f79b27e91bbd4ad6d49318a50e1dcea1584178c665aebb5113feaedd8f68504c

authorized and directed to provide planning, design and construction
assistance to non-Federal interests in carrying out water-related
environmental infrastructure and environmental resources development
projects in Alaska, including assistance for wastewater treatment and
related facilities; water supply, storage, treatment and distribution
facilities; and development, restoration or improvement of wetlands and
other aquatic areas for the purpose of protection or development of
surface water resources: Provided, That the non-Federal interest shall
enter into a binding agreement with the Secretary wherein the non-
Federal interest will provide all lands, easements, rights-of-way,
relocations, and dredge material disposal areas required for the
project, and pay 50 per centum of the costs of required feasibility
studies, 25 per centum of the costs of designing and constructing the
project, and 100 per centum of the costs of operation, maintenance,
repair, replacement or rehabilitation of the project: Provided further,
That the value of lands, easements, rights-of-way, relocations and
dredged material disposal areas provided by the non-Federal interest
shall be credited toward the non-Federal share, not to exceed 25 per
centum, of the costs of designing and constructing the project:
Provided further, That utilizing $5,000,000 of the funds appropriated
herein, the Secretary is directed to carry out this section.
Green Brook Sub-Basin Flood Control Project, New Jersey

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46176bfbbd4accaa1d16e47d4bb6a9fd909d5bcc350a1a2eab608607670a2d2b

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.

438f43dc45bfa100ac7197bb3116af769d16285a6a827c41e5f570011393a2e9

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.

f02bc41fb522c1d22abc7314b260b4ad54b27d2ff231d97766e67cdcaa774d6c

appropriations Act may be used to--
(1) develop or implement a workforce restructuring plan that
covers employees of the Department of Energy; or
(2) provide enhanced severance payments or other benefits for
employees of the Department of Energy;
under section 3161 of the National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102-484; 106 Stat. 2644; 42 U.S.C. 7274h).

4154bf20249c07ce295a35b68450f267c1e5d16c659598e8fb0c5bf1be431f6f

appropriations Act may be used to augment the $61,159,000 made
available for obligation by this Act for severance payments and other
benefits and community assistance grants under section 3161 of the
National Defense Authorization Act for Fiscal Year 1993 (Public Law
102-484; 106 Stat. 2644; 42 U.S.C. 7274h).

ea1438d973499c3c11a968938146bba7f6d392edbf13c4b77691d260435885de

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)

