Volume 97 · 247
Public Law 98–50
Making appropriations for energy and water development for the fiscal year ending September 30, 1984, and for other purposes.
Approved July 14, 1983
Statutory text
An Act
Making appropriations for energy and water development for the fiscal year ending September 30, 1984, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the following
Energy and Water Development Appropriation Act, 1984.
sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 1984, for energy and water development, and for other purposes, Act, 1984. 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, miscellaneous investigations, and when authorized by law, surveys and detailed studies and plans and specifications of projects prior to construction, $133,810,000, 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), $884,104,000, to remain available until expended, of which $5,200,000 shall be made available for the Miami Harbor, Bayfront Park project, Florida; and, in addition, notwithstanding any other provision of law, $10,000,000, to remain available until expended, for the Yatesville Lake construction project. 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. Revolving Fund For design and construction of a Corps of Engineers’ learning facility at Huntsville, Alabama, $9,500,000, to remain available until expended. 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-1), $300,480,000, 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: Provided further, That the unexpended balances of prior appropriations provided for activities covered in this appropriation may be transferred to appropriation accounts for such activities established pursuant to this appropriation. Balances so transferred may be merged with funds in the applicable established account and thereafter may be accounted for as one fund for the same time period as originally enacted. 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, $1,184,492,000, to remain available until expended, of which $319,000 shall be for the Dismal Swamp Canal, Virginia and North Carolina. 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; commer-cial statistics; and miscellaneous investigations, $103,000,000, to remain available until expended. 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, $6,000,000, to be derived from the special account established by the Land and Water Conservation Act of 1965, as amended (16 U.S.C. 4601). 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 therefore, 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 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 $78,000,000 in fiscal year 1984.
Sec. 101. General Provisions, Corps of Engineers
None of the funds appropriated in this title, except as specifically contained herein, shall be used to alter, modify, dismantle, or otherwise change any project which is partially constructed but not funded for construction in this title.
Sec. 102.
The Secretary of the Army, acting through the Chief of Engineers, is authorized to reimburse local and State interests those sums of moneys expended by them subsequent to July 1, 1969, in construction of the Flat River Channel improvement feature of the Bayou Bodeau and Tributaries project in Louisiana to the extent that such work is authorized by Public Law 89–298, approved October
27, 1965, and which the Chief of Engineers determines is compatible with, and constitutes, an integral part of his recommended plan. The total amount of reimbursement is not to exceed $3,500,000.
Sec. 103.
Notwithstanding any other provision of law, the Secretary
Contracts.
of the Army, acting through the Chief of Engineers, is hereby authorized to enter into a purchase contract for the acquisition of new buildings and appurtenant facilities for the United States Army Engineer District, New Orleans, Louisiana. Such buildings and facilities shall be constructed on a site presently occupied by the Engineer District under a long-term right of use donated by the Board of Commissioners for the Port of New Orleans. The contract shall provide for the payment of the purchase price, which shall not exceed $38,000,000, and reasonable interest thereon, by lease or installment payments over a period not to exceed 25 years. The contract shall further provide that title to the buildings and facilities shall vest in the United States at or before the expiration of the contract term upon fulfillment of the terms and conditions of the contract.
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, $33,831,000, of which $33,161,000 shall be derived from the reclamation fund and of which $470,000 shall be available for the termination of activities conducted pursuant to the Act of October 17, 1978, as amended (42 U.S.C. 7801, et seq.).
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, $683,818,000, and, in addition $10,000,000 to remain available until expended, for the Tucson Division to be expended for commencement of excavation and construction of the Picacho, Red Rock and Brady Pumping Plants, purchase of pumps and motors for those plants, and acquisition of rights-of-way and construction for reaches 1, 2, and 3 of phase A of the aqueduct, of which $161,104,000 shall be available for transfers to the Upper Colorado River Basin Fund authorized by section 5 of the Act of April 11, 1956 (43 U.S.C. 620d), and $165,600,000 shall be available for transfers to the Lower Colorado River Basin Development Fund authorized by section 403 of the Act of September 30, 1968 (43 U.S.C. 1543): 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 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 not to exceed $20,000 shall be available to initiate a rehabilitation and betterment program with the Twin Falls Canal Company, Twin Falls County, Idaho, to rehabilitate facilities under the Act of October 7, 1919 (63 Stat. 724), as amended, to be repaid in full by the lands served and under conditions satisfactory to the Secretary of the Interior: Provided further, That of the amount herein appropriated $3,000,000 shall be available to enable the Secretary of the Interior to begin work on rehabilitating the Velarde Community Ditch Project, New Mexico, in accordance with the Federal Reclamation Laws (Act of June 17, 1902, 32 Stat. 788, and Acts amendatory thereof or supplementary thereto) for the purposes of diverting and conveying water to irrigated project lands. The principal features of the project shall consist of improvements such as the installation of more permanent diversion dams and headgates, wasteways, arroyo siphons, and concrete lining of ditches in order to improve irrigation efficiency, conserve water, and reduce operation and maintenance costs. The cost of the rehabilitation will be nonreimbursable and constructed features will be turned over to the appropriate entity for operation and maintenance.
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, $134,291,000: 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 and such amounts as may be required for the Boulder Canyon Project shall be derived from the Colorado River Dam fund: 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 objects and in the same manner as sums appropriated herein may be expended, and such advances shall remain available until expended: Provided further, That nonreimbursable funds will be available from revenues for performing examination of existing structures on participating projects of the Colorado River Storage Project: Provided further, That such amounts as may be required for replacements on the Boulder Canyon Project which would require readvances to the Colorado River Dam Fund under section 5 of the Boulder Canyon Project Adjustment Act of July 19, 1940 (43 U.S.C. 618d), are to be considered as though readvanced under said section.
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, $45,000,000, to be derived from the reclamation fund and to remain available until expended: Provided, That during fiscal year 1984 and within the resources and authority available, gross obligations for the principal amount of direct loans shall not exceed $51,802,000: 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 $53,750,000, of which $10,500,000, shall remain available until expended, the total amount to be derived from the reclamation fund and to be nonreimbursable pursuant to the Act of April 19, 1945 (43 U.S.C. 377): Provided, That no part of any other appropriation in this Act shall be available for activities or functions budgeted for the current fiscal year as general administrative expenses.
Emergency Fund For an additional amount for the “Emergency fund”, as authorized 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.
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), and 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 17 motor vehicles of which 16 shall be for replacement only; purchase of one aircraft; 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 Appropriations 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. 1341). 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.
Sec. 201. General Provisions, Department of the Interior
Appropriations in this title shall be available for expenditure
Emergency reconstruction.
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 or destroyed by fire, flood, storm, or other unavoidable causes: Provided, That no funds shall be made available under this authority until funds specifically made available to the Department of the Interior for emergencies shall have been exhausted.
Sec. 202.
The Secretary may authorize the expenditure or transfer
Additional expenditure or transfer.
(within each bureau or office) of any appropriation in this title, in addition to the amounts included in the budget programs of the several agencies, for the suppression or emergency prevention of forest or range fires on or threatening lands under jurisdiction of the Department of the Interior.
Sec. 203.
Appropriations in this title shall be available for operation
Warehouses, garages, shops, and similar facilities.
of warehouses, garages, shops, and similar facilities, wherever consolidation of activities will contribute to efficiency, or economy, and said appropriations shall be reimbursed for services rendered to any other activity in the same manner as authorized by the Act of June 30, 1932 (31 U.S.C. 686): Provided, That reimbursements for costs of supplies, materials, equipment, and for
96 Stat. 933, 934.
96 Stat. 933, 934.
31 USC 1535, 1536.services rendered may be credited to the appropriation current at the time such reimbursements are received.
Sec. 204.
Appropriations in this title shall be available for hire, maintenance, and operation of aircraft; hire of passenger motor vehicles; purchases of reprints; 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 membership in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members.
Sec. 205.
The cost of foundation treatment, drainage, and instrumentation work planned or under way at Twin Buttes Dam, Texas, shall be nonreimbursable under Federal reclamation laws.
TITLE III— DEPARTMENT OF ENERGY
Energy Supply, Research and Development Activities For expenses of the Department of Energy activities including the purchase, construction and acquisition of plant and capital 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 19 of which 16 are for replacement only), $1,951,609,000, to remain available until expended: Provided, That $3,000,000 of the proposed deferral No. 83–72 shall be made available for the Second Small Community Experiment project and shall 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 49 of which 48 are for replacement only); $2,235,000,000, to remain available until expended: Provided, That revenues received by the Department for the enrichment of uranium and estimated to total $2,240,000,000 in fiscal year 1984, 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 1984 so as to result in a final fiscal year 1984 appropriation estimated at not more than $0.
General Science and Research Activities For expenses of the Department of Energy, activities including the purchase, construction and acquisition of plant and capital equip-ment and other expenses incidental thereto necessary for general science and research activities in carrying out the purposes of the Department of Energy Organization Act (Public Law 95–91), 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 12 for replacement only); $638,250,000, to remain available until expended.
Nuclear Waste Disposal Fund For nuclear waste disposal activities to carry out the purposes of Public Law 97–425, including the acquisition of real property or facility construction or expansion, $306,675,000, 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 this account, the Secretary shall exercise his authority pursuant to section 302(e)(5) to issue obligations to the Secretary of the Treasury.
Atomic Energy Defense Activities 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 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 333 of which 323 are for replacement only) including 7 police-type vehicles; purchase of one helicopter, $6,547,875,000, to remain available until expended: Provided, That notwithstanding any other provision of law, no funds may be obligated or expended after the date of enactment of this Act for Project 82–D–109 unless the President certifies to Congress that— (1) for each 155mm nuclear weapon produced an existing 155mm nuclear weapon shall be removed from the stockpile and permanently dismantled; and (2) formal notification has been received from the North Atlantic Treaty Organization nation in which such weapons are sought to be deployed that such nation has approved replacement of existing 155mm nuclear weapons with the new 155mm nuclear weapon. None of the funds appropriated by this Act, or by any other Act, or by any other provision of law shall be available for the purpose of restarting the L-Reactor at the Savannah River Plant, Aiken, South Carolina, until the Department of Energy completes an Environmental Impact Statement pursuant to section 102(2)(C) of the National Environmental Policy Act of 1969 and until issued a discharge permit pursuant to the Federal Water Pollution Control Act (33 U.S.C. 1251, et seq.) as amended, which permit shall incorporate the terms and conditions provided in the Memorandum of Understanding entered into between the Department of Energy and the State of South Carolina dated April 27, 1983, relating to studies and mitigation programs associated with such restart. For purposes of this paragraph the term “restarting” shall mean any activity related to the operation of the L-Reactor that would achieve critical-ity, generate fission products within the reactor, discharge cooling water from nuclear operations directly or indirectly into Steel Creek, or result in cooling system testing discharges which exceed the volume, frequency and duration of test discharges conducted prior to June 28, 1983. Consistent with the National Environmental Policy Act of 1969, and in consultation with State officials of South Carolina and Georgia, the preparation and completion of the Environmental Impact Statement called for in the preceding paragraph shall be expedited. The Secretary of Energy may reduce the public comment period, except that such period shall not be reduced to less than thirty days, and the Secretary shall provide his Record of Decision, based upon the completed Environmental Impact Statement, not sooner than December 1, 1983, and not later than January 1, 1984.
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); $366,056,000, all of which is available for fiscal year 1984 and shall 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 Department for miscellaneous revenues estimated to total $209,619,000 in fiscal year 1984 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 31 U.S.C. 3302: Provided further, That the sum herein appropriated shall be reduced by the amount of miscellaneous revenues received during fiscal year 1984 so as to result in a final fiscal year 1984 estimated appropriation estimated at not more than $156,437,000.
Power Marketing Administrations Operation and Maintenance, Alaska Power Administration For engineering and economic investigations to promote the development and utilizaton 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, $3,410,000, to remain available until expended, of which not to exceed $200,000 to be available only upon a determination by the Secretary that such amounts are required to ensure continuity of service in the case of an emergency.
Bonneville Power Administration Fund Expenditures from the Bonneville Power Administration Fund, established pursuant to Public Law 93–454, are approved for official reception and representation expenses in an amount not to exceed $2,500; and for continuity of financing the construction program, as well as financing new programs, an additional $1,250,000,000 in borrowing authority is made available, under the Federal Columbia River Transmission System Act (Public Law 93–454) to remain outstanding at any given time: Provided, That the obligation of such additional borrowing authority shall not exceed $123,400,000 in fiscal year 1984. During fiscal year 1984 and within the resources and authority available, gross obligations for the principal amount of direct loans shall not exceed $40,000,000; during fiscal year 1984, commitments to guarantee loans may be made only to the extent that the total loan principal, any part of which is to be guaranteed, shall not exceed $20,000,000.
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, $20,594,000, 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, $36,229,000, 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, including the purchase of passenger motor vehicles (not to exceed nine for replacement only), purchase, maintenance, and operation of one aircraft, $194,630,000, to remain available until expended, of which $163,430,000 shall be derived from the Department of the Interior Reclamation fund and $1,004,000, shall be derived from the Colorado River Dam fund for power marketing and transmission expenses of the Boulder Canyon Project.
Emergency Fund, Western Area Power Administration For the “Emergency Fund”, as authorized by the Act of June 16, 1948 (43 U.S.C. 502), to remain available until expended for the purposes specified in that Act, $500,000, on a continuing basis to be recovered from the Reclamation Fund against receipts for the transmission and sale of electric power and energy which are deposited into the Treasury through Western Area Power Administration which shall be available for transfer to the Western Emergency Fund: Provided, That expenditures from the Western Emergency Fund shall be replenished from project power revenues for which funds were expended on an emergency basis.
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, including the hire of passenger motor vehicles; official reception and representation expenses (not to exceed $1,500); $89,582,000, of which $4,000,000 shall remain available until expended and be available only for contractual activities: Provided,That notwithstanding the provisions of section 3617 of the Revised Statutes (31 U.S.C. 484), revenues from licensing fees, inspection services, and other services and collections estimated at $60,000,000 in fiscal year 1984 may be retained and used for necessary expenses in this account, and may remain available until expended: Provided further, That the sum herein appropriated shall be reduced as revenues are received during fiscal year 1984, so as to result in a final fiscal year 1984 appropriation estimated at not more than $29,582,000.
