[Congressional Record Volume 141, Number 167 (Thursday, October 26, 1995)]
[House]
[Pages H10913-H10974]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



     CONFERENCE REPORT ON H.R. 1905, ENERGY AND WATER DEVELOPMENT 
                        APPROPRIATIONS ACT, 1996

  Mr. BUNN of Oregon submitted the following conference report and 
statement on the bill (H.R. 1905) making appropriations for energy and 
water development for the fiscal year ending September 30, 1996, and 
for other purposes:

                Conference Report (H. Rept. No. 104-293)

       The Committee of Conference on the disagreeing votes of the 
     two Houses on the amendments of the Senate to the bill (H.R. 
     1905) ``making appropriations for energy and water 
     development for the fiscal year ending September 30, 1996, 
     and for other purposes,'' having met, after full and free 
     conference, have agreed to recommend and do recommend to 
     their respective Houses as follows:
       That the Senate recede from its amendments numbered 6, 18, 
     20, 23, 24, 26, 32, 36, 44, 45, 46, 47, 57, and 58.
       That the House recede from its disagreement to the 
     amendments of the Senate numbered 7, 13, 14, 25, 33, 38, 39, 
     40, 43, and 54; and agree to the same.
       Amendment numbered 1:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 1, and agree to the same 
     with an amendment, as follows:
       In lieu of the sum proposed by said amendment insert: 
     $121,767,000; and the Senate agree to the same.
       Amendment numbered 2:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 2, and agree to the same 
     with an amendment, as follows:
       In lieu of the matter stricken and inserted by said 
     amendment insert:
       Norco Bluffs, California, $375,000;
       Ohio River Greenway, Indiana, $500,000;
       Kentucky Lock and Dam, Kentucky, $2,000,000;
       Mussers Dam, Middle Creek, Snyder County, Pennsylvania, 
     $300,000; and
       West Virginia Port Development, West Virginia, $300,000: 
     Provided, That the Secretary of the Army, acting through the 
     Chief of Engineers, is directed to undertake a study of water 
     supply and associated needs in the vicinity of Hazard, 
     Kentucky, using $500,000 of the funds 
     
[[Page H10914]]

     appropriated under this heading in Public Law 103-316 for 
     Hazard, Kentucky.
       And the Senate agree to the same.
       Amendment numbered 3:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 3, and agree to the same 
     with an amendment, as follows:
       In lieu of the sum proposed by said amendment insert: 
     $804,573,000; and the Senate agree to the same.
       Amendment numbered 4:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 4, and agree to the same 
     with an amendment, as follows:
       In lieu of the matter stricken and inserted by said 
     amendment insert:
       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;
       San Timoteo Creek (Santa Ana River Mainstem), California, 
     $5,000,000;
       Indiana Shoreline Erosion, Indiana, $1,500,000;
       Arkansas City flood control project, Kansas, $700,000, 
     except that for the purposes of the project, section 902 of 
     Public Law 99-662 is waived;
       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 (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, $13,348,000;
       Ouachita River Levees, Louisiana, $2,300,000;
       Red River below Denison Dam Levee and Bank Stabilization, 
     Louisiana, Arkansas, and Texas, $2,500,000;
       Roughans Point, Massachusetts, $710,000;
       Marshall, Minnesota, $850,000;
       Ste. Genevieve, Missouri, $1,000,000;
       Broad Top Region, Pennsylvania, $4,100,000;
       Glen Foerd, Pennsylvania, $200,000;
       South Central Pennsylvania Environmental Restoration, 
     Pennsylvania, $3,500,000;
       Wallisville Lake, Texas, $5,000,000;
       Virginia Beach Erosion Control and Hurricane Protection, 
     Virginia, $1,100,000;
       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: Provided further, That using funds appropriated 
     in Public Law 103-316 for the Sacramento River Flood Control 
     Project (Deficiency Correction), California, project and 
     funds appropriated herein for the Sacramento Urban Area Levee 
     Reconstruction, California, project, the Secretary of the 
     Army, acting through the Chief of Engineers, is directed to 
     acquire all or part of the Little Holland tract, with any and 
     all appurtenant water rights, for wetland and fish and 
     wildlife activities pursuant to the authority of section 906 
     of Public Law 99-662 and conditioned on a determination made 
     by the Secretary, pursuant to Section 906, that acquisition 
     is in the Federal interest.
       And the Senate agree to the same.
       Amendment numbered 5:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 5, and agree to the same 
     with an amendment, as follows:
       In lieu of the sum proposed by said amendment insert: 
     $1,703,697,000; and the Senate agreed to the same.
       Amendment numbered 8:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 8, and agree to the same 
     with an amendment, as follows:
       In lieu of the sum named in said amendment insert: 
     $151,500,000; and the Senate agreed to the same.
       Amendment numbered 9:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 9, and agree to the same 
     with an amendment, as follows:
       Restore the matter stricken by said amendment, amended as 
     follows:
       In lieu of the sum named in said amendment, insert: 
     $62,000,000; and the Senate agreed to the same.
       Amendment numbered 10:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 10, and agree to the same 
     with an amendment, as follows:
       Retain the matter proposed by said amendment, and on page 
     7, line 18, of the House engrossed bill, H.R. 1905, strike 
     ``the'', and insert in lieu thereof, ``any civil''.
       And the Senate agree to the same.
       Amendment numbered 11:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 11, and agree to the same 
     with an amendment, as follows:
       Delete the matter stricken by said amendment and insert the 
     matter proposed by said amendment, amended as follows:
       Strike subsection (d) and insert in lieu thereof the 
     following: (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 Secretary shall not 
     significantly alter the operating schedules of the remaining 
     Federal hopper dredges established in accordance with the 
     requirements of subsection (a) above.
       And the Senate agree to the same.
       Amendment numbered 12:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 12, and agree to the same 
     with an amendment, as follows:
       In lieu of the matter inserted by said amendment, insert:
       Sec. 103. With the exception of the use of funds to process 
     any required Department of the Army permits, 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.
       And, on page 9, line 12, of the House engrossed bill, H.R. 
     1905, strike ``(b) PROJECT DEPTH.--'' and all that follows 
     through ``harbor or refuge.'', on page 10, line 2 and insert 
     in lieu thereof the following:
       (b) Project Depth.--The project described in subsection (a) 
     is modified to provide for an authorized depth of 12.5 feet.
       (c) Navigation Channel (Modified).--The reauthorized 
     project navigation channel shall be defined by the following 
     coordinates: 2911N-2239E, 3240N-2504E, 3964N-2874E, 4182N-
     2891E, 4469N-2808E, 4692N-2720E, 4879N-2615E, 4952N-2778E, 
     4438N-2980E, 4227N-3097E, 3720N-3068E, 3076N-2798E, 2996N-
     2706E, 2783N-2450E.
       (d) 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.
       And the Senate agree to the same.
       Amendment numbered 15:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 15, and agree to the same 
     with an amendment, as follows:
       In lieu of the matter proposed by said amendment, insert:
       Sec. 106. Using $2,000,000 of the funds appropriated 
     herein, the Secretary of the Army, acting through the Chief 
     of Engineers, is authorized to undertake the Indianapolis, 
     Indiana, project, authorized in section 5 of Public Law 74-
     738, as amended, and as modified to include certain 
     riverfront alterations as described in the Central 
     Indianapolis Waterfront Concept Master Plan, dated February, 
     1994, at a total cost of $65,975,000 with an estimated first 
     Federal cost of $39,975,000 and an estimated first non-
     Federal cost of $26,000,000.

     SEC. 107. SOUTH CENTRAL PENNSYLVANIA.

       (a) In General.--Section 313 of the Water Resources 
     Development Act of 1992 (106 Stat. 4845-4847) is amended--
       (1) in the heading to subsection (c) by striking ``WITH 
     SARCD COUNCIL'';
       (2) in subsection (c) by inserting ``with State, regional, 
     and local officials, including, where applicable,'' after 
     ``consult'';
       (3) in subsection (d)(2)(A) by inserting ``where 
     applicable,'' after ``Council'';
       (4) in subsection (g)(1) by striking ``$17,000,000'' and 
     inserting ``$50,000,000''; and
       (5) in subsection (h)(2) by striking ``Bedford, Blair, 
     Cambria, Fulton, Huntingdon, and Somerset'' and inserting 
     ``Armstrong, Bedford, Blair, Cambria, Clearfield, Fayette, 
     Franklin, Fulton, Huntingdon, Indiana, Juniata, Mifflin, 
     Somerset, Snyder, and Westmoreland''.
       (b) Cost Sharing.--Section 313(d)(3) of the Water Resources 
     Development Act of 1992 (106 Stat. 4846) is amended to read 
     as follows:
       ``(3) Cost sharing.--
       ``(A) In general.--Total project costs under each local 
     cooperation agreement entered into under this subsection 
     shall be shared at 75 percent Federal and 25 percent non-
     Federal. The non-Federal interest shall receive credit for 
     the reasonable costs of design work completed by such 
     interest prior to entering into a local cooperation agreement 
     with the Secretary for a project. The Federal share may in 
     the form of grants or reimbursements of project costs.
       ``(B) Interest.--In the event of delays in reimbursement of 
     the non-Federal share of a project, the non-Federal interest 
     shall receive credit for reasonable interest to provide the 
     non-Federal share of a project's cost.
       ``(C) Lands, easements, and rights-of-way credit.--The non-
     Federal interest shall receive credit for lands, easements, 
     rights-of-way, and relocations toward its share of project 
     costs, including direct costs associated with obtaining 
     permits necessary for the placement of such project on public 
     owned or controlled lands, but not to exceed 25 percent of 
     total project costs.
       ``(D) Operation and maintenance credit.--Operation and 
     maintenance costs for projects constructed with assistance 
     provided under this section shall be 100 percent non-
     Federal.''.
       Sec. 108. Using $2,000,000 of the funds appropriated 
     herein, the Secretary of the Army, acting through the Chief 
     of Engineers, is authorized and directed to proceed with 
     engineering, design, and construction of projects to provide 
     
[[Page H10915]]

     for flood control and improvements to rainfall drainage 
     systems in Jefferson, Orleans, and St. Tammany Parishes, 
     Louisiana, in accordance with the following reports of the 
     New Orleans District Engineer: Jefferson and Orleans 
     Parishes, Louisiana, Urban Flood Control and Water Quality 
     Management, July 1992; Tangipahoa, Techefuncte and Tickfaw 
     Rivers, Louisiana, June 1991; and Schneider Canal, Slidell, 
     Louisiana, Hurricane Protection, May 1990. There is 
     authorized to be appropriated $25,000,000 for the initiation 
     and partial accomplishment of projects described in these 
     reports. The cost of any work performed by the non-Federal 
     interests subsequent to the above cited reports, as 
     determined by the Secretary of the Army to be a compatible 
     and integral part of the projects, shall be credited toward 
     the non-Federal share of the projects.
       Sec. 109. (a) In general.--Subject to the provisions of 
     this section, the Secretary of the Army shall convey to the 
     City of Prestonburg, Kentucky, all right, title, and interest 
     of the United States, in and to the land described in the 
     Supplemental Agreement--Modification No. 2 to the Department 
     of the Army lease #DACW69-1-76-0186, executed by and between 
     the Department of the Army and the Commonwealth of Kentucky, 
     together with any improvements thereon.
       (b) Conditions.--The conveyance authorized by this section 
     is subject to the following conditions:
       (1) The City shall ensure that the land conveyed by this 
     section will be used for public use recreational purposes and 
     to further the regional economic development.
       (2) The City shall use all proceeds derived from the sale 
     or lease of any mineral rights conveyed pursuant to this 
     section for the development, operation, and maintenance of 
     recreational facilities on the lands conveyed in accordance 
     with this section.
       (3) The City shall accept the property in its condition at 
     the time of the conveyance. The Secretary shall not be 
     required to make any improvements in the property's 
     condition, and the City shall hold and save the United States 
     free from any claims or damages arising from any activities 
     on the conveyed land either on the date of the conveyance or 
     any subsequent date.
       (4) If the City uses the land conveyed under this section 
     for any purpose other than those specified in this paragraph, 
     the Secretary shall notify the City of such failure. If the 
     City does not correct such nonconforming use during the 1-
     year period beginning on the date of such notification, the 
     Secretary shall have a right of reverter to reclaim 
     possession and title to the land conveyed under this section.
       And the Senate agree to the same.
       Amendment numbered 16:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 16, and agree to the same 
     with an amendment, as follows:
       In lieu of the section number named in said amendment, 
     insert: 110; and the Senate agree to the same.
       Amendment numbered 17:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 17, and agree to the same 
     with an amendment, as follows:
       In lieu of the sum proposed by said amendment insert: 
     $12,684,000; and the Senate agree to the same.
       Amendment numbered 19:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 19, and agree to the same 
     with an amendment, as follows:
       In lieu of the sum proposed by said amendment insert: 
     $411,046,000; and the Senate agree to the same.
       Amendment numbered 21:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 21, and agree to the same 
     with an amendment, as follows:
       In lieu of the sum proposed by said amendment insert: 
     $273,076,000; and the Senate agree to the same.
       Amendment numbered 22:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 22, and agree to the same 
     with an amendment, as follows:
       In lieu of the matter stricken and inserted by said 
     amendment insert: $2,727,407,000, to remain available until 
     expended; and the Senate agree to the same.
       Amendment numbered 27:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 27, and agree to the same 
     with an amendment, as follows:
       In lieu of the sum proposed by said amendment insert: 
     $981,000,000; and the Senate agree to the same.
       Amendment numbered 28:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 28, and agree to the same 
     with an amendment, as follows:
       In lieu of the matter stricken and inserted by said 
     amendment insert: 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, $151,600,000, to remain available 
     until expended, to be derived from the Nuclear Waste Fund.
       And the Senate agree to the same.
       Amendment numbered 29:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 29, and agree to the same 
     with an amendment, as follows:
       In lieu of the sum proposed by said amendment insert: 
     $3,460,314,000; and the Senate agree to the same.
       Amendment numbered 30:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 30, and agree to the same 
     with an amendment, as follows:
       In lieu of the sum proposed by said amendment insert: 
     $5,557,532,000; and the Senate agree to the same.
       Amendment numbered 31:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 31, and agree to the same 
     with an amendment, as follows:
       In lieu of the sum proposed by said amendment insert: 
     $1,373,212,000; and the Senate agree to the same.
       Amendment numbered 34:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 34, and agree to the same 
     with an amendment, as follows:
       In lieu of the matter inserted by said amendment insert: : 
     Provided, That of the amount herein appropriated, $85,000,000 
     shall be available for obligation and expenditure only for an 
     interim storage facility and only upon the enactment of 
     specific statutory authority.
       And the Senate agree to the same.
       Amendment numbered 35:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 35, and agree to the same 
     with an amendment, as follows:
       In lieu of the sum proposed by said amendment insert: 
     $366,697,000; and the Senate agree to the same.
       Amendment numbered 37:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 37, and agree to the same 
     with an amendment, as follows:
       In lieu of the sum proposed by said amendment insert: 
     $244,391,000; and the Senate agree to the same.
       Amendment numbered 41:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 41, and agree to the same 
     with an amendment, as follows:
       In lieu of the sum proposed by said amendment insert: 
     $170,000,000; and the Senate agree to the same.
       Amendment numbered 42:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 42, and agree to the same 
     with an amendment, as follows:
       In lieu of the matter proposed by said amendment insert:

