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105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    105-271
_______________________________________________________________________


 
 MAKING APPROPRIATIONS FOR ENERGY AND WATER DEVELOPMENT FOR THE FISCAL 
         YEAR ENDING SEPTEMBER 30, 1998, AND FOR OTHER PURPOSES

                                _______
                                

               September 26, 1997.--Ordered to be printed

_______________________________________________________________________


 Mr. McDade, from the committee on conference, submitted the following

                           CONFERENCE REPORT

                        [To accompany H.R. 2203]

      The committee of conference on the disagreeing votes of 
the two Houses on the amendment of the Senate to the bill (H.R. 
2203) ``making appropriations for energy and water development 
for the fiscal year ending September 30, 1998, and for other 
purposes'', having met, after full and free conference, have 
agreed to recommend and do recommend to their respective Houses 
as follows:
      That the House recede from its disagreement to the 
amendment of the Senate, and agree to the same with an 
amendment, as follows:
      In lieu of the matter stricken and inserted by said 
amendment, insert:

That the following sums are appropriated, out of any money in 
the Treasury not otherwise appropriated, for the fiscal year 
ending September 30, 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;
            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 theMetropolitan 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;
            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, $1400,000;
         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, Susquenhanna, 
        Wyoming, Pike, and Monroe counties in Pennsylvania in 
        accordance with the purposes of subsection (a) and 
        requirements of subsection (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
       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, 
1990, is amended by striking ``total cost of $19,600,000'' and 
inserting in lieu thereof, ``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 emergencyneed for the outlet and reports to 
Congress that the construction is technically sound, economically 
justified, and environmentally acceptable and in compliance with the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.): 
Provided further, That the economic justification for the emergency 
outlet shall be prepared in accordance with the principles and 
guidelines for economic evaluation as required by regulations and 
procedures of the Army Corps of Engineers for all flood control 
projects, and that the economic justification be fully described, 
including the analysis of the benefits and costs, in the project plan 
documents: Provided further, That the plans for the emergency outlet 
shall be reviewed and, to be effective, shall contain assurances 
provided by the Secretary of State, after consultation with the 
International Joint Commission, that the project will not violate the 
requirements or intent of the Treaty Between the United States and 
Great Britain Relating to Boundary Waters Between the United States and 
Canada, signed at Washington January 11, 1909 (36 Stat. 2448; TS 548) 
(commonly known as the ``Boundary Waters Treaty of 1909''): Provided 
further, That the Secretary of the Army shall submit the final plans 
and other documents for the emergency outlet to Congress: Provided 
further, That no funds made available under this Act or any other Act 
for any fiscal year may be used by the Secretary of the Army to carry 
out the portion of the feasibility study of the Devils Lake Basin, 
North Dakota, authorized under the Energy and Water Development 
Appropriations Act, 1993 (Public Law 102-377), that addresses the needs 
of the area for stabilized lake levels through inlet controls, or to 
otherwise study any facility or carry out any activity that would 
permit the transfer of water from the Missouri River Basin into Devils 
Lake: Provided further, That the 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 cost, so that the City of Sardis, Mississippi, may 
proceed with its developmentof 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 
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 Elmendorf Air 
Force Base. The Revolving Fund shall be reimbursed for such 
funding from the benefiting appropriations by collection each 
year of user fees sufficient to repay the capitalized cost of 
the asset and to operate and maintain the asset.


                        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 
and 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 projects, 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.
      Sec. 102. Green Brook Sub-Basin Flood Control Project, 
New Jersey.--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 
Unitah and Upalco Units authorized by 43 U.S.C. 620, 
$40,353,000, to 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 
Department Irrigation Drainage Program may be expended by the 
Bureau of Reclamation for site remediation on a non-
reimbursable basis: Provided further, That the amount 
authorized for Indian municipal, rural, and industrial water 
features by Section 10 of Public Law 89-108, as amended by 
Section 8 of Public Law 99-294 and Section 1701(b) of Public 
Law 102-575, is increased by $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 C.F.R. 
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 administrative 
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. 1701 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.


                                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 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.


                        other defense activities


      For Department of Energy expenses, including the 
purchase, construction and acquisition of plant and 
capitalequipment 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 obligation 
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 reimbursement 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, 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 
theTreasury 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 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 
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.

                          Department of Energy

                           GENERAL PROVISIONS

      Sec. 301. (a) None of the funds appropriated by this Act 
or any prior appropriations Act may be used to award a 
management and operating contract unless such contract is 
awarded using competitive procedures or the Secretary of Energy 
grants, on a case-by-case basis, a waiver to allow for such a 
deviation. The Secretary may not delegate the authority to 
grant such a waiver.
      (b) At least 60 days before a contract award, amendment, 
or modification for which the Secretary intends to grant such a 
waiver, the Secretary shall submit to the Subcommittees on 
Energy and Water Development of the Committees on 
Appropriations of the House of Representatives and the Senate a 
report notifying the subcommittees of the waiver and setting 
forth the reasons for the waiver.
      Sec. 302. (a) None of the funds appropriated by this Act 
or any prior appropriations Act may be used to award, amend, or 
modify a contract in a manner that deviates from the Federal 
Acquisition Regulation, unless the Secretary of Energy grants, 
on a case-by-case basis, a waiver to allow for such a 
deviation. The Secretary may not delegate the authority to 
grant such a waiver.
      (b) At least 60 days before a contract award, amendment, 
or modification for which the Secretary intends to grant such a 
waiver, the Secretary shall submit to the Subcommittees on 
Energy and Water Development of the Committees on 
Appropriations of the House of Representatives and the Senate a 
report notifying the subcommittees of the waiver and setting 
forth the reasons for the waiver.
      Sec. 303. None of the funds appropriated by this Act or 
any prior appropriations Act may be used to--
            (1) develop or implement a workforce restructuring 
        plan that covers employees of the Department of Energy; 
        or
            (2) provide enhanced severance payments or other 
        benefits for employees of the Department of Energy;

under section 3161 of the National Defense Authorization Act 
for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2644; 42 
U.S.C. 7274h).
      Sec. 304. None of the funds appropriated by this Act or 
any prior appropriations Act may be used to augment the 
$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.


                   (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 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 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 toexceed 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.

                       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 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.
      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, 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 Act of 1994 (Public Law 103-434) is 
amended by striking ``$4,000,000 for construction'' and 
inserting in lieu thereof ``$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 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 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) 
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 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 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.
      Sec. 511. Maintenance 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''.
      And the Senate agree to the same.

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

      The managers on the part of the House and the Senate at 
the conference on the disagreeing votes of the two Houses on 
the amendment of the Senate to the bill (H.R. 2203) making 
appropriations for energy and water development for the fiscal 
year ending September 30, 1998, and for other purposes, submit 
the following joint statement to the House and the Senate in 
explanation of the effects of the action agreed upon by the 
managers and recommended in the accompanying conference report.
      The language and allocations set forth in House Report 
105-190 and Senate Report 105-44 should be complied with unless 
specifically addressed to the contrary in the conference report 
and statement of the managers. Report language included by the 
House which is not contradicted by the report of the Senate or 
the conference, and Senate report language which is not 
contradicted by the report of the House or the conference is 
approved by the committee of conference. The statement of the 
managers, while repeating some report language for emphasis, 
does not intend to negate the language referred to above unless 
expressly provided herein. In cases where both the House report 
and Senate report address a particular issue not specifically 
addressed in the conference report or joint statement of 
managers, the conferees have determined that the House and 
Senate reports are not inconsistent and are to be interpreted 
accordingly. In cases in which the House or Senate have 
directed the submission of a report, such report is to be 
submitted to both House and Senate Committees on 
Appropriations.
      Senate amendment: The Senate deleted the entire House 
bill after the enacting clause and inserted the Senate bill. 
The conference agreement includes a revised bill.

                                TITLE I

                      DEPARTMENT OF DEFENSE--CIVIL

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

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

                         general investigations

      The conference agreement appropriates $156,804,000 for 
General Investigations instead of $157,260,000 as proposed by 
the House and $164,065,000 as proposed by the Senate.
      The conference agreement includes $100,000 for the Corps 
of Engineers to undertake a reconnaissance study of the need 
for navigational improvements on the Mobile, Tombigbee, and 
Black Warrior Rivers in accordance with the resolution (Docket 
#2512) adopted on May 7, 1997, by the Committee on 
Transportation and Infrastructure of the House of 
Representatives.
      The conferees have provided an additional $200,000 for 
the Corps of Engineers to accelerate work on the feasibility 
study for the development of a comprehensive basin management 
plan for navigation, including recreational navigation, 
environmental restoration, and water quality for the Dog River, 
Alabama, watershed.
      The conference agreement includes $270,000 for the 
Newport Bay Harbor, California, study, the same as the budget 
request. Within the funds provided, $100,000 is for the Corps 
of Engineers to undertake a reconnaissance study for management 
of the Newport Bay/San Diego Creek Watershed in the interest of 
environmental preservation and restoration, water quality and 
sediment control, and the avoidance or minimization of 
undesirable impacts resulting from urbanization and other 
present and future watershed activities.
      The conferees have provided $40,000 for completion of the 
feasibility study for navigational improvements at Port Hueneme 
in California, the same as the budget request. Federal interest 
recommendations for channel improvements shall be based on the 
potential for future shipping operations at the port.
      The conference agreement includes $100,000 for the Corps 
of Engineers to initiate a reconnaissance study of options for 
increased flood protection along the Toulumne River and its 
tributaries.
      The conferees direct the Secretary of the Army to use the 
$600,000 provided for the Truckee Meadows, Reno, Nevada, 
project authorized by Section 3(a)(10) of the Water Resources 
Development Act of 1988 to resume preconstruction engineering 
and design incorporating recent data from the 1996/1997 
flooding event.
      The conference agreement includes $200,000 for the Corps 
of Engineers to participate in the development of Special Area 
Management Plans in Orange and San Diego Counties, California, 
as described in the House report.
      The conference agreement includes $500,000 for the Corps 
of Engineers to modify the Lower West Branch Susquehanna River 
Basin Environmental Restoration, Pennsylvania, reconnaissance 
study to address the wide range of complex water resources 
problems in the large study area which includes Clinton, 
Northumberland, Lycoming, Sullivan, Tioga, and Union Counties, 
Pennsylvania and, as requested, to negotiate separate 
feasibility study agreements with state, county, and other 
public interests for subwatersheds within the river basin.
      The conference agreement includes $500,000 as proposed by 
the Senate for a study of the Grand Neosho River basin in 
Oklahoma as proposed by the Senate. The conferees have agreed 
to move the funds for this effort to the Operation and 
Maintenance, General account.
      The conferees agree that funds provided for the Lower 
Platte River and Tributaries, Nebraska, study should also be 
used to conduct studies authorized by Section 503(d)(11) of the 
Water Resources Development Act of 1996.
      For the Lower Potomac Estuary Watershed, Virginia and 
Maryland, study, the conferees expect the Corps of Engineers to 
negotiate separate feasibility study cost-sharing agreements 
with state and local interests in Virginia and Maryland for 
individual sub-basins within the watershed.
      The conference agreement includes $8,500,000 for 
Coordination Studies With Other Agencies. Within the funds 
provided, the conferees urge the Corps of Engineers to work 
with the Riverside County, California, Flood Control and Water 
Conservation District to complete the floodplain maintenance 
plan for Murrieta Creek and to participate in the development 
of Special Area Management Plans in southern California in 
coordination with the State of California Natural Community 
Conservation Planning Program. In addition, the amount provided 
includes $400,000 for the Pacific Northwest forest case study 
as described in the Senate report.
      The conference agreement includes $32,000,000 for the 
Corps of Engineers Research and Development program instead of 
$27,000,000 as proposed by the House and $37,000,000 as 
proposed by the Senate. The amount provided includes $2,000,000 
for the development of strategies for the control of zebra 
mussels and the full budget request for the CFIRMS program.
      The conferees have included language in the bill 
earmarking funds for the following projects in the amounts 
specified: Delaware Bay Coastline, Delaware and New Jersey, 
$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; 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.
      The conference agreement deletes funds earmarked in the 
Senate bill for the Norco Bluffs, California, project. This 
project has been funded in the Construction, General, account.
      The conference agreement deletes language contained in 
the Senate bill providing funds for the Tahoe Basin study in 
California and Nevada. The amount appropriated for General 
Investigations includes $750,000 for this project. The 
conference agreement also deletes language contained in the 
Senate bill providing funds for preconstruction engineering and 
design for the Delaware Coast from Cape Henlopen to Fenwick 
Island, Delaware, project. The amount appropriated for General 
Investigations includes $300,000 for preconstruction 
engineering and design of the project.
      The conference agreement includes language proposed by 
the House which directs the Corps of Engineers to initiate 
feasibility phase studies of extending commercial navigation on 
the Red River upstream of Shreveport-Bossier, Louisiana, into 
southwest Arkansas using previously appropriated funds and 
language proposed by the House which directs the Corps of 
Engineers to initiate feasibility phase studies for the 
Metropolitan Louisville, Southwest, Kentucky, study.
      The conferees have also included language in the bill 
directing the Corps of Engineers to use $150,000 to implement 
Section 211(f)(8) of the Water Resources Development Act of 
1996 and to reimburse the non-Federal sponsor a portion of the 
Federal share of project costs for the White Oak Bayou, Texas, 
project, and language directing the Corps of Engineers to use 
$500,000 to implement Section 211(f)(7) of the Water Resources 
Development Act of 1996 and to reimburse the non-Federal 
sponsor a portion of the Federal share of project costs for the 
Hunting Bayou, Texas, project.

