[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3816 Enrolled Bill (ENR)]

        H.R.3816

                       One Hundred Fourth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
   the third day of January, one thousand nine hundred and ninety-six


                                 An Act


 
 Making appropriations for energy and water development for the fiscal 
         year ending September 30, 1997, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the fiscal year ending September 30, 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, $153,872,000, to remain available until expended, of 
which funds are provided for the following projects in the amounts 
specified:
        Norco Bluffs, California, $180,000;
        San Joaquin River Basin, Caliente Creek, California, $150,000;
        Tampa Harbor, Alafia Channel, Florida, $100,000;
        Lake George, Hobart, Indiana, $100,000;
        Little Calumet River Basin, Cady Marsh Ditch, Indiana, 
    $200,000;
        Tahoe Basin Study, Nevada and California, $100,000;
        Barnegat Inlet to Little Egg Harbor Inlet, New Jersey, 
    $300,000;
        Brigantine Inlet to Great Egg Harbor Inlet, New Jersey, 
    $360,000;
        Great Egg Harbor Inlet to Townsends Inlet, New Jersey, 
    $200,000;
        Manasquan Inlet to Barnegat Inlet, New Jersey, $250,000;
        Townsends Inlet to Cape May Inlet, New Jersey, $245,000;
        South Shore of Staten Island, New York, $200,000;
        Mussers Dam, Middle Creek, Snyder County, Pennsylvania, 
    $450,000;
        Rhode Island South Coast, Habitat Restoration and Storm Damage 
    Reduction, Rhode Island, $100,000;
        Monongahela River, West Virginia, $500,000;
        Monongahela River, Fairmont, West Virginia, $100,000; and
        Tygart River Basin, Philippi, West Virginia, $100,000.


