[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 82 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                     November 18, 1999.
      Resolved, That the resolution from the House of Representatives 
(H.J. Res. 82) entitled ``Joint resolution making further continuing 
appropriations for the fiscal year 2000, and for other purposes.'' do 
pass with the following

                               AMENDMENT:

    Page 2, after line 3, insert:
    Sec. 2. Disposal of Excess Spoil and Coal Mine Waste. (a) In 
General.--Notwithstanding any other provision of law (including any 
regulation or court ruling), hereafter--
            (1) in rendering permit decisions for discharges of excess 
        spoil and coal mine waste into waters of the United States from 
        surface coal mining and reclamation operations, the permitting 
        authority shall apply section 404 of the Federal Water 
        Pollution Control Act (33 U.S.C. 1344) and the section 
        404(b)(1) guidelines pursuant to section 404(b)(1) of the 
        Federal Water Pollution Control Act (33 U.S.C. 1344(b)(1)) and 
        implementing regulations set forth in part 230 of title 40, 
        Code of Federal Regulations (as in effect on October 19, 1999);
            (2) the permitted disposal of such spoil or waste meeting 
        the requirements of the section 404(b)(1) guidelines referred 
        to in paragraph (1) shall be deemed to satisfy the criteria for 
        granting a variance under regulations set forth in sections 
        816.57 and 817.57 of title 30, Code of Federal Regulations, and 
        applicable State regulations; and
            (3) Federal and State water quality standards shall not 
        apply to the portions of waters filled by discharges permitted 
        pursuant to the procedures set forth in paragraphs (1) and (2); 
        all applicable Federal and State water quality standards shall 
        apply to all portions of waters other than those filled 
        pursuant to the permitting procedures set forth in paragraphs 
        (1) and (2).
    (b) Duration of Effectiveness.--The permitting procedures specified 
in subsection (a) shall remain in effect until the later of--
            (1) the date that is 2 years after the date of enactment of 
        this Act; or
            (2) the effective date of regulations promulgated to 
        implement recommendations made as a result of the environmental 
        impact statement relating to the permitting process, the 
        preparation of which was announced at 64 Fed. Reg. 5800 
        (February 5, 1999).
    (c) Effect of Section.--Nothing in this section modifies, 
supersedes, undermines, displaces, or amends any requirement of, or 
regulation issued under, the Federal Water Pollution Control Act 
(commonly known as the ``Clean Water Act'') (33 U.S.C. 1251 et seq.) or 
the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 
et seq.), as applied by the responsible Federal agencies on October 19, 
1999.
    (d) Period of Effectiveness.--Notwithstanding any other provision 
of law repealing or terminating the effectiveness of this Act, this 
section shall remain in effect until the date of termination of the 
effectiveness of the permitting procedures in accordance with 
subsection (b).
    Sec. 3. Hardrock Mining. (a) In General.--For the purposes of 
section 1000(a)(3) of division B of the Act enacting H.R. 3194 of the 
106th Congress, in lieu of section 357 of title III of H.R. 3423 of the 
106th Congress, as introduced on November 17, 1999, regarding the 
issuance of regulations on hardrock mining, the following shall apply:
            (1) Hardrock mining.--None of the funds made available 
        under this Act or any other Act shall be used by the Secretary 
        of the Interior to promulgate final regulations to revise 
        subpart 3809 of 43, Code of Federal Regulations, except that 
        the Secretary, after the end of the public comment period 
        required by section 3002 of the 1999 Emergency Supplemental 
        Appropriations Act (Public Law 106-31; 113 Stat. 89), may issue 
        final regulations to amend that subpart if the regulations are 
        consistent with--
                    (A) the regulatory gap findings identified in the 
                report of the National Research Council entitled 
                ``Hardrock Mining on Federal Lands''; and
                    (B) statutory authorities in effect as of the date 
                of enactment of this Act.
            (2) Limitation.--Nothing in this section expands the 
        statutory authority of the Secretary of the Interior in effect 
        as of the date of enactment of this Act.
    (b) Period of Effectiveness.--This section--
            (1) takes effect 1 day after the date of enactment of the 
        Act enacting H.R. 3194 referred to in subsection (a); and
            (2) notwithstanding any other provision of law repealing or 
        terminating the effectiveness of this Act, shall remain in 
        effect unless repealed by Act of Congress that makes specific 
        reference to this section.
    Sec. 4. Millsites. (a) In General.--For the purposes of section 
1000(a)(3) of division B of the Act enacting H.R. 3194 of the 106th 
Congress, in lieu of section 337 of title III of H.R. 3423 of the 106th 
Congress, as introduced on November 17, 1999, regarding the millsites 
opinion, the following shall apply:
            (1) Millsites opinion.--No funds shall be expended by the 
        Secretary of the Interior or the Secretary of Agriculture, for 
        fiscal years 2000 and 2001, to limit the number or acreage of 
        millsites based on the ratio between the number or acreage of 
        millsites and the number or acreage of associated lode or 
        placer claims with respect to--
                    (A) any patent application excluded from the 
                operation of section 112 of the Department of the 
                Interior and Related Agencies Appropriations Act, 1995, 
                by section 113 of that Act (108 Stat. 2519);
                    (B) any operation or property for which a plan of 
                operations has been approved before the date of 
                enactment of this Act; or
                    (C) any operation or property for which a plan of 
                operations, or amendment or modification to an existing 
                plan, was submitted to the Bureau of Land Management or 
                the Forest Service before May 21, 1999.
            (2) No ratification.--Nothing in this Act or the 1999 
        Emergency Supplemental Appropriations Act (Public Law 106-31) 
        shall be construed as an explicit or tacit adoption, 
        ratification, endorsement, approval, rejection, or disapproval 
        of the opinion dated November 7, 1997, by the Solicitor of the 
        Department of the Interior concerning millsites.
    (b) Period of Effectiveness.--This section--
            (1) takes effect 1 day after the date of enactment of the 
        Act enacting H.R. 3194 referred to in subsection (a); and
            (2) notwithstanding any other provision of law repealing or 
        terminating the effectiveness of this Act, shall remain in 
        effect unless repealed by Act of Congress that makes specific 
        reference to this section.
    Sec. 5. (a) The Secretary of Agriculture shall reduce the amount of 
any principal due on a loan made to a marketing association 
incorporated in the State of North Carolina for the 1999 crop of an 
agricultural commodity by at least 75 percent if the marketing 
association suffered losses of the agricultural commodity in a county 
with respect to which--
            (1) a natural disaster was declared by the Secretary for 
        losses due to Hurricane Dennis, Floyd, or Irene; or
            (2) a major disaster or emergency was declared by the 
        President for losses due to Hurricane Dennis, Floyd, or Irene 
        under the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5121 et seq.).
    (b) If the Secretary assigns a grade quality for the 1999 crop of 
an agricultural commodity marketed by an association described in 
subsection (a) that is below the base quality of the agricultural 
commodity, the Secretary shall compensate the association for losses 
incurred by the association as a result of the reduction in grade 
quality.
    (c) Up to $81,000,000 of the resources of the Commodity Credit 
Corporation may be used for the cost of this section: Provided, That 
the entire amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) and section 252(e) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
    Sec. 6. In administering $50,000,000 in emergency supplemental 
funding for the Emergency Conservation Program, the Secretary shall 
give priority to the repair of structures essential to the operation of 
the farm.

            Attest:

                                                             Secretary.
106th CONGRESS

  1st Session

                             H. J. RES. 82

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                               AMENDMENT