[Congressional Record Volume 144, Number 130 (Friday, September 25, 1998)]
[House]
[Pages H8842-H8929]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     CONFERENCE REPORT ON H.R. 4060

  Mr. McDADE submitted the following conference report and statement on 
the bill (H.R. 4060) making appropriations for energy and water 
development for the fiscal year ending September 30, 1999, and for 
other purposes:

                  Conference Report (H. Rept. 105-749)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the Senate to the bill (H.R. 
     4060) ``making appropriations for energy and water 
     development for the fiscal year ending September 30, 1999, 
     and for other purposes'', having met, after full and free 
     conference, have agreed to recommend and do recommend to 
     their respective Houses as follows:
       That the House recede from its disagreement to the 
     amendment of the Senate, and agree to the same with an 
     amendment, as follows:
       In lieu of the matter stricken and inserted by said 
     amendment, insert:

     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the fiscal year 
     ending September 30, 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 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, 
     $161,747,000, to remain available until expended, of which 
     funds are provided for the following projects in the amounts 
     specified:
       Delaware Bay Coastline, Delaware and New Jersey, $419,000;
       Tampa Harbor, Alafia Channel, Florida, $200,000;
       Barnegat Inlet to Little Egg Harbor Inlet, New Jersey, 
     $322,000;
       Brigantine Inlet to Great Egg Harbor Inlet, New Jersey, 
     $113,000;
       Great Egg Harbor Inlet to Townsend's Inlet, New Jersey, 
     $200,000;
       Lower Cape May Meadows--Cape May Point, New Jersey, 
     $100,000;
       Manasquan Inlet to Barnegat Inlet, New Jersey, $300,000;
       Raritan Bay to Sandy Hook Bay, New Jersey, $750,000; and

[[Page H8843]]

       Townsend's Inlet to Cape May Inlet, New Jersey, $250,000:

     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 is directed to use $500,000 of the 
     funds appropriated herein to implement section 211(f)(7) of 
     Public Law 104-303 (110 Stat. 3684) and to reimburse the non-
     Federal sponsor a portion of the Federal share of project 
     costs for the Hunting Bayou element of the project for flood 
     control, Buffalo Bayou and tributaries, Texas: Provided 
     further, That the Secretary of the Army is directed to use 
     $300,000 of the funds appropriated herein to implement 
     section 211(f)(8) of Public Law 104-303 (110 Stat. 3684) and 
     to reimburse the non-Federal sponsor a portion of the Federal 
     share of project costs for the project for flood control, 
     White Oak Bayou watershed, Texas.

                         Construction, General

       For the prosecution of river and harbor, flood control, 
     shore protection, and related projects authorized by laws; 
     and detailed studies, and plans and specifications, of 
     projects (including those for development with participation 
     or under consideration for participation by States, local 
     governments, or private groups) authorized or made eligible 
     for selection by law (but such studies shall not constitute a 
     commitment of the Government to construction), 
     $1,429,885,000, to remain available until expended, of which 
     such sums as are necessary for the Federal share of 
     construction costs for facilities under the Dredged 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, Part 1, 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, $4,400,000;
       Panama City Beaches, Florida, $6,000,000;
       Tybee Island, Georgia, $1,200,000;
       Indiana Shoreline Erosion, Indiana, $700,000;
       Indianapolis Central Waterfront, Indiana, $4,000,000;
       Ohio River Flood Protection, Indiana, $750,000;
       Harlan/Clover Fork, Williamsburg, Pike County, Middlesboro, 
     Martin County, and Town of Martin, elements of the Levisa and 
     Tug Forks of the Big Sandy River and Upper Cumberland River 
     project in Kentucky, $25,230,000;
       Southern and Eastern Kentucky, Kentucky, $4,000,000;
       Lake Pontchartrain and Vicinity (Hurricane Protection), 
     Louisiana, $16,000,000;
       Lake Pontchartrain (Jefferson Parish) Stormwater Discharge, 
     Louisiana, $4,500,000;
       Southeast Louisiana, Louisiana, $75,000,000;
       Jackson County, Mississippi, $6,200,000;
       Pascagoula Harbor, Mississippi, $12,000,000;
       Passaic River Streambank Restoration, New Jersey, 
     $3,000,000;
       Lackawanna River, Olyphant, Pennsylvania, $6,800,000;
       Lackawanna River, Scranton, Pennsylvania, $40,551,000;
       South Central Pennsylvania Environment Improvement Program, 
     $39,000,000, of which $13,000,000 shall be available only for 
     water-related environmental infrastructure and resource 
     protection and development projects in Lackawanna, Lycoming, 
     Susquehanna, Wyoming, Pike, and Monroe counties in 
     Pennsylvania in accordance with the purposes of subsection 
     (a) and requirements of subsections (b) through (e) of 
     section 313 of the Water Resources Development Act of 1992, 
     as amended;
       Wallisville Lake, Texas, $5,500,000;
       Virginia Beach, Virginia (Hurricane Protection), 
     $18,000,000;
       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, $11,350,000; and
       West Virginia and Pennsylvania Flood Control, West Virginia 
     and Pennsylvania, $750,000:
     Provided, That the Secretary of the Army is directed to 
     incorporate the economic analyses for the Green Ridge and 
     Plot sections of the Lackawanna River, Scranton, 
     Pennsylvania, project with the economic analysis for the 
     Albright Street section of the project, and to cost-share and 
     implement these combined sections as a single project with no 
     separable elements, except that each section may be 
     undertaken individually when the non-Federal sponsor provides 
     the applicable local cooperation requirements: Provided 
     further, That any funds heretofore appropriated and made 
     available in Public Law 103-126 for projects associated with 
     the restoration of the Lackawanna River Basin Greenway 
     Corridor, Pennsylvania, may be utilized by the Secretary of 
     the Army in carrying out other projects and activities on the 
     Lackawanna River in Pennsylvania: Provided further, That the 
     Secretary of the Army is directed to use $4,500,000 of the 
     funds appropriated herein to implement section 211(f)(6) of 
     Public Law 104-303 (110 Stat. 3683) and to reimburse the 
     non-Federal sponsor a portion of the Federal share of 
     project construction costs for the flood control 
     components comprising the Brays Bayou element of the 
     project for flood control, Buffalo Bayou and tributaries, 
     Texas: Provided further, 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 flood control 
     project for West Sacramento, California, authorized by 
     Section 101(4) of Public Law 102-580 is modified to 
     authorize the Secretary of the Army, acting through the 
     Chief of Engineers, to construct the project at a total 
     cost of $32,900,000 with an estimated first Federal cost 
     of $24,700,000 and an estimated first non-Federal cost of 
     $8,200,000: Provided further, That the flood control 
     project for Sacramento River, Glenn-Colusa Irrigation 
     District, California, authorized by Section 2 of the Act 
     entitled ``An Act to provide for the control of floods of 
     the Mississippi River and the Sacramento River, and for 
     other purposes'', approved March 1, 1917 (39 Stat. 949), 
     is modified to authorize the Secretary of the Army, acting 
     through the Chief of Engineers, to construct the project 
     at a total cost of $20,700,000 with an estimated first 
     Federal cost of $15,570,000 and an estimated first non-
     Federal cost of $5,130,000: Provided further, That the 
     Secretary of the Army, acting through the Chief of 
     Engineers, is directed to use $4,000,000 provided herein 
     to construct bluff stabilization measures at authorized 
     locations for 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, may use up to $5,000,000 
     of the funding appropriated herein for construction of an 
     emergency outlet from Devils Lake, North Dakota, to the 
     Sheyenne River, 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 
     Secretary of the Army, acting through the Chief of 
     Engineers, is directed to transfer remaining General 
     Investigations funds previously appropriated for the 
     Juniata River, Pennsylvania, study and Mussers Dam, 
     Pennsylvania, project to Construction, General for use in 
     equal amounts at Broad Top/Coaldale, Bedford County, 
     Pennsylvania, and Mont Alto Borough, Franklin County, 
     Pennsylvania, which are part of the South Central 
     Pennsylvania Environment Improvement Program.

 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), $321,149,000, 
     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, $1,653,252,000, to remain available until 
     expended, 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 account for construction, operation, 
     and maintenance of outdoor recreation facilities,

[[Page H8844]]

     and of which $4,200,000 is provided for repair of 
     Chickamauga Lock, Tennessee: Provided, That no funds, 
     whether appropriated, contributed, or otherwise provided, 
     shall be available to the United States Army Corps of 
     Engineers for the purpose of acquiring land in Jasper 
     County, South Carolina, in connection with the Savannah 
     Harbor navigation project: Provided further, That the 
     Secretary of the Army, acting through the Chief of 
     Engineers, is directed to undertake authorized maintenance 
     and repairs on the Allegheny River, Pennsylvania, project, 
     using $6,000,000 of funds provided under this heading in 
     Public Law 105-62 for extending the navigation channel on 
     the Allegheny River, Pennsylvania, project to provide 
     passenger boat access to the Kittanning, Pennsylvania, 
     Riverfront Park.

                           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.

            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 response 
     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, 
     selection of the necessary and appropriate response actions 
     as the lead Federal agency, preparation of designation 
     reports, cleanup and closeout of sites, and any other 
     functions determined by the Chief of Engineers as necessary 
     for remediation: Provided further, That response 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 National 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, functions or 
     responsibilities of other agencies under the Atomic Energy 
     Act, 42 U.S.C. 2011 et seq.: Provided further, That any sums 
     recovered under CERCLA for response actions, or recovered 
     from a contractor, insurer, surety, or other person to 
     reimburse the U.S. Army Corps of Engineers for any 
     expenditures for response actions, shall be credited to the 
     account used to fund response actions on eligible sites, and 
     will be available for response action costs for any eligible 
     site: Provided further, That the Secretary of Energy may 
     exercise the authority of 42 U.S.C. 2208 to make payments in 
     lieu of taxes for Federally-owned property where Formerly 
     Utilized Sites Remedial Action Program activities are 
     conducted, regardless of which Federal agency has acquired 
     the property and notwithstanding references to ``the 
     activities of the Commission'' in 42 U.S.C. 2208: 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 
     headquarters support functions at the USACE Finance Center; 
     $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

       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 this 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. 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, 
     $41,217,000, 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, 
     $642,845,000, to remain available until expended, of which 
     $2,800,000 shall be for construction of the Tooele Wastewater 
     Treatment and Reuse, Utah, project, and of which $1,873,000 
     shall be available for transfer to the Upper Colorado River 
     Basin Fund and $45,990,000 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 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.


               bureau of reclamation loan program account

       For the cost of direct loans and/or grants, $7,996,000, 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, as amended: 
     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, $33,130,000, to be 
     derived from such sums as may be collected in the

[[Page H8845]]

     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, $75,000,000, 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, 
     $47,000,000, 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, and uranium supply and enrichment activities in 
     carrying out the purposes of the Department of Energy 
     Organization Act (42 U.S.C. 7101 et seq.), including the 
     acquisition or condemnation of any real property or any 
     facility or for plant or facility acquisition, construction, 
     or expansion; and the purchase of not to exceed 22 passenger 
     motor vehicles for replacement only, $727,091,000, of which 
     not to exceed $3,000 may be used for official reception and 
     representation expenses for transparency activities.

                  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, $431,200,000, to 
     remain available until expended.

      Uranium Enrichment Decontamination and Decommissioning Fund

       For necessary expenses in carrying out uranium enrichment 
     facility decontamination and decommissioning, remedial 
     actions and other activities of title II of the Atomic Energy 
     Act of 1954 and title X, subtitle A of the Energy Policy Act 
     of 1992, $220,200,000, to be derived from the Fund, to remain 
     available until expended: Provided, That $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 not to exceed 5 
     passenger motor vehicles for replacement only, 
     $2,682,860,000, 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.

                         Nuclear Waste Disposal

       For nuclear waste disposal activities to carry out the 
     purposes of Public Law 97-425, as amended, including the 
     acquisition of real property or facility construction or 
     expansion, $169,000,000, to remain available until 
     expended, of which $165,000,000 is to be derived from the 
     Nuclear Waste Fund; and of which not to exceed $250,000 
     may be provided to the Department of Energy to reimburse 
     the State of Nevada solely for expenditures, other than 
     salaries and expenses of State employees, to conduct 
     scientific oversight responsibilities pursuant to the 
     Nuclear Waste Policy Act of 1982, and 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 multi-
     state efforts or other coalition building activities 
     inconsistent with the restrictions contained in this Act.

                      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), $200,475,000, to remain available 
     until expended, plus such additional amounts as necessary to 
     cover increases in the estimated amount of cost of work for 
     others notwithstanding the provisions of the Anti-Deficiency 
     Act (31 U.S.C. 1511 et seq.): Provided, That such increases 
     in cost of work are offset by revenue increases of the same 
     or greater amount, to remain available until expended: 
     Provided further, That moneys received by the Department for 
     miscellaneous revenues estimated to total $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 $63,945,000.

                    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, $29,000,000, 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 not 
     to exceed one fixed wing aircraft; and the purchase of 
     passenger motor vehicles (not to exceed 32 for replacement 
     only, and one bus), $4,400,000,000, to remain available until 
     expended: Provided, That funding for any ballistic missile 
     defense program undertaken by the Department of Energy for 
     the Department of Defense shall be provided by the 
     Department of Defense according to procedures established 
     for Work for Others by the Department of Energy.

         Defense Environmental Restoration and Waste Management

       For Department of Energy expenses, including the purchase, 
     construction and acquisition of plant and capital equipment 
     and other expenses necessary for atomic energy defense 
     environmental restoration and waste management activities in 
     carrying out the purposes of the Department of Energy 
     Organization Act (42 U.S.C. 7101 et seq.), including the 
     acquisition or condemnation of any real property or any 
     facility or for plant or facility acquisition, construction, 
     or expansion; and the purchase of passenger motor vehicles 
     (not to exceed 3 new sedans and 6 for replacement only, of 
     which 3 are sedans, 2 are buses, and 1 is an ambulance), 
     $4,310,227,000, to remain available until expended.

                  Defense Facilities Closure Projects

       For expenses of the Department of Energy to accelerate the 
     closure of defense environmental management sites, including 
     the purchase, construction and acquisition of plant and 
     capital equipment and other necessary expenses, 
     $1,038,240,000, to remain available until expended.

             Defense Environmental Management Privatization

       For Department of Energy expenses for privatization 
     projects necessary for atomic energy defense environmental 
     management activities authorized by the Department of Energy 
     Organization Act (42 U.S.C. 7101 et seq.), $228,357,000, 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, $1,696,676,000, to 
     remain available until expended.

[[Page H8846]]

                     Defense Nuclear Waste Disposal

       For nuclear waste disposal activities to carry out the 
     purposes of Public Law 97-425, as amended, including the 
     acquisition of real property or facility construction or 
     expansion, $189,000,000, to remain available until expended.

                    POWER MARKETING ADMINISTRATIONS

                  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 $1,500.
       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, $7,500,000, 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

       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, $203,000,000, to remain available until 
     expended, of which $193,787,000 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), $167,500,000, 
     to remain available until expended: Provided, That 
     notwithstanding any other provision of law, not to exceed 
     $167,500,000 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 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 
     $29,900,000 made available for obligation by this Act for 
     severance payments and other benefits and community 
     assistance grants under section 3161 of the National Defense 
     Authorization Act for Fiscal Year 1993 (Public Law 102-484; 
     106 Stat. 2644; 42 U.S.C. 7274h).
       Sec. 305. None of the funds appropriated by this Act or any 
     prior appropriations Act may be used to prepare or initiate 
     Requests For Proposals (RFPs) for a program if the program 
     has not been funded by Congress.


                   (transfers of unexpended balances)

       Sec. 306. The unexpended balances of prior appropriations 
     provided for activities in this Act may be transferred to 
     appropriation accounts for such activities established 
     pursuant to this title. Balances so transferred may be merged 
     with funds in the applicable established accounts and 
     thereafter may be accounted for as one fund for the same time 
     period as originally enacted.
       Sec. 307. Notwithstanding 41 U.S.C. section 254c(a), the 
     Secretary of Energy may use funds appropriated by this Act to 
     enter into multiyear contracts for the acquisition of 
     property or services without obligating the estimated costs 
     associated with any necessary cancellation or termination of 
     the contract. The Secretary of Energy may pay costs of 
     termination or cancellation from--
       (1) appropriations originally available for the performance 
     of the contract concerned;
       (2) appropriations currently available for procurement of 
     the type of property or services concerned, and not otherwise 
     obligated; or
       (3) funds appropriated for those payments.
       Sec. 308. None of the funds in this Act may be used to 
     dispose of transuranic waste in the Waste Isolation Pilot 
     Plant which contains concentrations of plutonium in excess of 
     20 percent by weight for the aggregate of any material 
     category on the date of enactment of this Act, or is 
     generated after such date.
       Sec. 309. 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''; and
       (2) in subsection (a), by striking ``Energy Research'' and 
     inserting ``Science''.
       (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.''.

       (2) References in other law.--Each of the following is 
     amended by striking ``Energy Research'' and inserting 
     ``Science'':
       (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. 310. 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 security guards'' and 
     inserting ``all security police officers''; and by 
     inserting the following paragraph:
       ``(2) Funding.--
       ``(A) The costs of arming and providing arrest authority to 
     the security police officers required under paragraph (1) 
     shall be paid as follows:
       ``(i) the Department of Energy (the ``Department'') shall 
     pay the percentage of the costs equal to the percentage of 
     the total number of employees at the gaseous diffusion plant 
     who are (I) employees of the Department or the contractor or 
     subcontractors of the Department or (II) employees of the 
     private entity leasing the gaseous diffusion plant who 
     perform work on behalf of the Department (including employees 
     of a contractor or subcontractor of the private entity), and
       ``(ii) the private entity leasing the gaseous diffusion 
     plant shall pay the percentage of the costs equal to the 
     percentage of the total number of employees at the gaseous 
     diffusion plant who are employees of the private entity 
     (including employees of a contractor or subcontractor) other 
     than those employees who perform work for the Department.
       ``(B) Neither the private entity leasing the gaseous 
     diffusion plant nor the Department

[[Page H8847]]

     shall reduce its payments under any contract or lease or take 
     other action to offset its share of the costs referred to in 
     subparagraph (A), and the Department shall not reimburse the 
     private entity for the entity's share of these costs.
       ``(C) Nothing in this subsection shall alter the 
     Department's responsibilities to pay the safety, safeguards 
     and security costs associated with the Department's highly 
     enriched uranium activities.''.
       Sec. 311. None of the funds in this Act may be used by the 
     Department of Energy to conduct pilot projects simulating 
     external regulation unless the Nuclear Regulatory Commission, 
     the Occupational Safety and Health Administration, and the 
     appropriate State and local regulatory entities are included 
     in the pilot projects.
       Sec. 312. Of the amounts provided in this title under the 
     heading, ``Atomic Energy Defense Activities, Weapons 
     Activities'', $57,000,000 shall not be available for 
     obligation until September 30, 1999.

