Committee Reports
104th Congress (1995-1996)
House Report 104-679
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Committee Reports for the 104th Congress | |
| House Report 104-679 | 1 of 1 | |
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25-879
2d Session
104-679
ENERGY AND WATER DEVELOPMENT APPROPRIATIONS BILL, 1997
| July 16, 1996- Committed to the Committee of the Whole House on the State of the Union and ordered to be printed | |
| Mr. MYERS, from the Committee on Appropriations, submitted the following | |
| REPORT | |
| together with | |
| ADDITIONAL VIEWS | |
| [To accompany H.R. 3816] |
The Committee on Appropriations submits the following report in explanation of the accompanying bill making appropriations for energy and water development for the fiscal year ending September 30, 1997, and for other purposes.
| INDEX TO BILL AND REPORT | ||
| Page Number | ||
| Bill | Report | |
| I. Department of Defense--Civil: | ||
| Corps of Engineers--Civil: | ||
| Corps of Engineers civil works mission | 4 | |
| General investigations | 2 | 5 |
| Construction, general | 4 | 23 |
| Flood control, Mississippi River and tributaries, Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri, and Tennessee | 6 | 35 |
| Operation and maintenance, general | 7 | 38 |
| Regulatory program | 8 | 54 |
| Flood control and coastal emergencies | 8 | 55 |
| Oil spill research | 56 | |
| General expenses | 8 | 56 |
| Administrative provisions | 9 | |
| General provision | 9 | 57 |
| II. Department of the Interior: | ||
| Central Utah Project completion account | 10 | 59 |
| Bureau of Reclamation: | ||
| General investigations | 11 | 59 |
| Construction program | 12 | 62 |
| Operation and maintenance | 13 | 68 |
| Bureau of Reclamation loan program account | 14 | 69 |
| Central Valley Project restoration fund | 14 | 71 |
| General administrative expenses | 15 | 71 |
| Special funds | 15 | |
| Administrative provision | 16 | |
| III. Department of Energy: | ||
| Introduction | 73 | |
| Energy supply, research and development activities | 16 | 76 |
| Uranium supply and enrichment activities | 17 | 86 |
| Uranium enrichment decontamination and decommissioning fund | 18 | 87 |
| General science and research activities | 18 | 88 |
| Nuclear waste disposal fund | 18 | 89 |
| Departmental administration | 19 | 90 |
| Office of inspector general | 20 | 93 |
| Atomic energy defense activities: | ||
| Weapons activities | 20 | 94 |
| Defense environmental restoration and waste management | 21 | 96 |
| Fixed asset acquisition account | 103 | |
| Other defense activities | 22 | 104 |
| Defense nuclear waste disposal | 22 | 109 |
| Power marketing activities: | ||
| Alaska Power Administration | 22 | 110 |
| Bonneville Power Administration | 23 | 110 |
| Southeastern Power Marketing Administration | 23 | 111 |
| Southwestern Power Marketing Administration | 23 | 112 |
| Western Area Power Administration | 24 | 112 |
| Falcon and Amistad operating and maintenance fund | 25 | 113 |
| Federal Energy Regulatory Commission | 25 | 113 |
| IV. Independent agencies: | ||
| Appalachian Regional Commission | 26 | 125 |
| Defense Nuclear Facilities Safety Board | 26 | 125 |
| Delaware River Basin Commission | 126 | |
| Interstate Commission on the Potomac River Basin | 126 | |
| Nuclear Regulatory Commission | 27 | 126 |
| Office of Inspector General | 29 | 128 |
| Nuclear Waste Technical Review Board | 30 | 128 |
| Susquehanna River Basin Commission | 129 | |
| Tennessee Valley Authority | 30 | 130 |
| V. General Provisions | 31 | 133 |
| House Reporting Requirements | 135 |
SUMMARY OF ESTIMATES AND RECOMMENDATIONS
The Committee has considered budget estimates which are contained in the Budget of the United States Government, 1997. The following table summarizes appropriations for fiscal year 1996, the budget estimates, and amounts recommended in the bill for fiscal year 1997.
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1996 appropriation 1997 estimate 1997 recommendation 1997 recommendation compared with--
1996 appropriation 1997 estimate
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Title I--Department of Defense--Civil 3,366,272,000 3,292,850,000 3,449,192,000 +82,920,000 +156,342,000
Title II--Department of the Interior 853,342,000 843,808,000 838,341,000 -15,001,000 -5,467,000
Title III--Department of Energy 15,404,490,000 16,182,494,000 15,279,926,000 -124,564,000 -902,568,000
Title IV--Independent Agencies 311,550,000 329,800,000 281,531,000 -30,019,000 -48,269,000
Subtotal 19,935,654,000 20,648,952,000 19,837,680,000 -97,974,000 -811,272,000
Scorekeeping adjustments -609,343,000 -428,000,000 -428,000,000 +181,343,000
Grand total of bill 19,326,311,000 20,220,952,000 19,420,990,000 +94,679,000 -799,962,000
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INTRODUCTION
With the Energy and Water Development Appropriations Bill, 1997, the Committee continues to deliver on its commitment to effect substantial cost savings, structural deficit reduction, and significant governmental reforms. At $19.4 billion in new budget authority, new spending in the bill is more than $1 billion below that of the Energy and Water Development Bill passed by Congress just two years ago. Because the Committee has made the substantial investments necessary to protect, improve and reconfigure our atomic energy defense infrastructure, savings in domestic discretionary programs are particularly pronounced. Total funding for these programs has been reduced by over sixteen percent in just two years. Furthermore, the Committee has achieved these savings without gimmicks, accounting tricks or one-time devices.
Although budget savings in the bill are dramatic, they are realized without inflicting damage on high-priority programs and activities in which Federal investment is most appropriate. Indeed, the Committee has endeavored to: protect its previous investments in water and energy infrastructure; provide sufficient funding to operate and maintain critical facilities and programs within the Subcommittee's jurisdiction; and achieve further savings through accelerated completion of various projects currently in the construction pipeline.
Demands on the Energy and Water Development Bill have been extraordinary this year. The Committee conducted a series of hearings on the 1997 bill, which is recorded in eight separate volumes containing more than 13,000 pages. Moreover, Members of Congress from forty-eight states and Puerto Rico have communicated over 2,300 discrete priorities for the bill. The Committee has done its best to balance these requests against a limited allocation of resources; nevertheless, the Committee acknowledges that the imperative of deficit reduction has resulted in reluctant rejection of many such requests.
Authorization for various projects and agencies funded by this bill is in various stages of the legislative process. The Committee has worked closely with jurisdictional committees to establish the funding levels recommended in the bill. Funding has been provided for certain programs in anticipation and advance of authorization in order to avoid unnecessary disruptions in the provision of government services.
TITLE I
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS--CIVIL
CORPS OF ENGINEERS' CIVIL WORKS MISSION
In the fiscal year 1996 budget request, the Administration proposed radical changes in the Civil Works mission of the U.S. Army Corps of Engineers. Those proposals were rejected by the Congress as being counterproductive to the well-being of the Nation.
The Committee is pleased that the Administration has abandoned the proposal made last year that would have all but ended the Corps of Engineers' role in protecting our citizens from the devastating impacts of floods. However, the Committee is extremely troubled that the Administration has again proposed that the Federal Government's role in shore protection projects and smaller navigation projects be terminated.
Shore protection projects serve the same function as other flood control projects--they protect lives and property from the impacts of flooding. The only difference is that for shore protection projects, the flood waters come from the oceans, the Gulf of Mexico, or the Great Lakes, rather than from rivers. Through this proposal, the Administration has determined that all Americans are eligible for flood protection assistance except those who live along our coastlines. The Committee notes that the Administration's proposal would permit Federal involvement in those cases where the project does not rely on the placement of sand. The Committee, however, can find no logic in a policy that permits one community to be protected if the appropriate engineering solution is the construction of a seawall, but allows another to go unprotected simply because the appropriate solution is a protective structure constructed of sand.
Therefore, the Committee has included funds in the bill for continued construction of shore protection projects, the periodic nourishment of previously constructed projects, and the continuation of ongoing studies related to shore protection. The Committee expects the Secretary of the Army, acting through the Chief of Engineers, to proceed with those projects, all of which are fully authorized. The Committee further directs the Secretary of the Army and the Chief of Engineers to continue to process all decision documents, including the transmission of feasibility reports to the Congress for authorization and reports prepared under section 934 of the Water Resources Development Act of 1986, without regard to whether or not projects comply with the Administration's proposed new policies.
The Committee also remains concerned about the Administration's plans to stop requesting funds for the maintenance of 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 Committee expects the Administration to continue to request adequate funds for maintenance of these projects.
GENERAL INVESTIGATIONS
| Appropriation, 1996 | $121,767,000 |
| Budget Estimate, 1997 | 142,500,000 |
| Recommended, 1997 | 153,628,000 |
| Comparison: | |
| Appropriation, 1996 | +31,861,000 |
| Budget Estimate, 1997 | +11,128,000 |
The budget request and the approved Committee allowance are shown on the following table:
OFFSET FOLIOS 6 TO 16 INSERT HERE
011
Alabama River below Claiborne Lock and Dam, Alabama- The bill includes $250,000, the same as the budget request, to continue the study of ways to improve the reliability of the authorized 9-foot navigation channel in the Alabama River below Claiborne Lock and Dam. The Committee is aware that studies to date indicate that an additional lock and dam is not a feasible alternative and, therefore, directs that the Corps use the funds provided to investigate other alternatives to improve the reliability of the navigation channel.
Jefferson County, Alabama- Within available funds, $300,000 is provided for a study to address flooding and related water resources problems in the Cahaba River Basin in Jefferson County, Alabama.
Aleutian Islands, Alaska- The Committee has provided $100,000 for the Corps of Engineers to initiate a comprehensive evaluation of the Aleutian Islands region in order to determine the extent of a Federal interest in a regional network of small ports and harbors along the Aleutian Islands.
Rio Salado Watershed Ecosystem, Arizona- The Committee has included $500,000, the same as the budget request, to continue work on the Rio Salado feasibility study in cooperation with the cities of Phoenix and Tempe. The Committee directs that the Corps of Engineers accelerate work on the study to the extent possible in order to allow completion of the study by the beginning of fiscal year 1998.
Tres Rios, Arizona- The Committee has provided $200,000 for the Corps of Engineers to continue the study of the flood control aspects of the Tres Rios Wetlands Demonstration project being developed by the Bureau of Reclamation in cooperation with the cities of Phoenix, Tempe, Mesa, Glendale, and Scottsdale as authorized by section 321 of the Water Resources Development Act of 1992. Under that authority, the Corps of Engineers is responsible for the planning, design, and construction of flood damage reduction features of the project, including channel clearing within the floodway to protect the constructed wetlands project, and levee construction to protect the surrounding residential properties near the confluence of the Salt and Gila Rivers.
Central Basin Groundwater Project, California- The Committee has provided $363,000, the same as the budget request, for the Corps of Engineers to complete the feasibility study for the Central Basin Groundwater project. The study will identify and recommend remediation measures to address contamination within and down gradient of existing Federal facilities at Whittier Narrows Dam.
Cities of Arcadia and Sierra Madre Water Infrastructure Restoration Study, California- The Committee has provided $300,000 for the Corps of Engineers to continue a special study to identify problems and alternative solutions, including governmental roles and responsibilities, for providing a more dependable water supply for the Cities of Arcadia and Sierra Madre, particularly with respect to minimizing damages to the water system that might occur during an earthquake.
City of Huntington Beach, California- The Committee has provided $450,000 for the Corps of Engineers to conduct a study to identify problems and alternative solutions, including governmental roles and responsibilities, for providing a more dependable water supply for the City of Huntington Beach, particularly with respect to minimizing damages to the water system that might occur during an earthquake.
City of Santa Monica, California- The Committee has provided $400,000 for the Corps of Engineers to conduct a study to identify problems and alternative solutions, including governmental roles and responsibilities, for providing a more dependable water supply for the City of Santa Monica, particularly with respect to minimizing damages to the water system that might occur during an earthquake.
Crescent City Harbor, California- The bill includes $495,000, the same as the budget request, for preconstruction engineering and design of the Crescent City Harbor deepening project. The work of the Corps of Engineers at Crescent City is a further example of the importance of a continuing Federal presence in smaller harbors.
Dry Creek (Middletown), California- The Committee has provided $300,000 for the Corps of Engineers to update its earlier study of the flood control problems along Dry Creek near Middletown, and to perform the necessary environmental review.
Kaweah River, California- The Committee has provided $1,000,000 for the Kaweah River project, $400,000 above the budget request, in order to maintain an optimum schedule for preconstruction engineering and design for the project to enlarge Terminus Dam in California.
Malibu Coastal Area, California- The Committee has provided $200,000 for the Corps of Engineers to initiate the feasibility study of the need for shoreline protection measures along the Malibu coastal area.
Napa River, California- The Committee has provided $1,000,000, $300,000 above the budget request, to complete the design and environmental review and to finalize the Project Cooperation Agreement for the Napa River flood control project. The Committee believes the additional funds are appropriate to address all concerns that have been raised in the recent reevaluation of the project and to affirm the flood control effort.
Napa River Salt Marsh Restoration and Russian River Ecosystem Restoration, California- The Committee has provided $377,000 for the Napa River Salt Marsh Restoration study and $386,000 for the Russian River Ecosystem Restoration study, the same as the amounts included in the budget request. The Committee is pleased that the Corps is continuing these efforts, which were initiated by the Congress in fiscal year 1996.
Norco Bluffs, California- The bill includes $180,000 for the Corps of Engineers to initiate preconstruction engineering and design for the Norco Bluffs, California, project.
Northern California Streams, Colusa Basin Drainage Systems, California- The Committee has provided $300,000 for the Corps of Engineers to initiate a reconnaissance study of flood control problems along the Colusa Basin Drain and its tributaries.
Northern California Streams, Middle Creek, California- The Committee concurs with Administration's request and has included $410,000 for the Corps of Engineers to continue its study of alternatives to restore the natural functions of the Middle Creek/Clear Lake ecosystem, including the restoration of wetlands at the historic Robinson Lake.
Noyo Harbor Breakwater, California- The Committee has included $300,000 for the Corps of Engineers to complete the General Design Memorandum for the Noyo Harbor Breakwater, California, project. While work on the project was previously suspended when the local sponsor indicated difficulty raising the non-Federal share of project costs, a number of boats have been lost in the past year, with attendant loss of life. This has led to renewed efforts by the Harbor Commission and City of Fort Bragg to identify additional local funding sources. Funds were included in the fiscal year 1996 Energy and Water Development Appropriations Act for the Corps of Engineers to evaluate a proposal to utilize prefabricated structures in lieu of a stone breakwater. Given the continued loss of life and property, the Committee believes that the Corps should complete the General Design Memorandum for either the original stone breakwater or prefabricated structures at the same time as local funding sources are identified.
Sacramento River Watershed Management Plan, California- The Committee has provided $300,000 for the Corps of Engineers to initiate a comprehensive review of the watershed of the Sacramento River and its tributaries.
San Joaquin River Basin, Caliente Creek, California- The bill includes $150,000 for the Corps of Engineers to complete, during fiscal year 1997, the Caliente Creek feasibility study.
San Joaquin River Basin, Stockton Metropolitan Area, California- The Committee has provided $540,000, the same as the budget request, to continue the reconnaissance study for flood damage protection for the Stockton metropolitan area, and flood control, water supply, and water storage at Farmington Dam.
San Joaquin River Basin, West Stanislaus County, California- The Committee has provided $400,000 for the Corps of Engineers to initiate a reconnaissance investigation for flood control, environmental restoration, and related purposes for Salado Creek in Stanislaus County, California.
Santa Margarita River and Tributaries, California- The Committee has provided $375,000 for the Corps of Engineers to initiate a reconnaissance study to examine watershed management needs, including flood control, environmental restoration, stormwater retention, water conservation and supply, and recreation along the Santa Margarita River and its tributaries, including Murrieta Creek, in Riverside and San Diego Counties, California.
Ventura and Santa Barbara County Shoreline, California- The Committee has provided an additional $48,000 to initiate the feasibility study for the Ventura and Santa Barbara County Shoreline project.
Dade County Water Reuse Facility, Florida- The bill includes $425,000 for the Corps of Engineers to complete the reconnaissance report and initiate the feasibility study for the Dade County Water Reuse project in Florida.
St. Johns River, Florida- The Committee has provided $400,000 for the Corps of Engineers to continue the study of water quality management within the St. Johns River basin in Florida.
Tampa Harbor, Alafia Channel, Florida- The Committee has provided $200,000 for the Corps of Engineers to continue the feasibility study of the need for deepening of the Alafia Channel in Tampa Harbor.
Lake George, Hobart, Indiana.--The Committee has provided $100,000 for the Corps of Engineers to complete plans and specifications for the Lake George, Hobart, Indiana, project.
Little Calumet River Basin, Cady Marsh Ditch, Indiana- The Committee has provided $200,000 for the Corps of Engineers to continue preconstruction engineering and design for the Little Calumet River Basin, Cady Marsh Ditch, project.
Tippecanoe River, Indiana- The Committee has provided $200,000 for the Corps of Engineers to undertake a study of sedimentation problems and ecosystem restoration opportunities at Lakes Shafer and Freeman on the Tippecanoe River.
Wabash River Basin (Middle Reaches), Indiana and Illinois- The Committee has provided $200,000 for the Corps of Engineers to continue the feasibility study at Greenfield Bayou in Vigo County, Indiana.
Kentucky Lock, Kentucky- The Committee has provided $3,000,000, the same as the budget request, for the Corps of Engineers to continue preconstruction engineering and design of the Kentucky Lock addition project.
Lower Cumberland River, Kentucky- The Committee has provided $150,000 for the Corps of Engineers to undertake a study of the streambank erosion and navigation problems on the Lower Cumberland River associated with the rapid rise and fall of water surface elevations resulting from hydroelectric power generation.
Baltimore Harbor Anchorages and Channels, Maryland- The Committee has provided $529,000, the same as the budget request, to complete the feasibility study and initiate preconstruction engineering and design for the Baltimore Harbor Anchorages and Channels project. The Committee notes the delay since last year in completing the study and urges the Corps to accelerate its completion in order to initiate PED at the earliest possible date.
Baltimore Harbor and Channels, Tolchester Channel S-Turn, Maryland- Within available funds, the Committee directs the Corps of Engineers to complete design work associated with correcting the dangerous S-turn in the Tolchester Channel.
Jackson County, Mississippi- The Committee has provided $200,000 for the Corps of Engineers to provide technical assistance for the project to provide an alternative water supply for Jackson County, Mississippi, as authorized by section 219 of the Water Resources Development Act of 1992.
Fabius River Levee and Drainage District, Missouri- The Committee is aware of the need to conduct a study to review, update and revise, as appropriate, the flow-frequency curves prepared by the Corps of Engineers for the upper and middle reaches of the Mississippi River, including the lower Missouri and Illinois Rivers. In order to accomplish this work, the Corps of Engineers may utilize funds previously appropriated and appropriated in this Act for the Fabius River Levee and Drainage District project. The work should include an examination of flow records of the river, a review of existing flow-frequency data, and development of a scope of work for additional efforts if needed.
Barnegat Inlet to Little Egg Harbor Inlet, New Jersey- The bill includes $558,000 to continue the feasibility study for the Barnegat Inlet to Little Egg Harbor Inlet project.
Brigantine Inlet to Great Egg Harbor Inlet, New Jersey- The Committee has provided an additional $440,000 for the Corps of Engineers to initiate preconstruction engineering and design for the Brigantine Inlet to Great Egg Harbor Inlet project.
Great Egg Harbor Inlet to Townsends Inlet, New Jersey- The Committee has provided $400,000 for the Corps of Engineers to initiate the feasibility study for the Great Egg Harbor Inlet to Townsends Inlet, New Jersey, project.
Manasquan Inlet to Barnegat Inlet, New Jersey- The Committee has provided $400,000 for the Corps of Engineers to initiate the feasibility study for the Manasquan Inlet to Barnegat Inlet, New Jersey, project.
New Jersey Intracoastal Waterway, New Jersey- The Committee has provided $200,000 for the Corps of Engineers to initiate a study to address environmental restoration opportunities along the New Jersey Intracoastal Waterway.
Raritan Bay and Sandy Hook Bay, New Jersey- The Committee has included a total of $725,000 for the Corps of Engineers to continue the study of hurricane and storm damage reduction improvements for Raritian Bay and Sandy Hook Bay in New Jersey. Included in that amount is $135,000 for completion of the reconnaissance study and initiation of the feasibility study for the Cliffwood Beach portion of the project. The Committee directs the Corps of Engineers to undertake the work associated with Cliffwood Beach as part of the overall Raritan Bay and Sandy Hook Bay project.
Townsends Inlet to Cape May Inlet, New Jersey- The bill includes an additional $330,000 for the initiation of preconstruction engineering and design for the Townsends Inlet to Cape May Inlet project.
North Shore of Long Island, New York- The Committee has provided $250,000 for the Corps of Engineers to initiate the feasibility study for the North Shore of Long Island, New York, project.
South Shore of Staten Island, New York- The Committee has provided $300,000 to continue the feasibility study for the South Shore of Staten Island, New York, project.
Cleveland Harbor, Ohio- The Committee has provided $500,000 for the Corps of Engineers to continue the Cleveland Harbor Federal Navigation Channel Bulkheading study.
Mussers Dam, Snyder County, Pennsylvania- The Committee has provided $450,000 for completion of preconstruction engineering and design for the Mussers Dam, Middle Creek, Snyder County, Pennsylvania, project.
Black Fox, Murfree, and Oakland Springs Wetlands, Tennessee- The Committee has provided $435,000 for the Corps of Engineers to complete preconstruction engineering and design of the Black Fox, Murfree, and Oaklands Springs Wetlands project in Murfreesboro, Tennessee.
Colonias Along the U.S.-Mexico Border, Texas and Arizona- The Committee has provided an additional $200,000 for the Corps of Engineers to provide water-related environmental infrastructure planning and technical assistance to the Littletown and San Luis Colonias in Arizona.
Lower Rio Grande Basin, Texas- The Committee has provided $150,000 for preconstruction engineering and design of the Raymondville Drain feature of the Lower Rio Grande Basin, Texas, project.
Upper Jordan River Restoration, Utah- The Committee has provided $500,000 for the Corps of Engineers to initiate a reconnaissance study of environmental restoration opportunities along the upper Jordan River in Utah.
Powell River Watershed, Virginia- The Committee has provided $250,000 for the Corps of Engineers to undertake an ecosystem and environmental restoration and flood control study of the Powell River Watershed.
Flooding in Eastern Washington- The Committee urges the Corps of Engineers to work with the city and county governments within eastern Washington that were affected by the February 1996 floods to mitigate flood related silting and flood damage. Furthermore, the Committee urges the Corps of Engineers to give full consideration to each city and county's request for recommendations for the prevention and management of future flooding.
Monongahela River, West Virginia- The Committee has provided $500,000 for the Corps of Engineers to initiate preconstruction engineering and design activities at the Palatine Park, Pricketts Fort, Morgantown, and Rail to Trail Corridor sites.
Monongahela River (Fairmont), West Virginia- The Committee has provided $250,000 for the Corps of Engineers to undertake a reconnaissance study of the potential for waterfront development at the CSX site adjacent to the Monongahela River in Fairmont, West Virginia.
Tygart River Basin (Philippi), West Virginia- The Committee has provided $250,000 for a reconnaissance study of potential non-structural projects to reduce flood damages in the vicinity of Philippi in Barbour County, West Virginia.
Coordination Studies with Other Agencies- The amount provided for Coordination Studies with Other Agencies includes $480,000 for Cooperation with Other Agencies, $2,000,000 for the Planning Assistance to States program, $1,300,000 for Special Investigations, and $500,000 for the Interagency Water Resources Development program.
Section 22 Planning Assistance to the States- Within the funds provided for the Section 22 Planning Assistance to States program, the Committee expects the Corps of Engineers to work with the Riverside County Flood Control and Water Conservation District to develop a floodplain maintenance plan for Murrieta Creek in California, and the San Bernardino County Flood Control District to develop a floodplain management plan for the Mojave River in California.
Research and Development- The Committee has provided $300,000 to continue the Corps of Engineers Construction Technology Transfer Project.
The Committee is aware of passive cathodic protection systems and their potential for protecting Corps of Engineers projects from underwater corrosion. The Committee urges the Corps to consider demonstrating this technology on Corps' structures. In addition, the Committee is aware that in response to the devastating Midwest floods of 1993, the Institute of Hydraulic Research at the University of Iowa, in cooperation with private industry, has begun development of the Comprehensive Flood Impact-Response Modeling System (CFIRMS), which would utilize supercomputers to provide models for watershed management nationwide. Given the importance of the project and the academic and private resources already committed to it, the Committee believes the Corps of Engineers should consider participating in the development of CFIRMS.
Use of Private Sector for Planning, Engineering, and Design- The Committee is 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 Committee believes that the Corps of Engineers needs to intensify those efforts. The Committee expects the Corps, in those instances where a district office has not obtained the goal of having the private sector perform at least 50% of planning, engineering and design work for projects in that district, to increase private sector contracting by 10% in fiscal year 1997 and in each subsequent fiscal year until the level of work contracted to the private sector reaches at least 50%. It is not the Committee's intent that the Corps reduce contracting levels in those offices that are already conducting more than 50% of planning, engineering and design work with the private sector. Contracting with the private sector shall continue to be conducted in compliance with the normal qualification based selection process found in 40 U.S.C. 541-544.
CONSTRUCTION, GENERAL
| Appropriation, 1996 | $804,573,000 |
| Budget Estimate, 1997 | 914,000,000 |
| Recommended, 1997 | 1,035,394,000 |
| Comparison: | |
| Appropriation, 1996 | +230,821,000 |
| Budget Estimate, 1997 | +121,394,000 |
The budget request and the approved Committee allowance are shown on the following table:
Offset Folios 024 to 026 Insert here
003
Montgomery Point Lock and Dam, Arkansas- The Committee has provided $8,000,000 for the Corps of Engineers to continue work on the Montgomery Point Lock and Dam project in Arkansas. The Committee notes that the Montgomery Point Lock and Dam project was authorized by the River and Harbor Act of 1946, prior to creation of the Inland Waterways Trust Fund. Therefore, the Committee has deleted language proposed by the Administration that would have authorized the use of the Inland Waterways Trust Fund for construction of the Montgomery Point Lock and Dam. The Committee expects that the Administration will continue to budget for this project without cost-sharing from the Inland Waterways Trust Fund.
Humboldt Harbor and Bay, California- The Committee has included $3,000,000 to initiate deepening of Humboldt Harbor and Bay. The funds are included in anticipation of enactment of the authorization for the project, which has been included by the Committee on Transportation and Infrastructure in the Water Resources Development Act of 1996, as reported to the House.
Klamath-Glen Levee Repairs, California- The Committee commends the Corps of Engineers for its decision to proceed with repairs of Klamath-Glen levee design deficiencies under the same financial terms as the original project construction. The South Pacific Division acted with dispatch to address the concerns of Del Norte County officials about the repair project. The agreement between the Corps and County officials reflects the Committee's understanding that the Corps will continue to be responsible for correcting any design deficiencies in the project. The Committee is hopeful the repairs will proceed promptly, before this year's rainy season.
