[Congressional Record Volume 144, Number 93 (Tuesday, July 14, 1998)]
[House]
[Pages H5494-H5497]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 6 of rule XXIII, proposed amendments were submitted as 
follows:

                               H.R. 3267

                  Offered By: Mr. Miller of California

               (Amendment in the Nature of a Substitute)

       Amendment No. 1:   Strike all after the enacting clause and 
     insert the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Sonny Bono Memorial Salton 
     Sea Restoration Act''.

     SEC. 2. FINDINGS.

       The Congress finds the following:
       (1) The Salton Sea, located in Imperial and Riverside 
     Counties, California, is an economic and environmental 
     resource of national importance.
       (2) The Salton Sea is a critical component of the Pacific 
     flyway. However, the concentration of pollutants in the 
     Salton Sea has contributed to recent die-offs of migratory 
     waterfowl.
       (3) The Salton Sea is critical as a reservoir for 
     irrigation, municipal, and stormwater drainage.
       (4) The Salton Sea provides benefits to surrounding 
     communities and nearby irrigation and municipal water users.
       (5) Restoring the Salton Sea will provide national and 
     international benefits.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) The term ``Study'' means the Salton Sea study 
     authorized by section 4.
       (2) The term ``Salton Sea Authority'' means the Joint 
     Powers Authority by that name established under the laws of 
     the State of California by a Joint Power Agreement signed on 
     June 2, 1993.
       (3) The term ``Secretary'' means the Secretary of the 
     Interior, acting through the Bureau of Reclamation.

     SEC. 4. SALTON SEA RESTORATION STUDY AUTHORIZATION.

       (a) In General.--The Secretary, in accordance with this 
     section, shall undertake a study of the feasibility of 
     various alternatives for restoring the Salton Sea, 
     California. The purpose of the Study shall be to select 1 or 
     more practicable and cost-effective

[[Page H5495]]

     options for decreasing salinity and otherwise improving water 
     quality and to develop a restoration plan that would 
     implement the selected options. The Study shall be 
     coordinated with preparation of an environmental impact 
     statement pursuant to the National Environmental Policy Act 
     of 1969 evaluating alternatives for restoration of the Salton 
     Sea. The Study shall be conducted in accordance with the 
     memorandum of understanding under subsection (g).
       (b) Study Goals.--The Study shall explore alternatives to 
     achieve the following objectives:
       (1) Reducing and stabilizing the overall salinity, and 
     otherwise improving the water quality of the Salton Sea.
       (2) Stabilizing the surface elevation of the Salton Sea.
       (3) Reclaiming, in the long term, healthy fish and wildlife 
     resources and their habitats.
       (4) Enhancing the potential for recreational uses and 
     economic development of the Salton Sea.
       (5) Ensuring the continued use of the Salton Sea as a 
     reservoir for irrigation drainage.
       (c) Options To Be Considered.--
       (1) In general.--Options considered in the Study shall 
     include each of the following and any appropriate combination 
     thereof:
       (A) Use of impoundments to segregate a portion of the 
     waters of the Salton Sea in 1 or more evaporation ponds 
     located in the Salton Sea basin.
       (B) Pumping water out of the Salton Sea.
       (C) Augmented flows of water into the Salton Sea.
       (D) Improving the quality of wastewater discharges from 
     Mexico and from other water users in the Salton Sea basin.
       (E) Water transfers or exchanges in the Colorado River 
     basin.
       (F) Any other feasible restoration options.
       (2) Limitation to proven technologies.--Options considered 
     in the Study shall be limited to proven technologies.
       (d) Factors To Be Considered.--
       (1) Science subcommittee findings and reports.--In 
     evaluating the feasibility of options considered in the 
     Study, the Secretary shall carefully consider all available 
     findings and reports of the Science Subcommittee established 
     pursuant to section 5(c)(2) and incorporate such findings 
     into the project design alternatives, to the extent feasible.
       (2) Other factors to be considered.--The Secretary shall 
     also consider--
       (A) the ability of Federal, tribal, State, and local 
     government sources and private sources to fund capital 
     construction costs and annual operation, maintenance, energy, 
     and replacement costs;
       (B) how and where to dispose permanently of water pumped 
     out of the Salton Sea;
       (C) the availability of necessary minimum inflows to the 
     Salton Sea from current sources, including irrigation 
     drainage water; and
       (D) the potential impact of Salton Sea restoration efforts 
     on the rights of other water users in the Colorado River 
     Basin and on California's Colorado River water entitlement 
     pursuant to the Colorado River Compact and other laws 
     governing water use in the Colorado River Basin.
       (e) Interim Report.--
       (1) Submission.--Not later than 9 months after the 
     Secretary first receives appropriations for programs and 
     actions authorized by this title, the Secretary shall submit 
     to the Congress an interim progress report on restoration of 
     the Salton Sea. The report shall--
       (A) identify alternatives being considered for restoration 
     of the Salton Sea;
       (B) describe the status of environmental compliance 
     activities;
       (C) describe the status of cost-sharing negotiations with 
     State of California and local agencies;
       (D) describe the status of negotiations with the Government 
     of Mexico, if required; and
       (E) report on the progress of New River and Alamo River 
     research and demonstration authorized by this Act.
       (2) Congressional action.--Upon receipt of the interim 
     report from the Secretary, the appropriate committees of the 
     House of Representatives and the Senate shall promptly 
     schedule and conduct oversight hearings to review 
     implementation of the Salton Sea restoration plan included in 
     the report under subsection (f), and to identify additional 
     authorizations that may be required to effectuate plans and 
     studies relating to the restoration of the Salton Sea.
       (f) Report to Congress.--Not later than 18 months after 
     commencement of the Study, the Secretary shall submit to the 
     Congress a report on the findings and recommendations of the 
     Study. The report shall include the following:
       (1) A summary of options considered for restoring the 
     Salton Sea.
       (2) A recommendation of a preferred option for restoring 
     the Salton Sea.
       (3) A plan to implement the preferred option selected under 
     paragraph (2).
       (4) A recommendation for cost-sharing to implement the plan 
     developed under paragraph (3). The cost-sharing 
     recommendation may apply a different cost-sharing formula to 
     capital construction costs than is applied to annual 
     operation, maintenance, energy, and replacement costs.
       (5) A draft of recommended legislation to authorize 
     construction of the preferred option selected under paragraph 
     (2).
       (g) Memorandum of Understanding.--
       (1) In general.--The Secretary shall carry out the Study in 
     accordance with a memorandum of understanding entered into by 
     the Secretary, the Salton Sea Authority, and the Governor of 
     California.
       (2) Option evaluation criteria.--The memorandum of 
     understanding shall, at a minimum, establish criteria for 
     evaluation and selection of options under subsection (a), 
     including criteria for determining the magnitude and 
     practicability of costs of construction, operation, and 
     maintenance of each option evaluated.
       (h) Relationship to Other Laws.--
       (1) Reclamation laws.--Activities authorized by this 
     section shall not be subject to the Act of June 17, 1902 (32 
     Stat. 388; 43 U.S.C. 391 et seq.) and other laws amendatory 
     thereof or supplemental thereto. Amounts expended for those 
     activities shall be considered nonreimbursable and 
     nonreturnable for purposes of those laws.
       (2) Law of the colorado river.--This section shall not be 
     considered to supersede or otherwise affect any treaty, law, 
     or agreement governing use of water from the Colorado River. 
     All activities to carry out the Study under this section must 
     be carried out in a manner consistent with rights and 
     obligation of persons under those treaties, laws, and 
     agreements.
       (i) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary $30,000,000 to carry out 
     the activities authorized in this section.

     SEC. 5. CONCURRENT WILDLIFE RESOURCES STUDIES.

       (a) In General.--Concurrently with the Study under section 
     4, the Secretary shall provide for the conduct of studies of 
     hydrology, wildlife pathology, and toxicology relating to 
     wildlife resources of the Salton Sea by Federal and non-
     Federal entities.
       (b) Selection of Topics and Management of Studies.--
       (1) In general.--The Secretary shall establish a committee 
     to be known as the Salton Sea Research Management Committee. 
     The Committee shall select the topics of studies under this 
     section and manage those studies.
       (2) Membership.--The Committee shall consist of 5 members 
     appointed as follows:
       (A) 1 by the Secretary.
       (B) 1 by the Governor of California.
       (C) 1 by the Torres Martinez Desert Cahuilla Tribal 
     Government.
       (D) 1 by the Salton Sea Authority.
       (E) 1 by the Director of the California Water Resources 
     Center.
       (c) Coordination.--
       (1) In general.--The Secretary shall require that studies 
     conducted under this section are conducted in coordination 
     with appropriate international bodies, Federal agencies, and 
     California State agencies, including, but not limited to, the 
     International Boundary and Water Commission, the United 
     States Fish and Wildlife Service, the United States 
     Environmental Protection Agency, the California Department of 
     Water Resources, the California Department of Fish and Game, 
     the California Resources Agency, the California Environmental 
     Protection Agency, the California Regional Water Quality 
     Board, and California State Parks.
       (2) Science subcommittee.--The Secretary shall require that 
     studies conducted under this section are coordinated through 
     a Science Subcommittee that reports to the Salton Sea 
     Research Management Committee. In addition to the membership 
     provided for by the Science Subcommittee's charter, 
     representatives shall be invited from the University of 
     California, Riverside, the University of Redlands, San Diego 
     State University, the Imperial Valley College, and Los Alamos 
     National Laboratory.
       (d) Peer Review.--The Secretary shall require that studies 
     under this section are subjected to peer review.
       (e) Authorization of Appropriations.--For wildlife 
     resources studies under this section there are authorized to 
     be appropriated to the Secretary $5,000,000.

     SEC. 6. SALTON SEA NATIONAL WILDLIFE REFUGE RENAMED AS SONNY 
                   BONO SALTON SEA NATIONAL WILDLIFE REFUGE.

       (a) Refuge Renamed.--The Salton Sea National Wildlife 
     Refuge, located in Imperial County, California, is hereby 
     renamed and shall be known as the Sonny Bono Salton Sea 
     National Wildlife Refuge.
       (b) References.--Any reference in any statute, rule, 
     regulation, Executive order, publication, map, or paper or 
     other document of the United States to the Salton Sea 
     National Wildlife Refuge is deemed to refer to the Sonny Bono 
     Salton Sea National Wildlife Refuge.

     SEC. 7. ALAMO RIVER AND NEW RIVER.

       (a) Research and Demonstration Projects.--The Secretary 
     shall promptly conduct research and construct wetlands 
     filtration or construct wetlands demonstration projects to 
     improve water quality in the Alamo River and New River, 
     Imperial County, California. The Secretary may acquire 
     equipment, real property, and interests in real property 
     (including site access) as needed to implement actions 
     authorized by this section.
       (b) Monitoring and Other Actions.--The Secretary shall 
     establish a long-term monitoring program to maximize the 
     effectiveness of any demonstration project authorized by this 
     section.
       (c) Cooperation.--The Secretary shall implement subsections 
     (a) and (b) in cooperation with the Desert Wildlife 
     Unlimited, the Imperial Irrigation District, the State of 
     California, and other interested persons.

[[Page H5496]]

       (d) Authorization of Appropriations.--For research and 
     demonstration projects authorized in this section, there are 
     authorized to be appropriated to the Secretary $3,000,000.

     SEC. 8. EMERGENCY ACTION.

       If, during the conduct of the studies authorized by this 
     Act, the Secretary determines that environmental conditions 
     at the Salton Sea warrant immediate and emergency action, the 
     Secretary shall immediately submit a report to Congress 
     documenting such conditions and making recommendations for 
     their correction.

                               H.R. 4104

                        Offered By: Mrs. Northup

       Amendment No. 12:   Strike subsection (c) of section 407 of 
     title 39, United States Code, as proposed to be amended by 
     section 646 (a) (relating to international postal 
     arrangements), and insert the following:
       ``(c) The Postal Service may--
       ``(1) enter into such commercial and operational contracts 
     relating to international postal services as it considers 
     necessary, except that the Postal Service may not enter into 
     any contract with an agency of a foreign government (whether 
     under authority of this paragraph or otherwise) if it would 
     grant an undue or unreasonable preference to the Postal 
     Service with respect to any class of mail or type of mail 
     service; and
       ``(2) with the consent of the President, establish the 
     rates of postage or other charges on mail matter conveyed 
     between the United States and other countries.''.

                               H.R. 4104

                        Offered By: Mr. Sanders

       Amendment No. 13: Page 58, line 1, after the dollar amount, 
     insert the following: ``(reduced by $2,000,000) (increased by 
     $2,000,000)''.

                               H.R. 4104

                        Offered By: Mr. Sanders

       Amendment No. 14: Page 58, line 1, after the dollar amount, 
     insert the following: ``, of which $2,000,000 shall be for 
     the management of veterans records''.

                               H.R. 4104

                        Offered By: Mr. Sanders

       Amendment No. 15: Page 58, line 1, after the dollar amount, 
     insert the following: ``, of which $6,000,000 shall be for 
     the management of veterans records''.

                               H.R. 4104

                        Offered By: Mr. Sanders

       Amendment No. 16: At the end of the bill, insert after the 
     last section (preceding the short title) the following new 
     section:

       Sec. 648. None of the funds made available in this Act may 
     be used to make any loan or credit in excess of $250,000,000 
     to a foreign entity or government of a foreign country 
     through the exchange stabilization fund under section 5302 of 
     title 31, United States Code.

                               H.R. 4104

                        Offered By: Mr. Sanders

       Amendment No. 17: At the end of the bill, insert after the 
     last section (preceding the short title) the following new 
     section:

       Sec. 648. None of the funds made available in this Act may 
     be used to make any loan or credit to a foreign entity or 
     government of a foreign country through the exchange 
     stabilization fund under section 5302 of title 31, United 
     States Code.

                               H.R. 4193

                       Offered By: Mr. Gutierrez

       Amendment No. 1: At the end of the bill before the short 
     title insert the following:
       Sec. 336. The Secretary of Energy, acting through the 
     Assistant Secretary for Energy Efficiency and Renewable 
     Energy, and the Secretary of Agriculture, acting through the 
     Chief of the Forest Service, shall coordinate their endeavors 
     to improve energy efficiency, reduce air pollution and 
     decrease excessive summer heat using innovative forestry and 
     energy conservation techniques in urban communities by--
       (1) developing a comprehensive action plan that will detail 
     how the programs under their administration can be integrated 
     in urban communities to achieve common goals;
       (2) actively pursuing opportunities to coordinate program 
     functions in urban communities;
       (3) targeting specific urban communities where energy 
     efficiency and forestry programs can be integrated 
     effectively; and
       (4) working with State and local governmental entities, 
     private sector partners, and not-for-profit organizations.
     The Secretaries shall jointly submit reports to Congress 
     biannually describing the progress made to achieve the goals 
     of this section.

                               H.R. 4194

                        Offered By: Mr. Bereuter

       Amendment No. 1: Page 91, after line 3, insert the 
     following:
       Sec. 425. The aggregate amount otherwise appropriated in 
     this Act for the functions of the Office of the Administrator 
     of the Environmental Protection Agency is hereby reduced by 
     $15,000,000.

                               H.R. 4194

                        Offered By: Mr. Bereuter

       Amendment No. 2: Page 91, after line 3, insert the 
     following:
       Sec. 425. (a) Temporary Prohibition on Implementation or 
     Enforcement of Public Water System Treatment Requirements for 
     Copper Action Level.--None of the funds made available by 
     this or any other Act for any fiscal year may be used by the 
     Administrator of the Environmental Protection Agency to 
     implement or enforce the national primary drinking water 
     regulations for lead and copper in drinking water promulgated 
     under the Safe Drinking Water Act (42 U.S.C. 300f et seq.), 
     to the extent that the regulations pertain to the public 
     water system treatment requirements related to the copper 
     action level, until--
       (1) the Administrator and the Director of the Centers for 
     Disease Control and Prevention jointly conduct a study to 
     establish a reliable dose-response relationship for the 
     adverse human health effects that may result from exposure to 
     copper in drinking water, that--
       (A) includes an analysis of the health effects that may be 
     experienced by groups within the general population 
     (including infants) that are potentially at greater risk of 
     adverse health effects as the result of the exposure;
       (B) is conducted in consultation with interested States;
       (C) is based on the best available science and supporting 
     studies that are subject to peer review and conducted in 
     accordance with sound and objective scientific practices; and
       (D) is completed not later than 30 months after the date of 
     enactment of this Act; and
       (2) based on the results of the study and, once peer 
     reviewed and published, the 2 studies of copper in drinking 
     water conducted by the Centers for Disease Control and 
     Prevention in the State of Nebraska and the State of 
     Delaware, the Administrator establishes an action level for 
     the presence of copper in drinking water that protects the 
     public health against reasonably expected adverse effects due 
     to exposure to copper in drinking water.
       (b) Current Requirements.--Nothing in this section 
     precludes a State from implementing or enforcing the national 
     primary drinking water regulations for lead and copper in 
     drinking water promulgated under the Safe Drinking Water Act 
     (42 U.S.C. 300f et seq.) that are in effect on the date of 
     enactment of this Act, to the extent that the regulations 
     pertain to the public water system treatment requirements 
     related to the copper action level.

                               H.R. 4194

                        Offered By: Mr. Bereuter

       Amendment No. 3: Page 91, after line 3, insert the 
     following:
         Sec. 425. No part of any funds made available by this Act 
     may be used to pay salaries and expenses of any officer or 
     employee of the Environmental Protection Agency to promulgate 
     or implement any rule under the Safe Drinking Water Act 
     requiring public water systems to use disinfection for those 
     public water systems which rely on ground water. Nothing in 
     the preceding sentence shall be construed to prohibit the 
     Environmental Protection Agency, or any officer or employee 
     of the Agency, from conducting studies and investigations 
     regarding the use of disinfection in public water systems 
     relying on ground water or regarding any alternatives to the 
     use of disinfection in such systems for purposes of meeting 
     national primary drinking water regulations.

                               H.R. 4194

                       Offered By: Mr. Gutierrez

       Amendment No. 4: At the end of title I (page 17, after line 
     12), insert the following:
       Sec. 110. (a) Extension of Veterans Sexual Trauma 
     Counseling and Treatement Program.--Section 1720D of title 
     38, United States Code, is amended in subsections (a)(1) and 
     (a)(3) by striking out ``December 31, 1998,'' and inserting 
     in lieu thereof ``December 31, 2002,''.
       (b) Persons Eligible for Sexual Trauma Counseling and 
     Treatment.--Such section is further amended by adding at the 
     end the following new subsection:
       ``(e)(1) A veteran shall be eligible for counseling and 
     treatment under this section without regard to the provisions 
     of section 5303A of this title.
       ``(2) An individual who is a member of a reserve component 
     shall be eligible for counseling and treatment under this 
     section in the same manner as a veteran and without regard to 
     the provisions of section 5303A of this title.
       ``(3) An individual who is a former member of a reserve 
     component (but who is not a veteran within the meaning of 
     section 101 of this title) and who was discharged or released 
     from service as a member of a reserve component under 
     conditions other than dishonorable shall be eligible for 
     counseling and treatment under this section in the same

[[Page H5497]]

     manner as a veteran and without regard to the provisions of 
     section 5303A of this title.
       ``(4) The Secretary shall ensure that information about the 
     counseling and treatment available to individuals under this 
     subsection--
       ``(A) is made available and visibly posted at each facility 
     of the Department; and

                               H.R. 4194

                         Offered By: Mr. Roemer

       Amendment No. 5: Page 72, line 15, strike 
     ``$5,309,000,000'' and insert ``$3,709,000,000''.

                               H.R. 4194

                        Offered By: Mr. Sanford

       Amendment No. 6: page 76, line 24 strike ``2,745,000,000'' 
     and insert ``2,545,700,000.''

                               H.R. 4194

                         Offered By: Mr. Tiahrt

       Amendment No. 7: Page 8, line 15, before the period at the 
     end, insert the following:

     : Provided, That, of the funds made available under this 
     heading, $12,500,000 shall be for medical research relating 
     to the Gulf War illnesses afflicting veterans of the Persian 
     Gulf War

                               H.R. 4194

                         Offered By: Mr. Tiahrt

       Amendment No. 8: Page 8, line 15, before the period at the 
     end, insert the following:
     : Provided, That, of the funds made available under this 
     heading, $25,000,000 shall be for medical research relating 
     to the Gulf War illnesses afflicting veterans of the Persian 
     Gulf War

                               H.R. 4194

                         Offered By: Mr. Vento

       Amendment No. 9: Page 52, after line 2, insert the 
     following new section:

       low-income housing preservation and resident homeownership

       Sec. 210. (a) Notice of Prepayment or Termination.--
     Notwithstanding section 212(b) of the Low-Income Housing 
     Preservation and Resident Homeownership Act of 1990 (12 
     U.S.C. 4102(b)) or any other provision of law, during fiscal 
     year 1999 and each fiscal year thereafter, an owner of 
     eligible low-income housing (as defined in section 229 of the 
     Low-Income Housing Preservation and Resident Homeownership 
     Act of 1990 (12 U.S.C. 4119)) that intends to take any action 
     described in section 212(a) of such Act (12 U.S.C. 4102(a)) 
     shall, not less than 1 year before the date on which the 
     action is taken--
       (1) file a notice indicating that intent with the chief 
     executive officer of the appropriate State or local 
     government for the jurisdiction within which the housing is 
     located; and
       (2) provide each tenant of the housing with a copy of that 
     notice.
       (b) Exception.--The requirements of this section do not 
     apply--
       (1) in any case in which the prepayment or termination at 
     issue is necessary to effect conversion to ownership by a 
     priority purchaser (as defined in section 231(a) of the Low-
     Income Housing Preservation and Resident Homeownership Act of 
     1990 (12 U.S.C. 4120(a)); or
       (2) in the case of any owner who has provided notice of an 
     intended prepayment or termination on or before July 7, 1998, 
     in accordance with the requirements of section 212(b) of the 
     Low-Income Housing Preservation and Resident Homeownership 
     Act of 1990 (12 U.S.C. 4102(b)).

                               H.R. 4194

                         Offered By: Mr. Vento

       Amendment No. 10: Page 70, line 19, after the dollar amount 
     insert the following: ``(increased by $30,000,000)''.
       Page 72, line 15, after the dollar amount insert the 
     following: ``(reduced by $43,500,000)''.

                               H.R. 4194

                         Offered By: Mr. Vento

       Amendment No. 11: Page 70, line 19, after the dollar amount 
     insert the following: ``(increased by $30,000,000)''.
       Page 76, line 24, after the dollar amount insert the 
     following: ``(reduced by $107,400,000)''.