
Laboratory, an increase of $2,000,000 over the budget
request, and $800,000 is provided to continue the
Department's relationship with the University of South
Carolina's Center for Water Resources.
Additional funding of $110,000,000 is provided for the
Hanford site in Richland, Washington, to support the River
Corridor Initiative. From within available funds, $8,481,000
is provided for the hazardous waste worker training program,
an increase of $7,481,000 over the budget request, and
$600,000 is provided for State of Oregon oversight
activities. The Department is expected to continue making
PILT payments at last year's level to counties that have the
Hanford reservation within their boundaries.
Additional funding of $3,400,000 is provided for cleanup
activities at the Nevada Test Site and $3,000,000 to continue
the underground test area groundwater flow characterization
drilling program.
Additional funding of $10,000,000 is provided to continue
remediation, waste management, and nuclear materials
stewardship activities at Los Alamos National Laboratory and
to support New Mexico State Agreements-in-Principal
requirements.
Additional funding of $10,000,000 is provided for cleanup
activities at the Lawrence Livermore National Laboratory.
Additional funding of $28,100,000 is provided to the
Carlsbad field office. This includes $17,100,000 for Waste
Isolation Pilot Plant (WIPP) operations; $7,000,000 to
implement program-wide best practices to optimize waste
processing, develop new technology solutions, and develop a
mobile/modular approach for small quantity sites; $3,000,000
to continue the U.S.-Mexico Border Health Commission/
Materials Corridor Partnership Initiative; and $1,000,000 for
research, development, and initial demonstration in support
of an experiment to be conducted at WIPP to evaluate the mass
of the neutrino.
Office of River Protection.--The conference agreement
provides $1,033,468,000, an increase of $221,000,000 over the
budget request, for the Office of River Protection at the
Hanford site in Washington. Funding of $665,000,000 has been
provided for Project 01-D-416, the Hanford Waste Treatment
Plant, to vitrify the high-level waste in underground tanks.
While the conferees share Washington State's concern
regarding the Administration's inadequate budget request for
the Office of River Protection and Hanford cleanup activities
and recognize the right of the State to levy fines under the
Tri-Party Agreement, the conferees question the
constructiveness of the State's imposition of weekly fines
due to the Department's failure to begin construction on the
waste treatment plant. As demonstrated in this conference,
the conferees continue to adequately support this project and
believe the weekly fines may only be serving to distract site
managers from the mission of cleanup.
Science and technology development.--The conference
agreement provides $255,768,000 for the science and
technology development program. The conference agreement
provides $4,000,000 for the next round of new and innovative
research grants in the environmental management science
program in fiscal year 2002.
The conference agreement includes $4,000,000 for the
international agreement with AEA Technology; $7,000,000 for
the Department's cooperative agreement with the Florida
International University; $27,100,000 for the D&D focus area
program; $33,800,000 for industry and university programs;
$5,000,000 for the Western Environmental Technology Office;
$4,000,000 to continue evaluation, development and
demonstration of the Advanced Vitrification System;
$3,000,000 to continue engineering, development and
deployment of remote monitoring systems for the underground
test area; $5,000,000 for the Diagnostic Instrumentation and
Analysis Laboratory; and $4,350,000 for the university
robotics research program.
Limitation on multi-year funding agreements.--The
Department is directed not to sign any new funding agreement
that commits more than one year of funding for science and
technology activities with any entity. The following types of
agreements are exempt from this direction: basic and applied
research projects that have been competitively awarded;
competitively awarded science and technology projects that
are phased such that funding for the succeeding phases is
contingent upon successful performance, continued scientific
merit, and mission relevance of the work to environmental
management; and projects requiring significant infrastructure
investment which will be cost shared between the Department
and the performing entity. For new science and technology
projects not meeting one of the above exemptions, the
Department shall provide written notification to the
Committees of its intent to enter into an agreement that
commits more than one year of funding a minimum of 60 days
prior to award. This notification must provide a detailed
description of the project, the expected benefits, and a
justification for multiple year funding.
Excess facilities.--The conference agreement includes
$5,000,000, an increase of $3,700,000 over the budget
request, for excess facilities. These funds are to be used to
initiate D&D of excess facilities owned by the environmental
management program.
Safeguards and security.--The conference agreement includes
$205,621,000, the same as the budget request, for safeguards
and security activities at laboratories and facilities
managed by the Office of Environmental Management.
