Congressional Record, Volume 144 Issue 80 (Thursday, June 18, 1998)

[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

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

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.

____________________