[104th Congress Public Law 46]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ46.104]
ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 1996
[[Page 109 STAT. 402]]
Public Law 104-46
104th Congress
An Act
Making appropriations for energy and water development for the fiscal
year ending September 30, 1996, and for other purposes. <<NOTE: Nov. 13,
1995 - [H.R. 1905]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Energy and Water
Development Appropriations Act, 1996.>> assembled, That the following
sums are appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 1996, for energy
and water development, and for other purposes, namely:
TITLE I
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the direction
of the Secretary of the Army and the supervision of the Chief of
Engineers for authorized civil functions of the Department of the Army
pertaining to rivers and harbors, flood control, beach erosion, and
related purposes.
general investigations
For expenses necessary for the collection and study of basic
information pertaining to river and harbor, flood control, shore
protection, and related projects, restudy of authorized projects,
miscellaneous investigations, and, when authorized by laws, surveys and
detailed studies and plans and specifications of projects prior to
construction, $121,767,000, to remain available until expended, of which
funds are provided for the following projects in the amounts specified:
Norco Bluffs, California, $375,000;
Ohio River Greenway, Indiana, $500,000;
Kentucky Lock and Dam, Kentucky, $2,000,000;
Mussers Dam, Middle Creek, Snyder County, Pennsylvania,
$300,000; and
West Virginia Port Development, West Virginia, $300,000:
Provided, That the Secretary of the Army, acting through the Chief of
Engineers, is directed to undertake a study of water supply and
associated needs in the vicinity of Hazard, Kentucky, using $500,000 of
the funds appropriated under this heading in Public Law 103-316 for
Hazard, Kentucky.
[[Page 109 STAT. 403]]
construction, general
For the prosecution of river and harbor, flood control, shore
protection, and related projects authorized by laws; and detailed
studies, and plans and specifications, of projects (including those for
development with participation or under consideration for participation
by States, local governments, or private groups) authorized or made
eligible for selection by law (but such studies shall not constitute a
commitment of the Government to construction), $804,573,000, to remain
available until expended, of which such sums as are necessary pursuant
to Public Law 99-662 shall be derived from the Inland Waterways Trust
Fund, for one-half of the costs of construction and rehabilitation of
inland waterways projects, including rehabilitation costs for the Lock
and Dam 25, Mississippi River, Illinois and Missouri, Lock and Dam 14,
Mississippi River, Iowa, Lock and Dam 24, Mississippi River, Illinois
and Missouri, and GIWW-Brazos River Floodgates, Texas, projects, and of
which funds are provided for the following projects in the amounts
specified:
Homer Spit, Alaska, repair and extend project, $3,800,000;
McClellan-Kerr Arkansas River Navigation System, Arkansas,
$6,000,000: Provided, That $4,900,000 of such amount shall be
used for activities relating to Montgomery Point Lock and Dam,
Arkansas;
Red River Emergency Bank Protection, Arkansas and Louisiana,
$6,600,000;
Sacramento River Flood Control Project (Glenn-Colusa
Irrigation District), California, $300,000;
San Timoteo Creek (Santa Ana River Mainstem), California,
$5,000,000;
Indiana Shoreline Erosion, Indiana, $1,500,000;
Arkansas City flood control project, Kansas, $700,000,
except that for the purposes of the project, section 902 of
Public Law 99-662 is waived;
Winfield, Kansas, $670,000;
Harlan (Levisa and Tug Forks of the Big Sandy River and
Upper Cumberland River), Kentucky, $12,000,000;
Williamsburg (Levisa and Tug Forks of the Big Sandy River
and Upper Cumberland River), Kentucky, $4,100,000;
Middlesboro (Levisa and Tug Forks of the Big Sandy River and
Upper Cumberland River), Kentucky, $1,600,000;
Salyersville, Kentucky, $500,000;
Lake Pontchartrain and Vicinity (Hurricane Protection),
Louisiana, $13,348,000;
Ouachita River Levees, Louisiana, $2,300,000;
Red River below Denison Dam Levee and Bank Stabilization,
Louisiana, Arkansas, and Texas, $2,500,000;
Roughans Point, Massachusetts, $710,000;
Marshall, Minnesota, $850,000;
Ste. Genevieve, Missouri, $1,000,000;
Broad Top Region, Pennsylvania, $4,100,000;
Glen Foerd, Pennsylvania, $200,000;
South Central Pennsylvania Environmental Restoration,
Pennsylvania, $3,500,000;
Wallisville Lake, Texas, $5,000,000;
Virginia Beach Erosion Control and Hurricane Protection,
Virginia, $1,100,000;
[[Page 109 STAT. 404]]
Hatfield Bottom (Levisa and Tug Forks of the Big Sandy River
and Upper Cumberland River), West Virginia, $200,000; and
Upper Mingo (Levisa and Tug Forks of the Big Sandy River and
Upper Cumberland River), West Virginia, $2,000,000: Provided,
That the Secretary of the Army, acting through the Chief of
Engineers, shall transfer $1,120,000 of the Construction,
General funds appropriated in this Act to the Secretary of the
Interior and the Secretary of the Interior shall accept and
expend such funds for performing operation and maintenance
activities at the Columbia River Fishing Access Sites to be
constructed by the Department of the Army at Cascade Locks,
Oregon; Lone Pine, Oregon; Underwood, Washington; and the
Bonneville Treaty Fishing Access Site, Washington:
Provided further, That using funds appropriated in Public Law 103-316
for the Sacramento River Flood Control Project (Deficiency Correction),
California, project and funds appropriated herein for the Sacramento
Urban Area Levee Reconstruction, California, project, the Secretary of
the Army, acting through the Chief of Engineers, is directed to acquire
all or part of the Little Holland Tract, with any and all appurtenant
water rights, for wetland and fish and wildlife activities pursuant to
the authority of section 906 of Public Law 99-662 and conditioned on a
determination made by the Secretary, pursuant to section 906, that
acquisition is in the Federal interest.
flood control, mississippi river and tributaries, arkansas,
illinois, kentucky, louisiana, mississippi, missouri, and tennessee
For expenses necessary for prosecuting work of flood control, and
rescue work, repair, restoration, or maintenance of flood control
projects threatened or destroyed by flood, as authorized by law (33
U.S.C. 702a, 702g-1), $307,885,000, to remain available until expended.
