[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2445 Engrossed Amendment Senate (EAS)]

103d CONGRESS

  1st Session

                               H. R. 2445

_______________________________________________________________________

                               AMENDMENTS
                  In the Senate of the United States,

                    September 30 (legislative day, September 27), 1993.
      Resolved, That the bill from the House of Representatives (H.R. 
2445) entitled ``An Act making appropriations for energy and water 
development for the fiscal year ending September 30, 1994, and for 
other purposes'', do pass with the following

                              AMENDMENTS:

 (1)Page 2, line 18, strike out [$207,540,000] and insert: $208,544,000

 (2)Page 2, strike out all after line 20 over to and including 
``$500,000'' in line 6 on page 4 and insert: 
            Central Basin Groundwater Project, California, $750,000;
            McCook and Thornton Reservoirs, Illinois, $5,500,000;
            Indianapolis, White River, Central Waterfront, Indiana, 
        $900,000;
            Little Calumet River Basin (Cady Marsh Ditch), Indiana, 
        $310,000;
            Ohio River Shoreline Flood Protection, Indiana, $400,000;
            Hazard, Kentucky, $250,000;
            Brockton, Massachusetts, $350,000;
            Passaic River Mainstem, New Jersey, $10,000,000;
            Pocotaligo River and Swamp, South Carolina, $400,000;
            Jennings Randolph Lake, West Virginia, $400,000;
            Monongahela River Comprehensive, West Virginia, $600,000; 
        and
            West Virginia Comprehensive, West Virginia, $500,000:
Provided, That notwithstanding ongoing studies using previously 
appropriated funds, and using $2,500,000 of the funds appropriated 
herein, the Secretary of the Army, acting through the Chief of 
Engineers, is directed to conduct hydraulic modeling, foundations 
analysis and related design, and mapping efforts in continuing 
preconstruction engineering and design for the additional lock at 
Kentucky Dam, Kentucky project, in accordance with the Kentucky Lock 
Addition Feasibility Report approved by Report of the Chief of 
Engineers, dated June 1, 1992: Provided further, That the Secretary of 
the Army, acting through the Chief of Engineers, is directed to use 
$250,000 of available funds to complete a detailed project report, and 
plans and specifications for a permanent shore erosion protection 
project at Geneva State Park, Ashtabula County, Ohio: Provided further, 
That the Secretary of the Army, acting through the Chief of Engineers, 
is directed to use $400,000 appropriated herein to continue 
preconstruction engineering and design, including preparation of the 
special design report, initiation of National Environmental Policy Act 
document preparation, and initiation of hydraulic model studies for the 
Kaumalapau Harbor navigation study, Lanai, Hawaii: Provided further, 
That the Secretary of the Army is directed to limit the Columbia River 
Navigation Channel, Oregon and Washington feasibility study to 
investigation of the feasibility of constructing a navigation channel 
not to exceed 43-feet in depth from the Columbia River entrance to Port 
of Portland/Port of Vancouver and to modify the Initial Project 
Management Plan accordingly: Provided further, That the Secretary of 
the Army, acting through the Chief of Engineers, is directed to use 
$400,000 of funds appropriated herein to initiate a reconnaissance 
study, including economic and environmental studies, for the Pocataligo 
River and Swamp, South Carolina: Provided further, That the Secretary 
of the Army, acting through the Chief of Engineers, is directed to use 
$90,000 of funds appropriated herein to complete the reconnaissance 
study of the Black Fox and Oakland Spring wetland area in Murfreesboro, 
Tennessee: Provided further, That the Secretary of the Army, acting 
through the Chief of Engineers, is directed to utilize $200,000 of 
available funds to initiate the planning and design of remedial 
measures to restore the environmental integrity and recreational 
boating facilities at Old Hickory Lake, in the vicinity of Drakes Creek 
Park, in accordance with the reconnaissance study findings dated 
September, 1993: Provided further, That the Secretary of the Army, 
acting through the Chief of Engineers, is directed to utilize 
$4,460,000 of available funds to complete preconstruction, engineering 
and design for the Ste. Genevieve, Missouri flood control project 
authorized by section 401(a) of the Water Resources Development Act of 
1986 (100 stat. 4118) so that the project will be ready for 
construction by October 1, 1994: Provided further, That all plans, 
specifications and design documents shall be concurrently reviewed in 
order to expedite the project: Provided further, That the Secretary of 
the Army, acting through the Chief of Engineers, is directed to utilize 
$2,000,000 of funds appropriated herein to engineer and design the 
Virginia Beach Erosion Control and Hurricane Protection, Virginia 
project, including storm water collection and discharge, as authorized 
by section 102(cc) of Public Law 102-580

