[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3816 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
July 30, 1996
Resolved, That the bill from the House of Representatives (H.R.
3816) entitled ``An Act making appropriations for energy and water
development for the fiscal year ending September 30, 1997, and for
other purposes'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 1997, for energy and water development, and for other
purposes, namely:
TITLE I
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the 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, $154,557,000, to remain available until expended, of
which funds are provided for the following projects in the amounts
specified:
Coastal Studies Navigation Improvements, Alaska, $500,000;
Red River Navigation, Southwest, Arkansas, $600,000;
Tahoe Basin Study, Nevada and California, $200,000;
Walker River Basin Restoration Study, Nevada and
California, $300,000;
Bolinas Lagoon restoration study, Marin County, California,
$500,000;
Barnegat Inlet to Little Egg Harbor Inlet, New Jersey,
$300,000;
South Shore of Staten Island, New York, $300,000; and
Rhode Island South Coast, Habitat Restoration and Storm
Damage Reduction, Rhode Island, $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), $1,049,306,000, 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, and Lock and Dam
24, Mississippi River, Illinois and Missouri, projects, and of which
funds are provided for the following projects in the amounts specified:
Larsen Bay Harbor, Alaska, $2,000,000;
Ouzinkie Harbor, Alaska, $2,000,000;
Valdez Harbor, Alaska, Intertidal Water Retention,
$1,000,000;
Red River Emergency Bank Protection, Arkansas, $6,000,000;
Indianapolis Central Waterfront, Indiana, $2,000,000;
Harlan (Levisa and Tug Forks of the Big Sandy River and
Upper Cumberland River), Kentucky, $10,000,000;
Williamsburg (Levisa and Tug Forks of the Big Sandy River
and Upper Cumberland River), Kentucky, $4,700,000;
Middlesboro (Levisa and Tug Forks of the Big Sandy River
and Upper Cumberland River), Kentucky, $4,000,000;
Pike County (Levisa and Tug Forks of the Big Sandy River
and Upper Cumberland River), Kentucky, $3,000,000;
Ouachita River Levees, Louisiana, $2,600,000;
Lake Pontchartrain and Vicinity, Louisiana, $18,525,000;
Lake Pontchartrain (Jefferson Parish) Stormwater Discharge,
Louisiana, $3,500,000;
Red River Emergency Bank Protection, Louisiana, $4,400,000;
Mill Creek, Ohio, $500,000;
Seelconk River, Rhode Island Bridge removal, $650,000;
Red River Chloride Control, Texas, $4,500,000;
Wallisville Lake, Texas, $5,000,000;
Richmond Filtration Plant, Virginia, $3,500,000;
Virginia Beach, Virginia, Hurricane Protection, $8,000,000;
Hatfield Bottom (Levisa and Tug Forks of the Big Sandy
River and Upper Cumberland River), West Virginia, $1,600,000;
Lower Mingo (Kermit) (Levisa and Tug Forks of the Big Sandy
River and Upper Cumberland River), $4,200,000;
Lower Mingo, West Virginia, Tributaries Supplement,
$105,000; and
Upper Mingo County (Levisa and Tug Forks of the Big Sandy
River and Upper Cumberland River), West Virginia, $4,000,000:
Provided, That of the funds provided for the Red River
Waterway, Mississippi River to Shreveport, Louisiana, project,
$3,000,000 is provided, to remain available until expended, for
design and construction of a regional visitor center in the
vicinity of Shreveport, Louisiana at full Federal expense:
Provided further, That the Secretary of the Army, acting
through the Chief of Engineers, is authorized and directed to
initiate construction on the following projects in the amounts
specified:
Kake Harbor, Alaska, $4,000,000;
Helena and Vicinity, Arkansas, $150,000;
San Lorenzo, California, $200,000;
Panama City Beaches, Florida, $400,000;
Chicago Shoreline, Illinois, $1,300,000;
Pond Creek, Jefferson City, Kentucky, $3,000,000;
Boston Harbor, Massachusetts, $500,000;
Poplar Island, Maryland, $5,000,000;
Natchez Bluff, Mississippi, $5,000,000;
Wood River, Grand Isle, Nebraska, $1,000,000;
Duck Creek, Cincinnati, Ohio, $466,000;
Saw Mill River, Pittsburgh, Pennsylvania, $500,000;
Upper Jordan River, Utah, $1,100,000;
San Juan Harbor, Puerto Rico, $800,000; and
Allendale Dam, Rhode Island, $195,000: Provided further,
That no fully allocated funding policy shall apply to
construction of the projects listed above, and the Secretary of
the Army is directed to undertake these projects using
continuing contracts where sufficient funds to complete the
projects are not available from funds provided herein or in
prior years.
flood control, mississippi river and tributaries, arkansas, illinois,
kentucky, louisiana, mississippi, missouri, and tennessee
For expenses necessary for prosecuting work of flood control, and
rescue work, repair, restoration, or maintenance of flood control
projects threatened or destroyed by flood, as authorized by law (33
U.S.C. 702a, 702g-1), $312,513,000, to remain available until expended:
Provided, That the President of the Mississippi River Commission is
directed henceforth to use the variable cost recovery rate set forth in
OMB Circular A-126 for use of the Commission aircraft authorized by the
Flood Control Act of 1946, Public Law 526.
operation and maintenance, general
For expenses necessary for the preservation, operation,
maintenance, and care of existing river and harbor, flood control, and
related works, including such sums as may be necessary for the
maintenance of harbor channels provided by a State, municipality or
other public agency, outside of harbor lines, and serving essential
needs of general commerce and navigation; surveys and charting of
northern and northwestern lakes and connecting waters; clearing and
straightening channels; and removal of obstructions to navigation,
$1,688,358,000, 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 and of which $500,000
shall be made available for the maintenance of Compton Creek Channel,
Los Angeles County drainage area, California: Provided, That the
Secretary of the Army is directed to design and implement at full
Federal expense an early flood warning system for the Greenbrier and
Cheat River Basins, West Virginia within eighteen months from the date
of enactment of this Act: Provided further, That the Secretary of the
Army is directed during fiscal year 1997 to maintain a minimum
conservation pool level of 475.5 at Wister Lake in Oklahoma: Provided
further, That no funds, whether appropriated, contributed, or otherwise
provided, shall be available to the United States Army Corps of
Engineers for the purpose of acquiring land in Jasper County, South
Carolina, in connection with the Savannah Harbor navigation project:
Provided further, That the Secretary of the Army is directed to use
$600,000 of funding provided herein to perform maintenance dredging of
the Cocheco River navigation project, New Hampshire: Provided further,
That $750,000 is for the Buford-Trenton Irrigation District, section
33, erosion control project in North Dakota.
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.
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, and
for costs of implementing the Secretary of the Army's plan to reduce
the number of division offices as directed in title I, Public Law 104-
46, $153,000,000, to remain available until expended: Provided, That no
part of any other appropriation provided in title I of this Act shall
be available to fund the activities of the Office of the Chief of
Engineers or the executive direction and management activities of the
Division Offices: Provided further, That the Secretary of the Army may
not obligate any funds available to the Department of the Army for the
closure of the Pacific Ocean Division Office of the Army Corps of
Engineers.
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 provisions
Sec. 101. The flood control project for Arkansas City, Kansas
authorized by section 401(a) of the Water Resources Development Act of
1986 (Public Law 99-662, 100 Stat. 4116) is modified to authorize the
Secretary of the Army to construct the project at a total cost of
$38,500,000, with an estimated first Federal cost of $19,250,000 and an
estimated first non-Federal cost of $19,250,000.
Sec. 102. Funds previously provided under the Fiscal Year 1993
Energy and Water Development Act, Public Law 102-377, for the Elk Creek
Dam, Oregon project, are hereby made available to plan and implement
long term management measures at Elk Creek Dam to maintain the project
in an uncompleted state and to take necessary steps to provide passive
fish passage through the project.
Sec. 103. The flood control project for Moorefield, West Virginia,
authorized by section 101(a)(25) of the Water Resources Development Act
of 1990 (Public Law 101-640, 104 Stat. 4610) is modified to authorize
the Secretary of the Army to construct the project at a total cost of
$26,200,000, with an estimated first Federal cost of $20,300,000 and an
estimated first non-Federal cost of $5,900,000.
Sec. 104. The project for navigation, Grays Landing Lock and Dam,
Monongahela River, Pennsylvania (Lock and Dam 7 Replacement),
authorized by section 301(a) of the Water Resources Development Act of
1986 (Public Law 99-662, 100 Stat. 4110) is modified to authorize the
Secretary of the Army to construct the project at a total cost of
$181,000,000, with an estimated first Federal cost of $181,000,000.
Sec. 105. From the date of enactment of this Act, flood control
measures implemented under Section 202(a) of Public Law 96-367 shall
prevent future losses that would occur from a flood equal in magnitude
to the April 1977 level by providing protection from the April 1977
level or the 100-year frequency event, whichever is greater.
Sec. 106. Notwithstanding any other provision of law, the Secretary
of the Army, acting through the Chief of Engineers, is authorized to
reprogram, obligate and expend such additional sums as are necessary to
continue construction and cover anticipated contract earnings of any
water resources project that received an appropriation or allowance for
construction in or through an appropriations Act or resolution of the
then-current fiscal year or the two fiscal years immediately prior to
that fiscal year, in order to prevent the termination of a contract or
the delay of scheduled work.
Sec. 107. (a) In fiscal year 1997, the Secretary of the Army shall
advertise for competitive bid at least 7,500,000 cubic yards of the
hooper dredge volume accomplished with government owned dredges in
fiscal year 1996.
(b) Notwithstanding the provisions of this section, the Secretary
is authorized to use the dredge fleet of the Corps of Engineers to
undertake projects when industry does not perform as required by the
contract specifications or when the bids are more than 25 percent in
excess of what the Secretary determines to be a fair and reasonable
estimated cost of a well equipped contractor doing the work or to
respond to emergency requirements.
Sec. 108. The Corps of Engineers is hereby directed to complete the
Charleston Riverfront (Haddad) Park Project, West Virginia, as
described in the design memorandum approved November, 1992, on a 50-50
cost-share basis with the City. The Corps of Engineers shall pay one-
half of all costs for settling contractor claims on the completed
project and for completing the wharf. The Federal portion of these
costs shall be obtained by reprogramming available Operations &
Maintenance funds. The project cost limitation in the Project
Cooperation Agreement shall be increased to reflect the actual costs of
the completed project.
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,
$42,527,000, to remain available until expended, of which $16,700,000
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 $11,700,000 shall be
available to the Utah Reclamation Mitigation and Conservation
Commission to carry out activities authorized under the Act.
In addition, for necessary expenses incurred in carrying out
responsibilities of the Secretary of the Interior under the Act,
$1,100,000, to remain available until expended.
