[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2203 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                         July 28, 1997.
      Resolved, That the bill from the House of Representatives (H.R. 
2203) entitled ``An Act making appropriations for energy and water 
development for the fiscal year ending September 30, 1998, and for 
other purposes.'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 1998, for energy and water development, and for other 
purposes, namely:

                                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, 
miscellaneous investigations, and, when authorized by laws, surveys and 
detailed studies and plans and specifications of projects prior to 
construction, $164,065,000, to remain available until expended, of 
which funds are provided for the following projects in the amounts 
specified:
            Norco Bluffs, California, $200,000;
            Laulaulei, Hawaii, $200,000;
            Tahoe Basin Study, Nevada and California, $320,000; and
            Barnegat Inlet to Little Egg Harbor Inlet, New Jersey, 
        $400,000: Provided, That the Secretary of the Army, acting 
        through the Chief of Engineers, may use $200,000 of funding 
        appropriated herein to initiate preconstruction engineering and 
        design for the Delaware Coast from Cape Henlopen to Fenwick 
        Island, Delaware project.

                         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 construction), $1,284,266,000, 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, Mississippi River, Iowa, Lock and Dam 24, 
Mississippi River, Illinois and Missouri, and Lock and Dam 3, 
Mississippi River, Minnesota, projects, and of which funds are provided 
for the following projects in the amounts specified:
            Arkansas River, Tucker Creek, Arkansas, $300,000;
            Red River Emergency Bank Protection, Arkansas, $3,500,000;
            Panama City Beaches, Florida, $5,000,000;
            Harlan (Levisa and Tug Forks of the Big Sandy River and 
        Upper Cumberland River), Kentucky, $18,000,000;
            Martin County (Levisa and Tug Forks of the Big Sandy River 
        and Upper Cumberland River), Kentucky, $5,500,000;
            Middlesboro (Levisa and Tug Forks of the Big Sandy River 
        and Upper Cumberland River), Kentucky, $7,200,000;
            Pike County (Levisa and Tug Forks of the Big Sandy River 
        and Upper Cumberland River), Kentucky, $5,800,000;
            Town of Martin (Levisa and Tug Forks of the Big Sandy River 
        and Upper Cumberland River), Kentucky, $700,000;
            Williamsburg (Levisa and Tug Forks of the Big Sandy River 
        and Upper Cumberland River), Kentucky, $4,690,000;
            Lake Ponchartrain Stormwater Discharge, Louisiana, 
        $3,000,000;
            Natchez Bluff, Mississippi, $4,000,000;
            Jackson County, Mississippi (Water Supply), $3,000,000;
            Pearl River, Mississippi (Walkiah Bluff), $2,000,000;
            Wallisville Lake, Texas, $10,000,000;
            Virginia Beach, Virginia (Reimbursement), $925,000;
            Virginia Beach, Virginia (Hurricane Protection), 
        $15,000,000;
            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, 
        $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
            Wayne County (Levisa and Tug Forks of the Big Sandy River 
        and Upper Cumberland River), West Virginia, $1,200,000:
Provided further, That the Secretary of the Army is directed to design 
and implement at full Federal expense an early flood warning system for 
the Tug Fork and Levisa Basins, West Virginia and Kentucky, within 
eighteen months of the date of enactment of this Act: Provided further, 
That the Secretary of the Army, acting through the Chief of Engineers, 
is directed to combine the Wilmington Harbor-Northeast Cape Fear River 
authorized by the Water Resource Development Act of 1986, section 
202(a), the Wilmington Harbor Channel Widening authorized by the Water 
Resources Development Act of 1986, section 101(a)(23), and the Cape 
Fear-Northeast (Cape Fear) River authorized by the Water Resource 
Development Act of 1996, section 101(a)(22), North Carolina projects 
into one project with one project cooperation agreement based on cost 
sharing as a single project and that with $2,430,000 of the funds 
appropriated herein, is directed to continue design and initiate 
construction of the combined project: Provided further, That the 
Secretary of the Army, acting through the Chief of Engineers, is 
directed to use $15,000,000 of the funds appropriated herein to 
initiate construction of the Houston-Galveston Navigation Channels, 
Texas, project and execute a Project Cooperation Agreement for the 
entire project authorized in the Water Resources Development Act of 
1996, Public law 104-303: Provided further, That the Assistant 
Secretary of the Army for Civil Works shall consider the 
recommendations of the Special Reevaluation Report for the McCook 
Reservoir as developed by the Corps of Engineers Chicago District: 
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 
Control 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 justification for the emergency 
outlet shall be prepared in accordance with the principles and 
guidelines for economic evaluation as 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 available 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.

