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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3816 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  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:

That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 1997, for energy and water development, and for other 
purposes, namely:

                                TITLE I

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

    The following appropriations shall be expended under the direction 
of the Secretary of the Army and the supervision of the Chief of 
Engineers for authorized civil functions of the Department of the Army 
pertaining to rivers and harbors, flood control, beach erosion, and 
related purposes.

                         general investigations

    For expenses necessary for the collection and study of basic 
information pertaining to river and harbor, flood control, shore 
protection, and related projects, restudy of authorized projects, 
miscellaneous investigations, and, when authorized by laws, surveys and 
detailed studies and plans and specifications of projects prior to 
construction, $154,557,000, to remain available until expended, of 
which funds are provided for the following projects in the amounts 
specified:
            Coastal Studies Navigation Improvements, Alaska, $500,000;
            Red River Navigation, Southwest, Arkansas, $600,000;
            Tahoe Basin Study, Nevada and California, $200,000;
            Walker River Basin Restoration Study, Nevada and 
        California, $300,000;
            Bolinas Lagoon restoration study, Marin County, California, 
        $500,000;
            Barnegat Inlet to Little Egg Harbor Inlet, New Jersey, 
        $300,000;
            South Shore of Staten Island, New York, $300,000; and
            Rhode Island South Coast, Habitat Restoration and Storm 
        Damage Reduction, Rhode Island, $300,000.

                         construction, general

    For the prosecution of river and harbor, flood control, shore 
protection, and related projects authorized by laws; and detailed 
studies, and plans and specifications, of projects (including those for 
development with participation or under consideration for participation 
by States, local governments, or private groups) authorized or made 
eligible for selection by law (but such studies shall not constitute a 
commitment of the Government to construction), $1,049,306,000, to 
remain available until expended, of which such sums as are necessary 
pursuant to Public Law 99-662 shall be derived from the Inland 
Waterways Trust Fund, for one-half of the costs of construction and 
rehabilitation of inland waterways projects, including rehabilitation 
costs for the Lock and Dam 25, Mississippi River, Illinois and 
Missouri, Lock and Dam 14, Mississippi River, Iowa, and Lock and Dam 
24, Mississippi River, Illinois and Missouri, projects, and of which 
funds are provided for the following projects in the amounts specified:
            Larsen Bay Harbor, Alaska, $2,000,000;
            Ouzinkie Harbor, Alaska, $2,000,000;
            Valdez Harbor, Alaska, Intertidal Water Retention, 
        $1,000,000;
            Red River Emergency Bank Protection, Arkansas, $6,000,000;
            Indianapolis Central Waterfront, Indiana, $2,000,000;
            Harlan (Levisa and Tug Forks of the Big Sandy River and 
        Upper Cumberland River), Kentucky, $10,000,000;
            Williamsburg (Levisa and Tug Forks of the Big Sandy River 
        and Upper Cumberland River), Kentucky, $4,700,000;
            Middlesboro (Levisa and Tug Forks of the Big Sandy River 
        and Upper Cumberland River), Kentucky, $4,000,000;
            Pike County (Levisa and Tug Forks of the Big Sandy River 
        and Upper Cumberland River), Kentucky, $3,000,000;
            Ouachita River Levees, Louisiana, $2,600,000;
            Lake Pontchartrain and Vicinity, Louisiana, $18,525,000;
            Lake Pontchartrain (Jefferson Parish) Stormwater Discharge, 
        Louisiana, $3,500,000;
            Red River Emergency Bank Protection, Louisiana, $4,400,000;
            Mill Creek, Ohio, $500,000;
            Seelconk River, Rhode Island Bridge removal, $650,000;
            Red River Chloride Control, Texas, $4,500,000;
            Wallisville Lake, Texas, $5,000,000;
            Richmond Filtration Plant, Virginia, $3,500,000;
            Virginia Beach, Virginia, Hurricane Protection, $8,000,000;
            Hatfield Bottom (Levisa and Tug Forks of the Big Sandy 
        River and Upper Cumberland River), West Virginia, $1,600,000;
            Lower Mingo (Kermit) (Levisa and Tug Forks of the Big Sandy 
        River and Upper Cumberland River), $4,200,000;
            Lower Mingo, West Virginia, Tributaries Supplement, 
        $105,000; and
            Upper Mingo County (Levisa and Tug Forks of the Big Sandy 
        River and Upper Cumberland River), West Virginia, $4,000,000: 
        Provided, That of the funds provided for the Red River 
        Waterway, Mississippi River to Shreveport, Louisiana, project, 
        $3,000,000 is provided, to remain available until expended, for 
        design and construction of a regional visitor center in the 
        vicinity of Shreveport, Louisiana at full Federal expense: 
        Provided further, That the Secretary of the Army, acting 
        through the Chief of Engineers, is authorized and directed to 
        initiate construction on the following projects in the amounts 
        specified:
            Kake Harbor, Alaska, $4,000,000;
            Helena and Vicinity, Arkansas, $150,000;
            San Lorenzo, California, $200,000;
            Panama City Beaches, Florida, $400,000;
            Chicago Shoreline, Illinois, $1,300,000;
            Pond Creek, Jefferson City, Kentucky, $3,000,000;
            Boston Harbor, Massachusetts, $500,000;
            Poplar Island, Maryland, $5,000,000;
            Natchez Bluff, Mississippi, $5,000,000;
            Wood River, Grand Isle, Nebraska, $1,000,000;
            Duck Creek, Cincinnati, Ohio, $466,000;
            Saw Mill River, Pittsburgh, Pennsylvania, $500,000;
            Upper Jordan River, Utah, $1,100,000;
            San Juan Harbor, Puerto Rico, $800,000; and
            Allendale Dam, Rhode Island, $195,000: Provided further, 
        That no fully allocated funding policy shall apply to 
        construction of the projects listed above, and the Secretary of 
        the Army is directed to undertake these projects using 
        continuing contracts where sufficient funds to complete the 
        projects are not available from funds provided herein or in 
        prior years.

 flood control, mississippi river and tributaries, arkansas, illinois, 
       kentucky, louisiana, mississippi, missouri, and tennessee

    For expenses necessary for prosecuting work of flood control, and 
rescue work, repair, restoration, or maintenance of flood control 
projects threatened or destroyed by flood, as authorized by law (33 
U.S.C. 702a, 702g-1), $312,513,000, to remain available until expended: 
Provided, That the President of the Mississippi River Commission is 
directed henceforth to use the variable cost recovery rate set forth in 
OMB Circular A-126 for use of the Commission aircraft authorized by the 
Flood Control Act of 1946, Public Law 526.

                   operation and maintenance, general

    For expenses necessary for the preservation, operation, 
maintenance, and care of existing river and harbor, flood control, and 
related works, including such sums as may be necessary for the 
maintenance of harbor channels provided by a State, municipality or 
other public agency, outside of harbor lines, and serving essential 
needs of general commerce and navigation; surveys and charting of 
northern and northwestern lakes and connecting waters; clearing and 
straightening channels; and removal of obstructions to navigation, 
$1,688,358,000, to remain available until expended, of which such sums 
as become available in the Harbor Maintenance Trust Fund, pursuant to 
Public Law 99-662, may be derived from that fund, and of which such 
sums as become available from the special account established by the 
Land and Water Conservation Act of 1965, as amended (16 U.S.C. 460l), 
may be derived from that fund for construction, operation, and 
maintenance of outdoor recreation facilities and of which $500,000 
shall be made available for the maintenance of Compton Creek Channel, 
Los Angeles County drainage area, California: Provided, That the 
Secretary of the Army is directed to design and implement at full 
Federal expense an early flood warning system for the Greenbrier and 
Cheat River Basins, West Virginia within eighteen months from the date 
of enactment of this Act: Provided further, That the Secretary of the 
Army is directed during fiscal year 1997 to maintain a minimum 
conservation pool level of 475.5 at Wister Lake in Oklahoma: Provided 
further, That no funds, whether appropriated, contributed, or otherwise 
provided, shall be available to the United States Army Corps of 
Engineers for the purpose of acquiring land in Jasper County, South 
Carolina, in connection with the Savannah Harbor navigation project: 
Provided further, That the Secretary of the Army is directed to use 
$600,000 of funding provided herein to perform maintenance dredging of 
the Cocheco River navigation project, New Hampshire: Provided further, 
That $750,000 is for the Buford-Trenton Irrigation District, section 
33, erosion control project in North Dakota.

                           regulatory program

    For expenses necessary for administration of laws pertaining to 
regulation of navigable waters and wetlands, $101,000,000, to remain 
available until expended.

                 flood control and coastal emergencies

    For expenses necessary for emergency flood control, hurricane, and 
shore protection activities, as authorized by section 5 of the Flood 
Control Act approved August 18, 1941, as amended, $10,000,000, to 
remain available until expended.

                            general expenses

    For expenses necessary for general administration and related 
functions in the Office of the Chief of Engineers and offices of the 
Division Engineers; activities of the Coastal Engineering Research 
Board, the Humphreys Engineer Center Support Activity, the Engineering 
Strategic Studies Center, and the Water Resources Support Center, and 
for costs of implementing the Secretary of the Army's plan to reduce 
the number of division offices as directed in title I, Public Law 104-
46, $153,000,000, to remain available until expended: Provided, That no 
part of any other appropriation provided in title I of this Act shall 
be available to fund the activities of the Office of the Chief of 
Engineers or the executive direction and management activities of the 
Division Offices: Provided further, That the Secretary of the Army may 
not obligate any funds available to the Department of the Army for the 
closure of the Pacific Ocean Division Office of the Army Corps of 
Engineers.

                       administrative provisions

    Appropriations in this title shall be available for official 
reception and representation expenses (not to exceed $5,000); and 
during the current fiscal year the revolving fund, Corps of Engineers, 
shall be available for purchase (not to exceed 100 for replacement 
only) and hire of passenger motor vehicles.

                           general provisions

    Sec. 101. The flood control project for Arkansas City, Kansas 
authorized by section 401(a) of the Water Resources Development Act of 
1986 (Public Law 99-662, 100 Stat. 4116) is modified to authorize the 
Secretary of the Army to construct the project at a total cost of 
$38,500,000, with an estimated first Federal cost of $19,250,000 and an 
estimated first non-Federal cost of $19,250,000.
    Sec. 102. Funds previously provided under the Fiscal Year 1993 
Energy and Water Development Act, Public Law 102-377, for the Elk Creek 
Dam, Oregon project, are hereby made available to plan and implement 
long term management measures at Elk Creek Dam to maintain the project 
in an uncompleted state and to take necessary steps to provide passive 
fish passage through the project.
    Sec. 103. The flood control project for Moorefield, West Virginia, 
authorized by section 101(a)(25) of the Water Resources Development Act 
of 1990 (Public Law 101-640, 104 Stat. 4610) is modified to authorize 
the Secretary of the Army to construct the project at a total cost of 
$26,200,000, with an estimated first Federal cost of $20,300,000 and an 
estimated first non-Federal cost of $5,900,000.
    Sec. 104. The project for navigation, Grays Landing Lock and Dam, 
Monongahela River, Pennsylvania (Lock and Dam 7 Replacement), 
authorized by section 301(a) of the Water Resources Development Act of 
1986 (Public Law 99-662, 100 Stat. 4110) is modified to authorize the 
Secretary of the Army to construct the project at a total cost of 
$181,000,000, with an estimated first Federal cost of $181,000,000.
    Sec. 105. From the date of enactment of this Act, flood control 
measures implemented under Section 202(a) of Public Law 96-367 shall 
prevent future losses that would occur from a flood equal in magnitude 
to the April 1977 level by providing protection from the April 1977 
level or the 100-year frequency event, whichever is greater.
    Sec. 106. Notwithstanding any other provision of law, the Secretary 
of the Army, acting through the Chief of Engineers, is authorized to 
reprogram, obligate and expend such additional sums as are necessary to 
continue construction and cover anticipated contract earnings of any 
water resources project that received an appropriation or allowance for 
construction in or through an appropriations Act or resolution of the 
then-current fiscal year or the two fiscal years immediately prior to 
that fiscal year, in order to prevent the termination of a contract or 
the delay of scheduled work.
    Sec. 107. (a) In fiscal year 1997, the Secretary of the Army shall 
advertise for competitive bid at least 7,500,000 cubic yards of the 
hooper dredge volume accomplished with government owned dredges in 
fiscal year 1996.
    (b) Notwithstanding the provisions of this section, the Secretary 
is authorized to use the dredge fleet of the Corps of Engineers to 
undertake projects when industry does not perform as required by the 
contract specifications or when the bids are more than 25 percent in 
excess of what the Secretary determines to be a fair and reasonable 
estimated cost of a well equipped contractor doing the work or to 
respond to emergency requirements.
    Sec. 108. The Corps of Engineers is hereby directed to complete the 
Charleston Riverfront (Haddad) Park Project, West Virginia, as 
described in the design memorandum approved November, 1992, on a 50-50 
cost-share basis with the City. The Corps of Engineers shall pay one-
half of all costs for settling contractor claims on the completed 
project and for completing the wharf. The Federal portion of these 
costs shall be obtained by reprogramming available Operations & 
Maintenance funds. The project cost limitation in the Project 
Cooperation Agreement shall be increased to reflect the actual costs of 
the completed project.

