[House Report 104-293]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    104-293
_______________________________________________________________________


 
 MAKING APPROPRIATIONS FOR ENERGY AND WATER DEVELOPMENT FOR THE FISCAL 
         YEAR ENDING SEPTEMBER 30, 1996, AND FOR OTHER PURPOSES
                                _______


                October 26, 1995.--Ordered to be printed

_______________________________________________________________________


 Mr. Myers of Indiana, from the committee of conference, submitted the 
                               following

                           CONFERENCE REPORT

                        [To accompany H.R. 1905]

      The Committee of Conference on the disagreeing votes of 
the two Houses on the amendments of the Senate to the bill 
(H.R. 1905) ``making appropriations for energy and water 
development for the fiscal year ending September 30, 1996, and 
for other purposes,'' having met, after full and free 
conference, have agreed to recommend and do recommend to their 
respective Houses as follows:
      That the Senate recede from its amendments numbered 6, 
18, 20, 23, 24, 26, 32, 36, 44, 45, 46, 47, 57, and 58.
      That the House recede from its disagreement to the 
amendments of the Senate numbered 7, 13, 14, 25, 33, 38, 39, 
40, 43, and 54; and agree to the same.
      Amendment numbered 1:
      That the House recede from its disagreement to the 
amendment of the Senate numbered 1, and agree to the same with 
an amendment, as follows:
      In lieu of the sum proposed by said amendment insert: 
$121,767,000; and the Senate agree to the same.
      Amendment numbered 2:
      That the House recede from its disagreement to the 
amendment of the Senate numbered 2, and agree to the same with 
an amendment, as follows:
      In lieu of the matter stricken and inserted by said 
amendment insert:
            Norco Bluffs, California, $375,000;
            Ohio River Greenway, Indiana, $500,000;
            Kentucky Lock and Dam, Kentucky, $2,000,000;
            Mussers Dam, Middle Creek, Snyder County, 
        Pennsylvania, $300,000; and
            West Virginia Port Development, West Virginia, 
        $300,000: Provided, That the Secretary of the Army, 
        acting through the Chief of Engineers, is directed to 
        undertake a study of water supply and associated needs 
        in the vicinity of Hazard, Kentucky, using $500,000 of 
        the funds appropriated under this heading in Public Law 
        103-316 for Hazard, Kentucky.
      And the Senate agree to the same.
      Amendment numbered 3:
      That the House recede from its disagreement to the 
amendment of the Senate numbered 3, and agree to the same with 
an amendment, as follows:
      In lieu of the sum proposed by said amendment insert: 
$804,573,000; and the Senate agree to the same.
      Amendment numbered 4:
      That the House recede from its disagreement to the 
amendment of the Senate numbered 4, and agree to the same with 
an amendment, as follows:
      In lieu of the matter stricken and inserted by said 
amendment insert:
            Homer Spit, Alaska, repair and extend project, 
        $3,800,000;
            McClellan-Kerr Arkansas River Navigation System, 
        Arkansas, $6,000,000: Provided, That $4,900,000 of such 
        amount shall be used for activities relating to 
        Montgomery Point Lock and Dam, Arkansas;
            Red River Emergency Bank Protection, Arkansas and 
        Louisiana, $6,600,000;
            Sacramento River Flood Control Project (Glenn-
        Colusa Irrigation District), California, $300,000;
            San Timoteo Creek (Santa Ana River Mainstem), 
        California, $5,000,000;
            Indiana Shoreline Erosion, Indiana, $1,500,000;
            Arkansas City flood control project, Kansas, 
        $700,000, except that for the purposes of the project, 
        section 902 of Public Law 99-662 is waived;
            Winfield, Kansas, $670,000;
            Harlan (Levisa and Tug Forks of the Big Sandy River 
        and Upper Cumberland River), Kentucky, $12,000,000;
            Williamsburg (Levisa and Tug Forks of the Big Sandy 
        River and Upper Cumberland River), Kentucky, 
        $4,100,000;
            Middlesboro (Levisa and Tug Forks of the Big Sandy 
        River and Upper Cumberland River), Kentucky, 
        $1,600,000;
            Salyersville, Kentucky, $500,000;
            Lake Pontchartrain and Vicinity (Hurricane 
        Protection), Louisiana, $13,348,000;
            Ouachita River Levees, Louisiana, $2,300,000;
            Red River below Denison Dam Levee and Bank 
        Stabilization, Louisiana, Arkansas, and Texas, 
        $2,500,000;
            Roughans Point, Massachusetts, $710,000;
            Marshall, Minnesota, $850,000;
            Ste. Genevieve, Missouri, $1,000,000;
            Broad Top Region, Pennsylvania, $4,100,000;
            Glen Foerd, Pennsylvania, $200,000;
            South Central Pennsylvania Environmental 
        Restoration, Pennsylvania, $3,500,000;
            Wallisville Lake, Texas, $5,000,000;
            Virginia Beach Erosion Control and Hurricane 
        Protection, Virginia, $1,100,000;
            Hatfield Bottom (Levisa and Tug Forks of the Big 
        Sandy River and Upper Cumberland River), West Virginia, 
        $200,000; and
            Upper Mingo (Levisa and Tug Forks of the Big Sandy 
        River and Upper Cumberland River), West Virginia, 
        $2,000,000: Provided, That the Secretary of the Army, 
        acting through the Chief of Engineers, shall transfer 
        $1,120,000 of the Construction, General funds 
        appropriated in this Act to the Secretary of the 
        Interior and the Secretary of the Interior shall accept 
        and expend such funds for performing operation and 
        maintenance activities at the Columbia River Fishing 
        Access Sites to be constructed by the Department of the 
        Army at Cascade Locks, Oregon; Lone Pine, Oregon; 
        Underwood, Washington; and the Bonneville Treaty 
        Fishing Access Site, Washington: Provided further, That 
        using funds appropriated in Public Law 103-316 for the 
        Sacramento River Flood Control Project (Deficiency 
        Correction), California, project and funds appropriated 
        herein for the Sacramento Urban Area Levee 
        Reconstruction, California, project, the Secretary of 
        the Army, acting through the Chief of Engineers, is 
        directed to acquire all or part of the Little Holland 
        tract, with any and all appurtenant water rights, for 
        wetland and fish and wildlife activities pursuant to 
        the authority of section 906 of Public Law 99-662 and 
        conditioned on a determination made by the Secretary, 
        pursuant to Section 906, that acquisition is in the 
        Federal interest.
      And the Senate agree to the same.
      Amendment numbered 5:
      That the House recede from its disagreement to the 
amendment of the Senate numbered 5, and agree to the same with 
an amendment, as follows:
      In lieu of the sum proposed by said amendment insert: 
$1,703,697,000; and the Senate agree to the same.
      Amendment numbered 8:
      That the House recede from its disagreement to the 
amendment of the Senate numbered 8, and agree to the same with 
an amendment, as follows:
      In lieu of the sum named in said amendment insert: 
$151,500,000; and the Senate agree to the same.
      Amendment numbered 9:
      That the House recede from its disagreement to the 
amendment of the Senate numbered 9, and agree to the same with 
an amendment, as follows:
      Restore the matter stricken by said amendment, amended as 
follows:
      In lieu of the sum named in said amendment, insert: 
$62,000,000; and the Senate agree to the same.
      Amendment numbered 10:
      That the House recede from its disagreement to the 
amendment of the Senate numbered 10, and agree to the same with 
an amendment, as follows:
      Retain the matter proposed by said amendment, and on page 
7, line 18, of the House engrossed bill, H.R. 1905, strike 
``the'', and insert in lieu thereof, ``any civil''.
      And the Senate agree to the same.
      Amendment numbered 11:
      That the House recede from its disagreement to the 
amendment of the Senate numbered 11, and agree to the same with 
an amendment, as follows:
      Delete the matter stricken by said amendment and insert 
the matter proposed by said amendment, amended as follows:
      Strike subsection (d) and insert in lieu thereof the 
following: (d) If any of the four Corps of Engineers hopper 
dredges is removed from normal service for repair or 
rehabilitation and such repair prevents the dredge from 
accomplishing its volume of work regularly carried out in each 
of the past three years, the Secretary shall not significantly 
alter the operating schedules of the remaining Federal hopper 
dredges established in accordance with the requirements of 
subsection (a) above.
      And the Senate agree to the same.
      Amendment numbered 12:
      That the House recede from its disagreement to the 
amendment of the Senate numbered 12, and agree to the same with 
an amendment, as follows:
      In lieu of the matter inserted by said amendment, insert:
      Sec. 103. With the exception of the use of funds to 
process any required Department of the Army permits, none of 
the funds appropriated herein or otherwise available to the 
Army Corps of Engineers may be used to assist, guide, 
coordinate, administer, prepare for occupancy of, or acquire 
furnishings for or in preparation of a movement to the 
Southeast Federal Center.
      And, on page 9, line 12, of the House engrossed bill, 
H.R. 1905, strike ``(b) PROJECT DEPTH.--'' and all that follows 
through ``harbor or refuge.'', on page 10, line 2 and insert in 
lieu thereof the following:
      (b) Project Depth.--The project described in subsection 
(a) is modified to provide for an authorized depth of 12.5 
feet.
      (c) Navigation Channel (Modified).--The reauthorized 
project navigation channel shall be defined by the following 
coordinates: 2911N-2239E, 3240N-2504E, 3964N-2874E, 4182N-
2891E, 4469N-2808E, 4692N-2720E, 4879N-2615E, 4952N-2778E, 
4438N-2980E, 4227N-3097E, 3720N-3068E, 3076N-2798E, 2996N-
2706E, 2783N-2450E.
      (d) Harbor of Refuge.--The project described in 
subsection (a), including the breakwalls, pier and authorized 
depth of the project (as modified by subsection (b)), shall 
continue to be maintained as a harbor of refuge.
      And the Senate agree to the same.
      Amendment numbered 15:
      That the House recede from its disagreement to the 
amendment of the Senate numbered 15, and agree to the same with 
an amendment, as follows:
      In lieu of the matter proposed by said amendment, insert:
      Sec. 106. Using $2,000,000 of the funds appropriated 
herein, the Secretary of the Army, acting through the Chief of 
Engineers, is authorized to undertake the Indianapolis, 
Indiana, project, authorized in section 5 of Public Law 74-738, 
as amended, and as modified to include certain riverfront 
alterations as described in the Central Indianapolis Waterfront 
Concept Master Plan, dated February, 1994, at a total cost of 
$65,975,000 with an estimated first Federal cost of $39,975,000 
and an estimated first non-Federal cost of $26,000,000.

