104TH CONGRESS

2D SESSION H. R. 3816

AN ACT

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

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 That the following sums are appropriated, out of any

2 money in the Treasury not otherwise appropriated, for the

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

4 water development, and for other purposes, namely:

5 TITLE I

6 DEPARTMENT OF DEFENSE—CIVIL

7 DEPARTMENT OF THE ARMY

8 CORPS OF ENGINEERS—CIVIL

9 The following appropriations shall be expended under

10 the direction of the Secretary of the Army and the super11 vision of the Chief of Engineers for authorized civil func12 tions of the Department of the Army pertaining to rivers

13 and harbors, flood control, beach erosion, and related pur14 poses.

15 GENERAL INVESTIGATIONS

16 For expenses necessary for the collection and study

17 of basic information pertaining to river and harbor, flood

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

19 authorized projects, miscellaneous investigations, and,

20 when authorized by laws, surveys and detailed studies and

21 plans and specifications of projects prior to construction,

22 $153,628,000, to remain available until expended, of

23 which funds are provided for the following projects in the

24 amounts specified:

25 Norco Bluffs, California, $180,000;
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1 San Joaquin River Basin, Caliente Creek, Cali2 fornia, $150,000;

3 Tampa Harbor, Alafia Channel, Florida,

4 $200,000;

5 Lake George, Hobart, Indiana, $100,000;

6 Little Calumet River Basin, Cady Marsh Ditch,

7 Indiana, $200,000;

8 Barnegat Inlet to Little Egg Harbor Inlet, New

9 Jersey, $558,000;

10 Brigantine Inlet to Great Egg Harbor Inlet,

11 New Jersey, $600,000;

12 Great Egg Harbor Inlet to Townsends Inlet,

13 New Jersey, $400,000;

14 Manasquan Inlet to Barnegat Inlet, New Jer15 sey, $400,000;

16 Townsends Inlet to Cape May Inlet, New Jer17 sey, $375,000;

18 South Shore of Staten Island, New York,

19 $300,000;

20 Mussers Dam, Middle Creek, Snyder County,

21 Pennsylvania, $450,000;

22 Monongahela River, West Virginia, $500,000;

23 Monongahela River, Fairmont, West Virginia,

24 $250,000; and
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1 Tygart River Basin, Philippi, West Virginia,

2 $250,000.

3 CONSTRUCTION, GENERAL

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

5 shore protection, and related projects authorized by laws;

6 and detailed studies, and plans and specifications, of

7 projects (including those for development with participa8 tion or under consideration for participation by States,

9 local governments, or private groups) authorized or made

10 eligible for selection by law (but such studies shall not con11 stitute a commitment of the Government to construction),

12 $1,035,394,000, to remain available until expended, of

13 which such sums as are necessary pursuant to Public Law

14 99–662 shall be derived from the Inland Waterways Trust

15 Fund, for one-half of the costs of construction and reha16 bilitation of inland waterways projects, including rehabili17 tation costs for the Lock and Dam 25, Mississippi River,

18 Illinois and Missouri, Lock and Dam 14, Mississippi

19 River, Iowa, and Lock and Dam 24, Mississippi River, Illi20 nois and Missouri, projects, and of which funds are pro21 vided for the following projects in the amounts specified:

22 San Timoteo Creek (Santa Ana River

23 Mainstem), California, $7,000,000;

24 Ohio River Flood Protection, Indiana,

25 $1,800,000;
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1 Indianapolis Central Waterfront, Indiana,

2 $8,000,000;

3 Indiana Shoreline Erosion, Indiana,

4 $2,200,000;

5 Harlan (Levisa and Tug Forks of the Big

6 Sandy River and Upper Cumberland River), Ken7 tucky, $18,500,000;

8 Martin County (Levisa and Tug Forks of the

9 Big Sandy River and Upper Cumberland River),

10 Kentucky, $350,000;

11 Middlesboro (Levisa and Tug Forks of the Big

12 Sandy River and Upper Cumberland River), Ken13 tucky, $2,000,000;

14 Pike County (Levisa and Tug Forks of the Big

15 Sandy River and Upper Cumberland River), Ken16 tucky, $2,000,000;

17 Town of Martin (Levisa and Tug Forks of the

18 Big Sandy River and Upper Cumberland River),

19 Kentucky, $300,000;

20 Williamsburg (Levisa and Tug Forks of the Big

21 Sandy River and Upper Cumberland River), Ken22 tucky, $4,050,000;

23 Salyersville, Kentucky, $3,500,000;

24 Lake Pontchartrain and Vicinity, Louisiana,

25 $18,525,000;
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1 Red River below Denison Dam Levee and Bank

2 Stabilization, Louisiana, Arkansas, and Texas,

3 $100,000;

4 Glen Foerd, Pennsylvania, $800,000;

5 South Central Pennsylvania Environmental

6 Restoration Infrastructure and Resource Protection

7 Development Pilot Program, Pennsylvania,

8 $10,000,000;

9 Wallisville Lake, Texas, $10,000,000;

10 Richmond Filtration Plant, Virginia,

11 $3,500,000; and

12 Virginia Beach, Virginia, $8,000,000:

13 Provided, That the Secretary of the Army, acting through

14 the Chief of Engineers, is directed to use $1,000,000 of

15 the funds appropriated in Public Law 104–46 for con16 struction of the Ohio River Flood Protection, Indiana,

17 project: Provided further, That the Secretary of the Army,

18 acting through the Chief of Engineers, is directed, in co19 operation with State, county, and city officials and in con20 sultation with the Des Moines River Greenbelt Advisory

