Energy and Water Development Appropriations Act, 1990
PL 101-101 (H.R.2696), enacted 09/29/1989

PUBLIC LAW 101-101—SEPT. 29, 1989 
103 STAT. 641 
Public Law 101-101 
101st Congress 
An Act 
Making appropriations for energy and water development for the fiscal year ending 
September 30, 1990, 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 
sums are appropriated, out of any money in the Treasury not 
otherwise appropriated, for the fiscal year ending September 30, 
1990, for energy and water development, and for other purposes, 
namely: 
TITLE I 
DEPARTMENT 
OF 
DEFENSE—CIVIL 
DEPARTMENT 
OF 
THE 
ARMY 
CORPS OF ENGINEERS—CIVIL 
The following appropriations shall be expended under the 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 gmd 
detailed studies and plans and specifications of projects prior to 
construction, $131,086,000, to remain available until expended: Pro-
vided, That with funds herein appropriated the Secretary of the 
Army, acting through the Chief of Engineers, is directed to under-
take the following items under Greneral Investigations in fiscal year 
1990 in the amounts specified: 
Rillito River, Arizona, $350,000; 
Antelope Creek, Lincoln, Nebraska, $100,000; 
Elm Creek, Nebraska, $75,000; 
Jeffersonville, Indiana, $125,000; 
Red River Waterway, Shreveport, LouisiEina, to Dangerfield, 
Texas, $750,000; 
Sainte Genevieve, Missouri, $50,000; 
Missouri River Fish and Wildlife Mitigat' m, Iowa, Nebraska, 
Kansas, and Missouri, $300,000; 
Lake George, Hobart, Indiana, $100,000: 
Provided further. That not to exceed $25,500,000 shall be available 
for obligation for research and development activities: Provided 
further. That $50,000 of the funds herein appropriated shall be used 
by the Secretary of the Army, acting through the Chief of Engineers, 
Sept. 29, 1989 
[H.R. 2696] 
Energy and 
Water 
Development 
Appropriations 
Act, 1990. 
103 STAT. 642 
PUBLIC LAW 101-101—SEPT. 29, 1989 
to initiate and complete a reconnaissance phase study of roadway 
access problems at Fishtrap Lake, Kentucky, and the purchase of 
property from willing sellers and relocation of owners of property so 
purchased: Provided further. That with funds appropriated in the 
Energy and Water Development Appropriations Act, 1989, Public 
Law 100-371, the Secretary of the Army, acting through the Chief of 
Engineers, is directed to initiate preconstruction engineering and 
design for construction of a bridge at Floyd's Fork, on Routt Road at 
Taylorsville Lake, Kentucky: Provided further. That the Secretary 
of the Army, acting through the Chief of Engineers, is directed to 
use, immediately upon enactment of this Act, $125,000 of the funds 
appropriated herein to accomplish detailed planning of the Wabash 
Valley Scenic Corridor at Lafayette, Indiana, under the authorized 
Wabash River Basin Comprehensive Study: Provided further. That 
33 use 988 note, within available funds, the Secretary of the Army, acting through 
the Chief of Engineers, is directed to initiate and complete a recon-
naissance study for the Saint Lawrence Seaway and Great Lakes-
Financing Navigational Improvements Study, as authorized in sec-
tion 47(d) of Public Law 100-676, in accordance with the cost sharing 
provisions of Public Law 99-662: Provided further, That $150,000 of 
the funds herein appropriated for the Eastern North Carolina above 
Cape Lookout, North Carolina, study, shall be used by the Secretaiy 
of the Army, acting through the Chief of Engineers, to conduct basic 
hydrologic, water quality, and land use studies of the Albemarle and 
Pamlico Sounds in support of the Albemarle-Pamlico Estuarine 
study under the National Estuarine Study Program: Provided fur-
ther, That the Secretary of the Army, acting through the Chief of 
Engineers, using $100,000 of the funds herein appropriated, is di-
rected to complete preconstruction engineering and design nec-
essary to prepare the Big and Little Sallisaw Creeks, Oklahoma, 
project, authorized by the Water Resources Development Act of 
1976, for construction: Provided further. That with funds appro-
priated in the Energy and Water Development Appropriations Act, 
1989, Public Law 100-371, the Secretary of the Army, acting through 
the Chief of Engineers, is directed to initiate and complete a study to 
determine the feasibility of the Winton Woods, Mill Creek Lake, 
Ohio, project under authority of section 1135 of the Water Resources 
Development Act of 1986: Provided fuHher, That $90,000 of the 
funds herein appropriated shall be used by the Army Corps of 
Engineers to complete a comprehensive reconnaissance study of 
coastal erosion controls for the Portuguese Bend landslide in the 
immediate, urban Los Angeles, California, area: Provided 
further. 
That the Secretary of the Army, acting through the Chief of Engi-
neers, is directed to utilize funds previously appropriated under the 
Flood Control, Mississippi River and Tributaries account to prepare 
the most cost effective plan to provide the authorized level of 
protection for flood damage reduction for the entire city of West 
Memphis, Arkansas, and vicinity, without regard to frequency of 
flooding, drainage area, and amount of runoff: Provided 
further. 
That the Secretary of the Army, acting through the Chief of Engi-
neers, is directed to utilize previously appropriated funds together 
with funds appropriated herein to complete in fiscal year 1990 the 
engineering and design on the Port Sutton Channel, Tampa Harbor, 
Florida, project: Provided further. That the Secretary of the Army, 
acting through the Chief of Engineers, is directed to use $500,000 of 
the funds appropriated herein for preconstruction engineering and 
design of structures to restore the riverbed gradient in the vicinity 
PUBLIC LAW 101-101—SEPT. 29, 1989 
103 STAT. 643 
of Mile 206 of the Sacramento River, California, in accordance with 
the plan contained in a Final Feasibility Report, dated 1989, by the 
Glenn Colusa Irrigation District and the California Department of 
Fish and Game, on Fish Protection and Gradient Control Facilities: 
Provided further. That the Secretary of the Army, acting through 
the Chief of Engineers, is directed to use $250,000 of the funds 
appropriated under this heading for a comprehensive reconnais-
sance study to determine what improvements in the interest of 
water quality and environmental enhancement are advisable for 
Ononds^a LaJke, New York. 
