IB

104TH CONGRESS

1ST SESSION H. R. 1905

IN THE HOUSE OF REPRESENTATIVES

AUGUST 1, 1995

Ordered to be printed with the amendments of the Senate numbered

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

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

6 water development, and for other purposes, namely:

7 TITLE I

8 DEPARTMENT OF DEFENSE—CIVIL

9 DEPARTMENT OF THE ARMY

10 CORPS OF ENGINEERS—CIVIL

11 The following appropriations shall be expended under

12 the direction of the Secretary of the Army and the super-
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1 vision of the Chief of Engineers for authorized civil func2 tions of the Department of the Army pertaining to rivers

3 and harbors, flood control, beach erosion, and related pur4 poses.

5 GENERAL INVESTIGATIONS

6 For expenses necessary for the collection and study

7 of basic information pertaining to river and harbor, flood

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

9 authorized projects, miscellaneous investigations, and,

10 when authorized by laws, surveys and detailed studies and

11 plans and specifications of projects prior to construction,

12 Ω1æ$129,906,000 $126,323,000, to remain available until

13 expended, of which funds are provided for the following

14 projects in the amounts specified:

15 Ω2æNorco Bluffs, California, $375,000;

16 Indianapolis Central Waterfront, Indiana,

17 $2,000,000;

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

19 Mussers Dam, Middle Creek, Snyder County,

20 Pennsylvania, $300,000

21 Norco Bluffs, California, $375,000;

22 Indianapolis Central Waterfront, Indiana,

23 $1,000,000;

24 Kentucky Lock and Dam, Kentucky, $2,500,000;

25 and
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1 West Virginia Port Development, West Virginia,

2 $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 Ω3æ$807,846,000 $778,456,000, to remain available until

13 expended, of which such sums as are necessary pursuant

14 to Public Law 99–662 shall be derived from the Inland

15 Waterways Trust Fund, for one-half of the costs of con16 struction and rehabilitation of inland waterways projects,

17 including rehabilitation costs for the Lock and Dam 25,

18 Mississippi River, Illinois and Missouri, Lock and Dam

19 14, Mississippi River, Iowa, Lock and Dam 24, Mississippi

20 River, Illinois and Missouri, and GIWW-Brazos River

21 Floodgates, Texas, projects, and of which funds are pro22 vided for the following projects in the amounts specified:

23 Ω4æRed River Emergency Bank Protection, Ar24 kansas 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 Homer Spit, Alaska, repair and extend project,

2 $3,800,000;

3 McClellan-Kerr Arkansas River Navigation Sys4 tem, Arkansas, $6,000,000: Provided, That $4,900,000

5 of such amount shall be used for activities relating to

6 Montgomery Point Lock and Dam, Arkansas;

7 Red River Emergency Bank Protection, Arkan8 sas and Louisiana, $6,600,000;

9 Sacramento River Flood Control Project (Glenn10 Colusa Irrigation District), California, $300,000;

11 Arkansas City flood control project, Kansas,

12 $700,000, except that for the purposes of the project,

13 section 902 of Public Law 99–662 is waived;

14 Winfield, Kansas, $670,000;

15 Harlan (Levisa and Tug Forks of the Big Sandy

16 River and Upper Cumberland River), Kentucky,

17 $12,000,000;

18 Williamsburg (Levisa and Tug Forks of the Big

19 Sandy River and Upper Cumberland River), Ken20 tucky, $4,100,000;

21 Middlesboro (Lesiva and Tug Forks of the Big

22 Sandy River and Upper Cumberland River), Ken23 tucky, $1,600,000;

24 Salyersville, Kentucky, $500,000;
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1 Lake Pontchartrain and Vicinity (Hurricane

2 Protection), Louisiana, $11,838,000;

3 Ouachita River Levees, Louisiana, $2,300,000;

4 Red River below Denison Dam Levee and Bank

5 Stabilization, Louisiana, Arkansas, and Texas,

6 $2,000,000;

7 Roughans Point, Massachusetts, $710,000;

8 Marshall, Minnesota, $850,000;

9 Ste. Genevieve, Missouri, $1,000,000;

10 Broad Top Region, Pennsylvania, $2,000,000;

11 Glen Foerd, Pennsylvania, $200,000;

12 Wallisville Lake, Texas, $5,000,000;

13 Virginia Beach Erosion Control and Hurricane

14 Protection, Virginia, $1,100,000;

15 Hatfield Bottom (Levisa and Tug Forks of the

16 Big Sandy River and Upper Cumberland River),

17 West Virginia, $200,000; and

18 Upper Mingo (Levisa and Tug Forks of the Big

19 Sandy River and Upper Cumberland River, West

20 Virginia, $2,000,000: Provided, That the Secretary of

21 the Army, acting through the Chief of Engineers, shall

22 transfer $1,120,000 of the Construction, General funds

23 appropriated in this Act to the Secretary of the Inte24 rior and the Secretary of the Interior shall accept and

25 expend such funds for performing operation and
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1 maintenance activities at the Columbia River Fishing

2 Access Sites to be constructed by the Department of

3 the Army at Cascade Locks, Oregon; Lone Pine, Or4 egon; Underwood, Washington; and the Bonneville

5 Treaty Fishing Access Site, Washington.

6 FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBU7 TARIES, ARKANSAS, ILLINOIS, KENTUCKY, LOUISI8 ANA, MISSISSIPPI, MISSOURI, AND TENNESSEE

9 For expenses necessary for prosecuting work of flood

10 control, and rescue work, repair, restoration, or mainte11 nance of flood control projects threatened or destroyed by

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

13 $307,885,000, to remain available until expended.

14 OPERATION AND MAINTENANCE, GENERAL

15 For expenses necessary for the preservation, oper16 ation, maintenance, and care of existing river and harbor,

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

18 may be necessary for the maintenance of harbor channels

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

20 outside of harbor lines, and serving essential needs of gen21 eral commerce and navigation; surveys and charting of

22 northern and northwestern lakes and connecting waters;

23 clearing and straightening channels; and removal of ob24 structions to navigation, Ω5æ$1,712,123,000

25 $1,696,998,000, to remain available until expended, of

26 which such sums as become available in the Harbor Main-
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1 tenance Trust Fund, pursuant to Public Law 99–662,

2 may be derived from that fund, and of which such sums

3 as become available from the special account established

4 by the Land and Water Conservation Act of 1965, as

5 amended (16 U.S.C. 460l), may be derived from that fund

6 for construction, operation, and maintenance of outdoor

7 recreation facilities: Provided, That not to exceed

8 $5,000,000 shall be available for obligation for national

9 emergency preparedness programs: Provided further, That

10 Ω6æ$5,926,000 $3,426,000 of the funds appropriated here11 in are provided for the Raystown Lake, Pennsylvania,

12 projectΩ7æ: Provided further, That the Secretary of the

13 Army is directed during fiscal year 1996 to maintain a

14 minimum conservation pool level of 475.5 at Wister Lake

15 in Oklahoma.

