Energy and Water Development Appropriations Act, 1999
PL 105-245 (H.R.4060), enacted 10/07/1998

112 STAT. 1838 
PUBLIC LAW 105-245—OCT. 7, 1998 
Public Law 105-245 
105th Congress 
Oct. 7, 1998 
[H.R. 4060] 
Energy and 
Water 
Development 
Appronations 
Act, 1999. 
An Act 
Making appropriations for energy and water development for the fiscal year ending 
September 30, 1999, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
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, 1999, for energy and water development, and for other purposes, 
namely: 
TITLE I 
DEPARTMENT OF DEFENSE—CIVIL 
DEPARTMENT OF THE ARMY 
CORPS OF ENGINEERS—CIVIL 
The following appropriations shall be expended under the direc-
tion of the Secretary of the Army and the supervision of the Chief 
of Engineers for authorized civil functions of the Department of 
the Army pertaining to rivers and harbors, flood control, beach 
erosion, ana related purposes. 
GENERAL INVESTIGATIONS 
For expenses necessary for the collection and study of basic 
information pertaining to river and hgirbor, flood control, shore 
protection, and related projects, restudy of authorized projects, mis-
cellaneous investigations, and, when authorized by laws, surveys 
and detailed studies and plans and specifications of projects prior 
to construction, $161,747,000, 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, 
$419,000; 
Tampa Harbor, Alafia Channel, Florida, $200,000; 
Barnegat Inlet to Little Egg Harbor Inlet, New Jersey, 
$322,000; 
Brigantine Inlet to Great Egg Harbor Inlet, New Jersey, 
$113,000; 
Great Egg Harbor Inlet to Townsend's Inlet, New Jersey, 
$200,000; 
Lower Cape May Meadows—Cape May Point, New Jersey, 
$100,000; 
PUBLIC LAW 105-245—OCT. 7, 1998 
112 STAT. 1839 
Manasquan Inlet to Barnegat Inlet, New Jersey, $300,000; 
Raritan Bay to Sandy Hook Bay, New Jersey, $750,000; 
and 
Townsend's Inlet to Cape May Inlet, New Jersey, $250,000: 
Provided, That the Secretary of the Ajmay, acting through the Chief 
of Engineers, is directed to use $700,000 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 is directed to use $500,000 
of the funds appropriated herein to implement section 211(f)(7) 
of Public Law 104-303 (110 Stat. 3684) and to reimburse the 
non-Federal sponsor a portion of the Federal share of project costs 
for the Hunting Bayou element of the project for flood control, 
Buffalo Bayou and tributaries, Texas: Provided further. That the 
Secretsiry of the Army is directed to use $300,000 of the funds 
appropriated herein to implement section 211(f)(8) of Public Law 
104-303 (110 Stat. 3684) and to reimburse the non-Federal sponsor 
a portion of the Federal share of project costs for the project for 
flood control. White Oak Bayou watershed, Texas. 
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 participation 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 constitute a commitment of the Government to construc-
tion), $1,429,885,000, to remain available until expended, of which 
such sums as are necessary for the Federal share of construction 
costs for facilities under the Dredged Material Disposal Facilities 
progrgon shall be derived from the Harbor Maintenance Trust Fund, 
as authorized by Public Law 104-303; and 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 rehabilitation of inland waterways projects, 
including rehabilitation costs for the Lock and Dam 25, Mississippi 
River, Illinois and Missouri; Lock and Dam 14, Mississippi River, 
Iowa; Lock and Dam 24, Part 1, Mississippi River, Illinois and 
Missouri; and Lock and Dam 3, Mississippi River, Minnesota, 
projects, and of which funds are provided for tiie following projects 
in the amounts specified: 
Norco Bluffs, California, $4,400,000; 
Panama City Beaches, Florida, $6,000,000; 
Tybee Island, Georgia, $1,200,000; 
Indiana Shoreline Erosion, Indiana, $700,000; 
Indianapolis Central Waterfront, Indiana, $4,000,000; 
Ohio River Flood Protection, Indiana, $750,000; 
Harlan/Clover 
Fork, 
Williamsburg, 
Pike 
County, 
Middlesboro, Martin County, and Town of Martin, elements 
of the Levisa and Tug Forks of the Big Sandy River and 
Upper Cumberland River project in Kentucky, $25,230,000; 
Southern and Eastern Kentucky, Kentucky, $4,000,000; 
Lake Pontchartrain and Vicinity (Hurricane Protection), 
Louisiana, $16,000,000; 
112 STAT. 1840 
PUBLIC LAW 105-245—OCT. 7, 1998 
Lake Pontchartrain (Jefferson Parish) Stormwater Dis-
charge, Louisiana, $4,500,000; 
Southeast Louisiana, Louisiana, $75,000,000; 
Jackson County, Mississippi, $6,200,000; 
Pascagoula Harbor, Mississippi, $12,000,000; 
Passaic 
River Streambank 
Restoration, New 
Jersey, 
$3,000,000; 
Lackawanna River, Olyphant, Pennsylvgmia, $6,800,000; 
Lackawanna River, Scranton, Pennsylvania, $40,551,000; 
South Central Pennsylvania Environment Improvement 
Program, $39,000,000, of which $13,000,000 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; 
Walhsville Lake, Texas, $5,500,000; 
Virginia 
Beach, 
Virginia 
(Hurricane 
Protection), 
$18,000,000; 
Upper Mingo County (including Mingo County Tributaries), 
Lower Mingo County (Kermit), Wayne County, Hatfield Bottom, 
and McDowell County, elements of the Levisa and Tug Forks 
of the Big Sandy River and Upper Cumberland River project 
in West Virginia, $ 11,350,000; and 
West Virginia and Pennsylvania Flood Control, West 
Virginia and Pennsylvania, $750,000: 
Provided, 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 pro-
vides the applicable local cooperation requirements: Provided fur-
ther, That any funds heretofore appropriated and made available 
in Public Law 103-126 for projects associated with the restoration 
of the Lackawanna River Basin Greenway Corridor, Pennsylvania, 
may be utilized by the Secretary of the Army in carrying out 
other projects and activities on the Lackawanna River in Pennsyl-
vania: Provided further. That the Secretary of the Army is directed 
to use $4,500,000 of the funds appropriated herein to implement 
section 211(f)(6) of Pubhc Law 104-303 (110 Stat. 3683) and to 
reimburse the non-Federal sponsor a portion of the Federal share 
of project construction costs for the flood control components 
comprising the Brays Bayou element of the project for flood control, 
Buffalo Bayou and tributaries, Texas: Provided further. That the 
navigation project for Cook Inlet Navigation, Alaska, authorized 
by Section 101(b)(2) of PubHc Law 104-303 is modified to authorize 
the Secretary of the Army, acting through the Chief of Engineers, 
to construct the project at a total cost of $12,600,000 with an 
estimated first Federal cost of $9,450,000 and an estimated first 
