H. R. 3816—7
cost of $20,300,000 and an estimated first non-Federal cost of
$5,900,000.
SEC. 104. The project for navigation, Grays Landing Lock and
Dam, Monongahela River, Pennsylvania (Lock and Dam 7
Replacement), authorized by section 301(a) of the Water Resources
Development Act of 1986 (Public Law 99–662, 100 Stat. 4110)
is modified to authorize the Secretary of the Army to construct
the project at a total cost of $181,000,000, with an estimated first
Federal cost of $181,000,000.
SEC. 105. From the date of enactment of this Act, non-structural
flood control measures implemented under section 202(a) of Public
Law 96–367 shall prevent future losses that would occur from
a flood equal in magnitude to the April 1977 level by providing
protection from the April 1977 level or the 100-year frequency
event, whichever is greater.
SEC. 106. Notwithstanding any other provision of law, the
Secretary of the Army, acting through the Chief of Engineers,
is authorized to reprogram, obligate and expend such additional
sums as are necessary to continue construction and cover antici-
pated contract earnings of any water resources project that received
an appropriation or allowance for construction in or through an
appropriations Act or resolution of the then-current fiscal year
or the two fiscal years immediately prior to that fiscal year, in
order to prevent the termination of a contract or the delay of
scheduled work.
SEC. 107. The Corps of Engineers is hereby directed to complete
the Charleston Riverfront (Haddad) Park Project, West Virginia,
as described in the design memorandum approved November, 1992,
on a 50–50 cost-share basis with the City. The Corps of Engineers
shall pay one-half of all costs for settling contractor claims on
the completed project and for completing the wharf. The Federal
portion of these costs shall be obtained by reprogramming available
Operations & Maintenance funds. The project cost limitation in
the Project Cooperation Agreement shall be increased to reflect
the actual costs of the completed project.
SEC. 108. 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 $28,100,000 and an estimated first non-Federal cost of
$10,400,000.
SEC. 109. Funds previously provided under the Fiscal Year
1993 Energy and Water Development Appropriations Act, Public
Law 102–377, for the Elk Creek Dam, Oregon project, are hereby
made available to plan and implement long-term management
measures at Elk Creek Dam to maintain the project in an
uncompleted state and to take necessary steps to provide passive
fish passage through the project.
SEC. 110. The Secretary of the Army is authorized and directed
to modify the project for the Hudson River, New York, New York
City to Waterford, authorized by the Act of June 25, 1910 (Public
Law 264, 61st Congress, 36 Stat. 635), to include design and
construction of a 300-foot wide channel to a depth of 24 feet (mean
low water), extending from the existing Federal channel in the
vicinity of the Hudson City Light to the north dock at Union
Street, Athens, New York.
H. R. 3816—8
SEC. 111. Section 109(a) of Public Law 104–46 (109 Stat. 408)
with regard to Prestonsburg, Kentucky, is amended by striking
‘‘Modification No. 2’’ and inserting ‘‘Modification No. 3’’.
SEC. 112. The emergency gate construction project for Abiquiu
Dam, New Mexico, authorized by section 1112 of the Water
Resources Development Act of 1986 (Public Law 99–662, 100 Stat.
4232) is modified to authorize the Secretary of the Army, acting
through the Chief of Engineers, to construct the project at an
estimated total cost of $7,000,000. The non-Federal share of the
project shall be 25 percent of those costs of the project attributable
to an increase in flood protection as a result of the installation
of such gates.
TITLE II
DEPARTMENT OF THE INTERIOR
CENTRAL UTAH PROJECT
CENTRAL UTAH PROJECT COMPLETION ACCOUNT
For the purpose of carrying out provisions of the Central Utah
Project Completion Act, Public Law 102–575 (106 Stat. 4605), and
for feasibility studies of alternatives to the Uintah and Upalco
Units, $42,527,000, to remain available until expended, of which
$16,700,000 shall be deposited into the Utah Reclamation Mitiga-
tion and Conservation Account: Provided, That of the amounts
deposited into the Account, $5,000,000 shall be considered the Fed-
eral contribution authorized by paragraph 402(b)(2) of the Act and
$11,700,000 shall be available to the Utah Reclamation Mitigation
and Conservation Commission to carry out activities authorized
under the Act.
In addition, for necessary expenses incurred in carrying out
responsibilities of the Secretary of the Interior under the Act,
$1,100,000, to remain available until expended.
