II

Calendar No. 484

103D CONGRESS

2D SESSION H. R. 4506

[Report No. 103–291]

IN THE SENATE OF THE UNITED STATES

JUNE 15 (legislative day, JUNE 7), 1994

Received; read twice and referred to the Committee on Appropriations

JUNE 23 (legislative day, JUNE 7), 1994

Reported by Mr. JOHNSTON, with amendments

[Omit the part struck through and insert the part printed in italic]

AN ACT

Making appropriations for energy and water development

for the fiscal year ending September 30, 1995, and for

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

5 fiscal year ending September 30, 1995, and for other pur6 poses, namely:
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1 TITLE I

2 DEPARTMENT OF DEFENSE—CIVIL

3 DEPARTMENT OF THE ARMY

4 CORPS OF ENGINEERS—CIVIL

5 The following appropriations shall be expended under

6 the direction of the Secretary of the Army and the super7 vision of the Chief of Engineers for authorized civil func8 tions of the Department of the Army pertaining to rivers

9 and harbors, flood control, beach erosion, and related pur10 poses.

11 GENERAL INVESTIGATIONS

12 For expenses necessary for the collection and study

13 of basic information pertaining to river and harbor, flood

14 control, shore protection, and related projects, restudy of

15 authorized projects, miscellaneous investigations, and,

16 when authorized by laws, surveys and detailed studies and

17 plans and specifications of projects prior to construction,

18 $179,062,000 $181,199,000, to remain available until ex19 pended, of which funds are provided for the following

20 projects in the amounts specified:

21 Los Angeles County Water Conservation and

22 Supply, California, $700,000;

23 Norco Bluffs, California, $400,000;

24 Indianapolis, White River, Central Waterfront,

25 Indiana, $4,000,000;

26 Ohio River Greenway, Indiana, $900,000;
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1 Lake George, Hobart, Indiana, $260,000;

2 Little Calumet River Basin (Cady Marsh

3 Ditch), Indiana, $150,000;

4 Kentucky Lock and Dam, Kentucky,

5 $2,000,000;

6 Hazard, Kentucky, $500,000;

7 Mussers Dam, Pennsylvania, $200,000;

8 Hartsville, Trousdale County, Tennessee,

9 $95,000;

10 West Virginia Comprehensive, West Virginia,

11 $350,000; and

12 West Virginia Port Development, West Vir13 ginia, $800,000

14 Red River Navigation Study, Arkansas,

15 $500,000;

16 Indianapolis, White River, Central Waterfront,

17 Indiana, $4,000,000;

18 Little Calumet River Basin (Cady Marsh Ditch),

19 Indiana, $150,000;

20 Kentucky Lock and Dam, Kentucky, $2,000,000;

21 Hazard, Kentucky, $500,000;

22 Hartsville, Trousdale County, Tennessee,

23 $95,000;

24 West Virginia Comprehensive, West Virginia,

25 $350,000; and
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1 West Virginia Port Development, West Virginia,

2 $800,000.

3 CONSTRUCTION, GENERAL

4 For the prosecution of river and harbor, flood control,

5 shore protection, and related projects authorized by laws;

6 and detailed studies, and plans and specifications, of

7 projects (including those for development with participa8 tion or under consideration for participation by States,

9 local governments, or private groups) authorized or made

10 eligible for selection by law (but such studies shall not con11 stitute a commitment of the Government to construction),

12 $1,023,595,000 $977,660,000, to remain available until ex13 pended, of which such sums as are necessary pursuant to

14 Public Law 99–662 shall be derived from the Inland Wa15 terways Trust Fund, for one-half of the costs of construc16 tion and rehabilitation of inland waterways projects, in17 cluding rehabilitation costs for the Lock and Dam 25,

18 Mississippi River, Illinois and Missouri, and GIWW-Braz19 os River Floodgates, Texas, projects, and of which funds

20 are provided for the following projects in the amounts

21 specified:

22 Red River Emergency Bank Protection, Arkan23 sas and Louisiana, $6,000,000;

24 Red River below Denison Dam Levee and Bank

25 Stabilization, Arkansas and Louisiana, $1,500,000;

26 West Sacramento, California, $500,000;
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1 Sacramento River Flood Control Project

2 (Glenn-Colusa Irrigation District), California,

3 $400,000;

4 Sacramento River Flood Control Project (Defi5 ciency Correction), California, $3,700,000;

6 San Timoteo Creek (Santa Ana River

7 Mainstem), California, $5,000,000;

8 Central and Southern Florida, Florida,

9 $11,315,000;

10 Kissimmee River, Florida, $9,000,000;

11 Casino Beach, Illinois, $1,000,000;

12 Des Moines Recreational River and Greenbelt,

13 Iowa, $4,000,000;

14 Harlan (Levisa and Tug Forks of the Big

15 Sandy River and Upper Cumberland River), Ken16 tucky, $20,000,000;

17 Middlesborough (Levisa and Tug Forks of the

18 Big Sandy River and Upper Cumberland River),

19 Kentucky, $1,200,000;

20 Williamsburg (Levisa and Tug Forks of the Big

21 Sandy River and Upper Cumberland River), Ken22 tucky, $3,000,000;

23 Pike County (Levisa and Tug Forks of the Big

24 Sandy River and Upper Cumberland River), Ken25 tucky, $5,000,000;
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1 Lake Pontchartrain and Vicinity (Jefferson

2 Parish), Louisiana, $800,000;

3 Lake Pontchartrain and Vicinity (Hurricane

4 Protection), Louisiana, $12,500,000;

5 Ste. Genevieve, Missouri, $3,000,000;

6 Hackensack Meadowlands Area, New Jersey,

7 $2,500,000;

8 Ramapo River at Oakland, New Jersey,

9 $600,000;

10 Salem River, New Jersey, $1,000,000;

11 Carolina Beach and Vicinity, North Carolina,

12 $2,800,000;

13 Fort Fisher and Vicinity, North Carolina,

14 $900,000;

15 Broad Top Region, Pennsylvania, $1,000,000;

16 Lackawanna River, Olyphant, Pennsylvania,

17 $1,100,000;

18 Lackawanna River, Scranton, Pennsylvania,

19 $1,000,000;

