104TH CONGRESS

1ST SESSION H. R. 1905

AN ACT

Making appropriations for energy and water devel1996, and for other purposes. opment for the fiscal year ending September 30,
104TH CONGRESS

1ST SESSION H. R. 1905

AN ACT

Making appropriations for energy and water development

for the fiscal year ending September 30, 1996, and for

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the
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1 fiscal year ending September 30, 1996, for energy and

2 water development, and for other purposes, namely:

3 TITLE I

4 DEPARTMENT OF DEFENSE—CIVIL

5 DEPARTMENT OF THE ARMY

6 CORPS OF ENGINEERS—CIVIL

7 The following appropriations shall be expended under

8 the direction of the Secretary of the Army and the super9 vision of the Chief of Engineers for authorized civil func10 tions of the Department of the Army pertaining to rivers

11 and harbors, flood control, beach erosion, and related pur12 poses.

13 GENERAL INVESTIGATIONS

14 For expenses necessary for the collection and study

15 of basic information pertaining to river and harbor, flood

16 control, shore protection, and related projects, restudy of

17 authorized projects, miscellaneous investigations, and,

18 when authorized by laws, surveys and detailed studies and

19 plans and specifications of projects prior to construction,

20 $129,906,000, to remain available until expended, of

21 which funds are provided for the following projects in the

22 amounts specified:

23 Norco Bluffs, California, $375,000;

24 Indianapolis Central Waterfront, Indiana,

25 $2,000,000;

26 Ohio River Greenway, Indiana, $1,000,000; and
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1 Mussers Dam, Middle Creek, Snyder County,

2 Pennsylvania, $300,000.

3 CONSTRUCTION, GENERAL

4 For the prosecution of river and harbor, flood control,

5 shore protection, and related projects authorized by laws;

6 and detailed studies, and plans and specifications, of

7 projects (including those for development with participa8 tion or under consideration for participation by States,

9 local governments, or private groups) authorized or made

10 eligible for selection by law (but such studies shall not con11 stitute a commitment of the Government to construction),

12 $807,846,000, to remain available until expended, of

13 which such sums as are necessary pursuant to Public Law

14 99–662 shall be derived from the Inland Waterways Trust

15 Fund, for one-half of the costs of construction and reha16 bilitation of inland waterways projects, including rehabili17 tation costs for the Lock and Dam 25, Mississippi River,

18 Illinois and Missouri, Lock and Dam 14, Mississippi

19 River, Iowa, Lock and Dam 24, Mississippi River, Illinois

20 and Missouri, and GIWW-Brazos River Floodgates,

21 Texas, projects, and of which funds are provided for the

22 following projects in the amounts specified:

23 Red River Emergency Bank Protection, Arkan24 sas and Louisiana, $6,600,000;
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1 Sacramento River Flood Control Project

2 (Glenn-Colusa Irrigation District), California,

3 $300,000;

4 San Timoteo Creek (Santa Ana River

5 Mainstem), California, $5,000,000;

6 Indiana Shoreline Erosion, Indiana,

7 $1,500,000;

8 Harlan (Levisa and Tug Forks of the Big

9 Sandy River and Upper Cumberland River), Ken10 tucky, $12,000,000;

11 Williamsburg (Levisa and Tug Forks of the Big

12 Sandy River and Upper Cumberland River), Ken13 tucky, $4,100,000;

14 Middlesboro (Levisa and Tug Forks of the Big

15 Sandy River and Upper Cumberland River), Ken16 tucky, $1,600,000;

17 Salyersville, Kentucky, $500,000;

18 Lake Pontchartrain and Vicinity (Hurricane

19 Protection), Louisiana, $11,848,000;

20 Red River below Denison Dam Levee and Bank

21 Stabilization, Louisiana, Arkansas, and Texas,

22 $3,800,000;

23 Broad Top Region, Pennsylvania, $4,100,000;

24 Glen Foerd, Pennsylvania, $200,000; and

25 Wallisville Lake, Texas, $5,000,000.
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1 FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBU2 TARIES, ARKANSAS, ILLINOIS, KENTUCKY, LOUISI3 ANA, MISSISSIPPI, MISSOURI, AND TENNESSEE

4 For expenses necessary for prosecuting work of flood

5 control, and rescue work, repair, restoration, or mainte6 nance of flood control projects threatened or destroyed by

7 flood, as authorized by law (33 U.S.C. 702a, 702g–1),

8 $307,885,000, to remain available until expended.