CONSTRUCTION, GENERAL 
For the prosecution of river and harbor, flood control, shore 
protection, alteration and removal of obstructive bridges, and re-
lated 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 0)ut such studies shall not constitute a commitment 
of the Government to construction), $997,400,000, 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 with funds herein appropriated the 
Secretan^ of the Army, acting through the Chief of Engineers, is 
directed to undertake the following projects in fiscal year 1990 in 
the amounts specified: 
Beaver Lake, Arkansas (Water Quality Enhancement), 
$1,100,000; 
Red River Emergency Bank Protection, Arkansas and Louisi-
ana, $2,000,000; 
Manatee County, Florida, $5,000,000; 
Maalaea Small Boat Harbor, Hawaii, $600,000; 
Little Calumet River, Indiana, $2,400,000; 
Ouachita River Levees, including Bawcomville Levee, Louisi-
ana, $400,000; 
Westwego to Harvey Canal, Louisiana, Hurricane Protection, 
$1,100,000; 
Atlantic Coast of Maryland, Maryland, $8,200,000; 
Cape Girardeau-Jackson, IV^ssouri, $500,000; 
Missouri National Recreation lUver, Nebraska and South 
Dakota, $620,000; 
Papillion Creek and Tributaries, Nebraska, $2,500,000; 
Great Egg Harbor Inlet and Peck Beach, New Jersey, 
$250,000; 
Shinnecock Inlet, New York, $5,300,000; 
Roanoke River Upper Basin, Virginia, $200,000; 
^ 
Kissimmee River, Florida, $4,000,000; 
Sarasota County, Florida, $2,000,000; 
Roseau River (Duxby Levee)^ Minnesota, $200,000; 
Trimble Wildlife Area, Smithville Lake, Little Platte River, 
Missouri, $1,570,000; 
Acequias Irrigation System, New Mexico, $2,000,000; 
Grays Harbor, Washington, $13,000,000; 
Small Boat Harbor, Buffalo Harbor, New York, $1,000,000: 
Provided further. That notwithstanding section 902 of the Water 
Resources Development Act of 1986, the Secretary of the Army, 
103 STAT. 644 
PUBLIC LAW 101-101—SEPT. 29, 1989 
. acting through the Chief of Engineers, is directed to construct the 
Guadalupe River flood control project in the San Jose area using 
* $750,000 of the funds herein appropriated: Provided further, That 
with $4,000,000 of the funds herein appropriated to remain available 
until expended, the Secretary of the Army, acting through the Chief 
of Engineers, is directed to award a continuing contract for levee/ 
floodwedl construction and to continue, by continuing contracts, 
other structural and nonstructural work associated with the 
Barbourville, Kentucky, element of the Levisa and Tug Forks of the 
Big Sandy River and Upper Cumberlsind River project authorized by 
section 202 of Public Law 96-367: Provided further, That with 
$17,000,000 of the funds herein appropriated to remain available 
until expended, the Secretary of the Army, acting through the Chief 
of Engineers, is directed to continue the work for the river diversion 
tunnels and to undertake other structural and nonstructural work 
associated with the Harlan, Kentucky, element of the Levisa and 
Tug Forks of the Big Sandy River and Upper Cumberland River 
project authorized by section 202 of Pubhc Law 96-367 using 
continuing contracts: Provided further. That with $7,850,000 of the 
funds herein appropriated to remain available until expended, the 
Secretary of the Army, acting through the Chief of Engineers, is 
directed to undertake structural and nonstructural flood protection 
measures at Matewan, West Virginia: Provided further. That no 
fully allocated funding policy shall apply to construction of the 
Barbourville, Kentucky, Matewan, West Virginia, and Harlan, Ken-
tucky, elements of the Levisa and Tug Forks of the Big Sandy River 
and Upper Cumberland River project: Provided further. That with 
$1,000,000 of the funds herein appropriated the Secretary of the 
Army, acting through the Chief of Engineers, is directed, notwith-
standing section 903(a) of the Water Resources Development Act of 
1986, to construct the Mound State Park, Moundville, Alabama, 
project, authorized by section 608(a) of the Water R^ources Develop-
ment Act of 1986, in accordance with the General Design Memoran-
dum number 1 (April 1988) of the Mobile District Engineer, and the 
non-Federal share of this project shall be 25 percent: Provided 
further. That with $1,000,000 of the funds herein appropriated the 
Secretary of the Army, acting through the Chief of Engineers, is 
directed, notwithstanding section 903(a) of the Water Resources 
Development Act of 1986, to construct the Fort Toulouse, Elmore 
County, Alabama, project, authorized by section 608(b) of the Water 
Resources Development Act of 1986, in accordance with the General 
Design Memorandum number 1 (April 1988) of the Mobile District 
Engineer, and the non-Federal share of this project shall be 25 
percent: Provided further. That, notwithstanding section 903(a) of 
the Water Resources Development Act of 1986, $500,000 of the funds 
herein appropriated shall be used by the Secretary of the Army, 
acting through the Chief of Engineers, for construction of the Satilla 
River Basin, Georgia, project, authorized by section 1151 of Public 
Law 99-662: Provided further. That using $415,000 of the funds 
herein appropriated the Secretary of the Army, acting through the 
Chief of Engineers, is directed, immediately upon enactment of this 
Act, to initiate a prc^am of applied research, in cooperation with 
the Tennessee Valley Authorij^, to help resolve the aquatic plant 
problem in Guntersville Lake, Tennessee River, Alabama, in accord-
ance with the research provisions of the aquatic plant control 
pr(^am authorized in section 302 of Public Law 89-298: Provided 
further, That using $1,500,000 of the funds herein appropriated the 
PUBLIC LAW 101-101—SEPT. 29, 1989 
103 STAT. 645 
Secretary of the Army, acting through the Chief of Engineers, is 
directed to initiate construction of the O'Hare Reservoir, Elk Grove 
Township, Illinois, as authorized in section 401(a) of Public Law 99-
662 with cost sharing in accordance with the percentages specified 
in section 103(a) of the Water Resources Development Act of 1986: 
Provided further. That the Secretary of the Army, acting through 
the Chief of Engineers, is directed to initiate remedial work on the 
Sacramento River Flood Control Project levees in the Sacramento 
Metropolitan Area with $3,000,000 herein appropriated for that 
purpose: Provided further, That the Secretary of the Army, acting 
through the Chief of Engineers, is directed to initiate design and 
construction of the Waterloo Bridges in Waterloo, Iowa, in accord-
ance with section 835 of the Water Resources Development Act of 
1986 using funds appropriated in the Energy and Water Develop-
ment Appropriations Act, 1989, Public Law 100-371 and the Act 
making further continuing appropriations for the fiscal year ending 
September 30,1988, Public Law 100-202: Provided further. That the 
Secretary of the Army, acting through the Chief of Engineers, is 
directed to use $9,900,000 of the total sum appropriated herein for 
design, testing, and construction in fiscal year 1990 of juvenile fish 
bjrpass facilities at the Little Goose, Lower Granite, McNary, Lower 
Monumental, Ice Harbor and The Dedles projects on the Columbia 
and Snake Rivers as described in the report accompanying this Act: 
Provided further. That the Secretary of the Army, acting through 
the Chief of Engineers, is directed to initiate and complete construc-
tion of the Maumee Bay State Park, Ohio, Shoreline Protection and 
Beach Restoration project, using funds appropriated in the Energy 
and Water Development Appropriations Act, 1989, Public Law 100-
371, and the non-Federal sponsor shall share the cost of the project 
in accordance with the cost sharing requirements of the Water 
Resources Development Act of 1986, Public Law 99-662: Provided 
further, That using funds appropriated in the Energy and Water 
Development Appropriation Act, 1988, Public Law 100-202, the 
Secretary of the Army, acting through the Chief of Engineers, shall 
make $150,000 availaole to the Kankakee River project in Illinois to 
acquire an icebreaking boat and equipment to be loaned to the city 
of Wilmington, Illinois, for a period of at least three years in 
accordance with section 1101(b) of the Public Law 99-662 (100 Stat. 
