Page:United States Statutes at Large Volume 109 Part 1.djvu/437

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PUBLIC LAW 104-46—NOV. 13, 1995 109 STAT. 421 839e, and notwithstanding the provisions of 16 U.S.C. 839c(c), the cost benefits of eligible utilities' total purchase and exchange sales under 16 U.S.C. 839c(c)(l) shall be $145,000,000 for fiscal year 1997, and the net benefits paid to each eligible electric utility shall be $145,000,000 multiplied by the percentage of the total of such net benefits paid by the Administrator to such utility for fiscal year 1995. (f) PERSONNEL FLEXIBILITY. —The Administrator may offer employees voluntary separation incentives as deemed necessary which shall not exceed $25,000. Recipients who accept employment with the United States within five years after separation shall repay the entire amount to the Bonneville Power Administration. (g) SAVINGS. —Unless superseded by an Act of Congress, the authority provided by this section is expressly intended to extend beyond the fiscal year. SEC. 509. Section 7 of the Magnetic Fusion Energy Engineering Act (42 U.S.C. 9396) is repealed. 42 USC 9306. SEC. 510. WATER LEVELS IN RAINY LAKE AND NAMAKAN LAKE.— (a) FINDINGS. —Congress finds that— (1) the Rainy Lake and Namakan Reservoir Water Level International Steering Committee conducted a 2-year analysis in which public comments on the water levels in Rainy Lake and Namakan Lake revealed significant problems with the current regulation of water levels and resulted in Steering Committee recommendations in November 1993; and (2) maintaining water levels closer to those recommended by the Steering Committee will help ensure the enhancement of water quality, fish and wildlife, and recreational resources in Rainy Lake and Namakan Lake. (b) DEFINITIONS.— In this section: (1) EXISTING RULE CURVE.— The term "existing rule curve" means each of the rule curves promulgated by the International Joint Commission to regulate water levels in Rainy Lake and Namakan Lake in effect as of the date of enactment of this Act. (2) PROPOSED RULE CURVE. — The term "proposed rule curve" means each of the rule curves recommended by the Rainy Lake and Namakan Reservoir International Steering Committee for regulation of water levels in Rainy Lake and Namakan Lake in the publication entitled "Final Report and Recommendations" published in November 1993. (c) WATER LEVELS.—The dams at International Falls and Kettle Falls, Minnesota, in Rainy Lake and Namakan Lake, respectively, shall be operated so as to maintain water levels as follows: (1) COINCIDENT RULE CURVES. —In each instance in which an existing rule curve coincides with a proposed rule curve, the water level shall be maintained within the range of such coincidence. (2) NONCOINCIDENT RULE CURVES. — In each instance in which an existing rule curve does not coincide with a proposed rule curve, the water level shall be maintained at the limit of the existing rule curve that is closest to the proposed rule curve. (d) ENFORCEMENT.— (1) IN GENERAL.— The Federal Energy Regulatory Commission shall enforce this section as though the provisions were