Calendar No. 208

103D CONGRESS

1ST SESSION H. R. 2445

[Report No. 103–147]

AN ACT

Making appropriations for energy and water devel1994, and for other purposes. opment for the fiscal year ending September 30,

JUNE 29 (legislative day, JUNE 22), 1993

Received; read twice and referred to the Committee on

Appropriations

SEPTEMBER 23 (legislative day, SEPTEMBER 7), 1993

Reported with amendments
II

Calendar No. 208

103D CONGRESS

1ST SESSION H. R. 2445

[Report No. 103–147]

IN THE SENATE OF THE UNITED STATES

JUNE 29 (legislative day, JUNE 22), 1993

Received; read twice and referred to the Committee on Appropriations

SEPTEMBER 23 (legislative day, SEPTEMBER 7), 1993

Reported by Mr. JOHNSTON, with amendments

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

AN ACT

Making appropriations for energy and water development

for the fiscal year ending September 30, 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:
2

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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 $208,544,000, to remain available until ex19 pended, of which funds are provided for the following

20 projects in the 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 Central Basin Groundwater Project, California,

8 $750,000;

9 McCook and Thornton Reservoirs, Illinois,

10 $5,500,000;

11 Indianapolis, White River, Central Waterfront,

12 Indiana, $900,000;

13 Little Calumet River Basin (Cady Marsh Ditch),

14 Indiana, $310,000;

15 Ohio River Shoreline Flood Protection, Indiana,

16 $400,000;

17 Hazard, Kentucky, $250,000;

18 Brockton, Massachusetts, $350,000;

19 Passaic River Mainstem, New Jersey,

20 $10,000,000;

21 Pocotaligo River and Swamp, South Carolina,

22 $400,000;

23 Jennings Randolph Lake, West Virginia,

24 $400,000;
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1 Monongahela River Comprehensive, West Vir2 ginia, $600,000; and

3 West Virginia Comprehensive, West Virginia,

4 $500,000:

5 Provided, That notwithstanding ongoing studies using pre6 viously appropriated funds, and using $2,500,000 of the

7 funds appropriated herein, the Secretary of the Army, act8 ing through the Chief of Engineers, is directed to conduct

9 hydraulic modeling, foundations analysis and related de10 sign, and mapping efforts in continuing preconstruction en11 gineering and design for the additional lock at Kentucky

12 Dam, Kentucky project, in accordance with the Kentucky

13 Lock Addition Feasibility Report approved by Report of the

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

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

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

17 to complete a detailed project report, and plans and speci18 fications for a permanent shore erosion protection project

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

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

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

22 herein to continue preconstruction engineering and design,

23 including preparation of the special design report, initi24 ation of National Environmental Policy Act document

25 preparation, and initiation of hydraulic model studies for
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1 the Kaumalapau Harbor navigation study, Lanai, Hawaii:

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

3 to limit the Columbia River Navigation Channel, Oregon

4 and Washington feasibility study to investigation of the fea5 sibility of constructing a navigation channel not to exceed

6 43-feet in depth from the Columbia River entrance to Port

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

8 Project Management Plan accordingly: Provided further,

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

10 of Engineers, is directed to use $400,000 of funds appro11 priated herein to initiate a reconnaissance study, including

12 economic and environmental studies, for the Pocataligo

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

14 the Secretary of the Army, acting through the Chief of Engi15 neers, is directed to use $90,000 of funds appropriated here16 in to complete the reconnaissance study of the Black Fox

17 and Oakland Spring wetland area in Murfreesboro, Ten18 nessee: Provided further, That the Secretary of the Army,

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

20 $200,000 of available funds to initiate the planning and

21 design of remedial measures to restore the environmental

22 integrity and recreational boating facilities at Old Hickory

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

24 with the reconnaissance study findings dated September,

25 1993.
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1 CONSTRUCTION, GENERAL

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

3 shore protection, and related projects authorized by laws;

4 and detailed studies, and plans and specifications, of

5 projects (including those for development with participa6 tion or under consideration for participation by States,

7 local governments, or private groups) authorized or made

8 eligible for selection by law (but such studies shall not con9 stitute a commitment of the Government to construction),

10 $1,389,138,000 $1,296,167,000, to remain available until

11 expended, of which such sums as are necessary pursuant

12 to Public Law 99–662 shall be derived from the Inland

13 Waterways Trust Fund, for one-half of the costs of con14 struction and rehabilitation of inland waterways projects,

15 including rehabilitation costs for the Lock and Dam 25,

16 Mississippi River, Illinois and Missouri, and GIWW-Braz17 os River Floodgates, Texas, projects, and of which funds

18 are provided for the following projects in the amounts

19 specified:

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

21 Red River Emergency Bank Protection, Arkan22 sas, $3,500,000;

23 Coyote and Berryessa Creeks, California,

24 $4,000,000;
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1 Sacramento River Flood Control Project

2 (Glenn-Colusa Irrigation District), California,

3 $400,000;

4 San Timoteo Creek (Santa Ana River

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

6 Sonoma Baylands Wetland Demonstration

7 Project, California, $4,000,000;

8 Central and Southern Florida, Florida,

9 $17,850,000;

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

11 Melaleuca Quarantine Facility, Florida,

12 $1,000,000;

13 Casino Beach, Illinois, $300,000;

14 McCook and Thornton Reservoirs, Illinois,

15 $13,000,000;

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

17 Des Moines Recreational River and Greenbelt,

18 Iowa, $2,700,000;

19 Barbourville (Levisa and Tug Forks of the Big

20 Sandy River and Upper Cumberland River), Ken21 tucky, $3,868,000;

22 Harlan (Levisa and Tug Forks of the Big

23 Sandy River and Upper Cumberland River), Ken24 tucky, $15,432,000;
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1 Pike County (Levisa and Tug Forks of the Big

