IIA

103D CONGRESS

1ST SESSION H. R. 2445

IN THE SENATE OF THE UNITED STATES

JUNE 29 (legislative day, JUNE 22), 1993

Received; read twice and referred to the Committee on Appropriations

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:
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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

10 purposes.

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 $207,540,000, to remain available until expended, of

19 which funds are provided for the following projects in the

20 amounts specified:

21 Central Basin Groundwater Project, California,

22 $750,000;

23 Los Angeles County Water Conservation, Cali24 fornia, $100,000;
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1 Los Angeles River Watercourse Improvement,

2 California, $300,000;

3 Norco Bluffs, California, $150,000;

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

5 Biscayne Bay, Florida, $700,000;

6 Tampa Harbor, Alafia River and Big Bend,

7 Florida, $250,000;

8 Indianapolis, White River, Central Waterfront,

9 Indiana, $4,000,000;

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

11 Little Calumet River Basin (Cady Marsh

12 Ditch), Indiana, $310,000;

13 Ohio River Shoreline Flood Protection, Indiana,

14 $400,000;

15 Hazard, Kentucky, $250,000;

16 Brockton, Massachusetts, $350,000;

17 Passaic River Mainstem, New Jersey,

18 $17,000,000;

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

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

21 Lackawanna River Basin Greenway Corridor,

22 Pennsylvania, $300,000;

23 Pocotaligo River and Swamp, South Carolina,

24 $400,000;
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1 Jennings Randolph Lake, West Virginia,

2 $400,000;

3 Monongahela River Comprehensive, West Vir4 ginia, $600,000; and

5 West Virginia Comprehensive, West Virginia,

6 $500,000.

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 $1,389,138,000, to remain available until expended, of

17 which such sums as are necessary pursuant to Public Law

18 99–662 shall be derived from the Inland Waterways Trust

19 Fund, for one-half of the costs of construction and reha20 bilitation of inland waterways projects, including rehabili21 tation costs for the Lock and Dam 25, Mississippi River,

22 Illinois and Missouri, and GIWW-Brazos River Flood23 gates, Texas, projects, and of which funds are provided

24 for the following projects in the amounts specified:

25 Rillito River, Arizona, $4,200,000;
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1 Red River Emergency Bank Protection, Arkan2 sas, $3,500,000;

3 Coyote and Berryessa Creeks, California,

4 $4,000,000;

5 Sacramento River Flood Control Project

6 (Glenn-Colusa Irrigation District), California,

7 $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 $17,850,000;

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

15 Melaleuca Quarantine Facility, Florida,

16 $1,000,000;

17 Casino Beach, Illinois, $820,000;

18 McCook and Thornton Reservoirs, Illinois,

19 $13,000,000;

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

21 Des Moines Recreational River and Greenbelt,

22 Iowa, $2,700,000;

23 Barbourville (Levisa and Tug Forks of the Big

24 Sandy River and Upper Cumberland River), Ken25 tucky, $3,868,000;
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1 Harlan (Levisa and Tug Forks of the Big

2 Sandy River and Upper Cumberland River), Ken3 tucky, $15,432,000;

4 Pike County (Levisa and Tug Forks of the Big

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

7 Salyersville, Kentucky, $1,000,000;

8 Williamsburg (Levisa and Tug Forks of the Big

9 Sandy River and Upper Cumberland River), Ken10 tucky, $700,000;

11 Lake Pontchartrain and Vicinity (Hurricane

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

13 Lake Pontchartrain and Vicinity (Jefferson

14 Parish), Louisiana, $200,000;

15 Red River Waterway, Mississippi River to

16 Shreveport, Louisiana, $65,000,000;

17 Anacostia River, Maryland and District of Co18 lumbia, $700,000;

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

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

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

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

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

24 New York Harbor Collection and Removal of

25 Drift, New York and New Jersey, $3,900,000;
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1 Rochester Harbor, New York, $4,000,000;

2 Wilmington Harbor Ocean Bar, North Carolina,

3 $5,266,000;

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

5 Lackawanna River Greenway Corridor, Penn6 sylvania, $2,000,000;

7 South Central Pennsylvania Environmental

8 Restoration Infrastructure and Resource Protection

9 Development Pilot Program, Pennsylvania,

10 $10,000,000;

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

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

13 $300,000;

14 Red River Basin Chloride Control, Texas and

15 Oklahoma, $4,000,000;

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

17 Richmond Filtration Plant, Virginia,

18 $1,000,000;

19 Southern West Virginia Environmental Res20 toration Infrastructure and Resource Protection De21 velopment Pilot Program, West Virginia,

22 $3,500,000; and

23 State Road and Ebner Coulees, LaCrosse and

24 Shelby, Wisconsin, $1,467,000.
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1 FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES,

