IB
Union Calendar No. 116
105TH CONGRESS
1ST SESSION
H. R. 2203
[Report No. 105–190]
Making appropriations for energy and water development for the fiscal year
ending September 30, 1998, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 21, 1997
Mr. MCDADE, from the Committee on Appropriations, reported the following
bill; which was committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
A BILL
Making appropriations for energy and water development
for the fiscal year ending September 30, 1998, and for
other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 1998, for energy and
water development, and for other purposes, namely:
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TITLE I
DEPARTMENT OF DEFENSE—CIVIL
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS—CIVIL
The following appropriations shall be expended under
the direction of the Secretary of the Army and the super-
vision of the Chief of Engineers for authorized civil func-
tions of the Department of the Army pertaining to rivers
and harbors, flood control, beach erosion, and related pur-
poses.
GENERAL INVESTIGATIONS
For expenses necessary for the collection and study
of basic information pertaining to river and harbor, flood
control, shore protection, and related projects, restudy of
authorized projects, miscellaneous investigations, and,
when authorized by laws, surveys and detailed studies and
plans and specifications of projects prior to construction,
$157,260,000, to remain available until expended, of
which funds are provided for the following projects in the
amounts specified:
Delaware Bay Coastline, Delaware and New
Jersey, $656,000;
Tampa 
Harbor, 
Alafia 
Channel, 
Florida,
$270,000;
Barnegat Inlet to Little Egg Harbor Inlet, New
Jersey, $400,000;
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Brigantine Inlet to Great Egg Harbor Inlet,
New Jersey, $472,000;
Great Egg Harbor Inlet to Townsends Inlet,
New Jersey, $400,000;
Lower Cape May Meadows—Cape May Point,
New Jersey, $154,000;
Manasquan Inlet to Barnegat Inlet, New Jer-
sey, $400,000;
Raritan Bay to Sandy Hook Bay (Cliffwood
Beach), New Jersey, $300,000;
Townsends Inlet to Cape May Inlet, New Jer-
sey, $500,000; and
Monongahela River, Fairmont, West Virginia,
$350,000:
Provided, That the Secretary of the Army, acting through
the Chief of Engineers, is directed to use $600,000 of the
funds appropriated in Public Law 102–377 for the Red
River Waterway, Shreveport, Louisiana, to Daingerfield,
Texas, project for the feasibility phase of the Red River
Navigation, Southwest Arkansas, study: Provided further,
That the Secretary of the Army, acting through the Chief
of Engineers, is directed to use $470,000 of the funds ap-
propriated herein to initiate the feasibility phase for the
Metropolitan Louisville, Southwest, Kentucky, study.
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CONSTRUCTION, GENERAL
For the prosecution of river and harbor, flood control,
shore protection, and related projects authorized by laws;
and detailed studies, and plans and specifications, of
projects (including those for development with participa-
tion or under consideration for participation by States,
local governments, or private groups) authorized or made
eligible for selection by law (but such studies shall not con-
stitute a commitment of the Government to construction),
$1,475,892,000, to remain available until expended, of
which such sums as are necessary pursuant to Public Law
99–662 shall be derived from the Inland Waterways Trust
Fund, for one-half of the costs of construction and reha-
bilitation of inland waterways projects, including rehabili-
tation costs for the Lock and Dam 25, Mississippi River,
Illinois and Missouri; Lock and Dam 14, Mississippi
River, Iowa; Lock and Dam 24, Mississippi River, Illinois
and Missouri; and Lock and Dam 3, Mississippi River,
Minnesota, projects, and of which funds are provided for
the following projects in the amounts specified:
Norco Bluffs, California, $1,000,000;
San 
Timoteo 
Creek 
(Santa 
Ana 
River
Mainstem), California, $5,000,000;
Tybee Island, Georgia, $2,500,000;
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Indianapolis 
Central 
Waterfront, 
Indiana,
$7,000,000;
Indiana 
Shoreline 
Erosion, 
Indiana,
$3,000,000;
Lake George, Hobart, Indiana, $3,500,000;
Ohio 
River 
Flood 
Protection, 
Indiana,
$1,300,000;
Harlan, Williamsburg, and Middlesboro, Ken-
tucky, element of the Levisa and Tug Forks of the
Big Sandy River and Upper Cumberland River,
$27,890,000;
Martin County, Kentucky, element of the
Levisa and Tug Forks of the Big Sandy River and
Upper Cumberland River, $5,500,000;
Pike County, Kentucky, element of the Levisa
and Tug Forks of the Big Sandy River and Upper
Cumberland River, $5,800,000;
Salyersville, Kentucky, $2,050,000;
Lake Pontchartrain and Vicinity (Hurricane
Protection), Louisiana, $22,920,000;
Lake 
Pontchartrain 
(Jefferson 
Parish)
Stormwater Discharge, Louisiana, $2,379,000;
Flint River, Michigan, $875,000;
Jackson County, Mississippi, $3,000,000;
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Joseph G. Minish Passaic River Park, New Jer-
sey, $5,000,000;
Hudson River, Athens, New York, $8,700,000;