2 Sandy River and Upper Cumberland River), Ken3 tucky, $5,000,000;

4 Salyersville, Kentucky, $1,000,000;

5 Williamsburg (Levisa and Tug Forks of the Big

6 Sandy River and Upper Cumberland River), Ken7 tucky, $700,000;

8 Lake Pontchartrain and Vicinity (Hurricane

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

10 Lake Pontchartrain and Vicinity (Jefferson

11 Parish), Louisiana, $200,000;

12 Red River Waterway, Mississippi River to

13 Shreveport, Louisiana, $65,000,000;

14 Anacostia River, Maryland and District of Co15 lumbia, $700,000;

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

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

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

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

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

21 New York Harbor Collection and Removal of

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

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

24 Wilmington Harbor Ocean Bar, North Carolina,

25 $5,266,000;
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1 West Columbus, Ohio, $5,000,000;

2 Lackawanna River Greenway Corridor, Penn3 sylvania, $2,000,000;

4 South Central Pennsylvania Environmental

5 Restoration Infrastructure and Resource Protection

6 Development Pilot Program, Pennsylvania,

7 $10,000,000;

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

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

10 $300,000;

11 Red River Basin Chloride Control, Texas and

12 Oklahoma, $4,000,000;

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

14 Richmond Filtration Plant, Virginia,

15 $1,000,000;

16 Southern West Virginia Environmental Res17 toration Infrastructure and Resource Protection De18 velopment Pilot Program, West Virginia,

19 $3,500,000; and

20 State Road and Ebner Coulees, LaCrosse and

21 Shelby, Wisconsin, $1,467,000

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

23 Coyote and Berryessa Creeks, California,

24 $4,000,000;
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1 Sacramento River Flood Control Project (Glenn2 Colusa Irrigation District), California, $400,000;

3 San Timoteo Creek (Santa Ana River

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

5 Sonoma Baylands Wetland Demonstration

6 Project, California, $4,000,000;

7 Central and Southern Florida, Florida,

8 $9,500,000;

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

10 Casino Beach, Illinois, $300,000;

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

12 Des Moines Recreational River and Greenbelt,

13 Iowa, $1,700,000;

14 Pike County (Levisa and Tug Forks of the Big

15 Sandy River and Upper Cumberland River), Ken16 tucky, $5,000,000;

17 Salyersville, Kentucky, $1,000,000;

18 Williamsburg (Levisa and Tug Forks of the Big

19 Sandy River and Upper Cumberland River), Ken20 tucky, $700,000;

21 Lake Pontchartrain and Vicinity (Jefferson Par22 ish), Louisiana, $200,000;

23 Anacostia River, Maryland and District of Co24 lumbia, $700,000;

25 Stillwater, Minnesota, $2,400,000;
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1 Sowashee Creek, Mississippi, $3,240,000;

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

3 New York Harbor Collection and Removal of

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

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

6 $300,000;

7 Red River Basin Chloride Control, Texas and

8 Oklahoma, $4,000,000;

9 Wallisville Lake, Texas, $1,000,000; and

10 Southern West Virginia Environmental Restora11 tion Infrastructure and Resource Protection Develop12 ment Pilot Program, West Virginia, $3,500,000:

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

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

15 available funds to initiate and complete construction of the

16 Finn Revetment portion of the Red River Emergency Bank

17 Protection, Arkansas and Louisiana project: Provided fur18 ther, That the Chief of Engineers is directed to use a fully

19 funded contract for the construction of the Finn Revetment:

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

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

22 the Red River Levees and Bank Stabilization below Denison

23 Dam, Arkansas project, including completion of studies to

24 improve the stability of the levee system from Index, Arkan25 sas to the Louisiana State line and continuation of reha-
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1 bilitation work underway: Provided further, That with

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

3 acting through the Chief of Engineers, is directed to con4 tinue construction of the Bethel, Alaska project authorized

5 by Public Law 99–662, including but not limited to initiat6 ing lands and damages, erosion control construction, and

7 continued related engineering and construction manage8 ment: Provided further, That no fully funded allocation pol9 icy shall apply to the construction of the Bethel, Alaska

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

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

12 $24,119,000 of the funds appropriated herein to continue

13 the Lake Pontchartrain and Vicinity, Louisiana, Hurri14 cane Protection project, including continued construction of

15 parallel protection along Orleans and London Avenue

16 Outfall Canals and the award of continuing contracts for

17 construction of this parallel protection under the same

18 terms and conditions specified for such work under this

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

20 Secretary of the Army, acting through the Chief of Engi21 neers, is directed to use $450,000 of funds appropriated

22 herein to complete the repair and restoration to a safe con23 dition of the existing Tulsa and West Tulsa local protection

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

25 1941, Public Law 73–228: Provided further, That with
14

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1 $19,300,000 of the funds appropriated herein, to remain

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

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

4 undertake structural and nonstructural work associated

5 with the Barbourville, Kentucky, and the Harlan, Ken6 tucky, elements of the Levisa and Tug Forks of the Big

7 Sandy River and Upper Cumberland River project author8 ized by section 202 of Public Law 96–367: Provided further,

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

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

11 acting through the Chief of Engineers, is directed to con12 tinue to undertake structural and nonstructural work asso13 ciated with Matewan, West Virginia, element of the Levisa

14 and Tug Forks of the Big Sandy and Upper Cumberland

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

16 367: Provided further, That with $3,500,000 of the funds

17 appropriated herein, to remain available until expended,

18 the Secretary of the Army, acting through the Chief of Engi19 neers, is directed to continue construction of the Hatfield

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

21 of the Big Sandy and Upper Cumberland River project au22 thorized by section 202 of Public Law 96–367 using con23 tinuing contracts: Provided further, That no fully allocated

24 funding policy shall apply to construction of the Matewan,

25 West Virginia, Hatfield Bottom, West Virginia,
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1 Barbourville, Kentucky, and Harlan, Kentucky, elements of

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

3 Cumberland river project: Provided further, That the Sec4 retary of the Army, acting through the Chief of Engineers,

5 is directed to initiate and complete construction of offshore

6 breakwaters at Grand Isle, Louisiana, as an integral part

7 of the repair of features of the Grand Isle and Vicinity,

8 Louisiana, project damaged by Hurricane Andrew using

9 funds previously appropriated for the purpose in the fiscal

10 year 1992 Dire Emergency Supplemental Appropriations

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

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

13 through the Chief of Engineers, is directed to continue con14 struction of the section 14 bank stabilization program at

