PUBLIC LAW 104–206—SEPT. 30, 1996

ENERGY AND WATER DEVELOPMENT

APPROPRIATIONS ACT, 1997
110 STAT. 2984 PUBLIC LAW 104–206—SEPT. 30, 1996

Public Law 104–206

104th Congress

An Act

Making appropriations for energy and water development for the fiscal year ending

September 30, 1997, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled, That the

following sums are appropriated, out of any money in the Treasury

not otherwise appropriated, for the fiscal year ending September

30, 1997, for energy and water development, and for other purposes,

namely:

TITLE I

DEPARTMENT OF DEFENSE—CIVIL

DEPARTMENT OF THE ARMY

CORPS OF ENGINEERS—CIVIL

The following appropriations shall be expended under the direction of the Secretary of the Army and the supervision of the Chief

of Engineers for authorized civil functions of the Department of

the Army pertaining to rivers and harbors, flood control, beach

erosion, and related purposes.

GENERAL INVESTIGATIONS

For expenses necessary for the collection and study of basic

information pertaining to river and harbor, flood control, shore

protection, and related projects, restudy of authorized projects, miscellaneous investigations, and, when authorized by laws, surveys

and detailed studies and plans and specifications of projects prior

to construction, $153,872,000, to remain available until expended,

of which funds are provided for the following projects in the amounts

specified:

Norco Bluffs, California, $180,000;

San Joaquin River Basin, Caliente Creek, California,

$150,000;

Tampa Harbor, Alafia Channel, Florida, $100,000;

Lake George, Hobart, Indiana, $100,000;

Little Calumet River Basin, Cady Marsh Ditch, Indiana,

$200,000;

Tahoe Basin Study, Nevada and California, $100,000;

Barnegat Inlet to Little Egg Harbor Inlet, New Jersey,

$300,000;

Energy and

Water

Development

Appropriations

Act, 1997.

Sept. 30, 1996

[H.R. 3816]
PUBLIC LAW 104–206—SEPT. 30, 1996 110 STAT. 2985

Brigantine Inlet to Great Egg Harbor Inlet, New Jersey, $360,000;

Great Egg Harbor Inlet to Townsends Inlet, New Jersey, $200,000; Manasquan Inlet to Barnegat Inlet, New Jersey, $250,000;

Townsends Inlet to Cape May Inlet, New Jersey, $245,000;

South Shore of Staten Island, New York, $200,000;

Mussers Dam, Middle Creek, Snyder County, Pennsylvania, $450,000;

Rhode Island South Coast, Habitat Restoration and Storm Damage Reduction, Rhode Island, $100,000; Monongahela River, West Virginia, $500,000;

Monongahela River, Fairmont, West Virginia, $100,000; and Tygart River Basin, Philippi, West Virginia, $100,000.

CONSTRUCTION, GENERAL

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

protection, and related projects authorized by laws; and detailed

studies, and plans and specifications, of projects (including those

for development with participation or under consideration for

participation by States, local governments, or private groups)

authorized or made eligible for selection by law (but such studies

shall not constitute a commitment of the Government to construction), $1,081,942,000, to remain available until expended, of which

such sums as are necessary pursuant to Public Law 99–662 shall

be derived from the Inland Waterways Trust Fund, for one-half

of the costs of construction and rehabilitation of inland waterways

projects, including rehabilitation costs for the Lock and Dam 25,

Mississippi River, Illinois and Missouri, Lock and Dam 14, Mississippi River, Iowa, and Lock and Dam 24, Mississippi River,

Illinois and Missouri, projects, and of which funds are provided

for the following projects in the amounts specified:

Red River Emergency Bank Protection, Arkansas, $3,000,000;

San Timoteo Creek (Santa Ana River Mainstem), California, $7,000,000; Indianapolis Central Waterfront, Indiana, $7,000,000;

Indiana Shoreline Erosion, Indiana, $2,200,000;

Harlan (Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River), Kentucky, $18,000,000;

Martin County (Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River), Kentucky, $350,000;

Middlesboro (Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River), Kentucky, $2,500,000;

Pike County (Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River), Kentucky, $2,000,000;

Town of Martin (Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River), Kentucky, $300,000;

Williamsburg (Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River), Kentucky, $4,050,000; Salyersville, Kentucky, $3,000,000;

Lake Pontchartrain and Vicinity, Louisiana, $17,025,000;

Lake Pontchartrain (Jefferson Parish) Stormwater Discharge, Louisiana, $4,750,000;

Red River below Denison Dam Levee and Bank Stabilization, Louisiana, Arkansas, and Texas, $100,000;
110 STAT. 2986 PUBLIC LAW 104–206—SEPT. 30, 1996

Red River Emergency Bank Protection, Louisiana, $3,400,000;

Glen Foerd, Pennsylvania, $800,000;

South Central Pennsylvania Environmental Restoration

Infrastructure and Resource Protection Development Pilot Program, Pennsylvania, $7,000,000;

Seekonk River, Rhode Island Bridge removal, $650,000;

Wallisville Lake, Texas, $7,500,000;

Richmond Filtration Plant, Virginia, $3,500,000;

Virginia Beach, Virginia, $8,000,000;

Hatfield Bottom (Levisa and Tug Forks of the Big Sandy

River and Upper Cumberland River), West Virginia, $1,300,000;

Lower Mingo (Kermit) (Levisa and Tug Forks of the Big

Sandy River and Upper Cumberland River), West Virginia,

$4,000,000;

Lower Mingo, West Virginia, Tributaries Supplement,

$105,000; and

Upper Mingo County (Levisa and Tug Forks of the Big

Sandy River and Upper Cumberland River), West Virginia,

$3,500,000: Provided, That of the funds provided for the Red

River Waterway, Mississippi River to Shreveport, Louisiana,

project, $3,000,000 is provided, to remain available until

expended, for design and construction of a regional visitor center in the vicinity of Shreveport, Louisiana at full Federal

expense: Provided further, That the Secretary of the Army,

acting through the Chief of Engineers, is directed to use

$1,000,000 of the funds appropriated in Public Law 104–46

for construction of the Ohio River Flood Protection, Indiana,

project: Provided further, That the Secretary of the Army, acting

through the Chief of Engineers, is directed, in cooperation

with State, county, and city officials and in consultation with

the Des Moines River Greenbelt Advisory Committee, to provide

highway and other signs appropriate to direct the public to

the bike trail which runs from downtown Des Moines, Iowa,

to the Big Creek Recreation area at the Corps of Engineers

Saylorville Lake project and the wildlife refuge in Jasper and

Marion Counties in Iowa authorized in Public Law 101–302:

Provided further, That any law, regulation, documents or record

of the United States in which such projects are referred to

shall be held to refer to the bike trail as the Neal Smith

Bike Trail and to such centers as the Neal Smith Prairie

Wildlife Learning Center: Provided further, That the Secretary

is directed to initiate construction on the Joseph G. Minish

Historic Waterfront Park, New Jersey, project; furthermore,

the Secretary may transfer not to exceed $900,000 from General

Investigations appropriations made in title I of the Energy

and Water Development Appropriations Act, Public Law 103–

126 (107 Stat. 1313) for the Passaic River, Mainstem, New

Jersey, to Construction, General for the Joseph G. Minish Historic Waterfront Park, New Jersey, project and that the

Committees on Appropriations of the House and Senate shall

be promptly advised of such transfer: Provided further, That

of the funds provided herein, $1,000,000 shall be for payment

to the Kansas City Southern Industries, Inc., in partial

reimbursement of costs associated with the relocation and modification of the Louisiana and Arkansas (L&A) Railway Bridge

at Alexandria, Louisiana, for navigation requirements of the

Iowa.

Recreation and

recreational

areas.

