[House Report 105-271] [From the U.S. Government Publishing Office] 105th Congress Report HOUSE OF REPRESENTATIVES 1st Session 105-271 _______________________________________________________________________ MAKING APPROPRIATIONS FOR ENERGY AND WATER DEVELOPMENT FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1998, AND FOR OTHER PURPOSES _______ September 26, 1997.--Ordered to be printed _______________________________________________________________________ Mr. McDade, from the committee on conference, submitted the following CONFERENCE REPORT [To accompany H.R. 2203] The committee of conference on the disagreeing votes of the two Houses on the amendment of the Senate to the bill (H.R. 2203) ``making appropriations for energy and water development for the fiscal year ending September 30, 1998, and for other purposes'', having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows: That the House recede from its disagreement to the amendment of the Senate, and agree to the same with an amendment, as follows: In lieu of the matter stricken and inserted by said amendment, insert: That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 1998, for energy and water development, and for other purposes, namely: TITLE I DEPARTMENT OF DEFENSE--CIVIL DEPARTMENT OF THE ARMY Corps of Engineers--Civil The following appropriations shall be expended under the direction of the Secretary of the Army and the supervision of the Chief of Engineers for authorized civil functions of the Department of the Army pertaining to rivers and harbors, flood control, beach erosion, and related purposes. general investigations For expenses necessary for the collection and study of basic information pertaining to river and harbor, flood control, shore protection, and related projects, restudy of authorized projects, miscellaneous investigations, and, when authorized by laws, surveys and detailed studies and plans and specifications of projects prior to construction, $156,804,000, to remain available until expended, of which funds are provided for the following projects in the amounts specified: Delaware Bay Coastline, Delaware and New Jersey, $456,000; Tampa Harbor, Alafia Channel, Florida, $270,000; Laulaulei, Hawaii, $200,000; Barnegat Inlet to Little Egg Harbor Inlet, New Jersey, $400,000; Brigantine Inlet to Great Egg Harbor Inlet, New Jersey, $472,000; Great Egg Harbor Inlet to Townsends Inlet, New Jersey, $400,000; Lower Cape May Meadows--Cape May Point, New Jersey, $154,000; Manasquan Inlet to Barnegat Inlet, New Jersey, $400,000; Raritan Bay to Sandy Hook Bay (Cliffwood Beach), New Jersey, $300,000; Townsends Inlet to Cape May Inlet, New Jersey, $500,000; and Monongahela River, Fairmont, West Virginia, $350,000: Provided, That the Secretary of the Army, acting through the Chief of Engineers, is directed to use $600,000 of the funds appropriated in Public Law 102-377 for the Red River Waterway, Shreveport, Louisiana, to Daingerfield, Texas, project for the feasibility phase of the Red River Navigation, Southwest Arkansas, study: Provided further, That the Secretary of the Army, acting through the Chief of Engineers, is directed to use $470,000 of the funds appropriated herein to initiate the feasibility phase for theMetropolitan Louisville, Southwest, Kentucky, study: Provided further, That the Secretary of the Army is directed to use $500,000 of the funds appropriated herein to implement section 211(f)(7) of Public Law 104-303 (110 Stat. 3684) and to reimburse the non-Federal sponsor a portion of the Federal share of project costs for the Hunting Bayou element of the project for flood control, Buffalo Bayou and tributaries, Texas: Provided further, That the Secretary of the Army is directed to use $150,000 of the funds appropriated herein to implement section 211(f)(8) of Public Law 104- 303 (110 Stat. 3684) and to reimburse the non-Federal sponsor a portion of the Federal share of project costs for the project for flood control, White Oak Bayou watershed, Texas. construction, general For the prosecution of river and harbor, flood control, shore protection, and related projects authorized by laws; and detailed studies, and plans and specifications, of projects (including those for development with participation or under consideration for participation by States, local governments, or private groups) authorized or made eligible for selection by law (but such studies shall not constitute a commitment of the Government to construction), $1,473,373,000, to remain available until expended, of which such sums as are necessary pursuant to Public Law 99-662 shall be derived from the Inland Waterways Trust Fund, for one-half of the costs of construction and rehabilitation of inland waterways projects, including rehabilitation costs for the Lock and Dam 25, Mississippi River, Illinois and Missouri; Lock and Dam 14, Mississippi River, Iowa; Lock and Dam 24, Mississippi River, Illinois and Missouri; and Lock and Dam 3, Mississippi River, Minnesota, projects, and of which funds are provided for the following projects in the amounts specified: Arkansas River, Tucker Creek, Arkansas, $300,000; Norco Bluffs, California, $1,000,000; San Timoteo Creek (Santa Ana River Mainstem), California, $5,000,000; Panama City Beaches, Florida, $5,000,000; Tybee Island, Georgia, $2,000,000; Indianapolis Central Waterfront, Indiana, $5,000,000; Indiana Shoreline Erosion, Indiana, $3,000,000; Lake George, Hobart, Indiana, $3,500,000; Ohio River Flood Protection, Indiana, $1,300,000; Harlan, Williamsburg, and Middlesboro, Kentucky, elements of the Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River, $26,390,000; Martin County, Kentucky, element of the Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River, $5,000,000; Pike County, Kentucky, element of the Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River, $5,300,000; Town of Martin (Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River), Kentucky, $700,000; Salyersville, Kentucky, $2,050,000; Southern and Eastern Kentucky, Kentucky, $3,000,000; Lake Pontchartrain and Vicinity (Hurricane Protection), Louisiana, $22,920,000; Lake Pontchartrain (Jefferson Parish) Stormwater Discharge, Louisiana, $3,000,000; Jackson County, Mississippi, $3,000,000; Natchez Bluff, Mississippi, $4,000,000; Pearl River, Mississippi (Walkiah Bluff), $2,000,000; Joseph G. Minish Passaic River Park, New Jersey, $3,000,000; Hudson River, Athens, New York, $8,700,000; Lackawanna River, Olyphant, Pennsylvania, $1400,000; Lackawanna River, Scranton, Pennsylvania, $5,425,000; Lycoming County, Pennsylvania, $339,000; South Central Pennsylvania Environment Improvement Program, $30,000,000, of which $10,000,000 shall be available only for water-related environmental infrastructure and resource protection and development projects in Lackawanna, Lycoming, Susquenhanna, Wyoming, Pike, and Monroe counties in Pennsylvania in accordance with the purposes of subsection (a) and requirements of subsection (b) through (e) of section 313 of the Water Resources Development Act of 1992, as amended; Wallisville Lake, Texas, $9,200,000; Virginia Beach, Virginia (Reimbursement), $925,000; Virginia Beach, Virginia (Hurricane Protection), $13,000,000; West Virginia and Pennsylvania Flood Control, West Virginia and Pennsylvania, $3,000,000; Hatfield Bottom (Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River), West Virginia, $1,000,000; Lower Mingo (Kermit) (Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River), West Virginia, $6,300,000; Lower Mingo, West Virginia, Tributaries Supplement, $150,000; Upper Mingo County (Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River), West Virginia, $3,000,000; Levisa Basin Flood Warning System (Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River), Kentucky and Virginia, $400,000; Tug Fork Basin Flood Warning System (Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River), West Virginia, $400,000; and Wayne County (Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River), West Virginia, $1,200,000: Provided, That the Secretary of the Army, acting through the Chief of Engineers, is directed to proceed with design and construction of the Southeast Louisiana, Louisiana, project and to award continuing contracts, which are not to be considered fully funded, beginning in fiscal year 1998 consistent with the limit of the authorized appropriation ceiling: Provided further, That the Secretary of the Army acting through the Chief of Engineers, is directed to use $225,000 of funds provided herein to construct necessary repairs to the flume and conduit for flood control at the Hagerman's Run, Williamsport, Pennsylvania, flood control project: Provided further, That the Secretary of the Army is directed to incorporate the economic analyses for the Green Ridge and Plot sections of the Lackawanna River, Scranton, Pennsylvania, project with the economic analysis for the Albright Street section of the project, and to cost-share and implement these combined sections as a single project with no separable elements, except that each section may be undertaken individually when the non- Federal sponsor provides the applicable local cooperation requirements: Provided further, That section 114 of Public Law 101-101, the Energy and Water Development Appropriations Act, 1990, is amended by striking ``total cost of $19,600,000'' and inserting in lieu thereof, ``total cost of $40,000,000'': Provided further, That the Secretary of the Army, acting through the Chief of Engineers, is authorized and directed to combine the Wilmington Harbor--Northeast Cape Fear River, North Carolina, project authorized in section 202(a) of the Water Resources Development Act of 1986, the Wilmington Harbor, Channel Widening, North Carolina, project authorized in section 101(a)(23) of the Water Resources Development Act of 1996, and the Cape Fear--Northeast (Cape Fear) Rivers, North Carolina, project authorized in section 101(a)(22) of the Water Resources Development Act of 1996 into a single project with one Project Cooperation Agreement based on cost sharing as a single project: Provided further, That The Secretary of the Army, acting through the Chief of Engineers, is directed to use $20,000,000 of the funds appropriated herein to initiate construction of the Houston-Galveston Navigation Channels, Texas, project and execute a Project Cooperation Agreement for the entire project authorized in the Water Resources Development Act of 1996, Public Law 104-303: Provided further, That the Secretary of the Army acting through the Chief of Engineers, may use up to $5,000,000 of the funding appropriated herein to initiate construction of an emergency outlet from Devils Lake, North Dakota, to the Sheyenne river, and that this amount is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(D)(i)); except that funds shall not become available unless the Secretary of the Army determines that an emergency (as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) exists with respect to the emergencyneed for the outlet and reports to Congress that the construction is technically sound, economically justified, and environmentally acceptable and in compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.): Provided further, That the economic justification for the emergency outlet shall be prepared in accordance with the principles and guidelines for economic evaluation as required by regulations and procedures of the Army Corps of Engineers for all flood control projects, and that the economic justification be fully described, including the analysis of the benefits and costs, in the project plan documents: Provided further, That the plans for the emergency outlet shall be reviewed and, to be effective, shall contain assurances provided by the Secretary of State, after consultation with the International Joint Commission, that the project will not violate the requirements or intent of the Treaty Between the United States and Great Britain Relating to Boundary Waters Between the United States and Canada, signed at Washington January 11, 1909 (36 Stat. 2448; TS 548) (commonly known as the ``Boundary Waters Treaty of 1909''): Provided further, That the Secretary of the Army shall submit the final plans and other documents for the emergency outlet to Congress: Provided further, That no funds made available under this Act or any other Act for any fiscal year may be used by the Secretary of the Army to carry out the portion of the feasibility study of the Devils Lake Basin, North Dakota, authorized under the Energy and Water Development Appropriations Act, 1993 (Public Law 102-377), that addresses the needs of the area for stabilized lake levels through inlet controls, or to otherwise study any facility or carry out any activity that would permit the transfer of water from the Missouri River Basin into Devils Lake: Provided further, That the entire amount of $5,000,000 shall be available only to the extent an official budget request, that includes the designation of the entire amount of the request as an emergency requirement as defined by the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided further, That the Secretary of the Army is directed to use $2,000,000 of the funds appropriated herein to implement section 211(f)(6) of Public Law 104-303 (110 Stat. 3683) and to reimburse the non-Federal sponsor a portion of the Federal share of project construction costs for the flood control components comprising the Brays Bayou element of the project for flood control, Buffalo Bayou and tributaries, Texas. flood control, mississippi river and tributaries, arkansas, illinois, kentucky, louisiana, mississippi, missouri, and tennessee For expenses necessary for prosecuting work of flood control, and rescue work, repair, restoration, or maintenance of flood control projects threatened or destroyed by flood, as authorized by law (33 U.S.C. 702a, 702g-1), $296,212,000, to remain available until expended: Provided, That notwithstanding the funding limitations set forth in Public Law 104-6 (109 Stat. 85), the Secretary of the Army, acting through the Chief of Engineers, is authorized and directed to use additional funds appropriated herein or previously appropriated to complete remedial measures to prevent slope instability at Hickman Bluff, Kentucky: Provided further, That, using funds appropriated in this Act, the Secretary of the Army may construct the Ten and Fifteen Mile Bayou channel enlargement as an integral part of the work accomplished on the St. Francis Basin, Arkansas and Missouri Project, authorized by the Flood Control Act of 1950: Provided further, That the Secretary of the Army, acting through the Chief of Engineers, is directed to use up to $4,000,000, including the $1,900,000 appropriated herein, to dredge Sardis Lake, Mississippi, at 100 percent Federal cost, so that the City of Sardis, Mississippi, may proceed with its developmentof the valuable resources of Sardis Lake in Mississippi, consistent with language provided in House Report 104-679, accompanying the Fiscal Year 1997 Energy and Water Development Appropriations Act (Public Law 104-206): Provided further, That within available funds, the Secretary of the Army, acting through the Chief of Engineers, is directed to conduct, at 100 percent Federal cost, the necessary Environmental Assessment and Impact Studies for the initial components of Sardis Lake development as provided in the Sardis Lake Recreation and Tourism Master Plan, Phase II. operation and maintenance, general For expenses necessary for the preservation, operation, maintenance, and care of existing river and harbor, flood control, and related works, including such sums as may be necessary for the maintenance of harbor channels provided by a State, municipality or other public agency, outside of harbor lines, and serving essential needs of general commerce and navigation; surveys and charting of northern and northwestern lakes and connecting waters; clearing and straightening channels; and removal of obstructions to navigation, $1,740,025,000, to remain available until expended, of which such sums as become available in the Harbor Maintenance Trust Fund, pursuant to Public Law 99-662, may be derived from that Fund, and of which such sums as become available from the special account established by the Land and Water Conservation Act of 1965, as amended (16 U.S.C. 460l), may be derived from that Fund for construction, operation, and maintenance of outdoor recreation facilities, and of which funds are provided for the following projects in the amounts specified: Anclote River, Florida, $1,500,000; Beverly Shores, Indiana, $1,700,000; Boston Harbor, Massachusetts, $16,500,000; Flint River, Michigan, $875,000; and Raystown Lake, Pennsylvania, $4,690,000: Provided, That the Secretary of the Army, acting through the Chief of Engineers, is directed to use funds appropriated in Public Law 104-206 to reimburse the local sponsor of the Fort Myers Beach, Florida, project for the maintenance dredging performed by the local sponsor to open the authorized channel to navigation in fiscal year 1996: Provided further, That no funds, whether appropriated, contributed, or otherwise provided, shall be available to the United States Army Corps of Engineers for the purpose of acquiring land in Jasper County, South Carolina, in connection with the Savannah Harbor navigation project: Provided, further, That the Secretary of the Army, acting through the Chief of Engineers, is authorized and directed to dredge a navigational channel in the Chena River at Fairbanks, Alaska, from its confluence with the Tanana River upstream to the University Road Bridge that will allow the safe passage during normal water levels of vessels up to 350 feet in length, 60 feet in width, and drafting up to 3 feet: Provided further, That using $6,000,000 of funds appropriated herein, the Secretary of the Army is directed to extend the navigation channel on the Allegheny River, Pennsylvania, project to provide passenger boat access to the Kittanning, Pennsylvania, Riverfront Park: Provided further, That the Secretary of the Army, acting through the Chief of Engineers, is directed to use $2,500,000 of the funds provided herein to implement measures upstream of Lake Cumberland, Kentucky, to intercept and dispose of solid waste. regulatory program For expenses necessary for administration of laws pertaining to regulation of navigable waters and wetlands, $106,000,000, to remain available until expended. flood control and coastal emergencies For expenses necessary for emergency flood control, hurricane, and shore protection activities, as authorized by section 5 of the Flood Control Act approved August 18, 1941, as amended, $4,000,000, to remain available until expended. formerly utilized sites remedial action program (including transfer of funds) For expenses necessary to administer and execute the Formerly Utilized Sites Remedial Action Program to clean up contaminated sites throughout the United States where work was performed as part of the Nation's early atomic energy program, $140,000,000, to remain available until expended: Provided, That the unexpended balances of prior appropriations provided for these activities in this Act or any previous Energy and Water Development Appropriations Act may be transferred to and merged with this appropriation account, and thereafter, may be accounted for as one fund for the same time period as originally enacted. general expenses For expenses necessary for general administration and related functions in the Office of the Chief of Engineers and offices of the Division Engineers, activities of the Coastal Engineering Research Board, the Humphreys Engineer Center Support Activity, the Engineering Strategic Studies Center, the Water Resources Support Center, and the USACE Finance Center, and for costs of implementing the Secretary of the Army's plan to reduce the number of division offices as directed in title I, Public Law 104-206, $148,000,000, to remain available until expended: Provided, That no part of any other appropriation provided in title I, of this Act shall be available to fund the activities of the Office of the Chief of Engineers or the executive direction and management activities of the division offices. revolving fund Amounts in the Revolving Fund may be used to construct a 17,000 square foot addition to the United States Army Corps of Engineers Alaska District main office building on Elmendorf Air Force Base. The Revolving Fund shall be reimbursed for such funding from the benefiting appropriations by collection each year of user fees sufficient to repay the capitalized cost of the asset and to operate and maintain the asset. administrative provision Appropriations in this title shall be available for official reception and representation expenses (not to exceed $5,000); and during the current fiscal year the revolving fund, Corps of Engineers, shall be available for purchase (not to exceed 100 for replacement only) and hire of passenger motor vehicles. GENERAL PROVISIONS Corps of Engineers--Civil Sec. 101. In fiscal year 1998, the Secretary of the Army is authorized and directed to provide planning, design and construction assistance to non-Federal interests in carrying out water related environmental infrastructure and environmental resources development projects in Alaska, including assistance for wastewater treatment and related facilities; water supply, storage, treatment and distribution facilities; and development, restoration or improvement of wetlands and other aquatic areas for the purpose of protection and development of surface water resources: Provided, That the non-Federal interest shall enter into a binding agreement with the Secretary wherein the non-Federal interest will provide all lands, easements, rights-of-way, relocations, and dredge material disposal areas required for the projects, and pay 50 per centum of the costs of required feasibility studies, 25 per centum of the costs of designing and constructing the project, and 100 per centum of the costs of operation, maintenance, repair, replacement or rehabilitation of the project: Provided further, That the value of lands, easements, rights-of-way, relocations and dredged material disposal areas provided by the non-Federal interest shall be credited toward the non-Federal share, not to exceed 25 per centum, of the costs of designing and constructing the project: Provided further, That utilizing $5,000,000 of the funds appropriated herein, the Secretary is directed to carry out this section. Sec. 102. Green Brook Sub-Basin Flood Control Project, New Jersey.