9 OPERATION AND MAINTENANCE, GENERAL

10 For expenses necessary for the preservation, oper11 ation, maintenance, and care of existing river and harbor,

12 flood control, and related works, including such sums as

13 may be necessary for the maintenance of harbor channels

14 provided by a State, municipality or other public agency,

15 outside of harbor lines, and serving essential needs of gen16 eral commerce and navigation; surveys and charting of

17 northern and northwestern lakes and connecting waters;

18 clearing and straightening channels; and removal of ob19 structions to navigation, $1,712,123,000, to remain avail20 able until expended, of which such sums as become avail21 able in the Harbor Maintenance Trust Fund, pursuant to

22 Public Law 99–662, may be derived from that fund, and

23 of which such sums as become available from the special

24 account established by the Land and Water Conservation

25 Act of 1965, as amended (16 U.S.C. 460l), may be derived

26 from that fund for construction, operation, and mainte-
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1 nance of outdoor recreation facilities: Provided, That not

2 to exceed $5,000,000 shall be available for obligation for

3 national emergency preparedness programs: Provided fur4 ther, That $5,926,000 of the funds appropriated herein

5 are provided for the Raystown Lake, Pennsylvania,

6 project.

7 REGULATORY PROGRAM

8 For expenses necessary for administration of laws

9 pertaining to regulation of navigable waters and wetlands,

10 $101,000,000, to remain available until expended.

11 FLOOD CONTROL AND COASTAL EMERGENCIES

12 For expenses necessary for emergency flood control,

13 hurricane, and shore protection activities, as authorized

14 by section 5 of the Flood Control Act approved August

15 18, 1941, as amended, $10,000,000, to remain available

16 until expended.

17 OIL SPILL RESEARCH

18 For expenses necessary to carry out the purposes of

19 the Oil Spill Liability Trust Fund, pursuant to Title VII

20 of the Oil Pollution Act of 1990, $850,000, to be derived

21 from the Fund and to remain available until expended.

22 GENERAL EXPENSES

23 For expenses necessary for general administration

24 and related functions in the Office of the Chief of Engi25 neers and offices of the Division Engineers; activities of

26 the Coastal Engineering Research Board, the Humphreys
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1 Engineer Center Support Activity, the Engineering Stra2 tegic Studies Center, and the Water Resources Support

3 Center, $150,000,000: Provided, That not to exceed

4 $60,000,000 of the funds provided in this Act shall be

5 available for general administration and related functions

6 in the Office of the Chief of Engineers: Provided further,

7 That no part of any other appropriation provided in title

8 I of this Act shall be available to fund the activities of

9 the Office of the Chief of Engineers or the executive direc10 tion and management activities of the Division Offices:

11 Provided further, That with funds provided herein and not12 withstanding any other provision of law, the Secretary of

13 the Army shall develop and submit to the Congress within

14 60 days of enactment of this Act, a plan which reduces

15 the number of division offices within the United States

16 Army Corps of Engineers to no less than 6 and no more

17 than 8, with each division responsible for at least 4 district

18 offices, but does not close or change the function of any

19 district office: Provided further, That notwithstanding any

20 other provision of law, the Secretary of the Army is di21 rected to begin implementing the division office plan on

22 August 15, 1996, and such plan shall be implemented

23 prior to October 1, 1997.

24 ADMINISTRATIVE PROVISIONS

25 Appropriations in this title shall be available for offi26 cial reception and representation expenses (not to exceed
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1 $5,000); and during the current fiscal year the revolving

2 fund, Corps of Engineers, shall be available for purchase

3 (not to exceed 100 for replacement only) and hire of pas4 senger motor vehicles.

5 GENERAL PROVISION

6 CORPS OF ENGINEERS—CIVIL

7 SEC. 101. (a) In fiscal year 1996, the Secretary of

8 the Army shall advertise for competitive bid at least

9 7,500,000 cubic yards of the hopper dredge volume accom10 plished with government-owned dredges in fiscal year

11 1992.

12 (b) Notwithstanding the provisions of this section, the

13 Secretary is authorized to use the dredge fleet of the Corps

14 of Engineers to undertake projects when industry does not

15 perform as required by the contract specifications or when

16 the bids are more than 25 percent in excess of what the

17 Secretary determines to be a fair and reasonable estimated

18 cost of a well equipped contractor doing the work or to

19 respond to emergency requirements.

20 (c) None of the funds appropriated herein or other21 wise made available to the Army Corps of Engineers, in22 cluding amounts contained in the Revolving Fund of the

23 Army Corps of Engineers, may be used to study, design

24 or undertake improvement or major repair of the Federal

25 vessel, MCFARLAND.
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1 SEC. 102. (a) SAND AND STONE CAP IN NAVIGATION

2 PROJECT AT MANISTIQUE HARBOR, MICHIGAN.—The

3 project for navigation, Manistique Harbor, Schoolcraft

4 County, Michigan, authorized by the first section of the

5 Act entitled ‘‘An Act making appropriations for the con6 struction, repair, and preservation of certain public works

7 on rivers and harbors, and for other purposes’’, approved

8 March 3, 1905 (33 Stat. 1136), is modified to permit in9 stallation of a sand and stone cap over sediments affected

10 by polychlorinated biphenyls in accordance with an admin11 istrative order of the Environmental Protection Agency.

