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105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     105-749
_______________________________________________________________________


 
 MAKING APPROPRIATIONS FOR ENERGY AND WATER DEVELOPMENT FOR THE FISCAL 
         YEAR ENDING SEPTEMBER 30, 1999, AND FOR OTHER PURPOSES

                                _______
                                

               September 25, 1998.--Ordered to be printed

_______________________________________________________________________


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

                           CONFERENCE REPORT

                        [To accompany H.R. 4060]

                  Conference Report (H. Rept. 105-749)

      The committee of conference on the disagreeing votes of 
the two Houses on the amendment of the Senate to the bill (H.R. 
4060) ``making appropriations for energy and water development 
for the fiscal year ending September 30, 1999, 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, 1999, for energy and water development, 
and for other purposes, namely:

                                TITLE I

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

    The following appropriations shall be expended under the 
direction of the Secretary of the Army and the supervision of 
the Chief of Engineers for authorized civil functions of the 
Department of the Army pertaining to rivers and harbors, flood 
control, beach erosion, and related purposes.

                         General Investigations

    For expenses necessary for the collection and study of 
basic information pertaining to river and harbor, flood 
control, shore protection, and related projects, restudy of 
authorized projects, miscellaneous investigations, and, when 
authorized by laws, surveys and detailed studies and plans and 
specifications of projects prior to construction, $161,747,000, 
to remain available until expended, of which funds are provided 
for the following projects in the amounts specified:
            Delaware Bay Coastline, Delaware and New Jersey, 
        $419,000;
            Tampa Harbor, Alafia Channel, Florida, $200,000;
            Barnegat Inlet to Little Egg Harbor Inlet, New 
        Jersey, $322,000;
            Brigantine Inlet to Great Egg Harbor Inlet, New 
        Jersey, $113,000;
            Great Egg Harbor Inlet to Townsend's Inlet, New 
        Jersey, $200,000;
            Lower Cape May Meadows--Cape May Point, New Jersey, 
        $100,000;
            Manasquan Inlet to Barnegat Inlet, New Jersey, 
        $300,000;
            Raritan Bay to Sandy Hook Bay, New Jersey, 
        $750,000; and
            Townsend's Inlet to Cape May Inlet, New Jersey, 
        $250,000:

Provided, That the Secretary of the Army, acting through the 
Chief of Engineers, is directed to use $700,000 of the funds 
appropriated in Public Law 102-377 for the Red River Waterway, 
Shreveport, Louisiana, to Daingerfield, Texas, project for the 
feasibility phase of the Red River Navigation, Southwest 
Arkansas, study: Provided further, That the Secretary of the 
Army is directed to use $500,000 of the funds appropriated 
herein to implement section 211(f)(7) of Public Law 104-303 
(110 Stat. 3684) and to reimburse the non-Federal sponsor a 
portion of the Federal share of project costs for the Hunting 
Bayou element of the project for flood control, Buffalo Bayou 
and tributaries, Texas: Provided further, That the Secretary of 
the Army is directed to use $300,000 of the funds appropriated 
herein to implement section 211(f)(8) of Public Law 104-303 
(110 Stat. 3684) and to reimburse the non-Federal sponsor a 
portion of the Federal share of project costs for the project 
for flood control, White Oak Bayou watershed, Texas.

                         Construction, General

    For the prosecution of river and harbor, flood control, 
shore protection, and related projects authorized by laws; and 
detailed studies, and plans and specifications, of projects 
(including those for development with participation or under 
consideration for participation by States, local governments, 
or private groups) authorized or made eligible for selection by 
law (but such studies shall not constitute a commitment of the 
Government to construction), $1,429,885,000, to remain 
available until expended, of which such sums as are necessary 
for the Federal share of construction costs for facilities 
under the Dredged Material Disposal Facilities program shall be 
derived from the Harbor Maintenance Trust Fund, as authorized 
by Public Law 104-303; and of which such sums as are necessary 
pursuant to Public Law 99-662 shall be derived from the Inland 
Waterways Trust Fund, for one-half ofthe costs of construction 
and rehabilitation of inland waterways projects, including 
rehabilitation costs for the Lock and Dam 25, Mississippi River, 
Illinois and Missouri; Lock and Dam 14, Mississippi River, Iowa; Lock 
and Dam 24, Part 1, Mississippi River, Illinois and Missouri; and Lock 
and Dam 3, Mississippi River, Minnesota, projects, and of which funds 
are provided for the following projects in the amounts specified:
            Norco Bluffs, California, $4,400,000;
            Panama City Beaches, Florida, $6,000,000;
            Tybee Island, Georgia, $1,200,000;
            Indiana Shoreline Erosion, Indiana, $700,000;
            Indianapolis Central Waterfront, Indiana, 
        $4,000,000;
            Ohio River Flood Protection, Indiana, $750,000;
            Harlan/Clover Fork, Williamsburg, Pike County, 
        Middlesboro, Martin County, and Town of Martin, 
        elements of the Levisa and Tug Forks of the Big Sandy 
        River and Upper Cumberland River project in Kentucky, 
        $25,230,000;
            Southern and Eastern Kentucky, Kentucky, 
        $4,000,000;
            Lake Pontchartrain and Vicinity (Hurricane 
        Protection), Louisiana, $16,000,000;
            Lake Pontchartrain (Jefferson Parish) Stormwater 
        Discharge, Louisiana, $4,500,000;
            Southeast Louisiana, Louisiana, $75,000,000;
            Jackson County, Mississippi, $6,200,000;
            Pascagoula Harbor, Mississippi, $12,000,000;
            Passaic River Streambank Restoration, New Jersey, 
        $3,000,000;
            Lackawanna River, Olyphant, Pennsylvania, 
        $6,800,000;
            Lackawanna River, Scranton, Pennsylvania, 
        $40,551,000;
            South Central Pennsylvania Environment Improvement 
        Program, $39,000,000, of which $13,000,000 shall be 
        available only for water-related environmental 
        infrastructure and resource protection and development 
        projects in Lackawanna, Lycoming, Susquehanna, Wyoming, 
        Pike, and Monroe counties in Pennsylvania in accordance 
        with the purposes of subsection (a) and requirements of 
        subsections (b) through (e) of section 313 of the Water 
        Resources Development Act of 1992, as amended;
            Wallisville Lake, Texas, $5,500,000;
            Virginia Beach, Virginia (Hurricane Protection), 
        $18,000,000;
            Upper Mingo County (including Mingo County 
        Tributaries), Lower Mingo County (Kermit), Wayne 
        County, Hatfield Bottom, and McDowell County, elements 
        of the Levisa and Tug Forks of the Big Sandy River and 
        Upper Cumberland River project in West Virginia, 
        $11,350,000; and
            West Virginia and Pennsylvania Flood Control, West 
        Virginia and Pennsylvania, $750,000:
Provided, That the Secretary of the Army is directed to 
incorporate the economic analyses for the Green Ridge and Plot 
sections of the Lackawanna River, Scranton, Pennsylvania, 
project with the economic analysis for the Albright Street 
section of the project, and to cost-share and implement these 
combined sections as a single project with no separable 
elements, except that each section may be undertaken 
individually when the non-Federal sponsor provides the 
applicable local cooperation requirements: Provided further, 
That any funds heretofore appropriated and made available in 
Public Law 103-126 for projects associated with the restoration 
of the Lackawanna River Basin Greenway Corridor, Pennsylvania, 
may be utilized by the Secretary of the Army in carrying out 
other projects and activities on the Lackawanna River in 
Pennsylvania: Provided further, That the Secretary of the Army 
is directed to use $4,500,000 of the funds appropriatedherein 
to implement section 211(f)(6) of Public Law 104-303 (110 Stat. 3683) 
and to reimburse the non-Federal sponsor a portion of the Federal share 
of project construction costs for the flood control components 
comprising the Brays Bayou element of the project for flood control, 
Buffalo Bayou and tributaries, Texas: Provided further, That the 
navigation project for Cook Inlet Navigation, Alaska, authorized by 
Section 101(b)(2) of Public Law 104-303 is modified to authorize the 
Secretary of the Army, acting through the Chief of Engineers, to 
construct the project at a total cost of $12,600,000 with an estimated 
first Federal cost of $9,450,000 and an estimated first non-Federal 
cost of $3,150,000: Provided further, That the flood control project 
for West Sacramento, California, authorized by Section 101(4) of Public 
Law 102-580 is modified to authorize the Secretary of the Army, acting 
through the Chief of Engineers, to construct the project at a total 
cost of $32,900,000 with an estimated first Federal cost of $24,700,000 
and an estimated first non-Federal cost of $8,200,000: Provided 
further, That the flood control project for Sacramento River, Glenn-
Colusa Irrigation District, California, authorized by Section 2 of the 
Act entitled ``An Act to provide for the control of floods of the 
Mississippi River and the Sacramento River, and for other purposes'', 
approved March 1, 1917 (39 Stat. 949), is modified to authorize the 
Secretary of the Army, acting through the Chief of Engineers, to 
construct the project at a total cost of $20,700,000 with an estimated 
first Federal cost of $15,570,000 and an estimated first non-Federal 
cost of $5,130,000: Provided further, That the Secretary of the Army, 
acting through the Chief of Engineers, is directed to use $4,000,000 
provided herein to construct bluff stabilization measures at authorized 
locations for Natchez Bluff, Mississippi, at a total estimated cost of 
$26,065,000 with an estimated first Federal cost of $19,549,000 and an 
estimated first non-Federal cost of $6,516,000 and to award continuing 
contracts, which are not to be considered fully funded: Provided 
further, That the Secretary of the Army, acting through the Chief of 
Engineers, may use up to $5,000,000 of the funding appropriated herein 
for construction of an emergency outlet from Devils Lake, North Dakota, 
to the Sheyenne River, except that funds shall not become available 
unless the Secretary of the Army determines that an emergency (as 
defined in section 102 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5122)) exists with respect to the 
emergency need for the outlet and reports to Congress that the 
construction is technically sound, economically justified, and 
environmentally acceptable and in compliance with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.): Provided 
further, That the economic justification for the emergency outlet shall 
be prepared in accordance with the principles and guidelines for 
economic evaluation as required by regulations and procedures of the 
Army Corps of Engineers for all flood control projects, and that the 
economic justification be fully described, including the analysis of 
the benefits and costs, in the project plan documents: Provided 
further, That the plans for the emergency outlet shall be reviewed and, 
to be effective, shall contain assurances provided by the Secretary of 
State, after consultation with the International Joint Commission, that 
the project will not violate the requirements or intent of the Treaty 
Between the United States and Great Britain Relating to Boundary Waters 
Between the United States and Canada, signed at Washington January 11, 
1909 (36 Stat. 2448; TS 548) (commonly known as the ``Boundary Waters 
Treaty of 1909''): Provided further, That the Secretary of the Army 
shall submit the final plans and other documents for the emergency 
outlet to Congress: Provided further, That no funds made available 
under this Act or any other Act for any fiscal year may be used by the 
Secretary of the Army to carry out the portion of the feasibility study 
of the Devils Lake Basin, North Dakota, authorized under the Energy and 
Water Development Appropriations Act, 1993 (Public Law 102-377), that 
addresses the needs of the area for stabilized lake levels through 
inlet controls, or to otherwise study any facility or carry out any 
activity that would permit the transfer of water from the Missouri 
River Basin into Devils Lake: Provided further, That, the Secretary of 
the Army, acting through the Chief of Engineers, is directed to 
transfer remaining General Investigations funds previously appropriated 
for the Juniata River, Pennsylvania, study and Mussers Dam, 
Pennsylvania, project to Construction, General for use in equal amounts 
at Broad Top/Coaldale, Bedford County, Pennsylvania, and Mont Alto 
Borough, Franklin County, Pennsylvania, which are part of the South 
Central Pennsylvania Environment Improvement Program.

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

    For expenses necessary for prosecuting work of flood 
control, and rescue work, repair, restoration, or maintenance 
of flood control projects threatened or destroyed by flood, as 
authorized by law (33 U.S.C. 702a, 702g-1), $321,149,000, to 
remain available until expended.

                   Operation and Maintenance, General

    For expenses necessary for the preservation, operation, 
maintenance, and care of existing river and harbor,flood 
control, and related works, including such sums as may be necessary for 
the maintenance of harbor channels provided by a State, municipality or 
other public agency, outside of harbor lines, and serving essential 
needs of general commerce and navigation; surveys and charting of 
northern and northwestern lakes and connecting waters; clearing and 
straightening channels; and removal of obstructions to navigation, 
$1,653,252,000, to remain available until expended, of which such sums 
as become available from the special account established by the Land 
and Water Conservation Act of 1965, as amended (16 U.S.C. 460l), may be 
derived from that account for construction, operation, and maintenance 
of outdoor recreation facilities, and of which $4,200,000 is provided 
for repair of Chickamauga Lock, Tennessee: Provided, That no funds, 
whether appropriated, contributed, or otherwise provided, shall be 
available to the United States Army Corps of Engineers for the purpose 
of acquiring land in Jasper County, South Carolina, in connection with 
the Savannah Harbor navigation project: Provided further, That the 
Secretary of the Army, acting through the Chief of Engineers, is 
directed to undertake authorized maintenance and repairs on the 
Allegheny River, Pennsylvania, project, using $6,000,000 of funds 
provided under this heading in Public Law 105-62 for extending the 
navigation channel on the Allegheny River, Pennsylvania, project to 
provide passenger boat access to the Kittanning, Pennsylvania, 
Riverfront Park.

                           Regulatory Program

    For expenses necessary for administration of laws 
pertaining to regulation of navigable waters and wetlands, 
$106,000,000, to remain available until expended.

            Formerly Utilized Sites Remedial Action Program


                     (including transfer of funds)


    For expenses necessary to clean up contaminated sites 
throughout the United States where work was performed as part 
of the Nation's early atomic energy program, $140,000,000, to 
remain available until expended: Provided, That the response 
actions by the U.S. Army Corps of Engineers under this program 
shall consist of the following functions and activities to be 
performed at eligible sites where remediation has not been 
completed: sampling and assessment of contaminated areas, 
characterization of site conditions, determination of the 
nature and extent of contamination, selection of the necessary 
and appropriate response actions as the lead Federal agency, 
preparation of designation reports, cleanup and closeout of 
sites, and any other functions determined by the Chief of 
Engineers as necessary for remediation: Provided further, That 
response actions by the U.S. Army Corps of Engineers under this 
program shall be subject to the administrative, procedural, and 
regulatory provisions of the Comprehensive Environmental 
Response, Compensation and Liability Act, 42 U.S.C. 9601 et 
seq., and the National Oil and Hazardous Substances Pollution 
Contingency Plan, 40 C.F.R., Chapter 1, Part 300: Provided 
further, That, except as stated herein, these provisions do not 
alter, curtail or limit the authorities, functions or 
responsibilities of other agencies under the Atomic Energy Act, 
42 U.S.C. 2011 et seq.: Provided further, That any sums 
recovered under CERCLA for response actions, or recovered from 
a contractor, insurer, surety, or other person to reimburse the 
U.S. Army Corps of Engineers for any expenditures for response 
actions, shall be credited to the account used to fund response 
actions on eligible sites, and will be available for response 
action costs for any eligible site: Provided further, That the 
Secretary of Energy may exercise the authority of 42 U.S.C. 
2208 to make payments in lieu of taxes for Federally-owned 
property where Formerly Utilized Sites Remedial Action Program 
activities are conducted, regardless of which Federal agency 
has acquired the property and notwithstanding references to 
``the activities of the Commission'' in 42 U.S.C. 2208: 
Provided further, That the unexpended balances of prior 
appropriations provided for these activities in this Act or any 
previous Energy and Water Development Appropriations Act may be 
transferred to and merged with this appropriation account, and 
thereafter, may be accounted for as one fund for the same time 
period as originally enacted.

                            General Expenses

    For expenses necessary for general administration and 
related functions in the Office of the Chief of Engineers and 
offices of the Division Engineers; activities of the Coastal 
Engineering Research Board, the Humphreys Engineer Center 
Support Activity, the Water Resources Support Center, and 
headquarters support functions at the USACE Finance Center; 
$148,000,000, to remain available until expended: Provided, 
That no part of any other appropriation provided in title I of 
this Act shall be available to fund the activities of the 
Office of the Chief of Engineers or the executive direction and 
management activities of the division offices.

                             Revolving Fund

    Using amounts available in the Revolving Fund, the 
Secretary of the Army is authorized to renovate office space in 
the General Accounting Office headquarters building in 
Washington, DC, for use by the Corps and GAO. The Secretary is 
authorized to enter into a leasewith GAO to occupy such 
renovated space as appropriate, for the Corps' headquarters. The 
Secretary shall ensure that the Revolving Fund is appropriately 
reimbursed from appropriations of the Corps' benefitting programs by 
collection each year of amounts sufficient to repay the capitalized 
cost of such renovation and through rent reductions or rebates from 
GAO.

                        Administrative Provision

    Appropriations in this title shall be available for 
official reception and representation expenses (not to exceed 
$5,000); and during the current fiscal year the Revolving Fund, 
Corps of Engineers, shall be available for purchase (not to 
exceed 100 for replacement only) and hire of passenger motor 
vehicles.

                           GENERAL PROVISIONS

                       Corps of Engineers--Civil

    Sec. 101. Notwithstanding any other provisions of law, no 
fully allocated funding policy shall be applied to projects for 
which funds are identified in the Committee reports 
accompanying this Act under the Construction, General; 
Operation and Maintenance, General; and Flood Control, 
Mississippi River and Tributaries, appropriation accounts: 
Provided, That the Secretary of the Army, acting through the 
Chief of Engineers, is directed to undertake these projects 
using continuing contracts, as authorized in section 10 of the 
Rivers and Harbors Act of September 22, 1922 (33 U.S.C. 621).
    Sec. 102. None of the funds made available in this Act may 
be used to revise the Missouri River Master Water Control 
Manual when it is made known to the Federal entity or official 
to which the funds are made available that such revision 
provides for an increase in the springtime water release 
program during the spring heavy rainfall and snow melt period 
in States that have rivers draining into the Missouri River 
below the Gavins Point Dam.

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project


                central utah project completion account


    For carrying out activities authorized by the Central Utah 
Project Completion Act, and for activities related to the 
Uintah and Upalco Units authorized by 43 U.S.C. 620, 
$41,217,000, to remain available until expended, of which 
$15,476,000 shall be deposited into the Utah Reclamation 
Mitigation and Conservation Account: Provided, That of the 
amounts deposited into that account, $5,000,000 shall be 
considered the Federal contribution authorized by paragraph 
402(b)(2) of the Central Utah Project Completion Act and 
$10,476,000 shall be available to the Utah Reclamation 
Mitigation and Conservation Commission to carry out activities 
authorized under that Act.
    In addition, for necessary expenses incurred in carrying 
out related responsibilities of the Secretary of the Interior, 
$1,283,000, to remain available until expended.

