H. R. 3816—21
applicable 
Federal 
laws) 
at 
the 
subelement 
of 
such
institution; or
(2) a student at the institution (or subelement) from enroll-
ing in a unit of the Senior Reserve Officer Training Corps
at another institution of higher education.
(b) EXCEPTION.—The limitation established in subsection (a)
shall not apply to an institution of higher education when it is
made known to the Federal official having authority to obligate
or expend such funds that—
(1) the institution (or subelement) has ceased the policy
or practice described in such subsection; or
(2) the institution has a longstanding policy of pacifism
based on historical religious affiliation.
SEC. 509. (a) DENIAL
OF FUNDS
FOR PREVENTING FEDERAL
MILITARY RECRUITING ON CAMPUS.—None of the funds made avail-
able in this Act may be provided by contract or 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 subelement of such institution has a policy or practice
(regardless of when implemented) that prohibits, or in effect
prevents—
(1) entry to campuses, or access to students (who are 17
years of age or older) on campuses, for purposes of Federal
military recruiting; or
(2) access to the following information pertaining to stu-
dents (who are 17 years of age or older) for purposes of Federal
military recruiting: student names, addresses, telephone list-
ings, dates and places of birth, levels of education, degrees
received, prior military experience, and the most recent pre-
vious educational institutions enrolled in by the students.
(b) EXCEPTION.—The limitation established in subsection (a)
shall not apply to an institution of higher education when it is
made known to the Federal official having authority to obligate
or expend such funds that—
(1) the institution (or subelement) has ceased the policy
or practice described in such subsection; or
(2) the institution has a longstanding policy of pacifism
based on historical religious affiliation.
SEC. 510. None of the funds made available in this Act may
be obligated or expended to enter into or renew a contract with
an entity when it is made known to the Federal official having
authority to obligate or expend such funds that—
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in section 4212(d)
of title 38, United States Code, regarding submission of an
annual report to the Secretary of Labor concerning employment
of certain veterans; and
(2) such entity has not submitted a report as required
by that section for the most recent year for which such require-
ment was applicable to such entity.
SEC. 511. The Administrator may offer employees voluntary
separation incentives as deemed necessary which shall not exceed
$25,000. Recipients who accept employment with the United States
within five years after separation shall repay the entire amount
to the Bonneville Power Administration. This authority shall expire
September 30, 2000.
H. R. 3816—22
SEC. 512. Following section 4(h)(10)(C) of the Northwest Power
Planning and Conservation Act, insert the following new section:
(4)(h)(10)(D) INDEPENDENT SCIENTIFIC REVIEW PANEL.—(i) The
Northwest Power Planning Council (Council) shall appoint an
Independent Scientific Review Panel (Panel), which shall be com-
prised of eleven members, to review projects proposed to be funded
through that portion of the Bonneville Power Administration’s
(BPA) annual fish and wildlife budget that implements the Council’s
fish and wildlife program. Members shall be appointed from a
list of no fewer than 20 scientists submitted by the National Acad-
emy of Sciences (Academy), provided that Pacific Northwest sci-
entists with expertise in Columbia River anadromous and non-
anadromous fish and wildlife and ocean experts shall be among
those represented on the Panel. The Academy shall provide such
nominations within 90 days of the date of this enactment, and
in any case not later than December 31, 1996. If appointments
are required in subsequent years, the Council shall request nomina-
tions from the Academy and the Academy shall provide nominations
not later than 90 days after the date of this request. If the Academy
does not provide nominations within these time requirements, the
Council may appoint such members as the Council deems
appropriate.
(ii) SCIENTIFIC PEER REVIEW GROUPS.—The Council shall estab-
lish Scientific Peer Review Groups (Peer Review Groups), which
shall be comprised of the appropriate number of scientists, from
a list submitted by the Academy to assist the Panel in making
its recommendations to the Council for projects to be funded through
BPA’s annual fish and wildlife budget, provided that Pacific North-
west scientists with expertise in Columbia River anadromous and
non-anadromous fish and wildlife and ocean experts shall be among
those represented on the Peer Review Groups. The Academy shall
provide such nominations within 90 days of the date of this enact-
ment, and in any case not later than December 31, 1996. If appoint-
ments are required in subsequent years, the Council shall request
nominations from the Academy and the Academy shall provide
nominations not later than 90 days after the date of this request.
If the Academy does not provide nominations within these time
requirements, the Council may appoint such members as the Coun-
cil deems appropriate.
(iii) CONFLICT OF INTEREST AND COMPENSATION.—Panel and
Peer Review Group members may be compensated and shall be
considered subject to the conflict of interest standards that apply
to scientists performing comparable work for the National Academy
of Sciences; provided that a Panel or Peer Review Group members
with a direct or indirect financial interest in a project, or projects,
shall recuse himself or herself from review of, or recommendations
associated with, such project or projects. All expenses of the Panel
and the Peer Review Groups shall be paid by BPA as provided
for under paragraph (vii). Neither the Panel nor the Peer Review
Groups shall be deemed advisory committees within the meaning
of the Federal Advisory Committee Act.
(iv) PROJECT CRITERIA
AND REVIEW.—The Peer 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
no later than June 15 of each year. If the recommendations are
not received by the Council by this date, the Council may proceed
H. R. 3816—23
to make final recommendations on project funding to BPA, relying
on the best information available. The Panel and Peer Review
Groups shall review a sufficient number of projects to adequately
ensure that the list of prioritized projects recommended is consistent
with the Council’s program. Project recommendations shall be based
on a determination that projects: are based on sound science prin-
ciples; benefit fish and wildlife; and have a clearly defined objective
and outcome with provisions 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 expendi-
tures based upon these criteria and submit its findings to the
Council for its review.
(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 its findings to the Panel. The
Panel shall analyze the information submitted by the Peer Review
Groups and submit recommendations 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 reasons 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 deter-
mine whether the projects employ cost-effective measures to achieve
program objectives. The Council, after consideration of the rec-
ommendations 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.
(viii) EXPIRATION.—This paragraph shall expire on September
30, 2000.
DESIGNATION OF JIM CHAPMAN LAKE
SEC. 513. Cooper Lake, located on the Sulphur River near
Cooper, Texas, is named and designated as the ‘‘Jim Chapman
Lake’’. Any reference in a law, map, regulation, document, or record
of the United States to such lake shall be held to be a reference
to the ‘‘Jim Chapman Lake’’.
DESIGNATION OF WILLIAM L. JESS DAM AND INTAKE STRUCTURE
SEC. 514. The dam located at mile 158.6 on the Rogue River
in Jackson County, Oregon, and commonly known as the Lost
Creek Dam Lake Project, shall be known and designated as the
‘‘William L. Jess Dam and Intake Structure’’. Any reference in
a law, map, regulation, document, paper, or other record of the
United States to the dam referred to as Lost Creek Dam Lake
Project, shall be deemed to be a reference to the ‘‘William L.
Jess Dam and Intake Structure’’.
H. R. 3816—24
DESIGNATION OF J. BENNETT JOHNSTON WATERWAY
SEC. 515. The portion of the Red River, Louisiana, from new
river mile 0 to new river mile 235 shall be known and designated
as the ‘‘J. Bennett Johnston Waterway’’. Any reference in a law,
map, regulation, document, paper, or other record of the United
States to such portion of the Red River shall be deemed to be
a reference to the ‘‘J. Bennett Johnston Waterway’’.
This Act may be cited as the ‘‘Energy and Water Development
Appropriations Act, 1997’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.