IB

Union Calendar No. 350

104TH CONGRESS

2D SESSION H. R. 3816

[Report No. 104–679]

Making appropriations for energy and water development for the fiscal year

ending September 30, 1997, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JULY 16, 1996

Mr. MYERS of Indiana, from the Committee on Appropriations, reported the

following bill; which was committed to the Committee of the Whole House

on the State of the Union and ordered to be printed

A BILL

Making appropriations for energy and water development

for the fiscal year ending September 30, 1997, and for

other purposes.

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

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

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

6 water development, and for other purposes, namely:
2

•HR 3816 RH

1 TITLE I

2 DEPARTMENT OF DEFENSE—CIVIL

3 DEPARTMENT OF THE ARMY

4 CORPS OF ENGINEERS—CIVIL

5 The following appropriations shall be expended under

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

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

11 GENERAL INVESTIGATIONS

12 For expenses necessary for the collection and study

13 of basic information pertaining to river and harbor, flood

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

15 authorized projects, miscellaneous investigations, and,

16 when authorized by laws, surveys and detailed studies and

17 plans and specifications of projects prior to construction,

18 $153,628,000, to remain available until expended, of

19 which funds are provided for the following projects in the

20 amounts specified:

21 Norco Bluffs, California, $180,000;

22 San Joaquin River Basin, Caliente Creek, Cali23 fornia, $150,000;

24 Tampa Harbor, Alafia Channel, Florida,

25 $200,000;

26 Lake George, Hobart, Indiana, $100,000;
3

•HR 3816 RH

1 Little Calumet River Basin, Cady Marsh Ditch,

2 Indiana, $200,000;

3 Barnegat Inlet to Little Egg Harbor Inlet, New

4 Jersey, $558,000;

5 Brigantine Inlet to Great Egg Harbor Inlet,

6 New Jersey, $600,000;

7 Great Egg Harbor Inlet to Townsends Inlet,

8 New Jersey, $400,000;

9 Manasquan Inlet to Barnegat Inlet, New Jer10 sey, $400,000;

11 Townsends Inlet to Cape May Inlet, New Jer12 sey, $375,000;

13 South Shore of Staten Island, New York,

14 $300,000;

15 Mussers Dam, Middle Creek, Snyder County,

16 Pennsylvania, $450,000;

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

18 Monongahela River, Fairmont, West Virginia,

19 $250,000; and

20 Tygart River Basin, Philippi, West Virginia,

21 $250,000.

22 CONSTRUCTION, GENERAL

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

24 shore protection, and related projects authorized by laws;

25 and detailed studies, and plans and specifications, of

26 projects (including those for development with participa-
4

•HR 3816 RH

1 tion or under consideration for participation by States,

2 local governments, or private groups) authorized or made

3 eligible for selection by law (but such studies shall not con4 stitute a commitment of the Government to construction),

5 $1,035,394,000, to remain available until expended, of

6 which such sums as are necessary pursuant to Public Law

7 99–662 shall be derived from the Inland Waterways Trust

8 Fund, for one-half of the costs of construction and reha9 bilitation of inland waterways projects, including rehabili10 tation costs for the Lock and Dam 25, Mississippi River,

11 Illinois and Missouri, Lock and Dam 14, Mississippi

12 River, Iowa, and Lock and Dam 24, Mississippi River, Illi13 nois and Missouri, projects, and of which funds are pro14 vided for the following projects in the amounts specified:

15 San Timoteo Creek (Santa Ana River

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

17 Ohio River Flood Protection, Indiana,

18 $1,800,000;

19 Indianapolis Central Waterfront, Indiana,

20 $8,000,000;

21 Indiana Shoreline Erosion, Indiana,

22 $2,200,000;

23 Harlan (Levisa and Tug Forks of the Big

24 Sandy River and Upper Cumberland River), Ken25 tucky, $18,500,000;
5

•HR 3816 RH

1 Martin County (Levisa and Tug Forks of the

2 Big Sandy River and Upper Cumberland River),

3 Kentucky, $350,000;

4 Middlesboro (Levisa and Tug Forks of the Big

5 Sandy River and Upper Cumberland River), Ken6 tucky, $2,000,000;

7 Pike County (Levisa and Tug Forks of the Big

8 Sandy River and Upper Cumberland River), Ken9 tucky, $2,000,000;

10 Town of Martin (Levisa and Tug Forks of the

11 Big Sandy River and Upper Cumberland River),

12 Kentucky, $300,000;

13 Williamsburg (Levisa and Tug Forks of the Big

14 Sandy River and Upper Cumberland River), Ken15 tucky, $4,050,000;

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

17 Lake Pontchartrain and Vicinity, Louisiana,

18 $18,525,000;

