In the Senate of the United States,

July 30, 1996

Resolved, That the bill from the House of Representatives (H.R. 3816) entitled ‘‘An Act making appropriations for

energy and water development for the fiscal year ending September 30, 1997, and for other purposes’’, do pass with the

following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 That the following sums are appropriated, out of any

2 money in the Treasury not otherwise appropriated, for the

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

4 water development, and for other purposes, namely:

5 TITLE I

6 DEPARTMENT OF DEFENSE—CIVIL

7 DEPARTMENT OF THE ARMY

8 CORPS OF ENGINEERS—CIVIL

9 The following appropriations shall be expended under

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

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

5 GENERAL INVESTIGATIONS

6 For expenses necessary for the collection and study of

7 basic information pertaining to river and harbor, flood con8 trol, shore protection, and related projects, restudy of au9 thorized projects, miscellaneous investigations, and, when

10 authorized by laws, surveys and detailed studies and plans

11 and specifications of projects prior to construction,

12 $154,557,000, to remain available until expended, of which

13 funds are provided for the following projects in the amounts

14 specified:

15 Coastal Studies Navigation Improvements, Alas16 ka, $500,000;

17 Red River Navigation, Southwest, Arkansas,

18 $600,000;

19 Tahoe Basin Study, Nevada and California,

20 $200,000;

21 Walker River Basin Restoration Study, Nevada

22 and California, $300,000;

23 Bolinas Lagoon restoration study, Marin Coun24 ty, California, $500,000;

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 participation

11 or under consideration for participation by States, local

12 governments, or private groups) authorized or made eligible

13 for selection by law (but such studies shall not constitute

14 a commitment of the Government to construction),

15 $1,049,306,000, 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 rehabili19 tation of inland waterways projects, including rehabilita20 tion costs for the Lock and Dam 25, Mississippi River, Illi21 nois and Missouri, Lock and Dam 14, Mississippi River,

22 Iowa, and Lock and Dam 24, Mississippi River, Illinois

23 and Missouri, projects, and of which funds are provided for

24 the following projects in the amounts specified:

25 Larsen Bay Harbor, Alaska, $2,000,000;

26 Ouzinkie Harbor, Alaska, $2,000,000;
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1 Valdez Harbor, Alaska, Intertidal Water Reten2 tion, $1,000,000;

3 Red River Emergency Bank Protection, Arkan4 sas, $6,000,000;

5 Indianapolis Central Waterfront, Indiana,

6 $2,000,000;

7 Harlan (Levisa and Tug Forks of the Big Sandy

8 River and Upper Cumberland River), Kentucky,

9 $10,000,000;

10 Williamsburg (Levisa and Tug Forks of the Big

11 Sandy River and Upper Cumberland River), Ken12 tucky, $4,700,000;

13 Middlesboro (Levisa and Tug Forks of the Big

14 Sandy River and Upper Cumberland River), Ken15 tucky, $4,000,000;

16 Pike County (Levisa and Tug Forks of the Big

17 Sandy River and Upper Cumberland River), Ken18 tucky, $3,000,000;

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

20 Lake Pontchartrain and Vicinity, Louisiana,

21 $18,525,000;

22 Lake Pontchartrain (Jefferson Parish)

23 Stormwater Discharge, Louisiana, $3,500,000;

24 Red River Emergency Bank Protection, Louisi25 ana, $4,400,000;
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1 Mill Creek, Ohio, $500,000;

2 Seelconk River, Rhode Island Bridge removal,

3 $650,000;

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

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

6 Richmond Filtration Plant, Virginia,

7 $3,500,000;

8 Virginia Beach, Virginia, Hurricane Protection,

9 $8,000,000;

10 Hatfield Bottom (Levisa and Tug Forks of the

11 Big Sandy River and Upper Cumberland River),

12 West Virginia, $1,600,000;

13 Lower Mingo (Kermit) (Levisa and Tug Forks of

14 the Big Sandy River and Upper Cumberland River),

15 $4,200,000;

16 Lower Mingo, West Virginia, Tributaries Sup17 plement, $105,000; and

18 Upper Mingo County (Levisa and Tug Forks of

19 the Big Sandy River and Upper Cumberland River),

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

21 funds provided for the Red River Waterway, Mis22 sissippi River to Shreveport, Louisiana, project,

23 $3,000,000 is provided, to remain available until ex24 pended, for design and construction of a regional visi25 tor center in the vicinity of Shreveport, Louisiana at
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1 full Federal expense: Provided further, That the Sec2 retary of the Army, acting through the Chief of Engi3 neers, is authorized and directed to initiate construc4 tion on the following projects in the amounts speci5 fied:

6 Kake Harbor, Alaska, $4,000,000;

7 Helena and Vicinity, Arkansas, $150,000;

8 San Lorenzo, California, $200,000;

9 Panama City Beaches, Florida, $400,000;

10 Chicago Shoreline, Illinois, $1,300,000;

11 Pond Creek, Jefferson City, Kentucky,

12 $3,000,000;

13 Boston Harbor, Massachusetts, $500,000;

14 Poplar Island, Maryland, $5,000,000;

15 Natchez Bluff, Mississippi, $5,000,000;

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

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

18 Saw Mill River, Pittsburgh, Pennsylvania,

19 $500,000;

20 Upper Jordan River, Utah, $1,100,000;

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

22 Allendale Dam, Rhode Island, $195,000: Pro23 vided further, That no fully allocated funding policy

24 shall apply to construction of the projects listed above,

25 and the Secretary of the Army is directed to under-
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1 take these projects using continuing contracts where

2 sufficient funds to complete the projects are not avail3 able from funds provided herein or in prior years.

4 FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES,

5 ARKANSAS, ILLINOIS, KENTUCKY, LOUISIANA, MIS6 SISSIPPI, MISSOURI, AND TENNESSEE

7 For expenses necessary for prosecuting work of flood

8 control, and rescue work, repair, restoration, or mainte9 nance of flood control projects threatened or destroyed by

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

11 $312,513,000, to remain available until expended: Pro12 vided, That the President of the Mississippi River Commis13 sion is directed henceforth to use the variable cost recovery

14 rate set forth in OMB Circular A–126 for use of the Com15 mission aircraft authorized by the Flood Control Act of

16 1946, Public Law 526.

17 OPERATION AND MAINTENANCE, GENERAL

18 For expenses necessary for the preservation, operation,

19 maintenance, and care of existing river and harbor, flood

20 control, and related works, including such sums as may be

21 necessary for the maintenance of harbor channels provided

22 by a State, municipality or other public agency, outside

23 of harbor lines, and serving essential needs of general com24 merce and navigation; surveys and charting of northern

25 and northwestern lakes and connecting waters; clearing and

26 straightening channels; and removal of obstructions to navi-
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1 gation, $1,688,358,000, to remain available until expended,

2 of which such sums as become available in the Harbor

3 Maintenance Trust Fund, pursuant to Public Law 99–662,

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

5 as become available from the special account established by

6 the Land and Water Conservation Act of 1965, as amended

7 (16 U.S.C. 460l), may be derived from that fund for con8 struction, operation, and maintenance of outdoor recreation

9 facilities and of which $500,000 shall be made available for

10 the maintenance of Compton Creek Channel, Los Angeles

11 County drainage area, California: Provided, That the Sec12 retary of the Army is directed to design and implement at

13 full Federal expense an early flood warning system for the

14 Greenbrier and Cheat River Basins, West Virginia within

15 eighteen months from the date of enactment of this Act: Pro16 vided further, That the Secretary of the Army is directed

17 during fiscal year 1997 to maintain a minimum conserva18 tion pool level of 475.5 at Wister Lake in Oklahoma: Pro19 vided further, That no funds, whether appropriated, con20 tributed, or otherwise provided, shall be available to the

21 United States Army Corps of Engineers for the purpose of

22 acquiring land in Jasper County, South Carolina, in con23 nection with the Savannah Harbor navigation project: Pro24 vided further, That the Secretary of the Army is directed

25 to use $600,000 of funding provided herein to perform
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1 maintenance dredging of the Cocheco River navigation

2 project, New Hampshire: Provided further, That $750,000

3 is for the Buford-Trenton Irrigation District, section 33,

4 erosion control project in North Dakota.

5 REGULATORY PROGRAM

6 For expenses necessary for administration of laws per7 taining to regulation of navigable waters and wetlands,

8 $101,000,000, to remain available until expended.

9 FLOOD CONTROL AND COASTAL EMERGENCIES

10 For expenses necessary for emergency flood control,

11 hurricane, and shore protection activities, as authorized by

12 section 5 of the Flood Control Act approved August 18,

13 1941, as amended, $10,000,000, to remain available until

14 expended.

15 GENERAL EXPENSES

16 For expenses necessary for general administration and

17 related functions in the Office of the Chief of Engineers and

18 offices of the Division Engineers; activities of the Coastal

19 Engineering Research Board, the Humphreys Engineer

20 Center Support Activity, the Engineering Strategic Studies

21 Center, and the Water Resources Support Center, and for

22 costs of implementing the Secretary of the Army’s plan to

23 reduce the number of division offices as directed in title I,

24 Public Law 104–46, $153,000,000, to remain available

25 until expended: Provided, That no part of any other appro26 priation provided in title I of this Act shall be available
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1 to fund the activities of the Office of the Chief of Engineers

2 or the executive direction and management activities of the

3 Division Offices: Provided further, That the Secretary of the

4 Army may not obligate any funds available to the Depart5 ment of the Army for the closure of the Pacific Ocean Divi6 sion Office of the Army Corps of Engineers.

7 ADMINISTRATIVE PROVISIONS

8 Appropriations in this title shall be available for offi9 cial reception and representation expenses (not to exceed

10 $5,000); and during the current fiscal year the revolving

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

12 (not to exceed 100 for replacement only) and hire of pas13 senger motor vehicles.

14 GENERAL PROVISIONS

15 SEC. 101. The flood control project for Arkansas City,

16 Kansas authorized by section 401(a) of the Water Resources

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

18 4116) is modified to authorize the Secretary of the Army

19 to construct the project at a total cost of $38,500,000, with

20 an estimated first Federal cost of $19,250,000 and an esti21 mated first non-Federal cost of $19,250,000.

22 SEC. 102. Funds previously provided under the Fiscal

23 Year 1993 Energy and Water Development Act, Public Law

24 102–377, for the Elk Creek Dam, Oregon project, are hereby

25 made available to plan and implement long term manage26 ment measures at Elk Creek Dam to maintain the project
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1 in an uncompleted state and to take necessary steps to pro2 vide passive fish passage through the project.

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

4 Virginia, authorized by section 101(a)(25) of the Water Re5 sources Development Act of 1990 (Public Law 101–640, 104

6 Stat. 4610) is modified to authorize the Secretary of the

7 Army to construct the project at a total cost of $26,200,000,

8 with an estimated first Federal cost of $20,300,000 and an

9 estimated first non-Federal cost of $5,900,000.

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

11 Lock and Dam, Monongahela River, Pennsylvania (Lock

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

13 the Water Resources Development Act of 1986 (Public Law

14 99–662, 100 Stat. 4110) is modified to authorize the Sec15 retary of the Army to construct the project at a total cost

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

17 $181,000,000.

18 SEC. 105. From the date of enactment of this Act, flood

19 control measures implemented under Section 202(a) of Pub20 lic Law 96–367 shall prevent future losses that would occur

21 from a flood equal in magnitude to the April 1977 level

22 by providing protection from the April 1977 level or the

23 100-year frequency event, whichever is greater.

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

25 the Secretary of the Army, acting through the Chief of Engi-
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1 neers, is authorized to reprogram, obligate and expend such

2 additional sums as are necessary to continue construction

3 and cover anticipated contract earnings of any water re4 sources project that received an appropriation or allowance

5 for construction in or through an appropriations Act or res6 olution of the then-current fiscal year or the two fiscal years

7 immediately prior to that fiscal year, in order to prevent

8 the termination of a contract or the delay of scheduled work.

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

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

11 cubic yards of the hooper dredge volume accomplished with

12 government owned dredges in fiscal year 1996.

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

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

15 of Engineers to undertake projects when industry does not

16 perform as required by the contract specifications or when

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

18 Secretary determines to be a fair and reasonable estimated

19 cost of a well equipped contractor doing the work or to re20 spond to emergency requirements.

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

22 to complete the Charleston Riverfront (Haddad) Park

23 Project, West Virginia, as described in the design memoran24 dum approved November, 1992, on a 50–50 cost-share basis

25 with the City. The Corps of Engineers shall pay one-half
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1 of all costs for settling contractor claims on the completed

2 project and for completing the wharf. The Federal portion

3 of these costs shall be obtained by reprogramming available

4 Operations & Maintenance funds. The project cost limita5 tion in the Project Cooperation Agreement shall be in6 creased to reflect the actual costs of the completed project.

7 TITLE II

8 DEPARTMENT OF THE INTERIOR

9 CENTRAL UTAH PROJECT

10 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

11 For the purpose of carrying out provisions of the

12 Central Utah Project Completion Act, Public Law 102–575

13 (106 Stat. 4605), and for feasibility studies of alternatives

14 to the Uintah and Upalco Units, $42,527,000, to remain

15 available until expended, of which $16,700,000 shall be de16 posited into the Utah Reclamation Mitigation and Con17 servation Account: Provided, That of the amounts deposited

18 into the Account, $5,000,000 shall be considered the Federal

19 contribution authorized by paragraph 402(b)(2) of the Act

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

21 Mitigation and Conservation Commission to carry out ac22 tivities authorized under the Act.

23 In addition, for necessary expenses incurred in carry24 ing out responsibilities of the Secretary of the Interior
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1 under the Act, $1,100,000, to remain available until ex2 pended.

3 BUREAU OF RECLAMATION

4 For carrying out the functions of the Bureau of Rec5 lamation as provided in the Federal reclamation laws (Act

6 of June 17, 1902, 32 Stat. 388, and Acts amendatory there7 of or supplementary thereto) and other Acts applicable to

8 that Bureau as follows:

9 GENERAL INVESTIGATIONS

10 For engineering and economic investigations of pro11 posed Federal reclamation projects and studies of water

12 conservation and development plans and activities prelimi13 nary to the reconstruction, rehabilitation and betterment,

14 financial adjustment, or extension of existing projects,

15 $18,105,000, to remain available until expended: Provided,

16 That of the total appropriated, the amount for program ac17 tivities which can be financed by the reclamation fund shall

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

19 contributed by non-Federal entities for purposes similar to

20 this appropriation shall be available for expenditure for the

21 purposes for which contributed as though specifically appro22 priated for said purposes, and such amounts shall remain

23 available until expended: Provided further, That within

24 available funds, $150,000 is for completion of the feasibility

25 study of alternatives for meeting the drinking water needs
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1 of Cheyenne River Sioux Reservation and surrounding com2 munities.

