539
ment program as provided in section 2806 of title 10,
United States Code, in an amount not to exceed the sum
of the amount authorized to be appropriated for this pur-
pose in section 2502 and the amount collected from the
North Atlantic Treaty Organization as a result of con-
struction previously financed by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 1997, for con-
tributions by the Secretary of Defense under section 2806
of title 10, United States Code, for the share of the United
States of the cost of projects for the North Atlantic Treaty
Organization Security Investment program authorized by
section 2501, in the amount of $166,300,000.
TITLE XXVI—GUARD AND
RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUC-
TION AND LAND ACQUISITION PROJECTS.
(a) IN GENERAL.—There are authorized to be appro-
priated for fiscal years beginning after September 30,
1997, for the costs of acquisition, architectural and engi-
neering services, and construction of facilities for the
Guard and Reserve Forces, and for contributions therefor,
under chapter 1803 of title 10, United States Code (in-
540
cluding the cost of acquisition of land for those facilities),
the following amounts:
(1) For the Department of the Army—
(A) for the Army National Guard of the
United States, $45,098,000; and
(B) for the Army Reserve, $69,831,000.
(2) For the Department of the Navy, for the
Naval and Marine Corps Reserve, $40,561,000.
(3) For the Department of the Air Force—
(A) for the Air National Guard of the
United States, $137,275,000; and
(B) 
for 
the 
Air 
Force 
Reserve,
$34,443,000.
(b) ADJUSTMENT.—The amount authorized to be ap-
propriated pursuant to subsection (a)(1)(B) is reduced by
$7,900,000, which represents the combination of project
savings resulting from favorable bids, reduced overhead
costs, and cancellations due to force structure changes.
SEC. 2602. AUTHORIZATION OF MILITARY CONSTRUCTION
PROJECTS FOR WHICH FUNDS HAVE BEEN
APPROPRIATED.
(a) ARMY NATIONAL GUARD, HILO, HAWAII.—Para-
graph (1)(A) of section 2601 of the Military Construction
Authorization Act for Fiscal Year 1997 (division B of
Public Law 104–201; 110 Stat. 2780) is amended by
541
striking out ‘‘$59,194,000’’ and inserting in lieu thereof
‘‘$65,094,000’’ to account for a project involving additions
and alterations to an Army aviation support facility in
Hilo, Hawaii.
(b) NAVAL AND MARINE CORPS RESERVE, NEW OR-
LEANS.—Paragraph (2) of such section is amended by
striking out ‘‘$32,779,000’’ and inserting in lieu thereof
‘‘$37,579,000’’ to account for a project for the construc-
tion of bachelor enlisted quarters at Naval Air Station,
New Orleans, Louisiana.
SEC. 2603. ARMY RESERVE CONSTRUCTION PROJECT, SALT
LAKE CITY, UTAH.
With regard to the military construction project for
the Army Reserve concerning construction of a reserve
center and organizational maintenance shop in Salt Lake
City, Utah, to be carried out using funds appropriated
pursuant to the authorization of appropriations in section
2601(1)(B), the Secretary of the Army may enter into an
agreement with the State of Utah under which the State
agrees to provide financial or in-kind contributions toward
land acquisition, site preparation, environmental assess-
ment and remediation, relocation, and other costs in con-
nection with the project.
542
TITLE XXVII—EXPIRATION AND
EXTENSION OF AUTHORIZA-
TIONS
SEC. 
2701. 
EXPIRATION 
OF 
AUTHORIZATIONS 
AND
AMOUNTS REQUIRED TO BE SPECIFIED BY
LAW.
(a) EXPIRATION OF AUTHORIZATIONS AFTER THREE
YEARS.—Except as provided in subsection (b), all author-
izations contained in titles XXI through XXVI for military
construction projects, land acquisition, family housing
projects and facilities, and contributions to the North At-
lantic Treaty Organization Security Investment program
(and authorizations of appropriations therefor) shall ex-
pire on the later of—
(1) October 1, 2000; or
(2) the date for the enactment of an Act au-
thorizing funds for military construction for fiscal
year 2001.
(b) EXCEPTION.—Subsection (a) shall not apply to
authorizations for military construction projects, land ac-
quisition, family housing projects and facilities, and con-
tributions to the North Atlantic Treaty Organization Se-
curity Investment program (and authorizations of appro-
priations therefor), for which appropriated funds have
been obligated before the later of—
543
(1) October 1, 2000; or
(2) the date of the enactment of an Act author-
izing funds for fiscal year 2001 for military con-
struction projects, land acquisition, family housing
projects and facilities, or contributions to the North
Atlantic Treaty Organization Security Investment
program.
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN
FISCAL YEAR 1995 PROJECTS.
(a) EXTENSION.—Notwithstanding section 2701 of
the Military Construction Authorization Act for Fiscal
Year 1995 (division B of Public Law 103–337, 108 Stat.
3046), authorizations for the projects set forth in the ta-
bles in subsection (b), as provided in section 2101, 2201,
2202, 2301, 2302, 2401, or 2601 of that Act, shall remain
in effect until October 1, 1998, or the date of the enact-
ment of an Act authorizing funds for military construction
for fiscal year 1999, whichever is later.
(b) TABLES.—The tables referred to in subsection (a)
are as follows:
Army: Extension of 1995 Project Authorization
State
Installation or Location
Project
Amount
California ......................
Fort Irwin ....................
National Train-
ing Center
Airfield
Phase I ........
$10,000,000
544
Navy: Extension of 1995 Project Authorizations
State
Installation or Location
Project
Amount
Maryland ......................
Indian Head Naval
Surface Warfare
Center ......................
Upgrade Power
Plant ...........
$4,000,000
Indian Head Naval
Surface Warfare
Center ......................
Denitrification/
Acid Mixing
Facility ........
$6,400,000
Virginia .........................
Norfolk Marine Corps
Security Force Bat-
talion Atlantic ..........
Bachelor En-
listed Quar-
ters ..............
$6,480,000
Washington ...................
Naval Station Puget
Sound, Everett .........
New Construc-
tion (Hous-
ing Office) ...
$780,000
CONUS Classified ........
Classified Location ......
Aircraft Fire/
Rescue & Ve-
hicle Mainte-
nance Facil-
ity ................
$2,200,000
Air Force: Extension of 1995 Project Authorizations
State
Installation or Location
Project
Amount
California ......................
Beale Air Force Base ..
Consolidated
Support Cen-
ter ................
$10,400,000
Los Angeles Air Force
Station .....................
Family Hous-
ing (50
Units) ..........
$8,962,000
North Carolina .............
Pope Air Force Base ...
Combat Control
Team Facil-
ity ................
$2,400,000
Pope Air Force Base ...
Fire Training
Center ..........
$1,100,000
Defense Agencies: Extension of 1995 Project Authorizations
State
Installation or Location
Project
Amount
Alabama .......................
Anniston Army Depot ..
Carbon Filtra-
tion System
$5,000,000
Arkansas .......................
Pine Bluff Arsenal .......
Ammunition
Demilitariza-
tion Facility
$115,000,000
California ......................
Defense Contract Man-
agement Office, El
Segundo ...................
Administrative
Facility ........
$5,100,000
Oregon ..........................
Umatilla Army Depot ..
Ammunition
Demilitariza-
tion Facility
$186,000,000
545
Army National Guard: Extension of 1995 Project Authorization
State
Installation or Location
Project
Amount
California ......................
Camp Roberts ..............
Combat Pistol
Range ..........
$952,000
Camp Roberts ..............
Modify Record
Fire Range/
Maintenance
Shop Con-
struction
Project .........
$3,910,000
Pennsylvania .................
Fort Indiantown Gap ..
Barracks Con-
struction
Project .........
$6,200,000
Naval Reserve: Extension of 1995 Project Authorization
State
Installation or Location
Project
Amount
Georgia .........................
Naval Air Station Mari-
etta ...........................
Training Center
$2,650,000
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN
FISCAL YEAR 1994 PROJECTS.
(a) EXTENSION.—Notwithstanding section 2701 of
the Military Construction Authorization Act for Fiscal
Year 1994 (division B of Public Law 103–160, 107 Stat.
1880), authorizations for the projects set forth in the table
in subsection (b), as provided in section 2201 of that Act
and extended by section 2702 of the Military Construction
Authorization Act for Fiscal Year 1997 (division B of
Public Law 104–201; 110 Stat. 2783), shall remain in ef-
fect until October 1, 1998, or the date of the enactment
of an Act authorizing funds for military construction for
fiscal year 1999, whichever is later.
(b) TABLE.—The table referred to in subsection (a)
is as follows:
546
Navy: Extension of 1994 Project Authorizations
State
Installation or Location
Project
Amount
California ......................
Camp Pendleton Ma-
rine Corps Base .......
Sewage Facility
$7,930,000
Connecticut ...................
New London Naval
Submarine Base .......
Hazardous
Waste Facil-
ity ................
$1,450,000
SEC. 2704. EXTENSION OF AUTHORIZATIONS OF CERTAIN
FISCAL YEAR 1993 PROJECTS.
(a) EXTENSION.—Notwithstanding section 2701 of
the Military Construction Authorization Act for Fiscal
Year 1993 (division B of Public Law 102–484; 106 Stat.
2602), the authorizations for the projects set forth in the
tables in subsection (b), as provided in section 2101 or
2601 of that Act and extended by section 2702 of the Mili-
tary Construction Authorization Act for Fiscal Year 1996
(division B of Public Law 104–106; 110 Stat. 541) and
section 2703 of the Military Construction Authorization
Act for Fiscal Year 1997 (division B of Public Law 104–
201; 110 Stat. 2784), shall remain in effect until October
1, 1998, or the date of the enactment of an Act authoriz-
ing funds for military construction for fiscal year 1999,
whichever is later.
(b) TABLES.—The tables referred to in subsection (a)
are as follows:
Army: Extension of 1993 Project Authorization
State
Installation or location
Project
Amount
Arkansas ........................
Pine Bluff Arsenal .............
Ammunition Demili-
tarization Support
Facility ..................
$15,000,000
547
Army National Guard: Extension of 1993 Project Authorization
State
Installation or Location
Project
Amount
Alabama .........................
Union Springs ....................
Armory ......................
$813,000
SEC. 2705. EXTENSION OF AUTHORIZATIONS OF CERTAIN
FISCAL YEAR 1992 PROJECTS.
(a) EXTENSION.—Notwithstanding section 2701 of
the Military Construction Authorization Act for Fiscal
Year 1992 (division B of Public Law 102–190; 105 Stat.
1535), authorizations for the projects set forth in the table
in subsection (b), as provided in section 2101 of that Act
and extended by section 2702 of the Military Construction
Authorization Act for Fiscal Year 1995 (division B of
Public Law 103–337; 108 Stat. 3047), section 2703 of
the Military Construction Authorization Act for Fiscal
Year 1996 (division B of Public Law 104–106; 110 Stat.
543), and section 2704 of the Military Construction Au-
thorization Act for Fiscal Year 1997 (division B of Public
Law 104–201; 110 Stat. 2784), shall remain in effect
until October 1, 1998, or the date of the enactment of
an Act authorizing funds for military construction for fis-
cal year 1999, whichever is later.
(b) TABLE.—The table referred to in subsection (a)
is as follows:
Army: Extension of 1992 Project Authorizations
State
Installation or location
Project
Amount
Oregon ...........................
Umatilla Army Depot ........
Ammunition Demili-
tarization Support
Facility ..................
$3,600,000
548
Army: Extension of 1992 Project Authorizations—Continued
State
Installation or location
Project
Amount
Umatilla Army Depot ........
Ammunition Demili-
tarization Utilities
$7,500,000
SEC. 2706. EXTENSION OF AVAILABILITY OF FUNDS FOR
CONSTRUCTION 
OF 
OVER-THE-HORIZON
RADAR IN PUERTO RICO.
Amounts appropriated under the heading ‘‘DRUG
INTERDICTION
AND COUNTER-DRUG ACTIVITIES, DE-
FENSE’’ in the Department of Defense Appropriations
Act, 1995 (Public Law 103–335; 108 Stat. 2615), and
transferred to the ‘‘Military Construction, Navy’’ appro-
priation for construction of a Relocatable Over-the-Hori-
zon Radar at Naval Station Roosevelt Roads, Puerto Rico,
shall remain available for obligation until October 1, 1998,
or the date of the enactment of an Act authorizing funds
for military construction for fiscal year 1999, whichever
is later.
SEC. 2707. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI
shall take effect on the later of—
(1) October 1, 1997; or
(2) the date of the enactment of this Act.
549
TITLE XXVIII—GENERAL
PROVISIONS
Subtitle A—Military Construction
Program and Military Family
Housing Changes
SEC. 2801. USE OF MOBILITY ENHANCEMENT FUNDS FOR
UNSPECIFIED MINOR CONSTRUCTION.
(a) 
CONGRESSIONAL
NOTIFICATION.—Subsection
(b)(2) of section 2805 of title 10, United States Code, is
amended by adding at the end the following new sentence:
‘‘This paragraph shall apply even though the project is
to be carried out using funds made available to enhance
the deployment and mobility of military forces and sup-
plies.’’.
(b) RESTRICTION ON USE OF OPERATION AND MAIN-
TENANCE FUNDS.—Subsection (c) of such section is
amended—
(1) in paragraph (1), by striking out ‘‘para-
graph (2)’’ and inserting in lieu thereof ‘‘paragraphs
(2) and (3)’’; and
(2) by adding at the end the following new
paragraph:
‘‘(3) The limitations specified in paragraph (1) shall
not apply if the unspecified minor military construction
project is to be carried out using funds made available
550
to enhance the deployment and mobility of military forces
and supplies.’’.
(c) TECHNICAL AMENDMENTS.—Such section is fur-
ther amended—
(1) in subsection (a)(1)—
(A) by striking out ‘‘minor military con-
struction projects’’ in the first sentence and in-
serting in lieu thereof ‘‘unspecified minor mili-
tary construction projects’’;
(B) by striking out ‘‘A minor’’ in the sec-
ond sentence and inserting in lieu thereof ‘‘An
unspecified minor’’; and
(C) by striking out ‘‘a minor’’ in the last
sentence and inserting in lieu thereof ‘‘an un-
specified minor’’;
(2) in subsection (b)(1), by striking out ‘‘A
minor’’ and inserting in lieu thereof ‘‘An unspecified
minor’’;
(3) in subsection (b)(2), by striking out ‘‘a
minor’’ and inserting in lieu thereof ‘‘an unspecified
minor’’; and
(4) in subsection (c), by striking out ‘‘unspec-
ified military’’ each place it appears and inserting in
lieu thereof ‘‘unspecified minor military’’.
551
SEC. 2802. LIMITATION ON USE OF OPERATION AND MAIN-
TENANCE 
FUNDS 
FOR 
FACILITY 
REPAIR
PROJECTS.
Section 2811 of title 10, United States Code, is
amended by adding at the end the following new sub-
sections:
‘‘(d) CONGRESSIONAL NOTIFICATION.—When a deci-
sion is made to carry out a repair project under this sec-
tion with an estimated cost in excess of $10,000,000, the
Secretary concerned shall submit to the appropriate com-
mittees of Congress a report containing—
‘‘(1) the justification for the repair project and
the current estimate of the cost of the project; and
‘‘(2) the justification for carrying out the
project under this section.
‘‘(e) REPAIR PROJECT DEFINED.—In this section,
the term ‘repair project’ means a project to restore a real
property facility, system, or component to such a condition
that it may effectively be used for its designated functional
purpose.’’.
SEC. 2803. LEASING OF MILITARY FAMILY HOUSING, UNIT-
ED STATES SOUTHERN COMMAND, MIAMI,
FLORIDA.
(a) LEASES TO EXCEED MAXIMUM RENTAL.—Sec-
tion 2828(b) of title 10, United States Code, is amended—
553
SEC. 2804. USE OF FINANCIAL INCENTIVES PROVIDED AS
PART OF ENERGY SAVINGS AND WATER CON-
SERVATION ACTIVITIES.
(a) ENERGY SAVINGS.—Section 2865 of title 10,
United States Code, is amended—
(1) in subsection (b)(1), by striking out ‘‘and fi-
nancial incentives described in subsection (d)(2)’’;
(2) in subsection (d)(2), by adding at the end
the following new sentence: ‘‘Financial incentives re-
ceived under this paragraph or section 2866(a)(2) of
this title shall be credited to an appropriation ac-
count designated by the Secretary of Defense.’’; and
(3) in subsection (f), by adding at the end the
following new sentence: ‘‘Each report shall also de-
scribe the types and amount of financial incentives
received 
under 
subsection 
(d)(2) 
and 
section
2866(a)(2) of this title during the period covered by
the report and the appropriation account or accounts
to which the incentives were credited.’’.
(b) WATER CONSERVATION.—Section 2866(b) of
such title is amended—
(1) by striking out ‘‘SAVINGS.—’’ in the sub-
section heading and inserting in lieu thereof ‘‘SAV-
INGS AND FINANCIAL INCENTIVES.—(1)’’; and
(2) by adding at the end the following new
paragraph:
554
‘‘(2) Financial incentives received under this section
shall be used as provided in section 2865(d)(2) of this
title.’’.
SEC. 
2805. 
CONGRESSIONAL 
NOTIFICATION 
REQUIRE-
MENTS REGARDING USE OF DEPARTMENT OF
DEFENSE 
HOUSING 
FUNDS 
FOR 
INVEST-
MENTS IN NONGOVERNMENTAL ENTITIES.
Section 2875 of title 10, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(e) CONGRESSIONAL NOTIFICATION REQUIRED.—
Amounts in the Department of Defense Family Housing
Improvement Fund or the Department of Defense Military
Unaccompanied Housing Improvement Fund may be used
to make a cash investment under this section in a non-
governmental entity only after the end of the 30-day pe-
riod beginning on the date the Secretary of Defense sub-
mits written notice of, and justification for, the investment
to the appropriate committees of Congress.’’.
Subtitle B—Real Property And
Facilities Administration
SEC. 2811. INCREASE IN CEILING FOR MINOR LAND ACQUI-
SITION PROJECTS.
(a) INCREASE.—Section 2672 of title 10, United
States Code, is amended by striking out ‘‘$200,000’’ both
555
places it appears in subsection (a) and inserting in lieu
thereof ‘‘$500,000’’.
(b) CLERICAL AMENDMENTS.—(1) The section head-
ing for such section is amended to read as follows:
‘‘§ 2672. Acquisition: interests in land when cost is
not more than $500,000’’.
(2) The table of sections at the beginning of chapter
159 of such title is amended by striking out the item relat-
ing to section 2672 and inserting in lieu thereof the follow-
ing new item:
‘‘2672. Acquisition: interests in land when cost is not more than $500,000.’’.
SEC. 2812. ADMINISTRATIVE EXPENSES FOR CERTAIN REAL
PROPERTY TRANSACTIONS.
(a) IN GENERAL.—Chapter 159 of title 10, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 2695. Acceptance of funds to cover administrative
expenses relating to certain real property
transactions
‘‘(a) AUTHORITY TO ACCEPT.—In connection with a
real property transaction described in subsection (b) with
a non-Federal person or entity, the Secretary of a military
department may accept amounts provided by the person
or entity to cover administrative expenses incurred by the
Secretary in entering into the transaction.
556
‘‘(b) COVERED TRANSACTIONS.—Subsection (a) ap-
plies to the following transactions:
‘‘(1) The conveyance or exchange of real prop-
erty.
‘‘(2) The grant of an easement over, in, or upon
real property of the United States.
‘‘(3) The lease or license of real property of the
United States.
‘‘(c) USE OF AMOUNTS COLLECTED.—Amounts col-
lected under subsection (a) for administrative expenses
shall be credited to the appropriation, fund, or account
from which the expenses were paid. Amounts so credited
shall be merged with funds in such appropriation, fund,
or account and shall be available for the same purposes
and subject to the same limitations as the funds with
which merged.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 159 of such title is amended
by adding at the end the following:
‘‘2695. Acceptance of funds to cover administrative expenses relating to certain
real property transactions.’’.
SEC. 2813. DISPOSITION OF PROCEEDS FROM SALE OF AIR
FORCE PLANT 78, BRIGHAM CITY, UTAH.
Notwithstanding 
subparagraph 
(A) 
of 
section
204(h)(2) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 485(h)(2)), the entire
557
amount derived from the sale of Air Force Plant 78 in
Brigham City, Utah, and deposited in the special account
in the Treasury established pursuant to such section shall,
to the extent provided in appropriations Acts, be available
to the Secretary of the Air Force for facility maintenance,
repair, or environmental restoration at other industrial
plants of the Department of the Air Force.