Bureau of Reclamation
For carrying out the functions of the Bureau of Reclamation as
provided in the Federal reclamation laws (Act of June 17, 1902, 32
Stat. 388, and Acts amendatory thereof or supplementary 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, $18,105,000, to remain available until expended: Provided,
That of the total appropriated, the amount for program activities which
can be financed by the reclamation fund shall be derived from that
fund: Provided further, That funds contributed by non-Federal entities
for purposes similar to this appropriation shall be available for
expenditure for the purposes for which contributed as though
specifically appropriated for said purposes, and such amounts shall
remain available until expended: Provided further, That within
available funds, $150,000 is for completion of the feasibility study of
alternatives for meeting the drinking water needs of 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, $398,596,700, to
remain available until expended, of which $23,410,000 shall be
available for transfer to the Upper Colorado River Basin Fund
authorized by section 5 of the Act of April 11, 1956 (43 U.S.C. 620d),
and $58,325,700 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, and that $12,500,000 shall be available
for the Mid-Dakota Rural Water System: 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: Provided
further, That section 301 of Public Law 102-250, Reclamation States
Emergency Drought Relief Act of 1991, is amended by inserting ``1996,
and 1997'' in lieu of ``and 1996'': Provided further, That the amount
authorized by section 210 of Public Law 100-557 (102 Stat. 2791), is
amended to $56,362,000 (October 1996 prices plus or minus cost
indexing), and funds are authorized to be appropriated through the
twelfth fiscal year after conservation funds are first made available:
Provided further, That $1,500,000 shall be available for construction
of McCall Wastewater Treatment, Idaho facility, and $1,000,000 shall be
available for Devils Lake Desalination, North Dakota Project.
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, $280,876,000, to remain
available until expended: Provided, That of the total appropriated, the
amount for program activities which can be financed by the reclamation
fund shall be derived from that fund, 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, $12,290,000, 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, such sums as may be collected in the
Central Valley Project Restoration Fund pursuant to sections 3407(d),
3404(c)(3), 3405(f) and 3406(c)(1) of Public Law 102-575, to remain
available until expended: Provided, That the Bureau of Reclamation is
directed to levy additional mitigation and 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, to remain
available until expended, $48,307,000, 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.
administrative provision
Appropriations for the Bureau of Reclamation shall be available for
purchase of not to exceed 6 passenger motor vehicles for replacement
only.
TITLE III
DEPARTMENT OF ENERGY
Energy Programs
energy supply, research and development activities
For expenses of the Department of Energy activities including the
purchase, construction and acquisition of plant and capital equipment
and other expenses necessary for energy supply, research and
development activities in carrying out the purposes of the Department
of Energy Organization Act (42 U.S.C. 7101, et seq.), including the
acquisition or condemnation of any real property or any facility or for
plant or facility acquisition, construction, or expansion; purchase of
passenger motor vehicles (not to exceed 24 for replacement only),
$2,764,043,000, to remain available until expended: Provided, That
$5,000,000 shall be available for research into reducing the costs of
converting saline water to fresh water.
uranium supply and enrichment activities
For expenses of the Department of Energy in connection with
operating expenses; the purchase, construction, and acquisition of
plant and capital equipment and other expenses necessary for 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; and the purchase of passenger motor vehicles
(not to exceed 3 for replacement only); $42,200,000, to remain
available until expended: Provided, That revenues received by the
Department for uranium programs and estimated to total $42,200,000 in
fiscal year 1997 shall be retained and used for the specific purpose of
offsetting costs incurred by the Department for such activities
notwithstanding the provisions of 31 U.S.C. 3302(b) and 42 U.S.C.
2296(b)(2): Provided further, That the sum herein appropriated shall be
reduced as revenues are received during fiscal year 1997 so as to
result in a final fiscal year 1997 appropriation from the General Fund
estimated at not more than $0.
Section 161k. of the Atomic Energy Act of 1954 (42 U.S.C. 2201k)
with respect to the Paducah Gaseous Diffusion Plant, Kentucky, and the
Portsmouth Gaseous Diffusion Plant, Ohio, the guidelines shall require,
at a minimum, the presence of an adequate number of security guards
carrying side arms at all times to ensure maintenance of security at
the gaseous diffusion plants.
Section 311(b) of the USEC Privatization Act (Public Law 104-134,
title III, chapter 1, subchapter A) insert the following:
``(3) The Corporation shall pay to the Thrift Savings Fund
such employee and agency contributions as are required or
authorized by sections 8432 and 8351 of title 5, United States
Code, for employees who elect to retain their coverage under
CSRS or FERS pursuant to paragraph (1).''.
uranium enrichment decontamination and decommissioning fund
For necessary expenses in carrying out uranium enrichment facility
decontamination and decommissioning, remedial actions and other
activities of title II of the Atomic Energy Act of 1954 and title X,
subtitle A of the Energy Policy Act of 1992, $205,200,000, to be
derived from the Fund, to remain available until expended.
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 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, $1,000,626,000, to
remain available until expended.
nuclear waste disposal fund
For nuclear waste disposal activities to carry out the purposes of
Public Law 97-425, as amended, including the acquisition of real
property or facility construction or expansion, $200,028,000, to remain
available until expended, to be derived from the Nuclear Waste Fund:
Provided, That no later than June 30, 1998, the Secretary shall provide
to the President and to the Congress a viability assessment of the
Yucca Mountain site. The viability assessment shall include:
(1) the preliminary design concept for the critical
elements for the repository and waste package;
(2) a total system performance assessment, based upon the
design concept and the scientific data and analysis available
by June 30, 1998, describing the probable behavior of the
repository in the Yucca Mountain geological setting relative to
the overall system performance standards;
(3) a plan and cost estimate for the remaining work
required to complete a license application; and
(4) an estimate of the costs to construct and operate the
repository in accordance with the design concept.
departmental administration
For salaries and expenses of the Department of Energy necessary for
Departmental Administration 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), $218,017,000, 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
$125,388,000 in fiscal year 1997 may be retained and used for operating
expenses within this account, and may remain available until expended,
as authorized by section 201 of Public Law 95-238, notwithstanding the
provisions of 31 U.S.C. 3302: Provided further, That the sum herein
appropriated shall be reduced by the amount of miscellaneous revenues
received during fiscal year 1997 so as to result in a final fiscal year
1997 appropriation from the General Fund estimated at not more than
$92,629,000: Provided further, That funds made available by this Act
for Departmental Administration may be used by the Secretary of Energy
to offer employees voluntary separation incentives to meet staffing and
budgetary reductions and restructuring needs through September 30, 1997
consistent with plans approved by the Office of Management and Budget.
The amount of each incentive shall be equal to the smaller of the
employee's severance pay, or $20,000. Voluntary separation recipients
who accept employement with the Federal Government, or enter into a
personal services contract with the Federal Government within five
years after separation shall repay the entire amount to the Department
of Energy: Provided further, That in addition to any other payments
which it is required to make under subchapter III of chapter 83 or
chapter 84 of title 5, United States Code, the Department of Energy
shall remit to the Office of Personnel Management for deposit in the
Treasury of the United States to the credit of the Civil Service
Retirement and Disability Fund an amount equal to 15 percent of the
final basic pay of each employee who is covered under subchapter III of
chapter 83 or chapter 84 of title 5 to whom a voluntary separation
incentive has been paid under this paragraph.
office of the inspector general
For necessary expenses of the Office of the Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $23,103,000, to remain available until expended.
atomic energy defense activities
weapons activities
For Department of Energy expenses, including the purchase,
construction and acquisition of plant and capital equipment and other
expenses necessary for atomic energy defense weapons 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 94 for replacement only), $3,988,602,000, to
remain available until expended.
defense environmental restoration and waste management
For Department of Energy expenses, including the purchase,
construction and acquisition of plant and capital equipment and other
expenses necessary for atomic energy defense environmental restoration
and waste management activities in 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
20, of which 19 are for replacement only), $5,605,210,000, to remain
available until expended: Provided, That an additional amount of
$182,000,000 is available for privatization initiatives: Provided
further, That within available funds, up to $2,000,000 is provided for
demonstration of stir-melter technology developed by the Department and
previously intended to be used at the Savannah River Site. In carrying
out this demonstration, the Department is directed to seek alternative
use of this technology in order to maximize the investment already made
in this technology.
Of amounts appropriated for the Defense Environmental Restoration
and Waste Management Technology Development Program, $5,000,000 shall
be available for the electrometallurgical treatment of spent nuclear
fuel at Argonne National Laboratory.
other defense activities
For Department of Energy expenses, including the purchase,
construction and acquisition of plant and capital equipment and other
expenses necessary for atomic energy defense, other defense activities,
in carrying out the purposes of the Department of Energy Organization
Act (42 U.S.C. 7101, et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, and the purchase of
passenger motor vehicles (not to exceed 2 for replacement only),
$1,606,833,000, to remain available until expended.
defense nuclear waste disposal
For nuclear waste disposal activities to carry out the purposes of
Public Law 97-425, as amended, including the acquisition of real
property or facility construction or expansion, $200,000,000, to remain
available until expended.
Power Marketing Administrations
operation and maintenance, alaska power administration
For necessary expenses of operation and maintenance of projects in
Alaska and of marketing electric power and energy, $4,000,000, to
remain available until expended.
bonneville power administration fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for official
reception and representation expenses in an amount not to exceed
$3,000.
During fiscal year 1997, no new direct loan obligations may be
made.
operation and maintenance, southeastern power administration
For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and energy
pursuant to the provisions of section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), as applied to the southeastern power area,
$13,859,000, 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 in carrying out the provisions of section 5 of the Flood
Control Act of 1944 (16 U.S.C. 825s), as applied to the southwestern
power area, $25,210,000, to remain available until expended; in
addition, notwithstanding the provisions of 31 U.S.C. 3302, not to
exceed $3,787,000 in reimbursements, to remain available until
expended.
construction, rehabilitation, operation and maintenance, western area
power administration
(including transfer of funds)
For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7101, et seq.),
and other related activities including conservation and renewable
resources programs as authorized, including official reception and
representation expenses in an amount not to exceed $1,500,
$201,582,000, to remain available until expended, of which $172,378,000
shall be derived from the Department of the Interior Reclamation Fund:
Provided, That of the amount herein appropriated, $5,432,000 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 $3,774,000 to carry out the power
marketing and transmission activities of the Boulder Canyon project as
provided in section 104(a)(4) of the Hoover Power Plant Act of 1984, to
remain available until expended.
falcon and amistad operating and maintenance fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams, $970,000, to
remain available until expended, and to be derived from the Falcon and
Amistad Operating and Maintenance Fund of the Western Area Power
Administration, as provided in section 423 of the 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, the hire of passenger motor vehicles, and official
reception and representation expenses (not to exceed $3,000),
$146,290,000, to remain available until expended: Provided, That
notwithstanding any other provision of law, not to exceed $146,290,000
of revenues from fees and annual charges, and other services and
collections in fiscal year 1997 shall be retained and used for
necessary expenses in this account, and shall remain available until
expended: Provided further, That the sum herein appropriated shall be
reduced as revenues are received during fiscal year 1997 so as to
result in a final fiscal year 1997 appropriation from the General Fund
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 5
U.S.C. 3109, and hire of passenger motor vehicles, $165,000,000, to
remain available until expended.
