In the Senate of the United States,
July 30, 1996
Resolved, That the bill from the House of Representa-
tives (H.R. 3816) entitled ‘‘An Act making appropriations for
energy and water development for the fiscal year ending Sep-
tember 30, 1997, and for other purposes’’, do pass with the
following
AMENDMENT:
Strike out all after the enacting clause and insert:
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 1997, for energy and
water development, and for other purposes, namely:
TITLE I
DEPARTMENT OF DEFENSE—CIVIL
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS—CIVIL
The following appropriations shall be expended under
the direction of the Secretary of the Army and the super-
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vision of the Chief of Engineers for authorized civil func-
tions of the Department of the Army pertaining to rivers
and harbors, flood control, beach erosion, and related pur-
poses.
GENERAL INVESTIGATIONS
For expenses necessary for the collection and study of
basic information pertaining to river and harbor, flood con-
trol, shore protection, and related projects, restudy of au-
thorized projects, miscellaneous investigations, and, when
authorized by laws, surveys and detailed studies and plans
and specifications of projects prior to construction,
$154,557,000, to remain available until expended, of which
funds are provided for the following projects in the amounts
specified:
Coastal Studies Navigation Improvements, Alas-
ka, $500,000;
Red River Navigation, Southwest, Arkansas,
$600,000;
Tahoe Basin Study, Nevada and California,
$200,000;
Walker River Basin Restoration Study, Nevada
and California, $300,000;
Bolinas Lagoon restoration study, Marin Coun-
ty, California, $500,000;
Barnegat Inlet to Little Egg Harbor Inlet, New
Jersey, $300,000;
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South Shore of Staten Island, New York,
$300,000; and
Rhode Island South Coast, Habitat Restoration
and Storm Damage Reduction, Rhode Island,
$300,000.
CONSTRUCTION, GENERAL
For the prosecution of river and harbor, flood control,
shore protection, and related projects authorized by laws;
and detailed studies, and plans and specifications, of
projects (including those for development with participation
or under consideration for participation by States, local
governments, or private groups) authorized or made eligible
for selection by law (but such studies shall not constitute
a commitment of the Government to construction),
$1,049,306,000, to remain available until expended, of
which such sums as are necessary pursuant to Public Law
99–662 shall be derived from the Inland Waterways Trust
Fund, for one-half of the costs of construction and rehabili-
tation of inland waterways projects, including rehabilita-
tion costs for the Lock and Dam 25, Mississippi River, Illi-
nois and Missouri, Lock and Dam 14, Mississippi River,
Iowa, and Lock and Dam 24, Mississippi River, Illinois
and Missouri, projects, and of which funds are provided for
the following projects in the amounts specified:
Larsen Bay Harbor, Alaska, $2,000,000;
Ouzinkie Harbor, Alaska, $2,000,000;
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Valdez Harbor, Alaska, Intertidal Water Reten-
tion, $1,000,000;
Red River Emergency Bank Protection, Arkan-
sas, $6,000,000;
Indianapolis 
Central 
Waterfront, 
Indiana,
$2,000,000;
Harlan (Levisa and Tug Forks of the Big Sandy
River and Upper Cumberland River), Kentucky,
$10,000,000;
Williamsburg (Levisa and Tug Forks of the Big
Sandy River and Upper Cumberland River), Ken-
tucky, $4,700,000;
Middlesboro (Levisa and Tug Forks of the Big
Sandy River and Upper Cumberland River), Ken-
tucky, $4,000,000;
Pike County (Levisa and Tug Forks of the Big
Sandy River and Upper Cumberland River), Ken-
tucky, $3,000,000;
Ouachita River Levees, Louisiana, $2,600,000;
Lake Pontchartrain and Vicinity, Louisiana,
$18,525,000;
Lake 
Pontchartrain 
(Jefferson 
Parish)
Stormwater Discharge, Louisiana, $3,500,000;
Red River Emergency Bank Protection, Louisi-
ana, $4,400,000;
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Mill Creek, Ohio, $500,000;
Seelconk River, Rhode Island Bridge removal,
$650,000;
Red River Chloride Control, Texas, $4,500,000;
Wallisville Lake, Texas, $5,000,000;
Richmond 
Filtration 
Plant, 
Virginia,
$3,500,000;
Virginia Beach, Virginia, Hurricane Protection,
$8,000,000;
Hatfield Bottom (Levisa and Tug Forks of the
Big Sandy River and Upper Cumberland River),
West Virginia, $1,600,000;
Lower Mingo (Kermit) (Levisa and Tug Forks of
the Big Sandy River and Upper Cumberland River),
$4,200,000;
Lower Mingo, West Virginia, Tributaries Sup-
plement, $105,000; and
Upper Mingo County (Levisa and Tug Forks of
the Big Sandy River and Upper Cumberland River),
West Virginia, $4,000,000: Provided, That of the
funds provided for the Red River Waterway, Mis-
sissippi River to Shreveport, Louisiana, project,
$3,000,000 is provided, to remain available until ex-
pended, for design and construction of a regional visi-
tor center in the vicinity of Shreveport, Louisiana at
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full Federal expense: Provided further, That the Sec-
retary of the Army, acting through the Chief of Engi-
neers, is authorized and directed to initiate construc-
tion on the following projects in the amounts speci-
fied:
Kake Harbor, Alaska, $4,000,000;
Helena and Vicinity, Arkansas, $150,000;
San Lorenzo, California, $200,000;
Panama City Beaches, Florida, $400,000;
Chicago Shoreline, Illinois, $1,300,000;
Pond 
Creek, 
Jefferson 
City, 
Kentucky,
$3,000,000;
Boston Harbor, Massachusetts, $500,000;
Poplar Island, Maryland, $5,000,000;
Natchez Bluff, Mississippi, $5,000,000;
Wood River, Grand Isle, Nebraska, $1,000,000;
Duck Creek, Cincinnati, Ohio, $466,000;
Saw Mill River, Pittsburgh, Pennsylvania,
$500,000;
Upper Jordan River, Utah, $1,100,000;
San Juan Harbor, Puerto Rico, $800,000; and
Allendale Dam, Rhode Island, $195,000: Pro-
vided further, That no fully allocated funding policy
shall apply to construction of the projects listed above,
and the Secretary of the Army is directed to under-
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take these projects using continuing contracts where
sufficient funds to complete the projects are not avail-
able from funds provided herein or in prior years.
FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES,
ARKANSAS, ILLINOIS, KENTUCKY, LOUISIANA, MIS-
SISSIPPI, MISSOURI, AND TENNESSEE
For expenses necessary for prosecuting work of flood
control, and rescue work, repair, restoration, or mainte-
nance of flood control projects threatened or destroyed by
flood, as authorized by law (33 U.S.C. 702a, 702g–1),
$312,513,000, to remain available until expended: Pro-
vided, That the President of the Mississippi River Commis-
sion is directed henceforth to use the variable cost recovery
rate set forth in OMB Circular A–126 for use of the Com-
mission aircraft authorized by the Flood Control Act of
1946, Public Law 526.
