Bill summaries are authored by CRS.

Shown Here:
House receded and concurred with amendment (09/24/1992)

Energy and Water Development Appropriations Act, 1993 - Title I: Department of Defense - Civil - Makes appropriations for FY 1993 for: (1) authorized civil functions of the Department of the Army relating to rivers and harbors, flood control, and beach erosion; (2) 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, surveys, detailed studies, plans, and specifications of projects prior to construction; (3) the prosecution of authorized river and harbor, flood control, shore protection, and related projects, and detailed studies, plans, and specifications of projects authorized or made eligible for selection by law; (4) 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; (5) expenses necessary for the preservation, operation, maintenance, and care of existing river and harbor, flood control, and related works, including such sums as necessary for the maintenance of harbor channels, and serving essential needs of general commerce and navigation, surveys and charting of northern and northwestern lakes and connecting waters, clearing and straightening channels, and removing obstructions to navigation; (6) expenses necessary for the administration of laws pertaining to regulation of navigable waters and wetlands; (7) expenses necessary for emergency flood control, hurricane, and shore protection activities; and (8) expenses necessary for general administration and related functions in the office of the Chief of Engineers and offices of the Division Engineers, and activities of the Board of Engineers for Rivers and Harbors, the Coastal Engineering Research Board, the Humphreys Engineers Center Support Activity, and the Water Resources Support Center.

Authorizes the Secretary of the Army to: (1) evaluate the results of research and development associated with an advanced high speed magnetic levitation transportation system; and (2) summarize recommendations concerning the Federal role in advancing U.S. maglev technology. Makes funds available for such purposes.

Prohibits the use of funds made available under this Act to identify or delineate any land as a "water of the United States" under the Federal Manual for Identifying and Delineating Jurisdictional Wetlands (1989 Manual) or any manual adopted without notice and public comment. Requires the continued use of the 1987 Manual until a final wetlands delineation manual is adopted.

Prohibits the use of funds made available under this Act to implement proposed regulations to amend the fee structure for the Corps of Engineers regulatory program or to close any Corps district office.

Directs the Secretary, acting through the Chief of Engineers, to maintain in caretaker status the navigation portion of the Fox River System in Wisconsin. Requires the Assistant Secretary of the Army for Civil Works to take over negotiations with the State of Wisconsin for the transfer of ownership and operation of the Fox River Lock System to a nonfederal entity.

Prohibits the use of funds made available under this Act to implement the proposed rule for the Corps of Engineers amending regulations on "ability to pay."

Directs the Secretary to advertise for competitive bid a specified amount of the hopper dredge volume. Authorizes the Secretary to use the Corps of Engineers dredge fleet when industry does not perform as required by a contract or when the bids are more than 25 percent in excess of a fair and reasonable estimated cost or to respond to emergency requirements.

Title II: Department of the Interior - Makes appropriations for FY 1993 to the Department of the Interior for: (1) the Bureau of Reclamation; (2) 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; (3) construction and rehabilitation of projects and parts thereof (including power transmission facilities for Bureau use) and for other related activities as authorized by law; (4) operation and maintenance of reclamation projects or parts thereof and other facilities, as authorized, and for a soil and moisture conservation program on lands under the jurisdiction of the Bureau; (5) the cost of direct loans and grants as authorized by the Small Reclamation Projects Act and for administrative expenses to carry out the loan/grant program; (6) necessary expenses of general administrative and related functions in the office of the Commissioner, the Denver office, and offices in the five regions of the Bureau; and (7) the Emergency fund.

Authorizes the Secretary of the Interior to reimburse the city of Prescott, Arizona, for certain hydrological studies.

Sets forth provisions: (1) with respect to special funds from which sums derived from the reclamation fund or special fee account are appropriated; and (2) limiting the use of appropriations for the Bureau to the purchase of not more than 17 passenger motor vehicles for replacement only, payment of claims for damages to or loss of property, personal injury, or death arising out of Bureau activities, rewards for information or evidence concerning violations of law involving Bureau property, and other specified purposes.

Prohibits the use of funds made available under this Act to transfer title or ownership of the Central Valley Project to the State of California.

Makes appropriations under this and subsequent Energy and Water Development Appropriations Acts available for expenditure or transfer, with the approval of the Secretary of the Interior, for the emergency reconstruction, replacement, or repair of aircraft, buildings, utilities, or other facilities or equipment damaged, rendered inoperable, or destroyed by fire, flood, storm, drought, or other unavoidable causes, subject to specified limitations.

Allows the Secretary to authorize the expenditure or transfer of appropriations in this title and in subsequent Energy and Water Development Appropriations Acts in addition to the amounts included in the budget programs of the several agencies, for the suppression or emergency prevention of forest or range fires on or threatening lands under the jurisdiction of the Department.

Makes available appropriations for: (1) the operation of warehouses, garages, shops, and similar facilities, wherever consolidation of activities will contribute to efficiency or economy, subject to reimbursement of funds; and (2) hire, maintenance, and operation of aircraft, hire of passenger motor vehicles, and other specified purposes.

Authorizes the Bureau to invite non-Federal entities involved in cost sharing arrangements for the development of water projects to participate in contract negotiation and source selection proceedings without invoking provisions of the Federal Advisory Committee Act.

Directs the Secretary to conduct an analysis of alternatives for the design, construction, and operation of the Sykeston Canal as a replacement for Lonetree Reservoir.

Title III: Department of Energy - Makes appropriations for FY 1993 to the Department of Energy (DOE) for: (1) expenses of DOE activities including the purchase, construction, and acquisition of plant and capital equipment and other incidental expenses necessary for energy supply, research and development activities, and other activities in carrying out the purposes of the Department of Energy Organization Act; (2) expenses in connection with DOE operating expenses and the purchase, construction, and acquisition of plant and capital equipment and other incidental expenses necessary for uranium supply and enrichment activities; (3) expenses of activities including the purchase, construction, and acquisition of plant and capital equipment and incidental expenses necessary for general science and research activities; (4) nuclear waste disposal activities, including the acquisition of real property or facility construction or expansion; (5) expenses of activities including the purchase, construction, and acquisition of plant and capital equipment and incidental expenses for atomic energy defense weapons, new production reactor, environmental restoration and waste management, and defense materials production activities; (6) salaries and expenses of DOE necessary for departmental administration; (7) necessary expenses of the Office of Inspector General; (8) necessary expenses of operation and maintenance of projects in Alaska and of marketing electric power and energy; (9) necessary expenses of operation and maintenance of power transmission facilities and of marketing electric power and energy pursuant to the Flood Control Act of 1944, as applied to the southeastern and southwestern areas; (10) necessary expenses of construction, rehabilitation, operation, and maintenance, with respect to the Western Power Administration; and (11) necessary expenses of the Federal Energy Regulatory Commission.

Prohibits the use of funds appropriated for DOE for FY 1993 to implement the reconfiguration of non-nuclear activities until the Secretary of Energy submits specified cost-benefit analysis information to the Committees on Appropriations.

Specifies that: (1) revenue received from the disposition of isotopes and related services shall be credited to the Isotope Production and Distribution Program Fund; (2) expenditures from the Bonneville Power Administration Fund are approved for specified fish hatcheries, fish screens, and fish sampling facilities; the purchase, maintenance, and operation of two rotary-wing aircraft for replacement only; and official reception and representational expenses; and (3) appropriations for DOE under this title and in subsequent Energy and Water Development Appropriations Acts for the current fiscal year shall be available for hire of 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.

Sets forth provisions with respect to the transfer of funds and transfers of unexpended balances.

Directs the Secretary, to the fullest extent possible, to ensure: (1) that at least ten percent of Federal funding for the development, construction, and operation of the Superconducting Super Collider be made available to business concerns or other organizations owned or controlled by socially and economically disadvantaged individuals; and (2) significant participation in such development, construction, and operation by socially and economically disadvantaged individuals.

Title IV: Independent Agencies - Makes appropriations for FY 1993 for necessary expenses: (1) to carry out the program authorized by the Appalachian Regional Development Act of 1965, for the Federal Cochairman and the alternate on the Appalachian Regional Commission, and for payment of the Federal share of the Commission's administrative expenses; (2) of the Defense Nuclear Facilities Safety Board; (3) to carry out the functions of the U.S. member of the Delaware River Basin Commission and for payment of the U.S. share of the current expenses of the Commission; (4) of the Nuclear Regulatory Commission; (5) of the Office of Inspector General; (6) of the Nuclear Waste Technical Review Board; and (7) to carry out the functions of the U.S. member of the Susquehanna River Basin Commission and payment of the U.S. share of the Commission.

Appropriates funds: (1) 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; and (2) for the purpose of carrying out provisions of the Tennessee Valley Authority Act of 1933.

Title V: General Provisions - Sets forth specified restrictions on the use of appropriated funds, including: (1) barring the programs, projects, or activities defined in the report accompanying this Act from being eliminated or disproportionately reduced due to the application of "savings and slippage" provisions, unless such report expressly provides otherwise; and (2) limiting the expenditure of appropriations for any consulting service through a procurement contract to contracts where such expenditures are a matter of public record and available for public inspection, with exceptions.

Permits the use of funds made available by any Act for conducting a nuclear explosive test only if the conduct of such test is permitted in accordance with this Act.

Prohibits any underground test of a nuclear weapon after September 30, 1992, and before July 1, 1993.

Permits such a test, on and after July 1, 1993, and before January 1, 1997, only if 90 days have elapsed after the submittal of the President's report under this Act; the Congress has not agreed to a joint resolution disapproving the President's report; and the President submits an annual report to specified congressional committees that contains: (1) a schedule for resumption of the Nuclear Testing Talks with Russia; (2) a plan for achieving a multilateral comprehensive ban on the testing of nuclear weapons before September 30, 1996; (3) an assessment of the number and type of nuclear warheads that will remain in the U.S. stockpile of active nuclear weapons on September 30, 1996; (4) an assessment, for each year after FY 1992, of nuclear warheads that will remain in such stockpile and will not be in the stockpile of active weapons; will remain under the control of the Department of Defense; and will not be transferred to DOE for dismantlement; (5) a description of the safety features of warheads covered by assessments; (6) plans for installing safety features in warheads that will remain in the active weapons stockpile; (7) an assessment of the number and type of nuclear weapons tests, with limits, that are necessary to ensure the safety of such warheads; and (8) a schedule for conducting such tests at the Nevada test site. Provides that no report shall be required after 1996. Sets forth conditions for nuclear weapons tests during the reporting period.

Authorizes the United Kingdom, during the reporting period, to conduct one test of a nuclear weapon in the United States if the President determines that it is in the national interest. Includes such a test in the maximum number of tests the United States is permitted to conduct.

Prohibits the United States from conducting an underground test after September 30, 1996, unless a foreign state conducts a nuclear test after such date, at which time such ban is lifted.

Earmarks specified funds for the Central Maine Water Supply Project.