Defense Nuclear Facilities Safety Board
salaries and expenses
For necessary expenses of the Defense Nuclear Facilities Safety
Board in 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
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), $500,000.
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), $342,000.
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),
$508,000.
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 5 U.S.C. 3109; 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,
$471,800,000, to remain available until expended: Provided, That of the
amount appropriated herein, $11,000,000 shall be derived from the
Nuclear Waste Fund, subject to the authorization required in this bill
under the heading, ``Nuclear Waste Disposal Fund'': Provided further,
That from this appropriation, transfer of sums may be made to other
agencies of the Government for the performance of the work for which
this appropriation is made, and in such cases the sums so transferred
may be merged with the appropriation to which transferred: Provided
further, That moneys received by the 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 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 1997 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 funds herein appropriated for regulatory reviews and
other activities pertaining to waste stored at the Hanford site,
Washington, shall be excluded from license fee revenues,
notwithstanding 42 U.S.C. 2214: Provided further, That the sum herein
appropriated shall be reduced by the amount of revenues received during
fiscal year 1997 from 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 1997 appropriation estimated at not more than
$14,500,000.
Office of Inspector General
(including transfer of funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, including services authorized by 5 U.S.C. 3109, $5,000,000, to
remain available until expended; and in addition, an amount not to
exceed 5 percent of this sum may be transferred from Salaries and
Expenses, Nuclear Regulatory Commission: 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 1997 from licensing fees, inspection services, and other
services and collections, so as to result in a final fiscal year 1997
appropriation estimated at not more than $0.
Nuclear Waste Technical Review Board
salaries and expenses
For necessary expenses of the Nuclear Waste Technical Review Board,
as authorized by Public Law 100-203, section 5051, $2,531,000, to be
transferred from the Nuclear Waste Fund and to remain available until
expended.
Susquehanna River Basin Commission
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), $300,000.
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), $322,000.
Tennessee Valley Authority
For the purpose of carrying out the provisions of the Tennessee
Valley Authority Act of 1933, as amended (16 U.S.C. ch. 12A), including
hire, maintenance, and operation of aircraft, and purchase and hire of
passenger motor vehicles, $113,000,000, to remain available until
expended: Provided, That of the funds provided herein, not more than
$20,000,000 shall be made available for the Environmental Research
Center in Muscle Shoals, Alabama: Provided further, That of the funds
provided herein, not more than $8,000,000 shall be made available for
operation, maintenance, improvement, and surveillance of Land Between
the Lakes: Provided further, That of the amount provided herein, not
more than $9,000,000 shall be available for Economic Development
activities: Provided further, That none of the funds provided herein,
shall be available for detailed engineering and design or constructing
a replacement for Chickamauga Lock and Dam on the Tennessee River
System.
TITLE V
GENERAL PROVISIONS
Sec. 501. (a) Purchase of American-Made Equipment and Products.--It
is the sense of the Congress that, to the greatest extent practicable,
all equipment 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. 502. The Secretary of the Interior shall extend the
construction repayment and water service contracts for the following
projects, entered into by the Secretary of the Interior under
subsections (d) and (e) of section 9 of the Reclamation Project Act of
1939 (43 U.S.C. 485h) and section 9(c) of the Act of December 22, 1944
(58 Stat. 891, chapter 665), for a period of 1 additional year after
the dates on which each of the contracts, respectively, would expire
but for this section:
(1) The Bostwick District (Kansas portion), Missouri River
Basin Project, consisting of the project constructed and
operated under the Act of December 22, 1944 (58 Stat. 887,
chapter 665), as a component of the Pick-Sloan Missouri Basin
Program, situated in Republic County, Jewell County, and Cloud
County, Kansas.
(2) The Bostwick District (Nebraska portion), Missouri
River Basin Project, consisting of the project constructed and
operated under the Act of December 22, 1944 (58 Stat. 887,
chapter 665), as a component of the Pick-Sloan Missouri Basin
Program, situated in Harlan County, Franklin County, Webster
County, and Nuckolls County, Nebraska.
(3) The Frenchman-Cambridge District, Missouri River Basin
Project, consisting of the project constructed and operated
under the Act of December 22, 1944 (58 Stat. 887, chapter 665),
as a component of the Pick-Sloan Missouri Basin Program,
situated in Chase County, Frontier County, Hitchcock County,
Furnas County, and Harlan County, Nebraska.
Sec. 503. Notwithstanding the provisions of 31 U.S.C., funds made
available by this Act to the Department of Energy shall be available
only for the purposes for which they have been made available by this
Act. The Department of Energy shall report monthly to the Committees on
Appropriations of the House and Senate on the Department of Energy's
adherence to the recommendations included in the accompanying report.
Sec. 504. Following section 4(g)(3) of the Northwest Power Planning
and Conservation Act, insert the following new section:
``(4)(g)(4) Independent scientific review panel.--(i) The Northwest
Power Planning Council (Council) shall appoint an Independent
Scientific Review Panel (Panel), which shall be comprised of eleven
members, to review projects proposed to be funded through that portion
of the Bonneville Power Administration's (BPA) annual fish and wildlife
budget that implements the Council's annual fish and wildlife program.
Members shall be appointed from a list submitted by the National
Academy of Sciences: Provided, That Pacific Northwest scientists with
expertise in Columbia River anadromous and non-anadromous fish and
wildlife and ocean experts shall be among those represented on the
Panel.
``(ii) Scientific peer review groups.--The Council shall establish
Scientific Peer Review Groups (Peer Review Groups), which shall be
comprised of the appropriate number of scientists, from a list
submitted by the National Academy of Sciences to assist the Panel in
making its recommendations to the Council for projects to be funded
through BPA's annual fish and wildlife budget: Provided, That Pacific
Northwest scientists with expertise in Columbia River anadromous and
non-anadromous fish and wildlife and ocean experts shall be among those
represented on the Peer Review Groups.
``(iii) Conflict of interest and compensation.--Panel and Peer
Review Group members may be compensated and shall be considered as
special government employees subject to 45 CFR 684.10 through 684.22.
``(iv) Project criteria and review.--The Peer Review Groups, in
conjunction with the Panel, shall review projects proposed to be funded
through BPA's annual fish and wildlife budget and make recommendations
on matters related to such projects, to the Council. Project
recommendations shall be based on a determination that projects are
based on sound science principles; benefit fish and wildlife; and have
a clearly defined objective and outcome with provisions for monitoring
and evaluation of results. The Panel, with assistance from the Peer
Review Groups, shall review, on an annual basis, the results of prior
year expenditures based upon these criteria and submit its findings to
the Council for its review.
``(v) Public review.--Upon completion of the review of projects to
be funded through BPA's annual fish and wildlife budget, the Peer
Review Groups shall submit their findings to the Panel. The Panel shall
analyze the information submitted by the Peer Review Groups and submit
recommendations on project priorities to the Council. The Council shall
make the Panel's findings available to the public and subject to public
comment.
``(vi) Responsibilities of the council.--The Council shall fully
consider the recommendations of the Panel when making its final
recommendations of projects to be funded through BPA's annual fish and
wildlife budget, and if the Council does not incorporate a
recommendation of the Panel, the Council shall explain in writing its
reasons for not accepting Panel recommendations. In making its
recommendations to BPA, the Council shall: consider the impact of ocean
conditions on fish and wildlife populations; and shall determine
whether the projects employ cost effective measures to achieve project
objectives. The Council, after consideration of the recommendations of
the Panel and other appropriate entities shall be responsible for
making the final recommendations of projects to be funded through BPA's
annual fish and wildlife budget.
``(vii) Cost limitation.--The cost of this provision shall not
exceed $2,000,000 in 1997 dollars.
``(viii) Expiration.--This paragraph shall expire on September 30,
2000.''.
SEC. 505. OPPORTUNITY FOR REVIEW AND COMMENT BY STATE OF OREGON ON
CERTAIN REMEDIAL ACTIONS AT HANFORD RESERVATION,
WASHINGTON.
(a) Opportunity.--(1) Subject to subsection (b), the Site Manager
at the Hanford Reservation, Washington, shall, in consultation with the
signatories to the Tri-Party Agreement, provide the State of Oregon an
opportunity to review and comment upon any information the Site Manager
provides the State of Washington under the Hanford Tri-Party Agreement
if the agreement provides for the review and comment upon such
information by the State of Washington.
(2) In order to facilitate the review and comment of the State of
Oregon under paragraph (1), the Site Manager shall provide information
referred to in that paragraph to the State of Oregon at the same time,
or as soon thereafter as is practicable, that the Site Manager provides
such information to the State of Washington.
(b) Construction.--This section may not be construed--
(1) to require the Site Manager to provide the State of
Oregon sensitive information on enforcement under the Tri-Party
Agreement or information on the negotiation, dispute
resolution, or State cost recovery provisions of the agreement;
(2) to require the Site Manager to provide confidential
information on the budget or procurement at Hanford under terms
other than those provided in the Tri-Party Agreement for the
transmission of such confidential information to the State of
Washington;
(3) to authorize the State of Oregon to participate in
enforcement actions, dispute resolution, or negotiation
actions, conducted under the provisions of the Tri-Party
Agreement;
(4) to authorize any delay in the implementation of
remedial, environmental management, or other programmatic
activities at Hanford; or
(5) to obligate the Department of Energy to provide
additional funds to the State of Oregon.''.
SEC. 506. SENSE OF THE SENATE, HANFORD MEMORANDUM OF UNDERSTANDING.
It is the Sense of the Senate that--
(1) the State of Oregon has the authority to enter into a
memorandum of understanding with the State of Washington, or a
memorandum of understanding with the State of Washington and
the Site Manager of the Hanford Reservation, Washington, in
order to address issues of mutual concern to such States
regarding the Hanford Reservation; and
(2) such agreements are not expected to create any
additional obligation of the Department of Energy to provide
funds to the State of Oregon.
SEC. 507. CORPUS CHRISTI EMERGENCY DROUGHT RELIEF.
For the purpose of providing emergency drought relief, the
Secretary of the Interior shall defer all principal and interest
payments without penalty or accrued interest for a period of one year
for the city of Corpus Christi, Texas, and the Nueces River Authority
under contract No. 6-07-01-X0675 involving the Nueces River Reclamation
Project, Texas.
SEC. 508. CANADIAN RIVER MUNICIPAL WATER AUTHORITY EMERGENCY DROUGHT
RELIEF.