21 Committee, to provide highway and other signs appro22 priate to direct the public to the bike trail which runs from

23 downtown Des Moines, Iowa, to the Big Creek Recreation

24 area at the Corps of Engineers Saylorville Lake project

25 and the wildlife refuge in Jasper and Marion Counties in
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1 Iowa authorized in Public Law 101–302: Provided further,

2 That using $500,000 of the funds appropriated for the

3 Passaic River Mainstem, New Jersey, project under the

4 heading ‘‘General Investigations’’ in Public Law 103–126,

5 the Secretary of the Army, acting through the Chief of

6 Engineers, is directed to begin implementation of the Pas7 saic River Preservation of Natural Storage Areas sepa8 rable element of the Passaic River Flood Reduction

9 Project, New Jersey.

10 FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBU11 TARIES, ARKANSAS, ILLINOIS, KENTUCKY, LOUISI12 ANA, MISSISSIPPI, MISSOURI, AND TENNESSEE

13 For expenses necessary for prosecuting work of flood

14 control, and rescue work, repair, restoration, or mainte15 nance of flood control projects threatened or destroyed by

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

17 $302,990,000, to remain available until expended.

18 OPERATION AND MAINTENANCE, GENERAL

19 For expenses necessary for the preservation, oper20 ation, maintenance, and care of existing river and harbor,

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

22 may be necessary for the maintenance of harbor channels

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

24 outside of harbor lines, and serving essential needs of gen25 eral commerce and navigation; surveys and charting of

26 northern and northwestern lakes and connecting waters;
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1 clearing and straightening channels; and removal of ob2 structions to navigation, $1,701,180,000, to remain avail3 able until expended, of which such sums as become avail4 able in the Harbor Maintenance Trust Fund, pursuant to

5 Public Law 99–662, may be derived from that fund, and

6 of which such sums as become available from the special

7 account established by the Land and Water Conservation

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

9 from that fund for construction, operation, and mainte10 nance of outdoor recreation facilities, and of which funds

11 are provided for the following projects in the amounts

12 specified:

13 Raystown Lake, Pennsylvania, $4,190,000; and

14 Cooper Lake and Channels, Texas, $2,601,000:

15 Provided, That using $1,000,000 of the funds appro16 priated herein, the Secretary of the Army, acting through

17 the Chief of Engineers, is directed to design and construct

18 a landing at Guntersville, Alabama, as described in the

19 Master Plan Report of the Nashville District titled

20 ‘‘Guntersville Landing’’ dated June, 1996.

21 REGULATORY PROGRAM

22 For expenses necessary for administration of laws

23 pertaining to regulation of navigable waters and wetlands,

24 $101,000,000, to remain available until expended.
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1 FLOOD CONTROL AND COASTAL EMERGENCIES

2 For expenses necessary for emergency flood control,

3 hurricane, and shore protection activities, as authorized

4 by section 5 of the Flood Control Act approved August

5 18, 1941, as amended, $10,000,000, to remain available

6 until expended: Provided, That the Secretary of the Army,

7 acting through the Chief of Engineers, is directed to use

8 up to $8,000,000 of the funds appropriated herein and

9 under this heading in Public Law 104–134 to rehabilitate

10 non-Federal flood control levees along the Puyallup and

11 Carbon Rivers in Pierce County, Washington.

12 GENERAL EXPENSES

13 For expenses necessary for general administration

14 and related functions in the Office of the Chief of Engi15 neers and offices of the Division Engineers; activities of

16 the Coastal Engineering Research Board, the Humphreys

17 Engineer Center Support Activity, the Engineering Stra18 tegic Studies Center, and the Water Resources Support

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

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

21 directed in title I, Public Law 104–46, $145,000,000, to

22 remain available until expended: Provided, That no part

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

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

25 the Chief of Engineers or the executive direction and man26 agement activities of the Division Offices.
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1 ADMINISTRATIVE PROVISIONS

2 Appropriations in this title shall be available for offi3 cial reception and representation expenses (not to exceed

4 $5,000); and during the current fiscal year the revolving

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

6 (not to exceed 100 for replacement only) and hire of pas7 senger motor vehicles.

8 GENERAL PROVISIONS

9 CORPS OF ENGINEERS—CIVIL

10 SEC. 101. (a) In fiscal year 1997, the Secretary of

11 the Army shall advertise for competitive bid at least

12 10,000,000 cubic yards of the hopper dredge volume ac13 complished with government owned dredges in fiscal year

14 1992.

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

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

17 of Engineers to undertake projects when industry does not

18 perform as required by the contract specifications or when

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

20 Secretary determines to be a fair and reasonable estimated

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

22 respond to emergency requirements.

23 SEC. 102. None of the funds appropriated in this Act

24 may be used to study, design, or undertake improvements

25 of the Federal vessel, McFARLAND.
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1 TITLE II

2 DEPARTMENT OF THE INTERIOR

3 CENTRAL UTAH PROJECT

4 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

5 For the purpose of carrying out provisions of the

6 Central Utah Project Completion Act, Public Law 102–

7 575 (106 Stat. 4605), and for feasibility studies of alter8 natives to the Uintah and Upalco Units, $42,527,000, to

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

10 shall be deposited into the Utah Reclamation Mitigation

11 and Conservation Account: Provided, That of the amounts

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

13 the Federal contribution authorized by paragraph

14 402(b)(2) of the Act and $11,700,000 shall be available

15 to the Utah Reclamation Mitigation and Conservation

16 Commission to carry out activities authorized under the

17 Act.

18 In addition, for necessary expenses incurred in carry19 ing out responsibilities of the Secretary of the Interior

20 under the Act, $1,100,000, to remain available until ex21 pended.

22 BUREAU OF RECLAMATION

23 For carrying out the functions of the Bureau of Rec24 lamation as provided in the Federal reclamation laws (Act

25 of June 17, 1902, 32 Stat. 388, and Acts amendatory
12

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1 thereof or supplementary thereto) and other Acts applica2 ble to that Bureau as follows:

3 GENERAL INVESTIGATIONS

4 For engineering and economic investigations of pro5 posed Federal reclamation projects and studies of water

6 conservation and development plans and activities prelimi7 nary to the reconstruction, rehabilitation and betterment,

8 financial adjustment, or extension of existing projects,

9 $14,548,000, to remain available until expended: Pro10 vided, That of the total appropriated, the amount for pro11 gram activities which can be financed by the reclamation

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

13 That funds contributed by non-Federal entities for pur14 poses similar to this appropriation shall be available for

15 expenditure for the purposes for which contributed as

16 though specifically appropriated for said purposes, and

17 such amounts shall remain available until expended: Pro18 vided further, That of the total appropriated, $500,000

19 shall be available to complete the appraisal study and initi20 ate preconstruction engineering and design for the Del

21 Norte County and Crescent City, California, Wastewater

22 Reclamation Project, and $500,000 shall be available to

23 complete the appraisal study and initiate preconstruction

24 engineering and design for the Fort Bragg, California,

25 Water Supply Project.
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1 CONSTRUCTION PROGRAM

2 (INCLUDING TRANSFER OF FUNDS)

3 For construction and rehabilitation of projects and

4 parts thereof (including power transmission facilities for

5 Bureau of Reclamation use) and for other related activi6 ties as authorized by law, $377,496,000 (reduced by

7 $10,000,000), to remain available until expended, of which

8 $23,410,000 (reduced by $9,500,000) shall be available

9 for transfer to the Upper Colorado River Basin Fund au10 thorized by section 5 of the Act of April 11, 1956 (43

11 U.S.C. 620d), and $51,155,000 shall be available for

12 transfer to the Lower Colorado River Basin Development

13 Fund authorized by section 403 of the Act of September

14 30, 1968 (43 U.S.C. 1543), and such amounts as may

15 be necessary shall be considered as though advanced to

16 the Colorado River Dam Fund for the Boulder Canyon

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

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

19 amount for program activities which can be financed by

20 the reclamation fund shall be derived from that fund: Pro21 vided further, That transfers to the Upper Colorado River

22 Basin Fund and Lower Colorado River Basin Develop23 ment Fund may be increased or decreased by transfers

24 within the overall appropriation under this heading: Pro25 vided further, That funds contributed by non-Federal enti26 ties for purposes similar to this appropriation shall be
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1 available for expenditure for the purposes for which con2 tributed as though specifically appropriated for said pur3 poses, and such funds shall remain available until ex4 pended: Provided further, That all costs of the safety of

5 dams modification work at Coolidge Dam, San Carlos Irri6 gation Project, Arizona, performed under the authority of

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

8 506), as amended, are in addition to the amount author9 ized in section 5 of said Act: Provided further, That utiliz10 ing funds appropriated for the Tucson Aqueduct System

11 Reliability Investigation, the Bureau of Reclamation is di12 rected to complete, by the end of fiscal year 1997, the

13 environmental impact statement being conducted on the

14 proposed surface reservoir. The Bureau of Reclamation is

15 further directed to work with the City of Tucson on any

16 outstanding issues related to the preferred alternative.

17 OPERATION AND MAINTENANCE

18 For operation and maintenance of reclamation

19 projects or parts thereof and other facilities, as authorized

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

21 on lands under the jurisdiction of the Bureau of Reclama22 tion, pursuant to law, $286,232,000, to remain available

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

24 the amount for program activities which can be financed

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

26 and the amount for program activities which can be de-
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1 rived from the special fee account established pursuant to

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

3 amended), may be derived from that fund: Provided fur4 ther, That funds advanced by water users for operation

5 and maintenance of reclamation projects or parts thereof

6 shall be deposited to the credit of this appropriation and

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

8 manner as sums appropriated herein may be expended,

9 and such advances shall remain available until expended:

10 Provided further, That revenues in the Upper Colorado

11 River Basin Fund shall be available for performing exam12 ination of existing structures on participating projects of

13 the Colorado River Storage Project.

14 BUREAU OF RECLAMATION LOAN PROGRAM ACCOUNT

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

16 $12,290,000, to remain available until expended, as au17 thorized by the Small Reclamation Projects Act of August

18 6, 1956, as amended (43 U.S.C. 422a–422l): Provided,

19 That such costs, including the cost of modifying such

20 loans, shall be as defined in section 502 of the Congres21 sional Budget Act of 1974: Provided further, That these

22 funds are available to subsidize gross obligations for the

23 principal amount of direct loans not to exceed

24 $37,000,000.

25 In addition, for administrative expenses necessary to

26 carry out the program for direct loans and/or grants,
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1 $425,000: Provided, That of the total sums appropriated,

2 the amount of program activities which can be financed

3 by the reclamation fund shall be derived from the fund.

4 CENTRAL VALLEY PROJECT RESTORATION FUND

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

6 habitat restoration, improvement, and acquisition provi7 sions of the Central Valley Project Improvement Act, such

8 sums as may be collected in the Central Valley Project

9 Restoration Fund pursuant to sections 3407(d),

10 3404(c)(3), 3405(f) and 3406(c)(1) of Public Law 102–

11 575, to remain available until expended: Provided, That

12 the Bureau of Reclamation is directed to levy additional

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

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

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

16 102–575.