operation and maintenance, general
For expenses necessary for the preservation, operation, maintenance,
and care of existing river and harbor, flood control, and related works,
including such sums as may be necessary for the maintenance of harbor
channels provided by a State, municipality or other public agency,
outside of harbor lines, and serving essential needs of general commerce
and navigation; surveys and charting of northern and northwestern lakes
and connecting waters; clearing and straightening channels; and removal
of obstructions to navigation, $1,703,697,000, to remain available until
expended, of which such sums as become available in the Harbor
Maintenance Trust Fund, pursuant to Public Law 99-662, may be derived
from that fund, and of which such sums as become available from the
special account established by the Land and Water Conservation Act of
1965, as amended (16 U.S.C. 460l), may be derived from that fund for
construction, operation, and maintenance of outdoor recreation
facilities: Provided, That not to exceed $5,000,000 shall be available
for obligation for national emergency preparedness programs: Provided
further, That $5,926,000 of the funds appropriated herein are provided
for the Raystown Lake, Pennsylvania, project: Provided further, That the
Secretary of the Army is directed during
[[Page 109 STAT. 405]]
fiscal year 1996 to maintain a minimum conservation pool level of 475.5
at Wister Lake in Oklahoma.
regulatory program
For expenses necessary for administration of laws pertaining to
regulation of navigable waters and wetlands, $101,000,000, to remain
available until expended.
flood control and coastal emergencies
For expenses necessary for emergency flood control, hurricane, and
shore protection activities, as authorized by section 5 of the Flood
Control Act approved August 18, 1941, as amended, $10,000,000, to remain
available until expended.
oil spill research
For expenses necessary to carry out the purposes of the Oil Spill
Liability Trust Fund, pursuant to title VII of the Oil Pollution Act of
1990, $850,000, to be derived from the Fund and to remain available
until expended.
general expenses
For expenses necessary for general administration and related
functions in the Office of the Chief of Engineers and offices of the
Division Engineers; activities of the Coastal Engineering Research
Board, the Humphreys Engineer Center Support Activity, the Engineering
Strategic Studies Center, and the Water Resources Support Center,
$151,500,000, to remain available until expended: Provided, That not to
exceed $62,000,000 of the funds provided in this Act shall be available
for general administration and related functions in the Office of the
Chief of Engineers: Provided further, That no part of any other
appropriation provided in title I of this Act shall be available to fund
the activities of the Office of the Chief of Engineers or the executive
direction and management activities of the Division Offices: Provided
further, That with funds provided herein and notwithstanding any other
provision of law, the Secretary of the Army shall develop and submit to
the Congress (including the Committee on Environment and Public Works of
the Senate and the Committee on Transportation and Infrastructure of the
House of Representatives) within 60 days of enactment of this Act, a
plan which reduces the number of division offices within the United
States Army Corps of Engineers to no less than 6 and no more than 8,
with each division responsible for at least 4 district offices, but does
not close or change any civil function of any district office: Provided
further, That notwithstanding any other provision of law, the Secretary
of the Army is directed to begin implementing the division office plan
on August 15, 1996, and such plan shall be implemented prior to October
1, 1997.
administrative provisions
Appropriations in this title shall be available for official
reception and representation expenses (not to exceed $5,000); and during
the current fiscal year the revolving fund, Corps of Engineers, shall be
available for purchase (not to exceed 100 for replacement only) and hire
of passenger motor vehicles.
[[Page 109 STAT. 406]]
GENERAL PROVISIONS
Corps of Engineers--Civil
Sec. 101. <<NOTE: Contracts.>> (a) In fiscal year 1996, the
Secretary of the Army shall advertise for competitive bid at least
7,500,000 cubic yards of the hopper dredge volume accomplished with
government owned dredges in fiscal year 1992.
(b) Notwithstanding the provisions of this section, the Secretary is
authorized to use the dredge fleet of the Corps of Engineers to
undertake projects when industry does not perform as required by the
contract specifications or when the bids are more than 25 percent in
excess of what the Secretary determines to be a fair and reasonable
estimated cost of a well equipped contractor doing the work or to
respond to emergency requirements.
(c) None of the funds appropriated herein or otherwise made
available to the Army Corps of Engineers, including amounts contained in
the Revolving Fund of the Army Corps of Engineers, may be used to study,
design or undertake improvements or major repair of the Federal vessel,
McFARLAND, except for normal maintenance and repair necessary to
maintain the vessel McFARLAND's current operational condition.
(d) If any of the four Corps of Engineers hopper dredges is removed
from normal service for repair or rehabilitation and such repair
prevents the dredge from accomplishing its volume of work regularly
carried out in each of the past three years, the Secretary shall not
significantly alter the operating schedules of the remaining Federal
hopper dredges established in accordance with the requirements of
subsection (a) above.
Sec. 102. (a) Sand and Stone Cap in Navigation Project at Manistique
Harbor, Michigan.--The project for navigation, Manistique Harbor,
Schoolcraft County, Michigan, authorized by the first section of the Act
entitled ``An Act making appropriations for the construction, repair,
and preservation of certain public works on rivers and harbors, and for
other purposes'', approved March 3, 1905 (33 Stat. 1136), is modified to
permit installation of a sand and stone cap over sediments affected by
polychlorinated biphenyls in accordance with an administrative order of
the Environmental Protection Agency.
(b) Project Depth.--The project described in subsection (a) is
modified to provide for an authorized depth of 12.5 feet.
(c) Navigation Channel (Modified).--The reauthorized project
navigation channel shall be defined by the following coordinates: 2911N-
2239E, 3240N-2504E, 3964N-2874E, 4182N-2891E, 4469N-2808E, 4692N-2720E,
4879N-2615E, 4952N-2778E, 4438N-2980E, 4227N-3097E, 3720N-3068E, 3076N-
2798E, 2996N-2706E, 2783N-2450E.
(d) Harbor of Refuge.--The project described in subsection (a),
including the breakwalls, pier and authorized depth of the project (as
modified by subsection (b)), shall continue to be maintained as a harbor
of refuge.
