In the Senate of the United States,
November 18, 1999.
Resolved, That the resolution from the House of Rep-
resentatives (H.J. Res. 82) entitled ‘‘Joint resolution making
further continuing appropriations for the fiscal year 2000,
and for other purposes.’’ do pass with the following
AMENDMENT:
Page 2, after line 3, insert:
SEC. 2. DISPOSAL OF EXCESS SPOIL AND COAL MINE
WASTE. (a) IN GENERAL.—Notwithstanding any other pro-
vision of law (including any regulation or court ruling),
hereafter—
(1) in rendering permit decisions for discharges
of excess spoil and coal mine waste into waters of the
United States from surface coal mining and reclama-
tion operations, the permitting authority shall apply
section 404 of the Federal Water Pollution Control
Act (33 U.S.C. 1344) and the section 404(b)(1) guide-
lines pursuant to section 404(b)(1) of the Federal
HJ 82 EAS
Water Pollution Control Act (33 U.S.C. 1344(b)(1))
and implementing regulations set forth in part 230 of
title 40, Code of Federal Regulations (as in effect on
October 19, 1999);
(2) the permitted disposal of such spoil or waste
meeting the requirements of the section 404(b)(1)
guidelines referred to in paragraph (1) shall be
deemed to satisfy the criteria for granting a variance
under regulations set forth in sections 816.57 and
817.57 of title 30, Code of Federal Regulations, and
applicable State regulations; and
(3) Federal and State water quality standards
shall not apply to the portions of waters filled by dis-
charges permitted pursuant to the procedures set forth
in paragraphs (1) and (2); all applicable Federal and
State water quality standards shall apply to all por-
tions of waters other than those filled pursuant to the
permitting procedures set forth in paragraphs (1) and
(2).
(b) DURATION OF EFFECTIVENESS.—The permitting
procedures specified in subsection (a) shall remain in effect
until the later of—
(1) the date that is 2 years after the date of en-
actment of this Act; or
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(2) the effective date of regulations promulgated
to implement recommendations made as a result of
the environmental impact statement relating to the
permitting process, the preparation of which was an-
nounced at 64 Fed. Reg. 5800 (February 5, 1999).
(c) EFFECT OF SECTION.—Nothing in this section
modifies, supersedes, undermines, displaces, or amends any
requirement of, or regulation issued under, the Federal
Water Pollution Control Act (commonly known as the
‘‘Clean Water Act’’) (33 U.S.C. 1251 et seq.) or the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C.
1201 et seq.), as applied by the responsible Federal agencies
on October 19, 1999.
(d) PERIOD
OF EFFECTIVENESS.—Notwithstanding
any other provision of law repealing or terminating the ef-
fectiveness of this Act, this section shall remain in effect
until the date of termination of the effectiveness of the per-
mitting procedures in accordance with subsection (b).
SEC. 3. HARDROCK MINING. (a) IN GENERAL.—For
the purposes of section 1000(a)(3) of division B of the Act
enacting H.R. 3194 of the 106th Congress, in lieu of section
357 of title III of H.R. 3423 of the 106th Congress, as intro-
duced on November 17, 1999, regarding the issuance of reg-
ulations on hardrock mining, the following shall apply:
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(1) HARDROCK MINING.—None of the funds made
available under this Act or any other Act shall be
used by the Secretary of the Interior to promulgate
final regulations to revise subpart 3809 of 43, Code
of Federal Regulations, except that the Secretary,
after the end of the public comment period required
by section 3002 of the 1999 Emergency Supplemental
Appropriations Act (Public Law 106–31; 113 Stat.
89), may issue final regulations to amend that sub-
part if the regulations are consistent with—
(A) the regulatory gap findings identified
in the report of the National Research Council
entitled ‘‘Hardrock Mining on Federal Lands’’;
and
(B) statutory authorities in effect as of the
date of enactment of this Act.
(2) LIMITATION.—Nothing in this section ex-
pands the statutory authority of the Secretary of the
Interior in effect as of the date of enactment of this
Act.
(b) PERIOD OF EFFECTIVENESS.—This section—
(1) takes effect 1 day after the date of enactment
of the Act enacting H.R. 3194 referred to in sub-
section (a); and
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(2) notwithstanding any other provision of law
repealing or terminating the effectiveness of this Act,
shall remain in effect unless repealed by Act of Con-
gress that makes specific reference to this section.
SEC. 4. MILLSITES. (a) IN GENERAL.—For the pur-
poses of section 1000(a)(3) of division B of the Act enacting
H.R. 3194 of the 106th Congress, in lieu of section 337 of
title III of H.R. 3423 of the 106th Congress, as introduced
on November 17, 1999, regarding the millsites opinion, the
following shall apply:
(1) MILLSITES OPINION.—No funds shall be ex-
pended by the Secretary of the Interior or the Sec-
retary of Agriculture, for fiscal years 2000 and 2001,
to limit the number or acreage of millsites based on
the ratio between the number or acreage of millsites
and the number or acreage of associated lode or placer
claims with respect to—
(A) any patent application excluded from
the operation of section 112 of the Department of
the Interior and Related Agencies Appropria-
tions Act, 1995, by section 113 of that Act (108
Stat. 2519);
(B) any operation or property for which a
plan of operations has been approved before the
date of enactment of this Act; or
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(C) any operation or property for which a
plan of operations, or amendment or modifica-
tion to an existing plan, was submitted to the
Bureau of Land Management or the Forest Serv-
ice before May 21, 1999.
(2) NO RATIFICATION.—Nothing in this Act or
the 1999 Emergency Supplemental Appropriations
Act (Public Law 106–31) shall be construed as an ex-
plicit or tacit adoption, ratification, endorsement, ap-
proval, rejection, or disapproval of the opinion dated
November 7, 1997, by the Solicitor of the Department
of the Interior concerning millsites.
(b) PERIOD OF EFFECTIVENESS.—This section—
(1) takes effect 1 day after the date of enactment
of the Act enacting H.R. 3194 referred to in sub-
section (a); and
(2) notwithstanding any other provision of law
repealing or terminating the effectiveness of this Act,
shall remain in effect unless repealed by Act of Con-
gress that makes specific reference to this section.
SEC. 5. (a) The Secretary of Agriculture shall reduce
the amount of any principal due on a loan made to a mar-
keting association incorporated in the State of North Caro-
lina for the 1999 crop of an agricultural commodity by at
least 75 percent if the marketing association suffered losses
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of the agricultural commodity in a county with respect to
which—
(1) a natural disaster was declared by the Sec-
retary for losses due to Hurricane Dennis, Floyd, or
Irene; or
(2) a major disaster or emergency was declared
by the President for losses due to Hurricane Dennis,
Floyd, or Irene under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.).
(b) If the Secretary assigns a grade quality for the
1999 crop of an agricultural commodity marketed by an
association described in subsection (a) that is below the base
quality of the agricultural commodity, the Secretary shall
compensate the association for losses incurred by the asso-
ciation as a result of the reduction in grade quality.
(c) Up to $81,000,000 of the resources of the Com-
modity Credit Corporation may be used for the cost of this
section: Provided, That the entire amount is designated by
the Congress as an emergency requirement pursuant to sec-
tion 251(b)(2)(A) and section 252(e) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
SEC. 6. In administering $50,000,000 in emergency
supplemental funding for the Emergency Conservation Pro-
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gram, the Secretary shall give priority to the repair of
structures essential to the operation of the farm.
Attest:
Secretary.