3 CONSTRUCTION PROGRAM

4 (INCLUDING TRANSFER OF FUNDS)

5 For construction and rehabilitation of projects and

6 parts thereof (including power transmission facilities for

7 Bureau of Reclamation use) and for other related activities

8 as authorized by law, $398,596,700, to remain available

9 until expended, of which $23,410,000 shall be available for

10 transfer to the Upper Colorado River Basin Fund author11 ized by section 5 of the Act of April 11, 1956 (43 U.S.C.

12 620d), and $58,325,700 shall be available for transfer to

13 the Lower Colorado River Basin Development Fund author14 ized by section 403 of the Act of September 30, 1968 (43

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

16 be considered as though advanced to the Colorado River

17 Dam Fund for the Boulder Canyon Project as authorized

18 by the Act of December 21, 1928, as amended, and that

19 $12,500,000 shall be available for the Mid-Dakota Rural

20 Water System: Provided, That of the total appropriated, the

21 amount for program activities which can be financed by

22 the reclamation fund shall be derived from that fund: Pro23 vided further, That transfers to the Upper Colorado River

24 Basin Fund and Lower Colorado River Basin Development

25 Fund may be increased or decreased by transfers within

26 the overall appropriation under this heading: Provided fur-
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1 ther, That funds contributed by non-Federal entities for

2 purposes similar to this appropriation shall be available

3 for expenditure for the purposes for which contributed as

4 though specifically appropriated for said purposes, and

5 such funds shall remain available until expended: Provided

6 further, That all costs of the safety of dams modification

7 work at Coolidge Dam, San Carlos Irrigation Project, Ari8 zona, performed under the authority of the Reclamation

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

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

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

12 102–250, Reclamation States Emergency Drought Relief

13 Act of 1991, is amended by inserting ‘‘1996, and 1997’’ in

14 lieu of ‘‘and 1996’’: Provided further, That the amount au15 thorized by section 210 of Public Law 100–557 (102 Stat.

16 2791), is amended to $56,362,000 (October 1996 prices plus

17 or minus cost indexing), and funds are authorized to be

18 appropriated through the twelfth fiscal year after conserva19 tion funds are first made available: Provided further, That

20 $1,500,000 shall be available for construction of McCall

21 Wastewater Treatment, Idaho facility, and $1,000,000 shall

22 be available for Devils Lake Desalination, North Dakota

23 Project.

24 OPERATION AND MAINTENANCE

25 For operation and maintenance of reclamation

26 projects or parts thereof and other facilities, as authorized
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1 by law; and for a soil and moisture conservation program

2 on lands under the jurisdiction of the Bureau of Reclama3 tion, pursuant to law, $280,876,000, to remain available

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

5 the amount for program activities which can be financed

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

7 and the amount for program activities which can be derived

8 from the special fee account established pursuant to the Act

9 of December 22, 1987 (16 U.S.C. 460l–6a, as amended),

10 may be derived from that fund: Provided further, That

11 funds advanced by water users for operation and mainte12 nance of reclamation projects or parts thereof shall be depos13 ited to the credit of this appropriation and may be ex14 pended for the same purpose and in the same manner as

15 sums appropriated herein may be expended, and such ad16 vances shall remain available until expended: Provided fur17 ther, That revenues in the Upper Colorado River Basin

18 Fund shall be available for performing examination of ex19 isting structures on participating projects of the Colorado

20 River Storage Project.

21 BUREAU OF RECLAMATION LOAN PROGRAM ACCOUNT

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

23 to remain available until expended, as authorized by the

24 Small Reclamation Projects Act of August 6, 1956, as

25 amended (43 U.S.C. 422a–422l): Provided, That such costs,

26 including the cost of modifying such loans, shall be as de-
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1 fined in section 502 of the Congressional Budget Act of

2 1974: Provided further, That these funds are available to

3 subsidize gross obligations for the principal amount of di4 rect loans not to exceed $37,000,000.

5 In addition, for administrative expenses necessary to

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

7 $425,000: Provided, That of the total sums appropriated,

8 the amount of program activities which can be financed by

9 the reclamation fund shall be derived from the fund.

10 CENTRAL VALLEY PROJECT RESTORATION FUND

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

12 habitat restoration, improvement, and acquisition provi13 sions of the Central Valley Project Improvement Act, such

14 sums as may be collected in the Central Valley Project Res15 toration Fund pursuant to sections 3407(d), 3404(c)(3),

16 3405(f) and 3406(c)(1) of Public Law 102–575, to remain

17 available until expended: Provided, That the Bureau of Rec18 lamation is directed to levy additional mitigation and res19 toration payments totaling $30,000,000 (October 1992 price

20 levels) on a three-year rolling average basis, as authorized

21 by section 3407(d) of Public Law 102–575.

22 GENERAL ADMINISTRATIVE EXPENSES

23 For necessary expenses of general administration and

24 related functions in the office of the Commissioner, the Den25 ver office, and offices in the five regions of the Bureau of

26 Reclamation, to remain available until expended,
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1 $48,307,000, to be derived from the reclamation fund and

2 to be nonreimbursable pursuant to the Act of April 19, 1945

3 (43 U.S.C. 377): Provided, That no part of any other ap4 propriation in this Act shall be available for activities or

5 functions budgeted for the current fiscal year as general ad6 ministrative expenses.

7 SPECIAL FUNDS

8 (TRANSFER OF FUNDS)

9 Sums herein referred to as being derived from the rec10 lamation fund or special fee account are appropriated from

11 the special funds in the Treasury created by the Act of June

12 17, 1902 (43 U.S.C. 391) or the Act of December 22, 1987

13 (16 U.S.C. 460l–6a, as amended), respectively. Such sums

14 shall be transferred, upon request of the Secretary, to be

15 merged with and expended under the heads herein specified.

16 ADMINISTRATIVE PROVISION

17 Appropriations for the Bureau of Reclamation shall

18 be available for purchase of not to exceed 6 passenger motor

19 vehicles for replacement only.

20 TITLE III

21 DEPARTMENT OF ENERGY

22 ENERGY PROGRAMS

23 ENERGY SUPPLY, RESEARCH AND DEVELOPMENT

24 ACTIVITIES

25 For expenses of the Department of Energy activities

26 including the purchase, construction and acquisition of
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1 plant and capital equipment and other expenses necessary

2 for energy supply, research and development activities in

3 carrying out the purposes of the Department of Energy Or4 ganization Act (42 U.S.C. 7101, et seq.), including the ac5 quisition or condemnation of any real property or any fa6 cility or for plant or facility acquisition, construction, or

7 expansion; purchase of passenger motor vehicles (not to ex8 ceed 24 for replacement only), $2,764,043,000, to remain

9 available until expended: Provided, That $5,000,000 shall

10 be available for research into reducing the costs of convert11 ing saline water to fresh water.

12 URANIUM SUPPLY AND ENRICHMENT ACTIVITIES

13 For expenses of the Department of Energy in connec14 tion with operating expenses; the purchase, construction,

15 and acquisition of plant and capital equipment and other

16 expenses necessary for uranium supply and enrichment ac17 tivities in carrying out the purposes of the Department of

18 Energy Organization Act (42 U.S.C. 7101, et seq.) and the

19 Energy Policy Act (Public Law 102–486, section 901), in20 cluding the acquisition or condemnation of any real prop21 erty or any facility or for plant or facility acquisition, con22 struction, or expansion; purchase of electricity as necessary;

23 and the purchase of passenger motor vehicles (not to exceed

24 3 for replacement only); $42,200,000, to remain available

25 until expended: Provided, That revenues received by the De26 partment for uranium programs and estimated to total
21

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1 $42,200,000 in fiscal year 1997 shall be retained and used

2 for the specific purpose of offsetting costs incurred by the

3 Department for such activities notwithstanding the provi4 sions of 31 U.S.C. 3302(b) and 42 U.S.C. 2296(b)(2): Pro5 vided further, That the sum herein appropriated shall be

6 reduced as revenues are received during fiscal year 1997

7 so as to result in a final fiscal year 1997 appropriation

8 from the General Fund estimated at not more than $0.

9 Section 161k. of the Atomic Energy Act of 1954 (42

10 U.S.C. 2201k) with respect to the Paducah Gaseous Diffu11 sion Plant, Kentucky, and the Portsmouth Gaseous Diffu12 sion Plant, Ohio, the guidelines shall require, at a mini13 mum, the presence of an adequate number of security

14 guards carrying side arms at all times to ensure mainte15 nance of security at the gaseous diffusion plants.

16 Section 311(b) of the USEC Privatization Act (Public

17 Law 104–134, title III, chapter 1, subchapter A) insert the

18 following:

19 ‘‘(3) The Corporation shall pay to the Thrift

20 Savings Fund such employee and agency contribu21 tions as are required or authorized by sections 8432

22 and 8351 of title 5, United States Code, for employees

23 who elect to retain their coverage under CSRS or

24 FERS pursuant to paragraph (1).’’.
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1 URANIUM ENRICHMENT DECONTAMINATION AND

2 DECOMMISSIONING FUND

3 For necessary expenses in carrying out uranium en4 richment facility decontamination and decommissioning,

5 remedial actions and other activities of title II of the Atom6 ic Energy Act of 1954 and title X, subtitle A of the Energy

7 Policy Act of 1992, $205,200,000, to be derived from the

8 Fund, to remain available until expended.

9 GENERAL SCIENCE AND RESEARCH ACTIVITIES

10 For expenses of the Department of Energy activities

11 including the purchase, construction and acquisition of

12 plant and capital equipment and other expenses necessary

13 for general science and research activities in carrying out

14 the purposes of the Department of Energy Organization Act

15 (42 U.S.C. 7101, et seq.), including the acquisition or con16 demnation of any real property or facility or for plant or

17 facility acquisition, construction, or expansion,

18 $1,000,626,000, to remain available until expended.

19 NUCLEAR WASTE DISPOSAL FUND

20 For nuclear waste disposal activities to carry out the

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

22 acquisition of real property or facility construction or ex23 pansion, $200,028,000, to remain available until expended,

24 to be derived from the Nuclear Waste Fund: Provided, That

25 no later than June 30, 1998, the Secretary shall provide

26 to the President and to the Congress a viability assessment
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1 of the Yucca Mountain site. The viability assessment shall

2 include:

3 (1) the preliminary design concept for the criti4 cal elements for the repository and waste package;

5 (2) a total system performance assessment, based

6 upon the design concept and the scientific data and

7 analysis available by June 30, 1998, describing the

8 probable behavior of the repository in the Yucca

9 Mountain geological setting relative to the overall sys10 tem performance standards;

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

12 work required to complete a license application; and

13 (4) an estimate of the costs to construct and op14 erate the repository in accordance with the design

15 concept.

16 DEPARTMENTAL ADMINISTRATION

17 For salaries and expenses of the Department of Energy

18 necessary for Departmental Administration in carrying out

19 the purposes of the Department of Energy Organization Act

20 (42 U.S.C. 7101, et seq.), including the hire of passenger

21 motor vehicles and official reception and representation ex22 penses (not to exceed $35,000), $218,017,000, to remain

23 available until expended, plus such additional amounts as

24 necessary to cover increases in the estimated amount of cost

25 of work for others notwithstanding the provisions of the

26 Anti-Deficiency Act (31 U.S.C. 1511, et seq.): Provided,
24

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1 That such increases in cost of work are offset by revenue

2 increases of the same or greater amount, to remain avail3 able until expended: Provided further, That moneys received

4 by the Department for miscellaneous revenues estimated to

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

6 used for operating expenses within this account, and may

7 remain available until expended, as authorized by section

8 201 of Public Law 95–238, notwithstanding the provisions

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

10 appropriated shall be reduced by the amount of miscellane11 ous revenues received during fiscal year 1997 so as to result

12 in a final fiscal year 1997 appropriation from the General

13 Fund estimated at not more than $92,629,000: Provided

14 further, That funds made available by this Act for Depart15 mental Administration may be used by the Secretary of En16 ergy to offer employees voluntary separation incentives to

17 meet staffing and budgetary reductions and restructuring

18 needs through September 30, 1997 consistent with plans ap19 proved by the Office of Management and Budget. The

20 amount of each incentive shall be equal to the smaller of

21 the employee’s severance pay, or $20,000. Voluntary separa22 tion recipients who accept employement with the Federal

23 Government, or enter into a personal services contract with

24 the Federal Government within five years after separation

25 shall repay the entire amount to the Department of Energy:
25

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1 Provided further, That in addition to any other payments

2 which it is required to make under subchapter III of chapter

3 83 or chapter 84 of title 5, United States Code, the Depart4 ment of Energy shall remit to the Office of Personnel Man5 agement for deposit in the Treasury of the United States

6 to the credit of the Civil Service Retirement and Disability

7 Fund an amount equal to 15 percent of the final basic pay

8 of each employee who is covered under subchapter III of

9 chapter 83 or chapter 84 of title 5 to whom a voluntary

10 separation incentive has been paid under this paragraph.

11 OFFICE OF THE INSPECTOR GENERAL

12 For necessary expenses of the Office of the Inspector

13 General in carrying out the provisions of the Inspector Gen14 eral Act of 1978, as amended, $23,103,000, to remain avail15 able until expended.

16 ATOMIC ENERGY DEFENSE ACTIVITIES

17 WEAPONS ACTIVITIES

18 For Department of Energy expenses, including the

19 purchase, construction and acquisition of plant and capital

20 equipment and other expenses necessary for atomic energy

21 defense weapons activities in carrying out the purposes of

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

23 7101, et seq.), including the acquisition or condemnation

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

25 acquisition, construction, or expansion; and the purchase
26

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1 of passenger motor vehicles (not to exceed 94 for replacement

2 only), $3,988,602,000, to remain available until expended.

3 DEFENSE ENVIRONMENTAL RESTORATION AND WASTE

4 MANAGEMENT

5 For Department of Energy expenses, including the

6 purchase, construction and acquisition of plant and capital

7 equipment and other expenses necessary for atomic energy

8 defense environmental restoration and waste management

9 activities in carrying out the purposes of the Department

10 of Energy Organization Act (42 U.S.C. 7101, et seq.), in11 cluding the acquisition or condemnation of any real prop12 erty or any facility or for plant or facility acquisition, con13 struction, or expansion; and the purchase of passenger

14 motor vehicles (not to exceed 20, of which 19 are for replace15 ment only), $5,605,210,000, to remain available until ex16 pended: Provided, That an additional amount of

17 $182,000,000 is available for privatization initiatives: Pro18 vided further, That within available funds, up to

19 $2,000,000 is provided for demonstration of stir-melter tech20 nology developed by the Department and previously in21 tended to be used at the Savannah River Site. In carrying

22 out this demonstration, the Department is directed to seek

23 alternative use of this technology in order to maximize the

24 investment already made in this technology.

