Energy and Water Development Appropriations Act, 1991
PL 101-514 (H.R.5019), enacted 11/05/1990

104 STAT. 2074 
PUBLIC LAW 101-514—NOV. 5, 1990 
Public Law 101-514 
101st Congress 
An Act 
Nov. 5, 1990 
[H.R. 5019] 
Energy and 
Water 
Development 
Appropriations 
Act, 1991. 
Making appropriations for energy and water development for the fiscal year ending 
September 30, 1991, 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, 
1991, 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 and 
detailed studies and plans and specifications of projects prior to 
construction, $146,435,000, 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 General Investigations in fiscal year 
1991 in the amounts specified: 
Casino Beach, Chicago, Illinois, $220,000; 
McCook and Thornton Reservoirs (CUP), Illinois, $2,000,000; 
Lake George, Hobart, Indiana, $125,000; 
Little Calumet River Basin (Cady Marsh Ditch), Indiana, 
$220 000' 
Ste. Genevieve, Missouri, $600,000; 
Red River Waterway, Shreveport, Louisiana, to Daingerfield, 
Texas, $1,900,000; 
Miami River Sediments, Florida, $200,000; 
Monroe County Beach Erosion (Smathers Beach), Florida, 
$193,000; 
Wyoming Valley Levee Raising, Pennsylvania, $1,000,000: 
Provided further. That not to exceed $27,200,000 shall be available 
for obligation for research and development activities: Provided 
PUBLIC LAW 101-514—NOV. 5, 1990 
104 STAT. 2075 
further, That the Secretary of the Army, acting through the Chief of 
Engineers, is directed to initiate and complete preconstruction 
engineering and design of the LaConner, Washington, project using 
funds appropriated for that purpose in the Energy and Water 
Development Appropriations Act, 1990, Public Law 101-101: Pro-
vided further, That the Secretary of the Army is authorized, in 
partnership with the Department of Transportation, and in coor-
dination with other Federal agencies, including the Department of 
Energy, to conduct research and development associated with an 
advanced high speed magnetic levitation transportation system: 
Provided further, That notwithstanding any other provision of law, 
the funds appropriated to the Corps of Engineers in Public Law 
101-101 for Magnetic Levitation Research and Development activi-
ties are hereby authorized for expenditure only in accordance with 
the directions contained in Senate Report 101-83 and House Report 
101-235: Provided further. That with $200,000 of the funds appro-
priated herein, the Secretary of the Army, acting through the Chief 
of Engineers, is directed to resume preconstruction engineering and 
design of the St. Louis Harbor, Missouri and Illinois, project: Pro-
vided further. That the Secretary of the Army, acting through the 
Chief of Engineers, is directed to use $250,000 of the funds appro-
priated herein to complete the Los Angeles-Long Beach Harbors 
project feasibility study and is further directed to use $2,000,000 of 
the funds appropriated herein to initiate preconstruction engineer-
ing and design of that project upon release of the South Pacific 
Division Engineer's notice of completion of the feasibility report: 
Provided further. That with $200,000 of the funds appropriated in 
the Energy and Water Development Appropriations Act, 1990, 
Public Law 101-101, together with $300,000 of the funds appro-
priated herein, the Secretary of the Army, acting through the Chief 
of Engineers, is directed to continue preconstruction engineering 
and design of the Red River Waterway, Index, Arkansas, to Denison 
Dam, Texas, project: Provided further. That with $800,000 of the 
funds provided herein, the Secretary of the Army, acting through 
the Chief of Engineers, is directed to accelerate preconstruction 
engineering and design for the Folly Beach, South Carolina, project 
and complete the General Design Memorandum by May 1991 so that 
project construction could begin in the fourth quarter of fiscal year 
1992: Provided further. That the Secretary of the Army, acting 
through the Chief of Engineers, is directed to use $300,000 of the 
funds appropriated herein to initiate and expedite a reconnaissance 
study to develop a recommended plan for flood damage prevention 
and other water resources problems along the Ohio River and its 
tributaries in Belmont and Jefferson Counties, Ohio: Provided fur-
ther. That using $270,000 of funds appropriated herein, the Sec-
retary of the Army, acting through the Chief of Engineers, is 
directed to initiate and complete engineering and design of the 
Bethel, Alaska, bank stabilization project. 
CONSTRUCTION, GENERAL 
For the prosecution of river and harbor, flood control, shore 
protection, alteration and removal of obstructive bridges, 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 participation by States, 
local governments, or private groups) authorized or made eligible for 
104 STAT. 2076 
PUBLIC LAW 101-514—NOV. 5, 1990 
selection by law (but such studies shall not constitute a commitment 
of the Government to construction), $1,050,450,000, 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 
Secretary of the Army, acting through the Chief of Engineers, is 
directed to undertake the following projects in fiscal year 1991 in 
the amounts specified: 
O'Hare Reservoir, Illinois, $4,300,000; 
Red River Emergency Bank Protection, Arkansas and Louisi-
ana, $4,100,000, which is to be utilized to construct emergency 
bank stabilization measures including repairs to revetments 
and realignments upstream of Shreveport, Louisiana, to Index, 
Arkansas, that were significantly damaged in the May 1990 
flood in the Red River Basin; 
Hansen Dam, California, $272,000; 
Kissimmee River, Florida, $6,000,000; 
Wallisville Lake, Texas, $9,200,000; 
Red River Basin Chloride Control, Texas and Oklahoma, 
$5,000,000; 
Shinnecock Inlet, New York, $3,000,000; 
Platte River Flood and Streambank Erosion Control Dem-
onstration Project, Nebraska, $1,500,000; 
San Diego River and Mission Bay, California, $975,000; 
Tampa Bay (Port Sutton), Florida, $500,000: 
Provided further, That with $7,500,000 of the funds herein appro-
priated to remain available until expended, the Secretary of the 
Army, acting through the Chief of Engineers, is directed to continue 
the work for the levees/floodwalls and to undertake other structural 
and nonstructural work associated with the Barbourville, Kentucky, 
element of the Levisa and Tug Forks of the Big Sandy River and 
Upper Cumberland River project authorized by section 202 of Public 
Law 96-367: Provided further. That with $20,500,000 of the funds 
herein appropriated to remain available until expended, the Sec-
retary 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 Public Law 96-367 using continuing contracts: Pro-
vided further. That $6,000,000 of the funds herein appropriated to 
remain available until expended, the Secretary of the Army, acting 
through the Chief of Engineers, is directed to initiate construction of 
the lower Mingo County, West Virginia element of the Levisa and 
Tug Forks of the Big Sandy and Upper Cumberland River project 
authorized by section 202 of Public Law 96-367, in accordance with 
the costsharing principles of Public Law 99-662 using continuing 
contracts: Provided further. That no fully allocated funding policy 
shall apply to construction of the Barbourville, Kentucky, and 
Harlan, Kentucky, and lower Mingo County, West Virginia, ele-
ments of the Levisa and Tug Forks of the Big Sandy River and 
Upper Cumberland River project: Provided further. That the project 
for flood protection for the town of Matewan, West Virginia, shall 
include all incorporated units within the town of Matewan: Provided 
further, That with funds herein or hereafter appropriated, the 
Secretary of the Army, acting through the Chief of Engineers, is 
directed to award continuing contracts until construction is com-
PUBLIC LAW 101-514—NOV. 5, 1990 
104 STAT. 2077 
plete in accordance with the terms and conditions of Public Law 
101-101 for the O'Hare Reservoir, Illinois, and Wallisville Lake, 
Texas, projects: Provided further. That the Secretary of the Army, 
acting through the Chief of Engineers, is directed to undertake the 
Kanawha River, Charleston, West Virginia, and Kanawha River, 
Saint Albans, West Virginia, projects using funds appropriated in 
the Energy and Water Development Appropriations Act, 1988, 
Public Law 100-202: Provided further. That the Secretary of the 
Army, acting through the Chief of Engineers, is authorized and 
directed to permit the non-Federal sponsors for the Fort Toulouse, 
Elmore County, Alabama, and Mound State Park, Moundville, Ala-
bama, projects to contribute, in lieu of cash, all or any portion of 
their share of the projects with work in-kind: Provided further. That 
using $400,000 of the funds appropriated herein the Secretary of the 
Army, acting through the Chief of Engineers, is directed to construct 
the Salyersville cut-through as authorized by Public Law 99-662, 
section 401(eXl) in accordance with the Special Project Report for 
Salyersville, Kentucky, concurred in by the Ohio River Division 
Engineer on or about July 26, 1989: Provided further. That using 
$500,000 of the funds appropriated herein the Secretary of the 
Army, acting through the Chief of Engineers, is directed to complete 
engineering and design and proceed with construction in fiscal year 
1991 of riverbed gradient restoration facilities in the vicinity of mile 
206 of the Sacramento River, California, pursuant to the authority 
provided in section 102 of Public Law 101-101, the Energy and 
Water Development Appropriations Act, 1990: Provided 
further. 
That with $550,000 of the funds herein appropriated, the Secretary 
of the Army, acting through the Chief of Engineers, is directed to 
continue with planning, engineering, design, and construction of the 
Des Moines Recreational River and Greenbelt, Iowa, project in 
accordance with the terms and conditions for construction in Public 
Law 100-202: Provided further, That with $3,000,000 of the funds 
herein appropriated the Secretary of the Army, acting through the 
Chief of Engineers, is directed to approve the remaining design 
memoranda and to continue land acquisition at Red Rock Lake and 
Dam, Iowa, in accordance with Public Law 99-190: Provided further. 
That using $975,000 of the funds appropriated herein the Secretary 
of the Army, acting through the Chief of Engineers, is directed to 
repair and restore to a safe condition the existing Tulsa and West 
Tulsa Local Protection Project, Oklahoma, authorized by the Flood 
Control Act approved August 18, 1941, Public Law 73-228, at an 
estimated cost of $1,300,000. The non-Federal share of the project 
will be in accordance with the provisions of title I, section 103, of 
Public Law 99-662, for flood control purposes: Provided 
further. 
That using $550,000 of funds appropriated herein, the Secretary of 
the Army, acting through the Chief of Engineers, is hereby directed 
to study, design and construct streambank protection measures 
along the esist shoreline of McGregor Park in the city of Clarksville, 
Tennessee, on Lake Barkley, under the authority of section 14 of 
Public Law 79-526: Provided further, That using $970,000 of funds 
appropriated herein, the Secretary of the Army is directed to re-
locate the Southeast Light on Block Island, Rhode Island to a more 
suitable location, subject to enactment into law of authorizing legis-
lation: Provided further. That the Secretary of the Army, acting 
through the Chief of Engineers, is directed to initiate construction of 
the San Timoteo feature of the Santa Ana River Mainstem flood 
control project by scheduling design and construction. The Secretary 
104 STAT. 2078 
PUBLIC LAW 101-514—NOV. 5, 1990 
is further directed to initiate and complete design and to fund and 
award all construction contracts necessary for completion of the San 
Timoteo feature. Furthermore, the Corps of Engineers is directed to 
use $1,000,000 of the funds appropriated herein to initiate the 
design; and, in addition, $92,636,000, to remain available until ex-
pended, is hereby appropriated for construction of the Red River 
Waterway, Mississippi River to Shreveport, Louisiana, project, and 
the Secretary is directed to continue the first phase of construction 
of Locks and Dams 4 and 5 that were initiated in 1990 and continue 
at an accelerated rate the design of the second phase contracts for 
Locks and Dams 4 and 5 in order to be prepared to initiate them in 
the second quarter of fiscal year 1992, to repair damages caused by 
the 1990 flood to project features that are complete or currently 
under construction, and to award continuing contracts in fiscal year 
1991 for construction of the following features of the Red River 
Waterway which are not to be considered fully funded: Grappe 
Capout, Fausse Capout, Socot Capout, Grappe Realignment, McDade 
Revetment, Moss Revetment, Elm Grove Revetment, Cecile Revet-
ment: Provided further. That, the Secretary of the Army, acting 
through the Chief of Engineers, is authorized and directed to make 
available $150,000 for engineering, design, acquisition and construc-
tion of a support structure to serve as the foundation for the 
Seafarers Memorial in the Columbia River, in cooperation with the 
City of Hammond, Oregon. 
FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES, ARKANSAS, 
ILLINOIS, KENTUCKY, LOUISIANA, MISSISSIPPI, MISSOURI, AND TEN-
NESSEE 
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), $344,606,000, to remain available until 
expended: 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 con-
structed 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 funds provided 
herein for operation and maintenance of Yazoo Basin Lakes shall be 
available for the maintenance of road and trail surfaces, alignments, 
widths, and drainage features: Provided further. That using $236,000 
of the funds appropriated herein, the Secretary of the Army, acting 
through the Chief of Engineers, is directed to initiate construction of 
the Horn Lake Creek and Tributaries (including Cow Pen Creek), 
Tennessee and Mississippi, project: Provided further. That the Sec-
retary of the Army is hereby directed to expedite the acquisition, in 
fee simple, of lands, excluding minerals, for public access in the 
Atchafalaya Basin Floodway System, Louisiana, as authorized by 
Public Laws 99-88, 99-662, and 100-202. The Secretary is authorized 
to include in any transfer of real property, in fee simple, excluding 
minerals, for public access pursuant to Public Laws 99-88, 99-662, 
and 100-202, language requiring the United States, in the event that 
the property is no longer required for public access and prior to any 
subsequent sale, exchange, or other transfer of the property 
PUBLIC LAW 101-514—NOV. 5, 1990 
104 STAT. 2079 
acquired, to first offer such property to the vendors, their heirs, 
successors or assigns, at the same price then being offered by any 
third party, which price shall in no event be less than the current 
fair market value. This authority is effective July 1, 1989, and the 
Secretary is further authorized to correct and amend deeds executed 
and delivered prior to said date to incorporate this provision: Pro-
vided further. That with $2,000,000 herein appropriated or with 
funds hereafter appropriated, the Secretary of the Army, acting 
through the Chief of Engineers, is authorized and directed to award 
continuing contracts until construction is complete for the West 
Memphis and Vicinity, Arkansas, project authorized by section 
401(a) of the Water Resources Development Act of 1986 as modified 
by the General Design Memorandum 101, dated May 1990: Provided 
further. That using $400,000 of the funds appropriated herein the 
Secretary of the Army, acting through the Chief of Engineers, is 
directed to proceed with the authorized Ouachita River Levees 
project in Louisiana and that rehabilitation or replacement of all 
deteriorated drainage structures which threaten the security of this 
critical urban protection is to be accomplished at Federal expenses; 
and, in addition, the Bayou Rapides Drainage Structure and Pump-
ing Plant is to be included as a feature of the Flood Control, 
Mississippi River and Tributaries, Arkansas, Illinois, Kentucky, 
Louisiana, Mississippi, Missouri, and Tennessee project, Lower Red 
River, South Bank Levee. 
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 and northwestern lakes and connecting waters; clearing 
and straightening channels; and removal of obstructions to naviga-
tion, $1,450,669,000, 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 $3,630,000 
of the funds appropriated herein shall be used by the Secretary of 
the Army, acting through the Chief of Engineers, for the Long-Term 
Management Strategy for dredged material disposal in the San 
Francisco Bay, California, region: Provided further. That $2,500,000 
of the funds appropriated herein shall be used by the Secretary of 
the Army, acting through the Chief of Engineers, to continue the 
development of recreation facilities at Sepulveda Dam, California: 
Provided further, That the Secretary of the Army, acting through 
the Chief of Engineers, is directed to use $3,500,()00 of the funds 
appropriated herein for the Federal share of construction of access 
facilities in the McAlpine Lock and Dam navigation pool. The non-
Federal interests shall be credited for previous work related to 
access, including $3,000,000 for 1,060 feet of the new downtown 
wharf. Non-Federal interests shall provide necessary easements to 
the Federal Government for construction of improvements at no 
104 STAT. 2080 
PUBLIC LAW 101-514—NOV. 5, 1990 
cost to the Federal Government. Title for lands shall remain with 
non-Federal interests: Provided further, That $100,000 of the funds 
appropriated herein shall be used by the Secretary of the Army, 
acting through the Chief of Engineers, to continue the Sauk Lake, 
Minnesota, project: Provided further, That with $350,000 of the 
funds herein appropriated to remain available until expended, the 
Secretary of the Army, acting through the Chief of Engineers, is 
directed to use continuing contracts to design and construct a 
riverfront park at Charleston, West Virginia, in accordance with the 
cost sharing principles of Public Law 99-662 and as generally 
described in the September 1989 Reconnaissance Report of the 
Huntington District entitled, Charleston Riverfront Park, Winfield 
Navigation Pool, Kanawha River: Provided further, That no fully 
allocated funding policy shall apply to construction of Charleston 
Riverfront Park, West Virginia: Provided further. That $200,000 of 
the funds appropriated herein 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 the Secretary of the Army, acting through the Chief of 
Engineers, using $900,000 of the funds appropriated herein, is 
directed to undertake a major rehabilitation of the Johnstown, 
Pennsylvania, project to insure that the project will continue to 
provide the authorized level of protection in the future. The Sec-
retary is further directed to investigate those non-federally owned 
buildings, embankments and walls which were included in the line 
of protection for the convenience of the Government and to perform 
needed repair, rehabilitation or replacement at Federal expense 
subject to the following terms: (1) The City of Johnstown secures 
needed rights of access to such structures; (2) the City of Johnstown 
agrees to hold and save the United States free from damages due to 
construction or operation and maintenance of the work on the non-
Federal structures, except for damages due to the fault or neg-
ligence of the United States or its contractors: Provided 
further, 
That the Secretary of the Army, acting through the Chief of Engi-
neers, is directed to undertake improvements to roads, utilities, and 
other facilities at the Crowder Point East Recreation Area at 
Eufaula Lake, Oklahoma, using funds appropriated for that purpose 
in the Energy and Water Development Appropriations Act, 1989, 
Public Law 100-371: Provided further. That not to exceed $8,000,000 
shall be available for obligation for national emergency prepared-
ness programs: Provided further. That of the funds appropriated 
herein, $7,000,000 is for a new bridge over the Chesapeake and 
Delaware Canal at Saint Georges, Delaware, as proposed by the 
State of Delaware, and as authorized by laws. 
REGULATORY PROGRAM 
For expenses necessary for administration of laws pertaining to 
regulation of navigable waters, including bridges, and wetlands, 
$71,100,000, 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 
PUBLIC LAW 101-514—NOV. 5, 1990 
104 STAT. 2081 
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 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, $136,100,000, of which $9,500,000 shall be derived from funds 
appropriated to "General expenses" by Public Law 101-302; to 
remain available until expended: Provided, That the Secretary of 
the Army, acting through the Chief of Engineers, is directed to 
complete the conceptual study of potential field organization struc-
tures in accordance with Senate Report 101-83 and Conference 
Report 101-235 accompanying Public Law 101-101. 
ADMINISTRATIVE PROVISIONS 
Appropriations in this title shall be available for expenses of 
attendance by military personnel at meetings in the manner 
authorized 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; not 
to exceed $5,000 for official reception and representation expenses; 
and during the current fiscal year the revolving fund. Corps of 
Engineers, shall be available for purchase (not to exceed 170 for 
replacement only) and hire of passenger motor vehicles. 
GENERAL PROVISIONS 
CORPS OF ENGINEERS—CIVIL 
SEC. 101. Section 4(t)(3)(F) of the Water Resources Development 
Act of 1988, Public Law 100-676, is amended by striking "September 
103 Stat. 650. 
30, 1989: Provided, That the total amount forgiven shall not exceed 
$600,000." and inserting in lieu thereof "June 30,1990.". 
SEC. 102. The Secretary of the Army, acting through the Chief of 
Engineers, is authorized and directed to construct the Pennington 
Creek project with funds previously appropriated for dredging of 
Pennington Creek, Denison Dam-Lake Texoma, Texas, under Oper-
ations and Maintenance, General, and as outlined in the Tulsa 
District Engineer's report as submitted to the Chief of Engineers on 
February 22, 1989, at full Federal expense. Construction of this 
project is contingent upon a local sponsor signing an agreement to 
operate and maintain the project at non-Federal expense. 
SEC. 103. The project for flood control, Brush Creek and Tribu-
taries, Missouri and Kansas, authorized by section 401(a) of the 
Water Resources Development Act of 1986 (100 Stat. 4168) is modi-
fied to authorize the Secretary of the Army to construct the project 
substantially in accordance with the Post Authorization Change 
Report, dated April 1989, as revised on January 1990, at a total cost 
104 STAT. 2082 
PUBLIC LAW 101-514—NOV. 5, 1990 
of $26,200,000 with an estimated Federal first cost of $16,090,000, 
and an estimated first non-Federal cost of $10,110,000. 
SEC. 104. Notwithstanding the provisions of section 215 of the 
Flood Control Act of 1968 (42 U.S.C. 1962d-5a) the Secretary of the 
Army is directed to credit and/or reimburse the local sponsor of the 
Maumee Bay State Park project in Ohio for work completed by the 
local sponsor on the eastern segment of the authorized project before 
November 17, 1988, in an amount equal to the Federal share of the 
costs of such work. Such credit and/or reimbursement shall be 
applied to the local sponsor's share of the construction costs of the 
western segment of the authorized project. 
Government 
SEC. 105. Section 228 of the Flood Control Act of 1970 (Public Law 
contracts. 
91-611, 84 Stat. 1818, 1832), is modified to direct the Secretary of the 
Army to conclude a Local Cooperative Agreement for the facilities 
across the Missouri River in the vicinity of Ft. Yates, North Dakota, 
at an estimated total cost of $22,800,000. For fiscal year 1991 there is 
authorized and appropriated for planning, engineering, and design 
on this project, $250,000. The non-Federal share of the cost of work 
directed by this section shall be 10 percent. Upon completion, non-
Federal interests shall own, operate, and maintain such bridge and 
approach facilities. 
SEC. 106. SAN LUIS REY RIVER, CALIFORNIA.—The project for flood 
control, San Luis Rey River, California, approved by resolutions of 
the Committee on Public Works, United States Senate, and the 
Committee on Public Works and Transportation, House of Rep-
resentatives, on December 17, 1970, and December 15, 1970, respec-
tively, in accordance with the provisions of section 201 of the Flood 
Control Act of 1965 (Public Law 84-298) is modified substantially in 
accordance with the Supplemental Phase II General Design Memo-
randum dated December 1987, at an estimated total cost of 
$60,400,000, with a Federal first cost of $45,000,000, and a non-
Federal first cost of $15,300,000. 
TITLE II 
DEPARTMENT OF THE INTERIOR 
BUREAU OF RECLAMATION 
For carrying out the functions of the Bureau of Reclamation as 
provided in the Federal reclamation 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, 
rehabilitation and betterment, financial adjustment, or extension of 
existing projects, to remain available until expended, $13,221,000: 
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 
PUBLIC LAW 101-514—NOV. 5, 1990 
104 STAT. 2083 
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 
available until expended, $642,897,000, of which $145,063,000 shall 
be available for transfer to the Upper Colorado River Basin Fund 
authorized by section 5 of the Act of April 11, 1956 (43 U.S.C. 620d), 
and $185,768,000 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 
authorized 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 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 all costs of the safety of dams modification 
work at Coolidge Dam, San Carlos Irrigation Project, Arizona, per-
formed under the authority of the Reclamation Safety of Dams Act 
of 1978 (43 U.S.C. 506), as amended, are in addition to the amount 
authorized in section 5 of said Act: Provided further, That none of 
the funds appropriated in this Act shall be used to study or con-
struct the Cliff Dam feature of the Central Arizona Project: Pro-
vided 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 
104 STAT. 2084 
PUBLIC LAW 101-514—NOV. 5, 1990 
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 alternative to Orme 
Dam within the meaning of the Colorado River Basin Project Act (82 
Stat. 885; 43 U.S.C. 1501 et seq.). 
OPERATION AND MAINTENANCE 
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, $221,516,000: 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-
43 use 618d 
vided further, That of the total appropriated, such amounts as may 
"°*®- 
be required for replacement work on the Boulder Canyon Project 
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 purpose 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. 
LOAN PROGRAM 
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 expenses necessary for carrying out the 
program, $5,708,000, 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 1991 and 
within the resources and authority available, gross obligations for 
the principal amount of direct loans shall not exceed $4,946,000: 
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 
PUBLIC LAW 101-514—NOV. 5, 1990 
104 STAT. 2085 
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, $51,431,000, 
of which $600,000 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 functions budgeted for the current 
fiscal year as general administrative expenses. 