12 (b) PROJECT DEPTH.—

13 (1) IN GENERAL.—Except as provided in para14 graph (2), the project described in subsection (a) is

15 modified to provide for an authorized depth of 18

16 feet.

17 (2) EXCEPTION.—The authorized depth shall be

18 12.5 feet in the areas where the sand and stone cap

19 described in subsection (a) will be placed within the

20 following coordinates: 4220N–2800E to 4220N–

21 3110E to 3980N–3260E to 3190N–3040E to

22 2960N–2560E to 3150N–2300E to 3680N–2510E

23 to 3820N–2690E and back to 4220N–2800E.

24 (c) HARBOR OF REFUGE.—The project described in

25 subsection (a), including the breakwalls, pier, and author-
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1 ized depth of the project (as modified by subsection (b)),

2 shall continue to be maintained as a harbor of refuge.

3 TITLE II

4 DEPARTMENT OF THE INTERIOR

5 CENTRAL UTAH PROJECT

6 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

7 For the purpose of carrying out provisions of the

8 Central Utah Project Completion Act, Public Law 102–

9 575 (106 Stat. 4605), and for feasibility studies of alter10 natives to the Uintah and Upalco Units, $42,893,000, to

11 remain available until expended, of which $23,503,000

12 shall be deposited into the Utah Reclamation Mitigation

13 and Conservation Account: Provided, That of the amounts

14 deposited into the Account, $5,000,000 shall be considered

15 the Federal Contribution authorized by paragraph

16 402(b)(2) of the Act and $18,503,000 shall be available

17 to the Utah Reclamation Mitigation and Conservation

18 Commission to carry out activities authorized under the

19 Act.

20 In addition, for necessary expenses incurred in carry21 ing out responsibilities of the Secretary of the Interior

22 under the Act, $1,246,000, to remain available until ex23 pended.
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1 BUREAU OF RECLAMATION

2 For carrying out the functions of the Bureau of Rec3 lamation as provided in the Federal reclamation laws (Act

4 of June 17, 1902, 32 Stat. 388, and Acts amendatory

5 thereof or supplementary thereto) and other Acts applica6 ble to that Bureau as follows:

7 GENERAL INVESTIGATIONS

8 For engineering and economic investigations of pro9 posed Federal reclamation projects and studies of water

10 conservation and development plans and activities prelimi11 nary to the reconstruction, rehabilitation and betterment,

12 financial adjustment, or extension of existing projects, to

13 remain available until expended, $13,114,000: Provided,

14 That, of the total appropriated, the amount for program

15 activities which can be financed by the reclamation fund

16 shall be derived from that fund: Provided further, That

17 funds contributed by non-Federal entities for purposes

18 similar to this appropriation shall be available for expendi19 ture for the purposes for which contributed as though spe20 cifically appropriated for said purposes, and such amounts

21 shall remain available until expended.

22 CONSTRUCTION PROGRAM

23 (INCLUDING TRANSFER OF FUNDS)

24 For construction and rehabilitation of projects and

25 parts thereof (including power transmission facilities for

26 Bureau of Reclamation use) and for other related activi-
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1 ties as authorized by law, to remain available until ex2 pended, $417,301,000, of which $27,049,000 shall be

3 available for transfer to the Upper Colorado River Basin

4 Fund authorized by section 5 of the Act of April 11, 1956

5 (43 U.S.C. 620d), and $94,225,000 shall be available for

6 transfer to the Lower Colorado River Basin Development

7 Fund authorized by section 403 of the Act of September

8 30, 1968 (43 U.S.C. 1543), and such amounts as may

9 be necessary shall be considered as though advanced to

10 the Colorado River Dam Fund for the Boulder Canyon

11 Project as authorized by the Act of December 21, 1928,

12 as amended: Provided, That of the total appropriated, the

13 amount for program activities which can be financed by

14 the reclamation fund shall be derived from that fund: Pro15 vided further, That transfers to the Upper Colorado River

16 Basin Fund and Lower Colorado River Basin Develop17 ment Fund may be increased or decreased by transfers

18 within the overall appropriation under this heading: Pro19 vided further, That funds contributed by non-Federal enti20 ties for purposes similar to this appropriation shall be

21 available for expenditure for the purposes for which con22 tributed as though specifically appropriated for said pur23 poses, and such funds shall remain available until ex24 pended: Provided further, That all costs of the safety of

25 dams modification work at Coolidge Dam, San Carlos Irri-
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1 gation Project, Arizona, performed under the authority of

2 the Reclamation Safety of Dams Act of 1978 (43 U.S.C.

3 506), as amended, are in addition to the amount author4 ized in section 5 of said Act.

