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Minister of the Russian Federation and between the United
States Secretary of Energy and the Minister of Atomic En-
ergy of the Russian Federation.
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 ex-
pansion, $185,000,000, to remain available until expended.
POWER MARKETING ADMINISTRATIONS
OPERATION AND MAINTENANCE, ALASKA POWER
ADMINISTRATION
For capital assets acquisition, $5,000,000, 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 official reception and representation expenses
in an amount not to exceed $3,000.
During fiscal year 1999, no new direct loan obliga-
tions may be made.
OPERATION AND MAINTENANCE, SOUTHEASTERN POWER
ADMINISTRATION
For necessary expenses of operation and maintenance
of power transmission facilities and of marketing electric
power and energy pursuant to the provisions of section 5
of the Flood Control Act of 1944 (16 U.S.C. 825s), as ap-
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plied to the southeastern power area, $8,500,000, to remain
available until expended; in addition, notwithstanding 31
U.S.C. 3302, not to exceed $28,000,000 in reimbursements
of which $20,000,000 is for transmission wheeling and an-
cillary services and $8,000,000 is for power purchases at
the Richard B. Russell Project, 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, $26,000,000, to remain
available until expended; in addition, notwithstanding 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 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.
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7152), and other related activities including conservation
and renewable resources programs as authorized, including
official reception and representation expenses in an amount
not to exceed $1,500, $215,435,000, to remain available
until expended, of which $206,222,000 shall be derived from
the Department of the Interior Reclamation Fund: Pro-
vided, That of the amount herein appropriated, $5,036,000
is for deposit into the Utah Reclamation Mitigation and
Conservation Account pursuant to title IV of the Reclama-
tion 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, $1,010,000, 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.
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
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and representation expenses (not to exceed $3,000),
$168,898,000, to remain available until expended: Pro-
vided, That notwithstanding any other provision of law, not
to exceed $168,898,000 of revenues from fees and annual
charges, and other services and collections in fiscal year
1999 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 1999 so as to result in a final fiscal year
1999 appropriation from the General Fund estimated at
not more than $0.
GENERAL PROVISIONS
DEPARTMENT OF ENERGY
SEC. 301. (a) None of the funds appropriated by this
Act or any prior appropriations Act may be used to award
a management and operating contract unless such contract
is awarded using competitive procedures or the Secretary
of Energy grants, on a case-by-case basis, a waiver to allow
for such a deviation. The Secretary may not delegate 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 Sub-
committees on Energy and Water Development of the Com-
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mittees on Appropriations of the House of Representatives
and the Senate a report notifying the subcommittees 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.
(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 Sub-
committees on Energy and Water Development of the Com-
mittees on Appropriations of the House of Representatives
and the Senate a report notifying the subcommittees 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 restructur-
ing plan that covers employees of the Department of
Energy; or
(2) provide enhanced severance payments or
other benefits for employees of the Department of En-
ergy;
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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 $40,000,000 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).
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. None of the funds appropriated by this Act
or any prior appropriations Act may be used to decrease
the concentration of radioactive contamination in waste so
that such waste complies with the waste acceptance criteria
for the Waste Isolation Pilot Plant.
SEC. 307. CHANGE OF NAME OF THE OFFICE OF EN-
ERGY RESEARCH. (a) IN GENERAL.—Section 209 of the De-
partment of Energy Organization Act (42 U.S.C. 7139) is
amended—
(1) in the section heading, by striking ‘‘ENERGY
RESEARCH’’ and inserting ‘‘SCIENCE RESEARCH’’; and
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(F) Section 2203(b)(3)(A)(i) of the Energy
Policy 
Act 
of 
1992 
(42 
U.S.C.
13503(b)(3)(A)(i)).