4224): Provided further. That, notwithstanding section 903(a) of the 
Water Resources Development Act of 1986, the Secretary of the 
Army, acting through the Chief of Engineers, is directed to construct 
the Hamlet City Lake, Hamlet, North Carolina, project using 
$3,200,000 of the funds herein appropriated: Provided further. That 
the Secretary of the Army, acting through the Chief of Engineers, is 
directed to use $500,000 of the funds appropriated herein to com-
plete a reassessment of the Manteo (Shallowbag) Bay, North Caro-
lina, project, including a reanalysis of a sand-bypass ^ t e m and the 
effect of stabilization measures undertaken by the State of North 
Carolina on the overall project: Provided further. That using funds 
previously appropriated and $13,000,000 of the funds herein appro-
priated the Secretary of the Army, acting through the Chief of 
Engineers, is directed to construct lughway 415, Se^ent "C" at the 
Saylorville Lake, Iowa, project in accordance with terms of the 
relocations contract executed on June 21,1984, between the United 
States Army Corps of Engineers Rock Island District Engineer and 
the State of Iowa: Provided further. That with $1,000,000 of the 
funds herein appropriated the Secretary of the Army, acting 
103 STAT. 646 
PUBLIC LAW 101-101—SEPT. 29, 1989 
through the Chief of Engineers, is directed to initiate and complete 
the one-time repair and rehabilitation of the Mae3rstown Creek 
gravity drainage structure through the project levee of the 
Harrisonville and Ivy Landing Drainage and Levee District, number 
2, Illinois, subject to the cost-sharing provisions of Public Law 99-
662: Provided further, That with $4,000,000 of the funds herein 
appropriated the Secretary of the Army, acting through the Chief of 
Engineers, is directed to resume construction on the Wallisville 
Lake project in Texas, and to award continuing contracts until 
construction is complete under the terms and conditions signed in 
1967 between the Trinity River Authority of Texas, the city of 
Houston, the Chambers-Liberty Counties Navigation District, and 
the Corps of Engineers, and as provided for in Public Law 98-63: 
Provided further, That with $5,000,000 heretofore or herein appro-
priated for the Cooper Lake and Channels project in Texas, the 
Secretary of the Army, acting through the Chief of Engineers, is 
directed to award continuing contracts in fiscal year 1990 at full 
Federal expense for additional recreation facilities at an estimated 
cost of $17,000,000 not exclusive to South Sulphur and Doctors Creek 
Parks, £is is acceptable to the State of Texas: Provided further. That 
the Secretary of the Army is authorized and directed to immediately 
begin a reconnaissance study of the Cuyahoga River in accordance 
with the provisions of Public Law 99-662 using funds previously 
appropriated for the Cleveland Harbor, Ohio, project: Provided fur-
ther. That the Secretary of the Army, acting through the Chief of 
Engineers, shall use $300,000 of the funds appropriated under this 
heading for a flood control project on Loves Park Creek, Loves Park 
and vicinity, Illinois, as authorized by Public Law 99-662, section 
401; and, in addition, $101,800,000, to remain available until ex-
pended, is hereby appropriated 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 and 1989 Energy and Water Develop-
ment Acts, Public Laws 100-202 and 100-371, respectively, regard-
ing the construction of this project, and the Secretary is directed to 
use $2,000,000 to award continuing contracts in fiscal year 1990 for 
construction and completion of Lock and Dam 4, Phase I, and Lock 
and Dam 5, Phase I; and of which $2,500,000 shall be used to acquire 
up to five thousand acres of land in the vicinity of the Stumpy Lake/ 
Swan Lake/Loggy Bayou Wildlife Management area as part of the 
lands for the Red River Waterway project; and with funds provided 
in this title or previously appropriated to the Corps of Engineers, 
the Secretary further is directed to fund previously awarded and 
directed construction contracts and to award continuing contracts in 
fiscal year 1990 for construction and completion of each of the 
following features of the Red River Waterway: in Pool 1, Vick 
Revetment Extension; Saline Bend Dikes, Blakewood, Pump Bayou, 
and Grand Lakes Reinforcement and Dikes. The Federal cost for 
construction of the Louisiana and Arkansas Railway Bridge near 
Alexandria, Louisiana, authorized in Public Law 98-181 shall be 
increased to a limitation of $25,770,000 (July 1, 1983, price levels) in 
order to avoid disruption of the Colfax Creosoting Company. 
PUBLIC LAW 101-101—SEPT. 29, 1989 
103 STAT. 647 
FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES, ARKANSAS, 
ILUNOIS, KENTUCKY, LOUISIANA, MISSISSIPPI, MISSOURI, AND TEN-
NESSEE 
(INCLUDING TRANSFER OF FUNDS) 
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), $336,000,000, 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 agreeable to the District Engineer and the 
State Conservationist: Provided further. That the Secretary of the 
Army is directed to provide $1,000,000 from funds appropriated by 
Public Law 100-371 (102 Stat. 859) for Flood Control, Mississippi 
River and Tributaries, to the United States Department of Agri-
culture, Soil Conservation Service, to be expended for engineering 
and design of the Johns Creek project, as authorized by section 
401(a) of Public Law 99-662 (100 Stat. 4124): Provided further. That 
the Secretary of the Army, acting through the Chief of Engineers, is 
directed to proceed with design and construction of a replacement 
for the Motor Vessel MISSISSIPPI using funds available under this 
appropriation in order to complete construction of the replacement 
vessel by the end of calendar year 1991: Provided further. That using 
previously appropriated funds, the Secretary of the Army, acting 
through the Chief of Engineers, is directed to reimburse the local 
interests for the Federal share of the cost of relocation of United 
States Highway 71 bridge in St. Landry Parish, Louisiana, carried 
out by local interests as authorized by section 824 of Public Law 99-
662: Provided further, That the Secretary of the Army, acting 
through the Chief of Engineers, is directed to utilize $2,500,000 of 
previously appropriated funds to initiate and complete construction 
of a land side seepage berm to correct a project deficiency at the 
Mississippi River, Memphis Harbor, Tennessee. 
OPERATION AND MAINTENANCE, GENERAL 
For expenses necessary for the preservation, operation, mainte-
nsmce, 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 and northwestern lakes and connecting waters; clearing 
and straightening channels; and removal of obstructions to naviga-
tion, $1,377,504,000, to remain 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 $20,000,000 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 $100,000 of 
103 STAT. 648 
PUBLIC LAW 101-101—SEPT. 29, 1989 
funds herein appropriated shall be used by the Secretary of the 
Army, acting through the Chief of Engineers for operation and 
maintenance of existing structures and facilities of the Missouri 
National Recreation River, Nebraska and South Dakota: Provided 
further. That not to exceed $8,000,000 shall be available for obliga-
tion for national emergency preparedness programs: Provided fur-
ther. That $750,000 of the funds herein appropriated shall be used by 
the Secretary of the Army, acting through the Chief of Engineers, 
for maintenance dredging of the Los Angeles River portion of the 
Los Angeles-Long Beach Harbors project: Provided further. That 
$50,000 of the funds herein appropriated shall be used by the 
Secretary of the Army, acting through the Chief of Engineers, to 
continue the Sauk Lake, Minnesota, project. 
REGULATORY PROGRAM 
For expenses necessary for administration of laws pertaining to 
regulation of navigable waters, including bridges, and wetlands, 
$69,427,000, to remain available until expended. 
REVOLVING FUND 
For continued acquisition of the Corps of Engineers Automation 
Plan, $10,000,000, to remain available until expended (33 U.S.C. 
576). 
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, the Coastal Engineering Research Board, the Engineer 
Automation Support Activity, and the Water Resources Support 
Center, $128,800,000, 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 fiscal year the revolving fund. Corps of Engi-
neers, shall be available for purchase (not to exceed 150 for replace-
ment only) and hire of passenger motor vehicles. 
GENERAL PROVISIONS 
CORPS OF ENGINEERS—CIVIL 
SEC. 101. The project for flood control, Wyoming Valley, Penn-
sylvania, authorized by section 401(a) of the Water Resources Devel-
opment Act of 1986, is modified to direct the Secretary of the Army, 
using $1,300,000 appropriated herein under the General Investiga-
tions account and funds appropriated hereafter, to complete the 
PUBLIC LAW 101-101—SEPT. 29, 1989 
103 STAT. 649 
design of the project so as to provide flood protection to the area 
protected by the existing projects from flood conditions which would 
occur as a result of the recurrence of Tropical Storm Agnes of 1972. 
SEC. 102. The Sacramento River Flood Control Project, California, 
as authorized by the Flood Control Act of 1917, as amended, is 
further modified to direct the Secretary of the Army, acting through 
the Chief of Engineers, to proceed in fiscal year 1990 and in subse-
quent years as necessary with construction of riverbed gradient 
restoration structures in the vicinity of River Mile 206, Sacramento 
River, California, at an additional estimated cost of $6,000,000, 
generally in accordance with the plan contained in a report pre-
pared by the Glenn Colusa Irrigation District and the Csilifomia 
Department of Fish and Game, dated December 1988. Local cost-
sharing is to be obtained in accordance with the flood control 
requirements of the Water Resources Development Act of 1986. 
SEC. 103. The undesignated paragraph entitled "Sims Bayou, 
Texas" in section 401(a) of Public Law 99-662 (100 Stat. 4110) is 
amended by striking out "$126,000,000" and inserting in lieu thereof 
"$244,000,000", by striking out "$94,700,000" and inserting in lieu 
thereof "$164,000,000", and by striking out "$31,300,000" and insert-
ing in lieu thereof "$80,000,000". 
SEC. 104. The project for shoreline protection for the Atlantic 
(Doast of Maryland (Ocean City), authorized by section 501(a) of the 
Water Resources Development Act of 1986 (Public Law 99-662; 100 
Stat. 4135), is modified to authorize the Secretary to construct 
hurricane and storm protection measures based on the District 
Engineer's Post Authorization Change Notification Report dated 
May 1989, at a total initial cost of $71,000,000, with an estimated 
Federal cost of $37,000,000 and an estimated non-Federal cost of 
$34,000,000, and an annual cost of $2,700,000 for periodic beach 
nourishment over the life of the project, with an estimated annual 
Federal cost of $1,755,000 and an estimated annual non-Federal cost 
of $945,000. 
SEC. 105. Notwithstanding section 110 of the Energy and Water 33 USC 576 note. 
Development Appropriation Act, 1988, Public Law 100-202, the 
Secretary of the Army is authorized to transfer and reassign prop-
erty accountability for the headquarters aircraft of the Corps of 
Engineers, Serial Number 045, from the assets of the civil works 
revolving fund, to the military activity of the Army that the Sec-
retary determines is appropriate, except that the aircraft shall be ^ 
made available on a priority basis as necessary for activities in 
support of the Army's civil works mission. 
SEC. 106. The Secretary of the Army, acting through the Chief of 
Engineers, is authorized and directed to assume operation of the 
Sledge Bayou Drainage District's structure located in Quitmsin 
C!)ounty, Mississippi. 
SEC. 107. Section 803 of the Water Resources Development Act of Bridges. 
1986 (100 Stat. 4166) is amended by adding at the end thereof the 
following new sentence: "Notwithstanding section 215 of the Flood 
Control Act of 1968 (42 U.S.C. 1962d-5a), if, before the date of the 
enactment of this Act, non-Federal interests complete construction 
and repair of the Cherry Street bridge, the Secretary shall credit 
toward the non-Federal share of the cost of construction of the 
Walnut Street bridge an eimount equal to the Federal share of the 
cost incurred for construction and repair of the Cherry Street 
bridge.". 
103 STAT. 650 
PUBLIC LAW 101-101—SEPT. 29, 1989 
SEC. 108. The Secretary of the Army, acting through the Chief of 
Engineers, is authorized and directed to perform maintenance 
dredging and related activities to maintain Pump Slough from its 
confluence with the West Pearl River to the boat ramps in the 
vicinity of Interstate 59 and Crawford and Davis landings. 
SEC. 109. The project for mitigation of fish and wildlife losses at 
the Canaveral Harbor West Basin and Approach Channel project, 
Florida, authorized by section 601(a) of the Water Resources Devel-
opment Act of 1986 under the heading "PORT CANAVERAL 
HARBOR, FLORIDA" (100 Stat. 4140), is modified to authorize the 
Secretary to construct that part of the project consisting of reshap-
ing of four spoil islands located in the Banana River, installation of 
culverts along the existing levee of the south mosquito control 
impoundment of Merritt Island, and rehabilitation of the existing 
pump station located at the southern tip of the south mosquito 
control impoundment, at a total cost of $838,000, with an estimated 
first Federal cost of $825,000 and an estimated non-Federal cost of 
$13,000. 
SEC. 110. The undesignated paragraph of the Water Resources 
Development Act of 1986 (Public L^w 99-662) under the heading 
"Roanoke River Upper Basin, Virginia" (100 Stat. 4126) is amended 
by striking out "$21,000,000" and all that follows in that paragraph 
and inserting in lieu thereof "$29,000,000, with an estimated first 
Federal cost of $17,700,000 and an estimated first non-Federal cost of 
$11,300,000, October 1988 price levels.". 
SEC. 111. The project for navigation, Bonneville Lock and Dam, 
Oregon and Washington, authorized by the Supplemental Appro-
priations Act of 1985 (Public Law 99-88), the Water Resources 
Development Act of 1986 (Public Law 99-662), and the Supplemental 
Appropriations Act of 1989 (Public Law 101-45), is modified to 
authorize the Secretary of the Army to make available and deliver 
to the following Oregon and Washington ports: Port of The Dalles, 
Oregon; Port of Hood River, Oregon; Port of Cascade Locks, Oregon; 
Port of Klickitat, Washington; and Port of Skamania, Washington, 
excavated material surplus to the needs of the project as determined 
and conditioned by the Secretary of the Army without cost to the 
ports for such material. 
Contracts. 
The Secretaiy, or his designee, shall not make such excavated 
material available until each port has entered into a written agree-
ment: (1) to provide disposal sites at no cost to the government or its 
agents or its contractors; (2) to provide without charge or fee all 
disposal site work necessary for placement of the excavated mate-
rials as it becomes available for disposal; (3) to provide all disposal 
site work during disposal of the excavated material such as spread-
ing, compacting and protection of in-water fills but not including off-
loading from either truck or barge; (4) obtain all required State and 
Federal permits; and (5) to hold and save harmless the government 
from all damages, contractual or otherwise from the ports, but not 
from third-party claims. 
Actions taken pursuant to this modification shall not affect the 
environmental studies and approvals which have been completed for 
the project. 
SEC. 112. Section 4(t)(3) of the Water Resources Development Act 
of 1988 (102 Stat. 4021-4022) is amended by adding at the end of 
subparagraph (3)(E) the following new subparagraph: 
(F) Upon transfer of OMR&R responsibility to the city in 
accordance with the provisions of tnis subsection, the Sec-
Recreation. 
PUBLIC LAW 101-101—SEPT. 29, 1989 
103 STAT. 651 
retary shall further modify the project contract to forgive 
the city's OMR&R payment obligations in excess of 
$200,000 for the period beginning October 1, 1988, and 
ending September 30, 1989: Provided, 
That the total 
amount forgiven shall not exceed $600,000.". 
SEC. 113. The lake and recreation area at Dam Site 18 of the Public buildings 
Papillion Creek Basin Project in Nebraska shall, on and after the I^^J^^li.'i^^" 
date of enactment of this Act, be known and designated as the "Ed 
°"""' "" 
Zorinsky Lake and Recreation Area". Any reference to the area 
containing such dam site and its lake and surroundings in any law, 
regulation, map, document, record, or other paper of the United 
States shall be considered to be a reference to the Ed Zorinsky Lake 
SEC. 114. Notwithstanding section 601(b) of Public Law 99-662, the 
project for flood damage prevention, silong the Rillito River, Pima 
County, Arizona, is authorized for construction in accordemce with 
the plans described in the report of the Chief of Engineers dated 
January 22, 1988, at a total cost of $19,600,000 with an estimated 
first Federal cost of $14,600,000. 
TITLE n 
DEPARTMENT OF THE INTERIOR 
BUREAU OF RECLAMATION 
For carrying out the functions of the Bureau of Reclamation as 
provided in the Federal reclsimation 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 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, $11,530,000: 
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-Fed-
eral 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. 
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 
103 STAT. 652 
PUBLIC LAW 101-101—SEPT. 29, 1989 
available until expended, $662,120,000, of which $164,866,000 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 $188,823,000 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 available 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 
drain 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 
plan, which shall conform with the water quality standards of the 
State of California as approved by the Administrator of the Environ-
mental 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-
ation of facilities to prevent waters of Lake Powell from entering 
any national monument: Provided further. That of the amount 
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 June 17, 
1902, 32 Stat. 388, and Acts amendatory thereof or supplementary 
thereto) for the purposes of diverting and conveying water to irri-
gated project lands. The cost of the rehabilitation will be 
nonreimbursable and 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 Dakota, 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 Centrsd 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 pun>oses, 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 environmentcd law, are hereby deemed to 
constitute a suitable alternative to Orme Dam within tne meaning 
of the Colorado River Basm Project Act (82 Stat. 885; 43 U.S.C. 1501 
et seq.): Provided further. That $17,000,000 of the funds herein 
PUBLIC LAW 101-101—SEPT. 29, 1989 
103 STAT. 653 
appropriated shall be available for use for construction on the Davis 
Creek Dam, North Loup Division, Nebraska, and related facilities in 
addition to the amount requested by the Secretary of the Interior for 
continuing work on the North Loup Division, which funds shall 
remain available until expended: Provided further, That in accord-
ance with Public Law 100-568, there is authorized to be appro-
priated under section 8, of the Act of April 11, 1956 (70 Stat. 110; 43 
U.S.C. 620g), $15,000,000 as compensation to the Strawberry Water 
Users Association which shall be available only for such compensa-
tion and must be used for Strawberry Valley Reclamation Project 
purposes. Of the amounts appropriated hereafter (including funds 
previously appropriated for fiscal year 1989) under section 8 of such 
Act, the first $15,000,000 shall be paid to the Association. Upon 
receipt of such compensation, the Association shall relinquish all of 
its contractual surface rights and interests, including sand and 
gravel, in the 56,775 acres of Project lands. 
Nothing in this Act shall delay the transfer of Strawberry Valley 
Project lands under the terms and conditions of section 4 of Public 
Law 100-563. 
During the fiscal year 1990, the Bureau is authorized to utilize 
funds surplus to construction needs under section 5 of the Act of 
April 11, 1956 (70 Stat. 107; 43 U.S.C. 620d), if available, (Bonneville 
Unit only), to accomplish the purposes and objectives of sections 3 
and 4 of Public Law 100-563. 
OPERATION AND MAINTENANCE 
(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 
the Bureau of Reclamation, pursuant to law, to remain available 
until expended, $212,287,000: Provided, That of the total appro-
priated, the amount for program activities which can be financed by 
the reclamation fund shall be derived from that fund, and the 
amount for program activities which can be derived from the special 
fee account established pursuant to the Act of December 22,1987 (16 
U.S.C. 4601-6a, as amended), may be derived from that fund: Pro-
vided further. That of the total appropriated, such amounts as may 43 USC 6l8d 
be required for replacement work on the Boulder Canyon Project note, 
which would require readvances to the Colorado River Dam Fund 
shall be readvanced to the Colorado River Dam Fund pursuant to 
section 5 of the Boulder Canyon Project Adjustment Act of July 19, 
1940 (43 U.S.C. 618d), and such readvances since October 1, 1984, 
and in the future shall bear interest at the rate determined pursu-
ant to section 104(a)(5) of Public Law 98-381: 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 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 
103 STAT. 654 
PUBLIC LAW 101-101—SEPT. 29, 1989 
new long-term contracts for water supply from the Central Valley 
Project, California, prior to October 1,1990. 
LOAN PROGRAM 
For loans to irrigation districts and other public agencies for 
construction of distribution s}rstems 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 expenses necessaiy for carrying out the 
program, $34,122,000, 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 1990 and 
within the resources and authority available, gross obligations for 
the principal amount of direct loans shall not exceed $31,922,000: 
Provided further. That any contract under the Act of July 4,1955 (69 
Stat. 244), as amended, not yet executed by the Secretary, which 
calls for the making of loans beyond the fiscal year in which the 
contract is entered into shall be made only on the same conditions 
as those prescribed in section 12 of the Act of August 4, 1939 (53 
Stat. 1187,1197). 
GENERAL ADMINISTRATIVE EXPENSES 
For necessary expenses of general administration and related 
functions in the office of the Commissioner, the Denver office, and 
offices in the five regions of the Bureau of Reclamation, $47,983,000, 
of which $1,000,000 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 fimctions budgeted for the current 
fiscal year as general administrative expenses. 
EMERGENCY FUND 
43 use 502 note. 
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 fund. 
WORKING CAPITAL FUND 
For acquisition of computer capacity for the Business System 
Acquisition project, and other capital equipment, $8,500,000, 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 or special fee account are appropriated from the special funds 
in the Treasury created by the Act of June 17,1902 (43 U.S.C. 391) or 
the Act of December 27, 1987 (16 U.S.C. 4601-6a, as amended), 
PUBLIC LAW 101-101—SEPT. 29, 1989 
103 STAT. 655 
respectively. Such sums shall be transferred, upon request of the 
Secretary, to be merged with £ind 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 reclamation fund. 
