[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1905 Engrossed in House (EH)]
1st Session
H. R. 1905
_______________________________________________________________________
AN ACT
Making appropriations for energy and water development for the fiscal
year ending September 30, 1996, and for other purposes.
104th CONGRESS
1st Session
H. R. 1905
_______________________________________________________________________
AN ACT
Making appropriations for energy and water development for the fiscal
year ending September 30, 1996, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the
fiscal year ending September 30, 1996, for energy and water
development, and for other purposes, namely:
TITLE I
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the direction
of the Secretary of the Army and the 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,
miscellaneous investigations, and, when authorized by laws, surveys and
detailed studies and plans and specifications of projects prior to
construction, $129,906,000, to remain available until expended, of
which funds are provided for the following projects in the amounts
specified:
Norco Bluffs, California, $375,000;
Indianapolis Central Waterfront, Indiana, $2,000,000;
Ohio River Greenway, Indiana, $1,000,000; and
Mussers Dam, Middle Creek, Snyder County, Pennsylvania,
$300,000.
construction, general
For the prosecution of river and harbor, flood control, shore
protection, and related projects authorized by laws; and detailed
studies, and plans and specifications, of projects (including those for
development with participation or under consideration for participation
by States, local governments, or private groups) authorized or made
eligible for selection by law (but such studies shall not constitute a
commitment of the Government to construction), $807,846,000, 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,
Mississippi River, Iowa, Lock and Dam 24, Mississippi River, Illinois
and Missouri, and GIWW-Brazos River Floodgates, Texas, projects, and of
which funds are provided for the following projects in the amounts
specified:
Red River Emergency Bank Protection, Arkansas and
Louisiana, $6,600,000;
Sacramento River Flood Control Project (Glenn-Colusa
Irrigation District), California, $300,000;
San Timoteo Creek (Santa Ana River Mainstem), California,
$5,000,000;
Indiana Shoreline Erosion, Indiana, $1,500,000;
Harlan (Levisa and Tug Forks of the Big Sandy River and
Upper Cumberland River), Kentucky, $12,000,000;
Williamsburg (Levisa and Tug Forks of the Big Sandy River
and Upper Cumberland River), Kentucky, $4,100,000;
Middlesboro (Levisa and Tug Forks of the Big Sandy River
and Upper Cumberland River), Kentucky, $1,600,000;
Salyersville, Kentucky, $500,000;
Lake Pontchartrain and Vicinity (Hurricane Protection),
Louisiana, $11,848,000;
Red River below Denison Dam Levee and Bank Stabilization,
Louisiana, Arkansas, and Texas, $3,800,000;
Broad Top Region, Pennsylvania, $4,100,000;
Glen Foerd, Pennsylvania, $200,000; and
Wallisville Lake, Texas, $5,000,000.
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-1), $307,885,000, to remain available until expended.
operation and maintenance, general
For expenses necessary for the preservation, operation,
maintenance, and care of existing river and harbor, flood control, and
related works, including such sums as may be necessary for the
maintenance of harbor channels provided by a State, municipality or
other public agency, outside of harbor lines, and serving essential
needs of general commerce and navigation; surveys and charting of
northern and northwestern lakes and connecting waters; clearing and
straightening channels; and removal of obstructions to navigation,
$1,712,123,000, to remain available until expended, of which such sums
as become available in the Harbor Maintenance Trust Fund, pursuant to
Public Law 99-662, may be derived from that fund, and of which such
sums as become available from the special account established by the
Land and Water Conservation Act of 1965, as amended (16 U.S.C. 460l),
may be derived from that fund for construction, operation, and
maintenance of outdoor recreation facilities: Provided, That not to
exceed $5,000,000 shall be available for obligation for national
emergency preparedness programs: Provided further, That $5,926,000 of
the funds appropriated herein are provided for the Raystown Lake,
Pennsylvania, project.
