101st CONGRESS
1st Session
H. R. 2696
AMENDMENTS
HR 2696 EAS
In the Senate of the United States,
July 27 (legislative day, January 3), 1989.
Resolved, That the bill from the House of Representatives (H.R. 2696)
entitled `An Act making appropriations for energy and water development
for the fiscal year ending September 30, 1990, and for other purposes',
do pass with the following
AMENDMENTS:
( 1 ) Page 2, line 16, strike out  [Struck out->][ $123,312,000 ][<-Struck
out]  and insert: $131,086,000
( 2 ) Page 2, line 21, strike out all after `specified:' over to and
including `$100,000' in line 8 on page 3, and insert:
Rillito River, Arizona, $350,000;
Antelope Creek, Lincoln, Nebraska, $10,000;
Elm Creek, Nebraska, $75,000
: Provided further, That not to exceed $26,500,000 shall be available for
obligation for research and development activities
( 3 ) Page 3, line 8, strike out all after `$100,000' over to and including
`pense' in line 15 of page 4.
( 4 ) Page 4, line 22, strike out all after `Program' over to and including
`construction' in line 3 on page 5.
( 5 ) Page 5, line 10, strike out all after `1986' down to and including
`problems' in line 23.
( 6 ) Page 5, line 23, strike out  [Struck out->][ $45,000 ][<-Struck out]
and insert: $90,000
( 7 ) Page 6, line 3, strike out all after `area' down to and including
`1990' in line 8 and insert: : Provided further, That the Secretary of the
Army, acting through the Chief of Engineers, is directed to utilize funds
previously appropriated to prepare the most cost effective plan to provide
the authorized level of protection for flood damage reduction for the entire
city of West Memphis, Arkansas, and vicinity, without regard to frequency of
flooding, drainage area, and amount of runoff: Provided further, That the
Secretary of the Army, acting through the Chief of Engineers, is directed
to utilize previously appropriated funds together with funds appropriated
herein to complete in fiscal year 1990 the engineering and design on the
Port Sutton Channel, Tampa Harbor, Florida project: Provided further,
That the Secretary of the Army, acting through the Chief of Engineers, is
directed to use $500,000 of the funds appropriated herein for preconstruction
engineering and design of structures to restore the riverbed gradient in the
vicinity of Mile 206 of the Sacramento River, California in accordance with
the plan contained in a Final Feasibility Report, dated 1989, by the Glenn
Colusa Irrigation District and the California Department of Fish and Game,
on Fish Protection and Gradient Control Facilities
( 8 ) Page 6, line 8, strike out after `1990' insert: : Provided further,
That the Secretary of the Army, acting through the Chief of Engineers,
is directed to use $250,000 of the funds appropriated under this heading
for a comprehensive reconnaissance study to determine what improvements in
the interest of water quality and environmental enhancement are advisable
for Onondaga Lake, New York
( 9 ) Page 6, line 18, strike out  [Struck out->][ $1,026,112,000 ][<-Struck
out]  and insert: $1,022,770,000
( 10 ) Page 6, line 25, strike out all after `fied:' over to and including
`$8,200,000' in line 23 on page 7, and insert:
Beaver Lake, Arkansas, $1,100,000;
Red River Emergency Bank Protection, Arkansas and Louisiana, $2,000,000;
Manatee County, Florida, $5,000,000;
Maalaea Small Boat Harbor, Hawaii, $600,000;
Little Calumet River, Indiana, $2,400,000;
Ouchita River Levees, including Bawcomville Levee, Louisiana, $400,000;
Westwego to Harvey Canal; Louisiana, Hurricane Protection, $1,100,000;
Atlantic Coast of Maryland, Maryland, $8,200,000;
Cape Girardeau-Jackson, Missouri, $500,000;
Missouri National Recreation River, Nebraska and South Dakota, $620,000;
Papillion Creek and Tributaries, Nebraska, $2,500,000;
Great Egg Harbor Inlet and Peck Beach, New Jersey, $250,000;
Shinnecock Inlet, New York, $5,300,000;
Roanoke River Upper Basin, Virginia, $200,000
( 11 ) Page 7, line 23, strike out  [Struck out->][ $6,000,000 ][<-Struck
out]  and insert: $2,700,000
( 12 ) Page 8, line 7, strike out  [Struck out->][ $20,000,000 ][<-Struck
out]  and insert: $18,200,000
( 13 ) Page 8, line 15, after `contracts' insert: : Provided further, That
with $7,850,000 of the funds herein appropriated to remain available until
expended, the Secretary of the Army, acting through the Chief of Engineers,
is directed to undertake structural and nonstructural flood protection
measures at Matewan, West Virginia
( 14 ) Page 8, line 17, after `Kentucky,' insert: Matawan, West Virginia,
( 15 ) Page 8, line 19, strike out all after `project' over to and including
`99-662' in line 24 on page 9.
( 16 ) Page 10, line 8, strike out all after `89-298' down to and including
`1986' in line 15.
( 17 ) Page 11, line 1, after `100-371' insert: and the Act making further
continuing appropriations for the fiscal year ending September 30, 1988,
Public Law 100-202: Provided further, That the Secretary of the Army, acting
through the Chief of Engineers, is directed to use $9,900,000 of the total
