II

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.

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.

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, 1999, for energy and

6 water development, and for other purposes, namely:
2

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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 $165,390,000, to remain available until expended, of

19 which funds are provided for the following projects in the

20 amounts specified:

21 Rehoboth and Dewey Beaches, Delaware,

22 $150,000;

23 Fort Pierce Shore Protection, Florida,

24 $300,000;

25 Lido Key Beach, Florida, $300,000;

26 Paducah, Kentucky, $100,000; and
3

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1 Lake Pontchartrain Basin Comprehensive

2 Study, Louisiana, $500,000:

3 Provided, That the Secretary of the Army, acting through

4 the Chief of Engineers, is directed to use $700,000 of the

5 funds appropriated in Public Law 102–377 for the Red

6 River Waterway, Shreveport, Louisiana, to Daingerfield,

7 Texas, project for the feasibility phase of the Red River

8 Navigation, Southwest Arkansas, study.

9 CONSTRUCTION, GENERAL

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

11 shore protection, and related projects authorized by laws;

12 and detailed studies, and plans and specifications, of

13 projects (including those for development with participa14 tion or under consideration for participation by States,

15 local governments, or private groups) authorized or made

16 eligible for selection by law (but such studies shall not con17 stitute a commitment of the Government to construction),

18 $1,248,068,000, to remain available until expended, of

19 which such sums as are necessary for the Federal share

20 of construction costs for facilities under the Dredge Mate21 rial Disposal Facilities program shall be derived from the

22 Harbor Maintenance Trust Fund, as authorized by Public

23 Law 104–303; and of which such sums as are necessary

24 pursuant to Public Law 99–662 shall be derived from the

25 Inland Waterways Trust Fund, for one-half of the costs

26 of construction and rehabilitation of inland waterways
4

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1 projects, including rehabilitation costs for the Lock and

2 Dam 25, Mississippi River, Illinois and Missouri; Lock

3 and Dam 14, Mississippi River, Iowa; Lock and Dam 24,

4 Mississippi River, Illinois and Missouri; and Lock and

5 Dam 3, Mississippi River, Minnesota, projects, and of

6 which funds are provided for the following projects in the

7 amounts specified:

8 Norco Bluffs, California, $4,000,000;

9 Panama City Beaches, Florida, $5,000,000;

10 Indianapolis Central Waterfront, Indiana,

11 $4,000,000;

12 Harlan, Williamsburg, Pike County

13 Middlesboro, Cumberland City/Harland County, and

14 Martin County, elements of the Levisa and Tug

15 Forks of the Big Sandy River and Upper Cum16 berland River project in Kentucky, $28,500,000;

17 Lake Pontchartrain and Vicinity (Hurricane

18 Protection), Louisiana, $10,000,000;

19 Lake Pontchartrain (Jefferson Parish)

20 Stormwater Discharge, Louisiana, $6,000,000;

21 Jackson County, Mississippi, $4,500,000;

22 Pascagoula Harbor, Mississippi, $10,000,000;

23 Wallisville Lake, Texas, $8,000,000;

24 Virginia Beach, Virginia (Hurricane Protec25 tion), $20,000,000;
5

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1 Upper Mingo County (including Mingo County

2 Tributaries), Lower Mingo County (Kermit), Wayne

3 County, Hatfield Bottom, and McDowell County,

4 elements of the Levisa and Tug Forks of the Big

5 Sandy River and Upper Cumberland River project in

6 West Virginia, $12,300,000; and the Grundy, Vir7 ginia element of the Levisa and Tug Forks of the

8 Big Sandy River and Upper Cumberland River

9 project, $1,000,000:

10 Provided, That the navigation project for Cook Inlet Navi11 gation, Alaska, authorized by Section 101(b)(2) of Public

12 Law 104–303 is modified to authorize the Secretary of

13 the Army, acting through the Chief of Engineers to con14 struct the project at a total cost of $12,600,000 with an

15 estimated first Federal cost of $9,450,000 and an esti16 mated first non-Federal cost of $3,150,000: Provided fur17 ther, That the Secretary of the Army, acting through the

18 Chief of Engineers is directed to use $5,000,000 provided

19 herein to construct bluff stabilization measures at author20 ized locations for the Natchez Bluff, Mississippi at a total

21 estimated cost of $26,065,000 with an estimated first

22 Federal cost of $19,549,000 and an estimated first non23 Federal cost of $6,516,000 and to award continuing con24 tracts, which are not to be considered fully funded: Pro25 vided further, That the Secretary of the Army, acting
6

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1 through the Chief of Engineers, is directed to use funds

2 previously appropriated for the LaFarge Lake, Kickapoo

3 River, Wisconsin project to complete and transmit to the

4 appropriate committees of Congress by January 15, 1999

5 a decision document on the advisability of undertaking ac6 tivities authorized by Public Law 104–303: Provided fur7 ther, That the Secretary of the Army, acting through the

8 Chief of Engineers, may use up to $8,000,000 of the fund9 ing appropriated herein to initiate construction of an

10 emergency outlet from Devils Lake, North Dakota, to the

11 Sheyenne River, and that this amount is designated by

12 Congress as an emergency requirement pursuant to sec13 tion 251(b)(2)(A) of the Balanced Budget and Emergency

14 Deficit Control Act of 1985, as amended (2 U.S.C.

15 901(b)(2)(D)(i)); except that funds shall not become avail16 able unless the Secretary of the Army determines that an

17 emergency (as defined in section 102 of the Robert T.

18 Stafford Disaster Relief and Emergency Assistance Act

19 (42 U.S.C. 5122)) exists with respect to the emergency

20 need for the outlet and reports to Congress that the con21 struction is technically sound, economically justified, and

22 environmentally acceptable and in compliance with the

23 National Environmental Policy Act of 1969 (42 U.S.C.

24 4321 et seq.): Provided further, That the economic jus25 tification for the emergency outlet shall be prepared in ac-
7

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1 cordance with the principles and guidelines for economic

2 evaluation as required by regulations and procedures of

3 the Army Corps of Engineers for all flood control projects,

4 and that the economic justification be fully described, in5 cluding the analysis of the benefits and costs, in the

6 project plan documents: Provided further, That the plans

7 for the emergency outlet shall be reviewed and, to be effec8 tive, shall contain assurances provided by the Secretary

9 of State, after consultation with the International Joint

10 Commission, that the project will not violate the require11 ments or intent of the Treaty Between the United States

12 and Great Britain Relating to Boundary Waters Between

13 the United States and Canada, signed at Washington Jan14 uary 11, 1909 (36 Stat. 2448; TS 548) (commonly known

15 as the ‘‘Boundary Waters Treaty of 1909’’): Provided fur16 ther, That the Secretary of the Army shall submit the final

17 plans and other documents for the emergency outlet to

18 Congress: Provided further, That no funds made available

19 under this Act or any other Act for any fiscal year may

20 be used by the Secretary of the Army to carry out the

21 portion of the feasibility study of the Devils Lake Basin,

22 North Dakota, authorized under the Energy and Water

23 Development Appropriations Act, 1993 (Public Law 102–

24 377), that addresses the needs of the area for stabilized

25 lake levels through inlet controls, or to otherwise study
8

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1 any facility or carry out any activity that would permit

2 the transfer of water from the Missouri River Basin into

3 Devils Lake: Provided further, That the entire amount of

4 $8,000,000 shall be available only to the extent an official

5 budget request, that includes the designation of the entire

6 amount of the request as an emergency requirement as

7 defined by the Balanced Budget and Emergency Deficit

8 Control Act of 1985, as amended, is transmitted by the

9 President to the Congress.

10 FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES,

11 ARKANSAS, ILLINOIS, KENTUCKY, LOUISIANA, MIS12 SISSIPPI, MISSOURI, AND TENNESSEE

13 For expenses necessary for prosecuting work of flood

14 control, and rescue work, repair, restoration, or mainte15 nance of flood control projects threatened or destroyed by

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

17 $313,234,000, to remain available until expended.

