[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1905 Reported in Senate (RS)]



                                                       Calendar No. 156

104th CONGRESS

  1st Session

                               H. R. 1905

                          [Report No. 104-120]

_______________________________________________________________________

                                 AN ACT

 Making appropriations for energy and water development for the fiscal 
        year ending September 30, 1996, and for other purposes.

_______________________________________________________________________

                July 19 (legislative day, July 10), 1995

  Received; read twice and referred to the Committee on Appropriations

                July 27 (legislative day, July 10), 1995

                        Reported with amendments
                                                       Calendar No. 156
104th CONGRESS
  1st Session
                                H. R. 1905

                          [Report No. 104-120]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 19 (legislative day, July 10), 1995

  Received, read twice and referred to the Committee on Appropriations

                July 27 (legislative day, July 10), 1995

               Reported by Mr. Domenici, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 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, <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:
        <DELETED>    Norco Bluffs, California, $375,000;</DELETED>
        <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), <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:
        <DELETED>    Red River Emergency Bank Protection, Arkansas and 
        Louisiana, $6,600,000;</DELETED>
        <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;
            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;
            Ste. Genevieve, Missouri, $1,000,000;
            Broad Top Region, Pennsylvania, $2,000,000;
            Glen Foerd, Pennsylvania, $200,000;
            Wallisville Lake, Texas, $5,000,000;
            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, 
<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 <DELETED>$5,926,000 </DELETED>$3,426,000 of the funds 
appropriated herein are provided for the Raystown Lake, Pennsylvania, 
project: 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, 
<DELETED>$150,000,000 </DELETED>$153,000,000, to remain available until 
expended: Provided, <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 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
<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>
<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).
<DELETED>    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.</DELETED>
<DELETED>    (b) Project Depth.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
    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.
                                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, <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.

                          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, <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 <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, <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), 
<DELETED>$2,576,700,000 (less $1,000,000) </DELETED>$2,798,324,000, to 
remain available until expended<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>.
                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), 
<DELETED>$991,000,000 </DELETED>$971,000,000, to remain available until 
expended.

                      Nuclear Waste Disposal Fund
<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(a)(2), 
135(d), 135(e), 141(g), 145, 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), 
<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), 
<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 
<DELETED>$1,323,841,000 </DELETED>$1,439,112,000, 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, <DELETED>$198,400,000 
</DELETED>$248,400,000, to remain available until expended, 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), 
<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 <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 <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, <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); 
<DELETED>$132,290,000 </DELETED>$131,290,000, to remain available until 
expended: Provided, That notwithstanding any other provision of law, 
not to exceed <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, <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.
                    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), $343,000.

            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.

            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, <DELETED>$468,300,000 </DELETED>$474,300,000, to 
remain available until expended, of which <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 <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, <DELETED>$2,531,000 
</DELETED>$2,664,000, to be transferred from the Nuclear Waste Fund and 
to remain available until expended.
                   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), $318,000.

           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, <DELETED>$103,339,000 
</DELETED>$110,339,000, to remain available until expended.

                                TITLE V

                           GENERAL PROVISIONS
<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>
<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.
<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.
<DELETED>    Sec. 507. The amount otherwise provided in this Act for 
the following account is hereby reduced by the following 
amount:</DELETED>
        <DELETED>    (1) ``Nuclear Waste Disposal Fund'', aggregate 
        amount, $1,000.</DELETED>
<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>
    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.
    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.
HR 1905 RS----2
HR 1905 RS----3
HR 1905 RS----4