II
105TH CONGRESS
2D SESSION
H. R. 4060
IN THE SENATE OF THE UNITED STATES
JUNE 23, 1998
Received
AN ACT
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 Representa-
tives of the United States of America in Congress assembled,
HR 4060 RDS
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 super-
vision of the Chief of Engineers for authorized civil func-
tions of the Department of the Army pertaining to rivers
and harbors, flood control, beach erosion, and related pur-
poses.
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,
$162,823,000, to remain available until expended, of
which funds are provided for the following projects in the
amounts specified:
HR 4060 RDS
Delaware Bay Coastline, Delaware and New
Jersey, $570,000;
Tampa 
Harbor, 
Alafia 
Channel, 
Florida,
$200,000;
Barnegat Inlet to Little Egg Harbor Inlet, New
Jersey, $322,000;
Brigantine Inlet to Great Egg Harbor Inlet,
New Jersey, $313,000;
Great Egg Harbor Inlet to Townsends Inlet,
New Jersey, $300,000;
Lower Cape May Meadows—Cape May Point,
New Jersey, $100,000;
Manasquan Inlet to Barnegat Inlet, New Jer-
sey, $400,000;
Raritan Bay to Sandy Hook Bay, New Jersey,
$1,100,000; and
Townsends Inlet to Cape May Inlet, New Jer-
sey, $500,000: Provided, That the Secretary of the
Army, acting through the Chief of Engineers, is di-
rected 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: Provided
further, That the Secretary of the Army is directed
HR 4060 RDS
to use $500,000 of the funds appropriated herein to
implement section 211(f)(7) of Public Law 104–303
(110 Stat. 3684) and to reimburse the non-Federal
sponsor a portion of the Federal share of project
costs for the Hunting Bayou element of the project
for flood control, Buffalo Bayou and tributaries,
Texas: Provided further, That the Secretary of the
Army is directed to use $300,000 of the funds ap-
propriated herein to implement section 211(f)(8) of
Public Law 104–303 (110 Stat. 3684) and to reim-
burse the non-Federal sponsor a portion of the Fed-
eral share of project costs for the project for flood
control, White Oak Bayou watershed, Texas.
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 participa-
tion 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 con-
stitute a commitment of the Government to construction),
$1,456,529,000, to remain available until expended, of
which such sums as are necessary for the Federal share
of construction costs for facilities under the Dredged Ma-
HR 4060 RDS
Virginia Beach, Virginia (Hurricane Protec-
tion), $13,000,000; and
West Virginia and Pennsylvania Flood Control,
West Virginia and Pennsylvania, $750,000: Pro-
vided, That the Secretary of the Army is directed to
incorporate the economic analyses for the Green
Ridge and Plot sections of the Lackawanna River,
Scranton, Pennsylvania, project with the economic
analysis for the Albright Street section of the
project, and to cost-share and implement these com-
bined sections as a single project with no separable
elements, except that each section may be under-
taken individually when the non-Federal sponsor
provides the applicable local cooperation require-
ments: Provided further, That any funds heretofore
appropriated and made available in Public Law 103–
126 for projects associated with the restoration of
the Lackawanna River Basin Greenway Corridor,
Pennsylvania, may be utilized by the Secretary of
the Army in carrying out other projects and activi-
ties on the Lackawanna River in Pennsylvania: Pro-
vided further, That the Secretary of the Army is di-
rected to use $6,000,000 of the funds appropriated
herein to implement section 211(f)(6) of Public Law
104–303 (110 Stat. 3683) and to reimburse the
HR 4060 RDS
non-Federal sponsor a portion of the Federal share
of project construction costs for the flood control
components comprising the Brays Bayou element of
the project for flood control, Buffalo Bayou and trib-
utaries, Texas.
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 mainte-
nance of flood control projects threatened or destroyed by
flood, as authorized by law (33 U.S.C. 702a, 702g–1),
$312,077,000, to remain available until expended.
OPERATION AND MAINTENANCE, GENERAL
For expenses necessary for the preservation, oper-
ation, 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 gen-
eral commerce and navigation; surveys and charting of
northern and northwestern lakes and connecting waters;
clearing and straightening channels; and removal of ob-
structions to navigation, $1,637,719,000, to remain avail-
able until expended, of which such sums as become avail-
HR 4060 RDS
able in the Harbor Maintenance Trust Fund, pursuant to
Public Law 99–662, may be derived from that Fund, and
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 mainte-
nance of outdoor recreation facilities, and of which
$4,200,000 is provided for repair of Chickamauga Lock,
Tennessee, subject to authorization.
REGULATORY PROGRAM
For expenses necessary for administration of laws
pertaining to regulation of navigable waters and wetlands,
$110,000,000, to remain available until expended.
FORMERLY UTILIZED SITES REMEDIAL ACTION
PROGRAM
For expenses necessary to clean up contaminated
sites throughout the United States where work was per-
formed as part of the Nation’s early atomic energy pro-
gram, $140,000,000, to remain available until expended.
GENERAL EXPENSES
For expenses necessary for general administration
and related functions in the Office of the Chief of Engi-
neers and offices of the Division Engineers; activities of
the Coastal Engineering Research Board, the Humphreys
Engineer Center Support Activity, the Water Resources
HR 4060 RDS
Support Center, and headquarters support functions at
the USACE Finance Center; $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: Provided further, That
none of these funds shall be available to support an office
of congressional affairs within the executive office of the
Chief of Engineers.
ADMINISTRATIVE PROVISION
Appropriations in this title shall be available for offi-
cial 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 pas-
senger motor vehicles.
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, $39,665,000, to remain available until expended, of
HR 4060 RDS
which $15,476,000 shall be deposited into the Utah Rec-
lamation 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 carry-
ing out related responsibilities of the Secretary of the Inte-
rior, $1,283,000, to remain available until expended.
BUREAU OF RECLAMATION
For carrying out the functions of the Bureau of Rec-
lamation 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 applica-
ble 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 activi-
ties, including the operation, maintenance and rehabilita-
tion of reclamation and other facilities, participation in
fulfilling related Federal responsibilities to Native Ameri-
cans, and related grants to, and cooperative and other
HR 4060 RDS
agreements with, State and local governments, Indian
Tribes, and others, $622,054,000, to remain available
until expended, of which $1,873,000 shall be available for
transfer to the Upper Colorado River Basin Fund and
$49,908,000 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 trans-
fers may be increased or decreased within the overall ap-
propriation 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 Bu-
reau of Reclamation special fee account established by 16
U.S.C. 460l–6a(i) shall be derived from that Fund or ac-
count: 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 ad-
vanced under 43 U.S.C. 397a shall be credited to this ac-
count and are available until expended for the same pur-
poses as the sums appropriated under this heading: Pro-
vided 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.
BUREAU OF RECLAMATION LOAN PROGRAM ACCOUNT
For the cost of direct loans and/or grants,
$12,000,000, to remain available until expended, as au-
HR 4060 RDS
thorized 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 Congres-
sional 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 pro-
gram 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 provi-
sions of the Central Valley Project Improvement Act,
$33,130,000, to be derived from such sums as may be col-
lected in the Central Valley Project Restoration Fund pur-
suant 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.
HR 4060 RDS
CALIFORNIA BAY-DELTA ECOSYSTEM RESTORATION
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Department of the In-
terior and other participating Federal agencies in carrying
out the California Bay-Delta Environmental Enhancement
and Water Security Act consistent with plans to be ap-
proved by the Secretary of the Interior, in consultation
with such Federal agencies, $75,000,000, to remain avail-
able until expended, of which such amounts as may be nec-
essary 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 environ-
mental impact statement only if: (1) consistent with 40
CFR 1506.1(c); and (2) used for purposes that the Sec-
retary 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,
$46,000,000, to be derived from the Reclamation Fund
HR 4060 RDS
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, and uranium supply and enrichment ac-
tivities in carrying out the purposes of the Department
of Energy Organization Act (42 U.S.C. 7101 et seq.), in-
cluding the acquisition or condemnation of any real prop-
erty or any facility or for plant or facility acquisition, con-
struction, or expansion; and the purchase of not to exceed
22 passenger motor vehicles for replacement only,
$882,834,000, of which not to exceed $3,000 may be used
for official reception and representation expenses for
transparency activities.