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;
9

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1 clearing and straightening channels; and removal of ob2 structions to navigation, $1,667,572,000, to remain avail3 able until expended, of which such sums as become avail4 able from the special account established by the Land and

5 Water Conservation Act of 1965, as amended (16 U.S.C.

6 460l), may be derived from that Fund for construction,

7 operation, and maintenance of outdoor recreation facili8 ties, and of which funds are provided for the following

9 projects in the amounts specified:

10 Ponce DeLeon Inlet, Florida, $4,000,000;

11 Delaware River, Philadelphia to the Sea, Pea

12 Patch Island, Delaware and New Jersey,

13 $1,500,000; and

14 Yuquina Bay and Harbor, North Marina

15 Breakwater, Oregon, $1,100,000:

16 Provided, That no funds, whether appropriated, contrib17 uted, or otherwise provided, shall be available to the

18 United States Army Corps of Engineers for the purpose

19 of acquiring land in Jasper County, South Carolina, in

20 connection with the Savannah Harbor navigation project:

21 Provided further, That notwithstanding section 103(c)(1)

22 of Public Law 99–662, the Secretary of the Army is di23 rected to use up to $100,000 of the funds appropriated

24 herein for the Bluestone Lake, West Virginia, project to

25 reimburse the Tri-Cities Power Authority the total amount
10

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1 provided by the Authority to the Department of the Army

2 after fiscal year 1997 for the reevaluation study for the

3 project.

4 REGULATORY PROGRAM

5 For expenses necessary for administration of laws

6 pertaining to regulation of navigable waters and wetlands,

7 $106,000,000, to remain available until expended.

8 FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

9 (INCLUDING TRANSFER OF FUNDS)

10 For expenses necessary to clean up contaminated

11 sites throughout the United States where work was per12 formed as part of the Nation’s early atomic energy pro13 gram, $140,000,000, to remain available until expended:

14 Provided, That the remedial actions by the U.S. Army

15 Corps of Engineers under this program shall consist of

16 the following functions and activities to be performed at

17 eligible sites where remediation has not been completed:

18 sampling and assessment of contaminated areas, charac19 terization of site conditions, determination of the nature

20 and extent of contamination, preparation of designation

21 reports, cleanup and closeout of sites, and any other func22 tions determined by the Chief of Engineers as necessary

23 of remediation: Provided further, That remedial actions by

24 the U.S. Army Corps of Engineers under this program

25 shall be subject to the administrative, procedural, and reg26 ulatory provisions of the Comprehensive Environmental
11

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1 Response, Compensation and Liability Act, 42 U.S.C.

2 9601 et seq., and the Notional Oil and Hazardous Sub3 stances Pollution Contingency Plan, 40 C.F.R., Chapter

4 1, Part 300: Provided further, That, except as stated here5 in, these provisions do not alter, curtail or limit the au6 thorities, function or responsibilities of other agencies

7 under the Atomic Energy Act, 42 U.S.C. 2011 et seq.:

8 Provided further, That the unexpended balances of prior

9 appropriations provided for these activities in this Act or

10 any previous Energy and Water Development Appropria11 tions Act may be transferred to and merged with this ap12 propriation account, and thereafter, may be accounted for

13 as one fund for the same time period as originally enacted.

14 GENERAL EXPENSES

15 For expenses necessary for general administration

16 and related functions in the Office of the Chief of Engi17 neers and offices of the Division Engineers; activities of

18 the Coastal Engineering Research Board, the Humphreys

19 Engineer Center Support Activity, the Water Resources

20 Support Center, and the USACE Finance Center; and for

21 costs of implementing the Secretary of the Army’s plan

22 to reduce the number of division offices as directed in title

23 I, Public Law 104–206, $148,000,000, to remain available

24 until expended: Provided, That no part of any other appro25 priation provided in title I of this Act shall be available

26 to fund the activities of the Office of the Chief of Engi-
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1 neers or the executive direction and management activities

2 of the 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 appro9 priations of the benefitting programs by collection each

10 year of user fees sufficient to repay the capitalized cost

11 of the asset and to operate and maintain the asset. Using

12 amounts available in the Revolving Fund, the Secretary

13 of the Army is authorized to renovate office space in the

14 General Accounting Office headquarters building in Wash15 ington, DC, for use by the Corps and GAO. The Secretary

16 is authorized to enter into a lease with GAO to occupy

17 such renovated space as appropriate, for the Corps’ head18 quarters. The Secretary shall ensure that the Revolving

19 Fund is appropriately reimbursed from appropriations of

20 the Corps’ benefitting programs by collection each year of

21 amounts sufficient to repay the capitalized cost of such

22 renovation and through rent reductions or rebates from

23 GAO.

24 ADMINISTRATIVE PROVISION

25 Appropriations in this title shall be available for offi26 cial reception and representation expenses (not to exceed
13

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1 $5,000); and during the current fiscal year the Revolving

2 Fund, Corps of Engineers, shall be available for purchase

3 (not to exceed 100 for replacement only) and hire of pas4 senger motor vehicles.

5 GENERAL PROVISIONS

6 CORPS OF ENGINEERS—CIVIL

7 SECTION 101. Notwithstanding any other provisions

8 of law, no fully allocated funding policy shall be applied

9 to projects for which funds are identified in the Committee

10 reports accompanying the Act or a subsequent Energy and

11 Water Development Appropriations Act under the Con12 struction, General; Operation and Maintenance, General;

13 and Flood Control, Mississippi River and Tributaries, ap14 propriation accounts: Provided, That the Secretary of the

15 Army, acting through the Chief of Engineers, is directed

16 to undertake these projects using continuing contracts, as

17 authorized in section 10 of the Rivers and Harbors Act

18 of September 22, 1922 (33 U.S.C. 621).

