Text: H.R.1905 — 104th Congress (1995-1996)All Information (Except Text)

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Public Law No: 104-46 (11/13/1995)

 
[104th Congress Public Law 46]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ46.104]

          ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 1996

[[Page 109 STAT. 402]]

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. <<NOTE: Nov. 13, 
                         1995 -  [H.R. 1905]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Energy and Water 
Development Appropriations Act, 1996.>> assembled, That the following 
sums are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the fiscal year ending September 30, 1996, for energy 
and water development, and for other purposes, namely:

                                 TITLE I

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                        Corps of Engineers--Civil

    The following appropriations shall be expended under the direction 
of the Secretary of the Army and the supervision of the Chief of 
Engineers for authorized civil functions of the Department of the Army 
pertaining to rivers and harbors, flood control, beach erosion, and 
related purposes.

                         general investigations

    For expenses necessary for the collection and study of basic 
information pertaining to river and harbor, flood control, shore 
protection, and related projects, restudy of authorized projects, 
miscellaneous investigations, and, when authorized by laws, surveys and 
detailed studies and plans and specifications of projects prior to 
construction, $121,767,000, to remain available until expended, of which 
funds are provided for the following projects in the amounts specified:
            Norco Bluffs, California, $375,000;
            Ohio River Greenway, Indiana, $500,000;
            Kentucky Lock and Dam, Kentucky, $2,000,000;
            Mussers Dam, Middle Creek, Snyder County, Pennsylvania, 
        $300,000; and
            West Virginia Port Development, West Virginia, $300,000:

Provided, That the Secretary of the Army, acting through the Chief of 
Engineers, is directed to undertake a study of water supply and 
associated needs in the vicinity of Hazard, Kentucky, using $500,000 of 
the funds appropriated under this heading in Public Law 103-316 for 
Hazard, Kentucky.

[[Page 109 STAT. 403]]

                          construction, general

    For the prosecution of river and harbor, flood control, shore 
protection, and related projects authorized by laws; and detailed 
studies, and plans and specifications, of projects (including those for 
development with participation or under consideration for participation 
by States, local governments, or private groups) authorized or made 
eligible for selection by law (but such studies shall not constitute a 
commitment of the Government to construction), $804,573,000, to remain 
available until expended, of which such sums as are necessary pursuant 
to Public Law 99-662 shall be derived from the Inland Waterways Trust 
Fund, for one-half of the costs of construction and rehabilitation of 
inland waterways projects, including rehabilitation costs for the Lock 
and Dam 25, Mississippi River, Illinois and Missouri, Lock and Dam 14, 
Mississippi River, Iowa, Lock and Dam 24, Mississippi River, Illinois 
and Missouri, and GIWW-Brazos River Floodgates, Texas, projects, and of 
which funds are provided for the following projects in the amounts 
specified:
            Homer Spit, Alaska, repair and extend project, $3,800,000;
            McClellan-Kerr Arkansas River Navigation System, Arkansas, 
        $6,000,000: Provided, That $4,900,000 of such amount shall be 
        used for activities relating to Montgomery Point Lock and Dam, 
        Arkansas;
            Red River Emergency Bank Protection, Arkansas and Louisiana, 
        $6,600,000;
            Sacramento River Flood Control Project (Glenn-Colusa 
        Irrigation District), California, $300,000;
            San Timoteo Creek (Santa Ana River Mainstem), California, 
        $5,000,000;
            Indiana Shoreline Erosion, Indiana, $1,500,000;
            Arkansas City flood control project, Kansas, $700,000, 
        except that for the purposes of the project, section 902 of 
        Public Law 99-662 is waived;
            Winfield, Kansas, $670,000;
            Harlan (Levisa and Tug Forks of the Big Sandy River and 
        Upper Cumberland River), Kentucky, $12,000,000;
            Williamsburg (Levisa and Tug Forks of the Big Sandy River 
        and Upper Cumberland River), Kentucky, $4,100,000;
            Middlesboro (Levisa and Tug Forks of the Big Sandy River and 
        Upper Cumberland River), Kentucky, $1,600,000;
            Salyersville, Kentucky, $500,000;
            Lake Pontchartrain and Vicinity (Hurricane Protection), 
        Louisiana, $13,348,000;
            Ouachita River Levees, Louisiana, $2,300,000;
            Red River below Denison Dam Levee and Bank Stabilization, 
        Louisiana, Arkansas, and Texas, $2,500,000;
            Roughans Point, Massachusetts, $710,000;
            Marshall, Minnesota, $850,000;
            Ste. Genevieve, Missouri, $1,000,000;
            Broad Top Region, Pennsylvania, $4,100,000;
            Glen Foerd, Pennsylvania, $200,000;
            South Central Pennsylvania Environmental Restoration, 
        Pennsylvania, $3,500,000;
            Wallisville Lake, Texas, $5,000,000;
            Virginia Beach Erosion Control and Hurricane Protection, 
        Virginia, $1,100,000;

[[Page 109 STAT. 404]]

            Hatfield Bottom (Levisa and Tug Forks of the Big Sandy River 
        and Upper Cumberland River), West Virginia, $200,000; and
            Upper Mingo (Levisa and Tug Forks of the Big Sandy River and 
        Upper Cumberland River), West Virginia, $2,000,000: Provided, 
        That the Secretary of the Army, acting through the Chief of 
        Engineers, shall transfer $1,120,000 of the Construction, 
        General funds appropriated in this Act to the Secretary of the 
        Interior and the Secretary of the Interior shall accept and 
        expend such funds for performing operation and maintenance 
        activities at the Columbia River Fishing Access Sites to be 
        constructed by the Department of the Army at Cascade Locks, 
        Oregon; Lone Pine, Oregon; Underwood, Washington; and the 
        Bonneville Treaty Fishing Access Site, Washington:

Provided further, That using funds appropriated in Public Law 103-316 
for the Sacramento River Flood Control Project (Deficiency Correction), 
California, project and funds appropriated herein for the Sacramento 
Urban Area Levee Reconstruction, California, project, the Secretary of 
the Army, acting through the Chief of Engineers, is directed to acquire 
all or part of the Little Holland Tract, with any and all appurtenant 
water rights, for wetland and fish and wildlife activities pursuant to 
the authority of section 906 of Public Law 99-662 and conditioned on a 
determination made by the Secretary, pursuant to section 906, that 
acquisition is in the Federal interest.

