[Congressional Record Volume 143, Number 107 (Friday, July 25, 1997)]
[House]
[Pages H5793-H5798]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 1998

  The SPEAKER pro tempore (Mr. Pease). Pursuant to House Resolution 194 
and rule XXIII, the Chair declares the House in the Committee of the 
Whole House on the State of the Union for the further consideration of 
the bill, H.R. 2203

                              {time}  1107


                     In the Committee of the Whole

  Accordingly the House resolved itself into the Committee of the Whole 
House on the State of the Union for the further consideration of the 
bill (H.R. 2203] making appropriations for energy and water development 
for the fiscal year ending September 30, 1998, and for other purposes, 
with Mr. Oxley in the chair.
  The Clerk read the title of the bill.
  The CHAIRMAN. When the Committee of the Whole rose on Thursday, July 
24, 1997, the bill was open for amendment at any point.
  Mr. FAZIO of California. Mr. Chairman, I move to strike the last 
word.
  Mr. Chairman, I would like to divide the 5 minutes between myself and 
the gentleman from Oregon [Mr. DeFazio] in order to briefly discuss the 
amendment that is about to be voted on.
  Mr. Chairman, I yield to the gentleman from Oregon [Mr. DeFazio].
  Mr. DeFAZIO. Mr. Chairman, I thank the gentleman for yielding to me.
  Members will want to listen. This debate occurred late last night. It 
is confusing and they need to know what is happening. The gentleman 
from California [Mr. Fazio] offered an amendment to the DeFazio-Petri 
amendment, which on its face would seem to restrict the expenditure of 
funds on the Animas-La Plata project, which a majority in this House 
voted last year to not fund.
  The Animas-La Plata project, and many of my colleagues have heard of 
it, is a proposed $400 million plus water project with a .36 to 1 cost-
benefit ratio. It is purported to provide a settlement to tribes. It 
does not. It is purported to do many other things it does not. But it 
does spend a lot of money.
  What we did, Petri-DeFazio, last night was offered an amendment to 
say, no more funds should be expended on this project which has even 
been abandoned by its proponents. Its proponents have offered an 
alternative. The alternative has not had any hearings. It is not 
authorized. It has not been reviewed by the Bureau of Reclamation. That 
is progress. They have admitted this $440 million boondoggle should not 
go forward.
  What the Fazio amendment actually does is require that that project 
go forward. If read carefully, it starts out with a limitation, but 
what it does is limit funds to be expended for current authorized 
purposes, which is the $440 million Animas-La Plata project, which even 
the proponents now admit should not go forward. There is almost $9 
million unspent at the Bureau of Reclamation, more than enough to go 
forward with the planning process, more than enough to develop an 
alternative.
  Surely it cannot cost more than $8 or $9 million to have a planning 
process and develop an alternative to this project that will meet the 
obligations to the tribes and be more responsible.
  Mr. PETRI. Mr. Chairman, will the gentleman yield?
  Mr. FAZIO of California. I yield to the gentleman from Wisconsin.
  Mr. PETRI. Mr. Chairman, just to summarize, the issue that we will be 
voting on is whether we should continue to spend money on this project 
pending an agreement on a new scaled back project, or whether we should 
suspend acquisition and just have money for planning until the new 
project is agreed on.
  If Members do not want to spend money until we have a new project, 
vote against Fazio and then vote for the underlying amendment, Petri-
DeFazio. If they want to keep spending money, even though we do not 
have agreement and negotiations are going on, then vote for the 
substitute.
  I urge Members to vote against the substitute and for the underlying 
amendment.
  Mr. DeFAZIO. Mr. Chairman, if the gentleman will continue to yield, 
the gentleman is correct. Anybody who last year voted in the majority 
to not appropriate further funds for Animas-La Plata will want to vote 
against Fazio, I know this is a little confusing, and then vote for 
DeFazio-Petri, Petri-DeFazio.
  This obfuscation, the wording of the Fazio amendment is obfuscation. 
It starts out with a limitation but it limits nothing. Having the 
gentleman from California [Mr. Fazio] be the principal sponsor is even 
more confusing, and Members should in principle vote ``no'' on the 
Fazio amendment.

[[Page H5794]]

  Mr. FAZIO of California. Mr. Chairman, I think this debate will once 
and for all, contrary to a rumor circulating on the floor, this 
amendment is not an attempt to clarify the pronunciation of the 
gentleman's name and mine, but it is the Fazio substitute to the 
DeFazio-Petri amendment that we are about to vote on.
  I am offering this on behalf of the gentleman from Pennsylvania [Mr. 
McDade] and on behalf of the gentleman from Colorado [Mr. Skaggs] and 
the gentleman from Colorado [Mr. McInnis].
  This is an attempt to allow a process undergoing success in Colorado, 
the so-called Roemer-Shoettler process, to downsize and change the 
Animas-La Plata water project. It will assuredly reduce the cost of 
this project by over $400 million. But we have ongoing responsibilities 
to the Ute and Mountain Ute Indian tribes.

                              {time}  1115

  Those tribal water rights need to be honored. We need to complete 
this process. We need to have a bill that can be supported broadly on 
this floor.
  The gentlemen from Colorado, Mr. McInnis and Mr. Skaggs, would not be 
supporting this if they did not believe this process was working to the 
benefit of their constituents.
  My view is that this amendment, offered by the gentleman from 
Wisconsin [Mr. Petri] and the gentleman from Oregon [Mr. DeFazio], will 
interfere with that process and not allow us to accept the results of 
it and move to completion of an endless legal hassle which has kept 
these native Americans from getting their water rights.
  Mr. DeLAY. Mr. Chairman, will the gentleman yield?
  Mr. FAZIO of California. I yield to the gentleman from Texas.
  Mr. DeLAY. Mr. Chairman, I appreciate the gentleman yielding to me, 
and I want to clear up the confusion between the two names and ask the 
gentleman a question.
  If our side of the aisle wanted to help our newest Member from New 
Mexico, Mr. Bill Redmond, we should vote for the Fazio substitute to 
the DeFazio amendment.
  Mr. FAZIO of California. Reclaiming my time, Mr. Chairman, I think 
the gentleman from Colorado [Mr. McInnis] would agree with that.
  Mr. McINNIS. Mr. Chairman, will the gentleman yield?
  Mr. FAZIO of California. I yield to the gentleman from Colorado.
  Mr. McINNIS. Mr. Chairman, that is absolutely correct. Vote ``yes'' 
on the Fazio amendment.
  Mr. HEFLEY. Mr. Chairman, I rise in strong opposition to this 
amendment.
  This project seems to have become the poster child for all those who 
wish to show that they're environmentally sensitive though fiscally 
prudent. That though they're willing to make tough choices on spending, 
they still are moved by the sight of a tree or free-flowing water. In 
short, it is offered by people who have never been the Four Corners 
area of the Southwest and are not willing to know the history involved 
there.
  This project is intended to deliver water to the Ute Mountain Ute 
Tribe and fulfill a treaty obligation between this country and that 
tribe.
  Now it had been charged that the A-LP project would deliver more 
water to non-Indians than Indians and that this was all a smoke screen. 
So the people in that area changed the project. They cut the project's 
cost by $400 million. Two-thirds of the water will go to Indians. it 
will satisfy tribal water rights claims.
  Naturally, A-LP opponents still don't like the project. They say they 
want more time to study the new plan but environmentalists have already 
criticized it. They can't see why the Indians can't buy water elsewhere 
and not build a project at all. Sure, let 'em buy Evian water.
  Lt. Gov. Gail Shoettler has been trying to broker a compromise on the 
A-LP since January. This amendment would essentially block that from 
going forward. Which is what opponents want; they certainly don't want 
a settlement. Instead, they can say they've killed a water project.
  But lost in all of this will be the Ute Mountain Utes. Their 
reservation is located in one of the most arid areas of the country. 
Mesa Verde National Park commemorates the ancient inhabitants of that 
site. Those inhabitants disappeared, probably because they ran out of 
water.
  The Utes now live there and, I think, their tribal unemployment rate 
is 40 percent. They'd like this water to develop agriculture and 
improve their standard of living. So, basically this amendment says 
they should do without this water, just like their predecessors. It 
says they should be satisfied with tourism and handouts.
  This amendment's supporters will say they want the Shoettler 
negotiations to go forward. But don't kid yourself; next year, we'll be 
back here for another amendment to kill what's left of this project. 
And its supporters can pat themselves on the back and say they've saved 
money.
  But the reality is we'll have broken yet another promise to these 
Indians and, I suspect, left ourselves open to a lawsuit somewhere down 
the road.
  Therefore, I strongly urge your opposition to this amendment.
  Mr. FAZIO of California. Mr. Chairman, reclaiming my time, I urge 
Members to support the chairman, the gentleman from Pennsylvania [Mr. 
McDade], and myself.


          Sequential Votes Postponed in Committee of the Whole

  The CHAIRMAN. Pursuant to House Resolution 194, proceedings will now 
resume on those amendments on which further proceedings were postponed, 
in the following order:
  The amendment offered by the gentleman from Wisconsin [Mr. Klug], the 
amendment offered by the gentleman from Massachusetts [Mr. Markey], and 
the amendment offered by the gentleman from California [Mr. Fazio] as a 
substitute for the amendment offered by the gentleman from Wisconsin 
[Mr. Petri].
  The Chair will reduce to 5 minutes the time for any electronic vote 
after the first vote in this series.


                     Amendment Offered by Mr. Klug

  The CHAIRMAN. The unfinished business is the demand for a recorded 
vote on the amendment offered by the gentleman from Wisconsin [Mr. 
Klug] on which further proceedings were postponed and on which the noes 
prevailed by voice vote.
  The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment offered by Mr. Klug:
       Page 29, line 20, after the dollar amount, insert 
     ``(reduced by $90,000,000)''.


                             Recorded Vote

  The CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 97, 
noes 328, not voting 9, as follows:

                             [Roll No. 326]

                                AYES--97

     Andrews
     Archer
     Armey
     Barcia
     Bass
     Bereuter
     Blagojevich
     Camp
     Campbell
     Cannon
     Castle
     Chabot
     Christensen
     Coble
     Coburn
     Condit
     Cox
     Crane
     Cunningham
     Davis (FL)
     DeGette
     Delahunt
     DeLay
     Doggett
     Dunn
     Ehlers
     Ehrlich
     Ensign
     Foley
     Furse
     Ganske
     Goss
     Hall (TX)
     Harman
     Hayworth
     Hefley
     Hill
     Hooley
     Hostettler
     Hulshof
     Inglis
     Istook
     Johnson, Sam
     Kasich
     Kennedy (MA)
     Kind (WI)
     Kingston
     Kleczka
     Klug
     Largent
     Luther
     Maloney (CT)
     Manzullo
     Markey
     McCarthy (MO)
     McCollum
     McIntosh
     McKeon
     Meehan
     Miller (FL)
     Minge
     Morella
     Neumann
     Nussle
     Oxley
     Pappas
     Paul
     Paxon
     Peterson (MN)
     Porter
     Ramstad
     Rohrabacher
     Roukema
     Royce
     Ryun
     Salmon
     Sanford
     Schaffer, Bob
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherman
     Shimkus
     Skaggs
     Smith (MI)
     Smith, Linda
     Souder
     Stearns
     Sununu
     Talent
     Thune
     Tiahrt
     Upton
     White
     Wolf

                               NOES--328

     Abercrombie
     Ackerman
     Aderholt
     Allen
     Bachus
     Baesler
     Baker
     Baldacci
     Ballenger
     Barr
     Barrett (NE)
     Barrett (WI)
     Bartlett
     Barton
     Bateman
     Becerra
     Bentsen
     Berman
     Berry
     Bilbray
     Bilirakis
     Bishop
     Bliley
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonior
     Bono
     Borski
     Boswell
     Boucher
     Boyd
     Brady
     Brown (CA)
     Brown (FL)
     Brown (OH)
     Bryant
     Bunning
     Burr
     Burton
     Buyer
     Callahan
     Calvert
     Canady
     Capps
     Cardin
     Carson
     Chambliss
     Chenoweth
     Clay
     Clayton
     Clement
     Clyburn
     Collins
     Combest
     Conyers
     Cook
     Cooksey
     Costello
     Coyne
     Cramer
     Crapo
     Cubin
     Cummings
     Danner
     Davis (IL)
     Davis (VA)
     Deal
     DeFazio
     DeLauro
     Dellums
     Deutsch
     Diaz-Balart
     Dickey
     Dicks
     Dingell
     Dixon
     Dooley
     Doolittle
     Doyle
     Dreier
     Duncan
     Edwards
     Emerson
     Engel
     English
     Eshoo
     Etheridge
     Evans
     Everett
     Ewing
     Farr
     Fattah
     Fawell
     Fazio
     Filner
     Flake
     Foglietta
     Forbes
     Ford
     Fowler
     Fox
     Frank (MA)
     Franks (NJ)
     Frelinghuysen
     Frost
     Gallegly

[[Page H5795]]


     Gejdenson
     Gekas
     Gephardt
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Goode
     Goodlatte
     Goodling
     Gordon
     Graham
     Granger
     Green
     Greenwood
     Gutierrez
     Gutknecht
     Hall (OH)
     Hamilton
     Hansen
     Hastert
     Hastings (FL)
     Hastings (WA)
     Hefner
     Herger
     Hilleary
     Hilliard
     Hinchey
     Hinojosa
     Hobson
     Hoekstra
     Holden
     Horn
     Houghton
     Hoyer
     Hunter
     Hutchinson
     Hyde
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jenkins
     John
     Johnson (CT)
     Johnson (WI)
     Johnson, E.B.
     Jones
     Kanjorski
     Kaptur
     Kelly
     Kennedy (RI)
     Kennelly
     Kildee
     Kilpatrick
     Kim
     King (NY)
     Klink
     Knollenberg
     Kolbe
     Kucinich
     LaFalce
     LaHood
     Lampson
     Lantos
     Latham
     LaTourette
     Lazio
     Leach
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     Livingston
     LoBiondo
     Lofgren
     Lowey
     Lucas
     Maloney (NY)
     Manton
     Mascara
     Matsui
     McCarthy (NY)
     McCrery
     McDade
     McDermott
     McGovern
     McHale
     McHugh
     McInnis
     McIntyre
     McKinney
     McNulty
     Meek
     Menendez
     Metcalf
     Mica
     Millender-McDonald
     Mink
     Moakley
     Mollohan
     Moran (KS)
     Moran (VA)
     Murtha
     Myrick
     Nadler
     Neal
     Nethercutt
     Ney
     Northup
     Norwood
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Packard
     Pallone
     Parker
     Pascrell
     Pastor
     Payne
     Pease
     Pelosi
     Peterson (PA)
     Petri
     Pickering
     Pickett
     Pitts
     Pombo
     Pomeroy
     Portman
     Poshard
     Price (NC)
     Pryce (OH)
     Quinn
     Radanovich
     Rahall
     Rangel
     Redmond
     Regula
     Reyes
     Riggs
     Riley
     Rivers
     Rodriguez
     Roemer
     Rogan
     Rogers
     Ros-Lehtinen
     Rothman
     Roybal-Allard
     Rush
     Sabo
     Sanchez
     Sanders
     Sandlin
     Sawyer
     Saxton
     Scarborough
     Schaefer, Dan
     Schumer
     Scott
     Serrano
     Shuster
     Sisisky
     Skeen
     Skelton
     Slaughter
     Smith (OR)
     Smith (TX)
     Smith, Adam
     Snowbarger
     Snyder
     Solomon
     Spence
     Spratt
     Stabenow
     Stenholm
     Stokes
     Strickland
     Stump
     Stupak
     Tanner
     Tauscher
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Thomas
     Thompson
     Thornberry
     Thurman
     Tierney
     Torres
     Towns
     Traficant
     Turner
     Velazquez
     Vento
     Visclosky
     Walsh
     Wamp
     Waters
     Watkins
     Watt (NC)
     Watts (OK)
     Waxman
     Weldon (FL)
     Weldon (PA)
     Weller
     Wexler
     Weygand
     Whitfield
     Wicker
     Wise
     Woolsey
     Wynn
     Yates
     Young (FL)

                             NOT VOTING--9

     Blumenauer
     Gonzalez
     Martinez
     Miller (CA)
     Molinari
     Schiff
     Smith (NJ)
     Stark
     Young (AK)

                              {time}  1134

  Messrs. NETHERCUTT, BALDACCI, HOEKSTRA, and OLVER changed their vote 
from ``aye'' to ``no.''
  Messrs. WOLF, SHERMAN, and MARKEY changed their vote from ``no'' to 
``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.


                      Announcement by the Chairman

  The CHAIRMAN. Pursuant to House Resolution 194, the Chair announces 
that he will reduce to a minimum of 5 minutes the period within which a 
vote by electronic device will be taken on each additional amendment on 
which the Chair has postponed further proceedings.


                    Amendment Offered by Mr. Markey

  The CHAIRMAN. The unfinished business is the demand for a recorded 
vote on the amendment offered by the gentleman from Massachusetts [Mr. 
Markey] on which further proceedings were postponed and on which the 
noes prevailed by voice vote.
  The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment offered by Mr. Markey:
       Insert at the end before the short title the following:
       Sec. 502. (a) Limitation.--No funds shall be made available 
     under this Act for--
       (1) nuclear technology research and development programs to 
     continue the study of treating spent nuclear fuel using 
     electrometallurgical technology; or
       (2) the demonstration of the electrometallurgical 
     technology at the Fuel Conditioning Facility.
       (b) Reduction.--Under the heading ``Department of Energy-
     Energy Programs-Energy Supply'' insert after the dollar 
     figure the following ``(reduced by $33,000,000)'' and under 
     the heading ``Department of Energy-Atomic Energy Defense 
     Activities-Other Defense Activities'' insert after the dollar 
     figure the following: ``(reduced by $12,000,000)''.


                             Recorded Vote

  The CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 134, 
noes 290, not voting 10, as follows:

                             [Roll No. 327]

                               AYES--134

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baldacci
     Barrett (WI)
     Bass
     Becerra
     Blunt
     Boehlert
     Bonior
     Borski
     Boswell
     Brown (OH)
     Capps
     Cardin
     Castle
     Chabot
     Coble
     Condit
     Conyers
     Coyne
     Cunningham
     Davis (FL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dellums
     Deutsch
     Doggett
     Duncan
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Foglietta
     Foley
     Ford
     Frank (MA)
     Franks (NJ)
     Furse
     Ganske
     Gejdenson
     Gephardt
     Hall (OH)
     Hefner
     Hinchey
     Hooley
     Kasich
     Kennedy (MA)
     Kennedy (RI)
     Kennelly
     Kildee
     Kilpatrick
     Kind (WI)
     Kingston
     Kleczka
     Klug
     Kucinich
     LaFalce
     Levin
     Lewis (GA)
     LoBiondo
     Lowey
     Luther
     Maloney (CT)
     Maloney (NY)
     Markey
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McDermott
     McGovern
     McKinney
     McNulty
     Meehan
     Menendez
     Miller (FL)
     Minge
     Mink
     Moakley
     Morella
     Nadler
     Neal
     Obey
     Olver
     Owens
     Pallone
     Pascrell
     Paul
     Payne
     Pelosi
     Peterson (MN)
     Pomeroy
     Portman
     Price (NC)
     Rahall
     Ramstad
     Rangel
     Rivers
     Roemer
     Rothman
     Roybal-Allard
     Royce
     Sabo
     Sanchez
     Sanders
     Sanford
     Scarborough
     Schumer
     Sensenbrenner
     Serrano
     Shays
     Sherman
     Skaggs
     Smith, Adam
     Snyder
     Spratt
     Stabenow
     Stokes
     Strickland
     Sununu
     Tierney
     Velazquez
     Vento
     Walsh
     Waxman
     Wexler
     Weygand
     Woolsey

                               NOES--290

     Aderholt
     Archer
     Armey
     Bachus
     Baesler
     Baker
     Ballenger
     Barcia
     Barr
     Barrett (NE)
     Bartlett
     Barton
     Bateman
     Bentsen
     Bereuter
     Berman
     Berry
     Bilbray
     Bilirakis
     Bishop
     Blagojevich
     Bliley
     Boehner
     Bonilla
     Bono
     Boucher
     Boyd
     Brady
     Brown (CA)
     Brown (FL)
     Bryant
     Bunning
     Burr
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Campbell
     Canady
     Cannon
     Carson
     Chambliss
     Chenoweth
     Christensen
     Clay
     Clayton
     Clement
     Clyburn
     Coburn
     Collins
     Combest
     Cook
     Cooksey
     Costello
     Cox
     Cramer
     Crane
     Crapo
     Cubin
     Cummings
     Danner
     Davis (IL)
     Davis (VA)
     Deal
     DeLay
     Diaz-Balart
     Dickey
     Dicks
     Dingell
     Dixon
     Dooley
     Doolittle
     Doyle
     Dreier
     Dunn
     Edwards
     Ehlers
     Ehrlich
     Emerson
     English
     Ensign
     Everett
     Ewing
     Fawell
     Fazio
     Flake
     Forbes
     Fowler
     Fox
     Frelinghuysen
     Frost
     Gallegly
     Gekas
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Goode
     Goodlatte
     Goodling
     Gordon
     Goss
     Graham
     Granger
     Green
     Greenwood
     Gutierrez
     Gutknecht
     Hall (TX)
     Hamilton
     Hansen
     Harman
     Hastert
     Hastings (FL)
     Hastings (WA)
     Hayworth
     Hefley
     Herger
     Hill
     Hilleary
     Hilliard
     Hinojosa
     Hobson
     Hoekstra
     Holden
     Horn
     Hostettler
     Houghton
     Hoyer
     Hulshof
     Hunter
     Hutchinson
     Hyde
     Inglis
     Istook
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jenkins
     John
     Johnson (CT)
     Johnson (WI)
     Johnson, E. B.
     Johnson, Sam
     Jones
     Kanjorski
     Kelly
     Kim
     King (NY)
     Klink
     Knollenberg
     Kolbe
     LaHood
     Lampson
     Lantos
     Largent
     Latham
     LaTourette
     Lazio
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     Lipinski
     Livingston
     Lofgren
     Lucas
     Manton
     Manzullo
     Mascara
     McCollum
     McCrery
     McDade
     McHale
     McHugh
     McInnis
     McIntosh
     McIntyre
     McKeon
     Meek
     Metcalf
     Mica
     Millender-McDonald
     Mollohan
     Moran (KS)
     Moran (VA)
     Murtha
     Myrick
     Nethercutt
     Neumann
     Ney
     Northup
     Norwood
     Nussle
     Oberstar
     Ortiz
     Oxley
     Packard
     Pappas
     Parker
     Pastor
     Paxon
     Pease
     Peterson (PA)
     Petri
     Pickering
     Pickett
     Pitts
     Pombo
     Porter
     Poshard
     Pryce (OH)
     Quinn
     Radanovich
     Redmond
     Regula
     Reyes
     Riggs
     Riley
     Rodriguez
     Rogan
     Rogers
     Rohrabacher
     Ros-Lehtinen
     Roukema
     Rush
     Ryun
     Salmon
     Sandlin
     Sawyer
     Saxton
     Schaefer, Dan
     Schaffer, Bob
     Scott
     Sessions
     Shadegg
     Shaw
     Shimkus
     Shuster
     Sisisky
     Skeen
     Skelton
     Slaughter
     Smith (NJ)
     Smith (OR)
     Smith (TX)
     Smith, Linda
     Snowbarger
     Solomon
     Souder
     Spence
     Stearns
     Stenholm
     Stump
     Stupak
     Talent
     Tanner
     Tauscher
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Thomas
     Thompson
     Thornberry
     Thune
     Thurman
     Tiahrt
     Torres
     Towns
     Traficant
     Turner
     Upton
     Visclosky

[[Page H5796]]


     Wamp
     Waters
     Watkins
     Watt (NC)
     Watts (OK)
     Weldon (FL)
     Weldon (PA)
     Weller
     White
     Whitfield
     Wicker
     Wise
     Wolf
     Wynn
     Yates
     Young (FL)

                             NOT VOTING--10

     Blumenauer
     Gonzalez
     Kaptur
     Martinez
     Miller (CA)
     Molinari
     Schiff
     Smith (MI)
     Stark
     Young (AK)

                              {time}  1144

  Messrs. CUMMINGS, NEUMANN, FORBES, and MORAN of Virginia changed 
their vote from ``aye'' to ``no.''
  Mr. MATSUI, Mr. WALSH and Ms. STABENOW changed their vote from ``no'' 
to ``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.


 Amendment Offered by Mr. Fazio of California as a Substitute for the 
                     Amendment Offered by Mr. Petri

  The CHAIRMAN. The unfinished business is the demand for a recorded 
vote on the amendment offered by the gentleman from California [Mr. 
Fazio] as a substitute for the amendment offered by the gentleman from 
Wisconsin [Mr. Petri] on which further proceedings were postponed and 
on which the ayes prevailed by voice vote.
  The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment offered by Mr. Fazio of California as a 
     substitute for the amendment offered by Mr. Petri:
       At the end of the bill, insert after the last section 
     (preceding the short title the following new section:
       None of the funds made available in this act to pay the 
     salary of any officer or employee of the Department of 
     Interior may be used for the Animas-La Plata Project, in 
     Colorado and New Mexico, except for (1) activities required 
     to comply with the applicable provisions of current law; and 
     (2) continuation of activities pursuant to the Colorado Ute 
     Indian Water Rights settlement Act of 1988 (Pub L. 100-585).


                             Recorded Vote

  The CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN. This is a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 223, 
noes 201, not voting 10, as follows:

                             [Roll No. 328]

                               AYES--223

     Abercrombie
     Ackerman
     Aderholt
     Archer
     Armey
     Baesler
     Baker
     Baldacci
     Ballenger
     Barr
     Barrett (NE)
     Bartlett
     Barton
     Bateman
     Bereuter
     Bilbray
     Bilirakis
     Bishop
     Bliley
     Blunt
     Boehner
     Bonilla
     Bono
     Borski
     Boyd
     Brady
     Bryant
     Bunning
     Burr
     Burton
     Callahan
     Calvert
     Camp
     Canady
     Cannon
     Carson
     Chenoweth
     Christensen
     Combest
     Conyers
     Cooksey
     Cox
     Crane
     Crapo
     Cubin
     Cunningham
     Davis (VA)
     DeLay
     Diaz-Balart
     Dickey
     Dicks
     Dooley
     Doolittle
     Doyle
     Dreier
     Dunn
     Edwards
     Emerson
     English
     Ensign
     Everett
     Ewing
     Fattah
     Fawell
     Fazio
     Flake
     Foglietta
     Ford
     Fowler
     Frelinghuysen
     Frost
     Furse
     Gallegly
     Gekas
     Gibbons
     Gillmor
     Goodling
     Gordon
     Goss
     Graham
     Granger
     Green
     Gutknecht
     Hall (TX)
     Hamilton
     Hansen
     Harman
     Hastert
     Hastings (WA)
     Hayworth
     Hefley
     Hefner
     Herger
     Hill
     Hilleary
     Hilliard
     Hinojosa
     Holden
     Hostettler
     Hoyer
     Hunter
     Hyde
     Istook
     Jackson-Lee (TX)
     Jefferson
     Jenkins
     John
     Johnson, E. B.
     Johnson, Sam
     Jones
     Kanjorski
     Kennedy (RI)
     Kildee
     Kilpatrick
     King (NY)
     Kingston
     Klink
     Knollenberg
     Kolbe
     LaFalce
     LaHood
     Lampson
     Latham
     LaTourette
     Lewis (CA)
     Lewis (KY)
     Linder
     Livingston
     Lucas
     Mascara
     McCrery
     McDade
     McHale
     McHugh
     McInnis
     McIntosh
     McIntyre
     McKeon
     Mica
     Mink
     Moakley
     Mollohan
     Moran (KS)
     Moran (VA)
     Murtha
     Myrick
     Nethercutt
     Nussle
     Ortiz
     Oxley
     Packard
     Parker
     Pastor
     Paxon
     Pease
     Peterson (PA)
     Pickering
     Pickett
     Pitts
     Pombo
     Pomeroy
     Porter
     Pryce (OH)
     Quinn
     Radanovich
     Rahall
     Redmond
     Regula
     Reyes
     Riley
     Rodriguez
     Rogan
     Rogers
     Rohrabacher
     Ros-Lehtinen
     Roukema
     Sandlin
     Sawyer
     Scarborough
     Schaefer, Dan
     Schaffer, Bob
     Sessions
     Shadegg
     Shaw
     Shimkus
     Shuster
     Sisisky
     Skaggs
     Skeen
     Skelton
     Smith (OR)
     Smith (TX)
     Smith, Linda
     Snowbarger
     Snyder
     Solomon
     Spence
     Spratt
     Stenholm
     Stump
     Talent
     Tauzin
     Taylor (NC)
     Thomas
     Thornberry
     Thune
     Thurman
     Tiahrt
     Traficant
     Turner
     Visclosky
     Walsh
     Wamp
     Watkins
     Watts (OK)
     Weldon (FL)
     Weller
     White
     Wicker
     Wise
     Wolf
     Wynn
     Young (FL)

                               NOES--201

     Allen
     Andrews
     Bachus
     Barcia
     Barrett (WI)
     Bass
     Becerra
     Bentsen
     Berman
     Berry
     Blagojevich
     Boehlert
     Bonior
     Boswell
     Boucher
     Brown (CA)
     Brown (FL)
     Brown (OH)
     Campbell
     Capps
     Cardin
     Castle
     Chabot
     Chambliss
     Clay
     Clayton
     Clement
     Clyburn
     Coble
     Coburn
     Collins
     Condit
     Cook
     Costello
     Coyne
     Cramer
     Cummings
     Danner
     Davis (FL)
     Davis (IL)
     Deal
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dellums
     Deutsch
     Dingell
     Dixon
     Doggett
     Duncan
     Ehlers
     Ehrlich
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Filner
     Foley
     Forbes
     Fox
     Frank (MA)
     Franks (NJ)
     Ganske
     Gejdenson
     Gephardt
     Gilchrest
     Gilman
     Goode
     Goodlatte
     Greenwood
     Gutierrez
     Hall (OH)
     Hastings (FL)
     Hinchey
     Hobson
     Hoekstra
     Hooley
     Horn
     Houghton
     Hulshof
     Hutchinson
     Inglis
     Jackson (IL)
     Johnson (CT)
     Johnson (WI)
     Kasich
     Kelly
     Kennedy (MA)
     Kennelly
     Kim
     Kind (WI)
     Kleczka
     Klug
     Kucinich
     Lantos
     Largent
     Lazio
     Leach
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Lofgren
     Lowey
     Luther
     Maloney (CT)
     Maloney (NY)
     Manton
     Manzullo
     Markey
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McKinney
     McNulty
     Meehan
     Meek
     Menendez
     Metcalf
     Millender-McDonald
     Miller (FL)
     Minge
     Morella
     Nadler
     Neal
     Neumann
     Ney
     Northup
     Norwood
     Oberstar
     Obey
     Olver
     Owens
     Pallone
     Pappas
     Pascrell
     Paul
     Payne
     Pelosi
     Peterson (MN)
     Petri
     Portman
     Poshard
     Price (NC)
     Ramstad
     Rangel
     Riggs
     Rivers
     Roemer
     Rothman
     Roybal-Allard
     Royce
     Rush
     Ryun
     Sabo
     Salmon
     Sanchez
     Sanders
     Sanford
     Saxton
     Schumer
     Scott
     Sensenbrenner
     Serrano
     Shays
     Sherman
     Slaughter
     Smith (MI)
     Smith (NJ)
     Smith, Adam
     Souder
     Stabenow
     Stearns
     Stokes
     Strickland
     Stupak
     Sununu
     Tanner
     Tauscher
     Taylor (MS)
     Thompson
     Tierney
     Torres
     Towns
     Upton
     Velazquez
     Vento
     Waters
     Watt (NC)
     Waxman
     Weldon (PA)
     Wexler
     Weygand
     Whitfield
     Woolsey
     Yates

                             NOT VOTING--10

     Blumenauer
     Buyer
     Gonzalez
     Kaptur
     Martinez
     Miller (CA)
     Molinari
     Schiff
     Stark
     Young (AK)

                              {time}  1153

  Messrs. SMITH of Michigan, CLYBURN, FOX of Pennsylvania, and SMITH of 
New Jersey changed their vote from ``aye'' to ``no.''
  Mr. JOHN changed his vote from ``no'' to ``aye.''
  So the amendment offered as a substitute for the amendment was agreed 
to.
  The result of the vote was announced as above recorded.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Wisconsin [Mr. Petri], as amended.
  The amendment, as amended, was agreed to.
  Mrs. ROUKEMA. Mr. Chairman, I rise in strong support of this 
important legislation and want to take this opportunity to thank 
Chairman McDade for his continued support for projects like the Ramapo 
River at Oakland Flood project and the tritium production program that 
are so important to the residents of New Jersey.
  As a long-time supporter of the U.S. Army Corps of Engineers' Oakland 
Flood Protection Project, I am committed to seeing that this project 
becomes a reality. Flooding along the Ramapo River has occurred 15 
times in the past 24 years. The 330 families that live along the 3.3-
mile stretch cannot continue to endure the repeated hardship and 
personal turmoil that the flood waters bring.
  The principal problems along the Ramapo River are flooding caused by 
the backwater effect produced by the Pompton Lake Dam, the hydraulic 
constrictions produced by bridges crossing the river, and insufficient 
channel capacity.
  The project is now ready to move into the construction stage. The 
overall cost of the project through construction is estimated at $12.2 
million. This cost is shared by the Federal Government, 75 percent and 
the State, 25 percent.
  Last year, $250,000 was included in the fiscal year 1997 
appropriations bill to complete the planning phase of this project. But 
we now face the battle of getting past a project on paper and putting 
shovels into the ground.

[[Page H5797]]

  The Army Corps of Engineers has indicated that it could use $3.5 
million in fiscal year 1998. This capability would allow construction 
to advance by one year and substantially complete the first piece of 
the project. The completion of the first piece, the channel widening, 
would provide immediate flood reduction benefits to Oakland.
  Flood protection is about more than money. The emotional price of 
being forced from your home by raging flood waters and returning only 
to find your most prized possessions ruined with mud and water goes far 
beyond the economic price.
  I am acutely aware of how difficult it is to craft a balanced fair 
bill that meets not only the national needs but addresses various 
parochial demands. That is why I am so grateful for the $1.5 million 
included in the bill for my Oakland residents.
  Finally, as we work with the other body to prepare a final bill for 
the President's signature, I would ask the chairman to support efforts 
to secure additional funds for this project. We must take the necessary 
steps to complete this project before the residents in Oakland are 
forced to endure yet another flood.
  Mrs. MORELLA. Mr. Chairman, although I am very sensitive to the 
economic needs of our neighbors who live in the Appalachian corridor of 
Maryland, West Virginia, Virginia, and adjacent States, I support the 
Klug amendment to delete the money, $90 million, specifically targeted 
for highway construction in the Appalachian corridor. This program is 
duplicative, and it is more appropriately addressed when the House 
considers ISTEA funding.
  In addition, there is convincing evidence that a highway corridor 
could have very severe environmental consequences to the region. A 100-
mile corridor through the sparsely populated mountains in West Virginia 
would cross 41 streams, go through two national forests, impact two 
Civil War battlefields, and take some of the State's best farmland for 
sprawl development. This is not a wise investment.
  I thank Congressman Klug for offering this amendment and urge my 
colleagues to join me in support of it.
  Mr. SABO. Mr. Chairman, I would like to bring to the attention of the 
House a matter that was not included in the energy and water 
appropriations bill, but which I believe deserves further 
consideration, perhaps in conference.
  Our Nation's electrical transmission grid is strained to the point 
where blackouts and brownouts are occurring at critical times. This is 
a matter of life and death for older people and those in poor health, 
whose life can be threatened when faced with high temperatures and a 
lack of air-conditioning.
  There is a potential solution to this transmission problem. A 
consortium of utilities and high technology companies have developed 
new transmission cables that can carry twice the electricity of today's 
cables, thereby alleviating the overload problem without having to 
install new rights-of-ways. The technology is called aluminum matrix 
composites, and I hope that the final bill will give the Department of 
Energy enough flexibility to consider funding this project.
  Mr. OLVER. Mr. Chairman, I rise in support of the bill.
  I congratulate the chairman and ranking member and their staffs for 
producing a solid bipartisan bill.
  I would also like to thank the chairman and ranking member for the 
report language directing FERC [Federal Energy Regulatory Commission] 
to give priority to the processing of hydroelectric licenses for which 
there are compelling applications.
  This language is important to the city of Holyoke to prevent any 
delay in FERC's review of competing dam license applications. Such a 
delay may place an undue burden on the city of Holyoke.
  I would also ask that the chairman hold the House language in 
conference, as it is more precise then the language in the Senate bill.
  Again, I thank the chairman for his assistance and I look forward to 
supporting the bill.
  The CHAIRMAN. If there are no further amendments, under the rule, the 
Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
LaTourette) having assumed the chair, Mr. Oxley, Chairman of the 
Committee of the Whole House on the State of the Union, reported that 
that Committee, having had under consideration the bill (H.R. 2203) 
making appropriations for energy and water development for the fiscal 
year ending September 30, 1998, and for other purposes, pursuant to 
House Resolution 194, he reported the bill back to the House with 
sundry amendments adopted by the Committee of the Whole.
  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.
  Is a separate vote demanded on any amendment? If not, the Chair will 
put them en gros.
  The amendments were agreed to.
  The SPEAKER pro tempore. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  Pursuant to clause 7 of rule XV, the yeas and nays are ordered.
  The vote was taken by electronic device, and there were--yeas 418, 
nays 7, not voting 9, as follows:

                             [Roll No. 329]

                               YEAS--418

     Abercrombie
     Ackerman
     Aderholt
     Allen
     Andrews
     Archer
     Armey
     Bachus
     Baesler
     Baker
     Baldacci
     Ballenger
     Barcia
     Barr
     Barrett (NE)
     Barrett (WI)
     Bartlett
     Barton
     Bass
     Bateman
     Becerra
     Bentsen
     Bereuter
     Berman
     Berry
     Bilbray
     Bilirakis
     Bishop
     Blagojevich
     Bliley
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonior
     Bono
     Borski
     Boswell
     Boucher
     Boyd
     Brady
     Brown (CA)
     Brown (FL)
     Brown (OH)
     Bryant
     Bunning
     Burr
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Campbell
     Canady
     Cannon
     Capps
     Cardin
     Carson
     Castle
     Chabot
     Chambliss
     Chenoweth
     Christensen
     Clay
     Clayton
     Clement
     Clyburn
     Coble
     Coburn
     Collins
     Combest
     Condit
     Conyers
     Cook
     Cooksey
     Costello
     Cox
     Coyne
     Cramer
     Crane
     Crapo
     Cubin
     Cummings
     Cunningham
     Danner
     Davis (FL)
     Davis (IL)
     Davis (VA)
     Deal
     DeFazio
     DeGette
     Delahunt
     DeLauro
     DeLay
     Dellums
     Deutsch
     Diaz-Balart
     Dickey
     Dicks
     Dingell
     Dixon
     Doggett
     Dooley
     Doolittle
     Doyle
     Dreier
     Duncan
     Dunn
     Edwards
     Ehlers
     Ehrlich
     Emerson
     Engel
     English
     Eshoo
     Etheridge
     Evans
     Everett
     Ewing
     Farr
     Fattah
     Fawell
     Fazio
     Filner
     Flake
     Foglietta
     Foley
     Forbes
     Ford
     Fowler
     Fox
     Frank (MA)
     Franks (NJ)
     Frelinghuysen
     Frost
     Furse
     Gallegly
     Ganske
     Gejdenson
     Gekas
     Gephardt
     Gilchrest
     Gillmor
     Gilman
     Goode
     Goodlatte
     Goodling
     Gordon
     Goss
     Graham
     Granger
     Green
     Greenwood
     Gutierrez
     Gutknecht
     Hall (OH)
     Hall (TX)
     Hamilton
     Hansen
     Harman
     Hastert
     Hastings (FL)
     Hastings (WA)
     Hayworth
     Hefley
     Hefner
     Herger
     Hill
     Hilleary
     Hilliard
     Hinchey
     Hinojosa
     Hobson
     Hoekstra
     Holden
     Hooley
     Horn
     Hostettler
     Houghton
     Hoyer
     Hulshof
     Hunter
     Hutchinson
     Hyde
     Inglis
     Istook
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jenkins
     John
     Johnson (CT)
     Johnson (WI)
     Johnson, E. B.
     Johnson, Sam
     Jones
     Kanjorski
     Kaptur
     Kasich
     Kelly
     Kennedy (MA)
     Kennedy (RI)
     Kennelly
     Kildee
     Kilpatrick
     Kim
     Kind (WI)
     King (NY)
     Kingston
     Kleczka
     Klink
     Knollenberg
     Kolbe
     Kucinich
     LaFalce
     LaHood
     Lampson
     Lantos
     Largent
     Latham
     LaTourette
     Lazio
     Leach
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     Livingston
     LoBiondo
     Lofgren
     Lowey
     Lucas
     Luther
     Maloney (CT)
     Maloney (NY)
     Manton
     Manzullo
     Markey
     Mascara
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McCrery
     McDade
     McDermott
     McGovern
     McHale
     McHugh
     McInnis
     McIntosh
     McIntyre
     McKeon
     McKinney
     McNulty
     Meehan
     Menendez
     Metcalf
     Mica
     Millender-McDonald
     Miller (FL)
     Minge
     Mink
     Moakley
     Mollohan
     Moran (KS)
     Moran (VA)
     Morella
     Murtha
     Myrick
     Nadler
     Neal
     Nethercutt
     Neumann
     Ney
     Northup
     Norwood
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Oxley
     Packard
     Pallone
     Pappas
     Parker
     Pascrell
     Pastor
     Paxon
     Payne
     Pease
     Pelosi
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pickett
     Pitts
     Pombo
     Pomeroy
     Porter
     Portman
     Poshard
     Price (NC)
     Pryce (OH)
     Quinn
     Radanovich
     Rahall
     Ramstad
     Rangel
     Redmond
     Regula
     Reyes
     Riggs
     Riley
     Rivers
     Rodriguez
     Roemer
     Rogan
     Rogers
     Rohrabacher
     Ros-Lehtinen
     Rothman
     Roukema
     Roybal-Allard
     Rush
     Ryun
     Sabo
     Salmon
     Sanchez
     Sanders
     Sandlin
     Sanford
     Sawyer
     Saxton
     Scarborough
     Schaefer, Dan
     Schaffer, Bob
     Schumer
     Scott
     Serrano
     Sessions
     Shadegg
     Shaw
     Shays
     Sherman
     Shimkus
     Shuster
     Sisisky
     Skaggs
     Skeen
     Skelton
     Slaughter
     Smith (NJ)
     Smith (OR)
     Smith (TX)
     Smith, Adam
     Smith, Linda
     Snowbarger
     Snyder
     Solomon
     Souder
     Spence
     Spratt
     Stabenow
     Stearns
     Stenholm
     Stokes
     Strickland
     Stump
     Stupak
     Sununu

[[Page H5798]]


     Talent
     Tanner
     Tauscher
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Thomas
     Thompson
     Thornberry
     Thune
     Thurman
     Tiahrt
     Tierney
     Torres
     Towns
     Traficant
     Turner
     Upton
     Velazquez
     Vento
     Visclosky
     Walsh
     Wamp
     Waters
     Watkins
     Watt (NC)
     Watts (OK)
     Waxman
     Weldon (FL)
     Weldon (PA)
     Weller
     Wexler
     Weygand
     White
     Whitfield
     Wicker
     Wise
     Wolf
     Woolsey
     Wynn
     Yates
     Young (FL)

                                NAYS--7

     Ensign
     Gibbons
     Klug
     Paul
     Royce
     Sensenbrenner
     Smith (MI)

                             NOT VOTING--9

     Blumenauer
     Gonzalez
     Martinez
     Meek
     Miller (CA)
     Molinari
     Schiff
     Stark
     Young (AK)

                              {time}  1213

  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________