Program direction.--The conferees have provided
$355,761,000, the same as the budget request, for the program
direction account.
Funding adjustments.--The conference agreement includes the
use of $56,770,000 of prior year balances, an increase of
$20,000,000 over the budget request, which funds Project 02-
D-420 at the Savannah River Site. A security charge for
reimbursable work of $5,391,000, the same as the budget
request, is included, and a general reduction of $92,110,000,
due to funding constraints.
defense facilities closure projects
The conference agreement provides $1,092,878,000 as
proposed by the House instead of $1,080,538,000 as proposed
by the Senate. Funding is provided for the following
projects: $620,504,000 for the Rocky Flats Site in Colorado;
$295,299,000 for Fernald, Ohio; $91,000,000 for the Mound
site in Ohio; $16,000,000 for the Ashtabula site in Ohio; and
$16,100,000 for the Columbus environmental management project
in Ohio. The conferees expect the Department to request
adequate funds to keep each of these projects on schedule for
closure by 2006 or earlier.
Funding of $53,975,000 is provided for safeguards and
security. Any savings resulting from safeguards and security
costs are to be retained and used for cleanup activities at
the closure sites.
Defense environmental management privatization
The conference agreement provides $153,537,000 for the
defense environmental management privatization program
instead of $143,208,000 as proposed by the House and
$157,537,000 as proposed by the Senate. The conference
agreement includes $13,329,000 for the Paducah Disposal
Facility in Kentucky, the same as the budget request.
Funding of $52,000,000 has been provided for the Advanced
Mixed Waste Treatment Project (AMWTP) in Idaho, an increase
of $12,000,000 over the budget request of $40,000,000.
Funding for the AMWTP does not include financing and
termination liability costs for fiscal year 2002 that would
be required of the Department of Energy in the unlikely event
of a termination for convenience as stipulated in the project
contract.
Other Defense Activities
The conference agreement provides $544,044,000 for Other
Defense Activities instead of $487,464,000 as proposed by the
House and $564,168,000 as proposed by the Senate. Details of
the conference agreement are provided below.
Security and Emergency Operations
For security and emergency operations funding managed at
Headquarters, the conference agreement provides $250,427,000,
a reduction of $18,823,000 from the budget request. The
conference agreement provides total safeguards and security
funding of $1,004,716,000 which includes $754,289,000 for
safeguards and security activities at Departmental field
offices and facilities. For field sites, this is an increase
of $63,451,000 over fiscal year 2001 funding of $665,178,000
for safeguards and security activities.
Funding of $116,500,000 is provided for nuclear safeguards
and security, including $2,500,000 to procure safety locks to
meet Federal specifications.
The conference agreement provides $44,927,000 for security
investigations, the same as the budget request.
Funding of $10,000,000 is provided for the Corporate
Management Information System in this account, a reduction of
$10,000,000 from the budget request, and $5,000,000 is
provided in the Departmental Administration account.
Program direction.--The conference agreement provides
$79,000,000 for program direction, a decrease of $4,135,000
from the budget request.
Intelligence
The conference agreement includes $40,844,000, the same as
the budget request, for the Department's intelligence
program.
Counterintelligence
The conference agreement includes $46,000,000, a reduction
of $389,000 from the budget request, for the Department's
counterintelligence program.
Advanced Accelerator Applications
The conference agreement provides $50,000,000 to continue
research on advanced accelerator applications, including
$4,500,000
[[Page H7496]]
for research and development of technologies for economic and
environmentally-sound refinement of spent nuclear fuel at the
University of Nevada-Las Vegas; $4,000,000 for reactor-based
transmutation studies; and $1,500,000 for the Idaho
Accelerator Center. No funds are provided for Project 98-D-
126, Accelerator Production of Tritium.
The President's National Energy Policy of May 2001
acknowledged the potential of reprocessing and transmutation
technologies to reduce the quantity and long-term toxicity of
spent nuclear fuel, and recommended further consideration of
such technologies. The Advanced Accelerator Applications
program will provide the technical information to support a
future policy decision on these options.