EMERGENCY FUND 
For an additional amount for the "Emergencv fund", as au- 43 USC 502 
thorized by the Act of June 26, 1948 (43 U.S.C. 502), as amended, to note, 
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 and facilities, 
$4,831,000, 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 22, 1987 (16 U.S.C. 4601-6a, as amended), 
respectively. Such sums shall be transferred, upon request of the 
Secretary, to be merged with and 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 17 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 negotiations 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 
functions specified under the head "Operation and Maintenance 
104 STAT. 2086 
PUBLIC LAW 101-514—NOV. 5, 1990 
Administration", Bureau of Reclamation, in the Interior Depart-
ment Appropriations Act 1945; preparation and dissemination of 
useful information including recordings, photographs, and photo-
graphic 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 provided 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 appropriation 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 
Administrative 
Expenses", amounts provided for plan formulation and advance 
planning investigations under the head "General Investigations", 
and amounts provided for science and technology 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 31 U.S.C. 
1341. 
43 use 377a. 
No funds appropriated to the Bureau of Reclamation for operation 
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 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. 
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, 
shall 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, rendered inoperable, or destroyed by 
fire, flood, storm, drought, or other unavoidable causes: Provided, 
That no funds shall be made available under this authority until 
funds specifically made available to the Department of the Interior 
for emergencies shall have been exhausted. 
PUBLIC LAW 101-514—NOV. 5, 1990 
104 STAT. 2087 
SEC. 202. The Secretary may authorize the expenditure or transfer 
(within eabh 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 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 regulations 
approved by the Secretary; and the payment of dues, when 
authorized 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. 
SEC. 205. (a) AUTHORIZATION.—The Secretary is authorized and 
directed to enter into a contract with the McGee Creek Authority, 
Oklahoma City, Oklahoma, accepting a payment in an amount to be 
determined by the Secretary after appropriate investigation. 
(b) CONTRACT TERMINATION.—Upon receipt of the payment speci-
fied in subsection (a), the McGee Creek Water Authority's obligation 
under contract between the Authority and the Secretary numbered 
0-07-50-X0822, dated October 11,1979, shall be terminated. 
(c) TITLE TO PROJECT FACILITIES.—Notwithstanding any payments 
made by the McGee Creek Water Authority pursuant to section 205 
(a) and (b) of this language or pursuant to any contract with the 
Secretary, title to project facilities of the McGee Creek Project, 
Oklahoma, shall remain with the United States. 
SEC. 206. (a) Except as provided in subsection Qa) of this section, 
California. 
none of the funds appropriated in this or any other Act shall be used 
Government 
to execute new long-term contracts for water supply from the contracts. 
Central Valley Project, California. 
(b)(1) The Secretary of the Interior is authorized and directed to 
enter into the following contracts: (A) a municipal and industrial 
water supply contract with the Sacramento County Water Agency, 
not to exceed 22,000 acre-feet annually, to meet the immediate needs 
of Sacramento County and a municipal and industrial water supply 
contract with the San Juan Suburban Water District, not to exceed 
13,000 acre-feet annually, for diversion from Folsom Lake, with 
annual quantities delivered under these contracts to be determined 
by the Secretary based upon the quantity of water actually needed 
within the Sacramento County Water Agency service area and San 
Juan Suburban Water District after considering reasonable efforts 
to: (i) promote full utilization of existing water entitlements within 
Sacramento County, (ii) implement water conservation and meter-
ing programs within the areas served by the contract, and (iii) 
implement programs to maximize to the extent feasible conjunctive 
use of surface water and groundwater; and (B) a municipal and 
industrial water supply contract with the El Dorado County Water 
104 STAT. 2088 
PUBLIC LAW 101-514—NOV. 5, 1990 
Agency, not to exceed 15,000 acre-feet annually, for diversion from 
Folsom Lake or for exchange upstream on the American River or its 
tributaries, considering reasonable efforts to implement water con-
servation programs within areas to be served by the contracts. The 
contracts required by this subsection are intended as the first phase 
of a contracting program to meet the long-term water supply needs 
of Sacramento and El Dorado Counties. The Secretary shall 
promptly initiate the necessary analysis for the long-term water 
supply contracts. The Secretary shall include in these contracts 
terms and conditions to ensure that the contracts may be amended 
in any respect required to meet the Secretary's obligations under 
applicable State law and the Federal environmental laws. 
(2) Prior to entering into the contracts specified in subsection 0))(1) 
of this section, the Secretary is directed to comply with the provision 
of the National Environmental Policy Act by preparing joint 
Environmental Impact Statements and California Environmental 
Quality Act Environmental Impact Reports. The Sacramento 
County Water Agency shall be the joint lead agency with the 
Bureau of Reclamation in the preparation of the environmental 
documents required under (b)(1)(A) of this section and the El Dorado 
County Water Agency shall be the joint lead agency with the 
Bureau of Reclamation in the preparation of the environmental 
documents required under (b)(1)(B), with the Bureau of Reclamation 
cooperating in all aspects of the environmental review process, but 
not controlling that process. 
(3) Diversions from the American River under the contract for the 
Sacramento County Water Agency shall, to the maximum extent 
reasonable and feasible, take place at or near the mouth of the 
American River. 
SEC. 207. The Secretary of the Interior is authorized and directed 
to pay, without reimbursement, $1,000,000 to the Fall River Rural 
Electric Cooperative in reimbursement for environmental protection 
requirements in connection with the development of hydroelectric 
power at the Island Park Dam and Reservoir, Idaho. Such payment 
shall be made on the date the hydroelectric electric power facilities 
are placed in service and shall not affect cost allocations or repay-
ment provisions for the Minidoka Project. 
TITLE III 
DEPARTMENT OF ENERGY 
ENERGY SUPPLY, RESEARCH AND DEVELOPMENT 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 21 for replacement only), $2,527,082,000, to 
remain available until expended, of which $89,842,500 shall be 
available only for the following facilities: Advanced Technology 
Center, Indiana State University; Center for Energy Resources 
Management, University of New Orleans; Biomedical Research 
PUBLIC LAW 101-514—NOV. 5, 1990 
104 STAT. 2089 
Facility, University of Alabama at Birmingham; Biomedical 
Research Facility, Case Western Reserve University; Energy Science 
Research Facility at Boston College; Center for Nuclear Medicine 
Research in Alzheimer's Disease and Related Disorders, Health 
Sciences Center, West Virginia University; Gazes Cardiac Research 
Institute, Medical University of South Carolina; Biomedical Re-
search Institute, Louisiana State University Medical Center, Shreve-
port, Louisiana; the Neurosensory Research Center, Oregon Health 
Sciences University; and the Physical Sciences Center, Fort Hays 
State University, Fort Hays, Kansas: Provided further, That of the 
amount appropriated herein, $5,500,000 shall be available only for 
the Boron Neutron Capture Therapy research program at the Idaho 
National Engineering Laboratory and $7,500,000 shall be available 
only for the modification and operation of the Power Burst Facility 
at the Idaho National Engineering Laboratory, and the Secretary of 
Energy is directed to obligate and expend funds for these activities 
prior to the end of fiscal year 1991. 