25 Of amounts appropriated for the Defense Environ26 mental Restoration and Waste Management Technology De-
27

HR 3816 EAS

1 velopment Program, $5,000,000 shall be available for the

2 electrometallurgical treatment of spent nuclear fuel at Ar3 gonne National Laboratory.

4 OTHER DEFENSE ACTIVITIES

5 For Department of Energy expenses, including the

6 purchase, construction and acquisition of plant and capital

7 equipment and other expenses necessary for atomic energy

8 defense, other defense activities, in carrying out the pur9 poses of the Department of Energy Organization Act (42

10 U.S.C. 7101, et seq.), including the acquisition or con11 demnation of any real property or any facility or for plant

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

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

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

15 until expended.

16 DEFENSE NUCLEAR WASTE DISPOSAL

17 For nuclear waste disposal activities to carry out the

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

19 acquisition of real property or facility construction or ex20 pansion, $200,000,000, to remain available until expended.

21 POWER MARKETING ADMINISTRATIONS

22 OPERATION AND MAINTENANCE, ALASKA POWER

23 ADMINISTRATION

24 For necessary expenses of operation and maintenance

25 of projects in Alaska and of marketing electric power and

26 energy, $4,000,000, to remain available until expended.
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HR 3816 EAS

1 BONNEVILLE POWER ADMINISTRATION FUND

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

4 approved for official reception and representation expenses

5 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 5

13 of the Flood Control Act of 1944 (16 U.S.C. 825s), as ap14 plied to the southeastern power area, $13,859,000, to re15 main 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 of

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

26 to the southwestern power area, $25,210,000, to remain
29

HR 3816 EAS

1 available until expended; in addition, notwithstanding the

2 provisions of 31 U.S.C. 3302, not to exceed $3,787,000 in

3 reimbursements, to remain available until expended.

4 CONSTRUCTION, REHABILITATION, OPERATION AND

5 MAINTENANCE, WESTERN AREA POWER ADMINISTRATION

6 (INCLUDING TRANSFER OF FUNDS)

7 For carrying out the functions authorized by title III,

8 section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C.

9 7101, et seq.), and other related activities including con10 servation and renewable resources programs as authorized,

11 including official reception and representation expenses in

12 an amount not to exceed $1,500, $201,582,000, to remain

13 available until expended, of which $172,378,000 shall be de14 rived from the Department of the Interior Reclamation

15 Fund: Provided, That of the amount herein appropriated,

16 $5,432,000 is for deposit into the Utah Reclamation Mitiga17 tion and Conservation Account pursuant to title IV of the

18 Reclamation Projects Authorization and Adjustment Act of

19 1992: Provided further, That the Secretary of the Treasury

20 is authorized to transfer from the Colorado River Dam

21 Fund to the Western Area Power Administration

22 $3,774,000 to carry out the power marketing and trans23 mission activities of the Boulder Canyon project as pro24 vided in section 104(a)(4) of the Hoover Power Plant Act

25 of 1984, to remain available until expended.
30

HR 3816 EAS

1 FALCON AND AMISTAD OPERATING AND MAINTENANCE

2 FUND

3 For operation, maintenance, and emergency costs for

4 the hydroelectric facilities at the Falcon and Amistad

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

6 to be derived from the Falcon and Amistad Operating and

7 Maintenance Fund of the Western Area Power Administra8 tion, as provided in section 423 of the Foreign Relations

9 Authorization Act, fiscal years 1994 and 1995.

10 FEDERAL ENERGY REGULATORY COMMISSION

11 SALARIES AND EXPENSES

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

15 seq.), including services as authorized by 5 U.S.C. 3109,

16 the hire of passenger motor vehicles, and official reception

17 and representation expenses (not to exceed $3,000),

18 $146,290,000, to remain available until expended: Pro19 vided, That notwithstanding any other provision of law, not

20 to exceed $146,290,000 of revenues from fees and annual

21 charges, and other services and collections in fiscal year

22 1997 shall be retained and used for necessary expenses in

23 this account, and shall remain available until expended:

24 Provided further, That the sum herein appropriated shall

25 be reduced as revenues are received during fiscal year 1997
31

HR 3816 EAS

1 so as to result in a final fiscal year 1997 appropriation

2 from the General Fund estimated at not more than $0.

3 TITLE IV

4 INDEPENDENT AGENCIES

5 APPALACHIAN REGIONAL COMMISSION

6 For expenses necessary to carry out the programs au7 thorized by the Appalachian Regional Development Act of

8 1965, as amended, notwithstanding section 405 of said Act,

9 and for necessary expenses for the Federal Co-Chairman

10 and the alternate on the Appalachian Regional Commission

11 and for payment of the Federal share of the administrative

12 expenses of the Commission, including services as author13 ized by 5 U.S.C. 3109, and hire of passenger motor vehicles,

14 $165,000,000, to remain available until expended.

15 DEFENSE NUCLEAR FACILITIES SAFETY BOARD

16 SALARIES AND EXPENSES

17 For necessary expenses of the Defense Nuclear Facili18 ties Safety Board in carrying out activities authorized by

19 the Atomic Energy Act of 1954, as amended by Public Law

20 100–456, section 1441, $17,000,000, to remain available

21 until expended.
32

HR 3816 EAS

1 DELAWARE RIVER BASIN COMMISSION

2 CONTRIBUTION TO DELAWARE RIVER BASIN COMMISSION

3 For payment of the United States share of the current

4 expenses of the Delaware River Basin Commission, as au5 thorized by law (75 Stat. 706, 707), $500,000.

6 SALARIES AND EXPENSES

7 For expenses necessary to carry out the functions of

8 the United States member of the Delaware River Basin

9 Commission, as authorized by law (75 Stat. 716), $342,000.

10 INTERSTATE COMMISSION ON THE POTOMAC RIVER BASIN

11 CONTRIBUTION TO INTERSTATE COMMISSION ON THE

12 POTOMAC RIVER BASIN

13 To enable the Secretary of the Treasury to pay in ad14 vance to the Interstate Commission on the Potomac River

15 Basin the Federal contribution toward the expenses of the

16 Commission during the current fiscal year in the adminis17 tration of its business in the conservancy district established

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

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

20 91–407), $508,000.

21 NUCLEAR REGULATORY COMMISSION

22 SALARIES AND EXPENSES

23 (INCLUDING TRANSFER OF FUNDS)

24 For necessary expenses of the Commission in carrying

25 out the purposes of the Energy Reorganization Act of 1974,

26 as amended, and the Atomic Energy Act of 1954, as amend-
33

HR 3816 EAS

1 ed, including the employment of aliens; services authorized

2 by 5 U.S.C. 3109; publication and dissemination of atomic

3 information; purchase, repair, and cleaning of uniforms; of4 ficial representation expenses (not to exceed $20,000); reim5 bursements to the General Services Administration for secu6 rity guard services; hire of passenger motor vehicles and

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

8 Provided, That of the amount appropriated herein,

9 $11,000,000 shall be derived from the Nuclear Waste Fund,

10 subject to the authorization required in this bill under the

11 heading, ‘‘Nuclear Waste Disposal Fund’’: Provided further,

12 That from this appropriation, transfer of sums may be

13 made to other agencies of the Government for the perform14 ance of the work for which this appropriation is made, and

15 in such cases the sums so transferred may be merged with

16 the appropriation to which transferred: Provided further,

17 That moneys received by the Commission for the cooperative

18 nuclear safety research program, services rendered to for19 eign governments and international organizations, and the

20 material and information access authorization programs,

21 including criminal history checks under section 149 of the

22 Atomic Energy Act may be retained and used for salaries

23 and expenses associated with those activities, notwithstand24 ing 31 U.S.C. 3302, and shall remain available until ex25 pended: Provided further, That revenues from licensing fees,
34

HR 3816 EAS

1 inspection services, and other services and collections esti2 mated at $457,300,000 in fiscal year 1997 shall be retained

3 and used for necessary salaries and expenses in this ac4 count, notwithstanding 31 U.S.C. 3302, and shall remain

5 available until expended: Provided further, That the funds

6 herein appropriated for regulatory reviews and other activi7 ties pertaining to waste stored at the Hanford site, Wash8 ington, shall be excluded from license fee revenues, notwith9 standing 42 U.S.C. 2214: Provided further, That the sum

10 herein appropriated shall be reduced by the amount of reve11 nues received during fiscal year 1997 from licensing fees,

12 inspection services and other services and collections, ex13 cluding those moneys received for the cooperative nuclear

14 safety research program, services rendered to foreign govern15 ments and international organizations, and the material

16 and information access authorization programs, so as to re17 sult in a final fiscal year 1997 appropriation estimated at

18 not more than $14,500,000.

19 OFFICE OF INSPECTOR GENERAL

20 (INCLUDING TRANSFER OF FUNDS)

21 For necessary expenses of the Office of Inspector Gen22 eral in carrying out the provisions of the Inspector General

23 Act of 1978, as amended, including services authorized by

24 5 U.S.C. 3109, $5,000,000, to remain available until ex25 pended; and in addition, an amount not to exceed 5 percent
35

HR 3816 EAS

1 of this sum may be transferred from Salaries and Expenses,

2 Nuclear Regulatory Commission: Provided, That notice of

3 such transfers shall be given to the Committees on Appro4 priations of the House and Senate: Provided further, That

5 from this appropriation, transfers of sums may be made

6 to other agencies of the Government for the performance of

7 the work for which this appropriation is made, and in such

8 cases the sums so transferred may be merged with the ap9 propriation to which transferred: Provided further, That

10 revenues from licensing fees, inspection services, and other

11 services and collections shall be retained and used for nec12 essary salaries and expenses in this account, notwithstand13 ing 31 U.S.C. 3302, and shall remain available until ex14 pended: Provided further, That the sum herein appro15 priated shall be reduced by the amount of revenues received

16 during fiscal year 1997 from licensing fees, inspection serv17 ices, and other services and collections, so as to result in

18 a final fiscal year 1997 appropriation estimated at not

19 more than $0.

20 NUCLEAR WASTE TECHNICAL REVIEW BOARD

21 SALARIES AND EXPENSES

22 For necessary expenses of the Nuclear Waste Technical

23 Review Board, as authorized by Public Law 100–203, sec24 tion 5051, $2,531,000, to be transferred from the Nuclear

25 Waste Fund and to remain available until expended.
36

HR 3816 EAS

1 SUSQUEHANNA RIVER BASIN COMMISSION

2 CONTRIBUTION TO SUSQUEHANNA RIVER BASIN

3 COMMISSION

4 For payment of the United States share of the current

5 expenses of the Susquehanna River Basin Commission, as

6 authorized by law (84 Stat. 1530, 1531), $300,000.

7 SALARIES AND EXPENSES

8 For expenses necessary to carry out the functions of

9 the United States member of the Susquehanna River Basin

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

11 $322,000.

12 TENNESSEE VALLEY AUTHORITY

13 For the purpose of carrying out the provisions of the

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

15 U.S.C. ch. 12A), including hire, maintenance, and oper16 ation of aircraft, and purchase and hire of passenger motor

17 vehicles, $113,000,000, to remain available until expended:

18 Provided, That of the funds provided herein, not more than

19 $20,000,000 shall be made available for the Environmental

20 Research Center in Muscle Shoals, Alabama: Provided fur21 ther, That of the funds provided herein, not more than

22 $8,000,000 shall be made available for operation, mainte23 nance, improvement, and surveillance of Land Between the

24 Lakes: Provided further, That of the amount provided here25 in, not more than $9,000,000 shall be available for Eco26 nomic Development activities: Provided further, That none
37

HR 3816 EAS

1 of the funds provided herein, shall be available for detailed

2 engineering and design or constructing a replacement for

3 Chickamauga Lock and Dam on the Tennessee River Sys4 tem.

5 TITLE V

6 GENERAL PROVISIONS

7 SEC. 501. (a) PURCHASE OF AMERICAN-MADE EQUIP8 MENT AND PRODUCTS.—It is the sense of the Congress that,

9 to the greatest extent practicable, all equipment and prod10 ucts purchased with funds made available in this Act should

11 be American-made.

12 (b) NOTICE REQUIREMENT.—In providing financial as13 sistance to, or entering into any contract with, any entity

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

15 Federal agency, to the greatest extent practicable, shall pro16 vide to such entity a notice describing the statement made

17 in subsection (a) by the Congress.

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

19 the construction repayment and water service contracts for

20 the following projects, entered into by the Secretary of the

21 Interior under subsections (d) and (e) of section 9 of the

22 Reclamation Project Act of 1939 (43 U.S.C. 485h) and sec23 tion 9(c) of the Act of December 22, 1944 (58 Stat. 891,

24 chapter 665), for a period of 1 additional year after the
38

HR 3816 EAS

1 dates on which each of the contracts, respectively, would ex2 pire but for this section:

3 (1) The Bostwick District (Kansas portion), Mis4 souri River Basin Project, consisting of the project

5 constructed and operated under the Act of December

6 22, 1944 (58 Stat. 887, chapter 665), as a component

7 of the Pick-Sloan Missouri Basin Program, situated

8 in Republic County, Jewell County, and Cloud Coun9 ty, Kansas.

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

11 Missouri River Basin Project, consisting of the project

12 constructed and operated under the Act of December

13 22, 1944 (58 Stat. 887, chapter 665), as a component

14 of the Pick-Sloan Missouri Basin Program, situated

15 in Harlan County, Franklin County, Webster County,

16 and Nuckolls County, Nebraska.

17 (3) The Frenchman-Cambridge District, Mis18 souri River Basin Project, consisting of the project

19 constructed and operated under the Act of December

20 22, 1944 (58 Stat. 887, chapter 665), as a component

21 of the Pick-Sloan Missouri Basin Program, situated

22 in Chase County, Frontier County, Hitchcock County,

23 Furnas County, and Harlan County, Nebraska.

24 SEC. 503. Notwithstanding the provisions of 31 U.S.C.,

25 funds made available by this Act to the Department of En-
39

HR 3816 EAS

1 ergy shall be available only for the purposes for which they

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

3 Energy shall report monthly to the Committees on Appro4 priations of the House and Senate on the Department of

5 Energy’s adherence to the recommendations included in the

6 accompanying report.

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

8 Power Planning and Conservation Act, insert the following

9 new section:

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

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

12 (Council) shall appoint an Independent Scientific Review

13 Panel (Panel), which shall be comprised of eleven members,

14 to review projects proposed to be funded through that por15 tion of the Bonneville Power Administration’s (BPA) an16 nual fish and wildlife budget that implements the Council’s

17 annual fish and wildlife program. Members shall be ap18 pointed from a list submitted by the National Academy of

19 Sciences: Provided, That Pacific Northwest scientists with

20 expertise in Columbia River anadromous and non-anad21 romous fish and wildlife and ocean experts shall be among

22 those represented on the Panel.

