[Congressional Record Volume 142, Number 125 (Thursday, September 12, 1996)]
[House]
[Pages H10237-H10329]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     CONFERENCE REPORT ON H.R. 3816, ENERGY AND WATER DEVELOPMENT 
                        APPROPRIATIONS ACT, 1997

  Mr. MYERS of Indiana submitted the following conference report and 
statement on the bill (H.R. 3816) making appropriations for energy and 
water development for the fiscal year ending September 30, 1997, and 
for other purposes.

                  Conference Report (H. Rept. 104-782)

       The Committee of Conference on the disagreeing votes of the 
     two Houses on the amendment of the Senate to the bill (H.R. 
     3816) ``making appropriations for energy and water 
     development for the fiscal year ending September 30, 1997, 
     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 House recede from its disagreement to the 
     amendment of the Senate, and agree to the same with an 
     amendment, as follows:
       In lieu of the matter stricken and inserted by said 
     amendment insert:
       That the following sums are appropriated, out of any money 
     in the Treasury not otherwise appropriated, for the fiscal 
     year ending September 30, 1997, for energy and water 
     development, and for other purposes, namely:

                                TITLE I

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

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


                         general investigations

       For expenses necessary for the collection and study of 
     basic information pertaining to river and harbor, flood 
     control, shore protection, and related projects, restudy of 
     authorized projects, miscellaneous investigations, and, when 
     authorized by laws, surveys and detailed studies and plans 
     and specifications of projects prior to construction, 
     $153,872,000, to remain available until expended, of which 
     funds are provided for the following projects in the amounts 
     specified:
       Norco Bluffs, California $180,000;
       San Joaquin River Basin, Caliente Creek, California, 
     $150,000;
       Tampa Harbor, Alafia Channel, Florida, $100,000;
       Lake George, Hobart, Indiana, $100,000;
       Little Calumet River Basin, Cady Marsh Ditch, Indiana, 
     $200,000;
       Tahoe Basin Study, Nevada and California, $100,000;
       Barnegat Inlet to Little Egg Harbor Inlet, New Jersey, 
     $300,000;
       Brigantine Inlet to Great Egg Harbor Inlet, New Jersey, 
     $360,000;
       Great Egg Harbor Inlet to Townsends Inlet, New Jersey, 
     $200,000;
       Manasquan Inlet to Barnegat Inlet, New Jersey, $250,000;
       Townsends Inlet to Cape May Inlet, New Jersey, $245,000;
       South Shore of Staten Island, New York, $200,000;
       Mussers Dam, Middle Creek, Snyder County, Pennsylvania, 
     $450,000;
       Rhode Island South Coast, Habitat Restoration and Storm 
     Damage Reduction, Rhode Island, $100,000;
       Monongahela River, West Virginia, $500,000;
       Monongahela River, Fairmont, West Virginia, $100,000; and
       Tygart River Basin, Philippi, West Virginia, $100,000.


                         construction, general

       For the prosecution of river and harbor, flood control, 
     shore protection, and related projects authorized by laws; 
     and detailed studies, and plans and specifications, of 
     projects (including those for development with participation 
     or under consideration for participation by States, local 
     governments, or private groups) authorized or made eligible 
     for selection by law (but such studies shall not constitute a 
     commitment of the Government to construction), 
     $1,081,942,000, to remain available until expended, of which 
     such sums as are necessary pursuant to Public Law 99-662 
     shall be derived from the Inland Waterways Trust Fund, for 
     one-half of the costs of construction and rehabilitation of 
     inland waterways projects, including rehabilitation costs for 
     the Lock and Dam 25, Mississippi River, Illinois and 
     Missouri, Lock and Dam 14, Mississippi River, Iowa, and Lock 
     and Dam 24, Mississippi River, Illinois and Missouri, 
     projects, and of which funds are provided for the following 
     projects in the amounts specified:

[[Page H10238]]

       Red River Emergency Bank Protection, Arkansas, $3,000,000;
       San Timoteo Creek (Santa Ana River Mainstem), California, 
     $7,000,000;
       Indianapolis Central Waterfront, Indiana, $7,000,000;
       Indiana Shoreline Erosion, Indiana, $2,200,000;
       Harlan (Levisa and Tug Forks of the Big Sandy River and 
     Upper Cumberland River), Kentucky, $18,000,000;
       Martine County (Levisa and Tug Forks of the Big Sandy River 
     and Upper Cumberland River), Kentucky, $350,000;
       Middlesboro (Levisa and Tug Forks of the Big Sandy River 
     and Upper Cumberland River), Kentucky, $2,500,000;
       Pike County (Levisa and Tug Forks of the Big Sandy River 
     and Upper Cumberland River), Kentucky, $2,000,000;
       Town of Martin (Levisa and Tug Forks of the Big Sandy River 
     and Upper Cumberland River), Kentucky, $300,000;
       Williamsburg (Levisa and Tug Forks of the Big Sandy River 
     and Upper Cumberland River), Kentucky, $4,050,000;
       Salyersville, Kentucky, $3,000,000;
       Lake Pontchartrain and Vicinity, Louisiana, $17,025,000;
       Lake Pontchartrain (Jefferson Parish) Stormwater Discharge, 
     Louisiana, $4,750,000;
       Red River below Denison Dam Levee and Bank Stabilization, 
     Louisiana, Arkansas, and Texas, $100,000;
       Red River Emergency Bank Protection, Louisiana, $3,400,000;
       Glen Foerd, Pennsylvania, $800,000;
       South Central Pennsylvania Environmental Restoration 
     Infrastructure and Resource Protection Development Pilot 
     Program, Pennsylvania, $7,000,000;
       Seekonk River, Rhode Island Bridge removal, $650,000;
       Wallisville Lake, Texas, $7,500,000;
       Richmond Filtration Plant, Virginia, $3,500,000;
       Virginia Beach, Virginia $8,000,000;
       Hatfield Bottom (Levisa and Tug Forks of the Big Sandy 
     River and Upper Cumberland River), West Virginia, $1,300,000;
       Lower Mingo (Kermit) (Levisa and Tug Forks of the Big Sandy 
     River and Upper Cumberland River), West Virginia, $4,000,000;
       Lower Mingo, West Virginia, Tributaries Supplement, 
     $105,000; and
       Upper Mingo County (Levisa and Tug Forks of the Big Sandy 
     River and Upper Cumberland River), West Virginia, $3,500,000: 
     Provided, That of the funds provided for the Red River 
     Waterway, Mississippi River to Shreveport, Louisiana, 
     project, $3,000,000 is provided, to remain available until 
     expended, for design and construction of a regional visitor 
     center in the vicinity of Shreveport, Louisiana at full 
     Federal expense:
     Provided further, That the Secretary of the Army, acting 
     through the Chief of Engineers, is directed to use $1,000,000 
     of the funds appropriated in Public Law 104-46 for 
     construction of the Ohio River Flood Protection, Indiana, 
     project: Provided further, That the Secretary of the Army, 
     acting through the Chief of Engineers, is directed, in 
     cooperation with State, county, and city officials and in 
     consultation with the Des Moines River Greenbelt Advisory 
     Committee, to provide highway and other signs appropriate to 
     direct the public to the bike trail which runs from downtown 
     Des Moines, Iowa, to the Big Creek Recreation area at the 
     Corps of Engineers Saylorville Lake project and the wildlife 
     refuge in Jasper and Marion Counties in Iowa authorized in 
     Public Law 101-302: Provided further, That any law, 
     regulation, documents or record of the United States in which 
     such projects are referred to shall be held to refer to the 
     bike trail as the Neal Smith Bike Trail and to such centers 
     as the Neal Smith Prairie Wildlife Learning Center: Provided 
     further, That the Secretary is directed to initiate 
     construction on the Joseph G. Minish Historic Waterfront 
     Park, New Jersey, project; furthermore, the Secretary may 
     transfer not to exceed $900,000 from General Investigations 
     appropriations made in Title I of the Energy and Water 
     Development Appropriations Act, Public Law 103-126 (107 STAT. 
     1313) for the Passaic River, Mainstem, New Jersey, to 
     Construction, General for the Joseph G. Minish Historic 
     Waterfront Park, New Jersey, project and that the Committees 
     on Appropriations of the House and Senate shall be promptly 
     advised of such transfer: Provided further, That of the funds 
     provided herein, $1,000,000 shall be for payment to the 
     Kansas City Southern Industries, Inc. in partial 
     reimbursement of costs associated with the relocation and 
     modification of the Louisiana and Arkansas (L&A) Railway 
     Bridge at Alexandria, Louisiana, for navigation requirements 
     of the Red River navigation project: Provided further, That 
     using $500,000 of the funds appropriated for the Passaic 
     River Mainstem, New Jersey, project under the heading 
     ``General Investigations'' in Public law 103-126, the 
     Secretary of the Army, acting through the Chief of Engineers, 
     is directed to begin implementation of the Passaic River 
     Preservation of Natural Storage Areas separable element of 
     the Passaic River Flood Reduction Project, New Jersey: 
     Provided further, That the Secretary of the Army, acting 
     through the Chief of Engineers, is authorized and directed to 
     initiate construction on the following projects in the 
     amounts specified:
       Humboldt Harbor, California, $2,500,000;
       San Lorenzo River, California, $200,000;
       Faulkner's Island, Connecticut, $1,500,000;
       Chicago Shoreline, Illinois, $8,000,000;
       Pond Creek, Jefferson City, Kentucky, $1,500,000;
       Natchez Bluff, Mississippi, $4,500,000;
       Wood River, Grand Isle, Nebraska, $1,000,000;
       New York City Watershed, New York, $1,000,000;
       Duck Creek, Cincinnati, Ohio, $466,000;
       Saw Mill Run, Pittsburgh, Pennsylvania, $500,000;
       West Virginia and Pennsylvania Flooding, West Virginia and 
     Pennsylvania, $1,000,000;
       Upper Jordan River, Utah, $500,000
       San Juan Harbor, Puerto Rico, $800,000; and
       Allendale Dam, Rhode Island, $195,000: Provided further, 
     That no fully allocated funding policy shall apply to 
     construction of the projects listed above, and the Secretary 
     of the Army is directed to undertake these projects using 
     continuing contracts where sufficient funds to complete the 
     projects are not available from funds provided herein or in 
     prior years.


 flood control, mississippi river and tributaries, arkansas, illinois, 
       kentucky, louisiana, mississippi, missouri, and tennessee

       For expenses necessary for prosecuting work of flood 
     control, and rescue work, repair, restoration, or maintenance 
     of flood control projects threatened or destroyed by flood, 
     as authorized by law (33 U.S.C. 702a, 702g-1), $310,374,000, 
     to remain available until expended: Provided, That the 
     President of the Mississippi River Commission is directed 
     henceforth to use the variable cost recovery rate set forth 
     in OMB Circular A-126 for use of the Commission aircraft 
     authorized by the Flood Control Act of 1946, Public Law 526: 
     Provided further, That notwithstanding the funding 
     limitations set forth in Public Law 104-6 (109 Stat. 85), the 
     Secretary of the Army, acting through the Chief of Engineers, 
     is authorized and directed to use additional funds 
     appropriated herein or previously appropriated to complete 
     remedial measures to prevent slope instability at Hickman 
     Bluff, Kentucky.


                   operation and maintenance, general

       For expenses necessary for the preservation, operation, 
     maintenance, and care of existing river and harbor, flood 
     control, and related works, including such sums as may be 
     necessary for the maintenance of harbor channels provided by 
     a State, municipality or other public agency, outside of 
     harbor lines, and serving essential needs of general commerce 
     and navigation; surveys and charting of northern and 
     northwestern lakes and connecting waters; clearing and 
     straightening channels; and removal of obstructions to 
     navigation, $1,697,015,000, to remain available until 
     expended, of which such sums as become available in the 
     Harbor Maintenance Trust Fund, pursuant to Public Law 99-662, 
     may be derived from that fund, and of which such sums as 
     become available from the special account established by the 
     Land and Water Conservation Act of 1965, as amended (16 
     U.S.C. 460l), may be derived from that fund for construction, 
     operation, and maintenance of outdoor recreation facilities, 
     and of which funds are provided for the following projects in 
     the amounts specified:
       Raystown Lake, Pennsylvania, $4,190,000; and
       Cooper Lake and Channels, Texas, $2,601,000:

     Provided, That using $1,000,000 of the funds appropriated 
     herein, the Secretary of the Army, acting through the Chief 
     of Engineers, is directed to design and construct a landing 
     at Guntersville, Alabama, as described in the Master Plan 
     Report of the Nashville District titled ``Guntersville 
     Landing'' dated June, 1996: Provided further, That the 
     Secretary of the Army is directed to design and implement at 
     full Federal expense an early flood warning system for the 
     Greenbrier and Cheat River Basins, West Virginia within 
     eighteen months from the date of enactment of this Act: 
     Provided further, That the Secretary of the Army is directed 
     during fiscal year 1997 to maintain a minimum conservation 
     pool level of 475.5 at Wister Lake in Oklahoma: Provided 
     further, That no funds, whether appropriated, contributed, or 
     otherwise provided, shall be available to the United States 
     Army Corps of Engineers for the purpose of acquiring land in 
     Jasper County, South Carolina, in connection with the 
     Savannah Harbor navigation project: Provided further, That 
     the Secretary of the Army is directed to use $600,000 of 
     funding provided herein to perform maintenance dredging of 
     the Cocheco River navigation project, New Hampshire.


                           regulatory program

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


                 flood control and coastal emergencies

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


                            general expenses

       For expenses necessary for general administration and 
     related functions in the Office of the Chief of Engineers and 
     offices of the Division Engineers; activities of the Coastal 
     Engineering Research Board, the Humphreys Engineer Center 
     Support Activity, the Engineering Strategic Studies Center, 
     and the Water Resources Support Center, and for costs of 
     implementing the Secretary of the Army's plan to reduce the 
     number of division offices as directed in title I, Public Law 
     104-46, $149,000,000, to remain available until expended: 
     Provided, That no part of any other appropriation provided in 
     title I of this Act shall be available to fund the activities 
     of the Office of the Chief of Engineers or the executive 
     direction and management activities of the Division Offices: 
     Provided further, That with funds provided herein and 
     notwithstanding any other provision of law, the Secretary of 
     the Army shall develop and submit to

[[Page H10239]]

     the Congress (including the Committee on Environment and 
     Public Works of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives) within 60 days of enactment of this Act, a 
     plan which reduces the number of division offices within the 
     United States Army Corps of Engineers to no less than 6 and 
     no more than 8, with each division responsible for at least 4 
     district offices, but does not close or change any civil 
     function of any district office: Provided further, That 
     notwithstanding any other provision of law, the Secretary of 
     the Army is directed to begin implementing the division 
     office plan on April 1, 1997: Provided further, That up to 
     $1,500,000 may be transferred to this account from any other 
     appropriation account in this title.


                        administrative provision

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

                           GENERAL PROVISIONS

                       Corps of Engineers--Civil

       Sec. 101. (a) In fiscal year 1997, the Secretary of the 
     Army shall advertise for competitive bid at least 8,500,000 
     cubic yards of the hopper dredge volume accomplished with 
     government owned dredges in fiscal year 1992.
       (b) Notwithstanding the provisions of this section, the 
     Secretary is authorized to use the dredge fleet of the Corps 
     of Engineers to undertake projects when industry does not 
     perform as required by the contract specifications or when 
     the bids are more than 25 percent in excess of what the 
     Secretary determines to be a fair and reasonable estimated 
     cost of a well equipped contractor doing the work or to 
     respond to emergency requirements.
       Sec. 102. None of the funds appropriated herein or 
     otherwise made available to the Army Corps of Engineers, 
     including amounts contained in the Revolving Fund of the Army 
     Corps of Engineers, may be used to study, design or undertake 
     improvements or major repair of the Federal vessel, 
     McFARLAND, except for normal maintenance and repair necessary 
     to maintain the vessel McFARLAND's current operational 
     condition.
       Sec. 103. The flood control project for Moorefield, West 
     Virginia, authorized by section 101(a)(25) of the Water 
     Resources Development Act of 1990 (Public Law 101-640, 104 
     Stat. 4610) is modified to authorize the Secretary of the 
     Army to construct the project at a total cost of $26,200,000, 
     with an estimated first Federal cost of $20,300,000 and an 
     estimated first non-Federal cost of $5,900,000.
       Sec. 104. The project for navigation, Grays Landing Lock 
     and Dam, Monongahela River, Pennsylvania (Lock and Dam 7 
     Replacement), authorized by section 301(a) of the Water 
     Resources Development Act of 1986 (Public Law 99-662, 100 
     Stat. 4410) is modified to authorize the Secretary of the 
     Army to construct the project at a total cost of 
     $181,000,000, with an estimated first Federal cost of 
     $181,000,000.
       Sec. 105. From the date of enactment of this Act, non-
     structural flood control measures implemented under Section 
     202(a) of Public Law 96-367 shall prevent future losses that 
     would occur from a flood equal in magnitude to the April 1977 
     level by providing protection from the April 1977 level or 
     the 100-year frequency event, whichever is greater.
       Sec. 106. Notwithstanding any other provision of law, the 
     Secretary of the Army, acting through the Chief of Engineers, 
     is authorized to reprogram, obligate and expend such 
     additional sums as are necessary to continue construction and 
     cover anticipated contract earnings of any water resources 
     project that received an appropriation or allowance for 
     construction in or through an appropriations Act or 
     resolution of the then-current fiscal year or the two fiscal 
     years immediately prior to that fiscal year, in order to 
     prevent the termination of a contract or the delay of 
     scheduled work.
       Sec. 107. The Corps of Engineers is hereby directed to 
     complete the Charleston Riverfront (Haddad) Park Project, 
     West Virginia, as described in the design memorandum approved 
     November, 1992, on a 50-50 cost-share basis with the City. 
     The Corps of Engineers shall pay one-half of all costs for 
     settling contractor claims on the completed project and for 
     completing the wharf. The Federal portion of these costs 
     shall be obtained by reprogramming available Operations & 
     Maintenance funds. The project cost limitation in the Project 
     Cooperation Agreement shall be increased to reflect the 
     actual costs of the completed project.
       Sec. 108. The flood control project for Arkansas City, 
     Kansas authorized by section 401(a) of the Water Resources 
     Development Act of 1986 (Public Law 99-662, 100 Stat. 4116) 
     is modified to authorize the Secretary of the Army to 
     construct the project at a total cost of $38,500,000, with an 
     estimated first Federal cost of $28,100,000 and an estimated 
     first non-Federal cost of $10,400,000.
       Sec. 109. Funds previously provided under the Fiscal Year 
     1993 Energy and Water Development Act, Public Law 102-377, 
     for the Elk Creek Dam, Oregon project, are hereby made 
     available to plan and implement long term management measures 
     at Elk Creek Dam to maintain the project in an uncompleted 
     state and to take necessary steps to provide passive fish 
     passage through the project.
       Sec. 110. The Secretary of the Army is authorized and 
     directed to modify the project for the Hudson River, New 
     York, New York City to Waterford, authorized by the Act of 
     June 25, 1910 (Public Law 264, 61st Congress, 36 Stat. 635), 
     to include design and construction of a 300-foot wide channel 
     to a depth of 24 feet (mean low water), extending from the 
     existing Federal channel in the vicinity of the Hudson City 
     Light to the north dock at Union Street, Athens, New York.
       Sec. 111. Section 109(a) of Public Law 104-46 (109 Stat. 
     408) with regard to Prestonsburg, Kentucky, is amended by 
     striking ``Modification No. 2'' and inserting ``Modification 
     No. 3''.
       Sec. 112. The emergency gate construction project for 
     Abiquiu Dam, New Mexico, authorized by section 1112 of the 
     Water Resources Development Act of 1986 (Public Law 99-662, 
     100 stat. 4232) is modified to authorize the Secretary of the 
     Army, acting through the Chief of Engineers, to construct the 
     project at an estimated total cost of $7,000,000. The non-
     Federal share of the project shall be 25 percent of those 
     costs of the project attributable to an increase in flood 
     protection as a result of the installation of such gates.