ba19e2b4f357e3ed18837841deca82a097f49c1103296eb9b3ee449b6b553371

for activities in this Act may be transferred to appropriation accounts
for such activities established pursuant to this title. Balances so
transferred may be merged with funds in the applicable established
accounts and thereafter may be accounted for as one fund for the same
time period as originally enacted.
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized by the
Appalachian Regional Development Act of 1965, as amended,
notwithstanding section 405 of said Act, and for necessary expenses for
the Federal Co-Chairman and the alternate on the Appalachian Regional
Commission and for payment of the Federal share of the administrative
expenses of the Commission, including services as authorized by 5
U.S.C. 3109, and hire of passenger motor vehicles, $170,000,000, to
remain available until expended.
Defense Nuclear Facilities Safety Board
Salaries and Expenses
For necessary expenses of the Defense Nuclear Facilities Safety
Board in carrying out activities authorized by the Atomic Energy Act of
1954, as amended by Public Law 100-456, section 1441, $17,000,000, to
remain available until expended.
Nuclear Regulatory Commission
Salaries and Expenses
(including transfer of funds)
For necessary expenses of the Commission in carrying out the
purposes of the Energy Reorganization Act of 1974, as amended, and the
Atomic Energy Act of 1954, as amended, including the employment of
aliens; services authorized by 5 U.S.C. 3109; publication and
dissemination of atomic information; purchase, repair, and cleaning of
uniforms; official representation expenses (not to exceed $20,000);
reimbursements to the General Services Administration for security
guard services; hire of passenger motor vehicles and aircraft,
$468,000,000, to remain available until expended: Provided, That of the
amount appropriated herein, $15,000,000 shall be derived from the
Nuclear Waste Fund: Provided further, That from this appropriation,
transfers of sums may be made to other agencies of the Government for
the performance of the work for which this appropriation is made, and
in such cases the sums so transferred may be merged with the
appropriation to which transferred: Provided further, That moneys
received by the Commission for the cooperative nuclear safety research
program, services rendered to State governments, foreign governments
and international organizations, and the material and information
access authorization programs, including criminal history checks under
section 149 of the Atomic Energy Act may be retained and used for
salaries and expenses associated with those activities, notwithstanding
31 U.S.C. 3302, and shall remain available until expended: Provided
further, That revenues from licensing fees, inspection services, and
other services and collections estimated at $450,000,000 in fiscal year
1998 shall be retained and used for necessary salaries and expenses in
this account, notwithstanding 31 U.S.C. 3302, and shall remain
available until expended: Provided further, That $3,000,000 of the
funds herein appropriated for regulatory reviews and other assistance
provided to the Department of Energy and other Federal agencies shall
be excluded from license fee revenues, notwithstanding 42 U.S.C. 2214:
Provided further, That the sum herein appropriated shall be reduced by
the amount of revenues received during fiscal year 1998 from licensing
fees, inspection services and other services and collections, excluding
those moneys received for the cooperative nuclear safety research
program, services rendered to State governments, foreign governments
and international organizations, and the material and information
access authorization programs, so as to result in a final fiscal year
1998 appropriation estimated at not more than $18,000,000.
Office of Inspector General
(including transfer of funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, including services authorized by 5 U.S.C. 3109, $4,800,000, to
remain available until expended; and in addition, an amount not to
exceed 5 percent of this sum may be transferred from Salaries and
Expenses, Nuclear Regulatory Commission: Provided, That notice of such
transfers shall be given to the Committees on Appropriations of the
House of Representatives and Senate: Provided further, That from this
appropriation, transfers of sums may be made to other agencies of the
Government for the performance of the work for which this appropriation
is made, and in such cases the sums so transferred may be merged with
the appropriation to which transferred: Provided further, That revenues
from licensing fees, inspection services, and other services and
collections shall be retained and used for necessary salaries and
expenses in this account, notwithstanding 31 U.S.C. 3302, and shall
remain available until expended: Provided further, That the sum herein
appropriated shall be reduced by the amount of revenues received during
fiscal year 1998 from licensing fees, inspection services, and other
services and collections, so as to result in a final fiscal year 1998
appropriation estimated at not more than $0.
Nuclear Waste Technical Review Board
Salaries and Expenses
For necessary expenses of the Nuclear Waste Technical Review Board,
as authorized by Public Law 100-203, section 5051, $2,600,000, to be
derived from the Nuclear Waste Fund, and to remain available until
expended.
Tennessee Valley Authority
For the purpose of carrying out the provisions of the Tennessee
Valley Authority Act of 1933, as amended (16 U.S.C. ch. 12A), including
hire, maintenance, and operation of aircraft, and purchase and hire of
passenger motor vehicles, $70,000,000, to remain available until
expended, of which $6,900,000 shall be available for operation,
maintenance, surveillance, and improvement of Land Between the Lakes;
and for essential stewardship activities for which appropriations were
provided to the Tennessee Valley Authority in Public Law 104-206, such
sums as are necessary in fiscal year 1999 and thereafter, to be derived
only from one or more of the following sources: nonpower fund balances
and collections; investment returns of the nonpower program; applied
programmatic savings in the power and nonpower programs; savings from
the suspension of bonuses and awards; savings from reductions in
memberships and contributions; increases in collections resulting from
nonpower activities, including user fees; or increases in charges to
private and public utilities both investor and cooperatively owned, as
well as to direct load customers: Provided, That such funds are
available to fund the stewardship activities under this paragraph,
notwithstanding sections 11, 14, 15, 29, or other provisions of the
Tennessee Valley Authority Act, as amended, or provisions of the TVA
power bond covenants: Provided further, That the savings from, and
revenue adjustments to, the TVA budget in fiscal year 1999 and
thereafter shall be sufficient to fund the aforementioned stewardship
activities such that the net spending authority and resulting outlays
for these activities shall not exceed $0 in fiscal year 1999 and
thereafter.
TITLE V
GENERAL PROVISIONS

4cfee01135df1c871aa0bcac4d54afbbf7cf7dcf3a74f7b210fb09b94981d474

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.

efd4797a7addee1f7c0c74edd5741704c928e8d5c5d50782c3c7b0bd1e001d3c

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.

6ea89cb4bce4629e20ea8fe8c12cc88e4769ae68a5a08f9a22a92ae01b9a7bca

provided by contract or by grant (including a grant of funds to be
available for student aid) to any institution of higher education, or
subelement thereof, that is currently ineligible for contracts and
grants pursuant to section 514 of the Departments of Labor, Health and
Human Services, and Education, and Related Agencies Appropriations Act,
1997 (as contained in section 101(e) of division A of Public Law 104-
208; 110 Stat. 3009-270).

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obligated or expended to enter into or renew a contract with a
contractor that is subject to the reporting requirement set forth in
subsection (d) of section 4212 of title 38, United States Code, but has
not submitted the most recent report required by such subsection.

30af923662a86e4a9924c183e2997870851a840228c4990188ae1ee7978e31ae

salary of any officer or employee of the Department of the Interior may
be used for the Animas-La Plata Project, in Colorado and New Mexico,
except for: (1) activities required to comply with the applicable
provisions of current law; and (2) continuation of activities pursuant
to the Colorado Ute Indian Water Rights Settlement Act of 1988 (Public
Law 100-585).

