110 STAT. 630 PUBLIC LAW 104-106—FEB. 10, 1996 unless the President determines that a domestic ferroalloy producer is not available to acquire the material. (c) DOMESTIC FERROALLOY PRODUCER DEFINED.— For purposes of this section, the term "domestic ferroalloy producer" means a company or other business entity that, as determined by the President— (1) is engaged in operations to upgrade manganese ores of metallurgical grade or manganese ferro; and (2) conducts a significant level of its research, development, engineering, and upgrading operations in the tJnited States. SEC. 3305. TITANIUM INITIATIVE TO SUPPORT BATTLE TANK UPGRADE PROGRAM. During each of the fiscal years 1996 through 2003, the Secretary of Defense shall transfer from stocks of the National Defense Stockpile up to 250 short tons of titanium sponge to the Secretary of the Army for use in the weight reduction portion of the main battle tank upgrade program. Transfers under this section shall be without charge to the Army, except that the Secretary of the Army shall pay all transportation and related costs incurred in connection with the transfer. Subtitle B—Programmatic Change SEC. 3311. TRANSFER OF EXCESS DEFENSE-RELATED MATERIALS TO STOCKPILE FOR DISPOSAL. (a) TRANSFER AND DISPOSAL.—Section 4 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98c) is amended by adding at the end the following new subsection: "(c)(1) The Secretary of Energy, in consultation with the Secretary of Defense, shall transfer to the stockpile for disposal in accordance with this Act uncontaminated materials that are in the Department of Energy inventory of materials for the production of defense-related items, are excess to the requirements of the Department for that purpose, and are suitable for transfer to the stockpile and disposal through the stockpile. "(2) The Secretary of Defense shall determine whether materials are suitable for transfer to the stockpile under this subsection, are suitable for disposal through the stockpile, and are uncontaminated.". (b) CONFORMING AMENDMENT. —Subsection (a) of such section is amended by adding at the end the following: "(10) Materials transferred to the stockpile under subsection (c).". TITLE XXXIV—NAVAL PETROLEUM RESERVES Subtitle A—Administration of Naval Petroleum Reserves SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. There is hereby authorized to be appropriated to the Secretary of Energy $148,786,000 for fiscal year 1996 for the purpose of
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