H. R. 2203—10
294 and section 1701(b) of Public Law 102–575, is increased by
$1,300,000 (October 1997 prices): Provided further, That the unex-
pended balances of the Bureau of Reclamation appropriation
accounts for ‘‘Construction Program (Including Transfer of Funds)’’,
‘‘General Investigations’’, ‘‘Emergency Fund’’, and ‘‘Operation 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 $2,500,000 of funds appropriated herein to initiate
construction of the McCall Area Wastewater Reclamation and
Reuse, Idaho, project.
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 Rec-
lamation Projects Act of August 6, 1956, as amended (43 U.S.C.
422a–422l): Provided, That such costs, including the cost of modify-
ing such loans, shall be as defined in section 502 of the Congres-
sional Budget Act of 1974: Provided further, That these funds
are available to subsidize gross obligations for the principal amount
of direct loans not to exceed $31,000,000.
In addition, for administrative expenses necessary to carry
out the program for direct loans and/or grants, $425,000, to remain
available until expended: Provided, That of the total sums appro-
priated, the amount of program activities that can be financed
by the Reclamation Fund shall be derived from that Fund.
CENTRAL VALLEY PROJECT RESTORATION FUND
For carrying out the programs, projects, plans, and habitat
restoration, improvement, and acquisition provisions of the Central
Valley Project Improvement Act, such sums as may be collected
in the Central Valley Project Restoration 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 Reclamation is directed to levy additional mitigation and restora-
tion payments totaling no more than $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.
CALIFORNIA BAY-DELTA ECOSYSTEM RESTORATION
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Department of the Interior and
other participating Federal agencies in carrying out the California
Bay-Delta Environmental Enhancement and Water Security Act
consistent with plans to be approved by the Secretary of the Interior,
in consultation with such Federal agencies, $85,000,000, 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 sec-
tion 102(d) of such Act: Provided further, That such funds may
be obligated prior to the completion of a final programmatic environ-
mental impact statement only if: (1) consistent with 40 CFR
H. R. 2203—11
1506.1(c); and (2) used for purposes that the Secretary finds are
of sufficiently high priority to warrant such an expenditure.
POLICY AND ADMINISTRATION
For necessary expenses of policy, administration, and related
functions in the office of the Commissioner, the Denver office,
and offices in the five regions of the Bureau of Reclamation, to
remain available until expended, $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.
ADMINISTRATIVE PROVISION
Appropriations for the Bureau of Reclamation shall be available
for purchase of not to exceed six passenger motor vehicles for
replacement only.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
ENERGY SUPPLY
For expenses of the Department of Energy activities including
the purchase, construction and acquisition of plant and capital
equipment and other expenses necessary for energy supply, and
uranium supply and enrichment activities in carrying out the pur-
poses of the Department of Energy Organization Act (42 U.S.C.
7101 et seq.), including the acquisition or condemnation of any
real property or any facility or for plant or facility acquisition,
construction, or expansion, $906,807,000.
NON-DEFENSE ENVIRONMENTAL MANAGEMENT
For Department of Energy expenses, including the purchase,
construction and acquisition of plant and capital equipment and
other expenses necessary for non-defense environmental manage-
ment 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,
$497,059,000, to remain available until expended.
URANIUM ENRICHMENT DECONTAMINATION AND DECOMMISSIONING
FUND
For necessary expenses in carrying out uranium enrichment
facility decontamination and decommissioning, remedial actions and
other activities of title II of the Atomic Energy Act of 1954 and
title X, subtitle A of the Energy Policy Act of 1992, $220,200,000,
to be derived from the Fund, to remain available until expended:
Provided, That $40,000,000 of amounts derived from the Fund
for such expenses shall be available in accordance with title X,
subtitle A, of the Energy Policy Act of 1992.
