**Skaggs Authority -- Fact Sheet**

**Document web address:**

**<http://www.gpoaccess.gov/plaws/index.html>** Search under Public Law
105-277 (Omnibus Consolidated Appropriations Act of 1998). Entire
document is listed.

**Intent:** Allows DOE to perform reimbursable work for other agencies
outside standard Economy Act procedures and accept funds for assisting
agencies in alternative financed projects.

**Specific Language**:

Excerpt from P.L. 105-277

"The Secretary in fiscal year 1999 and thereafter shall continue the
process begun in fiscal year 1998 of accepting funds from other Federal
agencies in return for assisting agencies in achieving energy efficiency
in Federal facilities and operations by the use of privately financed,
energy savings performance contracts and other private financing
mechanisms. The funds may be provided after agencies begin to realize
energy cost savings; may be retained by the Secretary until expended;
and may be used only for the purpose of assisting Federal agencies in
achieving greater efficiency, water conservation and use of renewable
energy by means of privately financed mechanisms, including energy
savings performance contracts and utility incentive programs. These
recovered funds will continue to be used to administer even greater
energy efficiency, water conservation and use of renewable energy by
means of privately financed mechanisms such as utility efficiency
service contracts and energy savings performance contracts. The
recoverable funds will be used for all necessary program expenses,
including contractor support and resources needed, to achieve overall

Federal energy management program objectives for greater energy savings.
Any such privately financed contracts shall meet the provisions of the
Energy Policy Act of 1992, Public Law 102-486 regarding energy savings
performance contracts and utility incentive programs."

DEPARTMENT OF ENERGY

clean coal technology

Of the funds made available under this heading for obligation in

prior years, \$10,000,000 of such funds shall not be available until

October 1, 1999; \$15,000,000 shall not be available until October 1,

2000; and \$15,000,000 shall not be available until October 1, 2001:

Provided, That funds made available in previous appropriations Acts

shall be available for any ongoing project regardless of the separate

request for proposal under which the project was selected.

fossil energy research and development

For necessary expenses in carrying out fossil energy research and

development activities, under the authority of the Department of Energy

Organization Act (Public Law 95-91), including the acquisition of

interest, including defeasible and equitable interests in any real

property or any facility or for plant or facility acquisition or

expansion, and for conducting inquiries, technological investigations

and research concerning the extraction, processing, use, and disposal of

mineral substances without objectionable social and environmental costs

(30 U.S.C. 3, 1602, and 1603), performed under the minerals and

materials science programs at the Albany

\[\[Page 112 STAT. 2681-276\]\]

Research Center in Oregon, \$384,056,000, to remain available until

expended: Provided, That no part of the sum herein made available shall

be used for the field testing of nuclear explosives in the recovery of

oil and gas.

alternative fuels production

Moneys received as investment income on the principal amount in the

Great Plains Project Trust at the Norwest Bank of North Dakota, in such

sums as are earned as of October 1, 1998, shall be deposited in this

account and immediately transferred to the general fund of the Treasury.

Moneys received as revenue sharing from operation of the Great Plains

Gasification Plant shall be immediately transferred to the general fund

of the Treasury.

naval petroleum and oil shale reserves

For necessary expenses in carrying out naval petroleum and oil shale

reserve activities, \$14,000,000, to remain available until expended:

Provided, \<\<NOTE: 10 USC 7430 note. elk hills school lands fund\>\>
That

the requirements of 10 U.S.C. 7430(b)(2)(B) shall not apply to fiscal

year 1999: Provided further, That, notwithstanding any other provision

of law, funds available pursuant to the first proviso under this heading

in Public Law 101-512 shall be immediately available for all naval

petroleum and oil shale reserve activities.

