PlainBillCongress, translated.Legislation. Context. Public interest.Became Public Law No: 104-46.
Congressional Research Service
Version 48 · Conference report filed in House · Oct 26, 1995
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 - 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.
People & committees
Rep. Myers, John T. [R-IN-7] · R–IN
Legislative record
A procedural vote is different from passage. Passage in one chamber does not establish enactment. Explore the glossary.
Became Public Law No: 104-46.
Became Public Law No: 104-46.
Signed by President.
Signed by President.
Presented to President.
Presented to President.
Message on Senate action sent to the House.
Senate agreed to conference report by Yea-Nay Vote. 89-6. Record Vote No: 558. (consideration: CR S16398)
Senate roll call 558 · Individual votesConference report agreed to in Senate: Senate agreed to conference report by Yea-Nay Vote. 89-6. Record Vote No: 558.(consideration: CR S16398)
Senate roll call 558 · Individual votesConference report considered in Senate.
Conference papers: Senate report and managers' statement and message on House action held at the desk in Senate.
On agreeing to the conference report Agreed to by the Yeas and Nays: 402 - 24 (Roll no. 748). (consideration: CR H11513)
House roll call 748 · Individual votesMotion to reconsider laid on the table Agreed to without objection.
Conference report agreed to in House: On agreeing to the conference report Agreed to by the Yeas and Nays: 402 - 24 (Roll no. 748).(consideration: CR H11513)
House roll call 748 · Individual votesThe previous question was ordered without objection.
DEBATE - The House proceeded with one hour of debate.
Mr. Myers brought up conference report H. Rept. 104-293 for consideration under the provisions of H. Res. 248.
Rule H. Res. 248 passed House.
Rules Committee Resolution H. Res. 248 Reported to House. Rule provides for consideration of the conference report to H.R. 1905. Upon adoption of this resolution, all points of order against the confernece report accompanying the bill and against its consideration shall be waived. The waiver apply to clause 2 of rule XX, relating to legislation and unauthorized items on a general appropriations bill, specifically amendment Nos. 7, 13, and 14. The waiver shall also apply to clause 3 of rule XXVII, to protect provisions which exceed the scope of differences between the House and Senate, specifically amendment Nos. 1, 12 and 37.
Conference report H. Rept. 104-293 filed. (text of conference report: CR H10913-10974)
Conference report filed: Conference report H. Rept. 104-293 filed.(text of conference report: CR H10913-10974)
Conferees agreed to file conference report.
Conference committee actions: Conferees agreed to file conference report.
Conference held.
Conference committee actions: Conference held.
Motion to reconsider laid on the table Agreed to without objection.
The Speaker appointed conferees: Myers, Rogers, Knollenberg, Riggs, Frelinghuysen, Bunn, Livingston, Bevill, Fazio, Chapman, and Obey.
Motion to reconsider laid on the table Agreed to without objection.
On motion that the House instruct conferees Agreed to by voice vote. (consideration: CR H8664)
The previous question was ordered without objection.
DEBATE - The House proceeded with ten minutes of debate on the Bevill motion to instruct conferees on the part of the House that, with regard to resolving differences with the Senate regarding projects and programs of the U.S. Corps of Engineers, the managers should select projects and programs within the scope of the conference without regard to the proposal of the Administration to reduce the role of the Corps of Engineers in flood control, shore protection, and navigation projects.
Mr. Bevill moved that the House instruct conferees.
Motion to reconsider laid on the table Agreed to without objection.
On motion that the House disagree to the Senate amendments, and agree to a conference Agreed to without objection. (consideration: CR H8664)
The previous question was ordered without objection.
Mr. Myers asked unanimous consent that the House disagree to the Senate amendments, and agree to a conference.
Message on Senate action sent to the House.
Senate insists on its amendments asks for a conference, appoints conferees Domenici; Hatfield; Cochran; Gorton; McConnell; Bennett; Burns; Johnston; Byrd; Hollings; Reid; Kerrey; Murray. (consideration: CR S11105)
Passed Senate with amendments by Voice Vote.
Passed/agreed to in Senate: Passed Senate with amendments by Voice Vote.
Amendment SP 2076 agreed to in Senate by Voice Vote.
Amendment SP 2076 proposed by Senator Wellstone.
Amendment SP 2075 agreed to in Senate by Voice Vote.
Amendment SP 2075 proposed by Senator Domenici for Senator Pressler.
Amendment SP 2074 agreed to in Senate by Voice Vote.
Amendment SP 2074 proposed by Senator Domenici for Senator Hatfield.
