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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3816 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 518

104th CONGRESS

  2d Session

                               H. R. 3816

_______________________________________________________________________

                                 AN ACT

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

_______________________________________________________________________

                             July 26, 1996

            Received; read twice and placed on the calendar
                                                       Calendar No. 518
104th CONGRESS
  2d Session
                                H. R. 3816

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 26, 1996

             Received, read twice and place on the calendar

_______________________________________________________________________

                                 AN ACT

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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 1997, for energy and water development, and for other 
purposes, namely:

                                TITLE I

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

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

                         general investigations

    For expenses necessary for the collection and study of basic 
information pertaining to river and harbor, flood control, shore 
protection, and related projects, restudy of authorized projects, 
miscellaneous investigations, and, when authorized by laws, surveys and 
detailed studies and plans and specifications of projects prior to 
construction, $153,628,000, to remain available until expended, of 
which funds are provided for the following projects in the amounts 
specified:
            Norco Bluffs, California, $180,000;
            San Joaquin River Basin, Caliente Creek, California, 
        $150,000;
            Tampa Harbor, Alafia Channel, Florida, $200,000;
            Lake George, Hobart, Indiana, $100,000;
            Little Calumet River Basin, Cady Marsh Ditch, Indiana, 
        $200,000;
            Barnegat Inlet to Little Egg Harbor Inlet, New Jersey, 
        $558,000;
            Brigantine Inlet to Great Egg Harbor Inlet, New Jersey, 
        $600,000;
            Great Egg Harbor Inlet to Townsends Inlet, New Jersey, 
        $400,000;
            Manasquan Inlet to Barnegat Inlet, New Jersey, $400,000;
            Townsends Inlet to Cape May Inlet, New Jersey, $375,000;
            South Shore of Staten Island, New York, $300,000;
            Mussers Dam, Middle Creek, Snyder County, Pennsylvania, 
        $450,000;
            Monongahela River, West Virginia, $500,000;
            Monongahela River, Fairmont, West Virginia, $250,000; and
            Tygart River Basin, Philippi, West Virginia, $250,000.

                         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), $1,035,394,000, 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:
            San Timoteo Creek (Santa Ana River Mainstem), California, 
        $7,000,000;
            Ohio River Flood Protection, Indiana, $1,800,000;
            Indianapolis Central Waterfront, Indiana, $8,000,000;
            Indiana Shoreline Erosion, Indiana, $2,200,000;
            Harlan (Levisa and Tug Forks of the Big Sandy River and 
        Upper Cumberland River), Kentucky, $18,500,000;
            Martin County (Levisa and Tug Forks of the Big Sandy River 
        and Upper Cumberland River), Kentucky, $350,000;
            Middlesboro (Levisa and Tug Forks of the Big Sandy River 
        and Upper Cumberland River), Kentucky, $2,000,000;
            Pike County (Levisa and Tug Forks of the Big Sandy River 
        and Upper Cumberland River), Kentucky, $2,000,000;
            Town of Martin (Levisa and Tug Forks of the Big Sandy River 
        and Upper Cumberland River), Kentucky, $300,000;
            Williamsburg (Levisa and Tug Forks of the Big Sandy River 
        and Upper Cumberland River), Kentucky, $4,050,000;
            Salyersville, Kentucky, $3,500,000;
            Lake Pontchartrain and Vicinity, Louisiana, $18,525,000;
            Red River below Denison Dam Levee and Bank Stabilization, 
        Louisiana, Arkansas, and Texas, $100,000;
            Glen Foerd, Pennsylvania, $800,000;
            South Central Pennsylvania Environmental Restoration 
        Infrastructure and Resource Protection Development Pilot 
        Program, Pennsylvania, $10,000,000;
            Wallisville Lake, Texas, $10,000,000;
            Richmond Filtration Plant, Virginia, $3,500,000; and
            Virginia Beach, Virginia, $8,000,000:
Provided, That the Secretary of the Army, acting through the Chief of 
Engineers, is directed to use $1,000,000 of the funds appropriated in 
Public Law 104-46 for construction of the Ohio River Flood Protection, 
Indiana, project: Provided further, That the Secretary of the Army, 
acting through the Chief of Engineers, is directed, in cooperation with 
State, county, and city officials and in consultation with the Des 
Moines River Greenbelt Advisory Committee, to provide highway and other 
signs appropriate to direct the public to the bike trail which runs 
from downtown Des Moines, Iowa, to the Big Creek Recreation area at the 
Corps of Engineers Saylorville Lake project and the wildlife refuge in 
Jasper and Marion Counties in Iowa authorized in Public Law 101-302: 
Provided further, That using $500,000 of the funds appropriated for the 
Passaic River Mainstem, New Jersey, project under the heading ``General 
Investigations'' in Public Law 103-126, the Secretary of the Army, 
acting through the Chief of Engineers, is directed to begin 
implementation of the Passaic River Preservation of Natural Storage 
Areas separable element of the Passaic River Flood Reduction Project, 
New Jersey.