303c64bb2f8c1fc826ef3532d058794cc1ba71e743c4774f5ee64c3b5eb00168

and Groundwater Act, Public Law 104-266, is amended by--
(1) striking ``study'' in the section title and in subsection
(a), and inserting ``project'' into the title and in subsection
(a);
(2) inserting in subsection (a) ``planning, design, and
construction of the'' following ``to participate in the''; and
(3) inserting in subsection (a) ``and nonpotable surface
water'' following ``impaired ground water''.

8670d96a40cda1ca99390930105eb927b7fb503883da73f620b06d16d686e5e9

Settlement Act of 1994 (Public Law 103-434) is amended by striking
``$4,000,000 for construction'' and inserting ``$13,000,000, at 1997
prices, for construction plus or minus such amounts as may be justified
by reason of ordinary fluctuations of applicable cost indexes''.

02b65a0d3af2c28cf7147bdfdcf74839a67fec1e18a665240ae380ff91d13834

towards its required contribution under Contract No. DACW59-C-0071 for
the cost of recreational facilities to be constructed by a joint
venture of the State in cooperation with private interests for
recreation development at Stonewall Jackson Lake, West Virginia, except
that the State shall receive no credit for costs associated with golf
course development and the amount of the credit may not exceed the
amount owed by the State under the Contract.
(b) The Corps of Engineers shall revise both the 1977 recreation
cost-sharing agreement and the Park and Recreation Lease dated October
2, 1995 to remove the requirement that such recreation facilities are
to be owned by the Government at the time of their completion as
contained in Article 2-06 of the cost-sharing agreement and Article 36
of the lease.
(c) Nothing in this section shall reduce the amount of funds owed
the United States Government pursuant to the 1977 recreation cost-
sharing agreement.

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the United States Enrichment Corporation (USEC) pursuant to this
section shall be retained and used for the specific purpose of
development and demonstration of AVLIS technology for uranium
enrichment: Provided, That, notwithstanding section 1605 of the Atomic
Energy Act of 1954, as amended (42 U.S.C. 2297e-4), USEC shall transfer
to the Department such sums as are necessary in fiscal year 1998 for
AVLIS demonstration and development activities to be derived only from
one or more of the following sources: savings from adjustments in the
level of inventories; savings from reductions in capital and operating
costs; savings from reductions in power costs including savings from
increased use of off-peak power; or savings from adjustments in the
amount of purchases: Provided further, That the savings from such
reductions and adjustments in the amounts paid by USEC in fiscal year
1998 shall be sufficient to fund the aforementioned AVLIS demonstration
and development activities such that the net spending authority and
resulting outlays for these activities shall not exceed $0 in fiscal
year 1998 and thereafter: Provided further, That, prior to transferring
funds to the Department for AVLIS activities pursuant to this section,
the Chief Financial Officer of USEC shall submit to the Committees on
Appropriations of the House of Representatives and Senate an itemized
listing of the amounts of the reductions made pursuant to this section
to fund the proposed transfer: Provided further, That, by November 1,
1998, the Chief Financial Officer of USEC shall submit to the
Committees on Appropriations of the House of Representatives and Senate
an itemized listing of the amounts of the reductions made pursuant to
this section for fiscal year 1998: Provided further, That the
provisions in this section related to the transfer to and use by the
Department of funds for AVLIS demonstration and development activities
shall expire as of the privatization date for USEC, as defined in
section 3102 of the USEC Privatization Act (42 U.S.C. 2297h), and the
total amount obligated by the Department pursuant to this section for
AVLIS demonstration and development activities shall not exceed
$60,000,000.

07426ad340b1ceca72d29d9097ce2e244d763e722e475f758ad9d39737974371

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.

c867ce368da6d0bcb192647ee0ba42c44f11c65e06837ac587d699541837ad32

Plants.--Section 3107 of the USEC Privatization Act (42 U.S.C. 2297h-5)
is amended by adding at the end the following:
``(h) Maintenance of Security.--
``(1) In general.--With respect to the Paducah Gaseous
Diffusion Plant, Kentucky, and the Portsmouth Gaseous Diffusion
Plant, Ohio, the guidelines relating to the authority of the
Department of Energy's contractors (including any Federal agency,
or private entity operating a gaseous diffusion plant under a
contract or lease with the Department of Energy) and any
subcontractor (at any tier) to carry firearms and make arrests in
providing security at Federal installations, issued under section
161k. of the Atomic Energy Act of 1954 (42 U.S.C. 2201k.) shall
require, at a minimum, the presence of an adequate number of
security guards carrying sidearms at all times to ensure
maintenance of security at the gaseous diffusion plants (whether a
gaseous diffusion plant is operated directly by a Federal agency or
by a private entity under a contract or lease with a Federal
agency).''.

df2537fa50fdd077ea53aff94a02e96051e4bda73c89ae22436206a3421a179a

may be used to restart the High Flux Beam Reactor.
This Act may be cited as the ``Energy and Water Development
Appropriations Act, 1998''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

2670d303afdadf11bbbc6ad64aca4f6c002611bd8cb39ee9cfeea1046d02e765

Energy and Water Development Appropriations Act, 1998

Other Sections

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