H. R. 3616—310
SEC. 2907. ACTIONS CONCERNING RANCHING OPERATIONS IN WITH-
DRAWN AREA.
(a) AUTHORITY TO CONCLUDE AND IMPLEMENT AGREEMENTS.—
The Secretary of the Air Force is authorized and directed to, upon
such terms and conditions as the Secretary of the Air Force consid-
ers just and in the national interest, conclude and implement agree-
ments with the grazing permittees to provide appropriate consider-
ation, including future grazing arrangements.
(b) IMPLEMENTATION.—(1) Upon the conclusion of these agree-
ments, the Assistant Secretary of the Interior for Land and Minerals
Management shall grant rights-of-way and approvals and take such
actions as are necessary to implement promptly this title and the
agreements with the grazing permittees.
(2) The Secretary of the Air Force and the Secretary of the
Interior shall allow the grazing permittees for lands withdrawn
and reserved by this title to continue their activities on the lands
in accordance with the permits and their applicable regulations
until the Secretary of the Air Force has fully implemented the
agreement with the grazing permittees under this section.
(3) Upon the implementation of these agreements, the Bureau
of Land Management is authorized and directed, subject to the
limitations included in this section, to terminate grazing on the
lands withdrawn.
SEC. 2908. MANAGEMENT OF WITHDRAWN AND RESERVED LANDS.
(a) IN GENERAL.—Except as provided in section 2916(d), during
the withdrawal and reservation of any lands under this title, the
Secretary of the Air Force shall manage such lands for purposes
relating to the uses set forth in section 2902(b).
(b) MANAGEMENT ACCORDING TO PLAN.—The lands withdrawn
and reserved by this title shall be managed in accordance with
the provisions of this title under the integrated natural resources
management plan prepared under section 2909.
(c) AUTHORITY TO CLOSE LAND.—(1) If the Secretary of the
Air Force determines that military operations, public safety, or
the interests of national security require the closure to public use
of any road, trail, or other portion of the lands withdrawn by
this title that are commonly in public use, the Secretary of the
Air Force may take such action.
(2) Closures under paragraph (1) shall be limited to the mini-
mum areas and periods required for the purposes specified in this
subsection.
(3) During closures, the Secretary of the Air Force shall keep
appropriate warning notices posted and take appropriate steps to
notify the public about the closures.
(d) LEASE AUTHORITY.—The Secretary of the Air Force may
enter into leases for State lands with the State of Idaho in support
of the Juniper Butte Range and operations at the Juniper Butte
Range.
(e) PREVENTION AND SUPPRESSION OF FIRE.—(1) The Secretary
of the Air Force shall take appropriate precautions to prevent
and suppress brush fires and range fires that occur within the
boundaries of the Juniper Butte Range, as well as brush and
range fires occurring outside the boundaries of the Range resulting
from military activities.
H. R. 3616—311
(2) Notwithstanding section 2465 of title 10, United States
Code, the Secretary of the Air Force may obligate funds appro-
priated or otherwise available to the Secretary to enter into con-
tracts for fire-fighting.
(3)(A) The memorandum of understanding under section 2910
shall provide for the Bureau of Land Management to assist the
Secretary of the Air Force in the suppression of the fires described
in paragraph (1).
(B) The memorandum of understanding shall provide that the
Secretary of the Air Force reimburse the Bureau of Land Manage-
ment for any costs incurred by the Bureau of Land Management
under this paragraph.
(f ) USE OF MINERAL MATERIALS.—Notwithstanding any other
provision of this title or the Act of July 31, 1947 (commonly known
as the Materials Act of 1947; 30 U.S.C. 601 et seq.), the Secretary
of the Air Force may use, from the lands withdrawn and reserved
by this title, sand, gravel, or similar mineral material resources
of the type subject to disposition under the Act of July 31, 1947,
when the use of such resources is required for construction needs
of the Juniper Butte Range.
SEC. 2909. INTEGRATED NATURAL RESOURCE MANAGEMENT PLAN.
(a) REQUIREMENT.—(1)(A) Not later than 2 years after the
date of the enactment of this Act, the Secretary of the Air Force
shall, in cooperation with the Secretary of the Interior, the State
of Idaho, and Owyhee County, Idaho, develop an integrated natural
resources management plan to address the management of the
resources of the lands withdrawn and reserved by this title during
their withdrawal and reservation under this title.