                          Construction, General

    For the prosecution of river and harbor, flood control, shore 
protection, and related projects authorized by laws; and detailed 
studies, and plans and specifications, of projects (including those for 
development with participation or under consideration for participation 
by States, local governments, or private groups) authorized or made 
eligible for selection by law (but such studies shall not constitute a 
commitment of the Government to construction), $1,081,942,000, to 
remain available until expended, of which such sums as are necessary 
pursuant to Public Law 99-662 shall be derived from the Inland 
Waterways Trust Fund, for one-half of the costs of construction and 
rehabilitation of inland waterways projects, including rehabilitation 
costs for the Lock and Dam 25, Mississippi River, Illinois and 
Missouri, Lock and Dam 14, 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:
        Red River Emergency Bank Protection, Arkansas, $3,000,000;
        San Timoteo Creek (Santa Ana River Mainstem), California, 
    $7,000,000;
        Indianapolis Central Waterfront, Indiana, $7,000,000;
        Indiana Shoreline Erosion, Indiana, $2,200,000;
        Harlan (Levisa and Tug Forks of the Big Sandy River and Upper 
    Cumberland River), Kentucky, $18,000,000;
        Martin County (Levisa and Tug Forks of the Big Sandy River and 
    Upper Cumberland River), Kentucky, $350,000;
        Middlesboro (Levisa and Tug Forks of the Big Sandy River and 
    Upper Cumberland River), Kentucky, $2,500,000;
        Pike County (Levisa and Tug Forks of the Big Sandy River and 
    Upper Cumberland River), Kentucky, $2,000,000;
        Town of Martin (Levisa and Tug Forks of the Big Sandy River and 
    Upper Cumberland River), Kentucky, $300,000;
        Williamsburg (Levisa and Tug Forks of the Big Sandy River and 
    Upper Cumberland River), Kentucky, $4,050,000;
        Salyersville, Kentucky, $3,000,000;
        Lake Pontchartrain and Vicinity, Louisiana, $17,025,000;
        Lake Pontchartrain (Jefferson Parish) Stormwater Discharge, 
    Louisiana, $4,750,000;
        Red River below Denison Dam Levee and Bank Stabilization, 
    Louisiana, Arkansas, and Texas, $100,000;
        Red River Emergency Bank Protection, Louisiana, $3,400,000;
        Glen Foerd, Pennsylvania, $800,000;
        South Central Pennsylvania Environmental Restoration 
    Infrastructure and Resource Protection Development Pilot Program, 
    Pennsylvania, $7,000,000;
        Seekonk River, Rhode Island Bridge removal, $650,000;
        Wallisville Lake, Texas, $7,500,000;
        Richmond Filtration Plant, Virginia, $3,500,000;
        Virginia Beach, Virginia, $8,000,000;
        Hatfield Bottom (Levisa and Tug Forks of the Big Sandy River 
    and Upper Cumberland River), West Virginia, $1,300,000;
        Lower Mingo (Kermit) (Levisa and Tug Forks of the Big Sandy 
    River and Upper Cumberland River), West Virginia, $4,000,000;
        Lower Mingo, West Virginia, Tributaries Supplement, $105,000; 
    and
        Upper Mingo County (Levisa and Tug Forks of the Big Sandy River 
    and Upper Cumberland River), West Virginia, $3,500,000: Provided, 
    That of the funds provided for the Red River Waterway, Mississippi 
    River to Shreveport, Louisiana, project, $3,000,000 is provided, to 
    remain available until expended, for design and construction of a 
    regional visitor 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 directed to use 
    $1,000,000 of the funds appropriated in Public Law 104-46 for 
    construction of the Ohio River Flood Protection, Indiana, project: 
    Provided further, That the Secretary of the Army, acting through 
    the Chief of Engineers, is directed, in cooperation with State, 
    county, and city officials and in consultation with the Des Moines 
    River Greenbelt Advisory Committee, to provide highway and other 
    signs appropriate to direct the public to the bike trail which runs 
    from downtown Des Moines, Iowa, to the Big Creek Recreation area at 
    the Corps of Engineers Saylorville Lake project and the wildlife 
    refuge in Jasper and Marion Counties in Iowa authorized in Public 
    Law 101-302: Provided further, That any law, regulation, documents 
    or record of the United States in which such projects are referred 
    to shall be held to refer to the bike trail as the Neal Smith Bike 
    Trail and to such centers as the Neal Smith Prairie Wildlife 
    Learning Center: Provided further, That the Secretary is directed 
    to initiate construction on the Joseph G. Minish Historic 
    Waterfront Park, New Jersey, project; furthermore, the Secretary 
    may transfer not to exceed $900,000 from General Investigations 
    appropriations made in title I of the Energy and Water Development 
    Appropriations Act, Public Law 103-126 (107 Stat. 1313) for the 
    Passaic River, Mainstem, New Jersey, to Construction, General for 
    the Joseph G. Minish Historic Waterfront Park, New Jersey, project 
    and that the Committees on Appropriations of the House and Senate 
    shall be promptly advised of such transfer: Provided further, That 
    of the funds provided herein, $1,000,000 shall be for payment to 
    the Kansas City Southern Industries, Inc., in partial reimbursement 
    of costs associated with the relocation and modification of the 
    Louisiana and Arkansas (L&A) Railway Bridge at Alexandria, 
    Louisiana, for navigation requirements of the Red River navigation 
    project: Provided further, That using $500,000 of the funds 
    appropriated for the Passaic River Mainstem, New Jersey, project 
    under the heading ``General Investigations'' in Public Law 103-126, 
    the Secretary of the Army, acting through the Chief of Engineers, 
    is directed to begin implementation of the Passaic River 
    Preservation of Natural Storage Areas separable element of the 
    Passaic River Flood Reduction Project, New Jersey: Provided 
    further, That the Secretary of the Army, acting through the Chief 
    of Engineers, is authorized and directed to initiate construction 
    on the following projects in the amounts specified:
        Humboldt Harbor, California, $2,500,000;
        San Lorenzo River, California, $200,000;
        Faulkner's Island, Connecticut, $1,500,000;
        Chicago Shoreline, Illinois, $8,000,000;
        Pond Creek, Jefferson City, Kentucky, $1,500,000;
        Natchez Bluff, Mississippi, $4,500,000;
        Wood River, Grand Isle, Nebraska, $1,000,000;
        New York City Watershed, New York, $1,000,000;
        Duck Creek, Cincinnati, Ohio, $466,000;
        Saw Mill Run, Pittsburgh, Pennsylvania, $500,000;
        West Virginia and Pennsylvania Flooding, West Virginia and 
    Pennsylvania, $1,000,000;
        Upper Jordan River, Utah, $500,000;
        San Juan Harbor, Puerto Rico, $800,000; and
        Allendale Dam, Rhode Island, $195,000: Provided further, That 
    no fully allocated funding policy shall apply to construction of 
    the projects listed above, and the Secretary of the Army is 
    directed to undertake these projects using continuing 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), $310,374,000, 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: Provided further, That 
notwithstanding the funding limitations set forth in Public Law 104-6 
(109 Stat. 85), the Secretary of the Army, acting through the Chief of 
Engineers, is authorized and directed to use additional funds 
appropriated herein or previously appropriated to complete remedial 
measures to prevent slope instability at Hickman Bluff, Kentucky.


                    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, 
$1,697,015,000, to remain available until expended, of which such sums 
as become available in the Harbor Maintenance Trust Fund, pursuant to 
Public Law 99-662, may be derived from that fund, and of which such 
sums as become available from the special account established by the 
Land and Water Conservation Act of 1965, as amended (16 U.S.C. 460l), 
may be derived from that fund for construction, operation, and 
maintenance of outdoor recreation facilities, and of which funds are 
provided for the following projects in the amounts specified:
        Raystown Lake, Pennsylvania, $4,190,000; and
        Cooper Lake and Channels, Texas, $2,601,000:
Provided, That using $1,000,000 of the funds appropriated herein, the 
Secretary of the Army, acting through the Chief of Engineers, is 
directed to design and construct a landing at Guntersville, Alabama, as 
described in the Master Plan Report of the Nashville District titled 
``Guntersville Landing'' dated June, 1996: Provided further, That the 
Secretary of the Army is directed to design and implement at full 
Federal expense an early flood warning system for the Greenbrier and 
Cheat River Basins, West Virginia within eighteen months from the date 
of enactment of this Act: Provided further, That the Secretary of the 
Army is directed during fiscal year 1997 to maintain a minimum 
conservation pool level of 475.5 at Wister Lake in Oklahoma: Provided 
further, That no funds, whether appropriated, contributed, or otherwise 
provided, shall be available to the United States Army Corps of 
Engineers for the purpose of acquiring land in Jasper County, South 
Carolina, in connection with the Savannah Harbor navigation project: 
Provided further, That the Secretary of the Army is directed to use 
$600,000 of funding provided herein to perform maintenance dredging of 
the Cocheco River navigation project, New Hampshire.


                            Regulatory Program

    For expenses necessary for administration of laws pertaining to 
regulation of navigable waters and wetlands, $101,000,000, to remain 
available until expended.


                  Flood Control and Coastal Emergencies

    For expenses necessary for emergency flood control, hurricane, and 
shore protection activities, as authorized by section 5 of the Flood 
Control Act approved August 18, 1941, as amended, $10,000,000, to 
remain available until expended: Provided, That the Secretary of the 
Army, acting through the Chief of Engineers, is directed to use up to 
$8,000,000 of the funds appropriated herein and under this heading in 
Public Law 104-134 to rehabilitate non-Federal flood control levees 
along the Puyallup and Carbon Rivers in Pierce County, Washington.


                             General Expenses

    For expenses necessary for general administration and related 
functions in the Office of the Chief of Engineers and offices of the 
Division Engineers; activities of the Coastal Engineering Research 
Board, the Humphreys Engineer Center Support Activity, 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, $149,000,000, to remain available until expended: Provided, That no 
part of any other appropriation provided in title I of this Act shall 
be available to fund the activities of the Office of the Chief of 
Engineers or the executive direction and management activities of the 
Division Offices: Provided further, That with funds provided herein and 
notwithstanding any other provision of law, the Secretary of the Army 
shall develop and submit to the Congress (including the Committee on 
Environment and Public Works of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives) 
within 60 days of enactment of this Act, a plan which reduces the 
number of division offices within the United States Army Corps of 
Engineers to no less than 6 and no more than 8, with each division 
responsible for at least 4 district offices, but does not close or 
change any civil function of any district office: Provided further, 
That notwithstanding any other provision of law, the Secretary of the 
Army is directed to begin implementing the division office plan on 
April 1, 1997: Provided further, That up to $1,500,000 may be 
transferred to this account from any other appropriation account in 
this title.


                         Administrative Provision

    Appropriations in this title shall be available for official 
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

                       Corps of Engineers--Civil

    Sec. 101. (a) In fiscal year 1997, the Secretary of the Army shall 
advertise for competitive bid at least 8,500,000 cubic yards of the 
hopper dredge volume accomplished with government owned dredges in 
fiscal year 1992.
    (b) Notwithstanding the provisions of this section, the Secretary 
is authorized to use the dredge fleet of the Corps of Engineers to 
undertake projects when industry does not perform as required by the 
contract specifications or when the bids are more than 25 percent in 
excess of what the Secretary determines to be a fair and reasonable 
estimated cost of a well equipped contractor doing the work or to 
respond to emergency requirements.
    Sec. 102. None of the funds appropriated herein or otherwise made 
available to the Army Corps of Engineers, including amounts contained 
in the Revolving Fund of the Army Corps of Engineers, may be used to 
study, design or undertake improvements or major repair of the Federal 
vessel, McFARLAND, except for normal maintenance and repair necessary 
to maintain the vessel McFARLAND's current operational condition.
    Sec. 103. The flood control project for Moorefield, West Virginia, 
authorized by section 101(a)(25) of the Water Resources 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, non-structural 
flood control measures implemented under section 202(a) of Public Law 
96-367 shall prevent future losses that would occur from a flood equal 
in magnitude to the April 1977 level by providing protection from the 
April 1977 level or the 100-year frequency event, whichever is greater.
    Sec. 106. Notwithstanding any other provision of law, the Secretary 
of the Army, acting through the Chief of Engineers, is authorized to 
reprogram, obligate and expend such additional sums as are necessary to 
continue construction and cover 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. The Corps of Engineers is hereby directed to complete the 
Charleston Riverfront (Haddad) Park Project, West Virginia, as 
described in the design memorandum approved November, 1992, on a 50-50 
cost-share basis with the City. The Corps of Engineers shall pay one-
half of all costs for settling contractor claims on the completed 
project and for completing the wharf. The Federal portion of these 
costs shall be obtained by reprogramming available Operations & 
Maintenance funds. The project cost limitation in the Project 
Cooperation Agreement shall be increased to reflect the actual costs of 
the completed project.
    Sec. 108. The flood control project for Arkansas City, Kansas 
authorized by section 401(a) of the Water Resources Development Act of 
1986 (Public Law 99-662, 100 Stat. 4116) is modified to authorize the 
Secretary of the Army to construct the project at a total cost of 
$38,500,000, with an estimated first Federal cost of $28,100,000 and an 
estimated first non-Federal cost of $10,400,000.
    Sec. 109. Funds previously provided under the Fiscal Year 1993 
Energy and Water Development Appropriations Act, Public Law 102-377, 
for the Elk Creek Dam, Oregon project, are hereby made available to 
plan and implement long-term management measures at Elk Creek Dam to 
maintain the project in an uncompleted state and to take necessary 
steps to provide passive fish passage through the project.
    Sec. 110. The Secretary of the Army is authorized and directed to 
modify the project for the Hudson River, New York, New York City to 
Waterford, authorized by the Act of June 25, 1910 (Public Law 264, 61st 
Congress, 36 Stat. 635), to include design and construction of a 300-
foot wide channel to a depth of 24 feet (mean low water), extending 
from the existing Federal channel in the vicinity of the Hudson City 
Light to the north dock at Union Street, Athens, New York.
    Sec. 111. Section 109(a) of Public Law 104-46 (109 Stat. 408) with 
regard to Prestonsburg, Kentucky, is amended by striking ``Modification 
No. 2'' and inserting ``Modification No. 3''.
    Sec. 112. The emergency gate construction project for Abiquiu Dam, 
New Mexico, authorized by section 1112 of the Water Resources 
Development Act of 1986 (Public Law 99-662, 100 Stat. 4232) is modified 
to authorize the Secretary of the Army, acting through the Chief of 
Engineers, to construct the project at an estimated total cost of 
$7,000,000. The non-Federal share of the project shall be 25 percent of 
those costs of the project attributable to an increase in flood 
protection as a result of the installation of such gates.

