103D CONGRESS

1ST SESSION H. R. 2445

AMENDMENTS
In the Senate of the United States,

September 30 (legislative day, September 27), 1993.

Resolved, That the bill from the House of Representatives (H.R. 2445) entitled ‘‘An Act making appropriations for

energy and water development for the fiscal year ending September 30, 1994, and for other purposes’’, do pass with the

following

AMENDMENTS:

1 Ω1æPage 2, line 18, strike out ø$207,540,000¿ and in2 sert: $208,544,000

3 Ω2æPage 2, strike out all after line 20 over to and includ4 ing ‘‘$500,000’’ in line 6 on page 4 and insert:

5 Central Basin Groundwater Project, California,

6 $750,000;

7 McCook and Thornton Reservoirs, Illinois,

8 $5,500,000;

9 Indianapolis, White River, Central Waterfront,

10 Indiana, $900,000;

11 Little Calumet River Basin (Cady Marsh Ditch),

12 Indiana, $310,000;

13 Ohio River Shoreline Flood Protection, Indiana,

14 $400,000;

15 Hazard, Kentucky, $250,000;
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1 Brockton, Massachusetts, $350,000;

2 Passaic River Mainstem, New Jersey,

3 $10,000,000;

4 Pocotaligo River and Swamp, South Carolina,

5 $400,000;

6 Jennings Randolph Lake, West Virginia,

7 $400,000;

8 Monongahela River Comprehensive, West Vir9 ginia, $600,000; and

10 West Virginia Comprehensive, West Virginia,

11 $500,000:

12 Provided, That notwithstanding ongoing studies using pre13 viously appropriated funds, and using $2,500,000 of the

14 funds appropriated herein, the Secretary of the Army, act15 ing through the Chief of Engineers, is directed to conduct

16 hydraulic modeling, foundations analysis and related de17 sign, and mapping efforts in continuing preconstruction en18 gineering and design for the additional lock at Kentucky

19 Dam, Kentucky project, in accordance with the Kentucky

20 Lock Addition Feasibility Report approved by Report of the

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

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

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

24 to complete a detailed project report, and plans and speci25 fications for a permanent shore erosion protection project
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1 at Geneva State Park, Ashtabula County, Ohio: Provided

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

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

4 herein to continue preconstruction engineering and design,

5 including preparation of the special design report, initi6 ation of National Environmental Policy Act document

7 preparation, and initiation of hydraulic model studies for

8 the Kaumalapau Harbor navigation study, Lanai, Hawaii:

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

10 to limit the Columbia River Navigation Channel, Oregon

11 and Washington feasibility study to investigation of the fea12 sibility of constructing a navigation channel not to exceed

13 43-feet in depth from the Columbia River entrance to Port

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

15 Project Management Plan accordingly: Provided further,

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

17 of Engineers, is directed to use $400,000 of funds appro18 priated herein to initiate a reconnaissance study, including

19 economic and environmental studies, for the Pocataligo

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

21 the Secretary of the Army, acting through the Chief of Engi22 neers, is directed to use $90,000 of funds appropriated here23 in to complete the reconnaissance study of the Black Fox

24 and Oakland Spring wetland area in Murfreesboro, Ten25 nessee: Provided further, That the Secretary of the Army,
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1 acting through the Chief of Engineers, is directed to utilize

2 $200,000 of available funds to initiate the planning and

3 design of remedial measures to restore the environmental

4 integrity and recreational boating facilities at Old Hickory

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

6 with the reconnaissance study findings dated September,

7 1993: Provided further, That the Secretary of the Army,

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

9 $4,460,000 of available funds to complete preconstruction,

10 engineering and design for the Ste. Genevieve, Missouri

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

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

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

14 1, 1994: Provided further, That all plans, specifications and

15 design documents shall be concurrently reviewed in order

16 to expedite the project: Provided further, That the Secretary

17 of the Army, acting through the Chief of Engineers, is di18 rected to utilize $2,000,000 of funds appropriated herein