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project


                central Utah project completion account

       For the purpose of carrying out provisions of the Central 
     Utah Project Completion Act, Public Law 102-575 (106 Stat. 
     4605), and for feasibility studies of alternatives to the 
     Uintah and Upalco Units, $42,527,000, to remain available 
     until expended, of which $16,700,000 shall be deposited into 
     the Utah Reclamation Mitigation and Conservation Account: 
     Provided, That of the amounts deposited in to the Account, 
     $5,000,000 shall be considered the Federal contribution 
     authorized by paragraph 402(b)(2) of the Act and $11,700,000 
     shall be available to the Utah Reclamation Mitigation and 
     Conservation Commission to carry out activities authorized 
     under the Act.
       In addition, for necessary expenses incurred in carrying 
     out responsibilities of the Secretary of the Interior under 
     the Act, $1,100,000, to remain available until expended.

                         Bureau of Reclamation

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


                         general investigations

       For engineering and economic investigations of proposed 
     Federal reclamation projects and studies of water 
     conservation and development plans and activities preliminary 
     to the reconstruction, rehabilitation and betterment, 
     financial adjustment, or extension of existing projects, 
     $16,650,000, to remain available until expended: Provided, 
     That of the total appropriated, the amount for program 
     activities which can be financed by the reclamation fund 
     shall be derived from that fund: Provided further, That funds 
     contributed by non-Federal entities for purposes similar to 
     this appropriation shall be available for expenditure for the 
     purposes for which contributed as though specifically 
     appropriated for said purposes, and such amounts shall remain 
     available until expended: Provided further, That of the total 
     appropriated, $250,000 shall be available to complete the 
     appraisal study and initiate preconstruction engineering and 
     design for the Del Norte County and Crescent City, 
     California, Wastewater Reclamation Project, and $250,000 
     shall be available to complete the appraisal study, and 
     initiate preconstruction engineering and design for the Fort 
     Bragg, California, Water Supply Project.


                          construction program

                     (including transfer of funds)

       For construction and rehabilitation of projects and parts 
     thereof (including power transmission facilities for Bureau 
     of Reclamation use) and for other related activities as 
     authorized by law, $394,056,000, to remain available until 
     expended, of which $22,410,000 shall be available for 
     transfer to the Upper Colorado River Basin Fund authorized by 
     section 5 of the Act of April 11, 1956 (43 U.S.C. 620d), and 
     $58,740,000 shall be available for transfer to the Lower 
     Colorado River Basin Development Fund authorized by section 
     403 of the Act of September 30, 1968 (43 U.S.C. 1543), and 
     such amounts as may be necessary shall be considered as 
     though advanced to the Colorado River Dam Fund for the 
     Boulder Canyon Project as authorized by the Act of December 
     21, 1928, as amended: Provided, That of the total 
     appropriated, the amount for program activities which can be 
     financed by the reclamation fund shall be derived from that 
     fund: Provided further, That transfers to the Upper Colorado 
     River Basin Fund and Lower Colorado River Basin Development 
     Fund may be increased or decreased by transfers within the 
     overall appropriation under this heading: Provided further, 
     That funds contributed by non-Federal entities for purposes 
     similar to this appropriation shall be available for 
     expenditures for the purposes for which contributed as though 
     specifically appropriated for said purposes, and such funds 
     shall remain available until expended: Provided further, That 
     all costs of the safety of dams modification work at Coolidge 
     Dam, San Carlos Irrigation Project, Arizona, performed under 
     the authority of the Reclamation Safety of Dams Act of 1978 
     (43 U.S.C. 506), as amended, are in addition to the amount 
     authorized in section 5 of said Act: Provided further, That 
     section 301 of Public Law 102-250, Reclamation States 
     Emergency Drought Relief Act of 1991, is amended by inserting 
     ``1996, and 1997'' in lieu of ``and 1996'': Provided further, 
     That the amount authorized by section 210 of Public Law 100-
     557 (102 Stat. 2791), is amended to $56,362,000 (October 1996 
     prices plus or minus cost indexing), and funds are authorized 
     to be appropriated through the twelfth fiscal year after 
     construction funds are first made available.

[[Page H10240]]

       Provided further, That utilizing funds appropriated for the 
     Tucson Aqueduct System Reliability Investigation, the Bureau 
     of Reclamation is directed to complete, by the end of fiscal 
     year 1997, the environmental impact statement being conducted 
     on the proposed surface reservoir. The Bureau of Reclamation 
     is further directed to work with the City of Tucson on any 
     outstanding issues related to the preferred alternative.


                       operation and maintenance

       For operation and maintenance of reclamation projects or 
     parts thereof and other facilities, as authorized by law; and 
     for a soil and moisture conservation program on lands under 
     the jurisdiction of the Bureau of Reclamation, pursuant to 
     law, $267,876,000, to remain available until expended: 
     Provided, That of the total appropriated, the amount for 
     program activities which can be financed by the reclamation 
     fund shall be derived from that fund, and the amount for 
     program activities which can be derived from the special fee 
     account established pursuant to the Act of December 22, 1987 
     (16 U.S.C. 460l-6a, as amended), may be derived from that 
     fund: Provided further, That funds advanced by water users 
     for operation and maintenance of reclamation projects or 
     parts thereof shall be deposited to the credit of this 
     appropriation and may be expended for the same purpose and in 
     the same manner as sums appropriated herein may be expended, 
     and such advances shall remain available until expended: 
     Provided further, That revenues in the Upper Colorado River 
     Basin Fund shall be available for performing examination of 
     existing structures on participating projects of the Colorado 
     River Storage Project.


               bureau of reclamation loan program account

       For the cost of direct loans and/or grants, $12,290,000, to 
     remain available until expended, as authorized by the Small 
     Reclamation Projects Act of August 6, 1956, as amended (43 
     U.S.C. 422a-422l); Provided, That such costs, including the 
     cost of modifying such loans, shall be as defined in section 
     502 of the Congressional Budget Act of 1974; Provided 
     further, That these funds are available to subsidize gross 
     obligations for the principal amount of direct loans not to 
     exceed $37,000,000.
       In addition, for administrative expenses necessary to carry 
     out the program for direct loans and/or grants, $425,000: 
     Provided, That of the total sums appropriated, the amount of 
     program activities which can be financed by the reclamation 
     fund shall be derived from the fund.


                central valley project restoration fund

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


                    general administrative expenses

       For necessary expenses of general administration and 
     related functions in the office of the Commissioner, the 
     Denver office, and offices in the five regions of the Bureau 
     of Reclamation, to remain available until expended, 
     $46,000,000 to be derived from the reclamation fund and to be 
     nonreimbursable pursuant to the Act of April 19, 1945 (43 
     U.S.C. 377): Provided, That no part of any other 
     appropriation in this Act shall be available for activities 
     or functions budgeted for the current fiscal year as general 
     administrative expenses.


                             special funds

                          (transfer of funds)

       Sums herein referred to as being derived from the 
     reclamation fund or special fee account are appropriate from 
     the special funds in the Treasury created by the Act of June 
     17, 1902 (43 U.S.C. 391) or the Act of December 22, 1987 (16 
     U.S.C. 460l-6a, as amended), respectively. Such sums shall be 
     transferred, upon request of the Secretary, to be merged with 
     and expended under the heads herein specified.


                        administrative provision

       Appropriations for the Bureau of Reclamation shall be 
     available for purchase of not to exceed 6 passenger motor 
     vehicles for replacement only.

                               TITLE III

                          DEPARTMENT OF ENERGY

                            Energy Programs


           energy supply, research and development activities

       For expense of the Department of Energy activities 
     including the purchase, construction and acquisition of plant 
     and capital equipment and other expenses necessary for energy 
     supply, research and development activities in carrying out 
     the purposes of the Department of Energy Organization Act (42 
     U.S.C. 7101, et seq.), including the acquisition or 
     condemnation of any real property or any facility or for 
     plant or facility acquisition, construction, or expansion; 
     purchase of passager motor vehicles (not to exceed 24 for 
     replacement only), $2,710,908,000, to remain available until 
     expended.


                uranium supply and enrichment activities

       For expenses of the Department of Energy in connection with 
     operating expenses; the purchase, construction, and 
     acquisition of plant and capital equipment and other expenses 
     necessary for uranium supply and enrichment activities in 
     carrying out the purposes of the Department of Energy 
     Organization Act (42 U.S.C. 7101, et seq.) and the Energy 
     Policy Act (Public Law 102-486, section 901), including the 
     acquisition or condemnation of any real property or any 
     facility or for plant or facility acquisition, construction, 
     or expansion; purchase of electricity as necessary; and the 
     purchase of passenger motor vehicles (not to exceed 3 for 
     replacement only); $43,200,000, to remain available until 
     expended: Provided, That revenues received by the Department 
     for uranium programs and estimated to total $42,200,000 in 
     fiscal year 1997 shall be retained and used for the specific 
     purpose of offsetting costs incurred by the Department for 
     such activities notwithstanding the provisions of 31 U.S.C. 
     330-2(b) and 42 U.S.C. 2296(b)(2): Provided further, That the 
     sum herein appropriated shall be reduced as revenues are 
     received during fiscal year 1997 so as to result in a final 
     fiscal year 1997 appropriation from the General Fund 
     estimated at not more than $1,000,000.
       Section 161k. of the Atomic Energy Act of 1954 (42 U.S.C. 
     2201k) with respect to the Paducah Gaseous Diffusion Plant, 
     Kentucky, and the Portsmouth Gaseous Diffusion Plant, Ohio, 
     the guidelines shall require, at a minimum, the presence of 
     an adequate number of security guards carrying side arms at 
     all times to ensure maintenance of security at the gaseous 
     diffusion plants.
       Section 311(b) of the USEC Privatization Act (Public Law 
     104-134, title III, chapter 1, subchapter A) insert the 
     following:
       ``(3) The Corporation shall pay to the Thrift Savings Fund 
     such employee and agency contributions as are required or 
     authorized by section 8432 and 8351 of title 5, United States 
     Code, for employees who elect to retain their coverage under 
     CSRS or FERS pursuant to paragraph (1).''.


      URANIUM ENRICHMENT DECONTAMINATION AND DECOMMISSIONING FUND

       For necessary expenses in carrying out uranium enrichment 
     facility decontamination and decommissioning remedial actions 
     and other activities of title II of the Atomic Energy Act of 
     1954 and title X, subtitle A of the Energy Policy Act of 
     1992, $200,200,000, to be derived from the Fund, to remain 
     available until expended: Provided, That $34,000,000 of 
     amounts derived from the Fund for such expenses shall be 
     available in accordance with title X, subtitle A, of the 
     Energy Policy Act of 1992.


                GENERAL SCIENCE AND RESEARCH ACTIVITIES

       For expenses of the Department of Energy activities 
     including the purchase, construction and acquisition of plant 
     and capital equipment and other expenses necessary for 
     general science and research activities in carrying out the 
     purposes of the Department of Energy Organization Act (42 
     U.S.C. 7101, et seq.), including the acquisition or 
     condemnation of any real property of facility or for plant or 
     facility acquisition, construction, or expansion, 
     $996,000,000, to remain available until expended.


                      NUCLEAR WASTE DISPOSAL FUND

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


                      departmental administration

       For salaries and expenses of the Department of Energy 
     necessary for Departmental Administration in carrying out the 
     purposes of the Department of Energy Organization Act (42 
     U.S.C. 7101, et seq.), including the hire of passenger motor 
     vehicles and official reception and representation expenses 
     (not to exceed $35,000), $215,021,000, to remain available 
     until expended, plus such additional amounts as necessary to 
     cover increases in the estimated amount of cost of work for 
     others notwithstanding the provisions of the Anti-Deficiency 
     Act (31 U.S.C. 1511, et seq.): Provided, That such increases 
     in cost of work are offset by revenue increases of the same 
     or greater amount, to remain available until expended: 
     Provided further, That moneys received by the Department for 
     miscellaneous revenues estimated to total $125,388,000 in 
     fiscal year 1997 may be retained and used for operating 
     expenses within this account, and may remain available until 
     expended, as authorized by section 201 of Public Law 95-238, 
     notwithstanding the provisions of 31 U.S.C. 3302: Provided 
     further, That the sum herein appropriated shall be reduced by 
     the amount of miscellaneous revenues received during fiscal 
     year 1997 so as to result in a final fiscal year 1997 
     appropriation from the General Fund estimated at not more 
     than $89,633,000.

[[Page H10241]]

                    office of the inspector general

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


                    atomic energy defense activities

                           weapons activities

       For Department of Energy expenses, including the purchase, 
     construction and acquisition of plant and capital equipment 
     and other expenses necessary for atomic energy defense 
     weapons activities in carrying out the purposes of the 
     Department of Energy Organization Act (42 U.S.C. 7101, et 
     seq.), including the acquisition or condemnation of any real 
     property or any facility or for plant or facility 
     acquisition, construction, or expansion; and the purchase of 
     passenger motor vehicles (not to exceed 94 for replacement 
     only), $3,911,198,000, to remain available until expended.


         defense environmental restoration and waste management

       For Department of Energy expenses, including the purchase, 
     construction and acquisition of plant and capital equipment 
     and other expenses necessary for atomic energy defense 
     environmental restoration and waste management activities in 
     carrying out the purposes of the Department of Energy 
     Organization Act (42 U.S.C. 7101, et seq.), including the 
     acquisition or condemnation of any real property or any 
     facility or for plant or facility acquisition, construction, 
     or expansion; and the purchase of passenger motor vehicles 
     (not to exceed 20, of which 19 are for replacement only), 
     $5,459,304,000, to remain available until expended and, in 
     addition, $160,000,000 for privatization initiatives, to 
     remain available until expended.


                        other defense activities

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


                     defense nuclear waste disposal

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

                    Power Marketing Administrations


         operation and maintenance, alaska power administration

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


                  bonneville power administration fund

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


      opertion and maintenance, southeastern power administration

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


      operation and maintenance, southwestern power administration

       For necessary expenses of operation and maintenance of 
     power transmission facilities and of marketing electric power 
     and energy, and for construction and acquisition of 
     transmission lines, substations and appurtenant facilities, 
     and for administrative expenses, including official reception 
     and representation expenses in an amount not to exceed $1,500 
     in carrying out the provisions of section 5 of the Flood 
     Control Act of 1944 (16 U.S.C. 825s), as applied to the 
     southwestern power area, $25,210,000, to remain available 
     until expended; in addition, notwithstanding the provisions 
     of 31 U.S.C. 3302, not to exceed $3,787,000 in 
     reimbursements, to remain available until expended.


 construction, rehabilitation, operation and maintenance western area 
                          power administration

                     (including transfer of funds)

       For carrying out the functions authorized by title III, 
     section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 
     7101, et seq.), and other related activities including 
     conservation and renewable resources programs as authorized, 
     including official reception and representation expenses in 
     an amount not to exceed $1,500 $193,582,000, to remain 
     available until expended, of which $185,687,000 shall be 
     derived from the Department of the Interior Reclamation Fund: 
     Provided, That of the amount herein appropriated, $5,432,000 
     is for deposit into the Utah Reclamation Mitigation and 
     Conservation Account pursuant to title IV of the Reclamation 
     Projects Authorization and Adjustment Act of 1992: Provided 
     further, That the Secretary of the Treasury is authorized to 
     transfer from the Colorado River Dam Fund to the Western Area 
     Power Administration $3,774,000 to carry out the power 
     marketing and transmission activities of the Boulder Canyon 
     project as provided in section 104(a)(4) of the Hoover Power 
     Plant Act of 1984, to remain available until expended.


           falcon and amistad operating and maintenance fund

       For operation, maintenance, and emergency costs for the 
     hydroelectric facilities at the Falcon and Amistad Dams, 
     $970,000 to remain available until expended, and to be 
     derived from the Falcon and Amistad Operating and Maintenance 
     Fund of the Western Area Power Administration, as provided in 
     section 423 of the Foreign Relations Authorization Act, 
     fiscal years 1994 and 1995.

                  Federal Energy Regulatory Commission


                         salaries and expenses

       For necessary expenses of the Federal Energy Regulatory 
     Commission to carry out the provisions of the Department of 
     Energy Organization Act (42 U.S.C. 7101, et seq.), including 
     services as authorized by 5 U.S.C. 3109, the hire of 
     passenger motor vehicles, and official reception and 
     representation expenses (not to exceed $3,000), $146,290,000, 
     to remain available until expended: Provided, That 
     notwithstanding any other provision of law, not to exceed 
     $146,290,000 of revenues from fees and annual charges, and 
     other services and collections in fiscal year 1997 shall be 
     retained and used for necessary expenses in this account, and 
     shall remain available until expended: Provided further, That 
     the sum herein appropriated shall be reduced as revenues are 
     received during fiscal year 1997 so as to result in a final 
     fiscal year 1997 appropriation from the General Fund 
     estimated at not more than $0.

