[Congressional Record Volume 143, Number 101 (Wednesday, July 16, 1997)]
[Senate]
[Pages S7537-S7544]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 1998

  The Senate resumed consideration of the bill.
  The PRESIDING OFFICER. The question now is on the energy and water 
appropriations bill, S. 1004.
  The yeas and nays have not been requested.
  Mr. DOMENICI. Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The yeas and nays were ordered.
  Mr. REID. Mr. President, I am grateful for the work by so many to 
reach conclusion on this most important appropriation bill.
  Senator Domenici has been a real partner and I appreciate his 
openness with me and my staff.

[[Page S7538]]

  Alex Flint and David Gwaltney have been easy to work with and have 
been essential to final passage of this bill. Minority clerk Greg 
Daines has rendered invaluable service to me and the country in helping 
develop this legislation. Elizabeth Blevins on the minority side has 
been most helpful. Bob Perret, a congressional fellow, has rendered 
valuable assistance to me with his scientific background.
  I look forward to a quick conference and a speedy signature by the 
President.


                    DISPOSITION OF EXCESS PLUTONIUM

  Mr. GORTON. Mr. President, I rise to engage in a colloquy with the 
distinguished chairman and ranking member of the subcommittee regarding 
an issue that has been underscored in the House report and deserves 
similar recognition within this distinguished body. The issue concerns 
the Department of Energy's program for disposition of excess weapons 
usable plutonium. This program, managed by the Department's Office of 
Fissile Materials Disposition, is an important cornerstone of 
international efforts related to arms reduction, nonproliferation, and 
world peace. It is a relatively new program within the Department, and 
one that deserves special recognition by this body and our 
unconditional support.
  Mr. CRAIG. Mr. President, I rise in support of the gentleman from 
Washington State and to add my request that this body go on record in 
clear support of the Department's Plutonium Disposition Program. In 
particular, the Department should be commended for all its fine work 
leading to the January Record of Decision, which chose two options for 
the disposition of the excess weapons plutonium. These two options--
immobilization and use of mixed oxide [MOx] fuel in existing 
reactors--will set the pace for parallel activities in the former 
Soviet Union. We should encourage the Department now to implement this 
decision in an expeditious manner, for the sake of world peace and 
stability. In particular, we understand that the Department intends to 
begin the process of selecting the suite of industrial partners that 
will carry out the MOx Program. I look forward to the fruits 
of that labor, and strongly encourage the Department to move out 
expeditiously. Accomplishments in this program can do a lot toward 
world security, not to mention what it can do for DOE's image and 
reputation at home and abroad.
  Mr. DOMENICI. I thank my colleagues for highlighting this important 
program before the Senate as a whole, and I add my concurrence to the 
sentiments expressed.
  Mr. REID. I, too, appreciate the thoughtful remarks of my colleagues 
and add my support.


                   ADVANCED HYDROPOWER TURBINE DESIGN

  Mr. KEMPTHORNE. Mr. President, yesterday the managers accepted my 
amendment No. 870. The amendment will continue funding for an ongoing 
shared-cost research program for hydropower turbine design--commonly 
referred to as the ``fish-friendly hydropower program.''
  In the Snake and Columbia Rivers, dams and turbines generate energy 
that fuel the Northwest economy. But while these facilities are used by 
this Nation for a tremendous good they also are, in part, responsible 
for the death and injury of critically endangered salmon. Some young 
salmon on their way to the ocean pass through the slowly moving turbine 
blades. The turbulence caused by the blades can and does injure some of 
these fish. This Nation has spent well over a billion dollars to save 
salmon as a result of the Endangered Species Act. Stocks of salmon 
continue to decline causing some to suggest removing the dams 
altogether. In light of this it seems amazing that we are in the 
process of removing funding from a promising technology that will save 
salmon and improve the efficiency of this renewable energy resource.
  Phase I of the project--the conceptual/engineering designs--has been 
completed. Phase II needs to be funded for us to realize the benefits 
of the money already spent, and to provide the Nation with modern, 
environmentally sound technology.
  We simply can no longer afford to use 50-year-old hydropower 
technology in a 21st century energy environment. We must learn to 
balance our environmental concerns with safe and clean energy 
development.
  Preliminary work indicates that a well-focused R&D program can 
achieve major innovations in the design of environmentally sound 
hydropower turbines. For the last several years we have been pursuing a 
program funded by the hydropower industry with a modest contribution 
from energy and water development appropriations. This amendment will 
continue that program into the development of a biological design.
  The U.S. hydropower industry raised $500,000 of its own funds to 
invest in phase I of this program. They can be expected to continue to 
contribute to this program in phase II.
  Hydropower is the Nation's leading renewable energy source, producing 
85 percent of the U.S. renewable energy capacity and 13 percent of all 
U.S. electric generation. In the Pacific Northwest States of Montana, 
Idaho, Oregon, and Washington 60 percent of electrical usage depends on 
hydropower. In the South and Northeast, hydropower remains an integral 
part of electrical energy supplies. The Clinton administration's 
climate change action plan identified a continued and expanding role 
for emission free hydropower in sustainable development. With proper 
siting and sound technology, the Department of Energy estimates 
hydropower can increase U.S. energy independence and opportunities for 
sustainable development in the United States and worldwide. With over 
100 hydro facilities being relicensed over the next decade, the 
development of an alternative technology will be essential to 
maintaining electric generating capacity.
  This is not the time to end a promising, environmentally sound and 
technologically efficient tool in our Nation's energy arsenal. We 
cannot in good conscience end funding for this program while the 
numbers of salmon stocks remain at their critically low levels.


