Section was enacted as part of the Energy and Water Development Appropriations Act, 2005, and also as part of the Consolidated Appropriations Act, 2005, and not as part of the Federal Power Act which generally comprises this chapter. Section is based on the proviso in the paragraph under the headings “POWER MARKETING ADMINISTRATIONS” and “Operation and Maintenance, Southwestern Power Administration” in title III of div. C of Puspan. L. 108–447.

Provisions similar to those in this section were contained in the following prior appropriation act:

Puspan. L. 108–137, title III, Dec. 1, 2003, 117 Stat. 1858.