                         Construction, General

      The conference agreement appropriates $1,473,373,000 for 
Construction, General, instead of $1,475,892,000 as proposed by 
the House and $1,284,266,000 as proposed by the Senate.
      The conferees agree with the language in the Senate 
report regarding the Faulkner's Island, Connecticut, project.
      The Secretary of the Army is directed to use $600,000 of 
available funds to plan and implement a flood warning system 
for Reno, Nevada, using, to the maximum extent possible, work 
of non-Federal entities.
      The conference agreement includes $1,140,000 for the 
Canaveral Harbor Deepening, Florida, project. The funds 
provided include $640,000 to reimburse the local sponsor for 
the Federal share of revetment work completed by the sponsor 
and $500,000 for widening of the entrance channel.
      With the funds provided for the East Rockaway Inlet to 
Rockaway Inlet and Jamaica Bay, New York, project the conferees 
direct the Corps of Engineers to initiate a reevaluation report 
to identify more cost-effective measures of providing storm 
damage protection for the project. In conducting the 
reevaluation, the Corps should include consideration of using 
dredged material from maintenance dredging of East Rockaway 
Inlet and should also investigate the potential for ecosystem 
restoration within the project area.
      Within the funds provided for the Chesapeake Bay 
Environmental Restoration and Protection Program, the conferees 
expect the Corps of Engineers to give priority to projects that 
protect the environmental, historic, and cultural resources of 
Smith Island, Maryland and Virginia.
      The conference agreement provides funding for small boat 
harbor projects at Knife River, McQuade Road (Duluth), Taconite 
Harbor, and Two Harbors, Minnesota. Each of these projects is 
fully authorized. By providing funding for these projects, the 
conferees intend that these badly needed projects proceed 
expeditiously, and direct the Secretary of the Army to expedite 
the consideration and construction of these projects. In 
addition, the Secretary is to preserve scarce Federal, state, 
and local resources by utilizing a flexible approach in 
pursuing these projects. The managers are aware that, in the 
construction of another small boat harbor at Silver Bay, a 
cooperative effort with state and local interests allowed for 
the swift and satisfactory completion of the project. The 
managers direct the Secretary to employ similar procedures, 
including using existing feasibility and other study documents 
and designs prepared by the State of Minnesota, and to 
construct the project in cooperation with the state.
      The conference agreement includes $3,100,000 for the 
Corps of Engineers to complete planning engineering and design 
and initiate construction of the Lower Basin and Stony Brook 
portions of the Raritan River Basin, Green Brook Sub-Basin, New 
Jersey, project. Within the funds provided, $100,000 shall be 
used to reevaluate alternative plans for the Upper Basin 
portion of the project. Language has been included under 
General Provisions, Corps of Engineers--Civil, which provides 
that no funds made available in this Act or any other Act for 
any fiscal year may be utilized 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.
      The conference agreement includes $95,000,000 for the 
Columbia River Juvenile Fish Mitigation program in Washington, 
Oregon, and Idaho instead of $85,000,000 as proposed by the 
House and $117,000,000 as proposed by the Senate. The conferees 
note that the budget request for this program appeared to 
reflect the pursuit of multiple restoration strategies. Some of 
these may not be adopted, rendering expensive measures 
obsolete. The conferees request the Northwest Power Planning 
Council, with assistance from the Independent Scientific 
Advisory Board (to the extent that the Board feels it can 
participate without compromising its primary function), 
established jointly with the National Marine Fisheries Service, 
to conduct a review of the major fish mitigation capital 
construction activities proposed for implementation at the 
Federal dams in the Columbia River Basin including those called 
for in the 1995 Biological Opinion of the National Marine 
Fisheries Service regarding the Snake River salmon. The review 
shall be completed by June 30, 1998. Upon completion of the 
review, the Corps of Engineers shall seek regional 
recommendations, as provided by the Bonneville Power 
Administration Fish and Wildlife Budget Memorandum of Agreement 
dated September 16, 1996, on implementing the recommendations 
contained in the review. In addition, the findings of the 
review shall be supplied to the House and Senate Appropriations 
Committees.
      The conference agreement includes a total of $58,267,000 
for the Levisa and Tug Forks of the Big Sandy River and Upper 
Cumberland River project. In addition to the amounts in the 
budget request, the conference agreement includes: $26,390,000 
for the Harlan, Williamsburg, and Middlesboro, Kentucky, 
elements; $5,300,000 for the Pike County, Kentucky, element; 
$5,000,000 for the Martin County, Kentucky, element; $700,000 
for the Town of Martin, Kentucky, element; $500,000 for a 
Detailed Project Report for the Buchanan County, Virginia, 
element; $1,000,000 for the Hatfield Bottom, West Virginia, 
element; $6,300,000 for the Lower Mingo (Kermit), West 
Virginia, element; $150,000 for a Detailed Project Report for 
the Lower Mingo, West Virginia, element; $3,000,000 for the 
Upper Mingo, West Virginia, element; $1,200,000 for the Wayne 
County, West Virginia, element; $400,000 for a flood warning 
system for the Levisa Basin; and $400,000 for a flood warning 
system for the Tug Fork Basin. In addition, the conferees are 
aware of the flood situation at Haysi Dam and urge the Corps of 
Engineers to reevaluate the benefit-cost analysis and provide 
to the Committees on Appropriations of the House and the Senate 
a report on the Haysi Dam, Virginia, element of the project 
prior to submission of the fiscal year 1999 budget. The 
conference agreement also deletes language proposed by the 
Senate which provided that flood warning systems for the Tug 
Fork and Levisa Basins would be undertaken at full Federal 
expense.
      Using $463,000 of the funds provided for the LaFarge Lake 
and Kickapoo River, Wisconsin, project, the Corps of Engineers 
is directed to complete the Memorandum of Understanding between 
the Ho-Chunk Nation and the State of Wisconsin, evaluate a 
conservation easement, covenant, or other appropriate legal 
instrument for the protection of archeological resources at the 
site, start processing real estate documents for future land 
transfers, and continue coordination activities as authorized 
by the Water Resources Development Act of 1996. The remaining 
$250,000 is for planning and engineering of the highway 
relocations and to complete required NEPA documentation as 
authorized.
      The conference agreement includes $40,000,000 for the 
Section 205 program. Using those funds, the Corps of Engineers 
is directed to proceed with the projects described in the House 
and Senate reports. For the Lake Carl Blackwell project in 
Oklahoma, the Corps of Engineers may use available funds to 
proceed with plans and specifications for the project. In 
addition, the Corps of Engineers is directed to proceed with 
studies of flooding problems along Dry Creek in Cortland 
County, New York, and the Lamoille and Missisquoi Rivers in 
Vermont.
      The conferees agree that the Huntsville Spring Branch, 
Alabama, project funded by the House under Section 206 of the 
Water Resources Development Act of 1996 should proceed as a 
small flood control project under the Section 205 program. The 
conferees also agree that the Reno, Nevada, project and the 
Lycoming County, Pennsylvania, project should proceed under the 
Section 205 program.
      The conference agreement includes $11,000,000 for the 
Section 14 program. Using those funds, the Corps of Engineers 
is directed to proceed with the projects described in the House 
and Senate reports.
      The conference agreement includes $3,000,000 for the 
Section 103 program. Using those funds, the Corps of Engineers 
is directed to proceed with the projects described in the House 
report.
      The conference agreement includes $11,400,000 for the 
Section 107 program. Using those funds, the Corps of Engineers 
is directed to proceed with the projects described in the House 
and Senate reports.
      The conference agreement includes $2,000,000 for the 
Section 208 program. Using those funds, the Corps of Engineers 
is directed to proceed with the projects described in the House 
report.
      The aquatic restoration project at Hamilton Army Airfield 
in Marin County, California, funded under the Section 204 
program by the House has been funded under the General 
Investigations account.
      The conference agreement includes $21,175,000 for the 
Section 1135 program. Using those funds, the Corps of Engineers 
is directed to proceed with the projects described in the House 
and Senate reports.
      The conference agreement includes $6,000,000 for the 
Section 206 program. Using those funds, the Corps of Engineers 
is directed to proceed with the projects described in the House 
and the Senate reports. In addition, the Corps of Engineers is 
directed to proceed with a project to restore environmental 
resources along Cache Creek in California. Abandoned gravel 
pits along the lower Cache Creek corridor would be used to 
restore seasonal and permanent wetlands and riparian habitat.
      The conferees have included language in the bill 
earmarking funds 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; Harlan, Williamsburg, and 
Middlesboro (Levisa and Tug Forks of the Big Sandy River and 
Upper Cumberland River), Kentucky, $26,390,000; Martin County 
(Levisa and Tug Forks of the Big Sandy River and Upper 
Cumberland River), Kentucky, $5,000,000; Pike County (Levisa 
and Tug Forks of the Big Sandy River and Upper Cumberland 
River), Kentucky, $5,300,000; Town of Martin (Levisa and Tug 
Forks of the Big Sandy River and Upper Cumberland River), 
Kentucky, $700,000; Levisa Basin Flood Warning System (Levisa 
and Tug Forks of the Big Sandy River and Upper Cumberland 
River), Kentucky and Virginia, $400,000; 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 
Stormwater Discharge, Louisiana, $3,000,000; Jackson County, 
Mississippi, $3,000,000; Natchez Bluff, Mississippi, 
$4,000,000; Pearl River (Walkiah Bluff), Mississippi, 
$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, Pennsylvania, $30,000,000; 
Wallisville Lake, Texas, $9,200,000; Virginia Beach, Virginia 
(Reimbursement), $925,000; Virginia Beach (Hurricane 
Protection), Virginia, $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 Tributaries Supplement (Levisa and Tug 
Forks of the Big Sandy River and Upper Cumberland River), West 
Virginia, $150,000; Upper Mingo County (Levisa and Tug Forks of 
the Big Sandy River and Upper Cumberland River), West Virginia, 
$3,000,000; Tug Fork Basin Flood Warning System (Levisa and Tug 
Forks of the Big Sandy River and Upper Cumberland River), West 
Virginia, $400,000; and Wayne County (Levisa and Tug Forks of 
the Big Sandy River and Upper Cumberland River), West Virginia, 
$1,200,000.
      For the South Central Pennsylvania Infrastructure 
Program, within the $10,000,000 provided for water-related 
environmental infrastructure and resource protection and 
development projects in Lackawanna, Lycoming, Susquehanna, 
Wyoming, Pike, and Monroe Counties in Pennsylvania, $1,000,000 
is for Olyphant Borough, Lackawanna County; $1,000,000 is for 
Jefferson Township, Lackawanna County; $2,000,000 is for Scott 
Township Water and Sewer Authority, Lackawanna County; 
$2,850,000 is for Westfall Municipal Sewage Authority, Pike 
County; $800,000 is for the Township of Tobyhanna Sewer 
Authority, Monroe County; $750,0000 is for Thompson Borough, 
Susquehanna County; $900,000 is for Old Lycoming Township Sewer 
Authority, Lycoming County; and $700,000 is for Lycoming County 
Water and Sewer Authority for a public sewer extension in 
Armstrong Township, Lycoming County.
      The conference agreement includes language in the bill 
directing the Secretary of the Army to: use $225,000 to 
undertake repairs to the flume and conduit at Hagerman's Run 
for the flood control project at Williamsport, Pennsylvania; 
proceed with design and construction of the Southeast 
Louisiana, Louisiana, project using continuing contracts 
consistent with the limit of the authorized appropriation 
ceiling; incorporate the economic analyses for the Green Ridge 
and Plot Sections of the Lackawanna River, Scranton, 
Pennsylvania, project with the analysis for the Albright Street 
section of the project and cost-share and implement the 
combined sections as single project; combine three separate 
navigation improvements projects in Wilmington Harbor, North 
Carolina, into a single project; to use $20,000,000 to initiate 
construction of the Houston-Galveston Navigation Channels, 
Texas, project and execute a Project Cooperation Agreement for 
the entire authorized project.
      The conferees are aware that the U.S. Army Corps of 
Engineers has determined, pursuant to the requirements of 
Section 533(d) of the Water Resources Development Act of 1996, 
that additional work to be carried out on the Southeast 
Louisiana, Louisiana, project with funds in excess of the 
amount authorized to be appropriated in Section 533(c) of said 
Act is technically sound, environmentally acceptable, and 
economic. Therefore, the conferees direct the Corps of 
Engineers to proceed immediately with design and construction 
of the entire Southeast Louisiana project.
      The conference agreement also includes language that 
increases the appropriation ceiling for the Rillito River, 
Arizona, project and language that provides $5,000,000 for the 
Corps of Engineers to initiate construction of an emergency 
outlet from Devils Lake, North Dakota, to the Sheyenne River 
subject to a number of conditions. The Senate language has been 
amended to make technical corrections regarding the designation 
of the project as an emergency.
      The conference agreement deletes funds earmarked in the 
House bill for the Flint River, Michigan, project. The project 
has been funded in the Operation and Maintenance, General 
account.
      The conference agreement deletes language contained in 
the Senate bill earmarking funds for the Red River Emergency 
Bank Protection, Arkansas, project.
      The conferees direct the Secretary of the Army to 
consider the recommendation of the Special Reevaluation Report 
for the McCook Reservoir, Illinois, project as developed by the 
Corps of Engineers Chicago District. The conference agreement 
deletes language contained in the Senate bill regarding this 
issue.
      The conference agreement also includes bill language 
directing the Secretary of the Army to use $2,000,000 to 
implement Section 211(f)(6) of the Water Resources Development 
Act of 1996 and to reimburse the non-Federal sponsor for a 
portion of the Federal share of the project costs for the Brays 
Bayou, Texas, project.
      In light of the current budgetary situation, the 
conferees are concerned with the funding implications 
associated with any projects which the Secretary of the Army 
approves for construction by non-Federal sponsors under 
reimbursement authorities, such as Section 211 of the Water 
Resources Development Act of 1996. The conferees are 
particularly concerned with the ability to provide funding for 
reimbursement agreements while trying to meet the funding 
demands for ongoing Federal construction projects nationwide. 
Therefore, the conferees direct the Secretary of the Army to 
notify the Committees on Appropriations of the House and the 
Senate prior to initiating negotiations for a reimbursement 
agreement for construction of any project. Such notification 
shall include the total commitment and the annual requirements 
that the Administration proposes to support in future budget 
submissions. The conferees urge the Secretary to reimburse a 
non-Federal sponsor for applicable costs only after the 
Secretary and the non-Federal sponsor have entered into a 
formal written agreement specifying the terms and conditions 
for the reimbursement. Given the need to establish a 
disciplined and orderly schedule for reimbursements, the 
conferees expect that the terms of the agreement will specify 
that reimbursements for the Federal share of project costs will 
be provided on an incremental basis in accordance with the 
terms of the agreement and on a schedule that would be 
consistent with a Federal construction schedule. In addition, 
in recognition of the need to protect the Federal interest, the 
conferees suggest that the Secretary include a provision in the 
agreement that will allow the Secretary to withhold scheduled 
reimbursements to the non-Federal sponsor or require the non-
Federal sponsor to remit previously received reimbursements in 
the event that the sponsor fails to complete the entire project 
or a separable element of the project.