Sec. 103. With the exception of the use of funds to process any
required Department of the Army permits, none of the funds appropriated
herein or otherwise available to the Army Corps of Engineers may be used
to assist, guide, coordinate, administer, prepare for occupancy of, or
acquire furnishings for or in preparation of a movement to the Southeast
Federal Center.
[[Page 109 STAT. 407]]
Sec. 104. The project for flood control for Petersburg, West
Virginia, authorized by section 101(a)(26) of the Water Resources
Development Act of 1990 (Public Law 101-640, 104 Stat. 4611) is modified
to authorize the Secretary of the Army to construct the project at a
total cost not to exceed $26,600,000, with an estimated first Federal
cost of $19,195,000 and an estimated first non-Federal cost of
$7,405,000.
Sec. 105. (a) The Secretary of the Army is authorized to accept from
a non-Federal sponsor an amount of additional lands not to exceed 300
acres which are contiguous to the Cooper Lake and Channels Project,
Texas, authorized by the River and Harbor Act of 1965 and the Water
Resources Development Act of 1986, and which provide habitat value at
least equal to that provided by the lands authorized to be redesignated
in subsection (b).
(b) Upon the completion of subsection (a), the Secretary is further
authorized to redesignate an amount of mitigation land not to exceed 300
acres to recreation purposes.
(c) The cost of all work to be undertaken pursuant to this section,
including but not limited to real estate appraisals, cultural and
environmental surveys, and all development necessary to avoid net
mitigation losses, to the extent such actions are required, shall be
borne by the donating sponsor.
Sec. 106. Using $2,000,000 of the funds appropriated herein, the
Secretary of the Army, acting through the Chief of Engineers, is
authorized to undertake the Indianapolis, Indiana, project, authorized
in section 5 of Public Law 74-738, as amended, and as modified to
include certain riverfront alterations as described in the Central
Indianapolis Waterfront Concept Master Plan, dated February, 1994, at a
total cost of $65,975,000 with an estimated first Federal cost of
$39,975,000 and an estimated first non-Federal cost of $26,000,000.
SEC. 107. SOUTH CENTRAL PENNSYLVANIA.
(a) In General.--Section 313 of the Water Resources Development Act
of 1992 (106 Stat. 4845-4847) is amended--
(1) in the heading to subsection (c) by striking ``With
SARCD COUNCIL'';
(2) in subsection (c) by inserting ``with State, regional,
and local officials, including, where applicable,'' after
``consult'';
(3) in subsection (d)(2)(A) by inserting ``,where
applicable,'' after ``Council'';
(4) in subsection (g)(1) by striking ``$17,000,000'' and
inserting ``$50,000,000''; and
(5) in subsection (h)(2) by striking ``Bedford, Blair,
Cambria, Fulton, Huntingdon, and Somerset'' and inserting
``Armstrong, Bedford, Blair, Cambria, Clearfield, Fayette,
Franklin, Fulton, Huntingdon, Indiana, Juniata, Mifflin,
Somerset, Snyder, and Westmoreland''.
(b) Cost Sharing.--Section 313(d)(3) of the Water Resources
Development Act of 1992 (106 Stat. 4846) is amended to read as follows:
``(3) Cost sharing.--
``(A) In general.--Total project costs under each
local cooperation agreement entered into under this
subsection shall be shared at 75 percent Federal and 25
percent non-Federal. The non-Federal interest shall
receive credit for the reasonable costs of design work
completed by such
[[Page 109 STAT. 408]]
interest prior to entering into a local cooperation
agreement with the Secretary for a project. The Federal
share may in the form of grants or reimbursements of
project costs.
``(B) Interest.--In the event of delays in
reimbursement of the non-Federal share of a project, the
non-Federal interest shall receive credit for reasonable
interest to provide the non-Federal share of a project's
cost.
``(C) Lands, easements, and rights-of-way credit.--
The non-Federal interest shall receive credit for lands,
easements, rights-of-way, and relocations toward its
share of project costs, including direct costs
associated with obtaining permits necessary for the
placement of such project on public owned or controlled
lands, but not to exceed 25 percent of total project
costs.
``(D) Operation and maintenance credit.--Operation
and maintenance costs for projects constructed with
assistance provided under this section shall be 100
percent non-Federal.''.
Sec. 108. Using $2,000,000 of the funds appropriated herein, the
Secretary of the Army, acting through the Chief of Engineers, is
authorized and directed to proceed with engineering, design, and
construction of projects to provide for flood control and improvements
to rainfall drainage systems in Jefferson, Orleans, and St. Tammany
Parishes, Louisiana, in accordance with the following reports of the New
Orleans District Engineer: Jefferson and Orleans Parishes, Louisiana,
Urban Flood Control and Water Quality Management, July 1992; Tangipahoa,
Techefuncte and Tickfaw Rivers, Louisiana, June 1991; and Schneider
Canal, Slidell, Louisiana, Hurricane Protection, May 1990. There is
authorized to be appropriated $25,000,000 for the initiation and partial
accomplishment of projects described in these reports. The cost of any
work performed by the non-Federal interests subsequent to the above
cited reports, as determined by the Secretary of the Army to be a
compatible and integral part of the projects, shall be credited toward
the non-Federal share of the projects.
Sec. 109. (a) <<NOTE: Public lands. Kentucky.>> In General.--
Subject to the provisions of this section, the Secretary of the Army
shall convey to the City of Prestonsburg, Kentucky, all right, title,
and interest of the United States, in and to the land described in the
Supplemental Agreement--Modification No. 2 to the Department of the Army
lease #DACW69-1-76-0186, executed by and between the Department of the
Army and the Commonwealth of Kentucky, together with any improvements
thereon.
(b) Conditions.--The conveyance authorized by this section is
subject to the following conditions:
(1) The City shall ensure that the land conveyed by this
section will be used for public use recreational purposes and to
further the regional economic development.
(2) The City shall use all proceeds derived from the sale or
lease of any mineral rights conveyed pursuant to this section
for the development, operation, and maintenance of recreational
facilities on the lands conveyed in accordance with this
section.