23 ‘‘(ii) SCIENTIFIC PEER REVIEW GROUPS.—The Council

24 shall establish Scientific Peer Review Groups (Peer Review

25 Groups), which shall be comprised of the appropriate num-
40

HR 3816 EAS

1 ber of scientists, from a list submitted by the National Acad2 emy of Sciences to assist the Panel in making its rec3 ommendations to the Council for projects to be funded

4 through BPA’s annual fish and wildlife budget: Provided,

5 That Pacific Northwest scientists with expertise in Colum6 bia River anadromous and non-anadromous fish and wild7 life and ocean experts shall be among those represented on

8 the Peer Review Groups.

9 ‘‘(iii) CONFLICT OF INTEREST AND COMPENSATION.—

10 Panel and Peer Review Group members may be com11 pensated and shall be considered as special government em12 ployees subject to 45 CFR 684.10 through 684.22.

13 ‘‘(iv) PROJECT CRITERIA AND REVIEW.—The Peer Re14 view Groups, in conjunction with the Panel, shall review

15 projects proposed to be funded through BPA’s annual fish

16 and wildlife budget and make recommendations on matters

17 related to such projects, to the Council. Project recommenda18 tions shall be based on a determination that projects are

19 based on sound science principles; benefit fish and wildlife;

20 and have a clearly defined objective and outcome with pro21 visions for monitoring and evaluation of results. The Panel,

22 with assistance from the Peer Review Groups, shall review,

23 on an annual basis, the results of prior year expenditures

24 based upon these criteria and submit its findings to the

25 Council for its review.
41

HR 3816 EAS

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

2 of projects to be funded through BPA’s annual fish and

3 wildlife budget, the Peer Review Groups shall submit their

4 findings to the Panel. The Panel shall analyze the informa5 tion submitted by the Peer Review Groups and submit rec6 ommendations on project priorities to the Council. The

7 Council shall make the Panel’s findings available to the

8 public and subject to public comment.

9 ‘‘(vi) RESPONSIBILITIES OF THE COUNCIL.—The

10 Council shall fully consider the recommendations of the

11 Panel when making its final recommendations of projects

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

13 and if the Council does not incorporate a recommendation

14 of the Panel, the Council shall explain in writing its rea15 sons for not accepting Panel recommendations. In making

16 its recommendations to BPA, the Council shall: consider the

17 impact of ocean conditions on fish and wildlife populations;

18 and shall determine whether the projects employ cost effec19 tive measures to achieve project objectives. The Council,

20 after consideration of the recommendations of the Panel and

21 other appropriate entities shall be responsible for making

22 the final recommendations of projects to be funded through

23 BPA’s annual fish and wildlife budget.

24 ‘‘(vii) COST LIMITATION.—The cost of this provision

25 shall not exceed $2,000,000 in 1997 dollars.
42

HR 3816 EAS

1 ‘‘(viii) EXPIRATION.—This paragraph shall expire on

2 September 30, 2000.’’.

3 SEC. 505. OPPORTUNITY FOR REVIEW AND COMMENT BY

4 STATE OF OREGON ON CERTAIN REMEDIAL

5 ACTIONS AT HANFORD RESERVATION, WASH6 INGTON.

7 (a) OPPORTUNITY.—(1) Subject to subsection (b), the

8 Site Manager at the Hanford Reservation, Washington,

9 shall, in consultation with the signatories to the Tri-Party

10 Agreement, provide the State of Oregon an opportunity to

11 review and comment upon any information the Site Man12 ager provides the State of Washington under the Hanford

13 Tri-Party Agreement if the agreement provides for the re14 view and comment upon such information by the State of

15 Washington.

16 (2) In order to facilitate the review and comment of

17 the State of Oregon under paragraph (1), the Site Manager

18 shall provide information referred to in that paragraph to

19 the State of Oregon at the same time, or as soon thereafter

20 as is practicable, that the Site Manager provides such infor21 mation to the State of Washington.

22 (b) CONSTRUCTION.—This section may not be con23 strued—

24 (1) to require the Site Manager to provide the

25 State of Oregon sensitive information on enforcement
43

HR 3816 EAS

1 under the Tri-Party Agreement or information on the

2 negotiation, dispute resolution, or State cost recovery

3 provisions of the agreement;

4 (2) to require the Site Manager to provide con5 fidential information on the budget or procurement at

6 Hanford under terms other than those provided in the

7 Tri-Party Agreement for the transmission of such

8 confidential information to the State of Washington;

9 (3) to authorize the State of Oregon to partici10 pate in enforcement actions, dispute resolution, or ne11 gotiation actions, conducted under the provisions of

12 the Tri-Party Agreement;

13 (4) to authorize any delay in the implementation

14 of remedial, environmental management, or other pro15 grammatic activities at Hanford; or

16 (5) to obligate the Department of Energy to pro17 vide additional funds to the State of Oregon.’’.

18 SEC. 506. SENSE OF THE SENATE, HANFORD MEMORANDUM

19 OF UNDERSTANDING.

20 It is the Sense of the Senate that—

21 (1) the State of Oregon has the authority to enter

22 into a memorandum of understanding with the State

23 of Washington, or a memorandum of understanding

24 with the State of Washington and the Site Manager

25 of the Hanford Reservation, Washington, in order to
44

HR 3816 EAS

1 address issues of mutual concern to such States re2 garding the Hanford Reservation; and

3 (2) such agreements are not expected to create

4 any additional obligation of the Department of En5 ergy to provide funds to the State of Oregon.

6 SEC. 507. CORPUS CHRISTI EMERGENCY DROUGHT RELIEF.

7 For the purpose of providing emergency drought relief,

8 the Secretary of the Interior shall defer all principal and

9 interest payments without penalty or accrued interest for

10 a period of one year for the city of Corpus Christi, Texas,

11 and the Nueces River Authority under contract No. 6–07–

12 01–X0675 involving the Nueces River Reclamation Project,

13 Texas.

14 SEC. 508. CANADIAN RIVER MUNICIPAL WATER AUTHORITY

15 EMERGENCY DROUGHT RELIEF.

16 The Secretary shall defer all principal and interest

17 payments without penalty or accrued interest for a period

18 of one year for the Canadian River Municipal Water Au19 thority under contract No. 14–06–500–485 as emergency

20 drought relief to enable construction of additional water

21 supply and conveyance facilities.

22 SEC. 509. INTERSTATE TRANSPORTATION OF MUNICIPAL

23 SOLID WASTE.

24 (a) INTERSTATE WASTE.—
45

HR 3816 EAS

1 (1) INTERSTATE TRANSPORTATION OF MUNICIPAL

2 SOLID WASTE.—

3 (A) AMENDMENT.—Subtitle D of the Solid

4 Waste Disposal Act (42 U.S.C. 6941 et seq.) is

5 amended by adding at the end the following new

6 section:

7 ‘‘SEC. 4011. INTERSTATE TRANSPORTATION OF MUNICIPAL

8 SOLID WASTE.

9 ‘‘(a) AUTHORITY TO RESTRICT OUT-OF-STATE MUNIC10 IPAL SOLID WASTE.—(1) Except as provided in paragraph

11 (4), immediately upon the date of enactment of this section

12 if requested in writing by an affected local government, a

13 Governor may prohibit the disposal of out-of-State munici14 pal solid waste in any landfill or incinerator that is not

15 covered by the exceptions provided in subsection (b) and

16 that is subject to the jurisdiction of the Governor and the

17 affected local government.

18 ‘‘(2) Except as provided in paragraph (4), imme19 diately upon the date of publication of the list required in

20 paragraph (6)(C) and notwithstanding the absence of a re21 quest in writing by the affected local government, a Gov22 ernor, in accordance with paragraph (5), may limit the

23 quantity of out-of-State municipal solid waste received for

24 disposal at each landfill or incinerator covered by the excep25 tions provided in subsection (b) that is subject to the juris-
46

HR 3816 EAS

1 diction of the Governor, to an annual amount equal to or

2 greater than the quantity of out-of-State municipal solid

3 waste received for disposal at such landfill or incinerator

4 during calendar year 1993.

5 ‘‘(3)(A) Except as provided in paragraph (4), any

6 State that imported more than 750,000 tons of out-of-State

7 municipal solid waste in 1993 may establish a limit under

8 this paragraph on the amount of out-of-State municipal

9 solid waste received for disposal at landfills and inciner10 ators in the importing State as follows:

11 ‘‘(i) In calendar year 1996, 95 percent of the

12 amount exported to the State in calendar year 1993.

13 ‘‘(ii) In calendar years 1997 through 2002, 95

14 percent of the amount exported to the State in the

15 previous year.

16 ‘‘(iii) In calendar year 2003, and each succeed17 ing year, the limit shall be 65 percent of the amount

18 exported in 1993.

19 ‘‘(iv) No exporting State shall be required under

20 this subparagraph to reduce its exports to any im21 porting State below the proportionate amount estab22 lished herein.

23 ‘‘(B)(i) No State may export to landfills or inciner24 ators in any 1 State that are not covered by host commu25 nity agreements or permits authorizing receipt of out-of-
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1 State municipal solid waste more than the following

2 amounts of municipal solid waste:

3 ‘‘(I) In calendar year 1996, the greater of

4 1,400,000 tons or 90 percent of the amount exported

5 to the State in calendar year 1993.

6 ‘‘(II) In calendar year 1997, the greater of

7 1,300,000 tons or 90 percent of the amount exported

8 to the State in calendar year 1996.

9 ‘‘(III) In calendar year 1998, the greater of

10 1,200,000 tons or 90 percent of the amount exported

11 to the State in calendar year 1997.

12 ‘‘(IV) In calendar year 1999, the greater of

13 1,100,000 tons or 90 percent of the amount exported

14 to the State in calendar year 1998.

15 ‘‘(V) In calendar year 2000, 1,000,000 tons.

16 ‘‘(VI) In calendar year 2001, 750,000 tons.

17 ‘‘(VII) In calendar year 2002 or any calendar

18 year thereafter, 550,000 tons.

19 ‘‘(ii) The Governor of an importing State may take

20 action to restrict levels of imports to reflect the appropriate

21 level of out-of-State municipal solid waste imports if—

22 ‘‘(I) the Governor of the importing State has no23 tified the Governor of the exporting State and the Ad24 ministrator, 12 months prior to taking any such ac-
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HR 3816 EAS

1 tion, of the importing State’s intention to impose the

2 requirements of this section;

3 ‘‘(II) the Governor of the importing State has

4 notified the Governor of the exporting State and the

5 Administrator of the violation by the exporting State

6 of this section at least 90 days prior to taking any

7 such action; and

8 ‘‘(III) the restrictions imposed by the Governor

9 of the importing State are uniform at all facilities

10 and the Governor of the importing State may only

11 apply subparagraph (A) or (B) but not both.

12 ‘‘(C) The authority provided by subparagraphs (A)

13 and (B) shall apply for as long as a State exceeds the per14 missible levels as determined by the Administrator under

15 paragraph (6)(C).

16 ‘‘(4)(A) A Governor may not exercise the authority

17 granted under this section if such action would result in

18 the violation of, or would otherwise be inconsistent with,

19 the terms of a host community agreement or a permit issued

20 from the State to receive out-of-State municipal solid waste.

21 ‘‘(B) Except as provided in paragraph (3), a Governor

22 may not exercise the authority granted under this section

23 in a manner that would require any owner or operator of

24 a landfill or incinerator covered by the exceptions provided

25 in subsection (b) to reduce the amount of out-of-State mu-
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HR 3816 EAS

1 nicipal solid waste received from any State for disposal at

2 such landfill or incinerator to an annual quantity less than

3 the amount received from such State for disposal at such

4 landfill or incinerator during calendar year 1993.

5 ‘‘(5) Any limitation imposed by a Governor under

6 paragraph (2) or (3)—

7 ‘‘(A) shall be applicable throughout the State;

8 ‘‘(B) shall not directly or indirectly discriminate

9 against any particular landfill or incinerator within

10 the State; and

11 ‘‘(C) shall not directly or indirectly discriminate

12 against any shipments of out-of-State municipal solid

13 waste on the basis of place of origin and all such lim14 itations shall be applied to all States in violation of

15 paragraph (3).

16 ‘‘(6) ANNUAL STATE REPORT.—

17 ‘‘(A) IN GENERAL.—Within 90 days after enact18 ment of this section and on April 1 of each year

19 thereafter the owner or operator of each landfill or in20 cinerator receiving out-of-State municipal solid waste

21 shall submit to the affected local government and to

22 the Governor of the State in which the landfill or in23 cinerator is located, information specifying the

24 amount and State of origin of out-of-State municipal

25 solid waste received for disposal during the preceding
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1 calendar year, and the amount of waste that was re2 ceived pursuant to host community agreements or

3 permits authorizing receipt of out-of-State municipal

4 solid waste. Within 120 days after enactment of this

5 section and on May 1 of each year thereafter each

6 State shall publish and make available to the Admin7 istrator, the Governor of the State of origin and the

8 public, a report containing information on the

9 amount of out-of-State municipal solid waste received

10 for disposal in the State during the preceding cal11 endar year.

12 ‘‘(B) CONTENTS.—Each submission referred to

13 in this section shall be such as would result in crimi14 nal penalties in case of false or misleading informa15 tion. Such information shall include the amount of

16 waste received, the State of origin, the identity of the

17 generator, the date of the shipment, and the type of

18 out-of-State municipal solid waste. States making

19 submissions referred to in this section to the Adminis20 trator shall notice these submissions for public review

21 and comment at the State level before submitting

22 them to the Administrator.

23 ‘‘(C) LIST.—The Administrator shall publish a

24 list of importing States and the out-of-State munici25 pal solid waste received from each State at landfills
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1 or incinerators not covered by host community agree2 ments or permits authorizing receipt of out-of-State

3 municipal solid waste. The list for any calendar year

4 shall be published by June 1 of the following calendar

5 year.

6 For purposes of developing the list required in this section,

7 the Administrator shall be responsible for collating and

8 publishing only that information provided to the Adminis9 trator by States pursuant to this section. The Administrator

10 shall not be required to gather additional data over and

11 above that provided by the States pursuant to this section,

12 nor to verify data provided by the States pursuant to this

13 section, nor to arbitrate or otherwise entertain or resolve

14 disputes between States or other parties concerning inter15 state movements of municipal solid waste. Any actions by

16 the Administrator under this section shall be final and not

17 subject to judicial review.

18 ‘‘(D) SAVINGS PROVISION.—Nothing in this sub19 section shall be construed to preempt any State re20 quirement that requires more frequent reporting of in21 formation.

