H.R. 4567 (100th): Energy and Water Development Appropriations Act, 1989

100th Congress, 1987–1988. Text as of Jul 19, 1988 (Passed Congress/Enrolled Bill).

Status & Summary | PDF | Source: GPOStatutes at Large

PUBLIC LAW 100-371—JULY 19, 1988                                  102 STAT. 857
Public Law 100-371
100th Congress
                                   An Act
Making appropriations for energy and water development for the fiscal year ending    July 19, 1988
                   September 30, 1989, and for other purposes.                        [H.R. 4567]
  Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled. That the following                  Energy and
sums are appropriated, out of any money in the Treasury not                         Water
otherwise appropriated, for the fiscal year ending September 30,                    Development
                                                                                    Appropriations
1989, for energy and water development, and for other purposes,                     Act, 1989.
namely:
                                   TITLE I
                DEPARTMENT OF DEFENSE—CIVIL
                    DEPARTMENT OF THE ARMY
                       CORPS OP ENGINEERS—CIVIL
   The following appropriations shall be expended under the direc-
tion 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, mis-
cellaneous investigations, and when authorized by laws, surveys and
detailed studies and plans and specifications of projects prior to
construction, $142,405,000, to remain available until expended: Pro-
vided, That $300,000 of funds appropriated in this bill for section 22
planning assistance to the States shall be used to assist the State of
Nebraska in seeking solutions to water problems, including inves-
tigating and resolving problems of streambank erosion and environ-
mental concerns along the Platte and Missouri Rivers: Provided
further. That $100,000 of funds appropriated in this bill shall be used
by the Army Corps of Engineers to prepare plans and specifications
to complete preconstruction activities of the Platte River bank
stabilization demonstration project for a 46-mile reach of the Platte
River between Hershey, Nebraska, and the boundary between Lin-
coln and Dawson Counties, Nebraska: Provided further. That not to
exceed $20,500,000 shall be available for obligation or research and
development activities.
  The Secretary of the Army is directed to proceed expeditiously                    Reports.
with the study of the project authorized as a demonstration project
at Sunset Harbor, California, and submit his report to the Commit-
tee on Public Works and Transportation of the House of Representa-

102 STAT. 858 PUBLIC LAW 100-371—JULY 19, 1988 tives and the Committee on Environment and Public Works of the Senate. The Secretary of the Army is directed to complete the Arkansas River and Tributaries, South Central and Southeast Areas of Okla- homa, Comprehensive Study and the Oklahoma portion of the Red River Basin, Oklahoma, Arkansas, Louisiana, and Texas, Com- prehensive Study being conducted bv the Tulsa District by March 31, 1989, and to include in the final report data on the economic factors that affect the feasibility of each project, indicating on a sliding scale what levels of each economic factor could make each project feasible at a future date. The economic impact plans associ- ated with the above studies shall be conducted without the require- ment of meeting the completion date specified above. 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 participa- tion by States, local governments, or private groups) authorized or made eligible for selection by law (but such studies shall not con- stitute a commitment of the Government to construction), $1,066,735,000, of which such sums as are necessary pursuant to Public Law 99-662 shall be derived from the Inland Waterways Trust Fund, to remain available until expended: Provided, That no fully allocated funding policy shall apply and that all structural portions shall conform to the Standard Project Flood level with respect to the construction of Barbourville, Kentucky, and Harlan, Kentucky (Levisa/Tug Forks of Big Sandy River and Upper Cum- berland River, West Virginia, Virginia, and Kentucky): Provided further. That $500,000 of the total sum herein appropriated for the Big South Fork National River and Recreation Area, Kentucky and Tennessee, shall be allocated to the construction of infrastructure, including, but not limited to, road and sewer development, associ- ated with the Bear Creek, Kentucky, portion of the project, such funds to remain available until expended: Provided further. That $200,000 of the funds appropriated in this bill shall be to carry out the provisions of section 847(b) of Public Law 99-662: Provided further. That the Secretary of the Army acting through the Chief of Engineers is directed to use, immediately upon enactment of this Act $8,700,000 previously appropriated in Public Law 100-202, and $9,600,000 of the total sum appropriated for design, testing, and construction in fiscal year 1989 of juvenile fish passage facilities at the Little Goose, Lower Granite, McNary, Lower Monumental, Ice Harbor, and The Dalles projects on the (Columbia and Snake Rivers as directed in the report accompanying this Act; and in addition, $118,000,000, to remain available until expended, is hereby appro- priated for construction of the Red River Waterway, Mississippi River to Shreveport, Louisiana, project and for compliance with the directions given to the Secretary of the Army in the fiscal year 1988 Energy and Water Development Act, Public Law 100-202, regarding the construction of this project, and the Secretary is directed to continue the design of locks and dams 4 and 5 on the accelerated schedule in fiscal year 1989 in order to initiate the first phase of construction of locks and d£uns 4 and 5 by April 1990, and with funds provided in this title or previously appropriated to the Corps of