OPERATION AND MAINTENANCE, GENERAL
For expenses necessary for the preservation, operation,
maintenance, and care of existing river and harbor, flood
control, and related works, including such sums as may be
necessary for the maintenance of harbor channels provided
by a State, municipality or other public agency, outside
of harbor lines, and serving essential needs of general com-
merce and navigation; surveys and charting of northern
and northwestern lakes and connecting waters; clearing and
straightening channels; and removal of obstructions to navi-
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gation, $1,688,358,000, to remain available until expended,
of which such sums as become available in the Harbor
Maintenance Trust Fund, pursuant to Public Law 99–662,
may be derived from that fund, and of which such sums
as become available from the special account established by
the Land and Water Conservation Act of 1965, as amended
(16 U.S.C. 460l), may be derived from that fund for con-
struction, operation, and maintenance of outdoor recreation
facilities and of which $500,000 shall be made available for
the maintenance of Compton Creek Channel, Los Angeles
County drainage area, California: Provided, That the Sec-
retary of the Army is directed to design and implement at
full Federal expense an early flood warning system for the
Greenbrier and Cheat River Basins, West Virginia within
eighteen months from the date of enactment of this Act: Pro-
vided further, That the Secretary of the Army is directed
during fiscal year 1997 to maintain a minimum conserva-
tion pool level of 475.5 at Wister Lake in Oklahoma: Pro-
vided further, That no funds, whether appropriated, con-
tributed, or otherwise provided, shall be available to the
United States Army Corps of Engineers for the purpose of
acquiring land in Jasper County, South Carolina, in con-
nection with the Savannah Harbor navigation project: Pro-
vided further, That the Secretary of the Army is directed
to use $600,000 of funding provided herein to perform
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maintenance dredging of the Cocheco River navigation
project, New Hampshire: Provided further, That $750,000
is for the Buford-Trenton Irrigation District, section 33,
erosion control project in North Dakota.
REGULATORY PROGRAM
For expenses necessary for administration of laws per-
taining to regulation of navigable waters and wetlands,
$101,000,000, to remain available until expended.
FLOOD CONTROL AND COASTAL EMERGENCIES
For expenses necessary for emergency flood control,
hurricane, and shore protection activities, as authorized by
section 5 of the Flood Control Act approved August 18,
1941, as amended, $10,000,000, to remain available until
expended.
GENERAL EXPENSES
For expenses necessary for general administration and
related functions in the Office of the Chief of Engineers and
offices of the Division Engineers; activities of the Coastal
Engineering Research Board, the Humphreys Engineer
Center Support Activity, the Engineering Strategic Studies
Center, and the Water Resources Support Center, and for
costs of implementing the Secretary of the Army’s plan to
reduce the number of division offices as directed in title I,
Public Law 104–46, $153,000,000, to remain available
until expended: Provided, That no part of any other appro-
priation provided in title I of this Act shall be available
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to fund the activities of the Office of the Chief of Engineers
or the executive direction and management activities of the
Division Offices: Provided further, That the Secretary of the
Army may not obligate any funds available to the Depart-
ment of the Army for the closure of the Pacific Ocean Divi-
sion Office of the Army Corps of Engineers.
ADMINISTRATIVE PROVISIONS
Appropriations in this title shall be available for offi-
cial reception and representation expenses (not to exceed
$5,000); and during the current fiscal year the revolving
fund, Corps of Engineers, shall be available for purchase
(not to exceed 100 for replacement only) and hire of pas-
senger motor vehicles.
GENERAL PROVISIONS
SEC. 101. The flood control project for Arkansas City,
Kansas authorized by section 401(a) of the Water Resources
Development Act of 1986 (Public Law 99–662, 100 Stat.
4116) is modified to authorize the Secretary of the Army
to construct the project at a total cost of $38,500,000, with
an estimated first Federal cost of $19,250,000 and an esti-
mated first non-Federal cost of $19,250,000.
SEC. 102. Funds previously provided under the Fiscal
Year 1993 Energy and Water Development Act, Public Law
102–377, for the Elk Creek Dam, Oregon project, are hereby
made available to plan and implement long term manage-
ment measures at Elk Creek Dam to maintain the project
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in an uncompleted state and to take necessary steps to pro-
vide passive fish passage through the project.
SEC. 103. The flood control project for Moorefield, West
Virginia, authorized by section 101(a)(25) of the Water Re-
sources Development Act of 1990 (Public Law 101–640, 104
Stat. 4610) is modified to authorize the Secretary of the
Army to construct the project at a total cost of $26,200,000,
with an estimated first Federal cost of $20,300,000 and an
estimated first non-Federal cost of $5,900,000.
SEC. 104. The project for navigation, Grays Landing
Lock and Dam, Monongahela River, Pennsylvania (Lock
and Dam 7 Replacement), authorized by section 301(a) of
the Water Resources Development Act of 1986 (Public Law
99–662, 100 Stat. 4110) is modified to authorize the Sec-
retary of the Army to construct the project at a total cost
of $181,000,000, with an estimated first Federal cost of
$181,000,000.
SEC. 105. From the date of enactment of this Act, flood
control measures implemented under Section 202(a) of Pub-
lic Law 96–367 shall prevent future losses that would occur
from a flood equal in magnitude to the April 1977 level
by providing protection from the April 1977 level or the
100-year frequency event, whichever is greater.
SEC. 106. Notwithstanding any other provision of law,
the Secretary of the Army, acting through the Chief of Engi-
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neers, is authorized to reprogram, obligate and expend such
additional sums as are necessary to continue construction
and cover anticipated contract earnings of any water re-
sources project that received an appropriation or allowance
for construction in or through an appropriations Act or res-
olution of the then-current fiscal year or the two fiscal years
immediately prior to that fiscal year, in order to prevent
the termination of a contract or the delay of scheduled work.
SEC. 107. (a) In fiscal year 1997, the Secretary of the
Army shall advertise for competitive bid at least 7,500,000
cubic yards of the hooper dredge volume accomplished with
government owned dredges in fiscal year 1996.
(b) Notwithstanding the provisions of this section, the
Secretary is authorized to use the dredge fleet of the Corps
of Engineers to undertake projects when industry does not
perform as required by the contract specifications or when
the bids are more than 25 percent in excess of what the
Secretary determines to be a fair and reasonable estimated
cost of a well equipped contractor doing the work or to re-
spond to emergency requirements.
SEC. 108. The Corps of Engineers is hereby directed
to complete the Charleston Riverfront (Haddad) Park
Project, West Virginia, as described in the design memoran-
dum approved November, 1992, on a 50–50 cost-share basis
with the City. The Corps of Engineers shall pay one-half
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of all costs for settling contractor claims on the completed
project and for completing the wharf. The Federal portion
of these costs shall be obtained by reprogramming available
Operations & Maintenance funds. The project cost limita-
tion in the Project Cooperation Agreement shall be in-
creased to reflect the actual costs of the completed project.
TITLE II
DEPARTMENT OF THE INTERIOR
CENTRAL UTAH PROJECT
CENTRAL UTAH PROJECT COMPLETION ACCOUNT
For the purpose of carrying out provisions of the
Central Utah Project Completion Act, Public Law 102–575
(106 Stat. 4605), and for feasibility studies of alternatives
to the Uintah and Upalco Units, $42,527,000, to remain
available until expended, of which $16,700,000 shall be de-
posited into the Utah Reclamation Mitigation and Con-
servation Account: Provided, That of the amounts deposited
into the Account, $5,000,000 shall be considered the Federal
contribution authorized by paragraph 402(b)(2) of the Act
and $11,700,000 shall be available to the Utah Reclamation
Mitigation and Conservation Commission to carry out ac-
tivities authorized under the Act.
In addition, for necessary expenses incurred in carry-
ing out responsibilities of the Secretary of the Interior
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under the Act, $1,100,000, to remain available until ex-
pended.
BUREAU OF RECLAMATION
For carrying out the functions of the Bureau of Rec-
lamation as provided in the Federal reclamation laws (Act
of June 17, 1902, 32 Stat. 388, and Acts amendatory there-
of or supplementary thereto) and other Acts applicable to
that Bureau as follows:
GENERAL INVESTIGATIONS
For engineering and economic investigations of pro-
posed Federal reclamation projects and studies of water
conservation and development plans and activities prelimi-
nary to the reconstruction, rehabilitation and betterment,
financial adjustment, or extension of existing projects,
$18,105,000, to remain available until expended: Provided,
That of the total appropriated, the amount for program ac-
tivities which can be financed by the reclamation fund shall
be derived from that fund: Provided further, That funds
contributed by non-Federal entities for purposes similar to
this appropriation shall be available for expenditure for the
purposes for which contributed as though specifically appro-
priated for said purposes, and such amounts shall remain
available until expended: Provided further, That within
available funds, $150,000 is for completion of the feasibility
study of alternatives for meeting the drinking water needs
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of Cheyenne River Sioux Reservation and surrounding com-
munities.
