Energy and Water Development Appropriations Act, 1997
PL 104-206 (H.R.3816), enacted 09/30/1996

110 STAT. 2984 
PUBLIC LAW 104^206—SEPT. 30, 1996 
Public Law 104-206 
104th Congress 
An Act 
Sept. 30, 1996 
Making appropriations for energy and water development for the fiscal year ending 
[H.R. 3816] 
September 30, 1997, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
Energy and 
the United States of America in Congress assembled. That the 
Water 
following sums are appropriated, out of any money in the Treasury 
AoDromiations 
^°* otherwise appropriated, for the fiscal year ending September 
A^, 1997. 
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 direc-
tion of the Secretary of the Army and the supervision of the Chief 
of Engineers for authorized civil functions of the Department of 
the Army pertaining to rivers and harbors, flood control, beach 
erosion, and related purposes. 
GENERAL INVESTIGATIONS 
For expenses necessary for the collection and study of basic 
information pertaining to river and harbor, flood control, shore 
protection, and related projects, restudy of authorized projects, mis-
cellaneous investigations, and, when authorized by laws, surveys 
and detailed studies and plans and specifications of projects prior 
to construction, $153,872,000, to remain available until expended, 
of which funds are provided for the following projects in the amounts 
SD6CillGQ' 
Norco Bluffs, California, $180,000; 
San Joaquin River Basin, Caliente Creek, California, 
$150,000; 
Tampa Harbor, Alafia Channel, Florida, $100,000; 
Lake George, Hobart, Indiana, $100,000; 
Little Calumet River Basin, Cady Marsh Ditch, Indiana, 
$200,000; 
Tahoe Basin Study, Nevada and California, $100,000; 
Bamegat Inlet to Little Egg Harbor Inlet, New Jersey, 
$300,000; 
PUBLIC LAW 104-206—SEPT. 30, 1996 
110 STAT. 2985 
Brigantine Inlet to Great Egg Harbor Inlet, New Jersey, 
$360,000; 
Great Egg Harbor Inlet to Townsends Inlet, New Jersey, 
$200,000; 
Manasquan Inlet to Bamegat Inlet, New Jersey, $250,000; 
Townsends Inlet to Cape May Inlet, New Jersey, $245,000; 
South Shore of Staten Island, New York, $200,000; 
Mussers Dam, Middle Creek, Snyder County, Pennsylvania, 
$450,000; 
Rhode Island South Coast, Habitat Restoration and Storm 
Damage Reduction, Rhode Island, $100,000; 
Monongahela River, West Virginia, $500,000; 
Monongahela 
River, 
Fairmont, 
West 
Virginia, 
$100,000; and 
Tygart River Basin, Philippi, West Virginia, $100,000. 
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 construc-
tion), $1,081,942,000, 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 rehabilitation of inland waterways 
projects, including rehabilitation costs for the Lock and Dam 25, 
Mississippi River, Illinois and Missouri, Lock and Dam 14, Mis-
sissippi 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: 
Red 
River 
Emergency 
Bank 
Protection, 
Arkansas, 
$3,000,000; 
San 
Timoteo 
Creek 
(Santa 
Ana 
River 
Mainstem), 
California, $7,000,000; 
Indianapolis Central Waterfront, Indiana, $7,000,000; 
Indiana Shoreline Erosion, Indiana, $2,200,000; 
Harlan (Levisa and Tug Forks of the Big Sandy River 
and Upper Cumberland River), Kentucky, $ 18,000,000; 
Martin County (Levisa and Tug Forks of the Big Sandy 
River and Upper Cumberland River), Kentucky, $350,000; 
Middlesboro (Levisa and Tug Forks of the Big Sandy River 
and Upper Cumberland River), Kentucky, $2,500,000; 
Pike County (Levisa and Tug Forks of the Big Sandy River 
and Upper Cumberland River), Kentucky, $2,000,000; 
Town of Martin (Levisa and Tug Forks of the Big Sandy 
River and Upper Cumberland River), Kentucky, $300,000; 
Williamsburg (Levisa and Tug Forks of the Big Sandy 
River and Upper Cumberland River), Kentucky, $4,050,000; 
Salyersville, Kentucky, $3,000,000; 
Lake Pontchartrain and Vicinity, Louisiana, $17,025,000; 
Lake Pontchartrain (Jefferson Parish) Stormwater Dis-
charge, Louisiana, $4,750,000; 
Red River below Denison Dam Levee and Bank Stabiliza-
tion, Louisiana, Arkansas, and Texas, $100,000; 
110 STAT. 2986 
PUBLIC LAW 104-206—SEPT. 30, 1996 
Iowa. 