Wildlife.
PUBLIC LAW 104–206—SEPT. 30, 1996 110 STAT. 2987

Red River navigation project: Provided further, That using $500,000 of the funds appropriated for the Passaic River

Mainstem, New Jersey, project under the heading ‘‘General

Investigations’’ in Public Law 103–126, the Secretary of the

Army, acting through the Chief of Engineers, is directed to

begin implementation of the Passaic River Preservation of

Natural Storage Areas separable element of the Passaic River

Flood Reduction Project, New Jersey: Provided further, That

the Secretary of the Army, acting through the Chief of Engineers, is authorized and directed to initiate construction on

the following projects in the amounts specified:

Humboldt Harbor, California, $2,500,000;

San Lorenzo River, California, $200,000;

Faulkner’s Island, Connecticut, $1,500,000;

Chicago Shoreline, Illinois, $8,000,000;

Pond Creek, Jefferson City, Kentucky, $1,500,000;

Natchez Bluff, Mississippi, $4,500,000;

Wood River, Grand Isle, Nebraska, $1,000,000;

New York City Watershed, New York, $1,000,000;

Duck Creek, Cincinnati, Ohio, $466,000;

Saw Mill Run, Pittsburgh, Pennsylvania, $500,000;

West Virginia and Pennsylvania Flooding, West Virginia

and Pennsylvania, $1,000,000;

Upper Jordan River, Utah, $500,000;

San Juan Harbor, Puerto Rico, $800,000; and

Allendale Dam, Rhode Island, $195,000: Provided further,

That no fully allocated funding policy shall apply to construction

of the projects listed above, and the Secretary of the Army

is directed to undertake these projects using continuing contracts where sufficient funds to complete the projects are not

available from funds provided herein or in prior years.

FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES, ARKANSAS,

ILLINOIS, KENTUCKY, LOUISIANA, MISSISSIPPI, MISSOURI, AND

TENNESSEE

For expenses necessary for prosecuting work of flood control,

and rescue work, repair, restoration, or maintenance of flood control

projects threatened or destroyed by flood, as authorized by law

(33 U.S.C. 702a, 702g–1), $310,374,000, to remain available until

expended: Provided, That the President of the Mississippi River

Commission is directed henceforth to use the variable cost recovery

rate set forth in OMB Circular A–126 for use of the Commission

aircraft authorized by the Flood Control Act of 1946, Public Law

526: Provided further, That notwithstanding the funding limitations

set forth in Public Law 104–6 (109 Stat. 85), the Secretary of

the Army, acting through the Chief of Engineers, is authorized

and directed to use additional funds appropriated herein or previously appropriated to complete remedial measures to prevent

slope instability at Hickman Bluff, Kentucky.

OPERATION AND MAINTENANCE, GENERAL

For expenses necessary for the preservation, operation, maintenance, and care of existing river and harbor, flood control, and

related works, including such sums as may be necessary for the

maintenance of harbor channels provided by a State, municipality

or other public agency, outside of harbor lines, and serving essential
110 STAT. 2988 PUBLIC LAW 104–206—SEPT. 30, 1996

needs of general commerce and navigation; surveys and charting

of northern and northwestern lakes and connecting waters; clearing

and straightening channels; and removal of obstructions to navigation, $1,697,015,000, to remain available until expended, of which

such sums as become available in the Harbor Maintenance Trust

Fund, pursuant to Public Law 99–662, may be derived from that

fund, and of which such sums as become available from the special

account established by the Land and Water Conservation Act of

1965, as amended (16 U.S.C. 460l), may be derived from that

fund for construction, operation, and maintenance of outdoor recreation facilities, and of which funds are provided for the following

projects in the amounts specified:

Raystown Lake, Pennsylvania, $4,190,000; and

Cooper Lake and Channels, Texas, $2,601,000:

Provided, That using $1,000,000 of the funds appropriated herein,

the Secretary of the Army, acting through the Chief of Engineers,

is directed to design and construct a landing at Guntersville, Alabama, as described in the Master Plan Report of the Nashville

District titled ‘‘Guntersville Landing’’ dated June, 1996: Provided

further, That the Secretary of the Army is directed to design and

implement at full Federal expense an early flood warning system

for the Greenbrier and Cheat River Basins, West Virginia within

eighteen months from the date of enactment of this Act: Provided

further, That the Secretary of the Army is directed during fiscal

year 1997 to maintain a minimum conservation pool level of 475.5

at Wister Lake in Oklahoma: Provided further, That no funds,

whether appropriated, contributed, or otherwise provided, shall be

available to the United States Army Corps of Engineers for the

purpose of acquiring land in Jasper County, South Carolina, in

connection with the Savannah Harbor navigation project: Provided

further, That the Secretary of the Army is directed to use $600,000

of funding provided herein to perform maintenance dredging of

the Cocheco River navigation project, New Hampshire.

REGULATORY PROGRAM

For expenses necessary for administration of laws pertaining

to regulation of navigable waters and wetlands, $101,000,000, to

remain available until expended.

FLOOD CONTROL AND COASTAL EMERGENCIES

For expenses necessary for emergency flood control, hurricane,

and shore protection activities, as authorized by section 5 of the

Flood Control Act approved August 18, 1941, as amended,

$10,000,000, to remain available until expended: Provided, That

the Secretary of the Army, acting through the Chief of Engineers,

is directed to use up to $8,000,000 of the funds appropriated herein

and under this heading in Public Law 104–134 to rehabilitate

non-Federal flood control levees along the Puyallup and Carbon

Rivers in Pierce County, Washington.

GENERAL EXPENSES

For expenses necessary for general administration and related

functions in the Office of the Chief of Engineers and offices of

the Division Engineers; activities of the Coastal Engineering

Research Board, the Humphreys Engineer Center Support Activity,
PUBLIC LAW 104–206—SEPT. 30, 1996 110 STAT. 2989

the Engineering Strategic Studies Center, and the Water Resources

Support Center, and for costs of implementing the Secretary of

the Army’s plan to reduce the number of division offices as directed

in title I, Public Law 104–46, $149,000,000, to remain available

until expended: Provided, That no part of any other appropriation

provided in title I of this Act shall be available to fund the activities

of the Office of the Chief of Engineers or the executive direction

and management activities of the Division Offices: Provided further,

That with funds provided herein and notwithstanding any other

provision of law, the Secretary of the Army shall develop and

submit to the Congress (including the Committee on Environment

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

60 days of enactment of this Act, a plan which reduces the number

of division offices within the United States Army Corps of Engineers

to no less than 6 and no more than 8, with each division responsible

for at least 4 district offices, but does not close or change any

civil function of any district office: Provided further, That notwithstanding any other provision of law, the Secretary of the Army

is directed to begin implementing the division office plan on April

1, 1997: Provided further, That up to $1,500,000 may be transferred

to this account from any other appropriation account in this title.

ADMINISTRATIVE PROVISION

Appropriations in this title shall be available for official reception and representation expenses (not to exceed $5,000); and during

the current fiscal year the revolving fund, Corps of Engineers,

shall be available for purchase (not to exceed 100 for replacement

only) and hire of passenger motor vehicles.

GENERAL PROVISIONS

CORPS OF ENGINEERS—CIVIL

SEC. 101. (a) In fiscal year 1997, the Secretary of the Army

shall advertise for competitive bid at least 8,500,000 cubic yards

of the hopper dredge volume accomplished with government owned

dredges in fiscal year 1992.

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

is authorized to use the dredge fleet of the Corps of Engineers

to undertake projects when industry does not perform as required

by the contract specifications or when the bids are more than

25 percent in excess of what the Secretary determines to be a

fair and reasonable estimated cost of a well equipped contractor

doing the work or to respond to emergency requirements.

SEC. 102. None of the funds appropriated herein or otherwise

made available to the Army Corps of Engineers, including amounts

contained in the Revolving Fund of the Army Corps of Engineers,

may be used to study, design or undertake improvements or major

repair of the Federal vessel, McFARLAND, except for normal

maintenance and repair necessary to maintain the vessel

McFARLAND’s current operational condition.

