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UNITED STATES STATUTES AT LARGE

CONTAINING THE

LAWS AND CONCURRENT RESOLUTIONS ENACTED DURING THE SECOND SESSION OF THE ONE HUNDRED SECOND CONGRESS OF THE UNITED STATES OF AMERICA

1992

AND

TWENTY-SEVENTH AMENDMENT TO THE CONSTITUTION AND PROCLAMATIONS

Volume 106

IN SIX PARTS

Part 6

PUBLIC LAWS 102-574 THROUGH 102-590

UNITED STATES

GOVERNMENT PRINTING OFFICE

PUBLISHED BY AUTHORITY OF LAW UNDER THE DIRECTION OF THE ARCHIVIST OF THE UNITED STATES BY THE OFFICE OF THE FEDERAL REGISTER, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

“The United States Statutes at Large shall be legal evidence of laws, concurrent resolutions, . . . proclamations by the President and proposed or ratified amendments to the Constitution of the United States therein contained, in all the courts of the United States, the several States, and the Territories and insular possessions of the United States.” (1 USC 112).

For sale by the Superintendent of Documents U.S. Government Printing Office, Washington, DC 20402 (6-part set; sold in sets only)

CONTENTS

PARTI

Page

List of Bills Enacted Into Public Law . v

List of Public Laws . ix

List of Bills Enacted Into Private Law . xxiii

List of Private Laws . xxv

List of Concurrent Resolutions . xxvii

List of Proclamations . xxix

Public Laws 102-244 Through 102-342 . 3

Popular Name Index . A1

Subject Index . B1

Individual Index . Cl

PART 2

List of Bills Enacted Into Public Law . v

List of Public Laws . ix

List of Bills Enacted Into Private Law . xxiii

List of Private Laws . xxv

List of Concurrent Resolutions . xxvii

List of Proclamations . xxix

Public Laws 102-343 Through 102-394 . 915

Popular Name Index . A1

Subject Index . B1

Individual Index . Cl

PART 3

List of Bills Enacted Into Public Law . v

List of Public Laws . ix

List of Bills Enacted Into Private Law . xxiii

List of Private Laws . xxv

List of Concurrent Resolutions . xxvii

List of Proclamations . xxix

Public Laws 102-395 Through 102-484 . 1828

Popular Name Index . A1

Subject Index . B1

Individual Index . Cl

iii

CONTENTS

PART 4

Page

List of Bills Enacted Into Public Law . v

List of Public Laws . ix

List of Bills Enacted Into Private Law . xxiii

List of Private Laws . xxv

List of Concurrent Resolutions . xxvii

List of Proclamations . xxix

Public Laws 102-485 Through 102-549 . 2771

Popular Name Index . A1

Subject Index . B1

Individual Index . Cl

PART 5

List of Bills Enacted Into Public Law . v

List of Public Laws . ix

List of Bills Enacted Into Private Law . xxiii

List of Private Laws . xxv

List of Concurrent Resolutions . xxvii

List of Proclamations . xxix

Public Laws 102-550 Through 102-573 . 3672

Popular Name Index . A1

Subject Index . B1

Individual Index . Cl

PART 6

List of Bills Enacted Into Public Law . v

List of Public Laws . ix

List of Bills Enacted Into Private Law . xxiii

List of Private Laws . xxv

List of Concurrent Resolutions . xxvii

List of Proclamations . xxix

Public Laws 102-574 Through 102-590 . 4593

Twenty-Seventh Amendment to the Constitution . 5145

Private Laws . 5149

Concurrent Resolutions . 5161

Proclamations . 5219

Popular Name Index . A1

Subject Index . B1

Individual Index . . . Cl

LIST OF BILLS ENACTED INTO PUBLIC LAW

THE ONE HUNDRED SECOND CONGRESS OP THE UNITED STATES SECOND SESSION, 1992

BILL PUBLIC

LAW

H.R. 158 . 102-326

H.R. 355 . 102-250

H.R. 429 . 102-575

H.R. 476 . 102-249

H.R. 479 . 102-328

H.R. 543 . 102-248

H.R. 707 . 102-546

H.R. 776 . 102-486

H.R. 939 . 102-547

H.R. 1216 . 102-430

H.R. 1252 . 102-527

H.R. 1253 . 102-528

H.R. 1435 . 102-402

H.R. 1628 . 102-407

H.R. 1642 . 102-304

H.R. 1989 . 102-245

H.R. 2032 . 102-576

H.R. 2042 . 102-522

H.R. 2092 . 102-256

H.R. 2130 . 102-567

H.R. 2144 . 102-416

H.R. 2152 . 102-582

H.R. 2181 . 102-431

H.R. 2194 . 102-386

H.R. 2263 . 102-487

H.R. 2321 . 102-419

H.R. 2324 . 102-417

H.R. 2431 . 102-432

H.R. 2448 . 102-406

H.R. 2454 . 102-282

H.R. 2549 . 102-354

H.R. 2556 . 102-301

H.R. 2607 . 102-365

H.R. 2660 . 102-529

H.R. 2763 . 102-285

H.R. 2818 . 102-313

H.R. 2850 . 102-378

H.R. 2896 . 102-488

H.R. 2926 . 102-355

H.R. 2927 . 102-247

H.R. 2967 . 102-375

H.R. 2977 . 102-356

H.R. 3033 . 102-367

BILL PUBLIC

LAW

H.R. 3041 . 102-312

H.R. 3118 . 102-433

H.R. 3157 . 102-415

H.R. 3337 . 102-281

H.R. 3379 . 102-403

H.R. 3475 . 102-530

H.R. 3508 . 102-408

H.R. 3598 . 102-548

H.R. 3635 . 102-531

H.R. 3638 . 102-489

H.R. 3654 . 102-390

H.R. 3665 . 102-427

H.R. 3673 . 102-490

H.R. 3686 . 102-272

H.R. 3711 . 102-314

H.R. 3795 . 102-357

H.R. 3818 . 102-434

H.R. 3836 . 102-335

H.R. 3866 . 102-251

H.R. 4016 . 102-426

H.R. 4026 . 102-338

H.R. 4059 . 102-532

H.R. 4095 . 102-244

H.R. 4111 . 102-366

H.R. 4113 . 102-255

H.R. 4178 . 102-409

H.R. 4184 . 102-286

H.R. 4250 . 102-533

H.R. 4281 . 102-435

H.R. 4312 . 102-344

H.R. 4398 . 102-491

H.R. 4412 . 102-492

H.R. 4437 . 102-358

H.R. 4449 . 102-273

H.R. 4489 . 102-436

H.R. 4505 . 102-327

H.R. 4539 . 102-437

H.R. 4542 . 102-519

H.R. 4548 . 102-311

H.R. 4551 . 102-371

H.R. 4572 . 102-276

H.R. 4771 . 102-438

H.R. 4773 . 102-493

BILL PUBLIC

LAW

H.R. 4774 . 102-289

H.R. 4841 . 102-494

H.R. 4844 . 102—495

H.R. 4990 . 102-298

H.R. 4996 . 102-549

H.R. 4999 . 102-439

H.R. 5006 . 102-484

H.R. 5008 . 102-568

H.R. 5013 . 102-440

H.R. 5058 . 102-399

H.R. 5059 . 102-336

H.R. 5095 . 102-496

H.R. 5122 . 102-441

H.R. 5126 . 102-379

H.R. 5132 . 102-302

H.R. 5193 . 102-585

H.R. 5194 . 102-586

H.R. 5222 . 102-442

H.R. 5237 . 102-428

H.R. 5258 . 102-420

H.R. 5260 . 102-318

H.R. 5291 . 102-443

H.R. 5328 . 102-444

H.R. 5334 . 102-550

H.R. 5343 . 102-329

H.R. 5368 . 102-391

H.R. 5373 . 102-377

H.R. 5377 . 102-589

H.R. 5399 . 102-400

H.R. 5400 . 102-590

H.R. 5412 . 102-322

H.R. 5419 . 102-523

H.R. 5427 . 102-392

H.R. 5428 . 102-380

H.R. 5431 . 102-445

H.R. 5432 . 102-446

H.R. 5453 . 102-447

H.R. 5479 . 102-448

H.R. 5481 . 102-345

H.R. 5482 . 102-569

H.R. 5483 . 102—421

H.R. 5487 . 102-341

H.R. 5488 . 102-393

LIST OF BILLS ENACTED INTO PUBLIC LAW

BILL PUBLIC

LAW

H.R. 5491 . 102-449

H.R. 5503 . 102-381

H.R. 5504 . 102-396

H.R. 5518 . 102-388

H.R. 5560 . 102-359

H.R. 5566 . 102-339

H.R. 5572 . 102-450

H.R. 5575 . 102-451

H.R. 5602 . 102-452

H.R. 5605 . 102-453

H.R. 5617 . 102-587

H.R. 5620 . 102-368

H.R. 5623 . 102-360

H.R. 5630 . 102-401

H.R. 5673 . 102-410

H.R. 5677 . 102-394

H.R. 5678 . 102-395

H.R. 5679 . 102-389

H.R. 5686 . 102-497

H.R. 5688 . 102-361

H.R. 5716 . 102-534

H.R. 5739 . 102-429

H.R. 5751 . 102-454

H.R. 5763 . 102-535

H.R. 5809 . 102-570

H.R. 5831 . 102-455

H.R. 5853 . 102-536

H.R. 5862 . 102-520

H.R. 5925 . 102-411

H.R. 5954 . 102-551

H.R. 6000 . 102-456

H.R. 6014 . 102-498

H.R. 6022 . 102-537

H.R. 6047 . 102-499

H.R. 6049 . 102-457

H.R. 6050 . 102-485

H.R. 6056 . 102-382

H.R. 6072 . 102-458

H.R. 6125 . 102-552

H.R. 6128 . 102-553

H.R. 6129 . 102-554

H.R. 6133 . 102-555

H.R. 6135 . 102-588

H.R. 6164 . 102-500

H.R. 6165 . 102-459

H.R. 6167 . 102-580

H.R. 6168 . 102-581

H.R. 6179 . 102-460

H.R. 6180 . 102-538

H.R. 6181 . 102-571

H.R. 6182 . 102-539

H.R. 6183 . 102-501

H.R. 6184 . 102-461

H.R. 6187 . 102-583

H.R. 6191 . 102-556

H.J. Res. 271 ... 102-502 H.J. Res. 272 ... 102-267 H.J. Res. 284 ... 102-264

BILL PUBLIC

LAW

H.J. Res. 320 ... 102-412 H.J. Res. 343 ... 102-254 H.J. Res. 350 ... 102-253 H.J. Res. 353 ... 102-462 H.J. Res. 371 ... 102-290 H.J. Res. 388 ... 102-288 H.J. Res. 395 ... 102-252 H.J. Res. 399 ... 102-463 H.J. Res. 402 ... 102-277 H.J. Res. 409 ... 102-503 H.J. Res. 410 ... 102-268 H.J. Res. 411 ... 102-362 H.J. Res. 413 ... 102-369 H.J. Res. 422 ... 102-577 H.J. Res. 425 ... 102-283 H.J. Res. 429 ... 102-504 H.J. Res. 430 ... 102-280 H.J. Res. 442 ... 102-305 H.J. Res. 445 ... 102-303 H.J. Res. 446 ... 102-260 H.J. Res. 456 ... 102-266 H.J. Res. 457 ... 102-464 H.J. Res. 458 ... 102-505 H.J. Res. 459 ... 102-319 H.J. Res. 466 ... 102-287 H.J. Res. 467 ... 102-465 H.J. Res. 470 ... 102-309 H.J. Res. 471 ... 102-466 H.J. Res. 484 ... 102-467 H.J. Res. 489 ... 102-468 H.J. Res. 492 ... 102-364 H.J. Res. 499 ... 102-315 H.J. Res. 500 ... 102-469 H.J. Res. 503 ... 102-540 H.J. Res. 507 ... 102-363 H.J. Res. 509 ... 102-316 H.J. Res. 517 ... 102-306 H.J. Res. 520 ... 102-470 H.J. Res. 523 ... 102-471 H.J. Res. 529 ... 102-472 H.J. Res. 542 ... 102-413 H.J. Res. 543 ... 102-473 H.J. Res. 546 ... 102-557 H.J. Res. 547 ... 102-474 H.J. Res. 553 ... 102-376 H.J. Res. 560 ... 102-387 H.J. Res. 563 ... 102-475

S. 12 . 102-385

S. 225 . 102-541

S. 347 . 102-558

S. 452 . 102-293

S. 474 . 102-559

S. 544 . 102-346

S. 606 . 102-271

S. 680 . 102-372

S. 749 . 102-294

S. 756 . 102-307

S. 758 . 102-560

BILL

PUBLIC

LAW

S. 759 .

. 102-542

S. 775 .

. 102-578

S. 807 .

. 102-347

S. 838 .

. 102-295

S. 870 .

. 102-299

S. 893 .

. 102-561

S. 959 .

. 102-343

S. 985 .

. 102-274

S. 996 .

. 102-258

S. 1002 .

. 102-521

S. 1145 .

. 102-506

S. 1146 .

. 102-476

S. 1150 .

. 102-325

S. 1182 .

. 102-292

S. 1216 .

. 102-404

S. 1254 .

. 102-320

S. 1306 .

. 102-321

S. 1415 .

. 102-246

S. 1439 .

. 102-562

S. 1467 .

. 102-261

S. 1530 .

. 102-477

S. 1569 .

. 102-572

S. 1577 .

. 102-507

S. 1583 .

. 102-508

S. 1607 .

. 102-374

S. 1623 .

. 102-563

S. 1664 .

. 102-543

S. 1671 .

. 102-579

S. 1731 .

. 102-383

S. 1743 .

. 102-275

S. 1766 .

. 102-397

S. 1770 .

. 102-348

S. 1880 .

. 102-422

S. 1889 .

. 102-262

S. 1963 .

. 102-349

S. 2044 .

. 102-524

S. 2079 .

. 102-350

S. 2184 .

. 102-259

S. 2201 .

. 102-509

S. 2322 .

. 102-510

S. 2324 .

. 102-265

S. 2344 .

. 102-405

S. 2378 .

. 102-291

S. 2481 .

. 102-573

S. 2532 .

. 102-511

S. 2569 .

. 102-297

S. 2572 .

. 102-584

S. 2625 .

. 102-478

S. 2641 .

. 102-334

S. 2661 .

. 102-479

S. 2679 .

. 102-574

S. 2703 .

. 102-308

S. 2759 .

. 102-342

S. 2780 .

. 102-324

S. 2783 .

. 102-300

S. 2834 .

. 102-480

S. 2875 .

. 102-512

S. 2890 .

. 102-525

S. 2901 .

. 102-317

LIST OF BILLS ENACTED INTO PUBLIC LAW

BILL

PUBLIC

LAW

BILL

PUBLIC

LAW

BILL

S. 2905 .

. 102-310

S. 3309 .

102-565

S.J. Res. 254

S. 2917 .

. 102-337

S. 3312 .

102-515

S.J. Res. 270

S. 2938 .

S. 2941 .

. 102-330

. 102-564

S. 3327 .

102-566

S.J. Res. 271 S.J. Res. 287

S. 2964 .

. 102-544

S.J. Res. 23 .

102-398

S.J Res 295

S. 3001 .

. 102-351

S.J. Res. 92 .

102-331

SJ Rps 303

S. 3006 .

. 102-526

S.J. Res. 166 ...

102—481

S.J. Res. 304 S.J. Res. 305 S.J. Res. 309

S. 3007 .

. 102-423

S.J. Res. 174 ...

102-278

S. 3112 .

. 102-352

S.J. Res. 176 ...

102-257

S. 3134 .

. 102-545

S.J. Res. 218 ...

102-482

S. 3163 .

. 102-353

S.J. Res. 222 ...

102-279

S.J. Res. 310

S. 3175 .

. 102-384

S.J. Res. 240 ...

102-263

S.J. Res. 318

S. 3195 .

. 102-414

S.J. Res. 246 ...

102-269

S.J. Res. 319

S. 3224 .

. 102-513

S.J. Res. 251 ...

102-284

S.J. Res. 324

S. 3279 .

. 102-514

S.J. Res. 252 ...

102-483

S.J. Res. 337

vii

PUBLIC

LAW

... 102-296 ... 102-340 .. 102-270 .. 102-418 .. 102-332 .. 102-370 .. 102-816 .. 102-424 .. 102-517 .. 102-333 .. 102-518 .. 102-425 .. 102-323 .. 102-373

LIST OF PUBLIC LAWS

PUBLIC LAW

102-244 ....

102-245 .... 102-246 ....

102-247 .... 102-248 ....

102-249 .... 102-250 .... 102-251 ....

102-252 ....

102-253 ....

102-254 ....

102-255 ....

102-256 .... 102-257 ....

102-258 ....

102-259 ....

102-260 .... 102-261 ....

102-262 ....

102-263 ....

CONTAINED IN THIS VOLUME

DATE PAGE

To increase the number of weeks for which benefits are payable under the Emergency Unemployment Com¬ pensation Act of 1991, and for other purposes.

American Technology Preeminence Act of 1991 .

To provide for additional membership on the Library of Congress Trust Fund Board, and for other purposes.

Omnibus Insular Areas Act of 1992 .

To establish the Manzanar National Historic Site in the State of California, and for other purposes.

Michigan Scenic Rivers Act of 1991 .

Reclamation States Emergency Drought Relief Act of 1991

To provide for the designation of the Flower Garden Banks National Marine Sanctuary.

Designating February 6, 1992, as “National Women and Girls in Sports Day*.

Designating March 1992 as “Irish-American Heritage Month”.

To designate March 12, 1992, as “Girl Scouts of the Unit¬ ed States of America 80th Anniversary Day”.

To permit the transfer before the expiration of the other¬ wise applicable 60-day congressional review period of the obsolete training aircraft carrier U.S.S. Lexington to the Corpus Christi Area Convention and Visitors Bu¬ reau, Corpus Christi, Texas, for use as a naval museum and memorial.

Torture Victim Protection Act of 1991 .

To designate March 19, 1992, as “National Women in Ag¬ riculture Day”.

To authorize and direct the Secretary of the Interior to terminate a reservation of use and occupancy at the Buffalo National River, and for other purposes.

Morris K. Udall Scholarship and Excellence in National Environmental and Native American Public Policy Act of 1992.

Waiving certain enrollment requirements with respect to H.R. 4210 of the 102d Congress.

To designate the Federal Building and the United States Courthouse located at 15 Lee Street in Montgomery, Alabama, as the ‘Trank M. Johnson, Jr. Federal Build¬ ing and United States Courthouse”.

To designate the Federal Building and the United States Courthouse located at 111 Soutn Wolcott Street in Cas¬ per, Wyoming, as the “Ewing T. Kerr Federal Building and United States Courthouse”.

Designating March 25, 1992, as “Greek Independence Day: A National Day of Celebration of Greek and Amer¬ ican Democracy”.

Feb. 7, 1992 .

Feb. 14, 1992 Feb. 18, 1992

Feb. 24, 1992 Mar. 3, 1992 ..

Mar. 3, 1992 .. Mar. 5, 1992 . Mar. 9, 1992 .

Mar. 10, 1992

Mar. 11, 1992

Mar. 12, 1992

Mar. 12, 1992 Mar. 17, 1992

Mar. 19, 1992

Mar. 20, 1992 Mar. 20, 1992

Mar. 20, 1992

LIST OF PUBLIC LAWS

PUBLIC LAW DATE PAGE

102-264 .... To designate the week beginning April 12, 1992, as “Na- Mar. 26, 1992 . 89

tional Public Safety Telecommunicators Week”.

102-266 .... To amend the Food Stamp Act of 1977 to make a technical Mar. 26, 1992 . 90

correction relating to exclusions from income under the food stamp program, and for other purposes.

102-266 .... Making further continuing appropriations for the fiscal Apr. 1, 1992 . 92

year 1992, and for other purposes.

102-267 .... To proclaim March 20, 1992, as “National Agriculture Apr. 2, 1992 . 100

Day”.

102-268 .... Designating April 14, 1992, as “Education and Sharing Apr. 13, 1992 . 102

Day, U.S.A.”.

102-269 .... To designate April 15, 1992 as “National Recycling Day” Apr. 15, 1992 . 104

102-270 .... Expressing the sense of the Congress regarding the peace Apr. 16, 1992 . 106

process m Liberia and authorizing limited assistance to support this process.

102-271 .... To amend the Wild and Scenic Rivers Act by designating Apr. 20, 1992 . 108

certain segments of the Allegheny River in the Com¬ monwealth of Pennsylvania as a component of the Na¬ tional Wild and Scenic Rivers System, and for other purposes.

102-272 .... To amend title 28, United States Code, to make changes Apr. 21, 1992 . 112

in the places of holding court in the Eastern District of North Carolina.

102-273 .... To authorize jurisdictions receiving funds for fiscal year Apr. 21, 1992 . 113

1992 under the HOME Investment Partnerships Act that are allocated for new construction to use the funds, at the discretion of the jurisdiction, for other eligible ac¬ tivities under such Act and to amend the Stewart B.McKinney Homeless Assistance Amendments Act of 1988 to authorize local governments that have financed housing projects that have been provided a section 8 fi¬ nancial adjustment factor to use recaptured amounts available from refinancing of the projects for housing ac¬

tivities.

102-274 .... Horn of Africa Recovery and Food Security Act . Apr. 21, 1992 115

102-275 .... Arkansas Wild and Scenic Rivers Act of 1992 . Apr. 22, 1992 123

102-276 .... To direct the Secretary of Health and Human Services to Apr. 28, 1992 . 126

grant a waiver of the requirement limiting the maxi¬ mum number of individuals enrolled with a health maintenance organization who may be beneficiaries under the medicare or medicaid programs in order to enable the Dayton Area Health Flan, Inc., to continue to provide services through January 1994 to individuals residing in Montgomery County, Ohio, who are enrolled under a State plan for medical assistance under title XIX of the Social Security Act.

102-277 .... Approving the location of a memorial to George Mason . Apr. 28, 1992 . 127

102-278 .... Designating the month of May 1992, as “National May 9, 1992 . 128

Amyotrophic Lateral Sclerosis Awareness Month”.

102-279 .... To designate 1992 as the “Year of Reconciliation Between May 9, 1992 . 130

American Indians and non-Indians”.

102-280 .... To designate May 4, 1992, through May 10, 1992, as “Pub- May 11, 1992 . 132

lie Service Recognition Week”.

102-281 .... To require the Secretary of the Treasury to mint coins in May 13, 1992 . 133

commemoration of the 200th anniversary of the White House, and for other purposes.

102-282 .... Generic Drug Enforcement Act of 1992 . May 13, 1992 . 149

102-283 .... Designating May 10, 1992, as “Infant Mortality Aware- May 14, 1992 . 163

ness Dajr.

102-284 .... To designate the month of May 1992 as ‘National Hun- May 14, 1992 . 164

tington’s Disease Awareness Month”.

102-285 .... National Geologic Mapping Act of 1992 . May 18, 1992 . 166

LIST OF PUBLIC LAWS

PUBLIC LAW 102-286 ....

102-287 .... 102-288 .... 102-289 .... 102-290 ....

102-291 ....

102-292 .... 102-293 ....

102-294 .... 102-296 .... 102-296 .... 102-297 ....

102-298 .... 102-299 ....

102-300 .... 102-301 .... 102-302 ....

102-303 ....

102-304 .... 102-306 ....

102-306 ....

102-307 .... 102-308 ....

102-309 .... 102-310 ....

102-311 .... 102-312 ....

DATE PAGE

To designate the Department of Veterans Affairs Medical Center located in Northampton, Massachusetts, as the "Edward P. Boland Department of Veterans Affairs Medical Center”.

Designating April 26, 1992, through May 2, 1992, as "Na¬ tional Cnme Victims’ Rights Week”.

Designating the month of May 1992, as "National Foster Care Month”.

To provide flexibility to the Secretary of Agriculture to carry out food assistance programs in certain countries.

Designating May 31, 1992, through June 6, 1992, as a “Week for the National Observance of the Fiftieth Anni¬ versary of World War II”.

To amend title 38, United States Code, to extend certain authorities relating to the administration of veterans laws, and for other purposes.

Fishlake National Forest Enlargement Act .

To authorize a transfer of administrative jurisdiction over certain land to the Secretary of the Interior, and for other purposes.

To rename and expand the boundaries of the Mound City Group National Monument in Ohio.

Child Abuse, Domestic Violence, Adoption and Family Services Act of 1992.

Commending the New York Stock Exchange on the occa¬ sion of its bicentennial.

To provide for the temporary continuation in office of the current Deputy Security Advisor in a flag officer grade in the Navy.

Rescinding certain budget authority .

Golden Gate National Recreation Area Addition Act of 1992.

Medical Device Amendments of 1992 .

Los Padres Condor Range and River Protection Act .

for Disaster's istance To Meet ^Urgent Needs Because of Calamities Such as Those Which Occurred in Los An¬ geles and Chicago.

Designating June 1992 as "National Scleroderma Aware¬ ness Month”.

Palo Alto Battlefield National Historic Site Act of 1991 .

To designate July 6, 1992, through July 11, 1992, as "Na¬ tional Awareness Week for Life-Saving Techniques”.

To provide for a settlement of the railroad labor-manage¬ ment disputes between certain railroads and certain of their employees.

To authorize the President to appoint General Thomas C. Richards to the Office of Administrator of the Federal Aviation Administration.

To designate the month of September 1992 as "National Spina Bifida Awareness Month”.

To provide a 4-month extension of the transition rule for separate capitalization of savings associations’ subsidi¬ aries.

International Peacekeeping Act of 1992 .

To designate the Federal building located at 1620 Market Street, St. Louis, Missouri, as the "L. Douglas Abram Federal Building”.

May 18, 1992 .

May 19, 1992 .

May 20, 1992 .

May 26, 1992 .

May 27, 1992 .

May 28, 1992 .

June 2, 1992 .

June 4, 1992 .

June 9, 1992 .

June 16, 1992 .... June 19, 1992 .... June 22, 1992 ....

June 23, 1992 ....

June 23, 1992 .... June 23, 1992 ....

June 26, 1992 ....

June 26, 1992 .... June 26, 1992 ....

June 30, 1992 .... July 1, 1992 .

July 2, 1992 .

173

174

176

177

178

181

183

186

187

216

217

236

238

242

248

266

269

260

264

273

276

277

278

xii

PUBLIC LAW

102-313 ....

102-314 .... 102-315 .... 102-316 ....

102-317 ....

102-318 .... 102-319 ....

102-320 ....

102-321 .... 102-322 ....

102-323 ....

102-324 ....

102-325 .... 102-326 ....

102-327 ....

102-328 ....

102-329 ....

102-330 ....

102-331 .... 102-332 ....

102-333 ....

102-334 ....

102-335 .... 102-336 ....

LIST OF PUBLIC LAWS

DATE PAGE

To designate the Federal building located at 78 Center July 2, 1992 . 279

Street in Pittsfield, Massachusetts, as the “Silvio O.

Conte Federal Building”, and for other purposes.

WIC Farmers’ Market Nutrition Act of 1992 . July 2, 1992 280

Designating July 2, 1992, as “National Literacy Day” . July 2, 1992 . 286

To extend through September 30, 1992, the period in July 2, 1992 . 288

which there remains available for obligation certain amounts appropriated for the Bureau of Indian Affairs for the school operations costs of Bureau-funded schools.

To direct the Secretary of Health and Human Services to July 2, 1992 . 289

extend the waiver granted to the Tennessee Primary Care Network of the enrollment mix requirement under the medicaid program.

Unemployment Compensation Amendments of 1992 . July 3, 1992 290

Designating the week beginning July 26, 1992 as “Lyme July 8, 1992 . 319

Disease Awareness Week”.

To increase the authorized acreage limit for the July 10, 1992 . 321

Assateague Island National Seashore on the Maryland mainland, and for other purposes.

ADAMHA Reorganization Act . . . July 10, 1992 . 323

To authorize the transfer of certain naval vessels to July 19, 1992 . 443

Greece and Taiwan.

To commend the NASA Langley Research Center on the July 20, 1992 . 445

celebration of its 75th anniversary on July 17, 1992.

To amend the Food Security Act of 1985 to remove certain July 22, 1992 . 447

easement requirements under the conservation reserve program, ana for other purposes.

Higher Education Amendments of 1992 . July 23, 1992 . 448

To designate the building in Hiddenite, North Carolina, July 23, 1992 . 843

which houses the primary operations of the United States Postal Service as the “ZTora Leah S. Thomas Post Office Building”.

To designate the facility of the United States Postal Serv- July 23, 1992 . 844

ice located at 20 South Montgomery Street in Trenton,

New Jersey, as the “Arthur J. Holland United States Post Office Building”.

To amend the National Trails System Act to designate the Aug. 3, 1992 . 845

California National Historic Trail and Pony Express Na¬ tional Historic Trail as components of the National Trails System.

To make technical amendments to the Fair Packaging and Aug. 3, 1992 . 847

Labeling Act with respect to its treatment of the SI metric system, and for other purposes.

To authorize the Architect of the Capitol to acquire cer- Aug. 3, 1992 . 849

tain properly.

To designate July 28, 1992, as “Buffalo Soldiers Day” . Aug. 3, 1992 . 851

Designating September 10, 1992, as “National D.A.R.E. Aug. 3, 1992 . 853

Day”.

To designate August 1, 1992, as “Helsinki Human Rights Aug. 4, 1992 . 855

Day”.

To partially restore obligation authority authorized in the Aug. 6, 1992 . 858

Intermodal Surface Transportation Efficiency Act of 1991.

Pacific Yew Act . Aug. 7, 1992 . 859

To extend the boundaries of the grounds of the National Aug. 7, 1992 . 864

Gallery of Art to include the National Sculpture Garden.

LIST OF PUBLIC LAWS

PUBLIC LAW

DATE

PAGE

102-337 ....

To amend the National School Lunch Act to authorize the Secretary of Agriculture to provide financial and other assistance to tne University of Mississippi, in coopera¬ tion with the University of Southern Mississippi, to es¬ tablish and maintain a food service management insti¬ tute, and for other purposes.

Aug. 7, 1992 .

.. 865

102-338 ....

Zuni River Watershed Act of 1992 .

Aug. 11, 1992 ...

.. 866

102-339 ....

To provide additional time to negotiate settlement of a land dispute in South Carolina.

Aug. 11, 1992 ...

.. 869

102-340 ....

To designate August 15, 1992, as M82d Airborne Division 50th Anniversary Recognition Day”.

Aug. 12, 1992 ...

.. 871

102-341 ....

Agriculture, Rural Development, Food and Drug Adminis¬ tration, and Related Agencies Appropriations Act, 1993.

Aug. 14, 1992 ...

.. 873

102-342 ....

Child Nutrition Amendments of 1992 .

Aug. 14, 1992 ...

.. 911

102-343 ....

Thomas Jefferson Commemoration Commission Act .

Aug. 17, 1992 ...

.. 915

102-344 ....

Voting Rights Language Assistance Act of 1992 .

Aug. 26, 1992 ...

.. 921

102-345 ....

FAA Civil Penalty Administrative Assessment Act of 1992

Aug. 26, 1992 ...

.. 923

102-346 ....

Animal Enterprise Protection Act of 1992 .

Aug. 26, 1992 ...

.. 928

102-347 ....

To permit Mount Olivet Cemetery Association of Salt Lake City, Utah, to lease a certain tract of land for a period of not more than 70 years.

Aug. 26, 1992 ...

.. 930

102-348 ....

To convey certain surplus real property located in the Black Hills National Forest to the Black Hills Workshop and Training Center, and for other purposes.

Aug. 26, 1992 ...

.. 931

102-349 ....

To amend section 992 of title 28, United States Code, to provide a member of the United States Sentencing Com¬ mission whose term has expired may continue to serve until a successor is appointed or until the expiration of the next session of Congress.

Aug. 26, 1992 ...

.. 933

102-350 ....

Marsh-Billings National Historical Park Establishment

Aug. 26, 1992 ...

.. 934

102-351 ....

To amend the Food Stamp Act of 1977 to prevent a reduc¬ tion in the adjusted cost of the thrifty food plan during fiscal year 1993, and for other purposes.

Aug. 26, 1992 ...

.. 937

102-352 ....

Public Health Service Act Technical Amendments Act .

Aug. 26, 1992 ...

.. 938

102-353 ....

Prescription Drug Amendments of 1992 .

Aug. 26, 1992 ...

.. 941

102-354 ....

Administrative Procedure Technical Amendments Act of 1991.

Aug. 26, 1992 ...

.. 944

102-355 ....

To amend the Act of May 17, 1954, relating to the Jeffer¬ son National Expansion Memorial to authorize in¬ creased funding for the East Saint Louis portion of the Memorial, and for other purposes.

Aug. 26, 1992 ...

.. 947

102-356 ....

Public Telecommunications Act of 1992 .

Aug. 26, 1992 ...

.. 949

102-357 ....

To amend title 28, United States Code, to establish 3 divi¬ sions in the Central Judicial District of California.

Aug. 26, 1992 ...

.. 958

102-358 ....

To authorize funds for the implementation of the settle¬ ment agreement reached between the Pueblo de Cochiti and the United States Army Corps of Engineers under the authority of Public Law 100-202.

Aug. 26, 1992 ...

.. 960

102-359 ....

To extend for one year the National Commission on Time and Learning, and for other purposes.

Aug. 26, 1992 ...

.. 962

102-360 ....

To waive the period of congressional review for certain District of Columbia Acts.

Aug. 26, 1992 ...

.. 964

102-361 ....

Bankruptcy Judgeship Act of 1992 .

Aug. 26, 1992 ...

.. 965

102-362 ....

To designate the week of September 13, 1992, through September 19, 1992, as “National Rehabilitation Week”.

Aug. 26, 1992 ...

.. 967

102-363 ....

To approve the extension of nondiscriminatory treatment with respect to the products of the Republic of Albania.

Aug. 26, 1992 ...

.. 969

102-364 ....

Designating September 1992 as “Childhood Cancer Month”.

Sept. 2, 1992 ....

.. 970

XIV

LIST OF PUBLIC LAWS

PUBLIC LAW

102-365 .... 102-366 ....

102-367 .... 102-368 ....

102-369 ....

102-370 ....

102-371 .... 102-372 .... 102-373 ....

102-374 ....

102-375 .... 102-376 ....

102-377 .... 102-378 ....

102-379 ... 102-380 ... 102-381 ...

102-382 ...

102-383 ... 102-384 ...

102-385 ...

102-386 ...

102-387 ...

102-388 ... 102-389 ...

102-390 ...

102-391 ...

102-392 ... 102-393 ...

DATE PAGE

Rail Safety Enforcement and Review Act . Sept. 3, 1992

Small Business Credit and Business Opportunity En- Sept. 4, 1992 hancement Act of 1992.

Job Training Reform Amendments of 1992 . Sept. 7, 1992 .

Dire Emergency Supplemental Appropriations Act, 1992, Sept. 23, 1992 Including Disaster Assistance To Meet the Present Emergencies Arising From the Consequences of Hurri¬ cane Andrew, Typhoon Omar, Hurricane Iniki, and Other Natural Disasters, and Additional Assistance to Distressed Communities.

To designate September 13, 1992, as “Commodore John Sept. 24, 1992 Barry Day”.

To designate October 1992 as “National Breast Cancer Sept. 24, 1992 Awareness Month”.

Civil Liberties Act Amendments of 1992 . Sept. 27, 1992

Tourism Policy and Export Promotion Act of 1992 . Sept. 30, 1992

Designating September 18, 1992, as “National POW/MIA Sept. 30, 1992 Recognition Day”, and authorizing display of the Na¬ tions League of Families POW/MIA flag.

Northern Cheyenne Indian Reserved Water Rights Settle- Sept. 30, 1992 ment Act of 1992.

Older Americans Act Amendments of 1992 . Sept. 30, 1992

Making continuing appropriations for the fiscal year 1993, Oct. 1, 1992 ... and for other purposes.

Energy and Water Development Appropriations Act, 1993 Oct. 2, 1992 ... Technical and Miscellaneous Civil Service Amendments Oct. 2, 1992 ... Act of 1992.

Civil War Battlefield Commemorative Coin Act of 1992 .... Oct. 5, 1992

Military Construction Appropriations Act, 1993 . Oct. 5, 1992

. Department of the Interior and Related Agencies Appro- Oct. 5, 1992 priations Act, 1993.

. District of Columbia Supplemental Appropriations and Oct. 5, 1992 Rescissions Act, 1992.

United States-Hong Kong Policy Act of 1992 . Oct. 5, 1992

National and Community Service Technical Amendment Oct. 5, 1992 Act of 1992.

. Cable Television Consumer Protection and Competition Oct. 5, 1992 Act of 1992.

. To amend the Solid Waste Disposal Act to clarify provi- Oct. 6, 1992 sions concerning the application of certain requirements and sanctions to Federal facilities.

. Waiving certain enrollment requirements with respect to Oct. 6, 1992 any appropriations bill for the remainder of the One Hundred Second Congress.

. Department of Transportation and Related Agencies Ap- Oct. 6, 1992 propriations Act, 1993.

. Departments of Veterans Affairs and Housing and Urban Oct. 6, 1992 Development, and Independent Agencies Appropriations Act, 1993.

. To provide for the minting of commemorative coins to sup- Oct. 6, 1992 port the 1996 Atlanta Centennial Olympic Games and the programs of the United States Olympic Committee, to reauthorize and reform the United States Mint, and for other purposes.

. Foreign Operations, Export Financing, and Related Pro- Oct. 6, 1992 grams Appropriations Act, 1993.

. Legislative Branch Appropriations Act, 1993 . Oct. 6, 1992

,. Treasury, Postal Service, and General Government Appro- Oct. 6, 1992 priations Act, 1993.

972

986

1021

1117

.... 1163

.... 1165

.... 1167 .... 1170 .... 1184

.... 1186

.... 1195 . 1311

. 1315

. 1346

. 1362

. 1366

. 1374

. 1422

. 1448

. 1455

. 1460

. 1505

. 1519

. 1520

. 1571

. 1620

1633

1703

1729

LIST OF PUBLIC LAWS

PUBLIC LAW 102-394 ....

102-395 ....

102-396 .... 102-397 ....

102-398 ....

102-399 ....

102-400 ....

102-401 .... 102-402 ....

102-403 ....

102-404 .... 102-405 .... 102-406 ....

102-407 ....

102-408 ....

102-409 .... 102-410 ....

102-411 ....

102-412 ...

102-413 ....

102-414 ....

102-415 ... 102-416 ... 102-417 ... 102-418 ...

102-419 ... 102-420 ...

102-421 ... 102-422 ...

102-423 ...

102-424 ...

DATE PAGE

Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1993.

Departments of Commerce, Justice, and State, the Judici¬ ary, and Related Agencies Appropriations Act, 1993.

Department of Defense Appropriations Act, 1993 .

To add to the area in which the Capitol Police have law enforcement authority, and for other purposes.

To consent to certain amendments enacted by the legisla¬ ture of the State of Hawaii to the Hawaiian Homes Commission Act, 1920.

To authorize appropriations for the American Folklife Center for fiscal year 1993.

United States Commission on Civil Rights Authorization Act of 1992.

Head Start Improvement Act of 1992 .

R«9$2 Mountain ^rsenal National Wildlife Refuge Act of

To amend section 574 of title 5, United States Code, relat¬ ing to the authorities of the Administrative Conference.

Chinese Student Protection Act of 1992 .