SEC. 107. SOUTH CENTRAL PENNSYLVANIA.

      (a) In General.--Section 313 of the Water Resources 
Development Act of 1992 (106 Stat. 4845-4847) is amended--
            (1) in the heading to subsection (c) by striking 
        ``WITH SARCD COUNCIL'';
            (2) in subsection (c) by inserting ``with State, 
        regional, and local officials, including, where 
        applicable,'' after ``consult'';
            (3) in subsection (d)(2)(A) by inserting ``, where 
        applicable,'' after ``Council'';
            (4) in subsection (g)(1) by striking 
        ``$17,000,000'' and inserting ``$50,000,000''; and
            (5) in subsection (h)(2) by striking ``Bedford, 
        Blair, Cambria, Fulton, Huntingdon, and Somerset'' and 
        inserting ``Armstrong, Bedford, Blair, Cambria, 
        Clearfield, Fayette, Franklin, Fulton, Huntingdon, 
        Indiana, Juniata, Mifflin, Somerset, Snyder, and 
        Westmoreland''.
      (b) Cost Sharing.--Section 313(d)(3) of the Water 
Resources Development Act of 1992 (106 Stat. 4846) is amended 
to read as follows:
            ``(3) Cost sharing.--
                    ``(A) In general.--Total project costs 
                under each local cooperation agreement entered 
                into under this subsection shall be shared at 
                75 percent Federal and 25 percent non-Federal. 
                The non-Federal interest shall receive credit 
                for the reasonable costs of design work 
                completed by such interest prior to entering 
                into a local cooperation agreement with the 
                Secretary for a project. The Federal share may 
                be in the form of grants or reimbursements of 
                project costs.
                    ``(B) Interest.--In the event of delays in 
                reimbursement of the non-Federal share of a 
                project, the non-Federal interest shall receive 
                credit for reasonable interest to provide the 
                non-Federal share of a project's cost.
                    ``(C) Lands, easements, and rights-of-way 
                credit.--The non-Federal interest shall receive 
                credit for lands, easements, rights-of-way, and 
                relocations toward its share of project costs, 
                including direct costs associated with 
                obtaining permits necessary for the placement 
                of such project on public owned or controlled 
                lands, but not to exceed 25 percent of total 
                project costs.
                    ``(D) Operation and maintenance credit.--
                Operation and maintenance costs for projects 
                constructed with assistance provided under this 
                section shall be 100 percent non-Federal.''.
      Sec. 108. Using $2,000,000 of the funds appropriated 
herein, the Secretary of the Army, acting through the Chief of 
Engineers, is authorized and directed to proceed with 
engineering, design, and construction of projects to provide 
for flood control and improvements to rainfall drainage systems 
in Jefferson, Orleans, and St. Tammany Parishes, Louisiana, in 
accordance with the following reports of the New Orleans 
District Engineer: Jefferson and Orleans Parishes, Louisiana, 
Urban Flood Control and Water Quality Management, July 1992; 
Tangipahoa, Techefuncte and Tickfaw Rivers, Louisiana, June 
1991; and Schneider Canal, Slidell, Louisiana, Hurricane 
Protection, May 1990. There is authorized to be appropriated 
$25,000,000 for the initiation and partial accomplishment of 
projects described in these reports. The cost of any work 
performed by the non-Federal interests subsequent to the above 
cited reports, as determined by the Secretary of the Army to be 
a compatible and integral part of the projects, shall be 
credited toward the non-Federal share of the projects.
      Sec. 109. (a) In General.--Subject to the provisions of 
this section, the Secretary of the Army shall convey to the 
City of Prestonsburg, Kentucky, all right, title, and interest 
of the United States, in and to the land described in the 
Supplemental Agreement--Modification No. 2 to the Department of 
the Army lease #DACW69-1-76-0186, executed by and between the 
Department of the Army and the Commonwealth of Kentucky, 
together with any improvements thereon.
      (b) Conditions.--The conveyance authorized by this 
section is subject to the following conditions:
            (1) The City shall ensure that the land conveyed by 
        this section will be used for public use recreational 
        purposes and to further the regional economic 
        development.
            (2) The City shall use all proceeds derived from 
        the sale or lease of any mineral rights conveyed 
        pursuant to this section for the development, 
        operation, and maintenance of recreational facilities 
        on the lands conveyed in accordance with this section.
            (3) The City shall accept the property in its 
        condition at the time of the conveyance. The Secretary 
        shall not be required to make any improvements in the 
        property's condition, and the City shall hold and save 
        the United States free from any claims or damages 
        arising from any activities on the conveyed land either 
        on the date of the conveyance or any subsequent date.
            (4) If the City uses the land conveyed under this 
        section for any purpose other than those specified in 
        this paragraph, the Secretary shall notify the City of 
        such failure. If the City does not correct such 
        nonconforming use during the 1-year period beginning on 
        the date of such notification, the Secretary shall have 
        a right of reverter to reclaim possession and title to 
        the land conveyed under this section.
      And the Senate agree to the same.
      Amendment numbered 16:
      That the House recede from its disagreement to the 
amendment of the Senate numbered 16, and agree to the same with 
an amendment, as follows:
      In lieu of the section number named in said amendment, 
insert: 110; and the Senate agree to the same.
      Amendment numbered 17:
      That the House recede from its disagreement to the 
amendment of the Senate numbered 17, and agree to the same with 
an amendment, as follows:
      In lieu of the sum proposed by said amendment insert: 
$12,684,000; and the Senate agree to the same.
      Amendment numbered 19:
      That the House recede from its disagreement to the 
amendment of the Senate numbered 19, and agree to the same with 
an amendment, as follows:
      In lieu of the sum proposed by said amendment insert: 
$411,046,000; and the Senate agree to the same.
      Amendment numbered 21:
      That the House recede from its disagreement to the 
amendment of the Senate numbered 21, and agree to the same with 
an amendment, as follows:
      In lieu of the sum proposed by said amendment insert: 
$273,076,000; and the Senate agree to the same.
      Amendment numbered 22:
      That the House recede from its disagreement to the 
amendment of the Senate numbered 22, and agree to the same with 
an amendment, as follows:
      In lieu of the matter stricken and inserted by said 
amendment insert: $2,727,407,000, to remain available until 
expended; and the Senate agree to the same.
      Amendment numbered 27:
      That the House recede from its disagreement to the 
amendment of the Senate numbered 27, and agree to the same with 
an amendment, as follows:
      In lieu of the sum proposed by said amendment insert: 
$981,000,000; and the Senate agree to the same.
      Amendment numbered 28:
      That the House recede from its disagreement to the 
amendment of the Senate numbered 28, and agree to the same with 
an amendment, as follows:
      In lieu of the matter stricken and inserted by said 
amendment insert: For nuclear waste disposal activities to 
carry out the purposes of Public Law 97-425, as amended, 
including the acquisition of real property or facility 
construction or expansion, $151,600,000, to remain available 
until expended, to be derived from the Nuclear Waste Fund.
      And the Senate agree to the same.
      Amendment numbered 29:
      That the House recede from its disagreement to the 
amendment of the Senate numbered 29, and agree to the same with 
an amendment, as follows:
      In lieu of the sum proposed by said amendment insert: 
$3,460,314,000; and the Senate agree to the same.
      Amendment numbered 30:
      That the House recede from its disagreement to the 
amendment of the Senate numbered 30, and agree to the same with 
an amendment, as follows:
      In lieu of the sum proposed by said amendment insert: 
$5,557,532,000; and the Senate agree to the same.
      Amendment numbered 31:
      That the House recede from its disagreement to the 
amendment of the Senate numbered 31, and agree to the same with 
an amendment, as follows:
      In lieu of the sum proposed by said amendment insert: 
$1,373,212,000; and the Senate agree to the same.
      Amendment numbered 34:
      That the House recede from its disagreement to the 
amendment of the Senate numbered 34, and agree to the same with 
an amendment, as follows:
      In lieu of the matter inserted by said amendment insert: 
: Provided, That of the amount herein appropriated, $85,000,000 
shall be available for obligation and expenditure only for an 
interim storage facility and only upon the enactment of 
specific statutory authority; and the Senate agree to the same.
      Amendment numbered 35:
      That the House recede from its disagreement to the 
amendment of the Senate numbered 35, and agree to the same with 
an amendment, as follows:
      In lieu of the sum proposed by said amendment insert: 
$366,697,000; and the Senate agree to the same.
      Amendment numbered 37:
      That the House recede from its disagreement to the 
amendment of the Senate numbered 37, and agree to the same with 
an amendment, as follows:
      In lieu of the sum proposed by said amendment insert: 
$244,391,000; and the Senate agree to the same.
      Amendment numbered 41:
      That the House recede from its disagreement to the 
amendment of the Senate numbered 41, and agree to the same with 
an amendment, as follows:
      In lieu of the sum proposed by said amendment insert: 
$170,000,000; and the Senate agree to the same.
      Amendment numbered 42:
      That the House recede from its disagreement to the 
amendment of the Senate numbered 42, and agree to the same with 
an amendment, as follows:
      In lieu of the matter proposed by said amendment insert:

