[Congressional Record Volume 141, Number 125 (Monday, July 31, 1995)]
[Senate]
[Pages S10918-S10922]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


           ENERGY AND WATER DEVELOPMENT APPROPRIATIONS, 1996

  The PRESIDING OFFICER. Under the previous order, the Senate will now 
proceed to consideration of H.R. 1905, which the clerk will report.
  The assistant legislative clerk read as follows:

       A bill (H.R. 1905) making appropriations for energy and 
     water development for the fiscal year ending September 30, 
     1996, and for other purposes.

  The Senate proceeded to consideration of the bill,
   with amendments; as follows:

  (The parts of the bill intended to be stricken are shown in boldface 
brackets and the parts of the bill to be inserted are shown in italic.)
                               H.R. 1905

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled, That the 
     following sums are appropriated, out of any money in the 
     Treasury not otherwise appropriated, for the fiscal year 
     ending September 30, 1996, for energy and water development, 
     and for other purposes, namely:
                                TITLE I

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

       The following appropriations shall be expended under the 
     direction of the Secretary of the Army and the supervision of 
     the Chief of Engineers for authorized civil functions of the 
     Department of the Army pertaining to rivers and harbors, 
     flood control, beach erosion, and related purposes.
                         General Investigations

       For expenses necessary for the collection and study of 
     basic information pertaining to river and harbor, flood 
     control, shore protection, and related projects, restudy of 
     authorized projects, miscellaneous investigations, and, when 
     authorized by laws, surveys and detailed studies and plans 
     and specifications of projects prior to construction, 
     [$129,906,000] $126,323,000, to remain available until 
     expended, of which funds are provided for the following 
     projects in the amounts specified:
       [Norco Bluffs, California, $375,000;
       [Indianapolis Central Waterfront, Indiana, $2,000,000;
       [Ohio River Greenway, Indiana, $1,000,000; and
       [Mussers Dam, Middle Creek, Snyder County, Pennsylvania, 
     $300,000]
       Norco Bluffs, California, $375,000;
       Indianapolis Central Waterfront, Indiana, $1,000,000;
       Kentucky Lock and Dam, Kentucky, $2,500,000; and
       West Virginia Port Development, West Virginia, $300,000.
                         construction, general

       For the prosecution of river and harbor, flood control, 
     shore protection, and related projects authorized by laws; 
     and detailed studies, and plans and specifications, of 
     projects (including those for development with participation 
     or under consideration for participation by States, local 
     governments, or private groups) authorized or made eligible 
     for selection by law (but such studies shall not constitute a 
     commitment of the Government to construction), [$807,846,000] 
     $778,456,000, to remain available until expended, of which 
     such sums as are necessary pursuant to Public Law 99-662 
     shall be derived from the Inland Waterways Trust Fund, for 
     one-half of the costs of construction and rehabilitation of 
     inland waterways projects, including rehabilitation costs for 
     the Lock and Dam 25, Mississippi River, Illinois and 
     Missouri, Lock and Dam 14, Mississippi River, Iowa, Lock and 
     Dam 24, Mississippi River, Illinois and Missouri, and GIWW-
     Brazos River Floodgates, Texas, projects, and of which funds 
     are provided for the following projects in the amounts 
     specified:
       [Red River Emergency Bank Protection, Arkansas and 
     Louisiana, $6,600,000;
       [Sacramento River Flood Control Project (Glenn-Colusa 
     Irrigation District), California, $300,000;
       [San Timoteo Creek (Santa Ana River Mainstem), California, 
     $5,000,000;
       [Indiana Shoreline Erosion, Indiana, $1,500,000;
       [Harlan (Levisa and Tug Forks of the Big Sandy River and 
     Upper Cumberland River), Kentucky, $12,000,000;
       [Williamsburg (Levisa and Tug Forks of the Big Sandy River 
     and Upper Cumberland River), Kentucky, $4,100,000;
       [Middlesboro (Levisa and Tug Forks of the Big Sandy River 
     and Upper Cumberland River), Kentucky, $1,600,000;
       [Salyersville, Kentucky, $500,000;
       [Lake Pontchartrain and Vicinity (Hurricane Protection), 
     Louisiana, $11,848,000;
       [Red River below Denison Dam Levee and Bank Stabilization, 
     Louisiana, Arkansas, and Texas, $3,800,000;
       [Broad Top Region, Pennsylvania, $4,100,000;
       [Glen Foerd, Pennsylvania, $200,000; and
       [Wallisville Lake, Texas, $5,000,000]
       Homer Spit, Alaska, repair and extend project, $3,800,000;
       McClellan-Kerr Arkansas River Navigation System, Arkansas, 
     $6,000,000: Provided, That $4,900,000 of such amount shall be 
     used for activities relating to Montgomery Point Lock and 
     Dam, Arkansas;
       Red River Emergency Bank Protection, Arkansas and 
     Louisiana, $6,600,000;
       Sacramento River Flood Control Project (Glenn-Colusa 
     Irrigation District), California, $300,000;
       Winfield, Kansas, $670,000;
       Harlan (Levisa and Tug Forks of the Big Sandy River and 
     Upper Cumberland River), Kentucky, $12,000,000;
       Williamsburg (Levisa and Tug Forks of the Big Sandy River 
     and Upper Cumberland River), Kentucky, $4,100,000;
       Middlesboro (Lesiva and Tug Forks of the Big Sandy River 
     and Upper Cumberland River), Kentucky, $1,600,000;
       Salyersville, Kentucky, $500,000;
       Lake Pontchartrain and Vicinity (Hurricane Protection), 
     Louisiana, $11,838,000;
       Ouachita River Levees, Louisiana, $2,300,000;
       Red River below Denison Dam Levee and Bank Stabilization, 
     Louisiana, Arkansas, and Texas, $2,000,000;
       Roughans Point, Massachusetts, $710,000;
       Ste. Genevieve, Missouri, $1,000,000;
       Broad Top Region, Pennsylvania, $2,000,000;
       Glen Foerd, Pennsylvania, $200,000;
       Wallisville Lake, Texas, $5,000,000;
       Hatfield Bottom (Levisa and Tug Forks of the Big Sandy 
     River and Upper Cumberland River), West Virginia, $200,000; 
     and
       Upper Mingo (Levisa and Tug Forks of the Big Sandy River 
     and Upper Cumberland River, West Virginia, $2,000,000: 
     Provided, That the Secretary of the Army, acting through the 
     Chief of Engineers, shall transfer $1,120,000 of the 
     Construction, General funds appropriated in this Act to the 
     Secretary of the Interior and the Secretary of the Interior 
     shall accept and expend such funds for performing operation 
     and maintenance activities at the Columbia River Fishing 
     Access Sites to be constructed by the Department of the Army 
     at Cascade Locks, Oregon; Lone Pine, Oregon; Underwood, 
     Washington; and the Bonneville Treaty Fishing Access Site, 
     Washington.
   flood  control,  mississippi  river  and  tributaries,  arkansas, 
  illinois, kentucky, louisiana, mississippi, missouri, and tennessee

       For expenses necessary for prosecuting work of flood 
     control, and rescue work, repair, restoration, or maintenance 
     of flood control projects threatened or destroyed by flood, 
     as authorized by law (33 U.S.C. 702a, 702g-1), $307,885,000, 
     to remain available until expended.
                   operation and maintenance, general

       For expenses necessary for the preservation, operation, 
     maintenance, and care of existing river and harbor, flood 
     control, and related works, including such sums as may be 
     necessary for the maintenance of harbor channels provided by 
     a State, municipality or other public agency, outside of 
     harbor lines, and serving essential needs of general commerce 
     and navigation; surveys and charting of northern and 
     northwestern lakes and connecting waters; clearing and 
     straightening channels; and removal of obstructions to 
     navigation, [$1,712,123,000] $1,696,998,000, to remain 
     available until expended, of which such sums as become 
     available in the Harbor Maintenance Trust Fund, 

[[Page S 10919]]
     pursuant to Public Law 99-662, may be derived from that fund, and of 
     which such sums as become available from the special account 
     established by the Land and Water Conservation Act of 1965, 
     as amended (16 U.S.C. 460l), may be derived from that fund 
     for construction, operation, and maintenance of outdoor 
     recreation facilities: Provided, That not to exceed 
     $5,000,000 shall be available for obligation for national 
     emergency preparedness programs: Provided further, That 
     [$5,926,000] $3,426,000 of the funds appropriated herein are 
     provided for the Raystown Lake, Pennsylvania, project: 
     Provided further, That the Secretary of the Army is directed 
     during fiscal year 1996 to maintain a minimum conservation 
     pool level of 475.5 at Wister Lake in Oklahoma.
                           regulatory program

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

       For expenses necessary for emergency flood control, 
     hurricane, and shore protection activities, as authorized by 
     section 5 of the Flood Control Act approved August 18, 1941, 
     as amended, $10,000,000, to remain available until expended.
                           oil spill research

       For expenses necessary to carry out the purposes of the Oil 
     Spill Liability Trust Fund, pursuant to Title VII of the Oil 
     Pollution Act of 1990, $850,000, to be derived from the Fund 
     and to remain available until expended.
                            general expenses

       For expenses necessary for general administration and 
     related functions in the Office of the Chief of Engineers and 
     offices of the Division Engineers; activities of the Coastal 
     Engineering Research Board, the Humphreys Engineer Center 
     Support Activity, the Engineering Strategic Studies Center, 
     and the Water Resources Support Center, [$150,000,000] 
     $153,000,000, to remain available until expended: Provided, 
     [That not to exceed $60,000,000 of the funds provided in this 
     Act shall be available for general administration and related 
     functions in the Office of the Chief of Engineers: Provided 
     further,] That no part of any other appropriation provided in 
     title I of this Act shall be available to fund the activities 
     of the Office of the Chief of Engineers or the executive 
     direction and management activities of the Division Offices: 
     Provided further, That with funds provided herein and 
     notwithstanding any other provision of law, the Secretary of 
     the Army shall develop and submit to the Congress within 60 
     days of enactment of this Act, a plan which reduces the 
     number of division offices within the United States Army 
     Corps of Engineers to no less than 6 and no more than 8, with 
     each division responsible for at least 4 district offices, 
     but does not close or change the function of any district 
     office: Provided further, That notwithstanding any other 
     provision of law, the Secretary of the Army is directed to 
     begin implementing the division office plan on August 15, 
     1996, and such plan shall be implemented prior to October 1, 
     1997.
                       administrative provisions

       Appropriations in this title shall be available for 
     official reception and representation expenses (not to exceed 
     $5,000); and during the current fiscal year the revolving 
     fund, Corps of Engineers, shall be available for purchase 
     (not to exceed 100 for replacement only) and hire of 
     passenger motor vehicles.