(B) Additionally, the integrated natural resource management
plan shall address mitigation and monitoring activities by the Air
Force for State and Federal lands affected by military training
activities associated with the Juniper Butte Range.
(C) The foregoing will be done cooperatively between the Air
Force, the Bureau of Land Management, the State of Idaho, and
Owyhee County, Idaho.
(2) Except as otherwise provided under this title, the integrated
natural resources management plan under this section shall be
developed in accordance with, and meet the requirements of, section
101 of the Sikes Act (16 U.S.C. 670a).
(3)(A) Site development plans shall be prepared before construc-
tion of facilities.
(B) Such plans shall be reviewed by the Bureau of Land
Management, for Federal lands, and the State of Idaho, for State
lands, for consistency with the proposal assessed in the Enhanced
Training in Idaho Environmental Impact Statement.
(C) The portion of such development plans describing
reconfigurable or replacement targets may be conceptual.
(b) ELEMENTS.—The integrated natural resources management
plan under subsection (a) shall—
(1) include provisions for the proper management and
protection of the natural, cultural, and other resources and
values of the lands withdrawn and reserved by this title and
for the use of such resources in a manner consistent with
the uses set forth in section 2902(b);
(2) permit livestock grazing at the discretion of the Sec-
retary of the Air Force in accordance with section 2907 or
H. R. 3616—312
any other authorities relating to livestock grazing that are
available to that Secretary;
(3) permit fencing, water pipeline modifications and exten-
sions, and the construction of aboveground water reservoirs,
and the maintenance and repair of these items on the lands
withdrawn and reserved by this title, and on other lands under
the jurisdiction of the Bureau of Land Management; and
(4) otherwise provide for the management by the Secretary
of the Air Force of any lands withdrawn and reserved by
this title while retained under the jurisdiction of that Secretary
under this title.
(c) PERIODIC REVIEW.—The Secretary of the Air Force shall,
in cooperation with the Secretary of the Interior and the State
of Idaho, review the adequacy of the provisions of the integrated
natural resources management plan developed under this section
at least once every 5 years after the effective date of the plan.
SEC. 2910. MEMORANDUM OF UNDERSTANDING.
(a) REQUIREMENT.—The Secretary of the Air Force, the Sec-
retary of the Interior, and the Governor of the State of Idaho
shall jointly enter into a memorandum of understanding to imple-
ment the integrated natural resources management plan required
under section 2909.
(b) TERM.—The memorandum of understanding under sub-
section (a) shall apply to any lands withdrawn and reserved by
this title until their relinquishment by the Secretary of the Air
Force under this title.
(c) MODIFICATION.—The memorandum of understanding under
subsection (a) may be modified by agreement of all the parties
specified in that subsection.
SEC. 2911. MAINTENANCE OF ROADS.
The Secretary of the Air Force shall enter into agreements
with the Owyhee County Highway District, Idaho, and the Three
Creek Good Roads Highway District, Idaho, under which the Sec-
retary of the Air Force shall pay the costs of road maintenance
incurred by such districts that are attributable to operations of
the Department of the Air Force associated with the Juniper Butte
Range.
SEC. 2912. MANAGEMENT OF WITHDRAWN AND ACQUIRED MINERAL
RESOURCES.
Except as provided in subsection 2908(f ), the Secretary of the
Interior shall manage all withdrawn and acquired mineral resources
within the boundaries of the Juniper Butte Range in accordance
with the Act of February 28, 1958 (commonly known as the Engle
Act; 43 U.S.C. 155 et seq.).
SEC. 2913. HUNTING, FISHING, AND TRAPPING.
All hunting, fishing, and trapping on the lands withdrawn
and reserved by this title shall be conducted in accordance with
section 2671 of title 10, United States Code.
SEC. 2914. WATER RIGHTS.
(a) LIMITATION.—The Secretary of the Air Force shall not seek
or obtain any water rights associated with any water pipeline
modified or extended, or aboveground water reservoir constructed,
for purposes of consideration under section 2907.
H. R. 3616—313
(b) NEW RIGHTS.—(1) Nothing in this title shall be construed
to establish a reservation in favor of the United States with respect
to any water or water right on the lands withdrawn and reserved
by this title.
(2) Nothing in this title shall be construed to authorize the
appropriation of water on the lands withdrawn and reserved by
this title by the United States after the date of the enactment
of this Act unless such appropriation is carried out in accordance
with the laws of the State of Idaho.