2 ARKANSAS, ILLINOIS, KENTUCKY, LOUISIANA, MIS3 SISSIPPI, MISSOURI, AND TENNESSEE

4 For expenses necessary for prosecuting work of flood

5 control, and rescue work, repair, restoration, or mainte6 nance of flood control projects threatened or destroyed by

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

8 $352,475,000, to remain available until expended, of

9 which $2,400,000 is provided for the Eastern Arkansas

10 Region, Arkansas, project.

11 OPERATION AND MAINTENANCE, GENERAL

12 For expenses necessary for the preservation, oper13 ation, maintenance, and care of existing river and harbor,

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

15 may be necessary for the maintenance of harbor channels

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

17 outside of harbor lines, and serving essential needs of gen18 eral commerce and navigation; surveys and charting of

19 northern and northwestern lakes and connecting waters;

20 clearing and straightening channels; and removal of ob21 structions to navigation, $1,691,350,000, to remain avail22 able until expended, of which such sums as become avail23 able in the Harbor Maintenance Trust Fund, pursuant to

24 Public Law 99–662, may be derived from that fund, and

25 of which $18,000,000 shall be for construction, operation,
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1 and maintenance of outdoor recreation facilities, to be de2 rived from the special account established by the Land and

3 Water Conservation Act of 1965, as amended (16 U.S.C.

4 460l), and of which funds are provided for the following

5 projects in the amounts specified:

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

7 Los Angeles River (Sepulveda Basin to Arroyo

8 Seco), California, $400,000;

9 Oceanside Experimental Sand Bypass, Califor10 nia, $4,000,000;

11 Los Angeles County Drainage Area (Hansen

12 Dam), California, $2,790,000;

13 Flint River Flood Control, Michigan,

14 $2,500,000;

15 Sauk Lake, Minnesota, $40,000; and

16 New Madrid County Harbor, Missouri,

17 $250,000:

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

19 for obligation for national emergency preparedness

20 programs.

21 REGULATORY PROGRAM

22 For expenses necessary for administration of laws

23 pertaining to regulation of navigable waters and wetlands,

24 $92,000,000, 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, $20,000,000, to remain available

6 until expended.

7 OIL SPILL RESEARCH

8 For expenses necessary to carry out the purposes of

9 the Oil Spill Liability Trust Fund, pursuant to Title VII

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

11 from the Fund and to remain available until expended.

12 GENERAL EXPENSES

13 For expenses necessary for general administration

14 and related functions in the Office of the Chief of Engi15 neers and offices of the Division Engineers; activities of

16 the Coastal Engineering Research Board, the Humphreys

17 Engineer Center Support Activity, and the Water Re18 sources Support Center, $148,500,000, to remain avail19 able until expended: Provided, That not to exceed

20 $54,855,000 of the funds provided in this Act shall be

21 available for general administration and related functions

22 in the Office of the Chief of Engineers: Provided further,

23 That no part of any other appropriation provided in Title

24 I of this Act shall be available to fund the activities of

25 the Office of the Chief of Engineers.
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1 ADMINISTRATIVE PROVISIONS

2 During the current fiscal year the revolving fund,

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

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

5 motor vehicles.

6 GENERAL PROVISIONS

7 CORPS OF ENGINEERS—CIVIL

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

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

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

11 be used to transfer any functions of any Corps of Engi12 neers District Office.

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

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

15 Secretary of the Army for Civil Works.

16 SEC. 104. Any funds heretofore appropriated and

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

18 provisions for the harbor modifications of the Cleveland

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

20 and in Public Law 102–104 for the development of Gate21 way Park at the Lower Granite Lock and Dam Project,

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

23 in carrying out projects and activities funded by this Act.

24 SEC. 105. None of the funds provided in this Act

25 shall be used to implement Defense Management Review
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1 Decision No. 918, dated September 15, 1992, to transfer

2 from the Corps of Engineers property accountability of

3 automated data processing equipment and software ac4 quired with funds from the revolving fund established by

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

6 TITLE II

7 DEPARTMENT OF THE INTERIOR

8 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

9 For the purpose of carrying out provisions of the

10 Central Utah Project Completion Act, Public Law 102–

11 575 (106 Stat. 4605), $25,770,000, to remain available

12 until expended, of which $15,920,000 shall be to carry out

13 the activities authorized under title II of the Act, and of

14 which $9,850,000 shall be deposited into the Utah Rec15 lamation Mitigation and Conservation Account: Provided,

16 That of the amounts deposited into the Account,

17 $5,000,000 shall be considered the Federal Contribution

18 authorized by paragraph 402(b)(2) of the Act and

19 $4,850,000 shall be available to the Utah Reclamation

20 Mitigation and Conservation Commission to carry out the

21 activities authorized under title III of the Act: Provided

22 further, That, notwithstanding any other provision of law,

23 of the amounts available for activities authorized under

24 title II of the Act, not to exceed $500,000 shall be avail25 able for necessary expenses incurred in carrying out the
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1 responsibilities of the Secretary of the Interior under the

2 Act.

3 BUREAU OF RECLAMATION

4 For carrying out the functions of the Bureau of Rec5 lamation as provided in the Federal reclamation laws (Act

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

7 thereof or supplementary thereto) and other Acts applica8 ble to that Bureau as follows:

9 GENERAL INVESTIGATIONS

10 For engineering and economic investigations of pro11 posed Federal reclamation projects and studies of water

12 conservation and development plans and activities prelimi13 nary to the reconstruction, rehabilitation and betterment,

14 financial adjustment, or extension of existing projects, to

15 remain available until expended, $13,109,000: Provided,

16 That, of the total appropriated, the amount for program

17 activities which can be financed by the reclamation fund

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

19 funds contributed by non-Federal entities for purposes

20 similar to this appropriation shall be available for expendi21 ture for the purposes for which contributed as though spe22 cifically appropriated for said purposes, and such amounts

23 shall remain available until expended.
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1 CONSTRUCTION PROGRAM

2 (INCLUDING TRANSFER OF FUNDS)

3 For construction and rehabilitation of projects and

4 parts thereof (including power transmission facilities for

5 Bureau of Reclamation use) and for other related activi6 ties as authorized by law, to remain available until ex7 pended, $464,423,000 of which $46,507,000 shall be

8 available for transfer to the Upper Colorado River Basin

9 Fund authorized by section 5 of the Act of April 11, 1956

10 (43 U.S.C. 620d), and $160,470,000 shall be available for

11 transfer to the Lower Colorado River Basin Development

12 Fund authorized by section 403 of the Act of September

13 30, 1968 (43 U.S.C. 1543), and such amounts as may

14 be necessary shall be considered as though advanced to

15 the Colorado River Dam Fund for the Boulder Canyon

16 Project as authorized by the Act of December 21, 1928,

17 as amended: Provided, That of the total appropriated, the

18 amount for program activities which can be financed by

19 the reclamation fund shall be derived from that fund: Pro20 vided further, That transfers to the Upper Colorado River

21 Basin Fund and Lower Colorado River Basin Develop22 ment Fund may be increased or decreased by transfers

23 within the overall appropriation under this heading: Pro24 vided further, That funds contributed by non-Federal enti25 ties for purposes similar to this appropriation shall be

26 available for expenditure for the purposes for which con-
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1 tributed as though specifically appropriated for said pur2 poses, and such funds shall remain available until ex3 pended: Provided further, That no part of the funds herein

4 approved shall be available for construction or operation

5 of facilities to prevent waters of Lake Powell from enter6 ing any national monument: Provided further, That all

7 costs of the safety of dams modification work at Coolidge

8 Dam, San Carlos Irrigation Project, Arizona, performed

9 under the authority of the Reclamation Safety of Dams

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

11 to the amount authorized in section 5 of said Act.

12 OPERATION AND MAINTENANCE

13 For operation and maintenance of reclamation

14 projects or parts thereof and other facilities, as authorized

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

16 on lands under the jurisdiction of the Bureau of Reclama17 tion, pursuant to law, to remain available until expended,

18 $282,898,000: Provided, That of the total appropriated,

19 the amount for program activities which can be financed

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

21 and the amount for program activities which can be de22 rived from the special fee account established pursuant to

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

24 amended), may be derived from that fund: Provided fur25 ther, That of the total appropriated, such amounts as may

26 be required for replacement work on the Boulder Canyon
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1 Project which would require readvances to the Colorado

2 River Dam Fund shall be readvanced to the Colorado

3 River Dam Fund pursuant to section 5 of the Boulder

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

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

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

7 pursuant to section 104(a)(5) of Public Law 98–381: Pro8 vided further, That funds advanced by water users for op9 eration and maintenance of reclamation projects or parts

10 thereof shall be deposited to the credit of this appropria11 tion and may be expended for the same purpose and in

12 the same manner as sums appropriated herein may be ex13 pended, and such advances shall remain available until ex14 pended: Provided further, That revenues in the Upper Col15 orado River Basin Fund shall be available for performing

16 examination of existing structures on participating

17 projects of the Colorado River Storage Project.

18 In addition, to remain available until expended, such

19 sums as may be necessary to cover the cost of work associ20 ated with rebuilding the Minidoka Powerplant, Minidoka

21 Project, Idaho, to be offset by funds provided by the Bon22 neville Power Administrator as authorized by section 2406

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

24 appropriation estimated at no more than $282,898,000.
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1 BUREAU OF RECLAMATION LOANS PROGRAM ACCOUNT

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

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

4 grants, $11,563,000, to remain available until expended,

5 as authorized by the Small Reclamation Projects Act of

6 August 6, 1956, as amended (43 U.S.C. 422a–422l): Pro7 vided, That such costs, including the cost of modifying

8 such loans, shall be as defined in section 502 of the Con9 gressional Budget Act of 1974: Provided further, That

10 these funds are available to subsidize gross obligations for

11 the principal amount of direct loans not to exceed

12 $18,726,000.

13 In addition, for administrative expenses necessary to

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

15 $600,000: Provided, That of the total sums appropriated,

16 the amount of program activities which can be financed

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

18 CENTRAL VALLEY PROJECT RESTORATION FUND

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

20 habitat restoration, improvement, and acquisition provi21 sions of the Central Valley Project Improvement Act, to

22 remain available until expended, such sums as may be as23 sessed and collected in the Central Valley Project Restora24 tion Fund in fiscal year 1993 and such sums as become

25 available in, and may be derived from, the Central Valley
18

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1 Project Restoration Fund in fiscal year 1994, pursuant

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

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

4 Reclamation is directed to levy additional mitigation and

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

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

7 Law 102–575: Provided further, That the Bureau of Rec8 lamation is directed to assess and collect payments, reve9 nues and surcharges in the amounts and manner author10 ized by sections 3404(c)(3), 3405(f) and 3406(c)(1) of

11 Public Law 102–575, respectively.

12 GENERAL ADMINISTRATIVE EXPENSES

13 For necessary expenses of general administration and

14 related functions in the office of the Commissioner, the

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

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

17 remain available until expended, the total amount to be

18 derived from the reclamation fund and to be

19 nonreimbursable pursuant to the Act of April 19, 1945

20 (43 U.S.C. 377): Provided, That no part of any other ap21 propriation in this Act shall be available for activities or

22 functions budgeted for the current fiscal year as general

23 administrative expenses.

24 EMERGENCY FUND

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

26 as authorized by the Act of June 26, 1948 (43 U.S.C.
19

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

2 the purposes specified in said Act, $1,000,000, to be de3 rived from the reclamation fund.

4 SPECIAL FUNDS

5 (TRANSFER OF FUNDS)

6 Sums herein referred to as being derived from the

7 reclamation fund or special fee account are appropriated

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

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

10 22, 1987 (16 U.S.C. 460l–6a, as amended), respectively.

11 Such sums shall be transferred, upon request of the Sec12 retary, to be merged with and expended under the heads

13 herein specified; and the unexpended balances of sums

14 transferred for expenditure under the head ‘‘General Ad15 ministrative Expenses’’ shall revert and be credited to the

16 reclamation fund.

17 ADMINISTRATIVE PROVISIONS

18 Appropriations for the Bureau of Reclamation shall

19 be available for purchase of not to exceed 13 passenger

20 motor vehicles for replacement only.

21 TITLE III

22 DEPARTMENT OF ENERGY

23 ENERGY SUPPLY, RESEARCH AND DEVELOPMENT

24 ACTIVITIES

25 For expenses of the Department of Energy activities

26 including the purchase, construction and acquisition of
20

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1 plant and capital equipment and other expenses incidental

2 thereto necessary for energy supply, research and develop3 ment activities, and other activities in carrying out the

4 purposes of the Department of Energy Organization Act

5 (42 U.S.C. 7101, et seq.), including the acquisition or con6 demnation of any real property or any facility or for plant

7 or facility acquisition, construction, or expansion; pur8 chase of passenger motor vehicles (not to exceed 24, of

9 which 18 are for replacement only), $3,167,634,000 to re10 main available until expended, of which $10,000,000 shall

11 be for hydrogen research and development.

12 URANIUM SUPPLY AND ENRICHMENT ACTIVITIES

13 For expenses of the uranium program, including pay14 ment to the Tennessee Valley Authority under the settle15 ment agreement filed with the United States Claims Court

16 on December 18, 1987, $160,000,000, to remain available

17 until expended.

18 URANIUM ENRICHMENT DECONTAMINATION AND

19 DECOMMISSIONING FUND

20 (INCLUDING TRANSFER OF FUNDS)

21 For necessary expenses in carrying out uranium en22 richment facility decontamination and decommissioning,

23 remedial actions and other activities of Title II of the

24 Atomic Energy Act of 1954 and Title X, Subtitle A of

25 the Energy Policy Act of 1992, $286,320,000 to be de-
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1 rived from the fund, to remain available until expended;

2 and in addition, $49,679,000 in unexpended balances,

3 consisting of $6,267,000 of unobligated balances and

4 $43,412,000 of obligated balances, are transferred from

5 the Uranium Supply and Enrichment Activities account,

6 to be available for such expenses.

7 GENERAL SCIENCE AND RESEARCH ACTIVITIES

8 For expenses of the Department of Energy activities

9 including the purchase, construction and acquisition of

10 plant and capital equipment and other expenses incidental

11 thereto necessary for general science and research activi12 ties in carrying out the purposes of the Department of

13 Energy Organization Act (42 U.S.C. 7101, et seq.), in14 cluding the acquisition or condemnation of any real prop15 erty or facility or for plant or facility acquisition, construc16 tion, or expansion; purchase of passenger motor vehicles

17 (not to exceed 15 for replacement only), $1,194,114,000,

18 to remain available until expended: Provided, That no

19 funds may be obligated for construction of a B-factory

20 until completion, by October 31, 1993, of a technical re21 view of the Cornell and Stanford linear accelerator propos22 als by the Department of Energy and the National Science

23 Foundation: Provided further, That none of the funds

24 made available under this section for Department of En25 ergy facilities may be obligated or expended for food, bev-
22

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1 erages, receptions, parties, country club fees, plants or

2 flowers pursuant to any cost-reimbursible contract.

3 NUCLEAR WASTE DISPOSAL FUND

4 For nuclear waste disposal activities to carry out the

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

6 the acquisition of real property or facility construction or

7 expansion, $260,000,000, to remain available until ex8 pended, to be derived from the Nuclear Waste Fund. To

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

10 cover amounts available for obligation in the account, the

11 Secretary shall exercise her authority pursuant to section

12 302(e)(5) of said Act to issue obligations to the Secretary

13 of the Treasury: Provided, That of the amount herein ap14 propriated, within available funds, not to exceed

15 $5,500,000 may be provided to the State of Nevada, for

16 the sole purpose in the conduct of its oversight responsibil17 ities pursuant to the Nuclear Waste Policy Act of 1982,

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

19 of the amount herein appropriated, not more than

20 $7,000,000 may be provided to affected local governments,

21 as defined in the Act, to conduct appropriate activities

22 pursuant to the Act.
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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 $3,572,198,000, 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

26 waste management activities in carrying out the purposes
24

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

2 7101, et seq.), including the acquisition or condemnation

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

4 acquisition, construction, or expansion; and the purchase

5 of passenger motor vehicles (not to exceed 125 of which

6 122 are for replacement only including 9 police-type vehi7 cles), $5,185,877,000, to remain available until expended.

8 MATERIALS SUPPORT AND OTHER DEFENSE PROGRAMS

9 (INCLUDING TRANSFER OF FUNDS)

10 For Department of Energy expenses, including the

11 purchase, construction and acquisition of plant and capital

12 equipment and other incidental expenses necessary for

13 atomic energy defense materials support, and other de14 fense activities in carrying out the purposes of the Depart15 ment of Energy Organization Act (42 U.S.C. 7101, et

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

17 real property or any facility or for plant or facility acquisi18 tion, construction, or expansion; and the purchase of pas19 senger motor vehicles (not to exceed 45 for replacement

20 only), $2,046,592,000, to remain available until expended:

21 Provided, That the New Production Reactor Appropriation

22 Account shall be merged with and the balances made avail23 able to this appropriation.

24 DEFENSE NUCLEAR WASTE DISPOSAL

25 For nuclear waste disposal activities to carry out the

26 purposes of Public Law 97–425, as amended, including
25

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1 the acquisition of real property or facility construction or

2 expansion, $120,000,000, to remain available until ex3 pended, all of which shall be used in accordance with the

4 terms and conditions of the Nuclear Waste Fund appro5 priation of the Department of Energy contained in this

6 title.

7 DEPARTMENTAL ADMINISTRATION

8 For salaries and expenses of the Department of En9 ergy necessary for Departmental Administration and other

10 activities in carrying out the purposes of the Department

11 of Energy Organization Act (42 U.S.C. 7101, et seq.), in12 cluding the hire of passenger motor vehicles and official

13 reception and representation expenses (not to exceed

14 $35,000), $401,238,000 to remain available until ex15 pended, plus such additional amounts as necessary to

16 cover increases in the estimated amount of cost of work

17 for others notwithstanding the provisions of the Anti-Defi18 ciency Act (31 U.S.C. 1511, et seq.): Provided, That such

19 increases in cost of work are offset by revenue increases

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

21 expended: Provided further, That moneys received by the

22 Department for miscellaneous revenues estimated to total

23 $239,209,000 in fiscal year 1994 may be retained and

24 used for operating expenses within this account, and may

25 remain available until expended, as authorized by section
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1 201 of Public Law 95–238, notwithstanding the provisions

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

3 further, That the sum herein appropriated shall be reduced

4 by the amount of miscellaneous revenues received during

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

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

7 OFFICE OF THE INSPECTOR GENERAL

8 For necessary expenses of the Office of the Inspector

9 General in carrying out the provisions of the Inspector

10 General Act of 1978, as amended, $31,757,000, to remain

11 available until expended.

