[105th Congress Public Law 62]
[From the U.S. Government Printing Office]
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[DOCID: f:publ62.105]
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ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 1998
[[Page 111 STAT. 1320]]
Public Law 105-62
105th Congress
An Act
Making appropriations for energy and water development for the fiscal
year ending September 30, 1998, and for other purposes. <<NOTE: Oct. 13,
1997 - [H.R. 2203]>>
Be it enacted by the Senate and House of Representatives of the
United States <<NOTE: Energy and Water Development Appropriations Act,
1998.>> of America in Congress assembled, That the following sums are
appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 1998, for energy
and water development, and for other purposes, namely:
TITLE I
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the
direction of the Secretary of the Army and the supervision of the Chief
of Engineers for authorized civil functions of the Department of the
Army pertaining to rivers and harbors, flood control, beach erosion, and
related purposes.
general investigations
For expenses necessary for the collection and study of basic
information pertaining to river and harbor, flood control, shore
protection, and related projects, restudy of authorized projects,
miscellaneous investigations, and, when authorized by laws, surveys and
detailed studies and plans and specifications of projects prior to
construction, $156,804,000, to remain available until expended, of which
funds are provided for the following projects in the amounts specified:
Delaware Bay Coastline, Delaware and New Jersey, $456,000;
Tampa Harbor, Alafia Channel, Florida, $270,000;
Laulaulei, Hawaii, $200,000;
Barnegat Inlet to Little Egg Harbor Inlet, New Jersey,
$400,000;
Brigantine Inlet to Great Egg Harbor Inlet, New Jersey,
$472,000;
Great Egg Harbor Inlet to Townsends Inlet, New Jersey,
$400,000;
[[Page 111 STAT. 1321]]
Lower Cape May Meadows--Cape May Point, New Jersey,
$154,000;
Manasquan Inlet to Barnegat Inlet, New Jersey, $400,000;
Raritan Bay to Sandy Hook Bay (Cliffwood Beach), New Jersey,
$300,000;
Townsends Inlet to Cape May Inlet, New Jersey, $500,000; and
Monongahela River, Fairmont, West Virginia, $350,000:
Provided, That the Secretary of the Army, acting through the Chief of
Engineers, is directed to use $600,000 of the funds appropriated in
Public Law 102-377 for the Red River Waterway, Shreveport, Louisiana, to
Daingerfield, Texas, project for the feasibility phase of the Red River
Navigation, Southwest Arkansas, study: Provided further, That the
Secretary of the Army, acting through the Chief of Engineers, is
directed to use $470,000 of the funds appropriated herein to initiate
the feasibility phase for the Metropolitan
Louisville, Southwest, Kentucky, study: Provided further, That the
Secretary of the Army is directed to use $500,000 of the funds
appropriated herein to implement section 211(f)(7) of Public Law 104-303
(110 Stat. 3684) and to reimburse the non-Federal sponsor a portion of
the Federal share of project costs for the Hunting Bayou element of the
project for flood control, Buffalo Bayou and tributaries, Texas:
Provided further, That the Secretary of the Army is directed to use
$150,000 of the funds appropriated herein to implement section 211(f)(8)
of Public Law 104-303 (110 Stat. 3684) and to reimburse the non-Federal
sponsor a portion of the Federal share of project costs for the project
for flood control, White Oak Bayou watershed, Texas.
construction, general
For the prosecution of river and harbor, flood control, shore
protection, and related projects authorized by laws; and detailed
studies, and plans and specifications, of projects (including those for
development with participation or under consideration for participation
by States, local governments, or private groups) authorized or made
eligible for selection by law (but such studies shall not constitute a
commitment of the Government to construction), $1,473,373,000, to remain
available until expended, of which such sums as are necessary pursuant
to Public Law 99-662 shall be derived from the Inland Waterways Trust
Fund, for one-half of the costs of construction and rehabilitation of
inland waterways projects, including rehabilitation costs for the Lock
and Dam 25, Mississippi River, Illinois and Missouri; Lock and Dam 14,
Mississippi River, Iowa; Lock and Dam 24, Mississippi River, Illinois
and Missouri; and Lock and Dam 3, Mississippi River, Minnesota,
projects, and of which funds are provided for the following projects in
the amounts specified:
Arkansas River, Tucker Creek, Arkansas, $300,000;
Norco Bluffs, California, $1,000,000;
San Timoteo Creek (Santa Ana River Mainstem),
California, $5,000,000;
Panama City Beaches, Florida, $5,000,000;
Tybee Island, Georgia, $2,000,000;
Indianapolis Central Waterfront, Indiana, $5,000,000;
Indiana Shoreline Erosion, Indiana, $3,000,000;
Lake George, Hobart, Indiana, $3,500,000;
Ohio River Flood Protection, Indiana, $1,300,000;
[[Page 111 STAT. 1322]]
Harlan, Williamsburg, and Middlesboro, Kentucky,
elements of the Levisa and Tug Forks of the Big Sandy River and
Upper Cumberland River, $26,390,000;
Martin County, Kentucky, element of the Levisa and Tug Forks
of the Big Sandy River and Upper Cumberland River, $5,000,000;
Pike County, Kentucky, element of the Levisa and Tug Forks
of the Big Sandy River and Upper Cumberland River, $5,300,000;
Town of Martin (Levisa and Tug Forks of the Big Sandy River
and Upper Cumberland River), Kentucky, $700,000;
Salyersville, Kentucky, $2,050,000;
Southern and Eastern Kentucky, Kentucky, $3,000,000;
Lake Pontchartrain and Vicinity (Hurricane Protection),
Louisiana, $22,920,000;
Lake Pontchartrain (Jefferson Parish) Stormwater
Discharge, Louisiana, $3,000,000;
Jackson County, Mississippi, $3,000,000;
Natchez Bluff, Mississippi, $4,000,000;
Pearl River, Mississippi (Walkiah Bluff), $2,000,000;
Joseph G. Minish Passaic River Park, New Jersey, $3,000,000;
Hudson River, Athens, New York, $8,700,000;
Lackawanna River, Olyphant, Pennsylvania, $1,400,000;
Lackawanna River, Scranton, Pennsylvania, $5,425,000;
Lycoming County, Pennsylvania, $339,000;
South Central Pennsylvania Environment Improvement Program,
$30,000,000, of which $10,000,000 shall be available only for
water-related environmental infrastructure and resource
protection and development projects in Lackawanna, Lycoming,
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, $9,200,000;
Virginia Beach, Virginia (Reimbursement), $925,000;