                           General Provisions

     SEC. 301. PRIORITY PLACEMENT, JOB PLACEMENT, RETRAINING, AND 
                   COUNSELING PROGRAMS FOR UNITED STATES 
                   DEPARTMENT OF ENERGY EMPLOYEES AFFECTED BY A 
                   REDUCTION IN FORCE.

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

                                TITLE IV

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

       For expenses necessary to carry out the programs authorized 
     by the Appalachian Regional Development Act of 1965, as 
     amended, notwithstanding section 405 of said Act, and for 
     necessary expenses for the Federal Co-Chairman and the 
     alternate on the Appalachian Regional Commission and for 
     payment of the Federal share of the administrative expenses 
     of the Commission, including services as authorized by 5 
     U.S.C. 3109, and hire of passenger motor vehicles, 
     $160,000,000, to remain available until expended.

                Defense Nuclear Facilities Safety Board


                         salaries and expenses

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

[[Page H10242]]

                     Nuclear Regulatory Commission


                         salaries and expenses

                     (including transfer of funds)

       For necessary expenses of the Commission in carrying out 
     the purposes of the Energy Reorganization Act of 1974, as 
     amended, and the Atomic Act of 1954, as amended, including 
     the employment of aliens; services authorized by 5 U.S.C. 
     3109; publication and dissemination of atomic information; 
     purchase, repair, and cleaning of uniforms; official 
     representation expenses (not to exceed $20,000); 
     reimbursements to the General Services Administration for 
     security guard services; hire of passenger motor vehicles and 
     aircraft, $471,800,000, to remain available until expended: 
     Provided, That of the amount appropriated herein, $11,000,000 
     shall be derived from the Nuclear Waste Fund: Provided 
     further, That from this appropriation, transfer of sums may 
     be made to other agencies of the Government for the 
     performance of the work for which this appropriation is made, 
     and in such cases the sums so transferred may be merged with 
     the appropriation to which transferred: Provided further, 
     That moneys received by the Commission for the cooperative 
     nuclear safety research program, services rendered to foreign 
     governments and international organizations, and the material 
     and information access authorization programs, including 
     criminal history checks under section 149 of the Atomic 
     Energy Act may be retained and sued for salaries and expenses 
     associated with those activities, notwithstanding 31 U.S.C. 
     3302, and shall remain available until expended: Provided 
     further, That revenues from licensing fees, inspection 
     services, and other services and collections estimated at 
     $457,300,000 in fiscal year 1997 shall be retained and used 
     for necessary salaries and expenses in this account, 
     notwithstanding 31 U.S.C. 3302, and shall remain available 
     until expended: Provided further, That the funds herein 
     appropriated for regulatory reviews and other activities 
     pertaining to waste stored at the Hanford site, Washington, 
     shall be excluded from license fee revenues, notwithstanding 
     42 U.S.C. 2214: Provided further, That the sum herein 
     appropriated shall be reduced by the amount of revenues 
     received during fiscal year 1997 from licensing fees, 
     inspection services and other services and collections, 
     excluding those moneys received for the cooperative nuclear 
     safety research program, services rendered to foreign 
     governments and international organizations, and the material 
     and information access authorization programs, so as to 
     result in a final fiscal year 1997 appropriation estimated at 
     not more than $14,500,000.

                      Office of Inspector General


                     (including transfer of funds)

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, as amended, including services authorized by 5 
     U.S.C. 3109, $5,000,000, to remain available until expended; 
     and in addition, an amount not to exceed 5 percent of this 
     sum may be transferred from Salaries and Expenses, Nuclear 
     Regulatory Commission: Provided, That notice of such 
     transfers shall be given to the Committees on Appropriations 
     of the House and Senate: Provided further, That from this 
     appropriation, transfers of sums may be made to other 
     agencies of the Government for the performance of the work 
     for which this appropriation is made, and in such cases the 
     sums so transferred may be merged with the appropriation to 
     which transferred: Provided further, That revenues from 
     licensing fees, inspection services, and other services and 
     collections shall be retained and used for necessary salaries 
     and expenses in this account, notwithstanding 31 U.S.C. 3302, 
     and shall remain available until expended: Provided further, 
     That the sum herein appropriated shall be reduced by the 
     amount of revenues received during fiscal year 1997 from 
     licensing fees, inspection services, and other services and 
     collections, so as to result in a final fiscal year 1997 
     appropriation estimated at not more than $0.

                  Nuclear Waste Technical Review Board


                         SALARIES AND EXPENSES

       For necessary expenses of the Nuclear Waste Technical 
     Review Board, as authorized by Public Law 100-203, section 
     5051, $2,531,000, to be derived from the Nuclear Waste Fund, 
     and to remain available until expended.

                       Tennessee Valley Authority

       For the purpose of carrying out the provisions of the 
     Tennessee Valley Authority Act of 1933, as amended (16 U.S.C. 
     ch. 12A), including hire, maintenance, and operation of 
     aircraft, and purchase and hire of passenger motor vehicles, 
     $106,000,000, to remain available until expended: Provided, 
     That of the funds provided herein, $15,000,000 shall be made 
     available for the Environmental Research Center in Muscle 
     Shoals, Alabama: Provided further, That of the funds provided 
     herein, $6,000,000 shall be made available for operation, 
     maintenance, improvement, and surveillance of Land Between 
     the Lakes: Provided further, That of the amount provided 
     herein, $15,000,000 shall be available for Economic 
     Development activities: Provided further, that none of the 
     funds provided herein, shall be available for detailed 
     engineering and design or constructing a replacement for 
     Chickamauga Lock and Dam on the Tennessee River System.

                                TITLE V

                           General Provisions

       Sec. 501. (a) Purchase of American-Made Equipment and 
     Products.--It is the sense of the congress that, to the 
     greatest extent practicable, all equipment and products 
     purchased with funds made available in this Act should be 
     American-made.
       (b) Notice Requirement.--In providing financial assistance 
     to, or entering into any contract with, any entity using 
     funds made available in this Act, the head of each Federal 
     agency, to the greatest extent practicable, shall provide to 
     such entity a notice describing the statement made in 
     subsection (a) by the Congress.
       (c) Prohibition of Contracts With Persons Falsely Labeling 
     Products as Made in America.--If it has been finally 
     determined by a court or Federal agency that any person 
     intentionally affixed a label bearing ``Made in America'' 
     inscription, or any inscription with the same meaning, to any 
     product sold in or shipped to the United States that is not 
     made in the United States, the person shall be ineligible to 
     receive any contract or subcontract made with funds made 
     available in this Act, pursuant to the debarment, suspension, 
     and ineligibility procedures described in sections 9.400 
     through 9.409 of title 48, Code of Federal Regulations.
       Sec. 502. 42 U.S.C. 7262 is repealed.
       Sec. 503. (a) None of the funds appropriated or otherwise 
     made available by this Act may be used to determine the final 
     point of discharge for the interceptor drain for the San Luis 
     Unit until development by the Secretary of the Interior and 
     the State of California of a plan, which shall conform to the 
     water quality standards of the State of California as 
     approved by the Administrator of the Environmental Protection 
     Agency, to minimize any detrimental effect of the San Luis 
     drainage waters.
       (b) The costs of the Kesterson Reservoir Cleanup Program 
     and the costs of the San Joaquin Valley Drainage Program 
     shall be classified by the Secretary of the Interior as 
     reimbursable or nonreimbursable and collected until fully 
     repaid pursuant to the ``Cleanup Program--Alternative 
     Repayment Plan'' and the ``SJVDP--Alternative Repayment 
     Plan'' described in the report entitled ``Repayment Report, 
     Kesterson Reservoir Cleanup Program and San Joaquin Valley 
     Drainage Program, February 1995'', prepared by the Department 
     of the Interior, Bureau of Reclamation. Any future 
     obligations of funds by the United States relating to, or 
     providing for, drainage service or drainage studies for the 
     San Luis Unit shall be fully reimbursable by San Luis Unit 
     beneficiaries of such service or studies pursuant to Federal 
     Reclamation law.
       Sec. 504. None of the funds made available in this Act may 
     be used to revise the Missouri River Master Water Control 
     Manual when it is made known to the Federal entity or 
     official to which the funds are made available that such 
     revision provides for an increase in the springtime water 
     release program during the spring heavy rainfall and snow 
     melt period in States that have rivers draining into the 
     Missouri River below the Gavins Point Dam.
       Sec. 505. Public Law 101-514, the Energy and Water 
     Development Appropriations Act, 1991, is amended effective 
     September 30, 1997 or upon operation of the temperature 
     control device, by striking the proviso under the heading 
     ``Construction, Rehabilitation, Operations and Maintenance, 
     Western Area Power Administration''.
       Sec. 506. The Secretary of the Interior shall extend the 
     water service contracts for the following projects, entered 
     into by the Secretary of the Interior under subsection (e) of 
     section 9 of the Reclamation Project Act of 1939 (43 U.S.C. 
     485h) and section 9(c) of the Act of December 22, 1944 (58 
     Stat. 891, chapter 665), for a period of 1 additional year 
     after the dates on which each of the contracts, respectively, 
     would expire but for this section:
       (1) The Bostwick District (Kansas portion), Missouri River 
     Basin Project, consisting of the project constructed and 
     operated under the Act of December 22, 1944 (58 Stat. 887, 
     chapter 665), as a component of the Pick-Sloan Missouri Basin 
     Program, situated in Republic County, Jewell County, and 
     Cloud County, Kansas.
       (2) The Bostwick District (Nebraska portion), Missouri 
     River Basin Project, consisting of the project constructed 
     and operated under the Act of December 22, 1944 (58 Stat. 
     887, chapter 665), as a component of the Pick-Sloan Missouri 
     Basin Program, situated in Harlan County, Franklin County, 
     Webster County, and Nuckolls County, Nebraska.
      (3) The Frenchman-Cambridge District, Misouri River Basin 
     Project, consisting of the project constructed and operated 
     under the Act of December 22, 1944 (58 Stat. 887, chapter 
     665), as a component of the Pick-Sloan Missouri Basin 
     Program, siutated in Chase County, Frontier County, Hitchcock 
     County, Furnas County, and Harlan County, Nebraska.
       Sec. 507. Funds made available by this Act to the 
     Department of Energy shall be available only for the purposes 
     for which they have been made available by this Act. The 
     Department of Energy shall report by February 28, 1997 to the 
     Committees on Appropriations of the House and Senate of the 
     Department of Energy's adherence to the recommendation 
     included in the accompanying report
       Sec. 508. (a) Denial of Funds for Preventing ROTC Access to 
     Campus.--None of the funds made available in this Act may be 
     provided by contract or by grant (including a grant of funds 
     to be available for student aid) to a subelement of an 
     institution of higher education when it is made known to the 
     Federal official having authority to obligate or expend such 
     funds that the subelement of such institution has a policy or 
     practice (regardless of when implemented) that prohibits, or 
     in effect prevents--
       (1) the maintaining, establishing, or operation of a unit 
     of the Senior Reserve Officer Training Corps (in accordance 
     with section 654 of title 10, United States Code, and other 
     applicable Federal laws) at the subelement of such 
     institution; or
       (2) a student at the institution (or subelement) from 
     enrolling in a unit of the Senior Reserve Officer Training 
     Corps at another institution of higher education.
       (b) Exception.--The limitation established in subsection 
     (a) shall not apply to an institution of higher education 
     when it is made known to

[[Page H10243]]

     the Federal official having authority to obligate or expend 
     such funds that--
       (1) the institution (or subelement) has ceased the policy 
     or practice described in such subsection; or
       (2) the institution has a longstanding policy of pacifism 
     based on historical religious affiliation.
       Sec. 509. (a) Denial of Funds for Preventing Federal 
     Military Recruiting on Campus.--None of the funds made 
     available in this Act may be provided by contract or grant 
     (including a grant of funds to be available for student aid) 
     to a subelement of an institution of higher education when it 
     is made known to the Federal official having authority to 
     obligate or expend such funds that the subelement of such 
     institution has a policy or practice (regardless of when 
     implemented) that prohibits, or in effect prevents--
       (1) entry to campuses, or access to students (who are 17 
     years of age or older) on campuses, for purposes of Federal 
     military recruiting; or
       (2) access to the following information pertaining to 
     students (who are 17 years of age or older) for purposes of 
     Federal military recruiting: student names, addresses, 
     telephone listings, dates and places of birth, levels of 
     education, degrees received, prior military experience, and 
     the most recent previous educational institutions enrolled in 
     by the students.
       (b) Exception.--The limitation established in subsection 
     (a) shall not apply to an institution of higher education 
     when it is made known to the Federal official having 
     authority to obligate or expend such funds that--
       (1) the institution (or subelement) has ceased the policy 
     or practice described in such subsection; or
       (2) the institution has a longstanding policy of pacifism 
     based on historical religious affiliation.
       Sec. 510. None of the funds made available in this Act may 
     be obligated or expended to enter into or renew a contract 
     with an entity when it is made known to the Federal official 
     having authority to obligate or expend such funds that--
       (1) such entity is otherwise a contractor with the United 
     States and is subject to the requirement in section 4212(d) 
     of title 38, United States Code, regarding submission of an 
     annual report to the Secretary of Labor concerning employment 
     of certain veterans; and
       (2) such entity has not submitted a report as required by 
     that section for the most recent year for which such 
     requirement was applicable to such entity.
       Sec. 511. The Administrator may offer employees voluntary 
     separation incentives as deemed necessary which shall not 
     exceed $25,000. Recipients who accept employment with the 
     United States within five years after separation shall repay 
     the entire amount to the Bonneville Power Administration. 
     This authority shall expire September 30, 2000.
       Sec. 512. Following section 4(h)(10(C) of the Northwest 
     Power Planning and Conservation Act, insert the following new 
     section:
       (4)(h)(10)(D) Independent Scientific Review Panel.--(i) The 
     Northwest Power Planning Council (Council) shall appoint an 
     Independent Scientific Review Panel (Panel), which shall be 
     comprised of eleven members, to review projects proposed to 
     be funded through that portion of the Bonneville Power 
     Administration's (BPA) annual fish and wildlife budget that 
     implements the Council's fish and wildlife program. Members 
     shall be appointed from a list of no fewer than 20 scientists 
     submitted by the National Academy of Sciences (Academy), 
     provided that Pacific Northwest scientists with expertise in 
     Columbia River anadromous and non-anadromous fish and 
     wildlife and ocean experts shall be among those represented 
     on the Panel. The Academy shall provide such nominations 
     within 90 days of the date of this enactment, and in any case 
     not later than December 31, 1996. If appointments are 
     required in subsequent years, the Council shall request 
     nominations from the Academy and the Academy shall provide 
     nominations not later than 90 days after the date of this 
     request. If the Academy does not provide nominations within 
     these time requirements, the Council may appoint such members 
     as the Council deems appropriate.
       (ii) Scientific Peer Review Groups.--The Council shall 
     establish Scientific Peer Review Groups (Peer Review Groups), 
     which shall be comprised of the appropriate number of 
     scientists, from a list submitted to the Academy to assist 
     the Panel in making its recommendations to the Council for 
     projects to be funded through BPA's annual fish and wildlife 
     budget, provided that Pacific Northwest scientists with 
     expertise in Columbia River anadromous and non-anadromous 
     fish and wildlife and ocean experts shall be among those 
     represented on the Peer Review Groups. The Academy shall 
     provide such nominations within 90 days of the date of this 
     enactment, and in any case not later than December 31, 1996. 
     If appointments are required in subsequent years, the Council 
     shall request nominations from the Academy and the Academy 
     shall provide nominations not later than 90 days after the 
     date of this request. If the Academy does not provide 
     nominations within these time requirements, the Council may 
     appoint such members as the Council deems appropriate.
       (iii) Conflict of Interest and Compensation.--Panel and 
     Peer Review Group members may be compensated and shall be 
     considered subject to the conflict of interest standards that 
     apply to scientists performing comparable work for the 
     National Academy of Sciences; provided that a Panel or Peer 
     Review Group members with a direct or indirect financial 
     interest in a project, or projects, shall recuse him or 
     herself from review of, or recommendations associated with, 
     such project or projects. All expenses of the Panel and the 
     Peer Review Groups shall be paid by BPA as provided for under 
     paragraph (vii). Neither the Panel nor the Peer Review Groups 
     shall be deemed advisory committees within the meaning of the 
     Federal Advisory Committee Act.
       (iv) Project Criteria and Review.--The Peer Review Groups, 
     in conjunction with the Panel, shall review projects proposed 
     to be funded through BPA's annual fish and wildlife budget 
     and make recommendations on matters related to such projects 
     to the Council no later than June 15 of each year. If the 
     recommendations are not received by the Council by this date, 
     the Council may proceed to make final recommendations on 
     project funding to BPA, relying on the best information 
     available. The Panel and Peer Review Groups shall review a 
     sufficient number of projects to adequately ensure that the 
     list of prioritized projects recommended is consistent with 
     the Council's program. Project recommendations shall be based 
     on a determination that projects: are based on sound science 
     principles; benefit fish and wildlife; and have a clearly 
     defined objective and outcome with provisions for monitoring 
     and evaulation of results. The Panel, with assistance from 
     the Peer Review Groups, shall review, on an annual basis, the 
     results of prior year expenditures based upon these criteria 
     and submit its findings to the Council for its review.
       (v) Public Review.--Upon completion of the review of 
     projects to be funded through BPA's annual fish and wildlife 
     budget, the Peer Review Groups shall submit its findings to 
     the Panel. The Panel shall analyze the information submitted 
     by the Peer Review Groups and submit recommendations on 
     project priorities to the Council. The Council shall make the 
     Panel's findings available to the public and subject to 
     public comment.
       (vi) Responsibilities of the Council.--The Council shall 
     fully consider the recommendations of the Panel when making 
     its final recommendations of projects to be funded through 
     BPA's annual fish and wildlife budget, and if the Council 
     does not incorporate a recommendation of the Panel, the 
     Council shall explain in writing its reasons for not 
     accepting Panel recommendations. In making its 
     recommendations to BPA, the Council shall: consider the 
     impact of ocean conditions on fish and wildlife populations; 
     and shall determine whether the projects employ cost 
     effective measures to achieve program objectives. The 
     Council, after consideration of the recommendations of the 
     Panel and other appropriate entities, shall be responsible 
     for making the final recommendations of projects to be funded 
     through BPA's annual fish and wildlife budget.
       (vii) Cost Limitation.--The cost of this provision shall 
     not exceed $2,000,000 in 1997 dollars.
       (viii) Expiration.--This paragraph shall expire on 
     September 30, 2000.


                    designation of jim Chapman lake

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


        designation of william l. jess dam and intake structure

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


              designation of j. bennett johnston waterway

       Sec. 515. The portion of the Red River, Louisiana, from new 
     river mile 0 to new river mile 235 shall be known and 
     designated as the ``J. Bennett Johnston Waterway''. Any 
     reference in a law, map, regulation, document, paper, or 
     other record of the United States to such portion of the Red 
     River shall be deemed to be a reference to the ``J. Bennett 
     Johnston Waterway''.
       This Act may be cited as the ``Energy and Water Development 
     Appropriations Act, 1997''.
       And the Senate agree to the same.
     John T. Myers,
     Harold Rogers,
     Joe Knollenberg,
     Frank Riggs,
     Rodney P. Frelinghuysen,
     Jim Bunn,
     Mike Parker,
     Bob Livingston,
     Tom Bevill,
     Vic Fazio,
     Jim Chapman,
     Peter J. Visclosky,
                                Managers on the Part of the House.

     Pete V. Domenici,
     Mark O. Hatfield,
     Thad Cochran,
     Slade Gorton,
     Mitch McConnell,
     Robert F. Bennett,
     Conrad Burns,
     J. Bennett Johnston,
     Robert C. Byrd,
     Fritz Hollings,
     Harry Reid,
     J. Robert 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 
     amendment of the Senate to the bill (H.R. 3816) making 
     appropriations for energy and water

[[Page H10244]]

     development for the fiscal year ending September 30, 1997, 
     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-
     679 and Senate Report 104-320 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 contradicted by the report 
     of the Senate or the conference, and Senate report language 
     which is not contradicted by the report of the House or 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 
     where both the House report and Senate report address a 
     particular issue not specifically addressed in the conference 
     report or joint statement of managers, the conferees have 
     determined that the House and Senate reports are not 
     inconsistent and are to be interpreted accordingly. 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.
       Senate amendment: The Senate deleted the entire House bill 
     after the enacting clause and inserted the Senate bill. The 
     conference agreement includes a revised bill.

                                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 activities of the Corps of 
     Engineers. Additional items of conference agreement are 
     discussed below.

                         Department of the Army


                       Corps of Engineers--Civil

                         General Investigations

       The conference agreement appropriates $153,872,000 for 
     General Investigations instead of $153,628,000 as proposed by 
     the House and $154,557,000 as proposed by the Senate.
       On July 11, 1996, the Assistant Secretary of the Army for 
     Civil Works advised the committees of a proposal to modify 
     current Corps of Engineers guidance governing the 
     reconnaissance phase of the study process. Under the 
     proposal, the scope of the reconnaissance phase would be 
     returned to that envisioned by section 905(b) of the Water 
     Resources Development Act of 1986, which is to develop a 
     preliminary appraisal of the Federal interest, benefits, 
     costs, and environmental impacts of a potential project, 
     develop a scope of work for the feasibility study, and 
     negotiate a feasibility study cost-sharing agreement. The 
     goal would be to complete the reconnaissance phase within six 
     months at a cost of approximately $100,000. After careful 
     consideration, the conferees have decided to support this 
     initiative and have funded all new reconnaissance studies at 
     the $100,000 level. The conferees have been assured that this 
     initiative is a true efficiency move aimed at returning 
     reconnaissance efforts back to the original concept for that 
     phase and will not transfer cost and time to the feasibility 
     phase of the study process. The conferees are also aware that 
     the $100,000 model may not be suitable for all projects and 
     expect the Corps to exercise appropriate judgment in 
     adjusting the scope of the reconnaissance effort to 
     accommodate the needs of particularly complex issues or large 
     geographic areas.
       The conference agreement includes $500,000 for the Corps of 
     Engineers to initiate studies of the navigation needs of 
     several of Alaska's coastal communities. The funds will be 
     used for the Western Harbors, Aleutians East Borough, Arctic 
     Coast Navigation, King Cove, and Akutan Harbor reconnaissance 
     studies. By combining these studies under a single heading 
     the Corps of Engineers is expected to be able to accomplish 
     the work substantially below the cost of addressing each 
     project separately.
       The conferees agree that the Corps of Engineers may include 
     the Southampton Shoal Channel and extension in the San 
     Francisco Bay Bar Channel, California, reconnaissance study 
     to permit a comprehensive examination of the San Francisco-
     to-Stockton Ship Channel to determine the feasibility of 
     increasing operating depths required for commerce and 
     international trade.
       The conference agreement includes $150,000 for 
     preconstruction engineering and design of the New Harmony, 
     Indiana, project.
       The conferees have provided $10,750,000 for the Upper 
     Mississippi River and Illinois Waterway navigation study 
     instead of $10,500,000 as proposed by the House and 
     $11,000,000 as proposed by the Senate. The conferees direct 
     the Corps of Engineers to accelerate the execution of 
     feasibility study activities in accordance with the approved 
     project study plan in such a manner that schedule recovery 
     will be maximized and a final report will be completed as 
     soon as practicable.
       The conference agreement includes $600,000 equally divided 
     for the Corps of Engineers to undertake preconstruction 
     engineering and design for the project to provide flood 
     protection to the Green Ridge and Plot sections of the 
     Lackawanna River, Scranton, Pennsylvania, project as proposed 
     by the Senate. The House had proposed to fund this work under 
     the Construction, General, account.
       The conferees have provided $100,000 for a reconnaissance 
     study of the need for channel deepening in the Port of New 
     York and New Jersey and $100,000 to initiate a feasibility 
     study should the reconnaissance effort demonstrate a Federal 
     interest in the project.
       The conference agreement includes $100,000 for the Corps of 
     Engineers to initiate a reconnaissance study leading to a 
     Master Plan of the Wing Deer Park on Boone Lake in Johnson 
     City, Tennessee.
       The conference agreement includes $100,000 for the Corps of 
     Engineers to initiate a reconnaissance study of environmental 
     restoration opportunities along the Upper Jordan River, Utah, 
     that includes examining water quality, wetland habitat, and 
     flood control as a means of restoring the watershed of the 
     Jordan River Basin. The conferees direct the Corps to review 
     and recommend modifications to the Jordan River Stability 
     Study conducted by Salt Lake County.
       The conference agreement includes a total of $6,280,000 for 
     Coordination Studies With Other Agencies instead of 
     $4,280,000 as proposed by the House and $8,040,000 as 
     proposed by the Senate. The conferees expect the Corps to use 
     the funds provided to accomplish the highest priority work 
     among the various activities funded under this program. In 
     addition, the Corps is directed to use $450,000 to continue 
     to participate in the interagency ecosystem management task 
     force's Pacific Northwest forest case study as described in 
     the Senate Report. The conferees agree with the language in 
     the House report regarding the Planning Assistance to States 
     program.
       The conferees have provided $27,000,000 for the Corps of 
     Engineers' Research and Development program. Within the funds 
     provided, the conferees have provided $300,000 to continue 
     the Corps of Engineers Construction Technology Transfer 
     project and $1,600,000 for cost-shared research and 
     development and installation of composite pilings as describe 
     in the Senate report. The conferees also are in agreement 
     with the language in the House report regarding the CFIRMS 
     project.
       The conferees have included language in the bill earmarking 
     funds for the following projects in the amounts specified: 
     Norco Bluffs, California, $180,000; San Joaquin River Basin, 
     Caliente Creek, California, $150,000; Tampa Harbor, Alafia 
     Channel, Florida, $100,000; Lake George, Hobart, Indiana, 
     $100,000; Little Calumet River Basin, Cady Marsh Ditch, 
     Indiana, $200,000; Tahoe Basin Study, Nevada and California, 
     $100,000; Barnegat Inlet to Little Egg Harbor Inlet, New 
     Jersey, $300,000; Brigantine Inlet to Great Egg Harbor Inlet, 
     New Jersey, $360,000; Great Egg Harbor Inlet to Townsends 
     Inlet, New Jersey, $200,000; Manasquan Inlet to Barnegat 
     Inlet, New Jersey, $250,000; Townsends Inlet to Cape May 
     Inlet, New Jersey, $245,000; South Shore of Staten Island, 
     New York, $200,000; Mussers Dam, Middle Creek, Snyder County, 
     Pennsylvania, $450,000; Rhode Island South Coast, Habitat 
     Restoration and Storm Damage Reduction, Rhode Island, 
     $100,000; Monongahela River, West Virginia, $500,000; 
     Monongahela River, Fairmont, West Virginia, $100,000; and 
     Tygart River Basin, Philippi, West Virginia, $100,000.
       The conference agreement deletes funds earmarked in the 
     Senate bill for the Red River Navigation, Southwest, 
     Arkansas, study.
       The conference agreement also deletes language contained in 
     the Senate bill earmarking funds for studies of Coastal 
     Navigation Improvements in Alaska, the Walker River Basin in 
     Nevada, and the Bolinas Lagoon in California. Funding for 
     those studies has been included in the overall amount 
     appropriated for General Investigations.
       The conferees are aware of recent efforts by the Corps of 
     Engineers to increase the use of the private sector in 
     performing, planning, engineering and design work for Corps 
     projects. However, the conferees believe that the Corps of 
     Engineers needs to intensify those efforts. The conferees 
     expect the Corps, on a programmatic basis, to achieve a goal 
     of having the private sector perform at least 35% of 
     planning, and 40% of engineering, design work and 
     construction phase services for projects as defined in 40 
     U.S.C. 541-544. Additionally, in those instances where a 
     district office has not achieved a contracting level of at 
     least 25% of planning, engineering, design work and 
     construction phase services for projects in that district, 
     private sector contracting should be increased by 10 
     percentage points in fiscal year 1997 and in each subsequent 
     fiscal year until the level of work contracted to the private 
     sector reaches at least 25%; however, in no case shall the 
     actual increase per year be less than 5 percentage points. It 
     is not the conferees' intent that the Corps reduce the 
     contracting levels in those offices that are already 
     conducting more than 35% of planning, and 40% of engineering, 
     design work and construction phase services with the private 
     sector. Contracting with the private sector as set forth 
     above shall continue to be conducted in compliance with the 
     normal qualification based selection process found in 40 
     U.S.C. 541-544.


                         construction, general

       The conference agreement appropriates $1,081,942,000 for 
     Construction, General, instead of $1,035,394,000 as proposed 
     by the House and $1,049,306,000 as proposed by the Senate.
       The conference agreement includes $2,000,000 for the 
     Sacramento River, Glen-Colusa Irrigation District, 
     California, project, the same as the budget request and

[[Page H10245]]

     the amount provided by the House and the Senate. This project 
     is an integral part of the effort to develop a long-term 
     solution to the fish passage problem at the Hamilton City 
     pumping plant. It is the conferees' intent that the Corps of 
     Engineers participate in, and, when necessary, provide direct 
     support to this important Federal-state effort.
       The conference agreement provides $4,000,000 for the Palm 
     Beach County, Florida, project. Of the funds provided, 
     $1,919,000 is for the Jupiter/Carlin segment as proposed in 
     the budget request. The remaining funds are to be used for 
     the Boca Raton and Ocean Ridge segments of the project.
       The conference agreement includes $1,200,000 for the Corps 
     of Engineers to reimburse the local sponsor for the Federal 
     share of costs associated with renourishment of the Captiva 
     Island segment of the Lee County, Florida, project.
       The conferees are in agreement with the language in the 
     House and Senate reports regarding the Missouri River Levee 
     System project.
       The conference agreement includes $17,025,000 for the Lake 
     Pontchartrain and Vicinity (Hurricane Protection), Louisiana, 
     project. Of the amount provided above the budget request, 
     $4,500,000 shall be used for levee raising and landside 
     runoff control for Jefferson Parish lakefront levees and 
     $8,500,000 shall be used to continue construction of parallel 
     protection along the Orleans Avenue and London Avenue outfall 
     canals. In addition, $1,500,000 has been provided for the 
     West Bank-East of Harvey Canal, Louisiana, project.
       The conferees have provided $17,500,000 for the Southeast 
     Louisiana, Louisiana project. These funds are to be used to 
     continue engineering, design, and construction of projects to 
     provide 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; St. Tammany Parish, Louisiana, 
     June 1996; and Schneider Canal, Slidell, Louisiana, Hurricane 
     Protection, May 1990; all of which are authorized for 
     construction by Public Law 104-46.
       The conferees have provided $250,000 for the Grand Isle and 
     Vicinity, Louisiana project to initiate preconstruction 
     engineering and design on the modifications to the authorized 
     hurricane protection project to include shoreline protection 
     features on the north side of the island and to continue 
     construction of breakwaters.
       Within funds provided for the South Central Pennsylvania 
     Environmental Restoration Infrastructure and Resource 
     Protection Development Pilot Program, the conferees have 
     provided $500,000 for the Redstone Township project.
       The conference agreement provides $1,000,000 each for the 
     Arkansas City, Kansas, and Winfield, Kansas, projects as 
     proposed by the Senate. The conferees are aware that the 
     Winfield project is ahead of schedule and, therefore, the 
     two-phase approach to construction described in the Senate 
     report is not required for that project.
       The conferees recognize the need to widen the Port of 
     Freeport, Texas, navigation channel at the intersection of 
     the Gulf Intracoastal Waterway and the bend located in the 
     inner harbor in order to complete the channel deepening 
     project. The conferees are also aware that during the period 
     of construction, approximately $16,000,000 appropriated for 
     the project was reprogrammed by the Corps of Engineers to 
     other projects. Therefore, the conferees would not object to 
     the Corps of Engineers' reprogramming of available funds back 
     to the Freeport Harbor project to complete this important 
     work.
       The conference agreement includes $32,650,000 for the 
     section 205 program as proposed by the Senate. Using those 
     funds, the Corps of Engineers is directed to undertake the 
     projects described in the House and Senate reports. The 
     conference agreement includes $3,916,000 for the Muscle 
     Shoals, Alabama, project, $2,950,000 for the St. Peters Old 
     Town Levee, Missouri, project, and $3,370,000 for the Cedar 
     River at Renton, Washington, project. In addition, the 
     conferees have learned of the harmful effects of local 
     flooding along St. Asaph's Creek in Stanford, Kentucky, and 
     along Hanging Fork Creek in Hustonville, Kentucky, and direct 
     the Corps of Engineers to conduct a study to determine causes 
     and possible remedies to this condition.
       The conference agreement includes $9,500,000 for the 
     section 14 program as proposed by the House. Using those 
     funds, the Corps of Engineers is directed to undertake the 
     projects described in the House and Senate reports. The 
     conference agreement includes $395,000 for the Washington-on-
     the-Brazos, Texas, project as proposed by the House.
       The conference agreement includes $5,800,000 for the 
     section 103 program as proposed by the House. Using those 
     funds, the Corps of Engineers is directed to undertake the 
     projects described in the House and Senate reports. The 
     amount provided for the Lummi Shore Road, Washington, project 
     is $1,700,000 as proposed by the Senate.
       The conference agreement includes $11,632,000 for the 
     section 107 program. Using those funds, the Corps of 
     Engineers is directed to undertake the projects described in 
     the House and Senate reports. In addition, within available 
     funds, $100,000 is provided to initiate a feasibility study 
     for the Tennessee River in Bridgeport, Jackson County, 
     Alabama.
       The conferees direct the Corps of Engineers to undertake 
     the Walker River Basin, Nevada, project under the section 208 
     program as described in the House report.
       The conference agreement includes $17,000,000 for the 
     section 1135 program. Using those funds, the Corps of 
     Engineers is directed to undertake the projects described in 
     the House and Senate reports except the Bernado Waterfowl 
     Management Area project in New Mexico. The conferees 
     understand that the local sponsor for that project no longer 
     wishes to participate in the project and, therefore, funding 
     is not needed.
       The conference agreement includes a total of $41,426,000 
     for the Levisa and Tug Forks of the Big Sandy River and Upper 
     Cumberland River project. In addition to the amounts provided 
     in the budget request, the conference agreement includes: 
     $18,000,000 for the Harlan, Kentucky, element; $4,050,000 for 
     the Williamsburg, Kentucky, element; $2,500,000 for the 
     Middlesboro, Kentucky, element; $2,000,000 for the Pike 
     County, Kentucky, element; $350,000 for the Marin County, 
     Kentucky, element; $300,000 for the Town of Martin, Kentucky, 
     element; $3,500,000 for the Upper Mingo County, West 
     Virginia, element; $4,000,000 for the Lower Mingo (Kermit), 
     West Virginia, element; $1,300,000 for the Hatfield Bottom, 
     West Virginia, element; and $105,000 for the Lower Mingo, 
     West Virginia, to carry out the work described in the House 
     and Senate reports. In addition, the conference agreement 
     deletes $1,600,000 requested by the Administration for 
     detailed project reports.
       The conferees have included language in the bill earmarking 
     funds for the following projects in the amounts specified: 
     Red River Emergency Bank Protection, Arkansas, $3,000,000; 
     San Timoteo Creek, California, $7,000,000; Indianapolis 
     Central Waterfront, Indiana, $7,000,000; Indiana Shoreline 
     Erosion, Indiana, $2,200,000; Harlan, Kentucky, $18,000,000; 
     Martin County, Kentucky, $350,000; Middlesboro, Kentucky, 
     $2,500,000; Pike County, Kentucky, $2,000,000; Town of 
     Martin, Kentucky, $300,000; Williamsburg, Kentucky, 
     $4,050,000; Salyersville, Kentucky, $3,000,000; Lake 
     Pontchartrain and Vicinity, Louisiana, $17,025,000; Lake 
     Pontchartrain (Jefferson Parish) Stormwater Discharge, 
     Louisiana, $4,750,000; Red River below Denison Dam Levee and 
     Bank Stabilization, Louisiana, Arkansas, and Texas, $100,000; 
     Red River Emergency Bank Protection, Louisiana, $3,400,000; 
     Glen Foerd, Pennsylvania, $800,000; South Central 
     Pennsylvania Environmental Restoration Infrastructure and 
     Resource Protection Development Pilot Program, Pennsylvania, 
     $7,000,000; Seekonk River, Rhode Island, $650,000; 
     Wallisville Lake, Texas, $7,500,000; Richmond Filtration 
     Plant, Virginia, $3,500,000; Virginia Beach, Virginia, 
     $8,000,000; Hatfield Bottom, West Virginia, $1,300,000; Lower 
     Mingo (Kermit), West Virginia, $4,000,000; Lower Mingo 
     Tributaries Supplement, West Virginia, $105,000; and Upper 
     Mingo County, West Virginia, $3,500,000.
       The funds provided for the Red River Emergency Bank 
     Protection project in Arkansas are to be used for 
     construction of the Hurricane revetment. Of the funds 
     provided for the Red River Emergency Bank Protection project 
     in Louisiana, $3,000,000 is for design and construction of 
     the Cat Island revetment and $400,000 is for the sediment 
     transport study described in the Senate report.
       The conference agreement includes language in the bill 
     directing the Secretary of the Army to: use $3,000,000 of the 
     funds provided for the Red River Waterway, Mississippi River 
     to Shreveport, Louisiana, project to construct a regional 
     visitor center in the vicinity of Shreveport, Louisiana; use 
     $1,000,000 of the funds provided for the Red River Waterway, 
     Mississippi River to Shreveport, Louisiana, project for 
     partial reimbursement of costs associated with relocation and 
     modification of the Louisiana and Arkansas Railway Bridge at 
     Alexandria, Louisiana; use $1,000,000 of the funds 
     appropriated in Public Law 104-46 for construction of the 
     Ohio River Flood Protection, Indiana, project; provide signs 
     to direct the public to facilities associated with the 
     Saylorville Lake, Iowa, project and the wildlife refuge in 
     Jasper and Marion Counties in Iowa as described in the House 
     report; and use $500,000 of the funds appropriated in Public 
     Law 103-126 to begin implementation of the Passaic River 
     Preservation of Natural Storage Areas separable element of 
     the Passaic River Flood Reduction, New Jersey, project. In 
     addition, the conference agreement includes language 
     directing the Secretary of the Army to initiate construction 
     of the Joseph G. Minish Historic Waterfront Park, New Jersey, 
     project using funds appropriated in Public Law 103-126. The 
     bill also includes language naming the bike trail associated 
     with the Saylorville Lake, Iowa, project as the Neal Smith 
     Bike Trail and centers in Jasper and Marion Counties as the 
     Neal Smith Prairie Wildlife Learning Center.
       The conference agreement includes language in the bill 
     which authorizes and directs the Secretary of the Army to 
     initiate construction of the following projects in the 
     amounts specified: Humboldt Harbor, California, $2,500,000; 
     San Lorenzo River, California, $200,000; Faulkner's Island, 
     Connecticut, $1,500,000; Chicago Shoreline, Illinois, 
     $8,000,000; Pond Creek, Jefferson City, Kentucky, $1,500,000; 
     Natchez Bluff, Mississippi,