                                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, for 
     necessary expenses for the Federal Co-Chairman and the 
     alternate on the Appalachian Regional Commission, 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, $66,400,000, 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, $20,000,000, to 
     remain available until expended, subject to enactment of 
     authorization by law.

                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, $16,500,000, to remain available until 
     expended.

                     Nuclear Regulatory Commission


                         Salaries and Expenses

       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 official representation expenses (not to exceed 
     $15,000); $465,000,000, 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 revenues from licensing fees, inspection 
     services, and other services and collections estimated at 
     $444,800,000 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 $3,200,000 of the 
     funds herein appropriated for regulatory reviews and other 
     assistance provided to the Department of Energy and other 
     Federal agencies shall be excluded from license fee revenues, 
     notwithstanding 42 U.S.C. 2214: Provided further, That the 
     sum herein appropriated shall be reduced by the amount of 
     revenues received during fiscal year 1999 so as to result in 
     a final fiscal year 1999 appropriation estimated at not more 
     than $20,200,000.


                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, as amended, $4,800,000, to remain available until 
     expended: Provided, That the sum herein appropriated shall be 
     reduced by the amount of revenues received during fiscal year 
     1999 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.

                      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. (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. 504. None of the funds made available in this or any 
     other Act may be used to restart the High Flux Beam Reactor.
       Sec. 505. Section 6101(a)(3) of the Omnibus Budget 
     Reconciliation Act of 1990, as amended, (42 U.S.C. 
     2214(a)(3)) is amended by striking ``September 30, 1998'' and 
     inserting ``September 30, 1999''.
       Sec. 506. (a) Funds appropriated for ``Nuclear Regulatory 
     Commission--Salaries and Expenses'' shall be available to the 
     Commission for the following additional purposes:
       (1) Employment of aliens.
       (2) Services authorized by section 3109 of title 5, United 
     States Code.
       (3) Publication and dissemination of atomic information.
       (4) Purchase, repair, and cleaning of uniforms.
       (5) Reimbursements to the General Services Administration 
     for security guard services.
       (6) Hire of passenger motor vehicles and aircraft.
       (7) Transfers of funds to other agencies of the Federal 
     Government for the performance of the work for which such 
     funds are appropriated, and such transferred funds may be 
     merged with the appropriations to which they are transferred.
       (8) Transfers to the Office of Inspector General of the 
     Commission, not to exceed an additional amount equal to 5 
     percent of the amount otherwise appropriated to the Office 
     for the fiscal year. Notice of such transfers shall be 
     submitted to the Committees on Appropriations.
       (b) Funds appropriated for ``Nuclear Regulatory 
     Commission--Office of Inspector General'' shall be available 
     to the Office for the additional purposes described in 
     paragraphs (2) and (7) of subsection (a).
       (c) Moneys received by the Commission for the cooperative 
     nuclear 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 of 1954 (42 U.S.C. 
     2169) 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.
       (d) Notwithstanding section 663(c)(2)(D) of Public Law 104-
     208, and to facilitate targeted workforce downsizing and 
     restructuring, the Chairman of the Nuclear Regulatory 
     Commission may use funds appropriated in this Act to exercise 
     the authority provided by section 663 of that Act with 
     respect to employees who voluntarily separate from the date 
     of enactment of this Act through December 31, 2000. All of 
     the requirements in section 663 of Public Law 104-208, except 
     for section 663(c)(2)(D), apply to the exercise of authority 
     under this section.
       (e) Subsections (a), (b), and (c) of this section shall 
     apply to fiscal year 1999 and each succeeding fiscal year.


                          (transfer of funds)

       Sec. 507. Federal Payment to the District of Columbia, 
     Criminal Justice System.--Of the amounts appropriated as a 
     Federal payment under the District of Columbia Appropriations 
     Act, 1998, to the Pretrial Services, Defense Services, 
     Parole, Adult Probation and Offender Supervision Trustee, 
     $1,700,000 are hereby transferred to the District of Columbia 
     Courts for court operations.


              designation of vic fazio yolo wildlife area

       Sec. 508. The wetlands located in Yolo County, California, 
     and known as the Yolo Basin Wetlands, shall be known and 
     designated as the ``Vic Fazio Yolo Wildlife Area''. Any 
     reference in law, map, regulation, document, paper, or other 
     record of the United States to the wetlands shall be deemed 
     to be a reference to the ``Vic Fazio Yolo Wildlife Area''.


             Dale bumpers wildlife resources protection act

       Sec. 509. The Arkansas Wilderness Act of 1984 (Public Law 
     98-508, 98 Stat. 2349) is amended by adding at the end 
     thereof the following new section:

     ``SEC. 8. RECOGNIZING THE CONTRIBUTIONS OF SENATOR DALE 
                   BUMPERS.

       ``(a) Dedication.--The nine areas in the State of Arkansas 
     comprising approximately 91,100 acres designated as 
     components of the National Wilderness Preservation System 
     pursuant to this Act are hereby dedicated to United States 
     Senator Dale Bumpers in recognition of

[[Page H8848]]

     his leadership and outstanding contributions to the 
     designation of wilderness in the State of Arkansas and to the 
     protection and preservation of natural resources for the 
     benefit of the people of the United States.
       ``(b) Short Title.--In further recognition of his efforts 
     to protect wilderness resources in the State of Arkansas, 
     this Act shall, upon enactment of this section, be known as 
     the `Dale Bumpers Wilderness Resources Protection Act'.
       ``(c) Public Notification.--Not later than 180 days after 
     the date of enactment of this section, the Secretary of 
     Agriculture, acting through the Chief of the Forest Service, 
     shall take such actions as may be necessary to recognize the 
     contributions of Senator Dale Bumpers to the preservation of 
     wilderness in the State of Arkansas. Such actions shall 
     include, but not be limited to, appropriate signs and other 
     materials, commemorative markers, maps, interpretive programs 
     or other means as will adequately inform the public of the 
     efforts of Senator Bumpers to preserve and protect National 
     Forest wilderness areas in the State of Arkansas.''.
       This Act may be cited as the ``Energy and Water Development 
     Appropriations Act, 1999''.
       And the Senate agree to the same.

     Joseph McDade,
     Harold Rogers,
     Joe Knollenberg,
     Rod Frelinghuysen,
     Mike Parker,
     Sonny Callahan,
     Jay Dickey,
     Bob Livingston,
     Vic Fazio,
     Peter J. Visclosky,
     Chet Edwards,
     Ed Pastor,
     David Obey,
                                Managers on the Part of the House.
     Pete Domenici,
     Thad Cochran,
     Slade Gorton,
     Mitch McConnell,
     R. F. Bennett,
     Conrad Burns,
     Larry E. Craig,
     Ted Stevens,
     Harry Reid,
     Robert Byrd,
     Fritz Hollings,
     Patty Murray,
     Herb Kohl,
     Byron L. Dorgan,
     Daniel Inouye,
                               Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendment of the Senate to the bill (H.R. 4060) making 
     appropriations for energy and water development for the 
     fiscal year ending September 30, 1999, and for other 
     purposes, submit the following joint statement to the House 
     and the Senate in explanation of the effects of the action 
     agreed upon by the managers and recommended in the 
     accompanying conference report.
       The language and allocations set forth in House Report 105-
     581 and Senate Report 105-206 should be compiled with unless 
     specifically addressed to the contrary in the conference 
     report and statement of the managers. Report language 
     included by the House which is not contradicted by the report 
     of the Senate or the conference, and Senate report language 
     which is not contradicted by the report of the House or the 
     conference is approved by the committee of conference. The 
     statement of managers, while repeating some report language 
     for emphasis, does not intend to negate the language referred 
     to above unless expressly provided herein. In cases where 
     both the House report and Senate report address a particular 
     issue not specifically addressed in the conference report or 
     joint statement of managers, the conferees have determined 
     that the House and Senate reports are not inconsistent and 
     are to be interpreted accordingly. In cases in which the 
     House or Senate have directed the submission of a report, 
     such report is to be submitted to both House and Senate 
     Committees on Appropriations.
       Senate amendment: The Senate deleted the entire House bill 
     after the enacting clause and inserted the Senate bill. The 
     conference agreement includes a revised bill.

                                TITLE I

                      DEPARTMENT OF DEFENSE--CIVIL

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

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil


                         general investigations

       The conference agreement appropriates $161,747,000 for 
     General Investigations instead of $162,823,000 as proposed by 
     the House and $165,390,000 as proposed by the Senate.
       The conference agreement includes $100,000 for a 
     reconnaissance study of flood control and related purposes 
     along Burnt Corn Creek and Murder Creek in the vicinity of 
     Brewton and East Brewton, Alabama.
       The conference agreement includes $100,000 for a 
     reconnaissance study of the City of Folsom, California, 
     project, as authorized by Section 503 of the Water Resources 
     Development Act of 1996.
       The conference agreement includes final year funding to 
     conclude demonstration studies on the seismic reliability of 
     public infrastruture in California.
       The conferees direct that the funds provided for the 
     Delaware Bay Coastline, Delaware and New Jersey, project be 
     distributed as follows: $119,000 for the Villas and Vicinity 
     portion; $100,000 for the Roosevelt/Lewes Beach portion; and 
     $200,000 for the Port Mahon portion of the project.
       The conference agreement includes $100,000 for a 
     reconnaissance study of the efficiency of existing water 
     systems serving sugar cane plantations and surrounding 
     communities in the State of Hawaii.
       The conference agreement does not include funding for the 
     Panther Creek, Kentucky, project in the General 
     Investigations account. Funding for this project has been 
     provided in the Construction, General account, under the 
     Section 205 Small Flood Control Projects program of the Corps 
     of Engineers.
       The conference agreement includes $113,000 for the Absecon 
     Island element of the Brigantine Inlet to Great Egg Harbor 
     Inlet, New Jersey, project.
       The conferees direct that the funds provided for the 
     Raritan Bay to Sandy Hook Bay, New Jersey, project be 
     distributed as follows: $225,000 for the Cliffwood Beach 
     element; $325,000 for the Union Beach element; $100,000 for 
     the Leonardo element; and $100,000 for the Port Monmouth 
     element of the project.
       The conference agreement includes $100,000 for a 
     reconnaissance study of flood control and related purposes 
     within the Woodbridge and Rahway river basins in New Jersey.
       The conference agreement includes $500,000 for a 
     feasibility study of the Packery Channel, Corpus Christi, 
     Texas, project.
       The conference agreement includes $100,000 for a 
     reconnaissance study as directed by the Water Resources and 
     Development Act of 1996 to determine the minimum safe height 
     for levees along the Columbia River in the Tri-Cities area.
       The conference agreement includes $100,000 for a 
     reconnaissance study of flooding problems in the Skokomish 
     River Basin, Washington.
       The conference agreement includes $27,000,000 for Research 
     and Development as proposed by the House instead of 
     $30,000,000 as proposed by the Senate. Of the amount 
     provided, $750,000 is for the Zebra Mussel Research Program.
       The conferees have included language in the bill earmarking 
     funds for the following projects in the amounts specified: 
     Delaware Bay Coastline, Delaware and New Jersey, $419,000; 
     Tampa Harbor, Alafia Channel, Florida, $200,000; Barnegat 
     Inlet to Little Egg Harbor Inlet, New Jersey, $322,000; 
     Brigantine Inlet to Great Egg Harbor Inlet, New Jersey, 
     $113,000; Great Egg Harbor Inlet to Townsend's Inlet, New 
     Jersey, $200,000; Lower Cape May Meadows--Cape May Point, New 
     Jersey, $100,000; Manasquan Inlet to Barnegat Inlet, New 
     Jersey, $300,000; Raritan Bay to Sandy Hook Bay, New Jersey, 
     $750,000; and Townsend's Inlet to Cape May Inlet, New Jersey, 
     $250,000.
       The conference agreement deletes funds earmarked in the 
     Senate bill for the Atlanta Watershed, Atlanta, Georgia, 
     project.
       The conference agreement deletes language contained in the 
     Senate bill providing funds for Rehoboth and Dewey Beaches, 
     Delaware. The amount appropriated for General Investigations 
     includes $150,000 for this element of the Delaware Coast from 
     Cape Henlopen to Fenwick Island, Delaware, project.
       The conference agreement deletes language contained in the 
     Senate bill providing funds for Fort Pierce Shore Protection, 
     Florida. This project has been funded in the Construction, 
     General account.
       The conference agreement deletes language contained in the 
     Senate bill providing funds for the Lido Key Beach, Florida, 
     project. The amount appropriated for General Investigations 
     includes $268,000 for this project. The conference agreement 
     also deletes language contained in the Senate bill providing 
     funds for the Paducah, Kentucky, project. The amount 
     appropriated for General Investigations includes $100,000 for 
     a reconnaissance study of the project. The conference 
     agreement also deletes language contained in the Senate bill 
     providing funds for the Lake Pontchartrain Basin 
     Comprehensive Study, Louisiana, project.
       The conference agreement includes language proposed by both 
     the House and Senate directing the Corps of Engineers to use 
     $700,000 of previously appropriated funds to continue the 
     feasibility phase of the Red River Navigation, Southwest 
     Arkansas, project.
       The conference agreement includes language proposed by the 
     House directing the Corps of Engineers to use $500,000 to 
     implement Section 211(f)(7) of the Water Resources 
     Development Act of 1996 and to reimburse the non-Federal 
     sponsor a portion of the Federal share of project costs for 
     the Hunting Bayou, Texas, project, and language proposed by 
     the House directing the Corps of Engineers to use $300,000 to 
     implement Section 211(f)(8) of the Water Resources 
     Development Act of 1996 and to reimburse the non-Federal 
     sponsor a portion of the Federal share of project costs for 
     the White Oak Bayou, Texas, project.


                         construction, general

       The conference agreement appropriates $1,429,885,000 for 
     Construction, General instead of $1,456,529,000 as proposed 
     by the House and $1,248,068,000 as proposed by the Senate.
       The conference agreement includes $585,000 for channel 
     extension work at the Mobile Harbor, Alabama, project.

[[Page H8849]]

