Text: H.R.2203 — 105th Congress (1997-1998)All Information (Except Text)

Text available as:

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Public Law No: 105-62 (10/13/1997)

 
[105th Congress Public Law 62]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ62.105]


[[Page 1319]]

          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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