(c) APPLICABILITY.—This section may not be construed to affect
any water rights acquired by the United States before the date
of the enactment of this Act.
SEC. 2915. DURATION OF WITHDRAWAL.
(a) TERMINATION—(1) Except as otherwise provided in this sec-
tion and section 2916, the withdrawal and reservation made by
this title shall terminate 25 years after the date of the enactment
of this Act.
(2) At the time of termination, the previously withdrawn lands
shall not be open to the general land laws, including the mining
laws and the mineral and geothermal leasing laws, until the Sec-
retary of the Interior publishes in the Federal Register an appro-
priate order which shall state the date upon which such lands
shall be opened.
(b) RELINQUISHMENT.—(1) If the Secretary of the Air Force
determines under subsection (c) that the Air Force has no continuing
military need for any lands withdrawn and reserved by this title,
the Secretary of the Air Force shall submit to the Secretary of
the Interior a notice of intent to relinquish jurisdiction over such
lands to the Secretary of the Interior.
(2) The Secretary of the Interior may accept jurisdiction over
any lands covered by a notice of intent to relinquish jurisdiction
under paragraph (1) if the Secretary of the Interior determines
that the Secretary of the Air Force has completed the environmental
review required under section 2916(a) and the conditions under
section 2916(c) have been met.
(3) If the Secretary of the Interior decides to accept jurisdiction
over lands under paragraph (2) before the date of termination,
as provided for in subsection (a)(1), the Secretary of the Interior
shall publish in the Federal Register an appropriate order which
shall—
(A) revoke the withdrawal and reservation of such lands
under this title;
(B) constitute official acceptance of administrative jurisdic-
tion over the lands by the Secretary of the Interior; and
(C) state the date upon which such lands shall be opened
to the operation of the general land laws, including the mining
laws and the mineral and geothermal leasing laws, if appro-
priate.
(4) The Secretary of the Interior shall manage any lands relin-
quished under this subsection as multiple use status lands.
(5) If the Secretary of the Interior declines pursuant to sub-
section (b)(2) to accept jurisdiction of any parcel of land proposed
for relinquishment, that parcel shall remain under the continued
administration of the Secretary of the Air Force pursuant to section
2916(d).
H. R. 3616—314
(c) EXTENSION.—(1) In the case of any lands withdrawn and
reserved by this title that the Air Force proposes to include in
a notice of extension because of continued military need under
paragraph (2), the Secretary of the Air Force shall, before issuing
the notice under paragraph (2)—
(A) evaluate the environmental effects of the extension
of the withdrawal and reservation of such lands in accordance
with all applicable laws and regulations; and
(B) hold at least one public meeting in the State of Idaho
regarding that evaluation.
(2)(A) Not later than 2 years before the termination of the
withdrawal and reservation of lands by this title under subsection
(a), the Secretary of the Air Force shall notify Congress and the
Secretary of the Interior as to whether or not the Air Force has
a continuing military need for any of the lands withdrawn and
reserved by this title, and not previously relinquished under this
section, after the termination date as specified in subsection (a).
(B)(i) The Secretary of the Air force shall specify in the notice
under subparagraph (A) the duration of any extension or further
extension of withdrawal and reservation of such lands under this
title.
(ii) The duration of each extension or further extension under
clause (i) shall not exceed 25 years.
(C) The notice under subparagraph (A) shall be published in
the Federal Register and a newspaper of local distribution with
the opportunity for comments, within a 60-day period, which shall
be provided to the Secretary of the Air Force and the Secretary
of the Interior.
(3)(A) Subject to subparagraph (B), in the case of any lands
withdrawn and reserved by this title that are covered by a notice
of extension under subsection (c)(2), the withdrawal and reservation
of such lands shall extend under the provisions of this title after
the termination date otherwise provided for under subsection (a)
for such period as is specified in the notice under subsection (c)(2).
(B) Subparagraph (A) shall not apply with respect to any lands
covered by a notice referred to in that paragraph until 90 legislative
days after the date on which the notice with respect to such lands
is submitted to Congress under paragraph (2).
SEC. 2916. ENVIRONMENTAL REMEDIATION OF RELINQUISHED WITH-
DRAWN LANDS OR UPON TERMINATION OF WITH-
DRAWAL.
