[Congressional Record Volume 143, Number 131 (Friday, September 26, 1997)]
[House]
[Pages H7917-H8003]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     CONFERENCE REPORT ON H.R. 2203, ENERGY AND WATER DEVELOPMENT 
                        APPROPRIATIONS ACT, 1998

  Mr. LIVINGSTON submitted the following conference report and 
statement on the bill (H.R. 2203) making appropriations for energy and 
water development for the fiscal year ending September 30, 1998, and 
for other purposes:

                  Conference Report (H. Rept. 105-271)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the Senate to the bill (H.R. 
     2203) ``making appropriations for energy and water 
     development for the fiscal year ending September 30, 1998, 
     and for other purposes'', having met, after full and free 
     conference, have agreed to recommend and do recommend to 
     their respective Houses as follows:
       That the House recede from its disagreement to the 
     amendment of the Senate, and agree to the same with an 
     amendment, as follows:
       In lieu of the matter stricken and inserted by said 
     amendment, insert:

     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the fiscal year 
     ending September 30, 1998, for energy and water development, 
     and for other purposes, namely:

                                TITLE I

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

       The following appropriations shall be expended under the 
     direction of the Secretary of the Army and the supervision of 
     the Chief of Engineers for authorized civil functions of the 
     Department of the Army pertaining to rivers and harbors, 
     flood control, beach erosion, and related purposes.


                         general investigations

       For expenses necessary for the collection and study of 
     basic information pertaining to river and harbor, flood 
     control, shore protection, and related projects, restudy of 
     authorized projects, miscellaneous investigations, and, when 
     authorized by laws, surveys and detailed studies and plans 
     and specifications of projects prior to construction, 
     $156,804,000, to remain available until expended, of which 
     funds are provided for the following projects in the amounts 
     specified:
       Delaware Bay Coastline, Delaware and New Jersey, $456,000;
       Tampa Harbor, Alafia Channel, Florida, $270,000;
       Laulaulei, Hawaii, $200,000;
       Barnegat Inlet to Little Egg Harbor Inlet, New Jersey, 
     $400,000;
       Brigantine Inlet to Great Egg Harbor Inlet, New Jersey, 
     $472,000;
       Great Egg Harbor Inlet to Townsends Inlet, New Jersey, 
     $400,000;
       Lower Cape May Meadows--Cape May Point, New Jersey, 
     $154,000;
       Manasquan Inlet to Barnegat Inlet, New Jersey, $400,000;
       Raritan Bay to Sandy Hook Bay (Cliffwood Beach), New 
     Jersey, $300,000;
       Townsends Inlet to Cape May Inlet, New Jersey, $500,000; 
     and
       Monongahela River, Fairmont, West Virginia, $350,000:

     Provided, That the Secretary of the Army, acting through the 
     Chief of Engineers, is directed to use $600,000 of the funds 
     appropriated in Public Law 102-377 for the Red River 
     Waterway, Shreveport, Louisiana, to Daingerfield, Texas, 
     project for the feasibility phase of the Red River 
     Navigation, Southwest Arkansas, study: Provided further, That 
     the Secretary of the Army, acting through the Chief of 
     Engineers, is directed to use $470,000 of the funds 
     appropriated herein to initiate the feasibility phase for 
     the Metropolitan Louisville, Southwest, Kentucky, study: 
     Provided further, That the Secretary of the Army is 
     directed to use $500,000 of the funds appropriated herein 
     to implement section 211(f)(7) of Public Law 104-303 (110 
     Stat. 3684) and to reimburse the non-Federal sponsor a 
     portion of the Federal share of project costs for the 
     Hunting Bayou element of the project for flood control, 
     Buffalo Bayou and tributaries, Texas: Provided further, 
     That the Secretary of the Army is directed to use $150,000 
     of the funds appropriated herein to implement section 
     211(f)(8) of Public Law 104-303 (110 Stat. 3684) and to 
     reimburse the non-Federal sponsor a portion of the Federal 
     share of project costs for the project for flood control, 
     White Oak Bayou watershed, Texas.


                         construction, general

       For the prosecution of river and harbor, flood control, 
     shore protection, and related projects authorized by laws; 
     and detailed studies, and plans and specifications, of 
     projects (including those for development with participation 
     or under consideration for participation by States, local 
     governments, or private groups) authorized or made eligible 
     for selection by law (but such studies shall not constitute a 
     commitment of the Government to construction), 
     $1,473,373,000, to remain available until expended, of which 
     such sums as are necessary pursuant to Public Law 99-662 
     shall be derived from the Inland Waterways Trust Fund, for 
     one-half of the costs of construction and rehabilitation of 
     inland waterways projects, including rehabilitation costs for 
     the Lock and Dam 25, Mississippi River, Illinois and 
     Missouri; Lock and Dam 14, Mississippi River, Iowa; Lock and 
     Dam 24, Mississippi River, Illinois and Missouri; and Lock 
     and Dam 3, Mississippi River, Minnesota, projects, and of 
     which funds are provided for the following projects in the 
     amounts specified:
       Arkansas River, Tucker Creek, Arkansas, $300,000;
       Norco Bluffs, California, $1,000,000;
       San Timoteo Creek (Santa Ana River Mainstem), California, 
     $5,000,000;
       Panama City Beaches, Florida, $5,000,000;
       Tybee Island, Georgia, $2,000,000;
       Indianapolis Central Waterfront, Indiana, $5,000,000;
       Indiana Shoreline Erosion, Indiana, $3,000,000;
       Lake George, Hobart, Indiana, $3,500,000;
       Ohio River Flood Protection, Indiana, $1,300,000;
       Harlan, Williamsburg, and Middlesboro, Kentucky, elements 
     of the Levisa and Tug Forks of the Big Sandy River and Upper 
     Cumberland River, $26,390,000;
       Martin County, Kentucky, element of the Levisa and Tug 
     Forks of the Big Sandy River and Upper Cumberland River, 
     $5,000,000;
       Pike County, Kentucky, element of the Levisa and Tug Forks 
     of the Big Sandy River and Upper Cumberland River, 
     $5,300,000;
       Town of Martin (Levisa and Tug Forks of the Big Sandy River 
     and Upper Cumberland River), Kentucky, $700,000;
       Salyersville, Kentucky, $2,050,000;
       Southern and Eastern Kentucky, Kentucky, $3,000,000;
       Lake Pontchartrain and Vicinity (Hurricane Protection), 
     Louisiana, $22,920,000;
       Lake Pontchartrain (Jefferson Parish) Stormwater Discharge, 
     Louisiana, $3,000,000;
       Jackson County, Mississippi, $3,000,000;
       Natchez Bluff, Mississippi, $4,000,000;
       Pearl River, Mississippi (Walkiah Bluff), $2,000,000;
       Joseph G. Minish Passaic River Park, New Jersey, 
     $3,000,000;
       Hudson River, Athens, New York, $8,700,000;
      Lackawanna River, Olyphant, Pennsylvania, $1400,000;
      Lackawanna River, Scranton, Pennsylvania, $5,425,000;
      Lycoming County, Pennsylvania, $339,000;
      South Central Pennsylvania Environment Improvement Program, 
     $30,000,000, of which $10,000,000 shall be available only for 
     water-related environmental infrastructure and resource 
     protection and development projects in Lackawanna, Lycoming, 
     Susquenhanna, Wyoming, Pike, and Monroe counties in 
     Pennsylvania in accordance with the purposes of subsection 
     (a) and requirements of subsection (b) through (e)

[[Page H7918]]

     of section 313 of the Water Resources Development Act of 
     1992, as amended;
      Wallisville Lake, Texas, $9,200,000;
      Virginia Beach, Virginia (Reimbursement), $925,000;
      Virginia Beach, Virginia (Hurricane Protection), 
     $13,000,000;
      West Virginia and Pennsylvania Flood Control, West Virginia 
     and Pennsylvania, $3,000,000;
      Hatfield Bottom (Levisa and Tug Forks of the Big Sand River 
     and Upper Cumberland River), West Virginia, $1,000,000;
      Lower Mingo (Kermit) (Levisa and Tug Forks of the Big Sand 
     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 Sand 
     River and Upper Cumberland River), West Virginia, $3,000,000;
      Levisa Basin Flood Warning System (Levisa and Tug Forks of 
     the Big Sandy River and Upper Cumberland River), Kentucky and 
     Virginia, $400,000;
      Tug Fork Basin Flood Warning System (Levisa and Tug Forks of 
     the Big Sandy River and Upper Cumberland River), West 
     Virginia, $400,000; and
        Wayne County (Levisa and Tug Forks of the Big Sandy River 
     and Upper Cumberland River), West Virginia, $1,200,000:

     Provided, That the Secretary of the Army, acting through the 
     Chief of Engineers, is directed to proceed with design and 
     construction of the Southeast Louisiana, Louisiana, project 
     and to award continuing contracts, which are not to be 
     considered fully funded, beginning in fiscal year 1998 
     consistent with the limit of the authorized appropriation 
     ceiling: Provided further, That the Secretary of the Army 
     acting through the Chief of Engineers, is directed to use 
     $225,000 of funds provided herein to construct necessary 
     repairs to the flume and conduit for flood control at the 
     Hagerman's Run, Williamsport, Pennsylvania, flood control 
     project: Provided further, That the Secretary of the Army is 
     directed to incorporate the economic analyses for the Green 
     Ridge and Plot sections of the Lackawanna River, Scranton, 
     Pennsylvania, project with the economic analysis for the 
     Albright Street section of the project, and to cost-share and 
     implement these combined sections as a single project with no 
     separable elements, except that each section may be 
     undertaken individually when the non-Federal sponsor provides 
     the applicable local cooperation requirements: Provided 
     further, That section 114 of Public Law 101-101, the Energy 
     and Water Development Appropriations Act, 1990, is amended by 
     striking ``total cost of $19,600,000'' and inserting in lieu 
     thereof, ``total cost of $40,000,000'': Provided further, 
     That the Secretary of the Army, acting through the Chief of 
     Engineers, is authorized and directed to combine the 
     Wilmington Harbor--Northeast Cape Fear River, North Carolina, 
     project authorized in section 202(a) of the Water Resources 
     Development Act of 1986, the Wilmington Harbor, Channel 
     Widening, North Carolina, project authorized in section 
     101(a)(23) of the Water Resources Development Act of 1996, 
     and the Cape Fear--Northeast (Cape Fear) Rivers, North 
     Carolina, project authorized in section 101(a)(22) of the 
     Water Resources Development Act of 1996 into a single project 
     with one Project Cooperation Agreement based on cost sharing 
     as a single project: Provided further, That The Secretary of 
     the Army, acting through the Chief of Engineers, is directed 
     to use $20,000,000 of the funds appropriated herein to 
     initiate construction of the Houston-Galveston Navigation 
     Channels, Texas, project and execute a Project Cooperation 
     Agreement for the entire project authorized in the Water 
     Resources Development Act of 1996, Public Law 104-303: 
     Provided further, That the Secretary of the Army acting 
     through the Chief of Engineers, may use up to $5,000,000 of 
     the funding appropriated herein to initiate construction of 
     an emergency outlet from Devils Lake, North Dakota, to the 
     Sheyenne river, and that this amount is designated by 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (2 U.S.C. 901(b)(2)(D)(i)); except that 
     funds shall not become available unless the Secretary of the 
     Army determines that an emergency (as defined in section 102 
     of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5122)) exists with respect to the 
     emergency need for the outlet and reports to Congress that 
     the construction is technically sound, economically 
     justified, and environmentally acceptable and in 
     compliance with the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.): Provided further, That the 
     economic justification for the emergency outlet shall be 
     prepared in accordance with the principles and guidelines 
     for economic evaluation as required by regulations and 
     procedures of the Army Corps of Engineers for all flood 
     control projects, and that the economic justification be 
     fully described, including the analysis of the benefits 
     and costs, in the project plan documents: Provided 
     further, That the plans for the emergency outlet shall be 
     reviewed and, to be effective, shall contain assurances 
     provided by the Secretary of State, after consultation 
     with the International Joint Commission, that the project 
     will not violate the requirements or intent of the Treaty 
     Between the United States and Great Britain Relating to 
     Boundary Waters Between the United States and Canada, 
     signed at Washington January 11, 1909 (36 Stat. 2448; TS 
     548) (commonly known as the ``Boundary Waters Treaty of 
     1909''): Provided further, That the Secretary of the Army 
     shall submit the final plans and other documents for the 
     emergency outlet to Congress: Provided further, That no 
     funds made available under this Act or any other Act for 
     any fiscal year may be used by the Secretary of the Army 
     to carry out the portion of the feasibility study of the 
     Devils Lake Basin, North Dakota, authorized under the 
     Energy and Water Development Appropriations Act, 1993 
     (Public Law 102-377), that addresses the needs of the area 
     for stabilized lake levels through inlet controls, or to 
     otherwise study any facility or carry out any activity 
     that would permit the transfer of water from the Missouri 
     River Basin into Devils Lake: Provided further, That the 
     entire amount of $5,000,000 shall be available only to the 
     extent an official budget request, that includes the 
     designation of the entire amount of the request as an 
     emergency requirement as defined by the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress: Provided 
     further, That the Secretary of the Army is directed to use 
     $2,000,000 of the funds appropriated herein to implement 
     section 211(f)(6) of Public Law 104-303 (110 Stat. 3683) 
     and to reimburse the non-Federal sponsor a portion of the 
     Federal share of project construction costs for the flood 
     control components comprising the Brays Bayou element of 
     the project for flood control, Buffalo Bayou and 
     tributaries, Texas.


 FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES, ARKANSAS, ILLINOIS, 
       KENTUCKY, LOUISIANA, MISSISSIPPI, MISSOURI, AND TENNESSEE

       For expenses necessary for prosecuting work of flood 
     control, and rescue work, repair, restoration, or maintenance 
     of flood control projects threatened or destroyed by flood, 
     as authorized by law (33 U.S.C. 702a, 702g-1), $296,212,000, 
     to remain available until expended: Provided, That 
     notwithstanding the funding limitations set forth in Public 
     Law 104-6 (109 Stat. 85), the Secretary of the Army, acting 
     through the Chief of Engineers, is authorized and directed to 
     use additional funds appropriated herein or previously 
     appropriated to complete remedial measures to prevent slope 
     instability at Hickman Bluff, Kentucky: Provided further, 
     That, using funds appropriated in this Act, the Secretary of 
     the Army may construct the Ten and Fifteen Mile Bayou channel 
     enlargement as an integral part of the work accomplished on 
     the St. Francis Basin, Arkansas and Missouri Project, 
     authorized by the Flood Control Act of 1950: Provided 
     further, That the Secretary of the Army, acting through the 
     Chief of Engineers, is directed to use up to $4,000,000, 
     including the $1,900,000 appropriated herein, to dredge 
     Sardis Lake, Mississippi, at 100 percent Federal cost, so 
     that the City of Sardis, Mississippi, may proceed with its 
     development of the valuable resources of Sardis Lake in 
     Mississippi, consistent with language provided in House 
     Report 104-679, accompanying the Fiscal Year 1997 Energy 
     and Water Development Appropriations Act (Public Law 104-
     206): Provided further, That within available funds, the 
     Secretary of the Army, acting through the Chief of 
     Engineers, is directed to conduct, at 100 percent Federal 
     cost, the necessary Environmental Assessment and Impact 
     Studies for the initial components of Sardis Lake 
     development as provided in the Sardis Lake Recreation and 
     Tourism Master Plan, Phase II.


                   operation and maintenance, general

       For expenses necessary for the preservation, operation, 
     maintenance, and care of existing river and harbor, flood 
     control, and related works, including such sums as may be 
     necessary for the maintenance of harbor channels provided by 
     a State, municipality or other public agency, outside of 
     harbor lines, and serving essential needs of general commerce 
     and navigation; surveys and charting of northern and 
     northwestern lakes and connecting waters; clearing and 
     straightening channels; and removal of obstructions to 
     navigation, $1,740,025,000, to remain available until 
     expended, of which such sums as become available in the 
     Harbor Maintenance Trust Fund, pursuant to Public Law 99-662, 
     may be derived from that Fund, and of which such sums as 
     become available from the special account established by the 
     Land and Water Conservation Act of 1965, as amended (16 
     U.S.C. 460l), may be derived from that Fund for construction, 
     operation, and maintenance of outdoor recreation facilities, 
     and of which funds are provided for the following projects in 
     the amounts specified:
       Anclote River, Florida, $1,500,000;
       Beverly Shores, Indiana, $1,700,000;
       Boston Harbor, Massachusetts, $16,500,000;
       Flint River, Michigan, $875,000; and
       Raystown Lake, Pennsylvania, $4,690,000:

     Provided, That the Secretary of the Army, acting through the 
     Chief of Engineers, is directed to use funds appropriated in 
     Public Law 104-206 to reimburse the local sponsor of the Fort 
     Myers Beach, Florida, project for the maintenance dredging 
     performed by the local sponsor to open the authorized channel 
     to navigation in fiscal year 1996: Provided further, That no 
     funds, whether appropriated, contributed, or otherwise 
     provided, shall be available to the United States Army Corps 
     of Engineers for the purpose of acquiring land in Jasper 
     County, South Carolina, in connection with the Savannah 
     Harbor navigation project: Provided, further, That the 
     Secretary of the Army, acting through the Chief of Engineers, 
     is authorized and directed to dredge a navigational channel 
     in the Chena River at Fairbanks, Alaska, from its confluence 
     with the Tanana River upstream to the University Road Bridge 
     that will allow the safe passage during normal water levels 
     of vessels up to 350 feet in length, 60 feet in width, and 
     drafting up to 3 feet: Provided further, That using 
     $6,000,000 of funds appropriated herein, the Secretary of the 
     Army is directed to extend the navigation channel on the 
     Allegheny River, Pennsylvania, project to provide passenger 
     boat access to the Kittanning, Pennsylvania, Riverfront Park: 
     Provided further, That the Secretary of the Army, acting 
     through the Chief of Engineers, is

[[Page H7919]]

     directed to use $2,500,000 of the funds provided herein to 
     implement measures upstream of Lake Cumberland, Kentucky, to 
     intercept and dispose of solid waste.


                           regulatory program

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


                 flood control and coastal emergencies

       For expenses necessary for emergency flood control, 
     hurricane, and shore protection activities, as authorized by 
     section 5 of the Flood Control Act approved August 18, 1941, 
     as amended, $4,000,000, to remain available until expended.


            formerly utilized sites remedial action program

                     (including transfer of funds)

       For expenses necessary to administer and execute the 
     Formerly Utilized Sites Remedial Action Program to clean up 
     contaminated sites throughout the United States where work 
     was performed as part of the Nation's early atomic energy 
     program, $140,000,000, to remain available until expended: 
     Provided, That the unexpended balances of prior 
     appropriations provided for these activities in this Act or 
     any previous Energy and Water Development Appropriations Act 
     may be transferred to and merged with this appropriation 
     account, and thereafter, may be accounted for as one fund for 
     the same time period as originally enacted.


                            general expenses

       For expenses necessary for general administration and 
     related functions in the Office of the Chief of Engineers and 
     offices of the Division Engineers, activities of the Coastal 
     Engineering Research Board, the Humphreys Engineer Center 
     Support Activity, the Engineering Strategic Studies Center, 
     the Water Resources Support Center, and the USACE Finance 
     Center, and for costs of implementing the Secretary of the 
     Army's plan to reduce the number of division offices as 
     directed in title I, Public Law 104-206, $148,000,000, to 
     remain available until expended: Provided, That no part of 
     any other appropriation provided in title I, of this Act 
     shall be available to fund the activities of the Office of 
     the Chief of Engineers or the executive direction and 
     management activities of the division offices.