SEC. 103. The flood control project for Moorefield, West Virginia,

authorized by section 101(a)(25) of the Water Resources Development Act of 1990 (Public Law 101–640, 104 Stat. 4610) is modified

to authorize the Secretary of the Army to construct the project

at a total cost of $26,200,000, with an estimated first Federal

Contracts.

Plan.
110 STAT. 2990 PUBLIC LAW 104–206—SEPT. 30, 1996

cost of $20,300,000 and an estimated first non-Federal cost of

$5,900,000.

SEC. 104. The project for navigation, Grays Landing Lock and

Dam, Monongahela River, Pennsylvania (Lock and Dam 7

Replacement), authorized by section 301(a) of the Water Resources

Development Act of 1986 (Public Law 99–662, 100 Stat. 4110)

is modified to authorize the Secretary of the Army to construct

the project at a total cost of $181,000,000, with an estimated first

Federal cost of $181,000,000.

SEC. 105. From the date of enactment of this Act, non-structural

flood control measures implemented under section 202(a) of Public

Law 96–367 shall prevent future losses that would occur from

a flood equal in magnitude to the April 1977 level by providing

protection from the April 1977 level or the 100-year frequency

event, whichever is greater.

SEC. 106. Notwithstanding any other provision of law, the

Secretary of the Army, acting through the Chief of Engineers,

is authorized to reprogram, obligate and expend such additional

sums as are necessary to continue construction and cover anticipated contract earnings of any water resources project that received

an appropriation or allowance for construction in or through an

appropriations Act or resolution of the then-current fiscal year

or the two fiscal years immediately prior to that fiscal year, in

order to prevent the termination of a contract or the delay of

scheduled work.

SEC. 107. The Corps of Engineers is hereby directed to complete

the Charleston Riverfront (Haddad) Park Project, West Virginia,

as described in the design memorandum approved November, 1992,

on a 50–50 cost-share basis with the City. The Corps of Engineers

shall pay one-half of all costs for settling contractor claims on

the completed project and for completing the wharf. The Federal

portion of these costs shall be obtained by reprogramming available

Operations & Maintenance funds. The project cost limitation in

the Project Cooperation Agreement shall be increased to reflect

the actual costs of the completed project.

SEC. 108. The flood control project for Arkansas City, Kansas

authorized by section 401(a) of the Water Resources Development

Act of 1986 (Public Law 99–662, 100 Stat. 4116) is modified to

authorize the Secretary of the Army to construct the project at

a total cost of $38,500,000, with an estimated first Federal cost

of $28,100,000 and an estimated first non-Federal cost of

$10,400,000.

SEC. 109. Funds previously provided under the Fiscal Year

1993 Energy and Water Development Appropriations Act, Public

Law 102–377, for the Elk Creek Dam, Oregon project, are hereby

made available to plan and implement long-term management

measures at Elk Creek Dam to maintain the project in an

uncompleted state and to take necessary steps to provide passive

fish passage through the project.

SEC. 110. The Secretary of the Army is authorized and directed

to modify the project for the Hudson River, New York, New York

City to Waterford, authorized by the Act of June 25, 1910 (Public

Law 264, 61st Congress, 36 Stat. 635), to include design and

construction of a 300-foot wide channel to a depth of 24 feet (mean

low water), extending from the existing Federal channel in the

vicinity of the Hudson City Light to the north dock at Union

Street, Athens, New York.

Effective date.
PUBLIC LAW 104–206—SEPT. 30, 1996 110 STAT. 2991

SEC. 111. Section 109(a) of Public Law 104–46 (109 Stat. 408)

with regard to Prestonsburg, Kentucky, is amended by striking

‘‘Modification No. 2’’ and inserting ‘‘Modification No. 3’’.

SEC. 112. The emergency gate construction project for Abiquiu

Dam, New Mexico, authorized by section 1112 of the Water

Resources Development Act of 1986 (Public Law 99–662, 100 Stat.

4232) is modified to authorize the Secretary of the Army, acting

through the Chief of Engineers, to construct the project at an

estimated total cost of $7,000,000. The non-Federal share of the

project shall be 25 percent of those costs of the project attributable

to an increase in flood protection as a result of the installation

of such gates.

TITLE II

DEPARTMENT OF THE INTERIOR

CENTRAL UTAH PROJECT

CENTRAL UTAH PROJECT COMPLETION ACCOUNT

For the purpose of carrying out provisions of the Central Utah

Project Completion Act, Public Law 102–575 (106 Stat. 4605), and

for feasibility studies of alternatives to the Uintah and Upalco

Units, $42,527,000, to remain available until expended, of which

$16,700,000 shall be deposited into the Utah Reclamation Mitigation and Conservation Account: Provided, That of the amounts

deposited into the Account, $5,000,000 shall be considered the Federal contribution authorized by paragraph 402(b)(2) of the Act and

$11,700,000 shall be available to the Utah Reclamation Mitigation

and Conservation Commission to carry out activities authorized

under the Act.

In addition, for necessary expenses incurred in carrying out

responsibilities of the Secretary of the Interior under the Act,

$1,100,000, to remain available until expended.

BUREAU OF RECLAMATION

For carrying out the functions of the Bureau of Reclamation

as provided in the Federal reclamation laws (Act of June 17, 1902,

32 Stat. 388, and Acts amendatory thereof or supplementary thereto) and other Acts applicable to that Bureau as follows:

GENERAL INVESTIGATIONS

For engineering and economic investigations of proposed Federal reclamation projects and studies of water conservation and

development plans and activities preliminary to the reconstruction,

rehabilitation and betterment, financial adjustment, or extension

of existing projects, $16,650,000, to remain available until expended:

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

activities which can be financed by the reclamation fund shall

be derived from that fund: Provided further, That funds contributed

by non-Federal entities for purposes similar to this appropriation

shall be available for expenditure for the purposes for which

contributed as though specifically appropriated for said purposes,

and such amounts shall remain available until expended: Provided

further, That of the total appropriated, $250,000 shall be available
110 STAT. 2992 PUBLIC LAW 104–206—SEPT. 30, 1996

to complete the appraisal study and initiate preconstruction

engineering and design for the Del Norte County and Crescent

City, California, Wastewater Reclamation Project, and $250,000

shall be available to complete the appraisal study and initiate

preconstruction engineering and design for the Fort Bragg,

California, Water Supply Project.

CONSTRUCTION PROGRAM

(INCLUDING TRANSFER OF FUNDS)

For construction and rehabilitation of projects and parts thereof

(including power transmission facilities for Bureau of Reclamation

use) and for other related activities as authorized by law,

$394,056,000, to remain available until expended, of which

$22,410,000 shall be available for transfer to the Upper Colorado

River Basin Fund authorized by section 5 of the Act of April

11, 1956 (43 U.S.C. 620d), and $58,740,000 shall be available for

transfer to the Lower Colorado River Basin Development Fund

authorized by section 403 of the Act of September 30, 1968 (43

U.S.C. 1543), and such amounts as may be necessary shall be

considered as though advanced to the Colorado River Dam Fund

for the Boulder Canyon Project as authorized by the Act of December 21, 1928, as amended: Provided, That of the total appropriated,

the amount for program activities which can be financed by the

reclamation fund shall be derived from that fund: Provided further,

That transfers to the Upper Colorado River Basin Fund and Lower

Colorado River Basin Development Fund may be increased or

decreased by transfers within the overall appropriation under this

heading: Provided further, That funds contributed by non-Federal

entities for purposes similar to this appropriation shall be available

for expenditure for the purposes for which contributed as though

specifically appropriated for said purposes, and such funds shall

remain available until expended: Provided further, That all costs

of the safety of dams modification work at Coolidge Dam, San

Carlos Irrigation Project, Arizona, performed under the authority

of the Reclamation Safety of Dams Act of 1978 (43 U.S.C. 506),

as amended, are in addition to the amount authorized in section

5 of said Act: Provided further, That section 301 of Public Law

102–250, Reclamation States Emergency Drought Relief Act of 1991,

is amended by inserting ‘‘1996, and 1997’’ in lieu of ‘‘and 1996’’:

Provided further, That the amount authorized by section 210 of Public Law 100–557 (102 Stat. 2791), is amended to $56,362,000

(October 1996 prices plus or minus cost indexing), and funds are

authorized to be appropriated through the twelfth fiscal year after

construction funds are first made available: Provided further, That

utilizing funds appropriated for the Tucson Aqueduct System Reliability Investigation, the Bureau of Reclamation is directed to complete, by the end of fiscal year 1997, the environmental impact

statement being conducted on the proposed surface reservoir. The

Bureau of Reclamation is further directed to work with the City

of Tucson on any outstanding issues related to the preferred

alternative.