                    Delaware River Basin Commission


                         salaries and expenses

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


            Contribution to Delaware River Basin Commission

       For payment of the United States share of the current 
     expenses of the Delaware River Basin Commission, as 
     authorized by law (75 Stat. 706, 707), $428,000.
       And the Senate agree to the same.
       Amendment numbered 48:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 48, and agree to the same 
     with an amendment, as follows:
       In lieu of the matter proposed by said amendment insert:

                   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), $250,000.
       And the Senate agree to the same.
       Amendment numbered 49:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 49, and agree to the same 
     with an amendment, as follows:
       In lieu of the sum proposed by said amendment insert: 
     $109,169,000; and the Senate agree to the same.
       Amendment numbered 50:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 50, and agree to the same 
     with an amendment, as follows:
       In lieu of the matter proposed by said amendment, insert: 
     The Tennessee Valley Authority shall, not later than March 
     30, 1996, submit to Congress a preliminary plan for funding 
     the environmental research center from sources other than 
     direct appropriations to the Tennessee Valley Authority after 
     fiscal year 1996; and the Senate agree to the same.
       Amendment numbered 51:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 51, and agree to the same 
     with an amendment, as follows:
       In lieu of the matter stricken by said amendment, insert:
       Sec. 501. Section 510 of Public Law 101-514, the Fiscal 
     Year 1991 Energy and Water Development Appropriations Act, is 
     repealed.
       Sec. 502. Notwithstanding the provisions of any other law, 
     the report referred to in Title 30 of Public Law 102-575 
     shall be submitted within five years from the date of 
     enactment of that Act.
       And the Senate agree to the same.
       Amendment numbered 52:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 52, and agree to the same 
     with an amendment, as follows:
     
[[Page H10916]]

       In lieu of the matter stricken by said amendment, insert:
       Sec. 504. Section 4(a) of the Act entitled ``An Act to 
     provide for the restoration of the fish and wildlife in the 
     Trinity River Basin, California, and for other purposes'', 
     approved October 24, 1984 (98 Stat. 2723), is amended--
       (a) in paragraph (1), by striking ``October 1, 1995'' and 
     inserting in lieu thereof ``October 1, 1996''; and
       (b) in paragraph (2), by striking ``ten-year'' and 
     inserting in lieu thereof ``eleven-year''.
       And the Senate agree to the same.
       Amendment numbered 53:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 53, and agree to the same 
     with an amendment, as follows:
       In lieu of the matter stricken by said amendment, insert:
       Sec. 507. In order to ensure the timely implementation of 
     the Colorado Ute Indian Water Rights Settlement Act of 1988, 
     the Secretary of the Interior is directed to proceed without 
     delay with construction of those facilities in conformance 
     with the final Biological Opinion for the Animas-La Plata 
     project, Colorado and New Mexico, dated October 25, 1991.
       And the Senate agree to the same.
       Amendment numbered 55:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 55, and agree to the same 
     with an amendment, as follows:
       In lieu of the matter proposed by said amendment, insert:

     SEC. 508.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Bonneville Power Administration.
       (2) Council.--The term ``Council'' means the Northwest 
     Power and Conservation Planning Council.
       (3) Excess Federal Power.--The term ``excess Federal 
     power'' means such electric power that has become surplus to 
     the firm contractual obligations of the Administrator under 
     section 5(f) of the Pacific Northwest Electric Power Planning 
     Conservation Act (16 U.S.C. 839c(f)) due to either--
       (A) any reduction in the quantity of electric power that 
     the Administrator is contractually required to supply under 
     subsections (b) and (d) of section 5 of the Pacific Northwest 
     Electric Power Planning and Conservation Act (16 U.S.C. 
     839c), due to the election by customers of the Bonneville 
     Power Administration to purchase electric power from other 
     suppliers, as compared to the quantity of electric power that 
     the Administrator was contractually required to supply as of 
     January 1, 1995; or
       (B) those operations of the Federal Columbia River Power 
     System that are primarily for the benefit of fish and 
     wildlife affected by the development, operation, or 
     management of the System.
       (b) Sale of Excess Federal Power.--Notwithstanding section 
     2, subsections (a), (b), and (c) of section 3, and section 7 
     of Public Law 88-552 (16 U.S.C. 837a, 837b, and 837f), and 
     section 9(c) of the Pacific Northwest Electric Power Planning 
     and Conservation Act (16 U.S.C. 839f(c)), the Administrator 
     may, as permitted by otherwise applicable law, sell or 
     otherwise dispose of excess Federal power--
       (1) outside the Pacific Northwest on a firm basis for a 
     contract term of not to exceed 7 years, if the excess Federal 
     power is first offered for a reasonable period of time and 
     under the same essential rate, terms and conditions to those 
     Pacific Northwest public body, cooperative and investor-owned 
     utilities and those direct service industrial customers 
     identified in subsection (b) or (d)(1)(A) of section 5 of the 
     Pacific Northwest Electric Power Planning and Conservation 
     Act (16 U.S.C. 839c); and,
       (2) in any region without the prohibition on resale 
     established by the second sentence of section 5(a) of the Act 
     entitled ``An Act to authorize the completion, maintenance, 
     and operation of Bonneville project for navigation, and for 
     other purposes'', approved August 20, 1937 (commonly known as 
     the ``Bonneville Project Act of 1937'') (16 U.S.C. 832d(a)).
       (c) Study by Council.--(1) Within 180 days of enactment of 
     this Act, the Council shall review and report to Congress 
     regarding the most appropriate governance structure to allow 
     more effective regional control over efforts to conserve and 
     enhance anadromous and resident fish and wildlife within the 
     Federal Columbia River Power System.
       (d) Corps of Engineers Procurement.--The Assistant 
     Secretary of the Army for Civil Works, acting through the 
     North Pacific Division of the Corps of Engineers, is 
     authorized to place orders for goods and services related to 
     facilities for electric power generation and fish and 
     wildlife mitigation associated with the Federal Columbia 
     River Power System with and through the Administrator using 
     the authorities available to the Administrator.
       (e) Residential Exchange.--Notwithstanding the 
     establishment, confirmation and approval of rates pursuant to 
     16 U.S.C. 839e, and notwithstanding the provisions of 16 
     U.S.C. 839c(c), the cost benefits of eligible utilities' 
     total purchase and exchange sales under 16 U.S.C. 839c(c)(1) 
     shall be $145,000,000 for Fiscal Year 1997, and the net 
     benefits paid to each eligible electric utility shall be 
     $145,000,000 multiplied by the percentage of the total of 
     such net benefits paid by the Administrator to such utility 
     for Fiscal Year 1995.
       (f) Personnel Flexibility.--The Administrator may offer 
     employees voluntary separation incentives as deemed necessary 
     which shall not exceed $25,000. Recipients who accept 
     employment with the United States within five years after 
     separation shall repay the entire amount to the Bonneville 
     Power Administration.
       (g) Savings.--Unless superseded by an Act of Congress, the 
     authority provided by this section is expressly intended to 
     extend beyond the fiscal year.
       And the Senate agree to the same.
       Amendment numbered 56:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 56, and agree to the same 
     with an amendment, as follows:
       In lieu of the matter proposed by said amendment, insert:
       Sec. 509. Section 7 of the Magnetic Fusion Energy 
     Engineering Act (42 U.S.C. 9396) is repealed.
       And the Senate agree to the same.
       Amendment numbered 59:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 59, and agree to the same 
     with an amendment, as follows:
       In lieu of the section number named in said amendment, 
     insert: 510; and the Senate agree to the same.

     John T. Myers,
     Harold Rogers,
     Joe Knollenberg,
     Frank Riggs,
     Rodney P. Frelinghuysen,
     Jim Bunn,
     Bob Livingston,
     Tom Bevill,
     Vic Fazio,
     Jim Chapman,
                                Managers on the Part of the House.

     Pete V. Domenici,
     Mark O. Hatfield,
     Thad Cochran,
     Slade Gorton,
     Mitch McConnell,
     Robert F. Bennett,
     Conrad Burns,
     Robert C. Byrd,
     Fritz Hollings,
     Harry Reid,
     Bob Kerrey,
     Patty Murray,
                               Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two houses on the 
     amendments of the Senate to the bill (H.R. 1905) making 
     appropriations for energy and water development for the 
     fiscal year ending September 30, 1996, and for other 
     purposes, submit the following joint statement to the House 
     and the Senate in explanation of the effects of the action 
     agreed upon by the managers and recommended in the 
     accompanying conference report.
       The language and allocations set forth in House Report 104-
     149 and Senate Report 104-120 should be complied with unless 
     specifically addressed to the contrary in the conference 
     report and statement of the managers. Report language 
     included by the House which is not changed by the report of 
     the Senate or the conference, and Senate report language 
     which is not changed by the conference is approved by the 
     committee of conference. The statement of the managers, while 
     repeating some report language for emphasis, does not intend 
     to negate the language referred to above unless expressly 
     provided herein. In cases in which the House or Senate have 
     directed the submission of a report, such report is to be 
     submitted to both House and Senate Committees on 
     Appropriations.

                                TITLE I

                      Department of Defense--Civil

       The summary tables at the end of this title set forth the 
     conference agreement with respect to the individual 
     appropriations, programs and activates of the Corps of 
     Engineers. Additional items of conference agreement are 
     discussed below.

                         Department of the Army


                       Corps of Engineers--Civil

                         General Investigations

       Amendment No. 1: Appropriates $121,767,000 for General 
     Investigations instead of $129,906,000 as proposed by the 
     House and $126,323,000 as proposed by the Senate.
       The conferees are aware that there is existing authority 
     for the Corps of Engineers to maintain the Dog River in 
     Alabama from the Mobile Harbor Ship Channel to 2,600 feet 
     west of the Alabama Highway 163 bridge. The river has severe 
     siltation west of that point and is not navigable during low 
     tide. From within available funds, the Corps of Engineers is 
     directed to use $200,000 to initiate a reconnaissance study 
     of that portion of the Dog River.
       The conference agreement includes $150,000 for the Atlantic 
     Intracoastal Waterway, Palm Beach County, Florida, project, 
     Using these funds, the Corps of Engineers is directed to 
     perform a reevaluation study of the authorized navigation 
     improvements along the Atlantic Intracoastal Waterway in Palm 
     Beach County.
       The conference agreement includes $6,205,000 for the Upper 
     Mississippi River and Illinois Waterway study, the same as 
     the budget request. The purpose of this study is to address 
     the need for navigation capacity expansion on the Upper 
     Mississippi River and Illinois Waterway. The conferees 
     believe that the environmental component of the study should 
     be limited to any impacts associated with expanding the 
     capacity of the two systems. Therefore, the conferees direct 
     
[[Page H10917]]

     the Corps of Engineers to not expand the scope of the study 
     such that its total cost exceeds that presented in the 
     current Project Management Plan. In addition, because of the 
     need for a timely review of future navigation needs on the 
     upper Mississippi River and Illinois Waterway, the conferees 
     direct the Corps to expedite work on the study and ensure 
     that the Division Engineer's public notice on the feasibility 
     report is issued no later than December of 1999.
       The Secretary of the Army is directed to initiate a general 
     reevaluation report for the Truckee Meadows Flood Control 
     project, Nevada, authorized in the Water Resources 
     Development Act of 1988. Of the $400,000 provided in the 
     conference agreement for the Lower Truckee River, Nevada, 
     project, $50,000 is appropriated for this investigation. The 
     report will consider additional flood protection at and below 
     Reno, Nevada, through levee/channel improvements, local 
     impoundments, and potential reoperation of existing 
     reservoirs in the watershed. The report will also consider 
     the potential for environmental restoration along the Truckee 
     River and tributaries in the Reno-Sparks area.
       The conference agreement includes $600,000 for the Corps of 
     Engineers, in cooperation with the Bureau of Reclamation, to 
     continue the feasibility study for lake stabilization in the 
     Devils Lake Basin of North Dakota as described in Public Law 
     102-377. The conferees expect the Corps of Engineers to 
     expedite planning for emergency mitigation measures including 
     emergency outlet options to the Sheyenne River, upper basin 
     storage, and enhanced diking. The Corps of Engineers shall 
     make its recommendations to the Congress for upper basin 
     storage and enhanced diking by March 1, 1996, and shall 
     report on the status of the lake stabilization study by 
     September 30, 1996.
       The conference agreement includes $559,000 for the Army 
     Corps of Engineers to continue preconstruction engineering 
     and design for the Noyo Harbor Breakwater, California, 
     project. The conferees are aware of a proposal to utilize 
     prefabricated steel structures in lieu of a stone breakwater, 
     at considerably less cost than the $22,900,000 now projected. 
     Furthermore, the structures can be fitted to generate 
     electricity. The potential for reduced construction costs, 
     together with the ancillary benefit of wave power generation, 
     would facilitate local cost sharing. The conferees, 
     therefore, direct that the funds be utilized for efforts to 
     validate the viability of using these structures to serve as 
     breakwaters, including modeling.
       The conference agreement includes the following amounts for 
     Coordination Studies With Other Agencies: Cooperation With 
     Other Agencies, $480,000; Section 22 Planning Assistance to 
     States, $2,000,000; Special Investigations, $3,400,000; Gulf 
     of Mexico Program, $300,000; Interagency Water Resources 
     Development, $1,000,000; National Estuary Program, $180,000; 
     North American Waterfowl Management Plan, $180,000; and 
     $380,000 for the Pacific Northwest Forest Case Study as 
     described in the Senate Report.
       Within the funds available for the Flood Plain Management 
     Services Program, the conferees have provided $100,000 for a 
     study along the Jacks Defeat Creek watershed in Monroe 
     County, Indiana.
       The conference agreement includes $30,432,000 for Corps of 
     Engineers research and development activities. Included in 
     this total is $23,732,000 for the Corps' base research and 
     development program; $1,900,000 for evaluation of 
     environmental investments; $2,000,000 for earthquake 
     engineering; $1,000,000 for zebra mussel control; $1,500,000 
     for the characterization and restoration of wetlands; and 
     $300,000 for the continuation of the Construction Technology 
     Transfer Project between the Corps of Engineers' research 
     institutions and Indiana State University.
       Amendment No. 2: The conference agreement includes language 
     providing $375,000 for the Norco Bluffs, California, project, 
     as provided for in the House and Senate bills; restores House 
     language stricken by the Senate for the Ohio River Greenway, 
     Indiana, project amended to provide $500,000 instead of 
     $1,000,000 as proposed by the House; includes language 
     proposed by the Senate for the Kentucky Lock and Dam, 
     Kentucky, project amended to provide $2,000,000 instead of 
     $2,500,000 as proposed by the Senate; restores House language 
     stricken by the Senate providing $300,000 for the Mussers 
     Dam, Pennsylvania, project; and includes language proposed by 
     the Senate providing $300,000 for the West Virginia Port 
     Development, West Virginia, project. The conference agreement 
     also deletes language contained in the House and Senate bills 
     providing funds for the Indianapolis Central Waterfront, 
     Indiana, project. Funding for this project has been included 
     under Construction, General.
       The conference agreement also includes language for a 
     watershed study in the vicinity of Hazard, Kentucky, using 
     previously appropriated funds. The Corps of Engineers is 
     directed to prepare a reconnaissance level study addressing 
     flood control, water supply and water quality needs as well 
     as opportunities for environmental restoration in the Upper 
     Kentucky River basin. In particular, the Corps is directed to 
     evaluate the potential to reallocate excess storage in 
     existing Corps lakes and alternatives thereto, for the 
     purpose of providing additional water supply capability to 
     meet expanding regional needs.


