[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4060 Reported in House (RH)]




                                                       Calendar No. 327
105th CONGRESS
  2d Session
                                H. R. 4060

                          [Report No. 105-581]

 Making appropriations for energy and water development for the fiscal 
        year ending September 30, 1999, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 16, 1998

    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, 1999, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the fiscal year ending September 30, 1999, for energy 
and water development, and for other purposes, namely:

                                TITLE I

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

    The following appropriations shall be expended under the 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, $162,823,000, 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, $570,000;
            Tampa Harbor, Alafia Channel, Florida, $200,000;
            Barnegat Inlet to Little Egg Harbor Inlet, New Jersey, 
        $322,000;
            Brigantine Inlet to Great Egg Harbor Inlet, New Jersey, 
        $313,000;
            Great Egg Harbor Inlet to Townsends Inlet, New Jersey, 
        $300,000;
            Lower Cape May Meadows--Cape May Point, New Jersey, 
        $100,000;
            Manasquan Inlet to Barnegat Inlet, New Jersey, $400,000;
            Raritan Bay to Sandy Hook Bay, New Jersey, $1,100,000;
            Townsends Inlet to Cape May Inlet, New Jersey, $500,000: 
        Provided, That the Secretary of the Army, acting through the 
        Chief of Engineers, is directed to use $700,000 of the funds 
        appropriated in Public Law 102-377 for the Red River Waterway, 
        Shreveport, Louisiana, to Daingerfield, Texas, project for the 
        feasibility phase of the Red River Navigation, Southwest 
        Arkansas, study: Provided further, That the Secretary of the 
        Army is directed to use $500,000 of the funds appropriated 
        herein to implement section 211(f)(7) of Public Law 104-303 
        (110 Stat. 3684) and to reimburse the non-Federal sponsor a 
        portion of the Federal share of project costs for the Hunting 
        Bayou element of the project for flood control, Buffalo Bayou 
        and tributaries, Texas: Provided further, That the Secretary of 
        the Army is directed to use $300,000 of the funds appropriated 
        herein to implement section 211(f)(8) of Public Law 104-303 
        (110 Stat. 3684) and to reimburse the non-Federal sponsor a 
        portion of the Federal share of project costs for the project 
        for flood control, White Oak Bayou watershed, Texas.

