[Congressional Record Volume 151, Number 150 (Monday, November 14, 2005)]
[Senate]
[Pages S12740-S12751]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 2006--CONFERENCE
REPORT
The PRESIDING OFFICER (Mr. Thomas). The hour of 4:30 having arrived,
the Senate will proceed to the consideration of the conference report
to accompany H.R. 2419, which the clerk will report.
The legislation clerk read as follows:
The Committee of Conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill, H.R.
2419, making appropriations for energy and water development
for the fiscal year ending
[[Page S12741]]
September 30, 2006, and for other purposes, having met, have
agreed that the House recede from its disagreement to the
amendment of the Senate, and agree to the same with an
amendment, and the Senate agree to the same, signed by all of
the conferees on the part of both Houses.
The PRESIDING OFFICER. The Senate will proceed to the consideration
of the conference report.
(The conference report is printed in the proceedings of the House in
the Record of November 7, 2005.)
The PRESIDING OFFICER. Under the previous order, there will now be 30
minutes of debate equally divided between the bill managers, with 15
minutes under the control of the Senator from Arizona, Mr. McCain, and
15 minutes under the control of the Senator from Oklahoma, Mr. Coburn.
Defense Authorization
Mr. LEVIN. Mr. President, I think we indicated last week that while
the time is limited, as it had been prior to this point in terms of
debate on the Iraq amendments, there would be time either on the
amendments themselves or in morning business tonight after the vote.
There is a very limited period of time under the unanimous consent
agreement for tomorrow. We had hoped that could have been expended, but
apparently there is no agreement to that.
I remind colleagues who have not had a chance to speak on the Iraq
amendments which are pending that the best time to do that, given the
very limited time remaining on tomorrow on these amendments, would be
after the vote on the appropriations bill tonight.
I suggest the absence of a quorum.
The assistant legislative clerk proceeded to call the roll.
Mr. DOMENICI. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. DOMENICI. Mr. President, I ask unanimous consent that 5 minutes
of my time be reserved intact prior to the vote at 5:30, and I object
for the other side.
How much time remains, and how is it allotted?
The PRESIDING OFFICER. Each side has 10 minutes at this time, and
there are four Senators to equally divide the 10 minutes. Each of the
four Senators has 10 minutes. The vote will be 40 minutes from now.
Mr. DOMENICI. I didn't understand. Do we know the names of the
Senators? Reed, Domenici.
The PRESIDING OFFICER. And Senators McCain and Coburn.
Mr. DOMENICI. All right.
I ask consent to call up conference authority to accompany H.R. 2419
and ask it be considered.
The PRESIDING OFFICER (Mr. Isakson). The report is before the Senate.
Mr. DOMENICI. Mr. President it is my pleasure to bring the Energy and
Water conference report for fiscal year 2006 to the floor for
consideration.
The bill provides $30.495 billion, consistent with the conference
allocation and $748 million above the request and the House level and
budget request and $750 million below the Senate allocation. This bill
is a product of extensive compromise on both sides.
U.S. Army Corps; $5.38 billion: +$636 million above the House, $84
million above the Senate and $57 million below fiscal year 2005 levels
and +$1.05 billion above the request.
In the wake the hurricanes, this budget rejects the direction of the
President's proposed budget. It is clear that we need to invest more in
critical water infrastructure, not less.
This also funds an $8 million study to investigate various storm
protection needs for New Orleans and vicinity, as well as $10 million
for the Louisiana coastal area.
The report does not provide for the supplemental needs of Louisiana,
Mississippi, Texas or Florida, nor does it repay any of the projects
that have been tapped to support the Corps' post hurricane operations.
The Congress will address this as part of the emergency supplemental.
Bureau of Reclamation $1.06 billion. This is: +$53.5 million above
the House, -$16 million below the Senate, +$114 million above the
request.
Mr. President--$24.29 billion is provided to the Department. This is
$76 million above the request and consistent with fiscal year 2005
levels. NNSA received $9.196 billion. This is $217 above fiscal year
2005 levels and $200 million below the request, $348 million above the
House and -$250 below the Senate.
The Conferees have agreed to increase funding for the Reliable
Replacement Warhead Program. This innovative approach is intended to
challenge weapons designers to enhance the existing warheads to improve
the safety, surety and manufacturability.
The conference agreement provides no funding for a modern pit
facility. I do not believe the administration has made the case that
this costly new project is necessary at this point. The Department must
focus on improving the manufacturing capability of pits at Los Alamos
rather than experimental activities.
Lab Directed Research and Development, LDRD. The bill increases the
LDRD amount to 8 percent. As an experiment, it applies overhead costs,
but also ensures that overall LDRD funding does not fall below the 6
percent overall.
NNSA's Office of Nuclear Nonproliferation is provided $1.63 billion.
This is a slight decrease below the President's request. However, the
conferees were able to provide needed funding for key nonproliferation
programs.
Mr. President, $220 million is provided to initiate construction of
the mixed oxide conversion plant at Savannah River Site in South
Carolina this fiscal year. This level of funding will permit the
Department to move ahead with construction in fiscal year 2006.
The conference report provides $309 million, an increase of $42
million above the request and $85 million above fiscal year 2005, for
the Nuclear Detection Research and Development account. This is
critical funding provided to the labs to stay a step ahead of
terrorists and other threats.
The conferees provide $427 million, an increase of $83 million, to
protect nuclear materials in Russia that was negotiated as part of the
Bratislava Summit in February 2005 between President's Bush and Putin.
This will allow the administration to secure several new Russian
weapons sites that have previously not been open to the U.S. to make
critical security upgrades to protect Russian nuclear warheads. Russian
sites have traditionally been poorly protected despite the fact that
the sites store nuclear warheads.
The conferees provide the Office of Science $3.63 billion, an
increase of $170 million above the request. The conferees provide an
additional $30 million for advanced computing at Oak Ridge.
Fossil Energy R&D will receive $597 million, up $26 million from
fiscal year 2005 and $106 million above the request. The conferees
defer the use of $257 million to be used to support the construction of
the FutureGen coal plant.
The conference report provides $1.8 billion for Energy Supply and
Conservation research and development. This is $24 million above fiscal
year 2005 and $81 million above the request.
For fiscal year 2006, the conferees have provided $240 million for
weatherization assistance. This is a $15 million increase above the
request and will provide important funding to offset rising energy
costs this winter.
In fiscal year 2006, the conferees provide $7 billion in funding for
environmental management activities. Within this amount the defense
cleanup activities receive $6.19 billion, an increase of $177 million
above the request.
Yucca Mountain is facing serious delays regarding the filing of the
license application and the EPA established radiation standard. In
addition, this facility will be too small to address all our Nation's
spent fuel and defense waste needs.
We need to find ways to reduce the amount of spent fuel to be sent to
the repository and encourage the Department to find ways to do more
through spent fuel recycling.
Recently, the Secretary of Energy Sam Bodman outlined his vision for
the future of nuclear power, which includes investment in commercial
spent fuel recycling and to minimize the proliferation threats.
The conference agreement provides $50 million for the Denali
Commission, an increase of $47 million over the President's request.
The conference agreement provides $65 million for the Appalachian
Regional Commission, consistent with the President's request.
[[Page S12742]]
The conference agreement provides $12 million for the Delta Regional
Authority.
The conference agreement provides a total budget of $734 million for
the Nuclear Regulatory Commission, the same as the Senate bill and is
$41 million above the request. NRC is charged with new security
investigations, as well as supporting the filing of new reactor license
requests.
The conference report provides $5.4 billion for the Army Corps of
Engineers. This is approximately $57 million less than enacted in
fiscal year 2005.
The conference report provides $1.05 billion more for the Corps than
was proposed by the budget request. It also includes $636 million more
than the House Bill and $85 million more than the Senate bill.
This significant increase signifies a congressional commitment to
restore our aging water resources infrastructure.
For too long we have not provided sufficient resources for our water
infrastructure and we are now paying the price.
Navigation channels are not being dredged, which limits commerce.
Preventive maintenance is not being performed, resulting in
unscheduled outages of projects.
Construction of new infrastructure is being delayed and constructed
inefficiently due to funding constraints.
Studies of water resource needs are being delayed or deferred due to
funding constraints.
This conference report attempts to set us on the right path to
recapitalize our water resources infrastructure by providing $2.4
billion for construction projects and $2 billion for Operations and
Maintenance of existing projects.