The Secretary shall defer all principal and interest payments
without penalty or accrued interest for a period of one year for the
Canadian River Municipal Water Authority under contract No. 14-06-500-
485 as emergency drought relief to enable construction of additional
water supply and conveyance facilities.
SEC. 509. INTERSTATE TRANSPORTATION OF MUNICIPAL SOLID WASTE.
(a) Interstate Waste.--
(1) Interstate transportation of municipal solid waste.--
(A) Amendment.--Subtitle D of the Solid Waste
Disposal Act (42 U.S.C. 6941 et seq.) is amended by
adding at the end the following new section:
``SEC. 4011. INTERSTATE TRANSPORTATION OF MUNICIPAL SOLID WASTE.
``(a) Authority To Restrict Out-of-State Municipal Solid Waste.--
(1) Except as provided in paragraph (4), immediately upon the date of
enactment of this section if requested in writing by an affected local
government, a Governor may prohibit the disposal of out-of-State
municipal solid waste in any landfill or incinerator that is not
covered by the exceptions provided in subsection (b) and that is
subject to the jurisdiction of the Governor and the affected local
government.
``(2) Except as provided in paragraph (4), immediately upon the
date of publication of the list required in paragraph (6)(C) and
notwithstanding the absence of a request in writing by the affected
local government, a Governor, in accordance with paragraph (5), may
limit the quantity of out-of-State municipal solid waste received for
disposal at each landfill or incinerator covered by the exceptions
provided in subsection (b) that is subject to the jurisdiction of the
Governor, to an annual amount equal to or greater than the quantity of
out-of-State municipal solid waste received for disposal at such
landfill or incinerator during calendar year 1993.
``(3)(A) Except as provided in paragraph (4), any State that
imported more than 750,000 tons of out-of-State municipal solid waste
in 1993 may establish a limit under this paragraph on the amount of
out-of-State municipal solid waste received for disposal at landfills
and incinerators in the importing State as follows:
``(i) In calendar year 1996, 95 percent of the amount
exported to the State in calendar year 1993.
``(ii) In calendar years 1997 through 2002, 95 percent of
the amount exported to the State in the previous year.
``(iii) In calendar year 2003, and each succeeding year,
the limit shall be 65 percent of the amount exported in 1993.
``(iv) No exporting State shall be required under this
subparagraph to reduce its exports to any importing State below
the proportionate amount established herein.
``(B)(i) No State may export to landfills or incinerators in any 1
State that are not covered by host community agreements or permits
authorizing receipt of out-of-State municipal solid waste more than the
following amounts of municipal solid waste:
``(I) In calendar year 1996, the greater of 1,400,000 tons
or 90 percent of the amount exported to the State in calendar
year 1993.
``(II) In calendar year 1997, the greater of 1,300,000 tons
or 90 percent of the amount exported to the State in calendar
year 1996.
``(III) In calendar year 1998, the greater of 1,200,000
tons or 90 percent of the amount exported to the State in
calendar year 1997.
``(IV) In calendar year 1999, the greater of 1,100,000 tons
or 90 percent of the amount exported to the State in calendar
year 1998.
``(V) In calendar year 2000, 1,000,000 tons.
``(VI) In calendar year 2001, 750,000 tons.
``(VII) In calendar year 2002 or any calendar year
thereafter, 550,000 tons.
``(ii) The Governor of an importing State may take action to
restrict levels of imports to reflect the appropriate level of out-of-
State municipal solid waste imports if--
``(I) the Governor of the importing State has notified the
Governor of the exporting State and the Administrator, 12
months prior to taking any such action, of the importing
State's intention to impose the requirements of this section;
``(II) the Governor of the importing State has notified the
Governor of the exporting State and the Administrator of the
violation by the exporting State of this section at least 90
days prior to taking any such action; and
``(III) the restrictions imposed by the Governor of the
importing State are uniform at all facilities and the Governor
of the importing State may only apply subparagraph (A) or (B)
but not both.
``(C) The authority provided by subparagraphs (A) and (B) shall
apply for as long as a State exceeds the permissible levels as
determined by the Administrator under paragraph (6)(C).
``(4)(A) A Governor may not exercise the authority granted under
this section if such action would result in the violation of, or would
otherwise be inconsistent with, the terms of a host community agreement
or a permit issued from the State to receive out-of-State municipal
solid waste.
``(B) Except as provided in paragraph (3), a Governor may not
exercise the authority granted under this section in a manner that
would require any owner or operator of a landfill or incinerator
covered by the exceptions provided in subsection (b) to reduce the
amount of out-of-State municipal solid waste received from any State
for disposal at such landfill or incinerator to an annual quantity less
than the amount received from such State for disposal at such landfill
or incinerator during calendar year 1993.
``(5) Any limitation imposed by a Governor under paragraph (2) or
(3)--
``(A) shall be applicable throughout the State;
``(B) shall not directly or indirectly discriminate against
any particular landfill or incinerator within the State; and
``(C) shall not directly or indirectly discriminate against
any shipments of out-of-State municipal solid waste on the
basis of place of origin and all such limitations shall be
applied to all States in violation of paragraph (3).
``(6) Annual state report.--
``(A) In general.--Within 90 days after enactment of this
section and on April 1 of each year thereafter the owner or
operator of each landfill or incinerator receiving out-of-State
municipal solid waste shall submit to the affected local
government and to the Governor of the State in which the
landfill or incinerator is located, information specifying the
amount and State of origin of out-of-State municipal solid
waste received for disposal during the preceding calendar year,
and the amount of waste that was received pursuant to host
community agreements or permits authorizing receipt of out-of-
State municipal solid waste. Within 120 days after enactment of
this section and on May 1 of each year thereafter each State
shall publish and make available to the Administrator, the
Governor of the State of origin and the public, a report
containing information on the amount of out-of-State municipal
solid waste received for disposal in the State during the
preceding calendar year.
``(B) Contents.--Each submission referred to in this
section shall be such as would result in criminal penalties in
case of false or misleading information. Such information shall
include the amount of waste received, the State of origin, the
identity of the generator, the date of the shipment, and the
type of out-of-State municipal solid waste. States making
submissions referred to in this section to the Administrator
shall notice these submissions for public review and comment at
the State level before submitting them to the Administrator.
``(C) List.--The Administrator shall publish a list of
importing States and the out-of-State municipal solid waste
received from each State at landfills or incinerators not
covered by host community agreements or permits authorizing
receipt of out-of-State municipal solid waste. The list for any
calendar year shall be published by June 1 of the following
calendar year.
For purposes of developing the list required in this section, the
Administrator shall be responsible for collating and publishing only
that information provided to the Administrator by States pursuant to
this section. The Administrator shall not be required to gather
additional data over and above that provided by the States pursuant to
this section, nor to verify data provided by the States pursuant to
this section, nor to arbitrate or otherwise entertain or resolve
disputes between States or other parties concerning interstate
movements of municipal solid waste. Any actions by the Administrator
under this section shall be final and not subject to judicial review.
``(D) Savings provision.--Nothing in this subsection shall
be construed to preempt any State requirement that requires
more frequent reporting of information.
``(7) Any affected local government that intends to submit a
request under paragraph (1) or take formal action to enter into a host
community agreement after the date of enactment of this subsection
shall, prior to taking such action--
``(A) notify the Governor, contiguous local governments,
and any contiguous Indian tribes;
``(B) publish notice of the action in a newspaper of
general circulation at least 30 days before taking such action;
``(C) provide an opportunity for public comment; and
``(D) following notice and comment, take formal action on
any proposed request or action at a public meeting.
``(8) Any owner or operator seeking a host community agreement
after the date of enactment of this subsection shall provide to the
affected local government the following information, which shall be
made available to the public from the affected local government:
``(A) A brief description of the planned facility,
including a description of the facility size, ultimate waste
capacity, and anticipated monthly and yearly waste quantities
to be handled.
``(B) A map of the facility site that indicates the
location of the facility in relation to the local road system
and topographical and hydrological features and any buffer
zones and facility units to be acquired by the owner or
operator of the facility.
``(C) A description of the existing environmental
conditions at the site, and any violations of applicable laws
or regulations.
``(D) A description of environmental controls to be
utilized at the facility.
``(E) A description of the site access controls to be
employed, and roadway improvements to be made, by the owner or
operator, and an estimate of the timing and extent of increased
local truck traffic.
``(F) A list of all required Federal, State, and local
permits.
``(G) Any information that is required by State or Federal
law to be provided with respect to any violations of
environmental laws (including regulations) by the owner and
operator, the disposition of enforcement proceedings taken with
respect to the violations, and corrective measures taken as a
result of the proceedings.
``(H) Any information that is required by State or Federal
law to be provided with respect to compliance by the owner or
operator with the State solid waste management plan.
``(b) Exceptions to Authority To Prohibit Out-of-State Municipal
Solid Waste.--(1) The authority to prohibit the disposal of out-of-
State municipal solid waste provided under subsection (a)(1) shall not
apply to landfills and incinerators in operation on the date of
enactment of this section that--
``(A) received during calendar year 1993 documented
shipments of out-of-State municipal solid waste; and
``(B)(i) in the case of landfills, are in compliance with
all applicable Federal and State laws and regulations relating
to operation, design and location standards, leachate
collection, ground water monitoring, and financial assurance
for closure and post-closure and corrective action; or
``(ii) in the case of incinerators, are in compliance with
the applicable requirements of section 129 of the Clean Air Act
(42 U.S.C. 7429) and applicable State laws and regulations
relating to facility design and operations.
``(2) A Governor may not prohibit the disposal of out-of-State
municipal solid waste pursuant to subsection (a)(1) at facilities
described in this subsection that are not in compliance with applicable
Federal and State laws and regulations unless disposal of municipal
solid waste generated within the State at such facilities is also
prohibited.
``(c) Additional Authority To Limit Out-of-State Municipal Solid
Waste.--(1) In any case in which an affected local government is
considering entering into, or has entered into, a host community
agreement and the disposal or incineration of out-of-State municipal
solid waste under such agreement would preclude the use of municipal
solid waste management capacity described in paragraph (2), the
Governor of the State in which the affected local government is located
may prohibit the execution of such host community agreement with
respect to that capacity.
``(2) The municipal solid waste management capacity referred to in
paragraph (1) is that capacity--
``(A) that is permitted under Federal or State law;
``(B) that is identified under the State plan; and
``(C) for which a legally binding commitment between the
owner or operator and another party has been made for its use
for disposal or incineration of municipal solid waste generated
within the region (identified under section 4006(a)) in which
the local government is located.
``(d) Cost Recovery Surcharge.--
``(1) Authority.--A State described in paragraph (2) may
adopt a law and impose and collect a cost recovery charge on
the processing or disposal of out-of-State municipal solid
waste in the State in accordance with this subsection.