                       TENNESSEE VALLEY AUTHORITY

  Mr. JEFFORDS. Mr. President, the Tennessee Valley Authority was 
created as part of the New Deal to bring economic development and 
electricity to the Tennessee Valley. Much has changed since the 1930's. 
Fortunately, rural Americans now enjoy electricity, and the economy of 
the Tennessee Valley has improved significantly. That region's economy, 
in fact, is doing quite well and now is home to industry and businesses 
like Saturn Automotive and Gateway Computer. It's time for TVA to 
change, too.
  Over the past six decades, TVA has become, by its own measure, the 
Nation's largest electric utility company, providing some of the 
cheapest electricity in the Nation. TVA's current managers are trying 
aggressively to prepare this giant government-owned utility for the 
competition that may result from deregulation. Earlier this year, in 
testimony before the Energy and Water Development Appropriations 
Subcommittee, TVA's Chairman argued that, in order to help prepare for 
this competition, the direct Federal appropriation to TVA should end. 
In fact, he stated, ``With your help, we can end taxpayer funding of 
TVA appropriated programs and begin a new era for TVA.'' It is my 
understanding that the Energy and Water Development Appropriations 
Subcommittee has voted to codify that request.
  Reforming TVA should no longer be a controversial activity. More and 
more lawmakers have introduced bills to re-think the giant agency as we 
look toward a deregulated electricity industry and a balanced Federal 
budget. Even TVA's Chair, as mentioned before, has stated that the 
agency should forego its $106 million annual appropriation. TVA's 
former chief financial officer has gone further, arguing that the 
Federal Government should sell TVA. Sale, he argues, would generate big 
savings for taxpayers; reduce the Federal debt; provide a model for 
privatization; and move one of the largest electric companies out from 
under the burden of Federal bureaucracy into the private sector, where 
it would pay taxes.
  Mr. President, I urge my Senate colleagues who will sit on the 
conference committee to take a first step toward reforming TVA by 
eliminating the agency's entire appropriation. I also urge my 
colleagues to consider more substantial changes to TVA in the context 
of reducing taxpayer subsidies and opening the electricity market to 
true competition.

[[Page S7539]]

  Mr. STEVENS. Mr. President, I hope all Senators will support the work 
of Senator Domenici and Senator Reid.
  The PRESIDING OFFICER. The question is, ``Shall the bill pass?'' The 
yeas and nays have been ordered. The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. NICKLES. I announce that the Senator from Montana [Mr. Burns] is 
necessarily absent.
  I further announce that, if present and voting, the Senator from 
Montana [Mr. Burns] would vote ``yea.''
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 99, nays 0, as follows:

                      [Rollcall Vote No. 179 Leg.]

                                YEAS--99

     Abraham
     Akaka
     Allard
     Ashcroft
     Baucus
     Bennett
     Biden
     Bingaman
     Bond
     Boxer
     Breaux
     Brownback
     Bryan
     Bumpers
     Byrd
     Campbell
     Chafee
     Cleland
     Coats
     Cochran
     Collins
     Conrad
     Coverdell
     Craig
     D'Amato
     Daschle
     DeWine
     Dodd
     Domenici
     Dorgan
     Durbin
     Enzi
     Faircloth
     Feingold
     Feinstein
     Ford
     Frist
     Glenn
     Gorton
     Graham
     Gramm
     Grams
     Grassley
     Gregg
     Hagel
     Harkin
     Hatch
     Helms
     Hollings
     Hutchinson
     Hutchison
     Inhofe
     Inouye
     Jeffords
     Johnson
     Kempthorne
     Kennedy
     Kerrey
     Kerry
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lott
     Lugar
     Mack
     McCain
     McConnell
     Mikulski
     Moseley-Braun
     Moynihan
     Murkowski
     Murray
     Nickles
     Reed
     Reid
     Robb
     Roberts
     Rockefeller
     Roth
     Santorum
     Sarbanes
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Snowe
     Specter
     Stevens
     Thomas
     Thompson
     Thurmond
     Torricelli
     Warner
     Wellstone
     Wyden

                             NOT VOTING--1

       
     Burns
       
  The bill (S. 1004), as amended, was passed, as follows:

                                S. 1004

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


                         Construction, General

       For the prosecution of river and harbor, flood control, 
     shore protection, and related projects authorized by laws; 
     and detailed studies, and plans and specifications, of 
     projects (including those for development with participation 
     or under consideration for participation by States, local 
     governments, or private groups) authorized or made eligible 
     for selection by law (but such studies shall not constitute a 
     commitment of the Government to construction), 
     $1,284,266,000, to remain available until expended, of which 
     such sums as are necessary pursuant to Public Law 99-662 
     shall be derived from the Inland Waterways Trust Fund, for 
     one-half of the costs of construction and rehabilitation of 
     inland waterways projects, including rehabilitation costs for 
     the Lock and Dam 25, Mississippi River, Illinois and 
     Missouri, Lock and Dam 14, Mississippi River, Iowa, Lock and 
     Dam 24, Mississippi River, Illinois and Missouri, and Lock 
     and Dam 3, Mississippi River, Minnesota, projects, and of 
     which funds are provided for the following projects in the 
     amounts specified:
       Arkansas River, Tucker Creek, Arkansas, $300,000;
       Red River Emergency Bank Protection, Arkansas, $3,500,000;
       Panama City Beaches, Florida, $5,000,000;
       Harlan (Levisa and Tug Forks of the Big Sandy River and 
     Upper Cumberland River), Kentucky, $18,000,000;
       Martin County (Levisa and Tug Forks of the Big Sandy River 
     and Upper Cumberland River), Kentucky, $5,500,000;
       Middlesboro (Levisa and Tug Forks of the Big Sandy River 
     and Upper Cumberland River), Kentucky, $7,200,000;
       Pike County (Levisa and Tug Forks of the Big Sandy River 
     and Upper Cumberland River), Kentucky, $5,800,000;
       Town of Martin (Levisa and Tug Forks of the Big Sandy River 
     and Upper Cumberland River), Kentucky, $700,000;
       Williamsburg (Levisa and Tug Forks of the Big Sandy River 
     and Upper Cumberland River), Kentucky, $4,690,000;
       Lake Ponchartrain Stormwater Discharge, Louisiana, 
     $3,000,000;
       Natchez Bluff, Mississippi, $4,000,000;
       Jackson County, Mississippi (Water Supply), $3,000,000;
       Pearl River, Mississippi (Walkiah Bluff), $2,000,000;
       Wallisville Lake, Texas, $10,000,000;
       Virginia Beach, Virginia (Reimbursement), $925,000;
       Virginia Beach, Virginia (Hurricane Protection), 
     $15,000,000;
       Hatfield Bottom (Levisa and Tug Forks of the Big Sandy 
     River and Upper Cumberland River), West Virginia, $1,000,000;
       Lower Mingo (Kermit) (Levisa and Tug Forks of the Big Sandy 
     River and Upper Cumberland River), West Virginia, $6,300,000;
       Lower Mingo, West Virginia, Tributaries Supplement, 
     $150,000;
       Upper Mingo County (Levisa and Tug Forks of the Big Sandy 
     River and Upper Cumberland River), West Virginia, $3,000,000;
       Levisa Basin Flood Warning System (Levisa and Tug Forks of 
     the Big Sandy River and Upper Cumberland River), Kentucky, 
     $400,000;
       Tug Fork Basin Flood Warning System (Levisa and Tug Forks 
     of the Big Sandy River and Upper Cumberland River), West 
     Virginia, $400,000; and
       Wayne County (Levisa and Tug Forks of the Big Sandy River 
     and Upper Cumberland River), West Virginia, $1,200,000: 
     Provided further, That the Secretary of the Army is directed 
     to design and implement at full Federal expense an early 
     flood warning system for the Tug Fork and Levisa Basins, West 
     Virginia and Kentucky, within eighteen months of the date of 
     enactment of this Act: Provided further, That the Secretary 
     of the Army, acting through the Chief of Engineers, is 
     directed to combine the Wilmington Harbor-Northeast Cape Fear 
     River authorized by the Water Resource Development Act of 
     1986, section 202(a), the Wilmington Harbor Channel Widening 
     authorized by the Water Resources Development Act of 1986, 
     section 101(a)(23), and the Cape Fear-Northeast (Cape Fear) 
     River authorized by the Water Resource Development Act of 
     1996, section 101(a)(22), North Carolina projects into one 
     project with one project cooperation agreement based on cost 
     sharing as a single project and that with $2,430,000 of the 
     funds appropriated herein, is directed to continue design and 
     initiate construction of the combined project: Provided 
     further, That the Secretary of the Army, acting through the 
     Chief of Engineers, is directed to use $15,000,000 of the 
     funds appropriated herein to initiate construction of the 
     Houston-Galveston Navigation Channels, Texas, project and 
     execute a Project Cooperation Agreement for the entire 
     project authorized in the Water Resources Development Act of 
     1996, Public law 104-303: Provided further, That the 
     Assistant Secretary of the Army for Civil Works shall 
     consider the recommendations of the Special Reevaluation 
     Report for the McCook Reservoir as developed by the Corps of 
     Engineers Chicago District: Provided further, That the 
     Secretary of the Army, acting through the Chief of Engineers, 
     may use up to $5,000,000 of the funding appropriated herein 
     to initiate construction of an emergency outlet from Devils 
     Lake, North Dakota, to the Sheyenne River, and that this 
     amount is designated by Congress as an emergency requirement 
     pursuant to section 251(b)(2)(D)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985 (2 U.S.C. 
     901(b)(2)(D)(i)); except that funds shall not become 
     available unless the Secretary of the Army determines that an 
     emergency (as defined in section 102 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5122)) exists with respect to the emergency need for 
     the outlet and reports to Congress that the construction is 
     technically sound, economically justified, and 
     environmentally acceptable and in compliance with the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.): Provided further, That the economic justification for 
     the emergency outlet shall be prepared in accordance with the 
     principles and guidelines for economic evaluation as required 
     by regulations and procedures of the Army Corps of Engineers 
     for all flood control projects, and that the economic 
     justification be fully described, including the analysis of 
     the benefits and costs, in the project plan documents: 
     Provided further, That the plans for the emergency outlet 
     shall be reviewed and, to be effective, shall contain 
     assurances provided by the Secretary of State, after 
     consultation with the International Joint Commission,