Some of the construction highlights of the bill include: All of the
Dam Safety projects are funded at the Corps' full capability; $90
million for continued construction of the Olmsted Lock and Dam; $101
million for continued construction of the New York-New Jersey Harbor;
$70 million for continued construction of the McAlpine Lock and Dam, on
the Ohio River; $28 million for continued construction of the West Bank
and Vicinity, New Orleans, Louisiana flood control project; and $137
million for continuation of the Everglades Restoration Projects in
Florida.
Some of the operation and maintenance items include: $24 million for
the maintenance of the Tennessee-Tombigbee Waterway; $62.4 million for
operations and maintenance of the Upper River navigation system; $55
million for operation and maintenance of the Ohio River navigation
system; $17 million for maintenance of the Columbia River jetties; and
dredging funds were included for most of our smaller ports and
waterways as well.
The Mississippi River and Tributaries Project was funded at $400
million. This project provides for comprehensive navigation and flood
control improvements on the Mississippi River and its tributaries below
St. Louis, MO.
The conference report includes $10 million for continued studies of
how to restore Louisiana's Coastal Wetlands. Additional funding and
authorization for wetland recovery work is included in the
administration's emergency supplemental proposal.
The conference bill contains a proviso concerning a comprehensive
hurricane protection study for south Louisiana that would afford
protection from a category 5 storm surge and would exclude the normal
policy considerations in determining the benefits of this protection
level.
It is my understanding that previous studies undertaken by the Corps
of Engineers balanced the level of protection with the benefits that
established policies allowed.
None of the existing studies provide detailed analysis of what is
necessary to provide Category 5 protection for south Louisiana.
This study would provide that analysis. In order to expedite the
work, the Corps is directed to provide a plan for short term protection
within 6 months of enactment, a plan for interim protection within 12
months of enactment and long term comprehensive protection within 24
months of enactment.
This study would rely heavily on existing studies with projections of
necessary actions to achieve Category 5 protection. The study would
also integrate flood, coastal and hurricane protection measures into a
seamless line of protection for south Louisiana.
On August 29, Hurricane Katrina came ashore on the Louisiana and
Mississippi Gulf coast. This storm devastated the region.
The conference report does not include funding that has been
requested by the administration for hurricane recovery efforts along
the gulf coast; rather, these efforts will continue to be funded
through emergency supplemental appropriations.
The administration has proposed spending $1.6 billion to restore the
levees to prehurricane strength and make repairs to existing Corps
infrastructure located in the hurricane's path.
The conference report provides $1.065 billion for the Bureau of
Reclamation. This is approximately $47 million more than was enacted in
fiscal year 2005.
The conference report provides $114 million more for Reclamation than
was proposed by the budget request. It also includes $53.5 million more
than the House bill and $16 million less than the Senate bill.
The conference report provides sufficient funding to allow
Reclamation to continue their mission of providing water and power to
the West.
Some of the major highlights include: $129.4 million for the various
divisions of the Central Valley Project in California; $52.2 million
for the Central Valley Project Restoration Fund; $34.4 million for the
Central Utah Project; $56 million to continue construction of the
Animas-La Plata Project; $16 million for the Ft. Peck-Dry Prairie Rural
Water System in Montana; $21 million for the Klamath Project, $37
million for the California Bay-Delta Restoration program.
These ongoing water resource projects provide benefits to our
citizens by making large parts of the western United States habitable.
Mr. President, I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER. Without objection, the clerk will call the
roll.
The assistant legislative clerk proceeded to call the roll.
Mr. CRAIG. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. CRAIG. Mr. President, I ask unanimous consent to be allowed to
use 5 minutes of Senator McCain's allotted time under the UC.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. CRAIG. Mr. President, for just a few moments, I rise to recognize
the work that has been done on H.R. 2419, the Energy and Water
Development Appropriations Act of 2006.
For a good number of years, some of us who work on the physical
sciences in the Senate--by that I mean on committees that recognize the
kind of research dollars that are applied to new technologies beyond
health care, but more in the physical sciences--have been increasingly
concerned that we have dedicated almost exclusively all research money
to health care, medical science, biological sciences, and not to the
physical sciences.
We had once invested heavily in the space program, and for decades it
advanced our country beyond all other countries in technology, in all
of the high-tech that has led our economy today and is now leading the
world economy. Much of that was a spinoff from the early days of the
investment in the space program. When few saw the opportunities or the
benefits, some in Congress did, and it was well funded.
While I am not standing on the floor in any way to criticize our
investment in the biological sciences or health care--and clearly that
has advanced technology today well beyond where we thought we could go,
and in a much more rapid way to look at cancer and diabetes and other
of our chronic illnesses in this country that are causing tremendous
problems and death loss-- the one thing that has been obvious in tight
budget years is that we have not been willing to commit the kind of
investment dollars to the physical sciences this bill begins to speak
to clearly today. For example, we are spending more money than ever
before on nuclear energy, pushing the technology curve once again to
become leaders in the world on a technology that we once led on but we
let move away. Now for a variety of reasons,
[[Page S12743]]
most importantly because of a need for clean energy, we are recognizing
once again we have to put the hard dollars back into the technology
that takes us beyond the lightwater reactor to the high temperature gas
reactor and even beyond that some day, out there 40 or 50 or 60 years
to technologies such as fission. That is in part what this budget and
this appropriations bill speaks to.
Certainly I come to the floor to thank the chairman of the
Appropriations subcommittee, Pete Domenici, for his vision, his
farsightedness in recognizing and fighting for some of the new money
that advances us at our national laboratories that are tremendous
treasures to advance these types of technologies. Once weapons
laboratories during the Cold War, they are transforming themselves into
lead research facilities well beyond what they were a decade or two
ago. Clearly, that is true, whether it is in my State of Idaho or in
New Mexico or California or in the other States that have the privilege
of housing these laboratories and the quality of work they do.
While this conference did not come about easily, while there are many
more dollars that could be spent productively to advance our country
and our leadership in the world of science, this is a major step in the
right direction under tight budget constraints.
I am proud to be a conservative. I believe in balanced budgets. I
believe in bringing down deficits. I believe that all parts of the
appropriating process have to share in that responsibility. Clearly, we
have shared in it in the Energy and Water Development appropriations
legislation. At the same time we have worked cooperatively with the
House and, in a common cause, advanced a variety of the technologies
that are embodied within this appropriations bill that is critically
important.
I thank the chairman for the work he has done to advance a variety of
the technologies I have spoken to, and yield the floor.
The PRESIDING OFFICER. The Senator from New Mexico.
Mr. DOMENICI. I thank the Senator. Let me reciprocate. He, too, is a
very significant part and plays a very important role in not only the
matters he discussed but many others in this bill. I commend him for
it. His State has a magnificent laboratory. They are performing some
great activity in terms of the future generation of civilian nuclear
power. That is important for our and the world's future.
I take a moment to thank the staff and recognize their hard work,
long hours, many discussions: From the majority staff, Scott O'Malia,
Roger Cockrell, and Emily Brunini; on the minority staff, Drew Willison
and Nancy Olkewicz. Everybody should understand that these
appropriations bills are put together by a small, excellent, and
professional staff. Some people think that more oversight should occur.
I hope the authorizers will do that. We can't do it in detail. We do
our best.
I yield the floor.
The PRESIDING OFFICER. The Senator from Nevada.
Mr. REID. Mr. President, I make a couple of points that I think are
worth making on this most important bill. First, I express my
appreciation to Senator Domenici. He and I have worked on this bill for
a long time. When I say ``this bill,'' year after year we work hard to
put a bill together. Some years are easier than others. This was not an
easy year. It was a very difficult year. We have a lot of Senators who
are not happy with what we have been able to do, but we have done the
best we can under very trying circumstances.
Our conference allocation is $750 million above the President's
request. Of that amount, $600 million went to the Corps of Engineers
for flood control and navigation projects. This is in relation to the
post-Katrina world in which it is certainly obvious why we needed to do
this. This is a wise investment of our Nation's resources. The scrutiny
of the Corps' activities is only going to increase in coming years. So
it is imperative that they conduct themselves in a completely open and
transparent manner moving forward.
Unfortunately, the result of placing such a high priority on flood
control is that important programs of the Department of Energy are
essentially flat. This will not be an easy year for renewable and
energy-efficient programs, the Office of Science, or the critically
important environmental cleanups at nuclear weapons sites nationwide.
We must do better in future years. In fact, we have to find more
resources for these important activities.
Secondly, this conference report is the product of thousands of
compromises, not hundreds. None of the four principal subcommittee
conferees agrees with every provision contained in this conference
report, and that is an understatement. For example, as far as I am
concerned, we are carrying a small amount of funding and some report
language directing the Department to set a nationwide competition to
see if there is a State out there willing to voluntarily accept a spent
fuel reprocessing facility. While I have always supported processing
research as a prudent investment, I have never supported moving forward
in any way on an actual reprocessing facility for many of the same
reasons that I oppose centralized storage--the danger of transportation
outweighs the benefits.