12 POWER MARKETING ADMINISTRATIONS

13 OPERATION AND MAINTENANCE, ALASKA POWER

14 ADMINISTRATION

15 For necessary expenses of operation and maintenance

16 of projects in Alaska and of marketing electric power and

17 energy, $4,010,000, to remain available until expended.

18 BONNEVILLE POWER ADMINISTRATION FUND

19 Expenditures from the Bonneville Power Administra20 tion Fund, established pursuant to Public Law 93–454,

21 are approved for official reception and representation ex22 penses in an amount not to exceed $3,000.

23 During fiscal year 1994, no new direct loan obliga24 tions may be made.
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1 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

2 ADMINISTRATION

3 For necessary expenses of operation and maintenance

4 of power transmission facilities and of marketing electric

5 power and energy pursuant to the provisions of section

6 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as

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

8 remain available until expended.

9 OPERATION AND MAINTENANCE, SOUTHWESTERN

10 POWER ADMINISTRATION

11 For necessary expenses of operation and maintenance

12 of power transmission facilities and of marketing electric

13 power and energy, and for construction and acquisition of

14 transmission lines, substations and appurtenant facilities,

15 and for administrative expenses, including official recep16 tion and representation expenses in an amount not to ex17 ceed $1,500 connected therewith, in carrying out the pro18 visions of section 5 of the Flood Control Act of 1944 (16

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

20 $33,587,000, to remain available until expended; in addi21 tion, notwithstanding the provisions of 31 U.S.C. 3302,

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

23 available until expended.
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1 CONSTRUCTION, REHABILITATION, OPERATION AND

2 MAINTENANCE, WESTERN AREA POWER ADMINIS3 TRATION

4 (INCLUDING TRANSFER OF FUNDS)

5 For carrying out the functions authorized by title III,

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

7 U.S.C. 7101, et seq.), and other related activities includ8 ing conservation and renewable resources programs as au9 thorized, including official reception and representation

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

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

12 replacement only, $287,956,000, to remain available until

13 expended, of which $275,400,000 shall be derived from

14 the Department of the Interior Reclamation fund; in addi15 tion, $5,000,000 is appropriated for deposit into the Utah

16 Reclamation Mitigation and Conservation Account pursu17 ant to Title IV of the Reclamation Projects Authorization

18 and Adjustment Act of 1992: Provided further, That the

19 Secretary of the Treasury is authorized to transfer from

20 the Colorado River Dam Fund to the Western Area Power

21 Administration $7,168,000, to carry out the power mar22 keting and transmission activities of the Boulder Canyon

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

24 Power Plant Act of 1984, to remain available until ex25 pended.
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1 FEDERAL ENERGY REGULATORY COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Federal Energy Regu4 latory Commission to carry out the provisions of the De5 partment of Energy Organization Act (42 U.S.C. 7101,

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

7 3109, including the hire of passenger motor vehicles; offi8 cial reception and representation expenses (not to exceed

9 $3,000); $165,375,000 to remain available until expended:

10 Provided, That hereafter and notwithstanding any other

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

12 from fees and annual charges, and other services and col13 lections in fiscal year 1994, shall be retained and used

14 for necessary expenses in this account, and shall remain

15 available until expended: Provided further, That the sum

16 herein appropriated shall be reduced as revenues are re17 ceived during fiscal year 1994, so as to result in a final

18 fiscal year 1994 appropriation estimated at not more than

19 $0.

20 TITLE IV

21 INDEPENDENT AGENCIES

22 APPALACHIAN REGIONAL COMMISSION

23 For expenses necessary to carry out the programs au24 thorized by the Appalachian Regional Development Act of

25 1965, as amended, notwithstanding section 405 of said
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1 Act, and for necessary expenses for the Federal Cochair2 man and the alternate on the Appalachian Regional Com3 mission and for payment of the Federal share of the ad4 ministrative expenses of the Commission, including serv5 ices as authorized by section 3109 of title 5, United States

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

7 available until expended, $189,000,000.

8 DEFENSE NUCLEAR FACILITIES SAFETY

9 BOARD

10 SALARIES AND EXPENSES

11 For necessary expenses of the Defense Nuclear Fa12 cilities Safety Board in carrying out activities authorized

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

14 Law 100–456, section 1441, $15,060,000, to remain

15 available until expended.

16 DELAWARE RIVER BASIN COMMISSION

17 SALARIES AND EXPENSES

18 For expenses necessary to carry out the functions of

19 the United States member of the Delaware River Basin

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

21 $333,000.
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1 CONTRIBUTION TO DELAWARE RIVER BASIN

2 COMMISSION

3 For payment of the United States share of the cur4 rent expenses of the Delaware River Basin Commission,

5 as authorized by law (75 Stat. 706, 707), $488,000.

