Energy and Water Development Appropriations Act, 1998
PL 105-62 (H.R.2203), enacted 10/13/1997

I l l STAT. 1320 
PUBLIC LAW 105-62—OCT. 13, 1997 
*Public Law 105-62 
105th Congress 
An Act 
Oct. 13, 1997 
Making appropriations for energy and water development for the fiscal year ending 
[H.R. 2203] 
September 30, 1998, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
Energy and 
the United States of America in Congress assembled, That the 
Water 
following sums are appropriated, out of any money in the Treasury 
AppromStions 
^^^ otherwise appropriated, for the fiscal year ending September 
Act, 1998. 
30, 1998, 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 
direction 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, and related purposes. 
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, mis-
cellaneous investigations, and, when authorized by laws, surveys 
and detailed studies and plans and specifications of projects prior 
to construction, $156,804,000, 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, 
$456,000; 
Tampa Harbor, Alafia Channel, Florida, $270,000; 
Laulaulei, Hawaii, $200,000; 
Bamegat Inlet to Little Egg Harbor Inlet, New Jersey, 
$400,000; 
Brigantine Inlet to Great Egg Harbor Inlet, New Jersey, 
$472,000; 
Great Egg Harbor Inlet to Townsends Inlet, New Jersey, 
$400,000; 
*Note: This law contains items that were cancelled by the President pursuant to the Line 
Item Veto Act. For more information, see the Federal Register entry under "LEGISLATIVE 
HISTORY" at the end of this law. 
PUBLIC LAW 105-62—OCT. 13, 1997 
111 STAT. 1321 
Lower Cape May Meadows—Cape May Point, New Jersey, 
$154,000; 
Manasquan Inlet to Bamegat Inlet, New Jersey, $400,000; 
Raritan Bay to Sandy Hook Bay (Cliffwood Beach), New 
Jersey, $300,000; 
Townsends Inlet to Cape May Inlet, New Jersey, $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 appropriated 
herein to initiate the feasibility phase for the Metropolitan 
Louisville, Southwest, Kentucky, 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 Secretary of the Army 
is directed to use $150,000 of the funds appropriated herein to 
implement section 211(f)(8) of PubUc 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, £ind 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), $1,473,373,000, 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 rehabilitation of inland waterways 
projects, including rehabilitation costs for the Lock and Dam 25, 
Mississippi River, Illinois and Missouri; Lock and Dam 14, Mis-
sissippi 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: 
Arkansas River, Tucker Creek, Arkansas, $300,000; 
Norco Bluffs, California, $1,000,000; 
Ssin 
Timoteo 
Creek 
(Santa 
Ana 
River 
Mainstem), 
California, $5,000,000; 
Panama City Beaches, Florida, $5,000,000; 
Tybee Island, Georgia, $2,000,000; 
Indianapolis Central Waterfront, Indiana, $5,000,000; 
Indiana Shoreline Erosion, Indiana, $3,000,000; 
Lake George, Hobart, Indiana, $3,500,000; 
Ohio River Flood Protection, Indiana, $1,300,000; 
I l l STAT. 1322 
PUBLIC LAW 105-62—OCT. 13, 1997 
Harlan, 
Williamsburg, 
and 
Middlesboro, 
Kentucky, 
elements of the Levisa and Tug Forks of the Big Sandy River 
and Upper Cumberland River, $26,390,000; 
Martin County, Kentucky, element of the Levisa and Tug 
Forks of the Big Sandy River and Upper Cumberland River, 
$5,000,000; 
Pike County, Kentucky, element of the Levisa and Tug 
Forks of the Big Sandy River and Upper Cumberland River, 
$5,300,000; 
Town of Martin (Levisa and Tug Forks of the Big Sandy 
River and Upper Cumberland River), Kentucky, $700,000; 
Salyersville, Kentucky, $2,050,000; 
Southern and Eastern Kentucky, Kentucky, $3,000,000; 
Lake Pontchartrain and Vicinity (Hurricane Protection), 
Louisiana, $22,920,000; 
Lake 
Pontchartrain 
(Jefferson 
Parish) 
Stormwater 
Discharge, Louisiana, $3,000,000; 
Jackson County, Mississippi, $3,000,000; 
Natchez Bluff, Mississippi, $4,000,000; 
Pearl River, Mississippi (Walkiah Bluff), $2,000,000; 
Joseph G. Minish Passaic River Park, New Jersey, 
$3,000,000; 
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 Improvement 
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; 
Wallisville Lake, Texas, $9,200,000; 
Virginia Beach, Virginia (Reimbursement), $925,000; 
Virginia 
Beach, 
Virginia 
(Hurricane 
Protection), 
$13,000,000; 
West Virginia and Pennsylvania Flood Control, West 
Virginia and Pennsylvania, $3,000,000; 
Hatfield Bottom (Levisa and Tug Forks of the Big Sandy 
River and Upper Cumberland River), West Virginia, $1,000,000; 
Lower Mingo (Kermit) (Levisa and Tug Forks of the Big 
Sandy River and Upper Cumberland River), West Virginia, 
$6,300,000; 
Lower Mingo, West Virginia, Tributaries Supplement, 
$150,000; 
Upper Mingo County (Levisa and Tug Forks of the Big 
Sandy River and Upper Cumberland River), West Virginia, 
$3,000,000; 
Levisa Basin Flood Warning System (Levisa and Tug Forks 
of the Big Sandy River and Upper Cumberland River), 
Kentucky and Virginia, $400,000; 
Tug Fork Basin Flood Warning System (Levisa and Tug 
Forks of the Big Sandy River and Upper Cumberland River), 
West Virginia, $400,000; and 
PUBLIC LAW 105-62—OCT. 13, 1997 
111 STAT. 1323 
Wayne County (Levisa and Tug Forks of the Big Sandy 
River and Upper Cumberland River), West Virginia, $1,200,000: 
Provided, That the Secretary of the Army, acting through the Chief 
of Engineers, is directed to proceed with design and construction 
of the Southeast Louisiana, Louisiana, project and to award continu-
ing contracts, which are not to be considered fully funded, beginning 
in fiscal year 1998 consistent with the limit of the authorized 
appropriation ceiling: Provided further. That the Secretary of the 
Army, acting through the Chief of Engineers, is directed to use 
$225,000 of funds provided herein to construct necessary repairs 
to the flume and conduit for flood control at the Hagerman's Run, 
Williamsport, Pennsylvania, flood control project: 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 eco-
nomic analysis for the Albright Street section of the project, and 
to cost-share and implement these combined sections as a single 
project with no sepsirable elements, except that each section may 
be undertaken individually when the non-Federal sponsor provides 
the applicable local cooperation requirements: Provided 
further. 