H. R. 2203—12
SCIENCE
For expenses of the Department of Energy activities including
the purchase, construction and acquisition of plant and capital
equipment and other expenses necessary for science activities in
carrying out the purposes of the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including the acquisition or condemna-
tion of any real property or facility or for plant or facility acquisition,
construction, or expansion, and purchase of 15 passenger motor
vehicles for replacement only, $2,235,708,000, to remain available
until expended: Provided, That $35,000,000 of the unobligated
balances originally available for Superconducting Super Collider
termination activities shall be made available for other activities
under this heading.
NUCLEAR WASTE DISPOSAL FUND
For nuclear waste disposal activities to carry out the purposes
of Public Law 97–425, as amended, including the acquisition of
real property or facility construction or expansion, $160,000,000,
to remain available until 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 canister design;
and of which not to exceed $5,000,000 may be provided to affected
local governments, as defined in Public Law 97–425, to conduct
appropriate activities pursuant to the Act: Provided, That the dis-
tribution of the funds to the units of local government shall be
determined by the Department of Energy: Provided further, That
the funds shall be made available to the units of local government
by direct payment: Provided further, That within ninety days of
the completion of each Federal fiscal year, each local entity shall
provide certification to the Department of Energy, that all funds
expended from such payments have been expended for activities
as defined in Public Law 97–425. Failure to provide such certifi-
cation 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 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 contained in this Act:
Provided further, That none of the funds provided herein shall
be distributed to the State of Nevada by direct payment, grant,
or other means, for financial assistance under section 116 of the
Nuclear Waste Policy Act of 1982, as amended: Provided further,
That the foregoing proviso shall not apply to payments in lieu
of taxes under section 116(c)(3)(A) of the Nuclear Waste Policy
Act of 1982, as amended.
DEPARTMENTAL ADMINISTRATION
For salaries and expenses of the Department of Energy nec-
essary 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 expenses (not to exceed $35,000),
$218,747,000, to remain available until expended: Provided, That
H. R. 2203—13
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 miscellaneous revenues received during
fiscal year 1998 so as to result in a final fiscal year 1998 appropria-
tion from the General Fund estimated at not more than $87,417,000.
OFFICE OF THE INSPECTOR GENERAL
For necessary expenses of the Office of the Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended, $27,500,000, to remain available 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 incidental expenses necessary for atomic energy defense weap-
ons 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), $4,146,692,000, to remain available until
expended: Provided, That funding for any ballistic missile defense
program undertaken by the Department of Energy for the Depart-
ment of Defense shall be provided by the Department of Defense
according to procedures established for Work for Others by the
Department 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.), 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 6 for replacement only), $4,429,438,000,
to remain available until expended; and, in addition, $200,000,000
for privatization projects, to remain available until expended.
DEFENSE FACILITIES CLOSURE PROJECTS
For expenses of the Department of Energy to accelerate the
closure of defense environmental management sites, including the
purchase, construction and acquisition of plant and capital
equipment and other necessary expenses, $890,800,000, to remain
available until expended.
H. R. 2203—14
OTHER DEFENSE ACTIVITIES
For Department of Energy expenses, including the purchase,
construction and acquisition of plant and capital equipment and
other expenses necessary for atomic energy defense, other defense
activities, in carrying out the 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 2 for replacement only),
$1,666,008,000, to remain available until expended.
DEFENSE NUCLEAR WASTE DISPOSAL
For nuclear waste disposal activities to carry out the purposes
of Public Law 97–425, as amended, including the acquisition of
real property or facility construction or expansion, $190,000,000,
to remain available until expended.
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,
$10,000,000 for capital assets acquisition, to remain available until
expended.
BONNEVILLE POWER ADMINISTRATION FUND
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93–454, are approved for the
anadromous fish supplementation facilities 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
official reception and representation expenses in an amount not
to exceed $3,000.