``(2) Applicability.--The authority to impose a cost
recovery surcharge under this subsection applies to any State
that on or before April 3, 1994, imposed and collected a
special fee on the processing or disposal of out-of-State
municipal solid waste pursuant to a State law.
``(3) Limitation.--No such State may impose or collect a
cost recovery surcharge from a facility on any out-of-State
municipal solid waste that is being received at the facility
under 1 or more contracts entered into after April 3, 1994, and
before the date of enactment of this section.
``(4) Amount of surcharge.--The amount of the cost recovery
surcharge may be no greater than the amount necessary to
recover those costs determined in conformance with paragraph
(6) and in no event may exceed $1.00 per ton of waste.
``(5) Use of surcharge collected.--All cost recovery
surcharges collected by a State covered by this subsection
shall be used to fund those solid waste management programs
administered by the State or its political subdivision that
incur costs for which the surcharge is collected.
``(6) Conditions.--(A) Subject to subparagraphs (B) and
(C), a State covered by this subsection may impose and collect
a cost recovery surcharge on the processing or disposal within
the State of out-of-State municipal solid waste if--
``(i) the State demonstrates a cost to the State
arising from the processing or disposal within the
State of a volume of municipal solid waste from a
source outside the State;
``(ii) the surcharge is based on those costs to the
State demonstrated under clause (i) that, if not paid
for through the surcharge, would otherwise have to be
paid or subsidized by the State; and
``(iii) the surcharge is compensatory and is not
discriminatory.
``(B) In no event shall a cost recovery surcharge be
imposed by a State to the extent that the cost for which
recovery is sought is otherwise paid, recovered, or offset by
any other fee or tax paid to the State or its political
subdivision or to the extent that the amount of the surcharge
is offset by voluntarily agreed payments to a State or its
political subdivision in connection with the generation,
transportation, treatment, processing, or disposal of solid
waste.
``(C) The grant of a subsidy by a State with respect to
entities disposing of waste generated within the State does not
constitute discrimination for purposes of subparagraph
(A)(iii).
``(7) Definitions.--As used in this subsection:
``(A) The term `costs' means the costs incurred by
the State for the implementation of its laws governing
the processing or disposal of municipal solid waste,
limited to the issuance of new permits and renewal of
or modification of permits, inspection and compliance
monitoring, enforcement, and costs associated with
technical assistance, data management, and collection
of fees.
``(B) The term `processing' means any activity to
reduce the volume of solid waste or alter its chemical,
biological or physical state, through processes such as
thermal treatment, bailing, composting, crushing,
shredding, separation, or compaction.
``(e) Savings Clause.--Nothing in this section shall be interpreted
or construed--
``(1) to have any effect on State law relating to
contracts; or
``(2) to affect the authority of any State or local
government to protect public health and the environment through
laws, regulations, and permits, including the authority to
limit the total amount of municipal solid waste that landfill
or incinerator owners or operators within the jurisdiction of a
State may accept during a prescribed period: Provided That such
limitations do not discriminate between in-State and out-of-
State municipal solid waste, except to the extent authorized by
this section.
``(f) Definitions.--As used in this section:
``(1)(A) The term `affected local government', used with
respect to a landfill or incinerator, means--
``(i) the public body created by State law with
responsibility to plan for municipal solid waste
management, a majority of the members of which are
elected officials, for the area in which the facility
is located or proposed to be located; or
``(ii) the elected officials of the city, town,
township, borough, county, or parish exercising primary
responsibility over municipal solid waste management or
the use of land in the jurisdiction in which the
facility is located or is proposed to be located.
``(B)(i) Within 90 days after the date of enactment of this
section, a Governor may designate and publish notice of which
entity listed in clause (i) or (ii) of subparagraph (A) shall
serve as the affected local government for actions taken under
this section and after publication of such notice.
``(ii) If a Governor fails to make and publish notice of
such a designation, the affected local government shall be the
elected officials of the city, town, township, borough, county,
parish, or other public body created pursuant to State law with
primary jurisdiction over the land or the use of land on which
the facility is located or is proposed to be located.
``(C) For purposes of host community agreements entered
into before the date of publication of the notice, the term
means either a public body described in subparagraph (A)(i) or
the elected officials of any of the public bodies described in
subparagraph (A)(ii).
``(2) Host community agreement.--The term `host community
agreement' means a written, legally binding document or
documents executed by duly authorized officials of the affected
local government that specifically authorizes a landfill or
incinerator to receive municipal solid waste generated out of
State, but does not include any agreement to pay host community
fees for receipt of waste unless additional express
authorization to receive out-of-State waste is also included.
``(3) The term `out-of-State municipal solid waste' means,
with respect to any State, municipal solid waste generated
outside of the State. Unless the President determines it is
inconsistent with the North American Free Trade Agreement and
the General Agreement on Tariffs and Trade, the term shall
include municipal solid waste generated outside of the United
States. Notwithstanding any other provision of law, generators
of municipal solid waste outside the United States shall
possess no greater right of access to disposal facilities in a
State than United States generators of municipal solid waste
outside of that State.
``(4) The term `municipal solid waste' means refuse (and
refuse-derived fuel) generated by the general public or from a
residential, commercial, institutional, or industrial source
(or any combination thereof), consisting of paper, wood, yard
wastes, plastics, leather, rubber, or other combustible or
noncombustible materials such as metal or glass (or any
combination thereof). The term `municipal solid waste' does not
include--
``(A) any solid waste identified or listed as a
hazardous waste under section 3001;
``(B) any solid waste, including contaminated soil
and debris, resulting from a response action taken
under section 104 or 106 of the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9604 or 9606) or a corrective action
taken under this Act;
``(C) any metal, pipe, glass, plastic, paper,
textile, or other material that has been separated or
diverted from municipal solid waste (as otherwise
defined in this paragraph) and has been transported
into a State for the purpose of recycling or
reclamation;
``(D) any solid waste that is--
``(i) generated by an industrial facility;
and
``(ii) transported for the purpose of
treatment, storage, or disposal to a facility
that is owned or operated by the generator of
the waste, or is located on property owned by
the generator of the waste, or is located on
property owned by a company in which the
generator of the waste has an ownership
interest;
``(E) any solid waste generated incident to the
provision of service in interstate, intrastate,
foreign, or overseas air transportation;
``(F) any industrial waste that is not identical to
municipal solid waste (as otherwise defined in this
paragraph) with respect to the physical and chemical
state of the industrial waste, and composition,
including construction and demolition debris;
``(G) any medical waste that is segregated from or
not mixed with municipal solid waste (as otherwise
defined in this paragraph); or
``(H) any material or product returned from a
dispenser or distributor to the manufacturer for
credit, evaluation, or possible reuse.
``(5) The term `compliance' means a pattern or practice of
adhering to and satisfying standards and requirements
promulgated by the Federal or a State government for the
purpose of preventing significant harm to human health and the
environment. Actions undertaken in accordance with compliance
schedules for remediation established by Federal or State
enforcement authorities shall be considered compliance for
purposes of this section.
``(6) The terms `specifically authorized' and `specifically
authorizes' refer to an explicit authorization, contained in a
host community agreement or permit, to import waste from
outside the State. Such authorization may include a reference
to a fixed radius surrounding the landfill or incinerator that
includes an area outside the State or a reference to any place
of origin, reference to specific places outside the State, or
use of such phrases as `regardless of origin' or `outside the
State'. The language for such authorization may vary as long as
it clearly and affirmatively states the approval or consent of
the affected local government or State for receipt of municipal
solid waste from sources outside the State.
``(g) Implementation and Enforcement.--Any State may adopt such
laws and regulations, not inconsistent with this section, as are
necessary to implement and enforce this section, including provisions
for penalties.''.
(B) Table of contents amendment.--The table of
contents in section 1001 of the Solid Waste Disposal
Act (42 U.S.C. prec. 6901) is amended by adding at the
end of the items relating to subtitle D the following
new item:
``Sec. 4011. Interstate transportation of municipal solid waste.''.
(2) Needs determination.--The Governor of a State may
accept, deny or modify an application for a municipal solid
waste management facility permit if--
(A) it is done in a manner that is not inconsistent
with the provisions of this section;
(B) a State law enacted in 1990 and a regulation
adopted by the governor in 1991 specifically requires
the permit applicant to demonstrate that there is a
local or regional need within the State for the
facility; and
(C) the permit applicant fails to demonstrate that
there is a local or regional need within the State for
the facility.
(b) Flow Control.--
(1) State and local government control of movement of
municipal solid waste and recyclable material.--Subtitle D of
the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.), as
amended by subsection (a)(1)(A), is amended by adding after
section 4011 the following new section:
``SEC. 4012. STATE AND LOCAL GOVERNMENT CONTROL OF MOVEMENT OF
MUNICIPAL SOLID WASTE AND RECYCLABLE MATERIAL.
``(a) Definitions.--In this section:
``(1) Designate; designation.--The terms `designate' and
`designation' refer to an authorization by a State, political
subdivision, or public service authority, and the act of a
State, political subdivision, or public service authority in
requiring or contractually committing, that all or any portion
of the municipal solid waste or recyclable material that is
generated within the boundaries of the State, political
subdivision, or public service authority be delivered to waste
management facilities or facilities for recyclable material or
a public service authority identified by the State, political
subdivision, or public service authority.
``(2) Flow control authority.--The term `flow control
authority' means the authority to control the movement of
municipal solid waste or voluntarily relinquished recyclable
material and direct such solid waste or voluntarily
relinquished recyclable material to a designated waste
management facility or facility for recyclable material.
``(3) Municipal solid waste.--The term `municipal solid
waste' means--
``(A) solid waste generated by the general public
or from a residential, commercial, institutional, or
industrial source, consisting of paper, wood, yard
waste, plastics, leather, rubber, and other combustible
material and noncombustible material such as metal and
glass, including residue remaining after recyclable
material has been separated from waste destined for
disposal, and including waste material removed from a
septic tank, septage pit, or cesspool (other than from
portable toilets); but
``(B) does not include--
``(i) waste identified or listed as a
hazardous waste under section 3001 of this Act
or waste regulated under the Toxic Substances
Control Act (15 U.S.C. 2601 et seq.);
``(ii) waste, including contaminated soil
and debris, resulting from a response action
taken under section 104 or 106 of the
Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42
U.S.C. 9604, 9606) or any corrective action
taken under this Act;
``(iii) medical waste listed in section
11002;
``(iv) industrial waste generated by
manufacturing or industrial processes,
including waste generated during scrap
processing and scrap recycling;
``(v) recyclable material; or
``(vi) sludge.
``(4) Public service authority.--The term `public service
authority' means--
``(A) an authority or authorities created pursuant
to State legislation to provide individually or in
combination solid waste management services to
political subdivisions;
``(B) other body created pursuant to State law; or
``(C) an authority that was issued a certificate of
incorporation by a State corporation commission
established by a State constitution.