Amendment SP 2073 agreed to in Senate by Voice Vote.
Amendment SP 2073 proposed by Senator Domenici for Senator Dole.
Amendment SP 2072 agreed to in Senate by Voice Vote.
Amendment SP 2072 proposed by Senator Domenici for Senator Pressler.
Amendment SP 2071 agreed to in Senate by Voice Vote.
Amendment SP 2071 proposed by Senator Domenici for Senator Craig.
Amendment SP 2070 agreed to in Senate by Voice Vote.
Amendment SP 2070 proposed by Senator Domenici for Senator Brown.
Amendment SP 2069 agreed to in Senate by Voice Vote.
Amendment SP 2069 proposed by Senator Domenici for Senator Brown.
Amendment SP 2068 agreed to in Senate by Voice Vote.
Amendment SP 2068 proposed by Senator Domenici for Senator Warner.
Amendment SP 2067 agreed to in Senate by Voice Vote.
Amendment SP 2067 proposed by Senator Domenici for Senator Grams.
Amendment SP 2066 agreed to in Senate by Voice Vote.
Amendment SP 2066 proposed by Senator Domenici for Senator Hutchison.
Amendment SP 2065 agreed to in Senate by Voice Vote.
Amendment SP 2065 proposed by Senator Johnston for Senator Boxer.
Amendment SP 2064 agreed to in Senate by Voice Vote.
Amendment SP 2064 proposed by Senator Johnston for Senator Feingold.
Amendment SP 2063 agreed to in Senate by Voice Vote.
Amendment SP 2063 proposed by Senator Johnston for Senator Byrd.
Amendment SP 2062 agreed to in Senate by Voice Vote.
Amendment SP 2062 proposed by Senator Johnston for Senator Baucus.
Amendment SP 2061 agreed to in Senate by Voice Vote.
Amendment SP 2061 proposed by Senator Johnston for Senator Daschle.
Amendment SP 2060 agreed to in Senate by Voice Vote.
Amendment SP 2060 proposed by Senator Johnston for Senator Lautenberg.
Amendment SP 2059 agreed to in Senate by Voice Vote.
Amendment SP 2059 proposed by Senator Johnston for Senator Bingaman.
Motion to table SP 2058 agreed to in Senate by Yea-Nay Vote. 60-38. Record Vote No: 349.
Senate roll call 349 · Individual votesAmendment SP 2058 proposed by Senator Grams.
Amendment SP 2057 agreed to in Senate by Yea-Nay Vote. 83-14. Record Vote No: 348.
Senate roll call 348 · Individual votesAmendment SP 2057 proposed by Senator Dorgan.
Amendment SP 2056 agreed to in Senate by Voice Vote.
Amendment SP 2056 proposed by Senator Abraham.
Amendment SP 2055 agreed to in Senate by Yea-Nay Vote. 62-38. Record Vote No: 347.
Senate roll call 347 · Individual votesAmendment SP 2055 proposed by Senator Bumpers.
Amendment SP 2054 as modified agreed to in Senate by Voice Vote.
Amendment SP 2054 proposed by Senator Jeffords.
Amendment SP 2053 agreed to in Senate by Voice Vote.
Amendment SP 2053 proposed by Senator Domenici for Senator Reid.
Considered by Senate. (consideration: CR S11068-11099, S11101-11105)
Measure laid before Senate by unanimous consent. (consideration: CR S10918-10922, S10926-10929)
Committee on Appropriations. Ordered to be reported with amendments favorably.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 156.
Committee on Appropriations. Reported to Senate by Senator Domenici with amendments. With written report No. 104-120.
Committee on Appropriations. Reported to Senate by Senator Domenici with amendments. With written report No. 104-120.
Subcommittee on Energy and Water Development. Approved for full committee consideration with amendments favorably.
Received in the Senate and read twice and referred to the Committee on Appropriations.
Motion to reconsider laid on the table Agreed to without objection.
On passage Passed by the Yeas and Nays: 400 - 27 (Roll no. 494).
House roll call 494 · Individual votesPassed/agreed to in House: On passage Passed by the Yeas and Nays: 400 - 27 (Roll no. 494).
House roll call 494 · Individual votesThe House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.
The previous question was ordered pursuant to the rule.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1905.
On sustaining the ruling of the Chair. Agreed to by recorded vote: 255 - 167 (Roll no. 493).
House roll call 493 · Individual votesMr. Markey appealed the ruling of the Chair. The question was then put on sustaining the ruling of the Chair.
DEBATE - The Committee of the Whole proceeded with 60 minutes of debate on the Klug amendment.
