IB
103D CONGRESS
1ST SESSION
H. R. 2445
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 30, 1993
Order to be printed with the amendments of the Senate numbered
AN ACT
Making appropriations for energy and water development
for the fiscal year ending September 30, 1994, and for
other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 1994, for energy and
water development, and for other purposes, namely:
TITLE I
DEPARTMENT OF DEFENSE—CIVIL
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS—CIVIL
The following appropriations shall be expended under
the direction of the Secretary of the Army and the super-
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vision of the Chief of Engineers for authorized civil func-
tions of the Department of the Army pertaining to rivers
and harbors, flood control, beach erosion, and related
purposes.
GENERAL INVESTIGATIONS
For expenses necessary for the collection and study
of basic information pertaining to river and harbor, flood
control, shore protection, and related projects, restudy of
authorized projects, miscellaneous investigations, and
when authorized by laws, surveys and detailed studies and
plans and specifications of projects prior to construction,
Ω1æ$207,540,000 $208,544,000, to remain available until
expended, of which funds are provided for the following
projects in the amounts specified:
Ω2æCentral Basin Groundwater Project, Cali-
fornia, $750,000;
Los Angeles County Water Conservation, Cali-
fornia, $100,000;
Los Angeles River Watercourse Improvement,
California, $300,000;
Norco Bluffs, California, $150,000;
Rancho Palos Verdes, California, $80,000;
Biscayne Bay, Florida, $700,000;
Tampa Harbor, Alafia River and Big Bend,
Florida, $250,000;
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Indianapolis, White River, Central Waterfront,
Indiana, $4,000,000;
Lake George, Hobart, Indiana, $200,000;
Little
Calumet
River
Basin
(Cady
Marsh
Ditch), Indiana, $310,000;
Ohio River Shoreline Flood Protection, Indiana,
$400,000;
Hazard, Kentucky, $250,000;
Brockton, Massachusetts, $350,000;
Passaic
River
Mainstem,
New
Jersey,
$17,000,000;
Broad Top Region, Pennsylvania, $400,000;
Juniata River Basin, Pennsylvania, $450,000;
Lackawanna River Basin Greenway Corridor,
Pennsylvania, $300,000;
Pocotaligo River and Swamp, South Carolina,
$400,000;
Jennings
Randolph
Lake,
West
Virginia,
$400,000;
Monongahela River Comprehensive, West Vir-
ginia, $600,000; and
West Virginia Comprehensive, West Virginia,
$500,000
Central Basin Groundwater Project, California,
$750,000;
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McCook 
and 
Thornton 
Reservoirs, 
Illinois,
$5,500,000;
Indianapolis, White River, Central Waterfront,
Indiana, $900,000;
Little Calumet River Basin (Cady Marsh Ditch),
Indiana, $310,000;
Ohio River Shoreline Flood Protection, Indiana,
$400,000;
Hazard, Kentucky, $250,000;
Brockton, Massachusetts, $350,000;
Passaic 
River 
Mainstem, 
New 
Jersey,
$10,000,000;
Pocotaligo River and Swamp, South Carolina,
$400,000;
Jennings 
Randolph 
Lake, 
West 
Virginia,
$400,000;
Monongahela River Comprehensive, West Vir-
ginia, $600,000; and
West Virginia Comprehensive, West Virginia,
$500,000:
Provided, That notwithstanding ongoing studies using pre-
viously appropriated funds, and using $2,500,000 of the
funds appropriated herein, the Secretary of the Army, act-
ing through the Chief of Engineers, is directed to conduct
hydraulic modeling, foundations analysis and related de-
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sign, and mapping efforts in continuing preconstruction en-
gineering and design for the additional lock at Kentucky
Dam, Kentucky project, in accordance with the Kentucky
Lock Addition Feasibility Report approved by Report of the
Chief of Engineers, dated June 1, 1992: Provided further,
That the Secretary of the Army, acting through the Chief
of Engineers, is directed to use $250,000 of available funds
to complete a detailed project report, and plans and speci-
fications for a permanent shore erosion protection project
at Geneva State Park, Ashtabula County, Ohio: Provided
further, That the Secretary of the Army, acting through the
Chief of Engineers, is directed to use $400,000 appropriated
herein to continue preconstruction engineering and design,
including preparation of the special design report, initi-
ation of National Environmental Policy Act document
preparation, and initiation of hydraulic model studies for
the Kaumalapau Harbor navigation study, Lanai, Hawaii:
Provided further, That the Secretary of the Army is directed
to limit the Columbia River Navigation Channel, Oregon
and Washington feasibility study to investigation of the fea-
sibility of constructing a navigation channel not to exceed
43-feet in depth from the Columbia River entrance to Port
of Portland/Port of Vancouver and to modify the Initial
Project Management Plan accordingly: Provided further,
That the Secretary of the Army, acting through the Chief
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Ω4æRillito River, Arizona, $4,200,000;
Red River Emergency Bank Protection, Arkan-
sas, $3,500,000;
Coyote
and
Berryessa
Creeks,
California,
$4,000,000;
Sacramento
River
Flood
Control
Project
(Glenn-Colusa
Irrigation
District),
California,
$400,000;
San
Timoteo
Creek
(Santa
Ana
River
Mainstem), California, $12,000,000;
Sonoma
Baylands
Wetland
Demonstration
Project, California, $4,000,000;
Central
and
Southern
Florida,
Florida,
$17,850,000;
Kissimmee River, Florida, $5,000,000;
Melaleuca
Quarantine
Facility,
Florida,
$1,000,000;
Casino Beach, Illinois, $300,000;
McCook
and
Thornton
Reservoirs,
Illinois,
$13,000,000;
O’Hare Reservoir, Illinois, $5,000,000;
Des Moines Recreational River and Greenbelt,
Iowa, $2,700,000;
