[House Report 107-258]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 107-258
======================================================================
MAKING APPROPRIATIONS FOR ENERGY AND WATER DEVELOPMENT FOR THE FISCAL
YEAR ENDING SEPTEMBER 30, 2002, AND FOR OTHER PURPOSES
_______
October 30, 2001.--Ordered to be printed
_______
Mr. Callahan, from the committee of conference, submitted the following
CONFERENCE REPORT
[To accompany H.R. 2311]
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 Riverand 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 Secretaryof 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 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
ofMiddlesex 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-termdredged 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.
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 Law68-585; 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+28,50" E. 38.56 feet;
thence
(ii) along the same N. 61+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+28,50" E. 1052.14 feet;
thence
(ii) crossing Church Street, N.
34+19,51" W. 1590.16 feet; thence
(iii) N. 27+56,37" W. 3674.36 feet;
thence
(iv) N. 35+33,54" W. 975.59 feet;
thence
(v) N. 57+04,39" W. 481.04 feet;
thence
(vi) N. 36+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+37,05" E. 1256.19 feet; thence
(viii) still along the same, N.
86+10,29" E. 1692.61 feet; thence,
still along the same the following
thirteenth courses
(ix) S. 67+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+44,20,, E. 507.10 feet;
thence
(xi) S. 31+01,38,, E. 1062.95 feet;
thence
(xii) S. 34+34,20,, E. 475.00 feet;
thence
(xiii) S. 32+20,28,, E. 254.18
feet; thence
(xiv) S. 52+55,49,, E. 964.95 feet;
thence
(xv) S. 56+24,40,, E. 366.60 feet;
thence
(xvi) S. 80+31,50,, E. 100.51 feet;
thence
(xvii) N. 75+30,00,, E. 120.00
feet; thence
(xviii) N. 53+09,00,, E. 486.50
feet; thence
(xix) N. 81+18,00,, E. 132.00 feet;
thence
(xx) S. 56+35,00,, E. 115.11 feet;
thence
(xxi) S. 42+00,00,, E. 271.00 feet;
thence
(xxii) S. 48+30,00,, E. 287.13 feet
to a point in the Northwesterly line of
Grove Avenue (59.75 feet wide); thence
(xxiii) S. 23+09,50,, W. 4120.49
feet; thence
(xxiv) N. 66+50,10,, W. 251.78
feet; thence
(xxv) S. 36+05,20,, E. 228.64 feet;
thence
(xxvi) S. 58+53,00,, W. 1158.36
feet to a point in the Southwesterly
line of said River Lane; thence
(xxvii) S. 41+31,35,, E. 113.50
feet; thence
(xxviii) S. 61+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+45,47,, W. 1104.21 feet;
thence
(II) S. 69+06,30,, W. 1758.95 feet;
thence
(III) N. 23+04,43,, W. 600.19 feet;
thence
(IV) N. 19+15,32,, W. 3004.57 feet;
thence
(V) N. 44+52,41,, W. 897.74 feet;
thence
(VI) N. 32+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+37,05,, E. 2770.00
feet; thence
(VIII) S. 36+22,55,, E. 870.00
feet; thence
(IX) S. 57+04,39,, E. 481.04 feet;
thence
(X) S. 35+33,54,, E. 975.59 feet;
thence
(XI) S. 27+56,37,, E. 3674.36 feet;
thence
(XII) crossing Church Street, S.
34+19,51,, E. 1590.16 feet to a point
in the easterly line of Church Street;
thence
(XIII) S. 11+28,50,, W. 1052.14
feet; thence
(XIV) S. 61+28,35,, W. 32.31 feet;
thence
(XV) S. 11+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+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+27,40,, W. 118.47 feet;
thence
(II) N. 15+48,40,, W. 120.51 feet;
thence
(III) N. 77+53,00,, E 189.58 feet
to a point in the centerline of Church
Street; thence
(IV) S. 11+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''.
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--
``(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 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 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 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 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 toprojects 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.
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 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 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.
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 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.
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 includepersonnel, 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 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 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-IIshutdown, $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.
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 ResearchComplex 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 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 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 toassure
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 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 machinerefurbishment 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
fundingprovided 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 $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.
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 andtechnology 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 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 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.
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
year 2002........................................... 23,008,002
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 year 2002.................................. +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.