BUREAU OF RECLAMATION
For carrying out the functions of the Bureau of Reclamation
as provided in the Federal reclamation laws (Act of June 17, 1902,
32 Stat. 388, and Acts amendatory thereof or supplementary there-
to) and other Acts applicable to that Bureau as follows:
GENERAL INVESTIGATIONS
For engineering and economic investigations of proposed Fed-
eral reclamation projects and studies of water conservation and
development plans and activities preliminary to the reconstruction,
rehabilitation and betterment, financial adjustment, or extension
of existing projects, $16,650,000, to remain available until expended:
Provided, That of the total appropriated, the amount for program
activities which can be financed by the reclamation fund shall
be derived from that fund: Provided further, That funds contributed
by non-Federal entities for purposes similar to this appropriation
shall be available for expenditure for the purposes for which
contributed as though specifically appropriated for said purposes,
and such amounts shall remain available until expended: Provided
further, That of the total appropriated, $250,000 shall be available
H. R. 3816—9
to complete the appraisal study and initiate preconstruction
engineering and design for the Del Norte County and Crescent
City, California, Wastewater Reclamation Project, and $250,000
shall be available to complete the appraisal study and initiate
preconstruction engineering and design for the Fort Bragg,
California, Water Supply Project.
CONSTRUCTION PROGRAM
(INCLUDING TRANSFER OF FUNDS)
For construction and rehabilitation of projects and parts thereof
(including power transmission facilities for Bureau of Reclamation
use) and for other related activities as authorized by law,
$394,056,000, to remain available until expended, of which
$22,410,000 shall be available for transfer to the Upper Colorado
River Basin Fund authorized by section 5 of the Act of April
11, 1956 (43 U.S.C. 620d), and $58,740,000 shall be available for
transfer to the Lower Colorado River Basin Development Fund
authorized by section 403 of the Act of September 30, 1968 (43
U.S.C. 1543), and such amounts as may be necessary shall be
considered as though advanced to the Colorado River Dam Fund
for the Boulder Canyon Project as authorized by the Act of Decem-
ber 21, 1928, as amended: Provided, That of the total appropriated,
the amount for program activities which can be financed by the
reclamation fund shall be derived from that fund: Provided further,
That transfers to the Upper Colorado River Basin Fund and Lower
Colorado River Basin Development Fund may be increased or
decreased by transfers within the overall appropriation under this
heading: Provided further, That funds contributed by non-Federal
entities for purposes similar to this appropriation shall be available
for expenditure for the purposes for which contributed as though
specifically appropriated for said purposes, and such funds shall
remain available until expended: Provided further, That all costs
of the safety of dams modification work at Coolidge Dam, San
Carlos Irrigation Project, Arizona, performed under the authority
of the Reclamation Safety of Dams Act of 1978 (43 U.S.C. 506),
as amended, are in addition to the amount authorized in section
5 of said Act: Provided further, That section 301 of Public Law
102–250, Reclamation States Emergency Drought Relief Act of 1991,
is amended by inserting ‘‘1996, and 1997’’ in lieu of ‘‘and 1996’’:
Provided further, That the amount authorized by section 210 of
Public Law 100–557 (102 Stat. 2791), is amended to $56,362,000
(October 1996 prices plus or minus cost indexing), and funds are
authorized to be appropriated through the twelfth fiscal year after
construction funds are first made available: Provided further, That
utilizing funds appropriated for the Tucson Aqueduct System Reli-
ability Investigation, the Bureau of Reclamation is directed to com-
plete, by the end of fiscal year 1997, the environmental impact
statement being conducted on the proposed surface reservoir. The
Bureau of Reclamation is further directed to work with the City
of Tucson on any outstanding issues related to the preferred
alternative.
OPERATION AND MAINTENANCE
For operation and maintenance of reclamation projects or parts
thereof and other facilities, as authorized by law; and for a soil
H. R. 3816—10
and moisture conservation program on lands under the jurisdiction
of the Bureau of Reclamation, pursuant to law, $267,876,000, to
remain available until expended: Provided, That of the total appro-
priated, the amount for program activities which can be financed
by the reclamation fund shall be derived from that fund, and
the amount for program activities which can be derived from the
special fee account established pursuant to the Act of December
22, 1987 (16 U.S.C. 460l–6a, as amended), may be derived from
that fund: Provided further, That funds advanced by water users
for operation and maintenance of reclamation projects or parts
thereof shall be deposited to the credit of this appropriation and
may be expended for the same purpose and in the same manner
as sums appropriated herein may be expended, and such advances
shall remain available until expended: Provided further, That reve-
nues in the Upper Colorado River Basin Fund shall be available
for performing examination of existing structures on participating
projects of the Colorado River Storage Project.
BUREAU OF RECLAMATION LOAN PROGRAM ACCOUNT
For the cost of direct loans and/or grants, $12,290,000, to
remain available until expended, as authorized by the Small Rec-
lamation Projects Act of August 6, 1956, as amended (43 U.S.C.
422a–422l): Provided, That such costs, including the cost of modify-
ing such loans, shall be as defined in section 502 of the Congres-
sional Budget Act of 1974: Provided further, That these funds
are available to subsidize gross obligations for the principal amount
of direct loans not to exceed $37,000,000.
In addition, for administrative expenses necessary to carry
out the program for direct loans and/or grants, $425,000: Provided,
That of the total sums appropriated, the amount of program activi-
ties which can be financed by the reclamation fund shall be derived
from the fund.
CENTRAL VALLEY PROJECT RESTORATION FUND
For carrying out the programs, projects, plans, and habitat
restoration, improvement, and acquisition provisions of the Central
Valley Project Improvement Act, such sums as may be collected
in the Central Valley Project Restoration Fund pursuant to sections
3407(d), 3404(c)(3), 3405(f), and 3406(c)(1) of Public Law 102–575,
to remain available until expended: Provided, That the Bureau
of Reclamation is directed to levy additional mitigation and restora-
tion payments totaling $30,000,000 (October 1992 price levels) on
a three-year rolling average basis, as authorized by section 3407(d)
of Public Law 102–575.
GENERAL ADMINISTRATIVE EXPENSES
For necessary expenses of general administration and related
functions in the office of the Commissioner, the Denver office,
and offices in the five regions of the Bureau of Reclamation, to
remain available until expended, $46,000,000, to be derived from
the reclamation fund and to be nonreimbursable pursuant to the
Act of April 19, 1945 (43 U.S.C. 377): Provided, That no part
of any other appropriation in this Act shall be available for activities
or functions budgeted for the current fiscal year as general adminis-
trative expenses.
H. R. 3816—11
SPECIAL FUNDS
(TRANSFER OF FUNDS)
Sums herein referred to as being derived from the reclamation
fund or special fee account are appropriated from the special funds
in the Treasury created by the Act of June 17, 1902 (43 U.S.C.
391) or the Act of December 22, 1987 (16 U.S.C. 460l–6a, as
amended), respectively. Such sums shall be transferred, upon
request of the Secretary, to be merged with and expended under
the heads herein specified.
ADMINISTRATIVE PROVISION
Appropriations for the Bureau of Reclamation shall be available
for purchase of not to exceed 6 passenger motor vehicles for replace-
ment only.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
ENERGY SUPPLY, RESEARCH AND DEVELOPMENT ACTIVITIES
For expenses of the Department of Energy activities including
the purchase, construction and acquisition of plant and capital
equipment and other expenses necessary for energy supply, research
and development activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101, et seq.),
including the acquisition or condemnation of any real property
or any facility or for plant or facility acquisition, construction,
or expansion; purchase of passenger motor vehicles (not to exceed
24 for replacement only), $2,710,908,000, to remain available until
expended.
URANIUM SUPPLY AND ENRICHMENT ACTIVITIES
For expenses of the Department of Energy in connection with
operating expenses; the purchase, construction, and acquisition of
plant and capital equipment and other expenses necessary for ura-
nium supply and enrichment activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101,
et seq.) and the Energy Policy Act (Public Law 102–486, section
901), including the acquisition or condemnation of any real property
or any facility or for plant or facility acquisition, construction,
or expansion; purchase of electricity as necessary; and the purchase
of passenger motor vehicles (not to exceed 3 for replacement only);
$43,200,000, to remain available until expended: Provided, That
revenues received by the Department for uranium programs and
estimated to total $42,200,000 in fiscal year 1997 shall be retained
and used for the specific purpose of offsetting costs incurred by
the Department for such activities notwithstanding the provisions
of 31 U.S.C. 3302(b) and 42 U.S.C. 2296(b)(2): Provided further,
That the sum herein appropriated shall be reduced as revenues
are received during fiscal year 1997 so as to result in a final
fiscal year 1997 appropriation from the General Fund estimated
at not more than $1,000,000.
