S6754 CONGRESSIONAL RECORD — SENATE May 16, 1995

after the date of enactment of this subsection or 30 days after completion of the environmental review, whichever is earlier.

The President may make his determination

subject to such terms and conditions (other

than a volume limitation) as are necessary

or appropriate to ensure that the exportation is consistent with the national interest.

‘‘(2) Except in the case of oil exported to a

country pursuant to a bilateral international

oil supply agreement entered into by the

United States with the country before June

25, 1979, or to a country pursuant to the

International Emergency Oil Sharing Plan of

the International Energy Agency, any oil

transported by pipeline over right-of-way

granted pursuant to this section, shall, when

exported, be transported by a vessel documented under the laws of the United States

and owned by a citizen of the United States

(as determined in accordance with section 2

of the Shipping Act, 1916 (46 U.S.C. App. 802)).

‘‘(3) Nothing in this subsection shall restrict the authority of the President under

the Constitution, the International Emergency Economic Powers Act (50 U.S.C. 1701

et seq.), or the National Emergencies Act (50

U.S.C. 1601 et seq.) to prohibit exportation of

the oil.’’.

‘‘(4) The Secretary of Commerce shall issue

any rules necessary for implementation of

the President’s national interest determination within 30 days of the date of such determination by the President. The Secretary of

Commerce shall consult with the Secretary

of Energy in administering the provisions of

this subsection.

‘‘(5) If the Secretary of Commerce finds

that anticompetitive activity by a person exporting crude oil under authority of this subsection has caused sustained material crude

oil supply shortages or sustained crude oil

prices significantly above world market levels and further finds that these supply shortages or price increases have caused sustained

material adverse employment effects in the

United States, the Secretary of Commerce

may recommend to the President appropriate action against such person, which

may include modification of the authorization to export crude oil.

‘‘(6) Administrative action with respect to

an authorization under this subsection is not

subject to sections 551 and 553 through 559 of

title 5, United States Code.

‘‘SEC. 203. ANNUAL REPORT.

‘‘Section 103(f) of the Energy Policy and

Conservation Act (42 U.S.C. 6212(f)) is amended by adding at the end thereof the following:

‘‘In the first quarter report for each new

calendar year, the President shall indicate

whether independent refiners in Petroleum

Administration for Defense District V have

been unable to secure adequate supplies of

crude oil as a result of exports of Alaskan

North Slope crude oil in the prior calendar

year and shall make such recommendations

to the Congress as may be appropriate.’’.

‘‘SEC. 204. GAO REPORT.

‘‘The Comptroller General of the United

States shall conduct a review of energy production in California and Alaska and the effects of Alaskan North Slope crude oil exports, if any, on consumers, independent refiners, and shipbuilding and ship repair yards

on the West Coast. The Comptroller General

shall commence this review four years after

the date of enactment of this Act and, within

one year after commencing the review, shall

provide a report to the Committee on Energy

and Natural Resources in the Senate and the

Committee on Resources in the House of

Representatives. The report shall contain a

statement of the principal findings of the review and such recommendations for consideration by the Congress as may be appropriate.

‘‘SEC. 205. EFFECTIVE DATE.

‘‘This title and the amendments made by it

shall take effect on the date of enactment.’’.

AMENDMENT NO. 1082

‘‘TITLE II

‘‘SEC. 201. SHORT TITLE.

‘‘This title may be cited as ‘Trans-Alaska

Pipeline Amendment Act of 1995’.

‘‘SEC. 202. TAPS ACT AMENDMENTS.

‘‘Section 203 of the Act entitled the ‘TransAlaska Pipeline Authorization Act,’ as

amended (43 U.S.C. 1652), is amended by inserting the following new subsection (f):

‘‘(f) EXPORTS OF ALASKAN NORTH SLOPE

OIL.—

‘‘(1) Subject to paragraphs (2) through (6),

of this subsection and notwithstanding any

other provision of law (including any regulation), any oil transported by pipeline over

right-of-way granted pursuant to this section may be exported after October 31, 1995

unless the President finds that exportation

of this oil is not in the national interest. In

evaluating whether the proposed exportation

is in the national interest, the President—

‘‘(A) shall determine whether the proposed

exportation would diminish the total quantity or quality of petroleum available to the

United States; and

‘‘(B) shall conduct and complete an appropriate environmental review of the proposed

exportation, including consideration of appropriate measures to mitigate any potential

adverse effect on the environment, within six

months after the date of enactment of this

subsection.

The President shall make his national interest determination within five months after

the date of enactment of this subsection or

30 days after completion of the environmental review, whichever is earlier. The

President may make his determination subject to such terms and conditions (other

than a volume limitation) as are necessary

or appropriate to ensure that the exportation is consistent with the national interest.

‘‘(2) Except in the case of oil exported to a

country pursuant to a bilateral international

oil supply agreement entered into by the

United States with the country before June

25, 1979, or to a country pursuant to the

International Emergency Oil Sharing Plan of

the International Energy Agency, any oil

transported by pipeline over right-of-way

granted pursuant to this section, shall, when

exported, be transported by a vessel documented under the laws of the United States

and owned by a citizen of the United States

(as determined in accordance with section 2

of the Shipping Act, 1916 (46 U.S.C. App. 802)).

‘‘(3) Nothing in this subsection shall restrict the authority of the President under

the Constitution, the International Emergency Economic Powers Act (50 U.S.C. 1701

et seq.), or the National Emergencies Act (50

U.S.C. 1601 et seq.) to prohibit exportation of

the oil.’’.

‘‘(4) The Secretary of Commerce shall issue

any rules necessary for implementation of

the President’s national interest determination within 30 days of the date of such determination by the President. The Secretary of

Commerce shall consult with the Secretary

of Energy in administering the provisions of

this subsection.

‘‘(5) If the Secretary of Commerce finds

that anticompetitive activity by a person exporting crude oil under authority of this subsection has caused sustained material crude

oil supply shortages or sustained crude oil

prices significantly above world market levels and further finds that these supply shortages or price increases have caused sustained

material adverse employment effects in the

United States, the Secretary of Commerce

may recommend to the President appropriate action against such person, which

may include modification of the authorization to export crude oil.

‘‘(6) Administrative action with respect to

an authorization under this subsection is not

subject to sections 551 and 553 through 559 of

title 5, United States Code.

‘‘SEC. 203. ANNUAL REPORT.

‘‘Section 103(f) of the Energy Policy and

Conservation Act (42 U.S.C. 6212(f)) is amended by adding at the end thereof the following:

‘‘In the first quarter report for each new

calendar year, the President shall indicate

whether independent refiners in Petroleum

Administration for Defense District V have

been unable to secure adequate supplies of

crude oil as a result of exports of Alaskan

North Slope crude oil in the prior calendar

year and shall make such recommendations

to the Congress as may be appropriate.’’.

‘‘SEC. 204. GAO REPORT.

‘‘The Comptroller General of the United

States shall conduct a review of energy production in California and Alaska and the effects of Alaskan North Slope crude oil exports, if any, on consumers, independent refiners, ad shipbuilding and ship repair yards

on the West Coast. The Comptroller General

shall commence this review four years after

the date of enactment of this Act and, within

one year after commencing the review, shall

provide a report to the Committee on Energy

and Natural Resources in the Senate and the

Committee on Resources in the House of

Representatives. The report shall contain a

statement of the principal findings of the review and such recommendations for consideration by the Congress as may be appropriate.

‘‘SEC. 205. EFFECTIVE DATE.

‘‘This title and the amendments made by it

shall take effect on the date of enactment.’’.

THE SOLID WASTE DISPOSAL ACT

fOF 1995

KEMPTHORNE AMENDMENT NO.

1083

Mr. CHAFEE (for Mr. KEMPTHORNE)

proposed an amendment to the bill (S.

534) to amend the Solid Waste Disposal

Act to provide authority for States to

limit the interstate transportation of

municipal solid waste, and for other

purposes; as follows:

On page 35, line 5, after the word, ‘‘agreements’’, insert the words, ‘‘or permits authorizing receipt of out-of-State municipal

solid waste’’.

On page 45, lines 15 and 16, after the word,

‘‘tax’’, strike the words, ‘‘assessed against or

voluntarily’’; on lines 16 and 17, after the

word, ‘‘subdivision’’, insert the following: ‘‘,

or to the extent that the amount of the surcharge is offset by voluntarily agreed payments to a State or its political subdivision’’.

THE ALASKA POWER ADMINISTRATION SALE ACT TRANS-ALASKA

fPIPELINE AMENDMENT ACT OF

1995

MURRAY AMENDMENTS NOS. 1084–

1091

(Ordered to lie on the table.)
May 16, 1995 CONGRESSIONAL RECORD — SENATE S6755

Mrs. MURRAY submitted eight

amendments intended to be proposed

by her to the bill S. 395, supra; as follows:

AMENDMENT NO. 1084

On page 17, strike lines 9 through 11 and insert the following:

SEC. 9. LICENSES AUTHORIZING EXPORTS.

Any license that is required under any law

authorizing an export of Alaskan North

Slope oil under section 203(f) of the TransAlaska Pipeline Authorization Act, as added

by section 202, shall not be made effective as

of any date that is earlier than January 1,

1997.