       The conference agreement provides $3,500,000 for the Red 
     River Emergency Bank Protection, Arkansas, project. Using 
     those funds, the Corps of Engineers is directed to proceed 
     with the components of the project identified in the House 
     and Senate reports.
       The conferees direct the Corps of Engineers to complete a 
     reevaluation report of the Sacramento River Deepwater Ship 
     Channel, California, project using available funds.
       Funds provided for the Sacramento River Bank Protection 
     Project in California will permit the Corps of Engineers to 
     complete reinforcement and protection work on a five-mile 
     section of Reclamation District 108's so-called Back Levee, 
     the left bank of the Colusa Basin Drain.
       The conferees direct that none of the funds provided for 
     the Dade County, Florida, project shall be used for the 
     acquisition of foreign source materials for the project 
     unless the Secretary of the Army provides written 
     certification to the Committees on Appropriations that 
     domestic sources of materials are not available.
       It is the intent of conferees that the Secretary of the 
     Army, acting through the Chief of Engineers, use 
     appropriations for the Chicago Shoreline, Illinois, project 
     for construction and reimbursement to the non-Federal 
     interest for the Federal share of any costs incurred by the 
     non-Federal interest in reconstructing the revetment 
     structures protecting Solidarity Drive in Chicago completed 
     prior to execution of the Project Cooperation Agreement due 
     to emergency circumstances associated with the potential 
     collapse of existing revetment. It is the intent of the 
     conferees that design, engineering, contracting and 
     construction management of the Chicago Shoreline, Illinois, 
     project be carried out directly by the Secretary of the Army, 
     acting through the Chief of Engineers, except for these 
     segments authorized in subsections 101(a)(12)(A) and (B) of 
     Public Law 104-303.
       The conferees remain supportive of the Des Plaines Wetlands 
     Demonstration, Illinois, project and understand that 
     sufficient funds will be carried forward into fiscal year 
     1999 to meet project requirements for the coming year.
       The conference agreement includes $1,000,000 for 
     construction of the Comite River, Louisiana, project.
       The conference agreement includes $3,800,000 for the 
     Mississippi River, Gulf Outlet, Louisiana, project. The Corps 
     of Engineers is directed to use these funds to begin 
     construction of, and implementation of the community impact 
     mitigation plan for, the Inner Harbor Navigation Canal Lock 
     replacement element of the project.
       The conference agreement includes $6,200,000 for the 
     Jackson County, Mississippi, environmental infrastructure 
     project as authorized by section 504 of the Water Resources 
     Development Act of 1996. Because of the importance of this 
     project, the Corps of Engineers is encouraged to include 
     within the terms of the local cooperation agreement for 
     construction the determination that all work completed after 
     January 17, 1995 by non-Federal interests which is compatible 
     with the project shall be considered part of the project and 
     may be credited by the Secretary toward the non-Federal share 
     of the cost of the project. Such work shall include those 
     activities addressed by the Corps of Engineers conceptual 
     design review report dated June 30, 1994.
       The conferees would not oppose the execution of a contract 
     for the Pascagoula Harbor, Mississippi, phase II dredging 
     project that includes modifications for the extension of 
     Bayou Cassotte.
       The conference agreement includes a total of $38,500,000 
     for the Levisa and Tug Forks of the Big Sandy River and Upper 
     Cumberland River, West Virginia, Virginia and Kentucky, 
     project. These funds are to be distributed as follows: 
     $10,000,000 for the Harlan/Clover Fork, Kentucky, element; 
     $1,000,000 for the Cumberland City/Harlan County, Kentucky, 
     element; $1,500,000 for the Williamsburg, Kentucky, element; 
     $5,000,000 for the Middlesboro, Kentucky, element; $4,150,000 
     for the Pike County, Kentucky, element; $3,850,000 for the 
     Martin County, Kentucky, element; $730,000 for the Town of 
     Martin, Kentucky, element; $920,000 for the Grundy, Virginia, 
     element; $300,000 for the Hatfield Bottom, West Virginia, 
     element; $3,400,000 for the Lower Mingo County (Kermit), West 
     Virginia, element; $4,500,000 for the McDowell County, West 
     Virginia, element; $1,475,000 for the Upper Mingo County, 
     West Virginia, element; and $1,675,000 for the Wayne County, 
     West Virginia, element.
       The conference agreement includes $60,000,000 for the 
     Columbia River Fish Mitigation, Washington, Oregon, and 
     Idaho, project instead of $7,758,000 as proposed by the House 
     and $95,000,000 as proposed by the Senate. Funds are provided 
     for phase I only of the John Day Reservoir drawdown study as 
     outlined in the scoping document and report of the Corps of 
     Engineers dated February 22, 1998. Funds are also provided to 
     continue the lower Snake River feasibility study and to 
     continue ongoing construction activity.
       The conference agreement includes $11,200,000 for the 
     Section 206 program. Using those funds, the Corps of 
     Engineers is directed to proceed with the projects described 
     in the House and Senate reports.
       The conference agreement includes $2,000,000 for the 
     Section 103 program. Using those funds, the Corps of 
     Engineers is directed to proceed with the project described 
     in the House report.
       The conferees recognize the serious erosion problems being 
     experienced on the east end of Dauphin Island, Alabama. To 
     counter this threat to property and habitat, the conferees 
     urge the U.S. Army Corps of Engineers, acting in coordination 
     with non-Federal interests, to initiate a small beach 
     restoration project on the east end of Dauphin Island, 
     Alabama, utilizing alternative sand recapture technologies. 
     Additionally, the conferees encourage the U.S. Army Corps of 
     Engineers to work with non-Federal interests to begin near-
     shore disposal of appropriate dredge material on the east end 
     of Dauphin Island, Alabama.
       The conference agreement includes $300,000 for the Section 
     208 program. Using those funds, the Corps of Engineers is 
     directed to proceed with the projects described in the House 
     report.
       The conference agreement includes $7,000,000 for the 
     Section 14 program. Using those funds, the Corps of Engineers 
     is directed to proceed with the projects described in the 
     House and Senate reports.
       The conference agreement includes $34,800,000 for the 
     Section 205 program. Using those funds, the Corps of 
     Engineers is directed to proceed with the projects described 
     in the House and Senate reports. Of the amount provided for 
     the Section 205 program, $100,000 is for the Port Indian, 
     West Norriton Township, Pennsylvania, project; $100,000 is 
     for studies of flooding problems along the Mad River, New 
     Haven River, Otter Creek, White River, Waits River and 
     affected tributaries in Vermont; and $1,550,000 is for the 
     Cedar River, Washington, flood damage reduction project.
       The conference agreement includes $200,000 for the Section 
     111 program. Using those funds, the Corps of Engineers is 
     directed to proceed with the project described in the House 
     report.
       The conference agreement includes $6,000,000 for the 
     Section 107 program. Using those funds, the Corps of 
     Engineers is directed to proceed with the projects described 
     in the House and Senate reports. The conferees strongly urge 
     the Corps of Engineers to consider the concept design 
     developed by the State of Minnesota in the planning and 
     design of the Duluth (McQuade Road) Harbor, Minnesota, 
     project.
       The conference agreement includes $11,000,000 for the 
     Section 1135 program. Using those funds, the Corps of 
     Engineers is directed to proceed with the projects described 
     in the House and Senate reports. Of the amount provided 
     for the Section 1135 program, $500,000 is for the Green-
     Duwamish Ecosystem Restoration project and $1,758,000 is 
     for the Lower Hamm Creek, Washington, project.
       The conference agreement includes language proposed by the 
     House providing funds specifically for Part I of the Lock and 
     Dam 24, Mississippi River, Illinois and Missouri, project 
     instead of language proposed by the Senate providing funds to 
     the project without reference to Part I.
       The conferees have included language in the bill earmarking 
     funds for the following projects in the amounts specified: 
     Norco Bluffs, California, $4,400,000; Panama City Beaches, 
     Florida, $6,000,000; Tybee Island, Georgia, $1,200,000; 
     Indiana Shoreline Erosion, Indiana, $700,000; Indianapolis 
     Central Waterfront, Indiana, $4,000,000; Ohio River Flood 
     Protection, Indiana, $750,000; Harlan/Clover Fork, 
     Williamsburg, Middlesboro, Martin County, Pike County and 
     Town of Martin (Levisa and Tug Forks of the Big Sandy River 
     and Upper Cumberland River), Kentucky, $25,230,000; Southern 
     and Eastern Kentucky, Kentucky, $4,000,000; Lake 
     Pontchartrain and Vicinity (Hurricane Protection), Louisiana, 
     $16,000,000; Lake Pontchartrain Stormwater Discharge, 
     Louisiana, $4,500,000; Southeast Louisiana, Louisiana, 
     $75,000,000; Jackson County, Mississippi, $6,200,000; Natchez 
     Bluff, Mississippi, $4,000,000; Pascagoula Harbor, 
     Mississippi, $12,000,000; Passaic River Streambank 
     Restoration, New Jersey, $3,000,000; Lackawanna River, 
     Olyphant, Pennsylvania, $6,800,000; Lackawanna River, 
     Scranton, Pennsylvania, $40,551,000; South Central 
     Pennsylvania Environment Improvement Program, Pennsylvania, 
     $39,000,000; Wallisville Lake, Texas, $5,500,000; Virginia 
     Beach, Virginia (Hurricane Protection), $18,000,000; Upper 
     Mingo County, Lower Mongo County, Wayne County, Hatfield 
     Bottom, and McDowell County (Levisa and Tug Forks of the Big 
     Sandy River and Upper Cumberland River), West Virginia, 
     $11,350,000; and West Virginia and Pennsylvania Flood 
     Control, West Virginia and Pennsylvania, $750,000.
       The conference agreement includes language proposed by the 
     House providing that, of the amount provided for the South 
     Central Pennsylvania Environment Improvement Program, 
     $13,000,000 shall be available only for water-related 
     environmental infrastructure and resource protection and 
     development projects in Lackawanna, Lycoming, Susquehanna, 
     Wyoming, Pike and Monroe counties in Pennsylvania in 
     accordance with the purposes of subsection (a) and 
     requirements of subsections (b) through (e) of section 313 of 
     the Water Resources Development Act of 1992, as amended. 
     These funds are provided for water-related environmental 
     infrastructure projects at the following sites in the amounts 
     specified: Athens Township, Bradford County, $1,000,000; 
     Central Bradford Progress Authority, Bradford County, 
     $2,000,000; Towanda Area Municipal Authority, Bradford 
     County, $450,000; South Abington Water Authority, Lackawanna 
     County, $350,000; Borough of Clark Summit, Lackawanna County, 
     $500,000; Covington Township

[[Page H8850]]

     Sewer Authority, Lackawanna County, $1,000,000; Moosic 
     Borough, Lackawanna County, $700,000; Williamsport Municipal 
     Authority, Lycoming County, $400,000; Lycoming County Water 
     and Sewer Authority, $2,700,000; Tobyhanna Township, Monroe 
     County, $200,000; Pike County $3,000,000; and Sullivan 
     County, $700,000.
       Of the remaining amount provided for the South Central 
     Pennsylvania Environment Improvement Program, funds are 
     provided for water-related environmental infrastructure 
     projects at the following sites in the amounts specified: 
     Broad Top Township; Bedford County, $500,000; Chestnut Ridge 
     Municipal Authority, Bedford County, $2,000,000; Northern 
     Blair County Regional Sewer Authority, Blair County, 
     $650,000; Burnside Borough, Clearfield County, $50,000; 
     Graham Township, Clearfield County, $500,000; Curwensville 
     Municipal Authority, Clearfield County, $500,000; Glen Hope 
     Water Association, Clearfield County, $100,000; Irvona 
     Municipal Authority, Clearfield County, $500,000; West 
     Decatur Township, Clearfield County, $200,000; Guilford 
     Township, Franklin County, $500,000; Alexandria Borough/
     Porter Township, Huntingdon County, $500,000; Mount Union, 
     Huntingdon County, $500,000; Huntingdon Borough, Huntingdon 
     County, $850,000; Orbisonia Borough, Huntingdon County, 
     $300,000; Mifflintown Municipal Authority, Juniata County, 
     $500,000; Juniata Terrace Borough, Mifflin County, $500,000; 
     Adams Township, Snyder County, $350,000; and Middleburg 
     Borough, Snyder County, $1,000,000..
       The conference agreement includes language proposed by the 
     House directing the Secretary of the Army to incorporate the 
     economic analyses for the Green Ridge and Plot Sections of 
     the Lackawanna River, Scranton, Pennsylvania, project with 
     the analysis for the Albright Street section of the project 
     and cost-share and implement the combined sections as a 
     single project. The conference agreement also includes 
     language proposed by the House making funds previously 
     appropriated for the restoration of the Lackawanna River 
     Basin Corridor, Pennsylvania, available for other projects 
     and activities on the Lackawanna River in Pennsylvania.
       The conference agreement includes language proposed by the 
     House directing the Secretary of the Army to implement 
     Section 211(f)(6) of the Water Resources Development Acg of 
     1996 and to reimburse the non-Federal sponsor for a 
     portion of the Federal share of the project costs for the 
     Brays Bayou, Texas, project. The conference agreement 
     includes $4,500,000 to implement this direction instead of 
     $6,000,000 as proposed by the House and $3,000,000 as 
     proposed by the Senate.
       The conference agreement includes language proposed by the 
     Senate that increases the appropriation ceiling for the Cook 
     Inlet, Alaska, project and for the Natchez Bluff, 
     Mississippi, project. In addition, the conference agreement 
     includes language that increases the appropriation ceiling 
     for the West Sacramento, California, project, and the 
     Sacramento River, Glenn-Colusa Irrigation District, 
     California, project.
       The conference agreement includes language providing that 
     the Corps of Engineers may use up to $5,000,000, instead of 
     $8,000,000 as proposed by the Senate, to construct an 
     emergency outlet from Devils Lake, North Dakota, to the 
     Sheyenne River. The Corps may proceed with this project using 
     available funds. The conference agreement deletes language 
     proposed by the Senate designating the appropriation as an 
     emergency. The conference agreement includes language 
     proposed by the Senate subjecting the expenditure of funds on 
     this project to a number of conditions. Although the 
     conferees do not specifically endores the Senate report 
     language regarding this project, they are prepared to 
     consider providing additional resources if circumstances 
     warrant.
       The conference agreement includes language providing for 
     the transfer of remaining General Investigations funds 
     previously appropriated for the Juniata River, Pennsylvania, 
     study and the Mussers Dam, Pennsylvania, project to 
     Construction, General for use in specified components of the 
     South Central Pennsylvania Environment Improvement Program.
       The conference agreement deletes language proposed by the 
     Senate directing the Corps of Engineers to use funds 
     previously appropriated for the LaFarge Lake, Kickapoo River, 
     Wisconsin, project to complete and transmit to the 
     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.
       The conference agreement deletes language proposed by the 
     Senate earmarking funds for: a demonstration of sediment 
     remediation technology; the Belle Isle Shoreline Erosion 
     Protection, Michigan, project; the Riverfront Towers to 
     Renaissance Center Shoreline Protection, Michigan, project; 
     and the Great Lakes Basin Sea Lamprey Control, Michigan, 
     project.


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

       The conference agreement appropriates $321,149,000 for 
     Flood Control, Mississippi River and Tributaries instead of 
     $312,077,000 as proposed by the House and $313,234,000 as 
     proposed by the Senate.
       The conferees observe that Congress provided $1,500,000 
     above the budget request in fiscal year 1998 for a grant 
     study of Morganza, Louisiana, to the Gulf of Mexico. These 
     funds were provided to the Corps of Engineers to expedite 
     preconstruction engineering and design as recommended in the 
     report issued in response to Section 425 of the Water 
     Resources Development Act of 1996.


                   Operation and Maintenance, General

       The conference agreement appropriates $1,653,252,000 for 
     Operation and Maintenance, General instead of $1,637,719,000 
     as proposed by the House and $1,667,572,000 as proposed by 
     the Senate.
       The Corps of Engineers is directed to use such available 
     funds as are necessary to continue environmental studies and 
     other activities related to evaluation of the water 
     allocation formulas for the Apalachicola--Chattahooche-Flint 
     (ACF) and Alabama-Coosa-Tallapoosa (ACT) River Basins.
       The conference agreement includes $24,993,000 for operation 
     and maintenance of the McClellan-Kerr Arkansas River 
     Navigation System, Arkansas, project. Within this amount, 
     $3,900,000 is for the acqusition and installation of tow 
     haulage equipment for system locks.
       The conference agreement includes $5,200,000 for operation 
     and maintenance of the Apalochicola Chattahooche and Flint 
     Rivers, Georgia, Alabama and Florida, project. The amount 
     above the budget request is for model studies of the Chipola 
     Cutoff to the Corley Slough reach of the river.
       The amount above the budget request provided for the 
     Kaskaskia River Navigation, Illinois, project is for the 
     purpose described in the Senate Report.
       The conference agreement includes $4,677,000 for operation 
     and maintenance of Wolf Creek Dam, Lake Cumberland, Kentucky, 
     project. The amount above the budget request is for the Corps 
     of Engineers to complete construction of the debris rack at 
     Lake Cumberland, along with landscaping, fencing and bank 
     paving.
       The conferees understand that failure of a containment dike 
     threatens to severely impact critical habitat at the 
     Blackwater Wildlife Refuge in Maryland and that the Corps of 
     Engineers has been approached to offer assistance in 
     resolving the problem. Given the potential impact to this 
     significant wildlife resource, the Corps is encouraged to 
     continue to work with interested parties and to use available 
     authorities and resources as appropriate to assist in 
     correcting the damaged dike.
       The conferees direct the Corps of Engineers to repair the 
     west breakwater at the Cedar River Harbor, Michigan, project, 
     using funds previously appropriated for the project.
       The conferees urge the Corps of Engineers to complete a 
     section 111 report for the Ludington Harbor, Michigan, 
     project to determine critical areas affected by the project, 
     within available funds.
       The conferees are aware of the deteriorated condition of 
     the Owasco Seawall, which threatens the water supply of 
     Auburn, New York. The Corps of Engineers is directed to 
     conduct emergency repairs and rehabilitate the east seawall, 
     utilizing fully such authorities as exist in law.
       The conference agreement includes $9,546,000 for operation 
     and maintenance of the Garrison Dam, Lake Sakakawea, North 
     Dakota, project. The amount above the budget request is for 
     mosquito control activities at Lake Sakakawea.
       The conferees have been informed of the potential need for 
     mitigation dredging of the Charleston Harbor, South Carolina, 
     navigation channel. The Corps of Engineers is directed to 
     review the situation and to use available funds to perform 
     additional dredging if safety conditions warrant.
       The amount above the budget request for the Fort Randall 
     Dam, Lake Francis Case, South Dakota, project is provided for 
     the purposes described in the Senate Report.
       The conference agreement includes $10,900,000 for the Grays 
     Harbor and Chehalis River, Washington, project. Of this 
     amount, $4,000,000 is for continued implementation of the 
     south jetty maintenance project.
       The conference agreement includes $550,000 for the Tri-
     Cities Area, Washington, project. This funding is for NEPA 
     and CERCLA costs associated with land conveyance pursuant to 
     section 501(i) of Public Law 104-303, the Water Resources 
     Development Act of 1996.
       The conference agreement includes $2,000,000 for the 
     Willapa River and Harbor, Washington, project for the Corps 
     of Engineers to determine the appropriate, cost effective, 
     stable channel alignment that will eliminate current 
     unacceptable impacts, and to initiate work once a decision is 
     made. In determining the appropriate alignment, the Corps is 
     to pay particular attention to the erosion damage occurring 
     to State Highway 105, the importance of the highway for 
     access and egress to the local area, and the potential cost 
     of road relocation if the highway is destroyed or has to be 
     rerouted.
       The conferees are aware of a plan for the regionalization 
     of water control management activities for projects operated 
     by the Corps of Engineers. The conferees direct the Corps to 
     brief the Committees on Appropriations of the House and 
     Senate on the elements of such plan (and its impacts on 
     current division and district operations and resources) prior 
     to the plan's adoption.
       The conference agreement deletes language proposed by the 
     House providing for the derivation of funding from the Harbor 
     Maintenance Trust Fund.

[[Page H8851]]

       The conference agreement includes language in the bill 
     proposed by the House earmarking $4,200,000 for the repair of 
     Chickamauga Lock in Tennessee. Within this amount, such funds 
     as are necessary may be expended on studies associated with 
     the repair work, including assessments, evaluations, or 
     analyses of the existing lock. The conference agreement 
     deletes language proposed by the House making the 
     appropriation for Chickamauga Lock subject to authorization.
       The conference agreement deletes language contained in the 
     Senate bill providing funds for the Ponce DeLeon Inlet, 
     Florida, project. The amount appropriated for Operation and 
     Maintenance, General includes $4,000,000 for this project.
       The conference agreement deletes language contained in the 
     Senate bill providing funds for the Delaware River, 
     Philadelphia to the Sea, Pea Patch Island, Delaware and New 
     Jersey, project. The amount appropriated for Operation and 
     Maintenance, General includes $750,000 for this project.
       The conference agreement deletes language contained in the 
     Senate bill providing funds for the Yaquina Bay and Harbor, 
     North Marina Breakwater, Oregon, project. The amount 
     appropriated for Operation and Maintenance, General includes 
     $1,069,000 for this project.
       The conference agreement deletes language proposed by the 
     Senate making available $460,000 for the Omaha District to 
     pay pending takings claims for flooding of property adjacent 
     to the Missouri River. The conferees direct the Corps of 
     Engineers to expeditiously process such claims and make 
     prompt payment upon their disposition by settlement, 
     adjudication, arbitration, or administrative process.
       The conference agreement also deletes language proposed by 
     the Senate providing funding for the Missouri River Between 
     Fort Peck Dam and Gavins Point, South Dakota and Montana, 
     project. The amount appropriated for Operation and 
     Maintenance, General includes $3,000,000 for this project.
       The conference agreement includes language proposed by the 
     Senate which provides that none of the funds appropriated in 
     the Act shall be used for the purpose of acquiring land in 
     Jasper County, South Carolina, in connection with the 
     Savannah Habor navigation project. The conference agreement 
     deletes language proposed by the Senate providing funds to 
     reimburse the Tri-Cities Power Authority for the reevaluation 
     study of the Bluestone lake, West Virginia, project.
       The conference agreement includes language directing the 
     Secretary of the Army to undertake maintenance and repairs on 
     the Allegheny River, Pennsylvania, project, using $6,000,000 
     provided in Public Law 105-62 for extending the navigation 
     channel on the Allegheny River, Pennsylvania, project to 
     provide passenger boat access to the Kittanning, 
     Pennsylvania, Riverfront Park.


                           regulatory program

       The conference agreement appropriates $106,000,000 for the 
     Regulatory Program as proposed by the Senate instead of 
     $110,000,000 as proposed by the House.
       The conference agreement deletes language proposed by the 
     Senate providing funding for the National Contaminated 
     Sediment Task Force.


            formerly utilized sites remedial action program

                     (including transfer of funds)

       The conference agreement appropriates $140,000,000 for the 
     Formerly Utilized Sites Remedial Action Program (FUSRAP) as 
     proposed by both the House and the Senate, and adopts with 
     modifications the statutory provisions proposed by the 
     Senate. The modifications to the language clarify the 
     authority of the Corps of Engineers as the lead Federal 
     agency; permit the use of recovered or contributed funds for 
     credit in the FUSRAP account and use on projects; and permit 
     the Department of Energy to continue to make payments in lieu 
     of taxes for Federally-owned property where FUSRAP activities 
     are conducted.