Lackawanna River, Olyphant, Pennsylvania,
$1,400,000;
Lackawanna River, Scranton, Pennsylvania,
$5,425,000;
Lycoming County, Pennsylvania, $339,000;
South Central Pennsylvania Environment Im-
provement 
Program, 
$30,000,000, 
of 
which
$10,000,000 shall be available only for water-related
environmental infrastructure and resource protection
and development projects in Lackawanna, Lycoming,
Susquehanna, Wyoming, Pike, and Monroe counties
in Pennsylvania in accordance with the purposes of
subsection (a) and requirements of subsections (b)
through (e) of section 313 of the Water Resources
Development Act of 1992, as amended;
Williamsport, Pennsylvania, $225,000;
Wallisville Lake, Texas, $9,200,000;
Virginia Beach, Virginia, $10,000,000;
West Virginia and Pennsylvania Flood Control,
West Virginia and Pennsylvania, $3,000,000;
Provided, That the Secretary of the Army, acting through
the Chief of Engineers, is directed to proceed with design
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and construction of the Southeast Louisiana, Louisiana,
project and to award continuing contracts, which are not
to be considered fully funded, beginning in fiscal year
1998 consistent with the limit of the authorized appropria-
tion ceiling: Provided further, That the Secretary of the
Army is directed to incorporate the economic analyses for
the Green Ridge and Plot sections of the Lackawanna
River, Scranton, Pennsylvania, project with the economic
analysis for the Albright Street section of the project, and
to cost-share and implement these combined sections as
a single project with no separable elements, except that
each section may be undertaken individually when the
non-Federal sponsor provides the applicable local coopera-
tion requirements: Provided further, That section 114 of
Public Law 101–101, the Energy and Water Development
Appropriations Act, 1990, is amended by striking ‘‘total
cost of $19,600,000’’ and inserting in lieu thereof, ‘‘total
cost of $40,000,000’’: Provided further, That the Sec-
retary of the Army, acting through the Chief of Engineers,
is authorized and directed to combine the Wilmington
Harbor—Northeast Cape Fear River, North Carolina,
project authorized in section 202(a) of the Water Re-
sources Development Act of 1986, the Wilmington Har-
bor, Cape Fear River, North Carolina, project authorized
in section 101(a)(23) of the Water Resources Develop-
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ment Act of 1996, and the Cape Fear—Northeast (Cape
Fear) Rivers, North Carolina, project authorized in sec-
tion 101(a)(22) of the Water Resources Development Act
of 1996 into a single project with one Project Cooperation
Agreement based on cost sharing as a single project.
FLOOD
CONTROL,
MISSISSIPPI
RIVER
AND
TRIBU-
TARIES,
ARKANSAS, ILLINOIS, KENTUCKY, LOUISI-
ANA, MISSISSIPPI, MISSOURI, AND TENNESSEE
For expenses necessary for prosecuting work of flood
control, and rescue work, repair, restoration, or mainte-
nance of flood control projects threatened or destroyed by
flood, as authorized by law (33 U.S.C. 702a, 702g–1),
$285,450,000, to remain available until expended.
OPERATION AND MAINTENANCE, GENERAL
For expenses necessary for the preservation, oper-
ation, maintenance, and care of existing river and harbor,
flood control, and related works, including such sums as
may be necessary for the maintenance of harbor channels
provided by a State, municipality or other public agency,
outside of harbor lines, and serving essential needs of gen-
eral commerce and navigation; surveys and charting of
northern and northwestern lakes and connecting waters;
clearing and straightening channels; and removal of ob-
structions to navigation, $1,726,955,000, to remain avail-
able until expended, of which such sums as become avail-
able in the Harbor Maintenance Trust Fund, pursuant to
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Public Law 99–662, may be derived from that Fund, and
of which such sums as become available from the special
account established by the Land and Water Conservation
Act of 1965, as amended (16 U.S.C. 460l), may be derived
from that Fund for construction, operation, and mainte-
nance of outdoor recreation facilities, and of which funds
are provided for the following projects in the amounts
specified:
Anclote River, Florida, $1,500,000; and
Raystown Lake, Pennsylvania, $4,690,000:
Provided, That the Secretary of the Army, acting through
the Chief of Engineers, is directed to use funds appro-
priated in Public Law 104–206 to reimburse the local
sponsor of the Fort Myers Beach, Florida, project for the
maintenance dredging performed by the local sponsor to
open the authorized channel to navigation in fiscal year
1996.
REGULATORY PROGRAM
For expenses necessary for administration of laws
pertaining to regulation of navigable waters and wetlands,
$112,000,000, to remain available until expended.
FLOOD CONTROL AND COASTAL EMERGENCIES
For expenses necessary for emergency flood control,
hurricane, and shore protection activities, as authorized
by section 5 of the Flood Control Act approved August
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18, 1941, as amended, $14,000,000, to remain available
until expended.