However, I completely respect the desire of Chairman Hobson, Chairman
Domenici, and Ranking Member Visclosky to do something--I appreciate
and congratulate and applaud each of them--to change the dynamics
surrounding what I believe is the failed Yucca Mountain project. I have
worked with Senator Domenici for many years. He is my friend. It goes
without saying that we have difficulties in this bill, but it is never
anything personal. We have communication that is as good as any two
Senators in this Congress. It is a good give-and-take process. Senator
Domenici understands that legislation is the art of compromise. We are
both realists. I have been the chairman of this subcommittee on a
number of occasions, and he has been the ranking member. We have always
worked well together.
I thank both the House and the Senate staff for doing a tremendous
job under the most trying circumstances. A lot of times we are at home,
in the safety and security of our homes and we have staff members
working well into the night, into the morning, trying to come up with a
product they can submit to us that we can get through this body. This
has been a long, difficult road this year. My hat is off to all the
House and Senate staff for sticking with it and bringing forward the
recommendations that will be accepted this evening.
On the House side, thanks to Kevin Cook, Scott Burnison, John Blazey,
Terry Tyborowski, Tracy LaTurner, Tanya Berquam, Dixon Butler, Peder
Morebeer, and Felicia Kirksey.
On the Senate side, thanks to Scott O'Malia, Emily Brunini, Roger
Cockrell, and Nancy Olkewicz. I probably shouldn't spend too much time
on Drew Willison, but I couldn't spend too much time. What he has done
in working to craft this legislation, not for me, not for Senator
Domenici, not for the Senate, but for the people of this country, words
cannot express adequately my appreciation for his good work. No one--I
say that without qualification or reservation--knows this bill better
than he does. His work is something the American people should
understand they have gotten their money's worth from the work he has
done. It was a tough year. It is a product we can all be proud of.
I thank the Chair.
The PRESIDING OFFICER. The Senator from New Mexico.
Mr. REID. I yield back all of the time I have.
The PRESIDING OFFICER. The Senator yields back his time.
The Senator from New Mexico.
Mr. DOMENICI. Mr. President, parliamentary inquiry: I know there is
another Senator, but if he doesn't come by 5:30, I understand we are
going to vote; is that correct?
The PRESIDING OFFICER. If all time is yielded back, the vote will
occur at 5:30.
Mr. REID. I have yielded back my time. How much time is left?
The PRESIDING OFFICER. The Senator from New Mexico reserved 5 minutes
prior to the vote and has 4 minutes remaining.
Mr. DOMENICI. I must say, if the Senator from Oklahoma isn't here by
5:30, we can't yield back his time, but we are supposed to vote.
The PRESIDING OFFICER. The Senator is correct.
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Mr. DOMENICI. I am not trying to take his time. I am going to speak
because I have time. If he comes, I will give him whatever I have.
Senator Reid talked about renewables. While we weren't able to do
everything in each of the R&D programs, we are over the budget with
reference to conservation, wind, biomass, solar, and hydrogen. We are
higher than the budget request in each of those. We are pleased about
that.
Move over to the nonproliferation budget, which everybody says is
terrifically important for our country. That is up. An area which the
occupant of the Chair is familiar with, that is the MOX, the mixed
oxide, which is a part of nonproliferation but is America's first
significant effort in moving ahead with reprocessing. It starts by a
giant step at converting plutonium that comes from thousands of nuclear
weapons that have been reduced, eliminated, and the plutonium remains.
We are trying to convert it. The Savannah River Project has accepted
it. While the House had zeroed it out--a big mistake, in my opinion--we
were able to fund it by long and hard negotiations. It was one of the
items that held this bill up. It is funded not as much as it should be
but sufficient to keep this valuable, almost necessary, project going.
That is good.
Likewise, there should be no doubt, harkening back to
nonproliferation, that the President was right in his budget. He asked
for a big increase, while the rest was either zeroed out, slightly
reduced. There was an 11 or 12-percent increase. We retained that, and
it will now see us make a very major effort in the detection, the
cleanup, the safety of items that could proliferate in all the areas,
but predominantly in the area of nuclear.
With that, I yield the floor.
The PRESIDING OFFICER. The Senator yields the floor.
Protecting the Treaty Fishing Rights of Tribes
Mr. INOUYE. Mr. President, I rise today to address some lingering
concerns about certain report language in the fiscal year 2006 Energy
and Water Appropriations Conference Report and to seek clarification.
During my many years as chairman and vice chairman of the Indian
Affairs Committee, I became acutely aware of the importance of
protecting the treaty fishing rights of tribes in the Northwest and
spent much time discussing this issue with many of the Northwest tribal
leaders. I know that without independent technical data and analyses on
the status of salmon and steelhead runs in the Columbia Basin, it will
be difficult for them to act professionally as comanagers of the
resource. The final conference report contains language directing the
Bonneville Power Administration, BPA, to cease funding an important
independent scientific research center based in the Pacific Northwest,
known as the Fish Passage Center, FPC. The language directs BPA and the
Northwest Power and Conservation Council, NPCC, to transfer the
functions of the Fish Passage Center in a way that ensures ``seamless
continuity of activities'' without giving direction about how this
transfer should take place.
The Northwest Power Act called for the NPCC to establish a fish and
wildlife program. That program has called for BPA to fund the Fish
Passage Center for the past 20 years. The data and analyses the center
has provided has been invaluable to the States and tribal fishery
managers of the Columbia Basin. Can the distinguished chairman of the
Energy and Water Subcommittee tell me if this language was in any way
intended to supersede the NW Power Act or the specific provisions in
the NPCC's present fish and wildlife program calling for a number of
key functions to be performed and whether the state and tribal fishery
managers will have input into how the center is reconstituted?
Mr. DOMENICI. The premise of the longtime member of the Indian
Affairs Committee is correct. We do not intend this language to
supersede the Northwest Power Act or the Council's fish and wildlife
program. Certainly both the Bonneville Power Administration and the
NPCC are expected to work closely with the State and tribal fishery
managers in determining a suitable entity that could take over these
functions so that the fishery managers, including the tribes, continue
to receive independent analyses as they have in the past.
Mr. CRAIG. Mr. President, I appreciate the attention of my colleagues
to this regional issue regarding the Fish Passage Center and would like
to make a few comments to clarify the intent of the language.
This language is not about treaty rights; this issue is about
ensuring accurate data is used in recovering the species. Removal of
funding to the FPC does not mean the current functions will disappear.
It is my understanding that other institutions in the region now
perform most of the data collection and dissemination that is performed
by the FPC. Reduced redundancies mean increased efficiency and
effectiveness in the regional fish and wildlife program. The end result
is a more focused program and the region moves forward toward recovery
of the species.
While BPA has contracted the FPC for the last 20 years, many
questions have arisen regarding the reliability of the technical data.
The Northwest Power and Conservation Council's Independent Scientific
Advisory Board, ISAB, issued a report in 2003 in which it raised
serious questions about the FPC's analyses. The ISAB said FPC's ``basic
model and methods of presentation are now inadequate to make confident
predictions for management, and other interpretations of the
accumulated data are needed.'' Clearly, I am not alone in questioning
FPC's reliability. Data cloaked in advocacy create confusion. False
science leads people to false choices. We do not have to choose dams or
salmon. They can, and should, continue to coexist.
I am confident the BPA and NPCC will work with the region, both
States and tribes, to ensure a seamless transition of functions. I
thank the chairman for allowing me to speak on this matter.
mixed oxide fuel project
Mr. GRAHAM. Mr. President, I rise today to express my concern
regarding the Mixed Oxide fuel project. This project is vital to reduce
the threat of terrorists or rogue nations obtaining nuclear weapon
materials. By resulting in the disposal of 34 metric tons--64 tons in
total--of surplus weapon-grade plutonium, enough for thousands of
nuclear weapons, the MOX program helps accomplish one of our most
important nonproliferation goals. This plutonium, once converted into
fuel for commercial nuclear power plants, is a real ``swords into
plowshares'' program.
Mr. DOMENICI. I have been a forceful advocate of the permanent
disposal of the 34 tons of excess weapons-grade plutonium from the U.S.
and Russian stockpiles. This material equals the same amount of
plutonium as contained in 8,000 warheads. This is the largest non-
proliferation effort undertaken by the U.S. and G-8 partners. In the
Fiscal Year 1999 Energy and Water bill, I included $200 million in
emergency/funding to provide the initial investment in the Plutonium
Disposition program. Excess weapons grade plutonium in Russia is a
clear and present danger. For that reason, the committee considers the
Department's material disposition program of utmost importance.
Mr. GRAHAM. Despite this importance, the Department of Energy has not
requested full funding for this project in the President's Fiscal Year
2004, Fiscal Year 2005 and Fiscal Year 2006 budget request as
originally proposed in the report to Congress entitled ``Disposition of
Surplus Defense Plutonium at Savannah River Site, February 2002.'' The
funding shortfalls will add to the existing 3-year delay caused by the
negotiations between the Russian and U.S. Governments regarding
liability for the project. However, with agreement between the U.S. and
Russia on liability, the administration has no reason not to request
full funding in next year's budget. It is vital that in the next budget
the administration proposes fully funding the MOX program at a level
that will bring this project closer to its original schedule.
Mr. DOMENICI. I agree with the Senator from South Carolina that the
administration needs to fully fund this project in fiscal year 2007 and
thereafter. Without a viable disposal solution, the cleanup of the
Hanford Site and arrangements for decreasing inventories of plutonium
at Lawrence Livermore National Laboratory and the
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Pantex Plant will cost taxpayers hundreds of millions of dollars
annually for storage and related security costs.
Mr. GRAHAM. Never hesitant to support missions in support of our
national defense, the residents of South Carolina took considerable
risk by allowing shipments of defense plutonium to be sent to the
Savannah River Site from Rocky Flats and other DOE sites in advance of
the construction of the MOX plant. In addition to supporting DOE's
efforts to consolidate plutonium and accomplish the goals of the
plutonium disposition program, this agreement greatly assisted DOE's
efforts to expeditiously close Rocky Flats, resulting in considerable
cost savings for DOE.
In a sign of good faith to the State of South Carolina, language was
negotiated between the State of South Carolina and the Federal
Government that required the Department of Energy to convert one metric
ton of defense plutonium into fuel for commercial nuclear reactors by
2011 or face penalties of $1 million per day up to $100 million per
year until the plutonium is either converted into the fuel or removed
from the State. It has never been the intention of South Carolina to
receive penalty payments; the residents of the State simply sought
reassurances that weapons-grade plutonium would not remain at SRS
indefinitely. South Carolina would not have accepted plutonium without
this statute. However, until the plant is operational, it is critical
to maintain the protections provided in Section 4306 of the Atomic
Energy Defense Act, 50 USC 2566. This is the reassurance the Federal
Government gives to South Carolina that it is DOE's intention to see
this project through.
Mr. DOMENICI. I recognize the importance of that language. The
appropriations bill includes a 3-year delay in the penalty payment
language to reflect the delays caused by the Russians in negotiating a
liability agreement. This delay does not allow DOE to withdraw support
for the program. Any effort to eliminate funding for this project will
likely foreclose a disposal pathway for plutonium stored at Savannah
River causing the Department to pay the State of South Carolina up to
$100,000,000 per year in fines starting in 2014.
Mr. GRAHAM. It is also my intention to make a technical correction,
in the future, to language contained in the conference report to the
Fiscal Year 2006 Energy and Water Appropriations Act. This conference
report contains a change to important authorizing language that would
make these penalty payments ``subject to the availability of
appropriations.'' I appreciate the willingness of the Senator from New
Mexico to see that this is resolved.
Mr. DOMENICI. I understand the concerns of the Senator from South
Carolina. I will work with the Senator to find a fair solution that
does not impact existing Department of Energy programs, and in the
event that the Department is unable to meet the statutory requirements
for the Mixed Oxide Fuel Conversion facility, the solution ensures that
South Carolina does not become the permanent storage site for defense
plutonium.
Mr. GRAHAM. I thank the Senator from New Mexico and look forward to
working with him to continue to fully support the construction and
operation of the MOX facility.
Clarification on Funds
Mr. DORGAN. I would like to ask the Senator from Nevada, Mr. Reid,
for clarification on funding that was included in the fiscal year 2006
Energy and Water appropriations conference report. Under the fossil
energy research and development section, the report provided $6,000,000
for the Energy and Environmental Research Center for cooperative
research and development. Was it not the intent of the conference
committee that the funding identified for the Energy and Environmental
Research Center be split with their partners in the fossil fuel
research, the Western Research Institute, WRI, in Wyoming?
Mr. REID. That is correct.
Mr. DORGAN. Was it also the case that the $1,000,000 in funding for
the Energy and Environmental Research Center under the fuels & powers
account was meant to be exclusively for the Energy and Environmental
Research Center in North Dakota as described in the report?
Mr. REID. That is correct.
Mr. DORGAN. I thank the Senator from Nevada.
Department of Energy National User Facilities
Ms. CLINTON. First, I want to compliment the chairman and ranking
member of the Energy and Water Subcommittee for their hard and
successful work in leading the development of the Energy and Water bill
that is before the body today. I know it is especially difficult to
fund all of the important programs under the jurisdiction of this
subcommittee, particularly in light of the significant needs of the
Army Corps of Engineers to respond to the calamitous impact of
Hurricane Katrina on the lives of so many Americans.
However, it seems to me that the funding pressures faced by the
subcommittee resulted in the programs of the Office of Science being
funded at a level significantly below the value of these programs to
the future security and economic health of the Nation.
When the Senate passed the Energy and Water Appropriations bill, an
appropriation of $419,741,000 was included for the Department of
Energy's nuclear physics program, an increase of $49 million over the
President's budget request, according to the Committee on
Appropriations' report, to ensure full utilization of experimental
facilities. The House-passed bill included an amount of $408,341,000,
also including adequate funds to restore operation time of the
facilities in the nuclear physics program.
The conference report accompanying the bill before the Senate
provides $370,741,000, the amount of the President's budget request.
Due to severe budget constraints, the conferees were unable to retain
the increases provided in the House and Senate bills for national user
facilities, including the increase for the Relativistic Heavy Ion
Collider, RHIC, at the Brookhaven National Laboratory in New York and
the Jefferson Laboratory in Virginia. I understand the allocation for
the conference bill reduced the total amount available. I also
understand the Senate-passed bill was about $1.5 billion above the
House bill and that the conference bill allocation provided for a split
of that additional amount leaving an increase of $750 million over the
House-passed bill. I further understand that the vast majority of the
$750 million in new funding was provided to the Army Corps of Engineers
for flood control and navigation projects in the wake of Hurricanes
Katrina, Ophelia, Wilma and others. Under the circumstances, this was a
wise investment of our Nation's resources.
However, an unintended consequence of these cutbacks is a negative
impact on the Brookhaven National Laboratory in my State of New York,
where the Relativistic Heavy Ion Collider, known as RHIC, is a key
nuclear physics facility with many user groups in our region and
elsewhere. I am told that this amazing major facility will be severely
impacted by the amount approved by the conference agreement for nuclear
physics. We had urged the Committee to approve additional funds above
the President's budget request to ensure the continued operations of
this facility at last year's level. The budget request was inadequate
to begin with, principally because of the increased power costs that
have occurred in our area to operate the facility for experiments for
approximately 30 weeks operating time. Unfortunately, the situation
with the power costs has worsened.
Mr. WARNER. We are facing similar problems at the Jefferson
Laboratory in Virginia. As the chairman knows, the Jefferson Lab in
Newport News, VA, is one of our basic research labs that would be
negatively impacted by this funding level.
Specifically, as a result of this cut the Jefferson Lab will have to
reduce the physics output of this world-leading laboratory by 25
percent. Just last month the National Academy of Sciences issued a
report titled ``Rising Above the Gathering Storm.'' That report
underscored that the Nation's economic health is seriously at risk
without a sustained investment in science. The report noted that in
Germany, 36 percent of undergraduates receive their degrees in science
and engineering. In China the figure is 59 percent, and in Japan 66
percent. In the United States the corresponding figure is 32 percent.
[[Page S12746]]
It seems to me that this is a time when the Nation needs to invest in
science, not cut science programs. At the Jefferson Lab we need to
invest in the 12GeV upgrade necessary to sustain the pace of scientific
discovery, not cut programs.
Mr. SCHUMER. My understanding is that the conference amount for
nuclear physics may not provide sufficient funds for the RHIC facility.
Because of the increased power costs and other factors, I am advised
that without an increase in funding it is possible that there will not
be any experimental operations in this fiscal year. I think we can all
agree that is a bad and unintended outcome.
Mr. ALLEN. Mr. Chairman, you and Senator Reid, the ranking member,
have long been strong supporters of our national labs and specifically
the work done at the Jefferson Lab and Brookhaven National Lab. The
questions that we collectively pose relate to how we can repair the
unintended damage done by this funding level. It is my understanding
that the actual bill only provides funding for the Office of Science
and that the Department has wide discretion to reallocate those funds
among the various programs. Does the Department of Energy have the
flexibility and authority to move funds around or to reprogram funding
to help to alleviate situations such as this?