22 ‘‘(7) Any affected local government that intends to sub23 mit a request under paragraph (1) or take formal action

24 to enter into a host community agreement after the date
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HR 3816 EAS

1 of enactment of this subsection shall, prior to taking such

2 action—

3 ‘‘(A) notify the Governor, contiguous local gov4 ernments, and any contiguous Indian tribes;

5 ‘‘(B) publish notice of the action in a newspaper

6 of general circulation at least 30 days before taking

7 such action;

8 ‘‘(C) provide an opportunity for public comment;

9 and

10 ‘‘(D) following notice and comment, take formal

11 action on any proposed request or action at a public

12 meeting.

13 ‘‘(8) Any owner or operator seeking a host community

14 agreement after the date of enactment of this subsection

15 shall provide to the affected local government the following

16 information, which shall be made available to the public

17 from the affected local government:

18 ‘‘(A) A brief description of the planned facility,

19 including a description of the facility size, ultimate

20 waste capacity, and anticipated monthly and yearly

21 waste quantities to be handled.

22 ‘‘(B) A map of the facility site that indicates the

23 location of the facility in relation to the local road

24 system and topographical and hydrological features
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1 and any buffer zones and facility units to be acquired

2 by the owner or operator of the facility.

3 ‘‘(C) A description of the existing environmental

4 conditions at the site, and any violations of applica5 ble laws or regulations.

6 ‘‘(D) A description of environmental controls to

7 be utilized at the facility.

8 ‘‘(E) A description of the site access controls to

9 be employed, and roadway improvements to be made,

10 by the owner or operator, and an estimate

11 of the timing and extent of increased local truck

12 traffic.

13 ‘‘(F) A list of all required Federal, State, and

14 local permits.

15 ‘‘(G) Any information that is required by State

16 or Federal law to be provided with respect to any vio17 lations of environmental laws (including regulations)

18 by the owner and operator, the disposition of enforce19 ment proceedings taken with respect to the violations,

20 and corrective measures taken as a result of the

21 proceedings.

22 ‘‘(H) Any information that is required by State

23 or Federal law to be provided with respect to compli24 ance by the owner or operator with the State solid

25 waste management plan.
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1 ‘‘(b) EXCEPTIONS TO AUTHORITY TO PROHIBIT OUT2 OF-STATE MUNICIPAL SOLID WASTE.—(1) The authority to

3 prohibit the disposal of out-of-State municipal solid waste

4 provided under subsection (a)(1) shall not apply to landfills

5 and incinerators in operation on the date of enactment of

6 this section that—

7 ‘‘(A) received during calendar year 1993 docu8 mented shipments of out-of-State municipal solid

9 waste; and

10 ‘‘(B)(i) in the case of landfills, are in compliance

11 with all applicable Federal and State laws and regu12 lations relating to operation, design and location

13 standards, leachate collection, ground water monitor14 ing, and financial assurance for closure and post-clo15 sure and corrective action; or

16 ‘‘(ii) in the case of incinerators, are in compli17 ance with the applicable requirements of section 129

18 of the Clean Air Act (42 U.S.C. 7429) and applicable

19 State laws and regulations relating to facility design

20 and operations.

21 ‘‘(2) A Governor may not prohibit the disposal of out22 of-State municipal solid waste pursuant to subsection

23 (a)(1) at facilities described in this subsection that are not

24 in compliance with applicable Federal and State laws and
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1 regulations unless disposal of municipal solid waste gen2 erated within the State at such facilities is also prohibited.

3 ‘‘(c) ADDITIONAL AUTHORITY TO LIMIT OUT-OF4 STATE MUNICIPAL SOLID WASTE.—(1) In any case in

5 which an affected local government is considering entering

6 into, or has entered into, a host community agreement and

7 the disposal or incineration of out-of-State municipal solid

8 waste under such agreement would preclude the use of mu9 nicipal solid waste management capacity described in

10 paragraph (2), the Governor of the State in which the af11 fected local government is located may prohibit the execu12 tion of such host community agreement with respect to that

13 capacity.

14 ‘‘(2) The municipal solid waste management capacity

15 referred to in paragraph (1) is that capacity—

16 ‘‘(A) that is permitted under Federal or State

17 law;

18 ‘‘(B) that is identified under the State plan; and

19 ‘‘(C) for which a legally binding commitment be20 tween the owner or operator and another party has

21 been made for its use for disposal or incineration of

22 municipal solid waste generated within the region

23 (identified under section 4006(a)) in which the local

24 government is located.

25 ‘‘(d) COST RECOVERY SURCHARGE.—
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1 ‘‘(1) AUTHORITY.—A State described in para2 graph (2) may adopt a law and impose and collect

3 a cost recovery charge on the processing or disposal

4 of out-of-State municipal solid waste in the State in

5 accordance with this subsection.

6 ‘‘(2) APPLICABILITY.—The authority to impose a

7 cost recovery surcharge under this subsection applies

8 to any State that on or before April 3, 1994, imposed

9 and collected a special fee on the processing or dis10 posal of out-of-State municipal solid waste pursuant

11 to a State law.

12 ‘‘(3) LIMITATION.—No such State may impose or

13 collect a cost recovery surcharge from a facility on

14 any out-of-State municipal solid waste that is being

15 received at the facility under 1 or more contracts en16 tered into after April 3, 1994, and before the date of

17 enactment of this section.

18 ‘‘(4) AMOUNT OF SURCHARGE.—The amount of

19 the cost recovery surcharge may be no greater than

20 the amount necessary to recover those costs deter21 mined in conformance with paragraph (6) and in no

22 event may exceed $1.00 per ton of waste.

23 ‘‘(5) USE OF SURCHARGE COLLECTED.—All cost

24 recovery surcharges collected by a State covered by

25 this subsection shall be used to fund those solid waste
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1 management programs administered by the State or

2 its political subdivision that incur costs for which the

3 surcharge is collected.

4 ‘‘(6) CONDITIONS.—(A) Subject to subparagraphs

5 (B) and (C), a State covered by this subsection may

6 impose and collect a cost recovery surcharge on the

7 processing or disposal within the State of out-of-State

8 municipal solid waste if—

9 ‘‘(i) the State demonstrates a cost to the

10 State arising from the processing or disposal

11 within the State of a volume of municipal solid

12 waste from a source outside the State;

13 ‘‘(ii) the surcharge is based on those costs to

14 the State demonstrated under clause (i) that, if

15 not paid for through the surcharge, would other16 wise have to be paid or subsidized by the State;

17 and

18 ‘‘(iii) the surcharge is compensatory and is

19 not discriminatory.

20 ‘‘(B) In no event shall a cost recovery surcharge

21 be imposed by a State to the extent that the cost for

22 which recovery is sought is otherwise paid, recovered,

23 or offset by any other fee or tax paid to the State or

24 its political subdivision or to the extent that the

25 amount of the surcharge is offset by voluntarily
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1 agreed payments to a State or its political subdivi2 sion in connection with the generation, transpor3 tation, treatment, processing, or disposal of solid

4 waste.

5 ‘‘(C) The grant of a subsidy by a State with re6 spect to entities disposing of waste generated within

7 the State does not constitute discrimination for pur8 poses of subparagraph (A)(iii).

9 ‘‘(7) DEFINITIONS.—As used in this subsection:

10 ‘‘(A) The term ‘costs’ means the costs in11 curred by the State for the implementation of its

12 laws governing the processing or disposal of mu13 nicipal solid waste, limited to the issuance of

14 new permits and renewal of or modification of

15 permits, inspection and compliance monitoring,

16 enforcement, and costs associated with technical

17 assistance, data management, and collection of

18 fees.

19 ‘‘(B) The term ‘processing’ means any ac20 tivity to reduce the volume of solid waste or alter

21 its chemical, biological or physical state, through

22 processes such as thermal treatment, bailing,

23 composting, crushing, shredding, separation, or

24 compaction.
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1 ‘‘(e) SAVINGS CLAUSE.—Nothing in this section shall

2 be interpreted or construed—

3 ‘‘(1) to have any effect on State law relating to

4 contracts; or

5 ‘‘(2) to affect the authority of any State or local

6 government to protect public health and the environ7 ment through laws, regulations, and permits, includ8 ing the authority to limit the total amount of munici9 pal solid waste that landfill or incinerator owners or

10 operators within the jurisdiction of a State may ac11 cept during a prescribed period: Provided That such

12 limitations do not discriminate between in-State and

13 out-of-State municipal solid waste, except to the ex14 tent authorized by this section.

15 ‘‘(f) DEFINITIONS.—As used in this section:

16 ‘‘(1)(A) The term ‘affected local government’,

17 used with respect to a landfill or incinerator,

18 means—

19 ‘‘(i) the public body created by State law

20 with responsibility to plan for municipal solid

21 waste management, a majority of the members of

22 which are elected officials, for the area in which

23 the facility is located or proposed to be located;

24 or
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1 ‘‘(ii) the elected officials of the city, town,

2 township, borough, county, or parish exercising

3 primary responsibility over municipal solid

4 waste management or the use of land in the ju5 risdiction in which the facility is located or is

6 proposed to be located.

7 ‘‘(B)(i) Within 90 days after the date of enact8 ment of this section, a Governor may designate and

9 publish notice of which entity listed in clause (i) or

10 (ii) of subparagraph (A) shall serve as the affected

11 local government for actions taken under this section

12 and after publication of such notice.

13 ‘‘(ii) If a Governor fails to make and publish no14 tice of such a designation, the affected local govern15 ment shall be the elected officials of the city, town,

16 township, borough, county, parish, or other public

17 body created pursuant to State law with primary ju18 risdiction over the land or the use of land on which

19 the facility is located or is proposed to be located.

20 ‘‘(C) For purposes of host community agreements

21 entered into before the date of publication of the no22 tice, the term means either a public body described in

23 subparagraph (A)(i) or the elected officials of any of

24 the public bodies described in subparagraph (A)(ii).
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1 ‘‘(2) HOST COMMUNITY AGREEMENT.—The term

2 ‘host community agreement’ means a written, legally

3 binding document or documents executed by duly au4 thorized officials of the affected local government that

5 specifically authorizes a landfill or incinerator to re6 ceive municipal solid waste generated out of State,

7 but does not include any agreement to pay host com8 munity fees for receipt of waste unless additional ex9 press authorization to receive out-of-State waste is

10 also included.

11 ‘‘(3) The term ‘out-of-State municipal solid

12 waste’ means, with respect to any State, municipal

13 solid waste generated outside of the State. Unless the

14 President determines it is inconsistent with the North

15 American Free Trade Agreement and the General

16 Agreement on Tariffs and Trade, the term shall in17 clude municipal solid waste generated outside of the

18 United States. Notwithstanding any other provision

19 of law, generators of municipal solid waste outside the

20 United States shall possess no greater right of access

21 to disposal facilities in a State than United States

22 generators of municipal solid waste outside of that

23 State.

24 ‘‘(4) The term ‘municipal solid waste’ means

25 refuse (and refuse-derived fuel) generated by the gen-
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1 eral public or from a residential, commercial, institu2 tional, or industrial source (or any combination

3 thereof), consisting of paper, wood, yard wastes, plas4 tics, leather, rubber, or other combustible or non5 combustible materials such as metal or glass (or any

6 combination thereof). The term ‘municipal solid

7 waste’ does not include—

8 ‘‘(A) any solid waste identified or listed as

9 a hazardous waste under section 3001;

10 ‘‘(B) any solid waste, including contami11 nated soil and debris, resulting from a response

12 action taken under section 104 or 106 of the

13 Comprehensive Environmental Response, Com14 pensation, and Liability Act of 1980 (42 U.S.C.

15 9604 or 9606) or a corrective action taken under

16 this Act;

17 ‘‘(C) any metal, pipe, glass, plastic, paper,

18 textile, or other material that has been separated

19 or diverted from municipal solid waste (as other20 wise defined in this paragraph) and has been

21 transported into a State for the purpose of recy22 cling or reclamation;

23 ‘‘(D) any solid waste that is—

24 ‘‘(i) generated by an industrial facil25 ity; and
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1 ‘‘(ii) transported for the purpose of

2 treatment, storage, or disposal to a facility

3 that is owned or operated by the generator

4 of the waste, or is located on property

5 owned by the generator of the waste, or is

6 located on property owned by a company in

7 which the generator of the waste has an

8 ownership interest;

9 ‘‘(E) any solid waste generated incident to

10 the provision of service in interstate, intrastate,

11 foreign, or overseas air transportation;

12 ‘‘(F) any industrial waste that is not iden13 tical to municipal solid waste (as otherwise de14 fined in this paragraph) with respect to the

15 physical and chemical state of the industrial

16 waste, and composition, including construction

17 and demolition debris;

18 ‘‘(G) any medical waste that is segregated

19 from or not mixed with municipal solid waste

20 (as otherwise defined in this paragraph); or

21 ‘‘(H) any material or product returned

22 from a dispenser or distributor to the manufac23 turer for credit, evaluation, or possible reuse.

24 ‘‘(5) The term ‘compliance’ means a pattern or

25 practice of adhering to and satisfying standards and
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1 requirements promulgated by the Federal or a State

2 government for the purpose of preventing significant

3 harm to human health and the environment. Actions

4 undertaken in accordance with compliance schedules

5 for remediation established by Federal or State en6 forcement authorities shall be considered compliance

7 for purposes of this section.

8 ‘‘(6) The terms ‘specifically authorized’ and ‘spe9 cifically authorizes’ refer to an explicit authorization,

10 contained in a host community agreement or permit,

11 to import waste from outside the State. Such author12 ization may include a reference to a fixed radius sur13 rounding the landfill or incinerator that includes an

14 area outside the State or a reference to any place of

15 origin, reference to specific places outside the State, or

16 use of such phrases as ‘regardless of origin’ or ‘outside

17 the State’. The language for such authorization may

18 vary as long as it clearly and affirmatively states the

19 approval or consent of the affected local government

20 or State for receipt of municipal solid waste from

21 sources outside the State.

22 ‘‘(g) IMPLEMENTATION AND ENFORCEMENT.—Any

23 State may adopt such laws and regulations, not inconsist24 ent with this section, as are necessary to implement and

25 enforce this section, including provisions for penalties.’’.
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HR 3816 EAS

1 (B) TABLE OF CONTENTS AMENDMENT.—

2 The table of contents in section 1001 of the Solid

3 Waste Disposal Act (42 U.S.C. prec. 6901) is

4 amended by adding at the end of the items relat5 ing to subtitle D the following new item:

‘‘Sec. 4011. Interstate transportation of municipal solid waste.’’.

6 (2) NEEDS DETERMINATION.—The Governor of a

7 State may accept, deny or modify an application for

8 a municipal solid waste management facility permit

9 if—

10 (A) it is done in a manner that is not in11 consistent with the provisions of this section;

12 (B) a State law enacted in 1990 and a reg13 ulation adopted by the governor in 1991 specifi14 cally requires the permit applicant to dem15 onstrate that there is a local or regional need

16 within the State for the facility; and

17 (C) the permit applicant fails to dem18 onstrate that there is a local or regional need

19 within the State for the facility.

20 (b) FLOW CONTROL.—

21 (1) STATE AND LOCAL GOVERNMENT CONTROL OF

22 MOVEMENT OF MUNICIPAL SOLID WASTE AND RECY23 CLABLE MATERIAL.—Subtitle D of the Solid Waste

24 Disposal Act (42 U.S.C. 6941 et seq.), as amended by
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1 subsection (a)(1)(A), is amended by adding after sec2 tion 4011 the following new section:

3 ‘‘SEC. 4012. STATE AND LOCAL GOVERNMENT CONTROL OF

4 MOVEMENT OF MUNICIPAL SOLID WASTE AND

5 RECYCLABLE MATERIAL.

6 ‘‘(a) DEFINITIONS.—In this section:

7 ‘‘(1) DESIGNATE; DESIGNATION.—The terms ‘des8 ignate’ and ‘designation’ refer to an authorization by

9 a State, political subdivision, or public service au10 thority, and the act of a State, political subdivision,

11 or public service authority in requiring or contrac12 tually committing, that all or any portion of the mu13 nicipal solid waste or recyclable material that is gen14 erated within the boundaries of the State, political

15 subdivision, or public service authority be delivered to

16 waste management facilities or facilities for recyclable

17 material or a public service authority identified by

18 the State, political subdivision, or public service au19 thority.

20 ‘‘(2) FLOW CONTROL AUTHORITY.—The term

21 ‘flow control authority’ means the authority to control

22 the movement of municipal solid waste or voluntarily

23 relinquished recyclable material and direct such solid

24 waste or voluntarily relinquished recyclable material
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1 to a designated waste management facility or facility

2 for recyclable material.

3 ‘‘(3) MUNICIPAL SOLID WASTE.—The term ‘mu4 nicipal solid waste’ means—

5 ‘‘(A) solid waste generated by the general

6 public or from a residential, commercial, institu7 tional, or industrial source, consisting of paper,

8 wood, yard waste, plastics, leather, rubber, and

9 other combustible material and noncombustible

10 material such as metal and glass, including resi11 due remaining after recyclable material has been

12 separated from waste destined for disposal, and

13 including waste material removed from a septic

14 tank, septage pit, or cesspool (other than from

15 portable toilets); but

16 ‘‘(B) does not include—

17 ‘‘(i) waste identified or listed as a haz18 ardous waste under section 3001 of this Act

19 or waste regulated under the Toxic Sub20 stances Control Act (15 U.S.C. 2601 et seq.);

21 ‘‘(ii) waste, including contaminated

22 soil and debris, resulting from a response

23 action taken under section 104 or 106 of the

24 Comprehensive Environmental Response,

25 Compensation, and Liability Act of 1980
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1 (42 U.S.C. 9604, 9606) or any corrective

2 action taken under this Act;

3 ‘‘(iii) medical waste listed in section

4 11002;

5 ‘‘(iv) industrial waste generated by

6 manufacturing or industrial processes, in7 cluding waste generated during scrap proc8 essing and scrap recycling;

9 ‘‘(v) recyclable material; or

10 ‘‘(vi) sludge.

11 ‘‘(4) PUBLIC SERVICE AUTHORITY.—The term

12 ‘public service authority’ means—

13 ‘‘(A) an authority or authorities created

14 pursuant to State legislation to provide individ15 ually or in combination solid waste management

16 services to political subdivisions;

17 ‘‘(B) other body created pursuant to State

18 law; or

19 ‘‘(C) an authority that was issued a certifi20 cate of incorporation by a State corporation

21 commission established by a State constitution.

22 ‘‘(5) PUT OR PAY AGREEMENT.—(A) The term

23 ‘put or pay agreement’ means an agreement that obli24 gates or otherwise requires a State or political sub25 division to—
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1 ‘‘(i) deliver a minimum quantity of munici2 pal solid waste to a waste management facility;

3 and

4 ‘‘(ii) pay for that minimum quantity of

5 municipal solid waste even if the stated mini6 mum quantity of municipal solid waste is not

7 delivered within a required period of time.

8 ‘‘(B) For purposes of the authority conferred by

9 subsections (b) and (c), the term ‘legally binding pro10 vision of the State or political subdivision’ includes a

11 put or pay agreement that designates waste to a

12 waste management facility that was in operation on

13 or before December 31, 1988 and that requires an ag14 gregate tonnage to be delivered to the facility during

15 each operating year by the political subdivisions

16 which have entered put or pay agreements designat17 ing that waste management facility.

18 ‘‘(C) The entering into of a put or pay agree19 ment shall be considered to be a designation (as de20 fined in subsection (a)(1)) for all purposes of this

21 title.

22 ‘‘(6) RECYCLABLE MATERIAL.—The term ‘recy23 clable material’ means material that has been sepa24 rated from waste otherwise destined for disposal (at

25 the source of the waste or at a processing facility) or
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1 has been managed separately from waste destined for

2 disposal, for the purpose of recycling, reclamation,

3 composting of organic material such as food and yard

4 waste, or reuse (other than for the purpose of inciner5 ation).

6 ‘‘(7) WASTE MANAGEMENT FACILITY.—The term

7 ‘waste management facility’ means a facility that col8 lects, separates, stores, transports, transfers, treats,

9 processes, combusts, or disposes of municipal solid

10 waste.

11 ‘‘(b) AUTHORITY.—

12 ‘‘(1) IN GENERAL.—Each State, political sub13 division of a State, and public service authority may

14 exercise flow control authority for municipal solid

15 waste and for recyclable material voluntarily relin16 quished by the owner or generator of the material that

17 is generated within its jurisdiction by directing the

18 municipal solid waste or recyclable material to a

19 waste management facility or facility for recyclable

20 material, if such flow control authority—

21 ‘‘(A)(i) had been exercised prior to May 15,

22 1994, and was being implemented on May 15,

23 1994, pursuant to a law, ordinance, regulation,

24 or other legally binding provision of the State or

25 political subdivision; or
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1 ‘‘(ii) had been exercised prior to May 15,

2 1994, but implementation of such law, ordi3 nance, regulation, or other legally binding provi4 sion of the State or political subdivision was

5 prevented by an injunction, temporary restrain6 ing order, or other court action, or was sus7 pended by the voluntary decision of the State or

8 political subdivision because of the existence of

9 such court action;

10 ‘‘(B) has been implemented by designating

11 before May 15, 1994, the particular waste man12 agement facilities or public service authority to

13 which the municipal solid waste or recyclable

14 material is to be delivered, which facilities were

15 in operation as of May 15, 1994, or were in op16 eration prior to May 15, 1994 and were tempo17 rarily inoperative on May 15, 1994.

18 ‘‘(2) LIMITATION.—The authority of this section

19 extends only to the specific classes or categories of mu20 nicipal solid waste to which flow control authority re21 quiring a movement to a waste management facility

22 was actually applied on or before May 15, 1994 (or,

23 in the case of a State, political subdivision, or public

24 service authority that qualifies under subsection (c),

25 to the specific classes or categories of municipal solid
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1 waste for which the State, political subdivision, or

2 public service authority prior to May 15, 1994, had

3 committed to the designation of a waste management

4 facility).

5 ‘‘(3) LACK OF CLEAR IDENTIFICATION.—With re6 gard to facilities granted flow control authority under

7 subsection (c), if the specific classes or categories of

8 municipal solid waste are not clearly identified, the

9 authority of this section shall apply only to munici10 pal solid waste generated by households.

11 ‘‘(4) DURATION OF AUTHORITY.—With respect to

12 each designated waste management facility, the au13 thority of this section shall be effective until the later

14 of—

15 ‘‘(A) the end of the remaining life of a con16 tract between the State, political subdivision, or

17 public service authority and any other person re18 garding the movement or delivery of municipal

19 solid waste or voluntarily relinquished recyclable

20 material to a designated facility (as in effect

21 May 15, 1994);

22 ‘‘(B) completion of the schedule for payment

23 of the capital costs of the facility concerned (as

24 in effect May 15, 1994); or
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1 ‘‘(C) the end of the remaining useful life of

2 the facility (as in existence on the date of enact3 ment of this section), as that remaining life may

4 be extended by—

5 ‘‘(i) retrofitting of equipment or the

6 making of other significant modifications to

7 meet applicable environmental requirements

8 or safety requirements;

9 ‘‘(ii) routine repair or scheduled re10 placement of equipment or components that

11 does not add to the capacity of a waste

12 management facility; or

13 ‘‘(iii) expansion of the facility on land

14 that is—

15 ‘‘(I) legally or equitably owned, or

16 under option to purchase or lease, by

17 the owner or operator of the facility;

18 and

19 ‘‘(II) covered by the permit for the

20 facility (as in effect May 15, 1994).

21 ‘‘(5) ADDITIONAL AUTHORITY.—

22 ‘‘(A) APPLICATION OF PARAGRAPH.—This

23 paragraph applies to a State or political sub24 division of a State that, on or before January 1,

25 1984—
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1 ‘‘(i) adopted regulations under State

2 law that required the transportation to, and

3 management or disposal at, waste manage4 ment facilities in the State, of—

5 ‘‘(I) all solid waste from residen6 tial, commercial, institutional, or in7 dustrial sources (as defined under

8 State law); and

9 ‘‘(II) recyclable material volun10 tarily relinquished by the owner or

11 generator of the recyclable material;

12 and

13 ‘‘(ii) as of January 1, 1984, had im14 plemented those regulations in the case of

15 every political subdivision of the State.

16 ‘‘(B) AUTHORITY.—Notwithstanding any17 thing to the contrary in this section (including

18 subsection (m)), a State or political subdivision

19 of a State described in subparagraph (A) may

20 continue to exercise flow control authority (in21 cluding designation of waste management facili22 ties in the State that meet the requirements of

23 subsection (c)) for all classes and categories of

24 solid waste that were subject to flow control on

25 January 1, 1984.
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1 ‘‘(6) FLOW CONTROL ORDINANCE.—Notwith2 standing anything to the contrary in this section, but

3 subject to subsection (m), any political subdivision

4 which adopted a flow control ordinance in November

5 1991, and designated facilities to receive municipal

6 solid waste prior to April 1, 1992, may exercise flow

7 control authority until the end of the remaining life

8 of all contracts between the political subdivision and

9 any other persons regarding the movement or delivery

10 of municipal solid waste or voluntarily relinquished

11 recyclable material to a designated facility (as in ef12 fect May 15, 1994). Such authority shall extend only

13 to the specific classes or categories of municipal solid

14 waste to which flow control authority was actually

15 applied on or before May 15, 1994. The authority

16 under this subsection shall be exercised in accordance

17 with section 4012(b)(4).

18 ‘‘(c) COMMITMENT TO CONSTRUCTION.—

19 ‘‘(1) IN GENERAL.—Notwithstanding subsection

20 (b)(1) (A) and (B), any political subdivision of a

21 State may exercise flow control authority under sub22 section (b), if—

23 ‘‘(A)(i) the law, ordinance, regulation, or

24 other legally binding provision specifically pro-
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1 vides for flow control authority for municipal

2 solid waste generated within its boundaries; and

3 ‘‘(ii) such authority was exercised prior to

4 May 15, 1995, and was being implemented on

5 May 15, 1994.

6 ‘‘(B) prior to May 15, 1994, the political

7 subdivision committed to the designation of the

8 particular waste management facilities or public

9 service authority to which municipal solid waste

10 is to be transported or at which municipal solid

11 waste is to be disposed of under that law, ordi12 nance, regulation, plan, or legally binding provi13 sion.

14 ‘‘(2) FACTORS DEMONSTRATING COMMITMENT.—

15 A commitment to the designation of waste manage16 ment facilities or public service authority is dem17 onstrated by 1 or more of the following factors:

18 ‘‘(A) CONSTRUCTION PERMITS.—All permits

19 required for the substantial construction of the

20 facility were obtained prior to May 15, 1994.

21 ‘‘(B) CONTRACTS.—All contracts for the

22 substantial construction of the facility were in

23 effect prior to May 15, 1994.

24 ‘‘(C) REVENUE BONDS.—Prior to May 15,

25 1994, revenue bonds were presented for sale to
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1 specifically provide revenue for the construction

2 of the facility.

3 ‘‘(D) CONSTRUCTION AND OPERATING PER4 MITS.—The State or political subdivision sub5 mitted to the appropriate regulatory agency or

6 agencies, on or before May 15, 1994, substan7 tially complete permit applications for the con8 struction and operation of the facility.

9 ‘‘(d) FORMATION OF SOLID WASTE MANAGEMENT DIS10 TRICT TO PURCHASE AND OPERATE EXISTING FACILITY.—

11 Notwithstanding subsection (b)(1) (A) and (B), a solid

12 waste management district that was formed by a number

13 of political subdivisions for the purpose of purchasing and

14 operating a facility owned by 1 of the political subdivisions

15 may exercise flow control authority under subsection (b)

16 if—

17 ‘‘(1) the facility was fully licensed and in oper18 ation prior to May 15, 1994;

19 ‘‘(2) prior to April 1, 1994, substantial negotia20 tions and preparation of documents for the formation

21 of the district and purchase of the facility were com22 pleted;

23 ‘‘(3) prior to May 15, 1994, at least 80 percent

24 of the political subdivisions that were to participate

25 in the solid waste management district had adopted
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1 ordinances committing the political subdivisions to

2 participation and the remaining political subdivi3 sions adopted such ordinances within 2 months after

4 that date; and

5 ‘‘(3) the financing was completed, the acquisition

6 was made, and the facility was placed under oper7 ation by the solid waste management district by Sep8 tember 21, 1994.

9 ‘‘(e) CONSTRUCTED AND OPERATED.—A political sub10 division of a State may exercise flow control authority for

11 municipal solid waste and for recyclable material volun12 tarily relinquished by the owner or generator of the mate13 rial that is generated within its jurisdiction if—

14 ‘‘(1) prior to May 15, 1994, the political subdivi15 sion—

16 ‘‘(A) contracted with a public service au17 thority or with its operator to deliver or cause

18 to be delivered to the public service authority

19 substantially all of the disposable municipal

20 solid waste that is generated or collected by or is

21 within or under the control of the political sub22 division, in order to support revenue bonds is23 sued by and in the name of the public service au24 thority or on its behalf by a State entity for

25 waste management facilities; or
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1 ‘‘(B) entered into contracts with a public

2 service authority or its operator to deliver or

3 cause to be delivered to the public service author4 ity substantially all of the disposable municipal

5 solid waste that is generated or collected by or

6 within the control of the political subdivision,

7 which imposed flow control pursuant to a law,

8 ordinance, regulation, or other legally binding

9 provision and where outstanding revenue bonds

10 were issued in the name of public service au11 thorities for waste management facilities; and

12 ‘‘(2) prior to May 15, 1994, the public service

13 authority—

14 ‘‘(A) issued the revenue bonds or had issued

15 on its behalf by a State entity for the construc16 tion of municipal solid waste facilities to which

17 the political subdivision’s municipal solid waste

18 is transferred or disposed; and

19 ‘‘(B) commenced operation of the facilities.