non-Federal cost of $3,150,000: Provided further. That the flood 
control project for West Sacramento, California, authorized by Sec-
tion 101(4) of Public Law 102-580 is modified to authorize the 
Secretary of the Army, acting through the Chief of Engineers, 
PUBLIC LAW 105-245—OCT. 7, 1998 
112 STAT. 1841 
to construct the project at a total cost of $32,900,000 with an 
estimated first Federal cost of $24,700,000 and an estimated first 
non-Federal cost of $8,200,000: Provided further, That the flood 
control project for Sacramento River, Glenn-Colusa Irrigation Dis-
trict, California, authorized by Section 2 of the Act entitled "An 
Act to provide for the control of floods of the Mississippi River 
and the Sacramento River, and for other purposes", approved March 
1, 1917 (39 Stat. 949), is modified to authorize the Secretary of 
the Army, acting through the Chief of Engineers, to construct 
the project at a total cost of $20,700,000 with an estimated first 
Federal cost of $15,570,000 and an estimated first non-Federal 
cost of $5,130,000: Provided further, That the Secretary of the 
Army, acting through the Chief of Engineers, is directed to use 
$4,000,000 provided herein to construct bluff stabilization measures 
at authorized locations for Natchez Bluff, Mississippi, at a total 
estimated cost of $26,065,000 with an estimated first Federal cost 
of $19,549,000 and an estimated first non-Federal cost of $6,516,000 
and to award continuing contracts, which £ire not to be considered 
fully funded: Provided further, That the Secretary of the Army, 
acting through the Chief of Engineers, may use up to $5,000,000 
of the funding appropriated herein for construction of an emergency 
outlet from Devils Lake, North Dakota, to the Sheyenne River, 
except that funds shall not become available unless the Secretary 
of the Army determines that an emergency (as defined in section 
102 of the Robert T. Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5122)) exists with respect to the emergency 
need for the outlet and reports to Congress that the construction 
is technically sound, economically justified, and environmentally 
acceptable and in compliance with the National Environmental 
PoHcy Act of 1969 (42 U.S.C. 4321 et seq.): Provided further. That 
the economic justification for the emergency outlet shall be prepared 
in accordance with the principles and guidelines for economic 
evaluation as required by regulations £ind procedures of the Army 
Corps of Engineers for all flood control projects, and that the eco-
nomic justification be fully described, including the analysis of 
the benefits and costs, in the project plan documents: Provided 
further. That the plans for the emergency outlet shall be reviewed 
and, to be effective, shall contain assurances provided by the Sec-
retary of State, after consultation with the International Joint 
Commission, that the project will not violate the requirements 
or intent of the Treaty Between the United States and Great 
Britain Relating to Boundary Waters Betv^een the United States 
and Canada, signed at Washington January 11, 1909 (36 Stat. 
2448; TS 548) (commonly known as the "Boundary Waters Treaty 
of 1909"): Provided further, That the Secretary of the Army shall 
submit the final plans and other documents for the emergency 
outlet to Congress: Provided further. That no funds made available 
under this Act or any other Act for £iny fiscal year may be used 
by the Secretary of the Army to cairy out the portion of the 
feasibility study of the Devils Lake Basin, North Dakota, authorized 
under the Energy and Water Development Appropriations Act, 1993 
(Public Law 102-377), that addresses the needs of the area for 
stabilized lake levels through inlet controls, or to otherwise study 
any facility or carry out any activity that would permit the transfer 
of water from the Missouri River Basin into Devils Lake: Provided 
further. That, the Secret£u-y of the Army, acting through the Chief 
112 STAT. 1842 
PUBLIC LAW 105-245—OCT. 7, 1998 
of Engineers, is directed to transfer remaining General Investiga-
tions funds previously appropriated for the Juniata River, Pennsyl-
vania, study and Mussers Dam, Pennsylvemia, project to Construc-
tion, General for use in equal amounts at Broad Top/Coaldale, 
Bedford County, Pennsylvania, and Mont Alto Borough, Franklin 
County, Pennsylvania, which are part of the South Central Pennsyl-
vania Environment Improvement Program. 
FLOOD CONTROL, MISSISSIPPI RIVER A
^
f
D TRIBUTARIES, ARKANSAS, 
ILLINOIS, 
KENTUCKY, 
LOUISIANA, 
MISSISSIPPI, 
MISSOURI, 
AND 
TENNESSEE 
For expenses necessary for prosecuting work of flood control, 
and rescue work, repair, restoration, or maintenance of flood control 
projects threatened or destroyed by flood, as authorized by law 
(33 U.S.C. 702a, 702g-l), $321,149,000, to remain available until 
expended. 
OPERATION AND MAINTENANCE, GENERAL 
For expenses necessary for the preservation, operation, mainte-
nance, 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 pubUc agency, outside of harbor lines, and serving essential 
needs of general commerce and navigation; surveys and charting 
of northern and northwestern lakes and connecting waters; clearing 
and straightening channels; and removal of obstructions to naviga-
tion, $1,653,252,000, to remain available until expended, of which 
such sums as become available from the special account established 
by the Land £md Water Conservation Act of 1965, as amended 
(16 U.S.C. 4601), may be derived from that account for construction, 
operation, and maintenance of outdoor recreation facilities, and 
of which $4,200,000 is provided for repair of Chickamauga Lock, 
Tennessee: Provided, That no funds, whether appropriated, contrib-
uted, or otherwise provided, shall be available to the United States 
Army Corps of Engineers for the purpose of acquiring land in 
Jasper County, South Carolina, in connection with the Savannah 
Harbor navigation project: Provided further, That the Secretary 
of the Army, acting through the Chief of Engineers, is directed 
to undertake authorized maintenance and repairs on the Allegheny 
River, Pennsylvania, project, using $6,000,000 of funds provided 
under this heading in Public Law 105-62 for extending the naviga-
tion channel on the Allegheny River, Pennsylvania, project to pro-
vide passenger boat access to the Kittanning, Pennsylvania, River-
front Park. 
REGULATORY PROGRAM 
For expenses necessary for administration of laws pertEiining 
to regulation of navigable waters and wetlands, $106,000,000, to 
remain available until expended. 