                         Construction, General

    For the prosecution of river and harbor, flood control, shore 
protection, and related projects authorized by laws; and detailed 
studies, and plans and specifications, of projects (including those for 
development with participation or under consideration for participation 
by States, local governments, or private groups) authorized or made 
eligible for selection by law (but such studies shall not constitute a 
commitment of the Government to construction), $1,456,529,000, to 
remain available until expended, of which such sums as are necessary 
for the Federal share of construction costs for facilities under the 
Dredged Material Disposal Facilities program shall be derived from the 
Harbor Maintenance Trust Fund, as authorized by Public Law 104-303; and 
of which such sums as are necessary pursuant to Public Law 99-662 shall 
be derived from the Inland Waterways Trust Fund, for one-half of the 
costs of construction and rehabilitation of inland waterways projects, 
including rehabilitation costs for the Lock and Dam 25, Mississippi 
River, Illinois and Missouri; Lock and Dam 14, Mississippi River, Iowa; 
Lock and Dam 24, Part 1, Mississippi River, Illinois and Missouri; and 
Lock and Dam 3, Mississippi River, Minnesota, projects, and of which 
funds are provided for the following projects in the amounts specified:
            Norco Bluffs, California, $4,400,000;
            Tybee Island, Georgia, $1,200,000;
            Indianapolis Central Waterfront, Indiana, $4,000,000;
            Indiana Shoreline Erosion, Indiana, $700,000;
            Ohio River Flood Protection, Indiana, $1,700,000;
            Harlan/Clover Fork, Williamsburg, Middlesboro, Martin 
        County, Pike County, and Town of Martin elements of the Levisa 
        and Tug Forks of the Big Sandy River and Upper Cumberland 
        River, Kentucky, $26,730,000;
            Southern and Eastern Kentucky, Kentucky, $4,000,000;
            Lake Pontchartrain and Vicinity (Hurricane Protection), 
        Louisiana, $18,000,000;
            Lake Pontchartrain (Jefferson Parish) Stormwater Discharge, 
        Louisiana, $3,000,000;
            Southeast Louisiana, Louisiana, $85,200,000;
            Jackson County, Mississippi, $7,000,000;
            Passaic River Streambank Restoration, New Jersey, 
        $5,000,000;
            Lackawanna River, Olyphant, Pennsylvania, $14,400,000;
            Lackawanna River, Scranton, Pennsylvania, $43,551,000;
             South Central Pennsylvania Environment Improvement 
        Program, $45,000,000, of which $15,000,000 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, $5,500,000;
            Virginia Beach, Virginia (Hurricane Protection), 
        $13,000,000;
             West Virginia and Pennsylvania Flood Control, West 
        Virginia and Pennsylvania, $750,000: Provided, That the 
        Secretary of the Army is directed to incorporate the economic 
        analyses for the Green Ridge and Plot sections of the 
        Lackawanna River, Scranton, Pennsylvania, project with the 
        economic analysis for the Albright Street section of the 
        project, and to cost-share and implement these combined 
        sections as a single project with no separable elements, except 
        that each section may be undertaken individually when the non-
        Federal sponsor provides the applicable local cooperation 
        requirements; Provided further, That any funds heretofore 
        appropriated and made available in Public Law 103-126 for 
        projects associated with the restoration of the Lackawanna 
        River Basin Greenway Corridor, Pennsylvania, may be utilized by 
        the Secretary of the Army in carrying out other projects and 
        activities on the Lackawanna River in Pennsylvania; Provided 
        further, That the Secretary of the Army is directed to use 
        $6,000,000 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), $312,077,000, 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, 
$1,637,719,000, 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 $4,200,000 
is provided for repair of Chickamauga Lock, Tennessee, subject to 
authorization.

                           Regulatory Program

    For expenses necessary for administration of laws pertaining to 
regulation of navigable waters and wetlands, $110,000,000, to remain 
available until expended.

            Formerly Utilized Sites Remedial Action Program

    For expenses necessary 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.

                            General Expenses

    For expenses necessary for general administration and related 
functions in the Office of the Chief of Engineers and offices of the 
Division Engineers; activities of the Coastal Engineering Research 
Board, the Humphreys Engineer Center Support Activity, the Water 
Resources Support Center, and headquarters support functions at the 
USACE Finance Center; $148,000,000, to remain available until expended: 
Provided, That no part of any other 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: Provided further, That none of 
these funds shall be available to support an office of congressional 
affairs within the executive office of the Chief of Engineers.

                        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.

                                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, $39,665,000, to remain available 
until expended, of which $15,476,000 shall be deposited into the Utah 
Reclamation Mitigation and Conservation Account: Provided, That of the 
amounts deposited into that account, $5,000,000 shall be considered the 
Federal contribution authorized by paragraph 402(b)(2) of the Central 
Utah Project Completion Act and $10,476,000 shall be available to the 
Utah Reclamation Mitigation and Conservation Commission to carry out 
activities authorized under that Act.
    In addition, for necessary expenses incurred in carrying out 
related responsibilities of the Secretary of the Interior, $1,283,000, 
to remain 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, 
$622,054,000, to remain available until expended, of which $1,873,000 
shall be available for transfer to the Upper Colorado River Basin Fund 
and $49,908,000 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. 460l6a(i) shall be derived from that Fund or 
account: Provided further, That funds contributed under 43 U.S.C. 395 
are available until expended for the purposes for which contributed: 
Provided further, That funds advanced under 43 U.S.C. 397a shall be 
credited to this account and are available until expended for the same 
purposes as the sums appropriated under this heading: Provided further, 
That of the total appropriated, $25,800,000 shall be derived by 
transfer of unexpended balances from the Bureau of Reclamation Working 
Capital Fund.

