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104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    104-312
_______________________________________________________________________


 
ALASKA POWER ADMINISTRATION SALE AND EXPORTS OF ALASKAN NORTH SLOPE OIL

                                _______


                November 6, 1995.--Ordered to be printed

_______________________________________________________________________


 Mr. Young of Alaska, from the committee of conference, submitted the 
                               following

                           CONFERENCE REPORT

                         [To accompany S. 395]

    The committee of conference on the disagreeing votes of the 
two Houses on the amendments of the House to the bill (S. 395), 
to authorize and direct the Secretary of Energy to sell the 
Alaska Power Administration, and to authorize the export of 
Alaska North Slope crude oil, and for other purposes, having 
met, after full and free conference, have agreed to recommend 
and do recommend to their respective Houses as follows:

Amendment numbered 1:
    That the Senate recede from its disagreement to the 
amendment of the House numbered 1, and agree to the same with 
an amendment, as follows:
    In lieu of the matter proposed to be stricken by the House 
amendment, insert the following:

    TITLE I--ALASKA POWER ADMINISTRATION ASSET SALE AND TERMINATION

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Alaska Power 
Administration Asset Sale and Termination Act''.

SEC. 102. DEFINITIONS.

    For purposes of this title:
            (1) The term ``Eklutna'' means the Eklutna 
        Hydroelectric Project and related assets as described 
        in section 4 and Exhibit A of the Eklutna Purchase 
        Agreement.
            (2) The term ``Eklutna Purchase Agreement'' means 
        the August 2, 1989, Eklutna Purchase Agreement between 
        the Alaska Power Administration of the Department of 
        Energy and the Eklutna Purchasers, together with any 
        amendments thereto adopted before the enactment of this 
        section.
            (3) The term ``Eklutna Purchasers'' means the 
        Municipality of Anchorage doing business as Municipal 
        Light and Power, the Chugach Electric Association, Inc. 
        and the Matanuska Electric Association, Inc.
            (4) The term ``Snettisham'' means the Snettisham 
        Hydroelectric Project and related assets as described 
        in section 4 and Exhibit A of the Snettisham Purchase 
        Agreement.
            (5) The term ``Snettisham Purchase Agreement'' 
        means the February 10, 1989, Snettisham Purchase 
        Agreement between the Alaska Power Administration of 
        the Department of Energy and the Alaska Power Authority 
        and its successors in interest, together with any 
        amendments thereto adopted before the enactment of this 
        section.
            (6) The term ``Snettisham Purchaser'' means the 
        Alaska Industrial Development and Export Authority or a 
        successor State agency or authority.

SEC. 103. SALE OF EKLUTNA AND SNETTISHAM HYDROELECTRIC PROJECTS.

    (a) Sale of Eklutna.--The Secretary of Energy is authorized 
and directed to sell Eklutna to the Eklutna Purchasers in 
accordance with the terms of this Act and the Eklutna Purchase 
Agreement.
    (b) Sale of Snettisham.--The Secretary of Energy is 
authorized and directed to sell Snettisham to the Snettisham 
Purchaser in accordance with the terms of this Act and the 
Snettisham Purchase Agreement.
    (c) Cooperation of Other Agencies.--The heads of other 
Federal departments, agencies, and instrumentalities of the 
United States shall assist the Secretary of Energy in 
implementing the sales and conveyances authorized and directed 
by this title.
    (d) Proceeds.--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) Authorization of Appropriations.--There are authorized 
to be appropriated such sums as may be necessary to prepare, 
survey, and acquire Eklutna and Snettisham for sale and 
conveyance. Such preparations and acquisitions shall provide 
sufficient title to ensure the beneficial use, enjoyment, and 
occupancy by the purchasers.
    (f) Contributed Funds.--Notwithstanding any other provision 
of law, the Alaska Power Administration is authorized to 
receive, administer, and expend such contributed funds as may 
be provided by the Eklutna Purchasers or customers or the 
Snettisham Purchaser or customers for the purposes of 
upgrading, improving, maintaining, or administering Eklutna or 
Snettisham. Upon the termination of the Alaska Power 
Administration under section 104(f), the Secretary of Energy 
shall administer and expend any remaining balances of such 
contributed funds for the purposes intended by the 
contributors.

SEC. 104. EXEMPTION AND OTHER PROVISIONS.

