[Congressional Record Volume 144, Number 80 (Thursday, June 18, 1998)]
[Senate]
[Pages S6539-S6548]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                        animas-la plata project

  Mr. FEINGOLD. Mr. President, I wanted to make a statement on a matter 
of concern to me in the FY 99 Energy and Water Appropriations 
legislation. As my colleagues know, I have long been active in raising 
Senate awareness about the financial costs of moving forward with 
development and construction of the full-scale version of the Animas-La 
Plata project. I am concerned that Section 505 of the legislation 
before us may require the federal government to proceed with 
construction of the full-scale project, just at the time when the 
Congress is about to get additional information from the Bureau of 
Reclamation about alternatives to that project.
  As my colleagues will recall from the debate on an amendment I 
offered to the FY 98 Energy and Water Appropriations legislation on 
this matter, the currently authorized Animas-La Plata project is a $754 
million dollar water development project planned for southwest Colorado 
and northwest New Mexico, of which federal taxpayers are slated to pay 
more than 65% of the costs.
  As described in the Committee Report on the legislation now before 
this body on page 80, the total federal cost associated with this 
project is now more than $512 million.
  Section 505 of this bill starts out sounding like a prohibition on 
funds for the Animas-La Plata project. It states that none of the money 
in this bill is to be used ``to pay the salary of any officer or 
employee of the Department of the Interior may be used for the Animas-
La Plata Project.''
  However, the bill goes on to say that none of the money may be used 
for the Animas-La Plata project except in two cases: ``(1) activities 
required to comply with the applicable provisions of current law; and 
(2) continuation of activities pursuant to the Colorado Ute Settlement 
Act of 1988.''
  Mr. President, let me be clear, the applicable provisions of current 
law require the construction of the full project. And though Section 
505 of the bill before us is similar to language added by the other 
body to the FY 98 Energy and Water Appropriations legislation and 
retained by the Conferees, it was never considered by this body.
  Subsequently, Mr. President, I do not believe, as I will discuss in 
greater detail, that Section 505 reflects either the position of this 
body or the current status of Animas-La Plata.
  I am concerned with Section 505 for two reasons. First, it is not 
consistent with the activities proposed to be conducted by the 
Administration with the $3 million in funds it requested for Animas La 
Plata, funds which are included in this bill.
  As I described on the floor last year, in an attempt to resolve the 
disputes surrounding Animas La Plata, Colorado Governor Roy Roemer and 
Lieutenant Governor Gail Schoettler convened a discussion process in 
October of 1996 to resolve issues involving the principal parties in a 
dialogue about the Animas project in order to reach consensus.
  The Roemer-Schoettler process produced two major alternatives for 
consideration, one construction alternative and one non-construction 
alternative. As stated in the FY 99 Budget Justification issued by the 
Department of the Interior for the Animas La Plata project on page 223, 
``appropriate implementation activities'' for these alternatives ``will 
likely depend upon further direction from Congress.''
  This body knew that. At the time members voted on the amendment I 
offered last year to ensure a thorough evaluation, Roemer-Schoettler 
was concluding and the Interior Department was about to embark on an 
evaluation of the Roemer-Schoettler alternatives. That evaluation has 
not yet been completed and given to Congress.
  In fact, Mr. President, the Interior Department's Budget 
Justification for FY 99 makes clear that these analyses are not yet 
finished. On page 226, it states that ``work proposed for the Animas-La 
Plata project includes analysis of alternatives developed during the 
Roemer-Schoettler process and other subsequent activities.'' It 
continues, ``depending on actions taken subsequent to the development 
of alternatives through the Roemer-Schoettler process, FY 1999 work 
could include finishing a study of alternatives, preparing cost share 
agreements, water rights settlement agreements, and repayment contracts 
and NEPA, Clean Water Act and other environmental compliance 
processes.''
  Mr. President, this justification specifically says that the Interior 
Department is not intending to proceed with the original full-scale 
Animas-La Plata Project in FY 99. The Interior Department, it says, 
instead wants $3 million in FY 99 to finish a study of alternatives 
and, depending upon Congressional action and direction, it could 
undertake a number of activities related to the implementation of 
alternatives in FY 99.
  Not only does Section 505 require the Interior Department to go back 
to planning and evaluating the old full-scale project, it also fails to 
recognize the strong message that the Congress, project proponents and 
project opponents all recognize the full-scale project is dead. After 
30 years, and now more than $70 million in appropriations to date, the 
project costs of full-scale Animas-La Plata are too great, and there 
are too many lingering substantive questions to proceed with the 
original design.
  The other body has twice voted to terminate funds for the full-scale 
Animas La Plata project.
  Last year, 42 members of this body supported my amendment to require 
the Interior Department to provide a report to Congress on a revised 
project plan for Animas-La Plata that would reduce the total cost of 
the program to the Federal Government, satisfy the Ute water rights 
claims, and ensure that no funds were expended for construction until a 
revised project had been authorized by Congress.
  The Senior Senator from Colorado (Mr. Campbell) has legislation 
before this body (S. 1771) to modify the Colorado Ute Water Rights 
Settlement of 1988 so that the Ute's claims would be satisfied by the 
construction of only a portion of the facilities that are proposed to 
be built in the full-scale project. The Senate Indian Affairs Committee 
and the Senate Energy Committee are expected to hold a joint hearing on 
that legislation next week. I have concerns about whether that 
legislation will actually restrict the obligation the federal 
government to the construction of only a portion of the original 
project, but I was looking forward to having that discussion in the 
appropriate venue.
  Mr. President, I too have legislatively supported the search for an 
alternative to Animas-La Plata. In fact, legislation that I introduced 
on March 13, 1997 cosponsored by the Senator from Kansas (Mr. 
Brownback), the Senator from New Hampshire (Mr. Gregg), and the Senator 
from Oregon (Mr. Wyden) and sponsored in the other body by my colleague 
from Wisconsin (Mr. Petri) and the Congressman from New York (Mr. 
DeFazio), deauthorizes the current Animas-La Plata project and directs 
the Secretary of the Interior to work with the Southern Ute and Ute 
Mountain tribes to find an alternative to satisfy their water rights 
needs.
  With all this focus on an alternative, the Senate should not be 
requiring the Interior Department to proceed with the current project.
  So why is Section 505 in the bill, Mr. President? The legislative 
language seems to cast doubt on the Senate's intentions, and this 
Senator can only assume that we are appropriating money for the 
original project because there is some need to provide those who 
support a construction alternative with the ultimate insurance that it 
will be built. Should a construction alternative be infeasible, and 
from a policy perspective it may be so, continuing to sock money away 
for the original full-scale project provides a rationale for proceeding 
with the project.
  Mr. President, I am not certain how Congress ultimately will decide 
to proceed on this matter, but we are now engaged in evaluation of 
alternatives to the full-scale Animas project. I am certain, moreover, 
that it is within the jurisdiction of this body's Energy Committee to 
determine the benefits of an alternative Reclamation project. 
Additionally, it is the responsibility of this body's Indian Affairs 
committee to make certain that the federal government's legal 
responsibilities to the Ute tribes under any sort of revised agreement 
are met. We should let these hearings move forward without 
legislatively trumping any potential for implementing an alternative 
through Section 505.

