American Geological Institute

Government Affairs Program


Legislative History and Digest of H.R. 1905

TITLE: A bill making appropriations for energy and water development for the fiscal year ending September 30, 1996, and for other purposes.

SPONSOR: Rep. John T. Myers (R-IN)

COSPONSORS: NONE

LEGISLATIVE HISTORY: (signed into law: 11/13/95)

House Action(s)

Feb 6, 95:
Referred to the House Committee on Appropriations.
Feb 6, 95:
Referred to the Subcommittee on Energy and Water Development.
Feb 21, 95:
First Day of Subcommittee Hearings.
Mar 29, 95:
Final Day of Subcommittee Hearings.
Jun 13, 95:
First Day of Subcommittee Mark-up.
Jun 13, 95:
Final Day of Subcommittee Mark-up.
Jun 13, 95:
Forwarded by Subcommittee to Full Committee.
Jun 20, 95:
Committee Consideration and Mark-up Session Held.
Jun 20, 95:
Ordered to be Reported.
Jun 20, 95:
The House Committee on Appropriations reported an original measure, H. Rept. 104-149, by Mr. Myers.
Placed on the Union Calendar, Calendar No. 69.
Jun 22, 95:
Rules Committee Resolution H. Res. 171 Reported to House.
Jul 11, 95:
HA 503 Amendment Offered by Representative Shuster.
HA 503 On agreeing to the Shuster amendments (A001) Agreed to by voice vote.
HA 508 Amendment Offered by Representative Barton, of TX , (06).
HA 508 By unanimous consent, the Barton amendment was withdrawn.
HA 509 Amendment Offered by Representative Klug.
HA 509 On agreeing to the Klug amendment (A007) Agreed to by recorded vote: 306 - 121 (Roll no. 485).
HA 505 Amendment Offered by Representative Smith, of WA , (03).
HA 505 On agreeing to the Smith (WA) amendment (A003) Agreed to by voice vote.
Rule H. Res. 171 passed House.
Called up by House under the provisions of rule H. Res. 171.
Jul 12, 95:
HA 512 Amendment Offered by Representative Obey.
HA 512 On agreeing to the Obey amendment (A010) Failed by recorded vote: 191 - 227 (Roll no. 487).
HA 513 Amendment Offered by Representative Klug.
HA 513 On agreeing to the Klug amendment (A011) Agreed to by recorded vote: 214 - 208 (Roll no. 488).
HA 515 Amendment Offered by Representative Ward.
HA 515 On agreeing to the Ward amendment (A013) Agreed to by recorded vote: 276 - 141 (Roll no. 489).
HA 514 Amendment Offered by Representative Sanders.
HA 514 By unanimous consent, the Sanders amendment was withdrawn.
HA 522 Amendment Offered by Representative Pallone.
HA 522 On agreeing to the Pallone amendment (A020) Agreed to by voice vote.
HA 523 Amendment Offered by Representative Gunderson.
HA 523 On agreeing to the Gunderson amendment (A021) Agreed to by voice vote.
Considered by House as unfinished business.
The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.
Passed House (Amended) by Yea-Nay Vote: 400 - 27 (Roll no. 494).
Oct 30, 95:
Rules Committee Resolution H. Res. 248 Reported to House.
Oct 31, 95:
Rule H. Res. 248 passed House.

Senate Action(s)

Jul 13, 95:
Received in the Senate and read twice and referred to the Committee on Appropriations.
Jul 25, 95:
Subcommittee on Energy and Water Development. Approved for full committee consideration with amendments favorably.
Jul 27, 95:
Committee on Appropriations. Ordered to be reported with amendments favorably.
Jul 27, 95:
Committee on Appropriations. Reported to Senate by Senator Domenici with amendments. With written report No. 104-120.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 156.
Jul 31, 95:
Measure laid before Senate by unanimous consent.
Aug 1, 95:
Considered by Senate.
Amendment SP 2053 proposed by Senator Domenici for Senator Reid.
Amendment SP 2053 agreed to in Senate by Voice Vote.
Amendment SP 2054 proposed by Senator Jeffords.
Amendment SP 2054 as modified agreed to in Senate by Voice Vote.
Amendment SP 2055 proposed by Senator Bumpers.
Amendment SP 2055 agreed to in Senate by Yea-Nay Vote. 62-38. Record Vote No: 347.
Amendment SP 2056 proposed by Senator Abraham.
Amendment SP 2056 agreed to in Senate by Voice Vote.
Amendment SP 2057 proposed by Senator Dorgan.
Amendment SP 2057 agreed to in Senate by Yea-Nay Vote. 83-14. Record Vote No: 348.
Amendment SP 2058 proposed by Senator Grams.
Motion to table SP 2058 agreed to in Senate by Yea-Nay Vote. 60-38. Record Vote No: 349.
Amendment SP 2059 proposed by Senator Johnston for Senator Bingaman.
Amendment SP 2059 agreed to in Senate by Voice Vote.
Amendment SP 2060 proposed by Senator Johnston for Senator Lautenberg.
Amendment SP 2060 agreed to in Senate by Voice Vote.
Amendment SP 2061 proposed by Senator Johnston for Senator Daschle.
Amendment SP 2061 agreed to in Senate by Voice Vote.
Amendment SP 2062 proposed by Senator Johnston for Senator Baucus.
Amendment SP 2062 agreed to in Senate by Voice Vote.
Amendment SP 2063 proposed by Senator Johnston for Senator Byrd.
Amendment SP 2063 agreed to in Senate by Voice Vote.
Amendment SP 2064 proposed by Senator Johnston for Senator Feingold.
Amendment SP 2064 agreed to in Senate by Voice Vote.
Amendment SP 2065 proposed by Senator Johnston for Senator Boxer.
Amendment SP 2065 agreed to in Senate by Voice Vote.
Amendment SP 2066 proposed by Senator Domenici for Senator Hutchison.
Amendment SP 2066 agreed to in Senate by Voice Vote.
Amendment SP 2067 proposed by Senator Domenici for Senator Grams.
Amendment SP 2067 agreed to in Senate by Voice Vote.
Amendment SP 2068 proposed by Senator Domenici for Senator Warner.
Amendment SP 2068 agreed to in Senate by Voice Vote.
Amendment SP 2069 proposed by Senator Domenici for Senator Brown.
Amendment SP 2069 agreed to in Senate by Voice Vote.
Amendment SP 2070 proposed by Senator Domenici for Senator Brown.
Amendment SP 2070 agreed to in Senate by Voice Vote.
Amendment SP 2071 proposed by Senator Domenici for Senator Craig.
Amendment SP 2071 agreed to in Senate by Voice Vote.
Amendment SP 2072 proposed by Senator Domenici for Senator Pressler.
Amendment SP 2072 agreed to in Senate by Voice Vote.
Amendment SP 2073 proposed by Senator Domenici for Senator Dole.
Amendment SP 2073 agreed to in Senate by Voice Vote.
Amendment SP 2074 proposed by Senator Domenici for Senator Hatfield.
Amendment SP 2074 agreed to in Senate by Voice Vote.
Amendment SP 2075 proposed by Senator Domenici for Senator Pressler.
Amendment SP 2075 agreed to in Senate by Voice Vote.
Amendment SP 2076 proposed by Senator Wellstone.
Amendment SP 2076 agreed to in Senate by Voice Vote.
Passed Senate with amendments by Voice Vote.
Aug 3, 95:
Message on Senate action sent to the House.
Oct 31, 95:
Conference papers: Senate report and managers' statement and message on House action held at the desk in Senate.
Nov 1, 95:
Message on Senate action sent to the House.

Conference Action(s)

Aug 1, 95:
Senate insists on its amendments asks for a conference, appoints conferees Domenici; Hatfield; Cochran; Gorton; McConnell; Bennett; Burns; Johnston;
Byrd; Hollings; Reid; Kerrey; Murray.
Sep 7, 95:
On motion that the House disagree to the Senate amendments, and agree to a conference Agreed to without objection.
On motion that the House instruct conferees Agreed to by voice vote.
The Speaker appointed conferees: Myers, Rogers, Knollenberg, Riggs, Frelinghuysen, Bunn, Livingston, Bevill, Fazio, Chapman, and Obey.
Oct 24, 95:
Conference held.
Oct 25, 95:
Conferees agreed to file conference report.
Oct 26, 95:
Conference report H. Rept. 104-293 filed in House.
Oct 31, 95:
House Agreed to Conference Report by the Yeas and Nays: 402 - 24 (Roll no. 748).
Conference report considered in Senate.
Senate agreed to conference report by Yea-Nay Vote. 89-6. Record Vote No: 558.

Executive Action(s)

Oct 31, 95:
Cleared for White House.
Nov 7, 95:
Presented to President.
Nov 13, 95:
Signed by President.
Became Public Law No: 104-46.

COMPLETE BILL TEXT:
The complete bill text is available on Thomas: The Library of Congress Web Site. In Thomas, click on Full Text of Legislation, then 104th Congress Bills, then Search by Bill Number, type in hr 1905 , hit RUN QUERY, and choose the most recent version.

DIGEST:

(REVISED AS OF 10/26/95 -- Conference report filed in House)

TABLE OF CONTENTS:

Title I: Department of Defense-Civil
Title II: Department of the Interior
Title III: Department of Energy
Title IV: Independent Agencies
Title V: General Provisions

Energy and Water Development Appropriations Act, 1996 - Title I: Department of Defense-Civil - Makes appropriations for FY 1996 for: (1) authorized civil functions of the Department of the Army relating to rivers and harbors, flood control, beach erosion, and related purposes; (2) expenses necessary for the collection and study of information related to such purposes; (3) the prosecution of authorized water development and related projects (provided that the Secretary of the Army, acting through the Chief of Engineers, shall transfer specified funds to the Secretary of the Interior for operation and maintenance at specified Columbia River Fishing Access Sites to be constructed by the Department of the Army); (4) certain flood control projects on the Mississippi River and its related tributaries; (5) water development projects operation and maintenance (provided that the Secretary of the Army shall maintain a specified minimum conservation pool level at Wister Lake, Oklahoma); (6) regulatory programs; (7) flood control and coastal emergencies; (8) oil spill research; and (9) general expenses.

(Sec. 101) Directs the Secretary of the Army to advertise for competitive bid specified cubic yards of the hopper dredge volume accomplished with Government-owned dredges in FY 1992.

Authorizes the Secretary to use the dredge fleet of the Corps of Engineers to undertake projects when industry does not perform as required by contract or when the bids are more than 25 percent in excess of a fair and reasonable cost estimate.

Prohibits the use of any funds available to the Army Corps of Engineers to study, design, or undertake improvement or major repair of the Federal vessel McFARLAND (except for normal maintenance and repair to maintain its operational condition).

Prohibits the Secretary from significantly altering operating schedules of the remaining Federal hopper dredges if any of the four Corps of Engineers hopper dredges is removed from normal service for repair or rehabilitation, and such repair prevents the dredge from accomplishing its volume of work regularly carried out in each of the past three years.

(Sec. 102) Amends a specified Act relating to the project for navigation, Manistique Harbor, Schoolcraft County, Michigan, to permit installation of a sand and stone cap over sediments affected by polychlorinated biphenyls in accordance with an administrative order of the Environmental Protection Agency. States that such project shall continue to be maintained as a harbor of refuge.

(Sec. 103) Prohibits the use of any funds available to the Army Corps of Engineers for a movement to the Southeast Federal Center, except funds used to process required Department of the Army permits.

(Sec. 104) Modifies a flood control project authorized for Petersburg, West Virginia, to authorize the Secretary of the Army to construct the project at a specified cost.

(Sec. 105) Authorizes the Secretary of the Army to: (1) accept from a non-Federal sponsor certain additional lands contiguous to the Cooper Lake and Channels Project, Texas; and (2) redesignate certain mitigation land to recreation purposes. States that the cost of all work undertaken pursuant to this section shall be borne by the donating sponsor.

(Sec. 106) Authorizes the Secretary of the Army, acting through the Chief of Engineers, to undertake a specified Indianapolis, Indiana, project, to include certain riverfront alterations described in a specified master plan with specified estimated Federal and non-Federal costs.

(Sec. 107) Amends the Water Resources Development Act of 1992 to: (1) authorize increased appropriations for South Central Pennsylvania Environmental Restoration Infrastructure and Resource Protection Development Pilot Program providing environmental assistance to non-Federal interests in south central Pennsylvania; (2) increase the number of counties that compose "south central Pennsylvania"; and (3) revise the cost-sharing guidelines governing such program.

(Sec. 108) Directs the Secretary of the Army, acting through the Chief of Engineers, to proceed with engineering, design, and construction of flood control projects and improvements to rainfall drainage systems in Jefferson, Orleans, and St. Tammany Parishes in Louisiana. Authorizes appropriations.

(Sec. 109) Instructs the Secretary of the Army to convey specified Federal lands to the City of Prestonburg, Kentucky, for public use recreational purposes and to further the regional economic development, subject to certain conditions.

Title II: Department of the Interior - Makes FY 1996 appropriations for: (1) carrying out the Central Utah Project Completion Act; (2) the Bureau of Reclamation; (3) general investigations of proposed Federal reclamation projects (4) project construction and rehabilitation; (5) project operation and maintenance; (6) Bureau of Reclamation Loan Program Account; (7) the Central Valley Project Restoration Fund; and (8) general administrative expenses and special funds.

Title III: Department of Energy - Makes appropriations to the Department of Energy (DOE) for FY 1996 for: (1) energy supply, research, and development activities (2) uranium supply and enrichment activities; (3) Uranium Enrichment Decontamination and Decommissioning Fund; (4) general DOE science and research activities; (5) the Nuclear Waste Disposal Fund; (6) atomic energy defense weapons activities; (7) defense environmental restoration and waste management; (8) other DOE defense activities (9) defense nuclear waste disposal (subject to the condition that specified sums shall be available for obligation and expenditure only for an interim storage facility and only upon enactment of specific statutory authority); (10) DOE administrative expenses; (11) Office of the Inspector General; (12) operation, maintenance, construction, rehabilitation, and funding expenses of the various geographical power administrations of DOE (including operation, maintenance, and emergency costs for the hydroelectric facilities at the Falcon and Amistad Dams); and (13) salaries and expenses of the Federal Energy Regulatory Commission.

Title IV: Independent Agencies - Makes appropriations for FY 1996 for: (1) the Appalachian Regional Commission; (2) the Defense Nuclear Facilities Safety Board; (3) the Delaware River Basin Commission; (4) the Interstate Commission on the Potomac River Basin; (5) the Nuclear Regulatory Commission (NRC); (6) the NRC Office of the Inspector General; (7) the Nuclear Waste Technical Review Board; (8) the Susquehanna River Basin Commission; and (9) the Tennessee Valley Authority (TVA).

Sets a deadline by which TVA must submit a preliminary plan to the Congress securing funding for the environmental research center from sources other than direct appropriations to TVA.

Title V: General Provisions - (Sec. 501) Amends the Fiscal Year 1991 Energy and Water Development Appropriations Act to repeal the prohibition against the use of appropriated funds to: (1) change the employment levels determined necessary by the Administrators of the Federal Power Marketing Administrations; or (2) change the employment levels of other Department of Energy programs to compensate for the employment levels of the Federal Power Marketing Administrations.

(Sec. 502) Extends until five years after enactment of the Western Water Policy Review Act of 1992 the due date for the President's report regarding Federal activities in the 19 Western States which directly or indirectly affect the allocation and use of water resources.

(Sec. 503) Provides that a member of the Nuclear Waste Technical Review Board whose term has expired may continue to serve until a successor has taken office.

(Sec. 504) Amends specified Federal law to extend to October 1, 1996, the authorization of appropriations for the Trinity River Restoration Program of the Central Valley Project, California.

(Sec. 505) Declares the sense of the Congress that all equipment and products bought with funds under this Act should be American-made. Requires each Federal agency to give notice of this policy to any entity to whom it provides financial assistance or contracts.

(Sec. 506) Prohibits the use of funds made available in this Act to revise the Missouri River Master Water Control Manual when it is made known to the appropriate Federal authority to which the funds are made available that such revision provides for an increase in the springtime water release program during the spring heavy rainfall and snow melt period in States that have rivers draining into the Missouri River below the Gavins Point Dam.

(Sec. 507) Instructs the Secretary of the Interior to proceed without delay with facilities construction pursuant to the final Biological Opinion for the Animas-La Plata project, Colorado and New Mexico, dated October 25, 1991, in order to ensure timely implementation of the Colorado Ute Indian Water Rights Settlement Act of 1988.

(Sec.508) Authorizes the Administrator of the Bonneville Power Administration to dispose of excess Federal electric power: (1) outside the Pacific Northwest, if certain conditions are met; and (2) in any region without specified statutory prohibition on resale.

Requires the Northwest Power and Conservation Planning Council to report to the Congress on the most appropriate governance structure for more effective regional control over conservation efforts affecting anadromous and resident fish and wildlife within the Federal Columbia River Power System.

Authorizes the Assistant Secretary of the Army for Civil Works, acting through the North Pacific Division of the Corps of Engineers, to place orders for goods and services related to facilities for electric power generation and fish and wildlife mitigation associated with the Federal Columbia River Power System with and through the Administrator using the available authorities.

Declares that in spite of certain statutory rates, the cost benefits of eligible utilities' total purchase and exchange sales shall be $145 million for FY 1997, and the net benefits paid to each eligible electric utility shall be $145 million multiplied by the percentage of the total of such net benefits paid by the Administrator to such utility for FY 1995.

Authorizes the Administrator to offer employees voluntary separation incentives not to exceed $25,000. Provides that recipients who accept Federal employment within five years after separation must repay the entire amount to the Bonneville Power Administration.

(Sec. 509) Amends the Magnetic Fusion Energy Engineering Act to repeal the mandate for establishment of a technical panel on magnetic fusion of the Energy Research Advisory Board to review the conduct of the national magnetic fusion energy program.

(Sec. 510) Mandates specified water levels at dams at International Falls and Kettle Falls, Minnesota, in Rainy Lake and Namakan Lake, respectively. Confers enforcement authority for such water levels upon the Federal Energy Regulatory Commission.

(Source: Library of Congress)


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Last updated July 11, 1996 by Heidi Mohlman, Government Affairs intern

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