Virginia Beach, Virginia (Hurricane Protection),
$13,000,000;
West Virginia and Pennsylvania Flood Control, West
Virginia and Pennsylvania, $3,000,000;
Hatfield Bottom (Levisa and Tug Forks of the Big Sandy River
and Upper Cumberland River), West Virginia, $1,000,000;
Lower Mingo (Kermit) (Levisa and Tug Forks of the Big Sandy
River and Upper Cumberland River), West Virginia, $6,300,000;
Lower Mingo, West Virginia, Tributaries Supplement,
$150,000;
Upper Mingo County (Levisa and Tug Forks of the Big Sandy
River and Upper Cumberland River), West Virginia, $3,000,000;
Levisa Basin Flood Warning System (Levisa and Tug Forks of
the Big Sandy River and Upper Cumberland River),
Kentucky and Virginia, $400,000;
Tug Fork Basin Flood Warning System (Levisa and Tug Forks of
the Big Sandy River and Upper Cumberland River), West Virginia,
$400,000; and
[[Page 111 STAT. 1323]]
Wayne County (Levisa and Tug Forks of the Big Sandy River
and Upper Cumberland River), West Virginia, $1,200,000:
Provided, That the Secretary of the Army, acting through the Chief of
Engineers, is directed to proceed with design and construction of the
Southeast Louisiana, Louisiana, project and to award continuing
contracts, which are not to be considered fully funded, beginning in
fiscal year 1998 consistent with the limit of the authorized
appropriation ceiling: Provided further, That the Secretary of the Army,
acting through the Chief of Engineers, is directed to use $225,000 of
funds provided herein to construct necessary repairs to the flume and
conduit for flood control at the Hagerman's Run, Williamsport,
Pennsylvania, flood control project: Provided further, That the
Secretary of the Army is directed to incorporate the economic analyses
for the Green Ridge and Plot sections of the Lackawanna River, Scranton,
Pennsylvania, project with the economic analysis for the Albright Street
section of the project, and to cost-share and implement these combined
sections as a single project with no separable elements, except that
each section may be undertaken individually when the non-Federal sponsor
provides the applicable local cooperation requirements: Provided
further, That section 114 of Public Law 101-101, the Energy and Water
Development Appropriations Act, <<NOTE: 103 Stat. 651.>> 1990, is
amended by striking ``total cost of $19,600,000'' and inserting ``total
cost of $40,000,000'': Provided further, That the Secretary of the Army,
acting through the Chief of Engineers, is authorized and directed to
combine the Wilmington Harbor--Northeast Cape Fear River, North
Carolina, project authorized in section 202(a) of the Water Resources
Development Act of 1986, the Wilmington Harbor, Channel Widening, North
Carolina, project authorized in section 101(a)(23) of the Water
Resources Development Act of 1996, and the Cape Fear--Northeast (Cape
Fear) Rivers, North Carolina, project authorized in section 101(a)(22)
of the Water Resources Development Act of 1996 into a single project
with one Project Cooperation Agreement based on cost sharing as a single
project: Provided further, That the Secretary of the Army, acting
through the Chief of Engineers, is directed to use $20,000,000 of the
funds appropriated herein to initiate construction of the Houston-
Galveston Navigation Channels, Texas, project and execute a Project
Cooperation Agreement for the entire project authorized in the Water
Resources Development Act of 1996, Public Law 104-303: Provided further,
That the Secretary of the Army, acting through the Chief of Engineers,
may use up to $5,000,000 of the funding appropriated herein to initiate
construction of an emergency outlet from Devils Lake, North Dakota, to
the Sheyenne River, and that this amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(D)(i)); except that funds shall not become available unless
the Secretary of the Army determines that an emergency (as defined in
section 102 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122)) exists with respect to the emergency
need for the outlet and reports to Congress that the construction is
technically sound, economically justified, and environmentally
acceptable and in compliance with the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.): Provided further, That the economic
justification for the emergency outlet shall be prepared in accordance
with the principles and guidelines for economic evaluation as
[[Page 111 STAT. 1324]]
required by regulations and procedures of the Army Corps of
Engineers for all flood control projects, and that the economic
justification be fully described, including the analysis of the benefits
and costs, in the project plan documents: Provided further, That the
plans for the emergency outlet shall be reviewed and, to be effective,
shall contain assurances provided by the Secretary of State, after
consultation with the International Joint Commission, that the project
will not violate the requirements or intent of the Treaty Between the
United States and Great Britain Relating to Boundary Waters Between the
United States and Canada, signed at Washington January 11, 1909 (36
Stat. 2448; TS 548) (commonly known as the ``Boundary Waters Treaty of
1909''): Provided further, That the Secretary of the Army shall submit
the final plans and other documents for the emergency outlet to
Congress: Provided further, That no funds made available under this Act
or any other Act for any fiscal year may be used by the Secretary of the
Army to carry out the portion of the feasibility study of the Devils
Lake Basin, North Dakota, authorized under the Energy and Water
Development Appropriations Act, 1993 (Public Law 102-377), that
addresses the needs of the area for stabilized lake levels through inlet
controls, or to otherwise study any facility or carry out any activity
that would permit the transfer of water from the Missouri River Basin
into Devils Lake: Provided further, That the entire amount of $5,000,000
shall be available only to the extent an official budget request, that
includes the designation of the entire amount of the request as an
emergency requirement as defined by the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the President
to the Congress: Provided further, That the Secretary of the Army is
directed to use $2,000,000 of the funds appropriated herein to implement
section 211(f)(6) of Public Law 104-303 (110 Stat. 3683) and to
reimburse the non-Federal sponsor a portion of the Federal share of
project construction costs for the flood control components comprising
the Brays Bayou element of the project for flood control, Buffalo Bayou
and tributaries, Texas.
