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[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2138 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 401
105th CONGRESS
  2d Session
                                S. 2138

                          [Report No. 105-206]

 Making appropriations for energy and water development for the fiscal 
        year ending September 30, 1999, and for other purposes.

Rule___________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              June 5, 1998

   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, 1999, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the fiscal year ending September 30, 1999, for energy 
and water development, and for other purposes, namely:

                                TITLE I

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

    The following appropriations shall be expended under the direction 
of the Secretary of the Army and the supervision of the Chief of 
Engineers for authorized civil functions of the Department of the Army 
pertaining to rivers and harbors, flood control, beach erosion, and 
related purposes.

                         general investigations

    For expenses necessary for the collection and study of basic 
information pertaining to river and harbor, flood control, shore 
protection, and related projects, restudy of authorized projects, 
miscellaneous investigations, and, when authorized by laws, surveys and 
detailed studies and plans and specifications of projects prior to 
construction, $165,390,000, to remain available until expended, of 
which funds are provided for the following projects in the amounts 
specified:
            Rehoboth and Dewey Beaches, Delaware, $150,000;
            Fort Pierce Shore Protection, Florida, $300,000;
            Lido Key Beach, Florida, $300,000;
            Paducah, Kentucky, $100,000; and
            Lake Pontchartrain Basin Comprehensive Study, Louisiana, 
        $500,000:
Provided, That the Secretary of the Army, acting through the Chief of 
Engineers, is directed to use $700,000 of the funds appropriated in 
Public Law 102-377 for the Red River Waterway, Shreveport, Louisiana, 
to Daingerfield, Texas, project for the feasibility phase of the Red 
River Navigation, Southwest Arkansas, study.

                         construction, general

    For the prosecution of river and harbor, flood control, shore 
protection, and related projects authorized by laws; and detailed 
studies, and plans and specifications, of projects (including those for 
development with participation or under consideration for participation 
by States, local governments, or private groups) authorized or made 
eligible for selection by law (but such studies shall not constitute a 
commitment of the Government to construction), $1,248,068,000, to 
remain available until expended, of which such sums as are necessary 
for the Federal share of construction costs for facilities under the 
Dredge Material Disposal Facilities program shall be derived from the 
Harbor Maintenance Trust Fund, as authorized by Public Law 104-303; and 
of which such sums as are necessary pursuant to Public Law 99-662 shall 
be derived from the Inland Waterways Trust Fund, for one-half of the 
costs of construction and rehabilitation of inland waterways projects, 
including rehabilitation costs for the Lock and Dam 25, Mississippi 
River, Illinois and Missouri; Lock and Dam 14, Mississippi River, Iowa; 
Lock and Dam 24, Mississippi River, Illinois and Missouri; and Lock and 
Dam 3, Mississippi River, Minnesota, projects, and of which funds are 
provided for the following projects in the amounts specified:
            Norco Bluffs, California, $4,000,000;
            Panama City Beaches, Florida, $5,000,000;
            Indianapolis Central Waterfront, Indiana, $4,000,000;
            Harlan, Williamsburg, Pike County Middlesboro, Cumberland 
        City/Harland County, and Martin County, elements of the Levisa 
        and Tug Forks of the Big Sandy River and Upper Cumberland River 
        project in Kentucky, $28,500,000;
            Lake Pontchartrain and Vicinity (Hurricane Protection), 
        Louisiana, $10,000,000;
            Lake Pontchartrain (Jefferson Parish) Stormwater Discharge, 
        Louisiana, $6,000,000;
            Jackson County, Mississippi, $4,500,000;
            Pascagoula Harbor, Mississippi, $10,000,000;
            Wallisville Lake, Texas, $8,000,000;
            Virginia Beach, Virginia (Hurricane Protection), 
        $20,000,000;
            Upper Mingo County (including Mingo County Tributaries), 
        Lower Mingo County (Kermit), Wayne County, Hatfield Bottom, and 
        McDowell County, elements of the Levisa and Tug Forks of the 
        Big Sandy River and Upper Cumberland River project in West 
        Virginia, $12,300,000; and the Grundy, Virginia element of the 
        Levisa and Tug Forks of the Big Sandy River and Upper 
        Cumberland River project, $1,000,000:
Provided, That the navigation project for Cook Inlet Navigation, 
Alaska, authorized by Section 101(b)(2) of Public Law 104-303 is 
modified to authorize the Secretary of the Army, acting through the 
Chief of Engineers to construct the project at a total cost of 
$12,600,000 with an estimated first Federal cost of $9,450,000 and an 
estimated first non-Federal cost of $3,150,000: Provided further, That 
the Secretary of the Army, acting through the Chief of Engineers is 
directed to use $5,000,000 provided herein to construct bluff 
stabilization measures at authorized locations for the Natchez Bluff, 
Mississippi at a total estimated cost of $26,065,000 with an estimated 
first Federal cost of $19,549,000 and an estimated first non-Federal 
cost of $6,516,000 and to award continuing contracts, which are not to 
be considered fully funded: Provided further, That the Secretary of the 
Army, acting through the Chief of Engineers, is directed to use funds 
previously appropriated for the LaFarge Lake, Kickapoo River, Wisconsin 
project to complete and transmit to the appropriate committees of 
Congress by January 15, 1999 a decision document on the advisability of 
undertaking activities authorized by Public Law 104-303: Provided 
further, That the Secretary of the Army, acting through the Chief of 
Engineers, may use up to $8,000,000 of the funding appropriated herein 
to initiate construction of an emergency outlet from Devils Lake, North 
Dakota, to the Sheyenne River, and that this amount is designated by 
Congress as an emergency requirement pursuant to section 251(b)(2)(A) 
of the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended (2 U.S.C. 901(b)(2)(D)(i)); except that funds shall not become 
available unless the Secretary of the Army determines that an emergency 
(as defined in section 102 of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5122)) exists with respect to 
the emergency need for the outlet and reports to Congress that the 
construction is technically sound, economically justified, and 
environmentally acceptable and in compliance with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.): Provided 
further, That the economic justification for the emergency outlet shall 
be prepared in accordance with the principles and guidelines for 
economic evaluation as required by regulations and procedures of the 
Army Corps of Engineers for all flood control projects, and that the 
economic justification be fully described, including the analysis of 
the benefits and costs, in the project plan documents: Provided 
further, That the plans for the emergency outlet shall be reviewed and, 
to be effective, shall contain assurances provided by the Secretary of 
State, after consultation with the International Joint Commission, that 
the project will not violate the requirements or intent of the Treaty 
Between the United States and Great Britain Relating to Boundary Waters 
Between the United States and Canada, signed at Washington January 11, 
1909 (36 Stat. 2448; TS 548) (commonly known as the ``Boundary Waters 
Treaty of 1909''): Provided further, That the Secretary of the Army 
shall submit the final plans and other documents for the emergency 
outlet to Congress: Provided further, That no funds made available 
under this Act or any other Act for any fiscal year may be used by the 
Secretary of the Army to carry out the portion of the feasibility study 
of the Devils Lake Basin, North Dakota, authorized under the Energy and 
Water Development Appropriations Act, 1993 (Public Law 102-377), that 
addresses the needs of the area for stabilized lake levels through 
inlet controls, or to otherwise study any facility or carry out any 
activity that would permit the transfer of water from the Missouri 
River Basin into Devils Lake: Provided further, That the entire amount 
of $8,000,000 shall be available only to the extent an official budget 
request, that includes the designation of the entire amount of the 
request as an emergency requirement as defined by the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended, is transmitted 
by the President to the Congress.