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project

                central utah project completion account

    For the purpose of carrying out provisions of the Central Utah 
Project Completion Act, Public Law 102-575 (106 Stat. 4605), and for 
feasibility studies of alternatives to the Uintah and Upalco Units, 
$42,527,000, to remain available until expended, of which $16,700,000 
shall be deposited into the Utah Reclamation Mitigation and 
Conservation Account: Provided, That of the amounts deposited into the 
Account, $5,000,000 shall be considered the Federal contribution 
authorized by paragraph 402(b)(2) of the Act and $11,700,000 shall be 
available to the Utah Reclamation Mitigation and Conservation 
Commission to carry out activities authorized under the Act.
    In addition, for necessary expenses incurred in carrying out 
responsibilities of the Secretary of the Interior under the Act, 
$1,100,000, to remain available until expended.

                         Bureau of Reclamation

    For carrying out the functions of the Bureau of Reclamation as 
provided in the Federal reclamation laws (Act of June 17, 1902, 32 
Stat. 388, and Acts amendatory thereof or supplementary thereto) and 
other Acts applicable to that Bureau as follows:

                         general investigations

    For engineering and economic investigations of proposed Federal 
reclamation projects and studies of water conservation and development 
plans and activities preliminary to the reconstruction, rehabilitation 
and betterment, financial adjustment, or extension of existing 
projects, $18,105,000, to remain available until expended: Provided, 
That of the total appropriated, the amount for program activities which 
can be financed by the reclamation fund shall be derived from that 
fund: Provided further, That funds contributed by non-Federal entities 
for purposes similar to this appropriation shall be available for 
expenditure for the purposes for which contributed as though 
specifically appropriated for said purposes, and such amounts shall 
remain available until expended: Provided further, That within 
available funds, $150,000 is for completion of the feasibility study of 
alternatives for meeting the drinking water needs of Cheyenne River 
Sioux Reservation and surrounding communities.

                          construction program

                     (including transfer of funds)

    For construction and rehabilitation of projects and parts thereof 
(including power transmission facilities for Bureau of Reclamation use) 
and for other related activities as authorized by law, $398,596,700, to 
remain available until expended, of which $23,410,000 shall be 
available for transfer to the Upper Colorado River Basin Fund 
authorized by section 5 of the Act of April 11, 1956 (43 U.S.C. 620d), 
and $58,325,700 shall be available for transfer to the Lower Colorado 
River Basin Development Fund authorized by section 403 of the Act of 
September 30, 1968 (43 U.S.C. 1543), and such amounts as may be 
necessary shall be considered as though advanced to the Colorado River 
Dam Fund for the Boulder Canyon Project as authorized by the Act of 
December 21, 1928, as amended, and that $12,500,000 shall be available 
for the Mid-Dakota Rural Water System: Provided, That of the total 
appropriated, the amount for program activities which can be financed 
by the reclamation fund shall be derived from that fund: Provided 
further, That transfers to the Upper Colorado River Basin Fund and 
Lower Colorado River Basin Development Fund may be increased or 
decreased by transfers within the overall appropriation under this 
heading: Provided further, That funds contributed by non-Federal 
entities for purposes similar to this appropriation shall be available 
for expenditure for the purposes for which contributed as though 
specifically appropriated for said purposes, and such funds shall 
remain available until expended: Provided further, That all costs of 
the safety of dams modification work at Coolidge Dam, San Carlos 
Irrigation Project, Arizona, performed under the authority of the 
Reclamation Safety of Dams Act of 1978 (43 U.S.C. 506), as amended, are 
in addition to the amount authorized in section 5 of said Act: Provided 
further, That section 301 of Public Law 102-250, Reclamation States 
Emergency Drought Relief Act of 1991, is amended by inserting ``1996, 
and 1997'' in lieu of ``and 1996'': Provided further, That the amount 
authorized by section 210 of Public Law 100-557 (102 Stat. 2791), is 
amended to $56,362,000 (October 1996 prices plus or minus cost 
indexing), and funds are authorized to be appropriated through the 
twelfth fiscal year after conservation funds are first made available: 
Provided further, That $1,500,000 shall be available for construction 
of McCall Wastewater Treatment, Idaho facility, and $1,000,000 shall be 
available for Devils Lake Desalination, North Dakota Project.

                       operation and maintenance

    For operation and maintenance of reclamation projects or parts 
thereof and other facilities, as authorized by law; and for a soil and 
moisture conservation program on lands under the jurisdiction of the 
Bureau of Reclamation, pursuant to law, $280,876,000, to remain 
available until expended: Provided, That of the total appropriated, the 
amount for program activities which can be financed by the reclamation 
fund shall be derived from that fund, and the amount for program 
activities which can be derived from the special fee account 
established pursuant to the Act of December 22, 1987 (16 U.S.C. 460l-
6a, as amended), may be derived from that fund: Provided further, That 
funds advanced by water users for operation and maintenance of 
reclamation projects or parts thereof shall be deposited to the credit 
of this appropriation and may be expended for the same purpose and in 
the same manner as sums appropriated herein may be expended, and such 
advances shall remain available until expended: Provided further, That 
revenues in the Upper Colorado River Basin Fund shall be available for 
performing examination of existing structures on participating projects 
of the Colorado River Storage Project.

               bureau of reclamation loan program account

    For the cost of direct loans and/or grants, $12,290,000, to remain 
available until expended, as authorized by the Small Reclamation 
Projects Act of August 6, 1956, as amended (43 U.S.C. 422a-422l): 
Provided, That such costs, including the cost of modifying such loans, 
shall be as defined in section 502 of the Congressional Budget Act of 
1974: Provided further, That these funds are available to subsidize 
gross obligations for the principal amount of direct loans not to 
exceed $37,000,000.
    In addition, for administrative expenses necessary to carry out the 
program for direct loans and/or grants, $425,000: Provided, That of the 
total sums appropriated, the amount of program activities which can be 
financed by the reclamation fund shall be derived from the fund.

                central valley project restoration fund

    For carrying out the programs, projects, plans, and habitat 
restoration, improvement, and acquisition provisions of the Central 
Valley Project Improvement Act, such sums as may be collected in the 
Central Valley Project Restoration Fund pursuant to sections 3407(d), 
3404(c)(3), 3405(f) and 3406(c)(1) of Public Law 102-575, to remain 
available until expended: Provided, That the Bureau of Reclamation is 
directed to levy additional mitigation and restoration payments 
totaling $30,000,000 (October 1992 price levels) on a three-year 
rolling average basis, as authorized by section 3407(d) of Public Law 
102-575.

                    general administrative expenses

    For necessary expenses of general administration and related 
functions in the office of the Commissioner, the Denver office, and 
offices in the five regions of the Bureau of Reclamation, to remain 
available until expended, $48,307,000, to be derived from the 
reclamation fund and to be nonreimbursable pursuant to the Act of April 
19, 1945 (43 U.S.C. 377): Provided, That no part of any other 
appropriation in this Act shall be available for activities or 
functions budgeted for the current fiscal year as general 
administrative expenses.

                             special funds

                          (transfer of funds)

    Sums herein referred to as being derived from the reclamation fund 
or special fee account are appropriated from the special funds in the 
Treasury created by the Act of June 17, 1902 (43 U.S.C. 391) or the Act 
of December 22, 1987 (16 U.S.C. 460l-6a, as amended), respectively. 
Such sums shall be transferred, upon request of the Secretary, to be 
merged with and expended under the heads herein specified.

                        administrative provision

    Appropriations for the Bureau of Reclamation shall be available for 
purchase of not to exceed 6 passenger motor vehicles for replacement 
only.

                               TITLE III

                          DEPARTMENT OF ENERGY

                            Energy Programs

           energy supply, research and development activities

    For expenses of the Department of Energy activities including the 
purchase, construction and acquisition of plant and capital equipment 
and other expenses necessary for energy supply, research and 
development activities in carrying out the purposes of the Department 
of Energy Organization Act (42 U.S.C. 7101, et seq.), including the 
acquisition or condemnation of any real property or any facility or for 
plant or facility acquisition, construction, or expansion; purchase of 
passenger motor vehicles (not to exceed 24 for replacement only), 
$2,764,043,000, to remain available until expended: Provided, That 
$5,000,000 shall be available for research into reducing the costs of 
converting saline water to fresh water.

                uranium supply and enrichment activities

    For expenses of the Department of Energy in connection with 
operating expenses; the purchase, construction, and acquisition of 
plant and capital equipment and other expenses necessary for uranium 
supply and enrichment activities in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101, et seq.) and the 
Energy Policy Act (Public Law 102-486, section 901), including the 
acquisition or condemnation of any real property or any facility or for 
plant or facility acquisition, construction, or expansion; purchase of 
electricity as necessary; and the purchase of passenger motor vehicles 
(not to exceed 3 for replacement only); $42,200,000, to remain 
available until expended: Provided, That revenues received by the 
Department for uranium programs and estimated to total $42,200,000 in 
fiscal year 1997 shall be retained and used for the specific purpose of 
offsetting costs incurred by the Department for such activities 
notwithstanding the provisions of 31 U.S.C. 3302(b) and 42 U.S.C. 
2296(b)(2): Provided further, That the sum herein appropriated shall be 
reduced as revenues are received during fiscal year 1997 so as to 
result in a final fiscal year 1997 appropriation from the General Fund 
estimated at not more than $0.
    Section 161k. of the Atomic Energy Act of 1954 (42 U.S.C. 2201k) 
with respect to the Paducah Gaseous Diffusion Plant, Kentucky, and the 
Portsmouth Gaseous Diffusion Plant, Ohio, the guidelines shall require, 
at a minimum, the presence of an adequate number of security guards 
carrying side arms at all times to ensure maintenance of security at 
the gaseous diffusion plants.
    Section 311(b) of the USEC Privatization Act (Public Law 104-134, 
title III, chapter 1, subchapter A) insert the following:
            ``(3) The Corporation shall pay to the Thrift Savings Fund 
        such employee and agency contributions as are required or 
        authorized by sections 8432 and 8351 of title 5, United States 
        Code, for employees who elect to retain their coverage under 
        CSRS or FERS pursuant to paragraph (1).''.

      uranium enrichment decontamination and decommissioning fund

    For necessary expenses in carrying out uranium enrichment facility 
decontamination and decommissioning, remedial actions and other 
activities of title II of the Atomic Energy Act of 1954 and title X, 
subtitle A of the Energy Policy Act of 1992, $205,200,000, to be 
derived from the Fund, to remain available until expended.

                general science and research activities

    For expenses of the Department of Energy activities including the 
purchase, construction and acquisition of plant and capital equipment 
and other expenses necessary for general science and research 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101, et seq.), including the acquisition 
or condemnation of any real property or facility or for plant or 
facility acquisition, construction, or expansion, $1,000,626,000, to 
remain available until expended.

                      nuclear waste disposal fund

    For nuclear waste disposal activities to carry out the purposes of 
Public Law 97-425, as amended, including the acquisition of real 
property or facility construction or expansion, $200,028,000, to remain 
available until expended, to be derived from the Nuclear Waste Fund: 
Provided, That no later than June 30, 1998, the Secretary shall provide 
to the President and to the Congress a viability assessment of the 
Yucca Mountain site. The viability assessment shall include:
            (1) the preliminary design concept for the critical 
        elements for the repository and waste package;
            (2) a total system performance assessment, based upon the 
        design concept and the scientific data and analysis available 
        by June 30, 1998, describing the probable behavior of the 
        repository in the Yucca Mountain geological setting relative to 
        the overall system performance standards;
            (3) a plan and cost estimate for the remaining work 
        required to complete a license application; and
            (4) an estimate of the costs to construct and operate the 
        repository in accordance with the design concept.

                      departmental administration

    For salaries and expenses of the Department of Energy necessary for 
Departmental Administration in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101, et seq.), 
including the hire of passenger motor vehicles and official reception 
and representation expenses (not to exceed $35,000), $218,017,000, to 
remain available until expended, plus such additional amounts as 
necessary to cover increases in the estimated amount of cost of work 
for others notwithstanding the provisions of the Anti-Deficiency Act 
(31 U.S.C. 1511, et seq.): Provided, That such increases in cost of 
work are offset by revenue increases of the same or greater amount, to 
remain available until expended: Provided further, That moneys received 
by the Department for miscellaneous revenues estimated to total 
$125,388,000 in fiscal year 1997 may be retained and used for operating 
expenses within this account, and may remain available until expended, 
as authorized by section 201 of Public Law 95-238, notwithstanding the 
provisions of 31 U.S.C. 3302: Provided further, That the sum herein 
appropriated shall be reduced by the amount of miscellaneous revenues 
received during fiscal year 1997 so as to result in a final fiscal year 
1997 appropriation from the General Fund estimated at not more than 
$92,629,000: Provided further, That funds made available by this Act 
for Departmental Administration may be used by the Secretary of Energy 
to offer employees voluntary separation incentives to meet staffing and 
budgetary reductions and restructuring needs through September 30, 1997 
consistent with plans approved by the Office of Management and Budget. 
The amount of each incentive shall be equal to the smaller of the 
employee's severance pay, or $20,000. Voluntary separation recipients 
who accept employement with the Federal Government, or enter into a 
personal services contract with the Federal Government within five 
years after separation shall repay the entire amount to the Department 
of Energy: Provided further, That in addition to any other payments 
which it is required to make under subchapter III of chapter 83 or 
chapter 84 of title 5, United States Code, the Department of Energy 
shall remit to the Office of Personnel Management for deposit in the 
Treasury of the United States to the credit of the Civil Service 
Retirement and Disability Fund an amount equal to 15 percent of the 
final basic pay of each employee who is covered under subchapter III of 
chapter 83 or chapter 84 of title 5 to whom a voluntary separation 
incentive has been paid under this paragraph.

                    office of the inspector general

    For necessary expenses of the Office of the Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $23,103,000, to remain available until expended.

                    atomic energy defense activities

                           weapons activities

    For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and other 
expenses necessary for atomic energy defense weapons activities in 
carrying out the purposes of the Department of Energy Organization Act 
(42 U.S.C. 7101, et seq.), including the acquisition or condemnation of 
any real property or any facility or for plant or facility acquisition, 
construction, or expansion; and the purchase of passenger motor 
vehicles (not to exceed 94 for replacement only), $3,988,602,000, to 
remain available until expended.

         defense environmental restoration and waste management

    For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and other 
expenses necessary for atomic energy defense environmental restoration 
and waste management activities in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101, et seq.), 
including the acquisition or condemnation of any real property or any 
facility or for plant or facility acquisition, construction, or 
expansion; and the purchase of passenger motor vehicles (not to exceed 
20, of which 19 are for replacement only), $5,605,210,000, to remain 
available until expended: Provided, That an additional amount of 
$182,000,000 is available for privatization initiatives: Provided 
further, That within available funds, up to $2,000,000 is provided for 
demonstration of stir-melter technology developed by the Department and 
previously intended to be used at the Savannah River Site. In carrying 
out this demonstration, the Department is directed to seek alternative 
use of this technology in order to maximize the investment already made 
in this technology.
    Of amounts appropriated for the Defense Environmental Restoration 
and Waste Management Technology Development Program, $5,000,000 shall 
be available for the electrometallurgical treatment of spent nuclear 
fuel at Argonne National Laboratory.

