101st CONGRESS
2d Session
H. R. 5019
AMENDMENTS
HR 5019 EAS
In the Senate of the United States,
August 2 (legislative day, July 10), 1990.
Resolved, That the bill from the House of Representatives (H.R. 5019)
entitled `An Act making appropriations for energy and water development
for the fiscal year ending September 30, 1991, and for other purposes'
do pass with the following
AMENDMENTS:
( 1 ) Page 2, line 17, strike out  [Struck out->][ $167,847,000 ][<-Struck
out]  and insert: $153,335,000
( 2 ) Page 2, strike out line 22
( 3 ) Page 2, line 24, strike out  [Struck out->][ $2,000,000 ][<-Struck
out]  and insert: $1,000,000
( 4 ) Page 2, strike out line 25
( 5 ) Page 3, line 2, strike out  [Struck out->][ $220,000 ][<-Struck out]
and insert: $100,000
( 6 ) Page 3, line 3, strike out  [Struck out->][ $600,000; ][<-Struck out]
and insert: $300,000
( 7 ) Page 3, strike out lines 4 to 12
( 8 ) Page 3, line 23, after `agencies,' insert: including the Department
of Energy,
( 9 ) Page 3, line 25, after `system' insert: : 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 activities are hereby authorized for expenditure only in
accordance with the directions contained in Senate Report 101-83 and House
Report 101-235
( 10 ) Page 4, line 4, strike out all after `study' down to and including
`report' in line 8
( 11 ) Page 4, line 15, after `project' insert: : 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 1992 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
further, That using $270,000 of funds appropriated herein, the Secretary of
the Army, acting through the Chief of Engineers, is directed to undertake
engineering and design of the Bethel, Alaska bank stabilization project
( 12 ) Page 4, line 15, after `project' insert: : Provided further, That the
Secretary of the Army acting through the Chief of Engineers, is directed to
use $60,000 of the funds appropriated herein to complete the Village Creek,
Taylor Bay, Arkansas (sec. 216) study
( 13 ) Page 4, line 15, after `project' insert: : Provided further, That
with $450,000 of the funds provided herein, the Secretary of the Army,
acting through the Chief of Engineers, is directed to initiate and expedite
a mitigation study for the Jackson Hole Wyoming Flood Protection project
(Public Law 516).
( 14 ) Page 4, line 25, strike out  [Struck out->][ $1,300,389,000 ][<-Struck
out]  and insert: $,215,407,000
( 15 ) Page 5, line 10, strike out  [Struck out->][ $4,100,000 ][<-Struck
out]  and insert: $2,000,000
( 16 ) Page 5, line 12, strike out  [Struck out->][ $6,000,000 ][<-Struck
out]  and insert: $2,000,000
( 17 ) Page 5, strike out lines 13, 14, and 15
( 18 ) Page 5, strike out lines 17 to 20
( 19 ) Page 6, line 13, after `contracts' insert: : Provided 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 cost sharing principles of Public Law 99-662 using
continuing contracts
( 20 ) Page 6, line 16, after `Kentucky,' insert: and lower Mingo County,
West Virginia,
( 21 ) Page 6, line 17, after `project' insert: : 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
( 22 ) Page 6, line 23, strike out  [Struck out->][ and Wallisville Lake,
Texas, projects ][<-Struck out]  and insert: project
( 23 ) Page 7, line 10, strike out all after `in-kind' down to and including
`1989' in line 17
( 24 ) Page 7, line 25, strike out all after `1990' over to and including
`percent' in line 5 on page 8
( 25 ) Page 8, line 17, strike out  [Struck out->][ $300,000 ][<-Struck out]
and insert: $975,000
( 26 ) Page 8, line 19, strike out  [Struck out->][ authorized and
][<-Struck out]
( 27 ) Page 9, line 1, after `purposes' insert: : 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 east shoreline
of McGregor Park in the city of Clarksville, Tennessee, on Lake Barkley,
under the authority of section 14 of Public Law 79-526
( 28 ) Page 9, line 1, after `purposes' insert: : Provided further, That using
$970,000 of funds appropriated herein, the Secretary of the Army is directed
to relocate the Southeast Light on Block Island, Rhode Island to a more
suitable location, subject to enactment into law of authorizing legislation
( 29 ) Page 9, line 10, strike out all after `design;' down to and including
`project' in line 13, and insert: and, in addition, $92,636,000, to remain
available until expended, 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 Revetment
( 30 ) Page 9, line 13, after `project' insert: : 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 construction 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
( 31 ) Page 9, line 20, strike out  [Struck out->][ $342,731,000 ][<-Struck
out]  and insert: $338,993,000
( 32 ) Page 11, line 5, after `provision', insert: : Provided 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 accomplish at Federal expenses;
and, in addition, the Bayou Rapides Drainage Structure and Pumping Plant
is to be included as a feature of the Flood Control, Missippi River and
Tributaries, Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri,
and Tennessee project, Lower Red River, South Bank Levee
( 33 ) Page 11, line 16, strike out  [Struck out->][ $1,457,488,000 ][<-Struck
out]  and insert: $1,408,791,000
( 34 ) Page 11, line 23, strike out  [Struck out->][ $3,630,000 ][<-Struck
out]  and insert: $2,000,000
( 35 ) Page 12, line 2, strike out all after `region' down to and including
`project' in line 20, and insert: : 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 Huntingdon 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
( 36 ) Page 12, line 25, strike out all after `Dakota' over and including
`Oklahoma' in line 2 on page 14
( 37 ) Page 14, line 4, after `programs' insert: : 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
( 38 ) Page 14, line 14, strike out  [Struck out->][ $25,000,000 ][<-Struck
out]  and insert: $20,000,000
( 39 ) Page 14,  line 23, after `expended' insert: : Provided, That the
Secretary of the Army, acting through the Chief of Engineers, is directed to
complete the conceptual study of potential field organization structures
in accordance with Senate Report 101-83 and Conference Report 101-235
accompanying Public Law 101-101
( 40 ) Page 15, strike out lines 18 to 22, and insert:

527e59bc7f1852172cc115ee7d95801cd36ecd20e3b6d37d132ede055a169d97

1988, Public Law 100-676, is amended by striking `September 30, 1989,
provided that the total amount forgiven shall not exceed $600,000.' and
inserting in lieu thereof `June 30, 1990.'.
( 41 ) Page 16, strike out lines 9 to 15
( 42 ) Page 16, line 16, strike out  [Struck out->][ 104 ][<-Struck out]
and insert: 103
( 43 ) Page 17, line 1, strike out  [Struck out->][ 105 ][<-Struck out]
and insert: 104
( 44 ) Page 17, after line 10, insert:

f6e8e30b00c2ad01baa799c537b916427975b123134a33402ae4ba9ea7f69da8

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.
( 45 ) Page 17, after line 10, insert:
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 Representatives, on December 17, 1970, and December
15, 1970, respectively, in accordance with the provisions of section 201 of
Flood Control Act of 1965 (Public Law 84-298) is modified substantially in
accordance with the Supplemental Phase II General Design Memorandum 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.
( 46 ) Page 17, line 25, strike out  [Struck out->][ $12,926,000 ][<-Struck
out]  and insert: $12,521,000
( 47 ) Page 18, line 19, strike out  [Struck out->][ $649,697,000 ][<-Struck
out]  and insert: $641,027,000
( 48 ) Page 18, line 22, strike out  [Struck out->][ $185,768,000 ][<-Struck
out]  and insert: $182,268,000
( 49 ) Page 28, strike out all after line 12, over to and including line
2 on page 29
( 50 ) Page 29, strike out all after line 2 over to and including line 2
on page 31
( 51 ) Page 31, after line 2, insert:

e27f51134d25d99b91df337fc4699f59f924f9c1e0fcb25f64588fa72555f825

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 repayment provisions for the Minidoka Project.
( 52 ) Page 31, line 17, strike out  [Struck out->][ $2,703,272,000 ][<-Struck
out]  and insert: $2,745,615,000
( 53 ) Page 31, strike out all after line 17, over to and including line 3 on
page 32, and insert: $45,000,000 shall be available only for the following
facilities: 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 Research Institute, Louisiana State University Medical Center,
Sheveport, Louisiana; the Neurosensory Research Center, Oregon Health Sciences
University; and the Physical Sciences Center, Fort Hays State University,
Fort Hays, Kansas.
( 54 ) Page 32, line 3, after `College' insert: : Provided further, That
of the amount appropriated herein, $6,000,000 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.
( 55 ) Page 32, line 16, strike out  [Struck out->][ $1,406,018,000 ][<-Struck
out]  and insert: $1,340,018,000
( 56 ) Page 32, line 18, strike out  [Struck out->][ $1,530,500,000 ][<-Struck
out]  and insert: $1,450,400,000
( 57 ) Page 33, strike out all after line 15 over to and including line 10
on page 34, 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, $292,833,000, 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 $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, $750,000
is to be available for the University of Nevada, Reno for infrastructure
studies related to nuclear waste, and $250,000 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 $5,900,000,
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 none of the funds herein appropriated
may be used for litigation expenses: Provided further, That of the amount
appropriated herein, up to $5,000,000 shall be available 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.
( 58 )  Page 34, line 22 stike out  [Struck out->][ $10,915,148,000 ][<-Struck
out]  and insert: $10,980,258,000
( 59 )  Page 35, line 12, after `report' insert:, except for $15,000,000
for nonsite specific design activities and activities in support of ongoing
preparation of the Environmental Impact Statement, subject to authorization:
Provided further, That no funds in this Act shall be available for Project
89-D-125, Plutonium Recovery Modification Project (PRMP), until authorizing
legislation therefore is enacted into law
( 60 )  Page 35, line 12, after `report' insert : Provided further, That
of the amount appropriated to the Department of Energy in this paragraph,
$194,684,000 may be obligated only for verification and control technology
operating expenses, $10,000,000 may be obligated only for Project 90-D-186,
Center for National Security and Arms Control, $2,592,000 may be obligated
only for Project 91-D-192, Foreign Technology Assessment Center, no funds
may be obligated for Project 90-D-122, Production Capabilities for the
Nuclear Depth/Strike Bomb, no more than $2,131,311,000 may be obligated for
production and surveillance operating expenses, and no more than $437,268,000
may be obligated for weapons testing operating expenses
( 61 )  Page 35, line 12, after `report' insert: : Provided further,
That (a) $500,000 of the amount appropriated herein for environmental
restoration and waste management shall be transferred to the Tennessee
Valley Authority for the purpose of assisting the Department of Energy in
assessing and monitoring areas and activities within or adjacent to Watts
Bar Reservoir, Tennessee, which may be adversely affected by radioactive,
mercury, or other contaminants resulting from runoff from Department of
Energy facilities within the State of Tennessee; and (b) The Tennessee
Valley Authority shall determine the scope of assessment and monitoring
activities to be undertaken and shall make available to the Department of
Energy, the Environmental Protection Agency, the Army Corps of Engineers,
and the State of Tennessee, all findings and information related to the
activities taken under this provision
.
( 62 )  Page 40, line 8, after `$0' insert: : 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 services; 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.
( 63 )  Page 43, strike out all after line 2, over to and including line
4 on page 44.
( 64 )   Page 44, after line 4, insert:

96ace89f259106706759637d72b0dc57062759501f6dd2e33740422f6b41896d

of Energy laboratories may be used for laboratory directed research and
development in accordance with procedures established by the Secretary
of Energy.
( 65 )  Page 44, after line 4, insert:

03cb57bbe8629538050c510dff8edc137dd3bcca86d4a446bdb1454672ae4342

to carry out programs, including the granting of equipment, 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.
( 66 ) Page 44, after line 4, insert:

f13f6da691ddbe821b2f2705196e9844b9928b0f5ef273881d4c3196ad949ad5

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 cooperation with the National Center for Atmospheric Research,
to determine the capability and type of supercomputing upgrade needed for
atmospheric research conducted by the Center. The Secretary shall report
the results of such determinations to the Appropriations Committees of
the House and Senate by March 1, 1991.
( 67 ) Page 44, line 17, strike out  [Struck out->][ $150,000,000 ][<-Struck
out]  and insert: $180,000,000
( 68 ) Page 45, line 21, strike out  [Struck out->][ $200,000 ][<-Struck out]
and insert: $538,000
( 69 ) Page 49, line 5, Strike out  [Struck out->][ $135,000,000 ][<-Struck
out]  and insert: $125,000,000
( 70 ) Page 52, after line 8, insert:

46f88cbaa9b2eeef0e445cf2f3e5e5c65fc37c466c0aa8a75e5c64fdeafe492f

provision of law, no funds appropriated or made available under this or any
other Act shall be used by the executive branch to change the employment
levels determined by the Administrator of the Bonneville Power Administration
to be necessary to carry out his responsibilities under the Bonneville
Project Act, the Federal Columbia River Transmission Act, and the Pacific
Northwest Power Planning and Conservation Act and other related legislation.
( 71 ) Page 52, after line 8, insert:

a55563a35019fd227c48ac483a85a42899d542d7be35cb66f744ec04e3559651

or expended to enter into any contract for the construction, 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 supplier of products of a foreign
country, during any period in which such foreign country is listed in the
United States Trade Representative 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 30 days after the date of enactment of this Act,
the United States Trade Representative shall make a determination with
respect to each foreign country of whether such foreign country--
(A) denies fair and equitable market opportunities for products and services
of the United States in procurement, or
(B) denies fair and equitable market opportunities for products 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 products and services
of the United States in procurement, or
(B) denies fair and equitable market opportunities for products 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 Representative evidence
demonstrating that such barriers have been removed; and
(C) the United States Trade Representative conducts an investigation 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 Federal Register any modifications to such list that are made after
publication of the original list.
(d) For purposes of this section--
(1) The term `foreign country' includes any foreign instrumentality. Each
territory or possession of a foreign country 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 indirectly 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 (a)(1) shall not prohibit the use,
in the construction, alteration, or repair of a public building or public
work, of vehicles or construction equipment of a foreign country.
(5) The terms `contractor' and `subcontrator' includes any person performing
any architectural, engineering, or other services 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.
Attest:
Secretary.
HR 5019 EAS----2
HR 5019 EAS----3
HR 5019 EAS----4

01ec316575405a0a0394ef352504ded4ab0fc262c9c62b9437f46ba90d69cf44

Energy and Water Development Appropriations Act, 1991 — HR. 5019

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