 (3)Page 4, line 16, strike out [$1,389,138,000] and insert: 
$1,296,167,000

 (4)Page 4, strike out all after line 24 over to and including 
``$1,467,000'' in line 24 on page 7, and insert: 
            Rillito River, Arizona, $4,200,000;
            Coyote and Berryessa Creeks, California, $4,000,000;
            Sacramento River Flood Control Project (Glenn-Colusa 
        Irrigation District), California, $400,000;
            San Timoteo Creek (Santa Ana River Mainstem), California, 
        $12,000,000;
            Sonoma Baylands Wetland Demonstration Project, California, 
        $4,000,000;
            Central and Southern Florida, Florida, $9,500,000;
            Kissimmee River, Florida, $5,000,000;
            Casino Beach, Illinois, $300,000;
            O'Hare Reservoir, Illinois, $5,000,000;
            Des Moines Recreational River and Greenbelt, Iowa, 
        $1,700,000;
            Pike County (Levisa and Tug Forks of the Big Sandy River 
        and Upper Cumberland River), Kentucky, $5,000,000;
            Salyersville, Kentucky, $1,000,000;
            Williamsburg (Levisa and Tug Forks of the Big Sandy River 
        and Upper Cumberland River), Kentucky, $700,000;
            Lake Pontchartrain and Vicinity (Jefferson Parish), 
        Louisiana, $200,000;
            Anacostia River, Maryland and District of Columbia, 
        $700,000;
            Stillwater, Minnesota, $2,400,000;
            Sowashee Creek, Mississippi, $3,240,000;
            Molly Ann's Brook, New Jersey, $1,000,000;
            New York Harbor Collection and Removal of Drift, New York 
        and New Jersey, $2,900,000;
            Lake O' The Pines-Big Cypress Bayou, Texas, $300,000;
            Red River Basin Chloride Control, Texas and Oklahoma, 
        $4,000,000;
            Wallisville Lake, Texas, $1,000,000;
            Quonset Point-Davisville, Rhode Island (for 2 elevated 
        water storage towers and the relocation of sewer lines), 
        $1,875,000; and
            Southern West Virginia Environmental Restoration 
        Infrastructure and Resource Protection Development Pilot 
        Program, West Virginia, $3,500,000:
Provided, That the Secretary of the Army, acting through the Chief of 
Engineers, is directed to use $3,500,000 of available funds to initiate 
and complete construction of the Finn Revetment portion of the Red 
River Emergency Bank Protection, Arkansas and Louisiana project: 
Provided further, That the Chief of Engineers is directed to use a 
fully funded contract for the construction of the Finn Revetment: 
Provided further, That the Secretary of the Army is directed to use 
$3,500,000 of funds appropriated herein to continue the Red River 
Levees and Bank Stabilization below Denison Dam, Arkansas project, 
including completion of studies to improve the stability of the levee 
system from Index, Arkansas to the Louisiana State line and 
continuation of rehabilitation work underway: Provided further, That 
the Secretary of the Army, acting through the Chief of Engineers of the 
Army Corps of Engineers, shall (1) use $2,000,000 of funds appropriated 
herein to carry out engineering design for the relocation of the 
comfort and lifeguard stations on the Atlantic coast of New York City, 
from Rockaway Inlet to Norton Point, as authorized by section 1076 of 
the Intermodal Surface Transportation Efficiency Act of 1991 (Public 
Law 102-240; 105 Stat. 2015), and (2) not later than 1 year after the 
date of enactment of this Act, report to Congress on the results of the 
expenditure of funds required under paragraph (1): Provided further, 
That with $2,000,000 appropriated herein, the Secretary of the Army, 
acting through the Chief of Engineers, is directed to continue 
construction of the Bethel, Alaska project authorized by Public Law 99-
662, including but not limited to initiating lands and damages, erosion 
control construction, and continued related engineering and 
construction management: Provided further, That no fully funded 
allocation policy shall apply to the construction of the Bethel, Alaska 
project: Provided further, That the Secretary of the Army, acting 
through the Chief of Engineers, is directed to use $24,119,000 of the 
funds appropriated herein to continue the Lake Pontchartrain and 
Vicinity, Louisiana, Hurricane Protection project, including continued 
construction of parallel protection along Orleans and London Avenue 
Outfall Canals and the award of continuing contracts for construction 
of this parallel protection under the same terms and conditions 
specified for such work under this heading in Public Law 102-377: 
Provided further, That the Secretary of the Army, acting through the 
Chief of Engineers, is directed to use $450,000 of funds appropriated 