6 INTERSTATE COMMISSION ON THE POTOMAC

7 RIVER BASIN

8 CONTRIBUTION TO INTERSTATE COMMISSION ON THE

9 POTOMAC RIVER BASIN

10 To enable the Secretary of the Treasury to pay in

11 advance to the Interstate Commission on the Potomac

12 River Basin the Federal contribution toward the expenses

13 of the Commission during the current fiscal year in the

14 administration of its business in the conservancy district

15 established pursuant to the Act of July 11, 1940 (54

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

17 (Public Law 91–407), $498,000.

18 NUCLEAR REGULATORY COMMISSION

19 SALARIES AND EXPENSES

20 (INCLUDING TRANSFER OF FUNDS)

21 For necessary expenses of the Commission in carry22 ing out the purposes of the Energy Reorganization Act

23 of 1974, as amended, and the Atomic Energy Act of 1954,

24 as amended, including the employment of aliens; services

25 authorized by section 3109 of title 5, United States Code;
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1 publication and dissemination of atomic information; pur2 chase, repair, and cleaning of uniforms, official represen3 tation expenses (not to exceed $20,000); reimbursements

4 to the General Services Administration for security guard

5 services; hire of passenger motor vehicles and aircraft,

6 $542,900,000, to remain available until expended, of

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

8 Waste Fund: Provided, That from this appropriation,

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

10 Government for the performance of the work for which

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

12 so transferred may be merged with the appropriation to

13 which transferred: Provided further, That moneys received

14 by the Commission for the cooperative nuclear safety re15 search program, services rendered to foreign governments

16 and international organizations, and the material and in17 formation access authorization programs, including crimi18 nal history checks under section 149 of the Atomic Energy

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

20 salaries and expenses associated with those activities, not21 withstanding the provisions of section 3302 of title 31,

22 United States Code, and shall remain available until ex23 pended: Provided further, That revenues from licensing

24 fees, inspection services, and other services and collections

25 estimated at $520,900,000 in fiscal year 1994 shall be re-
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1 tained and used for necessary salaries and expenses in this

2 account, notwithstanding the provisions of section 3302

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

4 until expended: Provided further, That the sum herein ap5 propriated shall be reduced by the amount of revenues re6 ceived during fiscal year 1994 from licensing fees, inspec7 tion services and other services and collections, excluding

8 those moneys received for the cooperative nuclear safety

9 research program, services rendered to foreign govern10 ments and international organizations, and the material

11 and information access authorization programs, so as to

12 result in a final fiscal year 1994 appropriation estimated

13 at not more than $22,000,000.

14 OFFICE OF INSPECTOR GENERAL

15 (INCLUDING TRANSFER OF FUNDS)

16 For necessary expenses of the Office of Inspector

17 General in carrying out the provisions of the Inspector

18 General Act of 1978, as amended, including services au19 thorized by section 3109 of title 5, United States Code,

20 $4,800,000 to remain available until expended; and in ad21 dition, an amount not to exceed 5 percent of this sum may

22 be transferred from Salaries and Expenses, Nuclear Regu23 latory Commission: Provided, That notice of such trans24 fers shall be given to the Committees on Appropriations

25 of the House and Senate: Provided further, That from this
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1 appropriation, transfers of sums may be made to other

2 agencies of the Government for the performance of the

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

4 cases the sums so transferred may be merged with the

5 appropriation to which transferred: Provided further, That

6 revenues from licensing fees, inspection services, and other

7 services and collections shall be retained and used for nec8 essary salaries and expenses in this account, notwithstand9 ing the provisions of section 3302 of title 31, United

10 States Code, and shall remain available until expended:

11 Provided further, That the sum herein appropriated shall

12 be reduced by the amount of revenues received during fis13 cal year 1994 from licensing fees, inspection services, and

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

15 fiscal year 1994 appropriation estimated at not more than

16 $0.

17 NUCLEAR WASTE TECHNICAL REVIEW BOARD

18 SALARIES AND EXPENSES

19 (INCLUDING TRANSFER OF FUNDS)

20 For necessary expenses of the Nuclear Waste Tech21 nical Review Board, as authorized by Public Law 100–

22 203, section 5051, $2,160,000, to be transferred from the

23 Nuclear Waste Fund and to remain available until ex24 pended.
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1 OFFICE OF THE NUCLEAR WASTE NEGOTIATOR

2 SALARIES AND EXPENSES

3 For necessary expenses of the office of the Nuclear

4 Waste Negotiator in carrying out activities authorized by

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

6 Public Law 102–486, section 802, $1,000,000 to remain

7 available until expended.

8 SUSQUEHANNA RIVER BASIN COMMISSION

9 SALARIES AND EXPENSES

10 For expenses necessary to carry out the functions of

11 the United States member of the Susquehanna River

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

13 $308,000.

