Excerpt from, Report No. 98-375, Supplemental Appropriations Bill, 1984, relating to the Smithsonian Institution.

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TITLE I

CHAPTER I

SuBCOMMITTEE ON HousiNG AND URBAN DEVELOPMENT INDEPENDENT AGENCIES

EDWARD P. BOLAND, Massachusetts, Chairman

BOB TRAXLER, Michigan LOUIS STOKES, Ohio

BILL GREEN, New York LI DY (MRS. HALE) BOGGS, Louisiana

MARTIN OLAV SABO, Minnesota

LAWRENCE COUGHLIN, Pennsylvania JERRY LEWIS, California

BILL BONER, Tennessee

VETERANS ADMINISTRATION

COMPENSATION AND PENSIONS

The Veterans Administration requests a fiscal year 1983 supplemental appropriation of $66,000,000 for the compensation and pensions account. Obligations in the compensation program are now

projected by the Veterans Administration to exceed the levels estimated for fiscal year 1983 by $111,000,000 due to increased caseload and costs. This increase is partially offset by reductions of

$33,000,000 in the pension program and $12,000,000 in burial benefits and miseellaneous assistance. The Committee has included the supplemental budget request of $66,000,000 in the bill.

READJUSTMENT BENEFITS

The Veterans Administration requests a fiscal year 1983 supple- ental appropriation of $40,000,000 for the readjustment benefits account. This increase is principally due to higher than expected obligations for education and training payments . . The Committee

has included the full $40,000,000 requested in the bill.

MEDICAL AND PROSTHETIC RESEARCH

The Committee is recommending the full $57,356,000 requested for an Agent Orange epidemiological study. The Centers for Dis- ease Control will conduct the study.

The Agent Orange study was originally authorized in legislation signed on December 20, 1979. Section 307 of that Act mandated

that the Veterans Administration conduct an epidemiological study of persons who served in Vietnam and were exposed to herbicides that ^cont~ineddioxins to determine if they have suffered any long-

term adverse health effects from such exposure.

'fhe Agent Orange studies' protocol calls for conducting three separate concurrent studies. Two of the three studies are historic studies and will be conducted in tandem. One will examine the

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tion of the training period. Again, the Committee is concerned that this could serve to lessen participation in areas of highest unem-

loyment because firms in those areas may not have either the re- ources or potential jobs available to complete with geographical areas with more viable economic activity.

The Committee urges the Veterans Administration to carefully review its procedures in this connection and make every effort to ensure that all areas of the country particularly areas of highest

unemployment have an equal opportunity to compete for the training positions.

GENERAL OPERATING EXPENSES

The Veterans Administration requests a fiscal year

1984

supplemental appropriation ^af

$4,165,000

and

119

full-time equivalent em- ployment (FTEE) in the general operating expenses account. The additional funding is required to administer the Emergency Veter- ans' Job Training Act of

1983.

The additional FTEE requested include 50 for veterans services,

49

for compensation, pension and education,

15

for the vocational rehabilitation and counseling serv-

ice and five for office services.

The Committee recommends the budget estimate of

$4,165,000

to implement the job training program. This supplemental appropriation will provide a total

1984

general operating expenses appropri-

ation of

$716,253,000. ·

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CHAPTER III

SUBCOMMITTEE ON ENERGY AND WATER DEVELOPMENT

TOM BEVILL, Alabama, Chairman

LINDY (MRS. HALE) BOGGS, Louisiana BILL CHAPPELL, Florida

JOHN T. MYERS, India na

VIRGINIA SMITH, ebraska ELDON RUDD, Arizona

VIC FAZIO, California

WES WATKINS, Oklahoma BILL BO ER, Tennessee

ENERGY AND WATER DEVELOPMENT

The Committee recommendation provides an additional amount of $57,000,000, for Department of Energy, Atomic Energy Defense

Activities, $12,000,000 for Department of Energy, Nuclear Waste Disposal Fund, and an additional amount of $9,400·,000, for Appala- chian Regional Commission, Appalachian Regional Development Programs. In addition, the Committee is recommending bill language relating to the Corps of Engineers and the Tennessee Valley Authority.

DEPARTMENT OF DEFENSE CIVIL DEPARTMENT OF THE ARMY

CoRPS OF ENGINEERS CIVIL

From within funds available to the Corps of Engineers, not to exceed $2,000,000 shall be used to rehabilitate, restore, and refur- bish the Corps of Engineers dredge vessel Kennedy, to transport the

essel to New Orleans, Louisiana, and there to operate, maintain and display the vessel for the duration of the 1984 Louisiana World Exposition. Such operation, maintenance and display shall include the preparation and use of audio-visual and other exhibits to inform the public of Corps of Engineers water resources activities.

Within available funds, the Corps of Engineers is directed to allocate $200,000 to continue planning of the Hugo Lake, Oklahoma,

hydropower study.