                             revolving fund

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


                        administrative provision

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

                           GENERAL PROVISIONS

                       Corps of Engineers--Civil

       Sec. 101. In fiscal year 1998, the Secretary of the Army is 
     authorized and directed to provide planning, design and 
     construction assistance to non-Federal interests in carrying 
     out water related environmental infrastructure and 
     environmental resources development projects in Alaska, 
     including assistance for wastewater treatment and related 
     facilities; water supply, storage, treatment and distribution 
     facilities; and development, restoration or improvement of 
     wetlands and other aquatic areas for the purpose of 
     protection and 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 projects, and pay 50 per centum of the costs of required 
     feasibility studies, 25 per centum of the costs of designing 
     and constructing the project, and 100 per centum of the costs 
     of operation, maintenance, repair, replacement or 
     rehabilitation of the project: Provided further, That the 
     value of lands, easements, rights-of-way, relocations and 
     dredged material disposal areas provided by the non-Federal 
     interest shall be credited toward the non-Federal share, not 
     to exceed 25 per centum, of the costs of designing and 
     constructing the project: Provided further, That utilizing 
     $5,000,000 of the funds appropriated herein, the Secretary is 
     directed to carry out this section.
       Sec. 102. 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 construct the Oak Way detention structure or the Sky 
     Top detention structure in Berkeley Heights, New Jersey, as 
     part of the project for flood control, Green Brook Sub-basin, 
     Raritan River Basin, New Jersey, authorized by section 401(a) 
     of the Water Resources Development Act of 1986 (Public Law 
     99-662, 100 Stat. 4119).

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project


                central utah project completion account

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

                         Bureau of Reclamation

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


                      WATER AND RELATED RESOURCES

                     (including transfer of funds)

       For management, development, and restoration of water and 
     related natural resources and for related activities, 
     including the operation, maintenance and rehabilitation of 
     reclamation and other facilities, participation in fulfilling 
     related Federal responsibilities to Native Americans, and 
     related grants to, and cooperative and other agreements with, 
     State and local governments, Indian tribes, and others, 
     $694,348,000, to remain available until expended, of which 
     $18,758,000 shall be available for transfer to the Upper 
     Colorado River Basin Fund and $56,442,000 shall be available 
     for transfer to the Lower Colorado River Basin Development 
     Fund, and of which such amounts as may be necessary may be 
     advanced to the Colorado River Dam Fund: Provided, That such 
     transfers may be increased or decreased within the overall 
     appropriation under this heading: Provided further, That of 
     the total appropriated, the amount for program activities 
     that can be financed by the Reclamation Fund or the Bureau of 
     Reclamation special fee account established by 16 U.S.C. 
     460l--6a(i) shall be derived from that Fund or account: 
     Provided further, That funds contributed under 43 U.S.C. 395 
     are available until expended for the purposes for which 
     contributed: Provided further, That funds advanced under 43 
     U.S.C. 397a shall be credited to this account and are 
     available until expended for the same purposes as the sums 
     appropriated under this heading: Provided further, That any 
     amounts provided for the safety of dams modification work at 
     Coolidge Dam, San Carlos Irrigation Project, Arizona, are in 
     addition to the amount authorized in 43 U.S.C. 509: Provided 
     further, That using $500,000 of funds appropriated herein, 
     the Secretary of the Interior shall undertake a non-
     reimbursable project to install drains in the Pena Blanca 
     area of New Mexico to prevent seepage from Cochiti Dam: 
     Provided further, That funds available for expenditure for 
     the Department Irrigation Drainage Program may be expended by 
     the Bureau of Reclamation for site remediation on a 
     nonreimbursable basis: Provided further, That the amount 
     authorized for Indian municipal, rural, and industrial water 
     features by Section 10 of Public Law 89-108, as amended by 
     Section 8 of Public Law 99-294 and Section 1701(b) of Public 
     Law 102-575, is increased by $1,300,000 (October, 1997 
     prices): Provided further, That the unexpended balances of 
     the Bureau of Reclamation appropriation accounts for 
     ``Construction Program (Including Transfer of Funds)'', 
     ``General Investigations'', ``Emergency Fund'', and 
     ``Operation and Maintenance'' shall be transferred to and 
     merged with this account, to be available for the purposes 
     for which they originally were appropriated: Provided 
     further, That the Secretary of the Interior may use 
     $2,500,000 of funds appropriated herein to initiate 
     construction of the McCall Area Wastewater Reclamation and 
     Reuse, Idaho, project.


               bureau of reclamation loan program account

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


                central valley project restoration fund

       For carrying out the programs, projects, plans, and habitat 
     restoration, improvement, and acquisition provisions of the 
     Central Valley Project Improvement Act, such sums as may be 
     collected in the Central Valley Project Restoration Fund 
     pursuant to sections 3407(d), 3404(c)(3), 3405(f), and 
     3406(c)(1) of Public Law 102-575, to remain available until 
     expended: Provided, That the Bureau of Reclamation is 
     directed to levy additional mitigation and restoration 
     payments totaling no more than $25,130,000 (October 1992 
     price levels) on a three-year rolling average basis, as 
     authorized by section 3407(d) of Public Law 102-575.


               california bay-delta ecosystem restoration

                     (including transfer of funds)

       For necessary expenses of the Department of the Interior 
     and other participating Federal agencies in carrying out the 
     California Bay-Delta Environmental Enhancement and Water 
     Security Act consistent with plans to be approved by the 
     Secretary of the Interior, in consultation with such Federal 
     agencies, $85,000,000, to remain available until expended, of 
     which such amounts as may be necessary to

[[Page H7920]]

     conform with such plans shall be transferred to appropriate 
     accounts of such Federal agencies: Provided, That such funds 
     may be obligated only as non-Federal sources provide their 
     share in accordance with the cost-sharing agreement required 
     under section 102(d) of such Act: Provided further, That such 
     funds may be obligated prior to the completion of a final 
     programmatic environmental impact statement only if: (1) 
     consistent with 40 C.F.R. 1506.1(c); and (2) used for 
     purposes that the Secretary finds are of sufficiently high 
     priority to warrant such an expenditure.


                       policy and administration

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


                        administrative provision

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

                               TITLE III

                          DEPARTMENT OF ENERGY

                            Energy Programs


                             energy supply

       For expenses of the Department of Energy activities 
     including the purchase, construction and acquisition of plant 
     and capital equipment and other expenses necessary for energy 
     supply, and uranium supply and enrichment activities in 
     carrying out the purposes of the Department of Energy 
     Organization Act (42 U.S.C. 7101 et seq.), including the 
     acquisition or condemnation of any real property or any 
     facility or for plant or facility acquisition, construction, 
     or expansion, $906,807,000.


                  non-defense environmental management

       For Department of Energy expenses, including the purchase, 
     construction and acquisition of plant and capital equipment 
     and other expenses necessary for non-defense environmental 
     management activities in carrying out the purposes of the 
     Department of Energy Organization Act (42 U.S.C. 1701 et 
     seq.), including the acquisition or condemnation of any real 
     property or any facility or for plant or facility 
     acquisition, construction or expansion, $497,059,000, to 
     remain available until expended.


      uranium enrichment decontamination and decommissioning fund

       For necessary expenses in carrying out uranium enrichment 
     facility decontamination and decommissioning, remedial 
     actions and other activities of title II of the Atomic Energy 
     Act of 1954 and title X, subtitle A of the Energy Policy Act 
     of 1992, $220,200,000, to be derived from the Fund, to remain 
     available until expended: Provided, That $40,000,000 of 
     amounts derived from the Fund for such expenses shall be 
     available in accordance with title X, subtitle A, of the 
     Energy Policy Act of 1992.


                                science

       For expenses of the Department of Energy activities 
     including the purchase, construction and acquisition of plant 
     and capital equipment and other expenses necessary for 
     science activities in carrying out the purposes of the 
     Department of Energy Organization Act (42 U.S.C. 7101 et 
     seq.), including the acquisition or condemnation of any real 
     property or facility or for plant or facility acquisition, 
     construction, or expansion, and purchase of 15 passenger 
     motor vehicles for replacement only, $2,235,708,000, to 
     remain available until expended: Provided, That $35,000,000 
     of the unobligated balances originally available for 
     Superconducting Super Collider termination activities shall 
     be made available for other activities under this heading.


                      nuclear waste disposal fund

       For nuclear waste disposal activities to carry out the 
     purposes of Public Law 97-425, as amended, including the 
     acquisition of real property or facility construction or 
     expansion, $160,000,000, to remain available until expended, 
     to be derived from the Nuclear Waste Fund; of which 
     $4,000,000 shall be available to the Nuclear Regulatory 
     Commission to license a multi-purpose canister design; and of 
     which not to exceed $5,000,000 may be provided to affected 
     local governments, as defined in Public Law 97-425, to 
     conduct appropriate activities pursuant to the Act: Provided, 
     That the distribution of the funds to the units of local 
     government shall be determined by the Department of Energy: 
     Provided further, That the funds shall be made available to 
     the units of local government by direct payment: Provided 
     further, That within ninety days of the completion of each 
     Federal fiscal year, each local entity shall provide 
     certification to the Department of Energy, that all funds 
     expended from such payments have been expended for activities 
     as defined in Public Law 97-425. Failure to provide such 
     certification shall cause such entity to be prohibited from 
     any further funding provided for similar activities: Provided 
     further, That none of the funds herein appropriated may be: 
     (1) used directly or indirectly to influence legislative 
     action on any matter pending before Congress or a State 
     legislature or for lobbying activity as provided in 18 U.S.C. 
     1913; (2) used for litigation expenses; or (3) used to 
     support multistate efforts or other coalition building 
     activities inconsistent with the restrictions contained in 
     this Act: Provided further, That none of the funds provided 
     herein shall be distributed to the State of Nevada by direct 
     payment, grant, or other means, for financial assistance 
     under section 116 of the Nuclear Waste Policy Act of 1982, as 
     amended: Provided further, That the foregoing proviso shall 
     not apply to payments in lieu of taxes under section 
     116(c)(3)(A) of the Nuclear Waste Policy Act of 1982, as 
     amended.


                      departmental administration

       For salaries and expenses of the Department of Energy 
     necessary for departmental administration in carrying out the 
     purposes of the Department of Energy Organization Act (42 
     U.S.C. 7101 et seq.), including the hire of passenger motor 
     vehicles and official reception and representation expenses 
     (not to exceed $35,000), $218,747,000, to remain available 
     until expended: Provided, That moneys received by the 
     Department for miscellaneous revenues estimated to total 
     $131,330,000 in fiscal year 1998 may be retained and used for 
     operating expenses within this account, and may remain 
     available until expended, as authorized by section 201 of 
     Public Law 95-238, notwithstanding the provisions of 31 
     U.S.C. 3302: Provided further, That the sum herein 
     appropriated shall be reduced by the amount of miscellaneous 
     revenues received during fiscal year 1998 so as to result in 
     a final fiscal year 1998 appropriation from the General Fund 
     estimated at not more than $87,417,000.


                    office of the inspector general

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

                    Atomic Energy Defense Activities


                           weapons activities

       For Department of Energy expenses, including the purchase, 
     construction and acquisition of plant and capital equipment 
     and other incidental expenses necessary for atomic energy 
     defense weapons activities in carrying out the purposes of 
     the Department of Energy Organization Act 42 U.S.C. 7101 et 
     seq.), including the acquisition or condemnation of any real 
     property or any facility or for plant or facility 
     acquisition, construction, or expansion; and the purchase of 
     passenger motor vehicles (not to exceed 70 for replacement 
     only), $4,146,692,000, to remain available until expended: 
     Provided, That funding for any ballistic missile defense 
     program undertaken by the Department of Energy for the 
     Department of Defense shall be provided by the Department of 
     Defense according to procedures established for Work for 
     Others by the Department of Energy.


         defense environmental restoration and waste management

       For Department of Energy Expenses, including the purchase, 
     construction and acquisition of plant and capital equipment 
     and other expenses necessary for atomic energy defense 
     environmental restoration and waste management activities in 
     carrying out the purposes of the Department of Energy 
     Organization Act (42 U.S.C. 7101 et seq.), including the 
     acquisition or condemnation of any real property or any 
     facility or for plant or facility acquisition, construction, 
     or expansion; and the purchase of passenger motor vehicles 
     (not to exceed 6 for replacement only), $4,429,438,000, to 
     remain available until expended; and, in addition, 
     $200,000,000 for privatization projects, to remain available 
     until expended.


                  defense facilities closure projects

       For expenses of the Department of Energy to accelerate the 
     closure of defense environmental management sites, including 
     the purchase, construction and acquisition of plant and 
     capital equipment and other necessary expenses, $890,800,000, 
     to remain available until expended.


                        other defense activities

       For Department of Energy expenses, including the purchase, 
     construction and acquisition of plant and capital equipment 
     and other expenses necessary for atomic energy defense, 
     other defense activities, in carrying out the purposes of 
     the Department of Energy Organization Act (42 U.S.C. 7101, 
     et seq.), including the acquisition or condemnation of any 
     real property or any facility or for plant or facility 
     acquisition, construction, or expansion, and the purchase 
     of passenger motor vehicles (not to exceed 2 for 
     replacement only), $1,666,008,000, to remain available 
     until expended.


                     defense nuclear waste disposal

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

                    Power Marketing Administrations


         operation and maintenance, alaska power administration

       For necessary expenses of operation and maintenance of 
     projects in Alaska and of marketing electric power and 
     energy, $3,500,000, to remain available until expended; and, 
     in addition, $10,000,000 for capital assets acquisition, to 
     remain available until expended.


                  bonneville power administration fund

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

[[Page H7921]]

     remain available until expended; in addition, notwithstanding 
     31 U.S.C. 3302, not to exceed $20,000,000 in reimbursement 
     for transmission wheeling and ancillary services, to remain 
     available until expended.


      operation and maintenance, southwestern power administration

       For necessary expenses of operation and maintenance of 
     power transmission facilities and of marketing electric power 
     and energy, and for construction and acquisition of 
     transmission lines, substations and appurtenant facilities, 
     and for administrative expenses, including official reception 
     and representation expenses in an amount not to exceed $1,500 
     in carrying out the provisions of section 5 of the Flood 
     Control Act of 1944 (16 U.S.C. 825s), as applied to the 
     southwestern power area, $25,210,000, to remain available 
     until expended; in addition, notwithstanding the provisions 
     of 31 U.S.C. 3302, not to exceed $4,650,000 in 
     reimbursements, to remain available until expended.


 construction, rehabilitation, operation and maintenance, western area 
                          power administration

                     (including transfer of funds)

       For carrying out the functions authorized by title III, 
     section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 
     7101 et seq.), and other related activities including 
     conservation and renewable resources programs as authorized, 
     including the replacement of not more than two helicopters 
     through transfers, exchanges, or sale, and official reception 
     and representation expenses in an amount not to exceed 
     $1,500, $189,043,000, to remain available until expended, of 
     which $182,806,000 shall be derived from the Department of 
     the Interior Reclamation Fund: Provided, That of the amount 
     herein appropriated, $5,592,000 is for deposit into the Utah 
     Reclamation Mitigation and Conservation Account pursuant to 
     title IV of the Reclamation Projects Authorization and 
     Adjustment Act of 1992: Provided further, That the Secretary 
     of the Treasury is authorized to transfer from the Colorado 
     River Dam Fund to the Western Area Power Administration 
     $5,592,000 to carry out the power marketing and 
     transmission activities of the Boulder Canyon project as 
     provided in section 104(a)(4) of the Hoover Power Plant 
     Act of 1984, to remain available until expended.


           falcon and amistad operating and maintenance fund

       For operation, maintenance, and emergency costs for the 
     hydroelectric facilities at the Falcon and Amistad Dams, 
     $970,000, to remain available until expended, and to be 
     derived from the Falcon and Amistad Operating and Maintenance 
     Fund of the Western Area Power Administration, as provided in 
     section 423 of the Foreign Relations Authorization Act, 
     fiscal years 1994 and 1995.

                  Federal Energy Regulatory Commission


                         salaries and expenses

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

                          Department of Energy

                           GENERAL PROVISIONS

       Sec. 301. (a) None of the funds appropriated by this Act or 
     any prior appropriations Act may be used to award a 
     management and operating contract unless such contract is 
     awarded using competitive procedures or the Secretary of 
     Energy grants, on a case-by-case basis, a waiver to allow for 
     such a deviation. The Secretary may not delegate the 
     authority to grant such a waiver.
       (b) At least 60 days before a contract award, amendment, or 
     modification for which the Secretary intends to grant such a 
     waiver, the Secretary shall submit to the Subcommittees on 
     Energy and Water Development of the Committees on 
     Appropriations of the House of Representatives and the Senate 
     a report notifying the subcommittees of the waiver and 
     setting forth the reasons for the waiver.
       Sec. 302. (a) None of the funds appropriated by this Act or 
     any prior appropriations Act may be used to award, amend, or 
     modify a contract in a manner that deviates from the Federal 
     Acquisition Regulation, unless the Secretary of Energy 
     grants, on a case-by-case basis, a waiver to allow for such a 
     deviation. The Secretary may not delegate the authority to 
     grant such a waiver.
       (b) At least 60 days before a contract award, amendment, or 
     modification for which the Secretary intends to grant such a 
     waiver, the Secretary shall submit to the Subcommittees on 
     Energy and Water Development of the Committees on 
     Appropriations of the House of Representatives and the Senate 
     a report notifying the subcommittees of the waiver and 
     setting forth the reasons for the waiver.
       Sec. 303. None of the funds appropriated by this Act or any 
     prior appropriations Act may be used to--
       (1) develop or implement a workforce restructuring plan 
     that covers employees of the Department of Energy; or
       (2) provide enhanced severance payments or other benefits 
     for employees of the Department of Energy;

     under section 3161 of the National Defense Authorization Act 
     for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2644; 42 
     U.S.C. 7274h).
       Sec. 304. None of the funds appropriated by this Act or any 
     prior appropriations Act may be used to augment the 
     $61,159,000 made available for obligation by this Act for 
     severance payments and other benefits and community 
     assistance grants under section 3161 of the National Defense 
     Authorization Act for Fiscal Year 1993 (Public Law 102-484; 
     106 Stat. 2644; 42 U.S.C. 7274h).
       Sec. 305. None of the funds appropriated by this Act or any 
     prior appropriations Act may be used to prepare or initiate 
     Requests For Proposals (RFPs) for a program if the program 
     has not been funded by Congress.


                   (transfers of unexpended balances)

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

                                TITLE IV

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

       Foe expenses necessary to carry out the programs authorized 
     by the Appalachian Regional Development Act of 1965, as 
     amended, notwithstanding section 405 of said Act, and for 
     necessary expenses for the Federal Co-Chairman and the 
     alternate on the Appalachian Regional Commission and for 
     payment of the Federal share of the administrative expenses 
     of the Commission, including services as authorized by 5 
     U.S.C. 3109, and hire of passenger motor vehicles, 
     $170,000,000, to remain available until expended.

                Defense Nuclear Facilities Safety Board


                         salaries and expenses

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

                     Nuclear Regulatory Commission


                         salaries and expenses

                     (including transfer of funds)

       For necessary expenses of the Commission in carrying out 
     the purposes of the Energy Reorganization Act of 1974, as 
     amended, and the Atomic Energy Act of 1954, as amended, 
     including the employment of aliens; services authorized by 5 
     U.S.C. 3109; publication and dissemination of atomic 
     information; purchase, repair, and cleaning of uniforms; 
     official representation expenses (not to exceed $20,000); 
     reimbursements to the General Services Administration for 
     security guard services; hire of passenger motor vehicles and 
     aircraft, $468,000,000, to remain available until expended: 
     Provided, That of the amount appropriated herein, $15,000,000 
     shall be derived from the Nuclear Waste Fund: Provided 
     further, That from this appropriation, transfers of sums may 
     be made to other agencies of the Government for the 
     performance of the work for which this appropriation is made, 
     and in such cases the sums so transferred may be merged with 
     the appropriation to which transferred: Provided further, 
     That moneys received by the Commission for the cooperative 
     nuclear safety research program, services rendered to State 
     governments, foreign governments and international 
     organizations, and the material and information access 
     authorization programs, including criminal history checks 
     under section 149 of the Atomic Energy Act may be retained 
     and used for salaries and expenses associated with those 
     activities, notwithstanding 31 U.S.C. 3302, and shall remain 
     available until expended: Provided further, That revenues 
     from licensing fees, inspection services, and other services 
     and collections estimated at $450,000,000 in fiscal year 1998 
     shall be retained and used for necessary salaries and 
     expenses in this account, notwithstanding 31 U.S.C. 3302, and 
     shall remain available until expended: Provided further, That 
     $3,000,000 of the funds herein appropriated for regulatory 
     reviews and other assistance provided to the Department of 
     Energy and other Federal agencies shall be excluded from 
     license fee revenues, notwithstanding 42 U.S.C. 2214: 
     Provided further, That the sum herein appropriated shall be 
     reduced by the amount of revenues received during fiscal year 
     1998 from licensing fees, inspection services and other 
     services and collections, excluding those moneys received for 
     the cooperative nuclear safety research program, services 
     rendered to State governments, foreign governments and 
     international organizations, and the material and information 
     access authorization programs, so as to result in a final 
     fiscal year 1998 appropriation estimated at not more than 
     $18,000,000.