[[Page S7540]]

     that the project will not violate the requirements or intent 
     of the Treaty Between the United States and Great Britain 
     Relating to Boundary Waters Between the United States and 
     Canada, signed at Washington January 11, 1909 (36 Stat. 2448; 
     TS 548) (commonly known as the ``Boundary Waters Treaty of 
     1909''): Provided further, That the Secretary of the Army 
     shall submit the final plans and other documents for the 
     emergency outlet to Congress: Provided further, That no funds 
     made available under this Act or any other Act for any fiscal 
     year may be used by the Secretary of the Army to carry out 
     the portion of the feasibility study of the Devils Lake 
     Basin, North Dakota, authorized under the Energy and Water 
     Development Appropriations Act, 1993 (Public Law 102-377), 
     that addresses the needs of the area for stabilized lake 
     levels through inlet controls, or to otherwise study any 
     facility or carry out any activity that would permit the 
     transfer of water from the Missouri River Basin into Devils 
     Lake.


   Flood  Control,  Mississippi  River  and  Tributaries,  Arkansas, 
  Illinois, Kentucky, Louisiana, Mississippi, Missouri, and Tennessee

       For expenses necessary for prosecuting work of flood 
     control, and rescue work, repair, restoration, or maintenance 
     of flood control projects threatened or destroyed by flood, 
     as authorized by law (33 U.S.C. 702a, 702g-1), $289,000,000, 
     to remain available until expended: Provided, That 
     notwithstanding the funding limitations set forth in Public 
     Law 104-6 (109 Stat. 85), the Secretary of the Army, acting 
     through the Chief of Engineers, is authorized and directed to 
     use additional funds appropriated herein or previously 
     appropriated to complete remedial measures to prevent slope 
     instability at Hickman Bluff, Kentucky.


                   Operation and Maintenance, General

       For expenses necessary for the preservation, operation, 
     maintenance, and care of existing river and harbor, flood 
     control, and related works, including such sums as may be 
     necessary for the maintenance of harbor channels provided by 
     a State, municipality or other public agency, outside of 
     harbor lines, and serving essential needs of general commerce 
     and navigation; surveys and charting of northern and 
     northwestern lakes and connecting waters; clearing and 
     straightening channels; and removal of obstructions to 
     navigation, $1,661,203,000, to remain available until 
     expended, of which such sums as become available in the 
     Harbor Maintenance Trust Fund, pursuant to Public Law 99-662, 
     may be derived from that fund, and of which such sums as 
     become available from the special account established by the 
     Land and Water Conservation Act of 1965, as amended (16 
     U.S.C. 460l), may be derived from that fund for construction, 
     operation, and maintenance of outdoor recreation facilities, 
     and of which funds are provided for the following projects in 
     the amounts specified:
       Beverly Shores, Indiana, $1,700,000:
     Provided, That no funds, whether appropriated, contributed, 
     or otherwise provided, shall be available to the United 
     States Army Corps of Engineers for the purpose of acquiring 
     land in Jasper County, South Carolina, in connection with the 
     Savannah Harbor navigation project: Provided further, That 
     the Secretary of the Army, acting through the Chief of 
     Engineers, is authorized and directed to dredge a 
     navigational channel in the Chena River at Fairbanks, Alaska 
     from its confluence with the Tanana River upstream to the 
     University Road Bridge that will allow the safe passage 
     during normal water levels of vessels up to 350 feet in 
     length, 60 feet in width, and drafting up to 3 feet.


                           Regulatory Program

       For expenses necessary for administration of laws 
     pertaining to regulation of navigable waters and wetlands, 
     $106,000,000, to remain available until expended.