19 SEC. 102. In fiscal year 1999, the Secretary of the

20 Army is authorized and directed to provide planning, de21 sign and construction assistance to non-Federal interests

22 in carrying out water-related environmental infrastructure

23 and environmental resources development projects in Alas24 ka, including assistance for wastewater treatment and re25 lated facilities; water supply, storage, treatment and dis-
14

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1 tribution facilities; development, restoration or improve2 ment of wetlands and other aquatic areas for the purpose

3 of protection or development of surface water resources;

4 and bulk fuel storage, rural power, erosion control, and

5 comprehensive utility planning: Provided, That the non6 Federal interest shall enter into a binding agreement with

7 the Secretary wherein the non-Federal interest will pro8 vide all lands, easements, rights-of-way, relocations, and

9 dredge material disposal areas required for the project,

10 and pay 50 per centum of the costs of required feasibility

11 studies, 25 per centum of the costs of designing and con12 structing the project, and 100 per centum of the costs of

13 operation, maintenance, repair, replacement or rehabilita14 tion of the project: Provided further, That the value of

15 lands, easements, rights-of-way, relocations and dredged

16 material disposal areas provided by the non-Federal inter17 est shall be credited toward the non-Federal share, not

18 to exceed 25 per centum, of the costs of designing and

19 constructing the project: Provided further, That utilizing

20 $5,000,000 of the funds appropriated herein, the Sec21 retary is directed to carry out this section.

22 SEC. 103. None of the funds made available in this

23 Act may be used to revise the Missouri River Master

24 Water Control Manual when it is made known to the Fed25 eral entity or official to which the funds are made available
15

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1 that such revision provides for an increase in the spring2 time water release program during the spring heavy rain3 fall and snow melt period in States that have rivers drain4 ing into the Missouri River below the Gavins Point Dam.

5 TITLE II

6 DEPARTMENT OF THE INTERIOR

7 CENTRAL UTAH PROJECT

8 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

9 For carrying out activities authorized by the Central

10 Utah Project Completion Act, and for activities related to

11 the Uintah and Upalco Units authorized by 43 U.S.C.

12 620, $43,665,000, to remain available until expended, of

13 which $15,476,000 shall be deposited into the Utah Rec14 lamation Mitigation and Conservation Account: Provided,

15 That of the amounts deposited into that account,

16 $5,000,000 shall be considered the Federal contribution

17 authorized by paragraph 402(b)(2) of the Central Utah

18 Project Completion Act and $10,476,000 shall be available

19 to the Utah Reclamation Mitigation and Conservation

20 Commission to carry out activities authorized under that

21 Act.

22 In addition, for necessary expenses incurred in carry23 ing out related responsibilities of the Secretary of the Inte24 rior, $1,283,000, to remain available until expended.
16

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1 BUREAU OF RECLAMATION

2 For carrying out the functions of the Bureau of Rec3 lamation as provided in the Federal reclamation laws (Act

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

5 thereof or supplementary thereto) and other Acts applica6 ble to that Bureau as follows:

7 WATER AND RELATED RESOURCES

8 (INCLUDING TRANSFER OF FUNDS)

9 For management, development, and restoration of

10 water and related natural resources and for related activi11 ties, including the operation, maintenance and rehabilita12 tion of reclamation and other facilities, participation in

13 fulfilling related Federal responsibilities to Native Ameri14 cans, and related grants to, and cooperative and other

15 agreements with, State and local governments, Indian

16 Tribes, and others, $697,919,000, to remain available

17 until expended, of which $1,873,000 shall be available for

18 transfer to the Upper Colorado River Basin Fund and

19 $46,218,000 shall be available for transfer to the Lower

20 Colorado River Basin Development Fund, and of which

21 such amounts as may be necessary may be advanced to

22 the Colorado River Dam Fund: Provided, That such trans23 fers may be increased or decreased within the overall ap24 propriation under this heading: Provided further, That of

25 the total appropriated, the amount for program activities

26 that can be financed by the Reclamation Fund or the Bu-
17

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1 reau of Reclamation special fee account established by 16

2 U.S.C. 460l–6a(i) shall be derived from that Fund or ac3 count: Provided further, That funds contributed under 43

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

5 for which contributed: Provided further, That funds ad6 vanced under 43 U.S.C. 397a shall be credited to this ac7 count and are available until expended for the same pur8 poses as the sums appropriated under this heading: Pro9 vided further, That of the total appropriated, $25,800,000

10 shall be derived by transfer of unexpended balances from

11 the Bureau of Reclamation Working Capital Fund: Pro12 vided further, That funds available for expenditure for the

13 Departmental Irrigation Drainage Program may be ex14 pended by the Bureau of Reclamation for site remediation

15 on a non-reimbursable basis: Provided further, That the

16 amount authorized for Indian municipal, rural, and indus17 trial water features by section 10 of Public Law 89–108,

18 as amended by section 8 of Public Law 99–294 and sec19 tion 1701(b) of Public Law 102–575, is increased by

20 $2,000,000 (October 1997 prices): Provided further, That

21 the Secretary of the Interior is directed to use not to ex22 ceed $3,600,000 of funds appropriated herein as the Bu23 reau of Reclamation share for completion of the McCall

24 Area Wastewater Reclamation and Reuse, Idaho, project
18

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1 authorized in Public Law 105–62 and described in PN–

2 FONSI–96–05.

3 BUREAU OF RECLAMATION LOAN PROGRAM ACCOUNT

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

5 $12,000,000, to remain available until expended, as au6 thorized by the Small Reclamation Projects Act of August

7 6, 1956, as amended (43 U.S.C. 422a–422l): Provided,

8 That such costs, including the cost of modifying such

9 loans, shall be as defined in section 502 of the Congres10 sional Budget Act of 1974: Provided further, That these

11 funds are available to subsidize gross obligations for the

12 principal amount of direct loans not to exceed

13 $38,000,000.

14 In addition, for administrative expenses necessary to

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

16 $425,000, to remain available until expended: Provided,

17 That of the total sums appropriated, the amount of pro18 gram activities that can be financed by the Reclamation

19 Fund shall be derived from that Fund.

20 CENTRAL VALLEY PROJECT RESTORATION FUND

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

22 habitat restoration, improvement, and acquisition provi23 sions of the Central Valley Project Improvement Act,

24 $39,500,000 to be derived from such sums as may be col25 lected in the Central Valley Project Restoration Fund pur26 suant to sections 3407(d), 3404(c)(3), 3405(f), and
19

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1 3406(c)(1) of Public Law 102–575, to remain available

2 until expended: Provided, That the Bureau of Reclamation

3 is directed to assess and collect the full amount of the

4 additional mitigation and restoration payments authorized

5 by section 3407(d) of Public Law 102–575.

6 CALIFORNIA BAY-DELTA ECOSYSTEM RESTORATION

7 (INCLUDING TRANSFER OF FUNDS)

8 For necessary expenses of the Department of the In9 terior and other participating Federal agencies in carrying

10 out the California Bay-Delta Environmental Enhancement

11 and Water Security Act consistent with plans to be ap12 proved by the Secretary of the Interior, in consultation

13 with such Federal agencies, $65,000,000, to remain avail14 able until expended, of which such amounts as may be nec15 essary to conform with such plans shall be transferred to

16 appropriate accounts of such Federal agencies: Provided,

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

18 sources provide their share in accordance with the cost19 sharing agreement required under section 102(d) of such

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

21 prior to the completion of a final programmatic environ22 mental impact statement only if: (1) consistent with 40

23 CFR 1506.1(c); and (2) used for purposes that the Sec24 retary finds are of sufficiently high priority to warrant

25 such an expenditure.
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1 POLICY AND ADMINISTRATION

2 For necessary expenses of policy, administration, and

3 related functions in the office of the Commissioner, the

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

5 of Reclamation, to remain available until expended,

6 $48,000,000, to be derived from the Reclamation Fund

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

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

9 Act shall be available for activities or functions budgeted

10 as policy and administration expenses.