 flood control, mississippi river and tributaries, arkansas, illinois, 
       kentucky, louisiana, mississippi, missouri, and tennessee

    For expenses necessary for prosecuting work of flood control, and 
rescue work, repair, restoration, or maintenance of flood control 
projects threatened or destroyed by flood, as authorized by law (33 
U.S.C. 702a, 702g-1), $313,234,000, to remain available until expended.

                   operation and maintenance, general

    For expenses necessary for the preservation, operation, 
maintenance, and care of existing river and harbor, flood control, and 
related works, including such sums as may be necessary for the 
maintenance of harbor channels provided by a State, municipality or 
other public agency, outside of harbor lines, and serving essential 
needs of general commerce and navigation; surveys and charting of 
northern and northwestern lakes and connecting waters; clearing and 
straightening channels; and removal of obstructions to navigation, 
$1,667,572,000, to remain available until expended, of which such sums 
as become available from the special account established by the Land 
and Water Conservation Act of 1965, as amended (16 U.S.C. 460l), may be 
derived from that Fund for construction, operation, and maintenance of 
outdoor recreation facilities, and of which funds are provided for the 
following projects in the amounts specified:
            Ponce DeLeon Inlet, Florida, $4,000,000;
            Delaware River, Philadelphia to the Sea, Pea Patch Island, 
        Delaware and New Jersey, $1,500,000; and
            Yuquina Bay and Harbor, North Marina Breakwater, Oregon, 
        $1,100,000:
Provided, That no funds, whether appropriated, contributed, or 
otherwise provided, shall be available to the United States Army Corps 
of Engineers for the purpose of acquiring land in Jasper County, South 
Carolina, in connection with the Savannah Harbor navigation project: 
Provided further, That notwithstanding section 103(c)(1) of Public Law 
99-662, the Secretary of the Army is directed to use up to $100,000 of 
the funds appropriated herein for the Bluestone Lake, West Virginia, 
project to reimburse the Tri-Cities Power Authority the total amount 
provided by the Authority to the Department of the Army after fiscal 
year 1997 for the reevaluation study for the project.

                           regulatory program

    For expenses necessary for administration of laws pertaining to 
regulation of navigable waters and wetlands, $106,000,000, to remain 
available until expended.

            formerly utilized sites remedial action program

                     (including transfer of funds)

    For expenses necessary to clean up contaminated sites throughout 
the United States where work was performed as part of the Nation's 
early atomic energy program, $140,000,000, to remain available until 
expended: Provided, That the remedial actions by the U.S. Army Corps of 
Engineers under this program shall consist of the following functions 
and activities to be performed at eligible sites where remediation has 
not been completed: sampling and assessment of contaminated areas, 
characterization of site conditions, determination of the nature and 
extent of contamination, preparation of designation reports, cleanup 
and closeout of sites, and any other functions determined by the Chief 
of Engineers as necessary of remediation: Provided further, That 
remedial actions by the U.S. Army Corps of Engineers under this program 
shall be subject to the administrative, procedural, and regulatory 
provisions of the Comprehensive Environmental Response, Compensation 
and Liability Act, 42 U.S.C. 9601 et seq., and the Notional Oil and 
Hazardous Substances Pollution Contingency Plan, 40 C.F.R., Chapter 1, 
Part 300: Provided further, That, except as stated herein, these 
provisions do not alter, curtail or limit the authorities, function or 
responsibilities of other agencies under the Atomic Energy Act, 42 
U.S.C. 2011 et seq.: Provided further, That the unexpended balances of 
prior appropriations provided for these activities in this Act or any 
previous Energy and Water Development Appropriations Act may be 
transferred to and merged with this appropriation account, and 
thereafter, may be accounted for as one fund for the same time period 
as originally enacted.

                            general expenses

    For expenses necessary for general administration and related 
functions in the Office of the Chief of Engineers and offices of the 
Division Engineers; activities of the Coastal Engineering Research 
Board, the Humphreys Engineer Center Support Activity, the Water 
Resources Support Center, and the USACE Finance Center; and for costs 
of implementing the Secretary of the Army's plan to reduce the number 
of division offices as directed in title I, Public Law 104-206, 
$148,000,000, to remain available until expended: Provided, That no 
part of any other appropriation provided in title I of this Act shall 
be available to fund the activities of the Office of the Chief of 
Engineers or the executive direction and management activities of the 
division offices.

                             revolving fund

    Amounts in the Revolving Fund may be used to construct a 17,000 
square foot addition to the United States Army Corps of Engineers 
Alaska District main office building on Elemendorf Air Force Base. The 
Revolving Fund shall be reimbursed for such funding from appropriations 
of the benefitting programs by collection each year of user fees 
sufficient to repay the capitalized cost of the asset and to operate 
and maintain the asset. Using amounts available in the Revolving Fund, 
the Secretary of the Army is authorized to renovate office space in the 
General Accounting Office headquarters building in Washington, DC, for 
use by the Corps and GAO. The Secretary is authorized to enter into a 
lease with GAO to occupy such renovated space as appropriate, for the 
Corps' headquarters. The Secretary shall ensure that the Revolving Fund 
is appropriately reimbursed from appropriations of the Corps' 
benefitting programs by collection each year of amounts sufficient to 
repay the capitalized cost of such renovation and through rent 
reductions or rebates from GAO.

                        administrative provision

    Appropriations in this title shall be available for official 
reception and representation expenses (not to exceed $5,000); and 
during the current fiscal year the Revolving Fund, Corps of Engineers, 
shall be available for purchase (not to exceed 100 for replacement 
only) and hire of passenger motor vehicles.

                           GENERAL PROVISIONS

                       Corps of Engineers--Civil

    Section 101. Notwithstanding any other provisions of law, no fully 
allocated funding policy shall be applied to projects for which funds 
are identified in the Committee reports accompanying the Act or a 
subsequent Energy and Water Development Appropriations Act under the 
Construction, General; Operation and Maintenance, General; and Flood 
Control, Mississippi River and Tributaries, appropriation accounts: 
Provided, That the Secretary of the Army, acting through the Chief of 
Engineers, is directed to undertake these projects using continuing 
contracts, as authorized in section 10 of the Rivers and Harbors Act of 
September 22, 1922 (33 U.S.C. 621).
    Sec. 102. In fiscal year 1999, the Secretary of the Army is 
authorized and directed to provide planning, design and construction 
assistance to non-Federal interests in carrying out water-related 
environmental infrastructure and environmental resources development 
projects in Alaska, including assistance for wastewater treatment and 
related facilities; water supply, storage, treatment and distribution 
facilities; development, restoration or improvement of wetlands and 
other aquatic areas for the purpose of protection or development of 
surface water resources; and bulk fuel storage, rural power, erosion 
control, and comprehensive utility planning: Provided, That the non-
Federal interest shall enter into a binding agreement with the 
Secretary wherein the non-Federal interest will provide all lands, 
easements, rights-of-way, relocations, and dredge material disposal 
areas required for the project, and pay 50 per centum of the costs of 
required feasibility studies, 25 per centum of the costs of designing 
and constructing the project, and 100 per centum of the costs of 
operation, maintenance, repair, replacement or rehabilitation of the 
project: Provided further, That the value of lands, easements, rights-
of-way, relocations and dredged material disposal areas provided by the 
non-Federal interest shall be credited toward the non-Federal share, 
not to exceed 25 per centum, of the costs of designing and constructing 
the project: Provided further, That utilizing $5,000,000 of the funds 
appropriated herein, the Secretary is directed to carry out this 
section.
    Sec. 103. None of the funds made available in this Act may be used 
to revise the Missouri River Master Water Control Manual when it is 
made known to the Federal entity or official to which the funds are 
made available that such revision provides for an increase in the 
springtime water release program during the spring heavy rainfall and 
snow melt period in States that have rivers draining into the Missouri 
River below the Gavins Point Dam.

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project

                central utah project completion account

    For carrying out activities authorized by the Central Utah Project 
Completion Act, and for activities related to the Uintah and Upalco 
Units authorized by 43 U.S.C. 620, $43,665,000, to remain available 
until expended, of which $15,476,000 shall be deposited into the Utah 
Reclamation Mitigation and Conservation Account: Provided, That of the 
amounts deposited into that account, $5,000,000 shall be considered the 
Federal contribution authorized by paragraph 402(b)(2) of the Central 
Utah Project Completion Act and $10,476,000 shall be available to the 
Utah Reclamation Mitigation and Conservation Commission to carry out 
activities authorized under that Act.
    In addition, for necessary expenses incurred in carrying out 
related responsibilities of the Secretary of the Interior, $1,283,000, 
to remain available until expended.

                         Bureau of Reclamation

    For carrying out the functions of the Bureau of Reclamation as 
provided in the Federal reclamation laws (Act of June 17, 1902, 32 
Stat. 388, and Acts amendatory thereof or supplementary thereto) and 
other Acts applicable to that Bureau as follows:

                      water and related resources

                     (including transfer of funds)

    For management, development, and restoration of water and related 
natural resources and for related activities, including the operation, 
maintenance and rehabilitation of reclamation and other facilities, 
participation in fulfilling related Federal responsibilities to Native 
Americans, and related grants to, and cooperative and other agreements 
with, State and local governments, Indian Tribes, and others, 
$697,919,000, to remain available until expended, of which $1,873,000 
shall be available for transfer to the Upper Colorado River Basin Fund 
and $46,218,000 shall be available for transfer to the Lower Colorado 
River Basin Development Fund, and of which such amounts as may be 
necessary may be advanced to the Colorado River Dam Fund: Provided, 
That such transfers may be increased or decreased within the overall 
appropriation under this heading: Provided further, That of the total 
appropriated, the amount for program activities that can be financed by 
the Reclamation Fund or the Bureau of Reclamation special fee account 
established by 16 U.S.C. 460l-6a(i) shall be derived from that Fund or 
account: Provided further, That funds contributed under 43 U.S.C. 395 
are available until expended for the purposes for which contributed: 
Provided further, That funds advanced under 43 U.S.C. 397a shall be 
credited to this account and are available until expended for the same 
purposes as the sums appropriated under this heading: Provided further, 
That of the total appropriated, $25,800,000 shall be derived by 
transfer of unexpended balances from the Bureau of Reclamation Working 
Capital Fund: Provided further, That funds available for expenditure 
for the Departmental Irrigation Drainage Program may be expended by the 
Bureau of Reclamation for site remediation on a non-reimbursable basis: 
Provided further, That the amount authorized for Indian municipal, 
rural, and industrial water features by section 10 of Public Law 89-
108, as amended by section 8 of Public Law 99-294 and section 1701(b) 
of Public Law 102-575, is increased by $2,000,000 (October 1997 
prices): Provided further, That the Secretary of the Interior is 
directed to use not to exceed $3,600,000 of funds appropriated herein 
as the Bureau of Reclamation share for completion of the McCall Area 
Wastewater Reclamation and Reuse, Idaho, project authorized in Public 
Law 105-62 and described in PN-FONSI-96-05.

               bureau of reclamation loan program account

    For the cost of direct loans and/or grants, $12,000,000, to remain 
available until expended, as authorized by the Small Reclamation 
Projects Act of August 6, 1956, as amended (43 U.S.C. 422a-422l): 
Provided, That such costs, including the cost of modifying such loans, 
shall be as defined in section 502 of the Congressional Budget Act of 
1974: Provided further, That these funds are available to subsidize 
gross obligations for the principal amount of direct loans not to 
exceed $38,000,000.
    In addition, for administrative expenses necessary to carry out the 
program for direct loans and/or grants, $425,000, to remain available 
until expended: Provided, That of the total sums appropriated, the 
amount of program activities that can be financed by the Reclamation 
Fund shall be derived from that Fund.

                central valley project restoration fund

    For carrying out the programs, projects, plans, and habitat 
restoration, improvement, and acquisition provisions of the Central 
Valley Project Improvement Act, $39,500,000 to be derived from such 
sums as may be collected in the Central Valley Project Restoration Fund 
pursuant to sections 3407(d), 3404(c)(3), 3405(f), and 3406(c)(1) of 
Public Law 102-575, to remain available until expended: Provided, That 
the Bureau of Reclamation is directed to assess and collect the full 
amount of the additional mitigation and restoration payments authorized 
by section 3407(d) of Public Law 102-575.

               california bay-delta ecosystem restoration

                     (including transfer of funds)

    For necessary expenses of the Department of the Interior and other 
participating Federal agencies in carrying out the California Bay-Delta 
Environmental Enhancement and Water Security Act consistent with plans 
to be approved by the Secretary of the Interior, in consultation with 
such Federal agencies, $65,000,000, to remain available until expended, 
of which such amounts as may be necessary to conform with such plans 
shall be transferred to appropriate accounts of such Federal agencies: 
Provided, That such funds may be obligated only as non-Federal sources 
provide their share in accordance with the cost-sharing agreement 
required under section 102(d) of such Act: Provided further, That such 
funds may be obligated prior to the completion of a final programmatic 
environmental impact statement only if: (1) consistent with 40 CFR 
1506.1(c); and (2) used for purposes that the Secretary finds are of 
sufficiently high priority to warrant such an expenditure.

                       policy and administration

    For necessary expenses of policy, administration, and related 
functions in the office of the Commissioner, the Denver office, and 
offices in the five regions of the Bureau of Reclamation, to remain 
available until expended, $48,000,000, to be derived from the 
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377: 
Provided, That no part of any other appropriation in this Act shall be 
available for activities or functions budgeted as policy and 
administration expenses.

                        administrative provision

    Appropriations for the Bureau of Reclamation shall be available for 
purchase of not to exceed six passenger motor vehicles for replacement 
only.

                               TITLE III

                          DEPARTMENT OF ENERGY

                            Energy Programs

                             energy supply

    For expenses of the Department of Energy activities including the 
purchase, construction and acquisition of plant and capital equipment 
and other expenses necessary for energy supply, uranium supply and 
enrichment activities in carrying out the purposes of the Department of 
Energy Organization Act (42 U.S.C. 7101 et seq.), including the 
acquisition or condemnation of any real property or any facility or for 
plant or facility acquisition, construction, or expansion; and the 
purchase of 22 passenger motor vehicles for replacement only, 
$699,836,000, to remain available until October 1, 2000, of which not 
to exceed $25,000 may be used for official reception and representation 
expenses for transparency activities and of which not to exceed 
$1,500,000 may be used to pay a portion of the expenses necessary to 
meet the United States' annual obligations of membership in the Nuclear 
Energy Agency.

                  non-defense environmental management

    For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and other 
expenses necessary for non-defense environmental management activities 
in carrying out the purposes of the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation 
of any real property or any facility or for plant or facility 
acquisition, construction or expansion, $456,700,000, to remain 
available until expended.

      uranium enrichment decontamination and decommissioning fund

    For necessary expenses in carrying out uranium enrichment facility 
decontamination and decommissioning, remedial actions and other 
activities of title II of the Atomic Energy Act of 1954 and title X, 
subtitle A of the Energy Policy Act of 1992, $200,000,000, to be 
derived from the Fund, to remain available until expended: Provided, 
That $30,000,000 of amounts derived from the Fund for such expenses 
shall be available in accordance with title X, subtitle A, of the 
Energy Policy Act of 1992.

                                science

    For expenses of the Department of Energy activities including the 
purchase, construction and acquisition of plant and capital equipment 
and other expenses necessary for science activities in carrying out the 
purposes of the Department of Energy Organization Act (42 U.S.C. 7101 
et seq.), including the acquisition or condemnation of any real 
property or facility or for plant or facility acquisition, 
construction, or expansion, and purchase of 15 passenger motor vehicles 
for replacement only, $2,669,560,000, to remain available until 
expended: Provided, That $7,600,000 of the unobligated balances 
originally available for Superconducting Super Collider termination 
activities shall be made available for other activities under this 
heading.

                      nuclear waste disposal fund

    For nuclear waste disposal activities to carry out the purposes of 
Public Law 97-425, as amended, including the acquisition of real 
property or facility construction or expansion, $190,000,000, to remain 
available until expended, to be derived from the Nuclear Waste Fund; of 
which not to exceed $4,875,000 may be provided to the State of Nevada 
solely to conduct scientific oversight responsibilities pursuant to the 
Nuclear Waste Policy Act of 1982; and of which not to exceed $5,540,000 
may be provided to affected local governments, as defined in Public Law 
97-425, to conduct appropriate activities pursuant to the Act: 
Provided, That the distribution of the funds to the units of local 
government shall be determined by the Department of Energy: Provided 
further, That the funds shall be made available to the units of local 
government by direct payment: Provided further, That within ninety days 
of the completion of each Federal fiscal year, each local entity shall 
provide certification to the Department of Energy, that all funds 
expended from such payments have been expended for activities as 
defined in Public Law 97-425. Failure to provide such certification 
shall cause such entity to be prohibited from any further funding 
provided for similar activities: Provided further, That none of the 
funds herein appropriated may be: (1) used directly or indirectly to 
influence legislative action on any matter pending before Congress or a 
State legislature or for lobbying activity as provided in 18 U.S.C. 
1913; (2) used for litigation expenses; or (3) used to support 
multistate efforts or other coalition building activities inconsistent 
with the restrictions contained in this Act.

                      departmental administration

    For salaries and expenses of the Department of Energy necessary for 
departmental administration in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the hire of passenger motor vehicles and official reception 
and representation expenses (not to exceed $35,000), $238,539,000, to 
remain available until expended: Provided, That moneys received by the 
Department for miscellaneous revenues estimated to total $136,530,000 
in fiscal year 1999 may be retained and used for operating expenses 
within this account, and may remain available until expended, as 
authorized by section 201 of Public Law 95-238, notwithstanding the 
provisions of 31 U.S.C. 3302: Provided further, That the sum herein 
appropriated shall be reduced by the amount of miscellaneous revenues 
received during fiscal year 1999 so as to result in a final fiscal year 
1999 appropriation from the General Fund estimated at not more than 
$102,009,000.

                    office of the inspector general

    For necessary expenses of the Office of the Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $27,500,000, to remain available until expended.