[[Page S6540]]

  This Senate should not go backward and require the Interior 
Department to proceed with the full-scale Animas project. We have the 
potential, if we carry on with the activities the Interior Department 
proposes to conduct, to achieve significant savings and settle the 
Ute's claims. The Roemer-Schoettler process generated two alternatives, 
which the Interior Department is studying. What is clear is that these 
alternatives have the potential to save the taxpayers between $500-$600 
million. These savings will certainly not be realized if we proceed 
with the full-scale Animas project as required by Section 505.
  Mr. LEVIN. Mr. President, I am pleased the managers have accepted my 
amendment adding funds for two shoreline erosion projects along the 
Detroit River. The funds provided will allow reconnaissance surveys to 
go forward to help develop longer term plans for the important ongoing 
and comprehensive effort to revitalize the Detroit waterfront. I call 
to the attention of my colleagues that the Detroit River has been named 
by the Administration as an American Heritage River. Such recognition, 
combined with attention from the Army Corps and other Federal agencies, 
will assist in these redevelopment efforts.
  The managers have also accepted my and Senator Glenn's proposal to 
clarify that aquatic ecosystem restoration funds (section 206) can be 
used for sea lamprey barrier construction. The language in the 
amendment does not place a limit on the Corps' use of section 206 funds 
for this purpose. As my colleagues may know, the sea lamprey is a 
devastating invasive species that has plagued the Great Lakes since it 
first appeared and these barriers play an important role in preventing 
this species spread and population growth. The Corps can and should 
work with the Great Lakes Fishery Commission to place these barriers in 
the most efficient spots.
  In addition, the managers have agreed to accept two important changes 
affecting contaminated sediments. The first is my and Senator Glenn's 
recommendation to increase the funds available for development of 
technology to remediate contaminated sediments. This is a pressing 
problem in the Great Lakes and across the country as EPA's recently 
published inventory of sediment quality establishes. The amount 
provided should help us make some progress in identifying cost-
effective means of addressing this difficult pollution issue. The 
second is making it clear that the Corps can and Congress desires the 
Corps to spend funds to support the National Contaminated Sediment Task 
Force. This body was first authorized in WRDA 1992, but no 
Administration has requested funds to make this Task Force operational. 
The lack of funding for this body to date and the resulting lack of 
attention to this important matter must be changed.
  I would also note that the Committee has significantly increased the 
planning assistance to states, as I and my Great Lakes colleagues 
proposed, and that the Corps should use some of this increase to 
provide technical assistance, as authorized in section 401 of WRDA, to 
communities working on developing Remedial Action Plans in Areas of 
Concern.
  Mr. President, the diversion of Great Lakes waters out of the Great 
Lakes Basin is a matter of great concern to those of us from the Great 
Lakes region. Earlier this year, a Canadian firm announced plans and 
received permission from the Ontario Provincial government, permission 
which has since been withdrawn, to export water from Lake Superior to 
Asia. Also, the Army Corps has been considering a permit from a company 
in Wisconsin that wants to use ground water that would otherwise 
discharge into Lake Michigan for an industrial process then send the 
wastewater out of the Basin into the Mississippi River watershed. These 
and other activities, including litigation on the latter action, 
highlight the need for Congress to reemphasize that existing law 
prohibits such interbasin transfers, unless the process under the Water 
Resources Development Act of 1986 is followed.
  Last year, the managers accepted an amendment I offered to prohibit 
the Corps from using appropriated funds to permit a diversion, though 
it was subsequently dropped in conference. Senators Glenn and Feingold 
and I had discussed offering a similar amendment to the FY99 bill 
clarifying that such permitting activities on the part of the Corps, 
and indeed, all Federal agencies, are prohibited under WRDA 1986 unless 
the Great Lakes States unanimously approve of any diversion. However, 
the Senator from Nevada, who also sits on the Environment and Public 
Works Committee, has offered his assistance on this matter, which needs 
attention and clarification when and if the Senate prepares and 
considers a new Water Resources Development Act for 1998. I thank him 
for that consideration and we will await our next opportunity.
  The Committee bill includes some other important items for Michigan 
and the Great Lakes. They include:
  $1.5 million for Corps' public facility research and development to 
control zebra mussels and other invasive species.
  $1 million for solar thermal energy dish/engine field verification, 
which would support work that has been done by Stirling Thermal Motors 
in Ann Arbor.
  $3 million for accelerated demonstration of federally sponsored 
research for renewable energy production and environmental remediation 
project at the Michigan Biotechnology Institute in Okemos.
  $.5 million for Great Lakes sediment transport and modeling. The 
Corps can use these funds to develop models to target Areas of Concern, 
such as the Saginaw River, for preventive measures to control future 
sediment loadings,
  $39.95 million for operation and maintenance (mainly dredging at 24 
harbors, rivers and channels in Michigan), including $1.9 million for 
Pentwater Harbor, which was not in the budget request.
  $.5 million to begin preparation of the general design memo for 
replacement lock at Sault Ste. Marie.
  $6 million for aquatic ecosystem restoration. These funds can now be 
used to construct sea lamprey barriers, per the accepted amendment 
mentioned previously.
  $70 million more than proposed by the Committee, per the Jeffords/
Roth amendment, for solar and renewable energy research and 
development. This is the amount in the President's budget request.
  Mr. President, this is a good bill, despite the budget constraints 
that the managers faced in putting it together. I look forward to 
working with the managers and other Committee members on these 
important matters as they proceed to Conference.
  Mr. McCONNELL. Mr. President, I come to the floor today to engage my 
distinguished colleague, the Chairman of the Energy and Water 
Appropriations Subcommittee, Senator Domenici, in a colloquy on an 
issue which could have a tremendous impact on the economies of Paducah, 
Kentucky and Portsmouth, Ohio.
  Mr. President, I am deeply concerned about the magnitude of the job 
cuts that may occur as a result of the imminent privatization of the 
United States Enrichment Corporation (USEC). It is my understanding 
that upwards of 1,700 jobs might be lost once the Corporation is 
privatized. Further, I am told that 600 jobs could be lost even if USEC 
is not privatized and continues to operate as a federal corporation. In 
an effort to mitigate the loss of jobs at the Paducah and Portsmouth 
facilities, I have drafted an amendment to ensure that dollars 
currently earmarked for the cleanup of USEC generated uranium tails, 
which is an extremely toxic material, remain dedicated to cleaning up 
the Paducah and Portsmouth plants.
  Mr. President, today USEC has accrued approximately $400 million on 
its books for the purpose of cleaning up the uranium waste generated by 
the uranium enrichment process. It is my understanding, however, that 
this money only remains available until USEC is privatized. At that 
point, the funds will be transferred to the General Fund of the 
Treasury. I believe it would be a huge mistake if we allowed these 
funds to be dumped into the General Fund, while we have a tremendous 
need for this cleanup, and funds specifically dedicated for this 
cleanup. Ensuring that these funds will be spent to dispose of USEC's 
uranium waste at both of the Gaseous Diffusion plants, will also help 
to mitigate job losses

[[Page S6541]]

which occur as a result of privatization.
  Although I will not offer my amendment today, I would like to discuss 
it with Senator Domenici.
  Mr. Chairman, isn't it true that since its inception in 1993, the 
USEC has created over 9,300 canisters of depleted uranium hexaflouride, 
with over 6,000 located at Paducah? Also, hasn't USEC carried over $400 
million on its balance sheet for the clean up of this waste stream?
  Mr. DOMENICI. The Senator is correct, USEC does maintain a fund 
specifically earmarked for the cleanup of this material.
  Mr. McCONNELL. I would ask the Chairman of the Energy and Water 
Subcommittee what will happen to both the cleanup liability and the 
funds, upon the privatization of USEC. Won't the Department of Energy 
(DOE) accept full responsibility for the cleanup for this environmental 
liability, as provided under the 1996 USEC Privatization Act? Also, it 
is my understanding that the funds would be transferred to the General 
Fund, and no longer specifically dedicated to funding USEC's 
environmental cleanup? Is this accurate?
  Mr. DOMENICI. The USEC privatization legislation sets a cut-off at 
the date of privatization. Environmental liabilities that occur after 
the date of privatization--when USEC is no longer government owned--are 
not the responsibility of the Federal government. Liabilities incurred 
prior to that date--when USEC is government owned--remain the 
responsibility of the government.
  Mr. McCONNELL. Mr. President, I, for one, would like to see that DOE 
use the funds, which were collected from USEC customers and currently 
earmarked for cleaning up the uranium, continue to be dedicated to 
cleanups.
  Would the Chairman of the Energy and Water Subcommittee assist me in 
finding a solution to ensure that the money earmarked, for the purpose 
of cleaning up the uranium tails produced by USEC, will continue to be 
dedicated for these purposes and help to mitigate the job losses at 
these plants?
  Mr. DOMENICI. I agree that we need to make cleanup a priority and 
seek to apply these funds toward cleanup--they were collected for that 
purpose and should be used for such. I will work with the Senator to 
achieve this end.


                           Amendment No. 2726

  Mr. DOMENICI. I send to the desk an amendment on behalf of Mr. Dorgan 
and Mr. Conrad and I ask for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from New Mexico [Mr. Domenici] for Mr. Dorgan 
     and Mr. Conrad, proposes an amendment numbered 2726.

  Mr. DOMENICI. Mr. President, I ask unanimous consent reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       On page 18, line 2 insert the following after the period:
       ``: Provided further, That the Secretary of the Interior 
     shall waive the scheduled annual payments for fiscal years 
     1998 and 1999 under section 208 of Public Law 100-202 (101 
     Stat. 1329-118)''.
       And on page 16, line 16 strike: ``$697,919,000'' and 
     insert: ``$697,669,000''.

