Calendar No. 496

104TH CONGRESS

2D SESSION S. 1959

[Report No. 104–320]

A BILL

Making appropriations for energy and water devel1997, and for other purposes. opment for the fiscal year ending September 30,

JULY 16, 1996

Read twice and placed on the calendar
II

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

5 fiscal year ending September 30, 1997, for energy and

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

2 DEPARTMENT OF DEFENSE—CIVIL

3 DEPARTMENT OF THE ARMY

4 CORPS OF ENGINEERS—CIVIL

5 The following appropriations shall be expended under

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

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

11 GENERAL INVESTIGATIONS

12 For expenses necessary for the collection and study

13 of basic information pertaining to river and harbor, flood

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

15 authorized projects, miscellaneous investigations, and,

16 when authorized by laws, surveys and detailed studies and

17 plans and specifications of projects prior to construction,

18 $154,557,000, to remain available until expended, of

19 which funds are provided for the following projects in the

20 amounts specified:

21 Coastal Studies Navigation Improvements,

22 Alaska, $500,000;

23 Red River Navigation, Southwest, Arkansas,

24 $600,000;

25 Barnegat Inlet to Little Egg Harbor Inlet, New

26 Jersey, $300,000;
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1 South Shore of Staten Island, New York,

2 $300,000; and

3 Rhode Island South Coast, Habitat Restoration

4 and Storm Damage Reduction, Rhode Island,

5 $300,000.

6 CONSTRUCTION, GENERAL

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

8 shore protection, and related projects authorized by laws;

9 and detailed studies, and plans and specifications, of

10 projects (including those for development with participa11 tion or under consideration for participation by States,

12 local governments, or private groups) authorized or made

13 eligible for selection by law (but such studies shall not con14 stitute a commitment of the Government to construction),

15 $1,024,195,000, to remain available until expended, of

16 which such sums as are necessary pursuant to Public Law

17 99–662 shall be derived from the Inland Waterways Trust

18 Fund, for one-half of the costs of construction and reha19 bilitation of inland waterways projects, including construc20 tion costs for Montgomery Point Lock and Dam, Arkan21 sas, and rehabilitation costs for the Lock and Dam 25,

22 Mississippi River, Illinois and Missouri, Lock and Dam

23 14, Mississippi River, Iowa, and Lock and Dam 24, Mis24 sissippi River, Illinois and Missouri, projects, and of which

25 funds are provided for the following projects in the

26 amounts specified:
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1 Larsen Bay Harbor, Alaska, $2,000,000;

2 Ouzinkie Harbor, Alaska, $2,000,000;

3 Valdez Harbor, Alaska, Intertidal Water Reten4 tion, $1,000,000;

5 Red River Emergency Bank Protection, Arkan6 sas, $6,000,000;

7 Indianapolis Central Waterfront, Indiana,

8 $2,000,000;

9 Harlan (Levisa and Tug Forks of the Big

10 Sandy River and Upper Cumberland River), Ken11 tucky, $10,000,000;

12 Williamsburg (Levisa and Tug Forks of the Big

13 Sandy River and Upper Cumberland River), Ken14 tucky, $4,700,000;

15 Middlesboro (Levisa and Tug Forks of the Big

16 Sandy River and Upper Cumberland River), Ken17 tucky, $4,000,000;

18 Pike County (Levisa and Tug Forks of the Big

19 Sandy River and Upper Cumberland River), Ken20 tucky, $3,000,000;

21 Ouachita River Levees, Louisiana, $2,600,000;

22 Lake Pontchartrain and Vicinity, Louisiana,

23 $18,525,000;

24 Lake Pontchartrain (Jefferson Parish)

25 Stormwater Discharge, Louisiana, $3,500,000;
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1 Red River Emergency Bank Protection, Louisi2 ana, $4,400,000;

3 Red River Chloride Control, Texas, $4,500,000;

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

5 Richmond Filtration Plant, Virginia,

6 $3,500,000;

7 Virginia Beach, Virginia, Hurricane Protection,

8 $6,000,000;

9 Hatfield Bottom (Levisa and Tug Forks of the

10 Big Sandy River and Upper Cumberland River),

11 West Virginia, $1,600,000;

12 Lower Mingo (Kermit) (Levisa and Tug Forks

13 of the Big Sandy River and Upper Cumberland

14 River), $4,200,000;

15 Lower Mingo, West Virginia, Tributaries Sup16 plement, $105,000; and

17 Upper Mingo County (Levisa and Tug Forks of

18 the Big Sandy River and Upper Cumberland River),

19 West Virginia, $4,000,000: Provided, That of the

20 funds provided for the Red River Waterway, Mis21 sissippi River to Shreveport, Louisiana, project,

22 $3,000,000 is provided, to remain available until ex23 pended, for design and construction of a regional

24 visitor center in the vicinity of Shreveport, Louisiana

25 at full Federal expense.
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1 FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBU2 TARIES, ARKANSAS, ILLINOIS, KENTUCKY, LOUISI3 ANA, MISSISSIPPI, MISSOURI, AND TENNESSEE

4 For expenses necessary for prosecuting work of flood

5 control, and rescue work, repair, restoration, or mainte6 nance of flood control projects threatened or destroyed by

