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House Report 104-782 - MAKING APPROPRIATIONS FOR ENERGY AND WATER DEVELOPMENT FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1997, AND FOR OTHER PURPOSES

27-016

104TH CONGRESS

Report

HOUSE OF REPRESENTATIVES

2d Session

104-782
MAKING APPROPRIATIONS FOR ENERGY AND WATER DEVELOPMENT FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1997, AND FOR OTHER PURPOSES

September 12, 1996- Ordered to be printed
Mr. MYERS of Indiana, from the committee of conference, submitted the following
CONFERENCE REPORT
[To accompany H.R. 3816]

The committee of conference on the disagreeing votes of the two Houses on the amendment of the Senate to the bill (H.R. 3816) making appropriations for energy and water development for the fiscal year ending September 30, 1997, and for other purposes, having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows:

That the House recede from its disagreement to the amendment of the Senate, and agree to the same with an amendment as follows:

In lieu of the matter stricken and inserted by said amendment insert:

That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 1997, for energy and water development, and for other purposes, namely:

TITLE I

DEPARTMENT OF DEFENSE--CIVIL

DEPARTMENT OF THE ARMY

CORPS OF ENGINEERS--CIVIL

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

GENERAL INVESTIGATIONS

For expenses necessary for the collection and study of basic information pertaining to river and harbor, flood control, shore protection, and related projects, restudy of authorized projects, miscellaneous investigations, and, when authorized by laws, surveys and detailed studies and plans and specifications of projects prior to construction, $153,872,000, to remain available until expended, of which funds are provided for the following projects in the amounts specified:

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:

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:

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

SEC. 101. (a) In fiscal year 1997, the Secretary of the Army shall advertise for competitive bid at least 8,500,000 cubic yards of the hopper dredge volume accomplished with government owned dredges in fiscal year 1992.

(b) Notwithstanding the provisions of this section, the Secretary is authorized to use the dredge fleet of the Corps of Engineers to undertake projects when industry does not perform as required by the contract specifications or when the bids are more than 25 percent in excess of what the Secretary determines to be a fair and reasonable estimated cost of a well equipped contractor doing the work or to respond to emergency requirements.

SEC. 102. None of the funds appropriated herein or otherwise made available to the Army Corps of Engineers, including amounts contained in the Revolving Fund of the Army Corps of Engineers, may be used to study, design or undertake improvements or major repair of the Federal vessel, McFARLAND, except for normal maintenance and repair necessary to maintain the vessel McFARLAND's current operational condition.

SEC. 103. The flood control project for Moorefield, West Virginia, authorized by section 101(a)(25) of the Water Resources Development Act of 1990 (Public Law 101-640, 104 Stat. 4610) is modified to authorize the Secretary of the Army to construct the project at a total cost of $26,200,000, with an estimated first Federal cost of $20,300,000 and an estimated first non-Federal cost of $5,900,000.

SEC. 104. The project for navigation, Grays Landing Lock and Dam, Monongahela River, Pennsylvania (Lock and Dam 7 Replacement), authorized by section 301(a) of the Water Resources Development Act of 1986 (Public Law 99-662, 100 Stat. 4410) is modified to authorize the Secretary of the Army to construct the project at a total cost of $181,000,000, with an estimated first Federal cost of $181,000,000.

SEC. 105. From the date of enactment of this Act, non-structural flood control measures implemented under Section 202(a) of Public Law 96-367 shall prevent future losses that would occur from a flood equal in magnitude to the April 1977 level by providing protection from the April 1977 level or the 100-year frequency event, whichever is greater.

SEC. 106. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE SECRETARY OF THE ARMY, ACTING THROUGH THE CHIEF OF ENGINEERS, IS AUTHORIZED TO REPROGRAM, OBLIGATE AND EXPEND SUCH ADDITIONAL SUMS AS ARE NECESSARY TO CONTINUE CONSTRUCTION AND COVER ANTICIPATED CONTRACT EARNINGS OF ANY WATER RESOURCES PROJECT THAT RECEIVED AN APPROPRIATION OR ALLOWANCE FOR CONSTRUCTION IN OR THROUGH AN APPROPRIATIONS ACT OR RESOLUTION OF THE THEN-CURRENT FISCAL YEAR OR THE TWO FISCAL YEARS IMMEDIATELY PRIOR TO THAT FISCAL YEAR, IN ORDER TO PREVENT THE TERMINATION OF A CONTRACT OR THE DELAY OF SCHEDULED WORK.

SEC. 107. THE CORPS OF ENGINEERS IS HEREBY DIRECTED TO COMPLETE THE CHARLESTON RIVERFRONT (HADDAD) PARK PROJECT, WEST VIRGINIA, AS DESCRIBED IN THE DESIGN MEMORANDUM APPROVED NOVEMBER, 1992, ON A 50-50 COST-SHARE BASIS WITH THE CITY. THE CORPS OF ENGINEERS SHALL PAY ONE-HALF OF ALL COSTS FOR SETTLING CONTRACTOR CLAIMS ON THE COMPLETED PROJECT AND FOR COMPLETING THE WHARF. THE FEDERAL PORTION OF THESE COSTS SHALL BE OBTAINED BY REPROGRAMMING AVAILABLE OPERATIONS MAINTENANCE FUNDS. THE PROJECT COST LIMITATION IN THE PROJECT COOPERATION AGREEMENT SHALL BE INCREASED TO REFLECT THE ACTUAL COSTS OF THE COMPLETED PROJECT.

SEC. 108. THE FLOOD CONTROL PROJECT FOR ARKANSAS CITY, KANSAS AUTHORIZED BY SECTION 401(A) OF THE WATER RESOURCES DEVELOPMENT ACT OF 1986 (PUBLIC LAW 99-662, 100 STAT. 4116) IS MODIFIED TO AUTHORIZE THE SECRETARY OF THE ARMY TO CONSTRUCT THE PROJECT AT A TOTAL COST OF $38,500,000, WITH AN ESTIMATED FIRST FEDERAL COST OF $28,100,000 AND AN ESTIMATED FIRST NON-FEDERAL COST OF $10,400,000.

SEC. 109. FUNDS PREVIOUSLY PROVIDED UNDER THE FISCAL YEAR 1993 ENERGY AND WATER DEVELOPMENT ACT, PUBLIC LAW 102-377, FOR THE ELK CREEK DAM, OREGON PROJECT, ARE HEREBY MADE AVAILABLE TO PLAN AND IMPLEMENT LONG TERM MANAGEMENT MEASURES AT ELK CREEK DAM TO MAINTAIN THE PROJECT IN AN UNCOMPLETED STATE AND TO TAKE NECESSARY STEPS TO PROVIDE PASSIVE FISH PASSAGE THROUGH THE PROJECT.

SEC. 110. THE SECRETARY OF THE ARMY IS AUTHORIZED AND DIRECTED TO MODIFY THE PROJECT FOR THE HUDSON RIVER, NEW YORK, NEW YORK CITY TO WATERFORD, AUTHORIZED BY THE ACT OF JUNE 25, 1910 (PUBLIC LAW 264, 61ST CONGRESS, 36 STAT. 635), TO INCLUDE DESIGN AND CONSTRUCTION OF A 300-FOOT WIDE CHANNEL TO A DEPTH OF 24 FEET (MEAN LOW WATER), EXTENDING FROM THE EXISTING FEDERAL CHANNEL IN THE VICINITY OF THE HUDSON CITY LIGHT TO THE NORTH DOCK AT UNION STREET, ATHENS, NEW YORK.

SEC. 111. SECTION 109(A) OF PUBLIC LAW 104-46 (109 STAT. 408) WITH REGARD TO PRESTONSBURG, KENTUCKY, IS AMENDED BY STRIKING `MODIFICATION NO. 2' AND INSERTING `MODIFICATION NO. 3'.

SEC. 112. THE EMERGENCY GATE CONSTRUCTION PROJECT FOR ABIQUIU DAM, NEW MEXICO, AUTHORIZED BY SECTION 1112 OF THE WATER RESOURCES DEVELOPMENT ACT OF 1986 (PUBLIC LAW 99-662, 100 STAT. 4232) IS MODIFIED TO AUTHORIZE THE SECRETARY OF THE ARMY, ACTING THROUGH THE CHIEF OF ENGINEERS, TO CONSTRUCT THE PROJECT AT AN ESTIMATED TOTAL COST OF $7,000,000. THE NON-FEDERAL SHARE OF THE PROJECT SHALL BE 25 PERCENT OF THOSE COSTS OF THE PROJECT ATTRIBUTABLE TO AN INCREASE IN FLOOD PROTECTION AS A RESULT OF THE INSTALLATION OF SUCH GATES.

TITLE II

DEPARTMENT OF THE INTERIOR

CENTRAL UTAH PROJECT

CENTRAL UTAH PROJECT COMPLETION ACCOUNT

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

In addition, for necessary expenses incurred in carrying out responsibilities of the Secretary of the Interior under the Act, $1,100,000, to remain available until expended.

BUREAU OF RECLAMATION

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

GENERAL INVESTIGATIONS

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

CONSTRUCTION PROGRAM

(INCLUDING TRANSFER OF FUNDS)

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

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

OPERATION AND MAINTENANCE

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

BUREAU OF RECLAMATION LOAN PROGRAM ACCOUNT

For the cost of direct loans and/or grants, $12,290,000, to remain available until expended, as authorized by the Small Reclamation Projects Act of August 6, 1956, as amended (43 U.S.C. 422a-422l): Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That these funds are available to subsidize gross obligations for the principal amount of direct loans not to exceed $37,000,000.

In addition, for administrative expenses necessary to carry out the program for direct loans and/or grants, $425,000: Provided, That of the total sums appropriated, the amount of program activities which can be financed by the reclamation fund shall be derived from the fund.

CENTRAL VALLEY PROJECT RESTORATION FUND

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

GENERAL ADMINISTRATIVE EXPENSES

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

SPECIAL FUNDS

(TRANSFER OF FUNDS)

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

ADMINISTRATIVE PROVISION

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

TITLE III

DEPARTMENT OF ENERGY

ENERGY PROGRAMS

ENERGY SUPPLY, RESEARCH AND DEVELOPMENT ACTIVITIES

For 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 passager motor vehicles (not to exceed 24 for replacement only), $2,710,908,000, to remain available until expended.

URANIUM SUPPLY AND ENRICHMENT ACTIVITIES

For expenses of the Department of Energy in connection with operating expenses; the purchase, construction, and acquisition of plant and capital equipment and other expenses necessary for uranium supply and enrichment activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101, et seq.) and the Energy Policy Act (Public Law 102-486, section 901), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion; purchase of electricity as necessary; and the purchase of passenger motor vehicles (not to exceed 3 for replacement only); $43,200,000, to remain available until expended: Provided, That revenues received by the Department for uranium programs and estimated to total $42,200,000 in fiscal year 1997 shall be retained and used for the specific purpose of offsetting costs incurred by the Department for such activities notwithstanding the provisions of 31 U.S.C. 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.

Section 161k. of the Atomic Energy Act of 1954 (42 U.S.C. 2201k) with respect to the Paducah Gaseous Diffusion Plant, Kentucky, and the Portsmouth Gaseous Diffusion Plant, Ohio, the guidelines shall require, at a minimum, the presence of an adequate number of security guards carrying side arms at all times to ensure maintenance of security at the gaseous diffusion plants.