                    Delaware River Basin Commission


                         salaries and expenses


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


            contribution to delaware river basin commission


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

                   Susquehanna River Basin Commission


                         salaries and expenses


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


           contribution to susquehanna river basin commission


      For payment of the United States share of the current 
expenses of the Susquehanna River Basin Commission, as 
authorized by law (84 Stat. 1530, 1531), $250,000.
      And the Senate agree to the same.
      Amendment numbered 49:
      That the House recede from its disagreement to the 
amendment of the Senate numbered 49, and agree to the same with 
an amendment, as follows:
      In lieu of the sum proposed by said amendment insert: 
$109,169,000; and the Senate agree to the same.
      Amendment numbered 50:
      That the House recede from its disagreement to the 
amendment of the Senate numbered 50, and agree to the same with 
an amendment, as follows:
      In lieu of the matter proposed by said amendment, insert:
      . The Tennessee Valley Authority shall, not later than 
March 30, 1996, submit to Congress a preliminary plan for 
funding the environmental research center from sources other 
than direct appropriations to the Tennessee Valley Authority 
after fiscal year 1996; and the Senate agree to the same.
      Amendment numbered 51:
      That the House recede from its disagreement to the 
amendment of the Senate numbered 51, and agree to the same with 
an amendment, as follows:
      In lieu of the matter stricken by said amendment, insert:
      Sec. 501. Section 510 of Public Law 101-514, the Fiscal 
Year 1991 Energy and Water Development Appropriations Act, is 
repealed.
      Sec. 502. Notwithstanding the provisions of any other 
law, the report referred to in Title 30 of Public Law 102-575 
shall be submitted within five years from the date of enactment 
of that Act.
      And the Senate agree to the same.
      Amendment numbered 52:
      That the House recede from its disagreement to the 
amendment of the Senate numbered 52, and agree to the same with 
an amendment, as follows:
      In lieu of the matter stricken by said amendment, insert:
      Sec. 504. Section 4(a) of the Act entitled ``An Act to 
provide for the restoration of the fish and wildlife in the 
Trinity River Basin, California, and for other purposes'', 
approved October 24, 1984 (98 Stat. 2723), is amended--
            (a) in paragraph (1), by striking ``October 1, 
        1995'' and inserting in lieu thereof ``October 1, 
        1996''; and
            (b) in paragraph (2), by striking ``ten-year'' and 
        inserting in lieu thereof ``eleven-year''.
      And the Senate agree to the same.
      Amendment numbered 53:
      That the House recede from its disagreement to the 
amendment of the Senate numbered 53, and agree to the same with 
an amendment, as follows:
      In lieu of the matter stricken by said amendment, insert:
      Sec. 507. In order to ensure the timely implementation of 
the Colorado Ute Indian Water Rights Settlement Act of 1988, 
the Secretary of the Interior is directed to proceed without 
delay with construction of those facilities in conformance with 
the final Biological Opinion for the Animas-La Plata project, 
Colorado and New Mexico, dated October 25, 1991.
      And the Senate agree to the same.
      Amendment numbered 55:
      That the House recede from its disagreement to the 
amendment of the Senate numbered 55, and agree to the same with 
an amendment, as follows:
      In lieu of the matter proposed by said amendment, insert:
      Sec. 508. (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' 
        means the Administrator of the Bonneville Power 
        Administration.
            (2) Council.--The term ``Council'' means the 
        Northwest Power and Conservation Planning Council.
            (3) Excess federal power.--The term ``excess 
        Federal power'' means such electric power that has 
        become surplus to the firm contractual obligations of 
        the Administrator under section 5(f) of the Pacific 
        Northwest Electric Power Planning and Conservation Act 
        (16 U.S.C. 839c(f)) due to either--
                    (A) any reduction in the quantity of 
                electric power that the Administrator is 
                contractually required to supply under 
                subsections (b) and (d) of section 5 of the 
                Pacific Northwest Electric Power Planning and 
                Conservation Act (16 U.S.C. 839c), due to the 
                election by customers of the Bonneville Power 
                Administration to purchase electric power from 
                other suppliers, as compared to the quantity of 
                electric power that the Administrator was 
                contractually required to supply as of January 
                1, 1995; or
                    (B) those operations of the Federal 
                Columbia River Power System that are primarily 
                for the benefit of fish and wildlife affected 
                by the development, operation, or management of 
                the System.
      (b) Sale of Excess Federal Power.--Notwithstanding 
section 2, subsections (a), (b), and (c) of section 3, and 
section 7 of Public Law 88-552 (16 U.S.C. 837a, 837b, and 
837f), and section 9(c) of the Pacific Northwest Electric Power 
Planning and Conservation Act (16 U.S.C. 839f(c)), the 
Administrator may, as permitted by otherwise applicable law, 
sell or otherwise dispose of excess Federal power--
            (1) outside the Pacific Northwest on a firm basis 
        for a contract term of not to exceed 7 years, if the 
        excess Federal power is first offered for a reasonable 
        period of time and under the same essential rate, terms 
        and conditions to those Pacific Northwest public body, 
        cooperative and investor-owned utilities and those 
        direct service industrial customers identified in 
        subsection (b) or (d)(1)(A) of section 5 of the Pacific 
        Northwest Electric Power Planning and Conservation Act 
        (16 U.S.C. 839c); and,
            (2) in any region without the prohibition on resale 
        established by the second sentence of section 5(a) of 
        the Act entitled ``An Act to authorize the completion, 
        maintenance, and operation of Bonneville project for 
        navigation, and for other purposes'', approved August 
        20, 1937 (commonly known as the ``Bonneville Project 
        Act of 1937'') (16 U.S.C. 832d(a)).
      (c) Study by Council.--(1) Within 180 days of enactment 
of this Act, the Council shall review and report to Congress 
regarding the most appropriate governance structure to allow 
more effective regional control over efforts to conserve and 
enhance anadromous and resident fish and wildlife within the 
Federal Columbia River Power System.
      (d) Corps of Engineers Procurement.--The Assistant 
Secretary of the Army for Civil Works, acting through the North 
Pacific Division of the Corps of Engineers, is authorized to 
place orders for goods and services related to facilities for 
electric power generation and fish and wildlife mitigation 
associated with the Federal Columbia River Power System with 
and through the Administrator using the authorities available 
to the Administrator.
      (e) Residential Exchange.--Notwithstanding the 
establishment, confirmation and approval of rates pursuant to 
16 U.S.C. 839e, and notwithstanding the provisions of 16 U.S.C. 
839c(c), the cost benefits of eligible utilities' total 
purchase and exchange sales under 16 U.S.C. 839c(c)(1) shall be 
$145,000,000 for Fiscal Year 1997, and the net benefits paid to 
each eligible electric utility shall be $145,000,000 multiplied 
by the percentage of the total of such net benefits paid by the 
Administrator to such utility for Fiscal Year 1995.
      (f) Personnel Flexibility.--The Administrator may offer 
employees voluntary separation incentives as deemed necessary 
which shall not exceed $25,000. Recipients who accept 
employment with the United States within five years after 
separation shall repay the entire amount to the Bonneville 
Power Administration.
      (g) Savings.--Unless superseded by an Act of Congress, 
the authority provided by this section is expressly intended to 
extend beyond the fiscal year.
      And the Senate agree to the same.
      Amendment numbered 56:
      That the House recede from its disagreement to the 
amendment of the Senate numbered 56, and agree to the same with 
an amendment, as follows:
      In lieu of the matter proposed by said amendment, insert:
      Sec. 509. Section 7 of the Magnetic Fusion Energy 
Engineering Act (42 U.S.C. 9396) is repealed.
      And the Senate agree to the same.
      Amendment numbered 59:
      That the House recede from its disagreement to the 
amendment of the Senate numbered 59, and agree to the same with 
an amendment, as follows:
      In lieu of the section number named in said amendment, 
insert: 510; and the Senate agree to the same.