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

8 $312,513,000, to remain available until expended: Pro9 vided, That the President of the Mississippi River Com10 mission is directed henceforth to use the variable cost re11 covery rate set forth in OMB Circular A–126 for use of

12 the Commission aircraft authorized by the Flood Control

13 Act of 1946, Public Law 526.

14 OPERATION AND MAINTENANCE, GENERAL

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

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

18 may be necessary for the maintenance of harbor channels

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

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

22 northern and northwestern lakes and connecting waters;

23 clearing and straightening channels; and removal of ob24 structions to navigation, $1,700,358,000, to remain avail25 able until expended, of which such sums as become avail26 able in the Harbor Maintenance Trust Fund, pursuant to
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1 Public Law 99–662, may be derived from that fund, and

2 of which such sums as become available from the special

3 account established by the Land and Water Conservation

4 Act of 1965, as amended (16 U.S.C. 460l), may be derived

5 from that fund for construction, operation, and mainte6 nance of outdoor recreation facilities: Provided, That the

7 Secretary of the Army is directed to design and implement

8 at full Federal expense an early flood warning system for

9 the Greenbrier and Cheat River Basins, West Virginia

10 within eighteen months from the date of enactment of this

11 Act: Provided further, That the Secretary of the Army is

12 directed during fiscal year 1997 to maintain a minimum

13 conservation pool level of 475.5 at Wister Lake in Okla14 homa: Provided further, That no funds, whether appro15 priated, contributed, or otherwise provided, shall be avail16 able to the United States Army Corps of Engineers for

17 the purpose of acquiring land in Jasper County, South

18 Carolina, in connection with the Savannah Harbor naviga19 tion project.

20 REGULATORY PROGRAM

21 For expenses necessary for administration of laws

22 pertaining to regulation of navigable waters and wetlands,

23 $101,000,000, to remain available until expended.

24 FLOOD CONTROL AND COASTAL EMERGENCIES

25 For expenses necessary for emergency flood control,

26 hurricane, and shore protection activities, as authorized
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1 by section 5 of the Flood Control Act approved August

2 18, 1941, as amended, $10,000,000, to remain available

3 until expended.

4 GENERAL EXPENSES

5 For expenses necessary for general administration

6 and related functions in the Office of the Chief of Engi7 neers and offices of the Division Engineers; activities of

8 the Coastal Engineering Research Board, the Humphreys

9 Engineer Center Support Activity, the Engineering Stra10 tegic Studies Center, and the Water Resources Support

11 Center, and for costs of implementing the Secretary of the

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

13 directed in title I, Public Law 104–46, $153,000,000, to

14 remain available until expended: Provided, That no part

15 of any other appropriation provided in title I of this Act

16 shall be available to fund the activities of the Office of

17 the Chief of Engineers or the executive direction and man18 agement activities of the Division Offices: Provided fur19 ther, That the Secretary of the Army may not obligate any

20 funds available to the Department of the Army for the

21 closure of the Pacific Ocean Division Office of the Army

22 Corps of Engineers.

23 ADMINISTRATIVE PROVISIONS

24 Appropriations in this title shall be available for offi25 cial reception and representation expenses (not to exceed

26 $5,000); and during the current fiscal year the revolving
9

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

2 (not to exceed 100 for replacement only) and hire of pas3 senger motor vehicles.

4 GENERAL PROVISIONS

5 SEC. 101. The flood control project for Arkansas

6 City, Kansas authorized by section 401(a) of the Water

7 Resources Development Act of 1986 (Public Law 99–662,

8 100 Stat. 4116) is modified to authorize the Secretary of

9 the Army to construct the project at a total cost of

10 $38,500,000, with an estimated first Federal cost of

11 $19,250,000 and an estimated first non-Federal cost of

12 $19,250,000.

13 SEC. 102. Funds previously provided under the Fiscal

14 Year 1993 Energy and Water Development Act, Public

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

16 are hereby made available to plan and implement long

17 term management measures at Elk Creek Dam to main18 tain the project in an uncompleted state and to take nec19 essary steps to provide passive fish passage through the

20 project.

21 SEC. 103. The flood control project for Moorefield,

22 West Virginia, authorized by section 101(a)(25) of the

23 Water Resources Development Act of 1990 (Public Law

24 101–640, 104 Stat. 4610) is modified to authorize the

25 Secretary of the Army to construct the project at a total

26 cost of $26,200,000, with an estimated first Federal cost
10

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

2 of $5,900,000.

3 SEC. 104. The project for navigation, Grays Landing

4 Lock and Dam, Monongahela River, Pennsylvania (Lock

5 and Dam 7 Replacement), authorized by section 301(a)

6 of the Water Resources Development Act of 1986 (Public

7 Law 99–662, 100 Stat. 4110) is modified to authorize the

8 Secretary of the Army to construct the project at a total

9 cost of $181,000,000, with an estimated first Federal cost

10 of $181,000,000.

11 SEC. 105. From the date of enactment of this Act,

12 flood control measures implemented under Section 202(a)

13 of Public Law 96–367 shall prevent future losses that

14 would occur from a flood equal in magnitude to the April

15 1977 level by providing protection from the April 1977

16 level or the 100-year frequency event, whichever is greater.

17 SEC. 106. Notwithstanding any other provision of

18 law, the Secretary of the Army, acting through the Chief

19 of Engineers, is authorized to reprogram, obligate and ex20 pend such additional sums as are necessary to continue

21 construction and cover anticipated contract earnings of

22 any water resources project that received an appropriation

23 or allowance for construction in or through an appropria24 tions Act or resolution of the then-current fiscal year or

25 the two fiscal years immediately prior to that fiscal year,
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1 in order to prevent the termination of a contract or the

2 delay of scheduled work.

3 SEC. 107. (a) In fiscal year 1997, the Secretary of

4 the Army shall advertise for competitive bid at least

5 7,500,000 cubic yards of the hooper dredge volume accom6 plished with government owned dredges in fiscal year

7 1996.

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

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

10 of Engineers to undertake projects when industry does not

11 perform as required by the contract specifications or when

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

13 Secretary determines to be a fair and reasonable estimated

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

15 respond to emergency requirements.

16 SEC. 108. The Corps of Engineers is hereby directed

17 to complete the Charleston Riverfront (Haddad) Park

18 Project, West Virginia, as described in the design memo19 randum approved November, 1992, on a 50–50 cost-share

20 basis with the City. The Corps of Engineers shall pay one21 half of all costs for settling contractor claims on the com22 pleted project and for completing the wharf. The Federal

23 portion of these costs shall be obtained by reprogramming

24 available Operations & Maintenance funds. The project

25 cost limitation in the Project Cooperation Agreement shall
12

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1 be increased to reflect the actual costs of the completed

2 project.

3 TITLE II

4 DEPARTMENT OF THE INTERIOR

5 CENTRAL UTAH PROJECT

6 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

7 For the purpose of carrying out provisions of the

8 Central Utah Project Completion Act, Public Law 102–

9 575 (106 Stat. 4605), and for feasibility studies of alter10 natives to the Uintah and Upalco Units, $42,527,000, to

11 remain available until expended, of which $16,700,000

12 shall be deposited into the Utah Reclamation Mitigation

13 and Conservation Account: Provided, That of the amounts

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

15 the Federal contribution authorized by paragraph

16 402(b)(2) of the Act and $11,700,000 shall be available

17 to the Utah Reclamation Mitigation and Conservation

18 Commission to carry out activities authorized under the

19 Act.

20 In addition, for necessary expenses incurred in carry21 ing out responsibilities of the Secretary of the Interior

22 under the Act, $1,100,000, to remain available until ex23 pended.
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1 BUREAU OF RECLAMATION

2 For carrying out the functions of the Bureau of Rec3 lamation as provided in the Federal reclamation laws (Act

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

5 thereof or supplementary thereto) and other Acts applica6 ble to that Bureau as follows:

7 GENERAL INVESTIGATIONS

8 For engineering and economic investigations of pro9 posed Federal reclamation projects and studies of water

10 conservation and development plans and activities prelimi11 nary to the reconstruction, rehabilitation and betterment,

12 financial adjustment, or extension of existing projects,

13 $18,105,000, to remain available until expended: Pro14 vided, That of the total appropriated, the amount for pro15 gram activities which can be financed by the reclamation

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

17 That funds contributed by non-Federal entities for pur18 poses similar to this appropriation shall be available for

19 expenditure for the purposes for which contributed as

20 though specifically appropriated for said purposes, and

21 such amounts shall remain available until expended.

22 CONSTRUCTION PROGRAM

23 (INCLUDING TRANSFER OF FUNDS)

24 For construction and rehabilitation of projects and

25 parts thereof (including power transmission facilities for

26 Bureau of Reclamation use) and for other related activi-
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1 ties as authorized by law, $410,499,000, to remain avail2 able until expended, of which $23,410,000 shall be avail3 able for transfer to the Upper Colorado River Basin Fund

4 authorized by section 5 of the Act of April 11, 1956 (43

5 U.S.C. 620d), and $71,728,000 shall be available for

6 transfer to the Lower Colorado River Basin Development

7 Fund authorized by section 403 of the Act of September

8 30, 1968 (43 U.S.C. 1543), and such amounts as may

9 be necessary shall be considered as though advanced to

10 the Colorado River Dam Fund for the Boulder Canyon

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

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

13 amount for program activities which can be financed by

14 the reclamation fund shall be derived from that fund: Pro15 vided further, That transfers to the Upper Colorado River

16 Basin Fund and Lower Colorado River Basin Develop17 ment Fund may be increased or decreased by transfers

18 within the overall appropriation under this heading: Pro19 vided further, That funds contributed by non-Federal enti20 ties for purposes similar to this appropriation shall be

21 available for expenditure for the purposes for which con22 tributed as though specifically appropriated for said pur23 poses, and such funds shall remain available until ex24 pended: Provided further, That all costs of the safety of

25 dams modification work at Coolidge Dam, San Carlos Irri-
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1 gation Project, Arizona, performed under the authority of

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

3 506), as amended, are in addition to the amount author4 ized in section 5 of said Act: Provided further, That section

5 301 of Public Law 102–250, Reclamation States Emer6 gency Drought Relief Act of 1991, is amended by inserting

7 ‘‘1996, and 1997’’ in lieu of ‘‘and 1996’’: Provided further,

8 That the amount authorized by section 210 of Public Law

9 100–557 (102 Stat. 2791), is amended to $56,362,000

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

11 funds are authorized to be appropriated through the

12 twelfth fiscal year after conservation funds are first made

13 available.

