SENATE DEBATE-SEPTEMBER 30, 1978 EXPORT-IMPORT BANK ACT AMENDMENTS OF 1978 (S. 3077) The Senate continued with the consideration of the bill.

UP AMENDMENTS NO. 1979

Mr. STEVENSON. Mr. President, I send an amendment to the desk and ask for its immediate consideration.

The PRESIDING OFFICER. The amendment will be stated.

The second assistant legislative clerk read as follows:

The Senator from Illinois (Mr. Stevenson) proposes an unprinted amendment numbered 1979.

Mr. STEVENSON. Mr. President, I ask unanimous consent that further reading of the amendment be dispensed with.

The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:

TITLE

SEC. 1. This title may be cited as the "Navigation Development Act".

SEC. 2. (a) The Secretary of the Army, acting through the Chief of Engineers, is authorized to replace locks and dam 26, Mississippi River, Alton, Illinois and Missouri, by constructing a new dam and a single, one-hundred-and-ten-foot by one-thousand-two-hundred-foot lock at a location approximately two miles downstream from the existing dam, substantially in accordance with the recommendations of the Chief of Engineers in his report on such projects dated July 31, 1976, at an estimated cost of $421,000,000.

(b) The Secretary of the Army, acting through the Chief of Engineers, is authorized and directed to replace, at Federal expense as a part of project costs authorized in subsection (a) terrestrial wildlife habitat inundated as a result of the construction of the project on an acre-for-acre basis in the respective States of Missouri and Illinois and to manage such lands as are thus acquired by the Secretary for wildlife protection purposes. The Secretary is further authorized to provide project-related recreation development on or in the vicinity of Ellis Island, Missouri, that requires no separable project lands and includes facilities such as roads, parking lots, walks, picnic areas, a boat launching ramp, and a beach, at an estimated cost of $4,000,000 to be cost shared with the State of Missouri and administered in accordance with the provisions of the Federal Water Project Recreation Act (Public Law 89-72) and undertaken independently of the navigation features of the project.

(c) Within thirty days after the beginning of construction of the lock and dam authorized in subsection (a), the Secretary of the Army shall give notice in writing to the Secretary of the Treasury that such construction has begun, a copy of which notice shall be published in the Federal Register by the Secretary of the Treasury following receipt thereof.

(d) The project depth of the channel above Cairo, Illinois, on the Mississippi River shall not exceed nine feet, and neither the Secretary of the Army nor any other Federal official shall study the feasibility of deepening the navigation channels in the Minnesota River, Minnesota; Black River, Wisconsin; Saint Croix River. Minnesota and Wisconsin; the Mississippi River north of Cairo, Illinois; the Kaskaskia River, Illinois; and the Illinois River and Waterway, Illinois, unless specifically authorized by a future Act of Congress.

(e) There are authorized to be appropriated to the Secretary of the Army such sums as are necessary to carry out the provisions of subsections (a) and (b) of

this section for fiscal year 1978 and succeeding fiscal years. Any funds which have been allocated to a replacement project for locks and dam 26, prior to enactment of this Act, shall be available for the project authorized in this section and shall remain available until expended.

SEC. 3. (a) There is hereby created an Upper Mississippi River System Council (hereinafter referred to as "Council") consisting of the Secretary of Transportation, the Secretary of Commerce, the Secretary of Agriculture, the Secretary of the Army, the Secretary of the Interior, the Administrator of the Environmental Protection Agency, the Chairman of the President's Council on Environmental Quality, and the Governors of the States of Wisconsin, Minnesota, Iowa, Missouri, and Illinois. The Secretary of the Interior shall serve as Chairman of the Council.

(b) The Congress hereby authorizes and directs the Council to prepare a comprehensive master plan for the management of the Upper Mississippi River System in cooperation with the appropriate Federal, State, and local officials. A preliminary plan shall be prepared by July 1, 1981, and take into account any appropriate recommendations in the report authorized by section 4 of this Act. The plan shall be subject to public hearings in each affected State. The Council shall review all comments presented at such hearings and submitted in writing to the Council and shall make any appropriate revisions in the preliminary plan, and shall, by July 1, 1982, submit to the Congress for approval, in a final master plan. Public participation in the development, revision, and enforcement of said plan shall be provided for, encouraged, and assisted by the Council. The Council shall, within one hundred and fifty days of enactment of this Act, publish final regulations in the Federal Register specifying minimum guidelines for public participation in such processes. Approval of the final master plan and any subsequent changes thereto shall be granted only by enactment of the Congress. (c) The master plan authorized under subsection (b) of this section shall identify the various economic, recreational, and environmental objectives of the Upper Mississippi River System, recommend guidelines to achieve objectives, and propose methods to assure compliance with such guidelines and coordination of future management decisions affecting the Upper Mississippi River System, and include any legislative proposals which may be necessary to carry out such recommendations and objectives.

