In the Senate of the United States,
July 28, 1997.
Resolved, That the bill from the House of Representa-
tives (H.R. 2203) entitled ‘‘An Act making appropriations for
energy and water development for the fiscal year ending Sep-
tember 30, 1998, and for other purposes.’’, do pass with the
following
AMENDMENT:
Strike out all after the enacting clause and insert:
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 1998, 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 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,
$164,065,000, to remain available until expended, of which
funds are provided for the following projects in the amounts
specified:
Norco Bluffs, California, $200,000;
Laulaulei, Hawaii, $200,000;
Tahoe Basin Study, Nevada and California,
$320,000; and
Barnegat Inlet to Little Egg Harbor Inlet, New
Jersey, $400,000: Provided, That the Secretary of the
Army, acting through the Chief of Engineers, may use
$200,000 of funding appropriated herein to initiate
preconstruction engineering and design for the Dela-
ware Coast from Cape Henlopen to Fenwick Island,
Delaware project.
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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),
$1,284,266,000, to remain available until expended, 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 rehabili-
tation of inland waterways projects, including rehabilita-
tion costs for the Lock and Dam 25, Mississippi River, Illi-
nois 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, Min-
nesota, projects, and of which funds are provided for the
following projects in the amounts specified:
Arkansas 
River, 
Tucker 
Creek, 
Arkansas,
$300,000;
Red River Emergency Bank Protection, Arkan-
sas, $3,500,000;
Panama City Beaches, Florida, $5,000,000;
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Harlan (Levisa and Tug Forks of the Big Sandy
River and Upper Cumberland River), Kentucky,
$18,000,000;
Martin County (Levisa and Tug Forks of the
Big Sandy River and Upper Cumberland River),
Kentucky, $5,500,000;
Middlesboro (Levisa and Tug Forks of the Big
Sandy River and Upper Cumberland River), Ken-
tucky, $7,200,000;
Pike County (Levisa and Tug Forks of the Big
Sandy River and Upper Cumberland River), Ken-
tucky, $5,800,000;
Town of Martin (Levisa and Tug Forks of the
Big Sandy River and Upper Cumberland River),
Kentucky, $700,000;
Williamsburg (Levisa and Tug Forks of the Big
Sandy River and Upper Cumberland River), Ken-
tucky, $4,690,000;
Lake Ponchartrain Stormwater Discharge, Lou-
isiana, $3,000,000;
Natchez Bluff, Mississippi, $4,000,000;
Jackson County, Mississippi (Water Supply),
$3,000,000;
Pearl 
River, 
Mississippi 
(Walkiah 
Bluff),
$2,000,000;
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Wallisville Lake, Texas, $10,000,000;
Virginia 
Beach, 
Virginia 
(Reimbursement),
$925,000;
Virginia Beach, Virginia (Hurricane Protec-
tion), $15,000,000;
Hatfield Bottom (Levisa and Tug Forks of the
Big Sandy River and Upper Cumberland River),
West Virginia, $1,000,000;
Lower Mingo (Kermit) (Levisa and Tug Forks of
the Big Sandy River and Upper Cumberland River),
West Virginia, $6,300,000;
Lower Mingo, West Virginia, Tributaries Sup-
plement, $150,000;
Upper Mingo County (Levisa and Tug Forks of
the Big Sandy River and Upper Cumberland River),
West Virginia, $3,000,000;
Levisa Basin Flood Warning System (Levisa
and Tug Forks of the Big Sandy River and Upper
Cumberland River), Kentucky, $400,000;
Tug Fork Basin Flood Warning System (Levisa
and Tug Forks of the Big Sandy River and Upper
Cumberland River), West Virginia, $400,000; and
Wayne County (Levisa and Tug Forks of the Big
Sandy River and Upper Cumberland River), West
Virginia, $1,200,000:
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Provided further, That the Secretary of the Army is directed
to design and implement at full Federal expense an early
flood warning system for the Tug Fork and Levisa Basins,
West Virginia and Kentucky, within eighteen months of the
date of enactment of this Act: Provided further, That the
Secretary of the Army, acting through the Chief of Engi-
neers, is directed to combine the Wilmington Harbor-North-
east Cape Fear River authorized by the Water Resource De-
velopment Act of 1986, section 202(a), the Wilmington Har-
bor Channel Widening authorized by the Water Resources
Development Act of 1986, section 101(a)(23), and the Cape
Fear-Northeast (Cape Fear) River authorized by the Water
Resource Development Act of 1996, section 101(a)(22),
North Carolina projects into one project with one project
cooperation agreement based on cost sharing as a single
project and that with $2,430,000 of the funds appropriated
herein, is directed to continue design and initiate construc-
tion of the combined project: Provided further, That the Sec-