17 GENERAL ADMINISTRATIVE EXPENSES

18 For necessary expenses of general administration and

19 related functions in the office of the Commissioner, the

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

21 of Reclamation, to remain available until expended,

22 $45,150,000, to be derived from the reclamation fund and

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

24 1945 (43 U.S.C. 377): Provided, That no part of any

25 other appropriation in this Act shall be available for activi-
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1 ties or functions budgeted for the current fiscal year as

2 general administrative expenses.

3 SPECIAL FUNDS

4 (TRANSFER OF FUNDS)

5 Sums herein referred to as being derived from the

6 reclamation fund or special fee account are appropriated

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

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

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

10 Such sums shall be transferred, upon request of the Sec11 retary, to be merged with and expended under the heads

12 herein specified.

13 ADMINISTRATIVE PROVISION

14 Appropriations for the Bureau of Reclamation shall

15 be available for purchase of not to exceed 6 passenger

16 motor vehicles for replacement only.

17 TITLE III

18 DEPARTMENT OF ENERGY

19 ENERGY PROGRAMS

20 ENERGY SUPPLY, RESEARCH AND DEVELOPMENT

21 ACTIVITIES

22 For expenses of the Department of Energy activities

23 including the purchase, construction and acquisition of

24 plant and capital equipment and other expenses necessary

25 for energy supply, research and development activities in

26 carrying out the purposes of the Department of Energy
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1 Organization Act (42 U.S.C. 7101, et seq.), including the

2 acquisition or condemnation of any real property or any

3 facility or for plant or facility acquisition, construction, or

4 expansion; purchase of passenger motor vehicles (not to

5 exceed 24 for replacement only), $2,638,400,000 (reduced

6 by $11,930,200) (increased by $42,103,200), to remain

7 available until expended: Provided, That of the

8 $13,102,000 made available to the Office of Energy Effi9 ciency and Renewable Energy for program direction,

10 $1,440,000 is available only for termination expenses re11 lated to reducing FTEs of the headquarters staff of that

12 Office.

13 URANIUM SUPPLY AND ENRICHMENT ACTIVITIES

14 For expenses of the Department of Energy in connec15 tion with operating expenses; the purchase, construction,

16 and acquisition of plant and capital equipment and other

17 expenses necessary for uranium supply and enrichment ac18 tivities in carrying out the purposes of the Department

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

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

21 including the acquisition or condemnation of any real

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

23 construction, or expansion; purchase of electricity as nec24 essary; and the purchase of passenger motor vehicles (not

25 to exceed 3 for replacement only); $53,972,000, to remain

26 available until expended: Provided, That revenues received
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1 by the Department for uranium programs and estimated

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

3 and used for the specific purpose of offsetting costs in4 curred by the Department for such activities notwith5 standing the provisions of 31 U.S.C. 3302(b) and 42

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

7 appropriated shall be reduced as revenues are received

8 during fiscal year 1997 so as to result in a final fiscal

9 year 1997 appropriation from the General Fund estimated

10 at not more than $11,772,000.

11 URANIUM ENRICHMENT DECONTAMINATION AND

12 DECOMMISSIONING FUND

13 For necessary expenses in carrying out uranium en14 richment facility decontamination and decommissioning,

15 remedial actions and other activities of title II of the

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

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

18 from the Fund, to remain available until expended: Pro19 vided, That $34,000,000 of amounts derived from the

20 Fund for such expenses shall be available in accordance

21 with title X, subtitle A, of the Energy Policy Act of 1992.

22 GENERAL SCIENCE AND RESEARCH ACTIVITIES

23 For expenses of the Department of Energy activities

24 including the purchase, construction and acquisition of

25 plant and capital equipment and other expenses necessary

26 for general science and research activities in carrying out
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1 the purposes of the Department of Energy Organization

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

3 or condemnation of any real property or facility or for

4 plant or facility acquisition, construction, or expansion,

5 $996,000,000, to remain available until expended.

6 NUCLEAR WASTE DISPOSAL FUND

7 For nuclear waste disposal activities to carry out the

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

9 the acquisition of real property or facility construction or

10 expansion, $182,000,000, to remain available until ex11 pended, to be derived from the Nuclear Waste Fund, sub12 ject to authorization: Provided, That none of the funds

13 provided herein shall be distributed to the State of Nevada

14 or affected units of local government (as defined by Public

15 Law 97–425) by direct payment, grant, or other means,

16 for financial assistance under section 116 of the Nuclear

17 Waste Policy Act of 1982, as amended: Provided further,

18 That the foregoing proviso shall not apply to payments

19 in lieu of taxes under section 116(c)(3)(A) of the Nuclear

20 Waste Policy Act of 1982, as amended.

21 DEPARTMENTAL ADMINISTRATION

22 For salaries and expenses of the Department of En23 ergy necessary for Departmental Administration in carry24 ing out the purposes of the Department of Energy Organi25 zation Act (42 U.S.C. 7101, et seq.), including the hire

26 of passenger motor vehicles and official reception and rep-
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1 resentation expenses (not to exceed $35,000),

2 $195,000,000 (reduced by $1,000,000), to remain avail3 able until expended, plus such additional amounts as nec4 essary to cover increases in the estimated amount of cost

5 of work for others notwithstanding the provisions of the

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

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

8 increases of the same or greater amount, to remain avail9 able until expended: Provided further, That moneys re10 ceived by the Department for miscellaneous revenues esti11 mated to total $125,388,000 in fiscal year 1997 may be