                           GENERAL PROVISION

                       Corps of Engineers--Civil
       [Sec. 101. (a) In fiscal year 1996, the Secretary of the 
     Army shall advertise for competitive bid at least 7,500,000 
     cubic yards of the hopper dredge volume accomplished with 
     government-owned dredges in fiscal year 1992.
       [(b) Notwithstanding the provisions of this section, the 
     Secretary is authorized to use the dredge fleet of the Corps 
     of Engineers to undertake projects when industry does not 
     perform as required by the contract specifications or when 
     the bids are more than 25 percent in excess of what the 
     Secretary determines to be a fair and reasonable estimated 
     cost of a well equipped contractor doing the work or to 
     respond to emergency requirements.
       [(c) None of the funds appropriated herein or otherwise 
     made available to the Army Corps of Engineers, including 
     amounts contained in the Revolving Fund of the Army Corps of 
     Engineers, may be used to study, design or undertake 
     improvement or major repair of the Federal vessel, 
     McFARLAND.]
       Sec. 101. (a) In fiscal year 1996, the Secretary of the 
     Army shall advertise for competitive bid at least 7,500,000 
     cubic yards of the hopper dredge volume accomplished with 
     government owned dredges in fiscal year 1992.
       (b) Notwithstanding the provisions of this section, the 
     Secretary is authorized to use the dredge fleet of the Corps 
     of Engineers to undertake projects when industry does not 
     perform as required by the contract specifications or when 
     the bids are more than 25 percent in excess of what the 
     Secretary determines to be a fair and reasonable estimated 
     cost of a well equipped contractor doing the work or to 
     respond to emergency requirements.
       (c) None of the funds appropriated herein or otherwise made 
     available to the Army Corps of Engineers, including amounts 
     contained in the Revolving Fund of the Army Corps of 
     Engineers, may be used to study, design or undertake 
     improvements or major repair of the Federal vessel, 
     McFARLAND, except for normal maintenance and repair necessary 
     to maintain the vessel McFARLAND's current operational 
     condition.
       (d) If any of the four Corps of Engineers hopper dredges is 
     removed from normal service for repair or rehabilitation and 
     such repair prevents the dredge from accomplishing its volume 
     of work regularly carried out in each of the past three 
     years, the Corps of Engineers shall reduce the 7,500,000 
     cubic yards of hopper dredge volume contained in subsection 
     (a) of this section by the proportional amount of work which 
     had been allocated to such dredge over the past three fiscal 
     years in calculating the reduction in Corps dredging work 
     required to implement subsection (a).
       [Sec. 102. (a) Sand and Stone Cap in Navigation Project at 
     Manistique Harbor, Michigan.--The project for navigation, 
     Manistique Harbor, Schoolcraft County, Michigan, authorized 
     by the first section of the Act entitled ``An Act making 
     appropriations for the construction, repair, and preservation 
     of certain public works on rivers and harbors, and for other 
     purposes'', approved March 3, 1905 (33 Stat. 1136), is 
     modified to permit installation of a sand and stone cap over 
     sediments affected by polychlorinated biphenyls in accordance 
     with an administrative order of the Environmental Protection 
     Agency.
       [(b) Project Depth.--
       [(1) In general.--Except as provided in paragraph (2), the 
     project described in subsection (a) is modified to provide 
     for an authorized depth of 18 feet.
       [(2) Exception.--The authorized depth shall be 12.5 feet in 
     the areas where the sand and stone cap described in 
     subsection (a) will be placed within the following 
     coordinates: 4220N-2800E to 4220N-3110E to 3980N-3260E to 
     3190N-3040E to 2960N-2560E to 3150N-2300E to 3680N-2510E to 
     3820N-2690E and back to 4220N-2800E.
       [(c) Harbor of Refuge.--The project described in subsection 
     (a), including the breakwalls, pier, and authorized depth of 
     the project (as modified by subsection (b)), shall continue 
     to be maintained as a harbor of refuge.]
       Sec. 103. None of the funds appropriated herein or 
     otherwise available to the Army Corps of Engineers, may be 
     used to assist, guide, coordinate, administer; prepare for 
     occupancy of; or acquire furnishings for or in preparation of 
     a movement to the Southeast Federal Center.
                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project


                central utah project completion account

       For the purpose of carrying out provisions of the Central 
     Utah Project Completion Act, Public Law 102-575 (106 Stat. 
     4605), and for feasibility studies of alternatives to the 
     Uintah and Upalco Units, $42,893,000, to remain available 
     until expended, of which $23,503,000 shall be deposited into 
     the Utah Reclamation Mitigation and Conservation Account: 
     Provided, That of the amounts deposited into the Account, 
     $5,000,000 shall be considered the Federal Contribution 
     authorized by paragraph 402(b)(2) of the Act and $18,503,000 
     shall be available to the Utah Reclamation Mitigation and 
     Conservation Commission to carry out activities authorized 
     under the Act.
       In addition, for necessary expenses incurred in carrying 
     out responsibilities of the Secretary of the Interior under 
     the Act, $1,246,000, to remain available until expended.
                         Bureau of Reclamation

       For carrying out the functions of the Bureau of Reclamation 
     as provided in the Federal reclamation laws (Act of June 17, 
     1902, 32 Stat. 388, and Acts amendatory thereof or 
     supplementary thereto) and other Acts applicable to that 
     Bureau as follows:


                         general investigations

       For engineering and economic investigations of proposed 
     Federal reclamation projects and studies of water 
     conservation and development plans and activities preliminary 
     to the reconstruction, rehabilitation and betterment, 
     financial adjustment, or extension of existing projects, to 
     remain available until expended, [$13,114,000] $11,234,000: 
     Provided, That, of the total appropriated, the amount for 
     program activities which can be financed by the reclamation 
     fund shall be derived from that fund: Provided further, That 
     funds contributed by non-Federal entities for purposes 
     similar to this appropriation shall be available for 
     expenditure for the purposes for which contributed as though 
     specifically appropriated for said purposes, and such amounts 
     shall remain available until expended.