14 OPERATION AND MAINTENANCE

15 For operation and maintenance of reclamation

16 projects or parts thereof and other facilities, as authorized

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

18 on lands under the jurisdiction of the Bureau of Reclama19 tion, pursuant to law, $280,876,000, to remain available

20 until expended: Provided, That of the total appropriated,

21 the amount for program activities which can be financed

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

23 and the amount for program activities which can be de24 rived from the special fee account established pursuant to

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

26 amended), may be derived from that fund: Provided fur-
16

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1 ther, That funds advanced by water users for operation

2 and maintenance of reclamation projects or parts thereof

3 shall be deposited to the credit of this appropriation and

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

5 manner as sums appropriated herein may be expended,

6 and such advances shall remain available until expended:

7 Provided further, That revenues in the Upper Colorado

8 River Basin Fund shall be available for performing exam9 ination of existing structures on participating projects of

10 the Colorado River Storage Project.

11 BUREAU OF RECLAMATION LOAN PROGRAM ACCOUNT

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

13 $12,290,000, to remain available until expended, as au14 thorized by the Small Reclamation Projects Act of August

15 6, 1956, as amended (43 U.S.C. 422a–422l): Provided,

16 That such costs, including the cost of modifying such

17 loans, shall be as defined in section 502 of the Congres18 sional Budget Act of 1974: Provided further, That these

19 funds are available to subsidize gross obligations for the

20 principal amount of direct loans not to exceed

21 $37,000,000.

22 In addition, for administrative expenses necessary to

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

24 $425,000: Provided, That of the total sums appropriated,

25 the amount of program activities which can be financed

26 by the reclamation fund shall be derived from the fund.
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1 CENTRAL VALLEY PROJECT RESTORATION FUND

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

3 habitat restoration, improvement, and acquisition provi4 sions of the Central Valley Project Improvement Act, such

5 sums as may be collected in the Central Valley Project

6 Restoration Fund pursuant to sections 3407(d),

7 3404(c)(3), 3405(f) and 3406(c)(1) of Public Law 102–

8 575, to remain available until expended: Provided, That

9 the Bureau of Reclamation is directed to levy additional

10 mitigation and restoration payments totaling $30,000,000

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

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

13 102–575.

14 GENERAL ADMINISTRATIVE EXPENSES

15 For necessary expenses of general administration and

16 related functions in the office of the Commissioner, the

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

18 of Reclamation, to remain available until expended,

19 $48,971,000, to be derived from the reclamation fund and

20 to be nonreimbursable pursuant to the Act of April 19,

21 1945 (43 U.S.C. 377): Provided, That no part of any

22 other appropriation in this Act shall be available for activi23 ties or functions budgeted for the current fiscal year as

24 general administrative expenses.
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1 SPECIAL FUNDS

2 (TRANSFER OF FUNDS)

3 Sums herein referred to as being derived from the

4 reclamation fund or special fee account are appropriated

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

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

7 22, 1987 (16 U.S.C. 460l–6a, as amended), respectively.

8 Such sums shall be transferred, upon request of the Sec9 retary, to be merged with and expended under the heads

10 herein specified.

11 ADMINISTRATIVE PROVISION

12 Appropriations for the Bureau of Reclamation shall

13 be available for purchase of not to exceed 6 passenger

14 motor vehicles for replacement only.

15 TITLE III

16 DEPARTMENT OF ENERGY

17 ENERGY PROGRAMS

18 ENERGY SUPPLY, RESEARCH AND DEVELOPMENT

19 ACTIVITIES

20 For expenses of the Department of Energy activities

21 including the purchase, construction and acquisition of

22 plant and capital equipment and other expenses necessary

23 for energy supply, research and development activities in

24 carrying out the purposes of the Department of Energy

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

26 acquisition or condemnation of any real property or any
19

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1 facility or for plant or facility acquisition, construction, or

2 expansion; purchase of passenger motor vehicles (not to

3 exceed 24 for replacement only), $2,749,043,000, to re4 main available until expended.

5 URANIUM SUPPLY AND ENRICHMENT ACTIVITIES

6 For expenses of the Department of Energy in connec7 tion with operating expenses; the purchase, construction,

8 and acquisition of plant and capital equipment and other

9 expenses necessary for uranium supply and enrichment ac10 tivities in carrying out the purposes of the Department

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

12 the Energy Policy Act (Public Law 102–486, section 901),

13 including the acquisition or condemnation of any real

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

15 construction, or expansion; purchase of electricity as nec16 essary; and the purchase of passenger motor vehicles (not

17 to exceed 3 for replacement only); $42,200,000, to remain

18 available until expended: Provided, That revenues received

19 by the Department for uranium programs and estimated

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

21 and used for the specific purpose of offsetting costs in22 curred by the Department for such activities notwith23 standing the provisions of 31 U.S.C. 3302(b) and 42

24 U.S.C. 2296(b)(2): Provided further, That the sum herein

25 appropriated shall be reduced as revenues are received

26 during fiscal year 1997 so as to result in a final fiscal
20

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1 year 1997 appropriation from the General Fund estimated

2 at not more than $0.