Veterans’ Medical Programs Amendments of 1992 .

Benjamin Franklin National Memorial Commemorative Medal and Fire Service Bill of Rights Act.

To authorize the construction of a monument in the Dis¬ trict of Columbia or its environs to honor Thomas Paine, and for other purposes.

Health Professions Education Extension Amendments of 1992.

DES Education and Research Amendments of 1992 .

Agency for Health Care Policy and Research Reauthoriza¬ tion Act of 1992.

EEOC Education, Technical Assistance, and Training Re¬ volving Fund Act of 1992.

Authorizing the government of the District of Columbia to establish, in the District of Columbia or its environs, a memorial to African-Americans who served with Union forces during the Civil War..

Designating the week beginning November 8, 1992, as “Hire a Veteran Week”.

World War II 60th Anniversary Commemorative Coins Act.

. Alaska Land Status Technical Corrections Act of 1992 .

. Advisory Council on California Indian Policy Act of 1992

. Incarcerated Witness Fees Act of 1991 .

. To designate the week of October 4, 1992, through Octo¬ ber 10, 1992, as “Mental Illness Awareness Week”.

. Dayton Aviation Heritage Preservation Act of 1992 .

. An act to provide for the withdrawal of most favored na¬ tion status from Serbia and Montenegro and to provide for restoration of such status if certain conditions are fulfilled.

. Education of the Deaf Act Amendments of 1992 .

. To amend the District of Columbia Spouse Equity Act of 1988.

. To authorize financial assistance for the construction and maintenance of the Mary McLeod Bethune Memorial Fine Arts Center.

. To designate October 1992 as “Polish-American Heritage Month”.

Oct. 6, 1992

Oct. 6, 1992 Oct. 6, 1992

Oct. 6, 1992

Oct. 7, 1992 .

Oct. 7, 1992 . Oct. 9, 1992 .

Oct. 9, 1992 .

Oct. 9, 1992 . Oct. 9, 1992 . Oct. 12, 1992

Oct. 13, 1992

Oct. 13, 1992 Oct. 13, 1992

Oct. 14, 1992

Oct. 14, 1992 Oct. 14, 1992 Oct. 14, 1992 Oct. 14, 1992

Oct. 16, 1992 Oct. 16, 1992

Oct. 16, 1992

1792

1828

1876

1949

1953

1954

1955

1956 1961

1968

1969 1972 1986

1991

1992

2092

2094

2102

2104

2105

2106

2112

2131

2138

2139

2141

2149

2151

2167

2168

2170

XVI

LIST OF PUBLIC LAWS

PUBLIC LAW

102-425 ....

102-426 .... 102-427 .... 102-428 ....

102-429 .... 102-430 ....

102-431 ....

102-432 ....

102-433 .... 102-434 ....

102-435 ....

102-436 .... 102-437 ....

102-438 ....

102-439 ....

102-440 ....

102-441 .... 102-442 ....

102-443 ....

102-444 .... 102-445 ...

DATE PAGE

To designate the second Sunday in October of 1992 as “National Children’s Day”.

Community Environmental Response Facilitation Act .

Little River Canyon National Preserve Act of 1992 .

Rural Electrification Administration Improvement Act of 1992.

Export Enhancement Act of 1992 .

Indiana Dunes National Lakeshore Access and Enhance¬ ment Act.

To permit the Secretary of the Interior to acquire by ex¬ change lands in the Cuyahoga National Recreation Area that are owned by the State of Ohio.

To amend the Wild and Scenic Rivers Act by designating a segment of the Lower Merced River in California as a component of the National Wild and Scenic Rivers System.

To designate the Federal Office Building Number 9 lo¬ cated at 1900 E Street, Northwest, in the District of Co¬ lumbia, as the “Theodore Roosevelt Federal Building”.

To designate the building located at 80 North Hughey Av¬ enue in Orlando, Florida, as the George C. Young Unit¬ ed States Courthouse and Federal Building.

To designate the Federal building and courthouse to be constructed at 5th and Ross Streets in Santa Ana, Cali¬ fornia, as the “Ronald Reagan Federal Building and Courthouse”.

To provide for a land exchange with the city of Tacoma, Washington.

To designate the general mail facility of the United States Postal Service in Gulfport, Mississippi, as the “Larkin I. Smith General Mail Facility^ and the building of the United States Postal Service in Poplarville, Mississippi, as the “Larkin I. Smith Post Office Building”.

To designate the facility under construction for use by the United States Postal Service at FM 1098 Loop in Prai¬ rie View, Texas, as the “Esel D. Bell Post Office Build¬ ing”.

To authorize additional appropriations for implementation of the development plan for Pennsylvania Avenue be¬ tween the Capitol and the White House.

To promote the conservation of wild exotic birds, to pro¬ vide for the Great Lakes Fish and Wildlife Tissue Bank, to reauthorize the Fish and Wildlife Conservation Act of 1980, to reauthorize the African Elephant Conservation Act, and for other purposes.

Jicarilla Apache Tribe Water Rights Settlement Act .

To designate the Federal building and United States courthouse located at 204 South Main Street in South Bend, Indiana, as the “Robert A. Grant Federal Build¬ ing and United States Courthouse”.

To provide for the temporary use of certain lands in the city of South Gate, California, for elementary school purposes.

To amend title 36, United States Code, with respect to the late payment of maintenance fees.

To designate the Federal building located at 200 Federal Plaza in Paterson, New Jersey, as the “Robert A. Roe Federal Building”.

Oct. 16, 1992 . 2172

Oct. 19, 1992 . 2174

Oct. 21, 1992 . 2179

Oct. 21, 1992 . 2183

Oct. 21, 1992 . 2186

Oct. 23, 1992 . 2208

Oct. 23, 1992 . 2211

Oct. 23, 1992 . 2212

Oct. 23, 1992 . 2214

Oct. 23, 1992 . 2215

Oct. 23, 1992 . 2216

Oct. 23, 1992 . 2217

Oct. 23, 1992 . 2221

Oct. 23, 1992 . 2222

Oct. 23, 1992 . 2223

Oct. 23, 1992 . 2224

Oct. 23, 1992 . 2237

Oct. 23, 1992 . 2243

Oct. 23, 1992 . 2244

Oct. 23, 1992 . 2245

Oct. 23, 1992 . 2246

LIST OF PUBLIC LAWS xvii

PUBLIC LAW DATE PAGE

102-446 .... To designate the Federal building and United States Oct. 23, 1992 . 2247

courthouse located at the corner of College Avenue and Mountain Street in Fayetteville, Arkansas, as the “John Paul Hammerschmidt Federal Building and United States Courthouse”.

102-447 .... To designate the Central Square facility of the United Oct. 23, 1992 . 2248

States Postal Service in Cambridge, Massachusetts, as the “Clifton Merriman Post Office Building”.

102-448 .... To designate the facility of the United States Postal Serv- Oct. 23, 1992 . 2249

ice located at 1100 Wythe Street in Alexandria, Vir-

g'nia, as the “Helen Day United States Post Office uilding”.

102-449 .... To designate the Department of Veterans Affairs medical Oct. 23, 1992 . 2250

center in Marlin, Texas, as the “Thomas T. Connally Department of Veterans Affairs Medical Center”.

102-450 .... To designate May of each year as “Asian/Pacific American Oct. 23, 1992 . 2251

Heritage Month”.

102-451 .... To authorize certain additional uses of the Library of Con- Oct. 23, 1992 . 2263

gress Special Facilities Center, and for other purposes.

102-452 .... Granting the consent of the Congress to the Interstate Oct. 23, 1992 . 2255

Rail Passenger Network Compact.

102-453 .... Cedar River Watershed Land Exchange Act of 1992 . Oct. 23, 1992 . 2258

102-464 .... To provide for the distribution within the United States of Oct. 23, 1992 . 2262

certain materials prepared by the United States Infor¬ mation Agency.

102-455 .... To designate the Federal Building located at Main and Oct. 23, 1992 . 2263

Churcn Streets in Victoria, Texas, as the “Martin Lu¬ ther King, Jr. Federal Building”.

102-466 .... To redesignate Springer Mountain National Recreation Oct. 23, 1992 . 2264

Area as “Ed Jenkins National Recreation Area”.

102-467 .... Congressional Award Act Amendments of 1992 . Oct. 23, 1992 . 2265

102-458 .... To direct expedited negotiated settlement of the land Oct. 23, 1992 . 2267

rights of the Kenai Natives Association, Inc., under sec¬ tion 14(h)(3) of the Alaska Native Claims Settlement Act, by directing land acquisition and exchange negotia¬ tions oy the Secretary of the Interior and certain Alaska Native corporations involving lands and interests in lands held by the United States and such corporations.

102-459 .... To amend certain provisions of law relating to establish- Oct. 23, 1992 . 2268

ment, in the District of Columbia or its environs, of a memorial to honor Thomas Paine.

102-460 .... To amend the Wild and Scenic Rivers Act . Oct. 23, 1992 . 2270

102-461 .... To amend the National Trails System Act to designate the Oct. 23, 1992 . 2273

American Discovery Trail for study to determine the feasibility and desirability of its designation as a na¬ tional trail.

102-462 .... Designating the week beginning January 3, 1993, as Oct. 23, 1992 . 2274

“Braille Literacy Week”.

102-463 .... Designating the week beginning November 1, 1992, as Oct. 23, 1992 . 2276

“National Medical Staff Services Awareness Week”.

102-464 .... Designating January 16, 1993, as “Religious Freedom Oct. 23, 1992 . 2277

Day”.

102-465 .... Designating October 24, 1992, through November 1, 1992, Oct. 23, 1992 . 2279

as “National Red Ribbon Week for a Drug-Free Amer- ica .

102-466 .... Designating October 14, 1992, as “National Occupational Oct. 23, 1992 . 2281

Therapy Day”.

102-467 .... Designating the week beginning February 14, 1993, as Oct. 23, 1992 . 2283

“National Visiting Nurse Associations Week”.

PUBLIC LAW

DATE

PAGE

102-468 ....

Designating February 21, 1993, through February 27, 1993, as “American Wine Appreciation Week”, and for other purposes.

Oct. 23, 1992 .

.. 2285

102-469 ....

Designating March 1993 as “Irish-American Heritage Month”

Oct. 23, 1992 ....

.. 2287

102-470 ....

To designate the month of October 1992 as “Country Music Month”.

Oct. 23, 1992 ....

.. 2289

102-471 ....

Designating October 8, 1992, as “National Firefighters Day”.

Oct. 23, 1992 ....

.. 2290

102-472 ....

Supporting the planting of 500 redwood trees from Cali¬ fornia in Spain in commemoration of the quincentenary of the voyage of Christopher Columbus and designating the trees as a gift to the people of Spain.

Oct. 23, 1992 ....

.. 2291

102-473 ....

Designating November 30, 1992, through December 6, 1992, as “National Education First Week”.

Oct. 23, 1992 ....

.. 2293

102-474 ....

Designating May 2, 1993, through May 8, 1993, as “Na¬ tional Walking Week”.

Oct. 23, 1992 ....

... 2295

102-475 ....

Providing for the convening of the first session of the One Hundred Third Congress.

Oct. 23, 1992 ....

... 2296

102-476 ....

Scientific and Advanced-Technology Act of 1992 .

Oct. 23, 1992 ....

... 2297

102-477 ....

Indian Employment, Training and Related Services Dem¬ onstration Act of 1992.

Oct. 23, 1992 ....

... 2302

102-478 ....

. To designate the United States courthouse being con¬ structed at 400 Cooper Street in Camden, New Jersey, as the Mitchell H. Cohen United States Courthouse.

Oct. 23, 1992 ...

... 2307

102-479 ...

. To authorize the striking of a medal commemorating the 250th anniversary of the founding of the American Phil¬ osophical Society and the birth of Thomas Jefferson.

Oct. 23, 1992 ...

... 2308

102-480 ...

. To designate the United States Post Office Building lo¬ cated at 100 Main Street, Millsboro, Delaware, as the “John J. Williams Post Office Building”.

Oct. 23, 1992 ...

... 2310

102-481 ...

. Designating the week of October 4 through 10, 1992, as “National Customer Service Week”.

Oct. 23, 1992 ...

... 2311

102-482 ...

. Designating the calendar year, 1993, as the “Year of American Craft: A Celebration of the Creative Work of the Hand”.

Oct. 23, 1992 ...

... 2312

102-483 ...

. Designating the week of April 18 through 24, 1993, as “National Credit Education Week”.

Oct. 23, 1992 ...

... 2314

102-484 ...

. National Defense Authorization Act for Fiscal Year 1993

Oct. 23, 1992 ...

... 2315

102-485 ...

. Depository Institutions Disaster Relief Act of 1992 .

Oct. 23, 1992 ...

... 2771

102-486 ...

. Energy Policy Act of 1992 .

Oct. 24, 1992 ...

... 2776

102-487 ...

. To amend chapter 45 of title 6, United States Code, to au¬ thorize awards for cost savings disclosures.

Oct. 24, 1992 ...

... 3134

102-488 ...

. Minute Man National Historical Park Amendments of 1991.

Oct. 24, 1992 ...

... 3135

102-489 ...

. Koniag Lands Conveyance Amendments of 1991 .

Oct. 24, 1992 ...

... 3138

102-490 ...

. Membrane Processes Research Act of 1992 .

Oct. 24, 1992 ...

.... 3142

102-491 ...

. Federal Reserve Bank Branch Modernization Act .

Oct. 24, 1992 ...

.... 3144

102-492 ...

. To amend title 17, United States Code, relating to fair use of copyrighted works.

Oct. 24, 1992 ...

.... 3145

102-493 ...

. Fertility Clinic Success Rate and Certification Act of 1992

Oct. 24, 1992 ..

.... 3146

102-494 ...

. Granting the consent of the Congress to the New Hamp- shire-Maine Interstate School Compact.

Oct. 24, 1992 ..

.... 3153

102-495 ...

. Elwha River Ecosystem and Fisheries Restoration Act .

Oct. 24, 1992 ..

.... 3173

102-496 ...

.. Intelligence Authorization Act for Fiscal Year 1993 .

Oct. 24, 1992 ..

.... 3180

102-497 ...

.. To make technical amendments to certain Federal Indian

Oct. 24, 1992 ..

.... 3255

statutes.

LIST OF PUBLIC LAWS

PUBLIC LAW

102-498 ....

102-499 ....

102-500 ....

102-501 .... 102-602 ....

102-503 ....

102-504 ....

102-505 ....

102-506 .... 102-507 ....

102-508 .... 102-509 .... 102-510 ....

102-511 ....

102-512 .... 102-513 ....

102-514 ....

102-515 .... 102-516 ....

102-517 ....

102-518 ....

102-519 .... 102-520 ....

102-521 .... 102-522 .... 102-523 .... 102-524 .... 102-525 ....

To designate certain land in the State of Missouri owned by the United States and administered by the Secretary of Agriculture as part of the Mark Twain National For¬ est.

To amend the United States Information and Educational Exchange Act of 1948, the Foreign Service Act of 1980, and other provisions of law to make certain changes in administrative authorities.

To amend the John F. Kennedy Center Act to authorize appropriations for maintenance, repair, alteration, and other services necessary for the John F. Kennedy Cen¬ ter for the Performing Arts.

Federally Supported Health Centers Assistance Act of 1992.

Authorizing the Go For Broke National Veterans Associa¬ tion Foundation to establish a memorial in the District of Columbia or its environs to honor Japanese American patriotism in World War II.

Designating January 16, 1993, as “National Good Teen Day”.

Designating May 2, 1993, through May 8, 1993, as “Be Kind to Animals and National Pet Week”.

Designating the week beginning October 25, 1992, as “World Population Awareness Week”.

Office of Government Ethics Amendments of 1992 .

Alzheimer’s Disease Research, Training, and Education Amendments of 1992.

Pipeline Safety Act of 1992 .

Soviet Scientists Immigration Act of 1992 .

Veterans’ Compensation Cost-of-Living Adjustment Act of 1992.

Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 (FREEDOM Support Act).

Children’s Nutrition Assistance Act of 1992 .

To designate the United States Courthouse to be con¬ structed in Fargo, North Dakota, as the “Quentin N. Burdick United States Courthouse”.

To extend the authorization of use of official mail in the location and recovery of missing children, and for other purposes.

Cancer Registries Amendment Act .

Designating January 3, 1993, through January 9, 1993, as “National Law Enforcement Training Week .

Designating the week beginning November 8, 1992, as “National Women Veterans Recognition Week”. Designating November 13, 1992, as “Vietnam Veterans Memorial 10th Anniversary Day”.

Anti Car Theft Act of 1992 .

To amend title I of the Omnibus Crime Control and Safe Streets Act of 1968 to ensure an equitable and timely distribution of benefits to public safety officers.

Child Support Recovery Act of 1992 .

Fire Administration Authorization Act of 1992 .

International Dolphin Conservation Act of 1992 .

Native American Languages Act of 1992 .

To provide for the establishment of the Brown v. Board of Education National Historic Site in the State of Kansas, and for other purposes.

xix

DATE PAGE

Oct. 24, 1992 . 3263

Oct. 24. 1992 . 3264

Oct. 24, 1992 . 3267

Oct. 24, 1992 . 3268

Oct. 24, 1992 . 3273

Oct. 24, 1992 . 3275

Oct. 24, 1992 . 3276

Oct. 24, 1992 . 3278

Oct. 24, 1992 . 3280

Oct. 24, 1992 . 3281

Oct. 24, 1992 . 3289

Oct. 24, 1992 . 3316

Oct. 24, 1992 . 3318

Oct. 24, 1992 . 3320

Oct. 24, 1992 . 3363

Oct. 24, 1992 . 3370

Oct. 24, 1992 . 3371

Oct. 24, 1992 . 3372

Oct. 24, 1992 . 3378

Oct. 24, 1992 . 3380

Oct. 24, 1992 . 3382

Oct. 25, 1992 . 3384

Oct. 25, 1992 . 3402

Oct. 25, 1992 . 3403

Oct. 26, 1992 . 3410

Oct. 26, 1992 . 3425

Oct. 26, 1992 . 3434

Oct. 26, 1992 . 3438

LIST OF PUBLIC LAWS

PUBLIC LAW 102-526 ....

102-527 .... 102-528 ....

102-529 ....

102-530 ....

102-531 .... 102-532 .... 102-533 .... 102-534 ....

102-535 .... 102-536 ....

102-537 .... 102-538 .... 102-539 .... 102-540 ....

102-541 ....

102-542 .... 102-543 ....

102-544 ....

102-545 .... 102-546 ... 102-547 ... 102-548 ... 102-549 ... 102-550 ... 102-551 ...

102-552 ... 102-553 ...

102-554 ... 102-555 ... 102-556 ... 102-557 ...

102-558 ...

DATE PAGE

President John F. Kennedy Assassination Records Collec- Oct. 26, 1992 . 3443

tion Act of 1992.

Battered Women’s Testimony Act of 1992 . Oct. 27, 1992 . 3459

To amend the State Justice Institute Act of 1984 to carry Oct. 27, 1992 . 3461

out research, and develop judicial training curricula, re¬ lating to child custody litigation.

To authorize appropriations for the United States Holo- Oct. 27, 1992 . 3463

caust Memorial Council, and for other purposes.

Women in Apprenticeship and Nontraditional Occupations Oct. 27, 1992 . 3465

Act.

Preventive Health Amendments of 1992 . Oct. 27, 1992 . 3469

Enterprise for the Americas Initiative Act of 1992 . Oct. 27, 1992 . 3509

Amtrak Authorization and Development Act . Oct. 27, 1992 . 3515

To extend for two years the authorizations of appropria- Oct. 27, 1992 . 3524

tions for certain programs under title I of the Omnibus Crime Control and Safe Streets Act of 1968.

To provide equitable treatment to producers of sugarcane Oct. 27, 1992 . 3526

subject to proportionate shares.

To designate segments of the Great Egg Harbor River and Oct. 27, 1992 . 3528

its tributaries in the State of New Jersey as components

of the National Wild and Scenic Rivers System.

Ted Weiss Child Support Enforcement Act of 1992 . Oct. 27, 1992 3531

Telecommunications Authorization Act of 1992 . Oct. 27, 1992 3533

Mammography Quality Standards Act of 1992 . Oct. 27, 1992 3547

Acknowledging the sacrifices that military families have Oct. 27, 1992 . 3563

made on behalf of the Nation and designating Novem¬ ber 23, 1992, as “National Military Families Recognition Day”.

To expand the boundaries of the Fredericksburg and Spot- Oct. 27, 1992 . 3565

sylvania County Battlefields Memorial National Mili¬ tary Park, Virginia.

Trademark Remedy Clarification Act . Oct. 27, 1992 . 3567

To establish the Keweenaw National Historical Park, and Oct. 27, 1992 . 3569

for other purposes.

Granting the consent of the Congress to a supplemental Oct. 27, 1992 . 3576

compact or agreement between the Commonwealth of Pennsylvania and the State of New Jersey concerning the Delaware River Port Authority.

Ready to Learn Act . Oct. 27, 1992 . 3586

Futures Trading Practices Act of 1992 . Oct. 28, 1992 . 3590

Veterans Home Loan Program Amendments of 1992 . Oct. 28, 1992 . 3633

. Intermodal Safe Container Transportation Act of 1992 . Oct. 28, 1992 . 3646

. Jobs Through Exports Act of 1992 . Oct. 28, 1992 . 3651

. Housing and Community Development Act of 1992 . Oct. 28, 1992 . 3672

. An Act to amend the Food, Agriculture, Conservation, and Oct. 28, 1992 . 4098

Trade Act of 1990 to improve health care services and educational services through telecommunications, and for other purposes.

. Farm Credit Banks and Associations Safety and Sound- Oct. 28, 1992 . 4102

ness Act of 1992.

. To amend Jhe United States Warehouse Act to provide for Oct. 28, 1992 . 4140

the use of electronic cotton warehouse receipts, and for other purposes.

. Agricultural Credit Improvement Act of 1992 . Oct. 28, 1992 . 4142

. Land Remote Sensing Policy Act of 1992 . Oct. 28, 1992 . 4163

. Telephone Disclosure and Dispute Resolution Act . Oct. 28, 1992 . 4181

. Designating February 4, 1993, and February 3, 1994, as Oct. 28, 1992 . 4196

“National Women and Girls in Sports Day”.

Defense Production Act Amendments of 1992 . Oct. 28, 1992 . 4198

PUBLIC LAW

102-559 .... 102-560 ....

102-561 ....

102-562 ....

102-563 .... 102-564 ....

102-565 ....

102-566 ....

102-567 ....

102-568 .... 102-569 .... 102-570 ....

102-571 .

102-572 .... 102-573 .... 102-574 .... 102-575 ....

102-576 .... 102-577 ....

102-578 .... 102-579 .... 102-580 .... 102-581 ....

102-582 .... 102-583 .... 102-584 .... 102-585 .... 102-586 ....

102-587 .... 102-588 ....

102-589 .... 102-590 ....

Professional and Amateur Sports Protection Act .

Patent and Plant Variety Protection Remedy Clarification Act.

To amend title 18, United States Code, with respect to the criminal penalties for copyright infringement.

To authorize and direct the Secretary of the Interior to convey certain lands in Livingston Parish, Louisiana, and for other purposes.

Audio Home Recording Act of 1992 .

Small Business Research and Development Enhancement Act of 1992.

To amend the Peace Corps Act to authorize appropriations for the Peace Corps for fiscal year 1993 ana to establish a Peace Corps foreign exchange fluctuations account, and for other purposes.

To amend the Agricultural Adjustment Act of 1938 to per¬ mit the acre-for-acre transfer of an acreage allotment or quota for certain commodities, and for other purposes. National Oceanic and Atmospheric Administration Au¬ thorization Act of 1992.

Veterans’ Benefits Act of 1992 .

Rehabilitation Act Amendments of 1992 .

To authorize the Secretary of the Interior to construct and operate an interpretive center for the Ridgefield Na¬ tional Wildlife Refuge in Clark County, Washington.

To amend the Federal Food, Drug, and Cosmetic Act to authorize human drug application, prescription drug es¬ tablishment, and prescription drug product fees and for other purposes.

Federal Courts Administration Act of 1992 .

Indian Health Amendments of 1992 .

Hawaii Tropical Forest Recovery Act .

Reclamation Projects Authorization and Adjustment Act of 1992.

Nez Perce National Historical Park Additions Act of 1991 Designating November 1992 as “Neurofibromatosis Awareness Month”.

Veterans’ Radiation Exposure Amendments of 1992 .

Waste Isolation Pilot Plant Land Withdrawal Act .

Water Resources Development Act of 1992 .

Airport and Airway Safety, Capacity, Noise Improvement, and Intermodal Transportation Act of 1992.

High Seas Driftnet Fisheries Enforcement Act .

International Narcotics Control Act of 1992 .

Arkansas-Idaho Exchange Act of 1992 .

Veterans Health Care Act of 1992 .

To amend the Juvenile Justice and Delinquency Preven¬ tion Act of 1974 to authorize appropriations for fiscal years 1993, 1994, 1995, and 1996, and for other pur¬ poses.

Oceans Act of 1992 .

National Aeronautics and Space Administration Author¬ ization Act, Fiscal Year 1993.

Cash Management Improvement Act Amendments of 1992 Homeless Veterans Comprehensive Service Programs Act of 1992.

DATE PAGE

Oct. 28, 1992 . 4227

Oct. 28, 1992 . 4230

Oct. 28, 1992 . 4233

Oct. 28, 1992 . 4234

Oct. 28, 1992 . 4237

Oct. 28, 1992 . 4249

Oct. 28, 1992 . 4265

Oct. 28, 1992 . 4269

Oct. 29, 1992 . 4270

Oct. 29, 1992 . 4320

Oct. 29, 1992 . 4344

Oct. 29, 1992 . 4489

Oct. 29, 1992 . 4491

Oct. 29, 1992 . 4506

Oct. 29, 1992 . 4526

Oct. 29, 1992 . 4593

Oct. 30, 1992 . 4600

Oct. 30, 1992 . 4770

Oct. 30, 1992 . 4772

Oct. 30, 1992 . 4774

Oct. 30, 1992 . 4777

Oct. 31, 1992 . 4797

Oct. 31, 1992 . 4872

Nov. 2, 1992 . 4900

Nov. 2, 1992 . 4914

Nov. 2, 1992 . 4937

Nov. 4, 1992 . 4943

Nov. 4, 1992 . 4982

Nov. 4, 1992 . 5039

Nov. 4, 1992 . 5107

Nov. 10, 1992 . 5133

Nov. 10, 1992 . 5136

LIST OF BILLS ENACTED INTO PRIVATE LAW

THE ONE HUNDRED SECOND CONGRESS OP THE UNITED STATES SECOND SESSION, 1992

BILL

PRIVATE

LAW

BILL

PRIVATE

LAW

BILL

PRIVATE

LAW

H.R. 238 .

. 102-8

H.R. 2156 ....

. 102-14

S. 249 .

. 102-5

H.R. 240 .

. 102-12

H.R. 3289 ....

. 102-6

S. 295 .

. 102-7

H.R. 454 .

. 102-9

H.R. 3336 ....

. 102-20

H.R. 478 .

. 102-10

H.R. 5164 ....

. 102-15

S. 992 .

H.R. 712 .

H.R. 1101 .... H.R. 1917 ....

. 102-11

. 102-13

. 102-3

H.R. 5749 .... H.R. 5923 .... H.R. 5998 ....

. 102-16

. 102-17

. 102-18

S. 1181 .

. 102-19

XX111

LIST OF PRIVATE LAWS

CONTAINED IN THIS VOLUME

PRIVATE LAW

102-3 .

102-4 .

102-5 .

102-6 .

102-7 .

102-8 .

102-9 .

102-10 .

102-11 .

102-12 .

102-13 .

102-14 .

102-15 .

102-16 .

102-17 .

102-18 .

102-19 .

102-20 .

For the relief of Michael Wu .

To provide for the reimbursement of certain travel and re¬ location expenses under title 5, United States Code, for Jane E. Denne of Henderson, Nevada.

For the relief of Trevor Henderson .

For the relief of Carmen Victoria Parini, Felix Juan Parini, and Sergio Manuel Parini.

For the relief of Mary P. Carlton and Lee Alan Tan .

For the relief of Craig A. Klein .

For the relief of Bruce C. Veit .

For the relief of Norman R. Ricks .

For the relief of Patricia A. McNamara .

For the relief of Rodgito Keller .

For the relief of William A. Cassity .

For the relief of William A. Proffitt .

For the relief of Craig B. Sorensen and Nita M. Sorensen

For the relief of Krishanthi Sava Kopp ....: .

For the relief of Anna C. Massari .

For the relief of the Wilkinson County School District, in the State of Mississippi.

For the relief of Christy Carl Hallien of Arlington, Texas For the relief of Florence Adeboyeku .

DATE PAGE

June 15, 1992 .... 5149 Aug. 3, 1992 5149

Aug. 4, 1992 . 5149

Aug. 6, 1992 . 5150

Aug. 7, 1992 . 5150

Sept. 30, 1992 .... 5151 Sept. 30, 1992 .... 5152 Sept. 30, 1992 .... 5152 Sept. 30, 1992 .... 5153

Oct. 23, 1992 . 5153

Oct. 23, 1992 . 5154

Oct. 23, 1992 . 5155

Oct. 23, 1992 . 5156

Oct. 23, 1992 . 5157

Oct. 24, 1992 . 5157

XXV

LIST OF CONCURRENT RESOLUTIONS

CONCURRENT

RESOLUTION

H. Con. Res. 267 . H. Con. Res. 206 .

H. Con. Res. 268 . H. Con. Res. 239 . S. Con. Res. 109 ..

S. Con. Res. 116 .. S. Con. Res. Ill ..

H. Con. Res. 287 . H. Con. Res. 323 .

S. Con. Res. 123 ..

H. Con. Res. 299 . H. Con. Res. 331 .

S. Con. Res. 113 .. S. Con. Res. 102 ..

S. Con. Res. 103 ..

H. Con. Res. 156 . H. Con. Res. 328 .

H. Con. Res. 343 .

S. Con. Res. 129 .. S. Con. Res. 131 ..

H. Con. Res. 192 .

S. Con. Res. 132 .. H. Con. Res. 355 .

S. Con. Res. 81 .... S. Con. Res. 135 ..

S. Con. Res. 112 ..

S. Con. Res. 127 ... H. Con. Res. 366 . S. Con. Res. 138 ...

CONTAINED IN THIS VOLUME

. Joint session .

. “The Constitution of the United States of America” pamphlet — House print.

. Enrollment corrections — H.R. 3866 .

. Lithuania — Independence day celebration .

. Adjournment — Senate and House of Representa¬ tives.

. Enrollment corrections — S. 838 .

. Special Olympics Torch Relay — Capitol grounds authorization.

. Federal Budget — Fiscal years 1993-1997 .

. Adjournment — House of Representatives and Sen¬ ate.

. National Aeronautics and Space Administration exhibit — Capitol grounds authorization.

. Iraq — Kurdish refugee assistance .

. Soap Box Derby Races — Capitol grounds author¬ ization.

. Jerusalem reunification — Twenty-fifth anniversary . Joint Congressional Committee on Inaugural Cere¬ monies.

. Presidential inauguration ceremonies — Capitol ro¬ tunda authorization.

. Baha’i faith — Iranian persecution .

. “Year of the American Indian, 1992: Congressional Recognition and Appreciation” book — House print. . Adjournment — House of Representatives and Sen¬ ate.

. Syria — Withdrawal from Lebanon .

. Adjournment — Senate and House of Representa¬ tives.

,. Joint Committee on the Organization of the Con¬ gress.

. Somalia — Humanitarian relief .

,. Israel — Elections and Prime Minister Yitzhak Rabin.

.. Visionary art — American Visionary Art Museum ... ,. Adjournment — Senate and House of Representa¬ tives.

,. “A Manual of Parliamentary Practice for the Use of the Senate of the United States” book — Senate print.

.. Women’s soccer — 1996 Olympic games .

.. Enrollment corrections — H.R. 3379 .

.. Enrollment corrections — H.R. 2042 .

DATE

Jan. 28, 1992 .

Feb. 6, 1992 .

Feb. 19, 1992 .

Mar. 3, 1992 .

Apr. 9, 1992 .

May 13, 1992 .... May 14, 1992 ....

May 21, 1992 .... May 21, 1992 ....

May 28, 1992 ....

June 11, 1992 .... June 18, 1992 ....

June 18, 1992 .... June 29, 1992 ....

June 29, 1992 ....

July 2, 1992 .

July 9, 1992 .

July 31, 1992 ....

Aug. 6, 1992 .

Aug. 10, 1992 .... Aug. 12, 1992 ....

Aug. 12, 1992 .... Aug. 12, 1992 ....

Sept. 29, 1992 ...

Oct. 1, 1992 .

Oct. 2, 1992 .

xxvii

PAGE

5161

5162

5163

5164

5165

5189

5190

5191

5192

5193

5194

5195

5196

5199

5200

5201

5202

5203

5204

xxviii

CONCURRENT

RESOLUTION

H. Con. Res. 302 .. H. Con. Res. 371 .. H. Con. Res. 376 ..

S. Con. Res. 140 ... H. Con. Res. 383 .. H. Con. Res. 367 ..

H. Con. Res. 370 .. H. Con. Res. 379 .. H. Con. Res. 382 .. H. Con. Res. 384 ..

LIST OF CONCURRENT RESOLUTIONS

. U.S. communities — Hunger-free status .

. Enrollment corrections — H.R. 6482 .

. Official duplicates of bills and resolutions — House of Representatives and Senate.

. Sudan — Human rights violations .

. Cascadia Corridor Commission — U.S. participation . “Native Voices: 500 Years After” program — Capitol grounds authorization.

. Somalia — Humanitarian and peacekeeping mission

. Enrollment corrections — H.R. 5006 .

. Enrollment corrections — H.R. 429 .

. Adjournment — House of Representatives and Sen¬ ate.

DATE

PAGE

Oct. 5, 1992 ...

... 5204

Oct. 5, 1992 ...

... 5205

Oct. 5, 1992 ...

... 5207

Oct. 6, 1992 ...

... 5207

Oct. 7, 1992 ...

... 5208

Oct. 8, 1992 ...

... 5209

Oct. 8, 1992 ...

... 5210

Oct. 8, 1992 ...

... 5211

Oct. 8, 1992 ...

... 5214

Oct. 8, 1992 ...

... 5215

LIST OF PROCLAMATIONS

CONTAINED IN THIS VOLUME

PROCLAMATION

6399 .

6400 .

6401 .

6402 .

6403 .

6404 .

6405 .

6406 .

6407 .

6408 .

6409 .

6410 .

6411 .

6412 .

6413 .

6414 .

6415 .

6416 .

6417 .

6418 .

6419 .

6420

6421

6422

6423

6424

6425

6426

6427

6428

6429

6430

6431

6432

6433

Year of the Gulf of Mexico, 1992 .

Women’s History Month, 1992 .

Martin Luther King, Jr., Federal Holiday, 1992 .

To Amend the Generalized System of Preferences .

American Heart Month, 1992 .

National Visiting Nurse Associations Week, 1992 .

Save Your Vision Week, 1992 .

American Red Cross Month, 1992 .

Year of the American Indian, 1992 .

Irish-American Heritage Month, 1992 .

National Day of Prayer, 1992 .

Girl Scouts of the United States of America 80th Anni¬ versary Day.

To Amend the Generalized System of Preferences .

National Women in Agriculture Day, 1992 .

Extending United States Copyright Protections to the Works of the People’s Republic of China.

National Public Safety Telecommunicators Week, 1992

National Safe Boating Week, 1992 .

Cancer Control Month, 1992 .

Greek Independence Day: A National Day of Celebra¬ tion of Greek and American Democracy, 1992.

National Volunteer Week, 1992 .

To Extend Nondiscriminatory Treatment (Most-Fa¬ vored-Nation Treatment) to the Czech and Slovak Federal Republic and the Republic of Hungary.

National Recycling Day, 1992 .

Education and Sharing Day, U.S.A., 1992 .

Pan American Day and Pan American Week, 1992 .

National Farm Safety Week, 1992 .

Loyalty Day, 1992 .

To Amend the Generalized System of Preferences .

National Amyotrophic Lateral Sclerosis Awareness Month, 1992.

Law and Order in the City and County of Los Angeles, and Other Districts of California.

To Implement Duty Reductions for Certain Products of Beneficiary Countries Under the Caribbean Basin Economic Recovery Expansion Act of 1990.

Law Day, U.S.A., 1992 .

Mother’s Day, 1992 .

Public Service Recognition Week, 1992 .

Infant Mortality Awareness Day, 1992 .

National Trauma Awareness Month, 1992 .

DATE PAGE

Jan. 10, 1992 . 5219

Jan. 16, 1992 . 5220

Jan. 17, 1992 . 5221

Feb. 5, 1992 . 5223

Feb. 14, 1992 . 5224

Feb. 14, 1992 . 5225

Feb. 25, 1992 . 5226

Feb. 26, 1992 . 5227

Mar. 2, 1992 . 5229

Mar. 4, 1992 . 5230

Mar. 5, 1992 . 5231

Mar. 10, 1992 . 5233

Mar. 12, 1992 . 5234

Mar. 17, 1992 . 5235

Mar. 17, 1992 . 5236

Mar. 18, 1992 . 5237

Mar. 20, 1992 . 5238

Mar. 23, 1992 . 5239

Mar. 25, 1992 . 5241

Apr. 8, 1992 . 5242

Apr. 10, 1992 . 5244

Apr. 13, 1992 . 5244

Apr. 14, 1992 . 5246

Apr. 14, 1992 . 5247

Apr. 24, 1992 . 5249

Apr. 28, 1992 . 5250

Apr. 29, 1992 . 5251

May 1, 1992 . 5259

May 1, 1992 . 5261

May 1, 1992 . 5267

May 8, 1992 . 5269

May 8, 1992 . 5270

May 8, 1992 . 5271

May 11, 1992 . 5272

XXIX

XXX

LIST OF PROCLAMATIONS

PROCLAMATION

6434 . National Defense Transportation Day and National

Transportation Week, 1992.

6435 . Small Business Week, 1992 .

6436 . Bicentennial of the New York Stock Exchange, 1992

6437 . Older Americans Month, 1992 .

6438 . National Huntington’s Disease Awareness Month, 1992

6439 . World Trade Week, 1992 .

6440 . National Maritime Day, 1992 .

6441 . National Foster Care Month, 1992 .

6442 . Prayer for Peace Memorial Day, 1992 .

6443 . Week for the National Observance of the 50th Anniver¬

sary of World War II, 1992.

6444 . Flag Day and National Flag Week, 1992 .

6445 . Agreement on Trade Relations Between the United

States of America and the Republic of Albania.

6446 . To Modify Duty-Free Treatment Under the Generalized

System of Preferences.

6447 . To Modify Duty-Free Treatment Under the Generalized

System of Preferences and for Other Purposes.

6448 . Father’s Day, 1992 .

6449 . Agreement on Trade Relations Between the United

States of America and the Republic of Romania.

6450 . Year of Reconciliation Between American Indians and

Non-Indians, 1992.

6451 . . National Scleroderma Awareness Month, 1992 .

6452 . National Spina Bifida Awareness Month, 1992 .

6453 . National Awareness Week for Lifesaving Techniques,

1992.

6454 . National Literacy Day, 1992 .

6455 . To Implement the Andean Trade Preference Act and To

Designate Colombia as a Beneficiary Country and for Other Purposes.

6456 . To Designate Bolivia as a Beneficiary Country for Pur¬

poses of the Andean Trade Preference Act.

6457 . Giant Sequoia in National Forests .

6458 . Captive Nations Week, 1992 . .

6459 . Lyme Disease Awareness Week, 1992 .

6460 . Minority Enterprise Development Week, 1992 .

6461 . Buffalo Soldiers Day, 1992 .

6462 . Helsinki Human Rights Day, 1992 .

6463 . Women’s Equality Day, 1992 .

6464 . 82nd Airborne Division 50th Anniversary Recognition

Day, 1992.

6465 . To Amend the Generalized System of Preferences .

6466 . National D.A.R.E. Day, 1992 .

6467 . National Rehabilitation Week, 1992 .

6468 . National Hispanic Heritage Month, 1992 .

6469 . Childhood Cancer Month, 1992 .

6470 . National Consumers Week, 1992 .

6471 . Commodore John Barry Day, 1992 .

6472 . National Breast Cancer Awareness Month, 1992 .

6473 . Citizenship Day and Constitution Week, 1992 .

6474 . National POW/MIA Recognition Day, 1992 .

6475 . Gold Star Mother’s Day, 1992 .

6476 . National Disability Employment Awareness Month,

1992.

6477 . National Farm-City Week, 1992 .

DATE

PAGE

May 11, 1992 ....

. 5273

May 12, 1992 ....

. 5274

May 15, 1992 ....

. 5275

May 18, 1992 ....

. 5276

May 18, 1992 ....

. 5277

May 18, 1992 ....

. 5278

May 19, 1992 ....

. 5279

May 20, 1992 ....

. 5281

May 21, 1992 ....

.. 5282

June 4, 1992 .

.. 5283

June 10, 1992 ...

.. 5285

June 15, 1992 ...

.. 5286

June 15, 1992 ..

.. 5307

June 15, 1992 ...

.. 5320

June 17, 1992 ..

.. 5326

June 22, 1992 ..

.. 5328

June 23, 1992 ..

.. 5347

June 23, 1992 ..

.. 5348

June 30, 1992 ..

.. 5349

June 30, 1992 ..

.. 5350

July 1, 1992 .

.. 5351

July 2, 1992 .

.. 5352

July 2, 1992 .

.. 5380

July 14, 1992 ...

.. 5381

July 15, 1992 ...

.. 5382

July 20, 1992 ...

.. 5384

July 21, 1992 ...

.. 5385

July 24, 1992 ...

.. 5386

July 28, 1992 ...

.. 5387

Aug. 10, 1992 ...

... 5389

Aug. 12, 1992 ...

... 5390

Aug. 25, 1992 ...

... 5392

Aug. 26, 1992 ...

... 5393

Sept. 1, 1992 ....

... 5394

Sept. 2, 1902 ....

... 5395

Sept. 3, 1992 ....

... 5397

Sept. 4, 1992 ....

... 5398

Sept. 12, 1992 .

... 5399

Sept. 16, 1992 .

... 5400

Sept. 16, 1992 .

... 5402

Sept. 16, 1992 .

... 5403

Sept. 23, 1992 .

... 5404

Sept. 23, 1992 .

... 5405

Sept. 23, 1992 .

... 5407

PROCLAMATION

6478 .

6479 .

6480 .

6481 .

6482 .

6483 .

6484 .

6486 .

6487 .

6488 .

6489 .

6490 .

LIST OF PROCLAMATIONS

Child Health Day, 1992 .

Leif Erikson Day, 1992 .

Fire Prevention Week, 1992 .

White Cane Safety Day, 1992 .

Mental Illness Awareness Week, 1992 .

National School Lunch Week, 1992 .

Columbus Day, 1992 .

National Customer Service Week, 1992 .

General Pulaski Memorial Day, 1992 .

Veterans Day, 1992 .

In Celebration of the 200th Anniversary of the White House.

Energy Awareness Month, 1992 .

National Children’s Day, 1992 .

xxxi

DATE PAGE

Sept. 26, 1992 .... 6408 Sept. 26, 1992 .... 6409 Sept. 26, 1992 .... 5410 Sept. 27, 1992 .... 5411

Oct. 1, 1992 . 5412

Oct. 1, 1992 . 5414

Oct. 1, 1992 . 5415

Oct. 8, 1992 . 5416

Oct. 8, 1992 . 5417

Oct. 8, 1992 . 5418

Oct. 9, 1992 . 5420

Oct. 9, 1992 . 5422

Oct. 9, 1992 . 5423

PUBLIC LAWS

(CONTINUED)

59-194 0-93 - 2 : QL 3 (Pt. 6)

PUBLIC LAW 102-574— OCT. 29, 1992

106 STAT. 4593

Public Law 102-574 102d Congress

An Act

To promote the recovery of Hawaii tropical forests, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the “Hawaii Tropical Forest Recovery Act”.

SEC. 2. HAWAII TROPICAL FOREST RECOVERY.

(a) In General. — The International Forestry Cooperation Act of 1990 (16 U.S.C. 4501 et seq.) is amended —

(1) by redesignating sections 605, 606, and 607 as sections 609, 610, and 611, respectively; and

(2) by inserting after section 604 the following new sections:

“SEC. 605. INSTITUTE OF PACIFIC ISLANDS FORESTRY.

“(a) Expansion. — The Secretary shall expand the capabilities of and construct additional facilities, as funds are appropriated for the expansion and construction, at —

“(1) the Institute of Pacific Islands Forestry; and “(2) tropical forests in the State of Hawaii.

“(b) Tropical Forestry Plan. —

“(1) In general. — Not later than 1 year after the date of receipt by the Secretary of the action plan required by section 5(b) of the Hawaii Tropical Forest Recovery Act, the Secretary shall prepare and submit to the Committee on Agri¬ culture and the Committee on Interior and Insular Affairs of the House of Representatives, the Committee on Agriculture, Nutrition, and Forestry of the Senate, and to the Committees on Appropriations of the House of Representatives and Senate, a tropical forestry plan to expand the capabilities of and con¬ struct additional facilities under subsection (a).

“(2) Elements. — The plan shall provide for —

“(A) the establishment of a model center for research, demonstration, education, training, and outreach activities suitable for transferring scientific, technical, managerial, and administrative assistance to governmental and non¬ governmental organizations seeking to address problems associated with tropical forests within and outside the United States;

“(B) the acquisition or construction of facilities for research, classroom instruction, and housing near an experimental tropical forest in the State of Hawaii;

“(C) the acquisition or construction of facilities for the study and recovery of endangered tropical wildlife, fish, and plant species and the restoration of their habitats;

“(D) the study of biological control of non-native species that degrade or destroy native forest ecosystems;

Oct. 29, 1992 [S. 2679]

Hawaii Tropical Forest Recovery Act.

Conservation.

16 USC 4501 note.

16 USC 4504, 4505.

16 USC 4503a.

106 STAT. 4594

PUBLIC LAW 102-574— OCT. 29, 1992

16 USC 4503b.

“(E) achieving a better understanding of global climate change and the significance of achieving a reduction of greenhouse gases through research associated with the unique atmospheric conditions found in Hawaii and the Pacific Ocean;

“(F) a review of the extent to which existing Federal forestry programs can be utilized to achieve the purposes of the plan; and

“(G) the establishment of experimental tropical forests in the State of Hawaii as authorized by section 606.

“(3) Capability. — In preparing elements of the plan that address paragraph (2)(F), the Secretary shall identify the capability of the plan —

“(A) to promote a greater understanding of tropical forest ecosystem processes, conservation biology, and biodiversity management;

“(B) to demonstrate the various benefits of maintaining a tropical forest reserve system;

“(C) to promote sound watershed and forest manage¬ ment;

“(D) to develop compatible land uses adjacent to pro¬ tected natural areas; and

“(E) to develop new methods of reclaiming and restor¬ ing degraded lands.

“SEC. 606. HAWAII EXPERIMENTAL TROPICAL FOREST.

“(a) Definitions.— As used in this section:

“(1) Forest. — The term ‘Forest’ means the Hawaii Experi¬ mental Tropical Forest.

“(2) Governor. — The term ‘Governor’ means the Governor of Hawaii.

“(3) Lands. — The term ‘lands’ means lands, waters, and interests in lands and waters.

“(4) State. — The term ‘State’ means the State of Hawaii. “(b) Establishment and Management.— At the request of the Governor, the Secretary shall establish and administer within the State a Hawaii Experimental Tropical Forest. The Forest shall be managed as —

“(1) a model of quality tropical forest management where harvesting on a sustainable yield basis can be demonstrated in balance with natural resource conservation;

“(2) a site for research on tropical forestry, conservation biology, and natural resource management; and

“(3) a center for demonstration, education, training, and outreach on tropical forestry, conservation biology, and natural resources research and management.

“(c) Delineation of the Location of the Forest —

“(1) Identification of lands.— The Governor and the Sec¬ retary shall identify one or more suitable sites for the Forest in lands within the State. The identification of each site shall be based on scientific, ecological, administrative, and such other factors as the Governor and Secretary consider to be necessary or desirable to achieve the purposes of this section. Each site identified pursuant to the preceding sentence shall be of suffi¬ cient size and located so that the site can be effectively managed for Forest purposes.

X U XfJJlV UATT iV4<"UI

ivu uxni* wi/u

“(2) Exterior boundaries. — The exterior boundaries of the Forest, including the boundaries of sill sites identified for Forest purposes, shall be delineated on an official map. The map shall be available for public inspection in the office of the Administrator of the Division of Forestry and Wildlife of the Department of Land and Natural Resources of the State. The Governor and the Secretary may from time to time, by mutual agreement, amend the official map to modify the boundaries of the Forest.

“(d) Authorities of the Secretary —

“(1) In general. — To carry out the purposes of this section, the Secretary is authorized —

“(A) to administer the Forest in cooperation with the Governor and affected State agencies;

“(B) to make grants and enter into contracts and cooperative agreements with the Federal Government, the government of the State, local governments, corporations, nonprofit organizations and individuals;

“(C) to exercise existing authority with respect to cooperative forestry and research for Forest purposes; and “(D) to issue necessary rules and regulations or apply existing rules and regulations applicable to areas adminis¬ tered by the Forest Service that are necessary or desirable to administer the Forest —

“(i) for the purposes described in subsection (b); “(ii) to protect persons within the Forest; and “(iii) to preserve and protect the resources in the Forest.

“(2) Land acquisition. — The authority in section 4 of the Forest and Rangeland Renewable Resources Research Act of 1978 (16 U.S.C. 1643) shall be available to the Secretary to carry out this section.

“(3) Statutory construction.— Nothing in this section is intended to affect the jurisdiction of the State, both civil and criminal, over any person within the Forest by reason of the establishment of the Forest under this section, except in the case of a penalty for an offense against the United States.

“SEC. 607. ANNUAL REPORT ON INSTITUTES OF TROPICAL FORESTRY.

“The Secretary shall make annual reports to Congress on the progress, needs, and long-range plans of the Institutes of Tropical Forestry in meeting the requirements of section 2407 of the Global Climate Change Prevention Act of 1990 (7 U.S.C. 6706). Such reports shall be submitted by the Secretary pursuant to section 8(c) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1606(c)).

“SEC. 608. DEFINITIONS.

“As used in this title (unless the context otherwise requires):

“(1) Institutes of tropical forestry.— The term ‘Institutes of Tropical Forestry means the Institute of Tropical Forestry in Puerto Rico and the Institute of Pacific Islands Forestry established under section 2407 of the Food, Agri¬ culture, Conservation, and Trade Act of 1990 (7 U.S.C. 6706).

“(2) Secretary. — The term ‘Secretary means the Secretary of Agriculture.

Public

information.

16 USC 4503c.

16 USC 4503d.

106 STAT. 4596

PUBLIC LAW 102-574— OCT. 29, 1992

16 USC 4502a.

“(3) State. — The term ‘State’ means each of the 50 Stal Guam, American Samoa, the Republic of Palau (until the C( pact of Free Association enters into effect), Puerto Rico, Virgin Islands, and the Commonwealth of the Northern Mi ana Islands.”.

(b) Conforming Amendments. —

(1) Section 602(b) of the International Forestry Cooperat Act of 1990 (16 U.S.C. 4501(b)) is amended by striking “(hen after referred to in this title as the Secretary)”.

(2) The heading of section 604 of such Act (16 U.S 4503) is amended to read as follows:

“SEC. 604. INSTITUTE OF TROPICAL FORESTRY IN PUERTO RICO.”.

SEC. 3. TROPICAL FORESTRY RESEARCH AND ASSISTANCE.

(a) Assistance. — To promote sound management and c servation of tropical forests of the United States and to proa the development and transfer of technical, managerial, educatioj and administrative skills to managers of tropical forests wit or outside the United States, the Secretary of Agriculture is autl ized to provide assistance through the Forest Service to elig] entities in States with tropical forests to —

(1) develop, promote, and demonstrate sustainable harv< ing of native woods and other forest products on a sustains yield basis in balance with natural resource conservation;

(2) promote habitat preservation and species protect or recovery;

(3) protect indigenous plant and animal species and ess tial watersheds from non-native animals, plants, and pat gens;

(4) establish biological control agents for non-native spe< that threaten natural ecosystems;

(5) establish a monitoring system in tropical forests identify baseline conditions and determine detrimental chan or improvements over time;

(6) detect and appraise stresses affecting tropical for< caused by insect infestations, diseases, pollution, fire, and e native animal and plant species, and by the influence of peo

(7) determine the causes of changes that are detec through experimentation, intensive monitoring, and data col tion at affected tropical forest sites; and

(8) engage in research, demonstration, education, train and outreach that furthers the objectives of this subsect

(b) Form of Assistance. — Assistance provided to eligible e ties under this section may be in the form of grants, contra or cooperative agreements.

(1) Eligible entity. — The term “eligible entity” mear State forester or equivalent State official, State, political s division of a State, Federal agency, private organization, poration, or other private person.

(2) State. — The term “State” means each of the 50 Sta Guam, American Samoa, the Republic of Palau (until the C pact of Free Association enters into effect), Puerto Rico, Virgin Islands, and the Commonwealth of the Northern M ana Islands.

PUBLIC LAW 102-574— OCT. 29, 1992

106 STAT. 4597

SEC. 4. HAWAII TROPICAL FOREST RECOVERY TASK FORCE.

(a) Establishment. — There is established the Hawaii Tropical Forest Recovery Task Force (hereafter in this section referred to as the “Task Force”) to advise the Secretary of Agriculture with respect to tropical forests and related ecosystems in the State of Hawaii.

(b) Action Plan. — Not later than 1 year after the date of the first meeting of the Task Force, the Task Force shall submit to the Committees, Secretaries, and Governor referred to in sub¬ section (k) an action plan that contains findings and rec¬ ommendations for rejuvenating Hawaii’s tropical forests, including findings and recommendations on —

(1) methods of restoring the health of declining or degraded tropical forest land;

(2) compatible uses within tropical forests, particularly agroforestry and the cultivation of scarce or valuable hardwoods and other forest products in Hawaii’s tropical forests;

(3) actions to encourage and accelerate the identification and classification of unidentified plant, animal, and microbe species;

(4) actions to —

(A) promote public awareness of tropical forest preservation;

(B) protect threatened and endangered species;

(D) promote public awareness of the harm caused by introduced species;

(5) the benefits of fencing or other management activities for the protection of Hawaii’s native plants and animals from non-native species, including the identification and priorities for the areas where these activities are appropriate;

(6) traditional practices, uses, and needs of native Hawai- ians in tropical forests;

(7) means of improving the health of tropical forests and related ecosystems in the State of Hawaii through programs administered by the Secretary of Agriculture and the Secretary of the Interior;

(8) the capability of existing Federal, State, and private forestry programs for rejuvenating Hawaii’s tropical forests; and

(9) such other issues relating to tropical forests in Hawaii as the Task Force considers appropriate.

(1) three members shall be appointed by the Secretary of Agriculture, two of whom shall be representatives of the Forest Service and the Soil Conservation Service, respectively;

(2) two members shall be appointed by the Secretary of the interior as representatives of the United States Fish and Wildlife Service and the National Park Service, respectively;

(3) six members shall be appointed by the Governor of Hawaii, of whom —

(A) two members shall be private owners of tropical forest lands;

(B) two members shall be experts in the field of tropical forestry; and

16 USC 4503a.

106 STAT. 4598

PUBLIC LAW 102-574— OCT. 29, 1992

(C) two members shall be representatives of Hawaii conservation organizations that have demonstrated exper¬ tise in the areas of tropical forest management, habitat preservation, and alien species control or have dem¬ onstrated effective advocacy in the areas; and (4) one member shall be the Administrator of the Depart¬ ment of Land and Natural Resources, State of Hawaii, or the designated representative of the Administrator.

(d) Initial Appointments. — Appointments under this section to the Task Force shall be made not later than 90 days after the date of enactment of this Act.

(e) Chairperson. — The Task Force shall select a Chairperson from among its members.

(f) Vacancies. — A vacancy on the Task Force shall not affect its powers and shall be filled in the same manner as the original appointment.

(g) Compensation.—

(1) In GENERAL. — A member of the Task Force shall not receive compensation as a result of the performance of services for the Task Force.

(2) Travel expenses.— The members of the Task Force shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Task Force.

(h) Meetings. — The Task Force shall meet not later than 180 days after the date of enactment of this Act and shall meet at the call of the Chairperson.

(i) Voting. — The Task Force shall act and advise by majority vote.

(j) Assistance. — The Secretary of Agriculture and the Secretary of the Interior shall provide such assistance and support as are necessary to meet the objectives of the Task Force. The assistance shall include making Federal facilities, equipment, tools, and tech¬ nical assistance available on such terms and conditions as the appropriate Secretary considers necessary.

(k) Report. — The action plan required under subsection (b) shall be submitted to —

(1) the Committees on Agriculture and Interior of the House of Representatives;

(2) the Committees on Agriculture, Nutrition, and Forestry and Energy and Natural Resources of the Senate;

(3) the Secretary of Agriculture;

(4) the Secretary of the Interior; and

(5) the Governor of Hawaii.

(l) Nonapplicability of Certain Provisions of Law.— Sec¬ tions 7(d), 10(f), and 14 of the Federal Advisory Committee Act (5 U.S.C. App. 2) shall not apply to the Task Force.

this section shall terminate 180 days after submitting the report required by subsection (b).

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be a

necessary to carry out sections 3 an

appropriated

such sums as are

16 USC 4502a note.

Approved October 29, 1992.

LEGISLATIVE HISTORY— S. 2679:

CONGRESSIONAL RECORD, Vol. 138 (1992):

Sept. 30, considered and passed Senate.

Oct. 2, considered and passed House.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 28 (1992): Oct. 29, Presidential statement.

lUb ST AT. 4bUU

FUJBLMJ LAW lUZ-t>7t>— UUT. 3U, LWZ

Public Law 102-575 102d Congress

An Act

Oct. 30, 1992 To authorize additional appropriations for the construction of the Buffalo Bill Da [H.R. 429] Reservoir, Shoshone Project, Pick-Sloan Missouri Basin Program, Wyoming.

Reclamation Projects Authorization and Adjustment Act of 1992. Conservation.

43 USC 371 note.

Be it enacted by the Senate and House of Representatives < the United States of America in Congress assembled,

SECTION I. SHORT TITLE.

This Act may be cited as the “Reclamation Projects Authorize tion and Adjustment Act of 1992”.

SEC. 2. DEFINITION AND TABLE OF CONTENTS.

For purposes of this Act, the term “Secretary” means the Se retary of the Interior.

TABLE OF CONTENTS

Sec. 1. Short title.

Sec. 2. Definition and table of contents.

TITLE I— BUFFALO BILL DAM AND RESERVOIR, WYOMING Sec. 101. Additional authorization of appropriations.

TITLE II— CENTRAL UTAH PROJECT CONSTRUCTION Sec. 200. Short title and definitions for titles II-VI.

Sec. 201. Authorization of additional amounts for the Colorado River Stora Project.

Sec. 202. Bonneville Unit water development.

Sec. 203. Uinta Basin Replacement Project.

Sec. 204. Non-Federal contribution.

Sec. 205. Definite Plan Report and environmental compliance.

Sec. 206. Local development in lieu of irrigation and drainage.

Sec. 207. Water management improvement.

Sec. 208. Limitation on hydropower operations.

Sec. 209. Operating agreements.

Sec. 210. Jordan Aqueduct prepayment

Sec. 211. Audit of Central Utah Project cost allocations.

Sec. 212. Surplus crops.

TITLE HI— FISH, WILDLIFE, AND RECREATION MITIGATION AND CONSERVATION

Sec. 301. Utah Reclamation Mitigation and Conservation Commission.

Sec. 302. Increased project water capability.

Sec. 303. Stream flows.

Sec. 304. Fish, wildlife, and recreation projects identified or proposed in the li Definite Plan Report for the Central Utah Project.

Sec. 305. Wildlife landB and improvements.

Sec. 306. Wetlands acquisition, rehabilitation, and enhancement.

Sec. 307. Fisheries acquisition, rehabilitation, and enhancement.

Sec. 308. Stabilization of high mountain lakes in the Uinta mountains.

Sec. 309. Stream access and riparian habitat development.

Sec. 310. Section 8 expenses.

Sec. 311. Jordan and Provo River Parkways and natural areas.

Sec. 312. Recreation.

Sec. 313. Fish and wildlife features in the Colorado River Storage Project.

Sec. 314. Concurrent mitigation appropriations. .

Sec. 315. Fish, wildlife, and recreation schedule. /

PUBLIC LAW 102-575— OCT. 30, 1992

106 STAT. 4601

TITLE IV— UTAH RECLAMATION MITIGATION AND CONSERVATION

ACCOUNT

Sec. 401. Findings and purpose.

Sec. 402. Utah Reclamation Mitigation and Conservation Account.

TITLE V— UTE INDIAN RIGHTS SETTLEMENT Sec. 501. Findings.

Sec. 502. Provisions for payment to the Ute Indian Tribe.

Sec. 503. Tribal use of water.

Sec. 504. Tribal farming operations.

Sec. 505. Reservoirs, stream, habitat, and road improvements with respect to the Ute Indian Reservation.

Sec. 506. Tribal development funds.

Sec. 507. Waiver of claims.

TITLE VI— ENDANGERED SPECIES ACT AND NATIONAL ENVIRONMENTAL

POLICY ACT

TITLE VII— LEAD VILLE MINE DRAINAGE TUNNEL, COLORADO

Sec. 701. Authorization.

Sec. 702. Costs nonreimbursable.

Sec. 703. Operation and maintenance.

Sec. 704. Appropriations authorized.

Sec. 705. Limitation.

Sec. 706. Design and operation notification.

Sec. 707. Fish and wildlife restoration.

Sec. 708. Water quality restoration.

TITLE VIII— LAKE MEREDITH SALINITY CONTROL PROJECT, TEXAS AND

NEW MEXICO

Sec. 801. Authorization to construct and test.

Sec. 802. Construction contract with the Canadian River Municipal Water Authority.

Sec. 803. Project costs.

Sec. 804. Construction and control.

Sec. 805. Transfer of title.

Sec. 806. Authorization.

TITLE DC— CEDAR BLUFF UNIT, KANSAS

Sec. 901. Authorization.

Sec. 902. Contract.

Sec. 903. Contract.

Sec. 904. Transfer of district headquarters.

Sec. 905. Liability and indemnification.

Sec. 906. Additional actions.

TITLE X— SOUTH DAKOTA WATER PLANNING STUDIES Sec. 1001. Authorization for South Dakota water planning studies.

TITLE XI— S ALTON SEA RESEARCH PROJECT, CALIFORNIA Sec. 1101. Research project.

TITLE XII— AMENDMENT TO SABINE RIVER COMPACT

Sec. 1201. Consent to amendment to Sabine River compact.

Sec. 1202. Compact described.

Sec. 1203. Amendment.

TITLE XIII— SALT-GILA AQUEDUCT, ARIZONA

Sec. 1301. Designation.

Sec. 1302. References.

TITLE XIV— VERMEJO PROJECT RELIEF, NEW MEXICO

TITLE XV— SAN LUIS VALLEY PROTECTION, COLORADO

Sec. 1501. Permit issuance prohibited.

Sec. 1502. Judicial review.

Sec. 1503. Costs.

Sec. 1504. Disclaimers.

TITLE XVI— RECLAMATION WASTEWATER AND GROUND WATER STUDIES

Sec. 1604. Feasibility studies.

Sec. 1605. Research and demonstration projects.

Sec. 1606. Southern California comprehensive water reclamation and reuse study. Sec. 1607. San Jose area water reclamation and reuse program.

Sec. 1608. Phoenix metropolitan water reclamation study and program.

Sec. 1609. Tucson area water reclamation study.

Sec. 1610. Lake Cheraw water reclamation ana reuse study.

Sec. 1611. San Francisco area water reclamation study.

Sec. 1612. San Diego area water reclamation program.

Sec. 1613. Los Angeles area water reclamation and reuse project.

Sec. 1614. San Gabriel Basin demonstration project.

Sec. 1615. Authorization of appropriations.

Sec. 1616. Ground water study.

Sec. 1617. Authorization of appropriations.

TITLE XVII— IRRIGATION ON STANDING ROCK INDIAN RESERVATION,

NORTH DAKOTA

Sec. 1701. Irrigation on Standing Rock Indian Reservation.

TITLE XVIII— GRAND CANYON PROTECTION Sec. 1801. Short title.

Sec. 1802. Protection of Grand Canyon National Park.

Sec. 1803. Interim protection of Grand Canyon National Park.

Sec. 1804. Glen Canyon Dam environmental impact statement; long-term operation of Glen Canyon Dam.

Sec. 1805. Long-term monitoring.

Sec. 1806. Rules of construction.

Sec. 1807. Studies nonreimbursable.

Sec. 1808. Authorization of appropriations.

Sec. 1809. Replacement power.

TITLE XIX— MID-DAKOTA RURAL WATER SYSTEM

Sec. 1901. Short title.

Sec. 1902. Definitions.

Sec. 1903. Federal assistance for rural water system.

Sec. 1904. Federal assistance for wetland development and enhancement.

Sec. 1905. Water conservation.

Sec. 1906. Mitigation of fish and wildlife losses.

Sec. 1907. Use of Pick-Sloan power.

Sec. 1908. Rule of construction.

Sec. 1909. Water rights.

Sec. 1910. Use of government facilities.

Sec. 1911. Authorization of appropriations.

TITLE XX— LAKE ANDES-WAGNER/MARTY II, SOUTH DAKOTA

Sec. 2001. Short title.

Sec. 2002. Demonstration program.

Sec. 2003. Planning reports — environmental impact statements.

Sec. 2004. Authorization of the Lake Andes-Wagner Unit and the Marty II Unit, South Dakota.

Sec. 2005. Conditions.

Sec. 2006. Indian employment.

Sec. 2007. Federal reclamation laws govern.

Sec. 2008. Cost sharing.

Sec. 2009. Authorization of appropriations.

Sec. 2010. Indian water rights.

TITLE XXI— RIO GRANDE FLOODWAY, SAN ACACIA TO BOSQUE DEL APACHE UNIT, NEW MEXICO Sec. 2101. Clarification of cost-share requirements.

TITLE XXII— SUNNYSIDE VALLEY IRRIGATION DISTRICT, WASHINGTON Sec. 2201. Conveyance to Sunnyside Valley Irrigation District.

TITLE XXIII— PLATORO RESERVOIR AND DAM, SAN LUIS VALLEY PROJECT,

COLORADO

Sec. 2301. Findings and declarations.

PUBLIC LAW 102-575— OCT. 30, 1992

106 STAT. 4603

Sec. 2302. Transfer of operation and maintenance responsibility of Platoro Res¬ ervoir.

Sec. 2303. Definitions.

TITLE XXIV— REDWOOD COUNTY WATER DISTRICT, CALIFORNIA

Sec. 2401. Sale of Bureau of Reclamation loans.

Sec. 2402. Savings provisions.

Sec. 2403. Fees ana expenses of program.

Sec. 2404. Termination of authority.

TITLE XXV— UNITED WATER CONSERVATION DISTRICT, CALIFORNIA

Sec. 2501. Sale of the Freeman Diversion Improvement Project loan.

Sec. 2502. Termination and conveyance of rights.

Sec. 2503. Termination of authority.

TITLE XXVI— HIGH PLAINS GROUNDWATER PROGRAM Sec. 2601. High Plains States Groundwater Demonstration Program Act.

TITLE XXVII— MONTANA IRRIGATION PROJECTS Sec. 2701. Pick-Sloan project pumping power.

TITLE XXVIII— RECLAMATION RECREATION MANAGEMENT ACT

Sec. 2801. Short title.

Sec. 2802. Findings.

Sec. 2803. Definitions.

Sec. 2804. Amendments to the Federal Water Project Recreation Act.

Sec. 2805. Management of reclamation lands.

Sec. 2806. Protection of authorized purposes of reclamation projects.

TITLE XXIX— SAN JUAN SUBURBAN WATER DISTRICT, CENTRAL VALLEY PROJECT, CALIFORNIA

Sec. 2901. Repayment of water pumps, San Juan Suburban Water District, Central Valley Project, California.

TITLE XXX— WESTERN WATER POLICY REVIEW

Sec. 3001. Short title.

Sec. 3002. Congressional findings.

Sec. 3003. Presidential review.

Sec. 3004. The Advisory Commission.

Sec. 3005. Duties of the Commission.

Sec. 3006. Representatives.

Sec. 3007. Powers of the Commission.

Sec. 3008. Powers and duties of the Chairman.

Sec. 3009. Other Federal agencies.

Sec. 3010. Appropriations.

TITLE XXXI— MOUNTAIN PARK MASTER CONSERVANCY DISTRICT,

OKLAHOMA

Sec. 3101. Payment by Mountain Park Master Conservancy District.

Sec. 3102. Reschedule of repayment obligation.

TITLE XXXII— SOUTH DAKOTA PRESERVATION AND RESTORATION TRUST Subpart A — Biological Diversity Trust Sec. 3201. South Dakota biological diversity trust.

Subpart B — Wetland Habitat Restoration Program

Sec. 3202. Definitions.

Sec. 3203. Wetland trust.

Sec. 3204. Authorization of appropriations.

TITLE XXXIII— ELEPHANT BUTTE IRRIGATION DISTRICT, NEW MEXICO

Sec. 3301. Transfer.

Sec. 3302. Limitation.

Sec. 3303. Effect of Act on other laws.

TITLE XXXIV— CENTRAL VALLEY PROJECT IMPROVEMENT ACT

Sec. 3401. Short title.

Sec. 3402. Purposes.

Sec. 3403. Definitions.

Sec. 3404. Limitation on contracting and contract reform.

Sec. 3405. Water transfers, improved water management and conservation.

Sec. 3406. fish, wildlife and habitat restoration.

Sec. 3407. Restoration fund.

Sec. 3408. Additional authorities.

Sec. 3409. Environmental review.

Sec. 3410. Authorization of appropriations.

Sec. 3411. Compliance with State water law and coordinated operations agreement. Sec. 3412. Extension of the Tehama-Coluaa Canal service area.

TITLE XXXV— THREE AFFILIATED TRIBES AND STANDING ROCK SIOUX TRIBE EQUITABLE COMPENSATION PROGRAM, NORTH DAKOTA

Sec. 3501. Short title.

Sec. 3502. Definitions.

Sec. 3503. Findings; Declarations.

Sec. 3504. Funds.

Sec. 3505. Eligibility for other services not affected.

Sec. 3506. Per capita payments prohibited.

Sec. 3507. Standing Rock Sioux Indian Reservation.

Sec. 3508. Transfer of lands.

Sec. 3509. Transfer of lands at the Ohae Dam and Lake project.

Sec. 3510. Conforming amendment.

Sec. 3511. Authorization.

TITLE XXXVI— SONOMA BAYLANDS WETLAND DEMONSTRATION PROJECT,

CALIFORNIA

Sec. 3601. Sonoma Baylands wetland demonstration project.

TITLE XXXVII— SAN CARLOS APACHE TRIBE WATER RIGHTS SETTLEMENT,

ARIZONA

Sec. 3701. Short title.

Sec. 3702. Congressional findings.

Sec. 3703. Definitions.

Sec. 3704. Water.

Sec. 3705. Ratification and confirmation of contracts.

Sec. 3706. Water delivery contract amendments; water lease, water withdrawal. Sec. 3707. Construction and rehabilitation; trust fund.

Sec. 3708. Satisfaction of claims.

Sec. 3709. Environmental compliance.

Sec. 3710. Miscellaneous provisions.

Sec. 3711. Effective date.

TITLE XXXVIII— SAN FRANCISCO WATER RECLAMATION AND REUSE DEMONSTRATION PROJECT ACT

TITLE XXXIX— SIPHON REPAIR AND REPLACEMENT

TITLE XL— NATIONAL HISTORIC PRESERVATION ACT AMENDMENTS

Sec. 4001. Short title.

Sec. 4002. Policy.

Sec. 4003. Review of threats to properties.

Sec. 4004. State historic preservation programs.

Sec. 4005. Certification of local governments.

Sec. 4006. Tribal historic preservation programs.

Sec. 4007. Matching grants.

Sec. 4008. Education and training.

Sec. 4009. Requirements for awarding of grants.

Sec. 4010. Apportionment of grant funds.

Sec. 4011. Extension of authorization for historic preservation fund.

Sec. 4012. Federal agency historic preservation programs.

Sec. 4013. Lease or exchange of Federal housing properties.

Sec. 4014. Professional standards.

Sec. 4015. Interstate and international traffic in antiquities.

Sec. 4016. Membership of advisory council on historic preservation.

Sec. 4017. Authorization of appropriations for advisory council on historic preserva¬ tion.

Sec. 4018. Advisory council regulations.

Sec. 4019. Definitions.

Sec. 4020. Access to information.

PUBLIC LAW 102-575— OCT. 30, 1992

106 STAT. 4605

Sec. 4021. Recommendations.

Sec. 4022. National center for preservation technology and training.

Sec. 4023. 'Requirement for specific authorization for projects under the Historic ' Sites, Buildings, and Antiquities Act.

TITLE I— BUFFALO BILL DAM A^TD RESERVOIR, WYOMING

SEC. 101. ADDITIONAL AUTHORIZATION OF APPROPRIATIONS.

Title I of Public Law: 97-293 (96 Stat. 1261) is amended as follows:

(a) In the second sentence of section 101, by striking “replacing the existing Shoshone Powerplant,” and inserting “constructing power generating facilities with a total installed capacity of 25.5 megawatts,”

(b) In section 102, amend the heading to read “recreational facilities, conservation, and fish and wildlife”, and add at the end “The construction of recreational facilities in excess of the amount required to replace or relocate existing facilities is authorized, and the costs of such construction shall be borne equally by the United States and the State of Wyoming pursuant to the Federal Water Project Recreation Act.”.

(c) In section 106(a), strike “for construction of the Buffalo Bill Dam and Reservoir modifications the sum of $106,700,000 (October 1982 price levels)” and insert “for the Federal share of the construction of the Buffalo Bill Dam and Reservoir modifications and recreational facilities the sum of $80,000,000 (October 1988 price levels)”, and strike “modifications” and all that follows and insert “modifications.” in lieu thereof.

(d) There are authorized to be appropriated such sums as may be required due to increased costs of construction attributable to delays in enactment of any additional authorization of appropria¬ tions for the construction of the Buffalo Bill Dam and Reservoir modifications and recreational facilities: Provided, That such addi¬ tional sums shall be nonreimbursable and nonreturnable under the Federal reclamation laws.

TITLE II— CENTRAL UTAH PROJECT CONSTRUCTION SEC. 200. SHORT TITLE AND DEFINITIONS FOR TITLES II-VI.

Central Utah Project Completion Act.

(a) Short Title. — Titles II through VI of this Act may be cited as the “Central Utah Project Completion Act”.

(b) Definitions. — For the purposes of titles II-VI of this Act:

(1) The term “Bureau” means the Bureau of Reclamation of the Department of the Interior.

(2) The term “Commission” means the Utah Reclamation Mitigation and Conservation Commission established by section 301 of this Act.

(3) The term “conservation measure(s)” means actions taken to improve the efficiency of the storage, conveyance, distribution, or use of water, exclusive of dams, reservoirs, or wells.

(4) The term “1988 Definite Plan Report” means the May 1988 Draft Supplement to the Definite Plan Report for the Bonneville Unit of the Central Utah Project.

(5) The term “District” means the Central Utah Water Conservancy District.

43 USC 620k note.

(6) The term “fish and wildlife resources” means all birds, fishes, mammals, and all other classes of wild animals and all types of habitat upon which such fish and wildlife depend.

(7) The term “Interagency Biological Assessment Team” means the team comprised of representatives from the United States Fish and Wildlife Service,' the United States Forest Service, the Bureau of Reclamation, the Utah Division of Wild¬ life Resources, and the District.

(8) The term “administrative expenses”, as used in section 301(i) of this Act, means all expenses necessary for the Commis¬ sion to administer its duties other than the cost of tide contracts or other transactions provided for in section 301(f)(3) for the implementation by public natural resource management agen¬ cies of the mitigation and conservation projects and features authorized in this Act. Such administrative expenses include but are not limited to the costs associated with the Commis¬ sion’s planning, reporting, and public involvement activities, as well as the salaries, travel expenses, office equipment, and other such general administrative expenses authorized, in this Act.

(9) The term “petitioners)” means any person or entity that petitions the District for an allotment of water pursuant to the Utah Water Conservancy Act, Utah Code Ann. Sec. 17A-2-1401 et. seq.

(10) The term “project” means the Central Utah Project.

(11) The term “public involvement” means to request com¬ ment on the scope of and, subsequently, on drafts of proposed actions or plans, affirmatively soliciting comments, in writing or at public hearings, from those persons, agencies, or organiza¬ tions who may be interested or affected.

(12) The term “Secretary” means the Secretary of the Interior.

(13) The term “section 8” means section 8 of the Act of April 11, 1956 (70 Stat. 110; 43 U.S.C. 620g).

(14) The term “State” means the State of Utah, its political subdivisions, or its designee.

(15) The term “Stream Flow Agreement” means the agree¬ ment entered into by the United States through the Secretary of the Interior, the State of Utah, and the Central Utah Water Conservancy District, dated February 27, 1980, as modified by the amendment to such agreement, dated September 13, 1990.

SEC. 201. AUTHORIZATION OF ADDITIONAL AMOUNTS FOR THE COLO¬ RADO RIVER STORAGE PROJECT.

(aXU Increase in CRSP Authorization.— In order to provide for the completion of the Central Utah Project and other features described in this Act, the amount which section 12 of the Act of April 11, 1956 (70 Stat. 110; 43 U.S.C. 620k), authorizes to be appropriated, which was increased by the Act of August 10, 1972 (86 Stat. 525; 43 U.S.C. 620k note) and the Act of October 31, 1988 (102 Stat. 2826), is hereby further increased by $924,206,000 (January 1991) plus or minus such amounts, if any, as may be required by reason of changes in construction costs as indicated by engineering cost indexes applicable to the type of construction involved: Provided, however, That of the amounts authorized to be appropriated by this section, the Secretary

PUBLIC LAW 102-575— OCT. 30, 1992

106 STAT. 4607

s not authorized to obligate or expend amounts in excess of $214,352,000 for the features identified in the Report of the Senate ommittee on Energy and Natural Resources accompanying the bill H.R. 429. This additional sum shall be available solely for esign, engineering, and construction of the facilities identified in title II of this Act and for the planning and implementation f the fish and wildlife and recreation mitigation and conservation rojects and studies authorized in titles III and IV of this Act, nd for the Ute Indian Settlement authorized in title V of this Act.

(2) Application of Inspector General Recommendations.— Notwithstanding any other provision of law to the contrary, the Secretary shall implement all the recommendations contained in he report entitled “Review of the Financial Management of the olorado River Storage Project, Bureau of Reclamation (Report No. 88-45, February 1988)”, prepared by the Inspector General of the Department of the Interior, with respect to the funds author¬ ized to be appropriated in this section.

(b) Utah Reclamation Projects and Features Not To Be Funded. — Notwithstanding the Act of April 11, 1956 (70 Stat. 110;

43 U.S.C. 105), the Act of August 10, 1972 (86 Stat. 525; 43 U.S.C. 620k note), the Act of October 19, 1980 (94 Stat. 2239;

3 U.S.C. 620), and the Act of October 31, 1988 (102 Stat. 2826), funds may not be made available, obligated, or expended for the following Utah reclamation projects and features:

(1) Fish and wildlife features:

(A) The dam in Bjorkman Hollow.

(B) The Deep Creek pumping plant.

(2) Water development projects and features:

(A) Mosida pumping plant, canals, and laterals.

(B) Draining of Benjamin Slough.

(D) Ute Indian Unit.

(E) Leland Bench development.

(F) All features of the Bonneville Unit, Central Utah Project not proposed and described in the 1988 Definite Plan Report.

ounties in which the projects and features described in this sub¬ section were proposed to be located may participate in the local evelopment projects provided for in section 206.

(c) Termination of Authorization of Appropriations.— Not- 43 use 620k withstanding any provision of the Act of April 11, 1956 (70 Stat. note-

110; 43 U.S.C. 620k), the Act of September 2, 1964 (78 Stat.

852), the Act of September 30, 1968 (82 Stat. 885), the Act of August 10, 1972 (86 Stat. 525; 43 U.S.C. 620k note), and the Act of October 31, 1988 (102 Stat. 2826) to the contrary, the authorization of appropriations for construction of any Colorado River Storage Project participating project located in the State of Utah shall terminate five years after the date of enactment of this Act unless: (1) the Secretary executes a cost-sharing agree¬ ment with the District for construction of such project, ana (2) the Secretary has requested, or the Congress has appropriated, construction funds for such project.

(d) Use of Appropriated Funds. — Funds authorized pursuant to this Act shall be appropriated to the Secretary and such appro¬ priations shall be made immediately available in their entirety

to the District and the Commission as provided for pursuant to the provisions of this Act.

(e) Secretarial Responsibility.— The Secretary is responsible for carrying out the responsibilities as specifically identified in this Act and may not delegate his responsibilities under this Act to the Bureau of Reclamation. The District at its sole option may use the services of the Bureau of Reclamation on any project features.

SEC. 202. BONNEVILLE UNIT WATER DEVELOPMENT.

(a) Of the amounts authorized to be appropriated in section 201, the following amounts shall be available only for the following features of the Bonneville Unit of the Central Utah Project:

(1) Irrigation and Drainage System.— (A) $150,000,000 for the construction of an enclosed pipeline primary water conveyance system from Spanish Fork Canyon to Sevier Bridge Reservoir for the purpose of supplying new and supplemental irrigation water supplies to Utah, Juab, Millard, Sanpete, Sevier, Garfield, ana Piute Counties. Construction of the facili¬ ties specified in the previous sentence shall be undertaken by the District as specified in subparagraph (D) of this para¬ graph. No funds are authorized to be appropriated for construc¬ tion of the facilities identified in this paragraph, except as provided for in subparagraph (D) of this paragraph.

(B) The authorization to construct the features provided for in subparagraph (A) shall expire if no federally appropriated funds to construct such features have been obligated or expended by the District in accordance with this Act, unless the Secretary determines the District has complied with sec¬ tions 202, 204, and 205, within five years from the date of its enactment, or such longer time as necessitated for —

(i) completion, after the exercise of due diligence, of compliance measures outlined in a biological opinion issued pursuant to the Endangered Species Act (16 U.S.C. 1533 et seq.) for any species that is or may be listed as threat¬ ened or endangered under such Act: Provided, however. That such extension of time for the expiration of authoriza¬ tion shall not exceed twelve months beyond the five-year period provided in subparagraph (B) of this paragraph;

(ii) judicial review of a completed final environmental impact statement for such features if such review is initi¬ ated by parties other than the District, the State, or petitioners of project water; or

(iii) a juaicial challenge of the Secretary’s failure to make a determination of compliance under this subpara¬ graph.

Provided, however, That in the event that construction is not initi¬ ated on the features provided for in subparagraph (A), $125,000,000 shall remain authorized pursuant to the provisions of this Act applicable to subparagraph (A) for the construction of alternate features to deliver irrigation water to lands in the Utah Lake drainage basin, exclusive of the features identified in section 201(b). (C) Requirement for Binding Contracts.— Amounts authorized to carry out subparagraph (A) may not be obligated or expended, and may not be borrowed against, until binding contracts for the purchase for the purpose of agricultural irriga¬ tion of at least 90 percent of the irrigation water to be delivered

PUBLIC LAW 102-575— OCT. 30, 1992

106 STAT. 4609

from the features of the Central Utah Project described in subparagraph (A) have been executed.

(D) In lieu of construction by the Secretary, the Central Utah Project and features specified in section 202(aXl) shall be constructed by the District under the program guidelines authorized by Drainage Facilities and Minor Construction Act (Act of June 13, 1956, 70 Stat. 274, 43 U.S.C. 505). The sixty-day congressional notification of the Secretary's intent to use the Drainage Facilities and Minor Construction Act program is hereby waived with respect to construction of the features authorized in section 202(aXl). Any such feature shall be operated, maintained, and repaired by the District in accord¬ ance with repayment contracts and operation and maintenance agreements previously entered into between the Secretary and the District. The United States shall not be liable for damages resulting from the design, construction, operation, maintenance, and replacement by the District of the features specified in section 202(aXl).

(2) Conjunctive Use op Surface and Ground Water.— $10,000,000 for a feasibility study and development, with public involvement, by the Utah Division of Water Resources of sys¬ tems to allow ground water recharge, management, and the conjunctive use of surface water resources with ground water resources in Salt Lake, Utah, Davis, Wasatch, and Weber Coun¬ ties, Utah.

(3) Wasatch County Water Efficiency Project.— (A) $500,000 for the District to conduct, within two years from the date of enactment of this Act, a feasibility study with public involvement, of efficiency improvements in the manage¬ ment, delivery and treatment of water in Wasatch County, without interference with downstream water rights. Such fea¬ sibility study shall be developed after consultation with Wasatch County and the Commission, or the Utah State Divi¬ sion of Wildlife Resources if the Commission has not been established, and shall identify the features of the Wasatch County Water Efficiency Project.

(B) $10,000,000 for construction of the Wasatch County Water Efficiency Project, in addition to funds authorized in section 207(eX2) for related purposes.

(C) The feasibility study and the Project construction authorization shall be subject to the non-Federal contribution requirements of section 204.

(D) The project construction authorization provided in subparagraph (B) shall expire if no federally appropriated funds to construct such features have been obligated or expended by the District in accordance with this Act within five years from the date of completion of feasibility studies, or such longer times as necessitated for —

(i) completion, after the exercise of due diligence, of compliance measures outlined in a biological opinion issued pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) for any species that is or may be listed as threatened or endangered under such Act, except that such extension of time for the expiration of authorization shall not exceed twelve months beyond the five-year period provided in this subparagraph; or

(ii) judicial review of environmental studies prepai in compliance with the National Environmental Policy i of 1969 (42 U.S.C. 4321 et seq.) if such review was initial by parties other than the District, the State, or petition of project water.

(E) Amounts authorized to carry out subparagraph may not be obligated or expended, and may not be borrov against, until binding contracts for the purchase of at le 90 percent of the supplemental irrigation project water to delivered from the features constructed under subparagrs (B) have been executed.

(F) In lieu of construction by the Secretary, the Cent Utah Project and features specified in section 202(aX3) si be constructed by the District under the program guidelii authorized by the Drainage Facilities and Minor Construct Act (Act of June 13, 1966, 70 Stat. 274- 43 U.S.C. 605). *] sixty-day congressional notification of the Secretary’s int to use the Drainage Facilities and Minor Construction . program is hereby waived with respect to construction of features authorized in section 202(a)(3). Any such feature n be operated, maintained, and repaired by the District in accc ance with repayment contracts and operation and maintena agreements previously entered into between the Secretary t the District. The United States shall not be liable for dama resulting from the design, construction, operation, maintenax and replacement by the District of the features specified section 202(aX3).

(4) Utah Lake Salinity Control.— $1,000,000 for the I trict to conduct, with public involvement, a feasibility sti to reduce the salinity of Utah Lake.

(5) Provo River Studies.— (A) $2,000,000 for the Dist to conduct, with public involvement:

(i) a hydrologic study that includes a hydrologic me analysis of the Provo River Basin with all tributaries, wf imports and exports, and diversions, an analysis of expec flows and storage under varying water conditions, i a comparison or steady State conditions with propo demands being placed on the river and affected w* resources, including historical diversions, decrees, i watertight*, and

(ii) a feasibility study of direct delivery of Color River Basin water from the Strawberry Reservoir or e where in the Strawberry Collection System to the Pi River Basin, including the Wallsburg Tunnel and ot possible importation or exchange options. The studies si also evaluate the potential for changes in existing impo tion patterns and quantities of water from the Weber Duchesne River Basins, and shall describe the econo and environmental consequences of each alternative ide fied. In addition to funds appropriated after the enactn of this Act, the Secretary is authorized to utilize sec 8 funds which may be available from fiscal year 1 appropriations for the Central Utah Project for the ] poses of carrying out the studies described in this pi graph.

(B) The cost of the studies provided for in subparagr (A) shall be treated as an expense under section 8: Provu

PUBLIC LAW 102-575— OCT. 30, 1992

106 STAT. 4611

however. That the cost of such study shall be reallocated propor¬ tionate with project purposes in the event any conveyance alternative is subsequently authorized and constructed. Within its available funds, the United States Geological Survey is directed to consult with the District in the preparation of the study identified in paragraph (5XA)(i).

(6) Completion op Diamond Fork System.— (A) Of the amounts authorized to be appropriated under section 201, $69,000,000 shall be available to complete construction of the Diamond Fork System.

(B) In lieu of construction by the Secretary, the facilities specified in paragraph (A) shall be constructed by the District under the program guidelines authorized by Drainage Facilities and Minor Construction Act (Act of June 13, 1956, 70 Stat. 274, 43 U.S.C. 505). The sixty-day congressional notification of the Secretary’s intent to use the Drainage Facilities and Minor Construction Act program is hereby waived with respect to construction of the features authorized in section 202(aX6). Any such feature may be operated, maintained, and repaired by the District in accordance with repayment contracts and operation and maintenance agreements previously entered into between the Secretary and the District. The United States shall not be liable for damages resulting from the design, construction, operation, maintenance, and replacement by the District of the features specified in subparagraph (A) of this paragraph.

(b) Strawberry Water Users Association. — (1) In exchange for, and as a precondition to approval of the Strawberry Water Users Association’s petition for Bonneville Unit water, the Sec¬ retary, after consultation with the Secretary of Agriculture, shall impose conditions on such approval so as to ensure that the Straw¬ berry Water Users Association shall manage and develop the lands referred to in subparagraph 4(eXl)(A) of the Act of October 31, 1988 (102 Stat. 2826, 2828) in a manner compatible with the management and improvement of adjacent Federal lands for wildlife purposes, natural values, and recreation.

(2) The Secretary of Agriculture and the Secretary shall not permit commercial or other development of Federal lands within sections 2 and 13, T. 3 S., R. 12 W., and sections 7 and 8, T. 3 S., R. 11 W., Uintah Special Meridian. Such Federal lands shall be rehabilitated pursuant to subsection 4(f) of the Act of October 31, 1988 (102 Stat. 2826, 2828) and hereafter managed and improved for wildlife purposes, natural values, and recreation consistent with the Uinta National Forest Land and Natural Resource Management Plan. This restriction shall not apply to the 95 acres referred to in the first sentence of subparagraph 4(eXlXA) of the Act of October 31, 1988 (102 Stat. 2826, 2828), valid existing rights, or to uses of such Federal lands by the Sec¬ retary of Agriculture or the Secretary for public purposes.

(c) The Secretary is authorized to utilize any unexpended budget authority provided in title II and such funds as may be provided by the Commission for fish and wildlife purposes, to pro¬ vide 65 percent Federal share pursuant to section 204, of engineer¬ ing, design, and construction of Hatchtown dam in Garfield County and associated facilities to deliver supplemental project water from Hatchtown dam. The District shall establish a viable minimum conservation pool in Hatchtown dam and shall ensure maintenance

106 STAT. 4612

PUBLIC LAW 102-575— OCT. 30, 1992

of viable instream flows in the Sevier River between Hatchtown dam and the Piute dam with the concurrence of the Commission and in consultation with the Division of Wildlife Resources of the State of Utah. The District shall comply with the provisions of section 202(a)(1) with respect to the features to be provided for in this subsection.

SEC. 203. UINTA BASIN REPLACEMENT PROJECT.

(a) In General. — Of the amounts authorized to be appropriated by section 201, $30,538,000 shall be available only to increase efficiency, enhance beneficial uses, and achieve greater water con¬ servation within the Uinta Basin, as follows:

(1) $13,582,000 for the construction of the Pigeon Water Reservoir, together with an enclosed pipeline conveyance sys¬ tem to divert water from Lake Fork River to Pigeon Water Reservoir and Sandwash Reservoir.

(2) $2,987,000 for the construction of McGuire Draw Res¬ ervoir.

(3) $7,669,000 for the construction of Clay Basin Reservoir.

(4) $4,000,000 for the rehabilitation of Farnsworth Canal.

(5) $2,300,000 for the construction of permanent diversion facilities identified by the Commission on the Duchesne and Strawberry Rivers, tile designs of which shall be approved by the Federal and State fish and wildlife agencies. The amount identified in paragraph (5) shall be treated as an expense under section 8.

(b) Expiration of Authorization.— The authorization to con¬ struct any of the features provided for in paragraphs (1) through (5) of subsection (a) —

(1) shall expire if no federally appropriated funds for such features have been obligated or expended by the District in accordance with this Act within five years from the date of completion of feasibility studies, or such longer time as neces¬ sitated for —

(A) completion, after the exercise of due diligence, of compliance measures outlined in a biological opinion issued pursuant to the Endangered Species Act (16 U.S.C. 1533 et seq.) for any species that is or may be listed as threat¬ ened or endangered under such Act: Provided, however. That such extension of time for the expiration of authoriza¬ tion shall not exceed 12 months beyond the five-year period provided in this paragraph; or

(B) judicial review of environmental studies prepared in compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if such review was initiated by parties other than the District, the State, or petitioners of project water, and

(2) shall expire if the Secretary determines that such fea¬ ture is not feasible.

(c) Requirement for Binding Contracts. — Amounts author¬ ized to carry out subsection (a), paragraphs (1) through (4) may not be obligated or expended, and may not be borrowed against, until binding contracts for the purchase of at least 90 percent of the supplemental irrigation water to be delivered from tne fea¬ tures of the Central Utah Project described in subsection (a), para¬ graphs (1) through (4) have been executed.

PUBLIC LAW 102-575— OCT. 30, 1992

106 STAT. 4613

(d) Non-Federal Option. — In lieu of construction by the Sec¬ retary, the features described in subsection (a), paragraphs (1) through (5) shall be constructed by the District under the program guidelines authorized by the Drainage Facilities ana Minor Construction Act (Act of June 13, 1956, 70 Stat. 274, 43 U.S.C. 505). The sixtv-day congressional notification of the Secretary’ s intent to use the Drainage Facilities and Minor Construction Act program is hereby waived with respect to construction of the fea¬ tures authorized in section 203(a). Any such feature may be oper¬ ated, maintained, and repaired by the District in accordance with repayment contracts and operation and maintenance agreements previously entered into between the Secretary and the District. The United States shall not be liable for damages resulting from the design, construction, operation, maintenance, and replacement by the District of the features specified in subsection fa) of this section.

(e) Water Rights.— To make water rights available for any of the features constructed as authorized in this section, the Bureau shall convey to the District in accordance with State law the water rights evidenced by Water Right No. 43-3825 (Application No. A36642) and Water Right No. 43-3827 (Application No. A36644).

(f) Uintah Indian Irrigation Project. — (1) Notwithstanding any other provision of law, the Secretary is authorized and directed to enter into a contract or cooperative agreement with, or make a grant to the Uintah Indian Irrigation Project Operation and Maintenance Company, or any other organization representing the water users within the Uintah Indian Irrigation Project area, to enable such organization to —

(A) administer the Uintah Indian Irrigation Project, or part thereof, and

(B) operate, maintain, rehabilitate, and construct all or some of the irrigation project facilities using the same adminis¬ trative authority and management procedures as used by water user organizations formed under State laws who administer, operate, and maintain irrigation projects.

(2) Title to Uintah Indian Irrigation Project rights-of-way and facilities shall remain in the United States. The Secretary shall retain any trust responsibilities to the Uintah Indian Irrigation Project.

(3) Notwithstanding any other provision of law, the Secretary shall use funds received from assessments, carriage agreements, leases, and all other additional sources related to the Uintah Indian Irrigation Project exclusively for Uintah Indian Irrigation Project administration, operation, maintenance, rehabilitation, and construction where appropriate. Upon receipt, the Secretary shall deposit such funds in an account in the Treasury of the United States. Amounts in the account not currently needed shall earn interest at the rate determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding obligations of the United States with remaining periods to maturity comparable to the period for which such funds are not currently needed. Amounts in the account shall be available without further authorization or appropriation by Congress. Such amounts shall be treated as private funds to be held in trust for landowners of the irrigation project and shall not be treated as public or appropriated funds.

Contracts.

106 STAT. 4614

PUBLIC LAW 102-575— OCT. 30, 1992

Contracts.

(4) All noncontract costs, direct and indirect, required to admin¬ ister the Uintah Indian Irrigation Project shall be nonreimbursable and paid for by the Secretary as part of bis trust responsibilities, beginning on the date of enactment of this Act. Such costs shall include (but not be limited to) the noncontract cost positions of project manager or engineer and two support staff. Such costs shall be added to the funding of the Uintah and Ouray Agency of the Bureau of Indian Affairs as a line item.

(5) The Secretary is authorized to sell, lease, or otherwise make available the use of irrigation project equipment to a water user organization which is under obligation to the Secretary to administer, operate, and maintain the Uintah Indian Irrigation Project or part thereof.

(6) The Secretary is authorized to lease or otherwise make available the use of irrigation project facilities to a water user organization which is under obligation to the Secretary to admin¬ ister, operate, and maintain the Uintah Indian Irrigation Project or part thereof.

(g) Brush Creek and Jensen Unit.— (1) The Secretary is authorized to enter into Amendatory Contract Number 6-05-01- 00143, as last revised on September 19, 1988, between the United States and the Uintah Water Conservancy District, which provides, among other things, for part of the municipal and industrial water obligation now the responsibility of the Uintah Water Conservancy District to be retained by the United States with a corresponding part of the water supply to be controlled and marketed by the United States. Such water shall be marketed and used in conform¬ ance with State law.

(2) The Secretary, through the Bureau, shall —

(A) establish a conservation pool of 4,000 acre-feet in Red Fleet Reservoir for the purpose of enhancing associated fishery and recreational opportunities and for such other purposes as may be recommended by the Commission in consultation with the Utah Division of Wildlife Resources, United States Fish and Wildlife Service, and the Utah Division of Parks and Recreation; and

(B) enter into an agreement with the Utah Division of Parks and Recreation for the management and operation of Red Fleet recreational facilities.

SEC. 204. NON-FEDERAL CONTRIBUTION.

The non-Federal share of the cost for the design, engineering, and construction of the Central Utah Project features authorized by sections 202 and 203 shall be 35 percent of the total reimbursable costs and shall be paid concurrently with the Federal share, except that for the facilities specified in 202(aX6), tile cost-share shall be 35 percent of the costs allocated to irrigation beyond the ability of irrigators to repay. The non-Federal share of the cost for studies required by sections 202 and 203, other than the study required by section 202(aX5), shall be 50 percent and shall be paid concur¬ rently with the Federal, share. Within one hundred and twenty days of enactment of this Act, the Secretary shall execute a cost sharing agreement which binds the District to provide annually such sums as may be required to satisfy the non-Federal share of the separate, features authorized and approved for construction pursuant to this Act. The Secretary is not authorized to broaden the scope of the cost sharing agreement beyond assuring that the

PUBLIC LAW 102-575— OCT. 30, 1992

106 STAT. 4615

non-Federal interests will satisfy the cost sharing provisions as set forth in this section. Any feature to which this section applies shall not be initiated until after the non-Federal interests enter into a cost sharing agreement with the Secretary to provide the share required by this section. The District may commence any study authorized herein prior to entering into a cost sharing agree¬ ment, and upon execution of a cost sharing agreement the Secretary shall reimburse the District an amount equal to the Federal share of the funds expended by the District.

SEC. 205. DEFINITE PLAN REPORT AND ENVIRONMENTAL COMPLI¬ ANCE.

(a) Definite Plan Report and Feasibility Studies. — Except for amounts required for compliance with applicable environmental laws and the purposes of this subsection, federally appropriated funds may not be obligated or expended by the District for construc¬ tion of the features authorized m section 202(aXl) or 203 until —

(1) the District completes —

(A) a Definite Plan Report for the system authorized in section 202(a)(1), or

(B) an analysis to determine the feasibility of the sepa¬ rate features described in section 203(a), paragraphs (1) through (4), or subsection (0;

(2) the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et sea.) have been satisfied witn respect to the particular system; ana

(3) a plan has been developed with and approved by the United States Fish and Wildlife Service to prevent any harmful contamination of waters due to concentrations of selenium or other such toxicants, if the Service determines that development of the particular system may result in such contamination.

(b) Compliance With Environmental Laws and the Terms OF This Act. — Notwithstanding any other provision of this Act, Federal funds authorized under this title may not be provided to the District until the District enters into a binding agreement with the Secretary to be considered a “Federal Agency” for purposes of compliance with all Federal fish, wildlife, recreation, and environ¬ mental laws with respect to the use of such funds, and to comply with this Act. The Secretary shall execute such binding agreement within one hundred and twenty days of enactment of this Act.

(c) Initiation of Repayment. — For purposes of repayment of costs obligated and expended prior to the date of enactment of this Act, the Definite Plan Report shall be considered as being filed and approved by the Secretary, and repayment of such costs shall be initiated by tne Secretary of Energy at the earliest possible date. All the costs allocated to irrigation and associated with construction of the Strawberry Collection System, a component of the Bonneville Unit, obligated prior to the date of enactment of this Act shall be included by the Secretary of Energy in the costs specified in this subsection.

(d) Of the amounts authorized in section 201, the Secretary is directed to make sums available to the District as required by the District, for the completion of the plans, studies, and analyses required by this section pursuant to the cost sharing provisions of section 204.

(e) Content and Approval of the Definite Plan Report. — The Definite Plan Report required under this section shall include

Contracts.

106 STAT. 4616

PUBLIC LAW 102-575— OCT. 30, 1992

Grants.

economic analyses consistent with the Economic and Environmental Principles and Guidelines for Water and Related Land Resources Implementation Studies (March 10, 1983). The Secretary may with¬ hold approval of the Definite Plan Report only on the basis of the inadequacy of the document, and specifically not on the basis of the findings of its economic analyses.

SEC. 206. LOCAL DEVELOPMENT IN LIEU OF IRRIGATION AND DRAIN¬ AGE.

(a) Optional Rebate to Counties.— (1) After two years from the date of enactment of this Act, the District shall, at the option of an eligible county as provided in paragraph (2), rebate to such county all of the ad valorem tax contributions paid by such county to the District, with interest but less the value of any benefits received by such county and less the administrative expenses incurred by the District to that date.

(2) Counties eligible to receive the rebate provided for in para¬ graph (1) include any county within the District, except for Salt Lake Comity and Utah County, in which the construction of Central Utah Project water storage or delivery features authorized in this Act has not commenced and —

(A) in which there are no binding contracts as required under section 202(1XC); or

(B) in which the authorization for the project or feature was repealed pursuant to section 201(b) or expired pursuant to section 202(1XB) of this Act.

(b) Local Development Option.— (1) Upon the request of any eligible county that elects not to participate in the project as pro¬ vided in subsection (a), the Secretary shall provide as a grant to such county an amount that, when matched with the rebate received by such county, shall constitute 65 percent of the cost of implementation of measures identified in paragraph (2).

(2XA) The grant provided for in this subsection shall be avail¬ able for the following purposes:

(i) Potable water distribution and treatment.

(ii) Wastewater collection and treatment.

(iii) Agricultural water management.

(iv) Other public infrastructure improvements as may be approved by the Secretary.

(B) Funds made available under this subsection may not be used for —

(i) draining of wetlands;

(ii) dredging of natural water courses; and

(iii) planning or constructing water impoundments of

S ’eater than five thousand acre-feet, except for the proposed atch Town Dam on the Sevier River in southern Garfield County, Utah.

(3) Of the amounts authorized to be appropriated by section 201, not more than $40,000,000 may be available for the purposes of this subsection.

SEC. 207. WATER MANAGEMENT IMPROVEMENT.

(a) Purposes. — The purposes of this section are, through such means as are cost-effective and environmentally sound, to —

(1) encourage the conservation and wise use of water;

PUBLIC LAW 102-575— OCT. 30, 1992

106 STAT. 4617

(2) reduce the probability and duration of periods neces¬ sitating extraordinary curtailment of water use;

(3) achieve beneficial reductions in water use and system costs;

(4) prevent or eliminate unnecessary depletion of waters in order to assist in the improvement andf maintenance of water quantity, quality, and streamflow conditions necessary to augment water supplies and support fish, wildlife, recreation, and other public benefits;

(5) make prudent and efficient use of currently available water prior to any importation of Bear River water into Salt Lake County, Utah; ana

(6) provide a systematic approach to the accomplishment of these purposes and an objective basis for measuring their achievement.

(b) Water Management Improvement Plan.— The District, after consultation with the State and with each petitioner of project water, shall prepare and maintain a water management improve- ment plan. The first plan shall be submitted to the Secretary by January 1, 1995. Every three years thereafter the District shall prepare and submit a supplement to this plan. The Secretary shall either approve or disapprove such plan or supplement thereto within six months of its submission.

(1) Elements. — The plan shall include the following ele¬ ments:

(A) A water conservation goal, consisting of the greater of the following two amounts for each petitioner of project water:

(i) 25 percent of each petitioner’s projected increase in annual water deliveries between the years 1990 and 2000, or such later ten-year period as the District may find useful for planning purposes; or

(ii) the amount by which unaccounted for water or, in the case of irrigation entities, transport losses, exceeds 10 percent of recorded annual water deliveries.

The minimum goal for the District shall be thirty thousand acre-feet per year. In the event that the pipeline conveyance system described in section 202(aXlXA) is not constructed (hie to expiration of the authorization pursuant to section 202(aXlXB), the minimum goal for the District shall be reduced by five thousand acre-feet per year. In the event that the Wasatch County Water Efficiency Project author¬ ized in section 202(aX3XB) is not constructed due to expira¬ tion of the authorization pursuant to section 202(aX3xD), the minimum goal for the District shall be reduced by five thousand acre-feet per year. In the event the water supply which would have been supplied by the pipeline conveyance system described in section 202(aXlXA) is made available and delivered to municipal and industrial or agri¬ cultural petitioners in Salt Lake, Utah or Juab counties subsequent to the expiration of the authorization pursuant to section 202(aXlXB), the minimum goal for the District shall increase five thousand acre-feet per year. In no event shall the minimum goal for the District be less than twenty thousand acre-feet per year.

(B) A water management improvement inventory, containing —

106 STAT. 4618

PUBLIC LAW 102-575— OCT. 30, 1992

(i) conservation measures to improve the efficiency of the storage, conveyance, distribution, and use of water in a manner that contributes to the accomplish’ ment of the purposes of this section, exclusive of any measures promulgated pursuant to subsection (f)(2) (A) through (D);

(ii) the estimated economic and financial costs of each such measure;

(iii) the estimated water yield of each such meas¬ ure; and

(iv) the socioeconomic and environmental effects of each such measure.

(D) A schedule of implementation for the following five years.

(E) An assessment of the performance of previously implemented conservation measures, if any. Each plan or plan supplement shall be technically sound, internally consistent and supported by objective analysis.

Not less than ninety days prior to its transmittal to the Sec¬ retary, the plan, or plan supplement, together with all support¬ ing documentation demonstrating compliance with this section, shall be made available by the District for public review, hear¬ ing, and comment. All significant comments, and the District’s response thereto, shall accompany the plan transmitted to the Secretary.

(2) Evaluation of conservation measures —

(A) Any conservation measure proposed to the District by the Executive Director of the Utah Department of Natu¬ ral Resources shall be added to the water management improvement inventory and evaluated by the District. Any conservation measure, up to a cumulative five in number within any three-year period, submitted by nonprofit sportsmen or environmental organizations shall be added to the water management improvement inventory and evaluated by the District.

(B) Each conservation measure that is found to be cost-effective, without significant adverse impact to the financial integrity of the District or a petitioner of project water, environmentally acceptable and for which the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) have been satisfied, and in the public interest shall be deemed to constitute the "active inventory”. For purposes of this section, the deter¬ mination of benefits shall take into account:

(i) the value of saved water, to be determined, in the case of municipal water, on the basis of the project municipal and industrial repayment obligation of the District, but in no case less than $200 per acre-foot, and, in the case of irrigation water, on the basis of operation, maintenance, and replacement costs plus the "full cost” rate for irrigation computed in accordance with section 302(3) of the Reclamation Reform Act of 1982 (96 Stat. 1263; 43 U.S.C. 390bb), but in no case less than $50 per acre-foot;

PUBLIC LAW 102-575— OCT. 30, 1992

106 STAT. 4619

(ii) the reduced cost of wastewater treatment, if

any;

(iii) net additional hydroelectric power generation, if any, valued at avoided cost;

(iv) net savings in operation, maintenance, and replacement costs; and

(v) net savings in on-farm costs.

(3) Implementation. — The District, and each petitioner of project water, as appropriate, shall implement and maintain, consistent with State law, conservation measures placed in the active inventory to the maximum practical extent necessary to achieve 50 percent of the water conservation goal within seven years after submission of the initial plan and 100 percent of the water conservation goal within fifteen years after submis¬ sion of the initial plan. Priority shall be given to implementation of the most cost-effective measures that are —

(A) found to reduce consumptive use of water without significant adverse impact to the financial integrity of the District or the petitioner of project water;

(B) environmentally acceptable and for which the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has been satisfied; and

(4) Use op saved water. — All water saved by any conserva¬ tion measure implemented by the District or a petitioner of project water under subsection (bX3) may be retained by the District or the petitioner of project water which saved such water for its own use or disposition. The specific amounts of water saved by any conservation measure implemented under subsection (bX3) shall be based upon the determination of yield under paragraph (bXlXBXiii), and as may be confirmed or modified by assessment pursuant to paragraph (bXIXE). Each petitioner of project water may make available to the District water in an amount equivalent to the water saved, which the District may make available to the Secretary for instream flows in addition to the stream flow requirements established by section 303. Such instream flows shall be released from project facilities, subject to space available in project conveyance systems, to at least one watercourse in the Bonneville and Uinta River Basins, respectively, to be designated by the United States Fish and Wildlife Service as recommended by the Interagency Biological Assessment Team. Such flows shall be protected against appropriation in the same manner as the minimum streamflow requirements established by section 303. The Secretary shall reduce the annual contractual repayment obligation of the District equal to the project rate for delivered water, including operation and maintenance expenses, for water saved for instream flows pursuant to this subsection. The Dis¬ trict shall credit or rebate to each petitioner of project water its proportionate share of the District’s repayment savings for reductions in deliveries of project water as a result of this subsection.

(5) Status report on the planning process.— Prior to January 1, 1994, the District shall establish a continuous proc¬ ess for the identification, evaluation, and implementation of water conservation measures to achieve the purposes of this section, and submit a report thereon to the Secretary. The

106 STAT. 4620

PUBLIC LAW 102-575— OCT. 30, 1002

Public

information.

report shall include a description of this process, includ its financial resources, technical support, public involvem< and identification of staff responsible for its development i implementation.

(1) Within three years from the date of enactment of 1 Act, the District, after consultation with the State and e petitioner of project water, shall prepare and transmit to Secretary a study of wholesale and retail pricing to encour water conservation as described in this subsection, toget with its conclusions and recommendations.

(2) The purposes of this study are —

(A) to design and evaluate potential rate designs i pricing policies for water supply and wastewater treatm within the District boundary;

(B) to estimate demand elasticity for each of the p cipal categories of end use of water within the Diet boundary;

(D) to identify a water pricing system that refl< the incremental scarcity value of water and rewards ei tive water conservation programs.

(3) Pricing policies to be evaluated in the study si include but not be limited to the following, alone and in c bination:

.(A) recovery of all costs, including a reasonable ret on investment, through water ana wastewater ser charges;

(B) seasonal rate differentials;

(D) increasing block rate schedules;

(E) marginal cost pricing;

(F) rates accounting for differences in costs based u point of delivery; and

(6) rates based on the effect of phasing out the col tion of ad valorem property taxes by the District and petitioners of project water over a five-year and ten-j period.

The District may incorporate policies developed by the st in the Water Management Improvement Plan prepared ui subsection (b).

(4) Not less than ninety days prior to its transmitta the Secretary, the study, together with the District’s prel nary conclusions and recommendations and all supporting d mentation, shall be available for public review and comm including public hearings. All significant comments, and District’s response thereto, shall accompany the study trans; ted to the Secretary.

(5) Nothing in this subsection shall be deemed to authc the Secretary, or grant new authority to the District or petit era of project water, to require the implementation of policies or recommendations contained in the study.

(d) Study of Coordinated Operations. —

(1) Within three years from the date of enactment of Act, the District, after consultation with the State and <

PUBLIC LAW 102-575— OCT. 30, 1992

106 STAT. 4621

petitioner of project water, shall prepare and transmit to the Secretary a study of the coordinated operation of independent municipal and industrial and irrigation water systems, together with its conclusions and recommendations. The District shall evaluate cost-effective flexible operating procedures that will —

(A) improve the availability and reliability of water supply;

(B) coordinate the timing of reservoir releases under existing water rights to improve instream flows for fish¬ eries, wildlife, recreation, and other environmental values, if possible;

(D) encourage the maintenance of existing wells and other facilities which may be placed on stand-by status when water deliveries from the project become available;

(E) allow for the development, protection, and sustain¬ able use of ground-water resources in the District boundary*

(F) not reduce the benefits that would be generated in the absence of the joint operating procedures; and

(G) integrate management of surface and ground-water supplies ana storage capability.

The District may incorporate measures developed by the study in the Water Management Improvement Plan prepared under subsection (b).

(2) Not less than ninety days prior to its transmittal to the Secretary, the study, together with the District’s prelimi¬ nary conclusions and recommendations and all supporting docu¬ mentation, shall be available for public review and comment, including public hearings. All significant comments, and the District’s response thereto, shall accompany the study transmit¬ ted to the Secretary.

(3) Nothing in this subsection shall be deemed to authorize the Secretary, or grant new authority to the District or petition¬ ers of project water, to require the implementation of any operating procedures, conclusions, or recommendations con¬ tained in the study.

(e) Authorization op Appropriations. — (1) For an amount not to exceed 50 percent of the cost of conducting the studies identified in subsections (c) and (d) and developing the plan identi¬ fied in subsection (b), $3,000,000 shall be available from the amount authorized to be appropriated by section 201, and shall remain available until expended. The Federal share shall be allocated among project purposes in the same proportions as the joint costs of the Strawberry Collection System, and shall be repaid in the manner of repayment for each such purpose.

(2) For an amount not to exceed 65 percent of the cost of implementation of the conservation measures in accordance with subsection (b), $50,000,000 shall be available from the amount authorized to be appropriated in section 201, and shall remain available until expended. $10,000,000 authorized by this paragraph shall be made available for conservation measures in Wasatch County identified in the study pursuant to section 202(aX3XA) which measures satisfy the requirements of subsection (bX2XB) and shall thereafter be available for the purposes of this paragraph. The Federal share shall be allocated between the purposes of municipal and industrial water supply and irrigation, as appro-

Public

information.

106 STAT. 4622

PUBLIC LAW 102-575— OCT. 30, 1992

Establishment.

priate, and shall be repaid in the manner of repayment for eac PUcH purpose.

(f) Utah Water Conservation Advisory Board.— (1) Withi two years of the date of enactment of this Act, the Governor < the State may establish a board consisting of nine members 1 be known as the Utah Water Conservation Advisory Board, wit the duties described in this subsection. In the event that the Go eraor does not establish said board by such date, the Secretai shall establish a Utah Water Conservation Advisory Board consis ing of nine members appointed by the Secretary from a list < names supplied by the Governor.

(2) The Board shall recommend water conservation standarc and regulations for promulgation by State or local authorities i the service area of each petitioner of project water, including bi not limited to the following:

(A) metering or measuring of water to all customers, i be accomplished within five years. (For purposes of this pari graph, residential buildings of more than four units may l considered as single customers.);

(B) elimination of declining block rate schedules from ai system of water or wastewater treatment charges;

(C) a program of leak detection and repair that provide for the inspection of all conveyance and distribution main and the performance of repairs, at intervals of three yea: or less;

(D) low consumption performance standards applicable the sale and installation of plumbing fixtures and fittings : new construction;

(E) requirements for the recycling and reuse of water l all newly constructed commercial laundries and vehicle was facilities;

(F) requirements for soil preparation prior to the install tion or seeding of turf grass in new residential and commerci construction;

(G) requirements for the insulation of hot water pip in all new construction;

(H) requirements for the installation of water recyclii or reuse systems on any newly installed commercial and indu trial water-operative air conditioning and refrigeration system

(I) standards governing the sale, installation, and remov of self-regenerating water softeners, including the identificatu of public water supply system service areas where such devio are prohibited, and the establishment of standards for tl control of regeneration in all newly installed devices; and

(J) elimination of evaporation as a principal method wastewater treatment.

(3) Any water conserved by implementation of subparagrap] (A), (B), (C), (D), or (F) of paragraph (2) shall not be credit* to the conservation goal specified under subparagraph (bXlX^ All other water conserved after January 1, 1992, by a conservati* measure which is placed on the active inventory shall be credit* to the conservation goal specified under subparagraph (bXlX^

(4) The Governor may waive the applicability of paragrapl (2XD) through (2XH) above to any petitioner of project water tin provides water entirely for irrigation use.

(5) Within three years of the date of enactment of this A* the board shall transmit to the Governor and the Secretary tl

Regulations.

PUBLIC LAW 102-575— OCT. 30, 1992

106 STAT. 4623

recommended standards and regulations referred to in subpara¬ graph (fX2) in such form as, in the judgment of the board, will be most likely to be promulgated within four years of the date of enactment of this Act, and the failure of the board to do so shall be deemed substantial noncompliance.

(6) Nothing in this subsection shall be deemed to authorize the Secretary, or grant new authority to the District or petitioners of project water, to require the implementation of any standards or regulations recommended by the Utah Water Conservation Advisory Board.

(g) Compliance. — (1) Notwithstanding subsections (cX5), (dX3) or (f)(6), if the Secretary after ninety days written notice to the District, determines that the plan referred to in subsection (b) has not been developed and implemented or the studies referred to in subsections (c) and (d) have not been completed or transmitted as provided for in this section, the District shall pay a surcharge for each year of substantial noncompliance as determined by the Secretary. The amount of the surcharge shall be —

(A) for the first year of substantial noncompliance, five percent of the District’s annual Bonneville Unit repayment obligation to the Secretary;

(B) for the second year of substantial noncompliance, ten percent of the District’s annual Bonneville Unit repayment obligation to the Secretary; and

(C) for the third vear of substantial noncompliance and any succeeding year of substantial noncompliance, fifteen per¬ cent of the District’s annual Bonneville Unit repayment obliga¬ tion to the Secretary.

(2) If the Secretary determines that compliance has been accom¬ plished within twelve months after the first determination of substantial noncompliance, the Secretary shall refund 100 percent of the surcharge levied.

(h) Reclamation Reform Act of 1982.— Compliance with this section shall be deemed as compliance with section 210 of the Reclamation Reform Act of 1982 (96 Stat. 1268; 43 U.S.C. 390jj) by the District and each petitioner of project water.

(i) Judicial Review. — (1) For the purposes of sections 701 through 706 of title 5 (U.S.C.), the determinations made by the Secretary under subsections (b), (fXl) or (g) shall be final actions subject to judicial review.

(2) The record upon review of such final actions shall be limited to the administrative record compiled in accordance with sections 701 through 706 of title 5 (U.S.C.). Nothing in this subsection shall be construed to require a hearing pursuant to sections 554, 556, or 557 of title 5 (U.S.C.).

(3) Nothing in this subsection shall be construed to preclude judicial review of other final actions and decisions by the Secretary.

(j) Citizen Suits. — (1) In General.— Any person may com¬ mence a civil suit on their own behalf against only the Secretary for any determination made by the Secretary under this section which is alleged to have violated, is violating, or is about to violate any provision of this section or determination made under this section.

(2) Jurisdiction and Venue.— The district courts shall have jurisdiction to prohibit any violation by the Secretary of this section, to compel any action required by this section, and to issue any other order to further the purposes of this section. An action under

. 4bZ4

I'uts.Liu law iuz-070— uui. au, iyyz

this subsection may be brought in the judicial district where tl alleged violation occurred or is about to occur, where fish, wildlil or recreation resources are located, or in the District of Columbi

(3) Limitations. — (A) No action may be commenced under par graph (1) before sixty days after written notice of the violatit has been given to the Secretary.

(B) Notwithstanding subparagraph (A), an action may 1 brought immediately after such notification in the case of an acti< under this section respecting an emergency posing a signifies: risk to the well-being of any species of fish or wildlife.

(C) Subparagraph (A) is intended to provide reasonable noti where possible and not to affect the jurisdiction of the court

(4) Costs Awarded by the Court.-— The court may awa: costs of litigation (including reasonable attorney and expert witne fees and expenses) to any party, other than the United State whenever the court determines such award is appropriate.

(5) Disclaimer. — The relief provided by this subsection she not restrict any right which any person (or class of persons) mi have under any statute or common law to seek enforcement any standard or limitation or to seek any other relief.

(k) Preservation of State Law.— Nothing in this section she be deemed to preempt or supersede State law.

SEC. 208. LIMITATION ON HYDROPOWER OPERATIONS.

(a) Limitation. — Power generation facilities associated with t] Central Utah Project and other features specified in titles II throuj V of this Act shall be operated and developed in accordance wi the Act of April 11, 1956 (70 Stat. 109; 43 U.S.C. 620f).

(b) Colorado River Basin Waters.— Use of Central Ut; Project water diverted out of the Colorado River Basin for pow purposes shall only be incidental to the delivery of water for oth authorized project purposes. Diversion of such waters out of t] Colorado River Basm exclusively for power purposes in prohibite

SEC. 209. OPERATING AGREEMENTS.

The District, in consultation with the Commission and tl Utah Division of Water Rights, shall apply its best efforts to achie operating agreements for the Jordanelle Reservoir, Deer Creek R« ervoir, Utah Lake and Strawberry Reservoir within two years the date of enactment of this Act.

SEC. 210. JORDAN AQUEDUCT PREPAYMENT.

Under such terms as the Secretary may prescribe, and with one year of the date of enactment of this Act, the Secretary shi allow for the prepayment, or shall otherwise dispose of, repayme contracts entered into among the United States, the District, t Metropolitan Water District of Salt Lake City, and the Salt La County Water Conservancy District, dated May 16, 1986, providi for repayment of the Jordan Aqueduct System. In carrying o this section, the Secretary shall take such actions as he deei appropriate to accommodate, effectuate, and otherwise protect t rights and obligations of the United States and the obligors und the contracts executed to provide for payment of such repayme contracts.

SEC. 211. AUDIT OF CENTRAL UTAH PROJECT COST ALLOCATION

Not later them, one year after the date on which the Secrets declares the Central Utah Project to be substantially comple

rutsjULU .law wz~b(b— uui. 3U, iyyz

iut>

the Comptroller General of the United States shall conduct an audit of the allocation of costs of the Central Utah Project to irrigation, municipal and industrial, and other project purposes and submit a report of such audit to the Secretary and to the Congress. The audit shall be conducted in accordance with regula¬ tions which the Comptroller General shall prescribe not later than one year after the date of enactment of this Act. Upon a review of such report, the Secretary shall reallocate such costs as may be necessary. Any amount allocated to municipal and industrial water in excess of the total maximum repayment obligation con¬ tained in repayment contracts dated December 28, 1965, and November 26, 1985, shall be deferred for as long as the District is not found to be in substantial noncompliance with the water management improvement program provided in section 207 and the stream flows provided in title III are maintained. If at any time the Secretary finds that such program is in substantial non- compliance or that such stream flows are not being maintained, the Secretary shall, within six months of such finding and after public notice, take action to initiate repayment of all such reimburs¬ able costs.

SEC. 212. SURPLUS CROPS.

Notwithstanding any other provision of law relating to a charge for irrigation water supplied to surplus crops, until the construction costs of the facilities authorized by this title are repaid, the Sec¬ retary is directed to charge a surplus crop production charge equal to 10 percent of full cost, as defined in section 202 of the Reclama¬ tion Reform Act of 1982 (43 U.S.C. 390bb), for the delivery of project water used in the production of any crop of an agricultural commodity for which an acreage reduction program is in effect under the provision of the Agricultural Act of 1949, as amended, if the total supply of such commodity for the marketing years in which the bulk of the crop would normally be marketed is in excess of the normal supply as determined by the Secretary of Agriculture. The Secretary of the Interior shall announce the amount of the surplus crop production charge for the succeeding year on or before July 1 of each year.

TITLE III — FISH, WILDLIFE, AND RECREATION MITIGATION AND CONSERVATION

SEC. 301. UTAH RECLAMATION MITIGATION AND CONSERVATION COMMISSION.

(a) Purpose. — (1) The purpose of this section is to provide for the prompt establishment of the Utah Reclamation Mitigation and Conservation Commission in order to coordinate the implementation of the mitigation and conservation provisions of this Act among the Federal and State fish, wildlife, and recreation agencies.

(2) This section, together with applicable environmental laws and the provisions of other laws applicable to mitigation, conserva¬ tion and enhancement of fish, wildlife, and recreation resources within the State, are all intended to be construed in a consistent manner. Nothing herein is intended to limit or restrict the authori¬ ties or opportunities of Federal, State, or local governments, or political subdivisions thereof, to plan, develop, or implement mitiga¬ tion, conservation, or enhancement of fish, wildlife, and recreation

V.u; JiioiivDLiionKLrjXNi. — x Here is esvaunsneu a wumuBaiun

to be known as the Utah Reclamation Mitigation and Conservation Commission.

(2) The Commission shall expire twenty years from the end of the fiscal year during which the Secretary declares the Central Utah Project to be substantially complete. The Secretary shall not declare the project to be substantially complete at least until such time as the mitigation and conservation projects and features pro¬ vided for in section 315 have been completed in accordance with the fish, wildlife, and recreation mitigation and conservation sched¬ ule specified therein.

(1) formulate the policies and objectives for the implementa¬ tion of the fish, wildlife, and recreation mitigation and conserva¬ tion projects and features authorized in this Act;

(2) administer in accordance with subsection (f) the expenditure of funds for the implementation of the fish, wildlife, and recreation mitigation and conservation projects and fea¬ tures authorized in this Act;

(3) be considered a Federal agencv for purposes of compli¬ ance with the requirements of all Federal nsh, wildlife, recre¬ ation, and environmental laws, including (but not limited to) the Fish and Wildlife Coordination Act, the National Environ¬ mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and

(4) develop, adopt, and submit plans and reports of its activities in accordance with subsection (g).

(d) Membership. — (1) The Commission shall be composed ol 5 members appointed by the President within six months of the date of enactment of this Act, as follows:

(A) 1 from a list of residents of the State, who are qualified to serve on the Commission by virtue of their training oi experience in fish or wildlife matters or environmental con¬ servation matters, submitted by the Speaker of the House of Representatives upon the recommendation of the members of the House of Representatives representing the State.

(B) 1 from a list of residents of the State, who are qualified to serve on the Commission by virtue of their training oi experience in fish or wildlife matters or environmental con¬ servation matters, submitted by the Majority Leader of the Senate upon the recommendation of the members of the Senate representing the State.

(C) 1 from a list of residents of the State submitted b> the Governor of the State composed of State wildlife resource agency personnel.

(D) 1 from a list of residents of the State submitted bj the District.

(E) 1 from a list of residents of the State, who are qualified to serve on the Commission by virtue of their training oi experience in fish and wildlife matters or environmental con¬ servation matters and have been recommended by Utah non-

Erofit sportsmen’s or environmental organizations, submitted y the Governor of the State.

(2XA) Except as provided in subparagraph (B), members shal' be appointed for terms of four years.

PUBLIC LAW 102-575— OCT. 30, 1992

106 STAT. 4627

(B) Of the members first appointed —

(i) the member appointed under paragraph (1XC) shall

be appointed for a term of three years; and

(ii) the member appointed under paragraph (1XD) shall

be appointed for a term of two years.

(3) A vacancy in the Commission shall be filled within ninety days and in the manner in which the original appointment was made. Any member appointed to fill a vacancy occurring before the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. A member may serve after the expiration of his term until his successor has taken office.

(4XA) Except as provided in subparagraph (B), members of the Commission shall each be paid at a rate equal to the daily equivalent of the maximum of the annual rate of basic pay in effect for grade GS-15 of the General Schedule for each day (includ¬ ing travel time) during which they are engaged in the actual performance of duties vested in the Commission.

(B) Members of the Commission who are full-time officers or employees of the United States or the State of Utah shall receive no additional pay by reason of their service on the Commission.

(5) Three members of the Commission shall constitute a quorum but a lesser number may hold public meetings authorized by the Commission.

(6) The Chairman of the Commission shall be elected by the members of the Commission. The term of office of the Chairman shall be one year.

(7) The Commission shall meet at least quarterly and may meet at the call of the Chairman or a majority of its members.

(e) Director and Staff of Commission; Use of Consult¬ ants.— (1) The Commission shall have a Director who shall be appointed by the Commission and who shall be paid at a rate not to exceed the maximum rate of basic pay payable for GS- 15 of the General Schedule.

(2) With the approval of the Commission, the Director may appoint and fix the pay of such personnel as the Director considers appropriate. Such personnel may be appointed without regard to the provisions of title 5, United States Code, governing appoint¬ ments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates.

(3) With the approval of the Commission, the Director may procure temporary and intermittent services under section 3109(b) of title 5 of the United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay payable for GS-15 of the General Schedule.

(4) Upon request of the Commission, the head of any Federal agency is authorized to detail, on a reimbursable basis, any of the personnel of such agency to the Commission to assist the Commission in carrying out its duties under this Act.

(5) Any member or agent of the Commission may, if so author¬ ized by the Commission, take any action which the Commission is authorized to take by this section.

(6) In times of emergency, as defined by rule by the Commis¬ sion, the Director may exercise the full powers of the Commission

106 STAT. 4628

PUBLIC LAW 102-575— OCT. 30, 1992

until such times as the emergency ends or the Commission meets in formal session.

(f) Implementation of Mitigation and Conservation Meas¬ ures. — (1) The Commission .shall administer the mitigation and conservation funds available under this Act to conserve, mitigate, and enhance fish, wildlife, and recreation resources affected by the development and operation of Federal reclamation projects in the State of Utah. Such funds shall be administered in accordance with this section, the mitigation and conservation schedule in sec¬ tion 315 of this Act, and, if in existence, the applicable five-year plan adopted pursuant to subsection (g). Expenditures of the Commission pursuant to this section shall be in addition to, not in lieu of, other expenditures authorized or required from other entities under other agreements ; or provisions of law.

(2) Reallocation of Section 8 Funds.— Notwithstanding any provision of this act which provides that a specified amount of section 8 funds available under this Act shall be available only for a certain purpose, if the Commission determines, after public involvement and agency consultation as provided in subsection (gX3), that the benefits to fish, wildlife, or recreation will be better served by allocating such funds in a different manner, then the Commission may reallocate any amount so. specified to achieve such benefits: Provided, however. That the Commission shall obtain the prior approval of the United States Fish and Wildlife Service for any reallocation from fish or wildlife purposes to recreation purposes of any of the funds authorized in the schedule in section 315.

(3) Funding for NEPA Compliance.— The Commission shall annually provide funding on a priority basis for environmental mitigation measures adopted as a result of compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for project features constructed pursuant to titles II and III of this Act.

(4) Contracting Authority. — The Commission shall, for the purpose of carrying out this Act, enter into and perform such contracts, leases, grants, cooperative agreements, or other similar transactions, including the amendment, modification, or cancella¬ tion thereof and make the compromise or final settlement of any claim arising thereunder, with universities, non-profit organiza¬ tions, and the appropriate public natural resource management agency or agencies, upon such terms and conditions and in such manner as the Commission may deem to be necessary or appro¬ priate, for the implementation of the mitigation and conservation projects and features authorized in this Act, including actions nec¬ essary for compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(g) Planning and Reporting. — (1) Beginning with the first fiscal year after all members of the Commission are appointed initially, and every five years thereafter, the Commission shall develop and adopt by March 31 a plan for carrying out its duties during each succeeding five-year period. Each such plan shall con¬ sist of the specific objectives and measures the Commission intends to administer under subsection (f) during the plan period to imple¬ ment the mitigation and conservation projects and features author¬ ized in this Act.

PUBLIC LAW 102-575— OCT. 30, 1992

106 STAT. 4629

(2) Final Plan. — Within six months prior to the expiration of the Commission pursuant to this Act, the Commission shall develop and adopt a plan which shall —

(A) establish goals and measurable objectives for the miti¬ gation and conservation of fish, wildlife, and recreation resources during the five-year period following such expiration; and

(B) recommend specific measures for the expenditure of funds from the Account established under section 402 of this Act.

(3) Public Involvement and Agency Consultation. — (A) Promptly after the Commission is established under this section, and in each succeeding fiscal year, the Commission shall request in writing from the Federal and State fish, wildlife, recreation, and water management agencies, the appropriate Indian tribes, and county and municipal entities, and the public, recommendations for objectives and measures to implement the mitigation and con¬ servation projects and features authorized in this Act or amend¬ ments thereto. The Commission shall establish by rule a period of time not less than ninety days in length within which to receive such recommendations, as well as the format for and the informa¬ tion and supporting data that is to accompany such recommenda¬ tions.

(B) The Commission shall give notice of all recommendations and shall make the recommendations and supporting documents available to the Federal and State fish, wildlife, recreation, and water management agencies, the appropriate Indian tribes, and the public. Copies of such recommendations and supporting docu¬ ments shall be made available for review at the offices of the Commission and shall be available for reproduction at reasonable cost.

(C) The Commission shall provide for public involvement regarding the recommendations and supporting documents within such reasonable time as the Commission by rule deems appropriate.

(4) The Commission shall develop and amend the plans on the basis of such recommendations, supporting documents, and views and information obtained through public involvement and agency consultation. The Commission shall include in the plans measures which it determines, on the basis set forth in paragraph (6(1), will—

(A) restore, maintain, or enhance the biological productivity and diversity of natural ecosystems within the State and have substantial potential for providing fish, wildlife, and recreation mitigation and conservation opportunities;

(B) be based on, and supported by, the best available sci¬ entific knowledge;

(C) utilize, where equally effective alternative means of achieving the same sound biological or recreational objectives exist, the alternative that will also provide public benefits through multiple resource uses;

(D) complement the existing and future activities of the Federal and State fish, wildlife, and recreation agencies and appropriate Indian tribes;

(E) utilize, when available, cooperative agreements and partnerships with private landowners and nonprofit conserva¬ tion organizations; and

Regulations.

Public

information.

106 STAT. 4630

PUBLIC LAW 102-575— OCT. 30, 1992

(F) be consistent with the legal rights of appropriate Indian tribes.

Enhancement measures may be included in the plans to the extent such measures are designed to achieve improved conservation or mitigation of resources.

(5) Agency Consultation. — Commission plans developed in accordance with this subsection, or implemented under subsection (f), that affect National Forest System lands shall be developed and implemented in consultation with the Secretary of Agriculture.

(6) Reporting. — (A) Beginning on December 1 of the first fiscal year in which all members of the Commission are appointed ini¬ tially, the Commission shall submit annually a detailed report to the Committee on Energy and Natural Resources of the Senate, to the Committees on Interior and Insular Affairs and on Merchant Marine and Fisheries of the House of Representatives, to the Sec¬ retary, and to the Governor of the State. The report shall describe the actions taken and to be taken by the Commission under this section, the effectiveness of the mitigation and conservation meas¬ ures implemented to date, and potential revisions or modifications to the applicable mitigation and conservation plan.

(B) At least sixty days prior to its submission of such report, the Commission shall make a draft of such report available to the Federal and State fish, wildlife, recreation, and water manage¬ ment agencies, the appropriate Indian tribes, and the public, and establish procedures for timely comments thereon. The Commission shall include a summary of such comments as an appendix to such report.

(h) Discretionary Duties and Powers.— In addition to any other duties and powers provided by law —

(1) The Commission may depart from the fish, wildlife, and recreation mitigation and conservation schedule specified in section 315 whenever the Commission determines, after pub¬ lic involvement and agency consultation as provided for in this Act, that such departure would be of greater benefit to fish, wildlife, or recreation: Provided , however, That the Commission shall obtain the prior approval of the United States Fish and Wildlife Service for any reallocation from fish or wildlife purposes to recreation purposes of any of the funds authorized in the schedule in section 315.

(2) The Commission may, for the purpose of carrying out this Act —

(A) hold such public meetings, sit and act at such times and places, take such testimony, and receive such evidence, as a majority of the Commission considers appro¬ priate; and

(B) meet jointly with other Federal or State authorities to consider matters of mutual interest.

(3) The Commission may secure directly from any depart¬ ment or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Director of the Commission, the head of such department or agency shall furnish such information to the Commission. At the discre¬ tion of the department or agency, such information may be provided on a reimbursable basis.

(4) The Commission may accept, use, and dispose of appro¬ priations, gifts or grants of money or other property, or dona-

PUBLIC LAW 102-575— OCT. 30, 1992

106 STAT. 4631

tions of services, from whatever source, only to carry out the purposes of this Act.

(5) The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States.

(6) The Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request.

(7) The Commission may acquire and dispose of personal and real property and water rights, and interests therein, through donation, purchase on a willing seller basis, sale, or lease, but not through direct exercise of the power of eminent domain, in order to carry out the purposes of this Act. This provision shall not affect any existing authorities of other agen¬ cies to carry out the purposes of this Act.

(8) The Commission may make such expenditures for offices, vehicles, furnishings, equipment, supplies, and books; for travel, training, and attendance at meetings; and for such other facilities and services as may be necessary for the administration of this Act.

(9) The Commission shall not participate in litigation, except litigation pursuant to subsection (1) or condemnation proceedings initiated by other agencies.

(1) Funding.— (1) Amounts appropriated to the Secretary for the Commission shall be paid to the Commission immediately upon receipt of such funds by the Secretary. The Commission shall expend such funds in accordance with this Act.

(2) For each fiscal year, the Commission is authorized to use for administrative expenses an amount equal to 10 percent of the amounts available to the Commission pursuant to this Act during such fiscal year, but not to exceed $1,000,000. Such amount shall be increased by the same proportion as the contributions to the Account under section 402(b)(3)(C).

(j) Availability of Unexpended Amounts Upon Completion of Construction Projects. — Notwithstanding any other provision of law, upon the completion of any project authorized under this title, Federal funds appropriated for that project but not obligated or expended shall be deposited in the Account pursuant to section 402(bX4XD) and shall be available to the Commission in accordance with section 402(cX2).

(k) Transfer of Property and Authority Held by the Commission. — Except as provided in section 402(b)(4XA), upon the termination of the Commission in accordance with subsection (b) —

(1) the duties of the Commission shall be performed by the Utah Division of Wildlife Resources, which shall exercise such authority in consultation with the United States Fish and Wildlife Service, the District, the Bureau, and the Forest Service; and

(2) title to any real and personal properties then held by the Commission shall be transferred to the appropriate division within Utah Department of Natural Resources or, for such parcels of real property as may be within the boundaries of Federal land ownerships, to the appropriate Federal agency.

(l) Representation by Attorney General.— The Attorney General of the United States shall represent the Commission in any litigation to which the Commission is a party.

(m) Congressional Oversight. — The activities of the Commis¬ sion shall be subject to oversight by the Congress.

(n) Termination of Bureau Activities.— Upon appointment of the Commission as provided in subsection (b), the responsibility for implementing section 8 funds for mitigation and conservation projects and features authorized in this Act shall be transferred from the Bureau to the Commission.

SEC. 302. INCREASED PROJECT WATER CAPABILITY.

(a) Acquisition. — The District shall acquire, on an expedited basis with funds to be provided by the Commission in accordance with the schedule specified in section 315, by purchase from willing sellers or exchange, twenty-five thousand acre-feet of water rights in the Utah Lake drainage basin to achieve the purposes of this section. Water purchases which would have the effect of compromis¬ ing groundwater resources or dewatering agricultural lands in the Upper Provo River areas should be avoided. Of the amounts author¬ ized to be appropriated by section 201, $15,000,000 shall be avail¬ able only for the purposes of this subsection.

(b) Nonconsumptive Rights.— A nonconsumptive right in perpetuity to any water acquired under this section shall be ten¬ dered in accordance with the laws of the State of Utah within thirty days of its acquisition by the District to the Utah Division of Wildlife Resources for the purposes of maintaining instream flows provided for in section 303(cX3) and 303(cX4) for fish, wildlife, and recreation in the Provo River.

(c) Authorization of Appropriations.— Of the amounts authorized to be appropriated by section 201, $4,000,000 shall be available only to modify existing or construct new diversion struc¬ tures on the Provo River below the Murdock diversion to facilitate the purposes of this section.

SEC. 303. STREAM FLOWS.

(a) Stream Flow Agreement.— The District shall annually provide, from project water if necessary, amounts of water sufficient to sustain the minimum stream flows established pursuant to the Stream Flow Agreement.

(b) Increased Flows in the Upper Strawberry River Tribu¬ taries. — (1) the District shall acquire, on an expedited basis with funds to be provided by the Commission, or by the Secretary in the event the Commission has not been established, in accordance with State law, the provisions of this section, and the schedule specified in section 315, all of the Strawberry basin water rights being diverted to the Heber Valley through the Daniels Creek drainage and shall apply such rights to increase minimum stream flows —

(A) in the upper Strawberry River and other tributaries to the Strawberry Reservoir;

(B) in the lower Strawberry River from the base of Soldier Creek Dam to Starvation Reservoir; and

(C) in other streams within the Uinta basin affected by the Strawberry Collection System in such a manner as deemed by the Commission in consultation with the United States Fish and Wildlife Service and the Utah State Division of Wild¬ life Resources to be in the best interest of fish and wildlife.

The Commission’s decision under subparagraph (C) shall not estab¬ lish a statutory or otherwise mandatory minimum stream flow.

PUBLIC LAW 102-575— OCT. 30, 1992

106 STAT. 4633

(2) The District may acquire the water rights identified in paragraph (1) prior to completion of the facilities identified in paragraph (3) only by lease and for a period not to exceed two years from willing sellers or by replacement or exchange of water in kind. Such leases may be extended for one additional year with the consent of Wasatch and Utah counties. The District shall

Eroceed to fulfill the purposes of this subsection on an expedited asis but may not lease water from the Daniels Creek Irrigation Company before the beginning of fiscal year 1993.

(3XA) The District shall construct with funds provided for in

Saragraph (4) a Daniels Creek replacement pipeline from the ordanelle Reservoir to the existing Daniels Creek Irrigation Com¬ pany Water storage facility for the purpose of providing a permanent replacement of water in an amount equal to the Strawberry basin water being supplied by the District for stream flows provided in paragraph (1) which would otherwise have been diverted to the Darnels Creek drainage.

(B) Such Daniels Creek replacement water may be exchanged by the District in accordance with State law with the Strawberry basin water identified above to provide a permanent supply of water for minimum flows provided in paragraph (1). Any such

Eermanent replacement water so exchanged into the Strawberry asin by the District shall be tendered in accordance with State law within thirty days of its exchange by the District to the Utah Division of Wildlife Resources for the purposes of providing stream flows under paragraph (1).

(C) The Daniels Creek replacement water to be supplied by the District shall be at least equal in quality and reliability to the Daniels Creek water being replaced and shall be provided by the District at a cost to the Daniels Creek Irrigation Company which does not exceed the cost of supplying existing water deliveries (including operation and maintenance) through the Daniels Creek diversion.

(4) Of the amounts authorized to be appropriated by section 201, $10,500,000 shall be available to fulfill the purposes of this section as follows:

(A) $500,000 for leasing of water pursuant to paragraph

(2).

(B) $10,000,000 for construction of the Daniels Creek replacement pipeline.

(C) Funds provided by this paragraph shall not be subject to the requirements of section 204 and shall be included in the final cost allocation provided for in section 211; except that not less than $3,500,000 shall be treated as an expense under section 8, and $7,000,000 shall be treated as an expense under section 5 of the Act of April 11, 1956 (70 Stat. 110; 43 U.S.C. 105).

(D) Funds provided for the Daniels Creek replacement pipeline may be expended so as to integrate such pipeline with the Wasatch County conservation measures provided for in section 207(eX2) and the Wasatch County Water Efficiency Project authorized in section 202(aX3).

(c) Stream Flows in the Bonneville Unit.— The yield and operating plans for the Bonneville Unit of the Central Utah Project shall be established or adjusted to provide for the following mini¬ mum stream flows, which flows shall be provided continuously and in perpetuity from the date first feasible, as determined by

106 STAT. 4634

PUBLIC LAW 102-575— OCT. 30, 1992

the Commission in consultation with the United States Fish and Wildlife Service and the Utah State Division of Wildlife Resources:

(1) In the Diamond Fork River drainage subsequent to completion of the Monks Hollow Dam or other structure that rediverts water from the Diamond Fork River Drainage into the Diamond Fork component of the Bonneville Unit of the Central Utah Project —

(A) in Sixth Water Creek, from the exit of Strawberry Valley Tunnel to the Last Chance Powerplant and Switch¬ yard, not less than thirty-two cubic feet per second during the months of May through October and not less than twenty-five cubic feet per second during the months of November through April, and

(B) in the Diamond Fork River, from the bottom of the Monks Hollow Dam to the Spanish Fork River, not less than eighty cubic feet per second during the months of May through September and not less than sixty cubic feet per second during the months of October through April, which flows shall be provided by the Bonneville Unit of the Central Utah Project.

(2) In the Provo River from the base of Jordanelle Dam to Deer Creek Reservoir a minimum of one hundred and twenty- five cubic feet per second.

(3) In the Provo River from the confluence of Deer Creek and the Provo River to the Olmsted Diversion a minimum of one hundred cubic feet per second.

(4) Upon the acquisition of the water rights in the Provo Drainage identified in section 302, in the Provo River from the Olmsted Diversion to Utah Lake, a minimum of seventy- five cubic feet per second.

(5) In the Strawberry River, from the base of Starvation Dam to the confluence with the Duchesne River, a minimum of fifteen cubic feet per second.

(d) Mitigation of Excessive Flows in the Provo River. — The District shall, with public involvement, prepare and conduct a study and develop a plan to mitigate the effects of peak season flows in the Provo River. Such study and plan shall be developed in consultation with the Fish and Wildlife Service, the Utah Division of Water Rights, the Utah Division of Wildlife Resources, affected water right holders and users, the Commission, and the Bureau. The study and plan shall discuss and be based upon, at a minimum, all mitigation and conservation opportunities identified through —

(1) a fishery and recreational use study that addresses anticipated peak flows;

(2) study of the mitigation and conservation opportunities possible through habitat or stream bed modification;

(3) study of the mitigation and conservation opportunities associated with the operating agreements referred to in section 209;

(4) study of the mitigation and conservation opportunities associated with the water acquisitions contemplated by section 302;

(5) study of the mitigation and conservation opportunities associated with section 202(2);

(6) study of the mitigation and conservation opportunities available in connection with water right exchanges; and

PUBLIC LAW 102-575— OCT. 30, 1992

106 STAT. 4635

(7) study of the mitigation and conservation opportunities

that could be achieved by construction of a bypass flowline

from the base of Deer Creek Reservoir to the Olmsted Diversion.

(e) Earmark.— Of the amounts authorized to be appropriated by section 201, $500,000 shall be available only for the implementa¬ tion of subsection (d).

(f) Strawberry Valley Tunnel.— (1) Upon completion of the Diamond Fork System, the Strawberry Tunnel shall not be used except for deliveries of water for the instream purposes specified in subsection (c). All other waters for the Bonneville Unit and Strawberry Valley Reclamation Project purposes shall be delivered through the Diamond Fork System.

(2) Paragraph (1) shall not apply during any time in which the District, in consultation with the Commission, has determined that the Syar Tunnel or the Sixth Water Aqueduct is rendered unusable or emergency circumstances require the use of the Straw¬ berry Valley Tunnel for the delivery of contracted Central Utah Project water and Strawberry Valley Reclamation Projec^water.

SEC. 304. FISH, WILDLIFE, AND RECREATION PROJECTS IDENTIFIED OR PROPOSED IN THE 1988 DEFINITE PLAN REPORT FOR THE CENTRAL UTAH PROJECT.

The fish, wildlife, and recreation projects identified or proposed in the 1988 Definite Plan Report which have not been completed as of the date of enactment of this Act shall be completed in accordance with the 1988 Definite Plan Report and the schedule specified in section 315, unless otherwise provided in this Act.

SEC. 305. WILDLIFE LANDS AND IMPROVEMENTS.

(a) Acquisition of Rangelands.— In addition to lands acquired on or before the date of enactment of this Act and in addition to the acreage to be acquired in accordance with the 1988 Definite Plan Report, the Commission shall acquire on an expedited basis from willing sellers, in accordance with the schedule specified in section 315 and a plan to be developed by the Commission, big game winter range lands to compensate for the impacts of Federal reclamation projects in Utah. Such lands shall be transferred to the Utah Division of Wildlife Resources or, for such parcels as may be within the boundaries of Federal land ownerships, to the appropriate Federal agency, for management as a big game winter range. In the case of such transfers, lands acquired within the boundaries of a national forest shall be administered by the Sec¬ retary of Agriculture as a part of the National Forest System. Of the amounts authorized to be appropriated by section 201, $1,300,000 shall be available only for the purposes of this sub¬ section.

(b) Big Game Crossings and Wildlife Escape Ramps.— In addition to the measures to be taken in accordance with the 1988 Definite Plan Report, the Commission shall construct big game crossings and wildlife escape ramps for the protection of big game animals along the Provo Reservoir Canal, Highline Canal, Straw¬ berry Power Canal, and others. Of the amounts authorized to be appropriated by section 201, $750,000 shall be available only for the purposes of this subsection.

106 STAT. 4636

PUBLIC LAW 102-575— OCT. 30, 1992

Contracts.

SEC. 306. WETLANDS ACQUISITION, REHABILITATION, AND ENHANCE¬ MENT.

(a) Wetlands Around the Great Salt Lake.— Of the amounts authorized to be appropriated by section 201, $14,000,000 shall be available only for the planning and implementation of projects to preserve, rehabilitate, and enhance wetland areas around the Great Salt Lake in accordance with a plan to be developed by the Commission.

(b) Inventory of Sensitive Species and Ecosystems. — (1) The Commission shall, in cooperation with the Utah Division of Wildlife Resources and other appropriate State and Federal agen¬ cies, inventory, prioritize, and map the occurrences in Utah of sensitive nongame wildlife species and their habitats.

(2) Of the amounts authorized to be appropriated by section 201, $750,000 shall be available only to carry out paragraph (1) of this section.

(3) The Commission shall, in cooperation with the Utah Depart¬ ment of Natural Resources and other appropriate State and Federal agencies, inventory, prioritize, and map the occurrences in Utah of sensitive plant species and ecosystems.

(4) Of the amounts authorized to be appropriated by section 201, $750,000 shall be available for the Utah Natural Heritage Program only to carry out paragraph (3) of this section.

(c) Utah Lake Wetlands Preserve.— (1) The Commission, in consultation with the Utah Division of Wildlife Resources and the United States Fish and Wildlife Service, shall, in accordance with paragraph (9), acquire private land, water rights, conservation easements, or other interests therein, necessary for the establish¬ ment of a wetlands preserve adjacent to or near the Goshen Bay and Beqjamin Slough areas of Utah Lake as depicted on a map entitled “Utah Lake Wetland Preserve” and dated September 1990. Such a map shall be on file and available for inspection in the office of the Secretary of the Interior, Washington, District of Columbia.

(2) The Secretary shall enter into an agreement under which the Wetlands Preserve acquired under paragraph (1) shall be man¬ aged by the Utah Division of Wildlife Resources pursuant to a plan developed in consultation with the Secretary and in accordance with this Act and the substantive requirements of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.).

(3) The Wetlands Preserve shall be managed for the protection of migratory birds, wildlife habitat, and wetland values in a manner compatible with the surrounding farmlands, orchards, and agricul¬ tural production area. Grazing will be allowed for wildlife habitat management purposes in accordance with the Act referenced in paragraph (2) ana as determined by the Division to be compatible with the purposes stated herein.

(4) Nothing in this subsection shall restrict traditional agricul¬ tural practices (including the use of pesticides) on adjacent prop¬ erties not included in the preserve by acquisition or easement.

(5) Nothing in this subsection shall affect existing water rights under Utah State law.

(6) Nothing in this subsection shall grant authority to the Secretary to introduce a federally protected species into the wet¬ lands preserve.

PUBLIC LAW 102-575— OCT. 30, 1992

106 STAT. 4637

(7) The creation of this preserve shall not in any way interfere with the operation of the irrigation and drainage system authorized by section 202(aXl).

(8) All water rights not appurtenant to the lands purchased for the Wetlands Preserve acquired under paragraph (1) shall be purchased from the District at an amount not to exceed the cost of the District in acquiring such rights.

(9) Of the amounts authorized to be appropriated by section 201, $16,690,000 shall be available for acquisition of the lands, water rights, and other interests therein described in paragraph

(1) of this subsection for the establishment of the Utah Lake Wet¬ land Preserve.

(10) Lands, easements, or water rights may not be acquired pursuant to this subsection without the consent of the owner of such lands or water rights.

(11) Base property of a lessee or permittee (and the heirs of such lessee or permittee) under a Federal grazing permit or lease held on the date of enactment of this Act shall include any land of such lessee or permittee acquired by the Commission under this subsection.

(d) Provo Bay. — In order to protect wetland habitat, the United States shall not issue any Federal permit which allows commercial, industrial, or residential development on the southern portion of Provo Bay in Utah Lake, as described herein and depicted on a map dated October 11, 1990, except that recreational development consistent with wildlife habitat values shall be permitted. The southern portion of Provo Bay referred to in this subsection shall be that area extending two thousand feet out into the Bay from the ordinary high water line on the south shore of Provo Bay, beginning at a point at the mouth of the Spanish Fork River and extending generally eastward along the ordinary high water line to the intersection of such line with the Provo City limit, as it existed as of October 10, 1990, on the east shore of the Bay. Such a map shall be on file and available for inspection in the office of the Secretary of the Interior, Washington, District of Columbia. Nothing in this Act shall restrict present or future development of the Provo City Airport or airport access roads along the north side of Provo Bay.

SEC. 307. FISHERIES ACQUISITION, REHABILITATION, AND ENHANCE¬ MENT.

Of the amounts authorized to be appropriated by section 201, the following amounts shall be in addition to amounts available under the 1988 Definite Plan Report and shall be available only for fisheries acquisition, rehabilitation, and improvement within the State:

(1) $750,000 for fish habitat restoration on the Provo River between the Jordanelle and Deer Creek Reservoirs.

(2) $4,000,000 for fish habitat restoration in streams impacted by Federal reclamation projects in Utah.

(3) $1,000,000 for the restoration of tributaries of the Strawberry Reservoir to assure trout spawning recruitment.

(4) $1,500,000 for post-treatment management and fishery development costs at the Strawberry Reservoir.

(5) $1,000,000 for (A) a study to be conducted as directed by the Commission to determine the appropriate means for

106 STAT. 4638

PUBLIC LAW 102-575— OCT. 30, 1992

improving Utah Lake as a warm water fishery and other related issues; and

(B) development of facilities and programs to implement management objectives.

(6) $1,000,000 for fish habitat restoration and improve¬ ments in the Diamond Fork River and Sixth Water Creek drainages.

(7) $475,000 for the restoration of native cutthroat trout populations in streams and lakes in the Bonneville Unit project area.

(8) $2,500,000 for watershed restoration and improvements, erosion control, and wildlife habitat restoration and improve¬ ments in the Avintaquin, Red, and Currant Creek drainages and other Strawberry River drainages affected by the develop¬ ment of Federal reclamation projects in Utah.

SEC. 308. STABILIZATION OF HIGH MOUNTAIN LAKES IN THE UINTA MOUNTAINS.

(a) Revision of Plan.— The project plan for the stabilization of high mountain lakes in the Upper Provo River drainage shall be revised to require that the following lakes will be stabilized at levels beneficial for fish habitat and recreation: Big Elk, Crystal, Duck, Fire, Island, Long, Wall, Maijorie, Pot, Star, Teapot, and Weir. Overland access by vehicles or equipment for stabilization and irrigation purposes under this subsection shall be minimized within tne Lakes Management Area boundary, as depicted on the map in the Wasatch-Cache National Forest Plan (p. IV-166, dated 1987), to a level of practical necessity.

(b) Costs of Rehabilitation.— (1) The costs of rehabilitating water storage features at Trial, Washington, and Lost Lakes, which are to be used for project purposes, shall be borne by the project from amounts made available pursuant to section 201. Existing roads may be used for overland access to carry out such rehabil¬ itation.

(2) The costs of stabilizing each of the lakes referred to in subsection (a) which is to be used for a purpose other than irrigation shall be treated as an expense under section 8.

(c) Fish and Wildlife Habitat.— Of the amounts authorized to be appropriated by section 201, $5,000,000 shall be available only for stabilization and fish and wildlife habitat restoration in the lakes referred to in subsection (a). This amount shall be in addition to the $7,538,000 previously authorized for appropriation under section 5 of the Act of April 11, 1956 (43 U.S.C. 620g) for the stabilization and rehabilitation of the lakes described m this section.

SEC. 309. STREAM ACCESS AND RIPARIAN HABITAT DEVELOPMENT.

(a) In General. — Of the amounts authorized to be appropriated by section 201, the following amounts shall be in addition to amounts available under the 1988 Definite Plan Report and shall be available only for stream access and riparian habitat develop¬ ment in the State:

(1) $750,000 for rehabilitation of the Provo River riparian habitat development between Jordanelle Reservoir ana Utah Lake.

(2) $250,000 for rehabilitation and development of water¬ sheds and riparian habitats along Diamond Fork and Sixth Water Creek.

PUBLIC LAW 102-575— OCT. 30, 1992

106 STAT. 4639

(3) $350,000 for additional watershed stabilization, terres¬ trial wildlife and riparian habitat improvements, and road clo¬ sures within the Central Utah Project area.

(4) $8,500,000 for the acquisition of additional recreation and angler accesses and riparian habitats, which accesses and habitats shall be acquired m accordance with the recommenda¬ tion of the Commission.

(b) Study of Impact to Wildlife and Riparian Habitats Which Experience Reduced Water Flows as a Result of the Strawberry Collection System.— Of the amounts authorized to be appropriated by section 201, $400,000 shall be available only for tne Commission to conduct a study of the impacts to soils and riparian fish and wildlife habitat in drainages that will experi¬ ence substantially reduced water flows resulting from the operation of the Strawberry Collection System. The study shall identify miti¬ gation opportunities that represent alternatives to increasing stream flows and make recommendations to the Commission.

SEC. 310. SECTION 8 EXPENSES.

(a) Unless otherwise expressly provided, all of the amounts authorized to be appropriated by this Act and listed in subsection

(b) of this section shall be treated as expenses under section 8.

(b) The sections referred to in subsection (a) of this section are as follows: title III, and section 402(bX2).

SEC. 311. JORDAN AND PROVO RIVER PARKWAYS AND NATURAL AREAS.

(a) Fisheries. — Of the amounts authorized to be appropriated by section 201, $1,150,000 shall be available only for fish habitat improvements to the Jordan River.

(b) Riparian Habitat Rehabilitation. — Of the amounts authorized to be appropriated by section 201, $750,000 shall be available only for Jordan River riparian habitat rehabilitation, which amount shall be in addition to amounts available under the 1988 Definite Plan Report.

(c) Wetlands. — Of the amounts authorized to be appropriated by section 201, $7,000,000 shall be available only for the acquisition of wetland acreage, including those along the Jordan River identi¬ fied by the multi-agency technical committee for the Jordan River Wetlands Advance Identification Study.

(d) Recreational Facilities.— (1) Of the amounts authorized to be appropriated by section 201, $500,000 shall be available only to construct recreational facilities within Salt Lake County proposed by the State of Utah for the “Provo/Jordan River Park- wav’, a description of which is set forth in the report to accompany the bill H.R. 429 (S. Rept. 102-267).

(2) Of the amounts authorized to be appropriated by section 201, $500,000 shall be available only to construct recreational facili¬ ties within Utah and Wasatch Counties proposed by the State of Utah for the “Provo/Jordan River Parkway", a description of which is set forth in the report to accompany the bill H.R. 429 (S. Rept. 102-267).

(e) Provo River Corridor. — Of the amounts authorized to be appropriated by section 201, $1,000,000 shall be available only for npanan habitat acquisition and preservation, stream habitat improvements, and recreation and angler access provided on a willing seller basis along the Provo River from the Murdock diver-

106 STAT. 4640

PUBLIC LAW 102-575— OCT. 30, 1992

sion to Utah Lake, as determined by the Commission after consulta¬ tion with local officials.

SEC. 312. RECREATION.

Of the amounts authorized to be appropriated by section 201, the following amounts shall be available to the Commission only for Central Utah Project recreation features:

(a) $2,000,000 for Utah Lake recreational improvements as proposed by the State and local governments.

(b) $750,000 for additional recreation improvements, which shall be made in accordance with recommendations made by the Commission, associated with Central Utah Project features and affected areas, including camping facilities, hiking trails, and signing.

SEC. 313. FISH AND WILDLIFE FEATURES IN THE COLORADO RIVER STORAGE PROJECT.

Of the amounts authorized to be appropriated by section 201, the following amounts shall be available only to provide mitigation and restoration of watersheds and fish and wildlife resources in Utah impacted by the Colorado River Storage Project:

(a) Habitat Improvements in Certain Drainages. — $1,125,000 shall be available only for watershed and fish and wild¬ life improvements in the Fremont River drainage, which shall be expended in accordance with a plan developed by the Commission in consultation with the Wayne County Water Conservancy District.

(b) Small Dams and Watershed Improvements.— $4,000,000 shall be available only for land acquisition for the purposes of watershed restoration and protection in the Albion Basin in the Wasatch Mountains and for restoration and conservation related improvements to small dams and watersheds on State of Utah lands and National Forest System lands within the Central Utah Project and the Colorado River Storage Project area in Utah, which amounts shall be expended in accordance with a plan developed by the Commission.

(c) Fish Hatchery Production.— $22,800,000 shall be avail¬ able only for the planning and implementation of improvements to existing hatchery facilities or the construction and development of new fish hatcheries to increase production of warmwater and coldwater fishes for the areas affected by the Colorado River Storage Project in Utah. Such improvements and construction shall be implemented in accordance with a plan identifying the long-term needs and management objectives for hatchery production prepared by the United States Fish and Wildlife Service, in consultation with the Utah Division of Wildlife Resources, and adopted by the Commission. The cost of operating and maintaining such new or improved facilities shall be borne by the Secretary.

SEC. 314. CONCURRENT MITIGATION APPROPRIATIONS.

Notwithstanding any other provision of this Act, the Secretary is directed to allocate funds appropriated for each fiscal year pursu¬ ant to titles H through IV of this Act as follows:

(a) Deposit the Federal contribution to the Account author¬ ized in section 402(b)(2).

(b) Of any remaining funds, allocate the amounts available for implementation of the mitigation and conservation projects and features specified in the schedule in section 315 concur-

PUBLIC LAW 102-575— OCT. 30, 1992

106 STAT. 4641

rently with amounts available for implementation of title II of this Act.

(c) Of the amounts allocated for implementation of the mitigation and conservation projects and features specified in the schedule in section 315, three percent of the total shall be used by the Secretary to fulfill subsections (d) and (e) of this section.

(d) The Secretary shall use the sums identified in sub¬ section (c) outside the State of Utah to:

(1) restore damaged natural ecosystems on public lands and waterways affected by the Federal Reclamation pro¬ gram;

(2) acquire, from willing sellers only, other lands and properties, including water rights, or appropriate interests therein, with restorable damaged natural ecosystems, and restore such ecosystems;

(3) provide jobs and sustainable economic development in a manner that carries out the other purposes of this subsection;

(4) provide expanded recreational opportunities; and

(5) support and encourage research, training, and edu¬ cation in methods and technologies of ecosystem restora¬ tion.

(e) In implementing subsection (d), the Secretary shall give priority to restoration and acquisition of lands and prop¬ erties or appropriate interests therein where repair of compositional, structural, and functional values will:

(1) reconstitute natural biological diversity that has been diminished;

(2) assist the recovery of species populations, commu¬ nities, and ecosystems that are unable to survive on-site without intervention;

(3) allow reintroduction and reoccupation by native flora and fauna;

(4) control or eliminate exotic flora and fauna that are damaging natural ecosystems;

(5) restore natural habitat for the recruitment and survival of fish, waterfowl, and other wildlife;

(6) provide additional conservation values to State and local government lands;

(7) add to structural and compositional values of exist¬ ing ecological preserves or enhance the viability, defensibil- ity, and manageability of ecological preserves; and

(8) restore natural hydrological effects including sedi¬ ment and erosion control, drainage, percolation, and other water quality improvement capacity.

SEC. 315. FISH, WILDLIFE, AND RECREATION SCHEDULE.

The mitigation and conservation projects and features shall be implemented in accordance with the following schedule:

106 STAT. 4642

PUBLIC LAW 102-575— OCT. 30, 1992

FISH, WILDLIFE, AND RECREATION MITIGATION AND CONSERVATION SCHEDULE I. BUDGET TO IMPLEMENT ADDITIONAL RECLAMATION MITIGATION

Projects and Features

Instream flows:

1. a. Lease of Daniels Creek water

rights .

b. Acquisition of Daniels Creek water rights to restore Upper Strawberry River flows and the Daniels Creek replacement pipe¬ line ($3,500,000 shall be treated as section 8) [Sec. 303(b)] .

2. a. Acquisition of 25,000 AF on

Provo River for streamflows from Murdock Diversion to Utah Lake [Sec. 302] .

b. Modify or replace diversion structures on Provo River from Murdock Diversion to Utah Lake [Sec. 302] .

3. Study and mitigation plan for

excessive flows in the Provo River [Sec. 303(d)] .

Subtotal .

Instream flows:

1. a. Lease of Daniels Creek water

rights .

b. Acquisition of Daniels Creek water rights to restore Upper Strawberry River flows and the Daniels Creek replacement pipe¬ line ($3,500,000 shall be treated as section 8) [Sec. 303(b)] .

2. a. Acquisition of 25,000 AF on

Provo River for streamflows from Murdock Diversion to Utah Lake [Sec. 302] .

b. Modify or replace diversion structures on Provo River from Murdock Diverasion to Utah Lake [Sec. 302] .

3. Study and mitigation plan for

excessive flows in the Provo River [Sec. 303(d)] .

Subtotal .

Wildlife lands and improvement:

1. Acquisition of big game winter

range [Sec. 305(a)] .

2. Construction of big game cross¬

ings and escape ramps — Provo Res. Canal, Highline Canal, Strawberry Power Canal or oth¬ ers [Sec. 305(b)] .

Subtotal .

Wildlife lands and improvement:

1. Acquisition of big game winter range [Sec. 305(a)] .

Appropriations (Thousands of 1990 Dollars)

TOTAL

FY93

FY94

FY95

$500

$10,000

$15,000

$5,000

5,000

$4,000

$500

$1,500

$500

$100

$30,000

$16,100

$6,600

FY96

FY97

FY98

$500

$100

$600

$100

TOTAL

FY93

FY94

FY95

$1,300

$100

$200

$750

$250

$2,050

$100

$450

FY96

FY97

FY98

$500

PUBLIC LAW 102-575— OCT. 30, 1992

106 STAT. 4643

FISH, WILDLIFE, AND RECREATION MITIGATION AND CONSERVATION SCHEDULE— Continued I. BUDGET TO IMPLEMENT ADDITIONAL RECLAMATION MITIGATION

Projects and Features

2. Construction of big game cross¬ ings and escape ramps — Provo Res. Canal, Highline Canal, Strawberry Power Canal or oth¬ ers [Sec. 305(b)] .

Subtotal .

Wetland acquisition, rehabilitation, and development:

1. Rehabilitation & enhancement

of wetlands around Great Salt Lake [Sec. 306(a)] .

2. Wetland acquisition along the

Jordan River [Sec. 311(c)] .

3. Inventory of sensitive species

and ecosystems [Sec. 306(b)] .

4. Acquisition of lands, waters,

and interests for Utah Lake Wetland Preserve [Sec. 306(cX9)] .

Subtotal .

Wetland acquisition, rehabilitation, and development:

1. Rehabilitation & enhancement

of wetlands around Great Salt Lake [Sec. 306(a)] .

2. Wetland acquisition along the

Jordan River [Sec. 311(c)] .

3. Inventory of sensitive species

and ecosystems [Sec. 306(b)] .

4. Acquisition of lands, waters,

and interests for Utah Lake Wetland Preserve [Sec. 303(cX9)] .

Subtotal .

Fisheries acquisition and restoration:

1. Fish habitat restoration on

Provo River between Jordanelle Dam and Deer Creek Reservoir [Sec. 307(1)] .

2. Fish habitat improvements to

streams impacted by Federal reclamation projects in Utah [Sec. 307(2)] .

3. Rehabilitation of tributaries to

Strawberry Reservoir for trout reproduction [Sec. 307(3)] .

4. Strawberry Reservoir post¬

treatment management and de¬ velopment [Sec. 307(4)] .

5. Study and facilitate develop¬ ment to improve Utah Lake warm-water fishery [Sec. 307(5)]

Appropriations (Thousands of 1990 Dollars)

TOTAL

FY93

FY94

FY95

$250

$750

FY96

FY97

FY98

$14,000

$1,000

$2,600

$7,000

$300

$1,200

$1,500

$250

$16,690

$1,690

$3,000

$39,190

$3,240

$7,050

$7,350

FY96

FY97

FY98

$2,600

$2,000

$2,600

$250

$3,000

$7,850

$5,850

TOTAL

FY93

FY94

FY95

$750

$50

$100

$4,000

$400

$600

$1,000

$200

$1,500

$300

$1,000

$150

$200

106 STAT. 4644

PUBLIC LAW 102-575— OCT. 30, 1992

FISH, WILDLIFE, AND RECREATION MITIGATION AND CONSERVATION SCHEDULE— Continued I. BUDGET TO IMPLEMENT ADDITIONAL RECLAMATION MITIGATION

Projects and Features

Appropriations (Thousands of 1990 Dollars)

TOTAL

FY93

FY94

FY95

6. Fish habitat improvements to Diamond Fork and Sixth Water Creek drainages [Sec. 307(6)] ....

$1,000

7. Restoration of native cutthroat trout populations [Sec. 307(7)] ...

8. Fish habitat improvements to the Jordan River [Sec. 311(a)] ...

9. Stabilization of Upper Provo

River reservoirs for fishery im¬ provement [Sec. 308] . . .

10. Development of additional fish

hatchery production for CRSP waters in Utah [Sec. 313] .

Subtotal .

Fisheries acquisition and restoration:

1. Fish habitat restoration on

Provo River between Jordanelle Dam and Deer Creek Reservoir [Sec. 307(1)] .

2. Fish habitat improvements to

streams impacted by Federal reclamation projects in Utah [Sec. 307(2)] .

3. Rehabilitation of tributaries to

Strawberry Reservoir for trout reproduction [Sec. 307(3)] .

4. Strawberry Reservoir post¬

treatment management and de¬ velopment [Sec. 307(4)] .

5. Study and facilitate develop¬ ment to improve Utah Lake warmwater fishery [Sec. 307(5)]

6. Fish habitat improvements to Diamond Fork and Sixth Water

$475

$50

$7£

$1,150

$1(X

$5,000

$22,800

$38,675

FY96

$100

$850

FY97

$3,500

$4,600

FY98

$4,2(X

$5,771

$200

$1,000

$200

$300

$150

$1,000

$200

$300

$150

$1,000

$200

Creek drainages [Sec. 307(6)] ....

7. Restoration of native cutthroat trout populations [Sec. 307(7)] ...

8. Fish habitat improvements to the Jordan River [Sec. 311(a)] ...

9. Stabilization of Upper Provo

River reservoirs for fishery im¬ provement [Sec. 308] .

10. Development of additional fish

hatchery production for CRSP waters in Utah [Sec. 313] .

Subtotal .

Watershed improvements:

1. Projects for watershed improve¬ ment, erosion control, wildlife range improvements in Avintaquin Cr, Red Cr, Currant Cr and other drainages [Sec. 307(8)] .

$100

$300

$500

$5,000

$7,850

TOTAL

$2,500

$500

$100

$400

$2,000

$5,000

$9,850

FY93

$400

$100

$350

$2,500

$5,000

$9,750

FY94

$500

FY95

$5C

2. Watershed, stream and riparian improvements in Fremont River drainage [Sec. 313(a)] .

$1,125

$125

$200

$20

PUBLIC LAW 102-575— OCT. 30, 1992

106 STAT. 4645

FISH, WILDLIFE, AND RECREATION MITIGATION AND CONSERVATION SCHEDULE— Continued I. BUDGET TO IMPLEMENT ADDITIONAL RECLAMATION MITIGATION

Projects and Features

3. Small dam and watershed im¬ provements in the CRSP area in Utah [Sec. 313(b)] .

Subtotal .

Watershed Improvements:

1. Projects for watershed improve¬

ment, erosion control, wildlife range improvements in Avintaquin Cr, Red Cr, Currant Cr and other drainages (Sec. 307(8)] .

2. Watershed, stream and riparian

improvements in Fremont River drainage [Sec. 313(a)] .

3. Small dam and watershed im¬

provements in the CRSP area in Utah [Sec. 313(b)] .

Subtotal .

Stream Access and Riparian Habitat Development:

1. Rehabilitation of riparian habi¬

tat along Provo River from Jordanelle Dam to Utah Lake [Sec. 309(aXl)] .

2. Restoration of watersheds and riparian habitats in the Dia¬ mond Fork and Sixth Water Creek drainages [Sec. 309(aX2)]

3. Watershed stabilization, terres¬

trial wildlife habitat improve¬ ments and road closures [Sec. 309(aX3)] .

4. Acquisition of angler and other recreational access, in addition to the 1988 DPR [Sec. 309(aX4)]

5. Study of riparian impacts

caused by CUP from reduced streamflows, and identify miti¬ gation opportunities [Sec. 309(b)] .

6. Riparian rehabilitation and de¬

velopment along Jordan River [Sec. 311(b)] .

Subtotal .

Stream Access and Riparian Habitat Development:

1. Rehabilitation of riparian habi¬

tat along Provo River from Jordanelle Dam to Utah Lake [Sec. 309(aXl)] .

2. Restoration of watersheds and riparian habitats in the Dia¬ mond Fork and Sixth Water Creek drainages [Sec. 309(aX2)]

Appropriations (Thousands of 1990 Dollars)

TOTAL

FY93

FY94

FY95

$4,000

$500

$700

$7,625

$625

$1,400

FY96

FY97

FY98

$500

$200

$700

$1,400

TOTAL

FY93

FY94

FY95

$750

$250

$50

$350

$60

$8,500

$500

$1,000

$1,500

$400

$60

$75

$750

$75

$150

$11,000

$625

$1,400

$2,075

FY96

FY97

FY98

$250

$100

V JUlX U JUU— vuutuiucu

I. BUDGET TO IMPLEMENT ADDITIONAL RECLAMATION MITIGATION

Projects and Features

3. Watershed stabilization, terres¬

trial wildlife habitat improve¬ ments and road closures [Sec. 309(aX3)] .

4. Acquisition of angler and other recreational access, in addition to the 1988 DPR [Sec. 309(aX4)]

5. Study of riparian impacts

caused by CUP from reduced streamflows, and identify miti¬ gation opportunities [Sec. 309(b)3 .

6. Riparian rehabilitation and de¬

velopment along Jordan River [Sec. 311(b)] .

Subtotal .

Recreation funds:

1. Recreational improvements at

Utah Lake [Sec. 312(a)] .

2. Recreation facilities at other

CUP features, as recommended [Sec. 312(b)] .

3. Provo/Jordan River Parkway

Development [Sec. 311(d)] .

4. Provo River corridor develop¬ ment [Sec. 311(e)] .

Subtotal .

Total Additional

Recreation funds:

1. Recreational improvements at

Utah Lake [Sec. 312(a)] .

2. Recreation facilities at other

CUP features, as recommended [Sec. 312(b)] .

3. Provo/Jordan River Parkway

Development [Sec. 311(d)] .

4. Provo River corridor develop¬ ment [Sec. 311(e)] .

Subtotal .

Total Additional

Strawberry collection system:

1. Acquire angler access on about

35 miles of streams identified in the Aquatic Mitigation Plan .

2. Construct fish habitat improve¬

ments on about 70 miles of streams as identified in the Aquatic Mitigation Plan .

3. Rehabilitation of Strawberry

Project wildlife and riparian habitats . . .

Appropriations (Thousands of 1990 Dollars)

$160

$2,176

TOTAL

$4,760

$133,290

FY96

50 $200 200

$950

$21,675

Subtotal

FY93

FY94

$100

$2,000

$76

$50

$160

$150

$2,426

$2,300

FY93

FY94

$126

$276

$50

$100

$75

$76

$175

$626

$21,616

$21,676

FY97

FY98

$400

$150

$300

$350

$300

$350

$1,150

$1,250

$23,526

$20,560

$900

$666

$803

$600

$3,966

$1,403

PUBLIC LAW 102-575— OCT. 30, 1992

106 ST AT. 4647

FISH, WILDLIFE, AND RECREATION MITIGATION AND CONSERVATION SCHEDULE— Continued I. BUDGET TO IMPLEMENT ADDITIONAL RECLAMATION MITIGATION

Projects and Features

Strawberry collection system:

1. Acquire angler access on about

35 miles of streams identified in the Aquatic Mitigation Plan .

2. Construct fish habitat improve¬

ments on about 70 miles of streams as identified in the Aquatic Mitigation Plan .

3. Rehabilitation of Strawberry

Project wildlife and riparian habitats .

Subtotal .

Duchesne canal rehabilitation:

1. Acquire and develop 782 acres along Duchesne River .

Subtotal .

Duchesne canal rehabilitation:

1. Acquire and develop 782 acres along Duchesne River .

Subtotal .

Municipal and industry system:

1. Fence and develop big game on

north shoreline of Jordanelle Reservoir .

2. Acquire angler access to entire

reach of Provo River from Jordanelle Dam to Deer Creek Reservoir .

3. Acquire and develop 100 acres

of wetland at base of Jordanelle Dam .

Subtotal .

Total DPR .

Grand Total .

Municipal and industry system:

1. Fence and develop big game on

north shoreline of Jordanelle Reservoir .

2. Acquire angler access to entire

reach of Provo River from Jordanelle Dam to Deer Creek Reservoir .

3. Acquire and develop 100 acres

of wetland at base of Jordanelle Dam .

Appropriations (Thousands of 1990 Dollars)

TOTAL

FY93

FY94

FY95

FY96

FY97

FY98

$453

$604

$674

$600

$1,053

$1,204

$674

TOTAL

FY93

FY94

FY95

$160

FY96

FY97

FY98

TOTAL

FY93

FY94

FY95

$226

$100

$126

$1,050

$525

$900

$2,176

$1,526

$651

$12,026

$5,651

$2,054

$1,390

$145,316

$27,266

$23,729

$25,740

FY96

FY97

FY98

Subtotal

106 STAT. 4648

PUBLIC LAW 102-575— OCT. 30, 1992

FISH, WILDLIFE, AND RECREATION MITIGATION AND CONSERVATION SCHEDULE— Continued I. BUDGET TO IMPLEMENT ADDITIONAL RECLAMATION MITIGATION

Projects and Features

Appropriations (Thousands of 1990 Dollars)

TOTAL

FY93

FY94

FY95

Total DPR .

$1,053

$1,204

$674

$22,628

$24,729

$21,224

TITLE IV— UTAH RECLAMATION MITIGATION AND CONSERVATION ACCOUNT

SEC. 401. FINDINGS AND PURPOSE.

(a) Findings. — The Congress finds that —

(1) the State of Utah is a State in which one of the largest trans-basin water diversions occurs, dewatering important natural areas as a result of the Colorado River Storage Project;

(2) the State of Utah is one of the most ecologically signifi¬ cant States in the Nation, and it is therefore important to protect, mitigate, and enhance sensitive species and ecosystems through effective long-term mitigation;

(3) the challenge of mitigating the environmental con¬ sequences associated with trans-basin water diversions are com¬ plex and involve many projects and measures (some of which are presently unidentifiable) and the costs for which will con¬ tinue after projects of the Colorado River Storage Project in Utah are completed; and

(4) environmental mitigation associated with the develop¬ ment of the projects of the Colorado River Storage Project in the State of Utah are seriously in arrears.

(b) Purposes. — The purpose of this title is to establish an ongoing account to ensure that —

(1) the level of environmental protection, mitigation, and enhancement achieved in connection with projects identified in this Act and elsewhere in the Colorado River Storage Project in the State of Utah is preserved and maintained;

(2) resources are available to manage and maintain invest¬ ments in fish and wildlife and recreation features of the projects identified in this Act and elsewhere in the Colorado River Storage Project in the State of Utah;

(3) resources are available to address known environmental impacts of the projects identified in this Act and elsewhere in the Colorado River Storage Project in the State of Utah for which no funds are being specifically authorized for appro¬ priation and earmarked under tnis Act; and

(4) resources are available to address presently unknown environmental needs and opportunities for enhancement within the areas of the State of Utah affected by the projects identified in this Act and elsewhere in the Colorado River Storage Project.

SEC. 402. UTAH RECLAMATION MITIGATION AND CONSERVATION ACCOUNT.

(a) Establishment. — There is hereby established in the Treas¬ ury of the United States a Utah Reclamation Mitigation and Con¬ servation Account (hereafter in this title referred to as the

PUBLIC LAW 102-575— OCT. 30, 1992

106 STAT. 4649

“Account”). Amounts in the Account shall be available for the pur¬ poses set forth in section 401(b).

(b) Deposits Into the Account. — Amounts shall be deposited into the Account as follows:

(1) State contributions.— In each of fiscal years 1994 through 2001, or until the fiscal year in which the project is declared substantially complete, whichever occurs first, a voluntary contribution of $3,000,000 from the State of Utah.

(2) Federal contributions.— In each of fiscal years 1994 through 2001, or until the fiscal year in which the project is declared substantially complete, whichever occurs first, $5,000,000 from amounts authorized to be appropriated by section 201, which shall be treated as an expense under section 8.

(3) Contributions from project beneficiaries.— (A) In each of fiscal years 1994 through 2001, or until the fiscal year in which the project is declared substantially complete in accordance with this Act, whichever occurs first, $750,000 in non-Federal funds from the District.

(B) $5,000,000 annually by the Secretary of Energy out of funds appropriated to the Western Area Power Administra¬ tion, such expenditures to be considered nonreimbursable and nonretumable.

(A) and (B) shall be increased proportionally on March 1 of each year by the same percentage increase during the previous calendar year in the Consumer Price Index for urban consum¬ ers, published by the Department of Labor.

(4) Interest and unexpended funds. — (A) Any amount authorized and earmarked for fish, wildlife, or recreation expenditures which is appropriated but not obligated or expended by the Commission upon its termination under section 301.

(B) All funds annually appropriated to the Secretary for the Commission.

(D) Amounts not obligated or expended after the completion of a construction project and available pursuant to section 301G).

(c) Operation of the Account.— (1) All funds deposited as principal in the Account shall earn interest in the amount deter¬ mined by the Secretary of the Treasury on the basis of the current average market yield on outstanding marketable obligations of the United States of comparable maturities. Such interest shall be added to the principal of the Account until completion of the projects and features specified in the schedule in section 315. After comple¬ tion of such projects and features, all interest earned on amounts remaining in or deposited to the principal of the Account shall be available to the Commission pursuant to subsection (cX2) of this section.

(2) The Commission is authorized to administer and expend without further authorization and appropriation by Congress all sums deposited into the Account pursuant to subsections (bX4XD), (bX3XA), and (bX3XB), as well as interest not deposited to the principal of the Account pursuant to paragraph (1) of this sub¬ section. The Commission may elect to deposit funds not expended

under subsections (bX4XD), (b)(3XA), and (bX3XB) into the Account as principal.

(3) All amounts deposited in the Account pursuant to sub¬ sections (b) (1) and (2), and any amount deposited as principal under paragraphs (cXl) and (cX2), shall constitute the principal of the Account. No part of the principal amount may be expended for any purpose.

(d) Administration by the Utah Division of Wildlife Resources. — (1) After the date on which the Commission termi¬ nates under section 301, the Utah Division of Wildlife Resources or its successor shall receive —

(A) all amounts contributed annually to the Account pursu¬ ant to section 402(bX3)(B); and

(B) all interest on the principal of the Account, at the beginning of each year. The portion of the interest earned on the principal of the Account that exceeds the amount required to increase the principal of the Account proportionally on March 1 of each year by the percentage increase during the previous calendar year in the Consumer Price Index for urban consumers published by the Department of Labor, shall be available for expenditure by the Division in accordance with this section.

(2) The funds received by the Utah Division of Wildlife Resources under paragraph (1) shall be expended in a manner that fulfills the purposes of the Account established under this Act, in consultation with and pursuant to, a conservation plan and amendments thereto to be developed by the Utah Division of Wildlife Resources, in cooperation with the United States Forest Service, the Bureau of Land Management of the Department of the Interior, and the United States Fish and Wildlife Service.

(3) The funds to be distributed from the Account shall not be applied as a substitute for funding which would otherwise be provided or available to the Utah Division of Wildlife Resources.

(e) Audit by Inspector General.— The financial management of the Account shall be subject to audit by the Inspector General of the Department of the Interior.

TITLE V— UTE INDIAN RIGHTS SETTLEMENT SEC. 501. FINDINGS.

(a) Findings. — The Congress finds the following —

(1) the unquantified Federal reserved water rights of the Ute Indian Tribe are the subject of existing claims and prospec¬ tive lawsuits involving the United States, the State, and the District and numerous other water users in the Uinta Basin. The State and the Tribe negotiated, but did not implement, a compact to quantify the Tribe’s reserved water rights.

(2) There are other unresolved Tribal claims arising out of an agreement dated September 20, 1965, where the Tribe deferred development of a portion of its reserved water rights for 15,242 acres of the Tribe’s Group 5 Lands in order to facilitate the construction of the Bonneville Unit of the Central Utah Project. In exchange the United States undertook to develop substitute water for the benefit of the Tribe.

(3) It was intended that the Central Utah Project, through construction of the Upalco and Uintah Units (Initial Phase) and the Ute Indian Unit (Ultimate Phase) would provide water

PUBLIC LAW 102-575— OCT. 30, 1992

106 STAT. 4651

for growth in the Uinta Basin and for late season irrigation for both the Indians and non-Indian water users. However, construction of the Upalco and Uintah Units has not been undertaken, in part because the Bureau was unable to find adequate and economically feasible reservoir sites. The Ute Indian Unit has not been authorized by Congress, and there is no present intent to proceed with Ultimate Phase con¬ struction.

(4) Without the implementation of the plans to construct additional storage in the Uinta Basin, the water users (both Indian and non-Indian) continue to suffer water shortages and resulting economic decline.

(b) Purpose. — This Act and the proposed Revised Ute Indian Compact of 1990 are intended to—

(1) quantify the Tribe’s reserved water rights;

(2) allow increased beneficial use of such water; and

(3) put the Tribe in the same economic position it would have enjoyed had the features contemplated by the Septem¬ ber 20, 1965 Agreement been constructed.

SEC. 502. PROVISIONS FOR PAYMENT TO THE UTE INDIAN TRIBE.

(a) Bonneville Unit Tribal Credits. — (1) Commencing one year after the date of enactment of this Act, and continuing for fifty years, the Tribe shall receive from the United States 26 percent of the annual Bonneville Unit municipal and industrial capital repayment obligation attributable to thirty-five thousand five hun¬ dred acre-feet of water, which represents a portion of the Tribe’s water rights that were to be supplied by storage from the Central Utah Project, but will not be supplied because the Upalco and Uintah units are not to be constructed.

(2)(A) Commencing in the year 2042, the Tribe shall collect from the District 7 percent of the then fair market value of thirty- five thousand five hundred acre-feet of Bonneville Unit agricultural water which has been converted to municipal and industrial water. The fair market value of such water shall be recalculated every five years.

(B) In the event thirty-five thousand five hundred acre-feet of Bonneville Unit converted agricultural water to municipal and industrial have not yet been marketed as of the year 2042, the Tribe shall receive 7 percent of the fair market value of the first thirty-five thousand five hundred acre-feet of such water converted to municipal and industrial water. The monies received by the Tribe under this title shall be utilized by the Tribe for governmental purposes, shall not be distributed per capita, and shall be used to enhance the educational, social, and economic opportunities for the Tribe.

(b) Bonneville Unit Tribal Waters.— The Secretary is authorized to make any unused capacity in the Bonneville Unit Strawberry Aqueduct and Collection System diversion facilities available for use by the Tribe. Unused capacity shall constitute capacity, only as available, in excess of the needs of the District for delivery of Bonneville Unit water and for satisfaction of mini¬ mum streamflow obligations established by this Act. In the event that the Tribe elects to place water in these components of the Bonneville1 Unit system, the Secretary and District shall only impose an operation and maintenance charge. Such charge shall commence at the time of the Tribe’s use of such facilities. The operation

106 STAT. 4652

PUBLIC LAW 102-575— OCT. 30, 1992

and maintenance charge shall be prorated on a per acre-foot basis, but shall only include the operation and maintenance costs of facili¬ ties used by the Tribe and shall only apply when the Tribe elects to use the facilities. As provided in the Ute Indian Compact, trans¬ fers of certain Indian reserved rights water to different lands or different uses will be made in accordance with the laws of the State of Utah governing change or exchange applications.

(c) Election To Return Tribal Waters.— Notwithstanding the authorization provided for in subparagraph (b), the Tribe may at any time elect to return all or a portion of the water whicn it delivered under subparagraph (b) for use in the Uinta Basin. Any such Uinta Basin use shall protect the rights of non-Indian water users existing at the time of the election. Upon such election, the Tribe will relinquish any and all rights which it may have acquired to transport such water through the Bonneville Unit facilities.

SEC. 503. TRIBAL USE OF WATER.

(a) Ratification of Revised Ute Indian Compact.— The Revised Ute Indian Compact of 1990, dated October 1, 1990, reserv¬ ing waters to the Ute Indian Tribe and establishing the uses and management of such Tribal waters, is hereby ratified and approved, subject to re-ratification by the State and the Tribe. The Secretary is authorized to take all actions necessary to implement the Com¬ pact.

(b) The Indian Intercourse Act. — The provisions of section 2116 of the Revised Statutes (25 U.S.C. 177) shall not apply to any water rights confirmed in the Compact. Nothing in this sub¬ section shall be considered to amend, construe, supersede or pre¬ empt any State law, Federal law, interstate compact or inter¬ national treaty that pertains to the Colorado River or its tributaries, including the appropriation, use, development and storage, regula¬ tion, allocation, conservation, exportation or quality of those waters.

(c) Restriction on Disposal of Waters Into the Lower Colorado River Basin. — None of the waters secured to the Tribe in the Revised Ute Indian Compact of 1990 may be sold, exchanged, leased, used, or otherwise disposed of into or in the Lower Colorado River Basin, below Lees Ferry, unless water rights within the Upper Colorado River Basin in the State of Utah held by non- Federal, non-Indian users could be so sold, exchanged, leased, used, or otherwise disposed of under Utah State law, Federal law, inter¬ state compacts, or international treaty pursuant to a final, non- appealable order of a Federal court or pursuant to an agreement of the seven States signatory to the Colorado River Compact; Pro¬ vided, however, That in no event shall such transfer of Indian water rights take place without the filing and approval of the appropriate applications with the Utah State Engineer pursuant to Utah State law.

(d) Use of Water Rights.— The use of the rights referred to in subsection (a) within the State of Utah shall be governed solely as provided in this section and the Revised Compact referred to in section 503(a). The Tribe may voluntarily elect to sell, exchange, lease, use, or otherwise dispose of any portion of a water right confirmed in the Revised Compact off the Uintah and Ouray Indian Reservation. If the Tribe so elects, and as a condition prece¬ dent to such sale, exchange, lease, use, or other disposition, that portion of the Tribe’s water right shall be changed to a State

. -■* -

PUBLIC LAW 102-575— OCT. 30, 1992

106 STAT. 4653

water right, but shall be such a State water right only during the use of that right off the reservation, and shall be fully subject to State laws, Federal laws, interstate compacts, and international treaties applicable to the Colorado River and its tributaries, includ¬ ing the appropriation, use, development, storage, regulation, alloca¬ tion, conservation, exportation, or quality of those waters.

(e) Rules of Construction. — Nothing in titles II through VI of this Act or in the Revised Ute Indian Compact of 1990 shall —

(1) constitute authority for the sale, exchange, lease, use, or other disposal of any Federal reserved water right off the reservation;

(2) constitute authority for the sale, exchange, lease, use, or other disposal of any Tribal water right outside the State of Utah* or

(3) be deemed a congressional determination that any hold¬ ers of water rights do or do not have authority under existing law to sell, exchange, lease, use, or otherwise dispose of such water or water rights outside the State of Utah.

SEC. 504. TRIBAL FARMING OPERATIONS.

Of the amounts authorized to be appropriated by section 501, $45,000,000 is authorized for the Secretary to permit the Tribe to develop over a three-year period —

(1) a seven thousand five hundred acre farming/feed lot operation equipped with satisfactory off-farm and on-farm water facilities out of tribally-owned lands and adjoining non-Indian lands now served by the Uintah Indian Irrigation Project;

(2) a plan to reduce the Tribe’s expense on the remaining sixteen thousand acres of tribal land now served by the Uintah Indian Irrigation Project; and

(3) a fund to permit tribal members to upgrade their individual farming operations.

Any non-Indian lands acquired under this section shall be acquired from willing sellers and shall not be added to the reservation of the Tribe.

SEC. 605. RESERVOIR, STREAM, HABITAT AND ROAD IMPROVEMENTS WITH RESPECT TO THE UTE INDIAN RESERVATION.

(a) Repair of Cedarview Reservoir. — Of the amount author¬ ized to be appropriated by section 201, $5,000,000 shall be available to the Secretary, in cooperation with the Tribe, to repair the leak in Cedarview Reservoir in Dark Canyon, Duchesne County, Utah, so that the resultant surface area of the reservoir is two Hundred and ten acres.

(b) Reservation Stream Improvements. — Of the amount authorized to be appropriated by section 201, $10,000,000 shall be available for the Secretary, in cooperation with the Tribe and in consultation with the Commission, to undertake stream improve¬ ments to not less than 53 linear miles (not counting meanders) for the Pole Creek, Rock Creek, Yellowstone River, Lake Fork River, Uinta River, and Whiterocks River, in the State of Utah. Nothing in this authorization shall increase the obligation of the District to deliver more than 44,400 acre-feet of Central Utah Project water as its contribution to the preservation of minimum stream flows in the Uinta Basin.

(c) Bottle Hollow Reservoir. — Of the amount authorized to be appropriated by section 201, $500,000 in an initial appropria¬ tion shall be available to permit the Secretary to clean tne Bottle

106 STAT. 4654

PUBLIC LAW 102-575— OCT. 30, 1992

Hollow Reservoir on the Ute Indian Reservation of debris and trash resulting from a submerged sanitary landfill, to remove all non-game fish, and to secure minimum flow of water to the reservoir to make it a suitable habitat for a cold water fishery. The United States, and not the Tribe, shall be responsible for cleanup and all other responsibilities relating to the presently contaminated Bottle Hollow waters.

(d) Minimum Stream Flows. — As a minimum, the Secretary shall endeavor to maintain continuous releases into Rock Creek to maintain twenty-nine cubic feet per second during May through October and continuous releases into Rock Creek of twenty-three cubic feet per second during November through April, at the res¬ ervation boundary. Nothing in this authorization shall increase the obligation of the District to deliver more than forty-four thou¬ sand four hundred acre-feet of Central Utah Project water as its contribution to the preservation of minimum stream flow in the Uinta Basin.

(e) Land Transfer. — The Bureau shall transfer 315 acres of land to the Forest Service, located at the proposed site of the Lower Stillwater Reservoir as a wildlife mitigation measure.

(f) Recreation Enhancement.— Of the amount authorized to be appropriated by section 201, $10,000,000 shall be available for the Secretary, in cooperation with the Tribe, to permit the Tribe to develop, after consultation with the appropriate fish, wildlife, and recreation agencies, big game hunting, fisheries, campgrounds and fish and wildlife management facilities, including administra¬ tion buildings and grounds on the Uintah and Ouray Reservation, in lieu of the construction of the Lower Stillwater Dam and related facilities.

(g) Municipal Water Conveyance System.— Of the amounts authorized to be appropriated in section 201, $3,000,000 shall be available to the Secretary for participation by the Tribe in the construction of pipelines associated with the Duchesne County Municipal Water Conveyance System.

SEC. 500. TRIBAL DEVELOPMENT FUNDS.

(a) Establishment. — Of the amount authorized to be appro¬ priated by section 201, there is hereby established to be appro¬ priated a total amount of $125,000,000 to be paid in three annual and equal installments to the Tribal Development Fund which the Secretary is authorized and directed to establish for the Tribe.

(b) Adjustment. — To the extent that any portion of such amount is contributed after the period described above or in amounts less than described above, the Tribe shall, subject to appropriation Acts, receive, in addition to the full contribution to the Tribal Development Fund, an adjustment representing the interest income as determined by the Secretary, in his sole discre¬ tion, that would have been earned on any unpaid amount.

(c) Tribal Development. — The Tribe shall prepare a Tribal Development Plan for all or a part of this Trif>al Development Fund. Such Tribal Development Plan shall set forth from time to time economic projects proposed by the Tribe which in the opinion of two independent financial consultants are deemed to be reason¬ able, prudent and likely to return a reasonable investment to the Tribe. The financial consultants shall be selected by the Tribe with the advice and consent of the Secretary. Principal from the Tribal Development Fund shall be permitted to be expended only

PUBLIC LAW 102-575— OCT. 30, 1992

106 STAT. 4655

in those cases where the Tribal Development Plan can demonstrate with specificity a compelling need to utilize principal in addition to income for the Tribal Development Plan.

(d) No funds from the Tribal Development Fund shall be obli¬ gated or expended by the Secretary for any economic project to be developed or constructed pursuant to subsection (c) of this sec¬ tion, unless the Secretary has complied fully with the requirements of applicable fish, wildlife, recreation, and environmental laws, including the National Environmental Policy Act of 1969 (43 U.S.C. 4321 et seq.).

SEC. 607. WAIVER OF CLAIMS.

(a) General Authority. — The Tribe is authorized to waive and release claims concerning or related to water rights as described below.

(b) Description of Claims. — The Tribe shall waive, upon receipt of the section 504, 505, and 506 moneys, any and all claims relatmg to its water rights covered under the agreement of Septem¬ ber 20, 1965, including claims by the Tribe that it retains the right to develop lands as set forth in the Ute Indian Compact and deferred in such agreement. Nothing in this waiver of claims shall prevent the Tribe from enforcing rights granted to it under this Act or under the Compact. To the extent necessary to effect a complete release of the claims, the United States concurs in such release.

(c) Resurrection of Claims. — In the event the Tribe does not receive on a timely basis the moneys described in section 502, the Tribe is authorized to bring an action for an accounting against the United States, if applicable, in the United States Claims Court for moneys owed plus interest at 10 percent, and against the District, if applicable, in the United States District Court for the District of Utah for moneys owed plus interest at 10 percent. The United States and the District waive any defense based upon sovereign immunity in such proceedings.

TITLE VI— ENDANGERED SPECIES ACT AND NATIONAL ENVIRONMENTAL POLICY ACT

Notwithstanding any provision of titles II through V of this Act, nothing in such titles shall be interpreted as modifying or amending the provisions of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

TITLE VH— LEADVILLE MINE DRAINAGE TUNNEL, COLORADO

SEC. 701. AUTHORIZATION.

The Secretary is authorized to construct, operate, and maintain a water treatment plant, including the disposal of sludge produced by said treatment plant as appropriate, and to install concrete lining on the rehabilitated portion of the Leadville Mine Drainage Tunnel, in order that water flowing from the Leadville Tunnel may meet water quality standards, and to contract with the Colo¬ rado Division of Wildlife to monitor concentrations of heavy metal contaminants in water, stream sediment, and aquatic life in the Arkansas River downstream of the water treatment plant.

59-194 0—93 - 4 : QL 3 (Pt. 6)

106 STAT. 4656 PUBLIC LAW 102-575— OCT. 30, 1992

SEC. 702. COSTS NONREIMBURSABLE.

Construction, operation, and maintenance costs of the works authorized by this title shall be nonreimbursable.

SEC. 703. OPERATION AND MAINTENANCE.

The Secretary shall be responsible for operation and mainte¬ nance of the water treatment plant, including sludge disposal authorized by this title. The Secretary may contract for these services.

SEC. 704. APPROPRIATIONS AUTHORIZED.

There is hereby authorized to be appropriated beginning Octo¬ ber 1, 1989, for construction of a water treatment plant for water flowing from the Leadville Mine Drainage Tunnel, including sludge disposal, and concrete lining the rehabilitated portion of the tunnel, the sum of $10,700,000 (October 1988 price levels), plus or minus such amounts, if any, as may be required by reason of ordinary fluctuations in construction costs as indicated by engineering cost indexes applicable to the types of construction involved herein and, in addition thereto, such sums as may be required for operation and maintenance of the works authorized by this title, including but not limited to $1,250,000 which shall be for a program to be conducted by the Colorado Division of Wildlife to monitor heavy metal concentrations in water, stream sediment, and aquatic life in the Arkansas River.

SEC. 70S. LIMITATION.

The treatment plant authorized by this title shall be designed and constructed to treat the quantity and quality of effluent histori¬ cally discharged from the Leadville Mine Drainage Tunnel.

SEC. 706. DESIGN AND OPERATION NOTIFICATION.

Prior to the initiation of construction and during construction of the works authorized by section 701, the Secretary shall submit the plans for design and operation of the works to the Administrator of the Environmental Protection Agency and the State of Colorado to obtain their views on the design and operation plans. After such review and consultation, the Secretary shall notify the Presi¬ dent pro tempore of the Senate and the Speaker of the House of Representatives that the discharge from the works to be con¬ structed will meet the requirements set forth in Federal Facilities Compliance Agreement Number FFCA 89-1, entered into by the Bureau of Reclamation and the Environmental Protection Agency on February 7, 1989, and in National Pollutant Discharge Elimi¬ nation System permit Number CO 0021717 issued to the Bureau of Reclamation in 1975 and reissued in 1979 and 1981.

SEC. 707. FISH AND WILDLIFE RESTORATION.

(a) The Secretary is authorized, in consultation with the State of Colorado, to formulate and implement, subject to the terms of subsection (b) of this section, a program for the restoration of fish and wildlife resources of those portions of the Arkansas River basin impacted by the effluent discharged from the Leadville Mine Drainage Tunnel. The formulation of the program shall be undertaken with appropriate public consultation.

(b) Prior to implementing the fish and wildlife restoration pro¬ gram, the Secretary shall submit a copy of the proposed restoration program to the President pro tempore of the Senate and the Speaker

PUBLIC LAW 102-575— OCT. 30, 1992 106 STAT. 4657

of the House of Representatives for a period of not less than sixty days.

SEC. 708. WATER QUALITY RESTORATION.

(a) The Secretary is authorized, in consultation with the State of Colorado, the Administrator of the Environmental Protection Agency, and other Federal entities, to conduct investigations of water pollution sources and impacts attributed to mining-related and other development in the Upper Arkansas River basin, to develop corrective action plans, and to implement corrective action demonstration projects. Neither the Secretary nor any person participating in a corrective action demonstration project shall be liable under section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act for costs or damages as a result of actions taken or omitted in the course of implementing an approved work plan developed under this section; Provided,

That this subsection shall not preclude liability for costs or damages which result from negligence on the part of such persons. The Secretary shall have no authority under this section at facilities which have been listed or proposed for listing on the National Priorities List, or are subject to or covered by the Resource Con¬ servation and Recovery Act. For the purpose of this section, the term “Upper Arkansas River basin” means the Arkansas River hydrologic basin in Colorado extending from Pueblo Dam upstream to its headwaters.

(b) The development of all corrective action plans and subse¬ quent corrective action demonstration projects shall be undertaken with appropriate public involvement pursuant to a public participa¬ tion plan, consistent with regulations promulgated under the Fed¬ eral Water Pollution Control Act, developed by the Secretary in consultation with the State of Colorado and the Administrator of the Environmental Protection Agency.

(c) The Secretary shall arrange for cost sharing with the State of Colorado and for the use of non-Federal funds and in-kind serv¬ ices where possible. The Secretary is authorized to fund all State costs required to conduct investigations and develop corrective action plans. The Federal share of costs associated with corrective action plans shall not exceed 60 percent.

(d) Prior to implementing any corrective action demonstration project, the Secretary shall submit a copy of the proposed project plans to the President pro tempore of the Senate and the Speaker of the House of Representatives.

(e) Nothing in this title shall affect or modify in any way the obligations or liabilities of any person under other Federal or State law, including common law, with respect to the discharge or release of hazardous substances, pollutants, or contaminants, as defined under section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act.

(f) There is authorized to be appropriated such sums as may Appropriation be required to fulfill the provisions of sections 707 and 708 of authonzatlon this title.

106 STAT. 4658

PUBLIC LAW 102-575— OCT. 30, 1992

TITLE Vm— LAKE MEREDITH SALINITY CONTROL PROJECT, TEXAS AND NEW MEXICO

SEC. 801. AUTHORIZATION TO CONSTRUCT AND TEST.

The Secretary is authorized to construct and test the Lake Meredith Salinity Control Project, New Mexico and Texas, in accord¬ ance with the Federal Reclamation laws (Act of June 17, 1902, 32 Stat. 788, and Acts amendatory thereof or supplementary there¬ to) and the provisions of this title and the plan set out in the June 1985 Technical Report of the Bureau of Reclamation on this project with such modification of, omissions from, or additions to the works, as the Secretary may find proper and necessary for the purpose of improving the quality of water delivered to the Canadian River downstream of Ute Reservoir, New Mexico, and entering Lake Meredith, Texas. The principal features of the project shall consist of production wells, observation wells, pipelines, pump¬ ing plants, brine disposal facilities, and other appurtenant facilities.

SEC. 802. CONSTRUCTION CONTRACT WITH THE CANADIAN RIVER MUNICIPAL WATER AUTHORITY.

(a) Authority To Contract.— The Secretary is authorized to enter into a contract with the Canadian River Municipal Water Authority of Texas (hereafter in this title the “Authority”) for the design and construction management of project facilities by the Bureau of Reclamation and for the payment of construction costs by the Authority. Operation and maintenance of project facilities upon completion of construction and testing shall be the responsibil¬ ity of the Authority.

(b) Construction Contingent on Contract. — Construction of the project shall not be commenced until a contract has been executed by the Secretary with the Authority, and the State of New Mexico has granted the necessary permits for the project facilities.

SEC. 803. PROJECT COSTS.

(a) Canadian River Municipal Water Authority Share.— All costs of construction of project facilities shall be advanced by the Authority as the non-Federal contribution toward implementa¬ tion of this title. Pursuant to the terms of the contract authorized by section 802 of this title, these funds shall be advanced on a schedule mutually acceptable to the Authority and the Secretary, as necessary to meet the expense of carrying out construction and land acquisition activities.

(b) Federal Share. — All project costs for design preparation, and construction management shall be nonreimbursable as the Federal contribution for environmental enhancement by water qual¬ ity improvement, except that the Federal contribution shall not exceed 33 per centum of the total project costs.

SEC. 804. CONSTRUCTION AND CONTROL.

(a) Preconstruction. — The Secretary shall, upon entering into the contract specified in section 802 with the Authority, proceed with preconstruction planning, preparation of designs and specifica¬ tions, acquiring permits, acquisition of land and rights, ana award of construction contracts pending availability of appropriated funds.

(b) Termination of Construction.— At any time following the first advance of funds, the Authority may request that the Secretary terminate activities then in progress, and such request

PUBLIC LAW 102-575— OCT. 30, 1992

106 STAT. 4659

shall be binding upon the Secretary, except that, upon termination of construction pursuant to this section, the Authority shall reimburse to the Secretary a sum equal to 67 per centum of all costs incurred by the Secretary in project verification, design and construction management, reduced by any sums previously paid by the Authority to the Secretary for such purposes. Upon such termination, the United States is under no oDligation to complete the project as a nonreimbursable development.

(c) Transfer of Control. — Upon completion of construction and testing of the project, or upon termination of activities at the request of the Authority, the Secretary shall transfer the care, operation, and maintenance of the project works to the Authority or to a bona fide entity mutually agreeable to the States of New Mexico and Texas. As part of such transfer, the Secretary shall return unexpended balances of the funds advanced, assign to the Authority or the bona fide entity the rights to any contract in force, convey to the Authority or the bona fide entity any real estate, easements or personal property acquired by the advanced funds, and provide any data, drawings, or other items of value procured with advanced funds.

SEC. 806. TRANSFER OF TITLE.

Title to any facilities constructed under the authority of this title shall remain with the United States.

SEC. 806. AUTHORIZATION.

There are hereby authorized to be appropriated such sums as are necessary to carry out the provisions of this title, except that the total Federal contribution to the cost of the activities undertaken under the authority of this title shall not exceed 33 per centum.

TITLE IX— CEDAR BLUFF UNIT, KANSAS SEC. 901. AUTHORIZATION.

The Secretary, pursuant to the provisions of the Memorandum of Understanding between the Bureau of Reclamation and the Fish and Wildlife Service of the Department of the Interior, the State of Kansas, and the Cedar Bluff Irrigation District Number 6, dated December 17, 1987, is authorized to reformulate the Cedar Bluff Unit of the Pick-Sloan Missouri Basin Program, Kansas, including reallocation of the conservation capacity of the Cedar Bluff Res¬ ervoir, to create:

(a) a designated operating pool, as defined in such Memo¬ randum of Understanding, for fish, wildlife, and recreation purposes, for groundwater recharge for environmental, domes¬ tic, municipal and industrial uses, and for other purposes; and

(b) a joint-use pool, as defined in such Memorandum of Understanding, for flood control, water sales, fish, wildlife, and recreation purposes; and for other purposes.

SEC. 902. CONTRACT.

The Secretary is authorized to enter into a contract with the State of Kansas for the sale, use, and control of the designated operating pool, with the exception of water reserved for the city of Russell, Kansas, and to allow the State of Kansas to acquire use and control of water in the joint-use pool, except that, the

Water supply.

106 STAT. 4660

PUBLIC LAW 102-576— OCT. 30, 1992

State of Kansas shall not permit utilization of water from Cedar Bluff Reservoir to irrigate lands in the Smoky Hill River Basin from Cedar Bluff Reservoir to its confluence with Big Creek.

SEC. 90S. CONTRACT.

(a) The Secretary is authorized to enter into a contract with the State of Kansas, accepting a payment of $365,424, and the State’s commitment to pay a proportionate share of the annual operation, maintenance, and replacement charges for the Cedar Bluff Dam and Reservoir, as full satisfaction of reimbursable costs associated with irrigation of the Cedar Bluff Unit, including the Cedar Bluff Irrigation District’s obligations under Contract Number 0-07-70-W0064. After the reformulation of the Cedar Bluff Unit authorized by this title, any revenues in excess of operating and maintenance expenses received by the State of Kansas from the sale of water from the Cedar Bluff Unit shall be paid to the United States and covered into the Reclamation Fund to the extent that an operation, maintenance and replacement charge or reimbursable capital obligation exists for the Cedar Bluff Unit under Reclamation law. Once all such operation, maintenance and replacement charges or reimbursable obligations are satisfied, any additional revenues shall be retained by the State of Kansas.

(b) The Secretary is authorized to transfer title of the buildings, fixtures, and equipment of the United States Fish and Wildlife Service fish hatchery facility at Cedar Bluff Dam, and the related water rights, to the State of Kansas for its use and operation for fish, wildlife, and related purposes. If any of the property trans¬ ferred by this subsection to the State of Kansas is subsequently transferred from State ownership or used for any purpose other than those provided for in this subsection, title to such property shall revert to the United States.

SEC. 904. TRANSFER OF DISTRICT HEADQUARTERS.

The Secretary is authorized to transfer title to all interests in real property, buildings, fixtures, equipment, and tools associated with the Cedar Bluff Irrigation District headquarters located near Hays, Kansas, contingent upon the District’s agreement to close down the irrigation system to the satisfaction of the Secretary at no additional cost to the United States, after which all easement rights shall revert to the owners of the lands to which the easements are attached.

SEC. 90S. LIABILITY AND INDEMNIFICATION.

The transferee of any interest conveyed pursuant to this title shall assume all liability with respect to such interests and shall indemnify the United States against all such liability.

SEC. 906. ADDITIONAL ACTIONS.

The Secretary is authorized to take all other actions consistent with the provisions of the Memorandum of Understanding referred to in section 901 that the Secretary deems necessary to accomplish the reformulation of the Cedar Bluff Unit.

PUBLIC LAW 102-575— OCT. 30, 1992 106 STAT. 4661

TITLE X— SOUTH DAKOTA WATER PLANNING STUDIES

SEC. 1001. AUTHORIZATION FOR SOUTH DAKOTA WATER PLANNING STUDIES.

(a) The Secretary of the Interior, acting through the Commis¬ sioner of the Bureau of Reclamation, may perform the planning studies necessary (including a needs assessment) to determine the feasibility and estimated cost of incorporating all or portions of the Rosebud Sioux Reservation in South Dakota into the service areas of the rural water systems authorized by the Mni Wiconi Project Act of 1988 (Public Law 100-516).

(b) Section 3(f) of Public Law 100-516 is hereby amended 102 Stat. 2567. to insert a new subsection (3) as follows:

“(3) Notwithstanding subsections (1) and (2), the Secretary is authorized and directed to obligate up to $1,466 million of the funds appropriated under Public Law 100-516 to con¬ struct an interim water system for the White Clay and Wakpamni Districts of the Pine Ridge Indian Reservation as soon as the final engineering report for that segment of the Oglala Rural Water Supply System has been completed and the requirements of the National Environmental Policy Act of 1969 for that segment of the System have been met.”

TITLE XI— SALTON SEA RESEARCH PROJECT,

CALIFORNIA

SEC. 1101. RESEARCH PROJECT.

(a) Research Project. — The Secretary of the Interior, acting through the Bureau of Reclamation, shall conduct a research project for the development of a method or combination of methods to reduce and control salinity, provide endangered species habitat, enhance fisheries, and protect human recreational values in inland water bodies. Such research shall include testing an enhanced evaporation system for treatment of saline waters, and studies regarding in-water segregation of saline waters and of dilution from other sources. Tne project shall be located in the area of the Salton Sea of Southern California.

(b) Cost Share. — The non-Federal share of the cost of the project referred to in subsection (a) shall be 50 percent of the cost of the project.

(c) Report. — Not later than September 30, 1996, the Secretary shall submit a report to the Committee on Energy and Natural Resources of the Senate and the Committee on Interior and Insular Affairs and the Committee on Merchant Marine and Fisheries of the House of Representatives regarding the results of the project referred to in subsection (a).

(d) Authorization of Appropriations. — There is authorized to be appropriated $10,000,000 to carry out the purposes of this title.

TITLE XII— AMENDMENT TO SABINE RIVER COMPACT

SEC. 1201. CONSENT TO AMENDMENT TO SABINE RIVER COMPACT.

The consent of Congress is given to the amendment, described in section 1203, to the interstate compact, described in section 1202, relating to the waters of the Sabine River and its tributaries.

106 ST AT. 4662

PUBLIC LAW 102-575— OCT. 30, 1992

43 USC 1521 note.

SEC. 1202. COMPACT DESCRIBED.

The compact referred to in the previous section is the compact between the States of Texas and Louisiana, and consented to by Congress in the Act of August 10, 1954 (chapter 668; 68 Stat. 690; Public Law 85-78).

SEC. 1203. AMENDMENT.

The amendment referred to in section 1201 strikes “One of the Louisiana members shall be ex officio the Director of the Louisi¬ ana Department of Public Works; the other Louisiana member shall be a resident of the Sabine Watershed and shall be appointed by the Governor of Louisiana for a term of four years: Provided, That the first member so appointed shall serve until June 30, 1958.” in article VII(c) and inserts ‘The Louisiana members shall be residents of the Sabine Watershed and shall be appointed by the Governor for a term of four years, which shall run concurrent with the term of the Governor.”.

TITLE XIII— SALT-GILA AQUEDUCT, ARIZONA SEC. 1301. DESIGNATION.

The Salt-Gila Aqueduct of the Central Arizona Project, con¬ structed, operated, and maintained under section 301(aX7) of the Colorado River Basin Project Act (43 U.S.C. 1521(a)(7)), hereafter shall be known and designated as the “Fannin-McFarland Aque¬ duct”.

SEC. 1302. REFERENCES.

Amy reference in any law, regulation, document, record, map, or other paper of the United States to the aqueduct referred to in section 1301 hereby is deemed to be a reference to the “Fannin- McFarland Aqueduct”.

TITLE XIV— VERME JO PROJECT RELIEF, NEW MEXICO

Section 401 of the Act of December 19, 1980 (94 Stat. 3227), is amended by striking the text that begins: “Transfer of project facilities to the district shall be without . . .” and ends with . . shall be maintained consistently with existing arrangements” and inserting in lieu thereof “Effective as of the date of the written consent of the Vermejo Conservancy District to amend contract 178r-458, all facilities are hereby transferred to the District. The transfer to the district of project facilities shall be without any additional consideration in excess of the existing repayment contract of the district and shall include all related lands or interest in lands acquired by the Federal Government for the project, but shall not include any lands or interests in land, or interests in water, purchased by the Federal Government from various land- owners in the district, consisting of approximately two thousand eight hundred acres, for the Maxwell Wildlife Refuge and shall not include certain contractual arrangements, namely Contract Number 14-06-500-1713 between the Bureau of Reclamation and the Bureau of Sport Fisheries and Wildlife, and concurred in by the district, dated December 5, 1969, and the lease agreement between the district and the Secretary dated January 17, 1992, and expiring January 17, 1995, for 468.38 acres under the district’s Lakes 12 and 14, which contractual arrangements shall be main¬ tained consistent with the terms thereof. The Secretary, acting

PUBLIC LAW 102-575— OCT. 30, 1992

106 STAT. 4663

through the United States Fish and Wildlife Service, shall retain the right to manage Lake 13 for the conservation, maintenance, and development of the area as a component of the Maxwell National Wildlife Refuge in accordance with Contract Number 14- 06-500-1713 and in a manner that does not interfere with operation of the Lake 13 dam and reservoir for the primary purposes of the Vermejo Reclamation Project.”

TITLE XV— SAN LUIS VALLEY PROTECTION, COLORADO

SEC. 1501. PERMIT ISSUANCE PROHIBITED.

(a) No agency or instrumentality of the United States shall issue any permit, license, right-of-way, grant, loan or other authorization or assistance for any project or feature of any project to withdraw water from the San Luis Valley, Colorado, for export to another basin in Colorado or export to any portion of another State, unless the Secretary of the Interior determines, after due consideration of all findings provided by the Colorado Water Con¬ servation Board, that the project will not:

(1) increase the costs or negatively affect operation of the Closed Basin Project;

(2) adversely affect the purposes of any national wildlife refuge or Federal wildlife habitat area withdrawal located in the San Luis Valley, Colorado; or

(3) adversely affect the purposes of the Great Sand Dunes National Monument, Colorado.

(b) Nothing in this title shall be construed to alter, amend, or limit any provision of Federal or State law that applies to any project or feature of a project to withdraw water from the San Luis Valley, Colorado, for export to another basin in Colorado or another State. Nothing in this title shall be construed to limit any agency’s authority or responsibility to reject, limit, or condition any such project on any basis independent of the requirements of this title.

SEC. 1502. JUDICIAL REVIEW.

The Secretary’s findings required by this title shall be subject to judicial review in the United States district courts.

SEC. 1503. COSTS.

The direct and indirect costs of the findings required by section 1501 of this title shall be paid in advance by the project proponent under terms and conditions set by the Secretary.

SEC. 1504. DISCLAIMERS.

(a) Nothing in this title shall constitute either an expressed or implied reservation of water or water rights.

(b) Nothing in this title shall be construed as establishing a precedent with regard to any other Federal reclamation project.

TITLE XVI— RECLAMATION WASTEWATER AND GROUNDWATER STUDIES

SEC. 1601. SHORT TITLE.

This title may be referred to as the “Reclamation Wastewater and Groundwater Study and Facilities Act”.

Reclamation Wastewater and Groundwater Study and Facilities Act.

43 USC 390h note.

43 USC 390h.

SEC. 1602. GENERAL AUTHORITY.

(a) The Secretary of the Interior (hereafter “Secretary”), acting pursuant to the Reclamation Act of 1902 (Act of June 17, 1902, 32 Stat. 388) and Acts amendatory thereof and supplementary thereto (hereafter “Federal reclamation laws”), is directed to under¬ take a program to investigate and identify opportunities for reclamation and reuse of municipal, industrial, domestic, and agri¬ cultural wastewater, and naturally impaired ground and surface waters, for the design and construction of demonstration and perma¬ nent facilities to reclaim and reuse wastewater, and to conduct research, including desalting, for the reclamation of wastewater and naturally impaired ground and surface waters.

(b) Such program shall be limited to the States and areas referred to in section 1 of the Reclamation Act of 1902 (Act of June 17, 1902, 32 Stat. 388) as amended.

(c) The Secretary is authorized to enter into such agreements and promulgate such regulations as may be necessary to carry out the purposes and provisions of this title.

California. (d) The Secretary shall not investigate, promote or implement,

pursuant to this title, any project intended to reclaim and reuse agricultural wastewater generated in the service area of the San Luis Unit of the Central Valley Project, California, except those measures recommended for action by the San Joaquin Valley Drain¬ age Program in the report entitled A Management Plan for Agricul¬ tural Subsurface Drainage and Related Problems on the Westside San Joaquin Valley (September 1990).

43 USC 390h-l. SEC. 1603. APPRAISAL INVESTIGATIONS.

(a) The Secretary shall undertake appraisal investigations to identify opportunities for water reclamation and reuse. Each such investigation shall take into account environmental considerations as provided by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and regulations issued to implement the provisions thereof, and shall include recommendations as to the preparation of a feasibility study of the potential reclamation and reuse measures.

(b) Appraisal investigations undertaken pursuant to this title shall consider, among other things —

(1) all potential uses of reclaimed water, including, but not limited to, environmental restoration, fish and wildlife, groundwater recharge, municipal, domestic, industrial, agricul¬ tural, power generation, and recreation;

(2) the current status of water reclamation technology and opportunities for development of improved technologies;

(3) measures to stimulate demand for and eliminate obstacles to use of reclaimed water, including pricing;

(4) measures to coordinate and streamline local, State and Federal permitting procedures required for the implementation of reclamation projects; and

(5) measures to identify basic research needs required to expand the uses of reclaimed water in a safe and environ¬ mentally sound manner.

(c) The Secretary shall consult and cooperate with appropriate State, regional, and local authorities during the conduct of each appraisal investigation conducted pursuant to this title.

(d) Costs of such appraisal investigations shall be nonreimbursable.

PUBLIC LAW 102-575— OCT. 30, 1992

106 STAT. 4665

SEC. 1604. FEASIBILITY STUDIES.

(a) The Secretary is authorized to participate with appropriate Federal, State, regional, and local authorities in studies to deter¬ mine the feasibility of water reclamation and reuse projects rec¬ ommended for such study pursuant to section 1603 of this title. The Federal share of the costs of such feasibility studies shall not exceed 50 per centum of the total, except that the Secretary may increase the Federal share of the costs of such feasibility study if the Secretary determines, based upon a demonstration of financial hardship on the part of the non-Federal participant, that the non-Federal participant is unable to contribute at least 50 per centum of the costs of such study. The Secretary may accept as part of the non-Federal cost share the contribution of such in-kind services by the non-Federal participant that the Sec¬ retary determines will contribute substantially toward the conduct and completion of the study.

(b) The Federal share of feasibility studies, including those described in sections 1606 and 1608 through 1610 of this title, shall be considered as project costs and shall be reimbursed in accordance with the Federal reclamation laws, if the project studied is implemented.

(c) In addition to the requirements of other Federal laws, fea¬ sibility studies authorized under this title shall consider, among other things —

(1) near- and long-term water demand and supplies in the study area;

(2) all potential uses for reclaimed water;

(3) measures and technologies available for water reclama¬ tion, distribution, and reuse;

(4) public health and environmental quality issues associ¬ ated with use of reclaimed water; and,

(5) whether development of the water reclamation and reuse measures under study would —

(A) reduce, postpone, or eliminate development of new

or expanded water supplies, or

(B) reduce or eliminate the use of existing diversions

from natural watercourses or withdrawals from aquifers.

SEC. 1606. RESEARCH AND DEMONSTRATION PROJECTS.

The Secretary is authorized to conduct research and to con¬ struct, operate, and maintain cooperative demonstration projects for the development and demonstration of appropriate treatment technologies for the reclamation of municipal, industrial, domestic, and agricultural wastewater, and naturally impaired ground and surface waters. Hie Federal share of the costs of demonstration projects shall not exceed 50 per centum of the total cost including operation and maintenance. Rights to inventions developed pursu¬ ant to this section shall be governed by the provisions of the Stevenson-Wydler Technology Innovation Act of 1980 (Public Law 96-480) as amended by the Technology Transfer Act of 1986 (Public Law 99-502).

SEC. 1606. SOUTHERN CALIFORNIA COMPREHENSIVE WATER REC¬ LAMATION AND REUSE STUDY.

(a) The Secretary is authorized to conduct a study to assess the feasibility of a comprehensive water reclamation and reuse system for Southern California. For the purpose of this title, the

43 USC 390h-2.

43 USC 390h-3.

43 USC 390h-4.

term “Southern California” means those portions of the counties of Imperial, Los Angeles, Orange, San Bemadino, Riverside, San Diego, and Ventura within the south coast and Colorado River hydrologic regions as defined by the California Department of Water Resources.

(b) The Secretary shall conduct the study authorized by this section in cooperation with the State of California and appropriate local and regional entities. The Federal share of the costs associated with this study shall not exceed 50 per centum of the total.

Reports. (c) The Secretary shall submit the report authorized by this

section to the Committee on Energy and Natural Resources of the Senate and the Committee on Interior and Insular Affairs of the House of Representatives not later than six years after appropriation of funds authorized by this title.

43 USC 390h-5. SEC. 1807. SAN JOSE AREA WATER RECLAMATION AND REUSE PRO¬ GRAM.

(a) The Secretary, in cooperation with the city of San Jose, California, and the Santa Clara Valley Water District, and local water suppliers, shall participate in the planning, design and construction of demonstration and permanent facilities to reclaim and reuse water in the San Jose metropolitan service area.

(b) The Federal share of the costs of the facilities authorized by subsection (a) shall not exceed 25 per centum of the total. The Secretary shall not provide funds for the operation or mainte¬ nance of the project.

43 USC 390h-6. SEC. 1608. PHOENIX METROPOLITAN WATER RECLAMATION STUDY

AND PROGRAM.

(a) The Secretary, in cooperation with the city of Phoenix, Arizona, shall conduct a feasibility study of the potential for develop¬ ment of facilities to utilize fully wastewater from the regional wastewater treatment plant for direct municipal, industrial, agricul¬ tural, and environmental purposes, groundwater recharge and direct potable reuse in the Phoenix metropolitan area, and in cooperation with the city of Phoenix design and construct facilities for environmental purposes, ground water recharge and direct pota¬ ble reuse.

(b) The Federal share of the costs of the study authorized by this section shall not exceed 50 per centum of the total. The Federal share of the costs associated with the project described in subsection (a) shall not exceed 25 per centum of the total. The Secretary shall not provide funds for operation or maintenance of the project.

Reports. (c) The Secretary shall submit the report authorized by this

section to the Committee on Energy and Natural Resources of the Senate and the Committee on Interior and Insular Affairs of the House of Representatives not later than two years after appropriation of funds authorized by this title.

43 USC 390h-7. SEC. 1609. TUCSON AREA WATER RECLAMATION STUDY.

(a) The Secretary, in cooperation with the State of Arizona and appropriate local and regional entities, shall conduct a feasibil¬ ity study of comprehensive water reclamation and reuse system for Southern Arizona. For the purpose of this section, the term “Southern Arizona” means those portions of the counties of Pima, Santa Cruz, and Pinal within the Tucson Active Management

PUBLIC LAW 102-575— OCT. 30, 1992 106

Hydrologic Area as defined by the Arizona Department of Water Resources.

(b) The Federal share of the costs of the study authorized by this section shall not exceed 50 per centum of the total.

(c) The Secretary shall submit the report authorized by this section to the Committee on Energy and Natural Resources of the Senate and the Committee on Interior and Insular Affairs of the House of Representatives not later than four years after appropriation of funds authorized by this title.

SEC. 1610. LAKE CHERAW WATER RECLAMATION AND REUSE STUDY.

(a) The Secretary is authorized, in cooperation with the State of Colorado and appropriate local and regional entities, to conduct a study to assess and develop means of reclaiming the waters of Lake Cheraw, Colorado, or otherwise ameliorating, controlling and mitigating potential negative impacts of pollution in the waters of Lake Cheraw on groundwater resources or the waters of the Arkansas River.

(b) The Federal share of the costs of the study authorized by this section shall not exceed 50 per centum of the total.

(c) The Secretary shall submit the report authorized by this section to the Committee on Energy and Natural Resources of the Senate and the Committee on Interior and Insular Affairs of the House of Representatives not later than two years after appropriation of funds authorized by this title.

SEC. 1611. SAN FRANCISCO AREA WATER RECLAMATION STUDY.

(a) The Secretary, in cooperation with the city and county of San Francisco, shall conduct a feasibility study of the potential for development of demonstration and permanent facilities to reclaim water in the San Francisco area for the purposes of export and reuse elsewhere in California.

(b) The Federal share of the costs of the study authorized by this section shall not exceed 50 per centum of the total.

SEC. 1612. SAN DIEGO AREA WATER RECLAMATION PROGRAM.

(a) The Secretary, in cooperation with the city of San Diego, California or its successor agency in the management of the San Diego Area Wastewater Management District, shall participate in the planning, design and construction of demonstration and perma¬ nent facilities to reclaim and reuse water in the San Diego metro¬ politan service area.

SEC. 1613. LOS ANGELES AREA WATER RECLAMATION AND REUSE PROJECT.

(a) The Secretary is authorized to participate with the city and county of Los Angeles, State of California, West Basin Munici¬ pal Water District, and other appropriate authorities, in the design, planning, and construction of water reclamation and reuse projects

STAT. 4667

Reports.

43 USC 390h-8.

Reports.

43 USC 390h-9.

Reports.

43 USC 390h-10.

43 USC 390h-ll.

106 STAT. 4668

PUBLIC LAW 102-575 — OCT. 30, 1992

to treat approximately one hundred and twenty thousand acre- feet per year of effluent from the city and county of Los Angeles, in order to provide new water supplies for industrial, environmental, and other beneficial purposes, to reduce the demand for imported water, and to reduce sewage effluent discharged into Santa Monica Bay.

(b) The Secretary’s share of costs associated with the project described in subsection (a) shall not exceed 25 per centum of the total. The Secretary shall not provide funds for operation or mainte¬ nance of the project.

43 USC 390h-12. SEC. 1614. SAN GABRIEL BASIN DEMONSTRATION PROJECT.

(a) The Secretary, in cooperation with the Metropolitan Water District of Southern California and the Main San Gabriel Water Quality Authority or a successor public agency, is authorized to participate in the design, planning and construction of a conjunctive- use facility designed to improve the water quality in the San Gabriel groundwater basin and allow the utilization of the basin as a water storage facility; Provided, That this authority shall not be construed to limit the authority of the United States under any other Federal statute to pursue remedial actions or recovery of costs for work performed pursuant to this subsection.

(b) The Secretary’s share of costs associated with the project described in subsection (a) shall not exceed 25 per centum of the total. The Secretary shall not provide funds for the operation or maintenance of the project.

43 USC 390h-13. SEC. 1616. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as may be necessary to carry out the purposes and provisions of sections 1601 through 1614 of this title.

43 USC 390h-14. SEC. 1616. GROUNDWATER STUDY.

(a) In furtherance of the High Plains Groundwater Demonstra¬ tion Program Act of 1983 (98 Stat. 1675), the Secretary of the Interior, acting through the Bureau of Reclamation and the Geological Survey, shall conduct an investigation and analysis of the impacts of existing Bureau of Reclamation projects on the

Reports. quality and quantity of groundwater resources. Based on such inves¬

tigation and analysis, the Secretary shall prepare a reclamation groundwater management and technical assistance report which shall include —

(1) a description of the findings of the investigation and analysis, including the methodology employed;

(2) a description of methods for optimizing Bureau of Rec¬ lamation project operations to ameliorate adverse impacts on groundwater, and

(3) the Secretary’s recommendations, along with the recommendations of the Governors of the affected States, concerning the establishment of a groundwater management and technical assistance program in the Department of the Interior in order to assist Federal and non-Federal entity devel¬ opment and implementation of groundwater management plans and activities.

(b) In conducting the investigation and analysis, and in prepara¬ tion of the report referred to in this section, the Secretary shall consult with the Governors of the affected States.

PUBLIC LAW 102-575— OCT. 30, 1992

106 STAT. 4669

(c) The report shall be submitted to the Committees on Appropriations and Interior and Insular Affairs of the House of Representatives and the Committees on Appropriations and Energy and Natural Resources of the Senate within three years of the appropriation of funds authorized by section 1617.

SEC. 1617. AUTHORIZATION OP APPROPRIATIONS.

There is authorized to be appropriated for fiscal years beginning after September 30, 1992, $4,000,000 to carry out the study author¬ ized by section 1616.

TITLE XVII— IRRIGATION ON STANDING ROCK INDIAN RESERVATION, NORTH DAKOTA

SEC. 1701. IRRIGATION ON STANDING ROCK INDIAN RESERVATION.

(a) Section 5(e) of Public Law 89—108, as amended by section 3 of the Garrison Diversion Unit Reformulation Act of 1986 (Public Law 99-294), is amended by striking “Fort Yates” and inserting “one or more locations within the Standing Rock Indian Reserva¬ tion”.

(b) Section 10 of Public Law 89-108, as amended by section 8 of Public Law 99-294, is further amended by adding subsection (e) as follows:

“(e) The portion of the $61,000,000 authorized for Indian municipal, rural, and industrial water features shall be indexed as necessary to allow for ordinary fluctuations of construction costs incurred after October 1, 1986, as indicated by engineering costs indices applicable for the type of construction involved. All other authorized cost ceilings shall remain unchanged.”

TITLE XVIII— GRAND CANYON PROTECTION SEC. 1801. SHORT TITLE.

This Act may be cited as the “Grand Canyon Protection Act of 1992”.

SEC. 1802. PROTECTION OF GRAND CANYON NATIONAL PARK.

(a) In General. — The Secretary shall operate Glen Canyon Dam in accordance with the additional criteria and operating plans specified in section 1804 and exercise other authorities under exist¬ ing law in such a manner as to project, mitigate adverse impacts to, and improve the values for which Grand Canyon National Park and Glen Canyon National Recreation Area were established, including, but not limited to natural and cultural resources and visitor use.

(b) Compliance with Existing Law.— The Secretary shall implement this section in a manner fully consistent with and subject to the Colorado River Compact, the Upper Colorado River Basin Compact, the Water Treaty of 1944 with Mexico, the decree of the Supreme Court in Arizona v. California, and the provisions of the Colorado River Storage Project Act of 1956 and the Colorado River Basin Project Act of 1968 that govern allocation, appropria¬ tion, development, and exportation of the waters of the Colorado River Basin.

(c) Rule of Construction.— Nothing in this title alters the purposes for which the Grand Canyon National Park or the Glen Canyon National Recreation Area were established or affects the

Reports.

43 USC 390h-15.

100 Stat. 419.

100 Stat. 424.

Grand Canyon Protection Act of 1992.

106 STAT. 4670

rUJoLUJ LAW 1UZ-&70— UUT. 30, 1002

Reports.

authority and responsibility of the Secretary with respect to the management and administration of the Grand Canyon National Park and Glen Canyon National Recreation Area, including natural and cultural resources and visitor use, under laws applicable to those areas, including, but not limited to, the Act of August 25, 1916 (39 Stat. 535) as amended and supplemented.

SEC. 1803. INTERIM PROTECTION OF GRAND CANTON NATIONAL PARK

(a) Interim Operations. — Pending compliance by the Secretary with section 1804, the Secretary shall, on an interim basis, continue to operate Glen Canyon Dam under the Secretary’s announced interim operating criteria and the Interagency Agreement between the Bureau of Reclamation and the Western Area Power Adminis¬ tration executed October 2, 1991 and exercise other authorities under existing law, in accordance with the standards set forth in section 1802, utilizing the best and most recent scientific data available.

(b) Consultation. — The Secretary shall continue to implement Interim Operations in consultation with —

(1) Appropriate agencies of the Department of the Interior, including the Bureau of Reclamation, United States Fish and Wildlife Service, and the National Park Service;

(2) The Secretary of Energy;

(3) The Governors of the States of Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming;

(4) Indian Tribes; and

(5) The general public, including representatives of the academic and scientific communities, environmental organiza¬ tions, the recreation industry, and contractors for the purchase of Federal power produced at Glen Canyon Dam.

(c) Deviation From Interim Operations.— The Secretary may deviate from Interim Operations upon a finding that deviation is necessary and in the public interest to —

(1) comply with the requirements of Section 1804(a);

(2) respond to hydrologic extremes or power system oper¬ ation emergencies;

(3) comply with the standards set forth in Section 1802;

(4) respond to advances in scientific data; or

(5) comply with the terms of the Interagency Agreement.

(d) Termination of Interim Operations.— Interim operations described in this section shall terminate upon compliance by the Secretary with section 1804.

SEC. 1804. GLEN CANYON DAM ENVIRONMENTAL IMPACT STATEMENT;

LONG-TERM OPERATION OF GLEN CANYON DAM.

(a) Final Environmental Impact Statement.— Not later than 2 years after the date of enactment of this Act, the Secretary shall complete a final Glen Canyon Dam environmental impact statement, in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(b) Audit.— The Comptroller General shall —

(1) audit the costs and benefits to water and power users and to natural, recreational, and cultural resources resulting from management policies and dam operations identified pursu¬ ant to the environmental impact statement described in sub¬ section (a); and

(2) report the results of the audit to the Secretary and the Congress.

PUBLIC LAW 102-575— OCT. 30, 1992

106 STAT. 4671

(c) Adoption of Criteria and Plans. — (1) Based on the find¬ ings, conclusions, and recommendations made in the environmental impact statement prepared pursuant to subsection (a) and the audit performed pursuant to subsection (b), the Secretary shall —

(A) adopt criteria and operating plans separate from and in addition to those specified in section 602(b) of the Colorado River Basin Project Act of 1968; and

(B) exercise other authorities under existing law, so as to ensure that Glen Canyon Dam is operated in a manner consistent with section 18027

(2) Each year after the date of the adoption of criteria and operating plans pursuant to paragraph (1), the Secretary shall transmit to the Congress and to the Governors of the Colorado River Basin States a report, separate from and in addition to the report specified in section 602(b) of the Colorado River Basin Project Act of 1968 on the preceding year and the projected year operations undertaken pursuant to this Act.

(3) In preparing the criteria and operating plans described in section 602(b) of the Colorado River Basin Project Act of 1968 and in this subsection, the Secretary shall consult with the Gov¬ ernors of the Colorado River Basin States and with the general public, including —

(A) representatives of academic and scientific communities;

(B) environmental organizations;

(D) contractors for the purchase of Federal power produced at Glen Canyon Dam.

(d) Report to Congress. — Upon implementation of long-term operations under subsection (c), the Secretary shall submit to the Congress the environmental impact statement described in sub¬ section (a) and a report describing the long-term operations and other reasonable mitigation measures taken to protect, mitigate adverse impacts to, and improve the condition of the natural, rec¬ reational, and cultural resources of the Colorado River downstream of Glen Canyon Dam.

(e) Allocation of Costs. — The Secretary of the Interior, in consultation with the Secretary of Energy, is directed to reallocate the costs of construction, operation, maintenance, replacement and emergency expenditures for Glen Canyon Dam among the purposes directed in section 1802 of this Act and the purposes established in the Colorado River Storage Project Act of April 11, 1956 (70 Stat. 170). Costs allocated to section 1802 purposes shall be nonreimbursable. Except that in fiscal year 1993 through 1997 such costs shall be nonreimbursable only to the extent to which the Secretary finds the effect of all provisions of this Act is to increase net offsetting receipts; Provided, That if the Secretary finds in any such year that the enactment of this Act does cause a reduction in net offsetting receipts generated by all provisions of this Act, the costs allocated to section 1802 purposes shall remain reimbursable. The Secretary shall determine the effect of all the provisions of this Act and submit a report to the appropriate House and Senate committees by January 31 of each fiscal year, and such report shall contain for that fiscal year a detailed accounting of expenditures incurred pursuant to this Act, offsetting receipts generated by this Act, and any increase or reduction in net offsetting receipts generated by this Act.

Reports.

106 STAT. 4672 PUBLIC LAW 102-575— OCT. 30, 1992

SEC. 1806. LONG-TERM MONITORING.

(a) In General. — The Secretary shall establish and implement long-term monitoring programs and activities that will ensure that Glen Canyon Dam is operated in a manner consistent with that of section 1802.

(b) Research. — Long-term monitoring of Glen Canyon Dam shall include any necessary research and studies to determine the effect of the Secretary’s actions under section 1804(c) on the natural, recreational, and cultural resources of Grand Canyon National Park and Glen Canyon National Recreation Area.

(c) Consultation. — The monitoring programs and activities conducted under subsection (a) shall be established and imple¬ mented in consultation with —

(1) the Secretary of Energy;

(2) the Governors of the States of Arizona, California, Colo¬ rado, Nevada, New Mexico, Utah, and Wyoming;

(3) Indian tribes; and

(4) the general public, including representatives of aca¬ demic and scientific communities, environmental organizations, the recreation industry, and contractors for the purchase of Federal power produced at Glen Canyon Dam.

SEC. 1806. RULES OF CONSTRUCTION.

Nothing in this title is intended to affect in any way —

(1) the allocations of water secured to the Colorado Basin States by any compact, law, or decree; or

(2) any Federal environmental law, including the Endan¬ gered Species Act (16 U.S.C. 1531 et seq.).

SEC. 1807. STUDIES NONREIMBURSABLE.

All costs of preparing the environmental impact statement described in section 1804, including supporting studies, and the long-term monitoring programs and activities described in section 1805 shall be nonreimbursable. The Secretary is authorized to use funds received from the sale of electric power and energy from the Colorado River Storage Project to prepare the environ¬ mental impact statement described in section 1804, including supporting studies, and the long-term monitoring programs and activities described in section 1805, except that such funds will be treated as having been repaid and returned to the general fund of the Treasury as costs assigned to power for repayment under section 5 of the Act of April 11, 1956 (70 Stat. 170). Except that in fiscal year 1993 through 1997 such provisions shall take effect only to the extent to which the Secretary finds the effect of all the provisions of this Act is to increase net offsetting receipts; Provided, That if the Secretary finds in any such year that the enactment of this Act does cause a reduction in net offsetting receipts generated by all provisions of this Act, all costs described Reports. in this section shall remain reimbursable. The Secretary shall deter¬

mine the effect of all the provisions of this Act and submit a report to the appropriate House and Senate committees by January 31 of each fiscal year, and such report shall contain for that fiscal year a detailed accounting of expenditures incurred pursuant to this Act, offsetting receipts generated by this Act, and any increase or reduction in net offsetting receipts generated by this Act.

PUBLIC LAW 102-575 — OCT. 30, 1992

106 STAT. 4673

IEC. 1808. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as are lecessary to carry out this title.

tEC. 1809. REPLACEMENT POWER.

The Secretary of Energy in consultation with the Secretary f the Interior and with representatives of the Colorado River Storage Project power customers, environmental organizations and e States of Arizona, California, Colorado, Nevada, New Mexico, Jtah, and Wyoming shall identify economically and technically easible methods of replacing any power generation that is lost hrough adoption of long-term operational criteria for Glen Canyon )am as required by section 1804 of this title. The Secretary shall present a report of the findings, and implementing draft legislation, f necessary, not later than two years after adoption of long-term iperating criteria. The Secretary shall include an investigation of ne feasibility of adjusting operations at Hoover Dam to replace ill or part of such lost generation. The Secretary shall include in investigation of the modifications or additions to the trans- oission system that may be required to acquire and deliver replace- nent power.

TITLE XIX— MID-DAKOTA RURAL WATER SYSTEM SEC. 1901. SHORT TITLE.

This title may be cited as the “Mid-Dakota Rural Water System tet of 1992”.

SEC. 1902. DEFINITIONS.

For purposes of this title —

(1) the term “feasibility study” means the study entitled “Mid-Dakota Rural Water System Feasibility Study and Report” dated November 1988 and revised January 1989 and March 1989, as supplemented by the “Supplemental Report for Mid- Dakota Rural Water System” dated March 1990 (which supple¬ mental report shall control in the case of any inconsistency between it and the study and report), as modified to reflect consideration of the benefits of the water conservation programs developed and implemented under section 1905 of this title;

(2) the term “pumping and incidental operational require¬ ments” means all power requirements incident to the operation of intake facilities, pumping stations, water treatment facilities, reservoirs, and pipelines up to the point of delivery of water by the Mid-Dakota Rural Water System to —

(A) each entity that distributes water at retail to individual users; or

(B) each rural use location;

(3) the term “rural use location” includes a water use location —

(A) that is located in or in the vicinity of a municipality identified in appendix A of the feasibility report, for which municipality and vicinity there was on December 31, 1988, no ’entity engaged in the business of distributing water at retail to users in that municipality or vicinity; and

(B) that is one of no more than 40 water use locations in that municipality and vicinity;

Reports.

Mid-Dakota Rural Water System Act of 1992.

South Dakota.

through October ot each year;

(6) the term “water system” means the Mid-Dakota Rural Water System, substantially in accordance with the feasibility study;

(7) the term “Western” means the Western Area Power Administration;

(8) the term “wetland component” means the wetland devel¬ opment and enhancement component of the water system, substantially in accordance with the wetland component report; and

(9) the term “wetland component report” means the report entitled ‘Wetlands Development and Enhancement Component of the Mid-Dakota Rural Water System” dated April 1990.

SEC. 1903. FEDERAL ASSISTANCE FOR RURAL WATER SYSTEM.

(a) In General. — The Secretary is authorized to make grants and loans to Mid-Dakota Rural Water System, Inc., a nonprofit corporation, for the planning and construction of the water system.

(b) Service Area. — The water system shall provide for safe and adequate municipal, rural, and industrial water supplies; miti¬ gation oi wetland areas; and water conservation in Beadle County (including the city of Huron), Buffalo, Hand, Hughes, Hyde, Jerauld, Potter, Sanborn, Spink, and Sully Counties, and elsewhere in South Dakota.

(c) Terms and Conditions.— The Secretary shall make the grants and loans authorized by subsection (a) on terms and condi¬ tions equivalent to those applied by the Secretary of Agriculture in providing assistance to projects for the conservation, develop¬ ment, use, and control of water under section 306(a) of the Consoli¬ dated Farm and Rural Development Act (7 U.S.C. 1926(a)), except to the extent that those terms and conditions are inconsistent with this title.

(d) Amount of Grants. — Grants made available under sub¬ section (a) to Mid-Dakota Rural Water System, Inc. and water conservation measures consistent with section 1905 of this title shall not exceed 85 percent of the amount authorized to be appro¬ priated by section 1912 of this title.

(e) Loan Terms —

(1) a loan or loans made to Mid-Dakota Rural Water Sys¬ tem, Inc. under the provisions of this title shall be repaid, with interest, within thirty years from the date of each loan or loans and no penalty for pre-payment; and

(2) interest on a loan or loans made under subsection (a) to Mid-Dakota Rural Water System, Inc. —

(A) shall be determined by the Secretary of the Treas¬ ury on the basis of the weighted average yield of all interest bearing, marketable issues sold by the Treasury during the fiscal year in which the expenditures by the United States were made; and

(B) shall not accrue during planning and construction of the water system, and the first payment on such a loan shall not be due until after completion of construction of the water system.

PUBLIC LAW 102-575— OCT. 30, 1992

106 STAT. 4675

(f) Limitation on Availability of Construction Funds.— Hie Secretary shall not obligate funds for the construction of the Mid-Dakota Water Supply System until —

(1) the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) have been met; and

(2) a final engineering report has been prepared and submitted to the Congress for a period of not less than ninety days.

(g) Coordination With the Department of Agriculture.—

(1) The Secretary shall coordinate with the Secretary of Agriculture, to the maximum extent practicable, grant and loan assistance made under this section with similar assistance available under the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.).

(2) The Secretary of Agriculture shall take into consider¬ ation grant and loan assistance available under this section when considering whether to provide similar assistance avail¬ able under the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.) to an applicant in the service area defined in subsection (b).

SEC. 1904. FEDERAL ASSISTANCE FOR WETLAND DEVELOPMENT AND ENHANCEMENT.

(a) Initial Development. — The Secretary shall make grants and otherwise make funds available to Mid-Dakota Rural Water System, Inc. and other private, State, and Federal entities for the initial development of the wetland component.

(b) Operation and Maintenance. — The Secretary shall make a grant, not to exceed $100,000 annually, to the Mid-Dakota Rural Water System, Inc., for the operation and maintenance of the wet¬ land component.

SEC. 1905. WATER CONSERVATION.

(a) Withholding of Funds.— The Secretary shall not obligate Federal funds for construction of the water system until the Sec¬ retary finds that non-Federal entities have developed and imple¬ mented water conservation programs throughout the service area }f the water system.

(b) Purpose of Programs. — The water conservation programs required by subsection (a) shall be designed to ensure that users Df water from the water system will use the best practicable tech¬ nology and management techniques to reduce water use and water 3ystem costs.

(c) Description of Programs. — Such water conservation pro¬ grams shall include (but are not limited to) adoption and enforce¬ ment of the following —

(1) low consumption performance standards for all newly installed plumbing fixtures;

(2) leak detection and repair programs;

(3) metering for all elements and individual connections of the rural water supply systems to be accomplished within five years. (For purposes of this paragraph, residential buildings of more than four units may be considered as individual cus¬ tomers);

Reports.

106 STAT. 4676

PUBLIC LAW 102-575— OCT. 30, 1992

(4) declining block rate schedules shall not be used for municipal households and special water users (as defined in the feasibility study);

(5) public education programs; and

(6) coordinated operation among each rural water system and the preexisting water supply facilities in its service area.

Such programs shall contain provisions for periodic review and revision, in cooperation with the Secretary.

SEC. 1006. MITIGATION OF FISH AND WILDLIFE LOSSES.

Mitigation for fish and wildlife losses incurred as a result of the construction and operation of the water system shall be on an acre-for-acre basis, based on ecological equivalency, concur¬ rent with project construction.

SEC. 1907. USE OF PICK-SLOAN POWER.

(a) In General. — From power designated for future irrigation and drainage pumping for the Pick-Sloan Missouri River Basin Program, Western shall make available the capacity and energy required to meet the pumping and incidental operational require¬ ments of the water system during the summer electrical season.

(b) Conditions. — The capacity and energy described in sub¬ section (a) shall be made available on the following conditions:

(1) The water system shall be operated on a not-for-profit basis.

(2) The water system shall contract to purchase its entire electric service requirements, including the capacity and energy made available under subsection (a), from a cooperative power supplier which purchases power from a cooperative power sup¬ plier which itself purchases power from Western.

(3) The rate schedule applicable to the capacity and energy made available under subsection (a) shall be Western’s Pick- Sloan Eastern Division Firm Power Rate Schedule in effect when the power is delivered by Western.

(4) It shall be agreed by contract among —

(A) Western;

(B) the power supplier with which the water system contracts under paragraph (2);

(D) Mid-Dakota Rural Water System, Inc.;

that for the capacity and energy made available under subsection (a), the benefit of the rate schedule described in paragraph (3) shall be passed through to the water system, but the water system’s power supplier shall not be precluded from including in its charges to the water system for such electric service its other usual and customary charges.

(5) Mia-Dakota Rural Water System, Inc., shall pay its power supplier for electric service, other than for capacity and energy supplied pursuant to subsection (a), in accordance with the power supplier’s applicable rate schedule.

SEC. 1908. RULE OF CONSTRUCTION.

This title shall not be construed to limit authorization for water projects in the State of South Dakota under existing law or future enactments.

SEC. 1909. WATER RIGHTS.

Nothing in this title shall be construed to —

PUBLIC LAW 102-575— OCT. 30, 1992

106 STAT. 4677

(1) invalidate or preempt State water law or an interstate compact governing water;

(2) alter the rights of any State to any appropriated share of the waters of any body of surface or groundwater, whether determined by i>ast or future interstate compacts or by past or future legislative or final judicial allocations;

(3) preempt or modify any State or Federal law or interstate compact dealing with water quality or disposal; or

(4) confer upon any non-Federal entity the ability to exer¬ cise any Federal right to the waters of any stream or to any groundwater resources.

SEC. 1910. USE OF GOVERNMENT FACILITIES.

The use of and connection of water system facilities to Govern¬ ment facilities at the Oahe powerhouse and pumping plant and their use for the purpose of supplying water to the water system may be permitted to the extent that such use does not detrimentally affect the use of those Government facilities for the other purposes for which they are authorized.

SEC. 1911. AUTHORIZATION OF APPROPRIATIONS.

(a) Water System. — There is authorized to be appropriated to the Secretary $100,000,000 for the planning and construction of the water system under section 1903, plus such sums as are necessary to defray increases in development costs reflected in appropriate engineering cost indices after October 1, 1989, such sums to remain available under expended.

(b) Wetland Component. — There are authorized to be appro¬ priated to the Secretary —

(1) $2,756,000 for the initial development of the wetland component under section 1904; and

(2) such sums as are necessary for the operation and maintenance of the wetland component, not exceeding $100,000 annually, under section 1904;

TITLE XX— LAKE ANDES-WAGNER/MARTY II, SOUTH

DAKOTA

SEC. 2001. SHORT TITLE.

This title may be cited as the “Lake Andes-Wagner/Marty II Act of 1992”.

Lake Andes- Wagner/ Marty II Act of 1992. Agriculture. Irrigation.

SEC. 2002. DEMONSTRATION PROGRAM.

(a) The Secretary, acting pursuant to existing authority under the Federal reclamation laws, shall, through the Bureau of Reclama¬ tion, and in coordination with the Secretary of Agriculture and with the assistance and cooperation of an oversight committee consisting of representatives of the Bureau of Indian Affairs, Department of Agriculture, Environmental Protection Agency, United States Fish and Wildlife Service, United States Geological Survey, South Dakota Department of Game, Fish and Parks, South Dakota Department of Water and Natural Resources, Yankton- Sioux Tribe, and the Lake Andes-Wagner Water Systems, Inc., carry out a demonstration program (hereinafter in this title the “Demonstration Program”) in substantial accordance with the “Lake Andes- Wagner-Marty II Demonstration Program Plan of Study,” dated May 1990, a copy of which is on file with the Committee

106 STAT. 4678

PUBLIC LAW 102-575— OCT. 30, 1992

on Energy and Natural Resources of the Senate and the Committee on Interior and Insular Affairs of the House of Representatives.

(b) The objectives of the Demonstration Program shall include:

(1) development of accurate and definitive means of quan¬ tifying projected irrigation and drainage requirements and providing reliable estimates of drainage return flow quality and quantity with respect to glacial till and other soils found in the specific areas to be served with irrigation water by the planned Lake Andes-Wagner Unit and Marty II Unit and which may also have application to the irrigation and drainage of similar soils found in other areas of the United States;

(2) development of best management practices for the pur¬ pose of improving the efficiency of irrigation water use and developing and demonstrating management techniques and technologies for glacial till soils which will prevent or otherwise ameliorate the degradation of water quality by irrigation prac¬ tices;

(3) investigation and demonstration of the potential for development and enhancement of wetlands and fish and wildlife within and adjacent to the service areas of the planned Lake Andes-Wagner Unit and the Marty II Unit througn the applica¬ tion of water and other management practices;

(4) investigation and demonstration of the suitability of glacial till soils for crop production under irrigation, giving special emphasis to crops of agricultural commodities for which an acreage reduction program is not in effect under the provi¬ sions of the Agriculture Act of 1949 (7 U.S.C. 1461 et seq.) or by any successor programs established for crop years subse¬ quent to 1990.

(c) Study sites shall be obtained through leases from landowners who voluntarily agree to participate in the Demonstration Program under the following conditions:

(1) rentals paid under a lease shall be based on the fair rental market value prevailing for dry land farming of lands of similar quantity and quality plus a payment representing reasonable compensation for inconveniences to be encountered by the lessor;

(2) the Demonstration Program shall provide for the —

(A) supply of all water, delivery system, pivot systems and drains;

(B) operate and maintain the irrigation system;

(D) Secretary of Agriculture to determine crop rotations and cultural practices;

(E) have unrestricted access to leased lands;

(3) the Secretary and the Secretary of Agriculture may contract with the lessor and/or custom operators to accomplish agriculture work, which work shall be performed in accordance with the Demonstration Program;

(4) no grazing may be performed on a study site;

(5) crops grown shall be the property of the United States;

and

(6) at the conclusion of the lease, the lands involved will, to the extent practicable, be restored by the Secretary to their pre-leased condition at no expense to the lessor.

PUBLIC LAW 102-575— OCT. 30, 1992

106 STAT. 4679

(d) The Secretary of Agriculture shall offer crops grown under Demonstration Program for sale to the highest bidder under

ms and conditions to be prescribed by the Secretary. Any crops sold shall be disposed of as the Secretary determines to be >ropriate, except that no crop may be given away to any for- fit entity or farm operator. All receipts from crop sales shall covered into the Treasury to the credit of the fund from which >ropriations for the conduct of the Demonstration Program are ived.

(e) The land from each ownership in a study site shall be ablished by the Secretary as a separate farm. The Secretary Agriculture shall provide for lessors to preserve the cropland e and history on lands leased to the Demonstration Project ler the same terms and conditions provided for under section 16(b) of the Food Security Act of 1985 (7 U.S.C. 3836(b)). ablishment of such study site farms shall not entitle the Sec¬ ary to participate in farm programs or to build program base.

(f) The Secretary shall periodically, but not less often than e a year, report to the Committee on Energy and Natural sources of the Senate, to the Committee on Interior and Insular airs and the Committee on Agriculture of the House of Represent- ires, and to the Governor of South Dakota concerning the activi- s undertaken pursuant to this section. The Secretary’s reports 1 other information and data developed pursuant to this section ill be available to the public without charge. Each Demonstration igram report, including the report referred to in paragraph (3) this subsection, shall evaluate data covering the results of the monstration Program as carried out on the six study sites during

period covered by the report together with data developed ler the wetlands enhancement aspect during that period. The uonstration phase of the Demonstration Program shall terminate bhe conclusion of the fifth full irrigation season. Promptly there- 3r, the Secretary shall:

(1) remove temporary facilities and equipment and restore the study sites as nearly as practicable to their prelease condi¬ tion. The Secretary may transfer the pumping plant and/or distribution lines to public agencies for uses other than commer¬ cial irrigation if so doing would be less costly than removing such equipment;

(2) otherwise wind up the Demonstration Program; and

(3) prepare, in coordination with the Secretary of Agri¬ culture, a concluding report and recommendations covering the entire demonstration phase, which report shall be transmitted by the Secretary to the Congress and to the Governor of South Dakota not later than April 1 of the calendar year following the calendar year in which the demonstration phase of the Demonstration Program terminates. The Secretary’s concluding report, together with other information and data developed in the course of the Demonstration Program, shall be available to the public without charge.

(g) Costs of the Demonstration Program funded by Congres- nal appropriations shall be accounted for pursuant to the Act October 29, 1971 (85 Stat. 416). Costs incurred by the State South Dakota and any agencies thereof arising out of consultation 1 participation in the Demonstration Program shall not be mbursed by the United States.

Reports.

Public

information.

Reports.

106 STAT. 4680

PUBLIC LAW 102-575— OCT. 30, 1992

Reports.

(h) Funding to cover expenses of the Federal agencies partici¬ pating in the Demonstration Program shall be included in the budget submittals for the Bureau of Reclamation. The Secretary, using only funds appropriated for the Demonstration Program, shall transfer to the other Federal agencies funds appropriated for their expenses.

SEC. 2003. PLANNING REPORTS-ENVIRONMENTAL IMPACT STATE¬ MENTS.

(a) On the basis of the concluding report and recommendations of the Demonstration Program provided for in section 2002, the Secretary, with respect to the Lake Andes-Wagner Unit and the Marty II Unit, shall comply with the study and reporting require¬ ments of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and regulations issued to implement the provisions thereof. The final reports prepared under this subsection shall be transmitted to the Congress simultaneously with their filing with the Environmental Protection Agency.

(b) Each report prepared under subsection (a) shall include a detailed plan providing for the prevention or avoidance of adverse water quality conditions attributable to agricultural drainage water originating from lands to be irrigated by the Unit to which the report pertains. The Secretary shall not recommend that any funds be appropriated for construction of such Unit unless the respective report prepared pursuant to subsection (a) is accompanied by find¬ ings by the Secretary of Agriculture, the Director of the United States Fish and Wildlife Service, and the Administrator of the Environmental Protection Agency that the Unit to which the report pertains can be constructed, operated and maintained so as to comply with all applicable water quality standards and avoid signifi¬ cant adverse effects to fish and wildlife resulting from the bioaccumulation of selenium.

(c) The construction of a Unit may not be undertaken until the final report pertaining to that Unit, and the findings referred to in subsection (b) of this section, have lain before the Congress for not less than one hundred and eighty days and the Congress has appropriated funds for the initiation of construction.

SEC. 2004. AUTHORIZATION OF THE LAKE ANDES-WAGNER UNIT AND THE MARTY II UNIT, SOUTH DAKOTA.

Subject to the requirements of section 2003 of this title, the Secretary is authorized to construct, operate, and maintain the Lake Andes-Wagner Unit and the Marty II Unit, South Dakota, as units of the South Dakota Pumping Divisions, Pick-Sloan Mis¬ souri Basin Program. The units shall be integrated physically and financially with other Federal works constructed under the Pick- Sloan Missouri Basin Program.

SEC. 2005. CONDITIONS.

(a) 'Die Lake Andes-Wagner Unit shall be constructed, operated and maintained to irrigate not more than approximately 45,000 acres substantially as provided in the Lake Andes-Wagner Unit Planning Report-Final Environmental Impact Statement filed September 17, 1985, supplemented as provided in section 2003 of this title. The Lake Andes-Wagner Unit shall include on-fann pumps, irrigation sprinkler systems, and other on-farm facilities necessary for the irrigation of not to exceed approximately 1,700 acres of Indian-owned lands. The use of electric power and energy

PUBLIC LAW 102-575— OCT. 30, 1992

106 STAT. 4681

required to operate the facilities for the irrigation of such Indian- owned lands and to provide pressurization for such Indian-owned lands shall be considered to be a project use.

(b) The Marty II Unit shall include a river pump, irrigation distribution system, booster pumps, irrigation sprinkler systems, farm and project drains, electrical distribution facilities, and the pressurization to irrigate not more than approximately three thou¬ sand acres of Indian-owned land in the Yankton-Sioux Indian Res¬ ervation, substantially as provided in the final report for the Marty II Unit prepared pursuant to section 2003 of this title.

(c) The construction costs of the Lake Andes-Wagner Unit allo¬ cated to irrigation of non-Indian owned lands (both those assigned for return by the water users and those assigned for return mom power revenues of the Pick-Sloan Missouri Basin Program) shall be repaid no later than forty years following a determination by the Secretary that the project is substantially complete. Repayment of the construction costs of the Lake Andes-Wagner Unit appor¬ tioned to serving Indian-owned lands and of the Marty II Unit allocated to irrigation shall be governed by the Act of July 1, 1932 (47 Stat. 564, Chapter 369; 25 U.S.C. 386a).

(d) Indian-owned lands, or interests therein, required for the Lake Andes-Wagner Unit or the Marty II Unit may, as an alter¬ native to their acquisition pursuant to existing authority under the Federal reclamation laws, be acquired by exchange for land or interests therein of equal or greater value which are owned by the United States and administered by the Secretary or which may be acquired for that purpose by the Secretary.

(e) For purposes of participation of lands in the Lake Andes- Wagner Unit and the Marty II Unit in programs covered by title V of the Agriculture Act of 1949 (7 U.S.C. 1461, et seq.) as amended by subtitle A of title XI of the Food, Agriculture, Conservation and Trade Act of 1990 the crop acreage base determined under title V of that Act as so amended and the program payment yield determined under title V of that Act as so amended shall be the crop acreage base and program payment yield established for the crop year immediately preceding the crop year in which the develop¬ ment period for each Unit is initiated. For any successor programs established for crop years subsequent to 1995, the acreage and yield on which any program payments are based shall be determined without taking into consideration any increase in acreage or yield resulting from the construction and operation of the Units.

(f) Mitigation of fish and wildlife losses incurred as a result of the construction and operation of the facilities authorized by this section shall be concurrent with the construction of the Unit involved and shall be on an acre-for-acre basis, based on ecological equivalency. In addition to the fish and wildlife enhancement to be provided by the fish rearing pond of the Lake Andes Unit, other facilities of that Unit may be utilized to provide fish and wildlife benefits beyond the mitigation required to the extent that such benefits may be provided without increasing costs of construc¬ tion, operation, maintenance or replacement allocable to irrigation or impairing the efficiency of that Unit for irrigation purposes.

SEC. 2006. INDIAN EMPLOYMENT.

In carrying out sections 2002, 2004 and 2005 of this title, preference shall be given to the employment of members of the Yankton-Sioux Tribe who can perform the work required regardless

4682

PUBLIC LAW 102-575— OCT. 30, 1992

of age (subject to existing laws and regulations), sex, or religion, and to the extent feasible in connection with the efficient perform¬ ance of such functions, training and employment opportunities shall be provided to members of the Yankton-Sioux Tribe regardless of age (subject to existing laws and regulations), sex, or religion who are not fully qualified to perform such functions.

SEC. 2007. FEDERAL RECLAMATION LAWS GOVERN.

This title is a supplement to the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts supplemental thereto and amendatory thereof). The Federal reclamation laws shall govern all functions undertaken pursuant to this title, except as otherwise provided in this title.

SEC. 2008. COST SHARING.

(a) In General. — The Secretary is authorized and directed to enter into negotiations with State and local interests for an agreement providing for the equitable sharing of the costs of con¬ structing the Lake Andes-Wagner Unit.

(b) The agreement shall include provisions for:

(1) the establishment and capitalization of the non-Federal fund, including, subject to the Secretary’s approval, investment policies and selection of the administering financial institution, and including also provisions dealing with withdrawals of mon¬ eys in the fund for construction purposes;

(2) the District to administer the design and construction, which shall be subject to the approval of the Secretary, of the distribution ana drainage systems for the Lake Andes- Wagner Unit;

(3) financing, from moneys in the fund referred to in para¬ graph (1), the construction cost of the ring dike; and

(4) financing, from moneys in the fund referred to in para¬ graph (1), the construction cost of the Unit’s closed drainage

' system; subject to the conditions that:

(A) construction of the closed drainage system shall commence not earlier than the sixth year of full operation of the Unit and shall continue over a period of thirty- five years as required by the Secretary subject to such modifications in the commencement date and the construc¬ tion period as the Secretary determines to be required on the basis of physical conditions; and

(B) the District, in addition to such annual assessment as may be required to meet its expenses (including oper¬ ation and maintenance costs and any annual repayment installments to the United Stated) shall, commencing three years after issuance by the Secretary of a notice that construction of the Unit (other than drainage facilities) has been completed, levy assessments annually of not less than $1.00 per irrigable acre calculated to provide moneys sufficient, together with other moneys in the fund, includ¬ ing anticipated accruals, referred to in paragraph (1), to finance the construction of the closed drainage system.

(c) Notwithstanding any other requirements of tins section, the Secretary shall require that the agreement to be negotiated pursuant to this section shall provide that the total non-Federal share of the costs of construction allocable to irrigation of the facilities of the Lake Andes-Wagner Unit to be constructed pursuant to subsection (a) of section 2004 of this title (other than the costs

PUBLIC LAW 102-575— OCT. 30, 1992

106 STAT. 4683

apportionable to serving Indian-owned lands and the facilities described in the second sentence of that subsection) shall be 30 percent. The 30 percent non-Federal share shall include:

(1) funds to be deposited in the non-Federal fund referred to in paragraph (1) of subsection (b) of this section and interest earned thereon;

(2) all funds heretofore or hereafter made available to the United States by non-Federal interests, or expended by such interests, for planning or advance planning assistance for the Lake Andes-Wagner Unit or for the Marty II Unit; and

(3) any feature to which this section applies shall not be initiated until after the District and the State have entered into the cost-share agreement with the United States required by this section.

SEC. 2009. AUTHORIZATION OF APPROPRIATIONS.

(a) Lake Andes-Wagner Unit.— There are authorized to be appropriated, subject to the findings required pursuant to section 2003(b) of this title —

(1) $175,000,000 (October 1989 price levels) for construction of the Lake Andes-Wagner Unit (other than the facilities described in the second sentence of subsection (a) of section 2005 of this title) less the non-Federal contributions as provided in subsections (b) and (c) of section 2008 of this title; and

(2) $1,350,000 (October 1989 price levels) for construction of the facilities described in the second sentence of subsection

(a) of section 2005 of this title, which amounts include costs of the Lake Andes-Wagner Irrigation District in administering design and construction of the irrigation distribution and drain¬ age systems.

(b) Marty II Unit. — There are authorized to be appropriated $24,000,000 (January 1989 price levels) for construction by the Bureau of Reclamation in consultation with the Bureau of Indian Affairs of the Marty II Unit.

(c) The amounts authorized to be appropriated by subsections (a) and (b) of this section shall be plus or minus such amounts, if any, as may be required by reason of changes in construction costs as indicated by engineering cost indices applicable to the type of construction involved.

(d) Demonstration Program.— There are authorized to be appropriated such amounts as may be necessary to carry out the Demonstration Program.

(e) Operation and Maintenance.— There are authorized to be appropriated such amounts as may be necessary for the operation and maintenance of each Unit.

SEC. 2010. INDIAN WATER RIGHTS.

Nothing in this title shall be construed as affecting any water rights or claims thereto of the Yankton-Sioux tribe.

TITLE XXI — RIO GRANDE FLOODWAY, SAN ACACIA TO BOSQUE DEL APACHE UNIT, NEW MEXICO

SEC. 2101. CLARIFICATION OF COST-SHARE REQUIREMENTS.

Notwithstanding any other provision of law, the project for flood control, Rio Grande Floodway, San Acacia to Bosque del Apache Unit, New Mexico, authorized by section 203 of the Flood

106 STAT. 4684

PUBLIC LAW 102-575— OCT. 30, 1992

Control Act of 1948 (Public Law 80-858) and amended by section 204 of the Flood Control Act of 1950 (Public Law 82-516) is modified to more equitably reflect the non-Federal benefits from the project in relation to the total benefits of the project by reducing the non-Federal contribution for the project by that percentage of bene¬ fits which is attributable to the Federal properties: Provided, how¬ ever, That the Federal property benefits exceed 50 per centum of the total project benefits.

TITLE XXXI— SUNNYSIDE VALLEY IRRIGATION DISTRICT,

WASHINGTON

SEC. 2201. CONVEYANCE TO SUNNYSIDE VALLEY IRRIGATION DIS¬ TRICT.

The Secretary of the Interior shall convey to Sunnyside Valley Irrigation District of Sunnyside, Washington, by quitclaim deed or other appropriate instrument and without consideration, all right, title, and interest of the United States, excluding oil, gas, and other mineral deposits, in and to a parcel of public land described at lots 1 and 2 of block 34 of the town of Sunnvside in section 25, township 10 north, range 22 east, Willamette Merid¬ ian, Washington.

TITLE XXIII— PLATORO RESERVOIR AND DAM, SAN LUIS VALLEY PROJECT, COLORADO

SEC. 2301. FINDINGS AND DECLARATIONS.

The Congress finds that and declares the following:

(1) Platoro Dam and Reservoir of the Platoro Unit of the Conejos Division of the San Luis Valley Project was built in 1951 and for all practical purposes has not been usable because of the constraints imposed by the Rio Grande Compact of 1939 on the use of the Rio Grande River among the States of Colo¬ rado, New Mexico, and Texas.

(2) The usefulness of Platoro Reservoir under future com¬ pact compliance depends upon the careful conservation and wise management of water and requires the operation of the reservoir project in conjunction with privately owned water rights of the local water users.

(3) It is in the best interest of the people of the United States to —

(A) transfer operation, maintenance, and replacement responsibility for the Platoro Dam and Reservoir to the Conejos Water Conservancy District of the State of Colo¬ rado, which is the local water user district with repayment responsibility to the United States, and the local represent¬ ative of the water users with privately owned water rights;

(B) relieve the people of the United States from further risk Or obligation in connection with the collection of construction charge repayments and annual operation and maintenance payments for the Platoro Dam and Reservoir by providing for payment of a one-time fee to the United States in lieu of the scheduled annual payments and termi¬ nation of any further repayment obligation to the United States and the District (Contract Number Ilr-1529, as amended); and

PUBLIC LAW 102-575— OCT. 30, 1992

106 STAT. 4685

(C) determine such one-time fee, taking into account the assumption by the District of all of the operations and maintenance costs associated with the reservoir, including the existing Federal obligation for the operation and maintenance of the reservoir for flood control purposes, and maintaining a minimum stream flow as provided in section 2302(d) of this title.

SEC. 2302. TRANSFER OF OPERATION AND MAINTENANCE RESPON¬ SIBILITY OF PLATORO RESERVOIR.

(a) In General. — The Secretary is authorized and directed to undertake the following:

(1) Accept a one-time payment of $450,000 from the district in lieu of the repayment obligation of paragraphs 8(d) and 11 of the Repayment Contract between the United States and the District (Number Ilr-1529) as amended.

(2) Enter into an agreement for the transfer of all of the operation and maintenance functions of the Platoro Dam and Reservoir, including the operation and maintenance of the res¬ ervoir for

United States Statutes At Large Volume 106 Part Vi

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