Section 311(b) of the USEC Privatization Act (Public Law 104-134, title III, chapter 1, subchapter A) insert the following:

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, 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:

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 notwithstanding any other provision of law, not to exceed $146,290,000 of revenues from fees and annual charges, and other services and collections in fiscal year 1997 shall be retained and used for necessary expenses in this account, and shall remain available until expended: Provided further, That the sum herein appropriated shall be reduced as revenues are received during fiscal year 1997 so as to result in a final fiscal year 1997 appropriation from the General Fund estimated at not more than $0.

GENERAL PROVISIONS

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

(a) DEFINITIONS-

(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--

(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.

SEC. 302. None of the funds appropriated by this or any other Act may be used to implement section 3140 of H.R. 3230 as reported by the Committee of Conference on July 30, 1996. The Secretary of Energy shall develop a plan to reorganize the field activities and management of the national security functions of the Department of Energy and shall submit such plan to the Congress not later than 120 days after the date of enactment of this Act. The plan will specifically identify all significant functions performed by the Department's national security operations and area offices and make recommendations as to where those functions should be performed.

TITLE IV

INDEPENDENT AGENCIES

APPALACHIAN REGIONAL COMMISSION

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

DEFENSE NUCLEAR FACILITIES SAFETY BOARD

SALARIES AND EXPENSES

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

NUCLEAR REGULATORY COMMISSION

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

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

OFFICE OF INSPECTOR GENERAL

(INCLUDING TRANSFER OF FUNDS)

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

NUCLEAR WASTE TECHNICAL REVIEW BOARD

SALARIES AND EXPENSES

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

TENNESSEE VALLEY AUTHORITY

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

TITLE V

GENERAL PROVISIONS

SEC. 501. (a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS- It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available in this Act should be American-made.

(b) NOTICE REQUIREMENT- In providing financial assistance to, or entering into any contract with, any entity using funds made available in this Act, the head of each Federal agency, to the greatest extent practicable, shall provide to such entity a notice describing the statement made in subsection (a) by the Congress.

(c) PROHIBITION OF CONTRACTS WITH PERSONS FALSELY LABELING PRODUCTS AS MADE IN AMERICA- If it has been finally determined by a court or Federal agency that any person intentionally affixed a label bearing 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) The costs of the Kesterson Reservoir Cleanup Program and the costs of the San Joaquin Valley Drainage Program shall be classified by the Secretary of the Interior as reimbursable or nonreimbursable and collected until fully repaid pursuant to the `Cleanup Program--Alternative Repayment Plan' and the `SJVDP--Alternative Repayment Plan' described in the report entitled `repayment Report, Kesterson Reservoir Cleanup Program and San Joaquin Valley Drainage Program, February 1995', prepared by the Department of the Interior, Bureau of Reclamation. Any future obligations of funds by the United States relating to, or providing for, drainage service or drainage studies for the San Luis Unit shall be fully reimbursable by San Luis Unit beneficiaries of such service or studies pursuant to Federal Reclamation law.

SEC. 504. None of the funds made available in this Act may be used to revise the Missouri River Master Water Control Manual when it is made known to the Federal entity or official to which the funds are made available that such revision provides for an increase in the springtime water release program during the spring heavy rainfall and snow melt period in States that have rivers draining into the Missouri River below the Gavins Point Dam.

SEC. 505. Public Law 101-514, the Energy and Water Development Appropriations Act, 1991, is amended effective September 30, 1997 or upon operation of the temperature control device, by striking the proviso under the heading `Construction, Rehabilitation, Operation and Maintenance, Western Area Power Administration'.

SEC. 506. The Secretary of the Interior shall extend the water service contracts for the following projects, entered into by the Secretary of the Interior under subsection (e) of section 9 of the Reclamation Project Act of 1939 (43 U.S.C. 485h) and section 9(c) of the Act of December 22, 1944 (58 Stat. 891, chapter 665), for a period of 1 additional year after the dates on which each of the contracts, respectively, would expire but for this section.

SEC. 507. Funds made available by this Act to the Department of Energy shall be available only for the purposes for which they have been made available by this Act. The Department of Energy shall report by February 28, 1997 to the Committees on Appropriations of the House and Senate 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--

(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--

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--

(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--

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--

SEC. 511. The Administrator may offer employees voluntary separation incentives as deemed necessary which shall not exceed $25,000. Recipients who accept employment with the United States within five years after separation shall repay the entire amount to the Bonneville Power Administration. This authority shall expire September 30, 2000.

SEC. 512. Following section 4(h)(10)(C) of the Northwest Power Planning and Conservation Act, insert the following new section:

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

(ii) SCIENTIFIC PEER REVIEW GROUPS- The Council shall establish Scientific Peer Review Groups (Peer Review Groups), which shall be comprised of the appropriate number of scientists, from a list submitted 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 him or herself from review of, or recommendations associated with, such project or projects. All expenses of the Panel and the Peer Review Groups shall be paid by BPA as provided for under paragraph (vii). Neither the Panel nor the Peer Review Groups shall be deemed advisory committees within the meaning of the Federal Advisory Committee Act.

(iv) PROJECT CRITERIA AND REVIEW- The Peer Review Groups, in conjunction with the Panel, shall review projects proposed to be funded through BPA's annual fish and wildlife budget and make recommendations on matters related to such projects to the Council no later than June 15 of each year. If the recommendations are not received by the Council by this date, the Council may proceed to make final recommendations on project funding to BPA, relying on the best information available. The Panel and Peer Review Groups shall review a sufficient number of projects to adequately ensure that the list of priortizied projects recommended is consistent with the Council's program. Project recommendations shall be based on a determination that projects: are based on sound science principles; benefit fish and wildlife; and have a clearly defined objective and outcome with provisions for monitoring and evaulation of results. The Panel, with assistance from the Peer Review Groups, shall review, on an annual basis, the results of prior year expenditures based upon these criteria and submit its findings to the Council for its review.

(v) PUBLIC REVIEW- Upon completion of the review of projects to be funded through BPA's annual fish and wildlife budget, the Peer Review Groups shall submit its findings to the Panel. The Panel shall analyze the information submitted by the Peer Review Groups and submit recommendations on project priorities to the Council. The Council shall make the Panel's findings available to the public and subject to public comment.

(vi) RESPONSIBILITIES OF THE COUNCIL- The Council shall fully consider the recommendations of the Panel when making its final recommendations of projects to be funded through BPA's annual fish and wildlife budget, and if the Council does not incorporate a recommendation of the Panel, the Council shall explain in writing its reasons for not accepting Panel recommendations. In making its recommendations to BPA, the Council shall: consider the impact of ocean conditions on fish and wildlife populations; and shall determine whether the projects employ cost effective measures to achieve program objectives. The Council, after consideration of the recommendations of the Panel and other appropriate entities, shall be responsible for making the final recommendations of projects to be funded through BPA's annual fish and wildlife budget.

(vii) COST LIMITATION- The cost of this provision shall not exceed $2,000,000 in 1997 dollars.

(viii) EXPIRATION- This paragraph shall expire on September 30, 2000.

DESIGNATION OF JIM CHAPMAN LAKE

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

DESIGNATION OF WILLIAM L. JESS DAM AND INTAKE STRUCTURE

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

DESIGNATION OF J. BENNETT JOHNSTON WATERWAY

SEC. 515. The portion of the Red River, Louisiana, from new river mile 0 to new river mile 235 shall be known and designated as the `J. Bennett Johnston Waterway'. Any reference in a law, map, regulation, document, paper, or other record of the United States to such portion of the Red River shall be deemed to be a reference to the `J. Bennett Johnston Waterway'.

This Act may be cited as the `Energy and Water Development Appropriations Act, 1997'.

And the Senate agree to the same.
John T. Myers,
Harold Rogers,
Joe Knollenberg,
Frank Riggs,
Rodney P. Frelinghuysen,
Jim Bunn,
Mike Parker,
Bob Livingston,
Tom Bevill,
Vic Fazio,
Jim Chapman,
Peter J. Visclosky,

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

Managers on the Part of the Senate.

JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

The managers on the part of the House and the Senate at the conference on the disagreeing votes of the two houses on the amendment of the Senate to the bill (H.R. 3816) making appropriations for energy and water development for the fiscal year ending September 30, 1997, and for other purposes, submit the following joint statement to the House and the Senate in explanation of the effects of the action agreed upon by the managers and recommended in the accompanying conference report.

The language and allocations set forth in House Report 104-679 and Senate Report 104-320 should be complied with unless specifically addressed to the contrary in the conference report and statement of the managers. Report language included by the House which is not contradicted by the report of the Senate or the conference, and Senate report language which is not contradicted by the report of the House or the conference is approved by the committee of conference. The statement of the managers, while repeating some report language for emphasis, does not intend to negate the language referred to above unless expressly provided herein. In cases where both the House report and Senate report address a particular issue not specifically addressed in the conference report or joint statement of managers, the conferees have determined that the House and Senate reports are not inconsistent and are to be interpreted accordingly. In cases in which the House or Senate have directed the submission of a report, such report is to be submitted to both House and Senate Committees on Appropriations.

Senate amendment: The Senate deleted the entire House bill after the enacting clause and inserted the Senate bill. The conference agreement includes a revised bill.

TITLE I

DEPARTMENT OF DEFENSE--CIVIL

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

DEPARTMENT OF THE ARMY

CORPS OF ENGINEERS--CIVIL

General Investigations

The conference agreement appropriates $153,872,000 for General Investigations instead of $153,628,000 as proposed by the House and $154,557,000 as proposed by the Senate.

On July 11, 1996, the Assistant Secretary of the Army for Civil Works advised the committees of a proposal to modify current Corps of Engineers guidance governing the reconnaissance phase of the study process. Under the proposal, the scope of the reconnaissance phase would be returned to that envisioned by section 905(b) of the Water Resources Development Act of 1986, which is to develop a preliminary appraisal of the Federal interest, benefits, costs, and environmental impacts of a potential project, develop a scope of work for the feasibility study, and negotiate a feasibility study cost-sharing agreement. The goal would be to complete the reconnaissance phase within six months at a cost of approximately $100,000. After careful consideration, the conferees have decided to support this initiative and have funded all new reconnaissance studies at the $100,000 level. The conferees have been assured that this initiative is a true efficiency move aimed at returning reconnaissance efforts back to the original concept for that phase and will not transfer cost and time to the feasibility phase of the study process. The conferees are also aware that the $100,000 model may not be suitable for all projects and expect the Corps to exercise appropriate judgment in adjusting the scope of the reconnaissance effort to accommodate the needs of particularly complex issues or large geographic areas.

The conference agreement includes $500,000 for the Corps of Engineers to initiate studies of the navigation needs of several of Alaska's coastal communities. The funds will be used for the Western Harbors, Aleutians East Borough, Arctic Coast Navigation, King Cove, and Akutan Harbor reconnaissance studies. By combining these studies under a single heading the Corps of Engineers is expected to be able to accomplish the work substantially below the cost of addressing each project separately.

The conferees agree that the Corps of Engineers may include the Southampton Shoal Channel and extension in the San Francisco Bay Bar Channel, California, reconnaissance study to permit a comprehensive examination of the San Francisco-to-Stockton Ship Channel to determine the feasibility of increasing operating depths required for commerce and international trade.

The conference agreement includes $150,000 for preconstruction engineering and design of the New Harmony, Indiana, project.

The conferees have provided $10,750,000 for the Upper Mississippi River and Illinois Waterway navigation study instead of $10,500,000 as proposed by the House and $11,000,000 as proposed by the Senate. The conferees direct the Corps of Engineers to accelerate the execution of feasibility study activities in accordance with the approved project study plan in such a manner that schedule recovery will be maximized and a final report will be completed as soon as practicable.

