Summary: H.R.5019 — 101st Congress (1989-1990)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
House receded and concurred with amendment (10/19/1990)

Energy and Water Development Appropriations Act, 1991 - Title I: Department of Defense - Civil - Makes appropriations for FY 1991 for authorized civil functions of the Department of the Army relating to rivers and harbors, flood control, and beach erosion (including projects which involve State and local governmental participation).

Amends the Water Resources Development Act of 1988 to forgive Aberdeen, Washington's operation, maintenance, repair, and rehabilitation payment obligations in excess of $200,000 for October 1, 1988, through June 30, 1990, associated with the transfer of responsibility for the Wynoochee Dam project from the Corps of Engineers.

Authorizes the Secretary of the Army, acting through the Chief of Engineers, to construct the Pennington Creek, Texas, project with funds previously appropriated.

Modifies the project for flood control, Brush Creek and Tributaries, Missouri and Kansas, to authorize the Secretary to construct such project substantially in accordance with a submitted report. Specifies the estimated Federal and non-Federal first cost.

Authorizes the Secretary to credit or reimburse the local sponsor of the Maumee Bay State Park project in Ohio for work completed before November 17, 1988, in an amount equal to the Federal share of such costs.

Amends the Flood Control Act of 1970 to direct the Secretary of the Army to conclude a local cooperative agreement for certain facilities near Fort Yates, North Dakota, at a specified estimated amount. Authorizes and appropriates funds for FY 1991 for planning, engineering, and design on such project. Sets at ten percent the non-Federal share of the cost of such project.

Modifies the project for flood control, San Luis Rey River, California, to authorize the Secretary to construct such project substantially in accordance with a specified memorandum.

Title II: Department of the Interior - Makes appropriations for FY 1991 to the Department of the Interior for the Bureau of Reclamation for: (1) engineering and economic investigations of Federal reclamation and water conservation projects; (2) construction and rehabilitation projects; (3) operation and maintenance of reclamation projects; (4) loans to irrigation districts for construction of distribution systems on authorized Federal reclamation projects; (5) general administrative expenses in certain Bureau offices; (6) the Emergency Fund authorized by the Act of June 26, 1948; (7) acquisition of computer capacity for the Business System Acquisition project and other capital equipment; (8) replacement passenger motor vehicles; (9) payment of claims for damages arising out of activities of the Bureau; (10) payment to Bureau personnel appointed in the negotiation and administration of interstate compacts without reimbursement under the reclamation laws; (11) payment of rewards for information or evidence concerning violations of law involving Bureau property; (12) preparation and dissemination of useful written and printed information; and (13) investigation and recovery of archaeological and paleontological remains in specified areas.

States that no part of any appropriation for the Bureau, contained in this or 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.

States that no funds appropriated to the Bureau for operation and maintenance, except those derived from advances by water users, shall be used for the particular benefits of lands: (1) within the boundaries of an irrigation district; (2) of any member of a water users' organization; or (3) of any individual when such district, organization, or individual is in arrears for more than 12 months in the payment of charges due under a contract entered into with the United States pursuant to laws administered by the Bureau.

States that none of the funds made available by this or any other Act shall be used by the Bureau for contracts for surveying and mapping services unless such contracts for which a solicitation is issued after enactment of this Act are awarded in accordance with the Federal Property and Administrative Services Act of 1949. Prohibits the uniform allowance for each uniformed employee of the Bureau from exceeding $400 annually.

Makes appropriations available to the Department of the Interior for: (1) damaged facilities or equipment belonging to the Department; (2) emergency prevention of forest or range fires; (3) operation of warehouses, garages, shops, and similar facilities, wherever consolidation of activities will contribute to efficiency or economy; and (4) general administrative expenses.

Authorizes and directs the Secretary to enter into a contract with the McGee Creek Authority, Oklahoma City, Oklahoma, accepting payment of a specified amount. Terminates a prior contract upon payment of such amount. Retains title to McGee Creek Project facilities with the United States.

Prohibits, with specified exceptions, funds appropriated in this or any other Act from being used to execute new long-term contracts for water supply from the Central Valley Project, California. Authorizes and directs the Secretary of the Interior to enter into a municipal and industrial water supply contract with: (1) the Sacramento County Water Agency; (2) the San Juan Suburban Water District; and (3) the El Dorado County Water Agency. Requires the Secretary, prior to entering into such contracts, to comply with provisions of the National Environmental Policy Act by preparing joint environmental impact statements and California Environmental Quality Act Environmental Impact Reports.

Authorizes the Secretary of the Interior to pay, without reimbursement, a specified sum 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.