                 Flood Control and Coastal Emergencies

       For expenses necessary for emergency flood control, 
     hurricane, and shore protection activities, as authorized by 
     section 5 of the Flood Control Act approved August 18, 1941, 
     as amended, $10,000,000, to remain available until expended: 
     Provided, That, using funds appropriated in this Act, the 
     Secretary of the Army may construct the Ten and Fifteen Mile 
     Bayou channel enlargement as an integral part of the work 
     accomplished on the St. Francis Basis, Arkansas and Missouri 
     Project, authorized by the Flood Control Act of 1950.


                            General Expenses

       For expenses necessary for general administration and 
     related functions in the Office of the Chief of Engineers and 
     offices of the Division Engineers; activities of the Coastal 
     Engineering Research Board, the Humphreys Engineer Center 
     Support Activity, the Engineering Strategic Studies Center, 
     the Water Resources Support Center, the USACE Finance Center 
     and for costs of implementing the Secretary of the Army's 
     plan to reduce the number of division offices as directed in 
     title I, Public Law 104-46, $148,000,000, to remain available 
     until expended: Provided, That no part of any other 
     appropriation provided in title I of this Act shall be 
     available to fund the activities of the Office of the Chief 
     of Engineers or the executive direction and management 
     activities of the Division Offices.


                             REVOLVING FUND

       Amounts in the Revolving Fund may be used to construct a 
     17,000 square foot addition to the United States Army Corps 
     of Engineers Alaska District main office building on 
     Elemendorf Air Force Base. The Revolving Fund shall be 
     reimbursed for such funding from the benefitting 
     appropriations by collection each year of user fees 
     sufficient to repay the capitalized cost of the asset and to 
     operate and maintain the asset.


                        Administrative Provision

       Appropriations in this title shall be available for 
     official reception and representation expenses (not to exceed 
     $5,000); and during the current fiscal year the revolving 
     fund, Corps of Engineers, shall be available for purchase 
     (not to exceed 100 for replacement only) and hire of 
     passenger motor vehicles.

                           GENERAL PROVISIONS

                       Corps of Engineers--Civil

       Sec. 101. (a) In fiscal year 1998, the Secretary of the 
     Army shall advertise for competitive bid at least 8,500,000 
     cubic yards of the hopper dredge volume accomplished with 
     government owned dredges in fiscal year 1992.
       (b) Notwithstanding the provisions of this section, the 
     Secretary is authorized to use the dredge fleet of the Corps 
     of Engineers to undertake projects when industry does not 
     perform as required by the contract specifications or when 
     the bids are more than 25 percent in excess of what the 
     Secretary determines to be a fair and reasonable estimated 
     cost of a well equipped contractor doing the work or to 
     respond to emergency requirements.
       Sec. 102. In fiscal year 1998 and thereafter, the Secretary 
     of the Army is authorized and directed to provide planning, 
     design and construction assistance to non-Federal interests 
     in carrying out water related environmental infrastructure 
     and environmental resources development projects, including 
     assistance for wastewater treatment and related facilities; 
     water supply, storage, treatment and distribution facilities; 
     and development, restoration or improvement of wetlands and 
     other aquatic areas for the purpose of protection or 
     development of surface water resources: Provided, That the 
     non-Federal interest shall enter into a binding agreement 
     with the Secretary wherein the non-Federal interest will 
     provide all lands, easements, rights-of-way, relocations, and 
     dredge material disposal areas required for the project, and 
     pay 50 per centum of the costs of required feasibility 
     studies, 25 per centum of the costs of designing and 
     constructing the project, and 100 per centum of the costs of 
     operation, maintenance, repair, replacement or rehabilitation 
     of the project: Provided further, That the value of lands, 
     easements, rights-of-way, relocations and dredged material 
     disposal areas provided by the non-Federal interest shall be 
     credited toward the non-Federal share, not to exceed 25 per 
     centum, of the costs of dredging and constructing the 
     project: Provided further, That hereafter the Federal share 
     of the costs of each of the individual projects undertaken 
     shall not exceed $5,000,000: Provided further, That utilizing 
     $10,000,000 of the funds appropriated herein, the Secretary 
     is directed to carry out this section.
       Sec. 103. Green Brook Sub-Basin Flood Control Project, New 
     Jersey.--No funds made available under this Act or any other 
     Act for any fiscal year may be used by the Secretary of the 
     Army to carry out any plan for, or otherwise construct, the 
     Oak Way detention structure or the Sky Top detention 
     structure in Berkeley Heights, New Jersey, as part of the 
     project for flood control, Green Brook Sub-basin, Raritan 
     River Basin, New Jersey, authorized by section 401(a) of the 
     Water Resources Development Act of 1986 (Public Law 99-662; 
     100 Stat. 4119).
       Sec. 104. Great Lakes Basin.--No funds made available under 
     this Act may be used by the Secretary of the Army to consider 
     any application for a permit that, if granted, would result 
     in the diversion of ground water from the Great Lakes Basin.

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project


                central utah project completion account

       For carrying out activities authorized by the Central Utah 
     Project Completion Act, Public Law 102-575 (106 Stat. 4605), 
     and for activities related to the Uintah and Upalco Units 
     authorized by 43 U.S.C. 620, $40,353,000, to remain available 
     until expended, of which $16,610,000 shall be deposited into 
     the Utah Reclamation Mitigation and Conservation Account: 
     Provided, That of the amounts deposited into that account, 
     $5,000,000 shall be considered the Federal contribution 
     authorized by paragraph 402(b)(2) of the Central Utah Project 
     Completion Act and $11,610,000 shall be available to the Utah 
     Reclamation Mitigation and Conservation Commission to carry 
     out activities authorized under that Act.
       In addition, for necessary expenses incurred in carrying 
     out responsibilities of the Secretary of the Interior under 
     that Act, $800,000, to remain available until expended.

