IB

103D CONGRESS

1ST SESSION H. R. 2445

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 30, 1993

Order to be printed with the amendments of the Senate numbered

AN ACT

Making appropriations for energy and water development

for the fiscal year ending September 30, 1994, 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, 1994, for energy and

6 water development, and for other purposes, namely:

7 TITLE I

8 DEPARTMENT OF DEFENSE—CIVIL

9 DEPARTMENT OF THE ARMY

10 CORPS OF ENGINEERS—CIVIL

11 The following appropriations shall be expended under

12 the direction of the Secretary of the Army and the super-
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1 vision of the Chief of Engineers for authorized civil func2 tions of the Department of the Army pertaining to rivers

3 and harbors, flood control, beach erosion, and related

4 purposes.

5 GENERAL INVESTIGATIONS

6 For expenses necessary for the collection and study

7 of basic information pertaining to river and harbor, flood

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

9 authorized projects, miscellaneous investigations, and

10 when authorized by laws, surveys and detailed studies and

11 plans and specifications of projects prior to construction,

12 Ω1æ$207,540,000 $208,544,000, to remain available until

13 expended, of which funds are provided for the following

14 projects in the amounts specified:

15 Ω2æCentral Basin Groundwater Project, Cali16 fornia, $750,000;

17 Los Angeles County Water Conservation, Cali18 fornia, $100,000;

19 Los Angeles River Watercourse Improvement,

20 California, $300,000;

21 Norco Bluffs, California, $150,000;

22 Rancho Palos Verdes, California, $80,000;

23 Biscayne Bay, Florida, $700,000;

24 Tampa Harbor, Alafia River and Big Bend,

25 Florida, $250,000;
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1 Indianapolis, White River, Central Waterfront,

2 Indiana, $4,000,000;

3 Lake George, Hobart, Indiana, $200,000;

4 Little Calumet River Basin (Cady Marsh

5 Ditch), Indiana, $310,000;

6 Ohio River Shoreline Flood Protection, Indiana,

7 $400,000;

8 Hazard, Kentucky, $250,000;

9 Brockton, Massachusetts, $350,000;

10 Passaic River Mainstem, New Jersey,

11 $17,000,000;

12 Broad Top Region, Pennsylvania, $400,000;

13 Juniata River Basin, Pennsylvania, $450,000;

14 Lackawanna River Basin Greenway Corridor,

15 Pennsylvania, $300,000;

16 Pocotaligo River and Swamp, South Carolina,

17 $400,000;

18 Jennings Randolph Lake, West Virginia,

19 $400,000;

20 Monongahela River Comprehensive, West Vir21 ginia, $600,000; and

22 West Virginia Comprehensive, West Virginia,

23 $500,000

24 Central Basin Groundwater Project, California,

25 $750,000;
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1 McCook and Thornton Reservoirs, Illinois,

2 $5,500,000;

3 Indianapolis, White River, Central Waterfront,

4 Indiana, $900,000;

5 Little Calumet River Basin (Cady Marsh Ditch),

6 Indiana, $310,000;

7 Ohio River Shoreline Flood Protection, Indiana,

8 $400,000;

9 Hazard, Kentucky, $250,000;

10 Brockton, Massachusetts, $350,000;

11 Passaic River Mainstem, New Jersey,

12 $10,000,000;

13 Pocotaligo River and Swamp, South Carolina,

14 $400,000;

15 Jennings Randolph Lake, West Virginia,

16 $400,000;

17 Monongahela River Comprehensive, West Vir18 ginia, $600,000; and

19 West Virginia Comprehensive, West Virginia,

20 $500,000:

21 Provided, That notwithstanding ongoing studies using pre22 viously appropriated funds, and using $2,500,000 of the

23 funds appropriated herein, the Secretary of the Army, act24 ing through the Chief of Engineers, is directed to conduct

25 hydraulic modeling, foundations analysis and related de-
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1 sign, and mapping efforts in continuing preconstruction en2 gineering and design for the additional lock at Kentucky

3 Dam, Kentucky project, in accordance with the Kentucky

4 Lock Addition Feasibility Report approved by Report of the

5 Chief of Engineers, dated June 1, 1992: Provided further,

6 That the Secretary of the Army, acting through the Chief

7 of Engineers, is directed to use $250,000 of available funds

8 to complete a detailed project report, and plans and speci9 fications for a permanent shore erosion protection project

10 at Geneva State Park, Ashtabula County, Ohio: Provided

11 further, That the Secretary of the Army, acting through the

12 Chief of Engineers, is directed to use $400,000 appropriated

13 herein to continue preconstruction engineering and design,

14 including preparation of the special design report, initi15 ation of National Environmental Policy Act document

16 preparation, and initiation of hydraulic model studies for

17 the Kaumalapau Harbor navigation study, Lanai, Hawaii:

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

19 to limit the Columbia River Navigation Channel, Oregon

20 and Washington feasibility study to investigation of the fea21 sibility of constructing a navigation channel not to exceed

22 43-feet in depth from the Columbia River entrance to Port

23 of Portland/Port of Vancouver and to modify the Initial

24 Project Management Plan accordingly: Provided further,

25 That the Secretary of the Army, acting through the Chief
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1 of Engineers, is directed to use $400,000 of funds appro2 priated herein to initiate a reconnaissance study, including

3 economic and environmental studies, for the Pocataligo

4 River and Swamp, South Carolina: Provided further, That

5 the Secretary of the Army, acting through the Chief of Engi6 neers, is directed to use $90,000 of funds appropriated here7 in to complete the reconnaissance study of the Black Fox

8 and Oakland Spring wetland area in Murfreesboro, Ten9 nessee: Provided further, That the Secretary of the Army,

10 acting through the Chief of Engineers, is directed to utilize

11 $200,000 of available funds to initiate the planning and

12 design of remedial measures to restore the environmental

13 integrity and recreational boating facilities at Old Hickory

14 Lake, in the vicinity of Drakes Creek Park, in accordance

15 with the reconnaissance study findings dated September,

16 1993: Provided further, That the Secretary of the Army,

17 acting through the Chief of Engineers, is directed to utilize

18 $4,460,000 of available funds to complete preconstruction,

19 engineering and design for the Ste. Genevieve, Missouri

20 flood control project authorized by section 401(a) of the

21 Water Resources Development Act of 1986 (100 stat. 4118)

22 so that the project will be ready for construction by October

23 1, 1994: Provided further, That all plans, specifications and

24 design documents shall be concurrently reviewed in order

25 to expedite the project: Provided further, That the Secretary
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1 of the Army, acting through the Chief of Engineers, is di2 rected to utilize $2,000,000 of funds appropriated herein

3 to engineer and design the Virginia Beach Erosion Control

4 and Hurricane Protection, Virginia project, including

5 storm water collection and discharge, as authorized by sec6 tion 102(cc) of Public Law 102–580.

7 CONSTRUCTION, GENERAL

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

9 shore protection, and related projects authorized by laws;

10 and detailed studies, and plans and specifications, of

11 projects (including those for development with participa12 tion or under consideration for participation by States,

13 local governments, or private groups) authorized or made

14 eligible for selection by law (but such studies shall not con15 stitute a commitment of the Government to construction),

16 Ω3æ$1,389,138,000 $1,296,167,000, to remain available

17 until expended, of which such sums as are necessary pur18 suant to Public Law 99–662 shall be derived from the In19 land Waterways Trust Fund, for one-half of the costs of

20 construction and rehabilitation of inland waterways

21 projects, including rehabilitation costs for the Lock and

22 Dam 25, Mississippi River, Illinois and Missouri, and

23 GIWW-Brazos River Floodgates, Texas, projects, and of

24 which funds are provided for the following projects in the

25 amounts specified:
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1 Ω4æRillito River, Arizona, $4,200,000;

2 Red River Emergency Bank Protection, Arkan3 sas, $3,500,000;

4 Coyote and Berryessa Creeks, California,

5 $4,000,000;

6 Sacramento River Flood Control Project

7 (Glenn-Colusa Irrigation District), California,

8 $400,000;

9 San Timoteo Creek (Santa Ana River

10 Mainstem), California, $12,000,000;

11 Sonoma Baylands Wetland Demonstration

12 Project, California, $4,000,000;

13 Central and Southern Florida, Florida,

14 $17,850,000;

15 Kissimmee River, Florida, $5,000,000;

16 Melaleuca Quarantine Facility, Florida,

17 $1,000,000;