                    Atomic Energy Defense Activities

                           weapons activities

    For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and other 
incidental expenses necessary for atomic energy defense weapons 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion; the purchase of one 
fixed wing aircraft; and the purchase of passenger motor vehicles (not 
to exceed 32 for replacement only, and one bus), $4,445,700,000, to 
remain available until expended: Provided, That funding for any 
ballistic missile defense program undertaken by the Department of 
Energy for the Department of Defense shall be provided by the 
Department of Defense according to procedures established for Work for 
Others by the Department of Energy.

         defense environmental restoration and waste management

    For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and other 
expenses necessary for atomic energy defense environmental restoration 
and waste management activities in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or any 
facility or for plant or facility acquisition, construction, or 
expansion; and the purchase of passenger motor vehicles (not to exceed 
3 new sedans and 6 for replacement only, of which 3 are sedans, 2 are 
buses, and one is an ambulance), $4,293,403,000, to remain available 
until expended.

                  defense facilities closure projects

    For expenses of the Department of Energy to accelerate the closure 
of defense environmental management sites, including the purchase, 
construction and acquisition of plant and capital equipment and other 
necessary expenses, $1,048,240,000, to remain available until expended.

             defense environmental management privatization

    For Department of Energy expenses for privatization projects 
necessary for atomic energy defense environmental restoration and waste 
management activities authorized by the Department of Energy 
Organization Act (42 U.S.C. 7101, et seq.), $241,857,000, to remain 
available until expended.

                        other defense activities

    For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and other 
expenses necessary for atomic energy defense, other defense activities, 
in carrying out the purposes of the Department of Energy Organization 
Act (42 U.S.C. 7101, et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, $1,658,160,000, to 
remain available until expended: Provided, That of the amount 
appropriated herein $5,000,000 shall be available for the joint U.S.-
Russian development of a passively safe advanced reactor technology to 
dispose of Russian excess weapons derived plutonium: Provided further, 
That $56,700,000 appropriated herein is to procure plutonium 
disposition services and to begin Title I design for a mixed-oxide fuel 
fabrication facility: Provided further, That such funds shall not be 
available except as necessary to implement a bilateral program with the 
Russian Federation to convert to non-weapons forms and dispose of 
excess weapons plutonium in accordance with which the United States 
will at no time convert to non-weapons forms quantities of excess 
weapons plutonium greater than those converted to non-weapons forms by 
the Russian Federation.

                     defense nuclear waste disposal

    For nuclear waste disposal activities to carry out the purposes of 
Public Law 97-425, as amended, including the acquisition of real 
property or facility construction or expansion, $185,000,000, to remain 
available until expended.

                    Power Marketing Administrations

         operation and maintenance, alaska power administration

    For capital assets acquisition, $5,000,000, to remain available 
until expended.

                  bonneville power administration fund

    Expenditures from the Bonneville Power Administration Fund, 
established pursuant to Public Law 93-454, are approved for official 
reception and representation expenses in an amount not to exceed 
$3,000.
    During fiscal year 1999, no new direct loan obligations may be 
made.

      operation and maintenance, southeastern power administration

    For necessary expenses of operation and maintenance of power 
transmission facilities and of marketing electric power and energy 
pursuant to the provisions of section 5 of the Flood Control Act of 
1944 (16 U.S.C. 825s), as applied to the southeastern power area, 
$8,500,000, to remain available until expended; in addition, 
notwithstanding 31 U.S.C. 3302, not to exceed $28,000,000 in 
reimbursements of which $20,000,000 is for transmission wheeling and 
ancillary services and $8,000,000 is for power purchases at the Richard 
B. Russell Project, to remain available until expended.

      operation and maintenance, southwestern power administration

    For necessary expenses of operation and maintenance of power 
transmission facilities and of marketing electric power and energy, and 
for construction and acquisition of transmission lines, substations and 
appurtenant facilities, and for administrative expenses, including 
official reception and representation expenses in an amount not to 
exceed $1,500 in carrying out the provisions of section 5 of the Flood 
Control Act of 1944 (16 U.S.C. 825s), as applied to the southwestern 
power area, $26,000,000, to remain available until expended; in 
addition, notwithstanding the provisions of 31 U.S.C. 3302, not to 
exceed $4,200,000 in reimbursements, to remain available until 
expended.

 construction, rehabilitation, operation and maintenance, western area 
                          power administration

                     (including transfer of funds)

    For carrying out the functions authorized by title III, section 
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other 
related activities including conservation and renewable resources 
programs as authorized, including official reception and representation 
expenses in an amount not to exceed $1,500, $215,435,000, to remain 
available until expended, of which $206,222,000 shall be derived from 
the Department of the Interior Reclamation Fund: Provided, That of the 
amount herein appropriated, $5,036,000 is for deposit into the Utah 
Reclamation Mitigation and Conservation Account pursuant to title IV of 
the Reclamation Projects Authorization and Adjustment Act of 1992.

           falcon and amistad operating and maintenance fund

    For operation, maintenance, and emergency costs for the 
hydroelectric facilities at the Falcon and Amistad Dams, $1,010,000, to 
remain available until expended, and to be derived from the Falcon and 
Amistad Operating and Maintenance Fund of the Western Area Power 
Administration, as provided in section 423 of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995.

                  Federal Energy Regulatory Commission

                         salaries and expenses

    For necessary expenses of the Federal Energy Regulatory Commission 
to carry out the provisions of the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.), including services as authorized by 5 
U.S.C. 3109, the hire of passenger motor vehicles, and official 
reception and representation expenses (not to exceed $3,000), 
$168,898,000, to remain available until expended: Provided, That 
notwithstanding any other provision of law, not to exceed $168,898,000 
of revenues from fees and annual charges, and other services and 
collections in fiscal year 1999 shall be retained and used for 
necessary expenses in this account, and shall remain available until 
expended: Provided further, That the sum herein appropriated from the 
General Fund shall be reduced as revenues are received during fiscal 
year 1999 so as to result in a final fiscal year 1999 appropriation 
from the General Fund estimated at not more than $0.