URANIUM SUPPLY AND ENRICHMENT ACTIVITIES 
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 facility or for plant or facility acquisition, 
construction, or expansion; purchase of electricity to provide enrich-
ment services; purchase of passenger motor vehicles (not to exceed 
60, of which 46 are for replacement only), $1,340,018,000, to remain 
available until expended: Provided, That revenues received by the 
Department for the enrichment of uranium and estimated to total 
$1,450,400,000, in fiscal year 1991 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 330203) of title 31, United States Code: Provided further. That 
the sum herein appropriated shall be reduced as uranium enrich-
ment revenues are received during fiscal year 1991 so as to result in 
a final fiscal year 1991 appropriation estimated at not more than $0. 
GENERAL SCIENCE AND RESEARCH 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 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 for replacement 
only including one police-type vehicle), $1,148,732,000, to remain 
available until expended. 
-194 O - 91 - 24 : QL 3 Part 3 
104 STAT. 2090 
PUBLIC LAW 101-514—NOV. 5, 1990 
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, $242,833,000, 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) of said Act to issue obligations to the Secretary of the 
Treasury: Provided, That of the amount herein appropriated, within 
available funds, not to exceed $4,146,000, 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, $622,000 is to be available for the University of 
Nevada, Reno for infrastructure studies related to nuclear waste, 
and $207,000 is to be available to the University of Nevada, Las 
Vegas, to carry out transportation studies related to nuclear waste: 
Provided further, That not more than $4,892,000, may be provided to 
affected local governments, as defined in the Act, to conduct appro-
priate 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 none of the funds herein appro-
priated may be used for litigation expenses: Provided further. That 
of the amount appropriated herein, up to $4,146,000 shall be avail-
able for infrastructure studies and other research and development 
work to be carried out by the University of Nevada, Las Vegas 
(UNLV) and the University of Nevada, Reno. 
In paying the amounts determined to be appropriate as a result of 
the decision in Consolidated Edison Company of New York v. 
Department of Energy, 870 F.2d 694 (D.C. Cir. 1989), the Department 
of Energy shall pay interest at a rate to be determined by the 
Secretary of the Treasury and calculated from the date the amounts 
were deposited into the Nuclear Waste Fund. Such payments may 
be made by credits to future utility payments into the fund. 
ISOTOPE PRODUCTION AND DISTRIBUTION PROGRAM FUND 
42 use 2061 
Revenues received hereafter from the disposition of isotopes and 
"o*®- 
related services shall be credited to this account, to be available for 
carrying out the purposes of the isotope production and distribution 
program without further appropriation: Provided, that such reve-
nues and all funds provided under this head in Public Law 101-101 
shall remain available until expended. 
ATOMIC ENERGY DEFENSE ACTIVITIES 
For 
expenses 
of 
the 
Department 
of 
Energy 
activities, 
$10,914,014,000, 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 carrying 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 
PUBLIC LAW 101-514—NOV. 5,1990 
104 STAT. 2091 
of passenger motor vehicles (not to exceed 308 for replacement only 
including 20 police-type vehicles, and purchase of one fixed-wing and 
one rotary-wing aircraft, for replacement only): Provided, That no 
funds in this Act shall be available for the Plutonium Recovery 
Modification project until 30 days after the Secretary of Energy has 
provided to the Congress his review of the Department of Energy's 
modernization report, except for $15,000,000 in operating expenses 
for nonsite specific design activities and activities in support of 
ongoing preparation of the Environmental Impact Statement, sub-
ject to authorization: Provided further. That no funds in this Act 
shall be available for Project 89-D-125, Plutonium Recovery Modi-
fication Project (PRMP), until authorizing legislation therefore is 
enacted into law. 
DEPARTMENTAL ADMINISTRATION 
For salaries and expenses of the Department of Energy necessary 
for Departmental Administration and other activities in carr)dng 
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) $365,095,000, 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 1991 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, 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 1991 so as to result in a 
final fiscal year 1991 appropriation estimated at not more than 
$215,095,000: Provided further. That $1,300,000 of the funds appro-
priated under this heading shall be used to carry out the Reduced 
Enrichment in Research and Test Reactors Program. 
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, $28,421,000, 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, $3,233,000, to 
remain available until expended. 
104 STAT. 2092 
PUBLIC LAW 101-514—NOV. 5, 1990 
BONNEVILLE POWER ADMINISTRATION FUND 
Expenditures from the Bonneville Power Administration Fund, 
established pursuant to Public Law 93-454, are approved for 
expenses of the Yakima Basin Screen Facilities Phase II; and for 
official reception and representation expenses in an amount not to 
exceed $2,500. 
During fiscal year 1991, 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, 
$9,285,000, 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 official 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, $20,107,000, to 
remain available until expended; in addition, notwithstanding the 
provisions of 31 U.S.C. 3302, not to exceed $8,899,000 in reimburse-
ments, to remain available until expended. 
CONSTRUCTION, REHABILITATION, OPERATION AND MAINTENANCE, 
WESTERN AREA POWER ADMINISTRATION 
(INCLUDING TRANSFER OF FUNDS) 
m 
For carrying 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 
resources programs as authorized, including official reception and 
representation expenses in an amount not to exceed $1,500, the 
purchase, maintenance, and operation of one helicopter for replace-
ment only, $293,762,000, to remain available until expended, of 
which $266,101,000 shall be derived from the Department of the 
Interior Reclamation fund; in addition, the Secretary of the Treas-
ury is authorized to trsinsfer from the Colorado River Dam Fund to 
the Western Area Power Administration $4,702,000, 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 in 
the operation of Shasta Dam, Central Valley Project, California, any 
increase in power purchase costs incurred by the Western Area 
Power Administration after January 1, 1986, resulting from bypass 
releases for temperature control purposes to preserve anadromous 
fisheries in the Sacramento River shall be nonreimbursable. 