11 ADMINISTRATIVE PROVISION

12 Appropriations for the Bureau of Reclamation shall

13 be available for purchase of not to exceed six passenger

14 motor vehicles for replacement only.

15 TITLE III

16 DEPARTMENT OF ENERGY

17 ENERGY PROGRAMS

18 ENERGY SUPPLY

19 For expenses of the Department of Energy activities

20 including the purchase, construction and acquisition of

21 plant and capital equipment and other expenses necessary

22 for energy supply, uranium supply and enrichment activi23 ties in carrying out the purposes of the Department of

24 Energy Organization Act (42 U.S.C. 7101 et seq.), includ25 ing the acquisition or condemnation of any real property

26 or any facility or for plant or facility acquisition, construc-
21

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1 tion, or expansion; and the purchase of 22 passenger

2 motor vehicles for replacement only, $699,836,000, to re3 main available until October 1, 2000, of which not to ex4 ceed $25,000 may be used for official reception and rep5 resentation expenses for transparency activities and of

6 which not to exceed $1,500,000 may be used to pay a por7 tion of the expenses necessary to meet the United States’

8 annual obligations of membership in the Nuclear Energy

9 Agency.

10 NON-DEFENSE ENVIRONMENTAL MANAGEMENT

11 For Department of Energy expenses, including the

12 purchase, construction and acquisition of plant and capital

13 equipment and other expenses necessary for non-defense

14 environmental management activities in carrying out the

15 purposes of the Department of Energy Organization Act

16 (42 U.S.C. 7101 et seq.), including the acquisition or con17 demnation of any real property or any facility or for plant

18 or facility acquisition, construction or expansion,

19 $456,700,000, to remain available until expended.

20 URANIUM ENRICHMENT DECONTAMINATION AND

21 DECOMMISSIONING FUND

22 For necessary expenses in carrying out uranium en23 richment facility decontamination and decommissioning,

24 remedial actions and other activities of title II of the

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

26 Energy Policy Act of 1992, $200,000,000, to be derived
22

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1 from the Fund, to remain available until expended: Pro2 vided, That $30,000,000 of amounts derived from the

3 Fund for such expenses shall be available in accordance

4 with title X, subtitle A, of the Energy Policy Act of 1992.

5 SCIENCE

6 For expenses of the Department of Energy activities

7 including the purchase, construction and acquisition of

8 plant and capital equipment and other expenses necessary

9 for science activities in carrying out the purposes of the

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

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

12 real property or facility or for plant or facility acquisition,

13 construction, or expansion, and purchase of 15 passenger

14 motor vehicles for replacement only, $2,669,560,000, to

15 remain available until expended: Provided, That

16 $7,600,000 of the unobligated balances originally available

17 for Superconducting Super Collider termination activities

18 shall be made available for other activities under this

19 heading.

20 NUCLEAR WASTE DISPOSAL FUND

21 For nuclear waste disposal activities to carry out the

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

23 the acquisition of real property or facility construction or

24 expansion, $190,000,000, to remain available until ex25 pended, to be derived from the Nuclear Waste Fund; of

26 which not to exceed $4,875,000 may be provided to the
23

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1 State of Nevada solely to conduct scientific oversight re2 sponsibilities pursuant to the Nuclear Waste Policy Act

3 of 1982; and of which not to exceed $5,540,000 may be

4 provided to affected local governments, as defined in Pub5 lic Law 97–425, to conduct appropriate activities pursuant

6 to the Act: Provided, That the distribution of the funds

7 to the units of local government shall be determined by

8 the Department of Energy: Provided further, That the

9 funds shall be made available to the units of local govern10 ment by direct payment: Provided further, That within

11 ninety days of the completion of each Federal fiscal year,

12 each local entity shall provide certification to the Depart13 ment of Energy, that all funds expended from such pay14 ments have been expended for activities as defined in Pub15 lic Law 97–425. Failure to provide such certification shall

16 cause such entity to be prohibited from any further fund17 ing provided for similar activities: Provided further, That

18 none of the funds herein appropriated may be: (1) used

19 directly or indirectly to influence legislative action on any

20 matter pending before Congress or a State legislature or

21 for lobbying activity as provided in 18 U.S.C. 1913; (2)

22 used for litigation expenses; or (3) used to support

23 multistate efforts or other coalition building activities in24 consistent with the restrictions contained in this Act.
24

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1 DEPARTMENTAL ADMINISTRATION

2 For salaries and expenses of the Department of En3 ergy necessary for departmental administration in carry4 ing out the purposes of the Department of Energy Organi5 zation Act (42 U.S.C. 7101 et seq.), including the hire

6 of passenger motor vehicles and official reception and rep7 resentation expenses (not to exceed $35,000),

8 $238,539,000, to remain available until expended: Pro9 vided, That moneys received by the Department for mis10 cellaneous revenues estimated to total $136,530,000 in

11 fiscal year 1999 may be retained and used for operating

12 expenses within this account, and may remain available

13 until expended, as authorized by section 201 of Public

14 Law 95–238, notwithstanding the provisions of 31 U.S.C.

15 3302: Provided further, That the sum herein appropriated

16 shall be reduced by the amount of miscellaneous revenues

17 received during fiscal year 1999 so as to result in a final

18 fiscal year 1999 appropriation from the General Fund es19 timated at not more than $102,009,000.

20 OFFICE OF THE INSPECTOR GENERAL

21 For necessary expenses of the Office of the Inspector

22 General in carrying out the provisions of the Inspector

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

24 available until expended.
25

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1 ATOMIC ENERGY DEFENSE ACTIVITIES

2 WEAPONS ACTIVITIES

3 For Department of Energy expenses, including the

4 purchase, construction and acquisition of plant and capital

5 equipment and other incidental expenses necessary for

6 atomic energy defense weapons activities in carrying out

7 the purposes of the Department of Energy Organization

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

9 condemnation of any real property or any facility or for

10 plant or facility acquisition, construction, or expansion;

11 the purchase of one fixed wing aircraft; and the purchase

12 of passenger motor vehicles (not to exceed 32 for replace13 ment only, and one bus), $4,445,700,000, to remain avail14 able until expended: Provided, That funding for any ballis15 tic missile defense program undertaken by the Depart16 ment of Energy for the Department of Defense shall be

17 provided by the Department of Defense according to pro18 cedures established for Work for Others by the Depart19 ment of Energy.

20 DEFENSE ENVIRONMENTAL RESTORATION AND WASTE

21 MANAGEMENT

22 For Department of Energy expenses, including the

23 purchase, construction and acquisition of plant and capital

24 equipment and other expenses necessary for atomic energy

25 defense environmental restoration and waste management

26 activities in carrying out the purposes of the Department
26

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1 of Energy Organization Act (42 U.S.C. 7101 et seq.), in2 cluding the acquisition or condemnation of any real prop3 erty or any facility or for plant or facility acquisition, con4 struction, or expansion; and the purchase of passenger

5 motor vehicles (not to exceed 3 new sedans and 6 for re6 placement only, of which 3 are sedans, 2 are buses, and

7 one is an ambulance), $4,293,403,000, to remain available

8 until expended.