 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), $302,990,000, to remain available until expended.

                   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, 
$1,701,180,000, to remain available until expended, of which such sums 
as become available in the Harbor Maintenance Trust Fund, pursuant to 
Public Law 99-662, may be derived from that fund, and of which such 
sums as become available from the special account established by the 
Land and Water Conservation Act of 1965, as amended (16 U.S.C. 460l), 
may be derived from that fund for construction, operation, and 
maintenance of outdoor recreation facilities, and of which funds are 
provided for the following projects in the amounts specified:
            Raystown Lake, Pennsylvania, $4,190,000; and
            Cooper Lake and Channels, Texas, $2,601,000:
Provided, That using $1,000,000 of the funds appropriated herein, the 
Secretary of the Army, acting through the Chief of Engineers, is 
directed to design and construct a landing at Guntersville, Alabama, as 
described in the Master Plan Report of the Nashville District titled 
``Guntersville Landing'' dated June, 1996.

                           regulatory program

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

                 flood control and coastal emergencies

    For expenses necessary for emergency flood control, hurricane, and 
shore protection activities, as authorized by section 5 of the Flood 
Control Act approved August 18, 1941, as amended, $10,000,000, to 
remain available until expended: Provided, That the Secretary of the 
Army, acting through the Chief of Engineers, is directed to use up to 
$8,000,000 of the funds appropriated herein and under this heading in 
Public Law 104-134 to rehabilitate non-Federal flood control levees 
along the Puyallup and Carbon Rivers in Pierce County, Washington.

                            general expenses

    For expenses necessary for general administration and related 
functions in the Office of the Chief of Engineers and offices of the 
Division Engineers; activities of the Coastal Engineering Research 
Board, the Humphreys Engineer Center Support Activity, the Engineering 
Strategic Studies Center, and the Water Resources Support Center, and 
for costs of implementing the Secretary of the Army's plan to reduce 
the number of division offices as directed in title I, Public Law 104-
46, $145,000,000, 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.

                       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

                       Corps of Engineers--Civil

    Sec. 101. (a) In fiscal year 1997, the Secretary of the Army shall 
advertise for competitive bid at least 10,000,000 cubic yards of the 
hopper dredge volume accomplished with government owned dredges in 
fiscal year 1992.
    (b) Notwithstanding the provisions of this section, the Secretary 
is authorized to use the dredge fleet of the Corps of Engineers to 
undertake projects when industry does not perform as required by the 
contract specifications or when the bids are more than 25 percent in 
excess of what the Secretary determines to be a fair and reasonable 
estimated cost of a well equipped contractor doing the work or to 
respond to emergency requirements.
    Sec. 102. None of the funds appropriated in this Act may be used to 
study, design, or undertake improvements of the Federal vessel, 
McFARLAND.

                                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, $14,548,000, to remain available until expended: Provided, 
That of the total appropriated, the amount for program activities which 
can be financed by the reclamation fund shall be derived from that 
fund: Provided further, That funds contributed by non-Federal entities 
for purposes similar to this appropriation shall be available for 
expenditure for the purposes for which contributed as though 
specifically appropriated for said purposes, and such amounts shall 
remain available until expended: Provided further, That of the total 
appropriated, $500,000 shall be available to complete the appraisal 
study and initiate preconstruction engineering and design for the Del 
Norte County and Crescent City, California, Wastewater Reclamation 
Project, and $500,000 shall be available to complete the appraisal 
study and initiate preconstruction engineering and design for the Fort 
Bragg, California, Water Supply Project.