18 Casino Beach, Illinois, $300,000;

19 McCook and Thornton Reservoirs, Illinois,

20 $13,000,000;

21 O’Hare Reservoir, Illinois, $5,000,000;

22 Des Moines Recreational River and Greenbelt,

23 Iowa, $2,700,000;
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1 Barbourville (Levisa and Tug Forks of the Big

2 Sandy River and Upper Cumberland River), Ken3 tucky, $3,868,000;

4 Harlan (Levisa and Tug Forks of the Big

5 Sandy River and Upper Cumberland River), Ken6 tucky, $15,432,000;

7 Pike County (Levisa and Tug Forks of the Big

8 Sandy River and Upper Cumberland River), Ken9 tucky, $5,000,000;

10 Salyersville, Kentucky, $1,000,000;

11 Williamsburg (Levisa and Tug Forks of the Big

12 Sandy River and Upper Cumberland River), Ken13 tucky, $700,000;

14 Lake Pontchartrain and Vicinity (Hurricane

15 Protection), Louisiana, $24,119,000;

16 Lake Pontchartrain and Vicinity (Jefferson

17 Parish), Louisiana, $200,000;

18 Red River Waterway, Mississippi River to

19 Shreveport, Louisiana, $65,000,000;

20 Anacostia River, Maryland and District of Co21 lumbia, $700,000;

22 Clinton River Spillway, Michigan, $2,000,000;

23 Silver Bay Harbor, Minnesota, $2,600,000;

24 Stillwater, Minnesota, $2,400,000;

25 Sowashee Creek, Mississippi, $3,240,000;
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1 Molly Ann’s Brook, New Jersey, $1,000,000;

2 New York Harbor Collection and Removal of

3 Drift, New York and New Jersey, $3,900,000;

4 Rochester Harbor, New York, $4,000,000;

5 Wilmington Harbor Ocean Bar, North Carolina,

6 $5,266,000;

7 West Columbus, Ohio, $5,000,000;

8 Lackawanna River Greenway Corridor, Penn9 sylvania, $2,000,000;

10 South Central Pennsylvania Environmental

11 Restoration Infrastructure and Resource Protection

12 Development Pilot Program, Pennsylvania,

13 $10,000,000;

14 Fort Point, Galveston, Texas, $1,500,000;

15 Lake O’ The Pines-Big Cypress Bayou, Texas,

16 $300,000;

17 Red River Basin Chloride Control, Texas and

18 Oklahoma, $4,000,000;

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

20 Richmond Filtration Plant, Virginia,

21 $1,000,000;

22 Southern West Virginia Environmental Res23 toration Infrastructure and Resource Protection De24 velopment Pilot Program, West Virginia,

25 $3,500,000; and
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1 State Road and Ebner Coulees, LaCrosse and

2 Shelby, Wisconsin, $1,467,000

3 Rillito River, Arizona, $4,200,000;

4 Coyote and Berryessa Creeks, California,

5 $4,000,000;

6 Sacramento River Flood Control Project (Glenn7 Colusa Irrigation District), California, $400,000;

8 San Timoteo Creek (Santa Ana River

9 Mainstem), California, $12,000,000;

10 Sonoma Baylands Wetland Demonstration

11 Project, California, $4,000,000;

12 Central and Southern Florida, Florida,

13 $9,500,000;

14 Kissimmee River, Florida, $5,000,000;

15 Casino Beach, Illinois, $300,000;

16 O’Hare Reservoir, Illinois, $5,000,000;

17 Des Moines Recreational River and Greenbelt,

18 Iowa, $1,700,000;

19 Pike County (Levisa and Tug Forks of the Big

20 Sandy River and Upper Cumberland River), Ken21 tucky, $5,000,000;

22 Salyersville, Kentucky, $1,000,000;

23 Williamsburg (Levisa and Tug Forks of the Big

24 Sandy River and Upper Cumberland River), Ken25 tucky, $700,000;
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1 Lake Pontchartrain and Vicinity (Jefferson Par2 ish), Louisiana, $200,000;

3 Anacostia River, Maryland and District of Co4 lumbia, $700,000;

5 Stillwater, Minnesota, $2,400,000;

6 Sowashee Creek, Mississippi, $3,240,000;

7 Molly Ann’s Brook, New Jersey, $1,000,000;

8 New York Harbor Collection and Removal of

9 Drift, New York and New Jersey, $2,900,000;

10 Lake O’ The Pines-Big Cypress Bayou, Texas,

11 $300,000;

12 Red River Basin Chloride Control, Texas and

13 Oklahoma, $4,000,000;

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

15 Quonset Point-Davisville, Rhode Island (for 2

16 elevated water storage towers and the relocation of

17 sewer lines), $1,875,000; and

18 Southern West Virginia Environmental Restora19 tion Infrastructure and Resource Protection Develop20 ment Pilot Program, West Virginia, $3,500,000:

21 Provided, That the Secretary of the Army, acting through

22 the Chief of Engineers, is directed to use $3,500,000 of

23 available funds to initiate and complete construction of the

24 Finn Revetment portion of the Red River Emergency Bank

25 Protection, Arkansas and Louisiana project: Provided fur-
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1 ther, That the Chief of Engineers is directed to use a fully

2 funded contract for the construction of the Finn Revetment:

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

4 to use $3,500,000 of funds appropriated herein to continue

5 the Red River Levees and Bank Stabilization below Denison

6 Dam, Arkansas project, including completion of studies to

7 improve the stability of the levee system from Index, Arkan8 sas to the Louisiana State line and continuation of reha9 bilitation work underway: Provided further, That the Sec10 retary of the Army, acting through the Chief of Engineers

11 of the Army Corps of Engineers, shall (1) use $2,000,000

12 of funds appropriated herein to carry out engineering de13 sign for the relocation of the comfort and lifeguard stations

14 on the Atlantic coast of New York City, from Rockaway

15 Inlet to Norton Point, as authorized by section 1076 of the

16 Intermodal Surface Transportation Efficiency Act of 1991

17 (Public Law 102–240; 105 Stat. 2015), and (2) not later

18 than 1 year after the date of enactment of this Act, report

19 to Congress on the results of the expenditure of funds re20 quired under paragraph (1): Provided further, That with

21 $2,000,000 appropriated herein, the Secretary of the Army,

22 acting through the Chief of Engineers, is directed to con23 tinue construction of the Bethel, Alaska project authorized

24 by Public Law 99–662, including but not limited to initiat25 ing lands and damages, erosion control construction, and
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1 continued related engineering and construction manage2 ment: Provided further, That no fully funded allocation pol3 icy shall apply to the construction of the Bethel, Alaska

4 project: Provided further, That the Secretary of the Army,

5 acting through the Chief of Engineers, is directed to use

6 $24,119,000 of the funds appropriated herein to continue

7 the Lake Pontchartrain and Vicinity, Louisiana, Hurri8 cane Protection project, including continued construction of

9 parallel protection along Orleans and London Avenue

10 Outfall Canals and the award of continuing contracts for

11 construction of this parallel protection under the same

12 terms and conditions specified for such work under this

13 heading in Public Law 102–377: Provided further, That the

14 Secretary of the Army, acting through the Chief of Engi15 neers, is directed to use $450,000 of funds appropriated

16 herein to complete the repair and restoration to a safe con17 dition of the existing Tulsa and West Tulsa local protection

18 project, Oklahoma, authorized by the Flood Control Act of

19 1941, Public Law 73–228: Provided further, That with

20 $19,300,000 of the funds appropriated herein, to remain

21 available until expended, the Secretary of the Army, acting

22 through the Chief of Engineers, is directed to continue to

23 undertake structural and nonstructural work associated

24 with the Barbourville, Kentucky, and the Harlan, Ken25 tucky, elements of the Levisa and Tug Forks of the Big
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1 Sandy River and Upper Cumberland River project author2 ized by section 202 of Public Law 96–367: Provided further,

3 That with $5,365,000 of the funds appropriated herein, to

4 remain available until expended, the Secretary of the Army,

5 acting through the Chief of Engineers, is directed to con6 tinue to undertake structural and nonstructural work asso7 ciated with Matewan, West Virginia, element of the Levisa

8 and Tug Forks of the Big Sandy and Upper Cumberland

9 River project authorized by section 202 of Public Law 96–

10 367: Provided further, That with $3,500,000 of the funds

11 appropriated herein, to remain available until expended,

12 the Secretary of the Army, acting through the Chief of Engi13 neers, is directed to continue construction of the Hatfield