That section 114 of Public Law 101-101, the Energy and Water 
Development Appropriations Act, 1990, is amended by striking 
103 Stat. 651. 
"total cost of $19,600,000" and inserting "total cost of $40,000,000": 
Provided further. That the Secretary 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 Resources Develop-
ment Act of 1986, the Wilmington Harbor, Channel Widening, North 
Carolina, project authorized in section 101(a)(23) of the Water 
Resources Development Act of 1996, and the Cape Fear—^Northeast 
(Cape Fear) Rivers, North Carolina, project authorized in section 
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: Provided further. That the 
Secretary of the Army, acting through the Chief of Engineers, 
is directed to use $20,000,000 of the funds appropriated herein 
to initiate construction of the Houston-Galveston Navigation Chsm-
nels, Texas, project and execute a Project Cooperation Agreement 
for the entire project authorized in the Water Resources Develop-
ment Act of 1996, Public Law 104-303: 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 to 
initiate construction of an emergency outlet from Devils Lake, North 
Dakota, to the Sheyenne River, and that this amount is designated 
by Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985 (2 U.S.C. 901(b)(2)(D)(i)); 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 Assistance 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 Policy Act of 1969 
(42 U.S.C. 4321 et seq.): Provided further. That the economic jus-
tification for the emergency outlet shall be prepared in accordance 
with the principles and guidelines for economic evaluation as 
I l l STAT. 1324 
PUBLIC LAW 105-62—OCT. 13, 1997 
required by regulations and procedures of the Army Corps of 
Engineers for all flood control projects, and that the economic 
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 Secretary 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 Between 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 avEulable under this Act or any other 
Act for any fiscal year may be used by the Secretary of the Army 
to carry 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 entire 
amount of $5,000,000 shall be available only to the extent an 
official budget request, that includes the designation of the entire 
amount of the request as an emergency requirement as defined 
by the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended, is transmitted by the President to the Congress: 
Provided further, That the Secretary of the Army is directed to 
use $2,000,000 of the funds appropriated herein to implement sec-
tion 211(fX6) of Public 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. 
FLOOD CONTROL, MISSISSIPPI RIVER AND 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), $296,212,000, to remain available until 
expended: Provided, That notwithstanding the funding limitations 
set forth in Public Law 104-6 (109 Stat. 85), the Secretary of 
the Army, acting through the Chief of Engineers, is authorized 
and directed to use additional funds appropriated herein or pre-
viously appropriated to complete remedial measures to prevent 
slope instability at Hickman Bluff, Kentucky: Provided 
further. 
That, using funds appropriated in this Act, the Secretary of the 
Army may construct the Ten and Fifteen Mile Bayou chcinnel 
enlargement as an integral part of the work accomplished on the 
St. Francis Basin, Arkansas and Missouri Project, authorized by 
the Flood Control Act of 1950: Provided further. That the Secretary 
of the Army, acting through the Chief of Engineers, is directed 
to use up to $4,000,000, including the $1,900,000 appropriated 
herein, to dredge Sardis Lake, Mississippi, at 100 percent Federal 
iti^^.^'' 
PUBLIC LAW 105-62—OCT. 13, 1997 
111 STAT. 1325 
cost, so that the City of Sardis, Mississippi, may proceed with 
its development of the valuable resources of Sardis Lake in 
Mississippi, consistent with lemguage provided in House Report 
104-679, accompanying the Fiscal Year 1997 Energy and Water 
Development Appropriations Act (Public Law 104-206): Provided 
further. That within available funds, the Secretary of the Army, 
acting through the Chief of Engineers, is directed to conduct^ at 
100 percent Federal cost, the necessary Environmental Assessment 
and Impact Studies for the initial components of Sardis Lake devel-
opment as provided in the Sardis Lake Recreation and Tourism 
Master Plan, Phase II. 
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, municipgJity 
or other public 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 chsmnels; and removal of obstructions to naviga-
tion, $1,740,025,000, to remain available until expended, of which 
such sums as become available in the Harbor Maintenance Trust 
Fund, pursuant to 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. 4601), may be derived from that 
Fund for construction, operation, and maintenance of outdoor recre-
ation facilities, and of which funds £u*e provided for the following 
projects in the amounts specified: 
Anclote River, Florida, $1,500,000; 
Beverly Shores, Indiana, $1,700,000; 
Boston Harbor, Massachusetts, $16,500,000; 
Flint River, Michigan, $875,000- and 
Raystown Lake, Pennsylvania, $4,690,000: 
Provided, TTiat the Secretary of the Army, acting through the Chief 
of Engineers, is directed to use funds appropriated in Public Law 
104-206 to reimburse the local sponsor of the Fort Myers Beach, 
Florida, project for the maintensmce dredging performed by the 
local sponsor to open the authorized channel to navigation in fiscal 
year 1996: Provided further. That no funds, whether appropriated, 
contributed, 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 authorized 
and directed to dredge a navigationed channel in the Chena River 
at FairbEinks, Alaska, from its confluence with the Tanana River 
upstream to the University Road Bridge that will allow the safe 
{>assage during normal water levels of vessels up to 350 feet in 
ength, 60 feet in width, and drafting up to 3 feet: Provided further. 
That using $6,000,000 of funds appropriated herein, the Secretary 
of the Army is directed to extend the navigation channel on the 
Allegheny River, Pennsylvania, project to provide passenger boat 
access to the KittEinning, Pennsylvania, Riverfront Park: Provided 
iurther. That the Secretary of the Army, acting through the Chief 
of Engineers, is directed to use $2,500,000 of the funds provided 
I l l STAT. 1326 
PUBLIC LAW 105-62—OCT. 13, 1997 
herein to implement measures upstream of Lake Cumberland, 
Kentucky, to intercept and dispose of solid waste. 
REGULATORY PROGRAM 
For expenses necessary for administration of laws pertaining 
to regulation of navigable waters and wetlands, $106,000,000, 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 
18, 1941, as 
amended, 
$4,000,000, 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, $140,000,000, 
to remain available until expended: Provided, That the unexpended 
balances of prior appropriations provided for these activities in 
this Act or any previous Energy and Water Development Appropria-
tions Act may be transferred to and merged with this appropriation 
account, and theresifter, 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 
fiinctions 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 Engineering Strategic Studies Center, the Water Resources 
Support Center, and the USACE Finance Center; and for costs 
of implementing 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 expended: 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. 
REVOLVING FUND 
Amounts in the Revolving Fund may be used to construct 
a 17,000 square foot addition to the United States Army Corps 
of Engineers Alaska District main office building on Elemendorf 
Air Force Base. The Revolving Fund shall be reimbursed for such 
funding from the benefitting appropriations by collection each year 
of user fees sufficient to repay the capitalized cost of the asset 
and to operate and maintain the asset. 
PUBLIC LAW 105-62—OCT. 13, 1997 
111 STAT. 1327 
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 year the Revolving Fund, Corps of Engineers, 
shall be available for purchase (not to exceed 100 for replacement 
only) and hire of passenger motor vehicles. 
GENERAL PROVISIONS 
CORPS OF ENGINEERS—CIVIL 
SEC. 101. In fiscal year 1998, the Secretary of the Army is 
authorized and directed to provide planning, design and construc-
tion assistance to non-Federal interests in canying out water-
related environmental infrastructure and environmental resources 
development projects in Alaska, including assistance for wastewater 
treatment and related facilities; water supply, storage, treatment 
and distribution facilities; and development, restoration or improve-
ment of wetlands and other aquatic areas for the purpose of 
protection or development of surface water resources: Provided, 
That the non-Federal interest shall enter into a binding agreement 
with the Secretary wherein the non-Federal interest will provide 
all lands, easements, rights-of-way, relocations, and dredge material 
disposal areas required for the project, and pay 50 per centum 
of the costs of required feasibility studies, 25 per centum of the 
costs of designing and constructing the project, and 100 per centum 
of the costs of operation, maintenance, repair, replacement or 
rehabilitation of the project: Provided further, That the value of 
lands, easements, rights-of-way, relocations and dredged material 
disposal areas provided by the non-Federal interest shall be credited 
toward the non-Federal share, not to exceed 25 per centum, of 
the costs of designing and constructing the project: Provided further, 
That utilizing $5,000,000 of the funds appropriated herein, the 
Secretary is directed to carry out this section. 
GREEN BROOK SUB-BASIN FLOOD CONTROL PROJECT, NEW JERSEY 
SEC. 102. No funds made available under this Act or any 
other Act for any fiscal year may be used by the Secretary of 
the Army to construct the Oak Way detention structure or the 
Sky Top detention structure in Berkeley Heights, New Jersey, as 
part of the project for flood control. Green Brook Sub-Basin, Raritan 
River Basin, New Jersey, authorized by section 401(a) of the Water 
Resources Development Act of 1986 (Public Law 99-662; 100 Stat. 
4119). 
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 
I l l STAT. 1328 
PUBLIC LAW 105-62—OCT. 13, 1997 
remain available until expended, of which $16,610,000 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 
by paragraph 402(b)(2) of the CentrsJ 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 carrying out 
related responsibilities of the Secretary of the Interior, $800,000, 
to remain available until expended. 
BUREAU OF RECLAMATION 
For canying 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, £md cooperative and 
other agreements with. State and local governments, Indian tribes, 
and others, $694,348,000, to remain available until expended, of 
which $18,758,000 shall be available for transfer to the Upper 
Colorado River Basin Fund and $56,442,000 shall be available 
for transfer to the Lower Colorado River Basin Development Fund, 
and of which such Emiounts 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 further, That of the total appropriated, 
the amount for program activities 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 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 using $500,000 
of funds appropriated herein, the Secreteiry of the Interior shall 
undertake a non-reimbursable project to install drains in the Pena 
Blanca area of New Mexico to prevent seepage from Cochiti Dam: 
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-reimburs-
able basis: Provided further. That the amount authorized for Indian 
municipal, rural, and industrial water features by section 10 of 
Public Law 89-108, as amended by section 8 of Public Law 99-
PUBLIC LAW 105-62—OCT. 13, 1997 
111 STAT. 1329 
294 and section 1701(b) of Public Law 102-575, is increased by 
$1,300,000 (October 1997 prices): Provided further, That the unex-
pended balances of the Bureau of Reclamation appropriation 
accounts for "Construction Program (Including Transfer of Funds)", 
"General Investigations", "Emergency Fund", and "Operation and 
Maintenance" shall be transferred to and merged with this account, 
to be available for the purposes for which they originally were 
appropriated: Provided further, That the Secretary of the Interior 
may use $2,500,000 of funds appropriated herein to initiate 
construction of the McCall Area Wastewater Reclamation and 
Reuse, Idaho, project. 
BUREAU 
OF 
RECLAMATION 
LOAN 
PROGRAM 
ACCOUNT 
For the cost of direct loans and/or grants, $10,000,000, to 
remain available until expended, as authorized by the Small Rec-
lamation Projects Act of August 6, 1956, as amended (43 U.S.C. 
422a-4221): Provided, That such costs, including the cost of modify-
ing such loans, shall be as defined in section 502 of the Congres-
sional Budget Act of 1974: Provided further. That these funds 
are available to subsidize gross obligations for the principal amount 
of direct lo£ins not to exceed $31,000,000. 
In addition, for administrative expenses necessary to carry 
out the program for direct lo£ins 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 canying out the programs, projects, plans, and habitat 
restoration, improvement, and acquisition provisions of the Central 
Valley Project Improvement Act, such sums as may be collected 
in the Central Valley Project Restoration Fund pursuant to sections 
3407(d), 3404(c)(3), 3405(f), and 3406(c)(1) of PubHc Law 102-575, 
to remain available until expended: Provided, That the Bureau 
of Reclamation is directed to levy additional mitigation Eind restora-
tion payments totaling no more than $25,130,000 (October 1992 
price levels) on a three-year rolling average basis, as authorized 
by section 3407(d) of Public Law 102-575. 