herein to complete the repair and restoration to a safe condition of 
the existing Tulsa and West Tulsa local protection project, Oklahoma, 
authorized by the Flood Control Act of 1941, Public Law 73-228: 
Provided further, That with $19,300,000 of the funds appropriated 
herein, to remain available until expended, the Secretary of the Army, 
acting through the Chief of Engineers, is directed to continue to 
undertake structural and nonstructural work associated with the 
Barbourville, Kentucky, and the Harlan, 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 $5,365,000 of the funds appropriated herein, to 
remain available until expended, the Secretary of the Army, acting 
through the Chief of Engineers, is directed to continue to undertake 
structural and nonstructural work associated with Matewan, West 
Virginia, element of the Levisa and Tug Forks of the Big Sandy and 
Upper Cumberland River project authorized by section 202 of Public Law 
96-367: Provided further, That with $3,500,000 of the funds 
appropriated herein, to remain available until expended, the Secretary 
of the Army, acting through the Chief of Engineers, is directed to 
continue construction of the Hatfield Bottom, West Virginia, element of 
the Levisa and Tug Forks of the Big Sandy and Upper Cumberland River 
project authorized by section 202 of Public Law 96-367 using continuing 
contracts: Provided further, That no fully allocated funding policy 
shall apply to construction of the Matewan, West Virginia, Hatfield 
Bottom, West Virginia, Barbourville, Kentucky, and Harlan, Kentucky, 
elements of the Levisa and Tug Forks of the Big Sandy and Upper 
Cumberland river project: Provided further, That the Secretary of the 
Army, acting through the Chief of Engineers, is directed to initiate 
and complete construction of offshore breakwaters at Grand Isle, 
Louisiana, as an integral part of the repair of features of the Grand 
Isle and Vicinity, Louisiana, project damaged by Hurricane Andrew using 
funds previously appropriated for the purpose in the fiscal year 1992 
Dire Emergency Supplemental Appropriations Act, Public Law 102-368, 
which are available for this work: Provided further, That the Secretary 
of the Army, acting through the Chief of Engineers, is directed to 
continue construction of the section 14 bank stabilization program at 
McGregor Park in Clarksville, Tennessee utilizing heretofore 
appropriated funds until the Federal funds limit of $550,000 is reached 
or bank protection for the entire park is completed: Provided further, 
That using $6,300,000 of the funds appropriated herein, the Secretary 
of the Army, acting through the Chief of Engineers, is directed to 
continue with the authorized Ouachita River Levees, Louisiana project 
in an orderly but expeditious manner and within this amount, $3,800,000 
shall be used to continue rehabilitation or replacement of all 
deteriorated drainage structures which threaten the security of this 
critical protection, and $2,500,000 shall be used to repair the river 
bank at Columbia, Louisiana, which is eroding and placing the project 
levee protecting the city in imminent danger of failure: Provided 
further, That the Secretary of the Army, acting through the Chief of 
Engineers, is directed to utilize $3,000,000 appropriated herein to 
provide design and construction assistance for a water transmission 
line from the northern part of Beaver Lake, Arkansas, into Benton and 
Washington Counties, Arkansas as authorized by section 220 of Public 
Law 102-580; and in addition, $145,000,000, to remain available until 
expended, is hereby appropriated for construction of the Red River 
Waterway, Mississippi River to Shreveport, Louisiana, project, as 
authorized by laws, and the Secretary is directed to continue the 
second phase of construction of Locks and Dams 4 and 5; complete 
construction of Howard Capout, McDade, Elm Grove, Cecile, Curtis, Sunny 
Point, and Eagle Bend Phase I and Phase II revetments in Pools 4 and 5, 
and levee modifications in Pool 5, all of which were previously 
directed to be initiated; and award continuing contracts in fiscal year 
1994 for construction of the following features of the Red River 
Waterway which are not to be considered fully funded: recreation 
facilities in Pools 4 and 5, Piermont/Nicholas and Sunny Point Capouts, 
Lock and Dam 4 Upstream Dikes, Lock and Dam 5 Downstream Additional 
Control Structure, Wells Island Road Revetment, and construction 
dredging in Pool 4; all as authorized by laws, and the Secretary is 
further directed to provide annual reimbursement to the projects local 
sponsor for the Federal share of management costs for the Bayou Bodcau 
Mitigation Area as authorized by Public Law 101-640, the Water 
Resources Development Act of 1990