Recreation and 
recreational 
areas. 
Wildlife. 
Red 
River 
Emergency 
Bank 
Protection, 
Louisiana, 
$3,400,000; 
Glen Foerd, Pennsylvania, $800,000; 
South Central Pennsylvania Environmental Restoration 
Infrastructure and Resource Protection Development Pilot Pro-
gram, Pennsylvania, $7,000,000; 
Seekonk River, Rhode Island Bridge removal, $650,000; 
WaUisville Lake, Texas, $7,500,000; 
Richmond Filtration Plant, Virginia, $3,500,000; 
Virginia Beach, Virginia, $8,000,000; 
Hatfield Bottom (Levisa and Tug Forks of the Big Sandy 
River and Upper Cumberland River), West Virginia, $1,300,000; 
Lower Mingo (Kermit) (Levisa and Tug Forks of the Big 
Sandy River and Upper Cumberland River), West Virginia, 
$4,000,000; 
Lower Mingo, West Virginia, Tributaries Supplement, 
$105,000; and 
Upper Mingo County (Levisa and Tug Forks of the Big 
Sandy River and Upper Cumberland River), West Virginia, 
$3,500,000: Provided, That of the funds provided for the Red 
River Waterway, Mississippi River to Shreveport, Louisiana, 
project, $3,000,000 is provided, to remain available until 
expended, for design and construction of a regional visitor cen-
ter in the vicinity of Shreveport, Louisiana at full Federal 
expense: Provided further, That the Secretary of the Army, 
acting through the Chief of Engineers, is directed to use 
$1,000,000 of the funds appropriated in PubHc Law 104-46 
for construction of the Ohio River Flood Protection, Indiana, 
project: Provided farther, That the Secretary of the Army, acting 
through the Chief of Engineers, is directed, in cooperation 
with State, county, and city officials and in consultation with 
the Des Moines River Greenbelt Advisory Committee, to provide 
highway and other signs appropriate to direct the public to 
the bike trail which runs from downtown Des Moines, Iowa, 
to the Big Creek Recreation area at the Corps of Engineers 
Saylorville Lake project and the wildlife refuge in Jasper and 
Marion Counties in Iowa authorized in Public Law 101-302: 
Provided further, That any law, regulation, documents or record 
of the United States in which such projects are referred to 
shall be held to refer to the bike trail as the Neal Smith 
Bike Trail and to such centers as the Neal Smith Prairie 
Wildlife Learning Center: Provided further. That the Secretary 
is directed to initiate construction on the Joseph G. Minish 
Historic Waterfront Park, New Jersey, project; furthermore, 
the Secretary may transfer not to exceed $900,000 from General 
Investigations appropriations made in title I of the Energy 
and Water Development Appropriations Act, Public Law 103-
126 (107 Stat. 1313) for the Passaic River, Mainstem, New 
Jersey, to Construction, General for the Joseph G. Minish His-
toric Waterfront Park, New Jersey, project and that the 
Committees on Appropriations of the House and Senate shall 
be promptly advised of such transfer: Provided further. That 
of the funds provided herein, $1,000,000 shall be for payment 
to the Kansas City Southern Industries, Inc., in partial 
reimbursement of costs associated with the relocation and modi-
fication of the Louisiana and Arkansas (L&A) Railway Bridge 
at Alexandria, Louisiana, for navigation requirements of the 
PUBLIC LAW 104-206—SEPT. 30, 1996 
110 STAT. 2987 
Red River navigation project: Provided further, 
That using 
$500,000 of the funds appropriated for the Passaic River 
Mainstem, New Jersey, project under the heading "General 
Investigations" in PubUc Law 103-126, the Secretary of the 
Army, acting through the Chief of Engineers, is directed to 
begin implementation of the Passaic River Preservation of 
Natural Storage Areas separable element of the Passaic River 
Flood Reduction Project, New Jersey: Provided further, That 
the Secretary of the Army, acting through the Chief of Engi-
neers, is authorized and directed to initiate construction on 
the following projects in the amounts specified: 
Humboldt Harbor, California, $2,500,000; 
San Lorenzo River, California, $200,000; 
