Page:United States Statutes at Large Volume 100 Part 2.djvu/150

 100 STAT. 1252 Ante, p. 1249. 16 USC 796.

PUBLIC LAW 99-495—OCT. 16, 1986

moratorium period if the project utilizes a new dam or diversion (as defined in section 210(k) of such Act) unless the project is either— (1) a project located at a Government dam (as defined in section 3(10) of the Federal Power Act) at which non-Federal hydroelectric development is permissible, or (2) a project described in paragraphs (2), (3), or (4) of subsection (b). For purposes of this subsection, the term "moratorium period" means the period beginning on the date of the enactment of this Act and ending at the expiration of the first full session of Congress after the session during which the report under subsection (d) has been submitted to the Congress. SEC. 9. FEES AND CHARGES FOR USE OF DAMS AND STRUCTURES.

16 USC 803.

(a) FEES AND CHARGES.—Section 10(e) of the Federal Power Act is amended as follows: (1) Insert "(1)" after "(e)". (2) Add the following at the end thereof: "(2) In the case of licenses involving the use of Government dams or other structures owned by the United States, the charges fixed (or readjusted) by the Commission under paragraph (1) for the use of such dams or structures shall not exceed 1 mill per kilowatt-hour for the first 40 gigawatt-hours of energy a project produces in any year, iy2 mills per kilowatt-hour for over 40 up to and including 8 gigawatt-hours in any year, and 2 mills per kilowatt-hour for any energy the project produces over 80 gigawatt-hours in any year. Except as provided in subsection (f), such charge shall be the only charge assessed by any agency of the United States for the use of such dams or structures. "(3) The provisions of paragraph (2) shall apply with respect to— "(A) all licenses issued after the date of the enactment of this paragraph; and "(B) all licenses issued before such date which— "(i) did not fix a specific charge for the use of the Government dam or structure involved; and "(ii) did not specify that no charge would be fixed for the use of such dam or structure. "(4) Every 5 years, the Commission shall review the appropriateness of the annual charge limitations provided for in this subsection and report to Congress concerning its recommendations thereon.". Indians. (b) SAVINGS PROVISIONS.—Nothing in this Act shall affect any 16 USC 803 note, annual charge to be paid pursuant to section 10(e) of the Federal Power Act to Indian tribes for the use of their lands within Indian reservations. SEC. 10. ELECTION AND NEGOTIATIONS CONCERNING PROJECTS SUBJECT TO LITIGATION.

CONTESTED

(a) APPLICATION OF SECTION.—This section applies to any relicensing proceeding initiated prior to October 1983 at the Federal Energy Regulatory Commission involving the following projects: Mokelumne (No. 137), California; Phoenix (No. 1061), California; Rock Creek/Cresta (No. 1962), California; Haas-King (No. 1988), California; Poole (No. 1388), California; Olmsted (No. 596), Utah; Weber (No. 1744), Utah; Rush Creek (No. 1389), California; and Shawano (No. 710), Wisconsin. The numbers in this subsection refer to Federal Energy Regulatory Commission project identification numbers for the existing licensee. This subsection shall also apply to

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