Energy and Water Development Appropriations Act, 1989

(Reported to Senate from the Committee on Appropriations with amendment, S. Rept. 100-381) Energy and Water Development Appropriations Act, 1989 - Title I: Department of Defense - Civil - Makes appropriations for FY 1989 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). Authorizes appropriations for national emergency preparedness programs and for continued acquisition of the Corps of Engineers Automation Plan. Title II: Department of the Interior - Makes appropriations for FY 1989 to the Department of the Interior Bureau of Reclamation for: (1) engineering and economic investigations of Federal reclamation and water conservation projects; (2) construction and rehabilitation projects; (3) soil and moisture conservation projects; (4) operation and maintenance of reclamation projects; (5) loans to irrigation districts for construction of distribution systems on authorized Federal reclamation projects; (6) general administrative expenses in certain Bureau of Reclamation offices; (7) the "Emergency Fund" as authorized by an Act of June 26, 1948; (8) acquisition of computer capacity for the Administrative Systems Modernization project; (9) replacement passenger motor vehicles; and (10) recovery of archaeological and paleontological remains in specified areas. Makes appropriations available to the Department of the Interior for: (1) damaged facilities or equipment belonging to the Department of the Interior; (2) emergency prevention of forest or range fires; and (3) general administrative expenses. Cites conditions under which the appropriation for the administrative expenses of the Central Utah Project will be limited. Title III: Department of Energy - Makes appropriations to the Department of Energy for FY 1988 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 (including funds for the State of Nevada to conduct its oversight responsibilities under the Nuclear Waste Policy Act of 1982); (5) atomic energy defense activities; (6) departmental administrative expenses; (7) water and electrical power projects of the Alaska Power Administration; (8) official reception and representation costs of the Bonneville Power Administration; (9) operational and maintenance expenses related to electric power transmission for the Southeastern Power Administration and the Southwestern Power Administration; (10) operational and maintenance expenses of the Western Area Power Administration; (11) salaries and expenses of the Federal Energy Regulatory Commission; (12) geothermal energy research and development; and (13) Department of Energy general passenger vehicles and security guard expenses. Declares that when States with unemployment in excess of ten percent expend funds received as restitution for petroleum pricing violations, such expenditures shall be deemed consistent with the restitutionary purposes for which they were received. Title IV: Independent Agencies - Makes appropriations for: (1) programs authorized by the Appalachian Regional Development Act of 1965; (2) salaries and expenses of the Delaware River Basin Commission; (3) expenses of the Interstate Commission on the Potomac River Basin; (4) Nuclear Regulatory Commission expenses; (5) expenses of the Susquehanna River Basin Commission; and (6) expenses of the Tennessee Valley Authority. Title V: General Provisions - Sets forth guidelines for the expenditure of appropriations under this Act. Prohibits the use of funds under this Act to compensate parties intervening in regulatory or adjudicatory proceedings funded in this Act. Prohibits appropriations for the Power Marketing Administration or the Tennessee Valley Authority (including the expenditure of funds 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. Declares that for purposes of the Buy American Act any temporary structure to be constructed by the Army Corps of Civil Engineers shall be treated in the same manner as a permanent dam constructed by the Secretary of the Army.

(Measure passed House, amended, roll call #133 (384-20)) Energy and Water Development Appropriations Act, 1989 - Title I: Department of Defense - Civil - Makes appropriations for FY 1989 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). Title II: Department of the Interior - Makes appropriations for FY 1989 to the Department of the Interior Bureau of Reclamation for: (1) engineering and economic investigations of Federal reclamation and water conservation projects; (2) construction and rehabilitation projects; (3) soil and moisture conservation projects; (4) operation and maintenance of reclamation projects; (5) loans to irrigation districts for construction of distribution systems on authorized Federal reclamation projects; (6) general administrative expenses in certain Bureau of Reclamation offices; (7) the "Emergency Fund" as authorized by an Act of June 26, 1948; (8) replacement passenger motor vehicles; and (9) recovery of archaeological and paleontological remains in specified areas. Makes appropriations available to the Department of the Interior for: (1) damaged facilities or equipment belonging to the Department of the Interior; (2) emergency prevention of forest or range fires; and (3) general administrative expenses. Title III: Department of Energy - Makes appropriations to the Department of Energy for FY 1988 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) atomic energy defense activities; (6) departmental administrative expenses; (7) water and electrical power projects of the Alaska Power Administration; (8) official reception and representation costs of the Bonneville Power Administration; (9) operational and maintenance expenses related to electric power transmission for the Southeastern Power Administration and the Southwestern Power Administration; (10) operational and maintenance expenses of the Western Area Power Administration; (11) salaries and expenses of the Federal Energy Regulatory Commission; (12) geothermal energy research and development; and (13) Department of Energy general passenger vehicles and security guard expenses. Title IV: Independent Agencies - Makes appropriations for: (1) programs authorized by the Appalachian Regional Development Act of 1965; (2) salaries and expenses of the Delaware River Basin Commission; (3) expenses of the Interstate Commission on the Potomac River Basin; (4) Nuclear Regulatory Commission expenses; (5) expenses of the Susquehanna River Basin Commission; and (6) expenses of the Tennessee Valley Authority. Title V: General Provisions - Sets forth guidelines for the expenditure of appropriations under this Act. Prohibits the use of funds under this Act to compensate parties intervening in regulatory or adjudicatory proceedings funded in this Act. Prohibits appropriations for the Power Marketing Administration or the Tennessee Valley Authority (including the expenditure of funds 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. Declares that for purposes of the Buy American Act any temporary structure to be constructed by the Army Corps of Civil Engineers shall be treated in the same manner as a permanent dam constructed by the Secretary of the Army. Prohibits Federal funds from being expended in any workplace in which there is either illegal possession or use of controlled substances which is made known to the departments or agencies covered under this Act.

(House receded and concurred in certain Senate amendments with an amendment) Energy and Water Development Appropriations Act, 1989 - Title I: Department of Defense - Civil - Makes appropriations for FY 1989 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). Authorizes appropriations for national emergency preparedness programs. Title II: Department of the Interior - Makes appropriations for FY 1989 to the Department of the Interior Bureau of Reclamation for: (1) engineering and economic investigations of Federal reclamation and water conservation projects; (2) construction and rehabilitation projects; (3) soil and moisture conservation projects; (4) operation and maintenance of reclamation projects; (5) loans to irrigation districts for construction of distribution systems on authorized Federal reclamation projects; (6) general administrative expenses in certain Bureau of Reclamation offices; (7) the "Emergency Fund" as authorized by an Act of June 26, 1948; (8) acquisition of computer capacity for the Administrative Systems Modernization project; (9) replacement passenger motor vehicles; and (10) recovery of archaeological and paleontological remains in specified areas. Makes appropriations available to the Department of the Interior for: (1) damaged facilities or equipment belonging to the Department of the Interior; (2) emergency prevention of forest or range fires; and (3) general administrative expenses. Cites conditions for expenditure of funds for administrative expenses for the Central Utah Project. Title III: Department of Energy - Makes appropriations to the Department of Energy for FY 1988 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 (including funds for the State of Nevada to conduct its oversight responsibilities under the Nuclear Waste Policy Act of 1982); (5) atomic energy defense activities; (6) departmental administrative expenses; (7) water and electrical power projects of the Alaska Power Administration; (8) official reception and representation costs of the Bonneville Power Administration (authorizes such Administration, without fiscal year limitation, to incur obligations for authorized purposes in excess of its borrowing authority and cash in the Bonneville Power Administration Fund); (9) operational and maintenance expenses related to electric power transmission for the Southeastern Power Administration and the Southwestern Power Administration; (10) operational and maintenance expenses of the Western Area Power Administration; (11) salaries and expenses of the Federal Energy Regulatory Commission; (12) geothermal energy research and development; and (13) Department of Energy general passenger vehicles and security guard expenses. Directs the Department of Energy, during FY 1989, to give priority when approving plans submitted by States whose unemployment exceeds ten percent to those plans which are consistent with the Agreement approved July 7, 1986, in Re: Department of Energy Stripper Well Exemption Litigation M.D.L. 378 (thus ensuring that restitution for petroleum pricing violations will be distributed by such States for low-income weatherization and energy assistance and conservation programs pursuant to statutory mandate and court orders). Deems approved any such plan submitted in FY 1989 if the Department fails to act on it within 45 calendar days after submission and if the Governor (or designated State official) certifies in writing that the use of funds in such plans is consistent with the applicable terms of such Agreement. Declares that it is the intent of Congress that the purpose of this provision is to help such States gain prompt approval of such plans for the purposes proposed by them so long as the plans are consistent with the terms and conditions of the agreement. Title IV: Independent Agencies - Makes appropriations for: (1) programs authorized by the Appalachian Regional Development Act of 1965; (2) salaries and expenses of the Delaware River Basin Commission; (3) expenses of the Interstate Commission on the Potomac River Basin; (4) Nuclear Regulatory Commission expenses; (5) expenses of the Susquehanna River Basin Commission; and (6) expenses of the Tennessee Valley Authority. Title V: General Provisions - Sets forth guidelines for the expenditure of appropriations under this Act. Prohibits the use of funds under this Act to compensate parties intervening in regulatory or adjudicatory proceedings funded in this Act. Prohibits appropriations for the Power Marketing Administration or the Tennessee Valley Authority (including the expenditure of funds 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. Declares that for purposes of the Buy American Act, any temporary structure to be constructed by the Army Corps of Civil Engineers shall be treated in the same manner as a permanent dam constructed by the Secretary of the Army. Provides that sums for FY 1989 pay raises for programs funded by this Act shall be absorbed within levels appropriated in this Act.