retary of the Army, acting through the Chief of Engineers,
is directed to use $15,000,000 of the funds appropriated
herein to initiate construction of the Houston-Galveston
Navigation Channels, Texas, project and execute a Project
Cooperation Agreement for the entire project authorized in
the Water Resources Development Act of 1996, Public law
104–303: Provided further, That the Assistant Secretary of
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the Army for Civil Works shall consider the recommenda-
tions of the Special Reevaluation Report for the McCook
Reservoir as developed by the Corps of Engineers Chicago
District: 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 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)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(D)(i)); except that funds shall not become avail-
able unless the Secretary of the Army determines that an
emergency (as defined in section 102 of the Robert T. Staf-
ford 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.):
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-
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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-
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.
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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),
$289,000,000, to remain available until expended: Pro-
vided, That notwithstanding the funding limitations set
forth in Public Law 104–6 (109 Stat. 85), the Secretary
of the Army, acting through the Chief of Engineers, is au-
thorized and directed to use additional funds appropriated
herein or previously appropriated to complete remedial
measures to prevent slope instability at Hickman Bluff,
Kentucky.
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, $1,661,203,000, to remain available until expended,
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of which such sums as become available 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 con-
struction, operation, and maintenance of outdoor recreation
facilities, and of which funds are provided for the following
projects in the amounts specified:
Beverly Shores, Indiana, $1,700,000:
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 the Secretary of the Army, acting through the
Chief of Engineers, is authorized and directed to dredge a
navigational channel in the Chena River at Fairbanks,
Alaska from its confluence with the Tanana River upstream
to the University Road Bridge that will allow the safe pas-
sage during normal water levels of vessels up to 350 feet
in length, 60 feet in width, and drafting up to 3 feet.
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.
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FLOOD CONTROL AND COASTAL EMERGENCIES
For expenses necessary for emergency flood control,
hurricane, and shore protection activities, as authorized by
section 5 of the Flood Control Act approved August 18,
1941, as amended, $10,000,000, to remain available until
expended: Provided, That, using funds appropriated in this
Act, the Secretary of the Army may construct the Ten and
Fifteen Mile Bayou channel enlargement as an integral
part of the work accomplished on the St. Francis Basis,
Arkansas and Missouri Project, authorized by the Flood
Control Act of 1950.
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 Engineering Strategic Studies
Center, the Water Resources Support Center, the USACE
Finance Center and for costs of implementing the Secretary
of the Army’s plan to reduce the number of division offices
as directed in title I, Public Law 104–46, $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 manage-
ment activities of the Division Offices.
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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 the benefitting
appropriations by collection each year of user fees sufficient
to repay the capitalized cost of the asset and to operate and
maintain the asset.
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. (a) In fiscal year 1998, the Secretary of the
Army shall advertise for competitive bid at least 8,500,000
cubic yards of the hopper dredge volume accomplished with
government owned dredges in fiscal year 1992.
(b) Notwithstanding the provisions of this section, the
Secretary is authorized to use the dredge fleet of the Corps
of Engineers to undertake projects when industry does not
perform as required by the contract specifications or when
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the bids are more than 25 percent in excess of what the
Secretary determines to be a fair and reasonable estimated
cost of a well equipped contractor doing the work or to re-
spond to emergency requirements.
