In the Senate of the United States,

August 1 (legislative day, July 10), 1995.

Resolved, That the bill from the House of Representatives (H.R. 1905) entitled ‘‘An Act making appropriations for

energy and water development for the fiscal year ending September 30, 1996, and for other purposes’’, do pass with the

following

AMENDMENTS:

1 Ω1æPage 2, line 20, strike out ø$129,906,000¿ and in2 sert: $126,323,000

3 Ω2æPage 2, strike out all after line 22, over to and in4 cluding line 2 on page 3 and insert:

5 Norco Bluffs, California, $375,000;

6 Indianapolis Central Waterfront, Indiana,

7 $1,000,000;

8 Kentucky Lock and Dam, Kentucky, $2,500,000;

9 and

10 West Virginia Port Development, West Virginia,

11 $300,000.
2

HR 1905 EAS

1 Ω3æPage 3, line 12, strike out ø$807,846,000¿ and in2 sert: $778,456,000

3 Ω4æPage 3, strike out all after line 22, over to and in4 cluding line 25 on page 4 and insert:

5 Homer Spit, Alaska, repair and extend project,

6 $3,800,000;

7 McClellan-Kerr Arkansas River Navigation Sys8 tem, Arkansas, $6,000,000: Provided, That $4,900,000

9 of such amount shall be used for activities relating to

10 Montgomery Point Lock and Dam, Arkansas;

11 Red River Emergency Bank Protection, Arkan12 sas and Louisiana, $6,600,000;

13 Sacramento River Flood Control Project (Glenn14 Colusa Irrigation District), California, $300,000;

15 Arkansas City flood control project, Kansas,

16 $700,000, except that for the purposes of the project,

17 section 902 of Public Law 99–662 is waived;

18 Winfield, Kansas, $670,000;

19 Harlan (Levisa and Tug Forks of the Big Sandy

20 River and Upper Cumberland River), Kentucky,

21 $12,000,000;

22 Williamsburg (Levisa and Tug Forks of the Big

23 Sandy River and Upper Cumberland River), Ken24 tucky, $4,100,000;
3

HR 1905 EAS

1 Middlesboro (Lesiva and Tug Forks of the Big

2 Sandy River and Upper Cumberland River), Ken3 tucky, $1,600,000;

4 Salyersville, Kentucky, $500,000;

5 Lake Pontchartrain and Vicinity (Hurricane

6 Protection), Louisiana, $11,838,000;

7 Ouachita River Levees, Louisiana, $2,300,000;

8 Red River below Denison Dam Levee and Bank

9 Stabilization, Louisiana, Arkansas, and Texas,

10 $2,000,000;

11 Roughans Point, Massachusetts, $710,000;

12 Marshall, Minnesota, $850,000;

13 Ste. Genevieve, Missouri, $1,000,000;

14 Broad Top Region, Pennsylvania, $2,000,000;

15 Glen Foerd, Pennsylvania, $200,000;

16 Wallisville Lake, Texas, $5,000,000;

17 Virginia Beach Erosion Control and Hurricane

18 Protection, Virginia, $1,100,000;

19 Hatfield Bottom (Levisa and Tug Forks of the

20 Big Sandy River and Upper Cumberland River),

21 West Virginia, $200,000; and

22 Upper Mingo (Levisa and Tug Forks of the Big

23 Sandy River and Upper Cumberland River, West

24 Virginia, $2,000,000: Provided, That the Secretary of

25 the Army, acting through the Chief of Engineers, shall
4

HR 1905 EAS

1 transfer $1,120,000 of the Construction, General funds

2 appropriated in this Act to the Secretary of the Inte3 rior and the Secretary of the Interior shall accept and

4 expend such funds for performing operation and

5 maintenance activities at the Columbia River Fishing

6 Access Sites to be constructed by the Department of

7 the Army at Cascade Locks, Oregon; Lone Pine, Or8 egon; Underwood, Washington; and the Bonneville

9 Treaty Fishing Access Site, Washington.

10 Ω5æPage 5, line 19, strike out ø$1,712,123,000¿ and in11 sert: $1,696,998,000

12 Ω6æPage 6, line 4, strike out ø$5,926,000¿ and insert:

13 $3,426,000

14 Ω7æPage 6, line 6, after ‘‘project’’ insert: : Provided fur15 ther, That the Secretary of the Army is directed during fis16 cal year 1996 to maintain a minimum conservation pool

17 level of 475.5 at Wister Lake in Oklahoma

18 Ω8æPage 7, line 3, strike out ø$150,000,000¿ and insert:

19 $153,000,000 to remain available until expended

20 Ω9æPage 7, line 3, strike out all after ‘‘Provided,’’ down

21 to and including ‘‘further,’’ in line 6

22 Ω10æPage 7, line 13, after ‘‘Congress’’ insert: (including

23 the Committee on Environment and Public Works of the
5

HR 1905 EAS

1 Senate and the Committee on Transportation and Infra2 structure of the House of Representatives)

3 Ω11æPage 8, strike out lines 7 to 25 and insert:

4 SEC. 101. (a) In fiscal year 1996, the Secretary of the

5 Army shall advertise for competitive bid at least 7,500,000

6 cubic yards of the hopper dredge volume accomplished with

7 government owned dredges in fiscal year 1992.

8 (b) Notwithstanding the provisions of this section, the

9 Secretary is authorized to use the dredge fleet of the Corps

10 of Engineers to undertake projects when industry does not

11 perform as required by the contract specifications or when

12 the bids are more than 25 percent in excess of what the

13 Secretary determines to be a fair and reasonable estimated

14 cost of a well equipped contractor doing the work or to re15 spond to emergency requirements.

16 (c) None of the funds appropriated herein or otherwise

17 made available to the Army Corps of Engineers, including

18 amounts contained in the Revolving Fund of the Army

19 Corps of Engineers, may be used to study, design or under20 take improvements or major repair of the Federal vessel,

21 McFARLAND, except for normal maintenance and repair

22 necessary to maintain the vessel McFARLAND’s current

23 operational condition.

24 (d) If any of the four Corps of Engineers hopper

25 dredges is removed from normal service for repair or reha-
6

HR 1905 EAS

1 bilitation and such repair prevents the dredge from accom2 plishing its volume of work regularly carried out in each

3 of the past three years, the Corps of Engineers shall reduce

4 the 7,500,000 cubic yards of hopper dredge volume con5 tained in subsection (a) of this section by the proportional

6 amount of work which had been allocated to such dredge

7 over the past three fiscal years in calculating the reduction

8 in Corps dredging work required to implement subsection

9 (a).

10 Ω12æPage 10, after line 2, insert:

11 SEC. 103. None of the funds appropriated herein or

12 otherwise available to the Army Corps of Engineers, may

13 be used to assist, guide, coordinate, administer; prepare for

14 occupancy of; or acquire furnishings for or in preparation

15 of a movement to the Southeast Federal Center.

16 Ω13æPage 10, after line 2, insert:

17 SEC. 104. The project for flood control for Petersburg,

18 West Virginia, authorized by section 101(a)(26) of the

19 Water Resources Development Act of 1990 (P.L. 101–640,

20 104 Stat. 4611) is modified to authorize the Secretary of

21 the Army to construct the project at a total cost not to ex22 ceed $26,600,000, with an estimated first Federal cost of

23 $19,195,000 and an estimated first non-Federal cost of

24 $7,405,000.
7

HR 1905 EAS

1 Ω14æPage 10, after line 2, insert:

2 SEC. 105. (a) The Secretary of the Army is authorized

3 to accept from a non-Federal sponsor an amount of addi4 tional lands not to exceed 300 acres which are contiguous

5 to the Cooper Lake and Channels Project, Texas, authorized

6 by the River and Harbor Act of 1965 and the Water Re7 sources Development Act of 1986, and which provide habitat

8 value at least equal to that provided by the lands authorized

9 to be redesignated in subsection (b).

10 (b) Upon the completion of subsection (a), the Sec11 retary is further authorized to redesignate an amount of

12 mitigation land not to exceed 300 acres to recreation pur13 poses.

14 (c) The cost of all work to be undertaken pursuant to

15 this section, including but not limited to real estate ap16 praisals, cultural and environmental surveys, and all devel17 opment necessary to avoid net mitigation losses, to the ex18 tent such actions are required, shall be borne by the donat19 ing sponsor.

20 Ω15æPage 10, after line 2, insert:

21 SEC. 106. WATER LEVEL IN LAKE TRAVERSE, SOUTH DA22 KOTA AND MINNESOTA.

23 (a) IN GENERAL.—Subject to subsection (b), notwith24 standing any other law, the Secretary of the Army, acting

25 through the Chief of Engineers of the Army Corps of Engi-
8

HR 1905 EAS

1 neers and using funds made available under this Act, shall,

2 to the greatest extent practicable, take such actions as are

3 necessary to obtain and maintain an elevation of 977 feet

4 above sea level in Lake Traverse, South Dakota and Min5 nesota.

6 (b) LIMITATION.—No action taken under subsection

7 (a) shall result in flooding at Mud Lake, South Dakota and

8 Minnesota.

9 Ω16æPage 10, after line 2, insert:

10 SEC. 107. Using funds appropriated herein the Sec11 retary of the Army, acting through the Chief of Engineers,

12 is authorized to undertake the Coos Bay, Oregon project in

13 accordance with the Report of the Chief of Engineers, dated

14 June 30, 1994, at a total cost of $14,541,000, with an esti15 mated Federal cost of $10,777,000 and an estimated non16 Federal cost of $3,764,000.

17 Ω17æPage 11, line 13, strike out ø$13,114,000¿ and in18 sert: $11,234,000

19 Ω18æPage 11, line 21, after ‘‘expended’’ insert: : Pro20 vided further, That within available funds, $300,000 is for

21 the completion of the feasibility study of alternatives for

22 meeting the drinking water needs on the Cheyenne River

23 Sioux Reservation and surrounding communities
9

HR 1905 EAS

1 Ω19æPage 12, line 2, strike out ø$417,301,000¿ and in2 sert: $390,461,000

3 Ω20æPage 12, line 5, strike out ø$94,225,000¿ and in4 sert: $92,725,000

5 Ω21æPage 13, line 11, strike out ø$278,759,000¿ and

6 insert: $267,393,000

7 Ω22æPage 16, lines 23 and 24, strike out

8 ø$2,576,700,000 (less $1,000,000), to remain available

9 until expended¿ and insert: $2,793,324,000 to remain

10 available until expended: Provided, That no more than

11 $7,500,000 of such funds shall be used for the termination

12 of the Gas Turbine-Modular Helium Reactor program

13 Ω23æPage 16, line 24, after ‘‘expended’’ insert: , of which

14 amount within available funds $56,000,000 may be avail15 able to continue operation of the Tokamak Fusion Test Re16 actor (for which purpose, the Secretary may use savings

17 from reducing general administrative expenses in accord18 ance with the Department of Energy’s strategic alignment

19 and downsizing effort, but none of the savings used for this

20 purpose shall come from programmatic accounts within this

21 title)

22 Ω24æPage 16, line 24, after ‘‘expended’’ insert: : Pro23 vided further, That within the amount for Indian Energy
10

HR 1905 EAS

1 Resource projects, $2,000,000 may be made available to

2 fund the Crow energy resources programs under title XXVI

3 of the Energy Policy Act of 1992 (25 U.S.C. 3501 et seq.)

4 Ω25æPage 16, line 24, strike out all after ‘‘expended’’

5 over to and including ‘‘13316)’’ in line 2 on page 17

6 Ω26æPage 17, after line 2 insert:

7 FUNDING FOR ENERGY SUPPLY, RESEARCH AND DEVEL8 OPMENT ACTIVITIES RELATING TO RENEWABLE EN9 ERGY SOURCES

10 (a) REDUCTION IN APPROPRIATION FOR DEPART11 MENTAL ADMINISTRATION.—Notwithstanding any other

12 provision of this Act, the amount appropriated in title III

13 of this Act under the heading DEPARTMENTAL ADMINISTRA14 TION is hereby reduced by $25,000,000.

15 (b) INCREASE IN APPROPRIATION FOR ENERGY SUP16 PLY, RESEARCH AND DEVELOPMENT ACTIVITIES.—Not17 withstanding any other provision of this Act, the amount

18 appropriated in title III of this Act under the heading EN19 ERGY SUPPLY, RESEARCH AND DEVELOPMENT ACTIVITIES

20 is hereby increased by $37,000,000.

21 (c) AVAILABILITY OF FUNDS.—Of the funds appro22 priated in title III of this Act under the heading ENERGY

23 SUPPLY, RESEARCH AND DEVELOPMENT ACTIVITIES—

24 (1) not less than $4,500,000 shall be available for

25 solar building technology research;
11

HR 1905 EAS

1 (2) not less than $78,929,000 shall be available

2 for photovoltaic energy systems;

3 (3) not less than $28,443,000 shall be available

4 for solar thermal energy systems;

5 (4) not less than $55,300,000 shall be available

6 for biofuels of which no less than half shall go toward

7 the Biomass Electric Program;

8 (5) not less than $42,000,000 shall be available

9 for wind energy systems;

10 (6) not less than $8,000,000 shall be available for

11 international solar energy programs;

12 (7) not less than $9,000,000 shall be available for

13 hydrogen research.

14 Ω27æPage 18, line 23, strike out ø$991,000,000¿ and

15 insert: $971,000,000

16 Ω28æPage 19, strike out lines 2 to 6 and insert:

17 For the nuclear waste disposal activities to carry out

18 the purposes of Public Law 97–425, as amended, including

19 the acquisition of real property or facility construction or

20 expansion, $151,600,000 to remain available until ex21 pended, to be derived from the Nuclear Waste Fund: Pro22 vided, That of the amount herein appropriated together

23 with the amount provided in the Defense Nuclear Waste

24 Disposal Appropriation contained in this title, within

25 available funds, no more than $250,000,000 shall be avail-
12

HR 1905 EAS

1 able to continue, at a reduced level, the technical site char2 acterization effort and to retain deferred licensing capabil3 ity at the Yucca Mountain site: Provided further, That the

4 facility for the initial storage of no more than 40,000 metric

5 tons of uranium at a site to be determined by the President

6 shall be licensed by the Nuclear Regulatory Commission for

7 an unspecified period, in accordance with its regulations

8 governing the licensing of independent spent fuel storage in9 stallations, without regard to sections 148(a) and 148(d)

10 of Public Law 97–425: Provided further, That the facility

11 shall be expandable for the subsequent transportation and

12 interim storage of up to 100,000 metric tons of uranium

13 and shall be operational in the 1998 timeframe, consistent

14 with sections 135(a)(1)(B), 135(a)(4), 137(a), 141(a),

15 148(a), 148(b), and 148(c) of Public Law 97–425, but with16 out regard to sections 131(a)(3), 131(b)(2), 135(a)(1),

17 135(d), 135(e), 146, 148(d)(1), 148(d)(3), and 148(d)(4) of

18 Public Law 97–425: Provided further, That the director

19 shall review the program’s institutional activities, includ20 ing all cooperative agreements, international commitments,

21 and university assistance, and shall make available to these

22 entities amounts commensurate with the revised program

23 for nuclear waste disposal activities: Provided further, That

24 any funds provided to the State of Nevada are for the sole

25 purpose of conduct of its scientific oversight responsibilities
13

HR 1905 EAS

1 pursuant to Public Law 97–425, as amended: Provided fur2 ther, That none of the funds herein appropriated may be

3 used directly or indirectly to influence legislative action on

4 any matter pending before Congress or a State legislature

5 or for any lobbying activity as provided in section 1913

6 of title 18, United States Code: Provided further, That the

7 Secretary shall submit to the Congress within 90 days a

8 revised program plan and schedule, including a new five9 year budget, that addresses the construction and operation

10 of the interim storage capability, the revised site character11 ization program at the Yucca Mountain site, and the results

12 of the Director’s review of the program’s institutional ac13 tivities.

14 Ω29æPage 19, line 19, strike out ø$3,273,014,000¿ and

15 insert: $3,751,719,000

16 Ω30æPage 20, line 7, strike out ø$5,265,478,000¿ and

17 insert: $5,989,750,000

18 Ω31æPage 20, line 18, strike out ø$1,323,841,000¿ and

19 insert: $1,439,112,000

20 Ω32æPage 20, line 18, after ‘‘expended’’ insert: : Pro21 vided, That within available funds, $4,952,000 is provided

22 for electrical and utility systems upgrade, Idaho Chemical

23 Processing Plant, Idaho National Engineering Laboratory,

24 project number 96–D–463
14

HR 1905 EAS

1 Ω33æPage 20, line 23, strike out ø$198,400,000¿ and

2 insert: $248,400,000

3 Ω34æPage 20, line 24, after ‘‘pended’’ insert: , all of

4 which shall be used in accordance with the terms and condi5 tions of the Nuclear Waste Fund appropriation of the De6 partment of Energy contained in this title

7 Ω35æPage 21, line 8, strike out ø$362,250,000¿ and in8 sert: $377,126,000

9 Ω36æPage 21, line 17, strike out ø$122,306,000¿ and

10 insert: $137,306,000

11 Ω37æPage 21, line 25, strike out ø$239,944,000¿ and

12 insert: $239,820,000

13 Ω38æPage 22, line 4, strike out ø$26,000,000¿ and in14 sert: $25,000,000

15 Ω39æPage 25, line 9, strike out ø$132,290,000¿ and in16 sert: $131,290,000

17 Ω40æPage 25, line 11, strike out ø$132,290,000¿ and

18 insert: $131,290,000

19 Ω41æPage 26, line 6, strike out ø$142,000,000¿ and in20 sert: $182,000,000

21 Ω42æPage 26, after line 14 insert:
15

HR 1905 EAS

1 DELAWARE RIVER BASIN COMMISSION

2 SALARIES AND EXPENSES

3 For expenses necessary to carry out the functions of

4 the United States member of the Delaware River Basin

5 Commission, as authorized by law (75 Stat. 716), $440,000:

6 Provided, That the United States Commissioner (Alternate

7 Federal Member) shall not be compensated at a level higher

8 than General Schedule level 15.

9 CONTRIBUTION TO DELAWARE RIVER BASIN COMMISSION

10 For payment of the United States share of the current

11 expenses of the Delaware River Basin Commission, as au12 thorized by law (75 Stat. 706, 707), $478,000.

13 Ω43æPage 26, after line 14 insert:

14 INTERSTATE COMMISSION ON THE POTOMAC

15 RIVER BASIN

16 CONTRIBUTION TO INTERSTATE COMMISSION ON THE

17 POTOMAC RIVER BASIN

18 To enable the Secretary of the Treasury to pay in ad19 vance to the Interstate Commission on the Potomac River

20 Basin the Federal contribution toward the expenses of the

21 Commission during the current fiscal year in the adminis22 tration of its business in the conservancy district established

23 pursuant to the Act of July 11, 1940 (54 Stat. 748), as

24 amended by the Act of September 25, 1970 (Public Law

25 91–407), $511,000.
16

HR 1905 EAS

1 Ω44æPage 27, line 3, strike out ø$468,300,000¿ and in2 sert: $474,300,000

3 Ω45æPage 27, line 4, strike out ø$11,000,000¿ and in4 sert: $17,000,000

5 Ω46æPage 28, line 9, strike out ø$11,000,000¿ and in6 sert: $17,000,000

7 Ω47æPage 29, line 17, strike out ø$2,531,000¿ and in8 sert: $2,664,000

9 Ω48æPage 29, after line 19 insert:

10 SUSQUEHANNA RIVER BASIN COMMISSION

11 SALARIES AND EXPENSES

12 For expenses necessary to carry out the functions of

13 the United States member of the Susquehanna River Basin

14 Commission as authorized by law (84 Stat. 1541),

15 $280,000: Provided, That the United States Commissioner

16 (Alternate Federal Member) shall not be compensated at a

17 level higher than General Schedule level 15.

18 CONTRIBUTION TO SUSQUEHANNA RIVER BASIN

19 COMMISSION

20 For payment of the United States share of the current

21 expenses of the Susquehanna River Basin Commission, as

22 authorized by law (84 Stat. 1530, 1531), $288,000.
17

HR 1905 EAS

1 Ω49æPage 30, line 1, strike out ø$103,339,000¿ and in2 sert: $110,339,000

3 Ω50æPage 30, line 2, after ‘‘expended’’ insert: . Of the

4 funds appropriated under this heading, not more than

5 $25,000,000 may be expended for the Tennessee Valley Au6 thority Environmental Research Center in Muscle Shoals,

7 Alabama, in the event that the Center expends less than

8 $25,000,000, such amount not expended shall be returned

9 to the United States Treasury and the Tennessee Valley Au10 thority appropriation reduced accordingly and the Ten11 nessee Valley Authority shall take steps to obtain funding

12 from other sources so as to reduce appropriated funding in

13 the future and, not later than January 1, 1996, submit to

14 Congress a preliminary plan securing funding from other

15 sources

16 Ω51æPage 30, strike out lines 5 to 12

17 Ω52æPage 30, strike out lines 19 to 25

18 Ω53æPage 31, strike out lines 20 to 24

19 Ω54æPage 32, strike out lines 1 to 9

20 Ω55æPage 32, after line 9 insert:

21 SEC. 509. Without fiscal year limitation, the amount

22 of fish and wildlife costs that the Bonneville Power Admin23 istration may incur during a fiscal year shall not exceed
18

HR 1905 EAS

1 its ability to pay as a percent of the preceding years gross

2 annual power revenues exclusive of gross residential ex3 change revenues that the Bonneville Administrator accrues

4 in that fiscal year. No branch or agency of the Federal Gov5 ernment shall take any action pursuant to any law which

6 shall cause the Bonneville Power Administration to exceed

7 this expenditure limitation.

8 ‘‘Fish and wildlife costs’’ includes—

9 (1) purchase power costs and lost revenues, as

10 determined by the Bonneville Administrator (subject

11 to independent audit), based on the forecast value of

12 such costs or revenues under average flow conditions,

13 related to operations of the Federal Columbia River

14 Power System for the benefit of fish and wildlife af15 fected by the development, operation, or management

16 of such system using operations prior to passage of

17 the Northwest Power Act as a baseline for calculating

18 such costs;

19 (2) expenditures; and

20 (3) reimbursable costs.

21 This provision shall be implemented on October 1, 1995 un22 less there is a valid agreement which limits Bonneville’s ex23 posure to increases in fish and wildlife costs consistent with

24 its ability to pay and the needs for fish and wildlife re25 sources in the Columbia River Basin.
19

HR 1905 EAS

1 Ω56æPage 32, after line 9 insert:

2 SEC. 510. MAGNETIC FUSION ENERGY ENGINEERING.

3 Section 7 of the Magnetic Fusion Energy Engineering

4 Act (42 U.S.C. 9396) is repealed.

5 SEC. 511. REPEAL OF REPORT ON VERIFICATION TECH6 NIQUES FOR PRODUCTION OF PLUTONIUM

7 AND HIGHLY ENRICHED URANIUM.

8 Section 3131 of the National Defense Authorization

9 Act for Fiscal Year 1991 (Public Law 101–510; 104 Stat.

10 1839) is amended by striking out subsection (c).

11 Ω57æPage 32, after line 9 insert:

12 SEC. 512. SENSE OF THE SENATE ON THE CONFERENCE ON

13 S. 4, THE LINE ITEM VETO ACT.

14 (a) FINDINGS.—The Senate finds that—

15 (1) the line item veto was a major plank in the

16 House majority’s ‘‘Contract with America’’ and has

17 received strong bipartisan support in the 104th Con18 gress;

19 (2) the House of Representatives on February 6,

20 1995, passed H.R. 2, the Line Item Veto Act, on a

21 vote of 294–134;

22 (3) the Senate on March 23, 1995, passed S. 4,

23 the Separate Enrollment and Line Item Veto Act of

24 1995, on a vote of 69–29;
20

HR 1905 EAS

1 (4) the House passed S. 4, with the text of H.R.

2 2 inserted, by voice vote on May 17, 1995, 50 days

3 after passage by the Senate;

4 (5) notwithstanding the failure of the House to

5 request a conference, the Senate disagreed with the

6 House amendments, requested a conference and ap7 pointed conferees on S. 4 on June 20, 1995;

8 (6) the papers for S. 4 have been held at the desk

9 of the Speaker of the House for 42 days and the

10 Speaker of the House has not yet moved to appoint

11 conferees;

12 (7) with the passage of time it increasingly ap13 pears that the Congress may pass and send to the

14 President not only the appropriations bills for fiscal

15 year 1996 but also the reconciliation bill required by

16 H.Con.Res. 67 (the concurrent resolution setting forth

17 the congressional budget for fiscal years 1996, 1997,

18 1998, 1999, 2000, 2001, and 2002) without first pass19 ing and sending to the President a line item veto bill;

20 and

21 (8) the House majority leadership has publicly

22 cast doubt on the prospects for a conference on S. 4

23 this year.

24 (b) SENSE OF THE SENATE.—It is the sense of the Sen25 ate that—
21

HR 1905 EAS

1 (1) the Speaker of the House should move to ap2 point conferees on S. 4 immediately, so that the

3 House and Senate may resolve their differences on

4 this important legislation.

5 Ω58æPage 32, after line 9 insert:

6 SEC. 513. ENERGY SAVINGS AT FEDERAL FACILITIES.

7 (a) REDUCTION IN FACILITIES ENERGY COSTS.—The

8 head of each agency for which funds are made available

9 under this Act shall take all actions necessary to achieve

10 during fiscal year 1996 a 5 percent reduction, from fiscal

11 year 1995 levels, in the energy costs of the facilities used

12 by the agency.

13 (b) USE OF COST SAVINGS.—An amount equal to the

14 amount of cost savings realized by an agency under sub15 section (a) shall remain available for obligation through the

16 end of fiscal year 1997, without further authorization or

17 appropriation, as follows:

18 (1) CONSERVATION MEASURES.—Fifty percent of

19 the amount shall remain available for the implemen20 tation of additional energy conservation measures

21 and for water conservation measures at such facilities

22 used by the agency as are designated by the head of

23 the agency.

24 (2) OTHER PURPOSES.—Fifty percent of the

25 amount shall remain available for use by the agency
22

HR 1905 EAS

1 for such purposes as are designated by the head of the

2 agency, consistent with applicable law.

3 (c) REPORT.—

4 (1) IN GENERAL.—Not later than December 31,

5 1996, the head of each agency described in subsection

6 (a) shall submit a report to Congress specifying the

7 results of the actions taken under subsection (a) and

8 providing any recommendations as to how to further

9 reduce energy costs and energy consumption in the fu10 ture.

11 (2) CONTENTS.—Each report shall—

12 (A) specify the total energy costs of the fa13 cilities used by the agency;

14 (B) identify the reductions achieved; and

15 (C) specify the actions that resulted in the

16 reductions.

17 Ω59æPage 32, after line 9 insert:

18 SEC. 514. WATER LEVELS IN RAINY LAKE AND NAMAKAN

19 LAKE.

20 (a) FINDINGS.—Congress finds that—

21 (1) the Rainy Lake and Namakan Reservoir

22 Water Level International Steering Committee con23 ducted a 2-year analysis in which public comments

24 on the water levels in Rainy Lake and Namakan

25 Lake revealed significant problems with the current
23

HR 1905 EAS

1 regulation of water levels and resulted in Steering

2 Committee recommendations in November 1993; and

3 (2) maintaining water levels closer to those rec4 ommended by the Steering Committee will help ensure

5 the enhancement of water quality, fish and wildlife,

6 and recreational resources in Rainy Lake and

7 Namakan Lake.

8 (b) DEFINITIONS.—In this section:

9 (1) EXISTING RULE CURVE.—The term ‘‘existing

10 rule curve’’ means each of the rule curves promulgated

11 by the International Joint Commission to regulate

12 water levels in Rainy Lake and Namakan Lake in ef13 fect as of the date of enactment of this Act.

14 (2) PROPOSED RULE CURVE.—The term ‘‘pro15 posed rule curve’’ means each of the rule curves rec16 ommended by the Rainy Lake and Namakan Res17 ervoir International Steering Committee for regula18 tion of water levels in Rainy Lake and Namakan

19 Lake in the publication entitled ‘‘Final Report and

20 Recommendations’’ published in November 1993.

21 (c) WATER LEVELS.—The dams at International Falls

22 and Kettle Falls, Minnesota, in Rainy Lake and Namakan

23 Lake, respectively, shall be operated so as to maintain water

24 levels as follows:
24

HR 1905 EAS

1 (1) COINCIDENT RULE CURVES.—In each in2 stance in which an existing rule curve coincides with

3 a proposed rule curve, the water level shall be main4 tained within the range of such coincidence.

5 (2) NONCOINCIDENT RULE CURVES.—In each in6 stance in which an existing rule curve does not coin7 cide with a proposed rule curve, the water level shall

8 be maintained at the limit of the existing rule curve

9 that is closest to the proposed rule curve.

10 (d) ENFORCEMENT.—

11 (1) IN GENERAL.—The Federal Energy Regu12 latory Commission shall enforce this section as though

13 the provisions were included in the license issued by

14 the Commission on December 31, 1987, for Commis15 sion Project No. 5223–001.

16 (2) RULE OF CONSTRUCTION.—Nothing in this

17 section shall be construed to require the Commission

18 to alter the license for Commission Project No. 5223–

19 001 in any way.

20 (e) SUNSET.—This section shall remain in effect until

21 the International Joint Commission review of and decision
25

HR 1905 EAS

1 on the Steering Committee’s recommendations are com2 pleted.

Attest:

Secretary.
104TH CONGRESS

1ST SESSION H. R. 1905

AMENDMENTS
HR 1905 EAS——5HR 1905 EAS——4HR 1905 EAS——3HR 1905 EAS——2