[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1905 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
August 1 (legislative day, July 10), 1995.
Resolved, That the bill from the House of Representatives (H.R.
1905) entitled ``An Act making appropriations for energy and water
development for the fiscal year ending September 30, 1996, and for
other purposes'', do pass with the following
AMENDMENTS:
(1)Page 2, line 20, strike out [$129,906,000] and insert: $126,323,000
(2)Page 2, strike out all after line 22, over to and including line 2
on page 3 and insert:
Norco Bluffs, California, $375,000;
Indianapolis Central Waterfront, Indiana, $1,000,000;
Kentucky Lock and Dam, Kentucky, $2,500,000; and
West Virginia Port Development, West Virginia, $300,000.
(3)Page 3, line 12, strike out [$807,846,000] and insert: $778,456,000
(4)Page 3, strike out all after line 22, over to and including line 25
on page 4 and insert:
Homer Spit, Alaska, repair and extend project, $3,800,000;
McClellan-Kerr Arkansas River Navigation System, Arkansas,
$6,000,000: Provided, That $4,900,000 of such amount shall be
used for activities relating to Montgomery Point Lock and Dam,
Arkansas;
Red River Emergency Bank Protection, Arkansas and
Louisiana, $6,600,000;
Sacramento River Flood Control Project (Glenn-Colusa
Irrigation District), California, $300,000;
Arkansas City flood control project, Kansas, $700,000,
except that for the purposes of the project, section 902 of
Public Law 99-662 is waived;
Winfield, Kansas, $670,000;
Harlan (Levisa and Tug Forks of the Big Sandy River and
Upper Cumberland River), Kentucky, $12,000,000;
Williamsburg (Levisa and Tug Forks of the Big Sandy River
and Upper Cumberland River), Kentucky, $4,100,000;
Middlesboro (Lesiva and Tug Forks of the Big Sandy River
and Upper Cumberland River), Kentucky, $1,600,000;
Salyersville, Kentucky, $500,000;
Lake Pontchartrain and Vicinity (Hurricane Protection),
Louisiana, $11,838,000;
Ouachita River Levees, Louisiana, $2,300,000;
Red River below Denison Dam Levee and Bank Stabilization,
Louisiana, Arkansas, and Texas, $2,000,000;
Roughans Point, Massachusetts, $710,000;
Marshall, Minnesota, $850,000;
Ste. Genevieve, Missouri, $1,000,000;
Broad Top Region, Pennsylvania, $2,000,000;
Glen Foerd, Pennsylvania, $200,000;
Wallisville Lake, Texas, $5,000,000;
Virginia Beach Erosion Control and Hurricane Protection,
Virginia, $1,100,000;
Hatfield Bottom (Levisa and Tug Forks of the Big Sandy
River and Upper Cumberland River), West Virginia, $200,000; and
Upper Mingo (Levisa and Tug Forks of the Big Sandy River
and Upper Cumberland River, West Virginia, $2,000,000:
Provided, That the Secretary of the Army, acting through the
Chief of Engineers, shall transfer $1,120,000 of the
Construction, General funds appropriated in this Act to the
Secretary of the Interior and the Secretary of the Interior
shall accept and expend such funds for performing operation and
maintenance activities at the Columbia River Fishing Access
Sites to be constructed by the Department of the Army at
Cascade Locks, Oregon; Lone Pine, Oregon; Underwood,
Washington; and the Bonneville Treaty Fishing Access Site,
Washington.