OPERATION AND MAINTENANCE

For operation and maintenance of reclamation projects or parts

thereof and other facilities, as authorized by law; and for a soil

43 USC 2241.
PUBLIC LAW 104–206—SEPT. 30, 1996 110 STAT. 2993

and moisture conservation program on lands under the jurisdiction

of the Bureau of Reclamation, pursuant to law, $267,876,000, to

remain available until expended: Provided, That of the total appropriated, the amount for program activities which can be financed

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

the amount for program activities which can be derived from the

special fee account established pursuant to the Act of December

22, 1987 (16 U.S.C. 460l–6a, as amended), may be derived from

that fund: Provided further, That funds advanced by water users

for operation and maintenance of reclamation projects or parts

thereof shall be deposited to the credit of this appropriation and

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

as sums appropriated herein may be expended, and such advances

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

for performing examination of existing structures on participating

projects of the Colorado River Storage Project.

BUREAU OF RECLAMATION LOAN PROGRAM ACCOUNT

For the cost of direct loans and/or grants, $12,290,000, to

remain available until expended, as authorized by the Small Reclamation Projects Act of August 6, 1956, as amended (43 U.S.C.

422a–422l): Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That these funds

are available to subsidize gross obligations for the principal amount

of direct loans not to exceed $37,000,000.

In addition, for administrative expenses necessary to carry

out the program for direct loans and/or grants, $425,000: Provided,

That of the total sums appropriated, the amount of program activities which can be financed by the reclamation fund shall be derived

from the fund.

CENTRAL VALLEY PROJECT RESTORATION FUND

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

restoration, improvement, and acquisition provisions of the Central

Valley Project Improvement Act, such sums as may be collected

in the Central Valley Project Restoration Fund pursuant to sections

3407(d), 3404(c)(3), 3405(f), and 3406(c)(1) of Public Law 102–575,

to remain available until expended: Provided, That the Bureau

of Reclamation is directed to levy additional mitigation and restoration payments totaling $30,000,000 (October 1992 price levels) on

a three-year rolling average basis, as authorized by section 3407(d)

of Public Law 102–575.

GENERAL ADMINISTRATIVE EXPENSES

For necessary expenses of general administration and related

functions in the office of the Commissioner, the Denver office,

and offices in the five regions of the Bureau of Reclamation, to

remain available until expended, $46,000,000, to be derived from

the reclamation fund and to be nonreimbursable pursuant to the

Act of April 19, 1945 (43 U.S.C. 377): Provided, That no part

of any other appropriation in this Act shall be available for activities

or functions budgeted for the current fiscal year as general administrative expenses.
110 STAT. 2994 PUBLIC LAW 104–206—SEPT. 30, 1996

SPECIAL FUNDS

(TRANSFER OF FUNDS)

Sums herein referred to as being derived from the reclamation

fund or special fee account are appropriated from the special funds

in the Treasury created by the Act of June 17, 1902 (43 U.S.C.

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

amended), respectively. Such sums shall be transferred, upon

request of the Secretary, to be merged with and expended under

the heads herein specified.

ADMINISTRATIVE PROVISION

Appropriations for the Bureau of Reclamation shall be available

for purchase of not to exceed 6 passenger motor vehicles for replacement only.

TITLE III

DEPARTMENT OF ENERGY

ENERGY PROGRAMS

ENERGY SUPPLY, RESEARCH AND DEVELOPMENT ACTIVITIES

For expenses of the Department of Energy activities including

the purchase, construction and acquisition of plant and capital

equipment and other expenses necessary for energy supply, research

and development activities in carrying out the purposes of the

Department of Energy Organization Act (42 U.S.C. 7101, et seq.),

including the acquisition or condemnation of any real property

or any facility or for plant or facility acquisition, construction,

or expansion; purchase of passenger motor vehicles (not to exceed

24 for replacement only), $2,710,908,000, to remain available until

expended.

URANIUM SUPPLY AND ENRICHMENT ACTIVITIES

For expenses of the Department of Energy in connection with

operating expenses; the purchase, construction, and acquisition of

plant and capital equipment and other expenses necessary for uranium supply and enrichment activities in carrying out the purposes

of the Department of Energy Organization Act (42 U.S.C. 7101,

et seq.) and the Energy Policy Act (Public Law 102–486, section

901), including the acquisition or condemnation of any real property

or any facility or for plant or facility acquisition, construction,

or expansion; purchase of electricity as necessary; and the purchase

of passenger motor vehicles (not to exceed 3 for replacement only);

$43,200,000, to remain available until expended: Provided, That

revenues received by the Department for uranium programs and

estimated to total $42,200,000 in fiscal year 1997 shall be retained

and used for the specific purpose of offsetting costs incurred by

the Department for such activities notwithstanding the provisions

of 31 U.S.C. 3302(b) and 42 U.S.C. 2296(b)(2): Provided further,

That the sum herein appropriated shall be reduced as revenues

are received during fiscal year 1997 so as to result in a final

fiscal year 1997 appropriation from the General Fund estimated

at not more than $1,000,000.
PUBLIC LAW 104–206—SEPT. 30, 1996 110 STAT. 2995

Section 161k. of the Atomic Energy Act of 1954 (42 U.S.C.

2201k) with respect to the Paducah Gaseous Diffusion Plant, Kentucky, and the Portsmouth Gaseous Diffusion Plant, Ohio, the

guidelines shall require, at a minimum, the presence of an adequate

number of security guards carrying side arms at all times to ensure

maintenance of security at the gaseous diffusion plants.

Section 311(b) of the USEC Privatization Act (Public Law 104–

134, title III, chapter 1, subchapter A) insert the following:

‘‘(3) The Corporation shall pay to the Thrift Savings Fund

such employee and agency contributions as are required or

authorized by sections 8432 and 8351 of title 5, United States

Code, for employees who elect to retain their coverage under

CSRS or FERS pursuant to paragraph (1).’’.

URANIUM ENRICHMENT DECONTAMINATION AND DECOMMISSIONING

FUND

For necessary expenses in carrying out uranium enrichment

facility decontamination and decommissioning, remedial actions and

other activities of title II of the Atomic Energy Act of 1954 and

title X, subtitle A of the Energy Policy Act of 1992, $200,200,000,

to be derived from the Fund, to remain available until expended:

Provided, That $34,000,000 of amounts derived from the Fund

for such expenses shall be available in accordance with title X,

subtitle A, of the Energy Policy Act of 1992.

GENERAL SCIENCE AND RESEARCH ACTIVITIES

For expenses of the Department of Energy activities including

the purchase, construction and acquisition of plant and capital

equipment and other expenses necessary for general science and

research activities in carrying out the purposes of the Department

of Energy Organization Act (42 U.S.C. 7101, et seq.), including

the acquisition or condemnation of any real property or facility

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

$996,000,000, to remain available until expended.