'^•f^tj::5??^'7!'4?', 1 PUBLIC LAW 100-371—JULY 19, 1988 102 STAT. 859 Engineers, the Secretary further is directed to fund previously awarded and directed construction contracts and to award continu- ing contracts in fiscal year 1989 for construction and completion of each of the following features of the Red River Waterway: in pool 3, Fausse Revetment Downstream Extension; and in pool 4, Westdcde Realignment, Hammell Revetment, Bull Revetment, and Williams Revetment Downstream Extension. None of these contracts are to be considered fully funded. FLOOD Ck)NTROL, MISSISSIPPI RIVER AND TRIBUTARIES, ARKANSAS, ILUNOIS, 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-l), $337,980,000, to remain available until ex- pended: 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 sigreeable to the District Engineer and the State Conservationist. OPERATION AND MAINTENANCE, GENERAL For expenses necessary for the preservation, operation, mainte- nance, 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; surveys and charting of northern £uid northwestern lakes and connecting waters; clearing and straightening channels; and removal of obstructions to naviga- tion, $1,370,714,000, to remedn available until expended, of which such sums as become available in the Harbor Maintenance Trust Fund, pursuant to Public Law 99-662, may be derived from that fund, and of which $15,000,000 shall be for construction, operation, and maintenance of outdoor recreation facilities, to be derived from the special account established by the Land and Water Conservation Act of 1965, as amended (16 U.S.C. 4601): Provided, That $200,000 of funds appropriated in this bill shall be used by the Army Corps of Engineers for operation and maintenance of existing structures and facilities of the Missouri National Recreation River, Nebraska and South Dakota: Provided further, That the Secretary of the Army, acting through the Chief of Engineers, shall allow an entity of the State of Oklahoma that is responsible for the development of the water and natural resources of the Arkansas River and Red River basins in southeast Oklahoma to operate and occupy, at no expense to such entity of the State, the Visitors C!enter at Crowder Point on Lake Eufaula, Oklahoma: Provided further. That the State of Okla- homa signs a cost sharing agreement for the construction of the Visitors Center according to the cost sharing provisions of Public Law 99-662: Provided further. That not to exceed $8,000,000 shall be available for obligation for national emergency preparedness pro- iQ_iQ/i n Qi D„_i.
102 STAT. 860 PUBLIC LAW 100-371—JULY 19, 1988 grams: Provided further. That of the funds appropriated under this heading, $500,000 shall be available only for providing low water access to Lake Koocanusa, Montana, as the Secretary of the Army determines is necessary to alleviate low water impact on existing access facilities at the Libby Dam Project administered by the Forest Service of the Department of Agriculture: Provided further, That funds unused for the project described in the preceding proviso shall be transferred to the Department of Agriculture for purposes of canying out maintenance and the Department's other responsibil- ities with respect to that project. GENERAL REGULATORY FUNCTIONS For expenses necessary for administration of laws pertaining to regulation of navigable waters and wetlands, $60,427,000, to remain available until expended. 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, $20,000,000, to remain available until expended. GENERAL EXPENSES For expenses necessary for general administration and related functions in the ofRce of the Qiief of Engineers and ofQces of the Division Engineers; activities of the Board of Engineers for Rivers and Harbors, the Coastal Engineering Research Board, the Engineer Automation Support Activity, and the Water Resources Support Center, $120,000,000, to remain available until expended. ADMINISTRATIVE PROVISIONS Appropriations in this title shall be available for expenses of attendance by military personnel at meetings in the manner au- thorized by section 4110 of title 5, United States Code, 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 illustra- tions, as documents of the next succeeding session of Congress; and during the current flscal year the revolving fund, Corps of Engi- neers, shall be available for purchase (not to exceed 200 for replace- ment only) and hire of passenger motor vehicles. TITLE n DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION For carrying out the functions of the Bureau of Reclamation as rovided in the Federal reclamation laws (Act of June 17, 1902, 32 Ptat. 388, and Acts amendatory thereof or supplementary thereto) and other Acts applicable to that Bureau as follows:
PUBLIC LAW 100-371—JULY 19, 1988 102 STAT. 861 For engineering and economic investigations of proposed Federal reclamation projects and studies of water conservation and develop- ment plans and activities preliminary to the reconstruction, re- habilitation and betterment, financial adjustment, or extension of existing projects, to remain available until expended, $14,250,000: 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: Provided further. That all costs of an advance planning study of a proposed project shall be considered to be construction costs and to be reimbursable in accordance with the allocation of construction costs if the project is authorized for construction: Provided further, That funds contributed by non- Federal entities for purposes similar to this appropriation shall be available for expenditure for the purposes for which contributed as though specifically appropriated for said purposes, and such amounts shall remain available until expended: Provided further. That $800,000 of funds herein appropriated shall be used for ad- vanced planning for the Prairie Bend Project, Nebraska: Provided further. That $175,000 of funds herein appropriated shall be for the South Platte Frenchman Valley Project study. CONSTRUCTION PROGRAM (INCLUDING TRANSFER OF FUNDS) 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 $712,305,000, of which $174,005,000 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 $180,389,000 shall be available for transfers to the Lower Colo- rado River Basin Development Fund authorized by section 403 of the Act of September 30, 1968 (43 U.S.C. 1543), and such amounts as may be necessary shall be considered as though advanced to the Colorado River Dam Fund for the Boulder Canyon Project as au- thorized by the Act of December 21, 1928, as amended: 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 under this heading: Provided further. That funds contributed by non-Federal entities for purposes similar to this appropriation shall be avsiilable for expenditure for the purposes for which contributed as though specifically appropriated for said pur- poses, and such funds shall remain available until expended: Pro- vided further. That the final point of discharge for the interceptor drsiin for the San Luis Unit shall not be determined until develop- ment by the Secretary of the Interior and the State of California of a glan, which shall conform with the water quality standards of the tate of California as approved by the Administrator of the Environ- ment£tl 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 oper-
102 STAT. 862 PUBLIC LAW 100-371—JULY 19, 1988 ation of facilities to prevent waters of Lake Powell from entering any national monument: Provided further. That of the emiount herein appropriated, such amounts as may be necessary shall be available to enable the Secretary of the Interior to continue work on rehabilitating the Velarde Community Ditch Project, New Mexico, in accordance with the Federal Reclamation Laws (Act of Jime 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto) for the purposes of diverting and conve5ring water to irri- gated project lands. The cost of the rehabilitation will be nonreimbursable £md constructed features will be turned over to the appropriate entity for operation and maintenance: Provided further^ That the funds contained in this Act for the Garrison Diversion Unit, North Deikota, shall be expended only in accordance with the provisions of the Garrison Diversion Unit Reformulation Act of 1986 (Public Law 99-294): Provided further. That none of the funds appropriated in this Act shall be used to study or construct the Cliff Dam feature of the Central Arizona Project: Provided further. That Plan 6 features of the Central Arizona Project other than Cliff Dam, including (1) water rights and associated lands within the State of Arizona acquired by the Secretary of the Interior through purchase, lease, or exchange, for municipal and industrial purposes, not to exceed 30,000 acre feet; and, (2) such increments of flood control that may be found to be feasible by the Secretary of the Interior at Horseshoe and Bartlett Dams, in consultation and cooperation with the Secretary of the Army and using Corps of Engineers evaluation criteria, developed in conjunction with dam safety modifications and consistent with applicable environmental law, are hereby deemed to constitute a suitable cdtemative to Orme Dam within the meaning of the Colorado River Basin Project Act (82 Stat. 885; 43 U.S.C. 1501 et seq.): Provided further. That notwithstanding the provisions of the Garrison Diversion Unit Reformulation Act of 1986 (Public Law 99- 294), the James River Comprehensive Report on water resource development proposals may be submitted to Congress at a date after September 30,1988, but not later than September 30,1989: Provided further. That of the amount appropriated herein, $10,000,000 shall be available for right of way acquisition and construction of the Davis Creek Dam, North Loup Division, Nebraska (authorized by Public Law 92-514), and for preconstruction work on related facili- ties such as the Fullerton and Elbe canals and laterals and the Kent Diversion Dam, together with $1,000,000 appropriated in Public Law 100-202 but not allocated for the Davis Creek Dam, which shall be in addition to the amoimt requested by the Secretary of the Interior for continuing work on the North Loup Division, which funds shall remain available until expended, together with funds heretofore or hereafter appropriated, and with which the Secretary of the Interior is directed to award contracts for construction and completion of the Davis Creek Dam and related facilities: Provided further. That $2,000,000 of funds appropriated in this bill shall be available for reconstruction £uid rehabilitation of failing dikes of the Glendo Reservoir, North Platte Project, Nebraska and Wyoming, to restore area flood protection.
