[Congressional Record Volume 140, Number 86 (Thursday, June 30, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: June 30, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                           amendment no. 2139

(Purpose: To provide funds for development of the advanced light water 
    reactor and for activities relating to renewable energy sources)

  Mr. WELLSTONE. Mr. President, I send an amendment to the desk and ask 
for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Minnesota [Mr. Wellstone] for himself and 
     Mr. Harkin, proposes an amendment numbered 2139.

  Mr. WELLSTONE Mr. President, I ask unanimous consent that reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       On page 22, line 5, insert after ``distribution 
     activities:'' the following: ``Provided further, That from 
     available funds appropriated under this Act, but not from any 
     funds appropriated for the Solar and Renewable Energy 
     programs, not less than $90,000,000 shall be expended for 
     photovoltaic energy systems (of which $89,000,000 shall be 
     for operating expenses and $1,000,000 shall be for capital 
     equipment): Provided further, That from availabe funds 
     appropriated under this Act, but not from any funds 
     appropriated for the solar and renewable energy programs' for 
     operating expenses and $1,000,000 shall be for capital 
     equipment): Provided further, That from available funds 
     appropriated under this Act, but not from any funds 
     appropriated for the solar and renewable energy programs, not 
     less than $12,000,000 shall be expended for hydrogen 
     research.''.

  Mr. WELLSTONE. I send this amendment to the desk, on which we now 
have full cooperation from the Senator from Louisiana, on behalf of 
myself and Senator Harkin.
  What it essentially does is deal with the concern that both I and 
Senator Harkin have had, and other Senators as well, about the 
investment in renewable energy policy.
  This takes funds, altogether $14 million, from available funds and 
this $14 million would be divided, $6 million photovoltaic, $6 million 
wind, and $2 million hydrogen. The language makes it clear this would 
come from available funds appropriated to this act but not from any of 
the funds appropriated for the solar and renewable programs. I very 
much appreciate the cooperation and support of the chairman, the 
Senator from Louisiana.
  The PRESIDING OFFICER. The Senator from Louisiana.
  Mr. JOHNSTON. Mr. President, the Senate demonstrated, in the previous 
Wellstone amendment, strong support--although not majority support--for 
a larger amount for the solar energy program. As I explained, the 
chairman of the subcommittee, myself, I very much support these 
programs as well. The question is one of money. And we are willing to 
accept this amendment at $14 million. We will have to find it and we 
are willing to do so.
  So, therefore, we accept the amendment.
  The PRESIDING OFFICER. The Senator from Iowa.
  Mr. HARKIN. Mr. President, I compliment the Senator from Minnesota 
and the distinguished chairman of the appropriations subcommittee for 
accepting this amendment. Again, I just want to make sure we are clear 
here. What this amendment does is it provides a base funding support 
for photovoltaic energy systems of $90 million, a base funding for wind 
energy systems of $46 million, and a base funding of $12 million for 
hydrogen research.
  I obviously would like to have more, but with the assurances of the 
chairman of the subcommittee that we will be able to get this from 
available funds and find that money, at least it is a step in the right 
direction. It will get us a little more in the renewable area, and just 
a little bit more in the hydrogen research.
  I just want to mention with regard to the hydrogen research, I am 
hopeful out of the $12 million that is now in here for hydrogen 
research that at least some of that $2 million extra will be used for 
renewable hydrogen. In other words, merging up solar energy and 
photovoltaics and wind energy with the production of hydrogen for 
storage, transmission and further use.
  With that, again I compliment the Senator from Minnesota and thank 
the chairman of the committee for accepting the amendment.
  Mr. BUMPERS. Vote.
  The PRESIDING OFFICER. The Senator from Minnesota.
  Mr. WELLSTONE. The Senator from Iowa is correct in his understanding 
of the amendment and the overall amount of the appropriation.
  I ask unanimous consent to add the name of Senator Jeffords, who did 
so much work on the prior amendment with Senator Harkin, to this 
amendment that I have introduced.
  I thank the Senator from Louisiana.
  The PRESIDING OFFICER. The Senator from Vermont is added.
  The PRESIDING OFFICER. If there be no further debate, the question is 
on agreeing to the amendment.
  The amendment (No. 2139) was agreed to.
  Mr. JOHNSTON. Mr. President, I move to reconsider the vote.
  Mr. FORD. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  The PRESIDING OFFICER. The Senator from Louisiana.


                           Amendment No. 2140

  (Purpose: To provide funds for a feasibility study of the Lewis and 
                       Clark Rural Water System)

  Mr. JOHNSTON. Mr. President, I have an agreed amendment here which I 
will send to the desk providing that, of the funds appropriated for 
General Investigations, $50,000 is provided for the Lewis and Clark 
Rural Water System in the South Dakota feasibility study.
  Mr. President, I send the amendment to the desk and ask for its 
immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Louisiana [Mr. Johnston] for Mr. Pressler, 
     for himself and Mr. Daschle, proposes an amendment numbered 
     2140.

  Mr. JOHNSTON. Mr. President, I ask unanimous consent that reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       On page 16, line 2, insert the following before the period: 
     ``: Provided further, That of the funds appropriated for 
     General Investigations, $50,000 is provided for the Lewis and 
     Clark Rural Water System, South Dakota, feasibility study''.

  The PRESIDING OFFICER. If there be no further debate, the question is 
on agreeing to the amendment.
  The amendment (No. 2140) was agreed to.
  Mr. JOHNSTON. Mr. President, I move to reconsider the vote and I move 
to lay that motion on the table.
  The motion to lay on the table was agreed to.
  The PRESIDING OFFICER. Are there any further amendments?
  Mr. KEMPTHORNE addressed the Chair.
  The PRESIDING OFFICER. The Senator from Idaho.


                           Amendment No. 2141

  (Purpose: To prohibit funds under this bill from being used for the 
purpose of effectuating an Army Corps of Engineers drawdown of Dworshak 
                          Reservoir in Idaho)

  Mr. KEMPTHORNE. Mr. President, I send an amendment to the desk and 
ask for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Idaho [Mr. Kempthorne], for himself and 
     Mr. Craig proposes an amendment numbered 2141.

  Mr. KEMPTHORNE. Mr. President, I ask unanimous consent that reading 
of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       At the appropriate place in the bill insert the following: 
     ``It is the sense of Senate that the Corps of Engineers shall 
     not facilitate or carry out the draft or drawdown below 1520 
     feet of Dworshak Reservoir until such time as the Corps of 
     Engineers has completed a study of all possible alternatives 
     and potential options including environmental and economic 
     analysis for the affected area, and presented such report to 
     the appropriate committees of Congress and the affected 
     delegations.

  Mr. KEMPTHORNE. Mr. President, this deals with the endangered 
species, the salmon in the Northwest. We have just been notified the 
Corps of Engineers has been ordered by the National Marine Fisheries 
Service to begin the drawdown of Dworshak Reservoir. The corps has 
stated they are going to base their future actions on good, sound 
science. We applaud that. That makes a great deal of sense.
  The National Marine Fisheries Service, however, is the same agency 
that during Memorial Day recess decided the way to save this endangered 
species was to begin the spilling of water over the dam, against 
warnings by biologists that this would produce dissolved nitrogen in 
the water above standards the fish could survive. The result is this 
fish bubble disease killed the fish. So approximately a week to 10 days 
later they stopped this.
  So much for good, sound science. In order to save the salmon we 
cannot afford to experiment. We need to use good, hard science because 
otherwise it is bad for the fish, the species we are trying to save.
  It is also bad for another species, the humans who live in that 
region. This is devastating for communities like Orofino and Lewiston 
in that region. They have been told they should not have such reliance 
on the natural resource industries that are there, they should go to 
recreation. How can you have recreation when you drain this water below 
the seven marinas that currently give them some sort of recreational 
opportunity? And we are in the eighth year of a drought in Idaho. This 
bias toward experimenting with water is wrong.
  So this amendment simply states the Corps of Engineers needs to 
identify all options and report back to the appropriate committees and 
the affected State delegations before they proceed on this so we 
finally can have good hard science instead of this experimentation 
which is not yielding the results we want for any of these species.
  The PRESIDING OFFICER. Is there further debate? The Senator from 
Louisiana.
  Mr. JOHNSTON. Mr. President, we are having some discussions here. I 
ask the floor staff if it would be in order, if it is suitable to the 
proponents or possible opponents of the bill, to consider it as a 
freestanding resolution immediately after passage of this? It is a 
sense of the Senate. That should give us time to work it out. Would 
that be suitable to the proponents and possible opponents?
  I am just advised we cannot clear that.
  Mr. President, I ask unanimous consent that we temporarily lay this 
aside for the purpose of adopting the remaining committee amendments.
  The PRESIDING OFFICER (Mr. Exon). Is there objection? Without 
objection, it is so ordered.
  The PRESIDING OFFICER. The question is on agreeing to the committee 
amendments.
  So the committee amendments were agreed to, en bloc.
  Mr. JOHNSTON. Mr. President, I am advised that nothing else is 
pending.
  So I ask unanimous consent that upon disposition of the pending 
amendment we move immediately to third reading of the bill, without 
intervening motions or other dilatory actions.
  The PRESIDING OFFICER. Is there objection? Without objection, it is 
so ordered.
  Mr. JOHNSTON. Mr. President, I ask for the yeas and nays on final 
passage.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The yeas and nays were ordered.
  Mr. JOHNSTON. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. JOHNSTON. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


             progress on water development in north dakota

  Mr. DORGAN. Mr. President, my State of North Dakota receives only 12 
to 14 inches of rain annually on the west side, and less than 20 inches 
in most of the State. Consequently, we must be good stewards of our 
water. We must safeguard our supply and distribute it wisely so that 
people have good water for their homes, farms, ranches and businesses. 
We must also ensure that we have the quality water supplies that allow 
for rural economic development in an environmentally responsible way.
  Senator Byrd and Senator Johnston, chairman of the Senate 
Appropriations Committee and Subcommittee with jurisdiction of H.R. 
4506, understand the water needs of rural States, and, in this bill, 
they have continued to help North Dakota and other rural States meet 
those needs. Despite the need to reduce fiscal year 1995 energy and 
water program spending by about $1.2 billion from current levels, the 
committee has provided $32 million for the Bureau of Reclamation and 
North Dakota to continue work on the Garrison Diversion Unit, the 
central water management program for our State. This project is 
intended to help compensate North Dakota for the permanent loss of 
prime farmland that resulted when a Rhode Island-sized reservoir was 
created on the Missouri River in North Dakota to protect downstream 
States from flooding.
  In addition to the funding level provided for Garrison Diversion, the 
committee has instructed the Bureau to actually spend the $32 million 
next year on water supply features of North Dakota. Earlier this year, 
the Bureau reassigned about $2.5 million of our fiscal year 1994 
appropriation to completion of construction in other States, and 
suspended important water supply work in North Dakota. The funds should 
have been spent for municipal and rural water supply projects that were 
already under construction and nearing construction in North Dakota. 
Considering some of the urgent water supply needs in our State, our 
people need the new and improved water supplies that this project will 
provide. Therefore, I thank the committee for providing that direction 
to the Bureau.
  The committee has also agreed to provide $200,000 for the Army Corps 
of Engineers to conduct a reconnaissance study of an old dam on the Red 
River of the north at Fargo. The study will look at possible ways of 
correcting a serious safety problem at the dam, where more than 30 
people have drowned over the years. Alterations for the so-called 
Midtown Dam might also include a slight raising of the dam to improve 
its holding capacity for the Fargo municipal water supply. I appreciate 
the committee's provision for this study.


  h.r. 4506, the energy and water develop- ment appropriations bill, 
                            fiscal year 1995

  Mr. DOMENICI. Mr. President, I rise in support of the energy and 
water development appropriations bill reported by the Senate 
Appropriations Committee.
  By CBO's scoring, this bill provides $20.5 billion in new budget 
authority and $12.1 billion in new outlays for the Department of 
Energy, the Corps of Engineers, the Bureau of Reclamation, and for 
other selected independent agencies. With outlays from prior-year 
budget authority and other completed actions, the Senate bill is within 
the subcommittee's section 602(b) allocation.
  While this bill funds science and infrastructure programs that look 
to our future, only a handful of programs realize an increase over last 
year's levels. Overall, this bill reduces funding relative to last 
year's level by $1.6 billion--mostly due to reductions in DOE's defense 
activities and the cancellation of the superconducting super collider.
  I particularly appreciate the subcommittee's support for a number of 
projects and programs important to my home State of New Mexico.
  I want to take a moment to highlight just a few of these items.
  The bill supports technology transfer efforts by our DOE National 
Laboratories, providing $215.8 million to carry out these programs.
  The report accompanying this bill provides an excellent explanation 
of the scientific and technical expertise of DOE's National 
Laboratories and their capabilities in addressing a number of national 
problems.
  The Senate bill fully funds the President's advanced computational 
technology initiative for the domestic oil and gas industry. Our energy 
security is threatened by the serious decline in our domestic oil and 
gas industry and this initiative will assist the industry finding and 
developing domestic oil and gas resources.
  One of the most difficult problems facing DOE is plutonium 
disposition. The bill includes $50 million for this effort and the 
report includes language allowing this funding to be used to continue 
research on the feasibility of using reactor technologies to burn 
plutonium while simultaneously producing tritium and for continuation 
of the current accelerator production of tritium project being carried 
out by the DOE National Laboratories.
  I also appreciate that this bill contains funding for the Los Alamos 
Meson Physics Facility [LAMPF] and the Lujan Neutron Scattering Center 
[LANSCE] complex--facilities that are important to the scientific 
infrastructure of this country.
  Finally, the bill includes funding for a number of water programs 
that are important to my State. These items include funding for 
acequias rehabilitation and remediation at the Costilla Dam.
  I commend the subcommittee chairman, the Senator from Louisiana, and 
the ranking minority member, the Senator from Oregon, for bringing this 
bill to the floor within its section 602(b) allocation and the spending 
cap.


                interim spent fuel storage installation

  Mr. BINGAMAN. Mr. President, I rise today to discuss a matter of 
great importance to my State: a proposal for a utility-funded, 
privately run, interim spent fuel storage installation in my home State 
of New Mexico. As I have stated repeatedly on the floor of the Senate, 
and elsewhere, over the last 3 years, I am opposed to the siting of an 
installation for high level spent nuclear fuel in New Mexico--
regardless of who owns it. In that respect, I make no distinction 
between a privately funded and managed facility and a DOE monitored 
retrievable storage facility.
  My distinguished colleague from Louisiana, Chairman Johnston, 
chairman of the Energy and Natural Resources Committee and the 
Subcommittee on Energy and Water appropriations, has been most 
supportive of my concerns on this issue. With his assistance, and that 
of Chairmen Dingell and Bevill, I was able to secure passage of an 
amendment to the fiscal year 1994 Energy and Water appropriations bill 
which cut off funding for Phase IIB activities pursuant to the siting 
of a DOE monitored retrievable storage facility. At that time he made 
clear that he, too, had serious concerns about aspects of the MRS 
siting process.
  Last week, I asked Senator Johnston for his view on the prospects of 
an independent spent fuel storage installation in New Mexico. His 
opinion is that it will never be built. He notes that the utilities' 
proposal was born of frustration over the lack of progress being made 
under the DOE MRS program. As an answer to those concerns, the 
administration has proposed for fiscal year 1995 a significant increase 
over the fiscal year 1994 budget for the nuclear waste disposal 
program. Chairman Johnston has personally committed to securing the 
necessary funding increases the administration is seeking and to 
ensuring that the program succeeds, over the next several years, on a 
timely basis.
  Under this scenario, Mr. President, an independent spent fuel storage 
installation is not likely to make much progress. It will take nearly a 
decade to do the work necessary for such an installation--a decade in 
which the Department of Energy will have made its technical site 
suitability determination and filed a license application for a 
permanent storage site. Given the choice between a DOE site and 
privately-run and financed site, it is clear the former will prove 
preferable to the latter. In any event, as the chairman has committed 
to me, I will have and intend to use every opportunity in the future to 
block any serious effort to locate a facility in New Mexico.
  Mr. JOHNSTON. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. JOHNSTON. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. JOHNSTON. Mr. President, the two distinguished Senators from 
Idaho who have the sense-of-the-Senate resolution in at this point as 
an amendment need to work this matter out with the distinguished 
Senator from Washington [Mrs. Murray], and they recognize the problem 
that our colleague has with his root canal and the Novocaine wearing 
off. So they have agreed to withdraw the amendment and go immediately 
to final passage, at which time our colleague can go back to the 
dentist.
  I urge all Senators, if they do come to an agreement, to allow that 
to be put on the next bill, which is the defense authorization bill. I 
think it is a very good thing what our colleagues from Idaho are doing 
to accommodate another colleague. So I hope other colleagues will keep 
that in mind as they make further requests.
  So, Mr. President, I ask unanimous consent that the pending amendment 
be withdrawn and that we proceed to final passage.
  The PRESIDING OFFICER. Without objection, the amendment is withdrawn.
  So the amendment (No. 2141) was withdrawn.
  The PRESIDING OFFICER. The question is on the engrossment of the 
amendments and third reading of the bill.
  The amendments were ordered to be engrossed and the bill to be read a 
third time.
  The bill was read a third time.
  The PRESIDING OFFICER. The bill having been read the third time, the 
question is, Shall the bill pass, as amended?
  The yeas and nays have been ordered. The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. FORD. I announce that the Senator from Nevada [Mr. Bryan] is 
absent because of attending a funeral.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 91, nays 8, as follows:

                      [Rollcall Vote No. 178 Leg.]

                                YEAS--91

     Akaka
     Baucus
     Bennett
     Biden
     Bingaman
     Bond
     Boren
     Boxer
     Bradley
     Breaux
     Bumpers
     Burns
     Byrd
     Campbell
     Chafee
     Coats
     Cochran
     Cohen
     Conrad
     Coverdell
     Craig
     D'Amato
     Danforth
     Daschle
     DeConcini
     Dodd
     Dole
     Domenici
     Dorgan
     Durenberger
     Exon
     Feingold
     Feinstein
     Ford
     Glenn
     Gorton
     Graham
     Gramm
     Grassley
     Harkin
     Hatch
     Hatfield
     Heflin
     Hollings
     Hutchison
     Inouye
     Jeffords
     Johnston
     Kassebaum
     Kempthorne
     Kennedy
     Kerrey
     Kohl
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lott
     Lugar
     Mack
     Mathews
     McConnell
     Metzenbaum
     Mikulski
     Mitchell
     Moseley-Braun
     Moynihan
     Murkowski
     Murray
     Nickles
     Nunn
     Packwood
     Pell
     Pressler
     Pryor
     Reid
     Riegle
     Robb
     Rockefeller
     Roth
     Sarbanes
     Sasser
     Shelby
     Simon
     Simpson
     Specter
     Stevens
     Thurmond
     Warner
     Wellstone
     Wofford

                                NAYS--8

     Brown
     Faircloth
     Gregg
     Helms
     Kerry
     McCain
     Smith
     Wallop

                             NOT VOTING--1

       
     Bryan
       
  So the bill (H.R. 4506), as amended, was passed.
  Mr. REID. Mr. President, I move to reconsider the vote by which the 
bill, as amended, was passed.
  Mr. KEMPTHORNE. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. REID. Mr. President, I move that the Senate insist on its 
amendments and request a conference with the House on the disagreeing 
votes thereon and that the Chair be authorized to appoint conferees on 
the part of the Senate.
  The motion was agreed to, and the Presiding Officer (Mr. Exon) 
appointed Mr. Johnston, Mr. Byrd, Mr. Hollings, Mr. Sasser, Mr. 
DeConcini, Mr. Reid, Mr. Kerrey of Nebraska, Mr. Hatfield, Mr. Cochran, 
Mr. Domenici, Mr. Nickles, Mr. Gorton, and Mr. McConnell conferees on 
the part of the Senate.

                          ____________________