SEC. 102. In fiscal year 1998 and thereafter, the Sec-
retary of the Army is authorized and directed to provide
planning, design and construction assistance to non-Fed-
eral interests in carrying out water related environmental
infrastructure and environmental resources development
projects, including assistance for wastewater treatment and
related facilities; water supply, storage, treatment and dis-
tribution facilities; and development, restoration or im-
provement of wetlands and other aquatic areas for the pur-
pose of protection or development of surface water resources:
Provided, That the non-Federal interest shall enter into a
binding agreement with the Secretary wherein the non-Fed-
eral interest will provide all lands, easements, rights-of-
way, relocations, and dredge material disposal areas re-
quired for the project, and pay 50 per centum of the costs
of required feasibility studies, 25 per centum of the costs
of designing and constructing the project, and 100 per cen-
tum of the costs of operation, maintenance, repair, replace-
ment or rehabilitation of the project: Provided further, That
the value of lands, easements, rights-of-way, relocations and
dredged material disposal areas provided by the non-Fed-
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eral interest shall be credited toward the non-Federal share,
not to exceed 25 per centum, of the costs of dredging and
constructing the project: Provided further, That hereafter
the Federal share of the costs of each of the individual
projects undertaken shall not exceed $5,000,000: Provided
further, That utilizing $10,000,000 of the funds appro-
priated herein, the Secretary is directed to carry out this
section.
SEC. 103. GREEN BROOK SUB-BASIN FLOOD CONTROL
PROJECT, NEW JERSEY.—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 any plan for,
or otherwise construct, the Oak Way detention structure or
the Sky Top detention structure in Berkeley Heights, New
Jersey, as part of the project for flood control, Green Brook
Sub-basin, Raritan River Basin, New Jersey, authorized by
section 401(a) of the Water Resources Development Act of
1986 (Public Law 99–662; 100 Stat. 4119).
SEC. 104. GREAT LAKES BASIN.—No funds made
available under this Act may be used by the Secretary of
the Army to consider any application for a permit that,
if granted, would result in the diversion of ground water
from the Great Lakes Basin.
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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, Public Law 102–575 (106
Stat. 4605), and for activities related to the Uintah and
Upalco Units authorized by 43 U.S.C. 620, $40,353,000,
to remain available until expended, of which $16,610,000
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 by paragraph 402(b)(2)
of the Central Utah Project Completion Act and
$11,610,000 shall be available to the Utah Reclamation
Mitigation and Conservation Commission to carry out ac-
tivities authorized under that Act.
In addition, for necessary expenses incurred in carry-
ing out responsibilities of the Secretary of the Interior
under that Act, $800,000, to remain available until ex-
pended.
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 there-
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of or supplementary thereto) 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 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, 
to 
remain 
available 
until 
expended,
$688,379,000, of which $18,758,000 shall be available for
transfer to the Upper Colorado River Basin Fund and
$55,920,000 shall be available for transfer to the Lower Col-
orado River Basin Development Fund, and of which such
amounts as may be necessary may be advanced to the Colo-
rado River Dam Fund: Provided, That such transfers may
be increased or decreased within the overall appropriation
under this heading: Provided further, That of the total ap-
propriated, the amount for program activities that can be
financed by the Reclamation Fund or the Bureau of Rec-
lamation 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 contrib-
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uted: Provided further, That funds advanced under 43
U.S.C. 397a shall be credited to this account and are avail-
able until expended for the same purposes as the sums ap-
propriated under this heading: Provided further, That
using $500,000 of funds appropriated herein, the Secretary
of the Interior shall undertake a non-reimbursable project
to install drains in the Pena Blanca area of New Mexico
to prevent seepage from Cochiti Dam: Provided further,
That funds available for expenditure for the Departmental
Irrigation Drainage Program may be expended by the Bu-
reau of Reclamation for site remediation on a nonreimburs-
able basis: Provided further, That 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 further amended
by striking ‘‘$61,000,000’’ and inserting in lieu thereof
‘‘$62,300,000’’: Provided further, That the unexpended bal-
ances of the Bureau of Reclamation appropriation accounts
for ‘‘Construction Program (Including Transfer of Funds)’’,
‘‘General Investigations’’, ‘‘Emergency Fund’’, and ‘‘Oper-
ation and Maintenance’’ shall be transferred to and merged
with this account, to be available for the purposes for which
they originally were appropriated: Provided further, That
the Secretary of the Interior may use $80,000 of funding
appropriated herein to complete the feasibility study of al-
ternatives for meeting the drinking water needs on the
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Cheyenne River Sioux Reservation and surrounding com-
munities in South Dakota: Provided further, That the Sec-
retary of the Interior may use $2,500,000 of funds appro-
priated herein to initiate construction of the McCall Area
Wastewater Reclamation and Reuse, Idaho project: Pro-
vided further, That the Secretary of the Interior may use
$300,000 of funding appropriated herein to undertake fea-
sibility planning studies and other activities for the Ute
Reservoir Pipeline (Quay County portion), New Mexico
project: Provided further, That the Secretary of the Interior
may use $185,000 of the funding appropriated herein for
a feasibility study of alternatives for the Crow Creek Rural
Water Supply System to meet the drinking water needs on
the Crow Creek Sioux Indian Reservation.