--No funds made available under this Act or any other Act for any fiscal year may be used by the Secretary of the Army to construct the Oak Way detention structure or the Sky Top detention structure in Berkeley Heights, New Jersey, as part of the project for flood control, Green Brook Sub-basin, Raritan River Basin, New Jersey, authorized by section 401(a) of the Water Resources Development Act of 1986 (Public Law 99- 662, 100 Stat. 4119). TITLE II DEPARTMENT OF THE INTERIOR Central Utah Project central utah project completion account For carrying out activities authorized by the Central Utah Project Completion Act, and for activities related to the Unitah and Upalco Units authorized by 43 U.S.C. 620, $40,353,000, to remain available until expended, of which $16,610,000 shall be deposited into the Utah Reclamation Mitigation and Conservation Account: Provided, That of the amounts deposited into that account, $5,000,000 shall be considered the Federal contribution authorized by paragraph 402(b)(2) of the Central Utah Project Completion Act and $11,610,000 shall be available to the Utah Reclamation Mitigation and Conservation Commission to carry out activities authorized under that Act. In addition, for necessary expenses incurred in carrying out related responsibilities of the Secretary of the Interior, $800,000, to remain available until expended. Bureau of Reclamation For carrying out the functions of the Bureau of Reclamation as provided in the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto) and other Acts applicable to that Bureau as follows: water and related resources (including transfer of funds) For management, development, and restoration of water and related natural resources and for related activities, including the operation, maintenance and rehabilitation of reclamation and other facilities, participation in fulfilling related Federal responsibilities to Native Americans, and related grants to, and cooperative and other agreements with, State and local governments, Indian tribes, and others, $694,348,000, to remain available until expended, of which $18,758,000 shall be available for transfer to the Upper Colorado River Basin Fund and $56,442,000 shall be available for transfer to the Lower Colorado River Basin Development Fund, and of which such amounts as may be necessary may be advanced to the Colorado River Dam Fund: Provided, That such transfers may be increased or decreased within the overall appropriation under this heading: Provided further, That of the total appropriated, the amount for program activities that can be financed by the Reclamation Fund or the Bureau of Reclamation special fee account established by 16 U.S.C. 460l--6a(i) shall be derived from that Fund or account: Provided further, That funds contributed under 43 U.S.C. 395 are available until expended for the purposes for which contributed: Provided further, That funds advanced under 43 U.S.C. 397a shall be credited to this account and are available until expended for the same purposes as the sums appropriated under this heading: Provided further, That any amounts provided for the safety of dams modification work at Coolidge Dam, San Carlos Irrigation Project, Arizona, are in addition to the amount authorized in 43 U.S.C. 509: Provided further, That using $500,000 of funds appropriated herein, the Secretary of the Interior shall undertake a non- reimbursable project to install drains in the Pena Blanca area of New Mexico to prevent seepage from Cochiti Dam: Provided further, That funds available for expenditure for the Department Irrigation Drainage Program may be expended by the Bureau of Reclamation for site remediation on a non- reimbursable basis: Provided further, That the amount authorized for Indian municipal, rural, and industrial water features by Section 10 of Public Law 89-108, as amended by Section 8 of Public Law 99-294 and Section 1701(b) of Public Law 102-575, is increased by $1,300,000 (October, 1997 prices): Provided further, That the unexpended balances of the Bureau of Reclamation appropriation accounts for ``Construction Program (Including Transfer of Funds)'', ``General Investigations'', ``Emergency Fund'', and ``Operation and Maintenance'' shall be transferred to and merged with this account, to be available for the purposes for which they originally were appropriated: Provided further, That the Secretary of the Interior may use $2,500,000 of funds appropriated herein to initiate construction of the McCall Area Wastewater Reclamation and Reuse, Idaho, project. bureau of reclamation loan program account For the cost of direct loans and/or grants, $10,000,000, to remain available until expended, as authorized by the Small Reclamation Projects Act of August 6, 1956, as amended (43 U.S.C. 422a-422l): Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That these funds are available to subsidize gross obligations for the principal amount of direct loans not to exceed $31,000,000. In addition, for administrative expenses necessary to carry out the program for direct loans and/or grants,$425,000, to remain available until expended: Provided, That of the total sums appropriated, the amount of program activities that can be financed by the Reclamation Fund shall be derived from that Fund. central valley project restoration fund For carrying out the programs, projects, plans, and habitat restoration, improvement, and acquisition provisions of the Central Valley Project Improvement Act, such sums as may be collected in the Central Valley Project Restoration Fund pursuant to sections 3407(d), 3404(c)(3), 3405(f), and 3406(c)(1) of Public Law 102-575, to remain available until expended: Provided, That the Bureau of Reclamation is directed to levy additional mitigation and restoration payments totaling no more than $25,130,000 (October 1992 price levels) on a three-year rolling average basis, as authorized by section 3407(d) of Public Law 102-575. california bay-delta ecosystem restoration (including transfer of funds) For necessary expenses of the Department of the Interior and other participating Federal agencies in carrying out the California Bay-Delta Environmental Enhancement and Water Security Act consistent with plans to be approved by the Secretary of the Interior, in consultation with such Federal agencies, $85,000,000, to remain available until expended, of which such amounts as may be necessary to conform with such plans shall be transferred to appropriate accounts of such Federal agencies: Provided, That such funds may be obligated only as non-Federal sources provide their share in accordance with the cost-sharing agreement required under section 102(d) of such Act: Provided further, That such funds may be obligated prior to the completion of a final programmatic environmental impact statement only if: (1) consistent with 40 C.F.R. 1506.1(c); and (2) used for purposes that the Secretary finds are of sufficiently high priority to warrant such an expenditure. policy and administration For necessary expenses of policy, administration, and related functions in the office of the Commissioner, the Denver office, and offices in the five regions of the Bureau of Reclamation, to remain available until expended, $47,558,000, to be derived from the Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377: Provided, That no part of any other appropriation in this Act shall be available for activities or functions budgeted as policy and administrative expenses. administrative provision Appropriations for the Bureau of Reclamation shall be available for purchase of not to exceed six passenger motor vehicles for replacement only. TITLE III DEPARTMENT OF ENERGY Energy Programs energy supply For expenses of the Department of Energy activities including the purchase, construction and acquisition of plant and capital equipment and other expenses necessary for energy supply, and uranium supply and enrichment activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $906,807,000. non-defense environmental management For Department of Energy expenses, including the purchase, construction and acquisition of plant and capital equipment and other expenses necessary for non-defense environmental management activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 1701 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction or expansion, $497,059,000, to remain available until expended. uranium enrichment decontamination and decommissioning fund For necessary expenses in carrying out uranium enrichment facility decontamination and decommissioning, remedial actions and other activities of title II of the Atomic Energy Act of 1954 and title X, subtitle A of the Energy Policy Act of 1992, $220,200,000, to be derived from the Fund, to remain available until expended: Provided, That $40,000,000 of amounts derived from the Fund for such expenses shall be available in accordance with title X, subtitle A, of the Energy Policy Act of 1992. science For expenses of the Department of Energy activities including the purchase, construction and acquisition of plant and capital equipment and other expenses necessary for science activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or facility or for plant or facility acquisition, construction, or expansion, and purchase of 15 passenger motor vehicles for replacement only, $2,235,708,000, to remain available until expended: Provided, That $35,000,000 of the unobligated balances originally available for Superconducting Super Collider termination activities shall be made available for other activities under this heading. nuclear waste disposal fund For nuclear waste disposal activities to carry out the purposes of Public Law 97-425, as amended, including the acquisition of real property or facility construction or expansion, $160,000,000, to remain available until expended, to be derived from the Nuclear Waste Fund; of which $4,000,000 shall be available to the Nuclear Regulatory Commission to license a multi-purpose canister design; and of which not to exceed $5,000,000 may be provided to affected local governments, as defined in Public Law 97-425, to conduct appropriate activities pursuant to the Act: Provided, That the distribution of the funds to the units of local government shall be determined by the Department of Energy: Provided further, That the funds shall be made available to the units of local government by direct payment: Provided further, That within ninety days of the completion of each Federal fiscal year, each local entity shall provide certification to the Department of Energy, that all funds expended from such payments have been expended for activities as defined in Public Law 97-425. Failure to provide such certification shall cause such entity to be prohibited from any further funding provided for similar activities: Provided further, That none of the funds herein appropriated may be: (1) used directly or indirectly to influence legislative action on any matter pending before Congress or a State legislature or for lobbying activity as provided in 18 U.S.C. 1913; (2) used for litigation expenses; or (3) used to support multistate efforts or other coalition building activities inconsistent with the restrictions contained in this Act: Provided further, That none of the funds provided herein shall be distributed to the State of Nevada by direct payment, grant, or other means, for financial assistance under section 116 of the Nuclear Waste Policy Act of 1982, as amended: Provided further, That the foregoing proviso shall not apply to payments in lieu of taxes under section 116(c)(3)(A) of the Nuclear Waste Policy Act of 1982, as amended. departmental administration For salaries and expenses of the Department of Energy necessary for departmental administration in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the hire of passenger motor vehicles and official reception and representation expenses (not to exceed $35,000), $218,747,000, to remain available until expended: Provided, That moneys received by the Department for miscellaneous revenues estimated to total $131,330,000 in fiscal year 1998 may be retained and used for operating expenses within this account, and may remain available until expended, as authorized by section 201 of Public Law 95-238, notwithstanding the provisions of 31 U.S.C. 3302: Provided further, That the sum herein appropriated shall be reduced by the amount of miscellaneous revenues received during fiscal year 1998 so as to result in a final fiscal year 1998 appropriation from the General Fund estimated at not more than $87,417,000. office of the inspector general For necessary expenses of the Office of the Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $27,500,000, to remain available until expended. Atomic Energy Defense Activities weapons activities For Department of Energy expenses, including the purchase, construction and acquisition of plant and capital equipment and other incidental expenses necessary for atomic energy defense weapons activities in carrying out the purposes of the Department of Energy Organization Act 42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion; and the purchase of passenger motor vehicles (not to exceed 70 for replacement only), $4,146,692,000, to remain available until expended: Provided, That funding for any ballistic missile defense program undertaken by the Department of Energy for the Department of Defense shall be provided by the Department of Defense according to procedures established for Work for Others by the Department of Energy. defense environmental restoration and waste management For Department of Energy Expenses, including the purchase, construction and acquisition of plant and capital equipment and other expenses necessary for atomic energy defense environmental restoration and waste management activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion; and the purchase of passenger motor vehicles (not to exceed 6 for replacement only), $4,429,438,000, to remain available until expended; and, in addition, $200,000,000 for privatization projects, to remain available until expended. defense facilities closure projects For expenses of the Department of Energy to accelerate the closure of defense environmental management sites, including the purchase, construction and acquisition of plant and capital equipment and other necessary expenses, $890,800,000, to remain available until expended. other defense activities For Department of Energy expenses, including the purchase, construction and acquisition of plant and capitalequipment and other expenses necessary for atomic energy defense, other defense activities, in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101, et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, and the purchase of passenger motor vehicles (not to exceed 2 for replacement only), $1,666,008,000, to remain available until expended. defense nuclear waste disposal For nuclear waste disposal activities to carry out the purposes of Public Law 97-425, as amended, including the acquisition of real property or facility construction or expansion, $190,000,000, to remain available until expended. Power Marketing Administrations operation and maintenance, alaska power administration For necessary expenses of operation and maintenance of projects in Alaska and of marketing electric power and energy, $3,500,000, to remain available until expended; and, in addition, $10,000,000 for capital assets acquisition, to remain available until expended. bonneville power administration fund Expenditures from the Bonneville Power Administration Fund, established pursuant to Public Law 93-454, are approved for the anadromous fish supplementation facilities in the Yakima River Basin, Methow River Basin and Upper Snake River Basin, for the Billy Shaw Reservoir resident fish substitution project, and for the resident trout fish culture facility in Southeast Idaho; and official reception and representation expenses in an amount not to exceed $3,000. During fiscal year 1998, no new direct loan obligation may be made. Operation and Maintenance, Southeastern Power Administration For necessary expenses of operation and maintenance of power transmission facilities and of marketing electric power and energy pursuant to the provisions of section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the southeastern power area, $12,222,000, to remain available until expended; in addition, notwithstanding 31 U.S.C. 3302, not to exceed $20,000,000 in reimbursement for transmission wheeling and ancillary services, to remain available until expended. operation and maintenance, southwestern power administration For necessary expenses of operation and maintenance of power transmission facilities and of marketing electric power and energy, and for construction and acquisition of transmission lines, substations and appurtenant facilities, and for administrative expenses, including official reception and representation expenses in an amount not to exceed $1,500 in carrying out the provisions of section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the southwestern power area, $25,210,000, to remain available until expended; in addition, notwithstanding the provisions of 31 U.S.C. 3302, not to exceed $4,650,000 in reimbursements, to remain available until expended. construction, rehabilitation, operation and maintenance, western area power administration (including transfer of funds) For carrying out the functions authorized by title III, section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7101 et seq.), and other related activities including conservation and renewable resources programs as authorized, including the replacement of not more than two helicopters through transfers, exchanges, or sale, and official reception and representation expenses in an amount not to exceed $1,500, $189,043,000, to remain available until expended, of which $182,806,000 shall be derived from the Department of the Interior Reclamation Fund: Provided, That of the amount herein appropriated, $5,592,000 is for deposit into the Utah Reclamation Mitigation and Conservation Account pursuant to title IV of the Reclamation Projects Authorization and Adjustment Act of 1992: Provided further, That the Secretary of theTreasury is authorized to transfer from the Colorado River Dam Fund to the Western Area Power Administration $5,592,000 to carry out the power marketing and transmission activities of the Boulder Canyon project as provided in section 104(a)(4) of the Hoover Power Plant Act of 1984, to remain available until expended. falcon and amistad operating and maintenance fund For operation, maintenance, and emergency costs for the hydroelectric facilities at the Falcon and Amistad Dams, $970,000, to remain available until expended, and to be derived from the Falcon and Amistad Operating and Maintenance Fund of the Western Area Power Administration, as provided in section 423 of the Foreign Relations Authorization Act, fiscal years 1994 and 1995. Federal Energy Regulatory Commission salaries and expenses For necessary expenses of the Federal Energy Regulatory Commission to carry out the provisions of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including services as authorized by 5 U.S.C. 3109, the hire of passenger motor vehicles, and official reception and representation expenses (not to exceed $3,000), $162,141,000, to remain available until expended: Provided, That notwithstanding any other provision of law, not to exceed $162,141,000 of revenues from fees and annual charges, and other services and collections in fiscal year 1998 shall be retained and used for necessary expenses in this account, and shall remain available until expended: Provided further, That the sum herein appropriated from the General Fund shall be reduced as revenues are received during fiscal year 1998 so as to result in a final fiscal year 1998 appropriation from the General Fund estimated at not more than $0. Department of Energy GENERAL PROVISIONS Sec. 301. (a) None of the funds appropriated by this Act or any prior appropriations Act may be used to award a management and operating contract unless such contract is awarded using competitive procedures or the Secretary of Energy grants, on a case-by-case basis, a waiver to allow for such a deviation. The Secretary may not delegate the authority to grant such a waiver. (b) At least 60 days before a contract award, amendment, or modification for which the Secretary intends to grant such a waiver, the Secretary shall submit to the Subcommittees on Energy and Water Development of the Committees on Appropriations of the House of Representatives and the Senate a report notifying the subcommittees of the waiver and setting forth the reasons for the waiver. Sec. 302. (a) None of the funds appropriated by this Act or any prior appropriations Act may be used to award, amend, or modify a contract in a manner that deviates from the Federal Acquisition Regulation, unless the Secretary of Energy grants, on a case-by-case basis, a waiver to allow for such a deviation. The Secretary may not delegate the authority to grant such a waiver. (b) At least 60 days before a contract award, amendment, or modification for which the Secretary intends to grant such a waiver, the Secretary shall submit to the Subcommittees on Energy and Water Development of the Committees on Appropriations of the House of Representatives and the Senate a report notifying the subcommittees of the waiver and setting forth the reasons for the waiver. Sec. 303. None of the funds appropriated by this Act or any prior appropriations Act may be used to-- (1) develop or implement a workforce restructuring plan that covers employees of the Department of Energy; or (2) provide enhanced severance payments or other benefits for employees of the Department of Energy; under section 3161 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2644; 42 U.S.C. 7274h). Sec. 304. None of the funds appropriated by this Act or any prior appropriations Act may be used to augment the $61,159,000 made available for obligation by this Act for severance payments and other benefits and community assistance grants under section 3161 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2644; 42 U.S.C. 7274h). Sec. 305. None of the funds appropriated by this Act or any prior appropriations Act may be used to prepare or initiate Requests For Proposals (RFPs) for a program if the program has not been funded by Congress. (transfers of unexpended balances) Sec. 306. The unexpended balances of prior appropriations provided for activities in this Act may be transferred to appropriation accounts for such activities established pursuant to this title. Balances so transferred may be merged with funds in the applicable established accounts and thereafter may be accounted for as one fund for the same time period as originally enacted. TITLE IV INDEPENDENT AGENCIES Appalachian Regional Commission For expenses necessary to carry out the programs authorized by the Appalachian Regional Development Act of 1965, as amended, notwithstanding section 405 of said Act, and for necessary expenses for the Federal Co-Chairman and the alternate on the Appalachian Regional Commission and for payment of the Federal share of the administrative expenses of the Commission, including services as authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles, $170,000,000, to remain available until expended. Defense Nuclear Facilities Safety Board salaries and expenses For necessary expenses of the Defense Nuclear Facilities Safety Board in carrying out activities authorized by the Atomic Energy Act of 1954, as amended by Public Law 100-456, section 1441, $17,000,000, to remain available until expended. Nuclear Regulatory Commission salaries and expenses (including transfer of funds) For necessary