CONSTRUCTION PROGRAM
(INCLUDING TRANSFER OF FUNDS)
For construction and rehabilitation of projects and
parts thereof (including power transmission facilities for
Bureau of Reclamation use) and for other related activities
as authorized by law, $398,596,700, to remain available
until expended, of which $23,410,000 shall be available for
transfer to the Upper Colorado River Basin Fund author-
ized by section 5 of the Act of April 11, 1956 (43 U.S.C.
620d), and $58,325,700 shall be available for transfer to
the Lower Colorado River Basin Development Fund author-
ized by section 403 of the Act of September 30, 1968 (43
U.S.C. 1543), and such amounts as may be necessary shall
be considered as though advanced to the Colorado River
Dam Fund for the Boulder Canyon Project as authorized
by the Act of December 21, 1928, as amended, and that
$12,500,000 shall be available for the Mid-Dakota Rural
Water System: Provided, That of the total appropriated, the
amount for program activities which can be financed by
the reclamation fund shall be derived from that fund: Pro-
vided further, That transfers to the Upper Colorado River
Basin Fund and Lower Colorado River Basin Development
Fund may be increased or decreased by transfers within
the overall appropriation under this heading: Provided fur-
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ther, That funds contributed by non-Federal entities for
purposes similar to this appropriation shall be available
for expenditure for the purposes for which contributed as
though specifically appropriated for said purposes, and
such funds shall remain available until expended: Provided
further, That all costs of the safety of dams modification
work at Coolidge Dam, San Carlos Irrigation Project, Ari-
zona, performed under the authority of the Reclamation
Safety of Dams Act of 1978 (43 U.S.C. 506), as amended,
are in addition to the amount authorized in section 5 of
said Act: Provided further, That section 301 of Public Law
102–250, Reclamation States Emergency Drought Relief
Act of 1991, is amended by inserting ‘‘1996, and 1997’’ in
lieu of ‘‘and 1996’’: Provided further, That the amount au-
thorized by section 210 of Public Law 100–557 (102 Stat.
2791), is amended to $56,362,000 (October 1996 prices plus
or minus cost indexing), and funds are authorized to be
appropriated through the twelfth fiscal year after conserva-
tion funds are first made available: Provided further, That
$1,500,000 shall be available for construction of McCall
Wastewater Treatment, Idaho facility, and $1,000,000 shall
be available for Devils Lake Desalination, North Dakota
Project.
OPERATION AND MAINTENANCE
For operation and maintenance of reclamation
projects or parts thereof and other facilities, as authorized
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by law; and for a soil and moisture conservation program
on lands under the jurisdiction of the Bureau of Reclama-
tion, pursuant to law, $280,876,000, to remain available
until expended: Provided, That of the total appropriated,
the amount for program activities which can be financed
by the reclamation fund shall be derived from that fund,
and the amount for program activities which can be derived
from the special fee account established pursuant to the Act
of December 22, 1987 (16 U.S.C. 460l–6a, as amended),
may be derived from that fund: Provided further, That
funds advanced by water users for operation and mainte-
nance of reclamation projects or parts thereof shall be depos-
ited to the credit of this appropriation and may be ex-
pended for the same purpose and in the same manner as
sums appropriated herein may be expended, and such ad-
vances shall remain available until expended: Provided fur-
ther, That revenues in the Upper Colorado River Basin
Fund shall be available for performing examination of ex-
isting structures on participating projects of the Colorado
River Storage Project.
BUREAU OF RECLAMATION LOAN PROGRAM ACCOUNT
For the cost of direct loans and/or grants, $12,290,000,
to remain available until expended, as authorized by the
Small Reclamation Projects Act of August 6, 1956, as
amended (43 U.S.C. 422a–422l): Provided, That such costs,
including the cost of modifying such loans, shall be as de-
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fined in section 502 of the Congressional Budget Act of
1974: Provided further, That these funds are available to
subsidize gross obligations for the principal amount of di-
rect loans not to exceed $37,000,000.
In addition, for administrative expenses necessary to
carry out the program for direct loans and/or grants,
$425,000: Provided, That of the total sums appropriated,
the amount of program activities which can be financed by
the reclamation fund shall be derived from the fund.
CENTRAL VALLEY PROJECT RESTORATION FUND
For carrying out the programs, projects, plans, and
habitat restoration, improvement, and acquisition provi-
sions of the Central Valley Project Improvement Act, such
sums as may be collected in the Central Valley Project Res-
toration Fund pursuant to sections 3407(d), 3404(c)(3),
3405(f) and 3406(c)(1) of Public Law 102–575, to remain
available until expended: Provided, That the Bureau of Rec-
lamation is directed to levy additional mitigation and res-
toration payments totaling $30,000,000 (October 1992 price
levels) on a three-year rolling average basis, as authorized
by section 3407(d) of Public Law 102–575.
GENERAL ADMINISTRATIVE EXPENSES
For necessary expenses of general administration and
related functions in the office of the Commissioner, the Den-
ver office, and offices in the five regions of the Bureau of
Reclamation, 
to 
remain 
available 
until 
expended,
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$48,307,000, to be derived from the reclamation fund and
to be nonreimbursable pursuant to the Act of April 19, 1945
(43 U.S.C. 377): Provided, That no part of any other ap-
propriation in this Act shall be available for activities or
functions budgeted for the current fiscal year as general ad-
ministrative expenses.
SPECIAL FUNDS
(TRANSFER OF FUNDS)
Sums herein referred to as being derived from the rec-
lamation fund or special fee account are appropriated from
the special funds in the Treasury created by the Act of June
17, 1902 (43 U.S.C. 391) or the Act of December 22, 1987
(16 U.S.C. 460l–6a, as amended), respectively. Such sums
shall be transferred, upon request of the Secretary, to be
merged with and expended under the heads herein specified.
ADMINISTRATIVE PROVISION
Appropriations for the Bureau of Reclamation shall
be available for purchase of not to exceed 6 passenger motor
vehicles for replacement only.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
ENERGY SUPPLY, RESEARCH AND DEVELOPMENT
ACTIVITIES
For expenses of the Department of Energy activities
including the purchase, construction and acquisition of
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plant and capital equipment and other expenses necessary
for energy supply, research and development activities in
carrying out the purposes of the Department of Energy Or-
ganization Act (42 U.S.C. 7101, et seq.), including the ac-
quisition or condemnation of any real property or any fa-
cility or for plant or facility acquisition, construction, or
expansion; purchase of passenger motor vehicles (not to ex-
ceed 24 for replacement only), $2,764,043,000, to remain
available until expended: Provided, That $5,000,000 shall
be available for research into reducing the costs of convert-
ing saline water to fresh water.
URANIUM SUPPLY AND ENRICHMENT ACTIVITIES
For expenses of the Department of Energy in connec-
tion with operating expenses; the purchase, construction,
and acquisition of plant and capital equipment and other
expenses necessary for uranium supply and enrichment ac-
tivities in carrying out the purposes of the Department of
Energy Organization Act (42 U.S.C. 7101, et seq.) and the
Energy Policy Act (Public Law 102–486, section 901), in-
cluding the acquisition or condemnation of any real prop-
erty or any facility or for plant or facility acquisition, con-
struction, or expansion; purchase of electricity as necessary;
and the purchase of passenger motor vehicles (not to exceed
3 for replacement only); $42,200,000, to remain available
until expended: Provided, That revenues received by the De-
partment for uranium programs and estimated to total
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$42,200,000 in fiscal year 1997 shall be retained and used
for the specific purpose of offsetting costs incurred by the
Department for such activities notwithstanding the provi-
sions of 31 U.S.C. 3302(b) and 42 U.S.C. 2296(b)(2): Pro-
vided further, That the sum herein appropriated shall be
reduced as revenues are received during fiscal year 1997
so as to result in a final fiscal year 1997 appropriation
from the General Fund estimated at not more than $0.
