S6752 CONGRESSIONAL RECORD — SENATE May 16, 1995

properties—properties to be included in

the CBRS. By the end of 1988, the study

group had completed its work and the

Department of the Interior submitted

the CBRS proposal to Congress.

This proposed inventory was the culmination of 8 years work and included

suggestions made during two public

comment periods. The first public comments were made following the release

of an initial draft inventory in 1985.

Additional comments were made following the release of a second draft in

the spring of 1987. The Department of

the Interior received numerous comments on these draft inventories and

incorporated many in their final report

to Congress. This final report was the

basis for the Coastal Barrier Resources

System adopted in 1990.

I recite this history because without

an understanding of it, Mr. President,

one can’t understand the intent of my

legislation.

While the Department of the Interior

was drafting this proposed system, a

strip of coastal South Carolina was

being annexed by Colleton County from

Charleston County. Unfortunately, this

annexation occurred in 1987 in the

midst of the 1987 CBRA comment period. Unfortunately, the notice of this

second draft inventory was not received by Colleton County. The county

never received any notice. It appears,

the draft inventory was provided to

Charleston County, not Colleton County. In fact, the maps currently on file

at the Department of the Interior, still,

incorrectly show this tract in Charleston County—not Colleton County.

Thus, the citizens of Colleton County,

never having had an opportunity to

comment on these proposed changes,

now find this tract included in the

CBRS. And for all practical purposes

off limits for development.

This bill corrects that mistake. It

rights that wrong. It does not drastically redraft the Coastal Barrier Resources System nor withdraw any

lands included in the 1985 draft. The

bill simply returns a small portion of

Edisto Island, SC, to its 1985 status.

I urge my colleagues to support this

bill.

ADDITIONAL COSPONSORS

fS. 426

At the request of Mr. SARBANES, the

names of the Senator from Vermont

[Mr. JEFFORDS], the Senator from Oregon [Mr. PACKWOOD], and the Senator

from Arizona [Mr. MCCAIN] were added

as cosponsors of S. 426, a bill to authorize the Alpha Phi Alpha Fraternity to

establish a memorial to Martin Luther

King, Jr., in the District of Columbia,

and for other purposes.

S. 457

At the request of Mr. SIMON, the

name of the Senator from Ohio [Mr.

DEWINE] was added as a cosponsor of S.

457, a bill to amend the Immigration

and Nationality Act to update references in the classification of children

for purposes of United States immigration laws.

S. 495

At the request of Mrs. KASSEBAUM,

the name of the Senator from Maine

[Ms. SNOWE] was added as a cosponsor

of S. 495, a bill to amend the Higher

Education Act of 1965 to stabilize the

student loan programs, improve congressional oversight, and for other purposes.

S. 507

At the request of Mr. PRESSLER, the

name of the Senator from Iowa [Mr.

GRASSLEY] was added as a cosponsor of

S. 507, a bill to amend title 18 of the

United States Code regarding false

identification documents, and for other

purposes.

S. 578

At the request of Mr. D’AMATO, the

name of the Senator from Delaware

[Mr. ROTH] was added as a cosponsor of

S. 578, a bill to limit assistance for

Turkey under the Foreign Assistance

Act of 1961 and the Arms Export Control Act until that country complies

with certain human rights standards.

S. 633

At the request of Mr. PRYOR, the

name of the Senator from Illinois [Mr.

SIMON] was added as a cosponsor of S.

633, a bill to amend the Federal Deposit

Insurance Act to provide certain

consumer protections if a depository

institution engages in the sale of

nondeposit investment products, and

for other purposes.

S. 641

At the request of Mrs. KASSEBAUM,

the names of the Senator from Colorado [Mr. CAMPBELL], and the Senator

from Alaska [Mr. STEVENS] were added

as cosponsors of S. 641, a bill to reauthorize the Ryan White CARE Act of

1990, and for other purposes.

