IB

Union Calendar No. 69

104TH CONGRESS

1ST SESSION H. R. 1905

[Report No. 104–149]

Making appropriations for energy and water development for the fiscal year

ending September 30, 1996, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 20, 1995

Mr. MYERS, from the Committee on Appropriations, reported the following

bill; which was committed to the Committee of the Whole House on the

State of the Union and ordered to be printed

A BILL

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

5 fiscal year ending September 30, 1996, for energy and

6 water development, and for other purposes, namely:
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1 TITLE I

2 DEPARTMENT OF DEFENSE—CIVIL

3 DEPARTMENT OF THE ARMY

4 CORPS OF ENGINEERS—CIVIL

5 The following appropriations shall be expended under

6 the direction of the Secretary of the Army and the super7 vision of the Chief of Engineers for authorized civil func8 tions of the Department of the Army pertaining to rivers

9 and harbors, flood control, beach erosion, and related pur10 poses.

11 GENERAL INVESTIGATIONS

12 For expenses necessary for the collection and study

13 of basic information pertaining to river and harbor, flood

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

15 authorized projects, miscellaneous investigations, and,

16 when authorized by laws, surveys and detailed studies and

17 plans and specifications of projects prior to construction,

18 $129,906,000, to remain available until expended, of

19 which funds are provided for the following projects in the

20 amounts specified:

21 Norco Bluffs, California, $375,000;

22 Indianapolis Central Waterfront, Indiana,

23 $2,000,000;

24 Ohio River Greenway, Indiana, $1,000,000; and

25 Mussers Dam, Middle Creek, Snyder County,

26 Pennsylvania, $300,000.
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1 CONSTRUCTION, GENERAL

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

3 shore protection, and related projects authorized by laws;

4 and detailed studies, and plans and specifications, of

5 projects (including those for development with participa6 tion or under consideration for participation by States,

7 local governments, or private groups) authorized or made

8 eligible for selection by law (but such studies shall not con9 stitute a commitment of the Government to construction),

10 $807,846,000, to remain available until expended, of

11 which such sums as are necessary pursuant to Public Law

12 99–662 shall be derived from the Inland Waterways Trust

13 Fund, for one-half of the costs of construction and reha14 bilitation of inland waterways projects, including rehabili15 tation costs for the Lock and Dam 25, Mississippi River,

16 Illinois and Missouri, Lock and Dam 14, Mississippi

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

18 and Missouri, and GIWW-Brazos River Floodgates,

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

20 following projects in the amounts specified:

21 Red River Emergency Bank Protection, Arkan22 sas and Louisiana, $6,600,000;

23 Sacramento River Flood Control Project

24 (Glenn-Colusa Irrigation District), California,

25 $300,000;
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1 San Timoteo Creek (Santa Ana River

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

3 Indiana Shoreline Erosion, Indiana,

4 $1,500,000;

5 Harlan (Levisa and Tug Forks of the Big

6 Sandy River and Upper Cumberland River), Ken7 tucky, $12,000,000;

8 Williamsburg (Levisa and Tug Forks of the Big

9 Sandy River and Upper Cumberland River), Ken10 tucky, $4,100,000;

11 Middlesboro (Levisa and Tug Forks of the Big

12 Sandy River and Upper Cumberland River), Ken13 tucky, $1,600,000;

14 Salyersville, Kentucky, $500,000;

15 Lake Pontchartrain and Vicinity (Hurricane

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

17 Red River below Denison Dam Levee and Bank

18 Stabilization, Louisiana, Arkansas, and Texas,

19 $3,800,000;

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

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

22 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: Provided further, That the Secretary of the Army

7 is authorized to transfer an appropriate amount of land

8 at the Cooper Lake and Channels, Texas, project, not to

9 exceed 300 acres, from mitigation or low-density recre10 ation to high-density recreation, and is further authorized

11 to take whatever actions are necessary, including the ac12 quisition of additional mitigation lands, to accomplish

13 such transfer.

14 REGULATORY PROGRAM

15 For expenses necessary for administration of laws

16 pertaining to regulation of navigable waters and wetlands,

17 $101,000,000, to remain available until expended.

18 FLOOD CONTROL AND COASTAL EMERGENCIES

19 For expenses necessary for emergency flood control,

20 hurricane, and shore protection activities, as authorized

21 by section 5 of the Flood Control Act approved August

22 18, 1941, as amended, $10,000,000, to remain available

23 until expended.

24 OIL SPILL RESEARCH

25 For expenses necessary to carry out the purposes of

26 the Oil Spill Liability Trust Fund, pursuant to Title VII
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1 of the Oil Pollution Act of 1990, $850,000, to be derived

2 from the Fund and to remain available until expended.

3 GENERAL EXPENSES

4 For expenses necessary for general administration

5 and related functions in the Office of the Chief of Engi6 neers and offices of the Division Engineers; activities of

7 the Coastal Engineering Research Board, the Humphreys

8 Engineer Center Support Activity, the Engineering Stra9 tegic Studies Center, and the Water Resources Support

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

11 $60,000,000 of the funds provided in this Act shall be

12 available for general administration and related functions

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

14 That no part of any other appropriation provided in title

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

16 the Office of the Chief of Engineers or the executive direc17 tion and management activities of the Division Offices:

18 Provided further, That with funds provided herein and not19 withstanding any other provision of law, the Secretary of

20 the Army shall develop and submit to the Congress within

21 60 days of enactment of this Act, a plan which reduces

22 the number of division offices within the United States

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

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

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

26 district office: Provided further, That notwithstanding any
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1 other provision of law, the Secretary of the Army is di2 rected to begin implementing the division office plan on

3 May 1, 1996, and such plan shall be implemented prior

4 to October 1, 1997.

5 ADMINISTRATIVE PROVISIONS

6 Appropriations in this title shall be available for offi7 cial reception and representation expenses (not to exceed

8 $5,000); and during the current fiscal year the revolving

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

10 (not to exceed 100 for replacement only) and hire of pas11 senger motor vehicles.

12 GENERAL PROVISION

13 CORPS OF ENGINEERS—CIVIL

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

15 the Army shall advertise for competitive bid at least

16 7,500,000 cubic yards of the hopper dredge volume accom17 plished with government-owned dredges in fiscal year

18 1992.

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

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

21 of Engineers to undertake projects when industry does not

22 perform as required by the contract specifications or when

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

24 Secretary determines to be a fair and reasonable estimated

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

26 respond to emergency requirements.
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1 (c) None of the funds appropriated herein or other2 wise made available to the Army Corps of Engineers, in3 cluding amounts contained in the Revolving Fund of the

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

5 or undertake improvement or major repair of the Federal

6 vessel, MCFARLAND, or for any use of the

7 MCFARLAND to perform work other than emergency

8 dredging work.

9 TITLE II

10 DEPARTMENT OF THE INTERIOR

11 CENTRAL UTAH PROJECT

12 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

13 For the purpose of carrying out provisions of the

14 Central Utah Project Completion Act, Public Law 102–

15 575 (106 Stat. 4605), and for feasibility studies of alter16 natives to the Uintah and Upalco Units, $42,893,000, to

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

18 shall be deposited into the Utah Reclamation Mitigation

19 and Conservation Account: Provided, That of the amounts

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

21 the Federal Contribution authorized by paragraph

22 402(b)(2) of the Act and $18,503,000 shall be available

23 to the Utah Reclamation Mitigation and Conservation

24 Commission to carry out activities authorized under the

25 Act.
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1 In addition, for necessary expenses incurred in carry2 ing out responsibilities of the Secretary of the Interior

3 under the Act, $1,246,000, to remain available until ex4 pended.

5 BUREAU OF RECLAMATION

6 For carrying out the functions of the Bureau of Rec7 lamation as provided in the Federal reclamation laws (Act

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

9 thereof or supplementary thereto) and other Acts applica10 ble to that Bureau as follows:

11 GENERAL INVESTIGATIONS

12 For engineering and economic investigations of pro13 posed Federal reclamation projects and studies of water

14 conservation and development plans and activities prelimi15 nary to the reconstruction, rehabilitation and betterment,

16 financial adjustment, or extension of existing projects, to

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

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

19 activities which can be financed by the reclamation fund

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

21 funds contributed by non-Federal entities for purposes

22 similar to this appropriation shall be available for expendi23 ture for the purposes for which contributed as though spe24 cifically appropriated for said purposes, and such amounts

25 shall remain available until expended.
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1 CONSTRUCTION PROGRAM

2 (INCLUDING TRANSFER OF FUNDS)

3 For construction and rehabilitation of projects and

4 parts thereof (including power transmission facilities for

5 Bureau of Reclamation use) and for other related activi6 ties as authorized by law, to remain available until ex7 pended, $417,301,000, of which $27,049,000 shall be

8 available for transfer to the Upper Colorado River Basin

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

10 (43 U.S.C. 620d), and $94,225,000 shall be available for

11 transfer to the Lower Colorado River Basin Development

12 Fund authorized by section 403 of the Act of September

13 30, 1968 (43 U.S.C. 1543), and such amounts as may

14 be necessary shall be considered as though advanced to

15 the Colorado River Dam Fund for the Boulder Canyon

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

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

18 amount for program activities which can be financed by

19 the reclamation fund shall be derived from that fund: Pro20 vided further, That transfers to the Upper Colorado River

21 Basin Fund and Lower Colorado River Basin Develop22 ment Fund may be increased or decreased by transfers

23 within the overall appropriation under this heading: Pro24 vided further, That funds contributed by non-Federal enti25 ties for purposes similar to this appropriation shall be

26 available for expenditure for the purposes for which con-
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1 tributed as though specifically appropriated for said pur2 poses, and such funds shall remain available until ex3 pended: Provided further, That all costs of the safety of

4 dams modification work at Coolidge Dam, San Carlos Irri5 gation Project, Arizona, performed under the authority of

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

7 506), as amended, are in addition to the amount author8 ized in section 5 of said Act.

9 OPERATION AND MAINTENANCE

10 For operation and maintenance of reclamation

11 projects or parts thereof and other facilities, as authorized

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

13 on lands under the jurisdiction of the Bureau of Reclama14 tion, pursuant to law, to remain available until expended,

15 $278,759,000: Provided, That of the total appropriated,

16 the amount for program activities which can be financed

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

18 and the amount for program activities which can be de19 rived from the special fee account established pursuant to

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

21 amended), may be derived from that fund: Provided fur22 ther, That funds advanced by water users for operation

23 and maintenance of reclamation projects or parts thereof

24 shall be deposited to the credit of this appropriation and

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

26 manner as sums appropriated herein may be expended,
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1 and such advances shall remain available until expended:

2 Provided further, That revenues in the Upper Colorado

3 River Basin Fund shall be available for performing exam4 ination of existing structures on participating projects of

5 the Colorado River Storage Project.

6 BUREAU OF RECLAMATION LOAN PROGRAM ACCOUNT

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

8 $11,243,000, to remain available until expended, as au9 thorized by the Small Reclamation Projects Act of August

10 6, 1956, as amended (43 U.S.C. 422a–422l): Provided,

11 That such costs, including the cost of modifying such

12 loans, shall be as defined in section 502 of the Congres13 sional Budget Act of 1974: Provided further, That these

14 funds are available to subsidize gross obligations for the

15 principal amount of direct loans not to exceed

16 $37,000,000.

17 In addition, for administrative expenses necessary to

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

19 $425,000: Provided, That of the total sums appropriated,

20 the amount of program activities which can be financed

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

22 CENTRAL VALLEY PROJECT RESTORATION FUND

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

24 habitat restoration, improvement, and acquisition provi25 sions of the Central Valley Project Improvement Act, to

26 remain available until expended, such sums as may be col-
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1 lected in the Central Valley Project Restoration Fund pur2 suant to sections 3407(d), 3404(c)(3), 3405(f) and

3 3406(c)(1) of Public Law 102–575: Provided, That the

4 Bureau of Reclamation is directed to levy additional miti5 gation and restoration payments totaling $30,000,000

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

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

8 102–575.

9 GENERAL ADMINISTRATIVE EXPENSES

10 For necessary expenses of general administration and

11 related functions in the office of the Commissioner, the

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

13 of Reclamation, $48,630,000, of which $1,400,000 shall

14 remain available until expended, the total amount to be

15 derived from the reclamation fund and to be

16 nonreimbursable pursuant to the Act of April 19, 1945

17 (43 U.S.C. 377): Provided, That no part of any other ap18 propriation in this Act shall be available for activities or

19 functions budgeted for the current fiscal year as general

20 administrative expenses.

21 SPECIAL FUNDS

22 (TRANSFER OF FUNDS)

23 Sums herein referred to as being derived from the

24 reclamation fund or special fee account are appropriated

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

26 of June 17, 1902 (43 U.S.C. 391) or the Act of December
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1 22, 1987 (16 U.S.C. 460l–6a, as amended), respectively.

2 Such sums shall be transferred, upon request of the Sec3 retary, to be merged with and expended under the heads

4 herein specified; and the unexpended balances of sums

5 transferred for expenditure under the head ‘‘General Ad6 ministrative Expenses’’ shall revert and be credited to the

7 reclamation fund.

8 ADMINISTRATIVE PROVISION

9 Appropriations for the Bureau of Reclamation shall

10 be available for purchase of not to exceed 9 passenger

11 motor vehicles for replacement only.

12 TITLE III

13 DEPARTMENT OF ENERGY

14 ENERGY SUPPLY, RESEARCH AND DEVELOPMENT

15 ACTIVITIES

16 For expenses of the Department of Energy activities

17 including the purchase, construction and acquisition of

18 plant and capital equipment and other expenses incidental

19 thereto necessary for energy supply, research and develop20 ment activities, and other activities in carrying out the

21 purposes of the Department of Energy Organization Act

22 (42 U.S.C. 7101, et seq.), including the acquisition or con23 demnation of any real property or any facility or for plant

24 or facility acquisition, construction, or expansion; pur25 chase of passenger motor vehicles (not to exceed 25, of
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1 which 19 are for replacement only), $2,596,700,000, to

2 remain available until expended.

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-
29

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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 This Act may be cited as the ‘‘Energy and Water De2 velopment Appropriations Act, 1996’’.

HR 1905 RH——2
Union Calendar No. 69

104TH CONGRESS

1ST SESSION H. R. 1905

[Report No. 104–149]

A BILL

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

JUNE 20, 1995

Committed to the Committee of the Whole House on

the State of the Union and ordered to be printed