PUBLIC LAW 100-371—JULY 19, 1988 102 STAT. 863 OPERATION AND MAINTENANCK (INCLUDING TRANSFER OF FUNDS) 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 1 ^ Bureau of Reclamation, pursuant to law, to remain available until expended, $187,731,000: Pmvided, That of the total appro- priated, the amount for program activities which can be financed by the reclamation fund uiaU be derived from that fund: Provided further. That of the total appropriated, such amounts as may be 43 USC 6l8d required for replacement work on the Boulder Canyon Project which i^ote. would require readvances to the Colorado River Dam Fund shall be rt^vanced to the Colorado River Dam Fund pursuant to section 5 of the Boulder Canyon Project A4justment Act of July 19, 1940 (43 U^.C. 618d), and such readvances since October 1,1984, and in the fiiture shall bear interest at the rate determined pursuant to section 104(aX5) of PubUc Law 98-381: Provided further. That funds ad- vanced by water users for cnieration and maintenance of reclama- tion projects or parts thereof shall be deposited to the credit of this appropriation and may be expended for tiie same objects and in the same manner as sums appropriated herein may be expended, and such advances shall remain available until ei^nded: Provided fur- ther. That revenues in the Upper Colorado River Basin Fund shall be available for performing examination of existing structures on participating projects of the Colorado River Storage Project, the costs of which shall be nonreimbursable: Provided further. That none of the funds appropriated in this Act shall be used to execute new long-term contracts for wat«* supply fix>m the Central Valley project, California, prior to May 1,1989. LOANPROGRAM For loans to irrigation districts and other public agencies for construction of distribution systems on authorized Federal reclama- tion 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-4221), including eicpenses necessary for canying out tiie program, $26,022,000, to remain available until expended: Provided, That of the total sums appropriated, the amount of program activi- ties which can be financed by the reclamation fund shall be derived from that fund: Provided further. That during fiscal year 1989 and within the resources and authority available, gross obligations for the princmal amount of direct loans shall not exceed $27,766,000: Provided further. That any contract under the Act of July 4,1955 (69 Stat. 244), as amended, not yet executed by the Secretaiy, 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 office of the Commissioner, the Denver office, and
102 STAT. 864 PUBLIC LAW 100-371—JULY 19, 1988 offices in the five r^ons of the Bureau of Reclamation, $48,313,000, of which $1,639,000 shall remain available until expended, the total amount to be derived from the reclamation fimd 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 avail£d>le 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 au- thorized 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 fimd. WORKING CAPITAL FUND For acquisition of computer capacity for the Administrative Sjrs- tems Modernization project, $4,()()0,000, to remain available until expended, as authorized in section 1472 of title 43, United States Code (99 Stat 571). SPECIAL FUNDS (TRANSFER OF FUNDS) Sums herein referred to as being derived from the reclamation fund are appropriated from tiie special funds in the Treasury cre- ated by the Act of June 17,1902 (43 U.S.C. 391). Such sums shall be transferred, upon request of the Secretary, to be meiged with and expended under the heads herein specified; and the unexpended balances of sums transferred for expenditure under the head "(jen- eral Administrative Expenses" shall revert and be credited to the reclamation fund. ADMINISTRATIVE PROVISIONS Appropriations for the Bureau of Reclamation shall be available for purchase of not to exceed 26 passenger motor vehicles for replacement only; 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 n^otiations and administration of interstate compacts without reimbursement or return under the reclamation laws; for service as authorized by section 3109 of title 5, United States Code, 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 fimctions specified under the head "Operation and Maintenance Administration", Bureau of Reclamation, in the Interior Depart- ment Appropriations Act 1945; preparation and dissemination of useful information including reconhngs, photographs, and photo- graphic prints; and studies of recreational uses of reservoir areas, and investigation and recovery of archeolog^cal and paleontological remains in such areas in the same manner as provided for in the Acts of August 21, 1935 (16 U.S.C. 461-467) and June 27, 1960 (16 U.S.C. 469): Pmvided, That no part of any appropriation made
PUBLIC LAW 100-371—JULY 19, 1988 102 STAT. 865 herein shall be available pursuant to the Act of April 19, 1945 (43 UJS.C. 377), for expenses other than those incurred on behalf of roedfic reclamation projects except "General Administrative Expenses", amounts provided for plan formulation and advance planning investigations under the head "General Investigations", and amounts provided for applied engineering under tne head "Construction Program". Sums appropriated herein which are expended in the performance of reimburaable 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, r^ardless of when such amounts are to be paid: Provided, That the incurring of any obligation rohibited by this paragraph shall be deemed a violation of section S 679 of the Revised Statutes, as amended (31 U.S.C. 1341). No funds appropriated to the Bureau of Reclamation for operation 43 use 377a. 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 ¥rater users' organization, or (c) of any individual when such district, oiganization, 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. None of the funds made available l^ this or any other Act shall be used by the Bureau of Reclamation for contracts for surveying and mapping services unless such contracts for which a solicitation is issued siter the date of this Act are awarded in accordance with title IX of the Federal Property and Administrative Service Act of 1949 (40UJS.C.541etseq.). GENERAL PROVISIONS DEPARTMENT OF THE INTERIOR SEC. 201. Appropriations in this title shall be available for exp^iditure or transfer (within each bureau or office), with the approval of the Secretaiy, for the emeigen<^ reconstruction, replacement, or repair of aircraft, buildings, utilities or other facili- ties or equipment damaged or destr^^ by fire, flood, storm, or other unavoidable causes: Provided, That no funds shall be niade available under this authority until funds specifically made avail- able to the Department of the Interior for emexgenaes shall have been exhausted. SEC. 202. The Secretary may authorize the expenditure or transfer (within each bureau or office) of any appropriation in this title, in addition to the amounts included in u e budget programs of the several agencies, for the suppression or emeigency prevention of forest or range fires on or tiureatening lands under jurisdiction of the Department of the Interior. Ssa 203. Appropriations in this title shall be available for oper- ation 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 suctivity in the same manner as authorized by the Act of