sum appropriated herein for design, testing, and construction in fiscal year
1990 of juvenile fish bypass facilities at the Little Goose, Lower Granite,
McNary, Lower Monumental, Ice Harbor and The Dalles projects on the Columbia
and Snake Rivers as described in the report accompanying this Act
( 18 ) Page 11, line 10, strike out all after `99-662' over to and including
`202' in line 4 on page 12.
( 19 ) Page 12, line 4, after `202' insert: : Provided further, That the
Secretary of the Army, acting through the Chief of Engineers, is directed to
use $500,000 of the funds appropriated herein to complete a reassessment of
the Manteo (Shallowbag) Bay, North Carolina, project, including a reanalysis
of a sand-bypass system and the effect of stabilization measures undertaken
by the State of North Carolina on the overall project
( 20 ) Page 12, line 5, strike out  [Struck out->][ $13,000,000 ][<-Struck
out]  and insert: $3,000,000
( 21 ) Page 12, line 9, strike out  [Struck out->][ June 21, 1985 ][<-Struck
out]  and insert: June 21, 1984
( 22 ) Page 12, line 11, strike out all after `Iowa' over to and including
line 3 on page 14 and insert: ; and, in addition, $101,800,000, to remain
available until expended, is hereby appropriated for construction of the
Red River Waterway, Mississippi River to Shreveport, Louisiana, project
and for compliance with the directions given to the Secretary of the
Army in the fiscal year 1988 and 1989 Energy and Water Development Acts,
Public Laws 100-202 and 100-371 respectively, regarding the construction
of this project, and the Secretary is directed to use $2,000,000 to award
continuing contracts in fiscal year 1990 for construction and completion
of Lock and Dam 4, Phase I, and Lock and Dam 5, Phase I; and of which
$2,500,000 shall be used to acquire up to five thousand acres of land in
the vicinity of the Stumpy Lake/Swan Lake/Loggy Bayou Wildlife Management
area as part of the lands for the Red River Waterway project; and with
funds provided in this title or previously appropriated to the Corps of
Engineers, the Secretary further is directed to fund previously awarded
and directed construction contracts and to award continuing contracts in
fiscal year 1990 for construction and completion of each of the following
features of the Red River Waterway: in Pool 1, Vick Revetment Extension;
Saline Bend Dikes, Blakewood, Pump Bayou, and Grand Lakes Reinforcement
and Dikes. The Federal cost for construction of the Louisiana and Arkansas
Railway Bridge near Alexandria, Louisiana, authorized in Public Law 98-181
shall be increased to a limitation of $25,770,000 (July 1, 1983 price levels)
in order to avoid disruption of the Colfax Creosoting Company.
( 23 ) Page 14, line 11, strike out  [Struck out->][ $342,186,000 ][<-Struck
out]  and insert: $335,970,000
( 24 ) Page 15, line 2, strike out all after `4124)' down to and including
`1991' in line 8 and insert: : Provided further, That using previously
appropriated funds, the Secretary of the Army, acting through the Chief
of Engineers, is directed to reimburse the local interest for the Federal
share of the cost of relocation of U.S. Highway 71 bridge in St. Landry
Parish, Louisiana carried out by local interests as authorized by section
824 of Public Law 99-662: Provided further, That the Secretary of the Army,
acting through the Chief of Engineers, is directed to utilize $2,500,000
of previously appropriated funds to initiate and complete construction of
a land size seepage berm to correct a project deficiency at the Mississippi
River, Memphis Harbor, Tennessee
( 25 ) Page 15, line 19, strike out  [Struck out->][ $1,382,081,000 ][<-Struck
out]  and insert: $1,396,104,000
( 26 ) Page 15, line 22, strike out  [Struck out->][ $20,000,000 ][<-Struck
out]  and insert: such sums estimated at $60,000,000
( 27 ) Page 16, line 1, strike out  [Struck out->][ 4601 ][<-Struck out]
and insert: 460l
( 28 ) Page 16, line 8, strike out all after `programs' down to and including
`project' in line 20, and insert: : Provided further, That all revenues from
additional use fee collections estimated at $40,000,000 in fiscal year 1990
shall be retained and used for construction, operation, and maintenance of
recreation facilities in this account, notwithstanding the provisions of
the Land and Water Conservation Act of 1965, as amended (16 U.S.C. 460l),
and shall remain available until expended: Provided further, That the sum
herein appropriated shall be reduced by the amount of additional revenues
received from such fees and collections, so as to result in a final fiscal
year 1990 appropriation estimated at $1,356,104,000
( 29 ) Page 16, after line 25, insert:
Revolving Fund
For continued acquisition of the Corps of Engineers Automation Plan,
$10,000,000, to remain available until expended. (33 U.S.C. 576).
( 30 ) Page 17, line 8, strike out  [Struck out->][ $127,300,000 ][<-Struck
out]  and insert: $128,800,000
( 31 ) Page 17, strike out all after line 23, over to and including line 10,
on page 18.
( 32 ) Page 18, after line 10, insert:

248b8167cdc5f7ab9cea56b30b243cea82f84b98f12e78c1055f51aade40d7eb

1968 (82 Stat. 746; 16 U.S.C. 460d-3) is amended to read:
`Notwithstanding section 4(b) of the Land and Water Conservation Fund Act
of 1965, as amended (78 Stat. 897; 16 U.S.C. 460l-6a(b)), the Secretary of
the Army is authorized to charge fees for the use of specialized recreation
sites and facilities, including, but not limited to, improved campsites,
swimming beaches, and boat launching ramps; however, the Secretary shall not
charge fees for the use or provision of drinking water, wayside exhibits,
general purpose roads, overlook sites, toilet facilities, or general visitor
information. The fees shall be deposited into the special Treasury account
for the Corps of Engineers that was established by section 4(i) of the Land
and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-6a(i)).'.
Section 4 of the Land and Water Conservation Fund Act of 1965, as amended
(78 Stat. 897; 16 U.S.C. 460l-6a) is further amended by: (1) deleting
the next to the last sentence of subsection (b); (2) inserting the words
`except the Corps of Engineers' after the words `each agency' in subsection
(i)(2); (3) inserting the words `and the Corps of Engineers' after the words
`National Park Service' in subsection (i)(3); and (4) adding a new subsection
(i)(5) as follows: `(5) Amounts covered into the special account for the
Corps of Engineers shall be available immediately, upon appropriation,
by the Secretary of the Army, to be used for construction, operation,
maintenance, and enhancement of and research related to, water resources
development areas administered by the Department of the Army that are used
in whole or in part for recreation purposes.'.
( 33 ) Page 20, strike out lines 10 to 20.
( 34 ) Page 20, strike out all after line 20 over to and including line 2
on page 21.
( 35 ) Page 21, line 3, strike out  [Struck out->][ 109 ][<-Struck out]
and insert: 107
( 36 ) Page 21, line 9, strike out  [Struck out->][ 110 ][<-Struck out]
and insert: 108
( 37 ) Page 21, after line 22, insert:

ba1c2b9eb78ae578ab89b97b7f451bcd59f82557ca8f4aa5f918af5aba6e3c11

of 1986 (Public Law 99-662) under the heading `Roanoke River Upper Basin,
Virginia' (100 Stat. 4126) is amended by striking out `$21,000,000' and all
that follows in that paragraph and inserting in lieu thereof `$29,000,000,
with an estimated first Federal cost of $17,700,000 and an estimated first
non-Federal cost of $11,300,000, October 1988 price levels.'.
( 38 ) Page 21, after line 22, insert:

00648cb4483d2066d54d753cd09fef3a5d4ab9a27ceb78c5c4dfdc93c041f9b1

and Washington, authorized by the Supplemental Appropriations Act of 1985
(Public Law 99-88), the Water Resources Development Act of 1986 (Public Law
99-662), and the Supplemental Appropriations Act of 1989 (Public Law 101-45),
is modified to authorize the Secretary of the Army to make available and
deliver to the following Oregon and Washington ports: Port of The Dalles,
Oregon; Port of Hood River, Oregon; Port of Cascade Locks, Oregon; Port of
Klickitat, Washington; and Port of Skamania, Washington, excavated material
surplus to the needs of the project as determined and conditioned by the
Secretary of the Army without cost to the ports for such material.
The Secretary, or his designee, shall not make such excavated material
available until each port has entered into a written agreement: (1) to
provide disposal sites at no cost to the government or its agents or its
contractors; (2) to provide without charge or fee all disposal site work
necessary for placement of the excavated materials as it becomes available
for disposal; (3) to provide all disposal site work during disposal of
the excavated material such as spreading, compacting and protection of
in-water fills but not including off-loading from either truck or barge;
(4) obtain all required State and Federal permits; and (5) to hold and
save harmless the government from all damages, contractual or otherwise
from the ports, but not from third-party claims.
Actions taken pursuant to this modification shall not affect the
environmental studies and approvals which have been completed for the
project.
( 39 ) Page 21, after line 22, insert:

a6c2e35b7cd3924f0dfe204742c3fedc26482e073a34198a01f3dbbe22946ced

(102 Stat. 4021-4022) is amended by adding at the end of subparagraph
(3)(E) the following new subparagraph:
`(F) Upon transfer of OMR&R responsibility to the city in accordance with
the provisions of this subsection, the Secretary shall further modify the
project contract to forgive the city's OMR&R payment obligations in excess of
$200,000 for the period beginning October 1, 1988, and ending September 30,
1989: Provided, That the total amount forgiven shall not exceed $600,000.'.
( 40 ) Page 21, after line 22, insert:

e77276d49777fab31ca46914d92fe3c2f94f3771e035172787f6f8b7d7c9f5ab

Creek Basin Project in Nebraska shall, on and after the date of enactment of
this Act, be known and designated as the `Ed Zorinsky Lake and Recreation
Area'. Any reference to the area containing such dam site and its lake
and surroundings in any law, regulation, map, document, record, or other
paper of the United States shall be considered to be a reference to the
Ed Zorinsky Lake and Recreation Area.
( 41 ) Page 21, after line 22, insert:

