[Congressional Bills 104th Congress]
[From the U.S. Government Printing Office]
[H.R. 3816 Enrolled Bill (ENR)]
H.R.3816
One Hundred Fourth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, one thousand nine hundred and ninety-six
An Act
Making appropriations for energy and water development for the fiscal
year ending September 30, 1997, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 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, That any law, regulation, documents
or record of the United States in which such projects are referred
to shall be held to refer to the bike trail as the Neal Smith Bike
Trail and to such centers as the Neal Smith Prairie Wildlife
Learning Center: Provided further, That the Secretary is directed
to initiate construction on the Joseph G. Minish Historic
Waterfront Park, New Jersey, project; furthermore, the Secretary
may transfer not to exceed $900,000 from General Investigations
appropriations made in title I of the Energy and Water Development
Appropriations Act, Public Law 103-126 (107 Stat. 1313) for the
Passaic River, Mainstem, New Jersey, to Construction, General for
the Joseph G. Minish Historic Waterfront Park, New Jersey, project
and that the Committees on Appropriations of the House and Senate
shall be promptly advised of such transfer: Provided further, That
of the funds provided herein, $1,000,000 shall be for payment to
the Kansas City Southern Industries, Inc., in partial reimbursement
of costs associated with the relocation and modification of the
Louisiana and Arkansas (L&A) Railway Bridge at Alexandria,
Louisiana, for navigation requirements of the Red River navigation
project: Provided further, That using $500,000 of the funds
appropriated for the Passaic River Mainstem, New Jersey, project
under the heading ``General Investigations'' in Public Law 103-126,
the Secretary of the Army, acting through the Chief of Engineers,
is directed to begin implementation of the Passaic River
Preservation of Natural Storage Areas separable element of the
Passaic River Flood Reduction Project, New Jersey: Provided
further, That the Secretary of the Army, acting through the Chief
of Engineers, is authorized and directed to initiate construction
on the following projects in the amounts specified:
Humboldt Harbor, California, $2,500,000;
San Lorenzo River, California, $200,000;
Faulkner's Island, Connecticut, $1,500,000;
Chicago Shoreline, Illinois, $8,000,000;
Pond Creek, Jefferson City, Kentucky, $1,500,000;
Natchez Bluff, Mississippi, $4,500,000;
Wood River, Grand Isle, Nebraska, $1,000,000;
New York City Watershed, New York, $1,000,000;
Duck Creek, Cincinnati, Ohio, $466,000;
Saw Mill Run, Pittsburgh, Pennsylvania, $500,000;
West Virginia and Pennsylvania Flooding, West Virginia and
Pennsylvania, $1,000,000;
Upper Jordan River, Utah, $500,000;
San Juan Harbor, Puerto Rico, $800,000; and
Allendale Dam, Rhode Island, $195,000: Provided further, That
no fully allocated funding policy shall apply to construction of
the projects listed above, and the Secretary of the Army is
directed to undertake these projects using continuing contracts
where sufficient funds to complete the projects are not available
from funds provided herein or in prior years.
Flood Control, Mississippi River and Tributaries, Arkansas, Illinois,
Kentucky, Louisiana, Mississippi, Missouri, and Tennessee
For expenses necessary for prosecuting work of flood control, and
rescue work, repair, restoration, or maintenance of flood control
projects threatened or destroyed by flood, as authorized by law (33
U.S.C. 702a, 702g-1), $310,374,000, to remain available until expended:
Provided, That the President of the Mississippi River Commission is
directed henceforth to use the variable cost recovery rate set forth in
OMB Circular A-126 for use of the Commission aircraft authorized by the
Flood Control Act of 1946, Public Law 526: Provided further, That
notwithstanding the funding limitations set forth in Public Law 104-6
(109 Stat. 85), the Secretary of the Army, acting through the Chief of
Engineers, is authorized and directed to use additional funds
appropriated herein or previously appropriated to complete remedial
measures to prevent slope instability at Hickman Bluff, Kentucky.
Operation and Maintenance, General
For expenses necessary for the preservation, operation,
maintenance, and care of existing river and harbor, flood control, and
related works, including such sums as may be necessary for the
maintenance of harbor channels provided by a State, municipality or
other public agency, outside of harbor lines, and serving essential
needs of general commerce and navigation; surveys and charting of
northern and northwestern lakes and connecting waters; clearing and
straightening channels; and removal of obstructions to navigation,
$1,697,015,000, to remain available until expended, of which such sums
as become available in the Harbor Maintenance Trust Fund, pursuant to
Public Law 99-662, may be derived from that fund, and of which such
sums as become available from the special account established by the
Land and Water Conservation Act of 1965, as amended (16 U.S.C. 460l),
may be derived from that fund for construction, operation, and
maintenance of outdoor recreation facilities, and of which funds are
provided for the following projects in the amounts specified:
Raystown Lake, Pennsylvania, $4,190,000; and
Cooper Lake and Channels, Texas, $2,601,000:
Provided, That using $1,000,000 of the funds appropriated herein, the
Secretary of the Army, acting through the Chief of Engineers, is
directed to design and construct a landing at Guntersville, Alabama, as
described in the Master Plan Report of the Nashville District titled
``Guntersville Landing'' dated June, 1996: Provided further, That the
Secretary of the Army is directed to design and implement at full
Federal expense an early flood warning system for the Greenbrier and
Cheat River Basins, West Virginia within eighteen months from the date
of enactment of this Act: Provided further, That the Secretary of the
Army is directed during fiscal year 1997 to maintain a minimum
conservation pool level of 475.5 at Wister Lake in Oklahoma: Provided
further, That no funds, whether appropriated, contributed, or otherwise
provided, shall be available to the United States Army Corps of
Engineers for the purpose of acquiring land in Jasper County, South
Carolina, in connection with the Savannah Harbor navigation project:
Provided further, That the Secretary of the Army is directed to use
$600,000 of funding provided herein to perform maintenance dredging of
the Cocheco River navigation project, New Hampshire.
Regulatory Program
For expenses necessary for administration of laws pertaining to
regulation of navigable waters and wetlands, $101,000,000, to remain
available until expended.
Flood Control and Coastal Emergencies
For expenses necessary for emergency flood control, hurricane, and
shore protection activities, as authorized by section 5 of the Flood
Control Act approved August 18, 1941, as amended, $10,000,000, to
remain available until expended: Provided, That the Secretary of the
Army, acting through the Chief of Engineers, is directed to use up to
$8,000,000 of the funds appropriated herein and under this heading in
Public Law 104-134 to rehabilitate non-Federal flood control levees
along the Puyallup and Carbon Rivers in Pierce County, Washington.
General Expenses
For expenses necessary for general administration and related
functions in the Office of the Chief of Engineers and offices of the
Division Engineers; activities of the Coastal Engineering Research
Board, the Humphreys Engineer Center Support Activity, the Engineering
Strategic Studies Center, and the Water Resources Support Center, and
for costs of implementing the Secretary of the Army's plan to reduce
the number of division offices as directed in title I, Public Law 104-
46, $149,000,000, to remain available until expended: Provided, That no
part of any other appropriation provided in title I of this Act shall
be available to fund the activities of the Office of the Chief of
Engineers or the executive direction and management activities of the
Division Offices: Provided further, That with funds provided herein and
notwithstanding any other provision of law, the Secretary of the Army
shall develop and submit to 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