                          construction program

                     (including transfer of funds)

    For construction and rehabilitation of projects and parts thereof 
(including power transmission facilities for Bureau of Reclamation use) 
and for other related activities as authorized by law, $377,496,000 
(reduced by $10,000,000), to remain available until expended, of which 
$23,410,000 (reduced by $9,500,000) 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 $51,155,000 shall be available 
for transfer to the Lower Colorado River Basin Development Fund 
authorized by section 403 of the Act of September 30, 1968 (43 U.S.C. 
1543), and such amounts as may be necessary shall be considered as 
though advanced to the Colorado River Dam Fund for the Boulder Canyon 
Project as authorized by the Act of December 21, 1928, as amended: 
Provided, That of the total appropriated, the amount for program 
activities which can be financed by the reclamation fund shall be 
derived from that fund: Provided further, That transfers to the Upper 
Colorado River Basin Fund and Lower Colorado River Basin Development 
Fund may be increased or decreased by transfers within the overall 
appropriation under this heading: Provided further, That funds 
contributed by non-Federal entities for purposes similar to this 
appropriation shall be available for expenditure for the purposes for 
which contributed as though specifically appropriated for said 
purposes, and such funds shall remain available until expended: 
Provided further, That all costs of the safety of dams modification 
work at Coolidge Dam, San Carlos Irrigation Project, Arizona, performed 
under the authority of the Reclamation Safety of Dams Act of 1978 (43 
U.S.C. 506), as amended, are in addition to the amount authorized in 
section 5 of said Act: Provided further, That utilizing funds 
appropriated for the Tucson Aqueduct System Reliability Investigation, 
the Bureau of Reclamation is directed to complete, by the end of fiscal 
year 1997, the environmental impact statement being conducted on the 
proposed surface reservoir. The Bureau of Reclamation is further 
directed to work with the City of Tucson on any outstanding issues 
related to the preferred alternative.

                       operation and maintenance

    For operation and maintenance of reclamation projects or parts 
thereof and other facilities, as authorized by law; and for a soil and 
moisture conservation program on lands under the jurisdiction of the 
Bureau of Reclamation, pursuant to law, $286,232,000, 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, $45,150,000, 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), 
$2,638,400,000 (reduced by $11,930,200) (increased by $42,103,200), to 
remain available until expended: Provided, That of the $13,102,000 made 
available to the Office of Energy Efficiency and Renewable Energy for 
program direction, $1,440,000 is available only for termination 
expenses related to reducing FTEs of the headquarters staff of that 
Office.

                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); $53,972,000, 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 $11,772,000.

      uranium enrichment decontamination and decommissioning fund

    For necessary expenses in carrying out uranium enrichment facility 
decontamination and decommissioning, remedial actions and other 
activities of title II of the Atomic Energy Act of 1954 and title X, 
subtitle A of the Energy Policy Act of 1992, $200,200,000, to be 
derived from the Fund, to remain available until expended: Provided, 
That $34,000,000 of amounts derived from the Fund for such expenses 
shall be available in accordance with title X, subtitle A, of the 
Energy Policy Act of 1992.

                general science and research activities

    For expenses of the Department of Energy activities including the 
purchase, construction and acquisition of plant and capital equipment 
and other expenses necessary for general science and research 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101, et seq.), including the acquisition 
or condemnation of any real property or facility or for plant or 
facility acquisition, construction, or expansion, $996,000,000, to 
remain available until expended.

                      nuclear waste disposal fund

    For nuclear waste disposal activities to carry out the purposes of 
Public Law 97-425, as amended, including the acquisition of real 
property or facility construction or expansion, $182,000,000, to remain 
available until expended, to be derived from the Nuclear Waste Fund, 
subject to authorization: Provided, That none of the funds provided 
herein shall be distributed to the State of Nevada or affected units of 
local government (as defined by Public Law 97-425) by direct payment, 
grant, or other means, for financial assistance under section 116 of 
the Nuclear Waste Policy Act of 1982, as amended: Provided further, 
That the foregoing proviso shall not apply to payments in lieu of taxes 
under section 116(c)(3)(A) of the Nuclear Waste Policy Act of 1982, as 
amended.

                      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), $195,000,000 
(reduced by $1,000,000), 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 $69,612,000: Provided further, That end 
of year employee levels for fiscal year 1997 may not exceed the 
following by organization: Board of Contract Appeals, 6; Chief 
Financial Officer, 192; Congressional, Public, and Intergovernmental 
Affairs, 35; Economic Impact and Diversity, 30; Field Management, 20; 
General Counsel, 153; Human Resources and Administration, 550; Office 
of the Secretary, 23; and Policy, 20.

                    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, $24,000,000 (increased by $1,000,000), 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), $3,684,378,000, 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), $5,409,310,000, to remain 
available until expended: Provided, That an additional amount of 
$134,500,000 is available for privatization initiatives.

                        other defense activities

    For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and other 
expenses necessary for atomic energy defense, other defense activities, 
in carrying out the purposes of the Department of Energy Organization 
Act (42 U.S.C. 7101, et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, and the purchase of 
passenger motor vehicles (not to exceed 2 for replacement only), 
$1,459,533,000, 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, 
$18,859,000, 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, 
$211,582,000, to remain available until expended, of which $203,687,000 
shall be derived from the Department of the Interior Reclamation Fund: 
Provided, That of the amount herein appropriated, $5,432,000 is for 
deposit into the Utah Reclamation Mitigation and Conservation Account 
pursuant to title IV of the Reclamation Projects Authorization and 
Adjustment Act of 1992: Provided further, That the Secretary of the 
Treasury is authorized to transfer from the Colorado River Dam Fund to 
the Western Area Power Administration $3,774,000 to carry out the power 
marketing and transmission activities of the Boulder Canyon project as 
provided in section 104(a)(4) of the Hoover Power Plant Act of 1984, to 
remain available until expended.

           falcon and amistad operating and maintenance fund

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

                  federal energy regulatory commission

                         salaries and expenses

    For necessary expenses of the Federal Energy Regulatory Commission 
to carry out the provisions of the Department of Energy Organization 
Act (42 U.S.C. 7101, et seq.), including services as authorized by 5 
U.S.C. 3109, the hire of passenger motor vehicles, and official 
reception and representation expenses (not to exceed $3,000), 
$141,290,000, to remain available until expended: Provided, That 
notwithstanding any other provision of law, not to exceed $141,290,000 
of revenues from fees and annual charges, and other services and 
collections in fiscal year 1997 shall be retained and used for 
necessary expenses in this account, and shall remain available until 
expended: Provided further, That the sum herein appropriated shall be 
reduced as revenues are received during fiscal year 1997 so as to 
result in a final fiscal year 1997 appropriation from the General Fund 
estimated at not more than $0.

                           General Provision

SEC. 301. PRIORITY PLACEMENT, JOB PLACEMENT, RETRAINING, AND COUNSELING 
              PROGRAMS FOR UNITED STATES DEPARTMENT OF ENERGY EMPLOYEES 
              AFFECTED BY A REDUCTION IN FORCE.

    (a) Definitions.--
            (1) for the purposes of this section, the term ``agency'' 
        means the United States Department of Energy.
            (2) For the purposes of this section, the term ``eligible 
        employee'' means any employee of the agency who--
                    (A) is scheduled to be separated from service due 
                to a reduction in force under--
                            (i) regulations prescribed under section 
                        3502 of title 5, United States Code; or
                            (ii) procedures established under section 
                        3595 of title 5, United States Code; or
                    (B) is separated from service due to such a 
                reduction in force, but does not include--
                            (i) an employee separated from service for 
                        cause on charges of misconduct or delinquency; 
                        or
                            (ii) an employee who, at the time of 
                        separation, meets the age and service 
                        requirements for an immediate annuity under 
                        subchapter III of chapter 83 or chapter 84 of 
                        title 5, United States Code.
    (b) Priority Placement and Retraining Program.--Not later than 30 
days after the date of the enactment of this Act, the United States 
Department of Energy shall establish an agency-wide priority placement 
and retraining program for eligible employees.
    (c) The priority placement program established under subsection (b) 
shall include provisions under which a vacant position shall not be 
filled by the appointment or transfer of any individual from outside of 
the agency if--
            (1) there is then available any eligible employee who 
        applies for the position within 30 days of the agency issuing a 
        job announcement and is qualified (or can be trained or 
        retrained to become qualified within 90 days of assuming the 
        position) for the position; and
            (2) the position is within the same commuting area as the 
        eligible employee's last-held position or residence.
    (d) Job Placement and Counseling Services.--The head of the agency 
may establish a program to provide job placement and counseling 
services to eligible employees.
            (1) Types of services.--A program established under 
        subsection (d) may include, but is not limited to, such 
        services as--
                    (A) career and personal counseling;
                    (B) training and job search skills; and
                    (C) job placement assistance, including assistance 
                provided through cooperative arrangements with State 
                and local employment services offices.