Subtitle C—Defense Base Closure
and Realignment
SEC. 2821. CONSIDERATION OF MILITARY INSTALLATIONS
AS SITES FOR NEW FEDERAL FACILITIES.
(a) 1988 LAW.—Section 204(b)(5) of the Defense
Authorization Amendments and Base Closure and Re-
alignment Act (Public Law 100–526; 10 U.S.C. 2687
note) is amended—
(1) in subparagraph (A), by striking out ‘‘sub-
paragraph (B)’’ and inserting in lieu thereof ‘‘sub-
paragraphs (B) and (C)’’; and
(2) by adding at the end the following new sub-
paragraph:
‘‘(C)(i) Before acquiring non-Federal real property as
the location for a new or replacement Federal facility of
any type, the head of the Federal agency acquiring the
property shall consult with the Secretary regarding the
feasibility and cost advantages of using Federal property
558
or facilities at a military installation to be closed or re-
aligned under this title as the location for the new or re-
placement facility. In considering the availability and suit-
ability of a specific military installation, the Secretary and
the head of the Federal agency involved shall consult with
the redevelopment authority with respect to the installa-
tion and comply with the redevelopment plan for the in-
stallation.
‘‘(ii) Not later than 30 days after acquiring non-Fed-
eral real property as the location for a new or replacement
Federal facility, the head of the Federal agency acquiring
the property shall submit to Congress a report containing
the results of the consultation under clause (i) and the
reasons why military installations referred to in such
clause that are located within the area to be served by
the new or replacement Federal facility or within a 200-
mile radius of the new or replacement facility, whichever
area is greater, were considered to be unsuitable or un-
available for the site of the new or replacement facility.’’.
(b) 1990 LAW.—Section 2905(b)(5) of the Defense
Base Closure and Realignment Act of 1990 (Public Law
101–510; 10 U.S.C. 2687 note) is amended—
(1) in subparagraph (A), by striking out ‘‘sub-
paragraph (B)’’ and inserting in lieu thereof ‘‘sub-
paragraphs (B) and (C)’’; and
559
(2) by adding at the end the following new sub-
paragraph:
‘‘(C)(i) Before acquiring non-Federal real property as
the location for a new or replacement Federal facility of
any type, the head of the Federal agency acquiring the
property shall consult with the Secretary regarding the
feasibility and cost advantages of using Federal property
or facilities at a military installation to be closed or re-
aligned under this part as the location for the new or re-
placement facility. In considering the availability and suit-
ability of a specific military installation, the Secretary and
the head of the Federal agency involved shall consult with
the redevelopment authority with respect to the installa-
tion and comply with the redevelopment plan for the in-
stallation.
‘‘(ii) Not later than 30 days after acquiring non-Fed-
eral real property as the location for a new or replacement
Federal facility, the head of the Federal agency acquiring
the property shall submit to Congress a report containing
the results of the consultation under clause (i) and the
reasons why military installations referred to in such
clause that are located within the area to be served by
the new or replacement Federal facility or within a 200-
mile radius of the new or replacement facility, whichever
560
area is greater, were considered to be unsuitable or un-
available for the site of the new or replacement facility.’’.
SEC. 2822. PROHIBITION AGAINST CONVEYANCE OF PROP-
ERTY 
AT 
MILITARY 
INSTALLATIONS 
TO
STATE-OWNED SHIPPING COMPANIES.
(a) PROHIBITION AGAINST DIRECT CONVEYANCE.—
In disposing of real property in connection with the closure
of a military installation under the Defense Base Closure
and Realignment Act of 1990 (part A of title XXIX of
Public Law 101–510; 10 U.S.C. 2687 note), the Secretary
of Defense may not convey any portion of the property
(by sale, lease, or other method) to a State-owned shipping
company.
(b) PROHIBITION
AGAINST
INDIRECT
CONVEY-
ANCE.—The Secretary of Defense shall impose as a condi-
tion on each conveyance of real property located at such
an installation the requirement that the property may not
be subsequently conveyed (by sale, lease, or other method)
to a State-owned shipping company.
(c) REVERSIONARY INTEREST.—If the Secretary de-
termines at any time that real property located at such
an installation and conveyed under the Defense Base Clo-
sure and Realignment Act of 1990 has been conveyed to
a State-owned shipping company in violation of subsection
(b) or is otherwise being used by a State-owned shipping
561
company in violation of such subsection, all right, title,
and interest in and to the property shall revert to the
United States, and the United States shall have immediate
right of entry thereon.
(d) DEFINITION.—In this section, the term ‘‘State-
owned shipping company’’ means a commercial shipping
company owned or controlled by a foreign country.
Subtitle D—Land Conveyances
Part I—Army Conveyances
SEC. 2831. LAND CONVEYANCE, JAMES T. COKER ARMY RE-
SERVE CENTER, DURANT, OKLAHOMA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of
the Army may convey, without consideration, to Big Five
Community Services, Incorporated, a nonprofit organiza-
tion operating in Durant, Oklahoma, all right, title, and
interest of the United States in and to a parcel of real
property located at 1500 North First Street in Durant,
Oklahoma, and containing the James T. Coker Army Re-
serve Center, if the Secretary determines that the Reserve
Center is excess to the needs of the Armed Forces.
(b) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the real property to be conveyed
under subsection (a) shall be determined by a survey satis-
factory to the Secretary. The cost of the survey shall be
borne by Big Five Community Services, Incorporated.
562
(c) CONDITION ON CONVEYANCE.—The conveyance
authorized under subsection (a) shall be subject to the
condition that Big Five Community Services, Incor-
porated, retain the conveyed property for educational pur-
poses.
(d) REVERSION.—If the Secretary determines at any
time that the real property conveyed under subsection (a)
is not being used for the purpose specified in subsection
(c), all right, title, and interest in and to such real prop-
erty, including any improvements thereon, shall revert to
the United States, and the United States shall have the
right of immediate entry thereon.
(e) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with the conveyance under subsection
(a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2832. LAND CONVEYANCE, FORT A. P. HILL, VIRGINIA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of
the Army may convey to Caroline County, Virginia (in this
section referred to as the ‘‘County’’), all right, title, and
interest of the United States in and to a parcel of unim-
proved real property consisting of approximately 10 acres
located at Fort A. P. Hill, Virginia. The purpose of the
563
conveyance is to permit the County to establish a solid
waste transfer and recycling facility on the property.
(b) CONSIDERATION.—As consideration for the con-
veyance under subsection (a), the County shall permit the
Army, at no cost, to dispose of not less than 1,800 tons
of solid waste annually at the facility established on the
conveyed property. The obligation of the County to accept
solid waste under this subsection shall not commerce until
after the solid waste transfer and recycling facility on the
conveyed property becomes operational, and the establish-
ment of a solid waste collection and transfer site on the
.36-acre parcel described in subsection (d)(2) shall not be
construed to impose the obligation.
(c) DISCLAIMER.—The United States shall not be re-
sponsible for the provision or cost of utilities or any other
improvements necessary to carry out the conveyance under
subsection (a) or to establish or operate the solid waste
transfer and recycling facility intended for the property.
(d) REVERSION.—(1) Except as provided in para-
graph (2), if the Secretary determines that a solid waste
transfer and recycling facility is not operational, before
December 31, 1999, on the real property conveyed under
subsection (a), all right, title, and interest in and to such
real property, including any improvements thereon, shall
564
revert to the United States, and the United States shall
have the right of immediate entry thereon.
(2) Paragraph (1) shall not apply with respect to a
parcel of approximately .36 acres of the approximately 10-
acre parcel to be conveyed under subsection (a), which is
included in the larger conveyance to permit the County
to establish a solid waste collection and transfer site for
residential waste.
(e) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with the conveyance under subsection
(a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2833. EXPANSION OF LAND CONVEYANCE, INDIANA
ARMY AMMUNITION PLANT, CHARLESTOWN,
INDIANA.
(a) ADDITIONAL CONVEYANCE.—Subsection (a) of
section 2858 of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104–106; 110 Stat.
571) is amended—
(1) by inserting ‘‘(1)’’ before ‘‘The Secretary of
the Army’’; and
(2) by adding at the end the following new
paragraph:
565
‘‘(2) The Secretary may also convey to the State,
without consideration, an additional parcel of real prop-
erty at the Indiana Army Ammunition Plant consisting
of approximately 500 acres located along the Ohio River.’’.
(b) CONFORMING AMENDMENTS.—Such section is
further amended by striking out ‘‘conveyance’’ both places
it appears in subsections (b) and (d) and inserting in lieu
thereof ‘‘conveyances’’.
SEC. 
2834. 
MODIFICATION 
OF 
LAND 
CONVEYANCE,
LOMPOC, CALIFORNIA.
(a) CHANGE IN AUTHORIZED USES OF LAND.—Sec-
tion 834(b)(1) of the Military Construction Authorization
Act, 1985 (Public Law 98–407; 98 Stat. 1526), is amend-
ed by striking out subparagraphs (A) and (B) and insert-
ing in lieu thereof the following new subparagraphs:
‘‘(A) for educational and recreational purposes;
‘‘(B) for open space; or’’.
(b) CONFORMING DEED CHANGES.—With respect to
the land conveyance made pursuant to section 834 of the
Military Construction Authorization Act, 1985, the Sec-
retary of the Army shall execute and file in the appro-
priate office or offices an amended deed or other appro-
priate instrument effectuating the changes to the author-
ized uses of the conveyed property resulting from the
amendment made by subsection (a).
566
SEC. 2835. MODIFICATION OF LAND CONVEYANCE, ROCKY
MOUNTAIN ARSENAL, COLORADO.
Section 5(c) of Public Law 102–402 (106 Stat. 1966)
is amended by striking out ‘‘The transferred property
shall be sold in advertised sales’’ and inserting in lieu
thereof ‘‘The Administrator shall convey the transferred
property to Commerce City, Colorado, in a negotiated
sale,’’.
SEC. 2836. CORRECTION OF LAND CONVEYANCE AUTHOR-
ITY, ARMY RESERVE CENTER, ANDERSON,
SOUTH CAROLINA.
(a) IDENTIFICATION OF RECIPIENT.—Subsection (a)
of section 2824 of the Military Construction Authorization
Act for Fiscal Year 1997 (division B of Public Law 104–
201; 110 Stat. 2793) is amended by striking out ‘‘County
of Anderson, South Carolina (in this section referred to
as the ‘County’)’’ and inserting in lieu thereof ‘‘Board of
Education, Anderson County, South Carolina (in this sec-
tion referred to as the ‘Board’)’’.
(b) CONFORMING AMENDMENTS.—Subsections (b)
and (c) of such section are amended by striking out
‘‘County’’ each place it appears and inserting in lieu there-
of ‘‘Board’’.
567
SEC. 2837. LAND CONVEYANCE, FORT BRAGG, NORTH CARO-
LINA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of
the Army may convey, without consideration, to the Town
of Spring Lake, North Carolina (in this section referred
to as the ‘‘Town’’), all right, title, and interest of the Unit-
ed States in and to a parcel of unimproved real property
consisting of approximately 50 acres located at Fort
Bragg, North Carolina. The purpose of the conveyance is
to improve access by the Town to a waste treatment facil-
ity and to permit economic development.
(b) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the real property to be conveyed
under subsection (a) shall be determined by a survey satis-
factory to the Secretary. The cost of the survey shall be
borne by the Town.
(c) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with the conveyance under subsection
(a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2838. LAND CONVEYANCE, GIBSON ARMY RESERVE
CENTER, CHICAGO, ILLINOIS.
(a) CONVEYANCE AUTHORIZED.—The Secretary of
the Army may convey, without consideration, to the
Lawndale Business and Local Development Corporation
568
(in this section referred to as the ‘‘Corporation’’), a non-
profit organization organized in the State of Illinois, all
right, title, and interest of the United States in and to
a parcel of real property, including improvements thereon,
that is located at 4454 West Cermak Road in Chicago,
Illinois, and contains the Gibson Army Reserve Center.
(b) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the real property to be conveyed
under subsection (a) shall be determined by a survey satis-
factory to the Secretary. The cost of the survey shall be
borne by the Corporation.
(c) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with the conveyance under subsection
(a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2839. LAND CONVEYANCE, FORT DIX, NEW JERSEY.
(a) CONVEYANCES AUTHORIZED.—(1) The Secretary
of the Army may convey, without consideration, to the
Borough of Wrightstown, New Jersey (in this section re-
ferred to as the ‘‘Borough’’), all right, title, and interest
of the United States in and to a parcel of real property
(including improvements thereon) consisting of approxi-
mately 39.69 acres located at Fort Dix, New Jersey, for
569
the purpose of permitting the Borough to develop the par-
cel for economic purposes.
(2) The Secretary may convey, without consideration,
to the New Hanover Board of Education (in this section
referred to as the ‘‘Board’’), all right, title, and interest
of the United States in and to an additional parcel of real
property (including improvements thereon) at Fort Dix
consisting of approximately five acres for the purpose of
permitting the Board to develop the parcel for educational
purposes.
(b) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the real property to be conveyed
under subsection (a) shall be determined by surveys satis-
factory to the Secretary. The cost of the survey in connec-
tion with the conveyance under subsection (a)(1) shall be
borne by the Borough, and the cost of the survey in con-
nection with the conveyance under subsection (a)(2) shall
be borne by the Board.
(c) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with the conveyances under subsection
(a) as the Secretary considers appropriate to protect the
interests of the United States.
570
Part II—Navy Conveyances
SEC. 2851. CORRECTION OF LEASE AUTHORITY, NAVAL AIR
STATION, MERIDIAN, MISSISSIPPI.
(a) CORRECTION OF LESSEE.—Subsection (a) of sec-
tion 2837 of the Military Construction Authorization Act
for Fiscal Year 1997 (division B of Public Law 104–201;
110 Stat. 2798) is amended—
(1) by striking out ‘‘State of Mississippi (in this
section referred to as the ‘State’)’’ and inserting in
lieu thereof ‘‘County of Lauderdale, Mississippi (in
this section referred to as the ‘County’)’’; and
(2) by striking out ‘‘The State’’ and inserting
in lieu thereof ‘‘The County’’.
(b) CONFORMING AMENDMENTS.—Subsections (b)
and (c) of such section are amended by striking out
‘‘State’’ each place it appears and inserting in lieu thereof
‘‘County’’.
Part III—Air Force Conveyances
SEC. 2861. LAND TRANSFER, EGLIN AIR FORCE BASE, FLOR-
IDA.
(a) TRANSFER.—Jurisdiction over the real property
withdrawn by Executive Order 4525, dated October 1,
1826, which consists of approximately 440 acres of land
at Cape San Blas, Gulf County, Florida, and any improve-
ments thereon, is transferred from the administrative ju-
risdiction of the Secretary of Transportation to the admin-
571
istrative jurisdiction of the Secretary of the Air Force,
without reimbursement. Executive Order 4525 is revoked,
and the transferred real property shall be administered by
the Secretary of the Air Force pursuant to the Federal
Property and Administrative Services Act of 1949 (40
U.S.C. 471 et seq.) and such other laws as may be applica-
ble to Federal real property.
(b) USE OF PROPERTY.—The real property trans-
ferred under subsection (a) may be used in conjunction
with operations at Eglin Air Force Base, Florida.
(c) LEGAL DESCRIPTION.—The exact acreage and
legal description of the real property to be transferred
under this section shall be determined by a survey satis-
factory to the Secretary of the Air Force. The cost of the
survey shall be borne by the Secretary of the Air Force.
SEC. 2862. STUDY OF LAND EXCHANGE OPTIONS, SHAW AIR
FORCE BASE, SOUTH CAROLINA.
Section 2874 of the National Defense Authorization
Act for Fiscal Year 1996 (Public Law 104–106; 110 Stat.
583) is amended by adding at the end the following new
subsection:
‘‘(g) STUDY OF EXCHANGE OPTIONS.—To facilitate
the use of a land exchange to acquire the real property
described in subsection (a), the Secretary of the Air Force
shall conduct a study to identify real property in the pos-
572
session of the Air Force (located in the State of South
Carolina or elsewhere) that satisfies the requirements of
subsection (b)(2), is acceptable to the party holding the
property to be acquired, and is otherwise suitable for ex-
change under this section. Not later than three months
after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 1998, the Secretary
shall submit to Congress a report containing the results
of the study.’’.
SEC. 2863. LAND CONVEYANCE, MARCH AIR FORCE BASE,
CALIFORNIA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of
the Air Force may convey to Air Force Village West, In-
corporated (in this section referred to as the ‘‘Corpora-
tion’’), of Riverside, California, all right, title, and interest
of the United States in and to a parcel of real property
located at March Air Force Base, California, and consist-
ing of approximately 75 acres, as more fully described in
subsection (c).
(2) If the Secretary does not make the conveyance
authorized by paragraph (1) to the Corporation on or be-
fore January 1, 2006, the Secretary shall convey the real
property instead to the March Joint Powers Authority, the
redevelopment authority established for March Air Force
Base.
573
(b) CONSIDERATION.—As consideration for the con-
veyance under subsection (a), the Corporation shall pay
to the United States an amount equal to the fair market
value of the real property, as determined by the Secretary.
(c) LAND DESCRIPTION.—The real property to be
conveyed under this section is contiguous to land conveyed
to the Corporation pursuant to section 835 of the Military
Construction Authorization Act, 1985 (Public Law 98–
407; 98 Stat. 1527), and lies within sections 27, 28, 33,
and 34 of Township 3 South, Range 4 West, San
Bernardino Base and Meridian, County of Riverside, Cali-
fornia. The exact acreage and legal description of the real
property shall be determined by a survey satisfactory to
the Secretary. The cost of the survey shall be borne by
the party receiving the property.
(d) TECHNICAL CORRECTIONS REGARDING PRE-
VIOUS CONVEYANCE.—Section 835 of the Military Con-
struction Authorization Act, 1985 (Public Law 98–407;
98 Stat. 1527), is amended—
(1) in subsection (b), by striking out ‘‘sub-
section (b)’’ and inserting in lieu thereof ‘‘subsection
(a)’’; and
(2) in subsection (c), by striking out ‘‘Clark
Street,’’ and all that follows through the period and
inserting in lieu thereof ‘‘Village West Drive, on the
574
west by Allen Avenue, on the south by 8th Street,
and the north is an extension of 11th Street between
Allen Avenue and Clark Street.’’.
SEC. 2864. LAND CONVEYANCE, ELLSWORTH AIR FORCE
BASE, SOUTH DAKOTA.
(a) CONVEYANCE REQUIRED.—The Secretary of the
Air Force may convey, without consideration, to the
Greater Box Elder Area Economic Development Corpora-
tion, Box Elder, South Dakota (in this section referred
to as the ‘‘Corporation’’), all right, title, and interest of
the United States in and to the parcels of real property
located at Ellsworth Air Force Base, South Dakota, re-
ferred to in subsection (b).
(b) COVERED PROPERTY.—(1) Subject to paragraph
(2), the real property referred to in subsection (a) is the
following:
(A) A parcel of real property, together with any
improvements thereon, consisting of approximately
53.32 acres and comprising the Skyway Military
Family Housing Area.
(B) A parcel of real property, together with any
improvements thereon, consisting of approximately
137.56 acres and comprising the Renal Heights
Military Family Housing Area.
575
(C) A parcel of real property, together with any
improvements thereon, consisting of approximately
14.92 acres and comprising the East Nike Military
Family Housing Area.
(D) A parcel of real property, together with any
improvements thereon, consisting of approximately
14.69 acres and comprising the South Nike Military
Family Housing Area.
(E) A parcel of real property, together with any
improvements thereon, consisting of approximately
14.85 acres and comprising the West Nike Military
Family Housing Area.
(2) The real property referred to in subsection (a)
does not include the portion of real property referred to
in paragraph (1)(B) that the Secretary determines to be
required for the construction of an access road between
the main gate of Ellsworth Air Force Base and an inter-
change on Interstate Route 90 located in the vicinity of
mile marker 67 in South Dakota.
(c) CONDITIONS OF CONVEYANCE.—The conveyance
of the real property referred to in subsection (b) shall be
subject to the following conditions:
(1) That the Corporation, and any person or
entity to which the Corporation transfers the prop-
erty, comply in the use of the property with the ap-
576
plicable provisions of the Ellsworth Air Force Base
Air Installation Compatible Use Zone Study.