                          construction program

                     (including transfer of funds)

       For construction and rehabilitation of projects and parts 
     thereof (including power transmission facilities for Bureau 
     of Reclamation use) and for other related activities as 
     authorized by law, to remain available until expended, 
     [$417,301,000] $390,461,000, of which $27,049,000 shall be 
     available for transfer to the Upper Colorado River Basin Fund 
     authorized by section 5 of the Act of April 11, 1956 (43 
     U.S.C. 620d), and [$94,225,000] $92,725,000 shall be 
     available for transfer to the Lower Colorado River Basin 
     Development Fund authorized by section 403 of the Act of 
     September 30, 1968 (43 U.S.C. 1543), and such amounts as may 
     be necessary shall be considered as though advanced to the 
     Colorado River Dam Fund for the Boulder Canyon Project as 
     authorized by the Act of December 21, 1928, as amended: 
     Provided, That of the total appropriated, the amount for 
     program activities which can be financed by 

[[Page S 10920]]
     the reclamation fund shall be derived from that fund: Provided further, 
     That transfers to the Upper Colorado River Basin Fund and 
     Lower Colorado River Basin Development Fund may be increased 
     or decreased by transfers within the overall appropriation 
     under this heading: Provided further, That funds contributed 
     by non-Federal entities for purposes similar to this 
     appropriation shall be available for expenditure for the 
     purposes for which contributed as though specifically 
     appropriated for said purposes, and such funds shall remain 
     available until expended: Provided further, That all costs of 
     the safety of dams modification work at Coolidge Dam, San 
     Carlos Irrigation Project, Arizona, performed under the 
     authority of the Reclamation Safety of Dams Act of 1978 (43 
     U.S.C. 506), as amended, are in addition to the amount 
     authorized in section 5 of said Act.
                       operation and maintenance

       For operation and maintenance of reclamation projects or 
     parts thereof and other facilities, as authorized by law; and 
     for a soil and moisture conservation program on lands under 
     the jurisdiction of the Bureau of Reclamation, pursuant to 
     law, to remain available until expended, [$278,759,000] 
     $267,393,000: Provided, That of the total appropriated, the 
     amount for program activities which can be financed by the 
     reclamation fund shall be derived from that fund, and the 
     amount for program activities which can be derived from the 
     special fee account established pursuant to the Act of 
     December 22, 1987 (16 U.S.C. 460l-6a, as amended), may be 
     derived from that fund: Provided further, That funds advanced 
     by water users for operation and maintenance of reclamation 
     projects or parts thereof shall be deposited to the credit of 
     this appropriation and may be expended for the same purpose 
     and in the same manner as sums appropriated herein may be 
     expended, and such advances shall remain available until 
     expended: Provided further, That revenues in the Upper 
     Colorado River Basin Fund shall be available for performing 
     examination of existing structures on participating projects 
     of the Colorado River Storage Project.
               bureau of reclamation loan program account

       For the cost of direct loans and/or grants, $11,243,000, to 
     remain available until expended, as authorized by the Small 
     Reclamation Projects Act of August 6, 1956, as amended (43 
     U.S.C. 422a-422l): Provided, That such costs, including the 
     cost of modifying such loans, shall be as defined in section 
     502 of the Congressional Budget Act of 1974: Provided 
     further, That these funds are available to subsidize gross 
     obligations for the principal amount of direct loans not to 
     exceed $37,000,000.
       In addition, for administrative expenses necessary to carry 
     out the program for direct loans and/or grants, $425,000: 
     Provided, That of the total sums appropriated, the amount of 
     program activities which can be financed by the reclamation 
     fund shall be derived from the fund.
                central valley project restoration fund

       For carrying out the programs, projects, plans, and habitat 
     restoration, improvement, and acquisition provisions of the 
     Central Valley Project Improvement Act, to remain available 
     until expended, such sums as may be collected in the Central 
     Valley Project Restoration Fund pursuant to sections 3407(d), 
     3404(c)(3), 3405(f) and 3406(c)(1) of Public Law 102-575: 
     Provided, That the Bureau of Reclamation is directed to levy 
     additional mitigation and restoration payments totaling 
     $30,000,000 (October 1992 price levels) on a three-year 
     rolling average basis, as authorized by section 3407(d) of 
     Public Law 102-575.
                    general administrative expenses

       For necessary expenses of general administration and 
     related functions in the office of the Commissioner, the 
     Denver office, and offices in the five regions of the Bureau 
     of Reclamation, $48,150,000, of which $1,400,000 shall remain 
     available until expended, the total amount to be derived from 
     the reclamation fund and to be nonreimbursable pursuant to 
     the Act of April 19, 1945 (43 U.S.C. 377): Provided, That no 
     part of any other appropriation in this Act shall be 
     available for activities or functions budgeted for the 
     current fiscal year as general administrative expenses.
                             special funds

                          (transfer of funds)

       Sums herein referred to as being derived from the 
     reclamation fund or special fee account are appropriated from 
     the special funds in the Treasury created by the Act of June 
     17, 1902 (43 U.S.C. 391) or the Act of December 22, 1987 (16 
     U.S.C. 460l-6a, as amended), respectively. Such sums shall be 
     transferred, upon request of the Secretary, to be merged with 
     and expended under the heads herein specified; and the 
     unexpended balances of sums transferred for expenditure under 
     the head ``General Administrative Expenses'' shall revert and 
     be credited to the reclamation fund.
                        administrative provision

       Appropriations for the Bureau of Reclamation shall be 
     available for purchase of not to exceed 9 passenger motor 
     vehicles for replacement only.
                               TITLE III

                          DEPARTMENT OF ENERGY

           Energy Supply, Research and Development Activities

       For expenses of the Department of Energy activities 
     including the purchase, construction and acquisition of plant 
     and capital equipment and other expenses incidental thereto 
     necessary for energy supply, research and development 
     activities, and other activities in carrying out the purposes 
     of the Department of Energy Organization Act (42 U.S.C. 7101, 
     et seq.), including the acquisition or condemnation of any 
     real property or any facility or for plant or facility 
     acquisition, construction, or expansion; purchase of 
     passenger motor vehicles (not to exceed 25, of which 19 are 
     for replacement only), [$2,576,700,000 (less $1,000,000)] 
     $2,798,324,000, to remain available until expended[: 
     Provided, That, of such amount, $44,772,000 shall be 
     available to implement the provisions of section 1211 of the 
     Energy Policy Act of 1992 (42 U.S.C. 13316)].
                Uranium Supply and Enrichment Activities