                         Bureau of Reclamation

    For carrying out the functions of the Bureau of Reclamation 
as provided in the Federal reclamation laws (Act of June 17, 
1902, 32 Stat. 388, and Acts amendatory thereof or 
supplementary thereto) and other Acts applicable to that Bureau 
as follows:


                      water and related resources


                     (including transfer of funds)


    For management, development, and restoration of water and 
related natural resources and for related activities, including 
the operation, maintenance and rehabilitation of reclamation 
and other facilities, participation in fulfilling related 
Federal responsibilities to Native Americans, and related 
grants to, and cooperative and other agreements with, State and 
local governments, Indian Tribes, and others, $642,845,000, to 
remain available until expended, of which $2,800,000 shall be 
for construction of the Tooele Wastewater Treatment and Reuse, 
Utah, project, and of which $1,873,000 shall be available for 
transfer to the Upper Colorado River Basin Fund and$45,990,000 
shall be available for transfer to the Lower Colorado River Basin 
Development Fund, and of which such amounts as may be necessary may be 
advanced to the Colorado River Dam Fund: Provided, That such transfers 
may be increased or decreased within the overall appropriation under 
this heading: Provided further, That of the total appropriated, the 
amount for program activities that can be financed by the Reclamation 
Fund or the Bureau of Reclamation special fee account established by 16 
U.S.C. 460l-6a(i) shall be derived from that Fund or account: Provided 
further, That funds contributed under 43 U.S.C. 395 are available until 
expended for the purposes for which contributed: Provided further, That 
funds advanced under 43 U.S.C. 397a shall be credited to this account 
and are available until expended for the same purposes as the sums 
appropriated under this heading: Provided further, That of the total 
appropriated, $25,800,000 shall be derived by transfer of unexpended 
balances from the Bureau of Reclamation Working Capital Fund: Provided 
further, That funds available for expenditure for the Departmental 
Irrigation Drainage Program may be expended by the Bureau of 
Reclamation for site remediation on a non-reimbursable basis: Provided 
further, That the amount authorized for Indian municipal, rural, and 
industrial water features by section 10 of Public Law 89-108, as 
amended by section 8 of Public Law 99-294 and section 1701(b) of Public 
Law 102-575, is increased by $2,000,000 (October 1997 prices): Provided 
further, That the Secretary of the Interior is directed to use not to 
exceed $3,600,000 of funds appropriated herein as the Bureau of 
Reclamation share for completion of the McCall Area Wastewater 
Reclamation and Reuse, Idaho, project authorized in Public Law 105-62 
and described in PN-FONSI-96-05.


               bureau of reclamation loan program account


    For the cost of direct loans and/or grants, $7,996,000, to 
remain available until expended, as authorized by the Small 
Reclamation Projects Act of August 6, 1956, as amended (43 
U.S.C. 422a-422l): Provided, That such costs, including the 
cost of modifying such loans, shall be as defined in section 
502 of the Congressional Budget Act of 1974, as amended: 
Provided further, That these funds are available to subsidize 
gross obligations for the principal amount of direct loans not 
to exceed $38,000,000.
     In addition, for administrative expenses necessary to 
carry out the program for direct loans and/or grants, $425,000, 
to remain available until expended: Provided, That of the total 
sums appropriated, the amount of program activities that can be 
financed by the Reclamation Fund shall be derived from that 
Fund.


                central valley project restoration fund


    For carrying out the programs, projects, plans, and habitat 
restoration, improvement, and acquisition provisions of the 
Central Valley Project Improvement Act, $33,130,000, to be 
derived from such sums as may be collected in the Central 
Valley Project Restoration Fund pursuant to sections 3407(d), 
3404(c)(3), 3405(f), and 3406(c)(1) of Public Law 102-575, to 
remain available until expended: Provided, That the Bureau of 
Reclamation is directed to assess and collect the full amount 
of the additional mitigation and restoration payments 
authorized by section 3407(d) of Public Law 102-575.


               california bay-delta ecosystem restoration


                     (including transfer of funds)


    For necessary expenses of the Department of the Interior 
and other participating Federal agencies in carrying out the 
California Bay-Delta Environmental Enhancement and Water 
Security Act, consistent with plans to be approved by the 
Secretary of the Interior, in consultation with such Federal 
agencies, $75,000,000, to remain available until expended, of 
which such amounts as may be necessary to conform with such 
plans shall be transferred to appropriate accounts of such 
Federal agencies: Provided, That such funds may be obligated 
only as non-Federal sources provide their share in accordance 
with the cost-sharing agreement required under section 102(d) 
of suchAct: Provided further, That such funds may be obligated 
prior to the completion of a final programmatic environmental impact 
statement only if: (1) consistent with 40 CFR 1506.1(c); and (2) used 
for purposes that the Secretary finds are of sufficiently high priority 
to warrant such an expenditure.


                       policy and administration


    For necessary expenses of policy, administration, and 
related functions in the office of the Commissioner, the Denver 
office, and offices in the five regions of the Bureau of 
Reclamation, to remain available until expended, $47,000,000, 
to be derived from the Reclamation Fund and be nonreimbursable 
as provided in 43 U.S.C. 377: Provided, That no part of any 
other appropriation in this Act shall be available for 
activities or functions budgeted as policy and administration 
expenses.


                        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; and the purchase of not to exceed 22 passenger motor 
vehicles for replacement only, $727,091,000, of which not to 
exceed $3,000 may be used for official reception and 
representation expenses for transparency activities.

                  Non-Defense Environmental Management

    For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and 
other expenses necessary for non-defense environmental 
management activities in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property 
or any facility or for plant or facility acquisition, 
construction or expansion, $431,200,000, to remain available 
until expended.

      Uranium Enrichment Decontamination and Decommissioning Fund

    For necessary expenses in carrying out uranium enrichment 
facility decontamination and decommissioning, remedial actions 
and other activities of title II of the Atomic Energy Act of 
1954 and title X, subtitle A of the Energy Policy Act of 1992, 
$220,200,000, to be derived from the Fund, to remain available 
until expended: Provided, That $30,000,000 of amounts derived 
from the Fund for such expenses shall be available in 
accordance with title X, subtitle A, of the Energy Policy Act 
of 1992.

                                Science

    For expenses of the Department of Energy activities 
including the purchase, construction and acquisition of plant 
and capital equipment and other expenses necessary for science 
activities in carrying out the purposes of the Department of 
Energy Organization Act (42 U.S.C. 7101 et seq.), including the 
acquisition or condemnation of any real property or facility or 
for plant or facility acquisition, construction, or expansion, 
and purchase of not to exceed 5 passenger motor vehicles for 
replacement only, $2,682,860,000, to remain available until 
expended: Provided, That $7,600,000 of the unobligated balances 
originally available for Superconducting Super Collider 
termination activities shall be made available for other 
activities under this heading.

                         Nuclear Waste Disposal

    For nuclear waste disposal activities to carry out the 
purposes of Public Law 97-425, as amended, includingthe 
acquisition of real property or facility construction or expansion, 
$169,000,000, to remain available until expended, of which $165,000,000 
is to be derived from the Nuclear Waste Fund; and of which not to 
exceed $250,000 may be provided to the Department of Energy to 
reimburse the State of Nevada solely for expenditures, other than 
salaries and expenses of State employees, to conduct scientific 
oversight responsibilities pursuant to the Nuclear Waste Policy Act of 
1982, and not to exceed $5,540,000 may be provided to affected local 
governments, as defined in Public Law 97-425, to conduct appropriate 
activities pursuant to the Act: Provided, That the distribution of the 
funds to the units of local government shall be determined by the 
Department of Energy: Provided further, That the funds shall be made 
available to the units of local government by direct payment: Provided 
further, 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 multi-state efforts or other coalition building 
activities inconsistent with the restrictions contained in this Act.

                      Departmental Administration

    For salaries and expenses of the Department of Energy 
necessary for departmental administration in carrying out the 
purposes of the Department of Energy Organization Act (42 
U.S.C. 7101 et seq.), including the hire of passenger motor 
vehicles and official reception and representation expenses 
(not to exceed $35,000), $200,475,000, to remain available 
until expended, plus such additional amounts as necessary to 
cover increases in the estimated amount of cost of work for 
others notwithstanding the provisions of the Anti-Deficiency 
Act (31 U.S.C. 1511 et seq.): Provided, That such increases in 
cost of work are offset by revenue increases of the same or 
greater amount, to remain available until expended: Provided 
further, That moneys received by the Department for 
miscellaneous revenues estimated to total $136,530,000 in 
fiscal year 1999 may be retained and used for operating 
expenses within this account, and may remain available until 
expended, as authorized by section 201 of Public Law 95-238, 
notwithstanding the provisions of 31 U.S.C. 3302: Provided 
further, That the sum herein appropriated shall be reduced by 
the amount of miscellaneous revenues received during fiscal 
year 1999 so as to result in a final fiscal year 1999 
appropriation from the General Fund estimated at not more than 
$63,945,000.

                    Office of the Inspector General

    For necessary expenses of the Office of the Inspector 
General in carrying out the provisions of the Inspector General 
Act of 1978, as amended, $29,000,000, to remain available until 
expended.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                           Weapons Activities

    For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and 
other incidental expenses necessary for atomic energy defense 
weapons activities in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property 
or any facility or for plant or facility acquisition, 
construction, or expansion; the purchase of not to exceed one 
fixed wing aircraft; and the purchase of passenger motor 
vehicles (not to exceed 32 for replacement only, and one bus), 
$4,400,000,000,to remain available until expended: Provided, 
That funding for any ballistic missile defense program undertaken by 
the Department of Energy for the Department of Defense shall be 
provided by the Department of Defense according to procedures 
established for Work for Others by the Department of Energy.

         Defense Environmental Restoration and Waste Management

    For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and 
other expenses necessary for atomic energy defense 
environmental restoration and waste management activities in 
carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the 
acquisition or condemnation of any real property or any 
facility or for plant or facility acquisition, construction, or 
expansion; and the purchase of passenger motor vehicles (not to 
exceed 3 new sedans and 6 for replacement only, of which 3 are 
sedans, 2 are buses, and 1 is an ambulance), $4,310,227,000, to 
remain available until expended.

                  Defense Facilities Closure Projects

    For expenses of the Department of Energy to accelerate the 
closure of defense environmental management sites, including 
the purchase, construction and acquisition of plant and capital 
equipment and other necessary expenses, $1,038,240,000, to 
remain available until expended.

             Defense Environmental Management Privatization

    For Department of Energy expenses for privatization 
projects necessary for atomic energy defense environmental 
management activities authorized by the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), $228,357,000, to 
remain available until expended.

                        Other Defense Activities

    For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and 
other expenses necessary for atomic energy defense, other 
defense activities, in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101, et 
seq.), including the acquisition or condemnation of any real 
property or any facility or for plant or facility acquisition, 
construction, or expansion, $1,696,676,000, to remain available 
until expended.

                     Defense Nuclear Waste Disposal

    For nuclear waste disposal activities to carry out the 
purposes of Public Law 97-425, as amended, including the 
acquisition of real property or facility construction or 
expansion, $189,000,000, to remain available until expended.

                    POWER MARKETING ADMINISTRATIONS

                  Bonneville Power Administration Fund

    Expenditures from the Bonneville Power Administration Fund, 
established pursuant to Public Law 93-454, are approved for 
official reception and representation expenses in an amount not 
to exceed $1,500.
    During fiscal year 1999, no new direct loan obligations may 
be made.

      Operation and Maintenance, Southeastern Power Administration

    For necessary expenses of operation and maintenance of 
power transmission facilities and of marketing electric power 
and energy pursuant to the provisions of section 5 of the Flood 
Control Act of 1944 (16 U.S.C. 825s), as applied to the 
southeastern power area, $7,500,000, to remain available until 
expended; in addition, notwithstanding 31 U.S.C. 3302, not to 
exceed $28,000,000 in reimbursements, of which $20,000,000 is 
for transmission wheeling and ancillary services and $8,000,000 
is for power purchases at the Richard B. Russell Project, to 
remain available until expended.

      Operation and Maintenance, Southwestern Power Administration

    For necessary expenses of operation and maintenance of 
power transmission facilities and of marketing electric power 
and energy, and for construction and acquisition of 
transmission lines, substations and appurtenant facilities, and 
for administrative expenses, including official reception and 
representation expenses in an amount not to exceed $1,500 in 
carrying out the provisions of section 5 of the Flood Control 
Act of 1944 (16 U.S.C. 825s), as applied to the southwestern 
power area, $26,000,000, to remain available until expended; in 
addition, notwithstanding the provisions of 31 U.S.C. 3302, not 
to exceed $4,200,000 in reimbursements, to remain available 
until expended.

 Construction, Rehabilitation, Operation and Maintenance, Western Area 
                          Power Administration

    For carrying out the functions authorized by title III, 
section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 
7152), and other related activities including conservation and 
renewable resources programs as authorized, including official 
reception and representation expenses in an amount not to 
exceed $1,500, $203,000,000, to remain available until 
expended, of which $193,787,000 shall be derived from the 
Department of the Interior Reclamation Fund: Provided, That of 
the amount herein appropriated, $5,036,000 is for deposit into 
the Utah Reclamation Mitigation and Conservation Account 
pursuant to title IV of the Reclamation Projects Authorization 
and Adjustment Act of 1992.

           Falcon and Amistad Operating and Maintenance Fund

    For operation, maintenance, and emergency costs for the 
hydroelectric facilities at the Falcon and Amistad Dams, 
$1,010,000, to remain available until expended, and to be 
derived from the Falcon and Amistad Operating and Maintenance 
Fund of the Western Area Power Administration, as provided in 
section 423 of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995.

                  Federal Energy Regulatory Commission


                         salaries and expenses


    For necessary expenses of the Federal Energy Regulatory 
Commission to carry out the provisions of the Department of 
Energy Organization Act (42 U.S.C. 7101 et seq.), including 
services as authorized by 5 U.S.C. 3109, the hire of passenger 
motor vehicles, and official reception and representation 
expenses (not to exceed $3,000), $167,500,000, to remain 
available until expended: Provided, That notwithstanding any 
other provision of law, not to exceed $167,500,000 of revenues 
from fees and annual charges, and other services and 
collections in fiscal year 1999 shall be retained and used for 
necessary expenses in this account, and shall remain available 
until expended: Provided further, That the sum herein 
appropriated from the General Fund shall be reduced as revenues 
are received during fiscal year 1999 so as to result in a final 
fiscal year 1999 appropriation from the General Fund estimated 
at not more than $0.

                           GENERAL PROVISIONS

                          Department of Energy

    Sec. 301. (a) None of the funds appropriated by this Act or 
any prior appropriations Act may be used to award a management 
and operating contract unless such contract is awarded using 
competitive procedures or the Secretary of Energy grants, on a 
case-by-case basis, a waiver to allow for such a deviation. The 
Secretary may not delegate the authority to grant such a 
waiver.
    (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 DefenseAuthorization 
Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2644; 42 U.S.C. 
7274h).
    Sec. 304. None of the funds appropriated by this Act or any 
prior appropriations Act may be used to augment the $29,900,000 
made available for obligation by this Act for severance 
payments and other benefits and community assistance grants 
under section 3161 of the National Defense Authorization Act 
for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2644; 42 
U.S.C. 7274h).
    Sec. 305. None of the funds appropriated by this Act or any 
prior appropriations Act may be used to prepare or initiate 
Requests For Proposals (RFPs) for a program if the program has 
not been funded by Congress.


                   (transfers of unexpended balances)


    Sec. 306. The unexpended balances of prior appropriations 
provided for activities in this Act may be transferred to 
appropriation accounts for such activities established pursuant 
to this title. Balances so transferred may be merged with funds 
in the applicable established accounts and thereafter may be 
accounted for as one fund for the same time period as 
originally enacted.
    Sec. 307. Notwithstanding 41 U.S.C. section 254c(a), the 
Secretary of Energy may use funds appropriated by this Act to 
enter into multiyear contracts for the acquisition of property 
or services without obligating the estimated costs associated 
with any necessary cancellation or termination of the contract. 
The Secretary of Energy may pay costs of termination or 
cancellation from--
            (1) appropriations originally available for the 
        performance of the contract concerned;
            (2) appropriations currently available for 
        procurement of the type of property or services 
        concerned, and not otherwise obligated; or
            (3) funds appropriated for those payments.
    Sec. 308. None of the funds in this Act may be used to 
dispose of transuranic waste in the Waste Isolation Pilot Plant 
which contains concentrations of plutonium in excess of 20 
percent by weight for the aggregate of any material category on 
the date of enactment of this Act, or is generated after such 
date.
    Sec. 309. Change of Name of the Office of Energy Research. 
(a) In General.--Section 209 of the Department of Energy 
Organization Act (42 U.S.C. 7139) is amended--
            (1) in the section heading, by striking ``energy 
        research'' and inserting ``science''; and
            (2) in subsection (a), by striking ``Energy 
        Research'' and inserting ``Science''.
    (b) Conforming Amendments.--
            (1) Table of contents.--The table of contents in 
        the first section of the Department of Energy 
        Organization Act (42 U.S.C. prec. 7101) is amended by 
        striking the item relating to section 209 and inserting 
        the following:

``Section 209. Office of Science.''.

            (2) References in other law.--Each of the following 
        is amended by striking ``Energy Research'' and 
        inserting ``Science'':
                    (A) The item relating to the Director, 
                Office of Energy Research, Department of Energy 
                in section 5315 of title 5, United States Code.
                    (B) Section 2902(b)(6) of title 10, United 
                States Code.
                    (C) Section 406(h)(2)(A)(v) of the Public 
                Health Service Act (42 U.S.C. 
                284a(h)(2)(A)(v)).
                    (D) Sections 3167(3) and 3168 of the 
                Department of Energy Science Education 
                Enhancement Act (42 U.S.C. 7381d(3), 7381e).
                    (E) Paragraphs (1) and (2) of section 
                224(b) of the Nuclear Waste Policy Act of 1982 
                (42 U.S.C. 10204(b)).
                    (F) Section 2203(b)(3)(A)(i) of the Energy 
                Policy Act of 1992 (42 U.S.C. 
                13503(b)(3)(A)(i)).
    Sec. 310. Maintenance of Security at DOE Uranium Enrichment 
Plants.--Section 3107(h) of theUSEC Privatization Act (42 
U.S.C. 2297h-5(h)) is amended in paragraph (1), by striking ``an 
adequate number of security guards'' and inserting ``all security 
police officers''; and by inserting the following paragraph:
            ``(2) Funding.--
                    ``(A) The costs of arming and providing 
                arrest authority to the security police 
                officers required under paragraph (1) shall be 
                paid as follows:
                            ``(i) the Department of Energy (the 
                        ``Department'') shall pay the 
                        percentage of the costs equal to the 
                        percentage of the total number of 
                        employees at the gaseous diffusion 
                        plant who are (I) employees of the 
                        Department or the contractor or 
                        subcontractors of the Department or 
                        (II) employees of the private entity 
                        leasing the gaseous diffusion plant who 
                        perform work on behalf of the 
                        Department (including employees of a 
                        contractor or subcontractor of the 
                        private entity), and
                            ``(ii) the private entity leasing 
                        the gaseous diffusion plant shall pay 
                        the percentage of the costs equal to 
                        the percentage of the total number of 
                        employees at the gaseous diffusion 
                        plant who are employees of the private 
                        entity (including employees of a 
                        contractor or subcontractor) other than 
                        those employees who perform work for 
                        the Department.
                    ``(B) Neither the private entity leasing 
                the gaseous diffusion plant nor the Department 
                shall reduce its payments under any contract or 
                lease or take other action to offset its share 
                of the costs referred to in subparagraph (A), 
                and the Department shall not reimburse the 
                private entity for the entity's share of these 
                costs.
                    ``(C) Nothing in this subsection shall 
                alter the Department's responsibilities to pay 
                the safety, safeguards and security costs 
                associated with the Department's highly 
                enriched uranium activities.''.
    Sec. 311. None of the funds in this Act may be used by the 
Department of Energy to conduct pilot projects simulating 
external regulation unless the Nuclear Regulatory Commission, 
the Occupational Safety and Health Administration, and the 
appropriate State and local regulatory entities are included in 
the pilot projects.
    Sec. 312. Of the amounts provided in this title under the 
heading, ``Atomic Energy Defense Activities, Weapons 
Activities'', $57,000,000 shall not be available for obligation 
until September 30, 1999.

                                TITLE IV

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

    For expenses necessary to carry out the programs authorized 
by the Appalachian Regional Development Act of 1965, as 
amended, notwithstanding section 405 of said Act, for necessary 
expenses for the Federal Co-Chairman and the alternate on the 
Appalachian Regional Commission, for payment of the Federal 
share of the administrative expenses of the Commission, 
including services as authorized by 5 U.S.C. 3109, and hire of 
passenger motor vehicles, $66,400,000, to remain available 
until expended.

