Energy and Water Development Appropriations Act, 1992
PL 102-104 (H.R.2427), enacted 08/17/1991

105 STAT. 510 
PUBLIC LAW 102-104-AUG. 17, 1991 
Public Law 102-104 
102d Congress 
An Act 
Aug. 17, laiJl 
Making appropriations for energy and water development for the fiscal year ending 
[H.R. 2427] 
September 30, 1992, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
Energy and 
United States of America in Congress assembled, That the following 
Development 
sums are appropriated, out of any money in the Treasury not 
Appropriations 
otherwise appropriated, for the fiscal year ending September 30, 
Act, 1992. 
1992, 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 direc-
tion of the Secretary of the Army and the supervision of the Chief of 
Engineers for authorized civil functions 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, mis-
cellaneous investigations, and when authorized by laws, surveys and 
detailed studies and plans and specifications of projects prior to 
construction, $194,427,000, to remain available until expended: Pro-
vided, That with funds appropriated herein, the Secretary of the 
Army, acting through the Chief of Engineers, is directed to under-
take the following items under General Investigations in fiscal year 
1992 in the amounts specified: 
Red River Waterway, Index, Arkansas, to Denison Dam, 
Texas, $500,000; 
Casino Beach, Illinois, $375,000; 
Chicago Shoreline, Illinois, $150,000; 
Illinois Waterway Navigation Study, Illinois, $2,185,000; 
McCook and Thornton Reservoirs, Illinois, $2,000,000; 
Miami River Sediments, Florida, $200,000; 
Lake George, Hobart, Indiana, $330,000; 
Little Calumet River Basin (Cady Marsh Ditch), Indiana, 
$170,000; 
St. Louis Harbor, Missouri and Illinois, $900,000; 
Fort Fisher and Vicinity, North Carolina, $250,000; 
Passaic River Mainstem, New Jersey, $7,150,000, of which 
$400,000 shall be used to initiate the General Design Memoran-
PUBLIC LAW 102-104—AUG. 17, 1991 
105 STAT. 511 
dum for the Streambank Restoration Project, West Bank of the 
Passaic River, as authorized by section 101(aX18)(B) of Public 
Law 101-640; 
Buffalo Small Boat Harbor, New York, $70,000; 
Red River Waterway, Shreveport, Louisiana, to Daingerfield, 
Texas, $3,200,000; and 
La Conner, Washington, $60,000: 
Provided further, That using $425,000 of the funds appropriated 
herein, the Secretary of the Army, acting through the Chief of 
Engineers, is directed to complete a reconnaissance report and 
initiate a feasibility phase study of the bank stabilization problems 
at Norco Bluffs, California, as authorized by section 116(b) of the 
Water Resources Development Act of 1990: Provided further, That 
the Secretary of the Army, acting through the Chief of Engineers, is 
directed to initiate and complete preconstruction engineering and 
design of the Miami River, Florida, sediments project, to include the 
full dredging of all polluted bottom sediments from the Seybold 
Canal and the Miami River between the mouth of the river and the 
salinity control structure at 36th Street, and the disposal of the 
polluted sediments in an environmentally sound manner, in compli-
ance with Public Law 99-662, using funds appropriated for that 
purpose in this Act and the Energy and Water Development Appro-
priations Act, 1991, Public Law 101-514: Provided further. That 
using $200,000 of the funds appropriated herein, the Secretary of the 
Army, acting through the Chief of Engineers, is authorized and 
directed to undertake the development of a comprehensive water-
front plan for the White River in central Indianapolis, Indiana: 
Provided further, That with $425,000 of the funds appropriated 
herein, the Secretary of the Army, acting through the Chief of 
Engineers, is directed to complete preconstruction engineering and 
design for the Olcott Harbor, New York, project, including all 
activities necessary to ready the project for construction as au-
thorized by Public Law 99-662: Provided further. That with $700,000 
of the funds appropriated herein, the Secretary of the Army, acting 
through the Chief of Engineers, is directed to create, in cooperation 
with the National Park Service and other agencies as appropriate, a 
comprehensive river corridor greenway plan for the Lackawanna 
River Basin, Pennsylvania: Provided further. That with $120,000 of 
the funds appropriated herein, the Secretary of the Army, acting 
through the Chief of Engineers, is authorized and directed to under-
take a study, in cooperation with the Port of Walla Walla, Washing-
ton, of the disposition of the current Walla Walla District 
headquarters: Provided further, That using $1,100,000 of the funds 
appropriated in the Energy and Water Development Appropriations 
Act, 1991, Public Law 101-514, the Secretary of the Army, acting 
through the Chief of Engineers, is directed to complete the South 
Atlantic Cargo Traffic study authorized by section 116(a) of the 
Water Resources Development Act of 1990 at full Federal expense in 
accordance with existing law: Provided further. That the Secretary 
of the Army is authorized, in partnership with the Department of 
Transportation, and in coordination with other Federal agencies, 
including the Department of Energy, to conduct research and devel-
opment associated with an advanced high speed magnetic levitation 
transportation system during fiscal year 1992: Provided 
further. 
That with $300,000 of the funds appropriated herein, the Secretary 
of the Army, acting through the Chief of Engineers, is directed to 
complete a regional environmental reconnaissance study to identify 
105 STAT. 512 
PUBLIC LAW 102-104—AUG. 17, 1991 
and quantify point and nonpoint sources of pollution of Old Hickory, 
Percy Priest and Cheatham Lakes in Tennessee, and to complete a 
reconnaissance study of the nondam alternatives for the Mill Creek 
flood control project in Nashville, Tennessee: Provided further. That 
the Secretary of the Army is directed to use $450,000 of available 
funds to initiate a reconnaissance level study of proposed dams and 
related riverfront development to be located along the North Ca-
nadian River in Oklahoma: Provided further, That the Secretary of 
the Army, acting through the Chief of Engineers is directed to use 
$500,000 appropriated herein to carry out the purposes of section 401 
ofPublic Law 101-596. 
CONSTRUCTION, GENERAL 
For the prosecution of river and harbor, flood control, shore 
protection, and related projects authorized by laws; and detailed 
studies, and plans and specifications, of projects (including those for 
development with participation or under consideration for participa-
tion by States, local governments, or private groups) authorized or 
made eligible for selection by law (but such studies shall not con-
stitute a commitment 
of the Government 
to construction), 
$1,160,461,000, of which such sums as are necessary pursuant to 
Public Law 99-662 shall be derived from the Inland Waterways 
Trust Fund, to remain available until expended: Provided, That 
with funds appropriated herein, the Secretary of the Army, acting 
through the Chief of Engineers, is directed to undertake the follow-
ing projects in fiscal year 1992 in the amounts specified: 
Red River Emergency Bank Protection, Arkansas and Louisi-
ana, $7,300,000; 
O'Hare Reservoir, Illinois, $4,000,000; 
Kissimmee River, Florida, $5,000,000; 
Red River Below Denison Dam, Louisiana, Arkansas, and 
Texas, $2,300,000; 
New York Harbor Collection and Removal of Drift, New York 
and New Jersey, $2,500,000; and 
Red River Basin Chloride Control, Texas and Oklahoma, 
$3,000,000: 
Provided further. That with $20,500,000 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 
the work for the levees/floodwalls and to undertake other structural 
and nonstructural work associated with the Barbourville, Kentucky, 
element of the Levisa and Tug Forks of the Big Sandy River and 
Upper Cumberland River project authorized by section 202 of Public 
Law 96-367 and to continue the work for the river diversion tunnels 
and to undertake other structural and nonstructural work associ-
ated with the Harlan, Kentucky, element of the Levisa and Tug 
Forks of the Big Sandy River and Upper Cumberland River project 
authorized by section 202 of Public Law 96-367: Provided 
further. 
That with $9,000,000 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 floodwall construction 
at the Matewan, West Virginia, element of the Levisa and Tug 
Forks of the Big Sandy River and Upper Cumberland River project 
authorized by section 202 of Public Law 96-367: Provided further. 
PUBLIC LAW 102-104—AUG. 17, 1991 
105 STAT. 513 
That with $17,000,000 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 construction of the 
Lower Mingo County, West Virginia, element of the Levisa and Tug 
Forks of the Big Sandy River and Upper Cumberland River project 
authorized by section 202 of Public Law 96-367: Provided 
further, 
That with $2,437,000 of the funds appropriated herein to remain 
available until expended, the Secretary of the Army, acting through 
the Chief of Engineers, is directed to initiate and complete specific 
project reports for McDowell County, West Virginia, Hatfield 
Bottom, West Virginia, Upper Mingo County, West Virginia, Wajrne 
County, West Virginia, Tug Fork Tributaries, West Virginia, Upper 
Tug Fork, West Virginia, Pike County, Kentucky, Middlesboro, 
Kentucky, Clover Fork, Kentucky, and Upper Cumberland River 
Basin, Kentucky: Provided further. That no fully allocated funding 
policy shall apply to construction of the Matewan, West Virginia, 
Lower Mingo County, West Virginia; specific project reports for 
McDowell County, West Virginia, Upper Mingo County, West Vir-
ginia, Wayne County, West Virginia, Tug Fork Tributaries, West 
Virginia, Hatfield Bottom, West Virginia, Upper Tug Fork, West 
Virginia, Pike County, Kentucky, Middlesboro, Kentucky, Clover 
Fork, Kentucky, and Upper Cumberland River Basin, Kentucky; 
and construction of Barbourville, Kentucky, and Harlgin, Kentucky, 
elements of the Levisa £md Tug Forks of the Big Sandy River and 
Upper Cumberlgmd River project: Provided further. That using 
$43,000,000 of the funds appropriated herein, the Secretary of the 
Army, acting through the Chief of Engineers, is directed to continue 
to prosecute the planning, engineering, design and construction of 
projects under the sections 14, 103, 107, 111, 205 and 208 Continuing 
Authorities Programs: Provided further. That using $600,000 of the 
funds appropriated herein, the Secretary of the Army, acting 
through the Chief of Engineers, is directed to continue construction 
of the Salyersville cut-through as authorized by Public Law 99-662, 
section 401(eXl), in accordance with the Special Project Report for 
Salyersville, Kentucky, concurred in by the Ohio River Division 
Engineer on or about July 26, 1989: Provided further. That with 
$750,000 of the funds appropriated herein, or funds hereafter pro-
vided in subsequent annual appropriations Acts, the Secretary of 
the Army, acting through the Chief of Engineers, is directed to 
award continuing contracts until construction is complete in accord-
ance with the terms and conditions of Public Law 100-202 for the 
Des Moines Recreational River and Greenbelt project in Iowa: Pro-
vided further. That the Secretary of the Army, acting through the 
Chief of Engineers, shall expand $300,000 of the funds appropriated 
herein in fiscal year 1992 on plans and specifications, environmental 
documentation and hydraulic modeling to advance to the maximum 
extent practicable the project to restore the riverbed gradient at 
Mile 206 of the Sacramento River in California: Provided further. 
That with funds appropriated herein, the Secretary of the Army, 
acting through the Chief of Engineers, is directed to construct the 
project for shoreline protection at Emeryville Point Park Marina, 
California, under the authority of section 103 of the River and 
Harbor Act of 1962, as amended, at a total estimated first cost of 
$1,396,000 with an estimated first Federal cost of $907,000 and an 
estimated first non-Federal cost of $489,000, in accordance with the 
plan recommended by the Division Commander in the report enti-
tled Detailed Project Report, section 103, Shoreline Protection 
105 STAT. 514 
PUBLIC LAW 102-104—AUG. 17, 1991 
Project, Emeryville Point Park Marina dated November 1988. The 
cost sharing for this project shall be in accordance with the provi-
sions of title I, section 103, of Public Law 99-662 for hurricane and 
storm damage reduction: Provided further. That the Secretary of the 
Army, acting through the Chief of Engineers, is directed to construct 
the San Timoteo feature of the Santa Ana River Mainstem flood 
control project by scheduling design and construction. The Secretary 
is further directed to initiate and complete design and to fund and 
award all construction contracts necessary for completion of the San 
Timoteo feature. Furthermore, the Corps of Engineers is directed to 
use $2,000,000 of the funds appropriated herein to initiate the 
design: Provided further. That using $1,252,000 previously appro-
priated for the Hansen Dam, California, project, the Secretary of the 
Army, acting through the Chief of Engineers, is directed to plan, 
dei»gn and construct a swim lake and associated recreational facili-
ties at Hansen Dam as described in the February 1991 Hansen Dam 
Master Plan prepared by the United States Army Corps of Engi-
neers Los Angeles District: Provided further. That the Secretary of 
the Army, acting through the Chief of Engineers, is authorized and 
directed to pursue the acquisition of MoUicy Farms for environ-
mental restoration, flood control and navigation and the completion 
of the Ouachita-Black Rivers navigation project in Louisiana and 
Arkansas in accordance with law and the revised General Design 
Memorandum for the project, including required cutoffs and 
bendway widenings in Louisiana and Arkansas, The Federal 
Grovernment is authorized to advance rights-of-way acquisition funds 
for the cutoffs and bendway widenings at Federal expense, and the 
States of Louisiana and Arkansas shall have 10 years after construc-
tion begins to repay its portion of the costs: Provided further, That 
the Secretary of the Army, acting through the Chief of Engineers, 
shall include as project costs in accordance with the Post Authoriza-
tion Change Report, dated April 1989, as revised in January 1990, 
the costs for aesthetics for the Brush Creek, Kansas City, Missouri, 
project, which shall be shared with non-Federal interests under the 
provisions of section 103(a) of Public Law 99-662: Provided further. 
That with funds heretofore, herein or hereafter appropriated, the 
Secretary of the Army, acting through the Chief of Engineers, is 
directed to award continuing contracts until construction is com-
plete in accordance with the terms and conditions of Public Law 
101-101 for the O'Hare Reservoir, Illinois, and Wallisville Lake, 
Texas, projects: Provided further. That with funds appropriated 
herein and hereafter for the Lake Pontchartrain and Vicinty, Lou-
isiana Hurricane Protection project, the Secretary of the Army is 
authorized and directed to provide parallel hurricane protection 
along the entire lengths of the Orleans Avenue and London Avenue 
Outfall Canals by raising levees and improving flood protection 
works along and parallel to the entire lengths of the outfall canals 
and other pertinent work necessary to complete an entire parallel 
protection system, to be cost shared as an authorized project feature, 
the Federal cost participation in which shall be 70 percent of the 
total cost of the entire parallel protection system, and the local cost 
participation in which shall be 30 percent of the total cost of such 
entire parallel protection system: Provided further. That the Sec-
retary of the Army, acting through the Chief of Engineers, is 
jdirected to construct project modifications for improvement of the 
environment, as part of the Anacostia River Flood Control and 
Navigation project. District of Columbia and Maryland, within 
PUBLIC LAW 102-104—AUG. 17, 1991 
105 STAT. 515 
Prince Georges County, Maryland, using $700,000 of the funds 
appropriated herein, under the authority of section 1135 of Public 
Law 99-662, as amended: Provided further. That $100,000 of the 
funds appropriated herein shall be made available to the Town of 
Krotz Springs, Louisiana, for restoration and improvement of Bayou 
Latanier: Provided further, 
That with $2,500,000 appropriated 
herein, the Secretary of the Army, acting through the Chief of 
Engineers, is directed to proceed with construction of the Fort Yates 
Bridge, North Dakota and South Dakota, project using continuing 
construction contracts: Provided further. That using $600,000 of the 
funds appropriated herein, the Secretary of the Army, acting 
through the Chief of Engineers, is directed to use continuing con-
tracts to construct hurricane and storm protection measures for 
Folly Beach, South Carolina, in accordance with the Charleston 
District Engineer's Post Authorization Change Report dated May 
1991: Provided further. That the Secretary of the Army is authorized 
and directed to provide $100,000 from funds herein appropriated to 
reimburse the Town of Grand Isle, Louisiana, for interim emergency 
measures constructed by the Town: Provided further. That within 
available funds, the Secretary of the Army, acting through the Chief 
of Engineers, is directed to study, design, and construct streambank 
protection measures along the bank of the Tennessee River adjacent 
to the Sequoyah Hills Park in the City of Knoxville, Tennessee, 
under the authority of section 14 of Public Law 79-526: Provided 
further. That the April 1977 contract for Recreational Development 
at Stonewall Jackson Lake, West Virginia, is amended to include 
such elements as proposed by the State on March 28, 1990, except a 
golf course; and, in addition, $123,681,000, to remain available until 
expended, is hereby appropriated for construction of the Red River 
Waterway, Mississippi River to Shreveport, Louisiana, project, and 
the Secretary of the Army is directed to complete the actions 
necessary to award continuing contracts, which are not to be consid-
ered fully funded, and to award such contracts for the second phase 
construction for Locks and Dams 4 and 5 during the first quarter of 
fiscal year 1992; to continue construction of the McDade, Moss, Elm 
Grove, and Cecile Revetments in Pool 5 which were previously 
directed to be initiated in fiscal year 1991; to award continuing 
contracts in fiscal year 1992 for construction of the following fea-
tures of the Red River Waterway Pool 4 and 5 which are not to be 
considered fully funded: CaroU Capout, Cupples Capout, Sunny 
Point Revetment and Dikes, Curtis Revetment, and Eajgle Bend 
Revetment; and to continue land acquisition in the vicinity of 
Stumpy Lake/Swan Lake/Loggy Bayou Wildlife Management area 
to insure acquisition of manageable units and to develop such lands 
to maximize benefits for mitigation of fish and wildlife losses; and to 
initiate planning and acquisition of mitigation lands in the Bayou 
Bodcau area for the mitigation of fish and wildlife losses all as 
authorized by laws: Provided further. That with $5,000,000 of the 
funds appropriated herein, the Secretary of the Army, acting 
through the Chief of Engineers, is directed to undertake emergency 
construction of aspects of the Bethel, Alaska Bank Stabilization 
Project as authorized by Public Law 99-662 including but not lim-
ited to, toe protection at the petroleum dock and tank farm, steel 
whaler installation on pipe piles, toe protection from the West end 
of First Avenue to the city dock, and toe protection to Mission Road 
bulkhead and in other areas vulnerable to collapse: Provided fur-
ther, That no fully allocated funding policy shall apply to construe-
105 STAT. 516 
PUBLIC LAW 102-104—AUG. 17, 1991 
tion of the Bethel, Alaska Bank Stabilization Project and to the 
greatest extent possible the work described herein should be compat-
ible with the authorized project. 
FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES, ARKANSAS, II^ 
LiNOis, KENTUCKY, LOUISIANA, MISSISSIPPI, MISSOURI, AND TEN-
NESSEE 
For expenses necessary for prosecuting work of flood control, and 
rescue work, repair, restoration, or maintenance of flood control 
projects threatened or destroyed by flood, as authorized by law (33 
U.S.C. 702a, 702g-l), $353,437,000, to remain available until ex-
pended: Provided, That not less than $250,000 shall be available for 
bank stabilization measures as determined by the Chief of Engineers 
to be advisable for the control of bank erosion of streams in the 
Yazoo Basin, including the foothill area, and where necessary such 
measures shall complement similar works planned and constructed 
by the Soil Conservation Service and be limited to the areas of 
responsibility mutually agreeable to the District Engineer and the 
State Conservationist: Provided further. That the funds provided 
herein for operation and maintenance of Yazoo Basin Lakes shall be 
available for the maintenance of road and trail surfaces, alignments, 
widths, and drainage features: Provided further, That the Sscretary 
of the Army, acting through the Chief of Engineers, is directed to 
use $420,000 of the funds appropriated herein to continue 
preconstruction engineering and design studies on the Eastern Ar-
kansas Region Comprehensive Study, Arkansas. 
OPERATION AND MAINTENANCE, GENERAL 
For expenses necessary for the preservation, operation, mainte-
nance, 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 general commerce and navigation; surveys and charting of 
northern and northwestern lakes and connecting waters; clearing 
and straightening channels; and removal of obstructions to naviga-
tion, $1,535,229,000, to remain available until expended, of which 
such sums as become available in the Harbor Maintenance Trust 
Fund, pursuant to Public Law 99-662, may be derived from that 
fund, and of which $15,000,000 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. 4601): Provided, That not to 
exceed $8,000,000 shall be available for obligation for national emer-
gency preparedness programs: Provided further. That $1,000,000 of 
the funds appropriated herein shall be used by the Secretary of the 
Army, acting through the Chief of Engineers, to continue the devel-
opment of recreation facilities at Sepulveda Dam, California: Pro-
vided further, That using $400,000 of the funds appropriated herein, 
the Secretary of the Army, acting through the Chief of Engineers, is 
directed to plan and design a fifteen-acre swim lake and related 
recreational facilities at Hansen Dam, California: Provided further, 
That using $1,000,000 of the funds appropriated herein, the Sec-
retary of the Army, acting through the Chief of Engineers, is 
authorized and directed to undertake the one-time repair and re-
PUBLIC LAW 102-104—AUG. 17, 1991 
105 STAT. 517 
habilitation of the Flint, Michigan, project in order to restore the 
project to original project dimensions: Provided further, 
That 
$40,000 of the funds appropriated herein shall be used by the 
Secretary of the Army, acting through the Chief of Engineers, to 
continue the project for removal of silt and aquatic growth at Sauk 
Lake, Minnesota: Provided further, That $150,000 of the funds 
appropriated herein shall be used by the Secretary of the Army, 
acting through the Chief of Engineers, for the development of 
Gateway Park at the Lower Granite Lock and Dam project: Pro-
vided further. That with $2,000,000 of the funds herein appropriated 
to remain avaiilable until expended, the Secretary of the Army, 
acting through the Chief of Engineers, is directed to use continuing 
contracts, which are not to be considered fully funded, for construc-
tion of the riverfront park at Charleston, West Virginia, in accord-
ance with the cost sharing principles of Public Law 99-662: Provided 
further. That with $8,000,000 of the funds appropriated herein, the 
Secretary of the Army, acting through the Chief of Engineers, is 
authorized and directed on a one-time basis, at full Federal expense, 
and without requirement of local sponsorship, to maintain naviga-
tion access to and berthing areas at all currently operating public 
and private commercial dock facilities associated with the Federal 
navigation project on the Columbia and Snake Rivers, from Bonne-
ville Dam to Lewiston, Idaho, at a depth commensurate with the 
Federal navigation project, and the Federal Government is 
exempted from any liability due to damages to public and private 
facilities including docks adjacent to the access channels and berth-
ing areas resulting from this maintenance: Provided further. That 
the Secretary of the Army, acting through the Chief of Engineers, is 
authorized to provide water releases from Broken Bow Lake for the 
Mountain Fork trout fishery under terms and conditions acceptable 
to the Secretary of the Army for a time period not to exceed two 
years from the date of enactment of this Act: Provided further, That 
with $4,825,000 of the funds appropriated herein, to remain avail-
able until expended, the Secretary of the Army, acting through the 
Chief of Engineers, is directed to modify the fish lift at the Cooper 
River, Charleston Harbor, South Carolina (Rediversion Project), 
authorized by the River and Harbor Act of 1968, Public Law 90-483, 
and to monitor operation of the fish lift for two years following such 
modifications: Provided further, That using $900,000 of the funds 
appropriated herein, the Secretary of the Army, acting through the 
Chief of Engineers, is directed to rehabilitate recreation facilities at 
Wilson Lake, Kansas: Provided further. That using $3,500,000 of the 
funds appropriated herein, the Secretary of the Army, acting 
through the Chief of Engineers, is directed to construct and main-
tain bank stabilization measures along the north bank of the Mis-
sissippi River Gulf Outlet from mile 49.9 through mile 56.1: Provided 
further. That the Secretary of the Army, acting through the Chief of 
Engineers, is directed to use $1,500,000 of the funds appropriated 
herein to undertake measures needed to alleviate bank erosion and 
related problems associated with reservoir releases along the Mis-
souri River below Fort Peck Dam as authorized by section 33 of the 
Water Resources Development Act of 1988: Provided further, That 
the Secretary of the Army, acting through the Chief of Engineers, is 
directed to allocate resources and take other steps necessary to 
complete an environmental impact statement and related docu-
ments by June of 1992 on a plan to reoperate Folsom Dam to provide 
greater fiood control, using funds appropriated for that purpose in 
49-194 O - 92 - 18 : QL. 3 Part 1 
105 STAT. 518 
PUBLIC LAW 102-104—AUG. 17, 1991 
fiscal year 1991. This plan shall require a cost sharing agreement 
between local sponsors and the Secretary of the Interior based on 
the requirements of section 103 of the Water Resources Develop-
ment Act of 1986, with the costs for foregone water and power sales 
to be computed on the basis of actual reductions in supply attrib-
utable to greater operations for flood control in that year. 
REGULATORY PROGRAM 
For expenses necessary for administration of laws pertaining to 
regulation of navigable waters and wetlands, $86,000,000, to remain 
available until expended. 
None of the funds in this Act shall be used to identify or delineate 
any land as a "water of the United States" under the Federal 
Manual for Identifying and Delineating Jurisdictional Wetlands 
that was adopted in January 1989 (1989 Manual) or any subsequent 
manual not adopted in accordance with the requirements for notice 
and public comment of the rule-making process of the Administra-
tive Procedure Act. 
In addition, regarding Corps of Engineers ongoing enforcement 
actions and permit application involving lands which the Corps or 
EPA has delineated as waters of the United States under the 1989 
Manual, and which have not yet been completed on the date of 
enactment of this Act, the landowner or permit applicant shall have 
the option to elect a new delineation under the Corps 1987 Wetland 
Delineation Manual, or completion of the permit process or enforce-
ment action based on the 1989 Manual delineation, unless the Corps 
of Engineers determines, after investigation and consultation with 
other appropriate parties, including the landowner or permit ap-
plicant, that the delineation would be substantially the same under 
either the 1987 or the 1989 Manual. 
None of the funds in this Act shall be used to finalize or imple-
ment the proposed regulations to amend the fee structure for the 
Corps of Engineers regulatory program which were published in the 
Federal Register, Vol. 55, No. 197, Thursday, October 11, 1990. 
REVOLVING FUND 
-
None of the funds from the revolving fund established by the Act 
of July 27, 1953, chapter 245 (33 U.S.C. 576), may be used to 
reimburse other Department of Defense appropriations used to 
acquire Standard Army Automated Contracting System equipment 
for Corps of Engineers activities. 
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, 
$15,000,000, to remain available until expended. 
GENERAL EXPENSES 
For expenses necessary for general administration and related 
functions in the office of the Chief of Engineers and offices of the 
Division Engineers; activities of the Board of Engineers for Rivers 
and Harbors, the Coastal Engineering Research Board, the Engineer 
PUBLIC LAW 102-104—AUG. 17, 1991 
105 STAT. 519 
Automation Support Activity, the Humphreys Engineer Center Sup-
port Activity and the Water Resources Support Center, $142,000,000, 
to remain available until expended. 
ADMINISTRATIVE PROVISIONS 
Appropriations in this title shall be available for expenses of 
attendance by military personnel at meetings in the manner au-
thorized by section 4110 of title 5, United States Code, uniforms, and 
allowances therefor, as authorized by law (5 U.S.C. 5901-5902), and 
for printing, either during a recess or session of Congress, of survey 
reports authorized by law, and such survey reports £is may be 
printed during a recess of Congress shall be printed, with illustra-
tions, as documents of the next succeeding session of Congress; not 
to exceed $5,000 for official reception and representation expenses; 
and during the current fiscal year the revolving fund. Corps of 
Engineers, shall be available for purchase (not to exceed 150 for 
replacement only) and hire of passenger motor vehicles. 
GENERAL PROVISIONS 
CORPS OF ENGINEERS—CIVIL 
SEC. 101. Notwithstanding section 1001(b)(1) of the Water Re-
sources Development Act of 1986, the project for navigation, Coosa 
River, Gadsden, Alabama, to Rome, Georgia, authorized by the 
River and Harbor Act of 1945, shall remain authorized to be carried 
out by the Secretary. The project described above shall not be 
authorized for construction after the last day of the 5-year period 
that begins on the date of enactment of this Act unless, during this 
period, funds have been obligated for construction (including plan-
ning and design) of the project. 
SEC. 102. Public Law 99-88, 99 Stat. 293, 316, as modified by Public 
Law 99-349, 100 Stat. 710, 724, is amended by striking the last two 
sentences in the paragraph that authorizes acquisition of new build-
ings and appurtenant facilities for the U.S. Army Engineer District, 
Walla Walla, Washington. 
SEC. 103. The non-Federal share of the costs of preconstruction 
engineering and design of any water resources project constructed 
by the Secretary shall not be required to be paid prior to commence-
ment of physical construction of the project. 
SEC. 104. Title III of Public Law 98-396 (98 Stat. 1369) is amended 
by inserting after section 303a the following new section: 
"SEC. 303b. (1) The Secretary of the Army is authorized to convey 
to the Port of Camas-Washougal two parcels of land containing a 
total of approximately 45 acres and being a portion of an 82 acre 
tract of land acquired under the provisions of section 303a above and 
which is under the jurisdiction of the Department of the Army. 
"(2) The conveyance authorized above shall be made in consider-
ation of the fair market value of the land conveyed and shall be for 
any lawful purpose, including, without limitation, industrial, rec-
reational and natural area development and the grantee may sell or 
otherwise dispose of such property without limitation. 
"(3) The exact acreage and legal description of the property to be 
conveyed under this section shall be determined by a survey satis-
factory to the Secretary of the Army and the cost of such survey 
105 STAT. 520 
PUBLIC LAW 102-104—AUG. 17, 1991 
shall be borne by the Port of Camas-Washougal. The Secretary shall 
bear the costs of environmental review and appraisal. 
"(4) The Secretary of the Army may require such additional terms 
and conditions in connection with the conveyance under this section 
as the Secretary determines appropriate to protect the interests of 
the United States. 
"(5) The Secretary is also authorized to transfer, without mone-
tary consideration, approximately 37 acres of predominantly wet-
lands comprising the remainder of the above mentioned 82 acre 
tract to the Department of the Interior, United States Fish and 
Wildlife Service, for inclusion in the Steigerwald Lake National 
Wildlife Refuge.". 
SEC. 105. The project for flood control, Guadalupe River, Califor-
nia, authorized by section 401(b) of the Water Resources Develop-
ment Act of 1986 (Public Law 99-662), and the Energy and Water 
Development Appropriations Act of 1990 (Public Law 101-101), is 
modified to direct the Secretary of the Army to construct the project 
in accordance with the General Design Memorandum, dated Janu-
ary 1991 of the Sacramento District Engineer, and in accordance 
with the percentages specified in section 103 of the Water Resources 
Development Act of 1986, at a total cost of $134,300,000, with a first 
Federal cost of $67,300,000 and a first non-Federal cost of 
$67,000,000, further, if, after enactment of this Act and prior to 
award of the first construction contract by the Corps of Engineers, 
non-Federal interests initiate construction of the plan recommended 
herein, the Secretary shall credit such work toward the non-Federal 
share of the cost of the project. 
SEC. 106. The present value of the capital costs to be prepaid by 
the city of Aberdeen, Wsishington, under the Wynoochee Lake 
project contract shall be $4,952,158. 
SEC. 107. The experimental water delivery program established 
under section 1302 of Public Law 98-181 is authorized to continue 
until the modifications to the Central and Southern Florida project 
authorized under section 104 of Public Law 101-229 are completed 
and implemented. 
SEC. 108. The project for shoreline protection for Folly Beach, 
South Carolina, authorized by section 501(a) of the Water Resources 
Development Act of 1986 (Public Law 99-662; 100 Stat. 4136), is 
modified to authorize the Secretary to construct hurricane and 
storm protection measures based on the Charleston District Engi-
neer's Post Authorization Change Report dated May 1991, at an 
estimated total initial cost of $15,283,000, with an estimated Federal 
cost of $12,990,000 and an estimated non-Federal cost of $2,293,000, 
and an annual cost of $647,000 for periodic beach nourishment over 
the life of the project, with an estimated annual Federal cost of 
$550,000 and an estimated non-Federal annual cost of $97,000. 
Wisconsin. 
SEC. 109. The Secretary of the Army, acting through the Chief of 
Engineers, is directed to maintain in caretaker status the naviga-
tional portion of the Fox River System in Wisconsin for a period of 
time extending one year from the date of enactment of this legisla-
tion. During this one-year period, the Corps of Engineers shall 
engage in good faith negotiations with the State of Wisconsin for the 
orderly transfer of ownership and operational duties of the Fox 
River System to the State of Wisconsin or other appropriate entity. 
No later than one year from the date of enactment of this legisla-
tion, the Corps of Engineers shall present to Congress the terms of a 
negotiated settlement reached between the Corps of Engineers and 
PUBLIC LAW 102-104—AUG. 17, 1991 
105 STAT. 521 
the State of Wisconsin. Such settlement shall include provisions for 
both the logistics and timing of the transfer, as well as a negotiated 
recommendation of monetary compensation to the State for repair 
and rehabilitation of damage and deterioration associated with all 
portions of the Fox River System which are being transferred to the 
State. 
SEC. 110. None of the funds appropriated in this Act or any prior 
Act shall be used to close any Corps of Engineers Division or District 
headquarters office. 
SEC. 111. None of the funds in this Act shall be used to implement 
the final rule for the Army Corps of Engineers shoreline manage-
ment regulation fee schedule which was published in the Federal 
Register, Vol. 56, No. 125, Friday, June 28,1991. 
TITLE II 
. . 
DEPARTMENT OF THE INTERIOR 
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 thereto) 
and other Acts applicable to that Bureau as follows: 
GENERAL INVESTIGATIONS 
For engineering and economic investigations of proposed Federal 
reclamation projects and studies of water conservation and develop-
ment plans and activities preliminary to the reconstruction, re-
habilitation and betterment, financial adjustment, or extension of 
existing projects, to remain available until expended, $13,554,000: 
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 contributed 
£is 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, $564,209,000, of which $92,093,000 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 $117,266,000 shall be available for transfer to the Lower Colo-
rado 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 as au-
thorized by the Act of December 21, 1928, as amended: Provided, 
That of the total appropriated, the amount for program activities 
which can be financed by the reclamation fund shall be derived from 
105 STAT. 522 
PUBLIC LAW 102-104—AUG. 17, 1991 
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 
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 £is though specifically appropriated for said pur-
poses, and such funds shall remain available until expended: Pro-
vided further. That the final point of discharge for the interceptor 
drain for the San Luis Unit shall not be determined until develop-
ment by the Secretary of the Interior and the State of California of a 
plan, which shall conform with the water quality standards of the 
State of California as approved by the Administrator of the Environ-
mental Protection Agency, to minimize any detrimental effect of the 
SEUI Luis drainage waters: Provided further. That no part of the 
funds herein approved shall be available for construction or oper-
ation of facilities to prevent waters of Lake Powell from entering 
any national monument: Provided further. That the funds contained 
in this Act for the Garrison Diversion Unit, North Dakota, shall be 
expended only in accordance with the provisions of the Garrison 
Diversion Unit Reformulation Act of 1986 (Public Law 99-294): 
Provided further. That all costs of the safety of dams modification 
work at Coolidge Dam, San Carlos Irrigation Project, Arizona, per-
formed 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: Provided further, That none of 
the funds appropriated in this Act shall be used to study or con-
struct the Cliff Dam feature of the Central Arizona Project: Pro-
vided further, That Plan 6 features of the Central Arizona Project 
other than Cliff Dam, including (1) water rights and associated lands 
within the State of Arizona acquired by the Secretary of the Interior 
through purchase, lease, or exchange, for municipal and industrial 
purposes, not to exceed 30,000 acre feet; and, (2) such increments of 
flood control that may be found to be feasible by the Secretary of the 
Interior at Horseshoe and Bartlett Dams, in consultation and co-
operation with the Secretary of the Army and using Corps of 
Engineers evaluation criteria, developed in conjunction with dam 
safety modifications and consistent with applicable environmental 
law, are hereby deemed to constitute a suitable alternative to Orme 
Dam within the meaning of the Colorado River Basin Project Act (82 
Stat. 885; 43 U.S.C. 1501 et seq.): Provided further. That of the funds 
appropriated herein, $900,000 shall be available to the Secretary of 
the Interior to complete the final design of the Shasta Dam, Califor-
nia, water release facilities for the purpose of selectively withdraw-
ing water from Shasta Lake to control the temperature, turbidity, 
^ 
and dissolved oxygen content of water released from Shasta Danr 
Provided further. That with $7,000,000 appropriated herein, to 
remain available until expended, the Secretary of the Interior is 
directed to award continuing contracts which are not to be consid-
ered fully funded for the Sixth Water Aqueduct, Bonneville Unit, 
Central Utah Project: Provided further. That funds expended by the 
Central Utah Water Conservancy District in anticipation of passage 
of the Central Utah Project Completion Act, shall be credited 
toward the District's cost-sharing obligations required by the 
Completion Act. 
note. 
PUBLIC LAW 102-104—AUG. 17, 1991 
105 STAT. 523 
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, $258,685,000: 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. 4601-6a, as amended), may be derived from that fund: Pro-
vided further, That of the total appropriated, such amounts as may f^^Y^^ ^^^^ 
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 pursu-
ant 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 revenues 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, the 
costs of which shall be nonreimbursable. 
LOAN PROGRAM 
For the cost, as defined in section 13201 of the Budget Enforce-
ment Act of 1990, including the cost of modifying loans, of direct 
loans and/or grants authorized by the Small Reclamation Projects 
Act of August 6, 1956, as amended (43 U.S.C. 422a-4221), as follows: 
cost of direct loans and/or grants $2,000,000 to remain available 
until expended: Provided, That these funds are available to subsidize 
gross obligations for the principal amount of direct loans not to 
exceed $3,240,000. 
In addition, for administrative expenses necessary to carry out the 
program for direct loans and/or grants, $890,000: 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. 
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, $53,745,000, 
of which $800,000 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 appropriation in this Act 
shall be available for activities or functions budgeted for the current 
fiscal year as general administrative expenses. 
105 STAT. 524 
PUBLIC LAW 102-104—AUG. 17, 1991 
EMERGENCY FUND 
43 use 502 
For an additional amount for the "Emergency fund", as au-
"°^- 
thorized 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. 
WORKING CAPITAL FUND 
For capital equipment and facilities, $5,900,000, to remain avail-
able until expended, as authorized by the Act of November 1, 1985 
(43 U.S.C. 1472). 
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. 4601-6a, as amended), 
respectively. Such sums shall be transferred, upon request of the 
Secretary, to be merged with and expended under the heads herein 
specified; and the unexpended balances of sums transferred for 
expenditure under the head "General Administrative Expenses" 
shall revert and be credited to the reclamation fund. 
ADMINISTRATIVE PROVISIONS 
Appropriations for the Bureau of Reclamation shall be available 
for purchase of not to exceed 16 passenger motor vehicles for 
replacement only; payment of claims for damages to or loss of 
property, personal injury, or death arising out of activities of the 
Bureau of Reclamation; payment, except as otherwise provided for, 
of compensation and expenses of persons on the rolls of the Bureau 
of Reclamation appointed as authorized by law to represent the 
United States in the negotiations and administration of interstate 
compacts without reimbursement or return under the reclamation 
laws; services as authorized by 5 U.S.C. 3109, in total not to exceed 
$500,000; rewards for information or evidence concerning violations 
of law involving property under the jurisdiction of the Bureau of 
Reclamation; performance of the functions specified under the head 
"Operation and Maintenance Administration", Bureau of Reclama-
tion, in the Interior Department Appropriations Act 1945; prepara-
tion and dissemination of useful information including recordings, 
photographs, and photographic prints; and studies of recreational 
uses of reservoir areas, and investigation and recovery of archeologi-
cal and paleontological remains in such areas in the same manner 
as provided for in the Acts of August 21, 1935 (16 U.S.C. 461-467) 
and June 27, 1960 (16 U.S.C. 469): Provided, That no part of any 
appropriation made herein shall be available pursuant to the Act of 
April 19, 1945 (43 U.S.C. 377), for expenses other than those incurred 
on behalf of specific reclamation projects except "General Adminis-
trative Expenses", amounts provided for plan formulation investiga-
tions under the head "General Investigations", and amounts 
provided for science and technology under the head "Construction 
Program". 
PUBLIC LAW 102-104—AUG. 17, 1991 
105 STAT. 525 
Sums appropriated herein which are expended in the performance 
of reimbursable functions of the Bureau of Reclamation shall be 
returnable to the extent and in the manner provided by law. 
No part of any appropriation for the Bureau of Reclamation, 
contained in this Act or in any prior Act, which represents amounts 
earned under the terms of a contract but remaining unpaid, shall be 
obligated for any other purpose, regardless of when such amounts 
are to be paid: Provided, That the incurring of any obligation 
prohibited by this paragraph shall be deemed a violation of 31 U.S.C. 
1341. 
No funds appropriated to the Bureau of Reclamation for operation 
43 USC 377a. 
and maintenance, except those derived from advances by water 
users, shall be used for the particular benefits of lands (a) within the 
boundaries of an irrigation district, (b) of any member of a water 
users' organization, or (c) of any individual when such district, 
organization, or individual is in arrears for more than twelve 
months in the payment of charges due under a contract entered into 
with the United States pursuant to laws administered by the 
Bureau of Reclamation. 
None of the funds made available by this or any other Act shall be 
used by the Bureau of Reclamation for contracts for surveying and 
mapping services unless such contracts for which a solicitation is 
issued after the date of this Act are awarded in accordance with title 
IX of the Federal Property and Administrative Service Act of 1949 
(40 U.S.C. 541 et seq.). 
GENERAL PROVISIONS 
DEPARTMENT OF THE INTERIOR 
SEC. 201. Appropriations in this title shall be available for 
expenditure or transfer (within each bureau or office), with the 
approval of the Secretary, for the emergency reconstruction, 
replacement, or repair of aircraft, buildings, utilities or other facili-
ties or equipment damaged, rendered inoperable, or destroyed by 
fire, flood, storm, drought, or other unavoidable causes: Provided, 
That no funds shall be made available under this authority until 
funds specifically made available to the Department of the Interior 
for emergencies shall have been exhausted. 
SEC. 202. The Secretary may authorize the expenditure or transfer 
(within each bureau or office) of any appropriation in this title, in 
addition to the amounts included in the budget programs of the 
several agencies, for the suppression or emergency prevention of 
forest or range fires on or threatening lands under jurisdiction of 
the Department of the Interior. 
SEC. 203. Appropriations in this title shall be available for oper-
ation of warehouses, garages, shops, and similar facilities, wherever 
consolidation of activities will contribute to efficiency, or economy, 
and said appropriations shall be reimbursed for services rendered to 
any other activity in the same manner as authorized by the Act of 
June 30, 1932 (31 U.S.C. 1535 and 1536): Provided, That reimburse-
ments for costs of supplies, materials, equipment, and for services 
rendered may be credited to the appropriation current at the time 
such reimbursements are received. 
SEC. 204. Appropriations in this title shall be available for hire, 
maintenance, and operation of aircraft; hire of passenger motor 
vehicles; purchases of reprints; pajonent for telephone services in 
105 STAT. 526 
PUBLIC LAW 102-104—AUG. 17, 1991 
private residences in the field, when authorized under regulations 
approved by the Secretary; and the payment of dues, when au-
thorized by the Secretary, for library memberships in societies or 
associations which issue publications to members only or at a price 
to members lower than to subscribers who are not members. 
SEC. 205. The Bureau of Reclamation may invite non-Federal 
entities involved in cost sharing arrangements for the development 
of water projects to participate in contract negotiation and source 
selection proceedings without invoking provisions of the Federal 
Advisory Committee Act (5 U.S.C. Appendix (1988)): Provided, That 
^ 
such non-Federal participants shall be subject to the provisions of 
the Federal Procurement Integrity Act (41 U.S.C. 423 (1988)) and to 
the conflict of interest provisions appearing at 18 U.S.C. 201 et seq. 
(1988). 
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 equip-
ment and other expenses incidental thereto necessary for energy 
supply, research and development activities, and other activities in 
carrying out the purposes of the Department of Energy Organiza-
tion Act (Public Law 95-91), including the acquisition or condemna-
tion of any real property or any facility or for plant or facility 
acquisition, construction, or expansion; purchase of passenger motor 
vehicles (not to exceed 35, of which 23 are for replacement only), 
$2,961,903,000, to remain available until expended: Provided, That 
the $7,500,000 provided in the Energy and Water Development 
Appropriations Act, Fiscal Year 1991 (Public Law 101-514) avail-
able only for the modification and operation of the Power Burst 
Facility at the Idaho National Engineering Laboratory, shall be 
available for the Boron Neutron Capture Therapy Research Pro-
gram, of which $84,800,000 shall be available only for the Institute 
for Micromanufacturing, Louisiana Tech University; the Ambula-
tory Research and Education Building, Oregon Health Sciences 
University; Cancer/Oncology Center, Medical University of South 
Carolina; Biomedical Research Institute, LSU Medical Center, 
Shreveport, Louisiana; Technology Complex at Pittsburg State 
University, Pittsburg, KansEis; Energy, Mineral and Materials Sci-
ence Research Building Expansion at the University of Alabama; 
Research Institute at Loma Linda University Medical Center; 
Cancer Research Center at Indiana University School of Medicine at 
Indianapolis; Old Colony Center for Technological Applications at 
Bridgewater State College in Bridgewater, Massachusetts; and the 
Center for Molecular Electronics at the University of Missouri-St. 
Louis. 
URANIUM SUPPLY AND ENRICHMENT ACTIVITIES 
For expenses of the Department of Energy in connection with 
operating expenses; the purchase, construction, and acquisition of 
plant and capital equipment and other expenses incidental thereto 
necessary for uranium supply and enrichment activities in carrying 
out the purposes of the Department of Energy Organization Act 
(Public Law 95-91), including the acquisition or condemnation of 
PUBLIC LAW 102-104—AUG. 17, 1991 
105 STAT. 527 
any real property or any facility or for plant or facility acquisition, 
construction, or expansion; purchase of electricity to provide enrich-
ment services; purchase of passenger motor vehicles (not to exceed 
28, of which 25 are for replacement only), $1,313,600,000, to remain 
available until expended: Provided, That revenues received by the 
Department for the enrichment of uranium and estimated to total 
$1,547,000,000, in fiscal year 1992 shall be retained and used for the 
specific purpose of offsetting costs incurred by the Department in 
providing uranium enrichment service activities as authorized by 
section 201 of Public Law 95-238, notwithstanding the provisions of 
section 33020t>) of title 31, United States Code: Provided further, That 
the sum herein appropriated shall be reduced as uranium enrich-
ment revenues are received during fiscal year 1992 so as to result in 
a final fiscal year 1992 appropriation estimated at not more than $0. 
GENERAL SCIENCE AND RESEARCH ACTIVITIES 
For expenses of the Department of Energy activities including the 
purchase, construction and acquisition of plant and capital equip-
ment and other expenses incidental thereto necessary for general 
science and research activities in carrying out the purposes of the 
Department of Energy Organization Act (Public Law 95-91), includ-
ing the acquisition or condemnation of any real property or facility 
or for plant or facility acquisition, construction, or expansion; pur-
chase of passenger motor vehicles (not to exceed 7 for replacement 
only) $1,472,489,000, to remain available until expended. 
NUCLEAR WASTE DISPOSAL FUND 
For 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, $275,071,000, to 
remain available until expended, 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 his authority pursuant to section 
302(eX5) of said Act to issue obligations to the Secretary of the 
Treasury: Provided, That of the amount herein appropriated, within 
available funds, not to exceed $5,000,000 may be provided to the 
State of Nevada, for the conduct of its oversight responsibilities 
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 $4,000,000 may be provided to affected 
local governments, as defined in the Act, to conduct appropriate 
activities pursuant to the Act: Provided further, That the distribu-
tion of the funds herein provided among the affected units of local 
government shall be determined by the Department of Energy 
(DOE) and made available to the State and affected units of local 
government by direct payment: Provided further. That within 90 
days of the completion of each Federal fiscal year, each entity shall 
provide certification to the DOE, that all funds expended from such 
direct payment moneys have been expended for activities as defined 
in Public Law 97-425, as amended. Failure to provide such certifi-
cation 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 Con-
105 STAT. 528 
PUBLIC LAW 102-104—AUG. 17, 1991 
gress 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 of the amount appropriated herein, up to $3,500,000 shall be 
available for infrastructure studies and other research and develop-
ment work to be carried out by the University of Nevada, Las Vegas 
(UNLV) and the University of Nevada, Reno. Funding to the univer-
sities will be administered by the DOE through a cooperative agree-
ment. 
In paying the amounts determined to be appropriate as a result of 
the decision in Consolidated Edison Company of New York v. 
Department of Energy 870 F.2d 694 (D.C. Cir. 1989), the Department 
of Energy shall pay interest at a rate to be determined by the 
Secretary of the Treasury and calculated from the date the amounts 
were deposited into the Nuclear Waste Fund. Such payments may 
be made by credits to future utility payments into the fund. 
ISOTOPE PRODUCTION AND DISTRIBUTION PROGRAM FUND 
42 use 2061 
Revenues received hereafter from the disposition of isotopes and 
"°*®' 
related services shall be credited to this account, to be available for 
carrying out the purposes of the isotope production and distribution 
program without further appropriation: Provided, That such reve-
nues and all funds provided under this head in Public Law 101-101 
shall remain available until expended: Provided further. That if at 
any time the amounts available to the fund are insufficient to 
enable the Department of Energy to discharge its responsibilities 
with respect to isotope production and distribution, the Secretary 
may borrow from amounts available in the Treasury, such sums as 
are necessary up to a maximum of $8,500,000, to remain available 
until expended. 
ATOMIC ENERGY DEFENSE ACTIVITIES 
WEAPONS ACTIVITIES 
For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and 
other incidental expenses necessary for atomic energy defense weap-
ons activities in carrjdng out the purposes of the Department of 
Energy Organization Act (42 U.S.C. 7101, et seq.), including the 
acquisition or condemnation of any real property or any facility or 
for plant or facility acquisition, construction, or expansion; and the 
purchase of passenger motor vehicles (not to exceed 96 for replace-
ment only, and purchase of one rotary-wing aircraft, for replace-
ment only), $4,623,428,000, to remain available until expended. 
NEW PRODUCTION R
E
A
C
T
O
R 
For Department of Energy expenses, including the purcheise, 
construction and acquisition of plant and capital equipment and 
other incidental expenses necessary for atomic energy defense new 
production reactor activities in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7i01, et seq.), 
including the acquisition or condemnation of any real property or 
any facility or for plant or facility acquisition, construction, or 
expansion, $515,500,000, to remain available until expended, of 
which $100,000,()00 shall be for design of new production reactor 
PUBLIC LAW 102-104—AUG. 17, 1991 
105 STAT. 529 
capacity, to become available for obligation sixty days after issuance 
of the Record of Decision on the Environmental Impact Statement 
on New Production Reactor Capacity. 
DEFENSE ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT 
For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and 
other incidental expenses necessary for atomic energy defense 
environmental restoration and waste management activities in 
carr3dng out the purposes of the Department of Energy Organiza-
tion 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; and the purchase of pas-
senger motor vehicles (not to exceed 70 for replacement only, and 
purchase of one rotary-wing aircraft, for replacement only), 
$3,680,672,000, to remain available until expended, of which 
$17,100,000 shall be available only for the Environmental and 
Molecular Sciences Laboratory, and of which $20,000,000 shall be 
made available to the State of New Mexico to assist the State and its 
affected units of local government in mitigating the environmental, 
social, economic, and other impacts resulting from the Waste Isola-
tion Pilot Plant: Provided, That a portion of the $20,000,000 received 
by the State of New Mexico may be provided directly to the affected 
units of local government in the vicinity of, and along the transpor-
tation routes to, the Waste Isolation Pilot Plant based on a State 
assessment of needs, conducted in consultation with its affected 
units of local government, and the demonstration of impacts: Pro-
vided further. That the $20,000,000 shall be provided upon initiation 
of the performance sissessment phase at the Waste Isolation Pilot 
Plant site. 
~ 
MATERIALS PRODUCTION AND OTHER DEFENSE PROGRAMS 
For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and 
other incidental expenses necessary for atomic energy defense mate-
rials production, and other defense program activities in carrying 
out the purposes of the Department of Energy Organization Act (42 
U.S.C. 7101, et seq.), including the acquisition or condemnation of 
any real property or any facility or for plant or facility acquisition, 
construction, or expansion; and the purchase of passenger motor 
vehicles (not to exceed 70 for replacement only), $3,148,400,000, to 
remain available until expended. 
DEPARTMENTAL ADMINISTRATION 
For salaries and expenses of the Department of Energy necessary 
for Departmental Administration and other activities in carrying 
out the purposes of the Department of Energy Organization Act 
(Public Law 95-91), including the hire of passenger motor vehicles 
and official reception and representation expenses (not to exceed 
$35,000), $405,976,000, to remain available until expended, plus such 
additional amounts as necessary to cover increases in the estimated 
amount of cost of work for others notwithstanding the provisions of 
the Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That such 
incregises in cost of work are offset by revenue increases of the same 
or greater amount, to remain available until expended: Provided 
105 STAT. 530 
PUBLIC LAW 102-104—AUG. 17, 1991 
further. That moneys received by the Department for miscellEineous 
revenues estimated to total $284,352,000 in fiscal year 1992 may be 
retained and used for operating expenses within this account, and 
may remain available until expended, as authorized by section 201 
of Public Law 95-238, notwithstanding the provisions of section 3302 
of title 31, United States Code: Provided further. That the sum 
c herein appropriated shall be reduced by the amount of miscellane-
ous revenues received during fiscal year 1992 so as to result in a 
final fiscal year 1992 appropriation estimated at not more than 
$121,624,000: Provided further. That of the sum herein appropriated, 
$1,300,000 shall be used for the Reduced Enrichment in Research 
and Test Reactors Program under the office of International Affairs 
and Energy Emergencies. 
OFFICE OF THE INSPECTOR GENERAL 
For necessary expenses of the Office of the Inspector General in 
carrjdng out the provisions of the Inspector General Act of 1978, as 
amended, $31,431,000, to remain available until expended. 
POWER MARKETING ADMINISTRATIONS 
OPERATION AND MAINTENANCE, ALASKA POWER ADMINISTRATION 
For necessary expenses of operation and maintenance of projects 
in Alaska and of marketing electric power and energy, $3,218,000, to 
remain available until expended. 
BONNEVILLE POWER ADMINISTRATION FUND 
Expenditures from the Bonneville Power Administration Fund, 
established pursuant to Public Law 93-454, are approved for the 
purchase, maintenance and operation of two rotary-wing aircraft for 
replacement only; and for official reception and representation ex-
penses in an amount not to exceed $3,000. 
During fiscal year 1992, no new direct loan obligations may be 
made. 
OPERATION AND MAINTENANCE, SOUTHEASTERN POWER 
ADMINISTRATION 
For necessary expenses of operation and maintenance of power 
transmission facilities and of marketing electric power and energy 
pursuant to the provisions of section 5 of the Flood Control Act of 
1944 (16 U.S.C. 825s), £is applied to the southeastern power area, 
$23,869,000, to remain available until expended. 
OPERATION AND MAINTENANCE, SOUTHWESTERN POWER 
ADMINISTRATION 
For necessary expenses of operation and maintenance of power 
transmission facilities and of marketing electric power and energy, 
and for construction and acquisition of transmission lines, sub-
stations and appurtenant facilities, and for administrative expenses, 
including official reception and representation expenses in an 
amount not to exceed $1,500 connected therewith, in carrying out 
the provisions of section 5 of the Flood Control Act of 1944 (16 U.S.C. 
825s), as applied to the southwestern power area, $28,464,000, to 
PUBLIC LAW 102-104—AUG. 17, 1991 
105 STAT. 531 
remain available until expended; in addition, notwithstanding the 
provisions of 31 U.S.C. 3302, not to exceed $8,820,000 in reimburse-
ments, to remain available until expended. 
CONSTRUCTION, REHABIUTATION, OPERATION AND MAINTENANCE, 
WESTERN AREA POWER ADMINISTRATION 
(INCLUDING TRANSFER OF FUNDS) 
For carrying out the functions authorized by title III, section 
302(a)(1)(E) of the Act of August 4, 1977 (Public Law 95-91), and 
other related activities including conservation and renewable re-
sources programs as authorized, including official reception and 
representation expenses in an amount not to exceed $1,500, 
$306,478,000, to remain 
available until expended, of which 
$278,173,000 shall be derived from the Department of the Interior 
Reclamation fund; in addition, the Secretary of the Treasury is 
authorized to transfer from the Colorado River Dam Fund to the 
Western Area Power Administration $5,465,000, to carry out the 
power marketing and transmission activities of the Boulder Canyon 
project as provided in section 104(a)(4) of the Hoover Power Plant 
Act of 1984, to remain available until expended. 
FEDERAL ENERGY REGULATORY COMMISSION 
SALARIES A N D EXPENSES 
For necessary expenses of the Federal Energy Regulatory 
Commission to carry out the provisions of the Department of Energy 
Organization Act (Public Law 95-91), including services as au-
thorized by 5 U.S.C. 3109, including the hire of passenger motor 
vehicles; official reception and representation expenses (not to 
exceed $3,000); $141,071,000, to remain available until expended: 
Provided, That hereafter and notwithstanding any other provision 42 USC 7171 
of law, not to exceed $141,071,000 of revenues from fees and annual 
^°^-
charges, and other services and collections in fiscal year 1992, shall 
be retained and used for necessary expenses in this account, and 
shall remain available until expended: Provided further. That the 
sum herein appropriated shall be reduced as revenues are received 
during fiscal year 1992, so as to result in a final fiscal year 1992 
appropriation estimated at not more than $0. 
The Federal Energy Regulatory Commission is authorized pursu- 
15 USC 717c 
ant to section 4 of the Natural Gas Act to allow recovery, in "°*® 
advance, of expenses by natural-gas companies for research, devel-
opment and demonstration activities by the Gas Research Institute 
for projects on the use of natural gas in motor vehicles and on the 
use of natural gas to control emissions from the combustion of other 
fuels: Provided, That the Commission finds that the benefits, includ-
ing environmental benefits, to both existing and future ratepayers 
resulting from such activities exceed all direct costs to both existing 
and future ratepayers. 
GENERAL 
PROVISIONS—DEPARTMENT 
OF 
ENERGY 
SEC. 301. Appropriations for the Department of Energy under this 
title for the current fiscal year shall be available for hire of pas-
senger motor vehicles; hire, maintenance and operation of aircraft; 
purchase, repair and cleaning of uniforms; and reimbursement to 
105 STAT. 532 
PUBLIC LAW 102-104—AUG. 17, 1991 
Colleges and 
universities. 
Disadvantaged. 
the General Services Administration for security guard services. 
From these appropriations, transfers of sums may be made to other 
agencies of the United States Government for the performance of 
work for which this appropriation is made. None of the funds made 
available to the Department of Energy under this Act shall be used 
to implement or finance authorized price support or loan guarantee 
programs unless specific provision is made for such programs in an 
appropriation Act. The Secretary is authorized to accept lands, 
buildings, equipment, and other contributions from public and pri-
vate sources and to prosecute projects in cooperation with other 
agencies. Federal, State, private, or foreign. 
(TRANSFER OF FUNDS) 
SEC. 302. Not to exceed 5 per centum of any appropriation made 
available for the current fiscal year for Department of Energy 
activities funded in this Act may be transferred between such 
appropriations, but no such appropriation, except as otherwise pro-
vided, shall be increased or decreased by more than 5 per centum by 
any such transfers, and any such proposed transfers shall be submit-
ted promptly to the Committees on Appropriations of the House and 
Senate. 
(TRANSFERS OF UNEXPENDED BALANCES) 
SEC. 303. The unexpended balances of prior appropriations pro-
vided for activities in this Act may be transferred to appropriation 
accounts for such activities established pursuant to this title. Bal-
ances so transferred may be merged with funds in the applicable 
established accounts and thereafter may be accounted for £is one 
fund for the same time period as originally enacted. 
MINORITY PARTICIPATION IN THE SUPERCONDUCTING SUPER COLUDER 
SEC. 304. (a) FEDERAL FUNDING.—The Secretary of Energy shall, to 
the fullest extent possible, ensure that at least 10 per centum of 
Federal funding for the development, construction, and operation of 
the Superconducting Super Collider be made available to business 
concerns or other organizations owned or controlled by socially and 
economically disadvantaged individuals (within the meaning of sec-
tion 8(a) (5) and (6) of the Small Business Act (15 U.S.C. 637(a) (5) and 
(6))), including historically black colleges and universities and col-
leges and universities having a student body in which more than 20 
percent of the students are Hispanic Americans or Native Ameri-
cans. For purposes of this section, economically and socially dis-
advantaged individuals shall be deemed to include women. 
Qo) OTHER PARTICIPATION.—The Secretary of Energy shall, to the 
fullest extent possible, ensure significant participation, in addition 
to that described in subsection (a), in the development, construction, 
and operation of the Superconducting Super Collider by socially and 
economically disadvantaged individuals (within the meaning of sec-
tion 8(a) (5) and (6) of the Small Business Act (15 U.S.C. 637(a) (5) and 
(6))) and economically disadvantaged women. 
PUBLIC LAW 102-104—AUG. 17, 1991 
105 STAT. 533 
TITLE IV 
INDEPENDENT AGENCIES 
APPALACHIAN REGIONAL COMMISSION 
For expenses necessary to carry out the programs authorized by ^^,^^^ ^PP-
the Appalachian Regional Development Act of 1965, as amended, 
notwithstanding section 405 of said Act, and for necessary expenses 
for the Federal Cochairman and the alternate on the Appalachian 
Regional Commission and for payment of the Federal share of the 
administrative expenses of the Commission, including services as 
authorized by section 3109 of title 5, United States Code, and hire of 
passenger motor vehicles, to remain available until expended, 
$190,000,000. 
DEFENSE NUCLEAR FACILITIES SAFETY BOARD 
SALARIES AND EXPENSES 
For necessary expenses of the Defense Nuclear Facilities Safety 
Board in carrying out activities authorized by the Atomic Energy 
Act of 1954, as amended by Public Law 100-456, section 1441, 
$11,500,000, to remain available until expended. 
DELAWARE RIVER BASIN COMMISSION 
SALARIES AND EXPENSES 
For expenses necessary to carry out the functions of the United 
States member of the Delaware River Basin Commission, as 
authorized by law (75 Stat. 716), $300,000. 
CONTRIBUTION TO DELAWARE RIVER BASIN COMMISSION 
For payment of the United States share of the current expenses of 
the Delaware River Basin Commission, as authorized by law (75 
Stat. 706, 707), $475,000. 
INTERSTATE COMMISSION ON THE POTOMAC RIVER BASIN 
CONTRIBUTION TO INTERSTATE COMMISSION ON THE POTOMAC RIVER 
BASIN 
To enable the Secretary of the Treasury to pay in advance to the 
Interstate Commission on the Potomac River Basin the Federal 
contribution toward the expenses of the Commission during the 
current fiscal year in the administration of its business in the 
conservancy district established pursuant to the Act of July 11, 1940 
(54 Stat. 748), as amended by the Act of September 25, 1970 (Public 
Law 91-407), $510,000, of which $210,000 shall be available for the 
local sponsor's share of the cost of the United States Army Corps of 
Engineers Anacostia River and Tributaries study in Maryland and 
the District of Columbia or other activities associated with the 
restoration of the Anacostia River. 
401 note. 
105 STAT. 534 
PUBLIC LAW 102-104—AUG. 17, 1991 
NUCLEAR REGULATORY COMMISSION 
SALARIES AND EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of the Commission in carr3dng out the 
purposes of the Energy Reorganization Act of 1974, as amended, and 
the Atomic Energy Act of 1954, as amended, including the employ-
ment of aliens; services authorized by section 3109 of title 5, United 
States Code; publication and dissemination of atomic information; 
purchase, repair, and cleaning of uniforms, official representation 
expenses (not to exceed $20,000); reimbursements to the General 
Services Administration for security guard services; hire of pas-
senger motor vehicles and aircraft, $508,810,000, to remain available 
until expended, of which $19,962,000 shall be derived from the 
Nuclear Waste Fund: Provided, That from this appropriation, trans-
fer of sums may be made to other agencies of the Government for 
the performance of the work for which this appropriation is made, 
and in such cases the sums so transferred may be merged with the 
appropriation to which transferred: Provided further, That moneys 
received by the Commission for the cooperative nuclear safety re-
search program, services rendered to foreign governments and inter-
national organizations, and the material and information access 
authorization programs, including criminal history checks under 
section 149 of the Atomic Energy Act of 1954, as amended, may be 
retained and used for salaries and expenses associated with those 
activities, notwithstanding the provisions of section 3302 of title 31, 
United States Code, and shall remain available until expended: 
Provided further. That revenues from licensing fees, inspection 
services, and other services and collections estimated at $488,848,000 
in fiscal year 1992 shall be retained and used for necessary salaries 
and expenses in this account, notwithstanding the provisions of 
section 3302 of title 31, United States Code, and shall remain 
available until expended: Provided further. That the sum herein 
appropriated shall be reduced by the amount of revenues received 
during fiscal year 1992 from licensing fees, inspection services, and 
other services and collections, excluding those moneys received for 
the cooperative nuclear safety research program, services rendered 
to foreign governments and international organizations, and the 
material and information access authorization programs, so as to 
result in a final fiscal year 1992 appropriation estimated at not more 
than $19,962,000. 
OFFICE OF INSPECTOR GENERAL 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, including services authorized by section 3109 of title 5, 
United States Code, $3,690,000, to remain available until expended; 
and in addition, an amount not to exceed 5 percent of this sum may 
be transferred from Salaries and Expenses, Nuclear Regulatory 
Commission: Provided, That notice of such transfers shall be given 
to the Committees on Appropriations of the House and Senate: 
Provided further. That from this appropriation, transfers of sums 
may be made to other agencies of the Government for the perform-
PUBLIC LAW 102-104—AUG. 17, 1991 
105 STAT. 535 
ance of the work for which this appropriation is made, and in such 
cases the sums so transferred may be merged with the appropriation 
to which transferred: Provided further. That revenues from licens-
ing fees, inspection services, and other services and collections shall 
be retained and used for necessary salaries and expenses in this 
account, notwithstanding the provisions of section 3302 of title 31, 
United States Code, and shall remain available until expended: 
Provided further, That the sum herein appropriated shall be re-
duced by the amount of revenues received during fiscal year 1992 
from licensing fees, inspection services, and other services and 
' 
collections, so as to result in a final fiscal year 1992 appropriation 
estimated at not more thgm. $0. 
NUCLEAR WASTE TECHNICAL REVIEW BOARD 
SALARIES AND EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of the Nuclear Waste Technical Review 
Board, £is authorized by Public Law 100-203, section 5051, 
$3,294,000, to be transferred from the Nuclear Waste Fund and to 
remain available until expended. 
SUSQUEHANNA RIVER BASIN COMMISSION 
SALARIES AND EXPENSES 
For expenses necessary to carry out the functions of the United 
States member of the Susquehanna River Basin Commission as 
authorized by law (84 Stat. 1541), $284,000. 
CONTRIBUTION TO SUSQUEHANNA RIVER BASIN COMMISSION 
For payment of the United States share of the current expenses of 
the Susquehanna River Basin Commission, as authorized by law (84 
Stat. 1530,1531), $310,000. 
TENNESSEE VALLEY AUTHORITY 
TENNESSEE VALLEY AUTHORITY FUND 
For the purpose of carrying out the provisions of the Tennessee 
Valley Authority Act of 1933, ^ amended (16 U.S.C. ch. 12A), 
including purchase, hire, maintenance, and operation of aircraft, 
and purchase and hire of passenger motor vehicles, and for entering 
into contracts and making payments under section 11 of the Na-
tional Trails System Act, as amended, $135,000,000, to remain avail-
able until expended: Provided, 
That this appropriation and other 
16 USC 83lb 
moneys available to the Tennessee Valley Authority may be used 
^°^-
hereafter for pa5rment of the allowances authorized by section 5948 
of title 5, United States Code. 
TITLE V—GENERAL PROVISIONS 
SEC. 501. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein. 
105 STAT. 536 
PUBLIC LAW 102-104—AUG. 17, 1991 
SEC. 502. None of the funds in this Act shall be used to pay the 
~ 
expenses of, or otherwise compensate, parties intervening in regu-
latory or adjudicatory proceedings funded in this Act. 
SEC. 503. None of the programs, projects or activities as defined in 
the report accompanying this Act, may be eliminated or dispropor-
tionately reduced due to the application of "Savings and Slippage", 
"general reduction", or the provision of Public Law 99-177 or Public 
Law 100-119 unless such report expressly provides otherwise. 
SEC. 504. The expenditure of any appropriation under this Act for 
any consulting service through procurement contract, pursuant to 
section 3109 of title 5, United States Code, shall be limited to those 
contracts where such expenditures are a matter of public record and 
available for public inspection, except where otherwise provided 
under existing law, or under existing Executive order issued pursu-
ant to existing law. 
SEC. 505. None of the funds appropriated in this Act shall be used 
to implement a program of retention contracts for senior employees 
of the Tennessee Valley Authority. 
SEC. 506. Notwithstanding any other provision of this Act or any 
other provision of law, none of the funds made available under this 
Act or any other law shall be used for the purposes of conducting 
any studies relating or leading to the possibility of changing from 
the currently required "at cost" to a "market rate" or any other 
noncost-based method for the pricing of hydroelectric power by the 
six Federal public power authorities, or other agencies or authorities 
of the Federal Government, except as may be specifically authorized 
by Act of Congress hereafter enacted. 
SEC. 507. Such sums as may be necessary for fiscal year 1992 pay 
raises for programs funded by this Act shall be absorbed within the 
levels appropriated in this Act. 
This Act may be cited as the "Energy and Water Development 
Appropriations Act, 1992". 
Approved August 17, 1991. 
LEGISLATIVE HISTORY—H.R. 2427: 
HOUSE REPORTS: Nos. 102-75 (Comm. on Appropriations) and 102-177 (Comm. of 
SENATE REPORTS: No. 102-80 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 137 (1991): 
May 29, considered and passed House. 
July 9, 10, considered and passed Senate, amended. 
July 31, Aug. 1, House agreed to conference report; receded and concurred in 
certain Senate amendments, in others with amendments. 
Aug. 2, Senate agreed to conference report; concurred in House amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 27 (1991): 
Aug. 17, Presidential statement.