Section 161k. of the Atomic Energy Act of 1954 (42
U.S.C. 2201k) with respect to the Paducah Gaseous Diffu-
sion Plant, Kentucky, and the Portsmouth Gaseous Diffu-
sion Plant, Ohio, the guidelines shall require, at a mini-
mum, the presence of an adequate number of security
guards carrying side arms at all times to ensure mainte-
nance of security at the gaseous diffusion plants.
Section 311(b) of the USEC Privatization Act (Public
Law 104–134, title III, chapter 1, subchapter A) insert the
following:
‘‘(3) The Corporation shall pay to the Thrift
Savings Fund such employee and agency contribu-
tions as are required or authorized by sections 8432
and 8351 of title 5, United States Code, for employees
who elect to retain their coverage under CSRS or
FERS pursuant to paragraph (1).’’.
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URANIUM ENRICHMENT DECONTAMINATION AND
DECOMMISSIONING FUND
For necessary expenses in carrying out uranium en-
richment facility decontamination and decommissioning,
remedial actions and other activities of title II of the Atom-
ic Energy Act of 1954 and title X, subtitle A of the Energy
Policy Act of 1992, $205,200,000, to be derived from the
Fund, to remain available until expended.
GENERAL SCIENCE AND RESEARCH ACTIVITIES
For expenses of the Department of Energy activities
including the purchase, construction and acquisition of
plant and capital equipment and other expenses necessary
for general science and research activities in carrying out
the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101, et seq.), including the acquisition or con-
demnation of any real property or facility or for plant or
facility 
acquisition, 
construction, 
or 
expansion,
$1,000,626,000, to remain available until expended.
NUCLEAR WASTE DISPOSAL FUND
For nuclear waste disposal activities to carry out the
purposes of Public Law 97–425, as amended, including the
acquisition of real property or facility construction or ex-
pansion, $200,028,000, to remain available until expended,
to be derived from the Nuclear Waste Fund: Provided, That
no later than June 30, 1998, the Secretary shall provide
to the President and to the Congress a viability assessment
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of the Yucca Mountain site. The viability assessment shall
include:
(1) the preliminary design concept for the criti-
cal elements for the repository and waste package;
(2) a total system performance assessment, based
upon the design concept and the scientific data and
analysis available by June 30, 1998, describing the
probable behavior of the repository in the Yucca
Mountain geological setting relative to the overall sys-
tem performance standards;
(3) a plan and cost estimate for the remaining
work required to complete a license application; and
(4) an estimate of the costs to construct and op-
erate the repository in accordance with the design
concept.
DEPARTMENTAL ADMINISTRATION
For salaries and expenses of the Department of Energy
necessary for Departmental Administration in carrying out
the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101, et seq.), including the hire of passenger
motor vehicles and official reception and representation ex-
penses (not to exceed $35,000), $218,017,000, to remain
available until expended, plus such additional amounts as
necessary to cover increases in the estimated amount of cost
of work for others notwithstanding the provisions of the
Anti-Deficiency Act (31 U.S.C. 1511, et seq.): Provided,
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That such increases in cost of work are offset by revenue
increases of the same or greater amount, to remain avail-
able until expended: Provided further, That moneys received
by the Department for miscellaneous revenues estimated to
total $125,388,000 in fiscal year 1997 may be retained and
used for operating expenses within this account, and may
remain available until expended, as authorized by section
201 of Public Law 95–238, notwithstanding the provisions
of 31 U.S.C. 3302: Provided further, That the sum herein
appropriated shall be reduced by the amount of miscellane-
ous revenues received during fiscal year 1997 so as to result
in a final fiscal year 1997 appropriation from the General
Fund estimated at not more than $92,629,000: Provided
further, That funds made available by this Act for Depart-
mental Administration may be used by the Secretary of En-
ergy to offer employees voluntary separation incentives to
meet staffing and budgetary reductions and restructuring
needs through September 30, 1997 consistent with plans ap-
proved by the Office of Management and Budget. The
amount of each incentive shall be equal to the smaller of
the employee’s severance pay, or $20,000. Voluntary separa-
tion recipients who accept employement with the Federal
Government, or enter into a personal services contract with
the Federal Government within five years after separation
shall repay the entire amount to the Department of Energy:
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Provided further, That in addition to any other payments
which it is required to make under subchapter III of chapter
83 or chapter 84 of title 5, United States Code, the Depart-
ment of Energy shall remit to the Office of Personnel Man-
agement for deposit in the Treasury of the United States
to the credit of the Civil Service Retirement and Disability
Fund an amount equal to 15 percent of the final basic pay
of each employee who is covered under subchapter III of
chapter 83 or chapter 84 of title 5 to whom a voluntary
separation incentive has been paid under this paragraph.
OFFICE OF THE INSPECTOR GENERAL
For necessary expenses of the Office of the Inspector
General in carrying out the provisions of the Inspector Gen-
eral Act of 1978, as amended, $23,103,000, to remain avail-
able until expended.
ATOMIC ENERGY DEFENSE ACTIVITIES
WEAPONS ACTIVITIES
For Department of Energy expenses, including the
purchase, construction and acquisition of plant and capital
equipment and other expenses necessary for atomic energy
defense weapons activities in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C.
7101, et seq.), including the acquisition or condemnation
of any real property or any facility or for plant or facility
acquisition, construction, or expansion; and the purchase
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available until expended; in addition, notwithstanding the
provisions of 31 U.S.C. 3302, not to exceed $3,787,000 in
reimbursements, to remain available until expended.
CONSTRUCTION, REHABILITATION, OPERATION AND
MAINTENANCE, WESTERN AREA POWER ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
For carrying out the functions authorized by title III,
section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C.
7101, et seq.), and other related activities including con-
servation and renewable resources programs as authorized,
including official reception and representation expenses in
an amount not to exceed $1,500, $201,582,000, to remain
available until expended, of which $172,378,000 shall be de-
rived from the Department of the Interior Reclamation
Fund: Provided, That of the amount herein appropriated,
$5,432,000 is for deposit into the Utah Reclamation Mitiga-
tion and Conservation Account pursuant to title IV of the
Reclamation Projects Authorization and Adjustment Act of
1992: Provided further, That the Secretary of the Treasury
is authorized to transfer from the Colorado River Dam
Fund to the Western Area Power Administration
$3,774,000 to carry out the power marketing and trans-
mission activities of the Boulder Canyon project as pro-
vided in section 104(a)(4) of the Hoover Power Plant Act
of 1984, to remain available until expended.
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FALCON AND AMISTAD OPERATING AND MAINTENANCE
FUND
For operation, maintenance, and emergency costs for
the hydroelectric facilities at the Falcon and Amistad
Dams, $970,000, to remain available until expended, and
to be derived from the Falcon and Amistad Operating and
Maintenance Fund of the Western Area Power Administra-
tion, as provided in section 423 of the Foreign Relations
Authorization Act, fiscal years 1994 and 1995.