HR 4060 RDS
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 con-
demnation of any real property or any facility or for plant
or 
facility 
acquisition, 
construction 
or 
expansion,
$466,700,000, to remain available until expended.
URANIUM ENRICHMENT DECONTAMINATION AND
DECOMMISSIONING FUND
For necessary expenses in carrying out uranium en-
richment 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, $225,000,000, to be derived
from the Fund, to remain available until expended: Pro-
vided, 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
HR 4060 RDS
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 not to exceed
5 passenger motor vehicles for replacement only,
$2,399,500,000, to remain available until expended: Pro-
vided, That in addition, $7,600,000 of the unobligated bal-
ances 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, $160,000,000, to remain available until ex-
pended, to be derived from the Nuclear Waste Fund: Pro-
vided, That none of the funds provided herein shall be dis-
tributed to the State of Nevada or affected units of local
government (as defined by Public Law 97–425) by direct
payment, grant, or other means, for financial assistance
under section 116 of the Nuclear Waste Policy Act of
1982, as amended: Provided further, That the foregoing
proviso shall not apply to payments in lieu of taxes under
HR 4060 RDS
section 116(c)(3)(A) of the Nuclear Waste Policy Act of
1982, as amended.
DEPARTMENTAL ADMINISTRATION
For salaries and expenses of the Department of En-
ergy necessary for departmental administration in carry-
ing out the purposes of the Department of Energy Organi-
zation Act (42 U.S.C. 7101 et seq.), including the hire
of passenger motor vehicles and official reception and rep-
resentation 
expenses 
(not 
to 
exceed 
$5,000),
$175,365,000, to remain available until expended, plus
such additional amounts as necessary to cover increases
in the estimated amount of cost of work for others not-
withstanding the provisions of the Anti-Deficiency Act (31
U.S.C. 1511 et seq.): Provided, That such increases in
cost of work are offset by revenue increases of the same
or greater amount, to remain available until expended:
Provided further, 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 mis-
cellaneous revenues received during fiscal year 1999 so as
HR 4060 RDS
to result in a final fiscal year 1999 appropriation from
the General Fund estimated at not more than
$38,835,000.
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, $14,500,000, 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 not to exceed one fixed wing aircraft; and
the purchase of passenger motor vehicles (not to exceed
32 for replacement only, and one bus), $4,142,100,000,
to remain available until expended.
HR 4060 RDS
DEFENSE ENVIRONMENTAL MANAGEMENT
PRIVATIZATION
For Department of Energy expenses for privatization
projects necessary for atomic energy defense environ-
mental management activities authorized by the Depart-
ment of Energy Organization Act (42 U.S.C. 7101 et
seq.), $286,857,000, 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 pur-
poses of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition or con-
demnation of any real property or any facility or for plant
or facility acquisition, construction, or expansion,
$1,761,260,000, to remain available until expended.
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, $190,000,000, to remain available until ex-
pended.
HR 4060 RDS
POWER MARKETING ADMINISTRATIONS
BONNEVILLE POWER ADMINISTRATION FUND
Expenditures from the Bonneville Power Administra-
tion Fund, established pursuant to Public Law 93–454,
are approved for official reception and representation ex-
penses in an amount not to exceed $1,500.
During fiscal year 1999, no new direct loan obliga-
tions 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 re-
main available until expended; in addition, notwithstand-
ing 31 U.S.C. 3302, not to exceed $28,000,000 in reim-
bursements, 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 re-
main available until expended.