                      Office of Inspector General


                     (including transfer of funds)

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, as amended, including services authorized by 5 
     U.S.C. 3109, $4,800,000, to remain available until expended; 
     and in addition, an amount not to exceed 5 percent of this 
     sum may be transferred from Salaries and Expenses, Nuclear 
     Regulatory Commission: Provided, That notice of such 
     transfers shall be given to the Committees on 
     Appropriations of the House of Representatives and Senate: 
     Provided further, That from this appropriation, transfers 
     of sums may be made to other agencies of the Government 
     for the performance of the work for which this 
     appropriation is

[[Page H7922]]

     made, and in such cases the sums so transferred may be 
     merged with the appropriation to which transferred: 
     Provided further, That revenues from licensing fees, 
     inspection services, and other services and collections 
     shall be retained and used for necessary salaries and 
     expenses in this account, notwithstanding 31 U.S.C. 3302, 
     and shall remain available until expended: Provided 
     further, That the sum herein appropriated shall be reduced 
     by the amount of revenues received during fiscal year 1998 
     from licensing fees, inspection services, and other 
     services and collections, so as to result in a final 
     fiscal year 1998 appropriation estimated at not more than 
     $0.

                  Nuclear Waste Technical Review Board


                         salaries and expenses

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

                       Tennessee Valley Authority

       For the purpose of carrying out the provisions of the 
     Tennessee Valley Authority Act of 1933, as amended (16 U.S.C. 
     Ch. 12A), including hire, maintenance, and operation of 
     aircraft, and purchase and hire of passenger motor vehicles, 
     $70,000,000, to remain available until expended, of which 
     $6,900,000 shall be available for operation, maintenance, 
     surveillance, and improvement of Land Between the Lakes; and 
     for essential stewardship activities for which appropriations 
     were provided to the Tennessee Valley Authority in Public Law 
     104-206, such sums as are necessary in fiscal year 1999 and 
     thereafter, to be derived only from one or more of the 
     following sources: nonpower fund balances and collections; 
     investment returns of the nonpower program; applied 
     programmatic savings in the power and nonpower programs; 
     savings from the suspension of bonuses and award; savings 
     from reductions in memberships and contributions; increases 
     in collections resulting from nonpower activities, including 
     user fees; or increases in charges to private and public 
     utilities both investor and cooperatively owned, as well as 
     to direct load customers: Provided, That such funds are 
     available to fund the stewardship activities under this 
     paragraph, notwithstanding sections 11, 14, 15, 29, or other 
     provisions of the Tennessee Valley Authority Act, as amended, 
     or provisions of the TVA power bond covenants: Provided 
     further, That the savings from, and revenue adjustments to, 
     the TVA budget in fiscal year 1999 and thereafter shall be 
     sufficient to fund the aforementioned stewardship activities 
     such that the net spending authority and resulting outlays 
     for these activities shall not exceed $0 in fiscal year 1999 
     and thereafter.

                                TITLE V

                           GENERAL PROVISIONS

       Sec. 501. None of the funds appropriated by this Act may be 
     used in any way, directly or indirectly, to influence 
     congressional action on any legislation or appropriation 
     matters pending before Congress, other than to communicate to 
     Members of Congress as described in section 1913 of title 18, 
     United States Code.
       Sec. 502. (a) Purchase of American-Made Equipment and 
     Products.--It is the sense of the Congress that, to the 
     greatest extent practicable, all equipment and products 
     purchased with funds made available in this Act should be 
     American-made.
       (b) Notice Requirement.--In providing financial assistance 
     to, or entering into any contract with, any entity using 
     funds made available in this Act, the head of each Federal 
     agency, to the greatest extent practicable, shall provide to 
     such entity a notice describing the statement made in 
     subsection (a) by the Congress.
       (c) Prohibition of Contracts With Persons Falsely Labeling 
     Products as Made in America.--If it has been finally 
     determined by a court or Federal agency that any person 
     intentionally affixed a label bearing a ``Made in America'' 
     inscription, or any inscription with the same meaning, to any 
     product sold in or shipped to the United States that is not 
     made in the United States, the person shall be ineligible to 
     receive any contract or subcontract made with funds made 
     available in this Act, pursuant to the debarment, suspension, 
     and ineligibility procedures described in sections 9.400 
     through 9.409 of title 48, Code of Federal Regulations.
       Sec. 503. None of the funds made available in this Act may 
     be provided by contract or by grant (including a grant of 
     funds to be available for student aid) to any institution of 
     higher education, or subelement thereof, that is currently 
     ineligible for contracts and grants pursuant to section 514 
     of the Departments of Labor, Health and Human Services, and 
     Education, and Related Agencies Appropriations Act, 1997 (as 
     contained in section 101(e) of division A of Public law 104-
     208; 110 Stat. 3009-270).
       Sec. 504. None of the funds made available in this Act may 
     be obligated or expended to enter into or renew a contract 
     with a contractor that is subject to the reporting 
     requirement set forth in subsection (d) of section 4212 of 
     title 38, United States Code, but has not submitted the most 
     recent report required by such subsection.
       Sec. 505. None of the funds made available in this Act to 
     pay the salary of any officer or employee of the Department 
     of the Interior may be used for the Animas-La Plata Project, 
     in Colorado and New Mexico, except for: (1) activities 
     required to comply with the applicable provisions of current 
     law; and (2) continuation of activities pursuant to the 
     Colorado Ute Indian Water Rights Settlement Act of 1988 
     (Public Law 100-585).
       Sec. 506. Section 1621 of title XVI of the Reclamation 
     Wastewater and Groundwater Act, Public Law 104-266, is 
     amended by--
       (1) striking ``study'' in the section title and in 
     subsection (a), and inserting ``project'' into the title and 
     in subsection (a);
       (2) inserting in subsection (a) ``planning, design, and 
     construction of the'' following ``to participate in the''; 
     and
       (3) inserting in subsection (a) ``and nonpotable surface 
     water'' following ``impaired ground water''.
       Sec. 507. Section 1208(a)(2) of the Yavapai-Prescott Indian 
     Treaty Settlement Act of 1994 (Public Law 103-434) is amended 
     by striking ``$4,000,000 for construction'' and inserting 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. 508. (a) The State of West Virginia shall receive 
     credit towards its required contribution under Contract No. 
     DACW59-C-0071 for the cost of recreational facilities to be 
     constructed by a joint venture of the State in cooperation 
     with private interests for recreation development at 
     Stonewall Jackson Lake, West Virginia, except that the State 
     shall receive no credit for costs associated with golf course 
     development and the amount of the credit may not exceed the 
     amount owed by State under the Contract.
       (b) The Corps of Engineers shall revise both the 1977 
     recreation cost-sharing agreement and the Park and Recreation 
     Lease dated October 2, 1995 to remove the requirement that 
     such recreation facilities are to be owned by the Government 
     at the time of their completion as contained in Article 2-06 
     of the cost-sharing agreement and Article 36 of the lease.
       (c) Nothing in this section shall reduce the amount of 
     funds owed the United States Government pursuant to the 1977 
     recreation cost-sharing agreement.
       Sec. 509. Amounts to be transferred to the Department of 
     Energy by the United States Enrichment Corporation (USEC) 
     pursuant to this section shall be retained and used for the 
     specific purpose of development and demonstration of AVLIS 
     technology for uranium enrichment: Provided, That, 
     notwithstanding section 1605 of the Atomic Energy Act of 
     1954, as amended (42 U.S.C. 2297e-4), USEC shall transfer to 
     the Department such sums as are necessary in fiscal year 1998 
     for AVLIS demonstration and development activities to be 
     derived only from one or more of the following sources: 
     savings from adjustments in the level of inventories; savings 
     from reductions in capital and operating costs; savings from 
     reductions in power costs including savings from increased 
     use of off-peak power; or savings from adjustments in the 
     amount of purchases: Provided further, That the savings from 
     such reductions and adjustments in the amounts paid by USEC 
     in fiscal year 1998 shall be sufficient to fund the 
     aforementioned AVLIS demonstration and development activities 
     such that the net spending authority and resulting outlays 
     for these activities shall not exceed $0 in fiscal year 1998 
     and thereafter: Provided further, That, prior to transferring 
     funds to the Department for AVLIS activities pursuant to this 
     section, the Chief Financial Officer of USEC shall submit to 
     the Committees on Appropriations of the House of 
     Representatives and Senate an itemized listing of the amounts 
     of the reductions made pursuant to this section to fund the 
     proposed transfer: Provided further, That, by November 1, 
     1998, the Chief Financial Officer of USEC shall submit to the 
     Committees on Appropriations of the House of Representatives 
     and Senate an itemized listing of the amounts of the 
     reductions made pursuant to this section for fiscal year 
     1998: Provided further, That the provisions in this section 
     related to the transfer to and use by the Department of funds 
     for AVLIS demonstration and development activities shall 
     expire as of the privatization date for USEC, as defined in 
     Section 3102 of the USEC Privatization Act (42 U.S.C. 2297h), 
     and the total amount obligated by the Department pursuant to 
     this section for AVLIS demonstration and development 
     activities shall not exceed $60,000,000.
       Sec. 510. (a) None of the funds appropriated or otherwise 
     made available by this Act may be used to determine the final 
     point of discharge for the interceptor drain for the San Luis 
     Unit until development by the Secretary of the Interior and 
     the State of California of a plan, which shall conform to the 
     water quality standards of the State of California as 
     approved by the Administrator of the Environmental Protection 
     Agency, to minimize any detrimental effect of the San Luis 
     drainage waters.
       (b) The costs of the Kesterson Reservoir Cleanup Program 
     and the costs of the San Joaquin Valley Drainage Program 
     shall be classified by the Secretary of the Interior as 
     reimbursable or nonreimbursable and collected until fully 
     repaid pursuant to the ``Cleanup Program--Alternative 
     Repayment Plan'' and the ``SJVDP--Alternative Repayment 
     Plan'' described in the report entitled ``Repayment Report, 
     Kesterson Reservoir Cleanup Program and San Joaquin Valley 
     Drainage Program, February 1995'', prepared by the Department 
     of the Interior, Bureau of Reclamation. Any future 
     obligations of funds by the United States relating to, or 
     providing for, drainage service or drainage studies for the 
     San Luis Unit shall be fully reimbursable by San Luis Unit 
     beneficiaries of such service or studies pursuant to Federal 
     Reclamation law.
       Sec. 511. Maintenance of Security at the Gaseous Diffusion 
     Plants.--Section 3107 of the USEC Privatization Act (42 
     U.S.C. 2297h-5) is amended by adding at the end the 
     following:
  ``(h) Maintenance of Security.--
       ``(1) In general.--With respect to the Paducah Gaseous 
     Diffusion Plant, Kentucky, and the Portsmouth Gaseous 
     Diffusion Plant, Ohio, the guidelines relating to the 
     authority of the Department of Energy's contractors 
     (including any Federal agency, or private entity operating a 
     gaseous diffusion plant under a contract or lease with the 
     Department of Energy) and any subcontractor (at any tier) to 
     carry firearms and

[[Page H7923]]

     make arrests in providing security at Federal installations, 
     issued under section 161k. of the Atomic Energy Act of 1954 
     (42 U.S.C. 2201k.) shall require, at a minimum, the presence 
     of an adequate number of security guards carrying sidearms at 
     all times to ensure maintenance of security at the gaseous 
     diffusion plants (whether a gaseous diffusion plant is 
     operated directly by a Federal agency or by a private entity 
     under a contract or lease with a Federal agency).
       Sec. 512. None of the funds made available in this or any 
     other Act may be used to restart the High Flux Beam Reactor.
       This Act may be cited as the ``Energy and Water Development 
     Appropriations Act, 1998''.
       And the Senate agree to the same.
     Joseph McDade,
     Harold Rogers,
     Joe Knollenberg,
     R.P. Frelinghuysen,
     Mike Parker,
     Sonny Callahan,
     Jay Dickey,
     Bob Livingston,
     Vic Fazio,
     Peter J. Visclosky,
     Chet Edwards,
     Ed Pastor,
     David R. Obey,
                                Managers on the Part of the House.
     Pete V. Domenici,
     Thad Cochran,
     Slade Gorton,
     Mitch McConnell,
     Robert F. Bennett,
     Conrad Burns,
     Larry Craig,
     Ted Stevens,
     Harry Reid,
     Robert C. Byrd,
     Fritz Hollings,
     Patty Murray,
     Herb Kohl,
     Byron L. Dorgan,
     Daniel K. Inouye,
                               Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two houses on the 
     amendment of the Senate of the bill (H.R. 2203) making 
     appropriations for energy and water development for the 
     fiscal year ending September 30, 1998, and for other 
     purposes, submit the following joint statement to the House 
     and the Senate in explanation of the effects of the action 
     agreed upon by the managers and recommended in the 
     accompanying conference report.
       The language and allocations set forth in House Report 105-
     190 and Senate Report 105-44 should be complied with unless 
     specifically addressed to the contrary in the conference 
     report and statement of the managers. Report language 
     included by the House which is not contradicted by the report 
     of the Senate or the conference, and Senate report language 
     which is not contradicted by the report of the House or the 
     conference is approved by the committee on conference. The 
     statement of the managers, while repeating some report 
     language for emphasis, does not intend to negate the language 
     referred to above unless expressly provided herein. In cases 
     where both the House report and Senate report address a 
     particular issue not specifically addressed in the conference 
     report or joint statement of managers, the conferees have 
     determined that the House and Senate reports are not 
     inconsistent and are to be interpreted accordingly. In cases 
     in which the House or Senate have directed the submission of 
     a report, such report is to be submitted to both House and 
     Senate Committees on Appropriations.
       Senate amendment: The Senate deleted the entire House bill 
     after the enacting clause and inserted the Senate bill. The 
     conference agreement includes a revised bill.

                                TITLE I

                      DEPARTMENT OF DEFENSE--CIVIL

       The summary tables at the end of this title set forth the 
     conference agreement with respect to the individual 
     appropriations, programs, and activities of the Corps of 
     Engineers. Additional items of conference agreement are 
     discussed below.

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil


                         general investigations

       The conference agreement appropriates $156,804,000 for 
     General Investigations instead of $157,260,000 as proposed by 
     the House and $164,065,000 as proposed by the Senate.
       The conference agreement includes $100,000 for the Corps of 
     Engineers to undertake a reconnaissance study of the need for 
     navigational improvements on the Mobile, Tombigbee, and Black 
     Warrior Rivers in accordance with the resolution (Docket 
     #2512) adopted on May 7, 1997, by the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives.
       The conferees have provided an additional $200,000 for the 
     Corps of Engineers to accelerate work on the feasibility 
     study for the development of a comprehensive basin management 
     plan for navigation, including recreational navigation, 
     environmental restoration, and water quality for the Dog 
     River, Alabama, watershed.
       The conference agreement includes $270,000 for the Newport 
     Bay Harbor, California, study, the same as the budget 
     request. Within the funds provided, $100,000 is for the Corps 
     of Engineers to undertake a reconnaissance study for 
     management of the Newport Bay/San Diego Creek Watershed in 
     the interest of environmental preservation and restoration, 
     water quality and sediment control, and the avoidance or 
     minimization of undesirable impacts resulting from 
     urbanization and other present and future watershed 
     activities.
       The conferees have provided $40,000 for completion of the 
     feasibility study for navigational improvements at Port 
     Hueneme in California, the same as the budget request. 
     Federal interest recommendations for channel improvements 
     shall be based on the potential for future shipping 
     operations at the port.
       The conference agreement includes $100,000 for the Corps of 
     Engineers to initiate a reconnaissance study of options for 
     increased flood protection along the Toulumne River and its 
     tributaries.
       The conferees direct the Secretary of the Army to use the 
     $600,000 provided for the Truckee Meadows, Reno, Nevada, 
     project authorized by Section 3(a)(10) of the Water Resources 
     Development Act of 1988 to resume preconstruction engineering 
     and design incorporating recent data from the 1996/1997 
     flooding event.
       The conference agreement includes $200,000 for the Corps of 
     Engineers to participate in the development of Special Area 
     Management Plans in Orange and San Diego Counties, 
     California, as described in the House report.
       The conference agreement includes $500,000 for the Corps of 
     Engineers to modify the Lower West Branch Susquehanna River 
     Basin Environmental Restoration, Pennsylvania, reconnaissance 
     study to address the wide range of complex water resources 
     problems in the large study area which includes Clinton, 
     Northumberland, Lycoming, Sullivan, Tioga, and Union 
     Counties, Pennsylvania and, as requested, to negotiate 
     separate feasibility study agreements with state, county, and 
     other public interests for subwatersheds within the river 
     basin.
       The conference agreement includes $500,000 as proposed by 
     the Senate for a study of the Grand Neosho River basin in 
     Oklahoma as proposed by the Senate. The conferees have agreed 
     to move the funds for this effort to the Operation and 
     Maintenance, General account.
       The conferees agree that funds provided for the Lower 
     Platte River and Tributaries, Nebraska, study should also be 
     used to conduct studies authorized by Section 503(d)(11) of 
     the Water Resources Development Act of 1996.
       For the Lower Potomac Estuary Watershed, Virginia and 
     Maryland, study, the conferees expect the Corps of Engineers 
     to negotiate separate feasibility study cost-sharing 
     agreements with state and local interests in Virginia and 
     Maryland for individual sub-basins within the watershed.
       The conference agreement includes $8,500,000 for 
     Coordination Studies With Other Agencies. Within the funds 
     provided, the conferees urge the Corps of Engineers to work 
     with the Riverside County, California, Flood Control and 
     Water Conservation District to complete the floodplain 
     maintenance plan for Murrieta Creek and to participate in the 
     development of Special Area Management Plans in southern 
     California in coordination with the State of California 
     Natural Community Conservation Planning Program. In addition, 
     the amount provided includes $400,000 for the Pacific 
     Northwest forest case study as described in the Senate 
     report.
       The conference agreement includes $32,000,000 for the Corps 
     of Engineers Research and Development program instead of 
     $27,000,000 as proposed by the House and $37,000,000 as 
     proposed by the Senate. The amount provided includes 
     $2,000,000 for the development of strategies for the control 
     of zebra mussels and the full budget request for the CFIRMS 
     program.
       The conferees have included language in the bill earmarking 
     funds for the following projects in the amounts specified: 
     Delaware Bay Coastline, Delaware and New Jersey, $456,000; 
     Tampa Harbor, Alafia Channel, Florida, $270,000; Laulaulei, 
     Hawaii, $200,000; Barnegat Inlet to Little Egg Harbor Inlet, 
     New Jersey, $400,000; Brigantine Inlet to Great Egg Harbor 
     Inlet, New Jersey, $472,000; Great Egg Harbor Inlet to 
     Townsends Inlet, New Jersey, $400,000; Lower Cape May 
     Meadows--Cape May Point, New Jersey, $154,000; Manasquan 
     Inlet to Barnegat Inlet, New Jersey, $400,000; Raritan Bay to 
     Sandy Hook Bay (Cliffwood Beach), New Jersey $300,000; 
     Townsends Inlet to Cape May Inlet, New Jersey, $500,000; and 
     Monongahela River, Fairmont, West Virginia, $350,000.
       The conference agreement deletes funds earmarked in the 
     Senate bill for the Norco Bluffs, California, project. This 
     project has been funded in the Construction, General, 
     account.
       The conference agreement deletes language contained in the 
     Senate bill providing funds for the Tahoe Basin study in 
     California and Nevada. The amount appropriated for General 
     Investigations includes $750,000 for this project. The 
     conference agreement also deletes language contained in the 
     Senate bill providing funds for preconstruction engineering 
     and design for the Delaware Coast from Cape Henlopen to 
     Fenwick Island, Delaware, project. The amount appropriated 
     for General Investigations includes $300,000 for 
     preconstruction engineering and design of the project.
       The conference agreement includes language proposed by the 
     House which directs the Corps of Engineers to initiate 
     feasibility

[[Page H7924]]

     phase studies of extending commercial navigation on the Red 
     River upstream of Shreveport-Bossier, Louisiana, into 
     southwest Arkansas using previously appropriated funds and 
     language proposed by the House which directs the Corps of 
     Engineers to initiate feasibility phase studies for the 
     Metropolitan Louisville, Southwest, Kentucky, study.
       The conferees have also included language in the bill 
     directing the Corps of Engineers to use $150,000 to implement 
     Section 211(f)(8) of the Water Resources Development Act of 
     1996 and to reimburse the non-Federal sponsor a portion of 
     the Federal share of project costs for the White Oak Bayou, 
     Texas, project, and language directing the Corps of Engineers 
     to use $500,000 to implement Section 211(f)(7) of the Water 
     Resources Development Act of 1996 and to reimburse the non-
     Federal sponsor a portion of the Federal share of project 
     costs for the Hunting Bayou, Texas, project.