``(5) Put or pay agreement.--(A) The term `put or pay
agreement' means an agreement that obligates or otherwise
requires a State or political subdivision to--
``(i) deliver a minimum quantity of municipal solid
waste to a waste management facility; and
``(ii) pay for that minimum quantity of municipal
solid waste even if the stated minimum quantity of
municipal solid waste is not delivered within a
required period of time.
``(B) For purposes of the authority conferred by
subsections (b) and (c), the term `legally binding provision of
the State or political subdivision' includes a put or pay
agreement that designates waste to a waste management facility
that was in operation on or before December 31, 1988 and that
requires an aggregate tonnage to be delivered to the facility
during each operating year by the political subdivisions which
have entered put or pay agreements designating that waste
management facility.
``(C) The entering into of a put or pay agreement shall be
considered to be a designation (as defined in subsection
(a)(1)) for all purposes of this title.
``(6) Recyclable material.--The term `recyclable material'
means material that has been separated from waste otherwise
destined for disposal (at the source of the waste or at a
processing facility) or has been managed separately from waste
destined for disposal, for the purpose of recycling,
reclamation, composting of organic material such as food and
yard waste, or reuse (other than for the purpose of
incineration).
``(7) Waste management facility.--The term `waste
management facility' means a facility that collects, separates,
stores, transports, transfers, treats, processes, combusts, or
disposes of municipal solid waste.
``(b) Authority.--
``(1) In general.--Each State, political subdivision of a
State, and public service authority may exercise flow control
authority for municipal solid waste and for recyclable material
voluntarily relinquished by the owner or generator of the
material that is generated within its jurisdiction by directing
the municipal solid waste or recyclable material to a waste
management facility or facility for recyclable material, if
such flow control authority--
``(A)(i) had been exercised prior to May 15, 1994,
and was being implemented on May 15, 1994, pursuant to
a law, ordinance, regulation, or other legally binding
provision of the State or political subdivision; or
``(ii) had been exercised prior to May 15, 1994,
but implementation of such law, ordinance, regulation,
or other legally binding provision of the State or
political subdivision was prevented by an injunction,
temporary restraining order, or other court action, or
was suspended by the voluntary decision of the State or
political subdivision because of the existence of such
court action;
``(B) has been implemented by designating before
May 15, 1994, the particular waste management
facilities or public service authority to which the
municipal solid waste or recyclable material is to be
delivered, which facilities were in operation as of May
15, 1994, or were in operation prior to May 15, 1994
and were temporarily inoperative on May 15, 1994.
``(2) Limitation.--The authority of this section extends
only to the specific classes or categories of municipal solid
waste to which flow control authority requiring a movement to a
waste management facility was actually applied on or before May
15, 1994 (or, in the case of a State, political subdivision, or
public service authority that qualifies under subsection (c),
to the specific classes or categories of municipal solid waste
for which the State, political subdivision, or public service
authority prior to May 15, 1994, had committed to the
designation of a waste management facility).
``(3) Lack of clear identification.--With regard to
facilities granted flow control authority under subsection (c),
if the specific classes or categories of municipal solid waste
are not clearly identified, the authority of this section shall
apply only to municipal solid waste generated by households.
``(4) Duration of authority.--With respect to each
designated waste management facility, the authority of this
section shall be effective until the later of--
``(A) the end of the remaining life of a contract
between the State, political subdivision, or public
service authority and any other person regarding the
movement or delivery of municipal solid waste or
voluntarily relinquished recyclable material to a
designated facility (as in effect May 15, 1994);
``(B) completion of the schedule for payment of the
capital costs of the facility concerned (as in effect
May 15, 1994); or
``(C) the end of the remaining useful life of the
facility (as in existence on the date of enactment of
this section), as that remaining life may be extended
by--
``(i) retrofitting of equipment or the
making of other significant modifications to
meet applicable environmental requirements or
safety requirements;
``(ii) routine repair or scheduled
replacement of equipment or components that
does not add to the capacity of a waste
management facility; or
``(iii) expansion of the facility on land
that is--
``(I) legally or equitably owned,
or under option to purchase or lease,
by the owner or operator of the
facility; and
``(II) covered by the permit for
the facility (as in effect May 15,
1994).
``(5) Additional authority.--
``(A) Application of paragraph.--This paragraph
applies to a State or political subdivision of a State
that, on or before January 1, 1984--
``(i) adopted regulations under State law
that required the transportation to, and
management or disposal at, waste management
facilities in the State, of--
``(I) all solid waste from
residential, commercial, institutional,
or industrial sources (as defined under
State law); and
``(II) recyclable material
voluntarily relinquished by the owner
or generator of the recyclable
material; and
``(ii) as of January 1, 1984, had
implemented those regulations in the case of
every political subdivision of the State.
``(B) Authority.--Notwithstanding anything to the
contrary in this section (including subsection (m)), a
State or political subdivision of a State described in
subparagraph (A) may continue to exercise flow control
authority (including designation of waste management
facilities in the State that meet the requirements of
subsection (c)) for all classes and categories of solid
waste that were subject to flow control on January 1,
1984.
``(6) Flow control ordinance.--Notwithstanding anything to
the contrary in this section, but subject to subsection (m),
any political subdivision which adopted a flow control
ordinance in November 1991, and designated facilities to
receive municipal solid waste prior to April 1, 1992, may
exercise flow control authority until the end of the remaining
life of all contracts between the political subdivision and any
other persons regarding the movement or delivery of municipal
solid waste or voluntarily relinquished recyclable material to
a designated facility (as in effect May 15, 1994). Such
authority shall extend only to the specific classes or
categories of municipal solid waste to which flow control
authority was actually applied on or before May 15, 1994. The
authority under this subsection shall be exercised in
accordance with section 4012(b)(4).
``(c) Commitment to Construction.--
``(1) In general.--Notwithstanding subsection (b)(1) (A)
and (B), any political subdivision of a State may exercise flow
control authority under subsection (b), if--
``(A)(i) the law, ordinance, regulation, or other
legally binding provision specifically provides for
flow control authority for municipal solid waste
generated within its boundaries; and
``(ii) such authority was exercised prior to May
15, 1995, and was being implemented on May 15, 1994.
``(B) prior to May 15, 1994, the political
subdivision committed to the designation of the
particular waste management facilities or public
service authority to which municipal solid waste is to
be transported or at which municipal solid waste is to
be disposed of under that law, ordinance, regulation,
plan, or legally binding provision.
``(2) Factors demonstrating commitment.--A commitment to
the designation of waste management facilities or public
service authority is demonstrated by 1 or more of the following
factors:
``(A) Construction permits.--All permits required
for the substantial construction of the facility were
obtained prior to May 15, 1994.
``(B) Contracts.--All contracts for the substantial
construction of the facility were in effect prior to
May 15, 1994.
``(C) Revenue bonds.--Prior to May 15, 1994,
revenue bonds were presented for sale to specifically
provide revenue for the construction of the facility.
``(D) Construction and operating permits.--The
State or political subdivision submitted to the
appropriate regulatory agency or agencies, on or before
May 15, 1994, substantially complete permit
applications for the construction and operation of the
facility.
``(d) Formation of Solid Waste Management District To Purchase and
Operate Existing Facility.--Notwithstanding subsection (b)(1) (A) and
(B), a solid waste management district that was formed by a number of
political subdivisions for the purpose of purchasing and operating a
facility owned by 1 of the political subdivisions may exercise flow
control authority under subsection (b) if--
``(1) the facility was fully licensed and in operation
prior to May 15, 1994;
``(2) prior to April 1, 1994, substantial negotiations and
preparation of documents for the formation of the district and
purchase of the facility were completed;
``(3) prior to May 15, 1994, at least 80 percent of the
political subdivisions that were to participate in the solid
waste management district had adopted ordinances committing the
political subdivisions to participation and the remaining
political subdivisions adopted such ordinances within 2 months
after that date; and
``(3) the financing was completed, the acquisition was
made, and the facility was placed under operation by the solid
waste management district by September 21, 1994.
``(e) Constructed and Operated.--A political subdivision of a State
may exercise flow control authority for municipal solid waste and for
recyclable material voluntarily relinquished by the owner or generator
of the material that is generated within its jurisdiction if--
``(1) prior to May 15, 1994, the political subdivision--
``(A) contracted with a public service authority or
with its operator to deliver or cause to be delivered
to the public service authority substantially all of
the disposable municipal solid waste that is generated
or collected by or is within or under the control of
the political subdivision, in order to support revenue
bonds issued by and in the name of the public service
authority or on its behalf by a State entity for waste
management facilities; or
``(B) entered into contracts with a public service
authority or its operator to deliver or cause to be
delivered to the public service authority substantially
all of the disposable municipal solid waste that is
generated or collected by or within the control of the
political subdivision, which imposed flow control
pursuant to a law, ordinance, regulation, or other
legally binding provision and where outstanding revenue
bonds were issued in the name of public service
authorities for waste management facilities; and
``(2) prior to May 15, 1994, the public service authority--
``(A) issued the revenue bonds or had issued on its
behalf by a State entity for the construction of
municipal solid waste facilities to which the political
subdivision's municipal solid waste is transferred or
disposed; and
``(B) commenced operation of the facilities.
The authority under this subsection shall be exercised in accordance
with section 4012(b)(4).
``(f) State-Mandated Disposal Services.--A political subdivision of
a State may exercise flow control authority for municipal solid waste
and for recyclable material voluntarily relinquished by the owner or
generator of the material that is generated within its jurisdiction if,
prior to May 15, 1994, the political subdivision--
``(1) was responsible under State law for providing for the
operation of solid waste facilities to serve the disposal needs
of all incorporated and unincorporated areas of the county;
``(2) is required to initiate a recyclable materials
recycling program in order to meet a municipal solid waste
reduction goal of at least 30 percent;
``(3) has been authorized by State statute to exercise flow
control authority and had implemented the authority through the
adoption or execution of a law, ordinance, regulation,
contract, or other legally binding provision;
``(4) had incurred, or caused a public service authority to
incur, significant financial expenditures to comply with State
law and to repay outstanding bonds that were issued
specifically for the construction of solid waste management
facilities to which the political subdivision's waste is to be
delivered; and
``(5) the authority under this subsection shall be
exercised in accordance with section 4012(b)(4).