(Conference report filed in House, H. Rept. 100-724) Energy and Water Development Appropriations Act, 1989 - Title I: Department of Defense - Civil - Makes appropriations for FY 1989 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). Authorizes appropriations for national emergency preparedness programs. Title II: Department of the Interior - Makes appropriations for FY 1989 to the Department of the Interior Bureau of Reclamation for: (1) engineering and economic investigations of Federal reclamation and water conservation projects; (2) construction and rehabilitation projects; (3) soil and moisture conservation projects; (4) operation and maintenance of reclamation projects; (5) loans to irrigation districts for construction of distribution systems on authorized Federal reclamation projects; (6) general administrative expenses in certain Bureau of Reclamation offices; (7) the "Emergency Fund" as authorized by an Act of June 26, 1948; (8) acquisition of computer capacity for the Administrative Systems Modernization project; (9) replacement passenger motor vehicles; and (10) recovery of archaeological and paleontological remains in specified areas. Makes appropriations available to the Department of the Interior for: (1) damaged facilities or equipment belonging to the Department of the Interior; (2) emergency prevention of forest or range fires; and (3) general administrative expenses. Cites conditions for expenditure of funds for administrative expenses for the Central Utah Project. Title III: Department of Energy - Makes appropriations to the Department of Energy for FY 1988 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 (including funds for the State of Nevada to conduct its oversight responsibilities under the Nuclear Waste Policy Act of 1982); (5) atomic energy defense activities; (6) departmental administrative expenses; (7) water and electrical power projects of the Alaska Power Administration; (8) official reception and representation costs of the Bonneville Power Administration (authorizes such Administration, without fiscal year limitation, to incur obligations for authorized purposes in excess of its borrowing authority and cash in the Bonneville Power Administration Fund); (9) operational and maintenance expenses related to electric power transmission for the Southeastern Power Administration and the Southwestern Power Administration; (10) operational and maintenance expenses of the Western Area Power Administration; (11) salaries and expenses of the Federal Energy Regulatory Commission; (12) geothermal energy research and development; and (13) Department of Energy general passenger vehicles and security guard expenses. Declares that when States with unemployment in excess of ten percent expend funds received as restitution for petroleum pricing violations, such expenditures shall be deemed consistent with the restitutionary purposes for which they were received. Title IV: Independent Agencies - Makes appropriations for: (1) programs authorized by the Appalachian Regional Development Act of 1965; (2) salaries and expenses of the Delaware River Basin Commission; (3) expenses of the Interstate Commission on the Potomac River Basin; (4) Nuclear Regulatory Commission expenses; (5) expenses of the Susquehanna River Basin Commission; and (6) expenses of the Tennessee Valley Authority. Title V: General Provisions - Sets forth guidelines for the expenditure of appropriations under this Act. Prohibits the use of funds under this Act to compensate parties intervening in regulatory or adjudicatory proceedings funded in this Act. Prohibits appropriations for the Power Marketing Administration or the Tennessee Valley Authority (including the expenditure of funds 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. Declares that for purposes of the Buy American Act, any temporary structure to be constructed by the Army Corps of Civil Engineers shall be treated in the same manner as a permanent dam constructed by the Secretary of the Army. Provides that sums for FY 1989 pay raises for programs funded by this Act shall be absorbed within levels appropriated in this Act.