The Department is directed to prepare a report for Congress
by May 1, 2002, providing a comparison of the chemical and
pyro-reprocessing, accelerator-driven transmutation, and fast
reactor transmutation alternatives, fully disclosing all
waste streams and estimating the life-cycle costs to
construct, operate, and decommission and decontaminate all
necessary facilities. The Department should also compare the
proliferation resistance of the various technologies. The
baseline for all comparisons should be the once-through fuel
cycle as presently used in the United States, and the amount
of spent nuclear fuel presently scheduled for disposal in the
geologic repository. The conferees expect this report to
present the Department's strategy for siting the new
processing and disposal facilities that would be required for
the various reprocessing and transmutation alternatives,
again assuming a capacity sufficient to process the amount of
spent fuel presently scheduled for geologic disposal. The
conferees encourage the participation of international
collaborators, industrial partners, and U.S. universities in
this effort.
Independent Oversight and Performance Assurance
The conference agreement provides $14,904,000, the same as
the budget request, for the independent oversight and
performance assurance program. The conferees are aware that
additional duties for environmental oversight have been
assigned to this office and expect the Department to submit a
reprogramming to transfer an estimated $7,000,000 to support
these oversight activities which have been funded previously
in the environment, safety and health program.
Environment, Safety and Health (Defense)
The conference agreement provides $117,688,000 for defense-
related environment, safety and health activities. From
within available funds, $53,438,000 is provided for health
effects studies and $13,500,000 for the Radiation Effects
Research Foundation, the same as the budget request. The
conferees have provided $5,000,000 to continue a program at
the University of Nevada-Las Vegas for Department-wide
management of electronic records; $1,750,000 for the
University of Louisville and the University of Kentucky to
perform epidemiological studies of workers; and $1,000,000
for health studies of workers at the Iowa Army Ammunition
Plant.
The U.S. government is currently renegotiating its
diplomatic, defense, and economic relationship with the
Government of the Republic of the Marshall Islands (RMI). The
conferees urge the U.S. government to provide a single,
combined package of assistance to support the medical and
public health infrastructure needs of the Marshall Islands
and believe that the negotiations should include discussion
of the transition of the environmental monitoring program to
the RMI.
The conference agreement includes $22,000,000 for program
direction, a reduction of $1,293,000 from the budget request.
Worker and Community Transition
The conference agreement provides $20,000,000 for the
worker and community transition program as proposed by the
Senate. Funding of $900,000 has been provided for
infrastructure improvements at the former Pinellas weapons
plant.
The conference agreement provides that no funds may be used
to augment the $20,000,000 made available for obligation for
severance payments and other benefits and community
assistance grants unless the Department of Energy submits a
reprogramming request subject to approval by the appropriate
Congressional committees.
National Security Programs Administrative Support
The conference agreement provides $22,000,000 for national
security programs administrative support instead of
$25,000,000 as proposed by the House and the Senate.
Office of Hearings and Appeals
The conference agreement provides $2,893,000 for the Office
of Hearings and Appeals, the same as the budget request.
Funding Adjustments
Funding adjustments include a security charge for
reimbursable work of $712,000 and a general reduction of
$20,000,000. The general reduction should be applied to
programs which have unobligated balances carried over from
prior fiscal years and lower priority program activities.
Defense Nuclear Waste Disposal
The conference agreement provides $280,000,000 for the
defense contribution to the nuclear waste repository program
instead of $310,000,000 as proposed by the House and
$250,000,000 as proposed by the Senate.
Power Marketing Administrations
BONNEVILLE POWER ADMINISTRATION FUND
The conference agreement does not incorporate Senate
language providing new borrowing authority to the Bonneville
Power Administration. No new direct loan obligations may be
made during fiscal year 2002 as proposed by the House.
OPERATION AND MAINTENANCE, SOUTHEASTERN POWER ADMINISTRATION
The conference agreement includes $4,891,000, the same as
the budget request, for the Southeastern Power
Administration.
OPERATION AND MAINTENANCE, SOUTHWESTERN POWER ADMINISTRATION
The conference agreement includes $28,038,000, the same as
the budget request, for the Southwestern Power
Administration.
CONSTRUCTION, REHABILITATION, OPERATION AND MAINTENANCE, WESTERN AREA
POWER ADMINISTRATION
The conference agreement provides $171,938,000, instead of
$172,165,000 as proposed by the House and $169,465,000 as
proposed by the Senate. The conference agreement does not
include bill language proposed by the Senate earmarking funds
for specific activities.
Of the amount appropriated, not less than $200,000 shall be
provided for corridor review and environmental review
required for construction of a 230 kv transmission line
between Belfield and Hettinger, North Dakota. These funds
shall be non-reimbursable. Within the amount appropriated,
not less than $200,000 shall be provided for the Western Area
Power Administration to conduct a technical analysis of the
costs and feasibility of transmission expansion methods and
technologies. These funds shall be non-reimbursable. Western
shall publish a study by July 31, 2002, that contains a
recommendation of the most cost-effective methods and
technologies to enhance electricity transmission from lignite
and wind energy.