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary to administer and execute the
Formerly Utilized Sites Remedial Action Program to clean
up contaminated sites throughout the United States where
work was performed as part of the Nation’s early atomic
energy program, $110,000,000, to remain available until
expended: Provided, That funding obligated to an individ-
ual site in the Formerly Utilized Sites Remedial Action
Program shall not exceed the amount obligated during fis-
cal year 1997 unless the following conditions are met: (1)
there is a technical plan, schedule, and life-cycle cost esti-
mate for the work to be performed; (2) the remedy se-
lected for the site has been developed to meet, but not
exceed, the standard of cleanup required for reasonably
anticipated future land use and ground water uses; (3)
the remedy selected has incorporated separation or other
technology where practicable to reduce the amount of ma-
terial that is to be excavated, removed, transported, or dis-
posed; (4) the contracting mechanism used for the cleanup
of each site will be competitive fixed-price wherever pos-
sible, but as a minimum shall include performance-based
incentives; and (5) the cleanup plan has been presented
to the affected communities, and State and Federal offi-
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cials, and has not received substantial disagreement: Pro-
vided further, That the unexpended balances of prior ap-
propriations provided for these activities in this Act or any
previous Energy and Water Development Appropriations
Act may be transferred to and merged with this appropria-
tion account, and thereafter, may be accounted for as one
fund for the same time period as originally enacted.
GENERAL EXPENSES
For expenses necessary for general administration
and related functions in the Office of the Chief of Engi-
neers and offices of the Division Engineers; activities of
the Coastal Engineering Research Board, the Humphreys
Engineer Center Support Activity, the Engineering Stra-
tegic Studies Center, the Water Resources Support Cen-
ter, and the USACE Finance Center; and for costs of im-
plementing the Secretary of the Army’s plan to reduce the
number of division offices as directed in title I, Public Law
104–206, $148,000,000, to remain available until ex-
pended: Provided, That no part of any other appropriation
provided in title I of this Act shall be available to fund
the activities of the Office of the Chief of Engineers or
the executive direction and management activities of the
division offices.
ADMINISTRATIVE PROVISIONS
Appropriations in this title shall be available for offi-
cial reception and representation expenses (not to exceed
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$5,000); and during the current fiscal year the revolving
fund, Corps of Engineers, shall be available for purchase
(not to exceed 100 for replacement only) and hire of pas-
senger motor vehicles.
TITLE II
DEPARTMENT OF THE INTERIOR
CENTRAL UTAH PROJECT
CENTRAL UTAH PROJECT COMPLETION ACCOUNT
For carrying out activities authorized by the Central
Utah Project Completion Act, and for activities related to
the Uintah and Upalco Units authorized by 43 U.S.C.
620, $40,353,000, to remain available until expended, of
which $16,610,000 shall be deposited into the Utah Rec-
lamation Mitigation and Conservation Account: Provided,
That of the amounts deposited into that account,
$5,000,000 shall be considered the Federal contribution
authorized by paragraph 402(b)(2) of the Central Utah
Project Completion Act and $11,610,000 shall be available
to the Utah Reclamation Mitigation and Conservation
Commission to carry out activities authorized under that
Act.
In addition, for necessary expenses incurred in carry-
ing out related responsibilities of the Secretary of the Inte-
rior, $800,000, to remain available until expended.
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BUREAU OF RECLAMATION
For carrying out the functions of the Bureau of Rec-
lamation as provided in the Federal reclamation laws (Act
of June 17, 1902, 32 Stat. 388, and Acts amendatory
thereof or supplementary thereto) and other Acts applica-
ble to that Bureau as follows:
WATER AND RELATED RESOURCES
(INCLUDING TRANSFER OF FUNDS)
For management, development, and restoration of
water and related natural resources and for related activi-
ties, including the operation, maintenance and rehabilita-
tion of reclamation and other facilities, participation in
fulfilling related Federal responsibilities to Native Ameri-
cans, and related grants to, and cooperative and other
agreements with, State and local governments, Indian
tribes, and others, $651,931,000, to remain available until
expended, of which $12,758,000 shall be available for
transfer to the Upper Colorado River Basin Fund and
$54,242,000 shall be available for transfer to the Lower
Colorado River Basin Development Fund, and of which
such amounts as may be necessary may be advanced to
the Colorado River Dam Fund: Provided, That such trans-
fers may be increased or decreased within the overall ap-
propriation under this heading: Provided further, That of
the total appropriated, the amount for program activities
that can be financed by the Reclamation Fund or the Bu-
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reau of Reclamation special fee account established by 16
U.S.C. 460l–6a(i) shall be derived from that Fund or ac-
count: Provided further, That funds contributed under 43
U.S.C. 395 are available until expended for the purposes
for which contributed: Provided further, That funds ad-
vanced under 43 U.S.C. 397a shall be credited to this ac-
count and are available until expended for the same pur-
poses as the sums appropriated under this heading: Pro-
vided further, That any amounts provided for the safety
of dams modification work at Coolidge Dam, San Carlos
Irrigation Project, Arizona, are in addition to the amount
authorized in 43 U.S.C. 509: Provided further, That the
unexpended balances of the Bureau of Reclamation appro-
priation accounts for ‘‘Construction Program (Including
Transfer of Funds)’’, ‘‘General Investigations’’, ‘‘Emer-
gency Fund’’, and ‘‘Operation and Maintenance’’ shall be
transferred to and merged with this account, to be avail-
able for the purposes for which they originally were appro-
priated.
