Page:United States Statutes at Large Volume 106 Part 4.djvu/272

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106 STAT. 3008 PUBLIC LAW 102-486—OCT. 24, 1992 to the United Nations Framework Convention on Climate Change, including all protocols or agreements related thereto. (d) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated for deposit in the Fund to carry out the purposes of this section, $50,000,000 for fiscal year 1994 and such sums as may be necessary for fiscal years 1995 and 1996. TITLE XVII—ADDITIONAL FEDERAL POWER ACT PROVISIONS SEC. 1701. ADDITIONAL FEDERAL POWER ACT PROVISIONS. (a) ANNUAL CHARGES FOR COSTS.— (1) Section 10(e)(1) of the 16 USC 803. Federal Power Act is amended by striking the semicolon after "Part" and inserting the following: ", including any reasonable and necessary costs incurred by Federal and State fish and wildlife agencies and other natural and cultural resource agencies in connection with studies or other reviews carried out by such agencies for purposes of administering their responsibilities under this part;". (2) Section 10(e)(1) of such Act is further amended by inserting after "as conditions may require:" the following proviso: "Provided, That, subject to annual appropriations Acts, the portion of such annual charges imposed by the Commission under this subsection to cover the reasonable and necessanr costs of such agencies shall be available to such agencies (in audition to other funds appropriated for such purposes) solely for carrying out such studies and reviews and shall remain available until expended:". 16 USC 811 note. (b) CLARIFICATION OF AUTHORITY REGARDING FiSHWAYS.— The definition of the term "fishway" contained in 18 C.F.R. 4.30(b)(9)(iii), as in effect on the date of enactment of this Act, is vacated without prejudice to any definition or interpretation by rule of the term fishway^' by the Federal Energy Regulaton^ Commission for purposes of implementing section 18 of the Federal Power Act: Provided, That any future definition promulgated by regulatory rulemaking shall have no force or effect unless concurred in by the Secretary of the Interior and the Secretary of Commerce: Provided further. That the items which may constitute a "fishway^ under section 18 for the safe and timely upstream and downstream passage of fish shall be limited to physical structures, facilities, or devices necessary to maintain all life stages of such fish, and project operations and measures related to such structures, facilities, or devices which are necessary to ensure the effectiveness of such structures, facilities, or devices for such fish. (c) EXTENSION OF DEADLINES.—(1) Notwithstanding the time limitations of section 13 of the Federal Power Act, the Federal Energy Regulatory Commission, upon the request of the licensee for FERC Project No. 4031 (and after reasonable notice), is authorized, in accordance with the good faith, due diligence, and public interest requirements of such section 13 and the Commission's procedures under such section, to extend the time required for commencement of construction of such project for up to a maximum of 3 consecutive 2-year periods. This section shall take effect for such project upon the expiration of the extension (issued by the Commission under such section 13) of the period required for commencement of construction of such project. (2) Notwithstanding the time limitations of section 13 of the Federal Power Act, the Federal Energy Regulatory Commission,