b23284d7b28619599d1d7cc40f42dd26885a85b5844ee6d7ed9ea24f0cc5daad

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.

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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.

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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.

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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.

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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.

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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.

e4cb26b2fa69022549dd49c52caedd86d1ce55b8efb5edb159aee61f0e3fafb3

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.

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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.

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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.

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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.

f86009b98f0a51ebccae7213e4a32c33ce4a54a37db10cbff8a3eab829882112

regard to Prestonsburg, Kentucky, is amended by striking ``Modification
No. 2'' and inserting ``Modification No. 3''.

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(1) For the purposes of this section, the term ``agency'' means
the United States Department of Energy.
(2) For the purposes of this section, the term ``eligible
employee'' means any employee of the agency who--
(A) is scheduled to be separated from service due to a
reduction in force under--
(i) regulations prescribed under section 3502 of title
5, United States Code; or
(ii) procedures established under section 3595 of title
5, United States Code; or
(B) is separated from service due to such a reduction in
force, but does not include--
(i) an employee separated from service for cause on
charges of misconduct or delinquency; or
(ii) an employee who, at the time of separation, meets
the age and service requirements for an immediate annuity
under subchapter III of chapter 83 or chapter 84 of title
5, United States Code.
(b) Priority Placement and Retraining Program.--Not later than 30
days after the date of the enactment of this Act, the United States
Department of Energy shall establish an agency-wide priority placement
and retraining program for eligible employees.
(c) The priority placement program established under subsection (b)
shall include provisions under which a vacant position shall not be
filled by the appointment or transfer of any individual from outside of
the agency if--
(1) there is then available any eligible employee who applies
for the position within 30 days of the agency issuing a job
announcement and is qualified (or can be trained or retrained to
become qualified within 90 days of assuming the position) for the
position; and
(2) the position is within the same commuting area as the
eligible employee's last-held position or residence.
(d) Job Placement and Counseling Services.--The head of the agency
may establish a program to provide job placement and counseling
services to eligible employees. 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.