BUREAU OF RECLAMATION LOAN PROGRAM ACCOUNT
For the cost of direct loans and/or grants,
$10,000,000, to remain available until expended, as au-
thorized by the Small Reclamation Projects Act of August
6, 1956, as amended (43 U.S.C. 422a–422l): Provided,
That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congres-
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sional Budget Act of 1974: Provided further, That these
funds are available to subsidize gross obligations for the
principal amount of direct loans not to exceed
$31,000,000.
In addition, for administrative expenses necessary to
carry out the program for direct loans and/or grants,
$425,000, to remain available until expended: Provided,
That of the total sums appropriated, the amount of pro-
gram activities that can be financed by the Reclamation
Fund shall be derived from that Fund.
CENTRAL VALLEY PROJECT RESTORATION FUND
For carrying out the programs, projects, plans, and
habitat restoration, improvement, and acquisition provi-
sions of the Central Valley Project Improvement Act, such
sums as may be collected in the Central Valley Project
Restoration 
Fund 
pursuant 
to 
sections 
3407(d),
3404(c)(3), 3405(f), and 3406(c)(1) of Public Law 102–
575, to remain available until expended: Provided, That
the Bureau of Reclamation is directed to levy additional
mitigation and restoration payments totaling $30,000,000
(October 1992 price levels) on a three-year rolling average
basis, as authorized by section 3407(d) of Public Law
102–575.
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CALIFORNIA BAY-DELTA ECOSYSTEM RESTORATION
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Department of the In-
terior and other participating Federal agencies in carrying
out the California Bay-Delta Environmental Enhancement
and Water Security Act consistent with plans to be ap-
proved by the Secretary of the Interior, in consultation
with such Federal agencies, $120,000,000, to remain
available until expended, of which such amounts as may
be necessary to conform with such plans shall be trans-
ferred to appropriate accounts of such Federal agencies:
Provided, That such funds may be obligated only as non-
Federal sources provide their share in accordance with the
cost-sharing agreement required under section 102(d) of
such Act: Provided further, That such funds may be obli-
gated prior to the completion of a final programmatic envi-
ronmental impact statement only if: (1) consistent with
40 C.F.R. 1506.1(c), and (2) used for purposes that the
Secretary finds are of sufficiently high priority to warrant
such an expenditure.
POLICY AND ADMINISTRATION
For necessary expenses of policy, administration, and
related functions in the office of the Commissioner, the
Denver office, and offices in the five regions of the Bureau
of Reclamation, to remain available until expended,
$47,658,000, to be derived from the Reclamation Fund
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and be nonreimbursable as provided in 43 U.S.C. 377:
Provided, That no part of any other appropriation in this
Act shall be available for activities or functions budgeted
as policy and administration expenses.
ADMINISTRATIVE PROVISION
Appropriations for the Bureau of Reclamation shall
be available for purchase of not to exceed six passenger
motor vehicles for replacement only.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
ENERGY SUPPLY
For expenses of the Department of Energy activities
including the purchase, construction and acquisition of
plant and capital equipment and other expenses necessary
for energy supply, and uranium supply and enrichment ac-
tivities in carrying out the purposes of the Department
of Energy Organization Act (42 U.S.C. 7101, et seq.), in-
cluding the acquisition or condemnation of any real prop-
erty or any facility or for plant or facility acquisition, con-
struction, or expansion, $880,730,000.
NON-DEFENSE ENVIRONMENTAL MANAGEMENT
For Department of Energy expenses, including the
purchase, construction and acquisition of plant and capital
equipment and other expenses necessary for non-defense
environmental management activities in carrying out the
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purposes of the Department of Energy Organization Act
(42 U.S.C. 1701, et seq.), including the acquisition or con-
demnation of any real property or any facility or for plant
or 
facility 
acquisition, 
construction 
or 
expansion,
$497,619,000, to remain available until expended.
URANIUM ENRICHMENT DECONTAMINATION AND
DECOMMISSIONING FUND
For necessary expenses in carrying out uranium en-
richment facility decontamination and decommissioning,
remedial actions and other activities of title II of the
Atomic Energy Act of 1954 and title X, subtitle A of the
Energy Policy Act of 1992, $220,200,000, to be derived
from the Fund, to remain available until expended: Pro-
vided, That $37,000,000 of amounts derived from the
Fund for such expenses shall be available in accordance
with title X, subtitle A, of the Energy Policy Act of 1992.