expenses of the Commission in carrying out the purposes of the Energy Reorganization Act of 1974, as amended, and the Atomic Energy Act of 1954, as amended, including the employment of aliens; services authorized by 5 U.S.C. 3109; publication and dissemination of atomic information; purchase, repair, and cleaning of uniforms; official representation expenses (not to exceed $20,000); reimbursements to the General Services Administration for security guard services; hire of passenger motor vehicles and aircraft, $468,000,000, to remain available until expended: Provided, That of the amount appropriated herein, $15,000,000 shall be derived from the Nuclear Waste Fund: Provided further, That from this appropriation, transfers of sums may be made to other agencies of the Government for the performance of the work for which this appropriation is made, and in such cases the sums so transferred may be merged with the appropriation to which transferred: Provided further, That moneys received by the Commission for the cooperative nuclear safety research program, services rendered to State governments, foreign governments and international organizations, and the material and information access authorization programs, including criminal history checks under section 149 of the Atomic Energy Act may be retained and used for salaries and expenses associated with those activities, notwithstanding 31 U.S.C. 3302, and shall remain available until expended: Provided further, That revenues from licensing fees, inspection services, and other services and collections estimated at $450,000,000 in fiscal year 1998 shall be retained and used for necessary salaries and expenses in this account, notwithstanding 31 U.S.C. 3302, and shall remain available until expended: Provided further, That $3,000,000 of the funds herein appropriated for regulatory reviews and other assistance provided to the Department of Energy and other Federal agencies shall be excluded from license fee revenues, notwithstanding 42 U.S.C. 2214: Provided further, That the sum herein appropriated shall be reduced by the amount of revenues received during fiscal year 1998 from licensing fees, inspection services and other services and collections, excluding those moneys received for the cooperative nuclear safety research program, services rendered to State governments, foreign governments and international organizations, and the material and information access authorization programs, so as to result in a final fiscal year 1998 appropriation estimated at not more than $18,000,000. Office of Inspector General (including transfer of funds) For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, including services authorized by 5 U.S.C. 3109, $4,800,000, to remain available until expended; and in addition, an amount not toexceed 5 percent of this sum may be transferred from Salaries and Expenses, Nuclear Regulatory Commission: Provided, That notice of such transfers shall be given to the Committees on Appropriations of the House of Representatives and Senate: Provided further, That from this appropriation, transfers of sums may be made to other agencies of the Government for the performance of the work for which this appropriation is made, and in such cases the sums so transferred may be merged with the appropriation to which transferred: Provided further, That revenues from licensing fees, inspection services, and other services and collections shall be retained and used for necessary salaries and expenses in this account, notwithstanding 31 U.S.C. 3302, and shall remain available until expended: Provided further, That the sum herein appropriated shall be reduced by the amount of revenues received during fiscal year 1998 from licensing fees, inspection services, and other services and collections, so as to result in a final fiscal year 1998 appropriation estimated at not more than $0. Nuclear Waste Technical Review Board salaries and expenses For necessary expenses of the Nuclear Waste Technical Review Board, as authorized by Public Law 100-203, section 5051, $2,600,000, to be derived from the Nuclear Waste Fund, and to remain available until expended. Tennessee Valley Authority For the purpose of carrying out the provisions of the Tennessee Valley Authority Act of 1933, as amended (16 U.S.C. Ch. 12A), including hire, maintenance, and operation of aircraft, and purchase and hire of passenger motor vehicles, $70,000,000, to remain available until expended, of which $6,900,000 shall be available for operation, maintenance, surveillance, and improvement of Land Between the Lakes; and for essential stewardship activities for which appropriations were provided to the Tennessee Valley Authority in Public Law 104-206, such sums as are necessary in fiscal year 1999 and thereafter, to be derived only from one or more of the following sources: nonpower fund balances and collections; investment returns of the nonpower program; applied programmatic savings in the power and nonpower programs; savings from the suspension of bonuses and awards; savings from reductions in memberships and contributions; increases in collections resulting from nonpower activities, including user fees; or increases in charges to private and public utilities both investor and cooperatively owned, as well as to direct load customers: Provided, That such funds are available to fund the stewardship activities under this paragraph, notwithstanding sections 11, 14, 15, 29, or other provisions of the Tennessee Valley Authority Act, as amended, or provisions of the TVA power bond covenants: Provided further, That the savings from, and revenue adjustments to, the TVA budget in fiscal year 1999 and thereafter shall be sufficient to fund the aforementioned stewardship activities such that the net spending authority and resulting outlays for these activities shall not exceed $0 in fiscal year 1999 and thereafter. TITLE V GENERAL PROVISIONS Sec. 501. None of the funds appropriated by this Act may be used in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate to Members of Congress as described in section 1913 of title 18, United States Code. Sec. 502. (a) Purchase of American-Made Equipment and Products.--It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available in this Act should be American-made. (b) Notice Requirement.--In providing financial assistance to, or entering into any contract with, any entity using funds made available in this Act, the head of each Federal agency, to the greatest extent practicable, shall provide to such entity a notice describing the statement made in subsection (a) by the Congress. (c) Prohibition of Contracts With Persons Falsely Labeling Products as Made in America.--If it has been finally determined by a court or Federal agency that any person intentionally affixed a label bearing a ``Made in America'' inscription, or any inscription with the same meaning, to any product sold in or shipped to the United States that is not made in the United States, the person shall be ineligible to receive any contract or subcontract made with funds made available in this Act, pursuant to the debarment, suspension, and ineligibility procedures described in sections 9.400 through 9.409 of title 48, Code of Federal Regulations. Sec. 503. None of the funds made available in this Act may be provided by contract or by grant (including a grant of funds to be available for student aid) to any institution of higher education, or subelement thereof, that is currently ineligible for contracts and grants pursuant to section 514 of the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1997 (as contained in section 101(e) of division A of Public law 104- 208; 110 Stat. 3009-270). Sec. 504. None of the funds made available in this Act may be obligated or expended to enter into or renew a contract with a contractor that is subject to the reporting requirement set forth in subsection (d) of section 4212 of title 38, United States Code, but has not submitted the most recent report required by such subsection. Sec. 505. None of the funds made available in this Act to pay the salary of any officer or employee of the Department of the Interior may be used for the Animas-La Plata Project, in Colorado and New Mexico, except for: (1) activities required to comply with the applicable provisions of current law; and (2) continuation of activities pursuant to the Colorado Ute Indian Water Rights Settlement Act of 1988 (Public Law 100-585). Sec. 506. Section 1621 of title XVI of the Reclamation Wastewater and Groundwater Act, Public Law 104-266, is amended by-- (1) striking ``study'' in the section title and in subsection (a), and inserting ``project'' into the title and in subsection (a); (2) inserting in subsection (a) ``planning, design, and construction of the'' following ``to participate in the''; and (3) inserting in subsection (a) ``and nonpotable surface water'' following ``impaired ground water''. Sec. 507. Section 1208(a)(2) of the Yavapai-Prescott Indian Treaty Settlement Act of 1994 (Public Law 103-434) is amended by striking ``$4,000,000 for construction'' and inserting in lieu thereof ``$13,000,000, at 1997 prices, for construction plus or minus such amounts as may be justified by reason of ordinary fluctuations of applicable cost indexes''. Sec. 508. (a) The State of West Virginia shall receive credit towards its required contribution under Contract No. DACW59-C-0071 for the cost of recreational facilities to be constructed by a joint venture of the State in cooperation with private interests for recreation development at Stonewall Jackson Lake, West Virginia, except that the State shall receive no credit for costs associated with golf course development and the amount of the credit may not exceed the amount owed by State under the Contract. (b) The Corps of Engineers shall revise both the 1977 recreation cost-sharing agreement and the Park and Recreation Lease dated October 2, 1995 to remove the requirement that such recreation facilities are to be owned by the Government at the time of their completion as contained in Article 2-06 of the cost-sharing agreement and Article 36 of the lease. (c) Nothing in this section shall reduce the amount of funds owed the United States Government pursuant to the 1977 recreation cost-sharing agreement. Sec. 509. Amounts to be transferred to the Department of Energy by the United States Enrichment Corporation (USEC) pursuant to this section shall be retained and used for the specific purpose of development and demonstration of AVLIS technology for uranium enrichment: Provided, That, notwithstanding section 1605 of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2297e-4), USEC shall transfer to the Department such sums as are necessary in fiscal year 1998 for AVLIS demonstration and development activities to be derived only from one or more of the following sources: savings from adjustments in the level of inventories; savings from reductions in capital and operating costs; savings from reductions in power costs including savings from increased use of off-peak power; or savings from adjustments in the amount of purchases: Provided further, That the savings from such reductions and adjustments in the amounts paid by USEC in fiscal year 1998 shall be sufficient to fund the aforementioned AVLIS demonstration and development activities such that the net spending authority and resulting outlays for these activities shall not exceed $0 in fiscal year 1998 and thereafter: Provided further, That, prior to transferring funds to the Department for AVLIS activities pursuant to this section, the Chief Financial Officer of USEC shall submit to the Committees on Appropriations of the House of Representatives and Senate an itemized listing of the amounts of the reductions made pursuant to this section to fund the proposed transfer: Provided further, That, by November 1, 1998, the Chief Financial Officer of USEC shall submit to the Committees on Appropriations of the House of Representatives and Senate an itemized listing of the amounts of the reductions made pursuant to this section for fiscal year 1998: Provided further, That the provisions in this section related to the transfer to and use by the Department of funds for AVLIS demonstration and development activities shall expire as of the privatization date for USEC, as defined in Section 3102 of the USEC Privatization Act (42 U.S.C. 2297h), and the total amount obligated by the Department pursuant to this section for AVLIS demonstration and development activities shall not exceed $60,000,000. Sec. 510. (a) None of the funds appropriated or otherwise made available by this Act may be used to determine the final point of discharge for the interceptor drain for the San Luis Unit until development by the Secretary of the Interior and the State of California of a plan, which shall conform to the water quality standards of the State of California as approved by the Administrator of the Environmental Protection Agency, to minimize any detrimental effect of the San Luis drainage waters. (b) The costs of the Kesterson Reservoir Cleanup Program and the costs of the San Joaquin Valley Drainage Program shall be classified by the Secretary of the Interior as reimbursable or nonreimbursable and collected until fully repaid pursuant to the ``Cleanup Program--Alternative Repayment Plan'' and the ``SJVDP--Alternative Repayment Plan'' described in the report entitled ``Repayment Report, Kesterson Reservoir Cleanup Program and San Joaquin Valley Drainage Program, February 1995'', prepared by the Department of the Interior, Bureau of Reclamation. Any future obligations of funds by the United States relating to, or providing for, drainage service or drainage studies for the San Luis Unit shall be fully reimbursable by San Luis Unit beneficiaries of such service or studies pursuant to Federal Reclamation law. Sec. 511. Maintenance of Security at the Gaseous Diffusion Plants.--Section 3107 of the USEC Privatization Act (42 U.S.C. 2297h-5) is amended by adding at the end the following: ``(h) Maintenance of Security.-- ``(1) In general.--With respect to the Paducah Gaseous Diffusion Plant, Kentucky, and the Portsmouth Gaseous Diffusion Plant, Ohio, the guidelines relating to the authority of the Department of Energy's contractors (including any Federal agency, or private entity operating a gaseous diffusion plant under a contract or lease with the Department of Energy) and any subcontractor (at any tier) to carry firearms and make arrests in providing security at Federal installations, issued under section 161k. of the Atomic Energy Act of 1954 (42 U.S.C. 2201k.) shall require, at a minimum, the presence of an adequate number of security guards carrying sidearms at all times to ensure maintenance of security at the gaseous diffusion plants (whether a gaseous diffusion plant is operated directly by a Federal agency or by a private entity under a contract or lease with a Federal agency). Sec. 512. None of the funds made available in this or any other Act may be used to restart the High Flux Beam Reactor. This Act may be cited as the ``Energy and Water Development Appropriations Act, 1998''. And the Senate agree to the same. Joseph McDade, Harold Rogers, Joe Knollenberg, R.P. Frelinghuysen, Mike Parker, Sonny Callahan, Jay Dickey, Bob Livingston, Vic Fazio, Peter J. Visclosky, Chet Edwards, Ed Pastor, David R. Obey, Managers on the Part of the House. Pete V. Domenici, Thad Cochran, Slade Gorton, Mitch McConnell, Robert F. Bennett, Conrad Burns, Larry Craig, Ted Stevens, Harry Reid, Robert C. Byrd, Fritz Hollings, Patty Murray, Herb Kohl, Byron L. Dorgan, Daniel K. Inouye, Managers on the Part of the Senate. JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE The managers on the part of the House and the Senate at the conference on the disagreeing votes of the two Houses on the amendment of the Senate to the bill (H.R. 2203) making appropriations for energy and water development for the fiscal year ending September 30, 1998, and for other purposes, submit the following joint statement to the House and the Senate in explanation of the effects of the action agreed upon by the managers and recommended in the accompanying conference report. The language and allocations set forth in House Report 105-190 and Senate Report 105-44 should be complied with unless specifically addressed to the contrary in the conference report and statement of the managers. Report language included by the House which is not contradicted by the report of the Senate or the conference, and Senate report language which is not contradicted by the report of the House or the conference is approved by the committee of conference. The statement of the managers, while repeating some report language for emphasis, does not intend to negate the language referred to above unless expressly provided herein. In cases where both the House report and Senate report address a particular issue not specifically addressed in the conference report or joint statement of managers, the conferees have determined that the House and Senate reports are not inconsistent and are to be interpreted accordingly. In cases in which the House or Senate have directed the submission of a report, such report is to be submitted to both House and Senate Committees on Appropriations. Senate amendment: The Senate deleted the entire House bill after the enacting clause and inserted the Senate bill. The conference agreement includes a revised bill. TITLE I DEPARTMENT OF DEFENSE--CIVIL The summary tables at the end of this title set forth the conference agreement with respect to the individual appropriations, programs, and activities of the Corps of Engineers. Additional items of conference agreement are discussed below. DEPARTMENT OF THE ARMY Corps of Engineers--Civil general investigations The conference agreement appropriates $156,804,000 for General Investigations instead of $157,260,000 as proposed by the House and $164,065,000 as proposed by the Senate. The conference agreement includes $100,000 for the Corps of Engineers to undertake a reconnaissance study of the need for navigational improvements on the Mobile, Tombigbee, and Black Warrior Rivers in accordance with the resolution (Docket #2512) adopted on May 7, 1997, by the Committee on Transportation and Infrastructure of the House of Representatives. The conferees have provided an additional $200,000 for the Corps of Engineers to accelerate work on the feasibility study for the development of a comprehensive basin management plan for navigation, including recreational navigation, environmental restoration, and water quality for the Dog River, Alabama, watershed. The conference agreement includes $270,000 for the Newport Bay Harbor, California, study, the same as the budget request. Within the funds provided, $100,000 is for the Corps of Engineers to undertake a reconnaissance study for management of the Newport Bay/San Diego Creek Watershed in the interest of environmental preservation and restoration, water quality and sediment control, and the avoidance or minimization of undesirable impacts resulting from urbanization and other present and future watershed activities. The conferees have provided $40,000 for completion of the feasibility study for navigational improvements at Port Hueneme in California, the same as the budget request. Federal interest recommendations for channel improvements shall be based on the potential for future shipping operations at the port. The conference agreement includes $100,000 for the Corps of Engineers to initiate a reconnaissance study of options for increased flood protection along the Toulumne River and its tributaries. The conferees direct the Secretary of the Army to use the $600,000 provided for the Truckee Meadows, Reno, Nevada, project authorized by Section 3(a)(10) of the Water Resources Development Act of 1988 to resume preconstruction engineering and design incorporating recent data from the 1996/1997 flooding event. The conference agreement includes $200,000 for the Corps of Engineers to participate in the development of Special Area Management Plans in Orange and San Diego Counties, California, as described in the House report. The conference agreement includes $500,000 for the Corps of Engineers to modify the Lower West Branch Susquehanna River Basin Environmental Restoration, Pennsylvania, reconnaissance study to address the wide range of complex water resources problems in the large study area which includes Clinton, Northumberland, Lycoming, Sullivan, Tioga, and Union Counties, Pennsylvania and, as requested, to negotiate separate feasibility study agreements with state, county, and other public interests for subwatersheds within the river basin. The conference agreement includes $500,000 as proposed by the Senate for a study of the Grand Neosho River basin in Oklahoma as proposed by the Senate. The conferees have agreed to move the funds for this effort to the Operation and Maintenance, General account. The conferees agree that funds provided for the Lower Platte River and Tributaries, Nebraska, study should also be used to conduct studies authorized by Section 503(d)(11) of the Water Resources Development Act of 1996. For the Lower Potomac Estuary Watershed, Virginia and Maryland, study, the conferees expect the Corps of Engineers to negotiate separate feasibility study cost-sharing agreements with state and local interests in Virginia and Maryland for individual sub-basins within the watershed. The conference agreement includes $8,500,000 for Coordination Studies With Other Agencies. Within the funds provided, the conferees urge the Corps of Engineers to work with the Riverside County, California, Flood Control and Water Conservation District to complete the floodplain maintenance plan for Murrieta Creek and to participate in the development of Special Area Management Plans in southern California in coordination with the State of California Natural Community Conservation Planning Program. In addition, the amount provided includes $400,000 for the Pacific Northwest forest case study as described in the Senate report. The conference agreement includes $32,000,000 for the Corps of Engineers Research and Development program instead of $27,000,000 as proposed by the House and $37,000,000 as proposed by the Senate. The amount provided includes $2,000,000 for the development of strategies for the control of zebra mussels and the full budget request for the CFIRMS program. The conferees have included language in the bill earmarking funds for the following projects in the amounts specified: Delaware Bay Coastline, Delaware and New Jersey, $456,000; Tampa Harbor, Alafia Channel, Florida, $270,000; Laulaulei, Hawaii, $200,000; Barnegat Inlet to Little Egg Harbor Inlet, New Jersey, $400,000; Brigantine Inlet to Great Egg Harbor Inlet, New Jersey, $472,000; Great Egg Harbor Inlet to Townsends Inlet, New Jersey, $400,000; Lower Cape May Meadows--Cape May Point, New Jersey, $154,000; Manasquan Inlet to Barnegat Inlet, New Jersey, $400,000; Raritan Bay to Sandy Hook Bay (Cliffwood Beach), New Jersey $300,000; Townsends Inlet to Cape May Inlet, New Jersey, $500,000; and Monongahela River, Fairmont, West Virginia, $350,000. The conference