The conference agreement includes $600,000 equally divided for the Corps of Engineers to undertake preconstruction engineering and design for the project to provide flood protection to the Green Ridge and Plot sections of the Lackawanna River, Scranton, Pennsylvania, project as proposed by the Senate. The House had proposed to fund this work under the Construction, General, account.

The conferees have provided $100,000 for a reconnaissance study of the need for channel deepening in the Port of New York and New Jersey and $100,000 to initiate a feasibility study should the reconnaissance effort demonstrate a Federal interest in the project.

The conference agreement includes $100,000 for the Corps of Engineers to initiate a reconnaissance study leading to a Master Plan of the Wing Deer Park on Boone Lake in Johnson City, Tennessee.

The conference agreement includes $100,000 for the Corps of Engineers to initiate a reconnaissance study of environmental restoration opportunities along the Upper Jordan River, Utah, that includes examining water quality, wetland habitat, and flood control as a means of restoring the watershed of the Jordan River Basin. The conferees direct the Corps to review and recommend modifications to the Jordan River Stability Study conducted by Salt Lake County.

The conference agreement includes a total of $6,280,000 for Coordination Studies With Other Agencies instead of $4,280,000 as proposed by the House and $8,040,000 as proposed by the Senate. The conferees expect the Corps to use the funds provided to accomplish the highest priority work among the various activities funded under this program. In addition, the Corps is directed to use $450,000 to continue to participate in the interagency ecosystem management task force's Pacific Northwest forest case study as described in the Senate Report. The conferees agree with the language in the House report regarding the Planning Assistance to States program.

The conferees have provided $27,000,000 for the Corps of Engineers' Research and Development program. Within the funds provided, the conferees have provided $300,000 to continue the Corps of Engineers Construction Technology Transfer project and $1,600,000 for cost-shared research and development and installation of composite pilings as describe in the Senate report. The conferees also are in agreement with the language in the House report regarding the CFIRMS project.

The conferees have included language in the bill earmarking funds for the following projects in the amounts specified: Norco Bluffs, California, $180,000; San Joaquin River Basin, Caliente Creek, California, $150,000; Tampa Harbor, Alafia Channel, Florida, $100,000; Lake George, Hobart, Indiana, $100,000; Little Calumet River Basin, Cady Marsh Ditch, Indiana, $200,000; Tahoe Basin Study, Nevada and California, $100,000; Barnegat Inlet to Little Egg Harbor Inlet, New Jersey, $300,000; Brigantine Inlet to Great Egg Harbor Inlet, New Jersey, $360,000; Great Egg Harbor Inlet to Townsends Inlet, New Jersey, $200,000; Manasquan Inlet to Barnegat Inlet, New Jersey, $250,000; Townsends Inlet to Cape May Inlet, New Jersey, $245,000; South Shore of Staten Island, New York, $200,000; Mussers Dam, Middle Creek, Snyder County, Pennsylvania, $450,000; Rhode Island South Coast, Habitat Restoration and Storm Damage Reduction, Rhode Island, $100,000; Monongahela River, West Virginia, $500,000; Monongahela River, Fairmont, West Virginia, $100,000; and Tygart River Basin, Philippi, West Virginia, $100,000.

The conference agreement deletes funds earmarked in the Senate bill for the Red River Navigation, Southwest, Arkansas, study.

The conference agreement also deletes language contained in the Senate bill earmarking funds for studies of Coastal Navigation Improvements in Alaska, the Walker River Basin in Nevada, and the Bolinas Lagoon in California. Funding for those studies has been included in the overall amount appropriated for General Investigations.

The conferees are aware of recent efforts by the Corps of Engineers to increase the use of the private sector in performing, planning, engineering and design work for Corps projects. However, the conferees believe that the Corps of Engineers needs to intensify those efforts. The conferees expect the Corps, on a programmatic basis, to achieve a goal of having the private sector perform at least 35% of planning, and 40% of engineering, design work and construction phase services for projects as defined in 40 U.S.C. 541-544. Additionally, in those instances where a district office has not achieved a contracting level of at least 25% of planning, engineering, design work and construction phase services for projects in that district, private sector contracting should be increased by 10 percentage points in fiscal year 1997 and in each subsequent fiscal year until the level of work contracted to the private sector reaches at least 25%; however, in no case shall the actual increase per year be less than 5 percentage points. It is not the conferees' intent that the Corps reduce the contracting levels in those offices that are already conducting more than 35% of planning, and 40% of engineering, design work and construction phase services with the private sector. Contracting with the private sector as set forth above shall continue to be conducted in compliance with the normal qualification based selection process found in 40 U.S.C. 541-544.

CONSTRUCTION, GENERAL

The conference agreement appropriates $1,081,942,000 for Construction, General, instead of $1,035,394,000 as proposed by the House and $1,049,306,000 as proposed by the Senate.

The conference agreement includes $2,000,000 for the Sacramento River, Glen-Colusa Irrigation District, California, project, the same as the budget request and the amount provided by the House and the Senate. This project is an integral part of the effort to develop a long-term solution to the fish passage problem at the Hamilton City pumping plant. It is the conferees' intent that the Corps of Engineers participate in, and, when necessary, provide direct support to this important Federal-state effort.

The conference agreement provides $4,000,000 for the Palm Beach County, Florida, project. Of the funds provided, $1,919,000 is for the Jupiter/Carlin segment as proposed in the budget request. The remaining funds are to be used for the Boca Raton and Ocean Ridge segments of the project.

The conference agreement includes $1,200,000 for the Corps of Engineers to reimburse the local sponsor for the Federal share of costs associated with renourishment of the Captiva Island segment of the Lee County, Florida, project.

The conferees are in agreement with the language in the House and Senate reports regarding the Missouri River Levee System project.

The conference agreement includes $17,025,000 for the Lake Pontchartrain and Vicinity (Hurricane Protection), Louisiana, project. Of the amount provided above the budget request, $4,500,000 shall be used for levee raising and landside runoff control for Jefferson Parish lakefront levees and $8,500,000 shall be used to continue construction of parallel protection along the Orleans Avenue and London Avenue outfall canals. In addition, $1,500,000 has been provided for the West Bank-East of Harvey Canal, Louisiana, project.

The conferees have provided $17,500,000 for the Southeast Louisiana, Louisiana, project. These funds are to be used to continue engineering, design, and construction of projects to provide for flood control and improvements to rainfall drainage systems in Jefferson, Orleans, and St. Tammany Parishes, Louisiana, in accordance with the following reports of the New Orleans District Engineer: Jefferson and Orleans Parishes, Louisiana, Urban Flood Control and Water Quality Management, July 1992; Tangipahoa, Techefuncte and Tickfaw Rivers, Louisiana, June 1991; St. Tammany Parish, Louisiana, June 1996; and Schneider Canal, Slidell, Louisiana, Hurricane Protection, May 1990; all of which are authorized for construction by Public Law 104-46.

The conferees have provided $250,000 for the Grand Isle and Vicinity, Louisiana, project to initiate preconstruction engineering and design on the modifications to the authorized hurricane protection project to include shoreline protection features on the north side of the island and to continue construction of breakwaters.

Within funds provided for the South Central Pennsylvania Environmental Restoration Infrastructure and Resource Protection Development Pilot Program, the conferees have provided $500,000 for the Redstone Township project.

The conference agreement provides $1,000,000 each for the Arkansas City, Kansas, and Winfield, Kansas, projects as proposed by the Senate. The conferees are aware that the Winfield project is ahead of schedule and, therefore, the two-phase approach to construction described in the Senate report is not required for that project.

The conferees recognize the need to widen the Port of Freeport, Texas, navigation channel at the intersection of the Gulf Intracoastal Waterway and the bend located in the inner harbor in order to complete the channel deepening project. The conferees are also aware that during the period of construction, approximately $16,000,000 appropriated for the project was reprogrammed by the Corps of Engineers to other projects. Therefore, the conferees would not object to the Corps of Engineers' reprogramming of available funds back to the Freeport Harbor project to complete this important work.

The conference agreement includes $32,650,000 for the section 205 program as proposed by the Senate. Using those funds, the Corps of Engineers is directed to undertake the projects described in the House and Senate reports. The conference agreement includes $3,916,000 for the Muscle Shoals, Alabama, project, $2,950,000 for the St. Peters Old Town Levee, Missouri, project, and $3,370,000 for the Cedar River at Renton, Washington, project. In addition, the conferees have learned of the harmful effects of local flooding along St. Asaph's Creek in Stanford, Kentucky, and along Hanging Fork Creek in Hustonville, Kentucky, and direct the Corps of Engineers to conduct a study to determine causes and possible remedies to this condition.

The conference agreement includes $9,500,000 for the section 14 program as proposed by the House. Using those funds, the Corps of Engineers is directed to undertake the projects described in the House and Senate reports. The conference agreement includes $395,000 for the Washington-on-the-Brazos, Texas, project as proposed by the House.

The conference agreement includes $5,800,000 for the section 103 program as proposed by the House. Using those funds, the Corps of Engineers is directed to undertake the projects described in the House and Senate reports. The amount provided for the Lummi Shore Road, Washington, project is $1,700,000 as proposed by the Senate.

The conference agreement includes $11,632,000 for the section 107 program. Using those funds, the Corps of Engineers is directed to undertake the projects described in the House and Senate reports. In addition, within available funds, $100,000 is provided to initiate a feasibility study for the Tennessee River in Bridgeport, Jackson County, Alabama.

The conferees direct the Corps of Engineers to undertake the Walker River Basin, Nevada, project under the section 208 program as described in the House report.

The conference agreement includes $17,000,000 for the section 1135 program. Using those funds, the Corps of Engineers is directed to undertake the projects described in the House and Senate reports except the Bernado Waterfowl Management Area project in New Mexico. The conferees understand that the local sponsor for that project no longer wishes to participate in the project and, therefore, funding is not needed.

The conference agreement includes a total of $41,426,000 for the Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River project. In addition to the amounts provided in the budget request, the conference agreement includes: $18,000,000 for the Harlan, Kentucky, element; $4,050,000 for the Williamsburg, Kentucky, element; $2,500,000 for the Middlesboro, Kentucky, element; $2,000,000 for the Pike County, Kentucky, element; $350,000 for the Marin County, Kentucky, element; $300,000 for the Town of Martin, Kentucky, element; $3,500,000 for the Upper Mingo County, West Virginia, element; $4,000,000 for the Lower Mingo (Kermit), West Virginia, element; $1,300,000 for the Hatfield Bottom, West Virginia, element; and $105,000 for the Lower Mingo, West Virginia, to carry out the work described in the House and Senate reports. In addition, the conference agreement deletes $1,600,000 requested by the Administration for detailed project reports.