20 South Central Pennsylvania Environmental

21 Restoration Infrastructure and Resource Protection

22 Development Pilot Program, Pennsylvania,

23 $7,000,000;

24 Wallisville, Lake, Texas, $1,000,000;
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1 Richmond Filtration Plant, Virginia,

2 $2,000,000; and

3 Southern West Virginia Environmental Res4 toration Infrastructure and Resource Protection De5 velopment Pilot Program, West Virginia, $1,500,000

6 Red River Emergency Bank Protection, Arkan7 sas and Louisiana, $6,000,000;

8 Red River below Denison Dam Levee and Bank

9 Stabilization, Arkansas and Louisiana, $1,500,000;

10 West Sacramento, California, $500,000;

11 Sacramento River Flood Control Project (Glenn12 Colusa Irrigation District), California, $400,000;

13 Sacramento River Flood Control Project (Defi14 ciency Correction), California, $3,700,000;

15 San Timoteo Creek (Santa Ana River

16 Mainstem), California, $5,000,000;

17 Kissimmee River, Florida, $3,000,000;

18 Savannah Harbor Deepening, Georgia (Reim19 bursement), $11,585,000, of which $2,083,000 is for a

20 cost-shared Savannah River recreation enhancement

21 and public access project along 900 linear feet of

22 shoreline in the City of Savannah;

23 Casino Beach, Illinois, $1,000,000;

24 Des Moines Recreational River and Greenbelt,

25 Iowa, $2,000,000;
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1 Harlan (Levisa and Tug Forks of the Big Sandy

2 River and Upper Cumberland River), Kentucky,

3 $20,000,000;

4 Middlesborough (Levisa and Tug Forks of the

5 Big Sandy River and Upper Cumberland River),

6 Kentucky, $1,200,000;

7 Williamsburg (Levisa and Tug Forks of the Big

8 Sandy River and Upper Cumberland River), Ken9 tucky, $3,000,000;

10 Pike County (Levisa and Tug Forks of the Big

11 Sandy River and Upper Cumberland River), Ken12 tucky, $5,000,000;

13 Lake Pontchartrain and Vicinity (Jefferson Par14 ish), Louisiana, $800,000;

15 Lake Pontchartrain and Vicinity (Hurricane

16 Protection), Louisiana, $12,500,000;

17 Ouachita River Levees, Louisiana, $4,500,000;

18 Ste. Genevieve, Missouri, $3,000,000;

19 Ramapo River at Oakland, New Jersey,

20 $600,000;

21 Broad Top Region, Pennsylvania, $1,000,000;

22 Lackawanna River, Olyphant, Pennsylvania,

23 $1,100,000;

24 Lackawanna River, Scranton, Pennsylvania,

25 $1,000,000;
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1 South Central Pennsylvania Environmental Res2 toration Infrastructure and Resource Protection De3 velopment Pilot Program, Pennsylvania, $2,000,000;

4 Wallisville Lake, Texas, $1,000,000;

5 Richmond Filtration Plant, Virginia,

6 $2,000,000;

7 Southern West Virginia Environmental Restora8 tion Infrastructure and Resource Protection Develop9 ment Pilot Program, West Virginia, $1,500,000;

10 Hatfield Bottom (Levisa and Tug Fork of the

11 Big Sandy River and Upper Cumberland River),

12 West Virginia, $500,000; and

13 Upper Mingo (Levisa and Tug Fork of the Big

14 Sandy River and Upper Cumberland River), West

15 Virginia, $250,000:

16 Provided, That of the offsetting collections credited to this

17 account, $71,000 are permanently canceled.

18 FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES,

19 ARKANSAS, ILLINOIS, KENTUCKY, LOUISIANA, MIS20 SISSIPPI, MISSOURI, AND TENNESSEE

21 For expenses necessary for prosecuting work of flood

22 control, and rescue work, repair, restoration, or mainte23 nance of flood control projects threatened or destroyed by

24 flood, as authorized by law (33 U.S.C. 702a, 702g–1),

25 $334,138,000 $328,138,000, to remain available until ex26 pended, of which $3,000,000 is provided for the Eastern
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1 Arkansas Region, Arkansas, project and of which funds

2 are provided for the following projects in the amounts speci3 fied:

4 Eastern Arkansas Region, Arkansas, $3,000,000;

5 Yazoo Basin, Mississippi, Upper Yazoo Projects,

6 Belzoni Bridge Removal, $640,000; and

7 Tiptonville, Tennessee, Levee Extension, Mis8 sissippi River Levees, $1,000,000.

9 OPERATION AND MAINTENANCE, GENERAL

10 For expenses necessary for the preservation, oper11 ation, maintenance, and care of existing river and harbor,

12 flood control, and related works, including such sums as

13 may be necessary for the maintenance of harbor channels

14 provided by a State, municipality or other public agency,

15 outside of harbor lines, and serving essential needs of gen16 eral commerce and navigation; surveys and charting of

17 northern and northwestern lakes and connecting waters;

18 clearing and straightening channels; and removal of ob19 structions to navigation, $1,646,535,000 $1,631,434,000,

20 to remain available until expended, of which such sums

21 as become available in the Harbor Maintenance Trust

22 Fund, pursuant to Public Law 99–662, may be derived

23 from that fund, and of which $37,000,000 shall be for

24 construction, operation, and maintenance of outdoor recre25 ation facilities, to be derived from the special account es26 tablished by the Land and Water Conservation Act of
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1 1965, as amended (16 U.S.C. 460l), and of which funds

2 are provided for the following projects in the amounts

3 specified:

4 Tucson Diversion Channel, Arizona,

5 $2,500,000;

6 Jeffersonville-Clarksville, Indiana, $750,000;

7 McAlpine Lock and Dam (Ohio River Locks

8 and Dams), Kentucky, $1,000,000; and

9 Raystown Lake, Pennsylvania, $5,330,000

10 Tucson Diversion Channel, Arizona, $2,500,000;

11 and

12 John H. Kerr Reservoir, Virginia and North

13 Carolina (Mosquito Control), $40,000:

14 Provided, That not to exceed $7,000,000 shall be available

15 for obligation for national emergency preparedness pro16 grams: Provided further, That of the offsetting collections

17 credited to this account, $1,000 are permanently canceled:

18 Provided further, That the Secretary of the Army is directed

19 during fiscal year 1995 to maintain a minimum conserva20 tion pool level of 475.5 at Wister Lake in Oklahoma.