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

      The conference agreement appropriates $296,212,000 for 
Flood Control, Mississippi River and Tributaries instead of 
$285,450,000 as proposed by the House and $289,000,000 as 
proposed by the Senate.
      The conference agreement provides $31,000,000 for the 
Mississippi River Levees element of the Mississippi River and 
Tributaries project. The increase over the budget request shall 
be used to bring mainline levees up to grade as described in 
the House report and to advance construction of the Commerce to 
Birds Point levee in Missouri.
      The conference agreement includes $900,000 with which the 
Corps of Engineers is directed to complete preconstruction 
engineering and design and initiate construction for the 
Louisiana State Penitentiary Levee project.
      The conferees expect the Corps of Engineers to expedite 
work on East Goose Creek in Oxford, Mississippi, under the 
Yazoo Basin Demonstration Erosion Control Program.
      The conference agreement includes language proposed by 
the Senate authorizing and directing the Corps of Engineers to 
use funds appropriated in this Act or previously appropriated 
funds to complete remedial measures to prevent slope 
instability at Hickman Bluff, Kentucky.
      The conference agreement includes language which directs 
the Secretary of the Army to use up to $4,000,000, including 
$1,900,000 appropriated in this Act, to dredge Sardis Lake, 
Mississippi, at full Federal expense, and which directs the 
Secretary of the Army to conduct, at full Federal expense, the 
necessary environmental assessment and impact studies for the 
initial components of Sardis Lake development.

                   Operation and Maintenance, General

      The conference agreement appropriates $1,740,025,000 for 
Operation and Maintenance, General, instead of $1,726,955,000 
as proposed by the House and $1,661,203,000 as proposed by the 
Senate.
      The conferees have provided an additional $150,000 under 
the McNary Lock and Dam project in Oregon and Washington for 
the Corps of Engineers to address questions and concerns raised 
in litigation associated with the Kennewick Man skeleton, 
ancient remains found at Columbia Park on the Columbia River 
near Kennewick, Washington. The additional funds will allow the 
Corps to continue to store the remains in a manner that 
preserves their scientific, historic, and cultural value, 
address questions regarding testing of material, conduct site 
evaluations, and acquire expert services.
      The conferees agree with the language in the Senate 
report regarding the Charleston Harbor, South Carolina, 
project.
      The conference agreement includes $400,000 for the Corps 
of Engineers to proceed with the Corpus Christi Ship Channel, 
Rincon Canal System, Texas, project as authorized by Section 
509 of the Water Resources Development Act of 1996.
      For the Green Bay Harbor, Wisconsin, diked disposal 
project, the conferees expect the Corps of Engineers to use the 
funds provided to expand the existing Section 123 facility at 
Bay Port using the local and state approved designs. Further, 
the conferees intend the Bay Port expansion to be funded using 
the funding arrangements specified in Section 201 of the Water 
Resources Development Act of 1996.
      The attention of the Corps of Engineers is directed to 
the following projects in need of maintenance or review: 
Alabama-Coosa River navigation system; Brunswick Harbor, 
Georgia; and Little and Murrells Inlets in South Carolina.
      The conference agreement includes language in the bill 
earmarking funds 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.
      The conference agreement includes an additional 
$2,170,000 for the Raystown Lake, Pennsylvania, project for the 
Corps of Engineers to implement recommendations of the 1992 
update of the project Master Plan and for continued operation 
and maintenance of project facilities.
      The conference agreement includes language proposed by 
the House directing the Corps of Engineers to reimburse the 
local sponsor for the Fort Myers Beach, Florida, project for 
maintenance dredging performed by the local sponsor using 
previously appropriated funds.
      The conference agreement includes language proposed by 
the Senate which provides that none of the funds appropriated 
in the Act shall be used for the purpose of acquiring land in 
Jasper County, South Carolina, in connection with the Savannah 
Harbor navigation project and language proposed by the Senate 
authorizing and directing the Corps of Engineers to dredge a 
navigation channel in the Chena River at Fairbanks, Alaska.
      Language has been included in the bill which directs the 
Secretary of the Army to use $6,000,000 of the funds 
appropriated in the Act to extend the navigation channel on the 
Allegheny River project to provide passenger boat access to the 
Kittanning, Pennsylvania, Riverfront Park.
      The conference agreement includes language in the bill 
directing the Corps of Engineers to use $2,500,000 to implement 
measures upstream of Lake Cumberland in Kentucky to intercept 
and dispose of solid waste. The conferees expect the Corps of 
Engineers to proceed with this measure in a manner that is 
economically feasible and in accordance with applicable laws.

                           regulatory program

      The conference agreement appropriates $106,000,000 for 
the Regulatory Program as proposed by the Senate instead of 
$112,000,000 as proposed by the House.
      The conferees expect that the increase provided over the 
amount appropriated in fiscal year 1997 will be used to begin 
implementation of an administrative appeals process for the 
Corps of Engineers Regulatory Program.
      Not later than 30 days after the date of enactment of 
this Act, the Secretary of the Army, acting through the Chief 
of Engineers, is urged to make a final decision with respect to 
the permits applied for under permit application number 95-2-
00970 for the replacement of the existing 350-foot wood dock 
with a 400-foot concrete extension of the existing Terminal 5 
dock (including associated dredging and filling) in the West 
Waterway of the Duwamish River in Seattle, Washington. The 
Secretary shall not reject that application on the basis of any 
claim of Indian treaty rights, but shall leave any question 
with respect to such rights to be determined in the course of 
judicial review of his action on the same basis as any other 
permit under Section 404 of the Federal Water Pollution Control 
Act (33 U.S.C. 1344).

                 flood control and coastal emergencies

      The conference agreement appropriates $4,000,000 for 
Flood Control and Coastal Emergencies instead of $14,000,000 as 
proposed by the House and $10,000,000 as proposed by the 
Senate.
      The conferees have agreed to include the language 
proposed by the Senate directing that construction of the Ten 
and Fifteen Mile Bayou channel enlargement project be 
considered as an integral part of the St. Francis Basin, 
Arkansas and Missouri, project under the Mississippi River and 
Tributaries account.
      The conferees are concerned that funding provided by PL 
105-18, the Emergency Supplemental Appropriations Act of 1997, 
is not being vigorously applied to necessary repairs and 
projects resulting from the disaster events of 1996 and 1997 
because of an overly restrictive interpretation of PL 84-99 by 
the Corps of Engineers.
      For example, the Corps of Engineers has determined that 
many of the levees in the Sacramento and San Joaquin River 
Basins, California, which were affected by this year's 
catastrophic flood, are ineligible for repair and 
rehabilitation with Flood Control and Coastal Emergency funds 
due to conditions which are considered to have existed before 
the flood. In addition, some projects have been rejected by not 
considering the economic benefits to the system as a whole.
      Problems across the country are similar, where the Corps 
has ruled projects ineligible that may be within the scope of 
the statute and are likely to prevent even greater expenditures 
should there be future disasters. The problem is particularly 
acute because of the unknown effects of the impending El Nino 
weather system and the imminent threat that it poses to many 
areas of the country.
      The conferees are committed to ensuring that the people 
and their homes, schools, and economic livelihoods, as well as 
critical infrastructure, are protected against future floods 
and direct the Corps of Engineers to perform an immediate 
reassessment of all projects considered for funding under PL 
105-18 where PL 84-99 funding has been denied. Every effort 
should be made to make use of the previously-appropriated 
emergency funds for any and all authorized purposes within the 
entire reading of the statute.

            formerly utilized sites remedial action program

      The conference agreement appropriates $140,000,000 for 
the Formerly Utilized Sites Remedial Action Program (FUSRAP) 
instead of $110,000,000 as proposed by the House and 
$162,000,000 as proposed by the Senate. The conference 
agreement also transfers the FUSRAP program from the Department 
of Energy to the U.S. Army Corps of Engineers for program 
execution. The Corps currently manages and executes a similar 
program, the Formerly Used Defense Sites program, for the 
Department of Defense, and the conferees believe there are 
significant cost and schedule efficiencies to be gained by 
having the Corps manage FUSRAP as well.
      The conferees are aware of the concerns expressed that a 
transition from one Federal agency to another may create 
unnecessary delays in the program. The conferees expect the 
Department of Energy and the Corps to make every effort to 
ensure that this transition goes smoothly, that execution of 
the program is maintained in accordance with current schedules, 
and that overall execution performance is improved. The 
Department of Energy recently announced that it will complete 
the existing management and operating contract for the FUSRAP 
program with a contract change becoming effective in the spring 
of 1998. The conferees expect the program to continue within 
the existing contract framework during that period, and will 
expect minimal disruption in operations during that time as the 
terms of current contracts are honored.
      The conferees direct the Corps of Engineers to review the 
baseline cost, scope, schedule, and technical assumptions for 
each of the cleanup sites, and determine what actions can be 
taken to reduce costs and accelerate cleanup activities. The 
Corps should determine if it is possible and/or reasonable to 
meet the proposed 2002 completion date and report to the 
Committees on Appropriations within 90 days on what steps must 
be taken to meet this date.
      The conferees expect the Chief of Engineers to select an 
organization and process within the Corps which can execute 
this high priority program most effectively and efficiently. To 
avoid potential jurisdictional problems, however, overall 
program management, schedule and resource priority setting, and 
principal point of contact responsibilities for FUSRAP are to 
be handled as part of, and integrally with, the overall Civil 
Works program of the Corps.

                            general expenses

      The conference agreement appropriates $148,000,000 for 
General Expenses as proposed by the House and the Senate.

                             revolving fund

      The conference agreement includes language proposed by 
the Senate which permits the Corps of Engineers to use amounts 
in the Revolving Fund for an addition to the Alaska District's 
main office building on Elmendorf Air Force Base and which 
directs that the Revolving Fund shall be reimbursed from the 
benefiting appropriations by collections each year of user fees 
sufficient to repay the capital cost of the asset and to 
operate and maintain the asset.

                           General Provisions

                       Corps of Engineers--Civil

      The conference agreement deletes language proposed by the 
Senate which provides that the Secretary of the Army, in fiscal 
year 1998, shall advertise for competitive bid at least 
8,500,000 cubic yards of the hopper dredge volume accomplished 
with Government-owned dredges in fiscal year 1992 and which, 
notwithstanding the provisions of this section, authorizes the 
Secretary of the Army to use the Corps of Engineers dredge 
fleet to undertake projects under certain conditions.
      The conference agreement includes language proposed by 
the Senate which authorizes and directs the Secretary of the 
Army to provide planning, design, and construction assistance 
to non-Federal interests in carrying out water related 
environmental infrastructure and environmental resources 
development projects. The Senate language has been amended to 
provide that the authority will be limited to fiscal year 1998 
and to projects in the State of Alaska. The conference 
agreement provides $5,000,000 for the Corps of Engineers to 
carry out the provisions of this section.
      The conference agreement includes language proposed by 
the Senate regarding the Raritan River Basin, Greenbrook Sub-
basin flood control project in New Jersey. The Senate language 
has been amended to provide that none of the funds made 
available under this Act or any other Act for any fiscal year 
may be used to construct the Oak Way detention structure or the 
Sky Top detention structure in Berkeley Heights, New Jersey, 
rather than carry out any plan for, or otherwise construct, the 
Oak Way detention structure or the Sky Top detention structure 
in Berkeley Heights, New Jersey.
      The conference agreement deletes language proposed by the 
Senate which provides that none of the funds appropriated in 
this Act may be used to consider any application for a permit 
that, if granted, would result in the diversion of groundwater 
from the Great Lakes basin.



                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project

                central utah project completion account

      The conference agreement appropriates $41,153,000 to 
carry out the provisions of the Central Utah Project Completion 
Act as proposed by the House and the Senate.