                         construction, general

       Amendment No. 3: Appropriates $804,573,000 for 
     Construction, General instead of $807,846,000 as proposed by 
     the House and $778,456,000 as proposed by the Senate.
       The conferees understand that the Acting Assistant 
     Secretary of the Army for Civil Works determined on September 
     1, 1995, that the Army Corps of Engineers will cost share the 
     project for design deficiency correction of the Klamath-Glen 
     Levee in Del Norte County, California, under the same 
     financial terms as the original construction. This is in 
     accordance with the technical conclusions of the Initial 
     Appraisal Report of the San Francisco District Engineer, 
     entitled ``Terwer Creek Erosion, Klamath-Glen Levee, Klamath 
     River, Del Norte County, California'', March 1994. In view of 
     this determination, and so that the necessary repairs can 
     begin as quickly as possible, the Secretary of the Army is 
     directed to utilize funds appropriated in this or prior 
     appropriations Acts for the project.
       The Corps of Engineers may allocate up to $150,000 of the 
     funds provided for the Central and Southern Florida Project 
     Review Study or from other sources, for the purpose of 
     initiating a study to determine whether the construction of a 
     wastewater reuse facility in Dade County, Florida, should be 
     incorporated within the overall project authorization upon 
     receipt of necessary approval. Such reuse facility would be 
     intended to increase the supply of surface water to the 
     Everglades system and Everglades National Park, in turn 
     benefiting recreation and enhancing fish and wildlife.
       The conference agreement includes $78,800,000 for the 
     Columbia River Juvenile Fish Mitigation, Washington and 
     Oregon, program as proposed by the Senate instead of 
     $68,800,000 as proposed by the House. Of the funds provided, 
     $1,000,000 is available for advanced planning and design for 
     public and private facilities affected by the operation of 
     the John Day project at minimum pool levels. The conferees 
     share the concern of both the Senate and the House regarding 
     the costs and justification for the John Day drawdown as an 
     effective method for salmon recovery. To date, the conferees 
     have not been provided with any scientific evidence 
     supporting the drawdown; therefore, the Administration is 
     directed to provide scientific justification of the project 
     as an effective means of salmon recovery along with any 
     further requests for funding. Considering the extraordinary 
     cost of completing this project, if the Administration does 
     not find significant benefits, the proposal should be 
     abandoned altogether. The conferees also note that the 
     mitigation necessary to lower John Day Reservoir to minimum 
     operating pool will require specific authorization from 
     Congress.
       The conferees understand that rapid and substantial 
     improvement in fish passage in the Federal Columbia River 
     power system is a high priority. Accordingly, the conferees 
     direct the Secretary of the Army to independently evaluate 
     annually the performance of the Corps of Engineers in 
     achieving improvements in fish passage and to provide these 
     evaluations to the Committees on Appropriations. The 
     conferees further direct the Corps and the Bonneville Power 
     Administration, in consultation with the National Marine 
     Fisheries Service, to develop a set of recommendations for 
     improving the system by which fish passage improvements are 
     designed, tested and implemented at the Federal projects. 
     These improvements should seek to shorten the time 
     requirements, reduce the costs, and improve the biological 
     success of fish passage projects. The Corps and BPA should 
     submit these recommendations to the Committees on 
     Appropriations within six months of enactment of this Act and 
     should proceed to implement immediately reforms for which 
     they have the authority.
       The Secretary of the Army, acting through the Chief of 
     Engineers, is directed to design and construct a Regional 
     Visitors Center in the vicinity of Shreveport, Louisiana, to 
     provide information to the public on the Red River Basin, 
     national and local water resources development of the U.S. 
     Army Corps of Engineers, and the Red River Waterway Project. 
     The Regional Visitors Center is to be constructed using funds 
     appropriated for construction of the Red River Waterway 
     Project, and will be operated and maintained using funds 
     appropriated for operation and maintenance of the waterway.
       The conferees wish to emphasize their continued support for 
     the Corps of Engineers Continuing Authorities Programs. These 
     programs, which require only modest amounts of budgetary 
     resources, have proven to be of great value and are 
     particularly important to many small communities throughout 
     the Nation. Therefore, the conferees direct the Secretary of 
     the Army, acting through the Chief of Engineers, to continue 
     the planning, engineering, and design of projects under all 
     of the continuing authorities programs whether or not they 
     will be approved for construction by the end of fiscal year 
     1996, initiate new projects under normal procedures for the 
     continuing authorities programs, and continue budgeting these 
     programs in fiscal year 1997 and beyond.
       For the Emergency Streambank and Erosion Control (Section 
     14) program, the conferees direct the Corps of Engineers to 
     undertake the projects identified in the House Report. In 
     addition, the conference agreement includes $242,000 for the 
     project to provide erosion protection for the Russell-Allison 
     Levee along the Wabash River in Lawrence County, Illinois, 
     and $325,000 for repair of the Ohio River levee in Marietta, 
     Ohio. For the Small Flood Control Projects (Section 205) 
     
[[Page H10918]]

     program, the conferees direct the Corps of Engineers to 
     undertake the projects identified in the House and Senate 
     Reports. In addition, the conference agreement including 
     $200,000 for the Corps of Engineers to initiate and complete 
     a feasibility study to control flooding at the town of Sumava 
     Resorts, Indiana, and $65,000 for a feasibility study of the 
     Bellepoint floodwall, Frankfort, Kentucky, project. For the 
     Small Beach Erosion Control (Section 103) program, the 
     conferees direct the Corps of Engineers to undertake the Aqua 
     Hedionda Lagoon project in Carlsbad, California, as described 
     in the House Report. For the Project Modifications for the 
     Improvement of the Environment (Section 1135) program, the 
     conference agreement includes funds for the projects 
     identified in the House Report and also includes $100,000 for 
     the St. Paul Harbor, Alaska, project and $370,000 for the 
     Valdez Harbor, Alaska, project. For the Small Navigation 
     Projects (Section 107) program, the conference agreement 
     includes $1,000,000 for the Ouizinkie Harbor, Alaska, 
     project, $500,000 for the Larsen Bay Harbor, Alaska, project, 
     $200,000 for the Williamsburg, Alaska project, and $250,000 
     for the Tatitlik Harbor, Alaska, project.
       Amendment No. 4: The conference agreement includes language 
     in the bill for the following projects, which were funded at 
     the same level in the House and Senate bills: Sacramento 
     River Flood Control Project (Glenn-Colusa Irrigation 
     District), California ($300,000); Harlan, Kentucky 
     ($12,000,000); Williamsburg, Kentucky ($4,100,000); 
     Middlesboro, Kentucky ($1,600,000); Salyersville, Kentucky 
     ($500,000); Glen Foerd, Pennsylvania ($200,000); Wallisville, 
     Texas ($5,000,000); and Red River Emergency Bank. Protection, 
     Arkansas and Louisiana ($6,600,000).
       The conference agreement restores House language stricken 
     by the Senate providing funds for the San Timoteo Creek 
     feature of the Santa Ana River Mainstem, California, project 
     ($5,000,000), and the Indiana Shoreline Erosion, Indiana, 
     project, ($1,500,000).
       The conference agreement provides $13,348,000 for the Lake 
     Pontchartrain and Vicinity (Hurricane Protection), Louisiana, 
     project instead of $11,848,000 as proposed by the House and 
     $11,838,000 as proposed by the Senate, provides $2,500,000 
     for the Red River below Denison Dam, Louisiana, Arkansas, and 
     Texas, project instead of $3,800,000 as proposed by the House 
     and $2,000,000 as proposed by the Senate; and provides 
     $4,100,000 for the Broad Top Region, Pennsylvania, project as 
     proposed by the House instead of $2,000,000 as proposed by 
     the Senate.
       The conference agreement includes language proposed by the 
     Senate which provides $3,800,000 for repair and extension of 
     the Homer Spit, Alaska, project; provides $6,000,000 for the 
     McClellan-Kerr Arkansas River Navigation System, Arkansas, 
     project, of which $4,900,000 is for the Montgomery Point Lock 
     and Dam; provides $700,000 for the Arkansas City, Kansas 
     project and waives section 902 of Public Law 99-662; provides 
     $670,000 for the Winfield, Kansas, project; provides 
     $2,300,000 for the Ouachita River Levees, Louisiana, project; 
     provides $710,000 for the Roughans Point, Massachusetts, 
     project; provides $850,000 for the Marshall, Minnesota, 
     project; provides $1,000,000 for the Ste. Genevieve, 
     Missouri, project, provides; $1,100,000 for the Virginia 
     Beach Erosion Control and Hurricane Protection, Virginia, 
     project; provides $2,000,000 for the Hatfield Bottom, West 
     Virginia, project; provides $2,000,000 for the Upper Mingo, 
     West Virginia, project; and provides that $1,120,000 shall be 
     transferred to the Secretary of the Interior for performing 
     operation and maintenance activities at the Columbia River 
     Fishing Access Sites to be constructed in Oregon and 
     Washington.
       The conferees have also included language in the bill that 
     directs the Secretary of the Army to acquire all or part of 
     the Little Holland Tract in California for wetlands 
     restoration and waterfowl and fishery habitat enhancement 
     and/or mitigation purposes conditioned on a determination 
     made by the Secretary that acquisition is in the Federal 
     interest; and language that provides $3,500,000 for the South 
     Central Pennsylvania Environmental Restoration project.
       The conferees are aware of the need for continued emergency 
     construction on the Red River between Index, Arkansas, and 
     Shreveport, Louisiana. However, due to bank caving problems 
     that may be induced by the previously funded Sulfur Revetment 
     now under construction, the conference agreement includes 
     $6,600,000 to initiate and complete design and construction 
     of the Canale Revetment in lieu of the Dickson Revetment.
       The conferees direct the Secretary of the Army, acting 
     through the Chief of Engineers, to extend the levee 
     identified in Plan B of the approved draft specific project 
     report for Williamsburg, Kentucky, dated April 1993, by 
     approximately 2,000 feet upstream using funds provided for 
     this project.
       For the Lake Pontchartrain and Vicinity (Hurricane 
     Protection) project, the conference agreement includes an 
     additional $4,000,000 to continue construction of parallel 
     protection along the Orleans and London Avenue outfall 
     canals, and an additional $1,500,000 for the project to 
     intercept and convey landside runoff from Jefferson Parish 
     lakefront levees. The conferees agree that the landside 
     runoff project is not a separable element of the Lake 
     Pontchartrain and Vicinity (Hurricane Protection) project and 
     direct that future budget requests for the Lake Pontchartrain 
     and Vicinity (Hurricane Protection) project include funding 
     for landside runnoff.
       The amount provided for the Red River below Denison Dam 
     project includes $500,000 to continue the Bowie County Levee, 
     Texas, portion of the project. The conferees direct the Corps 
     of Engineers to continue to prepare plans and specifications 
     for restoration or replacement of the Bowie County Levee as 
     authorized by the Flood Control Act of 1946 for incorporation 
     into the Federal levee system to provide the same level of 
     protection as the adjoining Miller County Levee in Arkansas 
     under the terms and conditions of section 3 of the Flood 
     Control Act of 1936, Public Law 74-738.
       The funds to be transferred to the Secretary of the 
     Interior for Columbia River Fishing Access Sites provide for 
     the capitalized operation and maintenance costs for phase I 
     sites. In addition, the conference agreement includes 
     $600,000 for engineering and design of an additional six 
     Bonneville pool sites planned under phase II.
       On September 22, 1995, the Acting Assistant Secretary of 
     the Army for Civil Works advised the House and Senate 
     Committees of a proposal to enter into a Section 215 
     agreement with the city of Arkansas City, Kansas, to provide 
     for a credit toward the local contribution for certain work 
     to be performed by the city in connection with the authorized 
     Arkansas City flood control project. The conferees have no 
     objection to that proposal and the Secretary may immediately 
     execute the agreement with the understanding that the credit 
     will not exceed the statutory limit of Section 215 of Public 
     Law 90-483, as amended.


