[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2203 Enrolled Bill (ENR)]

        H.R.2203

                       One Hundred Fifth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
 the seventh day of January, one thousand nine hundred and ninety-seven


                                 An Act


 
 Making appropriations for energy and water development for the fiscal 
         year ending September 30, 1998, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the fiscal year ending September 30, 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, $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;
        Barnegat 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;
        Lower Cape May Meadows--Cape May Point, New Jersey, $154,000;
        Manasquan Inlet to Barnegat 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 Public Law 104-
303 (110 Stat. 3684) and to reimburse the non-Federal sponsor a portion 
of the Federal share of project costs for the project for flood 
control, White Oak Bayou watershed, Texas.


                          Construction, General

    For the prosecution of river and harbor, flood control, shore 
protection, and related projects authorized by laws; and detailed 
studies, and plans and specifications, of projects (including those for 
development with participation or under consideration for participation 
by States, local governments, or private groups) authorized or made 
eligible for selection by law (but such studies shall not constitute a 
commitment of the Government to construction), $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, 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;
        Norco Bluffs, California, $1,000,000;
        San 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;
        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
        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 continuing 
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 economic analysis for the 
Albright Street section of the project, and to cost-share and implement 
these combined sections as a single project with no separable elements, 
except that each section may be undertaken individually when the non-
Federal sponsor provides the applicable local cooperation requirements: 
Provided further, That section 114 of Public Law 101-101, the Energy 
and Water Development Appropriations Act, 1990, is amended by striking 
``total cost of $19,600,000'' and inserting ``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 Development 
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 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 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: 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 section 211(f)(6) 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-1), $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 previously 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 channel 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 
cost, so that the City of Sardis, Mississippi, may proceed with its 
development of the valuable resources of Sardis Lake in Mississippi, 
consistent with language 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 development as provided in the Sardis Lake Recreation 
and Tourism Master Plan, Phase II.


                    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, 
$1,740,025,000, 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. 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:
        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, That 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 maintenance 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 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: 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 Kittanning, Pennsylvania, Riverfront Park: Provided 
further, That the Secretary of the Army, acting through the Chief of 
Engineers, is directed to use $2,500,000 of the funds provided 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 Appropriations Act may be 
transferred to and merged with this appropriation account, and 
thereafter, may be accounted for as one fund for the same time period 
as originally enacted.


                             General Expenses

    For expenses necessary for general administration and related 
functions in the Office of the Chief of Engineers and offices of the 
Division Engineers; activities of the Coastal Engineering Research 
Board, the Humphreys Engineer Center Support Activity, the 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.


                         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. In fiscal year 1998, 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 in Alaska, 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 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 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 
related responsibilities of the Secretary of the Interior, $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, 
$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 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 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 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 non-reimbursable 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 99-294 and section 1701(b) 
of Public Law 102-575, is increased by $1,300,000 (October 1997 
prices): 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 $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 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, $425,000, to remain available 
until expended: 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.


                 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 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 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 CFR 
1506.1(c); and (2) used for purposes that the Secretary finds are of 
sufficiently high priority to warrant such an expenditure.


                        policy and administration

    For necessary expenses of policy, administration, and related 
functions in the office of the Commissioner, the Denver office, and 
offices in the five regions of the Bureau of Reclamation, to remain 
available until expended, $47,558,000, 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 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, 
$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 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, $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.


                                 science

    For expenses of the Department of Energy activities including the 
purchase, construction and acquisition of plant and capital equipment 
and other expenses necessary for science activities in carrying out the 
purposes of the Department of Energy Organization Act (42 U.S.C. 7101 
et seq.), including the acquisition or condemnation of any real 
property or facility or for plant or facility acquisition, 
construction, or expansion, and purchase of 15 passenger motor vehicles 
for replacement only, $2,235,708,000, 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 distribution of the funds to 
the units of local government shall be determined by the Department of 
Energy: Provided further, That the funds shall be made available to the 
units of local government by direct payment: 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 
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: 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 payments in lieu of taxes under section 116(c)(3)(A) of the 
Nuclear Waste Policy Act of 1982, as amended.


                       Departmental Administration

    For salaries and expenses of the Department of 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), $218,747,000, to 
remain available until expended: Provided, 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 
$87,417,000.


                     Office of the Inspector General

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

                    Atomic Energy Defense Activities


                            Weapons Activities

    For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and other 
incidental expenses necessary for atomic energy defense weapons 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition 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 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), $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 environmental 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.


                         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 and 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 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, $25,210,000, 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 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 until expended, of which 
$182,806,000 shall be derived from the Department of the Interior 
Reclamation Fund: Provided, That of the amount herein appropriated, 
$5,592,000 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, $970,000, to 
remain available until expended, and to be derived from the Falcon and 
Amistad Operating and Maintenance Fund of the Western Area Power 
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.

                           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, 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, 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 payments and other 
benefits and community assistance grants under section 3161 of the 
National Defense Authorization Act for Fiscal Year 1993 (Public Law 
102-484; 106 Stat. 2644; 42 U.S.C. 7274h).
    Sec. 305. None of the funds appropriated by this Act or any prior 
appropriations Act may be used to prepare or initiate Requests For 
Proposals (RFPs) for a program if the program has not been funded by 
Congress.


                    (transfers of unexpended balances)

    Sec. 306. The unexpended balances of prior appropriations provided 
for activities in this Act may be transferred to appropriation accounts 
for such activities established pursuant to this title. Balances so 
transferred may be merged with funds in the applicable established 
accounts and thereafter may be accounted for as one fund for the same 
time period as originally enacted.

                                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, $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 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, 
$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 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 $450,000,000 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 $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 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 
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 
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 of Representatives 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, $2,600,000, 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, $70,000,000, to remain available until 
expended, of which $6,900,000 shall be available for operation, 
maintenance, surveillance, and improvement of Land Between the Lakes; 
and for essential stewardship activities for which appropriations were 
provided to the Tennessee Valley Authority 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 
memberships 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 paragraph, 
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 savings from, and 
revenue adjustments to, the TVA budget in fiscal year 1999 and 
thereafter shall be sufficient to fund the aforementioned 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 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. 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 Colorado 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 (Public 
Law 100-585).
    Sec. 506. 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 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(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 ``$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. 508. (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. 509. Amounts to be transferred to the Department of Energy by 
the United States Enrichment Corporation (USEC) 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 shall 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 Administrator 
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 entitled ``Repayment Report, Kesterson 
Reservoir Cleanup Program and San Joaquin Valley Drainage Program, 
February 1995'', prepared by the Department of the Interior, Bureau of 
Reclamation. Any future obligations of funds by the United States 
relating to, or providing for, drainage service or drainage studies for 
the San Luis Unit shall be fully reimbursable by San Luis Unit 
beneficiaries of such service or studies pursuant to Federal 
Reclamation law.
    Sec. 511. Maintenance of Security at the Gaseous Diffusion 
Plants.--Section 3107 of the USEC Privatization Act (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 Diffusion 
    Plant, 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''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.