flood control, mississippi river and tributaries, arkansas,
illinois, kentucky, louisiana, mississippi, missouri, and
tennessee
For expenses necessary for prosecuting work of flood control, and
rescue work, repair, restoration, or maintenance of flood control
projects threatened or destroyed by flood, as authorized by law (33
U.S.C. 702a, 702g-1), $296,212,000, to remain available until expended:
Provided, That notwithstanding the funding limitations set forth in
Public Law 104-6 (109 Stat. 85), the Secretary of the Army, acting
through the Chief of Engineers, is authorized and directed to use
additional funds appropriated herein or previously appropriated to
complete remedial measures to prevent slope instability at Hickman
Bluff, Kentucky: Provided further, That, using funds appropriated in
this Act, the Secretary of the Army may construct the Ten and Fifteen
Mile Bayou channel enlargement as an integral part of the work
accomplished on the St. Francis Basin, Arkansas and Missouri Project,
authorized by the Flood Control Act of 1950: Provided further, That the
Secretary of the Army, acting through the Chief of Engineers, is
directed to use up to $4,000,000, including the $1,900,000 appropriated
herein, to dredge Sardis Lake, Mississippi, at 100 percent Federal
[[Page 111 STAT. 1325]]
cost, so that the City of Sardis, Mississippi, may proceed with its
development of the valuable resources of Sardis Lake in
Mississippi, consistent with language provided in House Report 104-679,
accompanying the Fiscal Year 1997 Energy and Water Development
Appropriations Act (Public Law 104-206): Provided further, That within
available funds, the Secretary of the Army, acting through the Chief of
Engineers, is directed to conduct, at 100 percent Federal cost, the
necessary Environmental Assessment and Impact Studies for the initial
components of Sardis Lake development as provided in the Sardis Lake
Recreation and Tourism Master Plan, Phase II.
operation and maintenance, general
For expenses necessary for the preservation, operation, maintenance,
and care of existing river and harbor, flood control, and related works,
including such sums as may be necessary for the maintenance of harbor
channels provided by a State, municipality or other public agency,
outside of harbor lines, and serving essential needs of general commerce
and navigation; surveys and charting of northern and northwestern lakes
and connecting waters; clearing and straightening channels; and removal
of obstructions to navigation, $1,740,025,000, to remain available until
expended, of which such sums as become available in the Harbor
Maintenance Trust Fund, pursuant to Public Law 99-662, may be derived
from that Fund, and of which such sums as become available from the
special account established by the Land and Water Conservation Act of
1965, as amended (16 U.S.C. 460l), may be derived from that Fund for
construction, operation, and maintenance of outdoor recreation
facilities, and of which funds are provided for the following projects
in the amounts specified:
Anclote River, Florida, $1,500,000;
Beverly Shores, Indiana, $1,700,000;
Boston Harbor, Massachusetts, $16,500,000;
Flint River, Michigan, $875,000; and
Raystown Lake, Pennsylvania, $4,690,000:
Provided, That the Secretary of the Army, acting through the Chief of
Engineers, is directed to use funds appropriated in Public Law 104-206
to reimburse the local sponsor of the Fort Myers Beach, Florida, project
for the maintenance dredging performed by the local sponsor to open the
authorized channel to navigation in fiscal year 1996: Provided further,
That no funds, whether appropriated, contributed, or otherwise provided,
shall be available to the United States Army Corps of Engineers for the
purpose of acquiring land in Jasper County, South Carolina, in
connection with the Savannah Harbor navigation project: Provided
further, That the Secretary of the Army, acting through the Chief of
Engineers, is authorized and directed to dredge a navigational channel
in the Chena River at Fairbanks, Alaska, from its confluence with the
Tanana River upstream to the University Road Bridge that will allow the
safe passage during normal water levels of vessels up to 350 feet in
length, 60 feet in width, and drafting up to 3 feet: Provided further,
That using $6,000,000 of funds appropriated herein, the Secretary of the
Army is directed to extend the navigation channel on the Allegheny
River, Pennsylvania, project to provide passenger boat access to the
Kittanning, Pennsylvania, Riverfront Park: Provided further, That the
Secretary of the Army, acting through the Chief of Engineers, is
directed to use $2,500,000 of the funds provided
[[Page 111 STAT. 1326]]
herein to implement measures upstream of Lake Cumberland,
Kentucky, to intercept and dispose of solid waste.
regulatory program
For expenses necessary for administration of laws pertaining to
regulation of navigable waters and wetlands, $106,000,000, to remain
available until expended.
flood control and coastal emergencies
For expenses necessary for emergency flood control, hurricane, and
shore protection activities, as authorized by section 5 of the Flood
Control Act approved August 18, 1941, as amended, $4,000,000, to remain
available until expended.
formerly utilized sites remedial action program
(including transfer of funds)
For expenses necessary to administer and execute the Formerly
Utilized Sites Remedial Action Program to clean up contaminated sites
throughout the United States where work was performed as part of the
Nation's early atomic energy program, $140,000,000, to remain available
until expended: Provided, That the unexpended balances of prior
appropriations provided for these activities in this Act or any previous
Energy and Water Development Appropriations Act may be transferred to
and merged with this appropriation account, and thereafter, may be
accounted for as one fund for the same time period as originally
enacted.
general expenses
For expenses necessary for general administration and related
functions in the Office of the Chief of Engineers and offices of the
Division Engineers; activities of the Coastal Engineering Research
Board, the Humphreys Engineer Center Support Activity, the Engineering
Strategic Studies Center, the Water Resources Support Center, and the
USACE Finance Center; and for costs of implementing the Secretary of the
Army's plan to reduce the number of division offices as directed in
title I, Public Law 104-206, $148,000,000, to remain available until
expended: Provided, That no part of any other appropriation provided in
title I of this Act shall be available to fund the activities of the
Office of the Chief of Engineers or the executive direction and
management activities of the division offices.
revolving fund
Amounts in the Revolving Fund may be used to construct a 17,000
square foot addition to the United States Army Corps of Engineers Alaska
District main office building on Elemendorf Air Force Base. The
Revolving Fund shall be reimbursed for such funding from the benefitting
appropriations by collection each year of user fees sufficient to repay
the capitalized cost of the asset and to operate and maintain the asset.
[[Page 111 STAT. 1327]]
administrative provision
Appropriations in this title shall be available for official
reception and representation expenses (not to exceed $5,000); and during
the current fiscal year the Revolving Fund, Corps of Engineers, shall be
available for purchase (not to exceed 100 for replacement only) and hire
of passenger motor vehicles.