9 DEFENSE FACILITIES CLOSURE PROJECTS

10 For expenses of the Department of Energy to acceler11 ate the closure of defense environmental management

12 sites, including the purchase, construction and acquisition

13 of plant and capital equipment and other necessary ex14 penses, $1,048,240,000, to remain available until ex15 pended.

16 DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION

17 For Department of Energy expenses for privatization

18 projects necessary for atomic energy defense environ19 mental restoration and waste management activities au20 thorized by the Department of Energy Organization Act

21 (42 U.S.C. 7101, et seq.), $241,857,000, to remain avail22 able until expended.

23 OTHER DEFENSE ACTIVITIES

24 For Department of Energy expenses, including the

25 purchase, construction and acquisition of plant and capital

26 equipment and other expenses necessary for atomic energy
27

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1 defense, other defense activities, in carrying out the pur2 poses of the Department of Energy Organization Act (42

3 U.S.C. 7101, et seq.), including the acquisition or con4 demnation of any real property or any facility or for plant

5 or facility acquisition, construction, or expansion,

6 $1,658,160,000, to remain available until expended: Pro7 vided, That of the amount appropriated herein $5,000,000

8 shall be available for the joint U.S.-Russian development

9 of a passively safe advanced reactor technology to dispose

10 of Russian excess weapons derived plutonium: Provided

11 further, That $56,700,000 appropriated herein is to pro12 cure plutonium disposition services and to begin Title I

13 design for a mixed-oxide fuel fabrication facility: Provided

14 further, That such funds shall not be available except as

15 necessary to implement a bilateral program with the Rus16 sian Federation to convert to non-weapons forms and dis17 pose of excess weapons plutonium in accordance with

18 which the United States will at no time convert to non19 weapons forms quantities of excess weapons plutonium

20 greater than those converted to non-weapons forms by the

21 Russian Federation.

22 DEFENSE NUCLEAR WASTE DISPOSAL

23 For nuclear waste disposal activities to carry out the

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

25 the acquisition of real property or facility construction or
28

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1 expansion, $185,000,000, to remain available until ex2 pended.

3 POWER MARKETING ADMINISTRATIONS

4 OPERATION AND MAINTENANCE, ALASKA POWER

5 ADMINISTRATION

6 For capital assets acquisition, $5,000,000, to remain

7 available until expended.

8 BONNEVILLE POWER ADMINISTRATION FUND

9 Expenditures from the Bonneville Power Administra10 tion Fund, established pursuant to Public Law 93–454,

11 are approved for official reception and representation ex12 penses in an amount not to exceed $3,000.

13 During fiscal year 1999, 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, $8,500,000, to re22 main available until expended; in addition, notwithstand23 ing 31 U.S.C. 3302, not to exceed $28,000,000 in reim24 bursements of which $20,000,000 is for transmission

25 wheeling and ancillary services and $8,000,000 is for
29

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1 power purchases at the Richard B. Russell Project, to re2 main available until expended.

3 OPERATION AND MAINTENANCE, SOUTHWESTERN POWER

4 ADMINISTRATION

5 For necessary expenses of operation and maintenance

6 of power transmission facilities and of marketing electric

7 power and energy, and for construction and acquisition of

8 transmission lines, substations and appurtenant facilities,

9 and for administrative expenses, including official recep10 tion and representation expenses in an amount not to ex11 ceed $1,500 in carrying out the provisions of section 5

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

13 applied to the southwestern power area, $26,000,000, to

14 remain available until expended; in addition, notwith15 standing the provisions of 31 U.S.C. 3302, not to exceed

16 $4,200,000 in reimbursements, to remain available until

17 expended.

18 CONSTRUCTION, REHABILITATION, OPERATION AND

19 MAINTENANCE, WESTERN AREA POWER ADMINISTRATION

20 (INCLUDING TRANSFER OF FUNDS)

21 For carrying out the functions authorized by title III,

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

23 U.S.C. 7152), and other related activities including con24 servation and renewable resources programs as author25 ized, including official reception and representation ex26 penses in an amount not to exceed $1,500, $215,435,000,
30

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1 to remain available until expended, of which $206,222,000

2 shall be derived from the Department of the Interior Rec3 lamation Fund: Provided, That of the amount herein ap4 propriated, $5,036,000 is for deposit into the Utah Rec5 lamation Mitigation and Conservation Account pursuant

6 to title IV of the Reclamation Projects Authorization and

7 Adjustment Act of 1992.

8 FALCON AND AMISTAD OPERATING AND MAINTENANCE

9 FUND

10 For operation, maintenance, and emergency costs for

11 the hydroelectric facilities at the Falcon and Amistad

12 Dams, $1,010,000, to remain available until expended,

13 and to be derived from the Falcon and Amistad Operating

14 and Maintenance Fund of the Western Area Power Ad15 ministration, as provided in section 423 of the Foreign

16 Relations Authorization Act, Fiscal Years 1994 and 1995.

17 FEDERAL ENERGY REGULATORY COMMISSION

18 SALARIES AND EXPENSES

19 For necessary expenses of the Federal Energy Regu20 latory Commission to carry out the provisions of the De21 partment of Energy Organization Act (42 U.S.C. 7101 et

22 seq.), including services as authorized by 5 U.S.C. 3109,

23 the hire of passenger motor vehicles, and official reception

24 and representation expenses (not to exceed $3,000),

25 $168,898,000, to remain available until expended: Pro26 vided, That notwithstanding any other provision of law,
31

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1 not to exceed $168,898,000 of revenues from fees and an2 nual charges, and other services and collections in fiscal

3 year 1999 shall be retained and used for necessary ex4 penses in this account, and shall remain available until

5 expended: Provided further, That the sum herein appro6 priated from the General Fund shall be reduced as reve7 nues are received during fiscal year 1999 so as to result

8 in a final fiscal year 1999 appropriation from the General

9 Fund estimated at not more than $0.

10 GENERAL PROVISIONS

11 DEPARTMENT OF ENERGY

12 SEC. 301. (a) None of the funds appropriated by this

13 Act or any prior appropriations Act may be used to award

14 a management and operating contract unless such con15 tract is awarded using competitive procedures or the Sec16 retary of Energy grants, on a case-by-case basis, a waiver

17 to allow for such a deviation. The Secretary may not dele18 gate the authority to grant such a waiver.

19 (b) At least 60 days before a contract award, amend20 ment, or modification for which the Secretary intends to

21 grant such a waiver, the Secretary shall submit to the

22 Subcommittees on Energy and Water Development of the

23 Committees on Appropriations of the House of Represent24 atives and the Senate a report notifying the subcommit-
32

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1 tees of the waiver and setting forth the reasons for the

2 waiver.

