[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1905 Public Print (PP)]
1st Session
H. R. 1905
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 1, 1995
Ordered to be printed with the amendments of the Senate numbered
_______________________________________________________________________
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, (1)<DELETED>$129,906,000 </DELETED>$126,323,000, to
remain available until expended, of which funds are provided for the
following projects in the amounts specified:
(2)<DELETED>Norco Bluffs, California, $375,000;
<DELETED> Indianapolis Central Waterfront, Indiana,
$2,000,000;</DELETED>
<DELETED> Ohio River Greenway, Indiana, $1,000,000;
and</DELETED>
<DELETED> Mussers Dam, Middle Creek, Snyder County,
Pennsylvania, $300,000</DELETED>
Norco Bluffs, California, $375,000;
Indianapolis Central Waterfront, Indiana, $1,000,000;
Kentucky Lock and Dam, Kentucky, $2,500,000; and
West Virginia Port Development, West Virginia, $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), (3)<DELETED>$807,846,000
</DELETED>$778,456,000, 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:
(4)<DELETED>Red River Emergency Bank Protection, Arkansas
and Louisiana, $6,600,000;
<DELETED> Sacramento River Flood Control Project (Glenn-
Colusa Irrigation District), California, $300,000;</DELETED>
<DELETED> San Timoteo Creek (Santa Ana River Mainstem),
California, $5,000,000;</DELETED>
<DELETED> Indiana Shoreline Erosion, Indiana,
$1,500,000;</DELETED>
<DELETED> Harlan (Levisa and Tug Forks of the Big Sandy
River and Upper Cumberland River), Kentucky,
$12,000,000;</DELETED>
<DELETED> Williamsburg (Levisa and Tug Forks of the Big
Sandy River and Upper Cumberland River), Kentucky,
$4,100,000;</DELETED>
<DELETED> Middlesboro (Levisa and Tug Forks of the Big Sandy
River and Upper Cumberland River), Kentucky,
$1,600,000;</DELETED>
<DELETED> Salyersville, Kentucky, $500,000;</DELETED>
<DELETED> Lake Pontchartrain and Vicinity (Hurricane
Protection), Louisiana, $11,848,000;</DELETED>
<DELETED> Red River below Denison Dam Levee and Bank
Stabilization, Louisiana, Arkansas, and Texas,
$3,800,000;</DELETED>
<DELETED> Broad Top Region, Pennsylvania,
$4,100,000;</DELETED>
<DELETED> Glen Foerd, Pennsylvania, $200,000; and</DELETED>
<DELETED> Wallisville Lake, Texas, $5,000,000</DELETED>
Homer Spit, Alaska, repair and extend project, $3,800,000;
McClellan-Kerr Arkansas River Navigation System, Arkansas,
$6,000,000: Provided, That $4,900,000 of such amount shall be
used for activities relating to Montgomery Point Lock and Dam,
Arkansas;
Red River Emergency Bank Protection, Arkansas and
Louisiana, $6,600,000;
Sacramento River Flood Control Project (Glenn-Colusa
Irrigation District), California, $300,000;
Arkansas City flood control project, Kansas, $700,000,
except that for the purposes of the project, section 902 of
Public Law 99-662 is waived;
Winfield, Kansas, $670,000;
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 (Lesiva 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, $11,838,000;
Ouachita River Levees, Louisiana, $2,300,000;
Red River below Denison Dam Levee and Bank Stabilization,
Louisiana, Arkansas, and Texas, $2,000,000;
Roughans Point, Massachusetts, $710,000;
Marshall, Minnesota, $850,000;
Ste. Genevieve, Missouri, $1,000,000;
Broad Top Region, Pennsylvania, $2,000,000;
Glen Foerd, Pennsylvania, $200,000;
Wallisville Lake, Texas, $5,000,000;
Virginia Beach Erosion Control and Hurricane Protection,
Virginia, $1,100,000;
Hatfield Bottom (Levisa and Tug Forks of the Big Sandy
River and Upper Cumberland River), West Virginia, $200,000; and
Upper Mingo (Levisa and Tug Forks of the Big Sandy River
and Upper Cumberland River, West Virginia, $2,000,000:
Provided, That the Secretary of the Army, acting through the
Chief of Engineers, shall transfer $1,120,000 of the
Construction, General funds appropriated in this Act to the
Secretary of the Interior and the Secretary of the Interior
shall accept and expend such funds for performing operation and
maintenance activities at the Columbia River Fishing Access
Sites to be constructed by the Department of the Army at
Cascade Locks, Oregon; Lone Pine, Oregon; Underwood,
Washington; and the Bonneville Treaty Fishing Access Site,
Washington.