(Measure passed Senate, amended, roll call #181 (92-5)) Energy and Water Development Appropriations Act, 1989 - Title I: Department of Defense - Civil - Makes appropriations for FY 1989 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). Authorizes appropriations for national emergency preparedness programs and for continued acquisition of the Corps of Engineers Automation Plan. Title II: Department of the Interior - Makes appropriations for FY 1989 to the Department of the Interior Bureau of Reclamation for: (1) engineering and economic investigations of Federal reclamation and water conservation projects; (2) construction and rehabilitation projects; (3) soil and moisture conservation projects; (4) operation and maintenance of reclamation projects; (5) loans to irrigation districts for construction of distribution systems on authorized Federal reclamation projects; (6) general administrative expenses in certain Bureau of Reclamation offices; (7) the "Emergency Fund" as authorized by an Act of June 26, 1948; (8) acquisition of computer capacity for the Administrative Systems Modernization project; (9) replacement passenger motor vehicles; and (10) recovery of archaeological and paleontological remains in specified areas. Makes appropriations available to the Department of the Interior for: (1) damaged facilities or equipment belonging to the Department of the Interior; (2) emergency prevention of forest or range fires; and (3) general administrative expenses. Cites conditions under which the appropriation for the administrative expenses of the Central Utah Project will be limited. Title III: Department of Energy - Makes appropriations to the Department of Energy for FY 1988 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 (including funds for the State of Nevada to conduct its oversight responsibilities under the Nuclear Waste Policy Act of 1982); (5) atomic energy defense activities; (6) departmental administrative expenses; (7) water and electrical power projects of the Alaska Power Administration; (8) official reception and representation costs of the Bonneville Power Administration; (9) operational and maintenance expenses related to electric power transmission for the Southeastern Power Administration and the Southwestern Power Administration; (10) operational and maintenance expenses of the Western Area Power Administration; (11) salaries and expenses of the Federal Energy Regulatory Commission; (12) geothermal energy research and development; and (13) Department of Energy general passenger vehicles and security guard expenses. Prohibits funds from being used to preclude the Bonneville Power Administration from incurring obligations in excess of available cash plus borrowing authority, thus allowing the Administration to enter into long term contracts in anticipation of future revenues. Declares that when States with unemployment in excess of ten percent expend funds received as restitution for petroleum pricing violations, such expenditures shall be deemed consistent with the restitutionary purposes for which they were received. Title IV: Independent Agencies - Makes appropriations for: (1) programs authorized by the Appalachian Regional Development Act of 1965; (2) salaries and expenses of the Delaware River Basin Commission; (3) expenses of the Interstate Commission on the Potomac River Basin; (4) Nuclear Regulatory Commission expenses; (5) expenses of the Susquehanna River Basin Commission; and (6) expenses of the Tennessee Valley Authority. Title V: General Provisions - Sets forth guidelines for the expenditure of appropriations under this Act. Prohibits the use of funds under this Act to compensate parties intervening in regulatory or adjudicatory proceedings funded in this Act. Prohibits appropriations for the Power Marketing Administration or the Tennessee Valley Authority (including the expenditure of funds 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. Declares that for purposes of the Buy American Act any temporary structure to be constructed by the Army Corps of Civil Engineers shall be treated in the same manner as a permanent dam constructed by the Secretary of the Army. Requires the Director of the Office of Management and Budget, and the head of each Federal agency for which funds are appropriated under this Act, to comply with the instructions and fund allocations contained in the joint statement of managers accompanying this Act's conference report (thus giving such joint statements the force of law). Requires the United States Trade Representative, within 30 days after the date of enactment of this Act, to determine as to each foreign country whether it denies fair and equitable market opportunities for U.S. services, or fair and equitable market opportunities for U.S. services in bidding, for public works projects costing more than $500,000 which are funded by the foreign government or by an entity controlled by it. Requires a proscription list of any countries receiving an affirmative determination. Forbids funds appropriated under this Act from being obligated for public works contracts with a foreign contractor (or supplier of foreign products) during any period in which the relevant foreign country is on such proscription list.

Energy and Water Development Appropriations Act, 1989 - Title I: Department of Defense - Civil - Makes appropriations for FY 1989 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). Title II: Department of the Interior - Makes appropriations for FY 1989 to the Department of the Interior 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 of Reclamation offices; (6) the "Emergency Fund" as authorized by an Act of June 26, 1948; and (7) replacement passenger motor vehicles. Makes appropriations available to the Department of the Interior for: (1) damaged facilities or equipment belonging to the Department of the Interior; (2) emergency prevention of forest or range fires; and (3) general administrative expenses. Title III: Department of Energy - Makes appropriations to the Department of Energy 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) atomic energy defense activities; (6) departmental administrative expenses; (7) electrical power projects of the Alaska Power Administration; (8) official reception and representation costs of the Bonneville Power Administration; (9) operational and maintenance expenses related to electric power transmission for the Southeastern Power Administration and the Southwestern Power Administration; (10) operational and maintenance expenses of the Western Area Power Administration; (11) salaries and expenses of the Federal Energy Regulatory Commission; (12) geothermal energy research and development; and (13) Department of Energy general passenger vehicles and security guard expenses. Title IV: Independent Agencies - Makes appropriations for: (1) programs authorized by the Appalachian Regional Development Act of 1965; (2) salaries and expenses of the Delaware River Basin Commission; (3) expenses of the Interstate Commission on the Potomac River Basin; (4) Nuclear Regulatory Commission expenses; (5) expenses of the Susquehanna River Basin Commission; and (6) expenses of the Tennessee Valley Authority. Title V: General Provisions - Sets forth guidelines for the expenditure of appropriations under this Act. Prohibits appropriations for the Power Marketing Administration or the Tennessee Valley Authority (including the expenditure of funds 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. Declares that for purposes of the Buy American Act any temporary structure to be constructed by the Army Corps of Civil Engineers shall be treated in the same manner as a permanent dam constructed by the Secretary of the Army.