BUREAU OF RECLAMATION LOAN PROGRAM ACCOUNT
For the cost of direct loans and/or grants, $10,000,000,
to remain available until expended, as authorized 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 de-
fined in section 502 of the Congressional Budget Act of
1974: Provided further, That these funds are available to
subsidize gross obligations for the principal amount of di-
rect loans not to exceed $31,000,000.
In addition, for administrative expenses necessary to
carry out the program for direct loans and/or grants, to
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remain available until expended, $425,000: Provided, That
of the total sums appropriated, the amount of program ac-
tivities that can be financed by the Reclamation Fund shall
be derived from that Fund.
CALIFORNIA BAY-DELTA ECOSYSTEM RESTORATION
For necessary expenses of the Department of the Inte-
rior and other participating Federal agencies in carrying
out the California Bay-Delta Environmental Enhancement
and Water Security Act consistent with plans to be ap-
proved by the Secretary of the Interior, in consultation with
such Federal agencies, $50,000,000, to remain available
until expended, of which such amounts as may be necessary
to conform with such plans shall be transferred to appro-
priate 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: Pro-
vided further, That such funds may be obligated prior to
the completion of a final programmatic environmental im-
pact statement only if (1) consistent with 40 C.F.R.
1506.1(c), and (2) used for purposes that the Secretary finds
are of sufficiently high priority to warrant such an expend-
iture.
CENTRAL VALLEY PROJECT RESTORATION FUND
For carrying out the programs, projects, plans, and
habitat restoration, improvement, and acquisition provi-
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sions of the Central Valley Project Improvement Act, such
sums as may be collected in the Central Valley Project Res-
toration Fund pursuant 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 Rec-
lamation is directed to levy additional mitigation and res-
toration payments totaling $25,130,000 (October 1992 price
levels) on a three-year rolling average basis, as authorized
by section 3407(d) of Public Law 102–575.
POLICY AND ADMINISTRATION
For necessary expenses of policy, administration and
related functions in the office of the Commissioner, the Den-
ver office, and offices in the five regions of the Bureau of
Reclamation, 
to 
remain 
available 
until 
expended,
$47,558,000, 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.
SPECIAL FUNDS
(TRANSFER OF FUNDS)
Sums herein referred to as being derived from the rec-
lamation fund or special fee account are appropriated from
the special funds in the Treasury created by the Act of June
17, 1902 (43 U.S.C. 391) or the Act of December 22, 1987
(16 U.S.C. 460l–6a, as amended), respectively. Such sums
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shall be transferred, upon request of the Secretary, to be
merged with and expended under the heads herein specified.
ADMINISTRATIVE PROVISION
Appropriations for the Bureau of Reclamation shall
be available for purchase of not to exceed 6 passenger motor
vehicles for replacement only.
TITLE III
DEPARTMENT OF ENERGY
NON-DEFENSE PROGRAMS
ENERGY RESEARCH
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 research in carrying out the purposes of the De-
partment of Energy Organization Act (42 U.S.C. 7101, et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition,
construction, or expansion; purchase of passenger motor ve-
hicles (not to exceed 13 for replacement only), $953,915,000,
to remain available until expended; and, in addition,
$13,025,000 for energy assets acquisition, to remain avail-
able until expended: Provided, That $1,500,000 of the funds
appropriated herein may be used to continue the cost-
shared, fish-friendly turbine program.