21 REGULATORY PROGRAM

22 For expenses necessary for administration of laws

23 pertaining to regulation of navigable waters and wetlands,

24 $101,000,000, to remain available until expended.
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1 FLOOD CONTROL AND COASTAL EMERGENCIES

2 For expenses necessary for emergency flood control,

3 hurricane, and shore protection activities, as authorized

4 by section 5 of the Flood Control Act approved August

5 18, 1941, as amended, $14,979,000, to remain available

6 until expended: Provided, That of the offsetting collections

7 credited to this account, $5,000 are permanently canceled.

8 OIL SPILL RESEARCH

9 For expenses necessary to carry out the purposes of

10 the Oil Spill Liability Trust Fund, pursuant to title VII

11 of the Oil Pollution Act of 1990, $625,000 $900,000, to

12 be derived from the Fund and to remain available until

13 expended.

14 GENERAL EXPENSES

15 For expenses necessary for general administration

16 and related functions in the Office of the Chief of Engi17 neers and offices of the Division Engineers; activities of

18 the Coastal Engineering Research Board, the Humphreys

19 Engineer Center Support Activity, and the Water Re20 sources Support Center, $152,500,000 $156,255,000, to

21 remain available until expended: Provided, That not to ex22 ceed $56,480,000 $59,280,000 of the funds provided in

23 this Act shall be available for general administration and

24 related functions in the Office of the Chief of Engineers:

25 Provided further, That no part of any other appropriation

26 provided in title I of this Act shall be available to fund
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1 the activities of the Office of the Chief of Engineers or

2 the Division Offices Provided further, That no part of any

3 other appropriation provided in title I of this Act shall be

4 available to fund the activities of the Office of the Chief

5 of Engineers or the executive direction and management ac6 tivities of the Division Offices, except that activities con7 ducted under the authority of 33 U.S.C. 702a and 702g–

8 1 will be funded by the Flood Control, Mississippi River

9 and Tributaries account.

10 PERMANENT APPROPRIATIONS

11 Amounts otherwise available for obligation in fiscal

12 year 1995 are reduced by $4,000.

13 RIVERS AND HARBORS CONTRIBUTED FUNDS

14 Amounts otherwise available for obligation in fiscal

15 year 1995 are reduced by $16,000.

16 ADMINISTRATIVE PROVISIONS

17 During the current fiscal year the revolving fund,

18 Corps of Engineers, shall be available for purchase (not

19 to exceed 100 for replacement only) and hire of passenger

20 motor vehicles.

21 GENERAL PROVISION

22 CORPS OF ENGINEERS—CIVIL

23 SEC. 101. In fiscal year 1995, the Secretary shall ad24 vertise for competitive bid at least 7,500,000 cubic yards

25 of the hopper dredge volume accomplished with Govern26 ment-owned dredges in fiscal year 1992.
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1 Notwithstanding the provisions of this section, the Sec2 retary is authorized to use the dredge fleet of the Corps of

3 Engineers to undertake projects when industry does not per4 form as required by the contract specifications or when the

5 bids are more than 25 percent in excess of what the Sec6 retary determines to be a fair and reasonable estimated cost

7 of a well equipped contractor doing the work or to respond

8 to emergency requirements.

9 TITLE II

10 DEPARTMENT OF THE INTERIOR

11 CENTRAL UTAH PROJECT

12 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

13 For the purpose of carrying out provisions of the

14 Central Utah Project Completion Act, Public Law 102–

15 575 (106 Stat. 4605), $38,972,000, to remain available

16 until expended, of which $22,839,000 shall be to carry out

17 the activities authorized under title II of the Act and for

18 feasibility studies of alternatives to the Uintah and Upalco

19 Units, and of which $16,133,000 shall be deposited into

20 the Utah Reclamation Mitigation and Conservation Ac21 count: Provided, That of the amounts deposited into the

22 Account, $5,000,000 shall be considered the Federal Con23 tribution authorized by paragraph 402(b)(2) of the Act

24 and $11,133,000 shall be available to the Utah Reclama-
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1 tion Mitigation and Conservation Commission to carry out

2 the activities authorized under title III of the Act.

3 In addition, for necessary expenses incurred in carry4 ing out responsibilities of the Secretary of the Interior

5 under the Act, $1,191,000, to remain available until ex6 pended.

7 BUREAU OF RECLAMATION

8 For carrying out the functions of the Bureau of Rec9 lamation as provided in the Federal reclamation laws (Act

10 of June 17, 1902, 32 Stat. 388, and Acts amendatory

11 thereof or supplementary thereto) and other Acts applica12 ble to that Bureau as follows:

13 GENERAL INVESTIGATIONS

14 For engineering and economic investigations of pro15 posed Federal reclamation projects and studies of water

16 conservation and development plans and activities prelimi17 nary to the reconstruction, rehabilitation and betterment,

18 financial adjustment, or extension of existing projects, to

19 remain available until expended, $14,190,000 $14,340,000:

20 Provided, That, of the total appropriated, the amount for

21 program activities which can be financed by the reclama22 tion fund shall be derived from that fund: Provided fur23 ther, That funds contributed by non-Federal entities for

24 purposes similar to this appropriation shall be available

25 for expenditure for the purposes for which contributed as
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1 though specifically appropriated for said purposes, and

2 such amounts shall remain available until expended.