Title III: Department of Energy - Makes appropriations to the Department of Energy for FY 1991 for: (1) specified energy supply, research, and development activities; (2) uranium supply and enrichment activities; (3) general science and research activities; (4) nuclear waste disposal activities; (5) activities related to the production and distribution of isotopes; (6) atomic energy defense activities; (7) departmental administrative expenses; (8) the Office of the Inspector General; (9) electrical power projects of the Alaska Power Administration; (10) expenses of the Yakima Basin Screen Facilities Phase II and official reception and representation costs of the Bonneville Power Administration; (11) operational and maintenance expenses related to electric power transmission for the Southeastern Power Administration; (12) operational and maintenance expenses (including official reception and representation expenses) related to electric power transmission for the Southwestern Power Administration; (13) operational and maintenance expenses of the Western Area Power Administration; (14) salaries and expenses of the Federal Energy Regulatory Commission; (15) the Loan Guarantee and Interest Assistance Program authorized by the Geothermal Energy Research, Development and Demonstration Act of 1974; and (16) Department of Energy general passenger vehicles and security guard expenses.

Requires the Secretary of Energy to ensure: (1) that at least ten percent 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; and (2) significant participation with regard to the Collider by such individuals and economically disadvantaged women.

Makes funds appropriated to DOE available to carry out programs to improve mathematics, science, and engineering education and skill levels in the United States in order to assure that a continuing supply of technical and scientific workers is available to accomplish national and energy security missions.

Directs the Secretary of Energy to report to the House and Senate Committees on Appropriations about the capability and type of: (1) super computing facility for research activity (especially auroral energy research) conducted by the Center for Global Change and Arctic Systems Research and the Geophysical Institute; and (2) super computing upgrade needed for the Center's atmospheric research.

Title IV: Independent Agencies - Makes appropriations for FY 1991 for: (1) programs authorized by the Appalachian Regional Development Act of 1965; (2) salaries and expenses of the Defense Nuclear Facilities Safety Board; (3) salaries and expenses of, and the Federal contribution to, the Delaware River Basin Commission; (4) expenses of the Interstate Commission on the Potomac River Basin; (5) the Nuclear Regulatory Commission's expenses; (6) expenses of the Office of Inspector General of the NRC; (7) expenses of the U.S. member of the Susquehanna River Basin Commission, as well as a contribution to such Commission for current expenses; and (8) expenses of the Tennessee Valley Authority in carrying out the provisions of the Tennessee Valley Authority Act of 1933.

Title V: General Provisions - Sets forth guidelines for the expenditure of appropriations under this Act.

States that 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.

States that none of the funds made available under this Act or any other law shall be used for conducting any studies relating to changing from the currently required "at cost" to a "market rate" or any other non-cost-based method for the pricing of hydroelectric power by the six Federal public power authorities or other Federal agencies or authorities.

Prohibits appropriations for the Power Marketing Administration or the Tennessee Valley Authority (including funds authorized to be expended from the Bonneville Power Administration Fund and the Tennessee Valley Authority Fund) from being used for procuring extra high voltage (EHV) power equipment unless such agencies award contracts for equipment manufactured in the United States when they determine that there are one or more manufacturers of domestic end products offering a product that meets the technical requirements at a price not exceeding 130 percent of the bid or offering price of the most competitive foreign bidder.

Requires such sums as may be necessary for FY 1991 pay raises for programs funded by this Act be absorbed within the levels appropriated in this Act.

Prohibits funds appropriated by this Act from being used for land acquisition on the Monks Hollow Dam and Reservoir, the Upper Diamond Fork Pipeline, or the Last Chance Powerplant of the Bonneville Unit of the Central Utah Project.

Prohibits the use of funds available under this or any other Act by the executive branch to change the employment levels: (1) determined by the Administrators of the Federal Power Marketing Administrations to be necessary to carry out their responsibilities under the Department of Energy Organization Act and related laws; or (2) of other Department of Energy programs to compensate for employment levels of such Administrations.

Requires the United States Trade Representative (USTR) to determine with respect to each foreign country whether it denies fair and equitable market opportunities for products and services of the United States in procurement or 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. Directs the USTR to publish a list of such countries in the Federal Register.

Prohibits the use of funds to enter into any contract for the construction, alteration, or repair of any public building or public work in the United States or in any U.S. territory or possession with any foreign contractor, subcontractor, or any supplier of products of a foreign country, during any period such foreign country is listed by the USTR.

Authorizes the President or the head of a Federal agency administering such funds to waive such restrictions with respect to an individual contract in the public interest.