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,
(5)<DELETED>$1,712,123,000 </DELETED>$1,696,998,000, 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 (6)<DELETED>$5,926,000 </DELETED>$3,426,000 of the funds
appropriated herein are provided for the Raystown Lake, Pennsylvania,
project(7): Provided further, That the Secretary of the Army is
directed during fiscal year 1996 to maintain a minimum conservation
pool level of 475.5 at Wister Lake in Oklahoma.
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,
(8)<DELETED>$150,000,000 </DELETED>$153,000,000, to remain available
until expended: Provided, (9)<DELETED>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, </DELETED>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 (10)(including the Committee on Environment and
Public Works of the Senate and the Committee on Transportation 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 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
(11)<DELETED>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.
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
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 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.
(d) If any of the four Corps of Engineers hopper dredges is removed
from normal service for repair or rehabilitation and such repair
prevents the dredge from accomplishing its volume of work regularly
carried out in each of the past three years, the Corps of Engineers
shall reduce the 7,500,000 cubic yards of hopper dredge volume
contained in subsection (a) of this section by the proportional amount
of work which had been allocated to such dredge over the past three
fiscal years in calculating the reduction in Corps dredging work
required to implement subsection (a).
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.
(12)Sec. 103. None of the funds appropriated herein or otherwise
available to the Army Corps of Engineers, may be used to assist, guide,
coordinate, administer; prepare for occupancy of; or acquire
furnishings for or in preparation of a movement to the Southeast
Federal Center.
(13)Sec. 104. The project for flood control for Petersburg, West
Virginia, authorized by section 101(a)(26) of the Water Resources
Development Act of 1990 (P.L. 101-640, 104 Stat. 4611) is modified to
authorize the Secretary of the Army to construct the project at a total
cost not to exceed $26,600,000, with an estimated first Federal cost of
$19,195,000 and an estimated first non-Federal cost of $7,405,000.
(14)Sec. 105. (a) The Secretary of the Army is authorized to accept
from a non-Federal sponsor an amount of additional lands not to exceed
300 acres which are contiguous to the Cooper Lake and Channels Project,
Texas, authorized by the River and Harbor Act of 1965 and the Water
Resources Development Act of 1986, and which provide habitat value at
least equal to that provided by the lands authorized to be redesignated
in subsection (b).
(b) Upon the completion of subsection (a), the Secretary is further
authorized to redesignate an amount of mitigation land not to exceed
300 acres to recreation purposes.
(c) The cost of all work to be undertaken pursuant to this section,
including but not limited to real estate appraisals, cultural and
environmental surveys, and all development necessary to avoid net
mitigation losses, to the extent such actions are required, shall be
borne by the donating sponsor.
(15)sec. 106. water level in lake traverse, south dakota and
minnesota.
(a) In General.--Subject to subsection (b), notwithstanding any
other law, the Secretary of the Army, acting through the Chief of
Engineers of the Army Corps of Engineers and using funds made available
under this Act, shall, to the greatest extent practicable, take such
actions as are necessary to obtain and maintain an elevation of 977
feet above sea level in Lake Traverse, South Dakota and Minnesota.
(b) Limitation.--No action taken under subsection (a) shall result
in flooding at Mud Lake, South Dakota and Minnesota.
(16)Sec. 107. Using funds appropriated herein the Secretary of the
Army, acting through the Chief of Engineers, is authorized to undertake
the Coos Bay, Oregon project in accordance with the Report of the Chief
of Engineers, dated June 30, 1994, at a total cost of $14,541,000, with
an estimated Federal cost of $10,777,000 and an estimated non-Federal
cost of $3,764,000.
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, (17)<DELETED>$13,114,000
</DELETED>$11,234,000: 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(18):
Provided further, That within available funds, $300,000 is for the
completion of the feasibility study of alternatives for meeting the
drinking water needs on the Cheyenne River Sioux Reservation and
surrounding communities.
