Energy and Water Development Appropriations Act, 1993
PL 102-377 (H.R.5373), enacted 10/02/1992

PUBLIC LAW 102-377—OCT. 2, 1992 
106 STAT. 1315 
Public Law 102-377 
102d Congress 
An Act 
Making appropriations for energy and water development for the fiscal year ending 
Oct. 2, 1992 
September 30, 1993, and for other purposes. 
[H.R. 5373] 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the Energy and 
following sums are appropriated, out of any money in the Treasury ^^^^ ^^^^ 
not otherwise appropriated, for the fiscal year ending September Approp'^trons 
30,1993, for energy and water development, and for other purposes. Act, 1993. 
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, beuch 
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, $175,780,000, to remain available until expended: 
Provided, That with funds appropriated herein, the Secretary of 
the Army, acting through the Chief of En^neers, is directed to 
undertake the following items under General 
Investigations in fiscal 
year 1993 in the amounts specified: 
Los Angeles CounW Drainage Area Water Conservation 
and Supply, California, $200,000; 
Los Ajigeles River Watercourse Improvement, California, 
$300,000; 
Rancho Palos Verdes, California, $400,000; 
Miami River Sediments, Florida, $50,000; 
Monroe County (Smathers Beach), Florida, $500,000; 
Casino Beach, Illinois, $110,000; 
Chicago Shoreline, Illinois, $600,000; 
McCook and Thornton Reservoirs, Illinois, $3,500,000; 
Lake George, Hobart, Indiana, $260,000; 
Little Calumet River Basin (Cady Marsh Ditch), Indiana, 
$170,000; 
Mississippi River, Vicinity of St. Louis, Missouri, $500,000; 
106 STAT. 1316 
PUBLIC LAW 102-377—OCT. 2, 1992 
Ste. Genevieve, Missouri, $750,000; 
Passaic River Mainstem, New Jersey, $10,000,000; and 
Red 
River 
Waterway, 
Shreveport, 
Louisiana, 
to 
Daingerfield, Texas, $2,800,000: 
Provided further, That using $320,000 of the funds appropriated 
herein, the Secretary of the Army, acting through the Unief of 
Engineers, is directed to continue the cost-shared feasibility study 
of the Calleguas Creek, California, project based on the reconnais-
sance phase analyses of full intensification benefits resulting from 
a change in cropping patterns to more intensive crops within the 
floodplain. The feasibility study will consider the agricultural bene-
fits using both traditional and nontraditional methods, and will 
include an evaluation of the benefits associated with the environ-
mental protection and restoration of Mugu Lagoon: Provided further, 
That using $200,000 of the funds appropriated herein, the Secretary 
of the Aniiy, acting through the Chief of Engineers, is directed 
to conduct a cost-shared feasibility study for flood control at Norco 
Bluffs, California, based on flood related flows and channel migra-
tion which have caused bank destabilization and damaged private 
property and public utilities in the area: Provided further. That 
using $300,000 of the fimds appropriated herein, the Secretary 
of the Army, acting through the Chief of Engineers, is directed 
to expand the study of long-term solutions to shoaling problems 
in Santa Cruz Harbor, California, by incorporating the study of 
erosion problems between the harbor and the easterly limit of 
the City of Capitola, particularly beach-fill tjrpe solutions which 
use sand imported from within or adjacent to the harbor: Provided 
further. That using $210,000 of the funds appropriated herein, 
the Secretary of the Army, acting through the Chief of Engineers, 
is directed to include the study of Alafia River as part of the 
Tampa Harbor, Alafia River and Big Bend, Florida, feasibility study: 
Provided further. That the Secretary of the Army, acting through 
the Chief of Engineers, is directed to undertake a study of a green-
way corridor along the Ohio River in New Albany, Clarksville, 
and Jeffersonville, Indiana, using $125,000 of the funds appro-
priated under this heading in Public Law 101-101 for Jeffersonville, 
Indiana, $127,000 of the funds appropriated under this heading 
in Public Law 101-514, and $250,000 of the funds appropriated 
imder this heading in Public Law 102-104: Provided further. That 
using $450,000 of the funds appropriated herein, the Secretary 
of the Army, acting through the Chief of Engineers, is directed 
to continue the development of a comprehensive waterfront plan 
for the White River in central Indianapolis, Indiana: Provided fur-
ther, That using $250,000 of the funds appropriated herein, the 
Secretary of the Army, acting through the Chief of Engineers, 
is directed to conduct a feasibility study of the Muddy River, Boston, 
Massachusetts: Provided further, That using $50,000 of the funds 
appropriated herein, the Secretary of the Army, acting through 
the Chief of Engineers, is directed to undertake feasibility phase 
studies for the Clinton River Spillway, Michigan, project: Provided 
further, That using $600,000 of the funds appropriated herein and 
$900,000 of the funds appropriated under this heading in Public 
Law 102-104, the Secretary of the Army, acting through the Chief 
of Engineers, is directed to continue preconstruction engineering 
and design of the St. Louis Harbor, Missouri and Illinois, project: 
Provided further. That using $3,500,000 of the funds appropriated 
herein, the Secretary of the Army, acting through the Chief of 
PUBLIC LAW 102-377—OCT. 2, 1992 
106 STAT. 1317 
Engineers, is directed to continue preconstruction engineering and 
design of the Raritan River Basin, Green Brook Sub-Basin, New 
Jersey, project in accordance with the design directives for the 
project contained in PubUc Law 100-202: Provided further. That 
using $440,000 of the funds appropriated herein, the Secretary 
of the Army, acting through the Chief of Engineers, is directed 
to review and evaluate the plan prepared by the City of Buffalo, 
New York, to relieve flooding and associated water quality problems 
in the north section of the city and to recommend other cost-
effective alternatives to relieve the threat of flooding: Provided 
further. That using $150,000 of the funds appropriated herein, 
the Secretary of the Army, acting through the Chief of Engineers, 
is directed to undertake a reconnaissance study of the existing 
resources of the Black Fox and Oakland Spring wetland areas 
in Murfreesboro, Tennessee, and examine ways to maintain and 
exhibit the wetlands, including an environmental education facility: 
Provided further. That using $950,000 of the fluids appropriated 
under this heading in Public Law 102-104, the Secretary of the 
Army, acting through the Chief of Engineers, is directed to complete 
P
reconstruction engineering and design for the Richmond Filtration 
lant, Richmond, Virginia, project: Provided further. That using 
$250,000 of the funds appropriated herein, the Secretary of the 
Army, acting through the Chief of Engineers, is directed to continue 
the study of the disposition of the current Walla Walla, Washington, 
District headquarters including preparation of the environmental 
assessment and design work associated with demolition of the 
building: Provided further. That using $2,800,000 of the fimds 
appropriated herein, 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 evaluate the results of completed research and develop-
ment associated with an advanced high speed magnetic levitation 
transportation system and to prepare and present documents 
simimarizing the research findings and supporting the resultant 
recommendations concerning the Federal role in advancing United 
States maglev technolo^: Provided further. That using $300,000 
of the funds appropriatea herein, the Secretary of the Army, acting 
through the Chief of Engineers, is directed to initate the feasibility 
phase of the study of the Devil's Lake Basin, North Dakota, and 
shall address the needs of the area for water management; sta-
bilized lake levels, to include inlet and outlet controls; water supply; 
water quality; recreation; and enhancement and conservation of 
fish and wilcUife: Provided further. That the Secretary of the Army, 
acting through the Chief of Engineers, is directed to utilize up 
to $100,000, within available funds, to initiate studies to determine 
the necessary remedial measures to restore the environmental 
integrity of the l£ike area and channel depths necessary for small 
recreational boating in the vicinity of Drakes Creek Park on Old 
Hictory Lake, Tennessee: Provided further. That using $500,000 
of available funds, the Secretary of the Army, acting through the 
Chief of Engineers, is directed to initiate preconstruction engineer-
ing and design; and environmental studies for the Kaumalapau 
Harbor, Lanai, Hawaii, project: Provided further. That the Secretary 
of the Army, acting through the Chief of Engineers is directed 
to utiHze up to $500,000, within available funds, to undertake 
a reconnaissance level study on flooding problems associated with 
tlie sanitary landfill on the Salt River Pima-Maricopa Indian Res-
106 STAT. 1318 
PUBLIC LAW 102-377—OCT. 2, 1992 
ervation in the vicinity of the Salt River, Arizona: Provided 
further. 