                                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, $155,331,000, 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, $12,000,000, to 
remain available until expended.

                     NUCLEAR REGULATORY COMMISSION

                         Salaries and Expenses

                     (including transfer of funds)

    For necessary expenses of the Commission in carrying out the 
purposes of the Energy Reorganization Act of 1974, as amended, and the 
Atomic Energy Act of 1954, as amended, including the employment of 
aliens; services authorized by 5 U.S.C. 3109; publication and 
dissemination of atomic information; purchase, repair, and cleaning of 
uniforms; official representation expenses (not to exceed $20,000); 
reimbursements to the General Services Administration for security 
guard services; hire of passenger motor vehicles and aircraft, 
$471,800,000, to remain available until expended: Provided, That of the 
amount appropriated herein, $11,000,000 shall be derived from the 
Nuclear Waste Fund, 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 
derived from the Nuclear Waste Fund, subject to the authorization 
required in this bill under the heading, ``Nuclear Waste Disposal 
Fund'', and to remain available until expended.

                       TENNESSEE VALLEY AUTHORITY

    For the purpose of carrying out the provisions of the Tennessee 
Valley Authority Act of 1933, as amended (16 U.S.C. ch. 12A), including 
hire, maintenance, and operation of aircraft, and purchase and hire of 
passenger motor vehicles, $97,169,000, to remain available until 
expended: Provided, That none of the funds provided herein shall be 
available for activities of the Environmental Research Center in Muscle 
Shoals, Alabama, except for necessary termination expenses: Provided 
further, That of the funds provided herein, not more than $5,000,000 
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 $16,000,000 shall be available 
for Economic Development activities.