15 McGregor Park in Clarksville, Tennessee utilizing heretofore

16 appropriated funds until the Federal funds limit of

17 $550,000 is reached or bank protection for the entire park

18 is completed: Provided further, That using $3,800,000 of the

19 funds appropriated herein, the Secretary of the Army, act20 ing through the Chief of Engineers, is directed to continue

21 with the authorized Ouachita River Levees, Louisiana

22 project in an orderly but expeditious manner; and in addi23 tion, $145,000,000, to remain available until expended, is

24 hereby appropriated for construction of the Red River Wa25 terway, Mississippi River to Shreveport, Louisiana, project,
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1 as authorized by laws, and the Secretary is directed to con2 tinue the second phase of construction of Locks and Dams

3 4 and 5; complete construction of Howard Capout, McDade,

4 Elm Grove, Cecile, Curtis, Sunny Point, and Eagle Bend

5 Phase I and Phase II revetments in Pools 4 and 5, and

6 levee modifications in Pool 5, all of which were previously

7 directed to be initiated; and award continuing contracts in

8 fiscal year 1994 for construction of the following features

9 of the Red River Waterway which are not to be considered

10 fully funded: recreation facilities in Pools 4 and 5,

11 Piermont/Nicholas and Sunny Point Capouts, Lock and

12 Dam 4 Upstream Dikes, Lock and Dam 5 Downstream Ad13 ditional Control Structure, Wells Island Road Revetment,

14 and construction dredging in Pool 4; all as authorized by

15 laws, and the Secretary is further directed to provide an16 nual reimbursement to the projects local sponsor for the

17 Federal share of management costs for the Bayou Bodcau

18 Mitigation Area as authorized by Public Law 101–640, the

19 Water Resources Development Act of 1990.

20 FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES,

21 ARKANSAS, ILLINOIS, KENTUCKY, LOUISIANA, MIS22 SISSIPPI, MISSOURI, AND TENNESSEE

23 For expenses necessary for prosecuting work of flood

24 control, and rescue work, repair, restoration, or mainte25 nance of flood control projects threatened or destroyed by
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1 flood, as authorized by law (33 U.S.C. 702a, 702g–1),

2 $352,475,000 $348,875,000, to remain available until ex3 pended, of which $2,400,000 is provided for the Eastern

4 Arkansas Region, Arkansas, project.

5 OPERATION AND MAINTENANCE, GENERAL

6 For expenses necessary for the preservation, oper7 ation, maintenance, and care of existing river and harbor,

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

9 may be necessary for the maintenance of harbor channels

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

11 outside of harbor lines, and serving essential needs of gen12 eral commerce and navigation; surveys and charting of

13 northern and northwestern lakes and connecting waters;

14 clearing and straightening channels; and removal of ob15 structions to navigation, $1,691,350,000 $1,673,704,000,

16 to remain available until expended, of which such sums

17 as become available in the Harbor Maintenance Trust

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

19 from that fund, and of which $18,000,000 shall be for

20 construction, operation, and maintenance of outdoor recre21 ation facilities, to be derived from the special account es22 tablished by the Land and Water Conservation Act of

23 1965, as amended (16 U.S.C. 460l), and of which funds

24 are provided for the following projects in the amounts

25 specified:
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1 Tucson Diversion Channel, Arizona, $550,000;

2 Los Angeles River (Sepulveda Basin to Arroyo

3 Seco), California, $400,000;

4 Oceanside Experimental Sand Bypass, Califor5 nia, $4,000,000;

6 Los Angeles County Drainage Area (Hansen

7 Dam), California, $2,790,000; and

8 Flint River Flood Control, Michigan,

9 $2,500,000;

10 Sauk Lake, Minnesota, $40,000;–and

11 New Madrid County Harbor, Missouri,

12 $250,000:

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

14 for obligation for national emergency preparedness

15 programs: Provided further, That the Secretary of the

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

17 to use $5,000,000 of available funds to undertake and com18 plete critical maintenance items for water supply of the

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

20 facilities to the Commonwealth of Kentucky: Provided fur21 ther, That the Secretary of the Army is directed during fis22 cal year 1994 to maintain a minimum conservation pool

23 level of 475.5 at Wister Lake in Oklahoma: Provided fur24 ther, That the Secretary of the Army, acting through the

25 Chief of Engineers, is directed to use Operation and Main-
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1 tenance funds and complete, in coordination with the sched2 ule for feasibility phase, studies to deepen the Columbia

3 River navigation channel, long-term dredge disposal plans

4 for the existing authorized Columbia River Navigation

5 Channel project, including associated fish and wildlife

6 studies.

7 REGULATORY PROGRAM

8 For expenses necessary for administration of laws

9 pertaining to regulation of navigable waters and wetlands,

10 $92,000,000, to remain available until expended.

11 FLOOD CONTROL AND COASTAL EMERGENCIES

12 For expenses necessary for emergency flood control,

13 hurricane, and shore protection activities, as authorized

14 by section 5 of the Flood Control Act approved August

15 18, 1941, as amended, $20,000,000, to remain available

16 until expended.

17 OIL SPILL RESEARCH

18 For expenses necessary to carry out the purposes of

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

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

21 from the Fund and to remain available until expended.

22 GENERAL EXPENSES

23 For expenses necessary for general administration

24 and related functions in the Office of the Chief of Engi25 neers and offices of the Division Engineers; activities of
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1 the Coastal Engineering Research Board, the Humphreys

2 Engineer Center Support Activity, and the Water Re3 sources Support Center, $148,500,000, to remain avail4 able until expended: Provided, That not to exceed

5 $54,855,000 of the funds provided in this Act shall be

6 available for general administration and related functions

7 in the Office of the Chief of Engineers Provided, That not

8 to exceed $58,255,000 of the funds provided in this Act shall

9 be available for general administration and related func10 tions in the Office of the Chief of Engineers, unless the Sec11 retary of the Army determines that additional obligations

12 are necessary for such purposes and notifies the Committees

13 on Appropriations of both Houses of Congress of the Sec14 retary’s determination and the reasons therefore: Provided

15 further, That no part of any other appropriation provided

16 in title I of this Act shall be available to fund the activities

17 of the Office of the Chief of Engineers.

18 ADMINISTRATIVE PROVISIONS

19 During the current fiscal year the revolving fund,

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

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

22 motor vehicles.
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1 GENERAL PROVISIONS

2 CORPS OF ENGINEERS—CIVIL

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

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

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

6 be used to transfer any functions of any Corps of Engi7 neers District Office.

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

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

10 Secretary of the Army for Civil Works.

11 SEC. 104. Any funds heretofore appropriated and

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

13 provisions for the harbor modifications of the Cleveland

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

15 and in Public Law 102–104 for the development of Gate16 way Park at the Lower Granite Lock and Dam Project,

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

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

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

20 shall be used to implement Defense Management Review

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

22 from the Corps of Engineers property accountability of

23 automated data processing equipment and software ac24 quired with funds from the revolving fund established by

25 the Act of July 27, 1953, chapter 245, 33 U.S.C. 576.
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1 SEC. 106. In fiscal year 1994, the Secretary shall ad2 vertise for competitive bid at least 7,500,000 cubic yards

3 of the hopper dredge volume accomplished with Govern4 ment-owned dredges in fiscal year 1992.

5 Notwithstanding the provisions of this section, the Sec6 retary is authorized to use the dredge fleet of the Corps of

7 Engineers to undertake projects when industry does not per8 form as required by the contract specifications or when the

9 bids are more than 25 percent in excess of what the Sec10 retary determines to be a fair and reasonable estimated cost

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

12 to emergency requirements.

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

14 the Secretary of the Army, acting through the Chief of Engi15 neers, is authorized to reprogram, obligate and expend such

16 additional sums as necessary to continue construction and

17 cover anticipated contract earnings of any water resources

18 project which received an appropriation or allowance for

19 construction in or through an appropriations Act or resolu20 tion of a current or last preceding fiscal year, in order to

21 prevent the termination of a contract or the delay of sched22 uled work.
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1 TITLE II

2 DEPARTMENT OF THE INTERIOR

3 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

4 For the purpose of carrying out provisions of the

5 Central Utah Project Completion Act, Public Law 102–

6 575 (106 Stat. 4605), $25,770,000 $24,770,000, to remain

7 available until expended, of which $15,920,000

8 $14,920,000 shall be available to carry out the activities

9 authorized under title II of the Act and for feasibility stud10 ies of alternatives to the Uintah and Upalco Units, and

11 of which $9,850,000 shall be deposited into the Utah Rec12 lamation Mitigation and Conservation Account: Provided,

13 That of the amounts deposited into the Account,

14 $5,000,000 shall be considered the Federal Contribution

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

16 $4,850,000 shall be available to the Utah Reclamation

17 Mitigation and Conservation Commission to carry out the

18 activities authorized under title III of the Act: Provided

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

20 of the amounts available for activities authorized under

21 title II of the Act, not to exceed $500,000 shall be avail22 able for necessary expenses incurred in carrying out the

23 responsibilities of the Secretary of the Interior under the

24 Act.
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1 In addition, for necessary expenses incurred in carry2 ing out responsibilities of the Secretary of the Interior

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

4 expended.

5 BUREAU OF RECLAMATION

6 For carrying out the functions of the Bureau of Rec7 lamation as provided in the Federal reclamation laws (Act

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

9 thereof or supplementary thereto) and other Acts applica10 ble to that Bureau as follows:

11 GENERAL INVESTIGATIONS

12 For engineering and economic investigations of pro13 posed Federal reclamation projects and studies of water

14 conservation and development plans and activities prelimi15 nary to the reconstruction, rehabilitation and betterment,

16 financial adjustment, or extension of existing projects, to

17 remain available until expended, $13,109,000 $14,409,000:

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

19 program activities which can be financed by the reclama20 tion fund shall be derived from that fund: Provided fur21 ther, That funds contributed by non-Federal entities for

22 purposes similar to this appropriation shall be available

23 for expenditure for the purposes for which contributed as

24 though specifically appropriated for said purposes, and

25 such amounts shall remain available until expended.
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HR 2445 RS

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 $460,898,000 of which $46,507,000

8 shall be available for transfer to the Upper Colorado River

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

10 11, 1956 (43 U.S.C. 620d), and $160,470,000 shall be

11 available for transfer to the Lower Colorado River Basin

12 Development Fund authorized by section 403 of the Act

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

14 amounts as may be necessary shall be considered as

15 though advanced to the Colorado River Dam Fund for the

16 Boulder Canyon Project as authorized by the Act of De17 cember 21, 1928, as amended: Provided, That of the total

18 appropriated, the amount for program activities which can

19 be financed by the reclamation fund shall be derived from

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

21 Colorado River Basin Fund and Lower Colorado River

22 Basin Development Fund may be increased or decreased

23 by transfers within the overall appropriation under this

24 heading: Provided further, That funds contributed by non25 Federal entities for purposes similar to this appropriation

26 shall be available for expenditure for the purposes for
26

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1 which contributed as though specifically appropriated for

2 said purposes, and such funds shall remain available until

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

4 herein approved shall be available for construction or oper5 ation of facilities to prevent waters of Lake Powell from

6 entering any national monument: Provided further, That

7 all costs of the safety of dams modification work at Coo8 lidge Dam, San Carlos Irrigation Project, Arizona, per9 formed under the authority of the Reclamation Safety of

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

11 addition 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
27

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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 $12,900,000, to remain available until

5 expended, as authorized by the Small Reclamation

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

7 422a–422l): Provided, That such costs, including the cost

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

9 of the Congressional Budget Act of 1974: Provided fur10 ther, That these funds are available to subsidize gross obli11 gations for the principal amount of direct loans not to ex12 ceed $18,726,000 $21,000,000.

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
29

HR 2445 RS

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.
30

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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
31

HR 2445 RS

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, $3,271,286,000,

12 to remain available until expended.

13 URANIUM SUPPLY AND ENRICHMENT ACTIVITIES

14 For expenses of the uranium program, including pay15 ment to the Tennessee Valley Authority under the settle16 ment agreement filed with the United States Claims Court

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

18 until expended.