19 Red River below Denison Dam Levee and Bank

20 Stabilization, Louisiana, Arkansas, and Texas,

21 $100,000;

22 Glen Foerd, Pennsylvania, $800,000;

23 South Central Pennsylvania Environmental

24 Restoration Infrastructure and Resource Protection
6

•HR 3816 RH

1 Development Pilot Program, Pennsylvania,

2 $10,000,000;

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

4 Richmond Filtration Plant, Virginia,

5 $3,500,000; and

6 Virginia Beach, Virginia, $8,000,000:

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

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

9 the funds appropriated in Public Law 104–46 for con10 struction of the Ohio River Flood Protection, Indiana,

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

12 acting through the Chief of Engineers, is directed, in co13 operation with State, county, and city officials and in con14 sultation with the Des Moines River Greenbelt Advisory

15 Committee, to provide highway and other signs appro16 priate to direct the public to the bike trail which runs from

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

18 area at the Corps of Engineers Saylorville Lake project

19 and the wildlife refuge in Jasper and Marion Counties in

20 Iowa authorized in Public Law 101–302: Provided further,

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

22 Passaic River Mainstem, New Jersey, project under the

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

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

25 Engineers, is directed to begin implementation of the Pas-
7

•HR 3816 RH

1 saic River Preservation of Natural Storage Areas sepa2 rable element of the Passaic River Flood Reduction

3 Project, New Jersey.

4 FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBU5 TARIES, ARKANSAS, ILLINOIS, KENTUCKY, LOUISI6 ANA, MISSISSIPPI, MISSOURI, AND TENNESSEE

7 For expenses necessary for prosecuting work of flood

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

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

11 $302,990,000, to remain available until expended.

12 OPERATION AND MAINTENANCE, GENERAL

13 For expenses necessary for the preservation, oper14 ation, maintenance, and care of existing river and harbor,

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

16 may be necessary for the maintenance of harbor channels

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

18 outside of harbor lines, and serving essential needs of gen19 eral commerce and navigation; surveys and charting of

20 northern and northwestern lakes and connecting waters;

21 clearing and straightening channels; and removal of ob22 structions to navigation, $1,701,180,000, to remain avail23 able until expended, of which such sums as become avail24 able in the Harbor Maintenance Trust Fund, pursuant to

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

26 of which such sums as become available from the special
8

•HR 3816 RH

1 account established by the Land and Water Conservation

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

3 from that fund for construction, operation, and mainte4 nance of outdoor recreation facilities, and of which funds

5 are provided for the following projects in the amounts

6 specified:

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

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

9 Provided, That using $1,000,000 of the funds appro10 priated herein, the Secretary of the Army, acting through

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

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

13 Master Plan Report of the Nashville District titled

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

15 REGULATORY PROGRAM

16 For expenses necessary for administration of laws

17 pertaining to regulation of navigable waters and wetlands,

18 $101,000,000, to remain available until expended.

19 FLOOD CONTROL AND COASTAL EMERGENCIES

20 For expenses necessary for emergency flood control,

21 hurricane, and shore protection activities, as authorized

22 by section 5 of the Flood Control Act approved August

23 18, 1941, as amended, $10,000,000, to remain available

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

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

26 up to $8,000,000 of the funds appropriated herein and
9

•HR 3816 RH

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

2 non-Federal flood control levees along the Puyallup and

3 Carbon Rivers in Pierce County, Washington.

4 GENERAL EXPENSES

5 For expenses necessary for general administration

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

8 the Coastal Engineering Research Board, the Humphreys

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

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

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

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

14 remain available until expended: Provided, That no part

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

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

17 the Chief of Engineers or the executive direction and man18 agement activities of the Division Offices.

19 ADMINISTRATIVE PROVISIONS

20 Appropriations in this title shall be available for offi21 cial reception and representation expenses (not to exceed

22 $5,000); and during the current fiscal year the revolving

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

24 (not to exceed 100 for replacement only) and hire of pas25 senger motor vehicles.
10

•HR 3816 RH

1 GENERAL PROVISIONS

2 CORPS OF ENGINEERS—CIVIL

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

4 the Army shall advertise for competitive bid at least

5 10,000,000 cubic yards of the hopper dredge volume ac6 complished with government owned dredges in fiscal year

7 1992.