3 URANIUM ENRICHMENT DECONTAMINATION AND

4 DECOMMISSIONING FUND

5 For necessary expenses in carrying out uranium en6 richment facility decontamination and decommissioning,

7 remedial actions and other activities of title II of the

8 Atomic Energy Act of 1954 and title X, subtitle A of the

9 Energy Policy Act of 1992, $220,200,000, to be derived

10 from the Fund, to remain available until expended.

11 GENERAL SCIENCE AND RESEARCH ACTIVITIES

12 For expenses of the Department of Energy activities

13 including the purchase, construction and acquisition of

14 plant and capital equipment and other expenses necessary

15 for general science and research activities in carrying out

16 the purposes of the Department of Energy Organization

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

18 or condemnation of any real property or facility or for

19 plant or facility acquisition, construction, or expansion,

20 $1,000,626,000, to remain available until expended.

21 NUCLEAR WASTE DISPOSAL FUND

22 For nuclear waste disposal activities to carry out the

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

24 the acquisition of real property or facility construction or

25 expansion, $200,028,000, to remain available until ex26 pended, to be derived from the Nuclear Waste Fund: Pro-
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1 vided, That no later than June 30, 1998, the Secretary

2 shall provide to the President and to the Congress a viabil3 ity assessment of the Yucca Mountain site. The viability

4 assessment shall include:

5 (1) the preliminary design concept for the criti6 cal elements for the repository and waste package;

7 (2) a total system performance assessment,

8 based upon the design concept and the scientific

9 data and analysis available by June 30, 1998, de10 scribing the probable behavior of the repository in

11 the Yucca Mountain geological setting relative to the

12 overall system performance standards;

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

14 work required to complete a license application; and

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

16 operate the repository in accordance with the design

17 concept.

18 DEPARTMENTAL ADMINISTRATION

19 For salaries and expenses of the Department of En20 ergy necessary for Departmental Administration in carry21 ing out the purposes of the Department of Energy Organi22 zation Act (42 U.S.C. 7101, et seq.), including the hire

23 of passenger motor vehicles and official reception and rep24 resentation expenses (not to exceed $35,000),

25 $218,017,000, to remain available until expended, plus

26 such additional amounts as necessary to cover increases
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1 in the estimated amount of cost of work for others not2 withstanding the provisions of the Anti-Deficiency Act (31

3 U.S.C. 1511, et seq.): Provided, That such increases in

4 cost of work are offset by revenue increases of the same

5 or greater amount, to remain available until expended:

6 Provided further, That moneys received by the Department

7 for miscellaneous revenues estimated to total

8 $125,388,000 in fiscal year 1997 may be retained and

9 used for operating expenses within this account, and may

10 remain available until expended, as authorized by section

11 201 of Public Law 95–238, notwithstanding the provisions

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

13 appropriated shall be reduced by the amount of mis14 cellaneous revenues received during fiscal year 1997 so as

15 to result in a final fiscal year 1997 appropriation from

16 the General Fund estimated at not more than

17 $92,629,000.

18 OFFICE OF THE INSPECTOR GENERAL

19 For necessary expenses of the Office of the Inspector

20 General in carrying out the provisions of the Inspector

21 General Act of 1978, as amended, $23,103,000, to remain

22 available until expended.

23 ATOMIC ENERGY DEFENSE ACTIVITIES

24 WEAPONS ACTIVITIES

25 For Department of Energy expenses, including the

26 purchase, construction and acquisition of plant and capital
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1 equipment and other expenses necessary for atomic energy

2 defense weapons activities in carrying out the purposes of

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

4 7101, et seq.), including the acquisition or condemnation

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

6 acquisition, construction, or expansion; and the purchase

7 of passenger motor vehicles (not to exceed 94 for replace8 ment only), $3,978,602,000, to remain available until ex9 pended.

10 DEFENSE ENVIRONMENTAL RESTORATION AND WASTE

11 MANAGEMENT

12 For Department of Energy expenses, including the

13 purchase, construction and acquisition of plant and capital

14 equipment and other expenses necessary for atomic energy

15 defense environmental restoration and waste management

16 activities in carrying out the purposes of the Department

17 of Energy Organization Act (42 U.S.C. 7101, et seq.), in18 cluding the acquisition or condemnation of any real prop19 erty or any facility or for plant or facility acquisition, con20 struction, or expansion; and the purchase of passenger

21 motor vehicles (not to exceed 20, of which 19 are for re22 placement only), $5,615,210,000, to remain available until

23 expended: Provided, That an additional amount of

24 $182,000,000 is available for privatization initiatives.
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1 OTHER DEFENSE ACTIVITIES

2 For Department of Energy expenses, including the

3 purchase, construction and acquisition of plant and capital

4 equipment and other expenses necessary for atomic energy

5 defense, other defense activities, in carrying out the pur6 poses of the Department of Energy Organization Act (42

7 U.S.C. 7101, et seq.), including the acquisition or con8 demnation of any real property or any facility or for plant

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

10 purchase of passenger motor vehicles (not to exceed 2 for

11 replacement only), $1,606,833,000, to remain available

12 until expended.

13 DEFENSE NUCLEAR WASTE DISPOSAL

14 For nuclear waste disposal activities to carry out the

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

16 the acquisition of real property or facility construction or

17 expansion, $200,000,000, to remain available until ex18 pended.

