75-839
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:
and Upper Cumberland River, Kentucky, $15,450,000; and
of the Army, acting through the Chief of Engineers, using up to $200,000 of the funds provided herein, is directed to complete the Aloha-Rigolette, Louisiana, project at full Federal expense: Provided further, That using $500,000 of the funds provided herein, the Secretary of the Army, acting through the Chief of Engineers, is directed to proceed with the Shoalwater Bay Shoreline, Washington, project: Provided further, That all studies for the Shoalwater Bay Shoreline project shall be cost shared in the same proportion as the construction implementation costs: Provided further, That using $2,500,000 of the funds provided herein, the Secretary of the Army, acting through the Chief of Engineers, is directed to proceed with a final design and initiate construction for the repair and replacement of the Jicarilla Municipal Water System in the town of Dulce, New Mexico: Provided further, That using $750,000 of the funds provided herein, the Secretary of the Army, acting through the Chief of Engineers, is directed to proceed with the Missouri River Restoration Project and that erosion control measures implemented shall be primarily through nonstructural means such as planting of native vegetation, buffer strips, conservation easements, setbacks, and agricultural best management practices: Provided further, That with $10,000,000 of the funds provided herein, the Secretary of the Army, acting through the Chief of Engineers, is directed to construct the Dallas Floodway Extension, Texas, project, including the Cadillac Heights feature, generally in accordance with the Chief of Engineers report dated December 7, 1999: Provided further, That the deadline for the report required under section 154(g) of Public Law 106-554 is extended to December 31, 2002: Provided further, That the Secretary of the Army, acting through the Chief of Engineers, is directed to use unexpended funds appropriated in Public Law 105-62, under the heading Construction, General for Salyersville, Kentucky, to construct additional recreation improvements at the Buckhorn Lake, Kentucky, project: Provided further, That using $1,000,000 of the funds provided herein, the Secretary of the Army, acting through the Chief of Engineers, is directed to initiate construction on the Seward Harbor, Alaska, project in accordance with the Report of the Chief of Engineers dated June 8, 1999 and the economic justification contained therein: Provided further, That the Secretary of the Army, acting through the Chief of Engineers, is directed to use up to $900,000 of funds previously appropriated to reimburse the City of Venice, Florida, for the costs incurred by the City prior to October 1998 for work accomplished by the City related to the relocation of the stormwater outfalls and the construction of the artificial reef that comprises an integral part of the project for beach nourishment, in Sarasota County, Florida: Provided further, That the Secretary of the Army, acting through the Chief of Engineers, is directed to use funds appropriated herein, for emergency bank stabilization measures at Lakeshore Park in Knoxville, Tennessee: Provided further, That the Secretary of the Army, acting through the Chief of Engineers, is directed to continue the Dickenson County Detailed Project Report as generally defined in Plan 4 of the Huntington District Engineer's Draft Supplement to the Section 202 General Plan for Flood Damage Reduction dated April 1997, including all Russell Fork tributary streams within the County and special considerations as may be appropriate to address the unique relocations and resettlement needs for the flood prone communities within the County: Provided further, That, with respect to the environmental infrastructure project in Lebanon, New Hampshire, for which funds are made available under this heading, the non-Federal interest shall receive credit toward the non-Federal share of the cost of the project for work performed before the date of execution of the project cooperation agreement, if the Secretary determines the work is integral to the project: Provided further, That, for the Raritan River Basin, Green Brook Sub-Basin, New Jersey, project, the Secretary of the Army, acting through the Chief of Engineers, is directed to implement the locally preferred plan for the element in the western portion of
Middlesex Borough, New Jersey, which includes the buyout of up to 22 homes, the flood proofing of four commercial buildings along Prospect Place and Union Avenue, and the buyout of up to three commercial buildings along Raritan and Lincoln Avenues, at a total estimated cost of $15,000,000, with an estimated Federal cost of $11,500,000 and an estimated non-Federal cost of $3,500,000.
