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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1905 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                             August 1 (legislative day, July 10), 1995.
      Resolved, That the bill from the House of Representatives (H.R. 
1905) entitled ``An Act making appropriations for energy and water 
development for the fiscal year ending September 30, 1996, and for 
other purposes'', do pass with the following

                              AMENDMENTS:
 (1)Page 2, line 20, strike out [$129,906,000] and insert: $126,323,000

 (2)Page 2, strike out all after line 22, over to and including line 2 
on page 3 and insert:
            Norco Bluffs, California, $375,000;
            Indianapolis Central Waterfront, Indiana, $1,000,000;
            Kentucky Lock and Dam, Kentucky, $2,500,000; and
            West Virginia Port Development, West Virginia, $300,000.

 (3)Page 3, line 12, strike out [$807,846,000] and insert: $778,456,000

 (4)Page 3, strike out all after line 22, over to and including line 25 
on page 4 and insert:
            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;
            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 (Lesiva 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, $11,838,000;
            Ouachita River Levees, Louisiana, $2,300,000;
            Red River below Denison Dam Levee and Bank Stabilization, 
        Louisiana, Arkansas, and Texas, $2,000,000;
            Roughans Point, Massachusetts, $710,000;
            Marshall, Minnesota, $850,000;
            Ste. Genevieve, Missouri, $1,000,000;
            Broad Top Region, Pennsylvania, $2,000,000;
            Glen Foerd, Pennsylvania, $200,000;
            Wallisville Lake, Texas, $5,000,000;
            Virginia Beach Erosion Control and Hurricane Protection, 
        Virginia, $1,100,000;
            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.

 (5)Page 5, line 19, strike out [$1,712,123,000] and insert: 
$1,696,998,000

 (6)Page 6, line 4, strike out [$5,926,000] and insert: $3,426,000

 (7)Page 6, line 6, after ``project'' insert: : Provided further, That 
the Secretary of the Army is directed during fiscal year 1996 to 
maintain a minimum conservation pool level of 475.5 at Wister Lake in 
Oklahoma

 (8)Page 7, line 3, strike out [$150,000,000] and insert: $153,000,000 
to remain available until expended

 (9)Page 7, line 3, strike out all after ``Provided,'' down to and 
including ``further,'' in line 6

 (10)Page 7, line 13, after ``Congress'' insert: (including the 
Committee on Environment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives)

 (11)Page 8, strike out lines 7 to 25 and insert:
    Sec. 101. (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 Corps of Engineers 
shall reduce the 7,500,000 cubic yards of hopper dredge volume 
contained in subsection (a) of this section by the proportional amount 
of work which had been allocated to such dredge over the past three 
fiscal years in calculating the reduction in Corps dredging work 
required to implement subsection (a).

 (12)Page 10, after line 2, insert:
    Sec. 103. 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.

 (13)Page 10, after line 2, insert:
    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 (P.L. 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.

 (14)Page 10, after line 2, insert:
    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.

 (15)Page 10, after line 2, insert:
SEC. 106. WATER LEVEL IN LAKE TRAVERSE, SOUTH DAKOTA AND MINNESOTA.

    (a) In General.--Subject to subsection (b), notwithstanding any 
other law, the Secretary of the Army, acting through the Chief of 
Engineers of the Army Corps of Engineers and using funds made available 
under this Act, shall, to the greatest extent practicable, take such 
actions as are necessary to obtain and maintain an elevation of 977 
feet above sea level in Lake Traverse, South Dakota and Minnesota.
    (b) Limitation.--No action taken under subsection (a) shall result 
in flooding at Mud Lake, South Dakota and Minnesota.

 (16)Page 10, after line 2, insert:
    Sec. 107. 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.

 (17)Page 11, line 13, strike out [$13,114,000] and insert: $11,234,000

 (18)Page 11, line 21, after ``expended'' insert: : Provided further, 
That within available funds, $300,000 is for the completion of the 
feasibility study of alternatives for meeting the drinking water needs 
on the Cheyenne River Sioux Reservation and surrounding communities

 (19)Page 12, line 2, strike out [$417,301,000] and insert: 
$390,461,000

 (20)Page 12, line 5, strike out [$94,225,000] and insert: $92,725,000

 (21)Page 13, line 11, strike out [$278,759,000] and insert: 
$267,393,000

 (22)Page 16, lines 23 and 24, strike out [$2,576,700,000 (less 
$1,000,000), to remain available until expended] and insert: 
$2,793,324,000 to remain available until expended: Provided, That no 
more than $7,500,000 of such funds shall be used for the termination of 
the Gas Turbine-Modular Helium Reactor program