19 POWER MARKETING ADMINISTRATIONS

20 OPERATION AND MAINTENANCE, ALASKA POWER

21 ADMINISTRATION

22 For necessary expenses of operation and maintenance

23 of projects in Alaska and of marketing electric power and

24 energy, $4,000,000, to remain available until expended.
25

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1 BONNEVILLE POWER ADMINISTRATION FUND

2 Expenditures from the Bonneville Power Administra3 tion Fund, established pursuant to Public Law 93–454,

4 are approved for official reception and representation ex5 penses in an amount not to exceed $3,000.

6 During fiscal year 1997, no new direct loan obliga7 tions may be made.

8 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

9 ADMINISTRATION

10 For necessary expenses of operation and maintenance

11 of power transmission facilities and of marketing electric

12 power and energy pursuant to the provisions of section

13 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as

14 applied to the southeastern power area, $13,859,000, to

15 remain available until expended.

16 OPERATION AND MAINTENANCE, SOUTHWESTERN POWER

17 ADMINISTRATION

18 For necessary expenses of operation and maintenance

19 of power transmission facilities and of marketing electric

20 power and energy, and for construction and acquisition of

21 transmission lines, substations and appurtenant facilities,

22 and for administrative expenses, including official recep23 tion and representation expenses in an amount not to ex24 ceed $1,500 in carrying out the provisions of section 5

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

26 applied to the southwestern power area, $25,210,000, to
26

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1 remain available until expended; in addition, notwith2 standing the provisions of 31 U.S.C. 3302, not to exceed

3 $3,787,000 in reimbursements, to remain available until

4 expended.

5 CONSTRUCTION, REHABILITATION, OPERATION AND

6 MAINTENANCE, WESTERN AREA POWER ADMINISTRATION

7 (INCLUDING TRANSFER OF FUNDS)

8 For carrying out the functions authorized by title III,

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

10 U.S.C. 7101, et seq.), and other related activities includ11 ing conservation and renewable resources programs as au12 thorized, including official reception and representation

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

14 $201,582,000, to remain available until expended, of

15 which $172,378,000 shall be derived from the Department

16 of the Interior Reclamation Fund: Provided, That of the

17 amount herein appropriated, $5,432,000 is for deposit

18 into the Utah Reclamation Mitigation and Conservation

19 Account pursuant to title IV of the Reclamation Projects

20 Authorization and Adjustment Act of 1992: Provided fur21 ther, That the Secretary of the Treasury is authorized to

22 transfer from the Colorado River Dam Fund to the West23 ern Area Power Administration $3,774,000 to carry out

24 the power marketing and transmission activities of the

25 Boulder Canyon project as provided in section 104(a)(4)
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1 of the Hoover Power Plant Act of 1984, to remain avail2 able until expended.

3 FALCON AND AMISTAD OPERATING AND MAINTENANCE

4 FUND

5 For operation, maintenance, and emergency costs for

6 the hydroelectric facilities at the Falcon and Amistad

7 Dams, $970,000, to remain available until expended, and

8 to be derived from the Falcon and Amistad Operating and

9 Maintenance Fund of the Western Area Power Adminis10 tration, as provided in section 423 of the Foreign Rela11 tions Authorization Act, fiscal years 1994 and 1995.

12 FEDERAL ENERGY REGULATORY COMMISSION

13 SALARIES AND EXPENSES

14 For necessary expenses of the Federal Energy Regu15 latory Commission to carry out the provisions of the De16 partment of Energy Organization Act (42 U.S.C. 7101,

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

18 3109, the hire of passenger motor vehicles, and official

19 reception and representation expenses (not to exceed

20 $3,000), $146,290,000, to remain available until ex21 pended: Provided, That notwithstanding any other provi22 sion of law, not to exceed $146,290,000 of revenues from

23 fees and annual charges, and other services and collections

24 in fiscal year 1997 shall be retained and used for nec25 essary expenses in this account, and shall remain available

26 until expended: Provided further, That the sum herein ap-
28

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1 propriated shall be reduced as revenues are received dur2 ing fiscal year 1997 so as to result in a final fiscal year

3 1997 appropriation from the General Fund estimated at

4 not more than $0.

5 TITLE IV

6 INDEPENDENT AGENCIES

7 APPALACHIAN REGIONAL COMMISSION

8 For expenses necessary to carry out the programs au9 thorized by the Appalachian Regional Development Act of

10 1965, as amended, notwithstanding section 405 of said

11 Act, and for necessary expenses for the Federal Co-Chair12 man and the alternate on the Appalachian Regional Com13 mission and for payment of the Federal share of the ad14 ministrative expenses of the Commission, including serv15 ices as authorized by 5 U.S.C. 3109, and hire of passenger

16 motor vehicles, $165,000,000, to remain available until ex17 pended.

18 DEFENSE NUCLEAR FACILITIES SAFETY BOARD

19 SALARIES AND EXPENSES

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

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

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

24 available until expended.
29

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1 DELAWARE RIVER BASIN COMMISSION

2 CONTRIBUTION TO DELAWARE RIVER BASIN COMMISSION

3 For payment of the United States share of the cur4 rent expenses of the Delaware River Basin Commission,

5 as authorized by law (75 Stat. 706, 707), $500,000.