[[Page H10246]]

     $4,500,000; Wood River, Grand Isle, Nebraska, $1,000,000; New 
     York City Watershed, New York, $1,000,000; Duck Creek, 
     Cincinnati, Ohio, $466,000; Saw Mill Run, Pennsylvania, 
     $500,000; West Virginia and Pennsylvania Flooding, 
     Pennsylvania and West Virginia, $1,000,000; San Juan Harbor, 
     Puerto Rico, $800,000; Allendale Dam, Rhode Island, $195,000; 
     and Upper Jordan River, Utah, $500,000. The funds provided 
     for the West Virginia and Pennsylvania project are for work 
     as described in section 583 of S. 640 as passed by the House 
     and shall be used for the following flood control projects: 
     Huntingdon County Orbisonia/Rock Hill Furnace, Pennsylvania, 
     Black Log Creek ($150,000); Huntingdon County Coalmont 
     Borough, Coal Bank Run ($75,000); Huntingdon County Carbon 
     Township, Shoups Run ($75,000); Blair County Logan Township 
     ($500,000); and Blair County Altoona, Pennsylvania 
     ($200,000). The funds provided for the New York City 
     Watershed project are for work as described in section 558 of 
     S. 640 as passed by the House.
       The conference agreement deletes funds earmarked in the 
     House bill for the Ohio River Flood Protection, Indiana, 
     project and deletes funds earmarked in the Senate bill for 
     the Red River Chloride Control, Texas, project.
       The conference agreement deletes language contained in the 
     Senate bill earmarking funds for the following projects: 
     Larsen Bay Harbor, Alaska; Ouzinkie Harbor, Alaska; Valdez 
     Harbor, Intertidal Water Retention, Alaska; Kake Harbor, 
     Alaska; Panama City Beaches, Florida; Boston Harbor, 
     Massachusetts; Poplar Island, Maryland; Ouachita River 
     Levees, Louisiana; and Mill Creek, Ohio. Funding for these 
     projects has been provided in the overall amount appropriated 
     for Construction, General. The conference agreement also 
     deletes language contained in the Senate bill for the Helena 
     and Vicinity, Arkansas, project. Funding for that project has 
     been provided in the Mississippi River and Tributaries 
     account.


 flood control, mississippi river and tributaries, arkansas, illinois, 
       kentucky, louisiana, mississippi, missouri, and tennessee

       The conference agreement appropriates $310,374,000 for 
     Flood Control, Mississippi River and Tributaries instead of 
     $302,990,000 as proposed by the House and $312,513,000 as 
     proposed by the Senate.
       The conference agreement includes an additional $2,860,000 
     for work to bring Mississippi River levees up to grade. Using 
     those funds, the Corps of Engineers is directed to undertake 
     additional work in Louisiana and Mississippi as described in 
     the House and Senate reports.
       The conference agreement includes an additional $3,000,000 
     for the Corps of Engineers to undertake additional work on 
     the Big Sunflower River in Yazoo Basin in Mississippi, 
     including Black Bayou Item 2, Black Bayou Item 3, and the 
     purchase of mitigation lands.
       The conferees are aware of a sedimentation problem in Union 
     County, Mississippi, resulting from recurring flooding of the 
     Little Tallahatchie River in the vicinity of New Albany, 
     Mississippi. The Corps of Engineers shall provide the 
     Committee on Appropriations with a report, not later than 
     April 1, 1997, which provides details on: a) the nature of 
     the problem; b) options to solve the flooding problem, along 
     with a time line and associated costs for each option; and c) 
     statutory authority for the Corps of Engineers to do the work 
     necessary to resolve the problem.
       The conferees direct the Army Corps of Engineers to submit 
     a report to the Congress, by January 31, 1997, on the status 
     of the Bonnet Carre' Freshwater Diversion Project. The 
     conferees further direct the Corps to provide its assessment 
     of whether the project, as currently formulated, would 
     achieve its goals, and to provide recommendations of the 
     Corps as to future program options and potential enhancement 
     which would achieve these goals in the most timely and cost 
     effective manner.
       The conference agreement includes language proposed by the 
     Senate that directs the President of the Mississippi River 
     Commission to use the variable cost recovery rate set forth 
     in OMB Circular A-126 for use of the Commission aircraft.
       In addition, the conference agreement includes language 
     directing the Secretary of the Army to use additional funds 
     appropriated in this Act or previously appropriated funds to 
     complete the Hickman Bluff, Kentucky, project.
       The conferees have provided $965,000 to continue the 
     Morganza to the Gulf of Mexico, Louisiana, feasibility study. 
     The conferees recommended that the Corps of Engineers use an 
     appropriate amount of the funds provided to prepare a report 
     on the feasibility of expending the construction of a lock 
     structure in the Houma Navigation Canal as an independent 
     feature of this study authority.
       The conferees are concerned about the abnormal annual 
     flooding that occurs to industries and businesses along the 
     waterfront areas of Morgan City and Berwick, Louisiana. The 
     conferees understand that a means to solve the problem is 
     pending authorization. This plan includes provisions for 
     temporary flood proofing and for the study of a long-term 
     solution including the relocation of riverside industries to 
     a safe non-flood area in the vicinity. The Corps of Engineers 
     should proceed immediately to construction upon passage of 
     the authorization of this project with funds available to the 
     Mississippi River and Tributaries project.


                   operation and maintenance, general

       The conference agreement appropriates $1,697,015,000 for 
     Operation and Maintenance, General, instead of $1,701,180,000 
     as proposed by the House and $1,688,358,000 as proposed by 
     the Senate.
       The conferees are concerned about the Administration's 
     plans to stop requesting funds for the maintenance of a 
     smaller navigation projects beginning in fiscal year 1998. 
     Failure to adequately maintain those projects will cause 
     economic hardship for many communities throughout the nation 
     and result in hazardous navigation conditions that could 
     directly lead to the loss of life and property. The conferees 
     expect the Administration to continue to request adequate 
     funds for maintenance of these projects.
       The conferees direct the Corps of Engineers to use funds 
     appropriated in this Act to conduct and continue their 
     participation in the comprehensive water resources study of 
     the Alabama-Coosa-Tallapoosa and Apalachicola-Chattahoochee-
     Flint River Basins with the states of Alabama, Florida, and 
     Georgia, as specified in the Memorandum of Agreement dated 
     January 3, 1992, as supplemental or amended, between the 
     parties (the states of Alabama, Georgia, Florida, and the 
     Army Corps of Engineers), through December 31, 1997 or the 
     completion of the Comprehensive Study. Further funding 
     contributions made by the states up to and including fiscal 
     year 1996 will be considered in any additional funding 
     requirement for contract studies or elements thereof.
       The conferees have provided an additional $550,000 for the 
     Corps of Engineers to continue repairs to the damaged east 
     and west jetties and to construct a concrete cap on the east 
     jetty at Newport Bay Harbor in California.
       The Secretary of the Army is encouraged to conduct a study 
     assessment and report to the Congress no later than one year 
     from the date of enactment of this Act on the need and 
     suitability to modify the Local Cooperation Agreement under 
     which the Port of Santa Cruz now performs the Federal 
     operations and maintenance mission at Santa Cruz Harbor in 
     California. The study will particularly examine the need for 
     an inflationary and cost of living increase adjustment that 
     was not specified in the original agreement.
       Of the funds provided for the Sepulveda Dam, California, 
     project, it is the conferees' intent that a significant 
     portion shall be used for environmental restoration and 
     wildlife habitat.
       The conference agreement includes $8,000,000 for the New 
     York Harbor, New York project. The funds provided above the 
     budget request are to be used to perform remaining dredged 
     material management plan study activities and to implement 
     short term disposal alternatives which have been determined 
     to be feasible and quickly implementable and to investigate 
     methods to reduce sediment contamination within the harbor.
       The conference agree that the Corps of Engineers may use 
     nontraditional means for erosion control on the Missouri 
     River below the Fort Peck Dam in Montana to the North Dakota 
     border.
       The conference agreement includes $7,552,000 for the Manteo 
     (Shallowbag Bay), North Carolina, project to be used for 
     additional maintenance dredging and monitoring of the 
     terminal groin constructed at Oregon Inlet.
       The conference agreement includes language in the bill 
     earmarking funds for the following projects in the amounts 
     specified: Raystown Lake, Pennsylvania, $4,190,000; and 
     Cooper Lake and Channels, Texas, $2,601,000.
       Language has been included in the bill which directs the 
     Secretary of the Army to: use $1,000,000 of the funds 
     provided in the bill to design and construct a landing at 
     Guntersville, Alabama; design and implement an early flood 
     warning system for the Greenbrier and Cheat River Basins in 
     West Virginia; maintain a minimum conservation pool of 475.5 
     feet at Wister Lake in Oklahoma; and use $600,000 to perform 
     maintenance dredging of the Cocheco River, New Hampshire, 
     project. Language has also been included in the bill which 
     provides that no funds available to the Corps of Engineers 
     shall be used to acquire land in Jasper County, South 
     Carolina, in connection with the Savannah Harbor navigation 
     project.
       The conference agreement deletes language contained in 
     Senate bill earmarking funds for the Compton Creek Channel, 
     California, project and the Buford-Trenton Irrigation 
     District erosion control project in North Dakota. Funding for 
     these projects has been included in the overall amount 
     appropriated for Operation and Maintenance, General.


                           Regulatory Program

       The conference agreement appropriates $101,000,000 for the 
     Regulatory Program as proposed by the House and the Senate.
       The conference agree that the Corps of Engineers should 
     seek ways to implement the proposed administrative appeals 
     process within the resources provided.


                 Flood Control and Coastal Emergencies

       The conference agreement appropriates $10,000,000 for Flood 
     Control and Coastal Emergencies as proposed by the House and 
     the Senate. In addition, the conference agreement includes 
     language proposed by the House which directs the Secretary of 
     the Army to use up to $8,000,000 of the funds appropriated in 
     this Act and in Public Law 104-

[[Page H10247]]

     134 to rehabilitate non-Federal flood control levees along 
     the Puyallup and Carbon Rivers in Pierce County, Washington.


                           Oil Spill Research

       The conference agreement provides no funds for the Oil 
     Spill Research program.


                            General Expenses

       The conference agreement appropriates $149,000,000 for 
     General Expenses instead of $145,000,000 as proposed by the 
     House and $153,000,000 as proposed by the Senate.
       The conference agreement deletes language contained in the 
     Senate bill which would have prohibited the Secretary of the 
     Army from obligating funds for the closure of the Pacific 
     Ocean Division.
       The conferees have, however, included language in the bill 
     which directs the Secretary of the Army to begin implementing 
     a plan to reduce the number of division offices to no more 
     than eight and no less than six on April 1, 1997, and which 
     provides authority for the Corps of Engineers to transfer up 
     $1,500,000 into this account from other accounts in this 
     Title to investigate impacts in the delay in implementation 
     of the division closure plan.


                           general provisions

                       corps of engineers--civil

       The conference agreement, in Section 101, includes language 
     which provides that the Secretary of the Army, in fiscal year 
     1997, shall advertise for competitive bid at least 8,500,000 
     cubic yards of the hopper dredge volumes accomplished with 
     Government-owned dredges in fiscal year 1992 instead of 
     10,000,000 cubic yards as proposed by the House and 7,500,000 
     cubic yards as proposed by the Senate. During the period in 
     which any of the Federal hopper dredges are placed in the 
     reserve fleet or on standby status, or out of service for 
     lengthy repair or rehabilitation, reallocating the entire 
     8,500,000 cubic yards among the remaining Federal dredges 
     would require further reduction in their days of service, 
     thus making their operation more costly and less competitive. 
     Therefore, if any of the Federal hopper dredges is removed 
     from service for repair or rehabilitation or placed in the 
     reserve fleet or on standby status and is prevented from 
     accomplishing the level of work it has carried out during the 
     past three fiscal years, the conferees direct the Corps of 
     Engineers to reduce the 8,500,000 cubic yards by the share 
     allocated to that dredge over the past three fiscal years 
     which has been put out for bid to the private sector.
       The conference agreement, in Section 102, includes language 
     prohibiting the use of funds available to the Corps of 
     Engineers to study, design, or undertake improvements or 
     major repair to the hopper dredge McFarland, except for 
     normal maintenance and repair necessary to maintain the 
     vessel in its current operational condition. This language is 
     identical to language contained in the fiscal year 1996 
     Energy and Water Development Appropriations Act. The House 
     bill contained a similar provision, while the Senate bill did 
     not address the issue.
       The conference agreement, in Section 103, includes language 
     proposed by the Senate which modifies the authorization for 
     the Moorfield, West Virginia, project by increasing the 
     project's estimated cost.
       The conference agreement, in Section 104, includes language 
     proposed by the Senate which modifies the authorization for 
     the Grays Landing Lock and Dam, Monongahela River, 
     Pennsylvania, project by increasing the project's estimated 
     cost.
       The conference agreement, in Section 105, includes language 
     proposed by the Senate which provides that flood control 
     measures implemented under the authority of Section 202(a) of 
     Public Law 96-367 shall prevent future losses that would 
     occur from a flood equal in magnitude to the flood of April 
     1977 or the 100-year frequency event, whichever is greater. 
     The Senate language has been amended to clarify that it 
     applies to nonstructural flood control measures.
       The conference agreement, in Section 106, includes language 
     proposed by the Senate which will prevent the termination of 
     contracts or the delay of scheduled work at specifically 
     funded ongoing construction projects because of insufficient 
     funding. When exercising this authority, the Secretary of the 
     Army should be guided by the direction contained in the 
     Senate report.
       The conference agreement, in Section 107, includes language 
     proposed by the Senate directing the Corps of Engineers to 
     complete the Charleston Riverfront (Haddad) Park, West 
     Virginia, project.
       The conference agreement, in Section 108, includes language 
     proposed by the Senate which modifies the authorization for 
     the Arkansas City, Kansas, project by increasing the 
     project's estimated cost with an amendment to reflect the 
     current Federal and non-Federal costs.
       The conference agreement, in Section 109, includes language 
     proposed by the Senate which provides that funds appropriated 
     in the fiscal year 1993 Energy and Water Development 
     Appropriations Act for the Elk Creek Dam, Oregon, project are 
     available to plan and implement long term management measures 
     at Elk Creek Dam to maintain the project in an uncompleted 
     state and to take necessary steps to provide fish passage 
     through the project.
       The conference agreement, in section 110, includes language 
     authorizing and directing the Secretary of the Army to modify 
     the Hudson River, New York, project, to provide for a 330-
     foot wide channel to a depth of 24 feet from the existing 
     Federal channel in the vicinity of Hudson City Light to the 
     north dock at Union Street, Athens, New York.
       The conference agreement, in section 111, includes a 
     provision amending language contained in the fiscal year 1996 
     Energy and Water Development Appropriations Act regarding the 
     conveyance of land to the City of Prestonsburg, Kentucky.
       The conference agreement, in section 112, includes language 
     modifying the authorization for the project to perform 
     emergency gate construction at Abiquiu Dam in New Mexico.

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[[Page H10293]]

                                TITLE II

                       Department of the Interior


                central utah project completion account

       The conference agreement appropriate $43,627,000 to carry 
     out the provisions of the Central Utah Project Completion Act 
     as proposed by theHouse and the Senate.


                         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

       The conference agreement appropriates $16,650,000 for 
     General Investigations instead of $14,548,000 as proposed by 
     theHouse and $18,105,000 as proposed by the Senate.
       The conference agreement includes $1,000,000 for the Bureau 
     of Reclamation to undertake feasibility studies for water 
     conservation projects in the Deschutes and Rogue River basins 
     in Oregon.
       The conference agreement includes language in the bill 
     providing $250,000 for the Del Norte County and Crescent 
     City, California, Wastewater Reclamation project, and 
     $250,000 for the Fort Bragg, California, Water Supply 
     project.
       The conferees understand that the Bureau of Reclamation has 
     been working cooperatively with interested parties in efforts 
     to secure reliable and safe water supplies for the City and 
     County of Santa Fe, New Mexico. The Bureau is to be commended 
     and is encouraged to continue to provide assistance and work 
     cooperatively with the City and County in the regional 
     planning process to resolve critical issues associated with 
     providing clean, reliable drinking water for the region.
       The conference agreement deletes language contained in the 
     Senate bill earmarking funds for the Cheyenne River Sioux 
     Reservation, South Dakota, study. Funding for this study is 
     included in the overall amount provided for General 
     Investigations.


                          construction program

       The conference agreement appropriates $394,056,000 for the 
     Construction Program instead of $367,496,000 as proposed by 
     theHouse and $398,596,700 as proposed by the Senate.
       The conferees have included $444,000 for the In-Situ Copper 
     Mining Research Project, located near Casa Grande, Arizona, 
     which has been transferred to the Bureau of Reclamation from 
     the Bureau of Mines, for the continuation of the field test 
     as proposed by theHouse. The funds are to be cost-shared by 
     the private sector partner as provided for in the contract. 
     It is the conferees' understanding that sufficient funds were 
     transferred with the project to support Reclamation's in-
     house research and oversight responsibilities through the 
     conclusion of the project. The Bureau of Reclamation should 
     closely examine the research data to explore the application 
     of the technology to other of its programs.
       The conference agreement includes $500,000, $250,000 above 
     the budget request, for the Bureau of Reclamation to 
     undertake an environmental analysis and perform engineering 
     for screening the Contra Costa Canal intake at Rock Slough in 
     California.
       In lieu of the directive contained in theHouse report, the 
     conferees direct the Bureau of Reclamation to provide private 
     entities with a fair and reasonable opportunity to construct, 
     rather than design and construct, new fish screen and fish 
     recovery facilities associated with the Glenn-Colusa 
     Irrigation District's Hamilton City Pumping Plant, with 
     oversight responsibility by the Bureau of Reclamation in 
     cooperation with the Glenn-Colusa Irrigation District.
       The conferees have provided $1,100,000, the same as the 
     level provided by theHouse, for work on alternative fish 
     guidance systems and for new work on a positive barrier 
     screen at Reclamation District 108's Wilkins Slough pumping 
     plant. Of the funds provided, $500,000 shall be allocated to 
     work on alternative fish guidance systems.
       The conferees have provided an additional $2,500,000 for 
     the Endangered Species Recovery Implementation program for a 
     wetland restoration project to be carried out along the 
     Williamson River in Klamath County, Oregon, pursuant to the 
     Upper Klamath Basin Working Group. Within 30 days of 
     enactment of this Act, these funds shall be transferred in 
     their entirety to a nonprofit entity with expertise in fish 
     and wildlife management, and with a memorandum of 
     understanding with the Bureau of Reclamation, to hold in an 
     interest-bearing account and disburse as appropriate to other 
     entities to accomplish the project purposes. This project 
     shall be carried out jointly between the private entity, the 
     Bureau of Reclamation, the U.S. Fish and Wildlife Service, 
     the Natural Resources Conservation Service of the Department 
     of Agriculture, and non-Federal interests in the project 
     area.
       The conference agreement includes language proposed by 
     theHouse that directs the Bureau of Reclamation to complete, 
     by the end of fiscal year 1997, the environmental impact 
     statement being conducted on the proposed Tucson, Arizona, 
     surface reservoir.
       The conference agreement deletes language contained in the 
     Senate bill for the Mid-Dakota Rural Water System in South 
     Dakota. Funding for this project has been provided within the 
     overall amount appropriated for the Construction Program.
       The conference agreement includes language proposed by the 
     Senate extending the authority for the Reclamation States 
     Emergency Drought Relief Act of 1991, Public Law 102-250, 
     through 1997. The bill also includes language proposed by the 
     Senate increasing the cost ceiling for the Umatilla Basin 
     project in Oregon.
       The conference agreement deletes funding proposed by the 
     Senate for the McCall Wastewater Treatment facility in Idaho 
     and the Devils Lake, North Dakota, Desalination project.
       The conference agreement includes $58,740,000 for the 
     Central Arizona Project instead of $51,155,000 as proposed by 
     theHouse and $58,325,700 as proposed by the Senate. The 
     specific items which comprise the total reduction of 
     $12,988,000 are as follows: Hayden-Rhodes Aqueduct, Siphon 
     Repairs, Noncontract Costs--$1,616,000; Hayden-Rhodes 
     Aqueduct, Other Repairs, Noncontract Costs--$1,509,000; Other 
     Project Costs, Water Allocations, Noncontract Costs--
     $500,000; Other Project Costs, Curation Facilities, O&M 
     During Construction--$350,000; Other Project Costs, Curation 
     Facilities, Noncontract Costs--$400,000; Other Project Costs, 
     Native Fish Protection, Major Contracts--$2,775,000; Other 
     Project Costs, Native Fish Protection, Noncontract Costs--
     $332,000; Other Project Costs, Environmental Enhancement, 
     Major Contracts--$900,000; Other Project Costs, Environmental 
     Enhancement, Noncontract Costs--$801,000; New Wadell Dam, 
     Recreation Facilities--$1,550,000; and New Wadell Dam, 
     Noncontract Costs--$2,255,000. The amount provided for the 
     Central Arizona Project includes $200,000 for the Sierra 
     Vista effluent recharge project and $1,470,000 for the 
     Roadrunner Campground at New Wadell Dam.
       The conference agreement includes $225,000 each for the 
     Spring Run Salmon and Coho Salmon programs as proposed by 
     theHouse. The conferees expect that the funds deposited with 
     the National Fish and Wildlife Foundation for these programs 
     shall be subject to the same process, including matching 
     requirements and competitive selection, as are other grants 
     administered by the Foundation. The conferees emphasize the 
     desire to build partnerships between diverse communities, 
     leverage the use of taxpayer funds and maximize the value of 
     projects selected for funding. The Foundation shall continue 
     to have authority to select projects for funding through this 
     program in order to realize the greatest fish and wildlife 
     benefits.


                       OPERATION AND MAINTENANCE

       The conference agreement appropriates $267,876,000 for 
     Operation and Maintenance instead of $286,232,000 as proposed 
     by theHouse and $280,876,000 as proposed by the Senate.
       The conferees are aware that the Bureau of Reclamation and 
     the Bonneville Power Administration (BPA) have been 
     negotiating an agreement under which BPA will provide direct 
     funding for the annual operations and maintenance costs 
     associated with Reclamation's hydropower generation 
     facilities in the Pacific Northwest. This approach would 
     replace the existing procedure under which Reclamation 
     requests annual appropriations to cover those costs with BPA 
     providing reimbursement to the Treasury. The conferees 
     believe the agreement should provide greater assurance of an 
     appropriate level of funding for maintenance of power 
     facilities thereby reducing the frequency of costly overhauls 
     and increasing the reliability of BPA's power supply. The 
     funding level for Reclamation's operation and maintenance 
     program contained in the conference agreement assumes that 
     direct funding by BPA will be implemented beginning in fiscal 
     year 1997.
       The conferees direct the Bureau of Reclamation to carry out 
     the items of work described in theHouse and Senate reports.


               BUREAU OF RECLAMATION LOAN PROGRAM ACCOUNT

       The conference agreement appropriates $12,715,000 for the 
     Bureau of Reclamation Loan Program Account as proposed by 
     theHouse and the Senate.


                CENTRAL VALLEY PROJECT RESTORATION FUND

       Funding for the Contra Costa Canal Rock Slough fish screen 
     project is contained within the amounts appropriated under 
     the Construction Program.


                    GENERAL ADMINISTRATIVE EXPENSES

       The conference agreement appropriates $46,000,000 for 
     General Administrative Expenses instead of $45,150,000 as 
     proposed by theHouse and $48,307,000 as proposed by the 
     Senate.
       The bill includes appropriations to continue work of the 
     Western Water Policy Review Advisory Commission authorized 
     under Public Law 102-575, Title 30, Western Water Policy 
     Review Act. A question has arisen regarding the authority of 
     the Commission to hire temporary staff from outside of the 
     Federal government. It is not the intent of Congress in 
     Section 3007 (c)(1) of the subject Act to require the 
     Commission to obtain permission from the Secretary of the 
     Interior for each temporary position to be filled. This 
     section is included only to advise the Commission of the 
     desirability of utilizing Federal staff where they can be 
     made available to the Commission at no cost. However, given 
     the special needs of the Commission for independent analysis 
     of Federal programs, and the very abbreviated time frame for 
     their work, it is recognized that the Commission must be able 
     to fill temporary positions where necessary with persons from 
     outside of the Federal government.

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[[Page H10302]]

                               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.


                             reprogrammings

       The conference agreement does not provide the Department of 
     Energy with any internal reprogramming flexibility in fiscal 
     year 1997 unless specifically identified in theHouse, Senate, 
     or conference reports. Any reallocations of new or prior year 
     budget authority or prior year deobligations must be 
     submitted to theHouse and Senate Appropriations Committees in 
     advance in writing and may not be implemented prior to 
     approval by the Committees. This action has been taken as a 
     result of liberal use of this authority by the Department to 
     fund activities which were neither presented to nor approved 
     by Congress. The Committees will review the need for this 
     authority as part of the fiscal year 1998 appropriations 
     process.


 use of receipts from leasing or selling government property or assets

       The conferees expect the receipts from either the lease or 
     sale of government assets, less the costs directly related to 
     the lease or sale, to be remitted to the United States 
     Treasury unless specific authority is contained in the 
     Appropriations Act permitting the Department to retain these 
     receipts to offset funding requirements.
       The Department should perform a comprehensive review of 
     current government assets which may be available for lease or 
     sale and the potential revenues available from such sources, 
     and be prepared to discuss this issue and the need for 
     additional legislation during the fiscal year 1998 
     appropriations process.


                       program direction accounts

       The conferees expect the Department to adhere to the 
     funding levels provided for each program direction account in 
     fiscal year 1997. If any funds other than the unobligated 
     balances available for these specific activities at the end 
     of fiscal year 1996 are to be used, the Department is 
     expected to submit a reprogramming to Congress. This 
     requirement pertains to the use of any prior year 
     deobligations or any other reserve or other program accounts 
     which may be used to augment the program direction funding.


general reductions necessary to accommodate specific program directions

       In the event that specific program guidance contained in 
     theHouse, Senate, or conference reports requires a general 
     reduction of available funding, such reductions shall not be 
     applied disproportionately against any program, project, or 
     activity.


           energy Supply, Research and Development Activities

       The conference agreement appropriates $2,710,908,000 for 
     Energy Supply, Research and Development Activities instead of 
     $2,668,573,000 as proposed by theHouse and $2,764,043,000 as 
     proposed by the Senate. The agreement deletes language 
     proposed by theHouse directing that $1,440,000 be made 
     available for FTE reductions, and deletes language proposed 
     by the Senate providing $5,000,000 for research of converting 
     saline water to fresh water.


                  solar and renewable energy programs

       Funding of $29,000,000 is provided for the wind energy 
     program, of which $2,000,000 shall be for the Kotzebue, 
     Alaska project.
       Funding of $55,300,000 for biofuels energy systems is 
     equally divided between two distinct programs, the power 
     systems program and the transportation program. The 
     $27,650,000 provided for the power systems program includes 
     the budget request amount to complete demonstration of the 
     hot-gas filtration system at the gasifier in Hawaii. This 
     year's funding is the final year of funding for this project. 
     The power systems program also includes funding for the 
     gasifier in Burlington, Vermont, and $4,000,000 for the 
     biomass cogeneration turbine development program, $1,000,000 
     less than the amount requested. The transportation program 
     includes $3,000,000 for the cost-shared biomass ethanol plant 
     in Gridley, California, and $1,000,000 for testing forest 
     residue feedstocks at the Department's biomass ethanol user 
     facility, with the remainder of the funds made available for 
     biochemical conversion. The conferees direct that funding for 
     the regional biomass program and the feedstock program be 
     allocated equally between the power systems and 
     transportation programs.
       Funding of $750,000 for the solar international program is 
     to be allocated to nongovernmental organizations which are 
     active in joint implementation activities to develop specific 
     international energy projects. The conferees direct that any 
     carryover funds available on October 1, 1996 in the solar 
     international and solar transfer programs be used only to 
     honor existing contracts. Carryover funds from these two 
     programs are not to be available for obligation for new 
     contracts or agreements.
       Funding of $30,000,000 is provided for the geothermal 
     program, including $300,000 for the Geo-Heat Center at the 
     University of Oregon Institute of Technology and $2,000,000 
     for the Geysers geothermal project, which represents the 
     final Federal contribution to this program.
       Funding of $1,000,000 is provided for hydropower for the 
     cost-shared fish-friendly turbine research and development 
     program.
       Funding of $4,000,000 is provided for renewable Indian 
     energy resources, including $1,000,000 for the final Federal 
     share of theHaida Alaska Native Village Corporation's 
     Reynolds Creek hydroelectric project, $2,000,000 for the Eyak 
     Native Corporation's Power Creek hydroelectric project and 
     $1,000,000 for the Klawock-Thorne Bay-Kasaan electrical 
     intertie.
       Due to severe budget constraints, the conferees have not 
     included the Senate language encouraging the Department to 
     start a new program developing metal matrix composites.
       The conference agreement does not direct a specific 
     reduction in the number of federal employees at Headquarters.


                             nuclear energy

       The conferees have provided $38,000,000 for the light water 
     reactor program, $2,000,000 less than the budget request and 
     the Senate amount. This is the final Federal contribution to 
     the light water reactor program. The conferees have not 
     included funding to demonstrate or study annealment of 
     reactor cores.
       The conferees note that there is insufficient funding to 
     support a viable nuclear engineering and radiation science 
     research program. This program is underfunded to the point 
     where the viability of the nuclear engineering academic 
     departments in the United States, and the nuclear science 
     capability of the nation, are at risk. The health and 
     vitality of the academic infrastructure in nuclear science 
     and engineering in the U.S. depends on an adequately funded 
     research program. Therefore, the conferees urge the 
     Department to include sufficient funding to reinstate the 
     Nuclear Engineering Education Research program in the fiscal 
     year 1998 budget request.
       The conference agreement includes $12,704,000 for the 
     isotope support program including $5,000,000 to implement the 
     Department's record of decision on the production of 
     molybdenum-99.


                     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 theHiroshima and Nagasaki bombings. The 
     conferees agree that this program is a defense-related 
     activity and have included the fiscal year 1997 funding of 
     $15,000,000 in the environment, safety and health program 
     under Other Defense Activities.


                            energy research

     Biological and environmental research
       The conference agreement includes $10,000,000 for the final 
     phase of the Biomedical Information Communication Center at 
     the Oregon Health Sciences University. The database resulting 
     from the project will be used to track the efficacy and 
     effect of medical treatments, and assist in research efforts 
     associated with the long-term effects of low-level exposure 
     to potential environmental hazards such as radiation or 
     electromagnetic fields. The conference agreement also 
     includes $3,000,000 for the Indiana University School of 
     Medicine. The University is nationally renowned for its 
     achievements in the field of nuclear medicine. This 
     contribution will allow the university to expand its efforts 
     in the research and treatment of cancer, AIDS and other life-
     threatening diseases.
       Within available funds, $1,000,000 is provided to establish 
     a collaborative Boron Neutron Capture Therapy (BNCT) program 
     utilizing the nuclear radiation capabilities at the McClellan 
     Nuclear Radiation Center (MNRC). This program will help 
     establish the efficacy of BNCT for the treatment of 
     inoperable brain tumors and will expand to include other 
     difficult-to-treat malignancies such as melanoma, skull-base 
     tumors, inherently radio-resistant tumors, long-bone sarcoma 
     in children and pediatric brain tumors.
     Fusion
       The conferees have provided $232,500,000 for the fusion 
     energy program, an increase of $7,500,000 over theHouse 
     recommendation. The conferees support theHouse and Senate 
     inclusion of program direction and computational support 
     within the amount provided for the fusion program. The 
     conferees encourage the Department to reduce the amount 
     identified for program direction, but do not stipulate 
     amounts for program direction or computational support. To 
     further provide maximum flexibility, the conferees have not 
     included the prescriptive language included in theHouse 
     report.
       The conferees have provided funds to continue and complete 
     operations and provide for safe shutdown of the TFTR in 
     fiscal year 1997. This is the final year of funding for 
     fusion operations at the TFTR.
       The conference agreement includes funding to continue the 
     U.S. participation in the engineering design activities phase 
     of the international thermonuclear experimental reactor 
     (ITER) project, to which the United States is committed 
     through fiscal year 1998.
     Basic energy sciences
       Funding of $7,000,000 is provided for the Experimental 
     Program to Stimulate Competitive Research (EPSCoR) program. 
     Also, the conference agreement provides $3,200,000, for the 
     Midwest Superconductivity Consortium. The conferees support 
     collaborative multi-institution, multi-discipline materials 
     research efforts involving ion exchange membranes, ion 
     exchange resins, and solidification-stabilization for 
     immobilization of hazardous wastes. The conferees are aware 
     of an