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project


                 central utah project completion account

    For the purpose of carrying out provisions of the Central Utah 
Project Completion Act, 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, $16,650,000, to remain available until expended: Provided, 
That of the total appropriated, the amount for program activities which 
can be financed by the reclamation fund shall be derived from that 
fund: Provided further, That funds contributed by non-Federal entities 
for purposes similar to this appropriation shall be available for 
expenditure for the purposes for which contributed as though 
specifically appropriated for said purposes, and such amounts shall 
remain available until expended: Provided further, That of the total 
appropriated, $250,000 shall be available to complete the appraisal 
study and initiate preconstruction engineering and design for the Del 
Norte County and Crescent City, California, Wastewater Reclamation 
Project, and $250,000 shall be available to complete the appraisal 
study and initiate preconstruction engineering and design for the Fort 
Bragg, California, Water Supply Project.


                           construction program

                      (including transfer of funds)

    For construction and rehabilitation of projects and parts thereof 
(including power transmission facilities for Bureau of Reclamation use) 
and for other related activities as authorized by law, $394,056,000, to 
remain available until expended, of which $22,410,000 shall be 
available for transfer to the Upper Colorado River Basin Fund 
authorized by section 5 of the Act of April 11, 1956 (43 U.S.C. 620d), 
and $58,740,000 shall be available for transfer to the Lower Colorado 
River Basin Development Fund authorized by section 403 of the Act of 
September 30, 1968 (43 U.S.C. 1543), and such amounts as may be 
necessary shall be considered as though advanced to the Colorado River 
Dam Fund for the Boulder Canyon Project as authorized by the Act of 
December 21, 1928, as amended: Provided, That of the total 
appropriated, the amount for program activities which can be financed 
by the reclamation fund shall be derived from that fund: Provided 
further, That transfers to the Upper Colorado River Basin Fund and 
Lower Colorado River Basin Development Fund may be increased or 
decreased by transfers within the overall appropriation under this 
heading: Provided further, That funds contributed by non-Federal 
entities for purposes similar to this appropriation shall be available 
for expenditure for the purposes for which contributed as though 
specifically appropriated for said purposes, and such funds shall 
remain available until expended: Provided further, That all costs of 
the safety of dams modification work at Coolidge Dam, San Carlos 
Irrigation Project, Arizona, performed under the authority of the 
Reclamation Safety of Dams Act of 1978 (43 U.S.C. 506), as amended, are 
in addition to the amount authorized in section 5 of said Act: 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 construction funds are first made available: 
Provided further, That utilizing funds appropriated for the Tucson 
Aqueduct System Reliability Investigation, the Bureau of Reclamation is 
directed to complete, by the end of fiscal year 1997, the environmental 
impact statement being conducted on the proposed surface reservoir. The 
Bureau of Reclamation is further directed to work with the City of 
Tucson on any outstanding issues related to the preferred alternative.


                        operation and maintenance

    For operation and maintenance of reclamation projects or parts 
thereof and other facilities, as authorized by law; and for a soil and 
moisture conservation program on lands under the jurisdiction of the 
Bureau of Reclamation, pursuant to law, $267,876,000, to remain 
available until expended: Provided, That of the total 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, $46,000,000, 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), 
$2,710,908,000, to remain available until expended.


                 Uranium Supply and Enrichment Activities

    For expenses of the Department of Energy in connection with 
operating expenses; the purchase, construction, and acquisition of 
plant and capital equipment and other expenses necessary for 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); $43,200,000, to remain 
available until expended: Provided, That revenues received by the 
Department for uranium programs and estimated to total $42,200,000 in 
fiscal year 1997 shall be retained and used for the specific purpose of 
offsetting costs incurred by the Department for such activities 
notwithstanding the provisions of 31 U.S.C. 3302(b) and 42 U.S.C. 
2296(b)(2): Provided further, That the sum herein appropriated shall be 
reduced as revenues are received during fiscal year 1997 so as to 
result in a final fiscal year 1997 appropriation from the General Fund 
estimated at not more than $1,000,000.
    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, $200,200,000, to be 
derived from the Fund, to remain available until expended: Provided, 
That $34,000,000 of amounts derived from the Fund for such expenses 
shall be available in accordance with title X, subtitle A, of the 
Energy Policy Act of 1992.