SEC. 308. MAINTENANCE OF SECURITY AT DOE URA-
NIUM ENRICHMENT PLANTS.—Section 3107(h) of the USEC
Privatization Act (42 U.S.C. 2297h–5(h)) is amended in
paragraph (1), by striking ‘‘an adequate number of’’ and
inserting ‘‘all’’; and by inserting the following paragraph:
‘‘(2) FUNDING.—The Secretary of Energy shall reim-
burse a contractor or subcontractor for the costs of provid-
ing security to a gaseous diffusion plant as required to com-
ply with the guidelines referred to in paragraph (1).’’.
SEC. 309. In order to facilitate administrative oper-
ations and promote sales of Federal power, upon request
of a joint operating entity, the Administrator of the Bonne-
ville Power Administration shall sell, pursuant to section
5(b)(1) of Public Law 96–501, as amended, 94 Stat. 2697,
16 U.S.C. 839c, at wholesale to such joint operating entity
electric power for the purpose of meeting the firm power
loads of regional public bodies and cooperatives that are
members or participants of the joint operating entity: Pro-
vided, That the term ‘‘joint operating entity’’ means an en-
tity that is lawfully organized under state law as a public
body or cooperative by, and whose members or participants
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include only, two or more public bodies or cooperatives
which are customers of the Administrator.
(TRANSFERS OF UNEXPENDED BALANCES)
SEC. 310. 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 accounts
and thereafter may be accounted for as one fund for the
same time period as originally enacted.
SEC. 311. OFFSETTING REDUCTIONS. Each amount
made available under the headings ‘‘NON-DEFENSE ENVI-
RONMENTAL MANAGEMENT’’, ‘‘URANIUM ENRICHMENT DE-
CONTAMINATION
AND
DECOMMISSIONING
FUND’’,
‘‘SCIENCE’’, and ‘‘DEPARTMENTAL ADMINISTRATION’’ under
the heading ‘‘ENERGY PROGRAMS’’ and ‘‘CONSTRUCTION,
REHABILITATION, OPERATION AND MAINTENANCE, WESTERN
AREA POWER ADMINISTRATION (INCLUDING TRANSFER OF
FUNDS)’’ under the heading ‘‘POWER MARKETING ADMINIS-
TRATIONS’’ is reduced by 1.586516988447 percent.
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,
$67,000,000, to remain available until expended.
DENALI COMMISSION
For expenses of the Denali Commission including the
purchase, construction and acquisition of plant and capital
equipment as necessary and other expenses as authorized
pursuant to this Act, $20,000,000, 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
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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, $466,000,000, to remain available until expended:
Provided, That of the amount appropriated herein,
$17,000,000 shall be derived from the Nuclear Waste Fund:
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 appropria-
tion 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 $416,000,000 in
fiscal year 1999 shall be retained and used for necessary
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salaries and expenses in this account, notwithstanding 31
U.S.C. 3302, and shall remain available until expended:
Provided further, That of the amount appropriated herein,
$33,000,000 shall be available only for agreement State
oversight, international activities, the generic decommis-
sioning management program, regulatory support to agree-
ment States, the small entity program, the nonprofit edu-
cational program, and other Federal agency programs, and
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 from licensing fees, inspec-
tion services and other services and collections, excluding
those moneys received for the cooperative nuclear safety re-
search program, services rendered to State governments, for-
eign governments and international organizations, and the
material and information access authorization programs,
so as to result in a final fiscal year 1999 appropriation
estimated at not more than $50,000,000.
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-
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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 of Representatives and Senate: Pro-
vided 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 appropriation to which transferred: Pro-
vided further, That revenues from licensing fees, inspection
services, and other services and collections shall be retained
and used for necessary salaries and expenses in this ac-
count, notwithstanding 31 U.S.C. 3302, and shall remain
available until expended: Provided further, That the sum
herein appropriated shall be reduced by the amount of reve-
nues received during fiscal year 1999 from licensing fees,
inspection services, and other services and collections, 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 Technical
Review Board, as authorized by Public Law 100–203, sec-
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tion 5051, $2,600,000, 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, $70,000,000, 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.
