[Congressional Record Volume 143, Number 100 (Tuesday, July 15, 1997)]
[Senate]
[Pages S7505-S7507]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  THE ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT FOR FISCAL YEAR 
                                  1998

                                 ______
                                 

                         BYRD AMENDMENT NO. 859

  Mr. DOMENICI (for Mr. Byrd) proposed an amendment to the bill (S. 
1004) making appropriations for energy and water development for the 
fiscal year ending September 30, 1998, and for other purposes; as 
follows:

       Following Section 503, insert the following new section:
       Sec. 504. (a) The State of West Virginia shall receive 
     credit towards its required contribution under Contract No. 
     DACW59-C-0071 for the cost of recreational facilities to be 
     constructed by a joint venture of the State in cooperation 
     with private interests for recreation development at 
     Stonewall Jackson Lake, West Virginia, except that the State 
     shall receive no credit for costs associated with golf course 
     development and the amount of the credit may not exceed the 
     amount owed by the State under the Contract.
       (b) The Corps of Engineers shall revise both the 1977 
     recreation cost-sharing agreement and the Park and Recreation 
     Lease dated October 2, 1995 to remove the requirement that 
     such recreation facilities are to be owned by the Government 
     at the time of their completion as contained in Article 2-06 
     of the cost-sharing agreement and Article 36 of the lease.
       (c) Nothing in this section shall reduce the amount of 
     funds owed the United States Government pursuant to the 1977 
     recreation cost-sharing agreement.
                                 ______
                                 

                       DASCHLE AMENDMENT NO. 860

  Mr. DOMENICI (for Mr. Daschle) proposed an amendment to the bill, S. 
1004, supra; as follows:

       On page 15, line 10, insert the following before the 
     period: ``: Provided further, That the Secretary of the 
     Interior may use $80,000 of funding appropriated herein to 
     complete the feasibility study of alternatives for meeting 
     the drinking water needs on the Cheyenne River Sioux 
     Reservation and surrounding communities in South Dakota''.
                                 ______
                                 

                      KEMPTHORNE AMENDMENT NO. 861

  Mr. DOMENICI (for Mr. Kempthorne) proposed an amendment to the bill, 
S. 1004, supra; as follows:

       On page 15, line 10, insert the following before the 
     period: ``: Provided further, That the Secretary of the 
     Interior may use $2,500,000 of funds appropriated herein to 
     initiate construction of the McCall Area Wastewater 
     Reclamation and Reuse, Idaho project''.
                                 ______
                                 

             BINGAMAN (AND DOMENICI) AND AMENDMENT NO. 862

  Mr. DOMENICI (for Mr. Bingaman, for himself and Mr. Domenici) 
proposed an amendment to the bill, S. 1004, supra; as follows:

       On page 15, line 10, insert the following before the 
     period: ``: Provided further, That the Secretary of the 
     Interior may use $300,000 of funding appropriated herein to 
     undertake feasibility planning studies and other activities 
     for the Ute Reservoir Pipeline (Quay County portion), New 
     Mexico project''.
                                 ______
                                 

                        WYDEN AMENDMENT NO. 863

  Mr. DOMENICI (for Mr. Wyden) proposed an amendment to the bill, S. 
1004, supra; as follows:

       At the appropriate place, insert the following new general 
     provision:
       Sec.  . (a) In General.--For fiscal year 1998 and each 
     fiscal year thereafter, appropriations made for the Bureau of 
     Reclamation may be used by the Secretaries of Interior for 
     the purpose of entering into cooperative agreements with 
     willing private landowners for restoration and enhancement of 
     fish, wildlife, and other resources on public or private land 
     or both that benefit the water and lands within a watershed 
     that contains a Bureau of Reclamation project.
       (b) Direct and Indirect Watershed Agreements.--The 
     Secretary of Interior may enter into a watershed restoration 
     and enhancement agreement--
       (1) directly with a willing private landowner, or
       (2) indirectly through an agreement with a state, local, or 
     tribal government or other

[[Page S7506]]

     public entity, educational institution, or private non-profit 
     organization.
       (c) Terms and Conditions.--In order for the Secretary to 
     enter into a watershed restoration and enhancement 
     agreement--
       (1) the agreement shall--
       (A) include such terms and conditions mutually agreed to by 
     the Secretary and the landowner,
       (B) improve the viability of and otherwise benefit the 
     fish, wildlife, and other resources in the watershed;
       (C) authorize the provision of technical assistance by the 
     Secretary in the planning of activities that will further the 
     purposes of the agreement;
       (D) provide for the sharing of costs of implementing the 
     agreement among the Federal government, the landowner, and 
     other entities, as mutually agreed on by the affected 
     interests, and
       (E) ensure that any expenditures by the Secretary pursuant 
     to the agreement is determined by the Secretary to be in the 
     public interest, and
       (2) the Secretary may require such other terms and 
     conditions as are necessary to protect the public investment 
     on private lands, provided such terms and conditions are 
     mutually agreed to by the Secretary and the landowner.
                                 ______
                                 

                   BIDEN (AND ROTH) AMENDMENT NO. 864

  Mr. DOMENICI (for Mr. Biden, for himself, and Mr. Roth) proposed an 
amendment to the bill, S. 1004, supra; as follows:

       On page 2, line 26, insert the following before the period:
       ``:Provided further, That the Secretary of the Army, acting 
     through the Chief of Engineers, may use $200,000 of funding 
     appropriate herein to initiate preconstruction engineering 
     and design for the Delaware Coast from Cape Henlopen to 
     Fenwick Island, Delaware project''.
                                 ______
                                 

                       BUMPERS AMENDMENT NO. 865

  Mr. DOMENICI (for Mr. Bumpers) proposed an amendment to the bill, S. 
1004, supra; as follows:

       On page 19, on line 7, insert before the period the 
     following:
       ``: Provided, That from funds available herein, the 
     Department of Energy will assess the cost of decommissioning 
     the Southwest Experimental Fast Oxide Reactor site''.
                                 ______
                                 

                        BOXER AMENDMENT NO. 866

  Mr. DOMENICI (for Mrs. Boxer) proposed an amendment to the bill, S. 
1004, supra; as follows:

       On page 23 of the bill, line 5, and insert the following 
     before the colon: ``, of which $2,000,000 is provided for 
     improvements to Greenville Road in Livermore, California''.
                                 ______
                                 

                       BUMPERS AMENDMENT NO. 867

  Mr. BUMPERS proposed an amendment to the bill, S. 1004, supra; as 
follows:

       Reduce the amount on line 4 of page 23 by $258,000,000.
                                 ______
                                 

                FEINGOLD (AND OTHERS) AMENDMENT NO. 868

  Mr. FEINGOLD (for himself, Mr. Brownback, and Mr. McCain) proposed an 
amendment to the bill, S. 1004, supra; as follows:

       On page 15, line 10, after ``appropriated'', insert the 
     following: ``: Provided further, That the Secretary of the 
     Interior shall, not later than November 15, 1997, provide a 
     report to Congress on a revised project plan for the Animas-
     LaPlata project that reduces the total cost of the program to 
     the Federal Government, limits the diversion of water from 
     the Animas River to an amount recommended by the U.S. Fish 
     and Wildlife Service, and ensures the project will be 
     designed and implemented in the most cost-effective manner 
     for the Federal Government: Provided further, that none of 
     the funds appropriated in this or any prior act may be 
     expended for construction until a project has been authorized 
     at a date subsequent to the enactment of this appropriations 
     act''.
                                 ______
                                 

                      TORRICELLI AMENDMENT NO. 869

  Mr. DOMENICI (for Mr. Torricelli) proposed an amendment to the bill, 
S. 1004, supra; as follows:

       On page 12, between lines 12 and 13, insert the following:

     SEC.   . GREEN BROOK SUB-BASIN FLOOD CONTROL PROJECT, NEW 
                   JERSEY.

       No funds made available under this Act or any other Act for 
     any fiscal year may be used by the Secretary of the Army to 
     carry out any plan for, or otherwise construct, the Oak Way 
     detention structure or the Sky Top detention structure in 
     Berkeley Heights, New Jersey, as part of the project for 
     flood control, Green Brook Sub-basin, Raritan River Basin, 
     New Jersey, authorized by section 401(a) of the Water 
     Resources Development Act of 1986 (Public Law 99-662; 100 
     Stat. 4119).
                                 ______
                                 

                      KEMPTHORNE AMENDMENT NO. 870

  Mr. DOMENICI (for Mr. Kempthorne) proposed an amendment to the bill, 
S. 1004, supra; as follows:

       On page 18, line 22, insert the following before the 
     period: ``: Provided, That $1,500,000 of the funds 
     appropriated herein may be used to continue the cost-shared, 
     fish-friendly turbine program''.
                                 ______
                                 

                       BUMPERS AMENDMENT NO. 871

  Mr. DOMENICI (for Mr. Bumpers) proposed an amendment to the bill, S. 
1004, supra; as follows:

       On page 9, line 12, insert the following before the period: 
     ``: Provided further, That, using funds appropriated in this 
     Act, the Secretary of the Army may construct the Ten and 
     Fifteen Mile Bayou channel enlargement as an integral part of 
     the work accomplished on the St. Francis Basin, Arkansas and 
     Missouri Project, authorized by the Flood Control Act of 
     1950''.
                                 ______
                                 

                DASCHLE (AND JOHNSON) AMENDMENT NO. 872

  Mr. DOMENICI (for Mr. Daschle, for himself and Mr. Johnson) proposed 
an amendmnent to the bill, S. 1004, supra; as follows:

       On page 15, line 10, insert the following before the 
     period: ``: Provided further, That the Secretary of the 
     Interior may use $185,000 of the funding appropriated herein 
     for a feasibility study of alternatives for the Crow Creek 
     Rural Water Supply System to meet the drinking water needs on 
     the Crow Creek Sioux Indian Reservation''.
                                 ______
                                 

                        LEVIN AMENDMENT NO. 873

  Mr. DOMENICI (for Mr. Levin) proposed an amendment to the bill, S. 
1004, supra; as follows:

       On page 12, between lines 12 and 13, insert the following:

     SEC. 1  . GREAT LAKES BASIN.

       No funds made available under this Act may be used by the 
     Secretary of the Army to consider any application for a 
     permit that, if granted, would result in the diversion of 
     ground water from the Great Lakes Basin.
                                 ______
                                 

                    MOSELEY-BRAUN AMENDMENT NO. 874

  Mr. DOMENICI (for Ms. Moseley-Braun) proposed an amendment to the 
bill, S. 1004, supra; as follows:

       On page 7, line 2 insert the following before the period: 
     ``Provided further, That the Assistant Secretary of the Army 
     for Civil Works shall consider the recommendations of the 
     Special Reevaluation Report for the McCook Reservoir as 
     developed by the Corps of Engineers Chicago District''.
                                 ______
                                 

                        DORGAN AMENDMENT NO. 875

  Mr. DOMENICI (for Mr. Dorgan) proposed an amendment to the bill, S. 
1004, supra; as follows:

       On page 7, line 2, before the period, insert the following: 
     ``: Provided further, That the Secretary of the Army, acting 
     through the Chief of Engineers, may use up to $5,000,000 of 
     the funding appropriated herein to initiate construction of 
     an emergency outlet from Devils Lake, North Dakota, to the 
     Sheyenne River, and that this amount is designated by 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (2 U.S.C. 901(b)(2)(D)(i)); except that 
     funds shall not become available unless the Secretary of the 
     Army determines that an emergency (as defined in section 102 
     of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5122)) exists with respect to the 
     emergency need for the outlet and reports to Congress that 
     the construction is technically sound, economically 
     justified, and environmentally acceptable and in compliance 
     with the National Environmental Policy Act of 1969 (42 U.S.C. 
     4321 et seq.): Provided further, That the economic 
     justification for the emergency outlet shall be prepared in 
     accordance with the principles and guidelines for economic 
     evaluation as required by regulations and procedures of the 
     Army Corps of Engineers for all flood control projects, and 
     that the economic justification be fully described, including 
     the analysis of the benefits and costs, in the project plan 
     documents: Provided further, That the plans for the emergency 
     outlet shall be reviewed and, to be effective, shall contain 
     assurances provided by the Secretary of State, after 
     consultation with the International Joint Commission, that 
     the project will not violate the requirements or intent of 
     the Treaty Between the United States and Great Britain 
     Relating to Boundary Waters Between the United States and 
     Canada, signed at Washington January 11, 1909 (36 Stat. 2448; 
     TS 548) (commonly known as the `Boundary Waters Treaty of 
     1909') Provided further, That the Secretary of the Army shall 
     submit the final plans and other documents for the emergency 
     outlet to Congress: Provided further, That no funds made 
     available under this Act or any other Act for any fiscal year 
     may be used by the Secretary of the Army to carry out the 
     portion of the feasibility study of the Devils Lake Basin, 
     North Dakota, authorized under the Energy and Water 
     Development Appropriations Act, 1993 (Public Law 102-377), 
     that addresses the needs of the area for stabilized lake 
     levels through inlet controls, or to otherwise study any 
     facility or carry out any

[[Page S7507]]

     activity that would permit the transfer of water from the 
     Missouri River Basin into Devils Lake''.

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