                 General Science and Research Activities

    For expenses of the Department of Energy activities including the 
purchase, construction and acquisition of plant and capital equipment 
and other expenses 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, $996,000,000, to 
remain available until expended.


                       Nuclear Waste Disposal Fund

    For nuclear waste disposal activities to carry out the purposes of 
Public Law 97-425, as amended, including the acquisition of real 
property or facility construction or expansion, $182,000,000, to remain 
available until expended, to be derived from the Nuclear Waste Fund: 
Provided, That none of the funds provided herein shall be distributed 
to the State of Nevada or affected units of local government (as 
defined by Public Law 97-425) by direct payment, grant, or other means, 
for financial assistance under section 116 of the Nuclear Waste Policy 
Act of 1982, as amended: Provided further, That the foregoing proviso 
shall not apply to payments in lieu of taxes under section 116(c)(3)(A) 
of the Nuclear Waste Policy Act of 1982, as amended: Provided further, 
That no later than September 30, 1998, the Secretary shall provide to 
the 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 
    September 30, 1998, describing the probable behavior of the 
    repository in the Yucca Mountain geological setting relative to the 
    overall system performance standards;
        (3) a plan and cost estimate for the remaining work required to 
    complete a license application; and
        (4) an estimate of the costs to construct and operate the 
    repository in accordance with the design concept.


                       Departmental Administration

    For salaries and expenses of the Department of Energy 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), $215,021,000, to 
remain available until expended, plus such additional amounts as 
necessary to cover increases in the estimated amount of cost of work 
for others notwithstanding the provisions of the Anti-Deficiency Act 
(31 U.S.C. 1511, et seq.): Provided, That such increases in cost of 
work are offset by revenue increases of the same or greater amount, to 
remain available until expended: Provided further, That moneys received 
by the 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 
$89,633,000.


                     Office of the Inspector General

    For necessary expenses of the Office of the Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $23,853,000, to remain available until expended.


                     Atomic Energy Defense Activities

                            weapons activities

    For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and other 
expenses necessary for atomic energy defense weapons 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), $3,911,198,000, to 
remain available until expended.


          defense environmental restoration and waste management

    For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and other 
expenses necessary for atomic energy defense environmental restoration 
and waste management activities in 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), $5,459,304,000, to remain 
available until expended and, in addition, $160,000,000 for 
privatization initiatives, to remain available until expended.


                         other defense activities

    For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and other 
expenses necessary for atomic energy defense, other defense activities, 
in carrying out the purposes of the Department of Energy Organization 
Act (42 U.S.C. 7101, et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, and the purchase of 
passenger motor vehicles (not to exceed 2 for replacement only), 
$1,605,733,000, to remain available until expended.

                     defense nuclear waste disposal

    For nuclear waste disposal activities to carry out the purposes of 
Public Law 97-425, as amended, including the acquisition of real 
property or facility construction or expansion, $200,000,000, to remain 
available until expended.

                    Power Marketing Administrations


          Operation and Maintenance, Alaska Power Administration

    For necessary expenses of operation and maintenance of projects in 
Alaska and of marketing electric power and energy, $4,000,000, to 
remain available until expended.


                   Bonneville Power Administration Fund

    Expenditures from the Bonneville Power Administration Fund, 
established pursuant to Public Law 93-454, are approved for official 
reception and representation expenses in an amount not to exceed 
$3,000.
    During fiscal year 1997, no new direct loan obligations may be 
made.


       Operation and Maintenance, Southeastern Power Administration

    For necessary expenses of operation and maintenance of power 
transmission facilities and of marketing electric power and energy 
pursuant to the provisions of section 5 of the Flood Control Act of 
1944 (16 U.S.C. 825s), as applied to the southeastern power area, 
$16,359,000, to remain available until expended.


       Operation and Maintenance, Southwestern Power Administration

    For necessary expenses of operation and maintenance of power 
transmission facilities and of marketing electric power and energy, and 
for construction and acquisition of transmission lines, 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, 
$193,582,000, to remain available until expended, of which $185,687,000 
shall be derived from the Department of the Interior Reclamation Fund: 
Provided, That of the amount herein 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.