dredged material management plan being developed for the Corley Slough reach, as required by conditions of the State of Florida water quality certification, for periodically removing sandy dredged material from the disposal area known as Site 40, located at mile 36.5 of the Apalachicola River, and from other disposal sites that the Secretary may determine to be needed for the purpose of reuse of the disposal areas, by transporting and depositing the sand for environmentally acceptable beneficial uses in coastal areas of Florida to be determined in coordination with the State of Florida: Provided further, That the Secretary is authorized to acquire all lands, easements, and rights-of-way that may be determined by the Secretary, in consultation with the affected State, to be required for dredged material disposal areas to implement a long-term dredge material management plan: Provided further, That the long-term management plan shall be developed in coordination with the State of Florida no later than 2 years from the date of enactment of this Act: Provided further, That, of the funds provided herein, $4,900,000 shall be made available for these purposes and $8,000,000 shall be made available for normal operation and maintenance of the Apalachicola, Chattahoochee, and Flint Rivers navigation project.
68-585; the Civil Functions Appropriations Act, 1936, Public Law 75-208; section 215 of the Flood Control Act of 1968, as amended, Public Law 90-483; sections 104, 203, and 204 of the Water Resources Development Act of 1986, as amended, Public Law 99-662; section 206 of the Water Resources Development Act of 1992, as amended, Public Law 102-580; section 211 of the Water Resources Development Act of 1996, Public Law 104-303; and any other specific project authority, shall be limited to credits and reimbursements per project not to exceed $10,000,000 in each fiscal year, and total credits and reimbursements for all applicable projects not to exceed $50,000,000 in each fiscal year.
(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.
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.
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.
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.
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.
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.
The conference agreement appropriates $1,715,951,000 for Construction, General instead of $1,671,854,000 as proposed by the House and $1,570,798,000 as proposed by the Senate.
The conference agreement includes $2,000,000 for the St. Johns County, Florida, project. The conferees are aware that additional funds may be required in fiscal year 2002 to complete this project. Therefore, the Corps of Engineers is urged to transfer up to an additional $9,000,000 from available funds as necessary to complete this project. The conferees approve of this procedure and direct the Corps of Engineers to take all steps necessary to complete this project.
The conference agreement includes $40,000,000 for the Olmsted Locks and Dam project. The conferees agree that none of the funds are to be used to reimburse the Claims and Judgment Fund.
The conferees have provided $13,000,000 for the Inner Harbor Navigation Canal Lock project in Louisiana. While the conferees continue to support the renovation of the 80-year old locks in the Inner Harbor Navigation Canal, they are aware of recent allegations regarding potential adverse impacts of the project on vehicular traffic crossing the canal and direct the Corps of Engineers to work with the Old Arabi Neighborhood Association, Regional Planning Commission, St. Bernard Parish, the Louisiana Department of Transportation and Development, and the U.S. Coast Guard to determine if the project will cause vehicular traffic problems and on solutions to any confirmed problems.
The conference agreement includes $950,000 for the Chesapeake Bay Environmental Restoration and Protection program, including $200,000 for the Taylors Island marsh creation and shoreline protection project, and $750,000 for upgrades to the Smith Island wastewater treatment plant.
The conference agreement includes $4,000,000 for the Northeastern Minnesota Environmental Infrastructure program, including $250,000 to assist the City of Biwabik, Minnesota, with its sewer and water utility reconstruction along 7th and 8th avenues.
The conference agreement includes $500,000 for the Rural Montana project. Within the funds provided, the Corps of Engineers is directed to give consideration to projects at Helena, Laurel, and Conrad, Montana.
The conferees are aware of the urgent need to facilitate efficient construction of improvements for New York and New Jersey Harbor to meet the needs of navigation interests and save significant Federal and non-Federal resources. Therefore, the conferees direct the Secretary of the Army to combine the previously authorized Arthur Kill Channel, Howland Hook Marine Terminal, New York and New Jersey, project; the Kill Van Kull and Newark Bay Channel, New York and New Jersey, project; the New York and Adjacent Channels, Port Jersey Channel, New Jersey, project; and the New York and New Jersey Harbor, New York and New Jersey, project into a single project designated the New York and New Jersey Harbor, New York and New Jersey, project. The conferees have combined the Construction, General and General Investigations budget amounts for these projects and provided $88,500,000 for the New York and New Jersey Harbor project. The Secretary of the Army is directed to use these funds to continue construction of the combined New York and New Jersey Harbor project to the depths authorized in the Water Resources Development Act of 2000.