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

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

10 of Engineers to undertake projects when industry does not

11 perform as required by the contract specifications or when

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

13 Secretary determines to be a fair and reasonable estimated

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

15 respond to emergency requirements.

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

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

18 of the Federal vessel, McFARLAND.

19 TITLE II

20 DEPARTMENT OF THE INTERIOR

21 CENTRAL UTAH PROJECT

22 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

23 For the purpose of carrying out provisions of the

24 Central Utah Project Completion Act, Public Law 102–

25 575 (106 Stat. 4605), and for feasibility studies of alter-
11

•HR 3816 RH

1 natives to the Uintah and Upalco Units, $42,527,000, to

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

3 shall be deposited into the Utah Reclamation Mitigation

4 and Conservation Account: Provided, That of the amounts

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

6 the Federal contribution authorized by paragraph

7 402(b)(2) of the Act and $11,700,000 shall be available

8 to the Utah Reclamation Mitigation and Conservation

9 Commission to carry out activities authorized under the

10 Act.

11 In addition, for necessary expenses incurred in carry12 ing out responsibilities of the Secretary of the Interior

13 under the Act, $1,100,000, to remain available until ex14 pended.

15 BUREAU OF RECLAMATION

16 For carrying out the functions of the Bureau of Rec17 lamation as provided in the Federal reclamation laws (Act

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

19 thereof or supplementary thereto) and other Acts applica20 ble to that Bureau as follows:

21 GENERAL INVESTIGATIONS

22 For engineering and economic investigations of pro23 posed Federal reclamation projects and studies of water

24 conservation and development plans and activities prelimi25 nary to the reconstruction, rehabilitation and betterment,

26 financial adjustment, or extension of existing projects,
12

•HR 3816 RH

1 $14,548,000, to remain available until expended: Pro2 vided, That of the total appropriated, the amount for pro3 gram activities which can be financed by the reclamation

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

5 That funds contributed by non-Federal entities for pur6 poses similar to this appropriation shall be available for

7 expenditure for the purposes for which contributed as

8 though specifically appropriated for said purposes, and

9 such amounts shall remain available until expended: Pro10 vided further, That of the total appropriated, $500,000

11 shall be available to complete the appraisal study and initi12 ate preconstruction engineering and design for the Del

13 Norte County and Crescent City, California, Wastewater

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

15 complete the appraisal study and initiate preconstruction

16 engineering and design for the Fort Bragg, California,

17 Water Supply Project.

18 CONSTRUCTION PROGRAM

19 (INCLUDING TRANSFER OF FUNDS)

20 For construction and rehabilitation of projects and

21 parts thereof (including power transmission facilities for

22 Bureau of Reclamation use) and for other related activi23 ties as authorized by law, $398,069,000, to remain avail24 able until expended, of which $23,410,000 shall be avail25 able for transfer to the Upper Colorado River Basin Fund

26 authorized by section 5 of the Act of April 11, 1956 (43
13

•HR 3816 RH

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

2 transfer to the Lower Colorado River Basin Development

3 Fund authorized by section 403 of the Act of September

4 30, 1968 (43 U.S.C. 1543), and such amounts as may

5 be necessary shall be considered as though advanced to

6 the Colorado River Dam Fund for the Boulder Canyon

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

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

9 amount for program activities which can be financed by

10 the reclamation fund shall be derived from that fund: Pro11 vided further, That transfers to the Upper Colorado River

12 Basin Fund and Lower Colorado River Basin Develop13 ment Fund may be increased or decreased by transfers

14 within the overall appropriation under this heading: Pro15 vided further, That funds contributed by non-Federal enti16 ties for purposes similar to this appropriation shall be

17 available for expenditure for the purposes for which con18 tributed as though specifically appropriated for said pur19 poses, and such funds shall remain available until ex20 pended: Provided further, That all costs of the safety of

21 dams modification work at Coolidge Dam, San Carlos Irri22 gation Project, Arizona, performed under the authority of

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

24 506), as amended, are in addition to the amount author25 ized in section 5 of said Act: Provided further, That utiliz-
14

•HR 3816 RH

1 ing funds appropriated for the Tucson Aqueduct System

2 Reliability Investigation, the Bureau of Reclamation is di3 rected to complete, by the end of fiscal year 1997, the

4 environmental impact statement being conducted on the

5 proposed surface reservoir. The Bureau of Reclamation is

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

7 outstanding issues related to the preferred alternative.