20 The authority under this subsection shall be exercised in

21 accordance with section 4012(b)(4).

22 ‘‘(f) STATE-MANDATED DISPOSAL SERVICES.—A polit23 ical subdivision of a State may exercise flow control author24 ity for municipal solid waste and for recyclable material

25 voluntarily relinquished by the owner or generator of the
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1 material that is generated within its jurisdiction if, prior

2 to May 15, 1994, the political subdivision—

3 ‘‘(1) was responsible under State law for provid4 ing for the operation of solid waste facilities to serve

5 the disposal needs of all incorporated and unincor6 porated areas of the county;

7 ‘‘(2) is required to initiate a recyclable materials

8 recycling program in order to meet a municipal solid

9 waste reduction goal of at least 30 percent;

10 ‘‘(3) has been authorized by State statute to exer11 cise flow control authority and had implemented the

12 authority through the adoption or execution of a law,

13 ordinance, regulation, contract, or other legally bind14 ing provision;

15 ‘‘(4) had incurred, or caused a public service au16 thority to incur, significant financial expenditures to

17 comply with State law and to repay outstanding

18 bonds that were issued specifically for the construc19 tion of solid waste management facilities to which the

20 political subdivision’s waste is to be delivered; and

21 ‘‘(5) the authority under this subsection shall be

22 exercised in accordance with section 4012(b)(4).

23 ‘‘(g) STATE SOLID WASTE DISTRICT AUTHORITY.—A

24 solid waste district or a political subdivision of a State may

25 exercise flow control authority for municipal solid waste
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1 and for recyclable material voluntarily relinquished by the

2 owner or generator of the material that is generated within

3 its jurisdiction if—

4 ‘‘(1) the solid waste district, political subdivision

5 or municipality within said district is currently re6 quired to initiate a recyclable materials recycling

7 program in order to meet a municipal solid waste re8 duction goal of at least 30 percent by the year 2005,

9 and uses revenues generated by the exercise of flow

10 control authority strictly to implement programs to

11 manage municipal solid waste, other than develop12 ment of incineration; and

13 ‘‘(2) prior to May 15, 1994, the solid waste dis14 trict, political subdivision or municipality within

15 said district—

16 ‘‘(A) was responsible under State law for

17 the management and regulation of the storage,

18 collection, processing, and disposal of solid

19 wastes within its jurisdiction;

20 ‘‘(B) was authorized by State statute (en21 acted prior to January 1, 1992) to exercise flow

22 control authority, and subsequently adopted or

23 sought to exercise the authority through a law,

24 ordinance, regulation, regulatory proceeding,
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1 contract, franchise, or other legally binding pro2 vision; and

3 ‘‘(C) was required by State statute (enacted

4 prior to January 1, 1992) to develop and imple5 ment a solid waste management plan consistent

6 with the State solid waste management plan,

7 and the district solid waste management plan

8 was approved by the appropriate State agency

9 prior to September 15, 1994.

10 ‘‘(h) STATE-AUTHORIZED SERVICES AND LOCAL PLAN

11 ADOPTION.—A political subdivision of a State may exercise

12 flow control authority for municipal solid waste and for

13 recyclable material voluntarily relinquished by the owner

14 or generator of the material that is generated within its

15 jurisdiction if, prior to May 15, 1994, the political subdivi16 sion—

17 ‘‘(1) had been authorized by State statute which

18 specifically named the political subdivision to exercise

19 flow control authority and had implemented the au20 thority through a law, ordinance, regulation, con21 tract, or other legally binding provision; and

22 ‘‘(2) had adopted a local solid waste manage23 ment plan pursuant to State statute and was re24 quired by State statute to adopt such plan in order

25 to submit a complete permit application to construct
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1 a new solid waste management facility proposed in

2 such plan; and

3 ‘‘(3) had presented for sale a revenue or general

4 obligation bond to provide for the site selection, per5 mitting, or acquisition for construction of new facili6 ties identified and proposed in its local solid waste

7 management plan; and

8 ‘‘(4) includes a municipality or municipalities

9 required by State law to adopt a local law or ordi10 nance to require that solid waste which has been left

11 for collection shall be separated into recyclable, reus12 able or other components for which economic markets

13 exist; and

14 ‘‘(5) is in a State that has aggressively pursued

15 closure of substandard municipal landfills, both by

16 regulatory action and under statute designed to pro17 tect deep flow recharge areas in counties where pota18 ble water supplies are derived from sole source

19 aquifers.

20 ‘‘(i) RETAINED AUTHORITY.—

21 ‘‘(1) REQUEST.—On the request of a generator of

22 municipal solid waste affected by this section, a State

23 or political subdivision may authorize the diversion

24 of all or a portion of the solid waste generated by the

25 generator making the request to an alternative solid
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1 waste treatment or disposal facility, if the purpose of

2 the request is to provide a higher level of protection

3 for human health and the environment or reduce po4 tential future liability of the generator under Federal

5 or State law for the management of such waste, unless

6 the State or political subdivision determines that the

7 facility to which the municipal solid waste is pro8 posed to be diverted does not provide a higher level of

9 protection for human health and the environment or

10 does not reduce the potential future liability of the

11 generator under Federal or State law for the manage12 ment of such waste.

13 ‘‘(2) CONTENTS.—A request under paragraph (1)

14 shall include information on the environmental suit15 ability of the proposed alternative treatment or dis16 posal facility and method, compared to that of the

17 designated facility and method.

18 ‘‘(j) LIMITATIONS ON REVENUE.—A State or political

19 subdivision may exercise flow control authority under sub20 section (b), (c), (d), or (e) only if the State or political sub21 division certifies that the use of any of its revenues derived

22 from the exercise of that authority will be used for solid

23 waste management services or related landfill reclamation.

24 ‘‘(k) REASONABLE REGULATION OF COMMERCE.—A

25 law, ordinance, regulation, or other legally binding provi-
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1 sion or official act of a State or political subdivision, as

2 described in subsection (b), (c), (d), or (e), that implements

3 flow control authority in compliance with this section shall

4 be considered to be a reasonable regulation of commerce ret5 roactive to its date of enactment or effective date and shall

6 not be considered to be an undue burden on or otherwise

7 considered as impairing, restraining, or discriminating

8 against interstate commerce.

9 ‘‘(l) EFFECT ON EXISTING LAWS AND CONTRACTS.—

10 ‘‘(1) ENVIRONMENTAL LAWS.—Nothing in this

11 section shall be construed to have any effect on any

12 other law relating to the protection of human health

13 and the environment or the management of municipal

14 solid waste or recyclable material.

15 ‘‘(2) STATE LAW.—Nothing in this section shall

16 be construed to authorize a political subdivision of a

17 State to exercise the flow control authority granted by

18 this section in a manner that is inconsistent with

19 State law.

20 ‘‘(3) OWNERSHIP OF RECYCLABLE MATERIAL.—

21 Nothing in this section—

22 ‘‘(A) authorizes a State or political subdivi23 sion of a State to require a generator or owner

24 of recyclable material to transfer recyclable ma25 terial to the State or political subdivision; or
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1 ‘‘(B) prohibits a generator or owner of recy2 clable material from selling, purchasing, accept3 ing, conveying, or transporting recyclable mate4 rial for the purpose of transformation or re5 manufacture into usable or marketable material,

6 unless the generator or owner voluntarily made

7 the recyclable material available to the State or

8 political subdivision and relinquished any right

9 to, or ownership of, the recyclable material.

10 ‘‘(m) REPEAL.—(1) Notwithstanding any provision of

11 this title, authority to flow control by directing municipal

12 solid waste or recyclable materials to a waste management

13 facility shall terminate on the date that is 30 years after

14 the date of enactment of this Act.

15 ‘‘(2) This section and the item relating to this section

16 in the table of contents for subtitle D of the Solid Waste

17 Disposal Act are repealed effective as of the date that is

18 30 years after the date of enactment of this Act.

19 ‘‘(n) TITLE NOT APPLICABLE TO LISTED FACILI20 TIES.—Notwithstanding any other provision of this title,

21 the authority to exercise flow control shall not apply to any

22 facility that—

23 ‘‘(1) on the date of enactment of this Act, is list24 ed on the National Priorities List under the Com-
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1 prehensive Environmental, Response, Compensation

2 and Liability Act (42 U.S.C. 9601 et seq.); or

3 ‘‘(2) as of May 15, 1994, was the subject of a

4 pending proposal by the Administrator of the Envi5 ronmental Protection Agency to be listed on the Na6 tional Priorities List.’’.

7 (2) TABLE OF CONTENTS AMENDMENT.—The

8 table of contents for subtitle D in section 1001 of the

9 Solid Waste Disposal Act (42 U.S.C. prec. 6901), as

10 amended by subsection (a)(1)(B), is amended by add11 ing after the item relating to section 4011 the follow12 ing new item:

‘‘Sec. 4012. State and local government control of movement of municipal solid

waste and recyclable material.’’.

13 (c) GROUND WATER MONITORING.—

14 (1) AMENDMENT OF SOLID WASTE DISPOSAL

15 ACT.—Section 4010(c) of the Solid Waste Disposal

16 Act (42 U.S.C. 6949a(c)) is amended—

17 (A) by striking ‘‘CRITERIA.—Not later’’ and

18 inserting the following: ‘‘CRITERIA.—

19 ‘‘(1) IN GENERAL.—Not later’’; and

20 (B) by adding at the end the following new

21 paragraph:

22 ‘‘(2) ADDITIONAL REVISIONS.—Subject to para23 graph (2), the requirements of the criteria described

24 in paragraph (1) relating to ground water monitor-
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1 ing shall not apply to an owner or operator of a new

2 municipal solid waste landfill unit, an existing mu3 nicipal solid waste landfill unit, or a lateral expan4 sion of a municipal solid waste landfill unit, that dis5 poses of less than 20 tons of municipal solid waste

6 daily, based on an annual average, if—

7 ‘‘(A) there is no evidence of ground water

8 contamination from the municipal solid waste

9 landfill unit or expansion; and

10 ‘‘(B) the municipal solid waste landfill unit

11 or expansion serves—

12 ‘‘(i) a community that experiences an

13 annual interruption of at least 3 consecu14 tive months of surface transportation that

15 prevents access to a regional waste manage16 ment facility; or

17 ‘‘(ii) a community that has no prac18 ticable waste management alternative and

19 the landfill unit is located in an area that

20 annually receives less than or equal to 25

21 inches of precipitation.

22 ‘‘(3) PROTECTION OF GROUND WATER RE23 SOURCES.—

24 ‘‘(A) MONITORING REQUIREMENT.—A State

25 may require ground water monitoring of a solid
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1 waste landfill unit that would otherwise be ex2 empt under paragraph (2) if necessary to protect

3 ground water resources and ensure compliance

4 with a State ground water protection plan,

5 where applicable.

6 ‘‘(B) METHODS.—If a State requires

7 ground water monitoring of a solid waste land8 fill unit under subparagraph (A), the State may

9 allow the use of a method other than the use of

10 ground water monitoring wells to detect a release

11 of contamination from the unit.

12 ‘‘(C) CORRECTIVE ACTION.—If a State finds

13 a release from a solid waste landfill unit, the

14 State shall require corrective action as appro15 priate.

16 ‘‘(4) ALASKA NATIVE VILLAGES.—Upon certifi17 cation by the Governor of the State of Alaska that ap18 plication of the requirements of the criteria described

19 in paragraph (1) to a solid waste landfill unit of a

20 Native village (as defined in section 3 of the Alaska

21 Native Claims Settlement Act (16 U.S.C. 1602)) or

22 unit that is located in or near a small, remote Alaska

23 village would be infeasible, or would not be cost-effec24 tive, or is otherwise inappropriate because of the re25 mote location of the unit, the State may exempt the
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1 unit from some or all of those requirements. This sub2 section shall apply only to solid waste landfill units

3 that dispose of less than 20 tons of municipal solid

4 waste daily, based on an annual average.

5 ‘‘(5) NO-MIGRATION EXEMPTION.—

6 ‘‘(A) IN GENERAL.—Ground water monitor7 ing requirements may be suspended by the Direc8 tor of an approved State for a landfill operator

9 if the operator demonstrates that there is no po10 tential for migration of hazardous constituents

11 from the unit to the uppermost aquifer during

12 the active life of the unit and the post-closure

13 care period.

14 ‘‘(B) CERTIFICATION.—A demonstration

15 under subparagraph (A) shall—

16 ‘‘(i) be certified by a qualified ground17 water scientist and approved by the Direc18 tor of an approved State.

19 ‘‘(C) GUIDANCE.—Not later than 6 months

20 after the date of enactment of this paragraph, the

21 Administrator shall issue a guidance document

22 to facilitate small community use of the no mi23 gration exemption under this paragraph.

24 ‘‘(6) FURTHER REVISIONS OF GUIDELINES AND

25 CRITERIA.—Not later than April 9, 1997, the Admin-
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1 istrator shall promulgate revisions to the guidelines

2 and criteria promulgated under this subchapter to

3 allow States to promulgate alternate design, operat4 ing, landfill gas monitoring, financial assurance, and

5 closure requirements for landfills which receive 20

6 tons or less of municipal solid waste per day based

7 on an annual average: Provided That such alternate

8 requirements are sufficient to protect human health

9 and the environment.’’.

10 (2) REINSTATEMENT OF REGULATORY EXEMP11 TION.—It is the intent of section 4010(c)(2) of the

12 Solid Waste Disposal Act, as added by paragraph (1),

13 to immediately reinstate subpart E of part 258 of

14 title 40, Code of Federal Regulations, as added by the

15 final rule published at 56 Federal Register 50798 on

16 October 9, 1991.

17 (d) STATE OR REGIONAL SOLID WASTE PLANS.—

18 (1) FINDING.—Section 1002(a) of the Solid

19 Waste Disposal Act (42 U.S.C. 6901(a)) is amend20 ed—

21 (A) by striking the period at the end of

22 paragraph (4) and inserting ‘‘; and’’; and

23 (B) by adding at the end the following:

24 ‘‘(5) that the Nation’s improved standard of liv25 ing has resulted in an increase in the amount of solid
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1 waste generated per capita, and the Nation has not

2 given adequate consideration to solid waste reduction

3 strategies.’’.

