JOURNAL OF THE

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T137.11 OCTOBER 31

was, unanimous consent, laid on the

table.

T137.11 ENERGY AND WATER

APPROPRIATIONS, FY 1996

Mr. MYERS, pursuant to House Resolution 248, called up the following conference report (Rept. No. 104–293):

The Committee of Conference on the disagreeing votes of the two Houses on the

amendments of the Senate to the bill (H.R.

1905) ‘‘making appropriations for energy and

water development for the fiscal year ending

September 30, 1996, and for other purposes,’’

having met, after full and free conference,

have agreed to recommend and do recommend to their respective Houses as follows:

That the Senate recede from its amendments numbered 6, 18, 20, 23, 24, 26, 32, 36, 44,

45, 46, 47, 57, and 58.

That the House recede from its disagreement to the amendments of the Senate numbered 7, 13, 14, 25, 33, 38, 39, 40, 43, and 54; and

agree to the same.

Amendment numbered 1:

That the House recede from its disagreement to the amendment of the Senate numbered 1, and agree to the same with an

amendment, as follows:

In lieu of the sum proposed by said amendment insert: $121,767,000; and the Senate

agree to the same.

Amendment numbered 2:

That the House recede from its disagreement to the amendment of the Senate numbered 2, and agree to the same with an

amendment, as follows:

In lieu of the matter stricken and inserted

by said amendment insert:

Norco Bluffs, California, $375,000;

Ohio River Greenway, Indiana, $500,000;

Kentucky Lock and Dam, Kentucky,

$2,000,000;

Mussers Dam, Middle Creek, Snyder County,

Pennsylvania, $300,000; and

West Virginia Port Development, West Virginia, $300,000: Provided, That the Secretary of

the Army, acting through the Chief of Engineers, is directed to undertake a study of water

supply and associated needs in the vicinity of

Hazard, Kentucky, using $500,000 of the funds

appropriated under this heading in Public Law

103–316 for Hazard, Kentucky.

And the Senate agree to the same.

Amendment numbered 3:

That the House recede from its disagreement to the amendment of the Senate numbered 3, and agree to the same with an

amendment, as follows:

In lieu of the sum proposed by said amendment insert: $804,573,000; and the Senate

agree to the same.

Amendment numbered 4:

That the House recede from its disagreement to the amendment of the Senate numbered 4, and agree to the same with an

amendment, as follows:

In lieu of the matter stricken and inserted

by said amendment insert:

Homer Spit, Alaska, repair and extend project,

$3,800,000;

McClellan-Kerr Arkansas River Navigation

System, Arkansas, $6,000,000: Provided, That

$4,900,000 of such amount shall be used for activities relating to Montgomery Point Lock and

Dam, Arkansas;

Red River Emergency Bank Protection, Arkansas and Louisiana, $6,600,000;

Sacramento River Flood Control Project

(Glenn-Colusa Irrigation District), California,

$300,000;

San Timoteo Creek (Santa Ana River

Mainstem), California, $5,000,000;

Indiana Shoreline Erosion, Indiana,

$1,500,000;

Arkansas City flood control project, Kansas,

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

project, section 902 of Public Law 99–662 is

waived;

Winfield, Kansas, $670,000;

Harlan (Levisa and Tug Forks of the Big

Sandy River and Upper Cumberland River),

Kentucky, $12,000,000;

Williamsburg (Levisa and Tug Forks of the

Big Sandy River and Upper Cumberland River),

Kentucky, $4,100,000;

Middlesboro (Levisa and Tug Forks of the Big

Sandy River and Upper Cumberland River),

Kentucky, $1,600,000;

Salyersville, Kentucky, $500,000;

Lake Pontchartrain and Vicinity (Hurricane

Protection), Louisiana, $13,348,000;

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

Red River below Denison Dam Levee and

Bank Stabilization, Louisiana, Arkansas, and

Texas, $2,500,000;

Roughans Point, Massachusetts, $710,000;

Marshall, Minnesota, $850,000;

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

Broad Top Region, Pennsylvania, $4,100,000;

Glen Foerd, Pennsylvania, $200,000;

South Central Pennsylvania Environmental

Restoration, Pennsylvania, $3,500,000;

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

Virginia Beach Erosion Control and Hurricane Protection, Virginia, $1,100,000;

Hatfield Bottom (Levisa and Tug Forks of the

Big Sandy River and Upper Cumberland River),

West Virginia, $200,000; and

Upper Mingo (Levisa and Tug Forks of the

Big Sandy River and Upper Cumberland River),

West Virginia, $2,000,000: Provided, That the

Secretary of the Army, acting through the Chief

of Engineers, shall transfer $1,120,000 of the

Construction, General funds appropriated in

this Act to the Secretary of the Interior and the

Secretary of the Interior shall accept and expend such funds for performing operation and

maintenance activities at the Columbia River

Fishing Access Sites to be constructed by the

Department of the Army at Cascade Locks, Oregon; Lone Pine, Oregon; Underwood, Washington; and the Bonneville Treaty Fishing Access Site, Washington: Provided further, That

using funds appropriated in Public Law 103–316

for the Sacramento River Flood Control Project

(Deficiency Correction), California, project and

funds appropriated herein for the Sacramento

Urban Area Levee Reconstruction, California,

project, the Secretary of the Army, acting

through the Chief of Engineers, is directed to

acquire all or part of the Little Holland tract,

with any and all appurtenant water rights, for

wetland and fish and wildlife activities pursuant to the authority of section 906 of Public Law

99–662 and conditioned on a determination made

by the Secretary, pursuant to Section 906, that

acquisition is in the Federal interest.

And the Senate agree to the same.

Amendment numbered 5:

That the House recede from its disagreement to the amendment of the Senate numbered 5, and agree to the same with an

amendment, as follows:

In lieu of the sum proposed by said amendment insert: $1,703,697,000; and the Senate

agreed to the same.

Amendment numbered 8:

That the House recede from its disagreement to the amendment of the Senate numbered 8, and agree to the same with an

amendment, as follows:

In lieu of the sum named in said amendment insert: $151,500,000; and the Senate

agreed to the same.

Amendment numbered 9:

That the House recede from its disagreement to the amendment of the Senate numbered 9, and agree to the same with an

amendment, as follows:

Restore the matter stricken by said

amendment, amended as follows:

In lieu of the sum named in said amendment, insert: $62,000,000; and the Senate

agreed to the same.

Amendment numbered 10:

That the House recede from its disagreement to the amendment of the Senate numbered 10, and agree to the same with an

amendment, as follows:

Retain the matter proposed by said amendment, and on page 7, line 18, of the House engrossed bill, H.R. 1905, strike ‘‘the’’, and insert in lieu thereof, ‘‘any civil’’.

And the Senate agree to the same.

Amendment numbered 11:

That the House recede from its disagreement to the amendment of the Senate numbered 11, and agree to the same with an

amendment, as follows:

Delete the matter stricken by said amendment and insert the matter proposed by said

amendment, amended as follows:

Strike subsection (d) and insert in lieu

thereof the following: (d) If any of the four

Corps of Engineers hopper dredges is removed

from normal service for repair or rehabilitation

and such repair prevents the dredge from accomplishing its volume of work regularly carried

out in each of the past three years, the Secretary shall not significantly alter the operating

schedules of the remaining Federal hopper

dredges established in accordance with the requirements of subsection (a) above.

And the Senate agree to the same.

Amendment numbered 12:

That the House recede from its disagreement to the amendment of the Senate numbered 12, and agree to the same with an

amendment, as follows:

In lieu of the matter inserted by said

amendment, insert:

SEC. 103. With the exception of the use of

funds to process any required Department of the

Army permits, none of the funds appropriated

herein or otherwise available to the Army Corps

of Engineers may be used to assist, guide, coordinate, administer, prepare for occupancy of,

or acquire furnishings for or in preparation of a

movement to the Southeast Federal Center.

And, on page 9, line 12, of the House engrossed bill, H.R. 1905, strike ‘‘(b) PROJECT

DEPTH.—’’ and all that follows through

‘‘harbor or refuge.’’, on page 10, line 2 and insert in lieu thereof the following:

(b) PROJECT DEPTH.—The project described in

subsection (a) is modified to provide for an authorized depth of 12.5 feet.

