IB
105TH CONGRESS
2D SESSION
H. R. 4060
IN THE HOUSE OF REPRESENTATIVES
JUNE 23, 1998
Ordered to be printed with the amendments of the Senate numbered
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,
Ω1æThat 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-
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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:
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;
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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
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-
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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-
terial Disposal Facilities program shall be derived from
the Harbor Maintenance Trust Fund, as authorized by
Public Law 104–303; and of which such sums as are nec-
essary pursuant to Public Law 99–662 shall be derived
from the Inland Waterways Trust Fund, for one-half of
the costs of construction and rehabilitation of inland wa-
terways projects, including rehabilitation costs for the
Lock and Dam 25, Mississippi River, Illinois and Mis-
souri; Lock and Dam 14, Mississippi River, Iowa; Lock
and Dam 24, Part 1, Mississippi River, Illinois and Mis-
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souri; and Lock and Dam 3, Mississippi River, Minnesota,
projects, and of which funds are provided for the following
projects in the amounts specified:
Norco Bluffs, California, $4,400,000;
Tybee Island, Georgia, $1,200,000;
Indianapolis
Central
Waterfront,
Indiana,
$4,000,000;
Indiana Shoreline Erosion, Indiana, $700,000;
Ohio
River
Flood
Protection,
Indiana,
$1,700,000;
Harlan/Clover
Fork,
Williamsburg,
Middlesboro,
Martin
County,
Pike
County,
and
Town of Martin elements of the Levisa and Tug
Forks of the Big Sandy River and Upper Cum-
berland River, Kentucky, $26,730,000;
Southern and Eastern Kentucky, Kentucky,
$4,000,000;
Lake Pontchartrain and Vicinity (Hurricane
Protection), Louisiana, $18,000,000;
Lake
Pontchartrain
(Jefferson
Parish)
Stormwater Discharge, Louisiana, $3,000,000;
Southeast Louisiana, Louisiana, $85,200,000;
Jackson County, Mississippi, $7,000,000;
Passaic River Streambank Restoration, New
Jersey, $5,000,000;
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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
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-
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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-
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.
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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
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
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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
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
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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
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
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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-
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
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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.
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-
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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
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.
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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
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.
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
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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
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,
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construction, or expansion, and purchase of not to exceed
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
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-
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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
to result in a final fiscal year 1999 appropriation from
the
General
Fund
estimated
at
not
more
than
$38,835,000.
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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.
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.
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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
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-
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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
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
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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
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.
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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
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.
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(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
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).
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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-
counts and thereafter may be accounted for as one fund
for the same time period as originally enacted.
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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.
DEFENSE NUCLEAR FACILITIES SAFETY
BOARD
SALARIES AND EXPENSES
For necessary expenses of the Defense Nuclear Fa-
cilities Safety Board in carrying out activities authorized
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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
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
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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
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.
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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-
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-
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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
such service or studies pursuant to Federal Reclamation
law.
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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
work for which such funds are appropriated, and
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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.
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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—
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(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
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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’’.
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
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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 con-
trol, shore protection, and related projects, restudy of au-
thorized projects, miscellaneous investigations, and, when
authorized by laws, surveys and detailed studies and plans
and specifications of projects prior to construction,
$165,390,000, to remain available until expended, of which
funds are provided for the following projects in the amounts
specified:
Rehoboth 
and 
Dewey 
Beaches, 
Delaware,
$150,000;
Fort Pierce Shore Protection, Florida, $300,000;
Lido Key Beach, Florida, $300,000;
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Paducah, Kentucky, $100,000; and
Lake Pontchartrain Basin Comprehensive Study,
Louisiana, $500,000:
Provided, That the Secretary of the Army, acting through
the Chief of Engineers, is directed to use $700,000 of the
funds appropriated in Public Law 102–377 for the Red
River Waterway, Shreveport, Louisiana, to Daingerfield,
Texas, project for the feasibility phase of the Red River
Navigation, Southwest Arkansas, study: Provided further,
That the Secretary of the Army may make available
$500,000 for the Atlanta Watershed, Atlanta, Georgia
project.