                        other defense activities

    For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and other 
expenses necessary for atomic energy defense, other defense activities, 
in carrying out the purposes of the Department of Energy Organization 
Act (42 U.S.C. 7101, et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, and the purchase of 
passenger motor vehicles (not to exceed 2 for replacement only), 
$1,606,833,000, to remain available until expended.

                     defense nuclear waste disposal

    For nuclear waste disposal activities to carry out the purposes of 
Public Law 97-425, as amended, including the acquisition of real 
property or facility construction or expansion, $200,000,000, to remain 
available until expended.

                    Power Marketing Administrations

         operation and maintenance, alaska power administration

    For necessary expenses of operation and maintenance of projects in 
Alaska and of marketing electric power and energy, $4,000,000, to 
remain available until expended.

                  bonneville power administration fund

    Expenditures from the Bonneville Power Administration Fund, 
established pursuant to Public Law 93-454, are approved for official 
reception and representation expenses in an amount not to exceed 
$3,000.
    During fiscal year 1997, no new direct loan obligations may be 
made.

      operation and maintenance, southeastern power administration

    For necessary expenses of operation and maintenance of power 
transmission facilities and of marketing electric power and energy 
pursuant to the provisions of section 5 of the Flood Control Act of 
1944 (16 U.S.C. 825s), as applied to the southeastern power area, 
$13,859,000, to remain available until expended.

      operation and maintenance, southwestern power administration

    For necessary expenses of operation and maintenance of power 
transmission facilities and of marketing electric power and energy, and 
for construction and acquisition of transmission lines, substations and 
appurtenant facilities, and for administrative expenses, including 
official reception and representation expenses in an amount not to 
exceed $1,500 in carrying out the provisions of section 5 of the Flood 
Control Act of 1944 (16 U.S.C. 825s), as applied to the southwestern 
power area, $25,210,000, to remain available until expended; in 
addition, notwithstanding the provisions of 31 U.S.C. 3302, not to 
exceed $3,787,000 in reimbursements, to remain available until 
expended.

 construction, rehabilitation, operation and maintenance, western area 
                          power administration

                     (including transfer of funds)

    For carrying out the functions authorized by title III, section 
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7101, et seq.), 
and other related activities including conservation and renewable 
resources programs as authorized, including official reception and 
representation expenses in an amount not to exceed $1,500, 
$201,582,000, to remain available until expended, of which $172,378,000 
shall be derived from the Department of the Interior Reclamation Fund: 
Provided, That of the amount herein appropriated, $5,432,000 is for 
deposit into the Utah Reclamation Mitigation and Conservation Account 
pursuant to title IV of the Reclamation Projects Authorization and 
Adjustment Act of 1992: Provided further, That the Secretary of the 
Treasury is authorized to transfer from the Colorado River Dam Fund to 
the Western Area Power Administration $3,774,000 to carry out the power 
marketing and transmission activities of the Boulder Canyon project as 
provided in section 104(a)(4) of the Hoover Power Plant Act of 1984, to 
remain available until expended.

           falcon and amistad operating and maintenance fund

    For operation, maintenance, and emergency costs for the 
hydroelectric facilities at the Falcon and Amistad Dams, $970,000, to 
remain available until expended, and to be derived from the Falcon and 
Amistad Operating and Maintenance Fund of the Western Area Power 
Administration, as provided in section 423 of the Foreign Relations 
Authorization Act, fiscal years 1994 and 1995.

                  Federal Energy Regulatory Commission

                         salaries and expenses

    For necessary expenses of the Federal Energy Regulatory Commission 
to carry out the provisions of the Department of Energy Organization 
Act (42 U.S.C. 7101, et seq.), including services as authorized by 5 
U.S.C. 3109, the hire of passenger motor vehicles, and official 
reception and representation expenses (not to exceed $3,000), 
$146,290,000, to remain available until expended: Provided, That 
notwithstanding any other provision of law, not to exceed $146,290,000 
of revenues from fees and annual charges, and other services and 
collections in fiscal year 1997 shall be retained and used for 
necessary expenses in this account, and shall remain available until 
expended: Provided further, That the sum herein appropriated shall be 
reduced as revenues are received during fiscal year 1997 so as to 
result in a final fiscal year 1997 appropriation from the General Fund 
estimated at not more than $0.

                                TITLE IV

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

    For expenses necessary to carry out the programs authorized by the 
Appalachian Regional Development Act of 1965, as amended, 
notwithstanding section 405 of said Act, and for necessary expenses for 
the Federal Co-Chairman and the alternate on the Appalachian Regional 
Commission and for payment of the Federal share of the administrative 
expenses of the Commission, including services as authorized by 5 
U.S.C. 3109, and hire of passenger motor vehicles, $165,000,000, to 
remain available until expended.

                Defense Nuclear Facilities Safety Board

                         salaries and expenses

    For necessary expenses of the Defense Nuclear Facilities Safety 
Board in carrying out activities authorized by the Atomic Energy Act of 
1954, as amended by Public Law 100-456, section 1441, $17,000,000, to 
remain available until expended.

                    Delaware River Basin Commission

            contribution to delaware river basin commission

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

                         salaries and expenses

    For expenses necessary to carry out the functions of the United 
States member of the Delaware River Basin Commission, as authorized by 
law (75 Stat. 716), $342,000.

            Interstate Commission on the Potomac River Basin

    contribution to interstate commission on the potomac river basin

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

                     Nuclear Regulatory Commission

                         salaries and expenses

                     (including transfer of funds)

    For necessary expenses of the Commission in carrying out the 
purposes of the Energy Reorganization Act of 1974, as amended, and the 
Atomic Energy Act of 1954, as amended, including the employment of 
aliens; services authorized by 5 U.S.C. 3109; publication and 
dissemination of atomic information; purchase, repair, and cleaning of 
uniforms; official representation expenses (not to exceed $20,000); 
reimbursements to the General Services Administration for security 
guard services; hire of passenger motor vehicles and aircraft, 
$471,800,000, to remain available until expended: Provided, That of the 
amount appropriated herein, $11,000,000 shall be derived from the 
Nuclear Waste Fund, subject to the authorization required in this bill 
under the heading, ``Nuclear Waste Disposal Fund'': Provided further, 
That from this appropriation, transfer of sums may be made to other 
agencies of the Government for the performance of the work for which 
this appropriation is made, and in such cases the sums so transferred 
may be merged with the appropriation to which transferred: Provided 
further, That moneys received by the Commission for the cooperative 
nuclear safety research program, services rendered to foreign 
governments and international organizations, and the material and 
information access authorization programs, including criminal history 
checks under section 149 of the Atomic Energy Act may be retained and 
used for salaries and expenses associated with those activities, 
notwithstanding 31 U.S.C. 3302, and shall remain available until 
expended: Provided further, That revenues from licensing fees, 
inspection services, and other services and collections estimated at 
$457,300,000 in fiscal year 1997 shall be retained and used for 
necessary salaries and expenses in this account, notwithstanding 31 
U.S.C. 3302, and shall remain available until expended: Provided 
further, That the funds herein appropriated for regulatory reviews and 
other activities pertaining to waste stored at the Hanford site, 
Washington, shall be excluded from license fee revenues, 
notwithstanding 42 U.S.C. 2214: Provided further, That the sum herein 
appropriated shall be reduced by the amount of revenues received during 
fiscal year 1997 from licensing fees, inspection services and other 
services and collections, excluding those moneys received for the 
cooperative nuclear safety research program, services rendered to 
foreign governments and international organizations, and the material 
and information access authorization programs, so as to result in a 
final fiscal year 1997 appropriation estimated at not more than 
$14,500,000.

                      Office of Inspector General

                     (including transfer of funds)

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, including services authorized by 5 U.S.C. 3109, $5,000,000, to 
remain available until expended; and in addition, an amount not to 
exceed 5 percent of this sum may be transferred from Salaries and 
Expenses, Nuclear Regulatory Commission: Provided, That notice of such 
transfers shall be given to the Committees on Appropriations of the 
House and Senate: Provided further, That from this appropriation, 
transfers of sums may be made to other agencies of the Government for 
the performance of the work for which this appropriation is made, and 
in such cases the sums so transferred may be merged with the 
appropriation to which transferred: Provided further, That revenues 
from licensing fees, inspection services, and other services and 
collections shall be retained and used for necessary salaries and 
expenses in this account, notwithstanding 31 U.S.C. 3302, and shall 
remain available until expended: Provided further, That the sum herein 
appropriated shall be reduced by the amount of revenues received during 
fiscal year 1997 from licensing fees, inspection services, and other 
services and collections, so as to result in a final fiscal year 1997 
appropriation estimated at not more than $0.

                  Nuclear Waste Technical Review Board

                         salaries and expenses

    For necessary expenses of the Nuclear Waste Technical Review Board, 
as authorized by Public Law 100-203, section 5051, $2,531,000, to be 
transferred from the Nuclear Waste Fund and to remain available until 
expended.

                   Susquehanna River Basin Commission

           contribution to susquehanna river basin commission

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

                         salaries and expenses

    For expenses necessary to carry out the functions of the United 
States member of the Susquehanna River Basin Commission as authorized 
by law (84 Stat. 1541), $322,000.

                       Tennessee Valley Authority

    For the purpose of carrying out the provisions of the Tennessee 
Valley Authority Act of 1933, as amended (16 U.S.C. ch. 12A), including 
hire, maintenance, and operation of aircraft, and purchase and hire of 
passenger motor vehicles, $113,000,000, to remain available until 
expended: Provided, That of the funds provided herein, not more than 
$20,000,000 shall be made available for the Environmental Research 
Center in Muscle Shoals, Alabama: Provided further, That of the funds 
provided herein, not more than $8,000,000 shall be made available for 
operation, maintenance, improvement, and surveillance of Land Between 
the Lakes: Provided further, That of the amount provided herein, not 
more than $9,000,000 shall be available for Economic Development 
activities: Provided further, That none of the funds provided herein, 
shall be available for detailed engineering and design or constructing 
a replacement for Chickamauga Lock and Dam on the Tennessee River 
System.

