Summary: S.2138 — 105th Congress (1997-1998)All Information (Except Text)

Bill summaries are authored by CRS.

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Passed Senate amended (06/18/1998)


Title I: Department of Defense - Civil

Title II: Department of the Interior

Title III: Department of Energy

Title IV: Independent Agencies

Title V: General Provisions

Title VI: Denali Commission

Energy and Water Development Appropriations Act, 1999 - Title I: Department of Defense - Civil - Makes appropriations to the Department of the Army and its Corps of Engineers for FY 1999 for: (1) authorized civil functions of the Department of the Army relating to rivers and harbors, flood control, beach erosion, and related purposes; (2) expenses necessary for the collection and study of information related to such purposes; (3) the prosecution of authorized water development and related projects; (4) certain flood control projects on the Mississippi River and its tributaries; (5) water development projects operation and maintenance; (6) the navigable waters and wetlands regulatory program; (7) formerly utilized sites remedial action program; and (8) general expenses.

Authorizes use of the Revolving Fund to construct an addition to the United States Army Corps of Engineers Alaska District main office building on Elmendorf Air Force Base.

(Sec. 101) Bars application of a fully allocated funding policy to projects for which funds are identified in specified Committee reports. Directs the Secretary of the Army, acting through the Chief of Engineers, to undertake such projects using continuing contracts.

(Sec. 102) Prescribes guidelines under which the Secretary of the Army shall provide planning, design and construction assistance to non-Federal interests in implementing water-related environmental infrastructure and environmental resources development projects in Alaska.

(Sec. 103) Prohibits the use of funds under this Act to revise the Missouri River Master Water Control Manual when it is made known to the pertinent Federal authority that such revision provides for an increase in the springtime water release program during the spring heavy rainfall and snow melt period in States with rivers draining into the Missouri River below the Gavins Point Dam.

Title II: Department of the Interior - Makes FY 1999 appropriations to the Department of the Interior for: (1) the Central Utah Project; (2) the Bureau of Reclamation, water and related resources; (3) Bureau of Reclamation Loan Program Account; (4) Central Valley Project Restoration Fund; (5) California Bay-Delta Ecosystem Restoration; and (6) general administrative expenses.

Title III: Department of Energy - Makes appropriations to the Department of Energy (DOE) for FY 1999 for: (1) energy supply programs; (2) non-defense environmental management; (3) the Uranium Enrichment Decontamination and Decommissioning Fund; (4) general DOE science and research activities; (5) the Nuclear Waste Disposal Fund; (6) DOE administration; (7) Office of the Inspector General; (8) atomic energy defense weapons activities; (9) defense environmental restoration and waste management; (10) defense facilities closure projects; (11) defense environmental management privatization; (12) other DOE defense activities; (13) defense nuclear waste disposal; (14) the various geographical power marketing administrations of DOE (including specified costs for the hydroelectric facilities at the Falcon and Amistad Dams under the Western Area Power Administration); and (15) the Federal Energy Regulatory Commission.

(Sec. 301) Prohibits funds under this Act from being used to: (1) award either a management and operating contract without competitive procedures, or a contract that deviates from the Federal Acquisition Regulation, unless the Secretary of Energy (Secretary) grants a waiver on a case-by-case basis; (2) develop or implement a workforce restructuring plan for DOE employees, or to provide them with enhanced severance payments or other benefits; (3) augment specified funds made available for severance payments and other benefits and community assistance grants under specified law; (4) prepare or initiate Requests for Proposals (RFPs) for a program that has not been funded by the Congress; or (5) decrease the concentration of radioactive contamination in waste in order to comply with the waste acceptance criteria for the Waste Isolation Pilot Plant.

(Sec. 307) Amends the Department of Energy Organization Act to redesignate the Office of Energy Research the Office of Science Research.

(Sec. 308) Amends the United States Enrichment Corporation (USEC) Privatization Act to instruct the Secretary of Energy to reimburse a contractor or subcontractor for the costs of providing security to bring a gaseous diffusion plant into compliance with statutory guidelines.

(Sec. 309) Directs the Administrator of the Bonneville Power Administration to sell electric power at wholesale, upon the request of a joint operating entity, for the purpose of meeting the firm power loads of regional public bodies and cooperatives that are members of participants of such entity.

(Sec. 311) Reduces by a specified percentage each amount made available under the headings of: (1) Non-Defense Environmental Management; (2) Uranium Enrichment Decontamination and Decommissioning Fund; (3) Science; (4) Departmental Administration for Energy Programs; and (5) Construction, Rehabilitation, Operation and Maintenance, Western Area Power Administration.

Title IV: Independent Agencies - Makes appropriations for FY 1999 for: (1) the Appalachian Regional Commission; (2) the Denali Commission; (3) the Defense Nuclear Facilities Safety Board; (4) the Nuclear Regulatory Commission (NRC); (5) the NRC Office of the Inspector General; (6) the Nuclear Waste Technical Review Board; and (7) the Tennessee Valley Authority.

Title V: General Provisions - Declares the sense of the Congress that all equipment and products bought with funds under this Act should be American-made. Requires each Federal agency to give notice of this policy to any entity to which it provides financial assistance or contracts. Bars contracts funded under this Act from being awarded to any person determined by a court or Federal agency to have falsely labelled products as made in America.

(Sec. 505) Prohibits the use of funds in this Act to pay the salary of any Department of the Interior officer or employee 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) Prohibits the use of any funds appropriated or otherwise made available by this Act to determine the final point of discharge for the interceptor drain for the San Luis Unit until the Secretary of the Interior and the State of California develop a plan, which shall conform to California water quality standards approved by the Administrator of the Environmental Protection Agency, to minimize any detrimental effect of the San Luis drainage waters.

Directs the Secretary of the Interior to classify the costs of the Kesterson Reservoir Cleanup and the San Joaquin Valley Drainage Programs 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 a specified report. Makes San Luis Unit beneficiaries of drainage service or drainage studies responsible to reimburse the United States fully for any future obligations of Federal funds relating to, or providing for, such service or studies for the San Luis Unit.

(Sec. 507) Amends the Omnibus Budget Reconciliation Act of 1990 to extend from September 30, 1998, through September 30, 1999, the NRC's authority to assess annual charges.

(Sec. 508) Prohibits the use of any funds to restart the High Flux Beam Reactor.

Title VI: Denali Commission - Denali Commission Act of 1998 - Establishes the Denali Commission to develop a statewide, comprehensive plan for economic and infrastructure development, establish priorities, approve project and grant proposals, and administer funds appropriated to such Commission. Directs the Commission to: (1) solicit project proposals to modernize infrastructure from local governments and other organizations; (2) report annually to the President, the Chairmen of the House and Senate Appropriations Committees, and the Governor of Alaska; and (3) develop a repair or replacement program for bulk fuel storage tanks in Alaska which are not in compliance with Federal and State law. Authorizes appropriations for FY 1999 through 2003.