 Flood Control, Mississippi River and Tributaries, Arkansas, Illinois, 
       Kentucky, Louisiana, Mississippi, Missouri, and Tennessee

       Due to the severe budgetary situation, the conference 
     agreement includes; $307,885,000 for the Flood Control, 
     Mississippi River and Tributaries, project, which is the same 
     as the amount provided by the House and the Senate and 
     $11,365,000 below the budget request. At the same time, the 
     conferees recognize the importance of this project to the 
     Nation. The conferees agree that the reductions made to the 
     individual features within the Mississippi River and 
     Tributaries project were made without prejudice and expect 
     the Corps of Engineers to manage the project, including the 
     reprogramming of funds where necessary, to derive the maximum 
     benefit from the funds provided.
       The conferees are aware that the Corps of Engineers no 
     longer requires the use of lands in the Vidalia, Louisiana, 
     area previously used for casting and storage of articulated 
     concrete mats used for construction of the Mississippi River 
     and Tributaries project. In the interest of public safety and 
     environmental restoration, the conferees direct the Corps of 
     Engineers to use up to $900,000 of the funds available for 
     the Mississippi River and Tributaries project to return lands 
     to acceptable environmental condition now that the casting 
     operations have ceased.


                   Operation and Maintenance, General

       Amendment No. 5: Appropriates $1,703,697,000 for Operation 
     and Maintenance, General instead of $1,712,123,000 as 
     proposed by the House and $1,696,998,000 as proposed by the 
     Senate.
       The conferees recognize that flooding in the wake of 
     Typhoon Oscar, which resulted in a Presidential disaster 
     declaration in Southcentral Alaska, devastated the harbor at 
     Seward, Alaska, just as the winter season was approaching. 
     The Corps of Engineers is, therefore, encouraged to expedite 
     work using available funds, including such contractual 
     economies of effort with the City of Seward and the State of 
     Alaska as are necessary in the judgment of the District 
     Engineer, to restore full use to the port and port facilities 
     impacted by the flooding.
       The conference agreement includes $280,000 for the Pearl 
     River, Mississippi and Louisiana, project, the same as the 
     budget request. These funds are to be used to maintain the 
     project in caretaker status and correct any safety problems, 
     including lighting and boat trolley system improvements, at 
     Pool's Bluff Sill and other lock locations.
       Upon resolution of the status of the section 401 permit, 
     the Corps of Engineers may use $250,000 of available funds to 
     resume design work on the proposed expansion of the Renard 
     Isle confined disposal facility at Green Bay Harbor, 
     Wisconsin.
       Amendment No. 6: Provides $5,926,000 for the Raystown Lake, 
     Pennsylvania, project as proposed by the House instead of 
     $3,426,000 as proposed by the Senate.
       Amendment No. 7: Inserts language proposed by the Senate 
     which directs the Secretary of the Army to maintain a minimum 
     conservation pool of 475.5 feet at the Wister Lake, Oklahoma, 
     project.


                           regulatory program

       The conferees agree wit the language contained in the House 
     and Senate Reports for the Regulatory Program of the Corps of 
     Engineers. In addition, the conferees understand that the 
     Corps of Engineers has under review an application by the 
     City of East Chicago, Indiana, for the construction of a 
     breakwater in Lake Michigan. The conferees expect the Corps 
     to work with the city toward an expeditious resolution to the 
     permitting process.
     
[[Page H10919]]



                            general expenses

       Amendment No. 8: Appropriates $151,500,000 for General 
     Expenses instead of $150,000,000 as proposed by the House and 
     $153,000,000 as proposed by the Senate and provides that the 
     funds shall remain available until expended as proposed by 
     the Senate.
       Amendment No. 9: Restores language proposed by the House 
     and stricken by the Senate limiting the funds available for 
     general administration and related functions in the Office of 
     the Chief of Engineers with an amendment providing that not 
     to exceed $62,000,000 shall be available for that purpose 
     instead of $60,000,000 as proposed by the House.
       Amendment No. 10: Inserts language proposed by the Senate 
     which provides that the plan for reducing the number of 
     division offices which the Secretary of the Army is directed 
     to develop and submit to the Congress shall be submitted to 
     the Committee on Environment and Public Works of the Senate 
     and the Committee on Transportation and Infrastructure of the 
     House of Representatives and amends language contained in the 
     House and Senate bills which provides that the division 
     office plan shall not change the function of any district 
     office by adding the words ``any civil'' before ``function''. 
     This amendment is necessary to clarify that it is not the 
     intent of the conferees to prohibit the Corps of Engineers 
     from making necessary adjustments in mission and function of 
     districts handling military construction to accommodate the 
     shrinking military workload.


                           general provisions

                       corps of engineers--civil

       Amendment No. 11: Deletes language proposed by the House 
     and stricken by the Senate which provides that the Corps of 
     Engineers 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 and which further provides that none of the funds 
     available to the Corps of Engineers may be used to undertake 
     improvements or major repair of the hopper dredge McFARLAND 
     and inserts similar language proposed by the Senate. The 
     Senate language differs from the House language in that it 
     permits the Corps of Engineers to expend funds to maintain 
     the McFARLAND's current operational condition and in that it 
     includes an additional subsection relating to the use of the 
     four Corps of Engineers hopper dredges, which has been 
     amended by the conference agreement to provide that if any of 
     the Corps' hopper dredges is removed from normal service for 
     repair or rehabilitation, the Secretary of the Army shall not 
     significantly alter the operating schedules of the remaining 
     dredges.
       Amendment No. 12: Inserts language proposed by the Senate 
     which provides that none of the funds appropriated in this 
     Act or otherwise available to the Corps of Engineers may be 
     used for activities associated with moving the Corps' 
     headquarters office to the Southeast Federal Center with an 
     amendment which clarifies that this limitation on the use of 
     funds does not apply to the use of funds required to process 
     any Department of the Army permits, and makes technical 
     corrections to Section 102, which modifies the authorization 
     for the Manistique Harbor, Michigan, project.
       Amendment No. 13: Inserts language proposed by the Senate 
     which modifies the authorization for the Petersburg, West 
     Virginia, project by increasing the total estimated cost to 
     $26,600,000, with an estimated first Federal cost of 
     $19,195,000 and an estimated first non-Federal cost of 
     $7,405,000.
       Amendment No. 14: Inserts language proposed by the Senate 
     which authorizes the Secretary of the Army to accept from a 
     non-Federal sponsor additional lands, not to exceed 300 
     acres, at the Cooper Lake and Channels, Texas, project and 
     further authorizes the Secretary, upon acceptance of those 
     lands, to redesignate an amount of mitigation lands, not to 
     exceed 300 acres, to recreation purposes. The amendment also 
     provides that the lands accepted from the non-Federal sponsor 
     shall provide habitat value at least equal to that provided 
     by the lands redesignated to recreation purposes and that all 
     costs of work to be undertaken pursuant to the amendment 
     shall be borne by the donating sponsor.
       Amendment No. 15: Deletes language proposed by the Senate 
     which directs the Secretary of the Army to take such actions 
     as are necessary to obtain and maintain an elevation of 977 
     feet above sea level at the Lake Traverse, South Dakota and 
     Minnesota, project and inserts the new sections described 
     below.
       Section 106 authorizes the Secretary of the Army to 
     undertake the Indianapolis, Indiana, project authorized by 
     Section 5 of Public Law 74-738 as modified to include certain 
     riverfront alterations as described in the Corps of Engineers 
     Central Indianapolis Waterfront Concept Master Plan, dated 
     February, 1994. Non-Federal funds expended on or after the 
     date of the Corps of Engineers report on items and outlined 
     for construction in the Corps' document shall be applied to 
     the non-Federal cost-sharing requirements.
       Section 107 modifies section 313 of the Water Resources 
     Development Act of 1992, the South Central Pennsylvania 
     Environmental Restoration Infrastructure and Resource 
     Protection Development Pilot Program. The modification 
     includes changes to the consultation requirements to reflect 
     a revised geographic scope, an increase in the authorized 
     funding level, and several technical changes. The conferees 
     have also included $3,500,000 under the Construction, General 
     account to accomplish high priority work under the section 
     313 authority.
       Section 108 authorizes and directs the Secretary of the 
     Army to proceed with engineering, design, and construction of 
     projects to provide for flood control and improvements to 
     rainfall drainage systems in Jefferson, Orleans, and St. 
     Tammany Parishes in Louisiana. The conferees are aware of the 
     disastrous floods due to torrential rainfalls that occurred 
     in southeast Louisiana in May of 1995, which resulted in the 
     loss of seven lives, inundation of over 35,000 homes, and 
     estimated property and infrastructure losses exceeding 
     $3,000,000,000. This event produced the second highest number 
     of flood insurance claims ever for a flood event. In 
     addition, between 1978 and 1989, flood insurance claims for 
     this area totaled $227,000,000. Therefore, because of the 
     urgent need to prevent such disasters from recurring, the 
     conferees have directed the Secretary of the Army to proceed 
     immediately with economically justified flood control 
     improvements that have been identified in reports of the 
     Corps of Engineers' New Orleans District Engineer. No further 
     feasibility studies are required for the projects authorized 
     in this section. The conferees intend that the cost-sharing 
     requirement. Between the Federal and non-Federal interests be 
     consistent with the provisions for flood control and 
     hurricane protection projects, as appropriate, in the Water 
     Resources Development Act of 1986, except that the non-
     Federal sponsor shall receive credit, as part of the non-
     Federal share of the cost of these projects, for any work 
     accomplished subsequent to those reports as determined by the 
     Secretary of the Army to be a compatible and integral part of 
     the projects. The projects include, but are not limited to, 
     pumping station and channel improvements in Jefferson and 
     Orleans Parishes, channel improvements along Mile Creek in 
     Covington, hurricane protection along the Lake Pontchartrain 
     shoreline in Mandeville, and hurricane protection and 
     improved drainage in the Schneider Canal area in Slidell. An 
     amount of $25,000,000 has been authorized for the Corps to 
     proceed with work on these projects.
       Section 109 directs the Secretary of the Army to convey 
     land at the Dewey Lake, Kentucky, project to the City of 
     Prestonburg, Kentucky, for the development of public use 
     recreational facilities and to further regional economic 
     development.
       Amendment No. 16: Inserts language proposed by the Senate 
     which authorizes the Secretary of the Army to undertake the 
     Coos Bay, Oregon, project in accordance with the Report of 
     the Chief of Engineers, dated June 30, 1994, at a total cost 
     of $14,541,000, with an estimated Federal cost of $10,777,000 
     and an estimated non-Federal cost of $3,764,000, and changes 
     the section number.

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                                TITLE II

                       Department of the Interior


                         Bureau of Reclamation

       The summary tables at the end of this title set forth the 
     conference agreement with respect to the individual 
     appropriations, programs and activities of the Bureau of 
     Reclamation. Additional items of conference agreement are 
     discussed below.


                         General Investigations

       Amendment No. 17: Appropriates $12,684,000 for General 
     Investigations instead of $13,114,000 as proposed by the 
     House and $11,234,000 as proposed by the Senate.
       Amendment No. 18: Deletes language proposed by the Senate 
     providing $300,000 for the completion of the feasibility 
     study of alternatives for meeting drinking water needs on the 
     Cheyenne River Sioux Reservation and surrounding communities 
     in South Dakota. Funding for this project ($150,000) is 
     included in the amount appropriated in Amendment No. 17.


                          Construction Program

       Amendment No. 19: Appropriates $411,046,000 for 
     Construction Program instead of $417,301,000 as proposed by 
     the House and $390,461,000 as proposed by the Senate.
       The conference agreement includes $12,069,000 for 
     Miscellaneous Project Programs of the Central Valley Project, 
     California, which includes $200,000 for the Salmon Stamp 
     Program as described in the House Report, $250,000 for the 
     Colusa Basin Drainage District Management Project, and 
     $5,750,000 for the unscreened diversions program, which is 
     $250,000 less than the budget request.
       The conferees have provided $6,540,000 for the Sacramento 
     River Division of the Central Valley Project, California. The 
     amount provided includes: $3,000,000 for the completion of 
     engineering and design and initiation of construction of a 
     new fish screen and fish recovery facilities at the Glenn-
     Colusa Irrigation District's Hamilton City Pumping Plant; 
     $1,000,000 for the continuation of the pilot research pumping 
     facility evaluation; $500,000 for the program to find 
     solutions for passage for endangered and threatened fish at 
     the Red Bluff Diversion Dam; $865,000 for the installation 
     and evaluation of alternative fish guidance systems at 
     Reclamation District 108 and Reclamation District 1004; and 
     $300,000 for the Winter-Run Chinook Salmon Captive Broodstock 
     Program.
       The conference agreement includes $5,067,000 for the 
     Trinity River Restoration Program, California, the same as 
     the budget request and the amount provided in the House and 
     Senate bills. Included in this total is $500,000 to carry out 
     the interagency agreement between the Bureau of Reclamation 
     and the Hoopa Valley Tribe regarding the Cooperative for 
     Comprehensive Fisheries Management and funds necessary to 
     complete the Environmental Impact Statement is support of the 
     instream flow decision the Secretary of the Interior is 
     required to render in 1996.
       On July 17, 1995, one of the eight spillway gates at Folsom 
     Dam in California failed resulting in an uncontrolled flow of 
     40,000 cubic feet per second of water from the reservoir. The 
     total loss of water was about 360,000 acre-feet, which is 
     approximately 35% of total reservoir capacity. The conferees 
     are aware that the Bureau of Reclamation has begun work to 
     design a replacement for the damaged gate, with the goal of 
     having the replacement gate installed in 1996. Because of the 
     timing of this event, no funds were included in either the 
     House bill or the Senate bill to accomplish this work. The 
     conferees agree that the Bureau of Reclamation may reprogram 
     up to $6,000,000 of the funds available to it in fiscal year 
     1996, upon notification of the House and Senate 
     Appropriations Committees, for the removal and replacement of 
     the damaged gate and the remediation of the remaining 
     spillway gates at Folsom Dam. If additional funds are 
     required in fiscal year 1996 to complete the work, the Bureau 
     of Reclamation should request those funds following the 
     normal reprogramming procedures.
       On August 22, 1995, the Department of the Interior 
     submitted to the House and Senate subcommittees a request to 
     reprogram $5,000,000 to the Los Angeles Area Water 
     Reclamation and Reuse, California, project. Because of the 
     unanticipated funding needs which have arisen, including the 
     need to repair Folsom Dam in California and the need to make 
     additional dam safety repairs at Ochoco Dam in Oregon, the 
     conferees have agreed to defer, without prejudice, action on 
     this reprogramming request.
       The conference agreement includes $1,500,000 for the 
     National Fish and Wildlife Foundation as proposed by the 
     Senate. The House had deleted the funds requested by the 
     Administration for this program. Within the amounts provided 
     for the National Fish and Wildlife Foundation, $500,000 shall 
     be made available to support the Spring Run and Coho Salmon 
     Programs approved by the House under the Central Valley 
     Project, Miscellaneous Project Programs, California, and 
     $100,000 shall be made available to support the Kaweah River 
     Delta Corridor Project. The conferees are concerned about 
     certain grants that have been made by the National Fish and 
     Wildlife Foundation to organizations known to be hostile to 
     the interests of private landowners and those engaged in the 
     productive and lawful use of public lands. The conferees have 
     included the funding cited above for the Foundation based 
     upon the understanding that its grant award procedures have 
     been considerably tightened, and that the Foundation will 
     make a concerted effort to avoid making further grants to the 
     types of organizations described above. The Foundation's 
     performance in this regard will be closely monitored by the 
     Committees during the coming year.
       The conference agreement includes $5,000,000 for the 
     Wetlands Development Program. From within that amount, the 
     conferees direct that $3,600,000 be utilized to continue the 
     Caddo Lake wetlands project in Texas.
       The conferees agree with the language contained in the 
     House Report regarding the Rillito Creek, Arizona, High 
     Plains Groundwater Recharge Demonstration project. In 
     addition, the conference agreement includes $500,000 for the 
     Bureau of Reclamation to continue the Equus Beds recharge 
     project in Kansas.
       Amendment No. 20: Provides that $94,225,000 of the funds 
     appropriated under the Construction Program shall be 
     available for transfer to the Lower Colorado River Basin 
     Development Fund for construction of the Central Arizona 
     Project as proposed by the House instead of $92,725,000 as 
     proposed by the Senate.