                                TITLE V

                           GENERAL PROVISIONS

  Sec. 501. (a) Purchase of American-Made Equipment and Products.--It 
is the sense of the Congress that, to the greatest extent practicable, 
all equipment and products purchased with funds made available in this 
Act should be American-made.
  (b) Notice Requirement.--In providing financial assistance to, or 
entering into any contract with, any entity using funds made available 
in this Act, the head of each Federal agency, to the greatest extent 
practicable, shall provide to such entity a notice describing the 
statement made in subsection (a) by the Congress.
    Sec. 502. The Secretary of the Interior shall extend the 
construction repayment and water service contracts for the following 
projects, entered into by the Secretary of the Interior under 
subsections (d) and (e) of section 9 of the Reclamation Project Act of 
1939 (43 U.S.C. 485h) and section 9(c) of the Act of December 22, 1944 
(58 Stat. 891, chapter 665), for a period of 1 additional year after 
the dates on which each of the contracts, respectively, would expire 
but for this section:
            (1) The Bostwick District (Kansas portion), Missouri River 
        Basin Project, consisting of the project constructed and 
        operated under the Act of December 22, 1944 (58 Stat. 887, 
        chapter 665), as a component of the Pick-Sloan Missouri Basin 
        Program, situated in Republic County, Jewell County, and Cloud 
        County, Kansas.
            (2) The Bostwick District (Nebraska portion), Missouri 
        River Basin Project, consisting of the project constructed and 
        operated under the Act of December 22, 1944 (58 Stat. 887, 
        chapter 665), as a component of the Pick-Sloan Missouri Basin 
        Program, situated in Harlan County, Franklin County, Webster 
        County, and Nuckolls County, Nebraska.
            (3) The Frenchman-Cambridge District, Missouri River Basin 
        Project, consisting of the project constructed and operated 
        under the Act of December 22, 1944 (58 Stat. 887, chapter 665), 
        as a component of the Pick-Sloan Missouri Basin Program, 
        situated in Chase County, Frontier County, Hitchcock County, 
        Furnas County, and Harlan County, Nebraska.
    Sec. 503. Notwithstanding the provisions of 31 U.S.C., funds made 
available by this Act to the Department of Energy shall be available 
only for the purposes for which they have been made available by this 
Act. The Department of Energy shall report monthly to the Committees on 
Appropriations of the House and Senate on the Department of Energy's 
adherence to the recommendations included in the accompanying report.
    Sec. 504. Following section 4(g)(3) of the Northwest Power Planning 
and Conservation Act, insert the following new section:
    ``(4)(g)(4) Independent scientific review panel.--(i) The Northwest 
Power Planning Council (Council) shall appoint an Independent 
Scientific Review Panel (Panel), which shall be comprised of eleven 
members, to review projects proposed to be funded through that portion 
of the Bonneville Power Administration's (BPA) annual fish and wildlife 
budget that implements the Council's annual fish and wildlife program. 
Members shall be appointed from a list submitted by the National 
Academy of Sciences: Provided, That Pacific Northwest scientists with 
expertise in Columbia River anadromous and non-anadromous fish and 
wildlife and ocean experts shall be among those represented on the 
Panel.
    ``(ii) Scientific peer review groups.--The Council shall establish 
Scientific Peer Review Groups (Peer Review Groups), which shall be 
comprised of the appropriate number of scientists, from a list 
submitted by the National Academy of Sciences to assist the Panel in 
making its recommendations to the Council for projects to be funded 
through BPA's annual fish and wildlife budget: Provided, That Pacific 
Northwest scientists with expertise in Columbia River anadromous and 
non-anadromous fish and wildlife and ocean experts shall be among those 
represented on the Peer Review Groups.
    ``(iii) Conflict of interest and compensation.--Panel and Peer 
Review Group members may be compensated and shall be considered as 
special government employees subject to 45 CFR 684.10 through 684.22.
    ``(iv) Project criteria and review.--The Peer Review Groups, in 
conjunction with the Panel, shall review projects proposed to be funded 
through BPA's annual fish and wildlife budget and make recommendations 
on matters related to such projects, to the Council. Project 
recommendations shall be based on a determination that projects are 
based on sound science principles; benefit fish and wildlife; and have 
a clearly defined objective and outcome with provisions for monitoring 
and evaluation of results. The Panel, with assistance from the Peer 
Review Groups, shall review, on an annual basis, the results of prior 
year expenditures based upon these criteria and submit its findings to 
the Council for its review.
    ``(v) Public review.--Upon completion of the review of projects to 
be funded through BPA's annual fish and wildlife budget, the Peer 
Review Groups shall submit their findings to the Panel. The Panel shall 
analyze the information submitted by the Peer Review Groups and submit 
recommendations on project priorities to the Council. The Council shall 
make the Panel's findings available to the public and subject to public 
comment.
    ``(vi) Responsibilities of the council.--The Council shall fully 
consider the recommendations of the Panel when making its final 
recommendations of projects to be funded through BPA's annual fish and 
wildlife budget, and if the Council does not incorporate a 
recommendation of the Panel, the Council shall explain in writing its 
reasons for not accepting Panel recommendations. In making its 
recommendations to BPA, the Council shall: consider the impact of ocean 
conditions on fish and wildlife populations; and shall determine 
whether the projects employ cost effective measures to achieve project 
objectives. The Council, after consideration of the recommendations of 
the Panel and other appropriate entities shall be responsible for 
making the final recommendations of projects to be funded through BPA's 
annual fish and wildlife budget.
    ``(vii) Cost limitation.--The cost of this provision shall not 
exceed $2,000,000 in 1997 dollars.
    ``(viii) Expiration.--This paragraph shall expire on September 30, 
2000.''.

SEC. 505. OPPORTUNITY FOR REVIEW AND COMMENT BY STATE OF OREGON ON 
              CERTAIN REMEDIAL ACTIONS AT HANFORD RESERVATION, 
              WASHINGTON.

    (a) Opportunity.--(1) Subject to subsection (b), the Site Manager 
at the Hanford Reservation, Washington, shall, in consultation with the 
signatories to the Tri-Party Agreement, provide the State of Oregon an 
opportunity to review and comment upon any information the Site Manager 
provides the State of Washington under the Hanford Tri-Party Agreement 
if the agreement provides for the review and comment upon such 
information by the State of Washington.
    (2) In order to facilitate the review and comment of the State of 
Oregon under paragraph (1), the Site Manager shall provide information 
referred to in that paragraph to the State of Oregon at the same time, 
or as soon thereafter as is practicable, that the Site Manager provides 
such information to the State of Washington.
    (b) Construction.--This section may not be construed--
            (1) to require the Site Manager to provide the State of 
        Oregon sensitive information on enforcement under the Tri-Party 
        Agreement or information on the negotiation, dispute 
        resolution, or State cost recovery provisions of the agreement;
            (2) to require the Site Manager to provide confidential 
        information on the budget or procurement at Hanford under terms 
        other than those provided in the Tri-Party Agreement for the 
        transmission of such confidential information to the State of 
        Washington;
            (3) to authorize the State of Oregon to participate in 
        enforcement actions, dispute resolution, or negotiation 
        actions, conducted under the provisions of the Tri-Party 
        Agreement;
            (4) to authorize any delay in the implementation of 
        remedial, environmental management, or other programmatic 
        activities at Hanford; or
            (5) to obligate the Department of Energy to provide 
        additional funds to the State of Oregon.''.

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

    It is the Sense of the Senate that--
            (1) the State of Oregon has the authority to enter into a 
        memorandum of understanding with the State of Washington, or a 
        memorandum of understanding with the State of Washington and 
        the Site Manager of the Hanford Reservation, Washington, in 
        order to address issues of mutual concern to such States 
        regarding the Hanford Reservation; and
            (2) such agreements are not expected to create any 
        additional obligation of the Department of Energy to provide 
        funds to the State of Oregon.

SEC. 507. CORPUS CHRISTI EMERGENCY DROUGHT RELIEF.

    For the purpose of providing emergency drought relief, the 
Secretary of the Interior shall defer all principal and interest 
payments without penalty or accrued interest for a period of one year 
for the city of Corpus Christi, Texas, and the Nueces River Authority 
under contract No. 6-07-01-X0675 involving the Nueces River Reclamation 
Project, Texas.

SEC. 508. CANADIAN RIVER MUNICIPAL WATER AUTHORITY EMERGENCY DROUGHT 
              RELIEF.

    The Secretary shall defer all principal and interest payments 
without penalty or accrued interest for a period of one year for the 
Canadian River Municipal Water Authority under contract No. 14-06-500-
485 as emergency drought relief to enable construction of additional 
water supply and conveyance facilities.

SEC. 509. INTERSTATE TRANSPORTATION OF MUNICIPAL SOLID WASTE.

    (a) Interstate Waste.--
            (1) Interstate transportation of municipal solid waste.--
                    (A) Amendment.--Subtitle D of the Solid Waste 
                Disposal Act (42 U.S.C. 6941 et seq.) is amended by 
                adding at the end the following new section:

``SEC. 4011. INTERSTATE TRANSPORTATION OF MUNICIPAL SOLID WASTE.