(2) That the Corporation convey a portion of
the real property referred to in paragraph (1)(A) of
that subsection, together with any improvements
thereon, consisting of approximately 20 acres to the
Douglas School District, South Dakota, for use for
education purposes.
(d) REVERSIONARY INTEREST.—If the Secretary de-
termines that any portion of the real property conveyed
under subsection (a) is not being utilized in accordance
with the applicable provision of subsection (c), all right,
title, and interest in and to that portion of the real prop-
erty shall revert to the United States, and the United
States shall have the right of immediate entry thereon.
(e) LEGAL DESCRIPTION.—The exact acreage and
legal description of the property conveyed under sub-
section (a) shall be determined by a survey satisfactory
to the Secretary. The cost of the survey shall be borne
by the Corporation.
(f) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with the conveyance under subsection (a) as
the Secretary considers appropriate to protect the inter-
ests of the United States.
577
Subtitle E—Other Matters
SEC. 2881. REPEAL OF REQUIREMENT TO OPERATE NAVAL
ACADEMY DAIRY FARM.
(a) OPERATION.—(1) Chapter 603 of title 10, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 6976. Operation of Naval Academy dairy farm
‘‘(a) DISCRETION REGARDING CONTINUED OPER-
ATION.—(1) Subject to paragraph (2), the Secretary of
the Navy may terminate or reduce the dairy or other oper-
ations conducted at the Naval Academy dairy farm located
in Gambrills, Maryland.
‘‘(2) Notwithstanding the termination or reduction of
operations at the Naval Academy dairy farm under para-
graph (1), the real property containing the dairy farm
(consisting of approximately 875 acres)—
‘‘(A) may not be declared to be excess real
property to the needs of the Navy or transferred or
otherwise disposed of by the Navy or any Federal
agency; and
‘‘(B) shall be maintained in its rural and agri-
cultural nature.
‘‘(b) LEASE AUTHORITY.—(1) Subject to paragraph
(2), to the extent that the termination or reduction of op-
erations at the Naval Academy dairy farm permit, the Sec-
578
retary of the Navy may lease the real property containing
the dairy farm, and any improvements and personal prop-
erty thereon, to such persons and under such terms as
the Secretary considers appropriate. In leasing any of the
property, the Secretary may give a preference to persons
who will continue dairy operations on the property.
‘‘(2) Any lease of property at the Naval Academy
dairy farm shall be subject to a condition that the lessee
maintain the rural and agricultural nature of the leased
property.
‘‘(c) EFFECT OF OTHER LAWS.—Nothing in section
6971 of this title shall be construed to require the Sec-
retary of the Navy or the Superintendent of the Naval
Academy to operate a dairy farm for the Naval Academy
in Gambrills, Maryland, or any other location.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘6976. Operation of Naval Academy dairy farm.’’.
(b) CONFORMING REPEAL OF EXISTING REQUIRE-
MENTS.—Section 810 of the Military Construction Au-
thorization Act, 1968 (Public Law 90–110; 81 Stat. 309),
is repealed.
579
SEC. 2882. LONG-TERM LEASE OF PROPERTY, NAPLES
ITALY.
(a) AUTHORITY.—Subject to subsection (d), the Sec-
retary of the Navy may acquire by long-term lease struc-
tures and real property relating to a regional hospital com-
plex in Naples, Italy, that the Secretary determines to be
necessary for purposes of the Naples Improvement Initia-
tive.
(b) LEASE TERM.—Notwithstanding section 2675 of
title 10, United States Code, the lease authorized by sub-
section (a) shall be for a term of not more than 20 years.
(c) EXPIRATION OF AUTHORITY.—The authority of
the Secretary to enter into a lease under subsection (a)
shall expire on September 30, 2002.
(d) AUTHORITY CONTINGENT ON APPROPRIATIONS
ACTS.—The authority of the Secretary to enter into a
lease under subsection (a) is available only to the extent
or in the amount provided in advance in appropriations
Acts.
SEC. 2883. DESIGNATION OF MILITARY FAMILY HOUSING
AT LACKLAND AIR FORCE BASE, TEXAS, IN
HONOR OF FRANK TEJEDA, A FORMER MEM-
BER OF THE HOUSE OF REPRESENTATIVES.
The military family housing developments to be con-
structed at two locations on Government property at
Lackland Air Force Base, Texas, under the authority of
580
subchapter IV of chapter 169 of title 10, United States
Code, shall be designated by the Secretary of the Air
Force, at an appropriate time, as follows:
(1) The northern development shall be des-
ignated as ‘‘Frank Tejeda Estates North’’.
(2) The southern development shall be des-
ignated as ‘‘Frank Tejeda Estates South’’.
TITLE XXIX—SIKES ACT
IMPROVEMENT
SEC. 2901. SHORT TITLE.
This title may be cited as the ‘‘Sikes Act Improve-
ment Amendments of 1997’’.
SEC. 2902. DEFINITION OF SIKES ACT FOR PURPOSES OF
AMENDMENTS.
In this title, the term ‘‘Sikes Act’’ means the Act en-
titled ‘‘An Act to promote effectual planning, development,
maintenance, and coordination of wildlife, fish, and game
conservation and rehabilitation in military reservations’’,
approved September 15, 1960 (16 U.S.C. 670a et seq.),
commonly referred to as the ‘‘Sikes Act’’.
SEC. 2903. CODIFICATION OF SHORT TITLE OF ACT.
The Sikes Act (16 U.S.C. 670a et seq.) is amended
by inserting before title I the following new section:
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘Sikes Act’.’’.
581
SEC. 2904. INTEGRATED NATURAL RESOURCE MANAGE-
MENT PLANS.
(a) PLANS REQUIRED.—Subsection (a) of section
101 of the Sikes Act (16 U.S.C. 670a) is amended to read
as follows:
‘‘(a) INTEGRATED NATURAL RESOURCES MANAGE-
MENT PLANS.—
‘‘(1) PLANS REQUIRED.—The Secretary of De-
fense shall carry out a program to provide for the
conservation and rehabilitation of natural resources
on military installations. To facilitate the program,
the Secretary of each military department shall pre-
pare and implement an integrated natural resources
management plan for each military installation in
the United States under the jurisdiction of the Sec-
retary, unless the Secretary determines that the ab-
sence of significant natural resources on a particular
installation makes preparation of such a plan inap-
propriate.
‘‘(2) COOPERATIVE
PREPARATION.—The Sec-
retary of a military department shall prepare the in-
tegrated natural resources management plans for
which the Secretary is responsible in cooperation
with the Secretary of the Interior, acting through
the Director of the Fish and Wildlife Service, and
the head of the appropriate State fish and wildlife
582
agency or agencies for the State in which the mili-
tary installation involved is located. The resulting
plan for a military installation consistent with para-
graph (4) shall reflect the mutual agreement of the
parties concerning conservation, protection, and
management of fish and wildlife resources.
‘‘(3) PURPOSE OF PLANS.—Consistent with the
use of military installations to ensure the prepared-
ness of the Armed Forces, the Secretaries of the
military departments shall carry out the program re-
quired by this subsection to provide for—
‘‘(A) the conservation and rehabilitation of
natural resources on military installations;
‘‘(B) the sustained multipurpose use of
these resources, to include hunting, fishing,
trapping, and nonconsumptive uses; and
‘‘(C) subject to safety requirements and
military security, public access to military in-
stallations to facilitate these uses.
‘‘(4) RULE
OF
CONSTRUCTION.—Nothing in
this Act shall be construed as modifying or repealing
the provisions of any Federal law governing the con-
servation or protection of fish and wildlife resources,
nor as enlarging or diminishing the responsibility
and authority of the States for the protection and
583
management of fish and resident wildlife. Except as
elsewhere specifically provided in this section and
section 102, nothing in this Act shall be construed
as authorizing the Secretary of a military depart-
ment to require a Federal license or permit to hunt,
fish, or trap on a military installation.
(b) CONFORMING AMENDMENTS.—Title I of the
Sikes Act is amended—
(1) 
in 
section 
101(b)(4) 
(16 
U.S.C.
670a(b)(4)), by striking out ‘‘cooperative plan’’ each
place it appears and inserting in lieu thereof ‘‘inte-
grated natural resource management plan’’;
(2) in section 101(c) (16 U.S.C. 670a(c)), in
the matter preceding paragraph (1) by striking out
‘‘a cooperative plan’’ and inserting in lieu thereof
‘‘an integrated natural resource management plan’’;
(3) in section 101(d) (16 U.S.C. 670a(d)), in
the matter preceding paragraph (1) by striking out
‘‘cooperative plans’’ and inserting in lieu thereof ‘‘in-
tegrated natural resource management plans’’;
(4) in section 101(e) (16 U.S.C. 670a(e)), by
striking out ‘‘Cooperative plans’’ and inserting in
lieu thereof ‘‘Integrated natural resource manage-
ment plans’’;
584
(5) in section 102 (16 U.S.C. 670b), by striking
out ‘‘a cooperative plan’’ and inserting in lieu there-
of ‘‘an integrated natural resource management
plan’’;
(6) in section 103 (16 U.S.C. 670c), by striking
out ‘‘a cooperative plan’’ and inserting in lieu there-
of ‘‘an integrated natural resource management
plan’’;
(7) in section 106(a) (16 U.S.C. 670f(a)), by
striking out ‘‘cooperative plans’’ and inserting in lieu
thereof ‘‘integrated natural resource management
plans’’; and
(8) in section 106(c) (16 U.S.C. 670f(c)), by
striking out ‘‘cooperative plans’’ and inserting in lieu
thereof ‘‘integrated natural resource management
plans’’.
(c) CONTENTS OF PLANS.—Section 101(b) of the
Sikes Act (16 U.S.C. 670a(b)) is amended—
(1) by striking out ‘‘Each cooperative plan’’ and
all that follows through paragraph (1) and inserting
in lieu thereof the following:
‘‘(b) REQUIRED ELEMENTS OF PLANS.—Consistent
with the use of military installations to ensure the pre-
paredness of the Armed Forces, each integrated natural
586
quirements necessary to ensure safety and mili-
tary security;
‘‘(H) enforcement of natural resource laws
and regulations;
‘‘(I) no net loss in the capability of mili-
tary installation lands to support the military
mission of the installation; and
‘‘(J) such other activities as the Secretary
of the military department considers appro-
priate;’’
(2) by striking out paragraph (3);
(3) by redesignating paragraph (4) as para-
graph (3); and
(4) in paragraph (3)(A) (as so redesignated), by
striking out ‘‘collect the fees therefor,’’ and inserting
in lieu thereof ‘‘collect, spend, administer, and ac-
count for fees therefor,’’.
SEC. 2905. REVIEW FOR PREPARATION OF INTEGRATED
NATURAL RESOURCE MANAGEMENT PLANS.
(a) REVIEW OF MILITARY INSTALLATIONS.—
(1) REVIEW.—The Secretary of each military
department shall, by not later than nine months
after the date of the enactment of this Act—
(A) review each military installation in the
United States that is under the jurisdiction of
587
that Secretary to determine the military instal-
lations for which the preparation of an inte-
grated natural resource management plan
under section 101 of the Sikes Act, as amended
by this title, is appropriate; and
(B) submit to the Secretary of Defense a
report on those determinations.
(2) REPORT TO CONGRESS.—The Secretary of
Defense shall, by not later than 12 months after the
date of the enactment of this Act, submit to the
Congress a report on the reviews conducted under
paragraph (1). The report shall include—
(A) a list of those military installations re-
viewed under paragraph (1) for which the Sec-
retary of the military department concerned de-
termines the preparation of an integrated natu-
ral resource management plan is not appro-
priate; and
(B) for each of the military installations
listed under subparagraph (A), an explanation
of the reasons such a plan is not appropriate.
(b) DEADLINE
FOR INTEGRATED NATURAL RE-
SOURCE MANAGEMENT PLANS.—Not later than two years
after the date of the submission of the report required
under subsection (a)(2), the Secretary of each military de-
588
partment shall, for each military installation for which the
Secretary has not determined under subsection (a)(2)(A)
that preparation of an integrated natural resource man-
agement plan is not appropriate—
(1) prepare and begin implementing such a plan
in accordance with section 101(a) of the Sikes Act,
as amended by section 2904; or
(2) in the case of a military installation for
which there is in effect a cooperative plan under sec-
tion 101(a) of the Sikes Act on the day before the
date of the enactment of this Act, complete negotia-
tions with the Secretary of the Interior and the
heads of the appropriate State agencies regarding
changes to that plan that are necessary for the plan
to constitute an integrated natural resource plan
that complies with that section, as amended by sec-
tion 2904.
(c) PUBLIC COMMENT.—The Secretary of each mili-
tary department shall provide an opportunity for the sub-
mission of public comments on—
(1) integrated natural resource management
plans proposed pursuant to subsection (b)(1); and
(2) changes to cooperative plans proposed pur-
suant to subsection (b)(2).
589
SEC. 2906. ANNUAL REVIEWS AND REPORTS.
Section 101 of the Sikes Act (16 U.S.C. 670a) is
amended by adding at the end the following new sub-
section:
‘‘(f) REVIEWS AND REPORTS.—
‘‘(1) SECRETARY OF DEFENSE.—The Secretary
of Defense shall, by not later than March 1 of each
year, review the extent to which integrated natural
resource management plans were prepared or in ef-
fect and implemented in accordance with this Act in
the preceding year, and submit a report on the find-
ings of that review to the committees. Each report
shall include—
‘‘(A) the number of integrated natural re-
source management plans in effect in the year
covered by the report, including the date on
which each plan was issued in final form or
most recently revised;
‘‘(B) the amount of moneys expended on
conservation activities conducted pursuant to
those plans in the year covered by the report;
and
‘‘(C) an assessment of the extent to which
the plans comply with the requirements of this
Act.
590
‘‘(2) SECRETARY OF THE INTERIOR.—The Sec-
retary of the Interior, by not later than March 1 of
each year and in consultation with State agencies re-
sponsible for conservation or management of fish or
wildlife, shall submit a report to the committees on
the amount of moneys expended by the Department
of the Interior and those State agencies in the year
covered by the report on conservation activities con-
ducted pursuant to integrated natural resource man-
agement plans.
‘‘(3) COMMITTEES DEFINED.—For purposes of
this subsection, the term ‘committees’ means the
Committee on Resources and the Committee on Na-
tional Security of the House of Representatives and
the Committee on Armed Services and the Commit-
tee on Environment and Public Works of the Sen-
ate.’’.
SEC. 2907. TRANSFER OF WILDLIFE CONSERVATION FEES
FROM CLOSED MILITARY INSTALLATIONS.
Subsection (b)(3)(B) of section 101(b) of the Sikes
Act (16 U.S.C. 670a(b)), as redesignated and amended
by section 2904, is further amended by inserting before
the period at the end the following: ‘‘, unless that military
installation is subsequently closed, in which case the fees
591
may be transferred to another military installation to be
used for the same purposes’’.
SEC. 2908. FEDERAL ENFORCEMENT.
Title I of the Sikes Act (16 U.S.C. 670a et seq.) is
amended—
(1) by redesignating section 106, as amended
by section 2904(b), as section 109; and
(2) by inserting after section 105 the following
new section:
‘‘SEC. 106. FEDERAL ENFORCEMENT OF OTHER LAWS.
‘‘All Federal laws relating to the conservation of nat-
ural resources on Federal lands may be enforced by the
Secretary of Defense with respect to violations of those
laws that occur on military installations within the United
States.’’.
SEC. 2909. NATURAL RESOURCE MANAGEMENT SERVICES.
Title I of the Sikes Act (16 U.S.C. 670a et seq.) is
amended by inserting after section 106 (as added by sec-
tion 2908) the following new section:
‘‘SEC. 107. NATURAL RESOURCE MANAGEMENT SERVICES.
‘‘The Secretary of each military department shall en-
sure, within available resources, that sufficient numbers
of professionally trained natural resource management
personnel and natural resource law enforcement personnel
are available and assigned responsibility to perform tasks
592
necessary to comply with this Act, including the prepara-
tion and implementation of integrated natural resource
management plans.’’.
SEC. 2910. DEFINITIONS.
Title I of the Sikes Act (16 U.S.C. 670a et seq.) is
amended by inserting after section 107 (as added by sec-
tion 2909) the following new section:
‘‘SEC. 108. DEFINITIONS.
‘‘In this title:
‘‘(1) MILITARY INSTALLATION.—(A) The term
‘military installation’ means any land or interest in
land owned by the United States and administered
by the Secretary of Defense or the Secretary of a
military department (except civil works lands). The
term includes all public lands withdrawn from all
forms of appropriation under public land laws and
reserved for use by the Secretary of Defense or the
Secretary of a military department.
‘‘(B) The term does not include any lands oth-
erwise covered by subparagraph (A) that are subject
to an approved recommendation for closure under
the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101–510;
10 U.S.C. 2687 note).
593
‘‘(2) STATE FISH AND WILDLIFE AGENCY.—The
term ‘State fish and wildlife agency’ means an agen-
cy or agencies of State government that is respon-
sible under State law for managing fish or wildlife
resources.
‘‘(3) UNITED
STATES.—The term ‘United
States’ means the States, the District of Columbia,
and the territories and possessions of the United
States.’’.
SEC. 2911. COOPERATIVE AGREEMENTS.
Section 103a of the Sikes Act (16 U.S.C. 670c–1)
is amended—
(1) in subsection (a) by striking out ‘‘Secretary
of Defense’’ and inserting ‘‘Secretary of a military
department’’;
(b) by striking out subsection (b) and inserting in lieu
thereof the following new subsection:
‘‘(b) Funds appropriated to the Department of De-
fense for a fiscal year may be obligated to cover the cost
of goods and services provided either under a cooperative
agreement entered into under subsection (a) or through
an agency agreement under section 1535 of title 31, Unit-
ed States Code, during any 18-month period beginning in
that fiscal year, without regard to whether the agreement
crosses fiscal years.’’.
594
SEC. 2912. REPEAL OF SUPERSEDED PROVISION.
Section 2 of the Act of October 27, 1986 (Public Law
99–561; 16 U.S.C. 670a–1), is repealed.
SEC. 2913. CLERICAL AMENDMENTS.
Title I of the Sikes Act, as amended by this title,
is amended—
(1) in the heading for the title by striking out
‘‘MILITARY RESERVATIONS’’ and inserting in
lieu thereof ‘‘MILITARY INSTALLATIONS’’;
(2) 
in 
section 
101(b)(3) 
(16 
U.S.C.
670a(b)(3)), as redesignated and amended by sec-
tion 2904—
(A) in subparagraph (A), by striking out
‘‘the reservation’’ and inserting in lieu thereof
‘‘the installation’’; and
(B) in subparagraph (B), by striking out
‘‘the military reservation’’ and inserting in lieu
thereof ‘‘the military installation’’;
(4) in section 101(c) (16 U.S.C. 670a(c))—
(A) in paragraph (1), by striking out ‘‘a
military reservation’’ and inserting in lieu
thereof ‘‘a military installation’’; and
(B) in paragraph (2), by striking out ‘‘the
reservation’’ and inserting in lieu thereof ‘‘the
installation’’;
595
(5) in section 102 (16 U.S.C. 670b), by striking
out ‘‘military reservations’’ and inserting in lieu
thereof ‘‘military installations’’; and
(6) in section 103 (16 U.S.C. 670c)—
(A) by striking out ‘‘military reservations’’
and inserting in lieu thereof ‘‘military installa-
tions’’; and
(B) by striking out ‘‘such reservations’’
and inserting in lieu thereof ‘‘such installa-
tions’’.
SEC. 2914. AUTHORIZATIONS OF APPROPRIATIONS.
(a) PROGRAMS ON MILITARY INSTALLATIONS.—Sub-
sections (b) and (c) of section 109 of the Sikes Act (as
redesignated by section 1408) are each amended by strik-
ing out ‘‘1983’’ and all that follows through ‘‘1993,’’ and
inserting in lieu thereof ‘‘1983 through 2000,’’.
(b) PROGRAMS ON PUBLIC LANDS.—Section 209 of
the Sikes Act (16 U.S.C. 670o) is amended—
(1) in subsection (a), by striking out ‘‘the sum
of $10,000,000’’ and all that follows through ‘‘to en-
able the Secretary of the Interior’’ and inserting in
lieu thereof ‘‘$4,000,000 for each of fiscal years
1998 through 2003, to enable the Secretary of the
Interior’’; and
596
(2) in subsection (b), by striking out ‘‘the sum
of $12,000,000’’ and all that follows through ‘‘to en-
able the Secretary of Agriculture’’ and inserting in
lieu thereof ‘‘$5,000,000 for each of fiscal years
1998 through 2003, to enable the Secretary of Agri-
culture’’.