PUBLIC LAW 105-245—OCT. 7, 1998 
112 STAT. 1843 
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM 
(INCLUDING TRANSFER OF FUNDS) 
For expenses necessary to clean up contaminated sites through-
out the United States where work was performed as part of the 
Nation's egirly atomic energy program, $140,000,000, to remain 
available until expended: Provided, That the response actions by 
the United States Army Corps of Engineers under this program 
shall consist of the following functions and activities to be performed 
at eligible sites where remediation has not been completed: sam-
pling and assessment of contaminated areas, characterization of 
site conditions, determination of the nature and extent of contami-
nation, selection of the necessary and appropriate response actions 
as the lead Federal agency, preparation of designation reports, 
cleanup and closeout of sites, and any other functions determined 
by the Chief of Engineers as necessary for remediation: Provided 
further, That response actions by the United States Army Corps 
of Engineers under this program shall be subject to the administra-
tive, procedural, and regulatory provisions of the Comprehensive 
Environmental Response, Compensation and Liability Act (42 
U.S.C. 9601 et seq.), and the National Oil and Hazardous Sub-
stances Pollution Contingency Plan, 40 CFR, Chapter 1, Part 300: 
Provided further. That, except as stated herein, these provisions 
do not alter, curtail or limit the authorities, functions or responsibil-
ities of other agencies under the Atomic Energy Act (42 U.S.C. 
2011 et seq.): Provided further, That any sums recovered under 
CERCLA for response actions, or recovered from a contractor, 
insurer, surety, or other person to reimburse the United States 
Anny Corps of Engineers for any expenditures for response actions, 
shall be credited to the account used to fund response actions 
on eligible sites, and will be available for response action costs 
for any eligible site: Provided further. That the Secretary of Energy 
may exercise the authority of 42 U.S.C. 2208 to make payments 
in lieu of taxes for federally-owned property where Formerly Uti-
lized Sites Remedial Action Program activities are conducted, 
regardless of which Federal agency has acquired the property and 
notwithstanding references to "the activities of the Commission" 
in 42 U.S.C. 2208: Provided further, That the unexpended balances 
of prior appropriations provided for these activities in this Act 
or any previous Energy and Water Development Appropriations 
Act may be transferred to and merged with this appropriation 
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 Engineers and offices of 
the Division Engineers; activities of the Coastal Engineering 
Research Board, the Humphreys Engineer Center Support Activity, 
the Water Resources Support Center, and headquarters support 
functions at the USACE Finance Center; $148,000,000, to remain 
available until expended: Provided, That no part of any other appro-
priation 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. 
112 STAT. 1844 
PUBLIC LAW 105-245—OCT. 7, 1998 
REVOLVING FUND 
Using amounts available in the Revolving Fund, the Secretary 
of the Army is authorized to renovate office space in the General 
Accounting Office (GAO) headquarters building in Washington, 
D.C., for use by the Corps and GAO. The Secretary is authorized 
to enter into a lease with GAO to occupy such renovated space 
as appropriate, for the Corps' headquarters. The Secretary shall 
ensure that the Revolving Fund is appropriately reimbursed from 
appropriations of the Corps' benefitting programs by collection each 
year of amounts sufficient to repay tne capitalized cost of such 
renovation and through rent reductions or rebates from GAO. 
ADMINISTRATIVE PROVISION 
Appropriations in this title shall be available for official recep-
tion and representation expenses (not to exceed $5,000); and during 
the current fiscal yeeu: the Revolving Fund, Corps of Engineers, 
shall be available wr purchase (not to exceed 100 for replacement 
only) and hire of passenger motor vehicles. 
GENERAL PROVISIONS 
CORPS OP ENGINEERS—CIVIL 
SEC. 101. Notwithstanding any other provisions of law, no 
fully allocated funding policy shall be applied to projects for which 
funds are identified in the Committee reports accompanying this 
Act under the Construction, General; Operation and Maintenance, 
General; and Flood Control, Mississippi River and Tributaries, 
appropriation accounts: Provided, That the SecretEiry of the Army, 
acting through the Chief of Engineers, is directed to undertake 
these projects using continuing contracts, as authorized in section 
10 of the Rivers and Harbors Act of September 22, 1922 (33 U.S.C. 
621). 
SEC. 102. None of the funds made available in this Act may 
be used to revise the Missouri River Master Water Control Manual 
when it is made known to the Federal entity or official to which 
the funds are made available that such revision provides for an 
increase in the springtime water release program during the spring 
heavy rainfall and snow melt period in States that have rivers 
drsiining into the Missouri River below the Gavins Point Dam. 
TITLE II 
DEPARTMENT OF THE INTERIOR 
CENTRAL UTAH PROJECT 
CENTRAL UTAH PROJECT COMPLETION ACCOUNT 
For carrjdng 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, $41,217,000, to 
remain available until expended, of which $15,476,000 shall be 
deposited into the Utah Reclamation Mitigation and Conservation 
Account: Provided, That of the amounts deposited into that account, 
$5,000,000 shall be considered the Federal contribution authorized 
PUBLIC LAW 105-245—OCT. 7, 1998 
112 STAT. 1845 
by paragraph 402(b)(2) of the Central Utah Project Completion 
Act and $10,476,000 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 carrying out 
related responsibilities of the Secretary of the Interior, $1,283,000, 
to remain avEiilable until expended. 
BUREAU OF RECLAMATION 
For carr5dng out the functions of the Bureau of Reclamation 
as provided in the Federal reclamation laws (Act of June 17, 1902, 
32 Stat. 388, and Acts amendatory thereof or supplementary there-
to) and other Acts applicable 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 activities, including the 
operation, maintenance and rehabilitation of reclamation and other 
facilities, participation in fulfilling related Federal responsibilities 
to Native Americans, and related grants to, and cooperative and 
other agreements with. State and local governments, Indian Tribes, 
and others, $642,845,000, to remain available until expended, of 
which $2,800,000 shall be for construction of the Tooele Wastewater 
Treatment and Reuse, Utah, project, and of which $1,873,000 shall 
be available for transfer to the Upper Colorado River Basin Fund 
and $45,990,000 shall be available for transfer to the Lower Colo-
rado 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 transfers may be increased or decreased 
within the overall appropriation under this heading: Provided fur-
ther. That of the total appropriated, the amount for program activi-
ties that can be financed by the Reclamation Fund or the Bureau 
of Reclamation special fee account established by 16 U.S.C. 4601-
6a(i) shall be derived from that Fund or account: 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 advanced under 43 U.S.C. 397a shall be credited to 
this account and are available until expended for the same purposes 
as the sums appropriated under this heading: Provided 
further. 
That of the total appropriated, $25,800,000 shall be derived by 
transfer of unexpended balances ifrom the Bureau of Reclamation 
Working Capital Fund: Provided further. That funds available for 
expenditure for the Departmental Irrigation Drainage Program may 
be expended by the Bureau of Reclamation for site remediation 
on a non-reimbursable basis: Provided further. That the amount 
authorized for Indian municipal, rural, and industrial water fea-
tures by section 10 of Public Law 89-108, as amended by section 
8 of Public Law 99-294 and section 1701(b) of Pubhc Law 102-
575, is increased by $2,000,000 (October 1997 prices): Provided 
further. That the Secretary of the Interior is directed to use, not 
to exceed, $3,600,000 of funds appropriated herein as the Bureau 
of Reclamation share for completion of the McCall Area Wastewater 
Reclamation and Reuse, Idaho, project authorized in Public Law 
105-62 and described in PN-FONSI-96-05. 
