Calendar No. 107

105TH CONGRESS

1ST SESSION S. 1004

[Report No. 105–44]

A BILL

Making appropriations for energy and water devel1998, and for other purposes. opment for the fiscal year ending September 30,

JULY 10, 1997

Read twice and placed on the calendar
II

Calendar No. 107

105TH CONGRESS

1ST SESSION S. 1004

[Report No. 105–44]

Making appropriations for energy and water development for the fiscal year

ending September 30, 1998, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 10, 1997

Mr. DOMENICI, from the Committee on Appropriations, reported the following

original bill; which was read twice and placed on the calendar

A BILL

Making appropriations for energy and water development

for the fiscal year ending September 30, 1998, and for

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

5 fiscal year ending September 30, 1998, for energy and

6 water development, and for other purposes, namely:
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1 TITLE I

2 DEPARTMENT OF DEFENSE—CIVIL

3 DEPARTMENT OF THE ARMY

4 CORPS OF ENGINEERS—CIVIL

5 The following appropriations shall be expended under

6 the direction of the Secretary of the Army and the super7 vision of the Chief of Engineers for authorized civil func8 tions of the Department of the Army pertaining to rivers

9 and harbors, flood control, beach erosion, and related pur10 poses.

11 GENERAL INVESTIGATIONS

12 For expenses necessary for the collection and study

13 of basic information pertaining to river and harbor, flood

14 control, shore protection, and related projects, restudy of

15 authorized projects, miscellaneous investigations, and,

16 when authorized by laws, surveys and detailed studies and

17 plans and specifications of projects prior to construction,

18 $164,065,000, to remain available until expended, of

19 which funds are provided for the following projects in the

20 amounts specified:

21 Norco Bluffs, California, $200,000;

22 Laulaulei, Hawaii, $200,000;

23 Tahoe Basin Study, Nevada and California,

24 $320,000; and

25 Barnegat Inlet to Little Egg Harbor Inlet, New

26 Jersey, $400,000.
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1 CONSTRUCTION, GENERAL

2 For the prosecution of river and harbor, flood control,

3 shore protection, and related projects authorized by laws;

4 and detailed studies, and plans and specifications, of

5 projects (including those for development with participa6 tion or under consideration for participation by States,

7 local governments, or private groups) authorized or made

8 eligible for selection by law (but such studies shall not con9 stitute a commitment of the Government to construction),

10 $1,284,266,000, to remain available until expended, of

11 which such sums as are necessary pursuant to Public Law

12 99–662 shall be derived from the Inland Waterways Trust

13 Fund, for one-half of the costs of construction and reha14 bilitation of inland waterways projects, including rehabili15 tation costs for the Lock and Dam 25, Mississippi River,

16 Illinois and Missouri, Lock and Dam 14, Mississippi

17 River, Iowa, Lock and Dam 24, Mississippi River, Illinois

18 and Missouri, and Lock and Dam 3, Mississippi River,

19 Minnesota, projects, and of which funds are provided for

20 the following projects in the amounts specified:

21 Arkansas River, Tucker Creek, Arkansas,

22 $300,000;

23 Red River Emergency Bank Protection, Arkan24 sas, $3,500,000;

25 Panama City Beaches, Florida, $5,000,000;
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1 Harlan (Levisa and Tug Forks of the Big

2 Sandy River and Upper Cumberland River), Ken3 tucky, $18,000,000;

4 Martin County (Levisa and Tug Forks of the

5 Big Sandy River and Upper Cumberland River),

6 Kentucky, $5,500,000;

7 Middlesboro (Levisa and Tug Forks of the Big

8 Sandy River and Upper Cumberland River), Ken9 tucky, $7,200,000;

10 Pike County (Levisa and Tug Forks of the Big

11 Sandy River and Upper Cumberland River), Ken12 tucky, $5,800,000;

13 Town of Martin (Levisa and Tug Forks of the

14 Big Sandy River and Upper Cumberland River),

15 Kentucky, $700,000;

16 Williamsburg (Levisa and Tug Forks of the Big

17 Sandy River and Upper Cumberland River), Ken18 tucky, $4,690,000;

19 Lake Ponchartrain Stormwater Discharge, Lou20 isiana, $3,000,000;

21 Natchez Bluff, Mississippi, $4,000,000;

22 Jackson County, Mississippi (Water Supply),

23 $3,000,000;

24 Pearl River, Mississippi (Walkiah Bluff),

25 $2,000,000;
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1 Wallisville Lake, Texas, $10,000,000;

2 Virginia Beach, Virginia (Reimbursement),

3 $925,000;

4 Virginia Beach, Virginia (Hurricane Protec5 tion), $15,000,000;

6 Hatfield Bottom (Levisa and Tug Forks of the

7 Big Sandy River and Upper Cumberland River),

8 West Virginia, $1,000,000;

9 Lower Mingo (Kermit) (Levisa and Tug Forks

10 of the Big Sandy River and Upper Cumberland

11 River), West Virginia, $6,300,000;

12 Lower Mingo, West Virginia, Tributaries Sup13 plement, $150,000;

14 Upper Mingo County (Levisa and Tug Forks of

15 the Big Sandy River and Upper Cumberland River),

16 West Virginia, $3,000,000;

17 Levisa Basin Flood Warning System (Levisa

18 and Tug Forks of the Big Sandy River and Upper

19 Cumberland River), Kentucky, $400,000;

20 Tug Fork Basin Flood Warning System (Levisa

21 and Tug Forks of the Big Sandy River and Upper

22 Cumberland River), West Virginia, $400,000; and

23 Wayne County (Levisa and Tug Forks of the

24 Big Sandy River and Upper Cumberland River),

25 West Virginia, $1,200,000:
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1 Provided further, That the Secretary of the Army is di2 rected to design and implement at full Federal expense