(c) NAVIGATION CHANNEL (MODIFIED).—The reauthorized project navigation channel shall be

defined by the following coordinates: 2911N–

2239E, 3240N–2504E, 3964N–2874E, 4182N–2891E,

4469N–2808E, 4692N–2720E, 4879N–2615E, 4952N–

2778E, 4438N–2980E, 4227N–3097E, 3720N–3068E,

3076N–2798E, 2996N–2706E, 2783N–2450E.

(d) HARBOR OF REFUGE.—The project described in subsection (a), including the

breakwalls, pier and authorized depth of the

project (as modified by subsection (b)), shall

continue to be maintained as a harbor of refuge.

And the Senate agree to the same.

Amendment numbered 15:

That the House recede from its disagreement to the amendment of the Senate numbered 15, and agree to the same with an

amendment, as follows:

In lieu of the matter proposed by said

amendment, insert:

SEC. 106. Using $2,000,000 of the funds appropriated herein, the Secretary of the Army, acting through the Chief of Engineers, is authorized to undertake the Indianapolis, Indiana,

project, authorized in section 5 of Public Law

74–738, as amended, and as modified to include

certain riverfront alterations as described in the

Central Indianapolis Waterfront Concept Master Plan, dated February, 1994, at a total cost of

$65,975,000 with an estimated first Federal cost

of $39,975,000 and an estimated first non-Federal

cost of $26,000,000.

SEC. 107. SOUTH CENTRAL PENNSYLVANIA.

(a) IN GENERAL.—Section 313 of the Water Resources Development Act of 1992 (106 Stat. 4845–

4847) is amended—
HOUSE OF REPRESENTATIVES

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1995 T137.11

(1) in the heading to subsection (c) by striking

‘‘WITH SARCD COUNCIL’’;

(2) in subsection (c) by inserting ‘‘with State,

regional, and local officials, including, where

applicable,’’ after ‘‘consult’’;

(3) in subsection (d)(2)(A) by inserting ‘‘where

applicable,’’ after ‘‘Council’’;

(4) in subsection (g)(1) by striking

‘‘$17,000,000’’ and inserting ‘‘$50,000,000’’; and

(5) in subsection (h)(2) by striking ‘‘Bedford,

Blair, Cambria, Fulton, Huntingdon, and Somerset’’ and inserting ‘‘Armstrong, Bedford,

Blair, Cambria, Clearfield, Fayette, Franklin,

Fulton, Huntingdon, Indiana, Juniata, Mifflin,

Somerset, Snyder, and Westmoreland’’.

(b) COST SHARING.—Section 313(d)(3) of the

Water Resources Development Act of 1992 (106

Stat. 4846) is amended to read as follows:

‘‘(3) Cost sharing.—

‘‘(A) IN GENERAL.—Total project costs under

each local cooperation agreement entered into

under this subsection shall be shared at 75 percent Federal and 25 percent non-Federal. The

non-Federal interest shall receive credit for the

reasonable costs of design work completed by

such interest prior to entering into a local cooperation agreement with the Secretary for a

project. The Federal share may in the form of

grants or reimbursements of project costs.

‘‘(B) INTEREST.—In the event of delays in reimbursement of the non-Federal share of a

project, the non-Federal interest shall receive

credit for reasonable interest to provide the nonFederal share of a project’s cost.

‘‘(C) LANDS, EASEMENTS, AND RIGHTS-OF-WAY

CREDIT.—The non-Federal interest shall receive

credit for lands, easements, rights-of-way, and

relocations toward its share of project costs, including direct costs associated with obtaining

permits necessary for the placement of such

project on public owned or controlled lands, but

not to exceed 25 percent of total project costs.

‘‘(D) OPERATION AND MAINTENANCE CREDIT.—

Operation and maintenance costs for projects

constructed with assistance provided under this

section shall be 100 percent non-Federal.’’.

SEC. 108. Using $2,000,000 of the funds appropriated herein, the Secretary of the Army, acting through the Chief of Engineers, is authorized and directed to proceed with engineering,

design, and construction of projects to provide

for flood control and improvements to rainfall

drainage systems in Jefferson, Orleans, and St.

Tammany Parishes, Louisiana, in accordance

with the following reports of the New Orleans

District Engineer: Jefferson and Orleans Parishes, Louisiana, Urban Flood Control and

Water Quality Management, July 1992;

Tangipahoa, Techefuncte and Tickfaw Rivers,

Louisiana, June 1991; and Schneider Canal, Slidell, Louisiana, Hurricane Protection, May

1990. There is authorized to be appropriated

$25,000,000 for the initiation and partial accomplishment of projects described in these reports.

The cost of any work performed by the non-Federal interests subsequent to the above cited reports, as determined by the Secretary of the

Army to be a compatible and integral part of the

projects, shall be credited toward the non-Federal share of the projects.

SEC. 109. (a) IN GENERAL.—Subject to the provisions of this section, the Secretary of the Army

shall convey to the City of Prestonburg, Kentucky, all right, title, and interest of the United

States, in and to the land described in the Supplemental Agreement—Modification No. 2 to the

Department of the Army lease #DACW69–1–76–

0186, executed by and between the Department

of the Army and the Commonwealth of Kentucky, together with any improvements thereon.

(b) CONDITIONS.—The conveyance authorized

by this section is subject to the following conditions:

(1) The City shall ensure that the land conveyed by this section will be used for public use

recreational purposes and to further the regional economic development.

(2) The City shall use all proceeds derived

from the sale or lease of any mineral rights conveyed pursuant to this section for the development, operation, and maintenance of recreational facilities on the lands conveyed in accordance with this section.

(3) The City shall accept the property in its

condition at the time of the conveyance. The

Secretary shall not be required to make any improvements in the property’s condition, and the

City shall hold and save the United States free

from any claims or damages arising from any

activities on the conveyed land either on the

date of the conveyance or any subsequent date.

(4) If the City uses the land conveyed under

this section for any purpose other than those

specified in this paragraph, the Secretary shall

notify the City of such failure. If the City does

not correct such nonconforming use during the

1-year period beginning on the date of such notification, the Secretary shall have a right of reverter to reclaim possession and title to the land

conveyed under this section.

And the Senate agree to the same.

Amendment numbered 16:

That the House recede from its disagreement to the amendment of the Senate numbered 16, and agree to the same with an

amendment, as follows:

In lieu of the section number named in said

amendment, insert: 110; and the Senate agree

to the same.

Amendment numbered 17:

That the House recede from its disagreement to the amendment of the Senate numbered 17, and agree to the same with an

amendment, as follows:

In lieu of the sum proposed by said amendment insert: $12,684,000; and the Senate agree

to the same.

Amendment numbered 19:

That the House recede from its disagreement to the amendment of the Senate numbered 19, and agree to the same with an

amendment, as follows:

In lieu of the sum proposed by said amendment insert: $411,046,000; and the Senate

agree to the same.

Amendment numbered 21:

That the House recede from its disagreement to the amendment of the Senate numbered 21, and agree to the same with an

amendment, as follows:

In lieu of the sum proposed by said amendment insert: $273,076,000; and the Senate

agree to the same.

Amendment numbered 22:

That the House recede from its disagreement to the amendment of the Senate numbered 22, and agree to the same with an

amendment, as follows:

In lieu of the matter stricken and inserted

by said amendment insert: $2,727,407,000, to

remain available until expended; and the Senate agree to the same.

Amendment numbered 27:

That the House recede from its disagreement to the amendment of the Senate numbered 27, and agree to the same with an

amendment, as follows:

In lieu of the sum proposed by said amendment insert: $981,000,000; and the Senate

agree to the same.

Amendment numbered 28:

That the House recede from its disagreement to the amendment of the Senate numbered 28, and agree to the same with an

amendment, as follows:

In lieu of the matter stricken and inserted

by said amendment insert: For nuclear waste

disposal activities to carry out the purposes of

Public Law 97–425, as amended, including the

acquisition of real property or facility construction or expansion, $151,600,000, to remain available until expended, to be derived from the Nuclear Waste Fund.

And the Senate agree to the same.

Amendment numbered 29:

That the House recede from its disagreement to the amendment of the Senate numbered 29, and agree to the same with an

amendment, as follows:

In lieu of the sum proposed by said amendment insert: $3,460,314,000; and the Senate

agree to the same.

Amendment numbered 30:

That the House recede from its disagreement to the amendment of the Senate numbered 30, and agree to the same with an

amendment, as follows:

In lieu of the sum proposed by said amendment insert: $5,557,532,000; and the Senate

agree to the same.

Amendment numbered 31:

That the House recede from its disagreement to the amendment of the Senate numbered 31, and agree to the same with an

amendment, as follows:

In lieu of the sum proposed by said amendment insert: $1,373,212,000; and the Senate

agree to the same.

Amendment numbered 34:

That the House recede from its disagreement to the amendment of the Senate numbered 34, and agree to the same with an

amendment, as follows:

In lieu of the matter inserted by said

amendment insert: : Provided, That of the

amount herein appropriated, $85,000,000 shall be

available for obligation and expenditure only

for an interim storage facility and only upon

the enactment of specific statutory authority.

And the Senate agree to the same.

Amendment numbered 35:

That the House recede from its disagreement to the amendment of the Senate numbered 35, and agree to the same with an

amendment, as follows:

In lieu of the sum proposed by said amendment insert: $366,697,000; and the Senate

agree to the same.

Amendment numbered 37:

That the House recede from its disagreement to the amendment of the Senate numbered 37, and agree to the same with an

amendment, as follows:

In lieu of the sum proposed by said amendment insert: $244,391,000; and the Senate

agree to the same.

Amendment numbered 41:

That the House recede from its disagreement to the amendment of the Senate numbered 41, and agree to the same with an

amendment, as follows:

In lieu of the sum proposed by said amendment insert: $170,000,000; and the Senate

agree to the same.

Amendment numbered 42:

That the House recede from its disagreement to the amendment of the Senate numbered 42, and agree to the same with an

amendment, as follows:

In lieu of the matter proposed by said

amendment insert:

DELAWARE RIVER BASIN COMMISSION

SALARIES AND EXPENSES

For expenses necessary to carry out the functions of the United States member of the Delaware River Basin Commission, as authorized by

law (75 Stat. 716), $343,000.

CONTRIBUTION TO DELAWARE RIVER BASIN

COMMISSION

For payment of the United States share of the

current expenses of the Delaware River Basin

Commission, as authorized by law (75 Stat. 706,

707), $428,000.

And the Senate agree to the same.

Amendment numbered 48:

That the House recede from its disagreement to the amendment of the Senate numbered 48, and agree to the same with an

amendment, as follows:

In lieu of the matter proposed by said

amendment insert:

SUSQUEHANNA RIVER BASIN COMMISSION

SALARIES AND EXPENSES

For expenses necessary to carry out the functions of the United States member of the Susquehanna River Basin Commission as authorized by

law (84 Stat. 1541), $318,000.
JOURNAL OF THE

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T137.12 OCTOBER 31

CONTRIBUTION TO SUSQUEHANNA RIVER BASIN

COMMISSION

For payment of the United States share of the

current expenses of the Susquehanna River

Basin Commission, as authorized by law (84

Stat. 1530, 1531), $250,000.

And the Senate agree to the same.

Amendment numbered 49:

That the House recede from its disagreement to the amendment of the Senate numbered 49, and agree to the same with an

amendment, as follows:

In lieu of the sum proposed by said amendment insert: $109,169,000; and the Senate

agree to the same.

Amendment numbered 50:

That the House recede from its disagreement to the amendment of the Senate numbered 50, and agree to the same with an

amendment, as follows:

In lieu of the matter proposed by said

amendment, insert: The Tennessee Valley Authority shall, not later than March 30, 1996,

submit to Congress a preliminary plan for funding the environmental research center from

sources other than direct appropriations to the

Tennessee Valley Authority after fiscal year

1996; and the Senate agree to the same.

Amendment numbered 51:

That the House recede from its disagreement to the amendment of the Senate numbered 51, and agree to the same with an

amendment, as follows:

In lieu of the matter stricken by said

amendment, insert:

SEC. 501. Section 510 of Public Law 101–514,

the Fiscal Year 1991 Energy and Water Development Appropriations Act, is repealed.