The conferees have provided $8,000,000 to continue the Rural Nevada project. Within the funds provided, the Corps of Engineers is directed to give consideration to
projects at Mesquite, Silver Springs, Lawton-Verdi, Moapa, Elko County, McGill, and Boulder City, Nevada.
The conference agreement includes $3,000,000 for the Mill Creek, Ohio, project as proposed by the House and the Senate. The additional funds provided above the budget request are to be used to accelerate completion of the General Reevaluation Report and develop an early warning system to alert businesses and residents in the watershed of possible floods.
The conference agreement includes $3,000,000 for the Ohio Environmental Infrastructure program. The amount provided includes $1,500,000 to assist the City of Springfield, Ohio, with its wastewater treatment and sewer improvement needs.
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.
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.
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.
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.
The conference agreement appropriates $127,000,000 for the Regulatory Program instead of $128,000,000 as proposed by the House and the Senate.
The conference agreement appropriates $140,000,000 for the Formerly Utilized Sites Remedial Action Program as proposed by the House and the Senate.
The conferees 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.
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.
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.
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.
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.
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.
The conference agreement appropriates $7,495,000 for the Bureau of Reclamation Loan Program Account as proposed by the House and the Senate.
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.
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.
The conference agreement appropriates $52,968,000 for Policy and Administration as proposed by the House and the Senate.
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.
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.
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.
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.
The conferees share the concerns raised by the House that the new National Nuclear Security Administration (NNSA) structure may have had the unintended consequence of unnecessarily increasing the Department's overall personnel costs, particularly at the headquarters, from a Department-wide perspective. The conferees further agree that the Secretary of Energy should submit a report to the Appropriations and Armed Services Committees of Congress concerning staffing increases arising from the creation of NNSA, as the House intended, as well as the `before and after' staffing levels of each office and activity affected by the reorganization. However, the report should also address the broader administrative support staffing concerns below and potential staffing reductions to NNSA or other DOE offices if administrative support functions could be staffed more efficiently. The Secretary shall submit the report by January 31, 2002.
With the new NNSA organization now in place, this affords a good opportunity for the Secretary of Energy and the Congress to take a fresh look at the management, effectiveness, and cost-effectiveness of the Department of Energy's administrative support functions at both the headquarters and field levels. Support functions include
personnel, finance, contracting, facilities management, vehicle management, logistics, information management, public affairs, and congressional affairs.
The conferees note that other organizations in the Department of Energy, such as the Inspector General and Naval Reactors, independently perform some of their own administrative support functions such as congressional affairs. The Inspector General of the Department of Energy has interpreted its charter under the Inspector Generals Act, particularly in regards to its perceived need to conduct its own congressional affairs, differently than any of the military services which, for example, use `corporate' congressional affairs offices to interface between the Congress and all sub-elements of headquarters organizations including agency inspector generals.
Fragmentation of administrative support functions may also dilute the ability of the Secretary of Energy to manage the Department to meet Departmental strategic goals such as improved financial and contract management. To the extent that the Department invests in unnecessary administrative support costs in a fixed or limited growth budget environment, resources are diverted from higher-priority mission areas.
In submitting the plan on the staffing effects of the NNSA legislation and subsequent implementation, the conferees encourage the Secretary to focus on ensuring that the Department of Energy has the optimal administrative support structure to maximize mission effectiveness and minimize administrative support costs. As stated in the House report, the conferees encourage the Secretary to submit legislative proposals where appropriate to meet this objective.
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.
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.
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.
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.
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.
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.
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.
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.
The conference agreement provides $250,456,000 for nuclear energy activities instead of $224,130,000 as proposed by the House and $264,069,000 as proposed by the Senate. The conference agreement does not include language specifying funding allocations as contained in the separate House and Senate reports. Within the funds available, the conferees include $400,000 for the Secretary to contract with the nation's sole remaining uranium converter for the purpose of performing research and development to improve the environmental and economic performance of U.S. uranium conversion operations.
Advanced radioisotope power systems- The conference agreement includes $29,000,000 to maintain the infrastructure necessary to support future national security needs and National Aeronautics and Space Administration missions.