8 OPERATION AND MAINTENANCE

9 For operation and maintenance of reclamation

10 projects or parts thereof and other facilities, as authorized

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

12 on lands under the jurisdiction of the Bureau of Reclama13 tion, pursuant to law, $286,232,000, to remain available

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

15 the amount for program activities which can be financed

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

17 and the amount for program activities which can be de18 rived from the special fee account established pursuant to

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

20 amended), may be derived from that fund: Provided fur21 ther, That funds advanced by water users for operation

22 and maintenance of reclamation projects or parts thereof

23 shall be deposited to the credit of this appropriation and

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

25 manner as sums appropriated herein may be expended,

26 and such advances shall remain available until expended:
15

•HR 3816 RH

1 Provided further, That revenues in the Upper Colorado

2 River Basin Fund shall be available for performing exam3 ination of existing structures on participating projects of

4 the Colorado River Storage Project.

5 BUREAU OF RECLAMATION LOAN PROGRAM ACCOUNT

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

7 $12,290,000, to remain available until expended, as au8 thorized by the Small Reclamation Projects Act of August

9 6, 1956, as amended (43 U.S.C. 422a–422l): Provided,

10 That such costs, including the cost of modifying such

11 loans, shall be as defined in section 502 of the Congres12 sional Budget Act of 1974: Provided further, That these

13 funds are available to subsidize gross obligations for the

14 principal amount of direct loans not to exceed

15 $37,000,000.

16 In addition, for administrative expenses necessary to

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

18 $425,000: Provided, That of the total sums appropriated,

19 the amount of program activities which can be financed

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

21 CENTRAL VALLEY PROJECT RESTORATION FUND

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

23 habitat restoration, improvement, and acquisition provi24 sions of the Central Valley Project Improvement Act, such

25 sums as may be collected in the Central Valley Project

26 Restoration Fund pursuant to sections 3407(d),
16

•HR 3816 RH

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

2 575, to remain available until expended: Provided, That

3 the Bureau of Reclamation is directed to levy additional

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

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

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

7 102–575.

8 GENERAL ADMINISTRATIVE EXPENSES

9 For necessary expenses of general administration and

10 related functions in the office of the Commissioner, the

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

12 of Reclamation, to remain available until expended,

13 $45,150,000, to be derived from the reclamation fund and

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

15 1945 (43 U.S.C. 377): Provided, That no part of any

16 other appropriation in this Act shall be available for activi17 ties or functions budgeted for the current fiscal year as

18 general administrative expenses.

19 SPECIAL FUNDS

20 (TRANSFER OF FUNDS)

21 Sums herein referred to as being derived from the

22 reclamation fund or special fee account are appropriated

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

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

25 22, 1987 (16 U.S.C. 460l–6a, as amended), respectively.

26 Such sums shall be transferred, upon request of the Sec-
17

•HR 3816 RH

1 retary, to be merged with and expended under the heads

2 herein specified.

3 ADMINISTRATIVE PROVISION

4 Appropriations for the Bureau of Reclamation shall

5 be available for purchase of not to exceed 6 passenger

6 motor vehicles for replacement only.

7 TITLE III

8 DEPARTMENT OF ENERGY

9 ENERGY PROGRAMS

10 ENERGY SUPPLY, RESEARCH AND DEVELOPMENT

11 ACTIVITIES

12 For expenses of the Department of Energy activities

13 including the purchase, construction and acquisition of

14 plant and capital equipment and other expenses necessary

15 for energy supply, research and development activities in

16 carrying out the purposes of the Department of Energy

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

18 acquisition or condemnation of any real property or any

19 facility or for plant or facility acquisition, construction, or

20 expansion; purchase of passenger motor vehicles (not to

21 exceed 24 for replacement only), $2,648,000,000, to re22 main available until expended: Provided, That of the

23 $13,102,000 made available to the Office of Energy Effi24 ciency and Renewable Energy for program direction,

25 $1,440,000 is available only for termination expenses re-
18

•HR 3816 RH

1 lated to reducing FTEs of the headquarters staff of that

2 Office.

3 URANIUM SUPPLY AND ENRICHMENT ACTIVITIES

4 For expenses of the Department of Energy in connec5 tion with operating expenses; the purchase, construction,

6 and acquisition of plant and capital equipment and other

7 expenses necessary for uranium supply and enrichment ac8 tivities in carrying out the purposes of the Department

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

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

11 including the acquisition or condemnation of any real

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

13 construction, or expansion; purchase of electricity as nec14 essary; and the purchase of passenger motor vehicles (not

