[Congressional Record Volume 145, Number 164 (Thursday, November 18, 1999)]
[Senate]
[Pages S14825-S14826]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

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                  FURTHER CONTINUING RESOLUTION, 2000

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                  BYRD (AND OTHERS) AMENDMENT NO. 2780

  Mr. BYRD (for himself, Mr. McConnell, Mr. Rockefeller, Mr. Bunning, 
Mr. Reid, Mr. Craig, Mr. Bryan, Mr. Hatch, Mr. Bennett, Mr. Murkowski, 
Mr. Crapo, Mr. Enzi, Mr. Burns, Mr.

[[Page S14826]]

Kyl, Mr. Breaux, Mr. Shelby, Mr. Gramm, and Mr. Grams) proposed an 
amendment to the joint resolution (H.J. Res. 82) making further 
continuing appropriations for the fiscal year 2000, and for other 
purposes, as follows:

       At the appropriate place, insert the following:

     SEC. ____. DISPOSAL OF EXCESS SPOIL AND COAL MINE WASTE.

       (a) In General.--Notwithstanding any other provision of law 
     (including any regulation or court ruling), hereafter--
       (1) in rendering permit decisions for discharges of excess 
     spoil and coal mine waste into waters of the United States 
     from surface coal mining and reclamation operations, the 
     permitting authority shall apply section 404 of the Federal 
     Water Pollution Control Act (33 U.S.C. 1344) and the section 
     404(b)(1) guidelines pursuant to section 404(b)(1) of the 
     Federal Water Pollution Control Act (33 U.S.C. 1344(b)(1)) 
     and implementing regulations set forth in part 230 of title 
     40, Code of Federal Regulations (as in effect on October 19, 
     1999);
       (2) the permitted disposal of such spoil or waste meeting 
     the requirements of the section 404(b)(1) guidelines referred 
     to in paragraph (1) shall be deemed to satisfy the criteria 
     for granting a variance under regulations set forth in 
     sections 816.57 and 817.57 of title 30, Code of Federal 
     Regulations, and applicable State regulations; and
       (3) Federal and State water quality standards shall not 
     apply to the portions of waters filled by discharges 
     permitted pursuant to the procedures set forth in paragraphs 
     (1) and (2); all applicable Federal and State water quality 
     standards shall apply to all portions of waters other than 
     those filled pursuant to the permitting procedures set forth 
     in paragraphs (1) and (2).
       (b) Duration of Effectiveness.--The permitting procedures 
     specified in subsection (a) shall remain in effect until the 
     later of--
       (1) the date that is 2 years after the date of enactment of 
     this Act; or
       (2) the effective date of regulations promulgated to 
     implement recommendations made as a result of the 
     environmental impact statement relating to the permitting 
     process, the preparation of which was announced at 64 Fed. 
     Reg. 5800 (February 5, 1999).
       (c) Effect of Section.--Nothing in this section modifies, 
     supersedes, undermines, displaces, or amends any requirement 
     of, or regulation issued under, the Federal Water Pollution 
     Control Act (commonly known as the ``Clean Water Act'') (33 
     U.S.C. 1251 et seq.) or the Surface Mining Control and 
     Reclamation Act of 1977 (30 U.S.C. 1201 et seq.), as applied 
     by the responsible Federal agencies on October 19, 1999.
       (d) Period of Effectiveness.--Notwithstanding any other 
     provision of law repealing or terminating the effectiveness 
     of this Act, this section shall remain in effect until the 
     date of termination of the effectiveness of the permitting 
     procedures in accordance with subsection (b).

     SEC. ____. HARDROCK MINING.