NUCLEAR WASTE DISPOSAL FUND

For nuclear waste disposal activities to carry out the purposes

of Public Law 97–425, as amended, including the acquisition of

real property or facility construction or expansion, $182,000,000,

to remain available until expended, to be derived from the Nuclear

Waste Fund: Provided, That none of the funds provided herein

shall be distributed to the State of Nevada or affected units of

local government (as defined by Public Law 97–425) by direct payment, grant, or other means, for financial assistance under section

116 of the Nuclear Waste Policy Act of 1982, as amended: Provided

further, That the foregoing proviso shall not apply to payments

in lieu of taxes under section 116(c)(3)(A) of the Nuclear Waste

Policy Act of 1982, as amended: Provided further, That no later

than September 30, 1998, the Secretary shall provide to the President and to the Congress a viability assessment of the Yucca

Mountain site. The viability assessment shall include:

(1) the preliminary design concept for the critical elements

for the repository and waste package;

(2) a total system performance assessment, based upon

the design concept and the scientific data and analysis available

Assessment.

42 USC 10134

note.

Ante, p. 1321–

340.

Kentucky.

Ohio.

Guidelines.
110 STAT. 2996 PUBLIC LAW 104–206—SEPT. 30, 1996

by September 30, 1998, describing the probable behavior of

the repository in the Yucca Mountain geological setting relative

to the overall system performance standards;

(3) a plan and cost estimate for the remaining work

required to complete a license application; and

(4) an estimate of the costs to construct and operate the

repository in accordance with the design concept.

DEPARTMENTAL ADMINISTRATION

For salaries and expenses of the Department of Energy necessary for Departmental Administration in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C.

7101, et seq.), including the hire of passenger motor vehicles and

official reception and representation expenses (not to exceed

$35,000), $215,021,000, to remain available until expended, plus

such additional amounts as necessary to cover increases in the

estimated amount of cost of work for others notwithstanding the

provisions of the Anti-Deficiency Act (31 U.S.C. 1511, et seq.):

Provided, That such increases in cost of work are offset by revenue

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

expended: Provided further, That moneys received by the Depart- ment for miscellaneous revenues estimated to total $125,388,000

in fiscal year 1997 may be retained and used for operating expenses

within this account, and may remain available until expended,

as authorized by section 201 of Public Law 95–238, notwithstanding

the provisions of 31 U.S.C. 3302: Provided further, That the sum

herein appropriated shall be reduced by the amount of miscellaneous revenues received during fiscal year 1997 so as to result in

a final fiscal year 1997 appropriation from the General Fund estimated at not more than $89,633,000.

OFFICE OF THE INSPECTOR GENERAL

For necessary expenses of the Office of the Inspector General

in carrying out the provisions of the Inspector General Act of

1978, as amended, $23,853,000, to remain available until expended.

ATOMIC ENERGY DEFENSE ACTIVITIES

WEAPONS ACTIVITIES

For Department of Energy expenses, including the purchase,

construction and acquisition of plant and capital equipment and

other expenses necessary for atomic energy defense weapons activities in carrying out the purposes of the Department of Energy

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

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

or facility acquisition, construction, or expansion; and the purchase

of passenger motor vehicles (not to exceed 94 for replacement only),

$3,911,198,000, to remain available until expended.

DEFENSE ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT

For Department of Energy expenses, including the purchase,

construction and acquisition of plant and capital equipment and

other expenses necessary for atomic energy defense environmental

restoration and waste management activities in carrying out the

purposes of the Department of Energy Organization Act (42 U.S.C.
PUBLIC LAW 104–206—SEPT. 30, 1996 110 STAT. 2997

7101, et seq.), including the acquisition or condemnation of any

real property or any facility or for plant or facility acquisition,

construction, or expansion; and the purchase of passenger motor

vehicles (not to exceed 20, of which 19 are for replacement only),

$5,459,304,000, to remain available until expended and, in addition,

$160,000,000 for privatization initiatives, to remain available until

expended.

OTHER DEFENSE ACTIVITIES

For Department of Energy expenses, including the purchase,

construction and acquisition of plant and capital equipment and

other expenses necessary for atomic energy defense, other defense

activities, in carrying out the purposes of the Department of Energy

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

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

or facility acquisition, construction, or expansion, and the purchase

of passenger motor vehicles (not to exceed 2 for replacement only),

$1,605,733,000, to remain available until expended.

DEFENSE NUCLEAR WASTE DISPOSAL

For nuclear waste disposal activities to carry out the purposes

of Public Law 97–425, as amended, including the acquisition of

real property or facility construction or expansion, $200,000,000,

to remain available until expended.

POWER MARKETING ADMINISTRATIONS

OPERATION AND MAINTENANCE, ALASKA POWER ADMINISTRATION

For necessary expenses of operation and maintenance of

projects in Alaska and of marketing electric power and energy,

$4,000,000, to remain available until expended.

BONNEVILLE POWER ADMINISTRATION FUND

Expenditures from the Bonneville Power Administration Fund,

established pursuant to Public Law 93–454, are approved for official

reception and representation expenses in an amount not to exceed

$3,000.

During fiscal year 1997, no new direct loan obligations may

be made.

OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

ADMINISTRATION

For necessary expenses of operation and maintenance of power

transmission facilities and of marketing electric power and energy

pursuant to the provisions of section 5 of the Flood Control Act

of 1944 (16 U.S.C. 825s), as applied to the southeastern power

area, $16,359,000, to remain available until expended.

OPERATION AND MAINTENANCE, SOUTHWESTERN POWER

ADMINISTRATION

For necessary expenses of operation and maintenance of power

transmission facilities and of marketing electric power and energy,

and for construction and acquisition of transmission lines, substations and appurtenant facilities, and for administrative expenses,
110 STAT. 2998 PUBLIC LAW 104–206—SEPT. 30, 1996

including official reception and representation expenses in an

amount not to exceed $1,500 in carrying out the provisions of

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

applied to the southwestern power area, $25,210,000, to remain

available until expended; in addition, notwithstanding the provisions of 31 U.S.C. 3302, not to exceed $3,787,000 in reimbursements,

to remain available until expended.

CONSTRUCTION, REHABILITATION, OPERATION AND MAINTENANCE, WESTERN AREA POWER ADMINISTRATION

(INCLUDING TRANSFER OF FUNDS)

For carrying out the functions authorized by title III, section

302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7101, et seq.),

and other related activities including conservation and renewable

resources programs as authorized, including official reception and

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

$193,582,000, to remain available until expended, of which

$185,687,000 shall be derived from the Department of the Interior

Reclamation Fund: Provided, That of the amount herein appro- priated, $5,432,000 is for deposit into the Utah Reclamation Mitigation and Conservation Account pursuant to title IV of the

Reclamation Projects Authorization and Adjustment Act of 1992:

Provided further, That the Secretary of the Treasury is authorized

to transfer from the Colorado River Dam Fund to the Western

Area Power Administration $3,774,000 to carry out the power

marketing and transmission activities of the Boulder Canyon project

as provided in section 104(a)(4) of the Hoover Power Plant Act

of 1984, to remain available until expended.

FALCON AND AMISTAD OPERATING AND MAINTENANCE FUND

For operation, maintenance, and emergency costs for the hydro- electric facilities at the Falcon and Amistad Dams, $970,000, to

remain available until expended, and to be derived from the Falcon

and Amistad Operating and Maintenance Fund of the Western

Area Power Administration, as provided in section 423 of the Foreign Relations Authorization Act, fiscal years 1994 and 1995.

FEDERAL ENERGY REGULATORY COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Federal Energy Regulatory

Commission to carry out the provisions of the Department of Energy

Organization Act (42 U.S.C. 7101, et seq.), including services as

authorized by 5 U.S.C. 3109, the hire of passenger motor vehicles,

and official reception and representation expenses (not to exceed

$3,000), $146,290,000, to remain available until expended: Provided,

That notwithstanding any other provision of law, not to exceed

$146,290,000 of revenues from fees and annual charges, and other

services and collections in fiscal year 1997 shall be retained and

used for necessary expenses in this account, and shall remain

available until expended: Provided further, That the sum herein

appropriated shall be reduced as revenues are received during

fiscal year 1997 so as to result in a final fiscal year 1997 appropriation from the General Fund estimated at not more than $0.

