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NUCLEAR WASTE TECHNICAL REVIEW BOARD
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Nuclear Waste Tech-
nical Review Board, as authorized by Public Law 100–
203, section 5051, Ω47æ$2,531,000 $2,664,000, to be
transferred from the Nuclear Waste Fund and to remain
available until expended.
Ω48æSUSQUEHANNA RIVER BASIN COMMISSION
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),
$280,000: Provided, That the United States Commissioner
(Alternate Federal Member) shall not be compensated at a
level higher than General Schedule level 15.
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), $288,000.
TENNESSEE VALLEY AUTHORITY
TENNESSEE VALLEY AUTHORITY FUND
For the purpose of carrying out the provisions of the
Tennessee Valley Authority Act of 1933, as amended (16
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U.S.C. ch. 12A), including purchase, hire, maintenance,
and operation of aircraft, and purchase and hire of pas-
senger motor vehicles, Ω49æ$103,339,000 $110,339,000,
to remain available until expendedΩ50æ. Of the funds ap-
propriated under this heading, not more than $25,000,000
may be expended for the Tennessee Valley Authority Envi-
ronmental Research Center in Muscle Shoals, Alabama, in
the event that the Center expends less than $25,000,000,
such amount not expended shall be returned to the United
States Treasury and the Tennessee Valley Authority appro-
priation reduced accordingly and the Tennessee Valley Au-
thority shall take steps to obtain funding from other sources
so as to reduce appropriated funding in the future and, not
later than January 1, 1996, submit to Congress a prelimi-
nary plan securing funding from other sources.
TITLE V
GENERAL PROVISIONS
Ω51æSEC. 501. Sec. 505 of Public Law 102–377, the
Fiscal Year 1993 Energy and Water Development Appro-
priations Act, and section 208 of Public Law 99–349, the
Urgent Supplemental Appropriations Act, 1986, are re-
pealed.
SEC. 502. Sec. 510 of Public Law 101–514, the Fis-
cal Year 1991 Energy and Water Development Appropria-
tions Act, is repealed.
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SEC. 503. Without fiscal year limitation and notwith-
standing section 502(b)(5) of the Nuclear Waste Policy
Act, as amended, or any other provision of law, a member
of the Nuclear Waste Technical Review Board whose term
has expired may continue to serve as a member of the
Board until such member’s successor has taken office.
Ω52æSEC. 504. None of the funds made available in
this Act may be used for any program, project, or activity,
when it is made known to the Federal entity or official
to which the funds are made available that the program,
project, or activity is not in compliance with any applicable
Federal law relating to risk assessment, the protection of
private property rights, or unfunded mandates.
SEC. 505. (a) PURCHASE
OF
AMERICAN-MADE
EQUIPMENT AND PRODUCTS.—It is the sense of the Con-
gress that, to the greatest extent practicable, all equip-
ment 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 en-
tity 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 state-
ment made in subsection (a) by the Congress.
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SEC. 506. 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 Fed-
eral entity or official to which the funds are made available
that such revision provides for an increase in the spring-
time water release program during the spring heavy rain-
fall and snow melt period in States that have rivers drain-
ing into the Missouri River below the Gavins Point Dam.
Ω53æSEC. 507. The amount otherwise provided in
this Act for the following account is hereby reduced by
the following amount:
(1) ‘‘Nuclear Waste Disposal Fund’’, aggregate
amount, $1,000.
Ω54æSEC. 508. None of the funds made available in
this Act for the Army Corps of Engineers Upper Mis-
sissippi River-Illinois Waterway System Navigation Study
may be used to study any portion of the Upper Mississippi
River located above Lock and Dam 14 at Moline, Illinois,
and Bettendorf, Iowa, except that the limitation in this
section shall not apply to the conducting of any system-
wide environmental baseline study pursuant to the Na-
tional Environmental Policy Act.
