In the Senate of the United States,
September 30 (legislative day, September 27), 1993.
Resolved, That the bill from the House of Representa-
tives (H.R. 2445) entitled ‘‘An Act making appropriations for
energy and water development for the fiscal year ending Sep-
tember 30, 1994, and for other purposes’’, do pass with the
following
AMENDMENTS:
Ω1æPage 2, line 18, strike out ø$207,540,000¿ and in-
sert: $208,544,000
Ω2æPage 2, strike out all after line 20 over to and includ-
ing ‘‘$500,000’’ in line 6 on page 4 and insert:
Central Basin Groundwater Project, California,
$750,000;
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;
HR 2445 EAS
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-
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
HR 2445 EAS
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
of Engineers, is directed to use $400,000 of funds appro-
priated herein to initiate a reconnaissance study, including
economic and environmental studies, for the Pocataligo
River and Swamp, South Carolina: Provided further, That
the Secretary of the Army, acting through the Chief of Engi-
neers, is directed to use $90,000 of funds appropriated here-
in to complete the reconnaissance study of the Black Fox
and Oakland Spring wetland area in Murfreesboro, Ten-
nessee: Provided further, That the Secretary of the Army,
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acting through the Chief of Engineers, is directed to utilize
$200,000 of available funds to initiate the planning and
design of remedial measures to restore the environmental
integrity and recreational boating facilities at Old Hickory
Lake, in the vicinity of Drakes Creek Park, in accordance
with the reconnaissance study findings dated September,
1993: Provided further, That the Secretary of the Army,
acting through the Chief of Engineers, is directed to utilize
$4,460,000 of available funds to complete preconstruction,
engineering and design for the Ste. Genevieve, Missouri
flood control project authorized by section 401(a) of the
Water Resources Development Act of 1986 (100 stat. 4118)
so that the project will be ready for construction by October
1, 1994: Provided further, That all plans, specifications and
design documents shall be concurrently reviewed in order
to expedite the project: Provided further, That the Secretary
of the Army, acting through the Chief of Engineers, is di-
rected to utilize $2,000,000 of funds appropriated herein
to engineer and design the Virginia Beach Erosion Control
and Hurricane Protection, Virginia project, including
storm water collection and discharge, as authorized by sec-
tion 102(cc) of Public Law 102–580
Ω3æPage 4, line 16, strike out ø$1,389,138,000¿ and in-
sert: $1,296,167,000
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Ω4æPage 4, strike out all after line 24 over to and includ-
ing ‘‘$1,467,000’’ in line 24 on page 7, and insert:
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;
HR 2445 EAS
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-
HR 2445 EAS
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
HR 2445 EAS
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
HR 2445 EAS
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
HR 2445 EAS
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-
HR 2445 EAS
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-
HR 2445 EAS
thorized by Public Law 101–640, the Water Resources De-
velopment Act of 1990
Ω5æPage 8, line 8, strike out ø$352,475,000¿ and insert:
$348,875,000
Ω6æPage 8, line 21, strike out ø$1,691,350,000¿ and in-
sert: $1,673,704,000
Ω7æPage 9, strike out lines 7 and 8
Ω8æPage 9, line 12, after ‘‘$2,790,000;’’ insert: and
Ω9æPage 9, strike out lines 13 and 14
Ω10æPage 9, line 15, strike out ø; and¿
Ω11æPage 9, strike out lines 16 and 17
Ω12æPage 9, line 20, after ‘‘programs’’ insert: : 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 complete 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 further, That the Secretary of the
Army is directed during fiscal year 1994 to maintain a
minimum conservation pool level of 475.5 at Wister Lake
in Oklahoma: Provided further, That the Secretary of the
Army, acting through the Chief of Engineers, is directed
HR 2445 EAS
to use Operation and Maintenance funds and complete, in
coordination with the schedule for feasibility phase, studies
to deepen the Columbia River navigation channel, long-
term dredge disposal plans for the existing authorized Co-
lumbia River Navigation Channel project, including associ-
ated fish and wildlife studies
Ω13æPage 10, line 19, strike out all after ‘‘expended’’
down to and including ‘‘Engineers’’ in line 22 and insert:
: Provided, That not to exceed $58,255,000 of the funds pro-
vided in this Act shall be available for general administra-
tion and related functions in the Office of the Chief of Engi-
neers, unless the Secretary of the Army determines that ad-
ditional obligations are necessary for such purposes and no-
tifies the Committees on Appropriations of both Houses of
Congress of the Secretary’s determination and the reasons
therefore
Ω14æPage 12, after line 5, insert:
SEC. 106. In fiscal year 1994, the Secretary shall ad-
vertise 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
HR 2445 EAS
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.
Ω15æPage 12, after line 5, insert:
SEC. 107. Notwithstanding any other provision of law,
the Secretary of the Army, acting through the Chief of Engi-
neers, is authorized to reprogram, obligate and expend such
additional sums as necessary to continue construction and
cover anticipated contract earnings of any water resources
project which received an appropriation or allowance for
construction in or through an appropriations Act or resolu-
tion of a current or last preceding fiscal year, in order to
prevent the termination of a contract or the delay of sched-
uled work.
Ω16æPage 12, after line 5, insert:
SEC. 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
HR 2445 EAS
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.
(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.
Ω17æPage 12, after line 5, insert:
SEC. 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
HR 2445 EAS
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
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
HR 2445 EAS
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.
(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.
Ω18æPage 12, line 11, strike out ø$25,770,000¿ and in-
sert: $24,770,000
Ω19æPage 12, line 12, strike out ø$15,920,000¿ and in-
sert: $14,920,000
HR 2445 EAS
Ω20æPage 12, line 13, after ‘‘Act’’ insert: and for feasibil-
ity studies of alternatives to the Uintah and Upalco Units
Ω21æPage 12, line 21, strike out all after ‘‘Act’’ over to
and including ‘‘Act’’ in line 2 on page 13
Ω22æPage 13, after line 2, insert:
In addition, for necessary expenses incurred in carry-
ing out responsibilities of the Secretary of the Interior
under the Act, $1,000,000, to remain available until ex-
pended.
Ω23æPage 13, line 15, strike out ø$13,109,000¿ and in-
sert: $14,409,000
Ω24æPage 14, line 7, strike out ø$464,423,000¿ and in-
sert: $460,898,000
Ω25æPage 17, line 4, strike out ø$11,563,000¿ and in-
sert: $12,900,000
Ω26æPage 17, line 12, strike out ø$18,726,000¿ and in-
sert: $21,000,000
Ω27æPage 19, after line 20, insert:
GENERAL 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
HR 2445 EAS
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.
Ω28æPage 20, strike out lines 9 to 11 and insert: which
18 are for replacement only), $3,249,286,000, to remain
available until expended: Provided, That no funds made
available by this Act shall be used for the gas turbine-modu-
lar helium reactor (GT-MHR) (formerly known as the high
temperature gas reactor)
Ω29æPage 20, line 11, after ‘‘development’’ insert: , of
which, $4,500,000 shall be derived by transfer from the Geo-
thermal Resources Development Fund.
HR 2445 EAS
Ω30æPage 20, strike out lines 13 to 17 and insert:
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,
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
HR 2445 EAS
1994 so as to result in a final fiscal year 1994 appropria-
tion estimated at not more than $177,092,000.
Ω31æPage 21, strike out all after line 1 down to and in-
cluding ‘‘obligated’’ in line 4 and insert: and in addition,
an estimated $49,679,000 in unexpended balances, consist-
ing of an estimated $6,267,000 of unobligated balances and
an estimated $43,412,000 of obligated
Ω32æPage 21, line 6, after ‘‘expenses’’ insert: : Provided,
That at least $40,600,000 of amounts derived from the fund
for such expenses shall be expended in accordance with title
X, Subtitle A of the Energy Policy Act of 1992
Ω33æPage 21, line 17, strike out ø$1,194,114,000¿ and
insert: $1,615,114,000
Ω34æPage 21, line 18, strike out all after ‘‘Provided,’’
down to and including ‘‘further,’’ in line 23
Ω35æPage 22, line 2, after ‘‘contract’’ insert: : Provided
further, That none of the funds made available under this
section for Department of Energy facilities may be spent
90 days after the beginning of the fiscal year to permit the
continued construction of the superconducting super collider
unless the Secretary delivers to the Committee an imple-
mentation plan for the specific recommendations of the Re-
port of the DOE Review Committee on the Baseline Valida-
HR 2445 EAS
tion of the Superconducting Super Collider and the Sec-
retary certifies that the management issues raised by Gen-
eral Accounting Office in its report dated February 1993,
number GAO/RCED–93–87 have been adequately addressed
and will not reoccur
Ω36æPage 22, strike out lines 4 to 22, and insert:
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-
vided further, That within ninety days of the completion
HR 2445 EAS
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.
Ω37æPage 23, line 19, strike out ø$3,572,198,000¿ and
insert: $3,597,482,000