GENERAL PROVISIONS
Corps of Engineers--Civil
Sec. 101. In fiscal year 1998, the Secretary of the Army is
authorized and directed to provide planning, design and construction
assistance to non-Federal interests in carrying out water-related
environmental infrastructure and environmental resources development
projects in Alaska, including assistance for wastewater treatment and
related facilities; water supply, storage, treatment and distribution
facilities; and development, restoration or improvement of wetlands and
other aquatic areas for the purpose of
protection or development of surface water resources: Provided, That the
non-Federal interest shall enter into a binding agreement with the
Secretary wherein the non-Federal interest will provide all lands,
easements, rights-of-way, relocations, and dredge material disposal
areas required for the project, and pay 50 per centum of the costs of
required feasibility studies, 25 per centum of the costs of designing
and constructing the project, and 100 per centum of the costs of
operation, maintenance, repair, replacement or rehabilitation of the
project: Provided further, That the value of lands, easements, rights-
of-way, relocations and dredged material disposal areas provided by the
non-Federal interest shall be credited toward the non-Federal share, not
to exceed 25 per centum, of the costs of designing and constructing the
project: Provided further, That utilizing $5,000,000 of the funds
appropriated herein, the Secretary is directed to carry out this
section.
Green Brook Sub-Basin Flood Control Project, New Jersey
Sec. 102. No funds made available under this Act or any other Act
for any fiscal year may be used by the Secretary of the Army to
construct the Oak Way detention structure or the Sky Top detention
structure in Berkeley Heights, New Jersey, as part of the project for
flood control, Green Brook Sub-Basin, Raritan River Basin, New Jersey,
authorized by section 401(a) of the Water Resources Development Act of
1986 (Public Law 99-662; 100 Stat. 4119).
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For carrying out activities authorized by the Central Utah Project
Completion Act, and for activities related to the Uintah and Upalco
Units authorized by 43 U.S.C. 620, $40,353,000, to
[[Page 111 STAT. 1328]]
remain available until expended, of which $16,610,000 shall be deposited
into the Utah Reclamation Mitigation and Conservation Account: Provided,
That of the amounts deposited into that account, $5,000,000 shall be
considered the Federal contribution authorized by paragraph 402(b)(2) of
the Central Utah Project Completion Act and $11,610,000 shall be
available to the Utah Reclamation Mitigation and Conservation Commission
to carry out activities authorized under that Act.
In addition, for necessary expenses incurred in carrying out related
responsibilities of the Secretary of the Interior, $800,000, to remain
available until expended.
Bureau of Reclamation
For carrying out the functions of the Bureau of Reclamation as
provided in the Federal reclamation laws (Act of June 17, 1902, 32 Stat.
388, and Acts amendatory thereof or supplementary thereto) and other
Acts applicable to that Bureau as follows:
water and related resources
(including transfer of funds)
For management, development, and restoration of water and related
natural resources and for related activities, including the operation,
maintenance and rehabilitation of reclamation and other facilities,
participation in fulfilling related Federal responsibilities to Native
Americans, and related grants to, and cooperative and other agreements
with, State and local governments, Indian tribes, and others,
$694,348,000, to remain available until expended, of which $18,758,000
shall be available for transfer to the Upper Colorado River Basin Fund
and $56,442,000 shall be available for transfer to the Lower Colorado
River Basin Development Fund, and of which such amounts as may be
necessary may be advanced to the Colorado River Dam Fund: Provided, That
such transfers may be increased or decreased within the overall
appropriation under this heading: Provided further, That of the total
appropriated, the amount for program activities that can be financed by
the Reclamation Fund or the Bureau of Reclamation special fee account
established by 16 U.S.C. 460l-6a(i) shall be derived from that Fund or
account: Provided further, That funds contributed under 43 U.S.C. 395
are available until expended for the purposes for which contributed:
Provided further, That funds advanced under 43 U.S.C. 397a shall be
credited to this account and are available until expended for the same
purposes as the sums appropriated under this heading: Provided further,
That any amounts provided for the safety of dams modification work at
Coolidge Dam, San Carlos Irrigation Project, Arizona, are in addition to
the amount authorized in 43 U.S.C. 509: Provided further, That using
$500,000 of funds appropriated herein, the Secretary of the Interior
shall undertake a non-reimbursable project to install drains in the Pena
Blanca area of New Mexico to prevent seepage from Cochiti Dam: Provided
further, That funds available for expenditure for the 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-
[[Page 111 STAT. 1329]]
294 and section 1701(b) of Public Law 102-575, is increased by
$1,300,000 (October 1997 prices): Provided further, That the unexpended
balances of the Bureau of Reclamation appropriation accounts for
``Construction Program (Including Transfer of Funds)'', ``General
Investigations'', ``Emergency Fund'', and ``Operation and Maintenance''
shall be transferred to and merged with this account, to be available
for the purposes for which they originally were appropriated: Provided
further, That the Secretary of the Interior may use $2,500,000 of funds
appropriated herein to initiate construction of the McCall Area
Wastewater Reclamation and Reuse, Idaho, project.
bureau of reclamation loan program account
For the cost of direct loans and/or grants, $10,000,000, to remain
available until expended, as authorized by the Small Reclamation
Projects Act of August 6, 1956, as amended (43 U.S.C. 422a-422l):
Provided, That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That these funds are available to subsidize
gross obligations for the principal amount of direct loans not to exceed
$31,000,000.
In addition, for administrative expenses necessary to carry out the
program for direct loans and/or grants, $425,000, to remain available
until expended: Provided, That of the total sums appropriated, the
amount of program activities that can be financed by the Reclamation
Fund shall be derived from that Fund.
central valley project restoration fund
For carrying out the programs, projects, plans, and habitat
restoration, improvement, and acquisition provisions of the Central
Valley Project Improvement Act, such sums as may be collected in the
Central Valley Project Restoration Fund pursuant to sections 3407(d),
3404(c)(3), 3405(f), and 3406(c)(1) of Public Law 102-575, to remain
available until expended: Provided, That the Bureau of Reclamation is
directed to levy additional mitigation and restoration payments totaling
no more than $25,130,000 (October 1992 price levels) on a three-year
rolling average basis, as authorized by section 3407(d) of Public Law
102-575.
california bay-delta ecosystem restoration
(including transfer of funds)
For necessary expenses of the Department of the Interior and other
participating Federal agencies in carrying out the California Bay-Delta
Environmental Enhancement and Water Security Act consistent with plans
to be approved by the Secretary of the Interior, in consultation with
such Federal agencies, $85,000,000, to remain available until expended,
of which such amounts as may be
necessary to 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
[[Page 111 STAT. 1330]]
1506.1(c); and (2) used for purposes that the Secretary finds are of
sufficiently high priority to warrant such an expenditure.