Ω55æSEC. 509. Without fiscal year limitation, the
amount of fish and wildlife costs that the Bonneville Power
Administration may incur during a fiscal year shall not
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exceed its ability to pay as a percent of the preceding years
gross annual power revenues exclusive of gross residential
exchange revenues that the Bonneville Administrator ac-
crues in that fiscal year. No branch or agency of the Federal
Government shall take any action pursuant to any law
which shall cause the Bonneville Power Administration to
exceed this expenditure limitation.
‘‘Fish and wildlife costs’’ includes—
(1) purchase power costs and lost revenues, as
determined by the Bonneville Administrator (subject
to independent audit), based on the forecast value of
such costs or revenues under average flow conditions,
related to operations of the Federal Columbia River
Power System for the benefit of fish and wildlife af-
fected by the development, operation, or management
of such system using operations prior to passage of
the Northwest Power Act as a baseline for calculating
such costs;
(2) expenditures; and
(3) reimbursable costs.
This provision shall be implemented on October 1, 1995 un-
less there is a valid agreement which limits Bonneville’s ex-
posure to increases in fish and wildlife costs consistent with
its ability to pay and the needs for fish and wildlife re-
sources in the Columbia River Basin.
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Ω56æSEC. 510. MAGNETIC FUSION ENERGY ENGI-
NEERING.
Section 7 of the Magnetic Fusion Energy Engineering
Act (42 U.S.C. 9396) is repealed.
SEC. 511. REPEAL OF REPORT ON VERIFICATION TECH-
NIQUES FOR PRODUCTION OF PLUTONIUM
AND HIGHLY ENRICHED URANIUM.
Section 3131 of the National Defense Authorization
Act for Fiscal Year 1991 (Public Law 101–510; 104 Stat.
1839) is amended by striking out subsection (c).
Ω57æSEC. 512. SENSE OF THE SENATE ON THE
CONFERENCE ON S. 4, THE LINE ITEM VETO ACT.
(a) FINDINGS.—The Senate finds that—
(1) the line item veto was a major plank in the
House majority’s ‘‘Contract with America’’ and has
received strong bipartisan support in the 104th Con-
gress;
(2) the House of Representatives on February 6,
1995, passed H.R. 2, the Line Item Veto Act, on a
vote of 294–134;
(3) the Senate on March 23, 1995, passed S. 4,
the Separate Enrollment and Line Item Veto Act of
1995, on a vote of 69–29;
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(4) the House passed S. 4, with the text of H.R.
2 inserted, by voice vote on May 17, 1995, 50 days
after passage by the Senate;
(5) notwithstanding the failure of the House to
request a conference, the Senate disagreed with the
House amendments, requested a conference and ap-
pointed conferees on S. 4 on June 20, 1995;
(6) the papers for S. 4 have been held at the desk
of the Speaker of the House for 42 days and the
Speaker of the House has not yet moved to appoint
conferees;
(7) with the passage of time it increasingly ap-
pears that the Congress may pass and send to the
President not only the appropriations bills for fiscal
year 1996 but also the reconciliation bill required by
H.Con.Res. 67 (the concurrent resolution setting forth
the congressional budget for fiscal years 1996, 1997,
1998, 1999, 2000, 2001, and 2002) without first pass-
ing and sending to the President a line item veto bill;
and
(8) the House majority leadership has publicly
cast doubt on the prospects for a conference on S. 4
this year.
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that—
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(1) the Speaker of the House should move to ap-
point conferees on S. 4 immediately, so that the
House and Senate may resolve their differences on
this important legislation.
Ω58æSEC. 513. ENERGY SAVINGS AT FEDERAL
FACILITIES.
(a) REDUCTION IN FACILITIES ENERGY COSTS.—The
head of each agency for which funds are made available
under this Act shall take all actions necessary to achieve
during fiscal year 1996 a 5 percent reduction, from fiscal
year 1995 levels, in the energy costs of the facilities used
by the agency.