3 CONSTRUCTION PROGRAM

4 (INCLUDING TRANSFER OF FUNDS)

5 For construction and rehabilitation of projects and

6 parts thereof (including power transmission facilities for

7 Bureau of Reclamation use) and for other related activi8 ties as authorized by law, to remain available until ex9 pended, $432,727,000 $425,727,000 of which $23,272,000

10 shall be available for transfer to the Upper Colorado River

11 Basin Fund authorized by section 5 of the Act of April

12 11, 1956 (43 U.S.C. 620d), and $153,793,000 shall be

13 available for transfer to the Lower Colorado River Basin

14 Development Fund authorized by section 403 of the Act

15 of September 30, 1968 (43 U.S.C. 1543), and such

16 amounts as may be necessary shall be considered as

17 though advanced to the Colorado River Dam Fund for the

18 Boulder Canyon Project as authorized by the Act of De19 cember 21, 1928, as amended: Provided, That of the total

20 appropriated, the amount for program activities which can

21 be financed by the reclamation fund shall be derived from

22 that fund: Provided further, That transfers to the Upper

23 Colorado River Basin Fund and Lower Colorado River

24 Basin Development Fund may be increased or decreased

25 by transfers within the overall appropriation under this

26 heading: Provided further, That funds contributed by non-
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1 Federal entities for purposes similar to this appropriation

2 shall be available for expenditure for the purposes for

3 which contributed as though specifically appropriated for

4 said purposes, and such funds shall remain available until

5 expended: Provided further, That no part of the funds

6 herein approved shall be available for construction or oper7 ation of facilities to prevent waters of Lake Powell from

8 entering any national monument: Provided further, That

9 all costs of the safety of dams modification work at Coo10 lidge Dam, San Carlos Irrigation Project, Arizona, per11 formed under the authority of the Reclamation Safety of

12 Dams Act of 1978 (43 U.S.C. 506), as amended, are in

13 addition to the amount authorized in section 5 of said Act.

14 OPERATION AND MAINTENANCE

15 For operation and maintenance of reclamation

16 projects or parts thereof and other facilities, as authorized

17 by law; and for a soil and moisture conservation program

18 on lands under the jurisdiction of the Bureau of Reclama19 tion, pursuant to law, to remain available until expended,

20 $286,521,000 $282,165,000: Provided, That of the total

21 appropriated, the amount for program activities which can

22 be financed by the reclamation fund shall be derived from

23 that fund, and the amount for program activities which

24 can be derived from the special fee account established

25 pursuant to the Act of December 22, 1987 (16 U.S.C.

26 460l–6a, as amended), may be derived from that fund:
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1 Provided further, That of the total appropriated, such

2 amounts as may be required for replacement work on the

3 Boulder Canyon Project which would require readvances

4 to the Colorado River Dam Fund shall be readvanced to

5 the Colorado River Dam Fund pursuant to section 5 of

6 the Boulder Canyon Project Adjustment Act of July 19,

7 1940 (43 U.S.C. 618d), and such readvances since Octo8 ber 1, 1984, and in the future shall bear interest at the

9 rate determined pursuant to section 104(a)(5) of Public

10 Law 98–381: Provided further, That funds advanced by

11 water users for operation and maintenance of reclamation

12 projects or parts thereof shall be deposited to the credit

13 of this appropriation and may be expended for the same

14 purpose and in the same manner as sums appropriated

15 herein may be expended, and such advances shall remain

16 available until expended: Provided further, That revenues

17 in the Upper Colorado River Basin Fund shall be available

18 for performing examination of existing structures on par19 ticipating projects of the Colorado River Storage Project.

20 BUREAU OF RECLAMATION LOANS PROGRAM ACCOUNT

21 For the cost of direct loans and/or grants,

22 $9,000,000 $6,000,000, to remain available until ex23 pended, as authorized by the Small Reclamation Projects

24 Act of August 6, 1956, as amended (43 U.S.C. 422a–

25 422l): Provided, That such costs, including the cost of

26 modifying such loans, shall be as defined in section 502
19

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1 of the Congressional Budget Act of 1974: Provided fur2 ther, That these funds are available to subsidize gross obli3 gations for the principal amount of direct loans not to ex4 ceed $23,000,000 $20,000,000.

5 In addition, for administrative expenses necessary to

6 carry out the program for direct loans and/or grants,

7 $600,000: Provided, That of the total sums appropriated,

8 the amount of program activities which can be financed

9 by the reclamation fund shall be derived from the fund.

10 CENTRAL VALLEY PROJECT RESTORATION FUND

11 For carrying out the programs, projects, plans, and

12 habitat restoration, improvement, and acquisition provi13 sions of the Central Valley Project Improvement Act, to

14 remain available until expended, such sums as may be as15 sessed and collected in the Central Valley Project Restora16 tion Fund pursuant to sections 3407(d), 3404(c)(3),

17 3405(f) and 3406(c)(1) of Public Law 102–575: Provided,

18 That the Bureau of Reclamation is directed to levy addi19 tional mitigation and restoration payments totaling

20 $37,232,000 (October 1992 price levels), as authorized by

21 section 3407(d) of Public Law 102–575.

22 GENERAL ADMINISTRATIVE EXPENSES

23 For necessary expenses of general administration and

24 related functions in the office of the Commissioner, the

25 Denver office, and offices in the five regions of the Bureau

26 of Reclamation, $54,034,000, of which $1,400,000 shall
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1 remain available until expended, the total amount to be

2 derived from the reclamation fund and to be

3 nonreimbursable pursuant to the Act of April 19, 1945

4 (43 U.S.C. 377): Provided, That no part of any other ap5 propriation in this Act shall be available for activities or

6 functions budgeted for the current fiscal year as general

7 administrative expenses.

8 EMERGENCY FUND

9 For an additional amount for the ‘‘Emergency fund’’,

10 as authorized by the Act of June 26, 1948 (43 U.S.C.

11 502), as amended, to remain available until expended for

12 the purposes specified in said Act, $1,000,000, to be de13 rived from the reclamation fund.

14 SPECIAL FUNDS

15 (TRANSFER OF FUNDS)

16 Sums herein referred to as being derived from the

17 reclamation fund or special fee account are appropriated

18 from the special funds in the Treasury created by the Act

19 of June 17, 1902 (43 U.S.C. 391) or the Act of December

20 22, 1987 (16 U.S.C. 460l–6a, as amended), respectively.

21 Such sums shall be transferred, upon request of the Sec22 retary, to be merged with and expended under the heads

23 herein specified; and the unexpended balances of sums

24 transferred for expenditure under the head ‘‘General Ad25 ministrative Expenses’’ shall revert and be credited to the

26 reclamation fund.
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1 WORKING CAPITAL FUND

2 Of the offsetting collections credited to this account,

3 $863,000 are permanently canceled due to reduced GSA

4 rental charges and $1,848,000 are permanently canceled

5 due to efficiencies in the procurement process.