                         Bureau of Reclamation

       For carrying out the functions of the Bureau of Reclamation 
     as provided in the Federal reclamation laws (Act of June 17, 
     1902, 32 Stat. 388, and Acts amendatory thereof or 
     supplementary thereto) and other Acts applicable to that 
     Bureau as follows:


                      WATER AND RELATED RESOURCES

                     (INCLUDING TRANSFER OF FUNDS)

       For management, development, and restoration of water and 
     related natural resources and for related activities, 
     including

[[Page S7541]]

     the operation, maintenance and rehabilitation of reclamation 
     and other facilities, participation in fulfilling related 
     Federal responsibilities to Native Americans, and related 
     grants to, and cooperative and other agreements with, state 
     and local governments, Indian tribes, and others, to remain 
     available until expended, $688,379,000, of which $18,758,000 
     shall be available for transfer to the Upper Colorado River 
     Basin Fund and $55,920,000 shall be available for transfer to 
     the Lower Colorado River Basin Development Fund, and of which 
     such amounts as may be necessary may be advanced to the 
     Colorado River Dam Fund: Provided, That such transfers may be 
     increased or decreased within the overall appropriation under 
     this heading: Provided further, That of the total 
     appropriated, the amount for program activities that can be 
     financed by the Reclamation Fund or the Bureau of Reclamation 
     special fee account established by 16 U.S.C. 460l-6a(i) shall 
     be derived from that Fund or account: Provided further, That 
     funds contributed under 43 U.S.C. 395 are available until 
     expended for the purposes for which contributed: Provided 
     further, That funds advanced under 43 U.S.C. 397a shall be 
     credited to this account and are available until expended for 
     the same purposes as the sums appropriated under this 
     heading: Provided further, That using $500,000 of funds 
     appropriated herein, the Secretary of the Interior shall 
     undertake a non-reimbursable project to install drains in the 
     Pena Blanca area of New Mexico to prevent seepage from 
     Cochiti Dam: Provided further, That funds available for 
     expenditure for the Departmental Irrigation Drainage Program 
     may be expended by the Bureau of Reclamation for site 
     remediation on a nonreimbursable basis: Provided further, 
     That section 10 of Public Law 89-108 as amended by section 8 
     of Public Law 99-294 and section 1701(b) of Public Law 102-
     575, is further amended by striking ``$61,000,000'' and 
     inserting in lieu thereof ``$62,300,000'': Provided further, 
     That the unexpended balances of the Bureau of Reclamation 
     appropriation accounts for ``Construction Program (Including 
     Transfer of Funds)'', ``General Investigations'', ``Emergency 
     Fund'', and ``Operation and Maintenance'' shall be 
     transferred to and merged with this account, to be available 
     for the purposes for which they originally were appropriated: 
     Provided further, That the Secretary of the Interior may use 
     $80,000 of funding appropriated herein to complete the 
     feasibility study of alternatives for meeting the drinking 
     water needs on the Cheyenne River Sioux Reservation and 
     surrounding communities in South Dakota: Provided further, 
     That the Secretary of the Interior may use $2,500,000 of 
     funds appropriated herein to initiate construction of the 
     McCall Area Wastewater Reclamation and Reuse, Idaho project: 
     Provided further, That the Secretary of the Interior may use 
     $300,000 of funding appropriated herein to undertake 
     feasibility planning studies and other activities for the Ute 
     Reservoir Pipeline (Quay County portion), New Mexico project: 
     Provided further, That the Secretary of the Interior may use 
     $185,000 of the funding appropriated herein for a feasibility 
     study of alternatives for the Crow Creek Rural Water Supply 
     System to meet the drinking water needs on the Crow Creek 
     Sioux Indian Reservation.


               bureau of reclamation loan program account

       For the cost of direct loans and/or grants, $10,000,000, to 
     remain available until expended, as authorized by the Small 
     Reclamation Projects Act of August 6, 1956, as amended (43 
     U.S.C. 422a-422l): Provided, That such costs, including the 
     cost of modifying such loans, shall be as defined in section 
     502 of the Congressional Budget Act of 1974: Provided 
     further, That these funds are available to subsidize gross 
     obligations for the principal amount of direct loans not to 
     exceed $31,000,000.
       In addition, for administrative expenses necessary to carry 
     out the program for direct loans and/or grants, to remain 
     available until expended, $425,000: Provided, That of the 
     total sums appropriated, the amount of program activities 
     that can be financed by the Reclamation Fund shall be derived 
     from that Fund.


               CALIFORNIA BAY-DELTA ECOSYSTEM RESTORATION

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


                central valley project restoration fund

       For carrying out the programs, projects, plans, and habitat 
     restoration, improvement, and acquisition provisions of the 
     Central Valley Project Improvement Act, such sums as may be 
     collected in the Central Valley Project Restoration Fund 
     pursuant to sections 3407(d), 3404(c)(3), 3405(f), and 
     3406(c)(1) of Public Law 102-575, to remain available until 
     expended: Provided, That the Bureau of Reclamation is 
     directed to levy additional mitigation and restoration 
     payments totaling $25,130,000 (October 1992 price levels) on 
     a three-year rolling average basis, as authorized by section 
     3407(d) of Public Law 102-575.


                       policy and administration

       For necessary expenses of policy, administration and 
     related functions in the office of the Commissioner, the 
     Denver office, and offices in the five regions of the Bureau 
     of Reclamation, to remain available until expended, 
     $47,558,000, to be derived from the Reclamation Fund and be 
     nonreimbursable as provided in 43 U.S.C. 377: Provided, That 
     no part of any other appropriation in this Act shall be 
     available for activities or functions budgeted as policy and 
     administration expenses.


                             special funds

                          (transfer of funds)

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


                        administrative provision

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

                               TITLE III

                          DEPARTMENT OF ENERGY

                          Non-Defense Programs


                            Energy Research

       For expenses of the Department of Energy activities 
     including the purchase, construction and acquisition of plant 
     and capital equipment and other expenses necessary for energy 
     research in carrying out the purposes of the Department of 
     Energy Organization Act (42 U.S.C. 7101, et seq.), including 
     the acquisition or condemnation of any real property or any 
     facility or for plant or facility acquisition, construction, 
     or expansion; purchase of passenger motor vehicles (not to 
     exceed 13 for replacement only), $953,915,000, to remain 
     available until expended; and, in addition, $13,025,000 for 
     energy assets acquisition, to remain available until 
     expended: Provided, That $1,500,000 of the funds appropriated 
     herein may be used to continue the cost-shared, fish-friendly 
     turbine program.


                        Environmental Management

                              (Nondefense)

       For Department of Energy expenses, including the purchase, 
     construction and acquisition of plant and capital equipment 
     and other expenses necessary for nondefense environmental 
     management activities in carrying out the purposes of the 
     Department of Energy Organization Act (42 U.S.C. 7101, et 
     seq.), including the acquisition or condemnation of any real 
     property or any facility or for plant or facility 
     acquisition, construction, or expansion, $664,684,000, to 
     remain available until expended: Provided, That from funds 
     available herein, the Department of Energy will assess the 
     cost of decommissioning the Southwest Experimental Fast Oxide 
     Reactor site.


      Uranium Enrichment Decontamination and Decommissioning Fund

       For necessary expenses in carrying out uranium enrichment 
     facility decontamination and decommissioning, remedial 
     actions and other activities of title II of the Atomic Energy 
     Act of 1954 and title X, subtitle A of the Energy Policy Act 
     of 1992, $230,000,000, to be derived from the Fund, to remain 
     available until expended.