14 Bottom, West Virginia, element of the Levisa and Tug Forks

15 of the Big Sandy and Upper Cumberland River project au16 thorized by section 202 of Public Law 96–367 using con17 tinuing contracts: Provided further, That no fully allocated

18 funding policy shall apply to construction of the Matewan,

19 West Virginia, Hatfield Bottom, West Virginia,

20 Barbourville, Kentucky, and Harlan, Kentucky, elements of

21 the Levisa and Tug Forks of the Big Sandy and Upper

22 Cumberland river project: Provided further, That the Sec23 retary of the Army, acting through the Chief of Engineers,

24 is directed to initiate and complete construction of offshore

25 breakwaters at Grand Isle, Louisiana, as an integral part
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1 of the repair of features of the Grand Isle and Vicinity,

2 Louisiana, project damaged by Hurricane Andrew using

3 funds previously appropriated for the purpose in the fiscal

4 year 1992 Dire Emergency Supplemental Appropriations

5 Act, Public Law 102–368, which are available for this work:

6 Provided further, That the Secretary of the Army, acting

7 through the Chief of Engineers, is directed to continue con8 struction of the section 14 bank stabilization program at

9 McGregor Park in Clarksville, Tennessee utilizing heretofore

10 appropriated funds until the Federal funds limit of

11 $550,000 is reached or bank protection for the entire park

12 is completed: Provided further, That using $6,300,000 of the

13 funds appropriated herein, the Secretary of the Army, act14 ing through the Chief of Engineers, is directed to continue

15 with the authorized Ouachita River Levees, Louisiana

16 project in an orderly but expeditious manner and within

17 this amount, $3,800,000 shall be used to continue rehabili18 tation or replacement of all deteriorated drainage structures

19 which threaten the security of this critical protection, and

20 $2,500,000 shall be used to repair the river bank at Colum21 bia, Louisiana, which is eroding and placing the project

22 levee protecting the city in imminent danger of failure: Pro23 vided further, That the Secretary of the Army, acting

24 through the Chief of Engineers, is directed to utilize

25 $3,000,000 appropriated herein to provide design and con-
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1 struction assistance for a water transmission line from the

2 northern part of Beaver Lake, Arkansas, into Benton and

3 Washington Counties, Arkansas as authorized by section

4 220 of Public Law 102–580; and in addition, $145,000,000,

5 to remain available until expended, is hereby appropriated

6 for construction of the Red River Waterway, Mississippi

7 River to Shreveport, Louisiana, project, as authorized by

8 laws, and the Secretary is directed to continue the second

9 phase of construction of Locks and Dams 4 and 5; complete

10 construction of Howard Capout, McDade, Elm Grove,

11 Cecile, Curtis, Sunny Point, and Eagle Bend Phase I and

12 Phase II revetments in Pools 4 and 5, and levee modifica13 tions in Pool 5, all of which were previously directed to

14 be initiated; and award continuing contracts in fiscal year

15 1994 for construction of the following features of the Red

16 River Waterway which are not to be considered fully fund17 ed: recreation facilities in Pools 4 and 5, Piermont/Nicholas

18 and Sunny Point Capouts, Lock and Dam 4 Upstream

19 Dikes, Lock and Dam 5 Downstream Additional Control

20 Structure, Wells Island Road Revetment, and construction

21 dredging in Pool 4; all as authorized by laws, and the Sec22 retary is further directed to provide annual reimbursement

23 to the projects local sponsor for the Federal share of man24 agement costs for the Bayou Bodcau Mitigation Area as au-
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1 thorized by Public Law 101–640, the Water Resources De2 velopment Act of 1990.

3 FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES,

4 ARKANSAS, ILLINOIS, KENTUCKY, LOUISIANA, MIS5 SISSIPPI, MISSOURI, AND TENNESSEE

6 For expenses necessary for prosecuting work of flood

7 control, and rescue work, repair, restoration, or mainte8 nance of flood control projects threatened or destroyed by

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

10 Ω5æ$352,475,000 $348,875,000, to remain available until

11 expended, of which $2,400,000 is provided for the Eastern

12 Arkansas Region, Arkansas, project.

13 OPERATION AND MAINTENANCE, GENERAL

14 For expenses necessary for the preservation, oper15 ation, maintenance, and care of existing river and harbor,

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

17 may be necessary for the maintenance of harbor channels

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

19 outside of harbor lines, and serving essential needs of gen20 eral commerce and navigation; surveys and charting of

21 northern and northwestern lakes and connecting waters;

22 clearing and straightening channels; and removal of

23 obstructions to navigation, Ω6æ$1,691,350,000

24 $1,673,704,000, to remain available until expended, of

25 which such sums as become available in the Harbor Main-
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1 tenance Trust Fund, pursuant to Public Law 99–662,

2 may be derived from that fund, and of which $18,000,000

3 shall be for construction, operation, and maintenance of

4 outdoor recreation facilities, to be derived from the special

5 account established by the Land and Water Conservation

6 Act of 1965, as amended (16 U.S.C. 460l), and of which

7 funds are provided for the following projects in the

8 amounts specified:

9 Tucson Diversion Channel, Arizona, $550,000;

10 Ω7æLos Angeles River (Sepulveda Basin to Ar11 royo Seco), California, $400,000;

12 Oceanside Experimental Sand Bypass, Califor13 nia, $4,000,000;

14 Los Angeles County Drainage Area (Hansen

15 Dam), California, $2,790,000; Ω8æand

16 Ω9æFlint River Flood Control, Michigan,

17 $2,500,000;

18 Sauk Lake, Minnesota, $40,000Ω10æ;–and

19 Ω11æNew Madrid County Harbor, Missouri,

20 $250,000:

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

22 for obligation for national emergency preparedness

23 programsΩ12æ: Provided further, That the Secretary of the

24 Army, acting through the Chief of Engineers, is directed

25 to use $5,000,000 of available funds to undertake and com-
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1 plete critical maintenance items for water supply of the

2 Kentucky River Locks and Dams 5–14 and to transfer such

3 facilities to the Commonwealth of Kentucky: Provided fur4 ther, That the Secretary of the Army is directed during fis5 cal year 1994 to maintain a minimum conservation pool

6 level of 475.5 at Wister Lake in Oklahoma: Provided fur7 ther, That the Secretary of the Army, acting through the

8 Chief of Engineers, is directed to use Operation and Main9 tenance funds and complete, in coordination with the sched10 ule for feasibility phase, studies to deepen the Columbia

11 River navigation channel, long-term dredge disposal plans

12 for the existing authorized Columbia River Navigation

13 Channel project, including associated fish and wildlife

14 studies.

15 REGULATORY PROGRAM

16 For expenses necessary for administration of laws

17 pertaining to regulation of navigable waters and wetlands,

18 $92,000,000, to remain available until expended.

19 FLOOD CONTROL AND COASTAL EMERGENCIES

20 For expenses necessary for emergency flood control,

21 hurricane, and shore protection activities, as authorized

22 by section 5 of the Flood Control Act approved August

23 18, 1941, as amended, $20,000,000, to remain available

24 until expended.
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1 OIL SPILL RESEARCH

2 For expenses necessary to carry out the purposes of

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

4 of the Oil Pollution Act of 1990, $350,000, to be derived

5 from the Fund and to remain available until expended.

6 GENERAL EXPENSES

7 For expenses necessary for general administration

8 and related functions in the Office of the Chief of Engi9 neers and offices of the Division Engineers; activities of

10 the Coastal Engineering Research Board, the Humphreys

11 Engineer Center Support Activity, and the Water Re12 sources Support Center, $148,500,000, to remain avail13 able until expendedΩ13æ:–Provided, That not to exceed

14 $54,855,000 of the funds provided in this Act shall be

15 available for general administration and related functions

16 in the Office of the Chief of Engineers: Provided, That

17 not to exceed $58,255,000 of the funds provided in this Act

18 shall be available for general administration and related

19 functions in the Office of the Chief of Engineers, unless the

20 Secretary of the Army determines that additional obliga21 tions are necessary for such purposes and notifies the Com22 mittees on Appropriations of both Houses of Congress of the

23 Secretary’s determination and the reasons therefore: Pro24 vided further, That no part of any other appropriation pro-
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1 vided in title I of this Act shall be available to fund the

2 activities of the Office of the Chief of Engineers.

3 ADMINISTRATIVE PROVISIONS

4 During the current fiscal year the revolving fund,

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

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

7 motor vehicles.

