[Congressional Record (Bound Edition), Volume 147 (2001), Part 10]
[Senate]
[Pages 13456-13459]
[From the U.S. Government Publishing Office, www.gpo.gov]



                           TEXT OF AMENDMENTS

  SA 981.  Mr. JOHNSON submitted an amendment intended to be proposed 
by him to the bill H.R. 2311, making appropriations for energy and 
water development for the fiscal year ending September 30, 2002, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 2, line 18, after ``expended'' insert ``, of which 
     $2,000,000 shall be made available to the James River Water 
     Development District, South Dakota, for completion of an 
     environmental impact statement for the channel restoration 
     and improvement project authorized by section 401(b) of the 
     Water Resources Development Act of 1986 (100 Stat. 4128)''.
                                  ____

  SA 982. Mr. JOHNSON submitted an amendment intended to be proposed by 
him to the bill H.R. 2311, making appropriations for energy and water 
development for the fiscal year ending September 30, 2002, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 13, line 7, after ``expended,'', insert the 
     following: ``of which $16,500,000 shall be available for the 
     Mid-Dakota Rural Water Project;''.
                                  ____

  SA 983. Mr. SARBANES submitted an amendment intended to be proposed 
by him to the bill H.R. 2311, making appropriations for energy and 
water development for the fiscal year ending September 30, 2002, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 2, line 18, before the period, insert the 
     following: ``, Provided, that using $100,000 of the funds 
     provided herein for the States of Maryland, Virginia, 
     Pennsylvania and the District of Columbia, the Secretary of 
     the Army, acting through the Chief of Engineers, is directed 
     to conduct a Chesapeake Bay shoreline erosion study, 
     including an examination of management measures that could be 
     undertaken to address the sediments behind the dams on the 
     lower Susquehanna River.''
                                  ____

  SA 984. Mr. DORGAN submitted an amendment intended to be proposed by 
him to the bill H.R. 2311, making appropriations for energy and water 
development for the fiscal year ending September 30, 2002, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 28, before the period on line 10, insert the 
     following: ``Provided further, within the amount herein 
     appropriated, Western Area Power Administration is directed 
     to conduct a technical analysis of the costs and feasibility 
     of transmission expansion methods and technologies. WAPA 
     shall publish a study by July 31, 2002 that contains 
     recommendations of the most cost-effective methods and 
     technologies to enhance electricity transmission from lignite 
     and wind energy: Provided further, That these funds shall be 
     non-reimbursable: Provided further, That these funds shall be 
     available until expended.''
                                  ____

  SA 985. Mr. HUTCHINSON submitted an amendment intended to be proposed 
by him to the bill H.R. 2311, making appropriations for energy and 
water development for the fiscal year ending September 30, 2002, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 3, line 3, after ``expended,'', insert the 
     following: ``of which not less than $50,000 shall be used to 
     carry out small flood control projects under section 205 of 
     the Flood Control Act of 1948 (33 U.S.C. 701s) for Bono, 
     Arkansas;''.
                                  ____

  SA 986. Mr. STEVENS submitted an amendment intended to be proposed by 
him to the bill H.R. 2311, making appropriations for energy and water 
development for the fiscal year ending September 30, 2002, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place insert the following:

     SEC.  . NOME HARBOR TECHNICAL CORRECTIONS.

       Section 101(a)(1) of Public Law 106-53 (the Water Resources 
     Development Act of 1999) is amended by--
       (A) striking ``$25,651,000'' and inserting in its place 
     ``$39,000,000''; and
       (B) striking ``$20,192,000'' and inserting in its place 
     ``$33,541,000''.
                                  ____

  SA 987. Ms. STABENOW (for herself, Mr. Fitzgerald, Mr. Levin, Mr. 
Durbin, Mr. Dayton, Mr. Feingold, Mr. Schumer, Mr. Kohl, Mr. Wellstone, 
Mrs. Clinton, Mr. Bayh, and Mr. Voinovich) proposed an amendment to the 
bill H.R. 2311, making appropriations for energy and water development 
for the fiscal year ending September 30, 2002, and for other purposes, 
as follows:

       On page 2, line 18, before the period, insert the 
     following: ``, of which such sums as are necessary shall be 
     used by the Secretary of the Army to conduct and submit to 
     Congress

[[Page 13457]]

     a study that examines the known and potential environmental 
     effects of oil and gas drilling activity in the Great Lakes 
     (including effects on the shorelines and water of the Great 
     Lakes): Provided, That during the fiscal year for which this 
     Act makes funds available and during each subsequent fiscal 
     year, no Federal or State permit or lease shall be issued for 
     oil and gas slant, directional, or offshore drilling in or 
     under 1 or more of the Great Lakes (including in or under any 
     river flowing into or out of the lake)''.
                                  ____

  SA 988. Mr. GRAHAM submitted an amendment intended to be proposed by 
him to the bill H.R. 2311, making appropriations for energy and water 
development for the fiscal year ending September 30, 2002, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 8, line 7, before the colon, insert the following: 
     ``, and of which not more than $6,173,000 shall be made 
     available for the Apalachicola, Chattahoochee, and Flint 
     Rivers, Georgia, Florida, and Alabama (of which none of the 
     funds shall be used for dredging in the State of Florida)''.
                                  ____

  SA 989. Mr. GRAHAM submitted an amendment intended to be proposed by 
him to the bill H.R. 2311, making appropriations for energy and water 
development for the fiscal year ending September 30, 2002, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 8, line 24, before the period, insert the 
     following: ``: Provided further, That the amounts made 
     available under this heading for the Apalachicola, 
     Chattahoochee, and Flint Rivers, Georgia, Florida, and 
     Alabama (other than amounts made available for specific 
     hydrologic reconnections and slough restorations), shall be 
     expended only for activities at or north of the Jim Woodruff 
     Lock and Dam''.
                                  ____

  SA 990. Mr. GRAHAM submitted an amendment intended to be proposed by 
him to the bill H.R. 2311, making appropriations for energy and water 
development for the fiscal year ending September 30, 2002, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 11, between lines 16 and 17, insert the following:

     SEC.   . HABITAT OF ENDANGERED AND THREATENED SPECIES OR 
                   SPORTFISH.

       None of the funds made available by this Act may be used to 
     disrupt the critical habitat of endangered species or 
     threatened species (as those terms are defined in section 3 
     of the Endangered Species Act of 1973 (16 U.S.C. 1532)) or 
     the habitat of sportfish.
                                  ____

  SA 991. Mr. GRAHAM submitted an amendment intended to the proposed by 
him to the bill H.R. 2311, making appropriations for energy and water 
development for the fiscal year ending September 30, 2002, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 11, between lines 16 and 17, insert the following:

     SEC.  . DEPOSIT OF DREDGED MATERIAL ON WETLAND.

       None of the funds made available by this Act may be used to 
     deposit dredged material on wetland subject to a permit 
     issued under section 404 of the Federal Water Pollution 
     Control Act (33 U.S.C. 1344).
                                  ____

  SA 992. Mr. GRAHAM submitted an amendment intended to be proposed by 
him to the bill H.R. 2311, making appropriations for energy and water 
development for the fiscal year ending September 30, 2002, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 7, line 25, strike ``$1,833,263,000'' and insert 
     ``$1,633,263,000''.
       On page 8, line 7, before the colon, insert the following: 
     ``, and of which not more than $6,173,000 shall be made 
     available for the Apalachicola, Chattahoochee, and Flint 
     Rivers, Georgia, Florida, and Alabama (of which none of the 
     funds shall be used for dredging in the State of Florida)''.
                                  ____

  SA 993.  Mr. REED submitted an amendment intended to be proposed by 
him to the bill H.R. 2311, making appropriations for energy and water 
development for the fiscal year ending September 3, 2002, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 8, at the end of line 24, before the period, 
     insert: ``: Provided further, That $500,000 of the funds 
     appropriated herein shall be available for the conduct of 
     activities related to the selection, by the Secretary of the 
     Army in cooperation with the Environmental Protection Agency, 
     of a permanent disposal site for environmentally sound 
     dredged material from navigational dredging projects in the 
     State of Rhode Island.''
                                  ____

  SA 994. Mr. SMITH of New Hampshire submitted an amendment intended to 
be proposed by him to the bill H.R. 2311, making appropriations for 
energy and water development for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 3, after line 24, add the following:
       ``Project at the University of New Hampshire authorized 
     under section 8(b) of the Water Resources Development Act of 
     1988 (33 U.S.C. 2314(b)), $1,000,000:''.
                                  ____

  SA 995. Mr. SMITH of New Hampshire submitted an amendment intended to 
be proposed by him to the bill H.R. 2311, making appropriations for 
energy and water development for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table: as 
follows:

       On page 2, line 18, before the period, insert the 
     following: ``, of which not less than $300,000 shall be used 
     for study and design of the project at Seabrook Harbor, New 
     Hampshire, under the Act of August 13, 1946 (33 U.S.C. 426e 
     et seq.)''.
                                  ____

  SA 996. Mr. SMITH of New Hampshire submitted an amendment intended to 
be proposed by him to the bill H.R. 2311, making appropriations for 
energy and water development for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table: as 
follows:

       On page 8, line 7, before the colon, insert the following: 
     ``, and of which not less than $400,000 shall be used to 
     carry our maintenance dredging of the Sagamore Creek Channel, 
     New Hampshire''.
                                  ____

  SA 997. Mr. CONRAD (for himself, Mr. Dorgan, and Mr. Baucus) 
submitted an amendment intended to be proposed by him to the bill H.R. 
2311, making appropriations for energy and water development for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 28, before the period on line 10, insert the 
     following: ``: Provided further, That of the amount herein 
     appropriated, not less than $200,000 shall be provided for 
     corridor review and environmental review required for 
     construction of a 230 kv transmission line between Belfield 
     and Hettinger, North Dakota''.
                                  ____

  SA 998 Mr. ALLARD submitted an amendment intended to be proposed by 
him to the bill H.R. 2311, making appropriations for energy and water 
development for the fiscal year ending September 30, 2002, and for 
other proposed; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __ (a) Rescissions.--There is rescinded an amount 
     equal to 1 percent of the discretionary budget authority 
     provided (or obligation limit imposed) for fiscal year 2002 
     in this Act for each department, agency, instrumentality, or 
     entity of the Federal Government funded in this Act: 
     Provided, That this reduction percentage shall be applied on 
     a pro rata basis to each program, project, and activity 
     subject to the rescission.
       (b) Debt Reduction.--The amount rescinded pursuant to this 
     section shall be deposited into the account established under 
     section 3113(d) of title 31, United States Code, to reduce 
     the public debt.
       (c) Report.--The Director of the Office of Management and 
     Budget shall include in the President's budget submitted for 
     fiscal year 2003 a report specifying the reductions made to 
     each account pursuant to this section.
                                  ____

  SA 999. Mr. GRAHAM submitted an amendment intended to be proposed by 
him to the bill H.R. 2311, making appropriations for energy and water 
development for the fiscal year ending September 30, 2002, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 11, between lines 16 and 17, insert the following:

     SEC. 1__. APALACHICOLA, CHATTAHOOCHEE, AND FLINT RIVERS, 
                   GEORGIA, FLORIDA, AND ALABAMA.

       (a) Finding.--Congress finds that the disposal of dredged 
     material from the Federal navigation channel in the 
     Apalachicola River by placement inside the riverine ecosystem 
     using within-bank or floodplain disposal sites is not 
     consistent with the protection of the environment as required 
     under the Economic and Environmental Principles and 
     Guidelines for Water and Related Land Resources 
     Implementation Studies issued on March 10, 1983, by the Water 
     Resources Council established under title I of the Water 
     Resources Planning Act (42 U.S.C. 1962a et seq.).

[[Page 13458]]

       (b) Project Modification.--The project for navigation, 
     Apalachicola, Chattahoochee, and Flint Rivers, Georgia, 
     Florida, and Alabama, authorized by section 2 of the Act of 
     March 2, 1945 (59 Stat. 17), and modified by the first 
     section of the Act of July 24, 1946 (60 Stat. 635, chapter 
     595), is modified to direct the Secretary to transport 
     dredged material to environmentally acceptable disposal sites 
     approved by the States of Georgia, Florida, and Alabama and 
     within the boundaries of the States, in lieu of using within-
     bank or floodplain disposal sites.
                                  ____

  SA 1000. Mr. GRAHAM submitted an amendment intended to be proposed by 
him to the bill H.R. 2311, making appropriations for energy and water 
development for the fiscal year ending September 30, 2002, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 8, line 7, before the colon, insert the following: 
     ``, and of which not less than $8,173,000 shall be made 
     available for the Apalachicola, Chattahoochee, and Flint 
     Rivers, Georgia, Florida, and Alabama (of which not less than 
     $500,000 shall be used to restore the historic hydrologic 
     connection between the Apalachicola River and Virginia Cut 
     that has been affected by the project for navigation, 
     Apalachicola, Chattahoochee, and Flint Rivers, Georgia, 
     Florida, and Alabama, authorized by section 2 of the Act of 
     March 2, 1945 (59 Stat. 17), and modified by the first 
     section of the Act of July 24, 1946 (60 Stat. 635, chapter 
     595))''.
                                  ____

  SA 1001. Mr. GRAHAM submitted an amendment intended to be proposed by 
him to the bill H.R. 2311, making appropriations for energy and water 
development for the fiscal year ending September 30, 2002, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 11, between lines 16 and 17, insert the following:

     SEC. 1__. APALACHICOLA, CHATTAHOOCHEE, AND FLINT RIVERS, 
                   GEORGIA, FLORIDA, AND ALABAMA.

       (a) Finding.--Congress finds that the disposal of dredged 
     material from the Federal navigation channel in the 
     Apalachicola River by placement inside the riverine ecosystem 
     using within-bank or floodplain disposal sites is not 
     consistent with the protection of the environment as required 
     under the Economic and Environmental Principles and 
     Guidelines for Water and Related Land Resources 
     Implementation Studies issued on March 10, 1983, by the Water 
     Resources Council established under title I of the Water 
     Resources Planning Act (42 U.S.C. 1962a et seq.).
       (b) Project Modification.--The project for navigation, 
     Apalachicola, Chattahoochee, and Flint Rivers, Georgia, 
     Florida, and Alabama, authorized by section 2 of the Act of 
     March 2, 1945 (59 Stat. 17), and modified by the first 
     section of the Act of July 24, 1946 (60 Stat. 635, chapter 
     595), is modified to direct the Secretary to transport 
     dredged material from the Apalachicola River to 
     environmentally acceptable disposal sites approved by the 
     States of Georgia, Florida, and Alabama and within the 
     boundaries of the States, in lieu of using within-bank or 
     floodplain disposal sites.
                                  ____

  SA 1002. Mr. GRAHAM submitted an amendment intended to be proposed by 
him to the bill H.R. 2311, making appropriations for energy and water 
development for the fiscal year ending September 30, 2002, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 11, between lines 16 and 17, insert the following:

     SEC. __. IMPACT OF NAVIGATIONAL DREDGING ON LOCAL ECONOMIES 
                   OF FLORIDA.

       None of the funds made available by this Act may be used to 
     conduct navigational dredging until the Secretary of the 
     Army--
       (1) completes a cost-benefit analysis of the impact of 
     navigational dredging on the economies of local areas in the 
     State of Florida, including oyster harvesting, tupelo honey 
     production, shrimp production, blue crab production, 
     commercial sportfishing, and recreational activities; and
       (2) submits to the Committee on Environment and Public 
     Works of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report on 
     the results of the analysis.
                                  ____

  SA 1003. Mr. GRAHAM submitted an amendment intended to be proposed by 
him to the bill H.R. 2311, making appropriations for energy and water 
development for the fiscal year ending September 30, 2002, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 11, between lines 16 and 17, insert the following:

     SEC.   . CUMULATIVE IMPACT OF NAVIGATIONAL DREDGING ON 
                   WILDLIFE AND HABITAT.

       None of the funds made available by this Act may be used to 
     conduct navigational dredging until the Secretary of the 
     Army--
       (1) completes an assessment of the cumulative impact of 
     navigational dredging on wildlife and habitat; and
       (2) submits to the Committee on Environment and Public 
     Works of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report on 
     the results of the assessment.
                                  ____

  SA 1004. Mr. DASCHLE submitted an amendment intended to be proposed 
by him to the bill H.R. 2311, making appropriations for energy and 
water development for the fiscal year ending September 30, 2002, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 12, line 20, after ``expended,'' insert ``of which 
     $4,000,000 shall be available for the West River/Lyman-Jones 
     Rural Water System to provide rural, municipal, and 
     industrial drinking water for Philip, South Dakota, in 
     accordance with the Mni Wiconi Project Act of 1988 (102 Stat. 
     2566; 108 Stat. 4539),''.
                                  ____

  SA 1005. Mr. BUNNING submitted an amendment intended to be proposed 
by him to the bill H.R. 2311, making appropriations for energy and 
water development for the fiscal year ending September 30, 2002, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 33, after line 25, add the following:
       Sec. 312. (a) In General.--The Secretary of Energy shall 
     provide for the management of environmental matters 
     (including planning and budgetary activities) with respect to 
     the Paducah Gaseous Diffusion Plant, Kentucky, through the 
     Assistant Secretary of Energy for Environmental Management.
       (b) Particular Requirements.--(1) In meeting the 
     requirement in subsection (a), the Secretary shall provide 
     for direct communication between the Assistant Secretary of 
     Energy for Environmental Management and the head of the 
     Paducah Gaseous Diffusion Plant on the matters covered by 
     that subsection.
       (2) The Assistant Secretary shall carry out activities 
     under this section in direct consultation with the head of 
     the Paducah Gaseous Diffusion Plant.
                                  ____

  SA 1006. Mr. SMITH of New Hampshire submitted an amendment intended 
to be proposed by him to the bill H.R. 2311, making appropriations for 
energy and water development for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 7, line 6, before the period, insert the following: 
     ``: Provided further, That, with respect to the environmental 
     infrastructure project in Lebanon, New Hampshire, for which 
     funds are made available under this heading, the non-Federal 
     interest shall receive credit toward the non-Federal share of 
     the cost of the project for work performed before the date of 
     execution of the project cooperation agreement, if the 
     Secretary determines the work is integral to the project.''
                                  ____

  SA 1007. Mr. CHAFEE submitted an amendment intended to be proposed by 
him to the bill H.R. 2311, making appropriations for energy and water 
development for the fiscal year ending September 30, 2002, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 3, line 3, strike ``$1,570,798,000, to remain 
     available until expended'' and insert ``$1,572,798,000, to 
     remain available until expended, of which $2,000,000 shall be 
     derived from a transfer from amounts made available under the 
     heading ``General Expenses''; and of which $2,000,000 shall 
     be available to carry out the Estuary Restoration Act of 2000 
     (33 U.S.C. 2901 et seq.) after the first meeting of the 
     Estuary Habitat Restoration Council''.
                                  ____

  SA 1008. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill H.R. 2311, making appropriations for energy and water 
development for the fiscal year ending September 30, 2002, and for 
other purposes; which was ordered to lie on the table, as follows:

       At the appropriate place, insert the following: ``of which 
     $500,000 shall be made available to assist the State of 
     Oregon with design activities related to installation of 
     electric irrigation water pumps at the Savage Rapids Dam on 
     the Rogue River, Oregon, using authority provided by Public 
     Law 92-199.''
                                  ____

  SA 1009. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill H.R. 2311, making appropriations for energy and water 
development for the fiscal year ending September 30, 2002, and for 
other purposes; which was ordered to lie on the table, as follows:


[[Page 13459]]

       At the appropriate place, insert the following: ``of which 
     $500,000 shall be made available to conduct planning, 
     technical, design, feasibility and other analyses under 
     authority provided by Public Law 92-199 to evaluate the 
     feasibility of installation of electric irrigation water 
     pumping facilities at the Savage Rapids Dam on the Rogue 
     River, Oregon.''

                          ____________________