Isotope support.--The conference agreement includes a total program level of $26,177,000 for the isotope program. This amount is reduced by offsetting collections of $9,000,000 to be received in fiscal year 2002, resulting in a net appropriation of $17,177,000. The conference agreement includes $2,494,000 for the Isotope Production Facility at the Los Alamos National Laboratory.
The conferees encourage the Department to continue to explore the concept of extracting medically valuable isotopes from the excess uranium 233 stored in Building 3019 at the Oak Ridge National Laboratory, Tennessee. Within available funds, the Department is urged to proceed with a Request for Proposals (RFP) for this project after submission to the House and Senate Committees on Appropriations of a budget-quality project plan which presents all costs, including the estimated life-cycle costs for storage and disposal of the excess uranium 233, and is crafted in a manner that would not increase the total costs for decontamination and decommissioning of Building 3019. The Department is reminded to consider the end use of the U233-derived material for clinical trials when preparing the RFP and evaluating proposals for this project, and may require the contractor to be capable of meeting the Good Manufacturing Practice requirements of the Food and Drug Administration with respect to the production of actinium 225.
University reactor fuel assistance and support.--The conference agreement includes $17,500,000, $5,526,000 more than the budget request. The conferees direct the Department to use the additional resources to begin implementing the recommendations contained in the April 2001 Final Report of the University Research Reactor Task Force of the Nuclear Energy Research Advisory Committee (NERAC), specifically, to establish geographically distributed regional university research reactor user facilities and geographically distributed training and education reactor facilities. The Department is expected to use a peer-reviewed process in selecting which facilities will receive Department support, and to involve fully the nuclear engineering and nuclear medicine communities in this process. The Department is directed to report to the House and Senate Committees on Appropriations by May 31, 2002, on its plan to implement the NERAC Task Force recommendations. The program should also include substantial financial support from the nuclear industry.
Research and development.--The conference agreement provides $51,000,000 for nuclear energy research and development activities.
The conference agreement includes $7,000,000, $2,500,000 more than the budget request, for nuclear energy plant optimization. The conferees direct the Department to ensure that projects are funded jointly with non-Federal partners and that the total non-Federal contributions are equal to or in excess of total Department contributions to projects funded in this program.
The conferees have provided $32,000,000 for the Nuclear Energy Research Initiative (NERI).
The conference agreement includes a total of $12,000,000 for nuclear energy technologies, an increase of $7,500,000 over the budget request. The conference agreement includes $4,000,000 for completion of the Generation IV Technology Roadmap; and $3,000,000 for advanced reactor development consistent with the longer term recommendations of the Generation IV Technology Roadmap and to continue research begun in the current fiscal year on small, modular nuclear reactors. The conferees encourage the Department to implement the recommendations of the Nuclear Energy Research Advisory Committee's Near-Term Deployment Group to support industry applications to the Nuclear Regulatory Commission (NRC) for Early Site Permits, Combined Operating Licenses, and Design Certifications. The conference agreement provides $3,000,000 to share with industry the cost of these new NRC licensing processes. The conference agreement also provides $2,000,000 for fuel testing, code verification and validation, and materials testing at national laboratories in support of license applications for new reactor designs.
Infrastructure.--The conference agreement provides a total of $82,529,000. The conference agreement provides $35,357,000 for ANL-West Operations, which includes $2,000,000 for the advanced test reactor research and development upgrade initiative. The conference agreement also provides $8,733,000 for Test Reactor Area landlord activities. Funds provided by the Senate to initiate conceptual design for a remote-handled transuranic waste facility at ANL-West have been transferred to the environmental management program.
The conference agreement provides the budget request of $38,439,000 for the Fast Flux Test Facility (FFTF). No funds may be obligated for any purpose other than deactivation at FFTF until 90 days after receipt of the Secretary's recommendations for alternative actions at FFTF and the approval of those recommended alternative actions by the House and Senate Committee on Appropriations.
Nuclear facilities management.--The conference agreement provides $30,250,000 as proposed by the House. This amount includes $4,200,000 for the EBR-II
shutdown, $16,200,000 for the disposition of spent nuclear fuel and legacy materials, and $9,850,000 for disposition technology activities.
