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[Journal of the House of Representatives, 1995]
[Tuesday, October 31, 1995 (137), Para 137.11 Energy and Water Appropriations, FY 1996]
[Pages 1806-1808]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.137.11  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--

[[Page 1807]]

       (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 
     non-Federal 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.

[[Page 1808]]

           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
```