The amount appropriated for construction and rehabilitation
includes $2,700,000 to fund high priority portions of the
South of Phoenix portion of the Parker-Davis Project
transmission system. The Federal share of the upfront costs
is to be recovered through the transmission rates of the
Parker-Davis Project. Western should pursue additional funds
from those utilities requiring additional transmission
capacity, and the conferees expect that any funding received
will be used to offset future appropriations requirements.
Funding of $6,000,000 is provided for the Utah Reclamation
Mitigation and Conservation Account.
The conference agreement provides $109,378,000 for program
direction, a reduction of $5,000,000 from the budget request.
FALCON AND AMISTAD OPERATING AND MAINTENANCE FUND
The conference agreement includes $2,663,000, the same as
the budget request, for the Falcon and Amistad Operating and
Maintenance Fund.
Federal Energy Regulatory Commission
salaries and expenses
The conference agreement includes $184,155,000, a
$3,000,000 increase over the budget request for the Federal
Energy Regulatory Commission. The conference agreement also
includes statutory language authorizing an additional five
senior executive service positions for the Federal Energy
Regulatory Commission. The conference agreement does not
include bill language proposed by the House prohibiting the
use of funds to authorize construction of the Gulfstream
Natural Gas Project.
The conferees direct the Commission to submit a report to
Congress by January 31, 2002, on the economic impacts on
western utilities and ratepayers associated with the
Commission's emergency order imposing price caps on daily
spot power sales resulting from the inability of western load
serving utilities to recover costs from daily sales of excess
power from long-term forward contracts.
GENERAL PROVISIONS
DEPARTMENT OF ENERGY
Sec. 301. The conference agreement includes a provision
proposed by the House that none of the funds may be used to
award a management and operating contract unless such
contract is awarded using competitive procedures, or the
Secretary of Energy grants a waiver to allow for such a
deviation. At least 60 days before the Secretary grants such
a waiver, the Secretary must submit a report setting forth,
in specificity, the substantive reasons why the requirement
for competition should be waived. This language slightly
modifies a provision carried in previous Energy and Water
Development Appropriations Acts.
Sec. 302. The conference agreement includes a provision
proposed by the House and Senate that none of the funds may
be used to prepare or implement workforce restructuring plans
or provide enhanced severance payments and other benefits and
community assistance grants for Federal employees of the
Department of Energy under section 3161 of the National
Defense Authorization Act of Fiscal Year 1993, Public Law
102-484. This provision has been carried in previous Energy
and Water Development Appropriations Acts.
Sec. 303. The conference agreement includes a provision
proposed by the Senate that none of the funds may be used to
augment the $20,000,000 made available for obligation for
severance payments and other
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benefits and community assistance grants unless the
Department of Energy submits a reprogramming request subject
to approval by the appropriate Congressional committees. This
provision has been carried in previous Energy and Water
Development Appropriations Acts.
Sec. 304. The conference agreement includes a provision
proposed by the House and Senate that none of the funds may
be used to prepare or initiate Requests for Proposals for a
program if the program has not been funded by Congress in the
current fiscal year. This provision also precludes the
Department from initiating activities for new programs which
have been proposed in the budget request, but which have not
yet been funded by Congress. This provision has been carried
in previous Energy and Water Development Appropriations Acts.
(Transfers of Unexpended Balances)
Sec. 305. The conference agreement includes a provision
proposed by the House and Senate that permits the transfer
and merger of unexpended balances of prior appropriations
with appropriation accounts established in this bill. This
provision has been carried in previous Energy and Water
Development Appropriations Acts.
Sec. 306. The conference agreement includes language
proposed by the House prohibiting the Bonneville Power
Administration from performing energy efficiency services
outside the legally defined Bonneville service territory
unless the Administrator certifies in advance that such
services are not available from private sector businesses.
This provision has been carried in previous Energy and Water
Development Appropriations Acts.
Sec. 307. The conference agreement amends section 308 as
proposed by the House regarding notice and competition
required for Department of Energy user facilities.