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

16 available until expended: Provided, That revenues received

17 by the Department for uranium programs and estimated

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

19 and used for the specific purpose of offsetting costs in20 curred by the Department for such activities notwith21 standing the provisions of 31 U.S.C. 3302(b) and 42

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

23 appropriated shall be reduced as revenues are received

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

25 year 1997 appropriation from the General Fund estimated

26 at not more than $11,772,000.
19

•HR 3816 RH

1 URANIUM ENRICHMENT DECONTAMINATION AND

2 DECOMMISSIONING FUND

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

5 remedial actions and other activities of title II of the

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

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

8 from the Fund, to remain available until expended: Pro9 vided, That $34,000,000 of amounts derived from the

10 Fund for such expenses shall be available in accordance

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

12 GENERAL SCIENCE AND RESEARCH ACTIVITIES

13 For expenses of the Department of Energy activities

14 including the purchase, construction and acquisition of

15 plant and capital equipment and other expenses necessary

16 for general science and research activities in carrying out

17 the purposes of the Department of Energy Organization

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

19 or condemnation of any real property or facility or for

20 plant or facility acquisition, construction, or expansion,

21 $996,000,000, to remain available until expended.

22 NUCLEAR WASTE DISPOSAL FUND

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

26 expansion, $182,000,000, to remain available until ex-
20

•HR 3816 RH

1 pended, to be derived from the Nuclear Waste Fund, sub2 ject to authorization: Provided, That none of the funds

3 provided herein shall be distributed to the State of Nevada

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

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

6 for financial assistance under section 116 of the Nuclear

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

8 That the foregoing proviso shall not apply to payments

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

10 Waste Policy Act of 1982, as amended.

11 DEPARTMENTAL ADMINISTRATION

12 For salaries and expenses of the Department of En13 ergy necessary for Departmental Administration in carry14 ing out the purposes of the Department of Energy Organi15 zation Act (42 U.S.C. 7101, et seq.), including the hire

16 of passenger motor vehicles and official reception and rep17 resentation expenses (not to exceed $35,000),

18 $195,000,000, to remain available until expended, plus

19 such additional amounts as necessary to cover increases

20 in the estimated amount of cost of work for others not21 withstanding the provisions of the Anti-Deficiency Act (31

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

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

24 or greater amount, to remain available until expended:

25 Provided further, That moneys received by the Department

26 for miscellaneous revenues estimated to total
21

•HR 3816 RH

1 $125,388,000 in fiscal year 1997 may be retained and

2 used for operating expenses within this account, and may

3 remain available until expended, as authorized by section

4 201 of Public Law 95–238, notwithstanding the provisions

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

6 appropriated shall be reduced by the amount of mis7 cellaneous revenues received during fiscal year 1997 so as

8 to result in a final fiscal year 1997 appropriation from

9 the General Fund estimated at not more than

10 $69,612,000: Provided further, That end of year employee

11 levels for fiscal year 1997 may not exceed the following

12 by organization: Board of Contract Appeals, 6; Chief Fi13 nancial Officer, 192; Congressional, Public, and Intergov14 ernmental Affairs, 35; Economic Impact and Diversity,

15 30; Field Management, 20; General Counsel, 153; Human

16 Resources and Administration, 550; Office of the Sec17 retary, 23; and Policy, 20.

18 OFFICE OF THE INSPECTOR GENERAL

19 For necessary expenses of the Office of the Inspector

20 General in carrying out the provisions of the Inspector

21 General Act of 1978, as amended, $24,000,000, to remain

22 available until expended.

23 ATOMIC ENERGY DEFENSE ACTIVITIES

24 WEAPONS ACTIVITIES

25 For Department of Energy expenses, including the

26 purchase, construction and acquisition of plant and capital
22

•HR 3816 RH

1 equipment and other expenses necessary for atomic energy

2 defense weapons activities in carrying out the purposes of

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

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

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

6 acquisition, construction, or expansion; and the purchase

7 of passenger motor vehicles (not to exceed 94 for replace8 ment only), $3,684,378,000, to remain available until ex9 pended.

10 DEFENSE ENVIRONMENTAL RESTORATION AND WASTE

11 MANAGEMENT

12 For Department of Energy expenses, including the

13 purchase, construction and acquisition of plant and capital

14 equipment and other expenses necessary for atomic energy

15 defense environmental restoration and waste management

16 activities in carrying out the purposes of the Department

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

21 motor vehicles (not to exceed 20, of which 19 are for re22 placement only), $5,409,310,000, to remain available until

23 expended: Provided, That an additional amount of

24 $134,500,000 is available for privatization initiatives.
23

•HR 3816 RH

1 OTHER DEFENSE ACTIVITIES

2 For Department of Energy expenses, including the

3 purchase, construction and acquisition of plant and capital

4 equipment and other expenses necessary for atomic energy

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

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

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

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

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

12 until expended.

13 DEFENSE NUCLEAR WASTE DISPOSAL

14 For nuclear waste disposal activities to carry out the

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

16 the acquisition of real property or facility construction or

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

19 POWER MARKETING ADMINISTRATIONS

20 OPERATION AND MAINTENANCE, ALASKA POWER

21 ADMINISTRATION

22 For necessary expenses of operation and maintenance

23 of projects in Alaska and of marketing electric power and

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

•HR 3816 RH

1 BONNEVILLE POWER ADMINISTRATION FUND

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

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

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

8 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

9 ADMINISTRATION

10 For necessary expenses of operation and maintenance

11 of power transmission facilities and of marketing electric

12 power and energy pursuant to the provisions of section

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

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

15 remain available until expended.

16 OPERATION AND MAINTENANCE, SOUTHWESTERN POWER

17 ADMINISTRATION

18 For necessary expenses of operation and maintenance

19 of power transmission facilities and of marketing electric

20 power and energy, and for construction and acquisition of

21 transmission lines, substations and appurtenant facilities,

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

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

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

•HR 3816 RH

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

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

4 expended.

5 CONSTRUCTION, REHABILITATION, OPERATION AND

6 MAINTENANCE, WESTERN AREA POWER ADMINISTRATION

7 (INCLUDING TRANSFER OF FUNDS)

8 For carrying out the functions authorized by title III,

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

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

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

14 $211,582,000, to remain available until expended, of

15 which $203,687,000 shall be derived from the Department

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

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

18 into the Utah Reclamation Mitigation and Conservation

19 Account pursuant to title IV of the Reclamation Projects

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

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

24 the power marketing and transmission activities of the

25 Boulder Canyon project as provided in section 104(a)(4)
26

•HR 3816 RH

1 of the Hoover Power Plant Act of 1984, to remain avail2 able until expended.

3 FALCON AND AMISTAD OPERATING AND MAINTENANCE

4 FUND

5 For operation, maintenance, and emergency costs for

6 the hydroelectric facilities at the Falcon and Amistad

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

8 to be derived from the Falcon and Amistad Operating and

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

12 FEDERAL ENERGY REGULATORY COMMISSION

13 SALARIES AND EXPENSES

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

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

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

19 reception and representation expenses (not to exceed

20 $3,000), $141,290,000, to remain available until ex21 pended: Provided, That notwithstanding any other provi22 sion of law, not to exceed $141,290,000 of revenues from

23 fees and annual charges, and other services and collections

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

26 until expended: Provided further, That the sum herein ap-
27

•HR 3816 RH

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

3 1997 appropriation from the General Fund estimated at

4 not more than $0.

5 GENERAL PROVISION

6 SEC. 301. PRIORITY PLACEMENT, JOB PLACEMENT, RE7 TRAINING, AND COUNSELING PROGRAMS

8 FOR UNITED STATES DEPARTMENT OF EN9 ERGY EMPLOYEES AFFECTED BY A REDUC10 TION IN FORCE.

11 (a) DEFINITIONS.—

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

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

14 Energy.

15 (2) For the purposes of this section, the term

16 ‘‘eligible employee’’ means any employee of the agen17 cy who—

18 (A) is scheduled to be separated from serv19 ice due to a reduction in force under—

20 (i) regulations prescribed under sec21 tion 3502 of title 5, United States Code; or

22 (ii) procedures established under sec23 tion 3595 of title 5, United States Code; or

24 (B) is separated from service due to such

25 a reduction in force, but does not include—
28

•HR 3816 RH

1 (i) an employee separated from service

2 for cause on charges of misconduct or de3 linquency; or

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

5 separation, meets the age and service re6 quirements for an immediate annuity

7 under subchapter III of chapter 83 or

8 chapter 84 of title 5, United States Code.

9 (b) PRIORITY PLACEMENT AND RETRAINING PRO10 GRAM.—Not later than 30 days after the date of the en11 actment of this Act, the United States Department of En12 ergy shall establish an agency-wide priority placement and

13 retraining program for eligible employees.

