H. R. 2445—10
(2) payment to the United States of an amount equal
to the difference of the fair market value of the parcel to
be conveyed pursuant to subsection (a) and the fair market
value of the parcel to be conveyed pursuant to paragraph (1)
of this subsection.
(c) DISPOSITION OF SPOIL.—Costs of maintaining the Galveston
Harbor and Channel will continue to be governed by the Local
Cooperation Agreement (LCA) between the United States of Amer-
ica and the City of Galveston dated October 18, 1973, as amended.
Upon conveyance of the parcel described in subsection (a), the
Department of the Army shall be compensated directly for the
present value of the total costs to the Department for disposal
of dredge material and site preparation pursuant to the LCA, in
excess of the present value of the total costs that would have
been incurred if this conveyance had not been made.
(d) DETERMINATION OF FAIR MARKET VALUE.—The fair market
value of the land to be conveyed pursuant to subsections (a) and
(b) shall be determined by independent appraisers using the market
value method.
(e) NAVIGATIONAL SERVITUDE.—
(1) DECLARATION OF NONNAVIGABILITY; PUBLIC INTEREST.—
Unless the Secretary finds, after consultation with local and
regional public officials (including local and regional public
planning organizations), that the proposed projects to be under-
taken within the parcel described in subsection (a) are not
in the public interest then, subject to paragraphs (2) and (3),
such parcel is declared to be nonnavigable waters of the United
States.
(2) LIMITS
ON
APPLICABILITY; 
REGULATORY
REQUIRE-
MENTS.—The declaration under paragraph (1) shall apply only
to those parts of the parcel described in subsection (a) which
are or will be bulkheaded and filled or otherwise occupied
by permanent structures, including marina facilities. All such
work is subject to all applicable Federal statutes and regula-
tions including, but not limited to, sections 9 and 10 of the
Act of March 3, 1899 (30 Stat. 1151; 33 U.S.C. 401 and 403),
commonly known as the Rivers and Harbors Appropriations
Act of 1899, section 404 of the Federal Water Pollution Control
Act, and the National Environmental Policy Act of 1969.
(3) EXPIRATION DATE.—If, 20 years after the date of the
enactment of this Act, any area or part thereof described in
subsection (a) is not bulkheaded or filled or occupied by perma-
nent structures, including marina facilities, in accordance with
the requirements set out in paragraph (2), or if work in connec-
tion with any activity permitted in paragraph (2) is not com-
menced within 5 years after issuance of such permits, then
the declaration of nonnavigability for such area or part thereof
shall expire.
(f) SURVEY AND STUDY.—The 605-acre parcel and the 564-acre
parcel shall be surveyed and further legally described prior to
conveyance. Not later than 60 days following enactment of this
Act, if he deems it necessary, the Secretary of the Army shall
complete a review of the applicability of section 404 of the Federal
Water Pollution Control Act to the said parcels.
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H. R. 2445—11
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),
$24,770,000, to remain available until expended, of which
$14,920,000 shall be to carry out the activities authorized under
title II of the Act and for feasibility studies of alternatives to
the Uintah and Upalco Units, and of which $9,850,000 shall be
deposited into the Utah Reclamation Mitigation and Conservation
Account: Provided, That of the amounts deposited into the Account,
$5,000,000 shall be considered the Federal Contribution authorized
by paragraph 402(b)(2) 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 Act.
In 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 Reclamation
as provided in the Federal reclamation laws (Act of June 17, 1902,
32 Stat. 388, and Acts amendatory thereof or supplementary there-
to) and other Acts applicable to that Bureau as follows:
GENERAL INVESTIGATIONS
For engineering and economic investigations of proposed Fed-
eral reclamation projects and studies of water conservation and
development plans and activities preliminary to the reconstruction,
rehabilitation and betterment, financial adjustment, or extension
of existing projects, to remain available until expended, $13,819,000:
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: Provided further, That funds contributed
by non-Federal entities for purposes similar to this appropriation
shall be available for expenditure for the purposes for which contrib-
uted as though specifically appropriated for said purposes, and
such amounts shall remain available until expended.
CONSTRUCTION PROGRAM
(INCLUDING TRANSFER OF FUNDS)
For construction and rehabilitation of projects and parts thereof
(including power transmission facilities for Bureau of Reclamation
use) and for other related activities as authorized by law, to remain
available until expended, $464,423,000 of which $46,507,000 shall
be available for transfer to the Upper Colorado River Basin Fund
authorized by section 5 of the Act of April 11, 1956 (43 U.S.C.
620d), and $160,470,000 shall be available for transfer to the Lower
Colorado River Basin Development Fund authorized by section 403
of the Act of September 30, 1968 (43 U.S.C. 1543), and such amounts
as may be necessary shall be considered as though advanced to
the Colorado River Dam Fund for the Boulder Canyon Project
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H. R. 2445—12
as authorized by the Act of December 21, 1928, as amended: Pro-
vided, 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 trans-
fers within the overall appropriation under this heading: Provided
further, That funds contributed by non-Federal entities for purposes
similar to this appropriation shall be available for expenditure
for the purposes for which contributed as though specifically appro-
priated for said purposes, and such funds shall remain available
until expended: Provided further, That no part of the funds herein
approved shall be available 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 modifica-
tion work at Coolidge Dam, San Carlos Irrigation 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 authorized 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 Reclamation, pursuant to law, to remain available
until expended, $282,898,000: Provided, That of the total appro-
priated, 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 derived 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 further, 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 Adjust-
ment 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: Provided further, That funds advanced by water users
for operation and maintenance of reclamation projects or parts
thereof shall be deposited to the credit of this appropriation and
may be expended for the same purpose and in the same manner
as sums appropriated herein may be expended, and such advances
shall remain available until expended: Provided further, That reve-
nues in the Upper Colorado River Basin Fund shall be available
for performing 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 associated with
rebuilding the Minidoka Powerplant, Minidoka Project, Idaho, to
be offset by funds provided by the Bonneville 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.
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H. R. 2445—13
BUREAU OF RECLAMATION LOANS PROGRAM ACCOUNT
For the cost, as defined in section 13201 of the Budget Enforce-
ment Act of 1990, of direct loans and/or grants, $12,900,000, to
remain available until expended, as authorized by the Small Rec-
lamation Projects Act of August 6, 1956, as amended (43 U.S.C.
422a–422l): Provided, That such costs, including the cost of modify-
ing such loans, shall be as defined in section 502 of the Congres-
sional Budget Act of 1974: Provided further, That these funds
are available to subsidize gross obligations for the principal amount
of direct loans not to exceed $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 activi-
ties which can be financed by the reclamation fund shall be derived
from the fund.
CENTRAL VALLEY PROJECT RESTORATION FUND
For carrying out the programs, projects, plans, and habitat
restoration, improvement, and acquisition provisions of the Central
Valley Project Improvement Act, to remain available until expended,
such sums as may be assessed and collected in the Central Valley
Project Restoration 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 addi-
tional 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 Reclama-
tion is directed to assess and collect payments, revenues and sur-
charges in the amounts and manner authorized by sections
3404(c)(3), 3405(f) and 3406(c)(1) of Public Law 102–575, respec-
tively.
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 nonreimbursable pursuant to the Act of April 19,
1945 (43 U.S.C. 377): Provided, That no part of any other appropria-
tion 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 author-
ized 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 derived from the reclamation fund.
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