Lower Sacramento Area Levee Reconstruction, California- The Committee has provided $500,000, $450,000 above the budget request, to continue construction of the Lower Sacramento Area Levee Reconstruction project.
Mid-Valley Area Levee Reconstruction, California- The Committee has provided $2,500,000 for the high priority Mid-Valley Area Levee Reconstruction project, an increase of $2,400,000 over the amount included in the budget request.
Sacramento River Flood Control Project (Glenn-Colusa Irrigation District), California- As requested in the budget, the Committee has provided $2,000,000 for the Corps of Engineers to continue work on the riffle restoration project, which 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 Committee's intent that the Corps of Engineers participate in, and, when necessary, provide direct support to, this important state-Federal effort.
San Timoteo Creek (Santa Ana River Mainstem), California- The bill includes $7,000,000 for the Corps of Engineers to continue construction of the San Timoteo Creek feature of the Santa Ana River Mainstem project in California.
Silver Strand Shoreline, Imperial Beach, California- The bill includes $400,000 for a General Reevaluation Report for shore protection improvements along the Silver Strand Shoreline in Imperial Beach, California.
Faulkner's Island, Connecticut.--Within available funds, the committee provides $2,000,000 for the Faulkner's Island beach erosion control project, Faulkner's Island, Connecticut.
Canaveral Harbor Sand Bypass, Florida- The Committee has provided $4,000,000 to complete the initial sand bypassing for the Canaveral Harbor, Florida, project.
Ft. Pierce Beach, Florida- The Committee has provided $3,300,000 for renourishment of the Ft. Pierce Beach project in Florida. The Committee is aware that a section 934 report recommending the extension of Federal participation in this project to the year 2020 was completed in June of 1995 but has not received final approval because of the Administration's proposal to terminate the Corps of Engineers role in shore protection projects. In light of the Congress' rejection of that proposal, the Committee expects Corps of Engineers and the Assistant Secretary of the Army for Civil Works to complete the processing of that report. In addition, $200,000 has been provided for the Corps of Engineers to undertake a General Reevaluation Report that will examine the feasibility of extending the project.
Lee County, Florida- The bill includes $1,211,000 for reimbursement of the Federal share of costs for the renourishment of the Captiva Island segment of the Lee County, Florida, project. In addition, the Committee has provided $300,000 to complete the General Reevaluation Report for the Estero and Gasparilla Islands segment of the Lee County, Florida, project.
St. Johns County (St. Augustine Beach), Florida- The Committee has provided $300,000 for completion of the General Reevaluation Report for the St. Johns County (St. Augustine Beach), Florida, project.
Tybee Island, Georgia- The bill includes $4,665,000 for the renourishment of the Tybee Island, Georgia, project.
McCook and Thornton Reservoirs, Illinois- The Committee is in agreement with the Corps of Engineers plan to use $6,655,000 in previously appropriated funds to continue the McCook and Thornton Reservoirs project in Illinois.
Burns Waterway Harbor (Major Rehabilitation), Indiana- The Committee has provided an additional $190,000 to construct access for the disabled at a jetty construction project currently underway at the harbor.
Indiana Shoreline Erosion, Indiana- The bill includes $2,200,000 for the Corps of Engineers to continue construction of the Indiana Shoreline Erosion project.
Ohio River Flood Protection, Indiana- The bill includes $1,800,000 to continue construction of the Ohio River Flood Protection project in Indiana. The Committee has also included language in the bill directing the Secretary of the Army to utilize the $1,000,000 provided in the fiscal year 1996 Energy and Water Development Appropriations Act for construction of the Ohio River Flood Protection project for that purpose.
Des Moines Recreational River and Greenbelt, Iowa- The Committee has included language in the bill that directs the Corps of Engineers, in cooperation with state, county, and city governments and in consultation with the Des Moines River Greenbelt Advisory Committee, to provide highway and other signs appropriate to direct the public to the bike trail which runs from downtown Des Moines 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.
Missouri River Levee System, Iowa, Nebraska, Kansas, and Missouri- The bill includes $200,000, the same as the budget request, for the Corps of Engineers to continue engineering and design of the Unit L-385 levee. However, the Committee is concerned about impact of the project on other flood control levees in the vicinity and, within the funds provided, directs the Corps of Engineers to undertake a study of the increase in Missouri River elevations that will occur as a result of levee construction and the impact of that increase on nearby flood control levees. The Committee has provided an additional $250,000 for the Corps of Engineers for a General Reevaluation Report and engineering and design for Unit L-15 of the Missouri River Levee System project.
Salyersville, Kentucky- The bill includes $3,500,000 for the Corps of Engineers to continue work on the cut-through project for the City of Salyersville, Kentucky.
Lake Pontchartrain and Vicinity (Hurricane Protection), Louisiana- The bill includes $18,525,000 to continue construction of the Lake Pontchartrain and Vicinity hurricane protection project. Of the amount provided above the budget request, $4,500,000 shall be used for levee raising and landslide runoff control for Jefferson Parish lakefront levees and $10,000,000 shall be used to continue construction of parallel protection along the Orleans and London Avenue outfall canals, including studying the feasibility of using a levee gate where Lakeshore Drive crosses London Avenue Canal at the entrance to the University of New Orleans.
Red River Waterway, Louisiana- The Committee has provided an additional $2,075,000 for the Red River Waterway project to be used for construction of the Eagle Bend Capout.
Red River below Denison Dam Levee and Bank Stabilization, Louisiana, Arkansas, and Texas- The Committee has included $100,000 in the bill for the Red River below Denison Dam Levee and Bank Stabilization project to continue the Bowie County Levee, Texas, portion of the project. The Committee directs the Secretary of the Army, acting through the Chief of Engineers, to continue to prepare plans and specifications for restoration or replacement of the Bowie County Levee, as authorized by the Flood Control Act of 1946, for incorporation into the Federal levee system, to provide the same level of protection as the adjoining Miller County Levee in Arkansas under the terms and conditions of section 3 of the Flood Control Act of 1936.
Poplar Island, Maryland- The Administration has proposed to construct the Poplar Island dredged material disposal facility under the provisions of section 204 of the Water Resources Development Act of 1992, which authorizes the Secretary of the Army to carry out projects for the protection, restoration, and creation of aquatic habitats in connection with dredging for construction or maintenance of authorized navigation projects. The authority to carry out projects under section 204, however, is limited to $15,000,000 per year. Therefore, the Committee has provided $15,000,000 for the project in fiscal year 1997.
Sandy Hook to Barnegat Inlet Beach Erosion Control Project, New Jersey.--It is the intent of the committee that within available funds for construction of the Sandy Hook to Barnegat Inlet beach erosion project, construction be continued on section I, contract 2 (Monmonth Beach-Long Branch border to Lake Takanasee) and section II, contract 1 (Shark River Inlet to Manasquan) and that construction begin on section 1, contract 3 (Lake Takanasee to Deal Lake) and section II, contract 1 (Asbury Park to Shark River Inlet).
Acequias Irrigation System, New Mexico- The Committee has provided $300,000, the same as the budget request, for the Acequias Irrigation System project in New Mexico. These funds, combined with $1,176,000 in programmed carryover, will provide a total of $1,476,000 for acequia rehabilitation projects in fiscal year 1997. The Committee directs the Corps of Engineers to work more closely with acequia members in order to accelerate the number of acequia projects undertaken and encourages the Corps to work with acequia members to permit them to perform some of their own repairs.
Fire Island Inlet to Jones Inlet, New York- The Committee has provided $4,471,000 to the Corps of Engineers for dredging of Fire Island Inlet and the placement of the material on Gilgo Beach.
New York City Watershed, New York- The Committee is aware of ongoing efforts at the State and local level to develop a management plan for the 2,000 square mile watershed that supplies drinking water for the City of New York. The Committee urges the Corps of Engineers to utilize its expertise in dam and reservoir management and water quality monitoring to assist in that effort, which is essential to protect the drinking water supply for the 9 million people who live in the New York metropolitan area.
Lackawanna River, Scranton, Pennsylvania- The Committee has provided an additional $600,000 for preconstruction engineering and design of the project to provide flood control for the Plot and Greenridge sections of Scranton, Pennsylvania.
South Central Pennsylvania Environmental Restoration Infrastructure and Resource Protection Development Pilot Program, Pennsylvania- The bill includes $10,000,000 for the Corps of Engineers to continue work on the South Central Pennsylvania Environmental Restoration Infrastructure and Resource Protection Development Pilot Program authorized by section 313 of the Water Resources Development Act of 1992. Within the funds provided, the Committee directs the Corps to provide assistance to the Chestnut Ridge Area Joint Municipal Authority for the design and construction of public sewer projects. In fiscal year 1995, the Committee directed that funding provided for this program was to be used to design and construct a sewer management system for Broad Top Township and Coaldale Borough. Those funds may also be used for watershed reclamation projects included as part of the Broad Top Township and Coaldale Borough sewer management system. In addition, the Committee directs that funds provided for this program in fiscal year 1996 be used for the following projects: Hyndman Levee Project, Bedford County, Pennsylvania ($1,000,000); Guilford Township Water Line, Franklin County, Pennsylvania ($330,000); and Blair County Airport Industrial Development Sewer and Water Line, Martinsburg, Pennsylvania ($320,000).
Richmond Filtration Plant, Virginia- The bill includes $3,500,000 to complete construction of the Richmond Filtration Plant flood control project in Virginia.
Columbia River Juvenile Fish Mitigation, Washington, Oregon, and Idaho- Last year the Committee referred to this program as `a black hole for money.' That characterization was based on two concerns. First, the total estimated cost of the program had grown from $345,000,000 in fiscal year 1994 to $583,600,000 in fiscal year 1996. Second, in spite of the enormous sums of money being spent on the program, there appeared to be no consensus among all the parties involved in the effort about what needed to be done to restore the salmon runs. This year, the Corps of Engineers estimates that the total cost of this program will be almost $1,400,000,000 and there still appears to be no consensus about what steps need to be taken to restore the salmon runs. In a response to a question at this year's hearings about the changing cost of the program, the Corps of Engineers North Pacific Division Engineer stated that `the total cost will be relatively firm when final decisions are made on the long-term configuration and operation of the Federal Columbia River Power System to restore anadromous fish runs. At this time, we expect these decisions to be made near the turn of the century.' The Committee believes that it would be appropriate to slow down spending for this program until a definite plan for recovery of the fish runs can be developed. Accordingly, the Committee recommendation for the Columbia River Juvenile Fish Mitigation program is $78,800,000, which is the same as the amount appropriated in FY 1996 and $28,200,000 below the budget request. The Administration should be aware that in these times of declining budgets for discretionary programs it is unlikely that this line item will receive a significant increase in the future. The Administration should work to priorize its efforts in salmon recovery within a budget which is justified considering current and future fiscal constraints.
The Committee supports the testing and installation of surface bypass facilities at several of the Corps projects and understands that they may hold great promise for improving fish survival in the system. It is important, however, for the Corps to design, construct and install the surface bypass prototypes at the lowest possible cost. The recently installed surface bypass prototype at Lower Granite Dam cost more than twice as much as a surface bypass facility at a public utility district-owned project on the mid-Columbia River. While the configurations of the Federal and non-Federal projects on the Columbia and Snake rivers are all unique, and comparisons among them are difficult to make, the Committee is concerned that the Corps is over-designing its prototypes, and encourages the Corps to review its procedures in order to lower the cost of future facilities.
The Corps is directed to continue its work on gas abatement measures, including the construction of spillway flip lips at Ice Harbor and John Day dams. The Committee encourages efforts to continue improving monitoring of dissolved gas levels at the projects, and directs the Corps to work with the National Marine Fisheries Service, the states and the tribes to further improve the current physical gas monitoring and reporting system.
In addition, the Committee supports the construction of Passive Integrated Transponder (PIT) tag detectors at the John Day and Bonneville projects. The Committee understands that the Corps' cost estimate for the construction of the John Day PIT tag facility has been revised upward due to recently discovered problems at the construction site. The Committee considers this facility to be a high priority, and directs the Corps to allocate sufficient funds within the overall program to ensure that the facility is completed no later than October 1997.
In accordance with the Administration's request, no funds have been provided for the advanced planning and design for public and private facilities affected by the operation of the John Day project at minimum pool levels.
La Farge Lake, Kickapoo River, Wisconsin- The Committee has provided $20,000 for the Corps of Engineers to carry out remediation activities in anticipation of deauthorization of the La Farge Lake project and the transfer of project lands out of Federal ownership.
Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River, West Virginia, Kentucky, and Virginia- In addition to the amounts provided in the budget request, the Committee has provided: $18,500,000 to continue construction of the Phase III portion of the Harlan, Kentucky, element of the project, including continued construction of a river diversion, levee and floodwall structures, and nonstructural work; $4,050,000 to continue construction of the levee/floodwall and complete nonstructural work on the Williamsburg, Kentucky, element of the project; $2,000,000 for channel improvement work and nonstructural work on the Middlesboro, Kentucky, element of the project; $2,000,000 to continue nonstructural work on the Pike County, Kentucky, element of the project; $350,000 for the Martin County, Kentucky, element of the project; $300,000 for a draft report/plan for a flood prevention project in Martin, Kentucky, on the Levisa Fork; and $500,000 to continue engineering and design of the Haysi Dam feature of the Levisa Fork Basin, Virginia, element of the project. In addition, the Committee has deleted $1,600,000 requested for detailed project reports.
Continuing Authorities Programs- The Committee is pleased that the Administration has abandoned the proposal made last year to terminate the various continuing authorities programs. For relatively modest amounts of money these programs have provided significant benefits to many of our citizens, particularly those in smaller communities.
Small Flood Control Projects (Section 205)- The Committee has provided $29,000,000, $4,500,000 above the budget request, for the section 205 program. Within the funds provided, the bill includes: $1,000,000 to complete plans and specifications and initiate construction of the Northport, Alabama, project; $150,000 to initiate construction of the Elba, Alabama, project; $150,000 to initiate construction of the Geneva, Alabama, project; $3,916,000 to initiate and complete construction of the Muscle Shoals, Alabama, project; $252,000 to complete the feasibility study and initiate plans and specifications for the Dallas Branch/Pinhook Creek, Alabama, project; $242,000 to initiate and complete construction of the Clarks Spring Branch, Decatur, Alabama, project; $200,000 to initiate and complete plans and specifications for the Huntsville Spring Branch, Alabama, project; $250,000 to initiate engineering and design of the Arizona Statewide Flood Warning System project; $125,000 to initiate the feasibility study for the Tehama-Hamilton City, California, project; $690,000 to complete plans and specifications and initiate construction of the Magpie Creek, California, project; $540,000 to initiate and complete plans and specifications for the San Pedro Creek, Pacifica, California, project; $774,000 to initiate and complete plans and specifications and initiate construction of the Mission Zanja Creek, California, project; $20,000 to complete the reconnaissance phase of the Christopher Creek, Florida, project; $20,000 to complete the reconnaissance phase of the Spanish Pond, Florida, project; $65,000 to initiate construction of the Wills Branch (Cedar River), Florida, project; $300,000 to initiate engineering and design of the Cedar Hammock (Wares Creek), Manatee County, Florida, project; $170,000 to initiate the feasibility study for the Harmon Canal, Savannah, Georgia, project; $800,000 to complete design and initiate and complete construction of the Hamburg, Iowa, project; $200,000 to complete the feasibility study and initiate plans and specifications for the Grand Tower, Degonia and Fountain Bluff, Illinois, project; $223,000 to complete design for the installation of flood gates at McHenry and Algonquin Dams on the Fox River in Illinois; $222,000 to initiate plans and specifications for the Prairie du Rocher, Illinois, project; $1,500,000 to initiate construction of the North Libertyville Estates, Illinois, project; $50,000 to initiate studies of flooding problems along Indian Creek, Muddy Creek, and Brushy Creek in Lawrence County, Illinois; $363,000 to complete plans and specifications and initiate construction of the Brevoort Levee, Deshee Ditch Pump Plant, Indiana, project; $122,000 for design and construction of the Wabash River, City Ditch, Brevoort Levee, Indiana, project; $500,000 to complete plans and specifications and initiate construction of the Flatrock River, Rushville, Indiana, project; $200,000 to initiate construction of the Feather Creek, Clinton, Indiana, project; $150,000 to initiate the feasibility study for the Little Calumet River Basin, Dyer, Indiana, project; $25,000 to complete the feasibility study for the Bellepoint Floodwall, Frankfort, Kentucky, project; $100,000 to initiate and complete plans and specifications for the Beech Fork, Bardstown, Kentucky, project; $40,000 to complete the feasibility study for the Rolling Fork River, Lebanon Junction, Kentucky, project; $100,000 to initiate construction of the Jackson (Cy Bend), Kentucky, project; $100,000 to initiate construction of the Gwynn Falls, Maryland, project; $100,000 to initiate construction of the Black River at Poplar Bluff, Missouri, project; $91,000 to complete plans and specifications for the Main Ditch No. 8, Pemiscot County, Missouri, project; $3,200,000 to initiate construction of the St. Peters Old Town Levee, Missouri, project; $400,000 to complete plans and specifications and initiate construction of the Logan Creek at Pender, Nebraska, project; $135,000 to complete plans and specifications for the Mill Brook, Highland Park, New Jersey, project; $130,000 for the feasibility study for the Poplar Brook, Monmouth County, New Jersey, project; $300,000 to complete construction of the Sugar Creek, Bellbrook, Ohio, project; $200,000 to initiate and complete a feasibility study for flood reduction measures at two sites along Connoquenessing Creek in Franklin, Marion, and North Sewickley Townships in Pennsylvania; $100,000 to initiate and complete the feasibility study for the Emily Avenue/Timothy Street, Knoxville, Tennessee, project; and $555,000 to complete the feasibility study and initiate and complete plans and specifications for the Cedar River, Renton, Washington, project.
For the Magpie Creek, California, project, the Committee understands that the portion of the project located at McClellan Air Force base is not proceeding on the same schedule as the Corps of Engineers' section 205 project. The Committee directs the Corps of Engineers to proceed with this project such that its design shall provide for the future construction of on-base improvements. Any modifications made to the on-base portion of the project during design shall be made in consultation with the local sponsor.
Emergency Streambank and Erosion Control (Section 14)- The Committee has provided $9,500,000 for the section 14 program, $2,000,000 above the budget request. Within the funds provided, the bill includes: $185,000 to initiate and complete construction of the Ditto Landing, Huntsville, Alabama, project; $500,000 to initiate and complete construction of the Batesville, Arkansas, project; $110,000 to complete construction of the Whitewater River, Brookville, Indiana, project; $40,000 to initiate and complete planning and design of the Mill Creek, Parke County, Indiana, project; $80,000 for planning, design and construction of the White River, Freedom, Indiana, project; $109,000 to initiate and complete construction of the Ohio River, Masterson House, Kentucky, project; $335,000 to complete construction of the French Creek, Wattsburg, Pennsylvania, project; $500,000 to initiate and complete planning and construction of the Cumberland River, Clarksville Fairgrounds, Tennessee, project; $500,000 to initiate and complete planning and construction of the Cumberland River (river miles 193.8 to 197.5), Nashville, Tennessee, project; $300,000 to initiate and complete planning and construction of the Cumberland River, Erin Water Treatment Intake, Tennessee, project; $500,000 for design and construction of the City Interceptor Sewer Line (Tennessee River mile 466.5), Tennessee, project; $500,000 for design and construction of the Tennessee Riverpark, Frye Fishing Center, Tennessee, project; $258,000 to initiate and complete construction of the project at Howard Bridge in Columbia, Tennessee; $395,000 to complete plans and specifications and initiate construction of the Washington-on-the-Brazos, Texas, project; and $232,000 to initiate and complete construction of the Ohio River, City of Chester, West Virginia, project.
Small Beach Erosion Control Projects (Section 103)- The Committee has provided $5,800,000 for the section 103 program, $2,800,000 above the budget request. Within the funds provided, the bill includes: $1,850,000 for construction of the City of Carlsbad-Aqua Hedionda Lagoon, California, project; $500,000 to initiate construction of the Shelter Island/Ram Island Causeway, New York, project; $400,000 to initiate construction of the Oakwood Beach, New York, project; and $1,757,000 to complete plans and specifications and initiate construction of the Lummi Shore Road, Lummi Indian Reservation, Washington, project.
Small Navigation Projects (Section 107)- The Committee has provided $5,000,000 for the section 107 program, the same as the budget request. Within the funds provided, the bill includes: $100,000 to initiate a study of navigation problems at Hernando Beach Channel in Florida; $305,000 to implement a modification to expand the limits of the Shallow Creek navigation project in Baltimore County, Maryland; $100,000 to initiate a study of navigation problems at Rockhold Creek in Maryland; $100,000 to initiate a study of navigation problems at Huron Harbor, Michigan; $100,000 to study the need for navigation improvements at Mamaroneck Harbor in New York; $980,000 to complete plans and specifications and initiate and complete construction of the breakwater extension project at Newport Harbor, Oregon; $100,000 to initiate the feasibility study for the Coan River, Virginia, project; and $100,000 to initiate the feasibility study for the Messick Point, Back River, Virginia project.
Clearing and Snagging for Flood Control (Section 208)- The Committee has provided $500,000 for the section 208 program, the same as the budget request. Within the funds provided, the Committee has provided $300,000 for initiation and completion of planning and design studies for the Walker River Basin project in Nevada.
Project Modifications for Improvement of the Environment (Section 1135)- The Committee has provided $15,000,000 for the section 1135 program, the same as the budget request. Within the funds provided, the bill includes: $438,000 to prepare a project modification report and initiate engineering and design of the Gunnerson Pond, California, project; $600,000 to initiate and complete plans and specifications and initiate construction of the San Lorenzo River, California, project; $600,000 to complete plans and specifications and initiate construction of the Upper Sacramento River, Murphy Slough, California, project; $3,000,000 to continue construction of the Yolo Basin Wetlands (Davis Site), California, project; $500,000 to complete the project modification report for the Prospect Island, California, project; $500,000 for plans and specifications for a sea turtle nesting habitat project at Long Beach, North Carolina; $253,000 to initiate and complete design and environmental compliance work for the Grande Ronde Headcut Stabilization project in Oregon; and $3,750,000 to complete plans and specifications and initiate and complete construction of an environmental restoration project at the Port of Jefferson in the Cypress Valley Watershed in Texas.
FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES
ARKANSAS, ILLINOIS, KENTUCKY, LOUISIANA, MISSISSIPPI, MISSOURI, AND TENNESSEE
| Appropriation, 1996 | $307,885,000 |
| Budget Estimate, 1997 | 292,500,000 |
| Recommended, 1997 | 302,990,000 |
| Comparison: | |
| Appropriation, 1996 | -4,895,000 |
| Budget Estimate, 1997 | +10,490,000 |
The budget request and the approved Committee allowance are shown on the following table:
Offset Folios 036 Insert here
001
Helena and Vicinity, Arkansas- Due to the budgetary situation, the Committee has deleted the funds requested for the initiation of construction of the Helena and Vicinity, Arkansas, project.
Atchafalaya Basin Floodway System, Louisiana- The Committee has provided an additional $425,000 for the Secretary of the Army, acting through the Chief of Engineers, to construct a boat ramp near Simmesport in Avoyelles Parish, Louisiana, as part of the Atchafalaya Basin Floodway System, Louisiana, project authorized in Public Law 99-88.
Yazoo Basin, Demonstration Erosion Control, Mississippi- The bill includes $18,000,000 for the Demonstration Erosion Control program, a continuation of joint efforts by the Vicksburg District of the U.S. Army Corps of Engineers and the Natural Resources Conservation Service in the Yazoo Basin of Mississippi. The funds provided will permit the Corps of Engineers to undertake work in the following watersheds: Batupan Bogue, Otoucalofa Creek, Hotophia Creek, Black Creek, Abiaca Creek, Hurricane-Wolfe Creek, Coldwater River, and Yalobusha River. For the Yalobusha River Basin, the Committee has provided $1,000,000 for the Corps of Engineers to design and construct grade control structures, clean out channels, develop an environmental impact statement and design future work. The Committee does not concur with the Administration's position that this partially completed project has fully demonstrated its effectiveness. This project, which is only now beginning to generate the technology transfer originally anticipated, should be continued to completion, including the necessary monitoring to facilitate technology transfer. The Committee expects the Administration to continue to request funds for this important program.
St. Johns-New Madrid Floodway Flood Control Project, Missouri.--The Committee urges the Corps to complete its pre-construction activities on the St. Johns-New Madrid Floodway Flood Control Project, particularly the East Prairie element, within six months of the enactment of this bill. The Corps is expected to cooperate with the U.S. Department of Agriculture, its Enterprise Community Program, and other federal agencies.
West Tennessee Tributaries, Tennessee- The Committee is aware that the West Tennessee Tributaries flood control project authorized by the Flood Control Act of June 30, 1948, has been a matter of considerable concern for many years because of the need to consider and implement measures to preserve and enhance environmental values as part of the project. The Committee is further aware that a steering committee, including membership representing a cross-section of all interested groups, has been tasked by the State of Tennessee to develop a plan which can be supported by all interests. The Committee has been advised that the steering committee has developed a consensus plan on two critical watersheds within the basin to be implemented as a demonstration of a total watershed/ecosystem approach to providing a measure of flood control while preserving and enhancing environmental resources. Therefore, the Committee directs that the Corps of Engineers utilize funds provided for the West Tennessee Tributaries project for demonstration projects on the Middle Fork Forked Deer River, Buck Creek, and Stokes Creek Watersheds, and to conduct reformulation studies to develop consensus plans for flood control and environmental preservation using a total watershed/ecosystem approach. The construction of protection works for bridges and other facilities where channel improvement work has been completed should also be continued.
Mississippi River Levees, Louisiana- The Committee has provided an additional $2,860,000 for the Corps of Engineers to accelerate the important work of bringing Mississippi River levees in Louisiana up to grade.
Sardis Lake, Mississippi- The Committee is aware that the City of Sardis, Mississippi, has worked closely with the Corps of Engineers to develop a viable and responsible plan for developing the valuable resources of Sardis Lake in Mississippi. The Committee has provided additional funds so that the Corps of Engineers may perform the dredging that is necessary for the development plan to proceed.
OPERATION AND MAINTENANCE, GENERAL
| Appropriation, 1996 | $1,703,697,000 |
| Budget Estimate, 1997 | 1,663,000,000 |
| Recommended, 1997 | 1,701,180,000 |
| Comparison: | |
| Appropriation, 1996 | -2,517,000 |
| Budget Estimate, 1997 | +38,180,000 |
The budget request and the approved Committee allowance are shown on the following table:
Offset Folios 39 to 49 Insert here
011
Greers Ferry Lake, Arkansas- The Committee has provided an additional $200,000 for paving of roads at the Greers Ferry Lake project in Arkansas.
Isabella Lake, California- The Committee expects the Corps of Engineers to use funds appropriated in this Act to conduct the measures required by the May 16, 1996, Biological Opinion issued by the U.S. Fish and Wildlife Service with respect to the operation of Isabella Reservoir, Kern County, California. The Committee further expects the Corps of Engineers to identify the least costly actions available, including, whenever possible, the utilization of partnerships with other Federal and non-Federal agencies and organizations, so that the Corps can continue to operate and maintain Isabella Dam and Reservoir for flood control and water conservation purposes as provided in the October 23, 1964 contract among the United States of America and various public agencies.
Los Angeles County Drainage Area, Compton Creek, California- The Committee has been advised that the Corps of Engineers has entered into an agreement with the City of Compton and the Los Angeles County Department of Public Works to begin a one-time clean-up of the Compton Creek channel feature of the Los Angeles County Drainage Area project. In support of this agreement and in light of the potential hazards that exist because of the project's current condition, the Committee directs the Corps to use $500,000 to continue the necessary channel maintenance and other related flood control improvements.
Los Angeles County Drainage Area, Sepulveda Dam, California- The Committee has provided $3,200,000 for the Corps of Engineers to continue the development of recreation facilities at Sepulveda Dam in California.
Los Angeles-Long Beach Harbors, California- The Committee has provided $3,800,000 for the Los Angeles-Long Beach Harbors project. With the funds provided, the Committee expects the Corps of Engineers to perform maintenance dredging, conduct channel condition surveys, and conduct a study of the need to rehabilitate the breakwater. In addition, the Committee directs the Corps of Engineers to work with the Environmental Protection Agency to complete all actions necessary for the designation of the LA-3 site as a permanent dredged material disposal site.
Los Angeles River, California- The Committee is aware of the need for the Corps of Engineers to perform maintenance dredging to remove the material that has accumulated at the mouth of the Los Angeles River. The Committee is also aware that a suitable disposal site for that material has yet to be identified. Therefore, the Committee has provided $300,000 for the Corps of Engineers to complete the ongoing study of dredged material disposal alternatives for material that has accumulated at the mouth of the Los Angeles River.
Napa River, California- The bill includes $2,056,000 for maintenance dredging of the Napa River, California, project as requested by the Corps of Engineers.
Newport Bay Harbor, California- The Committee has provided an additional $550,000 for the Corps of Engineers to continue repairs to the damaged east and west jetties at Newport Bay Harbor in California.
Noyo River and Harbor, California- The Committee has provided $736,000 for maintenance dredging of the Noyo River and Harbor project, the same as the budget request. The Committee is aware of recent loss of life and property at the project and supports designation of the project as a Harbor of Refuge. Such losses are an example of why the Committee views the Administration's proposal to discontinue dredging at smaller harbors as ill-advised. The Committee believes that the Corps of Engineers should investigate whether controlling sedimentation before it reaches the navigation channel is a cost-effective means of maintaining the project. The Committee further directs the Corps to evaluate whether the design of the original inner jetty is contributing to the dangerous situation at the mouth of the Noyo River.
San Pablo Bay and Mare Island Strait, California- The Committee believes that the Corps of Engineers should continue its maintenance dredging of Mare Island Strait at sufficient depths to permit commercial traffic to continue to use Mare Island facilities once they have been converted from military use.
Terminus Dam, California- The Committee has provided an additional $680,000 to accelerate completion of the ongoing seismic analysis at Terminus Dam.
Ventura Harbor, California- The Committee has provided $3,900,000 for the Corps of Engineers to perform maintenance dredging and repair the breakwater and jetties at Ventura Harbor in California.
Fort Myers Beach, Florida- The Committee has provided $375,000 for the Corps of Engineers to reimburse the local sponsor of the Fort Myers Beach, Florida, project for maintenance dredging it performed to open the authorized channel to navigation.
Savannah and Brunswick Harbors, Georgia- The Committee is very concerned that the Corps of Engineers has not been adequately maintaining the Savannah and Brunswick Harbor projects in Georgia. In order to keep these important projects open to navigation, the Committee has provided $16,000,000 for Savannah Harbor and $3,400,000 for Brunswick Harbor.
Savannah River Below Augusta, Georgia- The Committee has provided an additional $1,000,000 for the Corps of Engineers to undertake repairs to the New Savannah Bluff Lock and Dam.
Chicago Harbor, Illinois- The Committee has provided an additional $1,150,000 for the Corps of Engineers to continue repairs to the Chicago Lock.
Indiana Harbor, Indiana- The Committee has provided an additional $292,000 for the Corps of Engineers to complete the design memorandum and initiate and complete plans and specifications for a confined dredged material disposal facility for the Indiana Harbor, Indiana, project.
Kentucky River Locks and Dams 5-14, Kentucky- The Committee has provided $3,600,000 for the Corps of Engineers to complete repairs to Locks and Dams 5-14 on the Kentucky River in preparation for transfer of the facilities to the Commonwealth of Kentucky.
Red River Waterway, Louisiana- The bill includes an additional $1,000,000 for the Corps of Engineers to undertake remedial measures to enhance the environmental value of, and provide access to the oxbow lakes created by construction of the Red River Waterway project.
Fishing Creek, Maryland- The Committee has provided $400,000 for the Corps of Engineers to perform maintenance dredging of the Fishing Creek project in Maryland.
Jennings Randolph Lake, Maryland and West Virginia- The Committee has provided $140,000 for the Corps of Engineers to complete work on the revised master plan for Jennings Randolph Lake.
Kawkawlin River, Michigan- The Committee has provided $160,000 for maintenance of the Kawkawlin River, Michigan, flood control project.
St. Joseph Harbor, Michigan- The Committee has provided an additional $325,000 for the Corps of Engineers to perform maintenance dredging of the inner harbor at the St. Joseph Harbor, Michigan, project.
Cedar River Harbor, Michigan- The Committee has provided $125,000 for the Corps of Engineers to undertake detailed design, including the preparation of plans and specifications, for repairs to the breakwaters at Cedar River Harbor in Michigan.
Clearwater Lake, Missouri- The bill includes an additional $350,000 for the Corps of Engineers to undertake engineering and design activities related to the relocation of facilities impacted by flooding.
Little Sodus Bay Harbor, New York- The Committee has provided $1,700,000 for the Corps of Engineers to repair the deteriorated breakwater at Little Sodus Bay Harbor in New York.
Semi-Annual Surveys of Critical Channels in New York and New Jersey Harbors- The Committee has provided an additional $750,000 for the Corps of Engineers to conduct semi-annual hydrographic surveys of the Sandy Hook, Raritan Bay, Arthur Kill, Passaic River, Hackensack River, Newark Bay and Kill Van Kull navigation channels in the ports of New York and New Jersey. These funds should be utilized to supplement the funds provided to conduct normal channel surveys until such time as normal maintenance dredging can be conducted in these critical navigation channels.
New York--New Jersey Dredged Material Management Study- The Committee understands that the Corps of Engineers has been unable to adequately maintain to authorized depths the Federal navigation channels in the Ports of New York and New Jersey due to the lack of acceptable dredged material disposal sites. The Committee also understands that efforts are being made in the region by Federal, state, and port agencies to identify short and long term disposal strategies and to site the necessary facilities. Those efforts are to be encouraged. In the interim, the Secretary of the Army is directed to use all available resources, and to work with the States of New Jersey and New York, to maintain the authorized depths of the Federal navigation channels in New York-New Jersey Harbor and to employ any economically feasible sediment management options that become available for dredged material disposal.
The Committee is aware that the budget request includes $2,500,000 for the Dredged Material Management Plan for New York-New Jersey Harbor. As work on the plan progresses, the Committee directs the Secretary of the Army to proceed with implementation of any individual option to advance solutions to the dredged material disposal problem in advance of completion of the overall management plan. An example would be implementation of solutions such as long-term capacity confined disposal facilities to serve Federal and non-Federal dredging activity. In addition to the regional discussions above, the Corps of Engineers' December 1989 report, `Managing Dredged Material: Evaluation of Disposal Alternatives in the New York-New Jersey Metropolitan Region,' and the 12-year study on which it is based should serve to indicate feasible solutions.
Manteo (Shallowbag Bay), North Carolina- The Committee has provided an additional $160,000 for the Corps of Engineers to continue the monitoring of the terminal groin constructed at Oregon Inlet.
Garrison Dam, Lake Sakakawea, North Dakota- The Committee has provided an additional $100,000 for the Corps of Engineers to undertake mosquito control activities in the vicinity of Williston, North Dakota.
Cleveland Harbor, Ohio- The Committee recommends that the Corps of Engineers negotiate with the City of Cleveland a more flexible payment schedule for completion of the new confined disposal facility adjacent to Burke Airport. This will alleviate the burden on the City of a $3,500,000 payment due in early fall.
Oklahoma Reservoirs- The Committee is aware that several Corps of Engineers projects in the State of Oklahoma were constructed over producing or abandoned oil and natural gas fields and that, over time, a number of unplugged or poorly plugged wells have purged saltwater, oil, or gas into the lakes. The Committee understands that the Oklahoma Corporation Commission has recently received grants from the Department of Energy that can be used to locate and map existing oil and gas wells that may be purging into Corps of Engineers reservoirs. The Committee directs the Corps of Engineers to cooperate fully with the Oklahoma Corporation Commission in that undertaking.
Pensacola Reservoir--Lake of the Cherokees, Oklahoma- The Committee has provided an additional $1,500,000 for the Corps of Engineers to undertake a study of the need to acquire additional real estate interests in the upstream areas adjacent to and surrounding Grand Lake that are adversely impacted by the operation of the project.
Columbia and Lower Willamette Rivers below Vancover, Washington, and Portland, Oregon- The Committee has provided $400,000 for the Corps of Engineers to undertake a ship simulation study of the need to make modifications to the Bookfield/Pillar Rock stretch of the Columbia River channel in the interest of navigation safety and $2,000,000 to undertake corrective measures.
Willamette River Basin, Oregon- The Committee has provided $1,345,000 for a program to mark hatchery reared salmon in order to permit a selective fishery to be developed. This will allow wild fish to be released, while at the same time permitting a recreational fishery to continue.
Raystown Lake, Pennsylvania- The Committee has provided $500,000 for the Corps of Engineers to implement facility upgrades identified in the 1992 Master Plan update for Raystown Lake in Huntingdon County, Pennsylvania.
Tennessee River, Tennessee- From within funds available for maintenance of the Tennessee River project, the Committee has provided $1,000,000 for improvements to landing facilities as recommended in the Corps of Engineers Nashville District's Guntersville Landing report dated June 1996.
Cooper Lake and Channels, Texas- The Committee has provided an additional $150,000 for the Corps of Engineers to accomplish necessary environmental compliance and studies associated with a land designation change at the Cooper Lake and Channels project and an additional $1,500,000 for infrastructure improvements to support proposed project enhancements.
Mississippi River Mainstem Model Development- The Committee is aware of the Corps of Engineers' involvement in mapping and geographic information system (GIS) activities for the Mississippi River Mainstem Model Development project. Within available funds, the Corps is encouraged to work toward completion of surveying, large-scale mapping and GIS activities in support of the hydraulics and hydrology model.
Laser Induced Distance and Ranging (LIDAR)- The Committee supports the use of the LIDAR system for topographic mapping and expects the Corps of Engineers New Orleans District to utilize funds to participate in the proof of concept of this technology for further commercial uses as part of the Atchafalaya Hydrographic Survey Book project.
REGULATORY PROGRAM
| Appropriation, 1996 | $101,000,000 |
| Budget Estimate, 1997 | 112,000,000 |
| Recommended, 1997 | 101,000,000 |
| Comparison: | |
| Appropriation, 1996 | ........................... |
| Budget Estimate, 1997 | -11,000,000 |
This appropriation provides for salaries and related costs to administer laws pertaining to regulation of navigable waters and wetlands of the United States in accordance with the Rivers and Harbors Act of 1899, the Clean Water Act of 1977, and the Marine Protection Act of 1972.
For fiscal year 1997, the Committee recommends an appropriation of $101,000,000 for the Corps of Engineers' Regulatory Program, which is the same as the fiscal year 1996 level and $11,000,000 below the budget request. The Committee notes that the fiscal year 1997 budget request for the Regulatory Program is over 50% greater than the amount appropriated in fiscal year 1991. In light of the budgetary situation, the Committee believes that the Corps of Engineers must seek ways to streamline the permitting process, which will not only have the benefit of reducing the costs associated with administering this program, but will also reduce the regulatory burden on our citizens.
Santa Rosa Plain Vernal Pools Task Force, California- The goal of the Vernal Pools Task Force is to develop a general permit application that will specifically identify a finite area of high grade vernal pools suitable for protection. Using the data gathered in Phase I and Phase II, the application will also specifically identify areas with low quality or no vernal pools that qualify for automatic inclusion under the general permit. The Committee is disappointed that the Corps of Engineers has thus far utilized only about $100,000 of the $250,000 appropriated for the task force in fiscal year 1996. The Committee directs that such amounts as are necessary for the Vernal Pools Task Force in fiscal year 1997 be taken from funds otherwise available for the Regulatory Program.
Lakes Earl and Talawa, California- The Committee directs the Corps of Engineers to use up to $300,000 of the funds provided for the Regulatory Program to conduct a study of the effects of different breach elevations on the natural resources of Lakes Earl and Talawa.
Evaluation of Gravel Operations, Lower Eel and Mad Rivers, California- The Committee directs the Corps of Engineers to use $250,000 of the funds provided for the Regulatory Program to study long-term sedimentation and conduct biological monitoring of the impacts of gravel operations on the aquatic ecosystem in the Lower Eel and Mad Rivers, including potential mitigation measures.
FLOOD CONTROL AND COASTAL EMERGENCIES
| Appropriation, 1996 | $145,000,000 |
| Budget Estimate, 1997 | 15,000,000 |
| Recommended, 1997 | 10,000,000 |
| Comparison: | |
| Appropriation, 1996 | -135,000,000 |
| Budget Estimate, 1997 | -5,000,000 |
| Note: The fiscal year 1996 appropriation includes $135,000,000 in emergency appropriations enacted in Public Law 104-134. |
This activity provides for flood emergency preparation, flood fighting and rescue operations, and repair of flood control and Federal hurricane or shore protection works. It also provides for emergency supplies of clean drinking water where the source has been contaminated and, in drought distressed areas, provision of adequate supplies of water for human and livestock consumption.
Pierce County, Washington- The Committee is aware that as a result of flooding which occurred in November of 1995 and February of 1996, non-Federal levees along the Puyallup and Carbon Rivers in Pierce County, Washington, suffered severe damages. The Committee is further aware that these levees could be eligible for Federal assistance under the provisions of Public Law 84-99 were it not for requirements of the Puyallup Tribe of Indians Settlement Act of 1989, which prevented the County from complying with the Corps of Engineers national vegetation management standards. The Committee believes that the residents of Pierce County should not be penalized for having to comply with the terms of that agreement, and has, therefore, included language in the bill which directs the Secretary of the Army to rehabilitate the damaged levees along the Puyallup and Carbon Rivers. The Committee further directs the Corps of Engineers to immediately begin working with the County and the Tribe to develop an acceptable levee vegetation management program for levees affected by the Puyallup Tribal settlement in Pierce County, Washington.
OIL SPILL RESEARCH
| Appropriation, 1996 | $850,000 |
| Budget Estimate, 1997 | 850,000 |
| Recommended, 1997 | ........................... |
| Comparison: | |
| Appropriation, 1996 | -850,000 |
| Budget Estimate, 1997 | -850,000 |
Section 7001 of the Oil Pollution Act of 1990 established an Interagency Coordinating Committee on Oil Pollution Research to develop a plan for, and coordinate the implementation of, an oil pollution research, development, and demonstration program.
Title VII of the Oil Pollution Act of 1990 also authorizes use of the Oil Spill Liability Trust Fund to perform oil pollution research.
Due to the severe budgetary situation, the Committee has deleted the funds requested by the Administration for the Corps of Engineers participation in the activities of the Interagency Coordinating Committee of Oil Pollution Research established by section 7001 of the Oil Pollution Act of 1990.
GENERAL EXPENSES
| Appropriation, 1996 | $151,500,000 |
| Budget Estimate, 1997 | 153,000,000 |
| Recommended, 1997 | 145,000,000 |
| Comparison: | |
| Appropriation, 1996 | -6,500,000 |
| Budget Estimate, 1997 | -8,000,000 |
This appropriation finances the expenses of the Office of the Chief of Engineers, the Division Offices, and certain research and statistical functions of the Corps of Engineers.
Last year, the Committee expressed its concern about the amount of money required to provide executive direction and management to the Corps of Engineers district offices. The Committee also expressed its belief that, faced with the prospect of declining budgets, the Nation could no longer afford the current Corps of Engineers division office structure. It is now clear that the Committee's concerns were well founded and the Committee has included language in the bill requested by the Administration that permits funds to be used to reduce the number of division offices. Due to the budgetary constraints faced by the Committee, the recommendation for General Expenses of the Corps of Engineers for fiscal year 1997 is $145,000,000, a decrease of $6,500,000 below the fiscal year 1996 level and $8,000,000 below the budget request.
San Francisco Bay--Sacramento--San Joaquin Delta, California- In the Bay-Delta Accord signed on December 15, 1994, several Federal agencies, the State of California, environmental organizations, and water users agreed to develop a plan to protect the Bay-Delta estuary's environmental resources and restore reliable water supplies to California's farms and cities. Though not a signatory to the Accord, the Corps of Engineers has authority over programs that are necessary to its successful implementation. The Committee urges the Corps to work with Bay-Delta agencies and to provide them with technical, planning and administrative assistance in fulfilling their obligations under the Bay-Delta Accord.
GENERAL PROVISION
CORPS OF ENGINEERS--CIVIL
Hopper Dredging- Public Law 95-269 requires that the Secretary of the Army carry out dredging by contract if the Secretary determines that industry has the capability to do the work and that it can be done at reasonable prices and in a timely manner. Under this authority, the Corps tested the industry's capability in the 1980s through a program of competitive bidding that indicated industry could do a great deal of the dredging work far more efficiently than the Federal government. The Committee notes that recent efforts to test industry's capability by advertising for contract 7,500,000 cubic yards of dredging volume previously accomplished by government vessels has been successful. The Committee, therefore, has decided to expand that effort by including a provision in the bill that directs the Secretary of the Army to advertise for competitive bid 10,000,000 cubic yards of hopper dredge volume accomplished with government dredges in fiscal year 1992.
Hopper Dredge McFarland- The Committee has included language prohibiting the use of appropriated funds to study, design, or undertake improvements to the Federal vessel, McFarland. The limitation of the use of funds includes funds appropriated to carry out Federal dredging projects which are then deposited into the Corps Revolving Fund and used to pay for the operation, maintenance or improvement of Federal equipment, such as Corps' dredges. In prohibiting improvements to the vessel, the Committee does not intend to prevent or interfere with repairs to the vessel needed to keep the vessel in its current operating condition.
TITLE II
DEPARTMENT OF THE INTERIOR
CENTRAL UTAH PROJECT
CENTRAL UTAH PROJECT COMPLETION ACCOUNT
| Appropriation, 1996 | $44,139,000 |
| Budget Estimate, 1997 | 43,627,000 |
| Recommended, 1997 | 43,627,000 |
| Comparison: | |
| Appropriation, 1996 | -512,000 |
| Budget Estimate, 1997 | ........................... |
The Central Utah Project Completion Act (Titles II-VI of Public Law 102-575) provides for the completion of the Central Utah Project by the Central Utah Water Conservancy District. The Act also authorizes the appropriation of funds for fish, wildlife, and recreation mitigation and conservation; establishes an account in the Treasury for the deposit of these funds and of other contributions for mitigation and conservation activities; and establishes a Utah Reclamation Mitigation and Conservation Commission to administer funds in that account. The Act further assigns responsibilities for carrying out the Act to the Secretary of the Interior and prohibits delegation of those responsibilities to the Bureau of Reclamation.
The Committee recommendation for fiscal year 1997 to carry out the provisions of the Act is $43,627,000, the same as the budget request.
BUREAU OF RECLAMATION
GENERAL INVESTIGATIONS
| Appropriation, 1996 | $12,684,000 |
| Budget Estimate, 1997 | 15,095,000 |
| Recommended, 1997 | 14,548,000 |
| Comparison: | |
| Appropriation, 1996 | +1,864,000 |
| Budget Estimate, 1997 | -547,000 |
The budget request and the approved Committee allowance are shown on the following table:
Offset folios 88 to 90 insert here
001
West Salt River Valley Water Resources Management Study, Arizona.--The Committee has provided $200,000 for the Bureau of Reclamation to begin work on a study to develop a regional solution to eliminate groundwater mining and increase reliance on renewable water supplies in the West Salt River Valley.
Del Norte County and Crescent City Wastewater Reclamation Study, California.--The Committee has provided $500,000 for the Bureau of Reclamation to complete the appraisal study and initiate preconstruction engineering and design for the Del Norte County and Crescent City Wastewater Reclamation project. The Committee believes that in view of the depressed economy of the region, the Bureau should make every effort to minimize any requirement for a local contribution. At a minimum, in-kind services performed by the local sponsor should be considered part of the local share.
Fort Bragg Reclamation Study, California- The bill includes $500,000 for the Bureau of Reclamation to complete the appraisal study and initiate preconstruction engineering and design for the Fort Bragg Reclamation project. The Committee believes that in view of the depressed economy of the region, the Bureau should make every effort to minimize any requirement for a local contribution. At a minimum, in-kind services performed by the local sponsor should be considered part of the local share.
Sacramento County Water Reclamation and Reuse Study, California.--The Committee has provided $300,000 for the Bureau of Reclamation to undertake a water reclamation and reuse study for Sacramento County, California.
Salton Sea Research Project, California.--The Committee has provided $400,000 for the Bureau of Reclamation to continue the Salton Sea, California, research project.
Southern California Comprehensive Water Study, California.--The Committee has provided $750,000 for the Bureau of Reclamation to continue its participation to develop a long-range water supply and reclaimed water management program for the southern California coastal and inland valley area. Due to the addition of the Orange County Regional Water Reclamation study as part of this existing study, up to $97,000 shall be provided for the Orange County Regional Water Reclamation Project.
Carson River Basin, Nevada.--The Committee has provided $200,000 for the Bureau of Reclamation to undertake a groundwater study in the Fallon area of Churchill County, Nevada.
Walker River Basin, Nevada.--The Committee has provided $250,000 for the Bureau of Reclamation to continue a study, being conducted in cooperation with the University of Nevada, of the potential for water banking within the Walker River Basin of Nevada. Specifically, the study is seeking to assess the extent to which voluntary water transfers involving private water rights holders and the Walker River Indian Reservation might be employed to assist in the development of a water bank, and in the conservation and stabilization of water quality for fish habitat and recreation in the Walker River Basin.
Rio Grande Conveyance Canal/Pipeline, Texas- The bill includes $200,000 for the Bureau of Reclamation to continue its participation in the modeling of a lined conveyance system to deliver water from Elephant Butte Dam to El Paso.
CONSTRUCTION PROGRAM
| Appropriation, 1996- | $420,046,000 |
| Budget Estimate, 1997 | 392,524,000 |
| Recommended, 1997 | 398,069,000 |
| Comparison: | |
| Appropriation, 1996 | -21,977,000 |
| Budget Estimate, 1997 | +5,545,000 |
| Note: The fiscal year 1996 appropriation includes $9,000,000 in emergency appropriations enacted in Public Law 104-134. |
The budget request and the approved Committee allowance are shown on the following table:
Offset folios 62 to 63 insert here
002
Central Arizona Project, Tucson Reliability Project, Arizona.--The Committee has included language in the bill that directs the Bureau of Reclamation, utilizing funds appropriated for the Tucson Aqueduct System Reliability Investigation, 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.
Brackish Water Reclamation Demonstration Facility, California.--The Committee has provided $1,000,000 in support of the Port Hueneme Water Agency's brackish water reclamation demonstration project.
Central Valley Project, Delta Division, California.--The Committee has provided $1,000,000, $750,000 above the budget request, for the Bureau of Reclamation to undertake an environmental analysis and perform pre-design and design engineering for screening of the Contra Costa Canal intake at Rock Slough.
Central Valley Project, Miscellaneous Project Programs, California-
- Refuge Water Supply.--The Committee has provided $5,000,000, the same as the budget request, for design, engineering, and construction of facilities to convey water supplies to Federal wildlife refuges, as required by section 3406(d) of Public Law 102-575. The Committee directs the Bureau of Reclamation to make the selection of an alternative for supplying water to the Sacramento National Wildlife Refuge complex a high priority and to take such steps as are necessary to ensure that the project is not delayed, particularly in light of the continuing delays in the completion of the Programmatic Environmental Impact Statement for the entire Central Valley Project.
- Spring Run and Coho Salmon Programs.--The Committee has provided funds to be deposited with the National Fish and Wildlife Foundation to be used in support of activities to enhance and protect the Spring Run Salmon ($225,000) and the Coho Salmon ($225,000).
- Salmon Stamp Program.--The Committee, pursuant to section 3407(e) of Public Law 102-575, has provided $200,000 for the Salmon Stamp Program, which is directed and overseen by representatives of commercial salmon fishermen, charter boat operators, and the California Department of Fish and Game for programs and activities that will increase the production of young salmon in Central Valley Project impacted streams or fishery habitat.
Central Valley Project, Sacramento River Division, California-
- Glenn-Colusa Irrigation District (Hamilton City Pumping Plant).--The Committee has provided $4,300,000 for continuing work on a new fish screen and fish recovery facilities associated with the Glenn-Colusa Irrigation District's Hamilton City Pumping Plant, the same as the budget request. Costs incurred for work undertaken to construct and evaluate the interim fish protection improvements shall be included as a part of the Federal-state cost share, pursuant to section 3406(b)(20) of Public Law 102-575, of the long-term program to mitigate the fishery impacts associated with the district's operations. The Committee notes that the aforementioned section authorizes and directs the Secretary of the Interior to `participate' in the `on-going' project to address the fish passage problems at the Hamilton City Pumping Plant. To ensure that the intent of the authorizing statute is observed and to ensure that the project is carried out at the least cost, the Committee directs the Bureau of Reclamation to provide private entities with a fair and reasonable opportunity to design and construct the project with oversight responsibility by the Bureau of Reclamation in cooperation with the Glenn-Colusa Irrigation District.
- Alternative Fish Protection Facilities.--The Committee has provided an additional $1,100,000 for the installation and evaluation of electric fish guidance systems at Reclamation District 108's Wilkins Slough pumping plant and an additional $215,000 for the installation and evaluation of an alternative fish guidance system at Reclamation District 1004. Such funds are provided as a continuation of the Bureau of Reclamation's unscreened diversion technology demonstration program.
- Winter-Run Chinook Salmon Captive Broodstock Program.--The Committee has provided $500,000 to continue the Sacramento River Winter-Run Chinook Salmon Captive Broodstock Program. The Committee strongly supports this program's objectives.
- Colusa Basin Drainage District.--The Committee has provided $300,000 for continued work on the Colusa Basin Drainage District's integrated resource management project, $100,000 more than the budget request.
Central Valley Project, Trinity River Restoration Program, California.--The Committee has provided $5,000,000 for the Trinity River Restoration Program, the same as the budget request. The amount provided includes $750,000 requested by the Hoopa Valley Tribe and endorsed by the Administration for support of the co-management agreement between the Hoopa Valley Tribe and the Bureau of Reclamation.
San Francisco Bay--Sacramento--San Joaquin Delta, California.--As a signatory to the Bay-Delta Accord of December 15, 1994, the Bureau of Reclamation joined other Federal agencies and the State of California in committing financial resources to the restoration and protection of the Bay-Delta estuary. The Bureau of Reclamation's budget estimates for fiscal years 1996 and 1997 did not, however, identify the funds that will be devoted to implementation of the Bay-Delta Accord. The success of this historic initiative depends upon the fulfillment of the Federal commitment. The Committee expects that the fiscal year 1998 budget estimates of the Bureau of Reclamation will identify in detail the funds and programs dedicated to implementation of the Accord.