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may be used to implement section 3140 of H.R. 3230 as reported by the
Committee of Conference on July 30, 1996. The Secretary of Energy shall
develop a plan to reorganize the field activities and management of the
national security functions of the Department of Energy and shall
submit such plan to the Congress not later than 120 days after the date
of enactment of this Act. The plan will specifically identify all
significant functions performed by the Department's national security
operations and area offices and make recommendations as to where those
functions should be performed.
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized by the
Appalachian Regional Development Act of 1965, as amended,
notwithstanding section 405 of said Act, and for necessary expenses for
the Federal Co-Chairman and the alternate on the Appalachian Regional
Commission and for payment of the Federal share of the administrative
expenses of the Commission, including services as authorized by 5
U.S.C. 3109, and hire of passenger motor vehicles, $160,000,000, to
remain available until expended.
Defense Nuclear Facilities Safety Board
Salaries and Expenses
For necessary expenses of the Defense Nuclear Facilities Safety
Board in carrying out activities authorized by the Atomic Energy Act of
1954, as amended by Public Law 100-456, section 1441, $16,000,000, to
remain available until expended.
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, 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

67721b4a8aa438993a7cfcb38fb86926440973056b1032c5a3ed8579ab3ec75b

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.

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available by this Act may be used to determine the final point of
discharge for the interceptor drain for the San Luis Unit until
development by the Secretary of the Interior and the State of
California of a plan, which shall conform to the water quality
standards of the State of California as approved by the Administrator
of the Environmental Protection Agency, to minimize any detrimental
effect of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program and the
costs of the San Joaquin Valley Drainage Program shall be classified by
the Secretary of the Interior as reimbursable or nonreimbursable and
collected until fully repaid pursuant to the ``Cleanup Program--
Alternative Repayment Plan'' and the ``SJVDP--Alternative Repayment
Plan'' described in the report entitled ``Repayment Report, Kesterson
Reservoir Cleanup Program and San Joaquin Valley Drainage Program,
February 1995'', prepared by the Department of the Interior, Bureau of
Reclamation. Any future obligations of funds by the United States
relating to, or providing for, drainage service or drainage studies for
the San Luis Unit shall be fully reimbursable by San Luis Unit
beneficiaries of such service or studies pursuant to Federal
Reclamation law.

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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.

cbc2ad839159b9b1fb9bf6eaa2185ac4e6206534b83dce794a80f8b2b43ccd08

Appropriations Act, 1991, is amended effective September 30, 1997 or
upon operation of the temperature control device, by striking the
proviso under the heading ``Construction, Rehabilitation, Operation and
Maintenance, Western Area Power Administration''.

cd6fb3ef80aed62613b660da943510b017fd7f86702bc182939483ad652e2ea9

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.

6fc50bd99b1eab330e933bdbe9e4c58706a4ca4df5f616e1e2179b9b1db22750

Energy shall be available only for the purposes for which they have
been made available by this Act. The Department of Energy shall report
by February 28, 1997 to the Committees on Appropriations of the House
and Senate on the Department of Energy's adherence to the
recommendations included in the accompanying report.

a8f27ce7a0b0954cf6bee8b68e4ac738047a3f27e3eeae5c78c454f330486be2

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.

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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.

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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.

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separation incentives as deemed necessary which shall not exceed
$25,000. Recipients who accept employment with the United States within
five years after separation shall repay the entire amount to the
Bonneville Power Administration. This authority shall expire September
30, 2000.

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Planning and Conservation Act, insert the following new section:
(4)(h)(10)(D) Independent Scientific Review Panel.--(i) The
Northwest Power Planning Council (Council) shall appoint an Independent
Scientific Review Panel (Panel), which shall be comprised of eleven
members, to review projects proposed to be funded through that portion
of the Bonneville Power Administration's (BPA) annual fish and wildlife
budget that implements the Council's fish and wildlife program. Members
shall be appointed from a list of no fewer than 20 scientists submitted
by the National Academy of Sciences (Academy), provided that Pacific
Northwest scientists with expertise in Columbia River anadromous and
non-anadromous fish and wildlife and ocean experts shall be among those
represented on the Panel. The Academy shall provide such nominations
within 90 days of the date of this enactment, and in any case not later
than December 31, 1996. If appointments are required in subsequent
years, the Council shall request nominations from the Academy and the
Academy shall provide nominations not later than 90 days after the date
of this request. If the Academy does not provide nominations within
these time requirements, the Council may appoint such members as the
Council deems appropriate.
(ii) Scientific Peer Review Groups.--The Council shall establish
Scientific Peer Review Groups (Peer Review Groups), which shall be
comprised of the appropriate number of scientists, from a list
submitted 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

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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

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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

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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''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

f0394f55df36d2dccc0c238945fe0bc14a2d9dcf7111c70edfe19ad8c3cd113d

Appropriations bill FY97, Energy and Water Development — HR. 3816

Other Sections

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