6 INTERSTATE COMMISSION ON THE POTOMAC RIVER

7 BASIN

8 CONTRIBUTION TO INTERSTATE COMMISSION ON THE

9 POTOMAC RIVER BASIN

10 To enable the Secretary of the Treasury to pay in

11 advance to the Interstate Commission on the Potomac

12 River Basin the Federal contribution toward the expenses

13 of the Commission during the current fiscal year in the

14 administration of its business in the conservancy district

15 established pursuant to the Act of July 11, 1940 (54 Stat.

16 748), as amended by the Act of September 25, 1970 (Pub17 lic Law 91–407), $508,000.

18 NUCLEAR REGULATORY COMMISSION

19 SALARIES AND EXPENSES

20 (INCLUDING TRANSFER OF FUNDS)

21 For necessary expenses of the Commission in carry22 ing out the purposes of the Energy Reorganization Act

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

24 as amended, including the employment of aliens; services

25 authorized by 5 U.S.C. 3109; publication and dissemina26 tion of atomic information; purchase, repair, and cleaning
30

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1 of uniforms; official representation expenses (not to exceed

2 $20,000); reimbursements to the General Services Admin3 istration for security guard services; hire of passenger

4 motor vehicles and aircraft, $471,800,000, to remain

5 available until expended: Provided, That of the amount ap6 propriated herein, $11,000,000 shall be derived from the

7 Nuclear Waste Fund, subject to the authorization required

8 in this bill under the heading, ‘‘Nuclear Waste Disposal

9 Fund’’: Provided further, That from this appropriation,

10 transfer of sums may be made to other agencies of the

11 Government for the performance of the work for which

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

13 so transferred may be merged with the appropriation to

14 which transferred: Provided further, That moneys received

15 by the Commission for the cooperative nuclear safety re16 search program, services rendered to foreign governments

17 and international organizations, and the material and in18 formation access authorization programs, including crimi19 nal history checks under section 149 of the Atomic Energy

20 Act may be retained and used for salaries and expenses

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

22 3302, and shall remain available until expended: Provided

23 further, That revenues from licensing fees, inspection serv24 ices, and other services and collections estimated at

25 $457,300,000 in fiscal year 1997 shall be retained and
31

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1 used for necessary salaries and expenses in this account,

2 notwithstanding 31 U.S.C. 3302, and shall remain avail3 able until expended: Provided further, That the funds here4 in appropriated for regulatory reviews and other activities

5 pertaining to waste stored at the Hanford site, Washing6 ton, shall be excluded from license fee revenues, notwith7 standing 42 U.S.C. 2214: Provided further, That the sum

8 herein appropriated shall be reduced by the amount of rev9 enues received during fiscal year 1997 from licensing fees,

10 inspection services and other services and collections, ex11 cluding those moneys received for the cooperative nuclear

12 safety research program, services rendered to foreign gov13 ernments and international organizations, and the mate14 rial and information access authorization programs, so as

15 to result in a final fiscal year 1997 appropriation esti16 mated at not more than $14,500,000.

17 OFFICE OF INSPECTOR GENERAL

18 (INCLUDING TRANSFER OF FUNDS)

19 For necessary expenses of the Office of Inspector

20 General in carrying out the provisions of the Inspector

21 General Act of 1978, as amended, including services au22 thorized by 5 U.S.C. 3109, $5,000,000, to remain avail23 able until expended; and in addition, an amount not to

24 exceed 5 percent of this sum may be transferred from Sal25 aries and Expenses, Nuclear Regulatory Commission: Pro-
32

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1 vided, That notice of such transfers shall be given to the

2 Committees on Appropriations of the House and Senate:

3 Provided further, That from this appropriation, transfers

4 of sums may be made to other agencies of the Government

5 for the performance of the work for which this appropria6 tion is made, and in such cases the sums so transferred

7 may be merged with the appropriation to which trans8 ferred: Provided further, That revenues from licensing

9 fees, inspection services, and other services and collections

10 shall be retained and used for necessary salaries and ex11 penses in this account, notwithstanding 31 U.S.C. 3302,

12 and shall remain available until expended: Provided fur13 ther, That the sum herein appropriated shall be reduced

14 by the amount of revenues received during fiscal year

15 1997 from licensing fees, inspection services, and other

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

17 year 1997 appropriation estimated at not more than $0.

18 NUCLEAR WASTE TECHNICAL REVIEW BOARD

19 SALARIES AND EXPENSES

20 For necessary expenses of the Nuclear Waste Tech21 nical Review Board, as authorized by Public Law 100–

22 203, section 5051, $2,531,000, to be transferred from the

23 Nuclear Waste Fund and to remain available until ex24 pended.
33

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1 SUSQUEHANNA RIVER BASIN COMMISSION

2 CONTRIBUTION TO SUSQUEHANNA RIVER BASIN

3 COMMISSION

4 For payment of the United States share of the cur5 rent expenses of the Susquehanna River Basin Commis6 sion, as authorized by law (84 Stat. 1530, 1531),

7 $300,000.