(3) The City shall accept the property in its condition at
the time of the conveyance. The Secretary shall not be required
to make any improvements in the property's condition, and the
City shall hold and save the United States free from any claims
or damages arising from any activities on the con
[[Page 109 STAT. 409]]
veyed land either on the date of the conveyance or any
subsequent date.
(4) If the City uses the land conveyed under this section
for any purpose other than those specified in this paragraph,
the Secretary shall notify the City of such failure. If the City
does not correct such nonconforming use during the 1-year period
beginning on the date of such notification, the Secretary shall
have a right of reverter to reclaim possession and title to the
land conveyed under this section.
Sec. 110. Using funds appropriated herein the Secretary of the Army,
acting through the Chief of Engineers, is authorized to undertake the
Coos Bay, Oregon project in accordance with the Report of the Chief of
Engineers, dated June 30, 1994, at a total cost of $14,541,000, with an
estimated Federal cost of $10,777,000 and an estimated non-Federal cost
of $3,764,000.
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For the purpose of carrying out provisions of the Central Utah
Project Completion Act, Public Law 102-575 (106 Stat. 4605), and for
feasibility studies of alternatives to the Uintah and Upalco Units,
$42,893,000, to remain available until expended, of which $23,503,000
shall be deposited into the Utah Reclamation Mitigation and Conservation
Account: Provided, That of the amounts deposited into the Account,
$5,000,000 shall be considered the Federal Contribution authorized by
paragraph 402(b)(2) of the Act and $18,503,000 shall be available to the
Utah Reclamation Mitigation and Conservation Commission to carry out
activities authorized under the Act.
In addition, for necessary expenses incurred in carrying out
responsibilities of the Secretary of the Interior under the Act,
$1,246,000, to remain available until expended.
Bureau of Reclamation
For carrying out the functions of the Bureau of Reclamation as
provided in the Federal reclamation laws (Act of June 17, 1902, 32 Stat.
388, and Acts amendatory thereof or supplementary thereto) and other
Acts applicable to that Bureau as follows:
general investigations
For engineering and economic investigations of proposed Federal
reclamation projects and studies of water conservation and development
plans and activities preliminary to the reconstruction, rehabilitation
and betterment, financial adjustment, or extension of existing projects,
to remain available until expended, $12,684,000: Provided, That, of the
total appropriated, the amount for program activities which can be
financed by the reclamation fund shall be derived from that fund:
Provided further, That funds contributed by non-Federal entities for
purposes similar to this appropriation shall be available for
expenditure for the purposes for which contrib
[[Page 109 STAT. 410]]
uted as though specifically appropriated for said purposes, and such
amounts shall remain available until expended.
construction program
(including transfer of funds)
For construction and rehabilitation of projects and parts thereof
(including power transmission facilities for Bureau of Reclamation use)
and for other related activities as authorized by law, to remain
available until expended, $411,046,000, of which $27,049,000 shall be
available for transfer to the Upper Colorado River Basin Fund authorized
by section 5 of the Act of April 11, 1956 (43 U.S.C. 620d), and
$94,225,000 shall be available for transfer to the Lower Colorado River
Basin Development Fund authorized by section 403 of the Act of September
30, 1968 (43 U.S.C. 1543), and such amounts as may be necessary shall be
considered as though advanced to the Colorado River Dam Fund for the
Boulder Canyon Project as authorized by the Act of December 21, 1928, as
amended: Provided, That of the total appropriated, the amount for
program activities which can be financed by the reclamation fund shall
be derived from that fund: Provided further, That transfers to the Upper
Colorado River Basin Fund and Lower Colorado River Basin Development
Fund may be increased or decreased by transfers within the overall
appropriation under this heading: Provided further, That funds
contributed by non-Federal entities for purposes similar to this
appropriation shall be available for expenditure for the purposes for
which contributed as though specifically appropriated for said purposes,
and such funds shall remain available until expended: Provided further,
That all costs of the safety of dams modification work at Coolidge Dam,
San Carlos Irrigation Project, Arizona, performed under the authority of
the Reclamation Safety of Dams Act of 1978 (43 U.S.C. 506), as amended,
are in addition to the amount authorized in section 5 of said Act.
operation and maintenance
For operation and maintenance of reclamation projects or parts
thereof and other facilities, as authorized by law; and for a soil and
moisture conservation program on lands under the jurisdiction of the
Bureau of Reclamation, pursuant to law, to remain available until
expended, $273,076,000: Provided, That of the total appropriated, the
amount for program activities which can be financed by the reclamation
fund shall be derived from that fund, and the amount for program
activities which can be derived from the special fee account established
pursuant to the Act of December 22, 1987 (16 U.S.C. 460l-6a, as
amended), may be derived from that fund: Provided further, That funds
advanced by water users for operation and maintenance of reclamation
projects or parts thereof shall be deposited to the credit of this
appropriation and may be expended for the same purpose and in the same
manner as sums appropriated herein may be expended, and such advances
shall remain available until expended: Provided further, That revenues
in the Upper Colorado River Basin Fund shall be available for performing
examination of existing structures on participating projects of the
Colorado River Storage Project.
[[Page 109 STAT. 411]]
bureau of reclamation loan program account
For the cost of direct loans and/or grants, $11,243,000, to remain
available until expended, as authorized by the Small Reclamation
Projects Act of August 6, 1956, as amended (43 U.S.C. 422a-422l):
Provided, That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That these funds are available to subsidize
gross obligations for the principal amount of direct loans not to exceed
$37,000,000.