3 an early flood warning system for the Tug Fork and

4 Levisa Basins, West Virginia and Kentucky, within eight5 een months of the date of enactment of this Act: Provided

6 further, That the Secretary of the Army, acting through

7 the Chief of Engineers, is directed to combine the Wil8 mington Harbor-Northeast Cape Fear River authorized by

9 the Water Resource Development Act of 1986, section

10 202(a), the Wilmington Harbor Channel Widening author11 ized by the Water Resources Development Act of 1986,

12 section 101(a)(23), and the Cape Fear-Northeast (Cape

13 Fear) River authorized by the Water Resource Develop14 ment Act of 1996, section 101(a)(22), North Carolina

15 projects into one project with one project cooperation

16 agreement based on cost sharing as a single project and

17 that with $2,430,000 of the funds appropriated herein, is

18 directed to continue design and initiate construction of the

19 combined project: Provided further, That the Secretary of

20 the Army, acting through the Chief of Engineers, is di21 rected to use $15,000,000 of the funds appropriated here22 in to initiate construction of the Houston-Galveston Navi23 gation Channels, Texas, project and execute a Project Co24 operation Agreement for the entire project authorized in
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1 the Water Resources Development Act of 1996, Public law

2 104–303.

3 FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBU4 TARIES, ARKANSAS, ILLINOIS, KENTUCKY, LOUISI5 ANA, MISSISSIPPI, MISSOURI, AND TENNESSEE

6 For expenses necessary for prosecuting work of flood

7 control, and rescue work, repair, restoration, or mainte8 nance of flood control projects threatened or destroyed by

9 flood, as authorized by law (33 U.S.C. 702a, 702g–1),

10 $289,000,000, to remain available until expended: Pro11 vided, That notwithstanding the funding limitations set

12 forth in Public Law 104–6 (109 Stat. 85), the Secretary

13 of the Army, acting through the Chief of Engineers, is

14 authorized and directed to use additional funds appro15 priated herein or previously appropriated to complete re16 medial measures to prevent slope instability at Hickman

17 Bluff, Kentucky.

18 OPERATION AND MAINTENANCE, GENERAL

19 For expenses necessary for the preservation, oper20 ation, maintenance, and care of existing river and harbor,

21 flood control, and related works, including such sums as

22 may be necessary for the maintenance of harbor channels

23 provided by a State, municipality or other public agency,

24 outside of harbor lines, and serving essential needs of gen25 eral commerce and navigation; surveys and charting of

26 northern and northwestern lakes and connecting waters;
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1 clearing and straightening channels; and removal of ob2 structions to navigation, $1,661,203,000, to remain avail3 able until expended, of which such sums as become avail4 able in the Harbor Maintenance Trust Fund, pursuant to

5 Public Law 99–662, may be derived from that fund, and

6 of which such sums as become available from the special

7 account established by the Land and Water Conservation

8 Act of 1965, as amended (16 U.S.C. 460l), may be derived

9 from that fund for construction, operation, and mainte10 nance of outdoor recreation facilities, and of which funds

11 are provided for the following projects in the amounts

12 specified:

13 Beverly Shores, Indiana, $1,700,000:

14 Provided, That no funds, whether appropriated, contrib15 uted, or otherwise provided, shall be available to the Unit16 ed States Army Corps of Engineers for the purpose of ac17 quiring land in Jasper County, South Carolina, in connec18 tion with the Savannah Harbor navigation project: Pro19 vided further, That the Secretary of the Army, acting

20 through the Chief of Engineers, is authorized and directed

21 to dredge a navigational channel in the Chena River at

22 Fairbanks, Alaska from its confluence with the Tanana

23 River upstream to the University Road Bridge that will

24 allow the safe passage during normal water levels of ves-
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1 sels up to 350 feet in length, 60 feet in width, and drafting

2 up to 3 feet.

3 REGULATORY PROGRAM

4 For expenses necessary for administration of laws

5 pertaining to regulation of navigable waters and wetlands,

6 $106,000,000, to remain available until expended.

7 FLOOD CONTROL AND COASTAL EMERGENCIES

8 For expenses necessary for emergency flood control,

9 hurricane, and shore protection activities, as authorized

10 by section 5 of the Flood Control Act approved August

11 18, 1941, as amended, $10,000,000, to remain available

12 until expended.

