Energy and Water Development Appropriations Act, 1996
PL 104-46 (H.R.1905), enacted 11/13/1995

109 STAT. 402 
PUBLIC LAW 104-46—NOV. 13, 1995 
Nov. 13, 1995 
[H.R. 1905] 
Energy and 
Water 
Development 
Appropriations 
Act, 1996. 
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 direc-
tion 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, mis-
cellaneous 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. 
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 construc-
tion), $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, Mis-
sissippi 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 Lou-
isiana, $6,600,000; 
Sacramento River Flood Control Project (Glenn-Colusa 
Irrigation District), California, $300,000; 
San Timoteo Creek (Santa Ana River Mainstem), Califor-
nia, $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 Stabiliza-
tion, 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; 
Walhsville 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 Construc-
tion, 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 mainte-
nance 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 TEN-
NESSEE 
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-l), $307,885,000, to remain available until 
expended. 
OPERATION AND MAINTENANCE, GENERAL 
For expenses necessary for the preservation, operation, mainte-
nance, 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 naviga-
tion, $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. 4601), may be derived from that 
fund for construction, operation, and maintenance of outdoor recre-
ation facilities: Provided, That not to exceed $5,000,000 shall be 
available for obligation for national emergency preparedness pro-
grams: 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 recep-
tion 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 
Contracts. 
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 con-
tained 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 require-
ments 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 main-
tained 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. 
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 CENTRAI. PENNSYLVANIA. 
(a) IN GENERAL.—Section 313 of the Water Resources Develop-
ment 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 insert-
ing "$50,000,000"; and 
(5) in subsection (h)(2) by striking "Bedford, Blair, Cambria, 
Fulton, Huntingdon,, and Somerset" and inserting "Armstrong, 
Bedford, Blair, Cambria, Clearfield, Fayette, Franklin, Fulton, 
Huntingdon, Indiana, Juniata, Mifflin, Somerset, Snyder, and 
Westmoreland". 
(b) COST SHARING.--Section 313(d)(3) of the Water Resources 
Development Act of 1992 (106 Stat. 4846) is amended to read 
as follows: 
"(3) COST SHARING.— 
"(A) IN GENERAL.—Total project costs under each local 
cooperation agreement entered into under this subsection 
shall be shared at 75 percent Federal and 25 percent non-
Federal. The non-Federal interest shall receive credit for 
the reasonable costs of design work completed by such 
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 reimburse-
ment of the non-Federal share of a project, the non-Federal 
interest shall receive credit for reasonable interest to pro-
vide 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 assist-
ance provided under this section shall be 100 percent non-
Federal.". 
SEC. 108. Using $2,000,000 of the funds appropriated herein, 
the Secretary of the Army, acting through the Chief of Engineers, 
is authorized and directed to proceed with engineering, design, 
and construction of projects to provide for flood control and improve-
ments 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 Riv-
ers, Louisiana, June 1991; and Schneider Canal, Slidell, Louisiana, 
Hurricane Protection, May 1990. There is authorized to be appro-
priated $25,000,000 for the initiation and partial accomplishment 
of projects described in these reports. The cost of any work per-
formed by the non-Federal interests subsequent to the above cited 
reports, as determined by the Secretary of the Army to be a compat-
ible and integral part of the projects, shall be credited toward 
the non-Federal share of the projects. 
Public lands. 
SEC. 109. (a) IN GENERAL.—Subject to the provisions of this 
Kentucky. 
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 Agree-
ment—Modification No. 2 to the Department of the Army lease 
#DACW69-l-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 con-
PUBLIC LAW 104-46—NOV. 13, 1995 
109 STAT. 409 
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 
CP:NTRAL 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-
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: 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 sihall 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. 4601-6a, 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. 
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 Rec-
lamation Projects Act of August 6, 1956, as amended (43 U.S.C. 
422a-4221): 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. 4601-6a, 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 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. 
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 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 facilit}'^ 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. 
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 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 availal^le until 
expended, plus such additional amounts as necessary to cover 
increases in the estimated amount of cost of work for othe 's 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. 
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 IVEAINTENANCE, 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 M E A 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. 
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: 
42 use 7171 
Provided, That notwithstanding any other provision of law, not 
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 
40USCapp. 401 
For expenses necessary to carry out the programs authorized 
note. 
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. 
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 
SAI.ARIES 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. 
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 
Notice. 
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. 
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 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. 
42 u s e 7133 
note. 
Reports. 
43 u s e 371 note. 
42 u s e 10262 
note. 
16 u s e 832m. 
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 8370, 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)). 
Reports. 
(c) STUDY B
Y 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. 
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 ehgible utiUties' total purchase and exchange sales 
under 16 U.S.C. 839c(c)(l) 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. 
42 USC 9306. 
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 
109 STAT. 422 
PUBLIC LAW 104-46—NOV. 13, 1995 
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". 
Approved November 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.