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, (19)<DELETED>$417,301,000
</DELETED>$390,461,000, 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
(20)<DELETED>$94,225,000 </DELETED>$92,725,000 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, (21)<DELETED>$278,759,000 </DELETED>$267,393,000: 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),
(22)<DELETED>$2,576,700,000 (less $1,000,000), to remain available
until expended </DELETED>$2,793,324,000 to remain available until
expended: Provided, That no more than $7,500,000 of such funds shall be
used for the termination of the Gas Turbine-Modular Helium Reactor
program (23), of which amount within available funds $56,000,000 may be
available to continue operation of the Tokamak Fusion Test Reactor (for
which purpose, the Secretary may use savings from reducing general
administrative expenses in accordance with the Department of Energy's
strategic alignment and downsizing effort, but none of the savings used
for this purpose shall come from programmatic accounts within this
title)(24): Provided further, That within the amount for Indian Energy
Resource projects, $2,000,000 may be made available to fund the Crow
energy resources programs under title XXVI of the Energy Policy Act of
1992 (25 U.S.C. 3501 et seq.)(25)<DELETED>:-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)</DELETED>.
(26)Funding for Energy Supply, Research and Development Activities
Relating To Renewable Energy Sources
(a) Reduction in Appropriation for Departmental Administration.--
Notwithstanding any other provision of this Act, the amount
appropriated in title III of this Act under the heading Departmental
Administration is hereby reduced by $25,000,000.
(b) Increase in Appropriation for Energy Supply, Research and
Development Activities.--Notwithstanding any other provision of this
Act, the amount appropriated in title III of this Act under the heading
Energy Supply, Research and Development Activities is hereby increased
by $37,000,000.
(c) Availability of Funds.--Of the funds appropriated in title III
of this Act under the heading Energy Supply, Research and Development
Activities--
(1) not less than $4,500,000 shall be available for solar
building technology research;
(2) not less than $78,929,000 shall be available for
photovoltaic energy systems;
(3) not less than $28,443,000 shall be available for solar
thermal energy systems;
(4) not less than $55,300,000 shall be available for
biofuels of which no less than half shall go toward the Biomass
Electric Program;
(5) not less than $42,000,000 shall be available for wind
energy systems;
(6) not less than $8,000,000 shall be available for
international solar energy programs;
(7) not less than $9,000,000 shall be available for
hydrogen research.
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),
(27)<DELETED>$991,000,000 </DELETED>$971,000,000, to remain available
until expended.
Nuclear Waste Disposal Fund
(28)<DELETED>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.
</DELETED> For the 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,
$151,600,000 to remain available until expended, to be derived from the
Nuclear Waste Fund: Provided, That of the amount herein appropriated
together with the amount provided in the Defense Nuclear Waste Disposal
Appropriation contained in this title, within available funds, no more
than $250,000,000 shall be available to continue, at a reduced level,
the technical site characterization effort and to retain deferred
licensing capability at the Yucca Mountain site: Provided further, That
the facility for the initial storage of no more than 40,000 metric tons
of uranium at a site to be determined by the President shall be
licensed by the Nuclear Regulatory Commission for an unspecified
period, in accordance with its regulations governing the licensing of
independent spent fuel storage installations, without regard to
sections 148(a) and 148(d) of Public Law 97-425: Provided further, That
the facility shall be expandable for the subsequent transportation and
interim storage of up to 100,000 metric tons of uranium and shall be
operational in the 1998 timeframe, consistent with sections
135(a)(1)(B), 135(a)(4), 137(a), 141(a), 148(a), 148(b), and 148(c) of
Public Law 97-425, but without regard to sections 131(a)(3), 131(b)(2),
135(a)(1), 135(d), 135(e), 146, 148(d)(1), 148(d)(3), and 148(d)(4) of
Public Law 97-425: Provided further, That the director shall review the
program's institutional activities, including all cooperative
agreements, international commitments, and university assistance, and
shall make available to these entities amounts commensurate with the
revised program for nuclear waste disposal activities: Provided
further, That any funds provided to the State of Nevada are for the
sole purpose of conduct of its scientific oversight responsibilities
pursuant to Public Law 97-425, as amended: Provided further, That none
of the funds herein appropriated may be used directly or indirectly to
influence legislative action on any matter pending before Congress or a
State legislature or for any lobbying activity as provided in section
1913 of title 18, United States Code: Provided further, That the
Secretary shall submit to the Congress within 90 days a revised program
plan and schedule, including a new five-year budget, that addresses the
construction and operation of the interim storage capability, the
revised site characterization program at the Yucca Mountain site, and
the results of the Director's review of the program's institutional
activities.