Program direction- The conference agreement includes $23,000,000 for program direction, a reduction of $2,062,000 from the budget request.
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.
The conference agreement provides $7,770,000, including $1,400,000 for the Technical Information Management program and $6,370,000 for program direction.
The conference agreement includes a general reduction of $18,000,000.
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.
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.
The conference agreement provides $3,233,100,000 instead of $3,166,395,000 as proposed by the House and $3,268,816,000 as proposed by the Senate. The conference agreement does not include language specifying funding allocations as contained in the separate House and Senate reports. The conference agreement does not include bill language proposed by the Senate earmarking funds for specific purposes.
High energy physics.--The conference agreement provides $716,100,000 for high energy physics, the same as the budget request. The conferees encourage strong support for university research and for research on low temperature superconductors to support high energy physics requirements. General Purpose Equipment and General Plant Projects should be funded for Office of Science laboratories at fiscal year 2001 levels. Funds provided by the Senate for a demonstration of the mass of the neutrino at the Waste Isolation Pilot Plant have been transferred to the environmental management program.
Nuclear physics.--The conference agreement provides $360,510,000 for nuclear physics, the same as the budget request. The conferees urge the Department to use these funds to enhance operation of the Relativistic Heavy Ion Collider (RHIC) at the Brookhaven National Laboratory and the Thomas Jefferson National Accelerator Facility in Virginia.
Biological and environmental research.--The conference agreement includes $527,405,000 for biological and environmental research. The conferees have included $11,405,000 to complete the construction of the Laboratory for Comparative Functional Genomics at the Oak Ridge National Laboratory. The conference amount includes a total of $18,000,000 for the low dose effects program; $3,500,000 in additional funding for computer upgrades and capital equipment costs at the Environmental Molecular Science Laboratory; and includes funding to continue the free air carbon dioxide experiments at the fiscal year 2001 level.
The conference agreement includes $2,600,000 for the positron emission tomography center at the University of South Alabama; $4,000,000 for the Gulf Coast Cancer Center and Research Institute; $2,000,000 for the University of Alabama at Birmingham center for nuclear magnetic resonance imaging; $1,000,000 for University of South Alabama research, in cooperation with industry and the Cooperative Research Network of the National Rural Electric Cooperative Association, on a fuel cell powered home using the Smart Energy Management Control System; $1,650,000 for the new library and regional resource learning center at Spring Hill College; $100,000 for the South Alabama Medical Education Outreach Program; $2,250,000 for the University of Florida Genetics Institute; $2,700,000 for a new linear accelerator for the Baystate Medical Center; $1,200,000 for the Cancer Institute of New Jersey; $1,000,000 for the Institute for Molecular and Biomedical Science at the University of Arizona; $1,000,000 for the Stanley Scott Cancer Center at Louisiana State University; $1,000,000 for the Infotonics Center of Excellence in Rochester, New York; $500,000 for the Joint Collaboration on Advanced Nanotechnology and Sensors with the University of New Orleans, Louisiana State University, and Louisiana Tech; $500,000 for the Breast Cancer Program at the North Shore--Long Island Jewish Health System; $500,000 for a functional magnetic resonance imaging machine at the University of Texas at Dallas and the University of Texas Southwestern Medical Center's Center for Brain, Cognition, and Behavior; $500,000 for the Integrated Environmental Research and Services program at Alabama A&M; University; and $500,000 for the energy efficiency initiative at the Carolinas Health Care System.
The conference agreement includes $3,000,000 for the Multidisciplinary Research Facility at the College of Engineering, University of Notre Dame; $500,000 for a linear accelerator for the Burbank Regional Cancer Center in Fitchburg, Massachusetts; $500,000 for Hampshire College's National Center for Science Education; $1,000,000 for the Audubon Biomedical Science and Technology Park at Columbia University; $1,000,000 for the McFadden Science Center at Texas Wesleyan University; $1,000,000 for the emergency power supply system at Cedars-Sinai Medical Center; $1,000,000 for the Rush-Presbyterian-St.Luke's Medical Center; $1,000,000 for a nanoscience facility at Purdue University; $1,000,000 for the Julie and Ben Rogers Cancer Institute; $1,000,000 for the School of Public Health at the University of South Carolina; $1,000,000 for the continued development of the Life Sciences Building at Brown University; $1,000,000 for environmental modeling at the University of North Carolina at Chapel Hill; $1,000,000 to support renovation of the Science, Technology, and Engineering Research
Complex at Jackson State University; and $1,000,000 for the PowerGrid simulator at Drexel University and the New Jersey Institute of Technology.