AMENDMENT NO. 1085

On page 14, strike line 15 and all that follows through page 17.

AMENDMENT NO. 1086

At the appropriate place, insert the following:

SEC. . OIL POLLUTION PREVENTION AND EMERGENCY TOWING AND RESCUE VESSEL.

(a) IN GENERAL.—The Secretary of Transportation shall purchase, by not later than

January 1, 1996, and cause to be refurbished,

equipped, crewed, and placed in operation by

the Coast Guard, by not later than July 1,

1996, a vessel to be used for oil spill prevention and protection of the Olympic Coast National Marine Sanctuary and for emergency

towing and rescue operations in the Strait of

Juan de Fuca and the adjacent Pacific coast.

(b) PAYMENT OUT OF THE OIL SPILL LIABILITY TRUST FUND.—The Secretary of Transportation shall pay, out of the Oil Spill Liability Trust Fund established by section

9509 of the Internal Revenue Code of 1986—

(1) not more than $10,000,000 for the purchase, refurbishment, and equipping of the

vessel under subsection (a); and

(2) not more than $5,000,000 for the maintenance and operation of the vessel for a period

of 5 years.

(c) CAPABILITIES.—The vessel provided

under subsection (a) shall be capable of providing—

(1) emergency towing service to a vessel of

up to 265,000 deadweight tons;

(2) initial oil spill response, a platform for

initial salvage assessment, marine fire fighting response and support, and intervention

support for the Coordinated Vessel Traffic

Service; and

(3) enforcement support for the Department of Fisheries and National Oceanic and

Atmospheric Agency.

AMENDMENT NO. 1087

On page 15, between lines 5 and 6 insert the

following:

‘‘(2)(A) No license that is required under

any law authorizing an export of oil under

this subsection may be granted unless the

Secretary of Commerce, based on advice

from the Attorney General, makes and publishes a finding that the export will not have

an anticompetitive effect that is likely to

harm independent refiners or consumers.

‘‘(B) A license described in subparagraph

(A) shall have a duration of not longer than

1 year, and any renewal or extension of such

a license shall be based on a new finding

made and published in accordance with subparagraph (A).

‘‘(C) A license described in subparagraph

(A) shall be revoked if the Secretary of Commerce determines, based on advice from the

Attorney General, that the finding on which

the license is based is no longer valid.

AMENDMENT NO. 1088

On page 15, between lines 5 and 6 insert the

following:

‘‘(2) The total average daily volume of exports allowed under this subsection in any

calendar year shall be limited to the portion

of the oil delivered through the trans-Alaska

oil pipeline system that—

‘‘(A) is owned by the State of Alaska; or

‘‘(B) is in excess of the following amounts:

‘‘(i) 1,600,000 barrels per calendar day in

1995.

‘‘(ii) 1,500,000 barrels per calendar day in

1996.

‘‘(iii) 1,400,000 barrels per calendar day in

1997.

‘‘(v) 1,600,000 barrels per calendar day in

1998.

‘‘(vi) Such an amount per calendar day in

any year after 1998 as the President determines to be in the national interest.

AMENDMENT NO. 1089

On page 15, strike lines 6 through 16 and insert the following:

‘‘(2)(A) Except in the case of oil exported to

a country pursuant to a bilateral international oil supply agreement entered into

by the United States with the country before

June 25, 1979, or to a country pursuant to the

International Emergency Oil Sharing Plan of

the International Energy Agency, and subject to subparagraph (B), oil exported under

this subsection shall be transported by a vessel documented under the laws of the United

States that is eligible to engage in the coastwise trade.

‘‘(B) A vessel shall not be eligible to transport oil under this subsection if, during a

voyage on which such oil is transported, any

repair on the vessel is performed in a foreign

shipyard other than an emergency repair

that is necessary in order to allow the vessel

to complete the voyage safely.

‘‘(3) Any license that is required under any

law authorizing an export of Alaskan North

Slope oil under this subsection shall not be

made effective as of any date that is earlier

than January 1, 1997.

AMENDMENT NO. 1090

At the appropriate place, add the following

new title:

TITLE ll—JUSTICE FOR WARDS COVE

WORKERS ACT

SEC. ll. APPLICATION OF CIVIL RIGHTS PROTECTIONS.

(a) SHORT TITLE.—This title may be cited

as the ‘‘Justice for Wards Cove Workers

Act’’.

(b) AMENDMENTS.—Section 402 of the Civil

Rights Act of 1991 (42 U.S.C. 1981 note) is

amended—

(1) in subsection (a) by striking ‘‘(a) IN

GENERAL.—’’; and

(2) by striking subsection (b).

(c) APPLICATION AND CONSTRUCTION.—

(1) APPLICATION.—For purposes of determining the application of the amendments

made by the Civil Rights Act of 1991, such

amendments shall apply to a case that was

subject to section 402(b) of the Civil Rights

Act of 1991 (as in effect on the day before the

date of enactment of this Act) in the same

manner and to the same extent as such

amendments apply to any case brought

under title VII of the Civil Rights Act of 1964

(42 U.S.C. 2000e et seq.) that was not subject

to section 402(b) of the Civil Rights Act of

1991.

(2) CONSTRUCTION.—Nothing in this title

shall be construed to alter, or shall be considered to be evidence of, congressional intent regarding the application of such

amendments to any case that was not subject to section 402(b) of the Civil Rights Act

of 1991.

AMENDMENT NO. 1091

At the end of the bill, add the following:

TITLE III—UNITED STATES CRUISE

VESSELS

SEC. 301. SHORT TITLE.

This title may be cited as the ‘‘United

States Cruise Vessel Development Act of

1995’’.

SEC. 302. PURPOSE.

The purpose of this title is to promote construction and operation of United States flag

cruise vessels in the United States.

SEC. 303. COASTWISE TRANSPORTATION OF PASSENGERS.

Section 8 of the Act entitled ‘‘An Act to

abolish certain fees for official services to

American vessels, and to amend the laws relating to shipping commissioners, seamen,

and owners of vessels, and for other purposes’’, approved June 19, 1886 (24 Stat. 81,

chapter 421; 46 App. U.S.C. 289), is amended

to read as follows:

‘‘SEC. 8. COASTWISE TRANSPORTATION OF PASSENGERS.

‘‘(a) IN GENERAL.—Except as otherwise provided by law, a vessel may transport passengers in coastwise trade only if—

‘‘(1) the vessel is owned by a person that

is—

‘‘(A) an individual who is a citizen of the

United States; or

‘‘(B) a corporation, partnership, or association that is a citizen of the United States

under section 2(a) of the Shipping Act, 1916

(46 App. U.S.C. 802(a));

‘‘(2) the vessel meets the requirements of

section 27 of the Merchant Marine Act, 1920

(46 App. U.S.C. 883); and

‘‘(3) for a vessel that is at least 5 net tons,

the vessel is issued a certificate of documentation under chapter 121 of title 46, United States Code, with a coastwise endorsement.

‘‘(b) EXCEPTION FOR VESSEL UNDER DEMISE

CHARTER.—

‘‘(1) IN GENERAL.—Subsection (a)(1) does

not apply to a cruise vessel operating under

a demise charter that—

‘‘(A) has a term of at least 18 months; and

‘‘(B) is to a person described in subsection

(a)(1).

‘‘(2) EXTENSION OF PERIOD FOR OPERATION.—

A cruise vessel authorized to operate in

coastwise trade under paragraph (1) based on

a demise charter described in paragraph (1)

may operate in that coastwise trade during a

period following the termination of the charter of not more than 6 months, if the operation—

‘‘(A) is approved by the Secretary; and

‘‘(B) is in accordance with such terms as

may be prescribed by the Secretary for that

approval.

‘‘(c) EXCEPTION FOR VESSEL TO BE

REFLAGGED.—

‘‘(1) EXCEPTION.—Subsection (a)(2) and section 12106(a)(2)(A) of title 46, United States

Code, do not apply to a cruise vessel if—

‘‘(A) the vessel—

‘‘(i) is not documented under chapter 121 of

title 46, United States Code, on the date of

enactment of the United States Cruise Vessel Development Act of 1995; and

‘‘(ii) is not less than 5 years old and not

more than 15 years old on the first date that

the vessel is documented under that chapter

after that date of enactment; and

‘‘(B) the owner or charterer of the vessel

has entered into a contract for the construction in the United States of another cruise

vessel that has a total berth or stateroom

capacity that is at least 80 percent of the capacity of the cruise vessel.

‘‘(2) TERMINATION OF AUTHORITY TO OPERATE.—Paragraph (1) does not apply to a vessel after the date that is 18 months after the

date on which a certificate of documentation

with a coastwise endorsement is first issued

for the vessel after the date of enactment of
S6756 CONGRESSIONAL RECORD — SENATE May 16, 1995

the United States Cruise Vessel Development

Act of 1995 if, before the end of that 18-month

period, the keel of another vessel has not

been laid, or another vessel is not at a similar stage of construction, under a contract

required for the vessel under paragraph

(1)(B).