       For expenses of the Department of Energy in connection with 
     operating expenses; the purchase, construction, and 
     acquisition of plant and capital equipment and other expenses 
     incidental thereto necessary for uranium supply and 
     enrichment activities in carrying out the purposes of the 
     Department of Energy Organization Act (42 U.S.C. 7101, et 
     seq.) and the Energy Policy Act (Public Law 102-486, section 
     901), including the acquisition or condemnation of any real 
     property or any facility or for plant or facility 
     acquisition, construction, or expansion; purchase of 
     electricity as necessary; $64,197,000, to remain available 
     until expended: Provided, That revenues received by the 
     Department for uranium programs and estimated to total 
     $34,903,000 in fiscal year 1996 shall be retained and used 
     for the specific purpose of offsetting costs incurred by the 
     Department for such activities notwithstanding the provisions 
     of 31 U.S.C. 3302(b) and 42 U.S.C. 2296(b)(2): Provided 
     further, That the sum herein appropriated shall be reduced as 
     revenues are received during fiscal year 1996 so as to result 
     in a final fiscal year 1996 appropriation estimated at not 
     more than $29,294,000.

      Uranium Enrichment Decontamination and Decommissioning Fund

       For necessary expenses in carrying out uranium enrichment 
     facility decontamination and decommissioning, remedial 
     actions and other activities of title II of the Atomic Energy 
     Act of 1954 and title X, subtitle A of the Energy Policy Act 
     of 1992, $278,807,000, to be derived from the fund, to remain 
     available until expended: Provided, That at least $42,000,000 
     of amounts derived from the fund for such expenses shall be 
     expended in accordance with title X, subtitle A, of the 
     Energy Policy Act of 1992.
                General Science and Research Activities

       For expenses of the Department of Energy activities 
     including the purchase, construction and acquisition of plant 
     and capital equipment and other expenses incidental thereto 
     necessary for general science and research activities in 
     carrying out the purposes of the Department of Energy 
     Organization Act (42 U.S.C. 7101, et seq.), including the 
     acquisition or condemnation of any real property or facility 
     or for plant or facility acquisition, construction, or 
     expansion; purchase of passenger motor vehicles (not to 
     exceed 12 for replacement only), [$991,000,000] $971,000,000, 
     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, $226,600,000, to remain available until expended, 
     to be derived from the Nuclear Waste Fund.]
       For the nuclear waste disposal activities to carry out the 
     purposes of Public Law 97-425, as amended, including the 
     acquisition of real property or facility construction or 
     expansion, $151,600,000 to remain available until expended, 
     to be derived from the Nuclear Waste Fund: Provided, That of 
     the amount herein appropriated together with the amount 
     provided in the Defense Nuclear Waste Disposal Appropriation 
     contained in this title, within available funds, no more than 
     $250,000,000 shall be available to continue, at a reduced 
     level, the technical site characterization effort and to 
     retain deferred licensing capability at the Yucca Mountain 
     site: Provided further, That the facility for the initial 
     storage of no more than 40,000 metric tons of uranium at a 
     site to be determined by the President shall be licensed by 
     the Nuclear Regulatory Commission for an unspecified period, 
     in accordance with its regulations governing the licensing of 
     independent spent fuel storage installations, without regard 
     to sections 148(a) and 148(d) of Public Law 97-425: Provided 
     further, That the facility shall be expandable for the 
     subsequent transportation and interim storage of up to 
     100,000 metric tons of uranium and shall be operational in 
     the 1998 timeframe, consistent with sections 135(a)(1)(B), 
     135(a)(4), 137(a), 141(a), 148(a), 148(b), and 148(c) of 
     Public Law 97-425, but without regard to sections 131(a)(3), 
     131(b)(2), 135(a)(1), 135(a)(2), 135(d), 135(e), 141(g), 145, 
     146, 148(d)(1), 148(d)(3), and 148(d)(4) of Public Law 97-
     425: Provided further, That the director shall review the 
     program's institutional activities, including all cooperative 
     agreements, international commitments, and university 
     assistance, and shall make available to these entities 
     amounts commensurate with the revised program for nuclear 
     waste disposal activities: Provided further, That any funds 
     provided to the State of Nevada are for the sole purpose of 
     conduct of its scientific oversight responsibilities pursuant 
     to Public Law 97-425, as amended: Provided further, That none 
     of the funds herein appropriated may be used directly or 
     indirectly to influence legislative action on 

[[Page S 10921]]
     any matter pending before Congress or a State legislature or for any 
     lobbying activity as provided in section 1913 of title 18, 
     United States Code: Provided further, That the Secretary 
     shall submit to the Congress within 90 days a revised program 
     plan and schedule, including a new five-year budget, that 
     addresses the construction and operation of the interim 
     storage capability, the revised site characterization program 
     at the Yucca Mountain site, and the results of the Director's 
     review of the program's institutional activities.
                    Atomic Energy Defense Activities


                           weapons activities

       For Department of Energy expenses, including the purchase, 
     construction and acquisition of plant and capital equipment 
     and other incidental expenses necessary for atomic energy 
     defense weapons activities in carrying out the purposes of 
     the Department of Energy Organization Act (42 U.S.C. 7101, et 
     seq.), including the acquisition or condemnation of any real 
     property or any facility or for plant or facility 
     acquisition, construction, or expansion; and the purchase of 
     passenger motor vehicles (not to exceed 79, of which 76 are 
     for replacement only, including one police-type vehicle), 
     [$3,273,014,000] $3,751,719,000, to remain available until 
     expended.
         defense environmental restoration and waste management