agreement deletes funds earmarked in the Senate bill for the Norco Bluffs, California, project. This project has been funded in the Construction, General, account. The conference agreement deletes language contained in the Senate bill providing funds for the Tahoe Basin study in California and Nevada. The amount appropriated for General Investigations includes $750,000 for this project. The conference agreement also deletes language contained in the Senate bill providing funds for preconstruction engineering and design for the Delaware Coast from Cape Henlopen to Fenwick Island, Delaware, project. The amount appropriated for General Investigations includes $300,000 for preconstruction engineering and design of the project. The conference agreement includes language proposed by the House which directs the Corps of Engineers to initiate feasibility phase studies of extending commercial navigation on the Red River upstream of Shreveport-Bossier, Louisiana, into southwest Arkansas using previously appropriated funds and language proposed by the House which directs the Corps of Engineers to initiate feasibility phase studies for the Metropolitan Louisville, Southwest, Kentucky, study. The conferees have also included language in the bill directing the Corps of Engineers to use $150,000 to implement Section 211(f)(8) of the Water Resources Development Act of 1996 and to reimburse the non-Federal sponsor a portion of the Federal share of project costs for the White Oak Bayou, Texas, project, and language directing the Corps of Engineers to use $500,000 to implement Section 211(f)(7) of the Water Resources Development Act of 1996 and to reimburse the non-Federal sponsor a portion of the Federal share of project costs for the Hunting Bayou, Texas, project. Construction, General The conference agreement appropriates $1,473,373,000 for Construction, General, instead of $1,475,892,000 as proposed by the House and $1,284,266,000 as proposed by the Senate. The conferees agree with the language in the Senate report regarding the Faulkner's Island, Connecticut, project. The Secretary of the Army is directed to use $600,000 of available funds to plan and implement a flood warning system for Reno, Nevada, using, to the maximum extent possible, work of non-Federal entities. The conference agreement includes $1,140,000 for the Canaveral Harbor Deepening, Florida, project. The funds provided include $640,000 to reimburse the local sponsor for the Federal share of revetment work completed by the sponsor and $500,000 for widening of the entrance channel. With the funds provided for the East Rockaway Inlet to Rockaway Inlet and Jamaica Bay, New York, project the conferees direct the Corps of Engineers to initiate a reevaluation report to identify more cost-effective measures of providing storm damage protection for the project. In conducting the reevaluation, the Corps should include consideration of using dredged material from maintenance dredging of East Rockaway Inlet and should also investigate the potential for ecosystem restoration within the project area. Within the funds provided for the Chesapeake Bay Environmental Restoration and Protection Program, the conferees expect the Corps of Engineers to give priority to projects that protect the environmental, historic, and cultural resources of Smith Island, Maryland and Virginia. The conference agreement provides funding for small boat harbor projects at Knife River, McQuade Road (Duluth), Taconite Harbor, and Two Harbors, Minnesota. Each of these projects is fully authorized. By providing funding for these projects, the conferees intend that these badly needed projects proceed expeditiously, and direct the Secretary of the Army to expedite the consideration and construction of these projects. In addition, the Secretary is to preserve scarce Federal, state, and local resources by utilizing a flexible approach in pursuing these projects. The managers are aware that, in the construction of another small boat harbor at Silver Bay, a cooperative effort with state and local interests allowed for the swift and satisfactory completion of the project. The managers direct the Secretary to employ similar procedures, including using existing feasibility and other study documents and designs prepared by the State of Minnesota, and to construct the project in cooperation with the state. The conference agreement includes $3,100,000 for the Corps of Engineers to complete planning engineering and design and initiate construction of the Lower Basin and Stony Brook portions of the Raritan River Basin, Green Brook Sub-Basin, New Jersey, project. Within the funds provided, $100,000 shall be used to reevaluate alternative plans for the Upper Basin portion of the project. Language has been included under General Provisions, Corps of Engineers--Civil, which provides that no funds made available in this Act or any other Act for any fiscal year may be utilized by the Secretary of the Army to construct the Oak Way detention structure or the Sky Top detention structure in Berkeley Heights, New Jersey, as part of the project for flood control. The conference agreement includes $95,000,000 for the Columbia River Juvenile Fish Mitigation program in Washington, Oregon, and Idaho instead of $85,000,000 as proposed by the House and $117,000,000 as proposed by the Senate. The conferees note that the budget request for this program appeared to reflect the pursuit of multiple restoration strategies. Some of these may not be adopted, rendering expensive measures obsolete. The conferees request the Northwest Power Planning Council, with assistance from the Independent Scientific Advisory Board (to the extent that the Board feels it can participate without compromising its primary function), established jointly with the National Marine Fisheries Service, to conduct a review of the major fish mitigation capital construction activities proposed for implementation at the Federal dams in the Columbia River Basin including those called for in the 1995 Biological Opinion of the National Marine Fisheries Service regarding the Snake River salmon. The review shall be completed by June 30, 1998. Upon completion of the review, the Corps of Engineers shall seek regional recommendations, as provided by the Bonneville Power Administration Fish and Wildlife Budget Memorandum of Agreement dated September 16, 1996, on implementing the recommendations contained in the review. In addition, the findings of the review shall be supplied to the House and Senate Appropriations Committees. The conference agreement includes a total of $58,267,000 for the Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River project. In addition to the amounts in the budget request, the conference agreement includes: $26,390,000 for the Harlan, Williamsburg, and Middlesboro, Kentucky, elements; $5,300,000 for the Pike County, Kentucky, element; $5,000,000 for the Martin County, Kentucky, element; $700,000 for the Town of Martin, Kentucky, element; $500,000 for a Detailed Project Report for the Buchanan County, Virginia, element; $1,000,000 for the Hatfield Bottom, West Virginia, element; $6,300,000 for the Lower Mingo (Kermit), West Virginia, element; $150,000 for a Detailed Project Report for the Lower Mingo, West Virginia, element; $3,000,000 for the Upper Mingo, West Virginia, element; $1,200,000 for the Wayne County, West Virginia, element; $400,000 for a flood warning system for the Levisa Basin; and $400,000 for a flood warning system for the Tug Fork Basin. In addition, the conferees are aware of the flood situation at Haysi Dam and urge the Corps of Engineers to reevaluate the benefit-cost analysis and provide to the Committees on Appropriations of the House and the Senate a report on the Haysi Dam, Virginia, element of the project prior to submission of the fiscal year 1999 budget. The conference agreement also deletes language proposed by the Senate which provided that flood warning systems for the Tug Fork and Levisa Basins would be undertaken at full Federal expense. Using $463,000 of the funds provided for the LaFarge Lake and Kickapoo River, Wisconsin, project, the Corps of Engineers is directed to complete the Memorandum of Understanding between the Ho-Chunk Nation and the State of Wisconsin, evaluate a conservation easement, covenant, or other appropriate legal instrument for the protection of archeological resources at the site, start processing real estate documents for future land transfers, and continue coordination activities as authorized by the Water Resources Development Act of 1996. The remaining $250,000 is for planning and engineering of the highway relocations and to complete required NEPA documentation as authorized. The conference agreement includes $40,000,000 for the Section 205 program. Using those funds, the Corps of Engineers is directed to proceed with the projects described in the House and Senate reports. For the Lake Carl Blackwell project in Oklahoma, the Corps of Engineers may use available funds to proceed with plans and specifications for the project. In addition, the Corps of Engineers is directed to proceed with studies of flooding problems along Dry Creek in Cortland County, New York, and the Lamoille and Missisquoi Rivers in Vermont. The conferees agree that the Huntsville Spring Branch, Alabama, project funded by the House under Section 206 of the Water Resources Development Act of 1996 should proceed as a small flood control project under the Section 205 program. The conferees also agree that the Reno, Nevada, project and the Lycoming County, Pennsylvania, project should proceed under the Section 205 program. The conference agreement includes $11,000,000 for the Section 14 program. Using those funds, the Corps of Engineers is directed to proceed with the projects described in the House and Senate reports. The conference agreement includes $3,000,000 for the Section 103 program. Using those funds, the Corps of Engineers is directed to proceed with the projects described in the House report. The conference agreement includes $11,400,000 for the Section 107 program. Using those funds, the Corps of Engineers is directed to proceed with the projects described in the House and Senate reports. The conference agreement includes $2,000,000 for the Section 208 program. Using those funds, the Corps of Engineers is directed to proceed with the projects described in the House report. The aquatic restoration project at Hamilton Army Airfield in Marin County, California, funded under the Section 204 program by the House has been funded under the General Investigations account. The conference agreement includes $21,175,000 for the Section 1135 program. Using those funds, the Corps of Engineers is directed to proceed with the projects described in the House and Senate reports. The conference agreement includes $6,000,000 for the Section 206 program. Using those funds, the Corps of Engineers is directed to proceed with the projects described in the House and the Senate reports. In addition, the Corps of Engineers is directed to proceed with a project to restore environmental resources along Cache Creek in California. Abandoned gravel pits along the lower Cache Creek corridor would be used to restore seasonal and permanent wetlands and riparian habitat. The conferees have included language in the bill earmarking funds for the following projects in the amounts specified: Arkansas River, Tucker Creek, Arkansas, $300,000; Norco Bluffs, California, $1,000,000; San Timoteo Creek (Santa Ana River Mainstem), California, $5,000,000; Panama City Beaches, Florida, $5,000,000; Tybee Island, Georgia, $2,000,000; Indianapolis Central Waterfront, Indiana $5,000,000; Indiana Shoreline Erosion, Indiana, $3,000,000; Lake George, Hobart, Indiana, $3,500,000; Ohio River Flood Protection, Indiana $1,300,000; Harlan, Williamsburg, and Middlesboro (Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River), Kentucky, $26,390,000; Martin County (Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River), Kentucky, $5,000,000; Pike County (Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River), Kentucky, $5,300,000; Town of Martin (Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River), Kentucky, $700,000; Levisa Basin Flood Warning System (Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River), Kentucky and Virginia, $400,000; Salyersville, Kentucky, $2,050,000; Southern and Eastern Kentucky, Kentucky, $3,000,000; Lake Pontchartrain and Vicinity (Hurricane Protection), Louisiana, $22,920,000; Lake Pontchartrain Stormwater Discharge, Louisiana, $3,000,000; Jackson County, Mississippi, $3,000,000; Natchez Bluff, Mississippi, $4,000,000; Pearl River (Walkiah Bluff), Mississippi, $2,000,000; Joseph G. Minish Passaic River Park, New Jersey, $3,000,000; Hudson River, Athens, New York, $8,700,000; Lackawanna River, Olyphant, Pennsylvania, $1,400,000; Lackawanna River, Scranton, Pennsylvania, $5,425,000; Lycoming County, Pennsylvania, $339,000; South Central Pennsylvania Environment Improvement Program, Pennsylvania, $30,000,000; Wallisville Lake, Texas, $9,200,000; Virginia Beach, Virginia (Reimbursement), $925,000; Virginia Beach (Hurricane Protection), Virginia, $13,000,000; West Virginia and Pennsylvania Flood Control, West Virginia and Pennsylvania $3,000,000; Hatfield Bottom (Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River), West Virginia, $1,000,000; Lower Mingo (Kermit) (Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River), West Virginia, $6,300,000; Lower Mingo Tributaries Supplement (Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River), West Virginia, $150,000; Upper Mingo County (Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River), West Virginia, $3,000,000; Tug Fork Basin Flood Warning System (Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River), West Virginia, $400,000; and Wayne County (Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River), West Virginia, $1,200,000. For the South Central Pennsylvania Infrastructure Program, within the $10,000,000 provided for water-related environmental infrastructure and resource protection and development projects in Lackawanna, Lycoming, Susquehanna, Wyoming, Pike, and Monroe Counties in Pennsylvania, $1,000,000 is for Olyphant Borough, Lackawanna County; $1,000,000 is for Jefferson Township, Lackawanna County; $2,000,000 is for Scott Township Water and Sewer Authority, Lackawanna County; $2,850,000 is for Westfall Municipal Sewage Authority, Pike County; $800,000 is for the Township of Tobyhanna Sewer Authority, Monroe County; $750,0000 is for Thompson Borough, Susquehanna County; $900,000 is for Old Lycoming Township Sewer Authority, Lycoming County; and $700,000 is for Lycoming County Water and Sewer Authority for a public sewer extension in Armstrong Township, Lycoming County. The conference agreement includes language in the bill directing the Secretary of the Army to: use $225,000 to undertake repairs to the flume and conduit at Hagerman's Run for the flood control project at Williamsport, Pennsylvania; proceed with design and construction of the Southeast Louisiana, Louisiana, project using continuing contracts consistent with the limit of the authorized appropriation ceiling; incorporate the economic analyses for the Green Ridge and Plot Sections of the Lackawanna River, Scranton, Pennsylvania, project with the analysis for the Albright Street section of the project and cost-share and implement the combined sections as single project; combine three separate navigation improvements projects in Wilmington Harbor, North Carolina, into a single project; to use $20,000,000 to initiate construction of the Houston-Galveston Navigation Channels, Texas, project and execute a Project Cooperation Agreement for the entire authorized project. The conferees are aware that the U.S. Army Corps of Engineers has determined, pursuant to the requirements of Section 533(d) of the Water Resources Development Act of 1996, that additional work to be carried out on the Southeast Louisiana, Louisiana, project with funds in excess of the amount authorized to be appropriated in Section 533(c) of said Act is technically sound, environmentally acceptable, and economic. Therefore, the conferees direct the Corps of Engineers to proceed immediately with design and construction of the entire Southeast Louisiana project. The conference agreement also includes language that increases the appropriation ceiling for the Rillito River, Arizona, project and language that provides $5,000,000 for the Corps of Engineers to initiate construction of an emergency outlet from Devils Lake, North Dakota, to the Sheyenne River subject to a number of conditions. The Senate language has been amended to make technical corrections regarding the designation of the project as an emergency. The conference agreement deletes funds earmarked in the House bill for the Flint River, Michigan, project. The project has been funded in the Operation and Maintenance, General account. The conference agreement deletes language contained in the Senate bill earmarking funds for the Red River Emergency Bank Protection, Arkansas, project. The conferees direct the Secretary of the Army to consider the recommendation of the Special Reevaluation Report for the McCook Reservoir, Illinois, project as developed by the Corps of Engineers Chicago District. The conference agreement deletes language contained in the Senate bill regarding this issue. The conference agreement also includes bill language directing the Secretary of the Army to use $2,000,000 to implement Section 211(f)(6) of the Water Resources Development Act of 1996 and to reimburse the non-Federal sponsor for a portion of the Federal share of the project costs for the Brays Bayou, Texas, project. In light of the current budgetary situation, the conferees are concerned with the funding implications associated with any projects which the Secretary of the Army approves for construction by non-Federal sponsors under reimbursement authorities, such as Section 211 of the Water Resources Development Act of 1996. The conferees are particularly concerned with the ability to provide funding for reimbursement agreements while trying to meet the funding demands for ongoing Federal construction projects nationwide. Therefore, the conferees direct the Secretary of the Army to notify the Committees on Appropriations of the House and the Senate prior to initiating negotiations for a reimbursement agreement for construction of any project. Such notification shall include the total commitment and the annual requirements that the Administration proposes to support in future budget submissions. The conferees urge the Secretary to reimburse a non-Federal sponsor for applicable costs only after the Secretary and the non-Federal sponsor have entered into a formal written agreement specifying the terms and conditions for the reimbursement. Given the need to establish a disciplined and orderly schedule for reimbursements, the conferees expect that the terms of the agreement will specify that reimbursements for the Federal share of project costs will be provided on an incremental basis in accordance with the terms of the agreement and on a schedule that would be consistent with a Federal construction schedule. In addition, in recognition of the need to protect the Federal interest, the conferees suggest that the Secretary include a provision in the agreement that will allow the Secretary to withhold scheduled reimbursements to the non-Federal sponsor or require the non- Federal sponsor to remit previously received reimbursements in the event that the sponsor fails to complete the entire project or a separable element of the project. Flood Control, Mississippi River and Tributaries, Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri, and Tennessee The conference agreement appropriates $296,212,000 for Flood Control, Mississippi River and Tributaries instead of $285,450,000 as proposed by the House and $289,000,000 as proposed by the Senate. The conference agreement provides $31,000,000 for the Mississippi River Levees element of the Mississippi River and Tributaries project. The increase over the budget request shall be used to bring mainline levees up to grade as described in the House report and to advance construction of the Commerce to Birds Point levee in Missouri. The conference agreement includes $900,000 with which the Corps of Engineers is directed to complete preconstruction engineering and design and initiate construction for the Louisiana State Penitentiary Levee project. The conferees expect the Corps of Engineers to expedite work on East Goose Creek in Oxford, Mississippi, under the Yazoo Basin Demonstration Erosion Control Program. The conference agreement includes language proposed by the Senate authorizing and directing the Corps of Engineers to use funds appropriated in this Act or previously appropriated funds to complete remedial measures to prevent slope instability at Hickman Bluff, Kentucky. The conference agreement includes language which directs the Secretary of the Army to use up to $4,000,000, including $1,900,000 appropriated in this Act, to dredge Sardis Lake, Mississippi, at full Federal expense, and which directs the Secretary of the Army to conduct, at full Federal expense, the necessary environmental assessment and impact studies for the initial components of Sardis Lake development. Operation and Maintenance, General The conference agreement appropriates $1,740,025,000 for Operation and Maintenance, General, instead of $1,726,955,000 as proposed by the House and $1,661,203,000 as proposed by the Senate. The conferees have provided an additional $150,000 under the McNary Lock and Dam project in Oregon and Washington for the Corps of Engineers to address questions and concerns raised in litigation associated with the Kennewick Man skeleton, ancient remains found at Columbia Park on the Columbia River near Kennewick, Washington. The additional funds will allow the Corps to continue to store the remains in a manner that preserves their scientific, historic, and cultural value, address questions regarding testing of material, conduct site evaluations, and acquire expert services. The conferees agree with the language in the Senate report regarding the Charleston Harbor, South Carolina, project. The conference agreement includes $400,000 for the Corps of Engineers to proceed with the Corpus Christi Ship Channel, Rincon Canal System, Texas, project as authorized by Section 509 of the Water Resources Development Act of 1996. For the Green Bay Harbor, Wisconsin, diked disposal project, the conferees expect the Corps of Engineers to use the funds provided to expand the existing Section 123 facility at Bay Port using the local and state approved designs. Further, the conferees intend the Bay Port expansion to be funded using the funding arrangements specified in Section 201 of the Water Resources Development Act of 1996. The attention of the Corps of Engineers is directed to the following projects in need of maintenance or review: Alabama-Coosa River navigation system; Brunswick Harbor, Georgia; and Little and Murrells Inlets in South Carolina. The conference