(5)Page 5, line 19, strike out [$1,712,123,000] and insert:
$1,696,998,000
(6)Page 6, line 4, strike out [$5,926,000] and insert: $3,426,000
(7)Page 6, line 6, after ``project'' insert: : Provided further, That
the Secretary of the Army is directed during fiscal year 1996 to
maintain a minimum conservation pool level of 475.5 at Wister Lake in
Oklahoma
(8)Page 7, line 3, strike out [$150,000,000] and insert: $153,000,000
to remain available until expended
(9)Page 7, line 3, strike out all after ``Provided,'' down to and
including ``further,'' in line 6
(10)Page 7, line 13, after ``Congress'' insert: (including the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives)
(11)Page 8, strike out lines 7 to 25 and insert:
Sec. 101. (a) In fiscal year 1996, the Secretary of the Army shall
advertise for competitive bid at least 7,500,000 cubic yards of the
hopper dredge volume accomplished with government owned dredges in
fiscal year 1992.
(b) Notwithstanding the provisions of this section, the Secretary
is authorized to use the dredge fleet of the Corps of Engineers to
undertake projects when industry does not perform as required by the
contract specifications or when the bids are more than 25 percent in
excess of what the Secretary determines to be a fair and reasonable
estimated cost of a well equipped contractor doing the work or to
respond to emergency requirements.
(c) None of the funds appropriated herein or otherwise made
available to the Army Corps of Engineers, including amounts contained
in the Revolving Fund of the Army Corps of Engineers, may be used to
study, design or undertake improvements or major repair of the Federal
vessel, McFARLAND, except for normal maintenance and repair necessary
to maintain the vessel McFARLAND's current operational condition.
(d) If any of the four Corps of Engineers hopper dredges is removed
from normal service for repair or rehabilitation and such repair
prevents the dredge from accomplishing its volume of work regularly
carried out in each of the past three years, the Corps of Engineers
shall reduce the 7,500,000 cubic yards of hopper dredge volume
contained in subsection (a) of this section by the proportional amount
of work which had been allocated to such dredge over the past three
fiscal years in calculating the reduction in Corps dredging work
required to implement subsection (a).
(12)Page 10, after line 2, insert:
Sec. 103. None of the funds appropriated herein or otherwise
available to the Army Corps of Engineers, may be used to assist, guide,
coordinate, administer; prepare for occupancy of; or acquire
furnishings for or in preparation of a movement to the Southeast
Federal Center.
(13)Page 10, after line 2, insert:
Sec. 104. The project for flood control for Petersburg, West
Virginia, authorized by section 101(a)(26) of the Water Resources
Development Act of 1990 (P.L. 101-640, 104 Stat. 4611) is modified to
authorize the Secretary of the Army to construct the project at a total
cost not to exceed $26,600,000, with an estimated first Federal cost of
$19,195,000 and an estimated first non-Federal cost of $7,405,000.
(14)Page 10, after line 2, insert:
Sec. 105. (a) The Secretary of the Army is authorized to accept
from a non-Federal sponsor an amount of additional lands not to exceed
300 acres which are contiguous to the Cooper Lake and Channels Project,
Texas, authorized by the River and Harbor Act of 1965 and the Water
Resources Development Act of 1986, and which provide habitat value at
least equal to that provided by the lands authorized to be redesignated
in subsection (b).
(b) Upon the completion of subsection (a), the Secretary is further
authorized to redesignate an amount of mitigation land not to exceed
300 acres to recreation purposes.
(c) The cost of all work to be undertaken pursuant to this section,
including but not limited to real estate appraisals, cultural and
environmental surveys, and all development necessary to avoid net
mitigation losses, to the extent such actions are required, shall be
borne by the donating sponsor.
(15)Page 10, after line 2, insert:
SEC. 106. WATER LEVEL IN LAKE TRAVERSE, SOUTH DAKOTA AND MINNESOTA.
(a) In General.--Subject to subsection (b), notwithstanding any
other law, the Secretary of the Army, acting through the Chief of
Engineers of the Army Corps of Engineers and using funds made available
under this Act, shall, to the greatest extent practicable, take such
actions as are necessary to obtain and maintain an elevation of 977
feet above sea level in Lake Traverse, South Dakota and Minnesota.
(b) Limitation.--No action taken under subsection (a) shall result
in flooding at Mud Lake, South Dakota and Minnesota.