policy and administration
For necessary expenses of policy, administration, and related
functions in the office of the Commissioner, the Denver office, and
offices in the five regions of the Bureau of Reclamation, to remain
available until expended, $47,558,000, to be derived from the
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377:
Provided, That no part of any other appropriation in this Act shall be
available for activities or functions budgeted as policy and
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, $906,807,000.
non-defense environmental management
For Department of Energy expenses, including the purchase,
construction and acquisition of plant and capital equipment and other
expenses necessary for non-defense environmental management activities
in carrying out the purposes of the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation
of any real property or any facility or for plant or facility
acquisition, construction or expansion, $497,059,000, to remain
available until expended.
uranium enrichment decontamination and decommissioning fund
For necessary expenses in carrying out uranium enrichment facility
decontamination and decommissioning, remedial actions and other
activities of title II of the Atomic Energy Act of 1954 and title X,
subtitle A of the Energy Policy Act of 1992, $220,200,000, to be derived
from the Fund, to remain available until expended: Provided, That
$40,000,000 of amounts derived from the Fund for such expenses shall be
available in accordance with title X, subtitle A, of the Energy Policy
Act of 1992.
[[Page 111 STAT. 1331]]
science
For expenses of the Department of Energy activities including the
purchase, construction and acquisition of plant and capital equipment
and other expenses necessary for science activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real property or
facility or for plant or facility acquisition, construction, or
expansion, and purchase of 15 passenger motor vehicles for replacement
only, $2,235,708,000, to remain available until expended: Provided, That
$35,000,000 of the unobligated
balances originally available for Superconducting Super Collider
termination activities shall be made available for other activities
under this heading.
nuclear waste disposal fund
For nuclear waste disposal activities to carry out the purposes of
Public Law 97-425, as amended, including the acquisition of real
property or facility construction or expansion, $160,000,000, to remain
available until expended, to be derived from the Nuclear Waste Fund; of
which $4,000,000 shall be available to the Nuclear Regulatory Commission
to license a multi-purpose canister design; and of which not to exceed
$5,000,000 may be provided to affected local governments, as defined in
Public Law 97-425, to conduct appropriate activities pursuant to the
Act: Provided, That the distribution of the funds to the units of local
government shall be determined by the Department of Energy: Provided
further, That the funds shall be made available to the units of local
government by direct payment: Provided further, That within ninety days
of the completion of each Federal fiscal year, each local entity shall
provide certification to the Department of Energy, that all funds
expended from such payments have been expended for activities as defined
in Public Law 97-425. Failure to provide such certification shall cause
such entity to be prohibited from any further funding provided for
similar activities: Provided further, That none of the funds herein
appropriated may be: (1) used directly or indirectly to influence
legislative action on any matter pending before Congress or a State
legislature or for lobbying activity as provided in 18 U.S.C. 1913; (2)
used for litigation expenses; or (3) used to support multistate efforts
or other coalition building activities inconsistent with the
restrictions contained in this Act: Provided further, That none of the
funds provided herein shall be distributed to the State of Nevada by
direct payment, grant, or other means, for financial assistance under
section 116 of the Nuclear Waste Policy Act of 1982, as amended:
Provided further, That the foregoing proviso shall not apply to payments
in lieu of taxes under section 116(c)(3)(A) of the Nuclear Waste Policy
Act of 1982, as amended.
departmental administration
For salaries and expenses of the Department of Energy necessary for
departmental administration in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the hire of passenger motor vehicles and official reception
and representation expenses (not to exceed $35,000), $218,747,000, to
remain available until expended: Provided, That
[[Page 111 STAT. 1332]]
moneys received by the Department for miscellaneous revenues estimated
to total $131,330,000 in fiscal year 1998 may be retained and used for
operating expenses within this account, and may remain available until
expended, as authorized by section 201 of Public Law 95-238,
notwithstanding the provisions of 31 U.S.C. 3302: Provided further, That
the sum herein appropriated shall be reduced by the amount of
miscellaneous revenues received during fiscal year 1998 so as to result
in a final fiscal year 1998 appropriation from the General Fund
estimated at not more than $87,417,000.
office of the inspector general
For necessary expenses of the Office of the Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $27,500,000, to remain available until expended.
Atomic Energy Defense Activities
weapons activities
For Department of Energy expenses, including the purchase,
construction and acquisition of plant and capital equipment and other
incidental expenses necessary for atomic energy defense weapons
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion; and the purchase of
passenger motor vehicles (not to exceed 70 for replacement only),
$4,146,692,000, to remain available until expended: Provided, That
funding for any ballistic missile defense program undertaken by the
Department of Energy for the Department of Defense shall be provided by
the Department of Defense according to procedures established for Work
for Others by the Department of Energy.
defense environmental restoration and waste management
For Department of Energy expenses, including the purchase,
construction and acquisition of plant and capital equipment and other
expenses necessary for atomic energy defense environmental restoration
and waste management activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion; and the purchase of passenger motor vehicles (not to exceed 6
for replacement only), $4,429,438,000, to remain available until
expended; and, in addition, $200,000,000 for privatization projects, to
remain available until expended.
defense facilities closure projects
For expenses of the Department of Energy to accelerate the closure
of defense environmental management sites, including the purchase,
construction and acquisition of plant and capital
equipment and other necessary expenses, $890,800,000, to remain
available until expended.
[[Page 111 STAT. 1333]]
other defense activities
For Department of Energy expenses, including the purchase,
construction and acquisition of plant and capital equipment and other
expenses necessary for atomic energy defense, other defense activities,
in carrying out the purposes of the Department of Energy Organization
Act (42 U.S.C. 7101, et seq.), including the acquisition or condemnation
of any real property or any facility or for plant or facility
acquisition, construction, or expansion, and the purchase of passenger
motor vehicles (not to exceed 2 for replacement only), $1,666,008,000,
to remain available until expended.
defense nuclear waste disposal
For nuclear waste disposal activities to carry out the purposes of
Public Law 97-425, as amended, including the acquisition of real
property or facility construction or expansion, $190,000,000, to remain
available until expended.
Power Marketing Administrations
operation and maintenance, alaska power administration
For necessary expenses of operation and maintenance of projects in
Alaska and of marketing electric power and energy, $3,500,000, to remain
available until expended; and, in addition, $10,000,000 for capital
assets acquisition, to remain available until expended.
bonneville power administration fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for the
anadromous fish supplementation facilities in the Yakima River Basin,
Methow River Basin and Upper Snake River Basin, for the Billy Shaw
Reservoir resident fish substitution project, and for the resident trout
fish culture facility in Southeast Idaho; and official reception and
representation expenses in an amount not to exceed $3,000.