In addition, for administrative expenses necessary to carry out the
program for direct loans and/or grants, $425,000: Provided, That of the
total sums appropriated, the amount of program activities which can be
financed by the reclamation fund shall be derived from the fund.
central valley project restoration fund
For carrying out the programs, projects, plans, and habitat
restoration, improvement, and acquisition provisions of the Central
Valley Project Improvement Act, to remain available until expended, such
sums as may be collected in the Central Valley Project Restoration Fund
pursuant to sections 3407(d), 3404(c)(3), 3405(f) and 3406(c)(1) of
Public Law 102-575: Provided, That the Bureau of Reclamation is directed
to levy additional mitigation and restoration payments totaling
$30,000,000 (October 1992 price levels) on a three-year rolling average
basis, as authorized by section 3407(d) of Public Law 102-575.
general administrative expenses
For necessary expenses of general administration and related
functions in the office of the Commissioner, the Denver office, and
offices in the five regions of the Bureau of Reclamation, $48,150,000,
of which $1,400,000 shall remain available until expended, the total
amount to be derived from the reclamation fund and to be nonreimbursable
pursuant to the Act of April 19, 1945 (43 U.S.C. 377): Provided, That no
part of any other appropriation in this Act shall be available for
activities or functions budgeted for the current fiscal year as general
administrative expenses.
special funds
(transfer of funds)
Sums herein referred to as being derived from the reclamation fund
or special fee account are appropriated from the special funds in the
Treasury created by the Act of June 17, 1902 (43 U.S.C. 391) or the Act
of December 22, 1987 (16 U.S.C. 460l-6a, as
amended), respectively. Such sums shall be transferred, upon request of
the Secretary, to be merged with and expended under the heads herein
specified; and the unexpended balances of sums transferred for
expenditure under the head ``General Administrative Expenses'' shall
revert and be credited to the reclamation fund.
[[Page 109 STAT. 412]]
administrative provision
Appropriations for the Bureau of Reclamation shall be available for
purchase of not to exceed 9 passenger motor vehicles for replacement
only.
TITLE III
DEPARTMENT OF ENERGY
Energy Supply, Research and Development Activities
For expenses of the Department of Energy activities including the
purchase, construction and acquisition of plant and capital equipment
and other expenses incidental thereto necessary for energy supply,
research and development activities, and other activities in carrying
out the purposes of the Department of Energy Organization Act (42 U.S.C.
7101, et seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition,
construction, or expansion; purchase of passenger motor vehicles (not to
exceed 25, of which 19 are for replacement only), $2,727,407,000, to
remain available until expended.
Uranium Supply and Enrichment Activities
For expenses of the Department of Energy in connection with
operating expenses; the purchase, construction, and acquisition of plant
and capital equipment and other expenses incidental thereto necessary
for uranium supply and enrichment activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101,
et seq.) and the Energy Policy Act (Public Law 102-486, section 901),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion; purchase of electricity as necessary; $64,197,000, to remain
available until expended: Provided, That revenues received by the
Department for uranium programs and estimated to total $34,903,000 in
fiscal year 1996 shall be retained and used for the specific purpose of
offsetting costs incurred by the Department for such activities
notwithstanding the provisions of 31 U.S.C. 3302(b) and 42 U.S.C.
2296(b)(2): Provided further, That the sum herein appropriated shall be
reduced as revenues are received during fiscal year 1996 so as to result
in a final fiscal year 1996 appropriation estimated at not more than
$29,294,000.
Uranium Enrichment Decontamination and Decommissioning Fund
For necessary expenses in carrying out uranium enrichment facility
decontamination and decommissioning, remedial actions and other
activities of title II of the Atomic Energy Act of 1954 and title X,
subtitle A of the Energy Policy Act of 1992, $278,807,000, to be derived
from the fund, to remain available until expended: Provided, That at
least $42,000,000 of amounts derived from the fund for such expenses
shall be expended in accordance with title X, subtitle A, of the Energy
Policy Act of 1992.
[[Page 109 STAT. 413]]
General Science and Research Activities
For expenses of the Department of Energy activities including the
purchase, construction and acquisition of plant and capital equipment
and other expenses incidental thereto necessary for general science and
research activities in carrying out the purposes of the Department of
Energy Organization Act (42 U.S.C. 7101, et seq.), including the
acquisition or condemnation of any real property or facility or for
plant or facility acquisition, construction, or expansion; purchase of
passenger motor vehicles (not to exceed 12 for replacement only),
$981,000,000, to remain available until expended.
Nuclear Waste Disposal Fund
For nuclear waste disposal activities to carry out the purposes of
Public Law 97-425, as amended, including the acquisition of real
property or facility construction or expansion, $151,600,000, to remain
available until expended, to be derived from the Nuclear Waste Fund.
Atomic Energy Defense Activities
weapons activities
For Department of Energy expenses, including the purchase,
construction and acquisition of plant and capital equipment and other
incidental expenses necessary for atomic energy defense weapons
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101, et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion; and the purchase of
passenger motor vehicles (not to exceed 79, of which 76 are for
replacement only, including one police-type vehicle), $3,460,314,000, to
remain available until expended.
defense environmental restoration and waste management
For Department of Energy expenses, including the purchase,
construction and acquisition of plant and capital equipment and other
incidental expenses necessary for atomic energy defense environmental
restoration and waste management activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101, et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion; and the purchase of passenger motor vehicles (not to exceed 7
for replacement only), $5,557,532,000, to remain available until
expended.
other defense activities
For Department of Energy expenses, including the purchase,
construction and acquisition of plant and capital equipment and other
incidental expenses necessary for atomic energy defense, other defense
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101, et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $1,373,212,000, to
remain available until expended.
[[Page 109 STAT. 414]]
defense nuclear waste disposal
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, $248,400,000, to remain
available until expended: Provided, That of the amount herein
appropriated, $85,000,000 shall be available for obligation and
expenditure only for an interim storage facility and only upon the
enactment of specific statutory authority.
Departmental Administration
For salaries and expenses of the Department of Energy necessary for
Departmental Administration and other activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101,
et seq.), including the hire of passenger motor vehicles and official
reception and representation expenses (not to exceed $35,000),
$366,697,000, to remain available until expended, plus such additional
amounts as necessary to cover increases in the estimated amount of cost
of work for others notwithstanding the provisions of the Anti-Deficiency
Act (31 U.S.C. 1511, et seq.): Provided, That such increases in cost of
work are offset by revenue increases of the same or greater amount, to
remain available until expended: Provided further, That moneys received
by the Department for miscellaneous revenues estimated to total
$122,306,000 in fiscal year 1996 may be retained and used for operating
expenses within this account, and may remain available until expended,
as authorized by section 201 of Public Law 95-238, notwithstanding the
provisions of section 3302 of title 31, United States Code: Provided
further, That the sum herein appropriated shall be reduced by the amount
of miscellaneous revenues received during fiscal year 1996 so as to
result in a final fiscal year 1996 appropriation estimated at not more
than $244,391,000.