42 USC 7171

note.
PUBLIC LAW 104–206—SEPT. 30, 1996 110 STAT. 2999

GENERAL PROVISIONS

PRIORITY PLACEMENT, JOB PLACEMENT, RETRAINING, AND COUNSEL- ING PROGRAMS FOR UNITED STATES DEPARTMENT OF ENERGY

EMPLOYEES AFFECTED BY A REDUCTION IN FORCE

SEC. 301. (a) DEFINITIONS.— (1) For the purposes of this section, the term ‘‘agency’’

means the United States Department of Energy.

(2) For the purposes of this section, the term ‘‘eligible

employee’’ means any employee of the agency who—

(A) is scheduled to be separated from service due to

a reduction in force under—

(i) regulations prescribed under section 3502 of

title 5, United States Code; or

(ii) procedures established under section 3595 of

title 5, United States Code; or

(B) is separated from service due to such a reduction

in force, but does not include—

(i) an employee separated from service for cause

on charges of misconduct or delinquency; or

(ii) an employee who, at the time of separation,

meets the age and service requirements for an immediate annuity under subchapter III of chapter 83 or

chapter 84 of title 5, United States Code.

(b) PRIORITY PLACEMENT AND RETRAINING PROGRAM.—Not later

than 30 days after the date of the enactment of this Act, the

United States Department of Energy shall establish an agencywide priority placement and retraining program for eligible

employees.

(c) The priority placement program established under subsection (b) shall include provisions under which a vacant position

shall not be filled by the appointment or transfer of any individual

from outside of the agency if—

(1) there is then available any eligible employee who applies

for the position within 30 days of the agency issuing a job

announcement and is qualified (or can be trained or retrained

to become qualified within 90 days of assuming the position)

for the position; and

(2) the position is within the same commuting area as

the eligible employee’s last-held position or residence.

(d) JOB PLACEMENT AND COUNSELING SERVICES.—The head of

the agency may establish a program to provide job placement and

counseling services to eligible employees. A program established

under subsection (d) may include, but is not limited to, such services

as—

(1) career and personal counseling;

(2) training and job search skills; and

(3) job placement assistance, including assistance provided

through cooperative arrangements with State and local employment services offices.

SEC. 302. None of the funds appropriated by this or any other

Act may be used to implement section 3140 of H.R. 3230 as reported

by the Committee of Conference on July 30, 1996. The Secretary

of Energy shall develop a plan to reorganize the field activities

and management of the national security functions of the Department of Energy and shall submit such plan to the Congress not

later than 120 days after the date of enactment of this Act. The

Plan.

42 USC 7252

note.

Establishment.

42 USC 7237.
110 STAT. 3000 PUBLIC LAW 104–206—SEPT. 30, 1996

plan will specifically identify all significant functions performed

by the Department’s national security operations and area offices

and make recommendations as to where those functions should

be performed.

TITLE IV

INDEPENDENT AGENCIES

APPALACHIAN REGIONAL COMMISSION

For expenses necessary to carry out the programs authorized

by the Appalachian Regional Development Act of 1965, as amended,

notwithstanding section 405 of said Act, and for necessary expenses

for the Federal Co-Chairman and the alternate on the Appalachian

Regional Commission and for payment of the Federal share of

the administrative expenses of the Commission, including services

as authorized by 5 U.S.C. 3109, and hire of passenger motor

vehicles, $160,000,000, to remain available until expended.

DEFENSE NUCLEAR FACILITIES SAFETY BOARD

SALARIES AND EXPENSES

For necessary expenses of the Defense Nuclear Facilities Safety

Board in carrying out activities authorized by the Atomic Energy

Act of 1954, as amended by Public Law 100–456, section 1441,

$16,000,000, to remain available until expended.

NUCLEAR REGULATORY COMMISSION

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Commission in carrying out

the purposes of the Energy Reorganization Act of 1974, as amended,

and the Atomic Energy Act of 1954, as amended, including the

employment of aliens; services authorized by 5 U.S.C. 3109; publication and dissemination of atomic information; purchase, repair,

and cleaning of uniforms; official representation expenses (not to

exceed $20,000); reimbursements to the General Services Administration for security guard services; hire of passenger motor vehicles

and aircraft, $471,800,000, to remain available until expended:

Provided, That of the amount appropriated herein, $11,000,000

shall be derived from the Nuclear Waste Fund: Provided further,

That from this appropriation, transfer of sums may be made to

other agencies of the Government for the performance of the work

for which this appropriation is made, and in such cases the sums

so transferred may be merged with the appropriation to which

transferred: Provided further, That moneys received by the Commission for the cooperative nuclear safety research program, services

rendered to foreign governments and international organizations,

and the material and information access authorization programs,

including criminal history checks under section 149 of the Atomic

Energy Act may be retained and used for salaries and expenses

associated with those activities, notwithstanding 31 U.S.C. 3302,

and shall remain available until expended: Provided further, That

revenues from licensing fees, inspection services, and other services

42 USC app. 401

note.
PUBLIC LAW 104–206—SEPT. 30, 1996 110 STAT. 3001

and collections estimated at $457,300,000 in fiscal year 1997 shall

be retained and used for necessary salaries and expenses in this

account, notwithstanding 31 U.S.C. 3302, and shall remain available until expended: Provided further, That the funds herein appropriated for regulatory reviews and other activities pertaining to

waste stored at the Hanford site, Washington, shall be excluded

from license fee revenues, notwithstanding 42 U.S.C. 2214: Provided

further, That the sum herein appropriated shall be reduced by

the amount of revenues received during fiscal year 1997 from licensing fees, inspection services and other services and collections,

excluding those moneys received for the cooperative nuclear safety

research program, services rendered to foreign governments and

international organizations, and the material and information

access authorization programs, so as to result in a final fiscal

year 1997 appropriation estimated at not more than $14,500,000.

OFFICE OF INSPECTOR GENERAL

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Office of Inspector General in

carrying out the provisions of the Inspector General Act of 1978,

as amended, including services authorized by 5 U.S.C. 3109,

$5,000,000, to remain available until expended; and in addition,

an amount not to exceed 5 percent of this sum may be transferred

from Salaries and Expenses, Nuclear Regulatory Commission: Provided, That notice of such transfers shall be given to the Committees

on Appropriations of the House and Senate: Provided further, That

from this appropriation, transfers of sums may be made to other

agencies of the Government for the performance of the work for

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

so transferred may be merged with the appropriation to which

transferred: Provided further, That revenues from licensing fees,

inspection services, and other services and collections shall be

retained and used for necessary salaries and expenses in this

account, notwithstanding 31 U.S.C. 3302, and shall remain available until expended: Provided further, That the sum herein appropriated shall be reduced by the amount of revenues received during

fiscal year 1997 from licensing fees, inspection services, and other

services and collections, so as to result in a final fiscal year 1997

appropriation estimated at not more than $0.

NUCLEAR WASTE TECHNICAL REVIEW BOARD

SALARIES AND EXPENSES

For necessary expenses of the Nuclear Waste Technical Review

Board, as authorized by Public Law 100–203, section 5051,

$2,531,000, to be derived from the Nuclear Waste Fund, and to

remain available until expended.