Faulkner's Island, Connecticut, $1,500,000; 
Chicago Shoreline, Illinois, $8,000,000; 
Pond Creek, Jefferson City, Kentucky, $1,500,000; 
Natchez Bluff, Mississippi, $4,500,000; 
Wood River, Grand Isle, Nebraska, $1,000,000; 
New York City Watershed, New York, $1,000,000; 
Duck Creek, Cincinnati, Ohio, $466,000; 
Saw Mill Run, Pittsburgh, Pennsylvania, $500,000; 
West Virginia and Pennsylvania Flooding, West Virginia 
and Pennsylvania, $1,000,000; 
Upper Jordan River, Utah, $500,000; 
San Juan Harbor, Puerto Rico, $800,000; and 
Allendale Dam, Rhode Island, $195,000: Provided 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 undertake these projects using continuing con-
tracts where sufficient funds to complete the projects are not 
available from funds provided herein or in prior years. 
FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES, ARKANSAS, 
ILLINOIS, 
KENTUCKY, 
LOUISIANA, 
MISSISSIPPI, 
MISSOURI, 
AND 
TENNESSEE 
For expenses necessary for prosecuting work of flood control, 
and rescue work, repair, restoration, or maintenance of flood control 
projects threatened or destroyed by flood, as authorized by law 
(33 U.S.C. 702a, 702g-l), $310,374,000, to remain available imtil 
expended: Provided, That the President of the Mississippi River 
Commission is directed henceforth to use the variable cost recovery 
rate set forth in 0MB Circular A-126 for use of the Commission 
aircraft authorized by the Flood Control Act of 1946, Public Law 
526: Provided further. That notwithstanding the funding limitations 
set forth in PubUc Law 104-6 (109 Stat. 85), the Secretary of 
the Army, acting through the Chief of Engineers, is authorized 
and directed to use additional funds appropriated herein or pre-
viously appropriated to complete remedial measures to prevent 
slope instability at Hickman Bluff, Kentucky. 
OPERATION AND MAINTENANCE, GENERAL 
For expenses necessary for the preservation, operation, mainte-
nance, 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 . 
110 STAT. 2988 
PUBLIC LAW 104-206—SEPT. 30, 1996 
needs of general commerce and navigation; surveys and charting 
of northern and northwestern lakes and connecting waters; clearing 
and straightening channels; and removal of obstructions to naviga-
tion, $1,697,015,000, 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. 4601), may be derived from that 
fund for construction, operation, and maintenance of outdoor recre-
ation facilities, and of which funds are provided for the following 
projects in the amoimts specified: 
Raystown Lake, Pennsylvania, $4,190,000; and 
Cooper Lake and Channels, Texas, $2,601,000: 
Provided, That using $1,000,000 of the funds appropriated herein, 
the Secretary of the Army, acting through the Chief of Engineers, 
is directed to design and construct a landing at Guntersville, Ala-
bama, as described in the Master Plan Report of the Nashville 
District titled "Guntersville Landing" dated June, 1996: Provided 
further, That the Secretary 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: Provided 
further. That the Secretary of the Army is directed during fiscal 
year 1997 to maintain a minimum conservation pool level of 475.5 
at Wister Lake in Oklahoma: Provided further. That no funds, 
whether appropriated, contributed, 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 
connection with the Savannah Harbor navigation project: Provided 
further. That the Secretary of the Army is directed to use $600,000 
of funding provided herein to perform maintenance dredging of 
the Cocheco River navigation project. New Hampshire. 
REGULATORY PROGRAM 
For expenses necessary for administration of laws pertaining 
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: Provided, That 
the Secretary of the Army, acting through the Chief of Engineers, 
is directed to use up to $8,000,000 of the funds appropriated herein 
and under this heading in Public Law 104-134 to rehabilitate 
non-Federal flood control levees along the Puyallup and Carbon 
Rivers in Pierce County, Washington. 