Geothermal Resources Development Fund For carrying out the Loan Guarantee and Interest Assistance Program as authorized by the Geothermal Energy Research, Development and Demonstration Act of 1974, as amended, $2,100,000, to remain available until expended: Provided, That the indebtedness guaranteed or committed to be guaranteed through funds provided by this or any other appropriation Act shall not exceed the aggregate of $500,000,000.
Sec. 301. General Provisions, Department of Energy
Appropriations for the Department of Energy under this title for the current fiscal year shall be available for hire of passenger 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 be made to other agencies of the United States Government for the performance of
Funding restriction.
work for which this appropriation is made. None of the funds made available to the Department of Energy under this Act shall be used to implement or finance authorized price support or loan guarantee programs unless specific provision is made for such programs in an
Contributions, acceptance.
appropriation Act. The Secretary is authorized to accept lands, buildings, equipment, and other contributions from public and private sources and to prosecute projects in cooperation with other agencies, Federal, State, private, or foreign.
Sec. 302.
Not to exceed 5 per centum of any appropriations made available for the current fiscal year for Department of Energy activities funded in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise 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.
Sec. 303.
The unexpended balances of prior appropriations provided
Appropriation balances, transfers.
for activities covered in this Act may 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.
Sec. 304.
The expenditure of any appropriation under this Act for any consulting service through procurement contract pursuant to 5 U.S.C. 3109, 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. 305.
None of the funds in the Department of Energy shall be
Funding restriction.
used to pay the expenses of, or otherwise compensate, parties intervening in regulatory or adjudicatory proceedings funded in the Department of Energy.
Sec. 306.
Not more than $500,000 of funds available to the Federal
Analysis.
Energy Regulatory Commission shall be available for updating the comprehensive water resources analysis covering Merced County, Mariposa County, Madera County, and Fresno County in California, in accordance with the provisions of sections 4(a) and 10(a) of the Federal Power Act including such public hearings as are necessary and appropriate for that purpose: Provided, That notwithstanding any other provision of law or regulation, the construction of any dam or hydroelectric facility on Whiskey Creek, Nelder Creek, and Lewis Fork of the Fresno River, all located in Merced County, Mariposa County, Madera County, and Fresno County in California, shall be suspended and deferred until completion of the aforementioned updating of the comprehensive water resource analysis covering that area, and any permit, license, or exemption issued by the Federal Energy Regulatory Commission shall be modified as necessary to be consistent with the results of that analysis.
TITLE IV— INDEPENDENT AGENCIES
Appalachian Regional Commission salaries and expenses For necessary expenses of the Federal Cochairman and the alternate on the Appalachian Regional Commission and for payment of the Federal share of the administrative expenses of the Commission, including services as authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles, $2,700,000.
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, $145,000,000 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), $191,000. 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), $68,000.
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 representation expenses (not to exceed $3,000); reimbursements to the General Services Administration for security guard services; hire of passenger motor vehicles and aircraft, $465,800,000, 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 program and the material access authorization program 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.
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), $191,000. contribution to susquehanna river basin commission For payment of the United States share of the current expense of the Susquehanna River Basin Commission, as authorized by law (84 Stat. 1530, 1531), $230,000. 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, $125,500,000, to remain available until expended, of which $47,271,000 shall be derived from unobligated balances in the Tennessee Valley Authority Fund provided in fiscal year 1983.
TITLE V— GENERAL PROVISIONS
Sec. 501.
No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.
Sec. 502.
None of the funds in this Act shall be used to pay the expenses of, or otherwise compensate, parties intervening in regulatory or adjudicatory proceedings funded in this Act.
Sec. 503.
The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, 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. 504.
None of the funds in this Act shall be used to implement, administer, or enforce any regulation which has been disapproved pursuant to a resolution of disapproval duly adopted in accordance with the applicable law of the United States.
Sec. 505.
None of the funds appropriated in this Act shall be used to implement a program of retention contracts for senior employees of the Tennessee Valley Authority.
Sec. 506.
Notwithstanding any other provision of this Act or any other provision of law, none of the funds made available under this Act or any other law shall be used for the purposes of conducting any studies relating or leading to the possibility of changing from the currently required "at cost” to a “market rate” or any other non-cost-based method for the pricing of hydroelectric power by the six Federal public power authorities, or other agencies or authorities of the Federal Government, except as may be specifically authorized by Act of Congress hereafter enacted.
This Act may be cited as the “Energy and Water Development Appropriation Act, 1984”.
Short title.
Approved July 14, 1983.