112 STAT. 1846 
PUBLIC LAW 105-245—OCT. 7, 1998 
BUREAU 
OF 
RECLAMATION 
LOAN 
PROGRAM ACCOUNT 
For the cost of direct loans and/or grants, $7,996,000, to remain 
available until expended, as authorized by the Small Reclamation 
Projects Act of August 6, 1956, as amended (43 U.S.C. 422a-
4221): Provided, That such costs, including the cost of modifying 
such loans, shall be as defined in section 502 of the Congressional 
Budget Act of 1974, as amended: Provided further, That these 
funds are available to subsidize gross obligations for the principal 
amount of direct loans not to exceed $38,000,000. 
In addition, for administrative expenses necessary to carry 
out the program for direct loans and/or grants, $425,000, to remain 
available until expended: Provided, That of the total sums appro-
priated, the amount of program activities that can be financed 
by the Reclamation Fund shall be derived from that Fund. 
CENTRAL VALLEY PROJECT RESTORATION FUND 
For carrying out the programs, projects, plans, and habitat 
restoration, improvement, and acquisition provisions of the Central 
Valley Project Improvement Act, $33,130,000, to be derived from 
such sums as may be collected in the Central Valley Project Restora-
tion Fund pursuant to sections 3407(d), 3404(c)(3), 3405(f), and 
3406(c)(1) of Pubhc Law 102-575, to remain available until 
expended: Provided, That the Bureau of Reclamation is directed 
to assess smd collect the full amount of the additional mitigation 
and restoration payments authorized by section 3407(d) of Public 
Law 102-575. 
CALIFORNIA BAY-DELTA ECOSYSTEM RESTORATION 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of the Department of the Interior and 
other participating Federal agencies in carrying out the California 
Bay-Delta Environmental Enhancement and Water Security Act, 
consistent with plans to be approved by the Secretary of the Interior, 
in consultation with such Federal agencies, $75,000,000, to remain 
available until expended, of which such amounts as may be nec-
essary to conform with such plans shall be transferred to appro-
priate accounts of such Federal agencies: Provided, That such funds 
may be obligated only as non-Federal sources provide their share 
in accordance with the cost-sharing agreement required under sec-
tion 102(d) of such Act: Provided further. That such funds may 
be obligated prior to the completion of a final programmatic environ-
mental impact statement only if: (1) consistent with 40 CFR 
1506.1(c); and (2) used for purposes that the Secretary finds Eire 
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, $47,000,000, to be derived from 
the Reclamation Fund and be nonreimbursable as provided in 43 
U.S.C. 377: Provided, That no part of any other appropriation 
in this Act shall be available for activities or functions budgeted 
as policy and administration expenses. 
PUBLIC LAW 105-245—OCT. 7, 1998 
112 STAT. 1847 
ADMINISTRATIVE PROVISION 
Appropriations for the Bureau of Reclamation shall be available 
for purchase of not to exceed 6 passenger motor vehicles for replace-
ment 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, aind 
uranium supply and enrichment activities in carrying out the pur-
poses of the Department of Energy Organization Act (42 U.S.C. 
7101 et seq.), including the acquisition or condemnation of any 
real property or any facility or for plant or facility acquisition, 
construction, or expansion; and the purchase of not to exceed 22 
passenger motor vehicles for replacement only, $727,091,000, of 
which not to exceed $3,000 may be used for official reception and 
representation expenses for transparency activities. 
NON-DEFENSE ENVIRONMENTAL MANAGEMENT 
For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and 
other expenses necessary for non-defense environmental manage-
ment activities in carrjdng out the purposes of the Department 
of Energy Organization Act (42 U.S.C. 7101 et seq.), including 
the acquisition or condemnation of any real property or any facility 
or for plant or facility acquisition, construction or expansion, 
$431,200,000, to remain available until expended. 
URANIUM ENRICHMENT DECONTAMINATION AND DECOMMISSIONING 
FUND 
For necessary expenses in carrying out uranium enrichment 
facility decontamination and decommissioning, remedial actions and 
other activities of title II of the Atomic Energy Act of 1954 and 
title X, subtitle A of the Energy PoUcy Act of 1992, $220,200,000, 
to be derived from the Fund, to remain available until expended: 
Provided, That $30,000,000 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 condemna-
tion of any real property or facility or for plant or facility acquisition. 
112 STAT. 1848 
PUBLIC LAW 105-245—OCT. 7, 1998 
Certification. 
construction, or expansion, and purchase of not to exceed 5 pas-
senger motor vehicles for replacement only, $2,682,860,000, to 
remain available until expended: Provided, That $7,600,000 of the 
unobligated balances originally available for Superconducting Super 
Collider termination activities shall be made available for other 
activities under this heading. 
NUCLEAR WASTE DISPOSAL 
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, $169,000,000, 
to remain available until expended, of which $165,000,000 is to 
be derived from the Nuclear Waste Fund; and of which not to 
exceed $250,000 may be provided to the Department of Energy 
to reimburse the State of Nevada solely for expenditures, other 
than salaries and expenses of State employees, to conduct scientific 
oversight responsibilities pursuant to the Nuclear Waste Policy 
Act of 1982, and not to exceed $5,540,000 may be provided to 
affected local governments, as defined in Public Law 97-425, to 
conduct appropriate activities pursuant to the Act: Provided, That 
the distribution of the funds to the units of local government shall 
be determined by the Department of Energy: Provided 
further. 
That the funds shall be made available to the units of local govern-
ment by direct payment: Provided further, That within 90 days 
of the completion of each Federal fiscal year, each local entity 
shall provide certification to the Department of Energy, that all 
funds expended from such payments have been expended for activi-
ties as defined in Public Law 97-425. Failure to provide such 
certification shall cause such entity to be prohibited from any fur-
ther funding provided for similar activities: Provided further. That 
none of the ftinds herein appropriated may be: (1) used directly 
or indirectly to influence legislative action on any matter pending 
before Congress or a State legislature or for lobbying activity as 
provided in 18 U.S.C. 1913; (2) used for litigation expenses; or 
(3) used to support multi-state efforts or other coalition building 
activities inconsistent with the restrictions contained in this Act. 