6 ADMINISTRATIVE PROVISIONS

7 Appropriations for the Bureau of Reclamation shall

8 be available for purchase of not to exceed 9 passenger

9 motor vehicles for replacement only.

10 TITLE III

11 DEPARTMENT OF ENERGY

12 ENERGY SUPPLY, RESEARCH AND DEVELOPMENT

13 ACTIVITIES

14 For expenses of the Department of Energy activities

15 including the purchase, construction and acquisition of

16 plant and capital equipment and other expenses incidental

17 thereto necessary for energy supply, research and develop18 ment activities, and other activities in carrying out the

19 purposes of the Department of Energy Organization Act

20 (42 U.S.C. 7101, et seq.), including the acquisition or con21 demnation of any real property or any facility or for plant

22 or facility acquisition, construction, or expansion; pur23 chase of passenger motor vehicles (not to exceed 25, of

24 which 19 are for replacement only), $3,302,170,000

25 $3,329,728,000, to remain available until expended: Pro26 vided, That the Secretary of Energy may transfer available
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1 amounts appropriated for use by the Department of Energy

2 under title III of previously enacted Energy and Water De3 velopment Appropriations Acts into the Isotope Production

4 and Distribution Program Fund, in order to continue iso5 tope production and distribution activities: Provided fur6 ther, That the authority to use these amounts appropriated

7 is effective from the date of enactment of this Act.

8 URANIUM SUPPLY AND ENRICHMENT ACTIVITIES

9 For expenses of the Department of Energy in connec10 tion with operating expenses; the purchase, construction,

11 and acquisition of plant and capital equipment and other

12 expenses incidental thereto necessary for residual uranium

13 supply and enrichment activities in carrying out the pur14 poses of the Department of Energy Organization Act (42

15 U.S.C. 7101, et seq.) and the Energy Policy Act (Public

16 Law 102–486, section 901), including the acquisition or

17 condemnation of any real property or any facility or for

18 plant or facility acquisition, construction, or expansion;

19 purchase of electricity as necessary; purchase of passenger

20 motor vehicles (not to exceed 11 for replacement only),

21 $73,210,000, to remain available until expended: Pro22 vided, That revenues received by the Department for resid23 ual uranium enrichment activities and estimated to total

24 $9,900,000 in fiscal year 1995, shall be retained and used

25 for the specific purpose of offsetting costs incurred by the
23

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1 Department for such activities notwithstanding the provi2 sions of section 3302(b) of title 31, United States Code:

3 Provided further, That the sum herein appropriated shall

4 be reduced as revenues are received during fiscal year

5 1995 so as to result in a final fiscal year 1995 appropria6 tion estimated at not more than $63,310,000.

7 URANIUM ENRICHMENT DECONTAMINATION AND

8 DECOMMISSIONING FUND

9 For necessary expenses in carrying out uranium en10 richment facility decontamination and decommissioning,

11 remedial actions and other activities of title II of the

12 Atomic Energy Act of 1954 and title X, subtitle A of the

13 Energy Policy Act of 1992, $301,327,000 to be derived

14 from the fund, to remain available until expended: Pro15 vided, That at least $41,700,000 of amounts derived from

16 the fund for such expenses shall be expended in accordance

17 with title X, subtitle A of the Energy Policy Act of 1992.

18 GENERAL SCIENCE AND RESEARCH ACTIVITIES

19 For expenses of the Department of Energy activities

20 including the purchase, construction and acquisition of

21 plant and capital equipment and other expenses incidental

22 thereto necessary for general science and research activi23 ties in carrying out the purposes of the Department of

24 Energy Organization Act (42 U.S.C. 7101, et seq.), in25 cluding the acquisition or condemnation of any real prop-
24

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1 erty or facility or for plant or facility acquisition, construc2 tion, or expansion; purchase of passenger motor vehicles

3 (not to exceed 12 for replacement only), $989,031,000

4 $973,632,000, to remain available until expended: Pro5 vided, That none of the funds made available under this

6 section for Department of Energy facilities may be obli7 gated or expended for food, beverages, receptions, parties,

8 country club fees, plants or flowers pursuant to any cost9 reimbursable contract: Provided further, That of the

10 amounts previously appropriated to orderly terminate the

11 Superconducting Super Collider (SSC) project in the En12 ergy and Water Development Appropriations Act, 1994,

13 amounts not to exceed $65,000,000 shall be available as a

14 one-time contribution to the completion, with modification,

15 of partially completed facilities at the project site if the Sec16 retary determines such one-time contribution (i) will assist

17 the maximization of the value of the investment made in

18 the facilities and (ii) is in furtherance of a settlement of

19 the claims that the State of Texas has asserted against the

20 United States in connection with the termination of the

21 SSC project: Provided further, That no such amounts shall

22 be made available as a contribution to operating expenses

23 of such facilities.
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1 NUCLEAR WASTE DISPOSAL FUND

2 For the nuclear waste disposal activities to carry out

3 the purposes of Public Law 97–425, as amended, includ4 ing the acquisition of real property or facility construction

5 or expansion, $304,800,000 $402,800,000, to remain avail6 able until expended, to be derived from the Nuclear Waste

7 Fund. To the extent that balances in the fund are not

8 sufficient to cover amounts available for obligation in the

9 account, the Secretary shall exercise her authority pursu10 ant to section 302(e)(5) of said Act to issue obligations

11 to the Secretary of the Treasury: Provided, That of the

12 amount herein appropriated, within available funds, not

13 to exceed $6,000,000 $5,500,000 may be provided to the

14 State of Nevada, for the sole purpose of conduct of its

15 scientific oversight responsibilities pursuant to the Nu16 clear Waste Policy Act of 1982, Public Law 97–425, as

17 amended: Provided further, That of the amount herein ap18 propriated, not more than $8,500,000 $7,000,000 may be

19 provided to affected local governments, as defined in the

20 Act, to conduct appropriate activities pursuant to the Act:

21 Provided further, That the distribution of the funds herein

22 provided among the affected units of local government shall

23 be determined by the Department of Energy and made

24 available to the State and affected units of local government

25 by direct payment: Provided further, That within ninety
26

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1 days of the completion of each Federal fiscal year, each

2 State or local entity shall provide certification to the De3 partment of Energy, that all funds expended from such

4 payments have been expended for activities as defined in

5 Public Law 97–425, as amended. Failure to provide such

6 certification shall cause such entity to be prohibited from

7 any further funding provided for similar activities: Pro8 vided further, That none of the funds herein appropriated

9 may be used directly or indirectly to influence legislative

10 action on any matter pending before Congress or a State

11 legislature or for any lobbying activity as provided in sec12 tion 1913 of title 18, United States Code: Provided fur13 ther, That none of the funds herein appropriated may be

14 used for litigation expenses: Provided further, That none

15 of the funds herein appropriated may be used to support

16 multistate efforts or other coalition building activities in17 consistent with the restrictions contained in this Act.