``(g) State Solid Waste District Authority.--A solid waste district
or a political subdivision of a State may exercise flow control
authority for municipal solid waste and for recyclable material
voluntarily relinquished by the owner or generator of the material that
is generated within its jurisdiction if--
``(1) the solid waste district, political subdivision or
municipality within said district is currently required to
initiate a recyclable materials recycling program in order to
meet a municipal solid waste reduction goal of at least 30
percent by the year 2005, and uses revenues generated by the
exercise of flow control authority strictly to implement
programs to manage municipal solid waste, other than
development of incineration; and
``(2) prior to May 15, 1994, the solid waste district,
political subdivision or municipality within said district--
``(A) was responsible under State law for the
management and regulation of the storage, collection,
processing, and disposal of solid wastes within its
jurisdiction;
``(B) was authorized by State statute (enacted
prior to January 1, 1992) to exercise flow control
authority, and subsequently adopted or sought to
exercise the authority through a law, ordinance,
regulation, regulatory proceeding, contract, franchise,
or other legally binding provision; and
``(C) was required by State statute (enacted prior
to January 1, 1992) to develop and implement a solid
waste management plan consistent with the State solid
waste management plan, and the district solid waste
management plan was approved by the appropriate State
agency prior to September 15, 1994.
``(h) State-Authorized Services and Local Plan Adoption.--A
political subdivision of a State may exercise flow control authority
for municipal solid waste and for recyclable material voluntarily
relinquished by the owner or generator of the material that is
generated within its jurisdiction if, prior to May 15, 1994, the
political subdivision--
``(1) had been authorized by State statute which
specifically named the political subdivision to exercise flow
control authority and had implemented the authority through a
law, ordinance, regulation, contract, or other legally binding
provision; and
``(2) had adopted a local solid waste management plan
pursuant to State statute and was required by State statute to
adopt such plan in order to submit a complete permit
application to construct a new solid waste management facility
proposed in such plan; and
``(3) had presented for sale a revenue or general
obligation bond to provide for the site selection, permitting,
or acquisition for construction of new facilities identified
and proposed in its local solid waste management plan; and
``(4) includes a municipality or municipalities required by
State law to adopt a local law or ordinance to require that
solid waste which has been left for collection shall be
separated into recyclable, reusable or other components for
which economic markets exist; and
``(5) is in a State that has aggressively pursued closure
of substandard municipal landfills, both by regulatory action
and under statute designed to protect deep flow recharge areas
in counties where potable water supplies are derived from sole
source aquifers.
``(i) Retained Authority.--
``(1) Request.--On the request of a generator of municipal
solid waste affected by this section, a State or political
subdivision may authorize the diversion of all or a portion of
the solid waste generated by the generator making the request
to an alternative solid waste treatment or disposal facility,
if the purpose of the request is to provide a higher level of
protection for human health and the environment or reduce
potential future liability of the generator under Federal or
State law for the management of such waste, unless the State or
political subdivision determines that the facility to which the
municipal solid waste is proposed to be diverted does not
provide a higher level of protection for human health and the
environment or does not reduce the potential future liability
of the generator under Federal or State law for the management
of such waste.
``(2) Contents.--A request under paragraph (1) shall
include information on the environmental suitability of the
proposed alternative treatment or disposal facility and method,
compared to that of the designated facility and method.
``(j) Limitations on Revenue.--A State or political subdivision may
exercise flow control authority under subsection (b), (c), (d), or (e)
only if the State or political subdivision certifies that the use of
any of its revenues derived from the exercise of that authority will be
used for solid waste management services or related landfill
reclamation.
``(k) Reasonable Regulation of Commerce.--A law, ordinance,
regulation, or other legally binding provision or official act of a
State or political subdivision, as described in subsection (b), (c),
(d), or (e), that implements flow control authority in compliance with
this section shall be considered to be a reasonable regulation of
commerce retroactive to its date of enactment or effective date and
shall not be considered to be an undue burden on or otherwise
considered as impairing, restraining, or discriminating against
interstate commerce.
``(l) Effect on Existing Laws and Contracts.--
``(1) Environmental laws.--Nothing in this section shall be
construed to have any effect on any other law relating to the
protection of human health and the environment or the
management of municipal solid waste or recyclable material.
``(2) State law.--Nothing in this section shall be
construed to authorize a political subdivision of a State to
exercise the flow control authority granted by this section in
a manner that is inconsistent with State law.
``(3) Ownership of recyclable material.--Nothing in this
section--
``(A) authorizes a State or political subdivision
of a State to require a generator or owner of
recyclable material to transfer recyclable material to
the State or political subdivision; or
``(B) prohibits a generator or owner of recyclable
material from selling, purchasing, accepting,
conveying, or transporting recyclable material for the
purpose of transformation or remanufacture into usable
or marketable material, unless the generator or owner
voluntarily made the recyclable material available to
the State or political subdivision and relinquished any
right to, or ownership of, the recyclable material.
``(m) Repeal.--(1) Notwithstanding any provision of this title,
authority to flow control by directing municipal solid waste or
recyclable materials to a waste management facility shall terminate on
the date that is 30 years after the date of enactment of this Act.
``(2) This section and the item relating to this section in the
table of contents for subtitle D of the Solid Waste Disposal Act are
repealed effective as of the date that is 30 years after the date of
enactment of this Act.
``(n) Title Not Applicable To Listed Facilities.--Notwithstanding
any other provision of this title, the authority to exercise flow
control shall not apply to any facility that--
``(1) on the date of enactment of this Act, is listed on
the National Priorities List under the Comprehensive
Environmental, Response, Compensation and Liability Act (42
U.S.C. 9601 et seq.); or
``(2) as of May 15, 1994, was the subject of a pending
proposal by the Administrator of the Environmental Protection
Agency to be listed on the National Priorities List.''.
(2) Table of contents amendment.--The table of contents for
subtitle D in section 1001 of the Solid Waste Disposal Act (42
U.S.C. prec. 6901), as amended by subsection (a)(1)(B), is
amended by adding after the item relating to section 4011 the
following new item:
``Sec. 4012. State and local government control of movement of
municipal solid waste and recyclable
material.''.
(c) Ground Water Monitoring.--
(1) Amendment of solid waste disposal act.--Section 4010(c)
of the Solid Waste Disposal Act (42 U.S.C. 6949a(c)) is
amended--
(A) by striking ``Criteria.--Not later'' and
inserting the following: ``Criteria.--
``(1) In general.--Not later''; and
(B) by adding at the end the following new
paragraph:
``(2) Additional revisions.--Subject to paragraph (2), the
requirements of the criteria described in paragraph (1)
relating to ground water monitoring shall not apply to an owner
or operator of a new municipal solid waste landfill unit, an
existing municipal solid waste landfill unit, or a lateral
expansion of a municipal solid waste landfill unit, that
disposes of less than 20 tons of municipal solid waste daily,
based on an annual average, if--
``(A) there is no evidence of ground water
contamination from the municipal solid waste landfill
unit or expansion; and
``(B) the municipal solid waste landfill unit or
expansion serves--
``(i) a community that experiences an
annual interruption of at least 3 consecutive
months of surface transportation that prevents
access to a regional waste management facility;
or
``(ii) a community that has no practicable
waste management alternative and the landfill
unit is located in an area that annually
receives less than or equal to 25 inches of
precipitation.
``(3) Protection of ground water resources.--
``(A) Monitoring requirement.--A State may require
ground water monitoring of a solid waste landfill unit
that would otherwise be exempt under paragraph (2) if
necessary to protect ground water resources and ensure
compliance with a State ground water protection plan,
where applicable.
``(B) Methods.--If a State requires ground water
monitoring of a solid waste landfill unit under
subparagraph (A), the State may allow the use of a
method other than the use of ground water monitoring
wells to detect a release of contamination from the
unit.
``(C) Corrective action.--If a State finds a
release from a solid waste landfill unit, the State
shall require corrective action as appropriate.
``(4) Alaska native villages.--Upon certification by the
Governor of the State of Alaska that application of the
requirements of the criteria described in paragraph (1) to a
solid waste landfill unit of a Native village (as defined in
section 3 of the Alaska Native Claims Settlement Act (16 U.S.C.
1602)) or unit that is located in or near a small, remote
Alaska village would be infeasible, or would not be cost-
effective, or is otherwise inappropriate because of the remote
location of the unit, the State may exempt the unit from some
or all of those requirements. This subsection shall apply only
to solid waste landfill units that dispose of less than 20 tons
of municipal solid waste daily, based on an annual average.
``(5) No-migration exemption.--
``(A) In general.--Ground water monitoring
requirements may be suspended by the Director of an
approved State for a landfill operator if the operator
demonstrates that there is no potential for migration
of hazardous constituents from the unit to the
uppermost aquifer during the active life of the unit
and the post-closure care period.
``(B) Certification.--A demonstration under
subparagraph (A) shall--
``(i) be certified by a qualified ground-
water scientist and approved by the Director of
an approved State.
``(C) Guidance.--Not later than 6 months after the
date of enactment of this paragraph, the Administrator
shall issue a guidance document to facilitate small
community use of the no migration exemption under this
paragraph.
``(6) Further revisions of guidelines and criteria.--Not
later than April 9, 1997, the Administrator shall promulgate
revisions to the guidelines and criteria promulgated under this
subchapter to allow States to promulgate alternate design,
operating, landfill gas monitoring, financial assurance, and
closure requirements for landfills which receive 20 tons or
less of municipal solid waste per day based on an annual
average: Provided That such alternate requirements are
sufficient to protect human health and the environment.''.
(2) Reinstatement of regulatory exemption.--It is the
intent of section 4010(c)(2) of the Solid Waste Disposal Act,
as added by paragraph (1), to immediately reinstate subpart E
of part 258 of title 40, Code of Federal Regulations, as added
by the final rule published at 56 Federal Register 50798 on
October 9, 1991.
(d) State or Regional Solid Waste Plans.--
(1) Finding.--Section 1002(a) of the Solid Waste Disposal
Act (42 U.S.C. 6901(a)) is amended--
(A) by striking the period at the end of paragraph
(4) and inserting ``; and''; and
(B) by adding at the end the following:
``(5) that the Nation's improved standard of living has
resulted in an increase in the amount of solid waste generated
per capita, and the Nation has not given adequate consideration
to solid waste reduction strategies.''.
(2) Objective of solid waste disposal act.--Section 1003(a)
of the Solid Waste Disposal Act (42 U.S.C. 6902(a)) is
amended--
(A) by striking ``and'' at the end of paragraph
(10);
(B) by striking the period at the end of paragraph
(11) and inserting ``; and''; and
(C) by adding at the end the following:
``(12) promoting local and regional planning for--
``(A) effective solid waste collection and
disposal; and
``(B) reducing the amount of solid waste generated
per capita through the use of solid waste reduction
strategies.''.
(3) National policy.--Section 1003(b) of the Solid Waste
Disposal Act (42 U.S.C. 6902(b)) is amended by inserting
``solid waste and'' after ``generation of''.
(4) Objective of subtitle d of solid waste disposal act.--
Section 4001 of the Solid Waste Disposal Act (42 U.S.C. 6941)
is amended by inserting ``promote local and regional planning
for effective solid waste collection and disposal and for
reducing the amount of solid waste generated per capita through
the use of solid waste reduction strategies, and'' after
``objectives of this subtitle are to''.