DEPARTMENTAL ADMINISTRATION 
For salaries and expenses of the Department of Energy nec-
essary for depEirtmental administration in carr3dng out the purposes 
of the Department of Energy Organization Act (42 U.S.C. 7101 
et seq.), including the hire of passenger motor vehicles and official 
reception and representation expenses (not to exceed $35,000), 
$200,475,000, to remain available until expended, plus such addi-
tional amounts as necessary to cover increases in the estimated 
amount of cost of work for others notwithstanding the provisions 
of the Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That 
such increases in cost of work are offset by revenue increases 
of the same or greater amount, to remain available until expended: 
Provided further. That moneys received by the Department for 
miscellaneous revenues estimated to total $136,530,000 in fiscal 
year 1999 may be retained and used for operating expenses within 
this account, and may remain available until expended, as author-
ized by section 201 of Public Law 95-238, notwithstanding the 
provisions of 31 U.S.C. 3302: Provided further. That the sum herein 
PUBLIC LAW 105-245—OCT. 7, 1998 
112 STAT. 1849 
appropriated shall be reduced by the amount of miscellaneous reve-
nues received during fiscal year 1999 so as to result in a final 
fiscal year 1999 appropriation firom the General Fund estimated 
at not more than $63,945,000. 
OFFICE OF THE INSPECTOR GE^fERAL 
For necess£iry expenses of the Office of the Inspector General 
in carrjdng out the provisions of the Inspector General Act of 
1978, as amended, $29,000,000, to remain available until expended. 
ATOMIC ENERGY DEFENSE ACTIVITIES 
WEAPONS ACTIVITIES 
For Department of Energy expenses, including the purchase, 
construction and acquisition of plant £ind capital equipment and 
other incidental expenses necessary for atomic energy defense weap-
ons activities in carrying out the purposes of the Department of 
Energy Organization Act (42 U.S.C. 7101 et seq.), including the 
acquisition or condemnation of £iny real property or any facility 
or for plant or facility acquisition, construction, or expansion; the 
purchase of not to exceed 1 fixed wing aircraft; and the purchase 
of passenger motor vehicles (not to exceed 32 for replacement only, 
and 1 bus), $4,400,000,000, to remain available until expended: 
Provided, That funding for any ballistic missile defense program 
undertaken by the Department of Energy for the Department of 
Defense shall be provided by the Department of Defense according 
to procedures established for Work for Others by the Department 
of Energy. 
DEFENSE ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT 
For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and 
other expenses necessary for atomic energy defense environmental 
restoration and waste management activities in carrying out the 
purposes of the Department of Energy Organization Act (42 U.S.C. 
7101 et seq.), including the acquisition or condemnation of any 
real property or any facility or for plant or facility acquisition, 
construction, or expansion; and the purchase of passenger motor 
vehicles (not to exceed 3 new sedans and 6 for replacement only, 
of which 3 are sedans, 2 are buses, and 1 is an ambulance), 
$4,310,227,000, to remain available until expended. 
DEFENSE FACILITIES CLOSURE PROJECTS 
For expenses of the Department of Energy to accelerate the 
closure of defense environmental management sites, including the 
purchase, construction and acquisition of plant and capital equip-
ment and other necessary expenses, $1,038,240,000, to remain avail-
able until expended. 
DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION 
For Department of Energy expenses for privatization projects 
necessary for atomic energy defense environmental management 
activities authorized by the Department of Energy Organization 
112 STAT. 1850 
PUBLIC LAW 105-245—OCT. 7, 1998 
Act (42 U.S.C. 7101 et seq.), $228,357,000, to remain available 
until expended. 
OTHER DEFENSE ACTIVITIES 
For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and 
other expenses necessary for atomic energy defense, other defense 
activities, in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition 
or condemnation of any real property or any facility or for plant 
or facility acquisition, construction, or expansion, $1,696,676,000, 
to remain available until expended. 
DEFENSE NUCLEAR WASTE DISPOSAL 
For nuclear waste disposal activities to carry out the purposes 
of Public Law 97-425, as amended, including the acquisition of 
real property or facility construction or expansion, $189,000,000, 
to remain available until expended. 
POWER MARKETING ADMINISTRATIONS 
BONNEVILLE POWER ADMINISTRATION FUND 
Expenditures from the Bonneville Power Administration Fund, 
established pursuant to Public Law 93-454, are approved for official 
reception and representation expenses in an amount not to exceed 
$1,500. 
During fiscal year 1999, no new direct loan obligations may 
be made. 
OPERATION AND MAINTENANCE, SOUTHEASTERN POWER 
ADMINISTRATION 
For necessary expenses of operation and maintenance of power 
transmission facilities and of marketing electric power and energy 
pursuant to the provisions of section 5 of the Flood Control Act 
of 1944 (16 U.S.C. 825s), as applied to the southeastern power 
area, $7,500,000, to remain available until expended; in addition, 
notwithstanding 31 U.S.C. 3302, not to exceed $28,000,000 in 
reimbursements, of which $20,000,000 is for transmission wheeling 
and ancillary services and $8,000,000 is for power purchases at 
the Richard B. Russell Project, to remain available until expended. 
OPERATION AND MAINTENANCE, SOUTHWESTERN POWER 
ADMINISTRATION 
For necessary expenses of operation and maintenance of power 
transmission facilities and of marketing electric power and energy, 
and for construction and acquisition of transmission lines, sub-
stations and appurtenant facilities, and for administrative expenses, 
including official reception and representation expenses in an 
amount not to exceed $1,500 in carrying out the provisions of 
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as 
applied to the southwestern power area, $26,000,000, to remain 
PUBLIC LAW 105-245—OCT. 7, 1998 
112 STAT. 1851 
available until expended; in addition, notwithstanding the provi-
sions of 31 U.S.C. 3302, not to exceed $4,200,000 in reimbursements, 
to remain available until expended. 
CONSTRUCTION, REHABILITATION, OPERATION AND MAINTENANCE, 
WESTERN AREA POWER ADMINISTRATION 
For carr5dng out the functions authorized by title III, section 
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and 
other related activities including conservation and renewable 
resources programs as authorized, including official reception and 
representation expenses in an amount not to exceed $1,500, 
$203,000,000, to remain available until expended, of which 
$193,787,000 shall be derived from the Department of the Interior 
Reclamation Fund: Provided, That of the amount herein appro-
priated, $5,036,000 is for deposit into the Utah Reclamation Mitiga-
tion and Conservation Account pursuant to title IV of the Reclama-
tion Projects Authorization and Adjustment Act of 1992. 
FALCON AND AMISTAD OPERATING AND MAINTENANCE FUND 
For operation, maintenance, and emergency costs for the hydro-
electric facilities at the Falcon and Amistad Dams, $1,010,000, 
to remain available until expended, and to be derived from the 
Falcon and Amistad Operating and Maintenance Fund of the West-
ern Area Power Administration, as provided in section 423 of the 
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995. 