16 REGULATORY PROGRAM

17 For expenses necessary for administration of laws

18 pertaining to regulation of navigable waters and wetlands,

19 $101,000,000, to remain available until expended.

20 FLOOD CONTROL AND COASTAL EMERGENCIES

21 For expenses necessary for emergency flood control,

22 hurricane, and shore protection activities, as authorized

23 by section 5 of the Flood Control Act approved August

24 18, 1941, as amended, $10,000,000, to remain available

25 until expended.
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1 OIL SPILL RESEARCH

2 For expenses necessary to carry out the purposes of

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

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

5 from the Fund and to remain available until expended.

6 GENERAL EXPENSES

7 For expenses necessary for general administration

8 and related functions in the Office of the Chief of Engi9 neers and offices of the Division Engineers; activities of

10 the Coastal Engineering Research Board, the Humphreys

11 Engineer Center Support Activity, the Engineering Stra12 tegic Studies Center, and the Water Resources Support

13 Center, Ω8æ$150,000,000 $153,000,000, to remain avail14 able until expended: Provided, Ω9æThat not to exceed

15 $60,000,000 of the funds provided in this Act shall be

16 available for general administration and related functions

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

18 That no part of any other appropriation provided in title

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

20 the Office of the Chief of Engineers or the executive direc21 tion and management activities of the Division Offices:

22 Provided further, That with funds provided herein and not23 withstanding any other provision of law, the Secretary of

24 the Army shall develop and submit to the Congress

25 Ω10æ(including the Committee on Environment and Public

26 Works of the Senate and the Committee on Transportation
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1 and Infrastructure of the House of Representatives) within

2 60 days of enactment of this Act, a plan which reduces

3 the number of division offices within the United States

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

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

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

7 district office: Provided further, That notwithstanding any

8 other provision of law, the Secretary of the Army is di9 rected to begin implementing the division office plan on

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

11 prior to October 1, 1997.

12 ADMINISTRATIVE PROVISIONS

13 Appropriations in this title shall be available for offi14 cial reception and representation expenses (not to exceed

15 $5,000); and during the current fiscal year the revolving

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

17 (not to exceed 100 for replacement only) and hire of pas18 senger motor vehicles.

19 GENERAL PROVISION

20 CORPS OF ENGINEERS—CIVIL

21 Ω11æSEC. 101. (a) In fiscal year 1996, the Secretary

22 of the Army shall advertise for competitive bid at least

23 7,500,000 cubic yards of the hopper dredge volume accom24 plished with government-owned dredges in fiscal year

25 1992.
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1 (b) Notwithstanding the provisions of this section, the

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

3 of Engineers to undertake projects when industry does not

4 perform as required by the contract specifications or when

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

6 Secretary determines to be a fair and reasonable estimated

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

8 respond to emergency requirements.

9 (c) None of the funds appropriated herein or other10 wise made available to the Army Corps of Engineers, in11 cluding amounts contained in the Revolving Fund of the

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

13 or undertake improvement or major repair of the Federal

14 vessel, MCFARLAND.

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

16 Army shall advertise for competitive bid at least 7,500,000

17 cubic yards of the hopper dredge volume accomplished with

18 government owned dredges in fiscal year 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
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1 cost of a well equipped contractor doing the work or to re2 spond to emergency requirements.

3 (c) None of the funds appropriated herein or otherwise

4 made available to the Army Corps of Engineers, including

5 amounts contained in the Revolving Fund of the Army

6 Corps of Engineers, may be used to study, design or under7 take improvements or major repair of the Federal vessel,

8 McFARLAND, except for normal maintenance and repair

9 necessary to maintain the vessel McFARLAND’s current

10 operational condition.

11 (d) If any of the four Corps of Engineers hopper

12 dredges is removed from normal service for repair or reha13 bilitation and such repair prevents the dredge from accom14 plishing its volume of work regularly carried out in each

15 of the past three years, the Corps of Engineers shall reduce

16 the 7,500,000 cubic yards of hopper dredge volume con17 tained in subsection (a) of this section by the proportional

18 amount of work which had been allocated to such dredge

19 over the past three fiscal years in calculating the reduction

20 in Corps dredging work required to implement subsection

21 (a).

22 SEC. 102. (a) SAND AND STONE CAP IN NAVIGATION

23 PROJECT AT MANISTIQUE HARBOR, MICHIGAN.—The

24 project for navigation, Manistique Harbor, Schoolcraft

25 County, Michigan, authorized by the first section of the
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1 Act entitled ‘‘An Act making appropriations for the con2 struction, repair, and preservation of certain public works

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

4 March 3, 1905 (33 Stat. 1136), is modified to permit in5 stallation of a sand and stone cap over sediments affected

6 by polychlorinated biphenyls in accordance with an admin7 istrative order of the Environmental Protection Agency.

8 (b) PROJECT DEPTH.—

9 (1) IN GENERAL.—Except as provided in para10 graph (2), the project described in subsection (a) is

11 modified to provide for an authorized depth of 18

12 feet.

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

14 12.5 feet in the areas where the sand and stone cap

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

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

17 3110E to 3980N–3260E to 3190N–3040E to

18 2960N–2560E to 3150N–2300E to 3680N–2510E

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

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

21 subsection (a), including the breakwalls, pier, and author22 ized depth of the project (as modified by subsection (b)),

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

24 Ω12æSEC. 103. None of the funds appropriated herein

25 or otherwise available to the Army Corps of Engineers, may
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1 be used to assist, guide, coordinate, administer; prepare for

2 occupancy of; or acquire furnishings for or in preparation

3 of a movement to the Southeast Federal Center.

4 Ω13æSEC. 104. The project for flood control for Peters5 burg, West Virginia, authorized by section 101(a)(26) of the

6 Water Resources Development Act of 1990 (P.L. 101–640,

7 104 Stat. 4611) is modified to authorize the Secretary of

8 the Army to construct the project at a total cost not to ex9 ceed $26,600,000, with an estimated first Federal cost of

10 $19,195,000 and an estimated first non-Federal cost of

11 $7,405,000.

12 Ω14æSEC. 105. (a) The Secretary of the Army is au13 thorized to accept from a non-Federal sponsor an amount

14 of additional lands not to exceed 300 acres which are contig15 uous to the Cooper Lake and Channels Project, Texas, au16 thorized by the River and Harbor Act of 1965 and the

17 Water Resources Development Act of 1986, and which pro18 vide habitat value at least equal to that provided by the

19 lands authorized to be redesignated in subsection (b).

20 (b) Upon the completion of subsection (a), the Sec21 retary is further authorized to redesignate an amount of

22 mitigation land not to exceed 300 acres to recreation pur23 poses.

24 (c) The cost of all work to be undertaken pursuant to

25 this section, including but not limited to real estate ap-
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1 praisals, cultural and environmental surveys, and all devel2 opment necessary to avoid net mitigation losses, to the ex3 tent such actions are required, shall be borne by the donat4 ing sponsor.

