Public Law 97–88

That the following

Energy and Water Development Appropriation Act, 1982.

sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 1982, for energy and water development, and for other purposes, namely:

TITLE I— DEPARTMENT OF DEFENSE—CIVIL

Department of the Army corps of engineers—civil The following appropriations shall be expended under the direction of the Secretary of the Army and the supervision of the Chief of Engineers for authorized civil functions of the Department of the Army pertaining to rivers and harbors, flood control, beach erosion, and related purposes.

general investigations For expenses necessary for the collection and study of basic information pertaining to river and harbor, flood control, shore protection, and related projects, restudy of authorized projects, and when authorized by law, surveys and detailed studies and plans and specifications of projects prior to construction, $137,225,000, to remain available until expended.

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 construction), $1,416,992,000, to remain available until expended.

flood control, mississippi river and tributaries 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-1), $256,310,000, 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 constructed by the Soil Conservation Service and be limited to the areas of responsibility mutually agreeable to the District Engineer and the State Conservationist.

operation and maintenance, general For expenses necessary for the preservation, operation, maintenance, 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; administration of laws pertaining to preservation of navigable waters; surveys and charting of northern and northwestern lakes and connecting waters; clearing and straightening channels; and removal of obstructions to navigation; $1,008,355,000, 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 and the Coastal Engineering Research Center; commercial statistics; and miscellaneous investigations; $91,000,000.

special recreation use fees For construction, operation, and maintenance of outdoor recreation facilities, including collection of special recreation use fees, to remain available until expended, $4,784,000, to be derived from the special account established by the Land and Water Conservation Act of 1965, as amended (16 U.S.C. 4601). Public Law 96–514 shall not be construed to affect the provisions of the Land and Water Conservation Fund Act as they pertain to the Corps of Engineers, and all recreation use fees collected by, and deposited in the Treasury by the Corps of Engineers, including those recreation use fees collected and so deposited since December 12, 1980, shall be deposited in a separate account credited to, and eligible for appropriation to, the Corps of Engineers in accordance with the provisions of section 4(f) of the Land and Water Conservation Fund Act.

administrative provisions Appropriations in this title shall be available for expenses of attendance by military personnel at meetings in the manner authorized by 5 U.S.C. 4110, uniforms, and allowances therefor, as authorized by law (5 U.S.C. 5901–5902), and for printing, either during a recess or session of Congress, of survey reports authorized by law, and such survey reports as may be printed during a recess of Congress shall be printed, with illustrations, as documents of the next succeeding session of Congress; not to exceed $2,000 for official reception and representation expenses; and during the current fiscal year the revolving fund, Corps of Engineers, shall be available for purchase (not to exceed 185 of which 185 shall be for replacement only) and hire of passenger motor vehicles: Provided, That the total accrued expenditures of the capital investment program of the revolving fund shall not exceed $130,000,000 in fiscal year 1982.

TITLE II— DEPARTMENT OF THE INTERIOR

Bureau of Reclamation For carrying out the functions of the Bureau of Reclamation as provided in the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto) and other Acts applicable to that Bureau as follows:

general investigations For engineering and economic investigations of proposed Federal reclamation projects and studies of water conservation and development plans and activities preliminary to the reconstruction, rehabilitation and betterment, financial adjustment, or extension of existing projects, to remain available until expended, $30,596,000, of which 30,396,000 is to be derived from the reclamation fund: Provided, That of the amount herein appropriated not to exceed $50,000 shall be available to initiate a rehabilitation and betterment program with the Farmers Irrigation District to rehabilitate facilities under the Act of October 7, 1949 (63 Stat. 724), as amended, to be repaid in full by the lands served and under conditions satisfactory to the Secretary of the Interior.

construction program 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, $548,505,000, of which $130,063,000 shall be available for transfers to the Upper Colorado River Basin Fund authorized by section 5 of the Act of April 11, 1956, and $186,497,000 shall be available for transfers to the Lower Colorado River Basin Development Fund authorized by section 403 of the Act of September 30, 1968, for construction and for liquidation of contract authority provided pursuant to said Act: Provided, That of the total appropriated, $221,735,000 shall be derived from the reclamation fund: Provided further, That transfers to the Upper Colorado River Basin Fund and Lower Colorado River Basin Development Fund may be increased or decreased by transfers within the overall appropriation to this heading: Provided further. That the final point of discharge for the interceptor drain for the San Luis Unit shall not be determined 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 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 of the amount herein appropriated under the Central Arizona Project, $2,000,000 shall be available for preconstruction activities on distribution systems pursuant to the Distribution Act of July 4, 1955, as amended.

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, $118,518,000, of which $82,303,000 shall be derived from the reclamation fund and such amounts as may be required for the Boulder Canyon Project shall be derived from the Colorado River Dam fund: Provided, 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 objects and in the same manner as sums appropriated herein may be expended, and such advances shall remain available until expended.

loan program For loans to irrigation districts and other public agencies for construction of distribution systems on authorized Federal reclamation projects, and for loans and grants to non-Federal agencies for construction of projects, as authorized by the Acts of July 4, 1955, as amended (43 U.S.C. 421a-421d), and August 6, 1956, as amended (43 U.S.C. 422a-422k), including expenses necessary for carrying out the program, $22,614,000, to remain available until expended: Provided, That during 1982, and within the resources and authority available, gross obligations for the principal amount of direct loans shall not exceed $26,922,000: Provided further. That any contract under the Act of July 4, 1955 (69 Stat. 244), as amended, not yet executed by the Secretary, which calls for the making of loans beyond the fiscal year in which the contract is entered into shall be made only on the same conditions as those prescribed in section 12 of the Act of August 4, 1939 (53 Stat. 1187,1197).

general administrative expenses For necessary expenses of general administration and related functions in the offices of the Commissioner of the Bureau of Reclamation and in the regional offices of the Bureau of Reclamation, $39,928,000, to be derived from the reclamation fund and to be nonreimbursable pursuant to the Act of April 19, 1945 (43 U.S.C. 377): Provided, That no part of any other appropriation in this Act shall be available for activities or functions budgeted for the current fiscal year as general administrative expenses.

special funds Sums herein referred to as being derived from the reclamation fund, the Colorado River Dam fund, or the Colorado River development fund, are appropriated from the special funds in the Treasury created by the Act of June 17, 1902 (43 U.S.C. 391), the Act of December 21, 1928 (43 U.S.C. 617a), and the Act of July 19, 1940 (43 U.S.C. 618a) 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 special fund from which derived.

administrative provisions Appropriations for the Bureau of Reclamation shall be available for purchase of not to exceed 21 passenger motor vehicles of which 19 shall be for replacement only; purchase of two aircraft of which one shall be for replacement only; payment of not to exceed $2,500,000 for a water sprinkler fire suppression system and other safety modifications in office buildings at the Denver Federal Center, Lakewood, Colorado; payment of claims for damages to or loss of property, personal injury, or death arising out of activities of the Bureau of Reclamation; payment, except as otherwise provided for, of compensation and expenses of persons on the rolls of the Bureau of Reclamation appointed as authorized by law to represent the United States in the negotiations and administration of interstate compacts without reimbursement or return under the reclamation laws; for service as authorized by 5 U.S.C. 3109, in total not to exceed $500,000; rewards for information or evidence concerning violations of law involving property under the jurisdiction of the Bureau of Reclamation; performance of the functions specified under the head “Operation and Maintenance Administration”, Bureau of Reclamation, in the Interior Department Appropriation Act, 1945; preparation and dissemination of useful information including recordings, photographs, 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 Act of August 21, 1935 (16 U.S.C. 461–467): Provided, That no part of any appropriation made herein shall be available pursuant to the Act of April 19, 1945 (43 U.S.C. 377), for expenses other than those incurred on behalf of specific reclamation projects except “General Administrative Expenses” and amounts provided for appraisal and special investigations, and general engineering and research under the head “General Investigations”. Sums appropriated herein which are expended in the performance of reimbursable functions of the Bureau of Reclamation shall be returnable to the extent and in the manner provided by law. No part of any appropriation for the Bureau of Reclamation, contained in this Act or in any prior Act, which represents amounts earned under the terms of a contract but remaining unpaid, shall be obligated for any other purpose, regardless of when such amounts are to be paid: Provided, That the incurring of any obligation prohibited by this paragraph shall be deemed a violation of section 3679 of the Revised Statutes, as amended (31 U.S.C. 665). No funds appropriated to the Bureau of Reclamation for operation and maintenance, except those derived from advances by water users, shall be used for the particular benefits of lands (a) within the boundaries of an irrigation district, (b) of any member of a water users’ organization, or (c) of any individual when such district, organization, or individual is in arrears for more than twelve months in the payment of charges due under a contract entered into with the United States pursuant to laws administered by the Bureau of Reclamation.

TITLE III— DEPARTMENT OF ENERGY

Operating Expenses energy supply, research and development activities For operating expenses of the Department of Energy necessary for energy supply, research and development activities and other activities in carrying out the purposes of the Department of Energy Organization Act (Public Law 95–91), $1,970,926,000, to remain available until expended: Provided, That of the funds appropriated herein, 9,000,000 is to be derived by transfer of unobligated balances from the funds appropriated under the heading “Operation and Maintenance, Southwestern Power Administration”, and $16,000,000 is to be derived by transfer from funds appropriated under the heading “Plant and Capital Equipment, Departmental Administration”: Provided further, That $1,300,000 of the funds provided herein shall be for the Region X wood-derived fuels program and transferred to the Bonneville Power Administration for obligation and expenditure.

general science and research activities For operating expenses of the Department of Energy necessary for general science and research activities in carrying out the purposes of the Department of Energy Organization Act (Public Law 95–91), 411,060,000, to remain available until expended.

atomic energy defense activities For operating expenses of the Department of Energy necessary for atomic energy defense activities in carrying out the purposes of the Department of Energy Organization Act (Public Law 95–91), $3,606,351,000, to remain available until expended.

departmental administration For salaries and expenses of the Department of Energy necessary for departmental administration and other activities in carrying out the purposes of the Department of Energy Organization Act (Public Law 95–91), including the hire of passenger motor vehicles and official reception and representation expenses (not to exceed $35,000); $368,368,000, to remain available until expended: Provided, That moneys received by the Department for miscellaneous revenues and estimated to total $167,900,000 in fiscal year 1982 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 3617 of the Revised Statutes (31 U.S.C. 484): Provided further, That the sum herein appropriated shall be reduced as moneys for miscellaneous revenues are received during fiscal year 1982 so as to result in a final fiscal year 1982 appropriation of not more than $200,468,000.

Plant and Capital Equipment energy supply, research and development activities For expenses of the Department of Energy in connection with the purchase, construction and acquisition of plant and capital equipment and other expenses incidental thereto necessary for energy supply, research and development activities and other activities in carrying out the purposes of the Department of Energy Organization Act (Public Law 95–91), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion; purchase of passenger motor vehicles (not to exceed 103 for replacement only) including 24 police-type vehicles; purchase of two helicopters for replacement only; $332,200,000, to remain available until expended.

general science and research activities For expenses of the Department of Energy in connection with the purchase, construction and acquisition of plant and capital equipment and other expenses incidental thereto necessary for general science and research activities in carrying out the purposes of the Department of Energy Organization Act (Public Law 95–91), 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 5 for replacement only); $118,300,000, to remain available until expended.

atomic energy defense activities For expenses of the Department of Energy in connection with purchase, construction and acquisition of plant and capital equipment and other expenses incidental thereto necessary for atomic energy defense activities in carrying out the purposes of the Department of Energy Organization Act (Public Law 95–91), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion; purchase of passenger motor vehicles (not to exceed 189 of which 166 are for replacement only) including 6 police-type vehicles; purchase of two helicopters; $1,066,803,000, to remain available until expended.

departmental administration For expenses of the Department of Energy necessary for departmental administration and other activities in carrying out the purposes of the Department of Energy Organization Act (Public Law 95–91), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, or for the purchase, construction or acquisition of capital equipment and other expenses incidental thereto, $40,963,000, to remain available until expended.

uranium supply and enrichment activities For expenses of the Department of Energy in connection with operating expenses; the purchase, construction, and acquisition of plant and capital equipment and other expenses incidental thereto necessary for uranium supply and enrichment activities in carrying out the purposes of the Department of Energy Organization Act Public Law 95–91), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion; purchase of passenger motor vehicles (not to exceed 23 for replacement only); $1,806,000,000, to remain available until expended: Provided, That revenues received by the Department for the enrichment of uranium and estimated to total $1,805,000,000 in fiscal year 1982, shall be retained and used for the specific purpose of offsetting costs incurred by the Department in providing uranium enrichment service activities as authorized by section 201 of Public Law 95–238, notwithstanding the provisions of section 3617 of the Revised Statutes (31 U.S.C. 484): Provided further. That the sum herein appropriated shall be reduced as uranium enrichment revenues are received during fiscal year 1982 so as to result in a final fiscal year 1982 appropriation estimated at not more than $1,000,000.

Power Marketing Administrations operation and maintenance, alaska power administration For engineering and economic investigations to promote the development and utilization of the water, power, and related resources of Alaska, and for necessary expenses of operation and maintenance of projects in Alaska and of marketing electric power and energy, $3,538,000, of which $50,000 shall be available solely to defray emergency expenses necessary to ensure continuity of service, to remain available until expended.

bonneville power administration fund Expenditures from the Bonneville Power Administration Fund, established pursuant to Public Law 93–454, are approved for purchase of one fixed wing aircraft for replacement only, for construction of Surprise Valley Area Service in the Alturas-Cedarville, California area and for official reception and representation expenses in an amount not to exceed $2,000. During fiscal year 1982 and within the resources and authority available, gross obligations for the principal amount of direct loans shall not exceed $40,000,000.

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, $7,237,000, to remain available until expended.

operation and maintenance, southwestern power administration For necessary expenses of operation and maintenance of power transmission facilities and of marketing electric power and energy, and for construction and acquisition of transmission lines, substations and appurtenant facilities, and for administrative expenses 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, including purchase of one passenger motor vehicle for replacement only, $21,269,000, to remain available until expended.

construction, rehabilitation, operation and maintenance, western area power administration For carrying out the functions authorized by title III, section 302(a)(1)(E) of the Act of August 4, 1977 (Public Law 95–91), and other related activities including conservation and renewable resources programs as authorized by law, including the purchase of passenger motor vehicles (not to exceed 10 of which 5 are for replacement only); $210,774,000, to remain available until expended, of which $135,200,000 shall be derived from the Department of the Interior reclamation fund and $680,000 shall be derived from the Colorado River Dam fund for power marketing and transmission expenses of the Boulder Canyon Project: Provided, That of the amount appropriated, $39,510,000 shall be available for Upper Colorado River Storage construction.

emergency fund, western area power administration For the “Emergency Fund”, as authorized by the Act of June 26, 1948 (43 U.S.C. 502), to remain available until expended for the purposes specified in that Act, $500,000, to be derived from the Department of the Interior reclamation fund.

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 (Public Law 95–91), including services as authorized by 5 U.S.C. 3109, $76,177,000.

Geothermal Resources Development Fund geothermal loan guarantee and interest assistance program For administrative expenses of the Geothermal Resources Development Fund, $200,000, to remain available until expended; and for carrying out the Geothermal Loan Guarantee and Interest Assistance Program as authorized by the Geothermal Energy, Research, Development and Demonstration Act of 1974 (Public Law 93–410), $2,000,000, to remain available until expended: Provided, That not to exceed $2,000,000 from the Fund shall be available for interest differential payments in fiscal year 1982: Provided further, That the amounts remaining in the Fund shall be used as a default reserve for loan guarantees issued pursuant to section 201 of title II of Public Law 93–410, as amended.