22f5ba7e22cd7cf49788ce4be6ce2cd293a79d7d2c51b50447641459655910d4

for flood damage prevention, along the Rillito River, Pima County, Arizona,
is authorized for construction in accordance with the plans described in
the report of the Chief of Engineers dated January 22, 1988, at a total
cost of $19,600,000 with an estimated first Federal cost of $14,600,000.
( 42 ) Page 22, line 15, strike out  [Struck out->][ $11,230,000 ][<-Struck
out]  and insert: $11,330,000
( 43 ) Page 23, line 9, strike out  [Struck out->][ $661,008,000 ][<-Struck
out]  and insert: $662,120,000
( 44 ) Page 26, line 3, after `expended' insert: : Provided further,
That the Secretary of the Interior shall utilize $15,000,000 appropriated
herein to compensate the Strawberry Water Users Association as authorized
by section 4 of Public Law 100-563
( 45 ) Page 26, line 16, strike out  [Struck out->][ 4601-6a ][<-Struck out]
and insert: 460l-6a
( 46 ) Page 29, line 16, strike out  [Struck out->][ 4601-6a ][<-Struck out]
and insert: 460l-6a
( 47 ) Page 32, after line 2, insert:
The Bureau of Reclamation may hereafter accept the services of volunteers
and, from any funds available to it, provide for their incidental expenses
to carry out any activity of the Bureau of Reclamation except policymaking or
law or regulatory enforcement. Such volunteers shall not be deemed employees
of the United States Government, except for the purposes of chapter 81
of title 5 of the United States Code relating to compensation for work
injuries, and shall not be deemed employees of the Bureau of Reclamation
except for the purposes of tort claims to the same extent as a regular
employee of the Bureau of Reclamation would be under identical circumstances.
( 48 ) Page 33, strike out all after line 23, over to and including line
2 on page 34.
( 49 ) Page 34, line 3, strike out  [Struck out->][ 206 ][<-Struck out]
and insert: 205
( 50 ) Page 34, strike out all after line 19, down to and including
`University' in line 23, and insert: $2,215,466,000 to remain available
until expended, of which $20,000,000 shall be available only for the
following facilities: the Biomedical Research Institute, LSU Medical Center
at Shreveport, Louisiana, and the Oregon Health Science University
( 51 ) Page 34, line 23, after `University' insert: ; and of which $3,300,000
shall be available only for the Reduced Enrichment in Research and Test
Reactors program and not for program termination activities
( 52 ) Page 35, line 10, after `expansion;' insert: : Purchase of electricity
to provide enrichment services or purchase of enriched uranium from the
Federal Republic of Germany whichever will minimize apprporiations;
( 53 ) Page 35, line 11, strike out  [Struck out->][ $1,445,000,000 ][<-Struck
out]  and insert: $1,428,000,000
( 54 ) Page 36, line 12, strike out  [Struck out->][ $1,062,431,000 ][<-Struck
out]  and insert: $1,114,431,000
( 55 ) Page 36, line 12, after `expended' insert: : Provided, That none of
the funds provided in this Act for the Superconducting Super Collider shall
be available to finalize or implement any agreements for either in-kind or
direct contributions from foreign countries until a full report on such
international contributions has been provided to the Congress, unless
the President or Secretary of Energy certify in writing that it is in the
national interest of the United States to implement such an agreement. Funds
available for the Superconducting Super Collider may be utilized to prepare
agreements to allow the above report to Congress to be formulated
( 56 ) Page 36, strike out lines 14 to 25 and insert:
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, $350,000,000, to remain available until expended,
to be derived from the Nuclear Waste Fund. To extent that balances in the
fund are not sufficient to cover amounts available for obligation in the
account, the Secretary shall exercise his authority pursuant to section
302(e)(5) to issue obligations to the Secretary of the Treasury: Provided,
That any proceeds resulting from the sale of assets purchased from the
Nuclear Waste Fund shall be returned to the Nuclear Waste Fund: Provided
further, That of the amount herein appropriated not to exceed $5,000,000,
may be provided to the State of Nevada, for the conduct of its oversight
responsibilities pursuant to the Nuclear Waste Policy Act of 1982, Public
Law 97-425, as amended, of which $1,000,000 is to be available for the
University of Nevada-Reno to carry out intrastructure studies related
to nuclear waste, and of which not more than $1,000,000 may be expended