   flood  control,  mississippi  river  and  tributaries,  arkansas, 
   illinois, kentucky, louisiana, mississippi, missouri, and tennessee

    For expenses necessary for prosecuting work of flood control, and 
rescue work, repair, restoration, or maintenance of flood control 
projects threatened or destroyed by flood, as authorized by law (33 
U.S.C. 702a, 702g-1), $307,885,000, to remain available until expended.

                   operation and maintenance, general

    For expenses necessary for the preservation, operation, maintenance, 
and care of existing river and harbor, flood control, and related works, 
including such sums as may be necessary for the maintenance of harbor 
channels provided by a State, municipality or other public agency, 
outside of harbor lines, and serving essential needs of general commerce 
and navigation; surveys and charting of northern and northwestern lakes 
and connecting waters; clearing and straightening channels; and removal 
of obstructions to navigation, $1,703,697,000, to remain available until 
expended, of which such sums as become available in the Harbor 
Maintenance Trust Fund, pursuant to Public Law 99-662, may be derived 
from that fund, and of which such sums as become available from the 
special account established by the Land and Water Conservation Act of 
1965, as amended (16 U.S.C. 460l), may be derived from that fund for 
construction, operation, and maintenance of outdoor recreation 
facilities: Provided, That not to exceed $5,000,000 shall be available 
for obligation for national emergency preparedness programs: Provided 
further, That $5,926,000 of the funds appropriated herein are provided 
for the Raystown Lake, Pennsylvania, project: Provided further, That the 
Secretary of the Army is directed during

[[Page 109 STAT. 405]]

fiscal year 1996 to maintain a minimum conservation pool level of 475.5 
at Wister Lake in Oklahoma.

                           regulatory program

    For expenses necessary for administration of laws pertaining to 
regulation of navigable waters and wetlands, $101,000,000, to remain 
available until expended.

                  flood control and coastal emergencies

    For expenses necessary for emergency flood control, hurricane, and 
shore protection activities, as authorized by section 5 of the Flood 
Control Act approved August 18, 1941, as amended, $10,000,000, to remain 
available until expended.

                           oil spill research

    For expenses necessary to carry out the purposes of the Oil Spill 
Liability Trust Fund, pursuant to title VII of the Oil Pollution Act of 
1990, $850,000, to be derived from the Fund and to remain available 
until expended.

                            general expenses

    For expenses necessary for general administration and related 
functions in the Office of the Chief of Engineers and offices of the 
Division Engineers; activities of the Coastal Engineering Research 
Board, the Humphreys Engineer Center Support Activity, the Engineering 
Strategic Studies Center, and the Water Resources Support Center, 
$151,500,000, to remain available until expended: Provided, That not to 
exceed $62,000,000 of the funds provided in this Act shall be available 
for general administration and related functions in the Office of the 
Chief of Engineers: Provided further, That no part of any other 
appropriation provided in title I of this Act shall be available to fund 
the activities of the Office of the Chief of Engineers or the executive 
direction and management activities of the Division Offices: Provided 
further, That with funds provided herein and notwithstanding any other 
provision of law, the Secretary of the Army shall develop and submit to 
the Congress (including the Committee on Environment and Public Works of 
the Senate and the Committee on Transportation and Infrastructure of the 
House of Representatives) within 60 days of enactment of this Act, a 
plan which reduces the number of division offices within the United 
States Army Corps of Engineers to no less than 6 and no more than 8, 
with each division responsible for at least 4 district offices, but does 
not close or change any civil function of any district office: Provided 
further, That notwithstanding any other provision of law, the Secretary 
of the Army is directed to begin implementing the division office plan 
on August 15, 1996, and such plan shall be implemented prior to October 
1, 1997.

                        administrative provisions

    Appropriations in this title shall be available for official 
reception and representation expenses (not to exceed $5,000); and during 
the current fiscal year the revolving fund, Corps of Engineers, shall be 
available for purchase (not to exceed 100 for replacement only) and hire 
of passenger motor vehicles.

[[Page 109 STAT. 406]]

                           GENERAL PROVISIONS

                        Corps of Engineers--Civil

    Sec. 101. <<NOTE: Contracts.>> (a) In fiscal year 1996, the 
Secretary of the Army shall advertise for competitive bid at least 
7,500,000 cubic yards of the hopper dredge volume accomplished with 
government owned dredges in fiscal year 1992.

    (b) Notwithstanding the provisions of this section, the Secretary is 
authorized to use the dredge fleet of the Corps of Engineers to 
undertake projects when industry does not perform as required by the 
contract specifications or when the bids are more than 25 percent in 
excess of what the Secretary determines to be a fair and reasonable 
estimated cost of a well equipped contractor doing the work or to 
respond to emergency requirements.
    (c) None of the funds appropriated herein or otherwise made 
available to the Army Corps of Engineers, including amounts contained in 
the Revolving Fund of the Army Corps of Engineers, may be used to study, 
design or undertake improvements or major repair of the Federal vessel, 
McFARLAND, except for normal maintenance and repair necessary to 
maintain the vessel McFARLAND's current operational condition.
    (d) If any of the four Corps of Engineers hopper dredges is removed 
from normal service for repair or rehabilitation and such repair 
prevents the dredge from accomplishing its volume of work regularly 
carried out in each of the past three years, the Secretary shall not 
significantly alter the operating schedules of the remaining Federal 
hopper dredges established in accordance with the requirements of 
subsection (a) above.
    Sec. 102. (a) Sand and Stone Cap in Navigation Project at Manistique 
Harbor, Michigan.--The project for navigation, Manistique Harbor, 
Schoolcraft County, Michigan, authorized by the first section of the Act 
entitled ``An Act making appropriations for the construction, repair, 
and preservation of certain public works on rivers and harbors, and for 
other purposes'', approved March 3, 1905 (33 Stat. 1136), is modified to 
permit installation of a sand and stone cap over sediments affected by 
polychlorinated biphenyls in accordance with an administrative order of 
the Environmental Protection Agency.
    (b) Project Depth.--The project described in subsection (a) is 
modified to provide for an authorized depth of 12.5 feet.
    (c) Navigation Channel (Modified).--The reauthorized project 
navigation channel shall be defined by the following coordinates: 2911N-
2239E, 3240N-2504E, 3964N-2874E, 4182N-2891E, 4469N-2808E, 4692N-2720E, 
4879N-2615E, 4952N-2778E, 4438N-2980E, 4227N-3097E, 3720N-3068E, 3076N-
2798E, 2996N-2706E, 2783N-2450E.
    (d) Harbor of Refuge.--The project described in subsection (a), 
including the breakwalls, pier and authorized depth of the project (as 
modified by subsection (b)), shall continue to be maintained as a harbor 
of refuge.
    Sec. 103. With the exception of the use of funds to process any 
required Department of the Army permits, none of the funds appropriated 
herein or otherwise available to the Army Corps of Engineers may be used 
to assist, guide, coordinate, administer, prepare for occupancy of, or 
acquire furnishings for or in preparation of a movement to the Southeast 
Federal Center.