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Barbourville (Levisa and Tug Forks of the Big
Sandy River and Upper Cumberland River), Ken-
tucky, $3,868,000;
Harlan (Levisa and Tug Forks of the Big
Sandy River and Upper Cumberland River), Ken-
tucky, $15,432,000;
Pike County (Levisa and Tug Forks of the Big
Sandy River and Upper Cumberland River), Ken-
tucky, $5,000,000;
Salyersville, Kentucky, $1,000,000;
Williamsburg (Levisa and Tug Forks of the Big
Sandy River and Upper Cumberland River), Ken-
tucky, $700,000;
Lake Pontchartrain and Vicinity (Hurricane
Protection), Louisiana, $24,119,000;
Lake
Pontchartrain
and
Vicinity
(Jefferson
Parish), Louisiana, $200,000;
Red
River
Waterway,
Mississippi
River
to
Shreveport, Louisiana, $65,000,000;
Anacostia River, Maryland and District of Co-
lumbia, $700,000;
Clinton River Spillway, Michigan, $2,000,000;
Silver Bay Harbor, Minnesota, $2,600,000;
Stillwater, Minnesota, $2,400,000;
Sowashee Creek, Mississippi, $3,240,000;
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Molly Ann’s Brook, New Jersey, $1,000,000;
New York Harbor Collection and Removal of
Drift, New York and New Jersey, $3,900,000;
Rochester Harbor, New York, $4,000,000;
Wilmington Harbor Ocean Bar, North Carolina,
$5,266,000;
West Columbus, Ohio, $5,000,000;
Lackawanna River Greenway Corridor, Penn-
sylvania, $2,000,000;
South
Central
Pennsylvania
Environmental
Restoration Infrastructure and Resource Protection
Development
Pilot
Program,
Pennsylvania,
$10,000,000;
Fort Point, Galveston, Texas, $1,500,000;
Lake O’ The Pines-Big Cypress Bayou, Texas,
$300,000;
Red River Basin Chloride Control, Texas and
Oklahoma, $4,000,000;
Wallisville Lake, Texas, $1,000,000;
Richmond
Filtration
Plant,
Virginia,
$1,000,000;
Southern West Virginia Environmental Res-
toration Infrastructure and Resource Protection De-
velopment
Pilot
Program,
West
Virginia,
$3,500,000; and
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State Road and Ebner Coulees, LaCrosse and
Shelby, Wisconsin, $1,467,000
Rillito River, Arizona, $4,200,000;
Coyote 
and 
Berryessa 
Creeks, 
California,
$4,000,000;
Sacramento River Flood Control Project (Glenn-
Colusa Irrigation District), California, $400,000;
San 
Timoteo 
Creek 
(Santa 
Ana 
River
Mainstem), California, $12,000,000;
Sonoma 
Baylands 
Wetland 
Demonstration
Project, California, $4,000,000;
Central 
and 
Southern 
Florida, 
Florida,
$9,500,000;
Kissimmee River, Florida, $5,000,000;
Casino Beach, Illinois, $300,000;
O’Hare Reservoir, Illinois, $5,000,000;
Des Moines Recreational River and Greenbelt,
Iowa, $1,700,000;
Pike County (Levisa and Tug Forks of the Big
Sandy River and Upper Cumberland River), Ken-
tucky, $5,000,000;
Salyersville, Kentucky, $1,000,000;
Williamsburg (Levisa and Tug Forks of the Big
Sandy River and Upper Cumberland River), Ken-
tucky, $700,000;
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Lake Pontchartrain and Vicinity (Jefferson Par-
ish), Louisiana, $200,000;
Anacostia River, Maryland and District of Co-
lumbia, $700,000;
Stillwater, Minnesota, $2,400,000;
Sowashee Creek, Mississippi, $3,240,000;
Molly Ann’s Brook, New Jersey, $1,000,000;
New York Harbor Collection and Removal of
Drift, New York and New Jersey, $2,900,000;
Lake O’ The Pines-Big Cypress Bayou, Texas,
$300,000;
Red River Basin Chloride Control, Texas and
Oklahoma, $4,000,000;
Wallisville Lake, Texas, $1,000,000;
Quonset Point-Davisville, Rhode Island (for 2
elevated water storage towers and the relocation of
sewer lines), $1,875,000; and
Southern West Virginia Environmental Restora-
tion Infrastructure and Resource Protection Develop-
ment Pilot Program, West Virginia, $3,500,000:
Provided, That the Secretary of the Army, acting through
the Chief of Engineers, is directed to use $3,500,000 of
available funds to initiate and complete construction of the
Finn Revetment portion of the Red River Emergency Bank
Protection, Arkansas and Louisiana project: Provided fur-
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ther, That the Chief of Engineers is directed to use a fully
funded contract for the construction of the Finn Revetment:
Provided further, That the Secretary of the Army is directed
to use $3,500,000 of funds appropriated herein to continue
the Red River Levees and Bank Stabilization below Denison
Dam, Arkansas project, including completion of studies to
improve the stability of the levee system from Index, Arkan-
sas to the Louisiana State line and continuation of reha-
bilitation work underway: Provided further, That the Sec-
retary of the Army, acting through the Chief of Engineers
of the Army Corps of Engineers, shall (1) use $2,000,000
of funds appropriated herein to carry out engineering de-
sign for the relocation of the comfort and lifeguard stations
on the Atlantic coast of New York City, from Rockaway
Inlet to Norton Point, as authorized by section 1076 of the
Intermodal Surface Transportation Efficiency Act of 1991
(Public Law 102–240; 105 Stat. 2015), and (2) not later
than 1 year after the date of enactment of this Act, report
to Congress on the results of the expenditure of funds re-
quired under paragraph (1): Provided further, That with
$2,000,000 appropriated herein, the Secretary of the Army,
acting through the Chief of Engineers, is directed to con-
tinue construction of the Bethel, Alaska project authorized
by Public Law 99–662, including but not limited to initiat-
ing lands and damages, erosion control construction, and
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continued related engineering and construction manage-
ment: Provided further, That no fully funded allocation pol-
icy shall apply to the construction of the Bethel, Alaska
project: Provided further, That the Secretary of the Army,
acting through the Chief of Engineers, is directed to use
$24,119,000 of the funds appropriated herein to continue
the Lake Pontchartrain and Vicinity, Louisiana, Hurri-
cane Protection project, including continued construction of
parallel protection along Orleans and London Avenue
Outfall Canals and the award of continuing contracts for
construction of this parallel protection under the same
terms and conditions specified for such work under this
heading in Public Law 102–377: Provided further, That the
Secretary of the Army, acting through the Chief of Engi-
neers, is directed to use $450,000 of funds appropriated
herein to complete the repair and restoration to a safe con-
dition of the existing Tulsa and West Tulsa local protection
project, Oklahoma, authorized by the Flood Control Act of
1941, Public Law 73–228: Provided further, That with
$19,300,000 of the funds appropriated herein, to remain
available until expended, the Secretary of the Army, acting
through the Chief of Engineers, is directed to continue to
undertake structural and nonstructural work associated
with the Barbourville, Kentucky, and the Harlan, Ken-
tucky, elements of the Levisa and Tug Forks of the Big
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Sandy River and Upper Cumberland River project author-
ized by section 202 of Public Law 96–367: Provided further,
That with $5,365,000 of the funds appropriated herein, to
remain available until expended, the Secretary of the Army,
acting through the Chief of Engineers, is directed to con-
tinue to undertake structural and nonstructural work asso-
ciated with Matewan, West Virginia, element of the Levisa
and Tug Forks of the Big Sandy and Upper Cumberland
River project authorized by section 202 of Public Law 96–
367: Provided further, That with $3,500,000 of the funds
appropriated herein, to remain available until expended,
the Secretary of the Army, acting through the Chief of Engi-
neers, is directed to continue construction of the Hatfield
Bottom, West Virginia, element of the Levisa and Tug Forks
of the Big Sandy and Upper Cumberland River project au-
thorized by section 202 of Public Law 96–367 using con-
tinuing contracts: Provided further, That no fully allocated
funding policy shall apply to construction of the Matewan,
West 
Virginia, 
Hatfield 
Bottom, 
West 
Virginia,
Barbourville, Kentucky, and Harlan, Kentucky, elements of
the Levisa and Tug Forks of the Big Sandy and Upper
Cumberland river project: Provided further, That the Sec-
retary of the Army, acting through the Chief of Engineers,
is directed to initiate and complete construction of offshore
breakwaters at Grand Isle, Louisiana, as an integral part
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of the repair of features of the Grand Isle and Vicinity,
Louisiana, project damaged by Hurricane Andrew using
funds previously appropriated for the purpose in the fiscal
year 1992 Dire Emergency Supplemental Appropriations
Act, Public Law 102–368, which are available for this work:
Provided further, That the Secretary of the Army, acting
through the Chief of Engineers, is directed to continue con-
struction of the section 14 bank stabilization program at
McGregor Park in Clarksville, Tennessee utilizing heretofore
appropriated funds until the Federal funds limit of
$550,000 is reached or bank protection for the entire park
is completed: Provided further, That using $6,300,000 of the
funds appropriated herein, the Secretary of the Army, act-
ing through the Chief of Engineers, is directed to continue
with the authorized Ouachita River Levees, Louisiana
project in an orderly but expeditious manner and within
this amount, $3,800,000 shall be used to continue rehabili-
tation or replacement of all deteriorated drainage structures
which threaten the security of this critical protection, and
$2,500,000 shall be used to repair the river bank at Colum-
bia, Louisiana, which is eroding and placing the project
levee protecting the city in imminent danger of failure: Pro-
vided further, That the Secretary of the Army, acting
through the Chief of Engineers, is directed to utilize
$3,000,000 appropriated herein to provide design and con-
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struction assistance for a water transmission line from the
northern part of Beaver Lake, Arkansas, into Benton and
Washington Counties, Arkansas as authorized by section
220 of Public Law 102–580; and in addition, $145,000,000,
to remain available until expended, is hereby appropriated
for construction of the Red River Waterway, Mississippi
River to Shreveport, Louisiana, project, as authorized by
laws, and the Secretary is directed to continue the second
phase of construction of Locks and Dams 4 and 5; complete
construction of Howard Capout, McDade, Elm Grove,
Cecile, Curtis, Sunny Point, and Eagle Bend Phase I and
Phase II revetments in Pools 4 and 5, and levee modifica-
tions in Pool 5, all of which were previously directed to
be initiated; and award continuing contracts in fiscal year
1994 for construction of the following features of the Red
River Waterway which are not to be considered fully fund-
ed: recreation facilities in Pools 4 and 5, Piermont/Nicholas
and Sunny Point Capouts, Lock and Dam 4 Upstream
Dikes, Lock and Dam 5 Downstream Additional Control
Structure, Wells Island Road Revetment, and construction
dredging in Pool 4; all as authorized by laws, and the Sec-
retary is further directed to provide annual reimbursement
to the projects local sponsor for the Federal share of man-
agement costs for the Bayou Bodcau Mitigation Area as au-
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thorized by Public Law 101–640, the Water Resources De-
velopment Act of 1990.
FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES,
ARKANSAS, ILLINOIS, KENTUCKY, LOUISIANA, MIS-
SISSIPPI, MISSOURI, AND TENNESSEE
For expenses necessary for prosecuting work of flood
control, and rescue work, repair, restoration, or mainte-
nance of flood control projects threatened or destroyed by
flood, as authorized by law (33 U.S.C. 702a, 702g–1),
Ω5æ$352,475,000 $348,875,000, to remain available until
expended, of which $2,400,000 is provided for the Eastern
Arkansas Region, Arkansas, project.
OPERATION AND MAINTENANCE, GENERAL
For expenses necessary for the preservation, oper-
ation, maintenance, and care of existing river and harbor,
flood control, and related works, including such sums as
may be necessary for the maintenance of harbor channels
provided by a State, municipality or other public agency,
outside of harbor lines, and serving essential needs of gen-
eral commerce and navigation; surveys and charting of
northern and northwestern lakes and connecting waters;
clearing
and
straightening
channels;
and
removal of
obstructions 
to 
navigation, 
Ω6æ$1,691,350,000
$1,673,704,000, to remain available until expended, of
which such sums as become available in the Harbor Main-
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tenance Trust Fund, pursuant to Public Law 99–662,
may be derived from that fund, and of which $18,000,000
shall be for construction, operation, and maintenance of
outdoor recreation facilities, to be derived from the special
account established by the Land and Water Conservation
Act of 1965, as amended (16 U.S.C. 460l), and of which
funds are provided for the following projects in the
amounts specified:
Tucson Diversion Channel, Arizona, $550,000;
Ω7æLos Angeles River (Sepulveda Basin to Ar-
royo Seco), California, $400,000;
Oceanside Experimental Sand Bypass, Califor-
nia, $4,000,000;
Los Angeles County Drainage Area (Hansen
Dam), California, $2,790,000; Ω8æand
Ω9æFlint
River
Flood
Control,
Michigan,
$2,500,000;
Sauk Lake, Minnesota, $40,000Ω10æ;–and
Ω11æNew Madrid County Harbor, Missouri,
$250,000:
Provided, That not to exceed $7,000,000 shall be available
for obligation for national emergency preparedness
programsΩ12æ: Provided further, That the Secretary of the
Army, acting through the Chief of Engineers, is directed
to use $5,000,000 of available funds to undertake and com-
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plete critical maintenance items for water supply of the
Kentucky River Locks and Dams 5–14 and to transfer such
facilities to the Commonwealth of Kentucky: Provided fur-
ther, That the Secretary of the Army is directed during fis-
cal year 1994 to maintain a minimum conservation pool
level of 475.5 at Wister Lake in Oklahoma: Provided fur-
ther, That the Secretary of the Army, acting through the
Chief of Engineers, is directed to use Operation and Main-
tenance funds and complete, in coordination with the sched-
ule for feasibility phase, studies to deepen the Columbia
River navigation channel, long-term dredge disposal plans
for the existing authorized Columbia River Navigation
Channel project, including associated fish and wildlife
studies.
REGULATORY PROGRAM
For expenses necessary for administration of laws
pertaining to regulation of navigable waters and wetlands,
$92,000,000, to remain available until expended.
FLOOD CONTROL AND COASTAL EMERGENCIES
For expenses necessary for emergency flood control,
hurricane, and shore protection activities, as authorized
by section 5 of the Flood Control Act approved August
18, 1941, as amended, $20,000,000, to remain available
until expended.
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OIL SPILL RESEARCH
For expenses necessary to carry out the purposes of
the Oil Spill Liability Trust Fund, pursuant to title VII
of the Oil Pollution Act of 1990, $350,000, to be derived
from the Fund and to remain available until expended.
GENERAL EXPENSES
For expenses necessary for general administration
and related functions in the Office of the Chief of Engi-
neers and offices of the Division Engineers; activities of
the Coastal Engineering Research Board, the Humphreys
Engineer Center Support Activity, and the Water Re-
sources Support Center, $148,500,000, to remain avail-
able until expendedΩ13æ:–Provided, That not to exceed
$54,855,000 of the funds provided in this Act shall be
available for general administration and related functions
in the Office of the Chief of Engineers: Provided, That
not to exceed $58,255,000 of the funds provided in this Act
shall be available for general administration and related
functions in the Office of the Chief of Engineers, unless the
Secretary of the Army determines that additional obliga-
tions are necessary for such purposes and notifies the Com-
mittees on Appropriations of both Houses of Congress of the
Secretary’s determination and the reasons therefore: Pro-
vided further, That no part of any other appropriation pro-
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SEC. 105. None of the funds provided in this Act
shall be used to implement Defense Management Review
Decision No. 918, dated September 15, 1992, to transfer
from the Corps of Engineers property accountability of
automated data processing equipment and software ac-
quired with funds from the revolving fund established by
the Act of July 27, 1953, chapter 245, 33 U.S.C. 576.
Ω14æSEC. 106. In fiscal year 1994, the Secretary shall
advertise for competitive bid at least 7,500,000 cubic yards
of the hopper dredge volume accomplished with Govern-
ment-owned dredges in fiscal year 1992.
Notwithstanding the provisions of this section, the Sec-
retary is authorized to use the dredge fleet of the Corps of
Engineers to undertake projects when industry does not per-
form as required by the contract specifications or when the
bids are more than 25 percent in excess of what the Sec-
retary determines to be a fair and reasonable estimated cost
of a well equipped contractor doing the work or to respond
to emergency requirements.
Ω15æSEC. 107. Notwithstanding any other provision
of law, the Secretary of the Army, acting through the Chief
of Engineers, is authorized to reprogram, obligate and ex-
pend such additional sums as necessary to continue con-
struction and cover anticipated contract earnings of any
water resources project which received an appropriation or
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allowance for construction in or through an appropriations
Act or resolution of a current or last preceding fiscal year,
in order to prevent the termination of a contract or the
delay of scheduled work.
Ω16æSEC. 108. PROHIBITION ON REMOVAL.
(a) PROHIBITION.—Subject to subsection (b), no funds
made available pursuant to this Act may be used to carry
out a policy to remove or demolish any residential structure
that is subject to an easement or right-of-way in favor of
the United States for the containment or impoundment of
waters in the Muskingum River Basin, Ohio, until such
time as the Committee on Environment and Public Works
of the Senate and the Committee on Public Works and
Tranportation of the House of Representatives have re-
viewed and approved the policy.
(b) AGREEMENT TO HOLD HARMLESS.—
(1) IN GENERAL.—The Secretary of the Army
shall offer to enter into a written agreement with the
owner of each residential structure that is covered by
the prohibition referred to in subsection (a). Under
the agreement, the owner shall hold the United States
harmless for any loss of personal property, real prop-
erty, injury, or death that is the result of any flooding
of the structure.
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(2) FAILURE TO ENTER INTO AN AGREEMENT.—
If an owner fails to enter into an agreement pursuant
to paragraph (1), the Secretary of the Army may, in
accordance with the applicable easement or right-of-
way, remove or demolish the structure.
Ω17æSEC. 109. (1) IN GENERAL.—The Secretary of the
Army is authorized to convey to the City of Galveston,
Texas, fee simple absolute title to a parcel of land contain-
ing approximately 605 acres known as the San Jacinto
Disposal Area located on the east end of Galveston Island,
Texas, in the W.A.A. Wallace Survey, A–647 and A–648,
City of Galveston, Galveston County, Texas, being part of
the old Fort Jacinto site, at the fair market value of such
parcel to be determined in accordance with the provisions
of paragraph (4). Such conveyance shall be made at the
discretion of the Secretary of the Army upon the agreement
of all interested parties.
(2) COMPENSATION FOR CONVEYANCE.—Upon receipt
of compensation from the City of Galveston, the Secretary
shall convey the parcel as described in paragraph (1). Such
compensation shall include—
(A) conveyance to the Department of the Army
of fee simple absolute title to a parcel of land contain-
ing approximately 564 acres on Pelican Island,
Texas, in the Eneas Smith Survey, A–190, Pelican
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Island, City of Galveston, Galveston County, Texas,
adjacent to property currently owned by the United
States. The fair market value of such parcel will be
determined in accordance with the provisions of para-
graph (4); and
(B) payment to the United States of an amount
equal to the difference in the fair market value of the
parcel to be conveyed pursuant to paragraph (1) and
the fair market value of the parcel to be conveyed pur-
suant to paragraph (2)(A).
(3) DISPOSITION OF SPOIL.—Costs of maintaining the
Galveston Harbor and Channel will continue to be governed
by the Local Cooperation Agreement between the United
States of America and the City of Galveston dated October
18, 1973. Upon conveyance of the parcel described in para-
graph (1), the Department of the Army shall be com-
pensated directly for any anticipated costs which may be
incurred in site preparation and in the disposition of spoil
in excess of the present value of current costs of spoil dis-
position.
(4) DETERMINATION OF FAIR MARKET VALUE.—The
fair market value of the land to be conveyed pursuant to
paragraphs (1) and (2) shall be determined by independent
appraisers using the market value method.
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(5) NAVIGATIONAL SERVITUDE.—Those portions of a
605-acre parcel of land known as the San Jacinto Disposal
Area and more fully described in paragraph 1, supra, are
declared to be nonnavigable waters of the United States.
(6) SURVEYS AND STUDIES.—The 605-acre parcel and
the 564-acre parcel shall be surveyed and further legally de-
scribed prior to conveyance. Not later than 60 days follow-
ing enactment of this Act, if he deems it necessary, the Sec-
retary of the Army shall complete a review of the applicabil-
ity of section 404 of the Clean Water Act to the said parcels.
TITLE II
DEPARTMENT OF THE INTERIOR
CENTRAL UTAH PROJECT COMPLETION ACCOUNT
For the purpose of carrying out provisions of the
Central Utah Project Completion Act, Public Law 102–
575 (106 Stat. 4605), Ω18æ$25,770,000 $24,770,000, to
remain 
available 
until 
expended, 
of 
which
Ω19æ$15,920,000 $14,920,000 shall be available to carry
out the activities authorized under title II of the Act
Ω20æand for feasibility studies of alternatives to the Uintah
and Upalco Units, and of which $9,850,000 shall be de-
posited into the Utah Reclamation Mitigation and Con-
servation Account: Provided, That of the amounts depos-
ited into the Account, $5,000,000 shall be considered the
Federal Contribution authorized by paragraph 402(b)(2)
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of the Act and $4,850,000 shall be available to the Utah
Reclamation Mitigation and Conservation Commission to
carry out the activities authorized under title III of the
ActΩ21æ:–Provided further, That, notwithstanding any
other provision of law, of the amounts available for activi-
ties authorized under title II of the Act, not to exceed
$500,000 shall be available for necessary expenses in-
curred in carrying out the responsibilities of the Secretary
of the Interior under the Act.
Ω22æIn addition, for necessary expenses incurred in
carrying out responsibilities of the Secretary of the Interior
under the Act, $1,000,000, to remain available until
expended.
BUREAU OF RECLAMATION
For carrying out the functions of the Bureau of Rec-
lamation as provided in the Federal reclamation laws (Act
of June 17, 1902, 32 Stat. 388, and Acts amendatory
thereof or supplementary thereto) and other Acts applica-
ble to that Bureau as follows:
GENERAL INVESTIGATIONS
For engineering and economic investigations of pro-
posed Federal reclamation projects and studies of water
conservation and development plans and activities prelimi-
nary to the reconstruction, rehabilitation and betterment,
financial adjustment, or extension of existing projects, to
remain 
available 
until 
expended, 
Ω23æ$13,109,000
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That of the total appropriated, the amount for program
activities which can be financed by the reclamation fund
shall be derived from that fund: Provided further, That
transfers to the Upper Colorado River Basin Fund and
Lower Colorado River Basin Development Fund may be
increased or decreased by transfers within the overall ap-
propriation under this heading: Provided further, That
funds contributed by non-Federal entities for purposes
similar to this appropriation shall be available for expendi-
ture for the purposes for which contributed as though spe-
cifically appropriated for said purposes, and such funds
shall remain available until expended: Provided further,
That no part of the funds herein approved shall be avail-
able for construction or operation of facilities to prevent
waters of Lake Powell from entering any national monu-
ment: Provided further, That all costs of the safety of
dams modification work at Coolidge Dam, San Carlos Irri-
gation Project, Arizona, performed under the authority of
the Reclamation Safety of Dams Act of 1978 (43 U.S.C.
506), as amended, are in addition to the amount author-
ized in section 5 of said Act.
OPERATION AND MAINTENANCE
For operation and maintenance of reclamation
projects or parts thereof and other facilities, as authorized
by law; and for a soil and moisture conservation program
on lands under the jurisdiction of the Bureau of Reclama-
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tion, pursuant to law, to remain available until expended,
$282,898,000: Provided, That of the total appropriated,
the amount for program activities which can be financed
by the reclamation fund shall be derived from that fund,
and the amount for program activities which can be de-
rived from the special fee account established pursuant to
the Act of December 22, 1987 (16 U.S.C. 460l–6a, as
amended), may be derived from that fund: Provided fur-
ther, That of the total appropriated, such amounts as may
be required for replacement work on the Boulder Canyon
Project which would require readvances to the Colorado
River Dam Fund shall be readvanced to the Colorado
River Dam Fund pursuant to section 5 of the Boulder
Canyon Project Adjustment Act of July 19, 1940 (43
U.S.C. 618d), and such readvances since October 1, 1984,
and in the future shall bear interest at the rate determined
pursuant to section 104(a)(5) of Public Law 98–381: Pro-
vided further, That funds advanced by water users for op-
eration and maintenance of reclamation projects or parts
thereof shall be deposited to the credit of this appropria-
tion and may be expended for the same purpose and in
the same manner as sums appropriated herein may be ex-
pended, and such advances shall remain available until ex-
pended: Provided further, That revenues in the Upper Col-
orado River Basin Fund shall be available for performing
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examination of existing structures on participating
projects of the Colorado River Storage Project.
In addition, to remain available until expended, such
sums as may be necessary to cover the cost of work associ-
ated with rebuilding the Minidoka Powerplant, Minidoka
Project, Idaho, to be offset by funds provided by the Bon-
neville Power Administrator as authorized by section 2406
of Public Law 102–486. Such offset will result in a final
appropriation estimated at no more than $282,898,000.
BUREAU OF RECLAMATION LOANS PROGRAM ACCOUNT
For the cost, as defined in section 13201 of the
Budget Enforcement Act of 1990, of direct loans and/or
grants, Ω25æ$11,563,000 $12,900,000, to remain available
until expended, as authorized by the Small Reclamation
Projects Act of August 6, 1956, as amended (43 U.S.C.
422a–422l): Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974: Provided fur-
ther, That these funds are available to subsidize gross obli-
gations for the principal amount of direct loans not to ex-
ceed Ω26æ$18,726,000 $21,000,000.
In addition, for administrative expenses necessary to
carry out the program for direct loans and/or grants,
$600,000: Provided, That of the total sums appropriated,
the amount of program activities which can be financed
by the reclamation fund shall be derived from the fund.
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CENTRAL VALLEY PROJECT RESTORATION FUND
For carrying out the programs, projects, plans, and
habitat restoration, improvement, and acquisition provi-
sions of the Central Valley Project Improvement Act, to
remain available until expended, such sums as may be as-
sessed and collected in the Central Valley Project Restora-
tion Fund in fiscal year 1993 and such sums as become
available in, and may be derived from, the Central Valley
Project Restoration Fund in fiscal year 1994, pursuant
to sections 3407(d), 3404(c)(3), 3405(f) and 3406(c)(1)
of Public Law 102–575: Provided, That the Bureau of
Reclamation is directed to levy additional mitigation and
restoration payments totaling $30,000,000 (October 1992
price levels), as authorized by section 3407(d) of Public
Law 102–575: Provided further, That the Bureau of Rec-
lamation is directed to assess and collect payments, reve-
nues and surcharges in the amounts and manner author-
ized by sections 3404(c)(3), 3405(f) and 3406(c)(1) of
Public Law 102–575, respectively.
GENERAL ADMINISTRATIVE EXPENSES
For necessary expenses of general administration and
related functions in the office of the Commissioner, the
Denver office, and offices in the five regions of the Bureau
of Reclamation, $54,034,000, of which $1,171,000 shall
remain available until expended, the total amount to be
derived 
from 
the 
reclamation 
fund 
and 
to 
be
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nonreimbursable pursuant to the Act of April 19, 1945
(43 U.S.C. 377): Provided, That no part of any other ap-
propriation in this Act shall be available for activities or
functions budgeted for the current fiscal year as general
administrative expenses.
EMERGENCY FUND
For an additional amount for the ‘‘Emergency fund’’,
as authorized by the Act of June 26, 1948 (43 U.S.C.
502), as amended, to remain available until expended for
the purposes specified in said Act, $1,000,000, to be de-
rived from the reclamation fund.
SPECIAL FUNDS
(TRANSFER OF FUNDS)
Sums herein referred to as being derived from the
reclamation fund or special fee account are appropriated
from the special funds in the Treasury created by the Act
of June 17, 1902 (43 U.S.C. 391) or the Act of December
22, 1987 (16 U.S.C. 460l–6a, as amended), respectively.
Such sums shall be transferred, upon request of the Sec-
retary, to be merged with and expended under the heads
herein specified; and the unexpended balances of sums
transferred for expenditure under the head ‘‘General Ad-
ministrative Expenses’’ shall revert and be credited to the
reclamation fund.
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ADMINISTRATIVE PROVISIONS
Appropriations for the Bureau of Reclamation shall
be available for purchase of not to exceed 13 passenger
motor vehicles for replacement only.
Ω27æGENERAL PROVISION
SEC. 201. (a) Section 7(e) of the Northern Cheyenne
Indian Reserved Water Rights Settlement Act of 1992 is
amended by adding at the end thereof the following new
sentences: ‘‘All costs of environmental compliance and miti-
gation associated with the Compact, including mitigation
measures adopted by the Secretary, are the responsibility
of the United States. All moneys appropriated pursuant to
the authorization under this subsection are in addition to
amounts appropriated pursuant to the authorization under
section 7(b)(1) of this Act, and shall be immediately avail-
able.’’.
(b) Except for authorizations contained in subsections
7(b)(1), 7(b)(2) and 7(e), the authorization of appropria-
tions contained in this Act shall not be effective until such
time as the Montana water court enters and approves a
decree as provided in subsection (d) of this section.
(c) The amendments made by this section shall be con-
sidered to have taken effect on September 30, 1992.
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TITLE III
DEPARTMENT OF ENERGY
ENERGY SUPPLY, RESEARCH AND DEVELOPMENT
ACTIVITIES
For expenses of the Department of Energy activities
including the purchase, construction and acquisition of
plant and capital equipment and other expenses incidental
thereto necessary for energy supply, research and develop-
ment activities, and other activities in carrying out the
purposes of the Department of Energy Organization Act
(42 U.S.C. 7101, et seq.), including the acquisition or con-
demnation of any real property or any facility or for plant
or facility acquisition, construction, or expansion; pur-
chase of passenger motor vehicles (not to exceed 24, of
Ω28æwhich 18 are for replacement only), $3,167,634,000
to remain available until expended, of which $10,000,000
shall be for hydrogen research and development which 18
are for replacement only), $3,249,286,000, to remain avail-
able until expended: Provided, That no funds made avail-
able by this Act shall be used for the gas turbine-modular
helium reactor (GT-MHR) (formerly known as the high
temperature gas reactor)Ω29æ, of which, $4,500,000 shall
be derived by transfer from the Geothermal Resources Devel-
opment Fund.
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URANIUM SUPPLY AND ENRICHMENT ACTIVITIES
Ω30æFor expenses of the uranium program, including
payment to the Tennessee Valley Authority under the set-
tlement agreement filed with the United States Claims
Court on December 18, 1987, $160,000,000, to remain
available until expended.
For expenses of the Department of Energy in connec-
tion with operating expenses; the purchase, construction,
and acquisition of plant and capital equipment and other
expenses incidental thereto necessary for residual uranium
supply and enrichment activities in carrying out the pur-
poses of the Department of Energy Organization Act (42
U.S.C. 7101, et seq.) and the Energy Policy Act (Public
Law 102–486, section 901), including the acquisition or
condemnation of any real property or any facility or for
plant or facility acquisition, construction, or expansion;
purchase of electricity as necessary and payment to the
Tennessee Valley Authority under the settlement agreement
filed with the United States Claims Court on December 18,
1987; purchase of passenger motor vehicles (not to exceed
5, of which 5 are for replacement only), $247,092,000, to
remain available until expended: Provided, That revenues
received by the Department for residual uranium enrich-
ment activities authorized by section 201 of Public Law 95–
238, and estimated to total $70,000,000 in fiscal year 1994,
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shall be retained and used for the specific purpose of offset-
ting costs incurred by the Department for such activities,
notwithstanding section 3302(b) of title 31, United States
Code: Provided further, That the sum herein appropriated
shall be reduced as revenues are received during fiscal year
1994 so as to result in a final fiscal year 1994 appropria-
tion estimated at not more than $177,092,000.
URANIUM ENRICHMENT DECONTAMINATION AND
DECOMMISSIONING FUND
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses in carrying out uranium en-
richment facility decontamination and decommissioning,
remedial actions and other activities of title II of the
Atomic Energy Act of 1954 and title X, Subtitle A of the
Energy Policy Act of 1992, $286,320,000 to be derived
from the fund, to remain available until expended;
Ω31æand in addition, $49,679,000 in unexpended bal-
ances, consisting of $6,267,000 of unobligated balances
and $43,412,000 of obligated and in addition, an esti-
mated $49,679,000 in unexpended balances, consisting of
an estimated $6,267,000 of unobligated balances and an es-
timated $43,412,000 of obligated balances, are transferred
from the Uranium Supply and Enrichment Activities ac-
count, to be available for such expensesΩ32æ: Provided,
That at least $40,600,000 of amounts derived from the fund
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for such expenses shall be expended in accordance with title
X, Subtitle A of the Energy Policy Act of 1992.
GENERAL SCIENCE AND RESEARCH ACTIVITIES
For expenses of the Department of Energy activities
including the purchase, construction and acquisition of
plant and capital equipment and other expenses incidental
thereto necessary for general science and research activi-
ties in carrying out the purposes of the Department of
Energy Organization Act (42 U.S.C. 7101, et seq.), in-
cluding the acquisition or condemnation of any real prop-
erty or facility or for plant or facility acquisition, construc-
tion, or expansion; purchase of passenger motor vehicles
(not 
to 
exceed 
for 
replacement 
only),
Ω33æ$1,194,114,000 $1,615,114,000, to remain available
until expended: Provided, Ω34æThat no funds may be obli-
gated for construction of a B-factory until completion, by
October 31, 1993, of a technical review of the Cornell and
Stanford linear accelerator proposals by the Department
of Energy and the National Science Foundation:–Provided
further, That none of the funds made available under this
section for Department of Energy facilities may be obli-
gated or expended for food, beverages, receptions, parties,
country club fees, plants or flowers pursuant to any cost-
reimbursable contractΩ35æ: Provided further, That none of
the funds made available under this section for Department
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of Energy facilities may be spent 90 days after the begin-
ning of the fiscal year to permit the continued construction
of the superconducting super collider unless the Secretary
delivers to the Committee an implementation plan for the
specific recommendations of the Report of the DOE Review
Committee 
on 
the 
Baseline 
Validation 
of 
the
Superconducting Super Collider and the Secretary certifies
that the management issues raised by General Accounting
Office in its report dated February 1993, number GAO/
RCED–93–87 have been adequately addressed and will not
reoccur.
NUCLEAR WASTE DISPOSAL FUND
Ω36æFor nuclear waste disposal activities to carry out
the purposes of Public Law 97–425, as amended, includ-
ing the acquisition of real property or facility construction
or expansion, $260,000,000, to remain available until ex-
pended, to be derived from the Nuclear Waste Fund. To
the extent that balances in the fund are not sufficient to
cover amounts available for obligation in the account, the
Secretary shall exercise her authority pursuant to section
302(e)(5) of said Act to issue obligations to the Secretary
of the Treasury: Provided, That of the amount herein ap-
propriated, within available funds, not to exceed herein ap-
propriated,
within
available
funds,
not
to
exceed
$5,500,000 may be provided to the State of Nevada, for
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the sole purpose in the conduct of its oversight responsibil-
ities pursuant to the Nuclear Waste Policy Act of 1982,
Public Law 97–425, as amended: Provided further, That
of the amount herein appropriated, not more than
$7,000,000 may be provided to affected local governments,
as defined in the Act, to conduct appropriate activities
pursuant to the Act.
For the nuclear waste disposal activities to carry out
the purposes of Public Law 97–425, as amended, including
the acquisition of real property or facility construction or
expansion, $260,000,000 to remain available until ex-
pended, to be derived from the Nuclear Waste Fund. To the
extent that balances in the fund are not sufficient to cover
amounts available for obligation in the account, the Sec-
retary shall exercise her authority pursuant to section
302(e)(5) of said Act to issue obligations to the Secretary
of the Treasury: Provided, That of the amount herein ap-
propriated, within available funds, not to exceed $5,500,000
may be provided to the State of Nevada, for the sole purpose
of conduct of its scientific oversight responsibilities pursu-
ant to the Nuclear Waste Policy Act of 1982, Public Law
97–425, as amended: Provided further, That of the amount
herein appropriated, not more than $7,000,000 may be pro-
vided to affected local governments, as defined in the Act,
to conduct appropriate activities pursuant to the Act: Pro-
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vided further, That within ninety days of the completion
of each Federal fiscal year, each State or local entity shall
provide certification to the Department of Energy, that all
funds expended from such payments have been expended for
activities as defined in Public Law 97–425, as amended.
Failure to provide such certification shall cause such entity
to be prohibited from any further funding provided for
similar activities: Provided further, That none of the funds
herein appropriated may be used directly or indirectly to
influence legislative action on any matter pending before
Congress or a State legislature or for any lobbying activity
as provided in 18 U.S.C. 1913: Provided further, That none
of the funds herein appropriated may be used for litigation
expenses: Provided further, That none of the funds herein
appropriated may be used to support multistate efforts or
other coalition building activities inconsistent with the re-
strictions contained in this Act: Provided further, That
none of the funds provided under this Act shall be made
available for Phase II–B grants to study the feasibility of
siting a Monitored Retrievable Storage Facility unless the
Nuclear Waste Negotiator has first certified to the Secretary
of Energy that there is a reasonable likelihood that agree-
ment can be reached among all of the relevant governmental
officials in the vicinity of any proposed site.