13 GENERAL EXPENSES

14 For expenses necessary for general administration

15 and related functions in the Office of the Chief of Engi16 neers and offices of the Division Engineers; activities of

17 the Coastal Engineering Research Board, the Humphreys

18 Engineer Center Support Activity, the Engineering Stra19 tegic Studies Center, the Water Resources Support Cen20 ter, the USACE Finance Center and for costs of imple21 menting the Secretary of the Army’s plan to reduce the

22 number of division offices as directed in title I, Public Law

23 104–46, $148,000,000, to remain available until ex24 pended: Provided, That no part of any other appropriation

25 provided in title I of this Act shall be available to fund

26 the activities of the Office of the Chief of Engineers or
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1 the executive direction and management activities of the

2 Division Offices.

3 REVOLVING FUND

4 Amounts in the Revolving Fund may be used to con5 struct a 17,000 square foot addition to the United States

6 Army Corps of Engineers Alaska District main office

7 building on Elemendorf Air Force Base. The Revolving

8 Fund shall be reimbursed for such funding from the bene9 fitting appropriations by collection each year of user fees

10 sufficient to repay the capitalized cost of the asset and

11 to operate and maintain the asset.

12 ADMINISTRATIVE PROVISION

13 Appropriations in this title shall be available for offi14 cial reception and representation expenses (not to exceed

15 $5,000); and during the current fiscal year the revolving

16 fund, Corps of Engineers, shall be available for purchase

17 (not to exceed 100 for replacement only) and hire of pas18 senger motor vehicles.

19 GENERAL PROVISIONS

20 CORPS OF ENGINEERS—CIVIL

21 SEC. 101. (a) In fiscal year 1998, the Secretary of

22 the Army shall advertise for competitive bid at least

23 8,500,000 cubic yards of the hopper dredge volume accom24 plished with government owned dredges in fiscal year

25 1992.
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1 (b) Notwithstanding the provisions of this section, the

2 Secretary is authorized to use the dredge fleet of the Corps

3 of Engineers to undertake projects when industry does not

4 perform as required by the contract specifications or when

5 the bids are more than 25 percent in excess of what the

6 Secretary determines to be a fair and reasonable estimated

7 cost of a well equipped contractor doing the work or to

8 respond to emergency requirements.

9 SEC. 102. In fiscal year 1998 and thereafter, the Sec10 retary of the Army is authorized and directed to provide

11 planning, design and construction assistance to non-Fed12 eral interests in carrying out water related environmental

13 infrastructure and environmental resources development

14 projects, including assistance for wastewater treatment

15 and related facilities; water supply, storage, treatment and

16 distribution facilities; and development, restoration or im17 provement of wetlands and other aquatic areas for the

18 purpose of protection or development of surface water re19 sources: Provided, That the non-Federal interest shall

20 enter into a binding agreement with the Secretary wherein

21 the non-Federal interest will provide all lands, easements,

22 rights-of-way, relocations, and dredge material disposal

23 areas required for the project, and pay 50 per centum of

24 the costs of required feasibility studies, 25 per centum of

25 the costs of designing and constructing the project, and
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1 100 per centum of the costs of operation, maintenance,

2 repair, replacement or rehabilitation of the project: Pro3 vided further, That the value of lands, easements, rights4 of-way, relocations and dredged material disposal areas

5 provided by the non-Federal interest shall be credited to6 ward the non-Federal share, not to exceed 25 per centum,

7 of the costs of dredging and constructing the project: Pro8 vided further, That hereafter the Federal share of the

9 costs of each of the individual projects undertaken shall

10 not exceed $5,000,000: Provided further, That utilizing

11 $10,000,000 of the funds appropriated herein, the Sec12 retary is directed to carry out this section.

13 TITLE II

14 DEPARTMENT OF THE INTERIOR

15 CENTRAL UTAH PROJECT

16 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

17 For carrying out activities authorized by the Central

18 Utah Project Completion Act, Public Law 102–575 (106

19 Stat. 4605), and for activities related to the Uintah and

20 Upalco Units authorized by 43 U.S.C. 620, $40,353,000,

21 to remain available until expended, of which $16,610,000

22 shall be deposited into the Utah Reclamation Mitigation

23 and Conservation Account: Provided, That of the amounts

24 deposited into that account, $5,000,000 shall be consid25 ered the Federal contribution authorized by paragraph
13

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1 402(b)(2) of the Central Utah Project Completion Act and

2 $11,610,000 shall be available to the Utah Reclamation

3 Mitigation and Conservation Commission to carry out ac4 tivities authorized under that Act.

5 In addition, for necessary expenses incurred in carry6 ing out responsibilities of the Secretary of the Interior

7 under that Act, $800,000, to remain available until ex8 pended.

9 BUREAU OF RECLAMATION

10 For carrying out the functions of the Bureau of Rec11 lamation as provided in the Federal reclamation laws (Act

12 of June 17, 1902, 32 Stat. 388, and Acts amendatory

13 thereof or supplementary thereto) and other Acts applica14 ble to that Bureau as follows:

15 WATER AND RELATED RESOURCES

16 (INCLUDING TRANSFER OF FUNDS)

17 For management, development, and restoration of

18 water and related natural resources and for related activi19 ties, including the operation, maintenance and rehabilita20 tion of reclamation and other facilities, participation in

21 fulfilling related Federal responsibilities to Native Ameri22 cans, and related grants to, and cooperative and other

23 agreements with, state and local governments, Indian

24 tribes, and others, to remain available until expended,

25 $688,379,000, of which $18,758,000 shall be available for

26 transfer to the Upper Colorado River Basin Fund and
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1 $55,920,000 shall be available for transfer to the Lower

2 Colorado River Basin Development Fund, and of which

3 such amounts as may be necessary may be advanced to

4 the Colorado River Dam Fund: Provided, That such trans5 fers may be increased or decreased within the overall ap6 propriation under this heading: Provided further, That of