 (5)Page 8, line 8, strike out [$352,475,000] and insert: $348,875,000

 (6)Page 8, line 21, strike out [$1,691,350,000] and insert: 
$1,673,704,000

 (7)Page 9, strike out lines 7 and 8

 (8)Page 9, line 12, after ``$2,790,000;'' insert: and

 (9)Page 9, strike out lines 13 and 14

 (10)Page 9, line 15, strike out [; and]

 (11)Page 9, strike out lines 16 and 17

 (12)Page 9, line 20, after ``programs'' insert: : Provided further, 
That the Secretary of the Army, acting through the Chief of Engineers, 
is directed to use $5,000,000 of available funds to undertake and 
complete critical maintenance items for water supply of the Kentucky 
River Locks and Dams 5-14 and to transfer such facilities to the 
Commonwealth of Kentucky: Provided further, That the Secretary of the 
Army is directed during fiscal year 1994 to maintain a minimum 
conservation pool level of 475.5 at Wister Lake in Oklahoma: Provided 
further, That the Secretary of the Army, acting through the Chief of 
Engineers, is directed to use Operation and Maintenance funds and 
complete, in coordination with the schedule for feasibility phase, 
studies to deepen the Columbia River navigation channel, long-term 
dredge disposal plans for the existing authorized Columbia River 
Navigation Channel project, including associated fish and wildlife 
studies

 (13)Page 10, line 19, strike out all after ``expended'' down to and 
including ``Engineers'' in line 22 and insert: : Provided, That not to 
exceed $58,255,000 of the funds provided in this Act shall be available 
for general administration and related functions in the Office of the 
Chief of Engineers, unless the Secretary of the Army determines that 
additional obligations are necessary for such purposes and notifies the 
Committees on Appropriations of both Houses of Congress of the 
Secretary's determination and the reasons therefore

 (14)Page 12, after line 5, insert:
    Sec. 106. In fiscal year 1994, the Secretary shall advertise for 
competitive bid at least 7,500,000 cubic yards of the hopper dredge 
volume accomplished with 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 
undertake 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.

 (15)Page 12, after line 5, insert:
    Sec. 107. Notwithstanding any other provision of law, the Secretary 
of the Army, acting through the Chief of Engineers, is authorized to 
reprogram, obligate and expend such additional sums as necessary to 
continue construction and cover anticipated contract earnings of any 
water resources project which received an appropriation or allowance 
for construction in or through an appropriations Act or resolution of a 
current or last preceding fiscal year, in order to prevent the 
termination of a contract or the delay of scheduled work.

 (16)Page 12, after line 5, insert:

SEC. 108. PROHIBITION ON REMOVAL.

    (a) Prohibition.--Subject to subsection (b), no funds made 
available pursuant to this Act may be used to carry out a policy to 
remove or demolish any residential structure that is subject to an 
easement or right-of-way in favor of the United States for the 
containment or impoundment of waters in the Muskingum River Basin, 
Ohio, until such time as the Committee on Environment and Public Works 
of the Senate and the Committee on Public Works and Tranportation of 
the House of Representatives have reviewed and approved the policy.
    (b) Agreement to Hold Harmless.--
            (1) In general.--The Secretary of the Army shall offer to 
        enter into a written agreement with the owner of each 
        residential structure that is covered by the prohibition 
        referred to in subsection (a). Under the agreement, the owner 
        shall hold the United States harmless for any loss of personal 
        property, real property, injury, or death that is the result of 
        any flooding of the structure.
            (2) Failure to enter into an agreement.--If an owner fails 
        to enter into an agreement pursuant to paragraph (1), the 
        Secretary of the Army may, in accordance with the applicable 
        easement or right-of-way, remove or demolish the structure.

 (17)Page 12, after line 5, insert:
    Sec. 109. (1) In General.--The Secretary of the Army is authorized 
to convey to the City of Galveston, Texas, fee simple absolute title to 
a parcel of land containing approximately 605 acres known as the San 
Jacinto Disposal Area located on the east end of Galveston Island, 
Texas, in the W.A.A. Wallace Survey, A-647 and A-648, City of 
Galveston, Galveston County, Texas, being part of the old Fort Jacinto 
site, at the fair market value of such parcel to be determined in 
accordance with the provisions of paragraph (4). Such conveyance shall 
be made at the discretion of the Secretary of the Army upon the 
agreement of all interested parties.
    (2) Compensation for Conveyance.--Upon receipt of compensation from 
the City of Galveston, the Secretary shall convey the parcel as 
described in paragraph (1). Such compensation shall include--
            (A) conveyance to the Department of the Army of fee simple 
        absolute title to a parcel of land containing approximately 564 
        acres on Pelican Island, Texas, in the Eneas Smith Survey, A-
        190, Pelican Island, City of Galveston, Galveston County, 
        Texas, adjacent to property currently owned by the United 
        States. The fair market value of such parcel will be determined 
        in accordance with the provisions of paragraph (4); and
            (B) payment to the United States of an amount equal to the 
        difference in the fair market value of the parcel to be 
        conveyed pursuant to paragraph (1) and the fair market value of 
        the parcel to be conveyed pursuant to paragraph (2)(A).
    (3) Disposition of Spoil.--Costs of maintaining the Galveston 
Harbor and Channel will continue to be governed by the Local 
Cooperation Agreement between the United States of America and the City 
of Galveston dated October 18, 1973. Upon conveyance of the parcel 
described in paragraph (1), the Department of the Army shall be 
compensated directly for any anticipated costs which may be incurred in 
site preparation and in the disposition of spoil in excess of the 
present value of current costs of spoil disposition.
    (4) Determination of Fair Market Value.--The fair market value of 
the land to be conveyed pursuant to paragraphs (1) and (2) shall be 
determined by independent appraisers using the market value method.
    (5) Navigational Servitude.--Those portions of a 605-acre parcel of 
land known as the San Jacinto Disposal Area and more fully described in 
paragraph 1, supra, are declared to be nonnavigable waters of the 
United States.
    (6) Surveys and Studies.--The 605-acre parcel and the 564-acre 
parcel shall be surveyed and further legally described prior to 
conveyance. Not later than 60 days following enactment of this Act, if 
he deems it necessary, the Secretary of the Army shall complete a 
review of the applicability of section 404 of the Clean Water Act to 
the said parcels.

 (18)Page 12, line 11, strike out [$25,770,000] and insert: $24,770,000

 (19)Page 12, line 12, strike out [$15,920,000] and insert: $14,920,000

 (20)Page 12, line 13, after ``Act'' insert: and for feasibility 
studies of alternatives to the Uintah and Upalco Units

 (21)Page 12, line 21, strike out all after ``Act'' over to and 
including ``Act'' in line 2 on page 13

 (22)Page 13, after line 2, insert:
    In addition, for necessary expenses incurred in carrying out 
responsibilities of the Secretary of the Interior under the Act, 
$1,000,000, to remain available until expended.