                       operation and maintenance

       Amendment No. 21: Appropriates $273,076,000 for Operation 
     and Maintenance instead of $278,759,000 as proposed by the 
     House and $267,393,000 as proposed by the Senate.
       Due to the budgetary situation, the conferees have provided 
     $273,076,000 for the Bureau of Reclamation's operation and 
     maintenance program, which is $15,683,000 below the budget 
     request and $1,224,000 below the amount appropriated in 
     fiscal year 1995. The conferees expect the Bureau of 
     Reclamation to use the flexibility available to it in 
     managing the operation and maintenance program to ensure that 
     the most critical maintenance needs are met. In that regard, 
     the conferees agree with the language contained in the House 
     Report regarding the growth in the Associated Operation and 
     Maintenance Program and expect the Bureau of Reclamation to 
     derive a significant share of the reduction below the budget 
     request from the various Associated O&M Programs in order to 
     retain as much money as possible for operation and 
     maintenance of projects.
       The conferees note that the backlog in replacements, 
     additions, and extraordinary maintenance items continues to 
     grow for the Central Valley Project in California. In 
     addition, the conferees are concerned that the Bureau of 
     Reclamation has failed to comply with the directive to submit 
     a plan, by February of 1995, for reducing the backlog in 
     replacements, additions, and extraordinary maintenance items 
     in a timely manner and direct that this previously requested 
     plan be submitted as soon as possible. The conference 
     agreement does include $4,625,000 for replacements, 
     additions, and extraordinary maintenance items, the same as 
     the budget request. The conferees urge the Bureau of 
     Reclamation to continue its efforts to reach consensus with 
     the canal authorities on the manner that those funds are 
     allocated. The conference agreement also includes $5,454,000 
     for operation and maintenance of the Trinity River Division. 
     The amount provided includes sufficient funds to continue to 
     monitoring and tagging tasks, repair of winter damage, and 
     sediment control needed for continued management of the 
     Trinity River fishery.
       The conferees have been informed that landowners and 
     farmers suffered flooding and destruction of crops in March 
     1995 from waters of the Arroyo Pasajaro in Fresno County, 
     California. The waters were diverted from the San Luis Canal, 
     jointly operated by the Bureau of Reclamation and the State 
     of California. The conferees direct the Bureau to evaluate 
     the damage and report back to Congress on whether Federal 
     responsibility is involved and if steps should be taken to 
     provide compensation to those suffering damage.


                central valley project restoration fund

       The conferees direct that the $1,000,000 requested for the 
     San Joaquin River Basin Resource Management Initiative, and 
     any funds remaining from previous fiscal years, not be 
     expended for that purpose. This action is consistent with 
     action of the Congress during consideration of H.R. 1158. In 
     the reports accompanying that bill, the Bureau of Reclamation 
     was directed not to obligate any additional funds in fiscal 
     year 1995 for the San Joaquin River Basin Resource Management 
     Initiative.
       The conference agreement includes $12,281,000 for the 
     Shasta Dam Temperature Control Device, $1,000,000 above the 
     budget request.

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                               TITLE III

                          Department of Energy

       The summary tables at the end of this title set forth the 
     conference agreement with respect to the individual 
     appropriations, programs, and activities of the Department of 
     Energy. Additional items of conference agreements are 
     discussed below.


                       federal employment levels

       The Department of Energy has announced a strategic 
     alignment initiative which would reduce the number of Federal 
     employees by 27 percent over five years. The Department has 
     provided a summary of recommended employment levels and 
     proposed reductions by organization for fiscal year 1996. The 
     conferees expect the Department to make these proposed 
     employment reductions in those areas where the conference 
     agreement does not reduce employment levels below those 
     requested by the Department. The Department is to report to 
     the Committees on Appropriations the actual employment levels 
     as of March 1996 compared to the fiscal year 1995 baseline 
     and the Department's proposed employment levels.


                      support service contractors

       The conferees are aware of the extensive use of support 
     service contractors by the Department of Energy at 
     headquarters and the field offices. In many instances these 
     contractors are performing inherently governmental functions 
     such as assisting in program management and program execution 
     duties, representing program organizations at meetings inside 
     and outside the Department, preparing briefing materials, 
     newsletters, and budget justifications, and providing daily 
     administrative and clerical support.
       There are clearly instances where it is cost-effective to 
     use support service contractors to support Federal programs. 
     This would include functions such as custodial services, 
     guard services, operation of emergency communications centers 
     and mail rooms, and facility and grounds maintenance. In 
     addition to these types of commercial services, there are 
     situations where technical expertise is needed to augment 
     Federal efforts. These technical services would include such 
     tasks as automated data processing systems development for 
     the Department's corporate financial, procurement, and 
     personnel systems, systems review and reliability analyses, 
     and economic and environmental analyses. These tasks are 
     characterized by specific project schedules, milestones, and 
     deliverables.
       The conferees have no objection to continuing support 
     service contracts which can be documented to be cost-
     effective and which provide specific technical expertise not 
     available in the Federal work force at the Department. 
     However, the Department has increasingly used support service 
     contractors to augment the Federal work force for nonspecific 
     functions. This may be done to circumvent Federal employment 
     ceilings or funding constraints or because it is easier to 
     hire an outside contractor than to manage properly the 
     existing Federal work force.
       After excluding those support service contracts which are 
     documented to reflect the cost benefits of contracting for 
     the service, and those contracts which provide specific 
     technical expertise tied to a schedule and a deliverable, the 
     conferees expect funding for all other support service 
     contracts to decrease by 50 percent in fiscal year 1996. All 
     other categories of support service contracts should be 
     reduced by 15 percent in accordance with the Department's 
     strategic alignment initiative. The Department is directed to 
     submit semi-annual reports on the use of all support services 
     contracts at headquarters and the field. By organization, 
     appropriation, and program, this report should include the 
     name of the contractor, fiscal year 1996 funding, number of 
     employers, and a brief description of the work performed.


                   DEPARTMENTAL BUDGET JUSTIFICATIONS

       The Department does not budget for Federal employees in a 
     consistent manner throughout the whole organization. Using 
     existing budget justification materials, it is difficult to 
     determine where each Department of energy employee is located 
     and the costs associated with each. To alleviate these 
     discrepancies, in the fiscal year 1997 budget request the 
     Department is directed to include all salaries and related 
     expenses in the program that manages the employee. In 
     addition to salaries and benefits, the personnel cost for 
     each employee should include all related costs such as space 
     rental, utilities, materials and supplies, 
     telecommunications, and building maintenance. The 
     administrative services group will determine the amount of 
     these costs which should be charged to each program 
     organization to ensure consistency in budgeting.
       Within each appropriation account, each organization should 
     have one program direction line for all full-time equivalent 
     employees (FTEs), both field and headquarters, and provide 
     object class information for all expenses. No Federal 
     employees are to be funded in program accounts. Any 
     difference between the average cost of the fully loaded FTE 
     between specific programs should be explained in the budget 
     justification.


           ENERGY SUPPLY, RESEARCH AND DEVELOPMENT ACTIVITIES

       Amendment No. 22: Appropriates $2,727,407,000 for Energy 
     Supply, Research and Development Activities instead of 
     $2,576,700,000 (less $1,000,000) as proposed by the House and 
     $2,793,324,000 as proposed by the Senate, and deletes 
     language proposed by the Senate providing no more than 
     $7,500,000 for termination of the Gas Turbine-Modular Helium 
     Reactor program.


                  SOLAR AND RENEWABLE ENERGY PROGRAMS

       Funding of $2,000,000 for the solar international program 
     is to be allocated to non-governmental organizations which 
     are active in joint implementation activities to develop 
     specific international energy projects.
       Funding of $400,000 is provided to study the feasibility of 
     piping treated effluent from Santa Rosa to the Geysers for 
     injection.
       The conferees have provided $55,300,000 for biofuels energy 
     systems. An amount of $27,650,000 is allocated for the 
     categories of biochemical and thermochemical conversion, of 
     which $3,000,000 is for the Federal share of a 50/50 cost-
     shared biomass ethanol production plant in Gridley, 
     California, and the amount also includes the request for 
     capital equipment. With the remaining funds, the conferees 
     support and fully fund the biomass power projects in Vermont 
     and Hawaii, and have provided from the remainder of available 
     funds $3,940,000 for the regional biomass program.
       The conferees have not provided funding for the ocean 
     thermal energy systems program, now technical assistance and 
     other support for the Kotzebue, Alaska, project for a wind 
     energy system.
       Within the total funding provided for solar energy, the 
     conferees have included $2,988,000, the same as the budget 
     request, for the renewable energy production incentive (REPI) 
     program. The conferees urge the Department to fully fund both 
     tier 1 and tier 2 projects as outlined in its recently 
     published regulations. REPI program funding shall be 
     available only for so long as the tax credit for electricity 
     produced from certain renewable sources or the energy 
     investment credit for solar and geothermal property 
     (authorized by sections 1914 and 1916 of the Energy Policy 
     Act of 1992, respectively) remain in effect.
       Within funds available for hydrogen research, $250,000 
     shall be made available to an institution where expertise in 
     electrochemical (fuel cells), thermochemical and 
     photochemical reactions for hydrogen production may be 
     synergistically studied and the application to gas storage 
     and alternate vehicle technology may be integrated.
       The conferees have provided $1,500,000 for the hydropower 
     program which includes funding to support the cost-shared 
     program to develop an advanced energy-efficient turbine which 
     reduces environmental impacts on fish species.


                             NUCLEAR ENERGY

       The conferees realize that sufficient funding has not been 
     provided to complete all tasks as proposed in the 
     Department's budget request for the advanced light water 
     reactor program. Therefore, the conferees urge the Department 
     to apply funds within the light water reactor program to 
     cost-effectively complete essential activities.
       Termination funding of $7,500,000, the same as the budget 
     request, has been provided for the orderly close-out of the 
     gas turbine-modular helium reactor program. An orderly close-
     out shall include only the summary documentation of existing 
     technical data and information. All design, development, and 
     test programs shall be terminated.
       The conference agreement provides $25,000,000 for 
     electrometallurgical research and development in the 
     technology development program for Defense Environmental 
     Restoration and Waste Management. As recommended by the 
     National Academy of Sciences' assessment of the 
     electrometallurgical approach for treating spent nuclear 
     fuel, the conferees expect the Department to develop a plan 
     to support the EBR-II demonstration using this technology. If 
     this is successful, the Department should review the program 
     for application to other types of spent fuel and waste 
     management issues.
       No funding for the Soviet-designed reactor safety program 
     is included in the Energy Supply, Research and Development 
     appropriation account. Funding for this activity has been 
     included in the Other Defense Activities appropriation 
     account.


                                ISOTOPES

       The conferees agree to provide a total of $3,000,000--
     $1,000,000 in fiscal year 1996 in addition to $2,000,000 from 
     funds appropriated for this purpose in fiscal year 1995--to 
     continue development of the National Biomedical Tracer 
     Facility (NBTF). This funding should be used to acquire three 
     site specific conceptual designs from among the strongest 
     submissions received during the project definition study. 
     Additionally, the Department should assess all permanent or 
     interim upgrade NBTF proposals, including any from national 
     laboratories, according to a consistent set of evaluation 
     criteria including the capacity to produce a wide range of 
     isotopes for medical and research purposes; research, 
     technology transfer, education and training capabilities; and 
     overall cost effectiveness considering lifetime costs of the 
     facility as well as public-private partnerships and cost-
     sharing by state and local partners.
       The conferees support using up to $750,000 of available 
     funds within this account for completion of the Hanford 
     medical isotopes business planning and program development 
     project.
     
[[Page H10955]]



                     environment, safety and health

       The Radiation Effects Research Foundation (RERF) is a 
     private foundation co-funded by the governments of the United 
     States and Japan to study the effects of radiation on the 
     survivors of the Hiroshima and Nagasaki bombings. Since 1946, 
     the National Academy of Sciences has provided support and 
     oversight of scientific research on the consequences of the 
     acute radiation exposures suffered by the population of these 
     two cities, pursuant to an international agreement that co-
     funds activities at a 50-50 cost share, but this work has 
     been threatened by the dramatically declining value of the 
     dollar versus the yen. The conferees direct the 
     Administration to continue to work with the National Academy 
     of Sciences to achieve additional cost savings in this 
     program and with the Japanese government to review areas for 
     cost savings to reflect U.S. budgetary constraints. The 
     appropriate committees should be informed of any funding 
     changes before they become effective.
       The conferees are also interested in the assessment of the 
     continuing effectiveness and value of this program that is 
     being conducted by a scientific committee jointly appointed 
     by the U.S. and Japanese governments, and expect the 
     Department to review the continued funding for this activity 
     and report to the appropriate Congressional committees prior 
     to hearings on the fiscal year 1997 budget and upon 
     completion of the international scientific committee's 
     review.