(b) USE OF COST SAVINGS.—An amount equal to the
amount of cost savings realized by an agency under sub-
section (a) shall remain available for obligation through the
end of fiscal year 1997, without further authorization or
appropriation, as follows:
(1) CONSERVATION MEASURES.—Fifty percent of
the amount shall remain available for the implemen-
tation of additional energy conservation measures
and for water conservation measures at such facilities
used by the agency as are designated by the head of
the agency.
(2) OTHER
PURPOSES.—Fifty percent of the
amount shall remain available for use by the agency
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for such purposes as are designated by the head of the
agency, consistent with applicable law.
(c) REPORT.—
(1) IN GENERAL.—Not later than December 31,
1996, the head of each agency described in subsection
(a) shall submit a report to Congress specifying the
results of the actions taken under subsection (a) and
providing any recommendations as to how to further
reduce energy costs and energy consumption in the fu-
ture.
(2) CONTENTS.—Each report shall—
(A) specify the total energy costs of the fa-
cilities used by the agency;
(B) identify the reductions achieved; and
(C) specify the actions that resulted in the
reductions.
Ω59æSEC. 514. WATER LEVELS IN RAINY LAKE
AND NAMAKAN LAKE.
(a) FINDINGS.—Congress finds that—
(1) the Rainy Lake and Namakan Reservoir
Water Level International Steering Committee con-
ducted a 2-year analysis in which public comments
on the water levels in Rainy Lake and Namakan
Lake revealed significant problems with the current
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regulation of water levels and resulted in Steering
Committee recommendations in November 1993; and
(2) maintaining water levels closer to those rec-
ommended by the Steering Committee will help ensure
the enhancement of water quality, fish and wildlife,
and recreational resources in Rainy Lake and
Namakan Lake.
(b) DEFINITIONS.—In this section:
(1) EXISTING RULE CURVE.—The term ‘‘existing
rule curve’’ means each of the rule curves promulgated
by the International Joint Commission to regulate
water levels in Rainy Lake and Namakan Lake in ef-
fect as of the date of enactment of this Act.
(2) PROPOSED RULE CURVE.—The term ‘‘pro-
posed rule curve’’ means each of the rule curves rec-
ommended by the Rainy Lake and Namakan Res-
ervoir International Steering Committee for regula-
tion of water levels in Rainy Lake and Namakan
Lake in the publication entitled ‘‘Final Report and
Recommendations’’ published in November 1993.
(c) WATER LEVELS.—The dams at International Falls
and Kettle Falls, Minnesota, in Rainy Lake and Namakan
Lake, respectively, shall be operated so as to maintain water
levels as follows:
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(1) COINCIDENT
RULE
CURVES.—In each in-
stance in which an existing rule curve coincides with
a proposed rule curve, the water level shall be main-
tained within the range of such coincidence.
(2) NONCOINCIDENT RULE CURVES.—In each in-
stance in which an existing rule curve does not coin-
cide with a proposed rule curve, the water level shall
be maintained at the limit of the existing rule curve
that is closest to the proposed rule curve.
(d) ENFORCEMENT.—
(1) IN
GENERAL.—The Federal Energy Regu-
latory Commission shall enforce this section as though
the provisions were included in the license issued by
the Commission on December 31, 1987, for Commis-
sion Project No. 5223–001.
(2) RULE OF CONSTRUCTION.—Nothing in this
section shall be construed to require the Commission
to alter the license for Commission Project No. 5223–
001 in any way.
(e) SUNSET.—This section shall remain in effect until
the International Joint Commission review of and decision
on the Steering Committee’s recommendations are com-
pleted.
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This Act may be cited as the ‘‘Energy and Water De-
velopment Appropriations Act, 1996’’.
Passed the House of Representatives July 12, 1995.
Attest:
ROBIN H. CARLE,
Clerk.
Passed the Senate August 1 (legislative day, July
10), 1995.
Attest:
KELLY D. JOHNSON,
Secretary.