TENNESSEE VALLEY AUTHORITY

For the purpose of carrying out the provisions of the Tennessee

Valley Authority Act of 1933, as amended (16 U.S.C. ch. 12A),

including hire, maintenance, and operation of aircraft, and purchase

and hire of passenger motor vehicles, $106,000,000, to remain available until expended: Provided, That of the funds provided herein,

Notice.
110 STAT. 3002 PUBLIC LAW 104–206—SEPT. 30, 1996

$15,000,000 shall be made available for the Environmental

Research Center in Muscle Shoals, Alabama: Provided further, That

of the funds provided herein, $6,000,000 shall be made available

for operation, maintenance, improvement, and surveillance of Land

Between the Lakes: Provided further, That of the amount provided

herein, $15,000,000 shall be available for Economic Development

activities: Provided further, That none of the funds provided herein,

shall be available for detailed engineering and design or constructing a replacement for Chickamauga Lock and Dam on the Tennessee

River System.

TITLE V

GENERAL PROVISIONS

SEC. 501. (a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND

PRODUCTS.—It is the sense of the Congress that, to the greatest

extent practicable, all equipment and products purchased with

funds made available in this Act should be American-made.

(b) NOTICE REQUIREMENT.—In providing financial assistance

to, or entering into any contract with, any entity using funds

made available in this Act, the head of each Federal agency, to

the greatest extent practicable, shall provide to such entity a notice

describing the statement made in subsection (a) by the Congress.

(c) PROHIBITION OF CONTRACTS WITH PERSONS FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—If it has been finally determined by a court or Federal agency that any person intentionally

affixed a label bearing a ‘‘Made in America’’ inscription, or any

inscription with the same meaning, to any product sold in or shipped

to the United States that is not made in the United States, the

person shall be ineligible to receive any contract or subcontract

made with funds made available in this Act, pursuant to the debarment, suspension, and ineligibility procedures described in sections

9.400 through 9.409 of title 48, Code of Federal Regulations.

SEC. 502. 42 U.S.C. 7262 is repealed.

SEC. 503. (a) None of the funds appropriated or otherwise

made available by this Act may be used to determine the final

point of discharge for the interceptor drain for the San Luis Unit

until development by the Secretary of the Interior and the State

of California of a plan, which shall conform to the water quality

standards of the State of California as approved by the Administrator of the Environmental Protection Agency, to minimize any

detrimental effect of the San Luis drainage waters.

(b) The costs of the Kesterson Reservoir Cleanup Program

and the costs of the San Joaquin Valley Drainage Program shall

be classified by the Secretary of the Interior as reimbursable or

nonreimbursable and collected until fully repaid pursuant to the

‘‘Cleanup Program—Alternative Repayment Plan’’ and the

‘‘SJVDP—Alternative Repayment Plan’’ described in the report entitled ‘‘Repayment Report, Kesterson Reservoir Cleanup Program

and San Joaquin Valley Drainage Program, February 1995’’, prepared by the Department of the Interior, Bureau of Reclamation.

Any future obligations of funds by the United States relating to,

or providing for, drainage service or drainage studies for the San

Luis Unit shall be fully reimbursable by San Luis Unit beneficiaries

of such service or studies pursuant to Federal Reclamation law.

California.
PUBLIC LAW 104–206—SEPT. 30, 1996 110 STAT. 3003

SEC. 504. None of the funds made available in this Act may

be used to revise the Missouri River Master Water Control Manual

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

the funds are made available that such revision provides for an

increase in the springtime water release program during the spring

heavy rainfall and snow melt period in States that have rivers

draining into the Missouri River below the Gavins Point Dam.

SEC. 505. Public Law 101–514, the Energy and Water Development Appropriations Act, 1991, is amended effective September

30, 1997 or upon operation of the temperature control device, by

striking the proviso under the heading ‘‘Construction, Rehabilitation, Operation and Maintenance, Western Area Power

Administration’’.

SEC. 506. The Secretary of the Interior shall extend the water

service contracts for the following projects, entered into by the

Secretary of the Interior under subsection (e) of section 9 of the

Reclamation Project Act of 1939 (43 U.S.C. 485h) and section 9(c)

of the Act of December 22, 1944 (58 Stat. 891, chapter 665), for

a period of 1 additional year after the dates on which each of

the contracts, respectively, would expire but for this section:

(1) The Bostwick District (Kansas portion), Missouri River

Basin Project, consisting of the project constructed and operated

under the Act of December 22, 1944 (58 Stat. 887, chapter

665), as a component of the Pick-Sloan Missouri Basin Program,

situated in Republic County, Jewell County, and Cloud County,

Kansas.

(2) The Bostwick District (Nebraska portion), Missouri

River Basin Project, consisting of the project constructed and

operated under the Act of December 22, 1944 (58 Stat. 887,

chapter 665), as a component of the Pick-Sloan Missouri Basin

Program, situated in Harlan County, Franklin County, Webster

County, and Nuckolls County, Nebraska.

(3) The Frenchman-Cambridge District, Missouri River

Basin Project, consisting of the project constructed and operated

under the Act of December 22, 1944 (58 Stat. 887, chapter

665), as a component of the Pick-Sloan Missouri Basin Program,

situated in Chase County, Frontier County, Hitchcock County,

Furnas County, and Harlan County, Nebraska.

SEC. 507. Funds made available by this Act to the Department

of Energy shall be available only for the purposes for which they

have been made available by this Act. The Department of Energy

shall report by February 28, 1997 to the Committees on Appropriations of the House and Senate on the Department of Energy’s

adherence to the recommendations included in the accompanying

report.

SEC. 508. (a) DENIAL OF FUNDS FOR PREVENTING ROTC ACCESS

TO CAMPUS.—None of the funds made available in this Act may

be provided by contract or by grant (including a grant of funds

to be available for student aid) to a subelement of an institution

of higher education when it is made known to the Federal official

having authority to obligate or expend such funds that the subelement of such institution has a policy or practice (regardless of

when implemented) that prohibits, or in effect prevents—

(1) the maintaining, establishing, or operation of a unit

of the Senior Reserve Officer Training Corps (in accordance

with section 654 of title 10, United States Code, and other

Reports.

Contracts.

Kansas.

Nebraska.

Ante, p. 415.

Effective date.
110 STAT. 3004 PUBLIC LAW 104–206—SEPT. 30, 1996

applicable Federal laws) at the subelement of such

institution; or

(2) a student at the institution (or subelement) from enrolling in a unit of the Senior Reserve Officer Training Corps

at another institution of higher education.

(b) EXCEPTION.—The limitation established in subsection (a)

shall not apply to an institution of higher education when it is

made known to the Federal official having authority to obligate

or expend such funds that—

(1) the institution (or subelement) has ceased the policy

or practice described in such subsection; or

(2) the institution has a longstanding policy of pacifism

based on historical religious affiliation.

SEC. 509. (a) DENIAL OF FUNDS FOR PREVENTING FEDERAL

MILITARY RECRUITING ON CAMPUS.—None of the funds made available in this Act may be provided by contract or grant (including

a grant of funds to be available for student aid) to a subelement

of an institution of higher education when it is made known to

the Federal official having authority to obligate or expend such

funds that the subelement of such institution has a policy or practice

(regardless of when implemented) that prohibits, or in effect

prevents—

(1) entry to campuses, or access to students (who are 17

years of age or older) on campuses, for purposes of Federal

military recruiting; or

(2) access to the following information pertaining to students (who are 17 years of age or older) for purposes of Federal

military recruiting: student names, addresses, telephone listings, dates and places of birth, levels of education, degrees

received, prior military experience, and the most recent previous educational institutions enrolled in by the students.

(b) EXCEPTION.—The limitation established in subsection (a)

shall not apply to an institution of higher education when it is

made known to the Federal official having authority to obligate

or expend such funds that—

(1) the institution (or subelement) has ceased the policy

or practice described in such subsection; or

(2) the institution has a longstanding policy of pacifism

based on historical religious affiliation.