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ENVIRONMENTAL MANAGEMENT
(NONDEFENSE)
For Department of Energy expenses, including the
purchase, construction and acquisition of plant and capital
equipment and other expenses necessary for nondefense en-
vironmental 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,
$664,684,000, to remain available until expended: Pro-
vided, That from funds available herein, the Department
of Energy will assess the cost of decommissioning the South-
west Experimental Fast Oxide Reactor site.
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 Atom-
ic Energy Act of 1954 and title X, subtitle A of the Energy
Policy Act of 1992, $230,000,000, to be derived from the
Fund, to remain available until expended.
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 ex-
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pansion, $160,000,000, to remain available until expended,
to be derived from the Nuclear Waste Fund; of which
$4,000,000 shall be available to the Nuclear Regulatory
Commission to license a multi-purpose cannister design;
and of which not to exceed $1,500,000 may be provided to
the State of Nevada, solely to conduct scientific oversight
responsibilities pursuant to the Nuclear Waste Policy Act
of 1982, (Public Law 97–425), as amended; and of which
not to exceed $6,175,000 may be provided to affected local
governments, as defined in Public Law 97–425, to conduct
appropriate activities pursuant to the Act: Provided fur-
ther, That the distribution of the funds to the units of local
government shall be determined by the Department of En-
ergy: Provided further, That the funds shall be made avail-
able to the State and units of local government by direct
payment: Provided further, That within ninety days of the
completion of each Federal fiscal year, each State or local
entity shall provide certification to the Department of En-
ergy, that all funds expended from such payments have been
expended for activities as defined in Public Law 97–425.
Failure to provide such certification shall cause such entity
to be prohibited from any further funding provided for
similar activities: Provided further, That none of the funds
herein appropriated may be: (1) used directly or indirectly
to influence legislative action on any matter pending before
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Congress or a State legislature or for lobbying activity as
provided in 18 U.S.C. 1913; (2) used for litigation expenses;
or (3) used to support multistate efforts or other coalition
building activities inconsistent with the restrictions con-
tained in this Act.
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 general science and research 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 facility or for plant or
facility acquisition, construction, or expansion; and the
purchase of 5 passenger motor vehicles for replacement only,
$2,084,567,000, to remain available until expended; and,
in addition, $138,510,000 science assets acquisition, to re-
main available until expended.
DEPARTMENTAL ADMINISTRATION
For salaries and expenses of the Department of Energy
necessary for Departmental Administration in carrying out
the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101, et seq.), including the hire of passenger
motor vehicles and official reception and representation ex-
penses (not to exceed $35,000), $220,847,000, to remain
available until expended, plus such additional amounts as
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necessary to cover increases in the estimated amount of cost
of work for others notwithstanding 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 avail-
able until expended: Provided further, That moneys received
by the Department for miscellaneous revenues estimated to
total $131,330,000 in fiscal year 1998 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 miscellane-
ous revenues received during fiscal year 1998 so as to result
in a final fiscal year 1998 appropriation from the General
Fund estimated at not more than $89,517,000.
OFFICE OF THE INSPECTOR GENERAL
For necessary expenses of the Office of the Inspector
General in carrying out the provisions of the Inspector Gen-
eral Act of 1978, as amended, $27,500,000, to remain avail-
able until expended.
ATOMIC ENERGY DEFENSE ACTIVITIES
WEAPONS ACTIVITIES
For Department of Energy expenses, including the
purchase, construction and acquisition of plant and capital
equipment and other expenses necessary for atomic energy
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defense weapons activities in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C.
7101, et seq.), including the acquisition or condemnation
of any real property or any facility or for plant or facility
acquisition, construction, or expansion; and the purchase
of passenger motor vehicles (not to exceed 70 for replacement
only), $4,302,450,000, to remain available until expended,
of which $2,000,000 is provided for improvements to Green-
ville Road in Livermore, California: Provided, That fund-
ing for any ballistic missile defense program undertaken
by the Department of Energy for the Department of Defense
shall be provided by the Department of Defense according
to procedures established for Work for Others by the Depart-
ment of Energy.
