In the Senate of the United States,
August 1 (legislative day, July 10), 1995.
Resolved, That the bill from the House of Representa-
tives (H.R. 1905) entitled ‘‘An Act making appropriations for
energy and water development for the fiscal year ending Sep-
tember 30, 1996, and for other purposes’’, do pass with the
following
AMENDMENTS:
Ω1æPage 2, line 20, strike out ø$129,906,000¿ and in-
sert: $126,323,000
Ω2æPage 2, strike out all after line 22, over to and in-
cluding line 2 on page 3 and insert:
Norco Bluffs, California, $375,000;
Indianapolis 
Central 
Waterfront, 
Indiana,
$1,000,000;
Kentucky Lock and Dam, Kentucky, $2,500,000;
and
West Virginia Port Development, West Virginia,
$300,000.
HR 1905 EAS
Ω3æPage 3, line 12, strike out ø$807,846,000¿ and in-
sert: $778,456,000
Ω4æPage 3, strike out all after line 22, over to and in-
cluding line 25 on page 4 and insert:
Homer Spit, Alaska, repair and extend project,
$3,800,000;
McClellan-Kerr Arkansas River Navigation Sys-
tem, 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, Arkan-
sas and Louisiana, $6,600,000;
Sacramento River Flood Control Project (Glenn-
Colusa Irrigation District), California, $300,000;
Arkansas City flood control project, Kansas,
$700,000, except that for the purposes of the project,
section 902 of Public Law 99–662 is waived;
Winfield, Kansas, $670,000;
Harlan (Levisa and Tug Forks of the Big Sandy
River and Upper Cumberland River), Kentucky,
$12,000,000;
Williamsburg (Levisa and Tug Forks of the Big
Sandy River and Upper Cumberland River), Ken-
tucky, $4,100,000;
HR 1905 EAS
Middlesboro (Lesiva and Tug Forks of the Big
Sandy River and Upper Cumberland River), Ken-
tucky, $1,600,000;
Salyersville, Kentucky, $500,000;
Lake Pontchartrain and Vicinity (Hurricane
Protection), Louisiana, $11,838,000;
Ouachita River Levees, Louisiana, $2,300,000;
Red River below Denison Dam Levee and Bank
Stabilization, 
Louisiana, 
Arkansas, 
and 
Texas,
$2,000,000;
Roughans Point, Massachusetts, $710,000;
Marshall, Minnesota, $850,000;
Ste. Genevieve, Missouri, $1,000,000;
Broad Top Region, Pennsylvania, $2,000,000;
Glen Foerd, Pennsylvania, $200,000;
Wallisville Lake, Texas, $5,000,000;
Virginia Beach Erosion Control and Hurricane
Protection, Virginia, $1,100,000;
Hatfield Bottom (Levisa and Tug Forks of the
Big Sandy River and Upper Cumberland River),
West Virginia, $200,000; and
Upper Mingo (Levisa and Tug Forks of the Big
Sandy River and Upper Cumberland River, West
Virginia, $2,000,000: Provided, That the Secretary of
the Army, acting through the Chief of Engineers, shall
HR 1905 EAS
transfer $1,120,000 of the Construction, General funds
appropriated in this Act to the Secretary of the Inte-
rior 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, Or-
egon; Underwood, Washington; and the Bonneville
Treaty Fishing Access Site, Washington.
Ω5æPage 5, line 19, strike out ø$1,712,123,000¿ and in-
sert: $1,696,998,000
Ω6æPage 6, line 4, strike out ø$5,926,000¿ and insert:
$3,426,000
Ω7æPage 6, line 6, after ‘‘project’’ insert: : Provided fur-
ther, That the Secretary of the Army is directed during fis-
cal year 1996 to maintain a minimum conservation pool
level of 475.5 at Wister Lake in Oklahoma
Ω8æPage 7, line 3, strike out ø$150,000,000¿ and insert:
$153,000,000 to remain available until expended
Ω9æPage 7, line 3, strike out all after ‘‘Provided,’’ down
to and including ‘‘further,’’ in line 6
Ω10æPage 7, line 13, after ‘‘Congress’’ insert: (including
the Committee on Environment and Public Works of the
HR 1905 EAS
Senate and the Committee on Transportation and Infra-
structure of the House of Representatives)
Ω11æPage 8, strike out lines 7 to 25 and insert:
SEC. 101. (a) In fiscal year 1996, the Secretary of the
Army shall advertise for competitive bid at least 7,500,000
cubic yards of the hopper dredge volume accomplished with
government owned dredges in fiscal year 1992.