TITLE IV— INDEPENDENT AGENCIES

Appalachian Regional Commission salaries and expenses For necessary expenses of the Federal Cochairman and his alternate on the Appalachian Regional Commission and for payment of the Federal share of the administrative expenses of the Commission, including services as authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles, $2,900,000.

Funds Appropriated to the President appalachian regional development programs For expenses necessary to carry out the programs authorized by the Appalachian Regional Development Act of 1965, as amended, except expenses authorized by section 105 of said Act, including services as authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles, to remain available until expended, $150,000,000 of which $100,000,000 shall be available for the Appalachian Development Highway System.

Delaware River Basin Commission salaries and expenses For expenses necessary to carry out the functions of the United States member of the Delaware River Basin Commission, as authorized by law (75 Stat. 716), $121,000.

contribution to delaware river basin commission For payment of the United States share of the current expenses of the Delaware River Basin Commission, as authorized by law (75 Stat. 706,707), $269,000.

Interstate Commission on the Potomac River Basin contribution to interstate commission on the potomac river basin To enable the Secretary of the Treasury to pay in advance to the Interstate Commission on the Potomac River Basin the Federal contribution toward the expenses of the Commission during the current fiscal year in the administration of its business in the conservancy district established pursuant to the Act of July 11, 1940 (54 Stat. 748), as amended by the Act of September 25, 1970 (Public Law 91–407), $55,000.

Nuclear Regulatory Commission salaries and expenses For necessary expenses of the Commission in carrying out the purposes of the Energy Reorganization Act of 1974, as amended, and the Atomic Energy Act, as amended, including the employment of aliens; services authorized by 5 U.S.C. 3109; publication and dissemination of atomic information; purchase, repair, and cleaning of uniforms; official entertainment expenses (not to exceed $1,500); reimbursements to the General Services Administration for security guard services; hire of passenger motor vehicles and aircraft; $465,700,000, to remain available until expended: Provided, That from this appropriation, transfer of sums may be made to other agencies of the Government for the performance of the work for which this appropriation is made, and in such cases the sums so transferred may be merged with the appropriation to which transferred: Provided further, That moneys received by the Commission for the cooperative nuclear safety research programs may be retained and used for salaries and expenses associated with those programs, notwithstanding the provisions of 31 U.S.C. 484, and shall remain available until expended: Provided further, That transfers between accounts may be made only with the approval of the Committees on Appropriations of the House of Representatives and the Senate: Provided further, That no part of the funds appropriated in this Act may be used to implement section 110 of Public Law 96–295: Provided further, That no funds appropriated to the Nuclear Regulatory Commission in this Act may be used to implement or enforce any portion of the Uranium Mill Licensing Requirements published as final rules at 45 Federal Register 65521 to 65538 on October 3, 1980, or to require any State to adopt such requirements in order for the State to continue to exercise authority under State law for uranium mill and mill tailings licensing, or to exercise any regulatory authority for uranium mill and mill tailings licensing in any State that has acted to exercise such authority under State law: Provided, however, That the Commission may use such funds to continue to regulate byproduct material, as defined in section 11 e. (2) of the Atomic Energy Act of 1954, as amended, in the manner and to the extent permitted prior to October 3, 1980.

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), $120,000.

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), $217,000.

Tennessee Valley Authority payment to 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, $129,162,000, to remain available until expended.

Water Resources Council water resources planning For the Water Resources Council for salaries and related expenses necessary in carrying out the provisions of the Water Resources Planning Act of 1965 (42 U.S.C. 1962–1962d-3), as amended, including services as authorized by 5 U.S.C. 3109 and 42 U.S.C. 1962a-4(5), $3,888,000 including $658,000 for expenses in administering the Act (42 U.S.C. 1962d(b)), and $3,230,000 for preparation of assessments and plans (42 U.S.C. 1962d(c)): Provided, That none of the funds included herein shall be used for an Independent Project Review, for expenses of River Basin Commissions or for Grants to States.

TITLE V— GENERAL PROVISIONS