                           Denali Commission

    For expenses of the Denali Commission including the 
purchase, construction and acquisition of plant and capital 
equipment as necessary and other expenses, $20,000,000, to 
remain available until expended, subject to enactment of 
authorization by law.

                Defense Nuclear Facilities Safety Board


                         salaries and expenses


    For necessary expenses of the Defense Nuclear Facilities 
Safety Board in carrying out activities authorized by the 
Atomic Energy Act of 1954, as amended by PublicLaw 100-456, 
section 1441, $16,500,000, to remain available until expended.

                     Nuclear Regulatory Commission


                         salaries and expenses


    For necessary expenses of the Commission in carrying out 
the purposes of the Energy Reorganization Act of 1974, as 
amended, and the Atomic Energy Act of 1954, as amended, 
including official representation expenses (not to exceed 
$15,000); $465,000,000, to remain available until expended: 
Provided, That of the amount appropriated herein, $17,000,000 
shall be derived from the Nuclear Waste Fund: Provided further, 
That revenues from licensing fees, inspection services, and 
other services and collections estimated at $444,800,000 in 
fiscal year 1999 shall be retained and used for necessary 
salaries and expenses in this account, notwithstanding 31 
U.S.C. 3302, and shall remain available until expended: 
Provided further, That $3,200,000 of the funds herein 
appropriated for regulatory reviews and other assistance 
provided to the Department of Energy and other Federal agencies 
shall be excluded from license fee revenues, notwithstanding 42 
U.S.C. 2214: Provided further, That the sum herein appropriated 
shall be reduced by the amount of revenues received during 
fiscal year 1999 so as to result in a final fiscal year 1999 
appropriation estimated at not more than $20,200,000.


                      office of inspector general


    For necessary expenses of the Office of Inspector General 
in carrying out the provisions of the Inspector General Act of 
1978, as amended, $4,800,000, to remain available until 
expended: Provided, That the sum herein appropriated shall be 
reduced by the amount of revenues received during fiscal year 
1999 so as to result in a final fiscal year 1999 appropriation 
estimated at not more than $0.

                  Nuclear Waste Technical Review Board


                         salaries and expenses


    For necessary expenses of the Nuclear Waste Technical 
Review Board, as authorized by Public Law 100-203, section 
5051, $2,600,000, to be derived from the Nuclear Waste Fund, 
and to remain available until expended.

                      TITLE V--GENERAL PROVISIONS

    Sec. 501. None of the funds appropriated by this Act may be 
used in any way, directly or indirectly, to influence 
congressional action on any legislation or appropriation 
matters pending before Congress, other than to communicate to 
Members of Congress as described in section 1913 of title 18, 
United States Code.
    Sec. 502. (a) Purchase of American-Made Equipment and 
Products.--It is the sense of the Congress that, to the 
greatest extent practicable, all equipment and products 
purchased with funds made available in this Act should be 
American-made.
     (b) Notice Requirement.--In providing financial assistance 
to, or entering into any contract with, any entity using funds 
made available in this Act, the head of each Federal agency, to 
the greatest extent practicable, shall provide to such entity a 
notice describing the statement made in subsection (a) by the 
Congress.
     (c) Prohibition of Contracts With Persons Falsely Labeling 
Products as Made in America.--If it has been finally determined 
by a court or Federal agency that any person intentionally 
affixed a label bearing a ``Made in America'' inscription, or 
any inscription with the same meaning, to any product sold in 
or shipped to the United States that is not made in the United 
States, the person shall be ineligible to receive any contract 
or subcontract made with funds made available in this Act, 
pursuant to the debarment, suspension, and ineligibility 
procedures described in sections 9.400 through 9.409 of title 
48, Code of Federal Regulations.
    Sec. 503. (a) None of the funds appropriated or otherwise 
made available by this Act may be used to determine the final 
point of discharge for the interceptor drain for the San Luis 
Unit until development by the Secretary of the Interior and the 
State of California of a plan, which shall conform to the water 
quality standards of the State of California as approved by the 
Administrator of the Environmental Protection Agency, to 
minimize any detrimental effect of the San Luis drainage 
waters.
    (b) The costs of the Kesterson Reservoir Cleanup Program 
and the costs of the San Joaquin Valley Drainage Program shall 
be classified by the Secretary of the Interior as reimbursable 
or nonreimbursable and collected until fully repaid pursuant to 
the ``Cleanup Program--Alternative Repayment Plan'' and the 
``SJVDP--Alternative Repayment Plan'' described in the report 
entitled ``Repayment Report, Kesterson Reservoir Cleanup 
Program and San Joaquin Valley Drainage Program, February 
1995'', prepared by the Department of the Interior, Bureau of 
Reclamation. Any future obligations of funds by the United 
States relating to, or providing for, drainage service or 
drainage studies for the San Luis Unit shall be fully 
reimbursable by San Luis Unit beneficiaries of such service or 
studies pursuant to Federal Reclamation law.
    Sec. 504. None of the funds made available in this or any 
other Act may be used to restart the High Flux Beam Reactor.
    Sec. 505. Section 6101(a)(3) of the Omnibus Budget 
Reconciliation Act of 1990, as amended, (42 U.S.C. 2214(a)(3)) 
is amended by striking ``September 30, 1998'' and inserting 
``September 30, 1999''.
    Sec. 506. (a) Funds appropriated for ``Nuclear Regulatory 
Commission--Salaries and Expenses'' shall be available to the 
Commission for the following additional purposes:
            (1) Employment of aliens.
            (2) Services authorized by section 3109 of title 5, 
        United States Code.
            (3) Publication and dissemination of atomic 
        information.
            (4) Purchase, repair, and cleaning of uniforms.
            (5) Reimbursements to the General Services 
        Administration for security guard services.
            (6) Hire of passenger motor vehicles and aircraft.
            (7) Transfers of funds to other agencies of the 
        Federal Government for the performance of the work for 
        which such funds are appropriated, and such transferred 
        funds may be merged with the appropriations to which 
        they are transferred.
            (8) Transfers to the Office of Inspector General of 
        the Commission, not to exceed an additional amount 
        equal to 5 percent of the amount otherwise appropriated 
        to the Office for the fiscal year. Notice of such 
        transfers shall be submitted to the Committees on 
        Appropriations.
    (b) Funds appropriated for ``Nuclear Regulatory 
Commission--Office of Inspector General'' shall be available to 
the Office for the additional purposes described in paragraphs 
(2) and (7) of subsection (a).
    (c) Moneys received by the Commission for the cooperative 
nuclear research program, services rendered to State 
governments, foreign governments, and international 
organizations, and the material and information access 
authorization programs, including criminal history checks under 
section 149 of the Atomic Energy Act of 1954 (42 U.S.C. 2169) 
may be retained and used for salaries and expenses associated 
with those activities, notwithstanding 31 U.S.C. 3302, and 
shall remain available until expended.
    (d) Notwithstanding section 663(c)(2)(D) of Public Law 104-
208, and to facilitate targeted workforce downsizing and 
restructuring, the Chairman of the Nuclear Regulatory 
Commission may use funds appropriated in this Act to exercise 
the authority provided by section 663 of that Act with respect 
to employees who voluntarily separate from the date of 
enactment of this Act through December 31, 2000. All of the 
requirements in section 663 of Public Law 104-208, except for 
section 663(c)(2)(D), apply to the exercise of authority under 
this section.
    (e) Subsections (a), (b), and (c) of this section shall 
apply to fiscal year 1999 and each succeeding fiscal year.


                          (transfer of funds)


    Sec. 507. Federal Payment to the District of Columbia, 
Criminal Justice System.--Of the amounts appropriated as a 
Federal payment under the District of Columbia Appropriations 
Act, 1998, to the Pretrial Services, Defense Services, Parole, 
Adult Probation and Offender Supervision Trustee, $1,700,000 
are hereby transferred to the District of Columbia Courts for 
court operations.


              designation of vic fazio yolo wildlife area


    Sec. 508. The wetlands located in Yolo County, California, 
and known as the Yolo Basin Wetlands, shall be known and 
designated as the ``Vic Fazio Yolo Wildlife Area''. Any 
reference in law, map, regulation, document, paper, or other 
record of the United States to the wetlandsshall be deemed to 
be a reference to the ``Vic Fazio Yolo Wildlife Area''.


             dale bumpers wildlife resources protection act


    Sec. 509. The Arkansas Wilderness Act of 1984 (Public Law 
98-508, 98 Stat. 2349) is amended by adding at the end thereof 
the following new section:

``SEC. 8. RECOGNIZING THE CONTRIBUTIONS OF SENATOR DALE BUMPERS.

    ``(a) Dedication.--The nine areas in the State of Arkansas 
comprising approximately 91,100 acres designated as components 
of the National Wilderness Preservation System pursuant to this 
Act are hereby dedicated to United States Senator Dale Bumpers 
in recognition of his leadership and outstanding contributions 
to the designation of wilderness in the State of Arkansas and 
to the protection and preservation of natural resources for the 
benefit of the people of the United States.
    ``(b) Short Title.--In further recognition of his efforts 
to protect wilderness resources in the State of Arkansas, this 
Act shall, upon enactment of this section, be known as the 
`Dale Bumpers Wilderness Resources Protection Act'.
    ``(c) Public Notification.--Not later than 180 days after 
the date of enactment of this section, the Secretary of 
Agriculture, acting through the Chief of the Forest Service, 
shall take such actions as may be necessary to recognize the 
contributions of Senator Dale Bumpers to the preservation of 
wilderness in the State of Arkansas. Such actions shall 
include, but not be limited to, appropriate signs and other 
materials, commemorative markers, maps, interpretive programs 
or other means as will adequately inform the public of the 
efforts of Senator Bumpers to preserve and protect National 
Forest wilderness areas in the State of Arkansas.''.
    This Act may be cited as the ``Energy and Water Development 
Appropriations Act, 1999''.
      And the Senate agree to the same.

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

                                   Pete Domenici,
                                   Thad Cochran,
                                   Slade Gorton,
                                   Mitch McConnell,
                                   R. F. Bennett,
                                   Conrad Burns,
                                   Larry E. Craig,
                                   Ted Stevens,
                                   Harry Reid,
                                   Robert Byrd,
                                   Fritz Hollings,
                                   Patty Murray,
                                   Herb Kohl,
                                   Byron L. Dorgan,
                                   Daniel 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. 4060) making 
appropriations for energy and water development for the fiscal 
year ending September 30, 1999, 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 
105-581 and Senate Report 105-206 should be compiled 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 
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 $161,747,000 for 
General Investigations instead of $162,823,000 as proposed by 
the House and $165,390,000 as proposed by the Senate.
      The conference agreement includes $100,000 for a 
reconnaissance study of flood control and related purposes 
along Burnt Corn Creek and Murder Creek in the vicinity of 
Brewton and East Brewton, Alabama.
      The conference agreement includes $100,000 for a 
reconnaissance study of the City of Folsom, California, 
project, as authorized by Section 503 of the Water Resources 
Development Act of 1996.
      The conference agreement includes final year funding to 
conclude demonstration studies on the seismic reliability of 
public infrastruture in California.
      The conferees direct that the funds provided for the 
Delaware Bay Coastline, Delaware and New Jersey, project be 
distributed as follows: $119,000 for the Villas and Vicinity 
portion; $100,000 for the Roosevelt/Lewes Beach portion; and 
$200,000 for the Port Mahon portion of the project.
      The conference agreement includes $100,000 for a 
reconnaissance study of the efficiency of existing water 
systems serving sugar cane plantations and surrounding 
communities in the State of Hawaii.
      The conference agreement does not include funding for the 
Panther Creek, Kentucky, project in the General Investigations 
account. Funding for this project has been provided in the 
Construction, General account, under the Section 205 Small 
Flood Control Projects program of the Corps of Engineers.
      The conference agreement includes $113,000 for the 
Absecon Island element of the Brigantine Inlet to Great Egg 
Harbor Inlet, New Jersey, project.
      The conferees direct that the funds provided for the 
Raritan Bay to Sandy Hook Bay, New Jersey, project be 
distributed as follows: $225,000 for the Cliffwood Beach 
element; $325,000 for the Union Beach element; $100,000 for the 
Leonardo element; and $100,000 for the Port Monmouth element of 
the project.
      The conference agreement includes $100,000 for a 
reconnaissance study of flood control and related purposes 
within the Woodbridge and Rahway river basins in New Jersey.
      The conference agreement includes $500,000 for a 
feasibility study of the Packery Channel, Corpus Christi, 
Texas, project.
      The conference agreement includes $100,000 for a 
reconnaissance study as directed by the Water Resources and 
Development Act of 1996 to determine the minimum safe height 
for levees along the Columbia River in the Tri-Cities area.
      The conference agreement includes $100,000 for a 
reconnaissance study of flooding problems in the Skokomish 
River Basin, Washington.
      The conference agreement includes $27,000,000 for 
Research and Development as proposed by the House instead of 
$30,000,000 as proposed by the Senate. Of the amount provided, 
$750,000 is for the Zebra Mussel Research 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, 
$419,000; Tampa Harbor, Alafia Channel, Florida, $200,000; 
Barnegat Inlet to Little Egg Harbor Inlet, New Jersey, 
$322,000; Brigantine Inlet to Great Egg Harbor Inlet, New 
Jersey, $113,000; Great Egg Harbor Inlet to Townsend's Inlet, 
New Jersey, $200,000; Lower Cape May Meadows--Cape May Point, 
New Jersey, $100,000; Manasquan Inlet to Barnegat Inlet, New 
Jersey, $300,000; Raritan Bay to Sandy Hook Bay, New Jersey, 
$750,000; and Townsend's Inlet to Cape May Inlet, New Jersey, 
$250,000.
      The conference agreement deletes funds earmarked in the 
Senate bill for the Atlanta Watershed, Atlanta, Georgia, 
project.
      The conference agreement deletes language contained in 
the Senate bill providing funds for Rehoboth and Dewey Beaches, 
Delaware. The amount appropriated for General Investigations 
includes $150,000 for this element of the Delaware Coast from 
Cape Henlopen to Fenwick Island, Delaware, project.
      The conference agreement deletes language contained in 
the Senate bill providing funds for Fort Pierce Shore 
Protection, Florida. This project has been funded in the 
Construction, General account.
      The conference agreement deletes language contained in 
the Senate bill providing funds for the Lido Key Beach, 
Florida, project. The amount appropriated for General 
Investigations includes $268,000 for this project. The 
conference agreement also deletes language contained in the 
Senate bill providing funds for the Paducah, Kentucky, project. 
The amount appropriated for General Investigations includes 
$100,000 for a reconnaissance study of the project. The 
conference agreement also deletes language contained in the 
Senate bill providing funds for the Lake Pontchartrain Basin 
Comprehensive Study, Louisiana, project.
      The conference agreement includes language proposed by 
both the House and Senate directing the Corps of Engineers to 
use $700,000 of previously appropriated funds to continue the 
feasibility phase of the Red River Navigation, Southwest 
Arkansas, project.
      The conference agreement includes language proposed by 
the House 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, and language proposed by the House directing 
the Corps of Engineers to use $300,000 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.