for geology and hydrology studies carried out by the University of Nevada
system and not more than $1,000,000 may be expended for socioeconomic and
transportation studies: Provided further, That not more than $6,000,000,
may be provided to the State of Nevada, at the discretion of the Secretary
of Energy, to conduct appropriate activities pursuant to the Act: Provided
further, That not more than $5,000,000, may be provided to affected local
governments, as 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 legislative
action on any matter pending before Congress or a State legislature or for
any lobbying activity as provided in 18 U.S.C. 1913: Provided further,
That of the amount appropriated herein, up to $10,000,000 shall be made
available to the University of Nevada, Las Vegas (UNLV), to provide computing
resource to the State of Nevada to carry out its independent analyses and
oversight responsibilities under the Nuclear Waste Policy Act of 1982 and
for use by UNLV. The funds shall be made available by direct payment to
UNLV in the amount of the purchase price of a supercomputer or coupled
minisupercomputers. UNLV shall take title to and assume ownership of the
computer hardware and software that are purchased with these funds.
( 57 ) Page 38, line 3, strike out  [Struck out->][ $9,692,300,000 ][<-Struck
out]  and insert: $9,554,098,000
( 58 ) Page 38, line 3, after `$9,692,300,000,' insert: of which
$1,597,031,000 is for Defense Waste and Environmental Restoration activities
including $658,467,000 for Waste Operations and Projects,
( 59 ) Page 38, line 20, strike out  [Struck out->][ $358,734,000 ][<-Struck
out]  and insert: $354,297,000
( 60 ) Page 39, line 12, strike out  [Struck out->][ $208,734,000 ][<-Struck
out]  and insert: $204,297,000
( 61 ) Page 41, line 13, strike out  [Struck out->][ below-average ][<-Struck
out]  and insert: below normal
( 62 ) Page 41, line 14, strike out all after `tion.' down to and including
`occurred.' in line 16.
( 63 ) Page 45, strike out line 4.
( 64 ) Page 46, strike out lines 6, 7, and 8, and insert: and colleges
and universities having a student body in which more than 20 percent of
the students are Hispanic Americans, or Native Americans. For purposes of
this section, economically and socially disadvantaged individuals shall be
deemed to include women.
( 65 ) Page 47, line 4, strike out  [Struck out->][ $110,000,000 ][<-Struck
out]  and insert: $150,000,000
( 66 ) Page 47, line 10, strike out  [Struck out->][ $10,000,000 ][<-Struck
out]  and insert: $7,000,000
( 67 ) Page 48, line 6, strike out  [Struck out->][ $100,000 ][<-Struck out]
and insert: $300,000
( 68 ) Page 51, line 9, strike out  [Struck out->][ $121,000,000 ][<-Struck
out]  and insert: $113,000,000
( 69 ) Page 52, line 11, after `509,' insert: including not to exceed
$12,500 for official reception and representation expenses; including
not to exceed $300,000 for services as authorized by 5 U.S.C. 3109(b),
but at rates which the Board considers reasonable, not withstanding any
other provision of law limiting such compensation,
( 70 ) Page 52, line 25, after `100-119' insert: unless such report expressly
provides otherwise
( 71 ) Page 55, after line 5, insert:

fa796f71b47809499e89f95a6ab060362e143522b8f5c0b9352ec9e38ee6a64e

this Act may be obligated or expended for the procurement of advisory or
assistance services by the Department of Energy.
(b)(1) Not later than twenty days after the end of each fiscal quarter,
the Secretary of Energy shall (A) submit to Congress a report on the
amounts obligated and expended by the department during that quarter for
the procurement of advisory and assistance service, and (B) transmit a
copy of such report to the Comptroller General of the United States.
(2) Each report submitted under paragraph (1) shall include a list with
the following information:
(A) All contracts awarded for the procurement of advisory and assistance
services during the quarter and the amount of each contract.
(B) The purpose of each contract.
(C) The justification for the award of each contract and the reason the
work cannot be performed by civil servants.
(c) The Comptroller General of the United States shall review the reports
submitted under subsection (b) and transmit to Congress any comments and
recommendations the Comptroller General considers appropriate regarding
the matter contained in such reports.
Attest:
Secretary.
HR 2696 EAS----2
HR 2696 EAS----3
HR 2696 EAS----4

01610db8ffcfe49b5216525fb56e1bb6d203ca00fd4398395a56c0e8c2390f38

Energy and Water Development Appropriations Act, 1990

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