                         Construction, General

       The conference agreement appropriates $1,473,373,000 for 
     Construction, General, instead of $1,475,892,000 as proposed 
     by the House and $1,284,266,000 as proposed by the Senate.
       The conferees agree with the language in the Senate report 
     regarding the Faulkner's Island, Connecticut, project.
       The Secretary of the Army is directed to use $600,000 of 
     available funds to plan and implement a flood warning system 
     for Reno, Nevada, using, to the maximum extent possible, work 
     of non-Federal entities.
       The conference agreement includes $1,140,000 for the 
     Canaveral Harbor Deepening, Florida, project. The funds 
     provided include $640,000 to reimburse the local sponsor for 
     the Federal share of revetment work completed by the sponsor 
     and $500,000 for widening of the entrance channel.
       With the funds provided for the East Rockaway Inlet to 
     Rockaway Inlet and Jamaica Bay, New York, project the 
     conferees direct the Corps of Engineers to initiate a 
     reevaluation report to identify more cost-effective measures 
     of providing storm damage protection for the project. In 
     conducting the reevaluation, the Corps should include 
     consideration of using dredged material from maintenance 
     dredging of East Rockaway Inlet and should also investigate 
     the potential for ecosystem restoration within the project 
     area.
       Within the funds provided for the Chesapeake Bay 
     Environmental Restoration and Protection Program, the 
     conferees expect the Corps of Engineers to give priority to 
     projects that protect the environmental, historic, and 
     cultural resources of Smith Island, Maryland and Virginia.
       The conference agreement provides funding for small boat 
     harbor projects at Knife River, McQuade Road (Duluth), 
     Taconite Harbor, and Two Harbors, Minnesota. Each of these 
     projects is fully authorized. By providing funding for these 
     projects, the conferees intend that these badly needed 
     projects proceed expeditiously, and direct the Secretary of 
     the Army to expedite the consideration and construction of 
     these projects. In addition, the Secretary is to preserve 
     scarce Federal, state, and local resources by utilizing a 
     flexible approach in pursuing these projects. The managers 
     are aware that, in the construction of another small boat 
     harbor at Silver Bay, a cooperative effort with state and 
     local interests allowed for the swift and satisfactory 
     completion of the project. The managers direct the Secretary 
     to employ similar procedures, including using existing 
     feasibility and other study documents and designs prepared by 
     the State of Minnesota, and to construct the project in 
     cooperation with the state.
       The conference agreement includes $3,100,000 for the Corps 
     of Engineers to complete planning engineering and design and 
     initiate construction of the Lower Basin and Stony Brook 
     portions of the Raritan River Basin, Green Brook Sub-Basin, 
     New Jersey, project. Within the funds provided, $100,000 
     shall be used to reevaluate alternative plans for the Upper 
     Basin portion of the project. Language has been included 
     under General Provisions, Corps of Engineers--Civil, which 
     provides that no funds made available in this Act or any 
     other Act for any fiscal year may be utilized by the 
     Secretary of the Army to construct the Oak Way detention 
     structure or the Sky Top detention structure in Berkeley 
     Heights, New Jersey, as part of the project for flood 
     control.
       The conference agreement includes $95,000,000 for the 
     Columbia River Juvenile Fish Mitigation program in 
     Washington, Oregon, and Idaho instead of $85,000,000 as 
     proposed by the House and $117,000,000 as proposed by the 
     Senate. The conferees note that the budget request for this 
     program appeared to reflect the pursuit of multiple 
     restoration strategies. Some of these may not be adopted, 
     rendering expensive measures obsolete. The conferees request 
     the Northwest Power Planning Council, with assistance from 
     the Independent Scientific Advisory Board (to the extent that 
     the Board feels it can participate without compromising its 
     primary function), established jointly with the National 
     Marine Fisheries Service, to conduct a review of the major 
     fish mitigation capital construction activities proposed for 
     implementation at the Federal dams in the Columbia River 
     Basin including those called for in the 1995 Biological 
     Opinion of the National Marine Fisheries Service regarding 
     the Snake River salmon. The review shall be completed by June 
     30, 1998. Upon completion of the review, the Corps of 
     Engineers shall seek regional recommendations, as provided by 
     the Bonneville Power Administration Fish and Wildlife Budget 
     Memorandum of Agreement dated September 16, 1996, on 
     implementing the recommendations contained in the review. In 
     addition, the findings of the review shall be supplied to the 
     House and Senate Appropriations Committees.
       The conference agreement includes a total of $58,267,000 
     for the Levisa and Tug Forks of the Big Sandy River and Upper 
     Cumberland River project. In addition to the amounts in the 
     budget request, the conference agreement includes: 
     $26,390,000 for the Harlan, Williamsburg, and Middlesboro, 
     Kentucky, elements; $5,300,000 for the Pike County, Kentucky, 
     element; $5,000,000 for the Martin County, Kentucky, element; 
     $700,000 for the Town of Martin, Kentucky, element; $500,000 
     for a Detailed Project Report for the Buchanan County, 
     Virginia, element; $1,000,000 for the Hatfield Bottom, West 
     Virginia, element; $6,300,000 for the Lower Mingo (Kermit), 
     West Virginia, element; $150,000 for a Detailed Project 
     Report for the Lower Mingo, West Virginia, element; 
     $3,000,000 for the Upper Mingo, West Virginia, element; 
     $1,200,000 for the Wayne County, West Virginia, element; 
     $400,000 for a flood warning system for the Levisa Basin; and 
     $400,000 for a flood warning system for the Tug Fork Basin. 
     In addition, the conferees are aware of the flood situation 
     at Haysi Dam and urge the Corps of Engineers to reevaluate 
     the benefit-cost analysis and provide to the Committees on 
     Appropriations of the House and the Senate a report on the 
     Haysi Dam, Virginia, element of the project prior to 
     submission of the fiscal year 1999 budget. The conference 
     agreement also deletes language proposed by the Senate which 
     provided that flood warning systems for the Tug Fork and 
     Levisa Basins would be undertaken at full Federal expense.
       Using $463,000 of the funds provided for the LaFarge Lake 
     and Kickapoo River, Wisconsin, project, the Corps of 
     Engineers is directed to complete the Memorandum of 
     Understanding between the Ho-Chunk Nation and the State of 
     Wisconsin, evaluate a conservation easement, covenant, or 
     other appropriate legal instrument for the protection of 
     archeological resources at the site, start processing real 
     estate documents for future land transfers, and continue 
     coordination activities as authorized by the Water Resources 
     Development Act of 1996. The remaining $250,000 is for 
     planning and engineering of the highway relocations and to 
     complete required NEPA documentation as authorized.
       The conference agreement includes $40,000,000 for the 
     Section 205 program. Using those funds, the Corps of 
     Engineers is directed to proceed with the projects described 
     in the House and Senate reports. For the Lake Carl Blackwell 
     project in Oklahoma, the Corps of Engineers may use available 
     funds to proceed with plans and specifications for the 
     project. In addition, the Corps of Engineers is directed to 
     proceed with studies of flooding problems along Dry Creek in 
     Cortland County, New York, and the Lamoille and Missisquoi 
     Rivers in Vermont.
       The conferees agree that the Huntsville Spring Branch, 
     Alabama, project funded by the House under Section 206 of the 
     Water Resources Development Act of 1996 should proceed as a 
     small flood control project under the Section 205 program. 
     The conferees also agree that the Reno, Nevada, project and 
     the Lycoming County, Pennsylvania, project should proceed 
     under the Section 205 program.
       The conference agreement includes $11,000,000 for the 
     Section 14 program. Using those funds, the Corps of Engineers 
     is directed to proceed with the projects described in the 
     House and Senate reports.
       The conference agreement includes $3,000,000 for the 
     Section 103 program. Using those funds, the Corps of 
     Engineers is directed to proceed with the projects described 
     in the House report.
       The conference agreement includes $11,400,000 for the 
     Section 107 program. Using those funds, the Corps of 
     Engineers is directed to proceed with the projects described 
     in the House and Senate reports.
       The conference agreement includes $2,000,000 for the 
     Section 208 program. Using those funds, the Corps of 
     Engineers is directed to proceed with the projects described 
     in the House report.
       The aquatic restoration project at Hamilton Army Airfield 
     in Marin County, California, funded under the Section 204 
     program by the House has been funded under the General 
     Investigations account.
       The conference agreement includes $21,175,000 for the 
     Section 1135 program. Using those funds, the Corps of 
     Engineers is directed to proceed with the projects described 
     in the House and Senate reports.
       The conference agreement includes $6,000,000 for the 
     Section 206 program. Using those funds, the Corps of 
     Engineers is directed to proceed with the projects described 
     in the House and the Senate reports. In addition, the Corps 
     of Engineers is directed to proceed with a project to restore 
     environmental resources along Cache Creek in California. 
     Abandoned gravel pits along the lower Cache Creek corridor 
     would be used to restore seasonal and permanent wetlands and 
     riparian habitat.
       The conferees have included language in the bill earmarking 
     funds for the following projects in the amounts specified: 
     Arkansas River, Tucker Creek, Arkansas, $300,000; Norco 
     Bluffs, California, $1,000,000; San Timoteo Creek (Santa Ana 
     River Mainstem),

[[Page H7925]]

     California, $5,000,000; Panama City Beaches, Florida, 
     $5,000,000; Tybee Island, Georgia, $2,000,000; Indianapolis 
     Central Waterfront, Indiana $5,000,000; Indiana Shoreline 
     Erosion, Indiana, $3,000,000; Lake George, Hobart, Indiana, 
     $3,500,000; Ohio River Flood Protection, Indiana $1,300,000; 
     Harlan, Williamsburg, and Middlesboro (Levisa and Tug Forks 
     of the Big Sandy River and Upper Cumberland River), Kentucky, 
     $26,390,000; Martin County (Levisa and Tug Forks of the Big 
     Sandy River and Upper Cumberland River), Kentucky, 
     $5,000,000; Pike County (Levisa and Tug Forks of the Big 
     Sandy River and Upper Cumberland River), Kentucky, 
     $5,300,000; Town of Martin (Levisa and Tug Forks of the Big 
     Sandy River and Upper Cumberland River), Kentucky, $700,000; 
     Levisa Basin Flood Warning System (Levisa and Tug Forks of 
     the Big Sandy River and Upper Cumberland River), Kentucky and 
     Virginia, $400,000; Salyersville, Kentucky, $2,050,000; 
     Southern and Eastern Kentucky, Kentucky, $3,000,000; Lake 
     Pontchartrain and Vicinity (Hurricane Protection), Louisiana, 
     $22,920,000; Lake Pontchartrain Stormwater Discharge, 
     Louisiana, $3,000,000; Jackson County, Mississippi, 
     $3,000,000; Natchez Bluff, Mississippi, $4,000,000; Pearl 
     River (Walkiah Bluff), Mississippi, $2,000,000; Joseph G. 
     Minish Passaic River Park, New Jersey, $3,000,000; Hudson 
     River, Athens, New York, $8,700,000; Lackawanna River, 
     Olyphant, Pennsylvania, $1,400,000; Lackawanna River, 
     Scranton, Pennsylvania, $5,425,000; Lycoming County, 
     Pennsylvania, $339,000; South Central Pennsylvania 
     Environment Improvement Program, Pennsylvania, $30,000,000; 
     Wallisville Lake, Texas, $9,200,000; Virginia Beach, Virginia 
     (Reimbursement), $925,000; Virginia Beach (Hurricane 
     Protection), Virginia, $13,000,000; West Virginia and 
     Pennsylvania Flood Control, West Virginia and Pennsylvania 
     $3,000,000; Hatfield Bottom (Levisa and Tug Forks of the Big 
     Sandy River and Upper Cumberland River), West Virginia, 
     $1,000,000; Lower Mingo (Kermit) (Levisa and Tug Forks of the 
     Big Sandy River and Upper Cumberland River), West Virginia, 
     $6,300,000; Lower Mingo Tributaries Supplement (Levisa and 
     Tug Forks of the Big Sandy River and Upper Cumberland River), 
     West Virginia, $150,000; Upper Mingo County (Levisa and Tug 
     Forks of the Big Sandy River and Upper Cumberland River), 
     West Virginia, $3,000,000; 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.
       For the South Central Pennsylvania Infrastructure Program, 
     within the $10,000,000 provided for water-related 
     environmental infrastructure and resource protection and 
     development projects in Lackawanna, Lycoming, Susquehanna, 
     Wyoming, Pike, and Monroe Counties in Pennsylvania, 
     $1,000,000 is for Olyphant Borough, Lackawanna County; 
     $1,000,000 is for Jefferson Township, Lackawanna County; 
     $2,000,000 is for Scott Township Water and Sewer Authority, 
     Lackawanna County; $2,850,000 is for Westfall Municipal 
     Sewage Authority, Pike County; $800,000 is for the Township 
     of Tobyhanna Sewer Authority, Monroe County; $750,0000 is for 
     Thompson Borough, Susquehanna County; $900,000 is for Old 
     Lycoming Township Sewer Authority, Lycoming County; and 
     $700,000 is for Lycoming County Water and Sewer Authority for 
     a public sewer extension in Armstrong Township, Lycoming 
     County.
       The conference agreement includes language in the bill 
     directing the Secretary of the Army to: use $225,000 to 
     undertake repairs to the flume and conduit at Hagerman's Run 
     for the flood control project at Williamsport, Pennsylvania; 
     proceed with design and construction of the Southeast 
     Louisiana, Louisiana, project using continuing contracts 
     consistent with the limit of the authorized appropriation 
     ceiling; incorporate the economic analyses for the Green 
     Ridge and Plot Sections of the Lackawanna River, Scranton, 
     Pennsylvania, project with the analysis for the Albright 
     Street section of the project and cost-share and implement 
     the combined sections as single project; combine three 
     separate navigation improvements projects in Wilmington 
     Harbor, North Carolina, into a single project; to use 
     $20,000,000 to initiate construction of the Houston-Galveston 
     Navigation Channels, Texas, project and execute a Project 
     Cooperation Agreement for the entire authorized project.
       The conferees are aware that the U.S. Army Corps of 
     Engineers has determined, pursuant to the requirements of 
     Section 533(d) of the Water Resources Development Act of 
     1996, that additional work to be carried out on the Southeast 
     Louisiana, Louisiana, project with funds in excess of the 
     amount authorized to be appropriated in Section 533(c) of 
     said Act is technically sound, environmentally acceptable, 
     and economic. Therefore, the conferees direct the Corps of 
     Engineers to proceed immediately with design and construction 
     of the entire Southeast Louisiana project.
       The conference agreement also includes language that 
     increases the appropriation ceiling for the Rillito River, 
     Arizona, project and language that provides $5,000,000 for 
     the Corps of Engineers to initiate construction of an 
     emergency outlet from Devils Lake, North Dakota, to the 
     Sheyenne River subject to a number of conditions. The Senate 
     language has been amended to make technical corrections 
     regarding the designation of the project as an emergency.
       The conference agreement deletes funds earmarked in the 
     House bill for the Flint River, Michigan, project. The 
     project has been funded in the Operation and Maintenance, 
     General account.
       The conference agreement deletes language contained in the 
     Senate bill earmarking funds for the Red River Emergency Bank 
     Protection, Arkansas, project.
       The conferees direct the Secretary of the Army to consider 
     the recommendation of the Special Reevaluation Report for the 
     McCook Reservoir, Illinois, project as developed by the Corps 
     of Engineers Chicago District. The conference agreement 
     deletes language contained in the Senate bill regarding this 
     issue.
       The conference agreement also includes bill language 
     directing the Secretary of the Army to use $2,000,000 to 
     implement Section 211(f)(6) of the Water Resources 
     Development Act of 1996 and to reimburse the non-Federal 
     sponsor for a portion of the Federal share of the project 
     costs for the Brays Bayou, Texas, project.
       In light of the current budgetary situation, the conferees 
     are concerned with the funding implications associated with 
     any projects which the Secretary of the Army approves for 
     construction by non-Federal sponsors under reimbursement 
     authorities, such as Section 211 of the Water Resources 
     Development Act of 1996. The conferees are particularly 
     concerned with the ability to provide funding for 
     reimbursement agreements while trying to meet the funding 
     demands for ongoing Federal construction projects nationwide. 
     Therefore, the conferees direct the Secretary of the Army to 
     notify the Committees on Appropriations of the House and the 
     Senate prior to initiating negotiations for a reimbursement 
     agreement for construction of any project. Such notification 
     shall include the total commitment and the annual 
     requirements that the Administration proposes to support in 
     future budget submissions. The conferees urge the Secretary 
     to reimburse a non-Federal sponsor for applicable costs only 
     after the Secretary and the non-Federal sponsor have entered 
     into a formal written agreement specifying the terms and 
     conditions for the reimbursement. Given the need to establish 
     a disciplined and orderly schedule for reimbursements, the 
     conferees expect that the terms of the agreement will specify 
     that reimbursements for the Federal share of project costs 
     will be provided on an incremental basis in accordance with 
     the terms of the agreement and on a schedule that would be 
     consistent with a Federal construction schedule. In addition, 
     in recognition of the need to protect the Federal interest, 
     the conferees suggest that the Secretary include a provision 
     in the agreement that will allow the Secretary to withhold 
     scheduled reimbursement to the non-Federal sponsor or require 
     the non-Federal sponsor to remit previously received 
     reimbursements in the event that the sponsor fails to 
     complete the entire project or a separable element of the 
     project.


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

       The conference agreement appropriates $296,212,000 for 
     Flood Control, Mississippi River and Tributaries instead of 
     $285,450,000 as proposed by the House and $289,000,000 as 
     proposed by the Senate.
       The conference agreement provides $31,000,000 for the 
     Mississippi River Levees element of the Mississippi River and 
     Tributaries project. The increase over the budget request 
     shall be used to bring mainline levees up to grade as 
     described in the House report and to advance construction of 
     the Commerce to Birds Point levee in Missouri.
       The conference agreement includes $900,000 with which the 
     Corps of Engineers is directed to complete preconstruction 
     engineering and design and initiate construction for the 
     Louisiana State Penitentiary Levee project.
       The conferees expect the Corps of Engineers to expedite 
     work on East Goose Creek in Oxford, Mississippi, under the 
     Yazoo Basin Demonstration Erosion Control Program.
       The conference agreement includes language proposed by the 
     Senate authorizing and directing the Corps of Engineers to 
     use funds appropriated in this Act or previously appropriated 
     funds to complete remedial measures to prevent slope 
     instability at Hickman Bluff, Kentucky.
       The conference agreement includes language which directs 
     the Secretary of the Army to use up to $4,000,000, including 
     $1,900,000 appropriated in this Act, to dredge Sardis Lake, 
     Mississippi, at full Federal expense, and which directs the 
     Secretary of the Army to conduct, at full Federal expense, 
     the necessary environmental assessment and impact studies for 
     the initial components of Sardis Lake development.