               bureau of reclamation loan program account

    For the cost of direct loans and/or grants, $12,000,000, 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 $38,000,000.
     In addition, for administrative expenses necessary to carry out 
the program for direct loans and/or grants, $425,000, to remain 
available until expended: Provided, That of the total sums 
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, $33,130,000, to be derived from 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 assess and collect the full 
amount of the additional mitigation and restoration payments authorized 
by section 3407(d) of Public Law 102-575.

               california bay-delta ecosystem restoration

                     (including transfer of funds)

    For necessary expenses of the Department of the Interior and other 
participating Federal agencies in carrying out the California Bay-Delta 
Environmental Enhancement and Water Security Act consistent with plans 
to be approved by the Secretary of the Interior, in consultation with 
such Federal agencies, $75,000,000, to remain available until expended, 
of which such amounts as may be 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, $46,000,000, to be derived from the 
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377: 
Provided, That no part of any other appropriation in this Act shall be 
available for activities or functions budgeted as policy and 
administration expenses.

                        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; and the 
purchase of not to exceed 22 passenger motor vehicles for replacement 
only, $882,834,000, of which not to exceed $3,000 may be used for 
official reception and representation expenses for transparency 
activities.

                  Non-Defense Environmental Management

    For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and other 
expenses necessary for non-defense environmental 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, $466,700,000, 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, $225,000,000, to be 
derived from the Fund, to remain available until expended: Provided, 
That $30,000,000 of amounts derived from the Fund for such expenses 
shall be available in accordance with title X, subtitle A, of the 
Energy Policy Act of 1992.

                                Science

    For expenses of the Department of Energy activities including the 
purchase, construction and acquisition of plant and capital equipment 
and other expenses necessary for science activities in carrying out the 
purposes of the Department of Energy Organization Act (42 U.S.C. 7101 
et seq.), including the acquisition or condemnation of any real 
property or facility or for plant or facility acquisition, 
construction, or expansion, and purchase of not to exceed 5 passenger 
motor vehicles for replacement only, $2,399,500,000, to remain 
available until expended: Provided, That in addition, $7,600,000 of the 
unobligated balances originally available for Superconducting Super 
Collider termination activities shall be made available for other 
activities under this heading.

                      Nuclear Waste Disposal 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 $5,000), $175,365,000, to 
remain available until expended, plus such additional amounts as 
necessary to cover increases in the estimated amount of cost of work 
for others notwithstanding the provisions of the Anti-Deficiency Act 
(31 U.S.C. 1511 et seq.): Provided, That such increases in cost of work 
are offset by revenue increases of the same or greater amount, to 
remain available until expended: Provided further, That moneys received 
by the Department for miscellaneous revenues estimated to total 
$136,530,000 in fiscal year 1999 may be retained and used for operating 
expenses within this account, and may remain available until expended, 
as 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 1999 so as to result in a final fiscal year 
1999 appropriation from the General Fund estimated at not more than 
$38,835,000.

                    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, $14,500,000, 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; the purchase of not 
to exceed one fixed wing aircraft; and the purchase of passenger motor 
vehicles (not to exceed 32 for replacement only, and one bus), 
$4,142,100,000, to remain available until expended.

         Defense Environmental Restoration and Waste Management

    For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and other 
expenses necessary for atomic energy defense environmental restoration 
and waste management activities in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or any 
facility or for plant or facility acquisition, construction, or 
expansion; and the purchase of passenger motor vehicles (not to exceed 
3 new sedans and 6 for replacement only, of which 3 are sedans, 2 are 
buses, and 1 is an ambulance), $4,358,554,000, to remain available 
until expended.