 (23)Page 13, line 15, strike out [$13,109,000] and insert: $14,409,000

 (24)Page 14, line 7, strike out [$464,423,000] and insert: 
$460,898,000

 (25)Page 17, line 4, strike out [$11,563,000] and insert: $12,900,000

 (26)Page 17, line 12, strike out [$18,726,000] and insert: $21,000,000

 (27)Page 19, after line 20, insert:

                           GENERAL PROVISION

    Sec. 201. (a) Section 7(e) of the Northern Cheyenne Indian Reserved 
Water Rights Settlement Act of 1992 is amended by adding at the end 
thereof the following new sentences: ``All costs of environmental 
compliance and mitigation associated with the Compact, including 
mitigation measures adopted by the Secretary, are the responsibility of 
the United States. All moneys appropriated pursuant to the 
authorization under this subsection are in addition to amounts 
appropriated pursuant to the authorization under section 7(b)(1) of 
this Act, and shall be immediately available.''.
    (b) Except for authorizations contained in subsections 7(b)(1), 
7(b)(2) and 7(e), the authorization of appropriations contained in this 
Act shall not be effective until such time as the Montana water court 
enters and approves a decree as provided in subsection (d) of this 
section.
    (c) The amendments made by this section shall be considered to have 
taken effect on September 30, 1992.

 (28)Page 20, strike out lines 9 to 11 and insert: which 18 are for 
replacement only), $3,249,286,000, to remain available until expended: 
Provided, That no funds made available by this Act shall be used for 
the gas turbine-modular helium reactor (GT-MHR) (formerly known as the 
high temperature gas reactor)

 (29)Page 20, line 11, after ``development'' insert: , of which, 
$4,500,000 shall be derived by transfer from the Geothermal Resources 
Development Fund.

 (30)Page 20, strike out lines 13 to 17 and insert:
    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 residual uranium supply and enrichment activities in 
carrying out the purposes of the Department of Energy Organization Act 
(42 U.S.C. 7101, et seq.) and the Energy Policy Act (Public Law 102-
486, section 901), including the acquisition or condemnation of any 
real property or any facility or for plant or facility acquisition, 
construction, or expansion; purchase of electricity as necessary and 
payment to the Tennessee Valley Authority under the settlement 
agreement filed with the United States Claims Court on December 18, 
1987; purchase of passenger motor vehicles (not to exceed 5, of which 5 
are for replacement only), $247,092,000, to remain available until 
expended: Provided, That revenues received by the Department for 
residual uranium enrichment activities authorized by section 201 of 
Public Law 95-238, and estimated to total $70,000,000 in fiscal year 
1994, shall be retained and used for the specific purpose of offsetting 
costs incurred by the Department for such activities, notwithstanding 
section 3302(b) of title 31, United States Code: Provided further, That 
the sum herein appropriated shall be reduced as revenues are received 
during fiscal year 1994 so as to result in a final fiscal year 1994 
appropriation estimated at not more than $177,092,000.

 (31)Page 21, strike out all after line 1 down to and including 
``obligated'' in line 4 and insert: and in addition, an estimated 
$49,679,000 in unexpended balances, consisting of an estimated 
$6,267,000 of unobligated balances and an estimated $43,412,000 of 
obligated

 (32)Page 21, line 6, after ``expenses'' insert: : Provided, That at 
least $40,600,000 of amounts derived from the fund for such expenses 
shall be expended in accordance with title X, Subtitle A of the Energy 
Policy Act of 1992

 (33)Page 21, line 17, strike out [$1,194,114,000] and insert: 
$1,615,114,000

 (34)Page 21, line 18, strike out all after ``Provided,'' down to and 
including ``further,'' in line 23

 (35)Page 22, line 2, after ``contract'' insert: : Provided further, 
That none of the funds made available under this section for Department 
of Energy facilities may be spent 90 days after the beginning of the 
fiscal year to permit the continued construction of the superconducting 
super collider unless the Secretary delivers to the Committee an 
implementation plan for the specific recommendations of the Report of 
the DOE Review Committee on the Baseline Validation of the 
Superconducting Super Collider and the Secretary certifies that the 
management issues raised by General Accounting Office in its report 
dated February 1993, number GAO/RCED-93-87 have been adequately 
addressed and will not reoccur