 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-1), $289,000,000, 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 previously appropriated to 
complete remedial measures to prevent slope instability at Hickman 
Bluff, Kentucky.

                   operation and maintenance, general

    For expenses necessary for the preservation, operation, 
maintenance, and care of existing river and harbor, flood control, and 
related works, including such sums as may be necessary for the 
maintenance of harbor channels provided by a State, municipality or 
other public agency, outside of harbor lines, and serving essential 
needs of general commerce and navigation; surveys and charting of 
northern and northwestern lakes and connecting waters; clearing and 
straightening channels; and removal of obstructions to navigation, 
$1,661,203,000, 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. 460l), 
may be derived from that fund for construction, operation, and 
maintenance of outdoor recreation facilities, and of which funds are 
provided for the following projects in the amounts specified:
            Beverly Shores, Indiana, $1,700,000:
Provided, 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 navigational 
channel in the Chena River at Fairbanks, Alaska from its confluence 
with the Tanana River upstream to the University Road Bridge that will 
allow the safe passage during normal water levels of vessels up to 350 
feet in length, 60 feet in width, and drafting up to 3 feet.

                           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, $10,000,000, to 
remain available until expended: Provided, That, using funds 
appropriated in this Act, the Secretary of the Army may construct the 
Ten and Fifteen Mile Bayou channel enlargement as an integral part of 
the work accomplished on the St. Francis Basis, Arkansas and Missouri 
Project, authorized by the Flood Control Act of 1950.

                            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 Engineering 
Strategic Studies Center, the Water Resources Support Center, 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 104-46, $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.

                        administrative provision

    Appropriations in this title shall be available for official 
reception 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. (a) In fiscal year 1998, the Secretary of the Army shall 
advertise for competitive bid at least 8,500,000 cubic yards of the 
hopper dredge volume accomplished with government owned dredges in 
fiscal year 1992.
    (b) Notwithstanding the provisions of this section, the Secretary 
is authorized to use the dredge fleet of the Corps of Engineers to 
undertake projects when industry does not perform as required by the 
contract specifications or when the bids are more than 25 percent in 
excess of what the Secretary determines to be a fair and reasonable 
estimated cost of a well equipped contractor doing the work or to 
respond to emergency requirements.
    Sec. 102. In fiscal year 1998 and thereafter, the Secretary of the 
Army is authorized and directed to provide planning, design and 
construction assistance to non-Federal interests in carrying out water 
related environmental infrastructure and environmental resources 
development projects, including assistance for wastewater treatment and 
related facilities; water supply, storage, treatment and distribution 
facilities; and development, restoration or improvement 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 dredging and constructing the project: Provided 
further, That hereafter the Federal share of the costs of each of the 
individual projects undertaken shall not exceed $5,000,000: Provided 
further, That utilizing $10,000,000 of the funds appropriated herein, 
the Secretary is directed to carry out this section.
    Sec. 103. Green Brook Sub-Basin Flood Control Project, New 
Jersey.--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 carry out 
any plan for, or otherwise 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).
    Sec. 104. Great Lakes Basin.--No funds made available under this 
Act may be used by the Secretary of the Army to consider any 
application for a permit that, if granted, would result in the 
diversion of ground water from the Great Lakes Basin.

                                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, Public Law 102-575 (106 Stat. 4605), and for activities 
related to the Uintah and Upalco Units authorized by 43 U.S.C. 620, 
$40,353,000, to remain available until expended, of which $16,610,000 
shall be deposited into the Utah 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 Central Utah Project 
Completion Act and $11,610,000 shall be available to the Utah 
Reclamation Mitigation and Conservation Commission to carry out 
activities authorized under that Act.
    In addition, for necessary expenses incurred in carrying out 
responsibilities of the Secretary of the Interior under that Act, 
$800,000, to remain available until expended.

