ML20211K257

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Provides Listed Changes to 10CFR76 Rulemaking Plan
ML20211K257
Person / Time
Issue date: 09/19/1996
From: Nader Mamish
NRC
To: Nielson C
NRC
Shared Package
ML20008B475 List:
References
FRN-62FR6664, RULE-PR-2, RULE-PR-40, RULE-PR-70, RULE-PR-76 AF56-2-021, AF56-2-21, NUDOCS 9710090187
Download: ML20211K257 (26)
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--From Nader Hamish-To s : 'TWD2.TWP9.CWN Date 9/19/96 4:23pm

~ Subjects- . Changes for Part 76 Rulemaking Chuch, Here are the OE changes:

1. Need to modify 10 CFR 2.201(a) to read: "In response to ... conditions of

-a license or a certificate or an order ,.."

'. . 2. Need to modify 10 CFR 2.201(b) to read: "The notice may

....as to why the .-1 license or the certificate should not be modified ..."= l

-l

3. Need to modify 10 CFR 2.204 (b) . to read: "A licensee or a. certificate.

holder- "

4 .- Add language to Page 9 as follows: "A new supplement, Supplement-IX, Fuel.

Cycle and Gaseous Diffusion Plant Operations, provides examples.of, violations that should be categorized at Severity Levels I, II, III, and IV. The supplement recognizes-that violations have differing degrees of-safety

' significance. As reflected in the severity levels, safety significance includes actual safety consequence,-potential safety-consequence, and regulatory significance."

9710090187 971003 PDR PR 2 62FR6664 ,

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. PUBLIC LAW 104-206-SEPT, 30,1996 j i 1

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I ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT,1997 3krJH O.9r C.gt)

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110 STAT,2984 PUBLIC LAW 104-20G-SEFI' 30,1996 1h li 4

.1. a Public Law 104-206 104th Congress An Act

! Sept. 30,1996 Making appropriations for energy and water development for the tiscal year ending ill.R. 3616] September 30,1997, and for other purposes.

De it enacted by the Senate and House of Representatists of Energy and the United States of Amenca in Congress assembled, That the l Water following sums are appropriated, out of any money in the Treasury f'

$jf*'",'n, not otherwise appropriated, for the fiscal year ending September 1997 . 30,1997, for energy and water development, and for other purposes, namely:

TITLEI DEPARTMENT OF DEFENSE--CIVIL DEPARTMENT OF THE ARMY CoaPs or ENGINEERS-CIVIL The following appropriations shall be expended under the direc-tion of the Secretary of the Army and the supervision of the Chief of Engineers for authorized civil fsuctions 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, mis-cellaneous investigations, and, when authorized by laws, surveys and detailed studies and plans and specifications of projects prior to construction, $153,872,000, to remain available until expended, of which funds are provided for the following projects in the amounts specified:

Norco Bluffs, California, $180,000; San Joaquin River Basin, Caliente Creek, California,

$150.000:

Tampa Harbor, Alafia Channel, Florida, $100,000; Lake George, Hobart, Indiana, $100,000:

Little Calumet River Basin, Cady Marsh Ditch, Indiana, .

$200.000; Tahoe Basin Study, Nevada and California, $100,000:

Barnegat Inlet to Little Egg Harbor inlet, New Jersey,

$300,000;

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PUBLIC LAW 104-206-SElvl', 30,1996 110 STAT,2985 Brigantine Inlet to Great Egg liarbor 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 Jerse ,, $245,000; South Shore of Staten Island, New York, $20  ;

Mussers Dam, Middle Creek, Snyder County, 'ennsylvania,

$450,000; Rhode Island South Coast, liabitat 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 Virginie, $700,000, CONSTRUCTION, CENERAL 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 construc-i tion), $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, 1

Mississippi River, Illinois and Missouri, Lock and Dam 14, Mis-l sissippi River, Iowa, and Lock and Dam 24, Mississippi River Illinois and Missouri projects, and of which funds are provided for the following projec,ts in the amounts specified:

Red 1tiver Emergency Bank Protection, Arkansas,

$3,000,000:

San Timoteo Creek (Santa Ana River Mainstem),

Califomia, $7,000 000; Indianapolis dentral Waterfront, Indiana, $7,000,000; Indiana Shoreline Erosion, Indiana, $2,200,000:

Harlan (Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River), Kentucky, $18,000,000; Martin County (Levisa and Tu River and Upper Cumberland River),g Forks Kentucky, of the Big Sandy

$350,000; Middlesboro (Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River), hentucky, $2,500,000; Pike County (Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River), hentucky, $2,000,000:

Town of Martin (Levica and Tug Forks of the Big Sandy River and Upper Cumberland River), Kentucky, $300,000; Williamsburg (Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River), Kentucky, $4,050,000; Salyersville Kentucky, $3,000,000; .

Lake Pontchartrain and Vicinity, Louisiana, $17,025,000; Lake Pontchartrain (Jefferson Parish) Stormwater Dis-charge, Louisiana, $4,750,000; Red River below Denison Dam Levee and Bank Stabiliza-tion, Louisiana, Arkansas, and Texas, $100,000;

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l 110 STAT,2986. PUBLIC LAW 104-206-SEPT 30,1996 i

A Red River Emergency Bank Protection, Louisiana, m M $3,400,000; ;

Glen Foerd, Pennsylvania, $800,000; South Central Pennsylvania Environmental Restoration iU}i Infrat.tructure and Resource Protection Development Pilot Pro-1 gram, Pennsylvania, $7,000,000; Seekonk River, Rhode Island Bridge removal, $650,000; Wallisville Lake, Texas, Richmond Filtration $7,500,000; $3,500,000; Plant. Virginia, Virginia Beach, Virginia, $8,000,000; Hatfield Bottom (Levisa and Tun Forks of the Big Sandy River and Upper Cumberland River), West Virginia, $1,300,000; Lower Mingo (Kermit) (Levisa and Tug Forks of the Big

. Sandy River and Upper Cumberland River), West Virginia,

$4,000,000; Lower Mingo, West Virginia, Tributaries Supplement,

$105,000; and Upper Mingo County (Levisa and Tug Forks of the Big Sandy

$3,500,000: RiverProcided, and Upper That Cumberland of the funds River),ded provi for the RedWest Virginia, River Waterway, Mississippi River to Shreveport, Louisiana, project, $3,000,000 is provided, to remain available until expended, for design and construction of a regional visitor cen-ter in the vicinity of Shreveport, Louisiana at full Federal expense: Pro;;ided further, That the Searetary of the Army, acting through the Chief of Engineers, is directed to use