102 STAT. 866 PUBLIC LAW 100-371—JULY 19, 1988 June 30, 1932 (31 U.S.C. 1535 and 1536): Provided, That reimburse- ments for costs of supplies, materials, equipment, and for 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 r^ulations approved by the Secretary; and the payment of dues, when au- thorized 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. Of the appropriations for the Central Utah project, in this or any other Act, not more than $17,000,000 of the total in any one fiscal year may be expended by the Secretary for all administra- tive expenses; except that this provision shall only become ap- plicable after l^islation to raise the authorization ceiling for the Colorado River Storage Project Act is approved by the Coi^ress and signed by the President, otherwise the existing administrative ex- pense limitation shall remain in effect: Provided, That the Inspector General of the Department of the Interior shall annually audit expenditures by the Bureau of Reclamation to determine compli- ance with this section: Provided further. That none of the Bureau of Reclamation's appropriations shall be used to fund the audit: Pro- vided further. Thai the Bureau of Reclamation shall not delay or stop construction of the project due to this limitation and shall apply all the remaining appropriations to completion of this project, unless continuation of work on the Central Utah project would cause administrative expenses attributable to the Central Utah project to be paid from funds available for other Bureau of Reclama- tion projects and thereby delay their construction. TITLE i n DEPARTMENT OF ENERGY ENERGY SUPPLY, RESEARCH AND DEVELOPBIENT 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 energy supply, research and development activities, and other activities in carrying out the purposes of the Department of Energy Organiza- tion Act (Public Law 95-91), including the acquisition or condemna- tion 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), $2,142,326,000, to Reports. remain available until expended: Provided, That within 180 days after the date of enactment of this Act, the Secretary of Energy shall provide the Conmiittee on Appropriations of the Senate and House of Representatives and the Energy and Natural Resources Committee of the Senate and the Science, Space, and Technology Committee of the House of Representatives a report which contains a program for the long-term utilization of the Fast Flux Test Facility at the Hanford, Washington site.
f-sfeiji PUBLIC LAW 100-371—JULY 19, 1988 102 STAT. 867 URANIUM SUPPLY AND ENRICHMENT AcnvrriES 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 fadHly or for plant or facility acquisition, construction, or expansion; purchase of passenger motor vehicles (not to exceed 21 for replacement only), $1,133,080,000, to remain available until expended: Provided, That revenues received by the Department for the enrichment of uranium and estimated to total $1,276,000,000 in fiscal year 1989, 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 33020)) of section 484, of title 31, United States 0)de: Prx>- vided further. That the sum herein appropriated shall be reduced as uranium enrichment revenues are received during fiscal year 1989 so as to result in a final fiscal year 1989 appropriation estimated at not more than $0. GENERAL SCIENCE AND RESEARCH AcnvmES 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), includ- ing the acquisition or condemnation of any real property or facility or for plant or facility acquisition, construction, or expansion; pur- chase of passenger motor vehicles (not to exceed 10, of which 5 are for replacement only and one is a police-type vehicle), and one replacement fixedwing aircraft to be acquired pursuant to the Fed- eral Property and Administrative Services Act of 1949, as amended, $922,116,000, to remain available until expended. NUCLEAR WASTE DISPOSAL FUND For nuclear waste disposal activities to carry out the purposes of Public Law 97-425, as amended, including the acquisition of real property or facility construction or expansion, $369,832,000, to remain available until expended, to be derived from the Nuclear Waste Fund. To the extent that balances in the fund are not sufiicient to cover amounts availsible for obligation in the account, the Secretary shall exercise his authority pursuant to section 302(eX5) to issue obligations to the Secretary of the Treasury: Pro- vided, That any proceeds resulting fi-om the sale of assets purchased fi:t>m the Nuclear Waste Fund shall be returned to the Nuclear Waste Fund: Provided further. That of the amount herein appro- priated not to exceed $11,000,000, at an annualized rate, may be provided to the State of Nevada for the period July 1,1988 through June 30,1989, for the conduct of its oversight responsibilities pursu- ant to the Nuclear Waste Policy Act of 1982, Public Law 97-425, as amended, of which not more than $1,500,000 may be expended for socioeconomic studies and not more than $1,5()0,000 may be ex-
102 STAT. 868 PUBLIC LAW 100-371—JULY 19, 1988 pended on transportation studies: Provided further. That not more than $5,000,000, at an annualized rate, may be provided to affected local governments, as defined in the Act, to conduct appropriate activities pursuant to the Act: Provided further, That none of the funds herein appropriated may be used directly or indirectly to influence l^islative action on any matter pending before Congress or a State legislature or for any lobbying activity as provided in 18 U.S.C. 1913. ATOMIC ENERGY DEFENSE ACTIVITIES For expenses of the Department of Energy activities, $8,100,000,000, to remain available untU expended, including the purchase, construction and acquisition of plant and capital equip- ment and other expenses incidental thereto necessary for atomic energy defense activities in carrying out the purposes of the Depart- ment of Energy Organization Act public Law 95-91), including the acquisition or condenmation of any real property or any facility or for plant or facility acquisition, construction, or expansion; purchase of passenger motor vehicles (not to exceed 248, of which 247 are for Reports. replacement only including 6 police-type vehicles): Provided, That no funds appropriated for operating expenses or construction for new production reactor capacity may be obligated until 30 days after the Secretary of Eneigy has presented to Congress the acquisition strat^y report for new production reactor capacity, as required by the Energy and Water Appropriations Act for Fiscal Year 1988— Public Law 100-202, and has certified, with appropriate docimienta- tion, that the preferred technology, design and site selected for new production reactor capacity, best s a t i r e s the considerations re- quired under Public Law 100-202. 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) $403,665,000, to 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 $240,725,000 in fiscal year 1989 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, notwitlistanding the provisions of section 3302 of title 31, United States Code: Provided further. That the sum herein appropriated shall be reduced by the amount of miscellane- ous revenues received during fiscal year 1989 so as to result in a final fiscal year 1989 appropriation estimated at not more than $162,940,000.
PUBLIC LAW 100-371—JULY 19, 1988 102 STAT. 869 POWER MARKETING ADMINISTRATIONS OPERATION A N D MAINTENANCE, ALASKA POWER AoBiaNiSTRATiON For necessary expenses of operation and maintenance of projects in Alaska and of marketing electric power and energy, $3,159,000, to remain available until expended. BONNEVILLE POVI^ER ADMINISTRATION FUND Elxpenditures 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. During fiscal year 1989, no new direct loan obligations may be made. Without fiscal year limitation, the Bonneville Power Administra- 16 USC 838i tion continues to be authorized to incur obligations for authorized "(>^^ purposes and may do so in excess of borrowing authority and cash in the Bonneville Power Administration Fund. 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 appUed to the southeastern power area, $36,267,000, 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, sub- stations and appurtenant facUities, 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 appUed to the southwestern power area, $15,389,000, to remain available until expended; in addition, notwithstanding the provisions of 31 U.S.C. 3302, not to exceed $4,411,000 in coUections from the Department of Defense firom power purchases, not to exceed $2,430,0()0 in collec- tions from various OUahoma companies from power purchases, and not to exceed $1,000,000 in collections from non-Federal entities for construction projects in fiscal year 1989, to remain available until expended. CONSTRUCTION, REHABILITATION, OPERATION AND MAINTENANCE, WESTERN AREA POWER ADMINISTRATION (INCLUDING T R A N S F E R OF FUNDS) For carrying out the functions authorized by title in, section 302(aXlXE) of the Act of August 4, 1977 (PubUc Law 95-91), and other related activities including conservation and renewable re- sources programs as authorized, including official reception and representation expenses in an amoimt not to exceed $1,500, the
102 STAT. 870 PUBLIC LAW 100-371—JULY 19, 1988 purchase of passenger motor vehicles (not to exceed 5 for replace- ment only), $270,928,000, to remain available until expended, of which $250,142,000, shall be derived from the Department of the Interior Reclamation fund; in addition, the Secretary of the Treas- ury is authorized to transfer from the Colorado River Dam Fund to the Western Area Power Administration $2,485,000, to carry out the power marketing and transmission activities of the Boulder Canyon project as provided in section 104(aX4) of the Hoover Power Plant Act of 1984, to remain available until expended: Pmvided, That, concurrent with the enactment of Public Law 99-360, purchase, operation, and maintenance of 1 replacement helicopter is au- thorized fix>m the Colorado River Basins Power Marketing Fund. FEDKRAL ENEBGT REGULATORY COBIMISSION SALARIES AND EXPENSES For necessary expenses of the Federal Enei^gy R^ulatory Commission to carry out the provisions of the Department of Energy Organization Act (Public L^w 95-91), including services as au- thorized by 5 U.S.C. 3109, including the hire of passenger motor vehicles; official reception and representation expenses (not to exceed $2,000); $108,760,000, of which $5,000,000 shall remam avail- able until expended and be available only for contractual activities: 42 use 7171 Provided, That hereafter and notwithstanding any other provision "o*^® of law, not to exceed $108,760,000 of revenues from licensing fees, inspection services, and other services and collections in fiscal year 1989, may be retained and used for necessary expenses in this account, and may remain available until expended: Provided fur- ther. That the sum herein appropriated shall be reduced as revenues are received during fiscal year 1989, so as to result in a final fiscal year 1989 appropriation estimated at not more than $0. GEOTHERMAL RESOURCES DEVELOPMENT FUND For carrying out the Loan Guarantee and Interest Assistance Program as authorized by the Geothermal Energy Research, Devel- opment and Demonstration Act of 1974, as amended, $75,000, 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 aggre- gate of $500,000,000. GENERAL PROVISIONS—DEPARTMENT OF ENERGY SEC. 301. Appropriations for the Department of Energy under this title for the current fiscal year shall be available for hire of pas- senger 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 work for which this appropriation is made. None of the funds made available to the Department of Eneigy 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 Gifts and appropriation Act. The Secretary is authorized to accept lands, property.
PUBLIC LAW 100-371—JULY 19, 1988 102 STAT. 871 buildings, equipment, and other contributions from public and pri- vate sources and to prosecute projects in cooperation with other agencies, Fedei^l, State, private, or foreign. (TRANSFERS OF UNEXPENDED BALANCES) SEC. 302. Not to exceed 5 per centum of any appropriation 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 pro- vided, shall be increased or decreased by more than 5 per centum by any such transfers, and an^ such proposed transfers shall be submit- ted promptly to the (Committees on Appropriations of the House and Senate. SEC. 303. The unexpended balances of prior appropriations pro- vided for activities in this Act may be tnmsferred to appropriation accounts for such activities established pursuant to this title. Bal- ances 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. No funds appropriated or made available under this or any other Act shall be used by the executive branch for studies, reviews, to solicit proposals, to consider unsolicited proposals, under- take any initiatives or draft any proposals to transrer out of Federal ownership, management or control in whole or in part, the facilities, assets, and fundions of the uranium supply and enrichment program, including inventories, until such activities have been specifically authorized in accordance with terms and conditions established by an Act of Congress hereafter enacted: Provided, That this provision shall not apply to the authority granted to the Department of Energy under section 161g of the Atomic Energy Act of 1954, as amended, under which it may sell, lease, grant, and dispose of property in furtherance of Atomic Energy Act activities or to the authority of the Administrator of the General Services Administration pursuant to the Federal Property and Administra- tive Service Act of 1944 to sell or otherwise dispose of surplus property. SEC. 305. (a) During fiscal year 1989, the Department of Energy, in State and local the case of any State with unemployment in excess of 10 percent as governments. determined by the Bureau of Labor Statistics, shall give priority in approving plans for the use of funds available to such State under the Agreement approved on July 7, 1986 In Re: The Department of Energy Stripper Well Exemption Litigation, M.D.L. No. 378. (b) Any plan described in subsection (a) submitted in fiscal year 1989 shall be deemed approved by the Department of Energy if the Department fails to act on the plan within 45 calendar days after such submittal and if the Governor or a designated State official certifies in writing that the use of such funds provided in such plan is consistent with the applicable terms of such Agreement. (c) It is the intent of Congress that the purpose of this provision is to help such States gain prompt approval of such plans for the purposes proposed by such States so long as such plans are consist- ent with tiie terms and conditions of such Agreement. TITLE IV J, INDEPENDENT AGENCIES APPALACHIAN REGIONAL COMMISSION (INCLUDING T R A N S F E R OF FUNDS) For expenses necessary to carry out the programs authorized bv 40 use app. 40i the Appalachian Regional Development Act of 1965, as amended, note.
102 STAT. 872 PUBLIC LAW 100-371—JULY 19, 1988 notwithstanding section 405 of said Act, except expenses authorized by section 105 of said Act, including services as authorized by section 3109 of title 5, United States Code, and hire of passenger motor vehicles, and for necessary expenses for the Federal Cochairman and the alternate on the Appalachian R ^ o n a l Commission and for payment of the Federal share of the administrative expenses of the Commission, including services as authorized by section 3109 of title 5, United States Code, and hire of passenger motor vehicles, to remain available until expended, $110,700,000. Amounts previously made available for Appalachian Regional Development programs shall be transferred to and made part of this appropriation. DELAWAKE 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 au- thorized by law (75 Stat. 716), $205,000. 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), $263,000. 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), $379,000. 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 emplojrment of aliens; services authorized by section 3109 of title 5, United States Code; publication and dissemination of atomic information; pur- chase, repair, and cleaning of uniforms, official representation ^cpenses (not to exceed $20,000); reimbursements to the Cjeneral Services Administration for security guard services; hire of pas- senger motor vehicles and aircraft, $420,000,000, 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
PUBLIC LAW 100-371—JULY 19, 1988 102 STAT. 873 received by the Ck>mmis8ion for the cooperative nuclear safety re- search program, services rendered to foreign governments and inter- nationtd organizations, and the material and information access authorization programs including criminal history checks under section 149 of u e Atomic Ehiergy Act, as amended, may be retained and used for salaries and expenses associated with those activities, notwithstanding the provisions of section 3302 of title 31, United States Code, and shsdl remain available untU expended: Provided further. That revenues from licendng fees, inspection services, and other services and collections estimated at $189,000,000 in fiscal year 1989 shall be retained and used for necessary salaries and expenses in this account, notwithstanding the provisions of section 3302 of title 31, United States Code, and shall remain available until expended: Provided further. That the sum herein appropriated shall be reduced by the amount of revenues received during fiscal year 1989 from licensing fees, inspection services and other services and collections, exdudmg those moneys received for the cooperative nuclear safety res^irch program, services rendered to foreign governments and international organizations, and the material and information access authorization programs, so as to result in a final fiscal year 1989 appropriation estimated at not more than $231,000,000. SUSQUEHANNA RIVER BASIN COMMISSION SALABIES AND EXPENSES For expenses necessaiy to carry out the functions of the United States member of the Susquehanna River Basin Commission as authorized by law (84 Stat. 1541), $192,000. 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), $262,000. TENNESSEE VALLEY AUTHORITY TENNESSEE VALLEY AuTHORrnr 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 vehides, and for entering into contracts and making payments under section 11 of the Na- tional Trails System Act, as amended, $103,000,000, to remain avail- able until ^cpended: Provided, That this appropriation and other 16 use 83lb moneys available to the Tennessee Valley Authority may be used note. hereafter for payment of the allowances authorized by section 5948 of title 5, United States Code: Provided further. That the ofticial of the Tennessee Valley Autliority referred to as the "inspector gen- eral of the Tennessee Valley Authority'' is authorized, during the fiscal year aiding September 30, 1989, to require by subpoena the production of all information, documents, reports, answers, records, accounts, papers, and other data and other documentary evidence necessary in the performance of the audit and investigation func- tions of that offioal, which subpoena, in the case of contumacy or
102 STAT. 874 PUBLIC LAW 100-371—JULY 19, 1988 refusal to obey, shall be enforceable by order of any appropriate United States district court: Provided further. That procedures other than subpoenas shall be used by the inspector general to obtain documents and evidence from Federal agencies. 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 r^u- latory or acHudicatory proceedings funded in this Act. SEC. 503. None of the programs, projects or activities as defined in the report accompanying this Act, may be eliminated or dispropor- tionately reduced due to the application of "Savings and Slippage", "general reduction", or the provision of Public Law 99-177 or Public Law 100-119. Contracts. SEC. 504. The expenditure of any appropriation under this Act for Public any consulting service through procurement contract, pursuant to information. section 3109 of title 5, United States Code, shaU 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 pursu- ant to existing law. 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 tiie funds made available under thu 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 noncost-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. SEC. 507. None of the funds appropriated in this Act for Power Marketing Administrations or the Tennessee Valley Authority, and none of the funds authorized to be expended by this or any previous Act from the Bonneville Power Administration Fund or the Ten- nessee Valley Authority Fund, may be used to pay tlie costs of procuring extra high voltage (EHV) power equipment unless con- tract awards are made for EHV equipment manufactured in the United States when such agencies determine that there are one or more manufacturers of domestic end product offering a product that meets the technical requirements of such agencies at a price not exceeding 130 per centum of the bid or offering price of the most competitive foreign bidder: Provided, That such agencies shall deter- mine the incremental costs associated with implementing this sec- tion and defer or offset such incremental costs against otherwise existing repayment obligations: Provided further. That this section shall not apply to any procurement initiated prior to October 1, 1985, or to tiie acquisition of spare parts or accessory equipment necessary for the efficient operation and maintenance of existing equipment and available only from the manufacturer of the original equipment: Provided further. That this section shall not apply to
PUBLIC LAW 100-371—JULY 19,1988 102 STAT. 875 procurement of domestic end product as defined in 48 C.F.R. sec. 25.101: Provided fiirther. That this section shall not apply to EHV power equipment produced or manufactured in a country whose government has completed n^otiations with the United States to extend the GATT Government Procurement Code, or a bilateral equivalent, to EIHV power equipment, or which otherwise offers fair competitive opportunities in public procurements to United States manufacturers of such equipment. UfPLEMENTATION OF BUT AMERICAN ACT WITH RESPECT TO CERTAIN WATER RESOURCE PROJECTS SEC. 508. (a) GENERAL RULE.—^For purposes of title HI of the Act of 41 use lOa note. March 3,1933 (47 Stat. 1520; 41 U-S.C. lOa-lOc), commonly known as the Buy American Act, a cofferdam or any other temporary struc- ture to be constructed by the Secretary of tiie Army, acting through the Chief of Engineers, shall be treated in the same maimer as a permanent dam constructed by the Secretary of the Army. 01>) APPUCABUJTT.—Subsection (a) shall only apply to contracts Contracts. entered into after the date of the enactment of this Act. SEC. 509. Such sums as may be necessary for fiscal year 1989 pay raises for programs funded by this Act shsdl be absorbed within the levels appropriated in this Act. This Act may be cited as the "Eneigy and Water Development Appropriations Act, 1989". Approved July 19, 1988. LEGISLATIVE HISTORY—H.R. 4567: HOUSE REPORTS: No. 100-618 (Comm. on Appropriations) and No. 100-724 (Comm. of Conference). SENATE REPORTS: No. 100-381 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 134 (1988): May 17, considered and passed House. June 14, 15, considered and passed Senate, amended. June 30, House agreed to conference report; receded and concurred in certain Senate amendments, in others with amendments. July 6, Senate concurred in House amendments. July 7, Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 24 (1988): July 19, Presidential statement.