The conferees have included language in the bill earmarking funds for the following projects in the amounts specified: Red River Emergency Bank Protection, Arkansas, $3,000,000; San Timoteo Creek, California, $7,000,000; Indianapolis Central Waterfront, Indiana, $7,000,000; Indiana Shoreline Erosion, Indiana, $2,200,000; Harlan, Kentucky, $18,000,000; Martin County, Kentucky, $350,000; Middlesboro, Kentucky, $2,500,000; Pike County, Kentucky, $2,000,000; Town of Martin, Kentucky, $300,000; Williamsburg, Kentucky, $4,050,000; Salyersville, Kentucky, $3,000,000; Lake Pontchartrain and Vicinity, Louisiana, $17,025,000; Lake Pontchartrain (Jefferson Parish) Stormwater Discharge, Louisiana, $4,750,000; Red River below Denison Dam Levee and Bank Stabilization, Louisiana, Arkansas, and Texas, $100,000; Red River Emergency Bank Protection, Louisiana, $3,400,000; Glen Foerd, Pennsylvania, $800,000; South Central Pennsylvania Environmental Restoration Infrastructure and Resource Protection Development Pilot Program, Pennsylvania, $7,000,000; Seekonk River, Rhode Island, $650,000; Wallisville Lake, Texas, $7,500,000; Richmond Filtration Plant, Virginia, $3,500,000; Virginia Beach, Virginia, $8,000,000; Hatfield Bottom, West Virginia, $1,300,000; Lower Mingo (Kermit), West Virginia, $4,000,000; Lower Mingo Tributaries Supplement, West Virginia, $105,000; and Upper Mingo County, West Virginia, $3,500,000.

The funds provided for the Red River Emergency Bank Protection project in Arkansas are to be used for construction of the Hurricane revetment. Of the funds provided for the Red River Emergency Bank Protection project in Louisiana, $3,000,000 is for design and construction of the Cat Island revetment and $400,000 is for the sediment transport study described in the Senate report.

The conference agreement includes language in the bill directing the Secretary of the Army to: use $3,000,000 of the funds provided for the Red River Waterway, Mississippi River to Shreveport, Louisiana, project to construct a regional visitor center in the vicinity of Shreveport, Louisiana; use $1,000,000 of the funds provided for the Red River Waterway, Mississippi River to Shreveport, Louisiana, project for partial reimbursement of costs associated with relocation and modification of the Louisiana and Arkansas Railway Bridge at Alexandria, Louisiana; use $1,000,000 of the funds appropriated in Public Law 104-46 for construction of the Ohio River Flood Protection, Indiana, project; provide signs to direct the public to facilities associated with the Saylorville Lake, Iowa, project and the wildlife refuge in Jasper and Marion Counties in Iowa as described in the House report; and use $500,000 of the funds appropriated in Public Law 103-126 to begin implementation of the Passaic River Preservation of Natural Storage Areas separable element of the Passaic River Flood Reduction, New Jersey, project. In addition, the conference agreement includes language directing the Secretary of the Army to initiate construction of the Joseph G. Minish Historic Waterfront Park, New Jersey, project using funds appropriated in Public Law 103-126. The bill also includes language naming the bike trail associated with the Saylorville Lake, Iowa, project as the Neal Smith Bike Trail and centers in Jasper and Marion Counties as the Neal Smith Prairie Wildlife Learning Center.

The conference agreement includes language in the bill which authorizes and directs the Secretary of the Army to initiate construction of the following projects in the amounts specified: Humboldt Harbor, California, $2,500,000; San Lorenzo River, California, $200,000; Faulkner's Island, Connecticut, $1,500,000; Chicago Shoreline, Illinois, $8,000,000; Pond Creek, Jefferson City, Kentucky, $1,500,000; Natchez Bluff, Mississippi, $4,500,000; Wood River, Grand Isle, Nebraska, $1,000,000; New York City Watershed, New York, $1,000,000; Duck Creek, Cincinnati, Ohio, $466,000; Saw Mill Run, Pennsylvania, $500,000; West Virginia and Pennsylvania Flooding, Pennsylvania and West Virginia, $1,000,000; San Juan Harbor, Puerto Rico, $800,000; Allendale Dam, Rhode Island, $195,000; and Upper Jordan River, Utah, $500,000. The funds provided for the West Virginia and Pennsylvania project are for work as described in section 583 of S. 640 as passed by the House and shall be used for the following flood control projects: Huntingdon County Orbisonia/Rock Hill Furnace, Pennsylvania, Black Log Creek ($150,000); Huntingdon County Coalmont Borough, Coal Bank Run ($75,000); Huntingdon County Carbon Township, Shoups Run ($75,000); Blair County Logan Township ($500,000); and Blair County Altoona, Pennsylvania ($200,000). The funds provided for the New York City Watershed project are for work as described in section 558 of S. 640 as passed by the House.

The conference agreement deletes funds earmarked in the House bill for the Ohio River Flood Protection, Indiana, project and deletes funds earmarked in the Senate bill for the Red River Chloride Control, Texas, project.

The conference agreement deletes language contained in the Senate bill earmarking funds for the following projects: Larsen Bay Harbor, Alaska; Ouzinkie Harbor, Alaska; Valdez Harbor, Intertidal Water Retention, Alaska; Kake Harbor, Alaska; Panama City Beaches, Florida; Boston Harbor, Massachusetts; Poplar Island, Maryland; Ouachita River Levees, Louisiana; and Mill Creek, Ohio. Funding for these projects has been provided in the overall amount appropriated for Construction, General. The conference agreement also deletes language contained in the Senate bill for the Helena and Vicinity, Arkansas, project. Funding for that project has been provided in the Mississippi River and Tributaries account.

FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES, ARKANSAS, ILLINOIS, KENTUCKY, LOUISIANA, MISSISSIPPI, MISSOURI, AND TENNESSEE

The conference agreement appropriates $310,374,000 for Flood Control, Mississippi River and Tributaries instead of $302,990,000 as proposed by the House and $312,513,000 as proposed by the Senate.

The conference agreement includes an additional $2,860,000 for work to bring Mississippi River levees up to grade. Using those funds, the Corps of Engineers is directed to undertake additional work in Louisiana and Mississippi as described in the House and Senate reports.

The conference agreement includes an additional $3,000,000 for the Corps of Engineers to undertake additional work on the Big Sunflower River in Yazoo Basin in Mississippi, including Black Bayou Item 2, Black Bayou Item 3, and the purchase of mitigation lands.

The conferees are aware of a sedimentation problem in Union County, Mississippi, resulting from recurring flooding of the Little Tallahatchie River in the vicinity of New Albany, Mississippi. The Corps of Engineers shall provide the Committee on Appropriations with a report, not later than April 1, 1997, which provides details on: a) the nature of the problem; b) options to solve the flooding problem, along with a time line and associated costs for each option; and c) statutory authority for the Corps of Engineers to do the work necessary to resolve the problem.

The conferees direct the Army Corps of Engineers to submit a report to the Congress, by January 31, 1997, on the status of the Bonnet Carre' Freshwater Diversion Project. The conferees further direct the Corps to provide its assessment of whether the project, as currently formulated, would achieve its goals, and to provide recommendations of the Corps as to future program options and potential enhancement which would achieve these goals in the most timely and cost effective manner.

The conference agreement includes language proposed by the Senate that directs the President of the Mississippi River Commission to use the variable cost recovery rate set forth in OMB Circular A-126 for use of the Commission aircraft.

In addition, the conference agreement includes language directing the Secretary of the Army to use additional funds appropriated in this Act or previously appropriated funds to complete the Hickman Bluff, Kentucky, project.

The conferees have provided $965,000 to continue the Morganza to the Gulf of Mexico, Louisiana, feasibility study. The conferees recommended that the Corps of Engineers use an appropriate amount of the funds provided to prepare a report on the feasibility of expending the construction of a lock structure in the Houma Navigation Canal as an independent feature of this study authority.

The conferees are concerned about the abnormal annual flooding that occurs to industries and businesses along the waterfront areas of Morgan City and Berwick, Louisiana. The conferees understand that a means to solve the problem is pending authorization. This plan includes provisions for temporary flood proofing and for the study of a long-term solution including the relocation of riverside industries to a safe non-flood area in the vicinity. The Corps of Engineers should proceed immediately to construction upon passage of the authorization of this project with funds available to the Mississippi River and Tributaries project.

OPERATION AND MAINTENANCE, GENERAL

The conference agreement appropriates $1,697,015,000 for Operation and Maintenance, General, instead of $1,701,180,000 as proposed by the House and $1,688,358,000 as proposed by the Senate.

The conferees are concerned about the Administration's plans to stop requesting funds for the maintenance of a smaller navigation projects beginning in fiscal year 1998. Failure to adequately maintain those projects will cause economic hardship for many communities throughout the nation and result in hazardous navigation conditions that could directly lead to the loss of life and property. The conferees expect the Administration to continue to request adequate funds for maintenance of these projects.

The conferees direct the Corps of Engineers to use funds appropriated in this Act to conduct and continue their participation in the comprehensive water resources study of the Alabama-Coosa-Tallapoosa and Apalachicola-Chattahoochee-Flint River Basins with the states of Alabama, Florida, and Georgia, as specified in the Memorandum of Agreement dated January 3, 1992, as supplemental or amended, between the parties (the states of Alabama, Georgia, Florida, and the Army Corps of Engineers), through December 31, 1997 or the completion of the Comprehensive Study. Further funding contributions made by the states up to and including fiscal year 1996 will be considered in any additional funding requirement for contract studies or elements thereof.

The conferees have provided an additional $550,000 for the Corps of Engineers to continue repairs to the damaged east and west jetties and to construct a concrete cap on the east jetty at Newport Bay Harbor in California.

The Secretary of the Army is encouraged to conduct a study assessment and report to the Congress no later than one year from the date of enactment of this Act on the need and suitability to modify the Local Cooperation Agreement under which the Port of Santa Cruz now performs the Federal operations and maintenance mission at Santa Cruz Harbor in California. The study will particularly examine the need for an inflationary and cost of living increase adjustment that was not specified in the original agreement.

Of the funds provided for the Sepulveda Dam, California, project, it is the conferees' intent that a significant portion shall be used for environmental restoration and wildlife habitat.

The conference agreement includes $8,000,000 for the New York Harbor, New York project. The funds provided above the budget request are to be used to perform remaining dredged material management plan study activities and to implement short term disposal alternatives which have been determined to be feasible and quickly implementable and to investigate methods to reduce sediment contamination within the harbor.

The conferees agree that the Corps of Engineers may use nontraditional means for erosion control on the Missouri River below the Fort Peck Dam in Montana to the North Dakota border.

The conference agreement includes $7,552,000 for the Manteo (Shallowbag Bay), North Carolina, project to be used for additional maintenance dredging and monitoring of the terminal groin constructed at Oregon Inlet.

The conference agreement includes language in the bill earmarking funds for the following projects in the amounts specified: Raystown Lake, Pennsylvania, $4,190,000; and Cooper Lake and Channels, Texas, $2,601,000.

Language has been included in the bill which directs the Secretary of the Army to: use $1,000,000 of the funds provided in the bill to design and construct a landing at Guntersville, Alabama; design and implement an early flood warning system for the Greenbrier and Cheat River Basins in West Virginia; maintain a minimum conservation pool of 475.5 feet at Wister Lake in Oklahoma; and use $600,000 to perform maintenance dredging of the Cocheco River, New Hampshire, project. Language has also been included in the bill which provides that no funds available to the Corps of Engineers shall be used to acquire land in Jasper County, South Carolina, in connection with the Savannah Harbor navigation project.

The conference agreement deletes language contained in Senate bill earmarking funds for the Compton Creek Channel, California, project and the Buford-Trenton Irrigation District erosion control project in North Dakota. Funding for these projects has been included in the overall amount appropriated for Operation and Maintenance, General.

REGULATORY PROGRAM

The conference agreement appropriates $101,000,000 for the Regulatory Program as proposed by the House and the Senate.

The conferees agree that the Corps of Engineers should seek ways to implement the proposed administrative appeals process within the resources provided.