SCIENCE
For expenses of the Department of Energy activities
including the purchase, construction and acquisition of
plant and capital equipment and other expenses necessary
for science activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101,
et seq.), including the acquisition or condemnation of any
real property or facility or for plant or facility acquisition,
construction, or expansion, and purchase of 15 passenger
motor vehicles for replacement only, $2,207,632,000, to
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remain 
available 
until 
expended: 
Provided, 
That
$35,000,000 of the unobligated balances originally avail-
able for Superconducting Super Collider termination ac-
tivities shall be made available for other activities under
this heading.
NUCLEAR WASTE DISPOSAL FUND
For nuclear waste disposal activities to carry out the
purposes of Public Law 97–425, as amended, including
the acquisition of real property or facility construction or
expansion, $160,000,000, to remain available until ex-
pended, to be derived from the Nuclear Waste Fund: Pro-
vided, That none of the funds provided herein shall be dis-
tributed to the State of Nevada or affected units of local
government (as defined by Public Law 97–425) by direct
payment, grant, or other means, for financial assistance
under section 116 of the Nuclear Waste Policy Act of
1982, as amended: Provided further, That the foregoing
proviso shall not apply to payments in lieu of taxes under
section 116(c)(3)(A) of the Nuclear Waste Policy Act of
1982, as amended.
DEPARTMENTAL ADMINISTRATION
For salaries and expenses of the Department of En-
ergy necessary for departmental administration in carry-
ing out the purposes of the Department of Energy Organi-
zation Act (42 U.S.C. 7101, et seq.), including the hire
of passenger motor vehicles and official reception and rep-
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resentation 
expenses 
(not 
to 
exceed 
$35,000),
$214,723,000, to remain available until expended: Pro-
vided, That moneys received by the Department for mis-
cellaneous revenues estimated to total $131,330,000 in
fiscal year 1998 may be retained and used for operating
expenses within this account, and may remain available
until expended, as authorized by section 201 of Public
Law 95–238, notwithstanding the provisions of 31 U.S.C.
3302: Provided further, That the sum herein appropriated
shall be reduced by the amount of miscellaneous revenues
received during fiscal year 1998 so as to result in a final
fiscal year 1998 appropriation from the General Fund es-
timated at not more than $83,393,000.
OFFICE OF THE INSPECTOR GENERAL
For necessary expenses of the office of the inspector
general in carrying out the provisions of the Inspector
General Act of 1978, as amended, $27,500,000, to remain
available until expended.
ATOMIC ENERGY DEFENSE ACTIVITIES
WEAPONS ACTIVITIES
For Department of Energy expenses, including the
purchase, construction and acquisition of plant and capital
equipment and other incidental expenses necessary for
atomic energy defense weapons activities in carrying out
the purposes of the Department of Energy Organization
Act (42 U.S.C. 7101, et seq.), including the acquisition
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or condemnation of any real property or any facility or
for plant or facility acquisition, construction, or expansion;
and the purchase of passenger motor vehicles (not to ex-
ceed 70 for replacement only), $3,943,442,000.
DEFENSE ENVIRONMENTAL RESTORATION AND WASTE
MANAGEMENT
For Department of Energy expenses, including the
purchase, construction and acquisition of plant and capital
equipment and other expenses necessary for atomic energy
defense environmental restoration and waste management
activities in carrying out the purposes of the Department
of Energy Organization Act (42 U.S.C. 7101, et seq.), in-
cluding the acquisition or condemnation of any real prop-
erty or any facility or for plant or facility acquisition, con-
struction, or expansion; and the purchase of passenger
motor vehicles (not to exceed 6 for replacement only),
$5,263,270,000.
OTHER DEFENSE ACTIVITIES
For Department of Energy expenses, including the
purchase, construction and acquisition of plant and capital
equipment and other expenses necessary for atomic energy
defense, other defense activities, in carrying out the pur-
poses of the Department of Energy Organization Act (42
U.S.C. 7101, et seq.), including the acquisition or con-
demnation of any real property or any facility or for plant
or facility acquisition, construction, or expansion, and the
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purchase of passenger motor vehicles (not to exceed 2 for
replacement only), $1,580,504,000.
DEFENSE NUCLEAR WASTE DISPOSAL
For nuclear waste disposal activities to carry out the
purposes of Public Law 97–425, as amended, including
the acquisition of real property or facility construction or
expansion, $190,000,000.
POWER MARKETING ADMINISTRATIONS
OPERATION AND MAINTENANCE, ALASKA POWER
ADMINISTRATION
For necessary expenses of operation and maintenance
of projects in Alaska and of marketing electric power and
energy, $1,000,000, to remain available until expended.
BONNEVILLE POWER ADMINISTRATION FUND
Expenditures from the Bonneville Power Administra-
tion Fund, established pursuant to Public Law 93–454,
are approved for the anadromous fish supplementation fa-
cilities in the Yakima River Basin, Methow River Basin
and Upper Snake River Basin, for the Billy Shaw Res-
ervoir resident fish substitution project, and for the resi-
dent trout fish culture facility in Southeast Idaho; and of-
ficial reception and representation expenses in an amount
not to exceed $3,000.