                  Defense Facilities Closure Projects

    For expenses of the Department of Energy to accelerate the closure 
of defense environmental management sites, including the purchase, 
construction and acquisition of plant and capital equipment and other 
necessary expenses, $1,038,240,000, to remain available until expended.

             Defense Environmental Management Privatization

    For Department of Energy expenses for privatization projects 
necessary for atomic energy defense environmental management activities 
authorized by the Department of Energy Organization Act (42 U.S.C. 
7101, et seq.), $286,857,000, to remain available until expended.

                        Other Defense Activities

    For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and other 
expenses necessary for atomic energy defense, other defense activities, 
in carrying out the purposes of the Department of Energy Organization 
Act (42 U.S.C. 7101, et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, $1,761,260,000, 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

                  Bonneville Power Administration Fund

    Expenditures from the Bonneville Power Administration Fund, 
established pursuant to Public Law 93-454, are approved for official 
reception and representation expenses in an amount not to exceed 
$1,500.
    During fiscal year 1999, no new direct loan obligations may be 
made.

      Operation and Maintenance, Southeastern Power Administration

    For necessary expenses of operation and maintenance of power 
transmission facilities and of marketing electric power and energy 
pursuant to the provisions of section 5 of the Flood Control Act of 
1944 (16 U.S.C. 825s), as applied to the southeastern power area, 
$8,500,000, to remain available until expended; in addition, 
notwithstanding 31 U.S.C. 3302, not to exceed $28,000,000 in 
reimbursements, of which $20,000,000 is for transmission wheeling and 
ancillary services and $8,000,000 is for power purchases at the Richard 
B. Russell Project, to remain available until expended.

      Operation and Maintenance, Southwestern Power Administration

    For necessary expenses of operation and maintenance of power 
transmission facilities and of marketing electric power and energy, and 
for construction and acquisition of transmission lines, 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, $24,710,000, to remain available until expended; in 
addition, notwithstanding the provisions of 31 U.S.C. 3302, not to 
exceed $4,200,000 in reimbursements, to remain available until 
expended.

 Construction, Rehabilitation, Operation and Maintenance, Western Area 
                          Power Administration

    For carrying out the functions authorized by title III, section 
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other 
related activities including conservation and renewable resources 
programs as authorized, including official reception and representation 
expenses in an amount not to exceed $1,500, $205,000,000, to remain 
available until expended, of which $195,787,000 shall be derived from 
the Department of the Interior Reclamation Fund: Provided, That of the 
amount herein appropriated, $5,036,000 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), 
$166,500,000, to remain available until expended: Provided, That 
notwithstanding any other provision of law, not to exceed $166,500,000 
of revenues from fees and annual charges, and other services and 
collections in fiscal year 1999 shall be retained and used for 
necessary expenses in this account, and shall remain available until 
expended: Provided further, That the sum herein appropriated from the 
General Fund shall be reduced as revenues are received during fiscal 
year 1999 so as to result in a final fiscal year 1999 appropriation 
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 $29,800,000 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.
    Sec. 306. (a) Except as provided in subsection (b), none of the 
funds appropriated by this Act or any prior appropriations Act may be 
used by any program, project, or activity of the Department of Energy 
to produce or provide articles or services for the purpose of selling 
the articles or services to a person outside the Federal Government, 
unless the Secretary of Energy determines that the articles or services 
are not available from a commercial source in the United States.
    (b) Subsection (a) does not apply to the transmission and sale of 
electricity by any Federal power marketing administration.

                   (transfers of unexpended balances)

    Sec. 307. 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, for necessary expenses for the 
Federal Co-Chairman and the alternate on the Appalachian Regional 
Commission, for payment of the Federal share of the administrative 
expenses of the Commission, including services as authorized by 5 
U.S.C. 3109, and hire of passenger motor vehicles, $65,900,000, 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, $16,500,000, to 
remain available until expended.