That using $500,000 appropriated herein, to remain available until 
expended, the Secretary of the Army acting through the Chief 
of Engineers, is directed to continue preconstruction, engineering 
and design for the Kentucky Lock addition in accordance with 
the Report of the Chief of Engineers, dated June 1, 1992: Provided 
further, That the Secretary of the Army, acting through the Chief 
of Engineers is directed to use $1,000,000 of available funds to 
carry out the purposes of section 411 of Public Law 101-640. 
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 
participation by States, local governments, or private groups) 
authorized or made eligible for selection by law (but such studies 
shall not constitute a commitment of the (government to construc-
tion), $1,230,503,000, to remain available until expended, of which 
such sums as are necessary pursuant to Public Law 99-662 shall 
be derived from the Inland Waterways Trust Fund, for one-half 
of the costs of construction and rehabilitation of inland waterways 
projects, including rehabilitation costs for the following projects: 
Mississippi River, Lock and Dam 13, Illinois and Iowa; Mississippi 
River, Lock and Dam 15, Illinois and Iowa; Illinois Waterway, 
Brandon Road, Dresden Island, Marseilles, and Lockport Locks 
and Dams, Illinois: Provided, That with funds appropriated herein, 
the Secretary of the Army, acting through the Chief of Engineers, 
is directed to undertake the following projects in fiscal year 1993 
in the amounts specified: 
Kissimmee River, Florida, $8,000,000; 
O'Hare Reservoir, Illinois, $3,000,000; 
Des Moines Recreational River and Greenbelt, Iowa, 
$2,500,000; 
Red River Basin Chloride Control, Texas and Oklahoma, 
$6,000,000; 
Wallisville Lake, Texas, $500,000; and 
LaConner, Washington, $870,000: 
Provided further, That using $7,653,000 of the funds appropriated 
herein, the Secretary of the Army, acting through the (Jhief of 
Engineers, is directed to continue the project to correct seepage 
problems at Beaver Lake, Arkansas, and all costs incurred in carry-
mg out that project shall be recovered in accordance with the 
provisions of section 1203 of the Water Resources Development 
Act of 1986: Provided further. That the Secretary of the Army, 
acting through the Chief of Engineers, is directed to base all eco-
nomic analyses of the Sacr£miento River Flood Control (Deficiency 
Correction), California, project on the benefits of the entire project, 
rather than the benefits of individual increments of the project: 
Provided further. That the Secretary of the Army, acting through 
the Chief of Engineers, shall expend $500,000 of the funds appro-
priated herein and additional amounts as required from previously 
appropriated funds to continue plans and specifications, environ-
mental documentation, and the comprehensive hydraulic modeling 
necessary to achieve to the maximum extent practicable in fiscal 
year 1993 the project to restore the riverbed gradient at Mile 
PUBLIC LAW 102-377—OCT. 2, 1992 
106 STAT. 1319 
206 of the Sacramento River in California, for purposes of stabilizing 
the level of the river and establishing the proper hydraulic head 
to facilitate new fish protection facilities, the planning, design and 
implementation of which are integrally related to the planning, 
design and implementation of the project to restore the flood-dam-
aged riverbed gradient: Provided further, That using $660,000 in 
funds previously appropriated in Public Law 102-104, the Secretary 
of the Army, acting through the Chief of Engineers, is directed 
to develop a floodplain management planning model for the Yolo 
Bjrpass and adjacent areas as deemed appropriate, except, as pro-
vided in section 321 of Public Law 101-640, such funds shall 
not be subject to cost-sharing requirements. The one-time construc-
tion of operation and maintenance facilities associated with the 
Yolo Basin Wetlands, Sacramento River, California, project shall 
be included as part of project costs for the purposes of cost-sharing 
authorized by law: Provided further, That using $4,000,000 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 San Timoteo feature 
of the Santa Ana River Mainstem, California, project: Provided 
further. That using funds available in this Act or any previous 
appropriations Act, the Secretary of the Army shall undertake 
at Federal expense such actions as are necessary to ensure the 
safety and integrity of the work performed under Contract Number 
DACW05-86-C-0101 for the Walnut Creek, California, flood control 
project: Provided further. That using $700,000 of the funds appro-
priated herein, the Secretary of the Army, acting through the Chief 
of Engineers, is directed to continue work on project modifications 
for the improvement of the environment, as part of the Anacostia 
River Flood Control and Navigation project. District of Columbia 
and Maryland, under the authority of section 1135 of Public Law 
99-662, as amended: Provided further. That using $3,000,000 of 
the funds appropriated under this heading in Public Law 101-
514, the Secretary of the Army, acting through the Chief of Engi-
neers, is directed to complete real estate appraisals and make 
offers to willing sellers for the purchase of land at Red Rock Lake 
and Dam, Iowa, no later than October 31, 1993, in accordance 
with Public Law 99-190: Provided further. That with $22,500,000 
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 to undertake structural and nonstructural 
work associated with the Barbourville, Kentucky, and the Harlan, 
Kentucky, elements 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 $20,565,000 
of the funds appropriated herein to remain available until expended, 
the Secretary of the Army, acting through the Chief of Engineers, 
is directed to continue to undertake structural and nonstructural 
work associated with the Matewan, West Virginia, elements 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 $23,000,000 of prior year appro-
priations 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, Tug Fork 
Tributaries; West Virginia, Upper Tug Fork, West Virginia/ element 
of the Levisa and Tug Forks of the Big Sandy River and Upper 
> Editorial Note: When the original law was received at the National Archives and Records Administration these 
words were marked out in pencil. 
106 STAT. 1320 
PUBLIC LAW 102-377—OCT. 2, 1992 
Cumberland River project authorized by section 202 of Public Law 
9&-367: Provided further. That with $1,500,000 of the funds appro-
priated herein to remain available until expended, the Secretary 
of the Anny, acting through the Chief of Engineers, is directed 
to initiate and complete construction, using continuing contracts, 
of the Hatfield Bottom, 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 $1,195,000 of the funds appropriated herein 
to remain available imtil expended, the Secretaiy of the Army, 
acting through the Chief of Engineers, is directed to expedite 
completion of specific project reports for McDowell County, West 
Virginia, Upper Mingo Coimty, West Virginia, Wayne Covmty, West 
Virginia, tfpper Tug Fork 'tributaries, West Virginia, Tug Fork, 
West Virginia, and Pike Coimty, Kentucky: Provided further. That 
no fully allocated funding policy shall apply to construction of 
the Matewan, West Virginia, Lower Mingo County, West Virginia, 
Hatfield Bottom, West Virginia, Barbourville, Kentucky, and Har-
lan, Kentucky, elements of the Levisa and Tug Forks of the Big 
Sandy River and Upper Cumberland River project; and specific 
project reports for McDowell County, West Virginia, Upper Mingo 
County, West Virginia, Wayne County, West Virginia, Tug Fork 
Tributaries, West Virginia, Upper Tug Fork, West Virginia, and 
Pike County, Kentucky: Provided further. That using $400,000 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(e)(1), in accordance with the Special Project Report 
for Salyersville, Kentucky, ^concurred in by the Ohio River Division 
Engineers on or about Jmy 26, 1989: Provided further. That using 
$7,700,000 of the funds appropriated herein and $4,300,000 of the 
funds appropriated in Public Law 102-104, the Secretary of the 
Army, actijig through the Chief of Engineers, is directed to incor-
porate parallel protection along the Orleans and London Avenue 
Oijtfall Canals into the authorized Lake Pontchartrain and Vicinity, 
^iOuisiana, Hurricane Protection proiect and award continuing con-
tracts for construction of this parallel protection to be cost-shared 
as part of the overall project, not separately, in accordance with 
the cost-sharing provisions outlined in Public Law 89-298 and 
Public Law 102-104. Therefore, agreements executed prior to 
June 1, 1992, between the Federal Government and local sponsors 
for the authorized project shall suffice for this purpose and will 
not require any additional local cost-sharing agreements or supple-
ments: Provided further. That using $4,400,000 of the funds appro-
priated herein, the Secretary of the Army, acting through the Chief 
of Engineers, is directed to continue design and construction of 
the Ouachita River levees, Louisiana, project in an orderly but 
expeditious manner including rehabilitation or replacement at Fed-
eral expense of all deteriorated drainage structures which threaten 
the security of this critical protection: Provided further. That the 
project for flood control, Sowashee Creek, Meridian, Mississippi, 
authorized by the Water Resources Development Act of 1986 (Public 
Law 99-662) is modified to authorize and direct the Secretary 
of the Army, acting through the Chief of Engineers, to construct 
the project with an expanded scope recreation plan, as described 
in the Post Authorization Change Report of the Chief of Engineers 
dated August 1991, and at a total project cost of $31,994,000 with 
PUBLIC LAW 102-377—OCT. 2, 1992 
106 STAT. 1321 
an estimated first Federal cost of $19,706,000 and an estimated 
non-Federal cost of $12,288,000. The Federal share of the cost 
of the recreation features shall be 50 percent exclusive of lands, 
easements, rights-of-way and relocations: Provided further, 
That 
using $175,000 of the funds appropriated herein, the Secretary 
of the Army, acting through the Cnief of Engineers, is directed 
to provide sewage disposal hookup for the Crosswinds Marina at 
the B. Everett Jordan Dam and Lake, North Carolina, project: 
Provided further. That using $300,000 of the funds appropriated 
herein, the Secretary of the Army, acting through the Chief of 
Engineers, is directed to continue work on the Feature Design 
Memorandum for the Forest Ridge Peninsula Recreation Area at 
the Falls Lake, North Carolina, project: Provided further. 
That 
using $5,000,000 of the funds appropriated herein, the Secretary 
of the Army, acting through the Chief of Engineers, is directed 
to continue work on the New York Harbor Collection and Removal 
of Drift, New York and New Jersey, project including the continu-
ation of engineering and design of the remaining portions of the 
Brooklyn 2, IQU Van KuU, Shooters Island, Bayonne, and Passaic 
River Reaches, the completion of the design memoranda for the 
Authur Kill, New York, and Arthur Kill, New Jersey, reaches, 
the continuation of construction on the Weehawken-Edgewater, New 
Jersey and Brookljm 2 reaches, and the completion of construction 
of the Jersey City North 2 reach: Provided further. That using 
$1,000,000 of the fluids appropriated herein, the Secretary of the 
Army, acting through the (Jnief of Engineers, is directed to initiate 
construction of the project for flood control, Molly Ann's Brook, 
New Jersey, in compliance with cost-sharing provided in section 
1062 of the Intermodal Surface Transportation Efficiency Act of 
1991 (Public Law 102-240): Provided further, That using $2,000,000 
of the funds appropriated herein to remain available until expended, 
the Secretary of the Army, acting through the Chief of Engineers, 
is authorized and directed to pay such sums or undertake such 
measures as are necessary to compensate for costs of repair, reloca-
tion, restoration, or protection of public and private property and 
facilities in Washington and Idaho damaged by the drawdown 
undertaken in March 1992 by the United States Army Corps of 
Engineers at the Little Goose and Lower Granite projects in 
Washington: Provided further. That using not to exceed $2,000,000 
of the funds appropriated herein for the Columbia River Juvenile 
Fish Mitigation, Washington, project, the Secretary of the Army, 
acting through the Chief of Engineers, is authorized to undertake 
advanced planning and design of modifications to public and private 
facilities that may be affected by operation oi John Day Dam 
at minimum operating pool (elevation 257 feet): Provided 
further. 
That using $2,500,000 of the funds appropriated herein, the Sec-
retary of the Army, acting through the Chief of Engineers, is 
directed upon dissolution of the injunction by the United States 
District Court, to conduct the necessary engineering and design, 
and prepare the plans and specifications to resume construction 
of the Elk Creek Dam in Oregon: Provided further. That the Sec-
retary of the Army is directed to permit the non-Federal sponsor 
of recreation facilities at Willow Creek Lake in Oregon to contribute, 
in lieu of cash, all or any portion of its share of the project with 
work in-kind, including volunteer labor and donated materials and 
equipment: Provided further. That with $2,000,000 of the funds 
appropriated herein, the Secretary of the Army, acting through 
106 STAT. 1322 
PUBLIC LAW 102-377—OCT. 2, 1992 
the Chief of Engineers, is directed to undertake further construction 
aspects of the Bethel, Alaska, Bank Stabilization Project as author-
ized by Public Law 99-662 including but not limited to the installa-
tion of steel whalers and additional rock toe protection to the 
pipe pile, bulkheads and other areas vulnerable to collapse: Provided 
further, 
That no fully allocated funding policy shall apply to 
construction of the Bethel, Alaska, Bank Stabilization Project and 
to the greatest extent possible the work described herein should 
be compatible with the authorized project: Provided further, That 
using funds made available in this Act or any previous appropria-
tions Act, the Secretary of the Army shall construct a project 
for streambank protection along 2.2 miles of the Tennessee River 
adjacent to Sequoyah Hills Park in Knoxville, Tennessee, at a 
total cost of $600,000, with an estimated first Federal cost of 
$450,000 and an estimated first non-Federal cost of $150,000: Pro-
vided further, That with $3,000,000 of the funds appropriated here-
in, the Secretary of the Army, acting through the Chief of Engineers, 
is authorized and directed to excavate the St. George Harbor, 
Alaska, entrance to -20 MLLW in accordance with the cost-sharing 
provisions in Public Law 99-662: Provided further. That using 
$250,000 of funds appropriated herein, the Secretary of the Army, 
acting through the Chief of Engineers, is directed to demolish 
and remove the India Point Railroad Bridge in the Seekonk River, 
Providence, Rhode Island as authorized by section 1166(c) of Public 
Law 99-662: Provided further. That with $600,000 of the funds 
appropriated herein, to remain available until expended, the Sec-
retary of the Army, acting through the Chief of Engineers, to 
correct a design deficiency at the Falls Lake, North Carolina project, 
is authorized and directed to implement Plan 5 as described in 
the Design Memo Supplement dated November 1988, concurred 
in by the South Atlantic Division Engineer in March 1989, or 
any modifications to Plan 5 that would require raising the spillway 
only, or that minimize or eliminate the need for land acquisition 
by the Corps, provided such modifications are agreeable to the 
North Carolina Division of Water Resources and do not compromise 
the projected water supply levels, with cost sharing as prescribed 
in the referenced report for this design deficiency; and, in addition, 
$130,000,000, to remain available until expended, is hereby appro-
priated for construction of the Red River Waterway, Mississippi 
River to Shreveport, Louisiana, project, and the Secretary of the 
Army is directed to continue the second phase of construction of 
Locks and Dams 4 and 5; to continue construction of the Curtis 
and Eagle Bend, Phase I, Revetments in Pool 5 which were pre-
1 
viously directed to be initiated in fiscal year 1992; to complete 
construction of the Carroll and Cupples Capouts, McDade, Moss, 
Sunny Point, and Eagle Bend, Phase II, Revetments in Pools 4 
and 5 which were previously directed to be initiated; to award 
continuing contracts in fiscal year 1993 for construction of the 
following features of the Red River Waterway which are not to 
be considered fully funded: recreation facilities in Pools 4 and 
5, Howard Capout, Westdale Capout, Piermont Capout, Coushatta 
fiood damage repairs, and Twelvemile Bayou Bend Revetment adja-
cent to Wells Island Road. 
PUBLIC LAW 102-377—OCT. 2, 1992 
106 STAT. 1323 
FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES, ARKANSAS, 
ILLINOIS, KENTUCKY, 
LOUISIANA, 
MISSISSIPPI, 
MISSOURI, 
AND 
TENNESSEE 
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), $351,182,000, to remain available until 
expended: 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 con-
structed 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 
E
rovided herein for operation and maintenance of Yazoo Basin 
rakes shall be available for the maintenance of road and trail 
surfaces, alignments, widths, and drainage features: Provided fur-
ther. That the Secretary of the Army, acting through the Chief 
of Engineers, is directed to use $1,000,000 of the funds appropriated 
herein to continue work on the Eastern Arkansas Region, Arkansas, 
project including the development and implementation of plans 
for one area to serve as a demonstration project. 
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, $1,541,668,000, 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 $16,000,000 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 $7,000,000 shall be available for obligation for national 
emergency 
preparedness 
programs: 
Provided 
further. 
That 
$2,285,000 of the funds appropriated herein shall be used by the 
Secretary of the Army, acting through the Chief of Engineers, 
to continue the development of recreational facilities at Hansen 
Dam, California: Provided further. That $2,000,000 of the funds 
appropriated herein, to remain available until expended, shall be 
used by the Secretary of the Army, acting through the Chief of 
Engineers, to continue the development of recreational facilities 
at Sepulveda Dam, California: Provided 
further. 
That using 
$2,000,000 of the funds appropriated herein, the Secretary of the 
Army, acting through the Chief of Engineers, is directed to continue 
the repair and rehabilitation of the Flint River, Michigan, flood 
control project: Provided further, That $40,000 of the funds appro-
priated herein shall be used by the Secretary of the Army, acting 
through the Chief of Engineers, to continue the project for removal 
106 STAT. 1324 
PUBLIC LAW 102-377—OCT. 2, 1992 
of silt and aquatic growth at Sauk Lake, Minnesota: Provided 
further. That the Secretary of the Army, acting through the Chief 
of Engineers, is directed to use up to $1,200,000 of available funds 
to undertake high priority recreational improvements at the 
Skiatook Lake, Oklahoma, project: Provided further, That using 
$1,500,000 of the funds appropriated herein, the Secretary of the 
Anny, acting through the Chief of Engineers, is directed to continue 
work on measures needed to alleviate bank erosion and related 
E
roblems associated with reservoir releases along the Missouri River 
elow Fort Peck Dam, Montana, 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 Engi-
neers, is authorized to operate and maintain at Federal expense 
the Passaic River flood warning system element of the Passaic 
River Mainstem Project, New Jersey, prior to construction of the 
greject, and using $350,000 of the funds appropriated herein, the 
ecretary shall operate and maintain such element: Provided fur-
ther. That the Secretary of the Army, acting through the Chief 
of Engineers, is directed to work with the United States Environ-
mental Protection Agency to begin the immediate cleanup of the 
Ashtabula River, Ohio: 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 update the project 
Master Plan for the Raystown Lake, Pennsylvania, project: Provided 
further. That using $1,000,000 of the funds appropriated herein, 
the Secretary of the Anny, acting through the Chief of Engineers, 
is authorized and directed to plan, design, and dredge an access 
channel and berthing area for the vessel NIAGARA at Erie Harbor, 
Pennsylvania, in an area known as the East Canal: Provided fur-
ther. That the Secretary of the Army, acting through the Chief 
of Engineers, is authorized and directed to use up to $5,000,000 
of available funds to undertake necessary maintenance of the Ken-
tucky River Locks and Dams 5-14, Kentucky, prior to transfer 
of such facilities to the Commonwealth of Kentucky pursuant to 
the Memorandum of Understanding executed in 1985 concerning 
the Kentucky River Locks and Dams 5-14: Provided further. That 
using $1,000,000 of the funds appropriated herein, the Secretary 
of the Army, acting through the Chief of Engineers, is directed 
to construct and maintain bank stabilization measures along the 
west bank of the Calcasieu River Ship Channel in Louisiana from 
mile 11.5 through mile 15.5: Provided further. That the Secretary 
is directed during fiscal year 1993 to maintain a minimum conserva-
tion pool level of 475.6 at Wister Lake in Oklahoma, 
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 Wet-
lands that was adopted in January 1989 or any subsequent manual 
adopted without notice and public comment. 
Furthermore, the Corps of Engineers will continue to use the 
Corps of Engineers 1987 Manual, as it has since August 17, 1991, 
until a final wetlands delineation manual is adopted. 
PUBLIC LAW 102-377—OCT. 2, 1992 
106 STAT. 1325 
None of the funds in this Act shall be used to finalize or 
implement the proposed regulations to amend the fee structure 
for the Corps of Engineers regulatory program which were published 
in Federal Register, Vol. 55, No. 197, Thursday, October 11, 1990. 
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, 
$10,000,000, 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 
Humphreys Engineer Center Support Activity, and the Water 
Resources Support Center, $142,000,000, to remain available until 
expended. 
Funds are provided for the management and direction of the 
United States Army Corps of Engineers Civil Works Program, 
except that such funds shall not be used to close any district 
office of the Corps of Engineers. To further a more efficient head-
quarters and division office structure, the Secretary may transfer 
not to exceed $7,000,000 from other appropriations under this title 
to be merged with, and remain available for the same time period 
as, this appropriation: Provided, That this appropriation shall not 
be increased by more than 5 per centum by any such transfers, 
and the Committees on Appropriations of the House and Senate 
shall be promptly advised of such proposed transfers. 
ADMINISTRATIVE PROVISIONS 
Appropriations in this title or appropriations made in this 33 USC 540a. 
title in subsequent Energy and Water Development Appropriations 
Acts shall hereafter be available for expenses of attendance by 
militaiy personnel at meetings in the manner authorized by section 
4110 of title 5, United States Code, imiforms, and allowances there-
for, 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 as may be printed 
during a recess of Congress shall be printed, with illustrations, 
as documents of the next succeeding session of Congress. Appropria-
tions in this title shall be available for official reception and rep-
resentation expenses (not to exceed $5,000); and during the current 
fiscal year the revolving fund, Corps of Engineers, shall be available 
for purchase (not to exceed 100 for replacement only) and hire 
of passenger motor vehicles. 
GENERAL PROVISIONS 
CORPS OF ENGINEERS—CIVIL 
SEC. 101. Public Law 101-302 (104 Stat. 213) is amended 
by striking the words "to meet the present emergency needs" under 
106 STAT. 1326 
PUBLIC LAW 102-377—OCT. 2, 1992 
Water. 
Flood control. 
Contracts. 
the Greneral Expenses appropriation title of Corps of Engineers— 
Civil. 
SEC. 102. Any funds heretofore appropriated and made avail-
able in Public Law 99-88 for construction of facilities at the Mill 
Creek recreation area of the Tioga-Hammond Lakes, Pennsylvania, 
project; in Public Law 100-71 for initiation of land acquisition 
activities as described in section 1114 of Public Law 99-662; and 
in Public Law 101-101 for construction of the Satilla River Basin, 
Georgia, project, and for acquisition of an icebreaking boat and 
equipment for the Kankakee River, Illinois, project, may be utilized 
by the Secretary of the Army in carrying out projects and activities 
funded by this Act. 
SEC. 103. The Secretary of the Army, acting through the Chief 
of Engineers, is directed to maintain in caretaker status the naviga-
tion portion of the Fox River System in Wisconsin. The Assistant 
Secretary of the Army for Civil Works shall take over negotiations 
with the State of Wisconsin for the orderly transfer of ownership 
and operation of the Fox River Lock System to a non-Federal 
entity. These negotiations shall commence immediately, be con-
ducted in good faith, and be completed as soon as possible. The 
terms of a negotiated settlement shall be presented to Congress 
immediately upon the completion of these negotiations. The settle-
ment shall include provisions for both the logistics and timing 
of the transfer of the Lock System, as well as a negotiated rec-
ommendation for monetary compensation to the non-Federal entity 
for the repair and rehabilitation of damage and deterioration associ-
ated with all appropriate portions of the Fox River System which 
are being transferred. 
SEC. 104. The requirements of section 103(a)(1)(A) of the Water 
Resources Development Act of 1986 (33 U.S.C. 2213), as pertains 
to the Moorefield and Petersburg, West Virginia, flood protection 
projects, are deemed satisfied, in consideration of the transfer of 
Grandview State Park by the State of West Virginia to the National 
Park Service for inclusion in the New River Gorge National River. 
SEC. 105. None of the funds appropriated in this Act shall 
be used to implement the proposed rule for the Army Corps of 
Engineers amending regulations on "ability to pay" (33 CFR part 
241), published in the Federal Register, vol. 56, No. 114, on Thurs-
day, June 13,1991. 
SEC. 106. In fiscal year 1993, the Secretary shall advertise 
for competitive bid at least 7,500,000 cubic yards of the hopper 
dredge volume accomplished with government-owned dredges in 
fiscal year 1992. 
Notwithstanding the provisions of this section, the Secretary 
is authorized to use the dredge fleet of the Corps of Engineers 
to undertsike projects when industry does not perform as required 
by the contract specifications or when the bids are more than 
25 percent in excess of what the Secretary determines to be a 
fair and reasonable estimated cost of a well equipped contractor 
doing the work or to respond to emergency requirements. 
PUBLIC LAW 102-377—OCT. 2, 1992 
106 STAT. 1327 
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 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, $12,540,000: 
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, $470,568,000 of which $69,333,000 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 $154,868,000 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 
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 
imtil expended: Provided further. That the final point of discharge 
for the interceptor drain for the San Luis Unit snail not be deter-
mined until development 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 Environmental Protection Agency, to minimize 
any detrimental effect of the San Luis drainage waters: Provided 
106 STAT. 1328 
PUBLIC LAW 102-377—OCT. 2, 1992 
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 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, 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: Provided further. That none of the funds appropriated 
in this Act shall be used to study or construct the Clin Dam 
feature of the Central Arizona Project: Provided 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 pur-
chase, lease, or exchange, for municipal and industrial purposes, 
not to exceed 30,000 acre feet; and, (2) such increments o
f
^ flood 
control that may be found to be feasible by the Secretary of the 
Interior at Horseshoe and Bartlett Dams, in consultation and 
cooperation 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 
the amount authorized by section 4(a)(1) of Public Law 98-541 
for the Trinity River Basin, California, Fish and Wildlife Manage-
ment Program, is hereby increased by $15,000,000 to $48,000,000: 
Provided further. That pursuant to section 406(c)(2) of Public Law 
101-628, the Secretary of the Interior is directed to reimburse, 
in an amount not to exceed $800,000, the City of Prescott, Arizona, 
for funding advanced by Prescott, Arizona, to the Bureau of Rec-
lamation for hydrological studies required by section 406(c)(1) of 
Public Law 101-628: Provided further. That the prohibition against 
obligating funds for construction until after sixty days from the 
date the Secretary transmits a report to the Congress in accordance 
with section 5 of the Reclamation Safety of Dams Act of 1978 
(43 U.S.C. 509) is waived for the Bitter Root Project, Como Dam, 
Montana, to allow for an earlier start of emergency repair work. 
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, $274,760,000: Provided, That of the total appro-
E
riated, the amount for program activities which can be financed 
y 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 
43 use 6i8d 
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 
PUBLIC LAW 102-377—OCT. 2,1992 
106 STAT. 1329 
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(aX5) 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 
shsdl 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, the costs of which 
shall be nonreimbursable: Provided further. That of the funds appro-
priated herein, $3,250,000 shall be available for environmental 
studies associated with the renewal of Central Valley Project, 
California, water contracts and environmental compliance. 
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, $3,502,000, 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-4221): 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 $8,000,000. 
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. 
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 Biureau of Reclamation, 
$53,745,000, of which $1,177,000 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. 
E
M
E
R
G
E
N
C
Y FUND 
For an additional amount for the "Emergency fimd", as author- 43 use 502 note. 
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. 
59-194 O—93 
15:QL3(Pt. 2) 
106 STAT. 1330 
PUBLIC LAW 102-377—OCT. 2, 1992 
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 Jime 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 17 passenger motor vehicles for 
replacement only. 
43 use 377b. 
Appropriations for the Bureau of Reclamation in this Act or 
in subsequent Energy and Water Development Appropriations Acts 
shall hereafter be available for 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 other-
wise 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 per year; rewards 
for information or evidence concerning violations of law involving 
property imder the jurisdiction of the Bureau of Reclamation; 
performance of the functions specified under the head "Operation 
and Maintenance Administration", Bureau of Reclamation, in the 
Interior Department Appropriations Act 1945; preparation and 
dissemination of useful information including recordings, photo-
graphs, and photographic prints; and studies of recreational uses 
of reservoir areas, and investigation and recovery of archeological 
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 hereafter 
no part of any appropriation made in this Act or in subsequent 
Energy and Water Development Appropriations Acts shall be avail-
able 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 Administrative Expenses", amounts pro-
vided for plan formulation investigations under the head "General 
Investigations", and amounts provided for science and technology 
under tiie head "Construction Program". 
43 use 377b. 
Sums appropriated in this Act or in subsequent Energv and 
Water Development Appropriations Acts which are expended in 
the performance of reimbursable functions of the Bureau of Rec-
lamation shall be returnable to the extent and in the manner 
provided by law. 
43 use 377b. 
No part of any appropriation for the Bureau of Reclamation, 
contained in this Act, in any prior Act, or in subsequent Energy 
and Water Development Appropriations Acts which represents 
amoimts earned under the terms of a contract but remaining 
PUBLIC LAW 102-377—OCT. 2, 1992 
106 STAT. 1331 
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 oper- 43 USC 377a. 
ation and maintenance in this Act or in subsequent Energy and 
Water Development Appropriations Acts, except those derived from 
advances by water users, shall hereafter 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 pajnnent 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 43 USC 377b. 
or by any subsequent Act shall hereafter 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.). 
None of the funds made available in this Act may be expended 
to implement the transfer of title or ownership of the Central 
Valley Project to the State of California, unless subsequently author-
ized by Congress. 
GENERAL PROVISIONS 
DEPARTMENT OF THE INTERIOR 
SEC. 201. Appropriations in this title or appropriations made 43 use I47la. 
under this title in subsequent Energy and Water Development 
Appropriations Acts shall hereafter 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 facilities 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. Hereafter, the Secretary may authorize the expendi- 43 use I47ib. 
ture or transfer (within each bureau or office) of any appropriation 
in this title or appropriations made under this title in subsequent 
Energy and Water Development Appropriations Acts, 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 or appropriations made 
43 USC I47lc. 
under this title in subsequent Energy and Water Development 
Appropriations Acts shall hereafter be available for operation of 
warehouses, garages, shops, and similar facilities, wherever consoli-
dation 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 
106 STAT. 1332 
PUBLIC LAW 102-377—OCT. 2, 1992 
reimbursements for costs of supplies, materials, equipment, and 
for services rendered may be cremted to the appropriation current 
at the time such reimbursements are received. 
43 use 147 Id. 
SEC. 204. Appropriations in this title or appropriations made 
under this title in subseauent Energy and Water Development 
Appropriations Acts shall hereafter be available for hire, mainte-
nance, and operation of aircraft; hire of passenger motor vehicles; 
purchases of reprints; payment for telephone services in private 
residences in the field, when authorized under regulations approved 
by the Secretary; and the payment of dues, when authorized 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. 
43 use 1475a. 
SEC. 205. Hereafter, 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). 
SEC. 206. Subsection (a) of section 7 of the Federal Water 
Project Recreation Act (79 Stat. 216 16 U.S.C. 4601-18) is amended 
by deleting the Proviso from the first sentence and by changing 
tne colon after the word "purposes" to a period. 
SEC. 207. Utilizing processes required under the National 
Environmental Policy Act, the Secretary of the Interior is directed 
to conduct a formal analysis, by no later than March 31, 1994, 
of alternatives for the design, construction, and operation of the 
Sykeston Canal as a fimctional replacement for Lonetree Reservoir, 
gursuant to section 8(aXl) of Public Law 89-108, as amended 
y the Garrison Diversion Reformulation Act of 1986, Public Law 
99-294. The resulting Definite Plan Report/Environmental Impact 
Statement shall be utilized by the Secretary for the development 
of a Record of Decision which is to contain the Secretary^ rec-
ommendation for proceeding with the final design and construction 
of the Sykeston Canal, consistent with the provisions of the Garrison 
Diversion Reformulation Act, the National Environmental Policy 
Act, the Endangered Species Act, the Fish and Wildlife Coordination 
Act, and the Boundary Waters Treaty of 1909. For purposes of 
this section, the Secretary shall take into account the results of 
studies conducted by the Secretary of the Army with respect to 
the stabilization of Devils Lake, North Dakota. 
TITLE III 
DEPARTMENT OF ENERGY 
ENERGY SUPPLY, RESEARCH AND DEVELOPMENT ACTIVITIES 
(INCLUDING TRANSFER OF FUNDS) 
For expenses of the Department of Energy activities including 
the purchase, construction and ac(]^uisition of plant and capital 
equipment and other expenses incidental thereto necessary for 
energy supply, research and development activities, and other 
activities in canying out the purposes of the Department of Energy 
PUBLIC LAW 102-377—OCT. 2,1992 
106 STAT. 1333 
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; purchase of pas-
senger motor vehicles (not to exceed 15, oi which 14 are for replace-
ment only), $3,015,793,000 to remain available until expended, 
of which $94,800,000 shall be available only for making competitive, 
merit-review awards to academic research facilities, to the extent 
otherwise authorized by law. 
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 
(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; purchase of electricity to provide enrich-
ment services; purchase of passenger motor vehicles (not to iexceed 
57, of which 54 are for replacement only), $1,286,320,000, to remain 
available until expended: Provided, That revenues received by the 
Department for the enrichment of uranium and estimated to total 
$1,462,000,000 in fiscal year 1993 shall be retained and used for 
the specific purpose of onsetting 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 3302(b) of title 31, United States Code: Provided further. 
That the sum herein appropriated shall be reduced as uranium 
enrichment revenues are received during fiscal year 1993 so as 
to result in a final fiscal year 1993 appropriation estimated at 
not more than $0. 
GENERAL SCIENCE AND RESEARCH ACTIVITIES 
(INCLUDING TRANSFER OF FUNDS) 
For expenses of the Department of Energy activities including 
the purchase, construction and acquisition of plant and capital 
equipment and other expenses incidental thereto necessary for gen-
eral science and research 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 facility or for plant or facility acquisition, construction, 
or expansion; purchase of passenger motor vehicles (not to exceed 
10 for replacement only), $1,417,784,000, 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 
106 STAT. 1334 
PUBLIC LAW 102-377—OCT. 2, 1992 
available funds, not to exceed $5,000,000 may be provided to the 
State of Nevada, for the sole purpose in the conduct of its oversight 
responsibilities pursuant to tne Nuclear Waste Policy Act of 1982, 
Public Law 97-425, as amended: Provided further, That of the 
amount herein appropriated, not more than $6,000,000 may be 
provided to affected local governments, as defined in the Act, to 
conduct appropriate activities pursuant to the Act: Provided further, 
That the distribution 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 monies have been 
expended for activities as defined in Public Law 97-425, as 
amended. Failure to provide such certification shall cause such 
entity to be prohibited from any further funding provided for similar 
activities: Provided further, That none of the funds herein appro-
priated may be used directly or indirectly to influence legislative 
action on anv matter pending before Congress or a State legislature 
or for any lobbying activity as provided in 18 U.S.C. 1913: Provided 
further. That none of the funds herein appropriated may be used 
for litigation expenses: Provided further, Tnat grant funds are not 
to be used to support multistate efforts or other coalition building 
activities inconsistent with the restrictions contained in this Act: 
Provided further. That of the amount appropriated herein, up to 
$3,700,000 shall be available for infrastructure studies and other 
research and development work to be carried out by the Universities 
in Nevada, Reno, and Las Vegas, and the Desert Research Institute, 
and at least $750,000 to continue funding for the Mobile Sampling 
Platform developed and operated by the Environmental Research 
Center at the University of Nevada, Las Vegas. Funding to the 
Universities will be administered by the DOE through a cooperative 
agreement. 
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 (DC 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 20(51 
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 distribu-
tion program without further appropriation: Provided, That such 
revenues 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 insuffi-
cient to enable the Department of Energy to discharge its respon-
sibilities 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 $5,000,000, to 
remain available until expended. 
PUBLIC LAW 102-377—OCT. 2, 1992 
106 STAT. 1335 
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 deiense 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 93 for 
replacement only, the purchase of two fixed-wing and two rotary-
wing aircraft, for replacement only), $4,568,749,000, to remain 
avauable until expended: Provided, That none of the funds appro-
priated or otherwise made available for the Department of Energy 
for fiscal year 1993 may be obligated to implement the reconfigura-
tion of nonnuclear activities of the Department of Energy until 
the occurrence of the following: 
(1) The Secretary of Energy submits a report to the Reports. 
Committees on Appropriations that contains an analysis of 
the projected costs and benefits of the proposed nonnuclear 
reconfiguration and an analysis of the alternatives considered. 
The analyses shall take into account all relevant costs and 
benefits and shall include a discounted cash fiow analysis of 
each alternative. 
(2) The Secretary of Energy certifies to the Committees 
on Appropriations that the discoimted cash flow analysis dem-
onstrates that the proposed nonnuclear reconfiguration is cost-
effective on a plant by plant basis. 
(3) A period of 90 days has elapsed after the later of 
the submission of the report and the certification by the Sec-
retary of Energy. 
Nothing in this provision prohibits the obligation of funds for 
studies, analysis, or preparation of conceptual designs that are 
necessary to assess the cost-effectiveness or feasibility of nonnuclear 
reconfiguration. 
NEW PRODUCTION REACTOR 
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 new 
production reactor activities in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.Cf. 7101, et seq.), 
including the acquisition or condemnation of any real property 
or any facility or for plant or facility acquisition, construction, 
or expansion, $34,028,000, to remain available until expended: Pro-
vided, That $100,000,000 for design of hew production reactor capac-
ity made available under the Energy and Water Development 
Appropriations Act, 1992, shall be available without regard to the 
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 
106 STAT. 1336 
PUBLIC LAW 102-377—OCT. 2, 1992 
environmental restoration and waste management activities in 
carrying out the purposes of the Department of Energy Organization 
Act (42 U.S.C. 7101, et seq.), including the acquisition or condemna-
tion 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 148 for replacement only), 
$4,831,547,000, to remain available until expended: Provided, That 
notwithstanding any other law, funds appropriated under this head-
ing may be made available to pay $100,000 to the United States 
Environmental Protection Agency for a stipulated penalty assessed 
under the Comprehensive Environmental Response, Compensation 
and Liability Act against the Femald Environmental Management 
Project. 
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 programs activities in carrying 
out the purposes of the Department of Energy Organization Act 
(42 U.S.CJ. 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 45 for replacement only), $2,584,301,000, 
to remain available until expended. 
DEFENSE NUCLEAR WASTE DISPOSAL 
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, $100,000,000, 
to remain available until expended, all of which shall be used 
in accordance with the terms and conditions of the Nuclear Waste 
Fund appropriation of the Department of Energy contained in this 
title. 
DEPARTMENTAL ADMINISTRATION 
For salaries and expenses of the Department of Energy nec-
essary for Departmental Administration and other activities in 
carrying out the purposes of the Department of Energy Organization 
Act (42 U.S.C. 7101, et seq.), including the hire of passenger motor 
vehicles and official reception and representation expenses (not 
to exceed $35,000), $405,656,000 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 increases in cost of work are offset by revenue 
increases of the same or greater amount, to remain available until 
expended: Provided further. That moneys received by the Depart-
ment for miscellaneous revenues estimated to total $318,381,000 
in fiscal year 1993 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 herein appropriated shall be reduced 
by the amoimt of miscellaneous revenues received during fiscal 
PUBLIC LAW 102-377—OCT. 2, 1992 
106 STAT. 1337 
year 1993 so as to result in a final fiscal year 1993 appropriation 
estimated at not more than $87,275,000. 
OFFICE OF THE INSPECTOR GENERAL 
For necessary expenses of the Office of the Inspector General 
in csirrying out the provisions of the Inspector General Act of 
1978, as amended, $30,362,000, 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, 
$3,577,000, to remain available imtil expended. 
BONNEVILLE POWER ADMINISTRATION FUND 
Expenditures from the Bonneville Power Administration Fund, 
estabUshed pursuant to Public Law 93-454, are approved for the 
Springfield Hatchery Production Facility, Dryden Dam Fish 
Screens, Bonneville Fish Sampling Facility, and Hungry Horse Resi-
dent Fish Hatchery, £uid, the purchase, maintenance and operation 
of two rotary-wing aircraft for replacement only; and for official 
reception and representation expenses in an amount not to exceed 
$3,000. 
During fiscal year 1993, 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), as applied to the southeastern power 
area, $32,411,000, 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, 
£ind 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, 
$21,907,000, to remain available imtil expended; in addition, not-
withstanding the provisions of 31 U.S.C. 3302, not to exceed 
$11,412,000 in reimbursements, to remain available until expended. 
106 STAT. 1338 
PUBLIC LAW 102-377—OCT. 2, 1992 
CONSTRUCTION, REHABILITATION, 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 (42 U.S.C. 7101, et seq.), 
and other related activities including conservation and renewable 
resources programs as authorized, including official reception and 
representation expenses in an amount not to exceea $1,500, 
$326,634,000, to remain available until expended, of which 
$305,390,000 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 $6,563,000, 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 AND EXPENSES 
For necessary expenses of the Federal Energy Regulatory 
Commission to carry out the provisions of the Department of Energy 
Organization Act (42 U.S.C. 7101, et seq.), including services as 
authorized by 5 U.S.C. 3109, including the hire of passenger motor 
vehicles' official reception and representation expenses (not to 
exceed $3,000); $158,639,000 to remain available until expended: 
42 use 7171 
Provided, That hereafter and notwithstanding any other provision 
'^°*®- 
of law, not to exceed $158,639,000 of revenues from fees and annual 
charges, and other services and collections in fiscal year 1993, 
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 1993, so as to result in a final fiscal 
year 1993 appropriation estimated at not more than $0. 
GENERAL 
PROVISIONS—DEPARTMENT 
OF 
ENERGY 
(TRANSFER OF FUNDS) 
42 use 7278. 
SEC. 301. Appropriations for the Department of Ener©r under 
this title in this and subsequent Energy and Water Development 
Appropriations Acts, hereafter 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 
the General Services Administration for security guard services. 
From these appropriations, transfers of sums may hereafter 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 or subsequent Energy and Water Development Appropria-
tions Acts 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 heresdter to accept lands, buildings, equipment, and 
other contributions from public and private sources and to prosecute 
PUBLIC LAW 102-377—OCT. 2, 1992 
106 STAT. 1339 
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 42 USC 7269a. 
made available for Department of Energy activities funded in this 
Act or subsequent Energy and Water Development Appropriations 
Acts may hereafter be transferred between such appropriations, 
but no such appropriation, except as otherwise provided, shall be 
increased or decreased by more than 5 per centum by any such 
transfers, and any such proposed transfers shall be submitted 
promptly to the Committees on Appropriations of the House and 
Senate. 
(TRANSFERS OF UNEXPENDED BALANCES) 
SEC. 303. The unexpended balances of prior appropriations 
42 use 7269b. 
provided for activities in this Act or subsequent Energy and Water 
Development Appropriations Acts may hereafter be transferred to 
appropriation accounts for such activities established pursuant to 
this title. Balances so transferred may be merged with funds in 
the applicable established accounts and thereafter may be accounted 
for as one fund for the same time period as originally enacted. 
MINORITY PARTICIPATION IN THE SUPERCONDUCTING SUPER 
COLLIDER 
SEC. 304. (a) FEDERAL FUNDING.—The Secretary of Energy 
hereafter shall, to the fullest extent possible, ensure that at least 
10 per centum of Federal funding for the development, construction, 
ana operation of the Superconducting Super Collider be made avail-
able to business concerns or other organizations owned or controlled 
by socially and economically disadvantaged individuals (within the 
meaning of section 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 colleges and universities having a student 
body in which more than 20 percent of the students are Hispanic 
Americans or Native Americans. For purposes of this section, 
economically and socially disadvantaged individuals shall be 
deemed to include women. 
(b) OTHER PARTICIPATION.—The Secretary of Energy hereafter 
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 (JoUider 
by socially and economically disadvantaged individuals (within the 
meaning of section 8(a) (5) and (6) of the Small Business Act 
(15 U.S.C. 637(a) (5) and (6))) and economically disadvantaged 
women. 
TITLE IV 
INDEPENDENT AGENCIES 
APPALACHIAN REGIONAL COMMISSION 
For expenses necessary to carry out the programs authorized 
by 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 
40 USC app. 401 
note. 
106 STAT. 1340 
PUBLIC LAW 102-377—OCT. 2, 1992 
Regional Commission and for pajnnent 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 canying out activities authorized by the Atomic Energy 
Act of 1954, as amended by Public Law 100-456, section 1441, 
$13,000,000, to remain available imtil 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 author-
ized by law (75 Stat. 716), $325,000. 
CONTRIBUTION TO DELAWARE RIVER BASIN COMMISSION 
For pajnxient 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 Secretaiy 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), $485,000. 
NUCLEAR REGULATORY COMMISSION 
SALARIES AND EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of the Commission in canying out 
the purposes of the Energy Reorganization Act of 1974, as amended, 
£md the Atomic Energy Act of 1954, as amended, including the 
employment 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 passenger motor vehicles and aircraft, $535,415,000, to 
remain available until expended, of which $21,100,000 shall be 
derived from the Nuclear Waste Fimd: Provided, That from this 
PUBLIC LAW 102-377—OCT. 2, 1992 
106 STAT. 1341 
appropriation, transfer of sums may be made to other agencies 
of the Grovemment for the performance of the work for which 
this appropriation is made, and in such cases the sums so trans-
ferred may be merged with the appropriation to which transferred: 
Provided further, That moneys received by the Commission for 
the cooperative nuclear safety research program, services rendered 
to foreign governments and international 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 reve-
nues from licensing fees, inspection services, and other services 
and collections estimated at $514,315,000 in fiscal year 1993 shall 
be retained and used for necessary salaries and expenses in this 
accoimt, 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 1993 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 1993 appropriation estimated at not more than $21,100,000. 
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, $4,585,000 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, trans-
fers 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 
revenues from licensing 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 reduced by the amount of revenues received 
during fiscal year 1993 from licensing fees, inspection services, 
and other services and collections, so as to result in a final fiscal 
year 1993 appropriation estimated at not more than $0. 
106 STAT. 1342 
16 use 831b 
note. 
31 use 1502 
note. 
5 use 504 note. 
2 use 900 note. 
eontracts. 
Public 
infomiaton. 
5 use 3109 note. 
PUBLIC LAW 102-377—OCT. 2, 1992 
NUCLEAR WASTE TECHNICAL REVIEW BOARD 
SALARIES AND EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of the Nuclear Waste Technical Review 
Board, as authorized by Public Law 100-203, section 5051, 
$2,060,000, 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), $301,000. 
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), $290,000. 
TENNESSEE VALLEY AUTHORITY 
TENNESSEE VALLEY AUTHORITY FUND 
For the purpose of carrying out the provisions of the Tennessee 
Valley Authority Act of 1933, as 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 
National Trails System Act, as amended, $135,000,000, to remain 
available until expended: Provided, That this appropriation and 
other moneys available to the Tennessee Valley Authority may 
be used hereafter for pa3maent 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 
or subsequent Energy and Water Development Appropriations Acts 
shall remain available for obligation beyond the fiscal ^ear specified 
in such Acts therein unless expressly so provided therein. 
SEC. 502. None of the funds in this Act or subsequent Energy 
and Water Development Appropriations Acts shall be used to pay 
the expenses of, or otherwise compensate, parties intervening in 
regulatory or adjudicatory proceedings funded in such Acts. 