CONSTRUCTION, GENERAL
For the prosecution of river and harbor, flood control,
shore protection, and related projects authorized by laws;
and detailed studies, and plans and specifications, of
projects (including those for development with participation
or under consideration for participation by States, local
governments, or private groups) authorized or made eligible
for selection by law (but such studies shall not constitute
a commitment of the Government to construction),
$1,248,068,000, to remain available until expended, of
which such sums as are necessary for the Federal share of
construction costs for facilities under the Dredge Material
Disposal Facilities program shall be derived from the Har-
bor Maintenance Trust Fund, as authorized by Public Law
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104–303; and of which such sums as are necessary pursuant
to Public Law 99–662 shall be derived from the Inland Wa-
terways Trust Fund, for one-half of the costs of construction
and rehabilitation of inland waterways projects, including
rehabilitation costs for the Lock and Dam 25, Mississippi
River, Illinois and Missouri; Lock and Dam 14, Mississippi
River, Iowa; Lock and Dam 24, Mississippi River, Illinois
and Missouri; and Lock and Dam 3, Mississippi River,
Minnesota, projects, and of which funds are provided for
the following projects in the amounts specified:
Norco Bluffs, California, $4,000,000;
Panama City Beaches, Florida, $5,000,000;
Indianapolis 
Central 
Waterfront, 
Indiana,
$4,000,000;
Harlan, Williamsburg, Pike County Middlesboro,
Cumberland City/Harland County, and Martin
County, elements of the Levisa and Tug Forks of the
Big Sandy River and Upper Cumberland River
project in Kentucky, $28,500,000;
Lake Pontchartrain and Vicinity (Hurricane
Protection), Louisiana, $10,000,000;
Lake 
Pontchartrain 
(Jefferson 
Parish)
Stormwater Discharge, Louisiana, $6,000,000;
Jackson County, Mississippi, $4,500,000;
Pascagoula Harbor, Mississippi, $10,000,000;
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Wallisville Lake, Texas, $8,000,000;
Virginia Beach, Virginia (Hurricane Protec-
tion), $20,000,000;
Upper Mingo County (including Mingo County
Tributaries), Lower Mingo County (Kermit), Wayne
County, Hatfield Bottom, and McDowell County, ele-
ments of the Levisa and Tug Forks of the Big Sandy
River and Upper Cumberland River project in West
Virginia, $12,300,000; and the Grundy, Virginia ele-
ment of the Levisa and Tug Forks of the Big Sandy
River 
and 
Upper 
Cumberland 
River 
project,
$1,000,000:
Provided, That the navigation project for Cook Inlet Navi-
gation, Alaska, authorized by Section 101(b)(2) of Public
Law 104–303 is modified to authorize the Secretary of the
Army, acting through the Chief of Engineers to construct
the project at a total cost of $12,600,000 with an estimated
first Federal cost of $9,450,000 and an estimated first non-
Federal cost of $3,150,000: Provided further, That the Sec-
retary of the Army, acting through the Chief of Engineers
is directed to use $5,000,000 provided herein to construct
bluff stabilization measures at authorized locations for the
Natchez Bluff, Mississippi at a total estimated cost of
$26,065,000 with an estimated first Federal cost of
$19,549,000 and an estimated first non-Federal cost of
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$6,516,000 and to award continuing contracts, which are
not to be considered fully funded: Provided further, That
the Secretary of the Army, acting through the Chief of Engi-
neers, is directed to use funds previously appropriated for
the LaFarge Lake, Kickapoo River, Wisconsin project to
complete and transmit to the appropriate committees of
Congress by January 15, 1999 a decision document on the
advisability of undertaking activities authorized by Public
Law 104–303: Provided further, That the Secretary of the
Army, acting through the Chief of Engineers, may use up
to $8,000,000 of the funding appropriated herein to initiate
construction of an emergency outlet from Devils Lake, North
Dakota, to the Sheyenne River, and that this amount is
designated by Congress as an emergency requirement pursu-
ant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended (2
U.S.C. 901(b)(2)(D)(i)); except that funds shall not become
available unless the Secretary of the Army determines that
an emergency (as defined in section 102 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122)) exists with respect to the emergency need for
the outlet and reports to Congress that the construction is
technically sound, economically justified, and environ-
mentally acceptable and in compliance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.):
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Provided further, That the economic justification for the
emergency outlet shall be prepared in accordance with the
principles and guidelines for economic evaluation as re-
quired by regulations and procedures of the Army Corps
of Engineers for all flood control projects, and that the eco-
nomic justification be fully described, including the analy-
sis of the benefits and costs, in the project plan documents:
Provided further, That the plans for the emergency outlet
shall be reviewed and, to be effective, shall contain assur-