4 (2) OBJECTIVE OF SOLID WASTE DISPOSAL

5 ACT.—Section 1003(a) of the Solid Waste Disposal

6 Act (42 U.S.C. 6902(a)) is amended—

7 (A) by striking ‘‘and’’ at the end of para8 graph (10);

9 (B) by striking the period at the end of

10 paragraph (11) and inserting ‘‘; and’’; and

11 (C) by adding at the end the following:

12 ‘‘(12) promoting local and regional planning

13 for—

14 ‘‘(A) effective solid waste collection and dis15 posal; and

16 ‘‘(B) reducing the amount of solid waste

17 generated per capita through the use of solid

18 waste reduction strategies.’’.

19 (3) NATIONAL POLICY.—Section 1003(b) of the

20 Solid Waste Disposal Act (42 U.S.C. 6902(b)) is

21 amended by inserting ‘‘solid waste and’’ after ‘‘gen22 eration of’’.

23 (4) OBJECTIVE OF SUBTITLE D OF SOLID WASTE

24 DISPOSAL ACT.—Section 4001 of the Solid Waste Dis25 posal Act (42 U.S.C. 6941) is amended by inserting
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1 ‘‘promote local and regional planning for effective

2 solid waste collection and disposal and for reducing

3 the amount of solid waste generated per capita

4 through the use of solid waste reduction strategies,

5 and’’ after ‘‘objectives of this subtitle are to’’.

6 (5) DISCRETIONARY STATE PLAN PROVISIONS.—

7 Section 4003 of the Solid Waste Disposal Act (42

8 U.S.C. 6943) is amended by adding at the end the fol9 lowing:

10 ‘‘(e) DISCRETIONARY PLAN PROVISIONS RELATING TO

11 SOLID WASTE REDUCTION GOALS, LOCAL AND REGIONAL

12 PLANS, AND ISSUANCE OF SOLID WASTE MANAGEMENT

13 PERMITS.—Except as provided in section 4011(a)(4), a

14 State plan submitted under this subtitle may include, at

15 the option of the State, provisions for—

16 ‘‘(1) establishment of a State per capita solid

17 waste reduction goal, consistent with the goals and

18 objectives of this subtitle; and

19 ‘‘(2) establishment of a program that ensures

20 that local and regional plans are consistent with

21 State plans and are developed in accordance with sec22 tions 4004, 4005, and 4006.’’.

23 (6) PROCEDURE FOR DEVELOPMENT AND IMPLE24 MENTATION OF STATE PLANS.—Section 4006(b) of the

25 Solid Waste Disposal Act (42 U.S.C. 6946(b)) is
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1 amended by inserting ‘‘and discretionary plan provi2 sions’’ after ‘‘minimum requirements’’.

3 (e) GENERAL PROVISIONS.—

4 (1) BORDER STUDIES.—

5 (A) DEFINITIONS.—In this paragraph:

6 (i) ADMINISTRATOR.—The term ‘‘Ad7 ministrator’’ means the Administrator of

8 the Environmental Protection Agency.

9 (ii) MAQUILADORA.—The term

10 ‘‘maquiladora’’ means an industry located

11 in Mexico along the border between the

12 United States and Mexico.

13 (iii) SOLID WASTE.—The term ‘‘solid

14 waste’’ has the meaning provided the term

15 under section 1004(27) of the Solid Waste

16 Disposal Act (42 U.S.C. 6903(27)).

17 (B) IN GENERAL.—

18 (i) STUDY OF SOLID WASTE MANAGE19 MENT ISSUES ASSOCIATED WITH NORTH

20 AMERICAN FREE TRADE AGREEMENT.—As

21 soon as practicable after the date of enact22 ment of this Act, the Administrator is au23 thorized to conduct a study of solid waste

24 management issues associated with in25 creased border use resulting from the imple-
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1 mentation of the North American Free

2 Trade Agreement.

3 (ii) STUDY OF SOLID WASTE MANAGE4 MENT ISSUES ASSOCIATED WITH UNITED

5 STATES-CANADA FREE-TRADE AGREE6 MENT.—As soon as practicable after the

7 date of enactment of this Act, the Adminis8 trator may conduct a similar study focused

9 on border traffic of solid waste resulting

10 from the implementation of the United

11 States-Canada Free-Trade Agreement, with

12 respect to the border region between the

13 United States and Canada.

14 (C) CONTENTS OF STUDY.—A study con15 ducted under this paragraph shall provide for

16 the following:

17 (i) A study of planning for solid waste

18 treatment, storage, and disposal capacity

19 (including additional landfill capacity) that

20 would be necessary to accommodate the gen21 eration of additional household, commercial,

22 and industrial wastes by an increased pop23 ulation along the border involved.
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1 (ii) A study of the relative impact on

2 border communities of a regional siting of

3 solid waste storage and disposal facilities.

4 (iii) In the case of the study described

5 in subparagraph (B)(i), research concerning

6 methods of tracking of the transportation

7 of—

8 (I) materials from the United

9 States to maquiladoras; and

10 (II) waste from maquiladoras to a

11 final destination.

12 (iv) In the case of the study described

13 in subparagraph (B)(i), a determination of

14 the need for solid waste materials safety

15 training for workers in Mexico and the

16 United States within the 100-mile zone

17 specified in the First Stage Implementation

18 Plan Report for 1992–1994 of the Inte19 grated Environmental Plan for the Mexico20 United States Border, issued by the Admin21 istrator in February 1992.

22 (v) A review of the adequacy of exist23 ing emergency response networks in the bor24 der region involved, including the adequacy

25 of training, equipment, and personnel.
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1 (vi) An analysis of solid waste man2 agement practices in the border region in3 volved, including an examination of meth4 ods for promoting source reduction, recy5 cling, and other alternatives to landfills.

6 (D) SOURCES OF INFORMATION.—In con7 ducting a study under this paragraph, the Ad8 ministrator shall, to the extent allowable by law,

9 solicit, collect, and use the following information:

10 (i) A demographic profile of border

11 lands based on census data prepared by the

12 Bureau of the Census of the Department of

13 Commerce and, in the case of the study de14 scribed in subparagraph (B)(i), census data

15 prepared by the Government of Mexico.

16 (ii) In the case of the study described

17 in subparagraph (B)(i), information from

18 the United States Customs Service of the

19 Department of the Treasury concerning

20 solid waste transported across the border be21 tween the United States and Mexico, and

22 the method of transportation of the waste.

23 (iii) In the case of the study described

24 in subparagraph (B)(i), information con-
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1 cerning the type and volume of materials

2 used in maquiladoras.

3 (iv)(I) Immigration data prepared by

4 the Immigration and Naturalization Serv5 ice of the Department of Justice.

6 (II) In the case of the study described

7 in subparagraph (B)(i), immigration data

8 prepared by the Government of Mexico.

9 (v) Information relating to the infra10 structure of border land, including an ac11 counting of the number of landfills,

12 wastewater treatment systems, and solid

13 waste treatment, storage, and disposal fa14 cilities.

15 (vi) A listing of each site in the border

16 region involved where solid waste is treated,

17 stored, or disposed of.

18 (vii) In the case of the study described

19 in subparagraph (B)(i), a profile of the in20 dustries in the region of the border between

21 the United States and Mexico.

22 (E) CONSULTATION AND COOPERATION.—In

23 carrying out this paragraph, the Administrator

24 shall consult with the following entities in re25 viewing study activities:
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1 (i) With respect to reviewing the study

2 described in subparagraph (B)(i), States

3 and political subdivisions of States (includ4 ing municipalities and counties) in the re5 gion of the border between the United States

6 and Mexico.

7 (ii) The heads of other Federal agencies

8 (including the Secretary of the Interior, the

9 Secretary of Housing, the Secretary of

10 Health and Human Services, the Secretary

11 of Transportation, and the Secretary of

12 Commerce) and with respect to reviewing

13 the study described in subparagraph (B)(i),

14 equivalent officials of the Government of

15 Mexico.

16 (F) REPORTS TO CONGRESS.—On comple17 tion of the studies under this paragraph, the Ad18 ministrator shall, not later than 2 years after the

19 date of enactment of this Act, submit to the ap20 propriate committees of Congress reports that

21 summarize the findings of the studies and pro22 pose methods by which solid waste border traffic

23 may be tracked, from source to destination, on

24 an annual basis.
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1 (G) BORDER STUDY DELAY.—The conduct

2 of the study described in subparagraph (B)(ii)

3 shall not delay or otherwise affect completion of

4 the study described in subparagraph (B)(i).

5 (H) FUNDING.—If any funding needed to

6 conduct the studies required by this paragraph is

7 not otherwise available, the president may trans8 fer to the administrator, for use in conducting

9 the studies, any funds that have been appro10 priated to the president under section 533 of the

11 North American Free Trade Agreement Imple12 mentation Act (19 U.S.C. 3473) that are in ex13 cess of the amount needed to carry out that sec14 tion. States that wish to participate in study

15 will be asked to contribute to the costs of the

16 study. The terms of the cost share shall be nego17 tiated between the Environmental Protection

18 Agency and the State.’’.

19 (2) STUDY OF INTERSTATE HAZARDOUS WASTE

20 TRANSPORT.—

21 (A) DEFINITION OF HAZARDOUS WASTE.—

22 In this paragraph, the term ‘‘hazardous waste’’

23 has the meaning provided in section 1004 of the

24 Solid Waste Disposal Act (42 U.S.C. 6903).
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1 (B) STUDY.—not later than 3 years after

2 the date of enactment of this act, the adminis3 trator of the environmental protection agency

4 shall conduct a study, and report to congress on

5 the results of the study, to determine—

6 (i) the quantity of hazardous waste

7 that is being transported across state lines;

8 and

9 (ii) the ultimate disposition of the

10 transported waste.

11 (3) STUDY OF INTERSTATE SLUDGE TRANS12 PORT.—

13 (A) DEFINITIONS.—In this paragraph:

14 (i) SEWAGE SLUDGE.—The term ‘‘sew15 age sludge’’—

16 (I) means solid, semisolid, or liq17 uid residue generated during the treat18 ment of domestic sewage in a treat19 ment works; and

20 (II) includes—

21 (i) domestic septage;

22 (ii) scum or a solid removed

23 in a primary, secondary, or ad24 vanced wastewater treatment

25 process; and
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1 (iii) material derived from

2 sewage sludge (as otherwise de3 fined in this clause); but

4 (III) does not include—

5 (i) ash generated during the

6 firing of sewage sludge (as other7 wise defined in this clause) in a

8 sewage sludge incinerator; or

9 (ii) grit or screenings gen10 erated during preliminary treat11 ment of domestic sewage in a

12 treatment works.

13 (ii) SLUDGE.—The term ‘‘sludge’’ has

14 the meaning provided in section 1004 of the

15 Solid Waste Disposal Act (42 U.S.C. 6903).

16 (B) STUDY.—Not later than 3 years after

17 the date of enactment of this act, the adminis18 trator of the environmental protection agency

19 shall conduct a study, and report to congress on

20 the results of the study, to determine—

21 (i) the quantity of sludge (including

22 sewage sludge) that is being transported

23 across state lines; and

24 (ii) the ultimate disposition of the

25 transported sludge.
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1 SEC. 510. SENSE OF SENATE REGARDING UNITED STATES

2 SEMICONDUCTOR TRADE AGREEMENT.

3 (a) FINDINGS.—

4 (1) The United States-Japan Semiconductor

5 Trade Agreement is set to expire on July 31, 1996;

6 (2) The Governments of the United States and

7 Japan are currently engaged in negotiations over the

8 terms of a new United States-Japan agreement on

9 semiconductors;

10 (3) The President of the United States and the

11 Prime Minister of Japan agreed at the G–7 Summit

12 in June that their two governments should conclude

13 a mutually acceptable outcome of the semiconductor

14 dispute by July 31, 1996, and that there should be a

15 continuing role for the two governments in the new

16 agreement;

17 (4) The current United States-Japan Semi18 conductor Trade Agreement has put in place both gov19 ernment-to-government and industry-to-industry

20 mechanisms which have played a vital role in allow21 ing cooperation to replace conflict in this important

22 high technology sector such as by providing for joint

23 calculation of foreign market share in Japan, deter24 rence of dumping, and promotion of industrial co25 operation in the design-in of foreign semiconductor

26 devices;
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1 (5) Despite the increased foreign share of the

2 Japanese semiconductor market since 1986, a gap

3 still remains between the share United States and

4 other foreign semiconductor makers are able to cap5 ture in the world market outside of Japan through

6 their competitiveness and the sales of these suppliers

7 in the Japanese market, and that gap is consistent

8 across the full range of semiconductor products as

9 well as a full range of end-use applications;

10 (6) The competitiveness and health of the United

11 States semiconductor industry is of critical impor12 tance to the United States’ overall economic well13 being as well as the nation’s high technology defense

14 capabilities;

15 (7) The economic interests of both the United

16 States and Japan are best served by well-functioning,

17 open markets and deterrence of dumping in all sec18 tors, including semiconductors;

19 (8) The Government of Japan continues to op20 pose an agreement that (A) ensures continued calcula21 tion of foreign market share in Japan according to

22 the formula set forth in the current agreement, and

23 (B) provides for continuation of current measures to

24 deter renewed dumping of semiconductors in the

25 United States and in the third country markets; and
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1 (9) The United States Senate on June 19, 1996,

2 unanimously adopted a sense of the Senate resolution

3 that the President should take all necessary and ap4 propriate actions to ensure the continuation of a gov5 ernment-to-government United States-Japan semi6 conductor trade agreement before the current agree7 ment expires on July 31, 1996.

8 (b) SENSE OF SENATE.—It is the sense of the Senate

9 that if a new United States-Japan Semiconductor Agree10 ment is not concluded by July 31, 1996, that (1) ensures

11 continued calculation of foreign market share in Japan ac12 cording to the formula set forth in the current agreement,

13 and (2) provides for continuation of current measures to

14 deter renewed dumping of semiconductors in the United

15 States and in third country markets, the President shall—

16 (A) Direct the Office of the United States Trade

17 Representative and the Department of Commerce to

18 establish a system to provide for unilateral United

19 States Government calculation and publication of the

20 foreign share of the Japanese semiconductor market,

21 according to the formula set forth in the current

22 agreement;

23 (B) Report to the Congress on a quarterly basis

24 regarding the progress, or lack thereof, in increasing
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1 foreign market access to the Japanese semiconductor

2 market; and

3 (C) Take all necessary and appropriate actions

4 to ensure that all United States trade laws with re5 spect to foreign market access and injurious dumping

6 are expeditiously and vigorously enforced with respect

7 to U.S.-Japan semiconductor trade, as appropriate.

8 This Act may be cited as the ‘‘Energy and Water De9 velopment Appropriations Act, 1997’’.

Attest:

Secretary.
104TH CONGRESS

2D SESSION H. R. 3816

AMENDMENT
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