$1,000,000 of the funds appropriated in Public Law 104-46 for construction of the Ohio River Flood Protection, Indiana, project: Providedfurther, That the Secretary of the Army, acting through with State, thecounty, Chief ofand Engineers, city officials and in consultation withis directed, in cooperation the Des Moines River Greenbelt Advisory Committee, to provide l highway and other signs appropriate to direct the public to the bike trail which runs from downtown Des Moines, Iowa, to the Big Creek Recreation area at the Corps of Engineers Saylorville Lake project and the wildlife refuge in Jasper and Marion Counties in Iowa authorized in Public Law 101-302:

lowa. Provided further, That any law, regulation, documents or record Reenat'on and

'"""""*l of the United States in which such projects are referred to shall he held to refer to the bike trail as the Neal Smith E"ils Bike Trail and to such centers as the '; sal Smith Prairie

, Wildlife Learning Center: Providec'further, That the Secretary i

is directed to initiate construction on the Joseph G. Minish project; furthermore, Historie the Secretary Waterfront may transferPark, notNew Jersey,$900,000 from General to exceed Investigations appropriations made in' title I of the Energy and Water Development Appropriations Act, Public Law 103-l 126 (107 Stat.1313) for the Passaic River, Mainstem, New

Jersey, to Construction. General for the Joseph G. Minish His-l project and that the j

toric CommitteesWaterfront Park, New Jersey, on Appropriations of theHouse and Senate shall i be promptly advised of such transfer: Provided further, That .

of the funds provided herein, $1,000 000 shall be for payment to the Kansas City Southern Industries, Inc., in partial I reimbursement of costs associated with the relocation and modi-( fication of the Louisiana and Arkansas (L&A) Railway Bridge at Alexandria, Louisiana, for navigation requirements of the 4

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PUBLIC IAW 104-206-SEPT. 30,1996 110 STAT, 2987 Red River navigation project: Provided further. That using

$500,000 of the funds appropriated for the Passaic River Mainstem, New Jersey project under the heading " General Investigations" in Pubh,c Law 103-126, the Secretary of the acting-through the Chief of Engineers, is directed to Army, begin implementation of the Passaic River Preservation of Natural Storage Areas separable element of the Passaic River Flood Reduction Project, New Jersey Provided further, That the Secretary of the Army, acting through the Chief of Engi-neers, is authorized and directed to initiate construction on the following projects in the amounts specified:

Humboldt 11 arbor, 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 Cit , Kentucky, $1,500,000; Natchez Bluff, Mississip , $4,500,000; ebraska, $1,000.000; Wood New York River, Grand Isle'ed, New York, $1,000,000; City Watersh Duck Creek, Cincinnati, Ohio, $466,000; Saw Mill Run, Pittsburgh, Pennsylvania, $500,000;

- West Virginia and Pennsylvania Flooding, West Virginia and Pennsylvania, $1,000,000-Upper Jordan River, Utah, $500,000; San Juan Harbor, Puerto Rico, $800,000; and Allendale Dam, Rhode Island, $195,000: Provided further, That no fully allocated funding policy shall apply to construction of the projects listed above, and the Secretary of the Army is directed to undertake these projects using continuing con-tracts where sufficient funds to complete the projects are not available from funds provided herein or in pnor years.

FLOOD CONTROL, h!!SSISS!PPI R!VER AND TR!!)tJTARIES, ARKANSAS, ILLINOIS, KENTUCKY, LOUIS!ANA, h!!SSISS!PPI, hilSSOl'RI, 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 b 526: Provided further,y Thatthe Flood Controlthe notwithstanding Actfunding of 1946, Public Law 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 pre-viously appropriated to complete remedial measures to prevent slope instability at Hickman Bluff, Kentucky, OPEP.ATION AND htAINTENANCE, GENERAL

- For expenses r.ecessary for the preservation, operation, mainte- ,

nance, 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 l

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110 STAT,2988 PUBLIC LAW 104-206-SEFP, 30,1996

+J needs of general commerce and navigation; surveys and charting

.7; )$ of northern and northwestern lakes and connecting waters; clearing and straightening channels; and removal of obstructions to naviga-

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  • tion, $1,697,015,000, to remain available until expended, of which i such sums as become available in the 11 arbor hiaintenance 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 Conse:Tation Act of 1965, as amended (16 U.S.C. 4601), may be derived from that fund for construction, operation, and maintenance of outdoo* recre-ation facilities, and of which funds are provided for the following projec;s in the amounta specified:

Raystown Lake, Pennsylvania, $4,190,000; and Cooper Lake and Channels Texas, $2,001,000:

Provided, That using $1,000,000 of the funds appropriated herein, the Secretary of the Army, acting through the Chief of Engineers, is directed to design and construct a landing at Guntersville Ala-bama, as described in the h1 aster Plan Report of the Nashville 1

District titled "Guntersville Landing" dated June,1996: Provided further That the Sect, w ' of the Army is directed to design and imp',ement at full Fedem expense an early flood warning system for the Greenbrier and Cheat River Basins, West Virginia within eighteen months from the date of enactment of this Act: Provided further, That the Secretary of the Army is directed during fiscal year 1997 to maintain a minimum conservation pool level of 475.5

} at Wister Lake in Oklahoma: Provided further That no funds, i;

whether appropriated, contributed, or otherwise provided, shall be i available to the United States Army Corps of Engineers for the purpose of acquiring land in Jasper County, South Carolina, in connection with the Savannah Harbor navigation project: Provided further, That the Secretary of the Army is directed to use $600,000 of funding provided herein to perform maintenance dredging of the Cocheco River navigation project, New Hampshire, REGULATORY PROGRAM For expenses necessary for administration of laws pertaining to regulation of navigable waters and wetlands, $101,000,000, to remam 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 Coimty, 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, ks

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PUBLIC LAW 104-206-SEPT. 30,1996 110 STAT. 2989 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 omces as directed in title 1, 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 Omce of the Chief of Engineers or the executive direction and management activities of the Division Omces: Provided further, Pian.