8 GENERAL PROVISIONS

9 CORPS OF ENGINEERS—CIVIL

10 SEC. 101. None of the funds provided in this Act may

11 be used to close any Corps of Engineers District Office.

12 SEC. 102. None of the funds provided in this Act may

13 be used to transfer any functions of any Corps of Engi14 neers District Office.

15 SEC. 103. None of the funds provided in this Act may

16 be used to fund the activities of the Office of the Assistant

17 Secretary of the Army for Civil Works.

18 SEC. 104. Any funds heretofore appropriated and

19 made available in Public Law 100–202 to carry out the

20 provisions for the harbor modifications of the Cleveland

21 Harbor, Ohio, project contained in Public Law 99–662;

22 and in Public Law 102–104 for the development of Gate23 way Park at the Lower Granite Lock and Dam Project,

24 Washington, may be utilized by the Secretary of the Army

25 in carrying out projects and activities funded by this Act.
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1 SEC. 105. None of the funds provided in this Act

2 shall be used to implement Defense Management Review

3 Decision No. 918, dated September 15, 1992, to transfer

4 from the Corps of Engineers property accountability of

5 automated data processing equipment and software ac6 quired with funds from the revolving fund established by

7 the Act of July 27, 1953, chapter 245, 33 U.S.C. 576.

8 Ω14æSEC. 106. In fiscal year 1994, the Secretary shall

9 advertise for competitive bid at least 7,500,000 cubic yards

10 of the hopper dredge volume accomplished with Govern11 ment-owned dredges in fiscal year 1992.

12 Notwithstanding the provisions of this section, the Sec13 retary is authorized to use the dredge fleet of the Corps of

14 Engineers to undertake projects when industry does not per15 form as required by the contract specifications or when the

16 bids are more than 25 percent in excess of what the Sec17 retary determines to be a fair and reasonable estimated cost

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

19 to emergency requirements.

20 Ω15æSEC. 107. Notwithstanding any other provision

21 of law, the Secretary of the Army, acting through the Chief

22 of Engineers, is authorized to reprogram, obligate and ex23 pend such additional sums as necessary to continue con24 struction and cover anticipated contract earnings of any

25 water resources project which received an appropriation or
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1 allowance for construction in or through an appropriations

2 Act or resolution of a current or last preceding fiscal year,

3 in order to prevent the termination of a contract or the

4 delay of scheduled work.

5 Ω16æSEC. 108. PROHIBITION ON REMOVAL.

6 (a) PROHIBITION.—Subject to subsection (b), no funds

7 made available pursuant to this Act may be used to carry

8 out a policy to remove or demolish any residential structure

9 that is subject to an easement or right-of-way in favor of

10 the United States for the containment or impoundment of

11 waters in the Muskingum River Basin, Ohio, until such

12 time as the Committee on Environment and Public Works

13 of the Senate and the Committee on Public Works and

14 Tranportation of the House of Representatives have re15 viewed and approved the policy.

16 (b) AGREEMENT TO HOLD HARMLESS.—

17 (1) IN GENERAL.—The Secretary of the Army

18 shall offer to enter into a written agreement with the

19 owner of each residential structure that is covered by

20 the prohibition referred to in subsection (a). Under

21 the agreement, the owner shall hold the United States

22 harmless for any loss of personal property, real prop23 erty, injury, or death that is the result of any flooding

24 of the structure.
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1 (2) FAILURE TO ENTER INTO AN AGREEMENT.—

2 If an owner fails to enter into an agreement pursuant

3 to paragraph (1), the Secretary of the Army may, in

4 accordance with the applicable easement or right-of5 way, remove or demolish the structure.

6 Ω17æSEC. 109. (1) IN GENERAL.—The Secretary of the

7 Army is authorized to convey to the City of Galveston,

8 Texas, fee simple absolute title to a parcel of land contain9 ing approximately 605 acres known as the San Jacinto

10 Disposal Area located on the east end of Galveston Island,

11 Texas, in the W.A.A. Wallace Survey, A–647 and A–648,

12 City of Galveston, Galveston County, Texas, being part of

13 the old Fort Jacinto site, at the fair market value of such

14 parcel to be determined in accordance with the provisions

15 of paragraph (4). Such conveyance shall be made at the

16 discretion of the Secretary of the Army upon the agreement

17 of all interested parties.

18 (2) COMPENSATION FOR CONVEYANCE.—Upon receipt

19 of compensation from the City of Galveston, the Secretary

20 shall convey the parcel as described in paragraph (1). Such

21 compensation shall include—

22 (A) conveyance to the Department of the Army

23 of fee simple absolute title to a parcel of land contain24 ing approximately 564 acres on Pelican Island,

25 Texas, in the Eneas Smith Survey, A–190, Pelican
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1 Island, City of Galveston, Galveston County, Texas,

2 adjacent to property currently owned by the United

3 States. The fair market value of such parcel will be

4 determined in accordance with the provisions of para5 graph (4); and

6 (B) payment to the United States of an amount

7 equal to the difference in the fair market value of the

8 parcel to be conveyed pursuant to paragraph (1) and

9 the fair market value of the parcel to be conveyed pur10 suant to paragraph (2)(A).

11 (3) DISPOSITION OF SPOIL.—Costs of maintaining the

12 Galveston Harbor and Channel will continue to be governed

13 by the Local Cooperation Agreement between the United

14 States of America and the City of Galveston dated October

15 18, 1973. Upon conveyance of the parcel described in para16 graph (1), the Department of the Army shall be com17 pensated directly for any anticipated costs which may be

18 incurred in site preparation and in the disposition of spoil

19 in excess of the present value of current costs of spoil dis20 position.

21 (4) DETERMINATION OF FAIR MARKET VALUE.—The

22 fair market value of the land to be conveyed pursuant to

23 paragraphs (1) and (2) shall be determined by independent

24 appraisers using the market value method.
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1 (5) NAVIGATIONAL SERVITUDE.—Those portions of a

2 605-acre parcel of land known as the San Jacinto Disposal

3 Area and more fully described in paragraph 1, supra, are

4 declared to be nonnavigable waters of the United States.

5 (6) SURVEYS AND STUDIES.—The 605-acre parcel and

6 the 564-acre parcel shall be surveyed and further legally de7 scribed prior to conveyance. Not later than 60 days follow8 ing enactment of this Act, if he deems it necessary, the Sec9 retary of the Army shall complete a review of the applicabil10 ity of section 404 of the Clean Water Act to the said parcels.

11 TITLE II

12 DEPARTMENT OF THE INTERIOR

13 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

14 For the purpose of carrying out provisions of the

15 Central Utah Project Completion Act, Public Law 102–

16 575 (106 Stat. 4605), Ω18æ$25,770,000 $24,770,000, to

17 remain available until expended, of which

18 Ω19æ$15,920,000 $14,920,000 shall be available to carry

19 out the activities authorized under title II of the Act

20 Ω20æand for feasibility studies of alternatives to the Uintah

21 and Upalco Units, and of which $9,850,000 shall be de22 posited into the Utah Reclamation Mitigation and Con23 servation Account: Provided, That of the amounts depos24 ited into the Account, $5,000,000 shall be considered the

25 Federal Contribution authorized by paragraph 402(b)(2)
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1 of the Act and $4,850,000 shall be available to the Utah

2 Reclamation Mitigation and Conservation Commission to

3 carry out the activities authorized under title III of the

4 ActΩ21æ:–Provided further, That, notwithstanding any

5 other provision of law, of the amounts available for activi6 ties authorized under title II of the Act, not to exceed

7 $500,000 shall be available for necessary expenses in8 curred in carrying out the responsibilities of the Secretary

9 of the Interior under the Act.

10 Ω22æIn addition, for necessary expenses incurred in

11 carrying out responsibilities of the Secretary of the Interior

12 under the Act, $1,000,000, to remain available until

13 expended.

14 BUREAU OF RECLAMATION

15 For carrying out the functions of the Bureau of Rec16 lamation as provided in the Federal reclamation laws (Act

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

18 thereof or supplementary thereto) and other Acts applica19 ble to that Bureau as follows:

20 GENERAL INVESTIGATIONS

21 For engineering and economic investigations of pro22 posed Federal reclamation projects and studies of water

23 conservation and development plans and activities prelimi24 nary to the reconstruction, rehabilitation and betterment,

25 financial adjustment, or extension of existing projects, to

26 remain available until expended, Ω23æ$13,109,000
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1 $14,409,000: Provided, That, of the total appropriated, the

2 amount for program activities which can be financed by

3 the reclamation fund shall be derived from that fund: Pro4 vided further, That funds contributed by non-Federal enti5 ties for purposes similar to this appropriation shall be

6 available for expenditure for the purposes for which con7 tributed as though specifically appropriated for said pur8 poses, and such amounts shall remain available until ex9 pended.