During fiscal year 1998, no new direct loan 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,
$12,222,000, to remain available until expended; in addition,
notwithstanding 31 U.S.C. 3302, not to exceed $20,000,000 in
reimbursements for transmission wheeling and ancillary services, to
remain available until expended.
operation and maintenance, southwestern power administration
For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and energy,
[[Page 111 STAT. 1334]]
and for construction and acquisition of transmission lines, substations
and appurtenant facilities, and for administrative expenses, including
official reception and representation expenses in an amount not to
exceed $1,500 in carrying out the provisions of section 5 of the Flood
Control Act of 1944 (16 U.S.C. 825s), as applied to the southwestern
power area, $25,210,000, to remain available until expended; in
addition, notwithstanding the provisions of 31 U.S.C. 3302, not to
exceed $4,650,000 in reimbursements, to remain available until expended.
construction, rehabilitation, operation and maintenance, western area
power administration
(including transfer of funds)
For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7101 et seq.), and
other related activities including conservation and renewable resources
programs as authorized, including the replacement of not more than two
helicopters through transfers, exchanges, or sale, and official
reception and representation expenses in an amount not to exceed $1,500,
$189,043,000, to remain available until expended, of which $182,806,000
shall be derived from the Department of the Interior Reclamation Fund:
Provided, That of the amount herein appropriated, $5,592,000 is for
deposit into the Utah Reclamation Mitigation and Conservation Account
pursuant to title IV of the Reclamation Projects Authorization and
Adjustment Act of 1992: Provided further, That the Secretary of the
Treasury is authorized to transfer from the Colorado River Dam Fund to
the Western Area Power Administration $5,592,000 to carry out the power
marketing and transmission activities of the Boulder Canyon project as
provided in section 104(a)(4) of the Hoover Power Plant Act of 1984, to
remain available until expended.
falcon and amistad operating and maintenance fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams, $970,000, to
remain available until expended, and to be derived from the Falcon and
Amistad Operating and Maintenance Fund of the Western Area Power
Administration, as provided in section 423 of the
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995.
Federal Energy Regulatory Commission
salaries and expenses
For necessary expenses of the Federal Energy Regulatory Commission
to carry out the provisions of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including services as authorized by 5 U.S.C.
3109, the hire of passenger motor vehicles, and official reception and
representation expenses (not to exceed $3,000), $162,141,000, to remain
available until expended: Provided, That notwithstanding <<NOTE: 42 USC
7171 note.>> any other provision of law, not to exceed $162,141,000 of
revenues from fees and annual charges, and other services and
collections in fiscal year 1998 shall be retained and used for necessary
expenses in this account, and shall remain available until expended:
Provided further, That the sum herein appropriated from the General Fund
shall be reduced as revenues
[[Page 111 STAT. 1335]]
are received during fiscal year 1998 so as to result in a final fiscal
year 1998 appropriation from the General Fund estimated at not more than
$0.
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 <<NOTE: Reports.>> 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 <<NOTE: Reports.>> 60 days before a contract award,
amendment, or modification for which the Secretary intends to grant such
a waiver, the Secretary shall submit to the Subcommittees on Energy and
Water Development of the Committees on Appropriations of the House of
Representatives and the Senate a report notifying the subcommittees of
the waiver and setting forth the reasons for the waiver.
Sec. 303. None of the funds appropriated by this Act or any prior
appropriations Act may be used to--
(1) develop or implement a workforce restructuring plan that
covers employees of the Department of Energy; or
(2) provide enhanced severance payments or other benefits
for employees of the Department of Energy;
under section 3161 of the National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102-484; 106 Stat. 2644; 42 U.S.C. 7274h).
Sec. 304. None of the funds appropriated by this Act or any prior
appropriations Act may be used to augment the $61,159,000 made available
for obligation by this Act for severance payments and other benefits and
community assistance grants under section 3161 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat.
2644; 42 U.S.C. 7274h).
Sec. 305. None of the funds appropriated by this Act or any prior
appropriations Act may be used to prepare or initiate Requests For
Proposals (RFPs) for a program if the program has not been funded by
Congress.
[[Page 111 STAT. 1336]]
(transfers of unexpended balances)
Sec. 306. The unexpended balances of prior appropriations provided
for activities in this Act may be transferred to appropriation accounts
for such activities established pursuant to this title. Balances so
transferred may be merged with funds in the applicable established
accounts and thereafter may be accounted for as one fund for the same
time period as originally enacted.
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses <<NOTE: 40 USC app. 401 note.>> necessary to carry out
the programs authorized by the Appalachian Regional Development Act of
1965, as amended, notwithstanding section 405 of said Act, and for
necessary expenses for the Federal Co-Chairman and the alternate on the
Appalachian Regional Commission and for payment of the Federal share of
the administrative expenses of the Commission, including services as
authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles,
$170,000,000, to remain available until expended.
Defense Nuclear Facilities Safety Board
salaries and expenses
For necessary expenses of the Defense Nuclear Facilities Safety
Board in carrying out activities authorized by the Atomic Energy Act of
1954, as amended by Public Law 100-456, section 1441, $17,000,000, to
remain available until expended.
Nuclear Regulatory Commission
salaries and expenses
(including transfer of funds)
For necessary expenses of the Commission in carrying out the
purposes of the Energy Reorganization Act of 1974, as amended, and the
Atomic Energy Act of 1954, as amended, including the employment of
aliens; services authorized by 5 U.S.C. 3109; publication and
dissemination of atomic information; purchase, repair, and cleaning of
uniforms; official representation expenses (not to exceed $20,000);
reimbursements to the General Services Administration for security guard
services; hire of passenger motor vehicles and aircraft, $468,000,000,
to remain available until expended: Provided, That of the amount
appropriated herein, $15,000,000 shall be derived from the Nuclear Waste
Fund: Provided further, That from this appropriation, transfers of sums
may be made to other agencies of the Government for the performance of
the work for which this appropriation is made, and in such cases the
sums so transferred may be merged with the appropriation to which
transferred: Provided further, That moneys received by the Commission
for the cooperative nuclear safety research program, services rendered
to State governments, foreign governments and international
organizations, and the material and information access authorization
programs, including criminal history checks under
[[Page 111 STAT. 1337]]
section 149 of the Atomic Energy Act may be retained and used for
salaries and expenses associated with those activities, notwithstanding
31 U.S.C. 3302, and shall remain available until expended: Provided
further, That revenues from licensing fees, inspection services, and
other services and collections estimated at $450,000,000 in fiscal year
1998 shall be retained and used for necessary salaries and expenses in
this account, notwithstanding 31 U.S.C. 3302, and shall remain available
until expended: Provided further, That $3,000,000 of the funds herein
appropriated for regulatory reviews and other assistance provided to the
Department of Energy and other Federal agencies shall be excluded from
license fee revenues, notwithstanding 42 U.S.C. 2214: Provided further,
That the sum herein appropriated shall be reduced by the amount of
revenues received during fiscal year 1998 from licensing fees,
inspection services and other services and collections, excluding those
moneys received for the cooperative nuclear safety research program,
services rendered to State governments, foreign governments and
international organizations, and the material and information access
authorization programs, so as to result in a final fiscal year 1998
appropriation estimated at not more than $18,000,000.