                         bureau of reclamation

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

                      water and related resources

      The conference agreement appropriates $694,348,000 for 
Water and Related Resources instead of $651,931,000 as proposed 
by the House and $688,379,000 as proposed by the Senate.
      The conference agreement includes $56,442,000 for the 
Central Arizona Project, $4,796,000 below the budget request. 
The conferees direct that $3,245,000 of the reduction be 
derived from native fish protection activities. The remainder 
of the reduction should be derived from noncontract costs.
      The conference agreement includes $4,700,000 for the 
Applied Science and Technology Development program. Within the 
amount provided, $1,000,000 is for completion of the in-situ 
copper mining research project. In addition, $300,000 has been 
provided for Bureau of Reclamation oversight of that program 
and for related technology transfer activities.
      The conference agreement includes an additional 
$1,500,000 for the completion of design and initiation of 
construction of the fish screen at the Contra Costa Canal 
intake at Rock Slough in California.
      The conference agreement includes an additional 
$3,000,000 for the Anadromous Fish Screen Program. Within funds 
available to the Anadromous Fish Screen Program, including 
funds appropriated in fiscal year 1997, the conferees direct 
the Bureau of Reclamation to fund the following fish screen 
projects at the levels indicated below: Reclamation District 
108, $5,000,000; Reclamation District 1004, $2,625,000; and 
Princeton-Glenn-Codora and Provident Irrigation Districts, 
$2,500,000.
      The conference agreement includes $6,000,000 for the 
Animas-La Plata project as proposed by the Senate. The 
conferees continue to support the Animas-La Plata project in 
Colorado and New Mexico, which is necessary to satisfy the 
requirements of the Colorado Ute Indian Water Rights Settlement 
Act of 1988. Controversy has delayed the construction of the 
project by the Bureau of Reclamation despite the commitments 
made in the Settlement Act and a subsequent directive by the 
Congress that those portions of the project which were approved 
under the Endangered Species Act should be constructed without 
delay. In the last year, the Governor of Colorado and the 
Secretary of the Interior have convened the project supporters 
and opponents in a process intended to seek resolution of the 
controversy. The Colorado process calls for a project proposal 
from parties to the settlement as well as one from those who 
oppose the project as presently contemplated. The conferees 
direct that funds previously appropriated for the project and 
still available are to be used for the project and advancement 
of a modified project from the process which meets the original 
intent of the Settlement to provide a new supply of water to 
meet the present and future needs of the Ute Tribes and the 
surrounding region. In the event such a project is advanced, 
the Department of the Interior and other Federal agencies are 
directed to utilize to the fullest extent the existing 
environmental compliance documents.
      The conferees direct the Bureau of Reclamation to notify 
the Committees on Appropriations of the House and the Senate 
before reprogramming any funds from the Equus Beds Groundwater 
Recharge Demonstration Project in Kansas. The conferees 
understand that the project is being cost shared on a 50-50 
basis.
      The conference agreement includes $300,000 for the Bureau 
of Reclamation to work with local interests to identify the 
most effective voluntary water conservation practices 
applicable to the Walker River Basin in Nevada, and to quantify 
the contribution that voluntary conservation can make to 
solving the water resources problems in Walker Lake and the 
basin as a whole.
      The conference agreement includes $400,000 for NEPA 
compliance and design activities associated with the Rio Grande 
Conveyance/Pipeline project in New Mexico and Texas.
      The conferees are concerned with the impacts on 
recreation and resident fish populations resulting from the 
operating regimes at Hungry Horse and Grand Coulee Dams. The 
Northwest Power Planning Council has developed a regionally 
approved plan, known as the Columbia River Basin Fish and 
Wildlife Program, and the Secretary of the Interior, acting 
through the Bureau of Reclamation, should consider the 
Council's program and operate the projects in a manner 
consistent with the program.
      The conferees direct that of the $500,000 provided for 
facility operation and maintenance on the Newlands Project in 
Nevada, that $300,000 shall be applied to the costs of 
supplying water to the Stillwater National Wildlife Refuge and 
to recovery of endangered fish in accordance with the Truckee-
Carson Pyramid Lake Water Rights Settlement Act, Public Law 
101-618, and the Truckee River Water Quality Agreement. 
Further, $200,000 shall be used to assist the town of Fernley, 
Nevada, and the Pyramid Lake Tribe, on behalf of the town of 
Wadsworth in evaluating the joint municipal water source and 
delivery system, a wastewater conveyance source, and wastewater 
reclamation for the Fernley Wildlife Management Area.
      The conference agreement includes $5,759,000 for the 
Wetland Development Program. Within the amount recommended, the 
conferees have included $1,450,000 under fish and wildlife 
management and development for the Bureau of Reclamation to 
undertake Central Arizona Project fish and wildlife activities.
      The conferees are in agreement with the language in the 
House report regarding operation and maintenance (O&M) costs, 
deficits, and budget development. With regard to water rate-
setting policies, the conferees urge the Bureau of Reclamation 
to review and, where necessary, consider modification to these 
policies to ensure that current O&M water rate revenues are 
applied against O&M expenses with any deficiency resulting in 
an O&M deficit to the water contractor.
      The conference agreement includes language proposed by 
the House regarding the Coolidge Dam, San Carlos Irrigation 
project in Arizona.
      The conference agreement includes language proposed by 
the Senate providing $500,000 for the installation of drains in 
the Pena Blanca area of New Mexico to prevent seepage from 
Cochiti Dam.
      The conference agreement includes language proposed by 
the Senate providing that funds available for expenditure for 
the Departmental Irrigation Drainage Program may be expended 
for site remediation on a non-reimbursable basis.
      The conference agreement includes language proposed by 
the Senate to increase the authorized level of appropriations 
for the municipal, rural, and industrial water systems for the 
Fort Berthold, Standing Rock, and Spirit Lake Nation in order 
to allow activities to continue. The Senate language has been 
amended to make technical corrections.
      The conference agreement deletes language proposed by the 
Senate providing $80,000 to complete the feasibility study of 
alternatives for meeting the drinking water needs on the 
Cheyenne River Sioux Reservation and surrounding communities in 
South Dakota. Funding for this project is included in the 
amount appropriated for Water and Related Resources.
      The conference agreement includes language proposed by 
the Senate providing that the Secretary of the Interior may use 
$2,500,000 for the McCall Area Wastewater Reclamation and Reuse 
project in Idaho.
      The conference agreement deletes language proposed by the 
Senate providing $300,000 for planning studies and other 
activities for the Ute Reservoir Pipeline (Quay County portion) 
in New Mexico. Funding for this project is included in the 
amount appropriated for Water and Related Resources.
      The conference agreement deletes language proposed by the 
Senate providing $185,000 for a feasibility study of 
alternatives for the Crow Creek Rural Water Supply System to 
meet the drinking water needs on the Crow Creek Sioux Indian 
Reservation in South Dakota. Funding for this project is 
included in the amount appropriated for water and related 
resources.

               bureau of reclamation loan program account

      The conference agreement appropriates $10,425,000 for the 
Bureau of Reclamation Loan Program Account as proposed by the 
House and Senate.

                central valley project restoration fund

      The conference agreement appropriates $33,130,000 for the 
Central Valley Project Restoration Fund as proposed by the 
Senate instead of $39,130,000 as proposed by the House.
      The conference agreement includes language which provides 
that the Secretary of the Interior shall levy additional 
mitigation and restoration payments totaling no more then 
$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

      The conference agreement appropriates $85,000,000 for the 
California Bay-Delta Ecosystem Restoration program instead of 
$120,000,000 as proposed by the House and $50,000,000 as 
proposed by the Senate.

                       policy and administration

      The conference agreement appropriates $47,558,000 for 
Policy and Administration as proposed by the Senate instead of 
$47,658,000 as proposed by the House.

                             special funds

      The conference agreement deletes language proposed by the 
Senate regarding the Reclamation Fund and the special fund in 
the Treasury created by the Act of December 22, 1987. The 
Bureau of Reclamation has advised the conferees that this 
language is not required.



                               TITLE III

                          Department of Energy

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

                             reprogrammings

      The conference agreement does not provide the Department 
of Energy with any internal reprogramming flexibility in fiscal 
year 1998 unless specifically identified in the House, Senate, 
or conference reports. Any reallocation of new or prior year 
budget authority or prior year deobligations must be submitted 
to the House and Senate Committees on Appropriations in advance 
in writing and may not be implemented prior to approval by the 
Committees.

         external regulation of department of energy facilities

      The conference agreement directs that all new nuclear 
facilities for which construction starts in the year 2000 or 
beyond are to be constructed in accordance with Nuclear 
Regulatory Commission (NRC) licensing standards. The Department 
is directed to consult with the House and Senate Committees on 
Appropriations should implementation of this policy pose 
critical national security concerns with respect to any 
particular nuclear facility.

                       support service contracts

      The conferees agree with the House report language which 
directs the Department to prepare a report on the use of 
support service contractors and the use of management and 
operating contractor and subcontractor employees detailed to 
Headquarters. This report is due on January 30, 1998. The 
Department should consult with the House and Senate Committees 
on Appropriations on the level of detail required in this 
report.
      The conferees continue to be concerned about the 
Department's inappropriate use of support service contractors. 
The Department continues to pay contractors to perform day to 
day functions that should be performed by Federal employees. 
There is a clear distinction between administrative support and 
technical assistance. Support service contractors can play an 
important and cost-effective role in supplying special 
technical expertise unavailable within the Department. However, 
the conferees believe there has been a distinct lack of 
responsible management of these contractors. Therefore, the 
Department is directed to develop a plan to provide more 
effective management of support service contractors without 
increasing the number of Federal employees. This plan is to be 
submitted to Congress at the time of the fiscal year 1999 
budget submission. The Department is directed to reduce the 
number of support service contractors providing administrative 
support and performing inherently governmental functions. 
Remaining support service contractors should include only those 
providing specific technical assistance with a well-defined 
product or service as the deliverable and an established 
completion date for the product or service. These technical 
assistance contracts must meet the Congressional intent of full 
and open competition, fixed price contracts, and performance-
based management.

general reductions necessary to accommodate specific program directions

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

                             Energy Supply

      The conference agreement includes $906,807,000, instead 
of $880,730,000 as proposed by the House and $966,940,000 as 
proposed by the Senate. The conference agreement does not 
include bill language extending the availability of funds in 
this account beyond fiscal year 1998.

                       solar and renewable energy

      The conference agreement includes $346,266,000, which 
includes $301,962,000 for the Office of Energy Efficiency and 
Renewable Energy and $44,304,000 representing research done by 
the Office of Energy Research. This action follows the 
direction provided by the House to put research back into 
research and development. The Office of Energy Efficiency and 
Renewable Energy and the Office of Energy Research are directed 
to work together to ensure that the Department's solar and 
renewable research and development budget reflects the 
cooperation of the two Offices. The Department is directed to 
submit its fiscal year 1999 solar and renewable energy budget 
comprehensively, as it is displayed in the table in this 
conference report.
      Photovoltaic energy systems.--From the amount provided, 
$1,500,000 shall be directed to university research to increase 
university participation in this program and to fund the 
acquisition of photovoltaic test equipment at the participating 
institutions. Furthermore, while developing its FY 1999 budget 
request, the Department is encouraged to consider the funding 
needs of university photovoltaic programs.
      Solar thermal energy systems.--The conference agreement 
does not include the Senate prohibition on funding to deploy 
additional dish/engine systems.
      Biomass/biofuels.--The conference agreement includes 
$98,385,000, which includes $38,635,000 for research done by 
the Officer of Energy Research. The conferees direct that the 
funds be allocated in the following manner: Within ``Power 
systems''--$1,500,000 for thermal conversion, $23,000,000 for 
system development, $3,000,000 for biomass cogeneration, and 
$750,000 for the Gridley rice straw project; and, within 
``Biofuels''--$27,000,000 for ethanol production, including 
$4,000,000 for the biomass ethanol plant in Jennings, 
Louisiana, and $2,500,000 for the Consortium for Plant 
Biotechnology Research. The Department is directed to provide 
$3,500,000 for feedstock development and $2,000,000 for the 
regional biomass program each to be equally derived from the 
power systems and biofuels programs.
      Wind.--The conference agreement does not include the 
House prohibition on funding for incremental product 
improvement partnerships with manufacturers.
      International solar energy.--The conference agreement 
includes $1,375,000, an increase of $625,000 over the amount 
provided by the House. The conferees direct that the funding be 
provided for the U.S. initiative on joint implementation as 
provided in the Senate report.
      Hydrogen.--The conference agreement does not include 
House language urging the Department to avoid commitments to 
multi-million dollar demonstration projects. The conference 
agreement includes $3,000,000 for the Russian--American Fuel 
Cell Consortium, $1,000,000 less than the amount provided by 
the Senate.
      Renewable Indian energy resources.--The conference 
agreement includes $4,000,000, the amount provided by the 
Senate, which includes: $2,000,000, the same amount as the 
current year, for the Power Creek Hydroelectric Project in 
Cordova, Alaska; $800,000 for the Old Harbor Hydroelectric 
Project in the Village of Old Harbor, Alaska; $1,000,000 for 
the Upper Lynn Canal Regional Electric Project in Skagway Bay, 
Alaska; and $100,000 to complete studies and confirm the 
feasibility of several small hydroelectric facilities in the 
Village of Scammon Bay, Alaska.
      Electric energy systems and storage.--The conference 
agreement includes up to $1,000,000 for a research and 
development partnership to manufacture electric transmission 
lines using aluminum matrix composite materials.
      Federal buildings/Remote power initiatives.--The House 
and Senate each included proposals intended to direct the 
Department to identify and pursue near term opportunities to 
exploit the strengths of solar and renewable energy 
technologies. The conference agreement includes both 
initiatives and provides $5,000,000 for these activities. The 
Department is directed to provide the House and Senate 
Committees on Appropriations with a program plan which includes 
a funding profile, and criteria for awarding proposals. All 
proposals must include a cost benefit analysis. The Department 
may approve only proposals that have verifiable, favorable cost 
benefits over a period of not more than ten years. Cost 
benefits shall be based exclusively on actual monetary costs 
and savings.
      Program direction.--The conference agreement includes 
$15,651,000 for program direction. The conferees have provided 
additional funds to address the issues raised in the House 
report with regard to program taxes. In short, the Department 
has reallocated program funds to pay for support service 
contractors, equipment, travel, ``cross-cutting'' activities, 
``Assistant Secretary initiatives'' and other activities not 
described in the budget request. All funding for support 
service contracts and the aforementioned activities is provided 
in program direction. The Department is directed to end its 
practice of taxing programs and to allocate funding to programs 
in accordance with allocations stipulated in appropriations 
bills.
      Excessive carryover balances.--The conferees strongly 
endorse the concerns expressed in the House report and direct 
that the Department allocate the prior year balance adjustment 
to programs with consideration given to which programs have 
available carryover funds. The conferees direct that the 
Department allocate new budget authority for solar and 
renewable programs after making an adjustment which reflects a 
careful analysis of each program's share of carryover balances.
      Executive Order 12902.--The conference agreement includes 
the Senate recommendation that the assessment and report be 
done by the Office of Management and Budget (OMB).