ADMINISTRATIVE PROVISIONS 
Appropriations for the Bureau of Reclamation shall be available 
for purchase of not to exceed 28 passenger motor vehicles for 
replacement only; acquisition of one aircraft by transfer of title 
without the use of appropriated funds; payment of claims for dam-
ages to or loss of property, personal injury, or death arising out of 
activities of the Bureau of Reclamation; pasnnent, except as other-
wise 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 £ind 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 prop-
erty under the jurisdiction of the Bureau of Reclamation; perform-
ance of the functions specified under the head "Operation and 
Maintenance Administration", Bureau of Reclamation, in the In-
terior Department Appropriations Act 1945; preparation and 
dissemination of useful information including recordings, photo-
graphs, 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 pro-
vided for in the Acts of August 21, 1935 (16 U.S.C. 461-467), and 
June 27, 1960 (16 U.S.C. 469): Provided, That no part of any appro-
priation 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 Administra-
tive Expenses", amounts provided for plan formulation and adysmce 
planning investigations under the head "General Investigations", 
and amounts provided for applied engineering under the head 
"Construction Program". 
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 43 use 377a. 
£md 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. 
103 STAT. 656 
PUBLIC LAW 101-101—SEPT. 29, 1989 
43 use 1475. 
The Bureau of Reclamation may hereafter accept the services of 
volunteers Euid, from any funds available to it, provide for their 
incidental expenses to carry out any activity of the Bureau of 
Reclamation except policjonaking or law or regulatory enforcement. 
Such volunteers shall not be deemed employees of the United States 
Government, except for the purposes of chapter 81 of title 5 of the 
United States Code relating to compensation for work injuries, and 
shall not be deemed employees of the Bureau of Reclamation except 
for the purposes of tort claims to the same extent as a regular 
employee of the Bureau of Reclamation would be under identical 
circumstances. 
None of the funds made available by 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 after the date of this Act are awarded in accordance with title 
IX of the Federal Property and Administrative Service Act of 1949 
(40 U.S.C. 541 et seq.). Notwithstanding the provisions of 5 U.S.C. 
5901(a), as amended, the uniform allowance for each uniformed 
employee of the Bureau of Reclamation, Department of the Interior, 
shsdl not exceed $400 annually. 
GENERAL PROVISIONS 
DEPARTMENT OF THE INTERIOR 
SEC. 201. Appropriations in this title shall be available for 
expenditure 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 facili-
ties 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 avail-
able to the Department of the Interior for emergencies 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 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 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 activity in the same manner as authorized by the Act of 
June 30, 1932 (31 U.S.C. 1535 and 1536): Provided, That reunburse-
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 regulations 
approved by the Secretary; and the payment of dues, when au-
thorized by the Secretary, for library memberships in societies or 
associations which issue publications to members only or at a price 
to members lower than to subscribers who are not members.-
PUBLIC LAW 101-101—SEPT. 29, 1989 
103 STAT. 657 
SEC. 205. Section 210 of the Energy and Water Development 
Appropriations Act of 1988 is hereby deleted in its entirety. 
lOi Stat. 
1329-119. 
TITLE III 
DEPARTMENT OF ENERGY 
ENERGY SUPPLY, RESEARCH AND DEVELOPMENT 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 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 
21 for 
replacement 
only), 
$2,215,466,000, to remain available until expended, of which 
$20,000,000 shall be available only for the following facilities: the 
Biomedical Research Institute, LSU Medical CJenter at Shreveport, 
Louisiana, and the Oregon Health Science University: Provided, 
That of the amount appropriated herein, $2,500,000 shall be pro-
vided to the Midwest Superconductivity Consortium at Purdue 
University. 
URANIUM SUPPLY AND ENRICHMENT ACTIYITIES 
For expenses of the Department of Energy in connection with 
operating expenses; the purchase, construction, and acquisition of 
plant and capital equipment £uid other expenses incidental thereto 
necessary for uranium supply and enrichment activities in carrying 
out the purposes of the Department of Energy Orgemization 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 electricity to provide enrich-
ment services or purchase of enriched uranium from the Federal 
Republic of Germany whichever will minimize appropriations; pur-
chase of passenger motor vehicles (not to exceed 25 for replacement 
only), $1,431,000,000, to remain available until expended: Provided, 
That revenues received by the Department for the enrichment of 
uranium and estimated to total $1,500,900,000 in fiscal year 1990, 
shall be retained and used for the specific purpose of offsetting costs 
incurred by the Department in providing uranium enrichment serv-
ice activities as authorized by section 201 of Public Law 95-238, 
notwithstanding the provisions of section 3302(b) of title 31, United 
States Code: Provided further. That the sum herein appropriated 
shall be reduced as uranium enrichment revenues are received 
during fisc£il year 1990 so as to result in a finsd fiscal year 1990 
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 carrjring out the purposes of the 
103 STAT. 658 
PUBLIC LAW 101-101—SEPT. 29, 1989 
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 13, of which 10 are 
for replacement only and one is a police-t5T)e vehicle), $1,114,431,000, 
Reports. 
to remain available until expended: Provided, That none of the 
funds provided in this Act for the Superconducting Super Collider 
shall be available to finalize or implement any agreements for 
either in-kind or direct contributions from foreign countries until a 
full report on such international contributions has been provided to 
the Congress, unless the President or Secretary of Energy certify in 
writing that it is in the national interest of the United States to 
implement 
such 
an 
agreement. 
Funds 
available 
for 
the 
Superconducting Super Collider may be utilized to prepare agree-
ments to allow the above report to Congress to be formulated. 
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, $346,000,000, 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 the account, 
the Secretary shall exercise his authority pursuant to section 
302(e)(5) to issue obligations to the Secretary of the Treasury: Pro-
vided, That any proceeds resulting from the sale of assets purchased 
from the Nuclear Waste Fund shall be returned to the Nuclear 
Waste Fund: Provided further. That of the amount herein appro-
priated not to exceed $5,000,000, may be provided to the State of 
Nevada, for the conduct of its oversight responsibilities pursuant 
to the Nuclear Waste Policy Act of 1982, Public Law 97-425, as 
amended, of which $1,000,000 is to be available for the University of 
Nevada-Reno to carry out infreistructure studies related to nuclear 
waste, and of which not more than $1,000,000 may be expended for 
geology and hydrology studies carried out by the University of 
Nevada system and not more than $1,000,000 may be expended for 
socioeconomic and transportation studies: Provided further. That 
not more than $6,000,000 may be provided to the State of Nevada, at 
the discretion of the Secretary of Energy, to conduct appropriate 
activities pursuant to the Act: Provided further, That not more than 
$5,000,000, may be provided to affected local governments, as de-
fined 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 legislative action on 
any matter pending before Congress or a State legislature or for any 
lobbying activity as provided in 18 U.S.C. 1913: Provided 
further. 
That of the amount appropriated herein, up to $10,000,000 shall be 
made available to the University of Nevada, Las Vegas (UNLV), to 
provide computing resource to the State of Nevada to carry out its 
independent analyses and oversight responsibilities under the Nu-
clear Waste Policy Act of 1982 and for use by UNLV. The funds 
shall be made available by direct payment to UNLV in the amount 
of 
the 
purchase 
price 
of 
a 
supercomputer 
or 
coupled 
minisupercomputers. UNLV shall take title to and assume owner-
ship of the computer hardware and software that are purchased 
with these funds. 