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, 
PUBLIC LAW 104-206—SEPT. 30, 1996 
110 STAT. 2989 
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, Pubhc Law 104-46, $149,000,000, to remain available 
until expended: Provided, That no part of any other appropriation 
provided in title I of this Act shall be available 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, 
Plan. 
That with funds provided herein and notwithstanding any other 
provision of law, the Secretary of the Army shall develop and 
submit to the Congress (including the Committee on Environment 
and Public Works of the Senate and the Committee on Transpor-
tation and Infrastructure of the House of Representatives) within 
60 days of enactment of this Act, a plan which reduces the number 
of division offices within the United States Army Corps of Engineers 
to no less than 6 and no more than 8, with each division responsible 
for at least 4 district offices, but does not close or change any 
civil function of any district office: Provided further, That notwith-
standing any other provision of law, the Secretary of the Army 
is directed to begin implementing the division office plan on April 
1, 1997: Provided further. That up to $1,500,000 may be transferred 
to this account from any other appropriation account in this title. 
ADMINISTRATIVE PROVISION 
Appropriations in this title shall be available for official recep-
tion 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 passenger motor vehicles. 
GENERAL PROVISIONS 
CORPS OF ENGINEERS—CIVIL 
SEC. 101. (a) In fiscal year 1997, the Secretary of the Army Contracts. 
shall advertise for competitive bid at least 8,500,000 cubic yards 
of the hopper dredge volume accomplished with government owned 
dredges in fiscal year 1992. 
(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 respond to emergency requirements. 
SEC. 102. None of the funds appropriated herein or otherwise 
made available to the Army Corps of Engineers, including amounts 
contained in the Revolving Fund of the Army Corps of Engineers, 
may be used to study, design or undertake improvements or major 
repair of the Federal vessel, McFARLAND, except for normal 
maintenance 
and 
repair 
necessary 
to maintain 
the 
vessel 
McFARLAND's current operational condition. 
SEC. 103. The flood control project for Moorefield, West Virginia, 
authorized by section 101(a)(25) of the Water Resources Develop-
ment Act of 1990 (Pubhc 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 
110 STAT. 2990 
PUBLIC LAW 104-206—SEPT. 30, 1996 
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 (Pubhc 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. 
Effective date. 
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 fi-om the existing Federal channel in the 
vicinity of the Hudson City Light to the north dock at Union 
Street, Athens, New York. 
PUBLIC LAW 104-206—SEPT. 30, 1996 
110 STAT. 2991 
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 (Pubhc 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, Pubhc Law 102-575 (106 Stat. 4605), and 
for feasibility studies of alternatives to the Uintsih 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 £ind 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 carr5dng 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 
110 STAT. 2992 
PUBLIC LAW 104-206—SEPT. 30, 1996 
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 trsinsfers 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 
43 use 2241. 
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 outstemding 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 
PUBLIC LAW 104-206—SEPT. 30, 1996 
110 STAT. 2993 
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. 4601-6a, 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-4221): 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 pa5mients totaling $30,000,000 (October 1992 price levels) on 
a three-year rolling average basis, as authorized by section 3407(d) 
ofPublic 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 fi*om 
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. 
110 STAT. 2994 
PUBLIC LAW 104-206—SEPT. 30, 1996 
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 Jime 17, 1902 (43 U.S.C. 
391) or the Act of December 22, 1987 (16 U.S.C. 4601-6a, 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 £ind 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. 
PUBLIC LAW 104-206—SEPT. 30, 1996 
110 STAT. 2995 
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 accordsince 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 £ind acquisition of plant and capital 
equipment and other expenses necessary for general science and 
research activities in canying 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 pa5anents 
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 
Kentucky. 
Ohio. 
Guidelines. 
Ante, p. 1321-
340. 
Assessment. 
42 u s e 10134 
note. 
110 STAT. 2996 
PUBLIC LAW 104-206—SEPT. 30, 1996 
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 carrjdng 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 carr3dng 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 carr5dng out the 
purposes of the Department of Energy Organization Act (42 U.S.C. 
PUBLIC LAW 104-206—SEPT. 30, 1996 
110 STAT. 2997 
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 £ind, 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. 
