[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4060 Enrolled Bill (ENR)]
H.R.4060
One Hundred Fifth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
eight
An Act
Making appropriations for energy and water development for the fiscal
year ending September 30, 1999, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 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 of the
costs of construction and rehabilitation of inland waterways projects,
including rehabilitation costs for the Lock and Dam 25, Mississippi
River, Illinois and Missouri; Lock and Dam 14, Mississippi River, Iowa;
Lock and Dam 24, 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 appropriated herein to
implement section 211(f)(6) of Public Law 104-303 (110 Stat. 3683) and
to reimburse the non-Federal sponsor a portion of the Federal share of
project construction costs for the flood control components comprising
the Brays Bayou element of the project for flood control, Buffalo Bayou
and tributaries, Texas: 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 United States 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 United
States 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 CFR, 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 United States 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 (GAO) headquarters building in Washington, D.C., for use by the
Corps and GAO. The Secretary is authorized to enter into a lease with
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

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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).

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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).

54341d3c01fd9cd7f3eb69c7e2b040ae13c9778c3604bffc5f2185a221497b85

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).

8fad9a01389038a9711541d9fcae9cc7a81c06243793ce33a09c92d640d3c35a

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.

5db80756e0546746a02e4b3ac73d4f1c48c9fb9a43213fb13d981cf804dfeac6

Energy may use funds appropriated by this Act to enter into multi-year
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.

97d4affe75e7533167e377eface48726574e154590b607372f00df50e2ed5e5f

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.

80010442303d8d616068c3c6e0dc3138c0d0099683f4f74221bf10930b10dea5

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)).

807ff79ea10c3d4e04e5ad0576c3c1a069d3f60f7ff613e963d96d56fffad3e1

Plants.--Section 3107(h) of the USEC 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.''.

138b1e7a5e27f377c208c8a9061181c3e8bdfbbf77d70f88b1765fecb75ce43f

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.

f737000001d2adabd3813f5db9c580c5cb35ae47508a9c165704ee6593418446

``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 Public Law 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.

fec4829c991fb9ca8537920234324e7e01cd6697c5fc78b8531392be526426fe

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

TITLE V

-GENERAL PROVISIONS

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.

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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

may be used to restart the High Flux Beam Reactor.

604eb295f8a7746bfa3ed531f907f56ff7666aca1dcfb0d949a0eb5d1591e285

Act of 1990, as amended, (42 U.S.C. 2214(a)(3)) is amended by striking
``September 30, 1998'' and inserting ``September 30, 1999''.

a435a7beef6628b274e1e7714b12ed210faedeb9a93f82f17ca3dda8cd8f17f5

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)

0867e16d2e25c2ee4427251d68668ad2b5690047c854d5f0250097e2a8659525

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

a874f64464c1759be72560ee8490ff2e1c995dd2c075a9627f39a83cdd7adf43

known as the Yolo Basin Wetlands, shall be known and designated as the
``Vic Fazio Yolo Wildlife Area''. Any reference in a law, map,
regulation, document, paper, or other record of the United States to
the wetlands shall be deemed to be a reference to the ``Vic Fazio Yolo
Wildlife Area''.
Dale bumpers wildlife resources protection act

f228c6911fc5e622c1b305d9b9a0bc24901c25f0ba9a99d4a4f3df9a60c50dfd

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''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

7159ef2e6469b2a58a1b2ea3fb350bf9d687cf9d4f7dc44859c1d890e54eb22a

Energy and Water Development Appropriations Act, 1999

Other Sections

TITLE V

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