(a) ENVIRONMENTAL REVIEW.—(1) Before submitting under sec-
tion 2915 a notice of an intent to relinquish jurisdiction over lands
withdrawn and reserved by this title, and in all cases not later
than 2 years before the date of termination of withdrawal and
reservation, the Secretary of the Air Force shall, in consultation
with the Secretary of the Interior, complete a review that fully
characterizes the environmental conditions of such lands (including
any water and air associated with such lands) in order to identify
any contamination on such lands.
(2) The Secretary of the Air Force shall submit to the Secretary
of the Interior a copy of the review prepared with respect to any
lands under paragraph (1). The Secretary of the Air Force shall
also submit at the same time any notice of intent to relinquish
jurisdiction over such lands under section 2915.
H. R. 3616—315
(3) The Secretary of the Air Force shall submit a copy of
any such review to Congress.
(b) ENVIRONMENTAL REMEDIATION OF LANDS.—The Secretary
of the Air Force shall, in accordance with applicable State and
Federal law, carry out and complete environmental remediation—
(1) before relinquishing jurisdiction to the Secretary of
the Interior over any lands identified in a notice of intent
to relinquish under section 2915(b); or
(2) before the date of termination of the withdrawal and
reservation, except as provided under subsection (d).
(c) POSTPONEMENT OF RELINQUISHMENT.—The Secretary of the
Interior shall not accept jurisdiction over any lands that are the
subject of activities under subsection (b) until the Secretary of
the Interior determines that environmental conditions on the lands
are such that—
(1) all necessary environmental remediation has been com-
pleted by the Secretary of the Air Force;
(2) the lands are safe for nonmilitary uses; and
(3) the lands could be opened consistent with the Secretary
of the Interior’s public land management responsibilities.
(d) JURISDICTION WHEN WITHDRAWAL TERMINATES.—If the
determination required by section (c) cannot be achieved for any
parcel of land subject to the withdrawal and reservation before
the termination date of the withdrawal and reservation, the Sec-
retary of the Air Force shall retain administrative jurisdiction over
such parcels of land notwithstanding the termination date for the
limited purposes of—
(1) environmental remediation activities under subsection
(b); and
(2) any activities relating to the management of such lands
after the termination of the withdrawal reservation for military
purposes that are provided for in the integrated natural
resources management plan under section 2909.
(e) EFFECT ON OTHER LAWS.—Nothing in this title shall affect,
or be construed to affect, the obligations, if any, of the Secretary
of the Air Force to decontaminate lands withdrawn by this title
pursuant to applicable law, including the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9601 et seq.) and the Solid Waste Disposal Act (42 U.S.C.
6901 et seq.).
SEC. 2917. DELEGATION OF AUTHORITY.
(a) DEPARTMENT OF THE AIR FORCE FUNCTIONS.—Except for
executing the agreement referred to in section 2907, the Secretary
of the Air Force may delegate that Secretary’s functions under
this title.
(b) DEPARTMENT OF THE INTERIOR FUNCTIONS.—(1) Except as
provided in paragraph (2), the Secretary of the Interior may delegate
that Secretary’s functions under this title.
(2) The order referred to in section 2915(b)(3) may be approved
and signed only by the Secretary of the Interior, the Deputy Sec-
retary of the Interior, or an Assistant Secretary of the Interior.
(3) The approvals granted by the Bureau of Land Management
shall be pursuant to the decisions of the Secretary of the Interior,
or the Assistant Secretary for Land and Minerals Management.
H. R. 3616—316
SEC. 2918. HOLD HARMLESS.
Any party conducting any mining, mineral, or geothermal leas-
ing activity on lands withdrawn and reserved by this title shall
indemnify the United States against any costs, fees, damages, or
other liabilities (including costs of litigation) incurred by the United
States and arising from or relating to such mining activities, includ-
ing costs of mineral materials disposal, whether arising under the
Comprehensive 
Environmental 
Response, 
Compensation, 
and
Liability Act of 1980 (42 U.S.C. 9601 et seq.), the Solid Waste
Disposal Act (42 U.S.C. 6901 et seq.), or otherwise.
SEC. 2919. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may
be necessary to carry out this title.
DIVISION C—DEPARTMENT OF ENERGY
NATIONAL 
SECURITY 
AUTHORIZA-
TIONS AND OTHER AUTHORIZATIONS
TITLE XXXI—DEPARTMENT OF ENERGY
NATIONAL SECURITY PROGRAMS
Subtitle A—National Security Programs Authorizations
Sec. 3101. Weapons activities.