During fiscal year 1998, no new direct loan obligations 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 applied to the southeastern power
area, $12,222,000, to remain available until expended; in addition,
notwithstanding 31 U.S.C. 3302, not to exceed $20,000,000 in
reimbursements 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,
H. R. 2203—15
and for construction and acquisition of transmission lines, sub-
stations and appurtenant facilities, and for administrative expenses,
including official reception and representation expenses in an
amount not to exceed $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, $25,210,000, to remain
available until expended; in addition, notwithstanding the provi-
sions 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 conservation and renewable
resources programs as authorized, including the replacement of
not more than two helicopters through transfers, exchanges, or
sale, and official reception and representation expenses in an
amount not to exceed $1,500, $189,043,000, to remain available
until expended, of which $182,806,000 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 Account pursuant
to title IV of the Reclamation Projects Authorization and Adjust-
ment 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 Canyon project as provided in section 104(a)(4) of the
Hoover Power Plant Act of 1984, to remain available until expended.
FALCON AND AMISTAD OPERATING AND MAINTENANCE FUND
For operation, maintenance, and emergency costs for the hydro-
electric facilities at the Falcon and Amistad Dams, $970,000, to
remain available until expended, and to be derived from the Falcon
and Amistad Operating and Maintenance Fund of the Western
Area Power Administration, 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 Regulatory
Commission to carry out the provisions of the Department 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: Provided,
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
H. R. 2203—16
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.
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, amendment,
or modification for which the Secretary intends to grant such a
waiver, the Secretary shall submit to the Subcommittees on Energy
and Water Development of the Committees on Appropriations of
the House of 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 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, amendment,
or modification for which the Secretary intends to grant such a
waiver, the Secretary shall submit to the Subcommittees on Energy
and Water Development of the Committees on Appropriations of
the House of 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 restructuring plan
that covers employees of the Department of Energy; or
(2) provide enhanced severance payments or other benefits
for employees of the Department of Energy;
under section 3161 of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2644; 42 U.S.C.
7274h).
SEC. 304. None of the funds appropriated by this Act or any
prior appropriations Act may be used to augment the $61,159,000
made available for obligation by this Act for severance payments
and other benefits and community assistance grants 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. 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.
H. R. 2203—17
(TRANSFERS OF UNEXPENDED BALANCES)
SEC. 306. The unexpended balances of prior appropriations
provided for activities in this Act may be transferred to appropria-
tion accounts for such activities established 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.
TITLE IV
INDEPENDENT AGENCIES
APPALACHIAN REGIONAL COMMISSION
For expenses necessary to carry out the programs authorized
by the Appalachian Regional Development Act of 1965, as amended,
notwithstanding section 405 of said Act, 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 authorized by 5 U.S.C. 3109, and hire of passenger motor
vehicles, $170,000,000, to remain available until expended.
DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SALARIES AND EXPENSES
For necessary expenses of the Defense Nuclear Facilities Safety
Board in carrying out activities authorized by the Atomic Energy
Act of 1954, as amended by Public Law 100–456, section 1441,
$17,000,000, 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 amended, including the
employment of aliens; services authorized by 5 U.S.C. 3109; publica-
tion and dissemination of atomic information; purchase, repair,
and cleaning of uniforms; official representation expenses (not to
exceed $20,000); reimbursements to the General Services Adminis-
tration for security guard services; hire of passenger motor vehicles
and aircraft, $468,000,000, to remain available until expended:
Provided, That of the amount appropriated herein, $15,000,000
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 appropriation is made, and in such cases the sums
so transferred may be merged with the appropriation to which
transferred: Provided further, That moneys received by the Commis-
sion for the cooperative nuclear safety research program, services
rendered to State governments, foreign governments and inter-
national organizations, and the material and information access
authorization programs, including criminal history checks under
H. R. 2203—18
section 149 of the Atomic Energy Act may be retained and used
for salaries and expenses associated with those activities, notwith-
standing 31 U.S.C. 3302, and shall remain available until expended:
Provided further, That revenues from licensing fees, inspection serv-
ices, and other services and collections estimated at $450,000,000
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
$3,000,000 of the funds herein appropriated for regulatory reviews
and other assistance provided to the Department of Energy and
other Federal agencies shall be excluded from license fee revenues,
notwithstanding 42 U.S.C. 2214: Provided further, That the sum
herein 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
received for the cooperative nuclear safety research program,
services rendered to State governments, foreign governments and
international organizations, and the material and information
access authorization programs, so as to result in a final fiscal
year 1998 appropriation estimated at not more than $18,000,000.