  Mr. DOMENICI. Mr. President, we have no objection to the amendment.
  Mr. REID. No objection.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  The amendment (No. 2726) was agreed to.
  Mr. DOMENICI. I move to reconsider the vote.
  Mr. REID. I move to lay it on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 2727

  Mr. DOMENICI. Mr. President, I send an amendment to the desk on 
behalf of Senator Murray and Senator Gorton, the occupant of the Chair.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from New Mexico [Mr. Domenici] for Mrs. Murray 
     and Mr. Gorton, proposes amendment numbered 2727.

  Mr. DOMENICI. Mr. President, I ask unanimous consent reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       On page 21, line 19: strike ``$456,700,000, to remain 
     available until expended.'' and insert ``424,600,000, to 
     remain available until expended.''


                             Energy Supply

       On page 21, line 2 strike ``motor vehicles for replacement 
     only, $699,836,000, to re-'' and insert ``motor vehicles for 
     replacement only, 699,864,000, to re-''

  Mr. DOMENICI. Mr. President, essentially this amendment moves the 
dollar amount for the flux reactor in your State and Senator Murray's 
State from one account to another. In the process, because of the 
outlays of one portion versus the other, the budget authority had to be 
reduced by $4 million. It has been adjusted accordingly, and we have no 
objection.
  Mr. REID. There is no objection on this side.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  The amendment (No. 2727) was agreed to.
  Mr. DOMENICI. I thank Senator Murray for her attention.
  Mr. REID. I move to reconsider the vote.
  Mr. DOMENICI. I move to lay it on the table.
  The motion to lay on the table was agreed to.
  The PRESIDING OFFICER. If there are no further amendments, the 
question is on the engrossment and third reading of the bill.
  The bill was ordered to be engrossed for a third reading, and was 
read the third time.
  Mr. DOMENICI. Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second? There is a 
sufficient second.
  The yeas and nays were ordered.
  The PRESIDING OFFICER. The bill having been read the third time, the 
question is, Shall the bill pass?
  The yeas and nays have been ordered.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. NICKLES. I announce that the Senator from Pennsylvania (Mr. 
Specter), is absent because of illness.
  The result was announced--yeas 98, nays 1, as follows:

                      [Rollcall Vote No. 165 Leg.]

                                YEAS--98

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

                                NAYS--1

       
     Feingold
       

                             NOT VOTING--1

       
     Specter
       
  The bill (S. 2138) as amended, was passed, as follows:

                                S. 2138

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

                                TITLE I

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

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


                         General Investigations

       For expenses necessary for the collection and study of 
     basic information pertaining to

[[Page S6542]]

     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, $165,390,000, to remain 
     available until expended, of which funds are provided for the 
     following projects in the amounts specified:
       Rehoboth and Dewey Beaches, Delaware, $150,000;
       Fort Pierce Shore Protection, Florida, $300,000;
       Lido Key Beach, Florida, $300,000;
       Paducah, Kentucky, $100,000; and
       Lake Pontchartrain Basin Comprehensive Study, Louisiana, 
     $500,000:
     Provided, That the Secretary of the Army, acting through the 
     Chief of Engineers, is directed to use $700,000 of the funds 
     appropriated in Public Law 102-377 for the Red River 
     Waterway, Shreveport, Louisiana, to Daingerfield, Texas, 
     project for the feasibility phase of the Red River 
     Navigation, Southwest Arkansas, study: Provided further, That 
     the Secretary of the Army may make available $500,000 for the 
     Atlanta Watershed, Atlanta, Georgia project.


                         Construction, General

       For the prosecution of river and harbor, flood control, 
     shore protection, and related projects authorized by laws; 
     and detailed studies, and plans and specifications, of 
     projects (including those for development with participation 
     or under consideration for participation by States, local 
     governments, or private groups) authorized or made eligible 
     for selection by law (but such studies shall not constitute a 
     commitment of the Government to construction), 
     $1,248,068,000, to remain available until expended, of which 
     such sums as are necessary for the Federal share of 
     construction costs for facilities under the Dredge Material 
     Disposal Facilities program shall be derived from the Harbor 
     Maintenance Trust Fund, as authorized by Public Law 104-303; 
     and of which such sums as are necessary pursuant to Public 
     Law 99-662 shall be derived from the Inland Waterways Trust 
     Fund, for one-half of the costs of construction and 
     rehabilitation of inland waterways projects, including 
     rehabilitation costs for the Lock and Dam 25, Mississippi 
     River, Illinois and Missouri; Lock and Dam 14, Mississippi 
     River, Iowa; Lock and Dam 24, Mississippi River, Illinois and 
     Missouri; and Lock and Dam 3, Mississippi River, Minnesota, 
     projects, and of which funds are provided for the following 
     projects in the amounts specified:
       Norco Bluffs, California, $4,000,000;
       Panama City Beaches, Florida, $5,000,000;
       Indianapolis Central Waterfront, Indiana, $4,000,000;
       Harlan, Williamsburg, Pike County Middlesboro, Cumberland 
     City/Harland County, and Martin County, elements of the 
     Levisa and Tug Forks of the Big Sandy River and Upper 
     Cumberland River project in Kentucky, $28,500,000;
       Lake Pontchartrain and Vicinity (Hurricane Protection), 
     Louisiana, $10,000,000;
       Lake Pontchartrain (Jefferson Parish) Stormwater Discharge, 
     Louisiana, $6,000,000;
       Jackson County, Mississippi, $4,500,000;
       Pascagoula Harbor, Mississippi, $10,000,000;
       Wallisville Lake, Texas, $8,000,000;
       Virginia Beach, Virginia (Hurricane Protection), 
     $20,000,000;
       Upper Mingo County (including Mingo County Tributaries), 
     Lower Mingo County (Kermit), Wayne County, Hatfield Bottom, 
     and McDowell County, elements of the Levisa and Tug Forks of 
     the Big Sandy River and Upper Cumberland River project in 
     West Virginia, $12,300,000; and the Grundy, Virginia element 
     of the Levisa and Tug Forks of the Big Sandy River and Upper 
     Cumberland River project, $1,000,000:
     Provided, That the navigation project for Cook Inlet 
     Navigation, Alaska, authorized by Section 101(b)(2) of Public 
     Law 104-303 is modified to authorize the Secretary of the 
     Army, acting through the Chief of Engineers to construct the 
     project at a total cost of $12,600,000 with an estimated 
     first Federal cost of $9,450,000 and an estimated first non-
     Federal cost of $3,150,000: Provided further, That the 
     Secretary of the Army, acting through the Chief of Engineers 
     is directed to use $5,000,000 provided herein to construct 
     bluff stabilization measures at authorized locations for the 
     Natchez Bluff, Mississippi at a total estimated cost of 
     $26,065,000 with an estimated first Federal cost of 
     $19,549,000 and an estimated first non-Federal cost of 
     $6,516,000 and to award continuing contracts, which are not 
     to be considered fully funded: Provided further, That the 
     Secretary of the Army, acting through the Chief of Engineers, 
     is directed to use funds previously appropriated for the 
     LaFarge Lake, Kickapoo River, Wisconsin project to complete 
     and transmit to the appropriate committees of Congress by 
     January 15, 1999 a decision document on the advisability of 
     undertaking activities authorized by Public Law 104-303: 
     Provided further, That the Secretary of the Army, acting 
     through the Chief of Engineers, may use up to $8,000,000 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)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended (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 $8,000,000 
     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, acting 
     through the Chief of Engineers is directed to use $500,000 of 
     funds appropriated herein to continue construction of the 
     Joseph G. Minish Passaic River waterfront park and historic 
     area, New Jersey project: Provided further, That of amounts 
     made available by this Act for project modifications for 
     improvement of the environment under section 1135 of the 
     Water Resources Development Act of 1986 (33 U.S.C. 2309a), 
     $500,000 may be made available for demonstration of sediment 
     remediation technology under section 401 of the Water 
     Resources Development Act of 1990 (33 U.S.C. 1268 note; 104 
     Stat. 4644): Provided further, That the Secretary of the Army 
     may make available $100,000 for the Belle Isle Shoreline 
     Erosion Protection, Michigan project; $100,000 for the 
     Riverfront Towers to Renaissance Center Shoreline Protection, 
     Michigan project; and $200,000 for the Great Lakes Basin, Sea 
     Lamprey Control, section 206, Michigan project.