‘‘(3) EXTENSION OF PERIOD BEFORE TERMINATION.—The Secretary of Transportation

may extend the 18-month period under paragraph (2) for an additional period of not to

exceed 6 months for good cause shown.

‘‘(d) LIMITATION ON OPERATIONS.—A person

(including a related person with respect to

that person) who owns or charters a cruise

vessel operating in coastwise trade under

subsection (b) or (c) under a coastwise endorsement may not operate any vessel between—

‘‘(1) any 2 ports served by another cruise

vessel that transports passengers in coastwise trade under subsection (a) on the date

the Secretary issues the coastwise endorsement; or

‘‘(2) any of the islands of Hawaii.

‘‘(e) PENALTIES.—

‘‘(1) CIVIL PENALTY.—A person operating a

vessel in violation of this section shall be

liable to the United States Government for a

civil penalty of $1,000 for each passenger

transported in violation of this section.

‘‘(2) FORFEITURE.—A vessel operated in

knowing violation of this section, and its

equipment, shall be liable to seizure by and

forfeiture to the United States Government.

‘‘(3) DISQUALIFICATION FROM COASTWISE

TRADE.—A person that is required to enter

into a construction contract under subsection (c)(1)(B) with respect to a cruise vessel (including any related person with respect to that person) may not own or operate

any vessel in coastwise trade after the period

applicable under subsection (c)(2) with respect to the cruise vessel, if before the end of

that period a keel is not laid and a similar

stage of construction is not reached under

such a contract.

‘‘(f) DEFINITIONS.—For the purposes of this

section, the following definitions shall apply:

‘‘(1) COASTWISE TRADE.—The term ‘coastwise trade’ includes transportation of a passenger between points in the United States,

either directly or by way of a foreign port.

‘‘(2) CRUISE VESSEL.—The term ‘cruise vessel’ means a vessel that—

‘‘(A) is at least 10,000 gross tons (as measured under chapter 143 of title 46, United

States Code);

‘‘(B) has berth or stateroom accommodations for at least 200 passengers; and

‘‘(C) is not a ferry.

‘‘(3) RELATED PERSON.—The term ‘related

person’ means, with respect to a person—

‘‘(A) a holding company, subsidiary, affiliate, or association of the person; and

‘‘(B) an officer, director, or agent of the

person or of an entity referred to in subparagraph (A).’’.

SEC. 304. CONSTRUCTION STANDARDS.

Section 3309 of title 46, United States Code,

is amended by adding at the end the following new subsection:

‘‘(d)(1) A vessel described in paragraph (3)

is deemed to comply with this part and part

C of this subtitle.

‘‘(2) The Secretary shall issue a certificate

of inspection under subsection (a) to a vessel

described in paragraph (3).

‘‘(3) A vessel is described in this paragraph

if—

‘‘(A) the vessel meets the standards and

conditions for the issuance of a control verification certificate to a foreign vessel embarking passengers in the United States;

‘‘(B) a coastwise endorsement is issued for

the vessel under section 12106 after the date

of enactment of the United States Cruise

Vessel Development Act of 1995; and

‘‘(C) the vessel is authorized to engage in

coastwise trade by reason of subsection (c) of

section 8 of the Act entitled ‘An Act to abolish certain fees for official services to American vessels, and to amend the laws relating

to shipping commissioners, seamen, and

owners of vessels, and for other purposes’,

approved June 19, 1886 (24 Stat. 81, chapter

421; 46 App. U.S.C. 289).’’.

SEC. 305. CITIZENSHIP FOR PURPOSES OF DOCUMENTATION.

Section 2 of the Shipping Act, 1916 (46 App.

U.S.C. 802), is amended—

(1) in subsection (a) by inserting ‘‘other

than primarily in the transport of passengers,’’ after ‘‘the coastwise trade’’; and

(2) by adding at the end the following new

subsection:

‘‘(e) For purposes of determining citizenship under subsection (a) with respect to operation of a vessel primarily in the transport

of passengers in coastwise trade, the controlling interest in a partnership or association

that owns the vessel shall not be deemed to

be owned by citizens of the United States unless a majority interest in the partnership or

association is owned by citizens of the United States free from any trust or fiduciary obligation in favor of any person that is not a

citizen of the United States.’’.

SEC. 306. AMENDMENT TO TITLE XI OF THE MERCHANT MARINE ACT, 1936.

Section 1101(b) of the Merchant Marine

Act, 1936 (46 App. U.S.C. 1271(b)) is amended

by striking ‘‘passenger cargo’’ and inserting

‘‘passenger, cargo,’’.

SEC. 307. PERMITS FOR VESSELS ENTERING

UNITS OF NATIONAL PARK SYSTEM.

(a) PRIORITY.—Notwithstanding any other

provision of law, the Secretary of the Interior may not permit a person to operate a

vessel in any unit of the National Park System except in accordance with the following

priority:

(1) First, any person that—

(A) will operate a vessel that is documented under the laws of, and the home port

of which is located in, the United States; or

(B) holds rights to provide visitor services

under section 1307(a) of the Alaska National

Interest Lands Conservation Act (16 U.S.C.

3197(a)).

(2) Second, any person that will operate a

vessel that—

(A) is documented under the laws of a foreign country, and

(B) on the date of the enactment of this

Act is permitted to be operated by the person in the unit.

(3) Third, any person that will operate a

vessel other than a vessel described in paragraph (1) or (2).

(b) REVOCATION OF PERMITS FOR FOREIGNDOCUMENTED VESSELS.—The Secretary of the

Interior shall revoke or refuse to renew permission granted by the Secretary for the operation of a vessel documented under the

laws of a foreign country in a unit of the National Park System, if—

(1) a person requests permission to operate

a vessel documented under the laws of the

United States in that unit; and

(2) the permission may not be granted because of a limit on the number of permits

that may be issued for that operation.

(c) RESTRICTIONS ON REVOCATION OF PERMITS.—The Secretary of the Interior may not

revoke or refuse to renew permission under

subsection (b) for any person holding rights

to provide visitor services under section

1307(a) of the Alaska National Interest Lands

Conservation Act (16 U.S.C. 3197(a)).

(d) RETURN OF PERMITS.—Any person whose

permission to provide visitors services in a

unit of the National Park System has been

revoked or not renewed under subsection (b)

shall have the right of first refusal to a permit to provide visitors services in that unit

of the National Park System that becomes

available when the conditions described in

subsection (b) no longer apply. Such right

shall be limited to the number of permits

which are revoked or not renewed.

DOMENICI (AND OTHERS)

AMENDMENT NO. 1092

Mr. DOMENICI (for himself, Mr.

KEMPTHORNE, and Mr. SMITH) proposed

an amendment to the bill S. 534, supra;

as follows:

On page 69, line 22, strike ‘‘ ‘‘.’’

On page 69, between lines 22 and 23, insert

the following new provision:

‘‘(5) FURTHER REVISIONS OF GUIDELINES AND

CRITERIA.—Not later than April 9, 1997, the

Administrator shall promulgate revisions to

the guidelines and criteria promulgated

under this subchapter to allow states to promulgate alternate design, operating, landfill

gas monitor, financial assurance, and closure

requirements for landfills which receive 20

tons or less of municipal solid waste per day

based on an annual average, provided that

such alternate requirements are sufficient to

protect human health and the environment.’’.

HATFIELD AMENDMENT NO. 1093

(Ordered to lie on the table.)

Mr. HATFIELD submitted an amendment intended to be proposed by him

to the bill S. 395, supra; as follows:

At the appropriate place in title II, add the

following new section:

SEC. . RETIREMENT OF CERTAIN COSTS INCURRED FOR THE CONSTRUCTION

OF NON-FEDERAL PUBLICLY OWNED

SHIPYARDS.

(a) IN GENERAL.—The Secretary of Energy

shall—

(1) deposit proceeds of sales out of the

Naval Petroleum Reserve in a special account in amounts sufficient to make payments under subsections (b) and (c); and

(2) out of the account described in paragraph (1), provide, in accordance with subsections (b) and (c), financial assistance to a

port authority that—

(A) manages a non-Federal publicly owned

shipyard on the United States west coast

that is capable of handling very large crude

carrier tankers; and

(B) has obligations outstanding as of May

15, 1995, that were issued on June 1, 1977, and

are related to the acquisition of non-Federal

publicly owned dry docks that were originally financed through public bonds.

(b) ACQUISITION AND REFURBISHMENT OF INFRASTRUCTURE.—The Secretary shall provide, for acquisition of infrastructure and refurbishment of existing infrastructure,

$10,000,000 in fiscal year 1996.

(c) RETIREMENT OF OBLIGATIONS.—The Secretary shall provide, for retirement of obligations outstanding as of May 15, 1995, that

were issued on June 1, 1977, and are related

to the acquisition of non-Federal publicly

owned dry docks that were originally financed through public bonds—

(1) $6,000,000 in fiscal year 1996;

(2) $13,000,000 in fiscal year 1997;

(3) $10,000,000 in fiscal year 1998;

(4) $8,000,000 in fiscal year 1999;

(5) $6,000,000 in fiscal year 2000;

(6) $3,500,000 in fiscal year 2001; and

(7) $3,500,000 in fiscal year 2002.