H. R. 3816—12
Section 161k. of the Atomic Energy Act of 1954 (42 U.S.C.
2201k) with respect to the Paducah Gaseous Diffusion Plant, Ken-
tucky, and the Portsmouth Gaseous Diffusion Plant, Ohio, the
guidelines shall require, at a minimum, the presence of an adequate
number of security guards carrying side arms at all times to ensure
maintenance of security at the gaseous diffusion plants.
Section 311(b) of the USEC Privatization Act (Public Law 104–
134, title III, chapter 1, subchapter A) insert the following:
‘‘(3) The Corporation shall pay to the Thrift Savings Fund
such employee and agency contributions as are required or
authorized by sections 8432 and 8351 of title 5, United States
Code, for employees who elect to retain their coverage under
CSRS or FERS pursuant to paragraph (1).’’.
URANIUM ENRICHMENT DECONTAMINATION AND DECOMMISSIONING
FUND
For necessary expenses in carrying out uranium enrichment
facility decontamination and decommissioning, remedial actions and
other activities of title II of the Atomic Energy Act of 1954 and
title X, subtitle A of the Energy Policy Act of 1992, $200,200,000,
to be derived from the Fund, to remain available until expended:
Provided, That $34,000,000 of amounts derived from the Fund
for such expenses shall be available in accordance with title X,
subtitle A, of the Energy Policy Act of 1992.
GENERAL SCIENCE AND RESEARCH ACTIVITIES
For expenses of the Department of Energy activities including
the purchase, construction and acquisition of plant and capital
equipment and other expenses necessary for general science and
research activities in carrying out the purposes of the Department
of Energy Organization Act (42 U.S.C. 7101, et seq.), including
the acquisition or condemnation of any real property or facility
or for plant or facility acquisition, construction, or expansion,
$996,000,000, to remain available until expended.
NUCLEAR WASTE DISPOSAL FUND
For nuclear waste disposal activities to carry out the purposes
of Public Law 97–425, as amended, including the acquisition of
real property or facility construction or expansion, $182,000,000,
to remain available until expended, to be derived from the Nuclear
Waste Fund: Provided, That none of the funds provided herein
shall be distributed to the State of Nevada or affected units of
local government (as defined by Public Law 97–425) by direct pay-
ment, grant, or other means, for financial assistance under section
116 of the Nuclear Waste Policy Act of 1982, as amended: Provided
further, That the foregoing proviso shall not apply to payments
in lieu of taxes under section 116(c)(3)(A) of the Nuclear Waste
Policy Act of 1982, as amended: Provided further, That no later
than September 30, 1998, the Secretary shall provide to the Presi-
dent and to the Congress a viability assessment of the Yucca
Mountain site. The viability assessment shall include:
(1) the preliminary design concept for the critical elements
for the repository and waste package;
(2) a total system performance assessment, based upon
the design concept and the scientific data and analysis available
H. R. 3816—13
by September 30, 1998, describing the probable behavior of
the repository in the Yucca Mountain geological setting relative
to the overall system performance standards;
(3) a plan and cost estimate for the remaining work
required to complete a license application; and
(4) an estimate of the costs to construct and operate the
repository in accordance with the design concept.
DEPARTMENTAL ADMINISTRATION
For salaries and expenses of the Department of Energy nec-
essary for Departmental Administration in carrying out the pur-
poses of the Department of Energy Organization Act (42 U.S.C.
7101, et seq.), including the hire of passenger motor vehicles and
official reception and representation expenses (not to exceed
$35,000), $215,021,000, to remain available until expended, plus
such additional amounts as necessary to cover increases in the
estimated amount of cost of work for others notwithstanding the
provisions of the Anti-Deficiency Act (31 U.S.C. 1511, et seq.):
Provided, That such increases in cost of work are offset by revenue
increases of the same or greater amount, to remain available until
expended: Provided further, That moneys received by the Depart-
ment 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 esti-
mated at not more than $89,633,000.
OFFICE OF THE INSPECTOR GENERAL
For necessary expenses of the Office of the Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended, $23,853,000, to remain available until expended.
ATOMIC ENERGY DEFENSE ACTIVITIES
WEAPONS ACTIVITIES
For Department of Energy expenses, including the purchase,
construction and acquisition of plant and capital equipment and
other expenses necessary for atomic energy defense weapons activi-
ties in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101, et seq.), including the acquisition
or condemnation of any real property or any facility or for plant
or facility acquisition, construction, or expansion; and the purchase
of passenger motor vehicles (not to exceed 94 for replacement only),
$3,911,198,000, to remain available until expended.