Mr. Myers asked unanimous consent that the time for debate on the Klug amendment and all amendments thereto, be limited to not to exceed 60 minutes. Agreed to without objection.
DEBATE - The Committee of the Whole proceeded with 15 minutes of additional debate on the Klug amendment.
Mr. Myers asked unanimous consent that the time for debate on the Klug amendment and all amendments thereto, be limited to not to exceed 15 minutes, with 10 minutes of the time allocated to Mr. Klug, and 5 minutes allocated to Mr. Bevill. Agreed to without objection.
DEBATE - The Committee of the Whole proceeded with 12 minutes of debate on the Ward amendment.
Mr. Myers asked unanimous consent that the time for debate on the Ward amendment and all amendments thereto, be limited to not to exceed 12 minutes. Agreed to without objection.
DEBATE - The Committee of the Whole proceeded with 40 minutes of debate on the Klug amendment.
Mr. Myers asked unanimous consent that the time for debate on the Klug amendment, and all amendments thereto, be limited to not to exceed 40 minutes. Agreed to without objection.
DEBATE - The Committee of the Whole proceeded with 40 minutes of debate on the Obey amendment.
Mr. Myers asked unanimous consent that the time for debate on the amendment, and all amendments thereto be limited to not to exceed 40 minutes. Agreed to without objection.
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 171 and Rule XXIII.
Considered as unfinished business. (consideration: CR H6838-6883)
Committee of the Whole House on the state of the Union rises leaving H.R. 1905 as unfinished business.
On motion that the Committee rise Agreed to by voice vote.
Mr. Myers moved that the Committee rise.
Mr. Myers asked unanimous consent that debate on the Obey amendment and all amendments thereto be limited to 30 minutes. Agreed to without objection.
DEBATE - By unanimous consent, the Committee of the Whole proceeded with 10 minutes of debate on the DeFazio amendment.
Mr. DeFazio asked unanimous consent to return to Title II of the bill. Agreed to without objection.
DEBATE - The Committee proceeded with up to 10 minutes of debate on the Shuster en bloc amendment.
Mr. Shuster raised a point of order against the content of the measure. The Chair sustained the point of order.
GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate.
The Speaker designated the Honorable Michael G. Oxley to act as Chairman of the Committee.
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 171 and Rule XXIII.
Rule provides for consideration of H.R. 1905 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Points of order against specific provisions of the bill shall be waived. Measure will be read by title. Bill is open to amendments. Before consideration of any other amendment it shall be in order to consider the amendment printed in the report accompanying this resolution. The amendment shall be debatable for 10 minutes and shall not be subject to further amendment. After the disposition of the amendment, the provisions of the bill as then perfected shall be considered as original text. Priority in offering amendments may be given to those amendments printed in the Congressional Record prior to consideration.
Considered under the provisions of rule H. Res. 171. (consideration: CR H6772-6815)
Rule H. Res. 171 passed House.
Rules Committee Resolution H. Res. 171 Reported to House. Rule provides for consideration of H.R. 1905 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Points of order against specific provisions of the bill shall be waived. Measure will be read by title. Bill is open to amendments. Before consideration of any other amendment it shall be in order to consider the amendment printed in the report accompanying this resolution. The amendment shall be debatable for 10 minutes and shall not be subject to further amendment. After the disposition of the amendment, the provisions of the bill as then perfected shall be considered as original text. Priority in offering amendments may be given to those amendments printed in the Congressional Record prior to consideration.
Placed on the Union Calendar, Calendar No. 69.
The House Committee on Appropriations reported an original measure, H. Rept. 104-149, by Mr. Myers.
The House Committee on Appropriations reported an original measure, H. Rept. 104-149, by Mr. Myers.
Ordered to be Reported.
Committee Consideration and Mark-up Session Held.
Introduced in House
Forwarded by Subcommittee to Full Committee.
Final Day of Subcommittee Mark-up.
First Day of Subcommittee Mark-up.
Final Day of Subcommittee Hearings.
First Day of Subcommittee Hearings.
Referred to the Subcommittee on Energy and Water Development.
Referred to the House Committee on Appropriations.
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Analyze H.R.1905 as objectively as possible. Explain its main provisions, who would be affected, possible benefits and harms, implementation, exceptions, and uncertainties. Present the strongest arguments for and against it, and identify evidence needed to assess its public impact.
Examine H.R.1905 through a progressive lens, focusing on fairness, access, economic inequality, and effects on vulnerable communities. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and distinguish stated goals from demonstrated outcomes.
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