19 For expenses of the Department of Energy in connec20 tion with operating expenses; the purchase, construction,

21 and acquisition of plant and capital equipment and other

22 expenses incidental thereto necessary for residual uranium

23 supply and enrichment activities in carrying out the pur24 poses of the Department of Energy Organization Act (42

25 U.S.C. 7101, et seq.) and the Energy Policy Act (Public
32

HR 2445 RS

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

2 condemnation of any real property or any facility or for

3 plant or facility acquisition, construction, or expansion;

4 purchase of electricity as necessary and payment to the

5 Tennessee Valley Authority under the settlement agreement

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

7 1987; purchase of passenger motor vehicles (not to exceed

8 5, of which 5 are for replacement only), $247,092,000, to

9 remain available until expended: Provided, That revenues

10 received by the Department for residual uranium enrich11 ment activities authorized by section 201 of Public Law 95–

12 238, and estimated to total $70,000,000 in fiscal year 1994,

13 shall be retained and used for the specific purpose of offset14 ting costs incurred by the Department for such activities,

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

16 Code: Provided further, That the sum herein appropriated

17 shall be reduced as revenues are received during fiscal year

18 1994 so as to result in a final fiscal year 1994 appropria19 tion estimated at not more than $177,092,000.

20 URANIUM ENRICHMENT DECONTAMINATION AND

21 DECOMMISSIONING FUND

22 (INCLUDING TRANSFER OF FUNDS)

23 For necessary expenses in carrying out uranium en24 richment facility decontamination and decommissioning,

25 remedial actions and other activities of title II of the
33

HR 2445 RS

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

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

3 from the fund, to remain available until expended; and in

4 addition, $49,679,000 in unexpended balances, consisting

5 of $6,267,000 of unobligated balances and $43,412,000

6 of obligated and in addition, an estimated $49,679,000 in

7 unexpended balances, consisting of an estimated $6,267,000

8 of unobligated balances and an estimated $43,412,000 of

9 obligated balances, are transferred from the Uranium Sup10 ply and Enrichment Activities account, to be available for

11 such expenses.

12 GENERAL SCIENCE AND RESEARCH ACTIVITIES

13 For expenses of the Department of Energy activities

14 including the purchase, construction and acquisition of

15 plant and capital equipment and other expenses incidental

16 thereto necessary for general science and research activi17 ties in carrying out the purposes of the Department of

18 Energy Organization Act (42 U.S.C. 7101, et seq.), in19 cluding the acquisition or condemnation of any real prop20 erty or facility or for plant or facility acquisition, construc21 tion, or expansion; purchase of passenger motor vehicles

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

23 to remain available until expended: Provided, That no

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

25 until completion, by October 31, 1993, of a technical re-
34

HR 2445 RS

1 view of the Cornell and Stanford linear accelerator propos2 als by the Department of Energy and the National Science

3 Foundation:–Provided further, $1,615,114,000, to remain

4 available until expended: Provided, That none of the funds

5 made available under this section for Department of En6 ergy facilities may be obligated or expended for food, bev7 erages, receptions, parties, country club fees, plants or

8 flowers pursuant to any cost-reimbursable contract.

9 NUCLEAR WASTE DISPOSAL FUND

10 For nuclear waste disposal activities to carry out the

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

12 the acquisition of real property or facility construction or

13 expansion, $260,000,000, to remain available until ex14 pended, to be derived from the Nuclear Waste Fund. To

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

16 cover amounts available for obligation in the account, the

17 Secretary shall exercise her authority pursuant to section

18 302(e)(5) of said Act to issue obligations to the Secretary

19 of the Treasury: Provided, That of the amount herein ap20 propriated, within available funds, not to exceed herein ap21 propriated, within available funds, not to exceed

22 $5,500,000 may be provided to the State of Nevada, for

23 the sole purpose in the conduct of its oversight responsibil24 ities pursuant to the Nuclear Waste Policy Act of 1982,

25 Public Law 97–425, as amended: Provided further, That
35

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1 of the amount herein appropriated, not more than

2 $7,000,000 may be provided to affected local governments,

3 as defined in the Act, to conduct appropriate activities

4 pursuant to the Act.

5 For the nuclear waste disposal activities to carry out

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

7 the acquisition of real property or facility construction or

8 expansion, $260,000,000 to remain available until ex9 pended, to be derived from the Nuclear Waste Fund. To the

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

11 amounts available for obligation in the account, the Sec12 retary shall exercise her authority pursuant to section

13 302(e)(5) of said Act to issue obligations to the Secretary

14 of the Treasury: Provided, That of the amount herein ap15 propriated, within available funds, not to exceed $5,500,000

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

17 of conduct of its scientific oversight responsibilities pursu18 ant to the Nuclear Waste Policy Act of 1982, Public Law

19 97–425, as amended: Provided further, That of the amount

20 herein appropriated, not more than $7,000,000 may be pro21 vided to affected local governments, as defined in the Act,

22 to conduct appropriate activities pursuant to the Act: Pro23 vided further, That within ninety days of the completion

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

25 provide certification to the Department of Energy, that all
36

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1 funds expended from such payments have been expended for

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

3 Failure to provide such certification shall cause such entity

4 to be prohibited from any further funding provided for

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

6 herein appropriated may be used directly or indirectly to

7 influence legislative action on any matter pending before

8 Congress or a State legislature or for any lobbying activity

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

10 of the funds herein appropriated may be used for litigation

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

12 appropriated may be used to support multistate efforts or

13 other coalition building activities inconsistent with the re14 strictions contained in this Act.

15 ISOTOPE PRODUCTION AND DISTRIBUTION PROGRAM

16 FUND

17 For Department of Energy expenses for isotope pro18 duction and distribution activities, $3,910,000, to remain

19 available until expended.

20 ATOMIC ENERGY DEFENSE ACTIVITIES

21 WEAPONS ACTIVITIES

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 weapons activities in carrying out
37

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1 the purposes of the Department of Energy Organization

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

3 or condemnation of any real property or any facility or

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

5 the purchase of passenger motor vehicles (not to exceed

6 109 for replacement only, including one police-type vehi7 cle), and the purchase of one rotary-wing aircraft,

8 $3,572,198,000 $3,597,482,000, to remain available until

9 expended.