                      TITLE V--GENERAL PROVISIONS

  Sec. 501. (a) Purchase of American-Made Equipment and Products.--It 
is the sense of the Congress that, to the greatest extent practicable, 
all equipment and products purchased with funds made available in this 
Act should be American-made.
  (b) Notice Requirement.--In providing financial assistance to, or 
entering into any contract with, any entity using funds made available 
in this Act, the head of each Federal agency, to the greatest extent 
practicable, shall provide to such entity a notice describing the 
statement made in subsection (a) by the Congress.
    (c) Prohibition of Contracts With Persons Falsely Labeling Products 
as Made in America.--If it has been finally determined by a court or 
Federal agency that any person intentionally affixed a label bearing a 
``Made in America'' inscription, or any inscription with the same 
meaning, to any product sold in or shipped to the United States that is 
not made in the United States, the person shall be ineligible to 
receive any contract or subcontract made with funds made available in 
this Act, pursuant to the debarment, suspension, and ineligibility 
procedures described in sections 9.400 through 9.409 of title 48, Code 
of Federal Regulations.
    Sec. 502. Section 508(f) of Public Law 104-46, the Energy and Water 
Development Appropriations Act, 1996, is repealed.
    Sec. 503. 42 U.S.C. 7262 is repealed.
    Sec. 504. Public Law 101-514, the Energy and Water Development 
Appropriations Act, 1991, is amended by striking ``: Provided'' and all 
that follows through ``nonreimbursable'' under the heading, 
``Construction, Rehabilitation, Operation and Maintenance, Western Area 
Power Administration''.
    Sec. 505. (a) None of the funds appropriated or otherwise made 
available by this Act may be used to determine the final point of 
discharge for the interceptor drain for the San Luis Unit until 
development by the Secretary of the Interior and the State of 
California of a plan, which shall conform to the water quality 
standards of the State of California as approved by the Administrator 
of the Environmental Protection Agency, to minimize any detrimental 
effect of the San Luis drainage waters.
    (b) The costs of the Kesterson Reservoir Cleanup Program and the 
costs of the San Joaquin Valley Drainage Program shall be classified by 
the Secretary of the Interior as reimbursable or nonreimbursable and 
collected until fully repaid pursuant to the ``Cleanup Program--
Alternative Repayment plan'' and the ``SJVDP--Alternative Repayment 
Plan'' described in the report entitled ``Repayment Report, Kesterson 
Reservoir Cleanup Program and San Joaquin Valley Drainage Program, 
February 1995'', prepared by the Department of the Interior, Bureau of 
Reclamation. Any future obligations of funds by the United States 
relating to, or providing for, drainage service or drainage studies for 
the San Luis Unit shall be fully reimbursable by San Luis Unit 
beneficiaries of such service or studies pursuant to Federal 
Reclamation law.
    Sec. 506. (a) Denial of Funds for Preventing ROTC Access to 
Campus.--None of the funds made available in this Act may be provided 
by contract or by grant (including a grant of funds to be available for 
student aid) to an institution of higher education when it is made 
known to the Federal official having authority to obligate or expend 
such funds that the institution (or any subelement thereof) has a 
policy or practice (regardless of when implemented) that prohibits, or 
in effect prevents--
            (1) the maintaining, establishing, or operation of a unit 
        of the Senior Reserve Officer Training Corps (in accordance 
        with section 654 of title 10, United States Code, and other 
        applicable Federal laws) at the institution (or subelement); or
            (2) a student at the institution (or subelement) from 
        enrolling in a unit of the Senior Reserve Officer Training 
        Corps at another institution of higher education.
    (b) Exception.--The limitation established in subsection (a) shall 
not apply to an institution of higher education when it is made known 
to the Federal official having authority to obligate or expend such 
funds that--
            (1) the institution (or subelement) has ceased the policy 
        or practice described in such subsection; or
            (2) the institution has a longstanding policy of pacifism 
        based on historical religious affiliation.
    Sec. 507. (a) Denial of Funds for Preventing Federal Military 
Recruiting on Campus.--None of the funds made available in this Act may 
be provided by contract or grant (including a grant of funds to be 
available for student aid) to any institution of higher education when 
it is made known to the Federal official having authority to obligate 
or expend such funds that the institution (or any subelement thereof) 
has a policy or practice (regardless of when implemented) that 
prohibits, or in effect prevents--
            (1) entry to campuses, or access to students (who are 17 
        years of age or older) on campuses, for purposes of Federal 
        military recruiting; or
            (2) access to the following information pertaining to 
        students (who are 17 years of age or older) for purposes of 
        Federal military recruiting: student names, addresses, 
        telephone listings, dates and places of birth, levels of 
        education, degrees received, prior military experience, and the 
        most recent previous educational institutions enrolled in by 
        the students.
    (b) Exception.--The limitation established in subsection (a) shall 
not apply to an institution of higher education when it is made known 
to the Federal official having authority to obligate or expend such 
funds that--
            (1) the institution (or subelement) has ceased the policy 
        or practice described in such subsection; or
            (2) the institution has a longstanding policy of pacifism 
        based on historical religious affiliation.
    Sec. 508. None of the funds made available in this Act may be 
obligated or expended to enter into or renew a contract with an entity 
when it is made known to the Federal official having authority to 
obligate or expend such funds that--
            (1) such entity is otherwise a contractor with the United 
        States and is subject to the requirement in section 4212(d) of 
        title 38, United States Code, regarding submission of an annual 
        report to the Secretary of Labor concerning employment of 
        certain veterans; and
            (2) such entity has not submitted a report as required by 
        that section for the most recent year for which such 
        requirement was applicable to such entity.
    Sec. 509. None of the funds made available in this Act may be used 
to revise the Missouri River Master Water Control Manual when it is 
made known to the Federal entity or official to which the funds are 
made available that such revision provides for an increase in the 
springtime water release program during the spring heavy rainfall and 
snow melt period in States that have rivers draining into the Missouri 
River below the Gavins Point Dam.
    Sec. 510. None of the funds made available to the Tennessee Valley 
Authority by this Act may be appropriated when it is made known to the 
Federal official having authority to obligate or expend such funds that 
the Tennessee Valley Authority is imposing a performance deposit on 
persons constructing docks or making other residential shoreline 
alterations.
    This Act may be cited as the ``Energy and Water Development 
Appropriations Act, 1997''.

            Passed the House of Representatives July 25, 1996.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.

                              By Linda Nave,

                                                          Deputy Clerk.
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