CALIFORNIA BAY-DELTA ECOSYSTEM RESTORATION 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of the Department of the Interior and 
other participating Federal agencies in carrying out the California 
Bay-Delta Environmental Enhancement and Water Security Act 
consistent with plans to be approved by the Secretary of the Interior, 
in consultation with such Federal agencies, $85,000,000, to remain 
available until expended, of which such amounts as may be 
necessary to conform with such plans shall be transferred to appro-
priate accounts of such Federal agencies: Provided, That such funds 
may be obligated only as non-Federal sources provide their share 
in accordance with the cost-sharing agreement required under sec-
tion 102(d) of such Act: Provided further. That such funds may 
be obligated prior to the completion of a final programmatic environ-
mental impact statement only if: (1) consistent with 40 CFR 
I l l STAT. 1330 
PUBLIC LAW 105-62—OCT. 13, 1997 
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 poUcy, administration, and related 
functions in the office of the Commissioner, the Denver office, 
and offices in the five regions of the Bureau of Reclamation, to 
remain available until expended, $47,558,000, to be derived from 
the Reclamation Fund and be nonreimbursable as provided in 43 
U.S.C. 377: Provided, That no part of any other appropriation 
in this Act shall be available for activities or functions budgeted 
as policy and administration expenses. 
ADMINISTRATIVE PROVISION . 
Appropriations for the Bureau of Reclamation shall be available 
for purchase of not to exceed six passenger motor vehicles for 
replacement only. 
TITLE III 
DEPARTMENT OF ENERGY 
ENERGY PROGRAMS 
ENERGY SUPPLY 
For expenses of the Department of Energy activities including 
the purchase, construction and acquisition of plant and capital 
equipment and other expenses necessary for energy supply, and 
uranium supply and enrichment activities in canying out the pur-
poses of the Department of Energy Organization Act (42 U.S.C. 
7101 et seq.), including the acquisition or condemnation of any 
real property or any facility or for plant or facility acquisition, 
construction, or expansion, $906,807,000. 
NON-DEFENSE ENVIRONMENTAL MANAGEMENT 
For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and 
other expenses necessary for non-defense environmental manage-
ment activities in carrying out the purposes of the Department 
of Energy Organization Act (42 U.S.C. 7101 et seq.), including 
the acquisition or condemnation of any real property or any facility 
or for plant or facility acquisition, construction or expansion, 
$497,059,000, to remain available until expended. 
URANIUM ENRICHMENT DECONTAMINATION AND DECOMMISSIONING 
FUND 
For necessary expenses in carrying out uranium enrichment 
facility decontamination and decommissioning, remedial actions and 
other activities of title II of the Atomic Energy Act of 1954 and 
title X, subtitle A of the Energy Policy Act of 1992, $220,200,000, 
to be derived from the Fund, to remain available until expended: 
Provided, That $40,000,000 of amounts derived from the Fund 
for such expenses shall be available in accordance with title X, 
subtitle A, of the Energy Policy Act of 1992. 
PUBLIC LAW 105-62—OCT. 13, 1997 
111 STAT. 1331 
SCIENCE 
For expenses of the Department of Energy activities including 
the purchase, construction and acquisition of plant and capital 
equipment and other expenses necessary for science activities in 
carrying out the purposes of the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.), including the acquisition or condemna-
tion of any real property or facility or for plant or facility acquisition, 
construction, or expansion, and purchase of 15 passenger motor 
vehicles for replacement only, $2,235,708,000, to remain available 
until expended: Provided, That $35,000,000 of the unobligated 
balances originally available for Superconducting Super Collider 
termination activities shall be made available for other activities 
under this heading. 
NUCLEAR WASTE DISPOSAL FUND 
For nuclear waste disposal activities to carry out the purposes 
of Public Law 97-425, as amended, including the acquisition of 
real property or facility construction or expansion, $160,000,000, 
to remain available until expended, to be derived from the Nuclear 
Waste Fund; of which $4,000,000 shall be available to the Nuclear 
Regulatory Commission to license a multi-purpose canister design; 
and of which not to exceed $5,000,000 may be provided to affected 
local governments, as defined in Public Law 97-425, to conduct 
appropriate activities pursuant to the Act: Provided, That the dis-
tribution of the funds to the units of local government shall be 
determined by the Department of Energy: Provided further. That 
the funds shall be made available to the units of local government 
by direct pajonent: Provided further. That within ninety days of 
the completion of each Federal fiscal year, each local entity shall 
provide certification to the Department of Energy, that all funds 
expended from such payments have been expended for activities 
as defined in Public Law 97-425. Failure to provide such certifi-
cation shall cause such entity to be prohibited from any further 
funding provided for similar activities: Provided further. That none 
of the funds herein appropriated may be: (1) used directly or 
indirectly to influence legislative action on any matter pending 
before Congress or a State legislature or for lobbying activity as 
provided in 18 U.S.C. 1913; (2) used for litigation expenses; or 
(3) used to support multistate efforts or other coalition building 
activities inconsistent with the restrictions contained in this Act: 
Provided further. That none of the funds provided herein shall 
be distributed to the State of Nevada by direct payment, grant, 
or other means, for financial assistance under section 116 of the 
Nuclear Waste Policy Act of 1982, as amended: Provided 
further. 
That the foregoing proviso shall not apply to pa3mients in lieu 
of taxes under section 116(c)(3)(A) of the Nuclear Waste Policy 
Act of 1982, as amended. 
DEPARTMENTAL ADMINISTRATION 
For salaries and expenses of the Department of Energy nec-
essary for departmental administration in carrying out the purposes 
of the Department of Energy Organization Act (42 U.S.C. 7101 
et seq.), including the hire of passenger motor vehicles and official 
reception and representation expenses (not to exceed $35,000), 
$218,747,000, to remain available until expended: Provided, That 
I l l STAT. 1332 
PUBLIC LAW 105-62—OCT. 13, 1997 
moneys received by the Department for miscellaneous revenues 
estimated to total $131,330,000 in fiscal year 1998 may be retsdned 
and used for operating expenses within this account, and may 
remain available until expended, as authorized by section 201 of 
Public Law 95-238, notwithstanding the provisions of 31 U.S.C. 
3302: Provided further. That the sum herein appropriated shall 
be reduced by the amount of miscellaneous revenues received during 
fiscal year 1998 so as to result in a final fiscal year 1998 appropria-
tion from the CJeneral Fund estimated at not more than $87,417,000. 
OFFICE OF THE INSPECTOR GENERAL 
For necessary expenses of the Office of the Inspector Greneral 
in carrying out the provisions of the Inspector General Act of 
1978, as amended, $27,500,000, to remain available until expended. 