For necessary expenses in fulfilling the first installment payment

under the Settlement Agreement entered into by the United States and the

State of California on October 11, 1996, as authorized by section 3415

of Public Law 104-106, \$36,000,000 for payment to the State of

California for the State Teachers\' Retirement Fund from the Elk Hills

School Lands Fund.

energy conservation

For necessary expenses in carrying out energy conservation

activities, \$691,701,000, to remain available until expended,
including,

notwithstanding any other provision of law, \$64,000,000, which shall be

transferred to this account from amounts held in escrow under section

3002(d) of Public Law 95-509 (15 U.S.C. 4501(d)): Provided, That

\$166,000,000 shall be for use in energy conservation programs as
defined

in section 3008(3) of Public Law 99-509 (15 U.S.C. 4507): Provided

further, That notwithstanding section 3003(d)(2) of Public Law 99-509

such sums shall be allocated to the eligible programs as follows:

\$133,000,000 for weatherization assistance grants and \$33,000,000 for

State energy conservation grants.

economic regulation

For necessary expenses in carrying out the activities of the Office

of Hearings and Appeals, \$1,801,000, to remain available until
expended.

\[\[Page 112 STAT. 2681-277\]\]

strategic petroleum reserve

For necessary expenses for Strategic Petroleum Reserve facility

development and operations and program management activities pursuant to

the Energy Policy and Conservation Act of 1975, as amended (42 U.S.C.

6201 et seq.), \$160,120,000, to remain available until expended.

energy information administration

For necessary expenses in carrying out the activities of the Energy

Information Administration, \$70,500,000, to remain available until

expended.

Appropriations under this Act for the current fiscal year shall be

available for hire of passenger motor vehicles; hire, maintenance, and

operation of aircraft; purchase, repair, and cleaning of uniforms; and

reimbursement to the General Services Administration for security guard

services.

From appropriations under this Act, transfers of sums may be made to

other agencies of the Government for the performance of work for which

the appropriation is made.

None of the funds made available to the Department of Energy under

this Act shall be used to implement or finance authorized price support

or loan guarantee programs unless specific provision is made for such

programs in an appropriations Act.

The Secretary is authorized to accept lands, buildings, equipment,

and other contributions from public and private sources and to prosecute

projects in cooperation with other agencies, Federal, State, private or

foreign: Provided, That revenues and other moneys received by or for the

account of the Department of Energy or otherwise generated by sale of

products in connection with projects of the Department appropriated

under this Act may be retained by the Secretary of Energy, to be

available until expended, and used only for plant construction,

operation, costs, and payments to cost-sharing entities as provided in

appropriate cost-sharing contracts or agreements: Provided further, That

the remainder of revenues after the making of such payments shall be

covered into the Treasury as miscellaneous receipts: Provided further,

That any contract, agreement, or provision thereof entered into by

the Secretary pursuant to this authority shall not be executed prior to

the expiration of 30 calendar days (not including any day in which

either House of Congress is not in session because of adjournment of

more than three calendar days to a day certain) from the receipt by the

Speaker of the House of Representatives and the President of the Senate

of a full comprehensive report on such project, including the facts and

circumstances relied upon in support of the proposed project.

No funds provided in this Act may be expended by the Department of

Energy to prepare, issue, or process procurement documents for programs

or projects for which appropriations have not been made.

In addition to other authorities set forth in this Act, the

Secretary may accept fees and contributions from public and private

sources, to be deposited in a contributed funds account, and

\[\[Page 112 STAT. 2681-278\]\]

prosecute projects using such fees and contributions in cooperation with

other Federal, State or private agencies or concerns.

The Secretary in fiscal year 1999 and thereafter, shall continue the

process begun in fiscal year 1998 of accepting funds from other Federal

agencies in return for assisting agencies in achieving energy efficiency

in Federal facilities and operations by the use of privately financed,

energy savings performance contracts and other private financing

mechanisms. The funds may be provided after agencies begin to realize

energy cost savings; may be retained by the Secretary until expended;

and may be used only for the purpose of assisting Federal agencies in

achieving greater efficiency, water conservation and use of renewable

energy by means of privately financed mechanisms, including energy

savings performance contracts and utility incentive programs. These

recovered funds will continue to be used to administer even greater

energy efficiency, water conservation and use of renewable energy by

means of privately financed mechanisms such as utility efficiency

service contracts and energy savings performance contracts. The

recoverable funds will be used for all necessary program expenses,

including contractor support and resources needed, to achieve overall

Federal energy management program objectives for greater energy savings.

Any such privately financed contracts shall meet the provisions of the

Energy Policy Act of 1992, Public Law 102-486 regarding energy savings

performance contracts and utility incentive programs.