Sec. 3102. Defense environmental restoration and waste management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Sec. 3105. Defense environmental management privatization.
Subtitle B—Recurring General Provisions
Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction activities.
Sec. 3127. Funds available for all national security programs of the Department of
Energy.
Sec. 3128. Availability of funds.
Sec. 3129. Transfers of defense environmental management funds.
Subtitle C—Program Authorizations, Restrictions, and Limitations
Sec. 3131. Permanent extension of funding prohibition relating to international
cooperative stockpile stewardship.
Sec. 3132. Support of ballistic missile defense activities of the Department of
Defense.
Sec. 3133. Nonproliferation activities.
Sec. 3134. Licensing of certain mixed oxide fuel fabrication and irradiation facilities.
Sec. 3135. Continuation of processing, treatment, and disposition of legacy nuclear
materials.
Sec. 3136. Authority for Department of Energy federally funded research and devel-
opment centers to participate in merit-based technology research and
development programs.
Sec. 3137. Activities of Department of Energy facilities.
Sec. 3138. Hanford overhead and service center costs.
Sec. 3139. Hanford waste tank cleanup program reforms.
Sec. 3140. Hanford Health Information Network.
Sec. 3141. Hazardous materials management and emergency response training
program.
Sec. 3142. Support for public education in the vicinity of Los Alamos National
Laboratory, New Mexico.
H. R. 3616—317
Sec. 3143. Relocation of National Atomic Museum, Albuquerque, New Mexico.
Sec. 3144. Tritium production.
Subtitle D—Other Matters
Sec. 3151. Study and plan relating to worker and community transition assistance.
Sec. 3152. Extension of authority for appointment of certain scientific, engineering,
and technical personnel.
Sec. 3153. Requirement for plan to modify employment system used by Department
of Energy in defense environmental management programs.
Sec. 3154. Department of Energy nuclear materials couriers.
Sec. 3155. Increase in maximum rate of pay for scientific, engineering, and technical
personnel responsible for safety at defense nuclear facilities.
Sec. 3156. Extension of authority of Department of Energy to pay voluntary separa-
tion incentive payments.
Sec. 3157. Repeal of fiscal year 1998 statement of policy on stockpile stewardship
program.
Sec. 3158. Report on stockpile stewardship criteria.
Sec. 3159. Panel to assess the reliability, safety, and security of the United States
nuclear stockpile.
Sec. 3160. International cooperative information exchange.
Sec. 3161. Protection against inadvertent release of Restricted Data and Formerly
Restricted Data.
Sec. 3162. Sense of Congress regarding treatment of Formerly Utilized Sites Reme-
dial Action Program under a nondefense discretionary budget function.
Sec. 3163. Reports relating to tritium production.
Subtitle A—National Security Programs
Authorizations
SEC. 3101. WEAPONS ACTIVITIES.
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated to the Department of Energy for fiscal year 1999 for weapons
activities in carrying out programs necessary for national security
in the amount of $4,511,600,000, to be allocated as follows:
(1) STOCKPILE STEWARDSHIP.—Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal year
1999 for stockpile stewardship in carrying out weapons activi-
ties necessary for national security programs in the amount
of $2,148,375,000, to be allocated as follows:
(A) For core stockpile stewardship, $1,591,375,000, to
be allocated as follows:
(i) For operation and maintenance, $1,475,832,000.
(ii) For plant projects (including maintenance, res-
toration, planning, construction, acquisition, modifica-
tion of facilities, and the continuation of projects
authorized in prior years, and land acquisition related
thereto), $115,543,000, to be allocated as follows:
Project 99–D–102, rehabilitation of mainte-
nance facility, Lawrence Livermore National Lab-
oratory, Livermore, California, $6,500,000.
Project 99–D–103, isotope sciences facilities,
Lawrence Livermore National Laboratory, Liver-
more, California, $4,000,000.
Project 99–D–104, protection of real property
(roof reconstruction, Phase II), Lawrence Liver-
more National Laboratory, Livermore, California,
$7,300,000.
Project 99–D–105, central health physics
calibration facility, Los Alamos National Labora-
tory, Los Alamos, New Mexico, $3,900,000.
H. R. 3616—318
Project 99–D–106, model validation and sys-
tem certification test center, Sandia National Lab-
oratories, Albuquerque, New Mexico, $1,600,000.