                            general expenses

       The conference agreement appropriates $148,000,000 for 
     General Expenses as proposed by the House and the Senate.
       The conference agreement includes language proposed by the 
     House making funding specifically available for headquarters 
     support functions at the USACE Finance Center. The conference 
     agreement deletes language proposed by the House prohibiting 
     the use of funds to support an office of congressional 
     affairs within the executive office of the Chief of 
     Engineers. The conference agreement deletes language proposed 
     by the Senate making funds available for the implementation 
     of a plan to reduce the number of division offices of the 
     Corps of Engineers.
       The conferees are aware of a Defense Finance and Accounting 
     Service initiative to assume the finance and accounting 
     support functions which are now performed by the U.S. Corps 
     of Engineers Finance and Accounting Center in Memphis, 
     Tennessee. Because more than ninety-five percent of the 
     Corps-wide operating budget is project funded, active 
     oversight of accounting for operational and project costs is 
     necessary to achieve maximum efficiency for project 
     customers. To this end, the conferees are committed to the 
     highest possible levels of finance and accounting support for 
     the Corps. The Corps must continue to be a competitive 
     engineering service provider, which necessitates full 
     integration of financial and other business processes. This 
     can be achieved only by retaining all of its finance and 
     accounting activities at a central location: the U.S. Army 
     Corps of Engineers Finance and Accounting Center. To ensure 
     that the proposed capitalization by the Defense Finance and 
     Accounting Service fully recognizes Corps missions and 
     responsibilities, the Chief of Engineers is directed to 
     report to the Committees on Appropriations on the progress of 
     capitalization once detailed plans have been formulated.


                             revolving fund

       The conference agreement deletes language proposed by the 
     Senate which permits the Corps of Engineers to use amounts in 
     the Revolving Fund for an addition to the Alaska District's 
     main office building on Elemendorf Air Force Base and which 
     directs that the Revolving Fund shall be reimbursed from the 
     benefitting appropriations by collections each year of user 
     fees sufficient to repay the capital cost of the asset and to 
     operate and maintain the asset. The conferees understand that 
     the language is no longer required.
       The conference agreement includes language proposed by the 
     Senate authorizing the Secretary of the Army to use amounts 
     in the Revolving Fund for activities associated with the 
     relocation of the headquarters of the Corps of Engineers and 
     requiring that the Revolving Fund be appropriately 
     reimbursed.

                           General Provisions

                       Corps of Engineers--Civil

       Sec. 101. The conference agreement includes a provision 
     proposed by the Senate directing the Secretary of the Army, 
     acting through the Chief of Engineers, to undertake work 
     funded in the conference agreement using continuing contracts 
     and providing that no fully allocated funding policy shall 
     apply to projects for which funds are provided in the 
     conference agreement.
       Sec. 102. The conference agreement includes language 
     proposed by the Senate providing that none of the funds made 
     available in the conference agreement may be used to revise 
     the Missouri River Master Water Control Manual if 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.
       Provision not included in the conference agreement.--The 
     conference agreement deletes language proposed by the Senate 
     authorizing and directing the Secretary of the Army to 
     provide planning, design, and construction assistance to non-
     Federal interests in carrying out water related environmental 
     infrastructure and environmental resources development 
     projects in the State of Alaska and earmarking $5,000,000 for 
     such activities.

[[Page H8852]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.000
     


[[Page H8853]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.001
     


[[Page H8854]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.002
     


[[Page H8855]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.003
     


[[Page H8856]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.004
     


[[Page H8857]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.005
     


[[Page H8858]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.006
     


[[Page H8859]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.007
     


[[Page H8860]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.008
     


[[Page H8861]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.009
     


[[Page H8862]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.010
     


[[Page H8863]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.011
     


[[Page H8864]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.012
     


[[Page H8865]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.013
     


[[Page H8866]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.014
     


[[Page H8867]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.015
     


[[Page H8868]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.016
     


[[Page H8869]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.017
     


[[Page H8870]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.018
     


[[Page H8871]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.019
     


[[Page H8872]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.020
     


[[Page H8873]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.021
     


[[Page H8874]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.022
     


[[Page H8875]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.023
     


[[Page H8876]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.024
     


[[Page H8877]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.025
     


[[Page H8878]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.026
     


[[Page H8879]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.027
     


[[Page H8880]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.028
     


[[Page H8881]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.029
     


[[Page H8882]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.030
     


[[Page H8883]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.031
     


[[Page H8884]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.032
     


[[Page H8885]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.033
     


[[Page H8886]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.034
     


[[Page H8887]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.035
     


[[Page H8888]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.036
     


[[Page H8889]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.037
     


[[Page H8890]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.038
     


[[Page H8891]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.039
     


[[Page H8892]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.040
     


[[Page H8893]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.041
     


[[Page H8894]]

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project


                central utah project completion account

       The conference agreement appropriates $42,500,000 to carry 
     out the provisions of the Central Utah Project Completion Act 
     instead of $40,948,000 as proposed by the House and 
     $44,948,000 as proposed by the Senate. The amount above the 
     budget request is for Central Utah Project construction.

                         Bureau of Reclamation

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


                      water and related resources

       The conference agreement appropriates $617,045,000 for 
     Water and Related Resources instead of $596,254,000 as 
     proposed by the House and $671,869,000 as proposed by the 
     Senate.
       The conference agreement includes $45,990,000 for the 
     Central Arizona Project. The conferees direct that $3,718,000 
     of the reduction below the budget request be distributed as 
     described in the House report.
       The conferees understand that the Department of the 
     Interior has not responded to a request for exemption from 
     the Reclamation Reform Act of 1982 submitted by the 
     Harquahala Valley Irrigation District. The managers urge the 
     Department to respond to this request as expeditiously as 
     possible.
       The conference agreement includes $4,900,000 for the 
     American River Division of the Central Valley Project for the 
     Placer County Water Agency permanent replacement pumping 
     facility.
       The conference agreement includes $2,250,000 for the Delta 
     Division of the Central Valley Project for construction of 
     the fish screen at the Contra Costa Canal intake at Rock 
     Slough.
       Of the amount provided for Miscellaneous Project Programs, 
     Central Valley Project, $5,500,000 is for Refuge Water 
     Supply.
       The conference agreement includes $13,776,000 for resources 
     management and development activities of the Sacramento River 
     Division of the Central Valley Project. The conferees that 
     the amount above the budget request be distributed as 
     follows: an addition of $850,000 for the integrated resources 
     management program of the Colusa Basin Drainage District; an 
     addition of $600,000 for the Hamilton City Pumping Plant of 
     the Glenn Colusa Irrigation District; and $400,000 for the 
     Winter-Run Chinook Salmon Captive Broodstock Program.
       The conference agreement includes $200,000 in final year 
     funding for the Walker River Basin, Nevada, project.
       The conference agreement includes $2,100,000 for the Upper 
     Rio Grande Basin Water Management and Technical Assistance 
     Program in New Mexico. Of this amount, $2,000,000 is for the 
     confirmatory well drilling program described in the Senate 
     report.
       The conference agreement includes $200,000 for a 
     feasibility study of the Curry and Roosevelt County portion 
     of the Ute Reservoir Pipeline project.
       The conference agreement includes $15,248,000 for the 
     Endangered Species Recovery Implementation program. Of this 
     amount, $700,000 is for endangered species recovery 
     activities in the San Juan River Basin.
       The conference agreement includes $6,000,000 for the 
     Reclamation Recreation Management (Title XXVIII) program. Of 
     this amount, $2,500,000 is for projects in Colorado, 
     including the Bonny Reservoir Project; $2,000,000 is for 
     recreation facility improvements in New Mexico, as described 
     in the Senate report; and $1,500,000 is for the Yuma West 
     Wetlands Restoration project.
       The conferees have not provided funding for the proposed 
     Unscheduled Maintenance program. The conferees note, however, 
     that generous funding has been provided for facilities 
     operations, maintenance and rehabilitation for Bureau 
     projects throughout the West. The conferees expect the Bureau 
     to efficiently manage these resources and to reorder 
     priorities and utilize its existing reprogramming authority 
     to address unanticipated needs as they arise.
       The conferees are aware that, contrary to the Department of 
     the Interior's budget justification, the Department has 
     failed to finalize an implementation plan for the Anadromous 
     Fish Restoration Plan (AFRP) in fiscal year 1999. The 
     conferees believe that the activities carried out under the 
     AFRP should be based on sound science and carried out in a 
     manner that is consistent with and complementary to the 
     activities being undertaken by the CALFED program. Further, 
     without such an implementation plan, the conferees are unable 
     to determine whether or not the activities proposed to be 
     carried out under the AFRP are ecologically justified as well 
     as reasonable and prudent. The conferees direct the 
     Department to provide the relevant committees of the House 
     and Senate, as soon as possible the Department's ARFP 
     implementation plan and an explanation of how each activity 
     expected to be undertaken with funds appropriated in fiscal 
     year 1999 is consistent with such implementation plan.
       The Department is directed to conform to the following 
     reprogramming guidelines. The Bureau is permitted to 
     transfer, without prior Congressional approval and without 
     regard to percentage limitation, not more than $5,000,000 in 
     any one case to provide adequate funds for settled contractor 
     claims, increased contractor earnings due to accelerated 
     rates of operations, and real estate deficiency judgments, 
     provided that such reprogramming is necessary to discharge 
     legal obligations of the Bureau of Reclamation.
       As to each project within the Resources Management and 
     Development category for which $2,000,000 or more is 
     available at the beginning of the fiscal year, the Bureau is 
     permitted to transfer to such project in that fiscal year no 
     more than fifteen percent of the amount available at the 
     beginning of the fiscal year for such project, without prior 
     Congressional approval. As to each project within the 
     Resources Management and Development category for which less 
     than $2,000,000 is available at the beginning of the fiscal 
     year, the Bureau is permitted to transfer to such project 
     no more than $300,000 in that fiscal year without prior 
     Congressional approval.
       The Bureau if further permitted to transfer funds within 
     the Facility Operation, Maintenance and Rehabilitation 
     category without prior Congressional approval and without 
     regard to percentage or dollar limitation.
       The Bureau may not transfer, without prior Congressional 
     approval, more than $500,000 from either the Facilities 
     Operation, Maintenance and Rehabilitation category or the 
     Resources Management and Development category to any project 
     in the other category. The Bureau is prohibited from 
     initiating any program, project or activity through an 
     internal reprogramming action.
       The conference agreement includes language proposed by the 
     House and Senate providing that, of the total amount provided 
     for Water and Related Resources, $25,800,000 shall be derived 
     by transfer of unexpended balances from the Bureau of 
     Reclamation Working Capital Fund.
       The conference agreement includes language providing for 
     the transfer of $45,990,000 to the Lower Colorado River Basin 
     Development Fund instead of $49,908,000 as proposed by the 
     House and $46,218,000 as proposed by the Senate.
       The conference agreement includes language proposed by the 
     Senate providing that funds available for expenditure for the 
     Departmental Irrigation Drainage Program may be expended for 
     site remediation on a non-reimbursable basis.
       The conference agreement includes language proposed by the 
     Senate to increase the authorized level of appropriations for 
     Indian municipal, rural, and industrial features of the 
     Garrison Unit Diversion project.
       The conference agreement includes language proposed by the 
     Senate providing $3,600,000 to complete the McCall Area 
     Wastewater Reclamation and Reuse, Idaho, project.
       The conference agreement deletes language proposed by the 
     Senate providing funding to study measures to increase the 
     efficiency of existing water systems developed to serve sugar 
     cane plantations and surrounding communities in the State of 
     Hawaii. Funding for such a study has been included in the 
     General Investigations account of the Corps of Engineers.
       The conference agreement deletes language proposed by the 
     Senate waiving the scheduled annual payments for fiscal years 
     1998 and 1999 under section 208 of Public Law 100-202.
       The conference agreement includes language providing 
     $2,800,000 for the Tooele Wastewater Treatment and Reuse 
     Project.


               bureau of Reclamation Loan Program Account

       The conference agreement appropriates $8,421,000 for the 
     Bureau of Reclamation Loan Program Account instead of 
     $12,425,000 as proposed by both the House and the Senate.


                central valley project restoration fund

       The conference agreement appropriates $33,130,000 for the 
     Central Valley Project Restoration Fund as proposed by the 
     House instead of $39,500,000 as proposed by the Senate.
       The conference agreement includes language proposed by both 
     the House and Senate which directs the Bureau of Reclamation 
     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

       The conference agreement appropriates $75,000,000 for the 
     California Bay-Delta Ecosystem Restoration program as 
     proposed by the House instead of $65,000,000 as proposed by 
     the Senate.


                       policy and administration

       The conference agreement appropriates $47,000,000 for 
     Policy and Administration instead of $46,000,000 as proposed 
     by the House and $48,000,000 as proposed by the Senate.

[[Page H8895]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.042
     


[[Page H8896]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.043
     


[[Page H8897]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.044
     


[[Page H8898]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.045
     


[[Page H8899]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.046
     


[[Page H8900]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.047
     


[[Page H8901]]

                               TITLE III

                          DEPARTMENT OF ENERGY

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


                             reprogrammings

       The conference agreement does not provide the Department of 
     Energy with any internal reprogramming flexibility in fiscal 
     year 1999 unless specifically identified by the House, 
     Senate, or conference agreement. Any reallocation of new or 
     prior year budget authority or prior year deobligations must 
     be submitted to the House and Senate Committees on 
     Appropriations in advance in writing and may not be 
     implemented prior to approval by the Committees.


              department of energy construction standards

       The Department is directed to ensure that all nuclear 
     facilities for which construction begins in the year 2000 and 
     beyond, with the exception of those defense nuclear 
     facilities and naval reactor facilities deemed by the 
     Secretary of Energy to be critical to national security 
     needs, are constructed in accordance with Nuclear Regulatory 
     Commission (NRC) licensing standards. The Department should 
     ensure that this requirement does not result in a program 
     requirement to meet two separate sets of standards (both DOE 
     and NRC), but should ensure a smooth transition for meeting 
     NRC standards.


              department of energy reporting requirements

       The conferees agree with the House report language which 
     directs the Department to take certain actions and provide to 
     the House and Senate Committees on Appropriations reports on 
     the computer security and year 2000 computer problem, the 
     Department of Energy organizational structure, the functional 
     support cost system, and augmenting Federal staff.


                          contractor training

       The conferees agree with the House report language on 
     excessive contractor training costs. The conferees are also 
     aware of a recent Inspector General report indicating that 
     the Department was not acquiring hazardous materials training 
     in the most cost-effective manner. The conferees direct the 
     Department to use the most cost-effective alternatives 
     available to meet all training needs at Departmental sites.


                 inapropriate use of appropriated funds

       Both the House and Senate included language citing the 
     inappropriate use of funds by the Department. In response to 
     congressional concerns, the Department conducted an internal 
     review entitled: A Review of the Department of Energy's 
     Discretionary Financial Assistance Programs which was 
     prepared by the Deputy Assistant Secretary for Procurement 
     and Assistance Management. This September 1997 report 
     documented various shortcomings in the Department's 
     procedures for awarding funds to certain outside groups, 
     particularly to certain groups funded by the Office of Energy 
     Efficiency and Renewable Energy. The conferees support the 
     recommendations of the Department's report including the 
     introduction of merit review and competitive procedures, and 
     education of Department employees, contractors and financial 
     recipients with regard to lobbying restrictions. All of these 
     concerns have also been documented in a separate report 
     prepared by the investigative staff of the Committee on 
     Appropriations of the House of Representatives. The conferees 
     commend the Department for taking an interest in these long-
     standing problems and fully support the Department's internal 
     efforts to correct procedures and improve management of these 
     programs.
       After careful consideration of the House and Senate 
     positions, the conferees have decided that the following 
     language should guide the Department of Energy's work with 
     industry associations. The conferees conclude that, as a 
     general rule, appropriated funds should not be used to 
     underwrite the operating expenses of industry associations. 
     The restriction should not be broadly interpreted by the 
     Department to prevent the Department from securing the 
     services of an association for appropriate discrete tasks. 
     In the funding of specific tasks carried out by industry 
     associations, the Department is directed to use merit 
     review procedures and to observe government-wide rules for 
     financial assistance, including rules governing the 
     payment of overhead expenses.
       Financial assistance activities for information 
     dissemination and outreach activities conducted by industry 
     associations shall be competed, and these awards shall be 
     processed by Headquarters Procurement Operations or the 
     Chicago or Idaho Operations Offices. The Department is 
     expected to make substantial progress in fiscal year 1999 in 
     the use of broad area solicitations and other appropriate 
     mechanisms to facilitate increased competition for 
     discretionary financial assistance. Any non-competitive 
     financial assistance awards in excess of $5,000 made by the 
     Office of Energy Efficiency and Renewable Energy to trade 
     associations or other not-for-profit groups for information 
     dissemination or outreach activities from funds provided in 
     this bill must be reviewed by the Assistant Secretary of 
     Energy Efficiency and Renewable Energy. The Department shall 
     apply these mechanisms to the extent practicable to any 
     follow-on tasks or expansion of existing tasks under 
     financial assistance agreements for information dissemination 
     and outreach.
       The conferees also share the Department's concerns about 
     the structure of the Golden field office organization. In 
     particular, the conferees are concerned about organizational 
     arrangements under which contracting personnel report 
     directly to project and administrative managers. While a 
     ``teaming'' concept may be appropriate under certain 
     circumstances, the conferees support the Department's 
     statements that an independent financial assistance and 
     contracting organization would provide clearer lines of 
     authority and professional accountability to ensure sound 
     grant processing and award decisions. Accordingly, the 
     conferees direct that the financial assistance and 
     contracting organization at the Golden field office be 
     reorganized as an independent organization, separate from the 
     organizations which it supports. This direction is consistent 
     with the recommendation of the Department's procurement 
     executive.
       The conferees also support the Department's recommendation 
     that the Department educate Department employees, contractors 
     and recipients of Federal funds about statutory lobbying 
     prohibitions. The conferees are very concerned about the lack 
     of understanding of existing statutes including the Simpson-
     Craig amendment to the Lobbying Disclosure Act of 1995. This 
     provision prohibits the award of Federal grants, contracts 
     and financial assistance to 501(c)(4) organizations which 
     engage in lobbying activities. The Department issued guidance 
     in December 1997 to contractors and Departmental employees on 
     lobbying prohibitions. The Department is directed to ensure 
     that all program offices are aware of this guidance, and take 
     all necessary steps to ensure its implementation.


                competing with private sector companies

       The Department of Energy's laboratories are prohibited from 
     competing with the private sector by numerous statutes and 
     regulations including the Atomic Energy Act of 1954 and 
     provisions in the Federal Acquisition Regulation regarding 
     Federally Funded Research and Development Centers.
       The conferees have received complaints that the Department 
     of Energy has failed to enforce these provisions at the 
     laboratories and other facilities, and that adequate recourse 
     is not available to those that allege harm.
       The conferees direct the Secretary of Energy to assess the 
     statutory and regulatory limitations on laboratories and 
     other Departmental entities allegedly competing with the 
     private sector, and to ascertain what grievance mechanisms 
     are available to the private sector. The Secretary is 
     directed to provide this information to the Committees by 
     March 1, 1999, and make such information readily available to 
     the private sector.


