Energy and Water Development Appropriations Act, 1989
PL 100-371 (H.R.4567), enacted 07/19/1988

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 
September 30, 1989, 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, 
1989, for energy and water development, and for other purposes, 
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 
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-
July 19, 1988 
[H.R. 4567] 
Energy and 
Water 
Development 
Appropriations 
Act, 1989. 
Reports. 
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 
P
rovided in the Federal reclamation laws (Act of June 17, 1902, 32 
tat. 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 
S
rohibited by this paragraph shall be deemed a violation of section 
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 satires 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 AND 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 TRANSFER 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 PRO 
VISIONS—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 TRANSFER 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^onal 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 l
O
a 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. 
0
1
>
) 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.