10 CONSTRUCTION PROGRAM

11 (INCLUDING TRANSFER OF FUNDS)

12 For construction and rehabilitation of projects and

13 parts thereof (including power transmission facilities for

14 Bureau of Reclamation use) and for other related activi15 ties as authorized by law, to remain available until ex16 pended, Ω24æ$464,423,000 $460,898,000 of which

17 $46,507,000 shall be available for transfer to the Upper

18 Colorado River Basin Fund authorized by section 5 of the

19 Act of April 11, 1956 (43 U.S.C. 620d), and

20 $160,470,000 shall be available for transfer to the Lower

21 Colorado River Basin Development Fund authorized by

22 section 403 of the Act of September 30, 1968 (43 U.S.C.

23 1543), and such amounts as may be necessary shall be

24 considered as though advanced to the Colorado River Dam

25 Fund for the Boulder Canyon Project as authorized by

26 the Act of December 21, 1928, as amended: Provided,
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1 That of the total appropriated, the amount for program

2 activities which can be financed by the reclamation fund

3 shall be derived from that fund: Provided further, That

4 transfers to the Upper Colorado River Basin Fund and

5 Lower Colorado River Basin Development Fund may be

6 increased or decreased by transfers within the overall ap7 propriation under this heading: Provided further, That

8 funds contributed by non-Federal entities for purposes

9 similar to this appropriation shall be available for expendi10 ture for the purposes for which contributed as though spe11 cifically appropriated for said purposes, and such funds

12 shall remain available until expended: Provided further,

13 That no part of the funds herein approved shall be avail14 able for construction or operation of facilities to prevent

15 waters of Lake Powell from entering any national monu16 ment: Provided further, That all costs of the safety of

17 dams modification work at Coolidge Dam, San Carlos Irri18 gation Project, Arizona, performed under the authority of

19 the Reclamation Safety of Dams Act of 1978 (43 U.S.C.

20 506), as amended, are in addition to the amount author21 ized in section 5 of said Act.

22 OPERATION AND MAINTENANCE

23 For operation and maintenance of reclamation

24 projects or parts thereof and other facilities, as authorized

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

26 on lands under the jurisdiction of the Bureau of Reclama-
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1 tion, pursuant to law, to remain available until expended,

2 $282,898,000: Provided, That of the total appropriated,

3 the amount for program activities which can be financed

4 by the reclamation fund shall be derived from that fund,

5 and the amount for program activities which can be de6 rived from the special fee account established pursuant to

7 the Act of December 22, 1987 (16 U.S.C. 460l–6a, as

8 amended), may be derived from that fund: Provided fur9 ther, That of the total appropriated, such amounts as may

10 be required for replacement work on the Boulder Canyon

11 Project which would require readvances to the Colorado

12 River Dam Fund shall be readvanced to the Colorado

13 River Dam Fund pursuant to section 5 of the Boulder

14 Canyon Project Adjustment Act of July 19, 1940 (43

15 U.S.C. 618d), and such readvances since October 1, 1984,

16 and in the future shall bear interest at the rate determined

17 pursuant to section 104(a)(5) of Public Law 98–381: Pro18 vided further, That funds advanced by water users for op19 eration and maintenance of reclamation projects or parts

20 thereof shall be deposited to the credit of this appropria21 tion and may be expended for the same purpose and in

22 the same manner as sums appropriated herein may be ex23 pended, and such advances shall remain available until ex24 pended: Provided further, That revenues in the Upper Col25 orado River Basin Fund shall be available for performing
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1 examination of existing structures on participating

2 projects of the Colorado River Storage Project.

3 In addition, to remain available until expended, such

4 sums as may be necessary to cover the cost of work associ5 ated with rebuilding the Minidoka Powerplant, Minidoka

6 Project, Idaho, to be offset by funds provided by the Bon7 neville Power Administrator as authorized by section 2406

8 of Public Law 102–486. Such offset will result in a final

9 appropriation estimated at no more than $282,898,000.

10 BUREAU OF RECLAMATION LOANS PROGRAM ACCOUNT

11 For the cost, as defined in section 13201 of the

12 Budget Enforcement Act of 1990, of direct loans and/or

13 grants, Ω25æ$11,563,000 $12,900,000, to remain available

14 until expended, as authorized by the Small Reclamation

15 Projects Act of August 6, 1956, as amended (43 U.S.C.

16 422a–422l): Provided, That such costs, including the cost

17 of modifying such loans, shall be as defined in section 502

18 of the Congressional Budget Act of 1974: Provided fur19 ther, That these funds are available to subsidize gross obli20 gations for the principal amount of direct loans not to ex21 ceed Ω26æ$18,726,000 $21,000,000.

22 In addition, for administrative expenses necessary to

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

24 $600,000: Provided, That of the total sums appropriated,

25 the amount of program activities which can be financed

26 by the reclamation fund shall be derived from the fund.
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1 CENTRAL VALLEY PROJECT RESTORATION FUND

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

3 habitat restoration, improvement, and acquisition provi4 sions of the Central Valley Project Improvement Act, to

5 remain available until expended, such sums as may be as6 sessed and collected in the Central Valley Project Restora7 tion Fund in fiscal year 1993 and such sums as become

8 available in, and may be derived from, the Central Valley

9 Project Restoration Fund in fiscal year 1994, pursuant

10 to sections 3407(d), 3404(c)(3), 3405(f) and 3406(c)(1)

11 of Public Law 102–575: Provided, That the Bureau of

12 Reclamation is directed to levy additional mitigation and

13 restoration payments totaling $30,000,000 (October 1992

14 price levels), as authorized by section 3407(d) of Public

15 Law 102–575: Provided further, That the Bureau of Rec16 lamation is directed to assess and collect payments, reve17 nues and surcharges in the amounts and manner author18 ized by sections 3404(c)(3), 3405(f) and 3406(c)(1) of

19 Public Law 102–575, respectively.

20 GENERAL ADMINISTRATIVE EXPENSES

21 For necessary expenses of general administration and

22 related functions in the office of the Commissioner, the

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

24 of Reclamation, $54,034,000, of which $1,171,000 shall

25 remain available until expended, the total amount to be

26 derived from the reclamation fund and to be
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1 nonreimbursable pursuant to the Act of April 19, 1945

2 (43 U.S.C. 377): Provided, That no part of any other ap3 propriation in this Act shall be available for activities or

4 functions budgeted for the current fiscal year as general

5 administrative expenses.

6 EMERGENCY FUND

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

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

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

10 the purposes specified in said Act, $1,000,000, to be de11 rived from the reclamation fund.

12 SPECIAL FUNDS

13 (TRANSFER OF FUNDS)

14 Sums herein referred to as being derived from the

15 reclamation fund or special fee account are appropriated

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

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

18 22, 1987 (16 U.S.C. 460l–6a, as amended), respectively.

19 Such sums shall be transferred, upon request of the Sec20 retary, to be merged with and expended under the heads

21 herein specified; and the unexpended balances of sums

22 transferred for expenditure under the head ‘‘General Ad23 ministrative Expenses’’ shall revert and be credited to the

24 reclamation fund.
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1 ADMINISTRATIVE PROVISIONS

2 Appropriations for the Bureau of Reclamation shall

3 be available for purchase of not to exceed 13 passenger

4 motor vehicles for replacement only.

5 Ω27æGENERAL PROVISION

6 SEC. 201. (a) Section 7(e) of the Northern Cheyenne

7 Indian Reserved Water Rights Settlement Act of 1992 is

8 amended by adding at the end thereof the following new

9 sentences: ‘‘All costs of environmental compliance and miti10 gation associated with the Compact, including mitigation

11 measures adopted by the Secretary, are the responsibility

12 of the United States. All moneys appropriated pursuant to

13 the authorization under this subsection are in addition to

14 amounts appropriated pursuant to the authorization under

15 section 7(b)(1) of this Act, and shall be immediately avail16 able.’’.

17 (b) Except for authorizations contained in subsections

18 7(b)(1), 7(b)(2) and 7(e), the authorization of appropria19 tions contained in this Act shall not be effective until such

20 time as the Montana water court enters and approves a

21 decree as provided in subsection (d) of this section.

22 (c) The amendments made by this section shall be con23 sidered to have taken effect on September 30, 1992.
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1 TITLE III

2 DEPARTMENT OF ENERGY

3 ENERGY SUPPLY, RESEARCH AND DEVELOPMENT

4 ACTIVITIES

5 For expenses of the Department of Energy activities

6 including the purchase, construction and acquisition of

7 plant and capital equipment and other expenses incidental

8 thereto necessary for energy supply, research and develop9 ment activities, and other activities in carrying out the

10 purposes of the Department of Energy Organization Act

11 (42 U.S.C. 7101, et seq.), including the acquisition or con12 demnation of any real property or any facility or for plant

13 or facility acquisition, construction, or expansion; pur14 chase of passenger motor vehicles (not to exceed 24, of

15 Ω28æwhich 18 are for replacement only), $3,167,634,000

16 to remain available until expended, of which $10,000,000

17 shall be for hydrogen research and development which 18

18 are for replacement only), $3,249,286,000, to remain avail19 able until expended: Provided, That no funds made avail20 able by this Act shall be used for the gas turbine-modular

21 helium reactor (GT-MHR) (formerly known as the high

22 temperature gas reactor)Ω29æ, of which, $4,500,000 shall

23 be derived by transfer from the Geothermal Resources Devel24 opment Fund.
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1 URANIUM SUPPLY AND ENRICHMENT ACTIVITIES

2 Ω30æFor expenses of the uranium program, including

3 payment to the Tennessee Valley Authority under the set4 tlement agreement filed with the United States Claims

5 Court on December 18, 1987, $160,000,000, to remain

6 available until expended.

7 For expenses of the Department of Energy in connec8 tion with operating expenses; the purchase, construction,

9 and acquisition of plant and capital equipment and other

10 expenses incidental thereto necessary for residual uranium

11 supply and enrichment activities in carrying out the pur12 poses of the Department of Energy Organization Act (42

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

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

15 condemnation of any real property or any facility or for

16 plant or facility acquisition, construction, or expansion;

17 purchase of electricity as necessary and payment to the

18 Tennessee Valley Authority under the settlement agreement

19 filed with the United States Claims Court on December 18,

20 1987; purchase of passenger motor vehicles (not to exceed

21 5, of which 5 are for replacement only), $247,092,000, to

22 remain available until expended: Provided, That revenues

23 received by the Department for residual uranium enrich24 ment activities authorized by section 201 of Public Law 95–

25 238, and estimated to total $70,000,000 in fiscal year 1994,
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1 shall be retained and used for the specific purpose of offset2 ting costs incurred by the Department for such activities,

3 notwithstanding section 3302(b) of title 31, United States

4 Code: Provided further, That the sum herein appropriated

5 shall be reduced as revenues are received during fiscal year

6 1994 so as to result in a final fiscal year 1994 appropria7 tion estimated at not more than $177,092,000.

8 URANIUM ENRICHMENT DECONTAMINATION AND

9 DECOMMISSIONING FUND

10 (INCLUDING TRANSFER OF FUNDS)

11 For necessary expenses in carrying out uranium en12 richment facility decontamination and decommissioning,

13 remedial actions and other activities of title II of the

14 Atomic Energy Act of 1954 and title X, Subtitle A of the

15 Energy Policy Act of 1992, $286,320,000 to be derived

16 from the fund, to remain available until expended;

17 Ω31æand in addition, $49,679,000 in unexpended bal18 ances, consisting of $6,267,000 of unobligated balances

19 and $43,412,000 of obligated and in addition, an esti20 mated $49,679,000 in unexpended balances, consisting of

21 an estimated $6,267,000 of unobligated balances and an es22 timated $43,412,000 of obligated balances, are transferred

23 from the Uranium Supply and Enrichment Activities ac24 count, to be available for such expensesΩ32æ: Provided,

25 That at least $40,600,000 of amounts derived from the fund
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1 for such expenses shall be expended in accordance with title

2 X, Subtitle A of the Energy Policy Act of 1992.

3 GENERAL SCIENCE AND RESEARCH ACTIVITIES

4 For expenses of the Department of Energy activities

5 including the purchase, construction and acquisition of

6 plant and capital equipment and other expenses incidental

7 thereto necessary for general science and research activi8 ties in carrying out the purposes of the Department of

9 Energy Organization Act (42 U.S.C. 7101, et seq.), in10 cluding the acquisition or condemnation of any real prop11 erty or facility or for plant or facility acquisition, construc12 tion, or expansion; purchase of passenger motor vehicles

13 (not to exceed 15 for replacement only),

14 Ω33æ$1,194,114,000 $1,615,114,000, to remain available

15 until expended: Provided, Ω34æThat no funds may be obli16 gated for construction of a B-factory until completion, by

17 October 31, 1993, of a technical review of the Cornell and

18 Stanford linear accelerator proposals by the Department

19 of Energy and the National Science Foundation:–Provided

20 further, That none of the funds made available under this

21 section for Department of Energy facilities may be obli22 gated or expended for food, beverages, receptions, parties,

23 country club fees, plants or flowers pursuant to any cost24 reimbursable contractΩ35æ: Provided further, That none of

25 the funds made available under this section for Department
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1 of Energy facilities may be spent 90 days after the begin2 ning of the fiscal year to permit the continued construction

3 of the superconducting super collider unless the Secretary

4 delivers to the Committee an implementation plan for the

5 specific recommendations of the Report of the DOE Review

6 Committee on the Baseline Validation of the

7 Superconducting Super Collider and the Secretary certifies

8 that the management issues raised by General Accounting

9 Office in its report dated February 1993, number GAO/

10 RCED–93–87 have been adequately addressed and will not

11 reoccur.

12 NUCLEAR WASTE DISPOSAL FUND

13 Ω36æFor nuclear waste disposal activities to carry out

14 the purposes of Public Law 97–425, as amended, includ15 ing the acquisition of real property or facility construction

16 or expansion, $260,000,000, to remain available until ex17 pended, to be derived from the Nuclear Waste Fund. To

18 the extent that balances in the fund are not sufficient to

19 cover amounts available for obligation in the account, the

20 Secretary shall exercise her authority pursuant to section

21 302(e)(5) of said Act to issue obligations to the Secretary

22 of the Treasury: Provided, That of the amount herein ap23 propriated, within available funds, not to exceed herein ap24 propriated, within available funds, not to exceed

25 $5,500,000 may be provided to the State of Nevada, for
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1 the sole purpose in the conduct of its oversight responsibil2 ities pursuant to the Nuclear Waste Policy Act of 1982,

3 Public Law 97–425, as amended: Provided further, That

4 of the amount herein appropriated, not more than

5 $7,000,000 may be provided to affected local governments,

6 as defined in the Act, to conduct appropriate activities

7 pursuant to the Act.

8 For the nuclear waste disposal activities to carry out

9 the purposes of Public Law 97–425, as amended, including

10 the acquisition of real property or facility construction or

11 expansion, $260,000,000 to remain available until ex12 pended, to be derived from the Nuclear Waste Fund. To the

13 extent that balances in the fund are not sufficient to cover

14 amounts available for obligation in the account, the Sec15 retary shall exercise her authority pursuant to section

16 302(e)(5) of said Act to issue obligations to the Secretary

17 of the Treasury: Provided, That of the amount herein ap18 propriated, within available funds, not to exceed $5,500,000

19 may be provided to the State of Nevada, for the sole purpose

20 of conduct of its scientific oversight responsibilities pursu21 ant to the Nuclear Waste Policy Act of 1982, Public Law

22 97–425, as amended: Provided further, That of the amount

23 herein appropriated, not more than $7,000,000 may be pro24 vided to affected local governments, as defined in the Act,

25 to conduct appropriate activities pursuant to the Act: Pro-
42

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1 vided further, That within ninety days of the completion

2 of each Federal fiscal year, each State or local entity shall

3 provide certification to the Department of Energy, that all

4 funds expended from such payments have been expended for

5 activities as defined in Public Law 97–425, as amended.

