[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''.
____________________