[Congressional Record Volume 147, Number 144 (Thursday, October 25, 2001)]
[Senate]
[Page S11097]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      DEPARTMENT OF THE INTERIOR APPROPRIATIONS--CONFERENCE REPORT


                            lytton rancheria

  Mr. BURNS. Mr. President, would the Chairman agree that the 
conference sought to address an issue dealing with the exceptional and 
unique circumstances which led to the enactment of Sec. 819 of P.L. 
106-568 with regard to land taken into Federal trust status prior to 
1988 for the Lytton Rancheria of California?
  Mr. BYRD. Mr. President, the ranking member is correct. In Sec. 128, 
the Committee recognizes the exceptional and unique circumstances 
surrounding the enactment of Sec. 819 of P.L. 106-568. The 
circumstances do not, however, diminish the requirement that the tribe 
fully comply with the provisions of the Indian Gaming Regulatory Act 
and in particular, with respect to class III gaming, the compact 
provisions of Sec. 2710(d) or any relevant Class III gaming procedures. 
The Committee further recognized that nothing in Sec. 819 of P.L. 106-
568 be construed as permitting off-reservation gaming except in strict 
compliance with the Indian Gaming Regulatory Act.


                      clean coal power initiative

  Mr. SANTORUM. Mr. President, in the Statement of the Managers 
accompanying the Interior and Related Agencies Conference Report, there 
is language on page 117 that sets certain limitations on the types of 
projects eligible to compete for Clean Coal Power Initiative funds. 
Specifically, the language states; ``Further, all co-production 
projects must provide at least half of their output in the form of 
electricity.'' This language could have the effect of precluding 
certain innovative co-production projects from competing for the funds 
appropriated. Can the Chairman explain the intent of this language?
  Mr. BYRD. This language was included based on information provided to 
the Committees that these limitations were consistent with the fiscal 
year 2001 solicitation. We have since learned that this is not the 
case. While the draft solicitation contained a minimum thresh-hold for 
power production, the final solicitation contained no such thresh-hold. 
We have since consulted with the Department of Energy, and the 
Department agrees that there should be no minimum thresh-hold for power 
production in the next solicitation. Because the language in the 
Statement of Managers was based on inaccurate information, it is my 
view that this particular language should not apply. Program applicants 
should keep in mind, however, that improved electric reliability is the 
focus of the program. Would my colleague, Senator Burns, concur?
  Mr. BURNS. I concur with the statement of Senator Byrd.

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