                             nuclear energy

      University reactor fuel assistance and support.--The 
recommendation is $7,000,000, a $3,000,000 increase over the 
current fiscal year. The Department is directed to include 
appropriate laboratories, industry groups and universities in 
this program. The conference agreement provides $2,200,000 for 
the core university reactor peer-reviewed Nuclear Engineering 
Education Research (NEER) program. None of the funds are to be 
provided to industry and no less than $5,000,000 is to be made 
available to universities participating in this program.
      Termination costs.--The conference agreement includes 
$77,035,000, including a total of $33,000,000 for 
electrometallurgical-related activities. An additional 
$12,000,000 is provided for nuclear technology research and 
development in Other Defense Activities. The conference 
agreement does not include the Senate recommendation to provide 
$3,000,000 for the advanced light water reactor program. The 
conference agreement includes the Senate reduction to the 
budget request, $1,500,000, for management studies and 
evaluations.
      Isotope support.--The conference agreement recommendation 
for isotope support shall include funds for isotope production 
and distribution including alpha-emitter production, chemistry 
research and preclinical studies.
      Program direction.--The conference agreement combines the 
separate program direction lines in the uranium, isotope 
support and other nuclear energy programs. The amount provided, 
$21,000,000, is $5,110,000 more than the amount provided by the 
House and $3,066,000 less than the comparable amount in the 
budget request.

                     environment, safety and health

      The conference agreement includes $66,050,000, of which 
$23,550,000 is provided for program direction. The conferees 
have provided a more balanced distribution of the program 
direction funding by providing an additional $20,000,000 in the 
defense environment, safety and health program.

                         magnetic fusion energy

      The conferees have adopted the Senate title for this 
program. The conference agreement provides $232,000,000 which 
includes $2,000,000 for fusion irradiation activities currently 
funded under the domestic nuclear energy program.

                          funding adjustments

      The conference agreement includes a $31,535,000 
adjustment reflecting availability of prior year balances, an 
increase of $13,000,000 to the adjustment recommended by the 
House. The Department is directed to evaluate availability of 
prior year balances and allocate this reduction based on that 
evaluation.

                  Non-Defense Environmental Management

      The conference agreement appropriates $497,059,000 
instead of $497,619,000 as proposed by the House and 
$664,684,000 as proposed by the Senate. The conferees have 
agreed to transfer the Formerly Utilized Sites Remedial Action 
Program (FUSRAP) to the Corps of Engineers, and funding for 
this program is contained in Title I of the bill.
      The conferees direct the Department of Energy to assess 
the cost of decommissioning the Southwest Experimental Fast 
Oxide Reactor site in Arkansas and provide a report to the 
Committees on Appropriations by September 30, 1998. The 
conferees further acknowledge the purpose of the Integrated 
Petroleum Environmental Consortium, but do not believe this 
initiative properly falls within the jurisdiction of the Energy 
and Water Development Appropriations Subcommittees.
      The conference agreement funds the University Research 
Program in Robotics at a level of $4,000,000 in the Defense 
Environmental Restoration and Waste Management appropriation 
account.
      The conferees are aware that Advanced Nuclear & Medical 
Systems Inc. (ANMS) which had been the principal proponent for 
delaying the deactivation and decommissioning of the Fast Flux 
Test Facility (FFTF) at Richland, Washington, has withdrawn its 
proposal to convert the FFTF for tritium and medical isotope 
production. On the basis of the original proposal, the 
Department has delayed until December 1998 a decision to shut 
down the reactor, increasing the costs to the government of 
maintaining the reactor in a standby condition. The conferees 
direct the Department to make a determination on the continued 
standby status of the FFTF as part of the fiscal year 1999 
budget submission.

      Uranium Enrichment Decontamination and Decommissioning Fund

      The conference agreement appropriates $220,200,000 as 
proposed by the House instead of $230,000,000 as proposed by 
the Senate. The conference agreement retains bill language 
proposed by the House providing funds for the uranium and 
thorium reimbursement program, and increases the funding level 
of $40,000,000. The conferees agree with the House proposed 
reporting requirements.

                                Science

      The conference agreement includes $2,235,708,000, 
$28,076,000 more than House and $12,631,000 more than the 
comparable Senate amount.
      High energy physics.--The conference agreement provides 
$680,035,000 for high energy physics. This is the amount 
provided by the House and represents a $5,000,000 increase over 
the amount requested by the Administration.
      Nuclear physics.--The conference agreement provides 
$320,925,000 for nuclear physics. This is the amount provided 
by the House and represents a $5,000,000 increase over the 
amount requested by the Administration.

                 Biological and Environmental Research

      The conferees support the peer-reviewed nuclear medicine 
research program in biological imaging at the University of 
California Los Angeles and strongly encourage the Department to 
fully fund that research in fiscal year 1998.
      The Department of Energy will initiate and carry out a 
rigorous, peer-reviewed research program that will apply the 
molecular level knowledge gained from the Department's human 
genome and structural biology research to ascertain the effects 
on levels ranging from cells to whole organisms that arise from 
low-dose-rate exposures to energy and defense-related insults 
(such as radiation and chemicals). By providing a scientific 
basis for determining the effects of low-dose exposure, this 
program will lead to reductions in the uncertainties inherent 
in current calculations and the development of new, more 
reliable risk management methods. The ultimate goal is 
adequate, cost effective health protection for workers and the 
public from radiation, chemicals and waste clean-up that is 
commensurate with actual risks.
      The conferees have included $3,000,000 for this effort in 
fiscal year 1998 and direct the Department to develop a multi-
year program plan, including budgets, for the subsequent ten 
years.
      The conference agreement includes $4,000,000 to upgrade a 
nuclear radiation center to accommodate boron neutron capture 
therapy (BNCT) research in conjunction with the University of 
California--Davis. BNCT is the selective irradiation of tissue 
for treatment of inoperable brain tumors. The conference 
agreement also includes $7,500,000 for design, planning and 
construction of an expansion of the Medical University of South 
Carolina's cancer research center. This addition will provide 
research and treatment areas for the utilization of Positron 
Emission Tomography, using metabolic bio-markers, a ribozyme-
based gene therapy. The conferees are aware of the high rate of 
cancer nationwide, the need to translate basic bio-marker 
research to direct application, and the need for expansion of 
this facility. The conferees have provided $3,000,000 to 
develop proton scanning technology. This effort utilizes the 
existing proton therapy capabilities at the Proton Cancer 
Treatment Center at Loma Linda Medical Center in California in 
cooperation with the Fermi National Accelerator Laboratory. 
This effort will expand the use of this superior radiation 
treatment, enabling more precise, safe, and effective treatment 
of breast, lung and other cancers, without disabling side 
effects. The conference agreement also includes $3,000,000 for 
cancer treatment efforts included in the Medical Research 
Initiative at the University of Rochester Medical Center.
      The conference agreement includes $2,000,000 for 
Englewood Hospital in New Jersey which employs a condensed 
diagnosis process in its breast cancer treatment program. The 
conference agreement also includes $10,000,000 for the 
Northeast Regional Cancer Institute for innovative research 
that supports the Department's exploration of microbial 
genetics. The Department will benefit from the Institute's 
unique assets to pursue medical research related to the Human 
Genome Project. Also, recent breakthrough findings indicate 
that there is a third form of life, the Archaea, whose unique 
properties allow them to flourish under extreme conditions. 
Understanding the genetic basis of these properties promises to 
lead to diverse applications and public benefit. The Department 
has played an early and leading role in supporting this 
research. This new collaboration will expand the Department's 
exploration of the science and applications of these results 
for its energy, environmental, and health effects missions. The 
conference agreement also includes $2,500,000 for design, 
planning and construction of a science and engineering center 
at Highlands University in Las Vegas, New Mexico.
      Human Genome Project.--The conference agreement does not 
include House language opposing the increase proposed in the 
budget request to evaluate ethical, legal and social 
implications of genome research.
      National Institute for Global and Environmental Change 
(NIGEC).--The conference agreement includes $8,200,000, the 
amount provided in the budget request.

                         basic energy sciences

      Experimental Program to Stimulate Competitive Research 
(EPSCoR).--The conference agreement includes $7,000,000, the 
amount provided in the budget request.

                         other energy research

      Computational and technology research.--The conference 
agreement does not include House language regarding the 
transfer of funds to the fusion program, nor the Senate 
language regarding computer equipment for the Institute for 
Computational Chemistry and Molecular Modeling.
      University and science education.--The conference 
agreement does not include the Senate proposal to provide 
$10,000,000 for this program.

                      nuclear waste disposal fund

      The conference agreement appropriates $160,000,000 as 
proposed by both the House and the Senate, including $4,000,000 
to be made available to the Nuclear Regulatory Commission for 
multi-purpose canister licensing, as proposed by the Senate. 
The agreement includes no funding for the State of Nevada as 
proposed by the House, instead of $1,500,000 as proposed by the 
Senate. The agreement includes $5,000,000 for affected units of 
local government instead of $0 as proposed by the House and 
$6,175,000 as proposed by the Senate.
      The agreement includes a reduction of $11,950,000 from 
the science program and a reduction of $16,000,000 for 
personnel costs, training and travel expenses for Federal 
employees, support service contractors, non-safety related 
training for contractor employees, cooperative agreements and 
other programs not directly associated with the performance of 
characterization and interim storage activities.
      The conferees fully expect the Office of Civilian 
Radioactive Waste Management to achieve its Strategic Alignment 
Initiative targets for fiscal year 1998.
      The conferees recognize the capability and availability 
of resources at the University of Nevada-Las Vegas to store 
data and scientific studies related to Yucca Mountain and 
encourage the Department to maximize utilization of this 
resource.

                      departmental administration

      The conference agreement appropriates $218,747,000 for 
Departmental Administration instead of $214,723,000 as proposed 
by the House and $220,847,000 as proposed by the Senate. 
Revenues of $131,330,000 are estimated to be received in fiscal 
year 1998, resulting in a net appropriation of $87,417,000.
      The conference agreement deletes bill language proposed 
by the Senate providing additional amounts for cost of work for 
others provided that such increases are offset by revenue 
increases of the same or greater amount.
      The conference agreement directs the Department to reduce 
staffing through buyouts and attrition to the level which can 
be appropriately supported within the available funds provided 
for fiscal year 1998. No direction to the Department to reduce 
specific organizations has been provided, but the conferees 
expect the Department to assess objectively the workload and 
value added by many of these support and administrative 
organizations and the redundancy existing with program 
organizations which have their own support staffs. Staffing 
reductions are not to be prorated across every organization.
      Of the amount provided for other expenses within 
Departmental Administration, $1,623,000 is available for 
salaries and expenses in the Office of the Secretary to pay the 
salaries and expenses of employees otherwise on detail to the 
Office of the Secretary.
      The conferees have provided $6,000,000 for a corporate 
management information system. The Department is directed to 
provide detailed information on the systems to be acquired, 
project costs and milestones, and a description of how these 
new systems will consolidate, eliminate, or integrate with all 
of the Department's current information systems. This detailed 
analysis is to be provided as part of the fiscal year 1999 
budget submission.
      The conference agreement provides reprogramming authority 
of $1,000,000 or 10 percent, whichever is less, within the 
Departmental Administration account. This should provide the 
needed flexibility to manage this account. Congressional 
notification of the use of this authority is to be provided on 
a quarterly basis.

                    Office of the Inspector General

      The conference agreement includes $27,500,000, as 
proposed by both the House and Senate.

                    Atomic Energy Defense Activities

                           weapons activities

      The conference agreement appropriates $4,146,692,000 
instead of $3,943,442,000 as proposed by the House and 
$4,302,450,000 as proposed by the Senate.
      The conference agreement includes language proposed by 
the Senate providing that funds are available until expended, 
and that funding for any ballistic missile defense program 
undertaken by the Department of Energy for the Department of 
Defense must be provided in accordance with procedures 
established for Work for Others by the Department of Energy.
      Stockpile stewardship.--The conference agreement supports 
increased funding for many activities in the core stockpile 
stewardship program with the following specific adjustments. An 
additional $45,000,000 has been provided for the core research 
and advanced technology program and enhanced non-nuclear 
component assessment and experimental activities. As directed 
by the Senate, $15,000,000 is provided to develop an in-house, 
contingent source of radiation hardened microelectronics. An 
increase of $20,000,000 over the budget request is provided for 
the accelerated strategic computing initiative for a total of 
$224,800,000. An appropriation of $177,002,000, an increase of 
$20,000,000 over the request, is provided to maintain a 
readiness capability to conduct an underground nuclear test at 
the Nevada test site. An additional $30,000,000 is provided for 
infrastructure and equipment needs at the national laboratories 
and the Nevada test site.
      The conferees understand that the Department has unique 
capabilities to assist the Department of Defense in its mission 
of land mine remediation. The conferees urge the Department to 
develop a proposal for a Work for Others program with the 
Department of Defense that would involve testing and 
demonstration of DOE land mine detection technology at the 
Nevada Test Site.
      The conferees are aware of the significant scientific and 
technological advances made in the pulsed power program over 
the past year on the Z-accelerator at Sandia National 
Laboratory. The Department should support continued Z-physics 
experiments and improved diagnostic capabilities in the coming 
year.
      Within the technology transfer program, $10,000,000 is 
provided for the American Textile Partnership (AMTEX). No funds 
are provided for the Partnership for Next Generation Vehicles.
      The conference agreement does not provide additional 
funding for the inertial confinement fusion program, but 
expects the Department to allocate existing funds to fully 
exploit the capabilities of the Nike, Omega, and Nova lasers.
      Stockpile management.--For core stockpile management, the 
conference agreement provides $2,052,150,000, which includes 
the following adjustments to the budget request. An additional 
$35,000,000 is provided in support of the W87 program and to 
provide capability at the Y-12 plant in Oak Ridge, Tennessee, 
in preparation for expected stockpile life extension program, 
$7,500,000 is provided for enhanced surveillance activities, 
and $35,000,000 is provided for manufacturing and 
infrastructure initiatives. Joint development of manufacturing 
technologies with laboratories is increased by $5,000,000, and 
$7,500,000 is provided for the Department's environmental 
surety program. An additional $10,000,000 is recommended to 
sustain the modernization of the weapons complex begun last 
year; and an additional $8,000,000 is included to continue 
upgrades to the existing tritium recycling facility.
      Within the budget request for stockpile management, the 
Department included $45,200,000 for safeguards and security 
activities at the Rocky Flats, Colorado, and Fernald, Ohio, 
environmental cleanup sites. The conference agreement transfers 
that funding to the Defense Facilities Closure Projects 
account.
      The conferees have not provided funding for improvements 
to Greenville Road in Livermore, California. The City of 
Livermore has sought for several years to have funds 
appropriated in this bill for highway construction. The 
conferees are reluctant to proceed down the path of funding 
highways at every Department of Energy facility and urge the 
City to seek funding from more appropriate sources.
      Program direction.--For program direction funding, the 
conference agreement provides $250,000,000, a reduction of 
$53,500,000 from the budget request. The Department anticipates 
carrying unobligated funds into fiscal year 1998 which will 
supplement this appropriation. The reduction is imposed in part 
because of the conferees' frustration that the program has been 
unable to reduce its employee levels to those established by 
the Department's own Strategic Alignment Initiative. The 
Department is directed to meet the Strategic Alignment 
Initiative personnel ceilings which have beenestablished for 
the defense programs organization in fiscal year 1998, and to impose 
the reduction in a manner that results in the implementation of the 
recommendations made by the Institute for Defense Analysis in its 120 
day review of the program's management structure.

         defense environmental restoration and waste management

      The conference agreement appropriates $4,429,438,000 for 
Defense Environmental Restoration and Waste Management instead 
of $5,263,270,000 as proposed by the House and $5,654,974,000 
as proposed by the Senate. Additional funding of $890,800,000 
is contained in the Defense Facilities Closure Projects account 
and $200,000,000 for Environmental Management Privatization, 
for a total of $5,520,238,000 provided for all defense 
environmental management activities.
      The conference agreement deletes language included by the 
Senate earmarking funds for closure projects. The conference 
agreement includes the Senate language providing that funds are 
available until expended.
      Environmental restoration.--The conference agreement 
provides $1,010,973,000 for environmental restoration, which is 
the budget request for all sites with only two exceptions. The 
conference agreement moves funding of $743,600,000, the budget 
request included in environmental restoration for the Rocky 
Flats and Fernald sites, from this program to a new 
appropriation account, Defense Facilities Closure Projects.
      An additional $10,000,000 has been included in the 
environmental restoration program to accelerate cleanup at 
those sites or facilities which can effectively reduce outyear 
mortgage costs with small incremental funding increases. The 
conferees view the acceleration of cleanup of the Hanford 100 
area as a prime example of a project that should continue to 
receive support. A small increase in funds provided in fiscal 
year 1998 could expedite the cleanup of reactors along the 
Columbia River in Hanford's 100 area and significantly reduce 
the outyear mortgages.
      Waste management.--The conference agreement includes the 
funding level of $1,571,644,000 proposed by the Senate for the 
waste management program, an increase of $35,000,000 over the 
budget request. The additional funding should be used to 
continue critical ongoing activities at the Defense Waste 
Processing Facility in South Carolina, the Waste Isolation 
Pilot Plant in New Mexico, and the Hanford tank farm in 
Washington. The conferees have included in the funds otherwise 
available for the Waste Isolation Pilot Plant, $1,748,000, the 
same as the current year, for the Environmental Evaluation 
Group.
      Nuclear materials and facilities stabilization.--The 
conference agreement includes $1,256,821,000 for nuclear 
materials and facilities stabilization. The recommendation 
includes an additional $43,000,000 over the budget request for 
operation of facilities at the Savannah River Site to 
accelerate stabilization of ``at risk'' spent nuclear fuel 
currently stored at the site. The conferees agree with the 
House language on the need for a status report on these 
activities and direct that it be submitted by November 15, 
1997. The conference agreement also provides an additional 
$15,000,000 for the National Spent Fuel Program.
      At the request of the Department, the conference 
agreement consolidates two prior year construction projects at 
the Savannah River Site, the Health Physics Site Support 
Facility and the Environmental Monitoring Laboratory.
      Technology development.--The conference agreement 
provides $220,000,000 for the technology development program. 
As proposed by the House, $4,000,000 is provided for the 
University Research Program in Robotics. Funding of $5,000,000 
is provided for the domestic and international technology 
systems applications programs, and the budget request of 
$40,066,000 is provided to support the private industry 
programs.
      The conference agreement provides $27,000,000 to support 
the Department's efforts to deploy cost-effective new 
technologies. Deployment of new technologies is a strategic 
activity affecting virtually all environmental management 
programs and sites, and should be strongly supported as a 
complex-wide program, not another initiative established and 
maintained in isolation in the technology development 
organization.
      The conferees acknowledge the work done by the 
Department's Environmental Management Advisory Board (EMAB) in 
reviewing these deployment proposals, and would like to focus 
the panel on efforts to change records of decision which hamper 
the consideration and implementation of new technologies which 
may be faster and more cost effective than traditional cleanup 
remedies.
      Six months after enactment of this Act and semi-annually 
thereafter, the Department is to provide a report to the 
Committees on Appropriations on the technologies under 
development within the program. The report should provide a 
description of each technology and its applications, an 
accounting of the Department's investment to date in the 
technology, and an anticipated return on investment.
      The conferees note that technologies developed under this 
program will be of little or no value to the Department unless 
they are incorporated into the Department's environmental 
management records of decision. Regardless of the Department's 
tendency toward ``stove-pipe'' organizational arrangements, the 
Assistant Secretary of Environmental Management is to ensure 
that the Department's contractors are made aware of and utilize 
technologies developed by this program.
      The conference report accompanying the fiscal year 1997 
Energy and Water Development Appropriations Act included a 
recommendation that the Department continue technology 
development on alternatives that might achieve satisfactory 
cleanup results at a significantly lower cost. The conferees 
believe that it would be prudent for the Department to maintain 
a research and development program that focuses on higher risk, 
high-payoff processing and vitrification technologies in 
parallel with ongoing efforts that could serve as a backup in 
the event conditions change. The conferees reaffirm the 
recommendation stated last year and strongly urge the 
Department to undertake a joint, cooperative effort between the 
Offices of Waste Management and Technology Development to 
assess the effectiveness and technical feasibility of the 
modular in-can and in-tank vitrification technology consistent 
with the fiscal year 1997 Energy and Water Development 
Appropriations conference agreement.
      The conferees urge the Department to support a joint, 
cooperative effort between the Offices of Technology 
Development, Environmental Restoration, Waste Management, and 
Nuclear Materials and Facilities Stabilization to develop a 
program to accelerate cleanup of lands which can be transferred 
to the public sector for other uses. Technology demonstrations 
should be directed to contaminated Department of Energy sites 
demonstrating the capability of applying integration of 
technologies to recover useful lands for transfer to the public 
sector. These demonstrations should be in diverse regions of 
the country with the emphasis on a return on investment (ROI) 
analysis withfirm schedules and cost analyses that support the 
ROI analysis. The lands should be determined by the ability to transfer 
them to the private sector in three to five years. The changes required 
to regulations, based on expected reductions of risk, increased public 
safety, and financial benefit to the government must be a specific end 
product of this demonstration. Reports on progress of these programs 
should be submitted to the Committees on Appropriations for information 
on an annual basis with emphasis on completion of specific land 
restoration in three years.
      Environmental science program.--The conferees are pleased 
with the progress to date in implementing the environmental 
basic research science program, and have provided $55,000,000 
for this activity in fiscal year 1998, an increase of 
$5,000,000 over the budget request. From these funds, 
$48,000,000 has been provided for the basic science program, 
and $7,000,000 for risk policy. Of the risk policy funding, 
$4,000,000 is provided for the Consortium for Risk Evaluation 
with Stakeholder Participation (CRESP).
      The conferees agree that the Department is to provide to 
the Committees on Appropriations a list of each research grant 
that has been funded, a description of what cleanup problem is 
to be addressed, and how the grantee is to interact with the 
Department and field sites to address the specific problems.
      Privatization.--The conference agreement provides 
$200,000,000 for the environmental privatization program to 
guarantee the Federal government's commitment to a variety of 
projects for which private financing will be sought by the 
contractors involved in bidding on these activities at 
Department of Energy sites. This funding is to be allocated 
consistent with the direction provided in the Fiscal Year 1998 
National Security Authorization Act. An additional $32,100,000 
for the two privatization projects proposed for Fernald, Ohio, 
has been provided in the Defense Facilities Closure Projects 
account.
      The conferees support statements in the Senate committee 
report on the importance of the tank waste remediation system 
(TWRS) privatization project. TWRS is an absolutely essential 
cleanup priority for the Hanford site. The conferees further 
believe that the funds provided by the conference agreement are 
sufficient for TWRS to proceed on schedule. Combined with last 
year's appropriation, the total budget authority provided by 
Congress for TWRS underscores the commitment to see this 
project completed.
      The conferees also recognize the importance of meeting 
cleanup milestones at the Idaho National Engineering and 
Environmental Laboratory in the court-ordered settlement 
agreement between the Department and the State of Idaho. 
Adequate funds should be provided for this purpose.
      Program direction.--The conferees have provided 
$345,000,000 for the program direction account. The Department 
will carry unobligated balances into fiscal year 1998 which 
will increase the funding available in this account.
      Economic development.--The conference agreement maintains 
the current policy that no cleanup funds are to be used for 
economic development activities. The conferees have provided 
$61,159,000 in the worker and community transition program 
which was established and authorized to fund such activities, 
and expect all economic development activities to be funded 
from that program.