Animas-La Plata Project, Colorado and New Mexico.--It is the desire of the Committee that the Secretary of the Interior comply with the directive issued by Congress last year and proceed without delay to construct those features on the Animas-La Plata project (Stage A) which were approved by the U.S. Fish and Wildlife Service under section 7 of the Endangered Species Act. In the event that the funding provided to the Bureau of Reclamation is inadequate for the tasks to be accomplished this year, the Committee expects the Bureau to reprogram available funds for construction of the project.
When it passed the Colorado Ute Indian Water Rights Settlement Act of 1988, Congress endorsed the project as the vehicle for settlement of the water rights of the two Colorado Ute Indian Tribes. Congress intended that by the year 2000, the project would provide the Tribes with substantial quantities of water for their use. The need for environmental compliance does not mean that the terms of that agreement may be rewritten. As a result of the section 7 process, the final configuration of the project remains uncertain. The Bureau of Reclamation has done a superb job in describing the various stages through which the project may progress, the impacts and required mitigation for each stage, and the utility associated with each stage. In addition, the State of Colorado has always supported this project and has committed $42,600,000 (plus interest) to the project. For purposes of initiating construction of Stage A, the existing repayment obligations of the parties contracting for water, along with the commitments of the States of Colorado and New Mexico, provide adequate assurances that the United States will be repaid in connection with construction of those facilities.
The Committee is aware that the San Juan River and its tributaries do not consistently meet New Mexico's newly adopted water quality standards for selenium and that there is concern over the potential effect of the operation of Animas-La Plata facilities in Colorado on this existing problem. The Secretary of the Interior should take reasonable steps to assist Colorado and New Mexico in improving the quality of surface flows by addressing the problems caused by non-point sources.
The Committee is also aware that the Endangered Species Act has the potential to limit water development in the San Juan Basin, including completion of the Animas-La Plata and Navajo Indian Irrigation projects. The Committee remains confident that the San Juan River Recovery Implementation Program will achieve its stated objectives of (1) recovering the endangered fish and (2) permitting water development to proceed. Although the precise level of development that will ultimately be allowed cannot be determined at this time, the immediate construction of Stage A is required if the United States is to meet the terms of the Colorado Ute Indian Water Rights Settlement Act of 1988. The present documentation is fully informative of these issues and construction of the first stage of the project may proceed without adversely affecting any of the other water users on the San Juan system.
Northwest Wastewater Reuse Project, Texas.--The Committee has provided $2,000,000 to continue the Northwest Wastewater Reuse Project being undertaken in cooperation with the El Paso, Texas, Water Utilities Public Service Board.
Wetlands Development.--The Committee has provided $4,138,000 for the Wetlands Development program, $200,000 above the budget request. Within the funds provided, the Committee directs the Bureau of Reclamation to use $630,000 to continue the Caddo Lake Scholars and other wetland development components of the Caddo Lake Wetlands project through continuing cooperation with the National Biological Service.--
OPERATION AND MAINTENANCE
| Appropriation, 1996- | $-273,076,000 |
| Budget Estimate, 1997-- | 292,876,000 |
| Recommended, 1997-- | 286,232,000 |
| Comparison: | |
| Appropriation, 1996-- | +13,156,000 |
| Budget Estimate, 1997-- | -6,644,000 |
In 1997, a total of 38 projects, project areas, or divisions of projects will be operated and maintained for power, municipal and industrial water supplies, irrigation, flood control, and other benefits with funds made available under this appropriation.
Provision is also made for administration of 14 associated programs. These programs seek to maximize benefits from existing projects. Project benefits and operations will be enhanced through water conservation measures, examination of existing structures, environmental considerations, improvement of recreation opportunities, and water quality improvement.
The Committee has recommended an appropriation of $286,232,000 for the Bureau of Reclamation's Operation and Maintenance program, which is $13,156,000 above the amount appropriated in fiscal year 1996, and $6,644,000 below the budget request. The Committee expects the Bureau of Reclamation to use the flexibility available to it in managing the operation and maintenance program to ensure that the most critical maintenance needs are met. The Committee again encourages the Bureau of Reclamation to derive a significant share of the reduction below the budget request from the Associated O&M Programs in order to retain as much money as possible for operation and maintenance of projects.
Central Valley Project, California.--The Committee has provided $66,703,000, $1,045,000 above the budget request, for operation and maintenance of the Central Valley Project. Of the total, $5,000,000 is provided for operation and maintenance of the Trinity River Division, which is $1,045,000 above the budget request and $454,000 below the amount appropriated in fiscal year 1996. The Commissioner of Reclamation testified that the fiscal year 1997 budget request for the Trinity River Division was substantially below last year's amount in part because the Trinity River Fish and Wildlife Restoration Act has not been extended. Since that testimony, on May 15, 1996, the President signed the extension to that Act. Of the amount provided, $400,000 is for the Yurok and Karuk Tribes, to assist in their new responsibilities as members of the Trinity River Task Force, and in view of the additional work now authorized in the Klamath River downstream from its confluence with the Trinity. In addition, $30,000 is included for the fish hatchery on Horse Linto Creek. The remaining amounts above the budget request are for activities to be undertaken in cooperation with the Hoopa Valley Tribe.
Of the funds provided, such sums as may be necessary shall be made available to facilitate the planned transfer of certain operation and maintenance responsibilities from the Bureau of Reclamation to the Tehama-Colusa Canal Authority, the Friant Canal Authority, the San Luis-Delta Mendota Water Authority and the Madera Irrigation District and provide for the continuation of funding, if necessary, of conveyance operation and maintenance under existing cooperative agreements.
Parker Dam, California.--The Committee is concerned about the Bureau's transfer of 77 acres to the Bureau of Land Management at Parker Dam, California and its potential impact on residents currently occupying Parker Dam Village. The Committee strongly urges the Bureau to continue working with the residents of Parker Dam Village to ensure that the housing and educational needs are appropriately addressed.
BUREAU OF RECLAMATION LOAN PROGRAM ACCOUNT
| Appropriation, 1996- | $-11,668,000 |
| Budget Estimate, 1997-- | 12,715,000 |
| Recommended, 1997-- | 12,715,000 |
| Comparison: | |
| Appropriation, 1996-- | +1,047,000 |
| Budget Estimate, 1997-- | ........................... |
Under the Small Reclamation Projects Act (43 U.S.C. 422a-422l), loans and/or grants can be made to non-Federal organizations for construction or rehabilitation and betterment of small water resource projects.
As required by the Federal Credit Reform Act of 1990, this account records the subsidy costs associated with the direct loans, as well as administrative expenses of this program.--
The budget request and the approved Committee allowance are shown on the following table:
Offset Folios 103 Insert here
001
CENTRAL VALLEY PROJECT RESTORATION FUND
| Appropriation, 1996- | $43,579,000 |
| Budget Estimate, 1997-- | 38,000,000 |
| Recommended, 1997-- | 38,000,000 |
| Comparison: | |
| Appropriation, 1996-- | -5,579,000 |
| Budget Estimate, 1997-- | ........................... |
The Central Valley Project Restoration Fund was authorized in the Central Valley Project Improvement Act, Title 34 of Public Law 102-575. This Fund was established to provide funding from project beneficiaries for habitat restoration, improvement and acquisition, and other fish and wildlife restoration activities in the Central Valley Project area of California. Revenues are derived from payments by project beneficiaries and from donations. Payments from project beneficiaries include several required by the Act (Friant Division surcharges, higher charges on water transferred to non-CVP users, and tiered water prices) and, to the extent required in appropriations Acts, additional annual mitigation and restoration payments.
San Joaquin River Basin Resource Management Initiative, California.--The Committee notes that the budget request does not include any funds for the San Joaquin River Basin Resource Management Initiative. Consistent with the budget request, the Committee directs that no funds shall be available for this study in fiscal year 1997.
GENERAL ADMINISTRATIVE EXPENSES
| Appropriation, 1996-- | $48,150,000- |
| Budget Estimate, 1997-- | 48,971,000 |
| Recommended, 1997-- | 45,150,000 |
| Comparison: | |
| Appropriation, 1996-- | -3,000,000 |
| Budget Estimate, 1997-- | -3,821,000 |
The general administrative expenses program provides for the executive direction and management of all reclamation activities, as performed by the Commissioner's offices in Washington, D.C., and the Denver, Colorado, and five regional offices. The Denver office and regional offices charge individual projects or activities for direct beneficial services and related administrative and technical costs. These charges are covered under other appropriations.
The Committee is pleased with the progress the Bureau of Reclamation has made in reducing administrative costs. However, faced with the prospects of a declining program and the severe budgetary situation, the Committee believes that the Bureau of Reclamation needs to further reduce administrative expenses.
TITLE III
DEPARTMENT OF ENERGY
Funds recommended in Title III provide for Department of Energy programs relating to: Energy Supply, Research and Development Activities; Uranium Supply and Enrichment Activities; the Uranium Enrichment Decontamination and Decommissioning Fund; General Science and Research Activities; the Nuclear Waste Disposal Fund; Departmental Administration; the Office of Inspector General: Atomic Energy Defense Activities; Power Marketing Administrations; and the Federal Energy Regulatory Commission.
INTRODUCTION
Funding recommendations for Department of Energy programs in fiscal year 1997 are significantly below the Department's fiscal year 1997 budget request, reflecting the continuing realities of reducing the deficit and balancing the budget. These funding levels are not a one time occurrence with the prospect of increasing appropriations in fiscal year 1998; rather, they reflect the new baseline for Department of Energy funding. Absorbing these reductions will require considerable effort on the part of the Department to prioritize activities and seek the most cost-effective means for accomplishing program goals. The Department must focus on specific core program missions and reduce the number of activities currently being performed which may be nice to do, but are not possible in a severely constrained funding environment.
While the Committee acknowledges that these program reductions will be difficult, there continue to be numerous areas where operational improvements need to be made. Examples of areas where the Committee expects to see reductions include the number of Federal employees at headquarters who micromanage field and laboratory activities instead of setting policy and allowing implementation of these policies at the field level; the number of individual sites and offices throughout the country where Department of Energy employees are stationed; the number of support service contractors paid to do work which should be performed by Federal employees at headquarters and in field offices; and the number of Departmental internal regulations and pronouncements requiring facilities and laboratories to implement compliance actions far exceeding those of comparable commercial facilities.
FINANCIAL INTEGRITY
The Committee has become increasingly concerned about the fundamental financial integrity of the Department of Energy. A series of disconcerting incidents pertaining to the use of appropriated funds over the past year has raised serious questions about the capability of the Department to identify and prevent misuse and abuse of taxpayer funds. Funds have been reprogrammed from their original purpose to fund programs specifically denied by the Congress in fiscal year 1996. The Department created a furlough relief fund to augment appropriations for salary accounts which were specifically reduced by Congress. Some employees were furloughed for two days by the Department due to a shortage of funds and later paid in full for the two days they did not work. Contractor work forces have been downsized at great expense to the taxpayer through the use of generous separation packages, only to have the employees subsequently rehired or replaced with employees with the same skills. A recent draft Department Inspector General report noted that the Department deliberately ignored a statutory funding limitation on the use of representational expenses and spent more than appropriated for receptions. The same report provided a litany of poor financial practices making it impossible to calculate the actual cost of foreign trips or even the number of participants.
These are the most recent incidents which have come to the Committee's attention. There is great concern that this is only the tip of the iceberg. While the Committee is unable to determine what is happening inside the Department to cause these financial lapses, it is clear that financial management principles are taking a back seat to the dictates of the Department's leadership. Whether deliberate or not, it reflects a fundamental weakness in the Department's management, and has brought into question the credibility of the entire Department.
REPROGRAMMINGS
The Committee requires the Department to keep the Committee promptly and fully informed when a change in program execution and funding is required during the fiscal year. To assist the Department in this effort, the following guidance is provided for programs and activities funded in the Energy and Water Development Appropriations Act.
Definition- A reprogramming includes the reallocation of funds from one activity to another within an appropriation, or any significant departure from a program, project, or activity described in the agency's budget justification as presented to and approved by Congress. For construction projects, a reprogramming constitutes the reallocation of funds from one construction project identified in the justifications to another or a significant change in the scope of an approved project.
Criteria for Reprogramming.--A reprogramming should be made only when an unforeseen situation arises, and then only if delay of the project or the activity until the next appropriations year would result in detrimental impact to an agency program or priority. Reprogrammings may also be considered if the Department can show that significant cost savings can accrue by increasing funding for an activity. Mere convenience or desire should not be factors for consideration.
Reprogrammings should not be employed to initiate new programs or to change allocations specifically denied, limited, or increased by Congress in the Act or report. In cases where unforeseen events or conditions are deemed to require such changes, proposals shall be submitted in advance to the Committee and be fully explained and justified.
Reporting and Approval Procedures.--For several years the Department has had the latitude to meet changing program requirements by reprogramming funds of less than $1,000,000 without prior approval of the Committee on Appropriations. However, during the past year the Department has inappropriately used this authority to reprogram funds to new initiatives which were purposely not funded by Congress and to augment Secretarial travel with funds originally appropriated for other programs. It is unlikely that either of these reprogrammings would have been approved by the Committee.
In light of this, the Committee is providing no internal reprogramming flexibility to the Department in fiscal year 1997 unless specifically provided in the report. Any reallocation of new or prior year budget authority or prior year deobligations must be submitted to the Committee in writing and may not be implemented prior to approval by the Committee on Appropriations.
USE OF RECEIPTS FROM LEASING OR SELLING GOVERNMENT PROPERTY OR ASSETS
The Committee is aware that, in downsizing the former defense production complex, the Department has excess property and materials, and is seeking to lease or sell government property, facilities, and assets which have been obtained over the years. The Committee expects the full value of receipts from either the lease or sale of government property or other government assets to be returned 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.
CONTRACTOR EMPLOYMENT LEVELS
The Committee has tried unsuccessfully over the past several months to obtain accurate, credible, and consistent numbers of contractor employees at each Departmental site. It is difficult to understand why neither Headquarters nor the field organizations have been able to provide this information on a timely basis. Thus, the Committee directs the Department to provide a report to Congress by November 1, 1996, identifying contractor employment levels for September 30, 1996, and estimated for September 30, 1997, which includes the following data elements: Federal full-time equivalent employees, support service contractors (average man-years), and management and operating and/or integrating management contractor manpower for direct, direct support, and general support categories showing both average man-years and estimated end-of-year head count. This report should include summary information as well as detailed backup for each Department location.
CONFERENCES AND NEWSLETTERS
The Committee notes that the Department sanctioned in excess of 400 key conferences during fiscal year 1995 at a cost presumed to be many millions of dollars to the Government. In this spartan budget environment, the Committee questions both the wisdom of, as well as the value added, from so many events. The Department is strongly encouraged to substantially reduce the number of key conferences sponsored, and strictly control the attendance of both Federal and contractor employees at such conferences.
Additionally, the Committee is concerned with the proliferation of monthly newsletters and similar documents being generated within the Department at Headquarters and in the field offices, and by contractors, stakeholder groups, State regulators, and other Federal agencies participating in cleanup activities--all funded by the Department. The Committee directs the Department to make an assessment of these publications with an objective of consolidating and/or eliminating publications to the extent practicable to reduce costs and duplication, and report to the Committee by November 30, 1996, on the number of its publications and progress made to reduce costs.
FIXED ASSET ACQUISITION ACCOUNT
The President's budget request includes funding for a Department of Energy fixed asset acquisition account to provide future year funding for some construction projects and establish an account for privatizing some environmental management activities. The Committee has not provided funding for construction projects beyond fiscal year 1997, but has provided funding for the environmental management program privatization initiative which is discussed in a later section of this report.
DEPARTMENTAL BUDGET JUSTIFICATIONS
The effort to improve the quality of the Department's budget justifications resulted in mixed success. The Department is expected to continue to work with the Committee to ensure that pertinent information is not eliminated from the budget justifications in the name of streamlining. Much information must still be obtained through additional program briefings and questions for the record. This additional work could be reduced by devoting more attention to the quality of information provided in the initial budget submission.
The Committee staff will be working with the Department's budget office and individual program offices to continue to improve the quality of the budget justifications for the next fiscal year, and to develop a process for electronic transmission of the Department's fiscal year 1998 budget justifications.
COMMITTEE RECOMMENDATIONS
The Committee's recommendations for Department of Energy programs are described in the following sections. A detailed funding table is included at the end of this title.
ENERGY SUPPLY, RESEARCH AND DEVELOPMENT ACTIVITIES
| Appropriation, 1996 | $2,727,407,000 |
| Budget Estimate, 1997 | 3,020,497,000 |
| Recommended, 1997 | 2,648,000,000 |
| Comparison: | |
| Appropriation, 1996 | -79,407,000 |
| Budget Estimate, 1997 | -372,497,000 |
The appropriation recommended for Energy Supply, Research and Development Activities provides funding for the Department of Energy's research and related programs including: solar and renewable energy; nuclear energy; non-defense environment, safety and health; biological and environmental research; fusion energy sciences; basic energy sciences; other energy-related research; and non-defense-related environmental restoration and waste management.
The Committee recommendation for fiscal year 1997 is $2,648,000,000, $372,497,000 less than the budget request and $79,407,000 less than fiscal year 1996. The recommendation reflects a continuation of last year's effort to reverse the unsustainable increases of prior years. The recommendation is consistent with the Committee's view that the Department must participate in the government-wide downsizing effort, shift its emphasis from commercial technology development to basic research, reverse its efforts to expand into new areas and focus on its core commitments.
The Committee expected that last year's funding level would result in downsizing and elimination of low priority programs. The Committee is concerned that the Department failed to eliminate low priority programs and even identified funds to continue programs specifically eliminated by the Congress last year. The Committee continues to be concerned about the abnormally high level of uncosted balances in programs under this appropriation. These balances represent an unreasonable accumulation of funds appropriated in prior fiscal years.
SOLAR AND RENEWABLE ENERGY
Five years ago, in fiscal year 1991, the appropriation for solar and renewable energy programs was $196,437,000. Just four years later, in fiscal year 1995, $388,108,000 was appropriated, representing a 98% increase. Last year, the Congress passed and the President approved $275,213,000 for solar and renewable energy, a 29% reduction from fiscal year 1995. Last year's reduction was consistent with the effort to reverse the unsustainable increases of prior years and to direct scarce resources to basic research rather than technology development. This year, the Committee continues this direction with a 16% reduction from the fiscal year 1996 level. Although this funding level is a 40% reduction from fiscal year 1995, the recommendation represents a 18% increase above the level of funding five years ago.
EXCESSIVE CARRYOVER BALANCES
Most funds appropriated by the Congress are available for a limited time--from one to five years in most cases. When funds are not used, the appropriation is cancelled. Because the funds appropriated under this account are available until expended, there is no imperative to expend funds in a timely manner. Consequently, appropriated funds have been accumulating from year to year. In its April 1996 report, `Energy Management: DOE Needs to Improve its Analysis of Carryover Balances,' the General Accounting Office (GAO) repeated its concerns about the extraordinarily high uncosted balances in certain DOE programs. (Similar concerns were included in GAO's March 1992 report: `Energy Management: Systematic Analysis of DOE's Uncosted Obligations Is Needed.') The most recent report points out that while some DOE programs have improved management of carryover balances, `. . . other programs, such as Energy Efficiency and Renewable Energy and Energy Research, have not used significant amounts of their carryover balances and have experienced growing balances.'
The Committee notes that several DOE offices have worked successfully to better manage these balances, identifying the causes and reducing the carryover. Unfortunately, the Office of Energy Efficiency has not made an effort to better manage its funds. While other DOE offices have set goals to reduce carryover balances, the Office of Energy Efficiency has not. The Committee notes that earlier this year, when the GAO attempted to identify projected year-end uncosted balances for fiscal year 1996, offices in the DOE provided their estimates of anticipated year-end uncosted balances, except for the Office of Energy Efficiency and Renewable Energy, which either would not or could not provide its estimates.
At the end of fiscal year 1995, the carryover balance under solar and renewable energy programs was $269,230,000, representing 98% of the amount appropriated for fiscal year 1996. On March 31, 1996, halfway through the fiscal year, the carryover balances under solar and renewable energy programs included $509,000 in unallocated funds, $117,018,000 in unobligated funds and $266,192,000 in uncosted funds, representing a total unspent balance of $383,719,000. This balance includes appropriated funds that have yet to be made available to the offices that obligate the funds, appropriated funds for which contracts or grants have not yet been awarded, and funds which have been obligated with costs that have yet to be incurred. This balance, on the books halfway through the current fiscal year, reflects 139% of the appropriation provided last year.
SOLAR AND RENEWABLE PROGRAMS
Solar Building Technology Research- The Committee recommendation is $2,000,000, the same amount provided last year.
Photovoltaic- The Committee recommendation is $55,800,000, a decrease of $9,200,000 from last year.
The Committee notes that the Solar Industry Journal lists 99 solar manufacturing companies and 316 companies that provide solar-related services. The Federal role in providing research and technology development assistance has helped to create a significant industry. The Committee disagrees with the Administration's proposal to increase spending by 34% for this industry.
The Committee is aware of a proposal to produce hydrogen from solid waste and sunlight by use of a Photovoltaic Array and intends to examine this issue in greater detail in the future.
Solar Thermal Energy Systems- The Committee recommendation is $21,500,000, a decrease of $3,500,000 from last year.
Biofuels- The Committee recommendation is $53,500,000, a decrease of $1,800,000 from last year.
The Committee recommendation represents a funding level of 97% of the amount provided last year. The Committee directs that the Department provide 50% of the funds of this program to the biochemical and thermochemical conversion programs as part of the biofuels transportation program. Within the amount provided for biochemical conversion, the Department is directed to provide $3,000,000 for the cost-shared biomass ethanol production plant in Gridley, California and $1,000,000 for testing forest residue feedstocks at the Department's biomass ethanol user facility.
Wind- The Committee recommendation is $6,000,000, a decrease of $26,500,000 from last year.
Renewable Energy Production Incentive- The Committee recommendation is $2,000,000, $988,000 less than last year.
National Renewable Energy Laboratory- The Committee recommendation is $3,300,000, an increase of $1,300,000 over last year. The recommendation includes $2,800,000, the same as the budget request, for Phase II of the three phase renovation and expansion construction project. The remaining amount is available for other infrastructure and equipment upgrades.
Solar and renewable energy deployment- The Committee recommendation is $0, $8,509,000 less than the budget request. The Department created this new program title, combining the solar technology transfer and international solar energy programs. Both of these programs were eliminated last year by the Committee. Due to severe budget constraints, the Committee again recommends elimination of these activities.
The Committee directs that the Department refrain from entering into new agreements under this program. Any carryover funds available on October 1, 1996 under this program shall be used to honor existing contracts to the extent possible or provide for related termination costs.
Geothermal- The Committee recommendation is $29,000,000, a decrease of $892,000 from last year.
The Committee continues to support this program which provides significant benefits including a growing source of power within the United States, a significant market overseas for U.S. companies and more than $20 million in royalty payments to the U.S. Treasury for geothermal power produced on federal lands.
The Committee recommendation includes $2,000,000 for the Geysers geothermal project. The $2,000,000 represents the final Federal contribution for this program. The Committee has provided the budget request for the cost-shared geothermal heat pump deployment program.
No funds are included for the hydropower activities included in the geothermal program in the budget request.
Hydrogen research- The Committee recommendation is $15,000,000, an increase of $500,000 from last year.
Hydropower- The Committee recommendation is $1,000,000, a decrease of $500,000 from last year. This funding completes the Federal share of the Haida Alaska Native Village Corporation's Reynolds Creek hydroelectric project.
Electric energy systems and storage- The Committee recommendation is $29,000,000, a decrease of $1,309,000 from last year.
The Committee recommendation includes $8,000,000 for the electric and magnetic fields research program, $19,000,000 for high temperature superconducting R&D, and $2,000,000 for energy storage systems. The Committee supports the Department's reduction to the EMF Biological Mechanisms Research program and its effort to realize savings by coordinating this work with that being done by the EMF Research and Public Information Dissemination program.
The Committee also recognizes and supports the ongoing research and development of high temperature superconducting cable (HTS). The recommendation includes $850,000 for this initiative, the same as the amount included in the budget request.
Program direction- The Committee recommendation for program direction is $13,102,000. The Committee directs that $1,440,000 of this amount be used to pay one-time separation related costs to reduce the Federal headquarters workforce as discussed below. The remaining amount represents a 20% reduction from last year and is a significant departure from the 24% increase planned by the Administration.
Last year, funding for solar and renewables was $112,805,000 less than fiscal year 1995--a 29% reduction. The Committee expected the Department to adjust both the Federal and support contractor workforce commensurate with the 29% reduction. The Committee notes that the headquarters workforce was reduced only 4%--from 148 in fiscal year 1995 to 142 in fiscal year 1996. The Committee further notes that the Department planned to increase the headquarters staff funding from the comparable appropriated level in fiscal year 1996 of $14,317,000 to $17,742,000 in fiscal year 1997--a 24% increase. The Committee notes that this headquarters staff increase is inappropriate given current budget constraints and the lower level of funding for solar and renewable programs. The Committee believes the headquarters staff should direct scarce resources directly to programs and cites the planned staff-related increase as another example of the unrealistic funding increases being proposed by this Administration.
The Committee directs that the Department significantly reduce the Federal employment levels in these programs which are being funded at a level 43% below the level in fiscal year 1995. The Committee directs that the headquarters workforce be reduced from the 148 FTE level in fiscal year 1995 to a level of 84 FTEs in fiscal year 1997--representing a corresponding 43% reduction.
NUCLEAR ENERGY PROGRAMS
The Committee recommendation is $182,934,000, a reduction of $48,039,000 from last year.
Light water reactor- The recommendation is $17,000,000, a $23,000,000 reduction from last year and from the Administration's request. The recommendation provides the Federal share of the first-of-a-kind engineering partnership with industry. The Committee notes that this is the final year of funding for this program.
Advanced radioisotope power systems- The recommendation includes $38,810,000 for the advanced radioisotope power systems program, a $1,190,000 (or 3%) reduction from the Administration's request.
Nuclear technology research and development- The recommendation includes $5,000,000 for the nuclear technology research and development program to continue study of treating spent fuel using electrometallurgical technology. The Committee has provided an additional $15,000,000 as part of the defense environmental restoration and waste management program for a total funding level of $20,000,000.
University reactor fuel assistance and support- The Committee recommendation is $4,000,000, a $500,000 increase over fiscal year 1996. The Committee notes that on March 31, 1996, halfway through the current fiscal year, the unspent balances in this program were $4,517,000--129% of the amount appropriated last year.
The Committee supports this program, particularly the peer-reviewed Nuclear Engineering Education Research (NEER) program.
Termination costs- The Committee recommendation is $79,100,000, the same amount as the budget request.
Isotope Support- The Committee recommendation is $12,704,000, the same amount as the budget request.
The Committee continues to be concerned about the level of administrative oversight supporting the Isotopes Support program. Accordingly, the Committee recommendation for isotope program direction is $1,000,000, a reduction of $580,000 from the budget request.
Program direction- The Committee's recommendation for program direction is adjusted in accordance with the downsizing of the nuclear energy program.
ENVIRONMENT, SAFETY AND HEALTH
The Committee recommendation is $100,500,000, a decrease of $11,706,000 from the budget request of $112,206,000.