agreement includes language in the bill earmarking funds for the following projects in the amounts specified: Anclote River, Florida, $1,500,000; Beverly Shores, Indiana, $1,700,000; Boston Harbor, Massachusetts, $16,500,000; Flint River, Michigan, $875,000; and Raystown Lake, Pennsylvania, $4,690,000. The conference agreement includes an additional $2,170,000 for the Raystown Lake, Pennsylvania, project for the Corps of Engineers to implement recommendations of the 1992 update of the project Master Plan and for continued operation and maintenance of project facilities. The conference agreement includes language proposed by the House directing the Corps of Engineers to reimburse the local sponsor for the Fort Myers Beach, Florida, project for maintenance dredging performed by the local sponsor using previously appropriated funds. The conference agreement includes language proposed by the Senate which provides that none of the funds appropriated in the Act shall be used for the purpose of acquiring land in Jasper County, South Carolina, in connection with the Savannah Harbor navigation project and language proposed by the Senate authorizing and directing the Corps of Engineers to dredge a navigation channel in the Chena River at Fairbanks, Alaska. Language has been included in the bill which directs the Secretary of the Army to use $6,000,000 of the funds appropriated in the Act to extend the navigation channel on the Allegheny River project to provide passenger boat access to the Kittanning, Pennsylvania, Riverfront Park. The conference agreement includes language in the bill directing the Corps of Engineers to use $2,500,000 to implement measures upstream of Lake Cumberland in Kentucky to intercept and dispose of solid waste. The conferees expect the Corps of Engineers to proceed with this measure in a manner that is economically feasible and in accordance with applicable laws. regulatory program The conference agreement appropriates $106,000,000 for the Regulatory Program as proposed by the Senate instead of $112,000,000 as proposed by the House. The conferees expect that the increase provided over the amount appropriated in fiscal year 1997 will be used to begin implementation of an administrative appeals process for the Corps of Engineers Regulatory Program. Not later than 30 days after the date of enactment of this Act, the Secretary of the Army, acting through the Chief of Engineers, is urged to make a final decision with respect to the permits applied for under permit application number 95-2- 00970 for the replacement of the existing 350-foot wood dock with a 400-foot concrete extension of the existing Terminal 5 dock (including associated dredging and filling) in the West Waterway of the Duwamish River in Seattle, Washington. The Secretary shall not reject that application on the basis of any claim of Indian treaty rights, but shall leave any question with respect to such rights to be determined in the course of judicial review of his action on the same basis as any other permit under Section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344). flood control and coastal emergencies The conference agreement appropriates $4,000,000 for Flood Control and Coastal Emergencies instead of $14,000,000 as proposed by the House and $10,000,000 as proposed by the Senate. The conferees have agreed to include the language proposed by the Senate directing that construction of the Ten and Fifteen Mile Bayou channel enlargement project be considered as an integral part of the St. Francis Basin, Arkansas and Missouri, project under the Mississippi River and Tributaries account. The conferees are concerned that funding provided by PL 105-18, the Emergency Supplemental Appropriations Act of 1997, is not being vigorously applied to necessary repairs and projects resulting from the disaster events of 1996 and 1997 because of an overly restrictive interpretation of PL 84-99 by the Corps of Engineers. For example, the Corps of Engineers has determined that many of the levees in the Sacramento and San Joaquin River Basins, California, which were affected by this year's catastrophic flood, are ineligible for repair and rehabilitation with Flood Control and Coastal Emergency funds due to conditions which are considered to have existed before the flood. In addition, some projects have been rejected by not considering the economic benefits to the system as a whole. Problems across the country are similar, where the Corps has ruled projects ineligible that may be within the scope of the statute and are likely to prevent even greater expenditures should there be future disasters. The problem is particularly acute because of the unknown effects of the impending El Nino weather system and the imminent threat that it poses to many areas of the country. The conferees are committed to ensuring that the people and their homes, schools, and economic livelihoods, as well as critical infrastructure, are protected against future floods and direct the Corps of Engineers to perform an immediate reassessment of all projects considered for funding under PL 105-18 where PL 84-99 funding has been denied. Every effort should be made to make use of the previously-appropriated emergency funds for any and all authorized purposes within the entire reading of the statute. formerly utilized sites remedial action program The conference agreement appropriates $140,000,000 for the Formerly Utilized Sites Remedial Action Program (FUSRAP) instead of $110,000,000 as proposed by the House and $162,000,000 as proposed by the Senate. The conference agreement also transfers the FUSRAP program from the Department of Energy to the U.S. Army Corps of Engineers for program execution. The Corps currently manages and executes a similar program, the Formerly Used Defense Sites program, for the Department of Defense, and the conferees believe there are significant cost and schedule efficiencies to be gained by having the Corps manage FUSRAP as well. The conferees are aware of the concerns expressed that a transition from one Federal agency to another may create unnecessary delays in the program. The conferees expect the Department of Energy and the Corps to make every effort to ensure that this transition goes smoothly, that execution of the program is maintained in accordance with current schedules, and that overall execution performance is improved. The Department of Energy recently announced that it will complete the existing management and operating contract for the FUSRAP program with a contract change becoming effective in the spring of 1998. The conferees expect the program to continue within the existing contract framework during that period, and will expect minimal disruption in operations during that time as the terms of current contracts are honored. The conferees direct the Corps of Engineers to review the baseline cost, scope, schedule, and technical assumptions for each of the cleanup sites, and determine what actions can be taken to reduce costs and accelerate cleanup activities. The Corps should determine if it is possible and/or reasonable to meet the proposed 2002 completion date and report to the Committees on Appropriations within 90 days on what steps must be taken to meet this date. The conferees expect the Chief of Engineers to select an organization and process within the Corps which can execute this high priority program most effectively and efficiently. To avoid potential jurisdictional problems, however, overall program management, schedule and resource priority setting, and principal point of contact responsibilities for FUSRAP are to be handled as part of, and integrally with, the overall Civil Works program of the Corps. general expenses The conference agreement appropriates $148,000,000 for General Expenses as proposed by the House and the Senate. revolving fund The conference agreement includes language proposed by the Senate which permits the Corps of Engineers to use amounts in the Revolving Fund for an addition to the Alaska District's main office building on Elmendorf Air Force Base and which directs that the Revolving Fund shall be reimbursed from the benefiting appropriations by collections each year of user fees sufficient to repay the capital cost of the asset and to operate and maintain the asset. General Provisions Corps of Engineers--Civil The conference agreement deletes language proposed by the Senate which provides that the Secretary of the Army, in fiscal year 1998, shall advertise for competitive bid at least 8,500,000 cubic yards of the hopper dredge volume accomplished with Government-owned dredges in fiscal year 1992 and which, notwithstanding the provisions of this section, authorizes the Secretary of the Army to use the Corps of Engineers dredge fleet to undertake projects under certain conditions. The conference agreement includes language proposed by the Senate which authorizes and directs the Secretary of the Army to provide planning, design, and construction assistance to non-Federal interests in carrying out water related environmental infrastructure and environmental resources development projects. The Senate language has been amended to provide that the authority will be limited to fiscal year 1998 and to projects in the State of Alaska. The conference agreement provides $5,000,000 for the Corps of Engineers to carry out the provisions of this section. The conference agreement includes language proposed by the Senate regarding the Raritan River Basin, Greenbrook Sub- basin flood control project in New Jersey. The Senate language has been amended to provide that none of the funds made available under this Act or any other Act for any fiscal year may be used to construct the Oak Way detention structure or the Sky Top detention structure in Berkeley Heights, New Jersey, rather than carry out any plan for, or otherwise construct, the Oak Way detention structure or the Sky Top detention structure in Berkeley Heights, New Jersey. The conference agreement deletes language proposed by the Senate which provides that none of the funds appropriated in this Act may be used to consider any application for a permit that, if granted, would result in the diversion of groundwater from the Great Lakes basin.TITLE II DEPARTMENT OF THE INTERIOR Central Utah Project central utah project completion account The conference agreement appropriates $41,153,000 to carry out the provisions of the Central Utah Project Completion Act as proposed by the House and the Senate. bureau of reclamation The summary tables at the end of this title set forth the conference agreement with respect to the individual appropriations, programs, and activities of the Bureau of Reclamation. Additional items of conference agreement are discussed below. water and related resources The conference agreement appropriates $694,348,000 for Water and Related Resources instead of $651,931,000 as proposed by the House and $688,379,000 as proposed by the Senate. The conference agreement includes $56,442,000 for the Central Arizona Project, $4,796,000 below the budget request. The conferees direct that $3,245,000 of the reduction be derived from native fish protection activities. The remainder of the reduction should be derived from noncontract costs. The conference agreement includes $4,700,000 for the Applied Science and Technology Development program. Within the amount provided, $1,000,000 is for completion of the in-situ copper mining research project. In addition, $300,000 has been provided for Bureau of Reclamation oversight of that program and for related technology transfer activities. The conference agreement includes an additional $1,500,000 for the completion of design and initiation of construction of the fish screen at the Contra Costa Canal intake at Rock Slough in California. The conference agreement includes an additional $3,000,000 for the Anadromous Fish Screen Program. Within funds available to the Anadromous Fish Screen Program, including funds appropriated in fiscal year 1997, the conferees direct the Bureau of Reclamation to fund the following fish screen projects at the levels indicated below: Reclamation District 108, $5,000,000; Reclamation District 1004, $2,625,000; and Princeton-Glenn-Codora and Provident Irrigation Districts, $2,500,000. The conference agreement includes $6,000,000 for the Animas-La Plata project as proposed by the Senate. The conferees continue to support the Animas-La Plata project in Colorado and New Mexico, which is necessary to satisfy the requirements of the Colorado Ute Indian Water Rights Settlement Act of 1988. Controversy has delayed the construction of the project by the Bureau of Reclamation despite the commitments made in the Settlement Act and a subsequent directive by the Congress that those portions of the project which were approved under the Endangered Species Act should be constructed without delay. In the last year, the Governor of Colorado and the Secretary of the Interior have convened the project supporters and opponents in a process intended to seek resolution of the controversy. The Colorado process calls for a project proposal from parties to the settlement as well as one from those who oppose the project as presently contemplated. The conferees direct that funds previously appropriated for the project and still available are to be used for the project and advancement of a modified project from the process which meets the original intent of the Settlement to provide a new supply of water to meet the present and future needs of the Ute Tribes and the surrounding region. In the event such a project is advanced, the Department of the Interior and other Federal agencies are directed to utilize to the fullest extent the existing environmental compliance documents. The conferees direct the Bureau of Reclamation to notify the Committees on Appropriations of the House and the Senate before reprogramming any funds from the Equus Beds Groundwater Recharge Demonstration Project in Kansas. The conferees understand that the project is being cost shared on a 50-50 basis. The conference agreement includes $300,000 for the Bureau of Reclamation to work with local interests to identify the most effective voluntary water conservation practices applicable to the Walker River Basin in Nevada, and to quantify the contribution that voluntary conservation can make to solving the water resources problems in Walker Lake and the basin as a whole. The conference agreement includes $400,000 for NEPA compliance and design activities associated with the Rio Grande Conveyance/Pipeline project in New Mexico and Texas. The conferees are concerned with the impacts on recreation and resident fish populations resulting from the operating regimes at Hungry Horse and Grand Coulee Dams. The Northwest Power Planning Council has developed a regionally approved plan, known as the Columbia River Basin Fish and Wildlife Program, and the Secretary of the Interior, acting through the Bureau of Reclamation, should consider the Council's program and operate the projects in a manner consistent with the program. The conferees direct that of the $500,000 provided for facility operation and maintenance on the Newlands Project in Nevada, that $300,000 shall be applied to the costs of supplying water to the Stillwater National Wildlife Refuge and to recovery of endangered fish in accordance with the Truckee- Carson Pyramid Lake Water Rights Settlement Act, Public Law 101-618, and the Truckee River Water Quality Agreement. Further, $200,000 shall be used to assist the town of Fernley, Nevada, and the Pyramid Lake Tribe, on behalf of the town of Wadsworth in evaluating the joint municipal water source and delivery system, a wastewater conveyance source, and wastewater reclamation for the Fernley Wildlife Management Area. The conference agreement includes $5,759,000 for the Wetland Development Program. Within the amount recommended, the conferees have included $1,450,000 under fish and wildlife management and development for the Bureau of Reclamation to undertake Central Arizona Project fish and wildlife activities. The conferees are in agreement with the language in the House report regarding operation and maintenance (O&M) costs, deficits, and budget development. With regard to water rate- setting policies, the conferees urge the Bureau of Reclamation to review and, where necessary, consider modification to these policies to ensure that current O&M water rate revenues are applied against O&M expenses with any deficiency resulting in an O&M deficit to the water contractor. The conference agreement includes language proposed by the House regarding the Coolidge Dam, San Carlos Irrigation project in Arizona. The conference agreement includes language proposed by the Senate providing $500,000 for the installation of drains in the Pena Blanca area of New Mexico to prevent seepage from Cochiti Dam. The conference agreement includes language proposed by the Senate providing that funds available for expenditure for the Departmental Irrigation Drainage Program may be expended for site remediation on a non-reimbursable basis. The conference agreement includes language proposed by the Senate to increase the authorized level of appropriations for the municipal, rural, and industrial water systems for the Fort Berthold, Standing Rock, and Spirit Lake Nation in order to allow activities to continue. The Senate language has been amended to make technical corrections. The conference agreement deletes language proposed by the Senate providing $80,000 to complete the feasibility study of alternatives for meeting the drinking water needs on the Cheyenne River Sioux Reservation and surrounding communities in South Dakota. Funding for this project is included in the amount appropriated for Water and Related Resources. The conference agreement includes language proposed by the Senate providing that the Secretary of the Interior may use $2,500,000 for the McCall Area Wastewater Reclamation and Reuse project in Idaho. The conference agreement deletes language proposed by the Senate providing $300,000 for planning studies and other activities for the Ute Reservoir Pipeline (Quay County portion) in New Mexico. Funding for this project is included in the amount appropriated for Water and Related Resources. The conference agreement deletes language proposed by the Senate providing $185,000 for a feasibility study of alternatives for the Crow Creek Rural Water Supply System to meet the drinking water needs on the Crow Creek Sioux Indian Reservation in South Dakota. Funding for this project is included in the amount appropriated for water and related resources. bureau of reclamation loan program account The conference agreement appropriates $10,425,000 for the Bureau of Reclamation Loan Program Account as proposed by the House and Senate. central valley project restoration fund The conference agreement appropriates $33,130,000 for the Central Valley Project Restoration Fund as proposed by the Senate instead of $39,130,000 as proposed by the House. The conference agreement includes language which provides that the Secretary of the Interior shall levy additional mitigation and restoration payments totaling no more then $25,130,000 (October 1992 price levels) on a three-year rolling average basis, as authorized by Section 3407(d) of Public Law 102-575. california bay-delta ecosystem restoration The conference agreement appropriates $85,000,000 for the California Bay-Delta Ecosystem Restoration program instead of $120,000,000 as proposed by the House and $50,000,000 as proposed by the Senate. policy and administration The conference agreement appropriates $47,558,000 for Policy and Administration as proposed by the Senate instead of $47,658,000 as proposed by the House. special funds The conference agreement deletes language proposed by the Senate regarding the Reclamation Fund and the special fund in the Treasury created by the Act of December 22, 1987. The Bureau of Reclamation has advised the conferees that this language is not required.