                  defense facilities closure projects

      The conference agreement appropriates $890,800,000 for 
the Defense Facilities Closure Projects account instead of 
$905,800,000 as proposed by the House and $65,000,000 as 
proposed by the Senate. The Department requested $15,000,000 
for closure projects as part of the Defense Environmental 
Restoration and Waste Management appropriation account. The 
conference agreement has established a separate appropriation 
account for closure projects to provide maximum visibility and 
accountability for program activities.
      Last year the conferees expressed significant interest in 
accelerating closure of environmental management sites and 
urged the Department to provide adequate funds to support this 
effort at sites which could be cleaned up within ten years with 
a notable reduction in mortgage costs due to the accelerated 
schedule. The Administration's fiscal year 1998 budget request 
did not implement this direction. The conferees consider this a 
very important issue, and have established a separate 
appropriation account to fund those Department of Energy sites 
which have an established cost, schedule, and project plan 
which permits closure of the entire site by 2006. At this time, 
the conferees are aware of only two sites which meet this 
criteria: Rocky Flats, Colorado, and Fernald, Ohio. The 
Department is urged to develop firm cost, schedule, and 
technical plans for other sites such as Mound and the RMI 
Ashtabula project in Ohio which can be closed by 2006, and 
include those sites in this account in the fiscal year 1999 
budget request.
      The conferees are aware that portions of other sites 
which will continue to have a Department of Energy presence 
beyond 2006 are also candidates for accelerated cleanup 
activities. To accommodate those sites such as Savannah River, 
Hanford, and Oak Ridge, the conferees have provided additional 
funding in the defense environmental restoration program to 
accelerate cleanup activities. Sites with a continued Federal 
presence beyond 2006 are not candidates for the closure 
projects account.
      The conferees are pleased that the Department now 
supports a 2006 closure date for the Rocky Flats site in 
Colorado. With a relatively small increase in funding over the 
budget request in fiscal year 1998, it is anticipated that 
total project costs of $1,000,000.000 can be saved. The 
Department's budget included $598,850,000 for Rocky Flats in 
various program accounts including $44,000,000 funded in the 
Weapons Activity account for safeguards activities. The 
conference agreement consolidates all of this funding and 
provides an additional $33,250,000 for a total of $632,100,000 
for cleanup activities.
      Current cost projections indicate that closing the 
Fernald, Ohio, site by 2006 would cost approximately 
$2,500,000,000, while closing it by 2011 increases costs to 
approximately $2,800,000,000. The conferees' recommendation of 
$258,700,000 provides the budget request from the environmental 
restoration program, $1,200,000 for safeguards from the Weapons 
Activities appropriations, $25,200,000 for the Waste Pits 
Remedial Action project, and $6,900,000 for the Silo 3 Residue 
Waste Treatment project.
      As part of the fiscal year 1999 budget submittal, the 
Department is directed to provide adequate detail showing the 
cost, scope, schedule, and technical assumptions which support 
these project closures by 2006. The Department is directed to 
ensure that the budget justifications provide adequate detail 
to permit Congress to track closure progress on an annual 
basis.
      The current management and organization structure in the 
Environmental Management program at the Department does not 
lend itself to the successful management of dynamic projects 
with established completion dates and fixed price costs. 
Federal management of such projects requires skills quite 
different from the level of effort activities often performed 
at DOE sites. The Department is directed to provide the House 
and Senate Committees on Appropriations within 60 days of 
enactment of this bill with a detailed plan outlining a 
proposed project management structure which reduces the 
numerous layers of Federal bureaucracy through which closure 
projects must report.

                        other defense activities

      The conference agreement includes the Senate language 
providing that funds are available until expended.
      The conference agreement appropriates $1,666,008,000 for 
Other Defense Activities instead of $1,580,504,000 as proposed 
by the House and $1,637,981,000 as proposed by the Senate. 
Details of the conference agreement are provided below.

                 nonproliferation and national security

      The conference agreement provides $658,300,000 for 
nonproliferation and national security instead of $586,700,000 
as proposed by the House and $662,000,000 as proposed by the 
Senate.
      Within the funding for arms control, a total of 
$29,600,000 is provided for the Initiatives for Proliferation 
Prevention (IPP). The House language requiring a separate 
report on the IPP program is eliminated. However, the conferees 
expect the Department to ensure that these funds are used only 
for activities directly related to preventing the exodus of 
nuclear weapons scientists from the former Soviet Union.
      From within available funds for arms control, the 
conference agreement provides $10,000,000 for nuclear material 
security at a site in Kazakstan.
      The conference agreement provides $30,000,000, an 
increase of $10,000,000 over the budget request, for the 
Department's security investigations program. The conferees are 
aware that the Department's budget request was not sufficient 
to support the necessary number of security clearances required 
in fiscal year 1998.
      The conference agreement provides $82,900,000 for the 
program direction account. The conferees direct the Department 
to meet the Strategic Alignment Initiative personnel ceilings 
which have been established for the nonproliferation and 
national security organization in fiscal year 1998 and beyond.

                environment, safety and health (defense)

      The conference agreement provides $94,000,000, an 
increase of $40,000,000 over the budget request, for defense-
related environment, safety and health activities. The 
recommendation provides the Senate funding level for 
programmatic activities, and $20,000,000 for the program 
direction account. Included in the recommendation is $2,000,000 
for the final year of the Hanford thyroid study.

                    worker and community transition

      The conference agreement provides $61,159,000 for the 
worker and community transition program instead of $56,000,000 
as provided by the House and $62,000,000 as provided by the 
Senate. The conferees direct that no other Departmental funds 
be used to provide enhanced severance payments and other 
benefits under the provisions of Section 3161 of the National 
Defense Authorization Act of Fiscal Year 1993, and that the 
Department provide a report by March 30, 1998, regarding the 
future need and justification for the program.
      The conferees direct that none of the funds provided for 
this program be used for additional severance payments and 
benefits for Federal employees of the Department of Energy. 
Federal employees are covered by a multitude of laws which 
control employee benefits and protections during the downsizing 
of Federal agencies.
      The Department submitted a budget amendment to establish 
an asset management pilot projects program within DOE and to 
sell or lease five specific assets. The conferees support this 
initiative, but funding considerations will not permit DOE to 
retain the net proceeds from the sales or leases. The 
Department is urged to proceed with implementation of the asset 
sales program under the current guidelines which permit the 
Department to retain proceeds from the sales and leases to the 
extent they are needed to cover the administrative costs of 
executing the sale or lease. The conferees are aware of the 
proposal for the national pilot program for electronics 
recovery and recycling, and have provided $3,500,000 to 
initiate this program.
      The conferees recognize the reductions in the defense 
work force at the Nevada Test Site as a consequence of defense 
downsizing. Of the eleven defense facilities sites engaged in 
downsizing, the Nevada Test Site experienced the second highest 
reduction in full time equivalent employees. However, Nevada 
has received less community transition supportthan any other 
qualifying defense facility. The conferees urge the Secretary to ensure 
equitable worker and community transition funding.

                     fissile materials disposition

      The conference agreement provides the budget request of 
$103,796,000 for fissile materials disposition. The Department 
is commended for its recognition that, despite the controversy 
it evokes, the burn-up of plutonium in mixed-oxide fuel is the 
preferred method of disposing of large volumes of weapons grade 
plutonium. The conferees expect the Department to adhere to the 
schedule and process for selection of contractors for the 
mixed-oxide fuel plant and reactors in fiscal year 1998.
      However, the conferees direct that the principle 
objective of the materials disposition program be the 
conversion of Russian and United States classified materials 
shapes with special emphasis on weapon primary ``pits'' into 
non-weapons usable, verifiable shapes and forms. Material in 
classified shapes is by far the most attractive for diversion, 
theft or weapons reassembly, and for that reason this class of 
material requires immediate attention even if its initial 
treatment does not lead immediately to final disposition. The 
conversion of weapons grade plutonium into metallic or oxide 
forms is acceptable for this step. The choice between oxide or 
metallic forms should be dictated solely by the rapidity with 
which the conversion can be accomplished and is dependent upon 
construction details for different classified shapes. Any 
delays in this first step predicated on additional research for 
methods of preparation of materials forms or licensing issues 
for eventual disposition in mixed-oxide fuel or vitrification 
are not acceptable. Adequate technologies are available today 
for conversion of all types of classified shapes.

                        nuclear energy (defense)

      The conference agreement provides $35,000,000 for the 
international nuclear safety program to improve the safety of 
Soviet-designed nuclear reactors, a decrease of $15,000,000 
from the budget request. The conference agreement does not 
provide funding for the spent fuel management program nor the 
Chornobyl shutdown initiative.

                     office of hearing and appeals

      The conference agreement provides $2,300,000 instead of 
$1,900,000 as proposed by the House and $2,685,000 as proposed 
by the Senate.

                 independent assessment of doe projects

      The conference agreement provides $35,000,000 as proposed 
by the House to provide for external reviews of the 
Department's individual construction and privatization 
projects, and an external review of the Department's facility 
acquisition management process. The immediate concern of the 
conferees is a review of all Department of Energy construction 
projects initiated in fiscal year 1998, construction projects 
currently in the conceptual design phase, ongoing projects if 
recommended by the initial assessment required below, and 
projects proposed by the Department for privatization. These 
evaluations should include a review and assessment of the 
quality of the technical scopes, cost estimates, schedules, and 
supporting data regarding these construction projects, 
andshould make recommendations on the validity of the proposed costs, 
scopes, and schedules.
      While the House bill directed that these reviews be 
conducted by the Corps of Engineers, the conferees acknowledge 
that there may be other qualified, unbiased external 
organizations that could conduct this type of assessment. 
Therefore, prior to obligating any funds provided for review of 
these construction and privatization projects, the conferees 
expect the Department to contract with an impartial independent 
organization with expertise in the evaluation of government 
management and administrative functions, for a detailed 
analysis of the proposed independent assessment of construction 
projects.
      This contract should produce a report to be submitted to 
the House and Senate Committees on Appropriations not later 
than December 31, 1997. The report should address the need for 
conducting independent assessments of the Department's proposed 
and ongoing construction projects and projects proposed for 
privatization, assess the proposed content of these reviews as 
outlined above, as well as recommend the appropriate 
entity(ies) (including, but not limited to, the Corps of 
Engineers) to conduct these reviews. The conferees expect this 
contract to be entered into as soon as possible, and expect the 
Department to consult with the Appropriations Committees 
regarding the selection of an independent organization to 
produce this report.
      In addition to the report on the need for an independent 
assessment of the Department's construction projects, the 
conferees direct that the Department's overall management 
structure and process for identifying, managing, designing and 
constructing facilities also be reviewed by an impartial 
independent organization with expertise in the evaluation of 
government management and administrative functions. The report 
should be provided to the Committees on Appropriations by June 
30, 1998. The process used by the Department and its 
contractors to identify project requirements, develop scopes of 
work, execute and manage design, prepare cost estimates, select 
contract types, and execute and manage construction must be 
examined. The review should assess the level of oversight and 
experience of field and headquarters Federal personnel involved 
in this process. The recommendations of the report should 
include an analysis of the effectiveness of this process, 
advantages, disadvantages, and recommended improvements with 
the ultimate goal of establishing an overall departmental 
process that has more control of the projects and reduces 
project cost growth and schedule slippages. This study should 
also include a review of large operating projects such as 
environmental projects which may or may not involve much 
construction, but should clearly be managed with the same 
principles and guidelines.

                             naval reactors

      The conference agreement provides $670,500,000, instead 
of $673,500,000 as proposed by the House and $660,500,000 as 
proposed by the Senate. An additional $30,000,000 over the 
budget request has been provided to continue test reactor 
inactivation efforts and environmental cleanup activities which 
are scheduled to be completed in fiscal year 2002.

                     defense nuclear waste disposal

      The conference agreement appropriates $190,000,000 and 
includes the Senate language providing that funds are available 
until expended. The House bill did not include this provision.

                    POWER MARKETING ADMINISTRATIONS

                      Alaska Power Administration

      In addition to the $1,000,000 provided by the House and 
Senate, the conference agreement provides $2,500,000, as 
recommended by the Senate, to replace a damaged transmission 
cable. The conferees are aware that, in addition to the 
$3,500,000 provided in this paragraph, the Department has 
additional funding available from funds appropriated in prior 
years. Any funds in excess of current requirements shall be 
returned to the Treasury of the United States upon the sale of 
the Administration.
      The conference agreement includes $10,000,000 for the 
Swan Lake--Lake Tyee Intertie project, $10,000,000 less than 
the amount recommended by the Senate.

                    Bonneville Power Administration

      A total of $3,750,000 has been made available to 
Bonneville as permanent borrowing authority. During fiscal year 
1998, Bonneville plans to repay the Treasury $805,000,000, of 
which $228,000,000 is to repay principal on the the Federal 
investment in these facilities.
      The conferees note that the Senate report directs the 
Northwest Power Planning Council to provide a final hatchery 
review report by October 1998. As this late date will impede 
the ability of the Appropriations Committees to incorporate the 
findings of the review into the fiscal year 1999 appropriations 
process, the conferees direct the Council to provide the final 
hatchery review report by June 1998.
      Cost control.--The conferees commend Bonneville for its 
actions in the last three years to reduce planned spending by 
approximately $600,000,000 annually and to reduce staffing by 
1,000 positions. The conferees believe there is an opportunity, 
and need, to further reduce costs. The conferees understand 
that Bonneville and the Northwest Power Planning Council are 
reviewing Bonneville's planned spending in order to recommend 
ways for Bonneville to further control costs and have engaged a 
group of senior business executives to aid in this effort. The 
conferees support the efforts to assure that limited ratepayer 
dollars are prudently spent. All program expenditures, other 
than debt service, must be carefully reviewed by Bonneville to 
determine whether additional reductions or program terminations 
can be made to minimize the potential for stranded costs and to 
keep rates competitive in the wholesale power market. 
Concurrent with this review, Bonneville staffing levels should 
continue to be reviewed and adjusted to match changing program 
needs. The conferees direct that Bonneville and the Council 
provide a report to the House and Senate Committees on 
Appropriations by March 1, 1998, identifying specific 
recommendations for cost reductions in all non-debt service 
spending for which Bonneville is responsible. This report 
should include consideration of which current programs and 
functions Bonneville should continue to perform in a 
competitive market, and not focus merely on improved management 
efficiency.

                   Southeastern Power Administration

      The conference agreement includes $12,222,000, the same 
amount recommended by the House and the Senate.

                   Southwestern Power Administration

      The conference agreement includes $25,210,000, the same 
amount recommended by the House.