OPERATION AND MAINTENANCE, SOUTHWESTERN
POWER ADMINISTRATION
For necessary expenses of operation and maintenance
of power transmission facilities and of marketing electric
HR 4060 RDS
power and energy, and for construction and acquisition of
transmission lines, substations and appurtenant facilities,
and for administrative expenses, including official recep-
tion and representation expenses in an amount not to ex-
ceed $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, $24,710,000, to
remain available until expended; in addition, notwith-
standing 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 ADMINIS-
TRATION
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 con-
servation and renewable resources programs as author-
ized, including official reception and representation ex-
penses in an amount not to exceed $1,500, $205,000,000,
to remain available until expended, of which $195,787,000
shall be derived from the Department of the Interior Rec-
lamation Fund: Provided, That of the amount herein ap-
propriated, $5,036,000 is for deposit into the Utah Rec-
lamation Mitigation and Conservation Account pursuant
HR 4060 RDS
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, $970,000, to remain available until expended, and
to be derived from the Falcon and Amistad Operating and
Maintenance Fund of the Western Area Power Adminis-
tration, as provided in section 423 of the Foreign Rela-
tions Authorization Act, Fiscal Years 1994 and 1995.
FEDERAL ENERGY REGULATORY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Energy Regu-
latory Commission to carry out the provisions of the De-
partment 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),
$166,500,000, to remain available until expended: Pro-
vided, That notwithstanding any other provision of law,
not to exceed $166,500,000 of revenues from fees and an-
nual charges, and other services and collections in fiscal
year 1999 shall be retained and used for necessary ex-
penses in this account, and shall remain available until
HR 4060 RDS
expended: Provided further, That the sum herein appro-
priated from the General Fund shall be reduced as reve-
nues 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 con-
tract is awarded using competitive procedures or the Sec-
retary of Energy grants, on a case-by-case basis, a waiver
to allow for such a deviation. The Secretary may not dele-
gate the authority to grant such a waiver.
(b) At least 60 days before a contract award, amend-
ment, 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 Represent-
atives and the Senate a report notifying the subcommit-
tees 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
HR 4060 RDS
from the Federal Acquisition Regulation, unless the Sec-
retary of Energy grants, on a case-by-case basis, a waiver
to allow for such a deviation. The Secretary may not dele-
gate the authority to grant such a waiver.
(b) At least 60 days before a contract award, amend-
ment, 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 Represent-
atives and the Senate a report notifying the subcommit-
tees 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 restruc-
turing 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 $29,800,000 made available for obligation by this Act
HR 4060 RDS
for severance payments and other benefits and community
assistance grants under section 3161 of the National De-
fense 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. (a) Except as provided in subsection (b),
none of the funds appropriated by this Act or any prior
appropriations Act may be used by any program, project,
or activity of the Department of Energy to produce or pro-
vide articles or services for the purpose of selling the arti-
cles or services to a person outside the Federal Govern-
ment, unless the Secretary of Energy determines that the
articles or services are not available from a commercial
source in the United States.
(b) Subsection (a) does not apply to the transmission
and sale of electricity by any Federal power marketing ad-
ministration.
(TRANSFERS OF UNEXPENDED BALANCES)
SEC. 307. The unexpended balances of prior appro-
priations provided for activities in this Act may be trans-
ferred to appropriation accounts for such activities estab-
lished pursuant to this title. Balances so transferred may
be merged with funds in the applicable established ac-
HR 4060 RDS
counts and thereafter may be accounted for as one fund
for the same time period as originally enacted.
WASTE ISOLATION PILOT PLANT LAND WITHDRAWAL ACT
SEC. 308. None of the funds appropriated by this Act
or any prior appropriations Act may be used to provide
economic assistance or miscellaneous payments under sec-
tion 15 of the Waste Isolation Pilot Plant Land With-
drawal Act (Public Law 102–579; 106 Stat. 4777) until
the Waste Isolation Pilot Plant commences disposal oper-
ations.
TITLE IV
INDEPENDENT AGENCIES
APPALACHIAN REGIONAL COMMISSION
For expenses necessary to carry out the programs au-
thorized by the Appalachian Regional Development Act of
1965, as amended, notwithstanding section 405 of said
Act, for necessary expenses for the Federal Co-Chairman
and the alternate on the Appalachian Regional Commis-
sion, for payment of the Federal share of the administra-
tive expenses of the Commission, including services as au-
thorized by 5 U.S.C. 3109, and hire of passenger motor
vehicles, $65,900,000, to remain available until expended.