(b) Notwithstanding the provisions of this section, the
Secretary is authorized to use the dredge fleet of the Corps
of Engineers to undertake projects when industry does not
perform as required by the contract specifications or when
the bids are more than 25 percent in excess of what the
Secretary determines to be a fair and reasonable estimated
cost of a well equipped contractor doing the work or to re-
spond 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 under-
take 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 reha-
HR 1905 EAS
bilitation and such repair prevents the dredge from accom-
plishing its volume of work regularly carried out in each
of the past three years, the Corps of Engineers shall reduce
the 7,500,000 cubic yards of hopper dredge volume con-
tained in subsection (a) of this section by the proportional
amount of work which had been allocated to such dredge
over the past three fiscal years in calculating the reduction
in Corps dredging work required to implement subsection
(a).
Ω12æPage 10, after line 2, insert:
SEC. 103. None of the funds appropriated herein or
otherwise available to the Army Corps of Engineers, may
be used to assist, guide, coordinate, administer; prepare for
occupancy of; or acquire furnishings for or in preparation
of a movement to the Southeast Federal Center.
Ω13æPage 10, after line 2, insert:
SEC. 104. The project for flood control for Petersburg,
West Virginia, authorized by section 101(a)(26) of the
Water Resources Development Act of 1990 (P.L. 101–640,
104 Stat. 4611) is modified to authorize the Secretary of
the Army to construct the project at a total cost not to ex-
ceed $26,600,000, with an estimated first Federal cost of
$19,195,000 and an estimated first non-Federal cost of
$7,405,000.
HR 1905 EAS
neers and using funds made available under this Act, shall,
to the greatest extent practicable, take such actions as are
necessary to obtain and maintain an elevation of 977 feet
above sea level in Lake Traverse, South Dakota and Min-
nesota.
(b) LIMITATION.—No action taken under subsection
(a) shall result in flooding at Mud Lake, South Dakota and
Minnesota.
Ω16æPage 10, after line 2, insert:
SEC. 107. Using funds appropriated herein the Sec-
retary 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 esti-
mated Federal cost of $10,777,000 and an estimated non-
Federal cost of $3,764,000.
Ω17æPage 11, line 13, strike out ø$13,114,000¿ and in-
sert: $11,234,000
Ω18æPage 11, line 21, after ‘‘expended’’ insert: : Pro-
vided further, That within available funds, $300,000 is for
the completion of the feasibility study of alternatives for
meeting the drinking water needs on the Cheyenne River
Sioux Reservation and surrounding communities
HR 1905 EAS
Ω19æPage 12, line 2, strike out ø$417,301,000¿ and in-
sert: $390,461,000
Ω20æPage 12, line 5, strike out ø$94,225,000¿ and in-
sert: $92,725,000
Ω21æPage 13, line 11, strike out ø$278,759,000¿ and
insert: $267,393,000
Ω22æPage 
16, 
lines 
and 
24, 
strike 
out
ø$2,576,700,000 (less $1,000,000), to remain available
until expended¿ and insert: $2,793,324,000 to remain
available until expended: Provided, That no more than
$7,500,000 of such funds shall be used for the termination
of the Gas Turbine-Modular Helium Reactor program
Ω23æPage 16, line 24, after ‘‘expended’’ insert: , of which
amount within available funds $56,000,000 may be avail-
able to continue operation of the Tokamak Fusion Test Re-
actor (for which purpose, the Secretary may use savings
from reducing general administrative expenses in accord-
ance with the Department of Energy’s strategic alignment
and downsizing effort, but none of the savings used for this
purpose shall come from programmatic accounts within this
title)
Ω24æPage 16, line 24, after ‘‘expended’’ insert: : Pro-
vided further, That within the amount for Indian Energy
HR 1905 EAS
Resource projects, $2,000,000 may be made available to
fund the Crow energy resources programs under title XXVI
of the Energy Policy Act of 1992 (25 U.S.C. 3501 et seq.)
Ω25æPage 16, line 24, strike out all after ‘‘expended’’
over to and including ‘‘13316)’’ in line 2 on page 17
Ω26æPage 17, after line 2 insert:
FUNDING FOR ENERGY SUPPLY, RESEARCH AND DEVEL-
OPMENT ACTIVITIES RELATING TO RENEWABLE EN-
ERGY SOURCES
(a) REDUCTION
IN APPROPRIATION
FOR DEPART-
MENTAL
ADMINISTRATION.—Notwithstanding any other
provision of this Act, the amount appropriated in title III
of this Act under the heading DEPARTMENTAL ADMINISTRA-
TION is hereby reduced by $25,000,000.
(b) INCREASE IN APPROPRIATION FOR ENERGY SUP-
PLY, RESEARCH
AND DEVELOPMENT ACTIVITIES.—Not-
withstanding any other provision of this Act, the amount
appropriated in title III of this Act under the heading EN-
ERGY SUPPLY, RESEARCH AND DEVELOPMENT ACTIVITIES
is hereby increased by $37,000,000.
(c) AVAILABILITY OF FUNDS.—Of the funds appro-
priated in title III of this Act under the heading ENERGY
SUPPLY, RESEARCH AND DEVELOPMENT ACTIVITIES—
(1) not less than $4,500,000 shall be available for
solar building technology research;
HR 1905 EAS
(2) not less than $78,929,000 shall be available
for photovoltaic energy systems;
(3) not less than $28,443,000 shall be available
for solar thermal energy systems;
(4) not less than $55,300,000 shall be available
for biofuels of which no less than half shall go toward
the Biomass Electric Program;
(5) not less than $42,000,000 shall be available
for wind energy systems;
(6) not less than $8,000,000 shall be available for
international solar energy programs;
(7) not less than $9,000,000 shall be available for
hydrogen research.
Ω27æPage 18, line 23, strike out ø$991,000,000¿ and
insert: $971,000,000
Ω28æPage 19, strike out lines 2 to 6 and insert:
For the nuclear waste disposal activities to carry out
the purposes of Public Law 97–425, as amended, including
the acquisition of real property or facility construction or
expansion, $151,600,000 to remain available until ex-
pended, to be derived from the Nuclear Waste Fund: Pro-
vided, That of the amount herein appropriated together
with the amount provided in the Defense Nuclear Waste
Disposal Appropriation contained in this title, within
available funds, no more than $250,000,000 shall be avail-
HR 1905 EAS
able to continue, at a reduced level, the technical site char-
acterization effort and to retain deferred licensing capabil-
ity at the Yucca Mountain site: Provided further, That the
facility for the initial storage of no more than 40,000 metric
tons of uranium at a site to be determined by the President
shall be licensed by the Nuclear Regulatory Commission for
an unspecified period, in accordance with its regulations
governing the licensing of independent spent fuel storage in-
stallations, without regard to sections 148(a) and 148(d)
of Public Law 97–425: Provided further, That the facility
shall be expandable for the subsequent transportation and
interim storage of up to 100,000 metric tons of uranium
and shall be operational in the 1998 timeframe, consistent
with sections 135(a)(1)(B), 135(a)(4), 137(a), 141(a),
148(a), 148(b), and 148(c) of Public Law 97–425, but with-
out regard to sections 131(a)(3), 131(b)(2), 135(a)(1),
135(d), 135(e), 146, 148(d)(1), 148(d)(3), and 148(d)(4) of
Public Law 97–425: Provided further, That the director
shall review the program’s institutional activities, includ-
ing all cooperative agreements, international commitments,
and university assistance, and shall make available to these
entities amounts commensurate with the revised program
for nuclear waste disposal activities: Provided further, That
any funds provided to the State of Nevada are for the sole
purpose of conduct of its scientific oversight responsibilities
HR 1905 EAS
pursuant to Public Law 97–425, as amended: Provided fur-
ther, That none of the funds herein appropriated may be
used directly or indirectly to influence legislative action on
any matter pending before Congress or a State legislature
or for any lobbying activity as provided in section 1913
of title 18, United States Code: Provided further, That the
Secretary shall submit to the Congress within 90 days a
revised program plan and schedule, including a new five-
year budget, that addresses the construction and operation
of the interim storage capability, the revised site character-
ization program at the Yucca Mountain site, and the results
of the Director’s review of the program’s institutional ac-
tivities.
Ω29æPage 19, line 19, strike out ø$3,273,014,000¿ and
insert: $3,751,719,000
Ω30æPage 20, line 7, strike out ø$5,265,478,000¿ and
insert: $5,989,750,000
Ω31æPage 20, line 18, strike out ø$1,323,841,000¿ and
insert: $1,439,112,000
Ω32æPage 20, line 18, after ‘‘expended’’ insert: : Pro-
vided, That within available funds, $4,952,000 is provided
for electrical and utility systems upgrade, Idaho Chemical
Processing Plant, Idaho National Engineering Laboratory,
project number 96–D–463
HR 1905 EAS
Ω33æPage 20, line 23, strike out ø$198,400,000¿ and
insert: $248,400,000
Ω34æPage 20, line 24, after ‘‘pended’’ insert: , all of
which shall be used in accordance with the terms and condi-
tions of the Nuclear Waste Fund appropriation of the De-
partment of Energy contained in this title
Ω35æPage 21, line 8, strike out ø$362,250,000¿ and in-
sert: $377,126,000
Ω36æPage 21, line 17, strike out ø$122,306,000¿ and
insert: $137,306,000
Ω37æPage 21, line 25, strike out ø$239,944,000¿ and
insert: $239,820,000
Ω38æPage 22, line 4, strike out ø$26,000,000¿ and in-
sert: $25,000,000
Ω39æPage 25, line 9, strike out ø$132,290,000¿ and in-
sert: $131,290,000
Ω40æPage 25, line 11, strike out ø$132,290,000¿ and
insert: $131,290,000
Ω41æPage 26, line 6, strike out ø$142,000,000¿ and in-
sert: $182,000,000
Ω42æPage 26, after line 14 insert:
HR 1905 EAS
DELAWARE RIVER BASIN COMMISSION
SALARIES AND EXPENSES
For expenses necessary to carry out the functions of
the United States member of the Delaware River Basin
Commission, as authorized by law (75 Stat. 716), $440,000:
Provided, That the United States Commissioner (Alternate
Federal Member) shall not be compensated at a level higher
than General Schedule level 15.
CONTRIBUTION TO DELAWARE RIVER BASIN COMMISSION
For payment of the United States share of the current
expenses of the Delaware River Basin Commission, as au-
thorized by law (75 Stat. 706, 707), $478,000.
Ω43æPage 26, after line 14 insert:
INTERSTATE COMMISSION ON THE POTOMAC
RIVER BASIN
CONTRIBUTION TO INTERSTATE COMMISSION ON THE
POTOMAC RIVER BASIN
To enable the Secretary of the Treasury to pay in ad-
vance 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 adminis-
tration 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.
HR 1905 EAS
Ω44æPage 27, line 3, strike out ø$468,300,000¿ and in-
sert: $474,300,000
Ω45æPage 27, line 4, strike out ø$11,000,000¿ and in-
sert: $17,000,000
Ω46æPage 28, line 9, strike out ø$11,000,000¿ and in-
sert: $17,000,000
Ω47æPage 29, line 17, strike out ø$2,531,000¿ and in-
sert: $2,664,000
Ω48æPage 29, after line 19 insert:
SUSQUEHANNA RIVER BASIN COMMISSION
SALARIES AND EXPENSES
For expenses necessary to carry out the functions of
the United States member of the Susquehanna River Basin
Commission as authorized by law (84 Stat. 1541),
$280,000: Provided, That the United States Commissioner
(Alternate Federal Member) shall not be compensated at a
level higher than General Schedule level 15.
