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[104th Congress Public Law 206]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ206.104]

          ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 1997
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. <<NOTE: Sept. 
                       30, 1996 -  [H.R. 3816]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Energy and Water 
Development Appropriations Act, 1997.>>  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;
            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;

            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, <<NOTE: Iowa. Recreation and recreational 
        areas. Wildlife.>> 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 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 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, 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: <<NOTE: Plan.>> 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. <<NOTE: Contracts.>>  (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 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. <<NOTE: Effective date.>>  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.
    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 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 <<NOTE: 43 USC 2241.>>  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 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.

                              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.
     <<NOTE: Kentucky. Ohio. Guidelines.>> 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) <<NOTE: Ante, p. 1321-340.>> 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, <<NOTE: Assessment. 42 USC 10134 note.>>  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 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 
Department 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. 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, 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 appropriated, $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 
hydroelectric facilities at the Falcon and Amistad Dams, $970,000, to 
remain available until expended, and to be derived from the Falcon and 
Amistad Operating and Maintenance Fund of the Western Area Power 
Administration, as provided in section 423 of the Foreign Relations 
Authorization Act, fiscal years 1994 and 1995.

                  Federal Energy Regulatory Commission

                          salaries and expenses

    For necessary expenses of the Federal Energy Regulatory Commission 
to carry out the provisions of the Department of Energy Organization Act 
(42 U.S.C. 7101, et seq.), including services as authorized by 5 U.S.C. 
3109, the hire of passenger motor vehicles, and official reception and 
representation expenses (not to exceed $3,000), $146,290,000, to remain 
available until expended: Provided, That not <<NOTE: 42 USC 7171 
note.>> withstanding 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.

                           General Provisions

 priority placement, job placement, retraining, and counseling programs 
                 for united states department of energy 
               employees affected by a reduction in force

    Sec. 301. <<NOTE: 42 USC 7237.>>  (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) <<NOTE: Establishment.>>  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 agency-
wide 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. <<NOTE: 42 USC 7252 note.>>  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. <<NOTE: Plan.>> 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 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

     <<NOTE: 42 USC app. 401 note.>> 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 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, 
<<NOTE: Notice.>> 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, $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) <<NOTE: California.>> The costs of the Kesterson Reservoir 
Cleanup Program and the costs of the San Joaquin Valley Drainage Program 
shall be classified by the Secretary of the Interior as reimbursable or 
nonreimbursable and collected until fully repaid pursuant to the 
``Cleanup Program--Alternative Repayment Plan'' and the ``SJVDP--
Alternative Repayment Plan'' described in the report entitled 
``Repayment Report, Kesterson Reservoir Cleanup Program and San Joaquin 
Valley Drainage Program, February 1995'', prepared by the Department of 
the Interior, Bureau of Reclamation. Any future obligations of funds by 
the United States relating to, or providing for, drainage service or 
drainage studies for the San Luis Unit shall be fully reimbursable by 
San Luis Unit beneficiaries of such service or studies pursuant to 
Federal Reclamation law.

    Sec. 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. <<NOTE: Effective date.>>  Public Law 101-514, the Energy 
and Water Development Appropriations Act, 1991, <<NOTE: Ante, p. 415.>>  
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. <<NOTE: Contracts. Kansas. Nebraska.>>  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. <<NOTE: Reports.>> 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 
        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. <<NOTE: Voluntary separation payments. 16 USC 832m 
note.>>  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. <<NOTE: Expiration date.>> This authority shall 
expire September 30, 2000.

    Sec. 512. Following section 4(h)(10)(C) of the Northwest Power 
Planning and Conservation Act, <<NOTE: 16 USC 839b.>>  insert the 
following new section:

    (4)(h)(10)(D) <<NOTE: Fish and wildlife.>>  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 non-anadromous 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 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 <<NOTE: texas.>> 

    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 <<NOTE: oregon.>> 

    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''.

designation of j. bennett johnston waterway <<NOTE: louisiana.>> 

    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.

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.

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