DEFENSE ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT
For Department of Energy expenses, including the purchase,
construction and acquisition of plant and capital equipment and
other expenses necessary for atomic energy defense environmental
restoration and waste management activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C.
H. R. 3816—14
7101, et seq.), including the acquisition or condemnation of any
real property or any facility or for plant or facility acquisition,
construction, or expansion; and the purchase of passenger motor
vehicles (not to exceed 20, of which 19 are for replacement only),
$5,459,304,000, to remain available until expended and, in addition,
$160,000,000 for privatization initiatives, to remain available until
expended.
OTHER DEFENSE ACTIVITIES
For Department of Energy expenses, including the purchase,
construction and acquisition of plant and capital equipment and
other expenses necessary for atomic energy defense, other defense
activities, in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101, et seq.), including the acquisition
or condemnation of any real property or any facility or for plant
or facility acquisition, construction, or expansion, and the purchase
of passenger motor vehicles (not to exceed 2 for replacement only),
$1,605,733,000, to remain available until expended.
DEFENSE NUCLEAR WASTE DISPOSAL
For nuclear waste disposal activities to carry out the purposes
of Public Law 97–425, as amended, including the acquisition of
real property or facility construction or expansion, $200,000,000,
to remain available until expended.
POWER MARKETING ADMINISTRATIONS
OPERATION AND MAINTENANCE, ALASKA POWER ADMINISTRATION
For necessary expenses of operation and maintenance of
projects in Alaska and of marketing electric power and energy,
$4,000,000, to remain available until expended.
BONNEVILLE POWER ADMINISTRATION FUND
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93–454, are approved for official
reception and representation expenses in an amount not to exceed
$3,000.
During fiscal year 1997, no new direct loan obligations may
be made.
OPERATION AND MAINTENANCE, SOUTHEASTERN POWER
ADMINISTRATION
For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and energy
pursuant to the provisions of section 5 of the Flood Control Act
of 1944 (16 U.S.C. 825s), as applied to the southeastern power
area, $16,359,000, to remain available until expended.
OPERATION AND MAINTENANCE, SOUTHWESTERN POWER
ADMINISTRATION
For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and energy,
and for construction and acquisition of transmission lines, sub-
stations and appurtenant facilities, and for administrative expenses,
H. R. 3816—15
including official reception and representation expenses in an
amount not to exceed $1,500 in carrying out the provisions of
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as
applied to the southwestern power area, $25,210,000, to remain
available until expended; in addition, notwithstanding the provi-
sions of 31 U.S.C. 3302, not to exceed $3,787,000 in reimbursements,
to remain available until expended.
CONSTRUCTION, REHABILITATION, OPERATION AND MAINTENANCE,
WESTERN AREA POWER ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7101, et seq.),
and other related activities including conservation and renewable
resources programs as authorized, including official reception and
representation expenses in an amount not to exceed $1,500,
$193,582,000, to remain available until expended, of which
$185,687,000 shall be derived from the Department of the Interior
Reclamation Fund: Provided, That of the amount herein appro-
priated, $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 transmission activities of the Boulder Canyon project
as provided in section 104(a)(4) of the Hoover Power Plant Act
of 1984, to remain available until expended.
FALCON AND AMISTAD OPERATING AND MAINTENANCE FUND
For operation, maintenance, and emergency costs for the hydro-
electric facilities at the Falcon and Amistad Dams, $970,000, to
remain available until expended, and to be derived from the Falcon
and Amistad Operating and Maintenance Fund of the Western
Area Power Administration, as provided in section 423 of the For-
eign Relations Authorization Act, fiscal years 1994 and 1995.
FEDERAL ENERGY REGULATORY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Energy Regulatory
Commission to carry out the provisions of the Department of Energy
Organization Act (42 U.S.C. 7101, et seq.), including services as
authorized by 5 U.S.C. 3109, the hire of passenger motor vehicles,
and official reception and representation expenses (not to exceed
$3,000), $146,290,000, to remain available until expended: Provided,
That notwithstanding any other provision of law, not to exceed
$146,290,000 of revenues from fees and annual charges, and other
services and collections in fiscal year 1997 shall be retained and
used for necessary expenses in this account, and shall remain
available until expended: Provided further, That the sum herein
appropriated shall be reduced as revenues are received during
fiscal year 1997 so as to result in a final fiscal year 1997 appropria-
tion from the General Fund estimated at not more than $0.