PUBLIC LAW 101-101—SEPT. 29, 1989 
103 STAT. 659 
ISOTOPE PRODUCTION AND DISTRIBUTION PROGRAM FUND 
For necessary expenses of activities related to the production, 
distribution, and sale of isotopes and related services, $16,243,000, to 
remain available until expended: Provided, That this amount and, 
notwithstanding 31 U.S.C. 3302, revenues received from the disposi-
tion of isotopes and related services shall be credited to this account 
to be available for carr3dng out these purposes without further 
appropriation: Provided further. That all unexpended bsdances of 
previous appropriations made for the purpose of carrying out activi-
ties related to the production, distribution, and sale of isotopes and 
related services may be transferred to this fund and merged with 
other balances in the fund and be available under the same condi-
tions and for the same period of time: Provided further. That fees 
shall be set by the Secretary of Energy in such a manner as to 
provide full cost recovery, including administrative expenses, depre-
ciation of equipment, accrued leave, and probable losses: Provided 
further. That all expenses of this activity shall be paid only from 
funds available in this fund: Provided further. That at any time the 
Secretary of Energy determines that moneys in the fund exceed the 
anticipated requirements of the fund, such excess shall be trans-
ferred to the general fund of the Treasury. 
\ 
ATOMIC ENERGY DEFENSE ACTTVITIES 
For 
expenses 
of 
the 
Department 
of 
Energy 
activities, 
$9,656,034,000, to remain available until 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 canying out the purposes of the Depart-
ment 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 208 for replacement only 
including 19 police-type vehicles). 
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) $355,056,000, 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 $150,000,000 in fiscal year 1990 may be 
retained and used for operating expenses within this account, and 
may remain available imtil expended, as authorized by section 201 
of Public Law 95-238, notwithstanding 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 1990 so as to result in a 
103 STAT. 660 
PUBLIC LAW 101-101—SEPT. 29, 1989 
fin£il fiscal year 1990 appropriation estimated at not more than 
$205,056,000. 
OFFICE OF THE INSPECTOR GENERAL 
For necessary expenses of the Office of the Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $22,959,000, to remain available until expended. 
POWER MARKETING ADMINISTRATIONS 
OPERATION AND MAINTENANCE, ALASKA POWER ADMINISTRATION 
For necessary expenses of operation and maintenance of projects 
in Alaska and of marketing electric power and energy, $3,145,000, to 
remain available until expended. 
BONNEVILLE POWER ADMINISTRATION FUND 
Expenditures from the Bonneville Power Administration Fund, 
established pursuant to Public Law 93-454, are approved for ex-
penses of the Northeast Oregon Spring Chinook Facility and Gal-
braith Springs/Sherman Creek Hatcheries; and for official reception 
and representation expenses in an amount not to exceed $2,500. 
During fiscal year 1990, no new direct loan obligations may be 
made. 
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, 
$18,469,000, 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 facilities, and for administrative expenses, 
including ofRcial reception and representation expenses in an 
amount not to exceed $1,500 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, $25,172,000, to 
remain available until expended; in addition, notwithstanding the 
provisions of 31 U.S.C. 3302, not to exceed $11,723,000 in reimburse-
16 use 
ments, to remain available until expended: Provided, That the 
825S-1 note. 
continuing fund established by the Act of October 12, 1949, c. 680, 
title I, section 101, as amended, shall also be available on an ongoing 
basis for paying for purchase power and wheeling expenses when 
the Administrator determines that such expenditures are necessary 
to meet contractual obligations for the sale and delivery of power 
during periods of below-average hydropower generation. Pajrments 
from the continuing fund shall be limited to the amount required to 
replace the generation deficiency, and only for the project where the 
PUBLIC LAW 101-101—SEPT. 29, 1989 
103 STAT. 661 
deficiency occurred. Replenishment of the fund shall occur within 
twelve months of the month in which the funds were first expended. 
C!oNSTRucnoN, REHABILITATION, OPERATION AND MAINTENANCE, 
WESTERN AREA POWER ADMINISTRATION 
(INCLUDING TRANSFER OF FUNDS) 
For canying out the functions authorized by title III, section 
302(aXlXE) of the Act of August 4, 1977 (Public Law 95-91), and 
other related activities including conservation and renewable re-
sources programs as authorized, including official reception and 
representation expenses in an amount not to exceed $1,500, the 
purchase, msdntenance, and operation of one helicopter for replace-
ment only, $291,233,000, to remain available until expended, of 
which $264,457,000 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 $3,564,000, 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: Provided, That, the 43 use 502 note. 
continuing fund established in Public Law 98-50 shall also be 
available on an ongoing basis for paying for purchase power and 
wheeling expenses when the Administrator determines that such 
expenditures are necessary to meet contractual obligations for the 
sale and delivery of power during periods of below-normal hydro-
power generation. Pa3rments from the continuing fund shall be 
limited to the amount required to replace the generation deficiency, 
and only for the project where the deficiency occurred. Replenish-
ment of the continuing fund shall occur within twelve months of the 
month in which the fimds were first expended. 
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 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); $116,550,000, of which $11,000,000 shall remain avail-
able until expended and be available only for contractual activities: 
Provided, That hereafter and notwithstanding any other provision 42 U
S
C 7171 
of law, not to exceed $116,550,000 of revenues from licensing fees, "o^e. 
inspection services, and other services and collections in fiscal year 
1990, shall be retained and used for necessary expenses in this 
account, and shall remain available until expended: Provided fur-
ther. That the sum herein appropriated shall be reduced as revenues 
are received during fiscal year 1990, so as to result in a final fiscal 
year 1990 appropriation estimated at not more than $0: Provided 
further. That revenues collected under the authority of section 3401 
of the Omnibus Budget Reconciliation Act that have been held in 
suspense pending the final outcome of litigation, will be imme-
diately credited to the general fund of the Treasury. 
103 STAT. 662 
PUBLIC LAW 101-101—SEPT. 29, 1989 
Gifts and 
property. 
Schools and 
colleges. 
Women. 
GEOTHERMAL RESOURCES DEVELOPMENT FUND 
For carrjdng out the Loan Guarantee and Interest Assistsuice 
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 av£iilable 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 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 
appropriation Act. The Secretary is authorized to accept lands, 
buildings, equipment, and other contributions from public and pri-
vate sources and to prosecute projects in cooperation with other 
agencies, Federeil, State, private, or foreign. 
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 any such proposed transfers shall be submit-
ted promptly to the Committees on Appropriations of the House and 
Senate. 
(TRANSFERS OF UNEXPENDED BALANCES) 
SEC. 303. The unexpended balances of prior appropriations pro-
vided for activities in this Act may be transferred 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. 
MINORITY PARTICIPATION IN THE SUPERCONDUCTING SUPER COLUDER 
SEC. 304. (a) FEDERAL FUNDING.—The Secretary of Energy shall, to 
the fullest extent possible, ensure that at least 10 per centum 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 (within the meaning of sec-
tion 8(a) (5) and (6) of the Small Business Act (15 U.S.C. 637(a) (5) and 
(6))), including historically black colleges and universities and col-
leges and universities having a student body in which more than 20 
percent of the students are Hispanic Americans or Native Ameri-
PUBLIC LAW 101-101—SEPT. 29, 1989 
103 STAT. 663 
cans. For purposes of this section, economically and socially dis-
advantaged individuals shall be deemed to include women. 
(b) QniER PARTICIPATION.—The Secretary of Eneipr shall, to the 
fullest extent possible, ensure significant participation, in addition 
to that described in subsection (a), in the development, construction, 
and operation of the Superconducting Super CJoUider by socially and 
^ 
economically disadvantaged individuals (within the meaning of sec-
tion 8(a) (5) and (6) of the Small Business Act (15 U.S.C. 637(a) (5) and 
(6))) and economically disadvantaged women. 