The program direction account is reduced from the request of $39,046,000 to $37,300,000, a reduction of $1,746,000. The Committee expects to see progress by the Department in reducing the Federal full time equivalents included in this account.
The core environment, safety and health program is reduced from the request of $73,160,000 to $63,200,000, a reduction of $9,960,000 from the budget request. The request appears to include provisions for contractor employment levels which rival the Federal workforce included in the program direction account. Clearly, the level of contractor utilization proposed is excessive, most notably in the Technical Assistance and Management and Administration areas. The level recommended is intended to result in a timely and substantial downsizing of contractor support, specifically in the two aforementioned areas.
Funding for the Radiation Effects Research Foundation is included at the budget request level of $15,000,000, $5,000,000 below the fiscal year 1996 level. The Committee recognizes and applauds the recent five-year agreement negotiated between the Office of Environment, Safety and Health and the Japanese Ministry of Health and Welfare. The new agreement benefits both parties by lowering the financial burden attributed to the exchange rate differences, while maintaining a mutual commitment to the goals of the program. The Committee anticipates further negotiations including the important contribution of the National Academy of Sciences. The Committee expects the negotiations to include the goal of concluding U.S. participation in these activities after fulfillment of the scientific objectives of the program.
Finally, the Committee does not approve of the planned use of resources to educate and develop a future Department workforce; accordingly, the Committee directs the Department to re-evaluate this part of the program.
ENERGY RESEARCH PROGRAMS
The Committee recommendation of $1,449,395,000 for Energy Research Programs reflects a net decrease of $69,152,000 from the cumulative fiscal year 1996 appropriated amount of $1,518,547,000. This lower funding level is mostly attributable to the $40,411,000 reduction to the biological and environmental research program as provided in the budget request, a $12,133,000 reduction related to reduced requirements of multi-program laboratories and a $26,400,000 reduction in funding for certain activities under Other Energy Research which represents program activities not requested or included in other accounts.
BIOLOGICAL AND ENVIRONMENTAL RESEARCH
The Committee recommendation is $379,075,000, the same as the budget request.
The Committee reiterates its strong and continued support for the identification and application of effective and cost-efficient technologies to hasten the Department's environmental cleanup activities. To that end, full final year funding of $35,113,000 for the Environmental Molecular Sciences Laboratory is included.
Within available funds, $9,000,000 is provided for continuing the research contribution of the National Institute for Global Environmental Change program. This is the same amount included in the Administration's request.
The Committee encourages the Secretary of Energy to review the proposal by the Northern California Neutron Capture Therapy Study Group to establish a collaborative Boron Neutron Capture Therapy (BNCT) program using the nuclear radiation capabilities at the McClellan Nuclear Radiation Center. The program will help establish the efficacy of BNCT for the treatment of inoperable brain tumors and could expand to other difficult to treat malignancies. This program could complement the Department's existing BNCT program.
The Committee wishes to reinforce its position that the Department be proactive in seeking out and using the expertise and knowledge base of the Energy Research programs and the national laboratories to address the multitude of complex challenges facing the environmental cleanup programs.
FUSION PROGRAM
The Committee recommendation for the fusion energy sciences program is $225,000,000. Last year, the Committee provided $244,144,000 which included one-time termination costs.
As requested by Congress, the Department of Energy and an expert review panel have proposed a restructured fusion energy sciences program. This new program supports--at a significantly reduced funding level--advancement of key fusion research areas and exploration of alternatives. The budget request is based upon an extensive review of the fusion program conducted by the Fusion Energy Advisory Committee (FEAC) and is described in the report entitled, `A Restructured Fusion Energy Sciences Program.' The Committee endorses the restructured program policy goals recommended by FEAC. However, due to the reduced funding in fiscal year 1997, implementation of the restructured program will proceed on a somewhat slower schedule. The Committee provides $17,000,000 for fusion plasma theory and $3,000,000 for basic plasma science.
Three research facilities comprise the major experimental elements of the nation's fusion science and technology infrastructure--the Tokamak Fusion Test Reactor (TFTR) at Princeton, the Alcator C-Mod at MIT, and the DIII-D at General Atomics. Because these facilities make up an important component of the domestic fusion energy sciences program, the Committee provides funding for these facilities in fiscal year 1997 at $52,000,000 for TFTR, $44,000,000 for DIII-D, and $12,000,000 for Alcator C-Mod. The Committee notes that in keeping with FEAC's recommendation, this will be the final year of operation for TFTR.
In addition to the facilities listed above, a new small-scale national initiative, the National Spherical Tokamak Experiment (NSTX), has been proposed to investigate innovative approaches to plasma confinement. Exploration of promising alternative concepts has been recommended by FEAC. The Committee provides $5,000,000 to begin construction of the NSTX facility in fiscal year 1997.
The Committee's recommendation includes $7,600,000 which the Department requested for fusion-related support under the Computational and Technology Research program, and $8,400,000 which the Department requested for fusion-related program direction. The Committee is providing the full $225,000,000 directly to the Office of Fusion Energy Sciences to maintain comparability to the amount provided last year and to provide maximum flexibility to the Office. The Committee notes that the Federal headquarters workforce for the Office of Fusion Energy Sciences is excessive. The Committee directs that the Office reduce its Federal workforce by 25 percent by the end of fiscal year 1997.
The scientific challenges posed by the international ITER project are consistent with the policy goals of the domestic fusion energy sciences program. Therefore, the Committee provides $55,000,000 for U.S. participation in the ITER design activities in fiscal year 1997.
It is vital that the U.S. fusion energy sciences program make maximum effective use of its considerable human resources and facility infrastructure, while leveraging off the international programs. The Committee is committed to seeing that these objectives are implemented.
BASIC ENERGY SCIENCES
The Committee recommendation for Basic Energy Sciences is $642,960,000, a net decrease of $10,715,000 from the budget request of $653,675,000. This represents a modest 1.6% reduction from the budget request.
The Committee remains committed to robust basic energy research programs which are characterized by cutting-edge basic research, availability of world-class facilities to the scientific and research community, and direction to meet current and future energy-related challenges.
The recommendation includes $7,000,000 for the Experimental Program to Stimulate Competitive Research (EPSCoR), the same amount provided in the budget request. The recommendation also includes $3,700,000 for the Midwest Superconductivity Consortium.
For purposes of reprogramming during fiscal year 1997, funding may be reallocated by the Department among all operating accounts in basic energy sciences.
OTHER ENERGY RESEARCH PROGRAMS
The Committee recommendation for the Computational and Technology Research program is $148,500,000, a reduction of $9,643,000 from the budget request of $158,143,000. Most of this reduction is the result of the Committee's redirection of funds included for fusion-related activities. The budget request included $7,600,000 under the computational and technology research program for fusion-related activities. The Committee has provided this funding as part of the fusion program, as it was last year. The recommendation represents a funding level of 98.6% of the budget request, adjusted to remove fusion-related activities.
The Committee supports the budget request of $2,000,000 for the Energy Research Analysis program.
The Committee recommendation for the energy research program direction account is $30,600,000, a decrease of $11,554,000 from the budget request. Most of this decrease is the result of the Committee's recommendation to redirect $8,400,000 from the request amount for program direction to the fusion energy sciences program. The Committee directs that $2,500,000 be used to reduce Federal salaries and benefits relating to reducing the Federal workforce. The balance of the reduction is to be targeted against the remaining activities in the account.
The Committee recommendation for Multiprogram Energy Laboratory Support is $21,260,000, a decrease of $7,625,000 from the budget request of $28,885,000. The Committee supports the budget request for construction projects which will maintain the viability of the multiprogram energy laboratories general purpose facilities and infrastructure. The recommendation does not include $7,625,000 for operations support. Any required operations support should be provided by the benefiting laboratory programs. The Committee does not agree with the proposed omnibus line item project which effectively relegates all existing line item construction projects to a sub-project level. It is the desire of the Committee to retain the integrity of prior year existing construction projects as stand-alone projects.
ENERGY SUPPORT ACTIVITIES
The Committee recommendation for Energy Support Activities is $120,000,000, a decrease of $54,223,000 from the budget request of $174,223,000. The recommended level of $120,000,000 is an increase of $88,000,000 above the fiscal year 1996 level and is principally caused by the movement of certain Federal employees from the Departmental Administration account into this account. These employees are located at four of the Department's field offices.
Because of severe budget constraints and the demands of higher priority programs, the Committee recommendation excludes any funding for the University and Science Education programs. The Committee believes many of these educational activities are relevant to the Department's line programs. To the extent such activities benefit and are a byproduct of the line programs, those programs should, within available funding, be the educational sponsor.
The Committee recommendation for the Technical Information Management program is $12,000,000, the same as the budget request.
The Committee recommendation for Field Offices and Management is $108,000,000, a decrease of $13,723,000 from the budget request of $121,723,000. The Committee does not agree with the proposed move of the Headquarters field management organization from the Departmental Administration account to this account. Insofar as this organization is a servicing organization to the field elements in much the same respect as other organizations in the Departmental Administration account, the Federal staff and associated salaries and related support costs are to remain in the Departmental Administration account. The adjustment to move this organization back to Departmental Administration is reflected in the Committee recommendation and represents $12,802,000 of the $13,723,000 decrease. The recommended level essentially provides the request level for the remaining four Department field locations.
The Committee has not included funding for the proposed new Management Information Systems Investment program.
The Committee indicated in the FY 1996 House Report (104-149) a need for the Department to integrate in-house energy management activities with the applicable operating programs and to eliminate the In-House Energy Management program as a stand-alone program. Notwithstanding this direction, the Department has defied the Committee and continued the program by using other available Department resources. Again, the Committee recognizes the contributions made by this program over many years in successfully incorporating energy efficiency measures and disciplines into line programs and facilities. However, the Committee position relative to incorporating this program into other applicable programs has not changed. Accordingly, the Committee provides no funds for In-House Energy Management and directs the Department to eliminate the In-House Energy program as a separate program.
ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT
(NON-DEFENSE)
The Committee recommendation is $622,146,000, a decrease of $29,268,000 from the budget request of $651,414,000. This level, however, is higher than the fiscal year 1996 level of $621,541,000.
The Committee recommendation includes $6,250,000 to continue the Wayne, New Jersey project which is a part of the Formerly Utilized Sites Remedial Action Program.
The Committee does not support the establishment of site operations as a new, stand-alone program element; accordingly, the Department is directed to fund such activities as part of the nuclear materials and facilities stabilization program element.
FUNDING ADJUSTMENTS
The Committee directs the Department to apply unobligated and available uncosted balances to program termination expenses. To the extent these balances are insufficient to fully fund termination costs, the Department may reduce other programs funded by this account to cover any such shortfalls.
The Administration's request includes an unspecified general reduction of $48,177,000. The Committee recommendation includes an adjustment of $48,177,000, the same as the budget request. The Committee opposes using a general reduction to programs and directs the Department to use prior year balances to fund programs to the levels recommended. The reduction of $48,177,000 is to be allocated on the basis of prior year unobligated and/or uncosted balances remaining in each program on September 30, 1996.
A general reduction of $10 million is applied proportionately to all amounts under Energy Supply, Research and Development other than solar and renewable energy.
URANIUM SUPPLY AND ENRICHMENT ACTIVITIES
NET APPROPRIATION
| Appropriation, 1996 | $29,294,000 |
| Budget Estimate, 1997 | 27,800,000 |
| Recommended, 1997 | 11,772,000 |
| Comparison: | |
| Appropriation, 1996 | -17,522,000 |
| Budget Estimate, 1997 | -16,028,000 |
REVENUES
| Appropriation, 1996 | $-34,903,000 |
| Budget Estimate, 1997 | -42,200,000 |
| Recommended, 1997 | -42,200,000 |
| Comparison: | |
| Appropriation, 1996 | -7,297,000 |
| Budget Estimate, 1997 | ........................... |
The Uranium Supply and Enrichment Activities program funds the Department's efforts in overseeing the government's continuing interest in the operation of the gaseous diffusion plants managed by the United States Enrichment Corporation (USEC); developing means for using or disposing of depleted uranium; monitoring Russian uranium processing facilities to ensure that low enriched uranium being purchased by USEC is derived from Russian highly enriched uranium removed from dismantled nuclear weapons; transferring enrichment-related technologies to the private sector; and leading the Department's uranium revitalization efforts.
The budget request for fiscal year 1997 includes $87,266,000 for operation, maintenance, and construction activities, and is offset by the receipt of $42,200,000 in revenues and the use of $17,266,000 from unobligated balances carried over from prior years' funding, resulting in a net budget request of $27,800,000.
Due to severe funding constraints, the Committee recommends a reduction of $16,028,000 from the budget request of $87,266,000. This includes reductions of $2,000,000 for program direction expenses; $4,000,000 in program management services; $8,000,000 in transparency measures; $1,000,000 in technology transfer; and $1,028,000 in all other expenses.
Transparency Measures.--The Department has proposed to increase spending for transparency measures from $6,950,000 in fiscal year 1996 to $13,890,000 in fiscal year 1997. This program funds activities associated with monitoring the United States and Russian agreement to dispose of excess Russian weapons grade highly enriched uranium. The Committee does not support this increased funding level, and has provided $5,890,000 to support only site specific activities.
Program Direction.--Last year the Committee directed a fifteen percent reduction in program direction expenses in this account. The Department unexpectedly found an additional $903,000 of prior year funds to supplement the program direction expenses by 20 percent. Any redirection of prior year funds to this program direction account in fiscal year 1997 will require submission of a reprogramming request to the Committee.
URANIUM ENRICHMENT DECONTAMINATION AND DECOMMISSIONING FUND
| Appropriation, 1996 | $278,807,000 |
| Budget Estimate, 1997 | 240,200,000 |
| Recommended, 1997 | 200,200,000 |
| Comparison: | |
| Appropriation, 1996 | -78,607,000 |
| Budget Estimate, 1997 | -40,000,000 |
The Uranium Enrichment Decontamination and Decommissioning (D&D) Fund supports D&D, remedial actions, waste management, and surveillance and maintenance associated with preexisting conditions at sites leased and operated by the newly created USEC, as well as Department of Energy facilities at these and other uranium enrichment sites. The sites covered by this D&D Fund include the operating uranium enrichment facilities at Portsmouth, Ohio, and Paducah, Kentucky, and the inactive K-25 site in Tennessee, formerly called the Oak Ridge Gaseous Diffusion Plant. Environmental restoration efforts at these three sites are supported from the D&D Fund established by a tax on domestic utilities and by Congressional appropriations. In fiscal year 1997, the Department of Energy will transfer $376,648,000 into this Fund.
Due to severe budget constraints, the Committee recommends $200,200,000, a reduction of $40,000,000 from the budget request of $240,200,000. The Committee understands that this will severely limit funding for activities related to immediate cleanup of the gaseous diffusion plants. However, most of these facilities do not currently present an imminent public health or safety risk.
The Committee was also unable to provide full funding of $42,000,000 to implement the reimbursement program authorized under Title X, subtitle A of the Energy Policy Act for active uranium and thorium processing sites which sold uranium and thorium to the United States Government. This program is to assist site owners by compensating them on a per ton basis for the restoration and disposal costs of those mill tailings resulting from sale of materials to the government. Due to severe budget constraints, funding of $34,000,000 has been provided for reimbursement in fiscal year 1997.
The Administration proposed legislation to collect fees from foreign utilities similar to the decontamination and decommissioning fund assessment that is being collected from domestic utilities. This proposed language has not been included by the Committee.
GENERAL SCIENCE AND RESEARCH ACTIVITIES
| Appropriation, 1996 | $981,000,000 |
| Budget Estimate, 1997 | 1,009,150,000 |
| Recommended, 1997 | 996,000,000 |
| Comparison: | |
| Appropriation, 1996 | +15,000,000 |
| Budget Estimate, 1997 | -13,150,000 |
The General Science and Research Activities account consists of the high energy physics and nuclear physics programs. High energy physics research seeks to understand the nature of matter and energy at the most fundamental level, as well as the basic forces which govern all processes in nature. The goal of nuclear physics research is to understand the structure and properties of atomic nuclei and the fundamental forces between the constituents that form the nucleus. Nuclear processes determine essential physical characteristics of our universe and the composition of the matter that forms it. Knowledge acquired in this basic research is an essential part of the intellectual foundation of other scientific disciplines. Deeper understanding correspondingly contributes to all of the scientific disciplines and to our Nation's technological base.
While high energy physics and nuclear physics research programs are not directly associated with energy technology in the near or mid-term, they support basic research whose aim is to provide new knowledge which is expected to have long-term scientific and technological impacts on energy development and utilization and on other aspects of our society. The Committee's funding recommendation for General Science and Research Activities reflects the continued role of the Federal government in fundamental scientific research where research is not market-driven and is difficult or impossible for the private sector to conduct.
The Committee recommendation includes a new program entitled `Research and Technology' which consolidates the funding and program activities formerly contained in `Physics Research' and `High Energy Technology.' This will provide greater flexibility in executing the high energy physics program and allocating resources among facilities and activities.
Due to severe budget constraints, the Committee was unable to fund the full budget request. The recommendation for General Science and Research Activities is $996,000,000, a reduction of $13,150,000 from the budget request of $1,009,150,000, but an increase of $15,000,000 over fiscal year 1996. The Committee encourages the Department to: continue to pursue management improvements, such as reducing the requirements of internal regulations and the number of audits and oversight reviews; lessen administrative requirements at facilities and laboratories; and direct more of the funding to support direct program tasks.
NUCLEAR WASTE DISPOSAL FUND
| Appropriation, 1996 | $151,600,000 |
| Budget Estimate, 1997 | 200,028,000 |
| Recommended, 1997 | 182,000,000 |
| Comparison: | |
| Appropriation, 1996 | +30,400,000 |
| Budget Estimate, 1997 | -18,028,000 |
The Nuclear Waste Policy Act of 1982 and the Nuclear Waste Policy Act Amendments of 1987 established a waste management system for the disposal of spent nuclear fuel and high-level radioactive waste from commercial and atomic energy defense activities. These laws also established the Nuclear Waste Disposal Fund to finance disposal activities through the collection of fees from the owners and generators of nuclear waste. The Committee recommends $182,000,000 to be derived from the Fund in fiscal year 1997, subject to authorization. Combined with the appropriation of $200,000,000 to the Defense Nuclear Waste Disposal account, a total of $382,000,000 will be available for program activities in fiscal year 1997. This amount is in addition to the $85,000,000 provided in Public Law 104-46 for interim storage activities, subject to authorization.
The Committee is encouraged by recent progress in characterization activities at the Yucca Mountain site. The Committee observes with pride that congressional direction to, `refocus the repository program on completing the core scientific activities at Yucca Mountain,' has resulted in substantial cost efficiences and programmatic improvements. It bears noting that major reductions in program funding levels have been associated with acceleration of tunnel boring and scientific activities.
Despite progress on Yucca Mountain characterization, the Committee remains frustrated that the nation's nuclear waste policy remains adrift. The Committee is especially dismayed that the Administration refuses to propose or endorse legislation to permit the Federal government to discharge its responsibility to accept spent fuel from commercial producers of nuclear energy by 1998. Although the Secretary has asked Congress to `untie' her hands to permit the pursuit of interim storage options, the Administration refuses to countenance any legislation to do exactly that. The Administration's lack of leadership on this issue seems calculated to yield short-term political gain; any such gain may be achieved at the expense of long-term domestic security. This policy of avoidance is irresponsible. The Committee urges the Administration to work with Congress on the development of a viable long-term policy for the storage and disposal of nuclear waste.
The Committee is no longer willing to pour hundreds of millions of dollars into the nuclear waste disposal program without enactment of legislative reforms, provisions for the interim storage of nuclear waste, and a clear articulation of long-term national policy. Accordingly, the funds provided by this appropriation will be available only upon the enactment of specific authorization for their expenditure.
Pending authorization of appropriations, the Committee is supportive of the Department's recent revision of the Civilian Radioactive Waste Management Program Plan, to the extent that it: supports efficient and aggressive pursuit of an early decision on the suitability of the Yucca Mountain site in Nevada as a geologic repository; achieves significant cost savings; and recommends process improvements to expedite assessment of the site's viability and repository licensing. Qualified endorsement of the revision in no way suggests waning enthusiasm for aggressive and immediate pursuit of interim storage options.
The Committee is cognizant of the Department's strategy for market-based procurement of spent fuel transportation services and is anxious to discover the extent of industrial interest in this proposal.
No funds are provided for the State of Nevada or affected units of local government. The balance of the reduction from the budget request is to be applied to program direction, cooperative agreements, and other budget elements not directly associated with the performance of characterization and interim storage activities.
DEPARTMENTAL ADMINISTRATION
GROSS APPROPRIATION
| Appropriation, 1996 | $366,697,000 |
| Budget Estimate, 1997 | 244,863,000 |
| Recommended, 1997 | 195,000,000 |
| Comparison: | |
| Appropriation, 1996 | -171,697,000 |
| Budget Estimate, 1997 | -49,863,000 |
MISCELLANEOUS REVENUES
| Appropriation, 1996 | $-122,306,000 |
| Budget Estimate, 1997 | -125,388,000 |
| Recommended, 1997 | -125,388,000 |
| Comparison: | |
| Appropriation, 1996 | -3,082,000 |
| Budget Estimate, 1997 | ........................... |
The funding recommended for Departmental Administration provides for general management and program support functions benefiting all elements of the Department of Energy. The account funds a wide array of activities not directly associated with program execution.
Field Office Transfers.--In the Department's budget request for fiscal year 1997, four field offices and the Headquarters office of field management have been transferred to the Energy Supply, Research and Development appropriation account. The Committee agrees that the transfer of funding for the field offices more accurately portrays their multiprogram functions. However, the Committee does not agree that the transfer of the Headquarters office of field management is warranted. This is inherently a central Departmental activity and should remain in the Departmental Administration account.
Working Capital Fund.--The Department has established a charge back program similar in nature to a formal working capital fund which charges benefiting programs and organizations with certain administrative and housekeeping activities traditionally funded in a central account. The Committee supports its implementation starting in fiscal year 1997, but has certain expectations as part of this new funding proposal. Departmental representation on the Board establishing the policies should be broad based and include smaller organizations; the pricing policies used must be sound and defensible and not include added factors for administrative costs; the advanced payments at any time may be no more than that minimally required to adequately cover outstanding commitments and other reasonable activities; a defined process must be established to dispose of excess advance payments (accumulated credits); the fund must be audited at least annually by the Office of Inspector General; and the salaries and related costs of departmental administration employees who administer fund activities shall not be amortized and charged to the fund. Additionally, it is the Committee's expectation that the fund manager will ensure that the fund will neither be managed in a manner to produce a profit nor allow the program customers to use the fund as a vehicle for maintaining unencumbered funds. Finally, the Committee expects the working capital fund to be included as part of the Department's fiscal year 1998 budget request, and presented in a manner which clearly identifies the elements of cost and associated detail.
Office of the Secretary.--The fiscal year 1997 budget request identified 24 employees in the Office of the Secretary, the Deputy Secretary, and the Under Secretary. However, information provided to the Committee identifies an additional 27 employees working in these offices, but included on the rolls and paid for by other program organizations in the Department. The Committee considers this to be very misleading and expects the fiscal year 1998 budget request to accurately reflect all employees working in the Office of the Secretary, Deputy Secretary, and Under Secretary, and that these personnel be funded from the Secretary's budget account.
COMMITTEE RECOMMENDATION
Due to severe budget constraints and the proposed downsizing of the Department of Energy, the Committee recommendation for administrative activities is $195,000,000, a decrease of $49,863,000 from the budget request of $244,863,000. Program activities in many areas of the Department are being reduced which should result in decreasing needs for administrative and support activities. The Committee expects the Department to begin immediately to restructure its administrative work force to achieve the necessary cost savings.
Directed reduction- The Committee recommendation includes a reduction of $5,000,000 which is to be allocated specifically to those organizations, including the Office of the Secretary, which directed the preparation of information transmitted to Congress on June 5, 1996, purporting to show the impact of the Subcommittee's proposed fiscal year 1997 602(b) allocation on the Department of Energy programs. As stated in the letter under the heading, Analytical Assumptions, `* * *the Department has estimated the impact of the recent House allocations and anticipated Congressional action on these programs.' After calculating this assumed impact, `the reduction was spread in the same manner and pattern in which the House took reductions from the Department's FY96 request for these programs.' Based on these assumptions, estimates, and anticipated Congressional actions, the Department proceeded to outline the funding impact of these reductions for each state and calculate the job losses.
It is almost inconceivable that the Department of Energy has the time and people available to participate in an exercise with no value. If the Department has ample resources to conduct such a make-work exercise, then clearly it has too much funding and too many people.
Staffing levels- Last year Congress reduced funding for the Departmental Administration account and expected the Department to review its current organization structure to determine what functions could be significantly reduced, consolidated, or eliminated. The Department chose to deal with the Congressional direction by furloughing employees for several days and then seeking to establish a furlough relief fund to reimburse employees with private donations for those days that they did not work. Ultimately, the Department found additional funding within the account and proceeded to pay the employees for the time they were furloughed and did not work, an action which is also questionable. The Committee seriously questions the Department's management judgment in this matter, and has chosen to be more prescriptive in the fiscal year 1997 funding recommendations.
The Committee continues to believe that Headquarters staffing for administrative functions is excessive. The Department's own Strategic Alignment Initiative anticipates many of these reductions, but proposes to phase them in over a five year period. The Committee is sympathetic to the desire to make these reductions with minimal impact, but cannot support a five year effort to reduce personnel to the appropriate levels. Thus, the Committee's funding recommendation accelerates this schedule by reducing salaries and expenses requested for fiscal year 1997. Reductions are not to be prorated across each organization. The Committee expects the Department to assess objectively the workload and value added by many of these organizations and the redundancy which exists within program organizations which have created their own support staffs, thereby duplicating many of the central staff functions. Manpower ceilings recommended by the Committee, and included in the accompanying bill, are the following:
| Ceiling | |
| Organization: | |
| Board of Contract Appeals | 6 |
| Chief Financial Office | 192 |
| Congressional, Public, and Intergovernmental Affairs | 35 |
| Economic Impact and Diversity | 30 |
| Field Management | 20 |
| General Counsel | 153 |
| Human Resources and Administration | 550 |
| Office of the Secretary | 23 |
| Policy | 20 |
| Total | 1,029 |
Use of Prior Year Deobligations and Construction Project Reserves- Throughout the fiscal year, funds often become available as projects are completed and contracts closed out. These funds become available for reuse and are retained by the Controller as either prior year deobligations or transferred to construction project reserve accounts. During fiscal year 1997 these funds are not available for reallocation within the Department unless approved by Congress as part of a reprogramming or specifically identified in the budget request.
Cost of Work for Others- The recommendation for the cost of work for others program is $26,336,000, the same as the budget request. The Committee recognizes that funds received from reimbursable activities may be used to fund general purpose capital equipment which is used in support of those activities.
Revenues- The revenue estimate for fiscal year 1997 is $125,388,000, the same as the budget request, and an increase of $3,082,000 from the revenues estimated for fiscal year 1996.