FLOOD CONTROL AND COASTAL EMERGENCIES

The conference agreement appropriates $10,000,000 for Flood Control and Coastal Emergencies as proposed by the House and the Senate. In addition, the conference agreement includes language proposed by the House which directs the Secretary of the Army to use up to $8,000,000 of the funds appropriated in this Act and in Public Law 104-134 to rehabilitate non-Federal flood control levees along the Puyallup and Carbon Rivers in Pierce County, Washington.

OIL SPILL RESEARCH

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

GENERAL EXPENSES

The conference agreement appropriates $149,000,000 for General Expenses instead of $145,000,000 as proposed by the House and $153,000,000 as proposed by the Senate.

The conference agreement deletes language contained in the Senate bill which would have prohibited the Secretary of the Army from obligating funds for the closure of the Pacific Ocean Division.

The conferees have, however, included language in the bill which directs the Secretary of the Army to begin implementing a plan to reduce the number of division offices to no more than eight and no less than six on April 1, 1997, and which provides authority for the Corps of Engineers to transfer up to $1,500,000 into this account from other accounts in this Title to investigate impacts in the delay in implementation of the division closure plan.

GENERAL PROVISIONS

CORPS OF ENGINEERS--CIVIL

The conference agreement, in Section 101, includes language which provides that the Secretary of the Army, in fiscal year 1997, shall advertise for competitive bid at least 8,500,000 cubic yards of the hopper dredge volumes accomplished with Government-owned dredges in fiscal year 1992 instead of 10,000,000 cubic yards as proposed by the House and 7,500,000 cubic yards as proposed by the Senate. During the period in which any of the Federal hopper dredges are placed in the reserve fleet or on standby status, or out of service for lengthy repair or rehabilitation, reallocating the entire 8,500,000 cubic yards among the remaining Federal dredges would require further reduction in their days of service, thus making their operation more costly and less competitive. Therefore, if any of the Federal hopper dredges is removed from service for repair or rehabilitation or placed in the reserve fleet or on standby status and is prevented from accomplishing the level of work it has carried out during the past three fiscal years, the conferees direct the Corps of Engineers to reduce the 8,500,000 cubic yards by the share allocated to that dredge over the past three fiscal years which has been put out for bid to the private sector.

The conference agreement, in Section 102, includes language prohibiting the use of funds available to the Corps of Engineers to study, design, or undertake improvements or major repair to the hopper dredge McFarland, except for normal maintenance and repair necessary to maintain the vessel in its current operational condition. This language is identical to language contained in the fiscal year 1996 Energy and Water Development Appropriations Act. The House bill contained a similar provision, while the Senate bill did not address the issue.

The conference agreement, in Section 103, includes language proposed by the Senate which modifies the authorization for the Moorfield, West Virginia, project by increasing the project's estimated cost.

The conference agreement, in Section 104, includes language proposed by the Senate which modifies the authorization for the Grays Landing Lock and Dam, Monongahela River, Pennsylvania, project by increasing the project's estimated cost.

The conference agreement, in Section 105, includes language proposed by the Senate which provides that flood control measures implemented under the authority of Section 202(a) of Public Law 96-367 shall prevent future losses that would occur from a flood equal in magnitude to the flood of April 1977 or the 100-year frequency event, whichever is greater. The Senate language has been amended to clarify that it applies to nonstructural flood control measures.

The conference agreement, in Section 106, includes language proposed by the Senate which will prevent the termination of contracts or the delay of scheduled work at specifically funded ongoing construction projects because of insufficient funding. When exercising this authority, the Secretary of the Army should be guided by the direction contained in the Senate report.

The conference agreement, in Section 107, includes language proposed by the Senate directing the Corps of Engineers to complete the Charleston Riverfront (Haddad) Park, West Virginia, project.

The conference agreement, in Section 108, includes language proposed by the Senate which modifies the authorization for the Arkansas City, Kansas, project by increasing the project's estimated cost with an amendment to reflect the current Federal and non-Federal costs.

The conference agreement, in Section 109, includes language proposed by the Senate which provides that funds appropriated in the fiscal year 1993 Energy and Water Development Appropriations Act for the Elk Creek Dam, Oregon, project are available to plan and implement long term management measures at Elk Creek Dam to maintain the project in an uncompleted state and to take necessary steps to provide fish passage through the project.

The conference agreement, in section 110, includes language authorizing and directing the Secretary of the Army to modify the Hudson River, New York, project, to provide for a 300-foot wide channel to a depth of 24 feet from the existing Federal channel in the vicinity of Hudson City Light to the north dock at Union Street, Athens, New York.

The conference agreement, in section 111, includes a provision amending language contained in the fiscal year 1996 Energy and Water Development Appropriations Act regarding the conveyance of land to the City of Prestonsburg, Kentucky.

The conference agreement, in section 112, includes language modifying the authorization for the project to perform emergency gate construction at Abiquiu Dam in New Mexico.

Insert Offset Folio's 97 to 141 here

029

TITLE II

DEPARTMENT OF THE INTERIOR

CENTRAL UTAH PROJECT COMPLETION ACCOUNT

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

BUREAU OF RECLAMATION

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

GENERAL INVESTIGATIONS

The conference agreement appropriates $16,650,000 for General Investigations instead of $14,548,000 as proposed by the House and $18,105,000 as proposed by the Senate.

The conference agreement includes $1,000,000 for the Bureau of Reclamation to undertake feasibility studies for water conservation projects in the Deschutes and Rogue River basins in Oregon.

The conference agreement includes language in the bill providing $250,000 for the Del Norte County and Crescent City, California, Wastewater Reclamation project, and $250,000 for the Fort Bragg, California, Water Supply project.

The conferees understand that the Bureau of Reclamation has been working cooperatively with interested parties in efforts to secure reliable and safe water supplies for the City and County of Santa Fe, New Mexico. The Bureau is to be commended and is encouraged to continue to provide assistance and work cooperatively with the City and County in the regional planning process to resolve critical issues associated with providing clean, reliable drinking water for the region.

The conference agreement deletes language contained in the Senate bill earmarking funds for the Cheyenne River Sioux Reservation, South Dakota, study. Funding for this study is included in the overall amount provided for General Investigations.

CONSTRUCTION PROGRAM

The conference agreement appropriates $394,056,000 for the Construction Program instead of $367,496,000 as proposed by the House and $398,596,700 as proposed by the Senate.

The conferees have included $444,000 for the In-Situ Copper Mining Research Project, located near Casa Grande, Arizona, which has been transferred to the Bureau of Reclamation from the Bureau of Mines, for the continuation of the field test as proposed by the House. The funds are to be cost-shared by the private sector partner as provided for in the contract. It is the conferees' understanding that sufficient funds were transferred with the project to support Reclamation's in-house research and oversight responsibilities through the conclusion of the project. The Bureau of Reclamation should closely examine the research data to explore the application of the technology to other of its programs.

The conference agreement includes $500,000, $250,000 above the budget request, for the Bureau of Reclamation to undertake an environmental analysis and perform engineering for screening the Contra Costa Canal intake at Rock Slough in California.

In lieu of the directive contained in the House report, the conferees direct the Bureau of Reclamation to provide private entities with a fair and reasonable opportunity to construct, rather than design and construct, new fish screen and fish recovery facilities associated with the Glenn-Colusa Irrigation District's Hamilton City Pumping Plant, with oversight responsibility by the Bureau of Reclamation in cooperation with the Glenn-Colusa Irrigation District.

The conferees have provided $1,100,000, the same as the level provided by the House, for work on alternative fish guidance systems and for new work on a positive barrier screen at Reclamation District 108's Wilkins Slough pumping plant. Of the funds provided, $500,000 shall be allocated to work on alternative fish guidance systems.

The conferees have provided an additional $2,500,000 for the Endangered Species Recovery Implementation program for a wetland restoration project to be carried out along the Williamson River in Klamath County, Oregon, pursuant to the Upper Klamath Basin Working Group. Within 30 days of enactment of this Act, these funds shall be transferred in their entirety to a nonprofit entity with expertise in fish and wildlife management, and with a memorandum of understanding with the Bureau of Reclamation, to hold in an interest-bearing account and disburse as appropriate to other entities to accomplish the project purposes. This project shall be carried out jointly between the private entity, the Bureau of Reclamation, the U.S. Fish and Wildlife Service, the Natural Resources Conservation Service of the Department of Agriculture, and non-Federal interests in the project area.

The conference agreement includes language proposed by the House that directs the Bureau of Reclamation to complete, by the end of fiscal year 1997, the environmental impact statement being conducted on the proposed Tucson, Arizona, surface reservoir.

The conference agreement deletes language contained in the Senate bill for the Mid-Dakota Rural Water System in South Dakota. Funding for this project has been provided within the overall amount appropriated for the Construction Program.

The conference agreement includes language proposed by the Senate extending the authority for the Reclamation States Emergency Drought Relief Act of 1991, Public Law 102-250, through 1997. The bill also includes language proposed by the Senate increasing the cost ceiling for the Umatilla Basin project in Oregon.

The conference agreement deletes funding proposed by the Senate for the McCall Wastewater Treatment facility in Idaho and the Devils Lake, North Dakota, Desalination project.

The conference agreement includes $58,740,000 for the Central Arizona Project instead of $51,155,000 as proposed by the House and $58,325,700 as proposed by the Senate. The specific items which comprise the total reduction of $12,988,000 are as follows: Hayden-Rhodes Aqueduct, Siphon Repairs, Noncontract Costs--$1,616,000; Hayden-Rhodes Aqueduct, Other Repairs, Noncontract Costs--$1,509,000; Other Project Costs, Water Allocations, Noncontract Costs--$500,000; Other Project Costs, Curation Facilities, O&M During Construction--$350,000; Other Project Costs, Curation Facilities, Noncontract Costs--$400,000; Other Project Costs, Native Fish Protection, Major Contracts--$2,775,000; Other Project Costs, Native Fish Protection, Noncontract Costs--$332,000; Other Project Costs, Environmental Enhancement, Major Contracts--$900,000; Other Project Costs, Environmental Enhancement, Noncontract Costs--$801,000; New Wadell Dam, Recreation Facilities--$1,550,000; and New Wadell Dam, Noncontract Costs--$2,255,000. The amount provided for the Central Arizona Project includes $200,000 for the Sierra Vista effluent recharge project and $1,470,000 for the Roadrunner Campground at New Wadell Dam.

The conference agreement includes $225,000 each for the Spring Run Salmon and Coho Salmon programs as proposed by the House. The conferees expect that the funds deposited with the National Fish and Wildlife Foundation for these programs shall be subject to the same process, including matching requirements and competitive selection, as are other grants administered by the Foundation. The conferees emphasize the desire to build partnerships between diverse communities, leverage the use of taxpayer funds and maximize the value of projects selected for funding. The Foundation shall continue to have authority to select projects for funding through this program in order to realize the greatest fish and wildlife benefits.

OPERATION AND MAINTENANCE

The conference agreement appropriates $267,876,000 for Operation and Maintenance instead of $286,232,000 as proposed by the House and $280,876,000 as proposed by the Senate.

The conferees are aware that the Bureau of Reclamation and the Bonneville Power Administration (BPA) have been negotiating an agreement under which BPA will provide direct funding for the annual operations and maintenance costs associated with Reclamation's hydropower generation facilities in the Pacific Northwest. This approach would replace the existing procedure under which Reclamation requests annual appropriations to cover those costs with BPA providing reimbursement to the Treasury. The conferees believe the agreement should provide greater assurance of an appropriate level of funding for maintenance of power facilities thereby reducing the frequency of costly overhauls and increasing the reliability of BPA's power supply. The funding level for Reclamation's operation and maintenance program contained in the conference agreement assumes that direct funding by BPA will be implemented beginning in fiscal year 1997.