FEDERAL ENERGY REGULATORY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Energy Regu-
latory Commission to carry out the provisions of the De-
partment of Energy Organization Act (42 U.S.C. 7101, et
seq.), including services as authorized by 5 U.S.C. 3109,
the hire of passenger motor vehicles, and official reception
and representation expenses (not to exceed $3,000),
$146,290,000, to remain available until expended: Pro-
vided, That notwithstanding any other provision of law, not
to exceed $146,290,000 of revenues from fees and annual
charges, and other services and collections in fiscal year
1997 shall be retained and used for necessary expenses in
this account, and shall remain available until expended:
Provided further, That the sum herein appropriated shall
be reduced as revenues are received during fiscal year 1997
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so as to result in a final fiscal year 1997 appropriation
from the General Fund estimated at not more than $0.
TITLE IV
INDEPENDENT AGENCIES
APPALACHIAN REGIONAL COMMISSION
For expenses necessary to carry out the programs au-
thorized by the Appalachian Regional Development Act of
1965, as amended, notwithstanding section 405 of said Act,
and for necessary expenses for the Federal Co-Chairman
and the alternate on the Appalachian Regional Commission
and for payment of the Federal share of the administrative
expenses of the Commission, including services as author-
ized by 5 U.S.C. 3109, and hire of passenger motor vehicles,
$165,000,000, to remain available until expended.
DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SALARIES AND EXPENSES
For necessary expenses of the Defense Nuclear Facili-
ties Safety Board in carrying out activities authorized by
the Atomic Energy Act of 1954, as amended by Public Law
100–456, section 1441, $17,000,000, to remain available
until expended.
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DELAWARE RIVER BASIN COMMISSION
CONTRIBUTION TO DELAWARE RIVER BASIN COMMISSION
For payment of the United States share of the current
expenses of the Delaware River Basin Commission, as au-
thorized by law (75 Stat. 706, 707), $500,000.
SALARIES AND EXPENSES
For expenses necessary to carry out the functions of
the United States member of the Delaware River Basin
Commission, as authorized by law (75 Stat. 716), $342,000.
INTERSTATE COMMISSION ON THE POTOMAC RIVER BASIN
CONTRIBUTION TO INTERSTATE COMMISSION ON THE
POTOMAC RIVER BASIN
To enable the Secretary of the Treasury to pay in ad-
vance to the Interstate Commission on the Potomac River
Basin the Federal contribution toward the expenses of the
Commission during the current fiscal year in the adminis-
tration of its business in the conservancy district established
pursuant to the Act of July 11, 1940 (54 Stat. 748), as
amended by the Act of September 25, 1970 (Public Law
91–407), $508,000.
NUCLEAR REGULATORY COMMISSION
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Commission in carrying
out the purposes of the Energy Reorganization Act of 1974,
as amended, and the Atomic Energy Act of 1954, as amend-
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ed, including the employment of aliens; services authorized
by 5 U.S.C. 3109; publication and dissemination of atomic
information; purchase, repair, and cleaning of uniforms; of-
ficial representation expenses (not to exceed $20,000); reim-
bursements to the General Services Administration for secu-
rity guard services; hire of passenger motor vehicles and
aircraft, $471,800,000, to remain available until expended:
Provided, That of the amount appropriated herein,
$11,000,000 shall be derived from the Nuclear Waste Fund,
subject to the authorization required in this bill under the
heading, ‘‘Nuclear Waste Disposal Fund’’: Provided further,
That from this appropriation, transfer of sums may be
made to other agencies of the Government for the perform-
ance of the work for which this appropriation is made, and
in such cases the sums so transferred may be merged with
the appropriation to which transferred: Provided further,
That moneys received by the Commission for the cooperative
nuclear safety research program, services rendered to for-
eign governments and international organizations, and the
material and information access authorization programs,
including criminal history checks under section 149 of the
Atomic Energy Act may be retained and used for salaries
and expenses associated with those activities, notwithstand-
ing 31 U.S.C. 3302, and shall remain available until ex-
pended: Provided further, That revenues from licensing fees,
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inspection services, and other services and collections esti-
mated at $457,300,000 in fiscal year 1997 shall be retained
and used for necessary salaries and expenses in this ac-
count, notwithstanding 31 U.S.C. 3302, and shall remain
available until expended: Provided further, That the funds
herein appropriated for regulatory reviews and other activi-
ties pertaining to waste stored at the Hanford site, Wash-
ington, shall be excluded from license fee revenues, notwith-
standing 42 U.S.C. 2214: Provided further, That the sum
herein appropriated shall be reduced by the amount of reve-
nues received during fiscal year 1997 from licensing fees,
inspection services and other services and collections, ex-
cluding those moneys received for the cooperative nuclear
safety research program, services rendered to foreign govern-
ments and international organizations, and the material
and information access authorization programs, so as to re-
sult in a final fiscal year 1997 appropriation estimated at
not more than $14,500,000.
OFFICE OF INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Office of Inspector Gen-
eral in carrying out the provisions of the Inspector General
Act of 1978, as amended, including services authorized by
5 U.S.C. 3109, $5,000,000, to remain available until ex-
pended; and in addition, an amount not to exceed 5 percent
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of this sum may be transferred from Salaries and Expenses,
Nuclear Regulatory Commission: Provided, That notice of
such transfers shall be given to the Committees on Appro-
priations of the House and Senate: Provided further, That
from this appropriation, transfers of sums may be made
to other agencies of the Government for the performance of
the work for which this appropriation is made, and in such
cases the sums so transferred may be merged with the ap-
propriation to which transferred: Provided further, That
revenues from licensing fees, inspection services, and other
services and collections shall be retained and used for nec-
essary salaries and expenses in this account, notwithstand-
ing 31 U.S.C. 3302, and shall remain available until ex-
pended: Provided further, That the sum herein appro-
priated shall be reduced by the amount of revenues received
during fiscal year 1997 from licensing fees, inspection serv-
ices, and other services and collections, so as to result in
a final fiscal year 1997 appropriation estimated at not
more than $0.
NUCLEAR WASTE TECHNICAL REVIEW BOARD
SALARIES AND EXPENSES
For necessary expenses of the Nuclear Waste Technical
Review Board, as authorized by Public Law 100–203, sec-
tion 5051, $2,531,000, to be transferred from the Nuclear
Waste Fund and to remain available until expended.
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SUSQUEHANNA RIVER BASIN COMMISSION
CONTRIBUTION TO SUSQUEHANNA RIVER BASIN
COMMISSION
For payment of the United States share of the current
expenses of the Susquehanna River Basin Commission, as
authorized by law (84 Stat. 1530, 1531), $300,000.
SALARIES AND EXPENSES
For expenses necessary to carry out the functions of
the United States member of the Susquehanna River Basin
Commission as authorized by law (84 Stat. 1541),
$322,000.
TENNESSEE VALLEY AUTHORITY
For the purpose of carrying out the provisions of the
Tennessee Valley Authority Act of 1933, as amended (16
U.S.C. ch. 12A), including hire, maintenance, and oper-
ation of aircraft, and purchase and hire of passenger motor
vehicles, $113,000,000, to remain available until expended:
Provided, That of the funds provided herein, not more than
$20,000,000 shall be made available for the Environmental
Research Center in Muscle Shoals, Alabama: Provided fur-
ther, That of the funds provided herein, not more than
$8,000,000 shall be made available for operation, mainte-
nance, improvement, and surveillance of Land Between the
Lakes: Provided further, That of the amount provided here-
in, not more than $9,000,000 shall be available for Eco-
nomic Development activities: Provided further, That none
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of the funds provided herein, shall be available for detailed
engineering and design or constructing a replacement for
Chickamauga Lock and Dam on the Tennessee River Sys-
tem.
TITLE V
GENERAL PROVISIONS
SEC. 501. (a) PURCHASE OF AMERICAN-MADE EQUIP-
MENT AND PRODUCTS.—It is the sense of the Congress that,
to the greatest extent practicable, all equipment and prod-
ucts purchased with funds made available in this Act should
be American-made.