                           GENERAL PROVISIONS

                          Department of Energy

    Sec. 301. (a) None of the funds appropriated by this Act or any 
prior appropriations Act may be used to award a management and 
operating contract unless such contract is awarded using competitive 
procedures or the Secretary of Energy grants, on a case-by-case basis, 
a waiver to allow for such a deviation. The Secretary may not delegate 
the authority to grant such a waiver.
    (b) At least 60 days before a contract award, amendment, or 
modification for which the Secretary intends to grant such a waiver, 
the Secretary shall submit to the Subcommittees on Energy and Water 
Development of the Committees on Appropriations of the House of 
Representatives and the Senate a report notifying the subcommittees of 
the waiver and setting forth the reasons for the waiver.
    Sec. 302. (a) None of the funds appropriated by this Act or any 
prior appropriations Act may be used to award, amend, or modify a 
contract in a manner that deviates from the Federal Acquisition 
Regulation, unless the Secretary of Energy grants, on a case-by-case 
basis, a waiver to allow for such a deviation. The Secretary may not 
delegate the authority to grant such a waiver.
    (b) At least 60 days before a contract award, amendment, or 
modification for which the Secretary intends to grant such a waiver, 
the Secretary shall submit to the Subcommittees on Energy and Water 
Development of the Committees on Appropriations of the House of 
Representatives and the Senate a report notifying the subcommittees of 
the waiver and setting forth the reasons for the waiver.
    Sec. 303. None of the funds appropriated by this Act or any prior 
appropriations Act may be used to--
            (1) develop or implement a workforce restructuring plan 
        that covers employees of the Department of Energy; or
            (2) provide enhanced severance payments or other benefits 
        for employees of the Department of Energy;
under section 3161 of the National Defense Authorization Act for Fiscal 
Year 1993 (Public Law 102-484; 106 Stat. 2644; 42 U.S.C. 7274h).
    Sec. 304. None of the funds appropriated by this Act or any prior 
appropriations Act may be used to augment the $40,000,000 made 
available for obligation by this Act for severance payments and other 
benefits and community assistance grants under section 3161 of the 
National Defense Authorization Act for Fiscal Year 1993 (Public Law 
102-484; 106 Stat. 2644; 42 U.S.C. 7274h).
    Sec. 305. None of the funds appropriated by this Act or any prior 
appropriations Act may be used to prepare or initiate Requests For 
Proposals (RFPs) for a program if the program has not been funded by 
Congress.
    Sec. 306. None of the funds appropriated by this Act or any prior 
appropriations Act may be used to decrease the concentration of 
radioactive contamination in waste so that such waste complies with the 
waste acceptance criteria for the Waste Isolation Pilot Plant.

SEC. 307. CHANGE OF NAME OF THE OFFICE OF ENERGY RESEARCH.

    (a) In General.--Section 209 of the Department of Energy 
Organization Act (42 U.S.C. 7139) is amended--
            (1) in the section heading, by striking ``energy research'' 
        and inserting ``science research''; and
            (2) in subsection (a), by striking ``Energy Research'' and 
        inserting ``Science Research''.
    (b) Conforming Amendments.--
            (1) Table of contents.--The table of contents in the first 
        section of the Department of Energy Organization Act (42 U.S.C. 
        prec 7101) is amended by striking the item relating to section 
        209 and inserting the following:

``Section 209. Office of Science Research.''.
            (2) References in other law.--Each of the following is 
        amended by striking ``Energy Research'' and inserting ``Science 
        Research'':
                    (A) The item relating to the Director, Office of 
                Energy Research, Department of Energy in section 5315 
                of title 5, United States Code.
                    (B) Section 2902(b)(6) of title 10, United States 
                Code.
                    (C) Section 406(h)(2)(A)(v) of the Public Health 
                Service Act (42 U.S.C. 284a(h)(2)(A)(v)).
                    (D) Sections 3167(3) and 3168 of the Department of 
                Energy Science Eduation Enhancement Act (42 U.S.C. 
                7381d(3), 7381e).
                    (E) Paragraphs (1) and (2) of section 224(b) of the 
                Nuclear Waste Policy Act of 1982 (42 U.S.C. 10204(b)).
                    (F) Section 2203(b)(3)(A)(i) of the Energy Policy 
                Act of 1992 (42 U.S.C. 13503(b)(3)(A)(i)).
    Sec. 308. Maintenance of Security at DOE Uranium Enrichment 
Plants.--Section 3107(h) of the USEC Privatization Act (42 U.S.C. 
2297h-5(h)) is amended in paragraph (1), by striking ``an adequate 
number of'' and inserting ``all''; and by inserting the following 
paragraph:
    ``(2) Funding.--The Secretary of Energy shall reimburse a 
contractor or subcontractor for the costs of providing security to a 
gaseous diffusion plant as required to comply with the guidelines 
referred to in paragraph (1).''.
    Sec. 309. In order to facilitate administrative operations and 
promote sales of Federal power, upon request of a joint operating 
entity, the Administrator of the Bonneville Power Administration shall 
sell, pursuant to section 5(b)(1) of Public Law 96-501, as amended, 94 
Stat. 2697, 16 U.S.C. 839c, at wholesale to such joint operating entity 
electric power for the purpose of meeting the firm power loads of 
regional public bodies and cooperatives that are members or 
participants of the joint operating entity: Provided, That the term 
``joint operating entity'' means an entity that is lawfully organized 
under state law as a public body or cooperative by, and whose members 
or participants include only, two or more public bodies or cooperatives 
which are customers of the Administrator.

                   (transfers of unexpended balances)

    Sec. 310. The unexpended balances of prior appropriations provided 
for activities in this Act may be transferred to appropriation accounts 
for such activities established pursuant to this title. Balances so 
transferred may be merged with funds in the applicable established 
accounts and thereafter may be accounted for as one fund for the same 
time period as originally enacted.

                                TITLE IV

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

    For expenses necessary to carry out the programs authorized by the 
Appalachian Regional Development Act of 1965, as amended, 
notwithstanding section 405 of said Act, and for necessary expenses for 
the Federal Co-Chairman and the alternate on the Appalachian Regional 
Commission and for payment of the Federal share of the administrative 
expenses of the Commission, including services as authorized by 5 
U.S.C. 3109, and hire of passenger motor vehicles, $67,000,000, to 
remain available until expended.

                           Denali Commission

    For expenses of the Denali Commission including the purchase, 
construction and acquisition of plant and capital equipment as 
necessary and other expenses as authorized pursuant to this Act, 
$20,000,000, to remain available until expended.

                Defense Nuclear Facilities Safety Board

                         salaries and expenses

    For necessary expenses of the Defense Nuclear Facilities Safety 
Board in carrying out activities authorized by the Atomic Energy Act of 
1954, as amended by Public Law 100-456, section 1441, $17,500,000, to 
remain available until expended.