TITLE III Department of Energy The summary tables at the end of this title set forth the conference agreement with respect to the individual appropriations, programs, and activities of the Department of Energy. Additional items of conference agreements are discussed below. reprogrammings The conference agreement does not provide the Department of Energy with any internal reprogramming flexibility in fiscal year 1998 unless specifically identified in the House, Senate, or conference reports. Any reallocation of new or prior year budget authority or prior year deobligations must be submitted to the House and Senate Committees on Appropriations in advance in writing and may not be implemented prior to approval by the Committees. external regulation of department of energy facilities The conference agreement directs that all new nuclear facilities for which construction starts in the year 2000 or beyond are to be constructed in accordance with Nuclear Regulatory Commission (NRC) licensing standards. The Department is directed to consult with the House and Senate Committees on Appropriations should implementation of this policy pose critical national security concerns with respect to any particular nuclear facility. support service contracts The conferees agree with the House report language which directs the Department to prepare a report on the use of support service contractors and the use of management and operating contractor and subcontractor employees detailed to Headquarters. This report is due on January 30, 1998. The Department should consult with the House and Senate Committees on Appropriations on the level of detail required in this report. The conferees continue to be concerned about the Department's inappropriate use of support service contractors. The Department continues to pay contractors to perform day to day functions that should be performed by Federal employees. There is a clear distinction between administrative support and technical assistance. Support service contractors can play an important and cost-effective role in supplying special technical expertise unavailable within the Department. However, the conferees believe there has been a distinct lack of responsible management of these contractors. Therefore, the Department is directed to develop a plan to provide more effective management of support service contractors without increasing the number of Federal employees. This plan is to be submitted to Congress at the time of the fiscal year 1999 budget submission. The Department is directed to reduce the number of support service contractors providing administrative support and performing inherently governmental functions. Remaining support service contractors should include only those providing specific technical assistance with a well-defined product or service as the deliverable and an established completion date for the product or service. These technical assistance contracts must meet the Congressional intent of full and open competition, fixed price contracts, and performance- based management. general reductions necessary to accommodate specific program directions In the event that specific program guidance contained in the House, Senate, or conference reports requires a general reduction of available funding, such reductions shall not be applied disproportionately against any program, project, or activity. Energy Supply The conference agreement includes $906,807,000, instead of $880,730,000 as proposed by the House and $966,940,000 as proposed by the Senate. The conference agreement does not include bill language extending the availability of funds in this account beyond fiscal year 1998. solar and renewable energy The conference agreement includes $346,266,000, which includes $301,962,000 for the Office of Energy Efficiency and Renewable Energy and $44,304,000 representing research done by the Office of Energy Research. This action follows the direction provided by the House to put research back into research and development. The Office of Energy Efficiency and Renewable Energy and the Office of Energy Research are directed to work together to ensure that the Department's solar and renewable research and development budget reflects the cooperation of the two Offices. The Department is directed to submit its fiscal year 1999 solar and renewable energy budget comprehensively, as it is displayed in the table in this conference report. Photovoltaic energy systems.--From the amount provided, $1,500,000 shall be directed to university research to increase university participation in this program and to fund the acquisition of photovoltaic test equipment at the participating institutions. Furthermore, while developing its FY 1999 budget request, the Department is encouraged to consider the funding needs of university photovoltaic programs. Solar thermal energy systems.--The conference agreement does not include the Senate prohibition on funding to deploy additional dish/engine systems. Biomass/biofuels.--The conference agreement includes $98,385,000, which includes $38,635,000 for research done by the Officer of Energy Research. The conferees direct that the funds be allocated in the following manner: Within ``Power systems''--$1,500,000 for thermal conversion, $23,000,000 for system development, $3,000,000 for biomass cogeneration, and $750,000 for the Gridley rice straw project; and, within ``Biofuels''--$27,000,000 for ethanol production, including $4,000,000 for the biomass ethanol plant in Jennings, Louisiana, and $2,500,000 for the Consortium for Plant Biotechnology Research. The Department is directed to provide $3,500,000 for feedstock development and $2,000,000 for the regional biomass program each to be equally derived from the power systems and biofuels programs. Wind.--The conference agreement does not include the House prohibition on funding for incremental product improvement partnerships with manufacturers. International solar energy.--The conference agreement includes $1,375,000, an increase of $625,000 over the amount provided by the House. The conferees direct that the funding be provided for the U.S. initiative on joint implementation as provided in the Senate report. Hydrogen.--The conference agreement does not include House language urging the Department to avoid commitments to multi-million dollar demonstration projects. The conference agreement includes $3,000,000 for the Russian--American Fuel Cell Consortium, $1,000,000 less than the amount provided by the Senate. Renewable Indian energy resources.--The conference agreement includes $4,000,000, the amount provided by the Senate, which includes: $2,000,000, the same amount as the current year, for the Power Creek Hydroelectric Project in Cordova, Alaska; $800,000 for the Old Harbor Hydroelectric Project in the Village of Old Harbor, Alaska; $1,000,000 for the Upper Lynn Canal Regional Electric Project in Skagway Bay, Alaska; and $100,000 to complete studies and confirm the feasibility of several small hydroelectric facilities in the Village of Scammon Bay, Alaska. Electric energy systems and storage.--The conference agreement includes up to $1,000,000 for a research and development partnership to manufacture electric transmission lines using aluminum matrix composite materials. Federal buildings/Remote power initiatives.--The House and Senate each included proposals intended to direct the Department to identify and pursue near term opportunities to exploit the strengths of solar and renewable energy technologies. The conference agreement includes both initiatives and provides $5,000,000 for these activities. The Department is directed to provide the House and Senate Committees on Appropriations with a program plan which includes a funding profile, and criteria for awarding proposals. All proposals must include a cost benefit analysis. The Department may approve only proposals that have verifiable, favorable cost benefits over a period of not more than ten years. Cost benefits shall be based exclusively on actual monetary costs and savings. Program direction.--The conference agreement includes $15,651,000 for program direction. The conferees have provided additional funds to address the issues raised in the House report with regard to program taxes. In short, the Department has reallocated program funds to pay for support service contractors, equipment, travel, ``cross-cutting'' activities, ``Assistant Secretary initiatives'' and other activities not described in the budget request. All funding for support service contracts and the aforementioned activities is provided in program direction. The Department is directed to end its practice of taxing programs and to allocate funding to programs in accordance with allocations stipulated in appropriations bills. Excessive carryover balances.--The conferees strongly endorse the concerns expressed in the House report and direct that the Department allocate the prior year balance adjustment to programs with consideration given to which programs have available carryover funds. The conferees direct that the Department allocate new budget authority for solar and renewable programs after making an adjustment which reflects a careful analysis of each program's share of carryover balances. Executive Order 12902.--The conference agreement includes the Senate recommendation that the assessment and report be done by the Office of Management and Budget (OMB). nuclear energy University reactor fuel assistance and support.--The recommendation is $7,000,000, a $3,000,000 increase over the current fiscal year. The Department is directed to include appropriate laboratories, industry groups and universities in this program. The conference agreement provides $2,200,000 for the core university reactor peer-reviewed Nuclear Engineering Education Research (NEER) program. None of the funds are to be provided to industry and no less than $5,000,000 is to be made available to universities participating in this program. Termination costs.--The conference agreement includes $77,035,000, including a total of $33,000,000 for electrometallurgical-related activities. An additional $12,000,000 is provided for nuclear technology research and development in Other Defense Activities. The conference agreement does not include the Senate recommendation to provide $3,000,000 for the advanced light water reactor program. The conference agreement includes the Senate reduction to the budget request, $1,500,000, for management studies and evaluations. Isotope support.--The conference agreement recommendation for isotope support shall include funds for isotope production and distribution including alpha-emitter production, chemistry research and preclinical studies. Program direction.--The conference agreement combines the separate program direction lines in the uranium, isotope support and other nuclear energy programs. The amount provided, $21,000,000, is $5,110,000 more than the amount provided by the House and $3,066,000 less than the comparable amount in the budget request. environment, safety and health The conference agreement includes $66,050,000, of which $23,550,000 is provided for program direction. The conferees have provided a more balanced distribution of the program direction funding by providing an additional $20,000,000 in the defense environment, safety and health program. magnetic fusion energy The conferees have adopted the Senate title for this program. The conference agreement provides $232,000,000 which includes $2,000,000 for fusion irradiation activities currently funded under the domestic nuclear energy program. funding adjustments The conference agreement includes a $31,535,000 adjustment reflecting availability of prior year balances, an increase of $13,000,000 to the adjustment recommended by the House. The Department is directed to evaluate availability of prior year balances and allocate this reduction based on that evaluation. Non-Defense Environmental Management The conference agreement appropriates $497,059,000 instead of $497,619,000 as proposed by the House and $664,684,000 as proposed by the Senate. The conferees have agreed to transfer the Formerly Utilized Sites Remedial Action Program (FUSRAP) to the Corps of Engineers, and funding for this program is contained in Title I of the bill. The conferees direct the Department of Energy to assess the cost of decommissioning the Southwest Experimental Fast Oxide Reactor site in Arkansas and provide a report to the Committees on Appropriations by September 30, 1998. The conferees further acknowledge the purpose of the Integrated Petroleum Environmental Consortium, but do not believe this initiative properly falls within the jurisdiction of the Energy and Water Development Appropriations Subcommittees. The conference agreement funds the University Research Program in Robotics at a level of $4,000,000 in the Defense Environmental Restoration and Waste Management appropriation account. The conferees are aware that Advanced Nuclear & Medical Systems Inc. (ANMS) which had been the principal proponent for delaying the deactivation and decommissioning of the Fast Flux Test Facility (FFTF) at Richland, Washington, has withdrawn its proposal to convert the FFTF for tritium and medical isotope production. On the basis of the original proposal, the Department has delayed until December 1998 a decision to shut down the reactor, increasing the costs to the government of maintaining the reactor in a standby condition. The conferees direct the Department to make a determination on the continued standby status of the FFTF as part of the fiscal year 1999 budget submission. Uranium Enrichment Decontamination and Decommissioning Fund The conference agreement appropriates $220,200,000 as proposed by the House instead of $230,000,000 as proposed by the Senate. The conference agreement retains bill language proposed by the House providing funds for the uranium and thorium reimbursement program, and increases the funding level of $40,000,000. The conferees agree with the House proposed reporting requirements. Science The conference agreement includes $2,235,708,000, $28,076,000 more than House and $12,631,000 more than the comparable Senate amount. High energy physics.--The conference agreement provides $680,035,000 for high energy physics. This is the amount provided by the House and represents a $5,000,000 increase over the amount requested by the Administration. Nuclear physics.--The conference agreement provides $320,925,000 for nuclear physics. This is the amount provided by the House and represents a $5,000,000 increase over the amount requested by the Administration. Biological and Environmental Research The conferees support the peer-reviewed nuclear medicine research program in biological imaging at the University of California Los Angeles and strongly encourage the Department to fully fund that research in fiscal year 1998. The Department of Energy will initiate and carry out a rigorous, peer-reviewed research program that will apply the molecular level knowledge gained from the Department's human genome and structural biology research to ascertain the effects on levels ranging from cells to whole organisms that arise from low-dose-rate exposures to energy and defense-related insults (such as radiation and chemicals). By providing a scientific basis for determining the effects of low-dose exposure, this program will lead to reductions in the uncertainties inherent in current calculations and the development of new, more reliable risk management methods. The ultimate goal is adequate, cost effective health protection for workers and the public from radiation, chemicals and waste clean-up that is commensurate with actual risks. The conferees have included $3,000,000 for this effort in fiscal year 1998 and direct the Department to develop a multi- year program plan, including budgets, for the subsequent ten years. The conference agreement includes $4,000,000 to upgrade a nuclear radiation center to accommodate boron neutron capture therapy (BNCT) research in conjunction with the University of California--Davis. BNCT is the selective irradiation of tissue for treatment of inoperable brain tumors. The conference agreement also includes $7,500,000 for design, planning and construction of an expansion of the Medical University of South Carolina's cancer research center. This addition will provide research and treatment areas for the utilization of Positron Emission Tomography, using metabolic bio-markers, a ribozyme- based gene therapy. The conferees are aware of the high rate of cancer nationwide, the need to translate basic bio-marker research to direct application, and the need for expansion of this facility. The conferees have provided $3,000,000 to develop proton scanning technology. This effort utilizes the existing proton therapy capabilities at the Proton Cancer Treatment Center at Loma Linda Medical Center in California in cooperation with the Fermi National Accelerator Laboratory. This effort will expand the use of this superior radiation treatment, enabling more precise, safe, and effective treatment of breast, lung and other cancers, without disabling side effects. The conference agreement also includes $3,000,000 for cancer treatment efforts included in the Medical Research Initiative at the University of Rochester Medical Center. The conference agreement includes $2,000,000 for Englewood Hospital in New Jersey which employs a condensed diagnosis process in its breast cancer treatment program. The conference agreement also includes $10,000,000 for the Northeast Regional Cancer Institute for innovative research that supports the Department's exploration of microbial genetics. The Department will benefit from the Institute's unique assets to pursue medical research related to the Human Genome Project. Also, recent breakthrough findings indicate that there is a third form of life, the Archaea, whose unique properties allow them to flourish under extreme conditions. Understanding the genetic basis of these properties promises to lead to diverse applications and public benefit. The Department has played an early and leading role in supporting this research. This new collaboration will expand the Department's exploration of the science and applications of these results for its energy, environmental, and health effects missions. The conference agreement also includes $2,500,000 for design, planning and construction of a science and engineering center at Highlands University in Las Vegas, New Mexico. Human Genome Project.--The conference agreement does not include House language opposing the increase proposed in the budget request to evaluate ethical, legal and social implications of genome research. National Institute for Global and Environmental Change (NIGEC).--The conference agreement includes $8,200,000, the amount provided in the budget request. basic energy sciences Experimental Program to Stimulate Competitive Research (EPSCoR).--The conference agreement includes $7,000,000, the amount provided in the budget request. other energy research Computational and technology research.--The conference agreement does not include House language regarding the transfer of funds to the fusion program, nor the Senate language regarding computer equipment for the Institute for Computational Chemistry and Molecular Modeling. University and science education.--The conference agreement does not include the Senate proposal to provide $10,000,000 for this program. nuclear waste disposal fund The conference agreement appropriates $160,000,000 as proposed by both the House and the Senate, including $4,000,000 to be made available to the Nuclear Regulatory Commission for multi-purpose canister licensing, as proposed by the Senate. The agreement includes no funding for the State of Nevada as proposed by the House, instead of $1,500,000 as proposed by the Senate. The agreement includes $5,000,000 for affected units of local government instead of $0 as proposed by the House and $6,175,000 as proposed by the Senate. The agreement includes a reduction of $11,950,000 from the science program and a reduction of $16,000,000 for personnel costs, training and travel expenses for Federal employees, support service contractors, non-safety related training for contractor employees, cooperative agreements and other programs not directly associated with the performance of characterization and interim storage activities. The conferees fully expect the Office of Civilian Radioactive Waste Management to achieve its Strategic Alignment Initiative targets for fiscal year 1998. The conferees recognize the capability and availability of resources at the University of Nevada-Las Vegas to store data and scientific studies related to Yucca Mountain and encourage the Department to maximize utilization of this resource. departmental administration The conference agreement appropriates $218,747,000 for Departmental Administration instead of $214,723,000 as proposed by the House and $220,847,000 as proposed by the Senate. Revenues of $131,330,000 are estimated to be received in fiscal year 1998, resulting in a net appropriation of $87,417,000. The conference agreement deletes bill language proposed by the Senate providing additional amounts for cost of work for others provided that such increases are offset by revenue increases of the same or greater amount. The conference agreement directs the Department to reduce staffing through buyouts and attrition to the level which can be appropriately supported within the available funds provided for fiscal year 1998. No direction to the Department to reduce specific organizations has been provided, but the conferees expect the Department to assess objectively the workload and value added by many of these support and administrative organizations and the redundancy existing with program organizations which have their own support staffs. Staffing reductions are not to be prorated across every organization. Of the amount provided for other expenses within Departmental Administration, $1,623,000 is available for salaries and expenses in the Office of the Secretary to pay the salaries and expenses of employees otherwise on detail to the Office of the Secretary. The conferees have provided $6,000,000 for a corporate management information system. The Department is directed to provide detailed information on the systems to be acquired, project costs and milestones, and a description of how these new systems will consolidate, eliminate, or integrate with all of the Department's current information systems. This detailed analysis is to be provided as part of the fiscal year 1999 budget submission. The conference agreement provides reprogramming authority of $1,000,000 or 10 percent, whichever is less, within the Departmental Administration account. This should provide the needed flexibility to manage this account. Congressional notification of the use of this authority is to be provided on a quarterly basis. Office of the Inspector General The conference agreement includes $27,500,000, as proposed by both the House and Senate. Atomic Energy Defense Activities weapons activities The conference agreement appropriates $4,146,692,000 instead of $3,943,442,000 as proposed by the House and $4,302,450,000 as proposed by the Senate. The conference agreement includes language proposed by the Senate providing that funds are available until expended, and that funding for any ballistic missile defense program undertaken by the Department of Energy for the Department of Defense must be provided in accordance with procedures established for Work for Others by the Department of Energy. Stockpile stewardship.--The conference agreement supports increased funding for many activities in the core stockpile stewardship program with the following specific adjustments. An additional $45,000,000 has been provided for the core research and advanced technology program and enhanced non-nuclear component assessment and experimental activities. As directed by the Senate, $15,000,000 is provided to develop an in-house, contingent source of radiation hardened microelectronics. An increase of $20,000,000 over the budget request is provided for the accelerated strategic computing initiative for a total of $224,800,000. An appropriation of $177,002,000, an increase of $20,000,000 over the request, is provided to maintain a readiness capability to conduct an underground nuclear test at the Nevada test site. An additional $30,000,000 is provided for infrastructure and equipment needs at the national laboratories and the Nevada test site. The conferees understand that the Department has unique capabilities to assist the Department of Defense in its mission of land mine remediation. The conferees urge the Department to develop a proposal for a Work for Others program with the Department of Defense that would involve testing and demonstration of DOE land mine detection technology at the Nevada Test Site. The conferees are aware of the significant scientific and technological advances made in the pulsed power program over the past year on the Z-accelerator at Sandia National Laboratory. The Department should support continued Z-physics experiments and improved diagnostic capabilities in the coming year. Within the technology transfer program, $10,000,000 is provided for the American Textile Partnership (AMTEX). No funds are provided for the Partnership for Next Generation Vehicles. The conference agreement does not provide additional funding for the inertial confinement fusion program, but expects the Department to allocate existing funds to fully exploit the capabilities of the Nike, Omega, and Nova lasers. Stockpile management.