(b) NOTICE REQUIREMENT.—In providing financial as-
sistance to, or entering into any contract with, any entity
using funds made available in this Act, the head of each
Federal agency, to the greatest extent practicable, shall pro-
vide to such entity a notice describing the statement made
in subsection (a) by the Congress.
SEC. 502. The Secretary of the Interior shall extend
the construction repayment and water service contracts for
the following projects, entered into by the Secretary of the
Interior under subsections (d) and (e) of section 9 of the
Reclamation Project Act of 1939 (43 U.S.C. 485h) and sec-
tion 9(c) of the Act of December 22, 1944 (58 Stat. 891,
chapter 665), for a period of 1 additional year after the
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dates on which each of the contracts, respectively, would ex-
pire but for this section:
(1) The Bostwick District (Kansas portion), Mis-
souri River Basin Project, consisting of the project
constructed and operated under the Act of December
22, 1944 (58 Stat. 887, chapter 665), as a component
of the Pick-Sloan Missouri Basin Program, situated
in Republic County, Jewell County, and Cloud Coun-
ty, Kansas.
(2) The Bostwick District (Nebraska portion),
Missouri River Basin Project, consisting of the project
constructed and operated under the Act of December
22, 1944 (58 Stat. 887, chapter 665), as a component
of the Pick-Sloan Missouri Basin Program, situated
in Harlan County, Franklin County, Webster County,
and Nuckolls County, Nebraska.
(3) The Frenchman-Cambridge District, Mis-
souri River Basin Project, consisting of the project
constructed and operated under the Act of December
22, 1944 (58 Stat. 887, chapter 665), as a component
of the Pick-Sloan Missouri Basin Program, situated
in Chase County, Frontier County, Hitchcock County,
Furnas County, and Harlan County, Nebraska.
SEC. 503. Notwithstanding the provisions of 31 U.S.C.,
funds made available by this Act to the Department of En-
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ergy shall be available only for the purposes for which they
have been made available by this Act. The Department of
Energy shall report monthly to the Committees on Appro-
priations of the House and Senate on the Department of
Energy’s adherence to the recommendations included in the
accompanying report.
SEC. 504. Following section 4(g)(3) of the Northwest
Power Planning and Conservation Act, insert the following
new section:
‘‘(4)(g)(4) 
INDEPENDENT
SCIENTIFIC
REVIEW
PANEL.—(i) The Northwest Power Planning Council
(Council) shall appoint an Independent Scientific Review
Panel (Panel), which shall be comprised of eleven members,
to review projects proposed to be funded through that por-
tion of the Bonneville Power Administration’s (BPA) an-
nual fish and wildlife budget that implements the Council’s
annual fish and wildlife program. Members shall be ap-
pointed from a list submitted by the National Academy of
Sciences: Provided, That Pacific Northwest scientists with
expertise in Columbia River anadromous and non-anad-
romous fish and wildlife and ocean experts shall be among
those represented on the Panel.
‘‘(ii) SCIENTIFIC PEER REVIEW GROUPS.—The Council
shall establish Scientific Peer Review Groups (Peer Review
Groups), which shall be comprised of the appropriate num-
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ber of scientists, from a list submitted by the National Acad-
emy of Sciences to assist the Panel in making its rec-
ommendations to the Council for projects to be funded
through BPA’s annual fish and wildlife budget: Provided,
That Pacific Northwest scientists with expertise in Colum-
bia River anadromous and non-anadromous fish and wild-
life and ocean experts shall be among those represented on
the Peer Review Groups.
‘‘(iii) CONFLICT OF INTEREST AND COMPENSATION.—
Panel and Peer Review Group members may be com-
pensated and shall be considered as special government em-
ployees subject to 45 CFR 684.10 through 684.22.
‘‘(iv) PROJECT CRITERIA AND REVIEW.—The Peer Re-
view Groups, in conjunction with the Panel, shall review
projects proposed to be funded through BPA’s annual fish
and wildlife budget and make recommendations on matters
related to such projects, to the Council. Project recommenda-
tions shall be based on a determination that projects are
based on sound science principles; benefit fish and wildlife;
and have a clearly defined objective and outcome with pro-
visions for monitoring and evaluation of results. The Panel,
with assistance from the Peer Review Groups, shall review,
on an annual basis, the results of prior year expenditures
based upon these criteria and submit its findings to the
Council for its review.
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‘‘(v) PUBLIC REVIEW.—Upon completion of the review
of projects to be funded through BPA’s annual fish and
wildlife budget, the Peer Review Groups shall submit their
findings to the Panel. The Panel shall analyze the informa-
tion submitted by the Peer Review Groups and submit rec-
ommendations on project priorities to the Council. The
Council shall make the Panel’s findings available to the
public and subject to public comment.
‘‘(vi) RESPONSIBILITIES
OF
THE
COUNCIL.—The
Council shall fully consider the recommendations of the
Panel when making its final recommendations of projects
to be funded through BPA’s annual fish and wildlife budget,
and if the Council does not incorporate a recommendation
of the Panel, the Council shall explain in writing its rea-
sons for not accepting Panel recommendations. In making
its recommendations to BPA, the Council shall: consider the
impact of ocean conditions on fish and wildlife populations;
and shall determine whether the projects employ cost effec-
tive measures to achieve project objectives. The Council,
after consideration of the recommendations of the Panel and
other appropriate entities shall be responsible for making
the final recommendations of projects to be funded through
BPA’s annual fish and wildlife budget.
‘‘(vii) COST LIMITATION.—The cost of this provision
shall not exceed $2,000,000 in 1997 dollars.
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‘‘(viii) EXPIRATION.—This paragraph shall expire on
September 30, 2000.’’.
SEC. 505. OPPORTUNITY FOR REVIEW AND COMMENT BY
STATE OF OREGON ON CERTAIN REMEDIAL
ACTIONS AT HANFORD RESERVATION, WASH-
INGTON.
(a) OPPORTUNITY.—(1) Subject to subsection (b), the
Site Manager at the Hanford Reservation, Washington,
shall, in consultation with the signatories to the Tri-Party
Agreement, provide the State of Oregon an opportunity to
review and comment upon any information the Site Man-
ager provides the State of Washington under the Hanford
Tri-Party Agreement if the agreement provides for the re-
view and comment upon such information by the State of
Washington.
(2) In order to facilitate the review and comment of
the State of Oregon under paragraph (1), the Site Manager
shall provide information referred to in that paragraph to
the State of Oregon at the same time, or as soon thereafter
as is practicable, that the Site Manager provides such infor-
mation to the State of Washington.
(b) CONSTRUCTION.—This section may not be con-
strued—
(1) to require the Site Manager to provide the
State of Oregon sensitive information on enforcement
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under the Tri-Party Agreement or information on the
negotiation, dispute resolution, or State cost recovery
provisions of the agreement;
(2) to require the Site Manager to provide con-
fidential information on the budget or procurement at
Hanford under terms other than those provided in the
Tri-Party Agreement for the transmission of such
confidential information to the State of Washington;
(3) to authorize the State of Oregon to partici-
pate in enforcement actions, dispute resolution, or ne-
gotiation actions, conducted under the provisions of
the Tri-Party Agreement;
(4) to authorize any delay in the implementation
of remedial, environmental management, or other pro-
grammatic activities at Hanford; or
(5) to obligate the Department of Energy to pro-
vide additional funds to the State of Oregon.’’.
SEC. 506. SENSE OF THE SENATE, HANFORD MEMORANDUM
OF UNDERSTANDING.
It is the Sense of the Senate that—
(1) the State of Oregon has the authority to enter
into a memorandum of understanding with the State
of Washington, or a memorandum of understanding
with the State of Washington and the Site Manager
of the Hanford Reservation, Washington, in order to
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address issues of mutual concern to such States re-
garding the Hanford Reservation; and
(2) such agreements are not expected to create
any additional obligation of the Department of En-
ergy to provide funds to the State of Oregon.