That with funds provided herein and notwithstanding any other provision of law, the Secretary of the Army shall develop and i

submit to the Congress (including the Committee on Environment and Public Works of the Senate and the Committee on Transpor-l

tation and Infrastructure of the House of Representatives) within 60 days of enactment of this Act, a plan which reduces the number of division omees within the United States Army Corps of Engineers to no less than 6 and no more than 8, with each divismn responsible for at least 4 district offices, but does not close or change any civil function of any district omec
Procided further, That notwith-standing 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 $1500,000 may be transferred to this account from any other appropr,iation account in this title.

ADMINISTRATIVE PROVISION Appropriations in this title shall be available for official recep-tion and representation expenses (not to exceed $5,000); and during i 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 rnotor vehicles.

GENERAL PROVISIONS corps or ENolNEERS--CIVIL SEC.101. (a) In fiscal year 1997, the Secretary of the Army contracts 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 j contained in the Revolving Fund of the Army Corps of Engineers, may repair be used of the Federato study,l vessel, McFARLAND, except for normaldesign or undertake improv 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 s'ction 101(aK25) of the Water Resources Develop.

ment Act of 1990 (Public Law 101-040,104 Stat. 4610) is modified to authorize the Secretary of the Arny to construct the project at a total cost of $26,200,000, with an estimated first Federal ui

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110 STAT. 2990 PUBLIC LAW 104-206-SEM', 30,1996 4 '

cost of $20,300,000 and an estimated first non Federal cost of e $5,900,000.

_ SEC.104. The project for navigation, Grays Landing Lock and j7 _

1-Dam, Monongahela River, Pennsylvania (Lock and Dam 7

., Replacement), authorized by section 301(a) of the Water Resources i Development Act of 1986 (Public Law 99-662,100 Stat. 4110) is modified to authorize the Secretary of the Army to construct the project at a total cost of $181,000,000, with an estimated first

, Federal cost of $181,000,000.

Effective date. 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 authon, zed to reprogram, obligate and expend such additional sums as are necessary to continue construction and cover antici-pated contract earnings of any water resources project that received an appropriation or allowance for construction in or through an appropnations 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 Rivertront (Haddad) Park Project, West Virgmia, as described in the design memorandum approved November,1992, on a 50-50 cost-share basis with the City. The Corps of Cngineers shall pay one-half of all costs for settling contracte claims on

' the completed project and for completing the wharf. Qe lederal portion of these costs shall be obtained by reprogramming available Operations & Maintenance funds. The project cost limitation in i

t the Project Cooperation Agreement shall be increased to reflect the actual costs of the completed project.

' SEC.108. The flood control project for Arkansas City, Kansas authorized by section 401(a) of the Water Resources Development Act of 1986 (Public Law 99-662,100 Stat. 4116) is modified to authorize the Secretary of the Army to construct the project at a total cost of $38,500,000, with an estimated first Federal cost of $28,100,000 and an estimated first non Federal cost of

$10,400,000.

SEc.109, Funds previously provided under the Fiscal Year 1993 Energy and Water Development Appropriations Act, Public Law 102-377, for the Elk Creek Dam, Oregon made available to plan and implement longterm project, are hereby 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 projec; 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 fa.m the existing Federal channel in the vicinity of the Hudson City Light to the north dock at Union Street, Athens, New York a .,

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PUBLIC LAW 104-206-SEPT. 30,1996 110 STAT. 2991 I i

, SEC.111. Section 109(a) of Publu Law 104-46 (109 Stat. 408) i with regard to Prestonsburg, Kentucky, is amended by striking

  • hlodification No. 2" and inserting *hiodification No. 3",

a SEc.112. The emergency gate construction project for Abiquiu Dam, New hicxico, 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 Enginocrs, to construct the project at an estimated total cost of $7,000,000. The non Federal share of the pioject 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.

TITLr n DEPARThiENT OF Tile INTERIOR CENTRAL UTAll PROJECT CENTRAL LTTAll 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 hiitiga-tion and Conservation Account: Provided, That of the amounts deposited into the Account, $5,000,000 shall be considered the Fed.

eral contribution authorized by paragraph 402(bX2) of the Act and

$11,700,000 shall be available to the Utah Reclamation hiitigation and Conservation Commission to carry out activities authorized under the Act.

In addition, for necescary expenses incurred in carrying out responsibilities of the Secretary of the Interior under the Act,

$1,100,000, to remain available until expended.

BUREAU or 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 there-to) and other Acts applicable to that Bureau as follows:

GENERAL INVESTIGATIONS For engineering and economic investigations of proposed Fed-eral 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 wailable until expended:

Provided, That of the total appropriated, tne 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

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! 110 STAT. 2992 PUBLIC LAW 104-206-SEPT 30,1996 e-j to complete the appraisal study and initiate preconstruction j engineering and design for the Del Norte County and Crescent i 1 City, California, Wastewater Reclamation Project, and $250,000 4

L, shall be available to complete the appraisal study and initiate preconstruction engineering and des,ga i for the Fort Bragg, California, Water Supply Pro,),ect.

-l CONSTRUCTION PROGRAM (INCLUDING TRANSFER OF FUNDS) f 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 Decem-ber 21,1928, as amended: Provided, That of the total appropriated,

,- the amount for program activities which can be Gnanced by the

!. reclamation fund shall be derived from that fund: Provided further, t" 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 Provided further That funds contnbuted by non Federal heading:for entities purposes similar to this appropriation shall be available for expenditure for the purposes for which contributed as though 1

specifically appropriated for said purposes, and such funds shall

remain available until expended
Provided further, That all costs j 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 43 USC 2241. 102-250, Reclamation States Emergency Drought Relief Ac', of 1991, a is amended by inserting *1996 and 1997" in lieu of "and 1996":

f

' Provided further, That the am,ount authorized by section 210 of Public Law 10(b557 (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 Reli-ability Investigation, the Bureau of Reclamation is directed to com-plete, 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 4

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PUBLIC LAW 104-206-SEPT, 30,1996 110 STAT, 2993 i

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 appro-printed, 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. 4601-Ga, as amended), may be derived from that fund: Provided further, That funds adsanced 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 remam available until expended: Provided further, That reve-nues 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.

