H. R. 2107—38
NAVAL PETROLEUM AND OIL SHALE RESERVES
For necessary expenses in carrying out naval petroleum and
oil shale reserve activities, $107,000,000, and such sums as are
necessary to operate Naval Petroleum Reserve Numbered 1 between
May 16, 1998 and September 30, 1998, to remain available until
expended: Provided, That notwithstanding any other provision of
law, revenues received from use and operation of Naval Petroleum
Reserve Numbered 1 in excess of $163,000,000 shall be used to
offset the costs of operating Naval Petroleum Reserve Numbered
1 between May 16, 1998 and September 30, 1998: Provided further,
That revenues retained pursuant to the first proviso under this
heading in Public Law 102–381 (106 Stat. 1404) shall be imme-
diately transferred to the general fund of the Treasury: Provided
further, That the requirements of 10 U.S.C. 7430(b)(2)(B) shall
not apply to fiscal year 1998.
ENERGY CONSERVATION
For necessary expenses in carrying out energy conservation
activities, $611,723,000, to remain available until expended, includ-
ing, notwithstanding any other provision of law, the excess amount
for fiscal year 1998 determined under the provisions of section
3003(d) of Public Law 99–509 (15 U.S.C. 4502): Provided, That
$155,095,000 shall be for use in energy conservation programs
as defined in section 3008(3) of Public Law 99–509 (15 U.S.C.
4507) and shall not be available until excess amounts are deter-
mined under the provisions of section 3003(d) of Public Law 99–
509 (15 U.S.C. 4502): Provided further, That notwithstanding sec-
tion 3003(d)(2) of Public Law 99–509 such sums shall be allocated
to the eligible programs as follows: $124,845,000 for weatherization
assistance grants and $30,250,000 for State energy conservation
grants.
ECONOMIC REGULATION
For necessary expenses in carrying out the activities of the
Office of Hearings and Appeals, $2,725,000, to remain available
until expended.
STRATEGIC PETROLEUM RESERVE
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for Strategic Petroleum Reserve facility
development and operations and program management activities
pursuant to the Energy Policy and Conservation Act of 1975, as
amended (42 U.S.C. 6201 et seq.), $207,500,000, to remain available
until expended, of which $207,500,000 shall be repaid from the
‘‘SPR Operating Fund’’ from amounts made available from the
sale of oil from the Reserve: Provided, That notwithstanding section
161 of the Energy Policy and Conservation Act of 1975, the Sec-
retary shall draw down and sell in fiscal year 1998, $207,500,000
worth of oil from the Strategic Petroleum Reserve: Provided further,
That the proceeds from the sale shall be deposited into the ‘‘SPR
Operating Fund’’, and shall, upon receipt, be transferred to the
Strategic Petroleum Reserve account for operations of the Strategic
Petroleum Reserve.
H. R. 2107—39
SPR PETROLEUM ACCOUNT
Notwithstanding 42 U.S.C. 6240(d), the United States share
of crude oil in Naval Petroleum Reserve Numbered 1 (Elk Hills)
may be sold or otherwise disposed of to other than the Strategic
Petroleum Reserve: Provided, That outlays in fiscal year 1998
resulting from the use of funds in this account shall not exceed
$5,000,000.
ENERGY INFORMATION ADMINISTRATION
For necessary expenses in carrying out the activities of the
Energy Information Administration, $66,800,000, to remain avail-
able until expended.
ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY
Appropriations under this Act for the current fiscal year shall
be available for hire of passenger motor vehicles; hire, maintenance,
and operation of aircraft; purchase, repair, and cleaning of uniforms;
and reimbursement to the General Services Administration for secu-
rity guard services.
From appropriations under this Act, transfers of sums may
be made to other agencies of the Government for the performance
of work for which the appropriation is made.
None of the funds made available to the Department of Energy
under this Act shall be used to implement or finance authorized
price support or loan guarantee programs unless specific provision
is made for such programs in an appropriations Act.
The Secretary is authorized to accept lands, buildings, equip-
ment, and other contributions from public and private sources and
to prosecute projects in cooperation with other agencies, Federal,
State, private or foreign: Provided, That revenues and other moneys
received by or for the account of the Department of Energy or
otherwise generated by sale of products in connection with projects
of the Department appropriated under this Act may be retained
by the Secretary of Energy, to be available until expended, and
used only for plant construction, operation, costs, and payments
to cost-sharing entities as provided in appropriate cost-sharing con-
tracts or agreements: Provided further, That the remainder of reve-
nues after the making of such payments shall be covered into
the Treasury as miscellaneous receipts: Provided further, That any
contract, agreement, or provision thereof entered into by the Sec-
retary pursuant to this authority shall not be executed prior to
the expiration of 30 calendar days (not including any day in which
either House of Congress is not in session because of adjournment
of more than three calendar days to a day certain) from the receipt
by the Speaker of the House of Representatives and the President
of the Senate of a full comprehensive report on such project, includ-
ing the facts and circumstances relied upon in support of the
proposed project.
No funds provided in this Act may be expended by the Depart-
ment of Energy to prepare, issue, or process procurement documents
for programs or projects for which appropriations have not been
made.
In addition to other authorities set forth in this Act, the Sec-
retary may accept fees and contributions from public and private
H. R. 2107—40
sources, to be deposited in a contributed funds account, and pros-
ecute projects using such fees and contributions in cooperation
with other Federal, State or private agencies or concerns.