                         construction, general

      The conference agreement appropriates $1,429,885,000 for 
Construction, General instead of $1,456,529,000 as proposed by 
the House and $1,248,068,000 as proposed by the Senate.
      The conference agreement includes $585,000 for channel 
extension work at the Mobile Harbor, Alabama, project.
      The conference agreement provides $3,500,000 for the Red 
River Emergency Bank Protection, Arkansas, project. Using those 
funds, the Corps of Engineers is directed to proceed with the 
components of the project identified in the House and Senate 
reports.
      The conferees direct the Corps of Engineers to complete a 
reevaluation report of the Sacramento River Deepwater Ship 
Channel, California, project using available funds.
      Funds provided for the Sacramento River Bank Protection 
Project in California will permit the Corps of Engineers to 
complete reinforcement and protection work on a five-mile 
section of Reclamation District 108's so-called Back Levee, the 
left bank of the Colusa Basin Drain.
      The conferees direct that none of the funds provided for 
the Dade County, Florida, project shall be used for the 
acquisition of foreign source materials for the project unless 
the Secretary of the Army provides written certification to the 
Committees on Appropriations that domestic sources of materials 
are not available.
      It is the intent of conferees that the Secretary of the 
Army, acting through the Chief of Engineers, use appropriations 
for the Chicago Shoreline, Illinois, project for construction 
and reimbursement to the non-Federal interest for the Federal 
share of any costs incurred by the non-Federal interest in 
reconstructing the revetment structures protecting Solidarity 
Drive in Chicago completed prior to execution of the Project 
Cooperation Agreement due to emergency circumstances associated 
with the potential collapse of existing revetment. It is the 
intent of the conferees that design, engineering, contracting 
and construction management of the Chicago Shoreline, Illinois, 
project be carried out directly by the Secretary of the Army, 
acting through the Chief of Engineers, except for those 
segments authorized in subsections 101(a)(12)(A) and (B) of 
Public Law 104-303.
      The conferees remain supportive of the Des Plaines 
Wetlands Demonstration, Illinois, project and understand that 
sufficient funds will be carried forward into fiscal year 1999 
to meet project requirements for the coming year.
      The conference agreement includes $1,000,000 for 
construction of the Comite River, Louisiana, project.
      The conference agreement includes $3,800,000 for the 
Mississippi River, Gulf Outlet, Louisiana, project. The Corps 
of Engineers is directed to use these funds to begin 
construction of, and implementation of the community impact 
mitigation plan for, the Inner Harbor Navigation Canal Lock 
replacement element of the project.
      The conference agreement includes $6,200,000 for the 
Jackson County, Mississippi, environmental infrastructure 
project as authorized by section 504 of the Water Resources 
Development Act of 1996. Because of the importance of this 
project, the Corps of Engineers is encouraged to include within 
the terms of the local cooperation agreement for construction 
the determination that all work completed after January 17, 
1995 by non-Federal interests which is compatible with the 
project shall be considered part of the project and may be 
credited by the Secretary toward the non-Federal share of the 
cost of the project. Such work shall include those activities 
addressed by the Corps of Engineers conceptual design review 
report dated June 30, 1994.
      The conferees would not oppose the execution of a 
contract for the Pascagoula Harbor, Mississippi, phase II 
dredging project that includes project modifications for the 
extension of Bayou Cassotte.
      The conference agreement includes a total of $38,500,000 
for the Levisa and Tug Forks of the Big Sandy River and Upper 
Cumberland River, West Virginia, Virginia and Kentucky, 
project. These funds are to be distributed as follows: 
$10,000,000 for the Harlan/Clover Fork, Kentucky, element; 
$1,000,000 for the Cumberland City/Harlan County, Kentucky, 
element; $1,500,000 for the Williamsburg, Kentucky, element; 
$5,000,000 for the Middlesboro, Kentucky, element; $4,150,000 
for the Pike County, Kentucky, element; $3,850,000 for the 
Martin County, Kentucky, element; $730,000 for the Town of 
Martin, Kentucky, element; $920,000 for the Grundy, Virginia, 
element; $300,000 for the Hatfield Bottom, West Virginia, 
element; $3,400,000 for the Lower Mingo County (Kermit), West 
Virginia, element; $4,500,000 for the McDowell County, West 
Virginia, element; $1,475,000 for the Upper Mingo County, West 
Virginia, element; and $1,675,000 for the Wayne County, West 
Virginia, element.
      The conference agreement includes $60,000,000 for the 
Columbia River Fish Mitigation, Washington, Oregon, and Idaho, 
project instead of $7,758,000 as proposed by the House and 
$95,000,000 as proposed by the Senate. Funds are provided for 
phase I only of the John Day Reservoir drawdown study as 
outlined in the scoping document and report of the Corps of 
Engineers dated February 22, 1998. Funds are also provided to 
continue the lower Snake River feasibility study and to 
continue ongoing construction activity.
      The conference agreement includes $11,200,000 for the 
Section 206 program. Using those funds, the Corps of Engineers 
is directed to proceed with the projects described in the House 
and Senate reports.
      The conference agreement includes $2,000,000 for the 
Section 103 program. Using those funds, the Corps of Engineers 
is directed to proceed with the project described in the House 
report.
      The conferees recognize the serious erosion problems 
being experienced on the east end of Dauphin Island, Alabama. 
To counter this threat to property and habitat, the conferees 
urge the U.S. Army Corps of Engineers, acting in coordination 
with non-Federal interests, to initiate a small beach 
restoration project on the east end of Dauphin Island, Alabama, 
utilizing alternative sand recapture technologies. 
Additionally, the conferees encourage the U.S. Army Corps of 
Engineers to work with non-Federal interests to begin near-
shore disposal of appropriate dredge material on the east end 
of Dauphin Island, Alabama.
      The conference agreement includes $300,000 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 conference agreement includes $7,000,000 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 $34,800,000 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. Of the amount provided for the Section 205 
program, $100,000 is for the Port Indian, West Norriton 
Township, Pennsylvania, project; $100,000 is for studies of 
flooding problems along the Mad River, New Haven River, Otter 
Creek, White River, Waits River and affected tributaries in 
Vermont; and $1,550,000 is for the Cedar River, Washington, 
flood damage reduction project.
      The conference agreement includes $200,000 for the 
Section 111 program. Using those funds, the Corps of Engineers 
is directed to proceed with the project described in the House 
report.
      The conference agreement includes $6,000,000 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 conferees strongly urge the Corps of 
Engineers to consider the concept design developed by the State 
of Minnesota in the planning and design of the Duluth (McQuade 
Road) Harbor, Minnesota, project.
      The conference agreement includes $11,000,000 for the 
Section 1135 program. Using those funds, the Corps of Engineers 
is directed to proceed with the projectsdescribed in the House 
and Senate reports. Of the amount provided for the Section 1135 
program, $500,000 is for the Green-Duwamish Ecosystem Restoration 
project and $1,758,000 is for the Lower Hamm Creek, Washington, 
project.
      The conference agreement includes language proposed by 
the House providing funds specifically for Part I of the Lock 
and Dam 24, Mississippi River, Illinois and Missouri, project 
instead of language proposed by the Senate providing funds to 
the project without reference to Part I.
      The conferees have included language in the bill 
earmarking funds for the following projects in the amounts 
specified: Norco Bluffs, California, $4,400,000; Panama City 
Beaches, Florida, $6,000,000; Tybee Island, Georgia, 
$1,200,000; Indiana Shoreline Erosion, Indiana, $700,000; 
Indianapolis Central Waterfront, Indiana, $4,000,000; Ohio 
River Flood Protection, Indiana, $750,000; Harlan/Clover Fork, 
Williamsburg, Middlesboro, Martin County, Pike County and Town 
of Martin (Levisa and Tug Forks of the Big Sandy River and 
Upper Cumberland River), Kentucky, $25,230,000; Southern and 
Eastern Kentucky, Kentucky, $4,000,000; Lake Pontchartrain and 
Vicinity (Hurricane Protection), Louisiana, $16,000,000; Lake 
Pontchartrain Stormwater Discharge, Louisiana, $4,500,000; 
Southeast Louisiana, Louisiana, $75,000,000; Jackson County, 
Mississippi, $6,200,000; Natchez Bluff, Mississippi, 
$4,000,000; Pascagoula Harbor, Mississippi, $12,000,000; 
Passaic River Streambank Restoration, New Jersey, $3,000,000; 
Lackawanna River, Olyphant, Pennsylvania, $6,800,000; 
Lackawanna River, Scranton, Pennsylvania, $40,551,000; South 
Central Pennsylvania Environment Improvement Program, 
Pennsylvania, $39,000,000; Wallisville Lake, Texas, $5,500,000; 
Virginia Beach, Virginia (Hurricane Protection), $18,000,000; 
Upper Mingo County, Lower Mongo County, Wayne County, Hatfield 
Bottom, and McDowell County (Levisa and Tug Forks of the Big 
Sandy River and Upper Cumberland River), West Virginia, 
$11,350,000; and West Virginia and Pennsylvania Flood Control, 
West Virginia and Pennsylvania, $750,000.
      The conference agreement includes language proposed by 
the House providing that, of the amount provided for the South 
Central Pennsylvania Environment Improvement Program, 
$13,000,000 shall be available only for water-related 
environmental infrastructure and resource protection and 
development projects in Lackawanna, Lycoming, Susquehanna, 
Wyoming, Pike and Monroe counties in Pennsylvania in accordance 
with the purposes of subsection (a) and requirements of 
subsections (b) through (e) of section 313 of the Water 
Resources Development Act of 1992, as amended. These funds are 
provided for water-related environmental infrastructure 
projects at the following sites in the amounts specified: 
Athens Township, Bradford County, $1,000,000; Central Bradford 
Progress Authority, Bradford County, $2,000,000; Towanda Area 
Municipal Authority, Bradford County, $450,000; South Abington 
Water Authority, Lackawanna County, $350,000; Borough of Clark 
Summit, Lackawanna County, $500,000; Covington Township Sewer 
Authority, Lackawanna County, $1,000,000; Moosic Borough, 
Lackawanna County, $700,000; Williamsport Municipal Authority, 
Lycoming County, $400,000; Lycoming County Water and Sewer 
Authority, $2,700,000; Tobyhanna Township, Monroe County, 
$200,000; Pike County $3,000,000; and Sullivan County, 
$700,000.
      Of the remaining amount provided for the South Central 
Pennsylvania Environment Improvement Program, funds are 
provided for water-related environmental infrastructure 
projects at the following sites in the amounts specified: Broad 
Top Township; Bedford County, $500,000; Chestnut Ridge 
Municipal Authority, Bedford County, $2,000,000; Northern Blair 
County Regional Sewer Authority, Blair County, $650,000; 
Burnside Borough, Clearfield County, $50,000; Graham Township, 
Clearfield County, $500,000; Curwensville Municipal Authority, 
Clearfield County, $500,000; Glen Hope Water Association, 
Clearfield County, $100,000; Irvona Municipal Authority, 
Clearfield County, $500,000; West Decatur Township, Clearfield 
County, $200,000; Guilford Township, Franklin County, $500,000; 
Alexandria Borough/Porter Township, Huntingdon County, 
$500,000; Mount Union, Huntingdon County, $500,000; Huntingdon 
Borough, Huntingdon County, $850,000; Orbisonia Borough, 
Huntingdon County, $300,000; Mifflintown Municipal Authority, 
Juniata County, $500,000; Juniata terrace Borough, Mifflin 
County, $500,000; Adams Township, Snyder County, $350,000; and 
Middleburg Borough, Snyder County, $1,000,000..
      The conference agreement includes language proposed by 
the House directing the Secretary of the Army to 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 a single 
project. The conference agreement also includes language 
proposed by the House making funds previously appropriated for 
the restoration of the Lackawanna River Basin Corridor, 
Pennsylvania, available for other projects and activities on 
the Lackawanna River in Pennsylvania.
      The conference agreement includes language proposed by 
the House directing the Secretary of the Army to implement 
Section 211(f)(6) of the Water ResourcesDevelopment 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. The 
conference agreement includes $4,500,000 to implement this direction 
instead of $6,000,000 as proposed by the House and $3,000,000 as 
proposed by the Senate.
      The conference agreement includes language proposed by 
the Senate that increases the appropriation ceiling for the 
Cook Inlet, Alaska, project and for the Natchez Bluff, 
Mississippi, project. In addition, the conference agreement 
includes language that increases the appropriation ceiling for 
the West Sacramento, California, project, and the Sacramento 
River, Glenn-Colusa Irrigation District, California, project.
      The conference agreement includes language providing that 
the Corps of Engineers may use up to $5,000,000, instead of 
$8,000,000 as proposed by the Senate, to construct an emergency 
outlet from Devils Lake, North Dakota, to the Sheyenne River. 
The Corps may proceed with this project using available funds. 
The conference agreement deletes language proposed by the 
Senate designating the appropriation as an emergency. The 
conference agreement includes language proposed by the Senate 
subjecting the expenditure of funds on this project to a number 
of conditions. Although the conferees do not specifically 
endores the Senate report language regarding this project, they 
are prepared to consider providing additional resources if 
circumstances warrant.
      The conference agreement includes language providing for 
the transfer of remaining General Investigations funds 
previously appropriated for the Juniata River, Pennsylvania, 
study and the Mussers Dam, Pennsylvania, project to 
Construction, General for use in specified components of the 
South Central Pennsylvania Environment Improvement Program.
      The conference agreement deletes language proposed by the 
Senate directing the Corps of Engineers to use funds previously 
appropriated for the LaFarge Lake, Kickapoo River, Wisconsin, 
project to complete and transmit to the appropriate committees 
of Congress by January 15, 1999 a decision document on the 
advisability of undertaking activities authorized by Public Law 
104-303.
      The conference agreement deletes language proposed by the 
Senate earmarking funds for: a demonstration of sediment 
remediation technology; the Belle Isle Shoreline Erosion 
Protection, Michigan, project; the Riverfront Towers to 
Renaissance Center Shoreline Protection, Michigan, project; and 
the Great Lakes Basin Sea Lamprey Control, Michigan, project.

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

      The conference agreement appropriates $321,149,000 for 
Flood Control, Mississippi River and Tributaries instead of 
$312,077,000 as proposed by the House and $313,234,000 as 
proposed by the Senate.
      The conferees observe that Congress provided $1,500,000 
above the budget request in fiscal year 1998 for a grant study 
of Morganza, Louisiana, to the Gulf of Mexico. These funds were 
provided to the Corps of Engineers to expedite preconstruction 
engineering and design as recommended in the report issued in 
response to Section 425 of the Water Resources Development Act 
of 1996.

                   Operation and Maintenance, General

      The conference agreement appropriates $1,653,252,000 for 
Operation and Maintenance, General instead of $1,637,719,000 as 
proposed by the House and $1,667,572,000 as proposed by the 
Senate.
      The Corps of Engineers is directed to use such available 
funds as are necessary to continue environmental studies and 
other activities related to evaluation of the water allocation 
formulas for the Apalachicola-Chattahooche-Flint (ACF) and 
Alabama-Coosa-Tallapoosa (ACT) River Basins.
      The conference agreement includes $24,993,000 for 
operation and maintenance of the McClellan-Kerr Arkansas River 
Navigation System, Arkansas, project. Within this amount, 
$3,900,000 is for the acqusition and installation of tow 
haulage equipment for system locks.
      The conference agreement includes $5,200,000 for 
operation and maintenance of the Apalochicola Chattahooche and 
Flint Rivers, Georgia, Alabama and Florida, project. The amount 
above the budget request is for model studies of the Chipola 
Cutoff to the Corley Slough reach of the river.
      The amount above the budget request provided for the 
Kaskaskia River Navigation, Illinois, project is for the 
purpose described in the Senate Report.
      The conference agreement includes $4,677,000 for 
operation and maintenance of Wolf Creek Dam, Lake Cumberland, 
Kentucky, project. The amount above the budget request is for 
the Corps of Engineers to complete construction of the debris 
rack at Lake Cumberland, along with landscaping, fencing and 
bank paving.
      The conferees understand that failure of a containment 
dike threatens to severely impact critical habitat at the 
Blackwater Wildlife Refuge in Maryland and that the Corps of 
Engineers has been approached to offer assistance in resolving 
the problem. Given the potential impact to this significant 
wildlife resource, the Corps is encouraged to continue to work 
with interested parties and to use available authorities and 
resources as appropriate to assist in correcting the damaged 
dike.
      The conferees direct the Corps of Engineers to repair the 
west breakwater at the Cedar River Harbor, Michigan, project, 
using funds previously appropriated for the project.
      The conferees urge the Corps of Engineers to complete a 
section 111 report for the Ludington Harbor, Michigan, project 
to determine critical areas affected by the project, within 
available funds.
      The conferees are aware of the deteriorated condition of 
the Owasco Seawall, which threatens the water supply of Auburn, 
New York. The Corps of Engineers is directed to conduct 
emergency repairs and rehabilitate the east seawall, utilizing 
fully such authorities as exist in law.
      The conference agreement includes $9,546,000 for 
operation and maintenance of the Garrison Dam, Lake Sakakawea, 
North Dakota, project. The amount above the budget request is 
for mosquito control activities at Lake Sakakawea.
      The conferees have been informed of the potential need 
for mitigation dredging of the Charleston Harbor, South 
Carolina, navigation channel. The Corps of Engineers is 
directed to review the situation and to use available funds to 
perform additional dredging if safety conditions warrant.
      The amount above the budget request for the Fort Randall 
Dam, Lake Francis Case, South Dakota, project is provided for 
the purposes described in the Senate Report.
      The conference agreement includes $10,900,000 for the 
Grays Harbor and Chehalis River, Washington, project. Of this 
amount, $4,000,000 is for continued implementation of the south 
jetty maintenance project.
      The conference agreement includes $550,000 for the Tri-
Cities Area, Washington, project. This funding is for NEPA and 
CERCLA costs associated with land conveyance pursuant to 
section 501(i) of Public Law 104-303, the Water Resources 
Development Act of 1996.
      The conference agreement includes $2,000,000 for the 
Willapa River and Harbor, Washington, project for the Corps of 
Engineers to determine the appropriate, cost effective, stable 
channel alignment that will eliminate current unacceptable 
impacts, and to initiate work once a decision is made. In 
determining the appropriate alignment, the Corps is to pay 
particular attention to the erosion damage occurring to State 
Highway 105, the importance of the highway for access and 
egress to the local area, and the potential cost of road 
relocation if the highway is destroyed or has to be rerouted.
      The conferees are aware of a plan for the regionalization 
of water control management activities for projects operated by 
the Corps of Engineers. The conferees direct the Corps to brief 
the Committees on Appropriations of the House and Senate on the 
elements of such plan (and its impacts on current division and 
district operations and resources) prior to the plan's 
adoption.
      The conference agreement deletes language proposed by the 
House providing for the derivation of funding from the Harbor 
Maintenance Trust Fund.
      The conference agreement includes language in the bill 
proposed by the House earmarking $4,200,000 for the repair of 
Chickamauga Lock in Tennessee. Within this amount, such funds 
as are necessary may be expended on studies associated with the 
repair work, including assessments, evaluations, or analyses of 
the existing lock. The conference agreement deletes language 
proposed by the House making the appropriation for Chickamauga 
Lock subject to authorization.
      The conference agreement deletes language contained in 
the Senate bill providing funds for the Ponce DeLeon Inlet, 
Florida, project. The amount appropriated for Operation and 
Maintenance, General includes $4,000,000 for this project.
      The conference agreement deletes language contained in 
the Senate bill providing funds for the Delaware River, 
Philadelphia to the Sea, Pea Patch Island, Delaware and New 
Jersey, project. The amount appropriated for Operation and 
Maintenance, General includes $750,000 for this project.
      The conference agreement deletes language contained in 
the Senate bill providing funds for the Yaquina Bay and Harbor, 
North Marina Breakwater, Oregon, project. The amount 
appropriated for Operation and Maintenance, General includes 
$1,069,000 for this project.
      The conference agreement deletes language proposed by the 
Senate making available $460,000 for the Omaha District to pay 
pending takings claims for flooding ofproperty adjacent to the 
Missouri River. The conferees direct the Corps of Engineers to 
expeditiously process such claims and make prompt payment upon their 
disposition by settlement, adjudication, arbitration, or administrative 
process.
      The conference agreement also deletes language proposed 
by the Senate providing funding for the Missouri River Between 
Fort Peck Dam and Gavins Point, South Dakota and Montana, 
project. The amount appropriated for Operation ad Maintenance, 
General includes $3,000,000 for this project.
      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 
Habor navigation project. The conference agreement deletes 
language proposed by the Senate providing funds to reimburse 
the Tri-Cities Power Authority for the reevaluation study of 
the Bluestone Lake, West Virginia, project.
      The conference agreement includes language directing the 
Secretary of the Army to undertake maintenance and repairs on 
the Allegheny River, Pennsylvania, project, using $6,000,000 
provided in Public Law 105-62 for extending the navigation 
channel on the Allegheny River, Pennsylvania, project to 
provide passenger boat access to the Kittanning, Pennsylvania, 
Riverfront Park.

                           regulatory program

      The conference agreement appropriates $106,000,000 for 
the Regulatory Program as proposed by the Senate instead of 
$110,000,000 as proposed by the House.
      The conference agreement deletes language proposed by the 
Senate providing funding for the National Contaminated Sediment 
Task Force.

            formerly utilized sites remedial action program

                     (including transfer of funds)

      The conference agreement appropriates $140,000,000 for 
the Formerly Utilized Sites Remedial Action Program (FUSRAP) as 
proposed by both the House and the Senate, and adopts with 
modifications the statutory provisions proposed by the Senate. 
The modifications to the language clarify the authority of the 
Corps of Engineers as the lead Federal agency; permit the use 
of recovered or contributed funds for credit in the FUSRAP 
account and use on projects; and permit the Department of 
Energy to continue to make payments in lieu of taxes for 
Federally-owned property where FUSRAP activities are conducted.

                            general expenses

      The conference agreement appropriates $148,000,000 for 
General Expenses as proposed by the House and the Senate.
      The conference agreement includes language proposed by 
the House making funding specifically available for 
headquarters support functions at the USACE Finance Center. The 
conference agreement deletes language proposed by the House 
prohibiting the use of funds to support an office of 
congressional affairs within the executive office of the Chief 
of Engineers. The conference agreement deletes language 
proposed by the Senate making funds available for the 
implementation of a plan to reduce the number of division 
offices of the Corps of Engineers.
      The conferees are aware of a Defense Finance and 
Accounting Service initiative to assume the finance and 
accounting support functions which are now performed by the 
U.S. Army Corps of Engineers Finance and Accounting Center in 
Memphis, Tennessee. Because more than ninety-five percent of 
the Corps-wide operating budget is project funded, active 
oversight of accounting for operational and project costs is 
necessary to achieve maximum efficiency for project customers. 
To this end, the conferees are committed to the highest 
possible levels of finance and accounting support for the 
Corps. The Corps must continue to be a competitive engineering 
service provider, which necessitates full integration of 
financial and other business processes. This can be achieved 
only by retaining all of its finance and accounting activities 
at a central location: the U.S. Army Corps of Engineers Finance 
and Accounting Center. To ensure that the proposed 
capitalization by the Defense Finance and Accounting Service 
fully recognizes Corps missions and responsibilities, the Chief 
of Engineers is directed to report to the Committees on 
Appropriations on the progress of capitalization once detailed 
plans have been formulated.

                             revolving fund

      The conference agreement deletes 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 Elemendorf Air Force Base and which 
directs that the Revolving Fund shall be reimbursed from the 
benefitting appropriations by collections each year of user 
fees sufficient to repay the capital cost of the asset and to 
operate and maintain the asset. The conferees understand that 
the language is no longer required.
      The conference agreement includes language proposed by 
the Senate authorizing the Secretary of the Army to use amounts 
in the Revolving Fund for activities associated with the 
relocation of the headquarters of the Corps of Engineers and 
requiring that the Revolving Fund be appropriately reimbursed.

                           General Provisions

                       Corps of Engineers--Civil

      Sec. 101. The conference agreement includes a provision 
proposed by the Senate directing the Secretary of the Army, 
acting through the Chief of Engineers, to undertake work funded 
in the conference agreement using continuing contracts and 
providing that no fully allocated funding policy shall apply to 
projects for which funds are provided in the conference 
agreement.
      Sec. 102. The conference agreement includes language 
proposed by the Senate providing that none of the funds made 
available in the conference agreement may be used to revise the 
Missouri River Master Water Control Manual if such revision 
provides for an increase in the springtime water release 
program during the spring heavy rainfall and snow melt period 
in states that have rivers draining into the Missouri River 
below the Gavins Point Dam.
      Provision not included in the conference agreement.--The 
conference agreement deletes language proposed by the Senate 
authorizing and directing 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 
in the State of Alaska and earmarking $5,000,000 for such 
activities.