DIVISION C—DEPARTMENT OF
ENERGY NATIONAL SECURITY
AUTHORIZATIONS 
AND
OTHER AUTHORIZATIONS
TITLE 
XXXI—DEPARTMENT 
OF
ENERGY NATIONAL SECURITY
PROGRAMS
Subtitle A—National Security
Programs Authorizations
SEC. 3101. WEAPONS ACTIVITIES.
(a) STOCKPILE STEWARDSHIP.—Funds are hereby
authorized to be appropriated to the Department of En-
ergy for fiscal year 1998 for stockpile stewardship in car-
rying out weapons activities necessary for national secu-
rity programs in the amount of $1,733,400,000, to be allo-
cated as follows:
(1) 
For 
core 
stockpile 
stewardship,
$1,257,100,000, to be allocated as follows:
597
(A) 
For 
operation 
and 
maintenance,
$1,158,290,000.
(B) For plant projects (including mainte-
nance, restoration, planning, construction, ac-
quisition, modification of facilities, and the con-
tinuation of projects authorized in prior years,
and 
land 
acquisition 
related 
thereto),
$98,810,000, to be allocated as follows:
Project 97–D–102, dual-axis radio-
graphic hydrotest facility, Los Alamos Na-
tional Laboratory, Los Alamos, New Mex-
ico, $46,300,000.
Project 96–D–102, stockpile steward-
ship facilities revitalization, Phase VI, var-
ious locations, $19,810,000.
Project 96–D–103, ATLAS, Los Ala-
mos National Laboratory, Los Alamos,
New Mexico, $13,400,000.
Project 96–D–105, contained firing
facility addition, Lawrence Livermore Na-
tional Laboratory, Livermore, California,
$19,300,000.
(2) For inertial fusion, $414,800,000, to be al-
located as follows:
598
(A) 
For 
operation 
and 
maintenance,
$217,000,000.
(B) For the following plant project (includ-
ing maintenance, restoration, planning, con-
struction, acquisition, and modification of facili-
ties, and land acquisition related thereto),
$197,800,000, to be allocated as follows:
Project 96–D–111, national ignition
facility, 
location 
to 
be 
determined,
$197,800,000.
(3) For technology transfer and education,
$61,500,000, to be allocated as follows:
(A) For technology transfer, $52,500,000.
(B) For education, $9,000,000.
(b) STOCKPILE MANAGEMENT.—Funds are hereby
authorized to be appropriated to the Department of En-
ergy for fiscal year 1998 for stockpile management in car-
rying out weapons activities necessary for national secu-
rity programs in the amount of $2,024,150,000, to be allo-
cated as follows:
(1) 
For 
operation 
and 
maintenance,
$1,868,265,000.
(2) For plant projects (including maintenance,
restoration, 
planning, 
construction, 
acquisition,
modification of facilities, and the continuation of
601
weapons activities necessary for national security pro-
grams in the amount of $208,500,000.
SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE
MANAGEMENT.
(a) ENVIRONMENTAL
RESTORATION.—Funds are
hereby authorized to be appropriated to the Department
of Energy for fiscal year 1998 for environmental restora-
tion in carrying out environmental restoration and waste
management activities necessary for national security pro-
grams in the amount of $1,000,973,000, of which
$388,000,000 shall be allocated to the uranium enrich-
ment decontamination and decommissioning fund.
(b) CLOSURE PROJECTS.—Funds are hereby author-
ized to be appropriated to the Department of Energy for
fiscal year 1998 for closure projects carried out in accord-
ance with section 3143 of the National Defense Authoriza-
tion Act for Fiscal Year 1997 (Public Law 104–201; 110
Stat. 2836; 42 U.S.C. 7274n) in the amount of
$905,800,000.
(c) WASTE MANAGEMENT.—Funds are hereby au-
thorized to be appropriated to the Department of Energy
for fiscal year 1998 for waste management in carrying out
environmental restoration and waste management activi-
ties necessary for national security programs in the
amount of $1,536,344,000, to be allocated as follows:
602
(1) 
For 
operation 
and 
maintenance,
$1,455,576,000.
(2) For plant projects (including maintenance,
restoration, 
planning, 
construction, 
acquisition,
modification of facilities, and the continuation of
projects authorized in prior years, and land acquisi-
tion related thereto), $80,768,000, to be allocated as
follows:
Project 98–D–401, H-tank farm storm
water systems upgrade, Savannah River Site,
Aiken, South Carolina, $1,000,000.
Project 97–D–402, tank farm restoration
and safe operations, Richland, Washington,
$13,961,000.
Project 96–D–408, waste management up-
grades, various locations, $8,200,000.
Project 95–D–402, install permanent elec-
trical service, Waste Isolation Pilot Plant,
Carlsbad, New Mexico, $176,000.
Project 95–D–405, industrial landfill V
and construction/demolition landfill VII, Y–12
Plant, Oak Ridge, Tennessee, $3,800,000.
Project 95–D–407, 219–S secondary con-
tainment 
upgrade, 
Richland, 
Washington,
$2,500,000.
603
Project 94–D–404, Melton Valley storage
tank capacity increase, Oak Ridge National
Laboratory, Oak Ridge, Tennessee, $1,219,000.
Project 94–D–407, initial tank retrieval
systems, Richland, Washington, $15,100,000.
Project 93–D–187, high-level waste re-
moval from filled waste tanks, Savannah River
Site, Aiken, South Carolina, $17,520,000.
Project 92–D–172, hazardous waste treat-
ment and processing facility, Pantex Plant,
Amarillo, Texas, $5,000,000.
Project 89–D–174, replacement high-level
waste evaporator, Savannah River Site, Aiken,
South Carolina, $1,042,000.
Project 86–D–103, decontamination and
waste treatment facility, Lawrence Livermore
National Laboratory, Livermore, California,
$11,250,000.
(d) TECHNOLOGY DEVELOPMENT.—Funds are here-
by authorized to be appropriated to the Department of
Energy for fiscal year 1998 for technology development
in carrying out environmental restoration and waste man-
agement activities necessary for national security pro-
grams in the amount of $182,881,000.
604
(e) NUCLEAR MATERIALS
AND FACILITIES STA-
BILIZATION.—Funds are hereby authorized to be appro-
priated to the Department of Energy for fiscal year 1998
for nuclear materials and facilities stabilization in carrying
out environmental restoration and waste management ac-
tivities necessary for national security programs in the
amount of $1,244,021,000, to be allocated as follows:
(1) 
For 
operation 
and 
maintenance,
$1,159,114,000.
(2) For plant projects (including maintenance,
restoration, 
planning, 
construction, 
acquisition,
modification of facilities, and the continuation of
projects authorized in prior years, and land acquisi-
tion related thereto), $84,907,000, to be allocated as
follows:
Project 98–D–453, plutonium stabilization
and handling system for plutonium finishing
plant, Richland, Washington, $8,136,000.
Project 98–D–700, road rehabilitation,
Idaho National Engineering Laboratory, Idaho,
$500,000.
Project 97–D–450, Actinide packaging and
storage facility, Savannah River Site, Aiken,
South Carolina, $18,000,000.
605
Project 97–D–451, B-Plant safety class
ventilation upgrades, Richland, Washington,
$2,000,000.
Project 97–D–470, environmental monitor-
ing laboratory, Savannah River Site, Aiken,
South Carolina, $5,600,000.
Project 97–D–473, health physics site sup-
port facility, Savannah River Site, Aiken, South
Carolina, $4,200,000.
Project 96–D–406, spent nuclear fuels
canister storage and stabilization facility, Rich-
land, Washington, $16,744,000.
Project 96–D–461, electrical distribution
upgrade, Idaho National Engineering Labora-
tory, Idaho, $2,927,000.
Project 96–D–464, electrical and utility
systems upgrade, Idaho Chemical Processing
Plant, Idaho National Engineering Laboratory,
Idaho, $14,985,000.
Project 
96–D–471, 
chlorofluorocarbon
heating, ventilation, and air conditioning and
chiller retrofit, Savannah River Site, Aiken,
South Carolina, $8,500,000.
606
Project 95–D–155, upgrade site road in-
frastructure, Savannah River Site, South Caro-
lina, $2,713,000.
Project 95–D–456, security facilities con-
solidation, Idaho Chemical Processing Plant,
Idaho National Engineering Laboratory, Idaho,
$602,000.
(f) PROGRAM DIRECTION.—Funds are hereby au-
thorized to be appropriated to the Department of Energy
for fiscal year 1998 for program direction in carrying out
environmental restoration and waste management activi-
ties necessary for national security programs in the
amount of $288,251,000.
(g) POLICY AND MANAGEMENT.—Funds are hereby
authorized to be appropriated to the Department of En-
ergy for fiscal year 1998 for policy and management in
carrying out environmental restoration and waste manage-
ment activities necessary for national security programs
in the amount of $20,000,000.
(h) ENVIRONMENTAL SCIENCE PROGRAM.—Funds
are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 1998 for the environmental
science program in carrying out environmental restoration
and waste management activities necessary for national
security programs in the amount of $55,000,000.
607
(i) HANFORD TANK WASTE VITRIFICATION.—Funds
are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 1998 for the Hanford Tank
Waste Vitrification project, subject to the provisions of
section 3145, in the amount of $70,000,000.
(j) ADJUSTMENT.—The total amount authorized to
be appropriated pursuant to this section is the sum of the
amounts authorized to be appropriated in subsections (a)
through (h) reduced by the sum of $20,000,000, to be de-
rived from non-safety-related contractor training expenses.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to
the Department of Energy for fiscal year 1998 for other
defense activities in carrying out programs necessary for
national security in the amount of $1,512,551,000, to be
allocated as follows:
(1) For verification and control technology,
$428,600,000, to be allocated as follows:
(A) For nonproliferation and verification
research and development, $190,000,000.
(B) For arms control, $205,000,000.
(C) For intelligence, $33,600,000.
(2) For nuclear safeguards and security,
$47,200,000.
(3) For security investigations, $25,000,000.
608
(4) For emergency management, $17,000,000.
(5) For program direction, $68,900,000.
(6) For worker and community transition as-
sistance, $22,000,000, to be allocated as follows:
(A) For worker and community transition,
$20,000,000.
(B) For program direction, $2,000,000.
(7) For fissile materials control and disposition,
$103,451,000, to be allocated as follows:
(A) 
For 
operation 
and 
maintenance,
$99,451,000.
(B) For program direction, $4,000,000.
(8) For environment, safety, and health, de-
fense, $73,000,000, to be allocated as follows:
(A) For the Office of Environment, Safety,
and Health (Defense), $63,000,000.
(B) For program direction, $10,000,000.
(9) For the Office of Hearings and Appeals,
$1,900,000.
(10) For nuclear energy, $47,000,000, to be al-
located as follows:
(A) For nuclear technology research and
development 
(electrometallurgical),
$12,000,000.
609
(B) For international nuclear safety (So-
viet-designed reactors), $25,000,000.
(C) For Russian plutonium reactor core
conversion, $10,000,000.
(11) 
For 
naval 
reactors 
development,
$678,500,000, to be allocated as follows:
(A) 
For 
operation 
and 
maintenance,
$648,920,000.
(B) For program direction, $20,080,000.
(C) For plant projects (including mainte-
nance, restoration, planning, construction, ac-
quisition, modification of facilities, and the con-
tinuation of projects authorized in prior years,
and 
land 
acquisition 
related 
thereto),
$9,500,000, to be allocated as follows:
Project 98–D–200, site laboratory/fa-
cility 
upgrade, 
various 
locations,
$1,200,000.
Project 97–D–201, advanced test re-
actor secondary coolant refurbishment,
Idaho National Engineering Laboratory,
Idaho, $4,100,000.
Project 95–D–200, laboratory systems
and hot cell upgrades, various locations,
$1,100,000.
610
Project 90–N–102, expended core fa-
cility dry cell project, Naval Reactors Fa-
cility, Idaho, $3,100,000.
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to
the Department of Energy for fiscal year 1998 for pay-
ment to the Nuclear Waste Fund established in section
302(c) of the Nuclear Waste Policy Act of 1982 (42
U.S.C. 10222(c)) in the amount of $190,000,000.
Subtitle B—Recurring General
Provisions
SEC. 3121. REPROGRAMMING.
(a) IN GENERAL.—Until the Secretary of Energy
submits to the congressional defense committees the re-
port referred to in subsection (b) and a period of 30 days
has elapsed after the date on which such committees re-
ceive the report, the Secretary may not use amounts ap-
propriated pursuant to this title for any program—
(1) in amounts that exceed, in a fiscal year—
(A) 110 percent of the amount authorized
for that program by this title; or
(B) $1,000,000 more than the amount au-
thorized for that program by this title; or
(2) which has not been presented to, or re-
quested of, Congress.
611
(b) REPORT.—(1) The report referred to in sub-
section (a) is a report containing a full and complete state-
ment of the action proposed to be taken and the facts and
circumstances relied upon in support of such proposed ac-
tion.
(2) In the computation of the 30-day period under
subsection (a), there shall be excluded any day on which
either House of Congress is not in session because of an
adjournment of more than 3 days to a day certain.
(c) LIMITATIONS.—(1) In no event may the total
amount of funds obligated pursuant to this title exceed
the total amount authorized to be appropriated by this
title.
(2) Funds appropriated pursuant to this title may not
be used for an item for which Congress has specifically
denied funds.
SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.
(a) IN GENERAL.—The Secretary of Energy may
carry out any construction project under the general plant
projects authorized by this title if the total estimated cost
of the construction project does not exceed $2,000,000.
(b) REPORT TO CONGRESS.—If, at any time during
the construction of any general plant project authorized
by this title, the estimated cost of the project is revised
because of unforeseen cost variations and the revised cost
612
of the project exceeds $2,000,000, the Secretary shall im-
mediately furnish a complete report to the congressional
defense committees explaining the reasons for the cost
variation.
SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.
(a) IN GENERAL.—(1) Except as provided in para-
graph (2), construction on a construction project may not
be started or additional obligations incurred in connection
with the project above the total estimated cost, whenever
the current estimated cost of the construction project,
which is authorized by section 3101, 3102, or 3103, or
which is in support of national security programs of the
Department of Energy and was authorized by any pre-
vious Act, exceeds by more than 25 percent the higher
of—
(A) the amount authorized for the project; or
(B) the amount of the total estimated cost for
the project as shown in the most recent budget jus-
tification data submitted to Congress.
(2) An action described in paragraph (1) may be
taken if—
(A) the Secretary of Energy has submitted to
the congressional defense committees a report on the
actions and the circumstances making such action
necessary; and
613
(B) a period of 30 days has elapsed after the
date on which the report is received by the commit-
tees.
(3) In the computation of the 30-day period under
paragraph (2), there shall be excluded any day on which
either House of Congress is not in session because of an
adjournment of more than 3 days to a day certain.
(b) EXCEPTION.—Subsection (a) shall not apply to
any construction project which has a current estimated
cost of less than $5,000,000.
SEC. 3124. FUND TRANSFER AUTHORITY.
(a) TRANSFER TO OTHER FEDERAL AGENCIES.—
The Secretary of Energy may transfer funds authorized
to be appropriated to the Department of Energy pursuant
to this title to other Federal agencies for the performance
of work for which the funds were authorized. Funds so
transferred may be merged with and be available for the
same purposes and for the same period as the authoriza-
tions of the Federal agency to which the amounts are
transferred.
(b) TRANSFER WITHIN DEPARTMENT OF ENERGY;
LIMITATIONS.—(1) Subject to paragraph (2), the Sec-
retary of Energy may transfer funds authorized to be ap-
propriated to the Department of Energy pursuant to this
title between any such authorizations. Amounts of author-
614
izations so transferred may be merged with and be avail-
able for the same purposes and for the same period as
the authorization to which the amounts are transferred.
(2) Not more than five percent of any such authoriza-
tion may be transferred between authorizations under
paragraph (1). No such authorization may be increased
or decreased by more than five percent by a transfer under
such paragraph.
(3) The authority provided by this section to transfer
authorizations—
(A) may only be used to provide funds for items
relating to weapons activities necessary for national
security programs that have a higher priority than
the items from which the funds are transferred; and
(B) may not be used to provide authority for an
item that has been denied funds by Congress.
(c) NOTICE TO CONGRESS.—The Secretary of Energy
shall promptly notify the Committee on Armed Services
of the Senate and the Committee on National Security of
the House of Representatives of any transfer of funds to
or from authorizations under this title.
SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUC-
TION DESIGN.
(a) REQUIREMENT FOR CONCEPTUAL DESIGN.—(1)
Subject to paragraph (2) and except as provided in para-
615
graph (3), before submitting to Congress a request for
funds for a construction project that is in support of a
national security program of the Department of Energy,
the Secretary of Energy shall complete a conceptual de-
sign for that project. The Secretary shall submit to Con-
gress a report on each conceptual design completed under
this paragraph.
(2) If the estimated cost of completing a conceptual
design for a construction project exceeds $3,000,000, the
Secretary shall submit to Congress a request for funds for
the conceptual design before submitting a request for
funds for the construction project.
(3) The requirement in paragraph (1) does not apply
to a request for funds—
(A) for a construction project the total esti-
mated cost of which is less than $2,000,000; or
(B) for emergency planning, design, and con-
struction activities under section 3126.
(b) AUTHORITY FOR CONSTRUCTION DESIGN.—(1)
Within the amounts authorized by this title, the Secretary
of Energy may carry out construction design (including
architectural and engineering services) in connection with
any proposed construction project if the total estimated
cost for such design does not exceed $600,000.
616
(2) If the total estimated cost for construction design
in connection with any construction project exceeds
$600,000, funds for such design must be specifically au-
thorized by law.
SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DE-
SIGN, AND CONSTRUCTION ACTIVITIES.
(a) AUTHORITY.—The Secretary of Energy may use
any funds available to the Department of Energy pursuant
to an authorization in this title, including those funds au-
thorized to be appropriated for advance planning and con-
struction design under sections 3101, 3102, and 3103, to
perform planning, design, and construction activities for
any Department of Energy national security program con-
struction project that, as determined by the Secretary,
must proceed expeditiously in order to protect public
health and safety, to meet the needs of national defense,
or to protect property.
(b) LIMITATION.—The Secretary may not exercise
the authority under subsection (a) in the case of any con-
struction project until the Secretary has submitted to the
congressional defense committees a report on the activities
that the Secretary intends to carry out under this section
and the circumstances making such activities necessary.
(c) SPECIFIC AUTHORITY.—The requirement of sec-
tion 3125(b)(2) does not apply to emergency planning, de-
617
sign, and construction activities conducted under this sec-
tion.
SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECU-
RITY PROGRAMS OF THE DEPARTMENT OF
ENERGY.
Subject to the provisions of appropriations Acts and
section 3121, amounts appropriated pursuant to this title
for management and support activities and for general
plant projects are available for use, when necessary, in
connection with all national security programs of the De-
partment of Energy.
SEC. 3128. AUTHORITY RELATING TO TRANSFERS OF DE-
FENSE 
ENVIRONMENTAL 
MANAGEMENT
FUNDS.
(a) TRANSFER AUTHORITY FOR DEFENSE ENVIRON-
MENTAL MANAGEMENT FUNDS.—The Secretary of En-
ergy shall provide the manager of each field office of the
Department of Energy with the authority to transfer de-
fense environmental management funds from a program
or project under the jurisdiction of the office to another
such program or project. Any such transfer may be made
only once in a fiscal year to or from a program or project,
and the amount transferred to or from a program or
project may not exceed $5,000,000 in a fiscal year.
618
(b) DETERMINATION.—A transfer may not be carried
out by a manager of a field office pursuant to the author-
ity provided under subsection (a) unless the manager de-
termines that such transfer is necessary to address a risk
to health, safety, or the environment or to assure the most
efficient use of defense environmental management funds
at that field office.
(c) EXEMPTION FROM REPROGRAMMING REQUIRE-
MENTS.—The requirements of section 3121 shall not
apply to transfers of funds pursuant to subsection (a).
(d) NOTIFICATION.—The Secretary of Energy, acting
through the Assistant Secretary of Energy for Environ-
mental Management, shall notify Congress of any transfer
of funds pursuant to subsection (a) not later than 30 days
after such a transfer occurs.
(e) LIMITATION.—Funds transferred pursuant to
subsection (a) may not be used for an item for which Con-
gress has specifically denied funds or for a new program
or project that has not been authorized by Congress.
(f) DEFINITIONS.—In this section:
(1) The term ‘‘program or project’’ means, with
respect to a field office of the Department of En-
ergy, any of the following:
(A) A project listed in subsection (b) or (e)
of section 3102 being carried out by the office.
619
(B) A program referred to in subsection
(a), (b), (c), (e), or (g) of section 3102 being
carried out by the office.
(C) A project or program not described in
subparagraph (A) or (B) that is for environ-
mental restoration or waste management activi-
ties necessary for national security programs of
the Department of Energy, that is being carried
out by the office, and for which defense envi-
ronmental management funds have been au-
thorized and appropriated before the date of the
enactment of this Act.
(2) The term ‘‘defense environmental manage-
ment funds’’ means funds appropriated to the De-
partment of Energy pursuant to an authorization for
carrying out environmental restoration and waste
management activities necessary for national secu-
rity programs.
(g) DURATION OF AUTHORITY.—The authority pro-
vided under subsection (a) to a manager of a field office
shall be in effect for the period beginning on October 1,
1997, and ending on September 30, 1998.
620
Subtitle 
C—Program 
Authoriza-
tions, Restrictions, and Limita-
tions
SEC. 3131. BALLISTIC MISSILE DEFENSE NATIONAL LAB-
ORATORY PROGRAM.
(a) PROGRAM.—The Secretary of Energy shall estab-
lish a program for purposes of making available to the
Secretary of Defense the expertise of the national labora-
tories for the ballistic missile defense programs of the De-
partment of Defense.
(b) TASK FORCE.—The Secretary of Energy shall
conduct the program through a task force consisting of
the directors of the Los Alamos National Laboratory, the
Sandia National Laboratories, and the Lawrence Liver-
more National Laboratory. The chairmanship of the task
force shall rotate each year among the directors of the lab-
oratories. The director of the Lawrence Livermore Na-
tional Laboratory shall serve as the first chairman.
(c) ACTIVITIES.—Under the program, the national
laboratories shall carry out those activities necessary to
respond to requests for assistance from the Secretary of
Defense with respect to the ballistic missile defense pro-
grams of the Department of Defense. Such activities may
include the identification of technical modifications and
test techniques, the analysis of physics problems, the con-
621
solidation of range and test activities, and the analysis and
simulation of theater missile defense deployment problems.
(d) FUNDING.—Of the amounts authorized to be ap-
propriated by section 3101(a)(1), $50,000,000 shall be
available only for the program authorized by this section.
Subtitle D—Other Matters
SEC. 3141. PLAN FOR STEWARDSHIP, MANAGEMENT, AND
CERTIFICATION OF WARHEADS IN THE NU-
CLEAR WEAPONS STOCKPILE.
(a) PLAN REQUIREMENT.—The Secretary of Energy
shall develop and annually update a plan for maintaining
the nuclear weapons stockpile. The plan shall cover, at a
minimum, stockpile stewardship, stockpile management,
and program direction and shall be consistent with the
programmatic and technical requirements of the most re-
cent annual Nuclear Weapons Stockpile Memorandum.
(b) PLAN ELEMENTS.—The plan and each update of
the plan shall set forth the following:
(1) The number of warheads (including active
and inactive warheads) for each type of warhead in
the nuclear weapons stockpile.
(2) The current age of each warhead type, and
any plans for stockpile lifetime extensions and modi-
fications or replacement of each warhead type.
622
(3) The process by which the Secretary of En-
ergy is assessing the lifetime, and requirements for
lifetime extension or replacement, of the nuclear and
nonnuclear components of the warheads (including
active and inactive warheads) in the nuclear weapons
stockpile.
(4) The process used in recertifying the safety,
security, and reliability of each warhead type in the
nuclear weapons stockpile.
(5) Any concerns which would affect the ability
of the Secretary of Energy to recertify the safety,
security, or reliability of warheads in the nuclear
weapons stockpile (including active and inactive war-
heads).
(c) ANNUAL SUBMISSION OF PLAN TO CONGRESS.—
The Secretary of Energy shall submit to Congress the plan
developed under subsection (a) not later than March 15,
1998, and shall submit an updated version of the plan not
later than March 15 of each year thereafter. The plan
shall be submitted in both classified and unclassified form.
(d) REPEAL OF SUPERSEDED REQUIREMENTS.—The
following provisions of law are repealed:
(1) Subsection (d) of section 3138 of the Na-
tional Defense Authorization Act for Fiscal Year
623
1994 (Public Law 103–160; 107 Stat. 1947; 42
U.S.C. 2121 note).
(2) Section 3153 of the National Defense Au-
thorization Act for Fiscal Year 1996 (Public Law
104–106; 110 Stat. 624; 42 U.S.C. 2121 note).
(3) Section 3159 of the National Defense Au-
thorization Act for Fiscal Year 1996 (Public Law
104–106; 110 Stat. 626; 42 U.S.C. 7271b note).
(4) Section 3156 of the National Defense Au-
thorization Act for Fiscal Year 1997 (Public Law
104–201; 110 Stat. 2841; 42 U.S.C. 7271c).
SEC. 3142. REPEAL OF OBSOLETE REPORTING REQUIRE-
MENTS.
The following provisions of law are repealed:
(1) Subsection (e) of section 1436 of the Na-
tional Defense Authorization Act, Fiscal Year 1989
(Public Law 100–456; 102 Stat. 2075; 42 U.S.C.
2121 note).
(2) Section 3143 of the National Defense Au-
thorization Act for Fiscal Years 1990 and 1991
(Public Law 101–189; 103 Stat. 1681; 42 U.S.C.
7271a).
(3) Section 3134 of the National Defense Au-
thorization Act for Fiscal Year 1993 (Public Law
102–484; 106 Stat. 2639).
624
SEC. 3143. STUDY AND FUNDING RELATING TO IMPLEMEN-
TATION OF WORKFORCE RESTRUCTURING
PLANS.
(a) STUDY REQUIREMENT.—The Secretary of En-
ergy shall conduct a study on the effects of workforce re-
structuring plans for defense nuclear facilities developed
pursuant to section 3161 of the National Defense Author-
ization Act for Fiscal Year 1993 (42 U.S.C. 7274h).
(b) MATTERS COVERED BY STUDY.— The study shall
cover the four-year period preceding the date of the enact-
ment of this Act and shall include the following:
(1) An analysis of the number of jobs created
under workforce restructuring plans developed pur-
suant to section 3161 of the National Defense Au-
thorization Act for Fiscal Year 1993 (42 U.S.C.
7274h).
(2) An analysis of other benefits provided pur-
suant to such plans and through community reuse
organizations.
(3) A description of the funds expended, and
the funds obligated but not expended, pursuant to
such plans as of the date of the report.
(4) A description of the criteria used since Oc-
tober 23, 1992, in providing assistance pursuant to
such plans.
625
(5) A comparison of the benefits provided pur-
suant to such plans—
(A) to employees whose employment at fa-
cilities covered by such plans is terminated; and
(B) to employees whose employment at fa-
cilities where more than 50 percent of the reve-
nues are derived from contracts with the De-
partment of Defense is terminated.
(c) CONDUCT OF STUDY.—(1) The study shall be
conducted through a contract with a private auditing firm
with which the Department of Energy has no other audit-
ing contracts.
(2)(A) The Secretary of Energy may not enter into
the contract for the conduct of the study until—
(i) the Secretary submits a notification of the
proposed contract award to the congressional de-
fense committees; and
(ii) a period of 30 days of continuous session of
Congress has expired following the date on which
the notification is submitted.
(B) For purposes of subparagraph (A)(ii), the con-
tinuity of a session of Congress is broken only by an ad-
journment of the Congress sine die, and the days on which
either House is not in session because of an adjournment
626
of more than three days to a day certain are excluded in
the computation of such 30-day period.
(3) The Secretary of Energy shall ensure that the
firm conducting the study is provided access to all docu-
ments in the possession of the Department of Energy that
are relevant to the study, including documents in the pos-
session of the Inspector General of the Department of En-
ergy.
(d) REPORT ON STUDY.—The Secretary of Energy
shall submit a report to Congress on the results of the
study not later than January 30, 1998.
(e) FUNDING.—In addition to amounts available pur-
suant to the authorization of appropriations in section
3103(6), the Secretary of Energy may use an amount not
exceeding 
$44,000,000 
for 
implementation 
of 
the
workforce restructuring plans for contractor employees, to
be derived from excess unobligated and available funds.
(f) REVISIONS TO DEFENSE NUCLEAR FACILITIES
WORKFORCE RESTRUCTURING PLAN REQUIREMENTS.—
(1) REVISION OF PERIOD FOR NOTIFICATION
OF
CHANGES
IN
WORKFORCE.—Section
3161(c)(1)(B) of the National Defense Authoriza-
tion Act for Fiscal Year 1993 (42 U.S.C.
7274h(c)(1)(B)) is amended by striking out ‘‘120’’
and inserting in lieu thereof ‘‘90’’.
627
(2) REPEAL
OF
REQUIREMENT
FOR
SUBMIS-
SION TO CONGRESS.—Subsection (f) of section 3161
of such Act is repealed.
(3) PROHIBITION
ON
USE
OF
FUNDS
FOR
LOCAL IMPACT ASSISTANCE.—None of the funds au-
thorized to be appropriated to the Department of
Energy pursuant to section 3103(6) may be used for
local impact assistance from the Department of En-
ergy under section 3161(c)(6) of such Act (42
U.S.C. 7274h(c)(6)) until—
(A) with respect to assistance referred to
in section 3161(c)(6)(A) of such Act, the Sec-
retary of Energy coordinates with and obtains
approval of the Secretary of Labor; and
(B) with respect to assistance referred to
in section 3161(c)(6)(C) of such Act, the Sec-
retary of Energy coordinates with and obtains
approval of the Secretary of Commerce.
(4) SEMIANNUAL
REPORT
TO
CONGRESS
OF
LOCAL IMPACT ASSISTANCE.—Every six months the
Secretary of Energy shall submit to Congress a re-
port setting forth a description of, and the value of,
all local impact assistance provided under section
3161(c)(6) of such Act.
628
(g) EFFECT ON USEC PRIVATIZATION ACT.—Noth-
ing in this section shall be construed as diminishing the
obligations of the Secretary of Energy under section
3110(a)(5) of the USEC Privatization Act (Public Law
104–134; 110 Stat. 1321–341; 42 U.S.C. 2297h–8(a)(5)).
(h) DEFINITIONS.—In this section:
(1) The term ‘‘defense nuclear facility’’ has the
meaning provided the term ‘‘Department of Energy
defense nuclear facility’’ in section 3163 of the Na-
tional Defense Authorization Act for Fiscal Year
1993 ( Public Law 102–484; 42 U.S.C. 7274j).
(2) The term ‘‘contractor employee’’ means an
employee of a contractor or subcontractor of the De-
partment of Energy at a defense nuclear facility.
SEC. 3144. EXTENSION OF AUTHORITY FOR APPOINTMENT
OF CERTAIN SCIENTIFIC, ENGINEERING, AND
TECHNICAL PERSONNEL.
Section 3161 of the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat.
3095; 42 U.S.C. 7231 note) is amended—
(1) by striking out subsection (c); and
(2) in subsection (d)(1), by striking out ‘‘1997’’
and inserting in lieu thereof ‘‘1999’’.
629
SEC. 3145. REPORT ON PROPOSED CONTRACT FOR HAN-
FORD TANK WASTE VITRIFICATION PROJECT.
(a) PRIOR NOTICE TO CONGRESSIONAL DEFENSE
COMMITTEES BEFORE ENTERING INTO CONTRACT.—(1)
The Secretary of Energy may not enter into a contract
for the Hanford Tank Waste Vitrification project until—
(A) the Secretary submits a report on the pro-
posed contract to the congressional defense commit-
tees; and
(B) a period of 30 days of continuous session
of Congress has expired following the date on which
the report is submitted.
(2) For purposes of paragraph (1)(B), the continuity
of a session of Congress is broken only by an adjournment
of the Congress sine die, and the days on which either
House is not in session because of an adjournment of more
than three days to a day certain are excluded in the com-
putation of such 30-day period.
(b) REPORT.—A report under subsection (a)(1) shall
include the following:
(A) A description of the activities to be carried
out under the contract.
(B) A description of the funds expended, and
the funds obligated but not expended, as of the date
of the report on remediation of Hanford tank waste
since 1989.
630
(C) A description of the contractual and finan-
cial aspects of the contract, including any provisions
relating to the risk of nonperformance and risk as-
sumption by the United States and the contractor or
contractors.
(D) An analysis of the cost to the United States
of the proposed contract, including a detailed analy-
sis of the annual budget authority and outlay re-
quirements for the life of the project.
(E) If the proposed contract contemplates con-
struction of two projects, an analysis of the basis for
the selection of the two projects, and a detailed anal-
ysis of the costs to the United States of two projects
compared to the costs to the United States of one
project.
(F) If the proposed contract provides for fi-
nancing of the project (or projects) by an entity or
entities other than the United States, a detailed
analysis of the costs of such financing compared to
the costs of financing the project (or projects) by the
United States.
SEC. 3146. LIMITATION ON CONDUCT OF SUBCRITICAL NU-
CLEAR WEAPONS TESTS.
The Secretary of Energy may not conduct any sub-
critical nuclear weapons tests using funds available to the
631
Secretary for fiscal year 1998 until 30 days after the Sec-
retary submits to the Committee on Armed Services of the
Senate and the Committee on National Security of the
House of Representatives a detailed report on the manner
in which funds available to the Secretary for fiscal years
1996 and 1997 to conduct such tests were used.
SEC. 3147. LIMITATION ON USE OF CERTAIN FUNDS UNTIL
FUTURE USE PLANS ARE SUBMITTED.
(a) LIMITATION.—The Secretary of Energy may not
use more than 80 percent of the funds available to the
Secretary pursuant to the authorization of appropriations
in section 3102(f) (relating to policy and management)
until the Secretary submits the plans described in sub-
section (b).
(b) PLANS.—The plans referred to in subsection (a)
are the draft future use plan and the final future use plan
required under section 3153(f) of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104–
201; 110 Stat. 2840; 42 U.S.C. 7274k).
SEC. 3148. PLAN FOR EXTERNAL OVERSIGHT OF NATIONAL
LABORATORIES.
(a) PLAN REQUIREMENT.—The Secretary of Energy,
acting through the Assistant Secretary for Defense Pro-
grams, shall develop a plan for the external oversight of
the national laboratories.
632
(b) PLAN ELEMENTS.—The plan shall—
(1) provide for the establishment of an external
oversight committee comprised of representatives of
industry and academia for the purpose of making
recommendations to the Secretary of Energy and the
congressional defense committees on the productivity
of the laboratories and on the excellence, relevance,
and appropriateness of the research conducted by
the laboratories; and
(2) provide for the establishment of a competi-
tive peer review process for funding basic research at
the laboratories.
(c) SUBMISSION TO CONGRESS.—The Secretary of
Energy shall submit the plan to the congressional defense
committees not later than 120 days after the date of the
enactment of this Act.
(d) NATIONAL LABORATORIES COVERED.—For pur-
poses of this section, the national laboratories are—
(1) the Lawrence Livermore National Labora-
tory, Livermore, California;
(2) the Los Alamos National Laboratory, Los
Alamos, New Mexico;
(3) the Sandia National Laboratories, Albu-
querque, New Mexico; and
(4) the Nevada Test Site.
633
SEC. 3149. UNIVERSITY-BASED RESEARCH CENTER.
(a) FINDINGS.—The Congress finds the following:
(1) The maintenance of scientific and engineer-
ing competence in the United States is vital to long-
term national security and the defense and national
security missions of the Department of Energy.
(2) Engaging the universities and colleges of
the Nation in research on long-range problems of
vital national security interest will be critical to solv-
ing the technology challenges faced within the de-
fense and national programs of the Department of
Energy in the next century.
(3) Enhancing collaboration among the national
laboratories, universities and colleges, and industry
will contribute significantly to the performance of
these Department of Energy missions.
(b) CENTER.—The Secretary of Energy shall estab-
lish a university-based research center at a location that
can develop the most effective collaboration among na-
tional laboratories, universities and colleges, and industry
in support of scientific and engineering advancement in
key Department of Energy defense program areas.
(c) FUNDING.—Of the funds authorized to be appro-
priated to the Department of Energy in fiscal year 1998,
the Secretary shall make $5,000,000 available for the es-
tablishment and operation of the Center.
634
SEC. 3150. STOCKPILE STEWARDSHIP PROGRAM.
(a) FINDINGS.—Congress finds the following:
(1) Eliminating the threat posed by nuclear
weapons to the United States is an important na-
tional security goal.
(2) As long as nuclear threats remain, the nu-
clear deterrent of the United States must be effec-
tive and reliable.
(3) A safe, secure, effective, and reliable United
States nuclear stockpile is central to the current nu-
clear deterrence strategy of the United States.
(4) The Secretary of Energy has undertaken a
stockpile stewardship and management program to
ensure the safety, security, effectiveness, and reli-
ability of the nuclear weapons stockpile of the Unit-
ed States, consistent with all United States treaty
requirements and the requirements of the nuclear
deterrence strategy of the United States.
(5) It is the policy of the current administration
that new nuclear weapon designs are not required to
effectively implement the nuclear deterrence strategy
of the United States.
(b) POLICY.—It is the policy of the United States
that—
(1) activities of the stockpile stewardship pro-
gram shall be directed toward ensuring that the
635
United States possesses a safe, secure, effective, and
reliable nuclear stockpile, consistent with the na-
tional security requirements of the United States;
and
(2) stockpile stewardship activities of the Unit-
ed States shall be conducted in conformity with the
terms of the Treaty on the Non-Proliferation of Nu-
clear Weapons (TIAS 6839) and the Comprehensive
Test Ban Treaty signed by the President on Sep-
tember 24, 1996, when and if that treaty enters into
force.
SEC. 3151. REPORTS ON ADVANCED SUPERCOMPUTER
SALES TO CERTAIN FOREIGN NATIONS.
(a) REPORTS.—The Secretary of Energy shall re-
quire that any company that is a participant in the Accel-
erated Strategic Computing Initiative (ASCI) program of
the Department of Energy report to the Secretary and to
the Secretary of Defense each sale by that company to
a country designated as a Tier III country of a computer
capable of operating at a speed in excess of 2,000 millions
theoretical operations per second (MTOPS). The report
shall include a description of the following with respect
to each such sale:
(1) The anticipated end-use of the computer
sold.
636
(2) The software included with the computer.
(3) Any arrangement under the terms of the
sale regarding—
(A) upgrading the computer;
(B) servicing of the computer; or
(C) the furnishing of spare parts for the
computer.
(b) COVERED COUNTRIES.—For purposes of this sec-
tion, the countries designated as Tier III countries are the
countries listed as ‘‘computer tier 3’’ eligible countries in
part 740.7 of title 15 of the Code of Federal Regulations,
as in effect on June 10, 1997 (or any successor list).
(c) QUARTERLY SUBMISSION
OF REPORTS.—The
Secretary of Energy shall require that reports under sub-
section (a) be submitted quarterly.
(d) ANNUAL REPORT.—The Secretary of Energy
shall submit to Congress an annual report containing all
information received under subsection (a) during the pre-
ceding year. The first annual report shall be submitted
not later than July 1, 1998.
SEC. 3152. TRANSFERS OF REAL AND PERSONAL PROPERTY
AT CERTAIN DEPARTMENT OF ENERGY FA-
CILITIES.
(a) TRANSFER GUIDELINES.—(1) The Secretary of
Energy shall issue guidelines for the transfer by sale or
637
lease of real and personal property at Department of En-
ergy defense nuclear facilities in consultation with the
community reuse organizations associated with the facili-
ties and the local governments within whose jurisdiction
the facilities are located. The Secretary shall issue the
guidelines not later than 90 days after the date of the
enactment of this Act.
(2)(A) The Secretary of Energy may not transfer real
or personal property under the guidelines issued under
paragraph (1) until—
(i) the Secretary submits a notification of the
proposed transfer to the congressional defense com-
mittees; and
(ii) a period of 30 days of continuous session of
Congress has expired following the date on which
the notification is submitted.
(B) For purposes of subparagraph (A)(ii), the con-
tinuity of a session of Congress is broken only by an ad-
journment of the Congress sine die, and the days on which
either House is not in session because of an adjournment
of more than three days to a day certain are excluded in
the computation of such 30-day period.
(b) INDEMNIFICATION.—(1) In the sale or lease of
real or personal property pursuant to the guidelines issued
under subsection (a), the Secretary of Energy may indem-
638
nify a transferee against an action for injury to person
or property resulting from the release or threatened re-
lease of a hazardous substance or pollutant or contami-
nant as a result of Department of Energy activities. Be-
fore such a sale or lease, the Secretary shall notify the
transferee that the Secretary has authority to provide in-
demnification to the transferee under this subsection. The
Secretary shall include in an agreement for such a sale
or lease a provision addressing indemnification for such
an action.
(2) Nothing in this section shall be construed as af-
fecting or modifying in any way section 120(h) of the
Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9620(h)).
(c) DEFINITIONS.—In this section:
(1) The term ‘‘Department of Energy defense
nuclear facility’’ has the meaning provided by sec-
tion 318 of the Atomic Energy Act of 1954 (42
U.S.C. 2286g).
(2) The term ‘‘transferee’’ means a person to
which real property is transferred pursuant to the
guidelines issued under subsection (a).
(3) The terms ‘‘hazardous substance’’, ‘‘re-
lease’’, and ‘‘pollutant or contaminant’’ have the
meanings provided by section 101 of the Comprehen-
639
sive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601).
SEC. 3153. REQUIREMENT TO DELEGATE CERTAIN AU-
THORITIES TO SITE MANAGER OF HANFORD
RESERVATION.
Section 3173(b) of the National Defense Authoriza-
tion Act for Fiscal Year 1997 (Public Law 104–201; 110
Stat. 2848; 42 U.S.C. 7274k) is amended—
(1) in paragraph (1), by striking out ‘‘In addi-
tion’’ and inserting in lieu thereof ‘‘Except as pro-
vided in paragraph (5), in addition’’; and
(2) by adding at the end the following new
paragraph:
‘‘(5) In the case of the Hanford Reservation, Rich-
land, Washington, the Secretary shall delegate to the Site
Manager the authority described in paragraph (1). The
Secretary may withdraw the delegated authority if the
Secretary—
‘‘(A) determines that the Site Manager of the
Hanford Reservation has misused or misapplied that
authority; and
‘‘(B) the Secretary submits to Congress a noti-
fication of the Secretary’s intent to withdraw the au-
thority.’’.
640
TITLE 
XXXII—DEFENSE 
NU-
CLEAR 
FACILITIES 
SAFETY
BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal
year 1998, $17,500,000 for the operation of the Defense
Nuclear Facilities Safety Board under chapter 21 of the
Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.).
SEC. 3202. PLAN FOR TRANSFER OF FACILITIES FROM JU-
RISDICTION OF DEFENSE NUCLEAR FACILI-
TIES SAFETY BOARD TO JURISDICTION OF
NUCLEAR REGULATORY COMMISSION.
(a) PLAN REQUIREMENT.—(1) The Defense Nuclear
Facilities Safety Board (in this section referred to as the
‘‘Board’’) shall develop, in consultation with the Secretary
of Energy and the Nuclear Regulatory Commission, a plan
for—
(A) increasing the authority of the Nuclear
Regulatory Commission to include the regulation of
Department of Energy defense nuclear facilities; and
(B) decreasing or eliminating the functions of
the Board with respect to such facilities under chap-
ter 21 of the Atomic Energy Act of 1954 (42 U.S.C.
2286 et seq.).
641
(2) The plan shall be submitted to Congress not later
than six months after the date of the enactment of this
Act.
(b) PLAN ELEMENTS.—The plan shall include the
following:
(1) A list of facilities as described in subsection
(c).
(2) A schedule for the orderly transfer of such
facilities from the jurisdiction of the Board to the
jurisdiction of the Nuclear Regulatory Commission.
(3) Recommendations on the order in which the
facilities should be transferred, including such rec-
ommendations as the Board considers appropriate
with respect to the suitability of the various facilities
for transfer and the appropriateness for the various
facilities of the schedule for conducting the transfer.
(4) Such other provisions as the Board consid-
ers necessary to carry out an orderly transfer under
paragraph (2).
(c) LIST OF FACILITIES.—The plan shall contain a
list of all Department of Energy defense nuclear facilities,
grouped according to the following criteria:
(1) Facilities that are similar to facilities regu-
lated by the Nuclear Regulatory Commission on the
date of the enactment of this Act.
642
(2) Facilities that are in compliance with De-
partment of Energy nuclear safety requirements and
Board recommendations in existence on the date of
the enactment of this Act.
(3) Facilities the regulation of which would in-
volve the Nuclear Regulatory Commission in unique
national security interests, including the classified
design and configuration of a nuclear weapon or ex-
plosive device.
(d) FACILITY DEFINED.—In this section, the term
‘‘Department of Energy defense nuclear facility’’ has the
meaning provided by section 318 of the Atomic Energy
Act of 1954 (42 U.S.C. 2286g), except that the term in-
cludes such a facility that is under construction or is
planned by the Secretary of Energy to be constructed.
(e) REPEAL OF PROHIBITION ON USE OF FUNDS.—
Section 210 of the Department of Energy National Secu-
rity and Military Applications of Nuclear Energy Author-
ization Act of 1981 (42 U.S.C. 7272) is repealed.
TITLE XXXIII—NATIONAL
DEFENSE STOCKPILE
SEC. 3301. AUTHORIZED USES OF STOCKPILE FUNDS.
(a) OBLIGATION OF STOCKPILE FUNDS.—During fis-
cal year 1998, the National Defense Stockpile Manager
may obligate up to $73,000,000 of the funds in the Na-
643
tional Defense Stockpile Transaction Fund for the author-
ized uses of such funds under section 9(b)(2) of the Stra-
tegic and Critical Materials Stock Piling Act (50 U.S.C.
98h(b)(2)).
(b) ADDITIONAL OBLIGATIONS.—The National De-
fense Stockpile Manager may obligate amounts in excess
of the amount specified in subsection (a) if the National
Defense Stockpile Manager notifies Congress that extraor-
dinary or emergency conditions necessitate the additional
obligations. The National Defense Stockpile Manager may
make the additional obligations described in the notifica-
tion after the end of the 45-day period beginning on the
date Congress receives the notification.
(c) LIMITATIONS.—The authorities provided by this
section shall be subject to such limitations as may be pro-
vided in appropriations Acts.
SEC. 3302. DISPOSAL OF BERYLLIUM COPPER MASTER
ALLOY IN NATIONAL DEFENSE STOCKPILE.
(a) DISPOSAL AUTHORIZATION.—Pursuant to section
5(b) of the Strategic and Critical Materials Stock Piling
Act (50 U.S.C. 98d(b)), the National Defense Stockpile
Manager may dispose of all beryllium copper master alloy
from the National Defense Stockpile provided for in sec-
tion 4 of such Act (50 U.S.C. 98c) as part of continued
efforts to modernize the Stockpile.
644
(b) PRECONDITION FOR DISPOSAL.—Before begin-
ning the disposal of beryllium copper master alloy under
subsection (a), the National Defense Stockpile Manager
shall certify to Congress that the disposal of beryllium cop-
per master alloy will not adversely affect the capability of
the National Defense Stockpile to supply the strategic and
critical material needs of the United States.
(c) CONSULTATION WITH MARKET IMPACT COMMIT-
TEE.—In disposing of beryllium copper master alloy under
subsection (a), the National Defense Stockpile Manager
shall consult with the Market Impact Committee estab-
lished under section 10(c) of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98h–1(c)) to ensure
that the disposal of beryllium copper master alloy does not
disrupt the domestic beryllium industry.
(d) EXTENDED SALES CONTRACTS.—The National
Defense Stockpile Manager shall provide for the use of
long-term sales contracts for the disposal of beryllium cop-
per master alloy under subsection (a) so that the domestic
beryllium industry can re-absorb this material into the
market in a gradual and nondisruptive manner. However,
no such contract shall provide for the disposal of beryllium
copper master alloy over a period longer than eight years,
beginning on the date of the commencement of the first
contract under this section.
645
(e) RELATIONSHIP TO OTHER DISPOSAL AUTHOR-
ITY.—The disposal authority provided in subsection (a) is
new disposal authority and is in addition to, and shall not
affect, any other disposal authority provided by law re-
garding beryllium copper master alloy.
(f) BERYLLIUM
COPPER
MASTER
ALLOY
DE-
FINED.—For purposes of this section, the term ‘‘beryllium
copper master alloy’’ means an alloy of nominally four per-
cent beryllium in copper.
SEC. 3303. DISPOSAL OF TITANIUM SPONGE IN NATIONAL
DEFENSE STOCKPILE.
(a) DISPOSAL REQUIRED.—Subject to subsection (b),
the National Defense Stockpile Manager shall dispose of
34,800 short tons of titanium sponge contained in the Na-
tional Defense Stockpile provided for in section 4 of the
Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98c) and excess to stockpile requirements.
(b) CONSULTATION WITH MARKET IMPACT COMMIT-
TEE.—In disposing of titanium sponge under subsection
(a), the National Defense Stockpile Manager shall consult
with the Market Impact Committee established under sec-
tion 10(c) of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98h–1(c)) to ensure that the dis-
posal of titanium sponge does not disrupt the domestic
titanium industry.
646
(c) RELATIONSHIP TO OTHER DISPOSAL AUTHOR-
ITY.—The disposal authority provided in subsection (a) is
new disposal authority and is in addition to, and shall not
affect, any other disposal authority provided by law re-
garding titanium sponge.
SEC. 3304. CONDITIONS ON TRANSFER OF STOCKPILED
PLATINUM RESERVES FOR TREASURY USE.
(a) IMPOSITION OF CONDITIONS.—Any transfer of
platinum contained in the National Defense Stockpile pro-
vided for in section 4 of the Strategic and Critical Mate-
rials Stock Piling Act (50 U.S.C. 98c) to the Secretary
of the Treasury for use to mint and issue bullion and proof
platinum coins or for any other purpose shall be subject
to the conditions contained in this section.
(b) YEARLY LIMITATION.—The quantity of platinum
transferred from the stockpile to the Secretary of the
Treasury may not exceed 200,000 troy ounces during any
fiscal year, of which not more than 81,600 troy ounces
per year may be platinum of the highest quality specifica-
tion.
(c) REPLACEMENT UPON NOTICE.—The Secretary of
the Treasury shall replace platinum received from the
stockpile within one year after receiving notice from the
Secretary of Defense specifying the quantity and quality
647
of transferred platinum to be replaced and the need for
replacement.
(d) COSTS.—Any transfer of platinum from the
stockpile to the Secretary of the Treasury shall be made
without the expenditure of any funds available to the De-
partment of Defense. The Secretary of the Treasury shall
be responsible for all costs incurred in connection with the
transfer, subsequent to the transfer, or in connection with
the replacement of the transferred platinum, such as
transportation, storage, testing, refining, or casting costs.
SEC. 3305. RESTRICTIONS ON DISPOSAL OF CERTAIN MAN-
GANESE FERRO.
(a) REQUIREMENT FOR REMELTING BY DOMESTIC
FERROALLOY
PRODUCERS.—High carbon manganese
ferro in the National Defense Stockpile that does not meet
the National Defense Stockpile classification of Grade
One, Specification 30(a), as revised May 22, 1992, may
be sold only for remelting by a domestic ferroalloy pro-
ducer unless the President determines that a domestic
ferroalloy producer is not available to acquire the material.
After the date of the enactment of this Act, the President
may not reclassify high carbon manganese ferro stored in
the National Defense Stockpile as of that date.
(b) DOMESTIC FERROALLOY PRODUCER DEFINED.—
For purposes of this section, the term ‘‘domestic ferroalloy
648
producer’’ means a company or other business entity that,
as determined by the President—
(1) is engaged in operations to upgrade man-
ganese ores of metallurgical grade or manganese
ferro; and
(2) conducts a significant level of its research,
development, engineering, and upgrading operations
in the United States.
(c) CONSULTATION WITH MARKET IMPACT COMMIT-
TEE.—In disposing of high carbon manganese ferro in the
National Defense Stockpile, the National Defense Stock-
pile Manager shall consult with the Market Impact Com-
mittee established under section 10(c) of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98h–1(c))
to ensure that the disposal of high carbon manganese ferro
does not disrupt the domestic manganese ferro industry.
(d) CONFORMING REPEAL.—Section 3304 of the Na-
tional Defense Authorization Act for Fiscal Year 1996
(Public Law 104–106; 110 Stat. 629) is repealed.
SEC. 3306. REQUIRED PROCEDURES FOR DISPOSAL OF
STRATEGIC AND CRITICAL MATERIALS.
Section 6(b) of the Strategic and Critical Materials
Stock Piling Act (50 U.S.C. 98e(b)) is amended in the
first sentence by striking out ‘‘materials from the stockpile
shall be made by formal advertising or competitive nego-
649
tiation procedures.’’ and inserting in lieu thereof ‘‘strate-
gic and critical materials from the stockpile shall be made
in accordance with the next sentence.’’.
TITLE XXXIV—NAVAL
PETROLEUM RESERVES
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
There is hereby authorized to be appropriated to the
Secretary of Energy $117,000,000 for fiscal year 1998 for
the purpose of carrying out activities under chapter 641
of title 10, United States Code, relating to the naval petro-
leum reserves (as defined in section 7420(2) of such title).
Funds appropriated pursuant to such authorization shall
remain available until expended.
SEC. 3402. PRICE REQUIREMENT ON SALE OF CERTAIN PE-
TROLEUM DURING FISCAL YEAR 1998.
Notwithstanding section 7430(b)(2) of title 10, Unit-
ed States Code, during fiscal year 1998, any sale of any
part of the United States share of petroleum produced
from Naval Petroleum Reserves Numbered 1, 2, and 3
shall be made at a price not less than 90 percent of the
current sales price, as estimated by the Secretary of En-
ergy, of comparable petroleum in the same area.
650
SEC. 3403. TERMINATION OF ASSIGNMENT OF NAVY OFFI-
CERS TO OFFICE OF NAVAL PETROLEUM AND
OIL SHALE RESERVES.
(a) 
TERMINATION
OF
ASSIGNMENT
REQUIRE-
MENT.—Section 2 of Public Law 96–137 (42 U.S.C.
7156a) is repealed.
(b) EFFECT ON EXISTING ASSIGNMENTS.—In the
case of an officer of the Navy assigned, as of the date
of the enactment of this Act, to a management position
within the Office of Naval Petroleum and Oil Shale Re-
serves, the Secretary of the Navy may continue such as-
signment notwithstanding the repeal of section 2 of Public
Law 96–137 (42 U.S.C. 7156a), except that such assign-
ment may not extend beyond the date of the sale of Naval
Petroleum Reserve Numbered 1 (Elk Hills) pursuant to
subtitle B of title XXXIV of the National Defense Author-
ization Act for Fiscal Year 1996 (Public Law 104–106;
10 U.S.C. 7420 note).
SEC. 3404. TRANSFER OF JURISDICTION, NAVAL OIL SHALE
RESERVES NUMBERED 1 AND 3.
(a) TRANSFER REQUIRED.—Chapter 641 of title 10,
United States Code, is amended by adding at the end the
following new section:
651
‘‘§ 7439. Certain oil shale reserves: transfer of juris-
diction and petroleum exploration, devel-
opment, and production
‘‘(a) TRANSFER REQUIRED.—(1) Upon the enact-
ment of this section, the Secretary of Energy shall trans-
fer to the Secretary of the Interior administrative jurisdic-
tion over all public domain lands included within Oil Shale
Reserve Numbered 1 and those public domain lands in-
cluded within the undeveloped tracts of Oil Shale Reserve
Numbered 3.
‘‘(2) Not later than one year after the date of the
enactment of this section, the Secretary of Energy shall
transfer to the Secretary of the Interior administrative ju-
risdiction over those public domain lands included within
the developed tract of Oil Shale Reserve Numbered 3,
which consists of approximately 6,000 acres and 24 natu-
ral gas wells, together with pipelines and associated facili-
ties.
‘‘(3) Notwithstanding the transfer of jurisdiction, the
Secretary of Energy shall continue to be responsible for
all environmental restoration, waste management, and en-
vironmental compliance activities that are required under
Federal and State laws with respect to conditions existing
on the lands at the time of the transfer.
‘‘(4) Upon the transfer to the Secretary of the Inte-
rior of jurisdiction over public domain lands under this
652
subsection, the other provisions of this chapter shall cease
to apply with respect to the transferred lands.
‘‘(b) AUTHORITY TO LEASE.—(1) Beginning on the
date of the enactment of this section, or as soon thereafter
as practicable, the Secretary of the Interior shall enter
into leases with one or more private entities for the pur-
pose of exploration for, and development and production
of, petroleum (other than in the form of oil shale) located
on or in public domain lands in Oil Shale Reserves Num-
bered 1 and 3 (including the developed tract of Oil Shale
Reserve Numbered 3). Any such lease shall be made in
accordance with the requirements of the Mineral Leasing
Act (30 U.S.C. 181 et seq.) regarding the lease of oil and
gas lands and shall be subject to valid existing rights.
‘‘(2) Notwithstanding the delayed transfer of the de-
veloped tract of Oil Shale Reserve Numbered 3 under sub-
section (a)(2), the Secretary of the Interior shall enter into
a lease under paragraph (1) with respect to the developed
tract before the end of the one-year period beginning on
the date of the enactment of this section.
‘‘(c) MANAGEMENT.—The Secretary of the Interior,
acting through the Director of the Bureau of Land Man-
agement, shall manage the lands transferred under sub-
section (a) in accordance with the Federal Land Policy
653
and Management Act of 1976 (43 U.S.C. 1701 et seq.)
and other laws applicable to the public lands.
‘‘(d) TRANSFER
OF EXISTING EQUIPMENT.—The
lease of lands by the Secretary of the Interior under this
section may include the transfer, at fair market value, of
any well, gathering line, or related equipment owned by
the United States on the lands transferred under sub-
section (a) and suitable for use in the exploration, develop-
ment, or production of petroleum on the lands.
‘‘(e) COST MINIMIZATION.—The cost of any environ-
mental assessment required pursuant to the National En-
vironmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
in connection with a proposed lease under this section
shall be paid out of unobligated amounts available for ad-
ministrative expenses of the Bureau of Land Management.
‘‘(f) DISTRIBUTION OF RECEIPTS.—Notwithstanding
any other provision of law, all moneys received from a
lease under this section (including sales, bonuses, royalties
(including interest charges collected under the Federal Oil
and Gas Royalty Management Act of 1982 (30 U.S.C.
1701 et seq.)), and rentals) shall be paid and distributed
under section 35 of the Mineral Leasing Act (30 U.S.C.
191) in the same manner as moneys derived from other
oil and gas leases involving public domain lands other than
naval petroleum reserves.’’.
654
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following new item:
‘‘7439. Certain oil shale reserves: transfer of jurisdiction and petroleum explo-
ration, development, and production.’’.
TITLE XXXV—PANAMA CANAL
COMMISSION
Subtitle A—Authorization of Ex-
penditures 
From 
Revolving
Fund
SEC. 3501. SHORT TITLE.
This subtitle may be cited as the ‘‘Panama Canal
Commission Authorization Act for Fiscal Year 1998’’.
SEC. 3502. AUTHORIZATION OF EXPENDITURES.
(a) IN GENERAL.—Subject to subsection (b), the
Panama Canal Commission is authorized to use amounts
in the Panama Canal Revolving Fund to make such ex-
penditures within the limits of funds and borrowing au-
thority available to it in accordance with law, and to make
such contracts and commitments, as may be necessary
under the Panama Canal Act of 1979 (22 U.S.C. 3601
et seq.) for the operation, maintenance, improvement, and
administration of the Panama Canal for fiscal year 1998.
(b) LIMITATIONS.—For fiscal year 1998, the Panama
Canal Commission may expend from funds in the Panama
655
Canal Revolving Fund not more than $85,000 for official
reception and representation expenses, of which—
(1) not more than $23,000 may be used for of-
ficial reception and representation expenses of the
Supervisory Board of the Commission;
(2) not more than $12,000 may be used for of-
ficial reception and representation expenses of the
Secretary of the Commission; and
(3) not more than $50,000 may be used for of-
ficial reception and representation expenses of the
Administrator of the Commission.