SEC. 502. (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-
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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.
SEC. 503. None of the funds made available in this
Act may be provided by contract or by grant (including
a grant of funds to be available for student aid) to any
institution of higher education, or subelement thereof, that
is currently ineligible for contracts and grants pursuant to
section 514 of the Departments of Labor, Health and
Human Services, and Education, and Related Agencies Ap-
propriations Act, 1997 (as contained in section 101(e) of
division A of Public Law 104–208; 110 Stat. 3009–270).
SEC. 504. None of the funds made available in this
Act may be obligated or expended to enter into or renew
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a contract with a contractor that is subject to the reporting
requirement set forth in subsection (d) of section 4212 of
title 38, United States Code, but has not submitted the most
recent report required by such subsection.
SEC. 505. None of the funds made available in this
Act to pay the salary of any officer or employee of the De-
partment of the Interior may be used for the Animas-La
Plata Project, in Colorado and New Mexico, except for: (1)
activities required to comply with the applicable provisions
of current law; and (2) continuation of activities pursuant
to the Colorado Ute Indian Water Rights Settlement Act
of 1988 (Public Law 100–585).
SEC. 506. (a) None of the funds appropriated or other-
wise made available by this Act may be used to determine
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 Envi-
ronmental Protection Agency, to minimize any detrimental
effect of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Pro-
gram and the costs of the San Joaquin Valley Drainage
Program shall be classified by the Secretary of the Interior
as reimbursable or nonreimbursable and collected until fully
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repaid pursuant to the ‘‘Cleanup Program—Alternative
Repayment Plan’’ and the ‘‘SJVDP—Alternative Repay-
ment Plan’’ described in the report entitled ‘‘Repayment
Report, Kesterson Reservoir Cleanup Program and San
Joaquin Valley Drainage Program, February 1995’’, pre-
pared by the Department of the Interior, Bureau of Rec-
lamation. 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 reim-
bursable by San Luis Unit beneficiaries of such service or
studies pursuant to Federal Reclamation law.
SEC. 507. Section 6101(a)(3) of the Omnibus Budget
Reconciliation Act of 1990 (42 U.S.C. 2214(a)(3)) is
amended by striking ‘‘September 30, 1998’’ and inserting
‘‘September 30, 1999’’.
SEC. 508. None of the funds made available in this
or any other Act may be used to restart the High Flux
Beam Reactor.
TITLE VI
DENALI COMMISSION
SEC. 601. SHORT TITLE. This title may be cited as
the ‘‘Denali Commission Act of 1998’’.
SEC. 602. FINDINGS. The Congress finds that—
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(1) vast regions of the State of Alaska, while
abundant in natural resources and rich in potential,
trail the rest of the Nation in economic growth;
(2) roughly two-thirds of the land and associated
natural resources within Alaska are owned by the
Federal Government;
(3) many Alaska communities do not have access
to potable water which often results in disease, and in
some cases death;
(4) the primary means of sewage disposal in
some Alaska communities continues to open sewage
lagoons, which can result in outbreaks of hepatitis,
meningitis, particularly among young children;
(5) power costs are as much as ten times higher
in some areas of Alaska than in the lower 48 states,
which thwarts economic development;
(6) bulk fuel storage tanks built by the Federal
Government in many Alaska communities do not
comply with the Oil Pollution Act of 1990, could,
therefore, be required to be closed, are used to store
heating oil critical to survival, and that Alaska com-
munities presently have no way to upgrade or replace
the tanks;
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(7) the majority of Alaska communities have es-
sential infrastructure needs which presently cannot be
met;
(8) the lack of infrastructure and economic op-
portunities in Alaska communities has resulted in
disproportionately high Federal costs for welfare as-
sistance, unemployment assistance, food stamps, heat-
ing oil, and other Federal programs in Alaska; and
(9) by addressing infrastructure needs and pro-
moting economic development, the reliance of Alaska
communities on Federal assistance and the cost to the
Federal Government of such assistance could be sig-
nificantly reduced.