 (23)Page 16, line 24, after ``expended'' insert: , of which amount 
within available funds $56,000,000 may be available to continue 
operation of the Tokamak Fusion Test Reactor (for which purpose, the 
Secretary may use savings from reducing general administrative expenses 
in accordance with the Department of Energy's strategic alignment and 
downsizing effort, but none of the savings used for this purpose shall 
come from programmatic accounts within this title)

 (24)Page 16, line 24, after ``expended'' insert: : Provided further, 
That within the amount for Indian Energy Resource projects, $2,000,000 
may be made available to fund the Crow energy resources programs under 
title XXVI of the Energy Policy Act of 1992 (25 U.S.C. 3501 et seq.)

 (25)Page 16, line 24, strike out all after ``expended'' over to and 
including ``13316)'' in line 2 on page 17

 (26)Page 17, after line 2 insert:
Funding for Energy Supply, Research and Development Activities Relating 
                      To Renewable Energy Sources

    (a) Reduction in Appropriation for Departmental Administration.--
Notwithstanding any other provision of this Act, the amount 
appropriated in title III of this Act under the heading Departmental 
Administration is hereby reduced by $25,000,000.
    (b) Increase in Appropriation for Energy Supply, Research and 
Development Activities.--Notwithstanding any other provision of this 
Act, the amount appropriated in title III of this Act under the heading 
Energy Supply, Research and Development Activities is hereby increased 
by $37,000,000.
    (c) Availability of Funds.--Of the funds appropriated in title III 
of this Act under the heading Energy Supply, Research and Development 
Activities--
            (1) not less than $4,500,000 shall be available for solar 
        building technology research;
            (2) not less than $78,929,000 shall be available for 
        photovoltaic energy systems;
            (3) not less than $28,443,000 shall be available for solar 
        thermal energy systems;
            (4) not less than $55,300,000 shall be available for 
        biofuels of which no less than half shall go toward the Biomass 
        Electric Program;
            (5) not less than $42,000,000 shall be available for wind 
        energy systems;
            (6) not less than $8,000,000 shall be available for 
        international solar energy programs;
            (7) not less than $9,000,000 shall be available for 
        hydrogen research.

 (27)Page 18, line 23, strike out [$991,000,000] and insert: 
$971,000,000

 (28)Page 19, strike out lines 2 to 6 and insert:
    For the 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: 
Provided, That of the amount herein appropriated together with the 
amount provided in the Defense Nuclear Waste Disposal Appropriation 
contained in this title, within available funds, no more than 
$250,000,000 shall be available to continue, at a reduced level, the 
technical site characterization effort and to retain deferred licensing 
capability at the Yucca Mountain site: Provided further, That the 
facility for the initial storage of no more than 40,000 metric tons of 
uranium at a site to be determined by the President shall be licensed 
by the Nuclear Regulatory Commission for an unspecified period, in 
accordance with its regulations governing the licensing of independent 
spent fuel storage installations, without regard to sections 148(a) and 
148(d) of Public Law 97-425: Provided further, That the facility shall 
be expandable for the subsequent transportation and interim storage of 
up to 100,000 metric tons of uranium and shall be operational in the 
1998 timeframe, consistent with sections 135(a)(1)(B), 135(a)(4), 
137(a), 141(a), 148(a), 148(b), and 148(c) of Public Law 97-425, but 
without regard to sections 131(a)(3), 131(b)(2), 135(a)(1), 135(d), 
135(e), 146, 148(d)(1), 148(d)(3), and 148(d)(4) of Public Law 97-425: 
Provided further, That the director shall review the program's 
institutional activities, including all cooperative agreements, 
international commitments, and university assistance, and shall make 
available to these entities amounts commensurate with the revised 
program for nuclear waste disposal activities: Provided further, That 
any funds provided to the State of Nevada are for the sole purpose of 
conduct of its scientific oversight responsibilities pursuant to Public 
Law 97-425, as amended: Provided further, That none of the funds herein 
appropriated may be used directly or indirectly to influence 
legislative action on any matter pending before Congress or a State 
legislature or for any lobbying activity as provided in section 1913 of 
title 18, United States Code: Provided further, That the Secretary 
shall submit to the Congress within 90 days a revised program plan and 
schedule, including a new five-year budget, that addresses the 
construction and operation of the interim storage capability, the 
revised site characterization program at the Yucca Mountain site, and 
the results of the Director's review of the program's institutional 
activities.