The conferees direct the Bureau of Reclamation to carry out the items of work described in the House and Senate reports.

BUREAU OF RECLAMATION LOAN PROGRAM ACCOUNT

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

CENTRAL VALLEY PROJECT RESTORATION FUND

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

GENERAL ADMINISTRATIVE EXPENSES

The conference agreement appropriates $46,000,000 for General Administrative Expenses instead of $45,150,000 as proposed by the House and $48,307,000 as proposed by the Senate.

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

Insert Offset Folio's 150 to 152 here

004

TITLE III

DEPARTMENT OF ENERGY

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

REPROGRAMMINGS

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

USE OF RECEIPTS FROM LEASING OR SELLING GOVERNMENT PROPERTY OR ASSETS

The conferees expect the receipts from either the lease or sale of government assets, less the costs directly related to the lease or sale, to be remitted to the United States Treasury unless specific authority is contained in the Appropriations Act permitting the Department to retain these receipts to offset funding requirements.

The Department should perform a comprehensive review of current government assets which may be available for lease or sale and the potential revenues available from such sources, and be prepared to discuss this issue and the need for additional legislation during the fiscal year 1998 appropriations process.

PROGRAM DIRECTION ACCOUNTS

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

GENERAL REDUCTIONS NECESSARY TO ACCOMMODATE SPECIFIC PROGRAM DIRECTIONS

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

ENERGY SUPPLY, RESEARCH AND DEVELOPMENT ACTIVITIES

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

SOLAR AND RENEWABLE ENERGY PROGRAMS

Funding of $29,000,000 is provided for the wind energy program, of which $2,000,000 shall be for the Kotzebue, Alaska project.

Funding of $55,300,000 for biofuels energy systems is equally divided between two distinct programs, the power systems program and the transportation program. The $27,650,000 provided for the power systems program includes the budget request amount to complete demonstration of the hot-gas filtration system at the gasifier in Hawaii. This year's funding is the final year of funding for this project. The power systems program also includes funding for the gasifier in Burlington, Vermont, and $4,000,000 for the biomass cogeneration turbine development program, $1,000,000 less than the amount requested. The transportation program includes $3,000,000 for the cost-shared biomass ethanol plant in Gridley, California, and $1,000,000 for testing forest residue feedstocks at the Department's biomass ethanol user facility, with the remainder of the funds made available for biochemical conversion. The conferees direct that funding for the regional biomass program and the feedstock program be allocated equally between the power systems and transportation programs.

Funding of $750,000 for the solar international program is to be allocated to nongovernmental organizations which are active in joint implementation activities to develop specific international energy projects. The conferees direct that any carryover funds available on October 1, 1996 in the solar international and solar transfer programs be used only to honor existing contracts. Carryover funds from these two programs are not to be available for obligation for new contracts or agreements.

Funding of $30,000,000 is provided for the geothermal program, including $300,000 for the Geo-Heat Center at the University of Oregon Institute of Technology and $2,000,000 for the Geysers geothermal project, which represents the final Federal contribution to this program.

Funding of $1,000,000 is provided for hydropower for the cost-shared fish-friendly turbine research and development program.

Funding of $4,000,000 is provided for renewable Indian energy resources, including $1,000,000 for the final Federal share of the Haida Alaska Native Village Corporation's Reynolds Creek hydroelectric project, $2,000,000 for the Eyak Native Corporation's Power Creek hydroelectric project and $1,000,000 for the Klawock-Thorne Bay-Kasaan electrical intertie.

Due to severe budget constraints, the conferees have not included the Senate language encouraging the Department to start a new program developing metal matrix composites.

The conference agreement does not direct a specific reduction in the number of federal employees at Headquarters.

NUCLEAR ENERGY

The conferees have provided $38,000,000 for the light water reactor program, $2,000,000 less than the budget request and the Senate amount. This is the final Federal contribution to the light water reactor program. The conferees have not included funding to demonstrate or study annealment of reactor cores.

The conferees note that there is insufficient funding to support a viable nuclear engineering and radiation science research program. This program is underfunded to the point where the viability of the nuclear engineering academic departments in the United States, and the nuclear science capability of the nation, are at risk. The health and vitality of the academic infrastructure in nuclear science and engineering in the U.S. depends on an adequately funded research program. Therefore, the conferees urge the Department to include sufficient funding to reinstate the Nuclear Engineering Education Research program in the fiscal year 1998 budget request.

The conference agreement includes $12,704,000 for the isotope support program including $5,000,000 to implement the Department's record of decision on the production of molybdenum-99.

ENVIRONMENT, SAFETY AND HEALTH

The Radiation Effects Research Foundation (RERF) is a private foundation co-funded by the governments of the United States and Japan to study the effects of radiation on the survivors of the Hiroshima and Nagasaki bombings. The conferees agree that this program is a defense-related activity and have included the fiscal year 1997 funding of $15,000,000 in the environment, safety and health program under Other Defense Activities.

ENERGY RESEARCH

Biological and environmental research

The conference agreement includes $10,000,000 for the final phase of the Biomedical Information Communication Center at the Oregon Health Sciences University. The database resulting from the project will be used to track the efficacy and effect of medical treatments, and assist in research efforts associated with the long-term effects of low-level exposure to potential environmental hazards such as radiation or electromagnetic fields. The conference agreement also includes $3,000,000 for the Indiana University School of Medicine. The University is nationally renowned for its achievements in the field of nuclear medicine. This contribution will allow the university to expand its efforts in the research and treatment of cancer, AIDS and other life-threatening diseases.

Within available funds, $1,000,000 is provided to establish a collaborative Boron Neutron Capture Therapy (BNCT) program utilizing the nuclear radiation capabilities at the McClellan Nuclear Radiation Center (MNRC). This program will help establish the efficacy of BNCT for the treatment of inoperable brain tumors and will expand to include other difficult-to-treat malignancies such as melanoma, skull-base tumors, inherently radio-resistant tumors, long-bone sarcoma in children and pediatric brain tumors.

Fusion

The conferees have provided $232,500,000 for the fusion energy program, an increase of $7,500,000 over the House recommendation. The conferees support the House and Senate inclusion of program direction and computational support within the amount provided for the fusion program. The conferees encourage the Department to reduce the amount identified for program direction, but do not stipulate amounts for program direction or computational support. To further provide maximum flexibility, the conferees have not included the prescriptive language included in the House report.

The conferees have provided funds to continue and complete operations and provide for safe shutdown of the TFTR in fiscal year 1997. This is the final year of funding for fusion operations at the TFTR.

The conference agreement includes funding to continue the U.S. participation in the engineering design activities phase of the international thermonuclear experimental reactor (ITER) project, to which the United States is committed through fiscal year 1998.

Basic energy sciences

Funding of $7,000,000 is provided for the Experimental Program to Stimulate Competitive Research (EPSCoR) program. Also, the conference agreement provides $3,200,000, for the Midwest Superconductivity Consortium. The conferees support collaborative multi-institution, multi-discipline materials research efforts involving ion exchange membranes, ion exchange resins, and solidification-stabilization for immobilization of hazardous wastes. The conferees are aware of an industrial multi-institutional consortium in the southeast which is exploring research in these applications and encourages the Department to determine whether there is a Departmental interest in joining this consortium.

The conference agreement includes $10,000,000 for the University of Alabama. Funding of $9,500,000 is provided to complete the Energy, Minerals, and Materials Research Center which focuses on fundamental research in state-of-the-art manufacturing technologies related to energy efficiency and conservation, environmentally responsible production techniques and advanced information systems at the University of Alabama-Tuscaloosa. The remaining $500,000 is provided to the University of Alabama-Birmingham in support of a cooperative research agreement to use magnetic resonance imaging systems to develop advanced cardiovascular imaging applications. The conference agreement also includes $7,000,000 for the Center for Technological Research with Industry at Rose-Hulman Institute of Technology. This project will complement the school's ongoing efforts to increase our nation's competitiveness by coordinating technology-based research with industrial and governmental sponsors.

Other energy research activities

The conference agreement includes $10,000,000 for the establishment of the energy and environmental technology applications project at the University of Southwestern Louisiana. The project will enhance fundamental automation research in areas designed to improve the nation's global competitiveness and energy efficiency.

The conferees have included the House recommendation for program direction, $30,600,000, but do not agree with the House direction that $2,500,000 be available for expenses related to workforce reduction. The conferees have not recommended a specific amount for the technology transfer program.

ENERGY SUPPORT ACTIVITIES

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

IN-HOUSE ENERGY MANAGEMENT

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

ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT (NON-DEFENSE)

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

The university robotics program is funded in the Defense Environmental Restoration and Waste Management program.

URANIUM SUPPLY AND ENRICHMENT ACTIVITIES

The conference agreement appropriates net funding of $1,000,000 instead of $11,772,000 as proposed by the House and no funding as proposed by the Senate.

The conference agreement includes bill language proposed by the Senate which would permit security guards to carry side arms at the gaseous diffusion plants.

The conference agreement retains bill language proposed by the Senate providing for payment by the United States Enrichment Corporation of necessary employee and agency contributions to the Thrift Savings Fund.

The conferees agree to provide up to $10,000,000 of program funds for transparency measures.

URANIUM ENRICHMENT DECONTAMINATION AND DECOMMISSIONING FUND

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

GENERAL SCIENCE AND RESEARCH ACTIVITIES

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

NUCLEAR WASTE DISPOSAL FUND

The conference agreement appropriates $182,000,000 as proposed by the House instead of $200,028,000 as proposed by the Senate and deletes language proposed by the House making the appropriation subject to authorization. The conference agreement includes language proposed by the House prohibiting distribution of funds appropriated under this heading for the State of Nevada or affected units of local government. The agreement also includes language proposed by the Senate requiring the Secretary to prepare a viability assessment of the Yucca Mountain site, amended to impose a deadline of September 30, 1998 instead of June 30, 1998 as proposed by the Senate.

The conferees direct that the appropriated funds be used in accordance with the Civilian Radioactive Waste Management Draft Program plan issued by the Department in May 1996 and for interim storage activities as authorized by law.

DEPARTMENTAL ADMINISTRATION

The conference agreement appropriates $215,021,000 for Departmental Administration instead of $194,000,000 as proposed by the House and $218,017,000 as proposed by the Senate. Revenues of $125,388,000 are estimated to be received in fiscal year 1997, resulting in a net appropriation of $89,633,000. The proposed funding level includes $6,000,000 available only for severance, termination, and related costs resulting from the reduction in personnel in Departmental Administration. The conference agreement includes $2,000,000 in environmental policy studies for the Department to continue analytic global climate change studies.

The conference agreement deletes bill language proposed by the House specifying end-of-year employment levels by organization in the Department of Energy. However, the conferees are cognizant of these proposed employment levels and strongly urge the Department to use these as a guideline for proportionate reductions in fiscal year 1997.

The conference agreement deletes language proposed by the Senate to provide voluntary separation incentives for the Department of Energy and to require payment by the Department of Energy to the Office of Personnel Management.

OFFICE OF THE INSPECTOR GENERAL

The conference agreement appropriates $23,853,000 instead of $25,000,000 as proposed by the House and $23,103,000 as proposed by the Senate.

The conferees agree that the current case load of the Office of Contractor Employee Protection does not support a separate office of the current size, and direct the Inspector General to assume the responsibility for these activities.

ATOMIC ENERGY DEFENSE ACTIVITIES

Weapons activities

The conference agreement appropriates $3,911,198,000 instead of $3,684,378,000 as proposed by the House and $3,988,602,000 as proposed by the Senate.