Office of the Inspector General
For necessary expenses of the Office of the Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $25,000,000, to remain available until expended.
POWER MARKETING ADMINISTRATIONS
Operation and Maintenance, Alaska Power Administration
For necessary expenses of operation and maintenance of projects in
Alaska and of marketing electric power and energy, $4,260,000, to remain
available until expended.
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for official
reception and representation expenses in an amount not to exceed $3,000.
During fiscal year 1996, no new direct loan obligations may be made.
[[Page 109 STAT. 415]]
Operation and Maintenance, Southeastern Power Administration
For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and energy
pursuant to the provisions of section 5 of the Flood Control Act of 1944
(16 U.S.C. 825s), as applied to the southeastern power area,
$19,843,000, to remain available until expended.
Operation and Maintenance, Southwestern Power Administration
For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and energy, and
for construction and acquisition of transmission lines, substations and
appurtenant facilities, and for administrative expenses, including
official reception and representation expenses in an amount not to
exceed $1,500 connected therewith, in carrying out the provisions of
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied
to the southwestern power area, $29,778,000, to remain available until
expended; in addition, notwithstanding the provisions of 31 U.S.C. 3302,
not to exceed $4,272,000 in reimbursements, to remain available until
expended.
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
(including transfer of funds)
For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7101, et seq.), and
other related activities including conservation and renewable resources
programs as authorized, including official reception and representation
expenses in an amount not to exceed $1,500, $257,652,000, to remain
available until expended, of which $245,151,000 shall be derived from
the Department of the Interior Reclamation fund: Provided, That of the
amount herein appropriated, $5,283,000 is for deposit into the Utah
Reclamation Mitigation and Conservation Account pursuant to title IV of
the Reclamation Projects Authorization and Adjustment Act of 1992:
Provided further, That the Secretary of the Treasury is authorized to
transfer from the Colorado River Dam Fund to the Western Area Power
Administration $4,556,000 to carry out the power marketing and
transmission activities of the Boulder Canyon project as provided in
section 104(a)(4) of the Hoover Power Plant Act of 1984, to remain
available until expended.
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams, $1,000,000, to
remain available until expended and to be derived from the Falcon and
Amistad Operating and Maintenance Fund of the Western Area Power
Administration, as provided in section 423 of the Foreign Relations
Authorization Act, fiscal years 1994 and 1995.
[[Page 109 STAT. 416]]
Federal Energy Regulatory Commission
salaries and expenses
For necessary expenses of the Federal Energy Regulatory Commission
to carry out the provisions of the Department of Energy Organization Act
(42 U.S.C. 7101, et seq.), including services as authorized by 5 U.S.C.
3109, including the hire of passenger motor vehicles; official reception
and representation expenses (not to exceed $3,000); $131,290,000, to
remain available until expended: Provided <<NOTE: 42 USC 7171 note.>> ,
That notwithstanding any other provision of law, not to exceed
$131,290,000 of revenues from fees and annual charges, and other
services and collections in fiscal year 1996, shall be retained and used
for necessary expenses in this account, and shall remain available until
expended: Provided further, That the sum herein appropriated shall be
reduced as revenues are received during fiscal year 1996 so as to result
in a final fiscal year 1996 appropriation estimated at not more than $0.
TITLE IV
INDEPENDENT AGENCIES
APPALACHIAN REGIONAL COMMISSION
<<NOTE: 40 USC app. 401 note.>> For expenses necessary to carry out
the programs authorized by the Appalachian Regional Development Act of
1965, as amended, notwithstanding section 405 of said Act, and for
necessary expenses for the Federal Co-Chairman and the alternate on the
Appalachian Regional Commission and for payment of the Federal share of
the administrative expenses of the Commission, including services as
authorized by section 3109 of title 5, United States Code, and hire of
passenger motor vehicles, to remain available until expended,
$170,000,000.
DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Salaries and Expenses
For necessary expenses of the Defense Nuclear Facilities Safety
Board in carrying out activities authorized by the Atomic Energy Act of
1954, as amended by Public Law 100-456, section 1441, $17,000,000, to
remain available until expended.
DELAWARE RIVER BASIN COMMISSION
Salaries and Expenses
For expenses necessary to carry out the functions of the United
States member of the Delaware River Basin Commission, as authorized by
law (75 Stat. 716), $343,000.
Contribution to Delaware River Basin Commission
For payment of the United States share of the current expenses of
the Delaware River Basin Commission, as authorized by law (75 Stat. 706,
707), $428,000.
[[Page 109 STAT. 417]]
INTERSTATE COMMISSION ON THE POTOMAC RIVER BASIN
Contribution to Interstate Commission on the Potomac River Basin
To enable the Secretary of the Treasury to pay in advance to the
Interstate Commission on the Potomac River Basin the Federal
contribution toward the expenses of the Commission during the current
fiscal year in the administration of its business in the conservancy
district established pursuant to the Act of July 11, 1940 (54 Stat.
748), as amended by the Act of September 25, 1970 (Public Law 91-407),
$511,000.
NUCLEAR REGULATORY COMMISSION
Salaries and Expenses
(including transfer of funds)
For necessary expenses of the Commission in carrying out the
purposes of the Energy Reorganization Act of 1974, as amended, and the
Atomic Energy Act of 1954, as amended, including the employment of
aliens; services authorized by section 3109 of title 5, United States
Code; publication and dissemination of atomic information; purchase,
repair, and cleaning of uniforms, official representation expenses (not
to exceed $20,000); reimbursements to the General Services
Administration for security guard services; hire of passenger motor
vehicles and aircraft, $468,300,000, to remain available until expended,
of which $11,000,000 shall be derived from the Nuclear Waste Fund:
Provided, That from this appropriation, transfer of sums may be made to
other agencies of the Government for the performance of the work for
which this appropriation is made, and in such cases the sums so
transferred may be merged with the appropriation to which transferred:
Provided further, That moneys received by the Commission for the
cooperative nuclear safety research program, services rendered to
foreign governments and international organizations, and the material
and information access authorization programs, including criminal
history checks under section 149 of the Atomic Energy Act of 1954, as
amended, may be retained and used for salaries and expenses associated
with those activities, notwithstanding 31 U.S.C. 3302, and shall remain
available until expended: Provided further, That revenues from licensing
fees, inspection services, and other services and collections estimated
at $457,300,000 in fiscal year 1996 shall be retained and used for
necessary salaries and expenses in this account, notwithstanding 31
U.S.C. 3302, and shall remain available until expended: Provided
further, That the sum herein appropriated shall be reduced by the amount
of revenues received during fiscal year 1996 from licensing fees,
inspection services and other services and collections, excluding those
moneys received for the cooperative nuclear safety research program,
services rendered to foreign governments and international
organizations, and the material and information access authorization
programs, so as to result in a final fiscal year 1996 appropriation
estimated at not more than $11,000,000.