During fiscal year 1998, no new direct loan obliga-
tions may be made.
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OPERATION AND MAINTENANCE, SOUTHEASTERN POWER
ADMINISTRATION
For necessary expenses of operation and maintenance
of power transmission facilities and of marketing electric
power and energy pursuant to the provisions of section
5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as
applied to the southeastern power area, $12,222,000, to
remain available until expended; in addition, notwith-
standing 31 U.S.C. 3302, not to exceed $20,000,000 in
reimbursements for transmission wheeling and ancillary
services, to remain available until expended.
OPERATION AND MAINTENANCE, SOUTHWESTERN POWER
ADMINISTRATION
For necessary expenses of operation and maintenance
of power transmission facilities and of marketing electric
power and energy, and for construction and acquisition of
transmission lines, substations and appurtenant facilities,
and for administrative expenses, including official recep-
tion and representation expenses in an amount not to ex-
ceed $1,500 in carrying out the provisions of section 5
of the Flood Control Act of 1944 (16 U.S.C. 825s), as
applied to the southwestern power area, $25,210,000, to
remain available until expended; in addition, notwith-
standing the provisions of 31 U.S.C. 3302, not to exceed
$4,650,000 in reimbursements, to remain available until
expended.
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CONSTRUCTION, REHABILITATION, OPERATION AND
MAINTENANCE, WESTERN AREA POWER ADMINISTRATION
For carrying out the functions authorized by title III,
section 302(a)(1)(E) of the Act of August 4, 1977 (42
U.S.C. 7101, et seq.), and other related activities includ-
ing conservation and renewable resources programs as au-
thorized, including the replacement of not more than two
helicopters through transfers, exchanges, or sale, and offi-
cial reception and representation expenses in an amount
not to exceed $1,500, $189,043,000, to remain available
until expended, of which $182,806,000 shall be derived
from the Department of the Interior Reclamation Fund:
Provided, That of the amount herein appropriated,
$5,432,000 is for deposit into the Utah Reclamation Miti-
gation and Conservation Account pursuant to title IV of
the Reclamation Projects Authorization and Adjustment
Act of 1992.
FALCON AND AMISTAD OPERATING AND MAINTENANCE
FUND
For operation, maintenance, and emergency costs for
the hydroelectric facilities at the Falcon and Amistad
Dams, $970,000, to remain available until expended, and
to be derived from the Falcon and Amistad Operating and
Maintenance Fund of the Western Area Power Adminis-
tration, as provided in section 423 of the Foreign Rela-
tions Authorization Act, fiscal years 1994 and 1995.
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FEDERAL ENERGY REGULATORY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Energy Regu-
latory Commission to carry out the provisions of the De-
partment of Energy Organization Act (42 U.S.C. 7101,
et seq.), including services as authorized by 5 U.S.C.
3109, the hire of passenger motor vehicles, and official
reception and representation expenses (not to exceed
$3,000), $162,141,000, to remain available until ex-
pended: Provided, That notwithstanding any other provi-
sion of law, not to exceed $162,141,000 of revenues from
fees and annual charges, and other services and collections
in fiscal year 1998 shall be retained and used for nec-
essary expenses in this account, and shall remain available
until expended: Provided further, That the sum herein ap-
propriated from the General Fund shall be reduced as rev-
enues are received during fiscal year 1998 so as to result
in a final fiscal year 1998 appropriation from the General
Fund estimated at not more than $0.
DEPARTMENT OF ENERGY
GENERAL PROVISIONS
SEC. 301. None of the funds appropriated by this Act
or any prior appropriations Act may be used to award a
management and operating contract unless such contract
is awarded using competitive procedures. The preceding
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sentence does not apply to a management and operating
contract for research and development activities performed
at a federally funded research and development center.
SEC. 302. (a) None of the funds appropriated by this
Act or any prior appropriations Act may be used to award,
amend, or modify a contract in a manner that deviates
from the Federal Acquisition Regulation, unless the Sec-
retary of Energy grants, on a case-by-case basis, a waiver
to allow for such a deviation. The Secretary may not dele-
gate the authority to grant such a waiver.
(b) At least 60 days before a contract award, amend-
ment, or modification for which the Secretary intends to
grant such a waiver, the Secretary shall submit to the
Subcommittees on Energy and Water Development of the
Committees on Appropriations of the House of Represent-
atives and the Senate a report notifying the subcommit-
tees of the waiver and setting forth the reasons for the
waiver.
SEC. 303. None of the funds appropriated by this Act
or any prior appropriations Act may be used to award,
amend, or modify any contract for support services unless
a cost comparison conducted under the procedures and re-
quirements of Office of Management and Budget Circular
A–76 shows that the cost of performing the support serv-
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ices by contractor personnel is lower than the cost of per-
forming such services by Department of Energy personnel.