--For core stockpile management, the conference agreement provides $2,052,150,000, which includes the following adjustments to the budget request. An additional $35,000,000 is provided in support of the W87 program and to provide capability at the Y-12 plant in Oak Ridge, Tennessee, in preparation for expected stockpile life extension program, $7,500,000 is provided for enhanced surveillance activities, and $35,000,000 is provided for manufacturing and infrastructure initiatives. Joint development of manufacturing technologies with laboratories is increased by $5,000,000, and $7,500,000 is provided for the Department's environmental surety program. An additional $10,000,000 is recommended to sustain the modernization of the weapons complex begun last year; and an additional $8,000,000 is included to continue upgrades to the existing tritium recycling facility. Within the budget request for stockpile management, the Department included $45,200,000 for safeguards and security activities at the Rocky Flats, Colorado, and Fernald, Ohio, environmental cleanup sites. The conference agreement transfers that funding to the Defense Facilities Closure Projects account. The conferees have not provided funding for improvements to Greenville Road in Livermore, California. The City of Livermore has sought for several years to have funds appropriated in this bill for highway construction. The conferees are reluctant to proceed down the path of funding highways at every Department of Energy facility and urge the City to seek funding from more appropriate sources. Program direction.--For program direction funding, the conference agreement provides $250,000,000, a reduction of $53,500,000 from the budget request. The Department anticipates carrying unobligated funds into fiscal year 1998 which will supplement this appropriation. The reduction is imposed in part because of the conferees' frustration that the program has been unable to reduce its employee levels to those established by the Department's own Strategic Alignment Initiative. The Department is directed to meet the Strategic Alignment Initiative personnel ceilings which have beenestablished for the defense programs organization in fiscal year 1998, and to impose the reduction in a manner that results in the implementation of the recommendations made by the Institute for Defense Analysis in its 120 day review of the program's management structure. defense environmental restoration and waste management The conference agreement appropriates $4,429,438,000 for Defense Environmental Restoration and Waste Management instead of $5,263,270,000 as proposed by the House and $5,654,974,000 as proposed by the Senate. Additional funding of $890,800,000 is contained in the Defense Facilities Closure Projects account and $200,000,000 for Environmental Management Privatization, for a total of $5,520,238,000 provided for all defense environmental management activities. The conference agreement deletes language included by the Senate earmarking funds for closure projects. The conference agreement includes the Senate language providing that funds are available until expended. Environmental restoration.--The conference agreement provides $1,010,973,000 for environmental restoration, which is the budget request for all sites with only two exceptions. The conference agreement moves funding of $743,600,000, the budget request included in environmental restoration for the Rocky Flats and Fernald sites, from this program to a new appropriation account, Defense Facilities Closure Projects. An additional $10,000,000 has been included in the environmental restoration program to accelerate cleanup at those sites or facilities which can effectively reduce outyear mortgage costs with small incremental funding increases. The conferees view the acceleration of cleanup of the Hanford 100 area as a prime example of a project that should continue to receive support. A small increase in funds provided in fiscal year 1998 could expedite the cleanup of reactors along the Columbia River in Hanford's 100 area and significantly reduce the outyear mortgages. Waste management.--The conference agreement includes the funding level of $1,571,644,000 proposed by the Senate for the waste management program, an increase of $35,000,000 over the budget request. The additional funding should be used to continue critical ongoing activities at the Defense Waste Processing Facility in South Carolina, the Waste Isolation Pilot Plant in New Mexico, and the Hanford tank farm in Washington. The conferees have included in the funds otherwise available for the Waste Isolation Pilot Plant, $1,748,000, the same as the current year, for the Environmental Evaluation Group. Nuclear materials and facilities stabilization.--The conference agreement includes $1,256,821,000 for nuclear materials and facilities stabilization. The recommendation includes an additional $43,000,000 over the budget request for operation of facilities at the Savannah River Site to accelerate stabilization of ``at risk'' spent nuclear fuel currently stored at the site. The conferees agree with the House language on the need for a status report on these activities and direct that it be submitted by November 15, 1997. The conference agreement also provides an additional $15,000,000 for the National Spent Fuel Program. At the request of the Department, the conference agreement consolidates two prior year construction projects at the Savannah River Site, the Health Physics Site Support Facility and the Environmental Monitoring Laboratory. Technology development.--The conference agreement provides $220,000,000 for the technology development program. As proposed by the House, $4,000,000 is provided for the University Research Program in Robotics. Funding of $5,000,000 is provided for the domestic and international technology systems applications programs, and the budget request of $40,066,000 is provided to support the private industry programs. The conference agreement provides $27,000,000 to support the Department's efforts to deploy cost-effective new technologies. Deployment of new technologies is a strategic activity affecting virtually all environmental management programs and sites, and should be strongly supported as a complex-wide program, not another initiative established and maintained in isolation in the technology development organization. The conferees acknowledge the work done by the Department's Environmental Management Advisory Board (EMAB) in reviewing these deployment proposals, and would like to focus the panel on efforts to change records of decision which hamper the consideration and implementation of new technologies which may be faster and more cost effective than traditional cleanup remedies. Six months after enactment of this Act and semi-annually thereafter, the Department is to provide a report to the Committees on Appropriations on the technologies under development within the program. The report should provide a description of each technology and its applications, an accounting of the Department's investment to date in the technology, and an anticipated return on investment. The conferees note that technologies developed under this program will be of little or no value to the Department unless they are incorporated into the Department's environmental management records of decision. Regardless of the Department's tendency toward ``stove-pipe'' organizational arrangements, the Assistant Secretary of Environmental Management is to ensure that the Department's contractors are made aware of and utilize technologies developed by this program. The conference report accompanying the fiscal year 1997 Energy and Water Development Appropriations Act included a recommendation that the Department continue technology development on alternatives that might achieve satisfactory cleanup results at a significantly lower cost. The conferees believe that it would be prudent for the Department to maintain a research and development program that focuses on higher risk, high-payoff processing and vitrification technologies in parallel with ongoing efforts that could serve as a backup in the event conditions change. The conferees reaffirm the recommendation stated last year and strongly urge the Department to undertake a joint, cooperative effort between the Offices of Waste Management and Technology Development to assess the effectiveness and technical feasibility of the modular in-can and in-tank vitrification technology consistent with the fiscal year 1997 Energy and Water Development Appropriations conference agreement. The conferees urge the Department to support a joint, cooperative effort between the Offices of Technology Development, Environmental Restoration, Waste Management, and Nuclear Materials and Facilities Stabilization to develop a program to accelerate cleanup of lands which can be transferred to the public sector for other uses. Technology demonstrations should be directed to contaminated Department of Energy sites demonstrating the capability of applying integration of technologies to recover useful lands for transfer to the public sector. These demonstrations should be in diverse regions of the country with the emphasis on a return on investment (ROI) analysis withfirm schedules and cost analyses that support the ROI analysis. The lands should be determined by the ability to transfer them to the private sector in three to five years. The changes required to regulations, based on expected reductions of risk, increased public safety, and financial benefit to the government must be a specific end product of this demonstration. Reports on progress of these programs should be submitted to the Committees on Appropriations for information on an annual basis with emphasis on completion of specific land restoration in three years. Environmental science program.--The conferees are pleased with the progress to date in implementing the environmental basic research science program, and have provided $55,000,000 for this activity in fiscal year 1998, an increase of $5,000,000 over the budget request. From these funds, $48,000,000 has been provided for the basic science program, and $7,000,000 for risk policy. Of the risk policy funding, $4,000,000 is provided for the Consortium for Risk Evaluation with Stakeholder Participation (CRESP). The conferees agree that the Department is to provide to the Committees on Appropriations a list of each research grant that has been funded, a description of what cleanup problem is to be addressed, and how the grantee is to interact with the Department and field sites to address the specific problems. Privatization.--The conference agreement provides $200,000,000 for the environmental privatization program to guarantee the Federal government's commitment to a variety of projects for which private financing will be sought by the contractors involved in bidding on these activities at Department of Energy sites. This funding is to be allocated consistent with the direction provided in the Fiscal Year 1998 National Security Authorization Act. An additional $32,100,000 for the two privatization projects proposed for Fernald, Ohio, has been provided in the Defense Facilities Closure Projects account. The conferees support statements in the Senate committee report on the importance of the tank waste remediation system (TWRS) privatization project. TWRS is an absolutely essential cleanup priority for the Hanford site. The conferees further believe that the funds provided by the conference agreement are sufficient for TWRS to proceed on schedule. Combined with last year's appropriation, the total budget authority provided by Congress for TWRS underscores the commitment to see this project completed. The conferees also recognize the importance of meeting cleanup milestones at the Idaho National Engineering and Environmental Laboratory in the court-ordered settlement agreement between the Department and the State of Idaho. Adequate funds should be provided for this purpose. Program direction.--The conferees have provided $345,000,000 for the program direction account. The Department will carry unobligated balances into fiscal year 1998 which will increase the funding available in this account. Economic development.--The conference agreement maintains the current policy that no cleanup funds are to be used for economic development activities. The conferees have provided $61,159,000 in the worker and community transition program which was established and authorized to fund such activities, and expect all economic development activities to be funded from that program. defense facilities closure projects The conference agreement appropriates $890,800,000 for the Defense Facilities Closure Projects account instead of $905,800,000 as proposed by the House and $65,000,000 as proposed by the Senate. The Department requested $15,000,000 for closure projects as part of the Defense Environmental Restoration and Waste Management appropriation account. The conference agreement has established a separate appropriation account for closure projects to provide maximum visibility and accountability for program activities. Last year the conferees expressed significant interest in accelerating closure of environmental management sites and urged the Department to provide adequate funds to support this effort at sites which could be cleaned up within ten years with a notable reduction in mortgage costs due to the accelerated schedule. The Administration's fiscal year 1998 budget request did not implement this direction. The conferees consider this a very important issue, and have established a separate appropriation account to fund those Department of Energy sites which have an established cost, schedule, and project plan which permits closure of the entire site by 2006. At this time, the conferees are aware of only two sites which meet this criteria: Rocky Flats, Colorado, and Fernald, Ohio. The Department is urged to develop firm cost, schedule, and technical plans for other sites such as Mound and the RMI Ashtabula project in Ohio which can be closed by 2006, and include those sites in this account in the fiscal year 1999 budget request. The conferees are aware that portions of other sites which will continue to have a Department of Energy presence beyond 2006 are also candidates for accelerated cleanup activities. To accommodate those sites such as Savannah River, Hanford, and Oak Ridge, the conferees have provided additional funding in the defense environmental restoration program to accelerate cleanup activities. Sites with a continued Federal presence beyond 2006 are not candidates for the closure projects account. The conferees are pleased that the Department now supports a 2006 closure date for the Rocky Flats site in Colorado. With a relatively small increase in funding over the budget request in fiscal year 1998, it is anticipated that total project costs of $1,000,000.000 can be saved. The Department's budget included $598,850,000 for Rocky Flats in various program accounts including $44,000,000 funded in the Weapons Activity account for safeguards activities. The conference agreement consolidates all of this funding and provides an additional $33,250,000 for a total of $632,100,000 for cleanup activities. Current cost projections indicate that closing the Fernald, Ohio, site by 2006 would cost approximately $2,500,000,000, while closing it by 2011 increases costs to approximately $2,800,000,000. The conferees' recommendation of $258,700,000 provides the budget request from the environmental restoration program, $1,200,000 for safeguards from the Weapons Activities appropriations, $25,200,000 for the Waste Pits Remedial Action project, and $6,900,000 for the Silo 3 Residue Waste Treatment project. As part of the fiscal year 1999 budget submittal, the Department is directed to provide adequate detail showing the cost, scope, schedule, and technical assumptions which support these project closures by 2006. The Department is directed to ensure that the budget justifications provide adequate detail to permit Congress to track closure progress on an annual basis. The current management and organization structure in the Environmental Management program at the Department does not lend itself to the successful management of dynamic projects with established completion dates and fixed price costs. Federal management of such projects requires skills quite different from the level of effort activities often performed at DOE sites. The Department is directed to provide the House and Senate Committees on Appropriations within 60 days of enactment of this bill with a detailed plan outlining a proposed project management structure which reduces the numerous layers of Federal bureaucracy through which closure projects must report. other defense activities The conference agreement includes the Senate language providing that funds are available until expended. The conference agreement appropriates $1,666,008,000 for Other Defense Activities instead of $1,580,504,000 as proposed by the House and $1,637,981,000 as proposed by the Senate. Details of the conference agreement are provided below. nonproliferation and national security The conference agreement provides $658,300,000 for nonproliferation and national security instead of $586,700,000 as proposed by the House and $662,000,000 as proposed by the Senate. Within the funding for arms control, a total of $29,600,000 is provided for the Initiatives for Proliferation Prevention (IPP). The House language requiring a separate report on the IPP program is eliminated. However, the conferees expect the Department to ensure that these funds are used only for activities directly related to preventing the exodus of nuclear weapons scientists from the former Soviet Union. From within available funds for arms control, the conference agreement provides $10,000,000 for nuclear material security at a site in Kazakstan. The conference agreement provides $30,000,000, an increase of $10,000,000 over the budget request, for the Department's security investigations program. The conferees are aware that the Department's budget request was not sufficient to support the necessary number of security clearances required in fiscal year 1998. The conference agreement provides $82,900,000 for the program direction account. The conferees direct the Department to meet the Strategic Alignment Initiative personnel ceilings which have been established for the nonproliferation and national security organization in fiscal year 1998 and beyond. environment, safety and health (defense) The conference agreement provides $94,000,000, an increase of $40,000,000 over the budget request, for defense- related environment, safety and health activities. The recommendation provides the Senate funding level for programmatic activities, and $20,000,000 for the program direction account. Included in the recommendation is $2,000,000 for the final year of the Hanford thyroid study. worker and community transition The conference agreement provides $61,159,000 for the worker and community transition program instead of $56,000,000 as provided by the House and $62,000,000 as provided by the Senate. The conferees direct that no other Departmental funds be used to provide enhanced severance payments and other benefits under the provisions of Section 3161 of the National Defense Authorization Act of Fiscal Year 1993, and that the Department provide a report by March 30, 1998, regarding the future need and justification for the program. The conferees direct that none of the funds provided for this program be used for additional severance payments and benefits for Federal employees of the Department of Energy. Federal employees are covered by a multitude of laws which control employee benefits and protections during the downsizing of Federal agencies. The Department submitted a budget amendment to establish an asset management pilot projects program within DOE and to sell or lease five specific assets. The conferees support this initiative, but funding considerations will not permit DOE to retain the net proceeds from the sales or leases. The Department is urged to proceed with implementation of the asset sales program under the current guidelines which permit the Department to retain proceeds from the sales and leases to the extent they are needed to cover the administrative costs of executing the sale or lease. The conferees are aware of the proposal for the national pilot program for electronics recovery and recycling, and have provided $3,500,000 to initiate this program. The conferees recognize the reductions in the defense work force at the Nevada Test Site as a consequence of defense downsizing. Of the eleven defense facilities sites engaged in downsizing, the Nevada Test Site experienced the second highest reduction in full time equivalent employees. However, Nevada has received less community transition supportthan any other qualifying defense facility. The conferees urge the Secretary to ensure equitable worker and community transition funding. fissile materials disposition The conference agreement provides the budget request of $103,796,000 for fissile materials disposition. The Department is commended for its recognition that, despite the controversy it evokes, the burn-up of plutonium in mixed-oxide fuel is the preferred method of disposing of large volumes of weapons grade plutonium. The conferees expect the Department to adhere to the schedule and process for selection of contractors for the mixed-oxide fuel plant and reactors in fiscal year 1998. However, the conferees direct that the principle objective of the materials disposition program be the conversion of Russian and United States classified materials shapes with special emphasis on weapon primary ``pits'' into non-weapons usable, verifiable shapes and forms. Material in classified shapes is by far the most attractive for diversion, theft or weapons reassembly, and for that reason this class of material requires immediate attention even if its initial treatment does not lead immediately to final disposition. The conversion of weapons grade plutonium into metallic or oxide forms is acceptable for this step. The choice between oxide or metallic forms should be dictated solely by the rapidity with which the conversion can be accomplished and is dependent upon construction details for different classified shapes. Any delays in this first step predicated on additional research for methods of preparation of materials forms or licensing issues for eventual disposition in mixed-oxide fuel or vitrification are not acceptable. Adequate technologies are available today for conversion of all types of classified shapes. nuclear energy (defense) The conference agreement provides $35,000,000 for the international nuclear safety program to improve the safety of Soviet-designed nuclear reactors, a decrease of $15,000,000 from the budget request. The conference agreement does not provide funding for the spent fuel management program nor the Chornobyl shutdown initiative. office of hearing and appeals The conference agreement provides $2,300,000 instead of $1,900,000 as proposed by the House and $2,685,000 as proposed by the Senate. independent assessment of doe projects The conference agreement provides $35,000,000 as proposed by the House to provide for external reviews of the Department's individual construction and privatization projects, and an external review of the Department's facility acquisition management process. The immediate concern of the conferees is a review of all Department of Energy construction projects initiated in fiscal year 1998, construction projects currently in the conceptual design phase, ongoing projects if recommended by the initial assessment required below, and projects proposed by the Department for privatization. These evaluations should include a review and assessment of the quality of the technical scopes, cost