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.
oil spill research
For expenses necessary to carry out the purposes of the Oil Spill
Liability Trust Fund, pursuant to Title VII of the Oil Pollution Act of
1990, $850,000, to be derived from the Fund and to remain available
until expended.
general expenses
For expenses necessary for general administration and related
functions in the Office of the Chief of Engineers and offices of the
Division Engineers; activities of the Coastal Engineering Research
Board, the Humphreys Engineer Center Support Activity, the Engineering
Strategic Studies Center, and the Water Resources Support Center,
$150,000,000: Provided, That not to exceed $60,000,000 of the funds
provided in this Act shall be available for general administration and
related functions in the Office of the Chief of Engineers: Provided
further, 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, That with funds provided
herein and notwithstanding any other provision of law, the Secretary of
the Army shall develop and submit to the Congress 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 the function of any
district office: Provided further, That notwithstanding any other
provision of law, the Secretary of the Army is directed to begin
implementing the division office plan on August 15, 1996, and such plan
shall be implemented prior to October 1, 1997.
administrative provisions
Appropriations in this title shall be available for official
reception and representation expenses (not to exceed $5,000); and
during the current fiscal year the revolving fund, Corps of Engineers,
shall be available for purchase (not to exceed 100 for replacement
only) and hire of passenger motor vehicles.
GENERAL PROVISION
Corps of Engineers--Civil
Sec. 101. (a) In fiscal year 1996, the Secretary of the Army shall
advertise for competitive bid at least 7,500,000 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.
(c) 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 improvement or major repair of the Federal
vessel, McFARLAND.
Sec. 102. (a) Sand and Stone Cap in Navigation Project at
Manistique Harbor, Michigan.--The project for navigation, Manistique
Harbor, Schoolcraft County, Michigan, authorized by the first section
of the Act entitled ``An Act making appropriations for the
construction, repair, and preservation of certain public works on
rivers and harbors, and for other purposes'', approved March 3, 1905
(33 Stat. 1136), is modified to permit installation of a sand and stone
cap over sediments affected by polychlorinated biphenyls in accordance
with an administrative order of the Environmental Protection Agency.
(b) Project Depth.--
(1) In general.--Except as provided in paragraph (2), the
project described in subsection (a) is modified to provide for
an authorized depth of 18 feet.
(2) Exception.--The authorized depth shall be 12.5 feet in
the areas where the sand and stone cap described in subsection
(a) will be placed within the following coordinates: 4220N-
2800E to 4220N-3110E to 3980N-3260E to 3190N-3040E to 2960N-
2560E to 3150N-2300E to 3680N-2510E to 3820N-2690E and back to
4220N-2800E.
(c) Harbor of Refuge.--The project described in subsection (a),
including the breakwalls, pier, and authorized depth of the project (as
modified by subsection (b)), shall continue to be maintained as a
harbor of refuge.
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For the purpose of carrying out provisions of the Central Utah
Project Completion Act, Public Law 102-575 (106 Stat. 4605), and for
feasibility studies of alternatives to the Uintah and Upalco Units,
$42,893,000, to remain available until expended, of which $23,503,000
shall be deposited into the Utah Reclamation Mitigation and
Conservation Account: Provided, That of the amounts deposited into the
Account, $5,000,000 shall be considered the Federal Contribution
authorized by paragraph 402(b)(2) of the Act and $18,503,000 shall be
available to the Utah Reclamation Mitigation and Conservation
Commission to carry out activities authorized under the Act.
In addition, for necessary expenses incurred in carrying out
responsibilities of the Secretary of the Interior under the Act,
$1,246,000, 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 thereto) and
other Acts applicable to that Bureau as follows:
general investigations
For engineering and economic investigations of proposed Federal
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, to remain available until expended, $13,114,000: 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.