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),
(29)<DELETED>$3,273,014,000 </DELETED>$3,751,719,000, 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),
(30)<DELETED>$5,265,478,000 </DELETED>$5,989,750,000, 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
(31)<DELETED>$1,323,841,000 </DELETED>$1,439,112,000, to remain
available until expended(32): Provided, That within available funds,
$4,952,000 is provided for electrical and utility systems upgrade,
Idaho Chemical Processing Plant, Idaho National Engineering Laboratory,
project number 96-D-463.
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,
(33)<DELETED>$198,400,000 </DELETED>$248,400,000, to remain available
until expended(34), all of which shall be used in accordance with the
terms and conditions of the Nuclear Waste Fund appropriation of the
Department of Energy contained in this title.
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),
(35)<DELETED>$362,250,000 </DELETED>$377,126,000, 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
(36)<DELETED>$122,306,000 </DELETED>$137,306,000 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 (37)<DELETED>$239,944,000
</DELETED>$239,820,000.
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, (38)<DELETED>$26,000,000 </DELETED>$25,000,000, 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);
(39)<DELETED>$132,290,000 </DELETED>$131,290,000, to remain available
until expended: Provided, That notwithstanding any other provision of
law, not to exceed (40)<DELETED>$132,290,000 </DELETED>$131,290,000 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, (41)<DELETED>$142,000,000
</DELETED>$182,000,000.
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.
(42)DELAWARE RIVER BASIN COMMISSION
Salaries and Expenses
For expenses necessary to carry out the functions of the United
States member of the Delaware River Basin Commission, as authorized by
law (75 Stat. 716), $440,000: Provided, That the United States
Commissioner (Alternate Federal Member) shall not be compensated at a
level higher than General Schedule level 15.
Contribution to Delaware River Basin Commission
For payment of the United States share of the current expenses of
the Delaware River Basin Commission, as authorized by law (75 Stat.
706, 707), $478,000.
(43)INTERSTATE COMMISSION ON THE POTOMAC RIVER BASIN
Contribution to Interstate Commission on the Potomac River Basin
To enable the Secretary of the Treasury to pay in advance to the
Interstate Commission on the Potomac River Basin the Federal
contribution toward the expenses of the Commission during the current
fiscal year in the administration of its business in the conservancy
district established pursuant to the Act of July 11, 1940 (54 Stat.
748), as amended by the Act of September 25, 1970 (Public Law 91-407),
$511,000.
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, (44)<DELETED>$468,300,000
</DELETED>$474,300,000, to remain available until expended, of which
(45)<DELETED>$11,000,000 </DELETED>$17,000,000 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
(46)<DELETED>$11,000,000 </DELETED>$17,000,000.
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,
(47)<DELETED>$2,531,000 </DELETED>$2,664,000, to be transferred from
the Nuclear Waste Fund and to remain available until expended.
(48)SUSQUEHANNA RIVER BASIN COMMISSION
Salaries and Expenses
For expenses necessary to carry out the functions of the United
States member of the Susquehanna River Basin Commission as authorized
by law (84 Stat. 1541), $280,000: Provided, That the United States
Commissioner (Alternate Federal Member) shall not be compensated at a
level higher than General Schedule level 15.
Contribution to Susquehanna River Basin Commission
For payment of the United States share of the current expenses of
the Susquehanna River Basin Commission, as authorized by law (84 Stat.
1530, 1531), $288,000.