                            energy research

     Biological and environmental research
       The conferees support the important work conducted at the 
     Inhalation Toxicology Research Institute. The conferees 
     further understand that the Institute is reviewing ways to 
     reduce its operating costs to the Department of Energy and to 
     increase access to its facilities by other Federal and non-
     Federal entities having research needs. The conferees support 
     these efforts to reduce costs and to meet both Federal and 
     non-Federal needs and requirements.
       Any general reductions to this account should be allocated 
     equitably across all program elements without terminating any 
     programs unilaterally.
     Fusion
       The conferees have provided $244,144,000, an increase of 
     $15,000,000 over the House recommendation, for the fusion 
     energy program. This funding is to support a program in 
     plasma science and fusion technology, and continue United 
     States participation in the engineering design activities 
     phase of the International Thermonuclear Experimental Reactor 
     project to which the United States is committed through 
     fiscal year 1998. The conferees do not agree with the Senate 
     language which recommended transferring computer work, 
     termination, severance and separation costs to other 
     activities within the Department, and transferring the heavy 
     ion fusion program to defense activities.
       With little prospect for increased funding for the fusion 
     base program over the next several years, it will be 
     necessary for the program to restructure its strategy, 
     content and near-to-medium-term objectives. The restructured 
     program should emphasize continued development of fusion 
     science, increased attention to concept improvement and 
     alternative approaches to fusion, and development and testing 
     of the low-activation structural materials so important for 
     fusion's attractiveness as an energy source.
       The Department of Energy, with participation of the fusion 
     community and the Fusion Energy Advisory Committee, is 
     instructed to prepare a strategic plan to implement such a 
     restructured program, to be completed by December 31, 1995. 
     This plan should assume a constant level of effort in the 
     base program for the next several years; as appropriate, it 
     should be integrated with plans of the international fusion 
     program; and it should address the institutional makeup of a 
     domestic program consistent with the funding assumptions.
       The conferees believe that, because of the stringent budget 
     realities facing this Nation, the promise of fusion energy 
     can only be realized through international collaboration. The 
     high cost of fusion development points to the increasing 
     importance of international cooperation as a means of 
     designing, building, and financing major magnetic fusion 
     facilities in the future. Because the United States has 
     committed to such an approach, it is crucial that a 
     restructuring of the fusion program maintain a strong 
     domestic base and not undermine our credibility as a reliable 
     international partner.
     Basic energy sciences
       The conferees make no recommendation with regard to the 
     siting of the new spallation source project. The Department 
     of Energy shall make that determination in a fair and 
     unbiased manner. The conferees direct the Department of 
     Energy to evaluate opportunities to upgrade existing reactors 
     and spallation sources as cost-effective means of providing 
     neutrons in the near term for the scientific community while 
     the next generation source is developed. This evaluation 
     shall be available prior to the Appropriations Committee's 
     hearings on the Department's fiscal year 1997 budget 
     submission.
       For purposes for reprogrammings during fiscal year 1996, 
     funding may be reallocated by the Department among all 
     operating accounts in basic energy sciences other than 
     program direction.
     Other energy research activities
       The conferees agree that to the extent nonprogram specific 
     general plant projects and general plant equipment are 
     required for the Oak Ridge National Laboratory and the Oak 
     Ridge Institute for Science and Education, they are to be 
     funded within the Basic Energy Science and Biological and 
     Environmental Research programs, respectively.
       The conference agreement provides $18,000,000 for the 
     laboratory technology transfer program. Within this funding, 
     up to $1,500,000 is available for severance costs for 17 
     current employees. The conferees recommend that the 
     Department identify and complete the most promising 
     cooperative research and development agreements during fiscal 
     year 1996.


                       energy support activities

     University science and education programs
       The conferees have provided $20,000,000 for this portion of 
     the Department's science and education activities. None of 
     the funds in this account may be used for salaries and 
     expenses other than up to $1,100,000 which is available for 
     severance costs for the 27 employees currently managing this 
     program.
       In addition to this individual program, the Department of 
     Energy spends will over $100,000,000 throughout all programs 
     to support science and education activities. The conferees 
     continue to support science and education activities funded 
     directly by programs and which have a direct correlation to 
     programmatic needs. The conferees do not agree to fund a 
     separate bureaucracy set up to manage only a small portion of 
     the science and education activities of the Department. In 
     fiscal year 1996, these activities are to be managed by the 
     Office of Energy Research as they were from 1977 to 1993. In 
     that way, this science and education program will be closely 
     coupled with the Department's research programs, and the 
     number of employees needed to support the program will be 
     significantly reduced.
       The conference agreement does not contain specific funding 
     directions for science and education activities, but urges 
     the Department to consider the views express in the Senate 
     report. The conferees also encourage the Secretary of Energy 
     to enter into an agreement with a qualified minority women's 
     model institution of excellence to support curriculum 
     development, research, training and other activities related 
     to energy research and environmental restoration and waste 
     management.


             environmental restoration and waste management

                             (non-defense)

       The conferees agree with the House report language on the 
     Wayne, New Jersey project.


                        indian energy resources

       From within available funds for the Energy Supply, Research 
     and Development appropriation account, $8,600,000 is provided 
     for Indian energy resources. The funding should be allocated 
     to provide $6,100,000 for continued preconstruction 
     activities for the Navajo transmission project, and 
     $2,000,000 for the Haida Alaska Native Village Corporation's 
     Reynolds Creek hydroelectric project. The conference 
     agreement includes $500,000 for the Crow Energy Project, 
     instead of $2,000,000 as proposed by the Senate. The 
     Department is encouraged to work through the Western Area 
     Technology Center In Butte, Montana, to provide any and all 
     assistance in making the Crow energy project a success.
       Amendment No. 23: Deletes language proposed by the Senate 
     providing that within available funds $56,000,000 may be 
     available to continue operation of the Tokamak Fusion Test 
     Reactor.
       Amendment No. 24: Deletes language proposed by the Senate 
     providing that within the amount for Indian Energy Resource 
     projects, $2,000,000 may be made available to fund the Crow 
     energy resources programs.
       Amendment No. 25: Deletes language proposed by the House 
     providing $44,772,000 to implement provisions of section 1211 
     of the Energy Policy Act of 1992.
       Amendment No. 26: Deletes language proposed by the Senate 
     allocating additional funds for renewable energy resources 
     and reducing departmental administration funding.


                uranium supply and enrichment activities

       The conference agreement adjusts the allocation of funding 
     for implementation of the depleted uranium hexafluoride 
     cylinders and maintenance program. These adjustments will 
     accelerate cleaning and painting of corroded cylinders at the 
     three gaseous diffusion plant sites and construction of a new 
     cylinder storage yard. These activities have been 
     accommodated by reallocating funding provided in the House 
     and Senate recommendations.


                general science and research activities

       Amendment No. 27: Appropriates $981,000,000 for General 
     Science and Research Activities instead of $991,000,000 as 
     proposed by the House and $971,000,000 as proposed by the 
     Senate.


                      nuclear waste disposal fund

       Amendment No. 28: Appropriates $151,600,000 as proposed by 
     the Senate instead of $226,600,000 as proposed by the House 
     and deletes language proposed by the Senate that authorizes 
     construction of an interim storage facility for spent nuclear 
     fuel.
       The conferees agree on the importance of continuing the 
     existing scientific work at Yucca Mountain to determine the 
     ultimate feasibility and licensability of the permanent 
     repository at that site. The conferees 
     
[[Page H10956]]

     direct the Department to refocus the repository program on 
     completing the core scientific activities at Yucca Mountain. 
     The Department should complete excavation of the necessary 
     portions of the exploratory tunnel and the scientific tests 
     needed to assess the performance of the repository. It should 
     defer preparation and filing of a license application for the 
     repository with the Nuclear Regulatory Commission until a 
     later date. The Department's goal should be to collect the 
     scientific information needed to determine the suitability of 
     the Yucca Mountain site and to complete a conceptual design 
     for the repository and waste package for later submission to 
     the Nuclear Regulatory Commission.


                    atomic energy defense activities

     Weapons activities
       Amendment No. 29: Appropriates $3,460,314,000 for Weapons 
     Activities instead of $3,273,014,000 as proposed by the House 
     and $3,751,719,000 as proposed by the Senate.
       The conference agreement provides $1,078,403,000 for core 
     stockpile stewardship activities which includes and 
     additional $40,000,000 for the accelerated strategic 
     computing initiative (ASCI). The conferees also support the 
     enhanced surveillance and dual revalidation programs.
       Funding of $37,400,000, the same as the budget request, is 
     provided for project 96-D-111, the National Ignition 
     Facility. Full funding for all inertial confinement fusion 
     program participants is provided as requested in the 
     Department's budget justification.
       The conference agreement provides an increase of 
     $106,000,000 over the House recommendation for stockpile 
     management to provide for enhanced stockpile surveillance, 
     advanced manufacturing, and core stockpile management 
     activities. However, the conferees believe it is premature to 
     initiate long-term capital improvements in advance of the 
     outcome of the stockpile stewardship/management programmatic 
     environmental impact statement process currently underway. 
     The conferees have not provided specific site funding, but 
     support fundamental initiatives in advanced manufacturing, 
     and additional emphasis on advanced computerized 
     manufacturing and dual revalidation techniques.
       The conferees have provided $115,000,000 for program 
     direction activities. The conferees support the liquefied 
     gaseous spill test facility and the facility's modeling 
     support center under the Department's emergency management 
     program funded in the Other Defense Activities appropriation 
     account.
       The conference agreement includes the use of $209,744,000 
     in prior year balances, an increase of $123,400,000 over the 
     budget request which included the use of $86,344,000.


         defense environmental restoration and waste management

       Amendment No. 30: Appropriates $5,557,532,000 for Defense 
     Environmental Restoration and Waste Management instead of 
     $5,265,478,000 a proposed by the House and $5,989,750,000 as 
     proposed by the Senate.
       The tables accompanying this conference agreement 
     reallocate funding for several construction projects as 
     requested by the Department to reflect the most recent 
     programmatic and site assumptions for fiscal year 1996 
     activities.
       Budget reductions should be taken in those areas which will 
     have the least impact on ongoing cleanup activities. The 
     conferees seek to the extent possible to protect funding 
     necessary to meet the cleanup milestones established in 
     compliance agreements with other Federal agencies, states, 
     and local agencies, by directing the cuts against support 
     service contracts, excessive Headquarters and field 
     oversight, large uncosted balances, and by reducing other 
     Department administrative expenses such as travel.
       The conferees direct that, to the maximum extent 
     practicable, funding reductions be taken against Headquarters 
     personnel and activities. Headquarters employees should be 
     reviewing and auditing field and contractor activities and 
     holding the contractors responsible for meeting performance 
     goals and milestones, not micromanaging each step of the 
     process from Headquarters through the financial plan process 
     and activity data sheets. A critical review of Headquarters' 
     approval processes for various activities would yield a 
     wealth of non-value added administrative steps which serve 
     primarily to delay, prolong, and diffuse responsibility for 
     direct and timely cleanup activities. Thus, the conferees 
     expect funding for Headquarters' organizations to be severely 
     curtailed during execution of the fiscal year 1996 program.
       The conferees also believe that legislative reforms in the 
     Department's cleanup program are long overdue, and will work 
     with the legislative committees to ensure that significant 
     changes are made in the cleanup program.
       The Department has indicated that the environmental 
     management organization plans to hire an additional 315 
     Federal employees in fiscal year 1996. The conferees do not 
     agree with this strategy. Every witness outside of the 
     Department who testified on this program stated that one of 
     the management problems was too many employees. While the 
     conferees are sympathetic that the program may not have the 
     correct mix of technical skills in the current work force, 
     they are not amenable to the concept of hiring 10% more 
     employees for this program in fiscal year 1996. Thus, the 
     Department is directed not to exceed the current Federal 
     employee ceiling and hire new employees only as current 
     employees leave.
       The conference agreement provides $1,635,973,000 for 
     environmental restoration. An additional $60,000,000 has been 
     provided to accelerate cleanup activities and reduce current 
     landlord costs and outyear funding requirements. The 
     conferees strongly support efforts at sites such as Fernald, 
     Ohio, and Rocky Flats, Colorado, which have developed 
     detailed plans to expedite cleanup actions and reduce costs 
     to the taxpayer.
       The conferees are in agreement with the Senate 
     recommendation to accelerate certain activities at the Idaho 
     National Engineering Laboratory. Within the waste management 
     account, funding is provided for preconstruction activities 
     such as design and engineering work on additional capacity 
     for dry storage of spent nuclear fuel and an advanced mixed 
     waste treatment facility. The conference agreement also 
     provides funding of $42,000,000 for project 96-D-406, the 
     nuclear fuel canister storage building and stabilization 
     facility in Richland, Washington.
       The conferees agree with the concern expressed by the 
     Senate that the Department is not providing sufficient 
     attention and resources to longer term basic science research 
     which needs to be done to ultimately reduce cleanup costs. 
     The current technology development program continues to favor 
     near-term applied research efforts while failing to utilize 
     the existing basic research infrastructure within the 
     Department and the Office of Energy Research. As a result of 
     this, the conferees direct that at least $50,000,000 of the 
     technology development funding provided to the environmental 
     management program in fiscal year 1996 be managed by the 
     Office of Energy Research and used to develop a program that 
     takes advantage of laboratory and university expertise. This 
     funding is to be used to stimulate the required basic 
     research, development and demonstration efforts to seek new 
     and innovative cleanup methods to replace current 
     conventional approaches which are often costly and 
     ineffective.
       In the technology development program, $25,000,000 has been 
     provided for electrometallurgical research and development. 
     The conferees have also included sufficient funding for the 
     Department to prepare a report on the potential of using 
     pentaborane for environmental remediation or other uses, the 
     estimated costs of the effort, and potential advantages and 
     disadvantages of the proposal. The Department's activities in 
     this area are to be confined to the preparation of this 
     report.
       The conferees expect the Department to direct more 
     resources toward activities surrounding storage, treatment, 
     and disposal of spent nuclear fuel currently stored at 
     Department of Energy sites.
       The conferees fully support the mission of the Hazardous 
     Materials Training Center at the Hanford site in Richland, 
     Washington, and direct the Department to adequately fund the 
     requested operating budget from the compliance and 
     coordination account.
       The conferees understand the need for economic development 
     funding to support local communities adversely impacted by 
     Department of Energy programs and to transition communities 
     which have lost jobs due to programmatic changes at 
     facilities, but are concerned that cleanup funds are being 
     used for economic development activities. With that 
     understanding, the conferees have provided $82,500,000 in the 
     worker and community transition program under other Defense 
     Activities which was established and authorized to fund such 
     activities, and expect all economic development activities to 
     be funded from that program.
       The conference agreement provides not more than $12,000,000 
     for public accountability activities in the analysis, 
     education and risk management program. The Department is 
     expected to review requests for this funding to reduce 
     duplication of efforts by various groups and excessive costs. 
     None of these funds may be used for reimbursement of travel 
     expenses of individuals traveling to Washington, DC.
       The conference agreement includes funding to maintain State 
     health studies in South Carolina, Tennessee, and Colorado at 
     the $7,300,000 level in fiscal year 1996. These funds are in 
     addition to the $9,950,000 for dose reconstruction or other 
     health studies including those conducted under a Memorandum 
     of Understanding between the Department of Health and Human 
     Services and DOE's Office of Environment, Safety and Health. 
     Additionally, the conferees direct that all of these studies 
     shall continue to be administered by the Office of 
     Environment, Safety and Health.
       The conference agreement supports the Hanford environmental 
     dose reconstruction project and health information network at 
     the budget request level, and continues the Hanford thyroid 
     study at $1,700,000, the same as the fiscal year 1995 level.
       The conferees are aware that the Draft Environmental Impact 
     Statement prepared by the Department of Energy on the 
     Proposed Nuclear Weapons Nonproliferation Policy Concerning 
     Foreign Research Spent Nuclear Fuel includes as an option the 
     importation of foreign spent nuclear fuel through civilian 
     ports. The conferees are concerned that some of these ports 
     may not have the security or the emergency management 
     capabilities needed to safely handle weapons grade or highly 
     irradiated nuclear material and that the designation of some 
     of these ports as a port of entry would necessitate that the 
     spent nuclear fuel be transported through 
     
[[Page H10957]]

     highly populated metropolitan areas. The Department of Energy 
     should take into consideration a port's willingness to be 
     designated as a port of entry for the foreign spent nuclear 
     fuel as one of the determining factors in the final selection 
     process and to the maximum extent feasible, the conferees 
     direct the Department of Energy to utilize military ports or 
     civilian ports which have expressed an interest in receiving 
     the spent fuel.
       The conference agreement includes the use of $667,240,000 
     of prior year balances, an increase of $390,298,000 over the 
     budget request, which included the use of $276,942,000.