OFFICE OF INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Office of Inspector General 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 expended; and in addition,
an amount not to exceed 5 percent of this sum may be transferred
from Salaries and Expenses, Nuclear Regulatory Commission: Pro-
vided, That notice of such transfers shall be given to the Committees
on Appropriations of the House of Representatives and Senate:
Provided further, That from this appropriation, transfers of sums
may be made to other agencies of the Government for the perform-
ance of the work for which this appropriation is made, and in
such cases the sums so transferred may be merged with the appro-
priation to which transferred: Provided 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 account, 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 revenues received
during fiscal year 1998 from licensing fees, inspection services,
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, section 5051,
$2,600,000, to be derived from the Nuclear Waste Fund, and to
remain available until expended.
H. R. 2203—19
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 operation of aircraft, and purchase
and hire of passenger motor vehicles, $70,000,000, to remain avail-
able until expended, of which $6,900,000 shall be available for
operation, maintenance, surveillance, and improvement of Land
Between the Lakes; and for essential stewardship activities for
which appropriations were provided to the Tennessee Valley Author-
ity in Public Law 104–206, such sums as are necessary in fiscal
year 1999 and thereafter, to be derived only from one or more
of the following sources: nonpower fund balances and collections;
investment returns of the nonpower program; applied programmatic
savings in the power and nonpower programs; savings from the
suspension of bonuses and awards; savings from reductions in mem-
berships and contributions; increases in collections resulting from
nonpower activities, including user fees; or increases in charges
to private and public utilities both investor and cooperatively owned,
as well as to direct load customers: Provided, That such funds
are available to fund the stewardship activities under this para-
graph, notwithstanding sections 11, 14, 15, 29, or other provisions
of the Tennessee Valley Authority Act, as amended, or provisions
of the TVA power bond covenants: Provided further, That the sav-
ings from, and revenue adjustments to, the TVA budget in fiscal
year 1999 and thereafter shall be sufficient to fund the aforemen-
tioned stewardship activities such that the net spending authority
and resulting outlays for these activities shall not exceed $0 in
fiscal year 1999 and thereafter.
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 communicate to Members of Congress as
described in section 1913 of title 18, United States Code.
SEC. 502. (a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND
PRODUCTS.—It is the sense of the Congress that, to the greatest
extent practicable, all equipment and products purchased with
funds made available in this Act should be American-made.
(b) NOTICE REQUIREMENT.—In providing financial assistance
to, or entering into any contract with, any entity using funds
made available in this Act, the head of each Federal agency, to
the greatest extent practicable, shall provide to such entity a notice
describing the statement made in subsection (a) by the Congress.
(c) PROHIBITION OF CONTRACTS WITH PERSONS FALSELY LABEL-
ING PRODUCTS AS MADE IN AMERICA.—If it has been finally deter-
mined by a court or Federal agency 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 subcontract
made with funds made available in this Act, pursuant to the debar-
ment, suspension, and ineligibility procedures described in sections
9.400 through 9.409 of title 48, Code of Federal Regulations.
H. R. 2203—20
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 Appropriations 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 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 Department of
the Interior may be used for the Animas-La Plata Project, in Colo-
rado 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. 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 subsection
(a), and inserting ‘‘project’’ into the title and in subsection
(a);
(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. 507. 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 ‘‘$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. 508. (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 Stonewall Jackson Lake, West
Virginia, except that the State shall receive no credit for costs
associated with golf course 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 Recreation Lease dated
October 2, 1995 to remove the requirement 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 agree-
ment 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. 509. Amounts to be transferred to the Department of
Energy by the United States Enrichment Corporation (USEC)
H. R. 2203—21
pursuant to this section shall be retained and used for the specific
purpose of development and demonstration of AVLIS technology
for uranium enrichment: Provided, That, notwithstanding section
1605 of the Atomic Energy Act of 1954, as amended (42 U.S.C.