ATOMIC ENERGY DEFENSE ACTIVITIES 
WEAPONS ACTIVITIES 
For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and 
other incidental expenses necessary for atomic energy defense weap-
ons activities in 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; and 
the purchase of passenger motor vehicles (not to exceed 70 for 
replacement only), $4,146,692,000, to remain available until 
expended: Provided, That funding for any ballistic missile defense 
program undertaken by the Department of Energy for the Depart-
ment of Defense shall be provided by the Department of Defense 
according to procedures established for Work for Others by the 
Department of Energy. 
DEFENSE ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT 
For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and 
other expenses necessary for atomic energy defense environmental 
restoration and waste management activities in carrying out the 
purposes of the Department of Energy Organization Act (42 U.S.C. 
7101 et seq.), including the acquisition or condemnation of any 
real property or any facility or for plant or facility acquisition, 
construction, or expansion; and the purchase of passenger motor 
vehicles (not to exceed 6 for replacement only), $4,429,438,000, 
to remain available until expended; and, in addition, $200,000,000 
for privatization projects, to remain available until expended. 
DEFENSE FACILITIES CLOSURE PROJECTS 
For expenses of the Department of Energy to accelerate the 
closure of defense environmentgJ management sites, including the 
purchase, construction and acquisition of plant and 
capital 
equipment and other necessary expenses, $890,800,000, to remain 
available until expended. 
PUBLIC LAW 105-62—OCT. 13, 1997 
111 STAT. 1333 
OTHER DEFENSE ACTIVITIES 
For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and 
other expenses necessary for atomic energy defense, other defense 
activities, in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101, et seq.), including the acquisition 
or condemnation of any real property or any facility or for plant 
or facility acquisition, construction, or expansion, and the purchase 
of passenger motor vehicles (not to exceed 2 for replacement only), 
$1,666,008,000, to remain available until expended. 
DEFENSE NUCLEAR WASTE DISPOSAL 
For nuclear waste disposal activities to carry out the purposes 
of Public Law 97-425, as amended, including the acquisition of 
real property or facility construction or expansion, $190,000,000, 
to remain available until expended. 
POWER MARKETING ADMINISTRATIONS 
OPERATION AND MAINTENANCE, ALASKA POWER ADMINISTRATION 
For necessary expenses of operation and maintenance of 
projects in Alaska £ind of marketing electric power and energy, 
$3,500,000, to remain available until expended; and, in addition, 
$10,000,000 for capital assets acquisition, to remain available until 
expended. 
BONNEVILLE POWER ADMINISTRATION FUND 
Expenditures from the Bonneville Power Administration Fund, 
established pursuant to Public Law 93-454, are approved for the 
anadromous fish supplementation facilities in the Yakima River 
Basin, Methow River Basin and Upper Snake River Basin, for 
the Billy Shaw Reservoir resident fish substitution project, and 
for the resident trout fish culture facility in Southeast Idaho; and 
official reception and representation expenses in an. amount not 
to exceed $3,000. 
During fiscal year 1998, no new direct loan obligations may 
be made. 
OPERATION AND MAINTENANCE, SOUTHEASTERN POWER 
ADMINISTRATION 
For necessary expenses of operation and maintenance of power 
transmission facilities and of marketing electric power and energy 
pursuant to the provisions of section 5 of the Flood Control Act 
of 1944 (16 U.S.C. 825s), as applied to the southeastern power 
area, $12,222,000, to remain available until expended; in adaition, 
notwithstanding 31 U.S.C. 3302, not to exceed $20,000,000 in 
reimbursements for transmission wheeling and ancillary services, 
to remain available until expended. 
OPERATION AND MAINTENANCE, SOUTHWESTERN POWER 
ADMINISTRATION 
For necessary expenses of operation and maintenance of power 
transmission facilities and of marketing electric power and energy. 
Ill STAT. 1334 
PUBLIC LAW 105-62—OCT. 13, 1997 
and for construction and acquisition of transmission lines, sub-
stations and appurtenant facilities, and for administrative expenses, 
including official reception and representation expenses in an 
amount not to exceed $1,500 in carrying out the provisions of 
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as 
applied to the southwestern power area, $25,210,000, to remain 
available until expended; in addition, notwithstanding the provi-
sions of 31 U.S.C. 3302, not to exceed $4,650,000 in reimbursements, 
to remain available until expended. 
CONSTRUCTION, REHABILITATION, OPERATION AND MAINTENANCE, 
WESTERN AREA POWER ADMINISTRATION 
(INCLUDING TRANSFER OF FUNDS) 
For carrying out the functions authorized by title III, section 
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7101 et seq.), 
and other related activities including conservation and renewable 
resources programs as authorized, mcluding the replacement of 
not more than two helicopters through transfers, exchanges, or 
sale, and official reception and representation expenses in an 
amount not to exceed $1,500, $189,043,000, to remain available 
imtil expended, of which $182,806,000 shall be derived from the 
Department of the Interior Reclamation Fund: Provided, That of 
the amount herein appropriated, $5,592,000 is for deposit into the 
Utah Reclamation Mitigation and Conservation Accoxmt pursuant 
to title rV of the Reclamation Projects Authorization and Adjust-
ment Act of 1992: Provided further, That the Secretary of the 
Treasury is authorized to transfer from the Colorado River Dsim 
Fimd to the Western Area Power Administration $5,592,000 to 
cany out the power marketing and transmission activities of the 
Boulder Canyon project as provided in section 104(a)(4) of the 
Hoover Power Plant Act of 1984, to remain available until expended. 
FALCON AND AMISTAD OPERATING AND MAINTENANCE FUND 
For operation, maintenance, and emergency costs for the hydro-
electric facilities at the Falcon sind Amistad Dams, $970,000, to 
remain available tmtil expended, and to be derived from the Falcon 
and Amistad Operating and Maintenance Fimd of the Western 
Area Power Administration, as provided in section 423 of the 
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995. 
FEDERAL ENERGY REGULATORY COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the FedersQ 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 £ind representation expenses (not to exceed 
$3,000), $162,141,000, to remain available until expended: Provided, 
42 use 7171 
That notwithstanding any other provision of law, not to exceed 
note. 
$162,141,000 of revenues from fees and annual charges, and other 
services and collections in fiscal year 1998 shall be retained and 
used for necessary expenses in this account, and sheill remain 
available until expended: Provided further. That the sum herein 
appropriated from the General Fund shall be reduced as revenues 
PUBLIC LAW 105-62—OCT. 13, 1997 
111 STAT. 1335 
are received during fiscal year 1998 so as to result in a final 
fiscal year 1998 appropriation from the Greneral Fund estimated 
at not more than $0. 