                        Other Defense Activities

       Amendment No. 31: Appropriates $1,373,212,000 for Other 
     Defense Activities instead of $1,323,841,000 as proposed by 
     the House and $1,439,112,000 as proposed by the Senate.
       The conferees have provided $30,000,000 for the Soviet-
     designed reactor safety program, as proposed by the Senate, 
     and $10,000,000 for the Industrial Partnering Program. The 
     conference agreement also provides $3,600,000 to continue the 
     Department's role in the North Korean spent fuel project.


                    Nuclear Safeguards and Security

       The conferees are deeply concerned about the recent 
     direction in Executive Order 12958 to ``automatically 
     declassify'' and publicly release documents containing 
     National Security Information within five years whether or 
     not the records have been reviewed. Automatic 
     declassification creates a substantial and unnecessary risk 
     that information, including information regarding U.S. 
     nuclear weapons, will be inadvertently disclosed to potential 
     proliferators. Clearly such disclosure fundamentally 
     undermines U.S. nonproliferation efforts, and could effect 
     grave damage to U.S. national security. The conferees believe 
     that the automatic declassification of national security 
     records that could contain Restricted Data constitutes a 
     violation of the legal protections for Restricted Data 
     mandated by the Atomic Energy Act of 1954, as amended. 
     Although the conferees recognize that the Order provides an 
     exemption from automatic declassification for Restricted 
     Data, the conferees do not see how such an exemption can be 
     effectively implemented since the National Security 
     Information records slated for automatic release have a high 
     probability of containing some Restricted Data intermixed 
     within the National Security Information. Thus, short of a 
     Department of Energy review of all National Security 
     Information records believed by the Department to have a 
     probability of containing Restricted Data, there is no way to 
     ensure the protection of Restricted Data materials consistent 
     with the provisions of the Atomic Energy Act.
       Given the potential impact to national security through the 
     inappropriate release of Restricted Data, the conferees 
     believe the rush to automatically declassify sensitive 
     documents is not in the national interest. Therefore, the 
     conferees strongly urge the President to review and revise 
     Executive Order 12958 regarding Classified National Security 
     Information, and exempt from automatic declassification all 
     National Security Information files, including files of other 
     agencies, earmarked by the Department of Energy as 
     potentially containing Restricted Data.


                          funding adjustments

       The conferees direct the use of $70,000,000 of prior year 
     balances from this account, an increase of $57,000,000 from 
     the budget request of $13,000,000. The increase is to be 
     taken against unobligated and uncosted balances remaining in 
     the Materials Support program at the end of fiscal year 1995.
       Amendment No. 32: Deletes language proposed by the Senate 
     providing $4,952,000 for project 96-D-463, electrical and 
     utility systems upgrade at the Idaho Chemical Processing 
     Plant in Idaho. Funding for this project has been included in 
     the Defense Environmental Restoration and Waste Management 
     appropriation account.


                     defense nuclear waste disposal

       Amendment No. 33: Appropriates $248,400,000 as proposed by 
     the Senate instead of $198,400,000 as proposed by the House.
       Since passage of the Nuclear Waste Policy Act of 1982, as 
     amended, the nuclear waste fund has incurred costs for 
     activities related to disposal of high-level waste generated 
     from the atomic energy defense activities of the Department 
     of Energy. At the end of fiscal year 1994, the balance owed 
     by the Federal Government to the nuclear waste fund was 
     $664,000,000 (including principal and interest). Through 
     fiscal year 1995, a total of $361,930,000 has been paid to 
     the nuclear waste fund through the Defense Nuclear Waste 
     Disposal appropriation account.
       During fiscal year 1995, the defense contribution to the 
     nuclear waste fund was reestimated to the current amount of 
     $660,000,000. The recommendation of the conferees is to 
     provide $248,400,000 in fiscal year 1996 which will reduce 
     the deficit to $538,000,000 at the end of the fiscal year.
       Amendment No. 34: Inserts language providing that 
     $85,000,000 shall be available only for an interim storage 
     facility and only upon the enactment of statutory authority 
     instead of language proposed by the Senate clarifying the use 
     of the funds appropriated in the Defense Nuclear Waste 
     Disposal appropriation account.


                      departmental administration

       Amendment No. 35: Appropriates $366,697,000 for 
     Departmental Administration instead of $362,250,000 as 
     proposed by the House and $377,126,000 as proposed by the 
     Senate.
       Amendment No. 36: Applies revenues of $122,306,000 for use 
     in the Departmental Administration account as proposed by the 
     House instead of $137,306,000 as proposed by the Senate.
       Amendment No. 37: Provides a net appropriation of 
     $244,391,000 for a final year estimate of Departmental 
     Administration expenditures instead of $239,944,000 as 
     proposed by the House and $239,820,000 as proposed by the 
     Senate.
       While the conferees realize that this funding level for the 
     Departmental Administration account will cause reductions in 
     existing personnel at the Department of Energy, it should be 
     noted that the Secretary of Energy has initiated a strategic 
     alignment process which will also lead to downsizing of the 
     Department by 27 percent over the next five years. The 
     conference agreement assumes a 15-percent reduction in the 
     number of employees during fiscal year 1996 from the fiscal 
     year 1995 baseline. To the extent possible the additional 
     reductions should be targeted to correspond with reductions 
     in other programmatic areas in this bill. Solar and 
     renewables, fusion, nuclear energy, technology transfer, and 
     science and education programs are a few of the areas funded 
     below fiscal year 1995. Support and administrative workload 
     and staff focused on these areas should see a corresponding 
     reduction as should offices for activities such as quality 
     management and employee and contractor protection which have 
     grown significantly in the last two years.
       Reduced funding for this account was first proposed by the 
     House of Representatives in June of this year, but the 
     Department made no effort to prepare for the possibility that 
     actual funding reductions would be implemented on October 1, 
     1995. Thus, the impact of these reductions exceeds that which 
     may have occurred had the Department taken them seriously 
     several months ago. Another example of this was the 
     rescission of $20,000,000 of fiscal year 1995 funding which 
     the Department chose to allocate solely to contractual 
     services rather than personnel or programmatic areas. This 
     was ultimately short-sighted and has amplified the impact of 
     the fiscal year 1996 reduction.


                           secretarial travel

       In response to concerns about the breadth and scope of 
     Secretarial travel, the conferees issue directions and impose 
     limitations on appropriated funds as follows:
       1. Beginning in fiscal year 1997, the Department is 
     instructed to provide sufficient detail in its budget 
     justifications for the Office of the Secretary to provide for 
     identification of resources budgeted for secretarial travel.
       2. Costs to support travel of the Secretary, any special 
     assistants funded through the Office of the Secretary, and 
     any security detail accompanying the Secretary are to be 
     absorbed within the line item for the Office of the 
     Secretary.
       3. The Department is instructed to notify the House and 
     Senate Committees on Appropriations of any internal 
     reprogrammings which are executed to directly or indirectly 
     support departmental travel, regardless of the amount.
       4. No funds provided by this Act may be used to host or 
     subsidize the travel of any non-Federal participants in 
     secretarial missions.
       5. The Department is instructed to provide semi-annual 
     reports on secretarial travel to the House and Senate 
     Committees on Appropriations. In addition to providing a full 
     financial accounting of trips, these reports should identify: 
     travel dates and destinations, all persons accompanying or 
     advancing the Secretary, and the purpose and results of each 
     trip.

                    Office of the Inspector General

       Amendment No. 38: Appropriates $25,000,000 for the Office 
     of the Department of Energy Inspector General as proposed by 
     the Senate instead of $26,000,000 as proposed by the House. 
     From within available funds, the Office of Contractor 
     Employee Protection is to be funded in this account.


                     power marketing administration

                    bonneville power administration

       Recent actions by the Bonneville Power Administration have 
     led to concerns that the Bonneville Power Administration may 
     not make its Treasury payment in fiscal year 1996. The 
     conferees cannot state more strongly that failure by 
     Bonneville to make the full annual payment to Treasury will 
     seriously jeopardize its credibility with Congress and will 
     lead to more involvement by Congress in the management and 
     decision-making processes of the agency.
       The conferees are also concerned that Bonneville's much 
     touted cost cutting measures are more words than action. For 
     example, Bonneville has indicated its intent to downsize, but 
     plans to reduce its Federal work force by little more than 
     eight percent over three years. That is less that annual 
     attrition rates, and less that the Department of Energy has 
     proposed for other program organizations.


                  federal energy regulatory commission

       Amendment No. 39: Appropriates $131,290,000 as proposed by 
     the Senate instead of $132,290,000 as proposed by the House.
       The conference agreement provides $131,290,000 for the 
     Federal Energy Regulatory Commission. Revenues are 
     established at a rate equal to the amount provided for 
     
[[Page H10958]]

     program activities, resulting in a net appropriation of zero.
       The conferees recognize that Commission workload with 
     respect to the regulation of natural gas and oil is declining 
     as those industries become more competitive and, therefore, 
     concurs with the House and Senate Committees' recommendations 
     to reduce staff in the natural gas and oil pipelines program. 
     A 20-percent reduction over the next two years is 
     recommended.
       The conferees recognize the value in maintaining the 
     current staffing level for the electric power program. This 
     is necessary to respond to a significant increase in workload 
     due to the Commission's efforts to establish a competitive 
     wholesale bulk power market for electricity similar to what 
     has been accomplished in the natural gas area.
       To mitigate the impact of the recommended funding 
     reduction, the conferees encourage the Commission to employ 
     additional authority from prior years' unexpended balances, 
     as needed.
       The conferees direct the Commission to not approve the 
     transfer of electric generating facilities at Scott Dam at 
     Lake Pillsbury in Lake County, California, or Cape Horn Dam 
     in Mendocino County, California, unless the Commission 
     determines that such transfer will not adversely affect any 
     existing water rights and will not substantially change flow 
     levels in the Russian and Eel Rivers.
       Amendment No. 40: Applies revenues of $131,290,000 as 
     proposed by the Senate instead of $132,290,000 as proposed by 
     the House.

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                                TITLE IV

                          Independent Agencies


                    Appalachian Regional Commission

       Amendment No. 41: Appropriates $170,000,000 instead of 
     $142,000,000 as proposed by the House and $182,000,000 as 
     proposed by the Senate.
       Of the total amount appropriated, $57,355,000 is provided 
     for area development, $3,645,000 is provided for salaries and 
     expenses, and $109,000,000 is provided for the highway 
     program.
       The conferees direct that the Commission establish new area 
     development allocation criteria which place greater emphasis 
     on assistance to the more severely distressed counties.


                    Delaware River Basin Commission

       Amendment No. 42: Appropriates $343,000 for Salaries and 
     Expenses instead of $440,000 as proposed by the Senate and 
     appropriates $428,000 as a contribution to the Delaware River 
     Basin Commission instead of $478,000 as proposed by the 
     Senate and deletes language related to the compensation of 
     the United States Commissioner as proposed by the Senate. The 
     House included no similar provision.
       The conferees agree to provide final year funding for the 
     Delaware River Basin Commission. Funding is provided to 
     facilitate an orderly transition to financial self-
     sufficiency of the compact states and an orderly termination 
     of the Office of the Federal Commissioner. Committees of 
     authorizing jurisdiction will have an opportunity during 
     fiscal year 1996 to address any new institutional 
     arrangements or revisions to the Delaware River Basin Compact 
     that are necessary or desirable due to the prospective 
     termination of federal funding.