The Secretary is authorized to accept funds from other Federal
agencies in return for assisting agencies in achieving energy effi-
ciency in Federal facilities and operations by the use of privately
financed, energy saving performance contracts and other private
financing mechanisms. The funds may be provided after agencies
begin to realize energy cost savings; may be retained by the Sec-
retary until expended; and may be used only for the purpose of
assisting Federal agencies in achieving greater efficiency, water
conservation, and use of renewable energy by means of privately
financed mechanisms, including energy savings performance con-
tracts. Any such privately financed contracts shall meet the provi-
sions of the Energy Policy Act of 1992, Public Law 102–486 (42
U.S.C. 8287).
DEPARTMENT OF HEALTH AND HUMAN SERVICES
INDIAN HEALTH SERVICE
INDIAN HEALTH SERVICES
For expenses necessary to carry out the Act of August 5, 1954
(68 Stat. 674), the Indian Self-Determination Act, the Indian Health
Care Improvement Act, and titles II and III of the Public Health
Service 
Act 
with 
respect 
to 
the 
Indian 
Health 
Service,
$1,841,074,000, together with payments received during the fiscal
year pursuant to 42 U.S.C. 238(b) for services furnished by the
Indian Health Service: Provided, That funds made available to
tribes and tribal organizations through contracts, grant agreements,
or any other agreements or compacts authorized by the Indian
Self-Determination and Education Assistance Act of 1975 (25 U.S.C.
450), shall be deemed to be obligated at the time of the grant
or contract award and thereafter shall remain available to the
tribe or tribal organization without fiscal year limitation: Provided
further, That $12,000,000 shall remain available until expended,
for the Indian Catastrophic Health Emergency Fund: Provided fur-
ther, That $361,375,000 for contract medical care shall remain
available for obligation until September 30, 1999: Provided further,
That of the funds provided, not less than $11,889,000 shall be
used to carry out the loan repayment program under section 108
of the Indian Health Care Improvement Act: Provided further,
That funds provided in this Act may be used for one-year contracts
and grants which are to be performed in two fiscal years, so long
as the total obligation is recorded in the year for which the funds
are appropriated: Provided further, That the amounts collected by
the Secretary of Health and Human Services under the authority
of title IV of the Indian Health Care Improvement Act shall remain
available until expended for the purpose of achieving compliance
with the applicable conditions and requirements of titles XVIII
and XIX of the Social Security Act (exclusive of planning, design,
or construction of new facilities): Provided further, That of the
funds provided, $7,500,000 shall remain available until expended,
for the Indian Self-Determination Fund, which shall be available
for the transitional costs of initial or expanded tribal contracts,
compacts, grants or cooperative agreements with the Indian Health
Service under the provisions of the Indian Self-Determination Act:
H. R. 2107—41
Provided further, That funding contained herein, and in any earlier
appropriations Acts for scholarship programs under the Indian
Health Care Improvement Act (25 U.S.C. 1613) shall remain avail-
able for obligation until September 30, 1999: Provided further,
That amounts received by tribes and tribal organizations under
title IV of the Indian Health Care Improvement Act shall be
reported and accounted for and available to the receiving tribes
and tribal organizations until expended: Provided further, That
not to exceed $168,702,000 shall be for payments to tribes and
tribal organizations for contract support costs associated with
ongoing contracts or grants or compacts entered into with the
Indian Health Service prior to fiscal year 1998, as authorized by
the Indian Self-Determination Act of 1975, as amended.
INDIAN HEALTH FACILITIES
For construction, repair, maintenance, improvement, and equip-
ment of health and related auxiliary facilities, including quarters
for personnel; preparation of plans, specifications, and drawings;
acquisition of sites, purchase and erection of modular buildings,
and purchases of trailers; and for provision of domestic and commu-
nity sanitation facilities for Indians, as authorized by section 7
of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-
Determination Act, and the Indian Health Care Improvement Act,
and for expenses necessary to carry out such Acts and titles II
and III of the Public Health Service Act with respect to environ-
mental health and facilities support activities of the Indian Health
Service, $257,538,000, to remain available until expended: Provided,
That notwithstanding any other provision of law, funds appro-
priated for the planning, design, construction or renovation of health
facilities for the benefit of an Indian tribe or tribes may be used
to purchase land for sites to construct, improve, or enlarge health
or related facilities.
ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE
Appropriations in this Act to the Indian Health Service shall
be available for services as authorized by 5 U.S.C. 3109 but at
rates not to exceed the per diem rate equivalent to the maximum
rate payable for senior-level positions under 5 U.S.C. 5376; hire
of passenger motor vehicles and aircraft; purchase of medical equip-
ment; purchase of reprints; purchase, renovation and erection of
modular buildings and renovation of existing facilities; payments
for telephone service in private residences in the field, when author-
ized under regulations approved by the Secretary; and for uniforms
or allowances therefore as authorized by 5 U.S.C. 5901–5902; and
for expenses of attendance at meetings which are concerned with
the functions or activities for which the appropriation is made
or which will contribute to improved conduct, supervision, or
management of those functions or activities: Provided, That in
accordance with the provisions of the Indian Health Care Improve-
ment Act, non-Indian patients may be extended health care at
all tribally administered or Indian Health Service facilities, subject
to charges, and the proceeds along with funds recovered under
the Federal Medical Care Recovery Act (42 U.S.C. 2651–2653) shall
be credited to the account of the facility providing the service