Mr. DOMENICI. The Department does, indeed, have broad reprogramming
authority.
Mrs. CLINTON. I understand that these reallocations or reprogramming
usually require approval by the subcommittee. Will both the chairman
and ranking member join us, in writing, in an effort to urge the
Department to reprogram funds to ensure reasonable operating times for
these vital national user facilities during fiscal year 2006?
Mr. DOMENICI. Thank you for highlighting this matter. Senator Reid
and I agree that the programs of the Office of Science, including
nuclear physics, merit appropriate consideration for additional funding
under the circumstances. I appreciate the efforts of the Senators to
provide examples of the impacts on one of our basic research
laboratories of the funding levels provided by this conference
agreement. I pledge my efforts to work with the Department and other
Congressional leaders to help resolve this issue.
Mr. REID. I also pledge to work with the Department and affected
Members of this body to reach an acceptable outcome.
auburn dam
Mrs. FEINSTEIN. Mr. President, I rise to address a provision in the
Energy and Water appropriations conference report, which requires the
Bureau of Reclamation to produce a special report analyzing costs and
benefits associated with constructing an Auburn Dam.
As part of that report, I believe it is critical that the Secretary
of the Interior should utilize the expertise of U.S. Geological Survey
to produce an up-to-date assessment of the seismic hazards associated
with Auburn Dam.
I would also like to make it clear that this Auburn study cannot
become a distraction from the vital work that needs to be done right
away to protect Sacramento from a tragic flood.
I am deeply concerned with the lack of adequate flood protection for
Sacramento. Sacramento is the only major United States city without
100-year flood protection.
The Army Corps of Engineers has reviewed six other major flood-prone
cities: New Orleans, St. Louis, Dallas, Kansas City, Omaha, and Tacoma.
All of these cities have at least 200-year flood protection.
Our top priority has to be to quickly shore up levees and improve
Folsom Dam to protect Sacramento from a 200-year flood. Until this is
complete, 300,000 people are at risk from catastrophic flood.
With respect to the conference provision, there are other issues
involved with Auburn Dam, such as who would pay for the project, and
the potential environmental effects of flooding 50 miles of the
American River. But today I would like to focus on the seismic risk
issue.
This is not the first time that building an Auburn Dam has been
proposed. In the late 1960s construction began on an Auburn Dam.
Construction continued, and $200 million was spent, until 1975, when an
earthquake occurred nearby on a previously unknown fault. This
earthquake forced a reexamination of the risks involved.
According to a 1980 Bureau of Reclamation report, if an earthquake
caused the Auburn Dam to fail, Folsom Dam would be overtopped by a
water surge only minutes later.
Most of the Sacramento area, an area inhabited by 750,000 people,
would be flooded in a matter of hours, making evacuation difficult.
Floodwater would be fast-moving and as deep as 40 feet, destroying
houses and lowering chances of rooftop survival.
The risk of earthquake and its effects, which stopped construction
back then, has not gone away. That's why it is so critical that
Congress know what the risks are, and take this into consideration when
deciding whether to go forward with this dam.
It has now been 30 years since work at the proposed site was halted,
and as a result, the seismic risk assessments are out-of-date.
The most recent comprehensive study of seismic hazard issues
associated with the dam project was produced by the U.S. Geological
Survey in 1996, nearly 10 years ago. Even when this report was written,
the science of seismic hazard assessment had already progressed
considerably since most of the data on the dam project were collected
in the 1970s.
The report called for additional study and analysis, much of which
was never undertaken. This need for study and analysis still exists.
The Auburn Dam, if constructed, would sit on part of the Foothills
fault system. The faults in the area of the proposed dam site are
currently considered inactive, but were active in the past. The U.S.
Geological Survey should use the best science available to evaluate
past earthquakes, as well as the potential for future earthquakes, in
the vicinity of the proposed dam.
One potential risk comes from a ``reservoir triggered earthquake.''
Filling a reservoir is well-established as a potential trigger for
seismic activity. Even inactive faults may experience seismic events
after reservoirs are built on top of them.
The weight and pressure of the water in the reservoir increases
stress and weakens the effective strength of the rock. Water seeps into
fissures and pores in the rock, and may lubricate faults, allowing
movement even in some cases where friction would have held dry rock in
place.
It has been suggested that the Oroville earthquake, a Richter scale
magnitude 5.8 earthquake that occurred in 1975, may have been caused by
filling the reservoir behind the Oroville Dam. The Auburn Dam, if
constructed, would be built along the same fault system as the Oroville
Dam.
Many other instances of these ``reservoir triggered earthquakes''
have been studied around the world. Recent global reviews list nearly
100 sites where filling reservoirs may have triggered seismic activity.
These studies show that the increased risk of earthquakes may last
for years after a reservoir is filled. Both flood-control-only and
permanent-waterstorage dams entail some risk.
The 1996 U.S. Geological Survey report for Auburn took this
possibility very seriously. The report devoted a lengthy section to its
consideration, and called for additional study.
The new report must address this issue. This is essential information
that will influence Congress's decision on whether to proceed beyond
preliminary feasibility studies. Do my colleagues agree?
Mr. DOMENICI. I understand the 1996 U.S. Geological Survey report
called for a reevaluation of the dam design based on seismic data. A
reevaluation should be performed using the best available science and
the U.S. Geological Survey should produce an analysis integrating new
data.
Mr. REID. I also concur. The potential consequences in this region
are enormous. In California, assessing earthquake risks for a major
project like this is an important part of the process. Concern about
the possibility of earthquakes contributed to putting the project on
hold in the first place. This concern remains important and should be
addressed before deciding whether to proceed. The best way to do this
is for the U.S. Geological Survey
[[Page S12747]]
to produce an updated analysis on the risks involved.
Mrs. FEINSTEIN. I thank my colleagues.
Lake Sakakawea Recreation Upgrades
Mr. DORGAN. Mr. President, I would like to commend the Senator from
New Mexico, Mr. Domenici, and the Senator from Nevada, Mr. Reid, for
their work in completing the fiscal year 2006 Energy and Water
appropriations bill and conference report. I am aware of the very
difficult choices they had to make in order to fall within their tight
spending allocation. I appreciate their leadership on this important
piece of legislation.
If I could, I would like to ask the Senator from Nevada a question
regarding an activity at Lake Sakakawea, a Federal lake in North Dakota
operated by the Army Corps of Engineers. For the past couple of years,
Congress has asked the Corps of Engineers to extend docks and boat
ramps around Lake Sakakawea as a result of the low lake levels.
Is it not the expectation of the conference committee that the Army
Corps of Engineers continue its work on these recreation upgrades
within the Corps' fiscal year 2006 operation and maintenance budget for
Lake Sakakawea?
Mr. REID. It is true that while we were unable to provide funding
above the President's request for this activity, the intent of the
conference committee was that this activity would continue within its
regular operation and maintenance allocation.
Mr. DORGAN. I thank the Senator from Nevada, and I yield the floor.
(At the request of Mr. REID, the following statement was ordered to
be printed in the Record.)
FutureGen Funding
Mr. BYRD. Senator Reid, I want to thank you for your support
and assistance in shepherding this conference report to this point
today. I plan to support this bill, but I have a specific point of
clarification that I would like to discuss with you regarding the
provisions related to the fiscal year 2006 FutureGen funding.
I have not opposed the FutureGen program and have supported the
administration's requests for this project over the last 3 years.
However, I have and will continue to raise concerns about how this
administration is going to fund the FutureGen program when it has not
been able to provide adequate and sustained funding for core key fossil
research and development programs. This situation appears only more
ominous as our budgetary constraints worsen by the year and, adding to
that, are new energy programs that were authorized in the Energy Policy
Act of 2005 which will further heighten and constrain funding
pressures.
The fiscal year 2006 Energy and Water Conference Report provides the
$18 million for FutureGen that the administration has requested.
However, even larger funding requests are going to be required if this
initiative is to move forward according to its schedule. It is my
understanding that the Congress has deferred $237 million of clean coal
technology funding until fiscal year 2007 and will give full
consideration to the administration's funding requests for the
FutureGen initiative utilizing these funds. Would it be your
expectation that the Congress will only consider the administration's
FutureGen requests from the deferred amount contingent upon the
administration providing full funding requests for the clean coal and
other fossil energy research, development, and demonstration programs,
especially the Clean Coal Power Initiative that was woefully
underfunded in fiscal year 2006?
