PUBLIC LAW 104–46—NOV. 13, 1995

ENERGY AND WATER DEVELOPMENT

APPROPRIATIONS ACT, 1996
109 STAT. 402 PUBLIC LAW 104–46—NOV. 13, 1995

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.

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.

Energy and

Water

Development

Appropriations

Act, 1996.

Nov. 13, 1995

[H.R. 1905]
PUBLIC LAW 104–46—NOV. 13, 1995 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;
109 STAT. 404 PUBLIC LAW 104–46—NOV. 13, 1995

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
PUBLIC LAW 104–46—NOV. 13, 1995 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.
109 STAT. 406 PUBLIC LAW 104–46—NOV. 13, 1995

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.

Contracts.
PUBLIC LAW 104–46—NOV. 13, 1995 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 nonFederal. The non-Federal interest shall receive credit for

the reasonable costs of design work completed by such
109 STAT. 408 PUBLIC LAW 104–46—NOV. 13, 1995

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 nonFederal.’’.

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 conPublic lands.

Kentucky.
PUBLIC LAW 104–46—NOV. 13, 1995 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-
109 STAT. 410 PUBLIC LAW 104–46—NOV. 13, 1995

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.
PUBLIC LAW 104–46—NOV. 13, 1995 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.
109 STAT. 412 PUBLIC LAW 104–46—NOV. 13, 1995

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.
PUBLIC LAW 104–46—NOV. 13, 1995 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.
109 STAT. 414 PUBLIC LAW 104–46—NOV. 13, 1995

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.
PUBLIC LAW 104–46—NOV. 13, 1995 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.
109 STAT. 416 PUBLIC LAW 104–46—NOV. 13, 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.

40 USC app. 401

note.

42 USC 7171

note.
PUBLIC LAW 104–46—NOV. 13, 1995 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.
109 STAT. 418 PUBLIC LAW 104–46—NOV. 13, 1995

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,

Notice.
PUBLIC LAW 104–46—NOV. 13, 1995 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, 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.

16 USC 832m.

42 USC 10262

note.

Reports.

43 USC 371 note.

42 USC 7133

note.
109 STAT. 420 PUBLIC LAW 104–46—NOV. 13, 1995

(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.

Reports.
PUBLIC LAW 104–46—NOV. 13, 1995 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) 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

42 USC 9306.
109 STAT. 422 PUBLIC LAW 104–46—NOV. 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.

Æ

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.