Project 
99–D–107, 
joint 
computational
engineering laboratory, Sandia National Labora-
tories, Albuquerque, New Mexico, $1,800,000.
Project 99–D–108, renovate existing roadways,
Nevada Test Site, Nevada, $2,000,000.
Project 
97–D–102, 
dual-axis 
radiographic
hydrotest facility, Los Alamos National Labora-
tory, Los Alamos, New Mexico, $36,000,000.
Project 96–D–102, stockpile stewardship facili-
ties revitalization, Phase VI, various locations,
$20,423,000.
Project 
96–D–103, 
ATLAS, 
Los 
Alamos
National Laboratory, Los Alamos, New Mexico,
$6,400,000.
Project 96–D–104, processing and environ-
mental technology laboratory, Sandia National
Laboratories, 
Albuquerque, 
New 
Mexico,
$18,920,000.
Project 96–D–105, contained firing facility
addition, Lawrence Livermore National Labora-
tory, Livermore, California, $6,700,000.
(B) For inertial fusion, $498,000,000, to be allocated
as follows:
(i) For operation and maintenance, $213,800,000.
(ii) For the following plant project (including
maintenance, 
restoration, 
planning, 
construction,
acquisition, and modification of facilities, and land
acquisition related thereto), $284,200,000, to be allo-
cated as follows:
Project 96–D–111, national ignition facility,
Lawrence Livermore National Laboratory, Liver-
more, California, $284,200,000.
(C) 
For 
technology 
partnership 
and 
education,
$59,000,000, to be allocated as follows:
(i) For technology partnership, $50,000,000.
(ii) For education, $9,000,000.
(2) STOCKPILE MANAGEMENT.—Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal year
1999 for stockpile management in carrying out weapons activi-
ties necessary for national security programs in the amount
of $2,113,225,000, to be allocated as follows:
(A) For operation and maintenance, $2,014,303,000.
(B) For plant projects (including maintenance, restora-
tion, planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior 
years, 
and 
land 
acquisition 
related 
thereto),
$98,922,000, to be allocated as follows:
Project 99–D–122, rapid reactivation, various loca-
tions, $11,200,000.
Project 99–D–123, replace mechanical utility sys-
tems, Y–12 Plant, Oak Ridge, Tennessee, $1,900,000.
Project 99–D–125, replace boilers and controls,
Kansas City Plant, Kansas City, Missouri, $1,000,000.
H. R. 3616—319
Project 
99–D–127, 
stockpile 
management
restructuring initiative, Kansas City Plant, Kansas
City, Missouri, $13,700,000.
Project 
99–D–128, 
stockpile 
management
restructuring initiative, Pantex Plant consolidation,
Amarillo, Texas, $1,108,000.
Project 
99–D–132, 
stockpile 
management
restructuring initiative, nuclear material safeguards
and security upgrades project, Los Alamos National
Laboratory, Los Alamos, New Mexico, $9,700,000.
Project 
98–D–123, 
stockpile 
management
restructuring initiative, tritium facility modernization
and consolidation, Savannah River Site, Aiken, South
Carolina, $27,500,000.
Project 
98–D–124, 
stockpile 
management
restructuring initiative, Y–12 Plant consolidation, Oak
Ridge, Tennessee, $10,700,000.
Project 97–D–122, nuclear materials storage facil-
ity renovation, Los Alamos National Laboratory, Los
Alamos, New Mexico, $3,764,000.
Project 97–D–123, structural upgrades, Kansas
City Plant, Kansas City, Missouri, $6,400,000.
Project 
96–D–122, 
sewage 
treatment 
quality
upgrade, Pantex Plant, Amarillo, Texas, $3,700,000.
Project 95–D–102, chemistry and metallurgy
research building upgrades, Los Alamos National Lab-
oratory, Los Alamos, New Mexico, $5,000,000.
Project 93–D–122, life safety upgrades, Y–12 Plant,
Oak Ridge, Tennessee, $3,250,000.
(3) PROGRAM DIRECTION.—Funds are hereby authorized to
be appropriated to the Department of Energy for fiscal year
1999 for program direction in carrying out weapons activities
necessary for national security programs in the amount of
$250,000,000.
(b) ADJUSTMENTS.—
(1) CONSTRUCTION.—The total amount authorized to be
appropriated pursuant to paragraphs (1)(A)(ii), (1)(B)(ii), and
(2)(B) of subsection (a) is the sum of the amounts authorized
to be appropriated in those paragraphs, reduced by $13,600,000.