       (a) In General.--For the purposes of section 1000(a)(3) of 
     division B of the Act enacting H.R. 3194 of the 106th 
     Congress, in lieu of section 357 of title III of H.R. 3423 of 
     the 106th Congress, as introduced on November 17, 1999, 
     regarding the issuance of regulations on hardrock mining, the 
     following shall apply:
       (1) Hardrock mining.--None of the funds made available 
     under this Act or any other Act shall be used by the 
     Secretary of the Interior to promulgate final regulations to 
     revise subpart 3809 of 43, Code of Federal Regulations, 
     except that the Secretary, after the end of the public 
     comment period required by section 3002 of the 1999 Emergency 
     Supplemental Appropriations Act (Public Law 106-31; 113 Stat. 
     89), may issue final regulations to amend that subpart if the 
     regulations are consistent with--
       (A) the regulatory gap findings identified in the report of 
     the National Research Council entitled ``Hardrock Mining on 
     Federal Lands''; and
       (B) statutory authorities in effect as of the date of 
     enactment of this Act.
       (2) Limitation.--Nothing in this section expands the 
     statutory authority of the Secretary of the Interior in 
     effect as of the date of enactment of this Act.
       (b) Period of Effectiveness.--This section--
       (1) takes effect 1 day after the date of enactment of the 
     Act enacting H.R. 3194 referred to in subsection (a); and
       (2) notwithstanding any other provision of law repealing or 
     terminating the effectiveness of this Act, shall remain in 
     effect unless repealed by Act of Congress that makes specific 
     reference to this section.

     SEC. ____. MILLSITES.

       (a) In General.--For the purposes of section 1000(a)(3) of 
     division B of the Act enacting H.R. 3194 of the 106th 
     Congress, in lieu of section 337 of title III of H.R. 3423 of 
     the 106th Congress, as introduced on November 17, 1999, 
     regarding the millsites opinion, the following shall apply:
       (1) Millsites opinion.--No funds shall be expended by the 
     Secretary of the Interior or the Secretary of Agriculture, 
     for fiscal years 2000 and 2001, to limit the number or 
     acreage of millsites based on the ratio between the number or 
     acreage of millsites and the number or acreage of associated 
     lode or placer claims with respect to--
       (A) any patent application excluded from the operation of 
     section 112 of the Department of the Interior and Related 
     Agencies Appropriations Act, 1995, by section 113 of that Act 
     (108 Stat. 2519);
       (B) any operation or property for which a plan of 
     operations has been approved before the date of enactment of 
     this Act; or
       (C) any operation or property for which a plan of 
     operations, or amendment or modification to an existing plan, 
     was submitted to the Bureau of Land Management or the Forest 
     Service before May 21, 1999.
       (2) No ratification.--Nothing in this Act or the 1999 
     Emergency Supplemental Appropriations Act (Public Law 106-31) 
     shall be construed as an explicit or tacit adoption, 
     ratification, endorsement, approval, rejection, or 
     disapproval of the opinion dated November 7, 1997, by the 
     Solicitor of the Department of the Interior concerning 
     millsites.
       (b) Period of Effectiveness.--This section--
       (1) takes effect 1 day after the date of enactment of the 
     Act enacting H.R. 3194 referred to in subsection (a); and
       (2) notwithstanding any other provision of law repealing or 
     terminating the effectiveness of this Act, shall remain in 
     effect unless repealed by Act of Congress that makes specific 
     reference to this section.
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                 HELMS (AND OTHERS) AMENDMENT NO. 2781

  Mr. LOTT (for Mr. Helms (for himself, Mr. Edwards, and Mr. Robb)) 
proposed an amendment to the joint resolution, H.J. Res. 82, supra; as 
follows:

       At the appropriate place insert:


  commodity credit corporation producer-owned marketing associations 
                              forgiveness

       Sec. 1. The Secretary of Agriculture shall reduce the 
     amount of any principal due on a loan made to marketing 
     association incorporated in the State of North Carolina for 
     the 1999 crop of an agricultural commodity by at least 75 
     percent if the marketing association suffered losses of the 
     agricultural commodity in a county with respect to which--(1) 
     a natural disaster was declared by the Secretary for losses 
     due to Hurricane Dennis, Floyd, or Irene; or (2) a major 
     disaster or emergency was declared by the President for 
     losses due to Hurricane Dennis, Floyd, or Irene under the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5121 et seq.)
       If the Secretary assigns a grade quality for the 1999 crop 
     of an agricultural commodity marketed by an association 
     described in subsection (a) that is below the base quality of 
     the agricultural commodity, the Secretary shall compensate 
     the association for losses incurred by the association as a 
     result of the reduction in grade quality.
       Up to $81,000,000 of the resources of the Commodity Credit 
     Corporation may be used for the cost of this provision: 
     Provided, That the entire amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) and prevent sequestration of the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended.
       Sec. 2. In administering $50,000,000 in emergency 
     supplemental funding for the Emergency Conservation Program, 
     the Secretary shall give priority to the repair of structures 
     essential to the operation of the farm.

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