    (a) Federal Power Act.--(1) After the sales authorized by 
this Act occur, Eklutna and Snettisham, including future 
modifications, shall continue to be exempt from the 
requirements of Part I of the Federal Power Act (16 U.S.C. 791a 
et seq.), except as provided in subsection (b).
    (2) The exemption provided by paragraph (1) shall 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) Subsequent Transfers.--Except for subsequent assignment 
of interest in Eklutna by the Eklutna Purchasers to the Alaska 
Electric Generation and Transmission Cooperative Inc. pursuant 
to section 19 of the Eklutna Purchase Agreement, upon any 
subsequent sale or transfer of any portion of Eklutna or 
Snettisham from the Eklutna Purchasers or the Snettisham 
Purchaser to any other person, the exemption set forth in 
paragraph (1) of subsection (a) of this section shall cease to 
apply to such portion.
    (c) Review.--(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 90 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 90 days after the 
challenged act implementing the Program, or be barred.
    (d) Eklutna Lands.--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) 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.
            (3) 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), 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).
    (e) Snettisham Lands.--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).
    (f) Termination of Alaska Power Administration.--Not later 
than one year after both of the sales authorized in section 103 
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.
    (g) Repeals.--(1) The Act of July 31, 1950 (64 Stat. 382) 
is repealed effective on the date that Eklutna is conveyed to 
the Eklutna Purchasers.
    (2) Section 204 of the Flood Control Act of 1962 (76 Stat. 
1193) is repealed effective on the date that Snettisham is 
conveyed to the Snettisham Purchaser.
    (3) The Act of August 9, 1955, concerning water resources 
investigation in Alaska (69 Stat. 618), is repealed.
    (h) DOE Organization Act.--As of the later of the two dates 
determined in paragraphs (1) and (2) of subsection (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) Disposal.--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).

SEC. 105. OTHER FEDERAL HYDROELECTRIC PROJECTS.

    The provisions of this title regarding the sale of the 
Alaska Power Administration's hydroelectric projects under 
section 103 and the exemption of these projects from Part I of 
the Federal Power Act under section 104 do not apply to other 
Federal hydroelectric projects.
    And the House agree to the same.

    Amendment numbered 2:
    That the Senate recede from its disagreement to the 
amendment of the House numbered 2, and agree to the same with 
an amendment, as follows:
    In lieu of the matter proposed to be inserted by the House 
amendment, insert the following:

              TITLE II--EXPORTS OF ALASKAN NORTH SLOPE OIL

SEC. 201. EXPORTS OF ALASKAN NORTH SLOPE OIL.

    Section 28 of the Mineral Leasing Act (30 U.S.C. 185) is 
amended by amending subsection (s) to read as follows:


                  ``exports of alaskan north slope oil


    ``(s)(1) Subject to paragraphs (2) through (6) of this 
subsection and notwithstanding any other provision of this Act 
or any other provision of law (including any regulation) 
applicable to the export of oil transported by pipeline over 
right-of-way granted pursuant to section 203 of the Trans-
Alaska Pipeline Authorization Act (43 U.S.C. 1652), such oil 
may be exported unless the President finds that exportation of 
this oil is not in the national interest. The President shall 
make his national interest determination within five months of 
the date of enactment of this subsection. In evaluating whether 
exports of this oil are in the national interest, the President 
shall at a minimum consider--
            ``(A) whether exports of this oil would diminish 
        the total quantity or quality of petroleum available to 
        the United States;
            ``(B) the results of an appropriate environmental 
        review, including consideration of appropriate measures 
        to mitigate any potential adverse effects of exports of 
        this oil on the environment, which shall be completed 
        within four months of the date of the enactment of this 
        subsection; and
            ``(C) whether exports of this oil are likely to 
        cause sustained material oil supply shortages or 
        sustained oil prices significantly above world market 
        levels that would cause sustained material adverse 
        employment effects in the United States or that would 
        cause substantial harm to consumers, including 
        noncontiguous States and Pacific territories.

If the President determines that exports of this oil are in the 
national interest, he may impose such terms and conditions 
(other than a volume limitation) as are necessary or 
appropriate to ensure that such exports are consistent with the 
national interest.
    ``(2) Except in the case of oil exported to a country with 
which the United States entered into a bilateral international 
oil supply agreement before November 26, 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 section 203 of the Trans-
Alaska Pipeline Authorization Act (43 U.S.C. 1652) 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.), the National Emergencies Act (50 U.S.C. 1601 et seq.), 
or Part B of title II of the Energy Policy and Conservation Act 
(42 U.S.C. 6271-76) to prohibit exports.
    ``(4) The Secretary of Commerce shall issue any rules 
necessary for implementation of the President's national 
interest determination, including any licensing requirements 
and conditions, 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 exporting oil 
under authority of this subsection has caused sustained 
material oil supply shortages or sustained oil prices 
significantly above world market levels and further finds that 
these supply shortages or price increases have caused or are 
likely to cause sustained material adverse employment effects 
in the United States, the Secretary of Commerce, in 
consultation with the Secretary of Energy, shall recommend, and 
the President may take, appropriate action concerning exports 
of this oil, which may include modifying or revoking authority 
to export such oil.
    ``(6) Administrative action under this subsection is not 
subject to sections 551 and 553 through 559 of title 5, United 
States Code.''.