18 ISOTOPE PRODUCTION AND DISTRIBUTION PROGRAM

19 FUND

20 For Department of Energy expenses for isotope pro21 duction and distribution activities, $11,600,000, to remain

22 available until expended.
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1 ATOMIC ENERGY DEFENSE ACTIVITIES

2 WEAPONS ACTIVITIES

3 For Department of Energy expenses, including the

4 purchase, construction and acquisition of plant and capital

5 equipment and other incidental expenses necessary for

6 atomic energy defense weapons activities in carrying out

7 the purposes of the Department of Energy Organization

8 Act (42 U.S.C. 7101, et seq.), including the acquisition

9 or condemnation of any real property or any facility or

10 for plant or facility acquisition, construction, or expansion;

11 and the purchase of passenger motor vehicles (not to ex12 ceed 104, of which 103 are for replacement only, including

13 22 police-type vehicles), $3,201,369,000 to remain avail14 able until expended, of which $20,765,000 shall be avail15 able only for program activities at the University of Roch16 ester, Rochester, New York; and $8,750,000 shall be

17 available only for program activities at the Naval Research

18 Laboratory, Washington, District of Columbia

19 $3,251,268,000, to remain available until expended.

20 DEFENSE ENVIRONMENTAL RESTORATION AND WASTE

21 MANAGEMENT

22 For Department of Energy expenses, including the

23 purchase, construction and acquisition of plant and capital

24 equipment and other incidental expenses necessary for

25 atomic energy defense environmental restoration and
28

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1 waste management activities in carrying out the purposes

2 of the Department of Energy Organization Act (42 U.S.C.

3 7101, et seq.), including the acquisition or condemnation

4 of any real property or any facility or for plant or facility

5 acquisition, construction, or expansion; and the purchase

6 of passenger motor vehicles (not to exceed 87 of which

7 67 are for replacement only including 6 police-type vehi8 cles), $5,128,211,000 $5,083,691,000, to remain available

9 until expended:–Provided, That funds previously made

10 available under this head in the Energy and Water Devel11 opment Appropriations Act, 1992, to assist the State of

12 New Mexico and affected local governments in mitigating

13 the impacts of the Waste Isolation Pilot Plant are avail14 able for any authorized purposes under this head.

15 MATERIALS SUPPORT AND OTHER DEFENSE PROGRAMS

16 For Department of Energy expenses, including the

17 purchase, construction and acquisition of plant and capital

18 equipment and other incidental expenses necessary for

19 atomic energy defense materials support, and other de20 fense activities in carrying out the purposes of the Depart21 ment of Energy Organization Act (42 U.S.C. 7101, et

22 seq.), including the acquisition or condemnation of any

23 real property or any facility or for plant or facility acquisi24 tion, construction, or expansion, $1,842,204,000

25 $1,865,910,000, to remain available until expended.
29

HR 4506 RS

1 DEFENSE NUCLEAR WASTE DISPOSAL

2 For nuclear waste disposal activities to carry out the

3 purposes of Public Law 97–425, as amended, including

4 the acquisition of real property or facility construction or

5 expansion, $129,430,000, to remain available until ex6 pended, all of which shall be used in accordance with the

7 terms and conditions of the Nuclear Waste Fund appro8 priation of the Department of Energy contained in this

9 title.

10 DEPARTMENTAL ADMINISTRATION

11 For salaries and expenses of the Department of En12 ergy necessary for Departmental Administration and other

13 activities in carrying out the purposes of the Department

14 of Energy Organization Act (42 U.S.C. 7101, et seq.), in15 cluding the hire of passenger motor vehicles and official

16 reception and representation expenses (not to exceed

17 $35,000), $407,312,000, to remain available until ex18 pended, plus such additional amounts as necessary to

19 cover increases in the estimated amount of cost of work

20 for others notwithstanding the provisions of the Anti-Defi21 ciency Act (31 U.S.C. 1511, et seq.): Provided, That such

22 increases in cost of work are offset by revenue increases

23 of the same or greater amount, to remain available until

24 expended: Provided further, That moneys received by the

25 Department for miscellaneous revenues estimated to total
30

HR 4506 RS

1 $161,490,000 in fiscal year 1995 may be retained and

2 used for operating expenses within this account, and may

3 remain available until expended, as authorized by section

4 201 of Public Law 95–238, notwithstanding the provisions

5 of section 3302 of title 31, United States Code: Provided

6 further, That the sum herein appropriated shall be reduced

7 by the amount of miscellaneous revenues received during

8 fiscal year 1995 so as to result in a final fiscal year 1995

9 appropriation estimated at not more than $245,822,000.

10 OFFICE OF THE INSPECTOR GENERAL

11 For necessary expenses of the Office of the Inspector

12 General in carrying out the provisions of the Inspector

13 General Act of 1978, as amended, $26,465,000, to remain

14 available until expended.

15 POWER MARKETING ADMINISTRATIONS

16 OPERATION AND MAINTENANCE, ALASKA POWER

17 ADMINISTRATION

18 For necessary expenses of operation and maintenance

19 of projects in Alaska and of marketing electric power and

20 energy, $6,494,000, to remain available until expended.

21 BONNEVILLE POWER ADMINISTRATION FUND

22 Expenditures from the Bonneville Power Administra23 tion Fund, established pursuant to Public Law 93–454,

24 are approved for the purchase, operation and maintenance

25 of two rotary-wing aircraft for replacement only, and for
31

HR 4506 RS

1 official reception and representation expenses in an

2 amount not to exceed $3,000.

3 During fiscal year 1995, no new direct loan obliga4 tions may be made.

5 Amounts otherwise available for obligation in fiscal

6 year 1995 are reduced by $485,000.

