H. R. 4060
One Hundred Fifth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-eight
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 Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the Treasury
not otherwise appropriated, for the fiscal year ending September
30, 1999, for energy and water development, and for other purposes,
namely:
TITLE I
DEPARTMENT OF DEFENSE—CIVIL
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS—CIVIL
The following appropriations shall be expended under the direc-
tion of the Secretary of the Army and the supervision of the Chief
of Engineers for authorized civil functions of the Department of
the Army pertaining to rivers and harbors, flood control, beach
erosion, and related purposes.
GENERAL INVESTIGATIONS
For expenses necessary for the collection and study of basic
information pertaining to river and harbor, flood control, shore
protection, and related projects, restudy of authorized projects, mis-
cellaneous investigations, and, when authorized by laws, surveys
and detailed studies and plans and specifications of projects prior
to construction, $161,747,000, 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,
$419,000;
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,
$113,000;
Great Egg Harbor Inlet to Townsend’s Inlet, New Jersey,
$200,000;
Lower Cape May Meadows—Cape May Point, New Jersey,
$100,000;
H. R. 4060—2
Manasquan Inlet to Barnegat Inlet, New Jersey, $300,000;
Raritan Bay to Sandy Hook Bay, New Jersey, $750,000;
and
Townsend’s Inlet to Cape May Inlet, New Jersey, $250,000:
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 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
appropriated herein to implement section 211(f )(8) 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 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 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 construc-
tion), $1,429,885,000, to remain available until expended, of which
such sums as are necessary for the Federal share of construction
costs for facilities under the Dredged Material Disposal Facilities
program shall be derived from the Harbor Maintenance Trust Fund,
as authorized by Public Law 104–303; and of which such sums
as are necessary pursuant to Public Law 99–662 shall be derived
from the Inland Waterways Trust Fund, for one-half of the costs
of construction and rehabilitation of inland waterways projects,
including rehabilitation costs for the Lock and Dam 25, Mississippi
River, Illinois and Missouri; Lock and Dam 14, Mississippi River,
Iowa; Lock and Dam 24, Part 1, 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, $4,400,000;
Panama City Beaches, Florida, $6,000,000;
Tybee Island, Georgia, $1,200,000;
Indiana Shoreline Erosion, Indiana, $700,000;
Indianapolis Central Waterfront, Indiana, $4,000,000;
Ohio River Flood Protection, Indiana, $750,000;
Harlan/Clover 
Fork, 
Williamsburg, 
Pike 
County,
Middlesboro, Martin County, and Town of Martin, elements
of the Levisa and Tug Forks of the Big Sandy River and
Upper Cumberland River project in Kentucky, $25,230,000;
Southern and Eastern Kentucky, Kentucky, $4,000,000;
Lake Pontchartrain and Vicinity (Hurricane Protection),
Louisiana, $16,000,000;
H. R. 4060—3
Lake Pontchartrain (Jefferson Parish) Stormwater Dis-
charge, Louisiana, $4,500,000;
Southeast Louisiana, Louisiana, $75,000,000;
Jackson County, Mississippi, $6,200,000;
Pascagoula Harbor, Mississippi, $12,000,000;
Passaic River Streambank Restoration, New Jersey,
$3,000,000;
Lackawanna River, Olyphant, Pennsylvania, $6,800,000;
Lackawanna River, Scranton, Pennsylvania, $40,551,000;
South Central Pennsylvania Environment Improvement
Program, $39,000,000, of which $13,000,000 shall be available
only for water-related environmental infrastructure and
resource protection and development projects in Lackawanna,
Lycoming, Susquehanna, Wyoming, Pike, and Monroe counties
in Pennsylvania in accordance with the purposes of subsection
(a) and requirements of subsections (b) through (e) of section
313 of the Water Resources Development Act of 1992, as
amended;
Wallisville Lake, Texas, $5,500,000;
Virginia 
Beach, 
Virginia 
(Hurricane 
Protection),
$18,000,000;
Upper Mingo County (including Mingo County Tributaries),
Lower Mingo County (Kermit), Wayne County, Hatfield Bottom,
and McDowell County, elements of the Levisa and Tug Forks
of the Big Sandy River and Upper Cumberland River project
in West Virginia, $11,350,000; and
West Virginia and Pennsylvania Flood Control, West
Virginia and Pennsylvania, $750,000:
Provided, 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 combined sections as a
single project with no separable elements, except that each section
may be undertaken individually when the non-Federal sponsor pro-
vides the applicable local cooperation requirements: Provided fur-
ther, 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 activities on the Lackawanna River in Pennsyl-
vania: Provided further, That the Secretary of the Army is directed
to use $4,500,000 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 tributaries, Texas: Provided further, That the
navigation project for Cook Inlet Navigation, Alaska, authorized
by Section 101(b)(2) of Public Law 104–303 is modified to authorize
the Secretary of the Army, acting through the Chief of Engineers,
to construct the project at a total cost of $12,600,000 with an
estimated first Federal cost of $9,450,000 and an estimated first
non-Federal cost of $3,150,000: Provided further, That the flood
control project for West Sacramento, California, authorized by Sec-
tion 101(4) of Public Law 102–580 is modified to authorize the
Secretary of the Army, acting through the Chief of Engineers,
H. R. 4060—4
to construct the project at a total cost of $32,900,000 with an
estimated first Federal cost of $24,700,000 and an estimated first
non-Federal cost of $8,200,000: Provided further, That the flood
control project for Sacramento River, Glenn-Colusa Irrigation Dis-
trict, California, authorized by Section 2 of the Act entitled ‘‘An
Act to provide for the control of floods of the Mississippi River
and the Sacramento River, and for other purposes’’, approved March
1, 1917 (39 Stat. 949), is modified to authorize the Secretary of
the Army, acting through the Chief of Engineers, to construct
the project at a total cost of $20,700,000 with an estimated first
Federal cost of $15,570,000 and an estimated first non-Federal
cost of $5,130,000: Provided further, That the Secretary of the
Army, acting through the Chief of Engineers, is directed to use
$4,000,000 provided herein to construct bluff stabilization measures
at authorized locations for Natchez Bluff, Mississippi, at a total
estimated cost of $26,065,000 with an estimated first Federal cost
of $19,549,000 and an estimated first non-Federal cost of $6,516,000
and to award continuing contracts, which are not to be considered
fully funded: Provided further, That the Secretary of the Army,
acting through the Chief of Engineers, may use up to $5,000,000
of the funding appropriated herein for construction of an emergency
outlet from Devils Lake, North Dakota, to the Sheyenne River,
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 Assist-
ance Act (42 U.S.C. 5122)) exists with respect to the emergency
need for the outlet and reports to Congress that the construction
is technically sound, economically justified, and environmentally
acceptable and in compliance with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.): Provided further, That
the economic justification for the emergency outlet shall be prepared
in accordance with the principles and guidelines for economic
evaluation as required by regulations and procedures of the Army
Corps of Engineers for all flood control projects, and that the eco-
nomic justification be fully described, including the analysis of
the benefits and costs, in the project plan documents: Provided
further, That the plans for the emergency outlet shall be reviewed
and, to be effective, shall contain assurances provided by the Sec-
retary of State, after consultation with the International Joint
Commission, that the project will not violate the requirements
or intent of the Treaty Between the United States and Great
Britain Relating to Boundary Waters Between the United States
and Canada, signed at Washington January 11, 1909 (36 Stat.
2448; TS 548) (commonly known as the ‘‘Boundary Waters Treaty
of 1909’’): Provided further, That the Secretary of the Army shall
submit the final plans and other documents for the emergency
outlet to Congress: Provided further, That no funds made available
under this Act or any other Act for any fiscal year may be used
by the Secretary of the Army to carry out the portion of the
feasibility study of the Devils Lake Basin, North Dakota, authorized
under the Energy and Water Development Appropriations Act, 1993
(Public Law 102–377), that addresses the needs of the area for
stabilized lake levels through inlet controls, or to otherwise study
any facility or carry out any activity that would permit the transfer
of water from the Missouri River Basin into Devils Lake: Provided
further, That, the Secretary of the Army, acting through the Chief
H. R. 4060—5
of Engineers, is directed to transfer remaining General Investiga-
tions funds previously appropriated for the Juniata River, Pennsyl-
vania, study and Mussers Dam, Pennsylvania, project to Construc-
tion, General for use in equal amounts at Broad Top/Coaldale,
Bedford County, Pennsylvania, and Mont Alto Borough, Franklin
County, Pennsylvania, which are part of the South Central Pennsyl-
vania Environment Improvement Program.
FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES, ARKANSAS,
ILLINOIS, KENTUCKY, LOUISIANA, MISSISSIPPI, MISSOURI, AND
TENNESSEE
For expenses necessary for prosecuting work of flood control,
and rescue work, repair, restoration, or maintenance of flood control
projects threatened or destroyed by flood, as authorized by law
(33 U.S.C. 702a, 702g–1), $321,149,000, to remain available until
expended.