IlUREAU OF RECLAMATION LOAN PROGRAM ACCOUNT For the cost of direct loans and/or grants, $12,290,000, to l remain available until expended, as authorized by the Small Rec-lamation PrMo'ects Act of August 6,1956 as amended (43 U.S.C.

. 422a-4221): roeided. That such costs, including the cost of modify.

ing such loans, shall be as defined in section 502 of the Congres-sional 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 amou,nt of program activi-ties 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 provis'ons of the Central Valley Project Improvem,ent Act, such sums as may be collected in the Central Valley Project Restoration Fund pursuant to sections 3407(d),3404(cX3),3405(f), and 3406(cX1) of Puolic Law 102-575, to remain available until expended: Provided That the Bureau of Reclamation is directed to levy additional mitigation and restora-tion 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.

GENEIULL 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

- the reclamation fund and to be nonre,000,000, to be imbursable derivedtofrom pursuant 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 adminis-trative expenses.

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, 110 STAT,2994 PUBLIC LAW 104-20G-SEPT. 30,1990 f.,

y SPECIAL FUNDS j- [ cmANSFER OF FUNDS) l_ 3 [ Sums herein referred to as being derived from the reclamation i

l p; fund or special fee account are appropriated from the special funds in the Treasury created by the Act of June 17,1902 (43 U.S.C.

i' '

391) or the Act of December 22,1987 (16 U.S.C. 4601-6a, as j-

' respectively, Such sums shall be transferred, upon amended)f request o the Secretaryd the heads herein specifie ,

to be merged with and expended under ADh!!NISTRATIVE PROVISION I

Ap opriations for the Bureau of Reclamation shall be available for purchase of not to exceed 6 passenger motor vehicles for replace-ment only, TITLE III DEPARTMENT OF ENERGY ENERGY PROGRAh!S ENERGY SUPPLY, RESEARCll AND DEVELOPMENT ACTIVITIES 1 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 m carrymg out tne purposes of the Department of Energy Organization Act (42 U.S.C. 7101, et seq.),

q including the acquisition er ccndemnation of any real property l or any facility or for plant or facility acquisition, construction

or expansion; purchase of passenger motor vehicles (not to exceed 24 for replacement only), $2,710,908,000, to remain available until expended, p URAN 1Uh1 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 ura-l nium 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), meluding 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 availabic 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): Proeided 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.

}

- . , ~ . . . - - .

PUBLIC LAW 104-20G-SEPT,30,1996 110 STAT,2995 Section 161k. of the Atomic Energy Act of 1954 (42 U.S.C. Kentucky.

2201k) with respect to the Paducah Gaseous Diffusion Plant, Ken. Oh tucky, and the Portsmouth Gaseous Diffusion Plant, Ohio, the C'*d'h""

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 Privatiration Act (Public Law 104-134, title Ill, chapter 1, subchapter A) insert the following: A=#c,p.1321

"(3) The Corporation shall pay to the Thrin Savinga Fund 3#-

such employee and agency contributions as are required or authorized by sections 8432 and 8351 of title 5, United States Code, for employees who elect to retain their coverage under CSRS or FERS pursuant to paragraph (1),",

URANIUM ENRIC11 MENT DECONTAMINATION AND DECOMMISSIONING TUND For necessary expenses in carrying out uranium enrichment facility decontamination and decommissioning, remedial actions and other activities of title 11 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 RESEARCll ACTIVITIES For expenses of the Department of Energy activities including the purchase, construction and acquisition of plant and capital t

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 fucility or for plant or facility acquisition, cos,struction, or expansion,

$996,000,000, to remain available until expended f

NUCLEAR WASTE DISPOSAL TUND 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 pay-ment, grant, or other means for financial assistance under section 110 of the Nuclear Wasto Policy Act of 1982, as amended: Provided

[urther, That th foregoing proviso shall not apply to payments ,

m lieu of taxes under section 116(cX3XA) of the Nuclear Waste Policy Act of 1982, as amended: Provided further, That no later Auenment than September 30,1998, the Secretary shall provide to the Presi. 42 Usc 10134 dent and to the Congress a viability assessment of the Yucca "" -

Mountain site, The viability assessment shall include:

(1) the preliminary design conce for the repository and waste package;pt for the critical elements (2) a total system performance assessment, based upon the design concept and the scientific data and analysis available

i

~ - - ' ~ ' ' - ' - '

~~

i 110 STAT,2096 PUBLIC LAW 104-20G-SEPT. 30,1906 p by September 30 1998, describing the probable behavior of gi the repository in the Yucca Mountain geological setting relative J to the overalf system performance standards; -

9 (3) a plan and cost estimate for the remaining work

.g required to complete a license application; and (4) an estimate of the costs to construct and operate the

]J repository in accordance with the design concept.

DEPARTMENTAL. ADMINISTRATION

  • For salaries and expenses of the Department of Energy nec-essary for Departmental Administration in carrying out the pur-poses 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 amoun,ts 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.):

Procided, That such increases in cost of work are offset by revenue inercases of the same or greater amount, to remain available until expended: Procided further, That moneys received by the Depart-ment 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 o(Public Law 95-238, notwithstanding the provisions of 31 U.S.C. 3302: Procided further, That the sum herem appropriated shall be reduced by the amount of miscel?ane-ous revenues received during fiscal year 1997 so as to result in a final fiscal year 1997 appropriation from the General Fund esti-mated at not more than $89,633,000.

OFFICE OF Tile INSPECTOR GENERAL For necessary expenses of the Office of the Inspector General in carrying out the provisions of the Inspector General Act of h 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 acthi.

ties 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 l restoration and waste management activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C.

6-i *

- . ~ . - . - . - -

PUBLIC LAW 104-206-SEl'I'. 30,1990 110 STAT. 2997 7101 real , property or any facilitet seq.), including the acquisition or condemnation of any construction, or expansion;and y orthe forpurchase plant or of facility acquisition, psasenger motor vehicles (not to excead 20, of which 19 are fnr replac:= ment only),

$5,459,304,000, to remain available until expended and,in addition,

' $100,000,000 for privatization initiatives, to remain available until expended.