12 retained and used for operating expenses within this ac13 count, and may remain available until expended, as au14 thorized by section 201 of Public Law 95–238, notwith15 standing the provisions of 31 U.S.C. 3302: Provided fur16 ther, That the sum herein appropriated shall be reduced

17 by the amount of miscellaneous revenues received during

18 fiscal year 1997 so as to result in a final fiscal year 1997

19 appropriation from the General Fund estimated at not

20 more than $69,612,000: Provided further, That end of

21 year employee levels for fiscal year 1997 may not exceed

22 the following by organization: Board of Contract Appeals,

23 6; Chief Financial Officer, 192; Congressional, Public, and

24 Intergovernmental Affairs, 35; Economic Impact and Di25 versity, 30; Field Management, 20; General Counsel, 153;
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1 Human Resources and Administration, 550; Office of the

2 Secretary, 23; and Policy, 20.

3 OFFICE OF THE INSPECTOR GENERAL

4 For necessary expenses of the Office of the Inspector

5 General in carrying out the provisions of the Inspector

6 General Act of 1978, as amended, $24,000,000 (increased

7 by $1,000,000), to remain available until expended.

8 ATOMIC ENERGY DEFENSE ACTIVITIES

9 WEAPONS ACTIVITIES

10 For Department of Energy expenses, including the

11 purchase, construction and acquisition of plant and capital

12 equipment and other expenses necessary for atomic energy

13 defense weapons activities in carrying out the purposes of

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

15 7101, et seq.), including the acquisition or condemnation

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

17 acquisition, construction, or expansion; and the purchase

18 of passenger motor vehicles (not to exceed 94 for replace19 ment only), $3,684,378,000, to remain available until ex20 pended.

21 DEFENSE ENVIRONMENTAL RESTORATION AND WASTE

22 MANAGEMENT

23 For Department of Energy expenses, including the

24 purchase, construction and acquisition of plant and capital

25 equipment and other expenses necessary for atomic energy

26 defense environmental restoration and waste management
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1 activities in carrying out the purposes of the Department

2 of Energy Organization Act (42 U.S.C. 7101, et seq.), in3 cluding the acquisition or condemnation of any real prop4 erty or any facility or for plant or facility acquisition, con5 struction, or expansion; and the purchase of passenger

6 motor vehicles (not to exceed 20, of which 19 are for re7 placement only), $5,409,310,000, to remain available until

8 expended: Provided, That an additional amount of

9 $134,500,000 is available for privatization initiatives.

10 OTHER DEFENSE ACTIVITIES

11 For Department of Energy expenses, including the

12 purchase, construction and acquisition of plant and capital

13 equipment and other expenses necessary for atomic energy

14 defense, other defense activities, in carrying out the pur15 poses of the Department of Energy Organization Act (42

16 U.S.C. 7101, et seq.), including the acquisition or con17 demnation of any real property or any facility or for plant

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

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

20 replacement only), $1,459,533,000, to remain available

21 until expended.

22 DEFENSE NUCLEAR WASTE DISPOSAL

23 For nuclear waste disposal activities to carry out the

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

25 the acquisition of real property or facility construction or
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1 expansion, $200,000,000, to remain available until ex2 pended.

3 POWER MARKETING ADMINISTRATIONS

4 OPERATION AND MAINTENANCE, ALASKA POWER

5 ADMINISTRATION

6 For necessary expenses of operation and maintenance

7 of projects in Alaska and of marketing electric power and

8 energy, $4,000,000, to remain available until expended.

9 BONNEVILLE POWER ADMINISTRATION FUND

10 Expenditures from the Bonneville Power Administra11 tion Fund, established pursuant to Public Law 93–454,

12 are approved for official reception and representation ex13 penses in an amount not to exceed $3,000.

14 During fiscal year 1997, no new direct loan obliga15 tions may be made.

16 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

17 ADMINISTRATION

18 For necessary expenses of operation and maintenance

19 of power transmission facilities and of marketing electric

20 power and energy pursuant to the provisions of section

21 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as

22 applied to the southeastern power area, $18,859,000, to

23 remain available until expended.
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1 OPERATION AND MAINTENANCE, SOUTHWESTERN POWER

2 ADMINISTRATION

3 For necessary expenses of operation and maintenance

4 of power transmission facilities and of marketing electric

5 power and energy, and for construction and acquisition of

6 transmission lines, substations and appurtenant facilities,

7 and for administrative expenses, including official recep8 tion and representation expenses in an amount not to ex9 ceed $1,500 in carrying out the provisions of section 5

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

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

12 remain available until expended; in addition, notwith13 standing the provisions of 31 U.S.C. 3302, not to exceed

14 $3,787,000 in reimbursements, to remain available until

15 expended.

16 CONSTRUCTION, REHABILITATION, OPERATION AND

17 MAINTENANCE, WESTERN AREA POWER ADMINISTRATION

18 (INCLUDING TRANSFER OF FUNDS)

19 For carrying out the functions authorized by title III,

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

21 U.S.C. 7101, et seq.), and other related activities includ22 ing conservation and renewable resources programs as au23 thorized, including official reception and representation

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

25 $211,582,000, to remain available until expended, of

26 which $203,687,000 shall be derived from the Department
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1 of the Interior Reclamation Fund: Provided, That of the

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

3 into the Utah Reclamation Mitigation and Conservation

4 Account pursuant to title IV of the Reclamation Projects

5 Authorization and Adjustment Act of 1992: Provided fur6 ther, That the Secretary of the Treasury is authorized to

7 transfer from the Colorado River Dam Fund to the West8 ern Area Power Administration $3,774,000 to carry out

9 the power marketing and transmission activities of the

10 Boulder Canyon project as provided in section 104(a)(4)

11 of the Hoover Power Plant Act of 1984, to remain avail12 able until expended.

