[Congressional Record Volume 141, Number 126 (Tuesday, August 1, 1995)]
[Senate]
[Pages S11120-S11122]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


       THE ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 1996

                                 ______


                        REID AMENDMENT NO. 2053

  Mr. DOMENICI (for Mr. Reid) proposed an amendment to the bill (H.R. 
1905) making appropriations for energy and water development for the 
fiscal year ending September 30, 1996, and for other purposes; as 
follows:

       On page 24, line 7, strike ``135(a)(2), 135(d), 135(e). 
     141(g), 145'' and insert ``135(d), 135(e),''.
                                 ______


                JEFFORDS (AND OTHERS) AMENDMENT NO. 2054

  Mr. JEFFORDS (for himself, Mr. Roth, Mr. Grams, Mr. Wellstone, Mr. 
Harkin, and Mr. Lehy) proposed an amendment to the bill H.R. 1905, 
supra; as follows:

       On page 20, line 23 insert the following:

     SEC.  . 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 
     $37,000,000.
       ``(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;''.
                                 ______


                BUMPERS (AND OTHERS) AMENDMENT NO. 2055

  Mr. BUMPERS (for himself, Mr. Inhofe, Mr. Kerry, Mr. Feingold, and 
Mr. Bradley) proposed an amendment to the bill H.R. 1905, supra; as 
follows:

       Strike lines 22-23 on page 20 and insert in lieu thereof 
     the following: ``$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.''
                                 ______


                ABRAHAM (AND OTHERS) AMENDMENT NO. 2056

  Mr. ABRAHAM (for himself, Mr. Grams, Mr. Kyl, and Mr. Ashcroft) 
proposed an amendment
       On page 41, between lines 12 and 13, insert the following:

     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).
                                 ______


                 DORGAN (AND OTHERS) AMENDMENT NO. 2057

  Mr. DORGAN (for himself, Mr. Kohl, Mr. Ford, Mr. Robb, Mr. Breaux, 
Mr. Harkin, Mr. Bradley, and Mr. Wellstone) proposed an amendment to 
the bill H.R. 1905, supra; as follows:

       At the appropriate place in the bill, insert the following:

     SEC.   . 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;

[[Page S11121]]

       (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;
                                 ______


                 GRAMS (AND OTHERS) AMENDMENT NO. 2058

  Mr. GRAMS (for himself, Mr. McCain, and Mr. Feingold) proposed an 
amendment to the bill H.R. 1905, supra; as follows:

       On page 32, line 13, strike ``$182,000,000'' and insert 
     ``$142,000,000.''
                                 ______


                      BINGAMAN AMENDMENT NO. 2059

  Mr. JOHNSTON (for Mr. Bingaman) proposed an amendment to the bill 
H.R. 1905, supra; as follows:

       At the appropriate place, insert the following:

     SEC.  . 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 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.
                                 ______


              LAUTENBERG (AND BRADLEY) AMENDMENT NO. 2060

  Mr. JOHNSTON (for Mr. Lautenberg, for himself and Mr. Bradley) 
proposed an amendment to the bill H.R. 1905, supra; as follows:

       On page 20, lines 22 and 23, 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)''.
                                 ______


                       DASCHLE AMENDMENT NO. 2061

  Mr. JOHNSTON (for Mr. Daschle) proposed an amendment to the bill H.R. 
1905, supra; as follows:

       On page 15, line 17, add: ``provided further, 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.''
                                 ______


                       BAUCUS AMENDMENT NO. 2062

  Mr. JOHNSTON (for Mr. Baucus) proposed an amendment to the bill H.R. 
1905, supra; as follows:

       On page 20, lines 22 and 23, after ``expended'' insert 
     ``Provided further, That within the amount for Indian Energy 
     Resource projects, $2,000,000 may be made available fund the 
     Crow energy resources programs under title XXVI of the Energy 
     Policy Act of 1992 (25 U.S.C. 3501 et seq.)''.
                                 ______


                        BYRD AMENDMENT NO. 2063

  Mr. JOHNSTON (for Mr. Byrd) proposed an amendment to the bill H.R. 
1905, supra; as follows:

       At the appropriate place in the bill (suggest page 12, 
     after line 16) insert the following:
       Sec.   . 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.
                                 ______


                       FEINGOLD AMENDMENT NO. 2064

  Mr. Johnston (for Mr. Feingold) proposed an amendment to the bill 
H.R. 1905, supra; as follows:

       On page 38, lines 1 and 2, after ``$110,339,000, to remain 
     available until 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 million, such amount not 
     expended shall be returned to the U.S. 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.
                                 ______


                 BOXER (AND BAUCUS) AMENDMENT NO. 2065

  Mr. Johnston (for Mrs. Boxer, for herself and Mr. Baucus) proposed an 
amendment to the bill H.R. 1905, supra; as follows:

       On page 9, line 24, insert ``(including the Committee on 
     Environment and Public Works of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives)'' after ``Congress''.
                                 ______


                      HUTCHISON AMENDMENT NO. 2066

  Mr. DOMENICI (for Mrs. Hutchison) proposed an amendment to the bill 
H.R. 1905, Supra; as follows:

       On page 13 insert the following new section after line 23:
       Sec.--.``(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.
                                 ______


                GRAMS (AND WELLSTONE) AMENDMENT NO. 2067

  Mr. DOMENICI (for Mr. Grams, for himself and Mr. Wellstone) proposed 
an amendment to the bill H.R. 1905, supra; as follows:

       On page 6, after line 11, add: ``; For Marshall, Minnesota, 
     $850,000;''.
                                 ______


                       WARNER AMENDMENT NO. 2068

  Mr. DOMENICI (for Mr. Warner) proposed an amendment to the bill H.R. 
1905, supra; as follows:

       On page 6, between line 11 and line 12 insert the 
     following: ``Virginia Beach Erosion Control and Hurricane 
     Protection, Virginia, $1,100,000;''.
                                 ______


                    BROWN AMENDMENTS NOS. 2069-2070

  Mr. DOMENICI (for Mr. Brown) proposed two amendments to the bill H.R. 
1905, supra; as follows:

                           Amendment No. 2069

       On page 33, strike line 5 and insert the following: 
     Commission, as authorized by law (75 Stat. 716), $440,000, 
     Provided: that the U.S. Commissioner (Alternate Federal 
     Member) shall not be compensated at a level higher than 
     General Schedule level 15.
                                                                    ____


                           Amendment No. 2070

       On page 37, strike line 14 and insert the following: 
     $280,000, Provided: that the U.S. Commissioner (Alternate 
     Federal Member) shall not be compensated at a level higher 
     than General Schedule level 15.
                                 ______

                                 
[[Page S11122]]


               CRAIG (AND KEMPTHORNE) AMENDMENT NO. 2071

  Mr. DOMENICI (for Mr. Craig, for himself and Mr. Kempthorne) proposed 
an amendment to the bill H.R. 1905, supra; as follows:

       Page 26, line 16, insert the following before the period: 
     ``: 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''.
                                 ______


               PRESSLER (AND DASCHLE) AMENDMENT NO. 2072

  Mr. DOMENCI (for Mr. Pressler, for himself and Mr. Daschle) proposed 
an amendment to the bill H.R. 1905, supra; as follows:

       At the appropriate place in title I, insert the following:

     SEC. 1  . 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.
                                 ______


                DOLE (AND KASSEBAUM) AMENDMENT NO. 2073

  Mr. DOMENICI (for Mr. Dole, for himself and Mrs. Kassebaum) proposed 
an amendment to the bill H.R. 1905, supra; as follows:

       On page 5 insert the following between lines 16 and 17: 
     ``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;''.
                                 ______


                      HATFIELD AMENDMENT NO. 2074

  Mr. DOMENICI (for Mr. Hatfield) proposed an amendment to the bill 
H.R. 1905, supra; as follows:

       On page 13, insert the following after line 23:
       Sec.   . 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.
                                 ______


                      PRESSLER AMENDMENT NO. 2075

  Mr. DOMENICI (for Mr. Pressler) proposed an amendment to the bill 
H.R. 1905, supra; as follows:

       At the appropriate place in title I, insert the following:

     SEC.   . 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.
                                 ______


                      WELLSTONE AMENDMENT NO. 2076

  Mr. WELLSTONE proposed an amendment to the bill H.R. 1905, supra; as 
follows:

       At the appropriate place in title V, insert the following:

     SEC.   . 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 as 
     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.
     

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