[[Page H10303]]

     industrial multi-institutional consortium in the southeast 
     which is exploring research in these applications and 
     encourages the Department to determine whether there is a 
     Departmental interest in joining this consortium.
       The conference agreement includes $10,000,000 for the 
     University of Alabama. Funding of $9,500,000 is provided to 
     complete the Energy, Minerals, and Materials Research Center 
     which focuses on fundamental research in state-of-the-art 
     manufacturing technologies related to energy efficiency and 
     conservation, environmentally responsible production 
     techniques and advanced information systems at the University 
     of Alabama-Tuscaloosa. The remaining $500,000 is provided to 
     the University of Alabama-Birmingham in support of a 
     cooperative research agreement to use magnetic resonance 
     imaging systems to develop advanced cardiovascular imaging 
     applications. The conference agreement also includes 
     $7,000,000 for the Center for Technological Research with 
     Industry at Rose-Hulman Institute of Technology. This project 
     will complement the school's ongoing efforts to increase our 
     nation's competitiveness by coordinating technology-based 
     research with industrial and governmental sponsors.
     Other energy research activities
       The conference agreement includes $10,000,000 for the 
     establishment of the energy and environmental technology 
     applications project at the University of Southwestern 
     Louisiana. The project will enhance fundamental automation 
     research in areas designed to improve the nation's global 
     competitiveness and energy efficiency.
       The conferees have included theHouse recommendation for 
     program direction, $30,600,000, but do not agree with 
     theHouse direction that $2,500,000 be available for expenses 
     related to workforce reduction. The conferees have not 
     recommended a specific amount for the technology transfer 
     program.


                       energy support activities

       The conferees agree with theHouse recommendation that 
     funding for University and Science Education programs be 
     provided from the sponsoring programs in the Department. The 
     Department of Energy spends well over $100,000,000 throughout 
     its programs to support science and education activities. To 
     the extend such activities benefit and are a byproduct of the 
     line programs, those programs should, within available funds, 
     be the educational sponsor.


                       in-house energy management

       Last year, Congress eliminated the In-House Energy 
     Management program as a stand-alone program. Notwithstanding 
     this direction, the Department defied the clear intent of 
     Congress and continued the program by using other available 
     Departmental resources. The conferees encourage the 
     Department to continue to carry out energy conservation 
     activities, but do not support the resurrection of a separate 
     program which was eliminated last year. To the extent the 
     Department has not already done so, the conferees recommend 
     that the Department conform its procurement regulations to 
     the procurement authorities provided by subsections (a) and 
     (c) of section 546 of the National Energy Conservation Policy 
     Act (42 U.S.C. 8256). The conferees expect the Department to 
     set an example and continue to lead the Federal Government in 
     the procurement of energy saving devices and services.


      environmental restoration and waste management (non-defense)

       The conferees agree with theHouse report language on the 
     Wayne, New Jersey project.
       The university robotics program is funded in the Defense 
     Environmental Restoration and Waste Management program.


                uranium supply and enrichment activities

       The conference agreement appropriates net funding of 
     $1,000,000 instead of $11,772,000 as proposed by theHouse and 
     no funding as proposed by the Senate.
       The conference agreement includes bill language proposed by 
     the Senate which would permit security guards to carry side 
     arms at the gaseous diffusion plants.
       The conference agreement retains bill language proposed by 
     the Senate providing for payment by the United States 
     Enrichment Corporation of necessary employee and agency 
     contributions to the Thrift Savings Fund.
       The conferees agree to provide up to $10,000,000 of program 
     funds for transparency measures.


      uranium enrichment decontamination and decommissioning fund

       The conference agreement appropriates $200,200,000 as 
     proposed by theHouse instead of $205,200,000 as proposed by 
     the Senate. The conference agreement retains language 
     proposed by theHouse providing $34,000,000 for the uranium 
     and thorium reimbursement program.


                general science and research activities

       The conference agreement appropriates $996,000,000 for 
     General Science and Research Activities as proposed by 
     theHouse instead of $1,000,626,000 as proposed by the Senate.


                      nuclear waste disposal fund

       The conference agreement appropriates $182,000,000 as 
     proposed by theHouse instead of $200,028,000 as proposed by 
     the Senate and deletes language proposed by theHouse making 
     the appropriation subject to authorization. The conference 
     agreement includes language proposed by theHouse prohibiting 
     distribution of funds appropriated under this heading for the 
     State of Nevada or affected units of local government. The 
     agreement also includes language proposed by the Senate 
     requiring the Secretary to prepare a viability assessment of 
     the Yucca Mountain site, amended to impose a deadline of 
     September 30, 1998 instead of June 30, 1998 as proposed by 
     the Senate.
       The conferees direct that the appropriated funds be used in 
     accordance with the Civilian Radioactive Waste Management 
     Draft Program plan issued by the Department in May 1996 and 
     for interim storage activities as authorized by law.


                      departmental administration

       The conference agreement appropriates $215,021,000 for 
     Departmental Administration instead of $194,000,000 as 
     proposed by theHouse and $218,017,000 as proposed by the 
     Senate. Revenues of $125,388,000 are estimated to be received 
     in fiscal year 1997, resulting in a net appropriation of 
     $89,633,000. The proposed funding level includes $6,000,000 
     available only for severance, termination, and related costs 
     resulting from the reduction in personnel in Departmental 
     Administration. The conference agreement includes $2,000,000 
     in environmental policy studies for the Department to 
     continue analytic global climate change studies.
       The conference agreement deletes bill language proposed by 
     theHouse specifying end-of-year employment levels by 
     organization in the Department of Energy. However, the 
     conferees are cognizant of these proposed employment levels 
     and strongly urge the Department to use these as a guideline 
     for proportionate reductions in fiscal year 1997.
       The conference agreement deletes language proposed by the 
     Senate to provide voluntary separation incentives for the 
     Department of Energy and to require payment by the Department 
     of Energy to the Office of Personnel Management.


                    office of the inspector general

       The conference agreement appropriates $23,853,000 instead 
     of $25,000,000 as proposed by theHouse and $23,103,000 as 
     proposed by the Senate.
       The conferees agree that the current case load of the 
     Office of Contractor Employee Protection does not support a 
     separate office of the current size, and direct the Inspector 
     General to assume the responsibility for these activities.


                    atomic energy defense activities

     Weapons activities
       The conference agreement appropriates $3,911,198,000 
     instead of $3,684,378,000 as proposed by theHouse and 
     $3,988,602,000 as proposed by the Senate.
       The conference agreement supports the direction provided in 
     the Senate report for the stockpile stewardship program with 
     the following adjustments. An increase of $30,000,000 over 
     the budget request is provided for the accelerated strategic 
     computing initiative. An additional $10,000,000 over the 
     budget request has been provided for the technology transfer 
     program; within this program up to $10,000,000 should be 
     allocated for the American Textile Partnership (AMTEX), and 
     up to $10,000,000 should be allocated for the Advanced 
     Computational and Technology Initiative (ACTI). The 
     conference agreement provides specific funding levels 
     identified by theHouse and Senate for the University of 
     Rochester and the Naval Research Laboratory in the inertial 
     confinement fusion program.
       For core stockpile management, the conference agreement 
     provides $1,834,470,000. Funding of $150,000,000 is provided 
     for a new tritium source, instead of $100,000,000 as proposed 
     by theHouse and $160,000,000 as proposed by the Senate. The 
     conferees direct the Department to notify theHouse and Senate 
     Committees on Appropriations prior to initiating in-reactor 
     tests of tritium target rods at a commercial light water 
     reactor. Enhanced surveillance activities are increased by 
     $15,000,000; advanced manufacturing activities are increased 
     by $80,000,000; and $6,000,000 is included for upgrades for 
     the tritium recycling facility.
       For program direction funding, the conference agreement 
     provides $325,000,000 which includes $22,600,000 for the 
     final settlement payment for the community assistance program 
     at Los Alamos, New Mexico. The funding provided is 
     $31,404,000 less than the budget request for salaries and 
     other expenses, and the conferees agree that these reductions 
     should be taken proportionately as recommended in theHouse 
     report.


         defense environmental restoration and waste management

       The conference agreement appropriates $5,459,304,000 for 
     Defense Environmental Restoration and Waste Management 
     instead of $5,409,310,000 as proposed by theHouse and 
     $5,605,210,000 as proposed by the Senate.
       The conference agreement deletes language included by the 
     Senate earmarking $2,000,000 for demonstration of stir-melter 
     technology and $5,000,000 for the electrometallurgical 
     treatment of spent nuclear fuel.
       The conferees have provided $15,000,000 for ``Closure 
     Projects,'' a new initiative to accelerate the closure of 
     facilities or significantly reduce outyear mortgage costs. 
     The conferees direct the Department to include funding at an 
     appropriate level for this activity as part of the fiscal 
     year 1998 budget request.
       The conference agreement provides $1,762,194,000 for 
     environmental restoration, the same as the budget request.
       Within the waste management program, up to $2,000,000 is 
     provided for demonstration of stir-melter technology 
     developed by the Department and previously intended to be 
     used

[[Page H10304]]

     at the Savannah River Site. The Department is directed to 
     seek alternative use of this technology to maximize the 
     investment already made in this technology.
       The conferees encourage the Department to support planning 
     and concepts refinement for a Systems Approach to Precision 
     Farming and Technology Integration consistent with the 1995 
     Department of Energy/U.S. Department of Agriculture 
     Memorandum of Understanding.
       The conference agreement provides the budget request for 
     site operations activities which were transferred to the 
     nuclear materials and facility stabilization program. This 
     includes the training and transportation budget requests 
     which were reduced by theHouse.
       The conferees also direct the Department to provide 
     $2,000,000 from the Defense Environmental Restoration and 
     Waste Management account, through the Department's Memorandum 
     of Understanding with the Department of Health and Human 
     Services, for theHanford Thyroid study.
       Within the budget request for robotics in the technology 
     development program, $4,000,000 is provided for the 
     university robotics program as proposed by theHouse.
       The conferees are pleased with the progress to date in 
     implementing the environmental basic research program. In a 
     recent review by the National Research Council, the Council 
     endorsed this program and acknowledged, ``* * * establishment 
     of this mission-directed, basic research program as both an 
     urgent and a prudent investment for the nation.'' The 
     National Research Council report further notes that the, ``* 
     * * long-term success of this program is highly dependent on 
     the continuing partnership between EM, which understands the 
     cleanup problems and research needs, and ER, which, through 
     its mission to manage the department's basic research 
     programs, understands how to select and manage research. The 
     committee endorses the efforts made by EM and ER staff to 
     work together and encourages them to continue their efforts 
     to build an effective Environmental Management Science 
     Program.''
       Due to budget constraints, the conference agreement 
     provides $170,000,000 for the environmental privatization 
     program at Richland, Washington. The conferees note with much 
     interest the recent National Academy of Sciences (NAS) report 
     on theHanford high-level waste tank remediation program. The 
     conferees agree with the NAS statement that, ``* * * a time 
     during which funding is constrained is precisely the wrong 
     time to drop work on alternatives that might achieve 
     satisfactory results at a significantly lower cost.'' The NAS 
     report notes that developing such backup technologies ``* * * 
     would still allow remediation to proceed expeditiously.'' The 
     conferees therefore recommend allocating up to $15,000,000 
     for technology development of such alternatives. An example 
     of such alternatives brought to the attention of the 
     Committees is a recent industry proposal to develop small, 
     modular inductive in-can vitrification and in-tank processing 
     as high-payoff backup technologies.
       The conferees have provided $411,511,000 for the program 
     direction account, a reduction of $35,000,000 from the budget 
     request. The number of Headquarters Federal employees are to 
     be reduced, and travel expenses and advisory and assistance 
     services at Headquarters and the field are to be reduced. The 
     conferees are very concerned with the Department's current 
     plan to reduce employees at Headquarters by transferring them 
     to the field. Any attempt to move employees to field offices 
     without sufficient justification and a demonstrated critical 
     need in the field will not be supported by Congress. Funding 
     for environmental cleanup programs will continue to be 
     constrained next year, and the Department must ensure that it 
     is not just moving the problem to another year and another 
     location.
       The conference agreement maintains the current policy that 
     no cleanup funds are to be used for economic development 
     activities. The conferees have provided $62,000,000 in the 
     worker and community transition program which was established 
     and authorized to fund such activities, and expect all 
     economic development activities to be funded from that 
     program.
       The conferees note with concern the tendency of the FY 1997 
     defense authorization Act to disregard an equitable 
     allocation of funds added above the budget request in the 
     Defense Environmental Restoration and Waste Management 
     account. Therefore, the conferees encourage the Department to 
     prioritize those programs and activities which would benefit 
     from these additional funds and submit a reprogramming 
     request necessary to implement such programs and activities 
     which the Department deems a priority for the Defense 
     Environmental Management mission.
     Hanford Tank Farms privatization
       The conferees support statements in theHouse report that 
     steps should be taken to minimize any negative budgetary 
     impact on current cleanup activities at Hanford resulting 
     from the creation of a privatization fund for theHanford Tank 
     Waste Remediation System program. The Department has also 
     advised the conferees that this privatization fund does not 
     take monies away from theHanford cleanup operating budget for 
     FY 1997. Despite these assurances, however, concerns persist 
     that the privatization fund will result in further funding 
     cuts to Hanford's operating budget and accompanying job 
     losses at the site. In response to these concerns, the 
     conferees state their agreement with the Department that the 
     specific establishment of the privatization fund will not 
     directly cause additional delays in cleanup schedules or 
     layoffs at Hanford in FY 1997.
       Furthermore, the conferees strongly encourage the 
     Department, to the maximum extent possible, to allocate 
     savings that result from the new management contract at 
     Hanford and any prior year balances to the privatization 
     program for the treatment of high and low level waste at 
     theHanford site.


                        fixed asset acquisition

       The conference agreement provides $160,000,000 for this 
     activity, instead of $134,500,000 as proposed by theHouse and 
     $182,000,000 as proposed by the Senate. This funding is 
     included in the Defense Environmental Restoration and Waste 
     Management appropriation account.


                        Other Defense Activities

       The conference agreement appropriates $1,605,733,000 for 
     Other Defense Activities instead of $1,459,533,000 as 
     proposed by theHouse and $1,606,833,000 as proposed by the 
     Senate. Details of the conference agreement are provided 
     below.


                 Nonproliferation and National Security

       The conference agreement provides $634,472,000 for 
     nonproliferation and national security instead of 
     $564,272,000 as proposed by theHouse and $649,872,000 as 
     proposed by the Senate.
       In the nonproliferation and verification research and 
     development program, the conferees have provided an 
     additional $17,000,000 to the Department to undertake a 
     research and development program to address the technical 
     means for detecting the presence, transportation, production, 
     and use of materials to make biological and chemical weapons.
       Within the funding for arms control, a total of $30,000,000 
     is for the Industrial Partnering Program, $7,900,000 is to 
     complete the canning of spent nuclear fuel rods in North 
     Korea, and an additional $20,000,000 over the budget request 
     of $92,637,000 is provided for the materials protection, 
     control, and accounting program.
       The conference agreement includes the Senate proposal or 
     the intelligence program, and provides $88,122,000 for the 
     program direction account.


                Environment, Safety and Health (Defense)

       The conference agreement provides $78,800,000, an increase 
     of $15,000,000 over the budget request, for defense-related 
     environment, safety and health activities. The conferees have 
     recommended funding the budget request of $15,000,000 for the 
     Radiation Effects Research Foundation in fiscal year 1997 in 
     this account. The Foundation had previously been funded in 
     the environment, safety and health (nondefense) account.


                    Worker and community transition

       The conference agreement provides $62,000,000 for the 
     worker and community transition program instead of 
     $57,000,000 as provided by theHouse and $67,000,000 as 
     provided by the Senate.


                        Nuclear energy (defense)

       The conference agreement provides $45,000,000 for the 
     international nuclear safety program to improve the safety of 
     Soviet-designed nuclear reactors. The conferees have provided 
     $3,500,000 for preparatory work for converting the fuel in 
     three Russian production reactors so that they do not produce 
     weapons-grade plutonium while providing heat and electricity.


                     Fissile Materials Disposition

       The conference agreement provides $103,796,000 for fissile 
     materials disposition, an increase of $10,000,000 over the 
     budget request. As proposed by the Senate, the additional 
     funding will permit the Department to undertake a cooperative 
     technology effort on the verifiable dismantlement and 
     conversion of plutonium from former Soviet Union weapons. 
     This effort will use new ARIES technology to transform 
     weapons grade plutonium removed from Russian weapons into 
     plutonium oxide or hydride which is unsuitable for weapons.


                             Naval Reactors

       The conference agreement provides $681,932,000, as proposed 
     by theHouse, instead of $663,932,000 as proposed by the 
     Senate. The additional $18,000,000 over the budget request 
     will be used to continue test reactor inactivation efforts.


                    Power Marketing Administrations

     Alaska Power Marketing Administration
       The conference agreement appropriates $4,000,000, as 
     proposed by theHouse and the Senate.
     Bonneville Power Administration
       A total of $3,750,000,000 has been made available to 
     Bonneville as permanent borrowing authority. For fiscal year 
     1997, the conferees recommend $277,000,000 in new borrowing 
     authority, a reduction of $10,000,000 from the budget 
     request. During fiscal year 1997, Bonneville plans to repay 
     the Treasury $835,000,000, of which $278,000,000 is to repay 
     principal on the Federal investment in these facilities. The 
     conferees agree that no new direct loans may be made in 
     fiscal year 1997. The conferees agree with the Senate report 
     language pertaining to fish and wildlife agreements and mid-
     Columbia hydroelectric plants. While the conferees recognize 
     Bonneville's need to remain competitive and assure its 
     payments to the Treasury, Bonneville should make every effort 
     to fulfill the

[[Page H10305]]

     commitments it has made to renewable energy and energy 
     conservation resources.
       The conferees have agreed to retain the voluntary 
     separation incentive language provided in fiscal year 1996, 
     but have agreed to limit the authority to September 30, 2000.
       BPA energy services business
       The changes occurring in the electric utility industry are 
     expected to result in changes to the authorities and 
     responsibilities of the Bonneville Power Administration. The 
     conferees support the efforts of the Governors, through 
     establishment of the Regional Review, to develop consensus 
     recommendations for restructuring Bonneville. The conferees 
     have heard legitimate concerns expressed about Bonneville's 
     formation of an energy services business. While the conferees 
     are not eliminating funding for this venture, it should only 
     be continued in the context of the historic energy efficiency 
     services Bonneville has offered to its existing customers.
       The conferees have agreed to limit Bonneville's borrowing 
     authority to $10 million for their energy services business 
     line, a decrease of $10 million from Bonneville's request. 
     Including this amount should not be viewed as an endorsement 
     by the conferees of Bonneville's ESB activities. Bonneville 
     should limit its activities to the continuation of historic 
     services to existing customers, including new contracts with 
     existing customers, not to cumulatively exceed $3 million 
     until the Regional Review has determined the appropriateness 
     of the activities and developed clear parameters. If the 
     Regional Review or ultimately Congressional action does not 
     support Bonneville's proposed new venture, Bonneville should 
     not expand its activities into this area. When entering into 
     these contracts with existing customers, such contracts shall 
     provide full cost recovery. The parameters developed by the 
     Regional Review should address the appropriate level of 
     capitalization, competitive implications and maintenance of a 
     competitive energy services market, and minimize the risk of 
     cross-subsidies from BPA's core power marketing and 
     transmission customers. The conferees expect Bonneville to 
     act consistent with the recommendations made by the Regional 
     Review.
       The conferees share the concern of theHouse report that 
     Bonneville's activities in this area may compete with the 
     private sector. Bonneville shall work with representatives of 
     the energy services industry in the Northwest to reach 
     agreement on principles which assure that Bonneville's 
     activities are structured to enlarge the energy services 
     market and do not compete with work that the private sector 
     could reasonably perform. The conferees understand that, with 
     the exception of Federal agencies, Bonneville has committed 
     to doing virtually no work with retail consumers without the 
     support of the local utility and the conferees expect 
     Bonneville to carry out this commitment.
       The Northwest Power Planning Council shall prepare a report 
     on Bonneville's implementation of the Regional Review 
     recommendations regarding the Energy Services Business within 
     180 days of enactment of this legislation, but in any case 
     not later than May 1, 1997. The Council is encouraged to 
     provide greater definition to the recommendations provided by 
     the Regional Review.