                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project

                central utah project completion account

      The conference agreement appropriates $42,500,000 to 
carry out the provisions of the Central Utah Project Completion 
Act instead of $40,948,000 as proposed by the House and 
$44,948,000 as proposed by the Senate. The amount above the 
budget request is for Central Utah Project construction.

                         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 $617,045,000 for 
Water and Related Resources instead of $596,254,000 as proposed 
by the House and $671,869,000 as proposed by the Senate.
      The conference agreement includes $45,990,000 for the 
Central Arizona Project. The conferees direct that $3,718,000 
of the reduction below the budget request be distributed as 
described in the House report.
      The conferees understand that the Department of the 
Interior has not responded to a request for exemption from the 
Reclamation Reform Act of 1982 submitted by the Harquahala 
Valley Irrigation District. The managers urge the Department to 
respond to this request as expeditiously as possible.
      The conference agreement includes $4,900,000 for the 
American River Division of the Central Valley Project for the 
Placer County Water Agency permanent replacement pumping 
facility.
      The conference agreement includes $2,250,000 for the 
Delta Division of the Central Valley Project for construction 
of the fish screen at the Contra Costa Canal intake at Rock 
Slough.
      Of the amount provided for Miscellaneous Project 
Programs, Central Valley Project, $5,500,000 is for Refuge 
Water Supply.
      The conference agreement includes $13,776,000 for 
resources management and development activities of the 
Sacramento River Division of the Central Valley Project. The 
conferees that the amount above the budget request be 
distributed as follows: an addition of $850,000 for the 
integrated resources management program of the Colusa Basin 
Drainage District; an addition of $600,000 for the Hamilton 
City Pumping Plant of the Glenn Colusa Irrigation District; and 
$400,000 for the Winter-Run Chinook Salmon Captive Broodstock 
Program.
      The conference agreement includes $200,000 in final year 
funding for the Walker River Basin, Nevada, project.
      The conference agreement includes $2,100,000 for the 
Upper Rio Grande Basin Water Management and Technical 
Assistance Program in New Mexico. Of this amount, $2,000,000 is 
for the confirmatory well drilling program described in the 
Senate report.
      The conference agreement includes $200,000 for a 
feasibility study of the Curry and Roosevelt County portion of 
the Ute Reservoir Pipeline project.
      The conference agreement includes $15,248,000 for the 
Endangered Species Recovery Implementation program. Of this 
amount, $700,000 is for endangered species recovery activities 
in the San Juan River Basin.
      The conference agreement includes $6,000,000 for the 
Reclamation Recreation Management (Title XXVIII) program. Of 
this amount, $2,500,000 is for projects in Colorado, including 
the Bonny Reservoir Project; $2,000,000 is for recreation 
facility improvements in New Mexico, as described in the Senate 
report; and $1,500,000 is for the Yuma West Wetlands 
Restoration project.
      The conferees have not provided funding for the proposed 
Unscheduled Maintenance program. The conferees note, however, 
that generous funding has been provided for facilities 
operations, maintenance and rehabilitation for Bureau projects 
throughout the West. The conferees expect the Bureau to 
efficiently manage these resources and to reorder priorities 
and utilize its existing reprogramming authority to address 
unanticipated needs as they arise.
      The conferees are aware that, contrary to the Department 
of the Interior's budget justification, the Department has 
failed to finalize an implementation plan for the Anadromous 
Fish Restoration Plan (AFRP) in fiscal year 1999. The conferees 
believe that the activities carried out under the AFRP should 
be based on sound science and carried out in a manner that is 
consistent with and complementary to the activities being 
undertaken by the CALFED program. Further, without such an 
implementation plan, the conferees are unable to determine 
whether or not the activities proposed to be carried out under 
the AFRP are ecologically justified as well as reasonable and 
prudent. The conferees direct the Department to provide the 
relevant committees of the House and Senate, as soon as 
possible the Department's ARFP implementation plan and an 
explanation of how each activity expected to be undertaken with 
funds appropriated in fiscal year 1999 is consistent with such 
implementation plan.
      The Department is directed to conform to the following 
reprogramming guidelines. The Bureau is permitted to transfer, 
without prior Congressional approval and without regard to 
percentage limitation, not more than $5,000,000 in any one case 
to provide adequate funds for settled contractor claims, 
increased contractor earnings due to accelerated rates of 
operations, and real estate deficiency judgments, provided that 
such reprogramming is necessary to discharge legal obligations 
of the Bureau of Reclamation.
      As to each project within the Resources Management and 
Development category for which $2,000,000 or more is available 
at the beginning of the fiscal year, the Bureau is permitted to 
transfer to such project in that fiscal year no more than 
fifteen percent of the amount available at the beginning of the 
fiscal year for such project, without prior Congressional 
approval. As to each project within the Resources Management 
and Development category for which less than $2,000,000 is 
available at the beginning of thefiscal year, the Bureau is 
permitted to transfer to such project no more than $300,000 in that 
fiscal year without prior Congressional approval.
      The Bureau if further permitted to transfer funds within 
the Facility Operation, Maintenance and Rehabilitation category 
without prior Congressional approval and without regard to 
percentage or dollar limitation.
      The Bureau may not transfer, without prior Congressional 
approval, more than $500,000 from either the Facilities 
Operation, Maintenance and Rehabilitation category or the 
Resources Management and Development category to any project in 
the other category. The Bureau is prohibited from initiating 
any program, project or activity through an internal 
reprogramming action.
      The conference agreement includes language proposed by 
the House and Senate providing that, of the total amount 
provided for Water and Related Resources, $25,800,000 shall be 
derived by transfer of unexpended balances from the Bureau of 
Reclamation Working Capital Fund.
      The conference agreement includes language providing for 
the transfer of $45,990,000 to the Lower Colorado River Basin 
Development Fund instead of $49,908,000 as proposed by the 
House and $46,218,000 as proposed by the Senate.
      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 Indian municipal, rural, and industrial features of the 
Garrison Unit Diversion project.
      The conference agreement includes language proposed by 
the Senate providing $3,600,000 to complete the McCall Area 
Wastewater Reclamation and Reuse, Idaho, project.
      The conference agreement deletes language proposed by the 
Senate providing funding to study measures to increase the 
efficiency of existing water systems developed to serve sugar 
cane plantations and surrounding communities in the State of 
Hawaii. Funding for such a study has been included in the 
General Investigations account of the Corps of Engineers.
      The conference agreement deletes language proposed by the 
Senate waiving the scheduled annual payments for fiscal years 
1998 and 1999 under section 208 of Public Law 100-202.
      The conference agreement includes language providing 
$2,800,000 for the Tooele Wastewater Treatment and Reuse 
Project.

               bureau of Reclamation Loan Program Account

      The conference agreement appropriates $8,421,000 for the 
Bureau of Reclamation Loan Program Account instead of 
$12,425,000 as proposed by both the House and the Senate.

                central valley project restoration fund

      The conference agreement appropriates $33,130,000 for the 
Central Valley Project Restoration Fund as proposed by the 
House instead of $39,500,000 as proposed by the Senate.
      The conference agreement includes language proposed by 
both the House and Senate which directs the Bureau of 
Reclamation to assess and collect the full amount of the 
additional mitigation and restoration payments authorized by 
section 3407(d) of Public Law 102-575.

               california bay-delta ecosystem restoration

      The conference agreement appropriates $75,000,000 for the 
California Bay-Delta Ecosystem Restoration program as proposed 
by the House instead of $65,000,000 as proposed by the Senate.

                       policy and administration

      The conference agreement appropriates $47,000,000 for 
Policy and Administration instead of $46,000,000 as proposed by 
the House and $48,000,000 as proposed by the Senate.





                               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 1999 unless specifically identified by the House, Senate, 
or conference agreement. 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.

              department of energy construction standards

      The Department is directed to ensure that all nuclear 
facilities for which construction begins in the year 2000 and 
beyond, with the exception of those defense nuclear facilities 
and naval reactor facilities deemed by the Secretary of Energy 
to be critical to national security needs, are constructed in 
accordance with Nuclear Regulatory Commission (NRC) licensing 
standards. The Department should ensure that this requirement 
does not result in a program requirement to meet two separate 
sets of standards (both DOE and NRC), but should ensure a 
smooth transition for meeting NRC standards.

              department of energy reporting requirements

      The conferees agree with the House report language which 
directs the Department to take certain actions and provide to 
the House and Senate Committees on Appropriations reports on 
the computer security and year 2000 computer problem, the 
Department of Energy organizational structure, the functional 
support cost system, and augmenting Federal staff.

                          contractor training

      The conferees agree with the House report language on 
excessive contractor training costs. The conferees are also 
aware of a recent Inspector General report indicating that the 
Department was not acquiring hazardous materials training in 
the most cost-effective manner. The conferees direct the 
Department to use the most cost-effective alternatives 
available to meet all training needs at Departmental sites.

                 inapropriate use of appropriated funds

      Both the House and Senate included language citing the 
inappropriate use of funds by the Department. In response to 
congressional concerns, the Department conducted an internal 
review entitled: A Review of the Department of Energy's 
Discretionary Financial Assistance Programs which was prepared 
by the Deputy Assistant Secretary for Procurement and 
Assistance Management. This September 1997 report documented 
various shortcomings in the Department's procedures for 
awarding funds to certain outside groups, particularly to 
certain groups funded by the Office of Energy Efficiency and 
Renewable Energy. The conferees support the recommendations of 
the Department's report including the introduction of merit 
review and competitive procedures, and education of Department 
employees, contractors and financial recipients with regard to 
lobbying restrictions. All of these concerns have also been 
documented in a separate report prepared by the investigative 
staff of the Committee on Appropriations of the House of 
Representatives. The conferees commend the Department for 
taking an interest in these long-standing problems and fully 
support the Department's internal efforts to correct procedures 
and improve management of these programs.
      After careful consideration of the House and Senate 
positions, the conferees have decided that the following 
language should guide the Department of Energy's work with 
industry associations. The conferees conclude that, as a 
general rule, appropriated funds should not be used to 
underwrite the operating expenses of industry associations. The 
restriction should not be broadly interpreted by the Department 
to prevent the Departmentfrom securing the services of an 
association for appropriate discrete tasks. In the funding of specific 
tasks carried out by industry associations, the Department is directed 
to use merit review procedures and to observe government-wide rules for 
financial assistance, including rules governing the payment of overhead 
expenses.
      Financial assistance activities for information 
dissemination and outreach activities conducted by industry 
associations shall be competed, and these awards shall be 
processed by Headquarters Procurement Operations or the Chicago 
or Idaho Operations Offices. The Department is expected to make 
substantial progress in fiscal year 1999 in the use of broad 
area solicitations and other appropriate mechanisms to 
facilitate increased competition for discretionary financial 
assistance. Any non-competitive financial assistance awards in 
excess of $5,000 made by the Office of Energy Efficiency and 
Renewable Energy to trade associations or other not-for-profit 
groups for information dissemination or outreach activities 
from funds provided in this bill must be reviewed by the 
Assistant Secretary of Energy Efficiency and Renewable Energy. 
The Department shall apply these mechanisms to the extent 
practicable to any follow-on tasks or expansion of existing 
tasks under financial assistance agreements for information 
dissemination and outreach.
      The conferees also share the Department's concerns about 
the structure of the Golden field office organization. In 
particular, the conferees are concerned about organizational 
arrangements under which contracting personnel report directly 
to project and administrative managers. While a ``teaming'' 
concept may be appropriate under certain circumstances, the 
conferees support the Department's statements that an 
independent financial assistance and contracting organization 
would provide clearer lines of authority and professional 
accountability to ensure sound grant processing and award 
decisions. Accordingly, the conferees direct that the financial 
assistance and contracting organization at the Golden field 
office be reorganized as an independent organization, separate 
from the organizations which it supports. This direction is 
consistent with the recommendation of the Department's 
procurement executive.
      The conferees also support the Department's 
recommendation that the Department educate Department 
employees, contractors and recipients of Federal funds about 
statutory lobbying prohibitions. The conferees are very 
concerned about the lack of understanding of existing statutes 
including the Simpson-Craig amendment to the Lobbying 
Disclosure Act of 1995. This provision prohibits the award of 
Federal grants, contracts and financial assistance to 501(c)(4) 
organizations which engage in lobbying activities. The 
Department issued guidance in December 1997 to contractors and 
Departmental employees on lobbying prohibitions. The Department 
is directed to ensure that all program offices are aware of 
this guidance, and take all necessary steps to ensure its 
implementation.

                competing with private sector companies

      The Department of Energy's laboratories are prohibited 
from competing with the private sector by numerous statutes and 
regulations including the Atomic Energy Act of 1954 and 
provisions in the Federal Acquisition Regulation regarding 
Federally Funded Research and Development Centers.
      The conferees have received complaints that the 
Department of Energy has failed to enforce these provisions at 
the laboratories and other facilities, and that adequate 
recourse is not available to those that allege harm.
      The conferees direct the Secretary of Energy to assess 
the statutory and regulatory limitations on laboratories and 
other Departmental entities allegedly competing with the 
private sector, and to ascertain what grievance mechanisms are 
available to the private sector. The Secretary is directed to 
provide this information to the Committees by March 1, 1999, 
and make such information readily available to the private 
sector.

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 appropriates $727,091,000 
instead of $882,834,000 as proposed by the House of 
$786,854,000 as proposed by the Senate. The conference report 
includes $3,000 for official reception and representation 
expenses for transparency activities as proposed by the House, 
instead of $25,000 as proposed by the Senate. The conference 
report has provided funding on an annual basis as recommended 
by the House instead of two-year funding as provided by the 
Senate. The conference report does not include bill language 
stipulating certain amounts for various solar and renewable 
programs as provided in the Senate bill. The conference report 
does not include the $1,500,000 provided in the Senate bill for 
expenses related to the U.S. membership in the Nuclear Energy 
Agency.

               solar and renewable resources technologies

      The conference agreement appropriations $365,905,000 
instead of $351,405,000 as proposed by the House or 
$415,292,000 as proposed by the Senate.
      Solar building technology research.--The conference 
agreement includes $2,900,000, instead of $2,200,000 as 
proposed by the House or $3,860,000 as proposed by the Senate. 
The conferees have provided $100,000 to improve computer models 
that predict the reliability of solar systems made of new 
materials. The remainder of the funds are provided for 
technology development.
      Photovoltaic systems research and development.--The 
conference agreement includes $69,683,000 as proposed by the 
House instead of $75,849,000 as proposed by the Senate. The 
conferees have provided $2,883,000 for research to be managed 
by the Office of Science, the same as the amount in the budget 
request. Within the $66,800,000 provided to the Office of 
Energy Efficiency and Renewable Energy, the conferees have 
provided $27,000,000 for advanced materials and devices, 
$16,000,000 for systems engineering and reliability, 
$11,000,000 for fundamental research, $9,000,000 for 
manufacturing research and development and $1,500,000 for the 
PV Building Opportunities program. Within available funds, the 
conferees have included $1,500,000 to support ongoing 
photovoltaic research done by the Southeast and Southwest 
regional experiment stations. The conferees agree with the 
observations made in the House report, but have not included a 
prohibition regarding the Department's participation in the 
Million Solar Roofs Initiative. The conferees have included 
$1,500,000 for work on financing mechanisms, measurement and 
evaluation, technical standards and infrastructure such as net 
metering capability in support of the partnership.
      Solar thermal energy systems.--The conference agreement 
includes $17,000,000, instead of $17,100,000 as proposed by the 
House or $21,618,000 as proposed by the Senate. The conferees 
have provided $5,500,000 for thermal systems research, 
$5,000,000 for dish/engine development, $3,200,000 for power 
tower development, $1,000,000 for the SOLMAT initiative and 
$1,000,000 for systems and markets/industrial assistance. The 
conferees direct that the Department submit its plan to 
complete its participation in the Solar Two project with 
submission of the fiscal year 2000 budget request.
      Biomass/biofuels research and developments.--The 
conference agreement includes $99,949,000, instead of 
$100,799,000 as proposed by the House or $104,033,000 as 
proposed by the Senate. The conferees have provided $27,199,000 
for research to be managed by the Office of Science, the same 
as the amount in the budget request.
      The conference agreement includes $31,000,000 for power 
systems of which $15,000,000 is provided for rural development, 
$2,500,000 is provided for co-firing biomass with coal, 
$750,000 for the Plunas county ethanol project, and $1,000,000 
is provided for demonstration of black liquor gasification. The 
recommendation includes $41,750,000 for transportation of which 
$4,000,000 is included for the Sacramento Valley ehtanol 
project. The conference agreement also includes $1,750,000 for 
the Gridley project which, combined with amounts provided in 
previous fiscal years, results in a total of $5,000,000 
available for the Gridley project. The conferees urge the 
Department to complete the Jennings, Lousiana, plant and 
Vermont gasifier projects as agreed upon with its partners.
      The conference agreement includes $300,000 for the 
Vermont methane energy production proposal and $100,000 to 
evaluate the amount, distribution and best methodof extraction 
and utilization of methane gas from the Sunrise Mountain landfill in 
Nevada.
      The recommendation also includes $2,500,000 for the 
Consortium for Plant Biotechnology Research, $4,600,000 for 
feedstock development and $2,500,000 for regional biomass each 
of which is to be equally derived from the power systems and 
transportation programs. The conferees have also provided 
$3,000,000 for accelerated demonstration of Federally-sponsored 
research for renewable energy production and environmental 
remediation projects at the Michigan Biotechnology Institute. 
The Institute will work with the Department to identify and 
manage projects related to the mission of the Office of Energy 
Efficiency and Renewable Energy. Proposals will be subject to 
merit review and competition.
      Wind energy research and development.--The conference 
agreement includes $33,483,000, as proposed by the House, 
instead of $38,548,000 as proposed by the Senate. The conferees 
have provided $283,000 for research to be managed by the Office 
of Science, the same as the amount in the budget request. 
Within the $33,200,000 provided to the Office of Energy 
Efficiency and Renewable Energy, $10,700,000 is for applied 
research, $16,400,000 is for turbine research, $3,000,000 is 
for industry support and utility analysis, $1,300,000 is for 
operations at the National Wind Technology Center; and a 
minimum of $1,700,000, the amount requested, is for 
certification and standards activities. The conferees have been 
assured that the certification program will be in place in 
fiscal year 1999. The conferees welcome the attainment of one 
of the goals of the wind energy program. In the event that 
funding requirements for certification exceed the amount 
requested, the Department may reduce funding for other non-
Energy Research wind activities to supplement the $1,700,000 
provided for certification.
      Renewable energy production incentive.--The conference 
agreement includes $4,000,000, as proposed by the Senate 
instead of $5,000,000 as proposed by the House.
      Solar program support.--The conference agreement does not 
include funding for this new spending program proposed by the 
Administration. This is consistent with the proposal of the 
House. The Senate proposed $7,000,000 for this program. The 
conferees have provided $1,500,000 for electricity 
restructuring activities as part of the amount provided below 
for program direction.
      International solar energy.--The conference agreement 
includes $3,750,000 instead of $500,000 as proposed by the 
House or $5,088,000 as proposed by the Senate. Within this 
amount, $2,500,000 is exclusively for the U.S. Initiative on 
Joint Implementation. Of this amount, $1,250,000 is to be 
provided expeditiously to International Utility Efficiency 
Partnerships, Inc. (IUEP). IUEP shall competitively award 
projects continuing its leadership role in reducing carbon 
dioxide emissions using market-based mechanisms. The Department 
shall consolidate any international projects funded from other 
solar programs under the $1,250,000 provided for joint 
implementation activities to be managed by the Department.
      No funds provided in this or any prior Act are to be made 
available for the America's 21st Century or CORECT programs. 
The conferees have also provided $1,250,000 for the Federal 
Energy Technology Center for design and siting analysis for an 
electron scrubbing demonstration project.
      Solar technology transfer.--The conference agreement does 
not include funding for this new spending program proposed by 
the Administration. This is consistent with the proposal of the 
House. The Senate proposed $680,000 for this program.
      National Renewable Energy Laboratory (NREL).--The 
conference agreement includes $2,000,000 as proposed by the 
House instead of $5,000,000 as proposed by the Senate. The 
conferees have provided $1,000,000 for infrastructure and 
general purpose equipment. The remaining $1,000,000 is to be 
made available following submission of a program plan by the 
winner of the competition for the management and operating 
contract at NREL.
      Geothermal technology development.--The conference 
agreement includes $28,500,000 instead of $27,500,000 as 
proposed by the House or $31,250,000 as proposed by the Senate. 
The conferees have provided $11,000,000 for exploration and 
production technology, $5,000,000 for drilling technology and 
$6,000,000 for energy conversion technology.
      The conferees have provided $6,500,000 for the geothermal 
heat pump deployment program as proposed by the House, a 
$5,500,000 increase over the amount proposed by the Senate. The 
conferees note that fiscal year 1999 is the last year of 
funding for this program.
      Hydrogen research and development.--The conference 
agreement includes $24,008,000 instead of $18,008,000 as 
proposed by the House or $32,008,000 as proposed by the Senate. 
The conferees have provided $3,008,000 for research to be 
managed by the Office of Science, the same as the amount in the 
budget request. The conferees have provided $2,225,000 for the 
Hydrogen Fuel Cell Power and Refueling Station in Nevada and 
$350,000 for the Montana Trade Port Authority in Billings, 
Montana, to complete a resource assessment and feasibility 
study on construction of a solid waste hydrogen fuel cell 
manufacturing facility. The conference agreement does not 
include the Senate proposal to provide $250,000 for 
gasification of switchgrass for use in fuel cells.
      Hydropower.--The conference agreement includes $2,000,000 
as proposed by the House instead of $4,000,000 as proposed by 
the Senate and an increase of $1,250,000 over the amount 
provided last year. The amount provided is exclusively for 
cost-shared research and development of ``fish-friendly'' 
turbines.
      Renewable Indian energy resources.--The conference 
agreement includes $3,500,000 instead of $4,000,000 as proposed 
by the Senate or no funds as proposed by the House. The 
conferees have provided $1,000,000 for the Pyramid Creek 
hydroelectric project, $1,000,000 for a diesel backup system at 
Sitka, Alaska; $1,000,000 for the Power Creek hydroelectric 
project and $500,000 for hydroelectric and transmission 
projects partially funded in fiscal year 1998.
      Electric energy systems and storage.--The conference 
agreement includes $39,500,000 instead of $38,000,000 as 
proposed by the House or $42,500,000 as proposed by the Senate. 
The conferees have provided $32,500,000 for high-temperature 
superconducting research and development, $4,500,000 for energy 
storage systems and $2,500,000 to support a national 
laboratory/utility industry partnership to conduct research on 
reliability of the nation's electricity infrastructure 
including the impact of electricity restructuring on safety and 
reliability.
      Federal buildings/remote power initiative.--The 
conference agreement includes $4,000,000 instead of $5,000,000 
as proposed by the House and Senate. The conferees understand 
that the Department has been successful in identifying and 
funding proposals that met the criteria established last year 
by the Congress. The conferees direct that the funding for 
these programs be equally divided. Projects funded under the 
remote power and Federal buildings programs are required to 
meet a twenty-five year payback period.
      Program direction.--The conference agreement includes 
$17,100,000 instead of $15,600,000 as proposed by the House or 
$16,326,000 as proposed by the Senate. The Office of Energy 
Efficiency and Renewable Energy continues to lead the 
Department in the ratio of salaries and expenses to program 
dollars. All funding for support service contractors and 
Assistant Secretary/cross-cutting activities is provided in 
program direction. The conference agreement includes $1,500,000 
for electricity restructuring activities. The Department is 
directed to prepare and submit a program plan to the Committees 
on Appropriations describing this new program. The proposal 
should identify a discrete role the Department would play that 
would not be duplicative of services provided by the private 
sector, state governments or other Federal agencies. Within the 
amount provided, the conferees have included funds for 
technical assistance to states undergoing restructuring, 
including $150,000 in support of restructuring activities of 
the California Energy Commission. The conferees support the 
Department's efforts to continue its work with electric 
utilities to facilitate voluntary, cost-effective means to 
reduce emissions from power generation and approve the use of 
limited funding from program direction for this purpose.