OTilER DEFENSE ACTIVITIPS For Department of Energy expenses, including the purchase construction and acquisition of phant and capital e other expenses necessary for atomic energyother defense,quipment defense and 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 ADhtlNISTRATIONS OPERATION AND h1AINTENANCE, ALASKA POWER ADh!!NISTRATION For necessary expenses of operation and maintenance of projects in Alaska and of marketing electric power and energy, i

$4,000,000, to remain available until expended.

BONNEVILLE POWER ADh!!NISTRATION FUND Expenditures from the Bonneville Power Administration Fund,

! established pursuant to Public Law 93-454, are approved for ofTicial 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 htAINTENANCE, SOUTIIEASTEILN POWER ADht!NISTRATION 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 7 area, $16,359,000, to remain available until expended.

{ OPERATION AND htAINTENANCE, SOUTl! WESTERN POWER j ADh!!NISTRATION '

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, sub, stations and appurtenant facilities, and for ak..mistrative expenses,

- - . - -- . - - - . - . . . - - - - - - - - - - . - ~ .

f

-- _ _ _ . _ .., c . _ _ _ _ _ , . _ _ , , .___,,,,,,g _

l l

4 i- _3: 110 STAT,2998 PUBLIC LAW 104-206-SEPT, 30,1996 V

c

&E including official- reception and representation expenses in an 1 amount not to exeecd $1,500 in carrying out the provisions of

.i t section 6 of the Flood Control Act of 1944 (16 U.S.C 825s), as applied to the southwestern power area, $25,210,000, to remain 4,

available until expended; in addition, notwithstanding the provi.

, s: sions 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

{ j (INCLUDING TRANSFER OF FUNDS)

] For carrying out the functions authorized b 302(aXIXE) of the Act of August 4, 1977 (42 U.$y .C.title 7101,III, etsection seq.),

and other related activities including conservation and renewable 4

resources programs as authorized, including official reception and

  1. representation expenses in an amount not to exceed $1,500,

' $193,582,000, to remain available until expended, of which 4

$185,687,000 shall be derived from the Department of the Interior Reclamation Fund: Provided, That of the amount herein appro.

  • priated, $5,432,000 is for deposit into the Utah Reclamation Mitiga.

tion and Conservation Account pursuant to title IV of the a Reclamation Pro Provided further,jects That the Authorization Secretary ofand Adjustment the Treasury Act of 1992:

is authorized

- 7' to transfer from the Colorado River Dam Fund to the Western o Area Power Administration $3,774,000 to carry out the power marketing and transmission activities of the Boulder Canyon project as prdded in section 104(aX4) of the Hoover Power Plant Act j of 1984, to remain available until expended.

j. FALCON AND AMISTAD OPERATING AND MAINTENANCE FUND 4

! For operation, maintenance, and emergency costs for the hydro-electric facilities at the Falcon and Amistad Dams, $970,000, to L remain available until expended, and te be derived from the Falcon f- and Amistad Operating and Mafatenance Fund .of the Western Area Power Administration, as provided in section 423 ti the For-l cign Relations Authorization Act, fiscal years 1994 and 1905.

{. : FEDERAL ENERGY REGULATORY COMMISSION

SALARIES AND EXPENSES 1

For necessary expenses of the Federal Energy Regulatory l Commission to carry out the provisions of the Department of Energy-Organization Act (42 d.S.C. 7101, et seq.), including services as r

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, 42 t'Sc ;171 . That notwithstanding any other provision of law, not to exceed

. now ' $146,290,000 of revenues from fees and annual charges, and other .

j services and collections in fiscal year 1997 shall be retained and i

e 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 appropria-

, tion from the General Fund estimated at not more than $0.

l 1 f h a

5

.- . - , - . - , . e a -- , , --- , . . -

w,m++- _ . _ . _ - . - -.-

,4 PUBLIC LAW 104-206-SEl'I'. 30,1996 110 STAT. 2999 ,

1  !

GENERAL PROVISIONS 1

PRIORITY PLACEMENT, JOB PLACEMENT, RETRAINING, AND COUNSEL-ING PROGRAMS FOR UNITED STATES DEPARTMENT OF ENERGY EMPLOYEES AFFECTED BY A REDUCTION IN FORCE l

SEC. 301. (a) DEFINITIONS.- 42 USC 4237.

(1) For the purposes of this section, the term " agency" i means the United States Department of Energy.

(2) For the purposui of this section, the term "cligible h, employee" means any employee of the agency who-(A) is scheduled to be separated from service due to a reduction in force under-(i) regulations prescribed under sectio, 3502 of title 5, Umted States Code; or (ii) procedures established under section 3595 of title 5, United States Code; or i (B) is separated from service due to such a reduction l in force, but does not include-(i) an empl,oyee separated from service for cause on charges of misconduct or delinquency; or (ii) an employee who, at the time of separation, meets the age and servico requirements for an imme-diate anh1ity under subchapter Ill of chapter S3 or chapter 84 of title 5 United States Code.

(b) PRIORITY PLACEMENT AND RETRAINING PROGIMM.-Not later Estabbshment.

t than 30 days after the date of the enactment of this Act, the United States Department af Energy shall establish an agenev-wide priority placement and retraining program for eligible employees.

(c) The priority placement program established under sub-section (b) shall include provisions under which a vacant position shall not be filled by the appointment or transfer of any individual from outside of the agency if-(1) there is then available any eligible employee who applies for the position within 30 days of the agency issuing a job announcement and is qualified (or can be trained or retrained to become qualified within 90 days of assuming the position) for the position; and (2) the position is within the same commuting area as the eligible employee's last-held position er residence.

(d) Jon PLACEMENT AND COUNSELING SERVICES.-The head of the agency may establish a program to provide job placement and counseling services to eligible employees. A program established under subsection (d) may include, but is not limited to, such services as-(1) career and (2) training end personal job scarchcounseling; skills; an d (3) job placement assistance, including assistance provided through cooperative arrangements with State and local employ-ment services offices.