3 SEC. 302. (a) None of the funds appropriated by this

4 Act or any prior appropriations Act may be used to award,

5 amend, or modify a contract in a manner that deviates

6 from the Federal Acquisition Regulation, unless the Sec7 retary of Energy grants, on a case-by-case basis, a waiver

8 to allow for such a deviation. The Secretary may not dele9 gate the authority to grant such a waiver.

10 (b) At least 60 days before a contract award, amend11 ment, or modification for which the Secretary intends to

12 grant such a waiver, the Secretary shall submit to the

13 Subcommittees on Energy and Water Development of the

14 Committees on Appropriations of the House of Represent15 atives and the Senate a report notifying the subcommit16 tees of the waiver and setting forth the reasons for the

17 waiver.

18 SEC. 303. None of the funds appropriated by this Act

19 or any prior appropriations Act may be used to—

20 (1) develop or implement a workforce restruc21 turing plan that covers employees of the Department

22 of Energy; or

23 (2) provide enhanced severance payments or

24 other benefits for employees of the Department of

25 Energy;
33

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1 under section 3161 of the National Defense Authorization

2 Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat.

3 2644; 42 U.S.C. 7274h).

4 SEC. 304. None of the funds appropriated by this Act

5 or any prior appropriations Act may be used to augment

6 the $40,000,000 made available for obligation by this Act

7 for severance payments and other benefits and community

8 assistance grants under section 3161 of the National De9 fense Authorization Act for Fiscal Year 1993 (Public Law

10 102–484; 106 Stat. 2644; 42 U.S.C. 7274h).

11 SEC. 305. None of the funds appropriated by this Act

12 or any prior appropriations Act may be used to prepare

13 or initiate Requests For Proposals (RFPs) for a program

14 if the program has not been funded by Congress.

15 SEC. 306. None of the funds appropriated by this Act

16 or any prior appropriations Act may be used to decrease

17 the concentration of radioactive contamination in waste so

18 that such waste complies with the waste acceptance cri19 teria for the Waste Isolation Pilot Plant.

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

21 RESEARCH.

22 (a) IN GENERAL.—Section 209 of the Department of

23 Energy Organization Act (42 U.S.C. 7139) is amended—
34

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1 (1) in the section heading, by striking ‘‘ENERGY

2 RESEARCH’’ and inserting ‘‘SCIENCE RESEARCH’’;

3 and

4 (2) in subsection (a), by striking ‘‘Energy Re5 search’’ and inserting ‘‘Science Research’’.

6 (b) CONFORMING AMENDMENTS.—

7 (1) TABLE OF CONTENTS.—The table of con8 tents in the first section of the Department of En9 ergy Organization Act (42 U.S.C. prec 7101) is

10 amended by striking the item relating to section 209

11 and inserting the following:

‘‘Section 209. Office of Science Research.’’.

12 (2) REFERENCES IN OTHER LAW.—Each of the

13 following is amended by striking ‘‘Energy Research’’

14 and inserting ‘‘Science Research’’:

15 (A) The item relating to the Director, Of16 fice of Energy Research, Department of Energy

17 in section 5315 of title 5, United States Code.

18 (B) Section 2902(b)(6) of title 10, United

19 States Code.

20 (C) Section 406(h)(2)(A)(v) of the Public

21 Health Service Act (42 U.S.C.

22 284a(h)(2)(A)(v)).

23 (D) Sections 3167(3) and 3168 of the De24 partment of Energy Science Eduation Enhance25 ment Act (42 U.S.C. 7381d(3), 7381e).
35

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1 (E) Paragraphs (1) and (2) of section

2 224(b) of the Nuclear Waste Policy Act of 1982

3 (42 U.S.C. 10204(b)).

4 (F) Section 2203(b)(3)(A)(i) of the Energy

5 Policy Act of 1992 (42 U.S.C.

6 13503(b)(3)(A)(i)).

7 SEC. 308. MAINTENANCE OF SECURITY AT DOE

8 URANIUM ENRICHMENT PLANTS.—Section 3107(h) of the

9 USEC Privatization Act (42 U.S.C. 2297h–5(h)) is

10 amended in paragraph (1), by striking ‘‘an adequate num11 ber of’’ and inserting ‘‘all’’; and by inserting the following

12 paragraph:

13 ‘‘(2) FUNDING.—The Secretary of Energy shall reim14 burse a contractor or subcontractor for the costs of provid15 ing security to a gaseous diffusion plant as required to

16 comply with the guidelines referred to in paragraph (1).’’.

17 SEC. 309. In order to facilitate administrative oper18 ations and promote sales of Federal power, upon request

19 of a joint operating entity, the Administrator of the Bon20 neville Power Administration shall sell, pursuant to sec21 tion 5(b)(1) of Public Law 96–501, as amended, 94 Stat.

22 2697, 16 U.S.C. 839c, at wholesale to such joint operating

23 entity electric power for the purpose of meeting the firm

24 power loads of regional public bodies and cooperatives that

25 are members or participants of the joint operating entity:
36

S. 2138 PCS

1 Provided, That the term ‘‘joint operating entity’’ means

2 an entity that is lawfully organized under state law as a

3 public body or cooperative by, and whose members or par4 ticipants include only, two or more public bodies or co5 operatives which are customers of the Administrator.

6 (TRANSFERS OF UNEXPENDED BALANCES)

7 SEC. 310. The unexpended balances of prior appro8 priations provided for activities in this Act may be trans9 ferred to appropriation accounts for such activities estab10 lished pursuant to this title. Balances so transferred may

11 be merged with funds in the applicable established ac12 counts and thereafter may be accounted for as one fund

13 for the same time period as originally enacted.

14 TITLE IV

15 INDEPENDENT AGENCIES

16 APPALACHIAN REGIONAL COMMISSION

17 For expenses necessary to carry out the programs au18 thorized by the Appalachian Regional Development Act of

19 1965, as amended, notwithstanding section 405 of said

20 Act, and for necessary expenses for the Federal Co-Chair21 man and the alternate on the Appalachian Regional Com22 mission and for payment of the Federal share of the ad23 ministrative expenses of the Commission, including serv24 ices as authorized by 5 U.S.C. 3109, and hire of passenger

25 motor vehicles, $67,000,000, to remain available until ex26 pended.
37

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1 DENALI COMMISSION

2 For expenses of the Denali Commission including the

3 purchase, construction and acquisition of plant and capital

4 equipment as necessary and other expenses as authorized

5 pursuant to this Act, $20,000,000, to remain available

6 until expended.

7 DEFENSE NUCLEAR FACILITIES SAFETY BOARD

8 SALARIES AND EXPENSES

9 For necessary expenses of the Defense Nuclear Fa10 cilities Safety Board in carrying out activities authorized

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

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

13 available until expended.