                             nuclear energy

      The conference agreement appropriates $283,966,000 
instead of $227,769,000 as proposed by the House or 
$308,662,000 as proposed by the Senate. The conferees have 
provided $19,000,000 for the nuclear energy research initiative 
instead of $24,000,000 as recommended by the Senate or 
$5,000,000 as recommended by the House. The conferees have not 
included funding for the nuclear energy plant optimization 
program for which the Senate provided $10,000,000 and the House 
provided no funds.
      Advanced radioisotope power systems.--The conference 
agreement includes $37,000,000 instead of $40,500,000 as 
provided by the Senate and $35,000,000 as provided by the 
House. The conferees continue to be concerned about the lack of 
interest the Department has shown in streamlining management, 
reducing the infrastructure, andreducing the extensive level of 
support service contractors in this program. The Department is directed 
to prepare a plan to streamline and reduce costs for this program. The 
plan is to be included with the fiscal year 2000 budget request.
      University reactor fuel assistance and support.--The 
conference agreement includes $11,000,000 instead of 
$10,000,000 as provided by the Senate and $12,000,000 as 
provided by the House. The conferees have provided $4,500,000 
for the nuclear engineering education research grant program 
and $1,000,000 each for the university graduate fellowship and 
industry matching programs. The conferees note that the 
Department has recommended a 50% increase for Historically 
Black Colleges and Universities over the amount set aside in 
fiscal year 1997 and a new start to begin a pre-college nuclear 
science and technology program. The conferees include funding 
for these two programs at the same levels provided in fiscal 
year 1997.
      Termination costs.--The conference agreement provides 
$85,000,000 instead of $81,150,000 as recommended by the House 
or no funding under this heading as recommended by the Senate. 
The Senate provided funding for these activities in two other 
budget lines: Facilities and Nuclear technology research and 
development. The conference agreement provides funding for 
these activities consistent with how funds have been provided 
in fiscal year 1998. The conferees have provided a total of 
$45,000,000 for electrometallurgical-related activities 
including $20,000,000 for nuclear technology research and 
development.
      Fast Flux Text Facility.--The conference agreement 
includes a new line item for this facility. The conferees have 
provided $30,000,000 instead of $31,200,000 recommended by the 
House in the Non-Defense Environmental Management account or 
$28,100,000 recommended by the Senate in the Facilities program 
included in the Energy Supply account.
      Uranium programs.--The conference agreement includes 
$49,000,000 instead of $53,518,000 as proposed by the House or 
$55,362,000 as proposed by the Senate. The recommendation 
reflects the elimination of increases requested in the budget 
request and acceptance of decreases.
      The conferees urge the Secretary to implement a program 
to begin the stabilization and disposal of depleted uranium 
hexafluoride stockpiles located at the Paducah, Kentucky, and 
Portsmouth, Ohio gaseous diffusion plants, and at Oak Ridge, 
Tennessee. The conferees urge the Secretary of Engery to 
develop a plan consistent with the intent of Public Law 105-
204.
      The conferees are aware that the Department has signed a 
memorandum of agreement with the United States Enrichment 
Corporation (USEC) to transfer $50,000,000 from USEC in the 
exchange for accepting the disposal of depleted uranium 
hexafluoride stockpiles, and an additional $16,000,000 to cover 
the costs of storing USEC-generated depleted uranium 
hexafluoride canisters. The conferees direct the Secretary to 
provide the House and Senate Committees on Appropriations with 
an accounting of how the Department intends to use this 
additional funding within 90 days of enactment of this 
legislation.
      The conference agreement does not include language 
proposed by the House requiring submission of a report on the 
status of safeguards at the gaseous diffusion plants.
      Isotope support.--The conference agreement includes 
$21,500,000 instead of $14,000,000 as proposed by the House or 
$22,450,000 as proposed by the Senate. The Department is 
directed to submit its plan for privatizing the molybdenum-99 
production activities to the Committees on Appropriations no 
later than December 31, 1998.
      Program direction.--The conferees have provided 
$24,700,000 which includes all direct and indirect funding for 
Office of Nuclear Energy employees, including those transferred 
to the Office of Nonproliferation and National Security. The 
conferees have included $3,700,000 for all support service 
contracts in accordance with Departmental budget rules. The 
conferees have not stipulated the amount to be provided for 
employees transferred to the Office of Nonproliferation and 
National Security.
      The conferees note that the Department has requested 
$1,005,000 for travel which represents approximately $5,500 per 
employee of the Office of Nuclear Energy. The conferees believe 
this amount to be excessive. In particular, the conferees are 
concernedabout the unprecedented level of travel undertaken by 
the current Director of International Nuclear Safety Programs 
(formerly, the Director of Nuclear Energy). The conferees have not 
included any travel funds for the Director in fiscal year 1999. Any 
changes to the amounts provided require submission and approval of a 
reprogramming request.

                     Environment, Safety and Health

      The conference agreement includes $50,398,000 instead of 
$46,000,000 recommended by the House or $56,000,000 recommended 
by the Senate. The conferees have reduced the funding for 
support service contractors by $5,000,000 instead of 
$10,000,000 recommended by the House or no reduction as 
recommended by the Senate.
      The Department is currently conducting pilot projects to 
determine the impacts of external regulation on various 
facilities. However, several of the pilot projects have 
included only the Nuclear Regulatory Commission (NRC) and not 
the Occupational Safety and Health Administration (OSHA) or 
affected State and local authorities. Since there are many 
issues involving the interface between NRC and OSHA and other 
State and local authorities as well as with DOE, the usefulness 
of these pilots to determine the full impacts of external 
regulation is limited. The Department is directed to include 
all affected regulatory authorities in all future pilot 
projects. The conferees have provided funding to support OSHA 
participation in these pilot projects.

                       energy support activities

      Technical information management program.--The conference 
agreement includes $8,600,000 instead of $9,100,000 as proposed 
by the House or $8,100,000 as proposed by the Senate.
      Transfer of funds to the Occupational Safety And Health 
Administration.--The conference agreement includes $1,000,000 
to be transferred to the Occupational Safety and Health 
Administration (OSHA) for conducting pilot programs and other 
activities necessary to simulate the transition of regulatory 
authority over occupational safety and health at DOE facilities 
to OSHA.
      With the funding provided, OSHA is to participate in all 
DOE external regulation pilot projects. OSHA has declined to 
participate in several of the earlier pilot projects due to 
limited resources. This has severely limited the usefulness of 
the pilots.
      Field offices.--The conference agreement provides 
$104,127,000 instead of $85,000,000 as proposed by the House or 
$95,000,000 as proposed by the Senate. The conferees have 
provided funding for Federal employees at the Idaho field 
office in this account as proposed by the Senate.
      Oak Ridge landlord.--The conference agreement includes 
$11,000,000 as proposed by the House instead of $12,500,000 as 
proposed by the Senate. The reduction from the budget request 
reflects the availability of $1,500,000 as a result of the 
reprogramming approved by the Committees on Appropriations on 
March 16, 1998.

                          FUNDING ADJUSTMENTS

      The conference report includes two funding adjustments. 
The $47,905,000 adjustment represents the funding provided for 
renewable energy research programs managed by the Office of 
Energy Research and funded in the Science account. The 
conferees have included a prior year balance adjustment of 
$50,000,000 as proposed by the Senate instead of $31,535,000 as 
proposed by the House. The conferees have not included the 
general reduction of $10,795,000 as proposed by the Senate.

                  Non-Defense Environmental Management

      The conference agreement appropriates $431,200,000 
instead of $466,700,000 as proposed by the House and 
$418,254,000 as proposed by the Senate.
      The conferees have provided funding for the Fast Flux 
Test Facility (FFTF) at Richland, Washington, in the Energy 
Supply account as proposed by the Senate, rather than in this 
account as proposed by the House.
      The conference agreement provides an additional 
$5,700,000 to accelerate cleanup at the Brookhaven National 
Laboratory. The conferees are aware of several smaller sites 
and laboratories that could benefit from additional funds and 
urge the Department to seek additional funding in fiscal year 
2000 to accelerate the cleanup of these sites.

      Uranium Enrichment Decontamination and Decommissioning Fund

      The conference agreement appropriates $220,200,000 
instead of $225,000,000 as proposed by the House and 
$196,827,000 as proposed by the Senate.
      The conferees understand that an increase in the 
authorization for the Federal reimbursement for thorium mill 
tailings is necessary to raise the ceiling from $65,000,000 to 
$140,000,000. The conferees support this necessary increase in 
the Federal reimbursement for thorium mill tailings.

                                Science

      The conference agreement appropriates $2,682,860,000 for 
Science instead of $2,399,500,000 as proposed by the House and 
$2,634,207,000 as proposed by the Senate. The conference 
agreement deletes language proposed by the Senate earmarking 
funds for the University of Nevada Las Vegas.
      High energy physics.--The conference agreement provides 
$696,500,000 for high energy physics. This is the amount 
provided by the House and represents a $3,000,000 increase over 
the budget request for facilities operations and a $2,500,000 
increase for research and technology over the amount requested 
by the Administration. The increase is provided for maximum use 
of university and laboratory-based user facilities.
      Nuclear physics.--The conference agreement provides 
$335,100,000 for nuclear physics. This is the amount provided 
by the House and represents a $2,500,000 increase over the 
amount requested by the Administration. The increase is 
provided for maximum use of university and laboratory-based 
user facilities.
      Biological and environmental research.--The conference 
agreement includes $443,600,000 instead of $405,900,000 as 
recommended by the House or $407,600,000 as recommended by the 
Senate. The conferees have included $3,000,000 in addition to 
the amount in the budget request for the low-dose effects 
program for which an additional $5,000,000 is provided in the 
Defense Environmental Management account. The conferees have 
provided $10,500,000 only for the Institute of Molecular 
Biology and Medicine, to continue microbial genomics research 
initiated in fiscal year 1998. The conferees have also provided 
$8,000,000 to Sacramento County as the Local Redevelopment 
Authority for medical research and educational development at 
the McClellan nuclear reactor center, in conjunction with the 
University of California--Davis.
      The conferees have provided $1,000,000 for the Gallo 
Institute of the Cancer Institute of New Jersey for regional 
prostate cancer research, education and treatment initiatives 
to develop model outreach and early diagnosis and intervention 
strategies, focusing on one of the highest incidence regions in 
the nation and of prostate cancer in minority men. The 
conference agreement also includes $1,000,000 to begin planning 
for the marine mammal research and education center at the 
National Energy Laboratory in Hawaii. The conferees have also 
provided $2,500,000 for the bone marrow transplantation/
radioimmunotherapy demonstration project at the City of Hope 
National Medical Center in California.
      The conference report includes $10,000,000 for the 
creation of a program to develop technologies using advanced 
functional brain imaging methodologies, including 
magnetoencephalography, for conduct of basic research in mental 
illness and neurological disorders. The conference report 
includes $2,000,000 for the State University (New York), Stony 
Brook, to create a comprehensive cancer institute to serve as a 
focal point (in conjunction with regional cancer centers, the 
Brookhaven National Laboratory and the Cold Springs Harbor 
Laboratory) for a concentrated, multi-disciplinary approach to 
basic and clinical research, detection and molecular analysis 
of cancer, and development of new diagnostics and therapies 
targeting cancer. The conference report includes $1,000,000 for 
the design, planning and construction of an interdisciplinary 
science facility at the University of Alabama Tuscaloosa. The 
conference report includes $1,000,000 for the continued 
construction of the Highlands University Science Center in New 
Mexico. The conference report includes $7,000,000 to be evenly 
divided between the West Virginia University National Education 
and Technology Center and the University of South Carolina 
Medical Center to support the utilization of Positron Emission 
Tomography.
      Basic energy sciences.--The conference agreement includes 
$809,100,000 instead of $779,100,000 as recommended by the 
House or $836,100,000 as recommended by the Senate. The 
conferees have included $7,000,000 for the Experimental Program 
to Stimulate Competitive Research, the same as the House-
approved level and $3,000,000 less than the amount provided by 
the Senate. The conference agreement also includes $500,000 for 
research related to identification of trace element isotopes in 
environmental samples to be done at the University of Nevada 
Las Vegas.
      Spallation Neutron Source.--The recommendation includes 
$130,000,000 to begin construction of a new spallation neutron 
source. The conferees have provided $101,400,000 for line-item 
construction costs and $28,600,000, the amount of the budget 
request, for related research and development. The total amount 
provided is a reduction of$27,000,000 from the budget request 
and an increase of $107,000,000 over the current fiscal year.
      Computational and technology research.--The conference 
agreement includes $143,000,000 instead of $138,640,000 as 
recommended by the House or $150,000,000 as recommended by the 
Senate. The conferees support the House provision regarding 
funding for the Next Generation Internet initiative. However, 
the conferees have provided $5,000,000 more than the amount 
provided by the House for improved utilization of the 
Department's existing computing infrastructure. Funding is 
provided for unique Internet tools for technologies that will 
not be available in the commercial marketplace in any 
reasonable timeframe and to maintain existing connections to 
the university community that are supported in the present 
research network.

                         Fusion Energy Sciences

      The conferees have provided a total of $229,750,000 for 
fusion energy sciences, a $1,590,000 increase over the amount 
in the budget request. The conference agreement includes 
$223,300,000 for the fusion energy sciences program. Funding 
for this program has been provided in the Science account as 
recommended by the Senate instead of the Energy Supply account 
as recommended by the House. The conferees have provided up to 
$6,450,000 for all program direction expenses related to the 
fusion program within the $49,800,000 provided in the Science 
account for program direction. The conferees note that the 
Department continues to emphasize tokamak development at the 
expense of other promising technologies. The conferees continue 
to be very supportive of the increased emphasis on innovative 
confinement concepts and university-based experiments. The 
conferees encourage the Secretary to provide sufficient 
resources for these efforts. In particular, special emphasis 
should be placed on funding operations, upgrades, and enhanced 
design work on both existing and proposed alternative concept 
experiments at the proof-of-principle level, including an 
increase for inertial confinement.
      International Thermonuclear Experimental Reactor 
(ITER).--The conferees note that the ITER agreement expired on 
July 21, 1998. For the past several years, Congress has been 
clear that the U.S. commitment to ITER extended only through 
fiscal year 1998. The Department is directed not to sign an 
extension of this agreement without the written consent of the 
authorizing and appropriations committees of the House and 
Senate. The conferees understand and support the value of 
international collaboration. The Department is encouraged to 
consider the possibility of utilizing the existing 
international fusion center in San Diego in future 
collaborations.
      The conferees note that the description of ITER and ITER-
related activities in the budget request is not comparable to 
the classification of these activities in fiscal year 1998, but 
support the orderly completion of research and development of 
components that can be completed in fiscal year 1999. For 
example, the conferees fully expect the Department to meet its 
commitment to the delivery and testing of the central solenoid 
model coil.
      The conferees have included $12,200,000 as directly 
related to completion of ITER-related activities, including 
funds to complete research and development in the base 
technology program and to provide for orderly ITER closeout 
costs. The Department must submit a reprogramming request if 
requirements exceed the $12,200,000 provided.
      Tokamak Fusion Test Reactor (TFTR).--In fiscal year 1997, 
Congress terminated funding for the TFTR. The conferees note 
that TFTR has ceased operation and that many parts of the TFTR 
facility will be re-used for the new National Spherical Torus 
Experiment. Currently, the Department is spending approximately 
$4,000,000 annually for care-taking of the remaining TFTR 
components. The Department has no immediate plans for the 
decommissioning of the TFTR unit, proposing to continue care-
taking expenses indefinitely. The conferees have been made 
aware of decommissioning proposals to complete decommissioning 
in three years, with estimated savings of $25,000,000. The 
conferees direct the Department to prepare a reasonable, timely 
and cost-effective decommissioning plan and to submit a plan to 
begin decommissioning in the fiscal year 2000 budget request. 
The Department shall consult with the Princeton Plasma Physics 
Laboratory throughout the development of this plan.
      University and Science Education.--The conferees have 
adopted the House provision to provide funding for the 
Laboratory Cooperative, National Science Bowl and Albert 
Einstein Distinguished Educator Fellowships programs within the 
amount provided forprogram direction. Consistent with action 
taken over the last two fiscal years, the conferees have not included 
funding for grade school curriculum development programs and other 
education initiatives included in the Department of Energy's budget 
request. The conferees continue to support the various programs offered 
through the nation's laboratories. The conferees encourage the 
Department to seek opportunities to support work such as that performed 
by the Science and Technology Alliance.