                         Bureau of Reclamation

    For carrying 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 thereto) 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, to remain 
available until expended, $688,379,000, of which $18,758,000 shall be 
available for transfer to the Upper Colorado River Basin Fund and 
$55,920,000 shall be available for transfer to the Lower Colorado River 
Basin Development Fund, and of which such amounts as may be necessary 
may be advanced to the Colorado River Dam Fund: Provided, That such 
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. 460l-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 using $500,000 of funds appropriated herein, the Secretary 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 nonreimbursable basis: 
Provided further, That section 10 of Public Law 89-108 as amended by 
section 8 of Public Law 99-294 and section 1701(b) of Public Law 102-
575, is further amended by striking ``$61,000,000'' and inserting in 
lieu thereof ``$62,300,000'': Provided further, That the unexpended 
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 $80,000 of funding 
appropriated herein to complete the feasibility study of alternatives 
for meeting the drinking water needs on the Cheyenne River Sioux 
Reservation and surrounding communities in South Dakota: 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: Provided further, That 
the Secretary of the Interior may use $300,000 of funding appropriated 
herein to undertake feasibility planning studies and other activities 
for the Ute Reservoir Pipeline (Quay County portion), New Mexico 
project: Provided further, That the Secretary of the Interior may use 
$185,000 of the funding appropriated herein for a feasibility study of 
alternatives for the Crow Creek Rural Water Supply System to meet the 
drinking water needs on the Crow Creek Sioux Indian Reservation.

               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 Reclamation 
Projects Act of August 6, 1956, as amended (43 U.S.C. 422a-422l): 
Provided, That such costs, including the cost of modifying such loans, 
shall be as defined in section 502 of the Congressional Budget Act of 
1974: Provided further, That these funds are available to subsidize 
gross obligations for the principal amount of direct loans not to 
exceed $31,000,000.
    In addition, for administrative expenses necessary to carry out the 
program for direct loans and/or grants, to remain available until 
expended, $425,000: Provided, That of the total sums appropriated, the 
amount of program activities that can be financed by the Reclamation 
Fund shall be derived from that Fund.

               california bay-delta ecosystem restoration

    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, $50,000,000, to remain available until expended, 
of which such amounts as may be necessary to conform with such plans 
shall be transferred to appropriate accounts of such Federal agencies: 
Provided, That such funds may be obligated only as non-Federal sources 
provide their share in accordance with the cost-sharing agreement 
required under section 102(d) of such Act: Provided further, That such 
funds may be obligated prior to the completion of a final programmatic 
environmental impact statement only if (1) consistent with 40 C.F.R. 
1506.1(c), and (2) used for purposes that the Secretary finds are of 
sufficiently high priority to warrant such an expenditure.

                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, such sums as may be collected in the 
Central Valley Project Restoration Fund pursuant to sections 3407(d), 
3404(c)(3), 3405(f), and 3406(c)(1) of Public Law 102-575, to remain 
available until expended: Provided, That the Bureau of Reclamation is 
directed to levy additional mitigation and restoration payments 
totaling $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.

                       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, $47,558,000, 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.

                             special funds

                          (transfer of funds)

    Sums herein referred to as being derived from the reclamation fund 
or special fee account are appropriated from the special funds in the 
Treasury created by the Act of June 17, 1902 (43 U.S.C. 391) or the Act 
of December 22, 1987 (16 U.S.C. 460l-6a, as amended), respectively. 
Such sums shall be transferred, upon request of the Secretary, to be 
merged with and expended under the heads herein specified.

                        administrative provision

    Appropriations for the Bureau of Reclamation shall be available for 
purchase of not to exceed 6 passenger motor vehicles for replacement 
only.

                               TITLE III

                          DEPARTMENT OF ENERGY

                          Non-Defense Programs

                            energy research

    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 research 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; purchase of passenger motor vehicles (not 
to exceed 13 for replacement only), $953,915,000, to remain available 
until expended; and, in addition, $13,025,000 for energy assets 
acquisition, to remain available until expended: Provided, That 
$1,500,000 of the funds appropriated herein may be used to continue the 
cost-shared, fish-friendly turbine program.

                        environmental management

                              (nondefense)

    For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and other 
expenses necessary for nondefense environmental 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, $664,684,000, to 
remain available until expended: Provided, That from funds available 
herein, the Department of Energy will assess the cost of 
decommissioning the Southwest Experimental Fast Oxide Reactor site.

      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, $230,000,000, to be 
derived from the Fund, to remain available until expended.

                      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 cannister design; and of which 
not to exceed $1,500,000 may be provided to the State of Nevada, solely 
to conduct scientific oversight responsibilities pursuant to the 
Nuclear Waste Policy Act of 1982, (Public Law 97-425), as amended; and 
of which not to exceed $6,175,000 may be provided to affected local 
governments, as defined in Public Law 97-425, to conduct appropriate 
activities pursuant to the Act: Provided further, 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 State and units of local government by direct 
payment: Provided further, That within ninety days of the completion of 
each Federal fiscal year, each State or 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 certification 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.