Office of Inspector General
(including transfer of funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, including services authorized by 5 U.S.C. 3109, $4,800,000, to
remain available until expended; and in addition, an amount not to
exceed 5 percent of this sum may be transferred from Salaries and
Expenses, Nuclear Regulatory Commission: Provided, That notice of such
transfers shall be given to the Committees on Appropriations of the
House of Representatives and Senate: Provided further, That from this
appropriation, transfers of sums may be made to other agencies of the
Government for the performance of the work for which this appropriation
is made, and in such cases the sums so transferred may be merged with
the appropriation to which transferred: Provided further, That revenues
from licensing fees, inspection services, and other services and
collections shall be retained and used for necessary salaries and
expenses in this account, notwithstanding 31 U.S.C. 3302, and shall
remain available until expended: Provided further, That the sum herein
appropriated shall be reduced by the amount of revenues received during
fiscal year 1998 from licensing fees, inspection services, and other
services and collections, so as to result in a final fiscal year 1998
appropriation estimated at not more than $0.
Nuclear Waste Technical Review Board
salaries and expenses
For necessary expenses of the Nuclear Waste Technical Review Board,
as authorized by Public Law 100-203, section 5051, $2,600,000, to be
derived from the Nuclear Waste Fund, and to remain available until
expended.
[[Page 111 STAT. 1338]]
Tennessee Valley Authority
For the purpose of carrying out the provisions of the Tennessee
Valley Authority Act of 1933, as amended (16 U.S.C. ch. 12A), including
hire, maintenance, and operation of aircraft, and purchase and hire of
passenger motor vehicles, $70,000,000, to remain available until
expended, of which $6,900,000 shall be available for operation,
maintenance, surveillance, and improvement of Land Between
the <<NOTE: 16 USC 831ee.>> Lakes; and for essential stewardship
activities for which appropriations were provided to the Tennessee
Valley Authority in Public Law 104-206, such sums as are necessary in
fiscal year 1999 and thereafter, to be derived only from one or more of
the following sources: nonpower fund balances and collections;
investment returns of the nonpower program; applied programmatic savings
in the power and nonpower programs; savings from the suspension of
bonuses and awards; savings from reductions in memberships and
contributions; increases in collections resulting from nonpower
activities, including user fees; or increases in charges to private and
public utilities both investor and cooperatively owned, as well as to
direct load customers: Provided, That such funds are available to fund
the stewardship activities under this paragraph, notwithstanding
sections 11, 14, 15, 29, or other provisions of the Tennessee Valley
Authority Act, as amended, or provisions of the TVA power bond
covenants: Provided further, That the savings from, and revenue
adjustments to, the TVA budget in fiscal year 1999 and thereafter shall
be sufficient to fund the aforementioned stewardship activities such
that the net spending authority and resulting outlays for these
activities shall not exceed $0 in fiscal year 1999 and thereafter.
TITLE V
GENERAL PROVISIONS
Sec. 501. None of the funds appropriated by this Act may be used in
any way, directly or indirectly, to influence congressional action on
any legislation or appropriation matters pending before Congress, other
than to communicate to Members of Congress as described in section 1913
of title 18, United States Code.
Sec. 502. (a) Purchase of American-Made Equipment and Products.--It
is the sense of the Congress that, to the greatest extent practicable,
all equipment and products purchased with funds made available in this
Act should be American-made.
(b) Notice Requirement.--In providing financial assistance to, or
entering into any contract with, any entity using funds made available
in this Act, the head of each Federal agency, to the greatest extent
practicable, shall provide to such entity a notice describing the
statement made in subsection (a) by the Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling Products
as Made in America.--If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to receive
any contract or subcontract made with funds made available in this Act,
pursuant to the debarment, suspension, and ineligibility procedures
described in sections 9.400 through 9.409 of title 48, Code of Federal
Regulations.
[[Page 111 STAT. 1339]]
Sec. 503. None of the funds made available in this Act may be
provided by contract or by grant (including a grant of funds to be
available for student aid) to any institution of higher
education, or subelement thereof, that is currently ineligible for
contracts and grants pursuant to section 514 of the Departments of
Labor, Health and Human Services, and Education, and Related Agencies
Appropriations Act, 1997 (as contained in section 101(e) of division A
of Public Law 104-208; 110 Stat. 3009-270).
Sec. 504. None of the funds made available in this Act may be
obligated or expended to enter into or renew a contract with a
contractor that is subject to the reporting requirement set forth in
subsection (d) of section 4212 of title 38, United States Code, but has
not submitted the most recent report required by such subsection.
Sec. 505. None of the funds made available in this Act to pay the
salary of any officer or employee of the Department of the Interior may
be used for the Animas-La Plata Project, in Colorado and New Mexico,
except for: (1) activities required to comply with the applicable
provisions of current law; and (2) continuation of activities pursuant
to the Colorado Ute Indian Water Rights Settlement Act of 1988 (Public
Law 100-585).
Sec. 506. Section 1621 of title XVI of the Reclamation Wastewater
and Groundwater Act, <<NOTE: 43USC390h-12g.>> Public Law 104-266, is
amended by--
(1) striking ``study'' in the section title and in
subsection (a), and inserting ``project'' into the title and in
subsection (a);
(2) inserting in subsection (a) ``planning, design, and
construction of the'' following ``to participate in the''; and
(3) inserting in subsection (a) ``and nonpotable surface
water'' following ``impaired ground water''.