14 (c) The priority placement program established under

15 subsection (b) shall include provisions under which a va16 cant position shall not be filled by the appointment or

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

18 (1) there is then available any eligible employee

19 who applies for the position within 30 days of the

20 agency issuing a job announcement and is qualified

21 (or can be trained or retrained to become qualified

22 within 90 days of assuming the position) for the po23 sition; and
29

•HR 3816 RH

1 (2) the position is within the same commuting

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

3 residence.

4 (d) JOB PLACEMENT AND COUNSELING SERVICES.—

5 The head of the agency may establish a program to pro6 vide job placement and counseling services to eligible em7 ployees.

8 (1) TYPES OF SERVICES.—A program estab9 lished under subsection (d) may include, but is not

10 limited to, such services as—

11 (A) career and personal counseling;

12 (B) training and job search skills; and

13 (C) job placement assistance, including as14 sistance provided through cooperative arrange15 ments with State and local employment services

16 offices.

17 TITLE IV

18 INDEPENDENT AGENCIES

19 APPALACHIAN REGIONAL COMMISSION

20 For expenses necessary to carry out the programs au21 thorized by the Appalachian Regional Development Act of

22 1965, as amended, notwithstanding section 405 of said

23 Act, and for necessary expenses for the Federal Co-Chair24 man and the alternate on the Appalachian Regional Com25 mission and for payment of the Federal share of the ad-
30

•HR 3816 RH

1 ministrative expenses of the Commission, including serv2 ices as authorized by 5 U.S.C. 3109, and hire of passenger

3 motor vehicles, $155,331,000, to remain available until ex4 pended.

5 DEFENSE NUCLEAR FACILITIES SAFETY

6 BOARD

7 SALARIES AND EXPENSES

8 For necessary expenses of the Defense Nuclear Fa9 cilities Safety Board in carrying out activities authorized

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

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

12 available until expended.

13 NUCLEAR REGULATORY COMMISSION

14 SALARIES AND EXPENSES

15 (INCLUDING TRANSFER OF FUNDS)

16 For necessary expenses of the Commission in carry17 ing out the purposes of the Energy Reorganization Act

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

19 as amended, including the employment of aliens; services

20 authorized by 5 U.S.C. 3109; publication and dissemina21 tion of atomic information; purchase, repair, and cleaning

22 of uniforms; official representation expenses (not to exceed

23 $20,000); reimbursements to the General Services Admin24 istration for security guard services; hire of passenger

25 motor vehicles and aircraft, $471,800,000, to remain
31

•HR 3816 RH

1 available until expended: Provided, That of the amount ap2 propriated herein, $11,000,000 shall be derived from the

3 Nuclear Waste Fund, subject to the authorization required

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

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

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

7 Government for the performance of the work for which

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

9 so transferred may be merged with the appropriation to

10 which transferred: Provided further, That moneys received

11 by the Commission for the cooperative nuclear safety re12 search program, services rendered to foreign governments

13 and international organizations, and the material and in14 formation access authorization programs, including crimi15 nal history checks under section 149 of the Atomic Energy

16 Act may be retained and used for salaries and expenses

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

18 3302, and shall remain available until expended: Provided

19 further, That revenues from licensing fees, inspection serv20 ices, and other services and collections estimated at

21 $457,300,000 in fiscal year 1997 shall be retained and

22 used for necessary salaries and expenses in this account,

23 notwithstanding 31 U.S.C. 3302, and shall remain avail24 able until expended: Provided further, That the funds here25 in appropriated for regulatory reviews and other activities
32

•HR 3816 RH

1 pertaining to waste stored at the Hanford site, Washing2 ton, shall be excluded from license fee revenues, notwith3 standing 42 U.S.C. 2214: Provided further, That the sum

4 herein appropriated shall be reduced by the amount of rev5 enues received during fiscal year 1997 from licensing fees,

6 inspection services and other services and collections, ex7 cluding those moneys received for the cooperative nuclear

8 safety research program, services rendered to foreign gov9 ernments and international organizations, and the mate10 rial and information access authorization programs, so as

11 to result in a final fiscal year 1997 appropriation esti12 mated at not more than $14,500,000.