FEDERAL ENERGY REGULATORY COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Federal Energy Regulatory 
Commission to carry out the provisions of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including services as 
authorized by 5 U.S.C. 3109, the hire of passenger motor vehicles, 
and official reception and representation expenses (not to exceed 
$3,000), $167,500,000, to remain avadlable until expended: Provided, 
That notwithstanding any other provision of law, not to exceed 
42 USC 7171 
$167,500,000 of revenues from fees and annual charges, and other °ote. 
services and collections in fiscal year 1999 shall be retained and 
used for necessary expenses in this account, and shall remain 
available until expended: Provided further, That the sum herein 
appropriated from the General Fund shall be reduced as revenues 
are received during fiscal year 1999 so as to result in a final 
fiscal year 1999 appropriation fi*om the General Fund estimated 
at not more than $(). 
GENERAL PROVISIONS 
DEPARTMENT OF ENERGY 
SEC. 301. (a) None of the funds appropriated by this Act or 
any prior appropriations Act may be used to award a management 
and operating contract unless such contract is awarded using 
competitive procedures or the Secretary of Energy grants, on a 
case-by-case basis, a waiver to allow for such a deviation. The 
Secretary may not delegate the authority to grant such a waiver. 
112 STAT. 1852 
PUBLIC LAW 105-245—OCT. 7, 1998 
Reports. 
(b) At least 60 days before a contract award, amendment, 
or modification for which the Secretary intends to grant such a 
waiver, the Secretary shall submit to the Subcommittees on Energy 
and Water Development of the Committees on Appropriations of 
the House of Representatives and the Senate a report notifying 
the subcommittees of the waiver and setting forth the reasons 
for the waiver. 
SEC. 302. (a) None of the funds appropriated by this Act or 
any prior appropriations Act may be used to award, amend, or 
modify a contract in a manner that deviates from the Federal 
Acquisition Regulation, unless the Secretary of Energy grants, on 
a case-by-case basis, a waiver to allow for such a deviation. The 
Secretary may not delegate the authority to grant such a waiver. 
Reports. 
(b) At least 60 days before a contract award, sunendment, 
or modification for which the Secretary intends to grant such a 
waiver, the Secretary shall submit to the Subcommittees on Energy 
and Water Development of the Committees on Appropriations of 
the House of Representatives and the Senate a report notifying 
the subcommittees of the waiver and setting forth the reasons 
for the waiver. 
SEC. 303. None of the funds appropriated by this Act or any 
prior appropriations Act may be used to— 
(1) develop or implement a workforce restructuring plan 
that covers employees of the Department of Energy; or 
(2) provide enhanced severance payments or other benefits 
for employees of the Department of Energy; under section 3161 
of the National Defense Authorization Act for Fiscal Year 1993 
(Public Law 102-484; 106 Stat. 2644; 42 U.S.C. 7274h). 
SEC. 304. None of the funds appropriated by this Act or any 
prior appropriations Act may be used to augment the $29,900,000 
made available for obligation by this Act for severance payments 
and other benefits and community assistance grants under section 
3161 of the National Defense Authorization Act for Fiscal Year 
1993 (Public Law 102-484; 106 Stat. 2644; 42 U.S.C. 7274h). 
SEC. 305. None of the funds appropriated by this Act or any 
prior appropriations Act may be used to prepare or initiate Requests 
For Proposals (RFPs) for a program if the program has not been 
funded by Congress. 
(TRANSFERS OF UNEXPENDED BALANCES) 
SEC. 306. The unexpended balsuices of prior appropriations 
provided for activities in this Act may be transferred to appropria-
tion accounts for such activities established pursuant to this title. 
Balances so transferred may be merged with funds in the applicable 
established accounts and thereafter may be accounted for as one 
fund for the same time period as originally enacted. 
SEC. 307. Notwithstanding 41 U.S.C. 254c(a), the Secretary 
of Energy may use funds appropriated by this Act to enter into 
multi-year contracts for the acquisition of property or services with-
out obligating the estimated costs associated with any necessary 
cancellation or termination of the contract. The Secretary of Energy 
may pay costs of termination or cauicellation from— 
(1) appropriations originally available for the performance 
of the contract concerned; 
(2) appropriations currently available for procurement of 
the type of property or services concerned, and not otherwise 
obligated; or 
PUBLIC LAW 105-245—OCT. 7, 1998 
112 STAT. 1853 
(3) funds appropriated for those payments. 
SEC. 308. None of the funds in this Act may be used to dispose 
of transuranic waste in the Waste Isolation Pilot Plant which con-
tains concentrations of plutonium in excess of 20 percent by weight 
for the aggregate of any material category on the date of enactment 
of this Act, or is generated after such date. 
SEC. 
309. 
CHANGE OF NAME OF THE OFFICE OF ENERGY 
RESEARCH, (a) IN GENERAL.—Section 209 of the Department of 
Energy Organization Act (42 U.S.C. 7139) is amended— 
(1) in the section heading, by striking "ENERGY RESEARCH" 
and inserting "SCIENCE"; and 
(2) in subsection (a), by striking "Energy Research" and 
inserting "Science". 
(b) CONFORMING AMENDMENTS.— 
(1) TABLE OF CONTENTS.—The table of contents in the first 
section of the Department of Energy Organization Act (42 
U.S.C. prec. 7101) is amended by striking the item relating 
to section 209 and inserting the following: 
"Section 209. Office of Science.". 
(2) REFERENCES IN OTHER LAW.—Each of the following is 
amended by striking "Energy Research" and inserting "Science": 
(A) The item relating to the Director, Office of Energy 
Research, Department of Energy in section 5315 of title 
5, United States Code. 
(B) Section 2902(b)(6) of title 10, United States Code. 
(C) Section 406(h)(2)(A)(v) of the Public Health Service 
Act (42 U.S.C. 284a(h)(2)(A)(v)). 
(D) Sections 3167(3) and 3168 of the Department of 
Energy Science Education Enhancement Act (42 U.S.C. 
7381d(3), 7381e). 
(E) Paragraphs (1) and (2) of section 224(b) of the 
Nuclear Waste PoHcy Act of 1982 (42 U.S.C. 10204(b)). 
(F) Section 2203(b)(3)(A)(i) of the Energy Policy Act 
of 1992 (42 U.S.C. 13503(b)(3)(A)(i)). 
SEC. 
310. 