2297e–4), USEC shall transfer to the Department such sums as
are necessary in fiscal year 1998 for AVLIS demonstration and
development activities to be derived only from one or more of
the following sources: savings from adjustments in the level of
inventories; savings from reductions in capital and operating costs;
savings from reductions in power costs including savings from
increased use of off-peak power; or savings from adjustments in
the amount of purchases: Provided further, That the savings from
such reductions and adjustments in the amounts paid by USEC
in fiscal year 1998 shall be sufficient to fund the aforementioned
AVLIS demonstration and development activities such that the
net spending authority and resulting outlays for these activities
shall not exceed $0 in fiscal year 1998 and thereafter: Provided
further, That, prior to transferring funds to the Department for
AVLIS activities pursuant to this section, the Chief Financial Officer
of USEC shall submit to the Committees on Appropriations of
the House of Representatives and Senate an itemized listing of
the amounts of the reductions made pursuant to this section to
fund the proposed transfer: Provided further, That, by November
1, 1998, the Chief Financial Officer of USEC shall submit to the
Committees on Appropriations of the House of Representatives and
Senate an itemized listing of the amounts of the reductions made
pursuant to this section for fiscal year 1998: Provided further,
That the provisions in this section related to the transfer to and
use by the Department of funds for AVLIS demonstration and
development activities shall expire as of the privatization date
for USEC, as defined in section 3102 of the USEC Privatization
Act (42 U.S.C. 2297h), and the total amount obligated by the
Department pursuant to this section for AVLIS demonstration and
development activities shall not exceed $60,000,000.
SEC. 510. (a) None of the funds appropriated or otherwise
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 Adminis-
trator of the Environmental Protection Agency, to minimize any
detrimental effect of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program
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 repaid pursuant to the
‘‘Cleanup 
Program—Alternative 
Repayment 
Plan’’ 
and 
the
‘‘SJVDP—Alternative Repayment Plan’’ described in the report enti-
tled ‘‘Repayment Report, Kesterson Reservoir Cleanup Program
and San Joaquin Valley Drainage Program, February 1995’’, pre-
pared by the Department of the Interior, Bureau of Reclamation.
Any future obligations of funds by the United States relating to,
or providing for, drainage service or drainage studies for the San
Luis Unit shall be fully reimbursable by San Luis Unit beneficiaries
of such service or studies pursuant to Federal Reclamation law.
H. R. 2203—22
SEC. 511. MAINTENANCE
OF
SECURITY
AT
THE
GASEOUS
DIFFUSION PLANTS.—Section 3107 of the USEC Privatization Act
(42 U.S.C. 2297h–5) is amended by adding at the end the following:
‘‘(h) MAINTENANCE OF SECURITY.—
‘‘(1) IN GENERAL.—With respect to the Paducah Gaseous
Diffusion Plant, Kentucky, and the Portsmouth Gaseous Diffu-
sion Plant, Ohio, the guidelines relating to the authority of
the Department of Energy’s contractors (including any Federal
agency, or private entity operating a gaseous diffusion plant
under a contract or lease with the Department of Energy)
and any subcontractor (at any tier) to carry firearms and make
arrests in providing security at Federal installations, issued
under section 161k. of the Atomic Energy Act of 1954 (42
U.S.C. 2201k.) shall require, at a minimum, the presence of
an adequate number of security guards carrying sidearms at
all times to ensure maintenance of security at the gaseous
diffusion plants (whether a gaseous diffusion plant is operated
directly by a Federal agency or by a private entity under
a contract or lease with a Federal agency).’’.
SEC. 512. None of the funds made available in this or any
other Act may be used to restart the High Flux Beam Reactor.
This Act may be cited as the ‘‘Energy and Water Development
Appropriations Act, 1998’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.