PUBLIC LAW 101-514—NOV. 5, 1990 
104 STAT. 2093 
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 
authorized by 5 U.S.C. 3109, including the hire of psissenger motor 
vehicles; official reception and representation expenses (not to 
exceed $3,000); $122,750,000, to remain available until expended: 
Provided, That hereafter and notwithstanding any other provision 
42 USC 7171 
of law, not to exceed $122,750,000 of revenues from fees and annual 
"«*«. 
charges, and other services and collections in fiscal year 1991, shall 
be retained and used for necessary expenses in this account, and 
shall remain available until expended: Provided further, That the 
sum herein appropriated shall be reduced as revenues are received 
during fiscal year 1991, so as to result in a final fiscal year 1991 
appropriation estimated at not more than $0: Provided further. That 
the Commission shall, upon the expiration of the one-year contract 
entered into as a result of solicitation No. DE-FB89-RC-00001, 
exercise its right under such contract not to renew the contract. The 
Commission shall solicit new bids, allowing for the submission of 
bids offering to pay the Government to perform stenographic serv-
ices; that is, bonus bids, and shall accept, in accordance with Federal 
acquisition laws and regulations, the bid of a qualified contractor 
that is financially most advantageous to the Government. 
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, $80,000, to 
remain available until expended: Provided, That the indebtedness 
guaranteed or committed to be guaranteed through funds provided 
by this or any other appropriation Act shall not exceed the aggre-
gate of $500,000,000. 
GENERAL 
PROVISIONS—DEPARTMENT 
OF 
ENERGY 
SEC. 301. Appropriations for the Department of Energy under this 
title for the current fiscal year shall be available for hire of pas-
senger motor vehicles; hire, maintenance and operation of aircraft; 
purchase, repair and cleaning of uniforms; and reimbursement to 
the General Services Administration for security guard services. 
From these appropriations, transfers of sums may be made to other 
agencies of the United States Government for the performance of 
work for which this appropriation is made. None of the funds made 
available to the Department of 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. Government 
buildings, equipment, and other contributions from public and pri- property, 
vate sources and to prosecute projects in cooperation with other 
agencies. Federal, State, private, or foreign. 
104 STAT. 2094 
PUBLIC LAW 101-514—NOV. 5, 1990 
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. 
Colleges and 
universities. 
Small 
businesses. 
Women. 
Science and 
technology. 
Education. 
Reports. 
(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 COLLIDER 
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-
cans. For purposes of this section, economically and socially dis-
advantaged individuals shall be deemed to include women. 
Gs) OTHER PARTICIPATION.—The Secretary of Energy 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 Collider 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. 
SEC. 305. Funds appropriated to the Department of Energy may be 
available to carry out programs, including the granting of equip-
ment, to improve mathematics, science, and engineering education 
and skill levels in the United States in order to ensure that a 
continuing supply of technical and scientific workers is available to 
accomplish national and energy security missions. 
SEC. 306. The Secretary is directed, in cooperation with the 
University of Alaska Fairbanks, to determine the capability and 
type of supercomputing facility for research activity conducted by 
the Center for Global Change and Arctic Systems Research and the 
Geophysical Institute, with specific reference to the needs for 
auroral energy research. The Secretary is also directed, in coopera-
tion with the National Center for Atmospheric Research, to deter-
mine the capability and type of supercomputing upgrade needed for 
atmospheric research conducted by the Center. The Secretary shall 
PUBLIC LAW 101-514—NOV. 5, 1990 
104 STAT. 2095 
report the results of such determinations to the Appropriations 
Committees of the House and Senate by March 1,1991. 
TITLE IV 
INDEPENDENT AGENCIES 
APPALACHIAN REGIONAL COMMISSION 
For expenses necessary to carry out the programs authorized by 
40 USC app. 
the Appalachian Regional Development Act of 1965, as amended, 
401 note, 
notwithstanding section 405 of said Act, and for necessary expenses 
for the Federal Cochairman and the alternate on the Appalachian 
Regional 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, 
$170,000,000. 
DEFENSE NUCLEAR FACILITIES SAFETY BOARD 
SALARIES AND EXPENSES 
For necessary expenses of the Defense Nuclear Facilities Safety 
Board in carrying out activities authorized by the Atomic Energy 
Act of 1954, as amended by Public Law 100-456, section 1441, 
$11,000,000, 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 
authorized by law (75 Stat. 716), $224,000. 
CONTRIBUTION TO DELAWARE RIVER BASIN COMMISSION 
For payment of the United States share of the current expenses of 
the Delaware River Basin Commission, £is authorized by law (75 
Stat. 706, 707), $457,000. 
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), $538,000: Provided, That funds herein or hereafter 
appropriated may be used for the local sponsor's share of the study 
cost for the U.S. Army Corps of Engineers' Anacostia River and 
Tributaries study in Maryland and the District of Columbia. 
104 STAT. 2096 
PUBLIC LAW 101-514—NOV. 5, 1990 
NUCLEAR REGULATORY COMMISSION 
SALARIES AND EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
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 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 
expenses (not to exceed $20,000); reimbursements to the General 
Services Administration for security guard services; hire of pas-
senger motor vehicles and aircraft, $461,320,000, to remain available 
until expended, of which $19,650,000 shall be derived from the 
Nuclear Waste Fund: Provided, That from this appropriation, trans-
fer 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 of 1954, 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 shall remain available until expended: 
Provided further, That revenues from licensing fees, inspection 
services, and other services and collections estimated at $153,450,000 
in fiscal year 1991 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 1991 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 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 
1991 appropriation estimated at not more than $307,870,000. 
OFFICE OF INSPECTOR GENERAL 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, including services authorized by 5 U.S.C. 3109, $3,680,000, 
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 
transfers shall be given to the Committees on Appropriations of the 
House and Senate: Provided further. That from this appropriation, 
transfers of sums may be made to other agencies of the Government 
PUBLIC LAW 101-514—NOV. 5, 1990 
104 STAT. 2097 
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 COMMISSION 
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), $211,000. 
CONTRIBUTION TO SUSQUEHANNA RIVER BASIN COMMISSION 
For payment of the United States share of the current expenses of 
the Susquehanna River Basin Commission, as authorized by law (84 
Stat. 1530,1531), $290,000. 
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 payments under section 11 of the 
National Trails System Act, £is amended, $135,000,000, to remain 
available until expended: Provided, That this appropriation and 
other moneys available to the Tennessee Valley Authority may be 
used hereafter for payment of the allowances authorized by section 
5948 of title 5, United States Code. 
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 £is 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 unless such report expressly provides otherwise. 