OFFICE OF INSPECTOR GENERAL
| Appropriation, 1996 | $25,000,000 |
| Budget Estimate, 1997 | 29,605,000 |
| Recommended, 1997 | 24,000,000 |
| Comparison: | |
| Appropriation, 1996 | -1,000,000 |
| Budget Estimate, 1997 | -5,605,000 |
The Office of Inspector General performs agency-wide audit, inspection, and investigative functions to identify and correct management and administrative deficiencies which create conditions for existing or potential instances of fraud, waste and mismanagement. The audit function provides financial and performance audits of programs and operations. The inspections function provides independent inspections and analyses of the effectiveness, efficiency, and economy of programs and operations. The investigative function provides for the detection and investigation of improper and illegal activities involving programs, personnel, and operations.
Due to severe budget constraints and the proposed downsizing of the Department of Energy, the Committee recommendation is $24,000,000, a reduction of $5,605,000 from the budget request of $29,605,000. The Committee recommendation includes the elimination of the Office of Contractor Employee Protection, an office which duplicates services available in other areas, and whose workload is too small to justify maintaining a separate organization. Funding is provided only for termination of this office.
ATOMIC ENERGY DEFENSE ACTIVITIES
The Atomic Energy Defense Activities programs of the Department of Energy include Weapons Activities; Defense Environmental Restoration and Waste Management; Fixed Asset Acquisition; Other Defense Programs; and Defense Nuclear Waste Disposal. Descriptions of each of these accounts are provided below.
WEAPONS ACTIVITIES
| Appropriation, 1996 | $3,460,314,000 |
| Budget Estimate, 1997 | 3,710,002,000 |
| Recommended, 1997 | 3,684,378,000 |
| Comparison: | |
| Appropriation, 1996 | +224,064,000 |
| Budget Estimate, 1997 | -25,624,000 |
The goal of the Weapons Activities program is to maintain the safety, security, and reliability of the nation's enduring nuclear weapons stockpile. This must be done within the constraints of a comprehensive test ban, using a science-based approach to stockpile stewardship and management in a smaller, more efficient weapons complex infrastructure. Since October 1992, the United States has maintained a moratorium on underground nuclear testing and has explored other means to assure confidence in the safety, reliability and performance of nuclear weapons. The future weapons complex will rely on scientific understanding and expert judgment, rather than on underground nuclear testing and the development of new weapons to predict, identify, and correct problems affecting the safety and reliability of the stockpile. Enhanced experimental capabilities and new tools in computation, surveillance, and advanced manufacturing will become necessary to recertify weapons safety, performance, and reliability without underground nuclear testing. Weapons will be maintained, modified, or retired and dismantled as needed to meet arms control objectives or remediate potential safety and reliability issues. As new tools are developed and validated, they will be incorporated into a smaller, more flexible and agile weapons complex infrastructure for the future.
GENERAL
Laboratory Directed Research and Development- The Committee supports the recommendation of the House National Security Committee to limit the funding for laboratory directed research and development (LDRD) activities to two percent of the funding received by the laboratory, a reduction from the current level of six percent. While the Committee supports the use of some funding for innovative projects at the discretion of the laboratory director, current funding levels for LDRD activities at the three national weapons laboratories exceed $170,000,000. Continuing budget constraints dictate that savings be made in as many areas as possible.
Outyear Funding- The Committee is concerned that the Department continues to pursue a program which will require a substantial increase in resources in future years. The Administration's budget request acknowledges an anticipated $623,000,000 shortfall in funding for this account in fiscal year 1998. The proposal is footnoted to indicate that offsets will come from potential savings within the Department of Energy, possible additional user fees, and potential adjustments in future funding for discretionary programs in other agencies. The Administration seems content to propose funding levels and several new initiatives in fiscal year 1997 which will be difficult to support in future years with continually constrained resources.
The Committee's recommendation for Weapons Activities is $3,684,378,000, an increase of $224,064,000 over the fiscal year 1996 appropriation, and a decrease of $25,624,000 from the budget request of $3,710,002,000. Differences in funding levels between fiscal years 1996 and 1997 reflect the transfer of salaries and other expenses for Federal employees at field offices from the major program accounts to a separate program direction account. Details of the recommended funding levels follow.
STOCKPILE STEWARDSHIP
The stockpile stewardship program addresses issues of maintaining confidence in stockpile safety and reliability without underground nuclear testing through a technically challenging science-based stockpile stewardship program utilizing upgraded or new experimental and computational capabilities. Funding of $1,601,767,000, an increase of $25,000,000 over the budget request of $1,576,767,000, has been recommended for fiscal year 1997. The additional funding is provided to support various stockpile stewardship activities at the nuclear weapons laboratories.
Inertial Confinement Fusion- The Committee recommends the budget request of $366,460,000 for the inertial confinement fusion program, and has included $21,150,770 for the University of Rochester's OMEGA laser, and $9,000,000 for the Naval Research Laboratory's Nike laser facility. The Committee has consistently supported these facilities and expects both to contribute to the research and technology development efforts in the inertial confinement fusion program.
National Ignition Facility- Funding of $191,000,000, the same as the budget request, has been provided for the National Ignition Facility. The Committee supports a strong stockpile stewardship program in the absence of underground nuclear testing, but is still concerned that it will be difficult to assure funds are available in the future to support this project as well as other critical needs in the weapons program.
Dual-Axis Radiographic Hydrodynamic Test Facility- The Committee understands that the stop work injunction issued by the Federal District Court in Albuquerque has been lifted and that construction of the facility will continue in fiscal year 1997. No funding for this project was requested in fiscal year 1997 as prior year funds will be available for needed activities.
Technology Transfer and Education- The Committee recommendation provides $59,400,000, the same as the budget request, for technology transfer and education programs. Technology transfer and education activities should be funded only to the extent that they directly support weapons program activities.
Marshall Islands- Funding of $6,800,000, the same as the budget request, for the Marshall Islands program has been provided in the Environment, Safety and Health program account in fiscal year 1997. This funding has been included in the weapons activities account in prior years. Responsibility for managing and funding the Marshall Islands program is under the purview of the Assistant Secretary of Energy for Environment, Safety and Health.
STOCKPILE MANAGEMENT
The stockpile management program supports the enduring stockpile, including maintenance, system refurbishment, and weapons dismantlement, and seeks to ensure an adequate supply of tritium. The Committee recommendation for stockpile management is $1,823,831,000, an increase of $25,000,000 over the budget request of $1,798,831,000. The additional funding is provided for activities necessary to sustain a reliable, quality production capability to support the nuclear weapons stockpile as it ages.
Tritium- Funding of $100,000,000 as requested in the budget is provided to assure the availability of adequate supplies of tritium to meet future nuclear weapons stockpile requirements. The Department is pursuing a dual-track strategy which explores the use of a commercial light-water reactor or purchase of irradiation services from such a reactor, and the design and testing of components of an accelerator system for production of tritium.
National Resource Center for Plutonium- The Committee continues to support the National Resource Center for Plutonium in Amarillo, Texas. A total of $10,000,000 has been provided for the Center. Included in the stockpile management program is $5,000,000, and an additional $5,000,000 has been included in the fissile materials disposition program.
PROGRAM DIRECTION
The budget request for program direction funding for fiscal year 1997 reflects the restructuring of the budget to include all salaries and expenses for Federal employees in a single program account. The budget request includes personnel expenses, capital equipment, and contractual services for 1,997 Federal employees in Defense Programs' offices at Headquarters and in the field.
The Committee recommendation of $258,780,000 for program direction is a reduction of $75,624,000 from the budget request of $334,404,000. This reflects a fifteen percent reduction in funding for personnel costs and travel expenses for Federal employees at Headquarters and in the field, and a fifty percent reduction in the use of advisory and assistance services. Funding of $161,237,000 requested for personnel costs is reduced by $24,186,000; funding of $15,837,000 requested for travel is reduced by $2,376,000; and funding of $98,130,000 requested for advisory and assistance services is reduced by $49,062,000.
DEFENSE ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT
| Appropriation, 1996 | $5,557,532,000 |
| Budget Estimate, 1997 | 5,409,310,000 |
| Recommended, 1997 | 5,409,310,000 |
| Comparison: | |
| Appropriation, 1996 | -148,222,000 |
| Budget Estimate, 1997 | ........................... |
The Environmental Management program is responsible for identifying and reducing risks and managing waste at sites where the Department carried out nuclear energy or weapons research and production activities which resulted in radioactive, hazardous, and mixed waste contamination requiring remediation, stabilization, or some other type of cleanup action. Environmental management activities are budgeted under the following accounts: Defense Environmental Restoration and Waste Management; Fixed Asset Acquisitions; Energy Supply, Research and Development; and the Uranium Enrichment Decontamination and Decommissioning Fund.
The Defense Environmental Restoration and Waste Management account includes waste management functions, environmental restoration activities, technology development efforts, nuclear materials and facility stabilization activities, basic science activities, privatization efforts, and a variety of crosscutting and program management initiatives. In comparing fiscal year 1996 funding to the fiscal year 1997 request, in several instances the Department has restructured and consolidated program accounts. For example, salaries and expenses for Federal employees have been moved from individual program accounts and consolidated in a separate program direction account.
The recommended funding for Defense Environmental Restoration and Waste Management is $5,409,310,000, the same as the budget request, but the Committee has recommended reallocating resources from program management activities to direct cleanup activities. Funding reductions are consistent with the recommendations of the House National Security Committee.
GENERAL
The Committee encourages the Department to continue to prioritize Environmental Management spending on activities which directly support site closures. Mortgage reduction and project acceleration must be emphasized. The Department's seemingly directionless policy at many of the former nuclear materials production sites must be focused on those activities and facilities which can be brought to closure within a defined time frame. Current Department of Energy estimates indicate closure of many sites may not occur for 70 years and may cost $350,000,000,000. By not accelerating cleanup activities now, we risk the possibility that future budgets will be too constricted to support ongoing cleanup efforts, jeopardizing the safe shutdown of former defense facilities. The Committee particularly applauds the efforts of those cleanup sites such as Fernald and Rocky Flats which have developed their own accelerated cleanup programs with project schedules, milestones, and cost estimates against which progress can be measured.
Report Requirement- The Committee strongly supports the current initiative by the Assistant Secretary for Environmental Management to establish a ten year plan to clean up the most serious risks and reduce mortgages at each site. The Committee directs the Department to submit this ten year plan to Congress as part of the fiscal year 1998 budget submission. Those efforts to accelerate cleanup activities and reduce mortgages which may result in large cost savings over the life of the cleanup should be maximized. The Committee expects this ten year plan to support completion of most environmental activities and closure of many sites.
Project Closure Fund.--The Committee directs the Department to include in its fiscal year 1998 budget request to Congress an account designated as a `Project Closure Fund.' The purpose of a closure project is, within a fixed period of time, to clean up and decommission a former defense nuclear facility or portion thereof and to make the facility safe by stabilizing, consolidating, or removing special nuclear materials from the facility. Sites and site contractors would be expected to clearly demonstrate and validate that candidate projects and/or facilities meet or exceed established criteria in order to be considered.
Closure projects should, at a minimum, meet the following criteria; (1) define a clear, delineated scope of work for completion by a date certain; (2) demonstrate that the site has in place a regulatory agreement for the implementation of environmental remediation requirements that would allow successful completion of the closure project; (3) demonstrate the support, to the maximum extent possible, of State and local officials and the public; (4) show that the Department of Energy and the contractor have agreed upon a formula that puts the contractor's fee at risk in the event the closure project is not completed successfully in a timely manner, provided there is funding allocated for the closure project consistent with the initial project plan; and (5) demonstrate that the closure project can be completed in ten years or less from the date of its establishment. Additionally, the use of new and innovative cleanup technologies which hold broad-based potential for application to other locations and facilities should be encouraged.
Initial funding for this account should be equal to ten percent of the total defense environmental restoration and waste management program. This funding is not to be designated for specific sites, but would be made available on a competitive basis to those sites which meet the established criteria. If there are not sufficient proposals to meet these criteria, the funding would remain in the account to be used the following year.
Employment Levels- The Committee understands that one of the most difficult tasks the Department faces is reducing contractor employment levels at cleanup sites. This is disruptive for the program, the site, and the community. However, the Department must also understand that unnecessarily maintaining high employment levels undercuts the credibility of the Department as it seeks to convince the Committee that the program is being managed in the most cost-effective manner. It has been acknowledged by some sites that employment reductions are necessary regardless of the funding levels because the current workforce level is not necessary to move into the next phase of the cleanup program. This should be viewed as a measure of progress in the cleanup program. The Department should be actively supporting this effort, not seeking to impede field office and contractor actions which can free up funding to accelerate necessary cleanup projects and reduce life cycle costs and schedules.
Privatization- The Committee continues to stress the need to improve efficiency and reduce costs in the environmental program, and urges the Department to use every means possible to broaden its use of existing companies with cleanup technologies and to maximize competition in its procurement processes. This should be done by outsourcing work traditionally performed by the Department's management and operating contractors, awarding fixed price or highly incentivized contracts, and expanding the use of privatization initiatives to purchase environmental management services.
The Department is considering a number of privatization initiatives which, if successful, can be a cost-effective method to secure waste treatment, remediation, and decontamination and decommissioning services from the private sector. This should enable the environmental management program to do more cleanup with less funding and shorten the time required to do each cleanup. It is important that the Department begin to bring competency, innovation, and new or improved technology by private vendors to bear on solving environmental management problems.
Temporary Reprogramming Authority- Consistent with the recommendation of the House National Security Committee, the Committee has agreed to provide greater flexibility to meet changing funding requirements at former defense sites which are undergoing remedial cleanup activities. In fiscal year 1997, each site manager may transfer up to $5,000,000 between Defense Environmental Restoration and Waste Management programs and construction projects to reduce health or safety risks or to gain cost savings as long as no program or project is increased or decreased by more than $5,000,000 once during the fiscal year. This temporary reprogramming authority may not be used to initiate new programs or programs specifically denied, limited, or increased by Congress in the Act or report. The Committees on Appropriations in the House and Senate must be notified within thirty days after the reprogramming of funds occurs.
Economic development- The Committee wants to reiterate the position outlined in last year's conference report that none of the environmental management funds may be used for economic development activities. The Committee appropriates funding for the `Worker and Community Transition Program' which is the only program authorized in the Department to provide economic development funding for communities, and this is the proper forum for evaluating the merits of the many proposals which the Department receives for economic development funding.
ENVIRONMENTAL RESTORATION
The environmental restoration program assesses, remediates, and decontaminates and dismantles contaminated Department of Energy facilities and sites which are inactive or surplus to current program needs. The Committee recommendation is $1,812,194,000, an increase of $50,000,000 over the budget request of $1,762,194,000.
Program management costs- The environmental restoration budget identifies funding in each field office for activities performed by outside contractor employees, such as preparation of the Department's budget, development of activity data sheets, program assessment activities, community and stakeholder relations, public outreach, and strategic planning. Program management costs for some sites appear to exceed 25% of the total cleanup activity. This is unacceptable. The budget identifies approximately 2,500 Federal employees in the field offices who are to oversee and administer environmental management program activities. The additional need for contractor support to perform these activities is not apparent. Excess program management costs reduce funding which should be directed toward cleanup. The Committee directs the Department to significantly reduce or eliminate program management activities performed by contractors in the environmental restoration program, fully utilize Federal employees in performing these tasks, and reallocate those funds to direct cleanup activities.
Accelerated Cleanup.--The Committee continues to support proposals to reduce costs and accelerate cleanup at sites such as Fernald and Rocky Flats, and expects the Department to make every effort to increase funding to advance these projects. The Committee recommendation includes an additional $50,000,000 to be used to accelerate cleanup at sites which have established cleanup schedules with firm dates for completion and which can be shown to be accelerated with additional funding. Last year the Committee provided additional funding for acceleration activities, but much of the money was spread among numerous small projects at many sites--amounts too small to have a noticeable impact on total site budgets and schedules. In fiscal year 1997 funding should be allocated in sufficient sums to demonstrate that total project costs can be reduced and overall cleanup schedules accelerated at a specific site or sites.
WASTE MANAGEMENT
The waste management program treats, stores, and disposes of radioactive and hazardous wastes generated across the Department of Energy complex. The Committee recommendation is $1,536,653,000, the same as the budget request.
NUCLEAR MATERIALS AND FACILITY STABILIZATION
The nuclear materials and facility stabilization program was established to manage the activities related to surplus weapons complex facilities; to ensure that nuclear materials remaining in the facilities are placed in a form suitable for longer-term storage; and to deactivate the facilities. The Department has indicated that this program should be completed in the 2005-2010 time frame.
The Committee recommendation for fiscal year 1997 funding is $1,269,290,000, an increase of $365,469,000 over the budget request of $903,821,000. This increase consists of two separate elements. The first is the transfer of $329,469,000 from the proposed site operations account to nuclear materials and facility stabilization as discussed below. The second is the addition of $36,000,000 to increase funding to reduce life cycle costs by accelerating existing activities, and reducing current mortgages for maintaining facilities which will ultimately be closed.
Surveillance and maintenance costs for surplus activities are expensive and labor intensive. The Department should review the possibility of reducing costs without compromising safety by redefining the minimum safety requirements commensurate with each surplus facility, and by developing a validated, requirement-based estimate of surveillance and maintenance costs.
SITE OPERATIONS
The Department proposes to create a new budget category for site operations in fiscal year 1997. This proposal seems to conflict with the Department's continued complaints that there are too many budget categories which limit their management and funding flexibility. Thus, the Committee has not agreed to establish a new program which would further limit the Department's ability to manage funding at each site.
Fiscal year 1997 funding of $329,469,000 was requested for site operations. The Committee recommends transferring this funding to the nuclear materials and facility stabilization program. Funding for two new construction projects has not been included in the recommendation. The Committee remains concerned with the Department's proposal to initiate new construction projects at Departmental sites and facilities where ongoing missions are currently being evaluated, and where the possibility exists that the projects can be executed using new procurement mechanisms such as privatization which could ultimately reduce the cost of each project.
Additionally, funds transferred for site operations should be reduced by $4,700,000 for program integration activities and $8,000,000 for transportation activities. This funding should be allocated to other high priority cleanup and decommissioning activities in the nuclear materials and facility stabilization program.
TECHNOLOGY DEVELOPMENT
The Committee recommendation for technology development is $303,771,000, the same as the budget request. The Committee continues to hear that new, innovative, and cost-saving technologies available in the private sector are not being adopted by the Department and its contractors. The technology development office should be the driving force to ensure that new and innovative processes are evaluated and brought to bear on cleanup problems across the complex.
The Committee recommends that the Department implement a pilot program whereby innovative technological approaches are considered for demonstration and application in order to achieve cost savings to the waste remediation and cleanup program. Performance-based criteria shall be utilized in the selection of such a technological approach. The Committee expects the Department to report in its Fiscal Year 1998 budget justification on the program's progress.
University Robotics Program.--The Committee recommendation includes $4,000,000 for the university robotics program.
Electrometallurgical Program- The Committee recommendation includes $15,000,000 for the electrometallurgical treatment of DOE spent fuel. Funding of $5,000,000 for this program has been provided in the Energy Supply, Research and Development appropriation account; thus, a total of $20,000,000 is provided for this activity.
POLICY AND MANAGEMENT
The Committee recommendation for this program is $23,155,000, a reduction of $25,000,000 from the budget request of $48,155,000. The recommendation also reallocates funding in this account to provide the fiscal year 1996 appropriated level of $8,788,000 for stakeholder affairs, $1,250,000 for training and education to implement the Defense Nuclear Facilities Safety Board Recommendation 93-3, and $13,117,000 for contractual services for planning, information management, budgeting, and engineering and cost management. The Committee is concerned that the training and education funding is being directed toward programs which have only a marginal benefit to cleanup activities, and has provided no funds in this account for funding specific colleges and universities, nor for providing contractual services for education activities.
ENVIRONMENTAL SCIENCE PROGRAM
The Committee recommendation for the environmental science program is $62,136,000, an increase of $10,000,000 over the budget request. Within this funding, $50,000,000 has been provided for the basic science program. It is too early to measure the success of this initiative established by Congress last year, but the response of the university and laboratory community to the request for proposals is encouraging. The Committee continues to believe that the Office of Energy Research can most appropriately oversee the basic research aspects of environmental management, and expects the Department to support this management arrangement. A continuing and interactive relationship between the basic research programs of the Department and the technology development program must be established. The Committee expects the Office of Energy Research and the Office of Environmental Management to work closely in using these resources to pursue long-term solutions to cleanup problems which cannot be met with today's cleanup technologies.
ENVIRONMENTAL MANAGEMENT PRIVATIZATION
The Committee supports the Department's efforts to seek new and innovative solutions to long-term cleanup problems such as the high-level waste tanks at the Hanford site in Richland, Washington, and has provided the budget request of $185,000,000. However, the Committee is concerned that the proposal to retrieve and vitrify 99% of the tank farm waste will ultimately cost almost $40 billion. While the Committee supports the initial pilot plant project, this is not a commitment for the full $40 billion project. The Committee is well aware of the millions of dollars already spent at Hanford in previous years when the Department and the State of Washington insisted on rushing to start construction of the Hanford Waste Vitrification Plant (HWVP) without thorough investigation of alternatives. Meeting an unrealistic milestone for the HWVP became the most important consideration and resulted in millions of wasted dollars and a canceled project. The Committee expects the Department: to move cautiously in executing this current program; pursue and take advantage of new technology developments which may occur; ensure that the tank waste disposal system is compatible with other cleanup decisions which have not yet been made for the site; and guarantee that final decisions are also in the best interest of the taxpayer.
The Committee is also aware that the Department will soon select a new lead contractor for the Hanford facility. New contract provisions should result in cost savings at this site. The Committee strongly encourages the Department, to the maximum extent possible, to allocate those savings that result from the new management contract to the privatization program. This approach should help to diminish to some degree the negative budgetary impact that results from the creation of the privatization fund in fiscal year 1997 and should eliminate any negative impact on current cleanup activities at the Hanford facility. Creation of a privatization fund is not intended to interfere with or impede ongoing critical stabilization, maintenance, and cleanup operations at this site.
PROGRAM DIRECTION
The Committee recommends $375,511,000, a reduction of $71,000,000 from the budget request of $446,511,000, for the program direction accounts in Headquarters and the field offices. This reduces the number of Headquarters Federal employees, reduces travel expenses at Headquarters and the field, and reduces advisory and assistance services by at least fifty percent from the budget request at Headquarters and in the field. The Committee understands and expects that this recommendation will result in fewer employees at Headquarters. Any attempt to mitigate the impact of this reduction by the use of unexpected prior year balances, furloughs, establishment of an employee relief fund, or use of other discretionary funds will require prior notification of Congress.
FUNDING ADJUSTMENTS
The Committee recommendation includes the use of $150,400,000 of prior year balances as requested by the Department, and the use of $8,000,000 from the Savannah River pension fund. The Committee directs the Department to provide a report by November 15, 1996, showing how the $150,400,000 of prior year balances have been allocated by program and site.
DEFENSE ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT
FIXED ASSET ACQUISITION ACCOUNT
| Appropriation, 1996 | ........................... |
| Budget Estimate, 1997 | $182,000,000 |
| Recommended, 1997 | 134,500,000 |
| Comparison: | |
| Appropriation, 1996 | +134,500,000 |
| Budget Estimate, 1997 | -47,500,000 |
As part of a separate fixed asset acquisition account outside the regular Department of Energy budget request, the President's budget request proposed an additional $182,000,000 for privatization activities for high priority waste treatment projects at several sites. Using this contracting approach, private contractors will be responsible for the design, permitting, financing, construction, and operation of facilities needed to treat waste. The contractor will be paid by the Federal government upon successful delivery of treated waste meeting predetermined specifications. The Committee was unable to provide full funding for this activity, but has provided $134,500,000 to support these privatization initiatives.
OTHER DEFENSE ACTIVITIES
| Appropriation, 1996 | $1,388,212,000 |
| Budget Estimate, 1997 | 1,547,700,000 |
| Recommended, 1997 | 1,459,533,000 |
| Comparison: | |
| Appropriation, 1996 | +71,321,000 |
| Budget Estimate, 1997 | -88,167,000 |
This account provides funding for Nonproliferation and National Security Programs which include Nonproliferation and Verification Research and Development, Arms Control, Intelligence, Emergency Management, Nuclear Safeguards and Security, Security Investigations, and Program Direction; Environment, Safety and Health (Defense); Worker and Community Transition; Fissile Materials Disposition; Nuclear Energy (Defense); and Naval Reactors. Descriptions of each of these programs are provided below.
NONPROLIFERATION AND VERIFICATION RESEARCH AND DEVELOPMENT
The nonproliferation and verification research and development program conducts applied research, development, testing, and evaluation of science and technology for strengthening the United States response to threats to national security and to world peace posed by the proliferation of nuclear weapons and special nuclear materials. Activities center on the design and production of operational sensor systems needed for proliferation detection, treaty verification, nuclear warhead dismantlement initiatives, and intelligence activities. The Committee recommendation is $194,919,000, the same as the budget request.
ARMS CONTROL AND NONPROLIFERATION
The arms control and nonproliferation program supports the Nation's arms control and nonproliferation policies by securing nuclear materials and expertise in Russia and the Newly Independent States; limiting weapons-usable fissile materials; establishing transparent and irreversible nuclear reductions; and controlling nuclear exports. The Committee recommendation is $169,544,000, a reduction of $11,700,000 from the budget request of $181,244,000. This recommendation includes $7,900,000, the amended budget request, for the North Korean program to can spent fuel from the research reactor, and a reduction of the $14,600,000 budget request for the Industrial Partnering Program. The recommendation includes the budget request of $90,000,000 for the materials protection, control and accounting program to secure and safeguard nuclear materials in Russia and the Newly Independent States.
INTELLIGENCE
The intelligence program provides information and technical analyses on international arms proliferation, foreign nuclear programs, and other energy related matters to policy makers in the Department and other U.S. Government agencies. The focus of the Department's intelligence analysis and reporting is on emerging proliferant nations, nuclear technology transfers, foreign nuclear materials production, and proliferation implications of the breakup of the Former Soviet Union. The Committee recommendation is $35,185,000, an increase of $6,000,000 over the budget request of $29,185,000. Consistent with the recommendations of the House National Security Committee, an additional $5,000,000 has been provided to expand counterintelligence activities at the nuclear weapons laboratories and other high-risk facilities, and $1,000,000 is provided for expanded analysis of the Russian and Chinese nuclear weapons programs.
EMERGENCY MANAGEMENT
The emergency management program encompasses all Departmental emergency management and threat assessment related activities, with the exception of the nuclear response activities funded in the Weapons Activities account, and ensures an integrated response to emergencies affecting Departmental operations and activities or requiring Departmental assistance. The Committee recommendation for funding is $16,794,000, the same as the budget request.
NUCLEAR SAFEGUARDS AND SECURITY
The nuclear safeguards and security program provides policy, programmatic direction, and training for the protection of the Department's nuclear weapons, nuclear materials, classified information, and facilities. The Committee recommendation for nuclear safeguards and security is $47,208,000, the same as the budget request.
The Committee remains concerned that the Department is continuing to spend in excess of $800,000,000 annually for safeguards and security costs throughout the complex. Greater efforts must be made to reduce these costs. The Committee directs the Department to conduct an independent assessment of its current threat policy and the application of this policy to the various Departmental facilities and locations to determine whether substantially reduced security requirements are viable at some locations with attendant cost reductions. This independent assessment is to be conducted by individuals not employed by the Department or its contractors, or by a company or organization which does not receive funding from a contractual arrangement from either the Department or its contractors.