DASCHLE (AND OTHERS)

AMENDMENT NO. 1094

(Ordered to lie on the table.)
May 16, 1995 CONGRESSIONAL RECORD — SENATE S6757

Mr. DASCHLE (for himself, Mr. BAUCUS, Mr. WELLSTONE, and Mr. DORGAN)

submitted an amendment intended to

be proposed by them to the bill S. 395,

supra; as follows:

On page 14, between lines 14 and 15 insert

the following:

SEC. 104. DECLARATION CONCERNING OTHER

HYDROELECTRIC PROJECTS AND

THE POWER MARKETING ADMINISTRATIONS.

Congress declares that—

(1) the circumstances that justify authorization by Congress of the sale of hydroelectric projects under section 102 are unique

to those projects and do not pertain to other

hydroelectric projects or to the power marketing administrations in the 48 contiguous

States; and

(2) accordingly, the enactment of section

102 should not be understood as lending support to any proposal to sell any other hydroelectric project or the power marketing administrations.

HARKIN (AND AKAKA)

AMENDMENT NO. 1095

(Ordered to lie on the table.)

Mr. HARKIN (for himself and Mr.

AKAKA) submitted an amendment intended to be proposed by them to the

bill S. 395, supra; as follows:

At the appropriate place, insert the following:

TITLE III

SECTION 301. SHORT TITLE.

This Act may be cited as the ‘‘Hydrogen

Future Act of 1995’’.

SEC. 302. FINDINGS.

Congress finds that—

(1) fossil fuels, the main energy source of

the present, have provided this country with

tremendous supply but are limited;

(2) additional research, development, and

demonstration are needed to encourage private sector investment in development of

new and better energy sources and enabling

technologies;

(3) hydrogen holds tremendous promise as

a fuel because it can be extracted from water

and can be burned much more cleanly than

conventional fuels;

(4) hydrogen production efficiency is a

major technical barrier to society’s collectively benefiting from 1 of the great energy

carriers of the future;

(5) an aggressive, results-oriented,

multiyear research initiative on efficient hydrogen fuel production and use should be

maintained; and

(6) the current Federal effort to develop

hydrogen as a fuel is inadequate.

SEC. 303. PURPOSES.

The purposes of this Act are—

(1) to provide for a research, development,

and demonstration program leading to the

production, storage, transport, and use of hydrogen for industrial, residential, transportation, and utility applications; and

(2) to provide advice from academia and

the private sector in the implementation of

the Department of Energy’s hydrogen research, development, and demonstration program to ensure that economic benefits of the

program accrue to the United States.

SEC. 304. DEFINITIONS.

In this Act:

(1) DEPARTMENT.—The term ‘‘Department’’

means the Department of Energy.

(2) SECRETARY.—The term ‘‘Secretary’’

means the Secretary of Energy.

SEC. 305. RESEARCH AND DEVELOPMENT.

(a) AUTHORIZED ACTIVITIES.—

(1) IN GENERAL.—Pursuant to this section,

the Spark M. Matsunaga Hydrogen Research,

Development, and Demonstration Act of 1990

(42 U.S.C. 12401 et seq.), and section 2026 of

the Energy Policy Act of 1992 (42 U.S.C.

13436), and in accordance with the purposes

of this Act, the Secretary shall conduct a hydrogen energy research, development, and

demonstration program relating to production, storage, transportation, and use of hydrogen, with the goal of enabling the private

sector to demonstrate the feasibility of using

hydrogen for industrial, residential, transportation, and utility applications.

(2) PRIORITIES.—In establishing priorities

for Federal funding under this section, the

Secretary shall survey private sector hydrogen activities and take steps to ensure that

activities under this section do not displace

or compete with the privately funded hydrogen activities of the United States industry.

(b) SCHEDULE.—

(1) SOLICITATION.—Not later than 180 days

after the date of the enactment of an Act

providing appropriations for programs authorized by this Act, the Secretary shall solicit proposals from all interested parties for

research and development activities authorized under this section.

(2) DEPARTMENT FACILITY.—The Secretary

may consider, on a competitive basis, a proposal from a contractor that manages and

operates a department facility under contract with the Department, and the contractor may perform the work at that facility or

any other facility.

(3) AWARD.—Not later than 180 days after

proposals are submitted, if the Secretary

identifies 1 or more proposals that are worthy of Federal assistance, the Secretary

shall award financial assistance under this

section competitively, using peer review of

proposals with appropriate protection of proprietary information.

(c) COST SHARING.—

(1) RESEARCH.—

(A) IN GENERAL.—In the case of a research

proposal, the Secretary shall require a commitment from non-Federal sources of at

least 25 percent of the cost of the program.

(B) BASIC OR FUNDAMENTAL NATURE.—The

Secretary may reduce or eliminate the nonFederal requirement under subparagraph (A)

if the Secretary determines that the research and development are of such a purely

basic or fundamental nature that a non-Federal commitment is not obtainable.

(2) DEVELOPMENT AND DEMONSTRATION.—

(A) IN GENERAL.—In the case of a development or demonstration proposal, the Secretary shall require a commitment from nonFederal sources of at least 50 percent of the

costs that directly and specifically relate to

the program.

(B) TECHNOLOGICAL RISKS.—The Secretary

may reduce the non-Federal requirement

under subparagraph (A) if the Secretary determines that—

(i) the reduction is necessary and appropriate considering the technological risks involved in the project; and

(ii) the reduction serves the purpose and

goals of this Act.

(3) NATURE OF NON-FEDERAL COMMITMENT.—

In calculating the amount of the non-Federal

commitment under paragraph (1) or (2), the

Secretary shall include cash and the fair

market value of, personnel, services, equipment, and other resources.

(d) CONSULTATION AND CERTIFICATIONS.—

Before financial assistance is provided under

this section or the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 (42 U.S.C. 12401 et

seq.)—

(1) the Secretary shall determine, in consultation with the United States Trade Representative and the Secretary of Commerce,

that the terms and conditions under which

financial assistance is provided are consistent with the Agreement on Subsidies and

Countervailing Measures referred to in section 101(d)(12) of the Uruguay Round Agreement Act (19 U.S.C. 3511(d)(12)); and

(2) an industry participant shall be required to certify that—

(A) the participant has made reasonable efforts to obtain non-Federal funding for the

entire cost of the project; and

(B) full non-Federal funding could not be

reasonably obtained.

(e) DUPLICATION OF PROGRAMS.—The Secretary shall not carry out any activity under

this section that unnecessarily duplicates an

activity carried out by another government

agency or the private sector.

SEC. 306. TECHNOLOGY TRANSFER.

(a) EXCHANGE.—The Secretary shall foster

the exchange of generic, nonproprietary information and technology developed pursuant to section 5 among industry, academia,

and government agencies.

(b) ECONOMIC BENEFITS.—The Secretary

shall ensure that economic benefits of the

exchange of information and technology will

accrue to the United States economy.

SEC. 307. REPORTS TO CONGRESS.

(a) IN GENERAL.—Not later than 18 months

after the date of enactment of this Act, and

annually thereafter, the Secretary shall

transmit to Congress a detailed report on the

status and progress of the Department’s hydrogen research and development program.

(b) CONTENTS.—A report under subsection

(a) shall include—

(1) an analysis of the effectiveness of the

program, to be prepared and submitted by

the Hydrogen Technical Advisory Panel established under section 108 of the Spark M.

Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 (42

U.S.C. 12407); and

(2) recommendations of the Panel for any

improvements in the program that are if

needed, including recommendations for additional legislation.

SEC. 308. COORDINATION AND CONSULTATION.

(a) COORDINATION WITH OTHER FEDERAL

AGENCIES.—The Secretary shall—

(1) coordinate all hydrogen research and

development activities in the Department

with the activities of other Federal agencies,

including the Department of Defense, the Department of Transportation, and the National Aeronautics and Space Administration, that are engaged in similar research

and development; and

(2) pursue opportunities for cooperation

with those Federal entities.

(b) CONSULTATION.—The Secretary shall

consult with the Hydrogen Technical Advisory Panel established under section 108 of

the Spark M. Matsunaga Hydrogen Research,

development, and Demonstration Act of 1990

(42 U.S.C. 12407) as necessary in carrying out

this Act.

SEC. 309. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to

carry out this Act—

(1) $25,000,000 for fiscal year 1996;

(2) $35,000,000 for fiscal year 1997; and

(3) $40,000,000 for fiscal year 1998.

JOHNSTON AMENDMENT NO. 1096

(Ordered to lie on the table.)

Mr. JOHNSTON submitted an amendment intended to be proposed by him

to the bill S. 395, supra; as follows:

Insert the following new title III:

TITLE III—OUTER CONTINENTAL SHELF

DEEP WATER ROYALTY RELIEF

SEC. 301.—This title may be referred to as

the ‘‘Outer Continental Shelf Deep Water

Royalty Relief Act’’.
S6758 CONGRESSIONAL RECORD — SENATE May 16, 1995

SEC. 302. AMENDMENTS TO THE OUTER CONTINENTAL SHELF LANDS ACT.—Section 8(a) of

the Outer Continental Shelf Lands Act, (43

U.S.C. 1337(a)(3)), is amended by striking

paragraph (3) in its entirety and inserting

the following:

‘‘(3)(A) The Secretary may, in order to—

‘‘(i) promote development or increased production on producing or non-producing

leases; or

‘‘(ii) encourage production of marginal resources on producing or non-producing

leases; through primary, secondary, or tertiary recovery means, reduce or eliminate

any royalty or net profit share set forth in

the lease(s). With the lessee’s consent, the

Secretary may make other modifications to

the royalty or net profit share terms of the

lease in order to achieve these purposes.

