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H.R. 1905 (104th): Energy and Water Development Appropriations Act, 1996


The text of the bill below is as of Aug 1, 1995 (Passed the Senate with an Amendment).


HR 1905 EAS

In the Senate of the United States,

August 1 (legislative day, July 10), 1995.

Resolved, That the bill from the House of Representatives (H.R. 1905) entitled ‘An Act making appropriations for energy and water development for the fiscal year ending September 30, 1996, and for other purposes’, do pass with the following

AMENDMENTS:

    1. Page 2, line 20, strike out [Struck out->][ $129,906,000 ][<-Struck out] and insert: $126,323,000

    2. Page 2, strike out all after line 22, over to and including line 2 on page 3 and insert:

      Norco Bluffs, California, $375,000;

      Indianapolis Central Waterfront, Indiana, $1,000,000;

      Kentucky Lock and Dam, Kentucky, $2,500,000; and

      West Virginia Port Development, West Virginia, $300,000.

    3. Page 3, line 12, strike out [Struck out->][ $807,846,000 ][<-Struck out] and insert: $778,456,000

    4. Page 3, strike out all after line 22, over to and including line 25 on page 4 and insert:

      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;

      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 (Lesiva 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, $11,838,000;

      Ouachita River Levees, Louisiana, $2,300,000;

      Red River below Denison Dam Levee and Bank Stabilization, Louisiana, Arkansas, and Texas, $2,000,000;

      Roughans Point, Massachusetts, $710,000;

      Marshall, Minnesota, $850,000;

      Ste. Genevieve, Missouri, $1,000,000;

      Broad Top Region, Pennsylvania, $2,000,000;

      Glen Foerd, Pennsylvania, $200,000;

      Wallisville Lake, Texas, $5,000,000;

      Virginia Beach Erosion Control and Hurricane Protection, Virginia, $1,100,000;

      Hatfield Bottom (Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River), West Virginia, $200,000; and

      Upper Mingo (Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River, West Virginia, $2,000,000: Provided, That the Secretary of the Army, acting through the Chief of Engineers, shall 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.

    5. Page 5, line 19, strike out [Struck out->][ $1,712,123,000 ][<-Struck out] and insert: $1,696,998,000

    6. Page 6, line 4, strike out [Struck out->][ $5,926,000 ][<-Struck out] and insert: $3,426,000

    7. Page 6, line 6, after ‘project’ insert: : Provided further, That the Secretary of the Army is directed during fiscal year 1996 to maintain a minimum conservation pool level of 475.5 at Wister Lake in Oklahoma

    8. Page 7, line 3, strike out [Struck out->][ $150,000,000 ][<-Struck out] and insert: $153,000,000 to remain available until expended

    9. Page 7, line 3, strike out all after ‘Provided,’ down to and including ‘further,’ in line 6

    10. Page 7, line 13, after ‘Congress’ insert: (including the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives)

    11. Page 8, strike out lines 7 to 25 and insert:

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

    (b) Notwithstanding the provisions of this section, the Secretary is authorized to use the dredge fleet of the Corps of Engineers to undertake projects when industry does not perform as required by the contract specifications or when the bids are more than 25 percent in excess of what the Secretary determines to be a fair and reasonable estimated cost of a well equipped contractor doing the work or to 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 Corps of Engineers shall reduce the 7,500,000 cubic yards of hopper dredge volume contained in subsection (a) of this section by the proportional amount of work which had been allocated to such dredge over the past three fiscal years in calculating the reduction in Corps dredging work required to implement subsection (a).

    12. Page 10, after line 2, insert:

    SEC. 103. None of the funds appropriated herein or otherwise available to the Army Corps of Engineers, may be used to assist, guide, coordinate, administer; prepare for occupancy of; or acquire furnishings for or in preparation of a movement to the Southeast Federal Center.

    13. Page 10, after line 2, insert:

    SEC. 104. The project for flood control for Petersburg, West Virginia, authorized by section 101(a)(26) of the Water Resources Development Act of 1990 (P.L. 101-640, 104 Stat. 4611) is modified to authorize the Secretary of the Army to construct the project at a total cost not to 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.