GENERAL PROVISIONS 
DEPARTMENT OF ENERGY 
SEC. 301. (a) None of the funds appropriated by this Act or 
any prior appropriations Act may be used to award a management 
and operating contract unless such contract is awarded using 
competitive procedures or the Secretary of Energy grants, on a 
case-by-case basis, a waiver to allow for such a deviation. The 
Secretary may not delegate the authority to grant such a waiver. 
(b) At least 60 days before a contract award, amendment. Reports. 
or modification for which the Secretary intends to grant such a 
waiver, the Secretary shall submit to the Subcommittees on Energy 
and Water Development of the Committees on Appropriations of 
the House of Representatives and the Senate a report notifying 
the subcommittees of the waiver and setting forth the reasons 
for the waiver. 
SEC. 302. (a) None of the funds appropriated by this Act or 
any prior appropriations Act may be used to award, amend, or 
modify a contract in a manner that deviates from the Federal 
Acquisition Regulation, unless the Secretary of Energy grants, on 
a case-by-case basis, a waiver to allow for such a deviation. The 
Secretary may not delegate the authority to grant such a waiver. 
(b) At least 60 days before a contract award, amendment. Reports. 
or modification for which the Secretary intends to grant such a 
waiver, the Secretary shall submit to the Subcommittees on Energy 
and Water Development of the Committees on Appropriations of 
the House of Representatives and the Senate a report notifying 
the subcommittees of the waiver and setting forth the reasons 
for the waiver. 
SEC. 303. None of the funds appropriated by this Act or any 
prior appropriations Act may be used to— 
(1) develop or implement a workforce restructuring plan 
that covers employees of the Department of Energy; or 
(2) provide enhanced severance payments or other benefits 
for employees of the Department of Energy; 
under section 3161 of the National Defense Authorization Act for 
Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2644; 42 U.S.C. 
7274h). 
SEC. 304. None of the funds appropriated by this Act or any 
prior appropriations Act may be used to augment the $61,159,000 
made available for obligation by this Act for severance pa3anents 
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. 
Ill STAT. 1336 
PUBLIC LAW 105-62—OCT. 13, 1997 
(TRANSFERS OF UNEXPENDED BALANCES) 
SEC. 306. The unexpended balances of prior appropriations 
provided for activities in this Act may be transferred to appropria-
tion accounts for such activities estabHshed pursuant to this title. 
Balances so transferred may be merged with funds in the applicable 
established accounts and thereafter may be accounted for as one 
fund for the same time period as originally enacted. 
TITLE IV 
INDEPENDENT AGENCIES 
APPALACHIAN REGIONAL COMMISSION 
40USCapp. 401 
For expenses necessary to carry out the programs authorized 
note. 
by the Appalachian Regional Development Act of 1965, as amended, 
notwithstanding section 405 of said Act, and for necessary expenses 
for the Federal Co-Chairman and the alternate on the Appalachian 
Regional Commission and for payment of the Federal share of 
the administrative expenses of the Commission, including services 
as authorized by 5 U.S.C. 3109, and hire of passenger motor 
vehicles, $170,000,000, to remain available until expended. 
DEFENSE NUCLEAR FACILITIES SAFETY BOARD 
SALARIES AND EXPENSES 
For necessary expenses of the Defense Nuclear Facilities Safety 
Board in carrying out activities authorized by the Atomic Energy 
Act of 1954, as amended by Public Law 100-456, section 1441, 
$17,000,000, to remain available until expended. 
NUCLEAR REGULATORY COMMISSION 
SALARIES AND EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of the Commission in canying out 
the purposes of the Energy Reorganization Act of 1974, as amended, 
and the Atomic Energy Act of 1954, as amended, including the 
employment of aliens; services authorized by 5 U.S.C. 3109; publica-
tion and dissemination of atomic information; purchase, repair, 
and cleaning of uniforms; official representation expenses (not to 
exceed $20,000); reimbursements to the General Services Adminis-
tration for security guard services; hire of passenger motor vehicles 
and aircraft, $468,000,000, to remain available until expended: 
Provided, That of the amount appropriated herein, $15,000,000 
shall be derived from the Nuclear Waste Fund: Provided 
further, 
That from this appropriation, transfers of sums may be made to 
other agencies of the Grovernment for the performance of the work 
for which this appropriation is made, and in such cases the sums 
so transferred may be merged with the appropriation to which 
transferred: Provided further. That moneys received by the Commis-
sion for the cooperative nuclear safety research program, services 
rendered to State governments, foreign governments and inter-
national orgginizations, and the material and information access 
authorization programs, including criminal history checks under 
PUBLIC LAW 105-62—OCT. 13, 1997 
111 STAT. 1337 
section 149 of the Atomic Energy Act may be retained and used 
for salaries and expenses associated with those activities, notwith-
standing 31 U.S.C. 3302, and shall remain available until expended: 
Provided further. That revenues from licensing fees, inspection serv-
ices, and other services and collections estimated at $450,000,000 
in fiscal year 1998 shall be retained and used for necessary salaries 
£ind expenses in this account, notwithstanding 31 U.S.C. 3302, 
and shall remain available until expended: Provided further. That 
$3,000,000 of the funds herein appropriated for regulatory reviews 
and other assistance provided to the Department of Energy and 
other Federal agencies shall be excluded from license fee revenues, 
notwithstanding 42 U.S.C. 2214: Provided further. That the sum 
herein appropriated shall be reduced by the amount of revenues 
received during fiscsd year 1998 from licensing fees, inspection 
services and other services and collections, excluding those moneys 
received for the cooperative nuclear safety research progrsun, 
services rendered to State governments, foreign governments and 
international organizations, and the material and information 
access authorization programs, so as to result in a final fiscal 
year 1998 appropriation estimated at not more than $18,000,000. 
