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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1905 Enrolled Bill (ENR)]

        H.R.1905

                       One Hundred Fourth Congress

                                 of the

                        United States of America

                          AT THE FIRST SESSION

         Begun and held at the City of Washington on Wednesday,
  the fourth day of January, one thousand nine hundred and ninety-five

                                 An Act

 
 Making appropriations for energy and water development for the fiscal 
         year ending September 30, 1996, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress 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.

                         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;
        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
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.

                           GENERAL PROVISIONS

                       Corps of Engineers--Civil

    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 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.
    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 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) 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 conveyed 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 contributed 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.

                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.

                         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.

                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.

                      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.

      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.

                  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, 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

    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.

            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.

                      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: 
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, 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, is repealed.
    Sec. 502. 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. 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. (a) Definitions.--In this section:
        (1) Administrator.--The term ``Administrator'' means the 
    Administrator of the Bonneville Power Administration.
        (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) 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. 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) 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 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''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```