H. R. 3816—16
GENERAL PROVISIONS
PRIORITY PLACEMENT, JOB PLACEMENT, RETRAINING, AND COUNSEL-
ING
PROGRAMS
FOR
UNITED
STATES
DEPARTMENT
OF
ENERGY
EMPLOYEES AFFECTED BY A REDUCTION IN FORCE
SEC. 301. (a) DEFINITIONS.—
(1) For the purposes of this section, the term ‘‘agency’’
means the United States Department of Energy.
(2) For the purposes of this section, the term ‘‘eligible
employee’’ means any employee of the agency who—
(A) is scheduled to be separated from service due to
a reduction in force under—
(i) regulations prescribed under section 3502 of
title 5, United States Code; or
(ii) procedures established under section 3595 of
title 5, United States Code; or
(B) is separated from service due to such a reduction
in force, but does not include—
(i) an employee separated from service for cause
on charges of misconduct or delinquency; or
(ii) an employee who, at the time of separation,
meets the age and service requirements for an imme-
diate annuity under subchapter III of chapter 83 or
chapter 84 of title 5, United States Code.
(b) PRIORITY PLACEMENT AND RETRAINING PROGRAM.—Not later
than 30 days after the date of the enactment of this Act, the
United States Department of Energy shall establish an agency-
wide priority placement and retraining program for eligible
employees.
(c) The priority placement program established under sub-
section (b) shall include provisions under which a vacant position
shall not be filled by the appointment or transfer of any individual
from outside of the agency if—
(1) there is then available any eligible employee who applies
for the position within 30 days of the agency issuing a job
announcement and is qualified (or can be trained or retrained
to become qualified within 90 days of assuming the position)
for the position; and
(2) the position is within the same commuting area as
the eligible employee’s last-held position or residence.
(d) JOB PLACEMENT AND COUNSELING SERVICES.—The head of
the agency may establish a program to provide job placement and
counseling services to eligible employees. A program established
under subsection (d) may include, but is not limited to, such services
as—
(1) career and personal counseling;
(2) training and job search skills; and
(3) job placement assistance, including assistance provided
through cooperative arrangements with State and local employ-
ment services offices.
SEC. 302. None of the funds appropriated by this or any other
Act may be used to implement section 3140 of H.R. 3230 as reported
by the Committee of Conference on July 30, 1996. The Secretary
of Energy shall develop a plan to reorganize the field activities
and management of the national security functions of the Depart-
ment of Energy and shall submit such plan to the Congress not
later than 120 days after the date of enactment of this Act. The
H. R. 3816—17
plan will specifically identify all significant functions performed
by the Department’s national security operations and area offices
and make recommendations as to where those functions should
be performed.
TITLE IV
INDEPENDENT AGENCIES
APPALACHIAN REGIONAL COMMISSION
For expenses necessary to carry out the programs authorized
by the Appalachian Regional Development Act of 1965, as amended,
notwithstanding section 405 of said Act, and for necessary expenses
for the Federal Co-Chairman and the alternate on the Appalachian
Regional Commission and for payment of the Federal share of
the administrative expenses of the Commission, including services
as authorized by 5 U.S.C. 3109, and hire of passenger motor
vehicles, $160,000,000, to remain available until expended.
DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SALARIES AND EXPENSES
For necessary expenses of the Defense Nuclear Facilities Safety
Board in carrying out activities authorized by the Atomic Energy
Act of 1954, as amended by Public Law 100–456, section 1441,
$16,000,000, to remain available until expended.