[[Page 109 STAT. 407]]

    Sec. 104. The project for flood control for Petersburg, West 
Virginia, authorized by section 101(a)(26) of the Water Resources 
Development Act of 1990 (Public Law 101-640, 104 Stat. 4611) is modified 
to authorize the Secretary of the Army to construct the project at a 
total cost not to exceed $26,600,000, with an estimated first Federal 
cost of $19,195,000 and an estimated first non-Federal cost of 
$7,405,000.
    Sec. 105. (a) The Secretary of the Army is authorized to accept from 
a non-Federal sponsor an amount of additional lands not to exceed 300 
acres which are contiguous to the Cooper Lake and Channels Project, 
Texas, authorized by the River and Harbor Act of 1965 and the Water 
Resources Development Act of 1986, and which provide habitat value at 
least equal to that provided by the lands authorized to be redesignated 
in subsection (b).
    (b) Upon the completion of subsection (a), the Secretary is further 
authorized to redesignate an amount of mitigation land not to exceed 300 
acres to recreation purposes.
    (c) The cost of all work to be undertaken pursuant to this section, 
including but not limited to real estate appraisals, cultural and 
environmental surveys, and all development necessary to avoid net 
mitigation losses, to the extent such actions are required, shall be 
borne by the donating sponsor.
    Sec. 106. Using $2,000,000 of the funds appropriated herein, the 
Secretary of the Army, acting through the Chief of Engineers, is 
authorized to undertake the Indianapolis, Indiana, project, authorized 
in section 5 of Public Law 74-738, as amended, and as modified to 
include certain riverfront alterations as described in the Central 
Indianapolis Waterfront Concept Master Plan, dated February, 1994, at a 
total cost of $65,975,000 with an estimated first Federal cost of 
$39,975,000 and an estimated first non-Federal cost of $26,000,000.

SEC. 107. SOUTH CENTRAL PENNSYLVANIA.

    (a) In General.--Section 313 of the Water Resources Development Act 
of 1992 (106 Stat. 4845-4847) is amended--
            (1) in the heading to subsection (c) by striking ``With 
        SARCD COUNCIL'';
            (2) in subsection (c) by inserting ``with State, regional, 
        and local officials, including, where applicable,'' after 
        ``consult'';
            (3) in subsection (d)(2)(A) by inserting ``,where 
        applicable,'' after ``Council'';
            (4) in subsection (g)(1) by striking ``$17,000,000'' and 
        inserting ``$50,000,000''; and
            (5) in subsection (h)(2) by striking ``Bedford, Blair, 
        Cambria, Fulton, Huntingdon, and Somerset'' and inserting 
        ``Armstrong, Bedford, Blair, Cambria, Clearfield, Fayette, 
        Franklin, Fulton, Huntingdon, Indiana, Juniata, Mifflin, 
        Somerset, Snyder, and Westmoreland''.

    (b) Cost Sharing.--Section 313(d)(3) of the Water Resources 
Development Act of 1992 (106 Stat. 4846) is amended to read as follows:
            ``(3) Cost sharing.--
                    ``(A) In general.--Total project costs under each 
                local cooperation agreement entered into under this 
                subsection shall be shared at 75 percent Federal and 25 
                percent non-Federal. The non-Federal interest shall 
                receive credit for the reasonable costs of design work 
                completed by such

[[Page 109 STAT. 408]]

                interest prior to entering into a local cooperation 
                agreement with the Secretary for a project. The Federal 
                share may in the form of grants or reimbursements of 
                project costs.
                    ``(B) Interest.--In the event of delays in 
                reimbursement of the non-Federal share of a project, the 
                non-Federal interest shall receive credit for reasonable 
                interest to provide the non-Federal share of a project's 
                cost.
                    ``(C) Lands, easements, and rights-of-way credit.--
                The non-Federal interest shall receive credit for lands, 
                easements, rights-of-way, and relocations toward its 
                share of project costs, including direct costs 
                associated with obtaining permits necessary for the 
                placement of such project on public owned or controlled 
                lands, but not to exceed 25 percent of total project 
                costs.
                    ``(D) Operation and maintenance credit.--Operation 
                and maintenance costs for projects constructed with 
                assistance provided under this section shall be 100 
                percent non-Federal.''.

    Sec. 108. Using $2,000,000 of the funds appropriated herein, the 
Secretary of the Army, acting through the Chief of Engineers, is 
authorized and directed to proceed with engineering, design, and 
construction of projects to provide for flood control and improvements 
to rainfall drainage systems in Jefferson, Orleans, and St. Tammany 
Parishes, Louisiana, in accordance with the following reports of the New 
Orleans District Engineer: Jefferson and Orleans Parishes, Louisiana, 
Urban Flood Control and Water Quality Management, July 1992; Tangipahoa, 
Techefuncte and Tickfaw Rivers, Louisiana, June 1991; and Schneider 
Canal, Slidell, Louisiana, Hurricane Protection, May 1990. There is 
authorized to be appropriated $25,000,000 for the initiation and partial 
accomplishment of projects described in these reports. The cost of any 
work performed by the non-Federal interests subsequent to the above 
cited reports, as determined by the Secretary of the Army to be a 
compatible and integral part of the projects, shall be credited toward 
the non-Federal share of the projects.
    Sec. 109. (a) <<NOTE: Public lands. Kentucky.>>  In General.--
Subject to the provisions of this section, the Secretary of the Army 
shall convey to the City of Prestonsburg, Kentucky, all right, title, 
and interest of the United States, in and to the land described in the 
Supplemental Agreement--Modification No. 2 to the Department of the Army 
lease #DACW69-1-76-0186, executed by and between the Department of the 
Army and the Commonwealth of Kentucky, together with any improvements 
thereon.