                           General Provisions


      PRIORITY PLACEMENT, JOB PLACEMENT, RETRAINING, AND COUNSELING 
PROGRAMS FOR UNITED STATES DEPARTMENT OF ENERGY EMPLOYEES AFFECTED BY A 
                           REDUCTION IN FORCE

    Sec. 301. (a) Definitions.--
        (1) For the purposes of this section, the term ``agency'' means 
    the United States Department of Energy.
        (2) For the purposes of this section, the term ``eligible 
    employee'' means any employee of the agency who--
            (A) is scheduled to be separated from service due to a 
        reduction in force under--
                (i) regulations prescribed under section 3502 of title 
            5, United States Code; or
                (ii) procedures established under section 3595 of title 
            5, United States Code; or
            (B) is separated from service due to such a reduction in 
        force, but does not include--
                (i) an employee separated from service for cause on 
            charges of misconduct or delinquency; or
                (ii) an employee who, at the time of separation, meets 
            the age and service requirements for an immediate annuity 
            under subchapter III of chapter 83 or chapter 84 of title 
            5, United States Code.
    (b) Priority Placement and Retraining Program.--Not later than 30 
days after the date of the enactment of this Act, the United States 
Department of Energy shall establish an agency-wide priority placement 
and retraining program for eligible employees.
    (c) The priority placement program established under subsection (b) 
shall include provisions under which a vacant position shall not be 
filled by the appointment or transfer of any individual from outside of 
the agency if--
        (1) there is then available any eligible employee who applies 
    for the position within 30 days of the agency issuing a job 
    announcement and is qualified (or can be trained or retrained to 
    become qualified within 90 days of assuming the position) for the 
    position; and
        (2) the position is within the same commuting area as the 
    eligible employee's last-held position or residence.
    (d) Job Placement and Counseling Services.--The head of the agency 
may establish a program to provide job placement and counseling 
services to eligible employees. A program established under subsection 
(d) may include, but is not limited to, such services as--
        (1) career and personal counseling;
        (2) training and job search skills; and
        (3) job placement assistance, including assistance provided 
    through cooperative arrangements with State and local employment 
    services offices.
    Sec. 302. None of the funds appropriated by this or any other Act 
may be used to implement section 3140 of H.R. 3230 as reported by the 
Committee of Conference on July 30, 1996. The Secretary of Energy shall 
develop a plan to reorganize the field activities and management of the 
national security functions of the Department of Energy and shall 
submit such plan to the Congress not later than 120 days after the date 
of enactment of this Act. The plan will specifically identify all 
significant functions performed by the Department's national security 
operations and area offices and make recommendations as to where those 
functions should be performed.

                                TITLE IV

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

    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, $160,000,000, to 
remain available until expended.

                Defense Nuclear Facilities Safety Board


                          Salaries and Expenses

    For necessary expenses of the Defense Nuclear Facilities Safety 
Board in carrying out activities authorized by the Atomic Energy Act of 
1954, as amended by Public Law 100-456, section 1441, $16,000,000, to 
remain available until expended.

                     Nuclear Regulatory Commission


                          Salaries and Expenses

                      (including transfer of funds)

    For necessary expenses of the Commission in carrying out the 
purposes of the Energy Reorganization Act of 1974, as amended, and the 
Atomic Energy Act of 1954, as amended, including the employment of 
aliens; services authorized by 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: 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 
derived from the Nuclear Waste Fund, and to remain available until 
expended.

                       Tennessee Valley Authority

    For the purpose of carrying out the provisions of the Tennessee 
Valley Authority Act of 1933, as amended (16 U.S.C. ch. 12A), including 
hire, maintenance, and operation of aircraft, and purchase and hire of 
passenger motor vehicles, $106,000,000, to remain available until 
expended: Provided, That of the funds provided herein, $15,000,000 
shall be made available for the Environmental Research Center in Muscle 
Shoals, Alabama: Provided further, That of the funds provided herein, 
$6,000,000 shall be made available for operation, maintenance, 
improvement, and surveillance of Land Between the Lakes: Provided 
further, That of the amount provided herein, $15,000,000 shall be 
available for Economic Development activities: Provided further, That 
none of the funds provided herein, shall be available for detailed 
engineering and design or 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.
    (c) Prohibition of Contracts With Persons Falsely Labeling Products 
as Made in America.--If it has been finally determined by a court or 
Federal agency that any person intentionally affixed a label bearing a 
``Made in America'' inscription, or any inscription with the same 
meaning, to any product sold in or shipped to the United States that is 
not made in the United States, the person shall be ineligible to 
receive any contract or subcontract made with funds made available in 
this Act, pursuant to the debarment, suspension, and ineligibility 
procedures described in sections 9.400 through 9.409 of title 48, Code 
of Federal Regulations.
    Sec. 502. 42 U.S.C. 7262 is repealed.
    Sec. 503. (a) None of the funds appropriated or otherwise made 
available by this Act may be used to determine the final point of 
discharge for the interceptor drain for the San Luis Unit until 
development by the Secretary of the Interior and the State of 
California of a plan, which shall conform to the water quality 
standards of the State of California as approved by the Administrator 
of the Environmental Protection Agency, to minimize any detrimental 
effect of the San Luis drainage waters.
    (b) The costs of the Kesterson Reservoir Cleanup Program and the 
costs of the San Joaquin Valley Drainage Program shall be classified by 
the Secretary of the Interior as reimbursable or nonreimbursable and 
collected until fully repaid pursuant to the ``Cleanup Program--
Alternative Repayment Plan'' and the ``SJVDP--Alternative Repayment 
Plan'' described in the report entitled ``Repayment Report, Kesterson 
Reservoir Cleanup Program and San Joaquin Valley Drainage Program, 
February 1995'', prepared by the Department of the Interior, Bureau of 
Reclamation. Any future obligations of funds by the United States 
relating to, or providing for, drainage service or drainage studies for 
the San Luis Unit shall be fully reimbursable by San Luis Unit 
beneficiaries of such service or studies pursuant to Federal 
Reclamation law.
    Sec. 504. None of the funds made available in this Act may be used 
to revise the Missouri River Master Water Control Manual when it is 
made known to the Federal entity or official to which the funds are 
made available that such revision provides for an increase in the 
springtime water release program during the spring heavy rainfall and 
snow melt period in States that have rivers draining into the Missouri 
River below the Gavins Point Dam.
    Sec. 505. Public Law 101-514, the Energy and Water Development 
Appropriations Act, 1991, is amended effective September 30, 1997 or 
upon operation of the temperature control device, by striking the 
proviso under the heading ``Construction, Rehabilitation, Operation and 
Maintenance, Western Area Power Administration''.
    Sec. 506. The Secretary of the Interior shall extend the water 
service contracts for the following projects, entered into by the 
Secretary of the Interior under subsection (e) of section 9 of the 
Reclamation Project Act of 1939 (43 U.S.C. 485h) and section 9(c) of 
the Act of December 22, 1944 (58 Stat. 891, chapter 665), for a period 
of 1 additional year after the dates on which each of the contracts, 
respectively, would expire but for this section:
        (1) The Bostwick District (Kansas portion), Missouri River 
    Basin Project, consisting of the project constructed and operated 
    under the Act of December 22, 1944 (58 Stat. 887, chapter 665), as 
    a component of the Pick-Sloan Missouri Basin Program, situated in 
    Republic County, Jewell County, and Cloud County, Kansas.
        (2) The Bostwick District (Nebraska portion), Missouri River 
    Basin Project, consisting of the project constructed and operated 
    under the Act of December 22, 1944 (58 Stat. 887, chapter 665), as 
    a component of the Pick-Sloan Missouri Basin Program, situated in 
    Harlan County, Franklin County, Webster County, and Nuckolls 
    County, Nebraska.
        (3) The Frenchman-Cambridge District, Missouri River Basin 
    Project, consisting of the project constructed and operated under 
    the Act of December 22, 1944 (58 Stat. 887, chapter 665), as a 
    component of the Pick-Sloan Missouri Basin Program, situated in 
    Chase County, Frontier County, Hitchcock County, Furnas County, and 
    Harlan County, Nebraska.
    Sec. 507. Funds made available by this Act to the Department of 
Energy shall be available only for the purposes for which they have 
been made available by this Act. The Department of Energy shall report 
by February 28, 1997 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. 508. (a) Denial of Funds for Preventing ROTC Access to 
Campus.--None of the funds made available in this Act may be provided 
by contract or by grant (including a grant of funds to be available for 
student aid) to a subelement of an institution of higher education when 
it is made known to the Federal official having authority to obligate 
or expend such funds that the subelement of such institution has a 
policy or practice (regardless of when implemented) that prohibits, or 
in effect prevents--
        (1) the maintaining, establishing, or operation of a unit of 
    the Senior Reserve Officer Training Corps (in accordance with 
    section 654 of title 10, United States Code, and other applicable 
    Federal laws) at the subelement of such institution; or
        (2) a student at the institution (or subelement) from enrolling 
    in a unit of the Senior Reserve Officer Training Corps at another 
    institution of higher education.
    (b) Exception.--The limitation established in subsection (a) shall 
not apply to an institution of higher education when it is made known 
to the Federal official having authority to obligate or expend such 
funds that--
        (1) the institution (or subelement) has ceased the policy or 
    practice described in such subsection; or
        (2) the institution has a longstanding policy of pacifism based 
    on historical religious affiliation.
    Sec. 509. (a) Denial of Funds for Preventing Federal Military 
Recruiting on Campus.--None of the funds made available in this Act may 
be provided by contract or grant (including a grant of funds to be 
available for student aid) to a subelement of an institution of higher 
education when it is made known to the Federal official having 
authority to obligate or expend such funds that the subelement of such 
institution has a policy or practice (regardless of when implemented) 
that prohibits, or in effect prevents--
        (1) entry to campuses, or access to students (who are 17 years 