ances provided by the Secretary of State, after consultation
with the International Joint Commission, that the project
will not violate the requirements or intent of the Treaty
Between the United States and Great Britain Relating to
Boundary Waters Between the United States and Canada,
signed at Washington January 11, 1909 (36 Stat. 2448;
TS 548) (commonly known as the ‘‘Boundary Waters Trea-
ty of 1909’’): Provided further, That the Secretary of the
Army shall submit the final plans and other documents for
the emergency outlet to Congress: Provided further, That no
funds made available under this Act or any other Act for
any fiscal year may be used by the Secretary of the Army
to carry out the portion of the feasibility study of the Devils
Lake Basin, North Dakota, authorized under the Energy
and Water Development Appropriations Act, 1993 (Public
Law 102–377), that addresses the needs of the area for sta-
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bilized lake levels through inlet controls, or to otherwise
study any facility or carry out any activity that would per-
mit the transfer of water from the Missouri River Basin
into Devils Lake: Provided further, That the entire amount
of $8,000,000 shall be available only to the extent an official
budget request, that includes the designation of the entire
amount of the request as an emergency requirement as de-
fined by the Balanced Budget and Emergency Deficit Con-
trol Act of 1985, as amended, is transmitted by the Presi-
dent to the Congress: Provided further, That the Secretary
of the Army, acting through the Chief of Engineers is di-
rected to use $500,000 of funds appropriated herein to con-
tinue construction of the Joseph G. Minish Passaic River
waterfront park and historic area, New Jersey project: Pro-
vided further, That of amounts made available by this Act
for project modifications for improvement of the environ-
ment under section 1135 of the Water Resources Develop-
ment Act of 1986 (33 U.S.C. 2309a), $500,000 may be made
available for demonstration of sediment remediation tech-
nology under section 401 of the Water Resources Develop-
ment Act of 1990 (33 U.S.C. 1268 note; 104 Stat. 4644):
Provided further, That the Secretary of the Army may make
available $100,000 for the Belle Isle Shoreline Erosion Pro-
tection, Michigan project; $100,000 for the Riverfront Tow-
ers to Renaissance Center Shoreline Protection, Michigan
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project; and $200,000 for the Great Lakes Basin, Sea Lam-
prey Control, section 206, Michigan project.
FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES,
ARKANSAS, ILLINOIS, KENTUCKY, LOUISIANA, MIS-
SISSIPPI, 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),
$313,234,000, to remain available until expended.
OPERATION AND MAINTENANCE, GENERAL
For expenses necessary for the preservation, operation,
maintenance, and care of existing river and harbor, flood
control, and related works, including such sums as may be
necessary for the maintenance of harbor channels provided
by a State, municipality or other public agency, outside
of harbor lines, and serving essential needs of general com-
merce and navigation; surveys and charting of northern
and northwestern lakes and connecting waters; clearing and
straightening channels; and removal of obstructions to navi-
gation, $1,667,572,000, to remain available until expended,
of which $460,000 may be made available for the Omaha
District to pay pending takings claims for flooding of prop-
erty adjacent to the Missouri River caused by actions taken
by the Army Corps of Engineers, of which $2,540,000 shall
be available for the project on the Missouri River between
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Fort Peck Dam and Gavins Point in South Dakota and
Montana, under section 9(f) of the Act entitled ‘‘An Act au-
thorizing the construction of certain public works on rivers
and harbors for flood control, and for other purposes’’, ap-
proved December 22, 1944 (102 Stat. 4031), of which such
sums as become available from the special account estab-
lished by the Land and Water Conservation Act of 1965,
as amended (16 U.S.C. 460l), may be derived from that
Fund for construction, operation, and maintenance of out-
door recreation facilities, and of which funds are provided
for the following projects in the amounts specified:
Ponce DeLeon Inlet, Florida, $4,000,000;
Delaware River, Philadelphia to the Sea, Pea
Patch Island, Delaware and New Jersey, $1,500,000;
and
Yuquina Bay and Harbor, North Marina Break-
water, Oregon, $1,100,000:
Provided, That no funds, whether appropriated, contrib-
uted, or otherwise provided, shall be available to the United
States Army Corps of Engineers for the purpose of acquir-
ing land in Jasper County, South Carolina, in connection
with the Savannah Harbor navigation project: Provided
further, That notwithstanding section 103(c)(1) of Public
Law 99–662, the Secretary of the Army is directed to use
up to $100,000 of the funds appropriated herein for the
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Bluestone Lake, West Virginia, project to reimburse the Tri-
Cities Power Authority the total amount provided by the
Authority to the Department of the Army after fiscal year
1997 for the reevaluation study for the project.