10 DEFENSE ENVIRONMENTAL RESTORATION AND WASTE

11 MANAGEMENT

12 For Department of Energy expenses, including the

13 purchase, construction and acquisition of plant and capital

14 equipment and other incidental expenses necessary for

15 atomic energy defense environmental restoration and

16 waste management activities in carrying out the purposes

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

18 7101, et seq.), including the acquisition or condemnation

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

20 acquisition, construction, or expansion; and the purchase

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

22 122 are for replacement only including 9 police-type vehi23 cles), $5,185,877,000 $5,106,855,000, to remain available

24 until expended: Provided, That a total of $8,000,000 shall

25 be transferred from this account to the Environmental Pro26 tection Agency for the implementation of the Waste Isola-
38

HR 2445 RS

1 tion Pilot Plan Land Withdrawal Act of 1992 and the de2 velopment of cleanup standards to guide the Department

3 of Energy’s environmental restoration efforts.

4 MATERIALS SUPPORT AND OTHER DEFENSE PROGRAMS

5 (INCLUDING TRANSFER OF FUNDS)

6 For Department of Energy expenses, including the

7 purchase, construction and acquisition of plant and capital

8 equipment and other incidental expenses necessary for

9 atomic energy defense materials support, and other de10 fense activities in carrying out the purposes of the Depart11 ment of Energy Organization Act (42 U.S.C. 7101, et

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

13 real property or any facility or for plant or facility acquisi14 tion, construction, or expansion; and the purchase of pas15 senger motor vehicles (not to exceed 45 for replacement

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

17 until expended: Provided, That the New Production Reac18 tor Appropriation Account shall be merged with and the

19 balances made available to this appropriation.

20 DEFENSE NUCLEAR WASTE DISPOSAL

21 For nuclear waste disposal activities to carry out the

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

23 the acquisition of real property or facility construction or

24 expansion, $120,000,000, to remain available until ex25 pended, all of which shall be used in accordance with the

26 terms and conditions of the Nuclear Waste Fund appro-
39

HR 2445 RS

1 priation of the Department of Energy contained in this

2 title.

3 DEPARTMENTAL ADMINISTRATION

4 For salaries and expenses of the Department of En5 ergy necessary for Departmental Administration and other

6 activities in carrying out the purposes of the Department

7 of Energy Organization Act (42 U.S.C. 7101, et seq.), in8 cluding the hire of passenger motor vehicles and official

9 reception and representation expenses (not to exceed

10 $35,000), $401,238,000 to remain available until ex11 pended, plus such additional amounts as necessary to

12 cover increases in the estimated amount of cost of work

13 for others notwithstanding the provisions of the Anti-Defi14 ciency Act (31 U.S.C. 1511, et seq.): Provided, That such

15 increases in cost of work are offset by revenue increases

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

17 expended: Provided further, That moneys received by the

18 Department for miscellaneous revenues estimated to total

19 $239,209,000 in fiscal year 1994 may be retained and

20 used for operating expenses within this account, and may

21 remain available until expended, as authorized by section

22 201 of Public Law 95–238, notwithstanding the provisions

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

24 further, That the sum herein appropriated shall be reduced

25 by the amount of miscellaneous revenues received during
40

HR 2445 RS

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

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

3 OFFICE OF THE INSPECTOR GENERAL

4 For necessary expenses of the Office of the Inspector

5 General in carrying out the provisions of the Inspector

6 General Act of 1978, as amended, $31,757,000

7 $30,362,000, to remain available until expended.

8 POWER MARKETING ADMINISTRATIONS

9 OPERATION AND MAINTENANCE, ALASKA POWER

10 ADMINISTRATION

11 For necessary expenses of operation and maintenance

12 of projects in Alaska and of marketing electric power and

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

14 BONNEVILLE POWER ADMINISTRATION FUND

15 Expenditures from the Bonneville Power Administra16 tion Fund, established pursuant to Public Law 93–454,

17 are approved for official reception and representation ex18 penses in an amount not to exceed $3,000.

19 During fiscal year 1994, no new direct loan obliga20 tions may be made.

21 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

22 ADMINISTRATION

23 For necessary expenses of operation and maintenance

24 of power transmission facilities and of marketing electric

25 power and energy pursuant to the provisions of section
41

HR 2445 RS

1 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as

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

3 remain available until expended.

4 OPERATION AND MAINTENANCE, SOUTHWESTERN

5 POWER ADMINISTRATION

6 For necessary expenses of operation and maintenance

7 of power transmission facilities and of marketing electric

8 power and energy, and for construction and acquisition of

9 transmission lines, substations and appurtenant facilities,

10 and for administrative expenses, including official recep11 tion and representation expenses in an amount not to ex12 ceed $1,500 connected therewith, in carrying out the pro13 visions of section 5 of the Flood Control Act of 1944 (16

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

15 $33,587,000, to remain available until expended; in addi16 tion, notwithstanding the provisions of 31 U.S.C. 3302,

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

18 available until expended.

19 CONSTRUCTION, REHABILITATION, OPERATION AND

20 MAINTENANCE, WESTERN AREA POWER ADMINIS21 TRATION

22 (INCLUDING TRANSFER OF FUNDS)

23 For carrying out the functions authorized by title III,

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

25 U.S.C. 7101, et seq.), and other related activities includ-
42

HR 2445 RS

1 ing conservation and renewable resources programs as au2 thorized, including official reception and representation

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

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

5 replacement only, $287,956,000 $272,956,000, to remain

6 available until expended, of which $275,400,000

7 $260,400,000 shall be derived from the Department of the

8 Interior Reclamation fund; in addition, $5,000,000 is ap9 propriated for deposit into the Utah Reclamation Mitiga10 tion and Conservation Account pursuant to title IV of the

11 Reclamation Projects Authorization and Adjustment Act

12 of 1992: Provided further, That the Secretary of the

13 Treasury is authorized to transfer from the Colorado

14 River Dam Fund to the Western Area Power Administra15 tion $7,168,000, to carry out the power marketing and

16 transmission activities of the Boulder Canyon project as

17 provided in section 104(a)(4) of the Hoover Power Plant

18 Act of 1984, to remain available until expended.

19 FEDERAL ENERGY REGULATORY COMMISSION

20 SALARIES AND EXPENSES

21 For necessary expenses of the Federal Energy Regu22 latory Commission to carry out the provisions of the De23 partment of Energy Organization Act (42 U.S.C. 7101,

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

25 3109, including the hire of passenger motor vehicles; offi-
43

HR 2445 RS

1 cial reception and representation expenses (not to exceed

2 $3,000); $165,375,000 to remain available until expended:

3 Provided, That hereafter and notwithstanding any other

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

5 from fees and annual charges, and other services and col6 lections in fiscal year 1994, shall be retained and used

7 for necessary expenses in this account, and shall remain

8 available until expended: Provided further, That the sum

9 herein appropriated shall be reduced as revenues are re10 ceived during fiscal year 1994, so as to result in a final

11 fiscal year 1994 appropriation estimated at not more than

12 $0.

13 TITLE IV

14 INDEPENDENT AGENCIES

15 APPALACHIAN REGIONAL COMMISSION

16 For expenses necessary to carry out the programs au17 thorized by the Appalachian Regional Development Act of

18 1965, as amended, notwithstanding section 405 of said

19 Act, and for necessary expenses for the Federal Cochair20 man and the alternate on the Appalachian Regional Com21 mission and for payment of the Federal share of the ad22 ministrative expenses of the Commission, including serv23 ices as authorized by section 3109 of title 5, United States

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

25 available until expended, $189,000,000 $249,000,000.
44

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1 DEFENSE NUCLEAR FACILITIES SAFETY

2 BOARD

3 SALARIES AND EXPENSES

4 For necessary expenses of the Defense Nuclear Fa5 cilities Safety Board in carrying out activities authorized

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

7 Law 100–456, section 1441, $15,060,000 $18,060,000, to

8 remain available until expended.

9 DELAWARE RIVER BASIN COMMISSION

10 SALARIES AND EXPENSES

11 For expenses necessary to carry out the functions of

12 the United States member of the Delaware River Basin

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

14 $333,000.

15 CONTRIBUTION TO DELAWARE RIVER BASIN

16 COMMISSION

17 For payment of the United States share of the cur18 rent expenses of the Delaware River Basin Commission,

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

20 INTERSTATE COMMISSION ON THE POTOMAC

21 RIVER BASIN

22 CONTRIBUTION TO INTERSTATE COMMISSION ON THE

23 POTOMAC RIVER BASIN

24 To enable the Secretary of the Treasury to pay in

25 advance to the Interstate Commission on the Potomac
45

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1 River Basin the Federal contribution toward the expenses

2 of the Commission during the current fiscal year in the

3 administration of its business in the conservancy district

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

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

6 (Public Law 91–407), $498,000.

7 NUCLEAR REGULATORY COMMISSION

8 SALARIES AND EXPENSES

9 (INCLUDING TRANSFER OF FUNDS)

10 For necessary expenses of the Commission in carry11 ing out the purposes of the Energy Reorganization Act

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

13 as amended, including the employment of aliens; services

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

15 publication and dissemination of atomic information; pur16 chase, repair, and cleaning of uniforms, official represen17 tation expenses (not to exceed $20,000); reimbursements

18 to the General Services Administration for security guard

19 services; hire of passenger motor vehicles and aircraft,

20 $542,900,000, to remain available until expended, of

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

22 Waste Fund: Provided, That from this appropriation,

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

24 Government for the performance of the work for which

25 this appropriation is made, and in such cases the sums
46

HR 2445 RS

1 so transferred may be merged with the appropriation to

2 which transferred: Provided further, That moneys received

3 by the Commission for the cooperative nuclear safety re4 search program, services rendered to foreign governments

5 and international organizations, and the material and in6 formation access authorization programs, including crimi7 nal history checks under section 149 of the Atomic Energy

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

9 salaries and expenses associated with those activities, not10 withstanding the provisions of section 3302 of title 31,

11 United States Code, and shall remain available until ex12 pended: Provided further, That revenues from licensing

13 fees, inspection services, and other services and collections

14 estimated at $520,900,000 in fiscal year 1994 shall be re15 tained and used for necessary salaries and expenses in this

16 account, notwithstanding the provisions of section 3302

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

18 until expended: Provided further, That the sum herein ap19 propriated shall be reduced by the amount of revenues re20 ceived during fiscal year 1994 from licensing fees, inspec21 tion services and other services and collections, excluding

22 those moneys received for the cooperative nuclear safety

23 research program, services rendered to foreign govern24 ments and international organizations, and the material

25 and information access authorization programs, so as to
47

HR 2445 RS

1 result in a final fiscal year 1994 appropriation estimated

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

3 OFFICE OF INSPECTOR GENERAL

4 (INCLUDING TRANSFER OF FUNDS)

5 For necessary expenses of the Office of Inspector

6 General in carrying out the provisions of the Inspector

7 General Act of 1978, as amended, including services au8 thorized by section 3109 of title 5, United States Code,

9 $4,800,000 to remain available until expended; and in ad10 dition, an amount not to exceed 5 percent of this sum may

11 be transferred from Salaries and Expenses, Nuclear Regu12 latory Commission: Provided, That notice of such trans13 fers shall be given to the Committees on Appropriations

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

15 appropriation, transfers of sums may be made to other

16 agencies of the Government for the performance of the

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

18 cases the sums so transferred may be merged with the

19 appropriation to which transferred: Provided further, That

20 revenues from licensing fees, inspection services, and other

21 services and collections shall be retained and used for nec22 essary salaries and expenses in this account, notwithstand23 ing the provisions of section 3302 of title 31, United

24 States Code, and shall remain available until expended:

25 Provided further, That the sum herein appropriated shall
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1 be reduced by the amount of revenues received during fis2 cal year 1994 from licensing fees, inspection services, and

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

4 fiscal year 1994 appropriation estimated at not more than

5 $0.