SEC. 504. The expenditure of any appropriation under this Act for 
any consulting service through procurement contract, pursuant to 
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 
16 use 831b 
note. 
Government 
contracts. 
Public 
information. 
104 STAT. 2098 
PUBLIC LAW 101-514—NOV. 5, 1990 
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 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 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 CFR sec. 
25.101: Provided further. That this section shall not apply to EHV 
power equipment produced or manufactured in a country whose 
government has completed negotiations with the United States to 
extend the GATT Government Procurement Code, or a bilateral 
equivalent, 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 1991 pay 
raises for programs funded by this Act shall be absorbed within the 
levels appropriated in this Act. 
SEC. 509. None of the funds appropriated by this Act may be used 
for the purposes of land acquisition on the Monks Hollow Dam and 
Reservoir, Upper Diamond Fork Pipeline, or Last Chance Power-
plant of the Bonneville Unit of the Central Utah Project. 
42 use 7133 
SEC. 510. Without fiscal year limitation and notwithstanding any 
"°**- 
other provision of law, no funds appropriated or made available 
under this or any other Act now or hereafter shall be used by the 
executive branch to change the employment levels determined by 
the Administrators of the Federal Power Marketing Administra-
tions to be necessary to carry out their responsibilities under the 
Department of Energy Organization Act and related laws, or to 
change the employment levels of other Department of Energy pro-
grams to compensate for employment levels of the Federal Power 
Marketing Administrations. 
41 use 10b note. 
SEC. 511. (a)(1) None of the funds appropriated by this Act may be 
obligated or expended to enter into any contract for the construc-
tion, alteration, or repair of any public building or public work in 
the United States or any territory or possession of the United States 
with any contractor or subcontractor of a foreign country, or any 
PUBLIC LAW 101-514—NOV. 5, 1990 
104 STAT. 2099 
supplier of products of a foreign country, during any period in which 
such foreign country is listed by the United States Trade Represent-
ative under subsection (c) of this section. 
(2) The President or the head of a Federal agency administering 
the funds for the construction, alteration, or repair may waive the 
restrictions of paragraph (1) of this subsection with respect to an 
individual contract if the President or the head of such agency 
determines that such action is necessary for the public interest. The 
authority of the President or the head of a Federal agency under 
this paragraph may not be delegated. The President or the head of a 
Federal agency waiving such restrictions shall, within 10 days, 
publish a notice thereof in the Federal Register describing in detail 
the contract involved and the reason for granting the waiver. 
(b)(1) Not later than May 1, 1991, the United States Trade Rep-
resentative shall make a determination with respect to each foreign 
country of whether such foreign country— 
(A) denies fair and equitable market opportunities for prod-
ucts and services of the United States in procurement, or 
(B) denies fair and equitable market opportunities for prod-
ucts and services of the United States in bidding, 
for construction projects that cost more than $500,000 and are 
funded (in whole or in part) by the government of such foreign 
country or by an entity controlled directly or indirectly by such 
foreign country. 
(2) In making determinations under paragraph (1), the United 
States Trade Representative shall take into account information 
obtained in preparing the report submitted under section 181(b) of 
the Trade Act of 1974 and such other information or evidence 
concerning discrimination in construction projects against United 
States products and services that are available. 
(c)(1) The United States Trade Representative shall maintain a list 
of each foreign country which— 
(A) denies fair and equitable market opportunities for prod-
ucts and services of the United States in procurement, or 
(B) denies fair and equitable market opportunities for prod-
ucts and services of the United States in bidding, 
for construction projects that cost more than $500,000 and are 
funded (in whole or in part) by the government of such foreign 
country or by an entity controlled directly or indirectly by such 
foreign country. 
(2) Any foreign country that is initially listed or that is added to 
the list maintained under paragraph (1) shall remain on the list 
until— 
(A) such country removes the barriers in construction projects 
to United States products and services; 
(B) such country submits to the United States Trade Rep-
resentative evidence demonstrating that such barriers have 
been removed; and 
(C) the United States Trade Representative conducts an inves-
tigation to verify independently that such barriers have been 
removed and submits, at least 30 days before granting any such 
waiver, a report to each House of the Congress identifying the 
barriers and describing the actions taken to remove them. 
(3) The United States Trade Representative shall publish in the 
Federal Register the entire list required under paragraph (1) and 
shall publish in the Fedreal Register any modifications to such list 
that are made after publication of the original list. 
President. 
Federal 
Register, 
publication. 
Reports. 
Federal 
Register, 
publication. 
104 STAT. 2100 
PUBLIC LAW 101-514—NOV. 5, 1990 
(d) For purposes of this section— . 
(1) The term 
"foreign 
country" includes any 
foreign 
instrumentality. Each territory or possession of a foreign coun-
try that is administered separately for customs purposes shall 
be treated as a separate foreign country. 
(2) Any contractor or subcontractor that is a citizen or 
national of a foreign country, or is controlled directly or in-
directly by citizens or nationals of a foreign country, shall be 
considered to be a contractor or subcontractor of such foreign 
country. 
(3) Subject to paragraph (4), any product that is produced or 
manufactured (in whole or in substantial part) in a foreign 
country shall be considered to be a product of such foreign 
country. 
(4) The restrictions of subsection (aXl) shall not prohibit the 
use, in the construction, alteration, or repair of a public build-
ing or public work, of vehicles or construction equipment of a 
foreign country. 
(5) The terms "contractor" and "subcontractor" include any 
person performing any architectural, engineering, or other serv-
ices directly related to the preparation for or performance of the 
construction, alteration, or repair. 
(e) Paragraph (a)(1) of this section shall not apply to contracts 
entered into prior to the date of enactment of this Act. 
(f) The provisions of this section are in addition to, and do not 
limit or supersede, any other restrictions contained in any other 
Federal law. 
This Act may be cited as the "Energy and Water Development 
Appropriations Act, 1991". 
Approved November 5, 1990. 
LEGISLATIVE HISTORY—H.R. 5019: 
HOUSE REPORTS: No. 101-536 (Ctomm. on Appropriations) and No. 101-889 (Comm. 
of Conference). 
SENATE REPORTS: No. 101-378 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
June 19, considered and passed House. 
Aug. 1, 2, considered and passed Senate, amended. 
Oct. 19, House agreed to conference report; receded and concurred in certain 
Senate amendments, in others with amendments. Senate agreed to 
conference report; concurred in House amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990): 
Nov. 5, Presidential statement.