OFFICE OF INSPECTOR GENERAL 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of the Office of Inspector General in 
carrjring out the provisions of the Inspector General Act of 1978, 
as amended, including services authorized by 5 U.S.C. 3109, 
$4,800,000, to remain available until expended; and in addition, 
an amount not to exceed 5 percent of this sum may be transferred 
from Salaries and Expenses, Nuclear Regulatory Commission: Pro-
vided, That notice of such transfers shall be given to the Committees 
on Appropriations of the House of Representatives and Senate: 
Provided further. That from this appropriation, transfers of sums 
may be made to other agencies of the Government for the perform-
ance of the work for which this appropriation is made, and in 
such cases the sums so transferred may be merged with the appro-
priation to which transferred: Provided further. That revenues from 
licensing fees, inspection services, and other services and collections 
shall be retained and used for necessary salaries and expenses 
in this account, notwithstanding 31 U.S.C. 3302, and shall remain 
available until expended: Provided fiurther. That the sum herein 
appropriated shall be reduced by the amount of revenues received 
during fiscal year 1998 from licensing fees, inspection services, 
and other services and collections, so as to result in a final fiscal 
year 1998 appropriation estimated at not more than $0. 
NUCLEAR WASTE TECHNICAL REVIEW BOARD 
SALARIES AND EXPENSES 
For necessary expenses of the Nuclear Waste Technical Review 
Board, as authorized by Public Law 100-203, section 5051, 
$2,600,000, to be derived from the Nuclear Waste Fund, and to 
remain available until expended. 
39-194 O - 97 - 9 : QL 3 Part 2 
I l l STAT. 1338 
PUBLIC LAW 105-62—OCT. 13, 1997 
TENNESSEE VALLEY AUTHORITY 
For the purpose of carrying out the provisions of the Tennessee 
Valley Authority Act of 1933, as amended (16 U.S.C. ch. 12A), 
including hire, maintenance, and operation of aircraft, and purchase 
and hire of passenger motor vehicles, $70,000,000, to remain avail-
able until expended, of which $6,900,000 shall be available for 
operation, maintenance, surveillance, and improvement of Land 
l6USC83lee. 
Between the Lakes; and for essential stewardship activities for 
which appropriations were provided to the Tennessee Valley Author-
ity in Public Law 104—206, such sums as are necessary in fiscal 
year 1999 and thereafter, to be derived only from one or more 
of the following sources: nonpower fund balances and collections; 
investment returns of the nonpower program; applied programmatic 
savings in the power and nonpower programs; savings from the 
suspension of bonuses and awards; savings from reductions in mem-
berships and contributions; increases in collections resulting from 
nonpower activities, including user fees; or increases in charges 
to private and public utilities both investor and cooperatively owned, 
as well as to direct load customers: Provided, That such funds 
are available to fund the stewardship activities under this para-
graph, notwithstanding sections 11, 14, 15, 29, or other provisions 
of the Tennessee Valley Authority Act, as amended, or provisions 
of the TVA power bond covenants: Provided further. That the sav-
ings from, and revenue adjustments to, the TVA budget in fiscal 
year 1999 and thereafter shall be sufficient to fund the siforemen-
tioned stewardship activities such that the net spending authority 
and resulting outlays for these activities shall not exceed $0 in 
fiscal year 1999 and thereafter. 
TITLE V 
GENERAL PROVISIONS 
SEC. 501. None of the funds appropriated by this Act may 
be used in any way, directly or indirectly, to influence congressional 
action on any legislation or appropriation matters pending before 
Congress, other than to communicate to Members of Congress as 
described in section 1913 of title 18, United States Code. 
SEC. 
502. (a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND 
PRODUCTS.—It is the sense of the Congress that, to the greatest 
extent practicable, all equipment and products purchased with 
funds made available in this Act should be American-made. 
(b) NOTICE REQUIREMENT.—In providing financial assistance 
to, or entering into any contract with, any entity using funds 
made available in this Act, the head of each Federal agency, to 
the greatest extent practicable, shall provide to such entity a notice 
describing the statement made in subsection (a) by the Congress. 
(c) PROHIBITION OF CONTRACTS WITH PERSONS FALSELY LABEL-
ING PRODUCTS AS MADE IN AMERICA.—If it has been finally deter-
mined by a court or Federal agency that any person intentionally 
affixed a label bearing a "Made in America" inscription, or any 
inscription with the same meaning, to any product sold in or shipped 
to the United States that is not made in the United States, the 
person shall be ineligible to receive any contract or subcontract 
made with funds made available in this Act, pursuant to the debar-
ment, suspension, and ineligibility procedures described in sections 
9.400 through 9.409 of title 48, Code of Federal Regulations. 
PUBLIC LAW 105-62—OCT. 13, 1997 
111 STAT. 1339 
SEC. 503. None of the funds made available in this Act may 
be provided by contract or by grant (including a grant of funds 
to be available for student aid) to any institution of higher 
education, or subelement thereof, that is currently ineligible for 
contracts and grants pursuant to section 514 of the Departments 
of Labor, Health and Human Services, and Education, and Related 
Agencies Appropriations Act, 1997 (as contained in section 101(e) 
of division A of Public Law 104-208; 110 Stat. 3009-270). 
SEC. 504. None of the funds made available in this Act may 
be obligated or expended to enter into or renew a contract with 
a contractor that is subject to the reporting requirement set forth 
in subsection (d) of section 4212 of title 38, United States Code, 
but has not submitted the most recent report required by such 
subsection. 
SEC. 505. None of the funds made available in this Act to 
pay the salary of any officer or employee of the Department of 
the Interior may be used for the Animas-La Plata Project, in Colo-
rado and New Mexico, except for: (1) activities required to comply 
with the applicable provisions of current law; and (2) continuation 
of activities pursuant to the Colorado Ute Indian Water Rights 
Settlement Act of 1988 (Pubhc Law 100-585). 
SEC. 506. Section 1621 of title XVI of the Reclamation 
Wastewater and Groundwater Act, Public Law 104-266, is amended 43USC390h-l2g. 
b y -
(1) striking "study" in the section title and in subsection 
(a), and inserting "project" into the title and in subsection 
(a); 
(2) inserting in subsection (a) "planning, design, and 
construction of the" following "to participate in the"; and 
(3) inserting in subsection (a) "and nonpotable surface 
water" following "impaired ground water". 
SEC. 507. Section 1208(aX2) of the Yavapai-Prescott Indian 
Treaty Settlement Act of 1994 (Public Law 103-434) is amended 
108 Stat. 4562. 
by striking "$4,000,000 for construction" and inserting "$13,000,000, 
at 1997 prices, for construction plus or minus such amoimts as 
may be justified by reason of ordinary fluctuations of applicable 
cost indexes". 