                   Operation and Maintenance, General

       The conference agreement appropriates $1,740,025,000 for 
     Operation and Maintenance, General, instead of $1,726,955,000 
     as proposed by the House and $1,661,203,000 as proposed by 
     the Senate.
       The conferees have provided an additional $150,000 under 
     the McNary Lock and Dam project in Oregon and Washington for 
     the Corps of Engineers to address questions and concerns 
     raised in litigation associated with the Kennewick Man 
     skeleton, ancient remains found at Columbia Park on the 
     Columbia River near Kennewick, Washington. The additional 
     funds will allow the Corps to continue to store the remains 
     in a manner that preserves their scientific, historic, and

[[Page H7926]]

     cultural value, address questions regarding testing of 
     material, conduct site evaluations, and acquire expert 
     services.
       The conferees agree with the language in the Senate report 
     regarding the Charleston Harbor, South Carolina, project.
       The conference agreement includes $400,000 for the Corps of 
     Engineers to proceed with the Corpus Christi Ship Channel, 
     Rincon Canal System, Texas, project as authorized by Section 
     509 of the Water Resources Development Act of 1996.
       For the Green Bay Harbor, Wisconsin, diked disposal 
     project, the conferees expect the Corps of Engineers to use 
     the funds provided to expand the existing Section 123 
     facility at Bay Port using the local and state approved 
     designs. Further, the conferees intend the Bay Port expansion 
     to be funded using the funding arrangements specified in 
     Section 201 of the Water Resources Development Act of 1996.
       The attention of the Corps of Engineers is directed to the 
     following projects in need of maintenance of review: Alabama-
     Coosa River navigation system; Brunswick Harbor, Georgia; and 
     Little and Murrells Inlets in South Carolina.
       The conference agreement includes language in the bill 
     earmarking funds for the following projects in the amounts 
     specified: Anclote River, Florida, $1,500,000; Beverly 
     Shores, Indiana, $1,700,000; Boston Harbor, Massachusetts, 
     $16,500,000; Flint River, Michigan, $875,000; and Raystown 
     Lake, Pennsylvania, $4,690,000.
       The conference agreement includes an additional $2,170,000 
     for the Raystown Lake, Pennsylvania, project for the Corps of 
     Engineers to implement recommendations of the 1992 update of 
     the project Master Plan and for continued operation and 
     maintenance of project facilities.
       The conference agreement includes language proposed by the 
     Housing directing the Corps of Engineers to reimburse the 
     local sponsor for the Fort Myers Beach, Florida, project for 
     maintenance dredging performed by the local sponsor using 
     previously appropriated funds.
       The conference agreement includes language proposed by the 
     Senate which provides that none of the funds appropriated in 
     the Act shall be used for the purpose of acquiring land in 
     Jasper County, South Carolina, in connection with the 
     Savannah Harbor navigation project and language proposed by 
     the Senate authorizing and directing the Corps of Engineers 
     to dredge a navigation channel in the Chena River at 
     Fairbanks, Alaska.
       Language has been included in the bill which directs the 
     Secretary of the Army to use $6,000,000 of the funds 
     appropriated in the Act to extend the navigation channel on 
     the Allegheny River project to provide passenger boat access 
     to the Kittanning, Pennsylvania, Riverfront Park.
       The conference agreement includes language in the bill 
     directing the Corps of Engineers to use $2,500,000 to 
     implement measures upstream of Lake Cumberland in Kentucky to 
     intercept and dispose of solid waste. The conferees expect 
     the Corps of Engineers to proceed with this measure in a 
     manner that is economically feasible and in accordance with 
     applicable law.


                           regulatory program

       The conference agreement appropriates $106,000,000 for the 
     Regulatory Program as proposed by the Senate instead of 
     $112,000,000 as proposed by the House.
       The conferees expect that the increase provided over the 
     amount appropriated in fiscal year 1997 will be used to begin 
     implementation of an administrative appeals process for the 
     Corps of Engineers Regulatory Program.
       Not later than 30 days after the date of enactment of this 
     Act, the Secretary of the Army, acting through the Chief of 
     Engineers, is urged to make a final decision with respect to 
     the permits applied for under permit application number 95-2-
     00970 for the replacement of the existing 350-foot wood dock 
     with a 400-foot concrete extension of the existing Terminal 5 
     dock (including associated dredging and filling) in the West 
     Waterway of the Duwamish River in Seattle, Washington. The 
     Secretary shall not reject that application on the basis of 
     any claim of Indian treaty rights, but shall leave any 
     question with respect to such rights to be determined in the 
     course of judicial review of his action on the same basis as 
     any other permit under Section 404 of the Federal Water 
     Pollution Control Act (33 U.S.C. 1344).


                 flood control and coastal emergencies

       The conference agreement appropriates $4,000,000 for Flood 
     Control and Coastal Emergencies instead of $14,000,000 as 
     proposed by the House and $10,000,000 as proposed by the 
     Senate.
       The conferees have agreed to include the language proposed 
     by the Senate directing that construction of the Ten and 
     Fifteen Mile Bayou channel enlargement project be considered 
     as an integral part of the St. Francis Basin, Arkansas and 
     Missouri, project under the Mississippi River and Tributaries 
     account.
       The conferees are concerned that funding provided by PL 
     105-18, the Emergency Supplemental Appropriations Act of 
     1997, is not being vigorously applied to necessary repairs 
     and projects resulting from the disaster events of 1996 and 
     1997 because of an overly restrictive interpretation of PL 
     84-99 by the Corps of Engineers.
       For example, the Corps of Engineers has determined that 
     many of the levees in the Sacramento and San Joaquin River 
     Basins, California, which were affected by this year's 
     catastrophic flood, are ineligible for repair and 
     rehabilitation with Flood Control and Coastal Emergency funds 
     due to conditions which are considered to have existed before 
     the flood. In addition, some projects have been rejected by 
     not considering the economic benefits to the system as a 
     whole.
       Problems across the country are similar, where the Corps 
     has ruled projects ineligible that may be within the scope of 
     the statute and are likely to prevent even greater 
     expenditures should there be future disasters. The problem is 
     particularly acute because of the unknown effects of the 
     impending El Nino weather system and the imminent threat that 
     it poses to many areas of the country.
       The conferees are committed to ensuring that the people and 
     their homes, schools, and economic livelihoods, as well as 
     critical infrastructure, are protected against future floods 
     and direct the Corps of Engineers to perform an immediate 
     reassessment of all projects considered for funding under PL 
     105-18 where PL 84-99 funding has been denied. Every effort 
     should be made to make use of the previously-appropriated 
     emergency funds for any and all authorized purposes within 
     the entire reading of the statute.


            formerly utilized sites remedial action program

       The conference agreement appropriates $140,000,000 for the 
     Formerly Utilized Sites Remedial Action Program (FUSRAP) 
     instead of $110,000,000 as proposed by the House and 
     $162,000,000 as proposed by the Senate. The conference 
     agreement also transfers the FUSRAP program from the 
     Department of Energy to the U.S. Army Corps of Engineers for 
     program execution. The Corps currently manages and executes a 
     similar program, the Formerly Used Defense Sites program, for 
     the Department of Defense, and the conferees believe there 
     are significant cost and schedule efficiencies to be gained 
     by having the Corps manage FUSRAP as well.
       The conferees are aware of the concerns expressed that a 
     transition from one Federal agency to another may create 
     unnecessary delays in the program. The conferees expect the 
     Department of Energy and the Corps to make every effort to 
     ensure that this transition goes smoothly, that execution of 
     the program is maintained in accordance with current 
     schedules, and that overall execution performance is 
     improved. The Department of Energy recently announced that it 
     will complete the existing management and operating contract 
     for the FUSRAP program with a contract change becoming 
     effective in the spring of 1998. The conferees expect the 
     program to continue within the existing contract framework 
     during that period, and will expect minimal disruption in 
     operations during that time as the terms of current contracts 
     are honored.
       The conferees direct the Corps of Engineers to review the 
     baseline cost, scope, schedule, and technical assumptions for 
     each of the cleanup sites, and determine what actions can be 
     taken to reduce costs and accelerate cleanup activities. The 
     Corps should determine if it is possible and/or reasonable to 
     meet the proposed 2002 completion date and report to the 
     Committees on Appropriations within 90 days on what steps 
     must be taken to meet this date.
       The conferees expect the Chief of Engineers to select an 
     organization and process within the Corps which can execute 
     this high priority program most effectively and efficiently. 
     To avoid potential jurisdictional problems, however, overall 
     program management, schedule and resource priority setting, 
     and principal point of contact responsibilities for FUSRAP 
     are to be handled as part of, and integrally with, the 
     overall Civil Works program of the Corps.


                            general expenses

       The conference agreement appropriates $148,000,000 for 
     General Expenses as proposed by the House and the Senate.


                             revolving fund

       The conference agreement includes language proposed by the 
     Senate which permits the Corps of Engineers to use amounts in 
     the Revolving Fund for an addition to the Alaska District's 
     main office building on Elmendorf Air Force Base and which 
     directs that the Revolving Fund shall be reimbursed from the 
     benefiting appropriations by collections each year of user 
     fees sufficient to repay the capital cost of the asset and to 
     operate and maintain the asset.

                           General Provisions

                       Corps of Engineers--Civil

       The conference agreement deletes language proposed by the 
     Senate which provides that the Secretary of the Army, in 
     fiscal year 1998, 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 and which, notwithstanding the provisions of this 
     section, authorizes the Secretary of the Army to use the 
     Corps of Engineers dredge fleet to undertake projects under 
     certain conditions.
       The conference agreement includes language proposed by the 
     Senate which authorizes and directs the Secretary of the Army 
     to provide planning, design, and construction assistance to 
     non-Federal interests in carrying out water related 
     environmental infrastructure and environmental resources 
     development projects. The Senate language has been amended to 
     provide that the authority will be limited to fiscal year 
     1998 and to projects in the State of Alaska. The conference 
     agreement provides $5,000,000 for the

[[Page H7927]]

     Corps of Engineers to carry out the provisions of this 
     section.
       The conference agreement includes language proposed by the 
     Senate regarding the Raritan River Basin, Greenbrook Sub-
     basin flood control project in New Jersey. The Senate 
     language has been amended to provide that none of the funds 
     made available under this Act or any other Act for any fiscal 
     year may be used to construct the Oak Way detention structure 
     or the Sky Top detention structure in Berkeley Heights, New 
     Jersey, rather than carry out any plan for, or otherwise 
     construct, the Oak Way detention structure or the Sky Top 
     detention structure in Berkeley Heights, New Jersey.
       The conference agreement deletes language proposed by the 
     Senate which provides that none of the funds appropriated in 
     this Act may be used to consider any application for a permit 
     that, if granted, would result in the diversion of 
     groundwater from the Great Lakes basin.

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[[Page H7970]]

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project


                central utah project completion account

       The conference agreement appropriates $41,153,000 to carry 
     out the provisions of the Central Utah Project Completion Act 
     as proposed by the House and the Senate.


                         bureau of reclamation

       The summary tables at the end of this title set forth the 
     conference agreement with respect to the individual 
     appropriations, programs, and activities of the Bureau of 
     Reclamation. Additional items of conference agreement are 
     discussed below.


                      water and related resources

       The conference agreement appropriates $694,348,000 for 
     Water and Related Resources instead of $651,931,000 as 
     proposed by the House and $688,379,000 as proposed by the 
     Senate.
       The conference agreement includes $56,442,000 for the 
     Central Arizona Project, $4,796,000 below the budget request. 
     The conferees direct that $3,245,000 of the reduction be 
     derived from native fish protection activities. The remainder 
     of the reduction should be derived from noncontract costs.
       The conference agreement includes $4,700,000 for the 
     Applied Science and Technology Development program. Within 
     the amount provided, $1,000,000 is for completion of the in-
     situ copper mining research project. In addition, $300,000 
     has been provided for Bureau of Reclamation oversight of that 
     program and for related technology transfer activities.
       The conference agreement includes an additional $1,500,000 
     for the completion of design and initiation of construction 
     of the fish screen at the Contra Costa Canal intake at Rock 
     Slough in California.
       The conference agreement includes an additional $3,000,000 
     for the Anadromous Fish Screen Program. Within funds 
     available to the Anadromous Fish Screen Program, including 
     funds appropriated in fiscal year 1997, the conferees direct 
     the Bureau of Reclamation to fund the following fish screen 
     projects at the levels indicated below: Reclamation District 
     108, $5,000,000; Reclamation District 1004, $2,625,000; and 
     Princeton-Glenn-Codora and Provident Irrigation Districts, 
     $2,500,000.
       The conference agreement includes $6,000,000 for the 
     Animas-La Plata project as proposed by the Senate. The 
     conferees continue to support the Animas-La Plata project in 
     Colorado and New Mexico, which is necessary to satisfy the 
     requirements of the Colorado Ute Indian Water Rights 
     Settlement Act of 1988. Controversy has delayed the 
     construction of the project by the Bureau of Reclamation 
     despite the commitments made in the Settlement Act and a 
     subsequent directive by the Congress that those portions of 
     the project which were approved under the Endangered Species 
     Act should be constructed without delay. In the last year, 
     the Governor of Colorado and the Secretary of the Interior 
     have convened the project supporters and opponents in a 
     process intended to seek resolution of the controversy. The 
     Colorado process calls for a project proposal from parties to 
     the settlement as well as one from those who oppose the 
     project as presently contemplated. The conferees direct that 
     funds previously appropriated for the project and still 
     available are to be used for the project and advancement of a 
     modified project from the process which meets the original 
     intent of the Settlement to provide a new supply of water to 
     meet the present and future needs of the Ute Tribes and the 
     surrounding region. In the event such a project is advanced, 
     the Department of the Interior and other Federal agencies are 
     directed to utilize to the fullest extent the existing 
     environmental compliance documents.
       The conferees direct the Bureau of Reclamation to notify 
     the Committees on Appropriations of the House and the Senate 
     before reprogramming any funds from the Equus Beds 
     Groundwater Recharge Demonstration Project in Kansas. The 
     conferees understand that the project is being cost shared on 
     a 50-50 basis.
       The conference agreement includes $300,000 for the Bureau 
     of Reclamation to work with local interests to identify the 
     most effective voluntary water conservation practices 
     applicable to the Walker River Basin in Nevada, and to 
     quantify the contribution that voluntary conservation can 
     make to solving the water resources problems in Walker Lake 
     and the basin as a whole.
       The conference agreement includes $400,000 for NEPA 
     compliance and design activities associated with the Rio 
     Grande Conveyance/Pipeline project in New Mexico and Texas.
       The conferees are concerned with the impacts on recreation 
     and resident fish populations resulting from the operating 
     regimes at Hungry Horse and Grand Coulee Dams. The Northwest 
     Power Planning Council has developed a regionally approved 
     plan, known as the Columbia River Basin Fish and Wildlife 
     Program, and the Secretary of the Interior, acting through 
     the Bureau of Reclamation, should consider the Council's 
     program and operate the projects in a manner consistent with 
     the program.
       The conferees direct that of the $500,000 provided for 
     facility operation and maintenance on the Newlands Project in 
     Nevada, that $300,000 shall be applied to the costs of 
     supplying water to the Stillwater National Wildlife Refuge 
     and to recovery of endangered fish in accordance with the 
     Truckee-Carson Pyramid Lake Water Rights Settlement Act, 
     Public Law 101-618, and the Truckee River Water Quality 
     Agreement. Further, $200,000 shall be used to assist the town 
     of Fernley, Nevada, and the Pyramid Lake Tribe, on behalf of 
     the town of Wadsworth in evaluating the joint municipal water 
     source and delivery system, a wastewater conveyance source, 
     and wastewater reclamation for the Fernley Wildlife 
     Management Area.
       The conference agreement includes $5,759,000 for the 
     Wetland Development Program. Within the amount recommended, 
     the conferees have included $1,450,000 under fish and 
     wildlife management and development for the Bureau of 
     Reclamation to undertake Central Arizona Project fish and 
     wildlife activities.
       The conferees are in agreement with the language in the 
     House report regarding operation and maintenance (O&M) costs, 
     deficits, and budget development. With regard to water rate-
     setting policies, the conferees urge the Bureau of 
     Reclamation to review and, where necessary, consider 
     modification to these policies to ensure that current O&M 
     water rates revenues are applied against O&M expenses with 
     any deficiency resulting in an O&M deficit to the water 
     contractor.
       The conference agreement includes language proposed by the 
     House regarding the Coolidge Dam, San Carlos Irrigation 
     project in Arizona.
       The conference agreement includes language proposed by the 
     Senate providing $500,000 for the installation of drains in 
     the Pena Blanca area of New Mexico to prevent seepage from 
     Cochiti Dam.
       The conference agreement includes language proposed by the 
     Senate providing that funds available for expenditure for the 
     Departmental Irrigation Drainage Program may be expended for 
     site remediation on a non-reimbursable basis.
       The conference agreement includes language proposed by the 
     Senate to increase the authorized level of appropriations for 
     the municipal, rural, and industrial water systems for the 
     Fort Berthold, Standing Rock, and Spirit Lake Nation in order 
     to allow activities to continue. The Senate language has been 
     amended to make technical corrections.
       The conference agreement deletes language proposed by the 
     Senate providing $80,000 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. Funding for this project is included in the 
     amount appropriated for Water and Related Resources.
       The conference agreement includes language proposed by the 
     Senate providing that the Secretary of the Interior may use 
     $2,500,000 for the McCall Area Wastewater Reclamation and 
     Reuse project in Idaho.
       The conference agreement deletes language proposed by the 
     Senate providing $300,000 for planning studies and other 
     activities for the Ute Reservoir Pipeline (Quay County 
     portion) in New Mexico. Funding for this project is included 
     in the amount appropriated for Water and Related Resources.
       The conference agreement deletes language proposed by the 
     Senate providing $185,000 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 in South Dakota. Funding for this project is 
     included in the amount appropriated for water and related 
     resources.


               bureau of reclamation loan program account

       The conference agreement appropriates $10,425,000 for the 
     Bureau of Reclamation Loan Program Account as proposed by the 
     House and Senate.


                central valley project restoration fund

       The conference agreement appropriates $33,130,000 for the 
     Central Valley Project Restoration Fund as proposed by the 
     Senate instead of $39,130,000 as proposed by the House.
       The conference agreement includes language which provides 
     that the Secretary of the Interior shall levy additional 
     mitigation and restoration payments totaling no more then 
     $25,130,000 (October 1992 price levels) on a three-year 
     rolling average basis, as authorized by Section 3407(d) of 
     Public Law 102-575.


               california bay-delta ecosystem restoration

       The conference agreement appropriates $85,000,000 for the 
     California Bay-Delta Ecosystem Restoration program instead of 
     $120,000,000 as proposed by the House and $50,000,000 as 
     proposed by the Senate.


                       policy and administration

       The conference agreement appropriates $47,558,000 for 
     Policy and Administration as proposed by the Senate instead 
     of $47,658,000 as proposed by the House.


                             special funds

       The conference agreement deletes language proposed by the 
     Senate regarding the Reclamation Fund and the special fund in 
     the Treasury created by the Act of December 22, 1987. The 
     Bureau of Reclamation has advised the conferees that this 
     language is not required.

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[[Page H7978]]

                               TITLE III

                          Department of Energy

       The summary tables at the end of this title set forth the 
     conference agreement with respect to the individual 
     appropriations, programs, and activities of the Department of 
     Energy. Additional items of conference agreements are 
     discussed below.


                             reprogrammings

       The conference agreement does not provide the Department of 
     Energy with any internal reprogramming flexibility in fiscal 
     year 1998 unless specifically identified in the House, 
     Senate, or conference reports. Any reallocation of new or 
     prior year budget authority or prior year deobligations must 
     be submitted to the House and Senate Committees on 
     Appropriations in advance in writing and may not be 
     implemented prior to approval by the Committees.


         external regulation of department of energy facilities

       The conference agreement directs that all new nuclear 
     facilities for which construction starts in the year 2000 or 
     beyond are to be constructed in accordance with Nuclear 
     Regulatory Commission (NRC) licensing standards. The 
     Department is directed to consult with the House and Senate 
     Committees on Appropriations should implementation of this 
     policy pose critical national security concerns with respect 
     to any particular nuclear facility.


                       support service contracts

       The conferees agree with the House report language which 
     directs the Department to prepare a report on the use of 
     support service contractors and the use of management and 
     operating contractor and subcontractor employees detailed to 
     Headquarters. This report is due on January 30, 1998. The 
     Department should consult with the House and Senate 
     Committees on Appropriations on the level of detail required 
     in this report.
       The conferees continue to be concerned about the 
     Department's inappropriate use of support service 
     contractors. The Department continues to pay contractors to 
     perform day to day functions that should be performed by 
     Federal employees. There is a clear distinction between 
     administrative support and technical assistance. Support 
     service contractors can play an important and cost-effective 
     role in supplying special technical expertise unavailable 
     within the Department. However, the conferees believe there 
     has been a distinct lack of responsible management of these 
     contractors. Therefore, the Department is directed to develop 
     a plan to provide more effective management of support 
     service contractors without increasing the number of Federal 
     employees. This plan is to be submitted to Congress at the 
     time of the fiscal year 1999 budget submission. The 
     Department is directed to reduce the number of support 
     service contractors providing administrative support and 
     performing inherently governmental functions. Remaining 
     support service contractors should include only those 
     providing specific technical assistance with a well-defined 
     product or service as the deliverable and an established 
     completion date for the product or service. These technical 
     assistance contracts must meet the Congressional intent of 
     full and open competition, fixed price contracts, and 
     performance-based management.


general reductions necessary to accommodate specific program directions

       In the event that specific program guidance contained in 
     the House, Senate, or conference reports requires a general 
     reduction of available funding, such reductions shall not be 
     applied disproportionately against any program, project, or 
     activity.