                     NUCLEAR REGULATORY COMMISSION

                         Salaries and Expenses

    For necessary expenses of the Commission in carrying out the 
purposes of the Energy Reorganization Act of 1974, as amended, and the 
Atomic Energy Act of 1954, as amended, including official 
representation expenses (not to exceed $5,000); $462,700,000, to remain 
available until expended: Provided, That of the amount appropriated 
herein, $14,800,000 shall be derived from the Nuclear Waste Fund: 
Provided further, That revenues from licensing fees, inspection 
services, and other services and collections estimated at $444,700,000 
in fiscal year 1999 shall be retained and used for necessary salaries 
and expenses in this account, notwithstanding 31 U.S.C. 3302, and shall 
remain available until expended: Provided further, That $3,200,000 of 
the funds herein appropriated for 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 
1999 so as to result in a final fiscal year 1999 appropriation 
estimated at not more than $18,000,000.

                      Office of Inspector General

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $4,800,000, to remain available until expended: Provided, That 
the sum herein appropriated shall be reduced by the amount of revenues 
received during fiscal year 1999 so as to result in a final fiscal year 
1999 appropriation estimated at not more than $0.

                  NUCLEAR WASTE TECHNICAL REVIEW BOARD

                         Salaries and Expenses

    For necessary expenses of the Nuclear Waste Technical Review Board, 
as authorized by Public Law 100-203, section 5051, $2,600,000, to be 
derived from the Nuclear Waste Fund, and to remain available until 
expended.

                      TITLE V--GENERAL PROVISIONS

    Sec. 501. None of the funds appropriated by this Act may be used in 
any way, directly or indirectly, to influence congressional action on 
any legislation or appropriation matters pending before Congress, other 
than to communicate to Members of Congress as described in section 1913 
of title 18, United States Code.
    Sec. 502. (a) Purchase of American-Made Equipment and Products.--It 
is the sense of the Congress that, to the greatest extent practicable, 
all equipment and products purchased with funds made available in this 
Act should be American-made.
     (b) Notice Requirement.--In providing financial assistance to, or 
entering into any contract with, any entity using funds made available 
in this Act, the head of each Federal agency, to the greatest extent 
practicable, shall provide to such entity a notice describing the 
statement made in subsection (a) by the Congress.
     (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. (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. 504. None of the funds made available in this or any other Act 
may be used to restart the High Flux Beam Reactor.
    Sec. 505. Section 6101(a)(3) of the Omnibus Budget Reconciliation 
Act of 1990, as amended, (42 U.S.C. 2214(a)(3)) is amended by striking 
``September 30, 1998'' and inserting ``September 30, 1999''.
    Sec. 506. (a) Funds appropriated for ``Nuclear Regulatory 
Commission--Salaries and Expenses'' shall be available to the 
Commission for the following additional purposes:
            (1) Employment of aliens.
            (2) Services authorized by section 3109 of title 5, United 
        States Code.
            (3) Publication and dissemination of atomic information.
            (4) Purchase, repair, and cleaning of uniforms.
            (5) Reimbursements to the General Services Administration 
        for security guard services.
            (6) Hire of passenger motor vehicles and aircraft.
            (7) Transfers of funds to other agencies of the Federal 
        Government for the performance of the work for which such funds 
        are appropriated, and such transferred funds may be merged with 
        the appropriations to which they are transferred.
            (8) Transfers to the Office of Inspector General of the 
        Commission, not to exceed an additional amount equal to 5 
        percent of the amount otherwise appropriated to the Office for 
        the fiscal year. Notice of such transfers shall be submitted to 
        the Committees on Appropriations.
    (b) Funds appropriated for ``Nuclear Regulatory Commission--Office 
of Inspector General'' shall be available to the Office for the 
additional purposes described in paragraphs (2) and (7) of subsection 
(a).
    (c) Moneys received by the Commission for the cooperative nuclear 
research program, services rendered to State governments, foreign 
governments, and international organizations, and the material and 
information access authorization programs, including criminal history 
checks under section 149 of the Atomic Energy Act of 1954 (42 U.S.C. 
2169) may be retained and used for salaries and expenses associated 
with those activities, notwithstanding 31 U.S.C. 3302, and shall remain 
available until expended.
    (d) This section shall apply to fiscal year 1999 and each 
succeeding fiscal year.
    Sec. 507. Sec. 505 of Public Law 102-377, the Fiscal Year 1993 
Energy and Water Development Appropriations Act, and section 208 of 
Public Law 99-349, the Urgent Supplemental Appropriations Act, 1986, 
are repealed.