 (36)Page 22, strike out lines 4 to 22, and insert:
    For the nuclear waste disposal activities to carry out the purposes 
of Public Law 97-425, as amended, including the acquisition of real 
property or facility construction or expansion, $260,000,000 to remain 
available until 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 her authority pursuant to section 302(e)(5) of said Act to 
issue obligations to the Secretary of the Treasury: Provided, That of 
the amount herein appropriated, within available funds, not to exceed 
$5,500,000 may be provided to the State of Nevada, for the sole purpose 
of conduct of its scientific oversight responsibilities pursuant to the 
Nuclear Waste Policy Act of 1982, Public Law 97-425, as amended: 
Provided further, That of the amount herein appropriated, not more than 
$7,000,000 may be provided to affected local governments, as defined in 
the Act, to conduct appropriate activities pursuant to the Act: 
Provided further, That within ninety days of the completion of each 
Federal fiscal year, each State or local entity shall provide 
certification to the Department of Energy, that all funds expended from 
such payments have been expended for activities as defined in Public 
Law 97-425, as amended. Failure to provide such certification shall 
cause such entity to be prohibited from any further funding provided 
for similar activities: Provided further, That none of the funds herein 
appropriated may be used directly or indirectly to influence 
legislative action on any matter pending before Congress or a State 
legislature or for any lobbying activity as provided in 18 U.S.C. 1913: 
Provided further, That none of the funds herein appropriated may be 
used for litigation expenses: Provided further, That none of the funds 
herein appropriated may be used to support multistate efforts or other 
coalition building activities inconsistent with the restrictions 
contained in this Act: Provided further, That none of the funds 
provided under this Act shall be made available for Phase II-B grants 
to study the feasibility of siting a Monitored Retrievable Storage 
Facility unless the Nuclear Waste Negotiator has first certified to the 
Secretary of Energy that there is a reasonable likelihood that 
agreement can be reached among all of the relevant governmental 
officials in the vicinity of any proposed site.

 (37)Page 23, line 19, strike out [$3,572,198,000] and insert: 
$3,597,482,000

 (38)Page 24, line 7, strike out [$5,185,877,000] and insert: 
$5,106,855,000

 (39)Page 24, line 7, after ``expended'' insert: : Provided, That a 
total of $8,000,000 shall be transferred from this account to the 
Environmental Protection Agency for the implementation of the Waste 
Isolation Pilot Plan Land Withdrawal Act of 1992 and the development of 
cleanup standards to guide the Department of Energy's environmental 
restoration efforts

 (40)Page 24, line 20, strike out [$2,046,592,000] and insert: 
$1,963,755,000

 (41)Page 26, line 10, strike out [$31,757,000] and insert: $30,362,000

 (42)Page 28, line 12, strike out [$287,956,000] and insert: 
$272,956,000

 (43)Page 28, line 13, strike out [$275,400,000] and insert: 
$260,400,000

 (44)Page 30, line 7, strike out [$189,000,000] and insert: 
$249,000,000

 (45)Page 30, line 14, strike out [$15,060,000] and insert: $18,060,000

 (46)Page 36, line 1, strike out [$138,973,000] and insert: 
$140,473,000

 (47)Page 40, after line 3, insert:

SEC. 505. BONNEVILLE POWER ADMINISTRATION REPAYMENT PROPOSAL

    Utilizing funds made available in this Act, the Secretary of Energy 
is urged to submit to the Congress by February 1, 1994, a legislative 
proposal to satisfy the Bonneville Power Administration's entire 
repayment obligation to the United States Treasury for appropriated 
investment in the Federal Columbia River Power System: Provided, That 
such a proposal shall result in maximum deficit reduction for the 
Federal Government in fiscal year 1995 through fiscal year 1999, and 
shall not increase Bonneville Power Administration rates beyond those 
rates which would result under existing debt repayment policy and 
practices.

            Attest:






                                                             Secretary.

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