MAINTENANCE OF SECURITY AT DOE 
URANIUM 
ENRICHMENT PLANTS.—Section 3107(h) of the USEC Privatization 
Act (42 U.S.C. 2297h-5(h)) is amended in paragraph (1), bv striking 
"an adequate number of security guards" and inserting "all security 
pohce officers"; and by inserting the following paragraph: 
"(2) FUNDING.— 
"(A) The costs of arming and providing arrest authority 
to the security poHce officers required under paragraph 
(1) shall be paid as follows: 
"(i) the Department of E n e i ^ (the "Department") 
shall pay the percentage of the costs equal to the 
percentage of the total number of employees at the 
gaseous diffusion plant who are: (I) employees of the 
Department or the contractor or subcontractors of the 
Department; or (II) employees of the private entitv 
leasing the gaseous diffusion plant who perform work 
on behalf of the Department (including employees of 
a contractor or subcontractor of the private entity); 
and 
"(ii) the private entity leasing the gaseous diffusion 
plant shall pay the percentage of the costs equal to 
the percentage of the total number of employees at 
112 STAT. 1854 
PUBLIC LAW 105-245—OCT. 7, 1998 
the gaseous diffusion plant who are employees of the 
private entity (including employees of a contractor or 
subcontractor) other than those employees who perform 
work for the Department. 
"(B) Neither the private entity leasing the gaseous 
diffusion plant nor the Department shall reduce its pay-
ments under any contract or lease or take other action 
to offset its share of the costs referred to in subparagraph 
(A), and the Department shall not reimburse the private 
entity for the entity's share of these costs. 
"(C) Nothing in this subsection shall alter the Depart-
ment's responsibilities to pay the safety, safeguards and 
security costs associated with the Department's highly 
enriched uranium activities.". 
SEC. 311. None of the funds in this Act may be used by 
the Department of Energy to conduct pilot projects simulating exter-
nal regulation unless the Nuclear Regulatory Commission, the 
Occupational Safety and Health Administration, and the appro-
priate State and local regulatory entities are included in the pilot 
projects. 
SEC. 312. Of the amounts provided in this title under the 
heading, "Atomic Energy Defense Activities, Weapons Activities", 
$57,000,000 shall not be available for obligation until September 
30, 1999. 
TITLE IV 
INDEPENDENT AGENCIES 
APPALACHIAN REGIONAL COMMISSION 
40 use app. 401 
For expenses necessary to carry out the programs authorized 
i^ote. 
by the Appalachian Regional Development Act of 1965, as amended, 
notwithstanding section 405 of said Act, for necessary expenses 
for the Federal Co-Chairman and the alternate on the Appalachian 
Regional Commission, for payment of the Federal share of the 
administrative expenses of the Commission, including services as 
authorized by 5 U.S.C. 3109, £uid hire of passenger motor vehicles, 
$66,400,000, to remain available until expended. 
DENALI COMMISSION 
For expenses of the Denali Commission including the purchase, 
construction and acquisition of plant and capital equipment as 
necessary and other expenses, $20,000,000, to remain available 
until expended, subject to enactment of authorization by law. 
DEFENSE NUCLEAR FACiLmES SAFETY BOARD 
SALARIES A N D EXPENSES 
For necessary expenses of the Defense Nuclear Facilities Safety 
Board in carrying out activities authorized by the Atomic Energy 
Act of 1954, as amended by Public Law 100-456, section 1441, 
$16,500,000, to remain available until expended. 
PUBLIC LAW 105-245—OCT. 7, 1998 
112 STAT. 1855 
NUCLEAR REGULATORY COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Commission in carrying out 
the purposes of the Energy Reorganization Act of 1974, as amended, 
and the Atomic Energy Act of 1954, as amended, including official 
representation expenses (not to exceed $15,000), $465,000,000, to 
remain available until expended: Provided, That of the amount 
appropriated herein, $17,000,000 shall be derived from the Nuclear 
Waste Fund: Provided further, That revenues from licensing fees, 
inspection services, and other services and collections estimated 
at $444,800,000 in fiscal year 1999 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 $3,200,000 of the funds herein appropriated for regu-
latory reviews and other assistance provided to the Department 
of Energy and other Federal agencies shall be excluded from license 
fee revenues, notwithstanding 42 U.S.C. 2214: Provided 
further. 
That the sum herein appropriated shall be reduced by the amount 
of revenues received during fiscal year 1999 so as to result in 
a final fiscal year 1999 appropriation estimated at not more than 
$20,200,000. 
OFFICE OF INSPECTOR GENERAL 
For necessary expenses of the Ofiice of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
as amended, $4,800,000, to remain available until expended: Pro-
vided, That the sum herein appropriated shall be reduced by the 
amount of revenues received during fiscal year 1999 so as to result 
in a final fiscal year 1999 appropriation estimated at not more 
than $0. 
NUCLEAR WASTE TECHNICAL REVIEW BOARD 
SALARIES AND EXPENSES 
For necessary expenses of the Nuclear Waste Technical Review 
Board, as authorized by Public Law 100-203, section 5051, 
$2,600,000, to be derived from the Nuclear Waste Fund, and to 
remain available until expended. 
^^ 
TITLE V—GENERAL PROVISIONS 
SEC. 501. None of the funds appropriated by this Act may 
be used in any way, directly or indirectly, to influence congressional 
action on any legislation or appropriation matters pending before 
Congress, other than to communicate to Members of Congress as 
described in section 1913 of title 18, United States Code. 
SEC. 
502. (a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND 
PRODUCTS.—It is the sense of the Congress that, to the greatest 
extent practicable, all equipment and products purchased with 
funds made available in this Act should be American-made. 
(b) NOTICE REQUIREMENT.—In providing financial assistance 
to, or entering into any contract with, any entity using funds 
made available in this Act, the head of each Federal agency, to 
the greatest extent practicable, shall provide to such entity a notice 
describing the statement made in subsection (a) by the Congress. 
112 STAT. 1856 
PUBLIC LAW 105-245—OCT. 7, 1998 
(c) PROHIBITION OP CONTRACTS WITH PERSONS FALSELY LABEL-
ING PRODUCTS AS MADE IN AMERICA.—If it has been finally deter-
mined by a court or Federal agency that any person intentionally 
affixed a label bearing a "Made in America" inscription, or any 
inscription with the same meaning, to any product sold in or shipped 
to the United States that is not made in the United States, the 
person shall be ineligible to receive any contract or subcontract 
made with funds made available in this Act, pursuant to the debar-
ment, suspension, and ineligibility procedures described in sections 
9.400 through 9.409 of title 48, Code of Federal Regulations. 
SEC. 503. (a) None of the funds appropriated or otherwise 
made available by this Act may be used to determine the final 
point of discharge for the interceptor drain for the San Luis Unit 
until development by the Secretary of the Interior and the State 
of California of a plan, which shall conform to the water quality 
standards of the State of California as approved by the Adminis-
trator of the Environmental Protection Agency, to minimize any 
detrimental effect of the San Luis drainage waters. 