Mr. REID. Senator, that would be my understanding and expectation.
Mr. BYRD. I thank the Senator for that clarification. When there are
so many other unmet fossil energy funding needs, as I have and will
continue to reiterate, I cannot and will not support such a transfer
from deferred funds, in whole or in part, to the FutureGen initiative
until all other critical fossil energy programs are fully funded to the
satisfaction of the Appropriations Committee in fiscal year 2007 and
future years. I will certainly consider new moneys requested in the
administration's budget request, but I will first prioritize other key
fossil energy programs and other needs as a priority above the
FutureGen program from deferred funds. This administration has been
playing shell games with FutureGen. They have been attempting to rob
Peter to pay Paul which is simply masking the underlying problem of
continued inadequate funding commitments for other core fossil energy
programs.
Would it also be the Senator's understanding that other fossil energy
programs have equal, if not greater, funding needs and that there is no
guarantee that any portion of the $237 million in the deferred clean
coal technology fund will be transferred to the FutureGen program in
fiscal year 2007 or future years. Should the administration or other
interested parties expect that the deferred amount will be set aside,
in whole or in part, for FutureGen in fiscal year 2007 or beyond?
Mr. REID. Senator, I agree that the administration needs to provide
more adequate funding to the fossil energy research, development, and
demonstration accounts. I also agree with you that there should be no
assumption by the administration, Members of Congress, State
governments, or any other parties that there is a guarantee that any
funding, including the administration's future budget request for
FutureGen will be provided by the Congress, given the austere budget
environment that we are in. It is my understanding that $237 million is
deferred and is available in fiscal year 2007 and beyond for a number
of pressing fossil energy funding needs. The FutureGen program will
only be given consideration for such deferred amounts if and only if
all other critical fossil energy programs are fully funded, especially
the Clean Coal Power Initiative.
Mr. REED. Mr. President, the second storm surge from Hurricanes
Katrina and Rita--high energy prices--threatens to overwhelm working
families and senior citizens. The Energy Information Administration
forecasted that households heating with natural gas will spend $306, or
41 percent, more for fuel this winter than last winter; households
primarily using heating oil can expect to pay $325, or 27 percent,
more; and households heating primarily with propane can expect to pay
$230, or 21 percent, more.
Low-income families and seniors need assistance from the Federal
Government in order to guarantee energy security in this high price
environment. To provide immediate help this winter, I am working with
Senator Collins to secure $5.1 billion in funding for the Low-Income
Home Energy Assistance Program. Over the last 4 weeks, we have offered
two amendments to increase funding for LIHEAP. While a majority of the
Senate supported these amendments, we have been unable to reach the
required 60 vote supermajority needed to waive the budget point of
order on emergency spending.
Oil companies reported record profits for the third quarter of this
year. As oil prices go up, low-income hard working Americans struggle
to pay their heating bills. That is why fully funding LIHEAP is vital,
and I believe oil companies should help shoulder the cost through a
temporary, one-year windfall profit tax on integrated oil companies.
The President also has been silent, failing to ask for any funding
for LIHEAP in the supplemental appropriations request he sent to
Congress. In addition, Energy Secretary Bodman has repeatedly stated
that the administration is against a windfall profits tax.
The Administration's National Energy Policy Report, the National
Petroleum Council's report, Balancing Natural Gas Policy, and the
National Commission on Energy Policy's report, Ending the Energy
Stalemate, emphasized that energy efficiency is essential to managing
the nation's short- and long-term energy challenges. Unfortunately,
despite all of the agreement, federal funding for energy efficiency is
not keeping pace.
In September, Senator Snowe and I wrote a bipartisan letter signed by
33 of our colleagues urging the Administration to request $500 million
for the Weatherization Assistance Program, WAP, and $100 million for
the State Energy Program, SEP, in the wake of Hurricanes Katrina and
Rita. President Bush and Secretary Bodman called on the American people
to conserve energy and invest in energy efficiency,
[[Page S12748]]
and the American people are responding. I am disappointed that the
administration did not seek additional funding for these key programs
in their supplemental appropriations request.
Indeed, SEP helps states implement energy efficiency and energy
emergency preparedness programs in all sectors of the economy, thereby,
reducing energy consumption for residential consumers, schools,
hospitals, the agricultural sector, commercial enterprises, and
industry. For every Federal dollar invested in SEP, over $7 is saved in
energy costs. SEP funds would immediately be directed to energy
efficiency projects to bring energy usage down. Instead of our
bipartisan request of $100 million, the Energy and Water Appropriations
Conference Report provides only $36 million for the program in FY2006.
This is almost a 20-percent cut from this year's funding level. This
cut means States will not be able to provide rebates to homeowners for
energy conservation, schools and hospitals will be ill-equipped to
reduce energy usage, and small business will not receive needed energy
efficiency upgrades. Basically, every sector of the economy will be
harmed in the midst of an energy crisis.
I hope that the Senate will provide more funding for LIHEAP, SEP, and
the weatherization program before the worst of the winter season hits.
Mr. BINGAMAN. Mr. President, today we are voting on the conference
report for the 2006 Energy and Water Development appropriations Act. On
the whole, the conference report contains many items well worth
supporting, including funding for a number of important water and
energy projects in New Mexico.
Regardless of my support for the report as a whole, I would like to
take this opportunity to express my strong concern with a provision
inserted into the legislation without any debate, and which I believe
represents a setback to sound public policy.
Section 121(b) of the bill is a very short provision addressing
endangered species issues in the Middle Rio Grande in New Mexico. It
amends an existing law enacted in Public Law 108-447 which holds that a
March 2003 biological opinion addressing water operations in the Middle
Rio Grande fully satisfies the requirements of the Endangered Species
Act, ESA. I had supported the original provision because a thorough
review of that biological opinion indicated that it was based on a
credible interpretation of the best available science and contained re-
openers that ensured the biological opinion would be amended if it
failed to meet its objectives.
Section 121(b) goes much farther and provides legal protection to any
amendments to the 2003 biological opinion. The result of section 121(b)
is that Congress will now take the unprecedented step of providing
legal protection to the environmental analysis and decisions of a
Federal agency before we know what the analysis looks like, or have a
chance to assess the impacts of any decisions. The ESA requires that
any analysis be based on, and reflect the use of, the best available
scientific and commercial data. Section 121(b) undermines that
requirement and gives the U.S. Fish & Wildlife Service a blank check in
issuing a modified opinion that can have far-reaching impacts to both
the environment and the rights of water users in the Middle Rio Grande
basin.
There are a variety of scenarios that could develop over the next
decade necessitating significant changes to the biological opinion. I
am very uncomfortable with providing the U.S. Fish and Wildlife
Service, or any Federal agency for that matter, unchecked power when it
has the potential to significantly impact the rights and interests of
so many people. Looking at the bigger picture, I am equally disturbed
that Congress, by disallowing any opportunity to challenge a Federal
agency, is now effectively casting aside the use of the best available
science as the standard by which environmental analysis and subsequent
decisions should be measured. I don't think this represents good public
policy.
Finally, over the last few years, there has been a commitment by a
diverse group of interests in the Middle Rio Grande region to cooperate
on creative approaches to address endangered species needs. The goal of
this effort is to balance the need for environmental restoration with a
recognition of the need to protect the interests of water users who are
dependent on the limited supply provided by the Rio Grande. This group,
which includes relevant Federal, State, and local entities, is capable
of developing workable solutions to any future developments that may
necessitate amendments to the 2003 biological opinion. I hope that
section 121(b), by eliminating the ability to hold the Federal agencies
to an objective standard, does not undermine the efforts of this group
or its collaboration on these issues.
Ms. CANTWELL. Mr. President, I rise today to share my views on the
conference report to accompany H.R. 2419, the Energy and Water
appropriations bill. While I support this legislation, I do have
significant reservations about certain provisions of the conference
report before the Senate today. Most significantly, I am very
disappointed with the funding level included for Hanford Site cleanup.
The Federal Government has a legal and moral obligation to cleanup
the Hanford site and its nuclear legacy. The President budget sets the
tone for the appropriations process. I was very concerned when the
President's request slashed funds by more than $290 million from last
year levels, jeopardizing compliance with cleanup milestones and
putting the health and safety of our citizens at risk.
Among the most important risk reduction projects are the cleanup and
treatment of waste stored in underground storage tanks near the
Columbia River. At the Hanford site there are 177 underground storage
tanks containing more than 53 million gallons of radioactive and toxic
waste. Sixty-seven of these tanks are known to have leaked, allowing at
least 1 million gallons of waste to seep into the soil.