    ``(a) Authority To Restrict Out-of-State Municipal Solid Waste.--
(1) Except as provided in paragraph (4), immediately upon the date of 
enactment of this section if requested in writing by an affected local 
government, a Governor may prohibit the disposal of out-of-State 
municipal solid waste in any landfill or incinerator that is not 
covered by the exceptions provided in subsection (b) and that is 
subject to the jurisdiction of the Governor and the affected local 
government.
    ``(2) Except as provided in paragraph (4), immediately upon the 
date of publication of the list required in paragraph (6)(C) and 
notwithstanding the absence of a request in writing by the affected 
local government, a Governor, in accordance with paragraph (5), may 
limit the quantity of out-of-State municipal solid waste received for 
disposal at each landfill or incinerator covered by the exceptions 
provided in subsection (b) that is subject to the jurisdiction of the 
Governor, to an annual amount equal to or greater than the quantity of 
out-of-State municipal solid waste received for disposal at such 
landfill or incinerator during calendar year 1993.
    ``(3)(A) Except as provided in paragraph (4), any State that 
imported more than 750,000 tons of out-of-State municipal solid waste 
in 1993 may establish a limit under this paragraph on the amount of 
out-of-State municipal solid waste received for disposal at landfills 
and incinerators in the importing State as follows:
            ``(i) In calendar year 1996, 95 percent of the amount 
        exported to the State in calendar year 1993.
            ``(ii) In calendar years 1997 through 2002, 95 percent of 
        the amount exported to the State in the previous year.
            ``(iii) In calendar year 2003, and each succeeding year, 
        the limit shall be 65 percent of the amount exported in 1993.
            ``(iv) No exporting State shall be required under this 
        subparagraph to reduce its exports to any importing State below 
        the proportionate amount established herein.
    ``(B)(i) No State may export to landfills or incinerators in any 1 
State that are not covered by host community agreements or permits 
authorizing receipt of out-of-State municipal solid waste more than the 
following amounts of municipal solid waste:
            ``(I) In calendar year 1996, the greater of 1,400,000 tons 
        or 90 percent of the amount exported to the State in calendar 
        year 1993.
            ``(II) In calendar year 1997, the greater of 1,300,000 tons 
        or 90 percent of the amount exported to the State in calendar 
        year 1996.
            ``(III) In calendar year 1998, the greater of 1,200,000 
        tons or 90 percent of the amount exported to the State in 
        calendar year 1997.
            ``(IV) In calendar year 1999, the greater of 1,100,000 tons 
        or 90 percent of the amount exported to the State in calendar 
        year 1998.
            ``(V) In calendar year 2000, 1,000,000 tons.
            ``(VI) In calendar year 2001, 750,000 tons.
            ``(VII) In calendar year 2002 or any calendar year 
        thereafter, 550,000 tons.
    ``(ii) The Governor of an importing State may take action to 
restrict levels of imports to reflect the appropriate level of out-of-
State municipal solid waste imports if--
            ``(I) the Governor of the importing State has notified the 
        Governor of the exporting State and the Administrator, 12 
        months prior to taking any such action, of the importing 
        State's intention to impose the requirements of this section;
            ``(II) the Governor of the importing State has notified the 
        Governor of the exporting State and the Administrator of the 
        violation by the exporting State of this section at least 90 
        days prior to taking any such action; and
            ``(III) the restrictions imposed by the Governor of the 
        importing State are uniform at all facilities and the Governor 
        of the importing State may only apply subparagraph (A) or (B) 
        but not both.
    ``(C) The authority provided by subparagraphs (A) and (B) shall 
apply for as long as a State exceeds the permissible levels as 
determined by the Administrator under paragraph (6)(C).
    ``(4)(A) A Governor may not exercise the authority granted under 
this section if such action would result in the violation of, or would 
otherwise be inconsistent with, the terms of a host community agreement 
or a permit issued from the State to receive out-of-State municipal 
solid waste.
    ``(B) Except as provided in paragraph (3), a Governor may not 
exercise the authority granted under this section in a manner that 
would require any owner or operator of a landfill or incinerator 
covered by the exceptions provided in subsection (b) to reduce the 
amount of out-of-State municipal solid waste received from any State 
for disposal at such landfill or incinerator to an annual quantity less 
than the amount received from such State for disposal at such landfill 
or incinerator during calendar year 1993.
    ``(5) Any limitation imposed by a Governor under paragraph (2) or 
(3)--
            ``(A) shall be applicable throughout the State;
            ``(B) shall not directly or indirectly discriminate against 
        any particular landfill or incinerator within the State; and
            ``(C) shall not directly or indirectly discriminate against 
        any shipments of out-of-State municipal solid waste on the 
        basis of place of origin and all such limitations shall be 
        applied to all States in violation of paragraph (3).
    ``(6) Annual state report.--
            ``(A) In general.--Within 90 days after enactment of this 
        section and on April 1 of each year thereafter the owner or 
        operator of each landfill or incinerator receiving out-of-State 
        municipal solid waste shall submit to the affected local 
        government and to the Governor of the State in which the 
        landfill or incinerator is located, information specifying the 
        amount and State of origin of out-of-State municipal solid 
        waste received for disposal during the preceding calendar year, 
        and the amount of waste that was received pursuant to host 
        community agreements or permits authorizing receipt of out-of-
        State municipal solid waste. Within 120 days after enactment of 
        this section and on May 1 of each year thereafter each State 
        shall publish and make available to the Administrator, the 
        Governor of the State of origin and the public, a report 
        containing information on the amount of out-of-State municipal 
        solid waste received for disposal in the State during the 
        preceding calendar year.
            ``(B) Contents.--Each submission referred to in this 
        section shall be such as would result in criminal penalties in 
        case of false or misleading information. Such information shall 
        include the amount of waste received, the State of origin, the 
        identity of the generator, the date of the shipment, and the 
        type of out-of-State municipal solid waste. States making 
        submissions referred to in this section to the Administrator 
        shall notice these submissions for public review and comment at 
        the State level before submitting them to the Administrator.
            ``(C) List.--The Administrator shall publish a list of 
        importing States and the out-of-State municipal solid waste 
        received from each State at landfills or incinerators not 
        covered by host community agreements or permits authorizing 
        receipt of out-of-State municipal solid waste. The list for any 
        calendar year shall be published by June 1 of the following 
        calendar year.
For purposes of developing the list required in this section, the 
Administrator shall be responsible for collating and publishing only 
that information provided to the Administrator by States pursuant to 
this section. The Administrator shall not be required to gather 
additional data over and above that provided by the States pursuant to 
this section, nor to verify data provided by the States pursuant to 
this section, nor to arbitrate or otherwise entertain or resolve 
disputes between States or other parties concerning interstate 
movements of municipal solid waste. Any actions by the Administrator 
under this section shall be final and not subject to judicial review.
            ``(D) Savings provision.--Nothing in this subsection shall 
        be construed to preempt any State requirement that requires 
        more frequent reporting of information.
    ``(7) Any affected local government that intends to submit a 
request under paragraph (1) or take formal action to enter into a host 
community agreement after the date of enactment of this subsection 
shall, prior to taking such action--
            ``(A) notify the Governor, contiguous local governments, 
        and any contiguous Indian tribes;
            ``(B) publish notice of the action in a newspaper of 
        general circulation at least 30 days before taking such action;
            ``(C) provide an opportunity for public comment; and
            ``(D) following notice and comment, take formal action on 
        any proposed request or action at a public meeting.
    ``(8) Any owner or operator seeking a host community agreement 
after the date of enactment of this subsection shall provide to the 
affected local government the following information, which shall be 
made available to the public from the affected local government:
            ``(A) A brief description of the planned facility, 
        including a description of the facility size, ultimate waste 
        capacity, and anticipated monthly and yearly waste quantities 
        to be handled.
            ``(B) A map of the facility site that indicates the 
        location of the facility in relation to the local road system 
        and topographical and hydrological features and any buffer 
        zones and facility units to be acquired by the owner or 
        operator of the facility.
            ``(C) A description of the existing environmental 
        conditions at the site, and any violations of applicable laws 
        or regulations.
            ``(D) A description of environmental controls to be 
        utilized at the facility.
            ``(E) A description of the site access controls to be 
        employed, and roadway improvements to be made, by the owner or 
        operator, and an estimate of the timing and extent of increased 
        local truck traffic.
            ``(F) A list of all required Federal, State, and local 
        permits.
            ``(G) Any information that is required by State or Federal 
        law to be provided with respect to any violations of 
        environmental laws (including regulations) by the owner and 
        operator, the disposition of enforcement proceedings taken with 
        respect to the violations, and corrective measures taken as a 
        result of the proceedings.
            ``(H) Any information that is required by State or Federal 
        law to be provided with respect to compliance by the owner or 
        operator with the State solid waste management plan.
    ``(b) Exceptions to Authority To Prohibit Out-of-State Municipal 
Solid Waste.--(1) The authority to prohibit the disposal of out-of-
State municipal solid waste provided under subsection (a)(1) shall not 
apply to landfills and incinerators in operation on the date of 
enactment of this section that--
            ``(A) received during calendar year 1993 documented 
        shipments of out-of-State municipal solid waste; and
            ``(B)(i) in the case of landfills, are in compliance with 
        all applicable Federal and State laws and regulations relating 
        to operation, design and location standards, leachate 
        collection, ground water monitoring, and financial assurance 
        for closure and post-closure and corrective action; or
            ``(ii) in the case of incinerators, are in compliance with 
        the applicable requirements of section 129 of the Clean Air Act 
        (42 U.S.C. 7429) and applicable State laws and regulations 
        relating to facility design and operations.
    ``(2) A Governor may not prohibit the disposal of out-of-State 
municipal solid waste pursuant to subsection (a)(1) at facilities 
described in this subsection that are not in compliance with applicable 
Federal and State laws and regulations unless disposal of municipal 
solid waste generated within the State at such facilities is also 
prohibited.
    ``(c) Additional Authority To Limit Out-of-State Municipal Solid 
Waste.--(1) In any case in which an affected local government is 
considering entering into, or has entered into, a host community 
agreement and the disposal or incineration of out-of-State municipal 
solid waste under such agreement would preclude the use of municipal 
solid waste management capacity described in paragraph (2), the 
Governor of the State in which the affected local government is located 
may prohibit the execution of such host community agreement with 
respect to that capacity.
    ``(2) The municipal solid waste management capacity referred to in 
paragraph (1) is that capacity--
            ``(A) that is permitted under Federal or State law;
            ``(B) that is identified under the State plan; and
            ``(C) for which a legally binding commitment between the 
        owner or operator and another party has been made for its use 
        for disposal or incineration of municipal solid waste generated 
        within the region (identified under section 4006(a)) in which 
        the local government is located.
    ``(d) Cost Recovery Surcharge.--
            ``(1) Authority.--A State described in paragraph (2) may 
        adopt a law and impose and collect a cost recovery charge on 
        the processing or disposal of out-of-State municipal solid 
        waste in the State in accordance with this subsection.
            ``(2) Applicability.--The authority to impose a cost 
        recovery surcharge under this subsection applies to any State 
        that on or before April 3, 1994, imposed and collected a 
        special fee on the processing or disposal of out-of-State 
        municipal solid waste pursuant to a State law.
            ``(3) Limitation.--No such State may impose or collect a 
        cost recovery surcharge from a facility on any out-of-State 
        municipal solid waste that is being received at the facility 
        under 1 or more contracts entered into after April 3, 1994, and 
        before the date of enactment of this section.
            ``(4) Amount of surcharge.--The amount of the cost recovery 
        surcharge may be no greater than the amount necessary to 
        recover those costs determined in conformance with paragraph 
        (6) and in no event may exceed $1.00 per ton of waste.
            ``(5) Use of surcharge collected.--All cost recovery 
        surcharges collected by a State covered by this subsection 
        shall be used to fund those solid waste management programs 
        administered by the State or its political subdivision that 
        incur costs for which the surcharge is collected.
            ``(6) Conditions.--(A) Subject to subparagraphs (B) and 
        (C), a State covered by this subsection may impose and collect 
        a cost recovery surcharge on the processing or disposal within 
        the State of out-of-State municipal solid waste if--
                    ``(i) the State demonstrates a cost to the State 
                arising from the processing or disposal within the 
                State of a volume of municipal solid waste from a 
                source outside the State;
                    ``(ii) the surcharge is based on those costs to the 
                State demonstrated under clause (i) that, if not paid 
                for through the surcharge, would otherwise have to be 
                paid or subsidized by the State; and
                    ``(iii) the surcharge is compensatory and is not 
                discriminatory.
            ``(B) In no event shall a cost recovery surcharge be 
        imposed by a State to the extent that the cost for which 
        recovery is sought is otherwise paid, recovered, or offset by 
        any other fee or tax paid to the State or its political 
        subdivision or to the extent that the amount of the surcharge 
        is offset by voluntarily agreed payments to a State or its 
        political subdivision in connection with the generation, 
        transportation, treatment, processing, or disposal of solid 
        waste.
            ``(C) The grant of a subsidy by a State with respect to 
        entities disposing of waste generated within the State does not 
        constitute discrimination for purposes of subparagraph 
        (A)(iii).
            ``(7) Definitions.--As used in this subsection:
                    ``(A) The term `costs' means the costs incurred by 
                the State for the implementation of its laws governing 
                the processing or disposal of municipal solid waste, 
                limited to the issuance of new permits and renewal of 
                or modification of permits, inspection and compliance 
                monitoring, enforcement, and costs associated with 
                technical assistance, data management, and collection 
                of fees.
                    ``(B) The term `processing' means any activity to 
                reduce the volume of solid waste or alter its chemical, 
                biological or physical state, through processes such as 
                thermal treatment, bailing, composting, crushing, 
                shredding, separation, or compaction.
    ``(e) Savings Clause.--Nothing in this section shall be interpreted 
or construed--
            ``(1) to have any effect on State law relating to 
        contracts; or
            ``(2) to affect the authority of any State or local 
        government to protect public health and the environment through 
        laws, regulations, and permits, including the authority to 
        limit the total amount of municipal solid waste that landfill 
        or incinerator owners or operators within the jurisdiction of a 
        State may accept during a prescribed period: Provided That such 
        limitations do not discriminate between in-State and out-of-
        State municipal solid waste, except to the extent authorized by 
        this section.
    ``(f) Definitions.--As used in this section:
            ``(1)(A) The term `affected local government', used with 
        respect to a landfill or incinerator, means--
                    ``(i) the public body created by State law with 
                responsibility to plan for municipal solid waste 
                management, a majority of the members of which are 
                elected officials, for the area in which the facility 
                is located or proposed to be located; or
                    ``(ii) the elected officials of the city, town, 
                township, borough, county, or parish exercising primary 
                responsibility over municipal solid waste management or 
                the use of land in the jurisdiction in which the 
                facility is located or is proposed to be located.
            ``(B)(i) Within 90 days after the date of enactment of this 
        section, a Governor may designate and publish notice of which 
        entity listed in clause (i) or (ii) of subparagraph (A) shall 
        serve as the affected local government for actions taken under 
        this section and after publication of such notice.
            ``(ii) If a Governor fails to make and publish notice of 
        such a designation, the affected local government shall be the 
        elected officials of the city, town, township, borough, county, 
        parish, or other public body created pursuant to State law with 
        primary jurisdiction over the land or the use of land on which 
        the facility is located or is proposed to be located.
            ``(C) For purposes of host community agreements entered 
        into before the date of publication of the notice, the term 
        means either a public body described in subparagraph (A)(i) or 
        the elected officials of any of the public bodies described in 
        subparagraph (A)(ii).
            ``(2) Host community agreement.--The term `host community 
        agreement' means a written, legally binding document or 
        documents executed by duly authorized officials of the affected 
        local government that specifically authorizes a landfill or 
        incinerator to receive municipal solid waste generated out of 
        State, but does not include any agreement to pay host community 
        fees for receipt of waste unless additional express 
        authorization to receive out-of-State waste is also included.
            ``(3) The term `out-of-State municipal solid waste' means, 
        with respect to any State, municipal solid waste generated 
        outside of the State. Unless the President determines it is 
        inconsistent with the North American Free Trade Agreement and 
        the General Agreement on Tariffs and Trade, the term shall 
        include municipal solid waste generated outside of the United 
        States. Notwithstanding any other provision of law, generators 
        of municipal solid waste outside the United States shall 
        possess no greater right of access to disposal facilities in a 
        State than United States generators of municipal solid waste 
        outside of that State.
            ``(4) The term `municipal solid waste' means refuse (and 
        refuse-derived fuel) generated by the general public or from a 
        residential, commercial, institutional, or industrial source 
        (or any combination thereof), consisting of paper, wood, yard 
        wastes, plastics, leather, rubber, or other combustible or 
        noncombustible materials such as metal or glass (or any 
        combination thereof). The term `municipal solid waste' does not 
        include--
                    ``(A) any solid waste identified or listed as a 
                hazardous waste under section 3001;
                    ``(B) any solid waste, including contaminated soil 
                and debris, resulting from a response action taken 
                under section 104 or 106 of the Comprehensive 
                Environmental Response, Compensation, and Liability Act 
                of 1980 (42 U.S.C. 9604 or 9606) or a corrective action 
                taken under this Act;
                    ``(C) any metal, pipe, glass, plastic, paper, 
                textile, or other material that has been separated or 
                diverted from municipal solid waste (as otherwise 
                defined in this paragraph) and has been transported 
                into a State for the purpose of recycling or 
                reclamation;
                    ``(D) any solid waste that is--
                            ``(i) generated by an industrial facility; 
                        and
                            ``(ii) transported for the purpose of 
                        treatment, storage, or disposal to a facility 
                        that is owned or operated by the generator of 
                        the waste, or is located on property owned by 
                        the generator of the waste, or is located on 
                        property owned by a company in which the 
                        generator of the waste has an ownership 
                        interest;
                    ``(E) any solid waste generated incident to the 
                provision of service in interstate, intrastate, 
                foreign, or overseas air transportation;
                    ``(F) any industrial waste that is not identical to 
                municipal solid waste (as otherwise defined in this 
                paragraph) with respect to the physical and chemical 
                state of the industrial waste, and composition, 
                including construction and demolition debris;
                    ``(G) any medical waste that is segregated from or 
                not mixed with municipal solid waste (as otherwise 
                defined in this paragraph); or
                    ``(H) any material or product returned from a 
                dispenser or distributor to the manufacturer for 
                credit, evaluation, or possible reuse.
            ``(5) The term `compliance' means a pattern or practice of 
        adhering to and satisfying standards and requirements 
        promulgated by the Federal or a State government for the 
        purpose of preventing significant harm to human health and the 
        environment. Actions undertaken in accordance with compliance 
        schedules for remediation established by Federal or State 
        enforcement authorities shall be considered compliance for 
        purposes of this section.
            ``(6) The terms `specifically authorized' and `specifically 
        authorizes' refer to an explicit authorization, contained in a 
        host community agreement or permit, to import waste from 
        outside the State. Such authorization may include a reference 
        to a fixed radius surrounding the landfill or incinerator that 
        includes an area outside the State or a reference to any place 
        of origin, reference to specific places outside the State, or 
        use of such phrases as `regardless of origin' or `outside the 
        State'. The language for such authorization may vary as long as 
        it clearly and affirmatively states the approval or consent of 
        the affected local government or State for receipt of municipal 
        solid waste from sources outside the State.
    ``(g) Implementation and Enforcement.--Any State may adopt such 
laws and regulations, not inconsistent with this section, as are 
necessary to implement and enforce this section, including provisions 
for penalties.''.
                    (B) Table of contents amendment.--The table of 
                contents in section 1001 of the Solid Waste Disposal 
                Act (42 U.S.C. prec. 6901) is amended by adding at the 
                end of the items relating to subtitle D the following 
                new item:

``Sec. 4011. Interstate transportation of municipal solid waste.''.
            (2) Needs determination.--The Governor of a State may 
        accept, deny or modify an application for a municipal solid 
        waste management facility permit if--
                    (A) it is done in a manner that is not inconsistent 
                with the provisions of this section;
                    (B) a State law enacted in 1990 and a regulation 
                adopted by the governor in 1991 specifically requires 
                the permit applicant to demonstrate that there is a 
                local or regional need within the State for the 
                facility; and
                    (C) the permit applicant fails to demonstrate that 
                there is a local or regional need within the State for 
                the facility.
    (b) Flow Control.--
            (1) State and local government control of movement of 
        municipal solid waste and recyclable material.--Subtitle D of 
        the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.), as 
        amended by subsection (a)(1)(A), is amended by adding after 
        section 4011 the following new section:

``SEC. 4012. STATE AND LOCAL GOVERNMENT CONTROL OF MOVEMENT OF 
              MUNICIPAL SOLID WASTE AND RECYCLABLE MATERIAL.