            Interstate Commission on the Potomac River Basin

       Amendment No. 43: Appropriates $511,000 as proposed by the 
     Senate. The House included no similar provision.
       The conferees agree to provide final year funding for the 
     Interstate Commission on the Potomac River Basin. Funding is 
     provided to facilitate an orderly transition to financial 
     self-sufficiency of the compact states. Committees of 
     authorizing jurisdiction will have an opportunity during 
     fiscal year 1996 to address any new institutional 
     arrangements or revisions to the compact creating the 
     Interstate Commission on the Potomac River Basin that are 
     necessary or desirable due to the prospective termination of 
     Federal funding.


                     nuclear regulatory commission

                         salaries and expenses

       Amendment No. 44: Appropriates $468,300,000 as proposed by 
     the House instead of $474,3000,000 as proposed by the Senate.
       Amendment No. 45: Derives $11,000,000 from the Nuclear 
     Waste Fund as proposed by the House instead of $17,000,000 as 
     proposed by the Senate.
       Amendment No. 46: Provides for a net appropriation of 
     $11,000,000 as proposed by the House instead of $17,000,000 
     as proposed by the Senate.


                  nuclear waste technical review board

       Amendment No. 47: Appropriates $2,531,000 as proposed by 
     the House instead of $2,664,000 as proposed by the Senate.


                   susquehanna river basin commission

       Amendment No. 48: Appropriates $318,000 for Salaries and 
     Expenses instead of $280,000 as proposed by the Senate and 
     appropriates $250,000 as a contribution to the Susquehanna 
     River Basin Commission instead of $288,000 as proposed by the 
     Senate and deletes language relating to the compensation of 
     the United States Commissioner as proposed by the Senate. The 
     House included no similar provision.
       The conferees agree to provide final year funding for the 
     Susquehanna River Basin Commission. Funding is provided to 
     facilitate an orderly transition to financial self-
     sufficiency of the compact states and an orderly termination 
     of the Office of the Federal Commissioner. Committees of 
     authorizing jurisdiction will have an opportunity during 
     fiscal year 1996 to address any new institutional 
     arrangements or revisions to the Susquehanna River Basin 
     Compact that are necessary or desirable due to the 
     prospective termination of Federal funding.


                       tennessee valley authority

       Amendment No. 49: Appropriates $109,169,000 for the 
     Tennessee Valley Authority instead of $103,339,000 as 
     proposed by the House and $110,339,000 as proposed by the 
     Senate.
       The appropriation is to be distributed among TVA programs 
     as follows: $71,169,000 for stewardship and land and water; 
     $5,000,000 for Land Between the Lakes; $16,000,000 for 
     economic development; and $17,000,000 for the environmental 
     research center.
       In conjunction with its efforts to reduce the need for 
     future appropriations at Land Between the Lakes through 
     reductions, savings and efficiencies, TVA may continue to use 
     its flexibility to allocate up to an additional $1,000,000 
     from its Stewardship funds to LBL. This flexibility will 
     allow TVA, if the need arises due to a lack of funds or other 
     emergency and/or crisis situations, to allocate additional 
     funding to promote the facilitation of LBL's transition to 
     increased financial self-sufficiency.
       Amendment No. 50: Includes language proposed by the Senate 
     that requires the Tennessee Valley Authority to submit to 
     Congress a plan for obtaining funding for the Environmental 
     Research Center from other sources amended to extend the 
     deadline for submission of such plan and to delete 
     limitations on expenditures for the TVA Environmental 
     Research Center.

                                TITLE V

                           General Provisions

       Amendment No. 51: Deletes language proposed by the House 
     repealing Sec. 505 of Public Law 102-377 which prohibits the 
     use of funds to conduct studies relating to changes in 
     pricing hydroelectric power by the six Federal public power 
     authorities and Sec. 208 of Public Law 99-349 which prohibits 
     the use of funds by the executive branch to solicit 
     proposals, prepare studies, or draft proposals to transfer 
     out of Federal ownership the Federal power marketing 
     administrations located within the contiguous 48 states, but 
     accepts House language repealing Sec. 510 of Public Law 101-
     514 which prohibits the use of funds by the executive branch 
     to change the employment levels determined by the 
     administrators of the Federal power marketing administrations 
     to be necessary to carry out their responsibilities. The 
     conferees agree that the statutory limitations do not 
     prohibit the Legislative Branch from initiating or conducting 
     studies or collecting information regarding the sale or 
     transfer of the power marketing administrations to non-
     Federal ownership.
       The conference agreement also inserts language which 
     extends the due date for the report required to be submitted 
     by Title 30 of Public Law 102-575, the Western Water Policy 
     Review Act of 1992. This extension is required because of the 
     delay by the Administration in establishing the Western Water 
     Policy Review Advisory Commission. The Bureau of Reclamation 
     may use up to $800,000 of available funds in support of the 
     work of the Commission.
       Amendment No. 52: Deletes language proposed by the House 
     and stricken by the Senate providing that no funds may be 
     used for programs, projects, or activities not in compliance 
     with applicable Federal law relating to risk assessment, 
     protection of property rights, or unfunded mandates and 
     inserts language which extends the authorization for the 
     Trinity River Restoration Program of the Central Valley 
     Project, California, for one year. The conferees are aware 
     that the House Resources Committee currently has under 
     consideration legislation to extend the authorization for 
     this program. This temporary extension will permit work to 
     continue on this important program pending action by the 
     authorizing committee.
       Amendment No. 53: Deletes language proposed by the House 
     and stricken by the Senate reducing the Nuclear Waste 
     Disposal Fund by $1,000, and inserts language that directs 
     the Secretary of the Interior to proceed without delay with 
     construction of those facilities of the Animas-La Plata 
     Project, Colorado and New Mexico, identified for construction 
     in the Final Biological Opinion for the project dated October 
     25, 1991.
       Amendment No. 54: Deletes language proposed by the House 
     and stricken by the Senate which provides that none of the 
     funds available in the Act for the U.S. Army Corps of 
     Engineers Upper Mississippi River--Illinios Waterway 
     Navigation Study may be used to study any portion of the 
     Mississippi River above Lock and Dam 14.
       The conferees believe that the language contained in the 
     Hospital-passed bill could restrict the ability of the Corps 
     of Engineers to undertake a comprehensive study of the 
     navigation needs on the Upper Mississippi River and Illinois 
     Waterway and have, therefore, agreed to delete the language. 
     The conferees do agree, however, with the intent of the 
     language and direct that the Corps of Engineers not study any 
     large-scale improvements on the Upper Mississippi River above 
     Lock and Dam 14.
       Amendment No. 55: Deletes language inserted by the Senate 
     pertaining to the amount of fish and wildlife costs that the 
     Bonneville Power Administration could incur, and inserts 
     language amending Public Law 88-552 and the Pacific Northwest 
     Electric Power Planning and Conservation Act to permit the 
     Bonneville Power Administration to sell excess Federal power 
     outside the Pacific Northwest; requiring the Northwest Power 
     and Conservation Planning Council to provide a report to 
     Congress; authorizing the Corps of Engineers to procure goods 
     through Bonneville using the authorities available to the 
     Administrator; maintaining the residential exchange power 
     program through fiscal year 1997; providing Bonneville Power 
     Administration employees with a voluntary separation 
     incentive up to $25,000; and authorizing these authorities to 
     extend beyond the fiscal year.
       The conferees are deeply concerned over the escalating and 
     uncoordinated fish and wildlife costs imposed on the 
     Bonneville Power Administration (BPA) and its customers due 
     to Endangered Species Act compliance. The conferees are 
     concerned that the current inability to control BPA's fish 
     and wildlife costs may result in the shifting of costs--both 
     directly and indirectly--to the Nation's taxpayers and to 
     non-Federal interests on the Columbia and Snake River system. 
     Such non-Federal interests include the region's electric 
     ratepayers, agriculture, non-Federal hydroelectric projects 
     owners, river users, reservoir users, water interests, and 
     others. The conferees strongly urge BPA and the 
     Administration to resist the temptation to shift fish and 
     wildlife costs onto the Nation's taxpayers and these non-
     Federal interests.
     
[[Page H10974]]

       The conferees understand that there is a nearly unanimous 
     call from affected parties--user groups, and ratepayers--in 
     the region of Washington, Oregon, Idaho and Montana to start 
     the review of the Pacific Northwest Power Planning and 
     Conservation Act. The provisions of the Northwest Power Act 
     that deserve careful consideration include, but are not 
     limited to, containing the region's fish and wildlife costs, 
     coordinating fish and wildlife expenditures, and granting the 
     region the ability to make the decisions with respect to such 
     costs. The conferees, therefore, urge a renewed review of the 
     Northwest Power Act within the authorizing committees in the 
     next session of Congress in an effort to answer these and 
     other important issues confronting the region.
       The conferees understand the Administration is taking steps 
     to control fish and wildlife costs as an interim measure. In 
     addition, the conferees direct the agencies involved to enter 
     into a Memorandum of Agreement establishing an overall salmon 
     recovery budget, and detailing the manner in which such 
     budget will be implemented.
       Sale of Excess Federal Power.--Excess power may be 
     generated by routine power operations, or fish and wildlife 
     operations, of either the Federal Columbia River Power System 
     or other electric power plants from which Bonneville is 
     contractually obligated to acquire electric power.
       This section removes restrictions from power made excess to 
     BPA contractual obligations by: 1) a customer's decision to 
     remove load from Bonneville, 2) hydrosystem operations, or 3) 
     purchases for the benefit of fish and wildlife. This gives 
     BPA greater flexibility in marketing, to increase its revenue 
     and its competitiveness.
       The legislation applies the term ``excess power'' to this 
     power. Currently, Bonneville's authorizing legislation 
     severely limits Bonneville's flexibility to market such 
     power, putting the agency at a marketing disadvantage and 
     restricting potential revenues. Bonneville may sell excess 
     power without, among other things, the regional preference 
     call back provisions of 60 days for energy sales and 60 
     months for capacity sales, and without the Bonneville Project 
     Act prohibition on resale of Federal power by private 
     entities not in the business of selling power in the retail 
     market. Surplus power which is surplus for reasons other than 
     the reasons stated above will continue to be governed by 
     existing marketing restrictions.
       Bonneville is allowed greater flexibility to provide 
     Pacific Northwest preference notice to regional customers for 
     out-of-region sales. This flexibility may include shorter 
     notice periods and less detailed information on in-program 
     negotiations. Notice periods may be very short for short-term 
     sales (for example, notice to accommodate hourly sales) and 
     for transactions that must be negotiated quickly. BPA may 
     also provide seasonal notices with price ranges requesting 
     interested parties to contact BPA to purchase power. In all 
     cases, prior to sales outside the Pacific Northwest, 
     Bonneville would continue to offer power first to Northwest 
     utilities and industries purchasing power from Bonneville. 
     Bonneville would offer excess power first to regional 
     customers under the same essential rate, terms and conditions 
     as for the proposed out-of-region sale. The Administrator has 
     discretion in making this determination given that the rate 
     may depend on terms and conditions for one purchaser that 
     would be inapplicable to another purchaser. The rate, as 
     under current law, will continue to be the price that BPA 
     applies to the proposed sale within the parameters of the 
     applicable rate schedule and based on the terms and 
     conditions of the sale.
       This legislation poses no significant risk or cost to 
     Bonneville's regional customers because the only power sold 
     outside the region without the restrictions is power 
     abandoned by regional customers and excess power generated or 
     purchased for the benefit of fish and wildlife. No other 
     amount of power can be sold outside the region without such 
     restrictions. Regional customers will continue to receive 
     first right to purchase excess power before it is sold 
     outside the region.
       Within 90 days, the Bonneville Power Administration, with 
     the concurrence of the Secretary of Energy, shall deliver a 
     report on the sale of excess Federal Power provision to the 
     House Commerce Committee, House Resources Committee, the 
     Senate Energy and Natural Resources Committee, and the House 
     and Senate Committies on Appropriations. This report will be 
     one of the factors considered in the comprehensive review of 
     the Bonneville Power Administration.
       Residential Exchange.--Establishes the total amount of 
     benefits available for residential and small farm consumers 
     of utilities participating in the residential exchange 
     program under section 5(c) of the Pacific Northwest Power 
     Planning and Conservation Act for fiscal year 1997. All 
     residential exchange benefits will continue to be passed 
     through in their entirety to the eligible residential and 
     small farm consumers of the respective utilities. The 
     conferees recognize the authority of the Bonneville Power 
     Administration to implement in lieu transactions, among other 
     actions, which could effectively terminate the residential 
     exchange after 2001. Consistent with the regional review, 
     Bonneville and its customers should work together to 
     gradually phase out the residential exchange program by 
     October 1, 2001. This should result in total fiscal year 1997 
     benefits to these consumers being approximately equivalent to 
     the benefits they received in fiscal year 1996.
       In order to maintain a sound financial position, the 
     conferees urge, to the extent practicable, BPA to take such 
     actions as are necessary to assure the proposed rate for 
     public utilities and direct services industries are not 
     increased from the initial proposal. In a further effort to 
     prevent load loss, the conferees urge Bonneville to pursue 
     load commitments from its public utility customers at an 
     appropriate level which assures Bonneville's continued 
     financial viability and recognizes customers' desires for 
     load diversification and to capture economies of scale by 
     pooling their resources.
       Amendment No. 56: Inserts a provision which would repeal 
     section 7 of the Magnetic Fusion Engineering Act as proposed 
     by the Senate, but does not repeal section 3131(c) of Public 
     Law 101-510, the National Defense Authorization Act for 
     Fiscal Year 1991, as proposed by the Senate because this was 
     an erroneous citation.
       Amendment No. 57: Deletes language proposed by the Senate 
     expressing the sense of the Senate on the conference on S. 4, 
     the Line Item Veto Act.
       Amendment No. 58: Deletes language proposed by the Senate 
     requiring reductions in energy costs of agency facilities.
       Amendment No. 59: Inserts language proposed by the Senate 
     regarding the regulation of water levels in Rainy Lake and 
     Namakan Lake in Minnesota, and changes the section number.

                   Conference Total--With Comparisons

       The total new budget (obligational) authority for the 
     fiscal year 1996 recommended by the Committee of Conference, 
     with comparison to the fiscal year 1995 amount, the 1996 
     budget estimates, and the House and Senate bills for 1966 
     follow:

New budget (obligational) authority, fiscal year 1995...$20,042,999,000
Budget estimates of new (obligational) authority, fiscal 20,562,044,000
House bill, fiscal year 1996.............................18,682,457,000
Senate bill, fiscal year 1996............................20,169,152,000
Conference agreement, fiscal year 1996...................19,336,311,000
Conference agreement compared with:
  New budget (obligational) authority, fiscal year 1995....-706,688,000
  Budget estimates of new (obligational) authority, fisca-1,225,733,000
  House bill, fiscal year 1996.............................+653,854,000
  Senate bill, fiscal year 1996............................-832,841,000

     John T. Myers,
     Harold Rogers,
     Joe Knollenberg,
     Frank Riggs,
     Rodney P. Frelinghuysen,
     Jim Bunn,
     Bob Livingston,
     Tom Bevill,
     Vic Fazio,
     Jim Chapman,
                                Managers on the Part of the House.

     Pete V. Domenici,
     Mark O. Hatfield,
     Thad Cochran,
     Slade Gorton,
     Mitch McConnell,
     Robert F. Bennett,
     Conrad Burns,
     Robert C. Byrd,
     Fritz Hollings,
     Harry Reid,
     Bob Kerrey,
     Patty Murray,
     Managers on the Part of the Senate.

                          ____________________