Tank waste cleanup is critical to the overall effort in Hanford. I am
extremely concerned about a recent report from the Department of Energy
Inspector General that found significant problems with the
administration's plan for tank waste cleanup in the C-Tank Farm. The
audit found that the Department of Energy was overly optimistic and
failed to account for problems encountered during previous retrieval
operations.
The Department has known since January of this year, before the
presentation of the President's budget, that the scheduled C-Tank
completion date of September 2006 would likely be missed and project
costs would more than double. Falling behind on the C-Tank Farm cleanup
will jeopardize long term tank cleanup commitments.
Despite those challenges, the Department cut the tank cleanup program
by $62 million in its fiscal year 2006 request. That request forced
Congress to work within an incredibly limited budget environment to
restore at least some of the funding necessary to keep tank cleanup on
track. Fortunately, we could add $27 million in the conference report.
I remain concerned, however, that the Department has yet to publicly
acknowledge that it will miss the C-Tank Farm Tri Party Agreement
milestone, nor has it committed to adequate funding in fiscal year
2007. I urge the Department of Energy to quickly respond and propose a
new appropriate cost estimate and cleanup schedule.
In order to fully reduce risk we must have the facilities necessary
to treat the toxic and radioactive waste from Hanford tanks. The timely
construction of the vitrification plant is critical to reducing risk
and protecting our citizens. The facility was designed to treat most of
the waste removed from the 177 underground tanks before its storage at
the Hanford site or a national depository.
But in the face of design challenges, the administration's budget cut
funding for vitrification plant construction--setting it at $58 million
less than fiscal year 2005 funding levels. The Department said it
needed to reduce funding in order to address the seismic issues with
the design of the facility.
Despite both Houses of Congress supporting funding levels for the
vitrification plant at least at the President's request level, this
conference report reduces funding to $100 million below the already-low
fiscal year 2006 request. This level of funding would be $158 million
less than the fiscal year 2005 appropriations level.
Remarkably, the President has proposed a rescission of an additional
$100
[[Page S12749]]
million in previously appropriated vitrification plant construction
funds to address hurricane recovery efforts. In his letter to the
Congress, the President labeled plant construction as a lower priority
Federal program.
This cut comes at the same time that the administration has noted
that the cost of the vitrification plant has increased by at least 25
percent. And language in the underlying report estimates that the cost
of the plant may rise to $9.3 billion. Yet this administration
continues to cut funding, jeopardizing long-term cleanup milestones.
I urge the administration to drop its proposed $100 million
rescission, set forth a clear cost and schedule for the completion of
the vitrification plant, and fund the vitrification plant in a way that
does not jeopardize the health and safety of our region.
I do not support the funding levels for Hanford cleanup in this year
conference report and hope that the administration will make a clear
commitment with its fiscal year 2007 request. The Federal Government
must keep its commitment. I hope the current administration will back
its words with clear action.
Mrs. MURRAY. Mr. President, I appreciate the work that went into the
bill this year, recognizing how difficult it was given the allocation
and given the level of support by the administration. I am particularly
concerned about some specific levels within the bill, like funding for
our Nation's environmental management program within the Department of
Energy's cleanup responsibilities. Specifically, the Waste Treatment
Plant, or Vitrification Plant, at the Hanford site is one of those
nationally important projects. The Hanford site played a critical role
in support of national security efforts in World War II and the Cold
War. As a result, tens of millions of gallons of radioactive waste was
left behind. It is the obligation of the U.S. Government to clean up
that site and the Department of Energy identified the Vit Plant as the
flagship project in that cleanup effort.
Officials at DOE claim the administration is 100 percent dedicated to
the project. Actions speak louder than words. The request for this
fiscal year was $64 million below necessary funding, according to the
Department's own out-year projections. On top of that, the supplemental
package sent to Congress came with rescissions for ``lower-priority''
programs including a $100 million cut for the Vit Plant. How can
cleaning up one of the most polluted sites in our country be deemed a
lower priority? Given this lack of support from the administration, I
understand how difficult the project is to defend this year, and
understand the hesitation on the part of this subcommittee to go beyond
the official request by this White House.
And while the cuts to the funding are deep, and while I have deep
concerns about what they will mean for our Nation's commitment to
cleaning up this dangerous waste, I do concede that it could have been
worse.
I specifically thank Senator Reid and his staff for his last-minute
assistance in limiting the cuts to the Vit Plant and I thank the
chairman for being receptive. When I met with Senator Reid last week,
he shared my concern for this project, and together we were able to
fight back additional cuts.
I will continue to support the cleanup efforts at the Hanford site.
Mrs. FEINSTEIN. Mr. President, I rise today in support of the fiscal
year 2006 Energy and Water appropriations conference report.
One of the most important things about this conference report is a
program that it does not fund. The Robust Nuclear Earth Penetrator--
also known as the ``bunker buster''--is not funded in this bill. I am
proud that Congress--for the second year in a row--has stated clearly
and unambiguously that we should not spend taxpayer dollars on this
program. I hope the administration gets the message and does not
request funding for developing this new generation of nuclear weapons
next year.
This conference report includes $327 million for the National
Ignition Facility at Lawrence Livermore National Laboratory. This
funding means that construction of the National Ignition Facility, NIF,
can continue. When it is completed in a few years, the NIF will help
keep the United States nuclear weapons stockpile reliable, without
facing the dangers of underground nuclear testing. A completed NIF is a
key component of the National Nuclear Security Administration's
Stockpile Stewardship Program to maintain the safety, reliability, and
effectiveness of our Nation's nuclear stockpile. There are also many
California-specific needs met in this bill. city
I am pleased that the conference report provides $37 million for the
Federal-State partnership for California Bay-Delta Restoration, CalFed.
The CalFed reauthorization took considerable effort on the part of many
in Congress, but that effort has paid off, in this, the first
authorized CalFed appropriations in 5 years. I am grateful to Senator
Domenici and Senator Reid for providing $2 million over the President's
Budget request for this program in the Senate bill and I am pleased
that this allocation was maintained in conference with the House.
These funds will contribute to the much needed improvement of
California's water supply infrastructure and protection of aquatic
ecosystems. Among the elements of a balanced CalFed program that are in
progress are feasibility studies on the enlargement of several
reservoirs, improved water conveyance, ecosystem restoration, and water
quality projects. The improvements we make to California's water
infrastructure now will head off a supply crisis with water, similar to
the one we faced with energy a few years ago.
This conference report inc1udes funding for specific flood control
priorities in California. My State faces a number of significant flood
threats. The city of Sacramento, the surrounding areas like Marysville
and Rancho Cordova, and the Sacramento-San Joaquin Delta face some of
the greatest flood danger in the Nation. Currently, much of Sacramento
is below 100-year flood protection. This legislation allocates $39
million to improve flood control in Sacramento and provides funding to
ensure that other regional flood control projects are ready to go to
construction next year.
While the funds in this bill are a good start, I will continue to
seek additional funding to protect the Sacramento metropolitan area
from catastrophic flooding.
The conference report also includes $5 million for Upper Newport Bay
Restoration. Upper Newport Bay is the largest functioning full tidal
wetland in southern California. However, the bay's ability to sustain
wildlife is threatened due to decades of increasing sedimentation
related to rapid urbanization of the watershed. As a result, open water
areas are disappearing in the bay, tidal circulation has diminished,
and shoaling is occurring within Federal and local navigation channels
and slips. This project will restore degraded habitat and reestablish
wetland and wildlife habitat areas.
I am also pleased that the conference report includes $61.65 million,
$11.65 million above the President's Budget request, for the Santa Ana
River Mainstem Project. These funds will construct flood control
improvements to protect over 3 million people in Orange, Riverside, and
San Bernardino counties.
One issue that concerns me in this conference report is a requirement
for the Bureau of Reclamation to complete a special report to update
the analysis of costs and associated benefits of the Auburn Dam on the
American River. I am concerned that the reporting requirements do not
include an updated assessment of the risks of an earthquake, risks that
are serious enough to have caused the termination of earlier work on
the Auburn Dam in 1975.
I again want to express my congratulations to Chairman Domenici and
Senator Reid and want to thank them for the level of support given to
California in this conference report.
(At the request of Mr. Reid, the following statement was ordered to
be printed in the Record.)
Mr. BYRD. Mr. President, if the U.S. is to remain competitive
and keep pace with its growing energy demands, then we must take stock,
as a nation, of our energy security, economic growth, and environmental
protection and make these issues top national priorities. We cannot
achieve greater energy security with our continued, piece-meal efforts.