SEC. 30.. None of the funds appropriated by this or any other 42 UsC m2 Act may be used to implement section 3140 of H.R. 3230 as reported note by the Committee of Conference on July 30,1996. The Secretary Plan of Energy shall develop a plan to reorganize the field activities and management of the national security functions of the Depart-ment of Energy and shall submit such plan to the Congress not later than 120 days after the date of enactment of this Act. The di

..~_...mt em-  % ,,sm

.%we

-- wee wvtw 1

i 110 STAT. 3000 - PUBLIC LAW 104-206--SEPT. 30,- 1996 plan will specifically identify all significant functions performed by the Department's national security operations and area ofTices

${, and be make recommendations performed. as to where those functions should 1

- r TITLE IV INDEPENDENT AGENCIES l APPALACHIAN REGIONAL COMMISSION 4211Sc app. 401 i

=A For expenses necessary to carry out the programs authorized by the Appalachian Regional Development Act of 1965, as ameneled, notwithstanding section 405 of said Act, and for necessary expenses l for the Federal Co-Chairman and the alternate on the Appalachian Regional Commission and for payment of the Federal share of the administrative expensea 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 FAclLmES SAFETY BOARD SALARIES AND EXPENSES s

1 For necessary expenses of the Defense Nuclear Facilities Safety Board in carrying out activities authorized by the Atomic Energy Act of 1954, at amended by Public Law 100-456, section 1441,

{i F

$16,000,000, to remain available until expended. ,

NUCLEAR REGULATORY COMMISSION SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS)

Fcr necessary expenses of the Commission in carrying out o the purposes of the Energy Reorganization Act of 1974, as amended, and the Atomic Energy Act of 1954, as amended, including the fj l.

. employment of aliens; services authcrized by 5 U.S.C. 3109; publica-i tion and dissemination of atomic information; purchase, repair,

~j .

exceed $20,000); reimburs;ements to the General Services Adminis.an tration for security guard services; hire of passenger motor vehicles and aircraft, $471,800,000 to remain available until expended:

Provided, That of the am,unt o 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 sumt, so transferred may be merged with the appropriation to.which transferred: Provided further. That moneys received by the Commis- .

sion for the cooperative nuclear safety research program, services rendered to foreign governments and international orgapizations and the material and information access authorization programs,,

including criminal history checks under section 149 of the Atomic Energy Act may be retained and used for salaries and ex associated with those activities, notwithstanding 31 U.S.C.penses 3302, and shall remain availtble until expended: Provided further, That revenues from licensing fees, inspection cervices, and other services

)- .

j e

1'

[ PUBLIC LAW 104-206--SEP'I'. 30,1996 110 STAT. 3001 1

and collections estimated at $457,300,000 in fiscal year 1997 shall be retained and used for necessary salaries and expenses in this account, notwit'istanding 31 U.S.fl. 3302, and shall remain avail-able until expended: Proeided further, That the funds herein appro-priated for regulatory reviews and other activities pertaining to waste stored at the llanford site, Washington, shall be excluded from license fee revenues notwithstanding 42 U.S.C. 2214: Provided further. That the sum herem appropriated shall be reduced by h

e the amount of revenues received durmg fiscal year 1997 from licens-ing fees, inspection services and other services and collections, l excluding those moneys received for the cooperative nuclear safety research program, services rendered to foreign governments and f, internatio.tal 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 INSPECTCR GENERAL (INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Oflice of Inspector General in l carrying out the provisions of the Inspector General Act of 1978, i as amended, including services authorized 5 U.S.C. 3109,

$5,000,000, to remain available until expende ; and in addition, an amount not to exceed 5 percent of this sum may be transferred from Salaries and Expenses, Nuclear Regulatory Commission
Pro-eided, That notice of such transfers shall be given to the Committees Wuce.

on Appr,opriations of the House and Senate: Proeided further, That from this a r priation, transfers of sums may be made to other t agencies of Government for the performance of the work for l which this appropriation is made, and in such cases the sums so transferred may be merged with the appropriation to which transferred: Proeided 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 avail-able until expended: Proeided further, That the sum herein appro-

, priated shall be reduced by the amount of revenues receiud during fiscal year 1997 from licensing fees, inspection services, and other a

services and collections, so as to result in a final fiscal year 199't appropriation estimated at not more than $0.

NUCLEAR WASTE TECHNICAL Review BOARD p SALARIES AND EXPENSFS For necessary ex; nses of the Nuclear Waste Technical Review

f. Board, as authorized Public Law 100-203, section 5051,

( $2,531,000, to be derive from the Nuclear Waste Fund, and to 1- remain available until expended.

TENNESSEE VALLEY AUTilORITY 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 avail-able until expended: Proeided That of the funds provided herein,

b. 49 __

- _. ______._A - _ ._ _ _ _ _ , _ . , _ _ _ _

110 STAT,3002 e

PUBLIC LAW 104-206-SEPT, 30,1996

$15,000 000 shall be made- available for the Environmental Research Center in Muscle Shoals, Alabama: Provided further, That o

f 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 k," ,. activities: Provided further That none of the funds provided herein, i' shall be available for detailed engineering and design or construct-ing a replacement for Chickamauga Lock and Dam on the Tennessee River System.

?

TITLE V t

GENERAL PROVISIONS SEC, 501. (a) PURCHASE OF AMERV 4

?. FADE EQUIPME.VT AND PRODUCTS.-It is the sense of the ,Cor.A. that, to the grestest atent practicable, all equipment and products purchased with funds made available in this Act should be American made, (b) Norice 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

!4 describing the statement made in subsection (e) by the Congress.

(c) pro 111BITION OF CONTRACTS WITH PERSONS l?ALSELY LABEL-INO PRODUCTS AS MADE IN AMERICA.-If it has been finally deter-mined by a court or Federal agency that any person intentionally aflixed 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 debar-ment, 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 i of California of a plan, which shall conform to the water quaaty standards of the State of California as approved by the Adminis-trator of the Environmental Protection Agency, to minimite any detrimental effect of the San Luis drainage waters.

cenromia.

- (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 enti-tied " Repayment Report, Kesterson Reser.roir Cleanup Program -

and San Joaquin Valley Drainage Program, February 1995", pre-pared by the Department of the Intenor, 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.

I i

L

!i

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PUBLIC 1AW 104-206-SEPT. 30,1996 110 STAT. 3003 l

l Soc. 504. None of the funds made available in this Act may be used to revise the Missouri River Master Water Control Manual i when it is made known to the Federal entity or omcial to which '

q the funds are made available that such rwision 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 Develop- Escuve date.

' ment Appropriations Act,1991, is amended effective September Aare. p. 4 ts.