NUCLEAR REGULATORY COMMISSION
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Commission in carrying out
the purposes of the Energy Reorganization Act of 1974, as amended,
and the Atomic Energy Act of 1954, as amended, including the
employment of aliens; services authorized by 5 U.S.C. 3109; publica-
tion and dissemination of atomic information; purchase, repair,
and cleaning of uniforms; official representation expenses (not to
exceed $20,000); reimbursements to the General Services Adminis-
tration for security guard services; hire of passenger motor vehicles
and aircraft, $471,800,000, to remain available until expended:
Provided, That of the amount appropriated herein, $11,000,000
shall be derived from the Nuclear Waste Fund: Provided further,
That from this appropriation, transfer of sums may be made to
other agencies of the Government for the performance of the work
for which this appropriation is made, and in such cases the sums
so transferred may be merged with the appropriation to which
transferred: Provided further, That moneys received by the Commis-
sion for the cooperative nuclear safety research program, services
rendered to foreign governments and international organizations,
and the material and information access authorization programs,
including criminal history checks under section 149 of the Atomic
Energy Act may be retained and used for salaries and expenses
associated with those activities, notwithstanding 31 U.S.C. 3302,
and shall remain available until expended: Provided further, That
revenues from licensing fees, inspection services, and other services
H. R. 3816—18
and collections estimated at $457,300,000 in fiscal year 1997 shall
be retained and used for necessary salaries and expenses in this
account, notwithstanding 31 U.S.C. 3302, and shall remain avail-
able until expended: Provided further, That the funds herein appro-
priated for regulatory reviews and other activities pertaining to
waste stored at the Hanford site, Washington, shall be excluded
from license fee revenues, notwithstanding 42 U.S.C. 2214: Provided
further, That the sum herein appropriated shall be reduced by
the amount of revenues received during fiscal year 1997 from licens-
ing fees, inspection services and other services and collections,
excluding those moneys received for the cooperative nuclear safety
research program, services rendered to foreign governments and
international organizations, and the material and information
access authorization programs, so as to result in a final fiscal
year 1997 appropriation estimated at not more than $14,500,000.
OFFICE OF INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
as amended, including services authorized by 5 U.S.C. 3109,
$5,000,000, to remain available until expended; and in addition,
an amount not to exceed 5 percent of this sum may be transferred
from Salaries and Expenses, Nuclear Regulatory Commission: Pro-
vided, That notice of such transfers shall be given to the Committees
on Appropriations of the House and Senate: Provided further, That
from this appropriation, transfers of sums may be made to other
agencies of the Government for the performance of the work for
which this appropriation is made, and in such cases the sums
so transferred may be merged with the appropriation to which
transferred: Provided further, That revenues from licensing fees,
inspection services, and other services and collections shall be
retained and used for necessary salaries and expenses in this
account, notwithstanding 31 U.S.C. 3302, and shall remain avail-
able until expended: 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 services, and other
services and collections, so as to result in a final fiscal year 1997
appropriation estimated at not more than $0.
NUCLEAR WASTE TECHNICAL REVIEW BOARD
SALARIES AND EXPENSES
For necessary expenses of the Nuclear Waste Technical Review
Board, as authorized by Public Law 100–203, section 5051,
$2,531,000, to be derived from the Nuclear Waste Fund, and to
remain available until expended.
TENNESSEE VALLEY AUTHORITY
For the purpose of carrying out the provisions of the Tennessee
Valley Authority Act of 1933, as amended (16 U.S.C. ch. 12A),
including hire, maintenance, and operation of aircraft, and purchase
and hire of passenger motor vehicles, $106,000,000, to remain avail-
able until expended: Provided, That of the funds provided herein,
H. R. 3816—19
$15,000,000 shall be made available for the Environmental
Research Center in Muscle Shoals, Alabama: Provided further, That
of the funds provided herein, $6,000,000 shall be made available
for operation, maintenance, improvement, and surveillance of Land
Between the Lakes: Provided further, That of the amount provided
herein, $15,000,000 shall be available for Economic Development
activities: Provided further, That none of the funds provided herein,
shall be available for detailed engineering and design or construct-
ing a replacement for Chickamauga Lock and Dam on the Tennessee
River System.
TITLE V
GENERAL PROVISIONS
SEC. 501. (a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND
PRODUCTS.—It is the sense of the Congress that, to the greatest
extent practicable, all equipment and products purchased with
funds made available in this Act should be American-made.
(b) NOTICE REQUIREMENT.—In providing financial assistance
to, or entering into any contract with, any entity using funds
made available in this Act, the head of each Federal agency, to
the greatest extent practicable, shall provide to such entity a notice
describing the statement made in subsection (a) by the Congress.
(c) PROHIBITION OF CONTRACTS WITH PERSONS FALSELY LABEL-
ING PRODUCTS AS MADE IN AMERICA.—If it has been finally deter-
mined by a court or Federal agency that any person intentionally
affixed a label bearing a ‘‘Made in America’’ inscription, or any
inscription with the same meaning, to any product sold in or shipped
to the United States that is not made in the United States, the
person shall be ineligible to receive any contract or subcontract
made with funds made available in this Act, pursuant to the debar-
ment, suspension, and ineligibility procedures described in sections
9.400 through 9.409 of title 48, Code of Federal Regulations.