HR 4060 RDS
DEFENSE NUCLEAR FACILITIES SAFETY
BOARD
SALARIES AND EXPENSES
For necessary expenses of the Defense Nuclear Fa-
cilities Safety Board in carrying out activities authorized
by the Atomic Energy Act of 1954, as amended by Public
Law 100–456, section 1441, $16,500,000, to remain
available until expended.
NUCLEAR REGULATORY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Commission in carry-
ing out the purposes of the Energy Reorganization Act
of 1974, as amended, and the Atomic Energy Act of 1954,
as amended, including official representation expenses
(not to exceed $5,000); $462,700,000, to remain available
until expended: Provided, That of the amount appro-
priated herein, $14,800,000 shall be derived from the Nu-
clear Waste Fund: Provided further, That revenues from
licensing fees, inspection services, and other services and
collections estimated at $444,700,000 in fiscal year 1999
shall be retained and used for necessary salaries and ex-
penses in this account, notwithstanding 31 U.S.C. 3302,
and shall remain available until expended: Provided fur-
ther, That $3,200,000 of the funds herein appropriated
for regulatory reviews and other assistance provided to the
HR 4060 RDS
Department of Energy and other Federal agencies shall
be excluded from license fee revenues, notwithstanding 42
U.S.C. 2214: Provided further, That the sum herein ap-
propriated shall be reduced by the amount of revenues re-
ceived during fiscal year 1999 so as to result in a final
fiscal year 1999 appropriation estimated at not more than
$18,000,000.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $4,800,000, to remain
available until expended: Provided, That the sum herein
appropriated shall be reduced by the amount of revenues
received during fiscal year 1999 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 Tech-
nical Review Board, as authorized by Public Law 100–
203, section 5051, $2,600,000, to be derived from the Nu-
clear Waste Fund, and 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
HR 4060 RDS
congressional action on any legislation or appropriation
matters pending before Congress, other than to commu-
nicate 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 Con-
gress that, to the greatest extent practicable, all equip-
ment 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 en-
tity 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 state-
ment 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 bear-
ing 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 con-
tract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineli-
HR 4060 RDS
gibility procedures described in sections 9.400 through
9.409 of title 48, Code of Federal Regulations.
SEC. 503. (a) None of the funds appropriated or oth-
erwise made available by this Act may be used to deter-
mine 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 En-
vironmental Protection Agency, to minimize any detrimen-
tal effect of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup
Program and the costs of the San Joaquin Valley Drain-
age 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—Alter-
native Repayment Plan’’ described in the report entitled
‘‘Repayment Report, Kesterson Reservoir Cleanup Pro-
gram and San Joaquin Valley Drainage Program, Feb-
ruary 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
HR 4060 RDS
such service or studies pursuant to Federal Reclamation
law.
SEC. 504. None of the funds made available in this
or any other Act may be used to restart the High Flux
Beam Reactor.
SEC. 505. Section 6101(a)(3) of the Omnibus Budget
Reconciliation Act of 1990, as amended, (42 U.S.C.
2214(a)(3)) is amended by striking ‘‘September 30, 1998’’
and inserting ‘‘September 30, 1999’’.
SEC. 506. (a) Funds appropriated for ‘‘Nuclear Reg-
ulatory Commission—Salaries and Expenses’’ shall be
available to the Commission for the following additional
purposes:
(1) Employment of aliens.
(2) Services authorized by section 3109 of title
5, United States Code.
(3) Publication and dissemination of atomic in-
formation.
(4) Purchase, repair, and cleaning of uniforms.
(5) Reimbursements to the General Services
Administration for security guard services.
(6) Hire of passenger motor vehicles and air-
craft.
(7) Transfers of funds to other agencies of the
Federal Government for the performance of the
HR 4060 RDS
work for which such funds are appropriated, and
such transferred funds may be merged with the ap-
propriations to which they are transferred.
(8) Transfers to the Office of Inspector General
of the Commission, not to exceed an additional
amount equal to 5 percent of the amount otherwise
appropriated to the Office for the fiscal year. Notice
of such transfers shall be submitted to the Commit-
tees on Appropriations.