[[Page 109 STAT. 418]]
Office of Inspector General
(including transfer of funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, including services authorized by section 3109 of title 5,
United States Code, $5,000,000, to remain available until expended; and
in addition, an amount not to exceed 5 percent of this sum may be
transferred from Salaries and Expenses, Nuclear Regulatory Commission:
<<NOTE: Notice.>> Provided, That notice of such transfers shall be given
to the Committees on Appropriations of the House and Senate: Provided
further, That from this appropriation, transfers of sums may be made to
other agencies of the Government for the performance of the work for
which this appropriation is made, and in such cases the sums so
transferred may be merged with the appropriation to which transferred:
Provided further, That revenues from licensing fees, inspection
services, and other services and collections shall be retained and used
for necessary salaries and expenses in this account, notwithstanding 31
U.S.C. 3302, and shall remain available until expended: Provided
further, That the sum herein appropriated shall be reduced by the amount
of revenues received during fiscal year 1996 from licensing fees,
inspection services, and other services and collections, so as to result
in a final fiscal year 1996 appropriation estimated at not more than $0.
NUCLEAR WASTE TECHNICAL REVIEW BOARD
Salaries and Expenses
(including transfer of funds)
For necessary expenses of the Nuclear Waste Technical Review Board,
as authorized by Public Law 100-203, section 5051, $2,531,000, to be
transferred from the Nuclear Waste Fund and to remain available until
expended.
SUSQUEHANNA RIVER BASIN COMMISSION
Salaries and Expenses
For expenses necessary to carry out the functions of the United
States member of the Susquehanna River Basin Commission as authorized by
law (84 Stat. 1541), $318,000.
Contribution to Susquehanna River Basin Commission
For payment of the United States share of the current expenses of
the Susquehanna River Basin Commission, as authorized by law (84 Stat.
1530, 1531), $250,000.
TENNESSEE VALLEY AUTHORITY
Tennessee Valley Authority Fund
For the purpose of carrying out the provisions of the Tennessee
Valley Authority Act of 1933, as amended (16 U.S.C. ch. 12A), including
purchase, hire, maintenance, and operation of aircraft,
[[Page 109 STAT. 419]]
and purchase and hire of passenger motor vehicles, $109,169,000, to
remain available until expended. The Tennessee Valley Authority shall,
not later than March 30, 1996, submit to Congress a preliminary plan for
funding the environmental research center from sources other than direct
appropriations to the Tennessee Valley Authority after fiscal year 1996.
TITLE V
GENERAL PROVISIONS
Sec. 501. Section 510 of Public Law 101-514, the Fiscal Year 1991
Energy and Water Development Appropriations Act, <<NOTE: 42 USC 7133
note.>> is repealed.
Sec. 502 <<NOTE: Reports. 43 USC 371 note.>> . Notwithstanding the
provisions of any other law, the report referred to in title 30 of
Public Law 102-575 shall be submitted within five years from the date of
enactment of that Act.
Sec. 503 <<NOTE: 42 USC 10262 note.>> . Without fiscal year
limitation and notwithstanding section 502(b)(5) of the Nuclear Waste
Policy Act, as amended, or any other provision of law, a member of the
Nuclear Waste Technical Review Board whose term has expired may continue
to serve as a member of the Board until such member's successor has
taken office.
Sec. 504. Section 4(a) of the Act entitled ``An Act to provide for
the restoration of the fish and wildlife in the Trinity River Basin,
California, and for other purposes'', approved October 24, 1984 (98
Stat. 2723), is amended--
(a) in paragraph (1), by striking ``October 1, 1995'' and
inserting in lieu thereof ``October 1, 1996''; and
(b) in paragraph (2), by striking ``ten-year'' and inserting
in lieu thereof ``eleven-year''.
Sec. 505. (a) Purchase of American-Made Equipment and Products.--It
is the sense of the Congress that, to the greatest extent practicable,
all equipment and products purchased with funds made available in this
Act should be American-made.
(b) Notice Requirement.--In providing financial assistance to, or
entering into any contract with, any entity using funds made available
in this Act, the head of each Federal agency, to the greatest extent
practicable, shall provide to such entity a notice describing the
statement made in subsection (a) by the Congress.
Sec. 506. None of the funds made available in this Act may be used
to revise the Missouri River Master Water Control Manual when it is made
known to the Federal entity or official to which the funds are made
available that such revision provides for an increase in the springtime
water release program during the spring heavy rainfall and snow melt
period in States that have rivers draining into the Missouri River below
the Gavins Point Dam.
Sec. 507. In order to ensure the timely implementation of the
Colorado Ute Indian Water Rights Settlement Act of 1988, the Secretary
of the Interior is directed to proceed without delay with construction
of those facilities in conformance with the final Biological Opinion for
the Animas-La Plata project, Colorado and New Mexico, dated October 25,
1991.
Sec. 508 <<NOTE: 16 USC 832m.>> . (a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Bonneville Power Administration.
[[Page 109 STAT. 420]]
(2) Council.--The term ``Council'' means the Northwest Power
and Conservation Planning Council.