5 Ω15æSEC. 106. WATER LEVEL IN LAKE TRA6 VERSE, SOUTH DAKOTA AND MINNESOTA.

7 (a) IN GENERAL.—Subject to subsection (b), notwith8 standing any other law, the Secretary of the Army, acting

9 through the Chief of Engineers of the Army Corps of Engi10 neers and using funds made available under this Act, shall,

11 to the greatest extent practicable, take such actions as are

12 necessary to obtain and maintain an elevation of 977 feet

13 above sea level in Lake Traverse, South Dakota and Min14 nesota.

15 (b) LIMITATION.—No action taken under subsection

16 (a) shall result in flooding at Mud Lake, South Dakota and

17 Minnesota.

18 Ω16æSEC. 107. Using funds appropriated herein the

19 Secretary of the Army, acting through the Chief of Engi20 neers, is authorized to undertake the Coos Bay, Oregon

21 project in accordance with the Report of the Chief of Engi22 neers, dated June 30, 1994, at a total cost of $14,541,000,

23 with an estimated Federal cost of $10,777,000 and an esti24 mated non-Federal cost of $3,764,000.
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1 TITLE II

2 DEPARTMENT OF THE INTERIOR

3 CENTRAL UTAH PROJECT

4 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

5 For the purpose of carrying out provisions of the

6 Central Utah Project Completion Act, Public Law 102–

7 575 (106 Stat. 4605), and for feasibility studies of alter8 natives to the Uintah and Upalco Units, $42,893,000, to

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

10 shall be deposited into the Utah Reclamation Mitigation

11 and Conservation Account: Provided, That of the amounts

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

13 the Federal Contribution authorized by paragraph

14 402(b)(2) of the Act and $18,503,000 shall be available

15 to the Utah Reclamation Mitigation and Conservation

16 Commission to carry out activities authorized under the

17 Act.

18 In addition, for necessary expenses incurred in carry19 ing out responsibilities of the Secretary of the Interior

20 under the Act, $1,246,000, to remain available until ex21 pended.

22 BUREAU OF RECLAMATION

23 For carrying out the functions of the Bureau of Rec24 lamation as provided in the Federal reclamation laws (Act

25 of June 17, 1902, 32 Stat. 388, and Acts amendatory
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1 thereof or supplementary thereto) and other Acts applica2 ble to that Bureau as follows:

3 GENERAL INVESTIGATIONS

4 For engineering and economic investigations of pro5 posed Federal reclamation projects and studies of water

6 conservation and development plans and activities prelimi7 nary to the reconstruction, rehabilitation and betterment,

8 financial adjustment, or extension of existing projects, to

9 remain available until expended, Ω17æ$13,114,000

10 $11,234,000: Provided, That, of the total appropriated, the

11 amount for program activities which can be financed by

12 the reclamation fund shall be derived from that fund: Pro13 vided further, That funds contributed by non-Federal enti14 ties for purposes similar to this appropriation shall be

15 available for expenditure for the purposes for which con16 tributed as though specifically appropriated for said pur17 poses, and such amounts shall remain available until

18 expendedΩ18æ: Provided further, That within available

19 funds, $300,000 is for the completion of the feasibility study

20 of alternatives for meeting the drinking water needs on the

21 Cheyenne River Sioux Reservation and surrounding com22 munities.

23 CONSTRUCTION PROGRAM

24 (INCLUDING TRANSFER OF FUNDS)

25 For construction and rehabilitation of projects and

26 parts thereof (including power transmission facilities for
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1 Bureau of Reclamation use) and for other related activi2 ties as authorized by law, to remain available until ex3 pended, Ω19æ$417,301,000 $390,461,000, of which

4 $27,049,000 shall be available for transfer to the Upper

5 Colorado River Basin Fund authorized by section 5 of the

6 Act of April 11, 1956 (43 U.S.C. 620d), and

7 Ω20æ$94,225,000 $92,725,000 shall be available for trans8 fer to the Lower Colorado River Basin Development Fund

9 authorized by section 403 of the Act of September 30,

10 1968 (43 U.S.C. 1543), and such amounts as may be nec11 essary shall be considered as though advanced to the Colo12 rado River Dam Fund for the Boulder Canyon Project as

13 authorized by the Act of December 21, 1928, as amended:

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

15 program activities which can be financed by the reclama16 tion fund shall be derived from that fund: Provided fur17 ther, That transfers to the Upper Colorado River Basin

18 Fund and Lower Colorado River Basin Development Fund

19 may be increased or decreased by transfers within the

20 overall appropriation under this heading: Provided further,

21 That funds contributed by non-Federal entities for pur22 poses similar to this appropriation shall be available for

23 expenditure for the purposes for which contributed as

24 though specifically appropriated for said purposes, and

25 such funds shall remain available until expended: Provided
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1 further, That all costs of the safety of dams modification

2 work at Coolidge Dam, San Carlos Irrigation Project, Ari3 zona, performed under the authority of the Reclamation

4 Safety of Dams Act of 1978 (43 U.S.C. 506), as amended,

5 are in addition to the amount authorized in section 5 of

6 said Act.

7 OPERATION AND MAINTENANCE

8 For operation and maintenance of reclamation

9 projects or parts thereof and other facilities, as authorized

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

11 on lands under the jurisdiction of the Bureau of Reclama12 tion, pursuant to law, to remain available until expended,

13 Ω21æ$278,759,000 $267,393,000: Provided, That of the

14 total appropriated, the amount for program activities

15 which can be financed by the reclamation fund shall be

16 derived from that fund, and the amount for program ac17 tivities which can be derived from the special fee account

18 established pursuant to the Act of December 22, 1987 (16

19 U.S.C. 460l–6a, as amended), may be derived from that

20 fund: Provided further, That funds advanced by water

21 users for operation and maintenance of reclamation

22 projects or parts thereof shall be deposited to the credit

23 of this appropriation and may be expended for the same

24 purpose and in the same manner as sums appropriated

25 herein may be expended, and such advances shall remain

26 available until expended: Provided further, That revenues
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1 in the Upper Colorado River Basin Fund shall be available

2 for performing examination of existing structures on par3 ticipating projects of the Colorado River Storage Project.

4 BUREAU OF RECLAMATION LOAN PROGRAM ACCOUNT

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

6 $11,243,000, to remain available until expended, as au7 thorized by the Small Reclamation Projects Act of August

8 6, 1956, as amended (43 U.S.C. 422a–422l): Provided,

9 That such costs, including the cost of modifying such

10 loans, shall be as defined in section 502 of the Congres11 sional Budget Act of 1974: Provided further, That these

12 funds are available to subsidize gross obligations for the

13 principal amount of direct loans not to exceed

14 $37,000,000.

15 In addition, for administrative expenses necessary to

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

17 $425,000: Provided, That of the total sums appropriated,

18 the amount of program activities which can be financed

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

20 CENTRAL VALLEY PROJECT RESTORATION FUND

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

22 habitat restoration, improvement, and acquisition provi23 sions of the Central Valley Project Improvement Act, to

24 remain available until expended, such sums as may be col25 lected in the Central Valley Project Restoration Fund pur26 suant to sections 3407(d), 3404(c)(3), 3405(f) and
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1 3406(c)(1) of Public Law 102–575: Provided, That the

2 Bureau of Reclamation is directed to levy additional miti3 gation and restoration payments totaling $30,000,000

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

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

6 102–575.

7 GENERAL ADMINISTRATIVE EXPENSES

8 For necessary expenses of general administration and

9 related functions in the office of the Commissioner, the

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

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

12 remain available until expended, the total amount to be

13 derived from the reclamation fund and to be

14 nonreimbursable pursuant to the Act of April 19, 1945

15 (43 U.S.C. 377): Provided, That no part of any other ap16 propriation in this Act shall be available for activities or

17 functions budgeted for the current fiscal year as general

18 administrative expenses.

19 SPECIAL FUNDS

20 (TRANSFER OF FUNDS)

21 Sums herein referred to as being derived from the

22 reclamation fund or special fee account are appropriated

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

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

25 22, 1987 (16 U.S.C. 460l–6a, as amended), respectively.

26 Such sums shall be transferred, upon request of the Sec-
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1 retary, to be merged with and expended under the heads

2 herein specified; and the unexpended balances of sums

3 transferred for expenditure under the head ‘‘General Ad4 ministrative Expenses’’ shall revert and be credited to the

5 reclamation fund.

6 ADMINISTRATIVE PROVISION

7 Appropriations for the Bureau of Reclamation shall

8 be available for purchase of not to exceed 9 passenger

9 motor vehicles for replacement only.

10 TITLE III

11 DEPARTMENT OF ENERGY

12 ENERGY SUPPLY, RESEARCH AND DEVELOPMENT

13 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 energy supply, research and develop18 ment activities, and other activities in carrying out the

19 purposes of the Department of Energy Organization Act

20 (42 U.S.C. 7101, et seq.), including the acquisition or con21 demnation of any real property or any facility or for plant

22 or facility acquisition, construction, or expansion; pur23 chase of passenger motor vehicles (not to exceed 25, of

24 which 19 are for replacement only), Ω22æ$2,576,700,000

25 (less $1,000,000), to remain available until expended

26 $2,793,324,000 to remain available until expended: Pro-
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1 vided, That no more than $7,500,000 of such funds shall

2 be used for the termination of the Gas Turbine-Modular He3 lium Reactor program Ω23æ, of which amount within

4 available funds $56,000,000 may be available to continue

5 operation of the Tokamak Fusion Test Reactor (for which

6 purpose, the Secretary may use savings from reducing gen7 eral administrative expenses in accordance with the De8 partment of Energy’s strategic alignment and downsizing

9 effort, but none of the savings used for this purpose shall

10 come from programmatic accounts within this title)Ω24æ:

11 Provided further, That within the amount for Indian En12 ergy Resource projects, $2,000,000 may be made available

13 to fund the Crow energy resources programs under title

14 XXVI of the Energy Policy Act of 1992 (25 U.S.C. 3501

15 et seq.)Ω25æ:–Provided, That, of such amount,

16 $44,772,000 shall be available to implement the provisions

17 of section 1211 of the Energy Policy Act of 1992 (42

18 U.S.C. 13316).

19 Ω26æFUNDING FOR ENERGY SUPPLY, RESEARCH AND DE20 VELOPMENT ACTIVITIES RELATING TO RENEWABLE

21 ENERGY SOURCES

22 (a) REDUCTION IN APPROPRIATION FOR DEPART23 MENTAL ADMINISTRATION.—Notwithstanding any other

24 provision of this Act, the amount appropriated in title III
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1 of this Act under the heading DEPARTMENTAL ADMINISTRA2 TION is hereby reduced by $25,000,000.

3 (b) INCREASE IN APPROPRIATION FOR ENERGY SUP4 PLY, RESEARCH AND DEVELOPMENT ACTIVITIES.—Not5 withstanding any other provision of this Act, the amount

6 appropriated in title III of this Act under the heading EN7 ERGY SUPPLY, RESEARCH AND DEVELOPMENT ACTIVITIES

8 is hereby increased by $37,000,000.

9 (c) AVAILABILITY OF FUNDS.—Of the funds appro10 priated in title III of this Act under the heading ENERGY

11 SUPPLY, RESEARCH AND DEVELOPMENT ACTIVITIES—

12 (1) not less than $4,500,000 shall be available for

13 solar building technology research;

14 (2) not less than $78,929,000 shall be available

15 for photovoltaic energy systems;

16 (3) not less than $28,443,000 shall be available

17 for solar thermal energy systems;

18 (4) not less than $55,300,000 shall be available

19 for biofuels of which no less than half shall go toward

20 the Biomass Electric Program;

21 (5) not less than $42,000,000 shall be available

22 for wind energy systems;

23 (6) not less than $8,000,000 shall be available for

24 international solar energy programs;
25

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1 (7) not less than $9,000,000 shall be available for

2 hydrogen research.

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.
26

HR 1905 PP

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),

24 Ω27æ$991,000,000 $971,000,000, to remain available until

25 expended.
27

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1 NUCLEAR WASTE DISPOSAL FUND

2 Ω28æFor nuclear waste disposal activities to carry out

3 the purposes of Public Law 97–425, as amended, includ4 ing the acquisition of real property or facility construction

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

7 For the nuclear waste disposal activities to carry out

8 the purposes of Public Law 97–425, as amended, including

9 the acquisition of real property or facility construction or

10 expansion, $151,600,000 to remain available until ex11 pended, to be derived from the Nuclear Waste Fund: Pro12 vided, That of the amount herein appropriated together

13 with the amount provided in the Defense Nuclear Waste

14 Disposal Appropriation contained in this title, within

15 available funds, no more than $250,000,000 shall be avail16 able to continue, at a reduced level, the technical site char17 acterization effort and to retain deferred licensing capabil18 ity at the Yucca Mountain site: Provided further, That the

19 facility for the initial storage of no more than 40,000 metric

20 tons of uranium at a site to be determined by the President

21 shall be licensed by the Nuclear Regulatory Commission for

22 an unspecified period, in accordance with its regulations

23 governing the licensing of independent spent fuel storage in24 stallations, without regard to sections 148(a) and 148(d)

25 of Public Law 97–425: Provided further, That the facility
28

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1 shall be expandable for the subsequent transportation and

2 interim storage of up to 100,000 metric tons of uranium

3 and shall be operational in the 1998 timeframe, consistent

4 with sections 135(a)(1)(B), 135(a)(4), 137(a), 141(a),

5 148(a), 148(b), and 148(c) of Public Law 97–425, but with6 out regard to sections 131(a)(3), 131(b)(2), 135(a)(1),

7 135(d), 135(e), 146, 148(d)(1), 148(d)(3), and 148(d)(4) of

8 Public Law 97–425: Provided further, That the director

9 shall review the program’s institutional activities, includ10 ing all cooperative agreements, international commitments,

11 and university assistance, and shall make available to these

12 entities amounts commensurate with the revised program

13 for nuclear waste disposal activities: Provided further, That

14 any funds provided to the State of Nevada are for the sole

15 purpose of conduct of its scientific oversight responsibilities

16 pursuant to Public Law 97–425, as amended: Provided fur17 ther, That none of the funds herein appropriated may be

18 used directly or indirectly to influence legislative action on

19 any matter pending before Congress or a State legislature

20 or for any lobbying activity as provided in section 1913

21 of title 18, United States Code: Provided further, That the

22 Secretary shall submit to the Congress within 90 days a

23 revised program plan and schedule, including a new five24 year budget, that addresses the construction and operation

25 of the interim storage capability, the revised site character-
29

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1 ization program at the Yucca Mountain site, and the results

2 of the Director’s review of the program’s institutional ac3 tivities.

4 ATOMIC ENERGY DEFENSE ACTIVITIES

5 WEAPONS ACTIVITIES

6 For Department of Energy expenses, including the

7 purchase, construction and acquisition of plant and capital

8 equipment and other incidental expenses necessary for

9 atomic energy defense weapons activities in carrying out

10 the purposes of the Department of Energy Organization

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

12 or condemnation of any real property or any facility or

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

14 and the purchase of passenger motor vehicles (not to ex15 ceed 79, of which 76 are for replacement only, including

16 one police-type vehicle), Ω29æ$3,273,014,000

17 $3,751,719,000, to remain available until expended.

18 DEFENSE ENVIRONMENTAL RESTORATION AND WASTE

19 MANAGEMENT

20 For Department of Energy expenses, including the

21 purchase, construction and acquisition of plant and capital

22 equipment and other incidental expenses necessary for

23 atomic energy defense environmental restoration and

24 waste management activities in carrying out the purposes

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

26 7101, et seq.), including the acquisition or condemnation
30

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

2 acquisition, construction, or expansion; and the purchase

3 of passenger motor vehicles (not to exceed 7 for replace4 ment only), Ω30æ$5,265,478,000 $5,989,750,000, to re5 main available until expended.

6 OTHER DEFENSE ACTIVITIES

7 For Department of Energy expenses, including the

8 purchase, construction and acquisition of plant and capital

9 equipment and other incidental expenses necessary for

10 atomic energy defense, other defense activities in carrying

11 out the purposes of the Department of Energy Organiza12 tion Act (42 U.S.C. 7101, et seq.), including the acquisi13 tion or condemnation of any real property or any facility

14 or for plant or facility acquisition, construction, or expan15 sion Ω31æ$1,323,841,000 $1,439,112,000, to remain avail16 able until expendedΩ32æ: Provided, That within available

17 funds, $4,952,000 is provided for electrical and utility sys18 tems upgrade, Idaho Chemical Processing Plant, Idaho Na19 tional Engineering Laboratory, project number 96–D–463.

20 DEFENSE NUCLEAR WASTE DISPOSAL

21 For nuclear waste disposal activities to carry out the

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

23 the acquisition of real property or facility construction or

24 expansion, Ω33æ$198,400,000 $248,400,000, to remain

25 available until expendedΩ34æ, all of which shall be used

26 in accordance with the terms and conditions of the Nuclear
31

HR 1905 PP

1 Waste Fund appropriation of the Department of Energy

2 contained in this title.

3 DEPARTMENTAL ADMINISTRATION

4 For salaries and expenses of the Department of En5 ergy necessary for Departmental Administration and other

6 activities in carrying out the purposes of the Department

7 of Energy Organization Act (42 U.S.C. 7101, et seq.), in8 cluding the hire of passenger motor vehicles and official

9 reception and representation expenses (not to exceed

10 $35,000), Ω35æ$362,250,000 $377,126,000, to remain

11 available until expended, plus such additional amounts as

12 necessary to cover increases in the estimated amount of

13 cost of work for others notwithstanding the provisions of

14 the Anti-Deficiency Act (31 U.S.C. 1511, et seq.): Pro15 vided, That such increases in cost of work are offset by

16 revenue increases of the same or greater amount, to re17 main available until expended: Provided further, That

18 moneys received by the Department for miscellaneous rev19 enues estimated to total Ω36æ$122,306,000 $137,306,000

20 in fiscal year 1996 may be retained and used for operating

21 expenses within this account, and may remain available

22 until expended, as authorized by section 201 of Public

23 Law 95–238, notwithstanding the provisions of section

24 3302 of title 31, United States Code: Provided further,

25 That the sum herein appropriated shall be reduced by the
32

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1 amount of miscellaneous revenues received during fiscal

2 year 1996 so as to result in a final fiscal year 1996 appro3 priation estimated at not more than Ω37æ$239,944,000

4 $239,820,000.

5 OFFICE OF THE INSPECTOR GENERAL

6 For necessary expenses of the Office of the Inspector

7 General in carrying out the provisions of the Inspector

8 General Act of 1978, as amended, Ω38æ$26,000,000

9 $25,000,000, to remain available until expended.

10 POWER MARKETING ADMINISTRATIONS

11 OPERATION AND MAINTENANCE, ALASKA POWER

12 ADMINISTRATION

13 For necessary expenses of operation and maintenance

14 of projects in Alaska and of marketing electric power and

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

16 BONNEVILLE POWER ADMINISTRATION FUND

17 Expenditures from the Bonneville Power Administra18 tion Fund, established pursuant to Public Law 93–454,

19 are approved for official reception and representation ex20 penses in an amount not to exceed $3,000.

21 During fiscal year 1996, no new direct loan obliga22 tions may be made.
33

HR 1905 PP

1 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

2 ADMINISTRATION

3 For necessary expenses of operation and maintenance

4 of power transmission facilities and of marketing electric

5 power and energy pursuant to the provisions of section

6 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as

7 applied to the southeastern power area, $19,843,000, to

8 remain available until expended.

9 OPERATION AND MAINTENANCE, SOUTHWESTERN

10 POWER ADMINISTRATION

11 For necessary expenses of operation and maintenance

12 of power transmission facilities and of marketing electric

13 power and energy, and for construction and acquisition of

14 transmission lines, substations and appurtenant facilities,

15 and for administrative expenses, including official recep16 tion and representation expenses in an amount not to ex17 ceed $1,500 connected therewith, in carrying out the pro18 visions of section 5 of the Flood Control Act of 1944 (16

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

20 $29,778,000, to remain available until expended; in addi21 tion, notwithstanding the provisions of 31 U.S.C. 3302,

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

23 available until expended.
34

HR 1905 PP

1 CONSTRUCTION, REHABILITATION, OPERATION AND

2 MAINTENANCE, WESTERN AREA POWER ADMINIS3 TRATION

4 (INCLUDING TRANSFER OF FUNDS)

5 For carrying out the functions authorized by title III,

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

7 U.S.C. 7101, et seq.), and other related activities includ8 ing conservation and renewable resources programs as au9 thorized, including official reception and representation

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

11 $257,652,000, to remain available until expended, of

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

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

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

15 into the Utah Reclamation Mitigation and Conservation

16 Account pursuant to title IV of the Reclamation Projects

17 Authorization and Adjustment Act of 1992: Provided fur18 ther, That the Secretary of the Treasury is authorized to

19 transfer from the Colorado River Dam Fund to the West20 ern Area Power Administration $4,556,000 to carry out

21 the power marketing and transmission activities of the

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

23 of the Hoover Power Plant Act of 1984, to remain avail24 able until expended.
35

HR 1905 PP

1 FALCON AND AMISTAD OPERATING AND MAINTENANCE

2 FUND

3 For operation, maintenance, and emergency costs for

4 the hydroelectric facilities at the Falcon and Amistad

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

6 to be derived from the Falcon and Amistad Operating and

7 Maintenance Fund of the Western Area Power Adminis8 tration, as provided in section 423 of the Foreign Rela9 tions Authorization Act, fiscal years 1994 and 1995.

10 FEDERAL ENERGY REGULATORY COMMISSION

11 SALARIES AND EXPENSES

12 For necessary expenses of the Federal Energy Regu13 latory Commission to carry out the provisions of the De14 partment of Energy Organization Act (42 U.S.C. 7101,

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

16 3109, including the hire of passenger motor vehicles; offi17 cial reception and representation expenses (not to exceed

18 $3,000); Ω39æ$132,290,000 $131,290,000, to remain

19 available until expended: Provided, That notwithstanding

20 any other provision of law, not to exceed

21 Ω40æ$132,290,000 $131,290,000 of revenues from fees

22 and annual charges, and other services and collections in

23 fiscal year 1996, shall be retained and used for necessary

24 expenses in this account, and shall remain available until

25 expended: Provided further, That the sum herein appro-
36

HR 1905 PP

1 priated shall be reduced as revenues are received during

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

3 appropriation estimated at not more than $0.

4 TITLE IV

5 INDEPENDENT AGENCIES

6 APPALACHIAN REGIONAL COMMISSION

7 For expenses necessary to carry out the programs au8 thorized by the Appalachian Regional Development Act of

9 1965, as amended, notwithstanding section 405 of said

10 Act, and for necessary expenses for the Federal Co-Chair11 man and the alternate on the Appalachian Regional Com12 mission and for payment of the Federal share of the ad13 ministrative expenses of the Commission, including serv14 ices as authorized by section 3109 of title 5, United States

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

16 available until expended, Ω41æ$142,000,000 $182,000,000.

17 DEFENSE NUCLEAR FACILITIES SAFETY

18 BOARD

19 SALARIES AND EXPENSES

20 For necessary expenses of the Defense Nuclear Fa21 cilities Safety Board in carrying out activities authorized

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

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

24 available until expended.
37

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1 Ω42æDELAWARE RIVER BASIN COMMISSION

2 SALARIES AND EXPENSES

3 For expenses necessary to carry out the functions of

4 the United States member of the Delaware River Basin

5 Commission, as authorized by law (75 Stat. 716), $440,000:

6 Provided, That the United States Commissioner (Alternate

7 Federal Member) shall not be compensated at a level higher

8 than General Schedule level 15.

9 CONTRIBUTION TO DELAWARE RIVER BASIN COMMISSION

10 For payment of the United States share of the current

11 expenses of the Delaware River Basin Commission, as au12 thorized by law (75 Stat. 706, 707), $478,000.

13 Ω43æINTERSTATE COMMISSION ON THE POTOMAC

14 RIVER BASIN

15 CONTRIBUTION TO INTERSTATE COMMISSION ON THE

16 POTOMAC RIVER BASIN

17 To enable the Secretary of the Treasury to pay in ad18 vance to the Interstate Commission on the Potomac River

19 Basin the Federal contribution toward the expenses of the

20 Commission during the current fiscal year in the adminis21 tration of its business in the conservancy district established

22 pursuant to the Act of July 11, 1940 (54 Stat. 748), as

23 amended by the Act of September 25, 1970 (Public Law

24 91–407), $511,000.
38

HR 1905 PP

1 NUCLEAR REGULATORY COMMISSION

2 SALARIES AND EXPENSES

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses of the Commission in carry5 ing out the purposes of the Energy Reorganization Act

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

7 as amended, including the employment of aliens; services

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

9 publication and dissemination of atomic information; pur10 chase, repair, and cleaning of uniforms, official represen11 tation expenses (not to exceed $20,000); reimbursements

12 to the General Services Administration for security guard

13 services; hire of passenger motor vehicles and aircraft,

14 Ω44æ$468,300,000 $474,300,000, to remain available until

15 expended, of which Ω45æ$11,000,000 $17,000,000 shall be

16 derived from the Nuclear Waste Fund: Provided, That

17 from this appropriation, transfer of sums may be made

18 to other agencies of the Government for the performance

19 of the work for which this appropriation is made, and in

20 such cases the sums so transferred may be merged with

21 the appropriation to which transferred: Provided further,

22 That moneys received by the Commission for the coopera23 tive nuclear safety research program, services rendered to

24 foreign governments and international organizations, and

25 the material and information access authorization pro-
39

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1 grams, including criminal history checks under section

2 149 of the Atomic Energy Act of 1954, as amended, may

3 be retained and used for salaries and expenses associated

4 with those activities, notwithstanding 31 U.S.C. 3302, and

5 shall remain available until expended: Provided further,

6 That revenues from licensing fees, inspection services, and

7 other services and collections estimated at $457,300,000

8 in fiscal year 1996 shall be retained and used for nec9 essary salaries and expenses in this account, notwithstand10 ing 31 U.S.C. 3302, and shall remain available until ex11 pended: Provided further, That the sum herein appro12 priated shall be reduced by the amount of revenues re13 ceived during fiscal year 1996 from licensing fees, inspec14 tion services and other services and collections, excluding

15 those moneys received for the cooperative nuclear safety

16 research program, services rendered to foreign govern17 ments and international organizations, and the material

18 and information access authorization programs, so as to

19 result in a final fiscal year 1996 appropriation estimated

20 at not more than Ω46æ$11,000,000 $17,000,000.

21 OFFICE OF INSPECTOR GENERAL

22 (INCLUDING TRANSFER OF FUNDS)

23 For necessary expenses of the Office of Inspector

24 General in carrying out the provisions of the Inspector

25 General Act of 1978, as amended, including services au-
40

HR 1905 PP

1 thorized by section 3109 of title 5, United States Code,

2 $5,000,000, to remain available until expended; and in ad3 dition, an amount not to exceed 5 percent of this sum may

4 be transferred from Salaries and Expenses, Nuclear Regu5 latory Commission: Provided, That notice of such trans6 fers shall be given to the Committees on Appropriations

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

8 appropriation, transfers of sums may be made to other

9 agencies of the Government for the performance of the

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

11 cases the sums so transferred may be merged with the

12 appropriation to which transferred: Provided further, That

13 revenues from licensing fees, inspection services, and other

14 services and collections shall be retained and used for nec15 essary salaries and expenses in this account, notwithstand16 ing 31 U.S.C. 3302, and shall remain available until ex17 pended: Provided further, That the sum herein appro18 priated shall be reduced by the amount of revenues re19 ceived during fiscal year 1996 from licensing fees, inspec20 tion services, and other services and collections, so as to

21 result in a final fiscal year 1996 appropriation estimated

22 at not more than $0.
41

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1 NUCLEAR WASTE TECHNICAL REVIEW BOARD

2 SALARIES AND EXPENSES

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses of the Nuclear Waste Tech5 nical Review Board, as authorized by Public Law 100–

6 203, section 5051, Ω47æ$2,531,000 $2,664,000, to be

7 transferred from the Nuclear Waste Fund and to remain

8 available until expended.

9 Ω48æSUSQUEHANNA RIVER BASIN COMMISSION

10 SALARIES AND EXPENSES

11 For expenses necessary to carry out the functions of

12 the United States member of the Susquehanna River Basin

13 Commission as authorized by law (84 Stat. 1541),

14 $280,000: Provided, That the United States Commissioner

15 (Alternate Federal Member) shall not be compensated at a

16 level higher than General Schedule level 15.

17 CONTRIBUTION TO SUSQUEHANNA RIVER BASIN

18 COMMISSION

19 For payment of the United States share of the current

20 expenses of the Susquehanna River Basin Commission, as

21 authorized by law (84 Stat. 1530, 1531), $288,000.

22 TENNESSEE VALLEY AUTHORITY

23 TENNESSEE VALLEY AUTHORITY FUND

24 For the purpose of carrying out the provisions of the

25 Tennessee Valley Authority Act of 1933, as amended (16
42

HR 1905 PP

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

2 and operation of aircraft, and purchase and hire of pas3 senger motor vehicles, Ω49æ$103,339,000 $110,339,000,

4 to remain available until expendedΩ50æ. Of the funds ap5 propriated under this heading, not more than $25,000,000

6 may be expended for the Tennessee Valley Authority Envi7 ronmental Research Center in Muscle Shoals, Alabama, in

8 the event that the Center expends less than $25,000,000,

9 such amount not expended shall be returned to the United

10 States Treasury and the Tennessee Valley Authority appro11 priation reduced accordingly and the Tennessee Valley Au12 thority shall take steps to obtain funding from other sources

13 so as to reduce appropriated funding in the future and, not

14 later than January 1, 1996, submit to Congress a prelimi15 nary plan securing funding from other sources.

16 TITLE V

17 GENERAL PROVISIONS

18 Ω51æSEC. 501. Sec. 505 of Public Law 102–377, the

19 Fiscal Year 1993 Energy and Water Development Appro20 priations Act, and section 208 of Public Law 99–349, the

21 Urgent Supplemental Appropriations Act, 1986, are re22 pealed.

23 SEC. 502. Sec. 510 of Public Law 101–514, the Fis24 cal Year 1991 Energy and Water Development Appropria25 tions Act, is repealed.
43

HR 1905 PP

1 SEC. 503. Without fiscal year limitation and notwith2 standing section 502(b)(5) of the Nuclear Waste Policy

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

4 of the Nuclear Waste Technical Review Board whose term

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

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

7 Ω52æSEC. 504. None of the funds made available in

8 this Act may be used for any program, project, or activity,

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

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

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

12 Federal law relating to risk assessment, the protection of

13 private property rights, or unfunded mandates.

14 SEC. 505. (a) PURCHASE OF AMERICAN-MADE

15 EQUIPMENT AND PRODUCTS.—It is the sense of the Con16 gress that, to the greatest extent practicable, all equip17 ment and products purchased with funds made available

18 in this Act should be American-made.

19 (b) NOTICE REQUIREMENT.—In providing financial

20 assistance to, or entering into any contract with, any en21 tity using funds made available in this Act, the head of

22 each Federal agency, to the greatest extent practicable,

23 shall provide to such entity a notice describing the state24 ment made in subsection (a) by the Congress.
44

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

2 Act may be used to revise the Missouri River Master

3 Water Control Manual when it is made known to the Fed4 eral entity or official to which the funds are made available

5 that such revision provides for an increase in the spring6 time water release program during the spring heavy rain7 fall and snow melt period in States that have rivers drain8 ing into the Missouri River below the Gavins Point Dam.

9 Ω53æSEC. 507. The amount otherwise provided in

10 this Act for the following account is hereby reduced by

11 the following amount:

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

13 amount, $1,000.

14 Ω54æSEC. 508. None of the funds made available in

15 this Act for the Army Corps of Engineers Upper Mis16 sissippi River-Illinois Waterway System Navigation Study

17 may be used to study any portion of the Upper Mississippi

18 River located above Lock and Dam 14 at Moline, Illinois,

19 and Bettendorf, Iowa, except that the limitation in this

20 section shall not apply to the conducting of any system21 wide environmental baseline study pursuant to the Na22 tional Environmental Policy Act.

23 Ω55æSEC. 509. Without fiscal year limitation, the

24 amount of fish and wildlife costs that the Bonneville Power

25 Administration may incur during a fiscal year shall not
45

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1 exceed its ability to pay as a percent of the preceding years

2 gross annual power revenues exclusive of gross residential

3 exchange revenues that the Bonneville Administrator ac4 crues in that fiscal year. No branch or agency of the Federal

5 Government shall take any action pursuant to any law

6 which shall cause the Bonneville Power Administration to

7 exceed this expenditure limitation.

8 ‘‘Fish and wildlife costs’’ includes—

9 (1) purchase power costs and lost revenues, as

10 determined by the Bonneville Administrator (subject

11 to independent audit), based on the forecast value of

12 such costs or revenues under average flow conditions,

13 related to operations of the Federal Columbia River

14 Power System for the benefit of fish and wildlife af15 fected by the development, operation, or management

16 of such system using operations prior to passage of

17 the Northwest Power Act as a baseline for calculating

18 such costs;

19 (2) expenditures; and

20 (3) reimbursable costs.

21 This provision shall be implemented on October 1, 1995 un22 less there is a valid agreement which limits Bonneville’s ex23 posure to increases in fish and wildlife costs consistent with

24 its ability to pay and the needs for fish and wildlife re25 sources in the Columbia River Basin.
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1 Ω56æSEC. 510. MAGNETIC FUSION ENERGY ENGI2 NEERING.