The Committee is aware of the December 1995 Inspector General report titled, `Audit of the Department of Energy's Site Safeguards and Security Plans.' This report noted that the Office of Safeguards and Security presently issues policy guidance relative to the preparation of the Site Safeguards and Security Plans in which neither the affected Headquarters program offices nor the field sites have input or concur. Further, such guidance can and does at times result in unilaterally establishing expensive new security requirements for which no cost-benefit analyses are performed. The Committee recommends that the Department separate the responsibility for establishing Departmental security policy from the program office charged with the responsibility to implement the policy and ascertain compliance with the policy. The Committee believes this separation of responsibilities will provide an appropriate check and balance which may foster new and innovative approaches to continuing security concerns and simultaneously lead to substantial cost-savings.
Declassification- The Department has made several announcements concerning its new openness initiative to declassify information. However, in response to a Committee question, the Department stated that in fiscal year 1994 the Department classified 1,592,470 pages and declassified 213,800 pages. In fiscal year 1995 the Department classified 1,438,140 pages and declassified 337,210 pages. These statistics do not appear to support the Department's request for additional resources to continue declassification efforts. The Committee is concerned that funding is being provided for declassification of older documents, while the Department continues to classify current documents three times faster than they can be declassified. As part of the budget submission for fiscal year 1998, the Department should include an analysis of declassification efforts indicating anticipated results of the declassification initiative and proposals to limit the creation of new classified documents.
SECURITY INVESTIGATIONS
The security investigations program funds background investigations for Department of Energy and contractor personnel who, in the performance of their official duties, require access to restricted data, national security information, or special nuclear material. This program continues to maintain large uncosted balances each year. As a result, the Committee recommendation is $20,000,000, a reduction of $2,000,000 from the budget request of $22,000,000.
PROGRAM DIRECTION
At the direction of Congress, all expenses associated with Federal employees in fiscal year 1997 have been consolidated into a single program direction account for each organization. The fiscal year 1997 request for funding nonproliferation and national security Federal employees is $95,622,000, an increase of $12,813,000 over the fiscal year 1996 level of $82,809,000. The Committee recommendation is $80,622,000, a reduction of $15,000,000 from the budget request. This reduction is to be used to reduce the number of Federal employees at Headquarters and to reduce reliance on advisory and assistance services which were proposed to increase from $28,246,000 in fiscal year 1996 to $33,414,000 in fiscal year 1997.
ENVIRONMENT, SAFETY AND HEALTH (DEFENSE)
The Environment, Safety and Health activities included in this account provide oversight processes to evaluate the effectiveness of the Department's environment, safety, health, and safeguards and security programs; fund epidemiologic studies to examine possible linkages between conditions at DOE sites and adverse health effects among workers and offsite populations; and oversee epidemiologic studies on the health of population groups in the Marshall Islands who have been exposed to ionizing radiation. The Committee recommendation is $63,800,000, the same as the budget request. Included in this recommendation is the budget request of $6,800,000 for Marshall Islands support.
WORKER AND COMMUNITY TRANSITION
In accordance with Section 3161 of the National Defense Authorization Act of 1993, the worker and community transition program seeks to mitigate the impacts on workers and communities of contractor work force restructuring at defense sites, and assist community planning for defense conversion. The Committee recommendation is $57,000,000, a reduction of $10,000,000 from the budget request of $67,000,000.
The Committee is concerned with reports that the Department is providing very generous separation and severance benefits to contractor employees who are separated, and that these generous packages are being offered to contractor employees hired after 1991. Further, the Committee is concerned that at some sites, the contractors subsequently either rehire some of the separated workers or hire new employees with the skills of the separated workers because the field office and contractor failed to properly manage the downsizing. The Committee will be reviewing the Department's workforce restructuring process including the costs of employee buyout proposals to ensure that they do not exceed acceptable standards, and that they are also fair to the taxpayers who fund the payments.
FISSILE MATERIALS DISPOSITION
The fissile materials disposition program is responsible for the technical and management activities to assess, plan and direct efforts to provide for the safe, secure, environmentally sound long-term storage of all weapons-usable fissile materials and the disposition of fissile materials declared surplus to national defense needs. The Committee recommendation is $93,796,000, the same as the budget request.
The Committee encourages the Department of Energy to demonstrate to the world its commitment to the disposition of excess weapons plutonium by rapidly implementing the applicable Record of Decision. Accordingly, the Committee directs the Department to utilize commercially available and demonstrated technology and experience to deploy the options selected in the safest, most expedient, and cost-effective manner possible.
NUCLEAR ENERGY (DEFENSE)
The budget request for nuclear energy activities includes funding for the international nuclear safety program and the nuclear security/Russian production reactor shutdown program. Descriptions of these programs follow.
International Nuclear Safety- The international nuclear safety program is designed to reduce the national security and environmental threats posed by the operation of unsafe and aging nuclear facilities around the world. This program has three basic elements: improve the safety of Soviet-designed nuclear power plants in Russia and the Newly Independent States; secure shutdown of the Chernobyl nuclear power plant in Ukraine; and maintain core competencies in nuclear safety through the establishment of international safety centers in the United States and elsewhere, and through cooperative research and development with other countries and international organizations.
The budget request for this program in fiscal year 1997 is $66,200,000, an increase of $35,800,000 over the fiscal year 1996 appropriation of $30,000,000 to the Department of Energy. The Committee has provided no funding for this program in fiscal year 1997. However, it should be noted that this program has a large funding balance available. Through May 31, 1996, the Department had spent less than $20,000,000 on this program, and had $80,000,000 available for expenditure.
The Committee is also concerned that the Soviet-designed reactor program, which was originally envisioned to provide short-term assistance to make reactors safer and ultimately shut them down, is being expanded into a life extension program for Soviet-designed reactors. In light of no program plan, unclear mission needs, and huge funds available, no funding is provided. The Committee also questions the need for establishment of an International Nuclear Safety Center in the United States. It appears that the Department's interpretation of its role in this program has expanded beyond original intent to provide immediate short-term assistance to countries with Soviet-designed reactors.
NUCLEAR SECURITY
The Nuclear Security program seeks to reduce the threats posed by continued operation of reactors in Russia and the Newly Independent States that produce weapons materials, and to promote management practices that minimize the risks of proliferation of weapons-usable nuclear materials. The budget request for this activity in fiscal year 1997 is $6,000,000. The Committee has provided the budget request of $2,500,000 for preparatory work for converting the fuel in three Russian production reactors so that they do not produce weapons-grade plutonium while producing heat and electricity. This will allow Russia the time needed to identify a replacement source for the heat and electricity produced by the reactors while still achieving nonproliferation objectives. No funding is provided for international nuclear safety activities, breeder reactor safety issues, or spent fuel management.
NAVAL REACTORS
The Naval Reactors program is responsible for all aspects of Naval nuclear propulsion--from technology development through reactor operations to, ultimately, reactor plant disposal. This program provides for the design, development, testing, and evaluation of improved naval nuclear propulsion plants and reactor cores, and these efforts are critical to the continued success of over 120 reactors in operating submarines and surface ships, and to the New Attack Submarine class currently under development.
The Committee recommendation is $681,932,000, an increase of $18,000,000 over the budget request of $663,932,000. Additional funding of $18,000,000 has been provided to continue test reactor inactivation efforts and preclude inefficiencies due to delaying environmental cleanup activities. Scheduled to be completed in fiscal year 2002, funding for these environmental remediation activities peaks in fiscal year 1997.
FUNDING ADJUSTMENTS
The Committee recommendation includes the use of $3,767,000 in prior year balances remaining in the canceled new production reactor program. The budget request did not propose the use of any prior year balances.
DEFENSE NUCLEAR WASTE DISPOSAL
| Appropriation, 1996 | $248,400,000 |
| Budget Estimate, 1997 | 200,000,000 |
| Recommended, 1997 | 200,000,000 |
| Comparison: | |
| Appropriation, 1996 | -48,400,000 |
| Budget Estimate, 1997 | ........................... |
Since passage of the Nuclear Waste Policy Act of 1982, as amended, the Nuclear Waste Fund has incurred costs for activities related to disposal of high-level waste generated from the atomic energy defense activities of the Department of Energy. At the end of fiscal year 1995, the balance owed by the Federal government to the Nuclear Waste Fund was $1,098,000,000 (including principal and interest). The Defense Nuclear Waste Disposal appropriation was established to ensure payment of the Federal government's contribution to the Nuclear Waste Fund. Through fiscal year 1995, a total of $380,500,000 has been paid into the Nuclear Waste Fund for atomic energy defense activities.
The Committee recommends the fiscal year 1997 budget request of $200,000,000.
POWER MARKETING ACTIVITIES
Management of the Federal power marketing functions was transferred from the Department of Interior to the Department of Energy as directed in the Department of Energy Organization Act (Public Law 95-91). The functions include power marketing activities authorized under section 5 of the Flood Control Act of 1944 and all other functions of the Alaska Power Administration, Bonneville Power Administration, Southeastern Power Administration, Southwestern Power Administration, and the power marketing functions of the Bureau of Reclamation, now included in the Western Area Power Administration.
All power marketing administrations except Bonneville are funded annually with appropriated funds. Revenues collected from power sales and transmission services are deposited in the Treasury. Bonneville operations are self-financed under authority of Public Law 93-454, the Federal Columbia River Transmission System Act of 1974, which authorizes Bonneville to use its revenues to finance operating costs, maintenance and capital construction, and sell bonds to the Treasury if necessary to finance any remaining capital program requirements.
OPERATION AND MAINTENANCE, ALASKA POWER ADMINISTRATION
| Appropriation, 1996 | $4,260,000 |
| Budget Estimate, 1997 | 4,000,000 |
| Recommended, 1997 | 4,000,000 |
| Comparison: | |
| Appropriation, 1996 | -260,000 |
| Budget Estimate, 1997 | ...................... |
The Alaska Power Administration is responsible for operation, maintenance, and marketing of power for Alaska's two Federal hydroelectric projects. The operating projects are the 30 MW Eklutna Project near Anchorage and the 78 MW Snettisham Project near Juneau. Project facilities include dams, reservoirs, powerplants, transmission systems, and necessary maintenance facilities.
The Committee recommendation is $4,000,000, the same as the budget request. The Committee supports the transfer of assets authorized by the Alaska Power Administration Asset Sale and Termination Act (Public Law 104-58). If the transfer is completed before the end of fiscal year 1997, any unobligated appropriations must be returned to the Treasury.
BONNEVILLE POWER ADMINISTRATION
The Bonneville Power Administration is the Federal electric power marketing agency in the Pacific Northwest, a 300,000 square-mile service area that encompasses Oregon, Washington, Idaho, western Montana, and small portions of adjacent western States in the Columbia River drainage basin. Bonneville markets hydroelectric power from 30 Corps of Engineers and Bureau of Reclamation projects, as well as thermal energy from non-Federal generating facilities in the region. Bonneville also markets and exchanges surplus electric power inter-regionally over the Pacific Northwest-Pacific Southwest Intertie with California, and in Canada over interconnections with utilities in British Columbia.
Bonneville constructs, operates and maintains the Nation's largest high-voltage transmission system, consisting of 14,800 circuit-miles of transmission line and 400 substations with an installed capacity of 22,212 MW. Public Law 93-454, the Federal Columbia River Transmission System Act of 1974, placed Bonneville on a self-financed basis. With the passage in 1980 of Public Law 96-501, the Pacific Northwest Electric Power Planning and Conservation Act, Bonneville's responsibilities were expanded to include meeting the net firm load growth of the region, investing in cost-effective, region-wide energy conservation, and acquiring generating resources to meet these requirements.
Eastern Canadian Intertie- The Department requested language providing approval by Congress for initiation of construction of the Eastern Canadian Intertie (Grand Coulee Dam to the Canadian Border `Oliver') facility. This facility will provide transmission facilities that are required for returning the Canadian entitlement power to Canada under the 1964 Columbia River Treaty. The Committee recommendation does not include this language. The Committee has deferred action on this issue to allow additional time for consultations about the line with interested parties.
Energy Services Business Line- The Committee believes that the proposed request for FY 97 to create a new Energy and Environmental Services business line at Bonneville are premature in light of the uncompleted regional review initiated by Congress and the Northwest Governors last year. Moreover, the Committee is concerned that these new business ventures by Bonneville may compete with existing private companies, both large and small. And finally, the Committee is concerned that any new business venture that is not specifically authorized by Congress should be fully scrutinized by the appropriate Committees to assure that any new obligations by Bonneville do not become contingent liabilities of the U.S. Treasury. The Committee denies the request for borrowing authority, appropriations, and reallocation of funds for these purposes pending the outcome of the regional review and approval by the appropriate Committees of the Congress. Bonneville should however continue to provide historic services to its existing customers. The Committee believes that if Bonneville has staff who are not being fully utilized, Bonneville should pursue reducing FTEs before expanding into new business ventures.
Borrowing Authority- A total of $3,750,000,000 has been made available to Bonneville as permanent borrowing authority. Each year the Committee reviews the budgeted amounts Bonneville plans to use of this total and reports a recommendation for these borrowing requirements. For fiscal year 1997, the Committee recommends an additional increment of $267,000,000 in new borrowing authority, a reduction of $20,000,000 from the budget request, for transmission system construction, system replacement, energy resources, fish and wildlife, and capital equipment programs. Funds have been reduced to ensure Bonneville does not initiate new programs prior to regional and Congressional reviews.
Budget revisions and notification- The Committee expects Bonneville to adhere to the borrowing authority estimates recommended by the Congress and promptly inform the Committee of any exceptional circumstances which would necessitate the need for Bonneville to obligate borrowing authority in excess of such amounts.
Repayment- During fiscal year 1997, Bonneville plans to pay the Treasury $851,000,000, of which $263,000,000 is to repay principal on the Federal investment in these facilities.
Limitation On Direct Loans- The Committee recommends that no new direct loans be made in fiscal year 1997.
OPERATION AND MAINTENANCE, SOUTHEASTERN POWER MARKETING ADMINISTRATION
| Appropriation, 1996 | $19,843,000 |
| Budget Estimate, 1997 | 20,900,000 |
| Recommended, 1997 | 18,859,000 |
| Comparison: | |
| Appropriation, 1996 | -984,000 |
| Budget Estimate, 1997 | -2,041,000 |
The Southeastern Power Administration markets hydroelectric power produced at Corps of Engineers projects in 10 southeastern states. There are 23 projects now in operation with an installed capacity of 3,092 megawatts. Southeastern does not own or operate any transmission facilities and carries out its marketing program by utilizing the existing transmission systems of the power utilities in the area. This is accomplished through `wheeling' arrangements between Southeastern and each of the area utilities with transmission lines connected to the projects. The utility agrees to deliver specified amounts of federal power to customers of the Government, and Southeastern agrees to compensate the utility for the wheeling service performed.
The Committee recommendation of $18,859,000 is a decrease of $984,000 from last year. The Committee notes that at the end of fiscal year 1995, Southeastern had a balance of $17,230,000 in unobligated and uncosted funds. The Committee is concerned about the level of carryover balances and will continue to make adjustments to appropriations that reflect the availability of these funds.
OPERATION AND MAINTENANCE, SOUTHWESTERN POWER MARKETING ADMINISTRATION
| Appropriation, 1996 | $29,778,000 |
| Budget Estimate, 1997 | 26,900,000 |
| Recommended, 1997 | 25,210,000 |
| Comparison: | |
| Appropriation, 1996 | -4,568,000 |
| Budget Estimate, 1997 | -1,690,000 |
The Southwestern Power Administration is the marketing agent for the power generated at Corps of Engineers' hydroelectric plants in the six-state area of Kansas, Oklahoma, Texas, Missouri, Arkansas, and Louisiana with a total installed capacity of 2,158 megawatts. It operates and maintains some 1,380 miles of transmission lines, 24 generating projects, and 24 substations, and sells its power at wholesale primarily to publicly and cooperatively owned electric distribution utilities.
The Committee recommendation for fiscal year 1997 is $25,210,000, a decrease of $4,568,000 from last year. The Committee notes that at the end of fiscal year 1995, Southwestern had a balance of $12,708,000 in unobligated and uncosted funds. The Committee is concerned about the level of carryover balances and will continue to make adjustments to appropriations that reflect the availability of these funds.
CONSTRUCTION, REHABILITATION, OPERATION AND MAINTENANCE, WESTERN POWER MARKETING ADMINISTRATION
| Appropriation, 1996 | $257,652,000 |
| Budget Estimate, 1997 | 217,891,000 |
| Recommended, 1997 | 211,582,000 |
| Comparison: | |
| Appropriation, 1996 | -46,070,000 |
| Budget Estimate, 1997 | -6,309,000 |
The Western Area Power Administration is responsible for marketing electric power generated by the Bureau of Reclamation, the Corps of Engineers, and the International Boundary and Water Commission. Western operates hydropower generating plants in 15 central and western states encompassing a 1.3 million square-mile geographic area. Western is also responsible for the operation and maintenance of 16,727 miles of high-voltage transmission lines with 257 substations.
Western, through its power marketing program, must secure revenues sufficient to meet the annual costs of operation and maintenance of the generating and transmission facilities, purchased power, wheeling and other expenses, in order to repay all of the power investment with interest, and to repay that portion of the Government's irrigation and other nonpower investments which are beyond the water users' repayment capability. Under the Colorado River Basins Power Marketing Fund, which encompasses the Colorado River Basin, Fort Peck, and Colorado River Storage Facilities, all operation and maintenance and power marketing expenses are financed from revenues.
The Committee recommendation for Western is $211,582,000, a decrease of $6,309,000 from the budget request. The Committee notes that at the end of fiscal year 1995, Western had a balance of $136,835,000 in unobligated and uncosted funds. The Committee is concerned about the level of carryover balances and will continue to make adjustments to appropriations that reflect the availability of these funds.
Colorado River Dam Fund.--The Committee recommends bill language as requested by the Administration to implement the provisions of the Hoover Power Plant Act of 1984.
FALCON AND AMISTAD OPERATING AND MAINTENANCE FUND
| Appropriation, 1996 | $1,000,000 |
| Budget Estimate, 1997 | 970,000 |
| Recommended, 1997 | 970,000 |
| Comparison: | |
| Appropriation, 1996 | -30,000 |
| Budget Estimate, 1997 | ........................... |
Creation of the Falcon and Amistad Operation and Maintenance Fund was directed by the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995. This legislation also directed that the Fund be administered by the Administrator of the Western Area Power Administration for use by the Commissioner of the United States Section of the International Boundary and Water Commission to defray operation, maintenance, and emergency costs for the hydroelectric facilities at the Falcon and Amistad Dams in Texas. Prior to fiscal year 1996, funds for Falcon and Amistad were included in the appropriations of the Department of State.
The Committee recommendation is $970,000, the same level as the budget request. The Committee notes that on March 31, 1996, halfway through the current fiscal year, the unspent balances in this program were $830,000--83% of the amount appropriated last year.
FEDERAL ENERGY REGULATORY COMMISSION
SALARIES AND EXPENSES
| Appropriation, 1996 | $131,290,000 |
| Budget Estimate, 1997 | 159,397,000 |
| Recommended, 1997 | 141,290,000 |
| Comparison: | |
| Appropriation, 1996 | +10,000,000 |
| Budget Estimate, 1997 | -18,107,000 |
SALARIES AND EXPENSES--REVENUES APPLIED
| Appropriation, 1996 | -131,290,000 |
| Budget Estimate, 1997 | -159,397,000 |
| Recommended, 1997 | -141,290,000 |
| Comparison: | |
| Appropriation, 1996 | -10,000,000 |
| Budget Estimate, 1997 | +18,107,000 |
The Committee recommendation is $141,290,000, an increase of $10,000,000 over the amount provided last year. Revenues are established at a rate equal to the amount provided for program activities, resulting in a net appropriation of zero.
On March 31, 1996, halfway through the fiscal year, the Commission had a balance of $692,000 in unallocated funds, $72,973,000 in unobligated funds and $40,864,000 in uncosted funds, representing a total unspent balance of $114,529,000. This balance includes appropriated funds that have yet to be made available to the offices that obligate the funds, appropriated funds for which contracts or grants have not yet been awarded and funds which have been obligated with costs that have yet to be incurred. This balance, on the books halfway through the current fiscal year, represents 87% of the appropriation provided last year. Consistent with the direction given in last year's conference report, the Committee encourages the Commission to apply carryover balances to meet fiscal year 1997 funding needs.
The Committee supports the additional funding requested for implementing Orders 888 and 889, the regulatory changes that open the wholesale electricity market to competition, and establish a `same-time' information system to ensure that transmission owners and their affiliates do not enjoy an advantage over their competitors. The Committee recommends that the increase in funding for these activities be offset by decreases in funding for hydropower and natural gas and oil pipelines activities.
As stated in the conference report last year, the Congress directed a specific reduction to the FTE level in the natural gas and oil program. The Committee notes that the FTE level in June, 1995, when the House report recommended a 10% reduction for FTEs, was 616. Last year's conference report recommended a 20% reduction from fiscal year 1995 to fiscal year 1997. The Committee notes that the Commission appears to be on track to reach this goal (493 FTEs) by the end of fiscal year 1997.
GENERAL PROVISION
The Committee has recommended a provision which creates a priority placement and job retraining program for employees who have been, or are about to be, separated from government service as a result of a reduction in force. The Department of Energy shall provide such employees priority placement for other Energy vacanies as they occur, and may provide job placement and counseling services.
COMMITTEE RECOMMENDATION
The Committee's detailed funding recommendations for programs in Title III are contained in the following table.
Offset Folios 113 to 131 insert here
010
TITLE IV
INDEPENDENT AGENCIES
APPALACHIAN REGIONAL COMMISSION
| Appropriation, 1996 | $170,000,000 |
| Budget Estimate, 1997 | 170,000,000 |
| Recommended, 1997 | 155,331,000 |
| Comparison: | |
| Appropriation, 1996 | -14,669,000 |
| Budget Estimate, 1997 | -14,669,000 |
The Appalachian Regional Commission (ARC) is a regional economic development agency established in 1965. It is composed of the Governors of the 13 Appalachian states and a Federal Co-Chairman who is appointed by the President.
The Committee recommends $155,331,000 for fiscal year 1997. Of the total amount appropriated, $3,331,000 is provided for salaries and expenses, $57,000,000 is provided for area development, and $95,000,000 is provided for highway development. The recommendation represents level funding for area development and an increase over the budget request for construction of the Appalachian Development Highway System; at the same time, the recommendation continues orderly downsizing of the Federal commission.
DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SALARIES AND EXPENSES
| Appropriation, 1996 | $17,000,000 |
| Budget Estimate, 1997 | 17,000,000 |
| Recommended, 1997 | 12,000,000 |
| Comparison: | |
| Appropriation, 1996 | -5,000,000 |
| Budget Estimate, 1997 | -5,000,000 |
The Defense Nuclear Facilities Safety Board was created by the Fiscal Year 1989 National Defense Authorization Act. The Board, composed of five members appointed by the President, provides advice and recommendations to the Secretary of Energy regarding public health and safety issues at the Department's defense nuclear facilities. The Board is responsible for reviewing and evaluating the content and implementation of the standards relating to the design, construction, operation and decommissioning of defense nuclear facilities of the Department of Energy.
Consistent with agency reductions that the Committee has made throughout this bill in personnel salaries and expenses, the Committee recommendation is $12,000,000, a decrease of $5,000,000 from the budget request of $17,000,000. In downsizing, the Committee recommends that the Board focus primary oversight efforts on those defense nuclear facilities which are operational, and those facilities in standby or shutdown which represent the highest radiological risk to workers, the public, and the environment. Low risk environmental restoration projects are overseen by State and Federal regulators, and should not demand the attention of the Board.
DELAWARE RIVER BASIN COMMISSION
SALARIES AND EXPENSES
| Appropriation, 1996 | $343,000 |
| Budget Estimate, 1997 | 342,000 |
| Recommended, 1997 | ........................... |
| Comparison: | |
| Appropriation, 1996 | -343,000 |
| Budget Estimate, 1997 | -342,000 |
The Energy and Water Development Appropriations Act, 1996, provided final year funding for the Delaware River Basin Commission. Pursuant to and consistent with that Act, no funds are provided for the Commission in fiscal year 1997.
CONTRIBUTION TO DELAWARE RIVER BASIN COMMISSION
| Appropriation, 1996 | $428,000 |
| Budget Estimate, 1997 | 534,000 |
| Recommended, 1997 | .......................... |
| Comparison: | |
| Appropriation, 1996 | -428,000 |
| Budget Estimate, 1997 | -534,000 |
The Energy and Water Development Appropriations Act, 1996, provided final year funding for the Delaware River Basin Commission. Pursuant to and consistent with that Act, no funds are provided for the Commission in fiscal year 1997.
INTERSTATE COMMISSION ON THE POTOMAC RIVER BASIN
CONTRIBUTION TO INTERSTATE COMMISSION ON THE POTOMAC RIVER BASIN
| Appropriation, 1996 | $511,000 |
| Budget Estimate, 1997 | 508,000 |
| Recommended, 1997 | ........................... |
| Comparison: | |
| Appropriation, 1996 | -511,000 |
| Budget Estimate, 1997 | -508,000 |
The Energy and Water Development Appropriations Act, 1996, provided final year funding for the Interstate Commission on the Potomac River Basin. Pursuant to and consistent with that Act, no funds are provided for the Commission in fiscal year 1997.
NUCLEAR REGULATORY COMMISSION
GROSS APPROPRIATION
| Appropriation, 1996 | $468,300,000 |
| Budget Estimate, 1997 | 475,300,000 |
| Recommended, 1997 | 471,800,000 |
| Comparison: | |
| Appropriation, 1996 | +3,500,000 |
| Budget Estimate, 1997 | -3,500,000 |
REVENUES
| Appropriation, 1996 | -$457,300,000 |
| Budget Estimate, 1997 | -457,800,000 |
| Recommended, 1997 | -457,300,000 |
| Comparison: | |
| Appropriation, 1996 | ........................... |
| Budget Estimate, 1997 | +500,000 |
NET APPROPRIATION
| Appropriation, 1996 | $11,000,000 |
| Budget Estimate, 1997 | 17,500,000 |
| Recommended, 1997 | 14,500,000 |
| Comparison: | |
| Appropriation, 1996 | +3,500,000 |
| Budget Estimate, 1997 | -3,000,000 |
The Omnibus Reconciliation Act of 1990, as amended, requires that the Nuclear Regulatory Commission recover 100 percent of its budget authority, less the appropriation from the Nuclear Waste Fund, by assessing license and annual fees. The Committee recommends an appropriation of $471,800,000 for fiscal year 1997, $3,500,000 more than last year and $3,500,000 less than the budget request.
The recommendation includes $457,300,000 for salaries and expenses, the same as the amount provided last year, and $500,000 (or 0.1%) less than the budget request. This funding is fully recovered by fees and collections.
The Committee includes $11,000,000 for activities related to the implementation of the Nuclear Waste Policy Act and in support of the Department of Energy's efforts to characterize Yucca Mountain as a potential site for a permanent nuclear waste repository. This funding is to be derived from the Nuclear Waste Fund, and the funds are provided subject to authorization of Nuclear Waste Fund expenditures for Department of Energy program activities. The recommendation is the same as last year's level and is $3,000,000 less than the budget request.