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

       For expenses necessary for prosecuting work of flood 
     control, and rescue work, repair, restoration, or maintenance 
     of flood control projects threatened or destroyed by flood, 
     as authorized by law (33 U.S.C. 702a, 702g-1), $313,234,000, 
     to remain available until expended.


                   Operation and Maintenance, General

       For expenses necessary for the preservation, operation, 
     maintenance, and care of existing river and harbor, flood 
     control, and related works, including such sums as may be 
     necessary for the maintenance of harbor channels provided by 
     a State, municipality or other public agency, outside of 
     harbor lines, and serving essential needs of general commerce 
     and navigation; surveys and charting of northern and 
     northwestern lakes and connecting waters; clearing and 
     straightening channels; and removal of obstructions to 
     navigation, $1,667,572,000, to remain available until 
     expended, of which $460,000 may be made available for the 
     Omaha District to pay pending takings claims for flooding of 
     property adjacent to the Missouri River caused by actions 
     taken by the Army Corps of Engineers, of which $2,540,000 
     shall be available for the project on the Missouri River 
     between Fort Peck Dam and Gavins Point in South Dakota and 
     Montana, under section 9(f) of the Act entitled ``An Act 
     authorizing the construction of certain public works on 
     rivers and harbors for flood control, and for other 
     purposes'', approved December 22, 1944 (102 Stat. 4031), 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:
       Ponce DeLeon Inlet, Florida, $4,000,000;
       Delaware River, Philadelphia to the Sea, Pea Patch Island, 
     Delaware and New Jersey, $1,500,000; and
       Yuquina Bay and Harbor, North Marina Breakwater, Oregon, 
     $1,100,000:

[[Page S6543]]

     Provided, That no funds, whether appropriated, contributed, 
     or otherwise provided, shall be available to the United 
     States Army Corps of Engineers for the purpose of acquiring 
     land in Jasper County, South Carolina, in connection with the 
     Savannah Harbor navigation project: Provided further, That 
     notwithstanding section 103(c)(1) of Public Law 99-662, the 
     Secretary of the Army is directed to use up to $100,000 of 
     the funds appropriated herein for the Bluestone Lake, West 
     Virginia, project to reimburse the Tri-Cities Power Authority 
     the total amount provided by the Authority to the Department 
     of the Army after fiscal year 1997 for the reevaluation study 
     for the project.


                           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, of which 
     $250,000 may be made available to support the National 
     Contaminated Sediment Task Force established by section 502 
     of the Water Resources Development Act of 1992 (33 U.S.C. 
     1271 note; Public Law 102-580).


            formerly utilized sites remedial action program

                     (including transfer of funds)

       For expenses necessary to clean up contaminated sites 
     throughout the United States where work was performed as part 
     of the Nation's early atomic energy program, $140,000,000, to 
     remain available until expended: Provided, That the remedial 
     actions by the U.S. Army Corps of Engineers under this 
     program shall consist of the following functions and 
     activities to be performed at eligible sites where 
     remediation has not been completed: sampling and assessment 
     of contaminated areas, characterization of site conditions, 
     determination of the nature and extent of contamination, 
     preparation of designation reports, cleanup and closeout of 
     sites, and any other functions determined by the Chief of 
     Engineers as necessary of remediation: Provided further, That 
     remedial actions by the U.S. Army Corps of Engineers under 
     this program shall be subject to the administrative, 
     procedural, and regulatory provisions of the Comprehensive 
     Environmental Response, Compensation and Liability Act, 42 
     U.S.C. 9601 et seq., and the Notional Oil and Hazardous 
     Substances Pollution Contingency Plan, 40 C.F.R., Chapter 1, 
     Part 300: Provided further, That, except as stated herein, 
     these provisions do not alter, curtail or limit the 
     authorities, function or responsibilities of other agencies 
     under the Atomic Energy Act, 42 U.S.C. 2011 et seq.: Provided 
     further, That the unexpended balances of prior appropriations 
     provided for these activities in this Act or any previous 
     Energy and Water Development Appropriations Act may be 
     transferred to and merged with this appropriation account, 
     and thereafter, may be accounted for as one fund for the same 
     time period as originally enacted.


                            General Expenses

       For expenses necessary for general administration and 
     related functions in the Office of the Chief of Engineers and 
     offices of the Division Engineers; activities of the Coastal 
     Engineering Research Board, the Humphreys Engineer Center 
     Support Activity, the 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 
     Elemendorf Air Force Base. The Revolving Fund shall be 
     reimbursed for such funding from appropriations of the 
     benefitting programs by collection each year of user fees 
     sufficient to repay the capitalized cost of the asset and to 
     operate and maintain the asset. Using amounts available in 
     the Revolving Fund, the Secretary of the Army is authorized 
     to renovate office space in the General Accounting Office 
     headquarters building in Washington, DC, for use by the Corps 
     and GAO. The Secretary is authorized to enter into a lease 
     with GAO to occupy such renovated space as appropriate, for 
     the Corps' headquarters. The Secretary shall ensure that the 
     Revolving Fund is appropriately reimbursed from 
     appropriations of the Corps' benefitting programs by 
     collection each year of amounts sufficient to repay the 
     capitalized cost of such renovation and through rent 
     reductions or rebates from GAO.


                        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. Notwithstanding any other provisions of law, no 
     fully allocated funding policy shall be applied to projects 
     for which funds are identified in the Committee reports 
     accompanying the Act or a subsequent Energy and Water 
     Development Appropriations Act under the Construction, 
     General; Operation and Maintenance, General; and Flood 
     Control, Mississippi River and Tributaries, appropriation 
     accounts: Provided, That the Secretary of the Army, acting 
     through the Chief of Engineers, is directed to undertake 
     these projects using continuing contracts, as authorized in 
     section 10 of the Rivers and Harbors Act of September 22, 
     1922 (33 U.S.C. 621).
       Sec. 102. In fiscal year 1999, 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; development, restoration or improvement of 
     wetlands and other aquatic areas for the purpose of 
     protection or development of surface water resources; and 
     bulk fuel storage, rural power, erosion control, and 
     comprehensive utility planning: Provided, That the non-
     Federal interest shall enter into a binding agreement with 
     the Secretary wherein the non-Federal interest will provide 
     all lands, easements, rights-of-way, relocations, and dredge 
     material disposal areas required for the project, and pay 50 
     per centum of the costs of required feasibility studies, 25 
     per centum of the costs of designing and constructing the 
     project, and 100 per centum of the costs of operation, 
     maintenance, repair, replacement or rehabilitation of the 
     project: Provided further, That the value of lands, 
     easements, rights-of-way, relocations and dredged material 
     disposal areas provided by the non-Federal interest shall be 
     credited toward the non-Federal share, not to exceed 25 per 
     centum, of the costs of 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. 103. None of the funds made available in this Act may 
     be used to revise the Missouri River Master Water Control 
     Manual when it is made known to the Federal entity or 
     official to which the funds are made available that such 
     revision provides for an increase in the springtime water 
     release program during the spring heavy rainfall and snow 
     melt period in States that have rivers draining into the 
     Missouri River below the Gavins Point Dam.

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project


                central utah project completion account

       For carrying out activities authorized by the Central Utah 
     Project Completion Act, and for activities related to the 
     Uintah and Upalco Units authorized by 43 U.S.C. 620, 
     $43,665,000, to remain available until expended, of which 
     $15,476,000 shall be deposited into the Utah Reclamation 
     Mitigation and Conservation Account: Provided, That of the 
     amounts deposited into that account, $5,000,000 shall be 
     considered the Federal contribution authorized by paragraph 
     402(b)(2) of the Central Utah Project Completion Act and 
     $10,476,000 shall be available to the Utah Reclamation 
     Mitigation and Conservation Commission to carry out 
     activities authorized under that Act.
       In addition, for necessary expenses incurred in carrying 
     out related responsibilities of the Secretary of the 
     Interior, $1,283,000, to remain available until expended.