SEC. 3503. PURCHASE OF VEHICLES.
Notwithstanding any other provision of law, the
funds available to the Commission shall be available for
the purchase and transportation to the Republic of Pan-
ama of passenger motor vehicles built in the United
States, the purchase price of which shall not exceed
$22,000 per vehicle.
SEC. 3504. EXPENDITURES ONLY IN ACCORDANCE WITH
TREATIES.
Expenditures authorized under this subtitle may be
made only in accordance with the Panama Canal Treaties
of 1977 and any law of the United States implementing
those treaties.
656
Subtitle B—Facilitation of Panama
Canal Transition
SEC. 3511. SHORT TITLE; REFERENCES.
(a) SHORT TITLE.—This subtitle may be cited as the
‘‘Panama Canal Transition Facilitation Act of 1997’’.
(b) REFERENCES.—Except as otherwise expressly
provided, whenever in this subtitle an amendment or re-
peal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be con-
sidered to be made to a section or other provision of the
Panama Canal Act of 1979 (22 U.S.C. 3601 et seq.).
SEC. 3512. DEFINITIONS RELATING TO CANAL TRANSITION.
Section 3 (22 U.S.C. 3602) is amended by adding
at the end the following new subsection:
‘‘(d) For purposes of this Act:
‘‘(1) The term ‘Canal Transfer Date’ means
December 31, 1999, such date being the date speci-
fied in the Panama Canal Treaty of 1977 for the
transfer of the Panama Canal from the United
States of America to the Republic of Panama.
‘‘(2) The term ‘Panama Canal Authority’
means the entity created by the Republic of Panama
to succeed the Panama Canal Commission as of the
Canal Transfer Date.’’.
657
PART I—TRANSITION MATTERS RELATING TO
COMMISSION OFFICERS AND EMPLOYEES
SEC. 3521. AUTHORITY FOR THE ADMINISTRATOR OF THE
COMMISSION TO ACCEPT APPOINTMENT AS
THE 
ADMINISTRATOR 
OF 
THE 
PANAMA
CANAL AUTHORITY.
(a) AUTHORITY FOR DUAL ROLE.—Section 1103 (22
U.S.C. 3613) is amended by adding at the end the follow-
ing new subsection:
‘‘(c) The Congress consents, for purposes of the 8th
clause of article I, section 9 of the Constitution of the
United States, to the acceptance by the individual serving
as Administrator of the Commission of appointment by
the Republic of Panama to the position of Administrator
of the Panama Canal Authority. Such consent is effective
only if that individual, while serving in both such posi-
tions, serves as Administrator of the Panama Canal Au-
thority without compensation, except for payments by the
Republic of Panama of travel and entertainment expenses,
including per diem payments.’’.
(b) WAIVER
OF CERTAIN CONFLICT-OF-INTEREST
STATUTES.—Such section is further amended by adding
at the end the following new subsections:
‘‘(d) The Administrator, with respect to participation
in any matter as Administrator of the Panama Canal
Commission (whether such participation is before, on, or
658
after the date of the enactment of the Panama Canal
Transition Facilitation Act of 1997), shall not be subject
to section 208 of title 18, United States Code, insofar as
the matter relates to prospective employment as Adminis-
trator of the Panama Canal Authority.
‘‘(e) If the Republic of Panama appoints as the Ad-
ministrator of the Panama Canal Authority the individual
serving as the Administrator of the Commission and if
that individual accepts the appointment—
‘‘(1) the Foreign Agents Registration Act of
1938, as amended (22 U.S.C. 611 et seq.), shall not
apply to that individual with respect to service as
the Administrator of the Panama Canal Authority;
‘‘(2) that individual, with respect to participa-
tion in any matter as the Administrator of the Pan-
ama Canal Commission, is not subject to section 208
of title 18, United States Code, insofar as the mat-
ter relates to service as, or performance of the duties
of, the Administrator of the Panama Canal Author-
ity; and
‘‘(3) that individual, with respect to official acts
performed as the Administrator of the Panama
Canal Authority, is not subject to the following:
‘‘(A) Sections 203 and 205 of title 18,
United States Code.
659
‘‘(B) Effective upon termination of the in-
dividual’s appointment as Administrator of the
Panama Canal Commission at noon on the
Canal Transfer Date, section 207 of title 18,
United States Code.
‘‘(C) Sections 501(a) and 502(a)(4) of the
Ethics in Government Act of 1978 (5 U.S.C.
App.), with respect to compensation received
for, and service in, the position of Adminis-
trator of the Panama Canal Authority.’’.
SEC. 3522. POST-CANAL TRANSFER PERSONNEL AUTHORI-
TIES.
(a) WAIVER OF CERTAIN POST-EMPLOYMENT RE-
STRICTIONS
FOR COMMISSION PERSONNEL BECOMING
EMPLOYEES OF THE PANAMA CANAL AUTHORITY.—Sec-
tion 1112 (22 U.S.C. 3622) is amended by adding at the
end the following new subsection:
‘‘(e) Effective as of the Canal Transfer Date, section
207 of title 18, United States Code, shall not apply to
an individual who is an officer or employee of the Panama
Canal Authority, but only with respect to official acts of
that individual as an officer or employee of the Authority
and only in the case of an individual who was an officer
or employee of the Commission and whose employment
660
with the Commission was terminated at noon on the Canal
Transfer Date.’’.
(b) CONSENT OF CONGRESS FOR ACCEPTANCE BY
RESERVE
AND RETIRED MEMBERS
OF
THE ARMED
FORCES OF EMPLOYMENT BY PANAMA CANAL AUTHOR-
ITY.—Such section is further amended by adding after
subsection (e), as added by subsection (a), the following
new subsection:
‘‘(f)(1) The Congress consents to the following per-
sons accepting civil employment (and compensation for
that employment) with the Panama Canal Authority for
which the consent of the Congress is required by the last
paragraph of section 9 of article I of the Constitution of
the United States, relating to acceptance of emoluments,
offices, or titles from a foreign government:
‘‘(A) Retired members of the uniformed serv-
ices.
‘‘(B) Members of a reserve component of the
armed forces.
‘‘(C) Members of the Commisioned Reserve
Corps of the Public Health Service.
‘‘(2) The consent of the Congress under paragraph
(1) is effective without regard to subsection (b) of section
908 of title 37, United States Code (relating to approval
661
required for employment of Reserve and retired members
by foreign governments).’’.
SEC. 3523. ENHANCED AUTHORITY OF COMMISSION TO ES-
TABLISH COMPENSATION OF COMMISSION
OFFICERS AND EMPLOYEES.
(a) REPEAL OF LIMITATIONS ON COMMISSION AU-
THORITY.—The following provisions are repealed:
(1) Section 1215 (22 U.S.C. 3655), relating to
basic pay.
(2) Section 1219 (22 U.S.C. 3659), relating to
salary protection upon conversion of pay rate.
(3) Section 1225 (22 U.S.C. 3665), relating to
minimum level of pay and minimum annual in-
creases.
(b) SAVINGS PROVISION.—Section 1202 (22 U.S.C.
3642) is amended by adding at the end the following new
subsection:
‘‘(c) In the case of an individual who is an officer
or employee of the Commission on the day before the date
of the enactment of the Panama Canal Transition Facili-
tation Act of 1997 and who has not had a break in service
with the Commission since that date, the rate of basic pay
for that officer or employee on or after that date may not
be less than the rate in effect for that officer or employee
on the day before that date of enactment except—
662
‘‘(1) as provided in a collective bargaining
agreement;
‘‘(2) as a result of an adverse action against the
officer or employee; or
‘‘(3) pursuant to a voluntary demotion.’’.
(c) CROSS-REFERENCE AMENDMENTS.—(1) Section
1216 (22 U.S.C. 3656) is amended by striking out ‘‘1215’’
and inserting in lieu thereof ‘‘1202’’.
(2) Section 1218 (22 U.S.C. 3658) is amended by
striking out ‘‘1215’’ and ‘‘1217’’ and inserting in lieu
thereof ‘‘1202’’ and ‘‘1217(a)’’, respectively.
SEC. 3524. TRAVEL, TRANSPORTATION, AND SUBSISTENCE
EXPENSES FOR COMMISSION PERSONNEL NO
LONGER SUBJECT TO FEDERAL TRAVEL REG-
ULATION.
(a) REPEAL OF APPLICABILITY OF TITLE 5 PROVI-
SIONS.—(1) Section 1210 (22 U.S.C. 3650) is amended
by striking out subsections (a), (b), and (c).
(2) Section 1224 (22 U.S.C. 3664) is amended—
(A) by striking out paragraph (10); and
(B) by redesignating paragraphs (11) through
(20) as paragraphs (10) through (19), respectively.
(b) CONFORMING AMENDMENTS.—(1) Section 1210
is further amended—
663
(A) by redesignating subsection (d)(1) as sub-
section (a) and in that subsection striking out
‘‘paragraph (2)’’ and inserting in lieu thereof ‘‘sub-
section (b)’’; and
(B) by redesignating subsection (d)(2) as sub-
section (b) and in that subsection—
(i) striking out ‘‘Notwithstanding para-
graph (1), an’’ and inserting in lieu thereof
‘‘An’’; and
(ii) striking out ’’referred to in paragraph
(1)’’ and inserting in lieu thereof ‘‘who is a citi-
zen of the Republic of Panama’’.
(2) The heading of such section is amended to read
as follows:
‘‘AIR TRANSPORTATION’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect on January 1, 1999.
SEC. 3525. ENHANCED RECRUITMENT AND RETENTION AU-
THORITIES.
(a) RECRUITMENT, RELOCATION, AND RETENTION
BONUSES.—Section 1217 (22 U.S.C. 3657) is amended—
(1) by redesignating subsection (c) as sub-
section (e);
(2) in subsection (e) (as so redesignated), by
striking out ‘‘for the same or similar work per-
664
formed in the United States by individuals employed
by the Government of the United States’’ and insert-
ing in lieu thereof ‘‘of the individual to whom the
compensation is paid’’; and
(3) by inserting after subsection (b) the follow-
ing new subsections:
‘‘(c)(1) The Commission may pay a recruitment
bonus to an individual who is newly appointed to a posi-
tion with the Commission, or a relocation bonus to an em-
ployee of the Commission who must relocate to accept a
position, if the Commission determines that the Commis-
sion would be likely, in the absence of such a bonus, to
have difficulty in filling the position.
‘‘(2) A recruitment or relocation bonus may be paid
to an employee under this subsection only if the employee
enters into an agreement with the Commission to complete
a period of employment with the Commission established
by the Commission. If the employee voluntarily fails to
complete such period of employment or is separated from
service in such employment as a result of an adverse ac-
tion before the completion of such period, the employee
shall repay the entire amount of the bonus.
‘‘(3) A relocation bonus under this subsection may
be paid as a lump sum. A recruitment bonus under this
subsection shall be paid on a pro rata basis over the period
665
of employment covered by the agreement under paragraph
(2). A bonus under this subsection may not be considered
to be part of the basic pay of an employee.
‘‘(d)(1) The Commission may pay a retention bonus
to an employee of the Commission if the Commission de-
termines that—
‘‘(A) the employee has unusually high or unique
qualifications and those qualifications make it essen-
tial for the Commission to retain the employee for
a period specified by the Commission ending not
later than the Canal Transfer Date, or the Commis-
sion otherwise has a special need for the services of
the employee making it essential for the Commission
to retain the employee for a period specified by the
Commission ending not later than the Canal Trans-
fer Date; and
‘‘(B) the employee would be likely to leave em-
ployment with the Commission before the end of
that period if the retention bonus is not paid.
‘‘(2) A retention bonus under this subsection—
‘‘(A) shall be in a fixed amount;
‘‘(B) shall be paid on a pro rata basis (over the
period specified by the Commission as essential for
the retention of the employee), with such payments
666
to be made at the same time and in the same man-
ner as basic pay; and
‘‘(C) may not be considered to be part of the
basic pay of an employee.
‘‘(3) A decision by the Commission to exercise or to
not exercise the authority to pay a bonus under this sub-
section shall not be subject to review under any statutory
procedure or any agency or negotiated grievance procedure
except under any of the laws referred to in section 2302(d)
of title 5, United States Code.’’.
(b) EDUCATIONAL SERVICES.—Section 1321(e)(2)
(22 U.S.C. 3731(e)(2)) is amended by striking out ‘‘and
persons’’ and inserting in lieu thereof ‘‘, to other Commis-
sion employees when determined by the Commission to be
necessary for their recruitment or retention, and to other
persons’’.
SEC. 3526. TRANSITION SEPARATION INCENTIVE PAY-
MENTS.
Chapter 2 of title I (22 U.S.C. 3641 et seq.) is
amended by adding at the end of subchapter III the fol-
lowing new section:
‘‘TRANSITION SEPARATION INCENTIVE PAYMENTS
‘‘SEC. 1233. (a) In applying to the Commission and
employees of the Commission the provisions of section 663
of the Treasury, Postal Service, and General Government
667
Appropriations Act, 1997 (as contained in section 101(f)
of division A of Public Law 104–208; 110 Stat. 3009–
383), relating to voluntary separation incentives for em-
ployees of certain Federal agencies (in this section re-
ferred to as ‘section 663’)—
‘‘(1) the term ‘employee’ shall mean an em-
ployee of the Commission who has served in the Re-
public of Panama in a position with the Commission
for a continuous period of at least three years imme-
diately before the employee’s separation under an
appointment without time limitation and who is cov-
ered under the Civil Service Retirement System or
the Federal Employees’ Retirement System under
subchapter III of chapter 83 or chapter 84, respec-
tively, of title 5, United States Code, other than—
‘‘(A) an employee described in any of sub-
paragraphs (A) through (F) of subsection
(a)(2) of section 663; or
‘‘(B) an employee of the Commission who,
during the 24-month period preceding the date
of separation, has received a recruitment or re-
location bonus under section 1217(c) of this Act
or who, within the 12-month period preceding
the date of separation, received a retention
bonus under section 1217(d) of this Act;
668
‘‘(2) the strategic plan under subsection (b) of
section 663 shall include (in lieu of the matter speci-
fied in subsection (b)(2) of that section)—
‘‘(A) the positions to be affected, identified
by occupational category and grade level;
‘‘(B) the number and amounts of separa-
tion incentive payments to be offered; and
‘‘(C) a description of how such incentive
payments will facilitate the successful transfer
of the Panama Canal to the Republic of Pan-
ama;
‘‘(3) a separation incentive payment under sec-
tion 663 may be paid to a Commission employee
only to the extent necessary to facilitate the success-
ful transfer of the Panama Canal by the United
States of America to the Republic of Panama as re-
quired by the Panama Canal Treaty of 1977;
‘‘(4) such a payment—
‘‘(A) may be in an amount determined by
the Commission not to exceed $25,000; and
‘‘(B) may be made (notwithstanding the
limitation specified in subsection (c)(2)(D) of
section 663) in the case of an eligible employee
who voluntarily separates (whether by retire-
ment or resignation) during the 90-day period
669
beginning on the date of the enactment of this
section or during the period beginning on Octo-
ber 1, 1998, and ending on December 31, 1998;
‘‘(5) in the case of not more than 15 employees
who (as determined by the Commission) are unwill-
ing to work for the Panama Canal Authority after
the Canal Transfer Date and who occupy critical po-
sitions for which (as determined by the Commission)
at least two years of experience is necessary to en-
sure that seasoned managers are in place on and
after the Canal Transfer Date, such a payment (not-
withstanding paragraph (4))—
‘‘(A) may be in an amount determined by
the Commission not to exceed 50 percent of the
basic pay of the employee; and
‘‘(B) may be made (notwithstanding the
limitation specified in subsection (c)(2)(D) of
section 663) in the case of such an employee
who voluntarily separates (whether by retire-
ment or resignation) during the 90-day period
beginning on the date of the enactment of this
section; and
‘‘(6) the provisions of subsection (f) of section
663 shall not apply.
670
‘‘(b) A decision by the Commission to exercise or to
not exercise the authority to pay a transition separation
incentive under this section shall not be subject to review
under any statutory procedure or any agency or negotiated
grievance procedure except under any of the laws referred
to in section 2302(d) of title 5, United States Code.’’.
SEC. 3527. LABOR-MANAGEMENT RELATIONS.
Section 1271 (22 U.S.C. 3701) is amended by adding
at the end the following new subsection:
‘‘(c)(1) This subsection applies to any matter that be-
comes the subject of collective bargaining between the
Commission and the exclusive representative for any bar-
gaining unit of employees of the Commission during the
period beginning on the date of the enactment of this sub-
section and ending on the Canal Transfer Date.
‘‘(2)(A) The resolution of impasses resulting from
collective bargaining between the Commission and any
such exclusive representative during that period shall be
conducted in accordance with such procedures as may be
mutually agreed upon between the Commission and the
exclusive representative (without regard to any otherwise
applicable provisions of chapter 71 of title 5, United
States Code). Such mutually agreed upon procedures shall
become effective upon transmittal by the Chairman of the
Commission to the Congress of notice of the agreement
671
to use those procedures and a description of those proce-
dures.
‘‘(B) The Federal Services Impasses Panel shall not
have jurisdiction to resolve any impasse between the Com-
mission and any such exclusive representative in negotia-
tions over a procedure for resolving impasses.
‘‘(3) If the Commission and such an exclusive rep-
resentative do not reach an agreement concerning a proce-
dure for resolving impasses with respect to a bargaining
unit and transmit notice of the agreement under para-
graph (2) on or before July 1, 1998, the following shall
be the procedure by which collective bargaining impasses
between the Commission and the exclusive representative
for that bargaining unit shall be resolved:
‘‘(A) If bargaining efforts do not result in an
agreement, the parties shall request the Federal Me-
diation and Conciliation Service to assist in achiev-
ing an agreement.
‘‘(B) If an agreement is not reached within 45
days after the date on which either party requests
the assistance of the Federal Mediation and Concil-
iation Service in writing (or within such shorter pe-
riod as may be mutually agreed upon by the par-
ties), the parties shall be considered to be at an im-
passe and shall request the Federal Services Im-
672
passes Panel of the Federal Labor Relations Author-
ity to decide the impasse.
‘‘(C) If the Federal Services Impasses Panel
fails to issue a decision within 90 days after the date
on which its services are requested (or within such
shorter period as may be mutually agreed upon by
the parties), the efforts of the Panel shall be termi-
nated.
‘‘(D) In such a case, the Chairman of the Panel
(or another member in the absence of the Chairman)
shall immediately determine the matter by a drawing
(conducted in such manner as the Chairman (or, in
the absence of the Chairman, such other member)
determines appropriate) between the last offer of the
Commission and the last offer of the exclusive rep-
resentative, with the offer chosen through such
drawing becoming the binding resolution of the mat-
ter.
‘‘(4) In the case of a notice of agreement described
in paragraph (2)(A) that is transmitted to the Congress
as described in the second sentence of that paragraph
after July 1, 1998, the impasse resolution procedures cov-
ered by that notice shall apply to any impasse between
the Commission and the other party to the agreeement
673
that is unresolved on the date on which that notice is
transmitted to the Congress.’’.
SEC. 3528. AVAILABILITY OF PANAMA CANAL REVOLVING
FUND FOR SEVERANCE PAY FOR CERTAIN
EMPLOYEES SEPARATED BY PANAMA CANAL
AUTHORITY AFTER CANAL TRANSFER DATE.
(a) AVAILABILITY OF REVOLVING FUND.—Section
1302(a) (22 U.S.C. 3712(a)) is amended by adding at the
end the following new paragraph:
‘‘(10) Payment to the Panama Canal Authority,
not later than the Canal Transfer Date, of such
amount as is computed by the Commission to be the
future amount of severance pay to be paid by the
Panama Canal Authority to employees whose em-
ployment with the Authority is terminated, to the
extent that such severance pay is attributable to pe-
riods of service performed with the Commission be-
fore the Canal Transfer Date (and assuming for
purposes of such computation that the Panama
Canal Authority, in paying severance pay to termi-
nated employees, will provide for crediting of periods
of service with the Commission).’’.
(b) STYLISTIC AMENDMENTS.—Such section is fur-
ther amended—
674
(1) by striking out ‘‘for—’’ in the matter pre-
ceding paragraph (1) and inserting in lieu thereof
‘‘for the following purposes:’’;
(2) by capitalizing the initial letter of the first
word in each of paragraphs (1) through (9);
(3) by striking out the semicolon at the end of
each of paragraphs (1) through (7) and inserting in
lieu thereof a period; and
(4) by striking out ‘‘; and’’ at the end of para-
graph (8) and inserting in lieu thereof a period.