    (b) Conditions.--The conveyance authorized by this section is 
subject to the following conditions:
            (1) The City shall ensure that the land conveyed by this 
        section will be used for public use recreational purposes and to 
        further the regional economic development.
            (2) The City shall use all proceeds derived from the sale or 
        lease of any mineral rights conveyed pursuant to this section 
        for the development, operation, and maintenance of recreational 
        facilities on the lands conveyed in accordance with this 
        section.
            (3) The City shall accept the property in its condition at 
        the time of the conveyance. The Secretary shall not be required 
        to make any improvements in the property's condition, and the 
        City shall hold and save the United States free from any claims 
        or damages arising from any activities on the con

[[Page 109 STAT. 409]]

        veyed land either on the date of the conveyance or any 
        subsequent date.
            (4) If the City uses the land conveyed under this section 
        for any purpose other than those specified in this paragraph, 
        the Secretary shall notify the City of such failure. If the City 
        does not correct such nonconforming use during the 1-year period 
        beginning on the date of such notification, the Secretary shall 
        have a right of reverter to reclaim possession and title to the 
        land conveyed under this section.

    Sec. 110. Using funds appropriated herein the Secretary of the Army, 
acting through the Chief of Engineers, is authorized to undertake the 
Coos Bay, Oregon project in accordance with the Report of the Chief of 
Engineers, dated June 30, 1994, at a total cost of $14,541,000, with an 
estimated Federal cost of $10,777,000 and an estimated non-Federal cost 
of $3,764,000.

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project

                 central utah project completion account

    For the purpose of carrying out provisions of the Central Utah 
Project Completion Act, Public Law 102-575 (106 Stat. 4605), and for 
feasibility studies of alternatives to the Uintah and Upalco Units, 
$42,893,000, to remain available until expended, of which $23,503,000 
shall be deposited into the Utah Reclamation Mitigation and Conservation 
Account: Provided, That of the amounts deposited into the Account, 
$5,000,000 shall be considered the Federal Contribution authorized by 
paragraph 402(b)(2) of the Act and $18,503,000 shall be available to the 
Utah Reclamation Mitigation and Conservation Commission to carry out 
activities authorized under the Act.
    In addition, for necessary expenses incurred in carrying out 
responsibilities of the Secretary of the Interior under the Act, 
$1,246,000, to remain available until expended.

                          Bureau of Reclamation

    For carrying out the functions of the Bureau of Reclamation as 
provided in the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 
388, and Acts amendatory thereof or supplementary thereto) and other 
Acts applicable to that Bureau as follows:

                         general investigations

    For engineering and economic investigations of proposed Federal 
reclamation projects and studies of water conservation and development 
plans and activities preliminary to the reconstruction, rehabilitation 
and betterment, financial adjustment, or extension of existing projects, 
to remain available until expended, $12,684,000: Provided, That, of the 
total appropriated, the amount for program activities which can be 
financed by the reclamation fund shall be derived from that fund: 
Provided further, That funds contributed by non-Federal entities for 
purposes similar to this appropriation shall be available for 
expenditure for the purposes for which contrib

[[Page 109 STAT. 410]]

uted as though specifically appropriated for said purposes, and such 
amounts shall remain available until expended.

                          construction program

                      (including transfer of funds)

    For construction and rehabilitation of projects and parts thereof 
(including power transmission facilities for Bureau of Reclamation use) 
and for other related activities as authorized by law, to remain 
available until expended, $411,046,000, of which $27,049,000 shall be 
available for transfer to the Upper Colorado River Basin Fund authorized 
by section 5 of the Act of April 11, 1956 (43 U.S.C. 620d), and 
$94,225,000 shall be available for transfer to the Lower Colorado River 
Basin Development Fund authorized by section 403 of the Act of September 
30, 1968 (43 U.S.C. 1543), and such amounts as may be necessary shall be 
considered as though advanced to the Colorado River Dam Fund for the 
Boulder Canyon Project as authorized by the Act of December 21, 1928, as 
amended: Provided, That of the total appropriated, the amount for 
program activities which can be financed by the reclamation fund shall 
be derived from that fund: Provided further, That transfers to the Upper 
Colorado River Basin Fund and Lower Colorado River Basin Development 
Fund may be increased or decreased by transfers within the overall 
appropriation under this heading: Provided further, That funds 
contributed by non-Federal entities for purposes similar to this 
appropriation shall be available for expenditure for the purposes for 
which contributed as though specifically appropriated for said purposes, 
and such funds shall remain available until expended: Provided further, 
That all costs of the safety of dams modification work at Coolidge Dam, 
San Carlos Irrigation Project, Arizona, performed under the authority of 
the Reclamation Safety of Dams Act of 1978 (43 U.S.C. 506), as amended, 
are in addition to the amount authorized in section 5 of said Act.

                        operation and maintenance

    For operation and maintenance of reclamation projects or parts 
thereof and other facilities, as authorized by law; and for a soil and 
moisture conservation program on lands under the jurisdiction of the 
Bureau of Reclamation, pursuant to law, to remain available until 
expended, $273,076,000: Provided, That of the total appropriated, the 
amount for program activities which can be financed by the reclamation 
fund shall be derived from that fund, and the amount for program 
activities which can be derived from the special fee account established 
pursuant to the Act of December 22, 1987 (16 U.S.C. 460l-6a, as 
amended), may be derived from that fund: Provided further, That funds 
advanced by water users for operation and maintenance of reclamation 
projects or parts thereof shall be deposited to the credit of this 
appropriation and may be expended for the same purpose and in the same 
manner as sums appropriated herein may be expended, and such advances 
shall remain available until expended: Provided further, That revenues 
in the Upper Colorado River Basin Fund shall be available for performing 
examination of existing structures on participating projects of the 
Colorado River Storage Project.