                         Bureau of Reclamation

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


                      Water and Related Resources

                     (including transfer of funds)

       For management, development, and restoration of water and 
     related natural resources and for related activities, 
     including the operation, maintenance and rehabilitation of 
     reclamation and other facilities, participation in fulfilling 
     related Federal responsibilities to Native Americans, and 
     related grants to, and cooperative and other agreements with, 
     State and local governments, Indian Tribes, and others, 
     $697,669,000, to remain available until expended, of which 
     $1,873,000 shall be available for transfer to the Upper 
     Colorado River Basin Fund and $46,218,000 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 of 
     the total appropriated, $25,800,000 shall be derived by 
     transfer of unexpended balances from the Bureau of 
     Reclamation Working

[[Page S6544]]

     Capital Fund: Provided further, That funds available for 
     expenditure for the Departmental Irrigation Drainage Program 
     may be expended by the Bureau of Reclamation for site 
     remediation on a non-reimbursable 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 $2,000,000 
     (October 1997 prices): Provided further, That the Secretary 
     of the Interior is directed to use not to exceed $3,600,000 
     of funds appropriated herein as the Bureau of Reclamation 
     share for completion of the McCall Area Wastewater 
     Reclamation and Reuse, Idaho, project authorized in Public 
     Law 105-62 and described in PN-FONSI-96-05: Provided further, 
     That the Secretary of the Interior is directed to use not to 
     exceed $200,000 of funds appropriated herein to provide 
     technical assistance in a study of measures to increase the 
     efficiency of existing water systems developed to serve sugar 
     cane plantations and surrounding communities in the State of 
     Hawaii: Provided further, That the Secretary of the Interior 
     shall waive the scheduled annual payments for fiscal years 
     1998 and 1999 under section 208 of Public Law 100-202 (101 
     Stat. 1329-118).


               bureau of reclamation loan program account

       For the cost of direct loans and/or grants, $12,000,000, to 
     remain available until expended, as authorized by the Small 
     Reclamation Projects Act of August 6, 1956, as amended (43 
     U.S.C. 422a-422l): Provided, That such costs, including the 
     cost of modifying such loans, shall be as defined in section 
     502 of the Congressional Budget Act of 1974: Provided 
     further, That these funds are available to subsidize gross 
     obligations for the principal amount of direct loans not to 
     exceed $38,000,000.
       In addition, for administrative expenses necessary to carry 
     out the program for direct loans and/or grants, $425,000, to 
     remain available until expended: Provided, That of the total 
     sums appropriated, the amount of program activities that can 
     be financed by the Reclamation Fund shall be derived from 
     that Fund.


                central valley project restoration fund

       For carrying out the programs, projects, plans, and habitat 
     restoration, improvement, and acquisition provisions of the 
     Central Valley Project Improvement Act, $39,500,000 to be 
     derived from such sums as may be collected in the Central 
     Valley Project Restoration Fund pursuant to sections 3407(d), 
     3404(c)(3), 3405(f), and 3406(c)(1) of Public Law 102-575, to 
     remain available until expended: Provided, That the Bureau of 
     Reclamation is directed to assess and collect the full amount 
     of the additional mitigation and restoration payments 
     authorized by section 3407(d) of Public Law 102-575.


               California Bay-Delta Ecosystem Restoration

                     (Including Transfer of Funds)

       For necessary expenses of the Department of the Interior 
     and other participating Federal agencies in carrying out the 
     California Bay-Delta Environmental Enhancement and Water 
     Security Act consistent with plans to be approved by the 
     Secretary of the Interior, in consultation with such Federal 
     agencies, $65,000,000, to remain available until expended, of 
     which such amounts as may be necessary to conform with such 
     plans shall be transferred to appropriate accounts of such 
     Federal agencies: Provided, That such funds may be obligated 
     only as non-Federal sources provide their share in accordance 
     with the cost-sharing agreement required under section 102(d) 
     of such Act: Provided further, That such funds may be 
     obligated prior to the completion of a final programmatic 
     environmental impact statement only if: (1) consistent with 
     40 CFR 1506.1(c); and (2) used for purposes that the 
     Secretary finds are of sufficiently high priority to warrant 
     such an expenditure.


                       policy and administration

       For necessary expenses of policy, administration, and 
     related functions in the office of the Commissioner, the 
     Denver office, and offices in the five regions of the Bureau 
     of Reclamation, to remain available until expended, 
     $48,000,000, to be derived from the Reclamation Fund and be 
     nonreimbursable as provided in 43 U.S.C. 377: Provided, That 
     no part of any other appropriation in this Act shall be 
     available for activities or functions budgeted as policy and 
     administration expenses.


                        administrative provision

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

                               TITLE III

                          DEPARTMENT OF ENERGY

                            Energy Programs


                             energy supply

       For expenses of the Department of Energy activities 
     including the purchase, construction and acquisition of plant 
     and capital equipment and other expenses necessary for energy 
     supply, uranium supply and enrichment activities in carrying 
     out the purposes of the Department of Energy Organization Act 
     (42 U.S.C. 7101 et seq.), including the acquisition or 
     condemnation of any real property or any facility or for 
     plant or facility acquisition, construction, or expansion; 
     and the purchase of 22 passenger motor vehicles for 
     replacement only, $786,854,000, to remain available until 
     October 1, 2000, of which not less than $3,860,000 shall be 
     available for solar building technology research, not less 
     than $72,966,000 shall be available for photovoltaic energy 
     systems, not less than $21,617,500 shall be available for 
     solar thermal energy systems (of which not less than 
     $3,000,000 shall be available for the dish/engine field 
     verification initiative), not less than $35,750,000 shall be 
     available for power systems in biomass/biofuels energy 
     systems, not less than $41,083,500 shall be available for 
     transportation in biomass/biofuels energy systems (of which 
     not less than $3,000,000 shall be available to fund the 
     Consortium for Plant Biotechnology Research), not less than 
     $38,265,000 shall be available for wind energy systems, not 
     less than $4,000,000 shall be available for the renewable 
     energy production incentive program, not less than $7,000,000 
     shall be available for solar program support, not less than 
     $5,087,500 shall be available for the international solar 
     energy program, not less than $680,000 shall be available for 
     solar technology transfer, not less than $5,000,000 shall be 
     available for the National Renewable Energy Laboratory, not 
     less than $31,250,000 shall be available for geothermal 
     technology development, not less than $5,000,000 shall be 
     available for the Federal building/Remote power initiative, 
     not less than $16,325,500 shall be available for program 
     direction, not to exceed $25,000 may be used for official 
     reception and representation expenses for transparency 
     activities and of which not to exceed $1,500,000 may be used 
     to pay a portion of the expenses necessary to meet the United 
     States' annual obligations of membership in the Nuclear 
     Energy Agency.


                  non-defense environmental management

       For Department of Energy expenses, including the purchase, 
     construction and acquisition of plant and capital equipment 
     and other expenses necessary for non-defense environmental 
     management activities in carrying out the purposes of the 
     Department of Energy Organization Act (42 U.S.C. 7101 et 
     seq.), including the acquisition or condemnation of any real 
     property or any facility or for plant or facility 
     acquisition, construction or expansion, $424,600,000, 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, $200,000,000, to be derived from the Fund, to remain 
     available until expended: Provided, That $30,000,000 of 
     amounts derived from the Fund for such expenses shall be 
     available in accordance with title X, subtitle A, of the 
     Energy Policy Act of 1992.


                                science

       For expenses of the Department of Energy activities 
     including the purchase, construction and acquisition of plant 
     and capital equipment and other expenses necessary for 
     science activities in carrying out the purposes of the 
     Department of Energy Organization Act (42 U.S.C. 7101 et 
     seq.), including the acquisition or condemnation of any real 
     property or facility or for plant or facility acquisition, 
     construction, or expansion, and purchase of 15 passenger 
     motor vehicles for replacement only, $2,676,560,000, to 
     remain available until expended: Provided, That $7,600,000 of 
     the unobligated balances originally available for 
     Superconducting Super Collider termination activities shall 
     be made available for other activities under this heading: 
     Provided further, That $500,000 of the unobligated balances 
     may be applied to the identification of trace element 
     isotopes in environmental samples at the University of Nevada 
     Las Vegas.


                      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, $190,000,000, to remain available until expended, 
     to be derived from the Nuclear Waste Fund; of which not to 
     exceed $4,875,000 may be provided to the State of Nevada 
     solely to conduct scientific oversight responsibilities 
     pursuant to the Nuclear Waste Policy Act of 1982; and of 
     which not to exceed $5,540,000 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.