(2) NON-CONSTRUCTION.—The total amount authorized to
be appropriated pursuant to paragraphs (1)(A)(i), (1)(B)(i),
(1)(C), (2)(A), and (3) of subsection (a) is the sum of the amounts
authorized to be appropriated in those paragraphs, reduced
by $178,900,000, to be derived from use of prior year balances.
SEC. 3102. DEFENSE ENVIRONMENTAL RESTORATION AND WASTE
MANAGEMENT.
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated to the Department of Energy for fiscal year 1999 for environ-
mental restoration and waste management in carrying out programs
necessary for national security in the amount of $5,446,143,000,
to be allocated as follows:
(1) CLOSURE PROJECTS.—For closure projects carried out
in accordance with section 3143 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104–201;
110 Stat. 2836; 42 U.S.C. 7274n) in the amount of
$1,038,240,000.
H. R. 3616—321
(B) For plant projects (including maintenance, restora-
tion, planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior 
years, 
and 
land 
acquisition 
related 
thereto),
$81,256,000, to be allocated as follows:
Project 99–D–403, privatization phase I infrastruc-
ture support, Richland, Washington, $14,800,000.
Project 97–D–402, tank farm restoration and safe
operations, Richland, Washington, $22,723,000.
Project 96–D–408, waste management upgrades,
Richland, Washington, $171,000.
Project 94–D–407, initial tank retrieval systems,
Richland, Washington, $32,860,000.
Project 93–D–187, high-level waste removal from
filled waste tanks, Savannah River Site, Aiken, South
Carolina, $10,702,000.
(4) SCIENCE AND TECHNOLOGY.—For science and technology
in carrying out environmental restoration and waste manage-
ment activities necessary for national security programs in
the amount of $250,000,000.
(5) PROGRAM DIRECTION.—For program direction in carry-
ing out environmental restoration and waste management
activities necessary for national security programs in the
amount of $346,199,000.
(b) ADJUSTMENT.—The total amount authorized to be appro-
priated pursuant to paragraphs (1), (2)(A), (3)(A), (4), and (5) of
subsection (a) is the sum of the amounts authorized to be appro-
priated in those paragraphs, reduced by $94,100,000, to be derived
from use of prior year balances.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated to the Department of Energy for fiscal year 1999 for other
defense activities in carrying out programs necessary for national
security in the amount of $1,716,160,000, to be allocated as follows:
(1) NONPROLIFERATION AND NATIONAL SECURITY.—For non-
proliferation and national security, $699,300,000, to be allocated
as follows:
(A) 
For 
verification 
and 
control 
technology,
$503,500,000, to be allocated as follows:
(i) For nonproliferation and verification research
and development, $210,000,000.
(ii) For arms control, $256,900,000.
(iii) For intelligence, $36,600,000.
(B) For nuclear safeguards and security, $53,200,000.
(C) For security investigations, $30,000,000.
(D) For emergency management, $23,700,000.
(E) For program direction, $88,900,000.
(2) WORKER AND COMMUNITY TRANSITION ASSISTANCE.—For
worker and community transition assistance, $40,000,000, to
be allocated as follows:
(A) For worker and community transition, $36,000,000.
(B) For program direction, $4,000,000.
(3) FISSILE
MATERIALS
CONTROL
AND
DISPOSITION.—For
fissile materials control and disposition, $168,960,000, to be
allocated as follows:
(A) For operation and maintenance, $111,372,000.
H. R. 3616—322
(B) For program direction, $4,588,000.
(C) For plant projects (including maintenance, restora-
tion, planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior 
years, 
and 
land 
acquisition 
related 
thereto),
$53,000,000, to be allocated as follows:
Project 99–D–141, pit disassembly and conversion
facility, various locations, $25,000,000.
Project 99–D–143, mixed oxide fuel fabrication
facility, various locations, $28,000,000.
(4) ENVIRONMENT, SAFETY, AND HEALTH.—For environment,
safety, and health, defense, $89,000,000, to be allocated as
follows:
(A) For the Office of Environment, Safety, and Health
(Defense), $84,231,000.
(B) For program direction, $4,769,000.
(5) OFFICE OF HEARINGS AND APPEALS.—For the Office of
Hearings and Appeals, $2,400,000.