‘‘(B)(i) Notwithstanding the provisions of

this Act other than this subparagraph, with

respect to any lease or unit in existence on

the date of enactment of the Outer Continental Shelf Deep Water Royalty Relief Act

meeting the requirements of this subparagraph, no royalty payments shall be due on

new production, as defined in clause (iv) of

this subparagraph, from any lease or unit located in water depths of 200 meters or greater in the Western and Central Planning

Areas of the Gulf of Mexico, including that

portion of the Eastern Planning Area of the

Gulf of Mexico encompassing whole lease

blocks lying west of 87 degrees, 30 minutes

West longitude, until such volume of production as determined pursuant to clause (ii)

has been produced by the lessee.

‘‘(ii) Upon submission of a complete application by the lessee, the Secretary shall determine within 180 days of such application

whether new production from such lease or

unit would be economic in the absence of the

relief from the requirement to pay royalties

provided for by clause (i) of this subparagraph. In making such determination, the

Secretary shall consider the increased technological and financial risk of deep water development and all costs associated with exploring, developing, and producing from the

lease. The lessee shall provide information

required for a complete application to the

Secretary prior to such determination. The

Secretary shall clearly define the information required for a complete application

under this section. Such application may be

made on the basis of an individual lease or

unit. If the Secretary determines that such

new production would be economic in the absence of the relief from the requirement to

pay royalties provided for by clause (i) of

this subparagraph, the provisions of clause

(i) shall not apply to such production. If the

Secretary determines that such new production would not be economic in the absence of

the relief from the requirement to pay royalties provided for by clause (i), the Secretary

must determine the volume of production

from the lease or unit on which no royalties

would be due in order to make such new production economically viable; except that for

new production as defined in clause (iv) (aa),

in no case will that volume be less than 17.5

million barrels of oil equivalent in water

depths of 200 to 400 meters, 52.5 million barrels of oil equivalent in 400–800 meters of

water, and 87.5 million barrels of oil equivalent in water depths greater than 800 meters.

Redetermination of the applicability of

clause (i) shall be undertaken by the Secretary when requested by the lessee prior to

the commencement of the new production

and upon significant change in the factors

upon which the original determination was

made. The Secretary shall make such redetermination within 120 days of submission of

a complete application. The Secretary may

extend the time period for making any determination or redetermination under this

clause for 30 days, or longer if agreed to by

the applicant, if circumstances so warrant.

The lessee shall be notified in writing of any

determination or redetermination and the

reasons for and assumptions used for such

determination. Any determination or redetermination under this clause shall be a final

agency action. The Secretary’s determination or redetermination shall be judicially

reviewable under section 10(a) of the Administrative Procedures Act, 5 U.S.C. Sec. 702,

only for action filed within 30 days of the

Secretary’s determination or redetermination.

‘‘(iii) In the event that the Secretary fails

to make the determination or redetermination called for in clause (ii) upon application

by the lessee within the time period, together with any extension thereof, provided

for by clause (ii), no royalty payments shall

be due on new production as follows:

‘‘(I) For new production, as defined in

clause (iv)(I) of this subparagraph, no royalty shall be due on such production according to the schedule of minimum volumes

specified in clause (ii) of this subparagraph.

‘‘(II) For new production, as defined in

clause (iv)(II) of this subparagraph, no royalty shall be due on such production for one

year following the start of such production.

‘‘(iv) For purposes of this subparagraph,

the term ‘new production’ is—

‘‘(I) any production from a lease from

which no royalties are due on production,

other than test production, prior to the date

of enactment of the Outer Continental Shelf

Deep Water Royalty Relief Act; or

‘‘(II) any production resulting from lease

development activities pursuant to a Development Operations Coordination Document,

or supplement thereto that would expand

production significantly beyond the level anticipated in the Development Operations Coordination Document, approved by the Secretary after the date of enactment of the

Outer Continental Shelf Deep Water Royalty

Relief Act.

‘‘(v) During the production of volumes determined pursuant to clauses (ii) or (iii) of

this subparagraph, in any year during which

the arithmetic average of the closing prices

on the New York Mercantile Exchange for

Light Sweet crude oil exceeds $28.00 per barrel, any production of oil will be subject to

royalties at the lease stipulated royalty

rate. Any production subject to this clause

shall be counted toward the production volume determined pursuant to clause (ii) or

(iii). Estimated royalty payments will be

made if such average of the closing prices for

the previous year exceeds $28.00. After the

end of the calendar year, when the new average price can be calculated, lessees will pay

any royalties due, with interest but without

penalty, or can apply for a refund, with interest, of any overpayment.

‘‘(vi) During the production of volumes determined pursuant to clause (ii) or (iii) of

this subparagraph, in any year during which

the arithmetic average of the closing prices

on the New York Mercantile Exchange for

natural gas exceeds $3.50 per million British

thermal units, any production of natural gas

will be subject to royalties at the lease stipulated royalty rate. Any production subject

to this clause shall be counted toward the

production volume determined pursuant to

clauses (ii) or (iii). Estimated royalty payments will be made if such average of the

closing prices for the previous year exceeds

$3.50. After the end of the calendar year,

when the new average price can be calculated, lessees will pay any royalties due,

with interest but without penalty, or can

apply for a refund, with interest, of any overpayment.

‘‘(vii) The prices referred to in clauses (v)

and (vi) of this subparagraph shall be

changed during any calendar year after 1994

by the percentage, if any, by which the implicit price deflator for the gross domestic

product changed during the preceding calendar year.’’

SEC. 303. NEW LEASES—

Section 8(a)(1) of the Outer Continental

Shelf Lands Act, as amended, (43 U.S.C. 1337

(a)(1)) is amended as follows:

(1) Redesignate section 8(a)(1)(H) as section

8(a)(1)(I); and

(2) Add a new section 8(a)(1)(H) as follows:

‘‘(H) cash bonus bid with royalty at no less

than 12 and 1⁄2 per centum fixed by the Secretary in amount or value of production

saved, removed, or sold, and with suspension

of royalties for a period, volume, or value of

production determined by the Secretary.

Such suspensions may vary based on the

price of production from the lease.’’

SEC. 304. LEASE SALES.—For all tracts located in water depths of 200 meters or greater in the Western and Central Planning

Areas of the Gulf of Mexico, including that

portion of the Eastern Planning Area of the

Gulf of Mexico encompassing whole lease

blocks lying west of 87 degrees, 30 minutes

West longitude, any lease sale within five

years of the date of enactment of this title,

shall use the bidding system authorized in

Section 8(a)(1)(H) of the Outer Continental

Shelf Lands Act, as amended by this title,

except that the suspension of royalties shall

be set at a volume of not less than the following:

(1) 17.5 million barrels of oil equivalent for

leases in water depths of 200 to 400 meters;

(2) 52.5 million barrels of oil equivalent for

leases in 400 to 800 meters of water; and

(3) 87.5 million barrels of oil equivalent for

leases in water depths greater than 800 meters.

SEC. 305. REGULATIONS.—The Secretary

shall promulgate such rules and regulations

as are necessary to implement the provisions

of this title within 180 days after the enactment of this Act.

BOXER AMENDMENTS NOS. 1097–

1100

(Ordered to lie on the table.)

Mrs. BOXER submitted four amendments to the bill S. 395, supra; as follows:

AMENDMENT NO. 1097

On page 15, line 5, strike ‘‘exported,’’ and

insert: ‘‘exported, except that no crude oil

from any oil exploration and development effort, or from any established oil well within

the current borders of the Arctic National

Wildlife Refuge shall be transported or delivered through the Trans-Alaska Pipeline System under any circumstances,’’

AMENDMENT NO. 1098

On page 15, line 5, strike ‘‘exported.’’ and

insert: ‘‘exported, unless the President has

determined that such export would not be

consistent with the requirements of the National Environmental Policy Act of 1970.’’

AMENDMENT NO. 1099

On page 15, line 5, strike ‘‘exported.’’ and

insert: ‘‘exported, except that in no case

shall the total average daily volume of exports allowed under this section in any calendar year exceed the amount by which the

total average daily volume of oil delivered

through the Trans-Alaska Pipeline System

during the preceding calendar year exceeded

1.35 million barrels per calendar year.’’

AMENDMENT NO. 1100

On page 15 between lines 22 and 23, insert

the following:
May 16, 1995 CONGRESSIONAL RECORD — SENATE S6759

‘‘(4) There shall be no exports of Alaskan

North Slope oil until the Secretary of the

Department of Interior certifies to the Congress full compliance by Alyeska Pipeline

Service Company with the Trans-Alaska

Pipeline right-of-way ageement. This certification shall also include a full accounting

that all problems identified in the 1993 and

subsequent audits conducted on behalf of the

Bureau of Land Management, including but

not limited to monitoring, compliance with

applicable codes and standards, quality assurance and inspection program, electrical

systems integrity, and other nonconforming

items have been corrected. Another audit

conducted by an independent accounting

firm shall be required in 12 months following

such certification and thereafter, audits

shall be required every 5 years.’’

JOHNSTON (AND OTHERS)

AMENDMENT NO. 1101

Mr. JOHNSTON (for himself, Mr.

MURKOWSKI, and Mr. BREAUX) proposed

an amendment to the bill S. 395, supra;

as follows:

At the appropriate place in the bill, insert

the following as a new title III:

TITLE III—OUTER CONTINENTAL SHELF

DEEP WATER ROYALTY RELIEF

SEC. 301. This title may be referred to as

the ‘‘Outer Continental Shelf Deep Water

Royalty Relief Act’’.

SEC. 302. AMENDMENTS TO THE OUTER CONTINENTAL SHELF LANDS ACT.—Section 8(a) of

the Outer Continental Shelf Lands Act, (43

U.S.C. 1337 (a)(3)), is amended by striking

paragraph (3) in its entirety and inserting

the following:

‘‘(3)(A) The Secretary may, in order to—

‘‘(i) promote development or increased production on producing or non-producing

leases; or

‘‘(ii) encourage production of marginal resources on producing or non-producing

leases;

through primary, secondary, or tertiary recovery means, reduce or eliminate any royalty or net profit share set forth in the

lease(s). With the lessee’s consent, the Secretary may make other modifications to the

royalty or net profit share terms of the lease

in order to achieve these purposes.

‘‘(B)(i) Notwithstanding the provisions of

this Act other than this subparagraph, with

respect to any lease or unit in existence on

the date of enactment of the Outer Continental Shelf Deep Water Royalty Relief Act

meeting the requirements of this subparagraph, no royalty payments shall be due on

new production, as defined in clause (iv) of

this subparagraph, from any lease or unit located in water depths of 200 meters or greater in the Western and Central Planning

Areas of the Gulf of Mexico, including that

portion of the Eastern Planning Area of the

Gulf of Mexico encompassing whole lease

blocks lying west of 87 degrees, 30 minutes

West longitude, until such volume of production as determined pursuant to clause (ii)

has been produced by the lessee.

‘‘(ii) Upon submission of a complete application by the lessee, the Secretary shall determine within 180 days of such application

whether new production from such lease or

unit would be economic in the absence of the

relief from the requirement to pay royalties

provided for by clause (i) of this subparagraph. In making such determination, the

Secretary shall consider the increased technological and financial risk of deep water development and all costs associated with exploring, developing, and producing from the

lease. The lessee shall provide information

required for a complete application to the

Secretary prior to such determination. The

Secretary shall clearly define the information required for a complete application

under this section. Such application may be

made on the basis of an individual lease or

unit. If the Secretary determines that such

new production would be economic in the absence of the relief from the requirement to

pay royalties provided for by clause (i) of

this subparagraph, the provisions of clause

(i) shall not apply to such production. If the

Secretary determines that such new production would not be economic in the absence of

the relief from the requirement to pay royalties provided for by clause (i), the Secretary

must determine the volume of production

from the lease or unit on which no royalties

would be due in order to make such new production economically viable; except that for

new production as defined in clause (iv) (aa),

in no case will that volume be less than 17.5

million barrels of oil equivalent in water

depths of 200 to 400 meters, 52.5 million barrels of oil equivalent in 400-800 meters of

water, and 87.5 million barrels of oil equivalent in water depths greater than 800 meters.

Redetermination of the applicability of

clause (i) shall be undertaken by the Secretary when requested by the lessee prior to

the commencement of the new production

and upon significant change in the factors

upon which the original determination was

made. The Secretary shall make such redetermination within 120 days of submission of

a complete application. The Secretary may

extend the time period for making any determination or redetermination under this

clause for 30 days, or longer if agreed to by

the applicant, if circumstances so warrant.

The lessee shall be notified in writing of any

determination or redetermination and the

reasons for and assumptions used for such

determination. Any determination or redetermination under this clause shall be a final

agency action. The Secretary’s determination or redetermination shall be judicially

reviewable under section 10(a) of the Administrative Procedures Act, 5 U.S.C. Sec. 702,

only for actions filed within 30 days of the

Secretary’s determination or redetermination.

‘‘(iii) In the event that the Secretary fails

to make the determination or redetermination called for in clause (ii) upon application

by the lessee within the time period, together with any extension thereof, provided

for by clause (ii), no royalty payments shall

be due on new production as follows:

‘‘(I) For new production, as defined in

clause (iv)(I) of this subparagraph, no royalty shall be due on such production according to the schedule of minimum volumes

specified in clause (ii) of this subparagraph.

‘‘(II) For new production, as defined in

clause (iv)(II) of this subparagraph, no royalty shall be due on such production for one

year following the start of such production.

‘‘(iv) For purposes of this subparagraph,

the term ‘new production’ is—

‘‘(I) any production from a lease from

which no royalties are due on production,

other than test production, prior to the date

of enactment of the Outer Continental Shelf

Deep Water Royalty Relief Act; or

‘‘(II) any production resulting from lease

development activities pursuant to a Development Operations Coordination Document,

or supplement thereto that would expand

production significantly beyond the level anticipated in the Development Operations Coordination Document, approved by the Secretary after the date of enactment of the

Outer Continental Shelf Deep Water Royalty

Relief Act.

‘‘(v) During the production of volumes determined pursuant to clauses (ii) or (iii) of

this subparagraph, in any year during which

the arithmetic average of the closing prices

on the New York Mercantile Exchange for

Light Sweet crude oil exceeds $28.00 per barrel, any production of oil will be subject to

royalties at the lease stipulated royalty

rate. Any production subject to this clause

shall be counted toward the production volume determined pursuant to clause (ii) or

(iii). Estimated royalty payments will be

made if such average of the closing prices for

the previous year exceeds $28.00. After the

end of the calendar year, when the new average price can be calculated, lessees will pay

any royalties due, with interest but without

penalty, or can apply for a refund, with interest, of any overpayment.

‘‘(vi) During the production of volumes determined pursuant to clause (ii) or (iii) of

this subparagraph, in any year during which

the arithmetic average of the closing prices

on the New York Mercantile Exchange for

natural gas exceeds $3.50 per million British

thermal units, any production of natural gas

will be subject to royalties at the lease stipulated royalty rate. Any production subject

to this clause shall be counted toward the

production volume determined pursuant to

clause (ii) or (iii). Estimated royalty payments will be made if such average of the

closing prices for the previous year exceeds

$3.50. After the end of the calendar year,

when the new average price can be calculated, lessees will pay any royalties due,

with interest but without penalty, or can

apply for a refund, with interest, of any overpayment.

‘‘(vii) The prices referred to in clauses (v)

and (vi) of this subparagraph shall be

changed during any calendar year after 1994

by the percentage, if any, by which the implicit price deflator for the gross domestic

product changed during the preceding calendar year.’’

SEC. 303. NEW LEASES—

Section 8(a)(1) of the Outer Continental

Shelf Lands Act, as amended, (43 U.S.C.

1337(a)(1) is amended as follows:

(1) Redesignate section 8(a)(1)(H) as section

8(a)(1)(I); and

(2) Add a new section 8(a)(1)(H) as follows:

‘‘(H) cash bonus bid with royalty at no less

than 12 and 1⁄2 per centum fixed by the Secretary in amount or value of production

saved, removed, or sold, and with suspension

of royalties for a period, volume, or value of

production determined by the Secretary.

Such suspensions may vary based on the

price of production from the lease.’’

SEC. 304. LEASE SALES.—For all tracts located in water depths of 200 meters or greater in the Western and Central Planning

Areas of the Gulf of Mexico, including that

portion of the Eastern Planning Area of the

Gulf of Mexico encompassing whole lease

blocks lying west of 87 degrees, 30 minutes

West longitude, any lease sale within five

years of the date of enactment of this title,

shall use the bidding system authorized in

Section 8(a)(1)(H) of the Outer Continental

Shelf Lands Act, as amended by this title,

except that the suspension of royalties shall

be set at a volume of not less than the following:

(1) 17.5 million barrels of oil equivalent for

leases in water depths of 200 to 400 meters;

(2) 52.5 million barrels of oil equivalent for

leases in 400 to 800 meters of water; and

(3) 87.5 million barrels of oil equivalent for

leases in water depths greater than 800 meters.

SEC. 305. REGULATIONS.—The Secretary

shall promulgate such rules and regulations

as are necessary to implement the provisions

of this tile within 180 days after the enactment of this Act.
S6760 CONGRESSIONAL RECORD — SENATE May 16, 1995

MURKOWSKI AMENDMENT NO. 1102

Mr. MURKOWSKI proposed an

amendment to the bill S. 395, supra; as

follows:

Strike title I and insert in lieu thereof a

new title I:

‘‘TITLE I

‘‘SEC. 101. SHORT TITLE.