The recommendation also includes $3,500,000, the same amount as the budget request, for activities related to commercial vitrification at the Hanford site. This funding is to be derived from general funds, not to be offset by fees and collections. No funding was provided for these activities last year.
The Committee supports the continued downsizing of staff as proposed under the Standard Reactor Design cost center. However, the Committee opposes the proposed staff level increases under Reactor Regulation. This proposed increase appears to be inappropriate to the level of activity, considering: the maturation of the industry; the lack of nuclear power plants under construction; and a lower level of research and rulemaking services. The Committee urges the Commission to participate in the government-wide streamlining and downsizing effort and make additional reductions to its workforce.
The Committee remains concerned about the high level of unobligated and uncosted balances. The Committee notes that the estimate of unobligated balances at the end of fiscal year 1995 was $52 million, $11 million higher than the Commission's March 1995 estimate and $27 million higher than the goal for fiscal year 1995. The Committee will continue to monitor the level of carryover balances and will make adjustments to reflect the availability of these funds.
The Committee notes that last year's funding reduction has resulted in direct relief for power reactors, high and low enriched fuel facilities, and for professionals in the nuclear industry. The direction provided by Congress last year has resulted in a direct benefit to those who pay fees to the Commission. The following tables display the fee reductions made possible by last year's actions to reduce spending at the Commission.
-----------------------------------------------------------------
Fiscal year-- Reduction
1995 1996
-----------------------------------------------------------------
Class of licensees:
Power reactors $3,826,400 $3,506,200 -$320,200
High enriched fuel facilities 2,931,625 2,805,852 -125,773
Low enriched fuel facilities 1,488,781 1,462,665 -26,116
Typical materials licensees:
Broad scope medical 23,200 21,700 -1,500
Radiographers 13,900 13,000 -900
Well loggers 8,100 7,500 -600
Gauge users 1,700 1,600 -100
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OFFICE OF INSPECTOR GENERAL
GROSS APPROPRIATION
| Appropriation, 1996 | $5,000,000 |
| Budget Estimate, 1997 | 5,000,000 |
| Recommended, 1997 | 5,000,000 |
| Comparison: | |
| Appropriation, 1996 | ........................... |
| Budget Estimate, 1997 | ........................... |
REVENUES
| Appropriation, 1996 | -5,000,000 |
| Budget Estimate, 1997 | -5,000,000 |
| Recommended, 1997 | -5,000,000 |
| Comparison: | |
| Appropriation, 1996 | ........................... |
| Budget Estimate, 1997 | ........................... |
This appropriation provides for the Office of Inspector General of the Nuclear Regulatory Commission. Pursuant to law, budget authority appropriated to the Inspector General must be recovered through the assessment of license and annual fees.
The Committee recommends an appropriation of $5,000,000, equal to the Administration's request and the amount provided last year. Pursuant to 42 U.S.C. 2214, this appropriation must be recovered through the assessment of license and annual fees, resulting in a net appropriation of $0.
NUCLEAR WASTE TECHNICAL REVIEW BOARD
| Appropriation, 1996 | $2,531,000 |
| Budget Estimate, 1997 | 3,214,000 |
| Recommended, 1997 | 2,531,000 |
| Comparison: | |
| Appropriation, 1996 | ........................... |
| Budget Estimate, 1997 | -683,000 |
The Committee recommendation provides continued funding for the Nuclear Waste Technical Review Board. The Nuclear Waste Policy Amendments Act of 1987 directs the Board to evaluate the technical and scientific validity of the activities of the Department of Energy's nuclear waste disposal program. The Board must report its findings not less than two times a year to the Congress and the Secretary of Energy.
The Committee recommends level funding of $2,531,000. This is the same amount provided in fiscal year 1996.
The Committee is disappointed that it must remind the Board that its statutory function is to, `evaluate the technical and scientific validity of [nuclear waste disposal] activities' of the Department of Energy (emphasis added). The Board's recent recommendations regarding the importance and timing of interim storage vis-a-vis permanent disposal of nuclear waste hardly amount to scientific and technical evaluations. Rather, these pronouncements involve the exact policy questions pending before Congress. Congress established the Board to ensure the most rigorous external scientific oversight of nuclear waste program operations. The Board's tangential policy excursions only serve to diminish its credibility as a scientific and technological resource. The Committee assures the Board that Congress does not suffer from a shortage of policy advice regarding Yucca Mountain and nuclear waste disposal.
SUSQUEHANNA RIVER BASIN COMMISSION
SALARIES AND EXPENSES
| Appropriation, 1996 | $318,000 |
| Budget Estimate, 1997 | 322,000 |
| Recommended, 1997 | ........................... |
| Comparison: | |
| Appropriation, 1996 | -318,000 |
| Budget Estimate, 1997 | -322,000 |
The Energy and Water Development Appropriations Act, 1996, provided final year funding for the Susquehanna River Basin Commission. Pursuant to and consistent with that Act, no funds are provided for the Commission in fiscal year 1997.
CONTRIBUTION TO SUSQUEHANNA RIVER BASIN COMMISSION
| Appropriation, 1996 | $250,000 |
| Budget Estimate, 1997 | 380,000 |
| Recommended, 1997 | ........................... |
| Comparison: | |
| Appropriation, 1996 | -250,000 |
| Budget Estimate, 1997 | -380,000 |
The Energy and Water Development Appropriations Act, 1996, provided final year funding for the Susquehanna River Basin Commission. Pursuant to and consistent with that Act, no funds are provided for the Commission in fiscal year 1997.
TENNESSEE VALLEY AUTHORITY
| Appropriation, 1996 | $109,169,000 |
| Budget Estimate, 1997 | 120,000,000 |
| Recommended, 1997 | 97,169,000 |
| Comparison: | |
| Appropriation, 1996 | -12,000,000 |
| Budget Estimate, 1997 | -22,831,000 |
The Committee recommends $97,169,000 for the appropriated programs of the Tennessee Valley Authority. The appropriation is distributed among TVA programs as follows:
| Program: | |
| Economic Development | $16,000,000 |
| Land Between the Lakes | 5,000,000 |
| Stewardship Activities | 76,169,000 |
| Environmental Research Center | 0 |
Economic Development.--In testimony before the Subcommittee on Energy and Water Development this year, TVA conceded that Economic Development is not an essential appropriated activity of the Authority. Further, TVA reported that it intends to phase out appropriations for the program over the next three years. The budget request of $16 million, the same amount appropriated in fiscal year 1996, does not reflect that intent. The Committee, which recommends the budget request, expects TVA to accelerate the program's phase-out after fiscal year 1997.
Land Between the Lakes.--The Committee recommends $5,000,000 for Land Between the Lakes (LBL).
In fiscal year 1996, Congress appropriated $5,000,000 for LBL and provided authority to transfer an additional $1,000,000 from Stewardship funds in case of a severe lack of funds or an `emergency' and/or `crisis' situation. TVA is exercising this special transfer authority and applying $6,000,000 to LBL in fiscal year 1996, while committing $1,565,000 of its fiscal year 1996 funds to capital improvement projects that were neither included in TVA's budget request nor approved by Congress. Furthermore, TVA has committed $1,317,000 in fiscal year 1995 funds for capital improvements at LBL. This was revealed in neither the fiscal year 1995 nor the fiscal year 1996 budget justifications submitted to the Committee.
Instead of moving toward greater financial self-sufficiency for LBL, TVA has avoided steps to downsize, despite the fact that its workforce is disproportionate to that of similarly situated parks and wildlife areas. Specific examples illustrate the point:
------------------------------------------------------
Acres per FTE
------------------------------------------------------
Park:
Grand Canyon National Park 3,734
Glacier Bay National Park and Reserve 113,213
Yellowstone National Park 4,400
Badlands National Park 5,165
Mojave National Park 72,500
Olympic National Park 4,960
Land Between the Lakes 1,553
------------------------------------------------------
The recent public debate over alternative concepts for LBL's future has demonstrated the paramount importance that area residents place on maintaining the park in its natural conditions. It is tautological that an army of employees is not necessary for the maintenance of the park in its wild and natural state. Therefore, TVA is expected to focus on downsizing LBL and becoming more financially self-sufficient.
In light of its poor management and budget practices with respect to LBL, TVA can expect continued close scrutiny of its future operations and budget requirements.
Stewardship and Land and Water.--The Committee recommends $76,169,000 for Stewardship and Land and Water activities. This represents an increase of $6,000,000 over the fiscal year 1996 level.
Due to severe budgetary constraints and unsupportable outyear funding requirements, no funds have been included for activities associated with the replacement or reconstruction of Chickamauga Lock. The Committee does approve TVA's request of $2,000,000 for repairs to the existing Chickamauga Lock.
The Committee understands that certain TVA communities are concerned that the frequency of reservoir drawdowns for dam safety inspections may have an unnecessarily negative impact on local economies. The Committee urges TVA to review its dam safety procedures to determine whether the cycle of safety inspections could be extended without appreciable impacts on safety.
Environmental Research Center.--In testimony before the Subcommittee on Energy and Water Development, TVA acknowledged that operation of the Environmental Research Center (ERC) is not an essential appropriated activity of the TVA. The Committee agrees and, like last year, recommends termination of Federal participation in the ERC.
Reprogrammings.--In an effort to improve TVA's budgetary accountability, the Committee requires that the Authority comply with the following reprogramming guidelines.
Any proposed reprogramming of appropriated funds from or to any program, project or activity of TVA that would result in: a significant change in the scope of any program, project, or activity as described in the TVA budget justification submitted to Congress; the creation of any new program, project or activity; or an increase or decrease of more than $500,000 or 10% of the total amount appropriated for any program, project or activity (whichever is less) requires that the chairmen of the House and Senate Subcommittees on Energy and Water Development be informed of the proposed action and be allowed at least thirty days in which to respond.
TITLE V
GENERAL PROVISIONS
Section 501.--The Committee has included language stating 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.-
Section 502.--The Committee has included language repealing section 508(f) of Public Law 104-46, the Energy and Water Development Appropriations Act, 1996. In fiscal year 1996, Congress provided the Administrator of the Bonneville Power Administration the authority to offer employees voluntary separation incentives not to exceed $25,000 as deemed necessary to reduce employment levels. The fiscal year 1997 budget request assumes that Bonneville employment levels will stay at the fiscal year 1996 level of 3,272 employees; thus, the Committee has included language repealing the permanent buyout authority.
Section 503.--The Committee has included language repealing 42 U.S.C. 7262 which provides authority to the Secretary of Energy to accept gifts, bequests, and devises of money. This change to the Department of Energy Organization Act, Public Law 95-91, is deemed necessary to prevent the Secretary of Energy from using this account to augment appropriations for programs, projects, and activities for which funds were specifically limited in an annual appropriations Act.
Section 504.--The Committee has included language repealing a provision included in Public Law 101-514, the Energy and Water Development Appropriations Act, 1991, which provided that in operation of the Shasta Dam, Central Valley Project, California, any increase in power purchase costs incurred by the Western Area Power Administration after January 1, 1986, resulting from bypass releases for temperature control purposes to preserve anadromous fisheries in the Sacramento River shall be nonreimbursable. Completion of the Shasta Temperature Control Device is scheduled for later this year, making this provision unnecessary in fiscal year 1997.
Section 505.--The Committee has included language in the bill which provides that none of the funds appropriated or otherwise made available by the Act may be used to determine the final point of discharge for the interceptor drain for the 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.
HOUSE OF REPRESENTATIVES REPORT REQUIREMENTS
The following items are included in accordance with various requirements of the Rules of the House of Representatives.
INFLATIONARY IMPACT STATEMENT
Pursuant to clause 2(l)(4) of rule XI of the House of Representatives, the Committee estimates that enactment of this bill would have negligible or no overall inflationary impact on prices and costs in the operation of the national economy.
COMPARISON WITH BUDGET RESOLUTION
Section 308(a)(1)(A) of the Congressional Budget and Impoundment Control Act of 1974 (Public Law 93-344), as amended, requires that the report accompanying a bill providing new budget authority contain a statement detailing how the authority compares with the reports submitted under section 602 of the Act for the most recently agreed to concurrent resolution on the budget for the fiscal year. This information follows:
[In millions of dollars]
-----------------------------------------------------------------
602(b) Allocation This Bill
Budget authority Outlays Budget authority Outlays
-----------------------------------------------------------------
Discretionary 19,421 19,652 19,421 19,585
Mandatory
-----------------------------------------------------------------
The bill provides no new spending authority as described in section 401(c)(2) of the Congressional Budget and Impoundment Control Act of 1974 (Public Law 93-344), as amended.
FIVE-YEAR PROJECTIONS
In compliance with section 308(a)(1)(C) of the Congressional Budget Act of 1974 (Public Law 93-344), as amended, the following information was provided to the Committee by the Congressional Budget Office:
| Millions | |
| Budget authority | 19,421 |
| Outlays: | |
| 1997 | 12,752 |
| 1998 | 5,673 |
| 1999 | 821 |
| 2000 | 67 |
| 2001 and beyond | 43 |
FINANCIAL ASSISTANCE TO STATE AND LOCAL GOVERNMENTS
In accordance with section 308(a)(1)(D) of Public Law 93-344, the new budget authority and outlays provided by the accompanying bill for financial assistance to State and local governments are as follows:
| Millions | |
| Budget authority | 163 |
| Fiscal year 1997 outlays resulting therefrom | 7 |
TRANSFER OF FUNDS
Pursuant to clause 1(b), rule X, the following is submitted describing the transfer of funds provided in the accompanying bill:
Under Title II, Bureau of Reclamation, Construction Program:
- * * * of which $23,410,000 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. 602d), and $71,728,000 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 the 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 * * *
Under Title II, Bureau of Reclamation, Special Funds:
* * * Such sums shall be transferred, upon request of the Secretary, to be merged with and expended under the heads herein specified * * *
Under Title III, Department of Energy, Western Area Power Administration:
- * * * of which $203,687,000 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.
Under Title IV, Nuclear Regulatory Commission:
- * * * 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: * * *
Under Title IV, Nuclear Regulatory Commission, Office of Inspector General:
- * * * 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: * * *
CHANGES IN APPLICATION OF EXISTING LAW
Pursuant to clause 3, rule XXI of the House of Representatives, the following statements are submitted describing the effect of provisions in the accompanying bill which may directly or indirectly change or be perceived to change the application of existing law.
Title I--Language is included under Corps of Engineers, General Investigations, providing for detailed studies and plans and specifications of projects prior to construction.
Language is included under Corps of Engineers, Construction, General, permitting the use of funds from the Inland Waterways Trust Fund. Language is also included under Construction, General directing the Secretary of the Army to use funds appropriated in Public Law 104-46 for construction of the Ohio River Flood Protection, Indiana, project.
Under Construction, General, language is included that directs the Secretary of the Army to provide highway and other appropriate signs to direct the public to the bike trail which runs from Des Moines, Iowa, to the Big Creek Recreation Area at Saylorville Lake and the wildlife refuge in Jasper and Marion Counties authorized in Public Law 101-302.
Under Construction, General, language is included directing the Secretary of the Army to begin implementation of the Passaic River Preservation of Natural Storage Areas, New Jersey, project using funds appropriated in Public Law 103-126.
For Operation and Maintenance, General, Corps of Engineers, the following language is included:
- * * * 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; * * *
Also under Operation and Maintenance, Corps of Engineers, language is included providing for construction, operation, and maintenance of outdoor recreation facilities.
The bill includes language under Operation and Maintenance, General, Corps of Engineers, permitting the use of funds from the Harbor Maintenance Trust Fund.
Under Operation and Maintenance, General, language is included that directs the Secretary of the Army to design and construct a landing at Guntersville, Alabama.
Language is included in the bill under the Regulatory Program of the Corps of Engineers regarding the regulation of navigable waters and wetlands of the United States.
Under Flood Control and Coastal Emergencies, language is included that directs the Secretary of the Army to use funds appropriated in the Act and funds appropriated in Public Law 104-134 to rehabilitate non-Federal levees in Pierce County, Washington.
Under General Expenses, language is included relating to the Coastal Engineering Research Board, the Humphreys Engineer Center Support Activity, the Engineering Strategic Studies Center, and the Water Resources Support Center.
Also under General Expenses, Corps of Engineers, language is included prohibiting the use of other Title I funds for the Office of the Chief of Engineers and the Division Offices.
Under General Expenses, the bill includes language permitting the use of funds to implement a plan to reduce the number of division offices.
Under Administrative Provisions, Corps of Engineers, language is included providing that funds are available for purchase and hire of motor vehicles.
Under General Provision, Corps of Engineers--Civil, the bill includes language that directs the Secretary of the Army to advertise for competitive bid at least 10,000,000 cubic yards of the hopper dredge volume accomplished with Government-owned dredges in fiscal year 1992, and that permits the Secretary to utilize the Corps of Engineers' dredge fleet under certain conditions. Language is also included that provides that none of the funds appropriated in the Act may be used for improvements of the dredge McFarland.
Title II--Language is included under Bureau of Reclamation, General Investigations and Construction Program providing that funds may be derived from the Reclamation Fund.
Language is included under Bureau of Reclamation, General Investigations and Construction Program providing that funds contributed by non-Federal entities shall be available for expenditure.
Under General Investigations, language is included providing that $500,000 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 $500,000 shall be available to complete the appraisal study and initiate preconstruction engineering and design for the Fort Bragg, California, Water Supply Project.
Language is included under Bureau of Reclamation, Construction Program providing that such sums as necessary shall be considered as though advanced to the Colorado River Dam Fund for the Boulder Canyon Project.
Language is included under Bureau of Reclamation, Construction Program which permits funds transfers within the overall appropriation to the Upper Colorado River Basin Fund and the Lower Colorado River Basin Development Funds.
Language is also included under Bureau of Reclamation, Construction Program, providing that the costs of safety of dams work at Coolidge Dam, Arizona, are in addition to the amount authorized for safety of dams work in 43 U.S.C. 506.
Language is included which directs the Bureau of Reclamation, using funds appropriated for the Tucson Aqueduct System Reliability Investigation, to complete, by the end of fiscal year 1997, the environmental impact statement being conducted on the proposed surface reservoir and which directs the Bureau of Reclamation to work with the City of Tucson on any outstanding issues related to the preferred alternative.
Language is included under Bureau of Reclamation, Operation and Maintenance making funds available until expended.
For Operation and Maintenance, language is included providing that funds may be derived from the reclamation fund and the special fee account established pursuant to the Act of December 22, 1987.
Clarifying language is included under Bureau of Reclamation, Operation and Maintenance relating to the costs of the examination of existing structures program.
For the Bureau of Reclamation, Operation and Maintenance, funds collected and used pursuant to 43 U.S.C. 395 from water users are made available until expended.
For the Loan Program, language is included regarding the source of appropriated funds.
Language is included under General Administrative Expenses referring to the five Bureau of Reclamation regions.
Language is included under General Administrative Expenses making the funds appropriated available until expended. Language is also included relating to the source of funds for General Administrative Expenses and prohibiting the use of other appropriations for general administrative functions.
Language is included under Special Funds identifying the special funds authorized by law from which funds are made available to the Bureau of Reclamation as authorized.
Under Administrative Provisions, Bureau of Reclamation, language is included providing for purchase of motor vehicles.
Under the Department of the Interior, Central Utah Project Completion Account, language is included in the bill providing that funds are available for carrying out the responsibility of the Secretary of the Interior under the Central Utah Project Completion Act.
Title III--Language is included under the Energy Supply, Research and Development account to restrict the use of $1,440,000l of funds provided for program direction to providing for termination expenses related to the reduction of FTEs in the Office of Energy Efficiency and Renewable Energy.
Language is included under Uranium Supply and Enrichment Activities to permit the use of revenues received by the Department for residual uranium enrichment activities to reduce the appropriations as revenues are received. This language was included in last year's appropriations Act.
Language is included under the Uranium Enrichment Decontamination and Decommissioning Fund making $34,000,000 of the amounts derived from the fund available for thorium and uranium company reimbursements.
Language is included under Nuclear Waste Disposal Fund making appropriations from the Nuclear Waste Fund subject to authorization.
Language is included under Nuclear Waste Disposal Fund providing that none of the funds appropriated under that heading shall be distributed to the State of Nevada or affected units of local government for financial assistance.
Language is included under the Departmental Administration account, notwithstanding 31 U.S.C. 3302, and consistent with the authorization in Public Law 95-238, to permit the Department of Energy to utilize revenues to offset appropriations. The appropriations language for this account reflects the total estimated program funding to be reduced as revenues are received. This language has been carried in previous appropriations Acts.
Language is included under the Departmental Administration account to permit the Department of Energy to cover increases in the cost of work for others provided that increases are offset by increased revenues, and waives 31 U.S.C. 1511 and 3302. This language has been carried in previous appropriations Acts.
Language is included under the Departmental Administration account limiting the number of employees who may be funded in this account.
Language is included under the Bonneville Power Administration account precluding any new direct loan obligations.
Language is included under the Southwestern Power Administration to permit Southwestern to utilize reimbursements from the Department of Defense, various Oklahoma companies, and other non-Federal entities, notwithstanding 31 U.S.C. 3302. This language has been carried in previous appropriations Acts.
Language is included under Construction, Rehabilitation, Operation and Maintenance, Western Area Power Administration providing $5,432,000 for deposit into the Utah Reclamation Mitigation and Conservation Account pursuant to Title IV of the Reclamation Projects Act of 1992.
Language is included under the Federal Energy Regulatory Commission to permit the hire of passenger motor vehicles, to provide for official entertainment expenses and to permit the use of revenues collected to reduce the appropriation as revenues are received.
Language is included under the General Provision, Department of Energy, creating a priority placement and job retraining program for employees who have been, or are about to be, separated from government service as a result of a reduction in force.
Title IV--Language is provided under the Appalachian Regional Development program waiving section 405 of the Appalachian Regional Development Act.
Language is included under Nuclear Regulatory Commission making appropriations to the Nuclear Regulatory Commission from the Nuclear Waste Fund subject to authorization of Nuclear Waste Fund expenditures for Department of Energy program activities.
Language is also included allowing transfer of appropriations to other agencies for certain necessary activities and waiving 31 U.S.C. 3302. This language has been carried in previous appropriations Acts. Language is included to exclude the costs of NRC pre-licensing activities related to the clean up of the Hanford site from license fee revenues. Language is also included to permit the NRC to utilize revenues collected to offset appropriations, notwithstanding 31 U.S.C. 3302.
Language is included under the Office of Inspector General to permit transfer of funds to other agencies for performance of work, and to utilize revenues collected to offset appropriations.
Language is included under Nuclear Waste Technical Review Board making appropriations to the Board from the Nuclear Waste Fund subject to authorization of Nuclear Waste Fund expenditures for Department of Energy program activities.
Title V--Language is included repealing section 508(f) of Public Law 104-46, the Energy and Water Development Appropriations Act, 1996. Section 508(f) provided the Administrator of the Bonneville Power Administration the authority to offer employees voluntary separation incentives not to exceed $25,000 as deemed necessary to reduce employee levels.
Language is included repealing 42 U.S.C. 7262 which provides authority to the Secretary of Energy to accept gifts, bequests, and devises of money.
Language is included repealing a provision included in Public Law 101-514, the Energy and Water Development Appropriations Act, 1991, which provides that in operation of the Shasta Dam, Central Valley Project, California, any increase in power purchase costs incurred by the Western Area Power Administration after January 1, 1986, resulting from bypass releases for temperature control purposes to preserve anadromous fisheries in the Sacramento River shall be reimbursable.
Language is included which provides that none of the funds appropriated or otherwise made available by the Act may be used to determine the final point of discharge for the interceptor drain for the San Luis Unit of the Central Valley Project until certain conditions are met and which 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.'
APPROPRIATIONS NOT AUTHORIZED BY LAW
Pursuant to clause 3 of rule XXI of the House of Representatives, the following table lists the appropriations in the accompanying bill which are not authorized by law:
U.S. Army Corps of Engineers, Construction, General
Department of Energy:
- Energy Supply, Research and Development Activities
- Uranium Supply and Enrichment Activities
- General Science and Research Activities
- Departmental Administration
- Office of Inspector General
- Nuclear Waste Disposal Fund
- Weapons Activities
- Defense Environmental Restoration and Waste Management
- Other Defense Activities
- Defense Nuclear Waste Disposal
- Power Marketing Administrations
Federal Energy Regulatory Commission
Appalachian Regional Commission
Defense Nuclear Facilities Safety Board
Nuclear Regulatory Commission
Office of Inspector General
The Committee notes that the annual authorizing legislation for many of these programs is in various stages of the legislative process. It is anticipated these authorizations will be enacted into law later this year.
COMPLIANCE WITH HOUSE RULE XIII, CLAUSE 3 (RAMSEYER)
In compliance with clause 3 of Rule XIII of the Rules of the House of Representatives, changes in existing law made by the bill, as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets):
The accompanying bill would repeal section 508(f) of Public Law 104-46, the Energy and Water Development Appropriations Act, 1996.
[Struck out->][ (f) PERSONNEL FLEXIBILITY- The Administrator may offer employees voluntary separation incentives as deemed necessary which shall not exceed $25,000. Recipients who accept employment with the United States within five years after separation shall repay the entire amount to the Bonneville Power Administration. ][<-Struck out]
The accompanying bill would repeal 42 U.S.C. 7262.
[Struck out->][ Sec. 7262. Gifts, bequests, and devises ][<-Struck out]
The Secretary is authorized to accept, hold, administer, and utilize gifts, bequests, and devises of property, both real and personal, for the purpose of aiding or facilitating the work of the Department. Gifts, bequests, and devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be disbursed upon the order of the Secretary. Property accepted pursuant to this section, and the proceeds thereof, shall be used as nearly as possible in accordance with the terms of the gift, bequest, or devise. For the purposes of Federal income, estate, and gift taxes, property accepted under this section shall be considered as a gift, bequest, or devise to the United States.
The accompanying bill would amend Public Law 101-514, the Energy and Water Development Appropriations Act, 1991.
- [Struck out->]
[ : Provided, That in the operation of Shasta Dam, Central Valley Project, California, any increase in power purchase costs incurred by the Western Area Power Administration after January 1, 1986, resulting from bypass releases for temperature control purposes to preserve anadromous fisheries in the Sacramento River shall be nonreimbursable. ][<-Struck out]Offset Folios 148 to 153 Insert here
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ADDITIONAL VIEWS OF REPRESENTATIVE NANCY PELOSI
This Committee Report includes a statement under the category entitled `Central Valley Project Restoration Fund,' noting that the Administration's budget request did not include funds for the San Joaquin River Basin Resource Management Initiative and concurring with that request. The Initiative is the line item that has been used for Restoration Fund expenditures on the CVPIA's San Joaquin River Comprehensive Plan.
It is correct that the Administration's budget request included no Restoration Fund money for this study, a regrettable decision by the Secretary of the Interior that suggests that the Secretary has no intention of complying with a statutory requirement. The Administration is under a statutory deadline to complete the Comprehensive Plan this fall and nothing in this or previous appropriations bills has relieved them of that obligation.
The Comprehensive Plan is a common sense study of options that cannot by itself lead to any water reallocation or other action that could pose a threat to anyone. It simply is intended to provide the Secretary with basic research and a series of options that explore the potential for restoring the devastated San Joaquin River. The study is as essential now as ever and I urge the Secretary to employ his numerous other authorities to complete this important Plan as expeditiously as possible, even if this ill-advised cutoff of Restoration Fund monies remains in the bill.
NANCY PELOSI
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