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

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

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

                                TITLE I

                      Department of Defense--Civil

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

                         Department of the Army

                       Corps of Engineers--Civil

                         General Investigations

      Amendment No. 1: Appropriates $121,767,000 for General 
Investigations instead of $129,906,000 as proposed by the House 
and $126,323,000 as proposed by the Senate.
      The conferees are aware that there is existing authority 
for the Corps of Engineers to maintain the Dog River in Alabama 
from the Mobile Harbor Ship Channel to 2,600 feet west of the 
Alabama Highway 163 bridge. The river has severe siltation west 
of that point and is not navigable during low tide. From within 
available funds, the Corps of Engineers is directed to use 
$200,000 to initiate a reconnaissance study of that portion of 
the Dog River.
      The conference agreement includes $150,000 for the 
Atlantic Intracoastal Waterway, Palm Beach County, Florida, 
project. Using these funds, the Corps of Engineers is directed 
to perform a reevaluation study of the authorized navigation 
improvements along the Atlantic Intracoastal Waterway in Palm 
Beach County.
      The conference agreement includes $6,205,000 for the 
Upper Mississippi River and Illinois Waterway study, the same 
as the budget request. The purpose of this study is to address 
the need for navigation capacity expansion on the Upper 
Mississippi River and Illinois Waterway. The conferees believe 
that the environmental component of the study should be limited 
to any impacts associated with expanding the capacity of the 
two systems. Therefore, the conferees direct the Corps of 
Engineers to not expand the scope of the study such that its 
total cost exceeds that presented in the current Project 
Management Plan. In addition, because of the need for a timely 
review of future navigation needs on the upper Mississippi 
River and Illinois Waterway, the conferees direct the Corps to 
expedite work on the study and ensure that the Division 
Engineer's public notice on the feasibility report is issued no 
later than December of 1999.
      The Secretary of the Army is directed to initiate a 
general reevaluation report for the Truckee Meadows Flood 
Control project, Nevada, authorized in the Water Resources 
Development Act of 1988. Of the $400,000 provided in the 
conference agreement for the Lower Truckee River, Nevada, 
project, $50,000 is appropriated for this investigation. The 
report will consider additional flood protection at and below 
Reno, Nevada, through levee/channel improvements, local 
impoundments, and potential reoperation of existing reservoirs 
in the watershed. The report will also consider the potential 
for environmental restoration along the Truckee River and 
tributaries in the Reno-Sparks area.
      The conference agreement includes $600,000 for the Corps 
of Engineers, in cooperation with the Bureau of Reclamation, to 
continue the feasibility study for lake stabilization in the 
Devils Lake Basin of North Dakota as described in Public Law 
102-377. The conferees expect the Corps of Engineers to 
expedite planning for emergency mitigation measures including 
emergency outlet options to the Sheyenne River, upper basin 
storage, and enhanced diking. The Corps of Engineers shall make 
its recommendations to the Congress for upper basin storage and 
enhanced diking by March 1, 1996, and shall report on the 
status of the lake stabilization study by September 30, 1996.
      The conference agreement includes $559,000 for the Army 
Corps of Engineers to continue preconstruction engineering and 
design for the Noyo Harbor Breakwater, California, project. The 
conferees are aware of a proposal to utilize prefabricated 
steel structures in lieu of a stone breakwater, at considerably 
less cost than the $22,900,000 now projected. Furthermore, the 
structures can be fitted to generate electricity. The potential 
for reduced construction costs, together with the ancillary 
benefit of wave power generation, would facilitate local cost 
sharing. The conferees, therefore, direct that the funds be 
utilized for efforts to validate the viability of using these 
structures to serve as breakwaters, including modeling.
      The conference agreement includes the following amounts 
for Coordination Studies With Other Agencies: Cooperation With 
Other Agencies, $480,000; Section 22 Planning Assistance to 
States, $2,000,000; Special Investigations, $3,400,000; Gulf of 
Mexico Program, $300,000; Interagency Water Resources 
Development, $1,000,000; National Estuary Program, $180,000; 
North American Waterfowl Management Plan, $180,000; and 
$380,000 for the Pacific Northwest Forest Case Study as 
described in the Senate Report.
      Within the funds available for the Flood Plain Management 
Services Program, the conferees have provided $100,000 for a 
study along the Jacks Defeat Creek watershed in Monroe County, 
Indiana.
      The conference agreement includes $30,432,000 for Corps 
of Engineers research and development activities. Included in 
this total is $23,732,000 for the Corps' base research and 
development program; $1,900,000 for evaluation of environmental 
investments; $2,000,000 for earthquake engineering; $1,000,000 
for zebra mussel control; $1,500,000 for the characterization 
and restoration of wetlands; and $300,000 for the continuation 
of the Construction Technology Transfer Project between the 
Corps of Engineers' research institutions and Indiana State 
University.
      Amendment No. 2: The conference agreement includes 
language providing $375,000 for the Norco Bluffs, California, 
project, as provided for in the House and Senate bills; 
restores House language stricken by the Senate for the Ohio 
River Greenway, Indiana, project amended to provide $500,000 
instead of $1,000,000 as proposed by the House; includes 
language proposed by the Senate for the Kentucky Lock and Dam, 
Kentucky, project amended to provide $2,000,000 instead of 
$2,500,000 as proposed by the Senate; restores House language 
stricken by the Senate providing $300,000 for the Mussers Dam, 
Pennsylvania, project; and includes language proposed by the 
Senate providing $300,000 for the West Virginia Port 
Development, West Virginia, project. The conference agreement 
also deletes language contained in the House and Senate bills 
providing funds for the Indianapolis Central Waterfront, 
Indiana, project. Funding for this project has been included 
under Construction, General.
      The conference agreement also includes language for a 
watershed study in the vicinity of Hazard, Kentucky, using 
previously appropriated funds. The Corps of Engineers is 
directed to prepare a reconnaissance level study addressing 
flood control, water supply and water quality needs as well as 
opportunities for environmental restoration in the Upper 
Kentucky River basin. In particular, the Corps is directed to 
evaluate the potential to reallocate excess storage in existing 
Corps lakes and alternatives thereto, for the purpose of 
providing additional water supply capability to meet expanding 
regional needs.

                         construction, general

      Amendment No. 3: Appropriates $804,573,000 for 
Construction, General instead of $807,846,000 as proposed by 
the House and $778,456,000 as proposed by the Senate.
      The conferees understand that the Acting Assistant 
Secretary of the Army for Civil Works determined on September 
1, 1995, that the Army Corps of Engineers will cost share the 
project for design deficiency correction of the Klamath-Glen 
Levee in Del Norte County, California, under the same financial 
terms as the original construction. This is in accordance with 
the technical conclusions of the Initial Appraisal Report of 
the San Francisco District Engineer, entitled ``Terwer Creek 
Erosion, Klamath-Glen Levee, Klamath River, Del Norte County, 
California'', March 1994. In view of this determination, and so 
that the necessary repairs can begin as quickly as possible, 
the Secretary of the Army is directed to utilize funds 
appropriated in this or prior appropriations Acts for the 
project.
      The Corps of Engineers may allocate up to $150,000 of the 
funds provided for the Central and Southern Florida Project 
Review Study or from other sources, for the purpose of 
initiating a study to determine whether the construction of a 
wastewater reuse facility in Dade County, Florida, should be 
incorporated within the overall project authorization upon 
receipt of necessary approval. Such reuse facility would be 
intended to increase the supply of surface water to the 
Everglades system and Everglades National Park, in turn 
benefiting recreation and enhancing fish and wildlife.
      The conference agreement includes $78,800,000 for the 
Columbia River Juvenile Fish Mitigation, Washington and Oregon, 
program as proposed by the Senate instead of $68,800,000 as 
proposed by the House. Of the funds provided, $1,000,000 is 
available for advanced planning and design for public and 
private facilities affected by the operation of the John Day 
project at minimum pool levels. The conferees share the concern 
of both the Senate and the House regarding the costs and 
justification for the John Day drawdown as an effective method 
for salmon recovery. To date, the conferees have not been 
provided with any scientific evidence supporting the drawdown; 
therefore, the Administration is directed to provide scientific 
justification of the project as an effective means of salmon 
recovery along with any further requests for funding. 
Considering the extraordinary cost of completing this project, 
if the Administration does not find significant benefits, the 
proposal should be abandoned altogether. The conferees also 
note that the mitigation necessary to lower John Day Reservoir 
to minimum operating pool will require specific authorization 
from Congress.
      The conferees understand that rapid and substantial 
improvement in fish passage in the Federal Columbia River power 
system is a high priority. Accordingly, the conferees direct 
the Secretary of the Army to independently evaluate annually 
the performance of the Corps of Engineers in achieving 
improvements in fish passage and to provide these evaluations 
to the Committees on Appropriations. The conferees further 
direct the Corps and the Bonneville Power Administration, in 
consultation with the National Marine Fisheries Service, to 
develop a set of recommendations for improving the system by 
which fish passage improvements are designed, tested and 
implemented at the Federal projects. These improvements should 
seek to shorten the time requirements, reduce the costs, and 
improve the biological success of fish passage projects. The 
Corps and BPA should submit these recommendations to the 
Committees on Appropriations within six months of enactment of 
this Act and should proceed to implement immediately reforms 
for which they have the authority.
      The Secretary of the Army, acting through the Chief of 
Engineers, is directed to design and construct a Regional 
Visitors Center in the vicinity of Shreveport, Louisiana, to 
provide information to the public on the Red River Basin, 
national and local water resources development of the U.S. Army 
Corps of Engineers, and the Red River Waterway Project. The 
Regional Visitors Center is to be constructed using funds 
appropriated for construction of the Red River Waterway 
Project, and will be operated and maintained using funds 
appropriated for operation and maintenance of the waterway.
      The conferees wish to emphasize their continued support 
for the Corps of Engineers Continuing Authorities Programs. 
These programs, which require only modest amounts of budgetary 
resources, have proven to be of great value and are 
particularly important to many small communities throughout the 
Nation. Therefore, the conferees direct the Secretary of the 
Army, acting through the Chief of Engineers, to continue the 
planning, engineering, and design of projects under all of the 
continuing authorities programs whether or not they will be 
approved for construction by the end of fiscal year 1996, 
initiate new projects under normal procedures for the 
continuing authorities programs, and continue budgeting these 
programs in fiscal year 1997 and beyond.
      For the Emergency Streambank and Erosion Control (Section 
14) program, the conferees direct the Corps of Engineers to 
undertake the projects identified in the House Report. In 
addition, the conference agreement includes $242,000 for the 
project to provide erosion protection for the Russell-Allison 
Levee along the Wabash River in Lawrence County, Illinois, and 
$325,000 for repair of the Ohio River levee in Marietta, Ohio. 
For the Small Flood Control Projects (Section 205) program, the 
conferees direct the Corps of Engineers to undertake the 
projects identified in the House and Senate Reports. In 
addition, the conference agreement includes $200,000 for the 
Corps of Engineers to initiate and complete a feasibility study 
to control flooding at the town of Sumava Resorts, Indiana, and 
$65,000 for a feasibility study of the Bellepoint floodwall, 
Frankfort, Kentucky, project. For the Small Beach Erosion 
Control (Section 103) program, the conferees direct the Corps 
of Engineers to undertake the Aqua Hedionda Lagoon project in 
Carlsbad, California, as described in the House Report. For the 
Project Modifications for the Improvement of the Environment 
(Section 1135) program, the conference agreement includes funds 
for the projects identified in the House Report and also 
includes $100,000 for the St. Paul Harbor, Alaska, project and 
$370,000 for the Valdez Harbor, Alaska, project. For the Small 
Navigation Projects (Section 107) program, the conference 
agreement includes $1,000,000 for the Ouizinkie Harbor, Alaska, 
project, $500,000 for the Larsen Bay Harbor, Alaska, project, 
$200,000 for the Williamsburg, Alaska project, and $250,000 for 
the Tatitlik Harbor, Alaska, project.
      Amendment No. 4: The conference agreement includes 
language in the bill for the following projects, which were 
funded at the same level in the House and Senate bills: 
Sacramento River Flood Control Project (Glenn-Colusa Irrigation 
District), California ($300,000); Harlan, Kentucky 
($12,000,000); Williamsburg, Kentucky ($4,100,000); 
Middlesboro, Kentucky ($1,600,000); Salyersville, Kentucky 
($500,000); Glen Foerd, Pennsylvania ($200,000); Wallisville, 
Texas ($5,000,000); and Red River Emergency Bank Protection, 
Arkansas and Louisiana ($6,600,000).
      The conference agreement restores House language stricken 
by the Senate providing funds for the San Timoteo Creek feature 
of the Santa Ana River Mainstem, California, project 
($5,000,000), and the Indiana Shoreline Erosion, Indiana, 
project, ($1,500,000).
      The conference agreement provides $13,348,000 for the 
Lake Pontchartrain and Vicinity (Hurricane Protection), 
Louisiana, project instead of $11,848,000 as proposed by the 
House and $11,838,000 as proposed by the Senate; provides 
$2,500,000 for the Red River below Denison Dam, Louisiana, 
Arkansas, and Texas, project instead of $3,800,000 as proposed 
by the House and $2,000,000 as proposed by the Senate; and 
provides $4,100,000 for the Broad Top Region, Pennsylvania, 
project as proposed by the House instead of $2,000,000 as 
proposed by the Senate.
      The conference agreement includes language proposed by 
the Senate which provides $3,800,000 for repair and extension 
of the Homer Spit, Alaska, project; provides $6,000,000 for the 
McClellan-Kerr Arkansas River Navigation System, Arkansas, 
project, of which $4,900,000 is for the Montgomery Point Lock 
and Dam; provides $700,000 for the Arkansas City, Kansas, 
project and waives section 902 of Public Law 99-662; provides 
$670,000 for the Winfield, Kansas, project; provides $2,300,000 
for the Ouachita River Levees, Louisiana, project; provides 
$710,000 for the Roughans Point, Massachusetts, project; 
provides $850,000 for the Marshall, Minnesota, project; 
provides $1,000,000 for the Ste. Genevieve, Missouri, project; 
provides $1,100,000 for the Virginia Beach Erosion Control and 
Hurricane Protection, Virginia, project; provides $200,000 for 
the Hatfield Bottom, West Virginia, project; provides 
$2,000,000 for the Upper Mingo, West Virginia, project; and 
provides that $1,120,000 shall be transferred to the Secretary 
of the Interior for performing operation and maintenance 
activities at the Columbia River Fishing Access Sites to be 
constructed in Oregon and Washington.
      The conferees have also included language in the bill 
that directs the Secretary of the Army to acquire all or part 
of the Little Holland Tract in California for wetlands 
restoration and waterfowl and fishery habitat enhancement and/
or mitigation purposes conditioned on a determination made by 
the Secretary that acquisition is in the Federal interest; and 
language that provides $3,500,000 for the South Central 
Pennsylvania Environmental Restoration project.
      The conferees are aware of the need for continued 
emergency construction on the Red River between Index, 
Arkansas, and Shreveport, Louisiana. However, due to bank 
caving problems that may be induced by the previously funded 
Sulfur Revetment now under construction, the conference 
agreement includes $6,600,000 to initiate and complete design 
and construction of the Canale Revetment in lieu of the Dickson 
Revetment.
      The conferees direct the Secretary of the Army, acting 
through the Chief of Engineers, to extend the levee identified 
in Plan B of the approved draft specific project report for 
Williamsburg, Kentucky, dated April 1993, by approximately 
2,000 feet upstream using funds provided for this project.
      For the Lake Pontchartrain and Vicinity (Hurricane 
Protection) project, the conference agreement includes an 
additional $4,000,000 to continue construction of parallel 
protection along the Orleans and London Avenue outfall canals, 
and an additional $1,500,000 for the project to intercept and 
convey landside runoff from Jefferson Parish lakefront levees. 
The conferees agree that the landside runoff project is not a 
separable element of the Lake Pontchartrain and Vicinity 
(Hurricane Protection) project and direct that future budget 
requests for the Lake Pontchartrain and Vicinity (Hurricane 
Protection) project include funding for landside runoff.
      The amount provided for the Red River below Denison Dam 
project includes $500,000 to continue the Bowie County Levee, 
Texas, portion of the project. The conferees direct the Corps 
of Engineers to continue to prepare plans and specifications 
for restoration or replacement of the Bowie County Levee as 
authorized by the Flood Control Act of 1946 for incorporation 
into the Federal levee system to provide the same level of 
protection as the adjoining Miller County Levee in Arkansas 
under the terms and conditions of section 3 of the Flood 
Control Act of 1936, Public Law 74-738.
      The funds to be transferred to the Secretary of the 
Interior for Columbia River Fishing Access Sites provide for 
the capitalized operation and maintenance costs for phase I 
sites. In addition, the conference agreement includes $600,000 
for engineering and design of an additional six Bonneville pool 
sites planned under phase II.
      On September 22, 1995, the Acting Assistant Secretary of 
the Army for Civil Works advised the House and Senate 
Committees of a proposal to enter into a Section 215 agreement 
with the city of Arkansas City, Kansas, to provide for a credit 
toward the local contribution for certain work to be performed 
by the city in connection with the authorized Arkansas City 
flood control project. The conferees have no objection to that 
proposal and the Secretary may immediately execute the 
agreement with the understanding that the credit will not 
exceed the statutory limit of Section 215 of Public Law 90-483, 
as amended.

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

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

                   Operation and Maintenance, General

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

                           regulatory program

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

                            general expenses

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

                           general provisions

                       corps of engineers--civil

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


                                TITLE II

                       Department of the Interior

                         Bureau of Reclamation

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

                         General Investigations

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

                          Construction Program

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

                       operation and maintenance

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

                central valley project restoration fund

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


                               TITLE III

                          Department of Energy

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

                       federal employment levels

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

                      support service contractors

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

                   DEPARTMENTAL BUDGET JUSTIFICATIONS

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

           ENERGY SUPPLY, RESEARCH AND DEVELOPMENT ACTIVITIES

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

                  SOLAR AND RENEWABLE ENERGY PROGRAMS

      Funding of $2,000,000 for the solar international program 
is to be allocated to non-governmental organizations which are 
active in joint implementation activities to develop specific 
international energy projects.
      Funding of $400,000 is provided to study the feasibility 
of piping treated effluent from Santa Rosa to the Geysers for 
injection.
      The conferees have provided $55,300,000 for biofuels 
energy systems. An amount of $27,650,000 is allocated for the 
categories of biochemical and thermochemical conversion, of 
which $3,000,000 is for the Federal share of a 50/50 cost-
shared biomass ethanol production plant in Gridley, California, 
and the amount also includes the request for capital equipment. 
With the remaining funds, the conferees support and fully fund 
the biomass power projects in Vermont and Hawaii, and have 
provided from the remainder of available funds $3,940,000 for 
the regional biomass program.
      The conferees have not provided funding for the ocean 
thermal energy systems program, nor technical assistance and 
other support for the Kotzebue, Alaska, project for a wind 
energy system.
      Within the total funding provided for solar energy, the 
conferees have included $2,988,000, the same as the budget 
request, for the renewable energy production incentive (REPI) 
program. The conferees urge the Department to fully fund both 
tier 1 and tier 2 projects as outlined in its recently 
published regulations. REPI program funding shall be available 
only for so long as the tax credit for electricity produced 
from certain renewable sources or the energy investment credit 
for solar and geothermal property (authorized by sections 1914 
and 1916 of the Energy Policy Act of 1992, respectively) remain 
in effect.
      Within funds available for hydrogen research, $250,000 
shall be made available to an institution where expertise in 
electrochemical (fuel cells), thermochemical and photochemical 
reactions for hydrogen production may be synergistically 
studied and the application to gas storage and alternate 
vehicle technology may be integrated.
      The conferees have provided $1,500,000 for the hydropower 
program which includes funding to support the cost-shared 
program to develop an advanced energy-efficient turbine which 
reduces environmental impacts on fish species.

                             NUCLEAR ENERGY

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

                                ISOTOPES

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

                     environment, safety and health

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

                            energy research

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

                       energy support activities

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

             environmental restoration and waste management

                             (non-defense)

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

                        indian energy resources

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

                uranium supply and enrichment activities

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

                general science and research activities

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

                      nuclear waste disposal fund

      Amendment No. 28: Appropriates $151,600,000 as proposed 
by the Senate instead of $226,600,000 as proposed by the House 
and deletes language proposed by the Senate that authorizes 
construction of an interim storage facility for spent nuclear 
fuel.
      The conferees agree on the importance of continuing the 
existing scientific work at Yucca Mountain to determine the 
ultimate feasibility and licensability of the permanent 
repository at that site. The conferees direct the Department to 
refocus the repository program on completing the core 
scientific activities at Yucca Mountain. The Department should 
complete excavation of the necessary portions of the 
exploratory tunnel and the scientific tests needed to assess 
the performance of the repository. It should defer preparation 
and filing of a license application for the repository with the 
Nuclear Regulatory Commission until a later date. The 
Department's goal should be to collect the scientific 
information needed to determine the suitability of the Yucca 
Mountain site and to complete a conceptual design for the 
repository and waste package for later submission to the 
Nuclear Regulatory Commission.

                    atomic energy defense activities

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

         defense environmental restoration and waste management

      Amendment No. 30: Appropriates $5,557,532,000 for Defense 
Environmental Restoration and Waste Management instead of 
$5,265,478,000 as proposed by the House and $5,989,750,000 as 
proposed by the Senate.
      The tables accompanying this conference agreement 
reallocate funding for several construction projects as 
requested by the Department to reflect the most recent 
programmatic and site assumptions for fiscal year 1996 
activities.
      Budget reductions should be taken in those areas which 
will have the least impact on ongoing cleanup activities. The 
conferees seek to the extent possible to protect funding 
necessary to meet the cleanup milestones established in 
compliance agreements with other Federal agencies, states, and 
local agencies, by directing the cuts against support service 
contracts, excessive Headquarters and field oversight, large 
uncosted balances, and by reducing other Department 
administrative expenses such as travel.
      The conferees direct that, to the maximum extent 
practicable, funding reductions be taken against Headquarters 
personnel and activities. Headquarters employees should be 
reviewing and auditing field and contractor activities and 
holding the contractors responsible for meeting performance 
goals and milestones, not micromanaging each step of the 
process from Headquarters through the financial plan process 
and activity data sheets. A critical review of Headquarters' 
approval processes for various activities would yield a wealth 
of non-value added administrative steps which serve primarily 
to delay, prolong, and diffuse responsibility for direct and 
timely cleanup activities. Thus, the conferees expect funding 
for Headquarters' organizations to be severely curtailed during 
execution of the fiscal year 1996 program.
      The conferees also believe that legislative reforms in 
the Department's cleanup program are long overdue, and will 
work with the legislative committees to ensure that significant 
changes are made in the cleanup program.
      The Department has indicated that the environmental 
management organization plans to hire an additional 315 Federal 
employees in fiscal year 1996. The conferees do not agree with 
this strategy. Every witness outside of the Department who 
testified on this program stated that one of the management 
problems was too many employees. While the conferees are 
sympathetic that the program may not have the correct mix of 
technical skills in the current work force, they are not 
amenable to the concept of hiring 10% more employees for this 
program in fiscal year 1996. Thus, the Department is directed 
not to exceed the current Federal employee ceiling and hire new 
employees only as current employees leave.
      The conference agreement provides $1,635,973,000 for 
environmental restoration. An additional $60,000,000 has been 
provided to accelerate cleanup activities and reduce current 
landlord costs and outyear funding requirements. The conferees 
strongly support efforts at sites such as Fernald, Ohio, and 
Rocky Flats, Colorado, which have developed detailed plans to 
expedite cleanup actions and reduce costs to the taxpayer.
      The conferees are in agreement with the Senate 
recommendation to accelerate certain activities at the Idaho 
National Engineering Laboratory. Within the waste management 
account, funding is provided for preconstruction activities 
such as design and engineering work on additional capacity for 
dry storage of spent nuclear fuel and an advanced mixed waste 
treatment facility. The conference agreement also provides 
funding of $42,000,000 for project 96-D-406, the nuclear fuels 
canister storage building and stabilization facility in 
Richland, Washington.
      The conferees agree with the concern expressed by the 
Senate that the Department is not providing sufficient 
attention and resources to longer term basic science research 
which needs to be done to ultimately reduce cleanup costs. The 
current technology development program continues to favor near-
term applied research efforts while failing to utilize the 
existing basic research infrastructure within the Department 
and the Office of Energy Research. As a result of this, the 
conferees direct that at least $50,000,000 of the technology 
development funding provided to the environmental management 
program in fiscal year 1996 be managed by the Office of Energy 
Research and used to develop a program that takes advantage of 
laboratory and university expertise. This funding is to be used 
to stimulate the required basic research, development and 
demonstration efforts to seek new and innovative cleanup 
methods to replace current conventional approaches which are 
often costly and ineffective.
      In the technology development program, $25,000,000 has 
been provided for electrometallurgical research and 
development. The conferees have also included sufficient 
funding for the Department to prepare a report on the potential 
of using pentaborane for environmental remediation or other 
uses, the estimated costs of the effort, and potential 
advantages and disadvantages of the proposal. The Department's 
activities in this area are to be confined to the preparation 
of this report.
      The conferees expect the Department to direct more 
resources toward activities surrounding storage, treatment, and 
disposal of spent nuclear fuel currently stored at Department 
of Energy sites.
      The conferees fully support the mission of the Hazardous 
Materials Training Center at the Hanford site in Richland, 
Washington, and direct the Department to adequately fund the 
requested operating budget from the compliance and coordination 
account.
      The conferees understand the need for economic 
development funding to support local communities adversely 
impacted by Department of Energy programs and to transition 
communities which have lost jobs due to programmatic changes at 
facilities, but are concerned that cleanup funds are being used 
for economic development activities. With that understanding, 
the conferees have provided $82,500,000 in the worker and 
community transition program under Other Defense Activities 
which was established and authorized to fund such activities, 
and expect all economic development activities to be funded 
from that program.
      The conference agreement provides not more than 
$12,000,000 for public accountability activities in the 
analysis, education and risk management program. The Department 
is expected to review requests for this funding to reduce 
duplication of efforts by various groups and excessive costs. 
None of these funds may be used for reimbursement of travel 
expenses of individuals traveling to Washington, DC.
      The conference agreement includes funding to maintain 
State health studies in South Carolina, Tennessee, and Colorado 
at the $7,300,000 level in fiscal year 1996. These funds are in 
addition to the $9,950,000 for dose reconstruction or other 
health studies including those conducted under a Memorandum of 
Understanding between the Department of Health and Human 
Services and DOE's Office of Environment, Safety and Health. 
Additionally, the conferees direct that all of these studies 
shall continue to be administered by the Office of Environment, 
Safety and Health.
      The conference agreement supports the Hanford 
environmental dose reconstruction project and health 
information network at the budget request level, and continues 
the Hanford thyroid study at $1,700,000, the same as the fiscal 
year 1995 level.
      The conferees are aware that the Draft Environmental 
Impact Statement prepared by the Department of Energy on the 
Proposed Nuclear Weapons Nonproliferation Policy Concerning 
Foreign Research Reactor Spent Nuclear Fuel includes as an 
option the importation of foreign spent nuclear fuel through 
civilian ports. The conferees are concerned that some of these 
ports may not have the security or the emergency management 
capabilities needed to safely handle weapons grade or highly 
irradiated nuclear material and that the designation of some of 
these ports as a port of entry would necessitate that the spent 
nuclear fuel be transported through highly populated 
metropolitan areas. The Department of Energy should take into 
consideration a port's willingness to be designated as a port 
of entry for the foreign spent nuclear fuel as one of the 
determining factors in the final selection process and to the 
maximum extent feasible, the conferees direct the Department of 
Energy to utilize military ports or civilian ports which have 
expressed an interest in receiving the spent fuel.
      The conference agreement includes the use of $667,240,000 
of prior year balances, an increase of $390,298,000 over the 
budget request, which included the use of $276,942,000.

                        Other Defense Activities

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

                    Nuclear Safeguards and Security

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

                          funding adjustments

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

                     defense nuclear waste disposal

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

                      departmental administration

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

                           secretarial travel

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

                    Office of the Inspector General

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

                     power marketing administration

                    bonneville power administration

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

                  federal energy regulatory commission

      Amendment No. 39: Appropriates $131,290,000 as proposed 
by the Senate instead of $132,290,000 as proposed by the House.
      The conference agreement provides $131,290,000 for the 
Federal Energy Regulatory Commission. Revenues are established 
at a rate equal to the amount provided for program activities, 
resulting in a net appropriation of zero.
      The conferees recognize that Commission workload with 
respect to the regulation of natural gas and oil is declining 
as those industries become more competitive and, therefore, 
concurs with the House and Senate Committees' recommendations 
to reduce staff in the natural gas and oil pipelines program. A 
20-percent reduction over the next two years is recommended.
      The conferees recognize the value in maintaining the 
current staffing level for the electric power program. This is 
necessary to respond to a significant increase in workload due 
to the Commission's efforts to establish a competitive 
wholesale bulk power market for electricity similar to what has 
been accomplished in the natural gas area.
      To mitigate the impact of the recommended funding 
reduction, the conferees encourage the Commission to employ 
additional authority from prior years' unexpended balances, as 
needed.
      The conferees direct the Commission to not approve the 
transfer of electric generating facilities at Scott Dam at Lake 
Pillsbury in Lake County, California, or Cape Horn Dam in 
Mendocino County, California, unless the Commission determines 
that such transfer will not adversely affect any existing water 
rights and will not substantially change flow levels in the 
Russian and Eel Rivers.
      Amendment No. 40: Applies revenues of $131,290,000 as 
proposed by the Senate instead of $132,290,000 as proposed by 
the House.


