[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2203 Reported in House (RH)]






                                                 Union Calendar No. 116
105th CONGRESS
  1st Session
                                H. R. 2203

                          [Report No. 105-190]

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 21, 1997

    Mr. McDade, from the Committee on Appropriations, reported the 
following bill; which was committed to the Committee of the Whole House 
          on the State of the Union and ordered to be printed

_______________________________________________________________________

                                 A BILL


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

    Be it enacted by the Senate and House of 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, $157,260,000, to remain available until expended, of 
which funds are provided for the following projects in the amounts 
specified:
            Delaware Bay Coastline, Delaware and New Jersey, $656,000;
            Tampa Harbor, Alafia Channel, Florida, $270,000;
            Barnegat Inlet to Little Egg Harbor Inlet, New Jersey, 
        $400,000;
            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.

                         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), $1,475,892,000, to 
remain available until expended, of which such sums as are necessary 
pursuant to Public Law 99-662 shall be derived from the Inland 
Waterways Trust Fund, for one-half of the costs of construction and 
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:
            Norco Bluffs, California, $1,000,000;
            San Timoteo Creek (Santa Ana River Mainstem), California, 
        $5,000,000;
            Tybee Island, Georgia, $2,500,000;
            Indianapolis Central Waterfront, Indiana, $7,000,000;
            Indiana Shoreline Erosion, Indiana, $3,000,000;
            Lake George, Hobart, Indiana, $3,500,000;
            Ohio River Flood Protection, Indiana, $1,300,000;
            Harlan, Williamsburg, and Middlesboro, Kentucky, element of 
        the Levisa and Tug Forks of the Big Sandy River and Upper 
        Cumberland River, $27,890,000;
            Martin County, Kentucky, element of the Levisa and Tug 
        Forks of the Big Sandy River and Upper Cumberland River, 
        $5,500,000;
            Pike County, Kentucky, element of the Levisa and Tug Forks 
        of the Big Sandy River and Upper Cumberland River, $5,800,000;
            Salyersville, Kentucky, $2,050,000;
            Lake Pontchartrain and Vicinity (Hurricane Protection), 
        Louisiana, $22,920,000;
            Lake Pontchartrain (Jefferson Parish) Stormwater Discharge, 
        Louisiana, $2,379,000;
            Flint River, Michigan, $875,000;
            Jackson County, Mississippi, $3,000,000;
            Joseph G. Minish Passaic River Park, New Jersey, 
        $5,000,000;
            Hudson River, Athens, New York, $8,700,000;
            Lackawanna River, Olyphant, Pennsylvania, $1,400,000;
            Lackawanna River, Scranton, Pennsylvania, $5,425,000;
            Lycoming County, Pennsylvania, $339,000;
            South Central Pennsylvania Environment 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;
            Williamsport, Pennsylvania, $225,000;
            Wallisville Lake, Texas, $9,200,000;
            Virginia Beach, Virginia, $10,000,000;
            West Virginia and Pennsylvania Flood Control, West Virginia 
        and Pennsylvania, $3,000,000;
Provided, That the Secretary of the Army, acting through the Chief of 
Engineers, is directed to proceed with design 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 
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 in lieu thereof, ``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, Cape Fear River, 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.

 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), $285,450,000, to remain available until expended.

                   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, 
$1,726,955,000, 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; 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.

                           regulatory program

    For expenses necessary for administration of laws pertaining to 
regulation of navigable waters and wetlands, $112,000,000, to remain 
available until expended.

                 flood control and coastal emergencies

    For expenses necessary for emergency flood control, hurricane, and 
shore protection activities, as authorized by section 5 of the Flood 
Control Act approved August 18, 1941, as amended, $14,000,000, to 
remain available until expended.

            formerly utilized sites remedial action program

                     (including transfer of funds)