6 Failure to provide such certification shall cause such entity

7 to be prohibited from any further funding provided for

8 similar activities: Provided further, That none of the funds

9 herein appropriated may be used directly or indirectly to

10 influence legislative action on any matter pending before

11 Congress or a State legislature or for any lobbying activity

12 as provided in 18 U.S.C. 1913: Provided further, That none

13 of the funds herein appropriated may be used for litigation

14 expenses: Provided further, That none of the funds herein

15 appropriated may be used to support multistate efforts or

16 other coalition building activities inconsistent with the re17 strictions contained in this Act: Provided further, That

18 none of the funds provided under this Act shall be made

19 available for Phase II–B grants to study the feasibility of

20 siting a Monitored Retrievable Storage Facility unless the

21 Nuclear Waste Negotiator has first certified to the Secretary

22 of Energy that there is a reasonable likelihood that agree23 ment can be reached among all of the relevant governmental

24 officials in the vicinity of any proposed site.
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1 ISOTOPE PRODUCTION AND DISTRIBUTION PROGRAM

2 FUND

3 For Department of Energy expenses for isotope pro4 duction and distribution activities, $3,910,000, to remain

5 available until expended.

6 ATOMIC ENERGY DEFENSE ACTIVITIES

7 WEAPONS ACTIVITIES

8 For Department of Energy expenses, including the

9 purchase, construction and acquisition of plant and capital

10 equipment and other incidental expenses necessary for

11 atomic energy defense weapons activities in carrying out

12 the purposes of the Department of Energy Organization

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

14 or condemnation of any real property or any facility or

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

16 the purchase of passenger motor vehicles (not to exceed

17 109 for replacement only, including one police-type vehi18 cle), and the purchase of one rotary-wing aircraft,

19 Ω37æ$3,572,198,000 $3,597,482,000, to remain available

20 until expended.

21 DEFENSE ENVIRONMENTAL RESTORATION AND WASTE

22 MANAGEMENT

23 For Department of Energy expenses, including the

24 purchase, construction and acquisition of plant and capital

25 equipment and other incidental expenses necessary for

26 atomic energy defense environmental restoration and
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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 125 of which

7 122 are for replacement only including 9 police-type vehi8 cles), Ω38æ$5,185,877,000 $5,106,855,000, to remain

9 available until expendedΩ39æ: Provided, That a total of

10 $8,000,000 shall be transferred from this account to the En11 vironmental Protection Agency for the implementation of

12 the Waste Isolation Pilot Plan Land Withdrawal Act of

13 1992 and the development of cleanup standards to guide

14 the Department of Energy’s environmental restoration ef15 forts.

16 MATERIALS SUPPORT AND OTHER DEFENSE PROGRAMS

17 (INCLUDING TRANSFER OF FUNDS)

18 For Department of Energy expenses, including the

19 purchase, construction and acquisition of plant and capital

20 equipment and other incidental expenses necessary for

21 atomic energy defense materials support, and other de22 fense activities in carrying out the purposes of the Depart23 ment of Energy Organization Act (42 U.S.C. 7101, et

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

25 real property or any facility or for plant or facility acquisi26 tion, construction, or expansion; and the purchase of pas-
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1 senger motor vehicles (not to exceed 45 for replacement

2 only), Ω40æ$2,046,592,000 $1,963,755,000, to remain

3 available until expended: Provided, That the New Produc4 tion Reactor Appropriation Account shall be merged with

5 and the balances made available to this appropriation.

6 DEFENSE NUCLEAR WASTE DISPOSAL

7 For nuclear waste disposal activities to carry out the

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

9 the acquisition of real property or facility construction or

10 expansion, $120,000,000, to remain available until ex11 pended, all of which shall be used in accordance with the

12 terms and conditions of the Nuclear Waste Fund appro13 priation of the Department of Energy contained in this

14 title.

15 DEPARTMENTAL ADMINISTRATION

16 For salaries and expenses of the Department of En17 ergy necessary for Departmental Administration and other

18 activities in carrying out the purposes of the Department

19 of Energy Organization Act (42 U.S.C. 7101, et seq.), in20 cluding the hire of passenger motor vehicles and official

21 reception and representation expenses (not to exceed

22 $35,000), $401,238,000 to remain available until ex23 pended, plus such additional amounts as necessary to

24 cover increases in the estimated amount of cost of work

25 for others notwithstanding the provisions of the Anti-Defi26 ciency Act (31 U.S.C. 1511, et seq.): Provided, That such
46

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1 increases in cost of work are offset by revenue increases

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

3 expended: Provided further, That moneys received by the

4 Department for miscellaneous revenues estimated to total

5 $239,209,000 in fiscal year 1994 may be retained and

6 used for operating expenses within this account, and may

7 remain available until expended, as authorized by section

8 201 of Public Law 95–238, notwithstanding the provisions

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

10 further, That the sum herein appropriated shall be reduced

11 by the amount of miscellaneous revenues received during

12 fiscal year 1994 so as to result in a final fiscal year 1994

13 appropriation estimated at not more than $162,029,000.

14 OFFICE OF THE INSPECTOR GENERAL

15 For necessary expenses of the Office of the Inspector

16 General in carrying out the provisions of the Inspector

17 General Act of 1978, as amended, Ω41æ$31,757,000

18 $30,362,000, to remain available until expended.

19 POWER MARKETING ADMINISTRATIONS

20 OPERATION AND MAINTENANCE, ALASKA POWER

21 ADMINISTRATION

22 For necessary expenses of operation and maintenance

23 of projects in Alaska and of marketing electric power and

24 energy, $4,010,000, to remain available until expended.
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1 BONNEVILLE POWER ADMINISTRATION FUND

2 Expenditures from the Bonneville Power Administra3 tion Fund, established pursuant to Public Law 93–454,

4 are approved for official reception and representation ex5 penses in an amount not to exceed $3,000.

6 During fiscal year 1994, no new direct loan obliga7 tions may be made.

8 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

9 ADMINISTRATION

10 For necessary expenses of operation and maintenance

11 of power transmission facilities and of marketing electric

12 power and energy pursuant to the provisions of section

13 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as

14 applied to the southeastern power area, $29,742,000, to

15 remain available until expended.

16 OPERATION AND MAINTENANCE, SOUTHWESTERN

17 POWER ADMINISTRATION

18 For necessary expenses of operation and maintenance

19 of power transmission facilities and of marketing electric

20 power and energy, and for construction and acquisition of

21 transmission lines, substations and appurtenant facilities,

22 and for administrative expenses, including official recep23 tion and representation expenses in an amount not to ex24 ceed $1,500 connected therewith, in carrying out the pro25 visions of section 5 of the Flood Control Act of 1944 (16
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1 U.S.C. 825s), as applied to the southwestern power area,

2 $33,587,000, to remain available until expended; in addi3 tion, notwithstanding the provisions of 31 U.S.C. 3302,

4 not to exceed $5,583,000 in reimbursements, to remain

5 available until expended.

6 CONSTRUCTION, REHABILITATION, OPERATION AND

7 MAINTENANCE, WESTERN AREA POWER ADMINIS8 TRATION

9 (INCLUDING TRANSFER OF FUNDS)

10 For carrying out the functions authorized by title III,

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

12 U.S.C. 7101, et seq.), and other related activities includ13 ing conservation and renewable resources programs as au14 thorized, including official reception and representation

15 expenses in an amount not to exceed $1,500, the purchase,

16 maintenance, and operation of one fixed-wing aircraft for

17 replacement only, Ω42æ$287,956,000 $272,956,000, to re18 main available until expended, of which

19 Ω43æ$275,400,000 $260,400,000 shall be derived from the

20 Department of the Interior Reclamation fund; in addition,

21 $5,000,000 is appropriated for deposit into the Utah Rec22 lamation Mitigation and Conservation Account pursuant

23 to title IV of the Reclamation Projects Authorization and

24 Adjustment Act of 1992: Provided further, That the Sec25 retary of the Treasury is authorized to transfer from the
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1 Colorado River Dam Fund to the Western Area Power Ad2 ministration $7,168,000, to carry out the power market3 ing and transmission activities of the Boulder Canyon

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

5 Power Plant Act of 1984, to remain available until ex6 pended.

7 FEDERAL ENERGY REGULATORY COMMISSION

8 SALARIES AND EXPENSES

9 For necessary expenses of the Federal Energy Regu10 latory Commission to carry out the provisions of the De11 partment of Energy Organization Act (42 U.S.C. 7101,

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

13 3109, including the hire of passenger motor vehicles; offi14 cial reception and representation expenses (not to exceed

15 $3,000); $165,375,000 to remain available until expended:

16 Provided, That hereafter and notwithstanding any other

17 provision of law, not to exceed $165,375,000 of revenues

18 from fees and annual charges, and other services and col19 lections in fiscal year 1994, shall be retained and used

20 for necessary expenses in this account, and shall remain

21 available until expended: Provided further, That the sum

22 herein appropriated shall be reduced as revenues are re23 ceived during fiscal year 1994, so as to result in a final

24 fiscal year 1994 appropriation estimated at not more than

25 $0.
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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 Cochair8 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, Ω44æ$189,000,000 $249,000,000.