TENNESSEE VALLEY AUTHORITY
Tennessee Valley Authority Fund
For the purpose of carrying out the provisions of the Tennessee
Valley Authority Act of 1933, as amended (16 U.S.C. ch. 12A), including
purchase, hire, maintenance, and operation of aircraft, and purchase
and hire of passenger motor vehicles, (49)<DELETED>$103,339,000
</DELETED>$110,339,000, to remain available until expended(50). Of the
funds appropriated under this heading, not more than $25,000,000 may be
expended for the Tennessee Valley Authority Environmental Research
Center in Muscle Shoals, Alabama, in the event that the Center expends
less than $25,000,000, such amount not expended shall be returned to
the United States Treasury and the Tennessee Valley Authority
appropriation reduced accordingly and the Tennessee Valley Authority
shall take steps to obtain funding from other sources so as to reduce
appropriated funding in the future and, not later than January 1, 1996,
submit to Congress a preliminary plan securing funding from other
sources.
TITLE V
GENERAL PROVISIONS
(51)<DELETED>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.
<DELETED> Sec. 502. Sec. 510 of Public Law 101-514, the Fiscal Year
1991 Energy and Water Development Appropriations Act, is
repealed.</DELETED>
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.
(52)<DELETED>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.
</DELETED> 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.
(53)<DELETED>Sec. 507. The amount otherwise provided in this Act
for the following account is hereby reduced by the following amount:
<DELETED> (1) ``Nuclear Waste Disposal Fund'', aggregate
amount, $1,000.</DELETED>
(54)<DELETED>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.
</DELETED> (55)Sec. 509. Without fiscal year limitation, the amount
of fish and wildlife costs that the Bonneville Power Administration may
incur during a fiscal year shall not exceed its ability to pay as a
percent of the preceding years gross annual power revenues exclusive of
gross residential exchange revenues that the Bonneville Administrator
accrues in that fiscal year. No branch or agency of the Federal
Government shall take any action pursuant to any law which shall cause
the Bonneville Power Administration to exceed this expenditure
limitation.
``Fish and wildlife costs'' includes--
(1) purchase power costs and lost revenues, as determined
by the Bonneville Administrator (subject to independent audit),
based on the forecast value of such costs or revenues under
average flow conditions, related to operations of the Federal
Columbia River Power System for the benefit of fish and
wildlife affected by the development, operation, or management
of such system using operations prior to passage of the
Northwest Power Act as a baseline for calculating such costs;
(2) expenditures; and
(3) reimbursable costs.
This provision shall be implemented on October 1, 1995 unless there is
a valid agreement which limits Bonneville's exposure to increases in
fish and wildlife costs consistent with its ability to pay and the
needs for fish and wildlife resources in the Columbia River Basin.
(56)sec. 510. magnetic fusion energy engineering.
Section 7 of the Magnetic Fusion Energy Engineering Act (42 U.S.C.
9396) is repealed.
SEC. 511. REPEAL OF REPORT ON VERIFICATION TECHNIQUES FOR PRODUCTION OF
PLUTONIUM AND HIGHLY ENRICHED URANIUM.
Section 3131 of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101-510; 104 Stat. 1839) is amended by striking
out subsection (c).
(57)sec. 512. sense of the senate on the conference on s. 4, the
line item veto act.
(a) Findings.--The Senate finds that--
(1) the line item veto was a major plank in the House
majority's ``Contract with America'' and has received strong
bipartisan support in the 104th Congress;
(2) the House of Representatives on February 6, 1995,
passed H.R. 2, the Line Item Veto Act, on a vote of 294-134;
(3) the Senate on March 23, 1995, passed S. 4, the Separate
Enrollment and Line Item Veto Act of 1995, on a vote of 69-29;
(4) the House passed S. 4, with the text of H.R. 2
inserted, by voice vote on May 17, 1995, 50 days after passage
by the Senate;
(5) notwithstanding the failure of the House to request a
conference, the Senate disagreed with the House amendments,
requested a conference and appointed conferees on S. 4 on June
20, 1995;
(6) the papers for S. 4 have been held at the desk of the
Speaker of the House for 42 days and the Speaker of the House
has not yet moved to appoint conferees;
(7) with the passage of time it increasingly appears that
the Congress may pass and send to the President not only the
appropriations bills for fiscal year 1996 but also the
reconciliation bill required by H.Con.Res. 67 (the concurrent
resolution setting forth the congressional budget for fiscal
years 1996, 1997, 1998, 1999, 2000, 2001, and 2002) without
first passing and sending to the President a line item veto
bill; and
(8) the House majority leadership has publicly cast doubt
on the prospects for a conference on S. 4 this year.