13 FALCON AND AMISTAD OPERATING AND MAINTENANCE

14 FUND

15 For operation, maintenance, and emergency costs for

16 the hydroelectric facilities at the Falcon and Amistad

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

18 to be derived from the Falcon and Amistad Operating and

19 Maintenance Fund of the Western Area Power Adminis20 tration, as provided in section 423 of the Foreign Rela21 tions Authorization Act, fiscal years 1994 and 1995.

22 FEDERAL ENERGY REGULATORY COMMISSION

23 SALARIES AND EXPENSES

24 For necessary expenses of the Federal Energy Regu25 latory Commission to carry out the provisions of the De26 partment of Energy Organization Act (42 U.S.C. 7101,
27

•HR 3816 EH

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

2 3109, the hire of passenger motor vehicles, and official

3 reception and representation expenses (not to exceed

4 $3,000), $141,290,000, to remain available until ex5 pended: Provided, That notwithstanding any other provi6 sion of law, not to exceed $141,290,000 of revenues from

7 fees and annual charges, and other services and collections

8 in fiscal year 1997 shall be retained and used for nec9 essary expenses in this account, and shall remain available

10 until expended: Provided further, That the sum herein ap11 propriated shall be reduced as revenues are received dur12 ing fiscal year 1997 so as to result in a final fiscal year

13 1997 appropriation from the General Fund estimated at

14 not more than $0.

15 GENERAL PROVISION

16 SEC. 301. PRIORITY PLACEMENT, JOB PLACEMENT, RE17 TRAINING, AND COUNSELING PROGRAMS

18 FOR UNITED STATES DEPARTMENT OF EN19 ERGY EMPLOYEES AFFECTED BY A REDUC20 TION IN FORCE.

21 (a) DEFINITIONS.—

22 (1) for the purposes of this section, the term

23 ‘‘agency’’ means the United States Department of

24 Energy.
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1 (2) For the purposes of this section, the term

2 ‘‘eligible employee’’ means any employee of the agen3 cy who—

4 (A) is scheduled to be separated from serv5 ice due to a reduction in force under—

6 (i) regulations prescribed under sec7 tion 3502 of title 5, United States Code; or

8 (ii) procedures established under sec9 tion 3595 of title 5, United States Code; or

10 (B) is separated from service due to such

11 a reduction in force, but does not include—

12 (i) an employee separated from service

13 for cause on charges of misconduct or de14 linquency; or

15 (ii) an employee who, at the time of

16 separation, meets the age and service re17 quirements for an immediate annuity

18 under subchapter III of chapter 83 or

19 chapter 84 of title 5, United States Code.

20 (b) PRIORITY PLACEMENT AND RETRAINING PRO21 GRAM.—Not later than 30 days after the date of the en22 actment of this Act, the United States Department of En23 ergy shall establish an agency-wide priority placement and

24 retraining program for eligible employees.
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1 (c) The priority placement program established under

2 subsection (b) shall include provisions under which a va3 cant position shall not be filled by the appointment or

4 transfer of any individual from outside of the agency if—

5 (1) there is then available any eligible employee

6 who applies for the position within 30 days of the

7 agency issuing a job announcement and is qualified

8 (or can be trained or retrained to become qualified

9 within 90 days of assuming the position) for the po10 sition; and

11 (2) the position is within the same commuting

12 area as the eligible employee’s last-held position or

13 residence.

14 (d) JOB PLACEMENT AND COUNSELING SERVICES.—

15 The head of the agency may establish a program to pro16 vide job placement and counseling services to eligible em17 ployees.

18 (1) TYPES OF SERVICES.—A program estab19 lished under subsection (d) may include, but is not

20 limited to, such services as—

21 (A) career and personal counseling;

22 (B) training and job search skills; and

23 (C) job placement assistance, including as24 sistance provided through cooperative arrange-
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•HR 3816 EH

1 ments with State and local employment services

2 offices.

3 TITLE IV

4 INDEPENDENT AGENCIES

5 APPALACHIAN REGIONAL COMMISSION

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

8 1965, as amended, notwithstanding section 405 of said

9 Act, and for necessary expenses for the Federal Co-Chair10 man and the alternate on the Appalachian Regional Com11 mission and for payment of the Federal share of the ad12 ministrative expenses of the Commission, including serv13 ices as authorized by 5 U.S.C. 3109, and hire of passenger

14 motor vehicles, $155,331,000, to remain available until ex15 pended.

16 DEFENSE NUCLEAR FACILITIES SAFETY

17 BOARD

18 SALARIES AND EXPENSES

19 For necessary expenses of the Defense Nuclear Fa20 cilities Safety Board in carrying out activities authorized

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

22 Law 100–456, section 1441, $12,000,000, to remain

23 available until expended.
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1 NUCLEAR REGULATORY COMMISSION

2 SALARIES AND EXPENSES

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses of the Commission in carry5 ing out the purposes of the Energy Reorganization Act

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

7 as amended, including the employment of aliens; services

8 authorized by 5 U.S.C. 3109; publication and dissemina9 tion of atomic information; purchase, repair, and cleaning

10 of uniforms; official representation expenses (not to exceed

11 $20,000); reimbursements to the General Services Admin12 istration for security guard services; hire of passenger

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

14 available until expended: Provided, That of the amount ap15 propriated herein, $11,000,000 shall be derived from the