(b) The costs of the Kesterson Reservoir Cleanup Program 
and the costs of the San Joaquin Valley Drainage Program shall 
be classified by the Secretary of the Interior as reimbursable or 
nonreimbursable and collected until fully repaid pursuant to the 
"Cleanup 
Program—^Alternative 
Repayment 
Plan" 
and 
the 
"SJVDP—Alternative Repayment Plan' described in the report enti-
tled "Repa3mient Report, Kesterson Reservoir Cleanup Program 
and San Joaquin Valley Drainage Program, February 1995", pre-
pared by the Department of the Interior, Bureau of Reclamation. 
Any future obligations of funds by the United States relating to, 
or providing for, drainage service or drainage studies for the San 
Luis Unit shall be fully reimbursable by San Luis Unit beneficiaries 
of such service or studies pursuant to Federal Reclamation law. 
SEC. 504. None of the funds made available in this or any 
other Act may be used to restart the High Flux Beam Reactor. 
SEC. 505. Section 6101(a)(3) of the Omnibus Budget Reconcili-
ation Act of 1990, as amended, (42 U.S.C. 2214(a)(3)) is amended 
by striking "September 30, 1998" and inserting "September 30, 
1999". 
42 use 5852. 
SEC. 506. (a) Funds appropriated for "Nuclear Regulatory 
Commission—Salaries and Expenses" shall be available to the 
Commission for the following additional purposes: 
(1) Emplo5rment of aliens. 
(2) Services authorized by section 3109 of title 5, United 
States Code. 
(3) Publication and dissemination of atomic information. 
(4) Purchase, repair, and cleaning of uniforms. 
(5) Reimbursements to the General Services Administration 
for security guard services. 
(6) Hire of passenger motor vehicles and aircraft. 
(7) Transfers of funds to other agencies of the Federal 
Government for the performance of the work for which such 
funds are appropriated, and such transferred funds may be 
merged with the appropriations to which they are transferred. 
(8) Transfers to the Office of Inspector General of the 
Commission, not to exceed an additional amount equal to 5 
percent of the amount otherwise appropriated to the Office 
for the fiscal year. Notice of such transfers shall be submitted 
to the Committees on Appropriations. 
PUBLIC LAW 105-245—OCT. 7, 1998 
112 STAT. 1857 
(b) Funds appropriated for "Nuclear Regulatory Commission— 
Office of Inspector General" shall be available to the Office for 
the additional purposes described in paragraphs (2) and (7) of 
subsection (a). 
(c) Moneys received by the Commission for the cooperative 
nuclear research program, services rendered to State governments, 
foreign governments, and international organizations, and the mate-
rial and information access authorization programs, including crimi-
nal history checks under section 149 of the Atomic Energy Act 
of 1954 (42 U.S.C. 2169) may be retained and used for salaries 
and expenses associated with those activities, notwithstanding 31 
U.S.C. 3302, and shall remain available until expended. 
(d) Notwithstanding section 663(c)(2)(D) of Pubhc Law 104-
208, and to facilitate targeted workforce downsizing and restructur-
ing, the Chairman of the Nuclear Regulatory Commission may 
use funds appropriated in this Act to exercise the authority provided 
by section 663 of that Act with respect to employees who voluntarily 
separate from the date of enactment of this Act through December 
31, 2000. All of the requirements in section 663 of Public Law 
104-208, except for section 663(c)(2)(D), apply to the exercise of 
authority under this section. 
(e) Subsections (a), (b), and (c) of this section shall apply to Applicability. 
fiscal year 1999 and each succeeding fiscal year. 
(TRANSFER OF FUNDS) 
SEC. 
507. 
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA, 
CRIMINAL JUSTICE SYSTEM.—Of the amounts appropriated as a 
Federal payment under the District of Columbia Appropriations 
Act, 1998, to the Pretrial Services, Defense Services, Parole, Adult 
Probation and Offender Supervision Trustee, $1,700,000 are hereby 
transferred to the District of Columbia Courts for court operations. 
D E S I G N A T I O N O F VIC FAZIO YOLO WILDLIFE AREA 
SEC. 508. The wetlands located in Yolo County, California, 
and known as the Yolo Basin Wetlands, shall be known and des-
ignated as the "Vic Fazio Yolo Wildlife Area". Any reference in 
a law, map, regulation, document, paper, or other record of the 
United States to the wetlands shall be deemed to be a reference 
to the "Vic Fazio Yolo Wildlife Area". 
DALE BUMPERS WILDLIFE RESOURCES PROTECTION ACT 
SEC. 509. The Arkansas Wilderness Act of 1984 (Pubhc Law 
98-508; 98 Stat. 2349) is amended by adding at the end thereof 
the following new section: 
"SEC. 8. RECOGNIZING THE CONTRIBUTIONS OF SENATOR DALE 
BUMPERS. 
"(a) DEDICATION.—^The nine areas in the State of Arkansas 
comprising approximately 91,100 acres designated as components 
of the National Wilderness Preservation System pursuamt to this 
Act are hereby dedicated to United States Senator Dale Bumpers 
in recognition of his leadership and outstamding contributions to 
the designation of wilderness in the State of Arkansas and to 
the protection and preservation of natural resources for the benefit 
of the people of the United States. 
112 STAT. 1858 
PUBLIC LAW 105-245—OCT. 7, 1998 
"(b) SHORT TITLE.—In further recognition of his efforts to pro-
tect wilderness resources in the State of Arkansas, this Act shall, 
upon enactment of this section, be known as the 'Dale Bumpers 
Wilderness Resources Protection Act'. 
Deadline. 
"(c) PUBLIC NOTIFICATION.—Not later than 180 days after the 
date of enactment of this section, the Secretary of Agriculture, 
acting through the Chief of the Forest Service, shall take such 
actions as may be necessary to recognize the contributions of Sen-
ator Dale Bumpers to the preservation of wilderness in the State 
of Arkansas. Such actions shall include, but not be limited to, 
appropriate signs and other materials, commemorative markers, 
maps, interpretive programs or other means as will adequately 
inform the public of the efforts of Senator Bumpers to preserve 
and protect National Forest wilderness areas in the State of 
Arkansas.". 
This Act may be cited as the "Energy and Water Development 
Appropriations Act, 1999". 
Approved October 7, 1998. 
LEGISLATIVE HISTORY—H.R. 4060 (S. 2138): 
HOUSE REPORTS: Nos. 105-581 (Comm. on Appropriations) and 105-749 (Comm. 
of Conference). 
SENATE REPORTS: No. 105-206 accompanying S. 2138 (Comm. on Appropria-
tions). 
CONGRESSIONAL RECORD, Vol. 144 (1998): 
June 22, considered and passed House. 
June 23, considered and passed Senate, amended. 
Sept. 28, House agreed to conference report. 
Sept. 29, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 34 (1998): 
Oct. 7, Presidential statement.