TITLE IV 
INDEPENDENT AGENCIES 
APPALACHIAN REGIONAL COMMISSION 
For expenses necessary to carry out the programs authorized by 40 use app. 40i 
the Appalachian Regional Development Act of 1965, as amended, "ote. 
notwithstsmding section 405 of said Act, and for necessary expenses 
for the Federal Cochairman and the alternate on the Appalachian 
Regional (Commission and for pajmient 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, 
$150,000,000. 
DEFENSE NUCLEAR FAcnjnES SAFETY BOARD 
SALARIES AND EXPENSES 
For necessary expenses of the Defense Nuclear Facilities Safety 
Board in carrsdng out activities authorized by the Atomic Energy 
Act of 1954, as amended by Public Law 100-56, section 1441, 
$7,000,000, to remain available until expended. 
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 au-
thorized by law (75 Stat. 716), $214,000. 
CONTRIBUTION TO DELAWARE RIVER BASIN COMMISSION 
For pa3mient of the United States share of the current expenses of 
the Delaware River Basin (Commission, as authorized by law (75 
Stat. 706,707), $345,000. 
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 
103 STAT. 664 
PUBLIC LAW 101-101—SEPT. 29, 1989 
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), $300,000. 
NUCLEAR REGULATORY COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Commission in canying 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 section 3109 of title 5, United States 
Code; publication and dissemination of atomic information; pur-
chase, repair, and cleaning of uniforms, official representation ex-
penses (not to exceed $20,000); reimbursements to the General Serv-
ices Administration for security guard services; hire of passenger 
motor vehicles and aircraft, $442,100,000, to remain available until 
expended, of which $23,195,000 shall be derived from the Nuclear 
Waste Fund: 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 re-
search program, services rendered to foreign governments and inter-
national organizations, and the material and information access 
authorization programs including criminal history checks under 
section 149 of the Atomic Energy Act, as amended, may be retained 
and used for seilaries and expenses associated with those activities, 
notwithstanding the provisions of section 3302 of title 31, United 
States Code, and shall remain available until expended: Provided 
further, That revenues from licensing fees, inspection services, and 
other services and collections estimated at $146,850,000 in fiscal 
year 1990 shall be retained and used for necessary salaries and 
expenses in this account, notwithstanding the provisions of section 
3302 of title 31, United States Ck)de, £uid shall remain available until 
expended: Provided further. That the sum herein appropriated shall 
be reduced by the amount of revenues received during fiscal year 
1990 from licensing fees, inspection services and other services and 
collections, and from the Nuclear Waste Fund, excluding those 
moneys received for the cooperative nuclear safety research pro-
gram, services rendered to foreign governments and intemationsd 
organizations, and the material and information access authoriza-
tion programs, so as to result in a final fiscal year 1990 appropria-
tion estimated at not more than $295,250,000. 
OFFICE OF INSPECTOR GENERAL 
For necessary expenses of the Office of Inspector Greneral in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, including services authorized by 5 U.S.C. 3109, $2,900,()00, 
to remain available until expended; and in addition, not to exceed 5 
percent of this sum may be transferred from Salaries and Expenses, 
Nuclear Regulatory Commission: Provided, That notice of such 
transfer shall be given to the Committees on Appropriations of the 
House and Senate: Provided further. That from this appropriation, 
transfer of sums may be made to other agencies of the Government 
PUBLIC LAW 101-101—SEPT. 29, 1989 
103 STAT. 665 
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. 
SUSQUEHANNA RIVER BASIN Ck>MMissioN 
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), $200,000. 
CONTRIBUTION TO SUSQUEHANNA RIVER BASIN COMMISSION 
For pa3mient of the United States share of the current expense of 
the Susquehanna River Basin Commission, as authorized by law (84 
Stat. 1530,1531), $276,000. 
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, and for entering 
into contracts and making pa3nnents under section 11 of the Na-
tional Trails System Act, as amended, $121,000,000, to remain avail-
able until expended: Provided, That this appropriation and other i6USC83ib 
moneys available to the Tennessee Valley Authority may be used "ote. 
hereafter for pa3mient of the allowances authorized by section 5948 
of title 5, United States C!ode: Provided further, That the Tennessee le use 83ib-i. 
Valley Authority may hereafter accept the services of volunteers 
and, from any funds available to it, provide for their incidental 
expenses to carry out any activity of the Tennessee Valley Author-
ity except polic3anaking or law or regulatory enforcement. Such 
volunteers shall not be deemed employees of the United States 
Government, except for the purposes of chapter 81 of title 5 of the 
United States Code relating to compensation for work injuries, and 
shall not be deemed employees of the Tennessee Valley Authority 
except for the purposes of tort claims to the same extent as a regular 
employee of the Tennessee Valley Authority would be under iden-
tical circumstances. 
OFFICE OF THE NUCLEAR WASTE NEGOTIATOR 
SALARIES AND EXPENSES 
For necessary expenses of the Office of the Nuclear Waste Nego-
tiator, as authorized by Public Law 100-203, section 411, $2,000,000, 
to be derived from the Nuclear Waste Fund and to remain available 
until expended. 
103 STAT. 666 
PUBLIC LAW 101-101—SEPT. 29, 1989 
NUCLEAR WASTE TECHNICAL REVIEW BOARD 
SALARIES AND EXPENSES 
For necessary expenses of the Nuclear Waste Technical Review 
Board, as authorized by Public Law 100-203, section 509, $2,000,000, 
to be derived from the Nuclear Waste Fund and to remain available 
until expended. 
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 regu-
latory or adjudicatory proceedings funded in this Act. 
SEC. 503. None of the programs, projects or activities as defined in 
the report accompan3dng 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 unless such report expressly provides otherwise. 
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, 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 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 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 
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 the 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 sigencies 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 repajmient obligations: Provided further. That this section 
shall not apply to any procurement initiated prior to October 1, 
PUBLIC LAW 101-101—SEPT. 29, 1989 
103 STAT. 667 
1985, or to the 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 
procurement of domestic end product as defined in 48 C.F.R. sec. 
25.101: Provided further, That this section shall not apply to EHV 
power equipment produced or memufactured in a country whose 
government has completed negotiations with the United States to 
extend the GATT (Jovemment Procurement Code, or a bilateral 
equivgdent, to EHV power equipment, or which otherwise offers fair 
competitive opportunities in public procurements to United States 
manufacturers of such equipment. 
SEC. 508. Such sums as may be necessary for fiscal year 1990 pay 
raises for programs funded by this Act shall be absorbed within the 
levels appropriated in this Act. 
This Act may be cited as the "Energy and Water Development 
Appropriations Act, 1990". 
Approved September 29, 1989. 
LEGISLATIVE HISTORY—H.R. 2696: 
HOUSE REPORTS: No. 101-96 (Comm. on Appropriations) and No. 101-235 (Ctomm. of 
Conference). 
SENATE REPORTS: No. 101-83 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 135 (1989): 
June 28, considered and passed House. 
July 27, considered and passed Senate, amended. 
Sept. 12, House agreed to conference report; receded and concurred in certain 
Senate amendments, in others with eimendments. 
Sept. 14, Senate agreed to conference report; concurred in House amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 25 (1989): 
Sept. 29, Presidential statement.