7 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

8 ADMINISTRATION

9 For necessary expenses of operation and maintenance

10 of power transmission facilities and of marketing electric

11 power and energy pursuant to the provisions of section

12 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as

13 applied to the southeastern power area, $22,431,000, to

14 remain available until expended.

15 OPERATION AND MAINTENANCE, SOUTHWESTERN

16 POWER ADMINISTRATION

17 For necessary expenses of operation and maintenance

18 of power transmission facilities and of marketing electric

19 power and energy, and for construction and acquisition of

20 transmission lines, substations and appurtenant facilities,

21 and for administrative expenses, including official recep22 tion and representation expenses in an amount not to ex23 ceed $1,500 connected therewith, in carrying out the pro24 visions of section 5 of the Flood Control Act of 1944 (16

25 U.S.C. 825s), as applied to the southwestern power area,
32

HR 4506 RS

1 $21,316,000, to remain available until expended; in addi2 tion, notwithstanding the provisions of 31 U.S.C. 3302,

3 not to exceed $3,935,000 in reimbursements, to remain

4 available until expended.

5 CONSTRUCTION, REHABILITATION, OPERATION AND

6 MAINTENANCE, WESTERN AREA POWER ADMINIS7 TRATION

8 (INCLUDING TRANSFER OF FUNDS)

9 For carrying out the functions authorized by title III,

10 section 302(a)(1)(E) of the Act of August 4, 1977 (42

11 U.S.C. 7101, et seq.), and other related activities includ12 ing conservation and renewable resources programs as au13 thorized, including official reception and representation

14 expenses in an amount not to exceed $1,500,

15 $224,085,000 $222,285,000, to remain available until ex16 pended, of which $202,512,000 shall be derived from the

17 Department of the Interior Reclamation Fund: Provided,

18 That of the amount herein appropriated, within available

19 funds, $5,135,000 is for deposit into the Utah Reclama20 tion Mitigation and Conservation Account pursuant to

21 title IV of the Reclamation Projects Authorization and Ad22 justment Act of 1992: Provided further, That the Sec23 retary of the Treasury is authorized to transfer from the

24 Colorado River Dam Fund to the Western Area Power Ad25 ministration $7,472,000, to carry out the power market-
33

HR 4506 RS

1 ing and transmission activities of the Boulder Canyon

2 project as provided in section 104(a)(4) of the Hoover

3 Power Plant Act of 1984, to remain available until ex4 pended.

5 FEDERAL ENERGY REGULATORY COMMISSION

6 SALARIES AND EXPENSES

7 For necessary expenses of the Federal Energy Regu8 latory Commission to carry out the provisions of the De9 partment of Energy Organization Act (42 U.S.C. 7101,

10 et seq.), including services as authorized by 5 U.S.C.

11 3109, including the hire of passenger motor vehicles; offi12 cial reception and representation expenses (not to exceed

13 $3,000); $166,173,000, to remain available until ex14 pended: Provided, That notwithstanding any other provi15 sion of law, not to exceed $166,173,000 of revenues from

16 fees and annual charges, and other services and collections

17 in fiscal year 1995, shall be retained and used for nec18 essary expenses in this account, and shall remain available

19 until expended: Provided further, That the sum herein ap20 propriated shall be reduced as revenues are received dur21 ing fiscal year 1995, so as to result in a final fiscal year

22 1995 appropriation estimated at not more than $0.
34

HR 4506 RS

1 TITLE IV

2 INDEPENDENT AGENCIES

3 APPALACHIAN REGIONAL COMMISSION

4 For expenses necessary to carry out the programs au5 thorized by the Appalachian Regional Development Act of

6 1965, as amended, notwithstanding section 405 of said

7 Act, and for necessary expenses for the Federal Co-Chair8 man and the alternate on the Appalachian Regional Com9 mission and for payment of the Federal share of the ad10 ministrative expenses of the Commission, including serv11 ices as authorized by section 3109 of title 5, United States

12 Code, and hire of passenger motor vehicles, to remain

13 available until expended, $187,000,000 $287,000,000.

14 DEFENSE NUCLEAR FACILITIES SAFETY

15 BOARD

16 SALARIES AND EXPENSES

17 For necessary expenses of the Defense Nuclear Fa18 cilities Safety Board in carrying out activities authorized

19 by the Atomic Energy Act of 1954, as amended by Public

20 Law 100–456, section 1441, $17,933,000, to remain

21 available until expended.

22 DELAWARE RIVER BASIN COMMISSION

23 SALARIES AND EXPENSES

24 For expenses necessary to carry out the functions of

25 the United States member of the Delaware River Basin
35

HR 4506 RS

1 Commission, as authorized by law (75 Stat. 716),

2 $343,000.

3 CONTRIBUTION TO DELAWARE RIVER BASIN

4 COMMISSION

5 For payment of the United States share of the cur6 rent expenses of the Delaware River Basin Commission,

7 as authorized by law (75 Stat. 706, 707), $478,000.

8 INTERSTATE COMMISSION ON THE POTOMAC

9 RIVER BASIN

10 CONTRIBUTION TO INTERSTATE COMMISSION ON THE

11 POTOMAC RIVER BASIN

12 To enable the Secretary of the Treasury to pay in

13 advance to the Interstate Commission on the Potomac

14 River Basin the Federal contribution toward the expenses

15 of the Commission during the current fiscal year in the

16 administration of its business in the conservancy district

17 established pursuant to the Act of July 11, 1940 (54 Stat.

18 748), as amended by the Act of September 25, 1970 (Pub19 lic Law 91–407), $511,000.