general reductions necessary to accommodate specific program directions

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

                             Energy Supply

       The conference agreement appropriates $727,091,000 instead 
     of $882,834,000 as proposed by the House of $786,854,000 as 
     proposed by the Senate. The conference report includes $3,000 
     for official reception and representation expenses for 
     transparency activities as proposed by the House, instead of 
     $25,000 as proposed by the Senate. The conference report has 
     provided funding on an annual basis as recommended by the 
     House instead of two-year funding as provided by the Senate. 
     The conference report does not include bill language 
     stipulating certain amounts for various solar and renewable 
     programs as provided in the Senate bill. The conference 
     report does not include the $1,500,000 provided in the Senate 
     bill for expenses related to the U.S. membership in the 
     Nuclear Energy Agency.


               solar and renewable resources technologies

       The conference agreement appropriations $365,905,000 
     instead of $351,405,000 as proposed by the House or 
     $415,292,000 as proposed by the Senate.
       Solar Building technology research.--The conference 
     agreement includes $2,900,000, instead of $2,200,000 as 
     proposed by the House or $3,860,000 as proposed by the 
     Senate. The conferees have provided $100,000 to improve 
     computer models that predict the reliability of solar systems 
     made of new materials. The remainder of the funds are 
     provided for technology development.
       Photovoltaic systems research and development.--The 
     conference agreement includes $69,683,000 as proposed by the 
     House instead of $75,849,000 as proposed by the Senate. The 
     conferees have provided $2,883,000 for research to be managed 
     by the Office of Science, the same as the amount in the 
     budget request. Within the $66,800,000 provided to the Office 
     of Energy Efficiency and Renewable Energy, the conferees have 
     provided $27,000,000 for advanced materials and devices, 
     $16,000,000 for systems engineering and reliability, 
     $11,000,000 for fundamental research, $9,000,000 for 
     manufacturing research and development and $1,500,000 for the 
     PV Building Opportunities program. Within available funds, 
     the conferees have included $1,500,000 to support ongoing 
     photovoltaic research done by the Southeast and Southwest

[[Page H8902]]

     regional experiment stations. The conferees agree with the 
     observations made in the House report, but have not included 
     a prohibition regarding the Department's participation in the 
     Million Solar Roofs Initiative. The conferees have included 
     $1,500,000 for work on financing mechanisms, measurement and 
     evaluation, technical standards and infrastructure such as 
     net metering capability in support of the partnership.
       Solar thermal energy systems.--The conference agreement 
     includes $17,000,000, instead of $17,100,000 as proposed by 
     the House or $21,618,000 as proposed by the Senate. The 
     conferees have provided $5,500,000 for thermal systems 
     research, $5,000,000 for dish/engine development, $3,200,000 
     for power tower development, $1,000,000 for the SOLMAT 
     initiative and $1,000,000 for systems and markets/industrial 
     assistance. The conferees direct that the Department submit 
     its plan to complete its participation in the Solar Two 
     project with submission of the fiscal year 2000 budget 
     request.
       Biomass/biofuels research and developments.--The conference 
     agreement includes $99,949,000, instead of $100,799,000 as 
     proposed by the House or $104,033,000 as proposed by the 
     Senate. The conferees have provided $27,199,000 for research 
     to be managed by the Office of Science, the same as the 
     amount in the budget request.
       The conference agreement includes $31,000,000 for power 
     systems of which $15,000,000 is provided for rural 
     development, $2,500,000 is provided for co-firing biomass 
     with coal, $750,000 for the Plunas county ethanol project, 
     and $1,000,000 is provided for demonstration of black liquor 
     gasification. The recommendation includes $41,750,000 for 
     transportation of which $4,000,000 is included for the 
     Sacramento Valley ehtanol project. The conference agreement 
     also includes $1,750,000 for the Gridley project which, 
     combined with amounts provided in previous fiscal years, 
     results in a total of $5,000,000 available for the Gridley 
     project. The conferees urge the Department to complete the 
     Jennings, Lousiana, plant and Vermont gasifier projects as 
     agreed upon with its partners.
       The conference agreement includes $300,000 for the Vermont 
     methane energy production proposal and $100,000 to evaluate 
     the amount, distribution and best method of extraction and 
     utilization of methane gas from the Sunrise Mountain 
     landfill in Nevada.
       The recommendation also includes $2,500,000 for the 
     Consortium for Plant Biotechnology Research, $4,600,000 for 
     feedstock development and $2,500,000 for regional biomass 
     each of which is to be equally derived from the power systems 
     and transportation programs. The conferees have also provided 
     $3,000,000 for accelerated demonstration of Federally-
     sponsored research for renewable energy production and 
     environmental remediation projects at the Michigan 
     Biotechnology Institute. The Institute will work with the 
     Department to identify and manage projects related to the 
     mission of the Office of Energy Efficiency and Renewable 
     Energy. Proposals will be subject to merit review and 
     competition.
       Wind energy research and development.--The conference 
     agreement includes $33,483,000, as proposed by the House, 
     instead of $38,548,000 as proposed by the Senate. The 
     conferees have provided $283,000 for research to be managed 
     by the Office of Science, the same as the amount in the 
     budget request. Within the $33,200,000 provided to the Office 
     of Energy Efficiency and Renewable Energy, $10,700,000 is for 
     applied research, $16,400,000 is for turbine research, 
     $3,000,000 is for industry support and utility analysis, 
     $1,300,000 is for operations at the National Wind Technology 
     Center; and a minimum of $1,700,000, the amount requested, is 
     for certification and standards activities. The conferees 
     have been assured that the certification program will be in 
     place in fiscal year 1999. The conferees welcome the 
     attainment of one of the goals of the wind energy program. In 
     the event that funding requirements for certification exceed 
     the amount requested, the Department may reduce funding for 
     other non-Energy Research wind activities to supplement the 
     $1,700,000 provided for certification.
       Renewable energy production incentive.--The conference 
     agreement includes $4,000,000, as proposed by the Senate 
     instead of $5,000,000 as proposed by the House.
       Solar program support.--The conference agreement does not 
     include funding for this new spending program proposed by the 
     Administration. This is consistent with the proposal of the 
     House. The Senate proposed $7,000,000 for this program. The 
     conferees have provided $1,500,000 for electricity 
     restructuring activities as part of the amount provided below 
     for program direction.
       International solar energy.--The conference agreement 
     includes $3,750,000 instead of $500,000 as proposed by the 
     House or $5,088,000 as proposed by the Senate. Within this 
     amount, $2,500,000 is exclusively for the U.S. Initiative on 
     Joint Implementation. Of this amount, $1,250,000 is to be 
     provided expeditiously to International Utility Efficiency 
     Partnerships, Inc. (IUEP). IUEP shall competitively award 
     projects continuing its leadership role in reducing carbon 
     dioxide emissions using market-based mechanisms. The 
     Department shall consolidate any international projects 
     funded from other solar programs under the $1,250,000 
     provided for joint implementation activities to be managed by 
     the Department.
       No funds provided in this or any prior Act are to be made 
     available for the America's 21st Century or CORECT programs. 
     The conferees have also provided $1,250,000 for the Federal 
     Energy Technology Center for design and siting analysis for 
     an electron scrubbing demonstration project.
       Solar technology transfer.--The conference agreement does 
     not include funding for this new spending program proposed by 
     the Administration. This is consistent with the proposal of 
     the House. The Senate proposed $680,000 for this program.
       National Renewable Energy Laboratory (NREL).--The 
     conference agreement includes $2,000,000 as proposed by the 
     House instead of $5,000,000 as proposed by the Senate. The 
     conferees have provided $1,000,000 for infrastructure and 
     general purpose equipment. The remaining $1,000,000 is to be 
     made available following submission of a program plan by the 
     winner of the competition for the management and operating 
     contract at NREL.
       Geothermal technology development.--The conference 
     agreement includes $28,500,000 instead of $27,500,000 as 
     proposed by the House or $31,250,000 as proposed by the 
     Senate. The conferees have provided $11,000,000 for 
     exploration and production technology, $5,000,000 for 
     drilling technology and $6,000,000 for energy conversion 
     technology.
       The conferees have provided $6,500,000 for the geothermal 
     heat pump deployment program as proposed by the House, a 
     $5,500,000 increase over the amount proposed by the Senate. 
     The conferees note that fiscal year 1999 is the last year of 
     funding for this program.
       Hydrogen research and development.--The conference 
     agreement includes $24,008,000 instead of $18,008,000 as 
     proposed by the House or $32,008,000 as proposed by the 
     Senate. The conferees have provided $3,008,000 for research 
     to be managed by the Office of Science, the same as the 
     amount in the budget request. The conferees have provided 
     $2,225,000 for the Hydrogen Fuel Cell Power and Refueling 
     Station in Nevada and $350,000 for the Montana Trade Port 
     Authority in Billings, Montana, to complete a resource 
     assessment and feasibility study on construction of a solid 
     waste hydrogen fuel cell manufacturing facility. The 
     conference agreement does not include the Senate proposal to 
     provide $250,000 for gasification of switchgrass for use in 
     fuel cells.
       Hydropower.--The conference agreement includes $2,000,000 
     as proposed by the House instead of $4,000,000 as proposed by 
     the Senate and an increase of $1,250,000 over the amount 
     provided last year. The amount provided is exclusively for 
     cost-shared research and development of ``fish-friendly'' 
     turbines.
       Renewable Indian energy resources.--The conference 
     agreement includes $3,500,000 instead of $4,000,000 as 
     proposed by the Senate or no funds as proposed by the House. 
     The conferees have provided $1,000,000 for the Pyramid Creek 
     hydroelectric project, $1,000,000 for a diesel backup system 
     at Sitka, Alaska; $1,000,000 for the Power Creek 
     hydroelectric project and $500,000 for hydroelectric and 
     transmission projects partially funded in fiscal year 1998.
       Electric energy systems and storage.--The conference 
     agreement includes $39,500,000 instead of $38,000,000 as 
     proposed by the House or $42,500,000 as proposed by the 
     Senate. The conferees have provided $32,500,000 for high-
     temperature superconducting research and development, 
     $4,500,000 for energy storage systems and $2,500,000 to 
     support a national laboratory/utility industry partnership to 
     conduct research on reliability of the nation's electricity 
     infrastructure including the impact of electricity 
     restructuring on safety and reliability.
       Federal buildings/remote power initiative.--The conference 
     agreement includes $4,000,000 instead of $5,000,000 as 
     proposed by the House and Senate. The conferees understand 
     that the Department has been successful in identifying and 
     funding proposals that met the criteria established last year 
     by the Congress. The conferees direct that the funding for 
     these programs be equally divided. Projects funded under the 
     remote power and Federal buildings programs are required to 
     meet a twenty-five year payback period.
       Program direction.--The conference agreement includes 
     $17,100,000 instead of $15,600,000 as proposed by the House 
     or $16,326,000 as proposed by the Senate. The Office of 
     Energy Efficiency and Renewable Energy continues to lead the 
     Department in the ratio of salaries and expenses to program 
     dollars. All funding for support service contractors and 
     Assistant Secretary/cross-cutting activities is provided in 
     program direction. The conference agreement includes 
     $1,500,000 for electricity restructuring activities. The 
     Department is directed to prepare and submit a program plan 
     to the Committees on Appropriations describing this new 
     program. The proposal should identify a discrete role the 
     Department would play that would not be duplicative of 
     services provided by the private sector, state governments or 
     other Federal agencies. Within the amount provided, the 
     conferees have included funds for technical assistance to 
     states undergoing restructuring, including $150,000 in 
     support of restructuring activities of the California Energy 
     Commission. The conferees support the Department's efforts to 
     continue its work with electric utilities to facilitate 
     voluntary, cost-effective means to reduce emissions from 
     power generation and approve the use of limited funding from 
     program direction for this purpose.


                             nuclear energy

       The conference agreement appropriates $283,966,000 instead 
     of $227,769,000 as proposed by the House or $308,662,000 as 
     proposed by

[[Page H8903]]

     the Senate. The conferees have provided $19,000,000 for the 
     nuclear energy research initiative instead of $24,000,000 as 
     recommended by the Senate or $5,000,000 as recommended by the 
     House. The conferees have not included funding for the 
     nuclear energy plant optimization program for which the 
     Senate provided $10,000,000 and the House provided no funds.
       Advanced radioisotope power systems.--The conference 
     agreement includes $37,000,000 instead of $40,500,000 as 
     provided by the Senate and $35,000,000 as provided by the 
     House. The conferees continue to be concerned about the lack 
     of interest the Department has shown in streamlining 
     management, reducing the infrastructure, and reducing the 
     extensive level of support service contractors in this 
     program. The Department is directed to prepare a plan to 
     streamline and reduce costs for this program. The plan is 
     to be included with the fiscal year 2000 budget request.
       University reactor fuel assistance and support.--The 
     conference agreement includes $11,000,000 instead of 
     $10,000,000 as provided by the Senate and $12,000,000 as 
     provided by the House. The conferees have provided $4,500,000 
     for the nuclear engineering education research grant program 
     and $1,000,000 each for the university graduate fellowship 
     and industry matching programs. The conferees note that the 
     Department has recommended a 50% increase for Historically 
     Black Colleges and Universities over the amount set aside in 
     fiscal year 1997 and a new start to begin a pre-college 
     nuclear science and technology program. The conferees include 
     funding for these two programs at the same levels provided in 
     fiscal year 1997.
       Termination costs.--The conference agreement provides 
     $85,000,000 instead of $81,150,000 as recommended by the 
     House or no funding under this heading as recommended by the 
     Senate. The Senate provided funding for these activities in 
     two other budget lines: Facilities and Nuclear technology 
     research and development. The conference agreement provides 
     funding for these activities consistent with how funds have 
     been provided in fiscal year 1998. The conferees have 
     provided a total of $45,000,000 for electrometallurgical-
     related activities including $20,000,000 for nuclear 
     technology research and development.
       Fast Flux Text Facility.--The conference agreement includes 
     a new line item for this facility. The conferees have 
     provided $30,000,000 instead of $31,200,000 recommended by 
     the House in the Non-Defense Environmental Management account 
     or $28,100,000 recommended by the Senate in the Facilities 
     program included in the Energy Supply account.
       Uranium programs.--The conference agreement includes 
     $49,000,000 instead of $53,518,000 as proposed by the House 
     or $55,362,000 as proposed by the Senate. The recommendation 
     reflects the elimination of increases requested in the budget 
     request and acceptance of decreases.
       The conferees urge the Secretary to implement a program to 
     begin the stabilization and disposal of depleted uranium 
     hexafluoride stockpiles located at the Paducah, Kentucky, and 
     Portsmouth, Ohio gaseous diffusion plants, and at Oak Ridge, 
     Tennessee. The conferees urge the Secretary of Engery to 
     develop a plan consistent with the intent of Public Law 105-
     204.
       The conferees are aware that the Department has signed a 
     memorandum of agreement with the United States Enrichment 
     Corporation (USEC) to transfer $50,000,000 from USEC in the 
     exchange for accepting the disposal of depleted uranium 
     hexafluoride stockpiles, and an additional $16,000,000 to 
     cover the costs of storing USEC-generated depleted uranium 
     hexafluoride canistes. The conferees direct the Secretary to 
     provide the House and Senate Committees on Appropriations 
     with an accounting of how the Department intends to use this 
     additional funding within 90 days of enactment of this 
     legislation.
       The conference agreement does not include language proposed 
     by the House requiring submission of a report on the status 
     of safeguards at the gaseous diffusion plants.
       Isotope support.--The conference agreement includes 
     $21,500,000 instead of $14,000,000 as proposed by the House 
     or $22,450,000 as proposed by the Senate. The Department is 
     directed to submit its plan for privatizing the molybdenum-99 
     production activities to the Committees on Appropriations no 
     later than December 31, 1998.
       Program direction.--The conferees have provided $24,700,000 
     which includes all direct and indirect funding for Office of 
     Nuclear Energy employees, including those transferred to the 
     Office of Nonproliferation and National Security. The 
     conferees have included $3,700,000 for all support service 
     contracts in accordance with Departmental budget rules. The 
     conferees have not stipulated the amount to be provided for 
     employees transferred to the Office of Nonproliferation and 
     National Security.
       The conferees note that the Department has requested 
     $1,005,000 for travel which represents approximately $5,500 
     per employee of the Office of Nuclear Energy. The conferees 
     believe this amount to be excessive. In particular, the 
     conferees are concerned about the unprecedented level of 
     travel undertaken by the current Director of International 
     Nuclear Safety Programs (formerly, the Director of Nuclear 
     Energy). The conferees have not included any travel funds 
     for the Director in fiscal year 1999. Any changes to the 
     amounts provided require submission and approval of a 
     reprogramming request.


                     Environment, Safety and Health

       The conference agreement includes $50,398,000 instead of 
     $46,000,000 recommended by the House or $56,000,000 
     recommended by the Senate. The conferees have reduced the 
     funding for support service contractors by $5,000,000 instead 
     of $10,000,000 recommended by the House or no reduction as 
     recommended by the Senate.
       The Department is currently conducting pilot projects to 
     determine the impacts of external regulation on various 
     facilities. However, several of the pilot projects have 
     included only the Nuclear Regulatory Commission (NRC) and not 
     the Occupational Safety and Health Administration (OSHA) or 
     affected State and local authorities. Since there are many 
     issues involving the interface between NRC and OSHA and other 
     State and local authorities as well as with DOE, the 
     usefulness of these pilots to determine the full impacts of 
     external regulation is limited. The Department is directed to 
     include all affected regulatory authorities in all future 
     pilot projects. The conferees have provided funding to 
     support OSHA participation in these pilot projects.


                       energy support activities

       Technical information management program.--The conference 
     agreement includes $8,600,000 instead of $9,100,000 as 
     proposed by the House or $8,100,000 as proposed by the 
     Senate.
       Transfer of funds to the Occupational Safety And Health 
     Administration.--The conference agreement includes $1,000,000 
     to be transferred to the Occupational Safety and Health 
     Administration (OSHA) for conducting pilot programs and other 
     activities necessary to simulate the transition of regulatory 
     authority over occupational safety and health at DOE 
     facilities to OSHA.
       With the funding provided, OSHA is to participate in all 
     DOE external regulation pilot projects. OSHA has declined to 
     participate in several of the earlier pilot projects due to 
     limited resources. This has severely limited the usefulness 
     of the pilots.
       Field offices.--The conference agreement provides 
     $104,127,000 instead of $85,000,000 as proposed by the House 
     or $95,000,000 as proposed by the Senate. The conferees have 
     provided funding for Federal employees at the Idaho field 
     office in this account as proposed by the Senate.
       Oak Ridge landlord.--The conference agreement includes 
     $11,000,000 as proposed by the House instead of $12,500,000 
     as proposed by the Senate. The reduction from the budget 
     request reflects the availability of $1,500,000 as a result 
     of the reprogramming approved by the Committees on 
     Appropriations on March 16, 1998.