                      Nuclear Waste Disposal Fund

       For nuclear waste disposal activities to carry out the 
     purposes of Public Law 97-425, as amended, including the 
     acquisition of real property or facility construction or 
     expansion, $160,000,000, to remain available until expended, 
     to be derived from the Nuclear Waste Fund; of which 
     $4,000,000 shall be available to the Nuclear Regulatory 
     Commission to license a multi-purpose cannister design; and 
     of which not to exceed $1,500,000 may be provided to the 
     State of Nevada, solely to conduct scientific oversight 
     responsibilities pursuant to the Nuclear Waste Policy Act of 
     1982, (Public Law 97-425), as amended; and of which not to 
     exceed $6,175,000 may be provided to affected local 
     governments, as defined in Public Law 97-425, to conduct 
     appropriate activities pursuant to the Act: Provided further, 
     That the distribution of the funds to the units of local 
     government shall be determined by the Department of Energy: 
     Provided further, That the funds shall be made available to 
     the State and units of local government by direct payment: 
     Provided further, That within ninety days of the completion 
     of each Federal fiscal year, each State or local entity shall 
     provide certification to the Department of Energy, that all 
     funds expended from such payments have been expended for 
     activities as defined in Public Law 97-425. Failure to 
     provide such certification shall cause such entity to be 
     prohibited from any further funding provided for similar 
     activities: Provided further, That none of the funds

[[Page S7542]]

     herein appropriated may be: (1) used directly or indirectly 
     to influence legislative action on any matter pending before 
     Congress or a State legislature or for lobbying activity as 
     provided in 18 U.S.C. 1913; (2) used for litigation expenses; 
     or (3) used to support multistate efforts or other coalition 
     building activities inconsistent with the restrictions 
     contained in this Act.


                                Science

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


                      Departmental Administration

       For salaries and expenses of the Department of Energy 
     necessary for Departmental Administration in carrying out the 
     purposes of the Department of Energy Organization Act (42 
     U.S.C. 7101, et seq.), including the hire of passenger motor 
     vehicles and official reception and representation expenses 
     (not to exceed $35,000), $220,847,000, to remain available 
     until expended, plus such additional amounts as necessary to 
     cover increases in the estimated amount of cost of work for 
     others notwithstanding the provisions of the Anti-Deficiency 
     Act (31 U.S.C. 1511, et seq.): Provided, That such increases 
     in cost of work are offset by revenue increases of the same 
     or greater amount, to remain available until expended: 
     Provided further, That moneys received by the Department for 
     miscellaneous revenues estimated to total $131,330,000 in 
     fiscal year 1998 may be retained and used for operating 
     expenses within this account, and may remain available until 
     expended, as authorized by section 201 of Public Law 95-238, 
     notwithstanding the provisions of 31 U.S.C. 3302: Provided 
     further, That the sum herein appropriated shall be reduced by 
     the amount of miscellaneous revenues received during fiscal 
     year 1998 so as to result in a final fiscal year 1998 
     appropriation from the General Fund estimated at not more 
     than $89,517,000.


                    Office of the Inspector General

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


                    Atomic Energy Defense Activities

                           weapons activities

       For Department of Energy expenses, including the purchase, 
     construction and acquisition of plant and capital equipment 
     and other expenses necessary for atomic energy defense 
     weapons activities in carrying out the purposes of the 
     Department of Energy Organization Act (42 U.S.C. 7101, et 
     seq.), including the acquisition or condemnation of any real 
     property or any facility or for plant or facility 
     acquisition, construction, or expansion; and the purchase of 
     passenger motor vehicles (not to exceed 70 for replacement 
     only), $4,302,450,000, to remain available until expended, of 
     which $2,000,000 is provided for improvements to Greenville 
     Road in Livermore, California: Provided, That funding for any 
     ballistic missile defense program undertaken by the 
     Department of Energy for the Department of Defense shall be 
     provided by the Department of Defense according to procedures 
     established for Work for Others by the Department of Energy.


         defense environmental restoration and waste management

       For Department of Energy expenses, including the purchase, 
     construction and acquisition of plant and capital equipment 
     and other expenses necessary for atomic energy defense 
     environmental restoration and waste management activities in 
     carrying out the purposes of the Department of Energy 
     Organization Act (42 U.S.C. 7101, et seq.), including the 
     acquisition or condemnation of any real property or any 
     facility or for plant or facility acquisition, construction, 
     or expansion; and the purchase of passenger motor vehicles 
     (not to exceed 6 for replacement only), $5,311,974,000, to 
     remain available until expended, of which $65,000,000 shall 
     be available only for ``Closure Projects'' to accelerate 
     closure of specific facilities and thereby significantly 
     reduce outyear costs; and, in addition, $343,000,000 for 
     privatization projects, to remain available until expended.


                        other defense activities

       For Department of Energy expenses, including the purchase, 
     construction and acquisition of plant and capital equipment 
     and other expenses necessary for atomic energy defense, other 
     defense activities, in carrying out the purposes of the 
     Department of Energy Organization Act (42 U.S.C. 7101, et 
     seq.), including the acquisition or condemnation of any real 
     property or any facility or for plant or facility 
     acquisition, construction, or expansion, and the purchase of 
     passenger motor vehicles (not to exceed 2 for replacement 
     only), $1,637,981,000, to remain available until expended.

                     defense nuclear waste disposal

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

                    Power Marketing Administrations


         Operation and Maintenance, Alaska Power Administration

       For necessary expenses of operation and maintenance of 
     projects in Alaska and of marketing electric power and 
     energy, $3,500,000, to remain available until expended; and, 
     in addition, $20,000,000 for capital assets acquisition, to 
     remain available until expended.


                  Bonneville Power Administration Fund

       Expenditures from the Bonneville Power Administration Fund, 
     established pursuant to Public Law 93-454, are approved for 
     the anadromous fish supplementation facilities in the Yakima 
     River Basin, Methow River Basin and Upper Snake River Basin, 
     for the Billy Shaw Reservoir resident fish substitution 
     project, and for the resident trout fish culture facility in 
     southeast Idaho; and for official reception and 
     representation expenses in an amount not to exceed $3,000.
       During fiscal year 1998, no new direct loan obligations may 
     be made.