‘‘This title may be cited as the ‘‘Alaska

Power Administration Asset Sale and Termination Act’’.

‘‘SEC. 102. SALE OF SNETTISHAM AND EKLUTNA

HYDROELECTRIC PROJECTS.

‘‘(a) The Secretary of Energy is authorized

and directed to sell the Snettisham Hydroelectric Project (referred to in this Act as

‘‘Snettisham’’) to the State of Alaska in accordance with the terms of this Act and the

February 10, 1989, Snettisham Purchase

Agreement, as amended, between the Alaska

Power Administration of the United States

Department of Energy and the Alaska Power

Authority and the Authority’s successors.

‘‘(b) The Secretary of Energy is authorized

and directed to sell the Eklutna Hydroelectric Project (referred to in this Act as

‘‘Eklutna’’) to the Municipality of Anchorage doing business as Municipal Light and

Power, the Chugach Electric Association,

Inc., and the Matanuska Electric Association, Inc. (referred to in this Act as

‘‘Eklutna Purchasers’’), in accordance with

the terms of this Act and the August 2, 1989,

Eklutna Purchase Agreement, as amended,

between the Alaska Power Administration of

the United States Department of Energy and

the Eklutna Purchasers.

‘‘(c) The heads of other Federal departments and agencies, including the Secretary

of the Interior, shall assist the Secretary of

Energy in implementing the sales authorized

and directed by this Act.

‘‘(d) Proceeds from the sales required by

this title shall be deposited in the Treasury

of the United States to the credit of miscellaneous receipts.

‘‘(e) There are authorized to be appropriated such sums as may be necessary to

prepare, survey, and acquire Eklutna and

Snettisham assets for sale and conveyance.

Such preparations and acquisitions shall provide sufficient title to ensure the beneficial

use, enjoyment, and occupancy by the purchaser.

‘‘SEC. 103. EXEMPTION AND OTHER PROVISIONS.

‘‘(a)(1) After the sales authorized by this

Act occur, Eklutna and Snettisham, including future modifications, shall continue to

be exempt from the requirements of the Federal Power Act (16 U.S.C. 791a et seq.) as

amended.

‘‘(2) The exemption provided by paragraph

(1) does not affect the Memorandum of

Agreement entered into among the State of

Alaska, the Eklutna Purchasers, the Alaska

Energy Authority, and Federal fish and wildlife agencies regarding the protection, mitigation of, damages to, and enhancement of

fish and wildlife, dated August 7, 1991, which

remains in full force and effect.

‘‘(3) Nothing in this title or the Federal

Power Act preempts the State of Alaska

from carrying out the responsibilities and

authorities of the Memorandum of Agreement.

‘‘(b)(1) The United States District Court

for the District of Alaska shall have jurisdiction to review decisions made under the

Memorandum of Agreement and to enforce

the provisions of the Memorandum of Agreement, including the remedy of specific performance.

‘‘(2) An action seeking review of a Fish and

Wildlife Program (‘‘Program’’) of the Governor of Alaska under the Memorandum of

Agreement or challenging actions of any of

the parties to the Memorandum of Agreement prior to the adoption of the Program

shall be brought not later than ninety days

after the date on which the Program is

adopted by the Governor of Alaska, or be

barred.

‘‘(3) An action seeking review of implementation of the Program shall be brought not

later than ninety days after the challenged

act implementing the Program, or be barred.

‘‘(c) With respect to Eklutna lands described in Exhibit A of the Eklutna Purchase

Agreement:

‘‘(1) The Secretary of the Interior shall

issue rights-of-way to the Alaska Power Administration for subsequent reassignment to

the Eklutna Purchasers—

‘‘(A) at no cost to the Eklutna Purchasers;

‘‘(B) to remain effective for a period equal

to the life of Eklutna as extended by improvements, repairs, renewals, or replacements; and

‘‘(C) sufficient for the operation of, maintenance of, repair to, and replacement of,

and access to, Eklutna facilities located on

military lands and lands managed by the Bureau of Land Management, including lands

selected by the State of Alaska.

‘‘(2) If the Eklutna Purchasers subsequently sell or transfer Eklutna to private

ownership, the Bureau of Land Management

may assess reasonable and customary fees

for continued use of the rights-of-way on

lands managed by the Bureau of Land Management and military lands in accordance

with existing law.

‘‘(3) Fee title to lands at Anchorage Substation shall be transferred to Eklutna Purchasers at no additional cost if the Secretary

of the Interior determines that pending

claims to, and selections of, those lands are

invalid or relinquished.

‘‘(4) With respect to the Eklutna lands

identified in paragraph 1 of Exhibit A of the

Eklutna Purchase Agreement, the State of

Alaska may select, and the Secretary of the

Interior shall convey to the State, improved

lands under the selection entitlements in

section 6 of the Act of July 7, 1958 (commonly referred to as the Alaska Statehood

Act, Public Law 85–508, 72 Stat. 339, as

amended), and the North Anchorage Land

Agreement dated January 31, 1983. This conveyance shall be subject to the rights-of-way

provided to the Eklutna Purchasers under

paragraph (1).

‘‘(d) With respect to the Snettisham lands

identified in paragraph 1 of Exhibit A of the

Snettisham Purchase Agreement and Public

Land Order No. 5108, the State of Alaska may

select, and the Secretary of the Interior

shall convey to the State of Alaska, improved lands under the selection entitlements in section 6 of the Act of July 7, 1958

(commonly referred to as the Alaska Statehood Act, Public Law 85–508, 72 Stat. 339, as

amended).

‘‘(e) Not later than one year after both of

the sales authorized in section 102 have occurred, as measured by the Transaction

Dates stipulated in the Purchase Agreements, the Secretary of Energy shall—

‘‘(1) complete the business of, and close

out, the Alaska Power Administration;

‘‘(2) submit to Congress a report documenting the sales; and

‘‘(3) return unobligated balances of funds

appropriated for the Alaska Power Administration to the Treasury of the United States.

‘‘(f) The Act of July 31, 1950 (64 Stat. 382) is

repealed effective on the date, as determined

by the Secretary of Energy, that all Eklutna

assets have been conveyed to the Eklutna

Purchasers.

‘‘(g) Section 204 of the Flood Control Act of

1962 (76 Stat. 1193) is repealed effective on the

date, as determined by the Secretary of Energy, that all Snettisham assets have been

conveyed to the State of Alaska.

‘‘(h) As of the later of the two dates determined in subsection (f) and (g), section 302(a)

of the Department of Energy Organization

Act (42 U.S.C. 7152(a)) is amended—

‘‘(1) in paragraph (1)—

‘‘(A) by striking subparagraph (C); and

‘‘(B) by redesignating subparagraphs (D),

(E), and ‘‘(F) as subparagraphs (C), (D), and

(E) respectively; and

‘‘(2) in paragraph (2) by striking out ‘‘and

the Alaska Power Administration’’ and by

inserting ‘‘and’’ after ‘‘Southwestern Power

Administration,’’.

‘‘(i) The Act of August 9, 1955, concerning

water resources investigation in Alaska (69

Stat. 618), is repealed.

‘‘(j) The sales of Eklutna and Snettisham

under this title are not considered disposal

of Federal surplus property under the Federal Property and Administrative Services

Act of 1949 (40 U.S.C. 484) or the Act of October 3, 1944, popularly referred to as the ‘‘Surplus Property Act of 1944’’ (50 U.S.C. App.

1622).

‘‘(k) The sales authorized in this title shall

occur not later than 1 year after the date of

enactment of legislation defining ‘first use’’

of Snettisham for purposes of section 147(d)

of the Internal Revenue Code of 1986, to be

considered to occur pursuant to acquisition

of the property by or on behalf of the State

of Alaska.’’.

DASCHLE AMENDMENT NO. 1103

Mr. JOHNSTON (for Mr. DASCHLE)

proposed an amendment to amendment

No. 1102 proposed by Mr. MURKOWSKI

the bill S. 395, supra; as follows:

At the end of the pending amendment insert the following:

SEC. . DECLARATION CONCERNING OTHER HYDROELECTRIC PROJECTS AND THE

POWER MARKETING ADMINISTRATIONS.

Congress declares that—

(1) the circumstances that justify authorization by Congress of the sale of hydroelectric projects under section 102 are unique

to those projects and do not pertain to other

hydroelectric projects or to the power marketing administrations in the 48 contiguous

States; and

(2) accordingly, the enactment of section

102 should not be understood as lending support to any proposal to sell any other hydroelectric project or the power marketing administrations.

MURKOWSKI AMENDMENT NO. 1104

Mr. MURKOWSKI proposed an

amendment to the bill S. 395, supra; as

follows:

Strike the text of Title II and insert the

following text:

‘‘TITLE II

‘‘SEC. 201. SHORT TITLE.

‘‘This Title may be cited as ‘‘Trans-Alaska

Pipeline Amendment Act of 1995’’.

‘‘SEC. 202. TAPS ACT AMENDMENTS.