SEC. 502. 42 U.S.C. 7262 is repealed.
SEC. 503. (a) None of the funds appropriated or otherwise
made available by this Act may be used to determine the final
point of discharge for the interceptor drain for the San Luis Unit
until development by the Secretary of the Interior and the State
of California of a plan, which shall conform to the water quality
standards of the State of California as approved by the Adminis-
trator of the Environmental Protection Agency, to minimize any
detrimental effect of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program
and the costs of the San Joaquin Valley Drainage Program shall
be classified by the Secretary of the Interior as reimbursable or
nonreimbursable and collected until fully repaid pursuant to the
‘‘Cleanup 
Program—Alternative 
Repayment 
Plan’’ 
and 
the
‘‘SJVDP—Alternative Repayment Plan’’ described in the report enti-
tled ‘‘Repayment Report, Kesterson Reservoir Cleanup Program
and San Joaquin Valley Drainage Program, February 1995’’, pre-
pared by the Department of the Interior, Bureau of Reclamation.
Any future obligations of funds by the United States relating to,
or providing for, drainage service or drainage studies for the San
Luis Unit shall be fully reimbursable by San Luis Unit beneficiaries
of such service or studies pursuant to Federal Reclamation law.
H. R. 3816—20
SEC. 504. None of the funds made available in this Act may
be used to revise the Missouri River Master Water Control Manual
when it is made known to the Federal entity or official to which
the funds are made available that such revision provides for an
increase in the springtime water release program during the spring
heavy rainfall and snow melt period in States that have rivers
draining into the Missouri River below the Gavins Point Dam.
SEC. 505. Public Law 101–514, the Energy and Water Develop-
ment Appropriations Act, 1991, is amended effective September
30, 1997 or upon operation of the temperature control device, by
striking the proviso under the heading ‘‘Construction, Rehabilita-
tion, 
Operation 
and 
Maintenance, 
Western 
Area 
Power
Administration’’.
SEC. 506. The Secretary of the Interior shall extend the water
service contracts for the following projects, entered into by the
Secretary of the Interior under subsection (e) of section 9 of the
Reclamation Project Act of 1939 (43 U.S.C. 485h) and section 9(c)
of the Act of December 22, 1944 (58 Stat. 891, chapter 665), for
a period of 1 additional year after the dates on which each of
the contracts, respectively, would expire but for this section:
(1) The Bostwick District (Kansas portion), Missouri River
Basin Project, consisting of the project constructed and operated
under the Act of December 22, 1944 (58 Stat. 887, chapter
665), as a component of the Pick-Sloan Missouri Basin Program,
situated in Republic County, Jewell County, and Cloud County,
Kansas.
(2) The Bostwick District (Nebraska portion), Missouri
River Basin Project, consisting of the project constructed and
operated under the Act of December 22, 1944 (58 Stat. 887,
chapter 665), as a component of the Pick-Sloan Missouri Basin
Program, situated in Harlan County, Franklin County, Webster
County, and Nuckolls County, Nebraska.
(3) The Frenchman-Cambridge District, Missouri River
Basin Project, consisting of the project constructed and operated
under the Act of December 22, 1944 (58 Stat. 887, chapter
665), as a component of the Pick-Sloan Missouri Basin Program,
situated in Chase County, Frontier County, Hitchcock County,
Furnas County, and Harlan County, Nebraska.
SEC. 507. Funds made available by this Act to the Department
of Energy shall be available only for the purposes for which they
have been made available by this Act. The Department of Energy
shall report by February 28, 1997 to the Committees on Appropria-
tions of the House and Senate on the Department of Energy’s
adherence to the recommendations included in the accompanying
report.
SEC. 508. (a) DENIAL OF FUNDS FOR PREVENTING ROTC ACCESS
TO CAMPUS.—None of the funds made available in this Act may
be provided by contract or by grant (including a grant of funds
to be available for student aid) to a subelement of an institution
of higher education when it is made known to the Federal official
having authority to obligate or expend such funds that the subele-
ment of such institution has a policy or practice (regardless of
when implemented) that prohibits, or in effect prevents—
(1) the maintaining, establishing, or operation of a unit
of the Senior Reserve Officer Training Corps (in accordance
with section 654 of title 10, United States Code, and other