    of age or older) on campuses, for purposes of Federal military 
    recruiting; or
        (2) access to the following information pertaining to students 
    (who are 17 years of age or older) for purposes of Federal military 
    recruiting: student names, addresses, telephone listings, dates and 
    places of birth, levels of education, degrees received, prior 
    military experience, and the most recent previous educational 
    institutions enrolled in by the students.
    (b) Exception.--The limitation established in subsection (a) shall 
not apply to an institution of higher education when it is made known 
to the Federal official having authority to obligate or expend such 
funds that--
        (1) the institution (or subelement) has ceased the policy or 
    practice described in such subsection; or
        (2) the institution has a longstanding policy of pacifism based 
    on historical religious affiliation.
    Sec. 510. None of the funds made available in this Act may be 
obligated or expended to enter into or renew a contract with an entity 
when it is made known to the Federal official having authority to 
obligate or expend such funds that--
        (1) such entity is otherwise a contractor with the United 
    States and is subject to the requirement in section 4212(d) of 
    title 38, United States Code, regarding submission of an annual 
    report to the Secretary of Labor concerning employment of certain 
    veterans; and
        (2) such entity has not submitted a report as required by that 
    section for the most recent year for which such requirement was 
    applicable to such entity.
    Sec. 511. The Administrator may offer employees voluntary 
separation incentives as deemed necessary which shall not exceed 
$25,000. Recipients who accept employment with the United States within 
five years after separation shall repay the entire amount to the 
Bonneville Power Administration. This authority shall expire September 
30, 2000.
    Sec. 512. Following section 4(h)(10)(C) of the Northwest Power 
Planning and Conservation Act, insert the following new section:
    (4)(h)(10)(D) 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 fish and wildlife program. Members 
shall be appointed from a list of no fewer than 20 scientists submitted 
by the National Academy of Sciences (Academy), 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. The Academy shall provide such nominations 
within 90 days of the date of this enactment, and in any case not later 
than December 31, 1996. If appointments are required in subsequent 
years, the Council shall request nominations from the Academy and the 
Academy shall provide nominations not later than 90 days after the date 
of this request. If the Academy does not provide nominations within 
these time requirements, the Council may appoint such members as the 
Council deems appropriate.
    (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 Academy to assist the Panel in making its 
recommendations to the Council for projects to be funded through BPA's 
annual fish and wildlife budget, provided that Pacific 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. The Academy shall provide such 
nominations within 90 days of the date of this enactment, and in any 
case not later than December 31, 1996. If appointments are required in 
subsequent years, the Council shall request nominations from the 
Academy and the Academy shall provide nominations not later than 90 
days after the date of this request. If the Academy does not provide 
nominations within these time requirements, the Council may appoint 
such members as the Council deems appropriate.
    (iii) Conflict of Interest and Compensation.--Panel and Peer Review 
Group members may be compensated and shall be considered subject to the 
conflict of interest standards that apply to scientists performing 
comparable work for the National Academy of Sciences; provided that a 
Panel or Peer Review Group members with a direct or indirect financial 
interest in a project, or projects, shall recuse himself or herself 
from review of, or recommendations associated with, such project or 
projects. All expenses of the Panel and the Peer Review Groups shall be 
paid by BPA as provided for under paragraph (vii). Neither the Panel 
nor the Peer Review Groups shall be deemed advisory committees within 
the meaning of the Federal Advisory Committee Act.
    (iv) Project Criteria and Review.--The Peer Groups, in conjunction 
with the Panel, shall review projects proposed to be funded through 
BPA's annual fish and wildlife budget and make recommendations on 
matters related to such projects to the Council no later than June 15 
of each year. If the recommendations are not received by the Council by 
this date, the Council may proceed to make final recommendations on 
project funding to BPA, relying on the best information available. The 
Panel and Peer Review Groups shall review a sufficient number of 
projects to adequately ensure that the list of prioritized projects 
recommended is consistent with the Council's program. Project 
recommendations shall be based on a determination that projects: are 
based on sound science 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 its findings to the Panel. The Panel shall analyze 
the information submitted by the Peer Review Groups and submit 
recommendations on project priorities to the Council. The Council shall 
make the Panel's findings available to the public and subject to public 
comment.
    (vi) Responsibilities of the Council.--The Council shall fully 
consider the recommendations of the Panel when making its final 
recommendations of projects to be funded through BPA's annual fish and 
wildlife budget, and if the Council does not incorporate a 
recommendation of the Panel, the Council shall explain in writing its 
reasons for not accepting Panel recommendations. In making its 
recommendations to BPA, the Council shall consider the impact of ocean 
conditions on fish and wildlife populations and shall determine whether 
the projects employ cost-effective measures to achieve program 
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.


                     designation of jim chapman lake

    Sec. 513. Cooper Lake, located on the Sulphur River near Cooper, 
Texas, is named and designated as the ``Jim Chapman Lake''. Any 
reference in a law, map, regulation, document, or record of the United 
States to such lake shall be held to be a reference to the ``Jim 
Chapman Lake''.


         designation of william l. jess dam and intake structure

    Sec. 514. The dam located at mile 158.6 on the Rogue River in 
Jackson County, Oregon, and commonly known as the Lost Creek Dam Lake 
Project, shall be known and designated as the ``William L. Jess Dam and 
Intake Structure''. Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the dam referred to as 
Lost Creek Dam Lake Project, shall be deemed to be a reference to the 
``William L. Jess Dam and Intake Structure''.


               designation of j. bennett johnston waterway

    Sec. 515. The portion of the Red River, Louisiana, from new river 
mile 0 to new river mile 235 shall be known and designated as the ``J. 
Bennett Johnston Waterway''. Any reference in a law, map, regulation, 
document, paper, or other record of the United States to such portion 
of the Red River shall be deemed to be a reference to the ``J. Bennett 
Johnston Waterway''.
    This Act may be cited as the ``Energy and Water Development 
Appropriations Act, 1997''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.