REGULATORY PROGRAM
For expenses necessary for administration of laws per-
taining to regulation of navigable waters and wetlands,
$106,000,000, to remain available until expended, of which
$250,000 may be made available to support the National
Contaminated Sediment Task Force established by section
502 of the Water Resources Development Act of 1992 (33
U.S.C. 1271 note; Public Law 102–580).
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary to clean up contaminated sites
throughout the United States where work was performed as
part of the Nation’s early atomic energy program,
$140,000,000, to remain available until expended: Pro-
vided, That the remedial actions by the U.S. Army Corps
of Engineers under this program shall consist of the follow-
ing functions and activities to be performed at eligible sites
where remediation has not been completed: sampling and
assessment of contaminated areas, characterization of site
conditions, determination of the nature and extent of con-
tamination, preparation of designation reports, cleanup
and closeout of sites, and any other functions determined
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by the Chief of Engineers as necessary of remediation: Pro-
vided further, That remedial actions by the U.S. Army
Corps of Engineers under this program shall be subject to
the administrative, procedural, and regulatory provisions
of the Comprehensive Environmental Response, Compensa-
tion and Liability Act, 42 U.S.C. 9601 et seq., and the Na-
tional Oil and Hazardous Substances Pollution Contin-
gency Plan, 40 C.F.R., Chapter 1, Part 300: Provided fur-
ther, That, except as stated herein, these provisions do not
alter, curtail or limit the authorities, function or respon-
sibilities of other agencies under the Atomic Energy Act,
42 U.S.C. 2011 et seq.: Provided further, That the unex-
pended balances of prior appropriations provided for these
activities in this Act or any previous Energy and Water
Development Appropriations Act may be transferred to and
merged with this appropriation account, and thereafter,
may be accounted for as one fund for the same time period
as originally enacted.
GENERAL EXPENSES
For expenses necessary for general administration and
related functions in the Office of the Chief of Engineers and
offices of the Division Engineers; activities of the Coastal
Engineering Research Board, the Humphreys Engineer
Center Support Activity, the Water Resources Support Cen-
ter, and the USACE Finance Center; and for costs of imple-
menting the Secretary of the Army’s plan to reduce the
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number of division offices as directed in title I, Public Law
104–206, $148,000,000, to remain available until expended:
Provided, That no part of any other appropriation pro-
vided in title I of this Act shall be available to fund the
activities of the Office of the Chief of Engineers or the execu-
tive direction and management activities of the division of-
fices.
REVOLVING FUND
Amounts in the Revolving Fund may be used to con-
struct a 17,000 square foot addition to the United States
Army Corps of Engineers Alaska District main office build-
ing on Elemendorf Air Force Base. The Revolving Fund
shall be reimbursed for such funding from appropriations
of the benefitting programs by collection each year of user
fees sufficient to repay the capitalized cost of the asset and
to operate and maintain the asset. Using amounts available
in the Revolving Fund, the Secretary of the Army is author-
ized to renovate office space in the General Accounting Of-
fice headquarters building in Washington, DC, for use by
the Corps and GAO. The Secretary is authorized to enter
into a lease with GAO to occupy such renovated space as
appropriate, for the Corps’ headquarters. The Secretary
shall ensure that the Revolving Fund is appropriately reim-
bursed from appropriations of the Corps’ benefitting pro-
grams by collection each year of amounts sufficient to repay
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the capitalized cost of such renovation and through rent re-
ductions or rebates from GAO.
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.
GENERAL PROVISIONS
CORPS OF ENGINEERS—CIVIL
SEC. 101. Notwithstanding any other provisions of
law, no fully allocated funding policy shall be applied to
projects for which funds are identified in the Committee re-
ports accompanying the Act or a subsequent Energy and
Water Development Appropriations Act under the Con-
struction, General; Operation and Maintenance, General;
and Flood Control, Mississippi River and Tributaries, ap-
propriation accounts: Provided, That the Secretary of the
Army, acting through the Chief of Engineers, is directed
to undertake these projects using continuing contracts, as
authorized in section 10 of the Rivers and Harbors Act of
September 22, 1922 (33 U.S.C. 621).
SEC. 102. In fiscal year 1999, the Secretary of the
Army is authorized and directed to provide planning, de-
sign and construction assistance to non-Federal interests in