                             Energy Supply

       The conference agreement includes $906,807,000, instead of 
     $880,730,000 as proposed by the House and $966,940,000 as 
     proposed by the Senate. The conference agreement does not 
     include bill language extending the availability of funds in 
     this account beyond fiscal year 1998.


                       solar and renewable energy

       The conference agreement includes $346,266,000, which 
     includes $301,962,000 for the Office of Energy Efficiency and 
     Renewable Energy and $44,304,000 representing research done 
     by the Office of Energy Research. This action follows the 
     direction provided by the House to put research back into 
     research and development. The Office of Energy Efficiency and 
     Renewable Energy and the Office of Energy Research are 
     directed to work together to ensure that the Department's 
     solar and renewable research and development budget reflects 
     the cooperation of the two Offices. The Department is 
     directed to submit its fiscal year 1999 solar and renewable 
     energy budget comprehensively, as it is displayed in the 
     table in this conference report.
       Photovoltaic energy systems.--From the amount provided, 
     $1,500,000 shall be directed to university research to 
     increase university participation in this program and to fund 
     the acquisition of photovoltaic test equipment at the 
     participating institutions. Furthermore, while developing its 
     FY 1999 budget request, the Department is encouraged to 
     consider the funding needs of university photovoltaic 
     programs.
       Solar thermal energy systems.--The conference agreement 
     does not include the Senate prohibition on funding to deploy 
     additional dish/engine systems.
       Biomass/biofuels.--The conference agreement includes 
     $98,385,000, which includes $38,635,000 for research done by 
     the Officer of Energy Research. The conferees direct that the 
     funds be allocated in the following manner: Within ``Power 
     systems''--$1,500,000 for thermal conversion, $23,000,000 for 
     system development, $3,000,000 for biomass cogeneration, and 
     $750,000 for the Gridley rice straw project; and, within 
     ``Biofuels''--$27,000,000 for ethanol production, including 
     $4,000,000 for the biomass ethanol plant in Jennings, 
     Louisiana, and $2,500,000 for the Consortium for Plant 
     Biotechnology Research. The Department is directed to provide 
     $3,500,000 for feedstock development and $2,000,000 for the 
     regional biomass program each to be equally derived from the 
     power systems and biofuels programs.
       Wind.--The conference agreement does not include the House 
     prohibition on funding for incremental product improvement 
     partnerships with manufacturers.
       International solar energy.--The conference agreement 
     includes $1,375,000, an increase of $625,000 over the amount 
     provided by the House. The conferees direct that the funding 
     be provided for the U.S. initiative on joint implementation 
     as provided in the Senate report.
       Hydrogen.--The conference agreement does not include House 
     language urging the Department to avoid commitments to multi-
     million dollar demonstration projects. The conference 
     agreement includes $3,000,000 for the Russian--American Fuel 
     Cell Consortium, $1,000,000 less than the amount provided by 
     the Senate.
       Renewable Indian energy resources.--The conference 
     agreement includes $4,000,000, the amount provided by the 
     Senate, which includes: $2,000,000, the same amount as the 
     current year, for the Power Creek Hydroelectric Project in 
     Cordova, Alaska; $800,000 for the Old Harbor Hydroelectric 
     Project in the Village of Old Harbor, Alaska; $1,000,000 for 
     the Upper Lynn Canal Regional Electric Project in Skagway 
     Bay, Alaska; and $100,000 to complete studies and confirm the 
     feasibility of several small hydroelectric facilities in the 
     Village of Scammon Bay, Alaska.
       Electric energy systems and storage.--The conference 
     agreement includes up to $1,000,000 for a research and 
     development partnership to manufacture electric transmission 
     lines using aluminum matrix composite materials.
       Federal buildings/Remote power initiatives.--The House and 
     Senate each included proposals intended to direct the 
     Department to identify and pursue near term opportunities to 
     exploit the strengths of solar and renewable energy 
     technologies. The conference agreement includes both 
     initiatives and provides $5,000,000 for these activities. The 
     Department is directed to provide the House and Senate 
     Committees on Appropriations with a program plan which 
     includes a funding profile, and criteria for awarding 
     proposals. All proposals must include a cost benefit 
     analysis. The Department may approve only proposals that have 
     verifiable, favorable cost benefits over a period of not more 
     than ten years. Cost benefits shall be based exclusively on 
     actual monetary costs and savings.
       Program direction.--The conference agreement includes 
     $15,651,000 for program direction. The conferees have 
     provided additional funds to address the issues raised in the 
     House report with regard to program taxes. In short, the 
     Department has reallocated program funds to pay for support 
     service contractors, equipment, travel, ``cross-cutting'' 
     activities, ``Assistant Secretary initiatives'' and other 
     activities not described in the budget request. All funding 
     for support service contracts and the aforementioned 
     activities is provided in program direction. The Department 
     is directed to end its practice of taxing programs and to 
     allocate funding to programs in accordance with allocations 
     stipulated in appropriations bills.
       Excessive carryover balances.--The conferees strongly 
     endorse the concerns expressed in the House report and direct 
     that the Department allocate the prior year balance 
     adjustment to programs with consideration given to which 
     programs have available carryover funds. The conferees direct 
     that the Department allocate new budget authority for solar 
     and renewable programs after making an adjustment which 
     reflects a careful analysis of each program's share of 
     carryover balances.
       Executive Order 12902.--The conference agreement includes 
     the Senate recommendation that the assessment and report be 
     done by the Office of Management and Budget (OMB).


                             nuclear energy

       University reactor fuel assistance and support.--The 
     recommendation is $7,000,000, a $3,000,000 increase over the 
     current fiscal year. The Department is directed to include 
     appropriate laboratories, industry groups and universities in 
     this program. The conference agreement provides $2,200,000 
     for the core university reactor fuel program and another 
     $2,200,000 for the peer-reviewed Nuclear Engineering 
     Education Research (NEER) program. None of the funds are to 
     be provided to industry and no less than $5,000,000 is to be 
     made available to universities participating in this program.
       Termination costs.--The conference agreement includes 
     $77,035,000, including a total of $33,000,000 for 
     electrometallurgical-related activities. An additional 
     $12,000,000 is provided for nuclear technology research and 
     development in Other Defense Activities. The conference 
     agreement does not include the Senate recommendation to 
     provide $3,000,000 for the advanced light water reactor 
     program. The conference agreement includes the Senate 
     reduction to the budget request, $1,500,000, for management 
     studies and evaluations.

[[Page H7979]]

       Isotope support.--The conference agreement recommendation 
     for isotope support shall include funds for isotope 
     production and distribution including alpha-emitter 
     production, chemistry research and preclinical studies.
       Program direction.--The conference agreement combines the 
     separate program direction lines in the uranium, isotope 
     support and other nuclear energy programs. The amount 
     provided, $21,000,000, is $5,110,000 more than the amount 
     provided by the House and $3,066,000 less than the comparable 
     amount in the budget request.


                     environment, safety and health

       The conference agreement includes $66,050,000, of which 
     $23,550,000 is provided for program direction. The conferees 
     have provided a more balanced distribution of the program 
     direction funding by providing an additional $20,000,000 in 
     the defense environment, safety and health program.


                         magnetic fusion energy

       The conferees have adopted the Senate title for this 
     program. The conference agreement provides $232,000,000 which 
     includes $2,000,000 for fusion irradiation activities 
     currently funded under the domestic nuclear energy program.


                          funding adjustments

       The conference agreement includes a $31,535,000 adjustment 
     reflecting availability of prior year balances, an increase 
     of $13,000,000 to the adjustment recommended by the House. 
     The Department is directed to evaluate availability of prior 
     year balances and allocate this reduction based on that 
     evaluation.


                  Non-Defense Environmental Management

       The conference agreement appropriates $497,059,000 instead 
     of $497,619,000 as proposed by the House and $664,684,000 as 
     proposed by the Senate. The conferees have agreed to transfer 
     the Formerly Utilized Sites Remedial Action Program (FUSRAP) 
     to the Corps of Engineers, and funding for this program is 
     contained in Title I of the bill.
       The conferees direct the Department of Energy to assess the 
     cost of decommissioning the Southwest Experimental Fast Oxide 
     Reactor site in Arkansas and provide a report to the 
     Committees on Appropriations by September 30, 1998. The 
     conferees further acknowledge the purpose of the Integrated 
     Petroleum Environmental Consortium, but do not believe this 
     initiative properly falls within the jurisdiction of the 
     Energy and Water Development Appropriations Subcommittees.
       The conference agreement funds the University Research 
     Program in Robotics at a level of $4,000,000 in the Defense 
     Environmental Restoration and Waste Management appropriation 
     account.
       The conferees are aware that Advanced Nuclear & Medical 
     Systems Inc. (ANMS) which had been the principal proponent 
     for delaying the deactivation and decommissioning of the Fast 
     Flux Test Facility (FFTF) at Richland, Washington, has 
     withdrawn its proposal to convert the FFTF for tritium and 
     medical isotope production. On the basis of the original 
     proposal, the Department has delayed until December 1998 a 
     decision to shut down the reactor, increasing the costs to 
     the government of maintaining the reactor in a standby 
     condition. The conferees direct the Department to make a 
     determination on the continued standby status of the FFTF as 
     part of the fiscal year 1999 budget submission.


      Uranium Enrichment Decontamination and Decommissioning Fund

       The conference agreement appropriates $220,200,000 as 
     proposed by the House instead of $230,000,000 as proposed by 
     the Senate. The conference agreement retains bill language 
     proposed by the House providing funds for the uranium and 
     thorium reimbursement program, and increases the funding 
     level of $40,000,000. The conferees agree with the House 
     proposed reporting requirements.

                                Science

       The conference agreement includes $2,235,708,000, 
     $28,076,000 more than House and $12,631,000 more than the 
     comparable Senate amount.
       High energy physics.--The conference agreement provides 
     $680,035,000 for high energy physics. This is the amount 
     provided by the House and represents a $5,000,000 increase 
     over the amount requested by the Administration.
       Nuclear physics.--The conference agreement provides 
     $320,925,000 for nuclear physics. This is the amount provided 
     by the House and represents a $5,000,000 increase over the 
     amount requested by the Administration.


                 Biological and Environmental Research

       The conferees support the peer-reviewed nuclear medicine 
     research program in biological imaging at the University of 
     California Los Angeles and strongly encourage the Department 
     to fully fund that research in fiscal year 1998.
       The Department of Energy will initiate and carry out a 
     rigorous, peer- reviewed research program that will apply the 
     molecular level knowledge gained from the Department's human 
     genome and structural biology research to ascertain the 
     effects on levels ranging from cells to whole organisms that 
     arise from low-dose-rate exposures to energy and defense-
     related insults (such as radiation and chemicals). By 
     providing a scientific basis for determining the effects of 
     low-dose exposure, this program will lead to reductions in 
     the uncertainties inherent in current calculations and the 
     development of new, more reliable risk management methods. 
     The ultimate goal is adequate, cost effective health 
     protection for workers and the public from radiation, 
     chemicals and waste clean-up that is commensurate with actual 
     risks.
       The conferees have included $3,000,000 for this effort in 
     fiscal year 1998 and direct the Department to develop a 
     multi-year program plan, including budgets, for the 
     subsequent ten years.
       The conference agreement includes $4,000,000 to upgrade a 
     nuclear radiation center to accommodate boron neutron capture 
     therapy (BNCT) research in conjunction with the University of 
     California--Davis. BNCT is the selective irradiation of 
     tissue for treatment of inoperable brain tumors. The 
     conference agreement also includes $7,500,000 for design, 
     planning and construction of an expansion of the Medical 
     University of South Carolina's cancer research center. This 
     addition will provide research and treatment areas for the 
     utilization of Positron Emission Tomography, using metabolic 
     bio-markers, a ribozyme-based gene therapy. The conferees are 
     aware of the high rate of cancer nationwide, the need to 
     translate basic bio-marker research to direct application, 
     and the need for expansion of this facility. The conferees 
     have provided $3,000,000 to develop proton scanning 
     technology. This effort utilizes the existing proton therapy 
     capabilities at the Proton Cancer Treatment Center at Loma 
     Linda Medical Center in California in cooperation with the 
     Fermi National Accelerator Laboratory. This effort will 
     expand the use of this superior radiation treatment, enabling 
     more precise, safe, and effective treatment of breast, lung 
     and other cancers, without disabling side effects. The 
     conference agreement also includes $3,000,000 for cancer 
     treatment efforts included in the Medical Research Initiative 
     at the University of Rochester Medical Center.
       The conference agreement includes $2,000,000 for Englewood 
     Hospital in New Jersey which employs a condensed diagnosis 
     process in its breast cancer treatment program. The 
     conference agreement also includes $10,000,000 for the 
     Northeast Regional Cancer Institute for innovative research 
     that supports the Department's exploration of microbial 
     genetics. The Department will benefit from the Institute's 
     unique assets to pursue medical research related to the Human 
     Genome Project. Also, recent breakthrough findings indicate 
     that there is a third form of life, the Archaea, whose unique 
     properties allow them to flourish under extreme conditions. 
     Understanding the genetic basis of these properties promises 
     to lead to diverse applications and public benefit. The 
     Department has played an early and leading role in supporting 
     this research. This new collaboration will expand the 
     Department's exploration of the science and applications of 
     these results for its energy, environmental, and health 
     effects missions. The conference agreement also includes 
     $2,500,000 for design, planning and construction of a science 
     and engineering center at Highlands University in Las Vegas, 
     New Mexico.
       Human Genome Project.--The conference agreement does not 
     include House language opposing the increase proposed in the 
     budget request to evaluate ethical, legal and social 
     implications of genome research.
       National Institute for Global and Environmental Change 
     (NIGEC).--The conference agreement includes $8,200,000, the 
     amount provided in the budget request.


                         basic energy sciences

       Experimental Program to Stimulate Competitive Research 
     (EPSCoR).--The conference agreement includes $7,000,000, the 
     amount provided in the budget request.


                         other energy research

       Computational and technology research.--The conference 
     agreement does not include House language regarding the 
     transfer of funds to the fusion program, nor the Senate 
     language regarding computer equipment for the Institute for 
     Computational Chemistry and Molecular Modeling.
       University and Science Education.--The conference agreement 
     does not include the Senate proposal to provide $10,000,000 
     for this program.


                      nuclear waste disposal fund

       The conference agreement appropriates $160,000,000 as 
     proposed by both the House and the Senate, including 
     $4,000,000 to be made available to the Nuclear Regulatory 
     Commission for multi-purpose canister licensing, as proposed 
     by the Senate. The agreement includes no funding for the 
     State of Nevada as proposed by the House, instead of 
     $1,500,000 as proposed by the Senate. The agreement includes 
     $5,000,000 for affected units of local government instead of 
     $0 as proposed by the House and $6,175,000 as proposed by the 
     Senate.
       The agreement includes a reduction of $11,950,000 from the 
     science program and a reduction of $16,000,000 for personnel 
     costs, training and travel expenses for Federal employees, 
     support service contractors, non-safety related training for 
     contractor employees, cooperative agreements and other 
     programs not directly associated with the performance of 
     characterization and interim storage activities.
       The conferees fully expect the Office of Civilian 
     Radioactive Waste Management to achieve its Strategic 
     Alignment Initiative targets for fiscal year 1998.
       The conferees recognize the capability and availability of 
     resources at the University of

[[Page H7980]]

     Nevada-Las Vegas to store data and scientific studies related 
     to Yucca Mountain and encourage the Department to maximize 
     utilization of this resource.


                      departmental administration

       The conference agreement appropriates $218,747,000 for 
     Departmental Administration instead of $214,723,000 as 
     proposed by the House and $220,847,000 as proposed by the 
     Senate. Revenues of $131,330,000 are estimated to be received 
     in fiscal year 1998, resulting in a net appropriation of 
     $87,417,000.
       The conference agreement deletes bill language proposed by 
     the Senate providing additional amounts for cost of work for 
     others provided that such increases are offset by revenue 
     increases of the same or greater amount.
       The conference agreement directs the Department to reduce 
     staffing through buyouts and attrition to the level which can 
     be appropriately supported within the available funds 
     provided for fiscal year 1998. No direction to the Department 
     to reduce specific organizations has been provided, but the 
     Conferees expect the Department to assess objectively the 
     workload and value added by many of these support and 
     administrative organizations and the redundancy existing with 
     program organizations which have their own support staffs. 
     Staffing reductions are not to be prorated across every 
     organization.
       Of the amount provided for other expenses within 
     Departmental Administration, $1,623,000 is available for 
     salaries and expenses in the Office of the Secretary to pay 
     the salaries and expenses of employees otherwise on detail to 
     the Office of the Secretary.
       The conferees have provided $6,000,000 for a corporate 
     management information system. The Department is directed to 
     provide detailed information on the systems to be acquired, 
     project costs and milestones, and a description of how these 
     new systems will consolidate, eliminate, or integrate with 
     all of the Department's current information systems. This 
     detailed analysis is to be provided as part of the fiscal 
     year 1999 budget submission.
       The conference agreement provides reprogramming authority 
     of $1,000,000 or 10 percent, whichever is less, within the 
     Departmental Administration account. This should provide the 
     needed flexibility to manage this account. Congressional 
     notification of the use of this authority is to be provided 
     on a quarterly basis.

                    Office of the Inspector General

       The conference agreement includes $27,500,000, as proposed 
     by both the House and Senate.