      Operation and Maintenance, Southeastern Power Administration

       For necessary expenses of operation and maintenance of 
     power transmission facilities and of marketing electric power 
     and energy pursuant to the provisions of section 5 of the 
     Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the 
     southeastern power area, $12,222,000, to remain available 
     until expended; in addition, notwithstanding 31 U.S.C. 3302, 
     not to exceed $20,000,000 in reimbursements for transmission 
     wheeling and ancillary services, to remain available until 
     expended.


      Operation and Maintenance, Southwestern Power Administration

       For necessary expenses of operation and maintenance of 
     power transmission facilities and of marketing electric power 
     and energy, and for construction and acquisition of 
     transmission lines, substations and appurtenant facilities, 
     and for administrative expenses, including official reception 
     and representation expenses in an amount not to exceed $1,500 
     in carrying out the provisions of section 5 of the Flood 
     Control Act of 1944 (16 U.S.C. 825s), as applied to the 
     southwestern power area, $26,500,000, to remain available 
     until expended; in addition, notwithstanding the provisions 
     of 31 U.S.C. 3302, not to exceed $4,650,000 in 
     reimbursements, to remain available until expended.


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

                     (including transfer of funds)

       For carrying out the functions authorized by title III, 
     section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 
     7101, et seq.), and other related activities including 
     conservation and renewable resources programs as authorized, 
     including the replacement of not more than 2 helicopters 
     through transfers, exchange, or sale, and official reception 
     and representation expenses in an amount not to exceed 
     $1,500, $180,334,000, to remain available until expended, of 
     which $174,935,000 shall be derived from the Department of 
     the Interior Reclamation Fund: Provided, That of the amount 
     herein appropriated, $5,592,000 is for deposit into the Utah 
     Reclamation Mitigation and Conservation Account pursuant to 
     title IV of the Reclamation Projects Authorization and 
     Adjustment Act of 1992: Provided further, That the Secretary 
     of the Treasury is authorized to transfer from the Colorado 
     River Dam Fund to the Western Area Power Administration 
     $5,592,000 to carry out the power marketing and transmission 
     activities of the Boulder Canyon project as provided in 
     section 104(a)(4) of the Hoover Power Plant Act of 1984, to 
     remain available until expended.


           Falcon and Amistad Operating and Maintenance Fund

       For operation, maintenance, and emergency costs for the 
     hydroelectric facilities at the Falcon and Amistad Dams, 
     $1,065,000, to remain available until expended, and to be 
     derived from the Falcon and Amistad Operating and Maintenance 
     Fund of the Western Area Power Administration, as provided in 
     section 423 of the Foreign Relations Authorization Act, 
     fiscal years 1994 and 1995.

                  Federal Energy Regulatory Commission


                         salaries and expenses

       For necessary expenses of the Federal Energy Regulatory 
     Commission to carry out the provisions of the Department of 
     Energy Organization Act (42 U.S.C. 7101, et seq.), including 
     services as authorized by 5 U.S.C. 3109, the hire of 
     passenger motor vehicles, and official reception and 
     representation expenses (not to exceed $3,000), $162,141,000, 
     to remain available until expended: Provided, That 
     notwithstanding any other provision of law, not to exceed 
     $162,141,000 of revenues from fees and annual charges, and 
     other services and collections in fiscal year 1998 shall be 
     retained and used for necessary expenses in this account, and 
     shall remain available until expended: Provided further, That 
     the sum herein appropriated from the General Fund shall be 
     reduced as revenues are received during fiscal year 1998 so 
     as to result in a final fiscal year 1998 appropriation from 
     the General Fund estimated at not more than $0.

[[Page S7543]]

                                TITLE IV

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

       For expenses necessary to carry out the programs authorized 
     by the Appalachian Regional Development Act of 1965, as 
     amended, notwithstanding section 405 of said Act, and for 
     necessary expenses for the Federal Co-Chairman and the 
     alternate on the Appalachian Regional Commission and for 
     payment of the Federal share of the administrative expenses 
     of the Commission, including services as authorized by 5 
     U.S.C. 3109, and hire of passenger motor vehicles, 
     $160,000,000, to remain available until expended.

                Defense Nuclear Facilities Safety Board


                         Salaries and Expenses

       For necessary expenses of the Defense Nuclear Facilities 
     Safety Board in carrying out activities authorized by the 
     Atomic Energy Act of 1954, as amended by Public Law 100-456, 
     section 1441, $17,500,000, to remain available until 
     expended.

                     Nuclear Regulatory Commission


                         Salaries and Expenses

                     (including transfer of funds)

       For necessary expenses of the Commission in carrying out 
     the purposes of the Energy Reorganization Act of 1974, as 
     amended, and the Atomic Energy Act of 1954, as amended, 
     including the employment of aliens; services authorized by 5 
     U.S.C. 3109; publication and dissemination of atomic 
     information; purchase, repair, and cleaning of uniforms; 
     official representation expenses (not to exceed $20,000); 
     reimbursements to the General Services Administration for 
     security guard services; hire of passenger motor vehicles and 
     aircraft, $476,500,000, to remain available until expended: 
     Provided, That of the amount appropriated herein, $17,000,000 
     shall be derived from the Nuclear Waste Fund: Provided 
     further, That from this appropriation, transfer of sums may 
     be made to other agencies of the Government for the 
     performance of the work for which this appropriation is made, 
     and in such cases the sums so transferred may be merged with 
     the appropriation to which transferred: Provided further, 
     That moneys received by the Commission for the cooperative 
     nuclear safety research program, services rendered to State 
     governments, foreign governments and international 
     organizations, and the material and information access 
     authorization programs, including criminal history checks 
     under section 149 of the Atomic Energy Act may be retained 
     and used for salaries and expenses associated with those 
     activities, notwithstanding 31 U.S.C. 3302, and shall remain 
     available until expended: Provided further, That revenues 
     from licensing fees, inspection services, and other services 
     and collections estimated at $457,500,000 in fiscal year 1998 
     shall be retained and used for necessary salaries and 
     expenses in this account, notwithstanding 31 U.S.C. 3302, and 
     shall remain available until expended: Provided further, That 
     the funds herein appropriated for regulatory reviews and 
     other assistance provided to the Department of Energy and 
     other Federal agencies shall be excluded from license fee 
     revenues, notwithstanding 42 U.S.C. 2214: Provided further, 
     That the sum herein appropriated shall be reduced by the 
     amount of revenues received during fiscal year 1998 from 
     licensing fees, inspection services and other services and 
     collections, excluding those moneys received for the 
     cooperative nuclear safety research program, services 
     rendered to State governments, foreign governments and 
     international organizations, and the material and information 
     access authorization programs, so as to result in a final 
     fiscal year 1997 appropriation estimated at not more than 
     $19,000,000.

