H. R. 1905—8
veyed land either on the date of the conveyance or any subse-
quent 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 Mitiga-
tion and Conservation Account: Provided, That of the amounts
deposited into the Account, $5,000,000 shall be considered the Fed-
eral Contribution authorized by paragraph 402(b)(2) of the Act
and $18,503,000 shall be available to the Utah Reclamation Mitiga-
tion 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 there-
to) and other Acts applicable to that Bureau as follows:
GENERAL INVESTIGATIONS
For engineering and economic investigations of proposed Fed-
eral 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-
H. R. 1905—9
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: Pro-
vided, 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 trans-
fers 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 appro-
priated 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 appro-
priated, 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 reve-
nues 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.
H. R. 1905—10
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 Rec-
lamation Projects Act of August 6, 1956, as amended (43 U.S.C.
422a–422l): Provided, That such costs, including the cost of modify-
ing such loans, shall be as defined in section 502 of the Congres-
sional 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 activi-
ties 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 Restora-
tion 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 appropria-
tion 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.
H. R. 1905—11
ADMINISTRATIVE PROVISION
Appropriations for the Bureau of Reclamation shall be available
for purchase of not to exceed 9 passenger motor vehicles for replace-
ment 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 pas-
senger motor vehicles (not to exceed 25, of which 19 are for replace-
ment 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.
H. R. 1905—12
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 gen-
eral 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 weap-
ons 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 condemna-
tion of any real property or any facility or for plant or facility
acquisition, construction, or expansion; and the purchase of pas-
senger 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.
H. R. 1905—13
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 nec-
essary 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 notwith-
standing 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 appro-
priated 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.
H. R. 1905—14
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, sub-
stations 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, not-
withstanding 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 appro-
priated, $5,283,000 is for deposit into the Utah Reclamation Mitiga-
tion and Conservation Account pursuant to title IV of the Reclama-
tion 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 hydro-
electric 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 West-
ern Area Power Administration, as provided in section 423 of the
Foreign Relations Authorization Act, fiscal years 1994 and 1995.
H. R. 1905—15
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 author-
ized 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.
H. R. 1905—16
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 trans-
ferred 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, serv-
ices rendered to foreign governments and international organiza-
tions, and the material and information access authorization pro-
grams, so as to result in a final fiscal year 1996 appropriation
estimated at not more than $11,000,000.
H. R. 1905—17
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, trans-
fers 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,
H. R. 1905—18
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 prelimi-
nary 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.
H. R. 1905—19
(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 sub-
section (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 estab-
lished by the second sentence of section 5(a) of the Act entitled
‘‘An Act to authorize the completion, maintenance, and oper-
ation of Bonneville project for navigation, and for other pur-
poses’’, 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 regard-
ing the most appropriate governance structure to allow more effec-
tive regional control over efforts to conserve and enhance anad-
romous and resident fish and wildlife within the Federal Columbia
River Power System.
(d) CORPS OF ENGINEERS PROCUREMENT.—The Assistant Sec-
retary 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 establish-
ment, confirmation and approval of rates pursuant to 16 U.S.C.
H. R. 1905—20
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 Commit-
tee for regulation of water levels in Rainy Lake and Namakan
Lake in the publication entitled ‘‘Final Report and Rec-
ommendations’’ 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 Commis-
sion shall enforce this section as though the provisions were
H. R. 1905—21
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 Inter-
national 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.