30, 1997 or upon operation of the temperature control device, by striking the proviso under the heading

  • Construction, Rehabilita-tion. Operation and Maintenance, Western Area Power Administration".

SEC. 506. The Secretary of the Interior shall extend the water contracts.

Service contracts for the following projects, entered into by the Kanas.

Secretary of the Interior under subsection (e) of section 9 of the N&ada.

Reclamation Project Act of 1939 (43 U.S.C. 485h) and section 9(c) of the Act of December for a period of 1 additional year aRer the dates on which eac22,1944 (58 Stat. 891, chapter 665)h of the contracts respectively, would expire but for this section:

(1) The Bostwick District (Kansas portion), Missouri River Basin Project, consisting of the project constructed and operated under the Act of December 22,1944 (58 Stat. 887, chapter 665), as n component of the Pick Sloan Missouri Basin Program, situated in Republic County, Jewell County, and Cloud County, Kansas.

(2) The Bostwick District (Nebraska portion), Missouri River Basin Project, consisting of the project constructed and operated under the Act of December 22,1944 (58 Stat. 887, chapter 660), as a component of the Pick-Sloan Missouri Basin Program, situated in llarlan County, Franklin County, Webster County, and Nuckolls County, Nebraska.

(3) The Frenchman Cambridge District, Missouri River Basin Project, consisting of the project constructed and operated under the Act of December 22,1944 (58 Stat. 887, chapter 665), as a compone.nt of the Pick Sloan Missouri Basin Program, situated in Chase County, Frontier County, Hitchcock County, Furnas County, and Harlan County, Nebraska.

SEc. 507. Funds made available by this Act to the Department of Energy shall be available only for the purposes for which they have been made available by this Act The Department of Energy Repo s.

shall report by February 28,1997 to the Committees on Appropria-tions of the House and Senate on the Department of Energy's L

adherence to the recommendations included in the accompanying i

i report.

SEC. 508. (a) DENIA1. OF FUNDS Fon PREVENTING ROTC Access To CAMPUS.-None of the funds made available in this Act may be provided by contract or f-;r grant (including a grant of funds to be available for student and) to a subelement of an institution of higher education when it is made knt,wn to the Federal official having authority to obligate or expend such funds that the subele-

  • ment of such institution has a policy or practice (regardless of when implemented) that prohibits, or in effect prevents-(1) the maintaining, establishing, or operation of a unit of the Senior Reserve Officer Training Corps (in accordance with section 654 of title 10, United States Code, and other s

l 110 STAT. 3004 PUBLIC LAW 104-200-SEPT. 30,19D0 epplicable Federal laws) at the subelement of such institution; or {

(2) a student at the institution (or subelement) from enroll.

Ing in a unit of the Senior Heserve Omrer Training Corps at another institution of higher education.

(b) ExcEI'rioN.-The limitation established in subscetion (a)

-4 shall not apply to an institution of higher education when it le made known to the Federal omelal having authority to obligate 3 or expend such funds that-n (1) the institution (or subelement) has ceased the polley l or practice described in such subsection; or i

(2) the institution has a longstanding polley of pacifism bared on historical religious amliation.

Sec. f>09, (a!. DENIAL OF FUNus ron PRINENTING FEDERAL.

MiuTAHY llEcHUrr!NG ON CAMI'Us.-None of the funds made avail-able 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 omelal 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 l prevents-j (11 entry to cainpuses or access to students (who are 17

' years of age or older) on, campuses, for purposes of Federal or military recruiting;he (2) access to t following information pertainin to stu.

dents (who are 17 years of age or older) for purposes of' Federal military recruitin : student names, addresses, telephone list.

dates and aces of birth, levels of education, degrees ings{ved, rece prior litary experience, and the most recent pre-vious educationalinstitutions enrolled in by the students.

(b) Excel rioN.-The limitation entablished in subsection (a) shall not apply to an institution of higher educaticn when it is made known to the Federal omelal having authority to obligate or expend such funds that-(1) the institution (or subelement) has ceased the policy or practice described in such subsection; or

(2) the institution has a longstanding policy of pacifism based on historical religious amliation. .

Sec, 510. None of the funds made available in this Act may j'

be obligated or expended to enter into or renew a contract with an er'ttty when it is made known to the Federal omcial hs.ving authority (1) such entitto obligate or expend such funds that-is otherwise a contractor with the United States and is su oct to the requirement in section 4212(d) of title 38, Uni States Code, regarding submission of an annual report to the Secretary of Labor concerning employment of certain veterans; and (2) ruch entity has not submitted a report as required

  • by that section for the most recent year for which such require-ment w?e applicable to such entity.

htary SEc, bu. The Administrator may ofter employees voluntary

  • Pratan separation incentives as deemed neecssary which shall not creced

@sN32m $25,000 Recipients who accept employment with the United States nnte. within five years after separation shall repay the entire amount ENtation date. to the Bonneville Power Administration. This authority shall expire

, ( Septemter 30,2000.

s ~ j

1 UDLIC 1AW 104-20G-SEPT,30,1990 110 STAT. 3005

' SEC. f212. Following section 4(SX10XC) of the Northwest Power Planning and Conservation Act, insert the (c!!owing new section: 16 USC antt I

(4XhX10XD) INDEPENDENT SCIENTWC IlEVIEW PANEL--(l) The nah and wildhr..

Northwest Power Planning Council (Ceanell) shall appoint an I Independent Scientific Review Panel (Panel), which shall be com. '

prised of eleven rnembers, to review projects proposed to be funde<l through that (BPA) annual n, ahportion of the ad wildlife Bonneville budget Power that it..: Administration's aments the Counell's l' fish and wildlife prvgram. Members ahall oc appoln' ad from a

, list of no fewer than % alentists submitted by the National Acad.

emy of Sciences (Academy), provided that Pacific Northwest sci.

/

entists with expertise in Columbia River anadromous and non-anndromous fish arH wildlife and ocean aperts shall be amonc l 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 Decciaber 3.,1990. If appointments are required in subsequent years, the Council shall request nomina.

tions from the Academy and the Accdemy shall provide nominationr.

not later thu 90 days after the date of this request, if the Acaderny does not provide nominations within these time requirements, the Council may appoint such members as the Council deems apprvp)riate.