                           PROGRAM DIRECTION

      The recommendation is $49,800,000, instead of $43,100,000 
as proposed by the House or $37,600,000 as proposed by the 
Senate. The conferees have provided $45,300,000 for standard 
program direction activities including up to $6,450,000 for 
salaries and expenses for the Office of Fusion Energy Sciences. 
The conferees have also provided an additional $4,500,000 to 
fund the Laboratory Cooperative, National Science Bowl, and 
Albert Einstein Distinguished Educator Fellowships programs as 
proposed by the House. The conferees take this action to 
establish a legitimate funding mechanism for these activities.

                          FUNDING ADJUSTMENTS

      The conference agreement includes four funding 
adjustments. The $7,600,000 adjustment represents previously 
appropriated funds the Department has identified as surplus. 
The funds were provided as part of the closeout costs related 
to cancellation of the Superconducting Super Collider. The 
$13,500,000 adjustment represents an estimate of the policy-
related work requested as part of the Climate Change Technology 
Initiative. This adjustment is to be made exclusively to the 
Basic Energy Sciences and Biological and Environmental Research 
programs. The conference agreement includes a $13,000,000 prior 
year balance adjustment as proposed by the Senate instead of no 
adjustment as proposed by the House. The conference agreement 
also includes a $5,700,000 general reduction. To the extent 
practicable, the conferees direct that general reductions are 
not applied to operation of user facilities. The conferees have 
not included the general reduction of $42,353,000 as proposed 
by the Senate.

                         Nuclear Waste Disposal

      The conference agreement appropriates $169,000,000 
instead of $160,000,000 as proposed by the House and 
$190,000,000 as proposed by the Senate. The conference 
agreement changes the name of this account to ``Nuclear Waste 
Disposal'', and provides $165,000,000 to be derived from the 
Nuclear Waste Fund to continue the repository program.
      The conference agreement provides $4,000,000 to be 
appropriated from the General Fund for a civilian research and 
development program to conduct a study of accelerator 
transmutation of waste (ATW) technology. The Department is to 
establish, in coordination with its laboratories, a road map 
for the development of ATW technology. The road map should 
identify the technical issues that must be resolved, a proposed 
time schedule and program to resolve these issues, and the 
estimated cost of such a program. The road map should also 
consider and propose collaborative efforts with other countries 
developing ATW technology and other programs developing 
accelerator technology. In addition, the report should include 
an assessment of the institutional challenges of this program, 
the impact this technology could have on the civilian spent 
nuclear fuel program, areas of development which could have 
benefits to other ongoing programs, and the estimated capital 
and operational life cycle costs to treat civilian spent 
nuclear fuel.
      The conference agreement includes $250,000 for the State 
of Nevada instead of $4,875,000 as proposed by the Senate and 
no funds as proposed by the House. This funding will be 
provided to the Department of Energy which will reimburse the 
State for actual expenditures on appropriate scientific 
oversight responsibilities conducted pursuant to the Nuclear 
Waste Policy Act of 1982. These funds may not be used for 
salaries and expenses for State employees in the oversight 
office.
      The conference agreement includes $5,540,000 for affected 
units of local government as proposed by the Senate instead of 
no funds as proposed by the House. Funding for the affected 
local governments is to be allocated in the same proportion as 
was provided to each affected local government in fiscal year 
1998.
      The conference agreement includes $500,000 for the 
University of Nevada-Las Vegas to manage data from scientific 
studies of Yucca Mountain. No funds have been earmarked to 
study canister aging and corrosion. The conference agreement 
includes a 10 percent reduction from the budget request for the 
management and administrative support service contractors at 
the Yucca Mountain Office and Headquarters. The House had 
proposed reducing all support service contracts by 10 percent.
      Consistent with the requirement in Public Law 104-206, 
the conferees reiterate the importance of the timely completion 
of the Viability Assessment of the Yucca Mountain site and 
expect the Department to provide this assessment to the 
President and Congress during 1998. The Viability Assessment is 
a significant prerequisite to the national decision to accept 
high-level radioactive waste and spent fuel at a Federal 
facility.

                      Departmental Administration

      The conference agreement appropriates $200,475,000 for 
Departmental Administration instead of $175,365,000 as proposed 
by the House and $234,755,000 as proposed by the Senate. 
Funding of $37,627,000 is to be transferred to this account 
from Other Defense Activities. Revenues of $136,530,000 are 
estimated to be received in fiscalyear 1999, resulting in a net 
appropriation of $63,945,000.
      The conference agreement includes bill language proposed 
by the House 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 conferees have provided $35,000 for official 
reception and representation expenses of the Department of 
Energy as proposed by the Senate instead of $5,000 as proposed 
by the House. The conferees expect the Department to be prudent 
in the use of these funds and to submit a report to the House 
and Senate Committees on Appropriations providing a detailed 
description of each expenditure from this account in fiscal 
year 1999.
      The conference agreement provides reprogramming authority 
of $500,000 or 5 percent, whichever is less, within the 
Departmental Administration account without submission of a 
reprogramming to be approved by the House and Senate Committees 
on Appropriations. No individual program account may be 
increased or decreased by more than this amount during the 
fiscal year using this reprogramming authority. This should 
provide the needed flexibility to manage this account. 
Congressional notification within 30 days of the use of this 
reprogramming authority is required. Transfers which would 
result in increases or decreases in excess of $500,000 or 5 
percent to an individual program account during the fiscal year 
require prior notification and approval from the House and 
Senate Committees on Appropriations.
      The conferees direct the Department to develop guidelines 
for its overseas employees based on the guidelines in effect 
for employees of the Department of State.

                           Inspector General

      The conference agreement appropriates $29,000,000 for the 
Inspector General instead of $29,500,000 as proposed by the 
House and $27,500,000 as proposed by the Senate.

                           Weapons Activities

      The conference agreement appropriates $4,400,000,000 
instead of $4,142,100,000 as proposed by the House and 
$4,445,700,000 as proposed by the Senate.
      The conference agreement includes language proposed by 
the Senate providing 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 
funding for activities in the core stockpile stewardship 
program with the following specific adjustments. The 
accelerated strategic computing initiative (ASCI) program has 
been reduced by $23,200,000 resulting in a total program level 
of $305,900,000. The agreement includes the additional 
$10,000,000 proposed by the House for the inertial fusion 
program to further development of high average power lasers.
      Testing capabilities and readiness.--Up to $6,000,000 is 
available for continued development and procurement of a dual 
stage gas gun to be located at the Nevada Test Site. The 
conferees are aware of the memorandum of agreement between the 
Department and the Nevada university and community college 
system and urge the Department to find mutually beneficial 
projects which can be conducted under this agreement.
      Technology transfer.--The conference agreement provides 
$45,000,000 for the technology transfer program. Any necessary 
program reductions should be applied proportionally.
      Construction projects.--At the request of the Department, 
the conferees have reallocated $1,800,000 provided by the House 
and Senate for project 99-D-107, the joint computational 
engineering laboratory, to operating expenses for the 
accelerated strategic computing initiative. Construction of the 
laboratory is now planned to begin in fiscal year 2001.
      The conference agreement provides a total of $15,000,000 
for new construction projects in fiscal year 1999. The budget 
request for new construction starts was $25,300,000. The 
conferees acknowledge the need for some new construction 
funding, but remain concerned that the Department has not yet 
resolved its serious project management deficiencies. Thus, 
none of the funds may be obligated for a project until an 
independent assessment validating the cost and schedule for the 
specific project has been completed and provided to the House 
and Senate Committees on Appropriations.
      Stockpile management.--For core stockpile management 
activities, the conference agreement provides $1,986,803,000, 
which includes the following adjustments to the budget request. 
Additional funding of $6,500,000 is provided for handling 
uranium materials and infrastructure upgrades at the Y-12 plant 
in Oak Ridge, Tennessee; $12,000,000 is provided to support 
advanced manufacturing and other capital investment needs at 
the Kansas City plant; $17,500,000 is provided to support 
scheduled workload requirements and other stockpile management 
requirements at the Pantex plantin Amarillo, Texas; and 
$5,000,000 is provided to support infrastructure and maintenance needs 
at the Savannah River Site.
      None of the funds provided for new construction project 
starts may be obligated until an independent assessment 
validating the cost and schedule for the specific project has 
been completed and provided to the House and Senate Committees 
on Appropriations.
      Tritium.--A total of $167,000,000, an increase of 
$10,000,000 over the budget request, is provided for continued 
research and development on a new source of tritium.
      Program direction.--For program direction funding, the 
conference agreement provides $250,000,000, a reduction of 
$10,500,000 from the budget request. The conferees believe that 
further savings can be achieved through efficiencies from 
realignment efforts proposed in the Institute for Defense 
Analysis report on the Department's management structure for 
weapons activities. The conference agreement includes 
$7,000,000 for the Los Alamos schools and $3,000,000 for the 
Los Alamos Educational Foundation.
      Funding adjustments.--The conference agreement includes 
the use of $82,536,000 of prior year balances instead of 
$305,436,000 as proposed by the House and $50,000,000 as 
proposed by the Senate.

         Defense Environmental Restoration and Waste Management

      The conference agreement appropriates $4,310,227,000 for 
Defense Environmental Restoration and Waste Management instead 
of $4,358,554,000 as proposed by the House and $4,293,403,000 
as proposed by the Senate. Additional funding of $1,038,240,000 
is contained in the Defense Facilities Closure Projects account 
and $228,357,000 in the Defense Environmental Management 
Privatization account, for a total of $5,576,824,000 provided 
for all defense environmental management activities.
      Site/Project Completion.--The conference agreement 
provides $1,052,741,000 for sites and projects to be completed 
by 2006. The conference agreement provides an additional 
$5,000,000 to process tritium-contaminated heavy water 
currently being stored at the Savannah River Site. The 
conferees recognize the importance of this project and 
appreciate this innovative way of doing business. The conferees 
urge the Department to do what is necessary in future years to 
bring this project to a successful conclusion.
      Funding of $5,000,000 has been provided for cleanup 
activities related to TA-21 at the Los Alamos National 
Laboratory. The Department is directed to prepare a detailed 
project plan for the cleanup of TA-21 project which includes 
the cost and schedule for each of the activities to be 
conducted, have the plan independently assessed, and submit the 
plan with the fiscal year 2000 budget request.
      At the request of the Department, the conference 
agreement moves $4,512,000 from project 96-D-408, waste 
management upgrades, to project 93-D-187, high-level waste 
removal from waste tanks, at the Savannah River Site.
      The conferees remain concerned about the high cost of 
temporary storage and management of low-level wastes that are 
ready for permanent disposal and believe that available 
technologies demonstrated and certified by the Department's 
Environmental Management program as cost-effective alternatives 
should, to the extent appropriate, receive priority funding to 
dispose of these wastes. The conferees are aware of the 
Department's efforts to replace costly programs like the 
Interim Waste Management Facilities for low-level mixed waste 
at Oak Ridge, Tennessee, and other sites, and encourage the 
Department to implement promptly replacement programs and 
alternatives.
      Post 2006 Completion.--The conference agreement includes 
an additional $7,000,000 for research and treatment of high 
level waste at Idaho; $3,000,000 to support operational needs 
at the Waste Isolation Pilot Project; $5,000,000 to reimburse 
the State of New Mexico; $25,000,000 to support modifications 
to the Defense Waste Processing Facility in-tank precipitation 
process; and $15,000,000 for increased tank farm operations and 
reactor decommissioning at the Hanford site. The conference 
agreement also includes $5,500,000 for the hazardous materials 
management and emergency response training facility at Hanford.
      The conference agreement does not include the proposal by 
the House for submission by the Department of a report on 
transportation of hazardous materials.
      The conferees recognize that universities in South 
Carolina, Georgia, and Louisiana have provided valuable 
technological and research assistance to the Department's 
environmental cleanup program, and recommend that the 
Department continue using these institutions where possible.
      The conference reports accompanying the fiscal year 1997 
and 1998 Energy and Water Development Appropriations Acts urged 
the Department's Offices of Waste Management and Technology 
Development to undertake jointly research and development 
focused on higher risk, high pay-off modular in-can 
vitrification technology as an alternative or backup to achieve 
satisfactory cleanup results at a significantly lower cost. The 
conferees are aware of the Department's recent award of a 
contract in compliance with these recommendations and strongly 
urge the Department to continue to fund this important research 
and development work in fiscal year 1999 to ensure that its 
potential for lower cost cleanup may be determined at the 
earliest possible date.
      The conference agreement includes $350,000 to cover the 
cost of an on-line tritium monitor for the City of Savannah, 
Georgia.
      Health effects studies.--The conferees have provided 
$12,000,000 for worker and public health effects studies, 
instead of $15,000,000 as proposed by the House and $10,000,000 
as proposed by the Senate. These funds are to be managed by the 
Office of Environment, Safety, and Health. Demands for funding 
by various groups to conduct worker and public health studies 
at each Department of Energy site are increasing. The conferees 
agree that all funding for Health and Human Services (HHS) 
managed studies, either through the Center for Disease Control 
and Prevention or the Agency for Toxic Substances and Disease 
Registry shall be incorporated into a single memorandum of 
understanding with HHS, and that DOE and HHS will prepare a 
consolidated and coherent strategy which includes a public 
health agenda for each DOE site. All DOE-funded health studies 
and proposals shall be independently peer-reviewed, and 
consistent with the public health agenda for each site.
      The conferees have deferred without prejudice funding to 
initiate the proposed Hanford Medical Monitoring program, but 
within the health effects studies funding have allocated 
$2,000,000 for the Department to initiate a public information 
and education program.
      Science and Technology Development.--The conference 
agreement provides $247,000,000 for the technology development 
program including $8,500,000 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 urge the Department to continue research on 
hazardous materials in aquatic environments that supports the 
technology focus areas in mixed waste characterization, 
treatment, and disposal of subsurface contaminants.
      The conference agreement includes $2,000,000 for the 
national pilot program for electronics recovery and recycling; 
up to $2,000,000 to use a technology that will safely and 
effectively destroy the asbestos removed from Federal 
facilities during the decontamination and decommissioning 
process; and $4,500,000 for the Diagnostic Instrumentation and 
Analysis Laboratory (DIAL).
      Environmental science program.--The conference agreement 
provides $47,000,000 for the environmental basic research 
science program, an increase of $15,000,000 over the budget 
request which had included no funding for new proposals in 
fiscal year 1999. This increase includes $5,000,000 for 
proposals to determine the biological effects of exposure to 
low doses of ionizing radiation. These proposals are to be 
coordinated with the program being conducted by the Office of 
Energy Research.
      Risk Policy.--The conference agreement includes 
$4,000,000 for the Consortium for Risk Evaluation and 
Stakeholder Participation (CRESP) and $2,000,000 for the 
Consortium for Environmental Risk Evaluation (CERE).
      Program direction.--The conferees have provided 
$337,073,000 for the program direction account. The 
recommendation does not include the transfer of the Federal 
employees at the Idaho Operations Office. The reduction of 
$9,126,000 from the budget request should be applied to support 
service contracts, travel, and other lower priority activities 
at Headquarters and in the field.
      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 
$29,900,000 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 $1,038,240,000 for 
the Defense Facilities Closure Projects account as proposed by 
the House instead of $1,048,240,000 as proposed by the Senate. 
The conferees expect the Department to request adequate funds 
to keep each of these projects on a schedule for closure by 
2006.

             Defense Environmental Management Privatization

      The conference agreement provides $228,357,000 for the 
environmental management privatization program instead of 
$286,857,000 as proposed by the House and $241,857,000 as 
proposed by the Senate. The conference agreement includes 
$100,000,000 for the tank waste remediation system (TWRS) 
project as proposed by the House. The remaining projects and 
the use of prior year balances are funded at the levels 
recommended by the Senate.

                        Other Defense Activities

      The conference agreement appropriates $1,696,676,000 for 
Other Defense Activities instead of $1,761,260,000 as proposed 
by the House and $1,658,160,000 as proposed by the Senate. 
Details of the conference agreement are provided below.

                 NONPROLIFERATION AND NATIONAL SECURITY

      The conference agreement provides $701,600,000 for 
nonproliferation and national security programs instead of 
$696,600,000 as proposed by the House and $696,300,000 as 
proposed by the Senate.
      The conferees agree that the nonproliferation and 
verification research and development program currently 
executed at the nuclear weapons laboratories looks much like a 
static, generally unfocussed, level of effort research program. 
The conferees direct the Department to initiate an external 
review of the projects being conducted, their progress to date, 
and their value to the overall needs of the program.
      The conferees have deleted the bill language included by 
the Senate for the Initiatives for Proliferation Prevention 
(IPP) program and the nuclear cities initiative. However, from 
within available funds and prior year balances, the conference 
agreement includes $25,000,000 for IPP and $15,000,000 for the 
nuclear cities initiative.
      The conference agreement includes an additional 
$1,000,000 for a study of the vulnerabilities of security 
equipment; $2,000,000 for the procurement of safety locks to 
meet Federal specifications; and $500,000 for the continued 
development of the Raman spectroscopy technology.
      No funds have been provided for development of the 
dielectric wall accelerator technology or for assistance to the 
Russian nuclear weapons dismantlement program to develop an 
emergency response capability.
      Counterintelligence.--The conference agreement includes a 
total of $15,641,000 to support the Department's new 
counterintelligence program. This is an increase of $8,000,000 
over the budget request. Needs in excess of this amount have 
been identified for computer security activities, but the 
conferees believe the Department should look to currently 
available computer resources to see if funds can be reallocated 
to these higher priority activities. If not, the Department 
should submit a reprogramming or supplemental budget request 
for fiscal year 1999.
      Program direction.--The conference agreement provides 
$86,900,000 for the program direction account. Reductions 
should be applied to the use of management and administration 
support service contractors throughout the organization and 
lower priority activities. None of these funds may be used to 
support the employees transferred from the Nuclear Energy 
office in fiscal year 1999. All funding for these employees has 
been provided in the Nuclear Energy program direction account.
      The conference agreement includes $600,000 for operation 
of the Department of Energy's Moscow office. Collaborative 
efforts between the Department of Energy and the Russian 
Ministry of Atomic Energy on implementation of the Highly 
Enriched Uranium Agreement, plutonium disposition, and weapons 
dismantlement is one of the Department's highest priorities, 
and that effort should receive the full administrative support 
of the Department.

