[Congressional Record (Bound Edition), Volume 145 (1999), Part 21]
[Senate]
[Page 31195]
[From the U.S. Government Publishing Office, www.gpo.gov]



 AMENDMENT TO THE PACIFIC ELECTRIC POWER PLANNING AND CONSERVATION ACT

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AMENDMENT TO THE ACT THAT ESTABLISHED THE KEWEENAW NATIONAL HISTORICAL 
                                  PARK

  Mr. LOTT. Mr. President, I ask unanimous consent that the Energy 
Committee be discharged from further consideration of S. 1937, and H.R. 
748, and the Senate then proceed to their immediate consideration en 
bloc.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the bills by title.
  The legislative clerk read as follows:

       A bill (S. 1937) to amend the Pacific Northwest Electric 
     Power Planning and Conservation Act to provide for sales of 
     electricity by the Bonneville Power Administration to joint 
     operating entities.
       A bill (H.R. 748) to amend the Act that established the 
     Keweenaw National Historical Park to require the Secretary of 
     the Interior to consider nominees of various local interests 
     in appointing members of the Keweenaw National Historical 
     Parks Advisory Commission.

  There being no objection, the Senate proceeded to consider the bills.
  Mr. LEVIN. Mr. President, I am very pleased that the Senate is about 
to approve H.R. 748, legislation to repair a constitutional defect in 
the way the advisory commission was structured in the Act which 
established the Keweenaw National Historical Park. The Act instructed 
the Secretary of the Interior to select an Advisory Commission from a 
list of nominees provided by state and local officials. The Justice 
Department has taken the position that this provision violates the 
Appointments Clause of the Constitution (Article II, Section 2).
  Mr. President, I have worked hard to pass this legislation in the 
Senate which has already passed the House of Representatives. With the 
President's signature, this legislation can now become law, relieving 
the uncertainty and ambiguity relative to the commission which has 
lasted too long by permitting the appointment of the advisory 
commission to move forward. This will greatly assist in my efforts and 
those of the many supporters and admirers of this beautiful and 
historic park.
  Along with the money being appropriated today for the park, we are 
giving a major boost to the preservation of this significant part of 
Michigan's and America's history.
  Mr. LOTT. Mr. President, I ask unanimous consent that the bills be 
read a third time, passed, the motions to reconsider be laid upon the 
table, and any statements relating to the bills be printed in the 
Record with the above occurring en bloc.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 1937) was read the third time and passed, as follows:

                                S. 1937

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,
       Section 1. Section 5(b) of the Pacific Northwest Electric 
     Power Planning and Conservation Act (16 U.S.C. 839c(b)) is 
     amended by adding at the end the following:
       ``(7) Required sale.--
       ``(A) Definition of a joint operating entity.--In this 
     section, the term `joint operating entity' means an entity 
     that is lawfully organized under State law as a public body 
     or cooperative prior to the date of enactment of this 
     paragraph, and is formed by and whose members or participants 
     are two or more public bodies or cooperatives, each of which 
     was a customer of the Bonneville Power Administration on or 
     before January 1, 1999.
       ``(B) Sale.--Pursuant to paragraph (1), the Administrator 
     shall sell, at wholesale to a joint operating entity, 
     electric power solely for the purpose of meeting the regional 
     firm power consumer loads of regional public bodies and 
     cooperatives that are members of or participants in the joint 
     operating entity.
       ``(C) No resale.--A public body or cooperative to which a 
     joint operating entity sells electric power under 
     subparagraph (B) shall not resell that power except to retail 
     customers of the public body or cooperative or to another 
     regional member or participant of the same joint operating 
     entity, or except as otherwise permitted by law.''.

  Mr. LOTT. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. DASCHLE. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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