                 implementation of external regulation

    Sec. 508. (a) Transfer of Authority.--Notwithstanding any other 
provision of law, no later than March 31, 1999, the Department of 
Energy shall not implement and enforce its own regulatory system, 
through rules, regulations, orders, or standards, with regard to the 
Ernest Orlando Lawrence Berkeley National Laboratory for environment, 
safety, and health, but shall be regulated by the appropriate Federal, 
State, and local agencies as provided by the applicable Federal, State, 
and local laws and regulations: Provided, That for this facility, the 
Department shall be deemed to be a ``person'' under the Atomic Energy 
Act of 1954, as amended.
    (b) Department of Energy Reporting Requirement.--By October 31, 
1998, the Secretary of Energy shall transmit to the Congress a plan for 
termination of its authority to regulate its contractors and to self-
regulate its own operations in the areas of environment, safety, and 
health at the facility named in section (a). The report shall include--
            (1) A detailed transition plan, giving the schedule for 
        termination of self-regulation authority as outlined in section 
        (a), including the activities to be coordinated with the 
        Nuclear Regulatory Commission (NRC) and the Occupational Safety 
        and Health Administration (OSHA);
            (2) A description of any issues remaining to be resolved 
        with the NRC and OSHA or other external regulators, and a 
        timetable for resolving such issues before March 31, 1999; and
            (3) An estimate of the current annual cost of administering 
        and implementing self-regulation of environment, safety, and 
        health activities at all Department of Energy facilities, and 
        an estimate of the number of Federal and contractor employees 
        currently administering and implementing self-regulation of 
        environment, safety and health activities at each of the 
        facilities. For the Lawrence Berkeley National Laboratory, 
        there should also be an estimate of the cost of the external 
        regulators based on the pilot project of simulated NRC 
        regulation which has already been conducted; an estimate of the 
        cost and number of Federal and contractor employees currently 
        administering and implementing self-regulation of environment, 
        safety and health activities at the Laboratory; and an estimate 
        of the extent and schedule by which the Department and 
        Laboratory staffs will be reduced as a result of implementation 
        of section (a).
    (c) Nuclear Regulatory Commission Reporting Requirement.--By 
January 30, 1999, the Chairman of the Nuclear Regulatory Commission 
shall submit to Congress a plan for regulating accelerator-produced 
radioactive material, and ionizing radiation generating machines at 
Department of Energy facilities. The report shall:
            (1) Recommend what statutory changes, if any, would be 
        needed to provide the Commission with the authority to regulate 
        accelerator use at Department of Energy facilities;
            (2) Identify what additional Commission resources would be 
        needed to accomplish such regulation; and
            (3) Identify any existing technical or regulatory obstacles 
        to the Commission regulation of accelerator use.
    This Act may be cited as the ``Energy and Water Development 
Appropriations Act, 1999''.


                                                       Calendar No. 327

105th CONGRESS

  2d Session

                               H. R. 4060

                          [Report No. 105-581]

_______________________________________________________________________

                                 A BILL

 Making appropriations for energy and water development for the fiscal 
        year ending September 30, 1999, and for other purposes.

_______________________________________________________________________

                             June 16, 1998

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed