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[Congressional Record Volume 141, Number 81 (Tuesday, May 16, 1995)]
[Senate]
[Pages S6754-S6761]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

    THE ALASKA POWER ADMINISTRATION SALE ACT TRANS-ALASKA PIPELINE 
                         AMENDMENT ACT OF 1995

                                 ______

                    MURRAY AMENDMENTS NOS. 1084-1091

  (Ordered to lie on the table.)
  [[Page 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 
     Trans-Alaska 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 ____--JUSTICE FOR WARDS COVE WORKERS ACT

     SEC. ____. 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 
     [[Page S6756]] 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 Foreign-Documented 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.)
  [[Page 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 non-Federal 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 non-Federal 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''.
       [[Page S6758]] 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:
       [[Page 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.

[[Page S6760]]

                      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--
       [[Page 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''.
     

                          ____________________
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