CONTRIBUTION TO SUSQUEHANNA RIVER BASIN
COMMISSION
For payment of the United States share of the current
expenses of the Susquehanna River Basin Commission, as
authorized by law (84 Stat. 1530, 1531), $288,000.
HR 1905 EAS
Ω49æPage 30, line 1, strike out ø$103,339,000¿ and in-
sert: $110,339,000
Ω50æPage 30, line 2, after ‘‘expended’’ insert: . Of the
funds appropriated under this heading, not more than
$25,000,000 may be expended for the Tennessee Valley Au-
thority Environmental Research Center in Muscle Shoals,
Alabama, in the event that the Center expends less than
$25,000,000, such amount not expended shall be returned
to the United States Treasury and the Tennessee Valley Au-
thority appropriation reduced accordingly and the Ten-
nessee Valley Authority shall take steps to obtain funding
from other sources so as to reduce appropriated funding in
the future and, not later than January 1, 1996, submit to
Congress a preliminary plan securing funding from other
sources
Ω51æPage 30, strike out lines 5 to 12
Ω52æPage 30, strike out lines 19 to 25
Ω53æPage 31, strike out lines 20 to 24
Ω54æPage 32, strike out lines 1 to 9
Ω55æPage 32, after line 9 insert:
SEC. 509. Without fiscal year limitation, the amount
of fish and wildlife costs that the Bonneville Power Admin-
istration may incur during a fiscal year shall not exceed
HR 1905 EAS
its ability to pay as a percent of the preceding years gross
annual power revenues exclusive of gross residential ex-
change revenues that the Bonneville Administrator accrues
in that fiscal year. No branch or agency of the Federal Gov-
ernment shall take any action pursuant to any law which
shall cause the Bonneville Power Administration to exceed
this expenditure limitation.
‘‘Fish and wildlife costs’’ includes—
(1) purchase power costs and lost revenues, as
determined by the Bonneville Administrator (subject
to independent audit), based on the forecast value of
such costs or revenues under average flow conditions,
related to operations of the Federal Columbia River
Power System for the benefit of fish and wildlife af-
fected by the development, operation, or management
of such system using operations prior to passage of
the Northwest Power Act as a baseline for calculating
such costs;
(2) expenditures; and
(3) reimbursable costs.
This provision shall be implemented on October 1, 1995 un-
less there is a valid agreement which limits Bonneville’s ex-
posure to increases in fish and wildlife costs consistent with
its ability to pay and the needs for fish and wildlife re-
sources in the Columbia River Basin.
HR 1905 EAS
Ω56æPage 32, after line 9 insert:
SEC. 510. MAGNETIC FUSION ENERGY ENGINEERING.
Section 7 of the Magnetic Fusion Energy Engineering
Act (42 U.S.C. 9396) is repealed.
SEC. 511. REPEAL OF REPORT ON VERIFICATION TECH-
NIQUES FOR PRODUCTION OF PLUTONIUM
AND HIGHLY ENRICHED URANIUM.
Section 3131 of the National Defense Authorization
Act for Fiscal Year 1991 (Public Law 101–510; 104 Stat.
1839) is amended by striking out subsection (c).
Ω57æPage 32, after line 9 insert:
SEC. 512. SENSE OF THE SENATE ON THE CONFERENCE ON
S. 4, THE LINE ITEM VETO ACT.
(a) FINDINGS.—The Senate finds that—
(1) the line item veto was a major plank in the
House majority’s ‘‘Contract with America’’ and has
received strong bipartisan support in the 104th Con-
gress;
(2) the House of Representatives on February 6,
1995, passed H.R. 2, the Line Item Veto Act, on a
vote of 294–134;
(3) the Senate on March 23, 1995, passed S. 4,
the Separate Enrollment and Line Item Veto Act of
1995, on a vote of 69–29;
HR 1905 EAS
(4) the House passed S. 4, with the text of H.R.
