[105th Congress Public Law 245]
[From the U.S. Government Printing Office]


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[DOCID: f:publ245.105]


[[Page 1837]]

          ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 1999

[[Page 112 STAT. 1838]]

Public Law 105-245
105th Congress

                                 An Act


 
 Making appropriations for energy and water development for the fiscal 
year ending September 30, 1999, and for other purposes. <<NOTE: Oct. 7, 
                         1998 -  [H.R. 4060]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Energy and Water 
Development Appropriations Act, 1999.>>  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;

[[Page 112 STAT. 1839]]

            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:

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;

[[Page 112 STAT. 1840]]

            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,

[[Page 112 STAT. 1841]]

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

[[Page 112 STAT. 1842]]

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, 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.

[[Page 112 STAT. 1843]]

             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 United States 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 United States 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 
CFR, 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 United States 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.

[[Page 112 STAT. 1844]]

                             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 (GAO) headquarters building in Washington, D.C., 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

[[Page 112 STAT. 1845]]

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.

[[Page 112 STAT. 1846]]

               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 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.

[[Page 112 STAT. 1847]]

                        administrative provision

    Appropriations for the Bureau of Reclamation shall be available for 
purchase of not to exceed 6 passenger motor vehicles for replacement 
only.

                                TITLE III

                          DEPARTMENT OF ENERGY

                             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,

[[Page 112 STAT. 1848]]

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, <<NOTE: Certification.>>  That within 
90 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

[[Page 112 STAT. 1849]]

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 1 fixed wing aircraft; and the purchase of passenger motor 
vehicles (not to exceed 32 for replacement only, and 1 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

[[Page 112 STAT. 1850]]

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.

                     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

[[Page 112 STAT. 1851]]

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 <<NOTE: 42 USC 7171 note.>>  
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.

[[Page 112 STAT. 1852]]

    (b) <<NOTE: Reports.>>  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) <<NOTE: Reports.>>  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. 254c(a), the Secretary of Energy 
may use funds appropriated by this Act to enter into multi-year 
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

[[Page 112 STAT. 1853]]

            (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

[[Page 112 STAT. 1854]]

                      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 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 <<NOTE: 40 USC app. 401 note.>>  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.

[[Page 112 STAT. 1855]]

                      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.

[[Page 112 STAT. 1856]]

     (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. <<NOTE: 42 USC 5852.>>  (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.

[[Page 112 STAT. 1857]]

    (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) <<NOTE: Applicability.>>  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 a 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 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.

[[Page 112 STAT. 1858]]

    ``(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) <<NOTE: Deadline.>>  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''.

    Approved October 7, 1998.

LEGISLATIVE HISTORY--H.R. 4060 (S. 2138):
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 105-581 (Comm. on Appropriations) and 105-749 (Comm. 
of Conference).
SENATE REPORTS: No. 105-206 accompanying S. 2138 (Comm. on 
Appropriations).
CONGRESSIONAL RECORD, Vol. 144 (1998):
            June 22, considered and passed House.
            June 23, considered and passed Senate, amended.
            Sept. 28, House agreed to conference report.
            Sept. 29, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 34 (1998):
            Oct. 7, Presidential statement.

                                  <all>