SEC. 304. None of the funds appropriated by this Act
or any prior appropriations Act may be used to make pay-
ments under a management and operating contract for
providing products or services for use by Department of
Energy employees.
SEC. 305. None of the funds appropriated by this Act
or any prior appropriations Act may be used to—
(1) develop or implement a workforce restruc-
turing plan that covers employees of the Department
of Energy; or
(2) provide enhanced severance payments or
other benefits for employees of the Department of
Energy;
under section 3161 of the National Defense Authorization
Act of Fiscal Year 1993 (Public Law 102–484; 106 Stat.
2644; 42 U.S.C. 7274h).
SEC. 306. None of the funds appropriated by this Act
or any prior appropriations Act may be used to augment
the $56,000,000 made available for obligation by this Act
for severance payments and other benefits and community
assistance grants under section 3161 of the National De-
fense Authorization Act for Fiscal Year 1993 (Public Law
102–484; 106 Stat. 2644; 42 U.S.C. 7274h).
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SEC. 307. None of the funds appropriated by this Act
to initiate new construction projects in fiscal year 1998
by the Department of Energy may be obligated for such
a construction project until the Secretary of the Army,
acting through the Chief of Engineers—
(1) performs an independent assessment of the
cost, scope, and schedule of the construction project
and validates the accuracy of the Department of En-
ergy’s estimates for the cost, scope, and schedule for
the project; and
(2) submits to the Subcommittees on Energy
and Water Development of the Committees on Ap-
propriations of the House of Representatives and the
Senate a report on such assessment.
SEC. 308. None of the funds appropriated by this Act
or any prior appropriations Act may be used to prepare
or initiate requests for proposals for a program if the pro-
gram has not been funded by Congress.
SEC. 309. None of the funds appropriated by this Act
(including funds appropriated for salaries of employees of
the Department of Energy) may be used in any way, di-
rectly or indirectly, to influence congressional action on
any legislation or appropriation matters pending before
Congress.
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(TRANSFERS OF UNEXPENDED BALANCES)
SEC. 310. The unexpended balances of prior appro-
priations provided for activities in this Act may be trans-
ferred to appropriation accounts for such activities estab-
lished pursuant to this title. Balances so transferred may
be merged with funds in the applicable established ac-
counts and thereafter may be accounted for as one fund
for the same time period as originally enacted.
TITLE IV
INDEPENDENT AGENCIES
APPALACHIAN REGIONAL COMMISSION
For expenses necessary to carry out the programs au-
thorized by the Appalachian Regional Development Act of
1965, as amended, notwithstanding section 405 of said
Act, and for necessary expenses for the Federal Co-Chair-
man and the alternate on the Appalachian Regional Com-
mission and for payment of the Federal share of the ad-
ministrative expenses of the Commission, including serv-
ices as authorized by 5 U.S.C. 3109, and hire of passenger
motor vehicles, $160,000,000, to remain available until ex-
pended.
DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SALARIES AND EXPENSES
For necessary expenses of the Defense Nuclear Fa-
cilities Safety Board in carrying out activities authorized
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by the Atomic Energy Act of 1954, as amended by Public
Law 100–456, section 1441, $16,000,000, to remain
available until expended.
NUCLEAR REGULATORY COMMISSION
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Commission in carry-
ing out the purposes of the Energy Reorganization Act
of 1974, as amended, and the Atomic Energy Act of 1954,
as amended, including the employment of aliens; services
authorized by 5 U.S.C. 3109; publication and dissemina-
tion of atomic information; purchase, repair, and cleaning
of uniforms; official representation expenses (not to exceed
$20,000); reimbursements to the General Services Admin-
istration for security guard services; hire of passenger
motor vehicles and aircraft, $462,700,000, to remain
available until expended: Provided, That of the amount ap-
propriated herein, $13,000,000 shall be derived from the
Nuclear Waste Fund: Provided further, That from this ap-
propriation, transfers of sums may be made to other agen-
cies of the Government for the performance of the work
for which this appropriation is made, and in such cases
the sums so transferred may be merged with the appro-
priation to which transferred: Provided further, That mon-
eys received by the Commission for the cooperative nuclear
safety research program, services rendered to State gov-
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ernments, foreign governments and international organi-
zations, and the material and information access author-
ization programs, including criminal history checks under
section 149 of the Atomic Energy Act may be retained
and used for salaries and expenses associated with those
activities, notwithstanding 31 U.S.C. 3302, and shall re-
main available until expended: Provided further, That reve-
nues from licensing fees, inspection services, and other
services and collections estimated at $446,700,000 in fis-
cal year 1998 shall be retained and used for necessary
salaries and expenses in this account, notwithstanding 31
U.S.C. 3302, and shall remain available until expended:
Provided further, That $3,000,000 of the funds herein ap-
propriated for regulatory reviews and other assistance pro-
vided to the Department of Energy and other Federal
agencies shall be excluded from license fee revenues, not-
withstanding 42 U.S.C. 2214: Provided further, That the
sum herein appropriated shall be reduced by the amount
of revenues received during fiscal year 1998 from licensing
fees, inspection services and other services and collections,
excluding those moneys received for the cooperative nu-
clear safety research program, services rendered to State
governments, foreign governments and international orga-
nizations, and the material and information access author-
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ization programs, so as to result in a final fiscal year 1998
appropriation estimated at not more than $16,000,000.