2 inserted, by voice vote on May 17, 1995, 50 days
after passage by the Senate;
(5) notwithstanding the failure of the House to
request a conference, the Senate disagreed with the
House amendments, requested a conference and ap-
pointed conferees on S. 4 on June 20, 1995;
(6) the papers for S. 4 have been held at the desk
of the Speaker of the House for 42 days and the
Speaker of the House has not yet moved to appoint
conferees;
(7) with the passage of time it increasingly ap-
pears that the Congress may pass and send to the
President not only the appropriations bills for fiscal
year 1996 but also the reconciliation bill required by
H.Con.Res. 67 (the concurrent resolution setting forth
the congressional budget for fiscal years 1996, 1997,
1998, 1999, 2000, 2001, and 2002) without first pass-
ing and sending to the President a line item veto bill;
and
(8) the House majority leadership has publicly
cast doubt on the prospects for a conference on S. 4
this year.
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that—
HR 1905 EAS
(1) the Speaker of the House should move to ap-
point conferees on S. 4 immediately, so that the
House and Senate may resolve their differences on
this important legislation.
Ω58æPage 32, after line 9 insert:
SEC. 513. ENERGY SAVINGS AT FEDERAL FACILITIES.
(a) REDUCTION IN FACILITIES ENERGY COSTS.—The
head of each agency for which funds are made available
under this Act shall take all actions necessary to achieve
during fiscal year 1996 a 5 percent reduction, from fiscal
year 1995 levels, in the energy costs of the facilities used
by the agency.
(b) USE OF COST SAVINGS.—An amount equal to the
amount of cost savings realized by an agency under sub-
section (a) shall remain available for obligation through the
end of fiscal year 1997, without further authorization or
appropriation, as follows:
(1) CONSERVATION MEASURES.—Fifty percent of
the amount shall remain available for the implemen-
tation of additional energy conservation measures
and for water conservation measures at such facilities
used by the agency as are designated by the head of
the agency.
(2) OTHER
PURPOSES.—Fifty percent of the
amount shall remain available for use by the agency
HR 1905 EAS
for such purposes as are designated by the head of the
agency, consistent with applicable law.
(c) REPORT.—
(1) IN GENERAL.—Not later than December 31,
1996, the head of each agency described in subsection
(a) shall submit a report to Congress specifying the
results of the actions taken under subsection (a) and
providing any recommendations as to how to further
reduce energy costs and energy consumption in the fu-
ture.
(2) CONTENTS.—Each report shall—
(A) specify the total energy costs of the fa-
cilities used by the agency;
(B) identify the reductions achieved; and
(C) specify the actions that resulted in the
reductions.
Ω59æPage 32, after line 9 insert:
SEC. 514. WATER LEVELS IN RAINY LAKE AND NAMAKAN
LAKE.
(a) FINDINGS.—Congress finds that—
(1) the Rainy Lake and Namakan Reservoir
Water Level International Steering Committee con-
ducted a 2-year analysis in which public comments
on the water levels in Rainy Lake and Namakan
Lake revealed significant problems with the current
HR 1905 EAS
regulation of water levels and resulted in Steering
Committee recommendations in November 1993; and
(2) maintaining water levels closer to those rec-
ommended 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 ef-
fect as of the date of enactment of this Act.
(2) PROPOSED RULE CURVE.—The term ‘‘pro-
posed rule curve’’ means each of the rule curves rec-
ommended by the Rainy Lake and Namakan Res-
ervoir International Steering Committee for regula-
tion 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:
HR 1905 EAS
(1) COINCIDENT
RULE
CURVES.—In each in-
stance in which an existing rule curve coincides with
a proposed rule curve, the water level shall be main-
tained within the range of such coincidence.
(2) NONCOINCIDENT RULE CURVES.—In each in-
stance in which an existing rule curve does not coin-
cide 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 Regu-
latory Commission shall enforce this section as though
the provisions were included in the license issued by
the Commission on December 31, 1987, for Commis-
sion 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