7 the total appropriated, the amount for program activities

8 that can be financed by the Reclamation Fund or the Bu9 reau of Reclamation special fee account established by 16

10 U.S.C. 460l–6a(i) shall be derived from that Fund or ac11 count: Provided further, That funds contributed under 43

12 U.S.C. 395 are available until expended for the purposes

13 for which contributed: Provided further, That funds ad14 vanced under 43 U.S.C. 397a shall be credited to this ac15 count and are available until expended for the same pur16 poses as the sums appropriated under this heading: Pro17 vided further, That using $500,000 of funds appropriated

18 herein, the Secretary of the Interior shall undertake a non19 reimbursable project to install drains in the Pena Blanca

20 area of New Mexico to prevent seepage from Cochiti Dam:

21 Provided further, That funds available for expenditure for

22 the Departmental Irrigation Drainage Program may be

23 expended by the Bureau of Reclamation for site remedi24 ation on a nonreimbursable basis: Provided further, That

25 section 10 of Public Law 89–108 as amended by section
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1 8 of Public Law 99–294 and section 1701(b) of Public

2 Law 102–575, is further amended by striking

3 ‘‘$61,000,000’’ and inserting in lieu thereof

4 ‘‘$62,300,000’’: Provided further, That the unexpended

5 balances of the Bureau of Reclamation appropriation ac6 counts for ‘‘Construction Program (Including Transfer of

7 Funds)’’, ‘‘General Investigations’’, ‘‘Emergency Fund’’,

8 and ‘‘Operation and Maintenance’’ shall be transferred to

9 and merged with this account, to be available for the pur10 poses for which they originally were appropriated.

11 BUREAU OF RECLAMATION LOAN PROGRAM ACCOUNT

12 For the cost of direct loans and/or grants,

13 $10,000,000, to remain available until expended, as au14 thorized by the Small Reclamation Projects Act of August

15 6, 1956, as amended (43 U.S.C. 422a–422l): Provided,

16 That such costs, including the cost of modifying such

17 loans, shall be as defined in section 502 of the Congres18 sional Budget Act of 1974: Provided further, That these

19 funds are available to subsidize gross obligations for the

20 principal amount of direct loans not to exceed

21 $31,000,000.

22 In addition, for administrative expenses necessary to

23 carry out the program for direct loans and/or grants, to

24 remain available until expended, $425,000: Provided, That

25 of the total sums appropriated, the amount of program
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1 activities that can be financed by the Reclamation Fund

2 shall be derived from that Fund.

3 CALIFORNIA BAY-DELTA ECOSYSTEM RESTORATION

4 For necessary expenses of the Department of the In5 terior and other participating Federal agencies in carrying

6 out the California Bay-Delta Environmental Enhancement

7 and Water Security Act consistent with plans to be ap8 proved by the Secretary of the Interior, in consultation

9 with such Federal agencies, $50,000,000, to remain avail10 able until expended, of which such amounts as may be nec11 essary to conform with such plans shall be transferred to

12 appropriate accounts of such Federal agencies: Provided,

13 That such funds may be obligated only as non-Federal

14 sources provide their share in accordance with the cost15 sharing agreement required under section 102(d) of such

16 Act: Provided further, That such funds may be obligated

17 prior to the completion of a final programmatic environ18 mental impact statement only if (1) consistent with 40

19 C.F.R. 1506.1(c), and (2) used for purposes that the Sec20 retary finds are of sufficiently high priority to warrant

21 such an expenditure.

22 CENTRAL VALLEY PROJECT RESTORATION FUND

23 For carrying out the programs, projects, plans, and

24 habitat restoration, improvement, and acquisition provi25 sions of the Central Valley Project Improvement Act, such

26 sums as may be collected in the Central Valley Project
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1 Restoration Fund pursuant to sections 3407(d),

2 3404(c)(3), 3405(f), and 3406(c)(1) of Public Law 102–

3 575, to remain available until expended: Provided, That

4 the Bureau of Reclamation is directed to levy additional

5 mitigation and restoration payments totaling $25,130,000

6 (October 1992 price levels) on a three-year rolling average

7 basis, as authorized by section 3407(d) of Public Law

8 102–575.

9 POLICY AND ADMINISTRATION

10 For necessary expenses of policy, administration and

11 related functions in the office of the Commissioner, the

12 Denver office, and offices in the five regions of the Bureau

13 of Reclamation, to remain available until expended,

14 $47,558,000, to be derived from the Reclamation Fund

15 and be nonreimbursable as provided in 43 U.S.C. 377:

16 Provided, That no part of any other appropriation in this

17 Act shall be available for activities or functions budgeted

18 as policy and administration expenses.

19 SPECIAL FUNDS

20 (TRANSFER OF FUNDS)

21 Sums herein referred to as being derived from the

22 reclamation fund or special fee account are appropriated

23 from the special funds in the Treasury created by the Act

24 of June 17, 1902 (43 U.S.C. 391) or the Act of December

25 22, 1987 (16 U.S.C. 460l–6a, as amended), respectively.

26 Such sums shall be transferred, upon request of the Sec-
18

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1 retary, to be merged with and expended under the heads

2 herein specified.

3 ADMINISTRATIVE PROVISION

4 Appropriations for the Bureau of Reclamation shall

5 be available for purchase of not to exceed 6 passenger

6 motor vehicles for replacement only.

7 TITLE III

8 DEPARTMENT OF ENERGY

9 NON-DEFENSE PROGRAMS

10 ENERGY RESEARCH

11 For expenses of the Department of Energy activities

12 including the purchase, construction and acquisition of

13 plant and capital equipment and other expenses necessary

14 for energy research in carrying out the purposes of the

15 Department of Energy Organization Act (42 U.S.C. 7101,

16 et seq.), including the acquisition or condemnation of any

17 real property or any facility or for plant or facility acquisi18 tion, construction, or expansion; purchase of passenger

19 motor vehicles (not to exceed 13 for replacement only),

20 $953,915,000, to remain available until expended; and, in

21 addition, $13,025,000 for energy assets acquisition, to re22 main available until expended.

23 ENVIRONMENTAL MANAGEMENT

24 (NONDEFENSE)

25 For Department of Energy expenses, including the

26 purchase, construction and acquisition of plant and capital
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1 equipment and other expenses necessary for nondefense

2 environmental management activities in carrying out the

3 purposes of the Department of Energy Organization Act

4 (42 U.S.C. 7101, et seq.), including the acquisition or con5 demnation of any real property or any facility or for plant

6 or facility acquisition, construction, or expansion,

7 $664,684,000, to remain available until expended.

8 URANIUM ENRICHMENT DECONTAMINATION AND

9 DECOMMISSIONING FUND

10 For necessary expenses in carrying out uranium en11 richment facility decontamination and decommissioning,

12 remedial actions and other activities of title II of the

13 Atomic Energy Act of 1954 and title X, subtitle A of the

14 Energy Policy Act of 1992, $230,000,000, to be derived

15 from the Fund, to remain available until expended.

16 NUCLEAR WASTE DISPOSAL FUND

17 For nuclear waste disposal activities to carry out the

18 purposes of Public Law 97–425, as amended, including

19 the acquisition of real property or facility construction or

20 expansion, $160,000,000, to remain available until ex21 pended, to be derived from the Nuclear Waste Fund; of

22 which $4,000,000 shall be available to the Nuclear Regu23 latory Commission to license a multi-purpose cannister de24 sign; and of which not to exceed $1,500,000 may be pro25 vided to the State of Nevada, solely to conduct scientific

26 oversight responsibilities pursuant to the Nuclear Waste
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1 Policy Act of 1982, (Public Law 97–425), as amended;

2 and of which not to exceed $6,175,000 may be provided

3 to affected local governments, as defined in Public Law

4 97–425, to conduct appropriate activities pursuant to the

5 Act: Provided further, That the distribution of the funds

6 to the units of local government shall be determined by

7 the Department of Energy: Provided further, That the

8 funds shall be made available to the State and units of

9 local government by direct payment: Provided further,

10 That within ninety days of the completion of each Federal

11 fiscal year, each State or local entity shall provide certifi12 cation to the Department of Energy, that all funds ex13 pended from such payments have been expended for activi14 ties as defined in Public Law 97–425. Failure to provide

15 such certification shall cause such entity to be prohibited

16 from any further funding provided for similar activities:

17 Provided further, That none of the funds herein appro18 priated may be: (1) used directly or indirectly to influence

19 legislative action on any matter pending before Congress

20 or a State legislature or for lobbying activity as provided

21 in 18 U.S.C. 1913; (2) used for litigation expenses; or (3)

22 used to support multistate efforts or other coalition build23 ing activities inconsistent with the restrictions contained

24 in this Act.
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1 SCIENCE

2 For expenses of the Department of Energy activities

3 including the purchase, construction and acquisition of

4 plant and capital equipment and other expenses necessary

5 for general science and research activities in carrying out

6 the purposes of the Department of Energy Organization

7 Act (42 U.S.C. 7101, et seq.), including the acquisition

8 or condemnation of any real property or facility or for

9 plant or facility acquisition, construction, or expansion;

10 and the purchase of 5 passenger motor vehicles for re11 placement only, $2,084,567,000, to remain available until

12 expended; and, in addition, $138,510,000 science assets

13 acquisition, to remain available until expended.

14 DEPARTMENTAL ADMINISTRATION

15 For salaries and expenses of the Department of En16 ergy necessary for Departmental Administration in carry17 ing out the purposes of the Department of Energy Organi18 zation Act (42 U.S.C. 7101, et seq.), including the hire

19 of passenger motor vehicles and official reception and rep20 resentation expenses (not to exceed $35,000),

21 $220,847,000, to remain available until expended, plus

22 such additional amounts as necessary to cover increases

23 in the estimated amount of cost of work for others not24 withstanding the provisions of the Anti-Deficiency Act (31

25 U.S.C. 1511, et seq.): Provided, That such increases in

26 cost of work are offset by revenue increases of the same
22

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1 or greater amount, to remain available until expended:

2 Provided further, That moneys received by the Department

3 for miscellaneous revenues estimated to total

4 $131,330,000 in fiscal year 1998 may be retained and

5 used for operating expenses within this account, and may

6 remain available until expended, as authorized by section

7 201 of Public Law 95–238, notwithstanding the provisions

8 of 31 U.S.C. 3302: Provided further, That the sum herein

9 appropriated shall be reduced by the amount of mis10 cellaneous revenues received during fiscal year 1998 so as

11 to result in a final fiscal year 1998 appropriation from

12 the General Fund estimated at not more than

13 $89,517,000.

14 OFFICE OF THE INSPECTOR GENERAL

15 For necessary expenses of the Office of the Inspector

16 General in carrying out the provisions of the Inspector

17 General Act of 1978, as amended, $27,500,000, to remain

18 available until expended.

19 ATOMIC ENERGY DEFENSE ACTIVITIES

20 WEAPONS ACTIVITIES

21 For Department of Energy expenses, including the

22 purchase, construction and acquisition of plant and capital

23 equipment and other expenses necessary for atomic energy

24 defense weapons activities in carrying out the purposes of

25 the Department of Energy Organization Act (42 U.S.C.

26 7101, et seq.), including the acquisition or condemnation
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1 of any real property or any facility or for plant or facility

2 acquisition, construction, or expansion; and the purchase

3 of passenger motor vehicles (not to exceed 70 for replace4 ment only), $4,302,450,000, to remain available until ex5 pended: Provided, That funding for any ballistic missile

6 defense program undertaken by the Department of Energy

7 for the Department of Defense shall be provided by the

8 Department of Defense according to procedures estab9 lished for Work for Others by the Department of Energy.

10 DEFENSE ENVIRONMENTAL RESTORATION AND WASTE

11 MANAGEMENT

12 For Department of Energy expenses, including the

13 purchase, construction and acquisition of plant and capital

14 equipment and other expenses necessary for atomic energy

15 defense environmental restoration and waste management

16 activities in carrying out the purposes of the Department

17 of Energy Organization Act (42 U.S.C. 7101, et seq.), in18 cluding the acquisition or condemnation of any real prop19 erty or any facility or for plant or facility acquisition, con20 struction, or expansion; and the purchase of passenger

21 motor vehicles (not to exceed 6 for replacement only),

22 $5,311,974,000, to remain available until expended, of

23 which $65,000,000 shall be available only for ‘‘Closure

24 Projects’’ to accelerate closure of specific facilities and

25 thereby significantly reduce outyear costs; and, in addi-
24

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1 tion, $343,000,000 for privatization projects, to remain

2 available until expended.

3 OTHER DEFENSE ACTIVITIES

4 For Department of Energy expenses, including the

5 purchase, construction and acquisition of plant and capital

6 equipment and other expenses necessary for atomic energy

7 defense, other defense activities, in carrying out the pur8 poses of the Department of Energy Organization Act (42

9 U.S.C. 7101, et seq.), including the acquisition or con10 demnation of any real property or any facility or for plant

11 or facility acquisition, construction, or expansion, and the

12 purchase of passenger motor vehicles (not to exceed 2 for

13 replacement only), $1,637,981,000, to remain available

14 until expended.

15 DEFENSE NUCLEAR WASTE DISPOSAL

16 For nuclear waste disposal activities to carry out the

17 purposes of Public Law 97–425, as amended, including

18 the acquisition of real property or facility construction or

19 expansion, $190,000,000, to remain available until ex20 pended.

21 POWER MARKETING ADMINISTRATIONS

22 OPERATION AND MAINTENANCE, ALASKA POWER

23 ADMINISTRATION

24 For necessary expenses of operation and maintenance

25 of projects in Alaska and of marketing electric power and

26 energy, $3,500,000, to remain available until expended;
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1 and, in addition, $20,000,000 for capital assets acquisi2 tion, to remain available until expended.

3 BONNEVILLE POWER ADMINISTRATION FUND

4 Expenditures from the Bonneville Power Administra5 tion Fund, established pursuant to Public Law 93–454,

6 are approved for the anadromous fish supplementation fa7 cilities in the Yakima River Basin, Methow River Basin

8 and Upper Snake River Basin, for the Billy Shaw Res9 ervoir resident fish substitution project, and for the resi10 dent trout fish culture facility in southeast Idaho; and for

11 official reception and representation expenses in an

12 amount not to exceed $3,000.

13 During fiscal year 1998, no new direct loan obliga14 tions may be made.

15 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

16 ADMINISTRATION

17 For necessary expenses of operation and maintenance

18 of power transmission facilities and of marketing electric

19 power and energy pursuant to the provisions of section

20 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as

21 applied to the southeastern power area, $12,222,000, to

22 remain available until expended; in addition, notwith23 standing 31 U.S.C. 3302, not to exceed $20,000,000 in

24 reimbursements for transmission wheeling and ancillary

25 services, to remain available until expended.
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1 OPERATION AND MAINTENANCE, SOUTHWESTERN POWER

2 ADMINISTRATION

3 For necessary expenses of operation and maintenance

4 of power transmission facilities and of marketing electric

5 power and energy, and for construction and acquisition of

6 transmission lines, substations and appurtenant facilities,

7 and for administrative expenses, including official recep8 tion and representation expenses in an amount not to ex9 ceed $1,500 in carrying out the provisions of section 5

10 of the Flood Control Act of 1944 (16 U.S.C. 825s), as

11 applied to the southwestern power area, $26,500,000, to

12 remain available until expended; in addition, notwith13 standing the provisions of 31 U.S.C. 3302, not to exceed

14 $4,650,000 in reimbursements, to remain available until

15 expended.