[[Page 109 STAT. 411]]

               bureau of reclamation loan program account

    For the cost of direct loans and/or grants, $11,243,000, to remain 
available until expended, as authorized by the Small Reclamation 
Projects Act of August 6, 1956, as amended (43 U.S.C. 422a-422l): 
Provided, That such costs, including the cost of modifying such loans, 
shall be as defined in section 502 of the Congressional Budget Act of 
1974: Provided further, That these funds are available to subsidize 
gross obligations for the principal amount of direct loans not to exceed 
$37,000,000.
    In addition, for administrative expenses necessary to carry out the 
program for direct loans and/or grants, $425,000: Provided, That of the 
total sums appropriated, the amount of program activities which can be 
financed by the reclamation fund shall be derived from the fund.

                 central valley project restoration fund

    For carrying out the programs, projects, plans, and habitat 
restoration, improvement, and acquisition provisions of the Central 
Valley Project Improvement Act, to remain available until expended, such 
sums as may be collected in the Central Valley Project Restoration Fund 
pursuant to sections 3407(d), 3404(c)(3), 3405(f) and 3406(c)(1) of 
Public Law 102-575: Provided, That the Bureau of Reclamation is directed 
to levy additional mitigation and restoration payments totaling 
$30,000,000 (October 1992 price levels) on a three-year rolling average 
basis, as authorized by section 3407(d) of Public Law 102-575.

                     general administrative expenses

    For necessary expenses of general administration and related 
functions in the office of the Commissioner, the Denver office, and 
offices in the five regions of the Bureau of Reclamation, $48,150,000, 
of which $1,400,000 shall remain available until expended, the total 
amount to be derived from the reclamation fund and to be nonreimbursable 
pursuant to the Act of April 19, 1945 (43 U.S.C. 377): Provided, That no 
part of any other appropriation in this Act shall be available for 
activities or functions budgeted for the current fiscal year as general 
administrative expenses.

                              special funds

                           (transfer of funds)

    Sums herein referred to as being derived from the reclamation fund 
or special fee account are appropriated from the special funds in the 
Treasury created by the Act of June 17, 1902 (43 U.S.C. 391) or the Act 
of December 22, 1987 (16 U.S.C. 460l-6a, as
amended), respectively. Such sums shall be transferred, upon request of 
the Secretary, to be merged with and expended under the heads herein 
specified; and the unexpended balances of sums transferred for 
expenditure under the head ``General Administrative Expenses'' shall 
revert and be credited to the reclamation fund.

[[Page 109 STAT. 412]]

                        administrative provision

    Appropriations for the Bureau of Reclamation shall be available for 
purchase of not to exceed 9 passenger motor vehicles for replacement 
only.

                                TITLE III

                          DEPARTMENT OF ENERGY

           Energy Supply, Research and Development Activities

    For expenses of the Department of Energy activities including the 
purchase, construction and acquisition of plant and capital equipment 
and other expenses incidental thereto necessary for energy supply, 
research and development activities, and other activities in carrying 
out the purposes of the Department of Energy Organization Act (42 U.S.C. 
7101, et seq.), including the acquisition or condemnation of any real 
property or any facility or for plant or facility acquisition, 
construction, or expansion; purchase of passenger motor vehicles (not to 
exceed 25, of which 19 are for replacement only), $2,727,407,000, to 
remain available until expended.

                Uranium Supply and Enrichment Activities

    For expenses of the Department of Energy in connection with 
operating expenses; the purchase, construction, and acquisition of plant 
and capital equipment and other expenses incidental thereto necessary 
for uranium supply and enrichment activities in carrying out the 
purposes of the Department of Energy Organization Act (42 U.S.C. 7101, 
et seq.) and the Energy Policy Act (Public Law 102-486, section 901), 
including the acquisition or condemnation of any real property or any 
facility or for plant or facility acquisition, construction, or 
expansion; purchase of electricity as necessary; $64,197,000, to remain 
available until expended: Provided, That revenues received by the 
Department for uranium programs and estimated to total $34,903,000 in 
fiscal year 1996 shall be retained and used for the specific purpose of 
offsetting costs incurred by the Department for such activities 
notwithstanding the provisions of 31 U.S.C. 3302(b) and 42 U.S.C. 
2296(b)(2): Provided further, That the sum herein appropriated shall be 
reduced as revenues are received during fiscal year 1996 so as to result 
in a final fiscal year 1996 appropriation estimated at not more than 
$29,294,000.

       Uranium Enrichment Decontamination and Decommissioning Fund

    For necessary expenses in carrying out uranium enrichment facility 
decontamination and decommissioning, remedial actions and other 
activities of title II of the Atomic Energy Act of 1954 and title X, 
subtitle A of the Energy Policy Act of 1992, $278,807,000, to be derived 
from the fund, to remain available until expended: Provided, That at 
least $42,000,000 of amounts derived from the fund for such expenses 
shall be expended in accordance with title X, subtitle A, of the Energy 
Policy Act of 1992.

[[Page 109 STAT. 413]]

                 General Science and Research Activities

    For expenses of the Department of Energy activities including the 
purchase, construction and acquisition of plant and capital equipment 
and other expenses incidental thereto necessary for general science and 
research activities in carrying out the purposes of the Department of 
Energy Organization Act (42 U.S.C. 7101, et seq.), including the 
acquisition or condemnation of any real property or facility or for 
plant or facility acquisition, construction, or expansion; purchase of 
passenger motor vehicles (not to exceed 12 for replacement only), 
$981,000,000, to remain available until expended.

                       Nuclear Waste Disposal Fund

    For nuclear waste disposal activities to carry out the purposes of 
Public Law 97-425, as amended, including the acquisition of real 
property or facility construction or expansion, $151,600,000, to remain 
available until expended, to be derived from the Nuclear Waste Fund.

                    Atomic Energy Defense Activities

                           weapons activities

    For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and other 
incidental expenses necessary for atomic energy defense weapons 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101, et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion; and the purchase of 
passenger motor vehicles (not to exceed 79, of which 76 are for 
replacement only, including one police-type vehicle), $3,460,314,000, to 
remain available until expended.

         defense environmental restoration and waste management

    For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and other 
incidental expenses necessary for atomic energy defense environmental 
restoration and waste management activities in carrying out the purposes 
of the Department of Energy Organization Act (42 U.S.C. 7101, et seq.), 
including the acquisition or condemnation of any real property or any 
facility or for plant or facility acquisition, construction, or 
expansion; and the purchase of passenger motor vehicles (not to exceed 7 
for replacement only), $5,557,532,000, to remain available until 
expended.

                        other defense activities

    For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and other 
incidental expenses necessary for atomic energy defense, other defense 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101, et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, $1,373,212,000, to 
remain available until expended.

[[Page 109 STAT. 414]]

                     defense nuclear waste disposal

    For nuclear waste disposal activities to carry out the purposes of 
Public Law 97-425, as amended, including the acquisition of real 
property or facility construction or expansion, $248,400,000, to remain 
available until expended: Provided, That of the amount herein 
appropriated, $85,000,000 shall be available for obligation and 
expenditure only for an interim storage facility and only upon the 
enactment of specific statutory authority.

                       Departmental Administration

    For salaries and expenses of the Department of Energy necessary for 
Departmental Administration and other activities in carrying out the 
purposes of the Department of Energy Organization Act (42 U.S.C. 7101, 
et seq.), including the hire of passenger motor vehicles and official 
reception and representation expenses (not to exceed $35,000), 
$366,697,000, to remain available until expended, plus such additional 
amounts as necessary to cover increases in the estimated amount of cost 
of work for others notwithstanding the provisions of the Anti-Deficiency 
Act (31 U.S.C. 1511, et seq.): Provided, That such increases in cost of 
work are offset by revenue increases of the same or greater amount, to 
remain available until expended: Provided further, That moneys received 
by the Department for miscellaneous revenues estimated to total 
$122,306,000 in fiscal year 1996 may be retained and used for operating 
expenses within this account, and may remain available until expended, 
as authorized by section 201 of Public Law 95-238, notwithstanding the 
provisions of section 3302 of title 31, United States Code: Provided 
further, That the sum herein appropriated shall be reduced by the amount 
of miscellaneous revenues received during fiscal year 1996 so as to 
result in a final fiscal year 1996 appropriation estimated at not more 
than $244,391,000.

                     Office of the Inspector General

    For necessary expenses of the Office of the Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $25,000,000, to remain available until expended.

                     POWER MARKETING ADMINISTRATIONS

         Operation and Maintenance, Alaska Power Administration

    For necessary expenses of operation and maintenance of projects in 
Alaska and of marketing electric power and energy, $4,260,000, to remain 
available until expended.

                  Bonneville Power Administration Fund

    Expenditures from the Bonneville Power Administration Fund, 
established pursuant to Public Law 93-454, are approved for official 
reception and representation expenses in an amount not to exceed $3,000.
    During fiscal year 1996, no new direct loan obligations may be made.

[[Page 109 STAT. 415]]

      Operation and Maintenance, Southeastern Power Administration

    For necessary expenses of operation and maintenance of power 
transmission facilities and of marketing electric power and energy 
pursuant to the provisions of section 5 of the Flood Control Act of 1944 
(16 U.S.C. 825s), as applied to the southeastern power area, 
$19,843,000, to remain available until expended.

      Operation and Maintenance, Southwestern Power Administration

    For necessary expenses of operation and maintenance of power 
transmission facilities and of marketing electric power and energy, and 
for construction and acquisition of transmission lines, substations and 
appurtenant facilities, and for administrative expenses, including 
official reception and representation expenses in an amount not to 
exceed $1,500 connected therewith, in carrying out the provisions of 
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied 
to the southwestern power area, $29,778,000, to remain available until 
expended; in addition, notwithstanding the provisions of 31 U.S.C. 3302, 
not to exceed $4,272,000 in reimbursements, to remain available until 
expended.

 Construction, Rehabilitation, Operation and Maintenance, Western Area 
                          Power Administration

                      (including transfer of funds)

    For carrying out the functions authorized by title III, section 
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7101, et seq.), and 
other related activities including conservation and renewable resources 
programs as authorized, including official reception and representation 
expenses in an amount not to exceed $1,500, $257,652,000, to remain 
available until expended, of which $245,151,000 shall be derived from 
the Department of the Interior Reclamation fund: Provided, That of the 
amount herein appropriated, $5,283,000 is for deposit into the Utah 
Reclamation Mitigation and Conservation Account pursuant to title IV of 
the Reclamation Projects Authorization and Adjustment Act of 1992: 
Provided further, That the Secretary of the Treasury is authorized to 
transfer from the Colorado River Dam Fund to the Western Area Power 
Administration $4,556,000 to carry out the power marketing and 
transmission activities of the Boulder Canyon project as provided in 
section 104(a)(4) of the Hoover Power Plant Act of 1984, to remain 
available until expended.

            Falcon and Amistad Operating and Maintenance Fund

    For operation, maintenance, and emergency costs for the 
hydroelectric facilities at the Falcon and Amistad Dams, $1,000,000, to 
remain available until expended and to be derived from the Falcon and 
Amistad Operating and Maintenance Fund of the Western Area Power 
Administration, as provided in section 423 of the Foreign Relations 
Authorization Act, fiscal years 1994 and 1995.

[[Page 109 STAT. 416]]

                  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 <<NOTE: 42 USC 7171 note.>> , 
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

     <<NOTE: 40 USC app. 401 note.>> For expenses necessary to carry out 
the programs authorized by the Appalachian Regional Development Act of 
1965, as amended, notwithstanding section 405 of said Act, and for 
necessary expenses for the Federal Co-Chairman and the alternate on the 
Appalachian Regional Commission and for payment of the Federal share of 
the administrative expenses of the Commission, including services as 
authorized by section 3109 of title 5, United States Code, and hire of 
passenger motor vehicles, to remain available until expended, 
$170,000,000.

                 DEFENSE NUCLEAR FACILITIES SAFETY BOARD

                          Salaries and Expenses

    For necessary expenses of the Defense Nuclear Facilities Safety 
Board in carrying out activities authorized by the Atomic Energy Act of 
1954, as amended by Public Law 100-456, section 1441, $17,000,000, to 
remain available until expended.

                     DELAWARE RIVER BASIN COMMISSION

                          Salaries and Expenses

      For expenses necessary to carry out the functions of the United 
States member of the Delaware River Basin Commission, as authorized by 
law (75 Stat. 716), $343,000.

             Contribution to Delaware River Basin Commission

      For payment of the United States share of the current expenses of 
the Delaware River Basin Commission, as authorized by law (75 Stat. 706, 
707), $428,000.

[[Page 109 STAT. 417]]

            INTERSTATE COMMISSION ON THE POTOMAC RIVER BASIN

    Contribution to Interstate Commission on the Potomac River Basin

    To enable the Secretary of the Treasury to pay in advance to the 
Interstate Commission on the Potomac River Basin the Federal 
contribution toward the expenses of the Commission during the current 
fiscal year in the administration of its business in the conservancy 
district established pursuant to the Act of July 11, 1940 (54 Stat. 
748), as amended by the Act of September 25, 1970 (Public Law 91-407), 
$511,000.

                      NUCLEAR REGULATORY COMMISSION

                          Salaries and Expenses

                      (including transfer of funds)

    For necessary expenses of the Commission in carrying out the 
purposes of the Energy Reorganization Act of 1974, as amended, and the 
Atomic Energy Act of 1954, as amended, including the employment of 
aliens; services authorized by section 3109 of title 5, United States 
Code; publication and dissemination of atomic information; purchase, 
repair, and cleaning of uniforms, official representation expenses (not 
to exceed $20,000); reimbursements to the General Services 
Administration for security guard services; hire of passenger motor 
vehicles and aircraft, $468,300,000, to remain available until expended, 
of which $11,000,000 shall be derived from the Nuclear Waste Fund: 
Provided, That from this appropriation, transfer of sums may be made to 
other agencies of the Government for the performance of the work for 
which this appropriation is made, and in such cases the sums so 
transferred may be merged with the appropriation to which transferred: 
Provided further, That moneys received by the Commission for the 
cooperative nuclear safety research program, services rendered to 
foreign governments and international organizations, and the material 
and information access authorization programs, including criminal 
history checks under section 149 of the Atomic Energy Act of 1954, as 
amended, may be retained and used for salaries and expenses associated 
with those activities, notwithstanding 31 U.S.C. 3302, and shall remain 
available until expended: Provided further, That revenues from licensing 
fees, inspection services, and other services and collections estimated 
at $457,300,000 in fiscal year 1996 shall be retained and used for 
necessary salaries and expenses in this account, notwithstanding 31 
U.S.C. 3302, and shall remain available until expended: Provided 
further, That the sum herein appropriated shall be reduced by the amount 
of revenues received during fiscal year 1996 from licensing fees, 
inspection services and other services and collections, excluding those 
moneys received for the cooperative nuclear safety research program, 
services rendered to foreign governments and international 
organizations, and the material and information access authorization 
programs, so as to result in a final fiscal year 1996 appropriation 
estimated at not more than $11,000,000.

[[Page 109 STAT. 418]]

                       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: 
<<NOTE: Notice.>> Provided, That notice of such transfers shall be given 
to the Committees on Appropriations of the House and Senate: Provided 
further, That from this appropriation, transfers of sums may be made to 
other agencies of the Government for the performance of the work for 
which this appropriation is made, and in such cases the sums so 
transferred may be merged with the appropriation to which transferred: 
Provided further, That revenues from licensing fees, inspection 
services, and other services and collections shall be retained and used 
for necessary salaries and expenses in this account, notwithstanding 31 
U.S.C. 3302, and shall remain available until expended: Provided 
further, That the sum herein appropriated shall be reduced by the amount 
of revenues received during fiscal year 1996 from licensing fees, 
inspection services, and other services and collections, so as to result 
in a final fiscal year 1996 appropriation estimated at not more than $0.

                  NUCLEAR WASTE TECHNICAL REVIEW BOARD

                          Salaries and Expenses

                      (including transfer of funds)

    For necessary expenses of the Nuclear Waste Technical Review Board, 
as authorized by Public Law 100-203, section 5051, $2,531,000, to be 
transferred from the Nuclear Waste Fund and to remain available until 
expended.

                   SUSQUEHANNA RIVER BASIN COMMISSION

                          Salaries and Expenses

      For expenses necessary to carry out the functions of the United 
States member of the Susquehanna River Basin Commission as authorized by 
law (84 Stat. 1541), $318,000.

           Contribution to Susquehanna River Basin Commission

      For payment of the United States share of the current expenses of 
the Susquehanna River Basin Commission, as authorized by law (84 Stat. 
1530, 1531), $250,000.

                       TENNESSEE VALLEY AUTHORITY

                     Tennessee Valley Authority Fund

    For the purpose of carrying out the provisions of the Tennessee 
Valley Authority Act of 1933, as amended (16 U.S.C. ch. 12A), including 
purchase, hire, maintenance, and operation of aircraft,

[[Page 109 STAT. 419]]

and purchase and hire of passenger motor vehicles, $109,169,000, to 
remain available until expended. The Tennessee Valley Authority shall, 
not later than March 30, 1996, submit to Congress a preliminary plan for 
funding the environmental research center from sources other than direct 
appropriations to the Tennessee Valley Authority after fiscal year 1996.

                                 TITLE V

                           GENERAL PROVISIONS

    Sec. 501. Section 510 of Public Law 101-514, the Fiscal Year 1991 
Energy and Water Development Appropriations Act, <<NOTE: 42 USC 7133 
note.>> is repealed.

    Sec. 502 <<NOTE: Reports. 43 USC 371 note.>> . 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 <<NOTE: 42 USC 10262 note.>> . 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 <<NOTE: 16 USC 832m.>> . (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Bonneville Power Administration.

[[Page 109 STAT. 420]]

            (2) Council.--The term ``Council'' means the Northwest Power 
        and Conservation Planning Council.
            (3) Excess Federal Power.--The term ``excess Federal power'' 
        means such electric power that has become surplus to the firm 
        contractual obligations of the Administrator under section 5(f) 
        of the Pacific Northwest Electric Power Planning and 
        Conservation Act (16 U.S.C. 839c(f)) due to either--
                    (A) any reduction in the quantity of electric power 
                that the Administrator is contractually required to 
                supply under subsections (b) and (d) of section 5 of the 
                Pacific Northwest Electric Power Planning and 
                Conservation Act (16 U.S.C. 839c), due to the election 
                by customers of the Bonneville Power Administration to 
                purchase electric power from other suppliers, as 
                compared to the quantity of electric power that the 
                Administrator was contractually required to supply as of 
                January 1, 1995; or
                    (B) those operations of the Federal Columbia River 
                Power System that are primarily for the benefit of fish 
                and wildlife affected by the development, operation, or 
                management of the System.

    (b) Sale of Excess Federal Power.--Notwithstanding section 2, 
subsections (a), (b), and (c) of section 3, and section 7 of Public Law 
88-552 (16 U.S.C. 837a, 837b, and 837f), and section 9(c) of the Pacific 
Northwest Electric Power Planning and Conservation Act (16 U.S.C. 
839f(c)), the Administrator may, as permitted by otherwise applicable 
law, sell or otherwise dispose of excess Federal power--
            (1) outside the Pacific Northwest on a firm basis for a 
        contract term of not to exceed 7 years, if the excess Federal 
        power is first offered for a reasonable period of time and under 
        the same essential rate, terms and conditions to those Pacific 
        Northwest public body, cooperative and investor-owned utilities 
        and those direct service industrial customers identified in 
        subsection (b) or (d)(1)(A) of section 5 of the Pacific 
        Northwest Electric Power Planning and Conservation Act (16 
        U.S.C. 839c); and
            (2) in any region without the prohibition on resale 
        established by the second sentence of section 5(a) of the Act 
        entitled ``An Act to authorize the completion, maintenance, and 
        operation of Bonneville project for navigation, and for other 
        purposes'', approved August 20, 1937 (commonly known as the 
        ``Bonneville Project Act of 1937'') (16 U.S.C. 832d(a)).

    (c) <<NOTE: Reports.>>  Study by Council.--(1) Within 180 days of 
enactment of this Act, the Council shall review and report to Congress 
regarding the most appropriate governance structure to allow more 
effective regional control over efforts to conserve and enhance 
anadromous and resident fish and wildlife within the Federal Columbia 
River Power System.

    (d) Corps of Engineers Procurement.--The Assistant Secretary of the 
Army for Civil Works, acting through the North Pacific Division of the 
Corps of Engineers, is authorized to place orders for goods and services 
related to facilities for electric power generation and fish and 
wildlife mitigation associated with the Federal Columbia River Power 
System with and through the Administrator using the authorities 
available to the Administrator.
    (e) Residential Exchange.--Notwithstanding the establishment, 
confirmation and approval of rates pursuant to 16 U.S.C.

[[Page 109 STAT. 421]]

839e, and notwithstanding the provisions of 16 U.S.C. 839c(c), the cost 
benefits of eligible utilities' total purchase and exchange sales under 
16 U.S.C. 839c(c)(1) shall be $145,000,000 for fiscal year 1997, and the 
net benefits paid to each eligible electric utility shall be 
$145,000,000 multiplied by the percentage of the total of such net 
benefits paid by the Administrator to such utility for fiscal year 1995.
    (f) Personnel Flexibility.--The Administrator may offer employees 
voluntary separation incentives as deemed necessary which shall not 
exceed $25,000. Recipients who accept employment with the United States 
within five years after separation shall repay the entire amount to the 
Bonneville Power Administration.
    (g) Savings.--Unless superseded by an Act of Congress, the authority 
provided by this section is expressly intended to extend beyond the 
fiscal year.
    Sec. 509. Section 7 of the Magnetic Fusion Energy Engineering Act 
(42 U.S.C. 9396 <<NOTE: 42 USC 9306.>> ) is repealed.

    Sec. 510. Water Levels in Rainy Lake and Namakan Lake.--
    (a) Findings.--Congress finds that--
            (1) the Rainy Lake and Namakan Reservoir Water Level 
        International Steering Committee conducted a 2-year analysis in 
        which public comments on the water levels in Rainy Lake and 
        Namakan Lake revealed significant problems with the current 
        regulation of water levels and resulted in Steering Committee 
        recommendations in November 1993; and
            (2) maintaining water levels closer to those recommended by 
        the Steering Committee will help ensure the enhancement of water 
        quality, fish and wildlife, and recreational resources in Rainy 
        Lake and Namakan Lake.

    (b) Definitions.--In this section:
            (1) Existing rule curve.--The term ``existing rule curve'' 
        means each of the rule curves promulgated by the International 
        Joint Commission to regulate water levels in Rainy Lake and 
        Namakan Lake in effect as of the date of enactment of this Act.
            (2) Proposed rule curve.--The term ``proposed rule curve'' 
        means each of the rule curves recommended by the Rainy Lake and 
        Namakan Reservoir International Steering Committee for 
        regulation of water levels in Rainy Lake and Namakan Lake in the 
        publication entitled ``Final Report and Recommendations'' 
        published in November 1993.

    (c) Water Levels.--The dams at International Falls and Kettle Falls, 
Minnesota, in Rainy Lake and Namakan Lake, respectively, shall be 
operated so as to maintain water levels as follows:
            (1) Coincident rule curves.--In each instance in which an 
        existing rule curve coincides with a proposed rule curve, the 
        water level shall be maintained within the range of such 
        coincidence.
            (2) Noncoincident rule curves.--In each instance in which an 
        existing rule curve does not coincide with a proposed rule 
        curve, the water level shall be maintained at the limit of the 
        existing rule curve that is closest to the proposed rule curve.

    (d) Enforcement.--
            (1) In general.--The Federal Energy Regulatory Commission 
        shall enforce this section as though the provisions were

[[Page 109 STAT. 422]]

        included in the license issued by the Commission on December 31, 
        1987, for Commission Project No. 5223-001.
            (2) Rule of construction.--Nothing in this section shall be 
        construed to require the Commission to alter the license for 
        Commission Project No. 5223-001 in any way.

    (e) Sunset.--This section shall remain in effect until the 
International Joint Commission review of and decision on the Steering 
Committee's recommendations are completed.
    This Act may be cited as the ``Energy and Water Development 
Appropriations Act, 1996''.

    Approved November 13, 1995.

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.

                                  <all>

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