DEFENSE ENVIRONMENTAL RESTORATION AND WASTE
MANAGEMENT
For Department of Energy expenses, including the
purchase, construction and acquisition of plant and capital
equipment and other expenses necessary for atomic energy
defense environmental restoration and waste management
activities 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 passenger
motor vehicles (not to exceed 6 for replacement only),
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POWER MARKETING ADMINISTRATIONS
OPERATION AND MAINTENANCE, ALASKA POWER
ADMINISTRATION
For necessary expenses of operation and maintenance
of projects in Alaska and of marketing electric power and
energy, $3,500,000, to remain available until expended;
and, in addition, $20,000,000 for capital assets acquisition,
to remain available until expended.
BONNEVILLE POWER ADMINISTRATION FUND
Expenditures from the Bonneville Power Administra-
tion Fund, established pursuant to Public Law 93–454, are
approved for the anadromous fish supplementation facili-
ties in the Yakima River Basin, Methow River Basin and
Upper Snake River Basin, for the Billy Shaw Reservoir
resident fish substitution project, and for the resident trout
fish culture facility in southeast Idaho; and for official re-
ception and representation expenses in an amount not to
exceed $3,000.
During fiscal year 1998, no new direct loan obliga-
tions may be made.
OPERATION AND MAINTENANCE, SOUTHEASTERN POWER
ADMINISTRATION
For necessary expenses of operation and maintenance
of power transmission facilities and of marketing electric
power and energy pursuant to the provisions of section 5
of the Flood Control Act of 1944 (16 U.S.C. 825s), as ap-
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plied to the southeastern power area, $12,222,000, to re-
main available until expended; in addition, notwithstand-
ing 31 U.S.C. 3302, not to exceed $20,000,000 in reimburse-
ments for transmission wheeling and ancillary services, to
remain 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, $26,500,000, to remain
available until expended; in addition, notwithstanding the
provisions of 31 U.S.C. 3302, not to exceed $4,650,000 in
reimbursements, to remain available until expended.
CONSTRUCTION, REHABILITATION, OPERATION AND
MAINTENANCE, WESTERN AREA POWER ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
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.
7101, et seq.), and other related activities including con-
servation and renewable resources programs as authorized,
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including the replacement of not more than 2 helicopters
through transfers, exchange, or sale, and official reception
and representation expenses in an amount not to exceed
$1,500, $180,334,000, to remain available until expended,
of which $174,935,000 shall be derived from the Department
of the Interior Reclamation Fund: Provided, That of the
amount herein appropriated, $5,592,000 is for deposit into
the Utah Reclamation Mitigation and Conservation Ac-
count pursuant to title IV of the Reclamation Projects Au-
thorization and Adjustment Act of 1992: Provided further,
That the Secretary of the Treasury is authorized to transfer
from the Colorado River Dam Fund to the Western Area
Power Administration $5,592,000 to carry out the power
marketing and transmission activities of the Boulder Can-
yon project as provided in section 104(a)(4) of the Hoover
Power Plant Act of 1984, to remain available until ex-
pended.
FALCON AND AMISTAD OPERATING AND MAINTENANCE
FUND
For operation, maintenance, and emergency costs for
the hydroelectric facilities at the Falcon and Amistad
Dams, $1,065,000, to remain available until expended, and
to be derived from the Falcon and Amistad Operating and
Maintenance Fund of the Western Area Power Administra-
tion, as provided in section 423 of the Foreign Relations
Authorization Act, fiscal years 1994 and 1995.
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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),
$162,141,000, to remain available until expended: Pro-
vided, That notwithstanding any other provision of law, not
to exceed $162,141,000 of revenues from fees and annual
charges, and other services and collections in fiscal year
1998 shall be retained and used for necessary expenses in
this account, and shall remain available until expended:
Provided further, That the sum herein appropriated from
the General Fund shall be reduced as revenues are received
during fiscal year 1998 so as to result in a final fiscal year
1998 appropriation from the General Fund estimated at
not more than $0.
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,
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and for necessary expenses for the Federal Co-Chairman
and the alternate on the Appalachian Regional Commission
and for payment of the Federal share of the administrative
expenses of the Commission, including services as author-
ized by 5 U.S.C. 3109, and hire of passenger motor vehicles,
$160,000,000, to remain available until expended.
DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SALARIES AND EXPENSES
For necessary expenses of the Defense Nuclear Facili-
ties Safety Board in carrying out activities authorized by
the Atomic Energy Act of 1954, as amended by Public Law
100–456, section 1441, $17,500,000, to remain available
until expended.