Sec. 308. The conference agreement includes language
limiting the types of waste that can be disposed of in the
Waste Isolation Pilot Plant in New Mexico. None of the funds
may be used to dispose of transuranic waste in excess of 20
percent plutonium by weight for the aggregate of any material
category. At the Rocky Flats site, this provision includes
ash residues; salt residues; wet residues; direct repackage
residues; and scrub alloy as referenced in the ``Final
Environmental Impact Statement on Management of Certain
Plutonium Residues and Scrub Alloy Stored at the Rocky Flats
Environmental Technology Site''. This provision has been
carried in previous Energy and Water Development
Appropriations Acts.
Sec. 309. The conference agreement includes language
proposed by the Senate allowing the Administrator of the
National Nuclear Security Administration to authorize certain
nuclear weapons production plants to use not more than 2
percent of available funds for research, development and
demonstration activities. This provision has been carried in
previous Energy and Water Development Appropriations Acts.
Sec. 310. The conference agreement includes language
proposed by the Senate allowing the Administrator of the
National Nuclear Security Administration to authorize the
manager of the Nevada Operations Office to use not more than
2 percent of available funds for research, development and
demonstration activities necessary for operations and
readiness of the Nevada Test Site.
Sec. 311. The conference agreement includes language
proposed by the Senate amending section 1 of Public Law 105-
204 pertaining to depleted uranium hexafluoride by extending
the date to fiscal year 2005.
Sec. 312. The conference agreement modifies language
proposed by the Senate prohibiting oil and gas drilling in
the Finger Lakes National Forest, New York. No Federal permit
or lease shall be issued during fiscal year 2002.
Provisions not adopted by the conference.--The conference
agreement deletes section 307 of the House bill and section
306 of the Senate bill pertaining to LDRD.
The conference agreement deletes section 309 of the Senate
bill allowing each Federal power marketing administration to
engage in activities relating to the formation and operation
of a regional transmission organization.
The conference agreement deletes section 312 of the Senate
bill requiring the Secretary of Energy to conduct a study of
alternative financing approaches for infrastructure and
facility construction projects at the Department of Energy.
This reporting requirement is addressed in the statement of
the managers.
The conference agreement deletes section 313 of the Senate
bill requiring the Secretary of Energy to implement certain
reporting structures for the Paducah Gaseous Diffusion Plant
in Kentucky. This requirement is addressed in the statement
of the managers.
The conference agreement deletes section 314 of the Senate
bill expressing the sense of the Senate on Yucca Mountain.
The conference agreement deletes section 315 of the Senate
bill pertaining to consultations with the State of South
Carolina on the disposition of plutonium. This issue is
addressed in the statement of the managers.
Conference Recommendations
The conference agreement's detailed funding recommendations
for programs in title III are contained in the following
table.
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TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
The conference agreement includes $71,290,000 for the
Appalachian Regional Commission as proposed by the House
instead of $66,290,000 as proposed by the Senate. The
conferees support the Appalachian-Turkish Trade Project to
promote trade and investment opportunities. Funding of
$5,000,000 has been provided for a child development research
center at the University of Alabama.
From within available funds, the conferees have provided
$250,000 for the University of Georgia to conduct a study to
determine the feasibility of creating a commission to carry
out a comprehensive program of economic and human resource
development of the so-called Black Belt Region.
Defense Nuclear Facilities Safety Board
salaries and expenses
The conference agreement includes $18,500,000 for the
Defense Nuclear Facilities Safety Board as proposed by the
House and Senate.
Delta Regional Authority
salaries and expenses
The conference agreement includes $10,000,000 for the Delta
Regional Authority instead of $20,000,000 as proposed by the
Senate and no funding as proposed by the House. The conferees
expect the Authority to submit quarterly financial reports
providing detailed accounting data on the expenditure of
funds during fiscal year 2002 and thereafter. The conferees
also expect to receive from the Authority a detailed budget
justification if funds are requested in fiscal year 2003.
Denali Commission
The conference agreement includes $38,000,000 for the
Denali Commission instead of $40,000,000 as proposed by the
Senate and no funding as proposed by the House. The conferees
expect the Denali Commission to submit quarterly financial
reports providing detailed accounting data on the expenditure
of funds during fiscal year 2002 and thereafter. The
conferees also expect to receive from the Commission a
detailed budget justification if funds are requested in
fiscal year 2003.