S. 667

At the request of Mr. BRYAN, the

name of the Senator from Delaware

[Mr. BIDEN] was added as a cosponsor of

S. 667, a bill to amend the Securities

Exchange Act of 1934 in order to reform

the conduct of private securities litigation, to provide for financial fraud detection and disclosure, and for other

purposes.

S. 681

At the request of Mr. HELMS, the

name of the Senator from Utah [Mr.

HATCH] was added as a cosponsor of S.

681, a bill to provide for the imposition

of sanctions against Colombia with respect to illegal drugs and drug trafficking.

S. 770

At the request of Mr. DOLE, the

names of the Senator from Iowa [Mr.

GRASSLEY] and the Senator from Oklahoma [Mr. INHOFE] were added as cosponsors of S. 770, a bill to provide for

the relocation of the United States

Embassy in Israel to Jerusalem, and

for other purposes.

S. 794

At the request of Mr. LUGAR, the

names of the Senator from Ohio [Mr.

DEWINE] and the Senator from Arizona

[Mr. KYL] were added as cosponsors of

S. 794, a bill to amend the Federal Insecticide, Fungicide, and Rodenticide

Act to facilitate the minor use of a pesticide, and for other purposes.

S. 805

At the request of Mr. SIMPSON, the

name of the Senator from Pennsylvania [Mr. SANTORUM] was added as a cosponsor of S. 805, a bill to improve the

rural electrification programs under

the Rural Electrification Act of 1936, to

improve Federal rural development

programs administered by the Department of Agriculture, to provide for exclusive State jurisdiction over retail

electric service areas, to prohibit certain practices in the restraint of trade,

and for other purposes.

SENATE JOINT RESOLUTION 26

At the request of Mr. SIMPSON, the

name of the Senator from Maine [Ms.

SNOWE] was added as a cosponsor of

Senate Joint Resolution 26, a joint resolution designating April 9, 1995, and

April 9, 1996, as ‘‘National Former Prisoner of War Recognition Day.’’

AMENDMENTS SUBMITTED

f

THE SOLID WASTE DISPOSAL ACT

OF 1995

MURRAY (AND GORTON)

AMENDMENT NO. 1079

Mrs. MURRAY (for herself and Mr.

GORTON) 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:

Title II, following section (f) State Solid

Waste District Authority, add the following

section (g) and reletter all the following subsections accordingly:

‘‘(g) STATE MANDATED SOLID WASTE MANAGEMENT PLANNING.—A political subdivision

of a state may exercise flow control authority for municipal solid waste, and for voluntarily relinquished recyclable material that

is generated within its jurisdiction, if State

legislation enacted prior to January 1, 1990

mandated the political subdivision to plan

for the management of solid waste generated

within its jurisdiction, and if prior to January 1, 1990 the State delegated to its political

subdivisions the authority to establish a system of solid waste handling, and if prior to

May 15, 1994:

‘‘(1) the political subdivision had, in accordance with the plan adopted pursuant to

such State mandate, obligated itself through

contract (including a contract to repay a

debt) to utilize existing solid waste facilities

or an existing system of solid waste facilities; and

‘‘(2) the political subdivision is currently

undertaking a recycling program in accordance with its adopted waste management

plan to meet the State’s solid waste reduction goal of fifty percent; and

‘‘(3) significant financial commitments

have been made, or bonds have been issued,

a major portion of which, were used for the

construction of solid waste management facilities.’’
May 16, 1995 CONGRESSIONAL RECORD — SENATE S6753

On page 65, line 10, strike ‘‘or (e)’’ and insert ‘‘(e) or (f).’’

THE ALASKA POWER ADMINISTRATION SALE ACT TRANS-ALASKA

fPIPELINE AMENDMENT ACT OF

1995

MURKOWSKI AMENDMENTS NOS.

1080–1082

Mr. MURKOWSKI proposed three

amendments to the bill (S. 395) to authorize and direct the Secretary of Energy to sell the Alaska Power Administration, and for other purposes; as follows:

AMENDMENT NO. 1080

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.’’.

AMENDMENT NO. 1081

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 ‘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

four months after the date of enactment of

this subsection.

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