[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3816 Reported in House (RH)]
Union Calendar No. 350
104th CONGRESS
2d Session
H. R. 3816
[Report No. 104-679]
Making appropriations for energy and water development for the fiscal
year ending September 30, 1997, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 16, 1996
Mr. Myers of Indiana, from the Committee on Appropriations, reported
the following bill; which was committed to the Committee of the Whole
House on the State of the Union and ordered to be printed
_______________________________________________________________________
A BILL
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, $153,628,000, 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, $200,000;
Lake George, Hobart, Indiana, $100,000;
Little Calumet River Basin, Cady Marsh Ditch, Indiana,
$200,000;
Barnegat Inlet to Little Egg Harbor Inlet, New Jersey,
$558,000;
Brigantine Inlet to Great Egg Harbor Inlet, New Jersey,
$600,000;
Great Egg Harbor Inlet to Townsends Inlet, New Jersey,
$400,000;
Manasquan Inlet to Barnegat Inlet, New Jersey, $400,000;
Townsends Inlet to Cape May Inlet, New Jersey, $375,000;
South Shore of Staten Island, New York, $300,000;
Mussers Dam, Middle Creek, Snyder County, Pennsylvania,
$450,000;
Monongahela River, West Virginia, $500,000;
Monongahela River, Fairmont, West Virginia, $250,000; and
Tygart River Basin, Philippi, West Virginia, $250,000.
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), $1,035,394,000, 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:
San Timoteo Creek (Santa Ana River Mainstem), California,
$7,000,000;
Ohio River Flood Protection, Indiana, $1,800,000;
Indianapolis Central Waterfront, Indiana, $8,000,000;
Indiana Shoreline Erosion, Indiana, $2,200,000;
Harlan (Levisa and Tug Forks of the Big Sandy River and
Upper Cumberland River), Kentucky, $18,500,000;
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, $2,000,000;
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, $3,500,000;
Lake Pontchartrain and Vicinity, Louisiana, $18,525,000;
Red River below Denison Dam Levee and Bank Stabilization,
Louisiana, Arkansas, and Texas, $100,000;
Glen Foerd, Pennsylvania, $800,000;
South Central Pennsylvania Environmental Restoration
Infrastructure and Resource Protection Development Pilot
Program, Pennsylvania, $10,000,000;
Wallisville Lake, Texas, $10,000,000;
Richmond Filtration Plant, Virginia, $3,500,000; and
Virginia Beach, Virginia, $8,000,000:
Provided, 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 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.
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), $302,990,000, to remain available until expended.
operation and maintenance, general
For expenses necessary for the preservation, operation,
maintenance, and care of existing river and harbor, flood control, and
related works, including such sums as may be necessary for the
maintenance of harbor channels provided by a State, municipality or
other public agency, outside of harbor lines, and serving essential
needs of general commerce and navigation; surveys and charting of
northern and northwestern lakes and connecting waters; clearing and
straightening channels; and removal of obstructions to navigation,
$1,701,180,000, 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.
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, $145,000,000, 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.
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
Corps of Engineers--Civil
Sec. 101. (a) In fiscal year 1997, the Secretary of the Army shall
advertise for competitive bid at least 10,000,000 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 in this Act may be used to
study, design, or undertake improvements of the Federal vessel,
McFARLAND.
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, $14,548,000, 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, $500,000 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 $500,000 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, $398,069,000, 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 $71,728,000 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 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, $286,232,000, 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, $45,150,000, 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),
$2,648,000,000, to remain available until expended: Provided, That of
the $13,102,000 made available to the Office of Energy Efficiency and
Renewable Energy for program direction, $1,440,000 is available only
for termination expenses related to reducing FTEs of the headquarters
staff of that Office.
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); $53,972,000, 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 $11,772,000.
uranium enrichment decontamination and decommissioning fund
For necessary expenses in carrying out uranium enrichment facility
decontamination and decommissioning, remedial actions and other
activities of title II of the Atomic Energy Act of 1954 and title X,
subtitle A of the Energy Policy Act of 1992, $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,
subject to authorization: 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.
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), $195,000,000, 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
$69,612,000: Provided further, That end of year employee levels for
fiscal year 1997 may not exceed the following by organization: Board of
Contract Appeals, 6; Chief Financial Officer, 192; Congressional,
Public, and Intergovernmental Affairs, 35; Economic Impact and
Diversity, 30; Field Management, 20; General Counsel, 153; Human
Resources and Administration, 550; Office of the Secretary, 23; and
Policy, 20.
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, $24,000,000, 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), $3,684,378,000, 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), $5,409,310,000, to remain
available until expended: Provided, That an additional amount of
$134,500,000 is available for privatization initiatives.
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),
$1,459,533,000, 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,
$18,859,000, 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,
$211,582,000, to remain available until expended, of which $203,687,000
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),
$141,290,000, to remain available until expended: Provided, That
notwithstanding any other provision of law, not to exceed $141,290,000
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 Provision
SEC. 301. PRIORITY PLACEMENT, JOB PLACEMENT, RETRAINING, AND COUNSELING
PROGRAMS FOR UNITED STATES DEPARTMENT OF ENERGY EMPLOYEES
AFFECTED BY A REDUCTION IN FORCE.
(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.
(1) Types of services.--A program established under
subsection (d) may include, but is not limited to, such
services as--
(A) career and personal counseling;
(B) training and job search skills; and
(C) job placement assistance, including assistance
provided through cooperative arrangements with State
and local employment services offices.
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, $155,331,000, 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, $12,000,000, 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, 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
derived from the Nuclear Waste Fund, subject to the authorization
required in this bill under the heading, ``Nuclear Waste Disposal
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, $97,169,000, to remain available until
expended: Provided, That none of the funds provided herein shall be
available for activities of the Environmental Research Center in Muscle
Shoals, Alabama, except for necessary termination expenses: Provided
further, That of the funds provided herein, not more than $5,000,000
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 $16,000,000 shall be available
for Economic Development activities.
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. Section 508(f) of Public Law 104-46, the Energy and Water
Development Appropriations Act, 1996, is repealed.
Sec. 503. 42 U.S.C. 7262 is repealed.
Sec. 504. Public Law 101-514, the Energy and Water Development
Appropriations Act, 1991, is amended by striking ``: Provided'' and all
that follows through ``nonreimbursable'' under the heading,
``Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration''.
Sec. 505. (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.
This Act may be cited as the ``Energy and Water Development
Appropriations Act, 1997''.
Union Calendar No. 350
104th CONGRESS
2d Session
H. R. 3816
[Report No. 104-679]
_______________________________________________________________________
A BILL
Making appropriations for energy and water development for the fiscal
year ending September 30, 1997, and for other purposes.
_______________________________________________________________________
July 16, 1996
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed