[104th Congress Public Law 206]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ206.104]
ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 1997
Public Law 104-206
104th Congress
An Act
Making appropriations for energy and water development for the fiscal
year ending September 30, 1997, and for other purposes. <<NOTE: Sept.
30, 1996 - [H.R. 3816]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Energy and Water
Development Appropriations Act, 1997.>> That the following sums are
appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 1997, for energy
and water development, and for other purposes, namely:
TITLE I
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the direction
of the Secretary of the Army and the supervision of the Chief of
Engineers for authorized civil functions of the Department of the Army
pertaining to rivers and harbors, flood control, beach erosion, and
related purposes.
general investigations
For expenses necessary for the collection and study of basic
information pertaining to river and harbor, flood control, shore
protection, and related projects, restudy of authorized projects,
miscellaneous investigations, and, when authorized by laws, surveys and
detailed studies and plans and specifications of projects prior to
construction, $153,872,000, to remain available until expended, of which
funds are provided for the following projects in the amounts specified:
Norco Bluffs, California, $180,000;
San Joaquin River Basin, Caliente Creek, California,
$150,000;
Tampa Harbor, Alafia Channel, Florida, $100,000;
Lake George, Hobart, Indiana, $100,000;
Little Calumet River Basin, Cady Marsh Ditch, Indiana,
$200,000;
Tahoe Basin Study, Nevada and California, $100,000;
Barnegat Inlet to Little Egg Harbor Inlet, New Jersey,
$300,000;
Brigantine Inlet to Great Egg Harbor Inlet, New Jersey,
$360,000;
Great Egg Harbor Inlet to Townsends Inlet, New Jersey,
$200,000;
Manasquan Inlet to Barnegat Inlet, New Jersey, $250,000;
Townsends Inlet to Cape May Inlet, New Jersey, $245,000;
South Shore of Staten Island, New York, $200,000;
Mussers Dam, Middle Creek, Snyder County, Pennsylvania,
$450,000;
Rhode Island South Coast, Habitat Restoration and Storm
Damage Reduction, Rhode Island, $100,000;
Monongahela River, West Virginia, $500,000;
Monongahela River, Fairmont, West Virginia,
$100,000; and
Tygart River Basin, Philippi, West Virginia, $100,000.
construction, general
For the prosecution of river and harbor, flood control, shore
protection, and related projects authorized by laws; and detailed
studies, and plans and specifications, of projects (including those for
development with participation or under consideration for participation
by States, local governments, or private groups) authorized or made
eligible for selection by law (but such studies shall not constitute a
commitment of the Government to construction), $1,081,942,000, to remain
available until expended, of which such sums as are necessary pursuant
to Public Law 99-662 shall be derived from the Inland Waterways Trust
Fund, for one-half of the costs of construction and rehabilitation of
inland waterways projects, including rehabilitation costs for the Lock
and Dam 25, Mississippi River, Illinois and Missouri, Lock and Dam 14,
Mississippi River, Iowa, and Lock and Dam 24, Mississippi River,
Illinois and Missouri, projects, and of which funds are provided for the
following projects in the amounts specified:
Red River Emergency Bank Protection, Arkansas, $3,000,000;
San Timoteo Creek (Santa Ana River Mainstem),
California, $7,000,000;
Indianapolis Central Waterfront, Indiana, $7,000,000;
Indiana Shoreline Erosion, Indiana, $2,200,000;
Harlan (Levisa and Tug Forks of the Big Sandy River and
Upper Cumberland River), Kentucky, $18,000,000;
Martin County (Levisa and Tug Forks of the Big Sandy River
and Upper Cumberland River), Kentucky, $350,000;
Middlesboro (Levisa and Tug Forks of the Big Sandy River and
Upper Cumberland River), Kentucky, $2,500,000;
Pike County (Levisa and Tug Forks of the Big Sandy River and
Upper Cumberland River), Kentucky, $2,000,000;
Town of Martin (Levisa and Tug Forks of the Big Sandy River
and Upper Cumberland River), Kentucky, $300,000;
Williamsburg (Levisa and Tug Forks of the Big Sandy River
and Upper Cumberland River), Kentucky, $4,050,000;
Salyersville, Kentucky, $3,000,000;
Lake Pontchartrain and Vicinity, Louisiana, $17,025,000;
Lake Pontchartrain (Jefferson Parish) Stormwater Discharge,
Louisiana, $4,750,000;
Red River below Denison Dam Levee and Bank Stabilization,
Louisiana, Arkansas, and Texas, $100,000;
Red River Emergency Bank Protection, Louisiana, $3,400,000;
Glen Foerd, Pennsylvania, $800,000;
South Central Pennsylvania Environmental Restoration
Infrastructure and Resource Protection Development Pilot
Program, Pennsylvania, $7,000,000;
Seekonk River, Rhode Island Bridge removal, $650,000;
Wallisville Lake, Texas, $7,500,000;
Richmond Filtration Plant, Virginia, $3,500,000;
Virginia Beach, Virginia, $8,000,000;
Hatfield Bottom (Levisa and Tug Forks of the Big Sandy River
and Upper Cumberland River), West Virginia, $1,300,000;
Lower Mingo (Kermit) (Levisa and Tug Forks of the Big Sandy
River and Upper Cumberland River), West Virginia, $4,000,000;
Lower Mingo, West Virginia, Tributaries Supplement,
$105,000; and
Upper Mingo County (Levisa and Tug Forks of the Big Sandy
River and Upper Cumberland River), West Virginia, $3,500,000:
Provided, That of the funds provided for the Red River Waterway,
Mississippi River to Shreveport, Louisiana, project, $3,000,000
is provided, to remain available until expended, for design and
construction of a regional visitor center in the vicinity of
Shreveport, Louisiana at full Federal expense: Provided further,
That the Secretary of the Army, acting through the Chief of
Engineers, is directed to use $1,000,000 of the funds
appropriated in Public Law 104-46 for construction of the Ohio
River Flood Protection, Indiana, project: Provided further, That
the Secretary of the Army, acting through the Chief of
Engineers, is directed, in cooperation with State, county, and
city officials and in consultation with the Des Moines River
Greenbelt Advisory Committee, to provide highway and other signs
appropriate to direct the public to the bike trail which runs
from downtown Des Moines, Iowa, to the Big Creek Recreation area
at the Corps of Engineers Saylorville Lake project and the
wildlife refuge in Jasper and Marion Counties in Iowa authorized
in Public Law 101-302: Provided
further, <<NOTE: Iowa. Recreation and recreational
areas. Wildlife.>> That any law, regulation, documents or record
of the United States in which such projects are referred to
shall be held to refer to the bike trail as the Neal Smith Bike
Trail and to such centers as the Neal Smith Prairie Wildlife
Learning Center: Provided further, That the Secretary is
directed to initiate construction on the Joseph G. Minish
Historic Waterfront Park, New Jersey, project; furthermore, the
Secretary may transfer not to exceed $900,000 from General
Investigations appropriations made in title I of the Energy and
Water Development Appropriations Act, Public Law 103-126 (107
Stat. 1313) for the Passaic River, Mainstem, New Jersey, to
Construction, General for the Joseph G. Minish Historic
Waterfront Park, New Jersey, project and that the Committees on
Appropriations of the House and Senate shall be promptly advised
of such transfer: Provided further, That of the funds provided
herein, $1,000,000 shall be for payment to the Kansas City
Southern Industries, Inc., in partial reimbursement of costs
associated with the relocation and modification of the Louisiana
and Arkansas (L&A) Railway Bridge at Alexandria, Louisiana, for
navigation requirements of the Red River navigation project:
Provided further, That using $500,000 of the funds appropriated
for the Passaic River Mainstem, New Jersey, project under the
heading ``General Investigations'' in Public Law 103-126, the
Secretary of the Army, acting through the Chief of Engineers, is
directed to begin implementation of the Passaic River
Preservation of Natural Storage Areas separable element of the
Passaic River Flood Reduction Project, New Jersey: Provided
further, That the Secretary of the Army, acting through the
Chief of Engineers, is authorized and directed to initiate
construction on the following projects in the amounts specified:
Humboldt Harbor, California, $2,500,000;
San Lorenzo River, California, $200,000;
Faulkner's Island, Connecticut, $1,500,000;
Chicago Shoreline, Illinois, $8,000,000;
Pond Creek, Jefferson City, Kentucky, $1,500,000;
Natchez Bluff, Mississippi, $4,500,000;
Wood River, Grand Isle, Nebraska, $1,000,000;
New York City Watershed, New York, $1,000,000;
Duck Creek, Cincinnati, Ohio, $466,000;
Saw Mill Run, Pittsburgh, Pennsylvania, $500,000;
West Virginia and Pennsylvania Flooding, West Virginia and
Pennsylvania, $1,000,000;
Upper Jordan River, Utah, $500,000;
San Juan Harbor, Puerto Rico, $800,000; and
Allendale Dam, Rhode Island, $195,000: Provided further,
That no fully allocated funding policy shall apply to
construction of the projects listed above, and the Secretary of
the Army is directed to undertake these projects using
continuing contracts where sufficient funds to complete the
projects are not available from funds provided herein or in
prior years.
flood control, mississippi river and tributaries, arkansas,
illinois, kentucky, louisiana, mississippi, missouri, and tennessee
For expenses necessary for prosecuting work of flood control, and
rescue work, repair, restoration, or maintenance of flood control
projects threatened or destroyed by flood, as authorized by law (33
U.S.C. 702a, 702g-1), $310,374,000, to remain available until expended:
Provided, That the President of the Mississippi River Commission is
directed henceforth to use the variable cost recovery rate set forth in
OMB Circular A-126 for use of the Commission aircraft authorized by the
Flood Control Act of 1946, Public Law 526: Provided further, That
notwithstanding the funding limitations set forth in Public Law 104-6
(109 Stat. 85), the Secretary of the Army, acting through the Chief of
Engineers, is authorized and directed to use additional funds
appropriated herein or previously appropriated to complete remedial
measures to prevent slope instability at Hickman Bluff, Kentucky.
operation and maintenance, general
For expenses necessary for the preservation, operation, maintenance,
and care of existing river and harbor, flood control, and related works,
including such sums as may be necessary for the maintenance of harbor
channels provided by a State, municipality or other public agency,
outside of harbor lines, and serving essential needs of general commerce
and navigation; surveys and charting of northern and northwestern lakes
and connecting waters; clearing and straightening channels; and removal
of obstructions to navigation, $1,697,015,000, to remain available until
expended, of which such sums as become available in the Harbor
Maintenance Trust Fund, pursuant to Public Law 99-662, may be derived
from that fund, and of which such sums as become available from the
special account established by the Land and Water Conservation Act of
1965, as amended (16 U.S.C. 460l), may be derived from that fund for
construction, operation, and maintenance of outdoor recreation
facilities, and of which funds are provided for the following projects
in the amounts specified:
Raystown Lake, Pennsylvania, $4,190,000; and
Cooper Lake and Channels, Texas, $2,601,000:
Provided, That using $1,000,000 of the funds appropriated herein, the
Secretary of the Army, acting through the Chief of Engineers, is
directed to design and construct a landing at Guntersville, Alabama, as
described in the Master Plan Report of the Nashville District titled
``Guntersville Landing'' dated June, 1996: Provided further, That the
Secretary of the Army is directed to design and implement at full
Federal expense an early flood warning system for the Greenbrier and
Cheat River Basins, West Virginia within eighteen months from the date
of enactment of this Act: Provided further, That the Secretary of the
Army is directed during fiscal year 1997 to maintain a minimum
conservation pool level of 475.5 at Wister Lake in Oklahoma: Provided
further, That no funds, whether appropriated, contributed, or otherwise
provided, shall be available to the United States Army Corps of
Engineers for the purpose of acquiring land in Jasper County, South
Carolina, in connection with the Savannah Harbor navigation project:
Provided further, That the Secretary of the Army is directed to use
$600,000 of funding provided herein to perform maintenance dredging of
the Cocheco River navigation project, New Hampshire.
regulatory program
For expenses necessary for administration of laws pertaining to
regulation of navigable waters and wetlands, $101,000,000, to remain
available until expended.
flood control and coastal emergencies
For expenses necessary for emergency flood control, hurricane, and
shore protection activities, as authorized by section 5 of the Flood
Control Act approved August 18, 1941, as amended, $10,000,000, to remain
available until expended: Provided, That the Secretary of the Army,
acting through the Chief of Engineers, is directed to use up to
$8,000,000 of the funds appropriated herein and under this heading in
Public Law 104-134 to rehabilitate non-Federal flood control levees
along the Puyallup and Carbon Rivers in Pierce County, Washington.
general expenses
For expenses necessary for general administration and related
functions in the Office of the Chief of Engineers and offices of the
Division Engineers; activities of the Coastal Engineering Research
Board, the Humphreys Engineer Center Support Activity, the Engineering
Strategic Studies Center, and the Water Resources Support Center, and
for costs of implementing the Secretary of the Army's plan to reduce the
number of division offices as directed in title I, Public Law 104-46,
$149,000,000, to remain available until expended: Provided, That no part
of any other appropriation provided in title I of this Act shall be
available to fund the activities of the Office of the Chief of Engineers
or the executive direction and management activities of the Division
Offices: <<NOTE: Plan.>> Provided further, That with funds provided
herein and notwithstanding any other provision of law, the Secretary of
the Army shall develop and submit to the Congress (including the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives) within 60 days of enactment of this Act, a plan which
reduces the number of division offices within the United States Army
Corps of Engineers to no less than 6 and no more than 8, with each
division responsible for at least 4 district offices, but does not close
or change any civil function of any district office: Provided further,
That notwithstanding any other provision of law, the Secretary of the
Army is directed to begin implementing the division office plan on April
1, 1997: Provided further, That up to $1,500,000 may be transferred to
this account from any other appropriation account in this title.
administrative provision
Appropriations in this title shall be available for official
reception and representation expenses (not to exceed $5,000); and during
the current fiscal year the revolving fund, Corps of Engineers, shall be
available for purchase (not to exceed 100 for replacement only) and hire
of passenger motor vehicles.
GENERAL PROVISIONS
Corps of Engineers--Civil
Sec. 101. <<NOTE: Contracts.>> (a) In fiscal year 1997, the
Secretary of the Army shall advertise for competitive bid at least
8,500,000 cubic yards of the hopper dredge volume accomplished with
government owned dredges in fiscal year 1992.
(b) Notwithstanding the provisions of this section, the Secretary is
authorized to use the dredge fleet of the Corps of Engineers to
undertake projects when industry does not perform as required by the
contract specifications or when the bids are more than 25 percent in
excess of what the Secretary determines to be a fair and reasonable
estimated cost of a well equipped contractor doing the work or to
respond to emergency requirements.
Sec. 102. None of the funds appropriated herein or otherwise made
available to the Army Corps of Engineers, including amounts contained in
the Revolving Fund of the Army Corps of Engineers, may be used to study,
design or undertake improvements or major repair of the Federal vessel,
McFARLAND, except for normal maintenance and repair necessary to
maintain the vessel McFARLAND's current operational condition.
Sec. 103. The flood control project for Moorefield, West Virginia,
authorized by section 101(a)(25) of the Water Resources Development Act
of 1990 (Public Law 101-640, 104 Stat. 4610) is modified to authorize
the Secretary of the Army to construct the project at a total cost of
$26,200,000, with an estimated first Federal cost of $20,300,000 and an
estimated first non-Federal cost of $5,900,000.
Sec. 104. The project for navigation, Grays Landing Lock and Dam,
Monongahela River, Pennsylvania (Lock and Dam 7
Replacement), authorized by section 301(a) of the Water Resources
Development Act of 1986 (Public Law 99-662, 100 Stat. 4110) is modified
to authorize the Secretary of the Army to construct the project at a
total cost of $181,000,000, with an estimated first Federal cost of
$181,000,000.
Sec. 105. <<NOTE: Effective date.>> From the date of enactment of
this Act, non-structural flood control measures implemented under
section 202(a) of Public Law 96-367 shall prevent future losses that
would occur from a flood equal in magnitude to the April 1977 level by
providing protection from the April 1977 level or the 100-year frequency
event, whichever is greater.
Sec. 106. Notwithstanding any other provision of law, the Secretary
of the Army, acting through the Chief of Engineers, is authorized to
reprogram, obligate and expend such additional sums as are necessary to
continue construction and cover anticipated contract earnings of any
water resources project that received an appropriation or allowance for
construction in or through an appropriations Act or resolution of the
then-current fiscal year or the two fiscal years immediately prior to
that fiscal year, in order to prevent the termination of a contract or
the delay of scheduled work.
Sec. 107. The Corps of Engineers is hereby directed to complete the
Charleston Riverfront (Haddad) Park Project, West Virginia, as described
in the design memorandum approved November, 1992, on a 50-50 cost-share
basis with the City. The Corps of Engineers shall pay one-half of all
costs for settling contractor claims on the completed project and for
completing the wharf. The Federal portion of these costs shall be
obtained by reprogramming available Operations & Maintenance funds. The
project cost limitation in the Project Cooperation Agreement shall be
increased to reflect the actual costs of the completed project.
Sec. 108. The flood control project for Arkansas City, Kansas
authorized by section 401(a) of the Water Resources Development Act of
1986 (Public Law 99-662, 100 Stat. 4116) is modified to authorize the
Secretary of the Army to construct the project at a total cost of
$38,500,000, with an estimated first Federal cost of $28,100,000 and an
estimated first non-Federal cost of $10,400,000.
Sec. 109. Funds previously provided under the Fiscal Year 1993
Energy and Water Development Appropriations Act, Public Law 102-377, for
the Elk Creek Dam, Oregon project, are hereby made available to plan and
implement long-term management measures at Elk Creek Dam to maintain the
project in an uncompleted state and to take necessary steps to provide
passive fish passage through the project.
Sec. 110. The Secretary of the Army is authorized and directed to
modify the project for the Hudson River, New York, New York City to
Waterford, authorized by the Act of June 25, 1910 (Public Law 264, 61st
Congress, 36 Stat. 635), to include design and construction of a 300-
foot wide channel to a depth of 24 feet (mean low water), extending from
the existing Federal channel in the vicinity of the Hudson City Light to
the north dock at Union Street, Athens, New York.
Sec. 111. Section 109(a) of Public Law 104-46 (109 Stat. 408) with
regard to Prestonsburg, Kentucky, is amended by striking ``Modification
No. 2'' and inserting ``Modification No. 3''.
Sec. 112. The emergency gate construction project for Abiquiu Dam,
New Mexico, authorized by section 1112 of the Water Resources
Development Act of 1986 (Public Law 99-662, 100 Stat. 4232) is modified
to authorize the Secretary of the Army, acting through the Chief of
Engineers, to construct the project at an estimated total cost of
$7,000,000. The non-Federal share of the project shall be 25 percent of
those costs of the project attributable to an increase in flood
protection as a result of the installation of such gates.
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For the purpose of carrying out provisions of the Central Utah
Project Completion Act, Public Law 102-575 (106 Stat. 4605), and for
feasibility studies of alternatives to the Uintah and Upalco Units,
$42,527,000, to remain available until expended, of which $16,700,000
shall be deposited into the Utah Reclamation Mitigation and Conservation
Account: Provided, That of the amounts deposited into the Account,
$5,000,000 shall be considered the Federal contribution authorized by
paragraph 402(b)(2) of the Act and $11,700,000 shall be available to the
Utah Reclamation Mitigation and Conservation Commission to carry out
activities authorized under the Act.
In addition, for necessary expenses incurred in carrying out
responsibilities of the Secretary of the Interior under the Act,
$1,100,000, to remain available until expended.
Bureau of Reclamation
For carrying out the functions of the Bureau of Reclamation as
provided in the Federal reclamation laws (Act of June 17, 1902, 32 Stat.
388, and Acts amendatory thereof or supplementary thereto) and other
Acts applicable to that Bureau as follows:
general investigations
For engineering and economic investigations of proposed Federal
reclamation projects and studies of water conservation and development
plans and activities preliminary to the reconstruction, rehabilitation
and betterment, financial adjustment, or extension of existing projects,
$16,650,000, to remain available until expended: Provided, That of the
total appropriated, the amount for program activities which can be
financed by the reclamation fund shall be derived from that fund:
Provided further, That funds contributed by non-Federal entities for
purposes similar to this appropriation shall be available for
expenditure for the purposes for which
contributed as though specifically appropriated for said purposes, and
such amounts shall remain available until expended: Provided further,
That of the total appropriated, $250,000 shall be available to complete
the appraisal study and initiate preconstruction engineering and design
for the Del Norte County and Crescent City, California, Wastewater
Reclamation Project, and $250,000 shall be available to complete the
appraisal study and initiate preconstruction engineering and design for
the Fort Bragg,
California, Water Supply Project.
construction program
(including transfer of funds)
For construction and rehabilitation of projects and parts thereof
(including power transmission facilities for Bureau of Reclamation use)
and for other related activities as authorized by law, $394,056,000, to
remain available until expended, of which $22,410,000 shall be available
for transfer to the Upper Colorado River Basin Fund authorized by
section 5 of the Act of April 11, 1956 (43 U.S.C. 620d), and $58,740,000
shall be available for transfer to the Lower Colorado River Basin
Development Fund authorized by section 403 of the Act of September 30,
1968 (43 U.S.C. 1543), and such amounts as may be necessary shall be
considered as though advanced to the Colorado River Dam Fund for the
Boulder Canyon Project as authorized by the Act of December 21, 1928, as
amended: Provided, That of the total appropriated, the amount for
program activities which can be financed by the reclamation fund shall
be derived from that fund: Provided further, That transfers to the Upper
Colorado River Basin Fund and Lower Colorado River Basin Development
Fund may be increased or decreased by transfers within the overall
appropriation under this heading: Provided further, That funds
contributed by non-Federal entities for purposes similar to this
appropriation shall be available for expenditure for the purposes for
which contributed as though specifically appropriated for said purposes,
and such funds shall remain available until expended: Provided further,
That all costs of the safety of dams modification work at Coolidge Dam,
San Carlos Irrigation Project, Arizona, performed under the authority of
the Reclamation Safety of Dams Act of 1978 (43 U.S.C. 506), as amended,
are in addition to the amount authorized in section 5 of said Act:
Provided further, That section 301 of Public Law 102-250, Reclamation
States <<NOTE: 43 USC 2241.>> Emergency Drought Relief Act of 1991, is
amended by inserting ``1996, and 1997'' in lieu of ``and 1996'':
Provided further, That the amount authorized by section 210 of Public
Law 100-557 (102 Stat. 2791), is amended to $56,362,000 (October 1996
prices plus or minus cost indexing), and funds are authorized to be
appropriated through the twelfth fiscal year after construction funds
are first made available: Provided further, That utilizing funds
appropriated for the Tucson Aqueduct System Reliability Investigation,
the Bureau of Reclamation is directed to complete, by the end of fiscal
year 1997, the environmental impact statement being conducted on the
proposed surface reservoir. The Bureau of Reclamation is further
directed to work with the City of Tucson on any outstanding issues
related to the preferred alternative.
operation and maintenance
For operation and maintenance of reclamation projects or parts
thereof and other facilities, as authorized by law; and for a soil and
moisture conservation program on lands under the jurisdiction of the
Bureau of Reclamation, pursuant to law, $267,876,000, to remain
available until expended: Provided, That of the total appropriated, the
amount for program activities which can be financed by the reclamation
fund shall be derived from that fund, and the amount for program
activities which can be derived from the special fee account established
pursuant to the Act of December 22, 1987 (16 U.S.C. 460l-6a, as
amended), may be derived from that fund: Provided further, That funds
advanced by water users for operation and maintenance of reclamation
projects or parts thereof shall be deposited to the credit of this
appropriation and may be expended for the same purpose and in the same
manner as sums appropriated herein may be expended, and such advances
shall remain available until expended: Provided further, That revenues
in the Upper Colorado River Basin Fund shall be available for performing
examination of existing structures on participating projects of the
Colorado River Storage Project.
bureau of reclamation loan program account
For the cost of direct loans and/or grants, $12,290,000, to remain
available until expended, as authorized by the Small Reclamation
Projects Act of August 6, 1956, as amended (43 U.S.C. 422a-422l):
Provided, That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That these funds are available to subsidize
gross obligations for the principal amount of direct loans not to exceed
$37,000,000.
In addition, for administrative expenses necessary to carry out the
program for direct loans and/or grants, $425,000: Provided, That of the
total sums appropriated, the amount of program activities which can be
financed by the reclamation fund shall be derived from the fund.
central valley project restoration fund
For carrying out the programs, projects, plans, and habitat
restoration, improvement, and acquisition provisions of the Central
Valley Project Improvement Act, such sums as may be collected in the
Central Valley Project Restoration Fund pursuant to sections 3407(d),
3404(c)(3), 3405(f), and 3406(c)(1) of Public Law 102-575, to remain
available until expended: Provided, That the Bureau of Reclamation is
directed to levy additional mitigation and restoration payments totaling
$30,000,000 (October 1992 price levels) on a three-year rolling average
basis, as authorized by section 3407(d) of Public Law 102-575.
general administrative expenses
For necessary expenses of general administration and related
functions in the office of the Commissioner, the Denver office, and
offices in the five regions of the Bureau of Reclamation, to remain
available until expended, $46,000,000, to be derived from the
reclamation fund and to be nonreimbursable pursuant to the Act of April
19, 1945 (43 U.S.C. 377): Provided, That no part of any other
appropriation in this Act shall be available for activities or functions
budgeted for the current fiscal year as general administrative expenses.
special funds
(transfer of funds)
Sums herein referred to as being derived from the reclamation fund
or special fee account are appropriated from the special funds in the
Treasury created by the Act of June 17, 1902 (43 U.S.C. 391) or the Act
of December 22, 1987 (16 U.S.C. 460l-6a, as amended), respectively. Such
sums shall be transferred, upon request of the Secretary, to be merged
with and expended under the heads herein specified.
administrative provision
Appropriations for the Bureau of Reclamation shall be available for
purchase of not to exceed 6 passenger motor vehicles for replacement
only.
TITLE III
DEPARTMENT OF ENERGY
Energy Programs
energy supply, research and development activities
For expenses of the Department of Energy activities including the
purchase, construction and acquisition of plant and capital equipment
and other expenses necessary for energy supply, research and development
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101, et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion; purchase of passenger
motor vehicles (not to exceed 24 for replacement only), $2,710,908,000,
to remain available until expended.
uranium supply and enrichment activities
For expenses of the Department of Energy in connection with
operating expenses; the purchase, construction, and acquisition of plant
and capital equipment and other expenses necessary for uranium supply
and enrichment activities in carrying out the purposes of the Department
of Energy Organization Act (42 U.S.C. 7101, et seq.) and the Energy
Policy Act (Public Law 102-486, section 901), including the acquisition
or condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion; purchase of
electricity as necessary; and the purchase of passenger motor vehicles
(not to exceed 3 for replacement only); $43,200,000, to remain available
until expended: Provided, That revenues received by the Department for
uranium programs and estimated to total $42,200,000 in fiscal year 1997
shall be retained and used for the specific purpose of offsetting costs
incurred by the Department for such activities notwithstanding the
provisions of 31 U.S.C. 3302(b) and 42 U.S.C. 2296(b)(2): Provided
further, That the sum herein appropriated shall be reduced as revenues
are received during fiscal year 1997 so as to result in a final fiscal
year 1997 appropriation from the General Fund estimated at not more than
$1,000,000.
<<NOTE: Kentucky. Ohio. Guidelines.>> Section 161k. of the Atomic
Energy Act of 1954 (42 U.S.C. 2201k) with respect to the Paducah Gaseous
Diffusion Plant, Kentucky, and the Portsmouth Gaseous Diffusion Plant,
Ohio, the guidelines shall require, at a minimum, the presence of an
adequate number of security guards carrying side arms at all times to
ensure maintenance of security at the gaseous diffusion plants.
Section 311(b) of the USEC Privatization Act (Public Law 104-134,
title III, chapter 1, subchapter A) <<NOTE: Ante, p. 1321-340.>> insert
the following:
``(3) The Corporation shall pay to the Thrift Savings Fund
such employee and agency contributions as are required or
authorized by sections 8432 and 8351 of title 5, United States
Code, for employees who elect to retain their coverage under
CSRS or FERS pursuant to paragraph (1).''.
uranium enrichment decontamination and decommissioning fund
For necessary expenses in carrying out uranium enrichment facility
decontamination and decommissioning, remedial actions and other
activities of title II of the Atomic Energy Act of 1954 and title X,
subtitle A of the Energy Policy Act of 1992, $200,200,000, to be derived
from the Fund, to remain available until expended: Provided, That
$34,000,000 of amounts derived from the Fund for such expenses shall be
available in accordance with title X, subtitle A, of the Energy Policy
Act of 1992.
general science and research activities
For expenses of the Department of Energy activities including the
purchase, construction and acquisition of plant and capital equipment
and other expenses necessary for general science and research activities
in carrying out the purposes of the Department of Energy Organization
Act (42 U.S.C. 7101, et seq.), including the acquisition or condemnation
of any real property or facility or for plant or facility acquisition,
construction, or expansion, $996,000,000, to remain available until
expended.
nuclear waste disposal fund
For nuclear waste disposal activities to carry out the purposes of
Public Law 97-425, as amended, including the acquisition of real
property or facility construction or expansion, $182,000,000, to remain
available until expended, to be derived from the Nuclear Waste Fund:
Provided, That none of the funds provided herein shall be distributed to
the State of Nevada or affected units of local government (as defined by
Public Law 97-425) by direct payment, grant, or other means, for
financial assistance under section 116 of the Nuclear Waste Policy Act
of 1982, as amended: Provided further, That the foregoing proviso shall
not apply to payments in lieu of taxes under section 116(c)(3)(A) of the
Nuclear Waste Policy Act of 1982, as amended: Provided
further, <<NOTE: Assessment. 42 USC 10134 note.>> That no later than
September 30, 1998, the Secretary shall provide to the President and to
the Congress a viability assessment of the Yucca Mountain site. The
viability assessment shall include:
(1) the preliminary design concept for the critical elements
for the repository and waste package;
(2) a total system performance assessment, based upon the
design concept and the scientific data and analysis available by
September 30, 1998, describing the probable behavior of the
repository in the Yucca Mountain geological setting relative to
the overall system performance standards;
(3) a plan and cost estimate for the remaining work required
to complete a license application; and
(4) an estimate of the costs to construct and operate the
repository in accordance with the design concept.
departmental administration
For salaries and expenses of the Department of Energy necessary for
Departmental Administration in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101, et seq.),
including the hire of passenger motor vehicles and official reception
and representation expenses (not to exceed $35,000), $215,021,000, to
remain available until expended, plus such additional amounts as
necessary to cover increases in the estimated amount of cost of work for
others notwithstanding the provisions of the Anti-Deficiency Act (31
U.S.C. 1511, et seq.): Provided, That such increases in cost of work are
offset by revenue increases of the same or greater amount, to remain
available until expended: Provided further, That moneys received by the
Department for miscellaneous revenues estimated to total $125,388,000 in
fiscal year 1997 may be retained and used for operating expenses within
this account, and may remain available until expended, as authorized by
section 201 of Public Law 95-238, notwithstanding the provisions of 31
U.S.C. 3302: Provided further, That the sum herein appropriated shall be
reduced by the amount of miscellaneous revenues received during fiscal
year 1997 so as to result in a final fiscal year 1997 appropriation from
the General Fund estimated at not more than $89,633,000.
office of the inspector general
For necessary expenses of the Office of the Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $23,853,000, to remain available until expended.
atomic energy defense activities
weapons activities
For Department of Energy expenses, including the purchase,
construction and acquisition of plant and capital equipment and other
expenses necessary for atomic energy defense weapons activities in
carrying out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101, et seq.), including the acquisition or condemnation of
any real property or any facility or for plant or facility acquisition,
construction, or expansion; and the purchase of passenger motor vehicles
(not to exceed 94 for replacement only), $3,911,198,000, to remain
available until expended.
defense environmental restoration and waste management
For Department of Energy expenses, including the purchase,
construction and acquisition of plant and capital equipment and other
expenses necessary for atomic energy defense environmental restoration
and waste management activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101, et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion; and the purchase of passenger motor vehicles (not to exceed
20, of which 19 are for replacement only), $5,459,304,000, to remain
available until expended and, in addition, $160,000,000 for
privatization initiatives, to remain available until expended.
other defense activities
For Department of Energy expenses, including the purchase,
construction and acquisition of plant and capital equipment and other
expenses necessary for atomic energy defense, other defense activities,
in carrying out the purposes of the Department of Energy Organization
Act (42 U.S.C. 7101, et seq.), including the acquisition or condemnation
of any real property or any facility or for plant or facility
acquisition, construction, or expansion, and the purchase of passenger
motor vehicles (not to exceed 2 for replacement only), $1,605,733,000,
to remain available until expended.
defense nuclear waste disposal
For nuclear waste disposal activities to carry out the purposes of
Public Law 97-425, as amended, including the acquisition of real
property or facility construction or expansion, $200,000,000, to remain
available until expended.
Power Marketing Administrations
operation and maintenance, alaska power administration
For necessary expenses of operation and maintenance of projects in
Alaska and of marketing electric power and energy, $4,000,000, to remain
available until expended.
bonneville power administration fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for official
reception and representation expenses in an amount not to exceed $3,000.
During fiscal year 1997, no new direct loan obligations may be made.
operation and maintenance, southeastern power administration
For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and energy
pursuant to the provisions of section 5 of the Flood Control Act of 1944
(16 U.S.C. 825s), as applied to the southeastern power area,
$16,359,000, to remain available until expended.
operation and maintenance, southwestern power administration
For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and energy, and
for construction and acquisition of transmission lines, substations and
appurtenant facilities, and for administrative expenses, including
official reception and representation expenses in an amount not to
exceed $1,500 in carrying out the provisions of section 5 of the Flood
Control Act of 1944 (16 U.S.C. 825s), as applied to the southwestern
power area, $25,210,000, to remain available until expended; in
addition, notwithstanding the provisions of 31 U.S.C. 3302, not to
exceed $3,787,000 in reimbursements, to remain available until expended.
construction, rehabilitation, operation and maintenance, western area
power administration
(including transfer of funds)
For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7101, et seq.), and
other related activities including conservation and renewable resources
programs as authorized, including official reception and representation
expenses in an amount not to exceed $1,500, $193,582,000, to remain
available until expended, of which $185,687,000 shall be derived from
the Department of the Interior Reclamation Fund: Provided, That of the
amount herein appropriated, $5,432,000 is for deposit into the Utah
Reclamation Mitigation and Conservation Account pursuant to title IV of
the Reclamation Projects Authorization and Adjustment Act of 1992:
Provided further, That the Secretary of the Treasury is authorized to
transfer from the Colorado River Dam Fund to the Western Area Power
Administration $3,774,000 to carry out the power marketing and
transmission activities of the Boulder Canyon project as provided in
section 104(a)(4) of the Hoover Power Plant Act of 1984, to remain
available until expended.
falcon and amistad operating and maintenance fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams, $970,000, to
remain available until expended, and to be derived from the Falcon and
Amistad Operating and Maintenance Fund of the Western Area Power
Administration, as provided in section 423 of the Foreign Relations
Authorization Act, fiscal years 1994 and 1995.
Federal Energy Regulatory Commission
salaries and expenses
For necessary expenses of the Federal Energy Regulatory Commission
to carry out the provisions of the Department of Energy Organization Act
(42 U.S.C. 7101, et seq.), including services as authorized by 5 U.S.C.
3109, the hire of passenger motor vehicles, and official reception and
representation expenses (not to exceed $3,000), $146,290,000, to remain
available until expended: Provided, That not <<NOTE: 42 USC 7171
note.>> withstanding any other provision of law, not to exceed
$146,290,000 of revenues from fees and annual charges, and other
services and collections in fiscal year 1997 shall be retained and used
for necessary expenses in this account, and shall remain available until
expended: Provided further, That the sum herein appropriated shall be
reduced as revenues are received during fiscal year 1997 so as to result
in a final fiscal year 1997 appropriation from the General Fund
estimated at not more than $0.
General Provisions
priority placement, job placement, retraining, and counseling programs
for united states department of energy
employees affected by a reduction in force
Sec. 301. <<NOTE: 42 USC 7237.>> (a) Definitions.--
(1) For the purposes of this section, the term ``agency''
means the United States Department of Energy.
(2) For the purposes of this section, the term ``eligible
employee'' means any employee of the agency who--
(A) is scheduled to be separated from service due to
a reduction in force under--
(i) regulations prescribed under section 3502
of title 5, United States Code; or
(ii) procedures established under section 3595
of title 5, United States Code; or
(B) is separated from service due to such a
reduction in force, but does not include--
(i) an employee separated from service for
cause on charges of misconduct or delinquency; or
(ii) an employee who, at the time of
separation, meets the age and service requirements
for an immediate annuity under subchapter III of
chapter 83 or chapter 84 of title 5, United States
Code.
(b) <<NOTE: Establishment.>> Priority Placement and Retraining
Program.--Not later than 30 days after the date of the enactment of this
Act, the United States Department of Energy shall establish an agency-
wide priority placement and retraining program for eligible employees.
(c) The priority placement program established under subsection (b)
shall include provisions under which a vacant position shall not be
filled by the appointment or transfer of any individual from outside of
the agency if--
(1) there is then available any eligible employee who
applies for the position within 30 days of the agency issuing a
job announcement and is qualified (or can be trained or
retrained to become qualified within 90 days of assuming the
position) for the position; and
(2) the position is within the same commuting area as the
eligible employee's last-held position or residence.
(d) Job Placement and Counseling Services.--The head of the agency
may establish a program to provide job placement and counseling services
to eligible employees. A program established under subsection (d) may
include, but is not limited to, such services as--
(1) career and personal counseling;
(2) training and job search skills; and
(3) job placement assistance, including assistance provided
through cooperative arrangements with State and local employment
services offices.
Sec. 302. <<NOTE: 42 USC 7252 note.>> None of the funds
appropriated by this or any other Act may be used to implement section
3140 of H.R. 3230 as reported by the Committee of Conference on July 30,
1996. <<NOTE: Plan.>> The Secretary of Energy shall develop a plan to
reorganize the field activities and management of the national security
functions of the Department of Energy and shall submit such plan to the
Congress not later than 120 days after the date of enactment of this
Act. The plan will specifically identify all significant functions
performed by the Department's national security operations and area
offices and make recommendations as to where those functions should be
performed.
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
<<NOTE: 42 USC app. 401 note.>> For expenses necessary to carry out
the programs authorized by the Appalachian Regional Development Act of
1965, as amended, notwithstanding section 405 of said Act, and for
necessary expenses for the Federal Co-Chairman and the alternate on the
Appalachian Regional Commission and for payment of the Federal share of
the administrative expenses of the Commission, including services as
authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles,
$160,000,000, to remain available until expended.
Defense Nuclear Facilities Safety Board
salaries and expenses
For necessary expenses of the Defense Nuclear Facilities Safety
Board in carrying out activities authorized by the Atomic Energy Act of
1954, as amended by Public Law 100-456, section 1441, $16,000,000, to
remain available until expended.
Nuclear Regulatory Commission
salaries and expenses
(including transfer of funds)
For necessary expenses of the Commission in carrying out the
purposes of the Energy Reorganization Act of 1974, as amended, and the
Atomic Energy Act of 1954, as amended, including the employment of
aliens; services authorized by 5 U.S.C. 3109; publication and
dissemination of atomic information; purchase, repair, and cleaning of
uniforms; official representation expenses (not to exceed $20,000);
reimbursements to the General Services Administration for security guard
services; hire of passenger motor vehicles and aircraft, $471,800,000,
to remain available until expended: Provided, That of the amount
appropriated herein, $11,000,000 shall be derived from the Nuclear Waste
Fund: Provided further, That from this appropriation, transfer of sums
may be made to other agencies of the Government for the performance of
the work for which this appropriation is made, and in such cases the
sums so transferred may be merged with the appropriation to which
transferred: Provided further, That moneys received by the Commission
for the cooperative nuclear safety research program, services rendered
to foreign governments and international organizations, and the material
and information access authorization programs, including criminal
history checks under section 149 of the Atomic Energy Act may be
retained and used for salaries and expenses associated with those
activities, notwithstanding 31 U.S.C. 3302, and shall remain available
until expended: Provided further, That revenues from licensing fees,
inspection services, and other services and collections estimated at
$457,300,000 in fiscal year 1997 shall be retained and used for
necessary salaries and expenses in this account, notwithstanding 31
U.S.C. 3302, and shall remain available until expended: Provided
further, That the funds herein appropriated for regulatory reviews and
other activities pertaining to waste stored at the Hanford site,
Washington, shall be excluded from license fee revenues, notwithstanding
42 U.S.C. 2214: Provided further, That the sum herein appropriated shall
be reduced by the amount of revenues received during fiscal year 1997
from licensing fees, inspection services and other services and
collections, excluding those moneys received for the cooperative nuclear
safety research program, services rendered to foreign governments and
international organizations, and the material and information access
authorization programs, so as to result in a final fiscal year 1997
appropriation estimated at not more than $14,500,000.
Office of Inspector General
(including transfer of funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, including services authorized by 5 U.S.C. 3109, $5,000,000, to
remain available until expended; and in addition, an amount not to
exceed 5 percent of this sum may be transferred from Salaries and
Expenses, Nuclear Regulatory Commission: Provided,
<<NOTE: Notice.>> That notice of such transfers shall be given to the
Committees on Appropriations of the House and Senate: Provided further,
That from this appropriation, transfers of sums may be made to other
agencies of the Government for the performance of the work for which
this appropriation is made, and in such cases the sums so transferred
may be merged with the appropriation to which transferred: Provided
further, That revenues from licensing fees, inspection services, and
other services and collections shall be retained and used for necessary
salaries and expenses in this account, notwithstanding 31 U.S.C. 3302,
and shall remain available until expended: Provided further, That the
sum herein appropriated shall be reduced by the amount of revenues
received during fiscal year 1997 from licensing fees, inspection
services, and other services and collections, so as to result in a final
fiscal year 1997 appropriation estimated at not more than $0.
Nuclear Waste Technical Review Board
salaries and expenses
For necessary expenses of the Nuclear Waste Technical Review Board,
as authorized by Public Law 100-203, section 5051, $2,531,000, to be
derived from the Nuclear Waste Fund, and to remain available until
expended.
Tennessee Valley Authority
For the purpose of carrying out the provisions of the Tennessee
Valley Authority Act of 1933, as amended (16 U.S.C. ch. 12A), including
hire, maintenance, and operation of aircraft, and purchase and hire of
passenger motor vehicles, $106,000,000, to remain available until
expended: Provided, That of the funds provided herein, $15,000,000 shall
be made available for the Environmental Research Center in Muscle
Shoals, Alabama: Provided further, That of the funds provided herein,
$6,000,000 shall be made available for operation, maintenance,
improvement, and surveillance of Land Between the Lakes: Provided
further, That of the amount provided herein, $15,000,000 shall be
available for Economic Development activities: Provided further, That
none of the funds provided herein, shall be available for detailed
engineering and design or constructing a replacement for Chickamauga
Lock and Dam on the Tennessee River System.
TITLE V
GENERAL PROVISIONS
Sec. 501. (a) Purchase of American-Made Equipment and Products.--It
is the sense of the Congress that, to the greatest extent practicable,
all equipment and products purchased with funds made available in this
Act should be American-made.
(b) Notice Requirement.--In providing financial assistance to, or
entering into any contract with, any entity using funds made available
in this Act, the head of each Federal agency, to the greatest extent
practicable, shall provide to such entity a notice describing the
statement made in subsection (a) by the Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling Products
as Made in America.--If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to receive
any contract or subcontract made with funds made available in this Act,
pursuant to the debarment, suspension, and ineligibility procedures
described in sections 9.400 through 9.409 of title 48, Code of Federal
Regulations.
Sec. 502. 42 U.S.C. 7262 is repealed.
Sec. 503. (a) None of the funds appropriated or otherwise made
available by this Act may be used to determine the final point of
discharge for the interceptor drain for the San Luis Unit until
development by the Secretary of the Interior and the State of California
of a plan, which shall conform to the water quality standards of the
State of California as approved by the Administrator of the
Environmental Protection Agency, to minimize any detrimental effect of
the San Luis drainage waters.
(b) <<NOTE: California.>> The costs of the Kesterson Reservoir
Cleanup Program and the costs of the San Joaquin Valley Drainage Program
shall be classified by the Secretary of the Interior as reimbursable or
nonreimbursable and collected until fully repaid pursuant to the
``Cleanup Program--Alternative Repayment Plan'' and the ``SJVDP--
Alternative Repayment Plan'' described in the report entitled
``Repayment Report, Kesterson Reservoir Cleanup Program and San Joaquin
Valley Drainage Program, February 1995'', prepared by the Department of
the Interior, Bureau of Reclamation. Any future obligations of funds by
the United States relating to, or providing for, drainage service or
drainage studies for the San Luis Unit shall be fully reimbursable by
San Luis Unit beneficiaries of such service or studies pursuant to
Federal Reclamation law.
Sec. 504. None of the funds made available in this Act may be used
to revise the Missouri River Master Water Control Manual when it is made
known to the Federal entity or official to which the funds are made
available that such revision provides for an increase in the springtime
water release program during the spring heavy rainfall and snow melt
period in States that have rivers draining into the Missouri River below
the Gavins Point Dam.
Sec. 505. <<NOTE: Effective date.>> Public Law 101-514, the Energy
and Water Development Appropriations Act, 1991, <<NOTE: Ante, p. 415.>>
is amended effective September 30, 1997 or upon operation of the
temperature control device, by striking the proviso under the heading
``Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration''.
Sec. 506. <<NOTE: Contracts. Kansas. Nebraska.>> The Secretary of
the Interior shall extend the water service contracts for the following
projects, entered into by the Secretary of the Interior under subsection
(e) of section 9 of the Reclamation Project Act of 1939 (43 U.S.C. 485h)
and section 9(c) of the Act of December 22, 1944 (58 Stat. 891, chapter
665), for a period of 1 additional year after the dates on which each of
the contracts, respectively, would expire but for this section:
(1) The Bostwick District (Kansas portion), Missouri River
Basin Project, consisting of the project constructed and
operated under the Act of December 22, 1944 (58 Stat. 887,
chapter 665), as a component of the Pick-Sloan Missouri Basin
Program, situated in Republic County, Jewell County, and Cloud
County, Kansas.
(2) The Bostwick District (Nebraska portion), Missouri River
Basin Project, consisting of the project constructed and
operated under the Act of December 22, 1944 (58 Stat. 887,
chapter 665), as a component of the Pick-Sloan Missouri Basin
Program, situated in Harlan County, Franklin County, Webster
County, and Nuckolls County, Nebraska.
(3) The Frenchman-Cambridge District, Missouri River Basin
Project, consisting of the project constructed and operated
under the Act of December 22, 1944 (58 Stat. 887, chapter 665),
as a component of the Pick-Sloan Missouri Basin Program,
situated in Chase County, Frontier County, Hitchcock County,
Furnas County, and Harlan County, Nebraska.
Sec. 507. Funds made available by this Act to the Department of
Energy shall be available only for the purposes for which they have been
made available by this Act. <<NOTE: Reports.>> The Department of Energy
shall report by February 28, 1997 to the Committees on Appropriations of
the House and Senate on the Department of Energy's adherence to the
recommendations included in the accompanying report.
Sec. 508. (a) Denial of Funds for Preventing ROTC Access to
Campus.--None of the funds made available in this Act may be provided by
contract or by grant (including a grant of funds to be available for
student aid) to a subelement of an institution of higher education when
it is made known to the Federal official having authority to obligate or
expend such funds that the subelement of such institution has a policy
or practice (regardless of when implemented) that prohibits, or in
effect prevents--
(1) the maintaining, establishing, or operation of a unit of
the Senior Reserve Officer Training Corps (in accordance with
section 654 of title 10, United States Code, and other
applicable Federal laws) at the subelement of such
institution; or
(2) a student at the institution (or subelement) from
enrolling in a unit of the Senior Reserve Officer Training Corps
at another institution of higher education.
(b) Exception.--The limitation established in subsection (a) shall
not apply to an institution of higher education when it is made known to
the Federal official having authority to obligate or expend such funds
that--
(1) the institution (or subelement) has ceased the policy or
practice described in such subsection; or
(2) the institution has a longstanding policy of pacifism
based on historical religious affiliation.
Sec. 509. (a) Denial of Funds for Preventing Federal Military
Recruiting on Campus.--None of the funds made available in this Act may
be provided by contract or grant (including a grant of funds to be
available for student aid) to a subelement of an institution of higher
education when it is made known to the Federal official having authority
to obligate or expend such funds that the subelement of such institution
has a policy or practice (regardless of when implemented) that
prohibits, or in effect prevents--
(1) entry to campuses, or access to students (who are 17
years of age or older) on campuses, for purposes of Federal
military recruiting; or
(2) access to the following information pertaining to
students (who are 17 years of age or older) for purposes of
Federal military recruiting: student names, addresses, telephone
listings, dates and places of birth, levels of education,
degrees received, prior military experience, and the most recent
previous educational institutions enrolled in by the students.
(b) Exception.--The limitation established in subsection (a) shall
not apply to an institution of higher education when it is made known to
the Federal official having authority to obligate or expend such funds
that--
(1) the institution (or subelement) has ceased the policy or
practice described in such subsection; or
(2) the institution has a longstanding policy of pacifism
based on historical religious affiliation.
Sec. 510. None of the funds made available in this Act may be
obligated or expended to enter into or renew a contract with an entity
when it is made known to the Federal official having authority to
obligate or expend such funds that--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in section 4212(d) of
title 38, United States Code, regarding submission of an annual
report to the Secretary of Labor concerning employment of
certain veterans; and
(2) such entity has not submitted a report as required by
that section for the most recent year for which such requirement
was applicable to such entity.
Sec. 511. <<NOTE: Voluntary separation payments. 16 USC 832m
note.>> 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. <<NOTE: Expiration date.>> This authority shall
expire September 30, 2000.
Sec. 512. Following section 4(h)(10)(C) of the Northwest Power
Planning and Conservation Act, <<NOTE: 16 USC 839b.>> insert the
following new section:
(4)(h)(10)(D) <<NOTE: Fish and wildlife.>> Independent Scientific
Review Panel.--(i) The Northwest Power Planning Council (Council) shall
appoint an Independent Scientific Review Panel (Panel), which shall be
comprised of eleven members, to review projects proposed to be funded
through that portion of the Bonneville Power Administration's (BPA)
annual fish and wildlife budget that implements the Council's fish and
wildlife program. Members shall be appointed from a list of no fewer
than 20 scientists submitted by the National Academy of Sciences
(Academy), provided that Pacific Northwest scientists with expertise in
Columbia River anadromous and non-anadromous fish and wildlife and ocean
experts shall be among those represented on the Panel. The Academy shall
provide such nominations within 90 days of the date of this enactment,
and in any case not later than December 31, 1996. If appointments are
required in subsequent years, the Council shall request nominations from
the Academy and the Academy shall provide nominations not later than 90
days after the date of this request. If the Academy does not provide
nominations within these time requirements, the Council may appoint such
members as the Council deems appropriate.
(ii) Scientific Peer Review Groups.--The Council shall establish
Scientific Peer Review Groups (Peer Review Groups), which shall be
comprised of the appropriate number of scientists, from a list submitted
by the Academy to assist the Panel in making its recommendations to the
Council for projects to be funded through BPA's annual fish and wildlife
budget, provided that Pacific Northwest scientists with expertise in
Columbia River anadromous and non-anadromous fish and wildlife and ocean
experts shall be among those represented on the Peer Review Groups. The
Academy shall provide such nominations within 90 days of the date of
this enactment, and in any case not later than December 31, 1996. If
appointments are required in subsequent years, the Council shall request
nominations from the Academy and the Academy shall provide nominations
not later than 90 days after the date of this request. If the Academy
does not provide nominations within these time requirements, the Council
may appoint such members as the Council deems appropriate.
(iii) Conflict of Interest and Compensation.--Panel and Peer Review
Group members may be compensated and shall be considered subject to the
conflict of interest standards that apply to scientists performing
comparable work for the National Academy of Sciences; provided that a
Panel or Peer Review Group members with a direct or indirect financial
interest in a project, or projects, shall recuse himself or herself from
review of, or recommendations associated with, such project or projects.
All expenses of the Panel and the Peer Review Groups shall be paid by
BPA as provided for under paragraph (vii). Neither the Panel nor the
Peer Review Groups shall be deemed advisory committees within the
meaning of the Federal Advisory Committee Act.
(iv) Project Criteria and Review.--The Peer Groups, in conjunction
with the Panel, shall review projects proposed to be funded through
BPA's annual fish and wildlife budget and make recommendations on
matters related to such projects to the Council no later than June 15 of
each year. If the recommendations are not received by the Council by
this date, the Council may proceed to make final recommendations on
project funding to BPA, relying on the best information available. The
Panel and Peer Review Groups shall review a sufficient number of
projects to adequately ensure that the list of prioritized projects
recommended is consistent with the Council's program. Project
recommendations shall be based on a determination that projects: are
based on sound science principles; benefit fish and wildlife; and have a
clearly defined objective and outcome with provisions for monitoring and
evaluation of results. The Panel, with assistance from the Peer Review
Groups, shall review, on an annual basis, the results of prior year
expenditures based upon these criteria and submit its findings to the
Council for its review.
(v) Public Review.--Upon completion of the review of projects to be
funded through BPA's annual fish and wildlife budget, the Peer Review
Groups shall submit its findings to the Panel. The Panel shall analyze
the information submitted by the Peer Review Groups and submit
recommendations on project priorities to the Council. The Council shall
make the Panel's findings available to the public and subject to public
comment.
(vi) Responsibilities of the Council.--The Council shall fully
consider the recommendations of the Panel when making its final
recommendations of projects to be funded through BPA's annual fish and
wildlife budget, and if the Council does not incorporate a
recommendation of the Panel, the Council shall explain in writing its
reasons for not accepting Panel recommendations. In making its
recommendations to BPA, the Council shall consider the impact of ocean
conditions on fish and wildlife populations and shall determine whether
the projects employ cost-effective measures to achieve program
objectives. The Council, after consideration of the recommendations of
the Panel and other appropriate entities, shall be responsible for
making the final recommendations of projects to be funded through BPA's
annual fish and wildlife budget.
(vii) Cost Limitation.--The cost of this provision shall not exceed
$2,000,000 in 1997 dollars.
(viii) Expiration.--This paragraph shall expire on September 30,
2000.
designation of jim chapman lake <<NOTE: texas.>>
Sec. 513. Cooper Lake, located on the Sulphur River near Cooper,
Texas, is named and designated as the ``Jim Chapman Lake''. Any
reference in a law, map, regulation, document, or record of the United
States to such lake shall be held to be a reference to the ``Jim Chapman
Lake''.
designation of william l. jess dam and intake
structure <<NOTE: oregon.>>
Sec. 514. The dam located at mile 158.6 on the Rogue River in
Jackson County, Oregon, and commonly known as the Lost Creek Dam Lake
Project, shall be known and designated as the ``William L. Jess Dam and
Intake Structure''. Any reference in a law, map, regulation, document,
paper, or other record of the United States to the dam referred to as
Lost Creek Dam Lake Project, shall be deemed to be a reference to the
``William L. Jess Dam and Intake Structure''.
designation of j. bennett johnston waterway <<NOTE: louisiana.>>
Sec. 515. The portion of the Red River, Louisiana, from new river
mile 0 to new river mile 235 shall be known and designated as the ``J.
Bennett Johnston Waterway''. Any reference in a law, map, regulation,
document, paper, or other record of the United States to such portion of
the Red River shall be deemed to be a reference to the ``J. Bennett
Johnston Waterway''.
This Act may be cited as the ``Energy and Water Development
Appropriations Act, 1997''.
Approved September 30, 1996.
LEGISLATIVE HISTORY--H.R. 3816 (S. 1959):
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HOUSE REPORTS: Nos. 104-679 (Comm. on Appropriations) and 104-782 (Comm.
of Conference).
SENATE REPORTS: No. 104-320 accompanying S. 1959 (Comm. on
Appropriations).
CONGRESSIONAL RECORD, Vol. 142 (1996):
July 24, 25, considered and passed House.
July 26, 29, 30, considered and passed Senate, amended, in
lieu of S. 1959.
Sept. 12, House agreed to conference report.
Sept. 17, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996):
Sept. 30, Presidential statement.
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