SEC. 502. Notwithstanding the provisions of

any other law, the report referred to in Title 30

of Public Law 102–575 shall be submitted within

five years from the date of enactment of that

Act.

And the Senate agree to the same.

Amendment numbered 52:

That the House recede from its disagreement to the amendment of the Senate numbered 52, and agree to the same with an

amendment, as follows:

In lieu of the matter stricken by said

amendment, insert:

SEC. 504. Section 4(a) of the Act entitled ‘‘An

Act to provide for the restoration of the fish and

wildlife in the Trinity River Basin, California,

and for other purposes’’, approved October 24,

1984 (98 Stat. 2723), is amended—

(a) in paragraph (1), by striking ‘‘October 1,

1995’’ and inserting in lieu thereof ‘‘October 1,

1996’’; and

(b) in paragraph (2), by striking ‘‘ten-year’’

and inserting in lieu thereof ‘‘eleven-year’’.

And the Senate agree to the same.

Amendment numbered 53:

That the House recede from its disagreement to the amendment of the Senate numbered 53, and agree to the same with an

amendment, as follows:

In lieu of the matter stricken by said

amendment, insert:

SEC. 507. In order to ensure the timely implementation of the Colorado Ute Indian Water

Rights Settlement Act of 1988, the Secretary of

the Interior is directed to proceed without delay

with construction of those facilities in conformance with the final Biological Opinion for the

Animas-La Plata project, Colorado and New

Mexico, dated October 25, 1991.

And the Senate agree to the same.

Amendment numbered 55:

That the House recede from its disagreement to the amendment of the Senate numbered 55, and agree to the same with an

amendment, as follows:

In lieu of the matter proposed by said

amendment, insert:

SEC. 508.

(a) DEFINITIONS.—In this section:

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the Administrator of the Bonneville Power Administration.

(2) COUNCIL.—The term ‘‘Council’’ means the

Northwest Power and Conservation Planning

Council.

(3) EXCESS FEDERAL POWER.—The term ‘‘excess Federal power’’ means such electric power

that has become surplus to the firm contractual

obligations of the Administrator under section

5(f) of the Pacific Northwest Electric Power

Planning Conservation Act (16 U.S.C. 839c(f))

due to either—

(A) any reduction in the quantity of electric

power that the Administrator is contractually

required to supply under subsections (b) and (d)

of section 5 of the Pacific Northwest Electric

Power Planning and Conservation Act (16

U.S.C. 839c), due to the election by customers of

the Bonneville Power Administration to purchase electric power from other suppliers, as

compared to the quantity of electric power that

the Administrator was contractually required to

supply as of January 1, 1995; or

(B) those operations of the Federal Columbia

River Power System that are primarily for the

benefit of fish and wildlife affected by the development, operation, or management of the System.

(b) SALE OF EXCESS FEDERAL POWER.—Notwithstanding section 2, subsections (a), (b), and

(c) of section 3, and section 7 of Public Law 88–

552 (16 U.S.C. 837a, 837b, and 837f), and section

9(c) of the Pacific Northwest Electric Power

Planning and Conservation Act (16 U.S.C.

839f(c)), the Administrator may, as permitted by

otherwise applicable law, sell or otherwise dispose of excess Federal power—

(1) outside the Pacific Northwest on a firm

basis for a contract term of not to exceed 7

years, if the excess Federal power is first offered

for a reasonable period of time and under the

same essential rate, terms and conditions to

those Pacific Northwest public body, cooperative

and investor-owned utilities and those direct

service industrial customers identified in subsection (b) or (d)(1)(A) of section 5 of the Pacific

Northwest Electric Power Planning and Conservation Act (16 U.S.C. 839c); and,

(2) in any region without the prohibition on

resale established by the second sentence of section 5(a) of the Act entitled ‘‘An Act to authorize the completion, maintenance, and operation

of Bonneville project for navigation, and for

other purposes’’, approved August 20, 1937 (commonly known as the ‘‘Bonneville Project Act of

1937’’) (16 U.S.C. 832d(a)).

(c) STUDY BY COUNCIL.—(1) Within 180 days of

enactment of this Act, the Council shall review

and report to Congress regarding the most appropriate governance structure to allow more effective regional control over efforts to conserve

and enhance anadromous and resident fish and

wildlife within the Federal Columbia River

Power System.

(d) CORPS OF ENGINEERS PROCUREMENT.—The

Assistant Secretary of the Army for Civil Works,

acting through the North Pacific Division of the

Corps of Engineers, is authorized to place orders

for goods and services related to facilities for

electric power generation and fish and wildlife

mitigation associated with the Federal Columbia

River Power System with and through the Administrator using the authorities available to

the Administrator.

(e) RESIDENTIAL EXCHANGE.—Notwithstanding

the establishment, confirmation and approval of

rates pursuant to 16 U.S.C. 839e, and notwithstanding the provisions of 16 U.S.C. 839c(c), the

cost benefits of eligible utilities’ total purchase

and exchange sales under 16 U.S.C. 839c(c)(1)

shall be $145,000,000 for Fiscal Year 1997, and

the net benefits paid to each eligible electric

utility shall be $145,000,000 multiplied by the

percentage of the total of such net benefits paid

by the Administrator to such utility for Fiscal

Year 1995.

(f) PERSONNEL FLEXIBILITY.—The Administrator may offer employees voluntary separation

incentives as deemed necessary which shall not

exceed $25,000. Recipients who accept employment with the United States within five years

after separation shall repay the entire amount

to the Bonneville Power Administration.

(g) SAVINGS.—Unless superseded by an Act of

Congress, the authority provided by this section

is expressly intended to extend beyond the fiscal

year.

And the Senate agree to the same.

Amendment numbered 56:

That the House recede from its disagreement to the amendment of the Senate numbered 56, and agree to the same with an

amendment, as follows:

In lieu of the matter proposed by said

amendment, insert:

SEC. 509. Section 7 of the Magnetic Fusion Energy Engineering Act (42 U.S.C. 9396) is repealed.

And the Senate agree to the same.

Amendment numbered 59:

That the House recede from its disagreement to the amendment of the Senate numbered 59, and agree to the same with an

amendment, as follows:

In lieu of the section number named in said

amendment, insert: 510; and the Senate agree

to the same.

JOHN T. MYERS,

HAROLD ROGERS,

JOE KNOLLENBERG,

FRANK RIGGS,

RODNEY P.

FRELINGHUYSEN,

JIM BUNN,

BOB LIVINGSTON,

TOM BEVILL,

VIC FAZIO,

JIM CHAPMAN,

Managers on the Part of the House.

PETE V. DOMENICI,

MARK O. HATFIELD,

THAD COCHRAN,

SLADE GORTON,

MITCH MCCONNELL,

ROBERT F. BENNETT,

CONRAD BURNS,

ROBERT C. BYRD,

FRITZ HOLLINGS,

HARRY REID,

BOB KERREY,

PATTY MURRAY,

Managers on the Part of the Senate.

When said conference report was considered.

After debate,

By unanimous consent, the previous

question was ordered on the conference

report to its adoption or rejection.

The question being put,

Will the House agree to said conference report?

The SPEAKER pro tempore, Mr.

UPTON, announced that pursuant to

clause 7 of rule XV the yeas and nays

were ordered, and the call was taken by

electronic device.

It was decided in the Yeas ....... 402 ! affirmative ................... Nays ...... 24

T137.12 [Roll No. 748]

YEAS—402

Abercrombie

Ackerman

Allard

Archer

Armey

Bachus

Baker (CA)

Baker (LA)

Baldacci

Ballenger

Barcia

Barr

Barrett (NE)

Bartlett

Barton

Bass

Bateman

Becerra

Bentsen

Berman

Bevill

Bilbray

Bilirakis

Bishop

Bliley

Blute

Boehlert

Boehner

Bonilla

Bonior

Bono

Borski

Boucher

Brewster

Browder

Brown (CA)

Brown (FL)

Brown (OH)

Brownback

Bryant (TN)

Bryant (TX)

Bunn

Bunning

Burr

Burton

Buyer

Callahan

Calvert