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, to remain
available until expended, $417,301,000, of which $27,049,000 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 $94,225,000 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
December 21, 1928, as amended: Provided, That of the total
appropriated, the amount for program activities which can be financed
by the reclamation fund shall be derived from that fund: Provided
further, That transfers to the Upper Colorado River Basin Fund and
Lower Colorado River Basin Development Fund may be increased or
decreased by transfers within the overall appropriation under this
heading: Provided further, That funds contributed by non-Federal
entities for purposes similar to this appropriation shall be available
for expenditure for the purposes for which contributed as though
specifically appropriated for said purposes, and such funds shall
remain available until expended: Provided further, That all costs of
the safety of dams modification work at Coolidge Dam, San Carlos
Irrigation Project, Arizona, performed under the authority of the
Reclamation Safety of Dams Act of 1978 (43 U.S.C. 506), as amended, are
in addition to the amount authorized in section 5 of said Act.
operation and maintenance
For operation and maintenance of reclamation projects or parts
thereof and other facilities, as authorized by law; and for a soil and
moisture conservation program on lands under the jurisdiction of the
Bureau of Reclamation, pursuant to law, to remain available until
expended, $278,759,000: Provided, That of the total appropriated, the
amount for program activities which can be financed by the reclamation
fund shall be derived from that fund, and the amount for program
activities which can be derived from the special fee account
established pursuant to the Act of December 22, 1987 (16 U.S.C. 460l-
6a, as amended), may be derived from that fund: Provided further, That
funds advanced by water users for operation and 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
revenues 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, $11,243,000, to remain
available until expended, as authorized by the Small Reclamation
Projects Act of August 6, 1956, as amended (43 U.S.C. 422a-422l):
Provided, That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That these funds are available to subsidize
gross obligations for the principal amount of 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 activities which can be
financed by the reclamation fund shall be derived from the fund.
central valley project restoration fund
For carrying out the programs, projects, plans, and habitat
restoration, improvement, and acquisition provisions of the Central
Valley Project Improvement Act, to remain available until expended,
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: Provided, That the Bureau of Reclamation is
directed to levy additional mitigation and restoration payments
totaling $30,000,000 (October 1992 price levels) on a three-year
rolling average basis, as authorized by section 3407(d) of Public Law
102-575.
general administrative expenses
For necessary expenses of general administration and related
functions in the office of the Commissioner, the Denver office, and
offices in the five regions of the Bureau of Reclamation, $48,150,000,
of which $1,400,000 shall remain available until expended, the total
amount to be derived from the reclamation fund and to be
nonreimbursable pursuant to the Act of April 19, 1945 (43 U.S.C. 377):
Provided, That no part of any other appropriation in this Act shall be
available for activities or functions budgeted for the current fiscal
year as general administrative expenses.
special funds
(transfer of funds)
Sums herein referred to as being derived from the reclamation fund
or special fee account are appropriated from the special funds in the
Treasury created by the Act of June 17, 1902 (43 U.S.C. 391) or the Act
of December 22, 1987 (16 U.S.C. 460l-6a, as amended), respectively.
Such sums shall be transferred, upon request of the Secretary, to be
merged with and expended under the heads herein specified; and the
unexpended balances of sums transferred for expenditure under the head
``General Administrative Expenses'' shall revert and be credited to the
reclamation fund.
administrative provision
Appropriations for the Bureau of Reclamation shall be available for
purchase of not to exceed 9 passenger motor vehicles for replacement
only.
TITLE III
DEPARTMENT OF ENERGY
Energy Supply, Research and Development Activities
For expenses of the Department of Energy activities including the
purchase, construction and acquisition of plant and capital equipment
and other expenses incidental thereto necessary for energy supply,
research and development activities, and other 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 25, of which 19 are for replacement only), $2,576,700,000
(less $1,000,000), to remain available until expended: Provided, That,
of such amount, $44,772,000 shall be available to implement the
provisions of section 1211 of the Energy Policy Act of 1992 (42 U.S.C.
13316).