8 TENNESSEE VALLEY AUTHORITY

9 For the purpose of carrying out the provisions of the

10 Tennessee Valley Authority Act of 1933, as amended (16

11 U.S.C. ch. 12A), including hire, maintenance, and oper12 ation of aircraft, and purchase and hire of passenger

13 motor vehicles, $113,000,000, to remain available until ex14 pended: Provided, That of the funds provided herein, not

15 more than $20,000,000 shall be made available for the

16 Environmental Research Center in Muscle Shoals, Ala17 bama: Provided further, That of the funds provided herein,

18 not more than $8,000,000 shall be made available for op19 eration, maintenance, improvement, and surveillance of

20 Land Between the Lakes: Provided further, That of the

21 amount provided herein, not more than $9,000,000 shall

22 be available for Economic Development activities: Pro23 vided further, That none of the funds provided herein,

24 shall be available for detailed engineering and design or
34

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1 constructing a replacement for Chickamauga Lock and

2 Dam on the Tennessee River System.

3 TITLE V

4 GENERAL PROVISIONS

5 SEC. 501. (a) PURCHASE OF AMERICAN-MADE EQUIP6 MENT AND PRODUCTS.—It is the sense of the Congress

7 that, to the greatest extent practicable, all equipment and

8 products purchased with funds made available in this Act

9 should be American-made.

10 (b) NOTICE REQUIREMENT.—In providing financial as11 sistance to, or entering into any contract with, any entity

12 using funds made available in this Act, the head of each

13 Federal agency, to the greatest extent practicable, shall

14 provide to such entity a notice describing the statement

15 made in subsection (a) by the Congress.

16 SEC. 502. The Secretary of the Interior shall extend

17 the construction repayment and water service contracts

18 for the following projects, entered into by the Secretary

19 of the Interior under subsections (d) and (e) of section

20 9 of the Reclamation Project Act of 1939 (43 U.S.C.

21 485h) and section 9(c) of the Act of December 22, 1944

22 (58 Stat. 891, chapter 665), for a period of 1 additional

23 year after the dates on which each of the contracts, respec24 tively, would expire but for this section:
35

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

2 Missouri River Basin Project, consisting of the

3 project constructed and operated under the Act of

4 December 22, 1944 (58 Stat. 887, chapter 665), as

5 a component of the Pick-Sloan Missouri Basin Pro6 gram, situated in Republic County, Jewell County,

7 and Cloud County, Kansas.

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

9 Missouri River Basin Project, consisting of the

10 project constructed and operated under the Act of

11 December 22, 1944 (58 Stat. 887, chapter 665), as

12 a component of the Pick-Sloan Missouri Basin Pro13 gram, situated in Harlan County, Franklin County,

14 Webster County, and Nuckolls County, Nebraska.

15 (3) The Frenchman-Cambridge District, Mis16 souri River Basin Project, consisting of the project

17 constructed and operated under the Act of December

18 22, 1944 (58 Stat. 887, chapter 665), as a compo19 nent of the Pick-Sloan Missouri Basin Program, sit20 uated in Chase County, Frontier County, Hitchcock

21 County, Furnas County, and Harlan County, Ne22 braska.

23 SEC. 503. Notwithstanding the provisions of 31

24 U.S.C., funds made available by this Act to the Depart25 ment of Energy shall be available only for the purposes
36

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1 for which they have been made available by this Act and

2 only in accordance with the recommendations contained

3 in this report.

4 SEC. 504. Following section 4(g)(3) of the Northwest

5 Power Planning and Conservation Act, insert the following

6 new section:

7 ‘‘(4)(g)(4) INDEPENDENT SCIENTIFIC REVIEW

8 PANEL.—(i) The Northwest Power Planning Council

9 (Council) shall appoint an Independent Scientific Review

10 Panel (Panel), which shall be comprised of five members,

11 to review projects proposed to be funded through that por12 tion of the Bonneville Power Administration’s (BPA) an13 nual fish and wildlife budget that implements the Coun14 cil’s annual fish and wildlife program. Members shall be

15 appointed from a list submitted by the National Academy

16 of Sciences, provided that Pacific Northwest scientists

17 with expertise in Columbia river anadramous and non18 anadramous fish and wildlife and ocean experts shall be

19 represented on the Panel. The Council shall appoint mem20 bers to the Panel that do not have a financial interest in

21 the projects to be reviewed, other than any compensation

22 that may be provided for performing its functions on the

23 Panel. Panel employees may be compensated and shall be

24 considered as special government employees subject to 45

25 CFR 684.10 through 684.22.
37

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1 ‘‘(ii) The Panel shall review projects proposed to be

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

3 make recommendations on matters related to each project

4 to the Council. Project recommendations shall be based

5 on a determination that each project: is based on sound

6 science principles; benefits fish and wildlife; has a clearly

7 defined objective and outcome with provisions for monitor8 ing and evaluation of results; and employs cost effective

9 measures to achieve its objective. The Panel shall review,

10 on an annual basis, prior year expenditures based upon

11 these criteria and submit its findings to the Council for

12 its review.

13 ‘‘(iii) The Council shall fully consider the findings of

14 the Panel when making its final recommendations for

15 projects to be funded through BPA’s annual fish and wild16 life budget, and if the Council does not incorporate a rec17 ommendation of the Panel, the Council shall explain in

18 writing its reasons for not accepting the Panel’s rec19 ommendations. The Council shall also take into consider20 ation the impact of ocean conditions on fish and wildlife

21 populations in making its recommendations to the BPA.

22 The Council, after consideration of the recommendations

23 of the Panel and other entities, shall be responsible for

24 making the final recommendations of projects to be funded

25 through BPA’s annual fish and wildlife budget.’’.
38

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1 This Act may be cited as the ‘‘Energy and Water De2 velopment Appropriations Act, 1997’’.