 (29)Page 19, line 19, strike out [$3,273,014,000] and insert: 
$3,751,719,000

 (30)Page 20, line 7, strike out [$5,265,478,000] and insert: 
$5,989,750,000

 (31)Page 20, line 18, strike out [$1,323,841,000] and insert: 
$1,439,112,000

 (32)Page 20, line 18, after ``expended'' insert: : Provided, That 
within available funds, $4,952,000 is provided for electrical and 
utility systems upgrade, Idaho Chemical Processing Plant, Idaho 
National Engineering Laboratory, project number 96-D-463

 (33)Page 20, line 23, strike out [$198,400,000] and insert: 
$248,400,000

 (34)Page 20, line 24, after ``pended'' insert: , all of which shall be 
used in accordance with the terms and conditions of the Nuclear Waste 
Fund appropriation of the Department of Energy contained in this title

 (35)Page 21, line 8, strike out [$362,250,000] and insert: 
$377,126,000

 (36)Page 21, line 17, strike out [$122,306,000] and insert: 
$137,306,000

 (37)Page 21, line 25, strike out [$239,944,000] and insert: 
$239,820,000

 (38)Page 22, line 4, strike out [$26,000,000] and insert: $25,000,000

 (39)Page 25, line 9, strike out [$132,290,000] and insert: 
$131,290,000

 (40)Page 25, line 11, strike out [$132,290,000] and insert: 
$131,290,000

 (41)Page 26, line 6, strike out [$142,000,000] and insert: 
$182,000,000

 (42)Page 26, after line 14 insert:
                    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), $440,000: Provided, That the United States 
Commissioner (Alternate Federal Member) shall not be compensated at a 
level higher than General Schedule level 15.

            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), $478,000.

 (43)Page 26, after line 14 insert:
            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.

 (44)Page 27, line 3, strike out [$468,300,000] and insert: 
$474,300,000

 (45)Page 27, line 4, strike out [$11,000,000] and insert: $17,000,000

 (46)Page 28, line 9, strike out [$11,000,000] and insert: $17,000,000

 (47)Page 29, line 17, strike out [$2,531,000] and insert: $2,664,000

 (48)Page 29, after line 19 insert:
                   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), $280,000: Provided, That the United States 
Commissioner (Alternate Federal Member) shall not be compensated at a 
level higher than General Schedule level 15.

           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), $288,000.

 (49)Page 30, line 1, strike out [$103,339,000] and insert: 
$110,339,000

 (50)Page 30, line 2, after ``expended'' insert: . Of the funds 
appropriated under this heading, not more than $25,000,000 may be 
expended for the Tennessee Valley Authority Environmental Research 
Center in Muscle Shoals, Alabama, in the event that the Center expends 
less than $25,000,000, such amount not expended shall be returned to 
the United States Treasury and the Tennessee Valley Authority 
appropriation reduced accordingly and the Tennessee Valley Authority 
shall take steps to obtain funding from other sources so as to reduce 
appropriated funding in the future and, not later than January 1, 1996, 
submit to Congress a preliminary plan securing funding from other 
sources

 (51)Page 30, strike out lines 5 to 12

 (52)Page 30, strike out lines 19 to 25

 (53)Page 31, strike out lines 20 to 24

 (54)Page 32, strike out lines 1 to 9

 (55)Page 32, after line 9 insert:
    Sec. 509. Without fiscal year limitation, the amount of fish and 
wildlife costs that the Bonneville Power Administration may incur 
during a fiscal year shall not exceed its ability to pay as a percent 
of the preceding years gross annual power revenues exclusive of gross 
residential exchange revenues that the Bonneville Administrator accrues 
in that fiscal year. No branch or agency of the Federal Government 
shall take any action pursuant to any law which shall cause the 
Bonneville Power Administration to exceed this expenditure limitation.
    ``Fish and wildlife costs'' includes--
            (1) purchase power costs and lost revenues, as determined 
        by the Bonneville Administrator (subject to independent audit), 
        based on the forecast value of such costs or revenues under 
        average flow conditions, related to operations of the Federal 
        Columbia River Power System for the benefit of fish and 
        wildlife affected by the development, operation, or management 
        of such system using operations prior to passage of the 
        Northwest Power Act as a baseline for calculating such costs;
            (2) expenditures; and
            (3) reimbursable costs.
This provision shall be implemented on October 1, 1995 unless there is 
a valid agreement which limits Bonneville's exposure to increases in 
fish and wildlife costs consistent with its ability to pay and the 
needs for fish and wildlife resources in the Columbia River Basin.