SEC. 507. CORPUS CHRISTI EMERGENCY DROUGHT RELIEF.
For the purpose of providing emergency drought relief,
the Secretary of the Interior shall defer all principal and
interest payments without penalty or accrued interest for
a period of one year for the city of Corpus Christi, Texas,
and the Nueces River Authority under contract No. 6–07–
01–X0675 involving the Nueces River Reclamation Project,
Texas.
SEC. 508. CANADIAN RIVER MUNICIPAL WATER AUTHORITY
EMERGENCY DROUGHT RELIEF.
The Secretary shall defer all principal and interest
payments without penalty or accrued interest for a period
of one year for the Canadian River Municipal Water Au-
thority under contract No. 14–06–500–485 as emergency
drought relief to enable construction of additional water
supply and conveyance facilities.
SEC. 509. INTERSTATE TRANSPORTATION OF MUNICIPAL
SOLID WASTE.
(a) INTERSTATE WASTE.—
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(1) INTERSTATE TRANSPORTATION OF MUNICIPAL
SOLID WASTE.—
(A) AMENDMENT.—Subtitle D of the Solid
Waste Disposal Act (42 U.S.C. 6941 et seq.) is
amended by adding at the end the following new
section:
‘‘SEC. 4011. INTERSTATE TRANSPORTATION OF MUNICIPAL
SOLID WASTE.
‘‘(a) AUTHORITY TO RESTRICT OUT-OF-STATE MUNIC-
IPAL SOLID WASTE.—(1) Except as provided in paragraph
(4), immediately upon the date of enactment of this section
if requested in writing by an affected local government, a
Governor may prohibit the disposal of out-of-State munici-
pal solid waste in any landfill or incinerator that is not
covered by the exceptions provided in subsection (b) and
that is subject to the jurisdiction of the Governor and the
affected local government.
‘‘(2) Except as provided in paragraph (4), imme-
diately upon the date of publication of the list required in
paragraph (6)(C) and notwithstanding the absence of a re-
quest in writing by the affected local government, a Gov-
ernor, in accordance with paragraph (5), may limit the
quantity of out-of-State municipal solid waste received for
disposal at each landfill or incinerator covered by the excep-
tions provided in subsection (b) that is subject to the juris-
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diction of the Governor, to an annual amount equal to or
greater than the quantity of out-of-State municipal solid
waste received for disposal at such landfill or incinerator
during calendar year 1993.
‘‘(3)(A) Except as provided in paragraph (4), any
State that imported more than 750,000 tons of out-of-State
municipal solid waste in 1993 may establish a limit under
this paragraph on the amount of out-of-State municipal
solid waste received for disposal at landfills and inciner-
ators in the importing State as follows:
‘‘(i) In calendar year 1996, 95 percent of the
amount exported to the State in calendar year 1993.
‘‘(ii) In calendar years 1997 through 2002, 95
percent of the amount exported to the State in the
previous year.
‘‘(iii) In calendar year 2003, and each succeed-
ing year, the limit shall be 65 percent of the amount
exported in 1993.
‘‘(iv) No exporting State shall be required under
this subparagraph to reduce its exports to any im-
porting State below the proportionate amount estab-
lished herein.
‘‘(B)(i) No State may export to landfills or inciner-
ators in any 1 State that are not covered by host commu-
nity agreements or permits authorizing receipt of out-of-
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State municipal solid waste more than the following
amounts of municipal solid waste:
‘‘(I) In calendar year 1996, the greater of
1,400,000 tons or 90 percent of the amount exported
to the State in calendar year 1993.
‘‘(II) In calendar year 1997, the greater of
1,300,000 tons or 90 percent of the amount exported
to the State in calendar year 1996.
‘‘(III) In calendar year 1998, the greater of
1,200,000 tons or 90 percent of the amount exported
to the State in calendar year 1997.
‘‘(IV) In calendar year 1999, the greater of
1,100,000 tons or 90 percent of the amount exported
to the State in calendar year 1998.
‘‘(V) In calendar year 2000, 1,000,000 tons.
‘‘(VI) In calendar year 2001, 750,000 tons.
‘‘(VII) In calendar year 2002 or any calendar
year thereafter, 550,000 tons.
‘‘(ii) The Governor of an importing State may take
action to restrict levels of imports to reflect the appropriate
level of out-of-State municipal solid waste imports if—
‘‘(I) the Governor of the importing State has no-
tified the Governor of the exporting State and the Ad-
ministrator, 12 months prior to taking any such ac-
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tion, of the importing State’s intention to impose the
requirements of this section;
‘‘(II) the Governor of the importing State has
notified the Governor of the exporting State and the
Administrator of the violation by the exporting State
of this section at least 90 days prior to taking any
such action; and
‘‘(III) the restrictions imposed by the Governor
of the importing State are uniform at all facilities
and the Governor of the importing State may only
apply subparagraph (A) or (B) but not both.
‘‘(C) The authority provided by subparagraphs (A)
and (B) shall apply for as long as a State exceeds the per-
missible levels as determined by the Administrator under
paragraph (6)(C).
‘‘(4)(A) A Governor may not exercise the authority
granted under this section if such action would result in
the violation of, or would otherwise be inconsistent with,
the terms of a host community agreement or a permit issued
from the State to receive out-of-State municipal solid waste.
‘‘(B) Except as provided in paragraph (3), a Governor
may not exercise the authority granted under this section
in a manner that would require any owner or operator of
a landfill or incinerator covered by the exceptions provided
in subsection (b) to reduce the amount of out-of-State mu-
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nicipal solid waste received from any State for disposal at
such landfill or incinerator to an annual quantity less than
the amount received from such State for disposal at such
landfill or incinerator during calendar year 1993.
‘‘(5) Any limitation imposed by a Governor under
paragraph (2) or (3)—
‘‘(A) shall be applicable throughout the State;
‘‘(B) shall not directly or indirectly discriminate
against any particular landfill or incinerator within
the State; and
‘‘(C) shall not directly or indirectly discriminate
against any shipments of out-of-State municipal solid
waste on the basis of place of origin and all such lim-
itations shall be applied to all States in violation of
paragraph (3).
‘‘(6) ANNUAL STATE REPORT.—
‘‘(A) IN GENERAL.—Within 90 days after enact-
ment of this section and on April 1 of each year
thereafter the owner or operator of each landfill or in-
cinerator receiving out-of-State municipal solid waste
shall submit to the affected local government and to
the Governor of the State in which the landfill or in-
cinerator is located, information specifying the
amount and State of origin of out-of-State municipal
solid waste received for disposal during the preceding
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calendar year, and the amount of waste that was re-
ceived pursuant to host community agreements or
permits authorizing receipt of out-of-State municipal
solid waste. Within 120 days after enactment of this
section and on May 1 of each year thereafter each
State shall publish and make available to the Admin-
istrator, the Governor of the State of origin and the
public, a report containing information on the
amount of out-of-State municipal solid waste received
for disposal in the State during the preceding cal-
endar year.
‘‘(B) CONTENTS.—Each submission referred to
in this section shall be such as would result in crimi-
nal penalties in case of false or misleading informa-
tion. Such information shall include the amount of
waste received, the State of origin, the identity of the
generator, the date of the shipment, and the type of
out-of-State municipal solid waste. States making
submissions referred to in this section to the Adminis-
trator shall notice these submissions for public review
and comment at the State level before submitting
them to the Administrator.
‘‘(C) LIST.—The Administrator shall publish a
list of importing States and the out-of-State munici-
pal solid waste received from each State at landfills
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of enactment of this subsection shall, prior to taking such
action—
‘‘(A) notify the Governor, contiguous local gov-
ernments, and any contiguous Indian tribes;
‘‘(B) publish notice of the action in a newspaper
of general circulation at least 30 days before taking
such action;
‘‘(C) provide an opportunity for public comment;
and
‘‘(D) following notice and comment, take formal
action on any proposed request or action at a public
meeting.