SEC. 202. GAO REPORT.

    (a) Review.--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 oil exports, if 
any, on consumers, independent refiners, and shipbuilding and 
ship repair yards on the West Coast and in Hawaii. The 
Comptroller General shall commence this review three years 
after the date of enactment of this Act and, within twelve 
months after commencing the review, shall provide a report to 
the Committee on Energy and Natural Resources of the Senate and 
the Committee on Resources and the Committee on Commerce of the 
House of Representatives.
    (b) Contents of Report.--The report shall contain a 
statement of the principal findings of the review and 
recommendations for Congress and the President to address job 
loss in the shipbuilding and ship repair industry on the West 
Coast, as well as adverse impacts on consumers and refiners on 
the West Coast and in Hawaii, that the Comptroller General 
attributes to Alaska North Slope oil exports.
    And the House agree to the same.

Amendment numbered 3:
    That the Senate recede from its disagreement to the 
amendment of the House numbered 3, and agree to the same with 
an amendment, as follows:
    In lieu of the matter proposed to be stricken by the House 
amendment, insert the following:

SEC. 203. GRANT AUTHORITY.

    (a) In General.--The Secretary of Transportation 
(``Secretary'') may make grants to the Multnomah County Tax 
Supervising and Conservation Commission of Multnomah County, 
Oregon (``Commission'') in accordance with this section, not to 
exceed the amount determined in subsection (b)(2).
    (b) Finding and Determination.--Before making any grant 
under this section not earlier than one year after exports of 
Alaskan North Slope oil commence pursuant to section 201, the 
Secretary shall--
            (1) find on the basis of substantial evidence that 
        such exports are directly or indirectly a substantial 
        contributing factor to the need to levy port district 
        ad valorem taxes under Oregon Revised Statutes section 
        294.381; and
            (2) determine the amount of such levy attributable 
        to the export of Alaskan North Slope oil.
    (c) Agreement.--Before receiving a grant under this section 
for the relief of port district ad valorem taxes which would 
otherwise be levied under Oregon Revised Statutes section 
294.381, the Commission shall enter into an agreement with the 
Secretary to--
            (1) establish a segregated account for the receipt 
        of grant funds;
            (2) deposit and keep grant funds in that account;
            (3) use the funds solely for the purpose of 
        payments in accordance with this subsection, as 
        determined pursuant to Oregon Revised Statutes sections 
        294.305-565, and computed in accordance with generally 
        accepted accounting principles; and
            (4) terminate such account at the conclusion of 
        payments subject to this subsection and to transfer any 
        amounts, including interest, remaining in such account 
        to the Port of Portland for use in transportation 
        improvements to enhance freight mobility.
    (d) Report.--Within 60 days of issuing a grant under this 
section, the Secretary shall submit any finding and 
determination made under subsection (b), including supporting 
information, to the Committee on Energy and Natural Resources 
of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives.
    (e) Authorization of Appropriations.--There are authorized 
to be appropriated to the Secretary of Transportation to carry 
out subsection (a), $15,000,000 for fiscal year 1997, to remain 
available until October 1, 2003.
    And the House agree to the same.

Amendment numbered 4:
    That the Senate recede from its disagreement to the 
amendment of the House numbered 4, and agree to the same with 
an amendment, as follows:
    In lieu of the matter proposed to be stricken by the House 
amendment, insert the following:

                        TITLE IV--MISCELLANEOUS

SEC. 401. EMERGENCY RESPONSE PLAN.

    (a) In General.--Within 15 months after the date of the 
enactment of this Act, the Commandant of the Coast Guard shall 
submit a plan to Congress on the most cost-effective means of 
implementing an international private-sector tug-of-opportunity 
system, including a coordinated system of communication, using 
existing towing vessels to provide timely emergency response to 
a vessel in distress transiting the waters within the 
boundaries of the Olympic Coast National Marine Sanctuary or 
the Strait of Juan de Fuca.
    (b) Coordination.--In carrying out this section, the 
Commandant, in consultation with the Secretaries of State and 
Transportation, shall coordinate with the Canadian Government 
and the United States and Canadian maritime industries.
    (c) Access to Information.--If necessary, the Commandant 
shall allow United States nonprofit maritime organizations 
access to United States Coast Guard radar imagery and 
transponder information to identify and deploy towing vessels 
for the purpose of facilitating emergency response.
    (d) Towing Vessel Defined.--For the purpose of this 
section, the term ``towing vessel'' has the meaning given that 
term by section 2101(40) of title 46, United States Code.
    And the House agree to the same.

Amendment numbered 5:
    That the Senate recede from its disagreement to the 
amendment of the House numbered 5, and agree to the same with 
an amendment, as follows:
    In lieu of the matter proposed to be stricken by the House 
amendment, insert the following:

      TITLE III--OUTER CONTINENTAL SHELF DEEP WATER ROYALTY RELIEF

SEC. 301. SHORT TITLE.