The conference agreement supports the direction provided in the Senate report for the stockpile stewardship program with the following adjustments. An increase of $30,000,000 over the budget request is provided for the accelerated strategic computing initiative. An additional $10,000,000 over the budget request has been provided for the technology transfer program; within this program up to $10,000,000 should be allocated for the American Textile Partnership (AMTEX), and up to $10,000,000 should be allocated for the Advanced Computational and Technology Initiative (ACTI). The conference agreement provides specific funding levels identified by the House and Senate for the University of Rochester and the Naval Research Laboratory in the inertial confinement fusion program.

For core stockpile management, the conference agreement provides $1,834,470,000. Funding of $150,000,000 is provided for a new tritium source, instead of $100,000,000 as proposed by the House and $160,000,000 as proposed by the Senate. The conferees direct the Department to notify the House and Senate Committees on Appropriations prior to initiating in-reactor tests of tritium target rods at a commercial light water reactor. Enhanced surveillance activities are increased by $15,000,000; advanced manufacturing activities are increased by $80,000,000; and $6,000,000 is included for upgrades for the tritium recycling facility.

For program direction funding, the conference agreement provides $325,000,000 which includes $22,600,000 for the final settlement payment for the community assistance program at Los Alamos, New Mexico. The funding provided is $31,404,000 less than the budget request for salaries and other expenses, and the conferees agree that these reductions should be taken proportionately as recommended in the House report.

DEFENSE ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT

The conference agreement appropriates $5,459,304,000 for Defense Environmental Restoration and Waste Management instead of $5,409,310,000 as proposed by the House and $5,605,210,000 as proposed by the Senate.

The conference agreement deletes language included by the Senate earmarking $2,000,000 for demonstration of stir-melter technology and $5,000,000 for the electrometallurgical treatment of spent nuclear fuel.

The conferees have provided $15,000,000 for `Closure Projects,' a new initiative to accelerate the closure of facilities or significantly reduce outyear mortgage costs. The conferees direct the Department to include funding at an appropriate level for this activity as part of the fiscal year 1998 budget request.

The conference agreement provides $1,762,194,000 for environmental restoration, the same as the budget request.

Within the waste management program, up to $2,000,000 is provided for demonstration of stir-melter technology developed by the Department and previously intended to be used at the Savannah River Site. The Department is directed to seek alternative use of this technology to maximize the investment already made in this technology.

The conferees encourage the Department to support planning and concepts refinement for a Systems Approach to Precision Farming and Technology Integration consistent with the 1995 Department of Energy/U.S. Department of Agriculture Memorandum of Understanding.

The conference agreement provides the budget request for site operations activities which were transferred to the nuclear materials and facility stabilization program. This includes the training and transportation budget requests which were reduced by the House.

The conferees also direct the Department to provide $2,000,000 from the Defense Environmental Restoration and Waste Management account, through the Department's Memorandum of Understanding with the Department of Health and Human Services, for the Hanford Thyroid study.

Within the budget request for robotics in the technology development program, $4,000,000 is provided for the university robotics program as proposed by the House.

The conferees are pleased with the progress to date in implementing the environmental basic research program. In a recent review by the National Research Council, the Council endorsed this program and acknowledged, `* * * establishment of this mission-directed, basic research program as both an urgent and a prudent investment for the nation.' The National Research Council report further notes that the, `* * * long-term success of this program is highly dependent on the continuing partnership between EM, which understands the cleanup problems and research needs, and ER, which, through its mission to manage the department's basic research programs, understands how to select and manage research. The committee endorses the efforts made by EM and ER staff to work together and encourages them to continue their efforts to build an effective Environmental Management Science Program.'

Due to budget constraints, the conference agreement provides $170,000,000 for the environmental privatization program at Richland, Washington. The conferees note with much interest the recent National Academy of Sciences (NAS) report on the Hanford high-level waste tank remediation program. The conferees agree with the NAS statement that, `* * * a time during which funding is constrained is precisely the wrong time to drop work on alternatives that might achieve satisfactory results at a significantly lower cost.' The NAS report notes that developing such backup technologies `* * * would still allow remediation to proceed expeditiously.' The conferees therefore recommend allocating up to $15,000,000 for technology development of such alternatives. An example of such alternatives brought to the attention of the Committees is a recent industry proposal to develop small, modular inductive in-can vitrification and in-tank processing as high-payoff backup technologies.

The conferees have provided $411,511,000 for the program direction account, a reduction of $35,000,000 from the budget request. The number of Headquarters Federal employees are to be reduced, and travel expenses and advisory and assistance services at Headquarters and the field are to be reduced. The conferees are very concerned with the Department's current plan to reduce employees at Headquarters by transferring them to the field. Any attempt to move employees to field offices without sufficient justification and a demonstrated critical need in the field will not be supported by Congress. Funding for environmental cleanup programs will continue to be constrained next year, and the Department must ensure that it is not just moving the problem to another year and another location.

The conference agreement maintains the current policy that no cleanup funds are to be used for economic development activities. The conferees have provided $62,000,000 in the worker and community transition program which was established and authorized to fund such activities, and expect all economic development activities to be funded from that program.

The conferees note with concern the tendency of the FY 1997 defense authorization Act to disregard an equitable allocation of funds added above the budget request in the Defense Environmental Restoration and Waste Management account. Therefore, the conferees encourage the Department to prioritize those programs and activities which would benefit from these additional funds and submit a reprogramming request necessary to implement such programs and activities which the Department deems a priority for the Defense Environmental Management mission.

Hanford Tank Farms privatization

The conferees support statements in the House report that steps should be taken to minimize any negative budgetary impact on current cleanup activities at Hanford resulting from the creation of a privatization fund for the Hanford Tank Waste Remediation System program. The Department has also advised the conferees that this privatization fund does not take monies away from the Hanford cleanup operating budget for FY 1997. Despite these assurances, however, concerns persist that the privatization fund will result in further funding cuts to Hanford's operating budget and accompanying job losses at the site. In response to these concerns, the conferees state their agreement with the Department that the specific establishment of the privatization fund will not directly cause additional delays in cleanup schedules or layoffs at Hanford in FY 1997.

Furthermore, the conferees strongly encourage the Department, to the maximum extent possible, to allocate savings that result from the new management contract at Hanford and any prior year balances to the privatization program for the treatment of high and low level waste at the Hanford site.

FIXED ASSET ACQUISITION

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

OTHER DEFENSE ACTIVITIES

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

NONPROLIFERATION AND NATIONAL SECURITY

The conference agreement provides $634,472,000 for nonproliferation and national security instead of $564,272,000 as proposed by the House and $649,872,000 as proposed by the Senate.

In the nonproliferation and verification research and development program, the conferees have provided an additional $17,000,000 to the Department to undertake a research and development program to address the technical means for detecting the presence, transportation, production, and use of materials to make biological and chemical weapons.

Within the funding for arms control, a total of $30,000,000 is for the Industrial Partnering Program, $7,900,000 is to complete the canning of spent nuclear fuel rods in North Korea, and an additional $20,000,000 over the budget request of $92,637,000 is provided for the materials protection, control, and accounting program.

The conference agreement includes the Senate proposal for the intelligence program, and provides $88,122,000 for the program direction account.

ENVIRONMENT, SAFETY AND HEALTH (DEFENSE)

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

WORKER AND COMMUNITY TRANSITION

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

NUCLEAR ENERGY (DEFENSE)

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

FISSILE MATERIALS DISPOSITION

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

NAVAL REACTORS

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

POWER MARKETING ADMINISTRATIONS

Alaska Power Marketing Administration

The conference agreement appropriates $4,000,000, as proposed by the House and the Senate.

Bonneville Power Administration

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

The conferees have agreed to retain the voluntary separation incentive language provided in fiscal year 1996, but have agreed to limit the authority to September 30, 2000.

BPA energy services business

The changes occurring in the electric utility industry are expected to result in changes to the authorities and responsibilities of the Bonneville Power Administration. The conferees support the efforts of the Governors, through establishment of the Regional Review, to develop consensus recommendations for restructuring Bonneville. The conferees have heard legitimate concerns expressed about Bonneville's formation of an energy services business. While the conferees are not eliminating funding for this venture, it should only be continued in the context of the historic energy efficiency services Bonneville has offered to its existing customers.

The conferees have agreed to limit Bonneville's borrowing authority to $10 million for their energy services business line, a decrease of $10 million from Bonneville's request. Including this amount should not be viewed as an endorsement by the conferees of Bonneville's ESB activities. Bonneville should limit its activities to the continuation of historic services to existing customers, including new contracts with existing customers, not to cumulatively exceed $3 million until the Regional Review has determined the appropriateness of the activities and developed clear parameters. If the Regional Review or ultimately Congressional action does not support Bonneville's proposed new venture, Bonneville should not expand its activities into this area. When entering into these contracts with existing customers, such contracts shall provide full cost recovery. The parameters developed by the Regional Review should address the appropriate level of capitalization, competitive implications and maintenance of a competitive energy services market, and minimize the risk of cross-subsidies from BPA's core power marketing and transmission customers. The conferees expect Bonneville to act consistent with the recommendations made by the Regional Review.

The conferees share the concern of the House report that Bonneville's activities in this area may compete with the private sector. Bonneville shall work with representatives of the energy services industry in the Northwest to reach agreement on principles which assure that Bonneville's activities are structured to enlarge the energy services market and do not compete with work that the private sector could reasonably perform. The conferees understand that, with the exception of Federal agencies, Bonneville has committed to doing virtually no work with retail consumers without the support of the local utility and the conferees expect Bonneville to carry out this commitment.

The Northwest Power Planning Council shall prepare a report on Bonneville's implementation of the Regional Review recommendations regarding the Energy Services Business within 180 days of enactment of this legislation, but in any case not later than May 1, 1997. The Council is encouraged to provide greater definition to the recommendations provided by the Regional Review.

OPERATION AND MAINTENANCE, SOUTHEASTERN POWER MARKETING ADMINISTRATION

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

OPERATION AND MAINTENANCE, SOUTHWESTERN POWER MARKETING ADMINISTRATION

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

OPERATION AND MAINTENANCE, WESTERN AREA POWER MARKETING ADMINISTRATION

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

FALCON AND AMISTAD OPERATING AND MAINTENANCE FUND

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

FEDERAL ENERGY REGULATORY COMMISSION

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

GENERAL PROVISIONS

The conference agreement includes language proposed by the House pertaining to priority placement, job placement, retraining, and counseling programs for Department of Energy employees affected by a reduction in force.

The conference agreement includes language providing that none of the funds appropriated by this or any other Act may be used to implement section 3140 of H.R. 3230 as reported by the Committee on Conference on July 30, 1996. The Secretary of Energy shall develop a plan to reorganize the field activities and management of the national security functions of the Department of Energy and shall submit such plan to the Congress not later than 120 days after the date of enactment of this Act. The plan will specifically identify all significant functions performed by the Department's national security operations and area offices and make recommendations as to where those functions should be performed.

The conference agreement deletes language proposed by the Senate pertaining to use of voluntary separation incentives by the Department of Energy and payments to the Office of Personnel Management for retirement benefits.

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TITLE IV

INDEPENDENT AGENCIES

APPALACHIAN REGIONAL COMMISSION

The conference agreement appropriates $160,000,000 instead of $155,331,000 as proposed by the House and $165,000,000 as proposed by the Senate.

Of the total amount appropriated, $57,000,000 is provided for area development, $3,331,000 is provided for salaries and expenses, and $99,669,000 is provided for highway development.