Nuclear Regulatory Commission
salaries and expenses
The conference agreement includes $516,900,000 as proposed
by the House and the Senate, to be offset by revenues of
$473,520,000, as proposed by the House, for a net
appropriation of $43,380,000. This reflects the statutory
language adopted by the conference in the prior fiscal year
to reduce the fee recovery requirement to 96 percent in
fiscal year 2002. The conference amount provides an increase
of $10,000,000 over the budget request, with the standard
formula for fee recovery being applied to this added
increment of funding.
The conference agreement includes language prohibiting the
implementation or enforcement of the revised 10 C.F.R. Part
35, as adopted by the Nuclear Regulatory Commission on
October 23, 2000, with respect to diagnostic nuclear
medicine, except for those parts of the new rule which
establish revised training and experience requirements for
persons seeking licensing as authorized users, until after
the Commission has provided a report to the House and Senate
Committees on Appropriations explaining why the regulatory
burden could not be reduced further in the new rule without
adversely affecting public health and safety. The conferees
direct the Commission to submit this report not later than
January 31, 2002. The language included in the conference
agreement is only an interim measure until a more permanent
solution can be reached, either by the authorization
committees or through a revised rulemaking.
Office of Inspector General
The conference agreement includes $6,180,000 as proposed by
the House, to be offset by revenues of $5,933,000, for a net
appropriation of $247,000. This reflects the statutory
language adopted by the conference in the prior fiscal year
to reduce the fee recovery requirement to 96 percent in
fiscal year 2002.
Nuclear Waste Technical Review Board
salaries and expenses
The conference agreement provides $3,100,000 as proposed by
the House instead of $3,500,000 as proposed by the Senate.
TITLE V
GENERAL PROVISIONS
Sec. 501. The conference agreement includes language
directing that none of the funds in this Act may be used in
any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending
before Congress, other than to communicate to Members of
Congress as described in section 1913 of title 18, United
States Code. This provision has been carried in previous
Energy and Water Development Appropriations Acts.
Sec. 502. The conference agreement includes language
regarding the purchase of American-made equipment and
products, and prohibiting contracts with persons falsely
labeling products as made in America. This provision has been
carried in previous Energy and Water Development
Appropriations Acts.
Sec. 503. The conference agreement modifies language
proposed by the Senate to require the Secretary of the Army
to conduct a study on the environmental effects of oil and
gas drilling in the Great Lakes and prohibit Federal and
State issuance of permits or leases for new drilling from
October 1, 2001 through September 30, 2003.
Provisions not adopted.--The conference agreement deletes
Section 503 of the House bill providing that no funds may be
used to determine the final point of discharge for the
interceptor drain for the San Luis Unit of the Central Valley
Project until certain conditions are met. This provision has
been moved to Title II of the bill as proposed by the Senate.
The conference agreement deletes Section 505 of the House
bill pertaining to the Buy American Act.
The conference agreement deletes Section 506 of the House
bill prohibiting the use of funds to drill for gas and oil in
the Mosquito Creek Reservoir in Ohio.
Conference Total--With Comparisons
The total new budget (obligational) authority for the
fiscal year 2002 recommended by the Committee of Conference,
with comparisons to the fiscal year 2001 amount, the 2002
budget estimates, and the House and Senate bills for 2002
follow:
[In thousands of dollars]
New budget (obligational) authority, fiscal year 2001.......$24,512,565
Budget estimates of new (obligational) authority, fiscal year23,008,002
House bill, fiscal year 2002.................................24,195,000
Senate bill, fiscal year 2002................................25,448,837
Conference agreement, fiscal year 2002.......................25,086,000
Conference agreement compared with:
New budget (obligational) authority, fiscal year 2001........+573,435
Budget estimates of new (obligational) authority, fiscal ye+2,077,998
House bill, fiscal year 2002.................................+891,000
Senate bill, fiscal year 2002................................-362,837
Sonny Callahan,
Harold Rogers,
Rodney P. Frelinghuysen,
Tom Latham,
Roger F. Wicker,
Zach Wamp,
Jo Ann Emerson,
John T. Doolittle,
Bill Young,
Peter J. Visclosky,
Ed Pastor,
James E. Clyburn,
Lucille Roybal-Allard,
Managers on the Part of the House.
Pete V. Domenici,
Thad Cochran,
Mitch McConnell,
Robert F. Bennett,
Conrad Burns,
Larry Craig,
Ted Stevens,
Harry Reid,
Robert C. Byrd,
Fritz Hollings,
Patty Murray,
Byron L. Dorgan,
Dianne Feinstein,
Tom Harkin,
Daniel K. Inouye,
Managers on the Part of the Senate.
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