19 to engineer and design the Virginia Beach Erosion Control

20 and Hurricane Protection, Virginia project, including

21 storm water collection and discharge, as authorized by sec22 tion 102(cc) of Public Law 102–580

23 Ω3æPage 4, line 16, strike out ø$1,389,138,000¿ and in24 sert: $1,296,167,000
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1 Ω4æPage 4, strike out all after line 24 over to and includ2 ing ‘‘$1,467,000’’ in line 24 on page 7, and insert:

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 Ω5æPage 8, line 8, strike out ø$352,475,000¿ and insert:

4 $348,875,000

5 Ω6æPage 8, line 21, strike out ø$1,691,350,000¿ and in6 sert: $1,673,704,000

7 Ω7æPage 9, strike out lines 7 and 8

8 Ω8æPage 9, line 12, after ‘‘$2,790,000;’’ insert: and

9 Ω9æPage 9, strike out lines 13 and 14

10 Ω10æPage 9, line 15, strike out ø; and¿

11 Ω11æPage 9, strike out lines 16 and 17

12 Ω12æPage 9, line 20, after ‘‘programs’’ insert: : Provided

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

14 Chief of Engineers, is directed to use $5,000,000 of available

15 funds to undertake and complete critical maintenance items

16 for water supply of the Kentucky River Locks and Dams

17 5–14 and to transfer such facilities to the Commonwealth

18 of Kentucky: Provided further, That the Secretary of the

19 Army is directed during fiscal year 1994 to maintain a

20 minimum conservation pool level of 475.5 at Wister Lake

21 in Oklahoma: Provided further, That the Secretary of the

22 Army, acting through the Chief of Engineers, is directed
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1 to use Operation and Maintenance funds and complete, in

2 coordination with the schedule for feasibility phase, studies

3 to deepen the Columbia River navigation channel, long4 term dredge disposal plans for the existing authorized Co5 lumbia River Navigation Channel project, including associ6 ated fish and wildlife studies

7 Ω13æPage 10, line 19, strike out all after ‘‘expended’’

8 down to and including ‘‘Engineers’’ in line 22 and insert:

9 : Provided, That not to exceed $58,255,000 of the funds pro10 vided in this Act shall be available for general administra11 tion and related functions in the Office of the Chief of Engi12 neers, unless the Secretary of the Army determines that ad13 ditional obligations are necessary for such purposes and no14 tifies the Committees on Appropriations of both Houses of

15 Congress of the Secretary’s determination and the reasons

16 therefore

17 Ω14æPage 12, after line 5, insert:

18 SEC. 106. In fiscal year 1994, the Secretary shall ad19 vertise for competitive bid at least 7,500,000 cubic yards

20 of the hopper dredge volume accomplished with Govern21 ment-owned dredges in fiscal year 1992.

22 Notwithstanding the provisions of this section, the Sec23 retary is authorized to use the dredge fleet of the Corps of

24 Engineers to undertake projects when industry does not per25 form as required by the contract specifications or when the
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1 bids are more than 25 percent in excess of what the Sec2 retary determines to be a fair and reasonable estimated cost

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

4 to emergency requirements.

5 Ω15æPage 12, after line 5, insert:

6 SEC. 107. Notwithstanding any other provision of law,

7 the Secretary of the Army, acting through the Chief of Engi8 neers, is authorized to reprogram, obligate and expend such

9 additional sums as necessary to continue construction and

10 cover anticipated contract earnings of any water resources

11 project which received an appropriation or allowance for

12 construction in or through an appropriations Act or resolu13 tion of a current or last preceding fiscal year, in order to

14 prevent the termination of a contract or the delay of sched15 uled work.

16 Ω16æPage 12, after line 5, insert:

17 SEC. 108. PROHIBITION ON REMOVAL.

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

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

20 out a policy to remove or demolish any residential structure

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

22 the United States for the containment or impoundment of

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

24 time as the Committee on Environment and Public Works

25 of the Senate and the Committee on Public Works and
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1 Tranportation of the House of Representatives have re2 viewed and approved the policy.

3 (b) AGREEMENT TO HOLD HARMLESS.—

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

5 shall offer to enter into a written agreement with the

6 owner of each residential structure that is covered by

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

8 the agreement, the owner shall hold the United States

9 harmless for any loss of personal property, real prop10 erty, injury, or death that is the result of any flooding

11 of the structure.

12 (2) FAILURE TO ENTER INTO AN AGREEMENT.—

13 If an owner fails to enter into an agreement pursuant

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

15 accordance with the applicable easement or right-of16 way, remove or demolish the structure.

17 Ω17æPage 12, after line 5, insert:

18 SEC. 109. (1) IN GENERAL.—The Secretary of the

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

20 Texas, fee simple absolute title to a parcel of land contain21 ing approximately 605 acres known as the San Jacinto

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

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

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

25 the old Fort Jacinto site, at the fair market value of such
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1 parcel to be determined in accordance with the provisions

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

3 discretion of the Secretary of the Army upon the agreement

4 of all interested parties.

5 (2) COMPENSATION FOR CONVEYANCE.—Upon receipt

6 of compensation from the City of Galveston, the Secretary

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

8 compensation shall include—

9 (A) conveyance to the Department of the Army

10 of fee simple absolute title to a parcel of land contain11 ing approximately 564 acres on Pelican Island,

12 Texas, in the Eneas Smith Survey, A–190, Pelican

13 Island, City of Galveston, Galveston County, Texas,

14 adjacent to property currently owned by the United

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

16 determined in accordance with the provisions of para17 graph (4); and

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

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

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

21 the fair market value of the parcel to be conveyed pur22 suant to paragraph (2)(A).

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

24 Galveston Harbor and Channel will continue to be governed

25 by the Local Cooperation Agreement between the United
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1 States of America and the City of Galveston dated October

2 18, 1973. Upon conveyance of the parcel described in para3 graph (1), the Department of the Army shall be com4 pensated directly for any anticipated costs which may be

5 incurred in site preparation and in the disposition of spoil

6 in excess of the present value of current costs of spoil dis7 position.

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

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

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

11 appraisers using the market value method.

12 (5) NAVIGATIONAL SERVITUDE.—Those portions of a

13 605-acre parcel of land known as the San Jacinto Disposal

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

15 declared to be nonnavigable waters of the United States.

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

17 the 564-acre parcel shall be surveyed and further legally de18 scribed prior to conveyance. Not later than 60 days follow19 ing enactment of this Act, if he deems it necessary, the Sec20 retary of the Army shall complete a review of the applicabil21 ity of section 404 of the Clean Water Act to the said parcels.

22 Ω18æPage 12, line 11, strike out ø$25,770,000¿ and in23 sert: $24,770,000

24 Ω19æPage 12, line 12, strike out ø$15,920,000¿ and in25 sert: $14,920,000
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1 Ω20æPage 12, line 13, after ‘‘Act’’ insert: and for feasibil2 ity studies of alternatives to the Uintah and Upalco Units

3 Ω21æPage 12, line 21, strike out all after ‘‘Act’’ over to

4 and including ‘‘Act’’ in line 2 on page 13

5 Ω22æPage 13, after line 2, insert:

6 In addition, for necessary expenses incurred in carry7 ing out responsibilities of the Secretary of the Interior

8 under the Act, $1,000,000, to remain available until ex9 pended.

10 Ω23æPage 13, line 15, strike out ø$13,109,000¿ and in11 sert: $14,409,000

12 Ω24æPage 14, line 7, strike out ø$464,423,000¿ and in13 sert: $460,898,000

14 Ω25æPage 17, line 4, strike out ø$11,563,000¿ and in15 sert: $12,900,000

16 Ω26æPage 17, line 12, strike out ø$18,726,000¿ and in17 sert: $21,000,000

18 Ω27æPage 19, after line 20, insert:

19 GENERAL PROVISION

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

21 Indian Reserved Water Rights Settlement Act of 1992 is

22 amended by adding at the end thereof the following new
19

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1 sentences: ‘‘All costs of environmental compliance and miti2 gation associated with the Compact, including mitigation

3 measures adopted by the Secretary, are the responsibility

4 of the United States. All moneys appropriated pursuant to

5 the authorization under this subsection are in addition to

6 amounts appropriated pursuant to the authorization under

7 section 7(b)(1) of this Act, and shall be immediately avail8 able.’’.

9 (b) Except for authorizations contained in subsections

10 7(b)(1), 7(b)(2) and 7(e), the authorization of appropria11 tions contained in this Act shall not be effective until such

12 time as the Montana water court enters and approves a

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

14 (c) The amendments made by this section shall be con15 sidered to have taken effect on September 30, 1992.

16 Ω28æPage 20, strike out lines 9 to 11 and insert: which

17 18 are for replacement only), $3,249,286,000, to remain

18 available until expended: Provided, That no funds made

19 available by this Act shall be used for the gas turbine-modu20 lar helium reactor (GT-MHR) (formerly known as the high

21 temperature gas reactor)

22 Ω29æPage 20, line 11, after ‘‘development’’ insert: , of

23 which, $4,500,000 shall be derived by transfer from the Geo24 thermal Resources Development Fund.
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1 Ω30æPage 20, strike out lines 13 to 17 and insert:

2 For expenses of the Department of Energy in connec3 tion with operating expenses; the purchase, construction,

4 and acquisition of plant and capital equipment and other

5 expenses incidental thereto necessary for residual uranium

6 supply and enrichment activities in carrying out the pur7 poses of the Department of Energy Organization Act (42

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

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

10 condemnation of any real property or any facility or for

11 plant or facility acquisition, construction, or expansion;

12 purchase of electricity as necessary and payment to the

13 Tennessee Valley Authority under the settlement agreement

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

15 1987; purchase of passenger motor vehicles (not to exceed

16 5, of which 5 are for replacement only), $247,092,000, to

17 remain available until expended: Provided, That revenues

18 received by the Department for residual uranium enrich19 ment activities authorized by section 201 of Public Law 95–

20 238, and estimated to total $70,000,000 in fiscal year 1994,

21 shall be retained and used for the specific purpose of offset22 ting costs incurred by the Department for such activities,

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

24 Code: Provided further, That the sum herein appropriated

25 shall be reduced as revenues are received during fiscal year
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1 1994 so as to result in a final fiscal year 1994 appropria2 tion estimated at not more than $177,092,000.

3 Ω31æPage 21, strike out all after line 1 down to and in4 cluding ‘‘obligated’’ in line 4 and insert: and in addition,

5 an estimated $49,679,000 in unexpended balances, consist6 ing of an estimated $6,267,000 of unobligated balances and

7 an estimated $43,412,000 of obligated

8 Ω32æPage 21, line 6, after ‘‘expenses’’ insert: : Provided,

9 That at least $40,600,000 of amounts derived from the fund

10 for such expenses shall be expended in accordance with title

11 X, Subtitle A of the Energy Policy Act of 1992

12 Ω33æPage 21, line 17, strike out ø$1,194,114,000¿ and

13 insert: $1,615,114,000

14 Ω34æPage 21, line 18, strike out all after ‘‘Provided,’’

15 down to and including ‘‘further,’’ in line 23

16 Ω35æPage 22, line 2, after ‘‘contract’’ insert: : Provided

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

18 section for Department of Energy facilities may be spent

19 90 days after the beginning of the fiscal year to permit the

20 continued construction of the superconducting super collider

21 unless the Secretary delivers to the Committee an imple22 mentation plan for the specific recommendations of the Re23 port of the DOE Review Committee on the Baseline Valida-
22

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1 tion of the Superconducting Super Collider and the Sec2 retary certifies that the management issues raised by Gen3 eral Accounting Office in its report dated February 1993,

4 number GAO/RCED–93–87 have been adequately addressed

5 and will not reoccur

6 Ω36æPage 22, strike out lines 4 to 22, and insert:

7 For the nuclear waste disposal activities to carry out

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

9 the acquisition of real property or facility construction or

10 expansion, $260,000,000 to remain available until ex11 pended, to be derived from the Nuclear Waste Fund. To the

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

13 amounts available for obligation in the account, the Sec14 retary shall exercise her authority pursuant to section

15 302(e)(5) of said Act to issue obligations to the Secretary

16 of the Treasury: Provided, That of the amount herein ap17 propriated, within available funds, not to exceed $5,500,000

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

19 of conduct of its scientific oversight responsibilities pursu20 ant to the Nuclear Waste Policy Act of 1982, Public Law

21 97–425, as amended: Provided further, That of the amount

22 herein appropriated, not more than $7,000,000 may be pro23 vided to affected local governments, as defined in the Act,

24 to conduct appropriate activities pursuant to the Act: Pro25 vided further, That within ninety days of the completion
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1 of each Federal fiscal year, each State or local entity shall

2 provide certification to the Department of Energy, that all

3 funds expended from such payments have been expended for

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

5 Failure to provide such certification shall cause such entity

6 to be prohibited from any further funding provided for

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

8 herein appropriated may be used directly or indirectly to

9 influence legislative action on any matter pending before

10 Congress or a State legislature or for any lobbying activity

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

12 of the funds herein appropriated may be used for litigation

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

14 appropriated may be used to support multistate efforts or

15 other coalition building activities inconsistent with the re16 strictions contained in this Act: Provided further, That

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

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

19 siting a Monitored Retrievable Storage Facility unless the

20 Nuclear Waste Negotiator has first certified to the Secretary

21 of Energy that there is a reasonable likelihood that agree22 ment can be reached among all of the relevant governmental

23 officials in the vicinity of any proposed site.

24 Ω37æPage 23, line 19, strike out ø$3,572,198,000¿ and

25 insert: $3,597,482,000
24

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1 Ω38æPage 24, line 7, strike out ø$5,185,877,000¿ and

2 insert: $5,106,855,000

3 Ω39æPage 24, line 7, after ‘‘expended’’ insert: : Provided,

4 That a total of $8,000,000 shall be transferred from this

5 account to the Environmental Protection Agency for the im6 plementation of the Waste Isolation Pilot Plan Land With7 drawal Act of 1992 and the development of cleanup stand8 ards to guide the Department of Energy’s environmental

9 restoration efforts

10 Ω40æPage 24, line 20, strike out ø$2,046,592,000¿ and

11 insert: $1,963,755,000

12 Ω41æPage 26, line 10, strike out ø$31,757,000¿ and in13 sert: $30,362,000

14 Ω42æPage 28, line 12, strike out ø$287,956,000¿ and

15 insert: $272,956,000

16 Ω43æPage 28, line 13, strike out ø$275,400,000¿ and

17 insert: $260,400,000

18 Ω44æPage 30, line 7, strike out ø$189,000,000¿ and in19 sert: $249,000,000

20 Ω45æPage 30, line 14, strike out ø$15,060,000¿ and in21 sert: $18,060,000
25

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1 Ω46æPage 36, line 1, strike out ø$138,973,000¿ and in2 sert: $140,473,000

3 Ω47æPage 40, after line 3, insert:

4 SEC. 505. BONNEVILLE POWER ADMINISTRATION REPAY5 MENT PROPOSAL

6 Utilizing funds made available in this Act, the Sec7 retary of Energy is urged to submit to the Congress by Feb8 ruary 1, 1994, a legislative proposal to satisfy the Bonne9 ville Power Administration’s entire repayment obligation

10 to the United States Treasury for appropriated investment

11 in the Federal Columbia River Power System: Provided,

12 That such a proposal shall result in maximum deficit re13 duction for the Federal Government in fiscal year 1995

14 through fiscal year 1999, and shall not increase Bonneville

15 Power Administration rates beyond those rates which would

16 result under existing debt repayment policy and practices.

Attest:

Secretary.
26

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