(b) Sense of the Senate.--It is the sense of the Senate that--
(1) the Speaker of the House should move to appoint
conferees on S. 4 immediately, so that the House and Senate may
resolve their differences on this important legislation.
(58)sec. 513. energy savings at federal facilities.
(a) Reduction in Facilities Energy Costs.--The head of each agency
for which funds are made available under this Act shall take all
actions necessary to achieve during fiscal year 1996 a 5 percent
reduction, from fiscal year 1995 levels, in the energy costs of the
facilities used by the agency.
(b) Use of Cost Savings.--An amount equal to the amount of cost
savings realized by an agency under subsection (a) shall remain
available for obligation through the end of fiscal year 1997, without
further authorization or appropriation, as follows:
(1) Conservation measures.--Fifty percent of the amount
shall remain available for the implementation of additional
energy conservation measures and for water conservation
measures at such facilities used by the agency as are
designated by the head of the agency.
(2) Other purposes.--Fifty percent of the amount shall
remain available for use by the agency for such purposes as are
designated by the head of the agency, consistent with
applicable law.
(c) Report.--
(1) In general.--Not later than December 31, 1996, the head
of each agency described in subsection (a) shall submit a
report to Congress specifying the results of the actions taken
under subsection (a) and providing any recommendations as to
how to further reduce energy costs and energy consumption in
the future.
(2) Contents.--Each report shall--
(A) specify the total energy costs of the
facilities used by the agency;
(B) identify the reductions achieved; and
(C) specify the actions that resulted in the
reductions.
(59)sec. 514. water levels in rainy lake and namakan lake.
(a) Findings.--Congress finds that--
(1) the Rainy Lake and Namakan Reservoir Water Level
International Steering Committee conducted a 2-year analysis in
which public comments on the water levels in Rainy Lake and
Namakan Lake revealed significant problems with the current
regulation of water levels and resulted in Steering Committee
recommendations in November 1993; and
(2) maintaining water levels closer to those recommended by
the Steering Committee will help ensure the enhancement of
water quality, fish and wildlife, and recreational resources in
Rainy Lake and Namakan Lake.
(b) Definitions.--In this section:
(1) Existing rule curve.--The term ``existing rule curve''
means each of the rule curves promulgated by the International
Joint Commission to regulate water levels in Rainy Lake and
Namakan Lake in effect as of the date of enactment of this Act.
(2) Proposed rule curve.--The term ``proposed rule curve''
means each of the rule curves recommended by the Rainy Lake and
Namakan Reservoir International Steering Committee for
regulation of water levels in Rainy Lake and Namakan Lake in
the publication entitled ``Final Report and Recommendations''
published in November 1993.
(c) Water Levels.--The dams at International Falls and Kettle
Falls, Minnesota, in Rainy Lake and Namakan Lake, respectively, shall
be operated so as to maintain water levels as follows:
(1) Coincident rule curves.--In each instance in which an
existing rule curve coincides with a proposed rule curve, the
water level shall be maintained within the range of such
coincidence.
(2) Noncoincident rule curves.--In each instance in which
an existing rule curve does not coincide with a proposed rule
curve, the water level shall be maintained at the limit of the
existing rule curve that is closest to the proposed rule curve.
(d) Enforcement.--
(1) In general.--The Federal Energy Regulatory Commission
shall enforce this section as though the provisions were
included in the license issued by the Commission on December
31, 1987, for Commission Project No. 5223-001.
(2) Rule of construction.--Nothing in this section shall be
construed to require the Commission to alter the license for
Commission Project No. 5223-001 in any way.
(e) Sunset.--This section shall remain in effect until the
International Joint Commission review of and decision on the Steering
Committee's recommendations are completed.
This Act may be cited as the ``Energy and Water Development
Appropriations Act, 1996''.
Passed the House of Representatives July 12, 1995.
Attest:
ROBIN H. CARLE,
Clerk.
Passed the Senate August 1 (legislative day, July 10),
1995.
Attest:
KELLY D. JOHNSON,
Secretary.