3 Section 7 of the Magnetic Fusion Energy Engineering

4 Act (42 U.S.C. 9396) is repealed.

5 SEC. 511. REPEAL OF REPORT ON VERIFICATION TECH6 NIQUES FOR PRODUCTION OF PLUTONIUM

7 AND HIGHLY ENRICHED URANIUM.

8 Section 3131 of the National Defense Authorization

9 Act for Fiscal Year 1991 (Public Law 101–510; 104 Stat.

10 1839) is amended by striking out subsection (c).

11 Ω57æSEC. 512. SENSE OF THE SENATE ON THE

12 CONFERENCE ON S. 4, THE LINE ITEM VETO ACT.

13 (a) FINDINGS.—The Senate finds that—

14 (1) the line item veto was a major plank in the

15 House majority’s ‘‘Contract with America’’ and has

16 received strong bipartisan support in the 104th Con17 gress;

18 (2) the House of Representatives on February 6,

19 1995, passed H.R. 2, the Line Item Veto Act, on a

20 vote of 294–134;

21 (3) the Senate on March 23, 1995, passed S. 4,

22 the Separate Enrollment and Line Item Veto Act of

23 1995, on a vote of 69–29;
47

HR 1905 PP

1 (4) the House passed S. 4, with the text of H.R.

2 2 inserted, by voice vote on May 17, 1995, 50 days

3 after passage by the Senate;

4 (5) notwithstanding the failure of the House to

5 request a conference, the Senate disagreed with the

6 House amendments, requested a conference and ap7 pointed conferees on S. 4 on June 20, 1995;

8 (6) the papers for S. 4 have been held at the desk

9 of the Speaker of the House for 42 days and the

10 Speaker of the House has not yet moved to appoint

11 conferees;

12 (7) with the passage of time it increasingly ap13 pears that the Congress may pass and send to the

14 President not only the appropriations bills for fiscal

15 year 1996 but also the reconciliation bill required by

16 H.Con.Res. 67 (the concurrent resolution setting forth

17 the congressional budget for fiscal years 1996, 1997,

18 1998, 1999, 2000, 2001, and 2002) without first pass19 ing and sending to the President a line item veto bill;

20 and

21 (8) the House majority leadership has publicly

22 cast doubt on the prospects for a conference on S. 4

23 this year.

24 (b) SENSE OF THE SENATE.—It is the sense of the Sen25 ate that—
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1 (1) the Speaker of the House should move to ap2 point conferees on S. 4 immediately, so that the

3 House and Senate may resolve their differences on

4 this important legislation.

5 Ω58æSEC. 513. ENERGY SAVINGS AT FEDERAL

6 FACILITIES.

7 (a) REDUCTION IN FACILITIES ENERGY COSTS.—The

8 head of each agency for which funds are made available

9 under this Act shall take all actions necessary to achieve

10 during fiscal year 1996 a 5 percent reduction, from fiscal

11 year 1995 levels, in the energy costs of the facilities used

12 by the agency.

13 (b) USE OF COST SAVINGS.—An amount equal to the

14 amount of cost savings realized by an agency under sub15 section (a) shall remain available for obligation through the

16 end of fiscal year 1997, without further authorization or

17 appropriation, as follows:

18 (1) CONSERVATION MEASURES.—Fifty percent of

19 the amount shall remain available for the implemen20 tation of additional energy conservation measures

21 and for water conservation measures at such facilities

22 used by the agency as are designated by the head of

23 the agency.

24 (2) OTHER PURPOSES.—Fifty percent of the

25 amount shall remain available for use by the agency
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1 for such purposes as are designated by the head of the

2 agency, consistent with applicable law.

3 (c) REPORT.—

4 (1) IN GENERAL.—Not later than December 31,

5 1996, the head of each agency described in subsection

6 (a) shall submit a report to Congress specifying the

7 results of the actions taken under subsection (a) and

8 providing any recommendations as to how to further

9 reduce energy costs and energy consumption in the fu10 ture.

11 (2) CONTENTS.—Each report shall—

12 (A) specify the total energy costs of the fa13 cilities used by the agency;

14 (B) identify the reductions achieved; and

15 (C) specify the actions that resulted in the

16 reductions.

17 Ω59æSEC. 514. WATER LEVELS IN RAINY LAKE

18 AND NAMAKAN LAKE.

19 (a) FINDINGS.—Congress finds that—

20 (1) the Rainy Lake and Namakan Reservoir

21 Water Level International Steering Committee con22 ducted a 2-year analysis in which public comments

23 on the water levels in Rainy Lake and Namakan

24 Lake revealed significant problems with the current
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1 regulation of water levels and resulted in Steering

2 Committee recommendations in November 1993; and

3 (2) maintaining water levels closer to those rec4 ommended by the Steering Committee will help ensure

5 the enhancement of water quality, fish and wildlife,

6 and recreational resources in Rainy Lake and

7 Namakan Lake.

8 (b) DEFINITIONS.—In this section:

9 (1) EXISTING RULE CURVE.—The term ‘‘existing

10 rule curve’’ means each of the rule curves promulgated

11 by the International Joint Commission to regulate

12 water levels in Rainy Lake and Namakan Lake in ef13 fect as of the date of enactment of this Act.

14 (2) PROPOSED RULE CURVE.—The term ‘‘pro15 posed rule curve’’ means each of the rule curves rec16 ommended by the Rainy Lake and Namakan Res17 ervoir International Steering Committee for regula18 tion of water levels in Rainy Lake and Namakan

19 Lake in the publication entitled ‘‘Final Report and

20 Recommendations’’ published in November 1993.

21 (c) WATER LEVELS.—The dams at International Falls

22 and Kettle Falls, Minnesota, in Rainy Lake and Namakan

23 Lake, respectively, shall be operated so as to maintain water

24 levels as follows:
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1 (1) COINCIDENT RULE CURVES.—In each in2 stance in which an existing rule curve coincides with

3 a proposed rule curve, the water level shall be main4 tained within the range of such coincidence.

5 (2) NONCOINCIDENT RULE CURVES.—In each in6 stance in which an existing rule curve does not coin7 cide with a proposed rule curve, the water level shall

8 be maintained at the limit of the existing rule curve

9 that is closest to the proposed rule curve.

10 (d) ENFORCEMENT.—

11 (1) IN GENERAL.—The Federal Energy Regu12 latory Commission shall enforce this section as though

13 the provisions were included in the license issued by

14 the Commission on December 31, 1987, for Commis15 sion Project No. 5223–001.

16 (2) RULE OF CONSTRUCTION.—Nothing in this

17 section shall be construed to require the Commission

18 to alter the license for Commission Project No. 5223–

19 001 in any way.

20 (e) SUNSET.—This section shall remain in effect until

21 the International Joint Commission review of and decision

22 on the Steering Committee’s recommendations are com23 pleted.
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1 This Act may be cited as the ‘‘Energy and Water De2 velopment Appropriations Act, 1996’’.

Passed the House of Representatives July 12, 1995.

Attest: ROBIN H. CARLE,

Clerk.

Passed the Senate August 1 (legislative day, July

10), 1995.

Attest: KELLY D. JOHNSON,

Secretary.