16 CONSTRUCTION, REHABILITATION, OPERATION AND

17 MAINTENANCE, WESTERN AREA POWER ADMINISTRATION

18 (INCLUDING TRANSFER OF FUNDS)

19 For carrying out the functions authorized by title III,

20 section 302(a)(1)(E) of the Act of August 4, 1977 (42

21 U.S.C. 7101, et seq.), and other related activities includ22 ing conservation and renewable resources programs as au23 thorized, including the replacement of not more than 2

24 helicopters through transfers, exchange, or sale, and offi25 cial reception and representation expenses in an amount

26 not to exceed $1,500, $180,334,000, to remain available
27

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1 until expended, of which $174,935,000 shall be derived

2 from the Department of the Interior Reclamation Fund:

3 Provided, That of the amount herein appropriated,

4 $5,592,000 is for deposit into the Utah Reclamation Miti5 gation and Conservation Account pursuant to title IV of

6 the Reclamation Projects Authorization and Adjustment

7 Act of 1992: Provided further, That the Secretary of the

8 Treasury is authorized to transfer from the Colorado

9 River Dam Fund to the Western Area Power Administra10 tion $5,592,000 to carry out the power marketing and

11 transmission activities of the Boulder Canyon project as

12 provided in section 104(a)(4) of the Hoover Power Plant

13 Act of 1984, to remain available until expended.

14 FALCON AND AMISTAD OPERATING AND MAINTENANCE

15 FUND

16 For operation, maintenance, and emergency costs for

17 the hydroelectric facilities at the Falcon and Amistad

18 Dams, $1,065,000, to remain available until expended,

19 and to be derived from the Falcon and Amistad Operating

20 and Maintenance Fund of the Western Area Power Ad21 ministration, as provided in section 423 of the Foreign

22 Relations Authorization Act, fiscal years 1994 and 1995.

23 FEDERAL ENERGY REGULATORY COMMISSION

24 SALARIES AND EXPENSES

25 For necessary expenses of the Federal Energy Regu26 latory Commission to carry out the provisions of the De-
28

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1 partment of Energy Organization Act (42 U.S.C. 7101,

2 et seq.), including services as authorized by 5 U.S.C.

3 3109, the hire of passenger motor vehicles, and official

4 reception and representation expenses (not to exceed

5 $3,000), $162,141,000, to remain available until ex6 pended: Provided, That notwithstanding any other provi7 sion of law, not to exceed $162,141,000 of revenues from

8 fees and annual charges, and other services and collections

9 in fiscal year 1998 shall be retained and used for nec10 essary expenses in this account, and shall remain available

11 until expended: Provided further, That the sum herein ap12 propriated from the General Fund shall be reduced as rev13 enues are received during fiscal year 1998 so as to result

14 in a final fiscal year 1998 appropriation from the General

15 Fund estimated at not more than $0.

16 GENERAL PROVISIONS

17 TITLE IV

18 INDEPENDENT AGENCIES

19 APPALACHIAN REGIONAL COMMISSION

20 For expenses necessary to carry out the programs au21 thorized by the Appalachian Regional Development Act of

22 1965, as amended, notwithstanding section 405 of said

23 Act, and for necessary expenses for the Federal Co-Chair24 man and the alternate on the Appalachian Regional Com25 mission and for payment of the Federal share of the ad-
29

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1 ministrative expenses of the Commission, including serv2 ices as authorized by 5 U.S.C. 3109, and hire of passenger

3 motor vehicles, $160,000,000, to remain available until ex4 pended.

5 DEFENSE NUCLEAR FACILITIES SAFETY BOARD

6 SALARIES AND EXPENSES

7 For necessary expenses of the Defense Nuclear Fa8 cilities Safety Board in carrying out activities authorized

9 by the Atomic Energy Act of 1954, as amended by Public

10 Law 100–456, section 1441, $17,500,000, to remain

11 available until expended.

12 NUCLEAR REGULATORY COMMISSION

13 SALARIES AND EXPENSES

14 (INCLUDING TRANSFER OF FUNDS)

15 For necessary expenses of the Commission in carry16 ing out the purposes of the Energy Reorganization Act

17 of 1974, as amended, and the Atomic Energy Act of 1954,

18 as amended, including the employment of aliens; services

19 authorized by 5 U.S.C. 3109; publication and dissemina20 tion of atomic information; purchase, repair, and cleaning

21 of uniforms; official representation expenses (not to exceed

22 $20,000); reimbursements to the General Services Admin23 istration for security guard services; hire of passenger

24 motor vehicles and aircraft, $476,500,000, to remain

25 available until expended: Provided, That of the amount ap26 propriated herein, $17,000,000 shall be derived from the
30

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1 Nuclear Waste Fund: Provided further, That from this ap2 propriation, transfer of sums may be made to other agen3 cies of the Government for the performance of the work

4 for which this appropriation is made, and in such cases

5 the sums so transferred may be merged with the appro6 priation to which transferred: Provided further, That mon7 eys received by the Commission for the cooperative nuclear

8 safety research program, services rendered to State gov9 ernments, foreign governments and international organi10 zations, and the material and information access author11 ization programs, including criminal history checks under

12 section 149 of the Atomic Energy Act may be retained

13 and used for salaries and expenses associated with those

14 activities, notwithstanding 31 U.S.C. 3302, and shall re15 main available until expended: Provided further, That reve16 nues from licensing fees, inspection services, and other