SEC. 503. None of the programs, projects or activities as defined 
in the reports accompanying this Act or subsequent Energy and 
Water Development Appropriations Acts, may be eliminated or 
disproportionately 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 reports expressly provide 
otherwise. 
SEC. 504. The expenditure of any appropriation under this 
Act or subsequent Energy and Water Development Appropriations 
PUBLIC LAW 102-377—OCT. 2, 1992 
106 STAT. 1343 
Acts for any consulting service through procurement contract, 
pursuant to section 3109 of title 5, United States Code, hereafter 
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 pursuant to existing law. 
SEC. 505. Notwithstanding any other provision of this Act, 
subsequent Energy and Water Development Appropriations Acts 
or any other provision of law hereafter, none of the fimds made 
available imder this Act, subsequent Energy and Water Develop-
ment Appropriations Acts or any other law hereafter 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 Govern-
ment, except as may be specifically authorized by Act of Congress 
hereafter enacted. 
SEC. 506. Such simis as may be necessary for Federal employee 
pay raises for programs funded by this Act or subsequent Energy 
and Water Development Appropriations Acts hereafter shall be 
absorbed within the levels appropriated in such Acts. 
SEC. 507. (a) Hereafter, funds made available by this Act or 
any other Act for fiscal year 1993 or for any other fiscal year 
may be available for conducting a test of a nuclear explosive device 
only if the conduct of that test is permitted in accordance with 
the provisions of this section. 
(b) No underground test of a nuclear weapon may be conducted 
by the United States after September 30, 1992, and before 
July 1,1993. 
(c) On and after July 1, 1993, and before January 1, 1997, 
an iindergroimd test of a nuclear weapon may be conducted by 
the United States— 
(1) only if— 
(A) the President has submitted the annual report 
required under subsection (d); 
(B) 90 days have elapsed after the submittal of that 
report in accordance with that subsection; and 
(C) Congress has not agreed to a joint resolution 
described in subsection (dX3) within that 90-day period; 
and 
(2) only if the test is conducted during the period covered 
by the report. 
(d)(1) Not later than March 1, of each year beginning after 
1992, the President shall submit to the Committees on Armed 
Services and Appropriations of the Senate and the House of Rep-
resentatives, in classified and unclassified forms, a report containing 
the following matters: 
(A) A schedule for resumption of the Nuclear Testing Talks 
with Russia. 
(B) A plan for achieving a multilateral comprehensive ban 
on the testing of nuclear weapons on or before Septem-
ber 30,1996. 
(C) An assessment of the number and type of nuclear 
warheads that will remain in the United States stockpile of 
active nuclear weapons on September 30,1996. 
42 u s e 7152 
note. 
5 u s e 5303 note. 
Nuclear 
weapons. 
42 use 2121 
note. 
President. 
Reports. 
106 STAT. 1344 
PUBLIC LAW 102-377—OCT. 2, 1992 
(D) For each fiscal year after fiscal year 1992, an assess-
ment of the number and type of nuclear warheads that will 
remain in the United States stockpile of nuclear weapons and 
that— 
(i) will not be in the United States stockpile of active 
nuclear weapons; 
(ii) will remain under the control of the Department 
of Defense; and 
(iii) will not be transferred to the Department of 
Energy for dismantlement. 
(E) A description of the safety features of each warhead 
that is covered by an assessment referred to in subparagraph 
(C)or(D). 
(F) A plan for installing one or more modem safety features 
in each warhead identified in the assessment referred to in 
subparagraph (C), as determined after an analysis of the costs 
and benefits of installing such feature or features in the war-
head, should have one or more of such features. 
(G) An assessment of the number and type of nuclear 
weapons tests, not to exceed 5 tests in any period covered 
by an annual report under this paragraph and a total of 15 
tests in the 4-fiscal year period beginning with fiscal year 
1993, that are necessary in order to ensure the safety of each 
nuclear warhead in which one or more modern safety features 
are installed pursuant to the plan referred to in subparagraph 
(F). 
(H) A schedule, in accordance with subparagraph (G), for 
conducting at the Nevada test site, each of the tests enumerated 
in the assessment pursuant to subparagraph (G). 
(2) The first annual report shall cover the period beginning 
on the date on which a resumption of testing of nuclear weapons 
is permitted under subsection (c) and ending on September 30, 
1994. Each annual report thereafter shall cover the fiscal year 
following the fiscal year in which the report is submitted. 
(3) For the purposes of paragraph (1), "joint resolution" means 
only a joint resolution introduced after the date on which the 
Committees referred to in that paragraph receive the report 
required by that paragraph the matter after the resolving clause 
of which is as follows: "The Congress disapproves the report of 
the President on nuclear weapons testing, dated 
." (the 
blank space being appropriately filled in). 
(4) No report is required under this subsection after 1996. 
(e)(1) Except as provided in paragraphs (2) and (3), during 
a period covered by an annual report submitted pursuant to sub-
section (d), nuclear weapons may be tested only as follows: 
(A) Only those nuclear explosive devices in which modern 
safety features have been installed pursuant to the plan 
referred to in subsection (d)(1)(F) may be tested. 
(B) Only the number and types of tests specified in the 
report pursuant to subsection (d)(1)(G) may be conducted. 
(2)(A) One test of the reliability of a nuclear weapon other 
than one referred to in paragraph (1)(A) may be conducted during 
any period covered by an annual report, but only if— 
(i) within the first 60 days after the beginning of that 
period, the President certifies to Congress that it is vital to 
the national security interests of the United States to test 
the reliability of such a nuclear weapon; and 
PUBLIC LAW 102-377—OCT. 2, 1992 
106 STAT. 1345 
(ii) within the 60-day period beginning on the date that 
Congress receives the certification, Congress does not agree 
to a joint resolution described in subparagraph (B). 
(B) For tiie purposes of subparagraph (A), "joint resolution" 
means only a joint resolution introduced after the date on which 
tiie Congress receives the certification referred to in that subpara-
graph the matter after the resolving clause of which is as follows: 
"The Congress disapproves the testing of a nuclear weapon covered 
by the certification of the President dated 
." (the blank 
space being appropriately filled in). 
(3) The President may authorize the United Kingdom to conduct 
in the United States, within a period covered by an annual report, 
one test of a nuclear weapon if the President determines that 
it is in the national interests of the United States to do so. Such 
a test shall be considered as one of the tests within the maximum 
number of tests that the United States is permitted to conduct 
during that period under paragraph (IXB). 
(0 No undergroimd test of nuclear weapons may be conducted 
by the United Stetes after September 30, 1996, unless a foreign 
state conducts a nuclear test after this date, at which time the 
prohibition on United Stetes nuclear testing is lifted. 
(g) In the computation of the 90-day period referred to in 
subsection (cXD and the 60-day period referred to in subsection 
(eX2)(AXii), the days on which either House is not in session because 
of an adjournment of more than 3 days to a day certain shall 
be excluded. 
(h) In this section, the term "modem safety feature" means 
any of the following features: 
(1) An insensitive high explosive (IHE). 
(2) Fire resistant pits (FRP). 
(3) An enhanced detonation safety (ENDS) system. 
SEC. 508. Notwithstending any other provision of this Act, 
$5,000,000 of the funds appropriated in title I shall be available 
for the Centr£d Maine Water Supply Project, to remain available 
until September 30, 1993, and to become available only upon enact-
ment into law of authorizing legislation. 
This Act may be cited as the "Energy and Water Development 
Appropriations Act, 1993". 
Approved October 2, 1992. 
LEGISLATIVE HISTORY—H.R. 5373: 
HOUSE REPORTS: Nos. 102-555 (Comm. on Appropriations) and 102-866 (Comm. of 
ConfcrGriCG^ 
SENATE REPORTS: No. 102-344 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 138 (1992): 
June 17, considered and peissed House. 
July 31, Aug. 3, considered and passed Senate, amended. 
Sept. 17, House agreed to conference report, concurred in certain amendments, 
in others with amendments. 
Sept. 24, House receded and concurred in certain Senate amendment with an 
amendment. Senate Eigreed to conference report; concurred in House 
amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 28 (1992): 
Oct. 2, Presidential remarks and statement.