estimates, schedules, and supporting data regarding these construction projects, andshould make recommendations on the validity of the proposed costs, scopes, and schedules. While the House bill directed that these reviews be conducted by the Corps of Engineers, the conferees acknowledge that there may be other qualified, unbiased external organizations that could conduct this type of assessment. Therefore, prior to obligating any funds provided for review of these construction and privatization projects, the conferees expect the Department to contract with an impartial independent organization with expertise in the evaluation of government management and administrative functions, for a detailed analysis of the proposed independent assessment of construction projects. This contract should produce a report to be submitted to the House and Senate Committees on Appropriations not later than December 31, 1997. The report should address the need for conducting independent assessments of the Department's proposed and ongoing construction projects and projects proposed for privatization, assess the proposed content of these reviews as outlined above, as well as recommend the appropriate entity(ies) (including, but not limited to, the Corps of Engineers) to conduct these reviews. The conferees expect this contract to be entered into as soon as possible, and expect the Department to consult with the Appropriations Committees regarding the selection of an independent organization to produce this report. In addition to the report on the need for an independent assessment of the Department's construction projects, the conferees direct that the Department's overall management structure and process for identifying, managing, designing and constructing facilities also be reviewed by an impartial independent organization with expertise in the evaluation of government management and administrative functions. The report should be provided to the Committees on Appropriations by June 30, 1998. The process used by the Department and its contractors to identify project requirements, develop scopes of work, execute and manage design, prepare cost estimates, select contract types, and execute and manage construction must be examined. The review should assess the level of oversight and experience of field and headquarters Federal personnel involved in this process. The recommendations of the report should include an analysis of the effectiveness of this process, advantages, disadvantages, and recommended improvements with the ultimate goal of establishing an overall departmental process that has more control of the projects and reduces project cost growth and schedule slippages. This study should also include a review of large operating projects such as environmental projects which may or may not involve much construction, but should clearly be managed with the same principles and guidelines. naval reactors The conference agreement provides $670,500,000, instead of $673,500,000 as proposed by the House and $660,500,000 as proposed by the Senate. An additional $30,000,000 over the budget request has been provided to continue test reactor inactivation efforts and environmental cleanup activities which are scheduled to be completed in fiscal year 2002. defense nuclear waste disposal The conference agreement appropriates $190,000,000 and includes the Senate language providing that funds are available until expended. The House bill did not include this provision. POWER MARKETING ADMINISTRATIONS Alaska Power Administration In addition to the $1,000,000 provided by the House and Senate, the conference agreement provides $2,500,000, as recommended by the Senate, to replace a damaged transmission cable. The conferees are aware that, in addition to the $3,500,000 provided in this paragraph, the Department has additional funding available from funds appropriated in prior years. Any funds in excess of current requirements shall be returned to the Treasury of the United States upon the sale of the Administration. The conference agreement includes $10,000,000 for the Swan Lake--Lake Tyee Intertie project, $10,000,000 less than the amount recommended by the Senate. Bonneville Power Administration A total of $3,750,000 has been made available to Bonneville as permanent borrowing authority. During fiscal year 1998, Bonneville plans to repay the Treasury $805,000,000, of which $228,000,000 is to repay principal on the the Federal investment in these facilities. The conferees note that the Senate report directs the Northwest Power Planning Council to provide a final hatchery review report by October 1998. As this late date will impede the ability of the Appropriations Committees to incorporate the findings of the review into the fiscal year 1999 appropriations process, the conferees direct the Council to provide the final hatchery review report by June 1998. Cost control.--The conferees commend Bonneville for its actions in the last three years to reduce planned spending by approximately $600,000,000 annually and to reduce staffing by 1,000 positions. The conferees believe there is an opportunity, and need, to further reduce costs. The conferees understand that Bonneville and the Northwest Power Planning Council are reviewing Bonneville's planned spending in order to recommend ways for Bonneville to further control costs and have engaged a group of senior business executives to aid in this effort. The conferees support the efforts to assure that limited ratepayer dollars are prudently spent. All program expenditures, other than debt service, must be carefully reviewed by Bonneville to determine whether additional reductions or program terminations can be made to minimize the potential for stranded costs and to keep rates competitive in the wholesale power market. Concurrent with this review, Bonneville staffing levels should continue to be reviewed and adjusted to match changing program needs. The conferees direct that Bonneville and the Council provide a report to the House and Senate Committees on Appropriations by March 1, 1998, identifying specific recommendations for cost reductions in all non-debt service spending for which Bonneville is responsible. This report should include consideration of which current programs and functions Bonneville should continue to perform in a competitive market, and not focus merely on improved management efficiency. Southeastern Power Administration The conference agreement includes $12,222,000, the same amount recommended by the House and the Senate. Southwestern Power Administration The conference agreement includes $25,210,000, the same amount recommended by the House. Western Area Power Administration The conference agreement provides $189,043,000, the same amount provided by the House. The conference agreement also includes the Senate recommendation that $5,592,000 be available as a transfer from the Colorado River Dam Fund. The conference agreement also includes $5,592,000, the same amount as the Senate, to be deposited in the Utah reclamation mitigation and conservation account. The conferees are aware of the Western Area Power Administration's proposed distribution of projected fiscal year 1998 costs across several financing sources, including funds appropriated by the Congress. As Federal appropriated funds are reduced while electricity rates drop in the marketplace, the conferees direct that Western keep its wholesale rate as competitive as possible and thereby maintain as robust a repayment stream back to the Treasury as possible. Falcon and Amistad Fund The conference agreement includes $970,000, the same amount recommended by the House. FEDERAL ENERGY REGULATORY COMMISSION The conference agreement includes $162,141,000, the same amount recommended by the House and Senate. General Provisions Department of Energy Sec. 301. The conference agreement includes a provision by the House that none of the funds in this Act or any prior appropriations Act may be used to award a management and operating contract unless such contract is awarded using competitive procedures, or the Secretary of Energy grants, on a case-by-case basis, a waiver to allow for such a deviation. At least 60 days before such action, the Secretary of Energy must submit to the House and Senate Committees on Appropriations a report notifying the Committees of the waiver and setting forth the reasons for the waiver. Section 301 does not preclude extension of a contract awarded using competitive procedures. Sec. 302. The conference agreement includes a provision proposed by the House that none of the funds in this Act or any prior appropriations Act may be used to award, amend, or modify a contract in a manner that deviates from the Federal Acquisition Regulation, unless the Secretary of Energy grants, on a case-by-case basis, a waiver to allow for such a deviation. At least 60 days before such action, the Secretary of Energy must submit to the House and Senate Committees on Appropriations a report notifying the Committees of the waiver and setting forth the reasons for the waiver. The conferees direct the Department, as contracts are awarded or renegotiated, to standardize its contracts in accordance with the Federal Acquisition Regulation. In awarding, amending, or modifying contracts, the Department is directed to be cognizant of and utilize provisions of the Federal Acquisition Regulation that permit exceptions to the Federal Acquisition Regulation and provisions intended to address the special circumstances entailed by management and operating contracts. Sec. 303. The conference agreement includes a provision proposed by the House that none of the funds in this Act or any prior appropriations Act may be used to prepare or implement workforce restructuring plans or provide enhanced severance payments and other benefits and community assistance grants for Federal employees of the Department of Energy under section 3161 of the National Defense Authorization Act for Fiscal Year 1993, Public Law 102-484. Sec. 304. The conference agreement includes a provision proposed by the House that none of the funds in this Act or any prior appropriations Act may be used to augment the $61,159,000 made available for obligation in this Act for severance payments and other benefits and community assistance grants authorized under the provisions of section 3161 of the National Defense Authorization Act for Fiscal Year 1993, Public Law 102- 484. This provision does not preclude the Department from proposing a reprogramming if deemed critical to program needs during fiscal year 1998. Sec. 305. The conference agreement includes a provision proposed by the House that none of the funds in this Act or any prior appropriations Act may be used to prepare or initiate Requests for Proposals for a program if the program has not been funded by Congress. Sec. 306. The conference agreement includes a provision proposed by the House that permits the transfer and merger of unexpended balances of prior appropriations with appropriation accounts established in this bill. Provision transferred to title V The general provision proposed by the House to prohibit agency lobbying of Congress has been moved to Title V, and will apply to each agency and department funded in this bill. Provisions not included in the conference agreement The conference agreement does not include the House provision prohibiting the use of funds to award or modify any contract for support services without a cost comparison conducted under the procedures and requirements of Office of Management and Budget Circular A-76. The conference agreement does not include the House provision prohibiting the use of funds to award or modify a management and operating contract which includes funds for support services contracts for use by Department of Energy personnel. The conference agreement does not include the House provision requiring an independent assessment before initiation of new construction projects, but funds have been provided for external reviews of the Department's facility acquisition processes and individual construction projects.
TITLE IV INDEPENDENT AGENCIES APPALACHIAN REGIONAL COMMISSION The conference agreement appropriates $170,000,000 instead of $160,000,000 as proposed by both the House and the Senate. The agreement includes $92,500,000 for the highway development program. In addition, the agreement includes $10,000,000 for ARC highways, to be allocated at the discretion of the ARC Federal Co-Chairman. DEFENSE NUCLEAR FACILITIES SAFETY BOARD The conference agreement appropriates $17,000,000 for the Defense Nuclear Facilities Safety Board instead of $16,000,000 as proposed by the House and $17,500,000 as proposed by the Senate. NUCLEAR REGULATORY COMMISSION salaries and expenses The conference agreement includes $468,000,000, instead of $462,700,000 as proposed by the House and $476,500,000 as proposed by the Senate. The conferees have provided $15,000,000, to be derived from the Nuclear Waste Fund, for the Commission's ongoing work to characterize Yucca Mountain as a potential site for a permanent nuclear waste repository. The conference agreement also includes $2,000,000, the amount provided by the House and Senate, for activities related to commercial vitrification at the Hanford site and $1,000,000, as provided by the House, for activities related to independent oversight of certain Department of Energy nuclear facilities. office of inspector general The conference agreement includes $4,800,000, the same amount provided by the House and Senate. NUCLEAR WASTE TECHNICAL REVIEW BOARD The conference agreement appropriates $2,600,000 instead of $2,400,000 as proposed by the House and $3,200,000 as proposed by the Senate. TENNESSEE VALLEY AUTHORITY The conference agreement includes $70,000,000 instead of $0 as proposed by the House and $86,000,000 as proposed by the Senate. The conference agreement includes language earmarking $6,900,000 for Land Between the Lakes. The agreement includes language proposed by the House providing for direct funding by TVA of its nonpower programs, amended to delay its implementation until fiscal year 1999. The conferees accept the Administration's proposal to terminate appropriated funding for TVA after fiscal year 1998. It is the view of the conferees that the environmental, stewardship, and economic development activities of the TVA have been of tremendous benefit to the Tennessee Valley region and have contributed substantially to the general prosperity of the country. It is possible, however, that other entities may be well suited to perform the vital public services currently provided by TVA. Accordingly, the Director of the Office of Management and Budget should undertake a review of the nonpower functions of the TVA to determine whether TVA or some other entity should be responsible for their continued execution. A report based on this review should accompany the fiscal year 1999 budget submission to Congress. The conferees direct that from non-appropriated funds, TVA shall relocate power lines in the area of the lake development proposed by Union County, Mississippi. The conferees also expect TVA to assist in the preparation of environmental impact statements where necessary. TITLE V GENERAL PROVISIONS Sec. 501. The conference agreement includes a provision proposed by the House in title III of the bill that none of the funds in this Act or any prior appropriations Act may be used in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate to Members of Congress as described in section 1913 of title 18, United States Code. The conferees direct each agency or department to notify the House and Senate Committee on Appropriations by January 15, 1998, of the actions taken to apprise its Federal and contractor employees of this provision. Sec. 502. The conference agreement includes language proposed by both the House and Senate regarding the purchase of American-made equipment and products, and prohibiting contracts with persons falsely labeling products as made in America. Sec. 503. The conference agreement includes language proposed by the House prohibiting the award of funds to institutions not in compliance with certain requirements regarding campus access for units of the Senior Reserve Officer Training Corps and Federal military recruitment personnel. Sec. 504. The conference agreement includes language proposed by the House prohibiting the use of funds to enter into or renew contracts with entities failing to comply with statutory reporting requirements concerning the employment of certain veterans. Sec. 505. The conference agreement includes language proposed by the House which provides that none of the funds made available by this Act may be used for the Animas-La Plata project in Colorado and New Mexico except for activities required to comply with the applicable provisions of current law and the continuation of activities pursuant to the Colorado Ute Indian Water Rights Settlement Act of 1988. Sec. 506. The conference agreement includes language proposed by the Senate which clarifies that the Albuquerque Metropolitan Area Water Reclamation and Reuse project is eligible for construction under Title XVI of the Reclamation Projects Authorization and Adjustment Act of 1992, Public Law 102-575, as amended. The language has been amended to make technical corrections. Sec. 507. The conference agreement includes language proposed by the Senate which amends the Yavapai-Prescott Indian Treaty Settlement Act of 1994 to increase the appropriations ceiling for the Chandler Pumping Plant feature of the Yakima River Basin Water Enhancement Project. Sec. 508. The conference agreement includes language proposed by the Senate regarding the construction of recreational features at the Stonewall Jackson Lake project in West Virginia. Sec. 509. The conference agreement includes a provision allowing the United States Enrichment Corporation (USEC) to transfer funds to the Department of Energy to be used for development and demonstration of the Atomic Vapor Laser Isotope Separation (AVLIS) technology for uranium enrichment. The funds to be transferred are to be derived from savings achieved by the USEC during fiscal year 1998, and the total amount obligated by the Department may not exceed $60,000,000. This provision will permit continued development of the AVLIS technology until the Corporation is sold. The provision is necessitated by the Administration's inability tosell the Corporation in accordance with the Administration's own schedule. Within 30 days of enactment of this Act, the Secretary of the Treasury is to provide to the Committees on Appropriations a report on the issues that must be resolved prior to sale of the Corporation and the date on which the Corporation will be sold. Sec. 510. The conference agreement includes language which provides that none of the funds made available by this Act may be used to determine the final point of discharge for the interceptor drain for the San Luis Unit of the Central Valley project until development by the Secretary of the Interior and the State of California of a plan, which shall conform to the water quality standards of the State of California as approved by the Administrator of the Environmental Protection Agency, to minimize any detrimental effect of the San Luis drainage waters. The language also provides that the costs of the Kesterson Reservoir Cleanup Program and the San Joaquin Valley Drainage Program shall be classified as reimbursable or non-reimbursable by the Secretary of the Interior as described in the Bureau of Reclamation report entitled, ``Repayment Report, Kesterson Reservoir Cleanup Program and San Joaquin Valley Drainage Program, February 1995'' and that any future obligation of funds for drainage service or drainage studies for the San Luis Unit shall be fully reimbursable by San Luis Unit beneficiaries pursuant to Reclamation law. Sec. 511. The conference agreement includes language amending the USEC Privatization Act to require the presence of an adequate number of security guards carrying sidearms to ensure maintenance of security at the gaseous diffusion plants. Sec. 512. High Flux Beam Reactor (HFBR) at Brookhaven National Laboratory--The conference agreement includes bill language prohibiting the use of funds in this or any other Act for the purpose of restarting the High Flux Reactor (HFBR). In fiscal year 1998, the Department of Energy is directed to drain the spent fuel pool, and may add a steel wall liner to the pool so that additional radioactive material may be removed without the threat of leakage. The Department of Energy is also directed to meet the requirements outlined in Suffolk County Sanitary Code Article 12, complete seismic upgrades, and seal the floor drain. The Department of Energy is also directed to undertake an environmental impact statement (EIS) with respect to the HFBR. The conferees expect that the EIS will be a comprehensive survey of any environmental hazards that the tritium leak or other contamination associated with the HFBR pose to the drinking water and health of the people in the surrounding communities, and that it will provide a detailed plan for remediation. The findings of the EIS and a plan for any necessary remediation shall be reported to Congress. Provisions not adopted by the conferees The conference agreement deletes language proposed by the Senate that authorized the Secretary of the Interior to use funds appropriated for the Bureau of Reclamation to enter into cooperative agreements with willing private landowners for restoration and enhancement of fish, wildlife, and other resources on public or private land within watersheds that contain Bureau of Reclamation projects. Conference Total--With Comparisons The total new budget (obligational) authority for the fiscal year 1998 recommended by the Committee of Conference, with comparisons to the fiscal year 1997 amount, the 1998 budget estimates, and the House and Senate bills for 1998 follow: New budget (obligational) authority, fiscal year 1997... $20,990,027,000 Budget estimates of new (obligational) authority, fiscal year 1998........................................... 23,047,903,000 House bill, fiscal year 1998............................ 20,416,989,000 Senate bill, fiscal year 1998........................... 21,209,623,000 Conference agreement, fiscal year 1998.................. 21,152,202,000 Conference agreement compared with: New budget (obligational) authority, fiscal year 1997................................. +162,175,000 Budget estimates of new (obligational) authority, fiscal year 1998............... -1,895,701,000 House bill, fiscal year 1998................ +735,213,000 Senate bill, fiscal year 1998............... -57,421,000 Joseph McDade, Harold Rogers, Joe Knollenberg, R.P. Frelinghuysen, Mike Parker, Sonny Callahan, Jay Dickey, Bob Livingston, Vic Fazio, Peter J. Visclosky, Chet Edwards, Ed Pastor, David R. Obey, Managers on the Part of the House. Pete V. Domenici, Thad Cochran, Slade Gorton, Mitch McConnell, Robert E. Bennett, Conrad Burns, Larry Craig, Ted Stevens, Harry Reid, Robert C. Byrd, Fritz Hollings, Patty Murray, Herb Kohl, Byron L. Dorgan, Daniel K. Inouye, Managers on the Part of the Senate.