                                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 general science and research 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101, et seq.), including the acquisition 
or condemnation of any real property or facility or for plant or 
facility acquisition, construction, or expansion; and the purchase of 5 
passenger motor vehicles for replacement only, $2,084,567,000, to 
remain available until expended; and, in addition, $138,510,000 science 
assets acquisition, to remain available until expended.

                      departmental administration

    For salaries and expenses of the Department of Energy necessary 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), $220,847,000, to 
remain available until expended, plus such additional 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 
$131,330,000 in fiscal year 1998 may be retained and used for operating 
expenses within this account, and may remain available until expended, 
as authorized by section 201 of Public Law 95-238, notwithstanding the 
provisions of 31 U.S.C. 3302: Provided further, That the sum herein 
appropriated shall be reduced by the amount of miscellaneous revenues 
received during fiscal year 1998 so as to result in a final fiscal year 
1998 appropriation from the General Fund estimated at not more than 
$89,517,000.

                    office of the inspector general

    For necessary expenses of the Office of the Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $27,500,000, to remain available until expended.

                    atomic energy defense activities

                           weapons activities

    For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and other 
expenses necessary for atomic energy defense weapons activities in 
carrying out the purposes of the Department of Energy Organization Act 
(42 U.S.C. 7101, et seq.), including the acquisition 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), $4,302,450,000, to 
remain available until expended, of which $2,000,000 is provided for 
improvements to Greenville Road in Livermore, California: 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 
6 for replacement only), $5,311,974,000, to remain available until 
expended, of which $65,000,000 shall be available only for ``Closure 
Projects'' to accelerate closure of specific facilities and thereby 
significantly reduce outyear costs; and, in addition, $343,000,000 for 
privatization projects, 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, and the purchase of 
passenger motor vehicles (not to exceed 2 for replacement only), 
$1,637,981,000, 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 and of marketing electric power and energy, $3,500,000, to 
remain available until expended; and, in addition, $20,000,000 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 for 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 addition, 
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, and 
for construction and acquisition of transmission lines, substations 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, $26,500,000, to remain available until expended; in 
addition, notwithstanding the provisions 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, including the replacement of not more 
than 2 helicopters through transfers, exchange, or sale, and official 
reception and representation expenses in an amount not to exceed 
$1,500, $180,334,000, to remain available until expended, of which 
$174,935,000 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 Account pursuant to title IV of the Reclamation Projects 
Authorization and Adjustment Act of 1992: Provided further, That the 
Secretary of the Treasury is authorized to transfer from the Colorado 
River Dam Fund to the Western Area Power Administration $5,592,000 to 
carry 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 
hydroelectric facilities at the Falcon and Amistad Dams, $1,065,000, to 
remain available until expended, and to be derived from the Falcon and 
Amistad Operating and Maintenance Fund 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 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), 
$162,141,000, to remain available until expended: Provided, That 
notwithstanding any other provision of law, not to exceed $162,141,000 
of revenues from fees and annual charges, and other services and 
collections in fiscal year 1998 shall be retained and used for 
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 1998 so as to result in a final fiscal year 1998 appropriation 
from the General Fund estimated at not more than $0.

                                TITLE IV

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

    For expenses necessary to carry out the programs authorized 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, $160,000,000, 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, $17,500,000, to 
remain available until expended.

                     Nuclear Regulatory Commission

                         salaries and expenses

                     (including transfer of funds)

    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 the employment of 
aliens; services authorized by 5 U.S.C. 3109; publication and 
dissemination of atomic information; purchase, repair, and cleaning of 
uniforms; official representation expenses (not to exceed $20,000); 
reimbursements to the General Services Administration for security 
guard services; hire of passenger motor vehicles and aircraft, 
$476,500,000, 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 from this appropriation, 
transfer of sums may be made to other agencies of the Government for 
the performance of the work for which this appropriation is made, and 
in such cases the sums so transferred may be merged with the 
appropriation to which transferred: Provided further, That moneys 
received by the Commission for the cooperative nuclear safety research 
program, services rendered to State governments, foreign governments 
and international organizations, and the material and information 
access authorization programs, including criminal history checks under 
section 149 of the Atomic Energy Act may be retained and used for 
salaries and expenses associated with those activities, notwithstanding 
31 U.S.C. 3302, and shall remain available until expended: Provided 
further, That revenues from licensing fees, inspection services, and 
other services and collections estimated at $457,500,000 in fiscal year 
1998 shall be retained and used for necessary salaries and expenses in 
this account, notwithstanding 31 U.S.C. 3302, and shall remain 
available until expended: Provided further, That 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 fiscal year 1998 from licensing 
fees, inspection services and other services and collections, excluding 
those moneys received for the cooperative nuclear safety research 
program, 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 
1997 appropriation estimated at not more than $19,000,000.