14 NUCLEAR REGULATORY COMMISSION

15 SALARIES AND EXPENSES

16 (INCLUDING TRANSFER OF FUNDS)

17 For necessary expenses of the Commission in carry18 ing out the purposes of the Energy Reorganization Act

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

20 as amended, including the employment of aliens; services

21 authorized by 5 U.S.C. 3109; publication and dissemina22 tion of atomic information; purchase, repair, and cleaning

23 of uniforms; official representation expenses (not to exceed

24 $20,000); reimbursements to the General Services Admin25 istration for security guard services; hire of passenger

26 motor vehicles and aircraft, $466,000,000, to remain
38

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1 available until expended: Provided, That of the amount ap2 propriated herein, $17,000,000 shall be derived from the

3 Nuclear Waste Fund: Provided further, That from this ap4 propriation, transfers of sums may be made to other agen5 cies of the Government for the performance of the work

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

7 the sums so transferred may be merged with the appro8 priation to which transferred: Provided further, That mon9 eys received by the Commission for the cooperative nuclear

10 safety research program, services rendered to State gov11 ernments, foreign governments and international organi12 zations, and the material and information access author13 ization programs, including criminal history checks under

14 section 149 of the Atomic Energy Act may be retained

15 and used for salaries and expenses associated with those

16 activities, notwithstanding 31 U.S.C. 3302, and shall re17 main available until expended: Provided further, That rev18 enues from licensing fees, inspection services, and other

19 services and collections estimated at $416,000,000 in fis20 cal year 1999 shall be retained and used for necessary

21 salaries and expenses in this account, notwithstanding 31

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

23 Provided further, That of the amount appropriated herein,

24 $33,000,000 shall be available only for agreement State

25 oversight, international activities, the generic decommis-
39

S. 2138 PCS

1 sioning management program, regulatory support to

2 agreement States, the small entity program, the nonprofit

3 educational program, and other federal agency programs,

4 and shall be excluded from license fee revenues, notwith5 standing 42 U.S.C. 2214: Provided further, That the sum

6 herein appropriated shall be reduced by the amount of rev7 enues received during fiscal year 1999 from licensing fees,

8 inspection services and other services and collections, ex9 cluding those moneys received for the cooperative nuclear

10 safety research program, services rendered to State gov11 ernments, foreign governments and international organi12 zations, and the material and information access author13 ization programs, so as to result in a final fiscal year 1999

14 appropriation estimated at not more than $50,000,000.

15 OFFICE OF INSPECTOR GENERAL

16 (INCLUDING TRANSFER OF FUNDS)

17 For necessary expenses of the Office of Inspector

18 General in carrying out the provisions of the Inspector

19 General Act of 1978, as amended, including services au20 thorized by 5 U.S.C. 3109, $4,800,000, to remain avail21 able until expended; and in addition, an amount not to

22 exceed 5 percent of this sum may be transferred from Sal23 aries and Expenses, Nuclear Regulatory Commission: Pro24 vided, That notice of such transfers shall be given to the

25 Committees on Appropriations of the House of Represent-
40

S. 2138 PCS

1 atives and Senate: Provided further, That from this appro2 priation, transfers of sums may be made to other agencies

3 of the Government for the performance of the work for

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

5 sums so transferred may be merged with the appropriation

6 to which transferred: Provided further, That revenues from

7 licensing fees, inspection services, and other services and

8 collections shall be retained and used for necessary sala9 ries and expenses in this account, notwithstanding 31

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

11 Provided further, That the sum herein appropriated shall

12 be reduced by the amount of revenues received during fis13 cal year 1999 from licensing fees, inspection services, and

14 other services and collections, so as to result in a final

15 fiscal year 1999 appropriation estimated at not more than

16 $0.

17 NUCLEAR WASTE TECHNICAL REVIEW BOARD

18 SALARIES AND EXPENSES

19 For necessary expenses of the Nuclear Waste Tech20 nical Review Board, as authorized by Public Law 100–

21 203, section 5051, $2,600,000, to be derived from the Nu22 clear Waste Fund, and to remain available until expended.

23 TENNESSEE VALLEY AUTHORITY

24 For the purpose of carrying out the provisions of the

25 Tennessee Valley Authority Act of 1933, as amended (16
41

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1 U.S.C. ch. 12A), including hire, maintenance, and oper2 ation of aircraft, and purchase and hire of passenger

3 motor vehicles, $70,000,000, to remain available until ex4 pended.

5 TITLE V

6 GENERAL PROVISIONS

7 SEC. 501. None of the funds appropriated by this Act

8 may be used in any way, directly or indirectly, to influence

9 congressional action on any legislation or appropriation

10 matters pending before Congress, other than to commu11 nicate to Members of Congress as described in section

12 1913 of title 18, United States Code.

13 SEC. 502. (a) PURCHASE OF AMERICAN-MADE

14 EQUIPMENT AND PRODUCTS.—It is the sense of the Con15 gress that, to the greatest extent practicable, all equip16 ment and products purchased with funds made available

17 in this Act should be American-made.

18 (b) NOTICE REQUIREMENT.—In providing financial

19 assistance to, or entering into any contract with, any en20 tity using funds made available in this Act, the head of

21 each Federal agency, to the greatest extent practicable,

22 shall provide to such entity a notice describing the state23 ment made in subsection (a) by the Congress.

24 (c) PROHIBITION OF CONTRACTS WITH PERSONS

25 FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—
42

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

2 agency that any person intentionally affixed a label bear3 ing a ‘‘Made in America’’ inscription, or any inscription

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

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

6 States, the person shall be ineligible to receive any con7 tract or subcontract made with funds made available in

8 this Act, pursuant to the debarment, suspension, and ineli9 gibility procedures described in sections 9.400 through

10 9.409 of title 48, Code of Federal Regulations.

11 SEC. 503. None of the funds made available in this

12 Act may be provided by contract or by grant (including

13 a grant of funds to be available for student aid) to any

14 institution of higher education, or subelement thereof, that

15 is currently ineligible for contracts and grants pursuant

16 to section 514 of the Departments of Labor, Health and

17 Human Services, and Education, and Related Agencies

18 Appropriations Act, 1997 (as contained in section 101(e)

19 of division A of Public Law 104–208; 110 Stat. 3009–

20 270).

21 SEC. 504. None of the funds made available in this

22 Act may be obligated or expended to enter into or renew

23 a contract with a contractor that is subject to the report24 ing requirement set forth in subsection (d) of section 4212
43

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1 of title 38, United States Code, but has not submitted the

2 most recent report required by such subsection.

3 SEC. 505. None of the funds made available in this

4 Act to pay the salary of any officer or employee of the

5 Department of the Interior may be used for the Animas6 La Plata Project, in Colorado and New Mexico, except for:

7 (1) activities required to comply with the applicable provi8 sions of current law; and (2) continuation of activities pur9 suant to the Colorado Ute Indian Water Rights Settle10 ment Act of 1988 (Public Law 100–585).

11 SEC. 506. (a) None of the funds appropriated or oth12 erwise made available by this Act may be used to deter13 mine the final point of discharge for the interceptor drain

14 for the San Luis Unit until development by the Secretary

15 of the Interior and the State of California of a plan, which

16 shall conform to the water quality standards of the State

17 of California as approved by the Administrator of the En18 vironmental Protection Agency, to minimize any detrimen19 tal effect of the San Luis drainage waters.