14 CONTRIBUTION TO SUSQUEHANNA RIVER BASIN

15 COMMISSION

16 For payment of the United States share of the cur17 rent expenses of the Susquehanna River Basin Commis18 sion, as authorized by law (84 Stat. 1530, 1531),

19 $298,000.

20 TENNESSEE VALLEY AUTHORITY

21 TENNESSEE VALLEY AUTHORITY FUND

22 For the purpose of carrying out the provisions of the

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

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

25 and operation of aircraft, and purchase and hire of pas-
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1 senger motor vehicles, $138,973,000, to remain available

2 until expended.

3 TITLE V—GENERAL PROVISION

4 MINORITY PARTICIPATION IN THE

5 SUPERCONDUCTING SUPER COLLIDER

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

7 304 of the Energy and Water Development Appropriations

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

9 amended—

10 (1) in subsection (a)—

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

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

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

14 the following: ‘‘; or (2) are small business con15 cerns that are at least 51 percent owned by 1

16 or more women and whose management and

17 daily business operations are controlled by 1 or

18 more women’’; and

19 (C) by striking the last sentence;

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

21 place it appears; and

22 (3) by adding at the end the following new sub23 section:

24 ‘‘(c) ADMINISTRATION OF PROGRAM.—
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1 ‘‘(1) CERTIFICATION REQUIREMENT.—A busi2 ness concern or other organization shall be eligible

3 for participation under this section only if it has

4 been certified as meeting the requirements specified

5 in subsection (a) by the Small Business Administra6 tion, or by a State, local, regional, or other organiza7 tion designated by the Small Business Administra8 tion.

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

10 of Energy, with respect to the Superconducting

11 Super Collider project, shall—

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

13 ‘‘(i) each subcontracting report for in14 dividual contracts (SF294) required under

15 the Federal Acquisition Regulation (48

16 CFR chapter 1) to be submitted by a con17 tractor or subcontractor with respect to the

18 project; and

19 ‘‘(ii) each summary subcontract report

20 (SF295) required under the Federal Ac21 quisition Regulation (48 CFR chapter 1)

22 to be submitted by a contractor or sub23 contractor with respect to the project; and

24 ‘‘(B) maintain accurate information and

25 data on the amount and type of subcontracts
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1 awarded by each contractor or subcontractor

2 under the project and the extent of participa3 tion in the subcontracts by socially and eco4 nomically disadvantaged individuals and eco5 nomically disadvantaged women referred to in

6 subsection (b).

7 ‘‘(3) CATEGORIES OF WORK TO BE IN8 CLUDED.—The Secretary of Energy shall, to the

9 fullest extent possible, ensure that the categories of

10 work performed under contracts entered into pursu11 ant to this section are representative of all cat12 egories of work performed under contract for the

13 Superconducting Super Collider project.

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

15 conduct periodic audits to verify the continuing com16 pliance of prime contractors and subcontractors with

17 the requirements of this section. For such purpose,

18 the Secretary shall have access to such reports and

19 records of prime contractors and subcontractors as

20 the Secretary determines to be necessary.’’.

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

22 this section shall apply to fiscal year 1994 and thereafter.

23 SEC. 502. COMPLIANCE WITH BUY AMERICAN ACT.

24 No funds appropriated pursuant to this Act may be

25 expended by an entity unless the entity agrees that in ex-
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1 pending the assistance the entity will comply with sections

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

3 10c, popularly known as the ‘‘Buy American Act’’).

4 SEC. 503. SENSE OF CONGRESS; REQUIREMENT REGARD5 ING NOTICE.

6 (a) PURCHASE OF AMERICAN-MADE EQUIPMENT

7 AND PRODUCTS.—In the case of any equipment or prod8 ucts that may be authorized to be purchased with financial

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

10 Congress that entities receiving such assistance should, in

11 expending the assistance, purchase only American-made

12 equipment and products.

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

14 providing financial assistance under this Act, the head of

15 each Federal agency shall provide to each recipient of the

16 assistance a notice describing the statement made in sub17 section (a) by the Congress.

18 SEC. 504. PROHIBITION OF CONTRACTS.

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

20 agency that any person intentionally affixed a label bear21 ing a ‘‘Made in America’’ inscription, or any inscription

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

23 to the United States that is not made in the United

24 States, such person shall be ineligible to receive any con25 tract or subcontract made with funds provided pursuant
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1 to this Act, pursuant to the debarment, suspension, and

2 ineligibility procedures described in section 9.400 through

3 9.409 of title 48, Code of Federal Regulations.

4 This Act may be cited as the ‘‘Energy and Water De5 velopment Appropriations Act, 1994’’.

Passed the House of Representatives June 23, 1993.

Attest: DONNALD K. ANDERSON,

Clerk.

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