                      Office of Inspector General


                     (including transfer of funds)

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, as amended, including services authorized by 5 
     U.S.C. 3109, $4,800,000, to remain available until expended; 
     and in addition, an amount not to exceed 5 percent of this 
     sum may be transferred from Salaries and Expenses, Nuclear 
     Regulatory Commission: Provided, That notice of such 
     transfers shall be given to the Committees on Appropriations 
     of the House and Senate: Provided further, That from this 
     appropriation, transfers of sums may be made to other 
     agencies of the Government for the performance of the work 
     for which this appropriation is made, and in such cases the 
     sums so transferred may be merged with the appropriation to 
     which transferred: Provided further, That revenues from 
     licensing fees, inspection services, and other services and 
     collections shall be retained and used for necessary salaries 
     and expenses in this account, notwithstanding 31 U.S.C. 3302, 
     and shall remain available until expended: Provided further, 
     That the sum herein appropriated shall be reduced by the 
     amount of revenues received during fiscal year 1998 from 
     licensing fees, inspection services, and other services and 
     collections, so as to result in a final fiscal year 1998 
     appropriation estimated at not more than $0.

                  Nuclear Waste Technical Review Board

                         salaries and expenses

       For necessary expenses of the Nuclear Waste Technical 
     Review Board, as authorized by Public Law 100-203, section 
     5051, $3,200,000, to be derived from the Nuclear Waste Fund, 
     and to remain available until expended.

                       Tennessee Valley Authority

       For the purpose of carrying out the provisions of the 
     Tennessee Valley Authority Act of 1933, as amended (16 U.S.C. 
     ch. 12A), including hire, maintenance, and operation of 
     aircraft, and purchase and hire of passenger motor vehicles, 
     $86,000,000, to remain available until expended:

                                TITLE V

                           GENERAL PROVISIONS

       Sec. 501. (a) Purchase of American-Made Equipment and 
     Products.--It is the sense of the Congress that, to the 
     greatest extent practicable, all equipment and products 
     purchased with funds made available in this Act should be 
     American-made.
       (b) Notice Requirement.--In providing financial assistance 
     to, or entering into any contract with, any entity using 
     funds made available in this Act, the head of each Federal 
     agency, to the greatest extent practicable, shall provide to 
     such entity a notice describing the statement made in 
     subsection (a) by the Congress.
       (c) Prohibition of Contracts With Persons Falsely Labeling 
     Products as Made in America.--If it has been finally 
     determined by a court or Federal agency that any person 
     intentionally affixed a label bearing a ``Made in America'' 
     inscription, or any inscription with the same meaning, to any 
     product sold in or shipped to the United States that is not 
     made in the United States, the person shall be ineligible to 
     receive any contract or subcontract made with funds made 
     available in this Act, pursuant to the debarment, suspension, 
     and ineligibility procedures described in sections 9.400 
     through 9.409 of title 48, Code of Federal Regulations.
       Sec. 502. Section 1621 of title XVI of the Reclamation 
     Wastewater and Groundwater Act, Public Law 104-266, is 
     amended by--
       (1) striking ``Study'' in the section title, and inserting 
     ``Project'';
       (2) inserting in subsection (a) ``planning, design, and 
     construction of the'' following ``to participate in the''; 
     and
       (3) inserting in subsection (a) ``and nonpotable surface 
     water'' following ``impaired ground water''.
       Sec. 503. Section 1208(a)(2) of the Yavapai-Prescott Indian 
     Treaty Settlement Act of 1994 (Public Law 103-434) is amended 
     by striking ``$4,000,000 for construction'' and inserting in 
     lieu thereof ``$13,000,000, at 1997 prices, for construction 
     plus or minus such amounts as may be justified by reason of 
     ordinary fluctuations of applicable cost indexes''.
       Sec. 504. (a) The State of West Virginia shall receive 
     credit towards its required contribution under Contract No. 
     DACW59-C-0071 for the cost of recreational facilities to be 
     constructed by a joint venture of the State in cooperation 
     with private interests for recreation development at 
     Stonewall Jackson Lake, West Virginia, except that the State 
     shall receive no credit for costs associated with golf course 
     development and the amount of the credit may not exceed the 
     amount owed by the State under the Contract.
       (b) The Corps of Engineers shall revise both the 1977 
     recreation cost-sharing agreement and the Park and Recreation 
     Lease dated October 2, 1995 to remove the requirement that 
     such recreation facilities are to be owned by the Government 
     at the time of their completion as contained in Article 2-06 
     of the cost-sharing agreement and Article 36 of the lease.
       (c) Nothing in this section shall reduce the amount of 
     funds owed the United States Government pursuant to the 1977 
     recreation cost-sharing agreement.
       Sec. 505. (a) In General.--For fiscal year 1998 and each 
     fiscal year thereafter, appropriations, made for the Bureau 
     of Reclamation may be used by the Secretaries of the Interior 
     for the purpose of entering into cooperative agreements with 
     willing private landowners for restoration and enhancement of 
     fish, wildlife, and other resources on public or private land 
     or both that benefit the water and lands within a watershed 
     that contains a Bureau of Reclamation project.
       (b) Direct and Indirect Watershed Agreements.--The 
     Secretary of the Interior may enter into a watershed 
     restoration and enhancement agreement--
       (1) directly with a willing private landowner, or
       (2) indirectly through an agreement with a State, local, or 
     tribal government or other public entity, educational 
     institution, or private nonprofit organization.
       (c) Terms and Conditions.--In order for the Secretary to 
     enter into a watershed restoration and enhancement 
     agreement--
       (1) the agreement shall--
       (A) include such terms and conditions mutually agreed to by 
     the Secretary and the landowner;
       (B) improve the viability of and otherwise benefit the 
     fish, wildlife, and other resources on, in the watershed;
       (C) authorize the provision of technical assistance by the 
     Secretary in the planning of activities that will further the 
     purposes of the agreement;
       (D) provide for the sharing of costs of implementing the 
     agreement among the Federal Government, the landowner, and 
     other entities, as mutually agreed on by the affected 
     interests; and
       (E) ensure that any expenditures by the Secretary pursuant 
     to the agreement is determined by the Secretary to be in the 
     public interest; and
       (2) the Secretary may require such other terms and 
     conditions as are necessary to protect the public investment 
     on private lands:

[[Page S7544]]

     Provided, That such terms and conditions are mutually agreed 
     to by the Secretary and the landowner.
       This Act may be cited as the ``Energy and Water Development 
     Appropriations Act, 1998''.

                          ____________________