                          FUNDING ADJUSTMENTS

       The conference report includes two funding adjustments. The 
     $47,905,000 adjustment represents the funding provided for 
     renewable energy research programs managed by the Office of 
     Energy Research and funded in the Science account. The 
     conferees have included a prior year balance adjustment of 
     $50,000,000 as proposed by the Senate instead of $31,535,000 
     as proposed by the House. The conferees have not included the 
     general reduction of $10,795,000 as proposed by the Senate.

                  Non-Defense Environmental Management

       The conference agreement appropriates $431,200,000 instead 
     of $466,700,000 as proposed by the House and $418,254,000 as 
     proposed by the Senate.
       The conferees have provided funding for the Fast Flux Test 
     Facility (FFTF) at Richland, Washington, in the Energy Supply 
     account as proposed by the Senate, rather than in this 
     account as proposed by the House.
       The conference agreement provides an additional $5,700,000 
     to accelerate cleanup at the Brookhaven National Laboratory. 
     The conferees are aware of several smaller sites and 
     laboratories that could benefit from additional funds and 
     urge the Department to seek additional funding in fiscal year 
     2000 to accelerate the cleanup of these sites.

      Uranium Enrichment Decontamination and Decommissioning Fund

       The conference agreement appropriates $220,200,000 instead 
     of $225,000,000 as proposed by the House and $196,827,000 as 
     proposed by the Senate.
       The conferees understand that an increase in the 
     authorization for the Federal reimbursement for thorium mill 
     tailings is necessary to raise the ceiling from $65,000,000 
     to $140,000,000. The conferees support this necessary 
     increase in the Federal reimbursement for thorium mill 
     tailings.

                                Science

       The conference agreement appropriates $2,682,860,000 for 
     Science instead of $2,399,500,000 as proposed by the House 
     and $2,634,207,000 as proposed by the Senate. The conference 
     agreement deletes language proposed by the Senate earmarking 
     funds for the University of Nevada Las Vegas.
       High energy physics.--The conference agreement provides 
     $696,500,000 for high energy physics. This is the amount 
     provided by the House and represents a $3,000,000 increase 
     over the budget request for facilities operations and a 
     $2,500,000 increase for research and technology over the 
     amount requested by the Administration. The increase is 
     provided for maximum use of university and laboratory-based 
     user facilities.
       Nuclear physics.--The conference agreement provides 
     $335,100,000 for nuclear physics. This is the amount provided 
     by the House and represents a $2,500,000 increase

[[Page H8904]]

     over the amount requested by the Administration. The increase 
     is provided for maximum use of university and laboratory-
     based user facilities.
       Biological and environmental research.--The conference 
     agreement includes $443,600,000 instead of $405,900,000 as 
     recommended by the House or $407,600,000 as recommended by 
     the Senate. The conferees have included $3,000,000 in 
     addition to the amount in the budget request for the low-dose 
     effects program for which an additional $5,000,000 is 
     provided in the Defense Environmental Management account. The 
     conferees have provided $10,500,000 only for the Institute of 
     Molecular Biology and Medicine, to continue microbial 
     genomics research initiated in fiscal year 1998. The 
     conferees have also provided $8,000,000 to Sacramento County 
     as the Local Redevelopment Authority for medical research and 
     educational development at the McClellan nuclear reactor 
     center, in conjunction with the University of California--
     Davis.
       The conferees have provided $1,000,000 for the Gallo 
     Institute of the Cancer Institute of New Jersey for regional 
     prostate cancer research, education and treatment initiatives 
     to develop model outreach and early diagnosis and 
     intervention strategies, focusing on one of the highest 
     incidence regions in the nation and of prostate cancer in 
     minority men. The conference agreement also includes 
     $1,000,000 to begin planning for the marine mammal research 
     and education center at the National Energy Laboratory in 
     Hawaii. The conferees have also provided $2,500,000 for the 
     bone marrow transplantation/radioimmunotherapy demonstration 
     project at the City of Hope National Medical Center in 
     California.
       The conference report includes $10,000,000 for the creation 
     of a program to develop technologies using advanced 
     functional brain imaging methodologies, including 
     magnetoencephalography, for conduct of basic research in 
     mental illness and neurological disorders. The conference 
     report includes $2,000,000 for the State University (New 
     York), Stony Brook, to create a comprehensive cancer 
     institute to serve as a focal point (in conjunction with 
     regional cancer centers, the Brookhaven National Laboratory 
     and the Cold Springs Harbor Laboratory) for a concentrated, 
     multi-disciplinary approach to basic and clinical research, 
     detection and molecular analysis of cancer, and development 
     of new diagnostics and therapies targeting cancer. The 
     conference report includes $1,000,000 for the design, 
     planning and construction of an interdisciplinary science 
     facility at the University of Alabama Tuscaloosa. The 
     conference report includes $1,000,000 for the continued 
     construction of the Highlands University Science Center in 
     New Mexico. The conference report includes $7,000,000 to be 
     evenly divided between the West Virginia University National 
     Education and Technology Center and the University of South 
     Carolina Medical Center to support the utilization of 
     Positron Emission Tomography.
       Basic energy sciences.--The conference agreement includes 
     $809,100,000 instead of $779,100,000 as recommended by the 
     House or $836,100,000 as recommended by the Senate. The 
     conferees have included $7,000,000 for the Experimental 
     Program to Stimulate Competitive Research, the same as the 
     House-approved level and $3,000,000 less than the amount 
     provided by the Senate. The conference agreement also 
     includes $500,000 for research related to identification of 
     trace element isotopes in environmental samples to be done at 
     the University of Nevada Las Vegas.
       Spallation Neutron Source.--The recommendation includes 
     $130,000,000 to begin construction of a new spallation 
     neutron source. The conferees have provided $101,400,000 for 
     line-item construction costs and $28,600,000, the amount of 
     the budget request, for related research and development. The 
     total amount provided is a reduction of $27,000,000 from the 
     budget request and an increase of $107,000,000 over the 
     current fiscal year.
       Computational and technology research.--The conference 
     agreement includes $143,000,000 instead of $138,640,000 as 
     recommended by the House or $150,000,000 as recommended by 
     the Senate. The conferees support the House provision 
     regarding funding for the Next Generation Internet 
     initiative. However, the conferees have provided $5,000,000 
     more than the amount provided by the House for improved 
     utilization of the Department's existing computing 
     infrastructure. Funding is provided for unique Internet tools 
     for technologies that will not be available in the commercial 
     marketplace in any reasonable timeframe and to maintain 
     existing connections to the university community that are 
     supported in the present research network.


                         Fusion Energy Sciences

       The conferees have provided a total of $229,750,000 for 
     fusion energy sciences, a $1,590,000 increase over the amount 
     in the budget request. The conference agreement includes 
     $223,300,000 for the fusion energy sciences program. Funding 
     for this program has been provided in the Science account as 
     recommended by the Senate instead of the Energy Supply 
     account as recommended by the House. The conferees have 
     provided up to $6,450,000 for all program direction expenses 
     related to the fusion program within the $49,800,000 provided 
     in the Science account for program direction. The conferees 
     note that the Department continues to emphasize tokamak 
     development at the expense of other promising technologies. 
     The conferees continue to be very supportive of the increased 
     emphasis on innovative confinement concepts and university-
     based experiments. The conferees encourage the Secretary to 
     provide sufficient resources for these efforts. In 
     particular, special emphasis should be placed on funding 
     operations, upgrades, and enhanced design work on both 
     existing and proposed alternative concept experiments at the 
     proof-of-principle level, including an increase for inertial 
     confinement.
       International Thermonuclear Experimental Reactor (ITER).--
     The conferees note that the ITER agreement expired on July 
     21, 1998. For the past several years, Congress has been clear 
     that the U.S. commitment to ITER extended only through fiscal 
     year 1998. The Department is directed not to sign an 
     extension of this agreement without the written consent of 
     the authorizing and appropriations committees of the House 
     and Senate. The conferees understand and support the value of 
     international collaboration. The Department is encouraged to 
     consider the possibility of utilizing the existing 
     international fusion center in San Diego in future 
     collaborations.
       The conferees note that the description of ITER and ITER-
     related activities in the budget request is not comparable to 
     the classification of these activities in fiscal year 1998, 
     but support the orderly completion of research and 
     development of components that can be completed in fiscal 
     year 1999. For example, the conferees fully expect the 
     Department to meet its commitment to the delivery and testing 
     of the central solenoid model coil.
       The conferees have included $12,200,000 as directly related 
     to completion of ITER-related activities, including funds to 
     complete research and development in the base technology 
     program and to provide for orderly ITER closeout costs. The 
     Department must submit a reprogramming request if 
     requirements exceed the $12,200,000 provided.
       Tokamak Fusion Test Reactor (TFTR).--In fiscal year 1997, 
     Congress terminated funding for the TFTR. The conferees note 
     that TFTR has ceased operation and that many parts of the 
     TFTR facility will be re-used for the new National Spherical 
     Torus Experiment. Currently, the Department is spending 
     approximately $4,000,000 annually for care-taking of the 
     remaining TFTR components. The Department has no immediate 
     plans for the decommissioning of the TFTR unit, proposing to 
     continue care-taking expenses indefinitely. The conferees 
     have been made aware of decommissioning proposals to complete 
     decommissioning in three years, with estimated savings of 
     $25,000,000. The conferees direct the Department to prepare a 
     reasonable, timely and cost-effective decommissioning plan 
     and to submit a plan to begin decommissioning in the fiscal 
     year 2000 budget request. The Department shall consult with 
     the Princeton Plasma Physics Laboratory throughout the 
     development of this plan.
       University and Science Education.--The conferees have 
     adopted the House provision to provide funding for the 
     Laboratory Cooperative, National Science Bowl and Albert 
     Einstein Distinguished Educator Fellowships programs within 
     the amount provided for program direction. Consistent with 
     action taken over the last two fiscal years, the conferees 
     have not included funding for grade school curriculum 
     development programs and other education initiatives 
     included in the Department of Energy's budget request. The 
     conferees continue to support the various programs offered 
     through the nation's laboratories. The conferees encourage 
     the Department to seek opportunities to support work such 
     as that performed by the Science and Technology Alliance.


                           PROGRAM DIRECTION

       The recommendation is $49,800,000, instead of $43,100,000 
     as proposed by the House or $37,600,000 as proposed by the 
     Senate. The conferees have provided $45,300,000 for standard 
     program direction activities including up to $6,450,000 for 
     salaries and expenses for the Office of Fusion Energy 
     Sciences. The conferees have also provided an additional 
     $4,500,000 to fund the Laboratory Cooperative, National 
     Science Bowl, and Albert Einstein Distinguished Educator 
     Fellowships programs as proposed by the House. The conferees 
     take this action to establish a legitimate funding mechanism 
     for these activities.


                          FUNDING ADJUSTMENTS

       The conference agreement includes four funding adjustments. 
     The $7,600,000 adjustment represents previously appropriated 
     funds the Department has identified as surplus. The funds 
     were provided as part of the closeout costs related to 
     cancellation of the Superconducting Super Collider. The 
     $13,500,000 adjustment represents an estimate of the policy-
     related work requested as part of the Climate Change 
     Technology Initiative. This adjustment is to be made 
     exclusively to the Basic Energy Sciences and Biological and 
     Environmental Research programs. The conference agreement 
     includes a $13,000,000 prior year balance adjustment as 
     proposed by the Senate instead of no adjustment as proposed 
     by the House. The conference agreement also includes a 
     $5,700,000 general reduction. To the extent practicable, the 
     conferees direct that general reductions are not applied to 
     operation of user facilities. The conferees have not included 
     the general reduction of $42,353,000 as proposed by the 
     Senate.

[[Page H8905]]

                         Nuclear Waste Disposal

       The conference agreement appropriates $169,000,000 instead 
     of $160,000,000 as proposed by the House and $190,000,000 as 
     proposed by the Senate. The conference agreement changes the 
     name of this account to ``Nuclear Waste Disposal'', and 
     provides $165,000,000 to be derived from the Nuclear Waste 
     Fund to continue the repository program.
       The conference agreement provides $4,000,000 to be 
     appropriated from the General Fund for a civilian research 
     and development program to conduct a study of accelerator 
     transmutation of waste (ATW) technology. The Department is to 
     establish, in coordination with its laboratories, a road map 
     for the development of ATW technology. The road map should 
     identify the technical issues that must be resolved, a 
     proposed time schedule and program to resolve these issues, 
     and the estimated cost of such a program. The road map should 
     also consider and propose collaborative efforts with other 
     countries developing ATW technology and other programs 
     developing accelerator technology. In addition, the report 
     should include an assessment of the institutional challenges 
     of this program, the impact this technology could have on the 
     civilian spent nuclear fuel program, areas of development 
     which could have benefits to other ongoing programs, and the 
     estimated capital and operational life cycle costs to treat 
     civilian spent nuclear fuel.
       The conference agreement includes $250,000 for the State of 
     Nevada instead of $4,875,000 as proposed by the Senate and no 
     funds as proposed by the House. This funding will be provided 
     to the Department of Energy which will reimburse the State 
     for actual expenditures on appropriate scientific oversight 
     responsibilities conducted pursuant to the Nuclear Waste 
     Policy Act of 1982. These funds may not be used for salaries 
     and expenses for State employees in the oversight office.
       The conference agreement includes $5,540,000 for affected 
     units of local government as proposed by the Senate instead 
     of no funds as proposed by the House. Funding for the 
     affected local governments is to be allocated in the same 
     proportion as was provided to each affected local government 
     in fiscal year 1998.
       The conference agreement includes $500,000 for the 
     University of Nevada-Las Vegas to manage data from scientific 
     studies of Yucca Mountain. No funds have been earmarked to 
     study canister aging and corrosion. The conference agreement 
     includes a 10 percent reduction from the budget request for 
     the management and administrative support service contractors 
     at the Yucca Mountain Office and Headquarters. The House had 
     proposed reducing all support service contracts by 10 
     percent.
       Consistent with the requirement in Public Law 104-206, the 
     conferees reiterate the importance of the timely completion 
     of the Viability Assessment of the Yucca Mountain site and 
     expect the Department to provide this assessment to the 
     President and Congress during 1998. The Viability Assessment 
     is a significant prerequisite to the national decision to 
     accept high-level radioactive waste and spent fuel at a 
     Federal facility.

                      Departmental Administration

       The conference agreement appropriates $200,475,000 for 
     Departmental Administration instead of $175,365,000 as 
     proposed by the House and $234,755,000 as proposed by the 
     Senate. Funding of $37,627,000 is to be transferred to this 
     account from Other Defense Activities. Revenues of 
     $136,530,000 are estimated to be received in fiscal year 
     1999, resulting in a net appropriation of $63,945,000.
       The conference agreement includes bill language proposed by 
     the House providing additional amounts for cost of work for 
     others provided that such increases are offset by revenue 
     increases of the same or greater amount.
       The conferees have provided $35,000 for official reception 
     and representation expenses of the Department of Energy as 
     proposed by the Senate instead of $5,000 as proposed by the 
     House. The conferees expect the Department to be prudent in 
     the use of these funds and to submit a report to the House 
     and Senate Committees on Appropriations providing a detailed 
     description of each expenditure from this account in fiscal 
     year 1999.
       The conference agreement provides reprogramming authority 
     of $500,000 or 5 percent, whichever is less, within the 
     Departmental Administration account without submission of a 
     reprogramming to be approved by the House and Senate 
     Committees on Appropriations. No individual program account 
     may be increased or decreased by more than this amount during 
     the fiscal year using this reprogramming authority. This 
     should provide the needed flexibility to manage this account. 
     Congressional notification within 30 days of the use of this 
     reprogramming authority is required. Transfers which would 
     result in increases or decreases in excess of $500,000 or 5 
     percent to an individual program account during the fiscal 
     year require prior notification and approval from the House 
     and Senate Committees on Appropriations.
       The conferees direct the Department to develop guidelines 
     for its overseas employees based on the guidelines in effect 
     for employees of the Department of State.

                           Inspector General

       The conference agreement appropriates $29,000,000 for the 
     Inspector General instead of $29,500,000 as proposed by the 
     House and $27,500,000 as proposed by the Senate.

                           Weapons Activities

       The conference agreement appropriates $4,400,000,000 
     instead of $4,142,100,000 as proposed by the House and 
     $4,445,700,000 as proposed by the Senate.
       The conference agreement includes language proposed by the 
     Senate providing that funding for any ballistic missile 
     defense program undertaken by the Department of Energy for 
     the Department of Defense must be provided in accordance with 
     procedures established for Work for Others by the Department 
     of Energy.
       Stockpile stewardship.--The conference agreement supports 
     funding for activities in the core stockpile stewardship 
     program with the following specific adjustments. The 
     accelerated strategic computing initiative (ASCI) program has 
     been reduced by $23,200,000 resulting in a total program 
     level of $305,900,000. The agreement includes the additional 
     $10,000,000 proposed by the House for the inertial fusion 
     program to further development of high average power lasers.
       Testing capabilities and readiness.--Up to $6,000,000 is 
     available for continued development and procurement of a dual 
     stage gas gun to be located at the Nevada Test Site. The 
     conferees are aware of the memorandum of agreement between 
     the Department and the Nevada university and community 
     college system and urge the Department to find mutually 
     beneficial projects which can be conducted under this 
     agreement.
       Technology transfer.--The conference agreement provides 
     $45,000,000 for the technology transfer program. Any 
     necessary program reductions should be applied 
     proportionally.
       Construction projects.--At the request of the Department, 
     the conferees have reallocated $1,800,000 provided by the 
     House and Senate for project 99-D-107, the joint 
     computational engineering laboratory, to operating expenses 
     for the accelerated strategic computing initiative. 
     Construction of the laboratory is now planned to begin in 
     fiscal year 2001.
       The conference agreement provides a total of $15,000,000 
     for new construction projects in fiscal year 1999. The budget 
     request for new construction starts was $25,300,000. The 
     conferees acknowledge the need for some new construction 
     funding, but remain concerned that the Department has not yet 
     resolved its serious project management deficiencies. Thus, 
     none of the funds may be obligated for a project until an 
     independent assessment validating the cost and schedule for 
     the specific project has been completed and provided to the 
     House and Senate Committees on Appropriations.
       Stockpile management.--For core stockpile management 
     activities, the conference agreement provides $1,986,803,000, 
     which includes the following adjustments to the budget 
     request. Additional funding of $6,500,000 is provided for 
     handling uranium materials and infrastructure upgrades at the 
     Y-12 plant in Oak Ridge, Tennessee; $12,000,000 is provided 
     to support advanced manufacturing and other capital 
     investment needs at the Kansas City plant; $17,500,000 is 
     provided to support scheduled workload requirements and other 
     stockpile management requirements at the Pantex plant in 
     Amarillo, Texas; and $5,000,000 is provided to support 
     infrastructure and maintenance needs at the Savannah River 
     Site.
       None of the funds provided for new construction project 
     starts may be obligated until an independent assessment 
     validating the cost and schedule for the specific project has 
     been completed and provided to the House and Senate 
     Committees on Appropriations.
       Tritium.--A total of $167,000,000, an increase of 
     $10,000,000 over the budget request, is provided for 
     continued research and development on a new source of 
     tritium.
       Program direction.--For program direction funding, the 
     conference agreement provides $250,000,000, a reduction of 
     $10,500,000 from the budget request. The conferees believe 
     that further savings can be achieved through efficiencies 
     from realignment efforts proposed in the Institute for 
     Defense Analysis report on the Department's management 
     structure for weapons activities. The conference agreement 
     includes $7,000,000 for the Los Alamos schools and $3,000,000 
     for the Los Alamos Educational Foundation.
       Funding adjustments.--The conference agreement includes the 
     use of $82,536,000 of prior year balances instead of 
     $305,436,000 as proposed by the House and $50,000,000 as 
     proposed by the Senate.