SEC. 508. (a) The State of West Virginia shall receive credit West Virginia, 
towards its required contribution under Contract No. DACW59-
C-0071 for the cost of recreational faciUties to be constructed by 
a joint venture of the State in cooperation with private interests 
for recreation development at Stonewall Jackson Lake, West 
Virginia, except that the State shall receive no credit for costs 
associated with golf course development and the amount of the 
credit may not exceed the amoiuit owed by the State imder the 
Contract. 
(b) The Corps of Engineers shall revise both the 1977 recreation 
cost-sharing agreement and the Park and Recreation Lease dated 
October 2, 1995 to remove the requirement that such recreation 
facilities are to be owned by the Government at the time of their 
completion as contained in Article 2-06 of the cost-sharing agree-
ment and Article 36 of the lease. 
(c) Nothing in this section shall reduce the amount of funds 
owed the United States Government pursuant to the 1977 recreation 
cost-sharing agreement. 
SEC. 509. Amounts to be transferred to the Department of 
Energy by the United States Enrichment Corporation (USEC) 
I l l STAT. 1340 
PUBLIC LAW 105-62—OCT. 13, 1997 
Records. 
Expiration date. 
pursuant to this section shall be retained and used for the specific 
purpose of development and demonstration of AVLIS technology 
for uranium enrichment: Provided, That, notwithstanding section 
1605 of the Atomic Energy Act of 1954, as amended (42 U.S.C. 
2297e-4), USEC shedl transfer to the Department such sums as 
are necessary in fiscal year 1998 for AVLIS demonstration and 
development activities to be derived only from one or more of 
the following sources: savings from adjustments in the level of 
inventories; savings from reductions in capital and operating costs; 
savings from reductions in power costs including savings from 
increased use of off-peak power; or savings from adjustments in 
the amount of purchases: Provided further. That the savings from 
such reductions and adjustments in the amounts paid by USEC 
in fiscal year 1998 shall be sufficient to fund the aforementioned 
AVLIS demonstration and development activities such that the 
net spending authority and resulting outlays for these activities 
shall not exceed $0 in fiscal year 1998 and thereafter: Provided 
further. That, prior to transferring funds to the Department for 
AVLIS activities pursuant to this section, the Chief Financial Officer 
of USEC shall submit to the Committees on Appropriations of 
the House of Representatives and Senate an itemized listing of 
the amounts of the reductions made pursuant to this section to 
fund the proposed transfer: Provided further. That, by November 
1, 1998, the Chief Financial Officer of USEC shall submit to the 
Committees on Appropriations of the House of Representatives and 
Senate an itemized listing of the amounts of the reductions made 
pursuant to this section for fiscal year 1998: Provided 
further. 
That the provisions in this section related to the transfer to and 
use by the Department of funds for AVLIS demonstration and 
development activities shall expire as of the privatization date 
for USEC, as defined in section 3102 of the USEC Privatization 
Act (42 U.S.C. 2297h), and the total amount obligated by the 
Department pursuant to this section for AVLIS demonstration and 
development activities shall not exceed $60,000,000. 
SEC. 510. (a) None of the funds appropriated or otherwise 
made available by this Act may be used to determine the final 
point of discharge for the interceptor drain for the San Luis Unit 
until development by the Secretary of the Interior and the State 
of California of a plan, which shall conform to the water quality 
standards of the State of California as approved by the Adminis-
trator of the Environmental Protection Agency, to minimize any 
detrimental effect of the San Luis drainage waters. 
(b) The costs of the Kesterson Reservoir Cleanup Program 
and the costs of the San Joaquin Valley Drainage Program shall 
be classified by the Secretary of the Interior as reimbursable or 
nonreimbursable and collected until fully repaid pursuant to the 
"Cleanup 
Program—^Alternative 
Repayment 
Plan" 
and 
the 
"SJVDP—^Alternative Repayment Plan" described in the report enti-
tled "Repayment Report, Kesterson Reservoir Cleanup Program 
and San Joaquin Valley Drainage Program, February 1995", pre-
pared by the Department of the Interior, Bureau of Reclamation. 
Any future obligations of funds by the United States relating to, 
or providing for, drainsige 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. 
PUBLIC LAW 105-62—OCT. 13, 1997 
111 STAT. 1341 
SEC. 
511. 
MAINTENANCE 
OF SECURITY AT THE GASEOUS Kentucky. 
DIFFUSION PLANTS.—Section 3107 of the USEC Privatization Act o^o-
(42 U.S.C. 2297h-5) is amended by adding at the end the following: 
"(h) MAINTENANCE OF SECURITY.— 
"(1) IN GENERAL.—^With respect to the Paducah Gaseous 
Diffusion Plant, Kentucky, and the Portsmouth Gaseous Diffu-
sion Pl£int, Ohio, the guidelines relating to the authority of 
the Department of Energy's contractors (including any Federal 
agency, or private entity operating a gaseous diffusion plant 
under a contract or lease with the Department of Energy) 
and any subcontractor (at any tier) to carry firearms and make 
arrests in providing security at Federal installations, issued 
under section 161k. of the Atomic Energy Act of 1954 (42 
U.S.C. 2201k.) shall require, at a minimum, the presence of 
an adequate number of security guards carrying sidearms at 
all times to ensure maintenance of security at the gaseous 
diffusion plants (whether a gaseous diffusion plant is operated 
directly by a Federal agency or by a private entity under 
a contract or lease with a Federal agency).". 
SEC. 512. None of the funds made available in this or any 
other Act may be used to restart the High Flux Beam Reactor. 
This Act may be cited as the "Energy and Water Development 
Appropriations Act, 1998". 
Approved October 13, 1997. 
LEGISLATIVE HISTORY—H.R. 2203 (S. 1004): 
HOUSE REPORTS: Nos. 105-90 (Comm. on Appropriations) and 105-271 (Comm. 
of Conference). 
SENATE REPORTS: No. 105-44 accompanying S. 1004 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 143 (1997): 
July 24, 25, considered and passed House. 
July 28, considered and passed Senate, amended, in lieu of S. 1004. 
Sept. 30, House and Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 33 (1997): 
Oct. 13, Presidential statement. 
Oct. 17, President's special message on line item veto. 
FEDERAL REGISTER, Vol. 62 (1997): 
Oct. 20, Cancellation of items pursuant to the Line Item Veto Act.