 (56)Page 32, after line 9 insert:
SEC. 510. MAGNETIC FUSION ENERGY ENGINEERING.

    Section 7 of the Magnetic Fusion Energy Engineering Act (42 U.S.C. 
9396) is repealed.

SEC. 511. REPEAL OF REPORT ON VERIFICATION TECHNIQUES FOR PRODUCTION OF 
              PLUTONIUM AND HIGHLY ENRICHED URANIUM.

    Section 3131 of the National Defense Authorization Act for Fiscal 
Year 1991 (Public Law 101-510; 104 Stat. 1839) is amended by striking 
out subsection (c).

 (57)Page 32, after line 9 insert:
SEC. 512. SENSE OF THE SENATE ON THE CONFERENCE ON S. 4, THE LINE ITEM 
              VETO ACT.

    (a) Findings.--The Senate finds that--
            (1) the line item veto was a major plank in the House 
        majority's ``Contract with America'' and has received strong 
        bipartisan support in the 104th Congress;
            (2) the House of Representatives on February 6, 1995, 
        passed H.R. 2, the Line Item Veto Act, on a vote of 294-134;
            (3) the Senate on March 23, 1995, passed S. 4, the Separate 
        Enrollment and Line Item Veto Act of 1995, on a vote of 69-29;
            (4) the House passed S. 4, with the text of H.R. 2 
        inserted, by voice vote on May 17, 1995, 50 days after passage 
        by the Senate;
            (5) notwithstanding the failure of the House to request a 
        conference, the Senate disagreed with the House amendments, 
        requested a conference and appointed conferees on S. 4 on June 
        20, 1995;
            (6) the papers for S. 4 have been held at the desk of the 
        Speaker of the House for 42 days and the Speaker of the House 
        has not yet moved to appoint conferees;
            (7) with the passage of time it increasingly appears that 
        the Congress may pass and send to the President not only the 
        appropriations bills for fiscal year 1996 but also the 
        reconciliation bill required by H.Con.Res. 67 (the concurrent 
        resolution setting forth the congressional budget for fiscal 
        years 1996, 1997, 1998, 1999, 2000, 2001, and 2002) without 
        first passing and sending to the President a line item veto 
        bill; and
            (8) the House majority leadership has publicly cast doubt 
        on the prospects for a conference on S. 4 this year.
    (b) Sense of the Senate.--It is the sense of the Senate that--
            (1) the Speaker of the House should move to appoint 
        conferees on S. 4 immediately, so that the House and Senate may 
        resolve their differences on this important legislation.

 (58)Page 32, after line 9 insert:
SEC. 513. ENERGY SAVINGS AT FEDERAL FACILITIES.

    (a) Reduction in Facilities Energy Costs.--The head of each agency 
for which funds are made available under this Act shall take all 
actions necessary to achieve during fiscal year 1996 a 5 percent 
reduction, from fiscal year 1995 levels, in the energy costs of the 
facilities used by the agency.
    (b) Use of Cost Savings.--An amount equal to the amount of cost 
savings realized by an agency under subsection (a) shall remain 
available for obligation through the end of fiscal year 1997, without 
further authorization or appropriation, as follows:
            (1) Conservation measures.--Fifty percent of the amount 
        shall remain available for the implementation of additional 
        energy conservation measures and for water conservation 
        measures at such facilities used by the agency as are 
        designated by the head of the agency.
            (2) Other purposes.--Fifty percent of the amount shall 
        remain available for use by the agency for such purposes as are 
        designated by the head of the agency, consistent with 
        applicable law.
    (c) Report.--
            (1) In general.--Not later than December 31, 1996, the head 
        of each agency described in subsection (a) shall submit a 
        report to Congress specifying the results of the actions taken 
        under subsection (a) and providing any recommendations as to 
        how to further reduce energy costs and energy consumption in 
        the future.
            (2) Contents.--Each report shall--
                    (A) specify the total energy costs of the 
                facilities used by the agency;
                    (B) identify the reductions achieved; and
                    (C) specify the actions that resulted in the 
                reductions.

 (59)Page 32, after line 9 insert:
SEC. 514. 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 
        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.
            Attest:

                                                             Secretary.
104th CONGRESS

  1st Session

                               H. R. 1905

_______________________________________________________________________

                               AMENDMENTS
HR 1905 EAS----2
HR 1905 EAS----3
HR 1905 EAS----4
HR 1905 EAS----5
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