    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--
            (1) by designating the provisions of paragraph (3) 
        as subparagraph (A) of such paragraph (3); and
            (2) by inserting after subparagraph (A), as so 
        designated, the following:
    ``(B) In the Western and Central Planning Areas of the Gulf 
of Mexico and the portion of the Eastern Planning Area of the 
Gulf of Mexico encompassing whole lease blocks lying west of 87 
degrees, 30 minutes West longitude, 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.
    ``(C)(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)(I), 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. 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 
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--
            (1) by redesignating subparagraph (H) as 
        subparagraph (I);
            (2) by striking ``or'' at the end of subparagraph 
        (G); and
            (3) by inserting after subparagraph (G) the 
        following new subparagraph:
            ``(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, 
        which suspensions may vary based on the price of 
        production from the lease; or''.

SEC. 304. LEASE SALES.

    For all tracts located in water depths of 200 meters or 
greater in the Western and Central Planning Area 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.

SEC. 306. SAVINGS CLAUSE.

    Nothing in this title shall be construed to affect any 
offshore pre-leasing, leasing, or development moratorium, 
including any moratorium applicable to the Eastern Planning 
Area of the Gulf of Mexico located off the Gulf Coast of 
Florida.
    And the House agree to the same.

Amendment to title:
    That the House recede from its amendment to the title of 
the bill.
                For consideration of House amendment No. 1:
                                   Don Young,
                                   Ken Calvert,
                                   Tom Bliley,
                For consideration of House amendment No. 2:
                                   Don Young,
                                   Ken Calvert,
                                   William Thomas,
                                   Tom Bliley,
                                   Howard Coble,
                                   Lee H. Hamilton,
                                   Jim Oberstar,
                For consideration of House amendment No. 3:
                                   Floyd Spence,
                                   John R. Kasich,
                For consideration of House amendment No. 4:
                                   Howard Coble,
                                   Tillie K. Fowler,
                                   Jim Oberstar,
                For consideration of House amendment No. 5:
                                   Don Young,
                                   Ken Calvert,
                                 Managers on the Part of the House.
                                   Frank H. Murkowski,
                                   Pete V. Domenici,
                                   J. Bennett Johnston,
                                   Wendell Ford,
                                Managers on the Part of the Senate.
       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

      The managers on the part of the House and the Senate at 
the conference on the disagreeing votes of the two Houses on 
the amendments of the House to the bill (S. 395) to authorize 
and direct the Secretary of Energy to sell the Alaska Power 
Administration, and to authorize the export of Alaska North 
Slope crude oil, and for other purposes, submit the following 
joint statement to the House and the Senate in explanation of 
the effect of the action agreed upon by the managers and 
recommended in the accompanying conference report:
      House amendment numbered 1 struck title I of the Senate 
bill. House amendment numbered 2 struck sections 201 through 
204 of the Senate bill and inserted the text of H.R. 70, as 
passed by the House. House amendment numbered 3 struck section 
205 of the Senate bill. House amendment numbered 4 struck 
section 206 of the Senate bill. House amendment numbered 5 
struck title III of the Senate bill.
      With respect to House amendment numbered 1, 2, 3, 4, and 
5, and Senate receded from its disagreement to each House 
numbered amendment with an amendment.
      The differences between the Senate bill, the House 
amendments, and the amendment agreed to in conference are noted 
below, except for clerical corrections, conforming changes made 
necessary by agreements reached by the conferees, and minor 
drafting and clarifying changes.

    Title I--Alaska Power Administration Asset Sale and Termination

                              Senate bill

      Title I of the Senate bill provides for the sale of the 
Alaska Power Administration's (APA) assets, an the termination 
of the APA once the sale occurs. It also provides for the 
exemption of the two hydroelectric projects from the licensing 
requirements of Part I of the Federal Power Act.

                       House amendment numbered 1

      The House amendment struck Title I of the Senate bill.

                          Conference agreement

      The House receded to the Senate with an amendment.
      The Conference Report adopts the Senate language with 
minor changes. The APA's assets will be sold pursuant to the 
1989 purchase agreements between the Department of Energy and 
the purchasers. The Snettisham hydroelectric project and 
related assets will be sold to the State of Alaska. the Eklutna 
hydroelectric project and related assets will be sold jointly 
to the Municipality of Anchorage, the Chugach Electric 
Association, and the Matanuska Electric Association. For both 
projects, the sale price is determined by calculating the net 
present value of the remaining debt service payments the 
Treasury would receive if the Federal Government retained 
ownership.
      This provision and the separate formal agreements provide 
for the full protection of fish and wildlife. The purchasers, 
the State of Alaska, the National Marine Fisheries Service 
(NMFS), and the U.S. Fish and Wildlife Service (USFWS) have 
entered into a formal agreement providing for post-sale 
protection, mitigation, and enhancement of fish and wildlife 
resources affected by Eklutna and Snettisham. This provision 
makes that agreement legally enforceable.
      As a result of the formal agreements, the Department of 
Energy, the Department of the Interior, and NMFS all agree that 
the two hydroelectric projects warrant exemption from the 
Federal Energy Regulatory Commission (FERC) licensing under 
Part I of the Federal Power Act. The August 7, 1991, formal 
purchase agreement states:

            NMFS, USFWS and the State agree that the following 
        mechanism to develop and implement measures to protect, 
        mitigate damages to, and enhance fish and wildlife 
        (including related spawning grounds and habitat) 
        obviate the need for the Eklutna Purchasers and AEA to 
        obtain FERC licenses. [Emphasis supplied.]

      The Alaska Power Administration has 34 people located in 
the State of Alaska. The purchasers of the two projects have 
pledges to hire as many of these as possible. For those who do 
not receive offers of employment, the Department of Energy has 
pledged it will offer employment to any remaining APA 
employees, although the DOE jobs are expected to be in the 
lower 48 States.
      The House-passed bill did not contain any comparable 
provisions. The Conference Agreement adopts the Senate-passed 
bill with two material changes.
      First, section 104(a)(1) of the Conference Agreement 
provides an exemption for Eklutna and Snettisham only from Part 
I of the Federal Power Act (hydroelectric licensing), not from 
the entire Federal Power Act. That was intended by the Senate. 
By making this change, the Conferees do not intend to imply 
that the purchasers who are already exempt from other aspects 
of the Federal Power Act lose that broader exemption. Nor do 
the Conferees intend to imply that merely by reason of this 
provision the other parts of the Federal Power Act apply to 
Eklutna and Snettisham. They apply if they would have applied 
in the absence of this provision.
      Second, new section 104(b) provides that upon sale or 
transfer of any portion of Eklutna or Snettisham from the 
purchasers to any person (i.e. a person other than a purchaser 
defined in section 102), the exemption from Part I of the 
Federal Power Act shall cease to apply to that portion of 
Eklutna or Snettisham. However, the exemption from Part I will 
continue to apply if the sale or transfer is from one purchaser 
to another purchaser, as defined in section 102. The 
elimination of exemption from Part I for a sold or transferred 
portion of Eklutna or Snettisham does not mandate the licensing 
of that portion, it only eliminates the exemption from the 
application of Part I. If licensing is not otherwise required 
under Part I of the Federal Power Act for that portion, it is 
not required by reason of section 104(b). The disposition of a 
portion of the Eklutna or Snettisham assets does not affect the 
remaining portions. The one exception to this rule is a 
subsequent assignment of interests in Eklutna by the Eklutna 
Purchasers to the Alaska Electric Generation and Transmission 
Cooperative Inc. pursuant to section 19 of the Eklutna Purchase 
Agreement will not result in the elimination of the exemption 
from Part I of the Federal Power Act for that interest.
      Sections 104(d) and 104(e) address selection and transfer 
of Eklutna and Snettisham lands. It is the intent of these 
provisions that notwithstanding the expiration of the right of 
the State of Alaska to make selections under section 6 of the 
Alaska Statehood Act, the State may select lands pursuant to 
this provision and the Eklutna and Snettisham Purchase 
Agreements. Likewise, it is the intent of this legislation that 
the Secretary of the Interior shall convey lands selected by 
the State of Alaska, notwithstanding any limitations contained 
in section 6(b) of the Alaska Statehood Act.
      The Conferees agree that the circumstances justifying 
exemption from licensing under Part I of the Federal Power Act 
for these two Federally-owned hydroelectric projects are 
unique, and that they would not justify a similar exemption for 
any other Federally-owned hydroelectric project if sold. The 
Conferees agree that if other Federally-owned hydroelectric 
projects whose generation is marketed by other Federal power 
marketing administrations are privatized, these circumstances 
would not justify an exemption from Part I. This is reflected 
in section 105 of the Conference Agreement.

              Title II--Exports of Alaskan North Slope Oil

                              senate bill

      Sections 201 through 204 of Title II of the Senate bill 
authorized exports of Alaskan North Slope (ANS) crude oil; 
mandated the filing of additional information in an annual 
report under the Energy Policy and Conservation Act; and 
required a study by the General Accounting Office (GAO).

                       House amendment numbered 2

      The House amendment similarly authorized exports of ANS 
crude oil and provided for a GAO study.