It is time to devote new innovation and ingenuity to energy policy and
blaze a path forward. We must strive to be free
[[Page S12750]]
of the chains of foreign oil. To do that, we must seriously invest in
the energy resources that we have here at home, and coal should be at
the heart of that effort.
The Energy Policy Act of 2005, which I supported and which was signed
by the President in August 2005, made many promises to the country on
energy policy. To make good on those promises, the administration must
be willing to put financial support behind these initiatives. Will this
administration do so in subsequent budget requests for the clean coal
and many other important energy programs?
The Energy Policy Act of 2005 is only a way station on a long journey
and more work remains ahead. It is a start, and I am committed to
continuing to work toward that goal. Yet I continue to be concerned
about this administration's commitment to funding fossil energy
research, especially because new clean coal and other energy programs
were authorized in the Energy bill. There is only so much blood that
one can squeeze out of a turnip. So where are we going to find the
funding for these new programs?
In related matters, H.R. 2419, the fiscal year 2006 Energy and Water
Conference Report provides sufficient funding for the fossil energy
research and development, R&D, programs for the Department of Energy,
DOE. But this effort requires a much more sustained and increased
commitment in future years if this Nation is to be successful in going
beyond an incremental approach toward new breakthroughs on the use of
fossil energy resources. In this conference report, I worked to ensure
that there was adequate funding for coal R&D at the National Energy
Technology Laboratory, the Nation's premier Fossil Energy Laboratory.
In addition to coal, other energy research investments that must not
be overlooked are within the oil and natural gas R&D programs. Oil and
natural gas provide 60 percent of America's energy needs, and demand
for both will continue to rise, resulting in significant price
increases. By 2025, U.S. reliance on fossil fuels is expected to grow
from the current 85 percent to 90 percent. But the administration's
budget proposal for oil and natural gas technology R&D for fiscal year
2006 was reduced by 75 percent from fiscal year 2005 levels. The
administration's fiscal year 2006 budget request was $20 million for
both programs. The funds were to be used to conclude the oil and
natural gas programs. The DOE's R&D spending for oil and natural gas
has consistently ranked at the bottom of the scale. If the United
States is to maintain its ability to produce its domestic supplies for
oil and natural gas at a reasonable cost to consumers, then Federal
expenditures on R&D must fill some of the void left by the private
sector, primarily independent producers.
Furthermore, how is this administration going to fund FutureGen when
it has not been able to provide adequate and sustained funding for
other fossil energy programs? The fiscal year 2006 Energy and Water
Conference Report provides the $18 million for FutureGen that the
administration has requested. However, even larger funding requests are
going to be required if this initiative is to move forward according to
its schedule. I stand behind the agreement reached in the conference
report, but the Congress will consider its FutureGen requests
contingent upon the Administration maintaining adequate funding for
other clean coal and fossil energy programs.
When there are so many other unmet fossil energy funding needs, I
cannot and will not support the transfer of monies from the clean coal
technology account to a FutureGen account. In fiscal year 2007 and
beyond, I will not support the transfer of any moneys, in whole or in
part, to the FutureGen initiative that are not a part of the
administration's request unless and until other critical fossil energy
programs are fully funded. This is simply robbing Peter to pay Paul and
masks the underlying problem of continued inadequate funding
commitments for the fossil energy programs by this administration.
There are other fossil energy programs that have equal, if not greater,
funding needs.
Additionally, the Clean Coal Power Initiative, CCPI, is a program
that was initiated in 2001, to demonstrate the economically and
environmentally acceptable use of coal. The CCPI was the successor to
the long and successful Clean Coal Technology Program that I initiated
in 1985. The CCPI program, if pursued, will continue to lead to the
successful development of a set of coal-based technologies that will be
cost effective and highly efficient and achieve greater control of air
and water emissions compared to currently available technology.
President Bush committed to funding the CCPI program during his first
campaign speech made in West Virginia in 2000. The President pledged to
provide $2 billion over 10 years for this program, yet the
administration's budget requests have not met that goal. Over a period
of 5 years, the President has requested a total of approximately $530
million, including only $50 million this year. This is barely more than
half of the funding pledged to the program. A great deal more funding
will be required in fiscal year 2007 and beyond if the program is to
remain on a schedule consistent with the President's commitment.
The DOE is in the practice of issuing a solicitation every other year
and has done so twice to date. This practice has been required in order
to collect enough appropriations for a single solicitation. While I am
fully aware of the fiscal limits we currently face and the immense
pressure on the budget, it is crucial that the CCPI reach the necessary
funding level in order to initiate a solicitation in fiscal year 2007.
The fiscal year 2007 CCPI budget request must be substantially higher
than the fiscal year 2006 request in order to maintain a schedule of
solicitations every second year, and I strongly encourage the
administration to submit a request in an amount sufficient to initiate
a third CCPI solicitation in fiscal year 2007.
Finally, the Office of Fossil Energy has been lacking in leadership
for far too long. There remains a strong team in place, along with a
new director, at the National Energy Technology Laboratory, but that
must be matched with a strong Fossil Energy Assistant Secretary. This
position has now been vacant for at least 20 months. This post should
be filled by someone who can bring strong technical, policy, and
managerial experience and who can work well with a variety of
constituencies.
In conclusion, I would like to thank Senators Domenici and Reid for
their leadership and assistance on this conference report. I would also
like to thank Senator Domenici's staff Scott O'Malia, Roger Cockrell,
and Emily Brunini as well as Senator Reid's staff, Drew Willison and
Nancy Olkewicz for their hard work. This is the first year that fossil
energy R&D programs were included in the Energy and Water
Appropriations bill. This is a good conference report given the very
tough fiscal circumstances that we faced. I have urged Senators
Domenici and Reid to give greater oversight and scrutiny to the
administration's fossil energy requests and look forward to working
with them on this important matter next year. Because our Nation's
energy security is so important, the fossil energy R&D programs,
especially the clean coal programs, require strong support. I will
remain ever watchful and strongly supportive of them in the coming
years.
Mr. DOMENICI. I yield back the remainder of my time.
The PRESIDING OFFICER. The Senator from New Mexico yields back the
remainder of his time.
Mr. DOMENICI. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
Apparently there is.
The question is on agreeing to the conference report. The clerk will
call the roll.
The legislative clerk called the roll.
Mr. McCONNELL. The following Senators were necessarily absent: the
Senator from Montana (Mr. Burns), the Senator from North Carolina (Mr.
Burr), the Senator from Texas (Mr. Cornyn), the Senator from Arizona
(Mr. McCain), and the Senator from Alaska (Ms. Murkowski).
Further, if present and voting, the Senator from Texas (Mr. Cornyn)
and the Senator from Montana (Mr. Burns) would have voted ``yes.''
Mr. DURBIN. I announce that the Senator from Indiana (Mr. Bayh), the
Senator from Delaware (Mr. Biden), the Senator from California (Mrs.
[[Page S12751]]
Boxer), the Senator from West Virginia (Mr. Byrd), the Senator from New
York (Mrs. Clinton), the Senator from New Jersey (Mr. Corzine), and the
Senator from Massachusetts (Mr. Kennedy) are necessarily absent.
The PRESIDING OFFICER (Mr. Sununu). Are there any other Senators in
the Chamber desiring to vote?
The result was announced--yeas 84, nays 4, as follows:
[Rollcall Vote No. 321 Leg.]
YEAS--84
Akaka
Alexander
Allard
Allen
Baucus
Bennett
Bingaman
Bond
Brownback
Bunning
Cantwell
Carper
Chafee
Chambliss
Cochran
Coleman
Collins
Conrad
Craig
Crapo
Dayton
DeMint
DeWine
Dodd
Dole
Domenici
Dorgan
Durbin
Ensign
Enzi
Feinstein
Frist
Graham
Grassley
Gregg
Hagel
Harkin
Hatch
Hutchison
Inhofe
Inouye
Isakson
Jeffords
Johnson
Kerry
Kohl
Kyl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lincoln
Lott
Lugar
Martinez
McConnell
Mikulski
Murray
Nelson (FL)
Nelson (NE)
Obama
Pryor
Reed
Reid
Roberts
Rockefeller
Salazar
Santorum
Sarbanes
Sessions
Shelby
Smith
Snowe
Specter
Stabenow
Stevens
Talent
Thomas
Thune
Vitter
Voinovich
Warner
Wyden
NAYS--4
Coburn
Feingold
Schumer
Sununu
NOT VOTING--12
Bayh
Biden
Boxer
Burns
Burr
Byrd
Clinton
Cornyn
Corzine
Kennedy
McCain
Murkowski
The conference report was agreed to.
Mr. DOMENICI. Mr. President, I move to reconsider the vote.
Mr. LEVIN. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
____________________