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 incidental thereto
necessary for uranium 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; $64,197,000, to remain
available until expended: Provided, That revenues received by the
Department for uranium programs and estimated to total $34,903,000 in
fiscal year 1996 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 1996 so as to
result in a final fiscal year 1996 appropriation estimated at not more
than $29,294,000.
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, $278,807,000, to be
derived from the fund, to remain available until expended: Provided,
That at least $42,000,000 of amounts derived from the fund for such
expenses shall be expended in accordance with title X, subtitle A, of
the Energy Policy Act of 1992.
General Science and Research Activities
For expenses of the Department of Energy activities including the
purchase, construction and acquisition of plant and capital equipment
and other expenses incidental thereto necessary for general science and
research activities in carrying out the purposes of the Department of
Energy Organization Act (42 U.S.C. 7101, et seq.), including the
acquisition or condemnation of any real property or facility or for
plant or facility acquisition, construction, or expansion; purchase of
passenger motor vehicles (not to exceed 12 for replacement only),
$991,000,000, 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, $226,600,000, to remain
available until expended, to be derived from the Nuclear Waste Fund.
Atomic Energy Defense Activities
weapons activities
For Department of Energy expenses, including the purchase,
construction and acquisition of plant and capital equipment and other
incidental expenses necessary for atomic energy defense weapons
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101, et seq.), including the acquisition
or condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion; and the purchase of
passenger motor vehicles (not to exceed 79, of which 76 are for
replacement only, including one police-type vehicle), $3,273,014,000,
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
incidental expenses necessary for atomic energy defense environmental
restoration and waste management activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 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 7 for replacement only), $5,265,478,000, 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
incidental 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 $1,323,841,000, 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, $198,400,000, to remain
available until expended.
Departmental Administration
For salaries and expenses of the Department of Energy necessary for
Departmental Administration and other activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101,
et seq.), including the hire of passenger motor vehicles and official
reception and representation expenses (not to exceed $35,000),
$362,250,000, 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 Department for miscellaneous revenues estimated
to total $122,306,000 in fiscal year 1996 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 section 3302 of title 31, United
States Code: Provided further, That the sum herein appropriated shall
be reduced by the amount of miscellaneous revenues received during
fiscal year 1996 so as to result in a final fiscal year 1996
appropriation estimated at not more than $239,944,000.
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, $26,000,000, 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, $4,260,000, 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 1996, 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,
$19,843,000, 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, substations and
appurtenant facilities, and for administrative expenses, including
official reception and representation expenses in an amount not to
exceed $1,500 connected therewith, 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, $29,778,000, to remain available until
expended; in addition, notwithstanding the provisions of 31 U.S.C.
3302, not to exceed $4,272,000 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,
$257,652,000, to remain available until expended, of which $245,151,000
shall be derived from the Department of the Interior Reclamation fund:
Provided, That of the amount herein appropriated, $5,283,000 is for
deposit into the Utah Reclamation Mitigation 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 $4,556,000 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
hydroelectric facilities at the Falcon and Amistad Dams, $1,000,000, 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 Foreign 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, including the hire of passenger motor vehicles; official
reception and representation expenses (not to exceed $3,000);
$132,290,000, to remain available until expended: Provided, That
notwithstanding any other provision of law, not to exceed $132,290,000
of revenues from fees and annual charges, and other services and
collections in fiscal year 1996, 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 1996 so as to
result in a final fiscal year 1996 appropriation estimated at not more
than $0.
TITLE IV
INDEPENDENT AGENCIES
APPALACHIAN REGIONAL COMMISSION
For expenses necessary to carry out the programs authorized by the
Appalachian Regional Development Act of 1965, as amended,
notwithstanding section 405 of said Act, and for necessary expenses for
the Federal Co-Chairman and the alternate on the Appalachian Regional
Commission and for payment of the Federal share of the administrative
expenses of the Commission, including services as authorized by section
3109 of title 5, United States Code, and hire of passenger motor
vehicles, to remain available until expended, $142,000,000.
DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Salaries and Expenses
For necessary expenses of the Defense Nuclear Facilities Safety
Board in carrying out activities authorized by the Atomic Energy Act of
1954, as amended by Public Law 100-456, section 1441, $17,000,000, to
remain available until expended.
NUCLEAR REGULATORY COMMISSION
Salaries and Expenses
(including transfer of funds)
For necessary expenses of the Commission in carrying out the
purposes of the Energy Reorganization Act of 1974, as amended, and the
Atomic Energy Act of 1954, as amended, including the employment of
aliens; services authorized by section 3109 of title 5, United States
Code; publication and dissemination of atomic information; purchase,
repair, and cleaning of uniforms, official representation expenses (not
to exceed $20,000); reimbursements to the General Services
Administration for security guard services; hire of passenger motor
vehicles and aircraft, $468,300,000, to remain available until
expended, of which $11,000,000 shall be derived from the Nuclear Waste
Fund: Provided, 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 Commission
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 of
1954, as amended, 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 and
collections estimated at $457,300,000 in fiscal year 1996 shall be
retained and used for necessary salaries and expenses in this account,
notwithstanding 31 U.S.C. 3302, and shall remain available until
expended: Provided further, That the sum herein appropriated shall be
reduced by the amount of revenues received during fiscal year 1996 from
licensing 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 1996
appropriation estimated at not more than $11,000,000.
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 section 3109 of title 5,
United States Code, $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:
Provided, That notice of such transfers shall be given to the
Committees on Appropriations of the House and Senate: Provided further,
That from this appropriation, transfers of sums may be made to other
agencies of the Government for the performance of the work for which
this appropriation is made, and in such cases the sums so transferred
may be merged with the appropriation to which transferred: Provided
further, That revenues from licensing fees, inspection services, and
other services and collections shall be retained and used for necessary
salaries and expenses in this account, notwithstanding 31 U.S.C. 3302,
and shall remain available until expended: Provided further, That the
sum herein appropriated shall be reduced by the amount of revenues
received during fiscal year 1996 from licensing fees, inspection
services, and other services and collections, so as to result in a
final fiscal year 1996 appropriation estimated at not more than $0.
NUCLEAR WASTE TECHNICAL REVIEW BOARD
Salaries and Expenses
(including transfer of funds)
For necessary expenses of the Nuclear Waste Technical Review Board,
as authorized by Public Law 100-203, section 5051, $2,531,000, to be
transferred from the Nuclear Waste Fund and to remain available until
expended.
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 U.S.C. ch. 12A), including
purchase, hire, maintenance, and operation of aircraft, and purchase
and hire of passenger motor vehicles, $103,339,000, to remain available
until expended.
TITLE V
GENERAL PROVISIONS
Sec. 501. Sec. 505 of Public Law 102-377, the Fiscal Year 1993
Energy and Water Development Appropriations Act, and section 208 of
Public Law 99-349, the Urgent Supplemental Appropriations Act, 1986,
are repealed.
Sec. 502. Sec. 510 of Public Law 101-514, the Fiscal Year 1991
Energy and Water Development Appropriations Act, is repealed.
Sec. 503. Without fiscal year limitation and notwithstanding
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.
Sec. 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 Congress that, to the greatest extent practicable,
all equipment and products purchased with funds made available in this
Act should be American-made.
(b) Notice Requirement.--In providing financial assistance to, or
entering into any contract with, any entity using funds made available
in this Act, the head of each Federal agency, to the greatest extent
practicable, shall provide to such entity a notice describing the
statement made in subsection (a) by the Congress.
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 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. 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.
Sec. 508. None of the funds made available in this Act for the Army
Corps of Engineers Upper Mississippi 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 National Environmental Policy Act.
This Act may be cited as the ``Energy and Water Development
Appropriations Act, 1996''.
Passed the House of Representatives July 12, 1995.
Attest:
Clerk.