The Corps of Engineers is directed to allocate within available funds $130,000, to the Lorean Branch, Hurst, Texas, small flood co11trol project and $130,000 to the Calloway Branch, Hurst, Texas, small flood control project.

The Committee notes a decision by the Corps of Engineers to close the Chesapeake Bay Model in Maryland. The State of Mary- la nd has offered to fund and conduct a study of t he merits of con- vert ing the model facility into a multipurpose center for the pro- n1otion of the Chesapeake Bay's natural resources, or for other purposes. In order to allow time for the conduct of the study, the Com-

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l1 ~ ucl1 ^~d ltl coul ~d occur onl. o 1~c i11 r . - cogn.izing

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1 l1~ r r p · bl~ ^_11 in l1 .

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flood control element is to complement the authorized beach erosion and is to include the following items:

Restoration of Revere Beach and shoreline flood control measures inclusive of Roughans Point and Point of Pines; and

Other flood damage reduction measures needed for the back- shore area.

The Corps is directed to utilize $1,000,000 of available funds to initiate construction of this vitally needed project. The state initiat- ed, in June 1978, construction of Phase I of the Master Plans Park and Flood Control Embankment, and acquired the additional property needed to complete the embankment. The construction cost of

Phase I was $1,100,000. The Revere Beach Reservation was the first such public beach reservation in the United States.

The Committee is very concerned with the flooding problems at Scottsville, Virginia. The community has been devastated by floods on numerous occasions, and the future of this historic town is in serious jeopardy. Therefore, the Committee directs the Army Corps

of Engineers to provide an adequate level of protection to this community using up to $2,000,000 in available funds as an advance measure under Public Law 99 of the 84th Congress.

Within available funds, the Corps of Engineers is directed to allocate $150,000 for design of the Havre-Weir Project in Montana.

Within available funds, the Corps of Engineers is directed to allocate $200,000 for continuation of planning and engineering on the Pleasant Run flood control project in Ohio.

The Committee notes that a serious erosion problem exists on Captiva Island, Florida, that has been exacerbated by storms within the past year. As a result, County Road 867, the only hurri- cane evacuation route for the northern two-thirds of Captiva Island, is in imminent danger of being undermined unless the nourishment of the Captiva Island shoreline is completed. The Corps of Engineers is therefore directed to investigate the problem

f the remaining nourishment of the beach, and to report back to the Congress those findings with an estimate of the cost of such re- pa1rs. •

•

DEPARTMENT OF THE INTERIOR

BUREAU OF RECLAMATION

Within funds provided in the fiscal year 1984 construction program for the Central Arizona Project (Public Law 98-50), $50,000 is

for an evaluation of available water supplies in the Salt-Verde River Basin which could be developed for conservation purposes.

The preliminary evaluation should be completed and submitted to the Committee for review by April 1, 1984.

The Committee directs the Bureau of Reclamation to make avail- ,able within existing funds approximately $200,000 to complete pre-

construction activities necessary for the construction of previously authorized conveyance facilities in connection with the Arbuckle Project, Okla., to provide municipal and industrial water to Sul-

phur, Okla. Such activities will include making location studies, en-

·ironmental studies, collection of design data, and beginning prepa-

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TENNESSEE VALLEY AUTHORITY

LITIGATION RESPONSIBILITY FOR THE TENNESSEE VAI~I~EY AUTHORITY

The Tennessee Valley Authority Act of 1933 established TVA as an independent government corporation with full responsibility

and jurisdiction over its own affairs. TVA was intended to be independent of outside influence. Over the years, efforts have been made to encroach on the independence of TV A for a variety of rea- sons, such as to affect power rates, provide revenues for the Treas-

ury, and so forth.

The U.S. Department of Justice has, on a number of occasions sought to assume jurisdiction over TVA's litigation activities. The

Department currently is responsible for most other Federal litigation and it contends that TV A, as a Government corporation, should be under its jurisdiction for government-wide litigation. Jus- tice contends that in the absence of a specific legislative mandate, TV A does not have jurisdiction over the conduct of its litigation.

It is the Committee's view that the Tennessee Valley Act of 1933 clearly stipulates that TV A is responsible for all of its own litigation. In its 50-year history, TV A has conducted its own litig·ation and no court at any level has ever questioned TVA's right to do so.

If TV A were to delegate or otherwise surrender jurisdiction over its legislatively mandated responsibilities for litigation in this area, it would seriously undermine its independence over all other aspects of its program.

The Committee has expressed these views on previous occasions, particularly in House Report 97-850. Since the Department of Jus- tice has indicated its continuing desire to intervene in the litigation activities of the TV A, the Committee is recommending a legis-

lative prohibition to reiterate the clear intention of the Congress to prevent the Department of Justice from representing TVA in litigation.

