“THE ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT FOR FISCAL YEAR 1998” published by Congressional Record on July 15, 1997

“THE ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT FOR FISCAL YEAR 1998” published by Congressional Record on July 15, 1997

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Volume 143, No. 100 covering the 1st Session of the 105th Congress (1997 - 1998) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“THE ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT FOR FISCAL YEAR 1998” mentioning the U.S. Dept. of Energy was published in the Senate section on pages S7505-S7507 on July 15, 1997.

The publication is reproduced in full below:

THE ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT FOR FISCAL YEAR

1998

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BYRD AMENDMENT NO. 859

Mr. DOMENICI (for Mr. Byrd) proposed an amendment to the bill (S. 1004) making appropriations for energy and water development for the fiscal year ending September 30, 1998, and for other purposes; as follows:

Following Section 503, insert the following new section:

Sec. 504. (a) The State of West Virginia shall receive credit towards its required contribution under Contract No. DACW59-C-0071 for the cost of recreational facilities to be constructed by a joint venture of the State in cooperation with private interests for recreation development at Stonewall Jackson Lake, West Virginia, except that the State shall receive no credit for costs associated with golf course development and the amount of the credit may not exceed the amount owed by the State under the Contract.

(b) The Corps of Engineers shall revise both the 1977 recreation cost-sharing agreement and the Park and Recreation Lease dated October 2, 1995 to remove the requirement that such recreation facilities are to be owned by the Government at the time of their completion as contained in Article 2-06 of the cost-sharing agreement and Article 36 of the lease.

(c) Nothing in this section shall reduce the amount of funds owed the United States Government pursuant to the 1977 recreation cost-sharing agreement.

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DASCHLE AMENDMENT NO. 860

Mr. DOMENICI (for Mr. Daschle) proposed an amendment to the bill, S. 1004, supra; as follows:

On page 15, line 10, insert the following before the period: ``: Provided further, That the Secretary of the Interior may use $80,000 of funding appropriated herein to complete the feasibility study of alternatives for meeting the drinking water needs on the Cheyenne River Sioux Reservation and surrounding communities in South Dakota''.

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KEMPTHORNE AMENDMENT NO. 861

Mr. DOMENICI (for Mr. Kempthorne) proposed an amendment to the bill, S. 1004, supra; as follows:

On page 15, line 10, insert the following before the period: ``: Provided further, That the Secretary of the Interior may use $2,500,000 of funds appropriated herein to initiate construction of the McCall Area Wastewater Reclamation and Reuse, Idaho project''.

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BINGAMAN (AND DOMENICI) AND AMENDMENT NO. 862

Mr. DOMENICI (for Mr. Bingaman, for himself and Mr. Domenici) proposed an amendment to the bill, S. 1004, supra; as follows:

On page 15, line 10, insert the following before the period: ``: Provided further, That the Secretary of the Interior may use $300,000 of funding appropriated herein to undertake feasibility planning studies and other activities for the Ute Reservoir Pipeline (Quay County portion), New Mexico project''.

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WYDEN AMENDMENT NO. 863

Mr. DOMENICI (for Mr. Wyden) proposed an amendment to the bill, S. 1004, supra; as follows:

At the appropriate place, insert the following new general provision:

Sec. . (a) In General.--For fiscal year 1998 and each fiscal year thereafter, appropriations made for the Bureau of Reclamation may be used by the Secretaries of Interior for the purpose of entering into cooperative agreements with willing private landowners for restoration and enhancement of fish, wildlife, and other resources on public or private land or both that benefit the water and lands within a watershed that contains a Bureau of Reclamation project.

(b) Direct and Indirect Watershed Agreements.--The Secretary of Interior may enter into a watershed restoration and enhancement agreement--

(1) directly with a willing private landowner, or

(2) indirectly through an agreement with a state, local, or tribal government or other public entity, educational institution, or private non-profit organization.

(c) Terms and Conditions.--In order for the Secretary to enter into a watershed restoration and enhancement agreement--

(1) the agreement shall--

(A) include such terms and conditions mutually agreed to by the Secretary and the landowner,

(B) improve the viability of and otherwise benefit the fish, wildlife, and other resources in the watershed;

(C) authorize the provision of technical assistance by the Secretary in the planning of activities that will further the purposes of the agreement;

(D) provide for the sharing of costs of implementing the agreement among the Federal government, the landowner, and other entities, as mutually agreed on by the affected interests, and

(E) ensure that any expenditures by the Secretary pursuant to the agreement is determined by the Secretary to be in the public interest, and

(2) the Secretary may require such other terms and conditions as are necessary to protect the public investment on private lands, provided such terms and conditions are mutually agreed to by the Secretary and the landowner.

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BIDEN (AND ROTH) AMENDMENT NO. 864

Mr. DOMENICI (for Mr. Biden, for himself, and Mr. Roth) proposed an amendment to the bill, S. 1004, supra; as follows:

On page 2, line 26, insert the following before the period:

``:Provided further, That the Secretary of the Army, acting through the Chief of Engineers, may use $200,000 of funding appropriate herein to initiate preconstruction engineering and design for the Delaware Coast from Cape Henlopen to Fenwick Island, Delaware project''.

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BUMPERS AMENDMENT NO. 865

Mr. DOMENICI (for Mr. Bumpers) proposed an amendment to the bill, S. 1004, supra; as follows:

On page 19, on line 7, insert before the period the following:

``: Provided, That from funds available herein, the Department of Energy will assess the cost of decommissioning the Southwest Experimental Fast Oxide Reactor site''.

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BOXER AMENDMENT NO. 866

Mr. DOMENICI (for Mrs. Boxer) proposed an amendment to the bill, S. 1004, supra; as follows:

On page 23 of the bill, line 5, and insert the following before the colon: ``, of which $2,000,000 is provided for improvements to Greenville Road in Livermore, California''.

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BUMPERS AMENDMENT NO. 867

Mr. BUMPERS proposed an amendment to the bill, S. 1004, supra; as follows:

Reduce the amount on line 4 of page 23 by $258,000,000.

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FEINGOLD (AND OTHERS) AMENDMENT NO. 868

Mr. FEINGOLD (for himself, Mr. Brownback, and Mr. McCain) proposed an amendment to the bill, S. 1004, supra; as follows:

On page 15, line 10, after ``appropriated'', insert the following: ``: Provided further, That the Secretary of the Interior shall, not later than November 15, 1997, provide a report to Congress on a revised project plan for the Animas-LaPlata project that reduces the total cost of the program to the Federal Government, limits the diversion of water from the Animas River to an amount recommended by the U.S. Fish and Wildlife Service, and ensures the project will be designed and implemented in the most cost-effective manner for the Federal Government: Provided further, that none of the funds appropriated in this or any prior act may be expended for construction until a project has been authorized at a date subsequent to the enactment of this appropriations act''.

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TORRICELLI AMENDMENT NO. 869

Mr. DOMENICI (for Mr. Torricelli) proposed an amendment to the bill, S. 1004, supra; as follows:

On page 12, between lines 12 and 13, insert the following:

SEC. . GREEN BROOK SUB-BASIN FLOOD CONTROL PROJECT, NEW

JERSEY.

No funds made available under this Act or any other Act for any fiscal year may be used by the Secretary of the Army to carry out any plan for, or otherwise construct, the Oak Way detention structure or the Sky Top detention structure in Berkeley Heights, New Jersey, as part of the project for flood control, Green Brook Sub-basin, Raritan River Basin, New Jersey, authorized by section 401(a) of the Water Resources Development Act of 1986 (Public Law 99-662; 100 Stat. 4119).

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KEMPTHORNE AMENDMENT NO. 870

Mr. DOMENICI (for Mr. Kempthorne) proposed an amendment to the bill, S. 1004, supra; as follows:

On page 18, line 22, insert the following before the period: ``: Provided, That $1,500,000 of the funds appropriated herein may be used to continue the cost-shared, fish-friendly turbine program''.

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BUMPERS AMENDMENT NO. 871

Mr. DOMENICI (for Mr. Bumpers) proposed an amendment to the bill, S. 1004, supra; as follows:

On page 9, line 12, insert the following before the period:

``: Provided further, That, using funds appropriated in this Act, the Secretary of the Army may construct the Ten and Fifteen Mile Bayou channel enlargement as an integral part of the work accomplished on the St. Francis Basin, Arkansas and Missouri Project, authorized by the Flood Control Act of 1950''.

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DASCHLE (AND JOHNSON) AMENDMENT NO. 872

Mr. DOMENICI (for Mr. Daschle, for himself and Mr. Johnson) proposed an amendmnent to the bill, S. 1004, supra; as follows:

On page 15, line 10, insert the following before the period: ``: Provided further, That the Secretary of the Interior may use $185,000 of the funding appropriated herein for a feasibility study of alternatives for the Crow Creek Rural Water Supply System to meet the drinking water needs on the Crow Creek Sioux Indian Reservation''.

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LEVIN AMENDMENT NO. 873

Mr. DOMENICI (for Mr. Levin) proposed an amendment to the bill, S. 1004, supra; as follows:

On page 12, between lines 12 and 13, insert the following:

SEC. 1 . GREAT LAKES BASIN.

No funds made available under this Act may be used by the Secretary of the Army to consider any application for a permit that, if granted, would result in the diversion of ground water from the Great Lakes Basin.

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MOSELEY-BRAUN AMENDMENT NO. 874

Mr. DOMENICI (for Ms. Moseley-Braun) proposed an amendment to the bill, S. 1004, supra; as follows:

On page 7, line 2 insert the following before the period:

``Provided further, That the Assistant Secretary of the Army for Civil Works shall consider the recommendations of the Special Reevaluation Report for the McCook Reservoir as developed by the Corps of Engineers Chicago District''.

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DORGAN AMENDMENT NO. 875

Mr. DOMENICI (for Mr. Dorgan) proposed an amendment to the bill, S. 1004, supra; as follows:

On page 7, line 2, before the period, insert the following:

``: Provided further, That the Secretary of the Army, acting through the Chief of Engineers, may use up to $5,000,000 of the funding appropriated herein to initiate construction of an emergency outlet from Devils Lake, North Dakota, to the Sheyenne River, and that this amount is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(D)(i)); except that funds shall not become available unless the Secretary of the Army determines that an emergency (as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) exists with respect to the emergency need for the outlet and reports to Congress that the construction is technically sound, economically justified, and environmentally acceptable and in compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.): Provided further, That the economic justification for the emergency outlet shall be prepared in accordance with the principles and guidelines for economic evaluation as required by regulations and procedures of the Army Corps of Engineers for all flood control projects, and that the economic justification be fully described, including the analysis of the benefits and costs, in the project plan documents: Provided further, That the plans for the emergency outlet shall be reviewed and, to be effective, shall contain assurances provided by the Secretary of State, after consultation with the International Joint Commission, that the project will not violate the requirements or intent of the Treaty Between the United States and Great Britain Relating to Boundary Waters Between the United States and Canada, signed at Washington January 11, 1909 (36 Stat. 2448; TS 548) (commonly known as the `Boundary Waters Treaty of 1909') Provided further, That the Secretary of the Army shall submit the final plans and other documents for the emergency outlet to Congress: Provided further, That no funds made available under this Act or any other Act for any fiscal year may be used by the Secretary of the Army to carry out the portion of the feasibility study of the Devils Lake Basin, North Dakota, authorized under the Energy and Water Development Appropriations Act, 1993 (Public Law 102-377), that addresses the needs of the area for stabilized lake levels through inlet controls, or to otherwise study any facility or carry out any activity that would permit the transfer of water from the Missouri River Basin into Devils Lake''.

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SOURCE: Congressional Record Vol. 143, No. 100

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