[[Page S6545]]

                      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), $238,539,000, to remain available 
     until expended: Provided, That moneys received by the 
     Department for miscellaneous revenues estimated to total 
     $136,530,000 in fiscal year 1999 may be retained and used for 
     operating expenses within this account, and may remain 
     available until expended, as authorized by section 201 of 
     Public Law 95-238, notwithstanding the provisions of 31 
     U.S.C. 3302: Provided further, That the sum herein 
     appropriated shall be reduced by the amount of miscellaneous 
     revenues received during fiscal year 1999 so as to result in 
     a final fiscal year 1999 appropriation from the General Fund 
     estimated at not more than $102,009,000.


                    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; the purchase of one 
     fixed wing aircraft; and the purchase of passenger motor 
     vehicles (not to exceed 32 for replacement only, and one 
     bus), $4,445,700,000, 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 3 new sedans and 6 for replacement only, of 
     which 3 are sedans, 2 are buses, and one is an ambulance), 
     $4,293,403,000, to remain available until expended.


                  defense facilities closure projects

       For expenses of the Department of Energy to accelerate the 
     closure of defense environmental management sites, including 
     the purchase, construction and acquisition of plant and 
     capital equipment and other necessary expenses, 
     $1,048,240,000, to remain available until expended.


             Defense Environmental Management Privatization

       For Department of Energy expenses for privatization 
     projects necessary for atomic energy defense environmental 
     restoration and waste management activities authorized by the 
     Department of Energy Organization Act (42 U.S.C. 7101, et 
     seq.), $241,857,000, to remain available until expended.


                        other defense activities

       For Department of Energy expenses, including the purchase, 
     construction and acquisition of plant and capital equipment 
     and other expenses necessary for atomic energy defense, other 
     defense activities, in carrying out the purposes of the 
     Department of Energy Organization Act (42 U.S.C. 7101, et 
     seq.), including the acquisition or condemnation of any real 
     property or any facility or for plant or facility 
     acquisition, construction, or expansion, $1,658,160,000, to 
     remain available until expended: Provided, That of the amount 
     appropriated herein $5,000,000 shall be available for the 
     joint U.S.-Russian development of a passively safe advanced 
     reactor technology to dispose of Russian excess weapons 
     derived plutonium: Provided further, That $56,700,000 
     appropriated herein is to procure plutonium disposition 
     services and to begin Title I design for a mixed-oxide fuel 
     fabrication facility: Provided further, That such funds shall 
     not be available except as necessary to implement a bilateral 
     program with the Russian Federation to convert to non-weapons 
     forms and dispose of excess weapons plutonium in accordance 
     with which the United States will at no time convert to non-
     weapons forms quantities of excess weapons plutonium greater 
     than those converted to non-weapons forms by the Russian 
     Federation: Provided further, That of the amount appropriated 
     herein $30,000,000 is to be available for the Initiatives for 
     Proliferation Prevention program: Provided further, That of 
     the amount appropriated herein $30,000,000 shall be available 
     for the purpose of implementing the ``nuclear cities'' 
     initiative pursuant to the discussions of March 1998 between 
     the Vice President of the United States and the Prime 
     Minister of the Russian Federation and between the United 
     States Secretary of Energy and the Minister of Atomic Energy 
     of the Russian Federation.

                     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, $185,000,000, to remain available until expended.

                    Power Marketing Administrations


         Operation and Maintenance, Alaska Power Administration

       For capital assets acquisition, $5,000,000, to remain 
     available until expended.


                  Bonneville Power Administration Fund

       Expenditures from the Bonneville Power Administration Fund, 
     established pursuant to Public Law 93-454, are approved for 
     official reception and representation expenses in an amount 
     not to exceed $3,000.
       During fiscal year 1999, no new direct loan obligations may 
     be made.


      Operation and Maintenance, Southeastern Power Administration

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


      Operation and Maintenance, Southwestern Power Administration

       For necessary expenses of operation and maintenance of 
     power transmission facilities and of marketing electric power 
     and energy, and for construction and acquisition of 
     transmission lines, substations and appurtenant facilities, 
     and for administrative expenses, including official reception 
     and representation expenses in an amount not to exceed $1,500 
     in carrying out the provisions of section 5 of the Flood 
     Control Act of 1944 (16 U.S.C. 825s), as applied to the 
     southwestern power area, $26,000,000, to remain available 
     until expended; in addition, notwithstanding the provisions 
     of 31 U.S.C. 3302, not to exceed $4,200,000 in 
     reimbursements, to remain available until expended.


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

                     (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. 
     7152), and other related activities including conservation 
     and renewable resources programs as authorized, including 
     official reception and representation expenses in an amount 
     not to exceed $1,500, $215,435,000, to remain available until 
     expended, of which $206,222,000 shall be derived from the 
     Department of the Interior Reclamation Fund: Provided, That 
     of the amount herein appropriated, $5,036,000 is for deposit 
     into the Utah Reclamation Mitigation and Conservation Account 
     pursuant to title IV of the Reclamation Projects 
     Authorization and Adjustment Act of 1992.


           Falcon and Amistad Operating and Maintenance Fund

       For operation, maintenance, and emergency costs for the 
     hydroelectric facilities at the Falcon and Amistad Dams, 
     $1,010,000, 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), $168,898,000, 
     to remain available until expended: Provided, That 
     notwithstanding any other provision of law, not to exceed 
     $168,898,000 of revenues from fees and annual charges, and 
     other services and collections in fiscal year 1999 shall be 
     retained and used for necessary expenses in this account, and 
     shall remain available until expended: Provided further, That 
     the sum herein appropriated from the General Fund shall be 
     reduced as revenues are received during fiscal year 1999 so 
     as to result in a final fiscal year 1999 appropriation from 
     the General Fund estimated at not more than $0.

                           GENERAL PROVISIONS

                          Department of Energy

       Sec. 301. (a) None of the funds appropriated by this Act or 
     any prior appropriations Act may be used to award a 
     management and operating contract unless such contract is 
     awarded using competitive procedures or the Secretary of 
     Energy grants, on a case-by-case basis, a waiver to allow for 
     such a deviation. The Secretary may not delegate the 
     authority to grant such a waiver.
       (b) At least 60 days before a contract award, amendment, or 
     modification for

[[Page S6546]]

     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 
     $40,000,000 made available for obligation by this Act for 
     severance payments and other benefits and community 
     assistance grants under section 3161 of the National Defense 
     Authorization Act for Fiscal Year 1993 (Public Law 102-484; 
     106 Stat. 2644; 42 U.S.C. 7274h).
       Sec. 305. None of the funds appropriated by this Act or any 
     prior appropriations Act may be used to prepare or initiate 
     Requests For Proposals (RFPs) for a program if the program 
     has not been funded by Congress.
       Sec. 306. None of the funds appropriated by this Act or any 
     prior appropriations Act may be used to decrease the 
     concentration of radioactive contamination in waste so that 
     such waste complies with the waste acceptance criteria for 
     the Waste Isolation Pilot Plant.
       Sec. 307. Change of Name of the Office of Energy Research. 
     (a) In General.--Section 209 of the Department of Energy 
     Organization Act (42 U.S.C. 7139) is amended--
       (1) in the section heading, by striking ``energy research'' 
     and inserting ``science research''; and
       (2) in subsection (a), by striking ``Energy Research'' and 
     inserting ``Science Research''.
       (b) Conforming Amendments.--
       (1) Table of contents.--The table of contents in the first 
     section of the Department of Energy Organization Act (42 
     U.S.C. prec. 7101) is amended by striking the item relating 
     to section 209 and inserting the following:

``Section 209. Office of Science Research.''.