(b) Funds appropriated for ‘‘Nuclear Regulatory
Commission—Office of Inspector General’’ shall be avail-
able to the Office for the additional purposes described
in paragraphs (2) and (7) of subsection (a).
(c) Moneys received by the Commission for the coop-
erative nuclear research program, services rendered to
State governments, foreign governments, and inter-
national organizations, and the material and information
access authorization programs, including criminal history
checks under section 149 of the Atomic Energy Act of
1954 (42 U.S.C. 2169) may be retained and used for sala-
ries and expenses associated with those activities, notwith-
standing 31 U.S.C. 3302, and shall remain available until
expended.
(d) This section shall apply to fiscal year 1999 and
each succeeding fiscal year.
HR 4060 RDS
SEC. 507. Sec. 505 of Public Law 102–377, the Fis-
cal Year 1993 Energy and Water Development Appropria-
tions Act, and section 208 of Public Law 99–349, the Ur-
gent Supplemental Appropriations Act, 1986, are re-
pealed.
IMPLEMENTATION OF EXTERNAL REGULATION
SEC. 508. (a) TRANSFER OF AUTHORITY.—Notwith-
standing any other provision of law, no later than March
31, 1999, the Department of Energy shall not implement
and enforce its own regulatory system, through rules, reg-
ulations, orders, or standards, with regard to the Ernest
Orlando Lawrence Berkeley National Laboratory for envi-
ronment, safety, and health, but shall be regulated by the
appropriate Federal, State, and local agencies as provided
by the applicable Federal, State, and local laws and regu-
lations: Provided, That for this facility, the Department
shall be deemed to be a ‘‘person’’ under the Atomic En-
ergy Act of 1954, as amended.
(b) DEPARTMENT OF ENERGY REPORTING REQUIRE-
MENT.—By October 31, 1998, the Secretary of Energy
shall transmit to the Congress a plan for termination of
its authority to regulate its contractors and to self-regu-
late its own operations in the areas of environment, safety,
and health at the facility named in section (a). The report
shall include—
HR 4060 RDS
(1) A detailed transition plan, giving the sched-
ule for termination of self-regulation authority as
outlined in section (a), including the activities to be
coordinated with the Nuclear Regulatory Commis-
sion (NRC) and the Occupational Safety and Health
Administration (OSHA);
(2) A description of any issues remaining to be
resolved with the NRC and OSHA or other external
regulators, and a timetable for resolving such issues
before March 31, 1999; and
(3) An estimate of the current annual cost of
administering and implementing self-regulation of
environment, safety, and health activities at all De-
partment of Energy facilities, and an estimate of the
number of Federal and contractor employees cur-
rently administering and implementing self-regula-
tion of environment, safety and health activities at
each of the facilities. For the Lawrence Berkeley
National Laboratory, there should also be an esti-
mate of the cost of the external regulators based on
the pilot project of simulated NRC regulation which
has already been conducted; an estimate of the cost
and number of Federal and contractor employees
currently administering and implementing self-regu-
lation of environment, safety and health activities at
HR 4060 RDS
the Laboratory; and an estimate of the extent and
schedule by which the Department and Laboratory
staffs will be reduced as a result of implementation
of section (a).
(c) NUCLEAR REGULATORY COMMISSION REPORTING
REQUIREMENT.—By January 30, 1999, the Chairman of
the Nuclear Regulatory Commission shall submit to Con-
gress a plan for regulating accelerator-produced radio-
active material, and ionizing radiation generating ma-
chines at Department of Energy facilities. The report
shall:
(1) Recommend what statutory changes, if any,
would be needed to provide the Commission with the
authority to regulate accelerator use at Department
of Energy facilities;
(2) Identify what additional Commission re-
sources would be needed to accomplish such regula-
tion; and
(3) Identify any existing technical or regulatory
obstacles to the Commission regulation of accelera-
tor use.
This Act may be cited as the ‘‘Energy and Water De-
velopment Appropriations Act, 1999’’.
Passed the House of Representatives June 22, 1998.
Attest:
ROBIN H. CARLE,
Clerk.