The conference agreement includes $7,000,000 for the positron emission tomography facility at West Virginia University; $2,000,000 for a linear accelerator for the University Medical Center of Southern Nevada; $250,000 for the research foundation of the University of Nevada-Las Vegas; $200,000 for the University of Nevada-Las Vegas to continue study of the biological effects of exposure to low-level radioactivity; $500,000 for a biomolecular nuclear magnetic resonance instrument at the Medical University of South Carolina; $1,000,000 for the Oncology Center of the Medical University of South Carolina; $3,000,000 for the National Center of Excellence in Photonics and Microsystems in New 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.
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.
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.
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.
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 to
assure adequate Congressional oversight of these very important programs. NNSA, in conjunction with the Department of Defense, is expected to propose significant investment in strategic weapon systems (to include refurbishments and life extensions) during the next 10 years to meet military requirements once the Administration's Nuclear Posture Review is completed. The Congress will have to examine these proposals in detail and will likely be asked to agree to higher levels of annual spending for these initiatives. It is vital that NNSA articulate the investment costs and benefits of such proposals in a clear and consistent manner.
The conferees direct the Administrator to submit Selected Acquisition Reports (SAR) once a year to the Armed Services and Appropriations Committees of Congress, to accompany the fiscal year 2003 and subsequent President's Budgets. The reports should be similar in content and format to those submitted to Congress by the Department of Defense pursuant to section 2432 of Title 10 of United States Code. The NNSA should identify criteria for designating its major defense acquisition programs, as the Defense Department has done, and then report annually on systems which meet them. The NNSA should also identify criteria for when to start SAR reporting for a given weapon system, and when to end it. SAR systems are generally those which require a significant development cost (hundreds of millions of dollars) or significant acquisition cost (billions of dollars). The conferees anticipate that this reporting requirement will not place an undue burden on the NNSA. If a system is to be refurbished in a block-approach, the SAR report must address information on each and all blocks of the program.
The conferees further direct that the Comptroller General review the NNSA's fiscal year 2003 submission of selected acquisition reports within 90 days of their submission to Congress, and assess whether they adequately and thoroughly identify information equivalent to what the Department of Defense provides Congress in its SAR reports. The conferees also direct the NNSA to include detailed information in the budget justification documents for its fiscal year 2003 and subsequent President's budget requests to Congress by weapon system. The budget should clearly show the unique and the fully-loaded cost of each weapon activity, to include refurbishments and conceptual study and/or development of new weapons.
Construction projects.--The conference agreement includes a significant increase in funding for new and ongoing construction projects and a new program for facilities and infrastructure upgrades. While these increases are necessary to maintain the nuclear weapons complex, the conferees are concerned that these increases will tax the existing project management expertise of the NNSA and its contractors. To ensure that construction project funding is properly executed, the conferees direct the NNSA's Office of Project Management Support to review each of these projects and verify that the conceptual design and at least 35 percent of the detailed design are completed before construction funds are obligated. The NNSA is strongly encouraged to use the expertise resident in the Department's Office of Construction and Engineering Management for this purpose.
Nuclear Weapons Council Reporting.--The Armed Services Committees require annual reporting on the activities of the Nuclear Weapons Council, a joint Department of Defense and Energy activity that manages nuclear weapons. This document is a key tool for the Appropriations and Armed Services Committees of Congress to perform effective oversight of our nation's nuclear weapons. The Secretary of Energy submitted the fiscal year 2000 report (dated October 1, 2000) on September 26, 2001. The conferees question the utility of a report (under 20 pages) whose information is about a year old when submitted, and whether the Departments of Energy and Defense take seriously the need to responsibly support Congressional oversight of nuclear weapons on a timely basis. Reports to Congress on a previous fiscal year's activities, to be relevant to the authorization and appropriations process, should be submitted for Committees to use during their hearings in the spring of the following year. Waiting until the end of the fiscal year to submit the information inhibits the hearing process, the authorization process, and the appropriations process as well as depriving Members of Congress charged with an important oversight responsibility from effectively performing their duty due to lack of timely information. The conferees direct the Secretary of Energy to submit future reports by March 1 of each year.