110 STAT. 2998 
PUBLIC LAW 104-206—SEPT. 30, 1996 
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, 
42 use 7171 
That notwithstanding any other provision of law, not to exceed 
note. 
$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. 
PUBLIC LAW 104-206—SEPT. 30, 1996 
110 STAT. 2999 
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.— 
42 use 7237. 
(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 "ehgible 
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 
Establishment. 
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 42 USC 7252 
Act may be used to implement section 3140 of H.R. 3230 as reported note 
by the Committee of Conference on July 30, 1996. The Secretary Plan, 
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 
110 STAT. 3000 
PUBLIC LAW 104-206—SEPT. 30, 1996 
E
lan will specifically identify all significant functions performed 
y 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 
42 use app. 401 
For expenses necessary to carry out the programs authorized 
note. 
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 siltemate on the Appalachian 
Regional Commission and for pa3rment 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 canying out activities authorized by the Atomic Energy 
Act of 1954, as amended by Public Law 100-456, section 1441, 
$16,000,000, to remsdn available until expended. 
NUCLEAR REGULATORY COMMISSION 
SALARIES A N D EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of the Commission in canying out 
the purposes of the Energy Reorganization Act of 1974, as amended, 
and the Atomic Energy Act of 1954, as amended, including the 
emplojonent of aliens; services authorized by 5 U.S.C. 3109; publica-
tion and dissemination of atomic information; purchase, repair, 
£ind 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 
shgJl 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 
PUBLIC LAW 104-206—SEPT. 30, 1996 
110 STAT. 3001 
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 Notice. 
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. 
110 STAT. 3002 
PUBLIC LAW 104-206—SEPT. 30, 1996 
$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 
California. 
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 smd 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 
Repa5mient 
Plan" 
and 
the 
"SJVDP—Alternative Repa5mient Plan" described in the report enti-
tled "Repayment Report, Kesterson Reservoir Cleanup Program 
euid 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. 
PUBLIC LAW 104-206—SEPT. 30, 1996 
110 STAT. 3003 
Effective date. 
Ante, p. 415. 
Contracts. 
Kansas. 
Nebraska. 
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 gimended 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 Reports 
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 R O T C 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 
110 STAT. 3004 
PUBLIC LAW 104-206—SEPT. 30, 1996 
Voluntary 
separation 
payments. 
16 u s e 832in 
note. 
Expiration date. 
applicable 
Federal 
laws) 
at 
the 
subelement 
of 
such 
institution; or 
(2) a student at the institution (or subelement) from enroll-
ing in a imit 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 emplo5niient 
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. 
PUBLIC LAW 104-206—SEPT. 30, 1996 
110 STAT. 3005 
SEC. 512. Following section 4(h)(10)(C) of the Northwest Power 
Planning and Conservation Act, insert the following new section: i6USC839b. 
(4)(h)(10)(D) INDEPENDENT SCIENTIFIC REVIEW PANEL.—(i) The Fish and wildlife. 
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 
110 STAT. 3006 
PUBLIC LAW 104-206—SEPT. 30, 1996 
Texas. 
to make final recommendations on project fiinding 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, dociunent, or record 
of the United States to such lake shall be held to be a reference 
to the "Jim Chapman Lake". 
Oregon. 
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 emd Intake Structure". 
PUBLIC LAW 104-206—SEPT. 30, 1996 
110 STAT. 3007 
DESIGNATION OF J. BENNETT JOHNSTON WATERWAY 
Louisiana. 
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". 
Approved September 30, 1996. 
LEGISLATIVE HISTORY—H.R. 3816 (S. 1959): 
HOUSE REPORTS: Nos. 104r-679 (Comm. on Appropriations) and 104-782 (Comm. 
of Conference). 
SENATE REPORTS: No. 104-320 accompanying S. 1959 (Comm. on Appropria-
tions). 
CONGRESSIONAL RECORD, Vol. 142 (1996): 
July 24, 25, considered and passed House. 
\ 
Jidy 26, 29, 30, considered and passed Senate, amended, in lieu of S. 1959. 
Sept. 12, House agreed to conference report. 
Sept. 17, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996): 
Sept. 30, Presidential statement. 
29-194 O - 96 - 6 : QL 3 Part 4