5 OPERATION AND MAINTENANCE

6 For operation and maintenance of reclamation

7 projects or parts thereof and other facilities, as authorized

8 by law; and for a soil and moisture conservation program

9 on lands under the jurisdiction of the Bureau of Reclama10 tion, pursuant to law, to remain available until expended,

11 $278,759,000: Provided, That of the total appropriated,

12 the amount for program activities which can be financed

13 by the reclamation fund shall be derived from that fund,

14 and the amount for program activities which can be de15 rived from the special fee account established pursuant to

16 the Act of December 22, 1987 (16 U.S.C. 460l–6a, as

17 amended), may be derived from that fund: Provided fur18 ther, That funds advanced by water users for operation

19 and maintenance of reclamation projects or parts thereof

20 shall be deposited to the credit of this appropriation and

21 may be expended for the same purpose and in the same

22 manner as sums appropriated herein may be expended,

23 and such advances shall remain available until expended:

24 Provided further, That revenues in the Upper Colorado

25 River Basin Fund shall be available for performing exam-
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1 ination of existing structures on participating projects of

2 the Colorado River Storage Project.

3 BUREAU OF RECLAMATION LOAN PROGRAM ACCOUNT

4 For the cost of direct loans and/or grants,

5 $11,243,000, to remain available until expended, as au6 thorized by the Small Reclamation Projects Act of August

7 6, 1956, as amended (43 U.S.C. 422a–422l): Provided,

8 That such costs, including the cost of modifying such

9 loans, shall be as defined in section 502 of the Congres10 sional Budget Act of 1974: Provided further, That these

11 funds are available to subsidize gross obligations for the

12 principal amount of direct loans not to exceed

13 $37,000,000.

14 In addition, for administrative expenses necessary to

15 carry out the program for direct loans and/or grants,

16 $425,000: Provided, That of the total sums appropriated,

17 the amount of program activities which can be financed

18 by the reclamation fund shall be derived from the fund.

19 CENTRAL VALLEY PROJECT RESTORATION FUND

20 For carrying out the programs, projects, plans, and

21 habitat restoration, improvement, and acquisition provi22 sions of the Central Valley Project Improvement Act, to

23 remain available until expended, such sums as may be col24 lected in the Central Valley Project Restoration Fund pur25 suant to sections 3407(d), 3404(c)(3), 3405(f) and

26 3406(c)(1) of Public Law 102–575: Provided, That the
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1 Bureau of Reclamation is directed to levy additional miti2 gation and restoration payments totaling $30,000,000

3 (October 1992 price levels) on a three-year rolling average

4 basis, as authorized by section 3407(d) of Public Law

5 102–575.

6 GENERAL ADMINISTRATIVE EXPENSES

7 For necessary expenses of general administration and

8 related functions in the office of the Commissioner, the

9 Denver office, and offices in the five regions of the Bureau

10 of Reclamation, $48,150,000, of which $1,400,000 shall

11 remain available until expended, the total amount to be

12 derived from the reclamation fund and to be

13 nonreimbursable pursuant to the Act of April 19, 1945

14 (43 U.S.C. 377): Provided, That no part of any other ap15 propriation in this Act shall be available for activities or

16 functions budgeted for the current fiscal year as general

17 administrative expenses.

18 SPECIAL FUNDS

19 (TRANSFER OF FUNDS)

20 Sums herein referred to as being derived from the

21 reclamation fund or special fee account are appropriated

22 from the special funds in the Treasury created by the Act

23 of June 17, 1902 (43 U.S.C. 391) or the Act of December

24 22, 1987 (16 U.S.C. 460l–6a, as amended), respectively.

25 Such sums shall be transferred, upon request of the Sec26 retary, to be merged with and expended under the heads
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1 herein specified; and the unexpended balances of sums

2 transferred for expenditure under the head ‘‘General Ad3 ministrative Expenses’’ shall revert and be credited to the

4 reclamation fund.

5 ADMINISTRATIVE PROVISION

6 Appropriations for the Bureau of Reclamation shall

7 be available for purchase of not to exceed 9 passenger

8 motor vehicles for replacement only.

9 TITLE III

10 DEPARTMENT OF ENERGY

11 ENERGY SUPPLY, RESEARCH AND DEVELOPMENT

12 ACTIVITIES

13 For expenses of the Department of Energy activities

14 including the purchase, construction and acquisition of

15 plant and capital equipment and other expenses incidental

16 thereto necessary for energy supply, research and develop17 ment activities, and other activities in carrying out the

18 purposes of the Department of Energy Organization Act

19 (42 U.S.C. 7101, et seq.), including the acquisition or con20 demnation of any real property or any facility or for plant

21 or facility acquisition, construction, or expansion; pur22 chase of passenger motor vehicles (not to exceed 25, of

23 which 19 are for replacement only), $2,576,700,000 (less

24 $1,000,000), to remain available until expended: Provided,

25 That, of such amount, $44,772,000 shall be available to
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1 implement the provisions of section 1211 of the Energy

2 Policy Act of 1992 (42 U.S.C. 13316).

3 URANIUM SUPPLY AND ENRICHMENT ACTIVITIES

4 For expenses of the Department of Energy in connec5 tion with operating expenses; the purchase, construction,

6 and acquisition of plant and capital equipment and other

7 expenses incidental thereto necessary for uranium supply

8 and enrichment activities in carrying out the purposes of

9 the Department of Energy Organization Act (42 U.S.C.

10 7101, et seq.) and the Energy Policy Act (Public Law

11 102–486, section 901), including the acquisition or con12 demnation of any real property or any facility or for plant

13 or facility acquisition, construction, or expansion; pur14 chase of electricity as necessary; $64,197,000, to remain

15 available until expended: Provided, That revenues received

16 by the Department for uranium programs and estimated

17 to total $34,903,000 in fiscal year 1996 shall be retained

18 and used for the specific purpose of offsetting costs in19 curred by the Department for such activities notwith20 standing the provisions of 31 U.S.C. 3302(b) and 42

21 U.S.C. 2296(b)(2): Provided further, That the sum herein

22 appropriated shall be reduced as revenues are received

23 during fiscal year 1996 so as to result in a final fiscal

24 year 1996 appropriation estimated at not more than

25 $29,294,000.
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1 URANIUM ENRICHMENT DECONTAMINATION AND

2 DECOMMISSIONING FUND

3 For necessary expenses in carrying out uranium en4 richment facility decontamination and decommissioning,

5 remedial actions and other activities of title II of the

6 Atomic Energy Act of 1954 and title X, subtitle A of the

7 Energy Policy Act of 1992, $278,807,000, to be derived

8 from the fund, to remain available until expended: Pro9 vided, That at least $42,000,000 of amounts derived from

10 the fund for such expenses shall be expended in accord11 ance with title X, subtitle A, of the Energy Policy Act

12 of 1992.

13 GENERAL SCIENCE AND RESEARCH ACTIVITIES

14 For expenses of the Department of Energy activities

15 including the purchase, construction and acquisition of

16 plant and capital equipment and other expenses incidental

17 thereto necessary for general science and research activi18 ties in carrying out the purposes of the Department of

19 Energy Organization Act (42 U.S.C. 7101, et seq.), in20 cluding the acquisition or condemnation of any real prop21 erty or facility or for plant or facility acquisition, construc22 tion, or expansion; purchase of passenger motor vehicles

23 (not to exceed 12 for replacement only), $991,000,000,

24 to remain available until expended.
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1 NUCLEAR WASTE DISPOSAL FUND

2 For nuclear waste disposal activities to carry out the

3 purposes of Public Law 97–425, as amended, including

4 the acquisition of real property or facility construction or

5 expansion, $226,600,000, to remain available until ex6 pended, to be derived from the Nuclear Waste Fund.

7 ATOMIC ENERGY DEFENSE ACTIVITIES

8 WEAPONS ACTIVITIES

9 For Department of Energy expenses, including the

10 purchase, construction and acquisition of plant and capital

11 equipment and other incidental expenses necessary for

12 atomic energy defense weapons activities in carrying out

13 the purposes of the Department of Energy Organization

14 Act (42 U.S.C. 7101, et seq.), including the acquisition

15 or condemnation of any real property or any facility or

16 for plant or facility acquisition, construction, or expansion;

17 and the purchase of passenger motor vehicles (not to ex18 ceed 79, of which 76 are for replacement only, including

19 one police-type vehicle), $3,273,014,000, to remain avail20 able until expended.

21 DEFENSE ENVIRONMENTAL RESTORATION AND WASTE

22 MANAGEMENT

23 For Department of Energy expenses, including the

24 purchase, construction and acquisition of plant and capital

25 equipment and other incidental expenses necessary for

26 atomic energy defense environmental restoration and
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1 waste management activities in carrying out the purposes

2 of the Department of Energy Organization Act (42 U.S.C.

3 7101, et seq.), including the acquisition or condemnation

4 of any real property or any facility or for plant or facility

5 acquisition, construction, or expansion; and the purchase

6 of passenger motor vehicles (not to exceed 7 for replace7 ment only), $5,265,478,000, to remain available until ex8 pended.

9 OTHER DEFENSE ACTIVITIES

10 For Department of Energy expenses, including the

11 purchase, construction and acquisition of plant and capital

12 equipment and other incidental expenses necessary for

13 atomic energy defense, other defense activities in carrying

14 out the purposes of the Department of Energy Organiza15 tion Act (42 U.S.C. 7101, et seq.), including the acquisi16 tion or condemnation of any real property or any facility

17 or for plant or facility acquisition, construction, or expan18 sion $1,323,841,000, to remain available until expended.

19 DEFENSE NUCLEAR WASTE DISPOSAL

20 For nuclear waste disposal activities to carry out the

21 purposes of Public Law 97–425, as amended, including

22 the acquisition of real property or facility construction or

23 expansion, $198,400,000, to remain available until ex24 pended.
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1 DEPARTMENTAL ADMINISTRATION

2 For salaries and expenses of the Department of En3 ergy necessary for Departmental Administration and other

4 activities in carrying out the purposes of the Department

5 of Energy Organization Act (42 U.S.C. 7101, et seq.), in6 cluding the hire of passenger motor vehicles and official

7 reception and representation expenses (not to exceed

8 $35,000), $362,250,000, to remain available until ex9 pended, plus such additional amounts as necessary to

10 cover increases in the estimated amount of cost of work

11 for others notwithstanding the provisions of the Anti-Defi12 ciency Act (31 U.S.C. 1511, et seq.): Provided, That such

13 increases in cost of work are offset by revenue increases

14 of the same or greater amount, to remain available until

15 expended: Provided further, That moneys received by the

16 Department for miscellaneous revenues estimated to total

17 $122,306,000 in fiscal year 1996 may be retained and

18 used for operating expenses within this account, and may

19 remain available until expended, as authorized by section

20 201 of Public Law 95–238, notwithstanding the provisions

21 of section 3302 of title 31, United States Code: Provided

22 further, That the sum herein appropriated shall be reduced

23 by the amount of miscellaneous revenues received during

24 fiscal year 1996 so as to result in a final fiscal year 1996

25 appropriation estimated at not more than $239,944,000.
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1 OFFICE OF THE INSPECTOR GENERAL

2 For necessary expenses of the Office of the Inspector

3 General in carrying out the provisions of the Inspector

4 General Act of 1978, as amended, $26,000,000, to remain

5 available until expended.

6 POWER MARKETING ADMINISTRATIONS

7 OPERATION AND MAINTENANCE, ALASKA POWER

8 ADMINISTRATION

9 For necessary expenses of operation and maintenance

10 of projects in Alaska and of marketing electric power and

11 energy, $4,260,000, to remain available until expended.

12 BONNEVILLE POWER ADMINISTRATION FUND

13 Expenditures from the Bonneville Power Administra14 tion Fund, established pursuant to Public Law 93–454,

15 are approved for official reception and representation ex16 penses in an amount not to exceed $3,000.

17 During fiscal year 1996, no new direct loan obliga18 tions may be made.

19 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

20 ADMINISTRATION

21 For necessary expenses of operation and maintenance

22 of power transmission facilities and of marketing electric

23 power and energy pursuant to the provisions of section

24 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as
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1 applied to the southeastern power area, $19,843,000, to

2 remain available until expended.

3 OPERATION AND MAINTENANCE, SOUTHWESTERN

4 POWER ADMINISTRATION

5 For necessary expenses of operation and maintenance

6 of power transmission facilities and of marketing electric

7 power and energy, and for construction and acquisition of

8 transmission lines, substations and appurtenant facilities,

9 and for administrative expenses, including official recep10 tion and representation expenses in an amount not to ex11 ceed $1,500 connected therewith, in carrying out the pro12 visions of section 5 of the Flood Control Act of 1944 (16

13 U.S.C. 825s), as applied to the southwestern power area,

14 $29,778,000, to remain available until expended; in addi15 tion, notwithstanding the provisions of 31 U.S.C. 3302,

16 not to exceed $4,272,000 in reimbursements, to remain

17 available until expended.

18 CONSTRUCTION, REHABILITATION, OPERATION AND

19 MAINTENANCE, WESTERN AREA POWER ADMINIS20 TRATION

21 (INCLUDING TRANSFER OF FUNDS)

22 For carrying out the functions authorized by title III,

23 section 302(a)(1)(E) of the Act of August 4, 1977 (42

24 U.S.C. 7101, et seq.), and other related activities includ25 ing conservation and renewable resources programs as au-
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1 thorized, including official reception and representation

2 expenses in an amount not to exceed $1,500,

3 $257,652,000, to remain available until expended, of

4 which $245,151,000 shall be derived from the Department

5 of the Interior Reclamation fund: Provided, That of the

6 amount herein appropriated, $5,283,000 is for deposit

7 into the Utah Reclamation Mitigation and Conservation

8 Account pursuant to title IV of the Reclamation Projects

9 Authorization and Adjustment Act of 1992: Provided fur10 ther, That the Secretary of the Treasury is authorized to

11 transfer from the Colorado River Dam Fund to the West12 ern Area Power Administration $4,556,000 to carry out

13 the power marketing and transmission activities of the

14 Boulder Canyon project as provided in section 104(a)(4)

15 of the Hoover Power Plant Act of 1984, to remain avail16 able until expended.

17 FALCON AND AMISTAD OPERATING AND MAINTENANCE

18 FUND

19 For operation, maintenance, and emergency costs for

20 the hydroelectric facilities at the Falcon and Amistad

21 Dams, $1,000,000, to remain available until expended and

22 to be derived from the Falcon and Amistad Operating and

23 Maintenance Fund of the Western Area Power Adminis24 tration, as provided in section 423 of the Foreign Rela25 tions Authorization Act, fiscal years 1994 and 1995.
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1 FEDERAL ENERGY REGULATORY COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Federal Energy Regu4 latory Commission to carry out the provisions of the De5 partment of Energy Organization Act (42 U.S.C. 7101,

6 et seq.), including services as authorized by 5 U.S.C.

7 3109, including the hire of passenger motor vehicles; offi8 cial reception and representation expenses (not to exceed

9 $3,000); $132,290,000, to remain available until ex10 pended: Provided, That notwithstanding any other provi11 sion of law, not to exceed $132,290,000 of revenues from

12 fees and annual charges, and other services and collections

13 in fiscal year 1996, shall be retained and used for nec14 essary expenses in this account, and shall remain available

15 until expended: Provided further, That the sum herein ap16 propriated shall be reduced as revenues are received dur17 ing fiscal year 1996 so as to result in a final fiscal year

18 1996 appropriation estimated at not more than $0.

19 TITLE IV

20 INDEPENDENT AGENCIES

21 APPALACHIAN REGIONAL COMMISSION

22 For expenses necessary to carry out the programs au23 thorized by the Appalachian Regional Development Act of

24 1965, as amended, notwithstanding section 405 of said

25 Act, and for necessary expenses for the Federal Co-Chair-
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1 man and the alternate on the Appalachian Regional Com2 mission and for payment of the Federal share of the ad3 ministrative expenses of the Commission, including serv4 ices as authorized by section 3109 of title 5, United States

5 Code, and hire of passenger motor vehicles, to remain

6 available until expended, $142,000,000.

7 DEFENSE NUCLEAR FACILITIES SAFETY

8 BOARD

9 SALARIES AND EXPENSES

10 For necessary expenses of the Defense Nuclear Fa11 cilities Safety Board in carrying out activities authorized

12 by the Atomic Energy Act of 1954, as amended by Public

13 Law 100–456, section 1441, $17,000,000, to remain

14 available until expended.

15 NUCLEAR REGULATORY COMMISSION

16 SALARIES AND EXPENSES

17 (INCLUDING TRANSFER OF FUNDS)

18 For necessary expenses of the Commission in carry19 ing out the purposes of the Energy Reorganization Act

20 of 1974, as amended, and the Atomic Energy Act of 1954,

21 as amended, including the employment of aliens; services

22 authorized by section 3109 of title 5, United States Code;

23 publication and dissemination of atomic information; pur24 chase, repair, and cleaning of uniforms, official represen25 tation expenses (not to exceed $20,000); reimbursements
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1 to the General Services Administration for security guard

2 services; hire of passenger motor vehicles and aircraft,

3 $468,300,000, to remain available until expended, of

4 which $11,000,000 shall be derived from the Nuclear

5 Waste Fund: Provided, That from this appropriation,

6 transfer of sums may be made to other agencies of the

7 Government for the performance of the work for which

8 this appropriation is made, and in such cases the sums

9 so transferred may be merged with the appropriation to

10 which transferred: Provided further, That moneys received

11 by the Commission for the cooperative nuclear safety re12 search program, services rendered to foreign governments

13 and international organizations, and the material and in14 formation access authorization programs, including crimi15 nal history checks under section 149 of the Atomic Energy

16 Act of 1954, as amended, may be retained and used for

17 salaries and expenses associated with those activities, not18 withstanding 31 U.S.C. 3302, and shall remain available

19 until expended: Provided further, That revenues from li20 censing fees, inspection services, and other services and

21 collections estimated at $457,300,000 in fiscal year 1996

22 shall be retained and used for necessary salaries and ex23 penses in this account, notwithstanding 31 U.S.C. 3302,

24 and shall remain available until expended: Provided fur25 ther, That the sum herein appropriated shall be reduced
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1 by the amount of revenues received during fiscal year

2 1996 from licensing fees, inspection services and other

3 services and collections, excluding those moneys received

4 for the cooperative nuclear safety research program, serv5 ices rendered to foreign governments and international or6 ganizations, and the material and information access au7 thorization programs, so as to result in a final fiscal year

8 1996 appropriation estimated at not more than

9 $11,000,000.

10 OFFICE OF INSPECTOR GENERAL

11 (INCLUDING TRANSFER OF FUNDS)

12 For necessary expenses of the Office of Inspector

13 General in carrying out the provisions of the Inspector

14 General Act of 1978, as amended, including services au15 thorized by section 3109 of title 5, United States Code,

16 $5,000,000, to remain available until expended; and in ad17 dition, an amount not to exceed 5 percent of this sum may

18 be transferred from Salaries and Expenses, Nuclear Regu19 latory Commission: Provided, That notice of such trans20 fers shall be given to the Committees on Appropriations

21 of the House and Senate: Provided further, That from this

22 appropriation, transfers of sums may be made to other

23 agencies of the Government for the performance of the

24 work for which this appropriation is made, and in such

25 cases the sums so transferred may be merged with the
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1 appropriation to which transferred: Provided further, That

2 revenues from licensing fees, inspection services, and other

3 services and collections shall be retained and used for nec4 essary salaries and expenses in this account, notwithstand5 ing 31 U.S.C. 3302, and shall remain available until ex6 pended: Provided further, That the sum herein appro7 priated shall be reduced by the amount of revenues re8 ceived during fiscal year 1996 from licensing fees, inspec9 tion services, and other services and collections, so as to

10 result in a final fiscal year 1996 appropriation estimated

11 at not more than $0.

12 NUCLEAR WASTE TECHNICAL REVIEW BOARD

13 SALARIES AND EXPENSES

14 (INCLUDING TRANSFER OF FUNDS)

15 For necessary expenses of the Nuclear Waste Tech16 nical Review Board, as authorized by Public Law 100–

17 203, section 5051, $2,531,000, to be transferred from the

18 Nuclear Waste Fund and to remain available until ex19 pended.

20 TENNESSEE VALLEY AUTHORITY

21 TENNESSEE VALLEY AUTHORITY FUND

22 For the purpose of carrying out the provisions of the

23 Tennessee Valley Authority Act of 1933, as amended (16

24 U.S.C. ch. 12A), including purchase, hire, maintenance,

25 and operation of aircraft, and purchase and hire of pas-
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1 senger motor vehicles, $103,339,000, to remain available

2 until expended.

3 TITLE V

4 GENERAL PROVISIONS

5 SEC. 501. Sec. 505 of Public Law 102–377, the Fis6 cal Year 1993 Energy and Water Development Appropria7 tions Act, and section 208 of Public Law 99–349, the Ur8 gent Supplemental Appropriations Act, 1986, are re9 pealed.

10 SEC. 502. Sec. 510 of Public Law 101–514, the Fis11 cal Year 1991 Energy and Water Development Appropria12 tions Act, is repealed.

13 SEC. 503. Without fiscal year limitation and notwith14 standing section 502(b)(5) of the Nuclear Waste Policy

15 Act, as amended, or any other provision of law, a member

16 of the Nuclear Waste Technical Review Board whose term

17 has expired may continue to serve as a member of the

18 Board until such member’s successor has taken office.

19 SEC. 504. None of the funds made available in this

20 Act may be used for any program, project, or activity,

21 when it is made known to the Federal entity or official

22 to which the funds are made available that the program,

23 project, or activity is not in compliance with any applicable

24 Federal law relating to risk assessment, the protection of

25 private property rights, or unfunded mandates.
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1 SEC. 505. (a) PURCHASE OF AMERICAN-MADE

2 EQUIPMENT AND PRODUCTS.—It is the sense of the Con3 gress that, to the greatest extent practicable, all equip4 ment and products purchased with funds made available

5 in this Act should be American-made.

6 (b) NOTICE REQUIREMENT.—In providing financial

7 assistance to, or entering into any contract with, any en8 tity using funds made available in this Act, the head of

9 each Federal agency, to the greatest extent practicable,

10 shall provide to such entity a notice describing the state11 ment made in subsection (a) by the Congress.

12 SEC. 506. None of the funds made available in this

13 Act may be used to revise the Missouri River Master

14 Water Control Manual when it is made known to the Fed15 eral entity or official to which the funds are made available

16 that such revision provides for an increase in the spring17 time water release program during the spring heavy rain18 fall and snow melt period in States that have rivers drain19 ing into the Missouri River below the Gavins Point Dam.

20 SEC. 507. The amount otherwise provided in this Act

21 for the following account is hereby reduced by the follow22 ing amount:

23 (1) ‘‘Nuclear Waste Disposal Fund’’, aggregate

24 amount, $1,000.
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1 SEC. 508. None of the funds made available in this

2 Act for the Army Corps of Engineers Upper Mississippi

3 River-Illinois Waterway System Navigation Study may be

4 used to study any portion of the Upper Mississippi River

5 located above Lock and Dam 14 at Moline, Illinois, and

6 Bettendorf, Iowa, except that the limitation in this section

7 shall not apply to the conducting of any system-wide envi8 ronmental baseline study pursuant to the National Envi9 ronmental Policy Act.

10 This Act may be cited as the ‘‘Energy and Water De11 velopment Appropriations Act, 1996’’.

Passed the House of Representatives July 12, 1995.

Attest:

Clerk.