       For Department of Energy expenses, including the purchase, 
     construction and acquisition of plant and capital equipment 
     and other incidental expenses necessary for atomic energy 
     defense environmental restoration and waste management 
     activities in carrying out the purposes of the Department of 
     Energy Organization Act (42 U.S.C. 7101, et seq.), including 
     the acquisition or condemnation of any real property or any 
     facility or for plant or facility acquisition, construction, 
     or expansion; and the purchase of passenger motor vehicles 
     (not to exceed 7 for replacement only), [$5,265,478,000] 
     $5,989,750,000, to remain available until expended.
                        other defense activities

       For Department of Energy expenses, including the purchase, 
     construction and acquisition of plant and capital equipment 
     and other incidental expenses necessary for atomic energy 
     defense, other defense activities in carrying out the 
     purposes of the Department of Energy Organization Act (42 
     U.S.C. 7101, et seq.), including the acquisition or 
     condemnation of any real property or any facility or for 
     plant or facility acquisition, construction, or expansion 
     [$1,323,841,000] $1,439,112,000, to remain available until 
     expended.
                     defense nuclear waste disposal

       For nuclear waste disposal activities to carry out the 
     purposes of Public Law 97-425, as amended, including the 
     acquisition of real property or facility construction or 
     expansion, [$198,400,000] $248,400,000, to remain available 
     until expended, all of which shall be used in accordance with 
     the terms and conditions of the Nuclear Waste Fund 
     appropriation of the Department of Energy contained in this 
     title.
                      Departmental Administration

       For salaries and expenses of the Department of Energy 
     necessary for Departmental Administration and other 
     activities in carrying out the purposes of the Department of 
     Energy Organization Act (42 U.S.C. 7101, et seq.), including 
     the hire of passenger motor vehicles and official reception 
     and representation expenses (not to exceed $35,000), 
     [$362,250,000] $377,126,000, to remain available until 
     expended, plus such additional amounts as necessary to cover 
     increases in the estimated amount of cost of work for others 
     notwithstanding the provisions of the Anti-Deficiency Act (31 
     U.S.C. 1511, et seq.): Provided, That such increases in cost 
     of work are offset by revenue increases of the same or 
     greater amount, to remain available until expended: Provided 
     further, That moneys received by the Department for 
     miscellaneous revenues estimated to total [$122,306,000] 
     $137,306,000 in fiscal year 1996 may be retained and used for 
     operating expenses within this account, and may remain 
     available until expended, as authorized by section 201 of 
     Public Law 95-238, notwithstanding the provisions of section 
     3302 of title 31, United States Code: Provided further, That 
     the sum herein appropriated shall be reduced by the amount of 
     miscellaneous revenues received during fiscal year 1996 so as 
     to result in a final fiscal year 1996 appropriation estimated 
     at not more than [$239,944,000] $239,820,000.
                    Office of the Inspector General

       For necessary expenses of the Office of the Inspector 
     General in carrying out the provisions of the Inspector 
     General Act of 1978, as amended, [$26,000,000] $25,000,000, 
     to remain available until expended.
                    POWER MARKETING ADMINISTRATIONS

         Operation and Maintenance, Alaska Power Administration

       For necessary expenses of operation and maintenance of 
     projects in Alaska and of marketing electric power and 
     energy, $4,260,000, to remain available until expended.
                  Bonneville Power Administration Fund

       Expenditures from the Bonneville Power Administration Fund, 
     established pursuant to Public Law 93-454, are approved for 
     official reception and representation expenses in an amount 
     not to exceed $3,000.
       During fiscal year 1996, no new direct loan obligations may 
     be made.
      Operation and Maintenance, Southeastern Power Administration

       For necessary expenses of operation and maintenance of 
     power transmission facilities and of marketing electric power 
     and energy pursuant to the provisions of section 5 of the 
     Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the 
     southeastern power area, $19,843,000, to remain available 
     until expended.
      Operation and Maintenance, Southwestern Power Administration

       For necessary expenses of operation and maintenance of 
     power transmission facilities and of marketing electric power 
     and energy, and for construction and acquisition of 
     transmission lines, substations and appurtenant facilities, 
     and for administrative expenses, including official reception 
     and representation expenses in an amount not to exceed $1,500 
     connected therewith, in carrying out the provisions of 
     section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), 
     as applied to the southwestern power area, $29,778,000, to 
     remain available until expended; in addition, notwithstanding 
     the provisions of 31 U.S.C. 3302, not to exceed $4,272,000 in 
     reimbursements, to remain available until expended.
 Construction, Rehabilitation, Operation and Maintenance, Western Area 
                          Power Administration


                     (including transfer of funds)

       For carrying out the functions authorized by title III, 
     section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 
     7101, et seq.), and other related activities including 
     conservation and renewable resources programs as authorized, 
     including official reception and representation expenses in 
     an amount not to exceed $1,500, $257,652,000, to remain 
     available until expended, of which $245,151,000 shall be 
     derived from the Department of the Interior Reclamation fund: 
     Provided, That of the amount herein appropriated, $5,283,000 
     is for deposit into the Utah Reclamation Mitigation and 
     Conservation Account pursuant to title IV of the Reclamation 
     Projects Authorization and Adjustment Act of 1992: Provided 
     further, That the Secretary of the Treasury is authorized to 
     transfer from the Colorado River Dam Fund to the Western Area 
     Power Administration $4,556,000 to carry out the power 
     marketing and transmission activities of the Boulder Canyon 
     project as provided in section 104(a)(4) of the Hoover Power 
     Plant Act of 1984, to remain available until expended.
           Falcon and Amistad Operating and Maintenance Fund

       For operation, maintenance, and emergency costs for the 
     hydroelectric facilities at the Falcon and Amistad Dams, 
     $1,000,000, to remain available until expended and to be 
     derived from the Falcon and Amistad Operating and Maintenance 
     Fund of the Western Area Power Administration, as provided in 
     section 423 of the Foreign Relations Authorization Act, 
     fiscal years 1994 and 1995.
                  Federal Energy Regulatory Commission