OPERATION AND MAINTENANCE, GENERAL
For expenses necessary for the preservation, operation, mainte-
nance, and care of existing river and harbor, flood control, and
related works, including such sums as may be necessary for the
maintenance of harbor channels provided by a State, municipality
or other public agency, outside of harbor lines, and serving essential
needs of general commerce and navigation; surveys and charting
of northern and northwestern lakes and connecting waters; clearing
and straightening channels; and removal of obstructions to naviga-
tion, $1,653,252,000, to remain available until expended, of which
such sums as become available from the special account established
by the Land and Water Conservation Act of 1965, as amended
(16 U.S.C. 460l), may be derived from that account for construction,
operation, and maintenance of outdoor recreation facilities, and
of which $4,200,000 is provided for repair of Chickamauga Lock,
Tennessee: 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 acquiring land in
Jasper County, South Carolina, in connection with the Savannah
Harbor navigation project: Provided further, That the Secretary
of the Army, acting through the Chief of Engineers, is directed
to undertake authorized maintenance and repairs on the Allegheny
River, Pennsylvania, project, using $6,000,000 of funds provided
under this heading in Public Law 105–62 for extending the naviga-
tion channel on the Allegheny River, Pennsylvania, project to pro-
vide passenger boat access to the Kittanning, Pennsylvania, River-
front Park.
REGULATORY PROGRAM
For expenses necessary for administration of laws pertaining
to regulation of navigable waters and wetlands, $106,000,000, to
remain available until expended.
H. R. 4060—6
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary to clean up contaminated sites through-
out the United States where work was performed as part of the
Nation’s early atomic energy program, $140,000,000, to remain
available until expended: Provided, That the response actions by
the United States Army Corps of Engineers under this program
shall consist of the following functions and activities to be performed
at eligible sites where remediation has not been completed: sam-
pling and assessment of contaminated areas, characterization of
site conditions, determination of the nature and extent of contami-
nation, selection of the necessary and appropriate response actions
as the lead Federal agency, preparation of designation reports,
cleanup and closeout of sites, and any other functions determined
by the Chief of Engineers as necessary for remediation: Provided
further, That response actions by the United States Army Corps
of Engineers under this program shall be subject to the administra-
tive, procedural, and regulatory provisions of the Comprehensive
Environmental Response, Compensation and Liability Act (42
U.S.C. 9601 et seq.), and the National Oil and Hazardous Sub-
stances Pollution Contingency Plan, 40 CFR, Chapter 1, Part 300:
Provided further, That, except as stated herein, these provisions
do not alter, curtail or limit the authorities, functions or responsibil-
ities of other agencies under the Atomic Energy Act (42 U.S.C.
2011 et seq.): Provided further, That any sums recovered under
CERCLA for response actions, or recovered from a contractor,
insurer, surety, or other person to reimburse the United States
Army Corps of Engineers for any expenditures for response actions,
shall be credited to the account used to fund response actions
on eligible sites, and will be available for response action costs
for any eligible site: Provided further, That the Secretary of Energy
may exercise the authority of 42 U.S.C. 2208 to make payments
in lieu of taxes for federally-owned property where Formerly Uti-
lized Sites Remedial Action Program activities are conducted,
regardless of which Federal agency has acquired the property and
notwithstanding references to ‘‘the activities of the Commission’’
in 42 U.S.C. 2208: Provided further, That the unexpended balances
of prior appropriations provided for these activities in this Act
or any previous Energy and Water Development Appropriations
Act may be transferred to and merged with this appropriation
account, and thereafter, may be accounted for as one fund for
the same time period as originally enacted.
GENERAL EXPENSES
For expenses necessary for general administration and related
functions in the Office of the Chief of Engineers and offices of
the Division Engineers; activities of the Coastal Engineering
Research Board, the Humphreys Engineer Center Support Activity,
the Water Resources Support Center, and headquarters support
functions at the USACE Finance Center; $148,000,000, to remain
available until expended: Provided, That no part of any other appro-
priation 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.
H. R. 4060—7
REVOLVING FUND
Using amounts available in the Revolving Fund, the Secretary
of the Army is authorized to renovate office space in the General
Accounting Office (GAO) headquarters building in Washington,
D.C., for use by the Corps and GAO. The Secretary is authorized
to enter into a lease with GAO to occupy such renovated space
as appropriate, for the Corps’ headquarters. The Secretary shall
ensure that the Revolving Fund is appropriately reimbursed from
appropriations of the Corps’ benefitting programs by collection each
year of amounts sufficient to repay the capitalized cost of such
renovation and through rent reductions or rebates from GAO.
ADMINISTRATIVE PROVISION
Appropriations in this title shall be available for official recep-
tion and representation expenses (not to exceed $5,000); and during
the current fiscal year the Revolving Fund, Corps of Engineers,
shall be available for purchase (not to exceed 100 for replacement
only) and hire of passenger motor vehicles.
GENERAL PROVISIONS
CORPS OF ENGINEERS—CIVIL
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 reports accompanying this
Act under the Construction, General; Operation and Maintenance,
General; and Flood Control, Mississippi River and Tributaries,
appropriation accounts: Provided, That the Secretary of the Army,
acting through the Chief of Engineers, is directed to undertake
these projects using continuing contracts, as authorized in section
10 of the Rivers and Harbors Act of September 22, 1922 (33 U.S.C.
621).
SEC. 102. None of the funds made available in this Act may
be used to revise the Missouri River Master Water Control Manual
when it is made known to the Federal entity or official to which
the funds are made available that such revision provides for an
increase in the springtime water release program during the spring
heavy rainfall and snow melt period in States that have rivers
draining into the Missouri River below the Gavins Point Dam.
TITLE II
DEPARTMENT OF THE INTERIOR
CENTRAL UTAH PROJECT
CENTRAL UTAH PROJECT COMPLETION ACCOUNT
For carrying out activities authorized by the Central Utah
Project Completion Act, and for activities related to the Uintah
and Upalco Units authorized by 43 U.S.C. 620, $41,217,000, to
remain available until expended, of which $15,476,000 shall be
deposited into the Utah Reclamation Mitigation and Conservation
Account: Provided, That of the amounts deposited into that account,
$5,000,000 shall be considered the Federal contribution authorized
H. R. 4060—8
by paragraph 402(b)(2) of the Central Utah Project Completion
Act and $10,476,000 shall be available to the Utah Reclamation
Mitigation and Conservation Commission to carry out activities
authorized under that Act.
In addition, for necessary expenses incurred in carrying out
related responsibilities of the Secretary of the Interior, $1,283,000,
to remain available until expended.
BUREAU OF RECLAMATION
For carrying out the functions of the Bureau of Reclamation
as provided in the Federal reclamation laws (Act of June 17, 1902,
32 Stat. 388, and Acts amendatory thereof or supplementary there-
to) and other Acts applicable to that Bureau as follows:
WATER AND RELATED RESOURCES
(INCLUDING TRANSFER OF FUNDS)
For management, development, and restoration of water and
related natural resources and for related activities, including the
operation, maintenance and rehabilitation of reclamation and other
facilities, participation in fulfilling related Federal responsibilities
to Native Americans, and related grants to, and cooperative and
other agreements with, State and local governments, Indian Tribes,
and others, $642,845,000, to remain available until expended, of
which $2,800,000 shall be for construction of the Tooele Wastewater
Treatment and Reuse, Utah, project, and of which $1,873,000 shall
be available for transfer to the Upper Colorado River Basin Fund
and $45,990,000 shall be available for transfer to the Lower Colo-
rado River Basin Development Fund, and of which such amounts
as may be necessary may be advanced to the Colorado River Dam
Fund: Provided, That such transfers may be increased or decreased
within the overall appropriation under this heading: Provided fur-
ther, That of the total appropriated, the amount for program activi-
ties that can be financed by the Reclamation Fund or the Bureau
of Reclamation special fee account established by 16 U.S.C. 460l–
6a(i) shall be derived from that Fund or account: Provided further,
That funds contributed under 43 U.S.C. 395 are available until
expended for the purposes for which contributed: Provided further,
That funds advanced under 43 U.S.C. 397a shall be credited to
this account and are available until expended for the same purposes
as the sums appropriated under this heading: Provided further,
That of the total appropriated, $25,800,000 shall be derived by
transfer of unexpended balances from the Bureau of Reclamation
Working Capital Fund: Provided further, That funds available for
expenditure for the Departmental Irrigation Drainage Program may
be expended by the Bureau of Reclamation for site remediation
on a non-reimbursable basis: Provided further, That the amount
authorized for Indian municipal, rural, and industrial water fea-
tures by section 10 of Public Law 89–108, as amended by section
8 of Public Law 99–294 and section 1701(b) of Public Law 102–
575, is increased by $2,000,000 (October 1997 prices): Provided
further, That the Secretary of the Interior is directed to use, not
to exceed, $3,600,000 of funds appropriated herein as the Bureau
of Reclamation share for completion of the McCall Area Wastewater
Reclamation and Reuse, Idaho, project authorized in Public Law
105–62 and described in PN–FONSI–96–05.