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, Ω45æ$15,060,000

21 $18,060,000, to remain 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
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1 Commission, as authorized by law (75 Stat. 716),

2 $333,000.

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), $488,000.

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

18 Stat. 748), as amended by the Act of September 25, 1970

19 (Public Law 91–407), $498,000.

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,
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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 $542,900,000, to remain available until expended, of

9 which $22,000,000 shall be derived from the Nuclear

10 Waste Fund: Provided, That from this appropriation,

11 transfer of sums may be made to other agencies of the

12 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
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1 fees, inspection services, and other services and collections

2 estimated at $520,900,000 in fiscal year 1994 shall be re3 tained and used for necessary salaries and expenses in this

4 account, notwithstanding the provisions of section 3302

5 of title 31, United States Code, and shall remain available

6 until expended: Provided further, That the sum herein ap7 propriated shall be reduced by the amount of revenues re8 ceived during fiscal year 1994 from licensing fees, inspec9 tion services and other services and collections, excluding

10 those moneys received for the cooperative nuclear safety

11 research program, services rendered to foreign govern12 ments and international organizations, and the material

13 and information access authorization programs, so as to

14 result in a final fiscal year 1994 appropriation estimated

15 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 $4,800,000 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-
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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 1994 from licensing fees, inspection services, and

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

17 fiscal year 1994 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, $2,160,000, to be transferred from the
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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 remain

9 available until expended.

10 SUSQUEHANNA RIVER BASIN COMMISSION

11 SALARIES AND EXPENSES

12 For expenses necessary to carry out the functions of

13 the United States member of the Susquehanna River

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

15 $308,000.

16 CONTRIBUTION TO SUSQUEHANNA RIVER BASIN

17 COMMISSION

18 For payment of the United States share of the cur19 rent expenses of the Susquehanna River Basin Commis20 sion, as authorized by law (84 Stat. 1530, 1531),

21 $298,000.

22 TENNESSEE VALLEY AUTHORITY

23 TENNESSEE VALLEY AUTHORITY FUND

24 For the purpose of carrying out the provisions of the

25 Tennessee Valley Authority Act of 1933, as amended (16
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1 U.S.C. ch. 12A), including purchase, hire, maintenance,

2 and operation of aircraft, and purchase and hire of pas3 senger motor vehicles, Ω46æ$138,973,000 $140,473,000,

4 to remain available until expended.

5 TITLE V—GENERAL PROVISION

6 MINORITY PARTICIPATION IN THE

7 SUPERCONDUCTING SUPER COLLIDER

8 SEC. 501. (a) PROGRAM IMPROVEMENTS.—Section

9 304 of the Energy and Water Development Appropriations

10 Act, 1993 (Public Law 102–377; 106 Stat. 1339) is

11 amended—

12 (1) in subsection (a)—

13 (A) by striking ‘‘owned or controlled’’ and

14 inserting ‘‘that (1) are owned and controlled’’;

15 (B) by inserting after ‘‘Native Americans’’

16 the following: ‘‘; or (2) are small business con17 cerns that are at least 51 percent owned by 1

18 or more women and whose management and

19 daily business operations are controlled by 1 or

20 more women’’; and

21 (C) by striking the last sentence;

22 (2) by inserting ‘‘and (d)’’ after ‘‘(6)’’ each

23 place it appears; and

24 (3) by adding at the end the following new sub25 section:
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1 ‘‘(c) ADMINISTRATION OF PROGRAM.—

2 ‘‘(1) CERTIFICATION REQUIREMENT.—A busi3 ness concern or other organization shall be eligible

4 for participation under this section only if it has

5 been certified as meeting the requirements specified

6 in subsection (a) by the Small Business Administra7 tion, or by a State, local, regional, or other organiza8 tion designated by the Small Business Administra9 tion.

10 ‘‘(2) RECORDS AND REPORTS.—The Secretary

11 of Energy, with respect to the Superconducting

12 Super Collider project, shall—

13 ‘‘(A) submit to the Congress copies of—

14 ‘‘(i) each subcontracting report for in15 dividual contracts (SF294) required under

16 the Federal Acquisition Regulation (48

17 CFR chapter 1) to be submitted by a con18 tractor or subcontractor with respect to the

19 project; and

20 ‘‘(ii) each summary subcontract report

21 (SF295) required under the Federal Ac22 quisition Regulation (48 CFR chapter 1)

23 to be submitted by a contractor or sub24 contractor with respect to the project; and
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1 ‘‘(B) maintain accurate information and

2 data on the amount and type of subcontracts

3 awarded by each contractor or subcontractor

4 under the project and the extent of participa5 tion in the subcontracts by socially and eco6 nomically disadvantaged individuals and eco7 nomically disadvantaged women referred to in

8 subsection (b).

9 ‘‘(3) CATEGORIES OF WORK TO BE IN10 CLUDED.—The Secretary of Energy shall, to the

11 fullest extent possible, ensure that the categories of

12 work performed under contracts entered into pursu13 ant to this section are representative of all cat14 egories of work performed under contract for the

15 Superconducting Super Collider project.

16 ‘‘(4) AUDITS.—The Secretary of Energy shall

17 conduct periodic audits to verify the continuing com18 pliance of prime contractors and subcontractors with

19 the requirements of this section. For such purpose,

20 the Secretary shall have access to such reports and

21 records of prime contractors and subcontractors as

22 the Secretary determines to be necessary.’’.

23 (b) EFFECTIVE DATE.—The amendments made by

24 this section shall apply to fiscal year 1994 and thereafter.
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1 SEC. 502. COMPLIANCE WITH BUY AMERICAN ACT.

2 No funds appropriated pursuant to this Act may be

3 expended by an entity unless the entity agrees that in ex4 pending the assistance the entity will comply with sections

5 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a–

6 10c, popularly known as the ‘‘Buy American Act’’).

7 SEC. 503. SENSE OF CONGRESS; REQUIREMENT REGARD8 ING NOTICE.

9 (a) PURCHASE OF AMERICAN-MADE EQUIPMENT

10 AND PRODUCTS.—In the case of any equipment or prod11 ucts that may be authorized to be purchased with financial

12 assistance provided under this Act, it is the sense of the

13 Congress that entities receiving such assistance should, in

14 expending the assistance, purchase only American-made

15 equipment and products.

16 (b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In

17 providing financial assistance under this Act, the head of

18 each Federal agency shall provide to each recipient of the

19 assistance a notice describing the statement made in sub20 section (a) by the Congress.

21 SEC. 504. PROHIBITION OF CONTRACTS.

22 If it has been finally determined by a court or Federal

23 agency that any person intentionally affixed a label bear24 ing a ‘‘Made in America’’ inscription, or any inscription

25 with the same meaning, to any product sold in or shipped

26 to the United States that is not made in the United
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1 States, such person shall be ineligible to receive any con2 tract or subcontract made with funds provided pursuant

3 to this Act, pursuant to the debarment, suspension, and

4 ineligibility procedures described in section 9.400 through

5 9.409 of title 48, Code of Federal Regulations.

6 Ω47æSEC. 505. BONNEVILLE POWER ADMINISTRA7 TION REPAYMENT PROPOSAL.

8 Utilizing funds made available in this Act, the Sec9 retary of Energy is urged to submit to the Congress by Feb10 ruary 1, 1994, a legislative proposal to satisfy the Bonne11 ville Power Administration’s entire repayment obligation

12 to the United States Treasury for appropriated investment

13 in the Federal Columbia River Power System: Provided,

14 That such a proposal shall result in maximum deficit re15 duction for the Federal Government in fiscal year 1995

16 through fiscal year 1999, and shall not increase Bonneville

17 Power Administration rates beyond those rates which would

18 result under existing debt repayment policy and practices.
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1 This Act may be cited as the ‘‘Energy and Water De2 velopment Appropriations Act, 1994’’.

Passed the House of Representatives June 23, 1993.

Attest: DONNALD K. ANDERSON,

Clerk.

Passed the Senate September 30 (legislative day,

September 27), 1993.

Attest: WALTER J. STEWART,

Secretary.

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