PART II—TRANSITION MATTERS RELATING TO
OPERATION AND ADMINISTRATION OF CANAL
SEC. 3541. ESTABLISHMENT OF PROCUREMENT SYSTEM
AND BOARD OF CONTRACT APPEALS.
Title III of the Panama Canal Act of 1979 (22
U.S.C. 3601 et seq.) is amended by inserting after the
title heading the following new chapter:
‘‘CHAPTER 1—PROCUREMENT
‘‘PROCUREMENT SYSTEM
‘‘SEC. 3101. (a) PANAMA CANAL ACQUISITION REGU-
LATION.—(1) The Commission shall establish by regula-
tion a comprehensive procurement system. The regulation
shall be known as the ‘Panama Canal Acquisition Regula-
tion’ (in this section referred to as the ‘Regulation’) and
675
shall provide for the procurement of goods and services
by the Commission in a manner that—
‘‘(A) applies the fundamental operating prin-
ciples and procedures in the Federal Acquisition
Regulation;
‘‘(B) uses efficient commercial standards of
practice; and
‘‘(C) is suitable for adoption and uninterrupted
use by the Republic of Panama after the Canal
Transfer Date.
‘‘(2) The Regulation shall contain provisions regard-
ing the establishment of the Panama Canal Board of Con-
tract Appeals described in section 3102.
‘‘(b) SUPPLEMENT TO REGULATION.—The Commis-
sion shall develop a Supplement to the Regulation (in this
section referred to as the ‘Supplement’) that identifies
both the provisions of Federal law applicable to procure-
ment of goods and services by the Commission and the
provisions of Federal law waived by the Commission under
subsection (c).
‘‘(c) WAIVER AUTHORITY.—(1) Subject to paragraph
(2), the Commission shall determine which provisions of
Federal law should not apply to procurement by the Com-
mission and may waive those laws for purposes of the Reg-
ulation and Supplement.
676
‘‘(2) For purposes of paragraph (1), the Commission
may not waive—
‘‘(A) section 27 of the Office of Federal Pro-
curement Policy Act (41 U.S.C. 423);
‘‘(B) the Contract Disputes Act of 1978 (41
U.S.C. 601 et seq.), other than section 10(a) of such
Act (41 U.S.C 609(a)); or
‘‘(C) civil rights, environmental, or labor laws.
‘‘(d) CONSULTATION WITH ADMINISTRATOR
FOR
FEDERAL PROCUREMENT POLICY.—In establishing the
Regulation and developing the Supplement, the Commis-
sion shall consult with the Administrator for Federal Pro-
curement Policy.
‘‘(e) EFFECTIVE DATE.—The Regulation and the
Supplement shall take effect on the date of publication
in the Federal Register, or January 1, 1999, whichever
is earlier.
‘‘PANAMA CANAL BOARD OF CONTRACT APPEALS
‘‘SEC. 3102. (a) ESTABLISHMENT.—(1) The Sec-
retary of Defense, in consultation with the Commission,
shall establish a board of contract appeals, to be known
as the Panama Canal Board of Contract Appeals, in ac-
cordance with section 8 of the Contract Disputes Act of
1978 (41 U.S.C. 607). Except as otherwise provided by
this section, the Panama Canal Board of Contract Appeals
(in this section referred to as the ‘Board’) shall be subject
677
to the Contract Disputes Act of 1978 (41 U.S.C. 601 et
seq.) in the same manner as any other agency board of
contract appeals established under that Act.
‘‘(2) The Board shall consist of three members. At
least one member of the Board shall be licensed to practice
law in the Republic of Panama. Individuals appointed to
the Board shall take an oath of office, the form of which
shall be prescribed by the Secretary of Defense.
‘‘(b) EXCLUSIVE JURISDICTION TO DECIDE AP-
PEALS.—Notwithstanding section 10(a)(1) of the Contract
Disputes Act of 1978 (41 U.S.C. 609(a)(1)) or any other
provision of law, the Board shall have exclusive jurisdic-
tion to decide an appeal from a decision of a contracting
officer under section 8(d) of such Act (41 U.S.C. 607(d)).
‘‘(c) EXCLUSIVE JURISDICTION TO DECIDE PRO-
TESTS.—The Board shall decide protests submitted to it
under this subsection by interested parties in accordance
with subchapter V of title 31, United States Code. Not-
withstanding section 3556 of that title, section 1491(b)
of title 28, United States Code, and any other provision
of law, the Board shall have exclusive jurisdiction to decide
such protests. For purposes of this subsection—
‘‘(1) except as provided in paragraph (2), each
reference to the Comptroller General in sections
678
3551 through 3555 of title 31, United States Code,
is deemed to be a reference to the Board;
‘‘(2) the reference to the Comptroller General
in section 3553(d)(3)(C)(ii) of such title is deemed
to be a reference to both the Board and the Comp-
troller General;
‘‘(3) the report required by paragraph (1) of
section 3554(e) of such title shall be submitted to
the Comptroller General as well as the committees
listed in such paragraph;
‘‘(4) the report required by paragraph (2) of
such section shall be submitted to the Comptroller
General as well as Congress; and
‘‘(5) section 3556 of such title shall not apply
to the Board, but nothing in this subsection shall af-
fect the right of an interested party to file a protest
with the appropriate contracting officer.
‘‘(d) PROCEDURES.—The Board shall prescribe such
procedures as may be necessary for the expeditious deci-
sion of appeals and protests under subsections (b) and (c).
‘‘(e) COMMENCEMENT.—The Board shall begin to
function as soon as it has been established and has pre-
scribed procedures under subsection (d), but not later
than January 1, 1999.
679
‘‘(f) TRANSITION.—The Board shall have jurisdiction
under subsection (b) and (c) over any appeals and protests
filed on or after the date on which the Board begins to
function. Any appeals and protests filed before such date
shall remain before the forum in which they were filed.
‘‘(g) OTHER FUNCTIONS.—The Board may perform
functions similar to those described in this section for such
other matters or activities of the Commission as the Com-
mission may determine and in accordance with regulations
prescribed by the Commission.’’.
SEC. 3542. TRANSACTIONS WITH THE PANAMA CANAL AU-
THORITY.
Section 1342 (22 U.S.C. 3752) is amended—
(1) by designating the text of the section as
subsection (a); and
(2) by adding at the end the following new sub-
sections:
‘‘(b) The Commission may provide office space,
equipment, supplies, personnel, and other in-kind services
to the Panama Canal Authority on a nonreimbursable
basis.
‘‘(c) Any executive department or agency of the Unit-
ed States may, on a reimbursable basis, provide to the
Panama Canal Authority materials, supplies, equipment,
work, or services requested by the Panama Canal Author-
680
ity, at such rates as may be agreed upon by that depart-
ment or agency and the Panama Canal Authority.’’.
SEC. 3543. TIME LIMITATIONS ON FILING OF CLAIMS FOR
DAMAGES.
(a) FILING OF ADMINISTRATIVE CLAIMS WITH COM-
MISSION.—Sections 1411(a) (22 U.S.C. 3771(a)) and
1412 (22 U.S.C. 3772) are each amended in the last sen-
tence by striking out ‘‘within 2 years after’’ and all that
follows through ‘‘of 1985,’’ and inserting in lieu thereof
‘‘within one year after the date of the injury or the date
of the enactment of the Panama Canal Transition Facili-
tation Act of 1997,’’.
(b) FILING OF JUDICIAL ACTIONS.—The penultimate
sentence of section 1416 (22 U.S.C. 3776) is amended—
(1) by striking out ‘‘one year’’ the first place it
appears and inserting in lieu thereof ‘‘180 days’’;
and
(2) by striking out ‘‘claim, or’’ and all that fol-
lows through ‘‘of 1985,’’ and inserting in lieu there-
of ‘‘claim or the date of the enactment of the Pan-
ama Canal Transition Facilitation Act of 1997,’’.
SEC. 3544. TOLLS FOR SMALL VESSELS.
Section 1602(a) (22 U.S.C. 3792(a)) is amended—
681
(1) in the first sentence, by striking out ‘‘supply
ships, and yachts’’ and inserting in lieu thereof ‘‘and
supply ships’’; and
(2) by adding at the end the following new sen-
tence: ‘‘Tolls for small vessels (including yachts), as
defined by the Commission, may be set at rates de-
termined by the Commission without regard to the
preceding provisions of this subsection.’’.
SEC. 3545. DATE OF ACTUARIAL EVALUATION OF FECA LI-
ABILITY.
Section 5(a) of the Panama Canal Commission Com-
pensation Fund Act of 1988 (22 U.S.C. 3715c(a)) is
amended by striking out ‘‘Upon the termination of the
Panama Canal Commission’’ and inserting in lieu thereof
‘‘By March 31, 1998’’.
SEC. 3546. APPOINTMENT OF NOTARIES PUBLIC.
Section 1102a (22 U.S.C. 3612a) is amended—
(1) by redesignating subsection (g) as sub-
section (h); and
(2) by inserting after subsection (f) the follow-
ing new subsection:
‘‘(g)(1) The Commission may appoint any United
States citizen to have the general powers of a notary pub-
lic to perform, on behalf of Commission employees and
their dependents outside the United States, any notarial
682
act that a notary public is required or authorized to per-
form within the United States. Unless an earlier expira-
tion is provided by the terms of the appointment, any such
appointment shall expire three months after the Canal
Transfer Date.
‘‘(2) Every notarial act performed by a person acting
as a notary under paragraph (1) shall be as valid, and
of like force and effect within the United States, as if exe-
cuted by or before a duly authorized and competent notary
public in the United States.
‘‘(3) The signature of any person acting as a notary
under paragraph (1), when it appears with the title of that
person’s office, is prima facie evidence that the signature
is genuine, that the person holds the designated title, and
that the person is authorized to perform a notarial act.’’.
SEC. 3547. COMMERCIAL SERVICES.
Section 1102b (22 U.S.C. 3612b) is amended by add-
ing at the end the following new subsection:
‘‘(e) The Commission may conduct and promote com-
mercial activities related to the management, operation,
or maintenance of the Panama Canal. Any such commer-
cial activity shall be carried out consistent with the Pan-
ama Canal Treaty of 1977 and related agreements.’’.
683
SEC. 3548. TRANSFER FROM PRESIDENT TO COMMISSION
OF CERTAIN REGULATORY FUNCTIONS RE-
LATING TO EMPLOYMENT CLASSIFICATION
APPEALS.
Sections 1221(a) and 1222(a) (22 U.S.C. 3661(a),
3662(a)) are amended by striking out ‘‘President’’ and in-
serting in lieu thereof ‘‘Commission’’.
SEC. 3549. ENHANCED PRINTING AUTHORITY.
Section 1306(a) (22 U.S.C. 3714b(a)) is amended by
striking out ‘‘Section 501’’ and inserting in lieu thereof
‘‘Sections 501 through 517 and 1101 through 1123’’.
SEC. 3550. TECHNICAL AND CONFORMING AMENDMENTS.
(a) CLERICAL AMENDMENTS.—The table of contents
in section 1 is amended—
(1) by striking out the item relating to section
1210 and inserting in lieu thereof the following:
‘‘Sec. 1210. Air transportation.’’;
(2) by striking out the items relating to sections
1215, 1219, and 1225;
(3) by inserting after the item relating to sec-
tion 1232 the following new item:
‘‘Sec. 1233. Transition separation incentive payments.’’;
and
(4) by inserting after the item relating to the
heading of title III the following:
‘‘CHAPTER 1—PROCUREMENT
684
‘‘Sec. 3101. Procurement system.
‘‘Sec. 3102. Panama Canal Board of Contract Appeals.’’.
(b) AMENDMENT TO REFLECT PRIOR CHANGE IN
COMPENSATION OF ADMINISTRATOR.—Section 5315 of
title 5, United States Code, is amended by striking out
the following:
‘‘Administrator of the Panama Canal Commis-
sion.’’.
(c) AMENDMENTS TO REFLECT CHANGE IN TRAVEL
AND TRANSPORTATION EXPENSES AUTHORITY.—(1) Sec-
tion 5724(a)(3) of title 5, United States Code, is amended
by striking out ‘‘, the Commonwealth of Puerto Rico,’’ and
all that follows through ‘‘Panama Canal Act of 1979’’ and
inserting in lieu thereof ‘‘or the Commonwealth of Puerto
Rico’’.
(2) Section 5724a(j) of such title is amended—
(A) by inserting ‘‘and’’ after ‘‘Northern Mari-
ana Islands,’’; and
(B) by striking out ‘‘United States, and’’ and
all that follows through the period at the end and
inserting in lieu thereof ‘‘United States.’’.
(3) The amendments made by this subsection shall
take effect on January 1, 1999.
(d) MISCELLANEOUS TECHNICAL AMENDMENTS.—
(1) Section 3(b) (22 U.S.C. 3602(b)) is amend-
ed by striking out ‘‘the Canal Zone Code’’ and all
685
that follows through ‘‘other laws’’ the second place
it appears and inserting in lieu thereof ‘‘laws of the
United States and regulations issued pursuant to
such laws’’.
(2)(A) The following provisions are each
amended by striking out ‘‘the effective date of this
Act’’ and inserting in lieu thereof ‘‘October 1,
1979’’: sections 3(b), 3(c), 1112(b), and 1321(c)(1).
(B) Section 1321(c)(2) is amended by striking
out ‘‘such effective date’’ and inserting in lieu there-
of ‘‘October 1, 1979’’.
(C) 
Section 
1231(c)(3)(A) 
(22 
U.S.C.
3671(c)(3)(A)) is amended by striking out ‘‘the day
before the effective date of this Act’’ and inserting
in lieu thereof ‘‘September 30, 1979’’.
(3) Section 1102a(h), as redesignated by sec-
tion 3546(1), is amended by striking out ‘‘section
1102B’’ and inserting in lieu thereof ‘‘section
1102b’’.
(4) Section 1110(b)(2) (22 U.S.C. 3620(b)(2))
is amended by striking out ‘‘section 16 of the Act
of August 1, 1956 (22 U.S.C. 2680a),’’ and insert-
ing in lieu thereof ‘‘section 207 of the Foreign Serv-
ice Act of 1980 (22 U.S.C. 3927)’’.
686
(5) Section 1212(b)(3) (22 U.S.C. 3652(b)(3))
is amended by striking out ‘‘as last in effect before
the effective date of section 3530 of the Panama
Canal Act Amendments of 1996’’ and inserting in
lieu thereof ‘‘as in effect on September 22, 1996’’.
(6) Section 1243(c)(2) (22 U.S.C. 3681(c)(2))
is amended by striking out ‘‘retroactivity’’ and in-
serting in lieu thereof ‘‘retroactively’’.
(7) Section 1341(f) (22 U.S.C. 3751(f)) is
amended by striking out ‘‘sections 1302(c)’’ and in-
serting in lieu thereof ‘‘sections 1302(b)’’.
TITLE XXXVI—MARITIME
ADMINISTRATION
SEC. 3601. AUTHORIZATION OF APPROPRIATIONS FOR FIS-
CAL YEAR 1998.
Funds are hereby authorized to be appropriated for
fiscal year 1998, to be available without fiscal year limita-
tion if so provided in appropriations Act, for the use of
the Department of Transportation for the Maritime Ad-
ministration as follows:
(1) For expenses necessary for operations and
training activities, $70,000,000.
(2) For expenses under the loan guarantee pro-
gram authorized by title XI of the Merchant Marine
687
Act, 1936 (46 U.S.C. App. 1271 et seq.),
$39,000,000 of which—
(A) $35,000,000 is for the cost (as defined
in section 502(5) of the Federal Credit Reform
Act of 1990 (2 U.S.C. 661a(5))) of loan guar-
antees under the program; and
(B) $4,000,000 is for administrative ex-
penses related to loan guarantee commitments
under the program.
SEC. 3602. REPEAL OF OBSOLETE ANNUAL REPORT RE-
QUIREMENT CONCERNING RELATIVE COST
OF SHIPBUILDING IN THE VARIOUS COASTAL
DISTRICTS OF THE UNITED STATES.
(a) REPEAL.—Section 213 of the Merchant Marine
Act, 1936 (46 U.S.C. App. 1123), is amended by striking
out paragraph (c).
(b) CONFORMING AMENDMENTS.—Such section is
further amended—
(1) by striking out ‘‘on—’’ in the matter pre-
ceding paragraph (a) and inserting in lieu thereof
‘‘on the following:’’;
(2) by redesignating paragraphs (a) and (b) as
paragraphs (1) and (2), respectively;
688
(3) by striking out the semicolon at the end of
each of those paragraphs and inserting in lieu there-
of a period; and
(4) by realigning those paragraphs so as to be
indented 2 ems from the left margin.
SEC. 3603. PROVISIONS RELATING TO MARITIME SECURITY
FLEET PROGRAM.
(a) AUTHORITY
OF CONTRACTORS TO OPERATE
SELF-PROPELLED TANK VESSELS IN NONCONTIGUOUS
DOMESTIC TRADES.—Section 656(b) of the Merchant Ma-
rine Act, 1936 (46 U.S.C. App. 1187e(b)) is amended by
inserting ‘‘(1)’’ after ‘‘(b)’’, and by adding at the end the
following new paragraph:
‘‘(2) Subsection (a) shall not apply to operation by
a contractor of a self-propelled tank vessel in a noncontig-
uous domestic trade, or to ownership by a contractor of
an interest in a self-propelled tank vessel that operates
in a noncontiguous domestic trade.’’.
(b) RELIEF FROM DELAY IN CERTAIN OPERATIONS
FOLLOWING DOCUMENTATION.—Section 652(c) of the
Merchant Marine Act, 1936 (46 U.S.C. 1187a(c)) is
amended by adding at the end the following: ‘‘The third
sentence of section 901(b)(1) shall not apply to a vessel
included in an operating agreement under this subtitle.’’.
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SEC. 3604. AUTHORITY TO UTILIZE REPLACEMENT VESSELS
AND CAPACITY.
Section 653(d)(1) of the Merchant Marine Act, 1936
(46 U.S.C. App. 1187c(d)(1)) is amended to read as fol-
lows:
‘‘(1) a contractor or other person that commits
to make available a vessel or vessel capacity under
the Emergency Preparedness Program or another
primary sealift readiness program approved by the
Secretary of Defense may, during the activation of
that vessel or capacity under that program, operate
or employ in foreign commerce a foreign-flag vessel
or foreign-flag vessel capacity as a temporary re-
placement for the activated vessel or capacity; and’’.
SEC. 3605. AUTHORITY TO CONVEY NATIONAL DEFENSE RE-
SERVE FLEET VESSEL.
(a) AUTHORITY TO CONVEY.—The Secretary of
Transportation may convey all right, title, and interest of
the United States Government in and to the vessel GOLD-
EN BEAR (United States official number 239932) to the
Artship Foundation, located in Oakland, California (in
this section referred to as the ‘‘recipient’’), for use as a
multi-cultural center for the arts.
(b) TERMS OF CONVEYANCE.—
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(1) DELIVERY
OF
VESSEL.—In carrying out
subsection (a), the Secretary shall deliver the ves-
sel—
(A) at the place where the vessel is located
on the date of conveyance;
(B) in its condition on that date; and
(C) at no cost to the United States Gov-
ernment.
(2) ADDITIONAL TERMS.—The Secretary may
require such additional terms in connection with the
conveyance authorized by this section as the Sec-
retary considers appropriate.
(c) OTHER UNNEEDED EQUIPMENT.—The Secretary
may convey to the recipient of the vessel conveyed under
this section any unneeded equipment from other vessels
in the National Defense Reserve Fleet, for use to restore
the vessel conveyed under this section to museum quality.
SEC. 3606. DETERMINATION OF GROSS TONNAGE FOR PUR-
POSES OF TANK VESSEL DOUBLE HULL RE-
QUIREMENTS.
Section 3703a of title 46, United States Code, is
amended by adding at the end the following:
‘‘(e) For purposes of this section, the gross tonnage
of a vessel for which a tonnage certificate was issued or
accepted by the Secretary under this title before July 1,
691
1997, shall be the gross tonnage of the vessel stated on
the most recent such certificate.’’.
Passed the House of Representatives June 25, 1997.
Attest:
ROBIN H. CARLE,
Clerk.