                      Office of Inspector General

                     (including transfer of funds)

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, including services 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: Provided, That notice of such 
transfers shall be given to the Committees on Appropriations of the 
House and Senate: Provided further, That from this appropriation, 
transfers of sums may be made to other agencies of the Government for 
the performance of the work for which this appropriation is made, and 
in such cases the sums so transferred may be merged with the 
appropriation to which transferred: Provided further, That revenues 
from licensing fees, inspection services, and other services and 
collections shall be retained and used for necessary salaries and 
expenses in this account, notwithstanding 31 U.S.C. 3302, and shall 
remain available until expended: Provided further, That the sum herein 
appropriated shall be reduced by the amount of revenues received during 
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, $3,200,000, to be 
derived from the Nuclear Waste Fund, and to remain available until 
expended.

                       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, $86,000,000, to remain available until 
expended:

                                TITLE V

                           GENERAL PROVISIONS

    Sec. 501. (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 Labeling Products 
as Made in America.--If it has been finally determined by a court or 
Federal agency that any person intentionally affixed a label 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 debarment, suspension, and ineligibility 
procedures described in sections 9.400 through 9.409 of title 48, Code 
of Federal Regulations.
    Sec. 502. Section 1621 of title XVI of the Reclamation Wastewater 
and Groundwater Act, Public Law 104-266, is amended by--
            (1) striking ``Study'' in the section title, and inserting 
        ``Project'';
            (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. 503. Section 1208(a)(2) of the Yavapai-Prescott Indian Treaty 
Settlement Act of 1994 (Public Law 103-434) is amended by striking 
``$4,000,000 for construction'' and inserting in lieu thereof 
``$13,000,000, at 1997 prices, for construction plus or minus such 
amounts as may be justified by reason of ordinary fluctuations of 
applicable cost indexes''.
    Sec. 504. (a) The State of West Virginia shall receive credit 
towards its required contribution under Contract No. DACW59-C-0071 for 
the cost of recreational facilities 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 
amount owed by the State under 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 agreement 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. 505. (a) In General.--For fiscal year 1998 and each fiscal 
year thereafter, appropriations, made for the Bureau of Reclamation may 
be used by the Secretaries of the Interior for the purpose of entering 
into cooperative agreements with willing private landowners for 
restoration and enhancement of fish, wildlife, and other resources on 
public or private land or both that benefit the water and lands within 
a watershed that contains a Bureau of Reclamation project.
    (b) Direct and Indirect Watershed Agreements.--The Secretary of the 
Interior may enter into a watershed restoration and enhancement 
agreement--
            (1) directly with a willing private landowner, or
            (2) indirectly through an agreement with a State, local, or 
        tribal government or other public entity, educational 
        institution, or private nonprofit organization.
    (c) Terms and Conditions.--In order for the Secretary to enter into 
a watershed restoration and enhancement agreement--
            (1) the agreement shall--
                    (A) include such terms and conditions mutually 
                agreed to by the Secretary and the landowner;
                    (B) improve the viability of and otherwise benefit 
                the fish, wildlife, and other resources on, in the 
                watershed;
                    (C) authorize the provision of technical assistance 
                by the Secretary in the planning of activities that 
                will further the purposes of the agreement;
                    (D) provide for the sharing of costs of 
                implementing the agreement among the Federal 
                Government, the landowner, and other entities, as 
                mutually agreed on by the affected interests; and
                    (E) ensure that any expenditures by the Secretary 
                pursuant to the agreement is determined by the 
                Secretary to be in the public interest; and
            (2) the Secretary may require such other terms and 
        conditions as are necessary to protect the public investment on 
        private lands: Provided, That such terms and conditions are 
        mutually agreed to by the Secretary and the landowner.
    This Act may be cited as the ``Energy and Water Development 
Appropriations Act, 1998''.

            Attest:

                                                             Secretary.
105th CONGRESS

  1st Session

                               H. R. 2203

_______________________________________________________________________

                               AMENDMENT

HR 2203 EAS----2
HR 2203 EAS----3
HR 2203 EAS----4
HR 2203 EAS----5