    For expenses necessary to administer and execute the Formerly 
Utilized Sites Remedial Action Program to clean up contaminated sites 
throughout the United States where work was performed as part of the 
Nation's early atomic energy program, $110,000,000, to remain available 
until expended: Provided, That funding obligated to an individual site 
in the Formerly Utilized Sites Remedial Action Program shall not exceed 
the amount obligated during fiscal year 1997 unless the following 
conditions are met: (1) there is a technical plan, schedule, and life-
cycle cost estimate for the work to be performed; (2) the remedy 
selected for the site has been developed to meet, but not exceed, the 
standard of cleanup required for reasonably anticipated future land use 
and ground water uses; (3) the remedy selected has incorporated 
separation or other technology where practicable to reduce the amount 
of material that is to be excavated, removed, transported, or disposed; 
(4) the contracting mechanism used for the cleanup of each site will be 
competitive fixed-price wherever possible, but as a minimum shall 
include performance-based incentives; and (5) the cleanup plan has been 
presented to the affected communities, and State and Federal officials, 
and has not received substantial disagreement: Provided further, That 
the unexpended balances of prior appropriations provided for these 
activities in this Act or any previous Energy and Water Development 
Appropriations Act may be transferred to and merged with this 
appropriation account, and thereafter, may be accounted for as one fund 
for the same time period as originally enacted.

                            general expenses

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

                       administrative provisions

    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.

                                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, 
$651,931,000, to remain available until expended, of which $12,758,000 
shall be available for transfer to the Upper Colorado River Basin Fund 
and $54,242,000 shall be available for transfer to the Lower Colorado 
River Basin Development Fund, and of which such amounts as may be 
necessary may be advanced to the Colorado River Dam Fund: Provided, 
That such 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 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.

               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 $30,000,000 (October 1992 price levels) on a three-year 
rolling average basis, as authorized by section 3407(d) of Public Law 
102-575.

               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, $120,000,000, 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.

                       policy and administration

    For necessary expenses of policy, administration, and related 
functions in the office of the Commissioner, the Denver office, and 
offices in the five regions of the Bureau of Reclamation, to remain 
available until expended, $47,658,000, to be derived from the 
Reclamation Fund 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, 
$880,730,000.

                  non-defense environmental management

    For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and other 
expenses necessary for non-defense environmental management activities 
in carrying out the purposes of the Department of Energy Organization 
Act (42 U.S.C. 1701, et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction or expansion, $497,619,000, to 
remain available until expended.

      uranium enrichment decontamination and decommissioning fund

    For necessary expenses in carrying out uranium 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 $37,000,000 of amounts derived from the Fund for such expenses 
shall be available in accordance with title X, subtitle A, of the 
Energy Policy Act of 1992.

                                science

    For expenses of the Department of Energy activities including the 
purchase, construction and acquisition of plant and capital equipment 
and other expenses necessary for science activities in carrying out the 
purposes of the Department of Energy Organization Act (42 U.S.C. 7101, 
et seq.), including the acquisition or condemnation of any real 
property or facility or for plant or facility acquisition, 
construction, or expansion, and purchase of 15 passenger motor vehicles 
for replacement only, $2,207,632,000, to 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: 
Provided, That none of the funds provided herein shall be distributed 
to the State of Nevada or affected units of local government (as 
defined by Public Law 97-425) by direct payment, grant, or other means, 
for financial assistance under section 116 of the Nuclear Waste Policy 
Act of 1982, as amended: Provided further, That the foregoing proviso 
shall not apply to payments in lieu of taxes under section 116(c)(3)(A) 
of the Nuclear Waste Policy Act of 1982, as amended.

                      departmental administration

    For salaries and expenses of the Department of 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), $214,723,000, 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 
$83,393,000.

                    office of the inspector general

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

                    Atomic Energy Defense Activities

                           weapons activities

    For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and other 
incidental expenses necessary for atomic energy defense weapons 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101, et seq.), including the acquisition 
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), 
$3,943,442,000.

         defense environmental restoration and waste management

    For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and other 
expenses necessary for atomic energy defense environmental restoration 
and waste management activities in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101, et seq.), 
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), $5,263,270,000.

                        other defense activities

    For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and other 
expenses necessary for atomic energy defense, other defense activities, 
in carrying out the 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), 
$1,580,504,000.

                     defense nuclear waste disposal

    For nuclear waste disposal activities to carry out the purposes of 
Public Law 97-425, as amended, including the acquisition of real 
property or facility construction or expansion, $190,000,000.

                    Power Marketing Administrations

         operation and maintenance, alaska power administration

    For necessary expenses of operation and maintenance of projects in 
Alaska and of marketing electric power and energy, $1,000,000, to 
remain available until expended.

                  bonneville power administration fund

    Expenditures from the Bonneville Power 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

    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, 
$5,432,000 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.

           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.