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Th o nn1i h _ lo11 b n on , ^"Il^l d i l1 ^tt1 ¹¹¹ⁱ¹¹ ^fir cur ...

r~ ¹¹ 1 burning ⁱ¹¹ 11d ^~ rou11d ¹¹ r li ¹¹ⁿ ^~ ^]\^' ^Jli' ^. A udy of

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^ntly ^conclud ^d ^11d ^pr ¹¹ ^d ^, ^r ¹^op ⁱ^~on ^r ^,^· ¹¹i11 fron1 doing no bing o ot~ 1 x v· . ⁱ ^~onof th fir, . Doin no bin ~ "'oald contin-

u o 'PO e th r id n o 11 h d n r of ll fir · ^i11Cluding ub. id nc and noxiou ir. Total ^'C v· . ion · ould co ^t mor than

)0 . Th omn1it r con1n1 nd mor mod rat ap- pro ch by pro idj11,g - , 0 · o r lo ~ h i iz n of the Bor- ou h of n ·r li nd he Viii _ of Byrn ill . A r ^[! ^-r ndum in

ntr li· w h ld and th citiz ⁿ vot d b . ,_ ¹¹ rly two to on n1argi11 to r loc .· . Th , ommit ion conform - wi h th com·-

mnni . wi h . The amoun provid d \Yill ^p ^rmi h purchase of r td nc bu in. ^- ^S ^.nd non.-profit building . nd r loc tion costs

a 11 as as _ oci ad mini tr · i · co . Thi 'in1, . i based on , . 1 re id nti 1 uni nd · 7 bu in uni cl ifi d yes or un- d cid d on reloca io urv . A con ing ^11cy i I~ o provided for

h 7 r siden iaJ uni cla ified oppo ed to r loc· io .

Th ^I ommo11wealth of P nn, . lvani will c rry ou th relocation

t .hrough a gr nt from ·the Bandon d Min R clam ' tion Fund. At 1 a t tw n y-fi e p rc nt of he co. sh· 11 b from the Common-

w 1 h en ^itl^~ ment ^from ^·^h^~eAbandoned Mine R clamati~on Fund.

The o.mrni 1 ee i , ^w ^,^·r that the Office of Surface Mining has lre d · purch ~ ed orne proper y in en r li, _. E ry effort should be made to tran fer the e properti~es to th ommonwealth of

Penn lvani o that all pr~ope ties rna be und~er ¹ h management

of on en i _•^{y .}

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water to the Everglades National Park, at an estimated cost of

$75,000,000. The Secretar;: shall acquire any interest in land under .

is subsection at the fa~r market value of such interest based on nditions existing after the construction of the project described in

bsection (a) of this section and before any modification ^is made to the schedule for delivery of water to the Everglades National Park under such subsection and before the restoration of such natu.ral flow. The Secretary is also au~horized to co'!'Struct necessary flood protection measures for prote~t~on of homes ^~n the area affected by

any modification of such del~very schedule or by the restoration of such natural flow.

In connection with the Department of the Interior, abandoned mine reclamation fund:

to provide for the acquisition of private homes and businesses and non-profit buildings occupied or utilized continously since Septem- ber 1, 1983, and the lands on which they are located, excluding all mineral interests, and the relocation of families and individuals re- siding in the Borough of Centralia and the Village of Byrnesville and on outlying properties who are threatened by the progressive

mouemertt of the mine fire currently burning in and around the Bor- ough of Centralia: Provided, That all acquisitions made by the

Commonwealth of Pennsylvania under the authority provided herein shall be at fair market value without regard to mine fire re-

lated damages as was properly done by OSM in its prior acquisi- tions of Centralia properties. These activities must comply with the

Uniform Relocation Assistance and Real Property Acquisition PoLi- cies Act of 1970, 42 U.S.C. 4601, et seq. but shall not constitute a

major action within the meaning of Section 1 02(2)(c) of the National Environmental Act of 1969, 42 U.S. C. 4332: Provided further, That

no funds may be used to pay for the actual construction costs of per- manent housing: Provided further, That the federal discretionary share shall not exceed 75 percent of the cost of such acquisition or

location.

CHANGES IN THE APPLICATION OF ExiSTING LAw

Pursuant to clause 3 of Rule XXI of the House of Representa- tives, the following statement is submitted describing the effect of provisions in the accompanying bill which may directly or indirect- ly change the application of existing law.

Language is included in the bill for various programs which re- quire additional legislation which to date has not yet been enacted.

Language is included in the bill under Veterans Job Training that limits the availability of a portion of the appropriation and targets those funds to veterans who have been unemployed for the longest period of time.

Language has been included in Chapter II providing funds for the Railroad Accounting Principles Board, pending the enactment of authorizil)g legislation.

Language has been included in Chapter III to allow the Corps of Engineers to restore a dredge vessel and transport it to New Or- leans to be operated in connection with an international exposition.

Language has also been included in Chapter III to enable the Secretary of the Army to conduct an experimental program for de-

livery of water to the Everglades National Park.

Language has been included in Chapter IV to provide for the acquisition of properties and the relocation of individuals threatened

by a mine fire.

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