                    Atomic Energy Defense Activities


                           weapons activities

       The conference agreement appropriates $4,146,692,000 
     instead of $3,943,442,000 as proposed by the House and 
     $4,302,450,000 as proposed by the Senate.
       The conference agreement includes language proposed by the 
     Senate providing that funds are available until expended, and 
     that funding for any ballistic missile defense program 
     undertaken by the Department of Energy for the Department of 
     Defense must be provided in accordance with procedures 
     established for Work for Others by the Department of Energy.
       Stockpile stewardship.--The conference agreement supports 
     increased funding for many activities in the core stockpile 
     stewardship program with the following specific adjustments. 
     An additional $45,000,000 has been provided for the core 
     research and advanced technology program and enhanced non-
     nuclear component assessment and experimental activities. As 
     directed by the Senate, $15,000,000 is provided to develop an 
     in-house, contingent source of radiation hardened 
     microelectronics. An increase of $20,000,000 over the budget 
     request is provided for the accelerated strategic computing 
     initiative for a total of $224,800,000. An appropriation of 
     $177,002,000, an increase of $20,000,000 over the request, is 
     provided to maintain a readiness capability to conduct an 
     underground nuclear test at the Nevada test site. An 
     additional $30,000,000 is provided for infrastructure and 
     equipment needs at the national laboratories and the Nevada 
     test site.
       The conferees understand that the Department has unique 
     capabilities to assist the Department of Defense in its 
     mission of land mine remediation. The conferees urge the 
     Department to develop a proposal for a Work for Others 
     program with the Department of Defense that would involve 
     testing and demonstration of DOE land mine detection 
     technology at the Nevada Test Site.
       The conferees are aware of the significant scientific and 
     technological advances made in the pulsed power program over 
     the past year on the Z-accelerator at Sandia National 
     Laboratory. The Department should support continued Z-physics 
     experiments and improved diagnostic capabilities in the 
     coming year.
       Within the technology transfer program, $10,000,000 is 
     provided for the American Textile Partnership (AMTEX). No 
     funds are provided for the Partnership for Next Generation 
     Vehicles.
       The conference agreement does not provide additional 
     funding for the inertial confinement fusion program, but 
     expects the Department to allocate existing funds to fully 
     exploit the capabilities of the Nike, Omega, and Nova lasers.
       Stockpile management.--For core stockpile management, the 
     conference agreement provides $2,052,150,000, which includes 
     the following adjustments to the budget request. An 
     additional $35,000,000 is provided in support of the W87 
     program and to provide capability at the Y-12 plant in Oak 
     Ridge, Tennessee, in preparation for expected stockpile life 
     extension program, $7,500,000 is provided for enhanced 
     surveillance activities, and $35,000,000 is provided for 
     manufacturing and infrastructure initiatives. Joint 
     development of manufacturing technologies with laboratories 
     is increased by $5,000,000, and $7,500,000 is provided for 
     the Department's environmental surety program. An additional 
     $10,000,000 is recommended to sustain the modernization of 
     the weapons complex begun last year; and an additional 
     $8,000,000 is included to continue upgrades to the existing 
     tritium recycling facility.
       Within the budget request for stockpile management, the 
     Department included $45,200,000 for safeguards and security 
     activities at the Rocky Flats, Colorado, and Fernald, Ohio, 
     environmental cleanup sites. The conference agreement 
     transfers that funding to the Defense Facilities Closure 
     Projects account.
       The conferees have not provided funding for improvements to 
     Greenville Road in Livermore, California. The City of 
     Livermore has sought for several years to have funds 
     appropriated in this bill for highway construction. The 
     conferees are reluctant to proceed down the path of funding 
     highways at every Department of Energy facility and urge the 
     City to seek funding from more appropriate sources.
       Program direction.--For program direction funding, the 
     conference agreement provides $250,000,000, a reduction of 
     $53,500,000 from the budget request. The Department 
     anticipates carrying unobligated funds into fiscal year 1998 
     which will supplement this appropriation. The reduction is 
     imposed in part because of the conferees' frustration that 
     the program has been unable to reduce its employee levels to 
     those established by the Department's own Strategic Alignment 
     Initiative. The Department is directed to meet the Strategic 
     Alignment Initiative personnel ceilings which have 
     been established for the defense programs organization in 
     fiscal year 1998, and to impose the reduction in a manner 
     that results in the implementation of the recommendations 
     made by the Institute for Defense Analysis in its 120 day 
     review of the program's management structure.


         defense environmental restoration and waste management

       The conference agreement appropriates $4,429,438,000 for 
     Defense Environmental Restoration and Waste Management 
     instead of $5,263,270,000 as proposed by the House and 
     $5,654,974,000 as proposed by the Senate. Additional funding 
     of $890,800,000 is contained in the Defense Facilities 
     Closure Projects account and $200,000,000 for Environmental 
     Management Privatization, for a total of $5,520,238,000 
     provided for all defense environmental management activities.
       The conference agreement deletes language included by the 
     Senate earmarking funds for closure projects. The conference 
     agreement includes the Senate language providing that funds 
     are available until expended.
       Environmental restoration.--The conference agreement 
     provides $1,010,973,000 for environmental restoration, which 
     is the budget request for all sites with only two exceptions. 
     The conference agreement moves funding of $743,600,000, the 
     budget request included in environmental restoration for the 
     Rocky Flats and Fernald sites, from this program to a new 
     appropriation account, Defense Facilities Closure Projects.
       An additional $10,000,000 has been included in the 
     environmental restoration program to accelerate cleanup at 
     those sites or facilities which can effectively reduce 
     outyear mortgage costs with small incremental funding 
     increases. The conferees view the acceleration of cleanup of 
     the Hanford 100 area as a prime example of a project that 
     should continue to receive support. A small increase in funds 
     provided in fiscal year 1998 could expedite the cleanup of 
     reactors along the Columbia River in Hanford's 100 area and 
     significantly reduce the outyear mortgages.
       Waste management.--The conference agreement includes the 
     funding level of $1,571,644,000 proposed by the Senate for 
     the waste management program, an increase of $35,000,000 over 
     the budget request. The additional funding should be used to 
     continue critical ongoing activities at the Defense Waste 
     Processing Facility in South Carolina, the Waste Isolation 
     Pilot Plant in New Mexico, and the Hanford tank farm in 
     Washington. The conferees have included in the funds 
     otherwise available for the Waste Isolation Pilot Plant, 
     $1,748,000, the same as the current year, for the 
     Environmental Evaluation Group.
       Nuclear materials and facilities stabilization.--The 
     conference agreement includes $1,256,821,000 for nuclear 
     materials and facilities stabilization. The recommendation 
     includes an additional $43,000,000 over the budget request 
     for operation of facilities at the Savannah River Site to 
     accelerate stabilization of ``at risk'' spent nuclear fuel 
     currently stored at the site. The conferees agree with the 
     House language on the need for a status report on these 
     activities and direct that it be submitted by November 15, 
     1997. The conference agreement also provides an additional 
     $15,000,000 for the National Spent Fuel Program.
       At the request of the Department, the conference agreement 
     consolidates two prior year construction projects at the 
     Savannah

[[Page H7981]]

     River Site, the Health Physics Site Support Facility and the 
     Environmental Monitoring Laboratory.
       Technology development.--The conference agreement provides 
     $220,000,000 for the technology development program. As 
     proposed by the House, $4,000,000 is provided for the 
     University Research Program in Robotics. Funding of 
     $5,000,000 is provided for the domestic and international 
     technology systems applications programs, and the budget 
     request of $40,066,000 is provided to support the private 
     industry programs.
       The conference agreement provides $27,000,000 to support 
     the Department's efforts to deploy cost-effective new 
     technologies. Deployment of new technologies is a strategic 
     activity affecting virtually all environmental management 
     programs and sites, and should be strongly supported as a 
     complex-wide program, not another initiative established and 
     maintained in isolation in the technology development 
     organization.
       The conferees acknowledge the work done by the Department's 
     Environmental Management Advisory Board (EMAB) in reviewing 
     these deployment proposals, and would like to focus the panel 
     on efforts to change records of decision which hamper the 
     consideration and implementation of new technologies which 
     may be faster and more cost effective than traditional 
     cleanup remedies.
       Six months after enactment of this Act and semi-annually 
     thereafter, the Department is to provide a report to the 
     Committees on Appropriations on the technologies under 
     development within the program. The report should provide a 
     description of each technology and its applications, an 
     accounting of the Department's investment to date in the 
     technology, and an anticipated return on investment.
       The conferees note that technologies developed under this 
     program will be of little or no value to the Department 
     unless they are incorporated into the Department's 
     environmental management records of decision. Regardless of 
     the Department's tendency toward ``stove-pipe'' 
     organizational arrangements, the Assistant Secretary of 
     Environmental Management is to ensure that the Department's 
     contractors are made aware of and utilize technologies 
     developed by this program.
       The conference report accompanying the fiscal year 1997 
     Energy and Water Development Appropriations Act included a 
     recommendation that the Department continue technology 
     development on alternatives that might achieve satisfactory 
     cleanup results at a significantly lower cost. The conferees 
     believe that it would be prudent for the Department to 
     maintain a research and development program that focuses on 
     higher risk, high-payoff processing and vitrification 
     technologies in parallel with ongoing efforts that could 
     serve as a backup in the event conditions change. The 
     conferees reaffirm the recommendation stated last year and 
     strongly urge the Department to undertake a joint, 
     cooperative effort between the Offices of Waste Management 
     and Technology Development to assess the effectiveness and 
     technical feasibility of the modular in-can and in-tank 
     vitrification technology consistent with the fiscal year 1997 
     Energy and Water Development Appropriations conference 
     agreement.
       The conferees urge the Department to support a joint, 
     cooperative effort between the Offices of Technology 
     Development, Environmental Restoration, Waste Management, and 
     Nuclear Materials and Facilities Stabilization to develop a 
     program to accelerate cleanup of lands which can be 
     transferred to the public sector for other uses. Technology 
     demonstrations should be directed to contaminated Department 
     of Energy sites demonstrating the capability of applying 
     integration of technologies to recover useful lands for 
     transfer to the public sector. These demonstrations should be 
     in diverse regions of the country with the emphasis on a 
     return on investment (ROI) analysis with firm schedules and 
     cost analyses that support the ROI analysis. The lands 
     should be determined by the ability to transfer them to 
     the private sector in three to five years. The changes 
     required to regulations, based on expected reductions of 
     risk, increased public safety, and financial benefit to 
     the government must be a specific end product of this 
     demonstration. Reports on progress of these programs 
     should be submitted to the Committees on Appropriations 
     for information on an annual basis with emphasis on 
     completion of specific land restoration in three years.
       Environmental science program.--The conferees are pleased 
     with the progress to date in implementing the environmental 
     basic research science program, and have provided $55,000,000 
     for this activity in fiscal year 1998, an increase of 
     $5,000,000 over the budget request. From these funds, 
     $48,000,000 has been provided for the basic science program, 
     and $7,000,000 for risk policy. Of the risk policy funding, 
     $4,000,000 is provided for the Consortium for Risk Evaluation 
     with Stakeholder Participation (CRESP).
       The conferees agree that the Department is to provide to 
     the Committees on Appropriations a list of each research 
     grant that has been funded, a description of what cleanup 
     problem is to be addressed, and how the grantee is to 
     interact with the Department and field sites to address the 
     specific problems.
       Privatization.--The conference agreement provides 
     $200,000,000 for the environmental privatization program to 
     guarantee the Federal government's commitment to a variety of 
     projects for which private financing will be sought by the 
     contractors involved in bidding on these activities at 
     Department of Energy sites. This funding is to be allocated 
     consistent with the direction provided in the Fiscal Year 
     1998 National Security Authorization Act. An additional 
     $32,100,000 for the two privatization projects proposed for 
     Fernald, Ohio, has been provided in the Defense Facilities 
     Closure Projects account.
       The conferees support statements in the Senate committee 
     report on the importance of the tank waste remediation system 
     (TWRS) privatization project. TWRS is an absolutely essential 
     cleanup priority for the Hanford site. The conferees further 
     believe that the funds provided by the conference agreement 
     are sufficient for TWRS to proceed on schedule. Combined with 
     last year's appropriation, the total budget authority 
     provided by Congress for TWRS underscores the commitment to 
     see this project completed.
       The conferees also recognize the importance of meeting 
     cleanup milestones at the Idaho National Engineering and 
     Environmental Laboratory in the court-ordered settlement 
     agreement between the Department and the State of Idaho. 
     Adequate funds should be provided for this purpose.
       Program direction.--The conferees have provided 
     $345,000,000 for the program direction account. The 
     Department will carry unobligated balances into fiscal year 
     1998 which will increase the funding available in this 
     account.
       Economic development.--The conference agreement maintains 
     the current policy that no cleanup funds are to be used for 
     economic development activities. The conferees have provided 
     $61,159,000 in the worker and community transition program 
     which was established and authorized to fund such activities, 
     and expect all economic development activities to be funded 
     from that program.


                  defense facilities closure projects

       The conference agreement appropriates $890,800,000 for the 
     Defense Facilities Closure Projects account instead of 
     $905,800,000 as proposed by the House and $65,000,000 as 
     proposed by the Senate. The Department requested $15,000,000 
     for closure projects as part of the Defense Environmental 
     Restoration and Waste Management appropriation account. The 
     conference agreement has established a separate appropriation 
     account for closure projects to provide maximum visibility 
     and accountability for program activities.
       Last year the conferees expressed significant interest in 
     accelerating closure of environmental management sites and 
     urged the Department to provide adequate funds to support 
     this effort at sites which could be cleaned up within ten 
     years with a notable reduction in mortgage costs due to the 
     accelerated schedule. The Administration's fiscal year 1998 
     budget request did not implement this direction. The 
     conferees consider this a very important issue, and have 
     established a separate appropriation account to fund those 
     Department of Energy sites which have an established cost, 
     schedule, and project plan which permits closure of the 
     entire site by 2006. At this time, the conferees are aware of 
     only two sites which meet this criteria: Rocky Flats, 
     Colorado, and Fernald, Ohio. The Department is urged to 
     develop firm cost, schedule, and technical plans for other 
     sites such as Mound and the RMI Ashtabula project in Ohio 
     which can be closed by 2006, and include those sites in this 
     account in the fiscal year 1999 budget request.
       The conferees are aware that portions of other sites which 
     will continue to have a Department of Energy presence beyond 
     2006 are also candidates for accelerated cleanup activities. 
     To accommodate those sites such as Savannah River, Hanford, 
     and Oak Ridge, the conferees have provided additional funding 
     in the defense environmental restoration program to 
     accelerate cleanup activities. Sites with a continued Federal 
     presence beyond 2006 are not candidates for the closure 
     projects account.
       The conferees are pleased that the Department now supports 
     a 2006 closure date for the Rocky Flats site in Colorado. 
     With a relatively small increase in funding over the budget 
     request in fiscal year 1998, it is anticipated that total 
     project costs of $1,000,000.000 can be saved. The 
     Department's budget included $598,850,000 for Rocky Flats in 
     various program accounts including $44,000,000 funded in the 
     Weapons Activity account for safeguards activities. The 
     conference agreement consolidates all of this funding and 
     provides an additional $33,250,000 for a total of 
     $632,100,000 for cleanup activities.
       Current cost projections indicate that closing the Fernald, 
     Ohio, site by 2006 would cost approximately $2,500,000,000, 
     while closing it by 2011 increases costs to approximately 
     $2,800,000,000. The conferees' recommendation of $258,700,000 
     provides the budget request from the environmental 
     restoration program, $1,200,000 for safeguards from the 
     Weapons Activities appropriations, $25,200,000 for the Waste 
     Pits Remedial Action project, and $6,900,000 for the Silo 3 
     Residue Waste Treatment project.
       As part of the fiscal year 1999 budget submittal, the 
     Department is directed to provide adequate detail showing the 
     cost, scope, schedule, and technical assumptions which 
     support these project closures by 2006. The Department is 
     directed to ensure that the budget justifications provide 
     adequate detail to permit Congress to track closure progress 
     on an annual basis.
       The current management and organization structure in the 
     Environmental Management

[[Page H7982]]

     program at the Department does not lend itself to the 
     successful management of dynamic projects with established 
     completion dates and fixed price costs. Federal management of 
     such projects requires skills quite different from the level 
     of effort activities often performed at DOE sites. The 
     Department is directed to provide the House and Senate 
     Committees on Appropriations within 60 days of enactment of 
     this bill with a detailed plan outlining a proposed project 
     management structure which reduces the numerous layers of 
     Federal bureaucracy through which closure projects must 
     report.


                        other defense activities

       The conference agreement includes the Senate language 
     providing that funds are available until expended.
       The conference agreement appropriates $1,666,008,000 for 
     Other Defense Activities instead of $1,580,504,000 as 
     proposed by the House and $1,637,981,000 as proposed by the 
     Senate. Details of the conference agreement are provided 
     below.


                 nonproliferation and national security

       The conference agreement provides $658,300,000 for 
     nonproliferation and national security instead of 
     $586,700,000 as proposed by the House and $662,000,000 as 
     proposed by the Senate.
       Within the funding for arms control, a total of $29,600,000 
     is provided for the Initiatives for Proliferation Prevention 
     (IPP). The House language requiring a separate report on the 
     IPP program is eliminated. However, the conferees expect the 
     Department to ensure that these funds are used only for 
     activities directly related to preventing the exodus of 
     nuclear weapons scientists from the former Soviet Union.
       From within available funds for arms control, the 
     conference agreement provides $10,000,000 for nuclear 
     material security at a site in Kazakstan.
       The conference agreement provides $30,000,000, an increase 
     of $10,000,000 over the budget request, for the Department's 
     security investigations program. The conferees are aware that 
     the Department's budget request was not sufficient to support 
     the necessary number of security clearances required in 
     fiscal year 1998.
       The conference agreement provides $82,900,000 for the 
     program direction account. The conferees direct the 
     Department to meet the Strategic Alignment Initiative 
     personnel ceilings which have been established for the 
     nonproliferation and national security organization in fiscal 
     year 1998 and beyond.


                environment, safety and health (defense)

       The conference agreement provides $94,000,000, an increase 
     of $40,000,000 over the budget request, for defense-related 
     environment, safety and health activities. The recommendation 
     provides the Senate funding level for programmatic 
     activities, and $20,000,000 for the program direction 
     account. Included in the recommendation is $2,000,000 for the 
     final year of the Hanford thyroid study.


                    worker and community transition

       The conference agreement provides $61,159,000 for the 
     worker and community transition program instead of 
     $56,000,000 as provided by the House and $62,000,000 as 
     provided by the Senate. The conferees direct that no other 
     Departmental funds be used to provide enhanced severance 
     payments and other benefits under the provisions of Section 
     3161 of the National Defense Authorization Act of Fiscal Year 
     1993, and that the Department provide a report by March 30, 
     1998, regarding the future need and justification for the 
     program.
       The conferees direct that none of the funds provided for 
     this program be used for additional severance payments and 
     benefits for Federal employees of the Department of Energy. 
     Federal employees are covered by a multitude of laws which 
     control employee benefits and protections during the 
     downsizing of Federal agencies.
       The Department submitted a budget amendment to establish an 
     asset management pilot projects program within DOE and to 
     sell or lease five specific assets. The conferees support 
     this initiative, but funding considerations will not permit 
     DOE to retain the net proceeds from the sales or leases. The 
     Department is urged to proceed with implementation of the 
     asset sales program under the current guidelines which permit 
     the Department to retain proceeds from the sales and leases 
     to the extent they are needed to cover the administrative 
     costs of executing the sale or lease. The conferees are aware 
     of the proposal for the national pilot program for 
     electronics recovery and recycling, and have provided 
     $3,500,000 to initiate this program.
       The conferees recognize the reductions in the defense work 
     force at the Nevada Test Site as a consequence of defense 
     downsizing. Of the eleven defense facilities sites engaged in 
     downsizing, the Nevada Test Site experienced the second 
     highest reduction in full time equivalent employees. However, 
     Nevada has received less community transition support than 
     any other qualifying defense facility. The conferees urge 
     the Secretary to ensure equitable worker and community 
     transition funding.


                     fissile materials disposition

       The conference agreement provides the budget request of 
     $103,796,000 for fissile materials disposition. The 
     Department is commended for its recognition that, despite the 
     controversy it evokes, the burn-up of plutonium in mixed-
     oxide fuel is the preferred method of disposing of large 
     volumes of weapons grade plutonium. The conferees expect the 
     Department to adhere to the schedule and process for 
     selection of contractors for the mixed-oxide fuel plant and 
     reactors in fiscal year 1998.
       However, the conferees direct that the principle objective 
     of the materials disposition program be the conversion of 
     Russian and United States classified materials shapes with 
     special emphasis on weapon primary ``pits'' into non-weapons 
     usable, verifiable shapes and forms. Material in classified 
     shapes is by far the most attractive for diversion, theft or 
     weapons reassembly, and for that reason this class of 
     material requires immediate attention even if its initial 
     treatment does not lead immediately to final disposition. The 
     conversion of weapons grade plutonium into metallic or oxide 
     forms is acceptable for this step. The choice between oxide 
     or metallic forms should be dictated solely by the rapidity 
     with which the conversion can be accomplished and is 
     dependent upon construction details for different classified 
     shapes. Any delays in this first step predicated on 
     additional research for methods of preparation of materials 
     forms or licensing issues for eventual disposition in mixed-
     oxide fuel or vitrification are not acceptable. Adequate 
     technologies are available today for conversion of all types 
     of classified shapes.