                     Nuclear Regulatory Commission

                         salaries and expenses

                     (including transfer of funds)

    For necessary expenses of the Commission in carrying out the 
purposes of the Energy Reorganization Act of 1974, as amended, and the 
Atomic Energy Act of 1954, as amended, including the employment of 
aliens; services authorized by 5 U.S.C. 3109; publication and 
dissemination of atomic information; purchase, repair, and cleaning of 
uniforms; official representation expenses (not to exceed $20,000); 
reimbursements to the General Services Administration for security 
guard services; hire of passenger motor vehicles and aircraft, 
$466,000,000, to remain available until expended: Provided, That of the 
amount appropriated herein, $17,000,000 shall be derived from the 
Nuclear Waste Fund: Provided further, That from this appropriation, 
transfers of sums may be made to other agencies of the Government for 
the performance of the work for which this appropriation is made, and 
in such cases the sums so transferred may be merged with the 
appropriation to which transferred: Provided further, That moneys 
received by the Commission for the cooperative nuclear safety research 
program, services rendered to State governments, foreign governments 
and international organizations, and the material and information 
access authorization programs, including criminal history checks under 
section 149 of the Atomic Energy Act may be retained and used for 
salaries and expenses associated with those activities, notwithstanding 
31 U.S.C. 3302, and shall remain available until expended: Provided 
further, That revenues from licensing fees, inspection services, and 
other services and collections estimated at $416,000,000 in fiscal year 
1999 shall be retained and used for necessary salaries and expenses in 
this account, notwithstanding 31 U.S.C. 3302, and shall remain 
available until expended: Provided further, That of the amount 
appropriated herein, $33,000,000 shall be available only for agreement 
State oversight, international activities, the generic decommissioning 
management program, regulatory support to agreement States, the small 
entity program, the nonprofit educational program, and other federal 
agency programs, and shall be excluded from license fee revenues, 
notwithstanding 42 U.S.C. 2214: Provided further, That the sum herein 
appropriated shall be reduced by the amount of revenues received during 
fiscal year 1999 from licensing fees, inspection services and other 
services and collections, excluding those moneys received for the 
cooperative nuclear safety research program, services rendered to State 
governments, foreign governments and international organizations, and 
the material and information access authorization programs, so as to 
result in a final fiscal year 1999 appropriation estimated at not more 
than $50,000,000.

                      Office of Inspector General

                     (including transfer of funds)

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, including services authorized by 5 U.S.C. 3109, $4,800,000, to 
remain available until expended; and in addition, an amount not to 
exceed 5 percent of this sum may be transferred from Salaries and 
Expenses, Nuclear Regulatory Commission: Provided, That notice of such 
transfers shall be given to the Committees on Appropriations of the 
House of Representatives and Senate: Provided further, That from this 
appropriation, transfers of sums may be made to other agencies of the 
Government for the performance of the work for which this appropriation 
is made, and in such cases the sums so transferred may be merged with 
the appropriation to which transferred: Provided further, That revenues 
from licensing fees, inspection services, and other services and 
collections shall be retained and used for necessary salaries and 
expenses in this account, notwithstanding 31 U.S.C. 3302, and shall 
remain available until expended: Provided further, That the sum herein 
appropriated shall be reduced by the amount of revenues received during 
fiscal year 1999 from licensing fees, inspection services, and other 
services and collections, so as to result in a final fiscal year 1999 
appropriation estimated at not more than $0.

                  Nuclear Waste Technical Review Board

                         salaries and expenses

    For necessary expenses of the Nuclear Waste Technical Review Board, 
as authorized by Public Law 100-203, section 5051, $2,600,000, to be 
derived from the Nuclear Waste Fund, and to remain available until 
expended.

                       Tennessee Valley Authority

    For the purpose of carrying out the provisions of the Tennessee 
Valley Authority Act of 1933, as amended (16 U.S.C. ch. 12A), including 
hire, maintenance, and operation of aircraft, and purchase and hire of 
passenger motor vehicles, $70,000,000, to remain available until 
expended.

                                TITLE V

                           GENERAL PROVISIONS

    Sec. 501. None of the funds appropriated by this Act may be used in 
any way, directly or indirectly, to influence congressional action on 
any legislation or appropriation matters pending before Congress, other 
than to communicate to Members of Congress as described in section 1913 
of title 18, United States Code.
    Sec. 502. (a) Purchase of American-Made Equipment and Products.--It 
is the sense of the Congress that, to the greatest extent practicable, 
all equipment and products purchased with funds made available in this 
Act should be American-made.
    (b) Notice Requirement.--In providing financial assistance to, or 
entering into any contract with, any entity using funds made available 
in this Act, the head of each Federal agency, to the greatest extent 
practicable, shall provide to such entity a notice describing the 
statement made in subsection (a) by the Congress.
    (c) Prohibition of Contracts With Persons Falsely Labeling Products 
as Made in America.--If it has been finally determined by a court or 
Federal agency that any person intentionally affixed a label bearing a 
``Made in America'' inscription, or any inscription with the same 
meaning, to any product sold in or shipped to the United States that is 
not made in the United States, the person shall be ineligible to 
receive any contract or subcontract made with funds made available in 
this Act, pursuant to the debarment, suspension, and ineligibility 
procedures described in sections 9.400 through 9.409 of title 48, Code 
of Federal Regulations.
    Sec. 503. None of the funds made available in this Act may be 
provided by contract or by grant (including a grant of funds to be 
available for student aid) to any institution of higher education, or 
subelement thereof, that is currently ineligible for contracts and 
grants pursuant to section 514 of the Departments of Labor, Health and 
Human Services, and Education, and Related Agencies Appropriations Act, 
1997 (as contained in section 101(e) of division A of Public Law 104-
208; 110 Stat. 3009-270).
    Sec. 504. None of the funds made available in this Act may be 
obligated or expended to enter into or renew a contract with a 
contractor that is subject to the reporting requirement set forth in 
subsection (d) of section 4212 of title 38, United States Code, but has 
not submitted the most recent report required by such subsection.
    Sec. 505. None of the funds made available in this Act to pay the 
salary of any officer or employee of the Department of the Interior may 
be used for the Animas-La Plata Project, in Colorado and New Mexico, 
except for: (1) activities required to comply with the applicable 
provisions of current law; and (2) continuation of activities pursuant 
to the Colorado Ute Indian Water Rights Settlement Act of 1988 (Public 
Law 100-585).
    Sec. 506. (a) None of the funds appropriated or otherwise made 
available by this Act may be used to determine the final point of 
discharge for the interceptor drain for the San Luis Unit until 
development by the Secretary of the Interior and the State of 
California of a plan, which shall conform to the water quality 
standards of the State of California as approved by the Administrator 
of the Environmental Protection Agency, to minimize any detrimental 
effect of the San Luis drainage waters.
    (b) The costs of the Kesterson Reservoir Cleanup Program and the 
costs of the San Joaquin Valley Drainage Program shall be classified by 
the Secretary of the Interior as reimbursable or nonreimbursable and 
collected until fully repaid pursuant to the ``Cleanup Program--
Alternative Repayment Plan'' and the ``SJVDP--Alternative Repayment 
Plan'' described in the report entitled ``Repayment Report, Kesterson 
Reservoir Cleanup Program and San Joaquin Valley Drainage Program, 
February 1995'', prepared by the Department of the Interior, Bureau of 
Reclamation. Any future obligations of funds by the United States 
relating to, or providing for, drainage service or drainage studies for 
the San Luis Unit shall be fully reimbursable by San Luis Unit 
beneficiaries of such service or studies pursuant to Federal 
Reclamation law.
    Sec. 507. Section 6101(a)(3) of the Omnibus Budget Reconciliation 
Act of 1990 (42 U.S.C. 2214(a)(3)) is amended by striking ``September 
30, 1998'' and inserting ``September 30, 1999''.
    Sec. 508. None of the funds made available in this or any other Act 
may be used to restart the High Flux Beam Reactor.