 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER MARKETING ADMINISTRATION

       The conference agreement appropriates $16,359,000, 
     $2,500,000 more than the amount proposed by the Senate and 
     $2,500,000 less than the amount proposed by theHouse.


 OPERATION AND MAINTENANCE, SOUTHWESTERN POWER MARKETING ADMINISTRATION

       The conference agreement appropriates $25,210,000, as 
     proposed by theHouse and the Senate.


 OPERATION AND MAINTENANCE, WESTERN AREA POWER MARKETING ADMINISTRATION

       The conference agreement appropriates $193,582,000, instead 
     of $211,582,000 as proposed by theHouse and $201,582,000 as 
     proposed by the Senate.


           FALCON AND AMISTAD OPERATING AND MAINTENANCE FUND

       The conference agreement appropriates $970,000, as proposed 
     by theHouse and the Senate.


                  FEDERAL ENERGY REGULATORY COMMISSION

       The conference agreement appropriates $146,290,000 as 
     proposed by the Senate instead of $141,290,000 as proposed by 
     theHouse. Revenues are established at a rate equal to the 
     amount provided for program activities, resulting in a net 
     appropriation of zero.


                           GENERAL PROVISIONS

       The conference agreement includes language proposed by 
     theHouse pertaining to priority placement, job placement, 
     retraining, and counseling programs for Department of Energy 
     employees affected by a reduction in force.
       The conference agreement includes language providing that 
     none of the funds appropriated by this or any other Act may 
     be used in implement section 3140 of H.R. 3230 as reported by 
     the Committee on Conference on July 30, 1996. The Secretary 
     of Energy shall develop a plan to reorganize the field 
     activities and management of the national security functions 
     of the Department of Energy and shall submit such plan to the 
     Congress not later than 120 days after the date of enactment 
     of this Act. The plan will specifically identify all 
     significant functions performed by the Department's national 
     security operations and area offices and make recommendations 
     as to where those functions should be performed.
       The conference agreement deletes language proposed by the 
     Senate pertaining to use of voluntary separation incentives 
     by the Department of Energy and payments to the Office of 
     Personnel Management for retirement benefits.

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[[Page H10328]]

                                TITLE IV

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

       The conference agreement appropriates $160,000,000 instead 
     of $155,331,000 as proposed by theHouse and $165,000,000 as 
     proposed by the Senate.
       Of the total amount appropriated, $57,000,000 is provided 
     for area development, $3,331,000 is provided for salaries and 
     expenses, and $99,669,000 is provided for highway 
     development.


                Defense Nuclear facilities safety board

       The conference agreement appropriates $16,000,000 for the 
     Defense Nuclear Facilities Safety Board instead of 
     $12,000,000 as proposed by theHouse and $17,000,000 as 
     proposed by the Senate.


                    Delaware river basin commission

       The conference agreement appropriates no funding for 
     Salaries and Expenses as proposed by theHouse instead of 
     $342,000 as proposed by the Senate and appropriates no 
     funding as a contribution to the Delaware River Basin 
     Commission instead of $500,000 as proposed by the Senate.


            interstate commission on the potomac river basin

       The conference agreement appropriates no funding as 
     proposed by theHouse instead of $508,000 as proposed by the 
     Senate.


                     nuclear regulatory commission

       The conference agreement appropriates $471,800,000 as 
     proposed by theHouse and the Senate. Of this amount, 
     $14,500,000 is to be provided from general funds; the 
     remainder, $457,300,000, is to be fully offset by fees and 
     collections.


                  Nuclear waste technical review board

       The conference agreement appropriates $2,531,000 as 
     proposed by theHouse and Senate.
       The conference agreement deletes language proposed by 
     theHouse making the appropriation subject to the 
     authorization required under the heading ``Nuclear Waste 
     Disposal Fund'' and includes technical language proposed by 
     theHouse to derive funds from the Nuclear Waste Fund instead 
     of technical language proposed by the Senate to transfer 
     funds from the Nuclear Waste Fund.


                   susquehanna river basin commission

       The conference agreement appropriates no funds for Salaries 
     and Expenses as proposed by theHouse instead of $322,000 as 
     proposed by the Senate and appropriates no funds as a 
     contribution to the Susquehanna River Commission as propose 
     by theHouse instead of $300,000 as proposed by the Senate.


                       tennessee valley authority

       The conference agreement appropriates $106,000,000 for the 
     Tennessee Valley Authority instead of $97,169,000 as proposed 
     by theHouse and $113,000,000 as proposed by the Senate.
       The conference agreement earmarks $15,000,000 for the 
     Environmental Research Center in Muscle Shoals, Alabama 
     instead of prohibiting the use of funds for the center 
     (except for necessary termination expenses) as proposed by 
     theHouse and $20,000,000 as proposed by the Senate.
       The conference agreement earmarks $6,000,000 for Land 
     Between the Lakes instead of $5,000,000 as proposed by 
     theHouse and $8,000,000 as proposed by the Senate.
       The conference agreement earmarks $15,000,000 for economic 
     development instead of $16,000,000 as proposed by theHouse 
     and $9,000,000 as proposed by the Senate.
       The conference agreement includes $70,000,000 for 
     stewardship and land and water activities of the TVA.
       The conference agreement includes language proposed by the 
     Senate prohibiting the use of funds for detailed engineering, 
     design and construction of a replacement for Chickamauga Lock 
     and Dam on the Tennessee River system.
       The conferees agree to require TVA to comply with 
     reprogramming guidelines. TheHouse and Senate Committees will 
     work with TVA to establish detailed guidelines to improve the 
     Authority's financial accountability.

                                TITLE V

                           General Provisions

       Sec. 501.--The conference agreement includes language 
     proposed by theHouse and Senate regarding the purchase of 
     American-made equipment and products, and language proposed 
     by theHouse prohibiting contracts with persons falsely 
     labeling products as made in America.
       Sec. 502.--The conference agreement includes language 
     proposed by theHouse repealing 42 U.S.C. 7262 which provides 
     authority to the Secretary of Energy to accept gifts, 
     bequests, and devises of money.
       Sec. 503.--The conference agreement includes language 
     proposed by theHouse which provides that none of the funds 
     made available by this Act may be used to determined the 
     final point of discharge for the interceptor drain for San 
     Luis Unit of the Central Valley Project until development by 
     the Secretary of the Interior and the State of California of 
     a plan, which shall conform to the water quality standards of 
     the State of California as approved by the Administrator of 
     the Environmental Protection Agency, to minimize any 
     detrimental effect of the San Luis drainage waters. The 
     language also provides that the costs of the Kesterson 
     Reservoir Cleanup Program and the San Joaquin Valley Drainage 
     Program shall be classified as reimbursable or 
     nonreimbursable by the Secretary of the Interior as described 
     in the Bureau of Reclamation report entitled, ``Repayment 
     Report, Kesterson Reservoir Cleanup Program and San Joaquin 
     Valley Drainage Program, February 1995'' and that any future 
     obligation of funds for drainage service or drainage studies 
     for the San Luis Unit shall be fully reimbursable by San Luis 
     Unit beneficiaries pursuant to Reclamation law.
       Sec. 504.--The conference agreement includes language 
     proposed by theHouse which provides that none of the funds 
     appropriated in this Act may be used to revise the Missouri 
     River Master Water Control Manual if such revision provided 
     for an increase in the springtime water release program 
     during the spring heavy rainfall and snow melt period in 
     states that have rivers draining into the Missouri River 
     below the Gavins Point Dam.
       Sec. 505.--The conference agreement amends language 
     proposed by theHouse repealing a provision included in the 
     Energy and Water Development Appropriations Act, 1991, which 
     made bypass releases for temperature control purposes at the 
     Shasta Dam nonreimbursable. The conferees have included this 
     provision to make reimbursable any replacement power 
     purchases necessitated by water releases for fishery purposes 
     that must bypass the generators in Shasta Dam, and have made 
     the provision effective upon operation of the Shasta 
     temperature control device or September 30, 1997. The 
     temperature control device construction should be completed 
     early in fiscal year 1997. The conferees anticipate that it 
     will eliminate waste of electrical energy and the need for 
     replacement power purchases, and urge the Bureau of 
     Reclamation to achieve operation as soon as possible.
       Sec. 506.--The conference agreement includes language 
     proposed by the Senate which extends the water service 
     contracts for the Bostwick District (Kansas portion), and 
     Bostwick District (Nebraska portion) projects for a period of 
     one additional year after the dates on which each of the 
     contracts would have otherwise expired. The language has been 
     amended to make technical corrections.
       Sec. 507.--The conference agreement includes language 
     proposed by the Senate requiring the Department of Energy to 
     submit a monthly report on adherence to recommendations 
     included in the reports accompanying this appropriations act. 
     The language has been modified to make this a one-time 
     report, due on February 28, 1997. This report should describe 
     the status and expected actions to be taken for each 
     recommendation included in theHouse, Senate, or conference 
     report.
       Sec. 508, 509, 510.--The conference agreement includes 
     language proposed by theHouse denying funds to institutions 
     of higher learning which prevent campus access to units of 
     the Senior Reserve Officer Training Corps or Federal military 
     recruiting on campus, amended to apply only to such 
     subelements of affected institutions which prevent campus 
     access. The language also prohibits the use of funds to enter 
     into or renew contracts with entities failing to comply with 
     statutory reporting requirements concerning the employment of 
     certain veterans.
       Sec. 511.--The conference agreement deletes language 
     proposed by theHouse repealing section 508(f) of the Energy 
     and Water Development Appropriations Act, 1996, providing the 
     Administrator of the Bonneville Power Administration the 
     authority to offer employees voluntary separation incentives 
     up to $25,000. The voluntary separation incentive language is 
     retained and modified to extend the buyout authority until 
     September 30, 2000.
       Sec. 512.--The conference agreement modifies language 
     proposed by the Senate regarding scientific review of the 
     Bonneville Power Administration's fish and wildlife programs.
       The Managers believe that successful implementation of the 
     Northwest Power Planning Council's (Council) fish and 
     wildlife program would be benefited by the advice of 
     independent scientists with expertise on the enhancement of 
     Columbia River fish and wildlife. The Managers understand 
     that the Council, together with the National Marine Fisheries 
     Service, has established an ``Independent Scientific Advisory 
     Board'' (ISAB) in order to provide scientific advice to the 
     Council and NMFS on the Council's plan for fish and wildlife 
     for the River system. The Managers have included language in 
     its bill directing the National Academy of Sciences to submit 
     a list of individuals to the Council to serve on an 
     ``Independent Scientific Review Panel'' (Panel) to review 
     projects for funding under BPA's annual fish and wildlife 
     program. The Managers note that nothing in the bill language 
     precludes NAS from recommending the same scientists that 
     serve on the ISAB to serve on the newly created Independent 
     Scientific Review Panel, provided that members meet the 
     conflict of interest standards spelled out in the bill 
     language. If ISAB scientists are selected to serve on the 
     newly created Panel, such scientists should not be 
     compensated twice for their services.
       The Managers understand that the Council has also developed 
     multi-year work plans that are used to make decisions for 
     fish and wildlife projects. The Managers note that nothing in 
     the bill language prohibits the Panel and Peer Review Groups 
     from reviewing such multi-year work plan proposals.
       BPA's annual fish and wildlife budget for the Council's 
     program totals well over $100 million. Its purpose is to 
     protect, mitigate, and enhance fish and wildlife populations 
     along the Columbia and Snake River system.

[[Page H10329]]

     The Managers recognize that the Columbia Basin Fish and 
     Wildlife Authority (CBFWA) is presently responsible for 
     prioritizing Council program measures and making 
     recommendations to the Council on projects to be funded 
     through BPA's annual fish and wildlife budget. The Managers 
     understand that each year roughly four hundred proposals are 
     submitted for review by CBFWA in order to receive funding 
     from BPA's annual budget. CBFWA's advice is important. CBFWA 
     members, however, are also the Federal and State fish and 
     wildlife agencies and the tribes who financially benefit from 
     the program. The Managers believe that independent scientific 
     review would remove any suggestion of conflict of interest in 
     prioritizing programs, and add an important element of 
     independent scientific review to the Council decision making 
     process.
       The bill language seeks to ensure that Northwest ratepayer 
     dollars are being spent in a cost effective and objective 
     manner. The bill language requires that the Council 
     establish, from a list submitted by NAS, Scientific Peer 
     Review Groups to assist the Panel in making its 
     recommendations to the Council. Projects shall be reviewed 
     based upon the following criteria: projects benefit fish and 
     wildlife in the region; have a clearly defined objective and 
     outcome; and are based on sound science principles.
       After review of the projects by the Panel and Peer Review 
     Groups, the Panel shall submit its recommendations on project 
     priorities to the Council for consideration. The Council 
     shall make the Panel's recommendations available to the 
     public for review.
       The Council shall review recommendations of the Panel, the 
     Columbia Basin Fish and Wildlife Authority, and others, in 
     making its final recommendations to BPA of projects to be 
     funded through BPA's annual fish and wildlife budget. If the 
     Council does not follow the advice of the Panel, it is to 
     explain in writing the basis for its decision. The Managers 
     understand that ocean conditions are a contributing factor to 
     the health of fish and wildlife populations in the region, 
     and have directed the Council to consider the impacts of 
     ocean conditions in making its recommendations to BPA to fund 
     projects. Bill language also directs the Council to determine 
     whether project recommendations employ cost effective 
     measures to achieve its objectives. The bill language 
     expressly states the Council, after review of Panel and other 
     recommendations, has the authority to make final 
     recommendations to BPA on project(s) to be funded through 
     BPA's annual fish and wildlife budget.
       The provision shall go into effect upon the date of 
     enactment, and the Managers intend that the provision be used 
     to start the planning process for the expenditure of BPA's 
     FY98 fish and wildlife budget. This provision shall expire on 
     September 30, 2000.
       Sec. 513.--The conference agreement includes language 
     renaming Cooper Lake in Texas as the ``Jim Chapman Lake.''
       Sec. 514.--The conference agreement includes language 
     naming a dam on the Rogue River in Jackson County, Oregon, as 
     the ``William L. Jess Dam and Intake Structure.''
       Sec. 515.--The conference agreement includes language 
     designating a portion of the Red River in Louisiana as the 
     ``J. Bennett Johnston Waterway.''


                     general provisions not adopted

       The conference agreement deletes language proposed by 
     theHouse prohibiting the Tennessee Valley Authority from 
     imposing a performance deposit in connection with permits 
     issued for docks and other residential shoreline 
     alternations.
       The conference agreement deletes language proposed by the 
     Senate pertaining to the authority of the State of Oregon to 
     enter into memorandum of understanding with the State of 
     Washington to address issues regarding theHanford 
     Reservation.
       The conference agreement deletes language proposed by the 
     Senate which gives the State of Oregon an opportunity to 
     review and comment on certain remedial actions at theHanford 
     Nuclear Reservation in the State of Washington.
       The conference agreement deletes language contained in 
     sections 507 and 508 of the Senate bill which would have 
     deferred principal and interest payments for one year on the 
     water service contracts for the Nueces River and Canadian 
     River projects in Texas.
       The conference agreement deletes language proposed by the 
     Senate, the text of S. 534, to provide authority for states 
     to limit the interstate transportation of municipal solid 
     waste and to provide for state and local government control 
     of the movement of municipal solid waste and recyclable 
     material.
       The conference agreement deletes language proposed by the 
     Senate expressing the sense of the Senate regarding a United 
     States semiconductor trade agreement with Japan.

                   Conference Total--With Comparisons

       The total new budget (obligational) authority for the 
     fiscal year 1997 recommended by the Committee of Conference, 
     with comparisons to the fiscal year 1996 amount, the 1997 
     budget estimates, and theHouse and Senate bills for 1997 
     follow:

New budget (obligational) authority, fiscal year 1996...$19,935,654,000
Budget estimates of new (obligational) authority, fiscal 20,648,952,000
House bill, fiscal year 1997.............................19,838,990,000
Senate bill, fiscal year 1997............................20,736,858,700
Conference agreement, fiscal year 1997...................20,401,108,000
Conference agreement compared with:
    New budget (obligational) authority, fiscal year 1996..+465,454,000
    Budget estimates of new (obligational) authority, fisca-247,844,000
    House bill, fiscal year 1997...........................+562,118,000
    Senate bill, fiscal year 1997..........................-335,750,700
     John T. Myers,
     Harold Rogers,
     Joe Knollenberg,
     Frank Riggs,
     Rodney P. Frelinghuysen,
     Jim Bunn,
     Mike Parker,
     Bob Livingston,
     Tom Bevill,
     Vic Fazio,
     Jim Chapman,
     Peter J. Visclosky,
                                 Managers on the Part of theHouse.

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

                          ____________________