13 OFFICE OF INSPECTOR GENERAL

14 (INCLUDING TRANSFER OF FUNDS)

15 For necessary expenses of the Office of Inspector

16 General in carrying out the provisions of the Inspector

17 General Act of 1978, as amended, including services au18 thorized by 5 U.S.C. 3109, $5,000,000, to remain avail19 able until expended; and in addition, an amount not to

20 exceed 5 percent of this sum may be transferred from Sal21 aries and Expenses, Nuclear Regulatory Commission: Pro22 vided, That notice of such transfers shall be given to the

23 Committees on Appropriations of the House and Senate:

24 Provided further, That from this appropriation, transfers

25 of sums may be made to other agencies of the Government
33

•HR 3816 RH

1 for the performance of the work for which this appropria2 tion is made, and in such cases the sums so transferred

3 may be merged with the appropriation to which trans4 ferred: Provided further, That revenues from licensing

5 fees, inspection services, and other services and collections

6 shall be retained and used for necessary salaries and ex7 penses in this account, notwithstanding 31 U.S.C. 3302,

8 and shall remain available until expended: Provided fur9 ther, That the sum herein appropriated shall be reduced

10 by the amount of revenues received during fiscal year

11 1997 from licensing fees, inspection services, and other

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

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

14 NUCLEAR WASTE TECHNICAL REVIEW BOARD

15 SALARIES AND EXPENSES

16 For necessary expenses of the Nuclear Waste Tech17 nical Review Board, as authorized by Public Law 100–

18 203, section 5051, $2,531,000, to be derived from the Nu19 clear Waste Fund, subject to the authorization required

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

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

22 TENNESSEE VALLEY AUTHORITY

23 For the purpose of carrying out the provisions of the

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

25 U.S.C. ch. 12A), including hire, maintenance, and oper-
34

•HR 3816 RH

1 ation of aircraft, and purchase and hire of passenger

2 motor vehicles, $97,169,000, to remain available until ex3 pended: Provided, That none of the funds provided herein

4 shall be available for activities of the Environmental Re5 search Center in Muscle Shoals, Alabama, except for nec6 essary termination expenses: Provided further, That of the

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

8 made available for operation, maintenance, improvement,

9 and surveillance of Land Between the Lakes: Provided fur10 ther, That of the amount provided herein, not more than

11 $16,000,000 shall be available for Economic Development

12 activities.

13 TITLE V—GENERAL PROVISIONS

14 SEC. 501. (a) PURCHASE OF AMERICAN-MADE EQUIP15 MENT AND PRODUCTS.—It is the sense of the Congress

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

17 products purchased with funds made available in this Act

18 should be American-made.

19 (b) NOTICE REQUIREMENT.—In providing financial as20 sistance to, or entering into any contract with, any entity

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

22 Federal agency, to the greatest extent practicable, shall

23 provide to such entity a notice describing the statement

24 made in subsection (a) by the Congress.
35

•HR 3816 RH

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

2 Energy and Water Development Appropriations Act,

3 1996, is repealed.

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

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

6 Water Development Appropriations Act, 1991, is amended

7 by striking ‘‘: Provided’’ and all that follows through ‘‘non8 reimbursable’’ under the heading, ‘‘Construction, Reha9 bilitation, Operation and Maintenance, Western Area

10 Power Administration’’.

11 SEC. 505. (a) None of the funds appropriated or oth12 erwise made available by this Act may be used to deter13 mine the final point of discharge for the interceptor drain

14 for the San Luis Unit until development by the Secretary

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

16 shall conform to the water quality standards of the State

17 of California as approved by the Administrator of the En18 vironmental Protection Agency, to minimize any detrimen19 tal effect of the San Luis drainage waters.

20 (b) The costs of the Kesterson Reservoir Cleanup

21 Program and the costs of the San Joaquin Valley Drain22 age Program shall be classified by the Secretary of the

23 Interior as reimbursable or nonreimbursable and collected

24 until fully repaid pursuant to the ‘‘Cleanup Program—

25 Alternative Repayment plan’’ and the ‘‘SJVDP—Alter-
36

•HR 3816 RH

1 native Repayment Plan’’ described in the report entitled

2 ‘‘Repayment Report, Kesterson Reservoir Cleanup Pro3 gram and San Joaquin Valley Drainage Program, Feb4 ruary 1995’’, prepared by the Department of the Interior,

5 Bureau of Reclamation. Any future obligations of funds

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

7 service or drainage studies for the San Luis Unit shall

8 be fully reimbursable by San Luis Unit beneficiaries of

9 such service or studies pursuant to Federal Reclamation

10 law.

11 This Act may be cited as the ‘‘Energy and Water De12 velopment Appropriations Act, 1997’’.
Union Calendar No. 350

104TH CONGRESS

2D SESSION H. R. 3816

[Report No. 104–679]

A BILL

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

JULY 16, 1996

Committed to the Committee of the Whole House on

the State of the Union and ordered to be printed