                         salaries and expenses

       For necessary expenses of the Federal Energy Regulatory 
     Commission to carry out the provisions of the Department of 
     Energy Organization Act (42 U.S.C. 7101, et seq.), including 
     services as authorized by 5 U.S.C. 3109, including the hire 
     of passenger motor vehicles; official reception and 
     representation expenses (not to exceed $3,000); 
     [$132,290,000] $131,290,000, to remain available until 
     expended: Provided, That notwithstanding any other provision 
     of law, not to exceed [$132,290,000] $131,290,000 of revenues 
     from fees and annual charges, and other services and 
     collections in fiscal year 1996, shall be retained and used 
     for necessary expenses in this account, and shall remain 
     available until expended: Provided further, That the sum 
     herein appropriated shall be reduced as revenues are received 
     during fiscal year 1996 so as to result in a final fiscal 
     year 1996 appropriation estimated at not more than $0.
                                TITLE IV

                          INDEPENDENT AGENCIES

                    APPALACHIAN REGIONAL COMMISSION

       For expenses necessary to carry out the programs authorized 
     by the Appalachian Regional Development Act of 1965, as 
     amended, notwithstanding section 405 of said Act, and for 
     necessary expenses for the Federal Co-Chairman and the 
     alternate on the Appalachian Regional Commission and for 
     payment of the Federal share of the administrative expenses 
     of the Commission, including services as authorized by 
     section 3109 of title 5, United States Code, and hire of 
     passenger motor vehicles, to remain available until expended, 
     [$142,000,000] $182,000,000.
                DEFENSE NUCLEAR FACILITIES SAFETY BOARD

                         Salaries and Expenses

       For necessary expenses of the Defense Nuclear Facilities 
     Safety Board in carrying out activities authorized by the 
     Atomic Energy Act of 1954, as amended by Public Law 100-456, 
     section 1441, $17,000,000, to remain available until 
     expended.
                    DELAWARE RIVER BASIN COMMISSION

                         Salaries and Expenses

       For expenses necessary to carry out the functions of the 
     United States member of the Delaware River Basin Commission, 
     as authorized by law (75 Stat. 716), $343,000.

            Contribution to Delaware River Basin Commission

       For payment of the United States share of the current 
     expenses of the Delaware River Basin 

[[Page S 10922]]
     Commission, as authorized by law (75 Stat. 706, 707), $478,000.

            INTERSTATE COMMISSION ON THE POTOMAC RIVER BASIN

    Contribution to Interstate Commission on the Potomac River Basin

       To enable the Secretary of the Treasury to pay in advance 
     to the Interstate Commission on the Potomac River Basin the 
     Federal contribution toward the expenses of the Commission 
     during the current fiscal year in the administration of its 
     business in the conservancy district established pursuant to 
     the Act of July 11, 1940 (54 Stat. 748), as amended by the 
     Act of September 25, 1970 (Public Law 91-407), $511,000.
                     NUCLEAR REGULATORY COMMISSION

                         Salaries and Expenses


                     (including transfer of funds)

       For necessary expenses of the Commission in carrying out 
     the purposes of the Energy Reorganization Act of 1974, as 
     amended, and the Atomic Energy Act of 1954, as amended, 
     including the employment of aliens; services authorized by 
     section 3109 of title 5, United States Code; publication and 
     dissemination of atomic information; purchase, repair, and 
     cleaning of uniforms, official representation expenses (not 
     to exceed $20,000); reimbursements to the General Services 
     Administration for security guard services; hire of passenger 
     motor vehicles and aircraft, [$468,300,000] $474,300,000, to 
     remain available until expended, of which [$11,000,000] 
     $17,000,000 shall be derived from the Nuclear Waste Fund: 
     Provided, That from this appropriation, transfer of sums may 
     be made to other agencies of the Government for the 
     performance of the work for which this appropriation is made, 
     and in such cases the sums so transferred may be merged with 
     the appropriation to which transferred: Provided further, 
     That moneys received by the Commission for the cooperative 
     nuclear safety research program, services rendered to foreign 
     governments and international organizations, and the material 
     and information access authorization programs, including 
     criminal history checks under section 149 of the Atomic 
     Energy Act of 1954, as amended, may be retained and used for 
     salaries and expenses associated with those activities, 
     notwithstanding 31 U.S.C. 3302, and shall remain available 
     until expended: Provided further, That revenues from 
     licensing fees, inspection services, and other services and 
     collections estimated at $457,300,000 in fiscal year 1996 
     shall be retained and used for necessary salaries and 
     expenses in this account, notwithstanding 31 U.S.C. 3302, and 
     shall remain available until expended: Provided further, That 
     the sum herein appropriated shall be reduced by the amount of 
     revenues received during fiscal year 1996 from licensing 
     fees, inspection services and other services and collections, 
     excluding those moneys received for the cooperative nuclear 
     safety research program, services rendered to foreign 
     governments and international organizations, and the material 
     and information access authorization programs, so as to 
     result in a final fiscal year 1996 appropriation estimated at 
     not more than [$11,000,000] $17,000,000.
                      Office of Inspector General


                     (including transfer of funds)