(5) Discretionary state plan provisions.--Section 4003 of
the Solid Waste Disposal Act (42 U.S.C. 6943) is amended by
adding at the end the following:
``(e) Discretionary Plan Provisions Relating to Solid Waste
Reduction Goals, Local and Regional Plans, and Issuance of Solid Waste
Management Permits.--Except as provided in section 4011(a)(4), a State
plan submitted under this subtitle may include, at the option of the
State, provisions for--
``(1) establishment of a State per capita solid waste
reduction goal, consistent with the goals and objectives of
this subtitle; and
``(2) establishment of a program that ensures that local
and regional plans are consistent with State plans and are
developed in accordance with sections 4004, 4005, and 4006.''.
(6) Procedure for development and implementation of state
plans.--Section 4006(b) of the Solid Waste Disposal Act (42
U.S.C. 6946(b)) is amended by inserting ``and discretionary
plan provisions'' after ``minimum requirements''.
(e) General Provisions.--
(1) Border studies.--
(A) Definitions.--In this paragraph:
(i) Administrator.--The term
``Administrator'' means the Administrator of
the Environmental Protection Agency.
(ii) Maquiladora.--The term ``maquiladora''
means an industry located in Mexico along the
border between the United States and Mexico.
(iii) Solid waste.--The term ``solid
waste'' has the meaning provided the term under
section 1004(27) of the Solid Waste Disposal
Act (42 U.S.C. 6903(27)).
(B) In general.--
(i) Study of solid waste management issues
associated with north american free trade
agreement.--As soon as practicable after the
date of enactment of this Act, the
Administrator is authorized to conduct a study
of solid waste management issues associated
with increased border use resulting from the
implementation of the North American Free Trade
Agreement.
(ii) Study of solid waste management issues
associated with united states-canada free-trade
agreement.--As soon as practicable after the
date of enactment of this Act, the
Administrator may conduct a similar study
focused on border traffic of solid waste
resulting from the implementation of the United
States-Canada Free-Trade Agreement, with
respect to the border region between the United
States and Canada.
(C) Contents of study.--A study conducted under
this paragraph shall provide for the following:
(i) A study of planning for solid waste
treatment, storage, and disposal capacity
(including additional landfill capacity) that
would be necessary to accommodate the
generation of additional household, commercial,
and industrial wastes by an increased
population along the border involved.
(ii) A study of the relative impact on
border communities of a regional siting of
solid waste storage and disposal facilities.
(iii) In the case of the study described in
subparagraph (B)(i), research concerning
methods of tracking of the transportation of--
(I) materials from the United
States to maquiladoras; and
(II) waste from maquiladoras to a
final destination.
(iv) In the case of the study described in
subparagraph (B)(i), a determination of the
need for solid waste materials safety training
for workers in Mexico and the United States
within the 100-mile zone specified in the First
Stage Implementation Plan Report for 1992-1994
of the Integrated Environmental Plan for the
Mexico-United States Border, issued by the
Administrator in February 1992.
(v) A review of the adequacy of existing
emergency response networks in the border
region involved, including the adequacy of
training, equipment, and personnel.
(vi) An analysis of solid waste management
practices in the border region involved,
including an examination of methods for
promoting source reduction, recycling, and
other alternatives to landfills.
(D) Sources of information.--In conducting a study
under this paragraph, the Administrator shall, to the
extent allowable by law, solicit, collect, and use the
following information:
(i) A demographic profile of border lands
based on census data prepared by the Bureau of
the Census of the Department of Commerce and,
in the case of the study described in
subparagraph (B)(i), census data prepared by
the Government of Mexico.
(ii) In the case of the study described in
subparagraph (B)(i), information from the
United States Customs Service of the Department
of the Treasury concerning solid waste
transported across the border between the
United States and Mexico, and the method of
transportation of the waste.
(iii) In the case of the study described in
subparagraph (B)(i), information concerning the
type and volume of materials used in
maquiladoras.
(iv)(I) Immigration data prepared by the
Immigration and Naturalization Service of the
Department of Justice.
(II) In the case of the study described in
subparagraph (B)(i), immigration data prepared
by the Government of Mexico.
(v) Information relating to the
infrastructure of border land, including an
accounting of the number of landfills,
wastewater treatment systems, and solid waste
treatment, storage, and disposal facilities.
(vi) A listing of each site in the border
region involved where solid waste is treated,
stored, or disposed of.
(vii) In the case of the study described in
subparagraph (B)(i), a profile of the
industries in the region of the border between
the United States and Mexico.
(E) Consultation and cooperation.--In carrying out
this paragraph, the Administrator shall consult with
the following entities in reviewing study activities:
(i) With respect to reviewing the study
described in subparagraph (B)(i), States and
political subdivisions of States (including
municipalities and counties) in the region of
the border between the United States and
Mexico.
(ii) The heads of other Federal agencies
(including the Secretary of the Interior, the
Secretary of Housing, the Secretary of Health
and Human Services, the Secretary of
Transportation, and the Secretary of Commerce)
and with respect to reviewing the study
described in subparagraph (B)(i), equivalent
officials of the Government of Mexico.
(F) Reports to congress.--On completion of the
studies under this paragraph, the Administrator shall,
not later than 2 years after the date of enactment of
this Act, submit to the appropriate committees of
Congress reports that summarize the findings of the
studies and propose methods by which solid waste border
traffic may be tracked, from source to destination, on
an annual basis.
(G) Border study delay.--The conduct of the study
described in subparagraph (B)(ii) shall not delay or
otherwise affect completion of the study described in
subparagraph (B)(i).
(H) Funding.--If any funding needed to conduct the
studies required by this paragraph is not otherwise
available, the president may transfer to the
administrator, for use in conducting the studies, any
funds that have been appropriated to the president
under section 533 of the North American Free Trade
Agreement Implementation Act (19 U.S.C. 3473) that are
in excess of the amount needed to carry out that
section. States that wish to participate in study will
be asked to contribute to the costs of the study. The
terms of the cost share shall be negotiated between the
Environmental Protection Agency and the State.''.
(2) Study of interstate hazardous waste transport.--
(A) Definition of hazardous waste.--In this
paragraph, the term ``hazardous waste'' has the meaning
provided in section 1004 of the Solid Waste Disposal
Act (42 U.S.C. 6903).
(B) Study.--not later than 3 years after the date
of enactment of this act, the administrator of the
environmental protection agency shall conduct a study,
and report to congress on the results of the study, to
determine--
(i) the quantity of hazardous waste that is
being transported across state lines; and
(ii) the ultimate disposition of the
transported waste.
(3) Study of interstate sludge transport.--
(A) Definitions.--In this paragraph:
(i) Sewage sludge.--The term ``sewage
sludge''--
(I) means solid, semisolid, or
liquid residue generated during the
treatment of domestic sewage in a
treatment works; and
(II) includes--
(i) domestic septage;
(ii) scum or a solid
removed in a primary,
secondary, or advanced
wastewater treatment process;
and
(iii) material derived from
sewage sludge (as otherwise
defined in this clause); but
(III) does not include--
(i) ash generated during
the firing of sewage sludge (as
otherwise defined in this
clause) in a sewage sludge
incinerator; or
(ii) grit or screenings
generated during preliminary
treatment of domestic sewage in
a treatment works.
(ii) Sludge.--The term ``sludge'' has the
meaning provided in section 1004 of the Solid
Waste Disposal Act (42 U.S.C. 6903).
(B) Study.--Not later than 3 years after the date
of enactment of this act, the administrator of the
environmental protection agency shall conduct a study,
and report to congress on the results of the study, to
determine--
(i) the quantity of sludge (including
sewage sludge) that is being transported across
state lines; and
(ii) the ultimate disposition of the
transported sludge.
SEC. 510. SENSE OF SENATE REGARDING UNITED STATES SEMICONDUCTOR TRADE
AGREEMENT.
(a) Findings.--
(1) The United States-Japan Semiconductor Trade Agreement
is set to expire on July 31, 1996;
(2) The Governments of the United States and Japan are
currently engaged in negotiations over the terms of a new
United States-Japan agreement on semiconductors;
(3) The President of the United States and the Prime
Minister of Japan agreed at the G-7 Summit in June that their
two governments should conclude a mutually acceptable outcome
of the semiconductor dispute by July 31, 1996, and that there
should be a continuing role for the two governments in the new
agreement;
(4) The current United States-Japan Semiconductor Trade
Agreement has put in place both government-to-government and
industry-to-industry mechanisms which have played a vital role
in allowing cooperation to replace conflict in this important
high technology sector such as by providing for joint
calculation of foreign market share in Japan, deterrence of
dumping, and promotion of industrial cooperation in the design-
in of foreign semiconductor devices;
(5) Despite the increased foreign share of the Japanese
semiconductor market since 1986, a gap still remains between
the share United States and other foreign semiconductor makers
are able to capture in the world market outside of Japan
through their competitiveness and the sales of these suppliers
in the Japanese market, and that gap is consistent across the
full range of semiconductor products as well as a full range of
end-use applications;
(6) The competitiveness and health of the United States
semiconductor industry is of critical importance to the United
States' overall economic well-being as well as the nation's
high technology defense capabilities;
(7) The economic interests of both the United States and
Japan are best served by well-functioning, open markets and
deterrence of dumping in all sectors, including semiconductors;
(8) The Government of Japan continues to oppose an
agreement that (A) ensures continued calculation of foreign
market share in Japan according to the formula set forth in the
current agreement, and (B) provides for continuation of current
measures to deter renewed dumping of semiconductors in the
United States and in the third country markets; and
(9) The United States Senate on June 19, 1996, unanimously
adopted a sense of the Senate resolution that the President
should take all necessary and appropriate actions to ensure the
continuation of a government-to-government United States-Japan
semiconductor trade agreement before the current agreement
expires on July 31, 1996.
(b) Sense of Senate.--It is the sense of the Senate that if a new
United States-Japan Semiconductor Agreement is not concluded by July
31, 1996, that (1) ensures continued calculation of foreign market
share in Japan according to the formula set forth in the current
agreement, and (2) provides for continuation of current measures to
deter renewed dumping of semiconductors in the United States and in
third country markets, the President shall--
(A) Direct the Office of the United States Trade
Representative and the Department of Commerce to establish a
system to provide for unilateral United States Government
calculation and publication of the foreign share of the
Japanese semiconductor market, according to the formula set
forth in the current agreement;
(B) Report to the Congress on a quarterly basis regarding
the progress, or lack thereof, in increasing foreign market
access to the Japanese semiconductor market; and
(C) Take all necessary and appropriate actions to ensure
that all United States trade laws with respect to foreign
market access and injurious dumping are expeditiously and
vigorously enforced with respect to U.S.-Japan semiconductor
trade, as appropriate.
This Act may be cited as the ``Energy and Water Development
Appropriations Act, 1997''.
Attest:
Secretary.
104th CONGRESS
2d Session
H. R. 3816
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