                                TITLE IV

                          Independent Agencies

                    Appalachian Regional Commission

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

                    Delaware River Basin Commission

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

            Interstate Commission on the Potomac River Basin

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

                     nuclear regulatory commission

                         salaries and expenses

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

                  nuclear waste technical review board

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

                   susquehanna river basin commission

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

                       tennessee valley authority

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

                                TITLE V

                           General Provisions

      Amendment No. 51: Deletes language proposed by the House 
repealing Sec. 505 of Public Law 102-377 which prohibits the 
use of funds to conduct studies relating to changes in pricing 
hydroelectric power by the six Federal public power authorities 
and Sec. 208 of Public Law 99-349 which prohibits the use of 
funds by the executive branch to solicit proposals, prepare 
studies, or draft proposals to transfer out of Federal 
ownership the Federal power marketing administrations located 
within the contiguous 48 States, but accepts House language 
repealing Sec. 510 of Public Law 101-514 which prohibits the 
use of funds by the executive branch to change the employment 
levels determined by the administrators of the Federal power 
marketing administrations to be necessary to carry out their 
responsibilities. The conferees agree that the statutory 
limitations do not prohibit the Legislative Branch from 
initiating or conducting studies or collecting information 
regarding the sale or transfer of the power marketing 
administrations to non-Federal ownership.
      The conference agreement also inserts language which 
extends the due date for the report required to be submitted by 
Title 30 of Public Law 102-575, the Western Water Policy Review 
Act of 1992. This extension is required because of the delay by 
the Administration in establishing the Western Water Policy 
Review Advisory Commission. The Bureau of Reclamation may use 
up to $800,000 of available funds in support of the work of the 
Commission.
      Amendment No. 52: Deletes language proposed by the House 
and stricken by the Senate providing that no funds may be used 
for programs, projects, or activities not in compliance with 
applicable Federal law relating to risk assessment, protection 
of property rights, or unfunded mandates and inserts language 
which extends the authorization for the Trinity River 
Restoration Program of the Central Valley Project, California, 
for one year. The conferees are aware that the House Resources 
Committee currently has under consideration legislation to 
extend the authorization for this program. This temporary 
extension will permit work to continue on this important 
program pending action by the authorizing committee.
      Amendment No. 53: Deletes language proposed by the House 
and stricken by the Senate reducing the Nuclear Waste Disposal 
Fund by $1,000, and inserts language that directs the Secretary 
of the Interior to proceed without delay with construction of 
those facilities of the Animas-La Plata Project, Colorado and 
New Mexico, identified for construction in the Final Biological 
Opinion for the project dated October 25, 1991.
      Amendment No. 54: Deletes language proposed by the House 
and stricken by the Senate which provides that none of the 
funds available in the Act for the U.S. Army Corps of Engineers 
Upper Mississippi River--Illinios Waterway Navigation Study may 
be used to study any portion of the Mississippi River above 
Lock and Dam 14.
      The conferees believe that the language contained in the 
House-passed bill could restrict the ability of the Corps of 
Engineers to undertake a comprehensive study of the navigation 
needs on the Upper Mississippi River and Illinois Waterway and 
have, therefore, agreed to delete the language. The conferees 
do agree, however, with the intent of the language and direct 
that the Corps of Engineers not study any large-scale 
improvements on the Upper Mississippi River above Lock and Dam 
14.
      Amendment No. 55: Deletes language inserted by the Senate 
pertaining to the amount of fish and wildlife costs that the 
Bonneville Power Administration could incur, and inserts 
language amending Public Law 88-552 and the Pacific Northwest 
Electric Power Planning and Conservation Act to permit the 
Bonneville Power Administration to sell excess Federal power 
outside the Pacific Northwest; requiring the Northwest Power 
and Conservation Planning Council to provide a report to 
Congress; authorizing the Corps of Engineers to procure goods 
through Bonneville using the authorities available to the 
Administrator; maintaining the residential exchange power 
program through fiscal year 1997; providing Bonneville Power 
Administration employees with a voluntary separation incentive 
up to $25,000; and authorizing these authorities to extend 
beyond the fiscal year.
      The conferees are deeply concerned over the escalating 
and uncoordinated fish and wildlife costs imposed on the 
Bonneville Power Administration (BPA) and its customers due to 
Endangered Species Act compliance. The conferees are concerned 
that the current inability to control BPA's fish and wildlife 
costs may result in the shifting of costs--both directly and 
indirectly--to the Nation's taxpayers and to non-Federal 
interests on the Columbia and Snake River system. Such non-
Federal interests include the region's electric ratepayers, 
agriculture, non-Federal hydroelectric projects owners, river 
users, reservoir users, water interests, and others. The 
conferees strongly urge BPA and the Administration to resist 
the temptation to shift fish and wildlife costs onto the 
Nation's taxpayers and these non-Federal interests.
      The conferees understand that there is a nearly unanimous 
call from affected parties--user groups, and ratepayers--in the 
region of Washington, Oregon, Idaho and Montana to start the 
review of the Pacific Northwest Power Planning and Conservation 
Act. The provisions of the Northwest Power Act that deserve 
careful consideration include, but are not limited to, 
containing the region's fish and wildlife costs, coordinating 
fish and wildlife expenditures, and granting the region the 
ability to make the decisions with respect to such costs. The 
conferees, therefore, urge a renewed review of the Northwest 
Power Act within the authorizing committees in the next session 
of Congress in an effort to answer these and other important 
issues confronting the region.
      The conferees understand the Administration is taking 
steps to control fish and wildlife costs as an interim measure. 
In addition, the conferees direct the agencies involved to 
enter into a Memorandum of Agreement establishing an overall 
salmon recovery budget, and detailing the manner in which such 
budget will be implemented.
      Sale of Excess Federal Power.--Excess power may be 
generated by routine power operations, or fish and wildlife 
operations, of either the Federal Columbia River Power System 
or other electric power plants from which Bonneville is 
contractually obligated to acquire electric power.
      This section removes restrictions from power made excess 
to BPA contractual obligations by: (1) a customer's decision to 
remove load from Bonneville, (2) hydrosystem operations, or (3) 
purchases for the benefit of fish and wildlife. This gives BPA 
greater flexibility in marketing, to increase its revenue and 
its competitiveness.
      The legislation applies the term ``excess power'' to this 
power. Currently, Bonneville's authorizing legislation severely 
limits Bonneville's flexibility to market such power, putting 
the agency at a marketing disadvantage and restricting 
potential revenues. Bonneville may sell excess power without, 
among other things, the regional preference call back 
provisions of 60 days for energy sales and 60 months for 
capacity sales, and without the Bonneville Project Act 
prohibition on resale of Federal power by private entities not 
in the business of selling power in the retail market. Surplus 
power which is surplus for reasons other than the reasons 
stated above will continue to be governed by existing marketing 
restrictions.
      Bonneville is allowed greater flexibility to provide 
Pacific Northwest preference notice to regional customers for 
out-of-region sales. This flexibility may include shorter 
notice periods and less detailed information on in-progress 
negotiations. Notice periods may be very short for short-term 
sales (for example, notice to accommodate hourly sales) and for 
transactions that must be negotiated quickly. BPA may also 
provide seasonal notices with price ranges requesting 
interested parties to contact BPA to purchase power. In all 
cases, prior to sales outside the Pacific Northwest, Bonneville 
would continue to offer power first to Northwest utilities and 
industries purchasing power from Bonneville. Bonneville would 
offer excess power first to regional customers under the same 
essential rate, terms and conditions as for the proposed out-
of-region sale. The Administrator has discretion in making this 
determination given that the rate may depend on terms and 
conditions for one purchaser that would be inapplicable to 
another purchaser. The rate, as under current law, will 
continue to be the price that BPA applies to the proposed sale 
within the parameters of the applicable rate schedule and based 
on the terms and conditions of the sale.
      This legislation poses no significant risk or cost to 
Bonneville's regional customers because the only power sold 
outside the region without the restrictions is power abandoned 
by regional customers and excess power generated or purchased 
for the benefit of fish and wildlife. No other amount of power 
can be sold outside the region without such restrictions. 
Regional customers will continue to receive first right to 
purchase excess power before it is sold outside the region.
      Within 90 days, the Bonneville Power Administration, with 
the concurrence of the Secretary of Energy, shall deliver a 
report on the sale of excess Federal power provision to the 
House Commerce Committee, House Resources Committee, the Senate 
Energy and Natural Resources Committee, and the House and 
Senate Committees on Appropriations. This report will be one of 
the factors considered in the comprehensive review of the 
Bonneville Power Administration.
      Residential Exchange.--Establishes the total amount of 
benefits available for residential and small farm consumers of 
utilities participating in the residential exchange program 
under section 5(c) of the Pacific Northwest Power Electric 
Planning and Conservation Act for fiscal year 1997. All 
residential exchange benefits will continue to be passed 
through in their entirety to the eligible residential and small 
farm consumers of the respective utilities. The conferees 
recognize the authority of the Bonneville Power Administration 
to implement in lieu transactions, among other actions, which 
could effectively terminate the residential exchange after 
2001. Consistent with the regional review, Bonneville and its 
customers should work together to gradually phase out the 
residential exchange program by October 1, 2001. This should 
result in total fiscal year 1997 benefits to these consumers 
being approximately equivalent to the benefits they received in 
fiscal year 1996.
      In order to maintain a sound financial position, the 
conferees urge, to the extent practicable, BPA to take such 
actions as are necessary to assure the proposed rate for public 
utilities and direct services industries are not increased from 
the initial proposal. In a further effort to prevent load loss, 
the conferees urge Bonneville to pursue load commitments from 
its public utility customers at an appropriate level which 
assures Bonneville's continued financial viability and 
recognizes customers' desires for load diversification and to 
capture economies of scale by pooling their resources.
      Amendment No. 56: Inserts a provision which would repeal 
section 7 of the Magnetic Fusion Engineering Act as proposed by 
the Senate, but does not repeal section 3131(c) of Public Law 
101-510, the National Defense Authorization Act for Fiscal Year 
1991, as proposed by the Senate because this was an erroneous 
citation.
      Amendment No. 57: Deletes language proposed by the Senate 
expressing the sense of the Senate on the conference on S. 4, 
the Line Item Veto Act.
      Amendment No. 58: Deletes language proposed by the Senate 
requiring reductions in energy costs of agency facilities.
      Amendment No. 59: Inserts language proposed by the Senate 
regarding the regulation of water levels in Rainy Lake and 
Namakan Lake in Minnesota, and changes the section number.

                   Conference Total--With Comparisons

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

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

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

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