                          conference agreement

      The Senate receded to the House language with an 
amendment.
      Under section 201, Committee of Conference recommends 
authorizing exports of ANS oil under terms substantially 
similar to, and drawn from, both the Senate bill and the House 
amendment.
      Paragraph (1) authorizes ANS exports, making inapplicable 
the general and specific restrictions on these exports in 
Section 7(d) of the Export Administration Act of 1979 (50 
U.S.C. App. Sec. 2406(b)), Section 28(u) of the Mineral Leasing 
Act of 1920 (30 U.S.C. Sec. 185), Section 103 of the Energy 
Policy and Conservation Act (42 U.S.C. Sec. 6212), and the 
Short Supply regulations issued thereunder. However, the export 
of the oil can be stopped if the President determines (within 
five months of the date of enactment) that they would not be in 
the national interest. (Other statutory restrictions on the 
export of U.S. crude oil either inapplicable or superseded with 
respect to ANS exports are 10 U.S.C. Sec. 7430 and 29 U.S.C. 
Sec. 1354, restricting exports of crude oil from the Naval 
Petroleum Reserve and the outer continental shelf.)
      Before making the national interest determination, the 
President must consider an appropriate environmental review (to 
be completed within four months of enactment). Consistent with 
the 1973 Trans-Alaska Pipeline Authorization Act, the President 
also must consider whether exports would diminish the total 
quantity or quality of petroleum available to the United 
States. The President must also consider whether exports are 
likely to cause sustained material oil supply shortages or 
sustained oil prices significantly above world market levels 
that would cause sustained material adverse employment effects 
in the United States or that would cause substantial harm to 
consumers, in particular in noncontiguous States and Pacific 
territories.
      In a comprehensive report submitted to Congress, the 
Department of Energy found ``no plausible evidence of any 
direct negative environmental impact from lifting the ANS crude 
export ban.'' Based on this finding and the weight of the 
testimony, section 201 of the Conference Agreement directs, as 
the ``appropriate environmental review,'' an abbreviated four-
month study. The environmental review is intended to be 
thorough and comprehensive, but in light of the prior 
Department of Energy findings and the compressed time frame, 
neither a full Environmental Impact Statement nor even a more 
limited Environmental Assessment is contemplated. If any 
potential adverse effects on the environment are found, the 
study is to recommend ``appropriate measures'' to mitigate or 
cure them.
      In making the national interest determination, the 
President is authorized to impose appropriate terms and 
conditions, other than a volume limitation, on ANS exports. 
However, nothing in this section or Title IV of the Conference 
Agreement authorizes the imposition of new requirements for oil 
spill prevention and response in locations which would not be 
affected by ANS exports, such as the Strait of Juan de Fuca or 
within the boundaries of the Olympic Coast National Marine 
Sanctuary.
      The Conference Agreement takes cognizance of the changed 
condition of national oil demand and available oil resources. 
Title II is intended to permit ANS crude oil to compete with 
other crude oil in the world market under normal market 
conditions. To facilitate this competition and in recognition 
that section 201 specifically precludes imposition of a volume 
limitation, the President should direct that exports proceed 
under a general license. In further recognition that some 
information (such as volume and price) will be needed to 
monitor exports, the President may wish to impose after-the-
fact reporting requirements as may be deemed appropriate by the 
Secretary of Commerce.
      Given the anticipated substantial benefits to the Nation 
of ANS exports, the Conferees urge the President to make the 
national interest determination as promptly as possible. If the 
President fails to make the required national interest 
determination within the statutorily imposed deadline, ANS oil 
exports are authorized without intervening action by the 
President or the Secretary of Commerce.
      Section 201 requires, with limited exceptions, that ANS 
exports be carried in U.S.-flag vessels. The only exceptions 
are exports to Israel under the terms of a specific bilateral 
treaty that entered into force in 1979 and exports to a country 
pursuant to the International Emergency Oil Sharing Plan of the 
International Energy Agency. The Committee of Conference 
concurs with the Administration's assessment that the U.S.-flag 
cargo reservation requirement is consistent with U.S. 
international obligations and is supported by ample precedent, 
including in particular a comparable provision in the U.S.-
Canada Free Trade Agreement, as implemented under U.S. law.
      Section 201 preserves any authority the President may 
have under the Constitution and the enumerated statutes to 
prohibit ANS exports in an emergency.
      Section 201 also directs the Secretary of Commerce to 
issue any rules necessary to govern ANS exports within 30 days 
of the President's national interest determination. In light of 
the clear benefits to the Nation of ANS exports, the Conferees 
urge the Secretary of Commerce to promulgate any rules 
necessary to implement that determination, including any 
licensing requirements and conditions, contemporaneously with 
the determination.
      Section 201 further provides that, if the Secretary of 
Commerce (after consulting with the Secretary of Energy) later 
finds that exports have caused sustained material oil shortages 
or sustained prices significantly above the world level and 
that the shortages or high prices have caused or are likely to 
cause sustained material job losses, the Secretary must 
recommend appropriate action, including modification or 
revocation of the authority to export ANS oil. The President 
has the discretion to adopt, reject, or modify any 
recommendation made by the Secretary. In recognition that 
prices fluctuate and supply patterns change under normal market 
conditions, the authority of the Secretary is limited to 
addressing activity that causes the specified sustained 
unanticipated price and supply effects.
      Finally, section 201 provides that administrative action 
is not subject to notice and comment rulemaking requirements or 
other requirements of the Administrative Procedures Act.
      Under section 202, the Committee of Conference recommends 
that a GAO report be submitted four years after the date of 
enactment. The report must contain a statement of principal 
findings and recommendations to address job loss in the 
shipbuilding and ship repair industry on the West Coast and 
Hawaii, if any, as well as adverse impacts on consumers and 
refiners on the West Coast and in Hawaii, if any, that the 
Comptroller General attributes to ANS exports. The Committee 
believes that the market should be given a reasonable period of 
time to operate before submission of the report. The Conferees 
want to be sure the Comptroller General has a solid basis on 
which to make his analysis and offer any recommendations for 
Congress and the President.