                          DEPARTMENT OF ENERGY

                           General Provisions

    Sec. 301. None of the funds appropriated by this Act or any prior 
appropriations Act may be used to award a management and operating 
contract unless such contract is awarded using competitive procedures. 
The preceding sentence does not apply to a management and operating 
contract for research and development activities performed at a 
federally funded research and development center.
    Sec. 302. (a) None of the funds appropriated by this Act or any 
prior appropriations Act may be used to award, amend, or modify a 
contract in a manner that deviates from the Federal Acquisition 
Regulation, unless the 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 award, amend, or modify any contract 
for support services unless a cost comparison conducted under the 
procedures and requirements of Office of Management and Budget Circular 
A-76 shows that the cost of performing the support services by 
contractor personnel is lower than the cost of performing such services 
by Department of Energy personnel.
    Sec. 304. None of the funds appropriated by this Act or any prior 
appropriations Act may be used to make payments under a management and 
operating contract for providing products or services for use by 
Department of Energy employees.
    Sec. 305. None of the funds appropriated by this Act or any prior 
appropriations Act may be used to--
            (1) develop or implement a workforce 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 of Fiscal 
Year 1993 (Public Law 102-484; 106 Stat. 2644; 42 U.S.C. 7274h).
    Sec. 306. None of the funds appropriated by this Act or any prior 
appropriations Act may be used to augment the $56,000,000 made 
available for obligation by this Act for severance payments and other 
benefits and community assistance grants under section 3161 of the 
National Defense Authorization Act for Fiscal Year 1993 (Public Law 
102-484; 106 Stat. 2644; 42 U.S.C. 7274h).
    Sec. 307. None of the funds appropriated by this Act to initiate 
new construction projects in fiscal year 1998 by the Department of 
Energy may be obligated for such a construction project until the 
Secretary of the Army, acting through the Chief of Engineers--
            (1) performs an independent assessment of the cost, scope, 
        and schedule of the construction project and validates the 
        accuracy of the Department of Energy's estimates for the cost, 
        scope, and schedule for the project; and
            (2) submits to the Subcommittees on Energy and Water 
        Development of the Committees on Appropriations of the House of 
        Representatives and the Senate a report on such assessment.
    Sec. 308. None of the funds appropriated by this Act or any prior 
appropriations Act may be used to prepare or initiate requests for 
proposals for a program if the program has not been funded by Congress.
    Sec. 309. None of the funds appropriated by this Act (including 
funds appropriated for salaries of employees of the Department of 
Energy) may be used in any way, directly or indirectly, to influence 
congressional action on any legislation or appropriation matters 
pending before Congress.

                   (transfers of unexpended balances)

    Sec. 310. 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, $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, $16,000,000, to 
remain available until expended.

                     Nuclear Regulatory Commission

                         salaries and expenses

                     (including transfer of funds)

    For necessary expenses of the Commission in 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, 
$462,700,000, to remain available until expended: Provided, That of the 
amount appropriated herein, $13,000,000 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 $446,700,000 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 $16,000,000.

                      Office of Inspector General

                     (including transfer of funds)

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, including services 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, $2,400,000, to be 
derived from the Nuclear Waste Fund, and to remain available until 
expended.

                       Tennessee Valley Authority

    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 1998 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: Provided further, That the 
savings from, and revenue adjustments to, the TVA budget in fiscal year 
1998 and thereafter shall be sufficient to fund the aforementioned 
stewardship 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 within thirty days of 
enactment of this Act, the Chairman of the TVA shall submit to the 
Committees on Appropriations of the House of Representatives and Senate 
an itemized listing of the amounts of the proposed reductions and 
increased receipts to be made pursuant to this paragraph in fiscal year 
1998: Provided further, That by November 1, 1999, the Chairman of the 
TVA shall submit to the Committees on Appropriations of the House and 
Senate an itemized listing of the amounts of the reductions or 
increased receipts made pursuant to this paragraph for fiscal year 
1998.

                                TITLE V

                           GENERAL PROVISIONS

    Sec. 501. (a) Purchase of American-Made Equipment and Products.--It 
is the sense of the 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.
    This Act may be cited as the ``Energy and Water Development 
Appropriations Act, 1998''.
                                                 Union Calendar No. 116

105th CONGRESS

  1st Session

                               H. R. 2203

                          [Report No. 105-190]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             July 21, 1997

    Reported from the Committee on Appropriations, committed to the 
 Committee of the Whole House on the State of the Union and ordered to 
                               be printed