                        nuclear energy (defense)

       The conference agreement provides $35,000,000 for the 
     international nuclear safety program to improve the safety of 
     Soviet-designed nuclear reactors, a decrease of $15,000,000 
     from the budget request. The conference agreement does not 
     provide funding for the spent fuel management program nor the 
     Chornobyl shutdown initiative.


                     office of hearing and appeals

       The conference agreement provides $2,300,000 instead of 
     $1,900,000 as proposed by the House and $2,685,000 as 
     proposed by the Senate.


                 independent assessment of doe projects

       The conference agreement provides $35,000,000 as proposed 
     by the House to provide for external reviews of the 
     Department's individual construction and privatization 
     projects, and an external review of the Department's facility 
     acquisition management process. The immediate concern of the 
     conferees is a review of all Department of Energy 
     construction projects initiated in fiscal year 1998, 
     construction projects currently in the conceptual design 
     phase, ongoing projects if recommended by the initial 
     assessment required below, and projects proposed by the 
     Department for privatization. These evaluations should 
     include a review and assessment of the quality of the 
     technical scopes, cost estimates, schedules, and supporting 
     data regarding these construction projects, and should make 
     recommendations on the validity of the proposed costs, 
     scopes, and schedules.
       While the House bill directed that these reviews be 
     conducted by the Corps of Engineers, the conferees 
     acknowledge that there may be other qualified, unbiased 
     external organizations that could conduct this type of 
     assessment. Therefore, prior to obligating any funds provided 
     for review of these construction and privatization projects, 
     the conferees expect the Department to contract with an 
     impartial independent organization with expertise in the 
     evaluation of government management and administrative 
     functions, for a detailed analysis of the proposed 
     independent assessment of construction projects.
       This contract should produce a report to be submitted to 
     the House and Senate Committees on Appropriations not later 
     than December 31, 1997. The report should address the need 
     for conducting independent assessments of the Department's 
     proposed and ongoing construction projects and projects 
     proposed for privatization, assess the proposed content of 
     these reviews as outlined above, as well as recommend the 
     appropriate entity(ies) (including, but not limited to, the 
     Corps of Engineers) to conduct these reviews. The conferees 
     expect this contract to be entered into as soon as possible, 
     and expect the Department to consult with the Appropriations 
     Committees regarding the selection of an independent 
     organization to produce this report.
       In addition to the report on the need for an independent 
     assessment of the Department's construction projects, the 
     conferees direct that the Department's overall management 
     structure and process for identifying, managing, designing 
     and constructing facilities also be reviewed by an impartial 
     independent organization with expertise in the evaluation of 
     government management and administrative functions. The 
     report should be provided to the Committees on Appropriations 
     by June 30, 1998. The process used by the Department and its 
     contractors to identify project requirements, develop scopes 
     of work, execute and manage design, prepare cost estimates, 
     select contract types, and execute and manage construction 
     must be examined. The review should assess the level of 
     oversight and experience of field and headquarters Federal 
     personnel involved in this process. The recommendations of 
     the report should include an analysis of the effectiveness of 
     this process, advantages, disadvantages, and recommended 
     improvements with the ultimate goal of establishing an 
     overall departmental process that has more control of the 
     projects and reduces project cost growth and schedule 
     slippages. This study should also include a review of large 
     operating projects such as environmental projects

[[Page H7983]]

     which may or may not involve much construction, but should 
     clearly be managed with the same principles and guidelines.


                             naval reactors

       The conference agreement provides $670,500,000, instead of 
     $673,500,000 as proposed by the House and $660,500,000 as 
     proposed by the Senate. An additional $30,000,000 over the 
     budget request has been provided to continue test reactor 
     inactivation efforts and environmental cleanup activities 
     which are scheduled to be completed in fiscal year 2002.


                     defense nuclear waste disposal

       The conference agreement appropriates $190,000,000 and 
     includes the Senate language providing that funds are 
     available until expended. The House bill did not include this 
     provision.

                    POWER MARKETING ADMINISTRATIONS

                      Alaska Power Administration

       In addition to the $1,000,000 provided by the House and 
     Senate, the conference agreement provides $2,500,000, as 
     recommended by the Senate, to replace a damaged transmission 
     cable. The conferees are aware that, in addition to the 
     $3,500,000 provided in this paragraph, the Department has 
     additional funding available from funds appropriated in prior 
     years. Any funds in excess of current requirements shall be 
     returned to the Treasury of the United States upon the sale 
     of the Administration.
       The conference agreement includes $10,000,000 for the Swan 
     Lake--Lake Tyee Intertie project, $10,000,000 less than the 
     amount recommended by the Senate.

                    Bonneville Power Administration

       A total of $3,750,000 has been made available to Bonneville 
     as permanent borrowing authority. During fiscal year 1998, 
     Bonneville plans to repay the Treasury $805,000,000, of which 
     $228,000,000 is to repay principal on the the Federal 
     investment in these facilities.
       The conferees note that the Senate report directs the 
     Northwest Power Planning Council to provide a final hatchery 
     review report by October 1998. As this late date will impede 
     the ability of the Appropriations Committees to incorporate 
     the findings of the review into the fiscal year 1999 
     appropriations process, the conferees direct the Council to 
     provide the final hatchery review report by June 1998.
       Cost control.--The conferees commend Bonneville for its 
     actions in the last three years to reduce planned spending by 
     approximately $600,000,000 annually and to reduce staffing by 
     1,000 positions. The conferees believe there is an 
     opportunity, and need, to further reduce costs. The conferees 
     understand that Bonneville and the Northwest Power Planning 
     Council are reviewing Bonneville's planned spending in order 
     to recommend ways for Bonneville to further control costs and 
     have engaged a group of senior business executives to aid in 
     this effort. The conferees support the efforts to assure that 
     limited ratepayer dollars are prudently spent. All program 
     expenditures, other than debt service, must be carefully 
     reviewed by Bonneville to determine whether additional 
     reductions or program terminations can be made to minimize 
     the potential for stranded costs and to keep rates 
     competitive in the wholesale power market. Concurrent with 
     this review, Bonneville staffing levels should continue to be 
     reviewed and adjusted to match changing program needs. The 
     conferees direct that Bonneville and the Council provide a 
     report to the House and Senate Committees on Appropriations 
     by March 1, 1998, identifying specific recommendations for 
     cost reductions in all non-debt service spending for which 
     Bonneville is responsible. This report should include 
     consideration of which current programs and functions 
     Bonneville should continue to perform in a competitive 
     market, and not focus merely on improved management 
     efficiency.

                   Southeastern Power Administration

       The conference agreement includes $12,222,000, the same 
     amount recommended by the House and the Senate.

                   Southwestern Power Administration

       The conference agreement includes $25,210,000, the same 
     amount recommended by the House.

                   Western Area Power Administration

       The conference agreement provides $189,043,000, the same 
     amount provided by the House. The conference agreement also 
     includes the Senate recommendation that $5,592,000 be 
     available as a transfer from the Colorado River Dam Fund.
       The conference agreement also includes $5,592,000, the same 
     amount as the Senate, to be deposited in the Utah reclamation 
     mitigation and conservation account.
       The conferees are aware of the Western Area Power 
     Administration's proposed distribution of projected fiscal 
     year 1998 costs across several financing sources, including 
     funds appropriated by the Congress. As Federal appropriated 
     funds are reduced while electricity rates drop in the 
     marketplace, the conferees direct that Western keep its 
     wholesale rate as competitive as possible and thereby 
     maintain as robust a repayment stream back to the Treasury as 
     possible.


                        Falcon and Amistad Fund

       The conference agreement includes $970,000, the same amount 
     recommended by the House.

                  FEDERAL ENERGY REGULATORY COMMISSION

       The conference agreement includes $162,141,000, the same 
     amount recommended by the House and Senate.

                           General Provisions


                          Department of Energy

       Sec. 301. The conference agreement includes a provision by 
     the House that none of the funds in this Act or any prior 
     appropriations Act may be used to award a management and 
     operating contract unless such contract is awarded using 
     competitive procedures, or the Secretary of Energy grants, on 
     a case-by-case basis, a waiver to allow for such a deviation. 
     At least 60 days before such action, the Secretary of Energy 
     must submit to the House and Senate Committees on 
     Appropriations a report notifying the Committees of the 
     waiver and setting forth the reasons for the waiver. Section 
     301 does not preclude extension of a contract awarded using 
     competitive procedures.
       Sec. 302. The conference agreement includes a provision 
     proposed by the House that none of the funds in this Act or 
     any prior appropriations Act may be used to award, amend, or 
     modify a contract in a manner that deviates from the Federal 
     Acquisition Regulation, unless the Secretary of Energy 
     grants, on a case-by-case basis, a waiver to allow for such a 
     deviation. At least 60 days before such action, the Secretary 
     of Energy must submit to the House and Senate Committees on 
     Appropriations a report notifying the Committees of the 
     waiver and setting forth the reasons for the waiver.
       The conferees direct the Department, as contracts are 
     awarded or renegotiated, to standardize its contracts in 
     accordance with the Federal Acquisition Regulation. In 
     awarding, amending, or modifying contracts, the Department is 
     directed to be cognizant of and utilize provisions of the 
     Federal Acquisition Regulation that permit exceptions to the 
     Federal Acquisition Regulation and provisions intended to 
     address the special circumstances entailed by management and 
     operating contracts.
       Sec. 303. The conference agreement includes a provision 
     proposed by the House that none of the funds in this Act or 
     any prior appropriations Act may be used to prepare or 
     implement workforce restructuring plans or provide enhanced 
     severance payments and other benefits and community 
     assistance grants for Federal employees of the Department of 
     Energy under section 3161 of the National Defense 
     Authorization Act for Fiscal Year 1993, Public Law 102-484.
       Sec. 304. The conference agreement includes a provision 
     proposed by the House that none of the funds in this Act or 
     any prior appropriations Act may be used to augment the 
     $61,159,000 made available for obligation in this Act for 
     severance payments and other benefits and community 
     assistance grants authorized under the provisions of section 
     3161 of the National Defense Authorization Act for Fiscal 
     Year 1993, Public Law 102-484. This provision does not 
     preclude the Department from proposing a reprogramming if 
     deemed critical to program needs during fiscal year 1998.
       Sec. 305. The conference agreement includes a provision 
     proposed by the House that none of the funds in this Act or 
     any prior appropriations Act may be used to prepare or 
     initiate Requests for Proposals for a program if the program 
     has not been funded by Congress.
       Sec. 306. The conference agreement includes a provision 
     proposed by the House that permits the transfer and merger of 
     unexpended balances of prior appropriations with 
     appropriation accounts established in this bill.
     Provision transferred to Title V.
       The general provision proposed by the House to prohibit 
     agency lobbying of Congress has been moved to Title V, and 
     will apply to each agency and department funded in this bill.
     Provisions not included in the conference agreement.
       The conference agreement does not include the House 
     provision prohibiting the use of funds to award or modify any 
     contract for support services without a cost comparison 
     conducted under the procedures and requirements of Office of 
     Management and Budget Circular A-76.
       The conference agreement does not include the House 
     provision prohibiting the use of funds to award or modify a 
     management and operating contract which includes funds for 
     support services contracts for use by Department of Energy 
     personnel.
       The conference agreement does not include the House 
     provision requiring an independent assessment before 
     initiation of new construction projects, but funds have been 
     provided for external reviews of the Department's facility 
     acquisition processes and individual construction projects.

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                                TITLE IV

                          INDEPENDENT AGENCIES

                    APPALACHIAN REGIONAL COMMISSION

       The conference agreement appropriates $170,000,000 instead 
     of $160,000,000 as proposed by both the House and the Senate. 
     The agreement includes $92,500,000 for the highway 
     development program. In addition, the agreement includes 
     $10,000,000 for ARC highways, to be allocated at the 
     discretion of the ARC Federal Co-Chairman.

                DEFENSE NUCLEAR FACILITIES SAFETY BOARD

       The conference agreement appropriates $17,000,000 for the 
     Defense Nuclear Facilities Safety Board instead of 
     $16,000,000 as proposed by the House and $17,500,000 as 
     proposed by the Senate.

                     NUCLEAR REGULATORY COMMISSION


                         salaries and expenses

       The conference agreement includes $468,000,000, instead of 
     $462,700,000 as proposed by the House and $476,500,000 as 
     proposed by the Senate. The conferees have provided 
     $15,000,000, to be derived from the Nuclear Waste Fund, for 
     the Commission's ongoing work to characterize Yucca Mountain 
     as a potential site for a permanent nuclear waste repository. 
     The conference agreement also includes $2,000,000, the amount 
     provided by the House and Senate, for activities related to 
     commercial vitrification at the Hanford site and $1,000,000, 
     as provided by the House, for activities related to 
     independent oversight of certain Department of Energy nuclear 
     facilities.


                      office of inspector general

       The conference agreement includes $4,800,000, the same 
     amount provided by the House and Senate.

                  NUCLEAR WASTE TECHNICAL REVIEW BOARD

       The conference agreement appropriates $2,600,000 instead of 
     $2,400,000 as proposed by the House and $3,200,000 as 
     proposed by the Senate.

                       TENNESSEE VALLEY AUTHORITY

       The conference agreement includes $70,000,000 instead of $0 
     as proposed by the House and $86,000,000 as proposed by the 
     Senate. The conference agreement includes language earmarking 
     $6,900,000 for Land Between the Lakes. The agreement includes 
     language proposed by the House providing for direct funding 
     by TVA of its nonpower programs, amended to delay its 
     implementation until fiscal year 1999.
       The conferees accept the Administration's proposal to 
     terminate appropriated funding for TVA after fiscal year 
     1998.
       It is the view of the conferees that the environmental, 
     stewardship, and economic development activities of the TVA 
     have been of tremendous benefit to the Tennessee Valley 
     region and have contributed substantially to the general 
     prosperity of the country. It is possible, however, that 
     other entities may be well suited to perform the vital public 
     services currently provided by TVA.
       Accordingly, the Director of the Office of Management and 
     Budget should undertake a review of the nonpower functions of 
     the TVA to determine whether TVA or some other entity should 
     be responsible for their continued execution. A report based 
     on this review should accompany the fiscal year 1999 budget 
     submission to Congress.
       The conferees direct that from non-appropriated funds, TVA 
     shall relocate power lines in the area of the lake 
     development proposed by Union County, Mississippi. The 
     conferees also expect TVA to assist in the preparation of 
     environmental impact statements where necessary.

                                TITLE V

                           GENERAL PROVISIONS

       Sec. 501. The conference agreement includes a provision 
     proposed by the House in title III of the bill that none of 
     the funds in this Act or any prior appropriations Act may be 
     used in any way, directly or indirectly, to influence 
     congressional action on any legislation or appropriation 
     matters pending before Congress, other than to communicate to 
     Members of Congress as described in section 1913 of title 18, 
     United States Code. The conferees direct each agency or 
     department to notify the House and Senate Committee on 
     Appropriations by January 15, 1998, of the actions taken to 
     apprise its Federal and contractor employees of this 
     provision.
       Sec. 502. The conference agreement includes language 
     proposed by both the House and Senate regarding the purchase 
     of American-made equipment and products, and prohibiting 
     contracts with persons falsely labeling products as made in 
     America.
       Sec. 503. The conference agreement includes language 
     proposed by the House prohibiting the award of funds to 
     institutions not in compliance with certain requirements 
     regarding campus access for units of the Senior Reserve 
     Officer Training Corps and Federal military recruitment 
     personnel.
       Sec. 504. The conference agreement includes language 
     proposed by the House prohibiting the use of funds to enter 
     into or renew contracts with entities failing to comply with 
     statutory reporting requirements concerning the employment of 
     certain veterans.
       Sec. 505. The conference agreement includes language 
     proposed by the House which provides that none of the funds 
     made available by this Act may be used for the Animas-La 
     Plata project in Colorado and New Mexico except for 
     activities required to comply with the applicable provisions 
     of current law and the continuation of activities pursuant to 
     the Colorado Ute Indian Water Rights Settlement Act of 1988.
       Sec. 506. The conference agreement includes language 
     proposed by the Senate which clarifies that the Albuquerque 
     Metropolitan Area Water Reclamation and Reuse project is 
     eligible for construction under Title XVI of the Reclamation 
     Projects Authorization and Adjustment Act of 1992, Public Law 
     102-575, as amended. The language has been amended to make 
     technical corrections.
       Sec. 507. The conference agreement includes language 
     proposed by the Senate which amends the Yavapai-Prescott 
     Indian Treaty Settlement Act of 1994 to increase the 
     appropriations ceiling for the Chandler Pumping Plant feature 
     of the Yakima River Basin Water Enhancement Project.
       Sec. 508. The conference agreement includes language 
     proposed by the Senate regarding the construction of 
     recreational features at the Stonewall Jackson Lake project 
     in West Virginia.
       Sec. 509. The conference agreement includes a provision 
     allowing the United States Enrichment Corporation (USEC) to 
     transfer funds to the Department of Energy to be used for 
     development and demonstration of the Atomic Vapor Laser 
     Isotope Separation (AVLIS) technology for uranium enrichment. 
     The funds to be transferred are to be derived from savings 
     achieved by the USEC during fiscal year 1998, and the total 
     amount obligated by the Department may not exceed 
     $60,000,000.
       This provision will permit continued development of the 
     AVLIS technology until the Corporation is sold. The provision 
     is necessitated by the Administration's inability to sell the 
     Corporation in accordance with the Administration's own 
     schedule. Within 30 days of enactment of this Act, the 
     Secretary of the Treasury is to provide to the Committees 
     on Appropriations a report on the issues that must be 
     resolved prior to sale of the Corporation and the date on 
     which the Corporation will be sold.
       Sec. 510. The conference agreement includes language which 
     provides that none of the funds made available by this Act 
     may be used to determine the final point of discharge for the 
     interceptor drain for the San Luis Unit of the Central Valley 
     project until development by the Secretary of the Interior 
     and the State of California of a plan, which shall conform to 
     the water quality standards of the State of California as 
     approved by the Administrator of the Environmental Protection 
     Agency, to minimize any detrimental effect of the San Luis 
     drainage waters. The language also provides that the costs of 
     the Kesterson Reservoir Cleanup Program and the San Joaquin 
     Valley Drainage Program shall be classified as reimbursable 
     or non-reimbursable by the Secretary of the Interior as 
     described in the Bureau of Reclamation report entitled, 
     ``Repayment Report, Kesterson Reservoir Cleanup Program and 
     San Joaquin Valley Drainage Program, February 1995'' and that 
     any future obligation of funds for drainage service or 
     drainage studies for the San Luis Unit shall be fully 
     reimbursable by San Luis Unit beneficiaries pursuant to 
     Reclamation law.
       Sec. 511. The conference agreement includes language 
     amending the USEC Privatization Act to require the presence 
     of an adequate number of security guards carrying sidearms to 
     ensure maintenance of security at the gaseous diffusion 
     plants.
       Sec. 512. High Flux Beam Reactor (HFBR) at Brookhaven 
     National Laboratory--The conference agreement includes bill 
     language prohibiting the use of funds in this or any other 
     Act for the purpose of restarting the High Flux Reactor 
     (HFBR). In fiscal year 1998, the Department of Energy is 
     directed to drain the spent fuel pool, and may add a steel 
     wall liner to the pool so that additional radioactive 
     material may be removed without the threat of leakage. The 
     Department of Energy is also directed to meet the 
     requirements outlined in Suffolk County Sanitary Code Article 
     12, complete seismic upgrades, and seal the floor drain.
       The Department of Energy is also directed to undertake an 
     environmental impact statement (EIS) with respect to the 
     HFBR. The conferees expect that the EIS will be a 
     comprehensive survey of any environmental hazards that the 
     tritium leak or other contamination associated with the HFBR 
     pose to the drinking water and health of the people in the 
     surrounding communities, and that it will provide a detailed 
     plan for remediation. The findings of the EIS and a plan for 
     any necessary remediation shall be reported to Congress.
     Provisions not adopted by the conferees
       The conference agreement deletes language proposed by the 
     Senate that authorized the Secretary of the Interior to use 
     funds appropriated for the Bureau of Reclamation to enter 
     into cooperative agreements with willing private landowners 
     for restoration and enhancement of fish, wildlife, and other 
     resources on public or private land within watersheds that 
     contain Bureau of Reclamation projects.

                   Conference Total--With Comparisons

       The total new budget (obligational) authority for the 
     fiscal year 1998 recommended by the Committee of Conference, 
     with comparisons to the fiscal year 1997 amount, the 1998 
     budget estimates, and the House and Senate bills for 1998 
     follow:

New budget (obligational) authority, fiscal year 1997...$20,990,027,000

[[Page H8003]]

Budget estimates of new (obligational) authority, fiscal 23,047,903,000
House bill, fiscal year 1998.............................20,416,989,000
Senate bill, fiscal year 1998............................21,209,623,000
Conference agreement, fiscal year 1998...................21,152,202,000
Conference agreement compared with:
      New budget (obligational) authority, fiscal year 1997+162,175,000
      Budget estimates of new (obligational) authority, fiscal year 
        1998.............................................-1,895,701,000
      House bill, fiscal year 1998.........................+735,213,000
      Senate bill, fiscal year 1998.........................-57,421,000
     Joseph McDade,
     Harold Rogers,
     Joe Knollenberg,
     R. P. Frelinghuysen,
     Mike Parker,
     Sonny Callahan,
     Jay Dickey,
     Bob Livingston,
     Vic Fazio,
     Peter J. Visclosky,
     Chet Edwards,
     Ed Pastor,
     David R. Obey,
                                Managers on the Part of the House.
     Pete V. Domenici,
     Thad Cochran,
     Slade Gorton,
     Mitch McConnell,
     Robert E. Bennett,
     Conrad Burns,
     Larry Craig,
     Ted Stevens,
     Harry Reid,
     Robert C. Byrd,
     Fritz Hollings,
     Patty Murray,
     Herb Kohl,
     Byron L. Dorgan,
     Daniel K. Inouye,
     Managers on the Part of the Senate.

                          ____________________