NUCLEAR REGULATORY COMMISSION
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Commission in carrying
out the purposes of the Energy Reorganization Act of 1974,
as amended, and the Atomic Energy Act of 1954, as amend-
ed, including the employment of aliens; services authorized
by 5 U.S.C. 3109; publication and dissemination of atomic
information; purchase, repair, and cleaning of uniforms; of-
ficial representation expenses (not to exceed $20,000); reim-
bursements to the General Services Administration for secu-
rity guard services; hire of passenger motor vehicles and
aircraft, $476,500,000, to remain available until expended:
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Provided, That of the amount appropriated herein,
$17,000,000 shall be derived from the Nuclear Waste Fund:
Provided further, That from this appropriation, transfer of
sums may be made to other agencies of the Government for
the performance of the work for which this appropriation
is made, and in such cases the sums so transferred may
be merged with the appropriation to which transferred: Pro-
vided further, That moneys received by the Commission for
the cooperative nuclear safety research program, services
rendered to State governments, foreign governments and
international organizations, and the material and informa-
tion access authorization programs, including criminal his-
tory checks under section 149 of the Atomic Energy Act may
be retained and used for salaries and expenses associated
with those activities, notwithstanding 31 U.S.C. 3302, and
shall remain available until expended: Provided further,
That revenues from licensing fees, inspection services, and
other services and collections estimated at $457,500,000 in
fiscal year 1998 shall be retained and used for necessary
salaries and expenses in this account, notwithstanding 31
U.S.C. 3302, and shall remain available until expended:
Provided further, That the funds herein appropriated for
regulatory reviews and other assistance provided to the De-
partment of Energy and other Federal agencies shall be ex-
cluded from license fee revenues, notwithstanding 42 U.S.C.
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2214: Provided further, That the sum herein appropriated
shall be reduced by the amount of revenues received during
fiscal year 1998 from licensing fees, inspection services and
other services and collections, excluding those moneys re-
ceived for the cooperative nuclear safety research program,
services rendered to State governments, foreign governments
and international organizations, and the material and in-
formation access authorization programs, so as to result in
a final fiscal year 1997 appropriation estimated at not
more than $19,000,000.
OFFICE OF INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Office of Inspector Gen-
eral in carrying out the provisions of the Inspector General
Act of 1978, as amended, including services authorized by
5 U.S.C. 3109, $4,800,000, to remain available until ex-
pended; and in addition, an amount not to exceed 5 percent
of this sum may be transferred from Salaries and Expenses,
Nuclear Regulatory Commission: Provided, That notice of
such transfers shall be given to the Committees on Appro-
priations of the House and Senate: Provided further, That
from this appropriation, transfers of sums may be made
to other agencies of the Government for the performance of
the work for which this appropriation is made, and in such
cases the sums so transferred may be merged with the ap-
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propriation to which transferred: Provided further, That
revenues from licensing fees, inspection services, and other
services and collections shall be retained and used for nec-
essary salaries and expenses in this account, notwithstand-
ing 31 U.S.C. 3302, and shall remain available until ex-
pended: Provided further, That the sum herein appro-
priated shall be reduced by the amount of revenues received
during fiscal year 1998 from licensing fees, inspection serv-
ices, and other services and collections, so as to result in
a final fiscal year 1998 appropriation estimated at not
more than $0.
NUCLEAR WASTE TECHNICAL REVIEW BOARD
SALARIES AND EXPENSES
For necessary expenses of the Nuclear Waste Technical
Review Board, as authorized by Public Law 100–203, sec-
tion 5051, $3,200,000, to be derived from the Nuclear Waste
Fund, and to remain available until expended.
TENNESSEE VALLEY AUTHORITY
For the purpose of carrying out the provisions of the
Tennessee Valley Authority Act of 1933, as amended (16
U.S.C. ch. 12A), including hire, maintenance, and oper-
ation of aircraft, and purchase and hire of passenger motor
vehicles, $86,000,000, to remain available until expended:
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TITLE V
GENERAL PROVISIONS
SEC. 501. (a) PURCHASE OF AMERICAN-MADE EQUIP-
MENT AND PRODUCTS.—It is the sense of the Congress that,
to the greatest extent practicable, all equipment and prod-
ucts 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 entity
using funds made available in this Act, the head of each
Federal agency, to the greatest extent practicable, shall pro-
vide to such entity a notice describing the statement 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 agen-
cy that any person intentionally affixed a label bearing 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 contract or sub-
contract made with funds made available in this Act, pur-
suant to the debarment, suspension, and ineligibility proce-
dures described in sections 9.400 through 9.409 of title 48,
Code of Federal Regulations.
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SEC. 502. Section 1621 of title XVI of the Reclamation
Wastewater and Groundwater Act, Public Law 104–266, is
amended by—
(1) striking ‘‘Study’’ in the section title, and in-
serting ‘‘Project’’;
(2) inserting in subsection (a) ‘‘planning, design,
and construction of the’’ following ‘‘to participate in
the’’; and
(3) inserting in subsection (a) ‘‘and nonpotable
surface water’’ following ‘‘impaired ground water’’.
SEC. 503. Section 1208(a)(2) of the Yavapai-Prescott
Indian Treaty Settlement Act of 1994 (Public Law 103–
434) is amended by striking ‘‘$4,000,000 for construction’’
and inserting in lieu thereof ‘‘$13,000,000, at 1997 prices,
for construction plus or minus such amounts as may be
justified by reason of ordinary fluctuations of applicable
cost indexes’’.
SEC. 504. (a) The State of West Virginia shall receive
credit towards its required contribution under Contract No.
DACW59–C–0071 for the cost of recreational facilities to
be constructed by a joint venture of the State in cooperation
with private interests for recreation development at Stone-
wall Jackson Lake, West Virginia, except that the State
shall receive no credit for costs associated with golf course
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development and the amount of the credit may not exceed
the amount owed by the State under the Contract.
(b) The Corps of Engineers shall revise both the 1977
recreation cost-sharing agreement and the Park and Recre-
ation Lease dated October 2, 1995 to remove the require-
ment that such recreation facilities are to be owned by the
Government at the time of their completion as contained
in Article 2–06 of the cost-sharing agreement and Article
36 of the lease.
(c) Nothing in this section shall reduce the amount of
funds owed the United States Government pursuant to the
1977 recreation cost-sharing agreement.
SEC. 505. (a) IN GENERAL.—For fiscal year 1998 and
each fiscal year thereafter, appropriations, made for the Bu-
reau of Reclamation may be used by the Secretaries of the
Interior for the purpose of entering into cooperative agree-
ments with willing private landowners for restoration and
enhancement of fish, wildlife, and other resources on public
or private land or both that benefit the water and lands
within a watershed that contains a Bureau of Reclamation
project.
(b) DIRECT
AND
INDIRECT
WATERSHED
AGREE-
MENTS.—The Secretary of the Interior may enter into a
watershed restoration and enhancement agreement—
(1) directly with a willing private landowner, or
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(2) indirectly through an agreement with a
State, local, or tribal government or other public en-
tity, educational institution, or private nonprofit or-
ganization.
(c) TERMS AND CONDITIONS.—In order for the Sec-
retary to enter into a watershed restoration and enhance-
ment agreement—
(1) the agreement shall—
(A) include such terms and conditions mu-
tually agreed to by the Secretary and the land-
owner;
(B) improve the viability of and otherwise
benefit the fish, wildlife, and other resources on,
in the watershed;
(C) authorize the provision of technical as-
sistance by the Secretary in the planning of ac-
tivities that will further the purposes of the
agreement;
(D) provide for the sharing of costs of im-
plementing the agreement among the Federal
Government, the landowner, and other entities,
as mutually agreed on by the affected interests;
and
(E) ensure that any expenditures by the
Secretary pursuant to the agreement is deter-
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mined by the Secretary to be in the public inter-
est; and
(2) the Secretary may require such other terms
and conditions as are necessary to protect the public
investment on private lands: Provided, That such
terms and conditions are mutually agreed to by the
Secretary and the landowner.
This Act may be cited as the ‘‘Energy and Water De-
velopment Appropriations Act, 1998’’.
Attest:
Secretary.
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