                                TITLE VI

                           DENALI COMMISSION

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Denali Commission Act of 1998''.

SEC. 602. FINDINGS.

    The Congress finds that--
            (1) vast regions of the State of Alaska, while abundant in 
        natural resources and rich in potential, trail the rest of the 
        Nation in economic growth;
            (2) roughly two-thirds of the land and associated natural 
        resources within Alaska are owned by the federal government;
            (3) many Alaska communities do not have access to potable 
        water which often results in disease, and in some cases death;
            (4) the primary means of sewage disposal in some Alaska 
        communities continues to open sewage lagoons, which can result 
        in outbreaks of hepatitis, meningitis, particularly among young 
        children;
            (5) power costs are as much as ten times higher in some 
        areas of Alaska than in the lower 48 states, which thwarts 
        economic development;
            (6) bulk fuel storage tanks built by the federal government 
        in many Alaska communities do not comply with the Oil Pollution 
        Act of 1990, could, therefore, be required to be closed, are 
        used to store heating oil critical to survival, and that Alaska 
        communities presently have no way to upgrade or replace the 
        tanks;
            (7) the majority of Alaska communities have essential 
        infrastructure needs which presently cannot be met;
            (8) the lack of infrastructure and economic opportunities 
        in Alaska communities has resulted in disproportionately high 
        federal costs for welfare assistance, unemployment assistance, 
        food stamps, heating oil, and other federal programs in Alaska; 
        and
            (9) by addressing infrastructure needs and promoting 
        economic development, the reliance of Alaska communities on 
        federal assistance and the cost to the federal government of 
        such assistance could be significantly reduced.

SEC. 603. PURPOSE.

    It is the purpose of this Act to assist Alaska in addressing its 
special problems, to develop its infrastructure and utilities, to 
promote its economic development in rural communities by utilizing the 
markets, technical support, and other resources of urban areas, and to 
establish a framework for joint Federal and State efforts toward 
providing basic facilities essential to its growth and attacking its 
common problems.

SEC. 604. DENALI COMMISSION.

    (a) Establishment.--There is hereby established the Denali 
Commission which shall be composed of one Federal member appointed by 
the President with the advice and consent of the Senate, one State 
member appointed by the Governor after consultation with the Alaska 
Federation of Natives, the President of the University of Alaska or a 
designee, the President of the Alaska Chamber of Commerce, and the 
Executive Director of the Alaska Municipal League. The Federal member 
shall be compensated by the Federal government at level III of the 
Executive Schedule of subchapter II of chapter 53 of title V, United 
States Code.
    (b) Chairman; Decisions.--The Federal member shall be the Chairman 
of the Denali Commission. Decisions by the Denali Commission shall 
require the affirmative vote of the Chairman and at least two of the 
other members of the Commission. With respect to matters that come 
before the Commission, the Chairman may inform Federal departments and 
agencies having an interest in the subject matter as appropriate.
    (c) Functions.--The Denali Commission, in consultation with the 
Governor of Alaska, shall develop a statewide, comprehensive plan for 
economic and infrastructure development, establish priorities, approve 
project and grant proposals, and administer funds appropriated to the 
Commission. It shall solicit project proposals to modernize 
infrastructure from local governments and other organizations. The 
Commission is authorized to adopt rules and regulations governing its 
conduct, appoint and fix compensation of staff to assist the 
Commission, accept and use gifts or donations, and enter into and 
perform contracts, leases, or cooperative agreements. Administrative 
expenses of the Commission shall be paid by the federal government and 
may not exceed 5 percent of any funds appropriated under this Act. The 
Commission and its grantees shall maintain accurate and complete 
records which shall be available for audit and examination by the 
Comptroller General or his designee. The Commission shall submit an 
annual report six months after the conclusion of the fiscal year which 
shall be submitted to the President, the Chairmen of the House and 
Senate Appropriations Committees, and the Governor of Alaska.
    (d) Special Functions.--
            (1) Rural utilities.--In carrying out its other functions, 
        the Denali Commission should provide assistance as appropriate 
        and seek to avoid duplication and to complement the water and 
        wastewater programs under section 306D of the Consolidated Farm 
        and Rural Development Act (7 U.S.C. 1926d) and under section 
        303 of the Safe Drinking Water Act Amendments of 1996 (33 
        U.S.C. 1263a).
            (2) Bulk fuel tanks.--The Denali Commission, in 
        consultation with the Commandant of the United States Coast 
        Guard, shall develop a program to provide for the repair or 
        replacement of bulk fuel storage tanks in Alaska which are not 
        in compliance with federal law, including the Oil Pollution Act 
        of 1990, or State law.

SEC. 605. INSPECTOR GENERAL.

    Section 8G of the Inspector General Act of 1978, as amended (5 
U.S.C. appendix 3 section 8G) is amended in subsection (a)(2) thereof 
by adding after ``the Corporation for Public Broadcasting'', ``the 
Denali Commission,''.

SEC. 606. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Denali Commission to 
carry out this Act and for necessary expenses including staff, 
$20,000,000 in fiscal year 1999 and such sums as may be necessary for 
each of fiscal years 2000 through 2003.
    This Act may be cited as the ``Energy and Water Development 
Appropriations Act, 1999''.

                                                       Calendar No. 401

105th CONGRESS

  2d Session

                                S. 2138

                          [Report No. 105-206]

_______________________________________________________________________

                                 A BILL

 Making appropriations for energy and water development for the fiscal 
        year ending September 30, 1999, and for other purposes.

_______________________________________________________________________

                              June 5, 1998

                 Read twice and placed on the calendar
```