                              senate bill

      Section 205 of Title II provided for the retirement of 
certain costs incurred for the construction of a non-Federal 
publicly-owned shipyard.

                            house amendment

      House amendment numbered 3 struck section 205 of the 
Senate bill.

                          conference agreement

      The Senate receded from its disagreement with an 
amendment (now designated as section 203).
      Under section 203(a) of the conference amendment, the 
Secretary of Transportation is authorized to make grants to the 
Multnomah County Tax Supervising and Conservation Commission of 
Multnomah County, Oregon. The grants may be used only for the 
relief of port district ad valorem taxes that would otherwise 
be levied under Oregon law. In addition, at the conclusion of 
the grant payments under this section, any remaining funds 
(plus interest) would be transferred to the Port of Portland 
for making transportation improvements to enhance freight 
mobility.
      Under subsection (b), before issuing any grant, the 
Secretary must find on the basis of substantial evidence that 
Alaskan North Slope oil exports are a contributing factor to 
the need to levy certain port district taxes. In addition, the 
Secretary must determine the amount of the tax levy attributed 
to the oil exports. The amount of the grants is limited to the 
amount of the tax levy attributed to the oil exports.
      Before receiving any grant under this section, subsection 
(c) requires the Commission (by agreement with the Secretary) 
to establish a separate account for the funds, to use the funds 
as directed, and to terminate the account and transfer any 
remaining funds to the Port of Portland at the conclusion of 
the grants.
      Under Subsection (d), the Secretary must report to the 
relevant Congressional Committees on any findings and 
determinations made under subsection (b) within 60 days of 
issuing a grant under this section.
      Subsection (e) provides an authorization for 
appropriations of up to $15 million for fiscal year 1997, to 
remain available until October 1, 2003.

                              senate bill

      Section 206 of the Senate bill included a provision that 
would amend Title VI of the Oil Pollution Act of 1990 (OPA '90) 
by adding a new section 6005 that would impose a requirement 
for an additional towing vessel to be listed in, and available 
to respond under, vessel response plans developed in accordance 
with section 311(j) of the Federal Water Pollution Control Act 
(FWPCA), as amended by OPA '90, for tank vessels operating 
within the boundaries of the Olympic Coast National Marine 
Sanctuary or the Strait of Juan de Fuca near the coastline of 
the State of Washington. In particular, the provision would 
require an emergency response tugboat capable of towing tank 
vessels, initial firefighting, and initial oil spill response 
to be repositioned in the area of Neah Bay, the western-most 
harbor in the Strait.

                            house amendment

      The House amendment numbered 4 struck section 206 of the 
Senate bill.

                          conference agreement

      The Senate receded from its disagreement with an 
amendment (now designated as Title IV of this Act). See 
explanation below.

      Title III--Outer Continental Shelf Deep Water Royalty Relief

                              senate bill

      Title III of the Senate bill would provide royalty relief 
for leases on Outer Continental Shelf tracts in deep water in 
certain areas of the Gulf of Mexico.

                            house amendment

      The House amendment numbered 5 struck title III of the 
Senate bill.

                          conference agreement

      The Senate recedes from its disagreement with the House 
with an amendment.
      The amendment agreed to by the committee of conference is 
the text of Title III of S. 395 as passed by the Senate with 
several technical corrections and a new provision clarifying 
that nothing in this title shall be construed to affect any 
offshore pre-leasing, leasing, or development moratorium, 
including any moratorium applicable to the Eastern Planning 
Area of the Gulf of Mexico located off the Gulf Coast of 
Florida.