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, as amended, including services authorized by section 
     3109 of title 5, United States Code, $5,000,000, to remain 
     available until expended; and in addition, an amount not to 
     exceed 5 percent of this sum may be transferred from Salaries 
     and Expenses, Nuclear Regulatory Commission: Provided, That 
     notice of such transfers shall be given to the Committees on 
     Appropriations of the House and Senate: Provided further, 
     That from this appropriation, transfers of sums may be made 
     to other agencies of the Government for the performance of 
     the work for which this appropriation is made, and in such 
     cases the sums so transferred may be merged with the 
     appropriation to which transferred: Provided further, That 
     revenues from licensing fees, inspection services, and other 
     services and collections shall be retained and used for 
     necessary salaries and expenses in this account, 
     notwithstanding 31 U.S.C. 3302, and shall remain available 
     until expended: Provided further, That the sum herein 
     appropriated shall be reduced by the amount of revenues 
     received during fiscal year 1996 from licensing fees, 
     inspection services, and other services and collections, so 
     as to result in a final fiscal year 1996 appropriation 
     estimated at not more than $0.
                  NUCLEAR WASTE TECHNICAL REVIEW BOARD

                         Salaries and Expenses


                     (including transfer of funds)

       For necessary expenses of the Nuclear Waste Technical 
     Review Board, as authorized by Public Law 100-203, section 
     5051, [$2,531,000] $2,664,000, to be transferred from the 
     Nuclear Waste Fund and to remain available until expended.
                   SUSQUEHANNA RIVER BASIN COMMISSION

                         Salaries and Expenses

       For expenses necessary to carry out the functions of the 
     United States member of the Susquehanna River Basin 
     Commission as authorized by law (84 Stat. 1541), $318,000.

           Contribution to Susquehanna River Basin Commission

       For payment of the United States share of the current 
     expenses of the Susquehanna River Basin Commission, as 
     authorized by law (84 Stat. 1530, 1531), $288,000.
                       TENNESSEE VALLEY AUTHORITY

                    Tennessee Valley Authority Fund

       For the purpose of carrying out the provisions of the 
     Tennessee Valley Authority Act of 1933, as amended (16 U.S.C. 
     ch. 12A), including purchase, hire, maintenance, and 
     operation of aircraft, and purchase and hire of passenger 
     motor vehicles, [$103,339,000] $110,339,000, to remain 
     available until expended.

                                TITLE V

                           GENERAL PROVISIONS
       [Sec. 501. Sec. 505 of Public Law 102-377, the Fiscal Year 
     1993 Energy and Water Development Appropriations Act, and 
     section 208 of Public Law 99-349, the Urgent Supplemental 
     Appropriations Act, 1986, are repealed.
       [Sec. 502. Sec. 510 of Public Law 101-514, the Fiscal Year 
     1991 Energy and Water Development Appropriations Act, is 
     repealed.]
       Sec. 503. Without fiscal year limitation and 
     notwithstanding section 502(b)(5) of the Nuclear Waste Policy 
     Act, as amended, or any other provision of law, a member of 
     the Nuclear Waste Technical Review Board whose term has 
     expired may continue to serve as a member of the Board until 
     such member's successor has taken office.
       [Sec. 504. None of the funds made available in this Act may 
     be used for any program, project, or activity, when it is 
     made known to the Federal entity or official to which the 
     funds are made available that the program, project, or 
     activity is not in compliance with any applicable Federal law 
     relating to risk assessment, the protection of private 
     property rights, or unfunded mandates.]
       Sec. 505. (a) Purchase of American-Made Equipment and 
     Products.--It is the sense of the Congress that, to the 
     greatest extent practicable, all equipment and products 
     purchased with funds made available in this Act should be 
     American-made.
       (b) Notice Requirement.--In providing financial assistance 
     to, or entering into any contract with, any entity using 
     funds made available in this Act, the head of each Federal 
     agency, to the greatest extent practicable, shall provide to 
     such entity a notice describing the statement made in 
     subsection (a) by the Congress.
       Sec. 506. None of the funds made available in this Act may 
     be used to revise the Missouri River Master Water Control 
     Manual when it is made known to the Federal entity or 
     official to which the funds are made available that such 
     revision provides for an increase in the springtime water 
     release program during the spring heavy rainfall and snow 
     melt period in States that have rivers draining into the 
     Missouri River below the Gavins Point Dam.
       [Sec. 507. The amount otherwise provided in this Act for 
     the following account is hereby reduced by the following 
     amount:
       [(1) ``Nuclear Waste Disposal Fund'', aggregate amount, 
     $1,000.
       [Sec. 508. None of the funds made available in this Act for 
     the Army Corps of Engineers Upper Mississippi River-Illinois 
     Waterway System Navigation Study may be used to study any 
     portion of the Upper Mississippi River located above Lock and 
     Dam 14 at Moline, Illinois, and Bettendorf, Iowa, except that 
     the limitation in this section shall not apply to the 
     conducting of any system-wide environmental baseline study 
     pursuant to the National Environmental Policy Act.]
       Sec. 509. Without fiscal year limitation, the amount of 
     fish and wildlife costs that the Bonneville Power 
     Administration may incur during a fiscal year shall not 
     exceed its ability to pay as a percent of the preceding years 
     gross annual power revenues exclusive of gross residential 
     exchange revenues that the Bonneville Administrator accrues 
     in that fiscal year. No branch or agency of the Federal 
     Government shall take any action pursuant to any law which 
     shall cause the Bonneville Power Administration to exceed 
     this expenditure limitation.
       ``Fish and wildlife costs'' includes--
       (1) purchase power costs and lost revenues, as determined 
     by the Bonneville Administrator (subject to independent 
     audit), based on the forecast value of such costs or revenues 
     under average flow conditions, related to operations of the 
     Federal Columbia River Power System for the benefit of fish 
     and wildlife affected by the development, operation, or 
     management of such system using operations prior to passage 
     of the Northwest Power Act as a baseline for calculating such 
     costs;
       (2) expenditures; and
       (3) reimbursable costs.

     This provision shall be implemented on October 1, 1995 unless 
     there is a valid agreement which limits Bonneville's exposure 
     to increases in fish and wildlife costs consistent with its 
     ability to pay and the needs for fish and wildlife resources 
     in the Columbia River Basin.
       This Act may be cited as the ``Energy and Water Development 
     Appropriations Act, 1996''.

     

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