         Defense Environmental Restoration and Waste Management

       The conference agreement appropriates $4,310,227,000 for 
     Defense Environmental Restoration and Waste Management 
     instead of $4,358,554,000 as proposed by the House and 
     $4,293,403,000 as proposed by the Senate. Additional funding 
     of $1,038,240,000 is contained in the Defense Facilities 
     Closure Projects account and $228,357,000 in the Defense 
     Environmental Management Privatization account, for a total 
     of $5,576,824,000 provided for all defense environmental 
     management activities.
       Site/Project Completion.--The conference agreement provides 
     $1,052,741,000 for sites and projects to be completed by 
     2006. The conference agreement provides an additional 
     $5,000,000 to process tritium-contaminated heavy water 
     currently being stored at the Savannah River Site. The 
     conferees recognize the importance of this project and 
     appreciate this innovative way of doing business. The 
     conferees urge the Department to do what is necessary in 
     future years to bring this project to a successful 
     conclusion.
       Funding of $5,000,000 has been provided for cleanup 
     activities related to TA-21 at the

[[Page H8906]]

     Los Alamos National Laboratory. The Department is directed to 
     prepare a detailed project plan for the cleanup of TA-21 
     project which includes the cost and schedule for each of the 
     activities to be conducted, have the plan independently 
     assessed, and submit the plan with the fiscal year 2000 
     budget request.
       At the request of the Department, the conference agreement 
     moves $4,512,000 from project 96-D-408, waste management 
     upgrades, to project 93-D-187, high-level waste removal from 
     waste tanks, at the Savannah River Site.
       The conferees remain concerned about the high cost of 
     temporary storage and management of low-level wastes that are 
     ready for permanent disposal and believe that available 
     technologies demonstrated and certified by the Department's 
     Environmental Management program as cost-effective 
     alternatives should, to the extent appropriate, receive 
     priority funding to dispose of these wastes. The conferees 
     are aware of the Department's efforts to replace costly 
     programs like the Interim Waste Management Facilities for 
     low-level mixed waste at Oak Ridge, Tennessee, and other 
     sites, and encourage the Department to implement promptly 
     replacement programs and alternatives.
       Post 2006 Completion.--The conference agreement includes an 
     additional $7,000,000 for research and treatment of high 
     level waste at Idaho; $3,000,000 to support operational needs 
     at the Waste Isolation Pilot Project; $5,000,000 to reimburse 
     the State of New Mexico; $25,000,000 to support modifications 
     to the Defense Waste Processing Facility in-tank 
     precipitation process; and $15,000,000 for increased tank 
     farm operations and reactor decommissioning at the Hanford 
     site. The conference agreement also includes $5,500,000 for 
     the hazardous materials management and emergency response 
     training facility at Hanford.
       The conference agreement does not include the proposal by 
     the House for submission by the Department of a report on 
     transportation of hazardous materials.
       The conferees recognize that universities in South 
     Carolina, Georgia, and Louisiana have provided valuable 
     technological and research assistance to the Department's 
     environmental cleanup program, and recommend that the 
     Department continue using these institutions where possible.
       The conference reports accompanying the fiscal year 1997 
     and 1998 Energy and Water Development Appropriations Acts 
     urged the Department's Offices of Waste Management and 
     Technology Development to undertake jointly research and 
     development focused on higher risk, high pay-off modular in-
     can vitrification technology as an alternative or backup to 
     achieve satisfactory cleanup results at a significantly lower 
     cost. The conferees are aware of the Department's recent 
     award of a contract in compliance with these recommendations 
     and strongly urge the Department to continue to fund this 
     important research and development work in fiscal year 1999 
     to ensure that its potential for lower cost cleanup may be 
     determined at the earliest possible date.
       The conference agreement includes $350,000 to cover the 
     cost of an on-line tritium monitor for the City of Savannah, 
     Georgia.
       Health effects studies.--The conferees have provided 
     $12,000,000 for worker and public health effects studies, 
     instead of $15,000,000 as proposed by the House and 
     $10,000,000 as proposed by the Senate. These funds are to be 
     managed by the Office of Environment, Safety, and Health. 
     Demands for funding by various groups to conduct worker and 
     public health studies at each Department of Energy site are 
     increasing. The conferees agree that all funding for Health 
     and Human Services (HHS) managed studies, either through the 
     Center for Disease Control and Prevention or the Agency for 
     Toxic Substances and Disease Registry shall be incorporated 
     into a single memorandum of understanding with HHS, and that 
     DOE and HHS will prepare a consolidated and coherent strategy 
     which includes a public health agenda for each DOE site. All 
     DOE-funded health studies and proposals shall be 
     independently peer-reviewed, and consistent with the public 
     health agenda for each site.
       The conferees have deferred without prejudice funding to 
     initiate the proposed Hanford Medical Monitoring program, but 
     within the health effects studies funding have allocated 
     $2,000,000 for the Department to initiate a public 
     information and education program.
       Science and Technology Development.--The conference 
     agreement provides $247,000,000 for the technology 
     development program including $8,500,000 to support the 
     Department's efforts to deploy cost-effective new 
     technologies. Deployment of new technologies is a strategic 
     activity affecting virtually all environmental management 
     programs and sites, and should be strongly supported as a 
     complex-wide program, not another initiative established and 
     maintained in isolation in the technology development 
     organization.
       The conferees urge the Department to continue research on 
     hazardous materials in aquatic environments that supports the 
     technology focus areas in mixed waste characterization, 
     treatment, and disposal of subsurface contaminants.
       The conference agreement includes $2,000,000 for the 
     national pilot program for electronics recovery and 
     recycling; up to $2,000,000 to use a technology that will 
     safely and effectively destroy the asbestos removed from 
     Federal facilities during the decontamination and 
     decommissioning process; and $4,500,000 for the Diagnostic 
     Instrumentation and Analysis Laboratory (DIAL).
       Environmental science program.--The conference agreement 
     provides $47,000,000 for the environmental basic research 
     science program, an increase of $15,000,000 over the budget 
     request which had included no funding for new proposals in 
     fiscal year 1999. This increase includes $5,000,000 for 
     proposals to determine the biological effects of exposure to 
     low doses of ionizing radiation. These proposals are to be 
     coordinated with the program being conducted by the Office of 
     Energy Research.
       Risk Policy.--The conference agreement includes $4,000,000 
     for the Consortium for Risk Evaluation and Stakeholder 
     Participation (CRESP) and $2,000,000 for the Consortium for 
     Environmental Risk Evaluation (CERE).
       Program direction.--The conferees have provided 
     $337,073,000 for the program direction account. The 
     recommendation does not include the transfer of the Federal 
     employees at the Idaho Operations Office. The reduction of 
     $9,126,000 from the budget request should be applied to 
     support service contracts, travel, and other lower priority 
     activities at Headquarters and in the field.
       Economic development.--The conference agreement maintains 
     the current policy that no cleanup funds are to be used for 
     economic development activities. The conferees have provided 
     $29,900,000 in the worker and community transition program 
     which was established and authorized to fund such activities, 
     and expect all economic development activities to be funded 
     from that program.

                  Defense Facilities Closure Projects

       The conference agreement appropriates $1,038,240,000 for 
     the Defense Facilities Closure Projects account as proposed 
     by the House instead of $1,048,240,000 as proposed by the 
     Senate. The conferees expect the Department to request 
     adequate funds to keep each of these projects on a schedule 
     for closure by 2006.

             Defense Environmental Management Privatization

       The conference agreement provides $228,357,000 for the 
     environmental management privatization program instead of 
     $286,857,000 as proposed by the House and $241,857,000 as 
     proposed by the Senate. The conference agreement includes 
     $100,000,000 for the tank waste remediation system (TWRS) 
     project as proposed by the House. The remaining projects and 
     the use of prior year balances are funded at the levels 
     recommended by the Senate.

                        Other Defense Activities

       The conference agreement appropriates $1,696,676,000 for 
     Other Defense Activities instead of $1,761,260,000 as 
     proposed by the House and $1,658,160,000 as proposed by the 
     Senate. Details of the conference agreement are provided 
     below.


                 NONPROLIFERATION AND NATIONAL SECURITY

       The conference agreement provides $701,600,000 for 
     nonproliferation and national security programs instead of 
     $696,600,000 as proposed by the House and $696,300,000 as 
     proposed by the Senate.
       The conferees agree that the nonproliferation and 
     verification research and development program currently 
     executed at the nuclear weapons laboratories looks much like 
     a static, generally unfocussed, level of effort research 
     program. The conferees direct the Department to initite an 
     external review of the projects being conducted, their 
     progress to date, and their value to the overall needs of the 
     program.
       The conferees have deleted the bill language included by 
     the Senate for the Initiatives for Proliferation Prevention 
     (IPP) program and the nuclear cities initiative. However, 
     from within available funds and prior year balances, the 
     conference agreement includes $25,000,000 for IPP and 
     $15,000,000 for the nuclear cities initiative.
       The conference agreement includes an additional $1,000,000 
     for a study of the vulnerabilities of security equipment; 
     $2,000,000 for the procurement of safety locks to meet 
     Federal specifications; and $500,000 for the continued 
     development of the Raman spectroscopy technology.
       No funds have been provided for development of the 
     dielectric wall accelerator technology or for assistance to 
     the Russian nuclear weapons dismantlement program to develop 
     an emergency response capability.
       Counterintelligence.--The conference agreement includes a 
     total of $15,641,000 to support the Department's new 
     counterintelligence program. This is an increase of 
     $8,000,000 over the budget request. Needs in excess of this 
     amount have been identified for computer security activities, 
     but the conferees believe the Department should look to 
     currently available computer resources to see if funds can be 
     reallocated to these higher priority activities. If not, the 
     Department should submit a reprogramming or supplemental 
     budget request for fiscal year 1999.
       Program direction.--The conference agreement provides 
     $86,900,000 for the program direction account. Reductions 
     should be applied to the use of management and administration 
     support service contractors throughout the organization and 
     lower priority activities. None of these funds may be used to 
     support the employees transferred from the Nuclear Energy 
     office in fiscal year 1999. All funding for these employees 
     has been provided in the Nuclear Energy program direction 
     account.
       The conference agreement includes $600,000 for operation of 
     the Department of Energy's

[[Page H8907]]

     Moscow office. Collaborative efforts between the Department 
     of Energy and the Russian Ministry of Atomic Energy on 
     implementation of the Highly Enriched Uranium Agreement, 
     plutonium disposition, and weapons dismantlement is one of 
     the Department's highest priorities, and that effort should 
     receive the full administrative support of the Department.


                ENVIRONMENT, SAFETY AND HEALTH (DEFENSE)

       The conference agreement provides $91,500,000 for defense-
     related environment, safety and health activities instead of 
     $94,000,000 as proposed by the House and $89,000,000 as 
     proposed by the Senate. The reduction of $2,500,000 from the 
     budget request should be applied to the use of support 
     service contractors.
       The conferees have provided $53,456,000 for worker and 
     public health effects studies to be managed by the Office of 
     Environment, Safety, and Health. This amount includes the 
     budget request of $41,456,000 in this account and $12,000,000 
     in the Defense Environmental Management program. The 
     conferees agree that all funding for Health and Human 
     Services (HHS) managed studies, either through the Center for 
     Disease Control and Prevention or the Agency for Toxic 
     Substances and Disease Registry shall be incorporated into a 
     single memorandum of understanding with HHS, and that DOE and 
     HHS will prepare a consolidated and coherent strategy which 
     includes a public health agenda for each DOE site. The 
     agencies are directed to report to the Committees on 
     Appropriations on the status of the implementation of the 
     public health agenda by December 31, 1998. The final public 
     health agenda for each site shall be provided to the 
     Committees no later than September 30, 1999. The conferees 
     strongly endorse the concept of peer-reviewed health effects 
     studies, and direct that all DOE-funded health studies shall 
     be independently peer-reviewed, and consistent with the 
     public health agenda for each site.


                    WORKER AND COMMUNITY TRANSITION

       The conference agreement provides $29,900,000 for the 
     worker and community transition program instead of 
     $29,800,000 as proposed by the House and $40,000,000 as 
     proposed by the Senate. Since there are no significant 
     program funding decreases in the Department of Energy in 
     fiscal year 1999, the conferees have reduced the funding 
     allocated for enhanced severance benefits and local 
     assistance grants. The conferees direct that no other 
     Departmental funds be used to provide enhanced severance 
     payments and other benefits under the provisions of Section 
     3161 of the National Defense Authorization Act of Fiscal Year 
     1993.
       The conferees direct that none of the funds provided for 
     this program be used for additional severance payments and 
     benefits for Federal employees of the Department of Energy. 
     Federal employees are covered by a multitude of laws which 
     control employee benefits and protections during the 
     downsizing of Federal agencies.


                     FISSILE MATERIALS DISPOSITION

       The conference agreement provides the budget request of 
     $168,960,000 for fissile materials disposition, but 
     reallocates $5,000,000 from the pit disassembly and 
     conversion facility project to operating expenses.
       The conferees have not included the bill language proposed 
     by the Senate earmarking $5,000,000 for a joint U.S.-Russian 
     development program of advanced reactor technology to 
     dispose of Russian excess weapons-derived plutonium. 
     However, the conference agreement includes $5,000,000 for 
     the joint U.S.-Russian development of gas reactor 
     technology to dispose of excess weapons-derived plutonium. 
     Of this funding, $2,000,000 is available for work to be 
     performed in the United States by the Department of Energy 
     and other U.S. contractors, and $3,000,000 is to be 
     expended for work in Russia. The $3,000,000 shall be made 
     available for work in Russia on the gas reactor technology 
     on the condition and only to the extent that the Russian 
     Federation matches these contributions with either 
     comparable funding or contributions-in-kind.
       The conferees have provided funds for this program in part 
     because of the possibility that other countries will 
     contribute to this effort. The conferees expect the 
     Department and U.S. contractors to make every effort to gain 
     commitments from other countries in this regard, and to seek 
     private sector funding for continued future funding of this 
     effort. Future support for this effort is contingent upon 
     agreement on a U.S.-Russian agreement on the disposition of 
     excess weapons-derived plutonium. The Department should 
     report to the House and Senate Committees on Appropriations 
     at the end of fiscal year 1999 on the progress which has been 
     made in this program, the status of the matching funds or in-
     kind contributions from the Russian Federation and other 
     countries, and the success of efforts to procure private 
     sector funding for this effort.
       The conferees have deleted bill language proposed by the 
     Senate which limited the design and procurement activities 
     for the mixed oxide fuel fabrication facility. The Department 
     of Energy should proceed with preparations for plutonium 
     disposition to include the design and licensing of key 
     disposition facilities as well as qualification of mixed 
     oxide fuel. The United States, however, should not proceed 
     unilaterally to dispose of excess plutonium without parallel 
     progress on the Russian side. No funds have been provided to 
     initiate actual construction of plutonium disposition 
     facilities without such an agreement.


                        NUCLEAR ENERGY (DEFENSE)

       Due to severe funding constraints, the conference agreement 
     provides $30,000,000 for the international nuclear safety 
     program to improve the safety of Soviet-designed nuclear 
     reactors, a decrease of $5,000,000 from the budget request.


           NATIONAL SECURITY PROGRAMS ADMINISTRATIVE SUPPORT

       The conference agreement provides $37,627,000 for national 
     security programs administrative support instead of 
     $75,000,000 as proposed by the House and no funding as 
     proposed by the Senate.


                             NAVAL REACTORS

       The conference agreement provides $670,189,000, instead of 
     $681,500,000 as proposed by the House and $665,500,000 as 
     proposed by the Senate. An additional $4,689,000 over the 
     budget request has been provided to continue test reactor 
     inactivation efforts and environmental cleanup activities.


                     Defense Nuclear Waste Disposal

       The conference agreement provides $189,000,000 instead of 
     $190,000,000 as proposed by the House and $185,000,000 as 
     proposed by the Senate. Funding proposed by the Senate for 
     the accelerator transmutation of waste program has been 
     included in the non-defense portion of this bill.

                    POWER MARKETING ADMINISTRATIONS


                      Alaska Power Administration

       The conference agreement does not include additional 
     funding for the Alaska Power Administration as proposed by 
     the House instead of $5,000,000 as proposed by the Senate. 
     Unobligated balances of the Alaska Power Administration shall 
     be available to pay any remaining obligations of the 
     Administration. The conferees encourage the Department to 
     reprogram any further unobligated balances.
       The managers expect more than just a perfunctory report to 
     Congress on the asset sales. Basic factual information should 
     include: final sales price, terms of the sale, and 
     identification of assets sold, as well as copies of primary 
     sales documents. In addition, the report should include 
     information on unexpected problems encountered and how those 
     problems were resolved, lessons learned that could have 
     improved the asset sales process, and any information that 
     might be relevant to similar asset sales. The managers expect 
     to receive the report prior to the end of fiscal year 1999, 
     as stipulated in the authorizing legislation.