(16)Page 10, after line 2, insert:
Sec. 107. Using funds appropriated herein the Secretary of the
Army, acting through the Chief of Engineers, is authorized to undertake
the Coos Bay, Oregon project in accordance with the Report of the Chief
of Engineers, dated June 30, 1994, at a total cost of $14,541,000, with
an estimated Federal cost of $10,777,000 and an estimated non-Federal
cost of $3,764,000.
(17)Page 11, line 13, strike out [$13,114,000] and insert: $11,234,000
(18)Page 11, line 21, after ``expended'' insert: : Provided further,
That within available funds, $300,000 is for the completion of the
feasibility study of alternatives for meeting the drinking water needs
on the Cheyenne River Sioux Reservation and surrounding communities
(19)Page 12, line 2, strike out [$417,301,000] and insert:
$390,461,000
(20)Page 12, line 5, strike out [$94,225,000] and insert: $92,725,000
(21)Page 13, line 11, strike out [$278,759,000] and insert:
$267,393,000
(22)Page 16, lines 23 and 24, strike out [$2,576,700,000 (less
$1,000,000), to remain available until expended] and insert:
$2,793,324,000 to remain available until expended: Provided, That no
more than $7,500,000 of such funds shall be used for the termination of
the Gas Turbine-Modular Helium Reactor program
(23)Page 16, line 24, after ``expended'' insert: , of which amount
within available funds $56,000,000 may be available to continue
operation of the Tokamak Fusion Test Reactor (for which purpose, the
Secretary may use savings from reducing general administrative expenses
in accordance with the Department of Energy's strategic alignment and
downsizing effort, but none of the savings used for this purpose shall
come from programmatic accounts within this title)
(24)Page 16, line 24, after ``expended'' insert: : Provided further,
That within the amount for Indian Energy Resource projects, $2,000,000
may be made available to fund the Crow energy resources programs under
title XXVI of the Energy Policy Act of 1992 (25 U.S.C. 3501 et seq.)
(25)Page 16, line 24, strike out all after ``expended'' over to and
including ``13316)'' in line 2 on page 17
(26)Page 17, after line 2 insert:
Funding for Energy Supply, Research and Development Activities Relating
To Renewable Energy Sources
(a) Reduction in Appropriation for Departmental Administration.--
Notwithstanding any other provision of this Act, the amount
appropriated in title III of this Act under the heading Departmental
Administration is hereby reduced by $25,000,000.
(b) Increase in Appropriation for Energy Supply, Research and
Development Activities.--Notwithstanding any other provision of this
Act, the amount appropriated in title III of this Act under the heading
Energy Supply, Research and Development Activities is hereby increased
by $37,000,000.
(c) Availability of Funds.--Of the funds appropriated in title III
of this Act under the heading Energy Supply, Research and Development
Activities--
(1) not less than $4,500,000 shall be available for solar
building technology research;
(2) not less than $78,929,000 shall be available for
photovoltaic energy systems;
(3) not less than $28,443,000 shall be available for solar
thermal energy systems;
(4) not less than $55,300,000 shall be available for
biofuels of which no less than half shall go toward the Biomass
Electric Program;
(5) not less than $42,000,000 shall be available for wind
energy systems;
(6) not less than $8,000,000 shall be available for
international solar energy programs;
(7) not less than $9,000,000 shall be available for
hydrogen research.
(27)Page 18, line 23, strike out [$991,000,000] and insert:
$971,000,000
(28)Page 19, strike out lines 2 to 6 and insert:
For the nuclear waste disposal activities to carry out the purposes
of Public Law 97-425, as amended, including the acquisition of real
property or facility construction or expansion, $151,600,000 to remain
available until expended, to be derived from the Nuclear Waste Fund:
Provided, That of the amount herein appropriated together with the
amount provided in the Defense Nuclear Waste Disposal Appropriation
contained in this title, within available funds, no more than
$250,000,000 shall be available to continue, at a reduced level, the
technical site characterization effort and to retain deferred licensing
capability at the Yucca Mountain site: Provided further, That the
facility for the initial storage of no more than 40,000 metric tons of
uranium at a site to be determined by the President shall be licensed
by the Nuclear Regulatory Commission for an unspecified period, in
accordance with its regulations governing the licensing of independent
spent fuel storage installations, without regard to sections 148(a) and
148(d) of Public Law 97-425: Provided further, That the facility shall
be expandable for the subsequent transportation and interim storage of
up to 100,000 metric tons of uranium and shall be operational in the
1998 timeframe, consistent with sections 135(a)(1)(B), 135(a)(4),
137(a), 141(a), 148(a), 148(b), and 148(c) of Public Law 97-425, but
without regard to sections 131(a)(3), 131(b)(2), 135(a)(1), 135(d),
135(e), 146, 148(d)(1), 148(d)(3), and 148(d)(4) of Public Law 97-425:
Provided further, That the director shall review the program's
institutional activities, including all cooperative agreements,
international commitments, and university assistance, and shall make
available to these entities amounts commensurate with the revised
program for nuclear waste disposal activities: Provided further, That
any funds provided to the State of Nevada are for the sole purpose of
conduct of its scientific oversight responsibilities pursuant to Public
Law 97-425, as amended: Provided further, That none of the funds herein
appropriated may be used directly or indirectly to influence
legislative action on any matter pending before Congress or a State
legislature or for any lobbying activity as provided in section 1913 of
title 18, United States Code: Provided further, That the Secretary
shall submit to the Congress within 90 days a revised program plan and
schedule, including a new five-year budget, that addresses the
construction and operation of the interim storage capability, the
revised site characterization program at the Yucca Mountain site, and
the results of the Director's review of the program's institutional
activities.
(29)Page 19, line 19, strike out [$3,273,014,000] and insert:
$3,751,719,000
(30)Page 20, line 7, strike out [$5,265,478,000] and insert:
$5,989,750,000
(31)Page 20, line 18, strike out [$1,323,841,000] and insert:
$1,439,112,000
(32)Page 20, line 18, after ``expended'' insert: : Provided, That
within available funds, $4,952,000 is provided for electrical and
utility systems upgrade, Idaho Chemical Processing Plant, Idaho
National Engineering Laboratory, project number 96-D-463
(33)Page 20, line 23, strike out [$198,400,000] and insert:
$248,400,000
(34)Page 20, line 24, after ``pended'' insert: , all of which shall be
used in accordance with the terms and conditions of the Nuclear Waste
Fund appropriation of the Department of Energy contained in this title
(35)Page 21, line 8, strike out [$362,250,000] and insert:
$377,126,000
(36)Page 21, line 17, strike out [$122,306,000] and insert:
$137,306,000
(37)Page 21, line 25, strike out [$239,944,000] and insert:
$239,820,000
(38)Page 22, line 4, strike out [$26,000,000] and insert: $25,000,000
(39)Page 25, line 9, strike out [$132,290,000] and insert:
$131,290,000
(40)Page 25, line 11, strike out [$132,290,000] and insert:
$131,290,000
(41)Page 26, line 6, strike out [$142,000,000] and insert:
$182,000,000
(42)Page 26, after line 14 insert:
DELAWARE RIVER BASIN COMMISSION
Salaries and Expenses
For expenses necessary to carry out the functions of the United
States member of the Delaware River Basin Commission, as authorized by
law (75 Stat. 716), $440,000: Provided, That the United States
Commissioner (Alternate Federal Member) shall not be compensated at a
level higher than General Schedule level 15.
Contribution to Delaware River Basin Commission
For payment of the United States share of the current expenses of
the Delaware River Basin Commission, as authorized by law (75 Stat.
706, 707), $478,000.
(43)Page 26, after line 14 insert:
INTERSTATE COMMISSION ON THE POTOMAC RIVER BASIN
Contribution to Interstate Commission on the Potomac River Basin
To enable the Secretary of the Treasury to pay in advance to the
Interstate Commission on the Potomac River Basin the Federal
contribution toward the expenses of the Commission during the current
fiscal year in the administration of its business in the conservancy
district established pursuant to the Act of July 11, 1940 (54 Stat.
748), as amended by the Act of September 25, 1970 (Public Law 91-407),
$511,000.
(44)Page 27, line 3, strike out [$468,300,000] and insert:
$474,300,000
(45)Page 27, line 4, strike out [$11,000,000] and insert: $17,000,000
(46)Page 28, line 9, strike out [$11,000,000] and insert: $17,000,000
(47)Page 29, line 17, strike out [$2,531,000] and insert: $2,664,000
(48)Page 29, after line 19 insert:
SUSQUEHANNA RIVER BASIN COMMISSION
Salaries and Expenses
For expenses necessary to carry out the functions of the United
States member of the Susquehanna River Basin Commission as authorized
by law (84 Stat. 1541), $280,000: Provided, That the United States
Commissioner (Alternate Federal Member) shall not be compensated at a
level higher than General Schedule level 15.
Contribution to Susquehanna River Basin Commission
For payment of the United States share of the current expenses of
the Susquehanna River Basin Commission, as authorized by law (84 Stat.
1530, 1531), $288,000.
(49)Page 30, line 1, strike out [$103,339,000] and insert:
$110,339,000
(50)Page 30, line 2, after ``expended'' insert: . Of the funds
appropriated under this heading, not more than $25,000,000 may be
expended for the Tennessee Valley Authority Environmental Research
Center in Muscle Shoals, Alabama, in the event that the Center expends
less than $25,000,000, such amount not expended shall be returned to
the United States Treasury and the Tennessee Valley Authority
appropriation reduced accordingly and the Tennessee Valley Authority
shall take steps to obtain funding from other sources so as to reduce
appropriated funding in the future and, not later than January 1, 1996,
submit to Congress a preliminary plan securing funding from other
sources
(51)Page 30, strike out lines 5 to 12
(52)Page 30, strike out lines 19 to 25
(53)Page 31, strike out lines 20 to 24
(54)Page 32, strike out lines 1 to 9
(55)Page 32, after line 9 insert:
Sec. 509. Without fiscal year limitation, the amount of fish and
wildlife costs that the Bonneville Power Administration may incur
during a fiscal year shall not exceed its ability to pay as a percent
of the preceding years gross annual power revenues exclusive of gross
residential exchange revenues that the Bonneville Administrator accrues
in that fiscal year. No branch or agency of the Federal Government
shall take any action pursuant to any law which shall cause the
Bonneville Power Administration to exceed this expenditure limitation.
``Fish and wildlife costs'' includes--
(1) purchase power costs and lost revenues, as determined
by the Bonneville Administrator (subject to independent audit),
based on the forecast value of such costs or revenues under
average flow conditions, related to operations of the Federal
Columbia River Power System for the benefit of fish and
wildlife affected by the development, operation, or management
of such system using operations prior to passage of the
Northwest Power Act as a baseline for calculating such costs;
(2) expenditures; and
(3) reimbursable costs.
This provision shall be implemented on October 1, 1995 unless there is
a valid agreement which limits Bonneville's exposure to increases in
fish and wildlife costs consistent with its ability to pay and the
needs for fish and wildlife resources in the Columbia River Basin.
(56)Page 32, after line 9 insert:
SEC. 510. MAGNETIC FUSION ENERGY ENGINEERING.
Section 7 of the Magnetic Fusion Energy Engineering Act (42 U.S.C.
9396) is repealed.
SEC. 511. REPEAL OF REPORT ON VERIFICATION TECHNIQUES FOR PRODUCTION OF
PLUTONIUM AND HIGHLY ENRICHED URANIUM.
Section 3131 of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101-510; 104 Stat. 1839) is amended by striking
out subsection (c).
(57)Page 32, after line 9 insert:
SEC. 512. SENSE OF THE SENATE ON THE CONFERENCE ON S. 4, THE LINE ITEM
VETO ACT.
(a) Findings.--The Senate finds that--
(1) the line item veto was a major plank in the House
majority's ``Contract with America'' and has received strong
bipartisan support in the 104th Congress;
(2) the House of Representatives on February 6, 1995,
passed H.R. 2, the Line Item Veto Act, on a vote of 294-134;
(3) the Senate on March 23, 1995, passed S. 4, the Separate
Enrollment and Line Item Veto Act of 1995, on a vote of 69-29;
(4) the House passed S. 4, with the text of H.R. 2
inserted, by voice vote on May 17, 1995, 50 days after passage
by the Senate;
(5) notwithstanding the failure of the House to request a
conference, the Senate disagreed with the House amendments,
requested a conference and appointed conferees on S. 4 on June
20, 1995;
(6) the papers for S. 4 have been held at the desk of the
Speaker of the House for 42 days and the Speaker of the House
has not yet moved to appoint conferees;
(7) with the passage of time it increasingly appears that
the Congress may pass and send to the President not only the
appropriations bills for fiscal year 1996 but also the
reconciliation bill required by H.Con.Res. 67 (the concurrent
resolution setting forth the congressional budget for fiscal
years 1996, 1997, 1998, 1999, 2000, 2001, and 2002) without
first passing and sending to the President a line item veto
bill; and
(8) the House majority leadership has publicly cast doubt
on the prospects for a conference on S. 4 this year.
(b) Sense of the Senate.--It is the sense of the Senate that--
(1) the Speaker of the House should move to appoint
conferees on S. 4 immediately, so that the House and Senate may
resolve their differences on this important legislation.
(58)Page 32, after line 9 insert:
SEC. 513. ENERGY SAVINGS AT FEDERAL FACILITIES.
(a) Reduction in Facilities Energy Costs.--The head of each agency
for which funds are made available under this Act shall take all
actions necessary to achieve during fiscal year 1996 a 5 percent
reduction, from fiscal year 1995 levels, in the energy costs of the
facilities used by the agency.
(b) Use of Cost Savings.--An amount equal to the amount of cost
savings realized by an agency under subsection (a) shall remain
available for obligation through the end of fiscal year 1997, without
further authorization or appropriation, as follows:
(1) Conservation measures.--Fifty percent of the amount
shall remain available for the implementation of additional
energy conservation measures and for water conservation
measures at such facilities used by the agency as are
designated by the head of the agency.
(2) Other purposes.--Fifty percent of the amount shall
remain available for use by the agency for such purposes as are
designated by the head of the agency, consistent with
applicable law.
(c) Report.--
(1) In general.--Not later than December 31, 1996, the head
of each agency described in subsection (a) shall submit a
report to Congress specifying the results of the actions taken
under subsection (a) and providing any recommendations as to
how to further reduce energy costs and energy consumption in
the future.
(2) Contents.--Each report shall--
(A) specify the total energy costs of the
facilities used by the agency;
(B) identify the reductions achieved; and
(C) specify the actions that resulted in the
reductions.
(59)Page 32, after line 9 insert:
SEC. 514. 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
included in the license issued by the Commission on December
31, 1987, for Commission Project No. 5223-001.
(2) Rule of construction.--Nothing in this section shall be
construed to require the Commission to alter the license for
Commission Project No. 5223-001 in any way.
(e) Sunset.--This section shall remain in effect until the
International Joint Commission review of and decision on the Steering
Committee's recommendations are completed.
Attest:
Secretary.
104th CONGRESS
1st Session
H. R. 1905
_______________________________________________________________________
AMENDMENTS
HR 1905 EAS----2
HR 1905 EAS----3
HR 1905 EAS----4
HR 1905 EAS----5