(3) Excess Federal Power.--The term ``excess Federal power''
means such electric power that has become surplus to the firm
contractual obligations of the Administrator under section 5(f)
of the Pacific Northwest Electric Power Planning and
Conservation Act (16 U.S.C. 839c(f)) due to either--
(A) any reduction in the quantity of electric power
that the Administrator is contractually required to
supply under subsections (b) and (d) of section 5 of the
Pacific Northwest Electric Power Planning and
Conservation Act (16 U.S.C. 839c), due to the election
by customers of the Bonneville Power Administration to
purchase electric power from other suppliers, as
compared to the quantity of electric power that the
Administrator was contractually required to supply as of
January 1, 1995; or
(B) those operations of the Federal Columbia River
Power System that are primarily for the benefit of fish
and wildlife affected by the development, operation, or
management of the System.
(b) Sale of Excess Federal Power.--Notwithstanding section 2,
subsections (a), (b), and (c) of section 3, and section 7 of Public Law
88-552 (16 U.S.C. 837a, 837b, and 837f), and section 9(c) of the Pacific
Northwest Electric Power Planning and Conservation Act (16 U.S.C.
839f(c)), the Administrator may, as permitted by otherwise applicable
law, sell or otherwise dispose of excess Federal power--
(1) outside the Pacific Northwest on a firm basis for a
contract term of not to exceed 7 years, if the excess Federal
power is first offered for a reasonable period of time and under
the same essential rate, terms and conditions to those Pacific
Northwest public body, cooperative and investor-owned utilities
and those direct service industrial customers identified in
subsection (b) or (d)(1)(A) of section 5 of the Pacific
Northwest Electric Power Planning and Conservation Act (16
U.S.C. 839c); and
(2) in any region without the prohibition on resale
established by the second sentence of section 5(a) of the Act
entitled ``An Act to authorize the completion, maintenance, and
operation of Bonneville project for navigation, and for other
purposes'', approved August 20, 1937 (commonly known as the
``Bonneville Project Act of 1937'') (16 U.S.C. 832d(a)).
(c) <<NOTE: Reports.>> Study by Council.--(1) Within 180 days of
enactment of this Act, the Council shall review and report to Congress
regarding the most appropriate governance structure to allow more
effective regional control over efforts to conserve and enhance
anadromous and resident fish and wildlife within the Federal Columbia
River Power System.
(d) Corps of Engineers Procurement.--The Assistant Secretary of the
Army for Civil Works, acting through the North Pacific Division of the
Corps of Engineers, is authorized to place orders for goods and services
related to facilities for electric power generation and fish and
wildlife mitigation associated with the Federal Columbia River Power
System with and through the Administrator using the authorities
available to the Administrator.
(e) Residential Exchange.--Notwithstanding the establishment,
confirmation and approval of rates pursuant to 16 U.S.C.
[[Page 109 STAT. 421]]
839e, and notwithstanding the provisions of 16 U.S.C. 839c(c), the cost
benefits of eligible utilities' total purchase and exchange sales under
16 U.S.C. 839c(c)(1) shall be $145,000,000 for fiscal year 1997, and the
net benefits paid to each eligible electric utility shall be
$145,000,000 multiplied by the percentage of the total of such net
benefits paid by the Administrator to such utility for fiscal year 1995.
(f) Personnel Flexibility.--The Administrator may offer employees
voluntary separation incentives as deemed necessary which shall not
exceed $25,000. Recipients who accept employment with the United States
within five years after separation shall repay the entire amount to the
Bonneville Power Administration.
(g) Savings.--Unless superseded by an Act of Congress, the authority
provided by this section is expressly intended to extend beyond the
fiscal year.
Sec. 509. Section 7 of the Magnetic Fusion Energy Engineering Act
(42 U.S.C. 9396 <<NOTE: 42 USC 9306.>> ) is repealed.
Sec. 510. Water Levels in Rainy Lake and Namakan Lake.--
(a) Findings.--Congress finds that--
(1) the Rainy Lake and Namakan Reservoir Water Level
International Steering Committee conducted a 2-year analysis in
which public comments on the water levels in Rainy Lake and
Namakan Lake revealed significant problems with the current
regulation of water levels and resulted in Steering Committee
recommendations in November 1993; and
(2) maintaining water levels closer to those recommended by
the Steering Committee will help ensure the enhancement of water
quality, fish and wildlife, and recreational resources in Rainy
Lake and Namakan Lake.
(b) Definitions.--In this section:
(1) Existing rule curve.--The term ``existing rule curve''
means each of the rule curves promulgated by the International
Joint Commission to regulate water levels in Rainy Lake and
Namakan Lake in effect as of the date of enactment of this Act.
(2) Proposed rule curve.--The term ``proposed rule curve''
means each of the rule curves recommended by the Rainy Lake and
Namakan Reservoir International Steering Committee for
regulation of water levels in Rainy Lake and Namakan Lake in the
publication entitled ``Final Report and Recommendations''
published in November 1993.
(c) Water Levels.--The dams at International Falls and Kettle Falls,
Minnesota, in Rainy Lake and Namakan Lake, respectively, shall be
operated so as to maintain water levels as follows:
(1) Coincident rule curves.--In each instance in which an
existing rule curve coincides with a proposed rule curve, the
water level shall be maintained within the range of such
coincidence.
(2) Noncoincident rule curves.--In each instance in which an
existing rule curve does not coincide with a proposed rule
curve, the water level shall be maintained at the limit of the
existing rule curve that is closest to the proposed rule curve.
(d) Enforcement.--
(1) In general.--The Federal Energy Regulatory Commission
shall enforce this section as though the provisions were
[[Page 109 STAT. 422]]
included in the license issued by the Commission on December 31,
1987, for Commission Project No. 5223-001.
(2) Rule of construction.--Nothing in this section shall be
construed to require the Commission to alter the license for
Commission Project No. 5223-001 in any way.
(e) Sunset.--This section shall remain in effect until the
International Joint Commission review of and decision on the Steering
Committee's recommendations are completed.
This Act may be cited as the ``Energy and Water Development
Appropriations Act, 1996''.
Approved November 13, 1995.
LEGISLATIVE HISTORY--H.R. 1905:
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 104-149 (Comm. on Appropriations) and 104-293 (Comm.
of Conference).
SENATE REPORTS: No. 104-120 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 141 (1995):
July 11, 12, considered and passed House.
July 31, Aug. 1, considered and passed Senate, amended.
Oct. 31, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 31 (1995):
Nov. 13, Presidential statement.
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