‘‘(8) Any owner or operator seeking a host community
agreement after the date of enactment of this subsection
shall provide to the affected local government the following
information, which shall be made available to the public
from the affected local government:
‘‘(A) A brief description of the planned facility,
including a description of the facility size, ultimate
waste capacity, and anticipated monthly and yearly
waste quantities to be handled.
‘‘(B) A map of the facility site that indicates the
location of the facility in relation to the local road
system and topographical and hydrological features
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and any buffer zones and facility units to be acquired
by the owner or operator of the facility.
‘‘(C) A description of the existing environmental
conditions at the site, and any violations of applica-
ble laws or regulations.
‘‘(D) A description of environmental controls to
be utilized at the facility.
‘‘(E) A description of the site access controls to
be employed, and roadway improvements to be made,
by the owner or operator, and an estimate
of the timing and extent of increased local truck
traffic.
‘‘(F) A list of all required Federal, State, and
local permits.
‘‘(G) Any information that is required by State
or Federal law to be provided with respect to any vio-
lations of environmental laws (including regulations)
by the owner and operator, the disposition of enforce-
ment proceedings taken with respect to the violations,
and corrective measures taken as a result of the
proceedings.
‘‘(H) Any information that is required by State
or Federal law to be provided with respect to compli-
ance by the owner or operator with the State solid
waste management plan.
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‘‘(b) EXCEPTIONS TO AUTHORITY TO PROHIBIT OUT-
OF-STATE MUNICIPAL SOLID WASTE.—(1) The authority to
prohibit the disposal of out-of-State municipal solid waste
provided under subsection (a)(1) shall not apply to landfills
and incinerators in operation on the date of enactment of
this section that—
‘‘(A) received during calendar year 1993 docu-
mented shipments of out-of-State municipal solid
waste; and
‘‘(B)(i) in the case of landfills, are in compliance
with all applicable Federal and State laws and regu-
lations relating to operation, design and location
standards, leachate collection, ground water monitor-
ing, and financial assurance for closure and post-clo-
sure and corrective action; or
‘‘(ii) in the case of incinerators, are in compli-
ance with the applicable requirements of section 129
of the Clean Air Act (42 U.S.C. 7429) and applicable
State laws and regulations relating to facility design
and operations.
‘‘(2) A Governor may not prohibit the disposal of out-
of-State municipal solid waste pursuant to subsection
(a)(1) at facilities described in this subsection that are not
in compliance with applicable Federal and State laws and
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regulations unless disposal of municipal solid waste gen-
erated within the State at such facilities is also prohibited.
‘‘(c) ADDITIONAL AUTHORITY TO LIMIT OUT-OF-
STATE MUNICIPAL SOLID WASTE.—(1) In any case in
which an affected local government is considering entering
into, or has entered into, a host community agreement and
the disposal or incineration of out-of-State municipal solid
waste under such agreement would preclude the use of mu-
nicipal solid waste management capacity described in
paragraph (2), the Governor of the State in which the af-
fected local government is located may prohibit the execu-
tion of such host community agreement with respect to that
capacity.
‘‘(2) The municipal solid waste management capacity
referred to in paragraph (1) is that capacity—
‘‘(A) that is permitted under Federal or State
law;
‘‘(B) that is identified under the State plan; and
‘‘(C) for which a legally binding commitment be-
tween the owner or operator and another party has
been made for its use for disposal or incineration of
municipal solid waste generated within the region
(identified under section 4006(a)) in which the local
government is located.
‘‘(d) COST RECOVERY SURCHARGE.—
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‘‘(1) AUTHORITY.—A State described in para-
graph (2) may adopt a law and impose and collect
a cost recovery charge on the processing or disposal
of out-of-State municipal solid waste in the State in
accordance with this subsection.
‘‘(2) APPLICABILITY.—The authority to impose a
cost recovery surcharge under this subsection applies
to any State that on or before April 3, 1994, imposed
and collected a special fee on the processing or dis-
posal of out-of-State municipal solid waste pursuant
to a State law.
‘‘(3) LIMITATION.—No such State may impose or
collect a cost recovery surcharge from a facility on
any out-of-State municipal solid waste that is being
received at the facility under 1 or more contracts en-
tered into after April 3, 1994, and before the date of
enactment of this section.
‘‘(4) AMOUNT OF SURCHARGE.—The amount of
the cost recovery surcharge may be no greater than
the amount necessary to recover those costs deter-
mined in conformance with paragraph (6) and in no
event may exceed $1.00 per ton of waste.
‘‘(5) USE OF SURCHARGE COLLECTED.—All cost
recovery surcharges collected by a State covered by
this subsection shall be used to fund those solid waste
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management programs administered by the State or
its political subdivision that incur costs for which the
surcharge is collected.
‘‘(6) CONDITIONS.—(A) Subject to subparagraphs
(B) and (C), a State covered by this subsection may
impose and collect a cost recovery surcharge on the
processing or disposal within the State of out-of-State
municipal solid waste if—
‘‘(i) the State demonstrates a cost to the
State arising from the processing or disposal
within the State of a volume of municipal solid
waste from a source outside the State;
‘‘(ii) the surcharge is based on those costs to
the State demonstrated under clause (i) that, if
not paid for through the surcharge, would other-
wise have to be paid or subsidized by the State;
and
‘‘(iii) the surcharge is compensatory and is
not discriminatory.
‘‘(B) In no event shall a cost recovery surcharge
be imposed by a State to the extent that the cost for
which recovery is sought is otherwise paid, recovered,
or offset by any other fee or tax paid to the State or
its political subdivision or to the extent that the
amount of the surcharge is offset by voluntarily
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agreed payments to a State or its political subdivi-
sion in connection with the generation, transpor-
tation, treatment, processing, or disposal of solid
waste.
‘‘(C) The grant of a subsidy by a State with re-
spect to entities disposing of waste generated within
the State does not constitute discrimination for pur-
poses of subparagraph (A)(iii).
‘‘(7) DEFINITIONS.—As used in this subsection:
‘‘(A) The term ‘costs’ means the costs in-
curred by the State for the implementation of its
laws governing the processing or disposal of mu-
nicipal solid waste, limited to the issuance of
new permits and renewal of or modification of
permits, inspection and compliance monitoring,
enforcement, and costs associated with technical
assistance, data management, and collection of
fees.
‘‘(B) The term ‘processing’ means any ac-
tivity to reduce the volume of solid waste or alter
its chemical, biological or physical state, through
processes such as thermal treatment, bailing,
composting, crushing, shredding, separation, or
compaction.
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subsection (a)(1)(A), is amended by adding after sec-
tion 4011 the following new section:
‘‘SEC. 4012. STATE AND LOCAL GOVERNMENT CONTROL OF
MOVEMENT OF MUNICIPAL SOLID WASTE AND
RECYCLABLE MATERIAL.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) DESIGNATE; DESIGNATION.—The terms ‘des-
ignate’ and ‘designation’ refer to an authorization by
a State, political subdivision, or public service au-
thority, and the act of a State, political subdivision,
or public service authority in requiring or contrac-
tually committing, that all or any portion of the mu-
nicipal solid waste or recyclable material that is gen-
erated within the boundaries of the State, political
subdivision, or public service authority be delivered to
waste management facilities or facilities for recyclable
material or a public service authority identified by
the State, political subdivision, or public service au-
thority.
‘‘(2) FLOW
CONTROL
AUTHORITY.—The term
‘flow control authority’ means the authority to control
the movement of municipal solid waste or voluntarily
relinquished recyclable material and direct such solid
waste or voluntarily relinquished recyclable material