                    Bonneville Power Administration

       The conferees take no position on the extension of the 
     current levels of funding for mitigation of fish and wildlife 
     impacts. The conference agreement does not include language 
     proposed by the Senate pertaining to the authority of the 
     Administrator to sell Federal power to an entity formed by 
     existing regional public body and cooperative customers of 
     Bonneville.
       Independent Scientific Review Panel.--The conferees 
     recommend that, with regard to Columbia Basin fish and 
     wildlife projects, programs, or measures proposed in a 
     Federal agency budget to be reimbursed by the Bonneville 
     Power Administration, the Independent Scientific Review Panel 
     should annually review such proposals, determine whether the 
     proposals are consistent with the criteria in Section 
     4(h)(10)(D) of the Pacific Northwest Electric Power Planning 
     and Conservation Act, make any recommendations that the Panel 
     considers appropriate to make the project, program, or 
     measure meet the criteria in that Section, and transmit the 
     recommendations to the Northwest Power Planning Council no 
     later than April 1 of each year. These Panel recommendations 
     should be available to the public and should be subject to 
     public comment.
       The conferees further recommend that the Panel 
     recommendations should be fully considered by the Northwest 
     Power Planning Council when making its final recommendations 
     of projects proposed by Federal agencies and reimbursed by 
     the Bonneville Power Administration.
       The conferees direct the Panel to submit its 
     recommendations to the House and Senate Committees on 
     Appropriations and relevant authorizing Committees no later 
     than May 15 of each year. If the Northwest Power Planning 
     Council does not incorporate a recommendation of the Panel in 
     its recommendations, the Council should explain in writing 
     its reasons for not accepting Panel recommendations.

                   Southeastern Power Administration

       The conference agreement includes $7,500,000, a reduction 
     of $1,000,000 from the amount provided by the House and 
     Senate. The conferees have recently been made aware of an 
     additional $1,500,000 that will be available in fiscal year 
     1999 from funds carried over from fiscal year 1998.

                   Southwestern Power Administration

       The conference agreement includes $26,000,000, as proposed 
     by the Senate instead of $24,710,000 as proposed by the 
     House.

                   Western Area Power Administration

       The conference agreement includes $203,000,000, instead of 
     $205,000,000 as provided by the House or $212,018,000 as 
     provided by the Senate.

                        Falcon and Amistad Fund

       The conference agreement includes $1,010,000, the same 
     amount recommended by the Senate instead of $970,000 as 
     provided by the House.

[[Page H8908]]

                  Federal Energy Regulatory Commission

       The conference agreement includes $167,500,000 instead of 
     $166,500,000 as recommended by the House or $168,898,000 as 
     recommended by the Senate. The conferees have provided the 
     Commission with an increase of $5,359,000 over the current 
     fiscal year.

                           GENERAL PROVISIONS

                          Department of Energy

       Sec. 301. The conference agreement includes a provision 
     proposed by the House and Senate that none of the funds may 
     be used to award a management and operating contract unless 
     such contract is awarded using competitive procedures, or the 
     Secretary of Energy grants, on a case-by-case basis, a waiver 
     to allow for such a deviation. At least 60 days before such 
     action, the Secretary of Energy must submit to the House and 
     Senate Committees on Appropriations a report notifying the 
     Committees of the waiver and setting forth the reasons for 
     the waiver. Section 301 does not preclude extension of a 
     contract awarded using competitive procedures.
       Sec. 302. The conference agreement includes a provision 
     proposed by the House and Senate that none of the funds may 
     be used to award, amend, or modify a contract in a manner 
     that deviates from the Federal Acquisition Regulation, unless 
     the Secretary of Energy grants, on a case-by-case basis, a 
     waiver to allow for such a deviation. At least 60 days before 
     such action, the Secretary of Energy must submit to the House 
     and Senate Committees on Appropriations a report notifying 
     the Committees of the waiver and setting forth the reasons 
     for the waiver.
       Sec. 303. The conference agreement includes a provision 
     proposed by the House and Senate that none of the funds may 
     be used to prepare or implement workforce restructuring plans 
     or provide enhanced severance payments and other benefits and 
     community assistance grants for Federal employees of the 
     Department of Energy under section 3161 of the National 
     Defense Authorization Act of Fiscal Year 1993, Public Law 
     102-484.
       Sec. 304. The conference agreement includes a provision 
     proposed by the House and Senate that none of the funds may 
     be used to augment the $29,900,000 made available for 
     obligation for severance payments and other benefits and 
     community assistance grants authorized under the provisions 
     of section 3161 of the National Defense Authorization Act of 
     Fiscal Year 1993, Public Law 102-484.
       Sec. 305. The conference agreement includes a provision 
     proposed by the House and Senate that none of the funds may 
     be used to prepare or initiate Requests for Proposals for a 
     program if the program has not been funded by Congress in the 
     current fiscal year. This provision precludes the Department 
     from initiating activities for new programs which have been 
     proposed in the budget request, but which have not yet been 
     funded by Congress.
       Sec. 306. The conference agreement includes a provision 
     proposed by the House and Senate that permits the transfer 
     and merger of unexpended balances of prior appropriations 
     with appropriation accounts established in this bill.
       Sec. 307. The conference agreement includes a provision 
     allowing the Secretary of Energy to enter into multiyear 
     contracts without obligating the estimated costs associated 
     with any necessary cancellation or termination of the 
     contract. This provides the Department of Energy with the 
     same flexibility provided to the Department of Defense.
       Sec. 308. The conference agreement modifies language 
     proposed by the Senate that limited the types of waste that 
     could be disposed of in the Waste Isolation Pilot Plant in 
     New Mexico. None of the funds may be used to dispose of 
     transuranic waste in excess of 20 percent plutonium by weight 
     for the aggregate of any material category. At the Rocky 
     Flats site, this provision applies to the five material 
     categories addressed in the ``Final Environmental Impact 
     Statement on Management of Certain Plutonium Residues on 
     Scrub Alloy Stored at the Rocky Flats Environmental 
     Technology Site'', Table S-2, Notice of Intent Categories.
       Sec. 309. The conference agreement modifies language 
     proposed by the Senate changing the name of the Office of 
     Energy Research. The name of the office has been changed to 
     ``Science'' instead of ``Science Research'' as proposed by 
     the Senate.
       Sec. 310. The conference agreement modifies language 
     proposed by the Senate pertaining to maintenance of security 
     at the DOE uranium enrichment plants. Costs of implementing 
     this provision will be allocated between the Department of 
     Energy and the United States Enrichment Corporation.
       Sec. 311. The conference agreement modifies language 
     proposed by the House in title V and requires the Department 
     of Energy to include all appropriate regulatory entities when 
     conducting pilot projects to simulate external regulation at 
     Departmental facilities.
       The Department is directed not to initiate any pilot 
     projects to simulate external regulation of Departmental 
     facilities which do not include the Nuclear Regulatory 
     Commission (NRC), the Occupational Safety and Health 
     Administration (OSHA), and the appropriate State and local 
     entities. The Department has been conducting pilot projects 
     to simulate the external regulation of its facilities. 
     However, the pilot projects to date have included only the 
     NRC, and not OSHA, or the appropriate State and 
     local regulatory entities which could also have oversight 
     of worker safety and health at Departmental facilities. 
     The Department has touted its successful pilot project at 
     the Lawrence Berkeley National Laboratory, but the pilot 
     project was completely inadequate because it did not 
     include the participation of OSHA or State and local 
     entities. Thus, the pilot project failed to address many 
     of the issues involving the interactions among all of 
     these entities and the Department of Energy. Obvious 
     questions were left unanswered in the pilot project.
       The conferees direct the Department to address all of the 
     issues involving OSHA and State and local regulation of 
     worker safety and health at the Lawrence Berkeley National 
     Laboratory in conjunction with NRC regulation. The Department 
     should provide a report to the Committees on Appropriations 
     by March 31, 1999, on the results of the comprehensive pilot 
     project. Additionally, the Department is directed to initiate 
     in fiscal year 1999 a pilot project for a multi-program non-
     defense laboratory such as Argonne National Laboratory or 
     Brookhaven National Laboratory which includes a large 
     accelerator project. The Department should not conduct 
     simulations of external regulation at sites with weapons 
     activities responsibilities.
       Sec. 312. The conference agreement includes a provision 
     delaying until September 30, 1999, the obligation of 
     $57,000,000 in the Atomic Energy Defense Activities, Weapons 
     Activities appropriation account.
     Provisions not adopted by the conferees
       The conference agreement deletes language proposed by the 
     House limiting the ability of Department of Energy facilities 
     and laboratories to compete with the private sector. This 
     provision has been addressed in report language.
       The conference agreement deletes language proposed by the 
     House limiting economic assistance payments to the State of 
     New Mexico until the Waste Isolation Pilot Plant commences 
     disposal operations.
       The conference agreement deletes language proposed by the 
     Senate permitting the Bonneville Power Administration to sell 
     at wholesale rates to joint operating entities.
       The conference agreement deletes language proposed by the 
     Senate providing offsetting funding reductions in various 
     appropriation accounts.

                       Conference Recommendations

       The conference agreement's detailed funding recommendations 
     for programs in title III are contained in the following 
     table.

[[Page H8909]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.048
     


[[Page H8910]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.049
     


[[Page H8911]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.050
     


[[Page H8912]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.051
     


[[Page H8913]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.052
     


[[Page H8914]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.053
     


[[Page H8915]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.054
     


[[Page H8916]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.055
     


[[Page H8917]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.056
     


[[Page H8918]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.057
     


[[Page H8919]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.058
     


[[Page H8920]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.059
     


[[Page H8921]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.061
     


[[Page H8922]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.062
     


[[Page H8923]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.063
     


[[Page H8924]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.064
     


[[Page H8925]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.065
     


[[Page H8926]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.066
     


[[Page H8927]]

     [GRAPHIC] [TIFF OMITTED] TH25SE98.067
     


[[Page H8928]]

                                TITLE IV

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

       The conference agreement includes $66,400,000 for the 
     Appalachian Regional Commission instead of $65,900,000 as 
     proposed by the House and $67,000,000 as proposed by the 
     Senate.

                           Denali Commission

       The conference agreement includes language proposed by the 
     Senate appropriating $20,000,000 for the Denali Commission, 
     amended to subject the appropriation to authorization enacted 
     by law.

                Defense Nuclear Facilities Safety Board

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

                     Nuclear Regulatory Commission


                         Salaries and Expenses

       The conference agreement includes $465,000,000 instead of 
     $462,700,000 as recommended by the House or $466,000,000 as 
     recommended by the Senate. The conferees have provided 
     $17,000,000, to be derived from the Nuclear Waste Fund, for 
     the Commission's ongoing work to characterize Yucca Mountain 
     as a potential site for a permanent nuclear waste repository. 
     The conference agreement also includes $3,200,000 for 
     regulatory reviews and other assistance provided to the 
     Department of Energy.
       The conferees concur with the concerns raised by both the 
     House and Senate with regard to the Nuclear Regulatory 
     Commission and have provided the Commission with buyout 
     authority.


                    Office of the Inspector General

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

                  Nuclear Waste Technical Review Board

       The conference agreement appropriates $2,600,000 as 
     proposed by the House and Senate.

                       Tennessee Valley Authority

       The conference agreement deletes language proposed by the 
     Senate appropriating $70,000,000 for the Tennessee Valley 
     Authority.
       No funding is provided for Land Between the Lakes.
       If the Chairman of the Tennessee Valley Authority Board of 
     Directors determines and certifies in writing to the Congress 
     and the Director of the Office of Management and Budget that 
     the elimination of appropriated funds is the primary reason 
     which would cause the TVA Board to increase power rates, the 
     Chairman of the Tennessee Valley Authority, the Secretary of 
     the Army, and the Director of the Office of Management and 
     Budget shall jointly submit to Congress a report with 
     recommendations regarding whether a transfer of Federal 
     stewardship responsibilities along the Tennessee River to the 
     U.S. Army Corps of Engineers would be in the best interest of 
     Tennessee Valley ratepayers by preventing or mitigating the 
     need for such a rate increase, and if so, shall submit a 
     legislative proposal to transfer these functions to the U.S. 
     Army Corps of Engineers. This report shall be submitted at 
     least six months prior to the institution of the proposed 
     rate increase.
       The conferees acknowledge TVA's traditional role in 
     controlling aquatic vegetation growth along the Tennessee 
     River and its tributaries. Accordingly, the conferees urge 
     TVA to continue these efforts in Jackson County and Marshall 
     County, Alabama with internally generated revenues.

                                TITLE V

                           GENERAL PROVISIONS

       Sec. 501. The conference agreement includes a provision 
     proposed by both the House and Senate directing that none of 
     the funds in this Act or any prior appropriations Act may be 
     used in any way, directly or indirectly, to influence 
     congressional action on any legislation or appropriation 
     matters pending before Congress, other than to communicate to 
     Members of Congress as described in section 1913 of title 18, 
     United States Code.
       Sec. 502. The conference agreement includes language 
     proposed by both the House and Senate regarding the purchase 
     of American-made equipment and products, and prohibiting 
     contracts with persons falsely labeling products as made in 
     America.
       Sec. 503. The conference agreement includes language 
     proposed by both the House and Senate which provides that 
     none of the funds made available by this Act may be used to 
     determine the final point of discharge for the interceptor 
     drain for the San Luis Unit of the Central Valley Project 
     until development by the Secretary of the Interior and the 
     State of California of a plan, which shall conform to the 
     water quality standards of the State of California as 
     approved by the Administrator of the Environmental Protection 
     Agency, to minimize any detrimental effect of the San Luis 
     drainage waters. The language also provides that the costs of 
     the Kesterson Reservoir Cleanup Program and the San Joaquin 
     Valley Drainage Program shall be classified as reimbursable 
     or non-reimbursable by the Secretary of the Interior as 
     described in the Bureau of Reclamation report entitled, 
     ``Repayment Report, Kesterson Reservoir Cleanup Program and 
     San Joaquin Valley Drainage Program, February 1995'' and that 
     any future obligation of funds for drainage service or 
     drainage studies for the San Luis Unit shall be fully 
     reimbursable by San Luis Unit beneficiaries pursuant to 
     Reclamation law.
       Sec. 504. The conference agreement includes a provision 
     proposed by both the House and Senate prohibiting the restart 
     of the High Flux Beam Reactor.
       Sec. 505. The conference agreement includes a provision 
     proposed by both the House and Senate providing a one-year 
     extension of the authority of the Nuclear Regulatory 
     Commission to collect fees and charges to offset appropriated 
     funds.
       Sec. 506. The conference agreement includes language 
     proposed by the House providing permanent authority for the 
     Nuclear Regulatory Commission (NRC) to expend funds for 
     various purposes for which the Committees on Appropriations 
     have been providing annual authorization. The conference 
     agreement also includes buyout authority for NRC employees 
     through December 31, 2000.
       Sec. 507. The conference agreement includes language 
     transferring funds between two accounts in the District of 
     Columbia Appropriations Act, 1998.
       The National Capitol Revitalization and Self-Government 
     Improvement Act of 1997 (Public Law 105-33), enacted as part 
     of the Balanced Budget Act of 1997, called for the Federal 
     government to assume responsibility for financing the 
     District of Columbia Courts and the newly created trustees 
     for offender supervision and corrections. In order to 
     facilitate transition to these new responsibilities, the 
     District of Columbia Appropriations Act for fiscal year 1998 
     (Public Law 105-100) provided the requested $108,000,000 to 
     finance Court operations and the requested $20,000,000 to the 
     new District of Columbia Offender Supervision, Defender and 
     Court Services Agency to finance the adult probation function 
     which was transferred from the Courts.
       The conferees understand that the District of Columbia 
     Courts have deferred paying court-appointed attorneys for 
     services rendered because of a shortage of funds. The 
     conferees have approved a transfer of $1,700,000 from the 
     District of Columbia Offender Services Trustee to the 
     District of Columbia Courts. The transferred funds are to be 
     used solely for the purpose of reimbursing court-appointed 
     attorneys, in addition to any other funds for that purpose 
     currently available or which may become available at a later 
     date.
       Sec. 508. The conference agreement includes language 
     designating the wetlands located in Yolo County, California, 
     and known as the Yolo Basin Wetlands, as the ``Vic Fazio Yolo 
     Wildlife Area.''
       Sec. 509. The conference agreement includes language 
     dedicating to United States Senator Dale Bumpers nine areas 
     in the State of Arkansas' National Wilderness Preservation 
     System, and renaming the Arkansas Wilderness Act of 1984 as 
     the ``Dale Bumpers Wilderness Resources Protection Act.''
     Provisions not adopted by the conferees
       The conference agreement deletes language proposed by the 
     Senate prohibiting the award of funds to institutions not in 
     compliance with certain requirements regarding campus access 
     for units of the Senior Reserve Officer Training Corps and 
     Federal military recruitment personnel.
       The conference agreement deletes language proposed by the 
     Senate prohibiting the use of funds to enter into or renew 
     contracts with entities failing to comply with statutory 
     reporting requirements concerning the employment of certain 
     veterans.
       The conference agreement deletes language proposed by the 
     Senate pertaining to the Animas-La Plata project in Colorado 
     and New Mexico.
       The conference agreement deletes language proposed by the 
     House repealing section 505 of Public Law 102-377, the Fiscal 
     Year 1993 Energy and Water Development Appropriations Act, 
     and section 208 of Public Law 99-349, the Urgent Supplemental 
     Appropriations Act, 1986.
       The conference agreement deletes a provision proposed by 
     the House implementing external regulation of environment, 
     safety and health activities at the Lawrence Berkeley 
     National Laboratory. A provision requiring the Department to 
     include all appropriate regulatory entities when conducting 
     pilot projects to simulate external regulation at 
     Departmental facilities has been included in title III.

                                TITLE VI

                           DENALI COMMISSION

       The conference agreement deletes language proposed by the 
     Senate establishing and authorizing the Denali Commission.

                   Conference Total--With Comparisons

       The total new budget (obligational) authority for the 
     fiscal year 1999 recommended by the Committee of Conference, 
     with comparisons to the fiscal year 1998 amount, the 1999 
     budget estimates, and the House and Senate bills for 1999 
     follow:

New budget (obligational) authority, fiscal year 1998...$21,261,907,000
Budget estimates of new (obligational) authority, fiscal 21,720,462,000
House bill, fiscal year 1999.............................21,077,465,000
Senate bill, fiscal year 1999............................21,373,861,000
Conference agreement, fiscal year 1999...................21,332,135,000

[[Page H8929]]

Conference agreement compared with:
  New budget (obligational) authority, fiscal year 1998.....+70,228,000
  Budget estimates of new (obligational) authority, fiscal -388,327,000
  House bill, fiscal year 1999.............................+254,670,000
  Senate bill, fiscal year 1999.............................-41,726,000
     Joseph McDade,
     Harold Rogers,
     Joe Knollenberg,
     Rod Frelinghuysen,
     Mike Parker,
     Sonny Callahan,
     Jay Dickey,
     Bob Livingston,
     Vic Fazio,
     Peter J. Visclosky,
     Chet Edwards,
     Ed Pastor,
     David Obey,
                                Managers on the Part of the House.

     Pete Domenici,
     Thad Cochran,
     Slade Gorton,
     Mitch McConnell,
     R.F. Bennett,
     Conrad Burns,
     Larry Craig,
     Ted Stevens,
     Harry Reid,
     Robert Byrd,
     Fritz Hollings,
     Patty Murray,
     Herb Kohl,
     Byron L. Dorgan,
     Daniel Inouye,
     Managers on the Part of the Senate.

                          ____________________