       (2) References in other law.--Each of the following is 
     amended by striking ``Energy Research'' and inserting 
     ``Science Research'':
       (A) The item relating to the Director, Office of Energy 
     Research, Department of Energy in section 5315 of title 5, 
     United States Code.
       (B) Section 2902(b)(6) of title 10, United States Code.
       (C) Section 406(h)(2)(A)(v) of the Public Health Service 
     Act (42 U.S.C. 284a(h)(2)(A)(v)).
       (D) Sections 3167(3) and 3168 of the Department of Energy 
     Science Education Enhancement Act (42 U.S.C. 7381d(3), 
     7381e).
       (E) Paragraphs (1) and (2) of section 224(b) of the Nuclear 
     Waste Policy Act of 1982 (42 U.S.C. 10204(b)).
       (F) Section 2203(b)(3)(A)(i) of the Energy Policy Act of 
     1992 (42 U.S.C. 13503(b)(3)(A)(i)).
       Sec. 308. Maintenance of Security at DOE Uranium Enrichment 
     Plants.--Section 3107(h) of the USEC Privatization Act (42 
     U.S.C. 2297h-5(h)) is amended in paragraph (1), by striking 
     ``an adequate number of'' and inserting ``all''; and by 
     inserting the following paragraph:
       ``(2) Funding.--The Secretary of Energy shall reimburse a 
     contractor or subcontractor for the costs of providing 
     security to a gaseous diffusion plant as required to comply 
     with the guidelines referred to in paragraph (1).''.
       Sec. 309. In order to facilitate administrative operations 
     and promote sales of Federal power, upon request of a joint 
     operating entity, the Administrator of the Bonneville Power 
     Administration shall sell, pursuant to section 5(b)(1) of 
     Public Law 96-501, as amended, 94 Stat. 2697, 16 U.S.C. 839c, 
     at wholesale to such joint operating entity electric power 
     for the purpose of meeting the firm power loads of regional 
     public bodies and cooperatives that are members or 
     participants of the joint operating entity: Provided, That 
     the term ``joint operating entity'' means an entity that is 
     lawfully organized under state law as a public body or 
     cooperative by, and whose members or participants include 
     only, two or more public bodies or cooperatives which are 
     customers of the Administrator.


                   (transfers of unexpended balances)

       Sec. 310. The unexpended balances of prior appropriations 
     provided for activities in this Act may be transferred to 
     appropriation accounts for such activities established 
     pursuant to this title. Balances so transferred may be merged 
     with funds in the applicable established accounts and 
     thereafter may be accounted for as one fund for the same time 
     period as originally enacted.
       Sec. 311. Offsetting Reductions. Each amount made available 
     under the headings ``non-defense environmental management'', 
     ``uranium enrichment decontamination and decommissioning 
     fund'', ``science'', and ``departmental administration'' 
     under the heading ``Energy Programs'' and ``construction, 
     rehabilitation, operation and maintenance, western area power 
     administration (including transfer of funds)'' under the 
     heading ``Power Marketing Administrations'' is reduced by 
     1.586516988447 percent.

                                TITLE IV

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

       For expenses necessary to carry out the programs authorized 
     by the Appalachian Regional Development Act of 1965, as 
     amended, notwithstanding section 405 of said Act, and for 
     necessary expenses for the Federal Co-Chairman and the 
     alternate on the Appalachian Regional Commission and for 
     payment of the Federal share of the administrative expenses 
     of the Commission, including services as authorized by 5 
     U.S.C. 3109, and hire of passenger motor vehicles, 
     $67,000,000, to remain available until expended.

                           Denali Commission

       For expenses of the Denali Commission including the 
     purchase, construction and acquisition of plant and capital 
     equipment as necessary and other expenses as authorized 
     pursuant to this Act, $20,000,000, to remain available until 
     expended.

                Defense Nuclear Facilities Safety Board


                         Salaries and Expenses

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

                     Nuclear Regulatory Commission


                         Salaries and Expenses

                     (including transfer of funds)

       For necessary expenses of the Commission in carrying out 
     the purposes of the Energy Reorganization Act of 1974, as 
     amended, and the Atomic Energy Act of 1954, as amended, 
     including the employment of aliens; services authorized by 5 
     U.S.C. 3109; publication and dissemination of atomic 
     information; purchase, repair, and cleaning of uniforms; 
     official representation expenses (not to exceed $20,000); 
     reimbursements to the General Services Administration for 
     security guard services; hire of passenger motor vehicles and 
     aircraft, $466,000,000, to remain available until expended: 
     Provided, That of the amount appropriated herein, $17,000,000 
     shall be derived from the Nuclear Waste Fund: Provided 
     further, That from this appropriation, 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 $416,000,000 in fiscal year 1999 
     shall be retained and used for necessary salaries and 
     expenses in this account, notwithstanding 31 U.S.C. 3302, and 
     shall remain available until expended: Provided further, That 
     of the amount appropriated herein, $33,000,000 shall be 
     available only for agreement State oversight, international 
     activities, the generic decommissioning management program, 
     regulatory support to agreement States, the small entity 
     program, the nonprofit educational program, and other Federal 
     agency programs, and shall be excluded from license fee 
     revenues, notwithstanding 42 U.S.C. 2214: Provided further, 
     That the sum herein appropriated shall be reduced by the 
     amount of revenues received during fiscal year 1999 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 1999 appropriation estimated at not more than 
     $50,000,000.

                      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

[[Page S6547]]

     not to exceed 5 percent of this sum may be transferred from 
     Salaries and Expenses, Nuclear Regulatory Commission: 
     Provided, That notice of such transfers shall be given to the 
     Committees on Appropriations of the House of Representatives 
     and Senate: Provided further, That from this appropriation, 
     transfers of sums may be made to other agencies of the 
     Government for the performance of the work for which this 
     appropriation is made, and in such cases the sums so 
     transferred may be merged with the appropriation to which 
     transferred: Provided further, That revenues from licensing 
     fees, inspection services, and other services and collections 
     shall be retained and used for necessary salaries and 
     expenses in this account, notwithstanding 31 U.S.C. 3302, and 
     shall remain available until expended: Provided further, That 
     the sum herein appropriated shall be reduced by the amount of 
     revenues received during fiscal year 1999 from licensing 
     fees, inspection services, and other services and 
     collections, so as to result in a final fiscal year 1999 
     appropriation estimated at not more than $0.

                  Nuclear Waste Technical Review Board


                         Salaries and Expenses

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

                       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.

                                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. (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. 507. Section 6101(a)(3) of the Omnibus Budget 
     Reconciliation Act of 1990 (42 U.S.C. 2214(a)(3)) is amended 
     by striking ``September 30, 1998'' and inserting ``September 
     30, 1999''.
       Sec. 508. None of the funds made available in this or any 
     other Act may be used to restart the High Flux Beam Reactor.

                                TITLE VI

                           DENALI COMMISSION

       Sec. 601. Short Title. This title may be cited as the 
     ``Denali Commission Act of 1998''.
       Sec. 602. Findings. The Congress finds that--
       (1) vast regions of the State of Alaska, while abundant in 
     natural resources and rich in potential, trail the rest of 
     the Nation in economic growth;
       (2) roughly two-thirds of the land and associated natural 
     resources within Alaska are owned by the Federal Government;
       (3) many Alaska communities do not have access to potable 
     water which often results in disease, and in some cases 
     death;
       (4) the primary means of sewage disposal in some Alaska 
     communities continues to open sewage lagoons, which can 
     result in outbreaks of hepatitis, meningitis, particularly 
     among young children;
       (5) power costs are as much as ten times higher in some 
     areas of Alaska than in the lower 48 states, which thwarts 
     economic development;
       (6) bulk fuel storage tanks built by the Federal Government 
     in many Alaska communities do not comply with the Oil 
     Pollution Act of 1990, could, therefore, be required to be 
     closed, are used to store heating oil critical to survival, 
     and that Alaska communities presently have no way to upgrade 
     or replace the tanks;
       (7) the majority of Alaska communities have essential 
     infrastructure needs which presently cannot be met;
       (8) the lack of infrastructure and economic opportunities 
     in Alaska communities has resulted in disproportionately high 
     Federal costs for welfare assistance, unemployment 
     assistance, food stamps, heating oil, and other Federal 
     programs in Alaska; and
       (9) by addressing infrastructure needs and promoting 
     economic development, the reliance of Alaska communities on 
     Federal assistance and the cost to the Federal Government of 
     such assistance could be significantly reduced.
       Sec. 603. Purpose. It is the purpose of this Act to assist 
     Alaska in addressing its special problems, to develop its 
     infrastructure and utilities, to promote its economic 
     development in rural communities by utilizing the markets, 
     technical support, and other resources of urban areas, and to 
     establish a framework for joint Federal and State efforts 
     toward providing basic facilities essential to its growth and 
     attacking its common problems.
       Sec. 604. Denali Commission. (a) Establishment.--There is 
     hereby established the Denali Commission which shall be 
     composed of one Federal member appointed by the President 
     with the advice and consent of the Senate, one State member 
     appointed by the Governor after consultation with the Alaska 
     Federation of Natives, the President of the University of 
     Alaska or a designee, the President of the Alaska Chamber of 
     Commerce, and the Executive Director of the Alaska Municipal 
     League. The Federal member shall be compensated by the 
     Federal government at level III of the Executive Schedule of 
     subchapter II of chapter 53 of title V, United States Code.
       (b) Chairman; Decisions.--The Federal member shall be the 
     Chairman of the Denali Commission. Decisions by the Denali 
     Commission shall require the affirmative vote of the Chairman 
     and at least two of the other members of the Commission. With 
     respect to matters that come before the Commission, the 
     Chairman may inform Federal departments and agencies having 
     an interest in the subject matter as appropriate.
       (c) Functions.--The Denali Commission, in consultation with 
     the Governor of Alaska, shall develop a statewide, 
     comprehensive plan for economic and infrastructure 
     development, establish priorities, approve project and grant 
     proposals, and administer funds appropriated to the 
     Commission. It shall solicit project proposals to modernize 
     infrastructure from local governments and other 
     organizations. The Commission is authorized to adopt rules 
     and regulations governing its conduct, appoint and fix 
     compensation of staff to assist the Commission, accept and 
     use gifts or donations, and enter into and perform contracts, 
     leases, or cooperative agreements. Administrative expenses of 
     the Commission shall be paid by the Federal Government and 
     may not exceed 5 percent of any funds appropriated under this 
     Act. The Commission and its grantees shall maintain accurate 
     and complete records which shall be available for audit and 
     examination by the Comptroller General or his designee. The 
     Commission shall submit an annual report six months after the 
     conclusion of the fiscal year which shall be submitted to the 
     President, the Chairmen of the House and Senate