17 services and collections estimated at $457,500,000 in fis18 cal year 1998 shall be retained and used for necessary

19 salaries and expenses in this account, notwithstanding 31

20 U.S.C. 3302, and shall remain available until expended:

21 Provided further, That the funds herein appropriated for

22 regulatory reviews and other assistance provided to the

23 Department of Energy and other Federal agencies shall

24 be excluded from license fee revenues, notwithstanding 42

25 U.S.C. 2214: Provided further, That the sum herein ap-
31

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1 propriated shall be reduced by the amount of revenues re2 ceived during fiscal year 1998 from licensing fees, inspec3 tion services and other services and collections, excluding

4 those moneys received for the cooperative nuclear safety

5 research program, services rendered to State governments,

6 foreign governments and international organizations, and

7 the material and information access authorization pro8 grams, so as to result in a final fiscal year 1997 appro9 priation estimated at not more than $19,000,000.

10 OFFICE OF INSPECTOR GENERAL

11 (INCLUDING TRANSFER OF FUNDS)

12 For necessary expenses of the Office of Inspector

13 General in carrying out the provisions of the Inspector

14 General Act of 1978, as amended, including services au15 thorized by 5 U.S.C. 3109, $4,800,000, to remain avail16 able until expended; and in addition, an amount not to

17 exceed 5 percent of this sum may be transferred from Sal18 aries and Expenses, Nuclear Regulatory Commission: Pro19 vided, That notice of such transfers shall be given to the

20 Committees on Appropriations of the House and Senate:

21 Provided further, That from this appropriation, transfers

22 of sums may be made to other agencies of the Government

23 for the performance of the work for which this appropria24 tion is made, and in such cases the sums so transferred

25 may be merged with the appropriation to which trans-
32

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1 ferred: Provided further, That revenues from licensing

2 fees, inspection services, and other services and collections

3 shall be retained and used for necessary salaries and ex4 penses in this account, notwithstanding 31 U.S.C. 3302,

5 and shall remain available until expended: Provided fur6 ther, That the sum herein appropriated shall be reduced

7 by the amount of revenues received during fiscal year

8 1998 from licensing fees, inspection services, and other

9 services and collections, so as to result in a final fiscal

10 year 1998 appropriation estimated at not more than $0.

11 NUCLEAR WASTE TECHNICAL REVIEW BOARD

12 SALARIES AND EXPENSES

13 For necessary expenses of the Nuclear Waste Tech14 nical Review Board, as authorized by Public Law 100–

15 203, section 5051, $3,200,000, to be derived from the Nu16 clear Waste Fund, and to remain available until expended.

17 TENNESSEE VALLEY AUTHORITY

18 For the purpose of carrying out the provisions of the

19 Tennessee Valley Authority Act of 1933, as amended (16

20 U.S.C. ch. 12A), including hire, maintenance, and oper21 ation of aircraft, and purchase and hire of passenger

22 motor vehicles, $86,000,000, to remain available until ex23 pended:
33

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1 TITLE V

2 GENERAL PROVISIONS

3 SEC. 501. (a) PURCHASE OF AMERICAN-MADE

4 EQUIPMENT AND PRODUCTS.—It is the sense of the Con5 gress that, to the greatest extent practicable, all equip6 ment and products purchased with funds made available

7 in this Act should be American-made.

8 (b) NOTICE REQUIREMENT.—In providing financial

9 assistance to, or entering into any contract with, any en10 tity using funds made available in this Act, the head of

11 each Federal agency, to the greatest extent practicable,

12 shall provide to such entity a notice describing the state13 ment made in subsection (a) by the Congress.

14 (c) PROHIBITION OF CONTRACTS WITH PERSONS

15 FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—

16 If it has been finally determined by a court or Federal

17 agency that any person intentionally affixed a label bear18 ing a ‘‘Made in America’’ inscription, or any inscription

19 with the same meaning, to any product sold in or shipped

20 to the United States that is not made in the United

21 States, the person shall be ineligible to receive any con22 tract or subcontract made with funds made available in

23 this Act, pursuant to the debarment, suspension, and ineli24 gibility procedures described in sections 9.400 through

25 9.409 of title 48, Code of Federal Regulations.
34

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1 SEC. 502. Section 1621 of title XVI of the Reclama2 tion Wastewater and Groundwater Act, Public Law 104–

3 266, is amended by—

4 (1) striking ‘‘Study’’ in the section title, and in5 serting ‘‘Project’’;

6 (2) inserting in subsection (a) ‘‘planning, de7 sign, and construction of the’’ following ‘‘to partici8 pate in the’’; and

9 (3) inserting in subsection (a) ‘‘and nonpotable

10 surface water’’ following ‘‘impaired ground water’’.

11 SEC. 503. Section 1208(a)(2) of the Yavapai-Prescott

12 Indian Treaty Settlement Act of 1994 (Public Law 103–

13 434) is amended by striking ‘‘$4,000,000 for construc14 tion’’ and inserting in lieu thereof ‘‘$13,000,000, at 1997

15 prices, for construction plus or minus such amounts as

16 may be justified by reason of ordinary fluctuations of ap17 plicable cost indexes’’.

18 This Act may be cited as the ‘‘Energy and Water De19 velopment Appropriations Act, 1998’’.