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 machine
refurbishment at Sandia; $10,000,000 to consolidate and enhance counter-terrorism activities and programs at the National Center for Combating Terrorism at the Nevada Test Site; and $1,500,000 for technology partnerships with industry as proposed by the Senate.
The conference agreement does not provide additional funding to process uranium-233 as proposed by the Senate. This issue is addressed in the Energy Supply account.
Within funds provided for program readiness, the conference agreement includes additional funding of $10,000,000 for the operation of pulsed power facilities at Sandia National Laboratory. Additional funding of $9,094,000 above the budget request is provided to maintain Nevada Test Site readiness and maintain materials processing and component manufacturing readiness consistent with the 1993 Presidential directive concerning underground nuclear testing.
Within funds provided for special projects, the conference agreement includes $1,000,000 for the Remote Sensing Laboratory to enhance pilot proficiency, aircraft safety, and aviation support elements; $1,000,000 for final funding for the tumor registry in the State of Nevada; $250,000 to prepare a plan to preserve the history of the Manhattan project; $1,000,000 for installation of exhibits at the Atomic Testing History Institute; and the budget request for the Los Alamos County Schools and the New Mexico Education Enrichment Foundation.
The conference agreement includes $90,310,000 for materials recycling, $8,199,000 for containers, $10,643,000 for storage, and $88,923,000 for nuclear weapons incident response, as proposed by the Senate.
For construction projects, the conference agreement includes several adjustments to the budget request. Funding of $22,830,000 is provided for Project 02-D-103, Project Engineering and Design (PE&D;), including $4,000,000 for architecture and engineering services for modernization of surface support facilities for the U1A complex at the Nevada Test Site; $4,750,000 for Project 02-D-105, Engineering Technology Complex Upgrade at Livermore; $3,507,000 for Project 02-D-107, Electrical Power Systems Upgrades at the Nevada Test Site; $16,379,000 for Project 01-D-103, PE&D;, including $2,693,000 for electrical power systems upgrades at the Nevada Test Site; $67,000,000 for Project 01-D-108, Microsystems and Engineering Sciences Applications Complex at Sandia; and $2,000,000 for Project 99-D-108, Renovate Existing Roadways at the Nevada Test Site. No funds are provided for Project 01-D-124, HEU Storage Facility at the Y-12 Plant in Tennessee.
Funding of $3,300,000 is provided for Project 01-D-107, Atlas Relocation at the Nevada Test Site. The total estimated cost of this project has increased by $4,123,000 to $16,312,000.
Facilities and Infrastructure.--The conference agreement includes $200,000,000 to establish a new program for facilities and infrastructure (F&I;). The Department had requested no funding for this program. The conferees agree with the House report language on the F&I; program and direct that at least 25 percent of this funding be used to dispose of excess facilities that will provide the greatest impact on reducing long-term costs and risks.
Secure Transportation Asset.--The conference agreement provides $123,300,000 as proposed by the Senate, an increase of $1,500,000 over the budget request.
Safeguards and security.--The conference agreement includes $448,881,000, the same as the budget request, for safeguards and security activities at laboratories and facilities managed by the National Nuclear Security Administration.
Program direction.--The budget request included $271,137,000 for program direction activities in this account. The conference agreement transfers this funding to the Office of the NNSA Administrator account.
Funding adjustments.--The conference agreement includes an adjustment of $28,985,000 for a security charge for reimbursable work, as proposed in the budget, and a general reduction of $80,000,000.
The conference agreement provides $803,586,000 for Defense Nuclear Nonproliferation instead of $845,341,000 as proposed by the House and $880,500,000 as proposed by the Senate. The Administration's budget request for Defense Nuclear Nonproliferation was $773,700,000 which included $51,459,000 for program direction activities. The conference recommendation transfers all program direction funding to the Office of the NNSA Administrator account which has the effect of reducing the budget request for Defense Nuclear Nonproliferation to $722,241,000. Thus, the conference recommendation is an increase of $81,345,000 over the budget request.
Statutory language proposed by the Senate to earmark funding for official reception and representation expenses has not been included. This activity is funded in the Office of the NNSA Administrator account.
Limitation on Russian and Newly Independent States' (NIS) program funds.--The conferees are concerned about the amount of funding for Russian and NIS programs which remains in the United States for Department of Energy contractors and laboratories rather than going to the facilities in Russia and the NIS. The conferees expect the Department to continue to increase the level of funding provided to Russia versus the funding which remains in the United States for Department of Energy contractors and laboratories in each subsequent year. The conferees direct the Department to apply the lowest possible laboratory overhead rates and to increase the percent of funding spent in Russia. The Department is to provide a report to the House and Senate Committees on Appropriations by January 31, 2002, and each subsequent year on the amount of funding
provided to Russia and NIS in each program area. The Department should work with the Committees on the specific information to be included in the report.
Nonproliferation and verification research and development.--The conference agreement provides $244,306,000 for nonproliferation and verification research and development. This includes $19,510,900 for ground-based systems for treaty monitoring, an increase of $7,000,000 over the budget request. From within available funds, $4,000,000 is provided to establish the Remote Systems Test and Engineering Center at the Remote Sensing Laboratory and $2,500,000 for the Incorporated Research Institutions for Seismology PASSCAL Instrument Center. The Department is urged to review the potential value of the Caucasus Seismic Information Network to the nuclear explosion monitoring national security mission.
The conferees continue to support more opportunity for open competition in appropriate areas of the nonproliferation and verification research and development program. The conferees expect the Department to continue to implement recommendations provided by the external review group in support of open competition and direct the Department to initiate a free and open competitive process for at least 25 percent of its research and development activities during fiscal year 2002 for ground-based systems treaty monitoring. The competitive process should be open to all Federal and non-Federal entities.
Arms control.--The conference agreement provides $75,741,000 for arms control activities, instead of the budget request of $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.
The conference agreement provides $688,045,000 for Naval Reactors, the same as the budget request.
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.
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 and
technology projects not meeting one of the above exemptions, the Department shall provide written notification to the Committees of its intent to enter into an agreement that commits more than one year of funding a minimum of 60 days prior to award. This notification must provide a detailed description of the project, the expected benefits, and a justification for multiple year funding.
Excess facilities- The conference agreement includes $5,000,000, an increase of $3,700,000 over the budget request, for excess facilities. These funds are to be used to initiate D&D; of excess facilities owned by the environmental management program.
Safeguards and security- The conference agreement includes $205,621,000, the same as the budget request, for safeguards and security activities at laboratories and facilities managed by the Office of Environmental Management.
Program direction- The conferees have provided $355,761,000, the same as the budget request, for the program direction account.
Funding adjustments- The conference agreement includes the use of $56,770,000 of prior year balances, an increase of $20,000,000 over the budget request, which funds Project 02-D-420 at the Savannah River Site. A security charge for reimbursable work of $5,391,000, the same as the budget request, is included, and a general reduction of $92,110,000, due to funding constraints.
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.
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.
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.
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.
The conference agreement includes $40,844,000, the same as the budget request, for the Department's intelligence program.
The conference agreement includes $46,000,000, a reduction of $389,000 from the budget request, for the Department's counterintelligence program.
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.
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.
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.
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.
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.
The conference agreement provides $2,893,000 for the Office of Hearings and Appeals, the same as the budget request.
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.
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.
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.
The conference agreement includes $4,891,000, the same as the budget request, for the Southeastern Power Administration.
The conference agreement includes $28,038,000, the same as the budget request, for the Southwestern 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.
The conference agreement includes $2,663,000, the same as the budget request, for the Falcon and Amistad Operating and Maintenance Fund.
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.
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.
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.
The conference agreement's detailed funding recommendations for programs in title III are contained in the following table.
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.
The conference agreement includes $18,500,000 for the Defense Nuclear Facilities Safety Board as proposed by the House and Senate.
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.
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.
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.
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.
The conference agreement provides $3,100,000 as proposed by the House instead of $3,500,000 as proposed by the Senate.
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.
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 |
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.