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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1959 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 496

104th CONGRESS

  2d Session

                                S. 1959

                          [Report No. 104-320]

_______________________________________________________________________

                                 A BILL

 Making appropriations for energy and water development for the fiscal 
        year ending September 30, 1997, and for other purposes.

_______________________________________________________________________

                             July 16, 1996

                 Read twice and placed on the calendar

                                                       Calendar No. 196
104th CONGRESS
  2d Session
                                S. 1959

                          [Report No. 104-320]

 Making appropriations for energy and water development for the fiscal 
        year ending September 30, 1997, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 16, 1996

   Mr. Domenici, from the Committee on Appropriations, reported the 
    following original bill; which was read twice and placed on the 
                                calendar

_______________________________________________________________________

                                 A BILL

 
 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, $154,557,000, to remain available until expended, of 
which funds are provided for the following projects in the amounts 
specified:
            Coastal Studies Navigation Improvements, Alaska, $500,000;
            Red River Navigation, Southwest, Arkansas, $600,000;
            Barnegat Inlet to Little Egg Harbor Inlet, New Jersey, 
        $300,000;
            South Shore of Staten Island, New York, $300,000; and
            Rhode Island South Coast, Habitat Restoration and Storm 
        Damage Reduction, Rhode Island, $300,000.

                         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), $1,024,195,000, 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 construction 
costs for Montgomery Point Lock and Dam, Arkansas, and 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:
            Larsen Bay Harbor, Alaska, $2,000,000;
            Ouzinkie Harbor, Alaska, $2,000,000;
            Valdez Harbor, Alaska, Intertidal Water Retention, 
        $1,000,000;
            Red River Emergency Bank Protection, Arkansas, $6,000,000;
            Indianapolis Central Waterfront, Indiana, $2,000,000;
            Harlan (Levisa and Tug Forks of the Big Sandy River and 
        Upper Cumberland River), Kentucky, $10,000,000;
            Williamsburg (Levisa and Tug Forks of the Big Sandy River 
        and Upper Cumberland River), Kentucky, $4,700,000;
            Middlesboro (Levisa and Tug Forks of the Big Sandy River 
        and Upper Cumberland River), Kentucky, $4,000,000;
            Pike County (Levisa and Tug Forks of the Big Sandy River 
        and Upper Cumberland River), Kentucky, $3,000,000;
            Ouachita River Levees, Louisiana, $2,600,000;
            Lake Pontchartrain and Vicinity, Louisiana, $18,525,000;
            Lake Pontchartrain (Jefferson Parish) Stormwater Discharge, 
        Louisiana, $3,500,000;
            Red River Emergency Bank Protection, Louisiana, $4,400,000;
            Red River Chloride Control, Texas, $4,500,000;
            Wallisville Lake, Texas, $5,000,000;
            Richmond Filtration Plant, Virginia, $3,500,000;
            Virginia Beach, Virginia, Hurricane Protection, $6,000,000;
            Hatfield Bottom (Levisa and Tug Forks of the Big Sandy 
        River and Upper Cumberland River), West Virginia, $1,600,000;
            Lower Mingo (Kermit) (Levisa and Tug Forks of the Big Sandy 
        River and Upper Cumberland River), $4,200,000;
            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, $4,000,000: 
        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.

 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), $312,513,000, 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.

                   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, 
$1,700,358,000, 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: Provided, 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.

                           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.

                            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, $153,000,000, 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 the Secretary of the Army may 
not obligate any funds available to the Department of the Army for the 
closure of the Pacific Ocean Division Office of the Army Corps of 
Engineers.

                       administrative provisions

    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

    Sec. 101. 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 $19,250,000 and an 
estimated first non-Federal cost of $19,250,000.
    Sec. 102. Funds previously provided under the Fiscal Year 1993 
Energy and Water Development 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. 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. From the date of enactment of this Act, 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. (a) In fiscal year 1997, the Secretary of the Army shall 
advertise for competitive bid at least 7,500,000 cubic yards of the 
hooper dredge volume accomplished with government owned dredges in 
fiscal year 1996.
    (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. 108. 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.

                                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, $18,105,000, 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.

                          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, $410,499,000, to 
remain available until expended, of which $23,410,000 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 $71,728,000 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 conservation funds are first made available.

                       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, $280,876,000, 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, $48,971,000, 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), 
$2,749,043,000, 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); $42,200,000, 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 $0.

      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, $220,200,000, to be 
derived from the Fund, to remain available until expended.