    ``(a) Definitions.--In this section:
            ``(1) Designate; designation.--The terms `designate' and 
        `designation' refer to an authorization by a State, political 
        subdivision, or public service authority, and the act of a 
        State, political subdivision, or public service authority in 
        requiring or contractually committing, that all or any portion 
        of the municipal solid waste or recyclable material that is 
        generated within the boundaries of the State, political 
        subdivision, or public service authority be delivered to waste 
        management facilities or facilities for recyclable material or 
        a public service authority identified by the State, political 
        subdivision, or public service authority.
            ``(2) Flow control authority.--The term `flow control 
        authority' means the authority to control the movement of 
        municipal solid waste or voluntarily relinquished recyclable 
        material and direct such solid waste or voluntarily 
        relinquished recyclable material to a designated waste 
        management facility or facility for recyclable material.
            ``(3) Municipal solid waste.--The term `municipal solid 
        waste' means--
                    ``(A) solid waste generated by the general public 
                or from a residential, commercial, institutional, or 
                industrial source, consisting of paper, wood, yard 
                waste, plastics, leather, rubber, and other combustible 
                material and noncombustible material such as metal and 
                glass, including residue remaining after recyclable 
                material has been separated from waste destined for 
                disposal, and including waste material removed from a 
                septic tank, septage pit, or cesspool (other than from 
                portable toilets); but
                    ``(B) does not include--
                            ``(i) waste identified or listed as a 
                        hazardous waste under section 3001 of this Act 
                        or waste regulated under the Toxic Substances 
                        Control Act (15 U.S.C. 2601 et seq.);
                            ``(ii) waste, including contaminated soil 
                        and debris, resulting from a response action 
                        taken under section 104 or 106 of the 
                        Comprehensive Environmental Response, 
                        Compensation, and Liability Act of 1980 (42 
                        U.S.C. 9604, 9606) or any corrective action 
                        taken under this Act;
                            ``(iii) medical waste listed in section 
                        11002;
                            ``(iv) industrial waste generated by 
                        manufacturing or industrial processes, 
                        including waste generated during scrap 
                        processing and scrap recycling;
                            ``(v) recyclable material; or
                            ``(vi) sludge.
            ``(4) Public service authority.--The term `public service 
        authority' means--
                    ``(A) an authority or authorities created pursuant 
                to State legislation to provide individually or in 
                combination solid waste management services to 
                political subdivisions;
                    ``(B) other body created pursuant to State law; or
                    ``(C) an authority that was issued a certificate of 
                incorporation by a State corporation commission 
                established by a State constitution.
            ``(5) Put or pay agreement.--(A) The term `put or pay 
        agreement' means an agreement that obligates or otherwise 
        requires a State or political subdivision to--
                    ``(i) deliver a minimum quantity of municipal solid 
                waste to a waste management facility; and
                    ``(ii) pay for that minimum quantity of municipal 
                solid waste even if the stated minimum quantity of 
                municipal solid waste is not delivered within a 
                required period of time.
            ``(B) For purposes of the authority conferred by 
        subsections (b) and (c), the term `legally binding provision of 
        the State or political subdivision' includes a put or pay 
        agreement that designates waste to a waste management facility 
        that was in operation on or before December 31, 1988 and that 
        requires an aggregate tonnage to be delivered to the facility 
        during each operating year by the political subdivisions which 
        have entered put or pay agreements designating that waste 
        management facility.
            ``(C) The entering into of a put or pay agreement shall be 
        considered to be a designation (as defined in subsection 
        (a)(1)) for all purposes of this title.
            ``(6) Recyclable material.--The term `recyclable material' 
        means material that has been separated from waste otherwise 
        destined for disposal (at the source of the waste or at a 
        processing facility) or has been managed separately from waste 
        destined for disposal, for the purpose of recycling, 
        reclamation, composting of organic material such as food and 
        yard waste, or reuse (other than for the purpose of 
        incineration).
            ``(7) Waste management facility.--The term `waste 
        management facility' means a facility that collects, separates, 
        stores, transports, transfers, treats, processes, combusts, or 
        disposes of municipal solid waste.
    ``(b) Authority.--
            ``(1) In general.--Each State, political subdivision of a 
        State, and public service authority may exercise flow control 
        authority for municipal solid waste and for recyclable material 
        voluntarily relinquished by the owner or generator of the 
        material that is generated within its jurisdiction by directing 
        the municipal solid waste or recyclable material to a waste 
        management facility or facility for recyclable material, if 
        such flow control authority--
                    ``(A)(i) had been exercised prior to May 15, 1994, 
                and was being implemented on May 15, 1994, pursuant to 
                a law, ordinance, regulation, or other legally binding 
                provision of the State or political subdivision; or
                    ``(ii) had been exercised prior to May 15, 1994, 
                but implementation of such law, ordinance, regulation, 
                or other legally binding provision of the State or 
                political subdivision was prevented by an injunction, 
                temporary restraining order, or other court action, or 
                was suspended by the voluntary decision of the State or 
                political subdivision because of the existence of such 
                court action;
                    ``(B) has been implemented by designating before 
                May 15, 1994, the particular waste management 
                facilities or public service authority to which the 
                municipal solid waste or recyclable material is to be 
                delivered, which facilities were in operation as of May 
                15, 1994, or were in operation prior to May 15, 1994 
                and were temporarily inoperative on May 15, 1994.
            ``(2) Limitation.--The authority of this section extends 
        only to the specific classes or categories of municipal solid 
        waste to which flow control authority requiring a movement to a 
        waste management facility was actually applied on or before May 
        15, 1994 (or, in the case of a State, political subdivision, or 
        public service authority that qualifies under subsection (c), 
        to the specific classes or categories of municipal solid waste 
        for which the State, political subdivision, or public service 
        authority prior to May 15, 1994, had committed to the 
        designation of a waste management facility).
            ``(3) Lack of clear identification.--With regard to 
        facilities granted flow control authority under subsection (c), 
        if the specific classes or categories of municipal solid waste 
        are not clearly identified, the authority of this section shall 
        apply only to municipal solid waste generated by households.
            ``(4) Duration of authority.--With respect to each 
        designated waste management facility, the authority of this 
        section shall be effective until the later of--
                    ``(A) the end of the remaining life of a contract 
                between the State, political subdivision, or public 
                service authority and any other person regarding the 
                movement or delivery of municipal solid waste or 
                voluntarily relinquished recyclable material to a 
                designated facility (as in effect May 15, 1994);
                    ``(B) completion of the schedule for payment of the 
                capital costs of the facility concerned (as in effect 
                May 15, 1994); or
                    ``(C) the end of the remaining useful life of the 
                facility (as in existence on the date of enactment of 
                this section), as that remaining life may be extended 
                by--
                            ``(i) retrofitting of equipment or the 
                        making of other significant modifications to 
                        meet applicable environmental requirements or 
                        safety requirements;
                            ``(ii) routine repair or scheduled 
                        replacement of equipment or components that 
                        does not add to the capacity of a waste 
                        management facility; or
                            ``(iii) expansion of the facility on land 
                        that is--
                                    ``(I) legally or equitably owned, 
                                or under option to purchase or lease, 
                                by the owner or operator of the 
                                facility; and
                                    ``(II) covered by the permit for 
                                the facility (as in effect May 15, 
                                1994).
            ``(5) Additional authority.--
                    ``(A) Application of paragraph.--This paragraph 
                applies to a State or political subdivision of a State 
                that, on or before January 1, 1984--
                            ``(i) adopted regulations under State law 
                        that required the transportation to, and 
                        management or disposal at, waste management 
                        facilities in the State, of--
                                    ``(I) all solid waste from 
                                residential, commercial, institutional, 
                                or industrial sources (as defined under 
                                State law); and
                                    ``(II) recyclable material 
                                voluntarily relinquished by the owner 
                                or generator of the recyclable 
                                material; and
                            ``(ii) as of January 1, 1984, had 
                        implemented those regulations in the case of 
                        every political subdivision of the State.
                    ``(B) Authority.--Notwithstanding anything to the 
                contrary in this section (including subsection (m)), a 
                State or political subdivision of a State described in 
                subparagraph (A) may continue to exercise flow control 
                authority (including designation of waste management 
                facilities in the State that meet the requirements of 
                subsection (c)) for all classes and categories of solid 
                waste that were subject to flow control on January 1, 
                1984.
            ``(6) Flow control ordinance.--Notwithstanding anything to 
        the contrary in this section, but subject to subsection (m), 
        any political subdivision which adopted a flow control 
        ordinance in November 1991, and designated facilities to 
        receive municipal solid waste prior to April 1, 1992, may 
        exercise flow control authority until the end of the remaining 
        life of all contracts between the political subdivision and any 
        other persons regarding the movement or delivery of municipal 
        solid waste or voluntarily relinquished recyclable material to 
        a designated facility (as in effect May 15, 1994). Such 
        authority shall extend only to the specific classes or 
        categories of municipal solid waste to which flow control 
        authority was actually applied on or before May 15, 1994. The 
        authority under this subsection shall be exercised in 
        accordance with section 4012(b)(4).
    ``(c) Commitment to Construction.--
            ``(1) In general.--Notwithstanding subsection (b)(1) (A) 
        and (B), any political subdivision of a State may exercise flow 
        control authority under subsection (b), if--
                    ``(A)(i) the law, ordinance, regulation, or other 
                legally binding provision specifically provides for 
                flow control authority for municipal solid waste 
                generated within its boundaries; and
                    ``(ii) such authority was exercised prior to May 
                15, 1995, and was being implemented on May 15, 1994.
                    ``(B) prior to May 15, 1994, the political 
                subdivision committed to the designation of the 
                particular waste management facilities or public 
                service authority to which municipal solid waste is to 
                be transported or at which municipal solid waste is to 
                be disposed of under that law, ordinance, regulation, 
                plan, or legally binding provision.
            ``(2) Factors demonstrating commitment.--A commitment to 
        the designation of waste management facilities or public 
        service authority is demonstrated by 1 or more of the following 
        factors:
                    ``(A) Construction permits.--All permits required 
                for the substantial construction of the facility were 
                obtained prior to May 15, 1994.
                    ``(B) Contracts.--All contracts for the substantial 
                construction of the facility were in effect prior to 
                May 15, 1994.
                    ``(C) Revenue bonds.--Prior to May 15, 1994, 
                revenue bonds were presented for sale to specifically 
                provide revenue for the construction of the facility.
                    ``(D) Construction and operating permits.--The 
                State or political subdivision submitted to the 
                appropriate regulatory agency or agencies, on or before 
                May 15, 1994, substantially complete permit 
                applications for the construction and operation of the 
                facility.
    ``(d) Formation of Solid Waste Management District To Purchase and 
Operate Existing Facility.--Notwithstanding subsection (b)(1) (A) and 
(B), a solid waste management district that was formed by a number of 
political subdivisions for the purpose of purchasing and operating a 
facility owned by 1 of the political subdivisions may exercise flow 
control authority under subsection (b) if--
            ``(1) the facility was fully licensed and in operation 
        prior to May 15, 1994;
            ``(2) prior to April 1, 1994, substantial negotiations and 
        preparation of documents for the formation of the district and 
        purchase of the facility were completed;
            ``(3) prior to May 15, 1994, at least 80 percent of the 
        political subdivisions that were to participate in the solid 
        waste management district had adopted ordinances committing the 
        political subdivisions to participation and the remaining 
        political subdivisions adopted such ordinances within 2 months 
        after that date; and
            ``(3) the financing was completed, the acquisition was 
        made, and the facility was placed under operation by the solid 
        waste management district by September 21, 1994.
    ``(e) Constructed and Operated.--A political subdivision of a State 
may exercise flow control authority for municipal solid waste and for 
recyclable material voluntarily relinquished by the owner or generator 
of the material that is generated within its jurisdiction if--
            ``(1) prior to May 15, 1994, the political subdivision--
                    ``(A) contracted with a public service authority or 
                with its operator to deliver or cause to be delivered 
                to the public service authority substantially all of 
                the disposable municipal solid waste that is generated 
                or collected by or is within or under the control of 
                the political subdivision, in order to support revenue 
                bonds issued by and in the name of the public service 
                authority or on its behalf by a State entity for waste 
                management facilities; or
                    ``(B) entered into contracts with a public service 
                authority or its operator to deliver or cause to be 
                delivered to the public service authority substantially 
                all of the disposable municipal solid waste that is 
                generated or collected by or within the control of the 
                political subdivision, which imposed flow control 
                pursuant to a law, ordinance, regulation, or other 
                legally binding provision and where outstanding revenue 
                bonds were issued in the name of public service 
                authorities for waste management facilities; and
            ``(2) prior to May 15, 1994, the public service authority--
                    ``(A) issued the revenue bonds or had issued on its 
                behalf by a State entity for the construction of 
                municipal solid waste facilities to which the political 
                subdivision's municipal solid waste is transferred or 
                disposed; and
                    ``(B) commenced operation of the facilities.
The authority under this subsection shall be exercised in accordance 
with section 4012(b)(4).
    ``(f) State-Mandated Disposal Services.--A political subdivision of 
a State may exercise flow control authority for municipal solid waste 
and for recyclable material voluntarily relinquished by the owner or 
generator of the material that is generated within its jurisdiction if, 
prior to May 15, 1994, the political subdivision--
            ``(1) was responsible under State law for providing for the 
        operation of solid waste facilities to serve the disposal needs 
        of all incorporated and unincorporated areas of the county;
            ``(2) is required to initiate a recyclable materials 
        recycling program in order to meet a municipal solid waste 
        reduction goal of at least 30 percent;
            ``(3) has been authorized by State statute to exercise flow 
        control authority and had implemented the authority through the 
        adoption or execution of a law, ordinance, regulation, 
        contract, or other legally binding provision;
            ``(4) had incurred, or caused a public service authority to 
        incur, significant financial expenditures to comply with State 
        law and to repay outstanding bonds that were issued 
        specifically for the construction of solid waste management 
        facilities to which the political subdivision's waste is to be 
        delivered; and
            ``(5) the authority under this subsection shall be 
        exercised in accordance with section 4012(b)(4).
    ``(g) State Solid Waste District Authority.--A solid waste district 
or a political subdivision of a State may exercise flow control 
authority for municipal solid waste and for recyclable material 
voluntarily relinquished by the owner or generator of the material that 
is generated within its jurisdiction if--
            ``(1) the solid waste district, political subdivision or 
        municipality within said district is currently required to 
        initiate a recyclable materials recycling program in order to 
        meet a municipal solid waste reduction goal of at least 30 
        percent by the year 2005, and uses revenues generated by the 
        exercise of flow control authority strictly to implement 
        programs to manage municipal solid waste, other than 
        development of incineration; and
            ``(2) prior to May 15, 1994, the solid waste district, 
        political subdivision or municipality within said district--
                    ``(A) was responsible under State law for the 
                management and regulation of the storage, collection, 
                processing, and disposal of solid wastes within its 
                jurisdiction;
                    ``(B) was authorized by State statute (enacted 
                prior to January 1, 1992) to exercise flow control 
                authority, and subsequently adopted or sought to 
                exercise the authority through a law, ordinance, 
                regulation, regulatory proceeding, contract, franchise, 
                or other legally binding provision; and
                    ``(C) was required by State statute (enacted prior 
                to January 1, 1992) to develop and implement a solid 
                waste management plan consistent with the State solid 
                waste management plan, and the district solid waste 
                management plan was approved by the appropriate State 
                agency prior to September 15, 1994.
    ``(h) State-Authorized Services and Local Plan Adoption.--A 
political subdivision of a State may exercise flow control authority 
for municipal solid waste and for recyclable material voluntarily 
relinquished by the owner or generator of the material that is 
generated within its jurisdiction if, prior to May 15, 1994, the 
political subdivision--
            ``(1) had been authorized by State statute which 
        specifically named the political subdivision to exercise flow 
        control authority and had implemented the authority through a 
        law, ordinance, regulation, contract, or other legally binding 
        provision; and
            ``(2) had adopted a local solid waste management plan 
        pursuant to State statute and was required by State statute to 
        adopt such plan in order to submit a complete permit 
        application to construct a new solid waste management facility 
        proposed in such plan; and
            ``(3) had presented for sale a revenue or general 
        obligation bond to provide for the site selection, permitting, 
        or acquisition for construction of new facilities identified 
        and proposed in its local solid waste management plan; and
            ``(4) includes a municipality or municipalities required by 
        State law to adopt a local law or ordinance to require that 
        solid waste which has been left for collection shall be 
        separated into recyclable, reusable or other components for 
        which economic markets exist; and
            ``(5) is in a State that has aggressively pursued closure 
        of substandard municipal landfills, both by regulatory action 
        and under statute designed to protect deep flow recharge areas 
        in counties where potable water supplies are derived from sole 
        source aquifers.
    ``(i) Retained Authority.--
            ``(1) Request.--On the request of a generator of municipal 
        solid waste affected by this section, a State or political 
        subdivision may authorize the diversion of all or a portion of 
        the solid waste generated by the generator making the request 
        to an alternative solid waste treatment or disposal facility, 
        if the purpose of the request is to provide a higher level of 
        protection for human health and the environment or reduce 
        potential future liability of the generator under Federal or 
        State law for the management of such waste, unless the State or 
        political subdivision determines that the facility to which the 
        municipal solid waste is proposed to be diverted does not 
        provide a higher level of protection for human health and the 
        environment or does not reduce the potential future liability 
        of the generator under Federal or State law for the management 
        of such waste.
            ``(2) Contents.--A request under paragraph (1) shall 
        include information on the environmental suitability of the 
        proposed alternative treatment or disposal facility and method, 
        compared to that of the designated facility and method.
    ``(j) Limitations on Revenue.--A State or political subdivision may 
exercise flow control authority under subsection (b), (c), (d), or (e) 
only if the State or political subdivision certifies that the use of 
any of its revenues derived from the exercise of that authority will be 
used for solid waste management services or related landfill 
reclamation.
    ``(k) Reasonable Regulation of Commerce.--A law, ordinance, 
regulation, or other legally binding provision or official act of a 
State or political subdivision, as described in subsection (b), (c), 
(d), or (e), that implements flow control authority in compliance with 
this section shall be considered to be a reasonable regulation of 
commerce retroactive to its date of enactment or effective date and 
shall not be considered to be an undue burden on or otherwise 
considered as impairing, restraining, or discriminating against 
interstate commerce.
    ``(l) Effect on Existing Laws and Contracts.--
            ``(1) Environmental laws.--Nothing in this section shall be 
        construed to have any effect on any other law relating to the 
        protection of human health and the environment or the 
        management of municipal solid waste or recyclable material.
            ``(2) State law.--Nothing in this section shall be 
        construed to authorize a political subdivision of a State to 
        exercise the flow control authority granted by this section in 
        a manner that is inconsistent with State law.
            ``(3) Ownership of recyclable material.--Nothing in this 
        section--
                    ``(A) authorizes a State or political subdivision 
                of a State to require a generator or owner of 
                recyclable material to transfer recyclable material to 
                the State or political subdivision; or
                    ``(B) prohibits a generator or owner of recyclable 
                material from selling, purchasing, accepting, 
                conveying, or transporting recyclable material for the 
                purpose of transformation or remanufacture into usable 
                or marketable material, unless the generator or owner 
                voluntarily made the recyclable material available to 
                the State or political subdivision and relinquished any 
                right to, or ownership of, the recyclable material.
    ``(m) Repeal.--(1) Notwithstanding any provision of this title, 
authority to flow control by directing municipal solid waste or 
recyclable materials to a waste management facility shall terminate on 
the date that is 30 years after the date of enactment of this Act.
    ``(2) This section and the item relating to this section in the 
table of contents for subtitle D of the Solid Waste Disposal Act are 
repealed effective as of the date that is 30 years after the date of 
enactment of this Act.
    ``(n) Title Not Applicable To Listed Facilities.--Notwithstanding 
any other provision of this title, the authority to exercise flow 
control shall not apply to any facility that--
            ``(1) on the date of enactment of this Act, is listed on 
        the National Priorities List under the Comprehensive 
        Environmental, Response, Compensation and Liability Act (42 
        U.S.C. 9601 et seq.); or
            ``(2) as of May 15, 1994, was the subject of a pending 
        proposal by the Administrator of the Environmental Protection 
        Agency to be listed on the National Priorities List.''.
            (2) Table of contents amendment.--The table of contents for 
        subtitle D in section 1001 of the Solid Waste Disposal Act (42 
        U.S.C. prec. 6901), as amended by subsection (a)(1)(B), is 
        amended by adding after the item relating to section 4011 the 
        following new item:

``Sec. 4012. State and local government control of movement of 
                            municipal solid waste and recyclable 
                            material.''.
    (c) Ground Water Monitoring.--
            (1) Amendment of solid waste disposal act.--Section 4010(c) 
        of the Solid Waste Disposal Act (42 U.S.C. 6949a(c)) is 
        amended--
                    (A) by striking ``Criteria.--Not later'' and 
                inserting the following: ``Criteria.--
            ``(1) In general.--Not later''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(2) Additional revisions.--Subject to paragraph (2), the 
        requirements of the criteria described in paragraph (1) 
        relating to ground water monitoring shall not apply to an owner 
        or operator of a new municipal solid waste landfill unit, an 
        existing municipal solid waste landfill unit, or a lateral 
        expansion of a municipal solid waste landfill unit, that 
        disposes of less than 20 tons of municipal solid waste daily, 
        based on an annual average, if--
                    ``(A) there is no evidence of ground water 
                contamination from the municipal solid waste landfill 
                unit or expansion; and
                    ``(B) the municipal solid waste landfill unit or 
                expansion serves--
                            ``(i) a community that experiences an 
                        annual interruption of at least 3 consecutive 
                        months of surface transportation that prevents 
                        access to a regional waste management facility; 
                        or
                            ``(ii) a community that has no practicable 
                        waste management alternative and the landfill 
                        unit is located in an area that annually 
                        receives less than or equal to 25 inches of 
                        precipitation.
            ``(3) Protection of ground water resources.--
                    ``(A) Monitoring requirement.--A State may require 
                ground water monitoring of a solid waste landfill unit 
                that would otherwise be exempt under paragraph (2) if 
                necessary to protect ground water resources and ensure 
                compliance with a State ground water protection plan, 
                where applicable.
                    ``(B) Methods.--If a State requires ground water 
                monitoring of a solid waste landfill unit under 
                subparagraph (A), the State may allow the use of a 
                method other than the use of ground water monitoring 
                wells to detect a release of contamination from the 
                unit.
                    ``(C) Corrective action.--If a State finds a 
                release from a solid waste landfill unit, the State 
                shall require corrective action as appropriate.
            ``(4) Alaska native villages.--Upon certification by the 
        Governor of the State of Alaska that application of the 
        requirements of the criteria described in paragraph (1) to a 
        solid waste landfill unit of a Native village (as defined in 
        section 3 of the Alaska Native Claims Settlement Act (16 U.S.C. 
        1602)) or unit that is located in or near a small, remote 
        Alaska village would be infeasible, or would not be cost-
        effective, or is otherwise inappropriate because of the remote 
        location of the unit, the State may exempt the unit from some 
        or all of those requirements. This subsection shall apply only 
        to solid waste landfill units that dispose of less than 20 tons 
        of municipal solid waste daily, based on an annual average.
            ``(5) No-migration exemption.--
                    ``(A) In general.--Ground water monitoring 
                requirements may be suspended by the Director of an 
                approved State for a landfill operator if the operator 
                demonstrates that there is no potential for migration 
                of hazardous constituents from the unit to the 
                uppermost aquifer during the active life of the unit 
                and the post-closure care period.
                    ``(B) Certification.--A demonstration under 
                subparagraph (A) shall--
                            ``(i) be certified by a qualified ground-
                        water scientist and approved by the Director of 
                        an approved State.
                    ``(C) Guidance.--Not later than 6 months after the 
                date of enactment of this paragraph, the Administrator 
                shall issue a guidance document to facilitate small 
                community use of the no migration exemption under this 
                paragraph.
            ``(6) Further revisions of guidelines and criteria.--Not 
        later than April 9, 1997, the Administrator shall promulgate 
        revisions to the guidelines and criteria promulgated under this 
        subchapter to allow States to promulgate alternate design, 
        operating, landfill gas monitoring, financial assurance, and 
        closure requirements for landfills which receive 20 tons or 
        less of municipal solid waste per day based on an annual 
        average: Provided That such alternate requirements are 
        sufficient to protect human health and the environment.''.
            (2) Reinstatement of regulatory exemption.--It is the 
        intent of section 4010(c)(2) of the Solid Waste Disposal Act, 
        as added by paragraph (1), to immediately reinstate subpart E 
        of part 258 of title 40, Code of Federal Regulations, as added 
        by the final rule published at 56 Federal Register 50798 on 
        October 9, 1991.
    (d) State or Regional Solid Waste Plans.--
            (1) Finding.--Section 1002(a) of the Solid Waste Disposal 
        Act (42 U.S.C. 6901(a)) is amended--
                    (A) by striking the period at the end of paragraph 
                (4) and inserting ``; and''; and
                    (B) by adding at the end the following:
            ``(5) that the Nation's improved standard of living has 
        resulted in an increase in the amount of solid waste generated 
        per capita, and the Nation has not given adequate consideration 
        to solid waste reduction strategies.''.
            (2) Objective of solid waste disposal act.--Section 1003(a) 
        of the Solid Waste Disposal Act (42 U.S.C. 6902(a)) is 
        amended--
                    (A) by striking ``and'' at the end of paragraph 
                (10);
                    (B) by striking the period at the end of paragraph 
                (11) and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(12) promoting local and regional planning for--
                    ``(A) effective solid waste collection and 
                disposal; and
                    ``(B) reducing the amount of solid waste generated 
                per capita through the use of solid waste reduction 
                strategies.''.
            (3) National policy.--Section 1003(b) of the Solid Waste 
        Disposal Act (42 U.S.C. 6902(b)) is amended by inserting 
        ``solid waste and'' after ``generation of''.
            (4) Objective of subtitle d of solid waste disposal act.--
        Section 4001 of the Solid Waste Disposal Act (42 U.S.C. 6941) 
        is amended by inserting ``promote local and regional planning 
        for effective solid waste collection and disposal and for 
        reducing the amount of solid waste generated per capita through 
        the use of solid waste reduction strategies, and'' after 
        ``objectives of this subtitle are to''.
            (5) Discretionary state plan provisions.--Section 4003 of 
        the Solid Waste Disposal Act (42 U.S.C. 6943) is amended by 
        adding at the end the following:
    ``(e) Discretionary Plan Provisions Relating to Solid Waste 
Reduction Goals, Local and Regional Plans, and Issuance of Solid Waste 
Management Permits.--Except as provided in section 4011(a)(4), a State 
plan submitted under this subtitle may include, at the option of the 
State, provisions for--
            ``(1) establishment of a State per capita solid waste 
        reduction goal, consistent with the goals and objectives of 
        this subtitle; and
            ``(2) establishment of a program that ensures that local 
        and regional plans are consistent with State plans and are 
        developed in accordance with sections 4004, 4005, and 4006.''.
            (6) Procedure for development and implementation of state 
        plans.--Section 4006(b) of the Solid Waste Disposal Act (42 
        U.S.C. 6946(b)) is amended by inserting ``and discretionary 
        plan provisions'' after ``minimum requirements''.
    (e) General Provisions.--
            (1) Border studies.--
                    (A) Definitions.--In this paragraph:
                            (i) Administrator.--The term 
                        ``Administrator'' means the Administrator of 
                        the Environmental Protection Agency.
                            (ii) Maquiladora.--The term ``maquiladora'' 
                        means an industry located in Mexico along the 
                        border between the United States and Mexico.
                            (iii) Solid waste.--The term ``solid 
                        waste'' has the meaning provided the term under 
                        section 1004(27) of the Solid Waste Disposal 
                        Act (42 U.S.C. 6903(27)).
                    (B) In general.--
                            (i) Study of solid waste management issues 
                        associated with north american free trade 
                        agreement.--As soon as practicable after the 
                        date of enactment of this Act, the 
                        Administrator is authorized to conduct a study 
                        of solid waste management issues associated 
                        with increased border use resulting from the 
                        implementation of the North American Free Trade 
                        Agreement.
                            (ii) Study of solid waste management issues 
                        associated with united states-canada free-trade 
                        agreement.--As soon as practicable after the 
                        date of enactment of this Act, the 
                        Administrator may conduct a similar study 
                        focused on border traffic of solid waste 
                        resulting from the implementation of the United 
                        States-Canada Free-Trade Agreement, with 
                        respect to the border region between the United 
                        States and Canada.
                    (C) Contents of study.--A study conducted under 
                this paragraph shall provide for the following:
                            (i) A study of planning for solid waste 
                        treatment, storage, and disposal capacity 
                        (including additional landfill capacity) that 
                        would be necessary to accommodate the 
                        generation of additional household, commercial, 
                        and industrial wastes by an increased 
                        population along the border involved.
                            (ii) A study of the relative impact on 
                        border communities of a regional siting of 
                        solid waste storage and disposal facilities.
                            (iii) In the case of the study described in 
                        subparagraph (B)(i), research concerning 
                        methods of tracking of the transportation of--
                                    (I) materials from the United 
                                States to maquiladoras; and
                                    (II) waste from maquiladoras to a 
                                final destination.
                            (iv) In the case of the study described in 
                        subparagraph (B)(i), a determination of the 
                        need for solid waste materials safety training 
                        for workers in Mexico and the United States 
                        within the 100-mile zone specified in the First 
                        Stage Implementation Plan Report for 1992-1994 
                        of the Integrated Environmental Plan for the 
                        Mexico-United States Border, issued by the 
                        Administrator in February 1992.
                            (v) A review of the adequacy of existing 
                        emergency response networks in the border 
                        region involved, including the adequacy of 
                        training, equipment, and personnel.
                            (vi) An analysis of solid waste management 
                        practices in the border region involved, 
                        including an examination of methods for 
                        promoting source reduction, recycling, and 
                        other alternatives to landfills.
                    (D) Sources of information.--In conducting a study 
                under this paragraph, the Administrator shall, to the 
                extent allowable by law, solicit, collect, and use the 
                following information:
                            (i) A demographic profile of border lands 
                        based on census data prepared by the Bureau of 
                        the Census of the Department of Commerce and, 
                        in the case of the study described in 
                        subparagraph (B)(i), census data prepared by 
                        the Government of Mexico.
                            (ii) In the case of the study described in 
                        subparagraph (B)(i), information from the 
                        United States Customs Service of the Department 
                        of the Treasury concerning solid waste 
                        transported across the border between the 
                        United States and Mexico, and the method of 
                        transportation of the waste.
                            (iii) In the case of the study described in 
                        subparagraph (B)(i), information concerning the 
                        type and volume of materials used in 
                        maquiladoras.
                            (iv)(I) Immigration data prepared by the 
                        Immigration and Naturalization Service of the 
                        Department of Justice.
                            (II) In the case of the study described in 
                        subparagraph (B)(i), immigration data prepared 
                        by the Government of Mexico.
                            (v) Information relating to the 
                        infrastructure of border land, including an 
                        accounting of the number of landfills, 
                        wastewater treatment systems, and solid waste 
                        treatment, storage, and disposal facilities.
                            (vi) A listing of each site in the border 
                        region involved where solid waste is treated, 
                        stored, or disposed of.
                            (vii) In the case of the study described in 
                        subparagraph (B)(i), a profile of the 
                        industries in the region of the border between 
                        the United States and Mexico.
                    (E) Consultation and cooperation.--In carrying out 
                this paragraph, the Administrator shall consult with 
                the following entities in reviewing study activities:
                            (i) With respect to reviewing the study 
                        described in subparagraph (B)(i), States and 
                        political subdivisions of States (including 
                        municipalities and counties) in the region of 
                        the border between the United States and 
                        Mexico.
                            (ii) The heads of other Federal agencies 
                        (including the Secretary of the Interior, the 
                        Secretary of Housing, the Secretary of Health 
                        and Human Services, the Secretary of 
                        Transportation, and the Secretary of Commerce) 
                        and with respect to reviewing the study 
                        described in subparagraph (B)(i), equivalent 
                        officials of the Government of Mexico.
                    (F) Reports to congress.--On completion of the 
                studies under this paragraph, the Administrator shall, 
                not later than 2 years after the date of enactment of 
                this Act, submit to the appropriate committees of 
                Congress reports that summarize the findings of the 
                studies and propose methods by which solid waste border 
                traffic may be tracked, from source to destination, on 
                an annual basis.
                    (G) Border study delay.--The conduct of the study 
                described in subparagraph (B)(ii) shall not delay or 
                otherwise affect completion of the study described in 
                subparagraph (B)(i).
                    (H) Funding.--If any funding needed to conduct the 
                studies required by this paragraph is not otherwise 
                available, the president may transfer to the 
                administrator, for use in conducting the studies, any 
                funds that have been appropriated to the president 
                under section 533 of the North American Free Trade 
                Agreement Implementation Act (19 U.S.C. 3473) that are 
                in excess of the amount needed to carry out that 
                section. States that wish to participate in study will 
                be asked to contribute to the costs of the study. The 
                terms of the cost share shall be negotiated between the 
                Environmental Protection Agency and the State.''.
            (2) Study of interstate hazardous waste transport.--
                    (A) Definition of hazardous waste.--In this 
                paragraph, the term ``hazardous waste'' has the meaning 
                provided in section 1004 of the Solid Waste Disposal 
                Act (42 U.S.C. 6903).
                    (B) Study.--not later than 3 years after the date 
                of enactment of this act, the administrator of the 
                environmental protection agency shall conduct a study, 
                and report to congress on the results of the study, to 
                determine--
                            (i) the quantity of hazardous waste that is 
                        being transported across state lines; and
                            (ii) the ultimate disposition of the 
                        transported waste.
            (3) Study of interstate sludge transport.--
                    (A) Definitions.--In this paragraph:
                            (i) Sewage sludge.--The term ``sewage 
                        sludge''--
                                    (I) means solid, semisolid, or 
                                liquid residue generated during the 
                                treatment of domestic sewage in a 
                                treatment works; and
                                    (II) includes--
                                            (i) domestic septage;
                                            (ii) scum or a solid 
                                        removed in a primary, 
                                        secondary, or advanced 
                                        wastewater treatment process; 
                                        and
                                            (iii) material derived from 
                                        sewage sludge (as otherwise 
                                        defined in this clause); but
                                    (III) does not include--
                                            (i) ash generated during 
                                        the firing of sewage sludge (as 
                                        otherwise defined in this 
                                        clause) in a sewage sludge 
                                        incinerator; or
                                            (ii) grit or screenings 
                                        generated during preliminary 
                                        treatment of domestic sewage in 
                                        a treatment works.
                            (ii) Sludge.--The term ``sludge'' has the 
                        meaning provided in section 1004 of the Solid 
                        Waste Disposal Act (42 U.S.C. 6903).
                    (B) Study.--Not later than 3 years after the date 
                of enactment of this act, the administrator of the 
                environmental protection agency shall conduct a study, 
                and report to congress on the results of the study, to 
                determine--
                            (i) the quantity of sludge (including 
                        sewage sludge) that is being transported across 
                        state lines; and
                            (ii) the ultimate disposition of the 
                        transported sludge.