DEFENSE NUCLEAR FACILITIES SAFETY BOARD

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

DELAWARE RIVER BASIN COMMISSION

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

INTERSTATE COMMISSION ON THE POTOMAC RIVER BASIN

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

NUCLEAR REGULATORY COMMISSION

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

NUCLEAR WASTE TECHNICAL REVIEW BOARD

The conference agreement appropriates $2,531,000 as proposed by the House and Senate.

The conference agreement deletes language proposed by the House making the appropriation subject to the authorization required under the heading `Nuclear Waste Disposal Fund' and includes technical language proposed by the House to derive funds from the Nuclear Waste Fund instead of technical language proposed by the Senate to transfer funds from the Nuclear Waste Fund.

SUSQUEHANNA RIVER BASIN COMMISSION

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

TENNESSEE VALLEY AUTHORITY

The conference agreement appropriates $106,000,000 for the Tennessee Valley Authority instead of $97,169,000 as proposed by the House and $113,000,000 as proposed by the Senate.

The conference agreement earmarks $15,000,000 for the Environmental Research Center in Muscle Shoals, Alabama instead of prohibiting the use of funds for the center (except for necessary termination expenses) as proposed by the House and $20,000,000 as proposed by the Senate.

The conference agreement earmarks $6,000,000 for Land Between the Lakes instead of $5,000,000 as proposed by the House and $8,000,000 as proposed by the Senate.

The conference agreement earmarks $15,000,000 for economic development instead of $16,000,000 as proposed by the House and $9,000,000 as proposed by the Senate.

The conference agreement includes $70,000,000 for stewardship and land and water activities of the TVA.

The conference agreement includes language proposed by the Senate prohibiting the use of funds for detailed engineering, design and construction of a replacement for Chickamauga Lock and Dam on the Tennessee River system.

The conferees agree to require TVA to comply with reprogramming guidelines. The House and Senate Committees will work with TVA to establish detailed guidelines to improve the Authority's financial accountability.

TITLE V

GENERAL PROVISIONS

SEC. 501- The conference agreement includes language proposed by the House and Senate regarding the purchase of American-made equipment and products, and language proposed by the House prohibiting contracts with persons falsely labeling products as made in America.

SEC. 502- The conference agreement includes language proposed by the House repealing 42 U.S.C. 7262 which provides authority to the Secretary of Energy to accept gifts, bequests, and devises of money.

SEC. 503- The conference agreement includes language proposed by the House which provides that none of the funds made available by this Act may be used to determined the final point of discharge for the interceptor drain for San Luis Unit of the Central Valley Project until development by the Secretary of the Interior and the State of California of a plan, which shall conform to the water quality standards of the State of California as approved by the Administrator of the Environmental Protection Agency, to minimize any detrimental effect of the San Luis drainage waters. The language also provides that the costs of the Kesterson Reservoir Cleanup Program and the San Joaquin Valley Drainage Program shall be classified as reimbursable or nonreimbursable by the Secretary of the Interior as described in the Bureau of Reclamation report entitled, `Repayment Report, Kesterson Reservoir Cleanup Program and San Joaquin Valley Drainage Program, February 1995' and that any future obligation of funds for drainage service or drainage studies for the San Luis Unit shall be fully reimbursable by San Luis Unit beneficiaries pursuant to Reclamation law.

SEC. 504- The conference agreement includes language proposed by the House which provides that none of the funds appropriated in this Act may be used to revise the Missouri River Master Water Control Manual if such revision provided for an increase in the springtime water release program during the spring heavy rainfall and snow melt period in states that have rivers draining into the Missouri River below the Gavins Point Dam.

SEC. 505- The conference agreement amends language proposed by the House repealing a provision included in the Energy and Water Development Appropriations Act, 1991, which made bypass releases for temperature control purposes at the Shasta Dam nonreimbursable. The conferees have included this provision to make reimbursable any replacement power purchases necessitated by water releases for fishery purposes that must bypass the generators in Shasta Dam, and have made the provision effective upon operation of the Shasta temperature control device or September 30, 1997. The temperature control device construction should be completed early in fiscal year 1997. The conferees anticipate that it will eliminate waste of electrical energy and the need for replacement power purchases, and urge the Bureau of Reclamation to achieve operation as soon as possible.

SEC. 506- The conference agreement includes language proposed by the Senate which extends the water service contracts for the Bostwick District (Kansas portion), and Bostwick District (Nebraska portion) projects for a period of one additional year after the dates on which each of the contracts would have otherwise expired. The language has been amended to make technical corrections.

SEC. 507- The conference agreement includes language proposed by the Senate requiring the Department of Energy to submit a monthly report on adherence to recommendations included in the reports accompanying this appropriations Act. The language has been modified to make this a one-time report, due on February 28, 1997. This report should describe the status and expected actions to be taken for each recommendation included in the House, Senate, or conference report.

SEC. 508, 509, 510- The conference agreement includes language proposed by the House denying funds to institutions of higher learning which prevent campus access to units of the Senior Reserve Officer Training Corps or Federal military recruiting on campus, amended to apply only to such subelements of affected institutions which prevent campus access. The language also prohibits the use of funds to enter into or renew contracts with entities failing to comply with statutory reporting requirements concerning the employment of certain veterans.

SEC. 511- The conference agreement deletes language proposed by the House repealing section 508(f) of the Energy and Water Development Appropriations Act, 1996, providing the Administrator of the Bonneville Power Administration the authority to offer employees voluntary separation incentives up to $25,000. The voluntary separation incentive language is retained and modified to extend the buyout authority until September 30, 2000.

SEC. 512- The conference agreement modifies language proposed by the Senate regarding scientific review of the Bonneville Power Administration's fish and wildlife programs.

The Managers believe that successful implementation of the Northwest Power Planning Council's (Council) fish and wildlife program would be benefited by the advice of independent scientists with expertise on the enhancement of Columbia River fish and wildlife. The Managers understand that the Council, together with the National Marine Fisheries Service, has established an `Independent Scientific Advisory Board' (ISAB) in order to provide scientific advice to the Council and NMFS on the Council's plan for fish and wildlife for the River system. The Managers have included language in its bill directing the National Academy of Sciences to submit a list of individuals to the Council to serve on an `Independent Scientific Review Panel' (Panel) to review projects for funding under BPA's annual fish and wildlife program. The Managers note that nothing in the bill language precludes NAS from recommending the same scientists that serve on the ISAB to serve on the newly created Independent Scientific Review Panel, provided that members meet the conflict of interest standards spelled out in the bill language. If ISAB scientists are selected to serve on the newly created Panel, such scientists should not be compensated twice for their services.

The Managers understand that the Council has also developed multi-year work plans that are used to make decisions for fish and wildlife projects. The Managers note that nothing in the bill language prohibits the Panel and Peer Review Groups from reviewing such multi-year work plan proposals.

BPA's annual fish and wildlife budget for the Council's program totals well over $100 million. Its purpose is to protect, mitigate, and enhance fish and wildlife populations along the Columbia and Snake River system. The Managers recognize that the Columbia Basin Fish and Wildlife Authority (CBFWA) is presently responsible for prioritizing Council program measures and making recommendations to the Council on projects to be funded through BPA's annual fish and wildlife budget. The Managers understand that each year roughly four hundred proposals are submitted for review by CBFWA in order to receive funding from BPA's annual budget. CBFWA's advice is important. CBFWA members, however, are also the Federal and State fish and wildlife agencies and the tribes who financially benefit from the program. The Managers believe that independent scientific review would remove any suggestion of conflict of interest in prioritizing programs, and add an important element of independent scientific review to the Council decision making process.

The bill language seeks to ensure that Northwest ratepayer dollars are being spent in a cost effective and objective manner. The bill language requires that the Council establish, from a list submitted by NAS, Scientific Peer Review Groups to assist the Panel in making its recommendations to the Council. Projects shall be reviewed based upon the following criteria: projects benefit fish and wildlife in the region; have a clearly defined objective and outcome; and are based on sound science principles.

After review of the projects by the Panel and Peer Review Groups, the Panel shall submit its recommendations on project priorities to the Council for consideration. The Council shall make the Panel's recommendations available to the public for review.

The Council shall review recommendations of the Panel, the Columbia Basin Fish and Wildlife Authority, and others, in making its final recommendations to BPA of projects to be funded through BPA's annual fish and wildlife budget. If the Council does not follow the advice of the Panel, it is to explain in writing the basis for its decision. The Managers understand that ocean conditions are a contributing factor to the health of fish and wildlife populations in the region, and have directed the Council to consider the impacts of ocean conditions in making its recommendations to BPA to fund projects. Bill language also directs the Council to determine whether project recommendations employ cost effective measures to achieve its objectives. The bill language expressly states the Council, after review of Panel and other recommendations, has the authority to make final recommendations to BPA on project(s) to be funded through BPA's annual fish and wildlife budget.

The provision shall go into effect upon the date of enactment, and the Managers intend that the provision be used to start the planning process for the expenditure of BPA's FY98 fish and wildlife budget. This provision shall expire on September 30, 2000.

SEC. 513- The conference agreement includes language renaming Cooper Lake in Texas as the `Jim Chapman Lake.'

SEC. 514- The conference agreement includes language naming a dam on the Rogue River in Jackson County, Oregon, as the `William L. Jess Dam and Intake Structure.'

SEC. 515- The conference agreement includes language designating a portion of the Red River in Louisiana as the `J. Bennett Johnston Waterway.'

GENERAL PROVISIONS NOT ADOPTED

The conference agreement deletes language proposed by the House prohibiting the Tennessee Valley Authority from imposing a performance deposit in connection with permits issued for docks and other residential shoreline alterations.

The conference agreement deletes language proposed by the Senate pertaining to the authority of the State of Oregon to enter into memorandum of understanding with the State of Washington to address issues regarding the Hanford Reservation.

The conference agreement deletes language proposed by the Senate which gives the State of Oregon an opportunity to review and comment on certain remedial actions at the Hanford Nuclear Reservation in the State of Washington.

The conference agreement deletes language contained in sections 507 and 508 of the Senate bill which would have deferred principal and interest payments for one year on the water service contracts for the Nueces River and Canadian River projects in Texas.

The conference agreement deletes language proposed by the Senate, the text of S. 534, to provide authority for states to limit the interstate transportation of municipal solid waste and to provide for state and local government control of the movement of municipal solid waste and recyclable material.

The conference agreement deletes language proposed by the Senate expressing the sense of the Senate regarding a United States semiconductor trade agreement with Japan.

CONFERENCE TOTAL--WITH COMPARISONS

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

New budget (obligational) authority, fiscal year 1996 $19,935,654,000
Budget estimates of new (obligational) authority, fiscal year 1997 20,648,952,000
House bill, fiscal year 1997 19,838,990,000
Senate bill, fiscal year 1997 20,736,858,700
Conference agreement, fiscal year 1997 20,401,108,000
Conference agreement compared with:
New budget (obligational) authority, fiscal year 1996 +465,454,000
Budget estimates of new (obligational) authority, fiscal year 1997 -247,844,000
House bill, fiscal year 1997 +562,118,000
Senate bill, fiscal year 1997 -335,750,700

John T. Myers,
Harold Rogers,
Joe Knollenberg,
Frank Riggs,
Rodney P. Frelinghuysen,
Jim Bunn,
Mike Parker,
Bob Livingston,
Tom Bevill,
Vic Fazio,
Jim Chapman,
Peter J. Visclosky,

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

Managers on the Part of the Senate.



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