SEC. 510. None of the funds made available in this Act may

be obligated or expended to enter into or renew a contract with

an entity when it is made known to the Federal official having

authority to obligate or expend such funds that—

(1) such entity is otherwise a contractor with the United

States and is subject to the requirement in section 4212(d)

of title 38, United States Code, regarding submission of an

annual report to the Secretary of Labor concerning employment

of certain veterans; and

(2) such entity has not submitted a report as required

by that section for the most recent year for which such requirement was applicable to such entity.

SEC. 511. The Administrator may offer employees voluntary

separation incentives as deemed necessary which shall not exceed

$25,000. Recipients who accept employment with the United States

within five years after separation shall repay the entire amount

to the Bonneville Power Administration. This authority shall expire

September 30, 2000.

Expiration date.

Voluntary

separation

payments.

16 USC 832m

note.
PUBLIC LAW 104–206—SEPT. 30, 1996 110 STAT. 3005

SEC. 512. Following section 4(h)(10)(C) of the Northwest Power

Planning and Conservation Act, insert the following new section:

(4)(h)(10)(D) INDEPENDENT SCIENTIFIC REVIEW PANEL.—(i) The

Northwest Power Planning Council (Council) shall appoint an

Independent Scientific Review Panel (Panel), which shall be comprised of eleven members, to review projects proposed to be funded

through that portion of the Bonneville Power Administration’s

(BPA) annual fish and wildlife budget that implements the Council’s

fish and wildlife program. Members shall be appointed from a

list of no fewer than 20 scientists submitted by the National Academy of Sciences (Academy), provided that Pacific Northwest scientists with expertise in Columbia River anadromous and nonanadromous fish and wildlife and ocean experts shall be among

those represented on the Panel. The Academy shall provide such

nominations within 90 days of the date of this enactment, and

in any case not later than December 31, 1996. If appointments

are required in subsequent years, the Council shall request nominations from the Academy and the Academy shall provide nominations

not later than 90 days after the date of this request. If the Academy

does not provide nominations within these time requirements, the

Council may appoint such members as the Council deems

appropriate.

(ii) SCIENTIFIC PEER REVIEW GROUPS.—The Council shall establish Scientific Peer Review Groups (Peer Review Groups), which

shall be comprised of the appropriate number of scientists, from

a list submitted by the Academy to assist the Panel in making

its recommendations to the Council for projects to be funded through

BPA’s annual fish and wildlife budget, provided that Pacific Northwest scientists with expertise in Columbia River anadromous and

non-anadromous fish and wildlife and ocean experts shall be among

those represented on the Peer Review Groups. The Academy shall

provide such nominations within 90 days of the date of this enactment, and in any case not later than December 31, 1996. If appointments are required in subsequent years, the Council shall request

nominations from the Academy and the Academy shall provide

nominations not later than 90 days after the date of this request.

If the Academy does not provide nominations within these time

requirements, the Council may appoint such members as the Council deems appropriate.

(iii) CONFLICT OF INTEREST AND COMPENSATION.—Panel and

Peer Review Group members may be compensated and shall be

considered subject to the conflict of interest standards that apply

to scientists performing comparable work for the National Academy

of Sciences; provided that a Panel or Peer Review Group members

with a direct or indirect financial interest in a project, or projects,

shall recuse himself or herself from review of, or recommendations

associated with, such project or projects. All expenses of the Panel

and the Peer Review Groups shall be paid by BPA as provided

for under paragraph (vii). Neither the Panel nor the Peer Review

Groups shall be deemed advisory committees within the meaning

of the Federal Advisory Committee Act.

(iv) PROJECT CRITERIA AND REVIEW.—The Peer Groups, in

conjunction with the Panel, shall review projects proposed to be

funded through BPA’s annual fish and wildlife budget and make

recommendations on matters related to such projects to the Council

no later than June 15 of each year. If the recommendations are

not received by the Council by this date, the Council may proceed

Fish and wildlife.

16 USC 839b.
110 STAT. 3006 PUBLIC LAW 104–206—SEPT. 30, 1996

to make final recommendations on project funding to BPA, relying

on the best information available. The Panel and Peer Review

Groups shall review a sufficient number of projects to adequately

ensure that the list of prioritized projects recommended is consistent

with the Council’s program. Project recommendations shall be based

on a determination that projects: are based on sound science principles; benefit fish and wildlife; and have a clearly defined objective

and outcome with provisions for monitoring and evaluation of

results. The Panel, with assistance from the Peer Review Groups,

shall review, on an annual basis, the results of prior year expenditures based upon these criteria and submit its findings to the

Council for its review.

(v) PUBLIC REVIEW.—Upon completion of the review of projects

to be funded through BPA’s annual fish and wildlife budget, the

Peer Review Groups shall submit its findings to the Panel. The

Panel shall analyze the information submitted by the Peer Review

Groups and submit recommendations on project priorities to the

Council. The Council shall make the Panel’s findings available

to the public and subject to public comment.

(vi) RESPONSIBILITIES OF THE COUNCIL.—The Council shall fully

consider the recommendations of the Panel when making its final

recommendations of projects to be funded through BPA’s annual

fish and wildlife budget, and if the Council does not incorporate

a recommendation of the Panel, the Council shall explain in writing

its reasons for not accepting Panel recommendations. In making

its recommendations to BPA, the Council shall consider the impact

of ocean conditions on fish and wildlife populations and shall determine whether the projects employ cost-effective measures to achieve

program objectives. The Council, after consideration of the recommendations of the Panel and other appropriate entities, shall

be responsible for making the final recommendations of projects

to be funded through BPA’s annual fish and wildlife budget.

(vii) COST LIMITATION.—The cost of this provision shall not

exceed $2,000,000 in 1997 dollars.

(viii) EXPIRATION.—This paragraph shall expire on September

30, 2000.

DESIGNATION OF JIM CHAPMAN LAKE

SEC. 513. Cooper Lake, located on the Sulphur River near

Cooper, Texas, is named and designated as the ‘‘Jim Chapman

Lake’’. Any reference in a law, map, regulation, document, or record

of the United States to such lake shall be held to be a reference

to the ‘‘Jim Chapman Lake’’.

DESIGNATION OF WILLIAM L. JESS DAM AND INTAKE STRUCTURE

SEC. 514. The dam located at mile 158.6 on the Rogue River

in Jackson County, Oregon, and commonly known as the Lost

Creek Dam Lake Project, shall be known and designated as the

‘‘William L. Jess Dam and Intake Structure’’. Any reference in

a law, map, regulation, document, paper, or other record of the

United States to the dam referred to as Lost Creek Dam Lake

Project, shall be deemed to be a reference to the ‘‘William L.

Jess Dam and Intake Structure’’.

Oregon.

Texas.
PUBLIC LAW 104–206—SEPT. 30, 1996 110 STAT. 3007

LEGISLATIVE HISTORY—H.R. 3816 (S. 1959):

HOUSE REPORTS: Nos. 104–679 (Comm. on Appropriations) and 104–782 (Comm.

of Conference).

SENATE REPORTS: No. 104–320 accompanying S. 1959 (Comm. on Appropriations).

CONGRESSIONAL RECORD, Vol. 142 (1996):

July 24, 25, considered and passed House.

July 26, 29, 30, considered and passed Senate, amended, in lieu of S. 1959.

Sept. 12, House agreed to conference report.

Sept. 17, Senate agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996):

Sept. 30, Presidential statement.

Æ

DESIGNATION OF J. BENNETT JOHNSTON WATERWAY

SEC. 515. The portion of the Red River, Louisiana, from new

river mile 0 to new river mile 235 shall be known and designated

as the ‘‘J. Bennett Johnston Waterway’’. Any reference in a law,

map, regulation, document, paper, or other record of the United

States to such portion of the Red River shall be deemed to be

a reference to the ‘‘J. Bennett Johnston Waterway’’.

This Act may be cited as the ‘‘Energy and Water Development

Appropriations Act, 1997’’.

Approved September 30, 1996.

Louisiana.