20 NUCLEAR REGULATORY COMMISSION

21 SALARIES AND EXPENSES

22 (INCLUDING TRANSFER OF FUNDS)

23 For necessary expenses of the Commission in carry24 ing out the purposes of the Energy Reorganization Act

25 of 1974, as amended, and the Atomic Energy Act of 1954,
36

HR 4506 RS

1 as amended, including the employment of aliens; services

2 authorized by section 3109 of title 5, United States Code;

3 publication and dissemination of atomic information; pur4 chase, repair, and cleaning of uniforms, official represen5 tation expenses (not to exceed $20,000); reimbursements

6 to the General Services Administration for security guard

7 services; hire of passenger motor vehicles and aircraft,

8 $540,501,000 $535,501,000, to remain available until ex9 pended, of which $22,000,000 shall be derived from the

10 Nuclear Waste Fund: Provided, That from this appropria11 tion, transfer of sums may be made to other agencies of

12 the Government for the performance of the work for which

13 this appropriation is made, and in such cases the sums

14 so transferred may be merged with the appropriation to

15 which transferred: Provided further, That moneys received

16 by the Commission for the cooperative nuclear safety re17 search program, services rendered to foreign governments

18 and international organizations, and the material and in19 formation access authorization programs, including crimi20 nal history checks under section 149 of the Atomic Energy

21 Act of 1954, as amended, may be retained and used for

22 salaries and expenses associated with those activities, not23 withstanding the provisions of section 3302 of title 31,

24 United States Code, and shall remain available until ex25 pended: Provided further, That revenues from licensing
37

HR 4506 RS

1 fees, inspection services, and other services and collections

2 estimated at $518,501,000 $513,501,000 in fiscal year

3 1995 shall be retained and used for necessary salaries and

4 expenses in this account, notwithstanding the provisions

5 of section 3302 of title 31, United States Code, and shall

6 remain available until expended: Provided further, That

7 the sum herein appropriated shall be reduced by the

8 amount of revenues received during fiscal year 1995 from

9 licensing fees, inspection services and other services and

10 collections, excluding those moneys received for the coop11 erative nuclear safety research program, services rendered

12 to foreign governments and international organizations,

13 and the material and information access authorization

14 programs, so as to result in a final fiscal year 1995 appro15 priation estimated at not more than $22,000,000.

16 OFFICE OF INSPECTOR GENERAL

17 (INCLUDING TRANSFER OF FUNDS)

18 For necessary expenses of the Office of Inspector

19 General in carrying out the provisions of the Inspector

20 General Act of 1978, as amended, including services au21 thorized by section 3109 of title 5, United States Code,

22 $5,080,000, to remain available until expended; and in ad23 dition, an amount not to exceed 5 percent of this sum may

24 be transferred from Salaries and Expenses, Nuclear Regu25 latory Commission: Provided, That notice of such trans-
38

HR 4506 RS

1 fers shall be given to the Committees on Appropriations

2 of the House and Senate: Provided further, That from this

3 appropriation, transfers of sums may be made to other

4 agencies of the Government for the performance of the

5 work for which this appropriation is made, and in such

6 cases the sums so transferred may be merged with the

7 appropriation to which transferred: Provided further, That

8 revenues from licensing fees, inspection services, and other

9 services and collections shall be retained and used for nec10 essary salaries and expenses in this account, notwithstand11 ing the provisions of section 3302 of title 31, United

12 States Code, and shall remain available until expended:

13 Provided further, That the sum herein appropriated shall

14 be reduced by the amount of revenues received during fis15 cal year 1995 from licensing fees, inspection services, and

16 other services and collections, so as to result in a final

17 fiscal year 1995 appropriation estimated at not more than

18 $0.

19 NUCLEAR WASTE TECHNICAL REVIEW BOARD

20 SALARIES AND EXPENSES

21 (INCLUDING TRANSFER OF FUNDS)

22 For necessary expenses of the Nuclear Waste Tech23 nical Review Board, as authorized by Public Law 100–

24 203, section 5051, $2,664,000, to be transferred from the
39

HR 4506 RS

1 Nuclear Waste Fund and to remain available until ex2 pended.

3 OFFICE OF THE NUCLEAR WASTE NEGOTIATOR

4 SALARIES AND EXPENSES

5 For necessary expenses of the office of the Nuclear

6 Waste Negotiator in carrying out activities authorized by

7 the Nuclear Waste Policy Act of 1982, as amended by

8 Public Law 102–486, section 802, $1,000,000 to be de9 rived from the Nuclear Waste Fund and to remain avail10 able until expended.

11 SUSQUEHANNA RIVER BASIN COMMISSION

12 SALARIES AND EXPENSES

13 For expenses necessary to carry out the functions of

14 the United States member of the Susquehanna River

15 Basin Commission as authorized by law (84 Stat. 1541),

16 $318,000.

17 CONTRIBUTION TO SUSQUEHANNA RIVER BASIN

18 COMMISSION

19 For payment of the United States share of the cur20 rent expenses of the Susquehanna River Basin Commis21 sion, as authorized by law (84 Stat. 1530, 1531),

22 $288,000.
40

HR 4506 RS

1 TENNESSEE VALLEY AUTHORITY

2 TENNESSEE VALLEY AUTHORITY FUND

3 For the purpose of carrying out the provisions of the

4 Tennessee Valley Authority Act of 1933, as amended (16

5 U.S.C. ch. 12A), including purchase, hire, maintenance,

6 and operation of aircraft, and purchase and hire of pas7 senger motor vehicles, $136,856,000 $142,873,000, to re8 main available until expended.

9 TITLE V—GENERAL PROVISIONS

10 PURCHASE OF AMERICAN-MADE EQUIPMENT AND

11 PRODUCTS

12 SEC. 501. (a) SENSE OF CONGRESS.—It is the sense

13 of the Congress that, to the greatest extent practicable,

14 all equipment and products purchased with funds made

15 available in this Act should be American-made.

16 (b) NOTICE REQUIREMENT.—In providing financial

17 assistance to, or entering into any contract with, any en18 tity using funds made available in this Act, the head of

19 each Federal agency, to the greatest extent practicable,

20 shall provide to such entity a notice describing the state21 ment made in subsection (a) by the Congress.

22 This Act may be cited as the ‘‘Energy and Water De23 velopment Appropriations Act, 1995’’.

Passed the House of Representatives June 14, 1994.

Attest: DONNALD K. ANDERSON,

Clerk.
41

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Calendar No. 484

103D CONGRESS

2D SESSION H. R. 4506

[Report No. 103–291]

AN ACT

Making appropriations for energy and water devel1995, and for other purposes. opment for the fiscal year ending September 30,

JUNE 15 (legislative day, JUNE 7), 1994

Received; read twice and referred to the Committee on

Appropriations

JUNE 23 (legislative day, JUNE 7), 1994

Reported with amendments