                        Title IV--Miscellaneous

      OPA '90 contemplates a comprehensive approach to oil 
spill prevention and response, with the Coast Guard given an 
instrumental role in implementing all aspects of that Act. In 
addition to establishing a new liability and compensation 
scheme for oil spills, OPA '90 amended existing law to broaden 
the Coast Guard's authority under the Ports and Waterways 
Safety Act (PWSA) regarding navigation and vessel safety and 
protection of the marine environment and the FWPCA regarding 
oil spill prevention and response. Under OPA '90 (as delegated 
by the President), the Coast Guard is the principal Federal 
agency charged with conducting Federal removal and prevention 
activities in coastal areas. Accordingly, the Committee of 
Conference believes that the Coast Guard is the most 
appropriate agency to evaluate emergency response services in 
the Olympic Coast National Marine Sanctuary and the Strait of 
Juan de Fuca.
      Subsection (a) of title IV requires the Commandant of the 
Coast Guard to submit to Congress within fifteen months of 
enactment a plan on the most cost effective means of 
implementing an international private-sector tug-of-opportunity 
system to utilize existing towing vessels to provide emergency 
response services to any vessel (including a tank vessel) in 
distress transiting the waters within the boundaries of the 
Olympic Coast National marine Sanctuary or the Strait of Juan 
de Fuca.
      Subsection (b) provides that the Commandant, in 
consultation with the Secretaries of the State and 
Transportation, is to coordinate with the Canadian Government 
and with both Canadian and American maritime industries.
      Subsection (c) provides that if necessary, the Commandant 
is to allow United States non-profit maritime organizations 
access to Coast Guard radar imagery and transponder information 
to identify and deploy towing vessels for the purpose of 
facilitating emergency response.
      Subsection (d) provides for the definition of ``towing 
vessel'' as that term is defined under title 46, United States 
Code. Section 2101(40) of title 46, United States Code, defines 
towing vessels to mean ``a commercial vessel engaged in or 
intending to engage in the service of pulling, pushing, or 
hauling alongside, or any combination of pulling, pushing, or 
hauling alongside.'' The reference to this section ensures 
that, at a minimum, all commercial towing vessels are included 
in the definition and, therefore, are covered by the provisions 
of this section.
      Section 206 of the Senate bill was developed to respond 
to a perceived threat to the marine environment of Puget Sound 
and the Straits of Juan de Fuca from tank vessel traffic. The 
Committee of Conference believes that, absent convincing 
information to the contrary, the marine environment of Puget 
Sound is adequately protected under the existing vessel 
response plan requirement found in FWPCA, as amended by OPA 
'90. The Senate provision is therefore unnecessary because the 
Coast Guard's existing authority under OPA '90 to prevent and 
respond to oil spills, as well as under PWSA and FWPCA 
(particularly as those two statutes have been amended by the 
OPA '90), to evaluate and to impose vessel operating 
requirements to minimize the risks of navigation and vessel 
safety and risks to the marine environment is fully sufficient 
to address the needs of the waterways of the United States, 
including Puget Sound and the Strait of Juan de Fuca.
      Accordingly, the Committee of Conference does not believe 
that the mandate implicit in the Senate provision is required 
nor is it related to any authorization to export Alaskan North 
Slope crude oil. The Committee believes that the more 
appropriate step is to require the Coast Guard to examine the 
most cost-effective method to use existing towing vessel 
resources in a tug-of-opportunity system within the authority 
of existing law to respond to any vessel (including a tank 
vessel in distress). Consequently, nothing in this section or 
in section 201 is intended to authorize the President or the 
Coast Guard to impose additional oil spill preventing and 
response requirements in the Strait of Juan de Fuca or within 
the boundaries of the Olympic Coast National Marine Sanctuary 
in excess of those in the relevant Area Contingency Plan for 
those areas as a result of requiring the Commandant to submit 
this plan to Congress nor to impose requirements under any 
national interest determination or implementing regulations 
regarding the export of Alaskan oil.
                For consideration of House amendment No. 1:
                                   Don Young,
                                   Ken Calvert,
                                   Tom Bliley,
                For consideration of House amendment No. 2:
                                   Don Young,
                                   Ken Calvert,
                                   William Thomas,
                                   Tom Bliley,
                                   Howard Coble,
                                   Lee H. Hamilton,
                                   Jim Oberstar,
                For consideration of House amendment No. 3:
                                   Floyd Spence,
                                   John R. Kasich,
                For consideration of House amendment No. 4:
                                   Howard Coble,
                                   Tillie K. Fowler,
                                   Jim Oberstar,
                For consideration of House amendment No. 5:
                                   Don Young,
                                   Ken Calvert,
                                 Managers on the Part of the House.
                                   Frank H. Murkowski,
                                   Pete V. Domenici,
                                   J. Bennett Johnston,
                                   Wendell Ford,
                                Managers on the Part of the Senate.