(h SCIENTIFIC PE6H ILEVIEw Gnotn'tt-The Council shall c; tab-Ilsh Scientific Peer lleview 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 North-west scientists with expertise in Columbia River anadromous and pon.anadromous fish and wildlife and ocean ex those represented on the Peer Review Groups.perts shall The Academy be amonr shall provide such nominations within 90 days of the date of this enact-ment, and in any case not later than December 31,1990. If appoint.

ments are required in subsequent years, the Council shall request nominations from the Acatemy and the Academy shall provide nominations not later than D0 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 Coun-cil deems appropriate.

(iii) CONFUCT OF INTEREST AND COMPENSATION.-Panel and Peer Review Group memben may be con:pasated 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 I: with a direct or indirect financial interest in a project, or projects, 4 shall recuse himself or herself from review of, or recommendations a associated with, such project or projects. All expenses of the Panel and the Peer Review Grou_ pa shall be paid by EPA as provided for under pars.fraph (vil). Neither the Panel nor the Peer Review Groups shall be deemed advisory committees within the meaning of the Federal Advisory Committee Act.

(iv) PaoJECT CTUTERIA AND REVIEW.-The Peer Groups, in ,

conjunction with the Panel, shall review projects proposed to be funded through DPA's annual fish and wildlife budget and make recommendations on matters related to such projectr ;o the Council t j, no later than June 15 of each year. If the recommendations are not received by the Council by this date, the Council may pmceed i

5 1 s'%%

l i

110 STAT. 3000 l'UllLIC LAW 104-200-SEPT. 30,1990 i

to man final recommendations on on the best information available. project funding to llPA, relying ,

The Panel and Peer Review Groups shall review a sufficient number of projects to adequately ensure that the list of prioritir.ed projects recommended is consisteht with the Council's program. Project recommendations shall be based l on a determination that projects: are based on sound science prin.

ciples; benefit fish and wildhfe; and have a clearly defined objective r.nd outcome with provisions for monitoring and evaluation of results. The Panel with assistance from the Peer Heview Groups,

t. hall review, on an, annual basis, the results of prior year expendi.

tures based upon these criteria and submit its findings to the Council for its review.

(v) Punuc Review.-Upon completion of the review of projects to be funded through HPAs annual fish and wildlife budget, dw

- Peer Review Groups shall submit its findings to the Panel. The Panel shall analyze the information submitted by the Peer Review -

Groups and submit recommenlations on project priorities to the Council. The Council shall trake the Panel's findings available to the public and subject to public comment.

(vi) RESPONSmluTIES OF T1.'E COUNCIL.-The Council shall fully 4

consider the recommendations of the Panel when making its final j; recommendations of projects .o 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 ln writing its reasons for not accepting Panel recommendations, in making i

[e si.

L its recommendations to BPA, the Cmmeil shall consider the impact of necan conditions on fish and wildlife populations and shall deter.

mine whether the projects emplov cost effective measures to achieve program objectives. The Counell, after consideration of the rec.

ommendations of the Panel and other appropriate entities, shall be responsible for making the final recommendations of projects

=!

to be funded through UPA's annual fish and wildlife budget.

r! (vil) Cost LIMITATION.-The cost of this provisic.n shall not exceed $2.000,000 in 1997 dollars.

I l (viii) EXPIRATION.-This paragrt ph shall expire on September 30,2000.

I Tms DESIONATION OF JIM CllAPMAN LAKE Src. 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 U

to the

  • Jim Chapman Lake".

\ Y'

{ Oregon.

DESIONATION OF Wit.LIAM t 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 Prvject, shall be known and designated as the 1

" William L. Jce.s 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".

!o 4

l

.,,,,,,,.%~.,.-- .

  • l PUBLIC LAW 104-20G--SEPI',30,1990 110 STAT,3007 l E l DI:510 NATION OF J, inENNI:TT JOllNSTON WATERWAY I

leuisista.

SEc. 515. The portion of the Ited Itiver Loulslana, from new river mile O to new river mile 235 shall be known and designated as the "J. Ilennett Johnston Waterway", Any reference in a law map, regulation, document, paper, or other record of the Unitecl States to such p"ortion of the Ited Itiver shall be deemed to be

' a reference to the J,llennett Johnston Waterwov".

Appropriations This Act may be cited as the

  • Energy and Water Development Act,1997",

Approved September 30,1990.

l I

I l

l I,f' GIST.ATIVE lil570RY.-II.It. 3810 (S. IDS 9).

It0USE REl' ORTS: NosI104-079 (Comm. on Appivpriauons) and of Conference). 104-782 (Comm.

SENATE REPORTS. No. 104-320 accompanying S.1959 (Comm on Apprepne-tions).

CONGRESSION AL RECORD, Vol.142 (!!r>G):

July 24,25, conudered and panned lloum ,

July 26, 29, 30, considered and panned Senate, amended, in lieu of S.1959.

Sept.12, llouse agreed to conference typort, Se WEEKL)pt.17 h-nate agreed to ennference tv iort.

COhlNIATION Of PRESIDPNTDOCUMENTS, Vol. 32 (1990t Sept. 39. Presidential statement.

O

a PT> R-

?

/'stt:s

  • UNITED STATES NUCLEAR REGULATORY COMMISSION BF-S @-

t' WASHINGTON. O C. 20666-0001

{

$ October 1. 1996 Of FICE OF THE StCRETARY MEMORANDUM TO: James M. Taylor Exe tive Director for Operations. . . -

, _ e :-_

FROM: W lliam M. Hill, Acting Secretary SUBJECT - STAFF REQUIREMENTS - SECY-96-197 - RULEMAKING j PLAN: USEC PRIVATIZATION ACT - CONFORMING CHANGE 5 This is to advise you-that the Commission has not objected to your approval of the Rulemaking Plan and the development of-a direct final rule. The staff should change the third paragraph under " Current rule requirements" to read, " ... uranium enrichment facilities, except for the two gaseous diffusion plants, are also required to have a license...."

cci Chairman Jackson Commissioner _Rogora Commissioner Dicus -

Commissioner Diaz Commissioner McGaffigan OGC OCA OIG Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail)-

'SECY NOTE: THIS SRM AND SECY-96-197 WILL BE MADE PUBLICL.Y AVAILABLE 5 WORKING DAYS FROM THE DATE OF THIS SRM.

U N// 0174 lp.

.__

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