6 NUCLEAR WASTE TECHNICAL REVIEW BOARD

7 SALARIES AND EXPENSES

8 (INCLUDING TRANSFER OF FUNDS)

9 For necessary expenses of the Nuclear Waste Tech10 nical Review Board, as authorized by Public Law 100–

11 203, section 5051, $2,160,000, to be transferred from the

12 Nuclear Waste Fund and to remain available until ex13 pended.

14 OFFICE OF THE NUCLEAR WASTE NEGOTIATOR

15 SALARIES AND EXPENSES

16 For necessary expenses of the office of the Nuclear

17 Waste Negotiator in carrying out activities authorized by

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

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

20 available until expended.

21 SUSQUEHANNA RIVER BASIN COMMISSION

22 SALARIES AND EXPENSES

23 For expenses necessary to carry out the functions of

24 the United States member of the Susquehanna River
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1 Basin Commission as authorized by law (84 Stat. 1541),

2 $308,000.

3 CONTRIBUTION TO SUSQUEHANNA RIVER BASIN

4 COMMISSION

5 For payment of the United States share of the cur6 rent expenses of the Susquehanna River Basin Commis7 sion, as authorized by law (84 Stat. 1530, 1531),

8 $298,000.

9 TENNESSEE VALLEY AUTHORITY

10 TENNESSEE VALLEY AUTHORITY FUND

11 For the purpose of carrying out the provisions of the

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

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

14 and operation of aircraft, and purchase and hire of pas15 senger motor vehicles, $138,973,000 $140,473,000, to re16 main available until expended.

17 TITLE V—GENERAL PROVISION

18 MINORITY PARTICIPATION IN THE

19 SUPERCONDUCTING SUPER COLLIDER

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

21 304 of the Energy and Water Development Appropriations

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

23 amended—

24 (1) in subsection (a)—
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1 (A) by striking ‘‘owned or controlled’’ and

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

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

4 the following: ‘‘; or (2) are small business con5 cerns that are at least 51 percent owned by 1

6 or more women and whose management and

7 daily business operations are controlled by 1 or

8 more women’’; and

9 (C) by striking the last sentence;

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

11 place it appears; and

12 (3) by adding at the end the following new sub13 section:

14 ‘‘(c) ADMINISTRATION OF PROGRAM.—

15 ‘‘(1) CERTIFICATION REQUIREMENT.—A busi16 ness concern or other organization shall be eligible

17 for participation under this section only if it has

18 been certified as meeting the requirements specified

19 in subsection (a) by the Small Business Administra20 tion, or by a State, local, regional, or other organiza21 tion designated by the Small Business Administra22 tion.

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

24 of Energy, with respect to the Superconducting

25 Super Collider project, shall—
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1 ‘‘(A) submit to the Congress copies of—

2 ‘‘(i) each subcontracting report for in3 dividual contracts (SF294) required under

4 the Federal Acquisition Regulation (48

5 CFR chapter 1) to be submitted by a con6 tractor or subcontractor with respect to the

7 project; and

8 ‘‘(ii) each summary subcontract report

9 (SF295) required under the Federal Ac10 quisition Regulation (48 CFR chapter 1)

11 to be submitted by a contractor or sub12 contractor with respect to the project; and

13 ‘‘(B) maintain accurate information and

14 data on the amount and type of subcontracts

15 awarded by each contractor or subcontractor

16 under the project and the extent of participa17 tion in the subcontracts by socially and eco18 nomically disadvantaged individuals and eco19 nomically disadvantaged women referred to in

20 subsection (b).

21 ‘‘(3) CATEGORIES OF WORK TO BE IN22 CLUDED.—The Secretary of Energy shall, to the

23 fullest extent possible, ensure that the categories of

24 work performed under contracts entered into pursu25 ant to this section are representative of all cat-
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1 egories of work performed under contract for the

2 Superconducting Super Collider project.

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

4 conduct periodic audits to verify the continuing com5 pliance of prime contractors and subcontractors with

6 the requirements of this section. For such purpose,

7 the Secretary shall have access to such reports and

8 records of prime contractors and subcontractors as

9 the Secretary determines to be necessary.’’.

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

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

12 SEC. 502. COMPLIANCE WITH BUY AMERICAN ACT.

13 No funds appropriated pursuant to this Act may be

14 expended by an entity unless the entity agrees that in ex15 pending the assistance the entity will comply with sections

16 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a–

17 10c, popularly known as the ‘‘Buy American Act’’).

18 SEC. 503. SENSE OF CONGRESS; REQUIREMENT REGARD19 ING NOTICE.

20 (a) PURCHASE OF AMERICAN-MADE EQUIPMENT

21 AND PRODUCTS.—In the case of any equipment or prod22 ucts that may be authorized to be purchased with financial

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

24 Congress that entities receiving such assistance should, in
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1 expending the assistance, purchase only American-made

2 equipment and products.

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

4 providing financial assistance under this Act, the head of

5 each Federal agency shall provide to each recipient of the

6 assistance a notice describing the statement made in sub7 section (a) by the Congress.

8 SEC. 504. PROHIBITION OF CONTRACTS.

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

10 agency that any person intentionally affixed a label bear11 ing a ‘‘Made in America’’ inscription, or any inscription

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

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

14 States, such person shall be ineligible to receive any con15 tract or subcontract made with funds provided pursuant

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

17 ineligibility procedures described in section 9.400 through

18 9.409 of title 48, Code of Federal Regulations.

19 SEC. 505. BONNEVILLE POWER ADMINISTRATION REPAY20 MENT PROPOSAL

21 Utilizing funds made available in this Act, the Sec22 retary of Energy is directed to submit to the Congress by

23 February 1, 1994, a legislative proposal to satisfy the Bon24 neville Power Administration’s entire repayment obligation

25 to the United States Treasury for appropriated investment
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1 in the Federal Columbia River Power System: Provided,

2 That such a proposal shall result in maximum deficit re3 duction for the Federal Government in fiscal year 1995

4 through fiscal year 1999, and shall not increase Bonneville

5 Power Administration rates beyond those rates which would

6 result under existing debt repayment policy and practices.

7 This Act may be cited as the ‘‘Energy and Water De8 velopment Appropriations Act, 1994’’.

Passed the House of Representatives June 23, 1993.

Attest: DONNALD K. ANDERSON,

Clerk.

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