(6) INTERNATIONAL
NUCLEAR
SAFETY.—For international
nuclear safety, $35,000,000.
(7) NAVAL REACTORS.—For naval reactors, $681,500,000,
to be allocated as follows:
(A) For naval reactors development, $661,400,000, to
be allocated as follows:
(i) For operation and maintenance, $639,600,000.
(ii) For plant projects (including maintenance, res-
toration, planning, construction, acquisition, modifica-
tion of facilities, and the continuation of projects
authorized in prior years, and land acquisition related
thereto), $21,800,000, to be allocated as follows:
GPN–101, general plant projects, various loca-
tions, $9,000,000.
Project 
98–D–200, 
site 
laboratory/facility
upgrade, various locations, $7,000,000.
Project 90–N–102, expended core facility dry
cell project, Naval Reactors Facility, Idaho,
$5,800,000.
(B) For program direction, $20,100,000.
(b) ADJUSTMENT.—(1) The total amount authorized to be appro-
priated pursuant to this section is the sum of the amounts author-
ized to be appropriated in paragraphs (1) through (7) of subsection
(a) reduced by $2,000,000.
(2) The amount authorized to be appropriated pursuant to
subsection (a)(1)(C) is reduced by $20,000,000 to reflect an offset
provided by user organizations for security investigations.
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 1999 for payment 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.
SEC. 3105. DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION.
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated to the Department of Energy for fiscal year 1999 for
privatization initiatives in carrying out environmental restoration
H. R. 3616—323
and waste management activities necessary for national security
programs in the amount of $286,857,000, to be allocated as follows:
Project 99–PVT–1, remote handled transuranic waste
transportation, Carlsbad, New Mexico, $19,605,000.
Project 98–PVT–2, spent nuclear fuel dry storage, Idaho
Falls, Idaho, $30,000,000.
Project 98–PVT–5, waste disposal, Oak Ridge, Tennessee,
$50,000,000.
Project 97–PVT–1, tank waste remediation system phase
I, Hanford, Washington, $100,000,000.
Project 97–PVT–2, advanced mixed waste treatment facil-
ity, Idaho Falls, Idaho, $87,252,000.
(b) ADJUSTMENT.—The amount authorized to be appropriated
in subsection (a) is the sum of the amounts authorized to be appro-
priated for the projects set forth in that subsection, reduced by
$32,000,000 for use of prior year balances of funds for defense
environmental management privatization.
Subtitle B—Recurring General Provisions
SEC. 3121. REPROGRAMMING.
(a) IN GENERAL.—Until the Secretary of Energy submits to
the congressional defense committees the report referred to in sub-
section (b) and a period of 30 days has elapsed after the date
on which such committees receive the report, the Secretary may
not use amounts appropriated pursuant to this title for any pro-
gram—
(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 authorized for
that program by this title; or
(2) which has not been presented to, or requested of, Con-
gress.
(b) REPORT.—(1) The report referred to in subsection (a) is
a report containing a full and complete statement of the action
proposed to be taken and the facts and circumstances relied upon
in support of such proposed action.
(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 $5,000,000.
(b) REPORT TO CONGRESS.—If, at any time during the construc-
tion of any general plant project authorized by this title, the esti-
mated cost of the project is revised because of unforeseen cost
H. R. 3616—324
variations and the revised cost of the project exceeds $5,000,000,
the Secretary shall immediately 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 paragraph (2),
construction on a construction project may not be started or addi-
tional 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 previous
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 justification data submitted
to Congress.
(2) An action described in paragraph (1) may be taken if—
(A) the Secretary of Energy has submitted to the congres-
sional defense committees a report on the actions and the
circumstances making such action necessary; and
(B) a period of 30 days has elapsed after the date on
which the report is received by the committees.
(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 construc-
tion 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 avail-
able 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.—(1) Subject
to paragraph (2), the Secretary of Energy may transfer funds
authorized to be appropriated to the Department of Energy pursu-
ant to this title between any such authorizations. Amounts of
authorizations so transferred may be merged with and be available
for the same purposes and for the same period as the authorization
to which the amounts are transferred.
(2) Not more than 5 percent of any such authorization 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.
(c) LIMITATION.—The authority provided by this section to
transfer authorizations—
(1) may only be used to provide funds for items relating
to activities necessary for national security programs that have
a higher priority than the items from which the funds are
transferred; and