SEC. 603. PURPOSE. It is the purpose of this Act to
assist Alaska in addressing its special problems, to develop
its infrastructure and utilities, to promote its economic de-
velopment in rural communities by utilizing the markets,
technical support, and other resources of urban areas, and
to establish a framework for joint Federal and State efforts
toward providing basic facilities essential to its growth and
attacking its common problems.
SEC. 604. DENALI COMMISSION. (a) ESTABLISH-
MENT.—There is hereby established the Denali Commission
which shall be composed of one Federal member appointed
by the President with the advice and consent of the Senate,
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one State member appointed by the Governor after consulta-
tion with the Alaska Federation of Natives, the President
of the University of Alaska or a designee, the President of
the Alaska Chamber of Commerce, and the Executive Direc-
tor of the Alaska Municipal League. The Federal member
shall be compensated by the Federal government at level III
of the Executive Schedule of subchapter II of chapter 53
of title V, United States Code.
(b) CHAIRMAN; DECISIONS.—The Federal member
shall be the Chairman of the Denali Commission. Decisions
by the Denali Commission shall require the affirmative vote
of the Chairman and at least two of the other members of
the Commission. With respect to matters that come before
the Commission, the Chairman may inform Federal depart-
ments and agencies having an interest in the subject matter
as appropriate.
(c) FUNCTIONS.—The Denali Commission, in con-
sultation with the Governor of Alaska, shall develop a state-
wide, comprehensive plan for economic and infrastructure
development, establish priorities, approve project and grant
proposals, and administer funds appropriated to the Com-
mission. It shall solicit project proposals to modernize in-
frastructure from local governments and other organiza-
tions. The Commission is authorized to adopt rules and reg-
ulations governing its conduct, appoint and fix compensa-
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tion of staff to assist the Commission, accept and use gifts
or donations, and enter into and perform contracts, leases,
or cooperative agreements. Administrative expenses of the
Commission shall be paid by the Federal Government and
may not exceed 5 percent of any funds appropriated under
this Act. The Commission and its grantees shall maintain
accurate and complete records which shall be available for
audit and examination by the Comptroller General or his
designee. The Commission shall submit an annual report
six months after the conclusion of the fiscal year which shall
be submitted to the President, the Chairmen of the House
and Senate Appropriations Committees, and the Governor
of Alaska.
(d) SPECIAL FUNCTIONS.—
(1) RURAL UTILITIES.—In carrying out its other
functions, the Denali Commission should provide as-
sistance as appropriate and seek to avoid duplication
and to complement the water and wastewater pro-
grams under section 306D of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1926d) and
under section 303 of the Safe Drinking Water Act
Amendments of 1996 (33 U.S.C. 1263a).
(2) BULK FUEL TANKS.—The Denali Commis-
sion, in consultation with the Commandant of the
United States Coast Guard, shall develop a program
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to provide for the repair or replacement of bulk fuel
storage tanks in Alaska which are not in compliance
with Federal law, including the Oil Pollution Act of
1990, or State law.
SEC. 605. INSPECTOR GENERAL. Section 8G of the In-
spector General Act of 1978, as amended (5 U.S.C. appen-
dix 3 section 8G) is amended in subsection (a)(2) thereof
by adding after ‘‘the Corporation for Public Broadcasting’’,
‘‘the Denali Commission,’’.
SEC. 606. AUTHORIZATION OF APPROPRIATIONS. There
are authorized to be appropriated to the Denali Commission
to carry out this Act and for necessary expenses including
staff, $20,000,000 in fiscal year 1999 and such sums as
may be necessary for each of fiscal years 2000 through 2003.
This Act may be cited as the ‘‘Energy and Water De-
velopment Appropriations Act, 1999’’.
Attest:
Secretary.
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