16 Nuclear Waste Fund, subject to the authorization required

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

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

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

20 Government for the performance of the work for which

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

22 so transferred may be merged with the appropriation to

23 which transferred: Provided further, That moneys received

24 by the Commission for the cooperative nuclear safety re25 search program, services rendered to foreign governments
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•HR 3816 EH

1 and international organizations, and the material and in2 formation access authorization programs, including crimi3 nal history checks under section 149 of the Atomic Energy

4 Act may be retained and used for salaries and expenses

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

6 3302, and shall remain available until expended: Provided

7 further, That revenues from licensing fees, inspection serv8 ices, and other services and collections estimated at

9 $457,300,000 in fiscal year 1997 shall be retained and

10 used for necessary salaries and expenses in this account,

11 notwithstanding 31 U.S.C. 3302, and shall remain avail12 able until expended: Provided further, That the funds here13 in appropriated for regulatory reviews and other activities

14 pertaining to waste stored at the Hanford site, Washing15 ton, shall be excluded from license fee revenues, notwith16 standing 42 U.S.C. 2214: Provided further, That the sum

17 herein appropriated shall be reduced by the amount of rev18 enues received during fiscal year 1997 from licensing fees,

19 inspection services and other services and collections, ex20 cluding those moneys received for the cooperative nuclear

21 safety research program, services rendered to foreign gov22 ernments and international organizations, and the mate23 rial and information access authorization programs, so as

24 to result in a final fiscal year 1997 appropriation esti25 mated at not more than $14,500,000.
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•HR 3816 EH

1 OFFICE OF INSPECTOR GENERAL

2 (INCLUDING TRANSFER OF FUNDS)

3 For necessary expenses of the Office of Inspector

4 General in carrying out the provisions of the Inspector

5 General Act of 1978, as amended, including services au6 thorized by 5 U.S.C. 3109, $5,000,000, to remain avail7 able until expended; and in addition, an amount not to

8 exceed 5 percent of this sum may be transferred from Sal9 aries and Expenses, Nuclear Regulatory Commission: Pro10 vided, That notice of such transfers shall be given to the

11 Committees on Appropriations of the House and Senate:

12 Provided further, That from this appropriation, transfers

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

14 for the performance of the work for which this appropria15 tion is made, and in such cases the sums so transferred

16 may be merged with the appropriation to which trans17 ferred: Provided further, That revenues from licensing

18 fees, inspection services, and other services and collections

19 shall be retained and used for necessary salaries and ex20 penses in this account, notwithstanding 31 U.S.C. 3302,

21 and shall remain available until expended: Provided fur22 ther, That the sum herein appropriated shall be reduced

23 by the amount of revenues received during fiscal year

24 1997 from licensing fees, inspection services, and other
34

•HR 3816 EH

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

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

3 NUCLEAR WASTE TECHNICAL REVIEW BOARD

4 SALARIES AND EXPENSES

5 For necessary expenses of the Nuclear Waste Tech6 nical Review Board, as authorized by Public Law 100–

7 203, section 5051, $2,531,000, to be derived from the Nu8 clear Waste Fund, subject to the authorization required

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

10 Fund’’, and to remain available until expended.

11 TENNESSEE VALLEY AUTHORITY

12 For the purpose of carrying out the provisions of the

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

14 U.S.C. ch. 12A), including hire, maintenance, and oper15 ation of aircraft, and purchase and hire of passenger

16 motor vehicles, $97,169,000, to remain available until ex17 pended: Provided, That none of the funds provided herein

18 shall be available for activities of the Environmental Re19 search Center in Muscle Shoals, Alabama, except for nec20 essary termination expenses: Provided further, That of the

21 funds provided herein, not more than $5,000,000 shall be

22 made available for operation, maintenance, improvement,

23 and surveillance of Land Between the Lakes: Provided fur24 ther, That of the amount provided herein, not more than
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•HR 3816 EH

1 $16,000,000 shall be available for Economic Development

2 activities.

3 TITLE V—GENERAL PROVISIONS

4 SEC. 501. (a) PURCHASE OF AMERICAN-MADE EQUIP5 MENT AND PRODUCTS.—It is the sense of the Congress

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

7 products purchased with funds made available in this Act

8 should be American-made.

9 (b) NOTICE REQUIREMENT.—In providing financial as10 sistance to, or entering into any contract with, any entity

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

12 Federal agency, to the greatest extent practicable, shall

13 provide to such entity a notice describing the statement

14 made in subsection (a) by the Congress.

15 (c) PROHIBITION OF CONTRACTS WITH PERSONS

16 FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—

17 If it has been finally determined by a court or Federal

18 agency that any person intentionally affixed a label bear19 ing a ‘‘Made in America’’ inscription, or any inscription

20 with the same meaning, to any product sold in or shipped

21 to the United States that is not made in the United

22 States, the person shall be ineligible to receive any con23 tract or subcontract made with funds made available in

24 this Act, pursuant to the debarment, suspension, and ineli-
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•HR 3816 EH

1 gibility procedures described in sections 9.400 through

2 9.409 of title 48, Code of Federal Regulations.

3 SEC. 502. Section 508(f) of Public Law 104–46, the

4 Energy and Water Development Appropriations Act,

5 1996, is repealed.