                ENVIRONMENT, SAFETY AND HEALTH (DEFENSE)

      The conference agreement provides $91,500,000 for 
defense-related environment, safety and health activities 
instead of $94,000,000 as proposed by the House and $89,000,000 
as proposed by the Senate. The reduction of $2,500,000 from the 
budget request should be applied to the use of support service 
contractors.
      The conferees have provided $53,456,000 for worker and 
public health effects studies to be managed by the Office of 
Environment, Safety, and Health. This amount includes the 
budget request of $41,456,000 in this account and $12,000,000 
in the Defense Environmental Management program. The conferees 
agree that all funding for Health and Human Services (HHS) 
managed studies, either through the Center for Disease Control 
and Prevention or the Agency for Toxic Substances and Disease 
Registry shall be incorporated into a single memorandum of 
understanding with HHS, and that DOE and HHS will prepare a 
consolidated and coherent strategy which includes a public 
health agenda for each DOE site. The agencies are directed to 
report to the Committees on Appropriations on the status of the 
implementation of the public health agenda by December 31, 
1998. The final public health agenda for each site shall be 
provided to the Committees no later than September 30, 1999. 
The conferees strongly endorse the concept of peer-reviewed 
health effects studies, and direct that all DOE-funded health 
studies shall be independently peer-reviewed, and consistent 
with the public health agenda for each site.

                    WORKER AND COMMUNITY TRANSITION

      The conference agreement provides $29,900,000 for the 
worker and community transition program instead of $29,800,000 
as proposed by the House and $40,000,000 as proposed by the 
Senate. Since there are no significant program funding 
decreases in the Department of Energy in fiscal year 1999, the 
conferees have reduced the funding allocated for enhanced 
severance benefits and local assistance grants. 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.
      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.

                     FISSILE MATERIALS DISPOSITION

      The conference agreement provides the budget request of 
$168,960,000 for fissile materials disposition, but reallocates 
$5,000,000 from the pit disassembly and conversion facility 
project to operating expenses.
      The conferees have not included the bill language 
proposed by the Senateearmarking $5,000,000 for a joint U.S.-
Russian development program of advanced reactor technology to dispose 
of Russian excess weapons-derived plutonium. However, the conference 
agreement includes $5,000,000 for the joint U.S.-Russian development of 
gas reactor technology to dispose of excess weapons-derived plutonium. 
Of this funding, $2,000,000 is available for work to be performed in 
the United States by the Department of Energy and other U.S. 
contractors, and $3,000,000 is to be expended for work in Russia. The 
$3,000,000 shall be made available for work in Russia on the gas 
reactor technology on the condition and only to the extent that the 
Russian Federation matches these contributions with either comparable 
funding or contributions-in-kind.
      The conferees have provided funds for this program in 
part because of the possibility that other countries will 
contribute to this effort. The conferees expect the Department 
and U.S. contractors to make every effort to gain commitments 
from other countries in this regard, and to seek private sector 
funding for continued future funding of this effort. Future 
support for this effort is contingent upon agreement on a U.S.-
Russian agreement on the disposition of excess weapons-derived 
plutonium. The Department should report to the House and Senate 
Committees on Appropriations at the end of fiscal year 1999 on 
the progress which has been made in this program, the status of 
the matching funds or in-kind contributions from the Russian 
Federation and other countries, and the success of efforts to 
procure private sector funding for this effort.
      The conferees have deleted bill language proposed by the 
Senate which limited the design and procurement activities for 
the mixed oxide fuel fabrication facility. The Department of 
Energy should proceed with preparations for plutonium 
disposition to include the design and licensing of key 
disposition facilities as well as qualification of mixed oxide 
fuel. The United States, however, should not proceed 
unilaterally to dispose of excess plutonium without parallel 
progress on the Russian side. No funds have been provided to 
initiate actual construction of plutonium disposition 
facilities without such an agreement.

                        NUCLEAR ENERGY (DEFENSE)

      Due to severe funding constraints, the conference 
agreement provides $30,000,000 for the international nuclear 
safety program to improve the safety of Soviet-designed nuclear 
reactors, a decrease of $5,000,000 from the budget request.

           NATIONAL SECURITY PROGRAMS ADMINISTRATIVE SUPPORT

      The conference agreement provides $37,627,000 for 
national security programs administrative support instead of 
$75,000,000 as proposed by the House and no funding as proposed 
by the Senate.

                             NAVAL REACTORS

      The conference agreement provides $670,189,000, instead 
of $681,500,000 as proposed by the House and $665,500,000 as 
proposed by the Senate. An additional $4,689,000 over the 
budget request has been provided to continue test reactor 
inactivation efforts and environmental cleanup activities.

                     Defense Nuclear Waste Disposal

      The conference agreement provides $189,000,000 instead of 
$190,000,000 as proposed by the House and $185,000,000 as 
proposed by the Senate. Funding proposed by the Senate for the 
accelerator transmutation of waste program has been included in 
the non-defense portion of this bill.

                    POWER MARKETING ADMINISTRATIONS

                      Alaska Power Administration

      The conference agreement does not include additional 
funding for the Alaska Power Administration as proposed by the 
House instead of $5,000,000 as proposed by the Senate. 
Unobligated balances of the Alaska Power Administration shall 
be available to pay any remaining obligations of the 
Administration. The conferees encourage the Department to 
reprogram any further unobligated balances.
      The managers expect more than just a perfunctory report 
to Congress on the asset sales. Basic factual information 
should include: final sales price, terms of the sale, and 
identification of assets sold, as well as copies of primary 
sales documents. In addition, the report should include 
information on unexpected problems encountered and how those 
problems were resolved, lessons learned that could have 
improved the asset sales process, and any information that 
might be relevant to similar asset sales. The managers expect 
to receive the report prior to the end of fiscal year 1999, as 
stipulated in the authorizing legislation.

                    Bonneville Power Administration

      The conferees take no position on the extension of the 
current levels of funding for mitigation of fish and wildlife 
impacts. The conference agreement does not include language 
proposed by the Senate pertaining to the authority of the 
Administrator to sell Federal power to an entity formed by 
existing regional public body and cooperative customers of 
Bonneville.
      Independent Scientific Review Panel.--The conferees 
recommend that, with regard to Columbia Basin fish and wildlife 
projects, programs, or measures proposed in a Federal agency 
budget to be reimbursed by the Bonneville Power Administration, 
the Independent Scientific Review Panel should annually review 
such proposals, determine whether the proposals are consistent 
with the criteria in Section 4(h)(10)(D) of the Pacific 
Northwest Electric Power Planning and Conservation Act, make 
any recommendations that the Panel considers appropriate to 
make the project, program, or measure meet the criteria in that 
Section, and transmit the recommendations to the Northwest 
Power Planning Council no later than April 1 of each year. 
These Panel recommendations should be available to the public 
and should be subject to public comment.
      The conferees further recommend that the Panel 
recommendations should be fully considered by the Northwest 
Power Planning Council when making its final recommendations of 
projects proposed by Federal agencies and reimbursed by the 
Bonneville Power Administration.
      The conferees direct the Panel to submit its 
recommendations to the House and Senate Committees on 
Appropriations and relevant authorizing Committees no later 
than May 15 of each year. If the Northwest Power Planning 
Council does not incorporate a recommendation of the Panel in 
its recommendations, the Council should explain in writing its 
reasons for not accepting Panel recommendations.

                   Southeastern Power Administration

      The conference agreement includes $7,500,000, a reduction 
of $1,000,000 from the amount provided by the House and Senate. 
The conferees have recently been made aware of an additional 
$1,500,000 that will be available in fiscal year 1999 from 
funds carried over from fiscal year 1998.

                   Southwestern Power Administration

      The conference agreement includes $26,000,000, as 
proposed by the Senate instead of $24,710,000 as proposed by 
the House.

                   Western Area Power Administration

      The conference agreement includes $203,000,000, instead 
of $205,000,000 as provided by the House or $212,018,000 as 
provided by the Senate.

                        Falcon and Amistad Fund

      The conference agreement includes $1,010,000, the same 
amount recommended by the Senate instead of $970,000 as 
provided by the House.

                  Federal Energy Regulatory Commission

      The conference agreement includes $167,500,000 instead of 
$166,500,000 as recommended by the House or $168,898,000 as 
recommended by the Senate. The conferees have provided the 
Commission with an increase of $5,359,000 over the current 
fiscal year.

                           GENERAL PROVISIONS

                          Department of Energy

      Sec. 301. The conference agreement includes a provision 
proposed by the House and Senate that none of the funds 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 and Senate that none of the funds 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.
      Sec. 303. The conference agreement includes a provision 
proposed by the House and Senate that none of the funds 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 of Fiscal Year 1993, Public Law 102-484.
      Sec. 304. The conference agreement includes a provision 
proposed by the House and Senate that none of the funds may be 
used to augment the $29,900,000 made available for obligation 
for severance payments and other benefits and community 
assistance grants authorized under the provisions of section 
3161 of the National Defense Authorization Act of Fiscal Year 
1993, Public Law 102-484.
      Sec. 305. The conference agreement includes a provision 
proposed by the House and Senate that none of the funds may be 
used to prepare or initiate Requests for Proposals for a 
program if the program has not been funded by Congress in the 
current fiscal year. This provision precludes the Department 
from initiating activities for new programs which have been 
proposed in the budget request, but which have not yet been 
funded by Congress.
      Sec. 306. The conference agreement includes a provision 
proposed by the House and Senate that permits the transfer and 
merger of unexpended balances of prior appropriations with 
appropriation accounts established in this bill.
      Sec. 307. The conference agreement includes a provision 
allowing the Secretary of Energy to enter into multiyear 
contracts without obligating the estimated costs associated 
with any necessary cancellation or termination of the contract. 
This provides the Department of Energy with the same 
flexibility provided to the Department of Defense.
      Sec. 308. The conference agreement modifies language 
proposed by the Senate that limited the types of waste that 
could be disposed of in the Waste Isolation Pilot Plant in New 
Mexico. None of the funds may be used to dispose of transuranic 
waste in excess of 20 percent plutonium by weight for the 
aggregate of any material category. At the Rocky Flats site, 
this provision applies to the five material categories 
addressed in the ``Final Environmental Impact Statement on 
Management of Certain Plutonium Residues on Scrub Alloy Stored 
at the Rocky Flats Environmental Technology Site'', Table S-2, 
Notice of Intent Categories.
      Sec. 309. The conference agreement modifies language 
proposed by the Senate changing the name of the Office of 
Energy Research. The name of the office has been changed to 
``Science'' instead of ``Science Research'' as proposed by the 
Senate.
      Sec. 310. The conference agreement modifies language 
proposed by the Senate pertaining to maintenance of security at 
the DOE uranium enrichment plants. Costs of implementing this 
provision will be allocated between the Department of Energy 
and the United States Enrichment Corporation.
      Sec. 311. The conference agreement modifies language 
proposed by the House in title V and requires the Department of 
Energy to include all appropriate regulatory entities when 
conducting pilot projects to simulate external regulation at 
Departmental facilities.
      The Department is directed not to initiate any pilot 
projects to simulate external regulation of Departmental 
facilities which do not include the Nuclear Regulatory 
Commission (NRC), the Occupational Safety and Health 
Administration (OSHA), and the appropriate State and local 
entities. The Department has been conducting pilot projects to 
simulate the external regulation of its facilities. However, 
the pilot projects to date have included only the NRC, and not 
OSHA, or the appropriate State and localregulatory entities 
which could also have oversight of worker safety and health at 
Departmental facilities. The Department has touted its successful pilot 
project at the Lawrence Berkeley National Laboratory, but the pilot 
project was completely inadequate because it did not include the 
participation of OSHA or State and local entities. Thus, the pilot 
project failed to address many of the issues involving the interactions 
among all of these entities and the Department of Energy. Obvious 
questions were left unanswered in the pilot project.
      The conferees direct the Department to address all of the 
issues involving OSHA and State and local regulation of worker 
safety and health at the Lawrence Berkeley National Laboratory 
in conjunction with NRC regulation. The Department should 
provide a report to the Committees on Appropriations by March 
31, 1999, on the results of the comprehensive pilot project. 
Additionally, the Department is directed to initiate in fiscal 
year 1999 a pilot project for a multi-program non-defense 
laboratory such as Argonne National Laboratory or Brookhaven 
National Laboratory which includes a large accelerator project. 
The Department should not conduct simulations of external 
regulation at sites with weapons activities responsibilities.
      Sec. 312. The conference agreement includes a provision 
delaying until September 30, 1999, the obligation of 
$57,000,000 in the Atomic Energy Defense Activities, Weapons 
Activities appropriation account.
Provisions not adopted by the conferees
      The conference agreement deletes language proposed by the 
House limiting the ability of Department of Energy facilities 
and laboratories to compete with the private sector. This 
provision has been addressed in report language.
      The conference agreement deletes language proposed by the 
House limiting economic assistance payments to the State of New 
Mexico until the Waste Isolation Pilot Plant commences disposal 
operations.
      The conference agreement deletes language proposed by the 
Senate permitting the Bonneville Power Administration to sell 
at wholesale rates to joint operating entities.
      The conference agreement deletes language proposed by the 
Senate providing offsetting funding reductions in various 
appropriation accounts.

                       Conference Recommendations

      The conference agreement's detailed funding 
recommendations for programs in title III are contained in the 
following table.





                                TITLE IV

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

      The conference agreement includes $66,400,000 for the 
Appalachian Regional Commission instead of $65,900,000 as 
proposed by the House and $67,000,000 as proposed by the 
Senate.

                           Denali Commission

      The conference agreement includes language proposed by 
the Senate appropriating $20,000,000 for the Denali Commission, 
amended to subject the appropriation to authorization enacted 
by law.

                Defense Nuclear Facilities Safety Board

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

                     Nuclear Regulatory Commission

                         Salaries and Expenses

      The conference agreement includes $465,000,000 instead of 
$462,700,000 as recommended by the House or $466,000,000 as 
recommended by the Senate. The conferees have provided 
$17,000,000, 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 $3,200,000 for regulatory 
reviews and other assistance provided to the Department of 
Energy.
      The conferees concur with the concerns raised by both the 
House and Senate with regard to the Nuclear Regulatory 
Commission and have provided the Commission with buyout 
authority.

                    Office of the 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 as 
proposed by the House and Senate.

                       Tennessee Valley Authority

      The conference agreement deletes language proposed by the 
Senate appropriating $70,000,000 for the Tennessee Valley 
Authority.
      No funding is provided for Land Between the Lakes.
      If the Chairman of the Tennessee Valley Authority Board 
of Directors determines and certifies in writing to the 
Congress and the Director of the Office of Management and 
Budget that the elimination of appropriated funds is the 
primary reason which would cause the TVA Board to increase 
power rates, the Chairman of the Tennessee Valley Authority, 
the Secretary of the Army, and the Director of the Office of 
Management and Budget shall jointly submit to Congress a report 
with recommendations regarding whether a transfer of Federal 
stewardship responsibilities along the Tennessee River to the 
U.S. Army Corps of Engineers would be in the best interest of 
Tennessee Valley ratepayers by preventing or mitigating the 
need for such a rate increase, and if so, shall submit a 
legislative proposal to transfer these functions to the U.S. 
Army Corps of Engineers. This report shall be submitted at 
least six months prior to the institution of the proposed rate 
increase.
      The conferees acknowledge TVA's traditional role in 
controlling aquatic vegetation growth along the Tennessee River 
and its tributaries. Accordingly, the conferees urge TVA to 
continue these efforts in Jackson County and Marshall County, 
Alabama with internally generated revenues.

                                TITLE V

                           GENERAL PROVISIONS

      Sec. 501. The conference agreement includes a provision 
proposed by both the House and Senate directing 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.
      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 both the House and Senate 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. 504. The conference agreement includes a provision 
proposed by both the House and Senate prohibiting the restart 
of the High Flux Beam Reactor.
      Sec. 505. The conference agreement includes a provision 
proposed by both the House and Senate providing a one-year 
extension of the authority of the Nuclear Regulatory Commission 
to collect fees and charges to offset appropriated funds.
      Sec. 506. The conference agreement includes language 
proposed by the House providing permanent authority for the 
Nuclear Regulatory Commission (NRC) to expend funds for various 
purposes for which the Committees on Appropriations have been 
providing annual authorization. The conference agreement also 
includes buyout authority for NRC employees through December 
31, 2000.
      Sec. 507. The conference agreement includes language 
transferring funds between two accounts in the District of 
Columbia Appropriations Act, 1998.
      The National Capitol Revitalization and Self-Government 
Improvement Act of 1997 (Public Law 105-33), enacted as part of 
the Balanced Budget Act of 1997, called for the Federal 
government to assume responsibility for financing the District 
of Columbia Courts and the newly created trustees for offender 
supervision and corrections. In order to facilitate transition 
to these new responsibilities, the District of Columbia 
Appropriations Act for fiscal year 1998 (Public Law 105-100) 
provided the requested $108,000,000 to finance Court operations 
and the requested $20,000,000 to the new District of Columbia 
Offender Supervision, Defender and Court Services Agency to 
finance the adult probation function which was transferred from 
the Courts.
      The conferees understand that the District of Columbia 
Courts have deferred paying court-appointed attorneys for 
services rendered because of a shortage of funds. The conferees 
have approved a transfer of $1,700,000 from the District of 
Columbia Offender Services Trustee to the District of Columbia 
Courts. The transferred funds are to be used solely for the 
purpose of reimbursing court-appointed attorneys, in addition 
to any other funds for that purpose currently available or 
which may become available at a later date.
      Sec. 508. The conference agreement includes language 
designating the wetlands located in Yolo County, California, 
and known as the Yolo Basin Wetlands, as the ``Vic Fazio Yolo 
Wildlife Area.''
      Sec. 509. The conference agreement includes language 
dedicating to United States Senator Dale Bumpers nine areas in 
the State of Arkansas' National Wilderness Preservation System, 
and renaming the Arkansas Wilderness Act of 1984 as the ``Dale 
Bumpers Wilderness Resources Protection Act.''
Provisions not adopted by the conferees
      The conference agreement deletes language proposed by the 
Senate 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.
      The conference agreement deletes language proposed by the 
Senate 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.
      The conference agreement deletes language proposed by the 
Senate pertaining to the Animas-La Plata project in Colorado 
and New Mexico.
      The conference agreement deletes language proposed by the 
House repealing section 505 of Public Law 102-377, the Fiscal 
Year 1993 Energy and Water Development Appropriations Act, and 
section 208 of Public Law 99-349, the Urgent Supplemental 
Appropriations Act, 1986.
      The conference agreement deletes a provision proposed by 
the House implementing external regulation of environment, 
safety and health activities at the Lawrence Berkeley National 
Laboratory. A provision requiring the Department to include all 
appropriate regulatory entities when conducting pilot projects 
to simulate external regulation at Departmental facilities has 
been included in title III.

                                TITLE VI

                           DENALI COMMISSION

      The conference agreement deletes language proposed by the 
Senate establishing and authorizing the Denali Commission.

                   Conference Total--With Comparisons

      The total new budget (obligational) authority for the 
fiscal year 1999 recommended by the Committee of Conference, 
with comparisons to the fiscal year 1998 amount, the 1999 
budget estimates, and the House and Senate bills for 1999 
follow:

New budget (obligational) authority, fiscal year 1998... $21,261,907,000
Budget estimates of new (obligational) authority, fiscal 
    year 1999...........................................  21,720,462,000
House bill, fiscal year 1999............................  21,077,465,000
Senate bill, fiscal year 1999...........................  21,373,861,000
Conference agreement, fiscal year 1999..................  21,332,135,000
Conference agreement compared with:
    New budget (obligational) authority, fiscal year 
      1998..............................................     +70,228,000
    Budget estimates of new (obligational) authority, 
      fiscal year 1999..................................    -388,327,000
    House bill, fiscal year 1999........................    +254,670,000
    Senate bill, fiscal year 1999.......................     -41,726,000
                                   Joseph McDade,
                                   Harold Rogers,
                                   Joe Knollenberg,
                                   Rod Frelinghuysen,
                                   Mike Parker,
                                   Sonny Callahan,
                                   Jay Dickey,
                                   Bob Livingston,
                                   Vic Fazio,
                                   Peter J. Visclosky,
                                   Chet Edwards,
                                   Ed Pastor,
                                   David Obey,
                                 Managers on the Part of the House.

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