20 (b) The costs of the Kesterson Reservoir Cleanup

21 Program and the costs of the San Joaquin Valley Drain22 age Program shall be classified by the Secretary of the

23 Interior as reimbursable or nonreimbursable and collected

24 until fully repaid pursuant to the ‘‘Cleanup Program—

25 Alternative Repayment Plan’’ and the ‘‘SJVDP—Alter-
44

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1 native Repayment Plan’’ described in the report entitled

2 ‘‘Repayment Report, Kesterson Reservoir Cleanup Pro3 gram and San Joaquin Valley Drainage Program, Feb4 ruary 1995’’, prepared by the Department of the Interior,

5 Bureau of Reclamation. Any future obligations of funds

6 by the United States relating to, or providing for, drainage

7 service or drainage studies for the San Luis Unit shall

8 be fully reimbursable by San Luis Unit beneficiaries of

9 such service or studies pursuant to Federal Reclamation

10 law.

11 SEC. 507. Section 6101(a)(3) of the Omnibus Budget

12 Reconciliation Act of 1990 (42 U.S.C. 2214(a)(3)) is

13 amended by striking ‘‘September 30, 1998’’ and inserting

14 ‘‘September 30, 1999’’.

15 SEC. 508. None of the funds made available in this

16 or any other Act may be used to restart the High Flux

17 Beam Reactor.

18 TITLE VI

19 DENALI COMMISSION

20 SEC. 601. SHORT TITLE.

21 This title may be cited as the ‘‘Denali Commission

22 Act of 1998’’.

23 SEC. 602. FINDINGS.

24 The Congress finds that—
45

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1 (1) vast regions of the State of Alaska, while

2 abundant in natural resources and rich in potential,

3 trail the rest of the Nation in economic growth;

4 (2) roughly two-thirds of the land and associ5 ated natural resources within Alaska are owned by

6 the federal government;

7 (3) many Alaska communities do not have ac8 cess to potable water which often results in disease,

9 and in some cases death;

10 (4) the primary means of sewage disposal in

11 some Alaska communities continues to open sewage

12 lagoons, which can result in outbreaks of hepatitis,

13 meningitis, particularly among young children;

14 (5) power costs are as much as ten times higher

15 in some areas of Alaska than in the lower 48 states,

16 which thwarts economic development;

17 (6) bulk fuel storage tanks built by the federal

18 government in many Alaska communities do not

19 comply with the Oil Pollution Act of 1990, could,

20 therefore, be required to be closed, are used to store

21 heating oil critical to survival, and that Alaska com22 munities presently have no way to upgrade or re23 place the tanks;
46

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1 (7) the majority of Alaska communities have es2 sential infrastructure needs which presently cannot

3 be met;

4 (8) the lack of infrastructure and economic op5 portunities in Alaska communities has resulted in

6 disproportionately high federal costs for welfare as7 sistance, unemployment assistance, food stamps,

8 heating oil, and other federal programs in Alaska;

9 and

10 (9) by addressing infrastructure needs and pro11 moting economic development, the reliance of Alaska

12 communities on federal assistance and the cost to

13 the federal government of such assistance could be

14 significantly reduced.

15 SEC. 603. PURPOSE.

16 It is the purpose of this Act to assist Alaska in ad17 dressing its special problems, to develop its infrastructure

18 and utilities, to promote its economic development in rural

19 communities by utilizing the markets, technical support,

20 and other resources of urban areas, and to establish a

21 framework for joint Federal and State efforts toward pro22 viding basic facilities essential to its growth and attacking

23 its common problems.
47

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1 SEC. 604. DENALI COMMISSION.

2 (a) ESTABLISHMENT.—There is hereby established

3 the Denali Commission which shall be composed of one

4 Federal member appointed by the President with the ad5 vice and consent of the Senate, one State member ap6 pointed by the Governor after consultation with the Alaska

7 Federation of Natives, the President of the University of

8 Alaska or a designee, the President of the Alaska Chamber

9 of Commerce, and the Executive Director of the Alaska

10 Municipal League. The Federal member shall be com11 pensated by the Federal government at level III of the

12 Executive Schedule of subchapter II of chapter 53 of title

13 V, United States Code.

14 (b) CHAIRMAN; DECISIONS.—The Federal member

15 shall be the Chairman of the Denali Commission. Deci16 sions by the Denali Commission shall require the affirma17 tive vote of the Chairman and at least two of the other

18 members of the Commission. With respect to matters that

19 come before the Commission, the Chairman may inform

20 Federal departments and agencies having an interest in

21 the subject matter as appropriate.

22 (c) FUNCTIONS.—The Denali Commission, in con23 sultation with the Governor of Alaska, shall develop a

24 statewide, comprehensive plan for economic and infra25 structure development, establish priorities, approve project

26 and grant proposals, and administer funds appropriated
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1 to the Commission. It shall solicit project proposals to

2 modernize infrastructure from local governments and

3 other organizations. The Commission is authorized to

4 adopt rules and regulations governing its conduct, appoint

5 and fix compensation of staff to assist the Commission,

6 accept and use gifts or donations, and enter into and per7 form contracts, leases, or cooperative agreements. Admin8 istrative expenses of the Commission shall be paid by the

9 federal government and may not exceed 5 percent of any

10 funds appropriated under this Act. The Commission and

11 its grantees shall maintain accurate and complete records

12 which shall be available for audit and examination by the

13 Comptroller General or his designee. The Commission

14 shall submit an annual report six months after the conclu15 sion of the fiscal year which shall be submitted to the

16 President, the Chairmen of the House and Senate Appro17 priations Committees, and the Governor of Alaska.

18 (d) SPECIAL FUNCTIONS.—

19 (1) RURAL UTILITIES.—In carrying out its

20 other functions, the Denali Commission should pro21 vide assistance as appropriate and seek to avoid du22 plication and to complement the water and waste23 water programs under section 306D of the Consoli24 dated Farm and Rural Development Act (7 U.S.C.
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S. 2138 PCS

1 1926d) and under section 303 of the Safe Drinking

2 Water Act Amendments of 1996 (33 U.S.C. 1263a).

3 (2) BULK FUEL TANKS.—The Denali Commis4 sion, in consultation with the Commandant of the

5 United States Coast Guard, shall develop a program

6 to provide for the repair or replacement of bulk fuel

7 storage tanks in Alaska which are not in compliance

8 with federal law, including the Oil Pollution Act of

9 1990, or State law.

10 SEC. 605. INSPECTOR GENERAL.

11 Section 8G of the Inspector General Act of 1978, as

12 amended (5 U.S.C. appendix 3 section 8G) is amended

13 in subsection (a)(2) thereof by adding after ‘‘the Corpora14 tion for Public Broadcasting’’, ‘‘the Denali Commission,’’.

15 SEC. 606. AUTHORIZATION OF APPROPRIATIONS.

16 There are authorized to be appropriated to the Denali

17 Commission to carry out this Act and for necessary ex18 penses including staff, $20,000,000 in fiscal year 1999

19 and such sums as may be necessary for each of fiscal years

20 2000 through 2003.

21 This Act may be cited as the ‘‘Energy and Water De22 velopment Appropriations Act, 1999’’.
Calendar No. 401

105TH CONGRESS

2D SESSION S. 2138

[Report No. 105–206]

A BILL

Making appropriations for energy and water devel1999, and for other purposes. opment for the fiscal year ending September 30,

JUNE 5, 1998

Read twice and placed on the calendar