OFFICE OF INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, including services au-
thorized by 5 U.S.C. 3109, $4,800,000, to remain avail-
able until expended; and in addition, an amount not to
exceed 5 percent of this sum may be transferred from Sal-
aries and Expenses, Nuclear Regulatory Commission: Pro-
vided, That notice of such transfers shall be given to the
Committees on Appropriations of the House of Represent-
atives and Senate: Provided further, That from this appro-
priation, transfers of sums may be made to other agencies
of the Government for the performance of the work for
which this appropriation is made, and in such cases the
sums so transferred may be merged with the appropriation
to which transferred: Provided further, That revenues from
licensing fees, inspection services, and other services and
collections shall be retained and used for necessary sala-
ries and expenses in this account, notwithstanding 31
U.S.C. 3302, and shall remain available until expended:
Provided further, That the sum herein appropriated shall
be reduced by the amount of revenues received during fis-
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cal year 1998 from licensing fees, inspection services, and
other services and collections, so as to result in a final
fiscal year 1998 appropriation estimated at not more than
$0.
NUCLEAR WASTE TECHNICAL REVIEW BOARD
SALARIES AND EXPENSES
For necessary expenses of the Nuclear Waste Tech-
nical Review Board, as authorized by Public Law 100–
203, section 5051, $2,400,000, to be derived from the Nu-
clear Waste Fund, and to remain available until expended.
TENNESSEE VALLEY AUTHORITY
For essential stewardship activities for which appro-
priations were provided to the Tennessee Valley Authority
in Public Law 104–206, such sums as are necessary in
fiscal year 1998 and thereafter, to be derived only from
one or more of the following sources: nonpower fund bal-
ances and collections; investment returns of the nonpower
program; applied programmatic savings in the power and
nonpower programs; savings from the suspension of bo-
nuses and awards; savings from reductions in member-
ships and contributions; increases in collections resulting
from nonpower activities, including user fees; or increases
in charges to private and public utilities both investor and
cooperatively owned, as well as to direct load customers:
Provided, That such funds are available to fund the stew-
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ardship activities under this paragraph, notwithstanding
sections 11, 14, 15, 29, or other provisions of the Ten-
nessee Valley Authority Act, as amended: Provided further,
That the savings from, and revenue adjustments to, the
TVA budget in fiscal year 1998 and thereafter shall be
sufficient to fund the aforementioned stewardship activi-
ties such that the net spending authority and resulting
outlays for these activities shall not exceed $0 in fiscal
year 1998 and thereafter: Provided further, That within
thirty days of enactment of this Act, the Chairman of the
TVA shall submit to the Committees on Appropriations
of the House of Representatives and Senate an itemized
listing of the amounts of the proposed reductions and in-
creased receipts to be made pursuant to this paragraph
in fiscal year 1998: Provided further, That by November
1, 1999, the Chairman of the TVA shall submit to the
Committees on Appropriations of the House and Senate
an itemized listing of the amounts of the reductions or
increased receipts made pursuant to this paragraph for
fiscal year 1998.
TITLE V
GENERAL PROVISIONS
SEC. 501. (a) PURCHASE
OF
AMERICAN-MADE
EQUIPMENT AND PRODUCTS.—It is the sense of the Con-
gress that, to the greatest extent practicable, all equip-
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ment and products purchased with funds made available
in this Act should be American-made.
(b) NOTICE REQUIREMENT.—In providing financial
assistance to, or entering into any contract with, any en-
tity using funds made available in this Act, the head of
each Federal agency, to the greatest extent practicable,
shall provide to such entity a notice describing the state-
ment made in subsection (a) by the Congress.
(c) PROHIBITION
OF CONTRACTS WITH PERSONS
FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—
If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bear-
ing a ‘‘Made in America’’ inscription, or any inscription
with the same meaning, to any product sold in or shipped
to the United States that is not made in the United
States, the person shall be ineligible to receive any con-
tract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineli-
gibility procedures described in sections 9.400 through
9.409 of title 48, Code of Federal Regulations.
This Act may be cited as the ‘‘Energy and Water
Development Appropriations Act, 1998’’.
Union Calendar No. 116
105TH CONGRESS
1ST SESSION
H. R. 2203
[Report No. 105–190]
A BILL
Making appropriations for energy and water devel-
opment for the fiscal year ending September 30,
1998, and for other purposes.
JULY 21, 1997
Reported from the Committee on Appropriations, com-
mitted to the Committee of the Whole House on the
State of the Union and ordered to be printed