‘‘Section 203 of the Act entitled the

‘‘Trans-Alaska Pipeline Authorization Act,’’

as amended (43 U.S.C. 1652), is amended by

inserting the following new subsection (f):

‘‘(f) EXPORTS OF ALASKAN NORTH SLOPE

OIL.—

‘‘(1) Subject to paragraphs (2) through (6),

of this subsection and notwithstanding any

other provision of law (including any regulation), any oil transported by pipeline over

right-of-way granted pursuant to this section may be exported after October 31, 1995

unless the President finds that exportation

of this oil is not in the national interest. In

evaluating whether the proposed exportation

is in the national interest, the President—
May 16, 1995 CONGRESSIONAL RECORD — SENATE S6761

‘‘(A) shall determine whether the proposed

exportation would diminish the total quantity or quality of petroleum available to the

United States; and

‘‘(B) shall conduct and complete an appropriate environmental review of the proposed

exportation, including consideration of appropriate measures to mitigate any potential

adverse effect on the environment, within

four months after the date of enactment of

this subsection.

‘‘The President shall make his national interest determination within five months

after the date of enactment of this subsection or 30 days after completion of the environmental review, whichever is earlier.

The President may make his determination

subject to such terms and conditions (other

than a volume limitation) as are necessary

or appropriate to ensure that the exportation is consistent with the national interest.

‘‘(2) Except in the case of oil exported to a

country pursuant to a bilateral international

oil supply agreement entered into by the

United States with the country before June

25, 1979, or to a country pursuant to the

International Emergency Oil Sharing Plan of

the International Energy Agency, any oil

transported by pipeline over right-of-way

granted pursuant to this section, shall, when

exported, be transported by a vessel documented under the laws of the United States

and owned by a citizen of the United States

(as determined in accordance with section 2

of the Shipping Act, 1916 (46 U.S.C. App. 802)).

‘‘(3) Nothing in this subsection shall restrict the authority of the President under

the Constitution, the International Emergency Economic Powers Act (50 U.S.C. 1701

et seq.), or the National Emergencies Act (50

U.S.C. 1601 et seq.) to prohibit exportation of

the oil.’’.

‘‘(4) The Secretary of Commerce shall issue

any rules necessary for implementation of

the President’s national interest determination within 30 days of the date of such determination by the President. The Secretary of

Commerce shall consult with the Secretary

of Energy in administering the provisions of

this subsection.

‘‘(5) If the Secretary of Commerce finds

that anticompetitive activity by a person exporting crude oil under authority of this subsection has caused sustained material crude

oil supply shortages or sustained crude oil

prices significantly above world market levels and further finds that these supply shortages or price increases have caused sustained

material adverse employment effects in the

United States, the Secretary of Commerce

may recommend to the President appropriate action against such person, which

may include modification of the authorization to export crude oil.

‘‘(6) Administrative action with respect to

an authorization under this subsection is not

subject to sections 551 and 553 through 559 of

title 5, United States Code.

‘‘SEC. 203. ANNUAL REPORT.

‘‘Section 103(f) of the Energy Policy and

Conservation Act (42 U.S.C. 6212(f)) is amended by adding at the end thereof the following:

‘‘In the first quarter report for each new

calendar year, the President shall indicate

whether independent refiners in Petroleum

Administration for Defense District V have

been unable to secure adequate supplies of

crude oil as a result of exports of Alaskan

North Slope crude oil in the prior calendar

year and shall make such recommendations

to the Congress as may be appropriate.’’.

‘‘SEC 204. GAO REPORT.

‘‘The Comptroller General of the United

States shall conduct a review of energy production in California and Alaska and the effects of Alaskan North Slope crude oil exports, if any, on consumers, independent refiners, and shipbuilding and ship repair yards

on the West Coast. The Comptroller General

shall commence this review four years after

the date of enactment of this Act and, within

one year after commencing the review, shall

provide a report to the Committee on Energy

and Natural Resources in the Senate and the

Committee on Resources in the House of

Representatives. The report shall contain a

statement of the principal findings of the review and such recommendations for consideration by the Congress as may be appropriate.

‘‘SEC. 205. EFFECTIVE DATE.

‘‘This title and the amendments made by it

shall take effect on the date of enactment.’’.

HATFIELD AMENDMENT NO. 1105

Mr. MURKOWSKI (for Mr. HATFIELD)

proposed an amendment to amendment

No. 1104 proposed by Mr. MURKOWSKI to

the bill the bill S. 395, supra; as follows:

At the end of the amendment add the following new section:

SEC. 206. RETIREMENT OF CERTAIN COSTS INCURRED FOR THE CONSTRUCTION

OF NON-FEDERAL PUBLICLY OWNED

SHIPYARDS.

(a) IN GENERAL.—The Secretary of Energy

shall—

(1) deposit proceeds of sales out of the

Naval Petroleum Reserve in a special account in amounts sufficient to make payments under subsections (b) and (c); and

(2) out of the account described in paragraph (1), provide, in accordance with subsections (b) and (c), financial assistance to a

port authority that

(A) manages a non-Federal publicly owned

shipyard on the United States west coast

that is capable of handling very large crude

carrier tankers; and

(B) has obligations outstanding as of May

15, 1995, that were issued on June 1, 1977, and

are related to the acquisition of non-Federal

publicly owned dry docks that were originally financed through public bonds.

(b) ACQUISITION AND REFURBISHMENT OF INFRASTRUCTURE.—The Secretary shall provide, for acquisition of infrastructure and refurbishment of existing infrastructure,

$10,000,000 in fiscal year 1996.

(c) RETIREMENT OF OBLIGATIONS.—The Secretary shall provide, for retirement of obligations outstanding as of May 15, 1995, that

were issued on June 1, 1977, and are related

to the acquisition of non-Federal publicly

owned dry docks that were originally financed through public bonds—

(1) $6,000,000 in fiscal year 1996;

(2) $13,000,000 in fiscal year 1997;

(3) $10,000,000 in fiscal year 1998;

(4) $8,000,000 in fiscal year 1999;

(5) $6,000,000 in fiscal year 2000;

(6) $3,500,000 in fiscal year 2001; and

(7) $3,500,000 in fiscal year 2002.

MURRAY AMENDMENT NO. 1106

Mrs. MURRAY proposed an amendment to amendment No. 1106 proposed

by Mr. MURKOWSKI to the bill S. 395,

supra; as follows:

At the end of the pending amendment add

the following new section:

Title VI of the Oil Pollution Act of 1990

(Pub. L. 101–380; 104 Stat. 554) is amended by

adding at the end thereof the following new

section:

‘‘SEC. 6005. TOWING VESSEL REQUIRED.

(a) IN GENERAL.—In addition to the requirements for response plans for vessels established in section 311(j) of the Federal

Water Pollution Control Act, as amended by

this Act, a response plan for a vessel operating within the boundaries of the Olympic

Coast National Marine Sanctuary or the

strait of Juan de Fuca shall provide for a

towing vessel to be able to provide assistance

to such vessel within six hours or a request

for assistance. The towing vessel shall be capable of—

(1) towing the vessel to which the response

plan applies;

(2) initial firefighting and oilspill response

efforts; and

(3) coordinating with other vessels and responsible authorities to coordinate oilspill

response, firefighting; and marine salvage efforts.

‘‘(b) EFFECTIVE DATE.—The Secretary of

Transportation shall promulgate a final rule

to implement this section by September 1,

1995.’’.

MURRAY AMENDMENT NO. 1107

Mrs. MURRAY proposed an amendment to amendment No. 1106 proposed

by Mr. MURKOWSKI to the bill S. 395,

supra; as follows:

On page 2, insert after line 12, of the pending amendment the following:

(C) shall consider after consultation with

the Attorney General and Secretary of Commerce whether anticompetitive activity by a

person exporting crude oil under authority of

this subsection is likely to cause sustained

material crude oil supply shortages or sustained crude oil prices significantly above

world market levels for independent refiners

that would cause sustained material adverse

employment effects in the United States.

On page 3, insert after line 12 after the

word ‘‘implementation;’’: ‘‘including any licensing requirements and conditions,’’.

On page 4, line 2 after ‘‘President’’ insert

‘‘who may take’’.

On page 4, line 3 after ‘‘modification’’ insert ‘‘or revocation’’.

COMMITTEE

NOTICES OF HEARINGS

ON

fRULES AND ADMINISTRATION

Mr. STEVENS. Mr. President, I wish

to announce that the Committee on

Rules and Administration will meet in

SR–301, Russell Senate Office Building,

on Thursday, May 18, 1995, at 9:30 a.m.,

to receive testimony on the Smithsonian Institution: Management Guidelines for the Future.

For further information concerning

this hearing, please contract Christine

Ciccone of the committee staff on 224–

5647.

COMMITTEE ON ENERGY AND NATURAL

RESOURCES

Mr. NICKLES. Mr. President, I would

like to announce for the information of

the Senate that the hearing scheduled

before the Subcommittee on Energy

Production and Regulation will also include S. 801, a bill to extend the deadline under the Federal Power Act applicable to the construction of two hydroelectric projects in North Carolina, and

for other purposes.

The hearing will be held on Thursday, May 18, 1995 at 2 p.m. in room SD–

366 of the Dirksen Senate Office Building in Washington, DC.