SEC. 510. SENSE OF SENATE REGARDING UNITED STATES SEMICONDUCTOR TRADE 
              AGREEMENT.

    (a) Findings.--
            (1) The United States-Japan Semiconductor Trade Agreement 
        is set to expire on July 31, 1996;
            (2) The Governments of the United States and Japan are 
        currently engaged in negotiations over the terms of a new 
        United States-Japan agreement on semiconductors;
            (3) The President of the United States and the Prime 
        Minister of Japan agreed at the G-7 Summit in June that their 
        two governments should conclude a mutually acceptable outcome 
        of the semiconductor dispute by July 31, 1996, and that there 
        should be a continuing role for the two governments in the new 
        agreement;
            (4) The current United States-Japan Semiconductor Trade 
        Agreement has put in place both government-to-government and 
        industry-to-industry mechanisms which have played a vital role 
        in allowing cooperation to replace conflict in this important 
        high technology sector such as by providing for joint 
        calculation of foreign market share in Japan, deterrence of 
        dumping, and promotion of industrial cooperation in the design-
        in of foreign semiconductor devices;
            (5) Despite the increased foreign share of the Japanese 
        semiconductor market since 1986, a gap still remains between 
        the share United States and other foreign semiconductor makers 
        are able to capture in the world market outside of Japan 
        through their competitiveness and the sales of these suppliers 
        in the Japanese market, and that gap is consistent across the 
        full range of semiconductor products as well as a full range of 
        end-use applications;
            (6) The competitiveness and health of the United States 
        semiconductor industry is of critical importance to the United 
        States' overall economic well-being as well as the nation's 
        high technology defense capabilities;
            (7) The economic interests of both the United States and 
        Japan are best served by well-functioning, open markets and 
        deterrence of dumping in all sectors, including semiconductors;
            (8) The Government of Japan continues to oppose an 
        agreement that (A) ensures continued calculation of foreign 
        market share in Japan according to the formula set forth in the 
        current agreement, and (B) provides for continuation of current 
        measures to deter renewed dumping of semiconductors in the 
        United States and in the third country markets; and
            (9) The United States Senate on June 19, 1996, unanimously 
        adopted a sense of the Senate resolution that the President 
        should take all necessary and appropriate actions to ensure the 
        continuation of a government-to-government United States-Japan 
        semiconductor trade agreement before the current agreement 
        expires on July 31, 1996.
    (b) Sense of Senate.--It is the sense of the Senate that if a new 
United States-Japan Semiconductor Agreement is not concluded by July 
31, 1996, that (1) ensures continued calculation of foreign market 
share in Japan according to the formula set forth in the current 
agreement, and (2) provides for continuation of current measures to 
deter renewed dumping of semiconductors in the United States and in 
third country markets, the President shall--
            (A) Direct the Office of the United States Trade 
        Representative and the Department of Commerce to establish a 
        system to provide for unilateral United States Government 
        calculation and publication of the foreign share of the 
        Japanese semiconductor market, according to the formula set 
        forth in the current agreement;
            (B) Report to the Congress on a quarterly basis regarding 
        the progress, or lack thereof, in increasing foreign market 
        access to the Japanese semiconductor market; and
            (C) Take all necessary and appropriate actions to ensure 
        that all United States trade laws with respect to foreign 
        market access and injurious dumping are expeditiously and 
        vigorously enforced with respect to U.S.-Japan semiconductor 
        trade, as appropriate.
    This Act may be cited as the ``Energy and Water Development 
Appropriations Act, 1997''.

            Attest:

                                                             Secretary.
104th CONGRESS

  2d Session

                               H. R. 3816

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                               AMENDMENT

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