[[Page S6548]]

     Appropriations Committees, and the Governor of Alaska.
       (d) Special Functions.--
       (1) Rural utilities.--In carrying out its other functions, 
     the Denali Commission should provide assistance as 
     appropriate and seek to avoid duplication and to complement 
     the water and wastewater programs under section 306D of the 
     Consolidated Farm and Rural Development Act (7 U.S.C. 1926d) 
     and under section 303 of the Safe Drinking Water Act 
     Amendments of 1996 (33 U.S.C. 1263a).
       (2) Bulk fuel tanks.--The Denali Commission, in 
     consultation with the Commandant of the United States Coast 
     Guard, shall develop a program to provide for the repair or 
     replacement of bulk fuel storage tanks in Alaska which are 
     not in compliance with Federal law, including the Oil 
     Pollution Act of 1990, or State law.
       Sec. 605. Inspector General. Section 8G of the Inspector 
     General Act of 1978, as amended (5 U.S.C. appendix 3 section 
     8G) is amended in subsection (a)(2) thereof by adding after 
     ``the Corporation for Public Broadcasting'', ``the Denali 
     Commission,''.
       Sec. 606. Authorization of Appropriations. There are 
     authorized to be appropriated to the Denali Commission to 
     carry out this Act and for necessary expenses including 
     staff, $20,000,000 in fiscal year 1999 and such sums as may 
     be necessary for each of fiscal years 2000 through 2003.
       This Act may be cited as the ``Energy and Water Development 
     Appropriations Act, 1999''.

  Mr. REID. Mr. President, I move to reconsider the vote.
  Mr. DOMENICI. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                    AMENDMENT NO. 2727, AS MODIFIED

  Mr. DOMENICI. Mr. President, I ask unanimous consent that amendment 
No. 2727 previously agreed to be modified with the changes now at the 
desk. We made an error in where we put a number and we are just 
correcting it to what it ought to be.
  The PRESIDING OFFICER. Is there objection?
  Mr. REID. No objection.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 2727), as modified, is as follows:
       On page 21, line 19: strike ``$456,700,000, to remain 
     available until expended.'' and insert ``$424,600,000, to 
     remain available until expended.


                             Energy Supply

       On page 21, line 2 strike ``motor vehicles for replacement 
     only, $699,836,000, to re-'' and insert ``motor vehicles for 
     replacement only, $727,836,000, to re-''.

  Mr. DOMENICI. Mr. President, I ask unanimous consent that when the 
Senate receives from the House of Representatives the companion bill to 
S. 2138, the Senate immediately proceed to its consideration; that all 
after the enacting clause be stricken; that the text of S. 2138 as 
passed be inserted in lieu thereof; that the House bill, as amended, be 
read for a third time and passed; that the Senate insist on its 
amendments and request a conference with the House on the disagreeing 
votes of the two Houses thereon, and the Chair be authorized to appoint 
the following conferees on the part of the Senate: Senators Domenici, 
Cochran, Gorton, McConnell, Bennett, Burns, Craig, Stevens, Reid, Byrd, 
Hollings, Murray, Kohl, Dorgan, and Inouye; and that the foregoing 
occur without any intervening action or debate.
  I further ask unanimous consent that the bill, S. 2138, not be 
engrossed and it remain at the desk pending receipt of the House-passed 
companion bill; that upon passage of the House companion bill by the 
Senate, the passage of S. 2138 be vitiated, and the bill be 
indefinitely postponed.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. DOMENICI. I thank the Chair.
  Mr. REID. Mr. President, I want to take just a minute to express my 
appreciation for the work of the chairman of the subcommittee. We have 
worked hard to get the bill passed. It is now passed.
  I also have expressed on the record on a number of occasions what a 
pleasant arrangement the senior Senator from New Mexico and I have on 
this legislation. I reiterate that. I also want to express my 
appreciation for the hard work done by Senator Domenici's staff, Alex 
Flint, the majority clerk, David Gwaltney, who handled the water 
project, which is very large and significant in this bill. They are 
very professional and work very hard. The taxpayers get more than their 
money's worth from these gentlemen.
  I also express publicly my appreciation for Greg Daines, minority 
clerk, who worked very hard on this legislation for months, getting it 
to the point where we now are. I have a very important congressional 
fellow who has worked with me on this legislation and others, Bob 
Perret, who has done an outstanding job.
  Also, I want to express my appreciation to Lashawnda Leftwich, who is 
the staff assistant to Mr. Flint, the majority clerk in this matter, 
and also Liz Blevins, the staff assistant to the minority clerk. We 
have, I think, a good team, a good group of people here who have worked 
very hard together. Again, I express my appreciation to the chairman of 
the subcommittee.
  The PRESIDING OFFICER. The Senator from New Mexico.
  Mr. DOMENICI. This is a good bill we passed. It has a lot of 
interesting and needed policy decisions, projects and programs. We will 
have a very difficult conference with the House because they have some 
noticeably different priorities, especially when it comes to spending 
more money on water projects than we were able to spend. There will be 
less on research on DOE's nondefense research projects. But, overall, I 
am most particularly pleased with the nuclear part of this bill, for 
nuclear research, which we have five or six more new nuclear research 
projects, three that the President asked for, three that we asked for.
  You know, the United States is very much behind the world on matters 
of nuclear power and nuclear science and nuclear engineering. Frankly, 
the world is moving in that direction. We were the beginners. We were 
the ones who started it. We were heralded as the world's most 
knowledgeable and efficient, and we are going to play some catchup, but 
catch up we will do, in the next decade, because nuclear power and 
nuclear energy will come back in the world. Whether America makes 
policy decisions sufficiently to give it a chance or not, only time 
will tell. But some decisions of the past 20 years, with reference to 
nuclear activities, have been about as inconsistent with what is 
happening in the world as anything anyone could imagine, based on wrong 
premises, expecting action in the world that never occurred.
  Those things are going to have to be debated. A few of them start to 
move here. But, over the long run, there will be very significant 
debate about what happens to nuclear power and nuclear activities in 
the United States.
  Right alongside that, while all that is going on that I have 
described, be it negative or however one would categorize it, clearly 
the Science-Based Stockpile Stewardship, which we are using in lieu of 
any further underground testing to protect our nuclear arsenal and make 
sure it is safe and trustworthy, is generating some of the most 
exciting new physics and science of anything going on in the world. 
Indeed, our great scientists and engineers are producing 
instrumentation, computerization, and new methods of looking inside of 
nuclear bombs to see what is really going on so we can replace the 
right parts, since we do not make any new ones. This is all very 
exciting and is adding a great dimension of science activity while a 
very valuable thing is being done for our country. Expensive it may be, 
but the right thing, without question, it is.
  With that, more will be said during the year on those issues. I 
thank, in conclusion, my ranking member, Senator Reid. I believe 
between us we not only work well together but I think we have helped 
each other make this bill a better bill. For that, I am very grateful 
to the Senator from Nevada, and I thank him very much.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Nevada.

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