                   Western Area Power Administration

      The conference agreement provides $189,043,000, the same 
amount provided by the House. The conference agreement also 
includes the Senate recommendation that $5,592,000 be available 
as a transfer from the Colorado River Dam Fund.
      The conference agreement also includes $5,592,000, the 
same amount as the Senate, to be deposited in the Utah 
reclamation mitigation and conservation account.
      The conferees are aware of the Western Area Power 
Administration's proposed distribution of projected fiscal year 
1998 costs across several financing sources, including funds 
appropriated by the Congress. As Federal appropriated funds are 
reduced while electricity rates drop in the marketplace, the 
conferees direct that Western keep its wholesale rate as 
competitive as possible and thereby maintain as robust a 
repayment stream back to the Treasury as possible.

                        Falcon and Amistad Fund

      The conference agreement includes $970,000, the same 
amount recommended by the House.

                  FEDERAL ENERGY REGULATORY COMMISSION

      The conference agreement includes $162,141,000, the same 
amount recommended by the House and Senate.

                           General Provisions

                          Department of Energy

      Sec. 301. The conference agreement includes a provision 
by the House that none of the funds in 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. At 
least 60 days before such action, the Secretary of Energy must 
submit to the House and Senate Committees on Appropriations a 
report notifying the Committees of the waiver and setting forth 
the reasons for the waiver. Section 301 does not preclude 
extension of a contract awarded using competitive procedures.
      Sec. 302. The conference agreement includes a provision 
proposed by the House that none of the funds in 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. At least 60 days before such action, the Secretary 
of Energy must submit to the House and Senate Committees on 
Appropriations a report notifying the Committees of the waiver 
and setting forth the reasons for the waiver.
      The conferees direct the Department, as contracts are 
awarded or renegotiated, to standardize its contracts in 
accordance with the Federal Acquisition Regulation. In 
awarding, amending, or modifying contracts, the Department is 
directed to be cognizant of and utilize provisions of the 
Federal Acquisition Regulation that permit exceptions to the 
Federal Acquisition Regulation and provisions intended to 
address the special circumstances entailed by management and 
operating contracts.
      Sec. 303. The conference agreement includes a provision 
proposed by the House that none of the funds in this Act or any 
prior appropriations Act may be used to prepare or implement 
workforce restructuring plans or provide enhanced severance 
payments and other benefits and community assistance grants for 
Federal employees of the Department of Energy under section 
3161 of the National Defense Authorization Act for Fiscal Year 
1993, Public Law 102-484.
      Sec. 304. The conference agreement includes a provision 
proposed by the House that none of the funds in this Act or any 
prior appropriations Act may be used to augment the $61,159,000 
made available for obligation in this Act for severance 
payments and other benefits and community assistance grants 
authorized under the provisions of section 3161 of the National 
Defense Authorization Act for Fiscal Year 1993, Public Law 102-
484. This provision does not preclude the Department from 
proposing a reprogramming if deemed critical to program needs 
during fiscal year 1998.
      Sec. 305. The conference agreement includes a provision 
proposed by the House that none of the funds in this Act or any 
prior appropriations Act may be used to prepare or initiate 
Requests for Proposals for a program if the program has not 
been funded by Congress.
      Sec. 306. The conference agreement includes a provision 
proposed by the House that permits the transfer and merger of 
unexpended balances of prior appropriations with appropriation 
accounts established in this bill.
Provision transferred to title V
      The general provision proposed by the House to prohibit 
agency lobbying of Congress has been moved to Title V, and will 
apply to each agency and department funded in this bill.
Provisions not included in the conference agreement
      The conference agreement does not include the House 
provision prohibiting the use of funds to award or modify any 
contract for support services without a cost comparison 
conducted under the procedures and requirements of Office of 
Management and Budget Circular A-76.
      The conference agreement does not include the House 
provision prohibiting the use of funds to award or modify a 
management and operating contract which includes funds for 
support services contracts for use by Department of Energy 
personnel.
      The conference agreement does not include the House 
provision requiring an independent assessment before initiation 
of new construction projects, but funds have been provided for 
external reviews of the Department's facility acquisition 
processes and individual construction projects.



                                TITLE IV

                          INDEPENDENT AGENCIES

                    APPALACHIAN REGIONAL COMMISSION

      The conference agreement appropriates $170,000,000 
instead of $160,000,000 as proposed by both the House and the 
Senate. The agreement includes $92,500,000 for the highway 
development program. In addition, the agreement includes 
$10,000,000 for ARC highways, to be allocated at the discretion 
of the ARC Federal Co-Chairman.

                DEFENSE NUCLEAR FACILITIES SAFETY BOARD

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

                     NUCLEAR REGULATORY COMMISSION

                         salaries and expenses

      The conference agreement includes $468,000,000, instead 
of $462,700,000 as proposed by the House and $476,500,000 as 
proposed by the Senate. The conferees have provided 
$15,000,000, to be derived from the Nuclear Waste Fund, for the 
Commission's ongoing work to characterize Yucca Mountain as a 
potential site for a permanent nuclear waste repository. The 
conference agreement also includes $2,000,000, the amount 
provided by the House and Senate, for activities related to 
commercial vitrification at the Hanford site and $1,000,000, as 
provided by the House, for activities related to independent 
oversight of certain Department of Energy nuclear facilities.

                      office of inspector general

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

                  NUCLEAR WASTE TECHNICAL REVIEW BOARD

      The conference agreement appropriates $2,600,000 instead 
of $2,400,000 as proposed by the House and $3,200,000 as 
proposed by the Senate.

                       TENNESSEE VALLEY AUTHORITY

      The conference agreement includes $70,000,000 instead of 
$0 as proposed by the House and $86,000,000 as proposed by the 
Senate. The conference agreement includes language earmarking 
$6,900,000 for Land Between the Lakes. The agreement includes 
language proposed by the House providing for direct funding by 
TVA of its nonpower programs, amended to delay its 
implementation until fiscal year 1999.
      The conferees accept the Administration's proposal to 
terminate appropriated funding for TVA after fiscal year 1998.
      It is the view of the conferees that the environmental, 
stewardship, and economic development activities of the TVA 
have been of tremendous benefit to the Tennessee Valley region 
and have contributed substantially to the general prosperity of 
the country. It is possible, however, that other entities may 
be well suited to perform the vital public services currently 
provided by TVA.
      Accordingly, the Director of the Office of Management and 
Budget should undertake a review of the nonpower functions of 
the TVA to determine whether TVA or some other entity should be 
responsible for their continued execution. A report based on 
this review should accompany the fiscal year 1999 budget 
submission to Congress.
      The conferees direct that from non-appropriated funds, 
TVA shall relocate power lines in the area of the lake 
development proposed by Union County, Mississippi. The 
conferees also expect TVA to assist in the preparation of 
environmental impact statements where necessary.

                                TITLE V

                           GENERAL PROVISIONS

      Sec. 501. The conference agreement includes a provision 
proposed by the House in title III of the bill that none of the 
funds in this Act or any prior appropriations Act may be used 
in any way, directly or indirectly, to influence congressional 
action on any legislation or appropriation matters pending 
before Congress, other than to communicate to Members of 
Congress as described in section 1913 of title 18, United 
States Code. The conferees direct each agency or department to 
notify the House and Senate Committee on Appropriations by 
January 15, 1998, of the actions taken to apprise its Federal 
and contractor employees of this provision.
      Sec. 502. The conference agreement includes language 
proposed by both the House and Senate regarding the purchase of 
American-made equipment and products, and prohibiting contracts 
with persons falsely labeling products as made in America.
      Sec. 503. The conference agreement includes language 
proposed by the House prohibiting the award of funds to 
institutions not in compliance with certain requirements 
regarding campus access for units of the Senior Reserve Officer 
Training Corps and Federal military recruitment personnel.
      Sec. 504. The conference agreement includes language 
proposed by the House prohibiting the use of funds to enter 
into or renew contracts with entities failing to comply with 
statutory reporting requirements concerning the employment of 
certain veterans.
      Sec. 505. The conference agreement includes language 
proposed by the House which provides that none of the funds 
made available by this Act may be used for the Animas-La Plata 
project in Colorado and New Mexico except for activities 
required to comply with the applicable provisions of current 
law and the continuation of activities pursuant to the Colorado 
Ute Indian Water Rights Settlement Act of 1988.
      Sec. 506. The conference agreement includes language 
proposed by the Senate which clarifies that the Albuquerque 
Metropolitan Area Water Reclamation and Reuse project is 
eligible for construction under Title XVI of the Reclamation 
Projects Authorization and Adjustment Act of 1992, Public Law 
102-575, as amended. The language has been amended to make 
technical corrections.
      Sec. 507. The conference agreement includes language 
proposed by the Senate which amends the Yavapai-Prescott Indian 
Treaty Settlement Act of 1994 to increase the appropriations 
ceiling for the Chandler Pumping Plant feature of the Yakima 
River Basin Water Enhancement Project.
      Sec. 508. The conference agreement includes language 
proposed by the Senate regarding the construction of 
recreational features at the Stonewall Jackson Lake project in 
West Virginia.
      Sec. 509. The conference agreement includes a provision 
allowing the United States Enrichment Corporation (USEC) to 
transfer funds to the Department of Energy to be used for 
development and demonstration of the Atomic Vapor Laser Isotope 
Separation (AVLIS) technology for uranium enrichment. The funds 
to be transferred are to be derived from savings achieved by 
the USEC during fiscal year 1998, and the total amount 
obligated by the Department may not exceed $60,000,000.
      This provision will permit continued development of the 
AVLIS technology until the Corporation is sold. The provision 
is necessitated by the Administration's inability tosell the 
Corporation in accordance with the Administration's own schedule. 
Within 30 days of enactment of this Act, the Secretary of the Treasury 
is to provide to the Committees on Appropriations a report on the 
issues that must be resolved prior to sale of the Corporation and the 
date on which the Corporation will be sold.
      Sec. 510. The conference agreement includes language 
which provides that none of the funds made available by this 
Act may be used to determine the final point of discharge for 
the interceptor drain for the San Luis Unit of the Central 
Valley project until development by the Secretary of the 
Interior and the State of California of a plan, which shall 
conform to the water quality standards of the State of 
California as approved by the Administrator of the 
Environmental Protection Agency, to minimize any detrimental 
effect of the San Luis drainage waters. The language also 
provides that the costs of the Kesterson Reservoir Cleanup 
Program and the San Joaquin Valley Drainage Program shall be 
classified as reimbursable or non-reimbursable by the Secretary 
of the Interior as described in the Bureau of Reclamation 
report entitled, ``Repayment Report, Kesterson Reservoir 
Cleanup Program and San Joaquin Valley Drainage Program, 
February 1995'' and that any future obligation of funds for 
drainage service or drainage studies for the San Luis Unit 
shall be fully reimbursable by San Luis Unit beneficiaries 
pursuant to Reclamation law.
      Sec. 511. The conference agreement includes language 
amending the USEC Privatization Act to require the presence of 
an adequate number of security guards carrying sidearms to 
ensure maintenance of security at the gaseous diffusion plants.
      Sec. 512. High Flux Beam Reactor (HFBR) at Brookhaven 
National Laboratory--The conference agreement includes bill 
language prohibiting the use of funds in this or any other Act 
for the purpose of restarting the High Flux Reactor (HFBR). In 
fiscal year 1998, the Department of Energy is directed to drain 
the spent fuel pool, and may add a steel wall liner to the pool 
so that additional radioactive material may be removed without 
the threat of leakage. The Department of Energy is also 
directed to meet the requirements outlined in Suffolk County 
Sanitary Code Article 12, complete seismic upgrades, and seal 
the floor drain.
      The Department of Energy is also directed to undertake an 
environmental impact statement (EIS) with respect to the HFBR. 
The conferees expect that the EIS will be a comprehensive 
survey of any environmental hazards that the tritium leak or 
other contamination associated with the HFBR pose to the 
drinking water and health of the people in the surrounding 
communities, and that it will provide a detailed plan for 
remediation. The findings of the EIS and a plan for any 
necessary remediation shall be reported to Congress.
Provisions not adopted by the conferees
      The conference agreement deletes language proposed by the 
Senate that authorized the Secretary of the Interior to use 
funds appropriated for the Bureau of Reclamation to enter into 
cooperative agreements with willing private landowners for 
restoration and enhancement of fish, wildlife, and other 
resources on public or private land within watersheds that 
contain Bureau of Reclamation projects.

                   Conference Total--With Comparisons

      The total new budget (obligational) authority for the 
fiscal year 1998 recommended by the Committee of Conference, 
with comparisons to the fiscal year 1997 amount, the 1998 
budget estimates, and the House and Senate bills for 1998 
follow:

New budget (obligational) authority, fiscal year 1997... $20,990,027,000
Budget estimates of new (obligational) authority, fiscal 
    year 1998...........................................  23,047,903,000
House bill, fiscal year 1998............................  20,416,989,000
Senate bill, fiscal year 1998...........................  21,209,623,000
Conference agreement, fiscal year 1998..................  21,152,202,000
Conference agreement compared with:
            New budget (obligational) authority, fiscal 
              year 1997.................................    +162,175,000
            Budget estimates of new (obligational) 
              authority, fiscal year 1998...............  -1,895,701,000
            House bill, fiscal year 1998................    +735,213,000
            Senate bill, fiscal year 1998...............     -57,421,000

                                   Joseph McDade,
                                   Harold Rogers,
                                   Joe Knollenberg,
                                   R.P. Frelinghuysen,
                                   Mike Parker,
                                   Sonny Callahan,
                                   Jay Dickey,
                                   Bob Livingston,
                                   Vic Fazio,
                                   Peter J. Visclosky,
                                   Chet Edwards,
                                   Ed Pastor,
                                   David R. Obey,
                                 Managers on the Part of the House.

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