6 SEC. 503. 42 U.S.C. 7262 is repealed.

7 SEC. 504. Public Law 101–514, the Energy and

8 Water Development Appropriations Act, 1991, is amended

9 by striking ‘‘: Provided’’ and all that follows through ‘‘non10 reimbursable’’ under the heading, ‘‘Construction, Reha11 bilitation, Operation and Maintenance, Western Area

12 Power Administration’’.

13 SEC. 505. (a) None of the funds appropriated or oth14 erwise made available by this Act may be used to deter15 mine the final point of discharge for the interceptor drain

16 for the San Luis Unit until development by the Secretary

17 of the Interior and the State of California of a plan, which

18 shall conform to the water quality standards of the State

19 of California as approved by the Administrator of the En20 vironmental Protection Agency, to minimize any detrimen21 tal effect of the San Luis drainage waters.

22 (b) The costs of the Kesterson Reservoir Cleanup

23 Program and the costs of the San Joaquin Valley Drain24 age Program shall be classified by the Secretary of the

25 Interior as reimbursable or nonreimbursable and collected
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1 until fully repaid pursuant to the ‘‘Cleanup Program—

2 Alternative Repayment plan’’ and the ‘‘SJVDP—Alter3 native Repayment Plan’’ described in the report entitled

4 ‘‘Repayment Report, Kesterson Reservoir Cleanup Pro5 gram and San Joaquin Valley Drainage Program, Feb6 ruary 1995’’, prepared by the Department of the Interior,

7 Bureau of Reclamation. Any future obligations of funds

8 by the United States relating to, or providing for, drainage

9 service or drainage studies for the San Luis Unit shall

10 be fully reimbursable by San Luis Unit beneficiaries of

11 such service or studies pursuant to Federal Reclamation

12 law.

13 SEC. 506. (a) DENIAL OF FUNDS FOR PREVENTING

14 ROTC ACCESS TO CAMPUS.—None of the funds made

15 available in this Act may be provided by contract or by

16 grant (including a grant of funds to be available for stu17 dent aid) to an institution of higher education when it is

18 made known to the Federal official having authority to

19 obligate or expend such funds that the institution (or any

20 subelement thereof) has a policy or practice (regardless

21 of when implemented) that prohibits, or in effect pre22 vents—

23 (1) the maintaining, establishing, or operation

24 of a unit of the Senior Reserve Officer Training

25 Corps (in accordance with section 654 of title 10,
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1 United States Code, and other applicable Federal

2 laws) at the institution (or subelement); or

3 (2) a student at the institution (or subelement)

4 from enrolling in a unit of the Senior Reserve Offi5 cer Training Corps at another institution of higher

6 education.

7 (b) EXCEPTION.—The limitation established in sub8 section (a) shall not apply to an institution of higher edu9 cation when it is made known to the Federal official hav10 ing authority to obligate or expend such funds that—

11 (1) the institution (or subelement) has ceased

12 the policy or practice described in such subsection;

13 or

14 (2) the institution has a longstanding policy of

15 pacifism based on historical religious affiliation.

16 SEC. 507. (a) DENIAL OF FUNDS FOR PREVENTING

17 FEDERAL MILITARY RECRUITING ON CAMPUS.—None of

18 the funds made available in this Act may be provided by

19 contract or grant (including a grant of funds to be avail20 able for student aid) to any institution of higher education

21 when it is made known to the Federal official having au22 thority to obligate or expend such funds that the institu23 tion (or any subelement thereof) has a policy or practice

24 (regardless of when implemented) that prohibits, or in ef25 fect prevents—
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1 (1) entry to campuses, or access to students

2 (who are 17 years of age or older) on campuses, for

3 purposes of Federal military recruiting; or

4 (2) access to the following information pertain5 ing to students (who are 17 years of age or older)

6 for purposes of Federal military recruiting: student

7 names, addresses, telephone listings, dates and

8 places of birth, levels of education, degrees received,

9 prior military experience, and the most recent pre10 vious educational institutions enrolled in by the stu11 dents.

12 (b) EXCEPTION.—The limitation established in sub13 section (a) shall not apply to an institution of higher edu14 cation when it is made known to the Federal official hav15 ing authority to obligate or expend such funds that—

16 (1) the institution (or subelement) has ceased

17 the policy or practice described in such subsection;

18 or

19 (2) the institution has a longstanding policy of

20 pacifism based on historical religious affiliation.

21 SEC. 508. None of the funds made available in this

22 Act may be obligated or expended to enter into or renew

23 a contract with an entity when it is made known to the

24 Federal official having authority to obligate or expend

25 such funds that—
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•HR 3816 EH

1 (1) such entity is otherwise a contractor with

2 the United States and is subject to the requirement

3 in section 4212(d) of title 38, United States Code,

4 regarding submission of an annual report to the Sec5 retary of Labor concerning employment of certain

6 veterans; and

7 (2) such entity has not submitted a report as

8 required by that section for the most recent year for

9 which such requirement was applicable to such en10 tity.

11 SEC. 509. None of the funds made available in this

12 Act may be used to revise the Missouri River Master

13 Water Control Manual when it is made known to the Fed14 eral entity or official to which the funds are made available

15 that such revision provides for an increase in the spring16 time water release program during the spring heavy rain17 fall and snow melt period in States that have rivers drain18 ing into the Missouri River below the Gavins Point Dam.

19 SEC. 510. None of the funds made available to the

20 Tennessee Valley Authority by this Act may be appro21 priated when it is made known to the Federal official hav22 ing authority to obligate or expend such funds that the

23 Tennessee Valley Authority is imposing a performance de24 posit on persons constructing docks or making other resi25 dential shoreline alterations.
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1 This Act may be cited as the ‘‘Energy and Water De2 velopment Appropriations Act, 1997’’.

Passed the House of Representatives July 25, 1996.

Attest:

Clerk.