    14. Page 10, after line 2, insert:

    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.

    15. Page 10, after line 2, insert:

SEC. 106. WATER LEVEL IN LAKE TRAVERSE, SOUTH DAKOTA AND MINNESOTA.

    (a) IN GENERAL- Subject to subsection (b), notwithstanding any other law, the Secretary of the Army, acting through the Chief of Engineers of the Army Corps of Engineers and using funds made available under this Act, shall, to the greatest extent practicable, take such actions as are necessary to obtain and maintain an elevation of 977 feet above sea level in Lake Traverse, South Dakota and Minnesota.

    (b) LIMITATION- No action taken under subsection (a) shall result in flooding at Mud Lake, South Dakota and Minnesota.

    16. Page 10, after line 2, insert:

    SEC. 107. 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.

    17. Page 11, line 13, strike out [Struck out->][ $13,114,000 ][<-Struck out] and insert: $11,234,000

    18. Page 11, line 21, after ‘expended’ insert: : Provided further, That within available funds, $300,000 is for the completion of the feasibility study of alternatives for meeting the drinking water needs on the Cheyenne River Sioux Reservation and surrounding communities

    19. Page 12, line 2, strike out [Struck out->][ $417,301,000 ][<-Struck out] and insert: $390,461,000

    20. Page 12, line 5, strike out [Struck out->][ $94,225,000 ][<-Struck out] and insert: $92,725,000

    21. Page 13, line 11, strike out [Struck out->][ $278,759,000 ][<-Struck out] and insert: $267,393,000

    22. Page 16, lines 23 and 24, strike out [Struck out->][ $2,576,700,000 (less $1,000,000), to remain available until expended ][<-Struck out] and insert: $2,793,324,000 to remain available until expended: Provided, That no more than $7,500,000 of such funds shall be used for the termination of the Gas Turbine-Modular Helium Reactor program

    23. Page 16, line 24, after ‘expended’ insert: , of which amount within available funds $56,000,000 may be available to continue operation of the Tokamak Fusion Test Reactor (for which purpose, the Secretary may use savings from reducing general administrative expenses in accordance with the Department of Energy’s strategic alignment and downsizing effort, but none of the savings used for this purpose shall come from programmatic accounts within this title)

    24. Page 16, line 24, after ‘expended’ insert: : Provided further, That within the amount for Indian Energy Resource projects, $2,000,000 may be made available to fund the Crow energy resources programs under title XXVI of the Energy Policy Act of 1992 (25 U.S.C. 3501 et seq.)

    25. Page 16, line 24, strike out all after ‘expended’ over to and including ‘13316)’ in line 2 on page 17

    26. Page 17, after line 2 insert:

Funding for Energy Supply, Research and Development Activities Relating To Renewable Energy Sources

    (a) REDUCTION IN APPROPRIATION FOR DEPARTMENTAL ADMINISTRATION- Notwithstanding any other provision of this Act, the amount appropriated in title III of this Act under the heading DEPARTMENTAL ADMINISTRATION is hereby reduced by $25,000,000.

    (b) INCREASE IN APPROPRIATION FOR ENERGY SUPPLY, RESEARCH AND DEVELOPMENT ACTIVITIES- Notwithstanding any other provision of this Act, the amount appropriated in title III of this Act under the heading ENERGY SUPPLY, RESEARCH AND DEVELOPMENT ACTIVITIES is hereby increased by $37,000,000.

    (c) AVAILABILITY OF FUNDS- Of the funds appropriated in title III of this Act under the heading ENERGY SUPPLY, RESEARCH AND DEVELOPMENT ACTIVITIES--

      (1) not less than $4,500,000 shall be available for solar building technology research;

      (2) not less than $78,929,000 shall be available for photovoltaic energy systems;

      (3) not less than $28,443,000 shall be available for solar thermal energy systems;

      (4) not less than $55,300,000 shall be available for biofuels of which no less than half shall go toward the Biomass Electric Program;

      (5) not less than $42,000,000 shall be available for wind energy systems;

      (6) not less than $8,000,000 shall be available for international solar energy programs;

      (7) not less than $9,000,000 shall be available for hydrogen research.

    27. Page 18, line 23, strike out [Struck out->][ $991,000,000 ][<-Struck out] and insert: $971,000,000

    28. Page 19, strike out lines 2 to 6 and insert:

    For the nuclear waste disposal activities to carry out the purposes of Public Law 97-425, as amended, including the acquisition of real property or facility construction or expansion, $151,600,000 to remain available until expended, to be derived from the Nuclear Waste Fund: Provided, That of the amount herein appropriated together with the amount provided in the Defense Nuclear Waste Disposal Appropriation contained in this title, within available funds, no more than $250,000,000 shall be available to continue, at a reduced level, the technical site characterization effort and to retain deferred licensing capability at the Yucca Mountain site: Provided further, That the facility for the initial storage of no more than 40,000 metric tons of uranium at a site to be determined by the President shall be licensed by the Nuclear Regulatory Commission for an unspecified period, in accordance with its regulations governing the licensing of independent spent fuel storage installations, without regard to sections 148(a) and 148(d) of Public Law 97-425: Provided further, That the facility shall be expandable for the subsequent transportation and interim storage of up to 100,000 metric tons of uranium and shall be operational in the 1998 timeframe, consistent with sections 135(a)(1)(B), 135(a)(4), 137(a), 141(a), 148(a), 148(b), and 148(c) of Public Law 97-425, but without regard to sections 131(a)(3), 131(b)(2), 135(a)(1), 135(d), 135(e), 146, 148(d)(1), 148(d)(3), and 148(d)(4) of Public Law 97-425: Provided further, That the director shall review the program’s institutional activities, including all cooperative agreements, international commitments, and university assistance, and shall make available to these entities amounts commensurate with the revised program for nuclear waste disposal activities: Provided further, That any funds provided to the State of Nevada are for the sole purpose of conduct of its scientific oversight responsibilities pursuant to Public Law 97-425, as amended: Provided further, That none of the funds herein appropriated may be used directly or indirectly to influence legislative action on any matter pending before Congress or a State legislature or for any lobbying activity as provided in section 1913 of title 18, United States Code: Provided further, That the Secretary shall submit to the Congress within 90 days a revised program plan and schedule, including a new five-year budget, that addresses the construction and operation of the interim storage capability, the revised site characterization program at the Yucca Mountain site, and the results of the Director’s review of the program’s institutional activities.

    29. Page 19, line 19, strike out [Struck out->][ $3,273,014,000 ][<-Struck out] and insert: $3,751,719,000

    30. Page 20, line 7, strike out [Struck out->][ $5,265,478,000 ][<-Struck out] and insert: $5,989,750,000

    31. Page 20, line 18, strike out [Struck out->][ $1,323,841,000 ][<-Struck out] and insert: $1,439,112,000

    32. Page 20, line 18, after ‘expended’ insert: : Provided, That within available funds, $4,952,000 is provided for electrical and utility systems upgrade, Idaho Chemical Processing Plant, Idaho National Engineering Laboratory, project number 96-D-463

    33. Page 20, line 23, strike out [Struck out->][ $198,400,000 ][<-Struck out] and insert: $248,400,000

    34. Page 20, line 24, after ‘pended’ insert: , all of which shall be used in accordance with the terms and conditions of the Nuclear Waste Fund appropriation of the Department of Energy contained in this title

    35. Page 21, line 8, strike out [Struck out->][ $362,250,000 ][<-Struck out] and insert: $377,126,000

    36. Page 21, line 17, strike out [Struck out->][ $122,306,000 ][<-Struck out] and insert: $137,306,000

    37. Page 21, line 25, strike out [Struck out->][ $239,944,000 ][<-Struck out] and insert: $239,820,000

    38. Page 22, line 4, strike out [Struck out->][ $26,000,000 ][<-Struck out] and insert: $25,000,000

    39. Page 25, line 9, strike out [Struck out->][ $132,290,000 ][<-Struck out] and insert: $131,290,000

    40. Page 25, line 11, strike out [Struck out->][ $132,290,000 ][<-Struck out] and insert: $131,290,000

    41. Page 26, line 6, strike out [Struck out->][ $142,000,000 ][<-Struck out] and insert: $182,000,000

    42. Page 26, after line 14 insert:

DELAWARE RIVER BASIN COMMISSION

Salaries and Expenses

    For expenses necessary to carry out the functions of the United States member of the Delaware River Basin Commission, as authorized by law (75 Stat. 716), $440,000: Provided, That the United States Commissioner (Alternate Federal Member) shall not be compensated at a level higher than General Schedule level 15.

Contribution to Delaware River Basin Commission

    For payment of the United States share of the current expenses of the Delaware River Basin Commission, as authorized by law (75 Stat. 706, 707), $478,000.

    43. Page 26, after line 14 insert:

INTERSTATE COMMISSION ON THE POTOMAC RIVER BASIN

Contribution to Interstate Commission on the Potomac River Basin

    To enable the Secretary of the Treasury to pay in 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.

    44. Page 27, line 3, strike out [Struck out->][ $468,300,000 ][<-Struck out] and insert: $474,300,000

    45. Page 27, line 4, strike out [Struck out->][ $11,000,000 ][<-Struck out] and insert: $17,000,000

    46. Page 28, line 9, strike out [Struck out->][ $11,000,000 ][<-Struck out] and insert: $17,000,000

    47. Page 29, line 17, strike out [Struck out->][ $2,531,000 ][<-Struck out] and insert: $2,664,000

    48. Page 29, after line 19 insert:

SUSQUEHANNA RIVER BASIN COMMISSION

Salaries and Expenses

    For expenses necessary to carry out the functions of the United States member of the Susquehanna River Basin Commission as authorized by law (84 Stat. 1541), $280,000: Provided, That the United States Commissioner (Alternate Federal Member) shall not be compensated at a level higher than General Schedule level 15.

Contribution to Susquehanna River Basin Commission

    For payment of the United States share of the current expenses of the Susquehanna River Basin Commission, as authorized by law (84 Stat. 1530, 1531), $288,000.

    49. Page 30, line 1, strike out [Struck out->][ $103,339,000 ][<-Struck out] and insert: $110,339,000

    50. Page 30, line 2, after ‘expended’ insert: . Of the funds appropriated under this heading, not more than $25,000,000 may be expended for the Tennessee Valley Authority Environmental Research Center in Muscle Shoals, Alabama, in the event that the Center expends less than $25,000,000, such amount not expended shall be returned to the United States Treasury and the Tennessee Valley Authority appropriation reduced accordingly and the Tennessee Valley Authority shall take steps to obtain funding from other sources so as to reduce appropriated funding in the future and, not later than January 1, 1996, submit to Congress a preliminary plan securing funding from other sources

    51. Page 30, strike out lines 5 to 12

    52. Page 30, strike out lines 19 to 25

    53. Page 31, strike out lines 20 to 24

    54. Page 32, strike out lines 1 to 9

    55. Page 32, after line 9 insert:

    SEC. 509. Without fiscal year limitation, the amount of fish and wildlife costs that the Bonneville Power Administration may incur during a fiscal year shall not exceed its ability to pay as a percent of the preceding years gross annual power revenues exclusive of gross residential exchange revenues that the Bonneville Administrator accrues in that fiscal year. No branch or agency of the Federal Government shall take any action pursuant to any law which shall cause the Bonneville Power Administration to exceed this expenditure limitation.

    ‘Fish and wildlife costs’ includes--

      (1) purchase power costs and lost revenues, as determined by the Bonneville Administrator (subject to independent audit), based on the forecast value of such costs or revenues under average flow conditions, related to operations of the Federal Columbia River Power System for the benefit of fish and wildlife affected by the development, operation, or management of such system using operations prior to passage of the Northwest Power Act as a baseline for calculating such costs;

      (2) expenditures; and

      (3) reimbursable costs.

    This provision shall be implemented on October 1, 1995 unless there is a valid agreement which limits Bonneville’s exposure to increases in fish and wildlife costs consistent with its ability to pay and the needs for fish and wildlife resources in the Columbia River Basin.

    56. Page 32, after line 9 insert:

SEC. 510. MAGNETIC FUSION ENERGY ENGINEERING.

    Section 7 of the Magnetic Fusion Energy Engineering Act (42 U.S.C. 9396) is repealed.

SEC. 511. REPEAL OF REPORT ON VERIFICATION TECHNIQUES FOR PRODUCTION OF PLUTONIUM AND HIGHLY ENRICHED URANIUM.

    Section 3131 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1839) is amended by striking out subsection (c).

    57. Page 32, after line 9 insert:

SEC. 512. SENSE OF THE SENATE ON THE CONFERENCE ON S. 4, THE LINE ITEM VETO ACT.

    (a) FINDINGS- The Senate finds that--

      (1) the line item veto was a major plank in the House majority’s ‘Contract with America’ and has received strong bipartisan support in the 104th Congress;

      (2) the House of Representatives on February 6, 1995, passed H.R. 2, the Line Item Veto Act, on a vote of 294-134;

      (3) the Senate on March 23, 1995, passed S. 4, the Separate Enrollment and Line Item Veto Act of 1995, on a vote of 69-29;

      (4) the House passed S. 4, with the text of H.R. 2 inserted, by voice vote on May 17, 1995, 50 days after passage by the Senate;

      (5) notwithstanding the failure of the House to request a conference, the Senate disagreed with the House amendments, requested a conference and appointed conferees on S. 4 on June 20, 1995;

      (6) the papers for S. 4 have been held at the desk of the Speaker of the House for 42 days and the Speaker of the House has not yet moved to appoint conferees;

      (7) with the passage of time it increasingly appears that the Congress may pass and send to the President not only the appropriations bills for fiscal year 1996 but also the reconciliation bill required by H.Con.Res. 67 (the concurrent resolution setting forth the congressional budget for fiscal years 1996, 1997, 1998, 1999, 2000, 2001, and 2002) without first passing and sending to the President a line item veto bill; and

      (8) the House majority leadership has publicly cast doubt on the prospects for a conference on S. 4 this year.

    (b) SENSE OF THE SENATE- It is the sense of the Senate that--

      (1) the Speaker of the House should move to appoint conferees on S. 4 immediately, so that the House and Senate may resolve their differences on this important legislation.

    58. Page 32, after line 9 insert:

SEC. 513. ENERGY SAVINGS AT FEDERAL FACILITIES.

    (a) REDUCTION IN FACILITIES ENERGY COSTS- The head of each agency for which funds are made available under this Act shall take all actions necessary to achieve during fiscal year 1996 a 5 percent reduction, from fiscal year 1995 levels, in the energy costs of the facilities used by the agency.

    (b) USE OF COST SAVINGS- An amount equal to the amount of cost savings realized by an agency under subsection (a) shall remain available for obligation through the end of fiscal year 1997, without further authorization or appropriation, as follows:

      (1) CONSERVATION MEASURES- Fifty percent of the amount shall remain available for the implementation of additional energy conservation measures and for water conservation measures at such facilities used by the agency as are designated by the head of the agency.

      (2) OTHER PURPOSES- Fifty percent of the amount shall remain available for use by the agency for such purposes as are designated by the head of the agency, consistent with applicable law.

    (c) REPORT-

      (1) IN GENERAL- Not later than December 31, 1996, the head of each agency described in subsection (a) shall submit a report to Congress specifying the results of the actions taken under subsection (a) and providing any recommendations as to how to further reduce energy costs and energy consumption in the future.

      (2) CONTENTS- Each report shall--

        (A) specify the total energy costs of the facilities used by the agency;

        (B) identify the reductions achieved; and

        (C) specify the actions that resulted in the reductions.

    59. Page 32, after line 9 insert:

SEC. 514. WATER LEVELS IN RAINY LAKE AND NAMAKAN LAKE.

    (a) FINDINGS- Congress finds that--

      (1) the Rainy Lake and Namakan Reservoir Water Level International Steering Committee 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 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.

Attest:

Secretary.

104th CONGRESS

1st Session

H. R. 1905

AMENDMENTS