Sec. 507. Section 1208(a)(2) of the Yavapai-Prescott Indian Treaty
Settlement <<NOTE: 108 Stat. 4562.>> Act of 1994 (Public Law 103-434)
is amended by striking ``$4,000,000 for construction'' and inserting
``$13,000,000, at 1997 prices, for construction plus or minus such
amounts as may be justified by reason of ordinary fluctuations of
applicable cost indexes''.
Sec. 508. (a) The <<NOTE: West Virginia.>> State of West Virginia
shall receive credit towards its required contribution under Contract
No. DACW59-C-0071 for the cost of recreational facilities to be
constructed by a joint venture of the State in cooperation with private
interests for recreation development at Stonewall Jackson Lake, West
Virginia, except that the State shall receive no credit for costs
associated with golf course development and the amount of the credit may
not exceed the amount owed by the State under the Contract.
(b) The Corps of Engineers shall revise both the 1977 recreation
cost-sharing agreement and the Park and Recreation Lease dated October
2, 1995 to remove the requirement that such recreation facilities are to
be owned by the Government at the time of their completion as contained
in Article 2-06 of the cost-sharing agreement and Article 36 of the
lease.
(c) Nothing in this section shall reduce the amount of funds owed
the United States Government pursuant to the 1977 recreation cost-
sharing agreement.
Sec. 509. Amounts to be transferred to the Department of Energy by
the United States Enrichment Corporation (USEC)
[[Page 111 STAT. 1340]]
pursuant to this section shall be retained and used for the specific
purpose of development and demonstration of AVLIS technology for uranium
enrichment: Provided, That, notwithstanding section 1605 of the Atomic
Energy Act of 1954, as amended (42 U.S.C. 2297e-4), USEC shall transfer
to the Department such sums as are necessary in fiscal year 1998 for
AVLIS demonstration and development activities to be derived only from
one or more of the following sources: savings from adjustments in the
level of inventories; savings from reductions in capital and operating
costs; savings from reductions in power costs including savings from
increased use of off-peak power; or savings from adjustments in the
amount of purchases: Provided further, That the savings from such
reductions and adjustments in the amounts paid by USEC in fiscal year
1998 shall be sufficient to fund the aforementioned AVLIS demonstration
and development activities such that the net spending authority and
resulting outlays for these activities shall not exceed $0 in fiscal
year 1998 and thereafter: Provided further, That, prior to transferring
funds to the Department for AVLIS activities pursuant to this section,
the Chief Financial Officer of USEC shall submit to the Committees on
Appropriations of the House of Representatives and Senate an itemized
listing of the amounts of the reductions made pursuant to this section
to fund the proposed <<NOTE: Records.>> transfer: Provided further,
That, by November 1, 1998, the Chief Financial Officer of USEC shall
submit to the Committees on Appropriations of the House of
Representatives and Senate an itemized listing of the amounts of the
reductions made pursuant to this section for fiscal
year <<NOTE: Expiration date.>> 1998: Provided further, That the
provisions in this section related to the transfer to and use by the
Department of funds for AVLIS demonstration and development activities
shall expire as of the privatization date for USEC, as defined in
section 3102 of the USEC Privatization Act (42 U.S.C. 2297h), and the
total amount obligated by the Department pursuant to this section for
AVLIS demonstration and development activities shall not exceed
$60,000,000.
Sec. 510. (a) None of the funds appropriated or otherwise made
available by this Act may be used to determine the final point of
discharge for the interceptor drain for the San Luis Unit until
development by the Secretary of the Interior and the State of California
of a plan, which shall conform to the water quality standards of the
State of California as approved by the Administrator of the
Environmental Protection Agency, to minimize any detrimental effect of
the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program and the
costs of the San Joaquin Valley Drainage Program shall be classified by
the Secretary of the Interior as reimbursable or nonreimbursable and
collected until fully repaid pursuant to the ``Cleanup Program--
Alternative Repayment Plan'' and the ``SJVDP--Alternative Repayment
Plan'' described in the report entitled ``Repayment Report, Kesterson
Reservoir Cleanup Program and San Joaquin Valley Drainage Program,
February 1995'', prepared by the Department of the Interior, Bureau of
Reclamation. Any future obligations of funds by the United States
relating to, or providing for, drainage service or drainage studies for
the San Luis Unit shall be fully reimbursable by San Luis Unit
beneficiaries of such service or studies pursuant to Federal Reclamation
law.
[[Page 111 STAT. 1341]]
Sec. 511. Maintenance <<NOTE: Kentucky. Ohio.>> of Security at the
Gaseous
Diffusion Plants.--Section 3107 of the USEC Privatization Act (42 U.S.C.
2297h-5) is amended by adding at the end the following:
``(h) Maintenance of Security.--
``(1) In general.--With respect to the Paducah Gaseous
Diffusion Plant, Kentucky, and the Portsmouth Gaseous Diffusion
Plant, Ohio, the guidelines relating to the authority of the
Department of Energy's contractors (including any Federal
agency, or private entity operating a gaseous diffusion plant
under a contract or lease with the Department of Energy) and any
subcontractor (at any tier) to carry firearms and make arrests
in providing security at Federal installations, issued under
section 161k. of the Atomic Energy Act of 1954 (42 U.S.C.
2201k.) shall require, at a minimum, the presence of an adequate
number of security guards carrying sidearms at all times to
ensure maintenance of security at the gaseous diffusion plants
(whether a gaseous diffusion plant is operated directly by a
Federal agency or by a private entity under a contract or lease
with a Federal agency).''.
Sec. 512. None of the funds made available in this or any other Act
may be used to restart the High Flux Beam Reactor.
This Act may be cited as the ``Energy and Water Development
Appropriations Act, 1998''.
Approved October 13, 1997.
LEGISLATIVE HISTORY--H.R. 2203 (S. 1004):
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 105-90 (Comm. on Appropriations) and 105-271 (Comm.
of Conference).
SENATE REPORTS: No. 105-44 accompanying S. 1004 (Comm. on
Appropriations).
CONGRESSIONAL RECORD, Vol. 143 (1997):
July 24, 25, considered and passed House.
July 28, considered and passed Senate, amended, in lieu of
S. 1004.
Sept. 30, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 33 (1997):
Oct. 13, Presidential statement.
Oct. 17, President's special message on line item veto.
FEDERAL REGISTER, Vol. 62 (1997):
Oct. 20, Cancellation of items pursuant to the Line Item
Veto Act.
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