                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, $1,000,626,000, 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, $200,028,000, to remain 
available until expended, to be derived from the Nuclear Waste Fund: 
Provided, That no later than June 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 June 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), $218,017,000, 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 
$92,629,000.

                    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, $23,103,000, 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), $3,978,602,000, 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), $5,615,210,000, to remain 
available until expended: Provided, That an additional amount of 
$182,000,000 is available for privatization initiatives.

                        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), 
$1,606,833,000, 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, 
$13,859,000, 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, 
$201,582,000, to remain available until expended, of which $172,378,000 
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 
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.

                                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, $165,000,000, 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, $17,000,000, to 
remain available until expended.

                    Delaware River Basin Commission

            contribution to delaware river basin commission

    For payment of the United States share of the current expenses of 
the Delaware River Basin Commission, as authorized by law (75 Stat. 
706, 707), $500,000.

            Interstate Commission on the Potomac River Basin

    contribution to interstate commission on the potomac river basin

    To enable the Secretary of the Treasury to pay in advance to the 
Interstate Commission on the Potomac River Basin the Federal 
contribution toward the expenses of the Commission during the current 
fiscal year in the administration of its business in the conservancy 
district established pursuant to the Act of July 11, 1940 (54 Stat. 
748), as amended by the Act of September 25, 1970 (Public Law 91-407), 
$508,000.

                     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, subject to the authorization required in this bill 
under the heading, ``Nuclear Waste Disposal 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, 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 
transferred from the Nuclear Waste Fund and to remain available until 
expended.

                   Susquehanna River Basin Commission

           contribution to susquehanna river basin commission

    For payment of the United States share of the current expenses of 
the Susquehanna River Basin Commission, as authorized by law (84 Stat. 
1530, 1531), $300,000.

                       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, $113,000,000, to remain available until 
expended: Provided, That of the funds provided herein, not more than 
$20,000,000 shall be made available for the Environmental Research 
Center in Muscle Shoals, Alabama: Provided further, That of the funds 
provided herein, not more than $8,000,000 shall be made available for 
operation, maintenance, improvement, and surveillance of Land Between 
the Lakes: Provided further, That of the amount provided herein, not 
more than $9,000,000 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.
    Sec. 502. The Secretary of the Interior shall extend the 
construction repayment and water service contracts for the following 
projects, entered into by the Secretary of the Interior under 
subsections (d) and (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. 503. Notwithstanding the provisions of 31 U.S.C., 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 and only in accordance with the recommendations contained in this 
report.
    Sec. 504. Following section 4(g)(3) of the Northwest Power Planning 
and Conservation Act, insert the following new section:
    ``(4)(g)(4) Independent Scientific Review Panel.--(i) The Northwest 
Power Planning Council (Council) shall appoint an Independent 
Scientific Review Panel (Panel), which shall be comprised of five 
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 annual fish and wildlife program. 
Members shall be appointed from a list submitted by the National 
Academy of Sciences, provided that Pacific Northwest scientists with 
expertise in Columbia river anadramous and non-anadramous fish and 
wildlife and ocean experts shall be represented on the Panel. The 
Council shall appoint members to the Panel that do not have a financial 
interest in the projects to be reviewed, other than any compensation 
that may be provided for performing its functions on the Panel. Panel 
employees may be compensated and shall be considered as special 
government employees subject to 45 CFR 684.10 through 684.22.
    ``(ii) The Panel shall review projects proposed to be funded 
through BPA's annual fish and wildlife budget and make recommendations 
on matters related to each project to the Council. Project 
recommendations shall be based on a determination that each project: is 
based on sound science principles; benefits fish and wildlife; has a 
clearly defined objective and outcome with provisions for monitoring 
and evaluation of results; and employs cost effective measures to 
achieve its objective. The Panel shall review, on an annual basis, 
prior year expenditures based upon these criteria and submit its 
findings to the Council for its review.
    ``(iii) The Council shall fully consider the findings of the Panel 
when making its final recommendations for 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 the Panel's recommendations. The 
Council shall also take into consideration the impact of ocean 
conditions on fish and wildlife populations in making its 
recommendations to the BPA. The Council, after consideration of the 
recommendations of the Panel and other entities, shall be responsible 
for making the final recommendations of projects to be funded through 
BPA's annual fish and wildlife budget.''.
    This Act may be cited as the ``Energy and Water Development 
Appropriations Act, 1997''.
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