(d) For the purposes of developing the comprehensive master plan, the Council is authorized and directed to conduct such studies as it deems necessary to carry out its responsibilities under this section, with provision that it utilize, to the fullest extent possible, the resources and results of the Upper Mississippi River resources management (GREAT) study conducted pursuant to section 117 of the Water Resources Development Act of 1976 (Public Law 94-587) and of other ongoing or past studies. The Council shall request appropriate Federal, State, or local agencies to prepare such studies, and any Federal agency so re quested is authorized to conduct any such study for the purpose of this section. Studies conducted pursuant to this section shall include, but not be limited to the following:

(1) The Secretary of the Army shall provide for the Secretary of the Interior to undertake a study to determine the long- and short-term systemic ecological impacts of: (A) present and any projected expansion of navigation capacity on the fish and wildlife, water quality, wilderness, and public recreational opportunities of said rivers, (B) present operation and maintenance programs, (C) the means and measures that should be adopted to prevent or minimize loss of or damage to fish and wildlife, and (D) a specific analysis of the immediate and systemic environmental effects of any second lock at Alton, Illinois, and provide for the mitigation and enhancement of such resources and shall submit his report containing his conclusions and recommendations to the Congress and the Secretary of the Army. (2) The Council, acting through the Secretary of Transportation, is directed to immediately initiate a specific evaluation of the need for a second lock at Alton, Illinois, and the direct and indirect systemic effects and needs for such a second lock at Alton, Illinois.

(3) Studies and demonstration programs, including a demonstration program to evaluate the benefits and costs of disposing of dredge spoil material in contained areas located out of the floodplain. Said program shall include, but not be limited to, the evaluation of possible uses in the marketplace for the dredge spoil studies and demonstration programs to minimize the environmental effects of channel operation and maintenance activities.

(4) Development for the Upper Mississippi River System of a computerized analytical inventory and system analysis evaluation of the comparative environmental effects of alternative management proposals.

(e) Guidelines developed pursuant to this section shall include, but not be limited to, guidelines for channel maintenance, minimization of dredging volumes, alternate uses of dredged material, protection of water quality, fish and wildlife protection and enhancement, wilderness preservation, and management of the wildlife and fish refuges within and contiguous to the Upper Mississippi River System.

(f) To carry out the provisions of this section, there are authorized to be appropriated to the Council $20,000,000. The Council is authorized to transfer funds to such Federal, State, or local government agencies as it deems necessary to carry out the studies and analysis authorized in this section.

(g) The Upper Mississippi River System consists of those river reaches containing commercial navigation channels on the Mississippi River main stem north of Cairo, Illinois; the Minnesota River, Minnesota; Black River, Wisconsin; and Saint Croix River, Minnesota and Wisconsin.

(h) Except for the provisions of section 2 of this Act, and necessary operation, maintenance, and activities related to safety, no replacement, construction, or rehabilitation that expands the navigation capacity of locks, dams, and channels shall be undertaken by the Secretary of the Army to increase the navigation capacity of the Upper Mississippi River System, until the master plan prepared pursuant to this section has been approved by the Congress, or unless otherwise authorized by law.

(1) The lock and dam authorized pursuant to section 2 of this Act shall be designed and constructed to provide for possible future expansion. All new navigation projects authorized in the future or locks and dam navigation replace. ment projects now authorized but not under construction, initiated by the Secretary of the Army on the Upper Mississippi River north of Cairo, Illinois, and on the Illinois River north of Grafton, Illinois, shall be initiated only in accordance with the guidelines set forth in the master plan.

SEC. 4. (a) The Secretary of Transportation and Secretary of Commerce shall undertake a study, in consultation with the Secretary of the Treasury, the Secretary of Agriculture, the Secretary of Energy, the Attorney General of the United States, the Secretary of the Army, the Chairman of the Water Resources Council, and the Director of the Office of Management and Budget, and make findings and policy recommendations regarding any fuel tax imposed on inland waterways users, or alternatives or supplemental charges and on related matters. Such study shall include but shall not be limited to a consideration of the following matters: (1) The economic impacts on (i) carriers and shippers using the inland waterways, (ii) users, including ultimate consumers, of commodities which are transported on the inland waterways, (iii) the balance of payments of the United States based on our international trade, (iv) the existing investment in industrial plants, agricultural interests and commercial enterprises and related employment in regions of the country served by water transportation directly or in combination with other modes, and (v) future economic growth prospects in such regions including anticipated shifts of industry and employment to other areas together with an evaluation of effects on regional economics and their development, including consistency with Federal policies as set forth in other legislation. (2) The effects of such taxes or charges on the freight rates charged by other modes and the extent of diversion of traffic from the waterways to such other modes as both short- and long-term prospects, giving consideration to the development of alternative sources of supply and alternative modes of transportation or routing to market, and specifying the extent of such traffic diversion to modes which are shown by reliable data to be less safe than water carriers in the handling and transportation of hazardous materials or which are shown by such data to be less efficient than water carriers in the use of energy.

(3) The effects of such charges on the level of prices of commodities shipped to waterway and competing modes, including electric power rates and the costs of energy materials to ultimate consumers.

(4) The effects of such taxes or charges upon small business enterprise and upon industrial concentration and competition, both within the transportation industry and in any line of commerce as defined in the antitrust laws.

(5) The requirements of the Nation to the year 2000 for transportation service and the extent thereof which, considering the inherent advantages of waterway

transportation, should be provided by inland waterway carriers, together with an estimate of the expansion and improvement of inland waterway capacity necessary to meet such requirement.

(6) The effects of waterways fuel taxes and other forms of user charges upon the achievement of the objectives of the National Transportation Policy as set forth in the preamble to the Transporation Act of 1940.

(7) The effects of waterway fuel taxes or other forms of waterway user charges in various forms and in various amounts upon the economic feasibility of waterway improvement projects.

(8) The effects of waterway taxes or other charges of various types and at various levels on the achievement of the expansion and improvement of the inland waterways estimated to be necessary under subparagraph (5) of this subsection or determined to be necessary by the Secretary of the Army under section 158 of the Water Resources Development Act of 1976 (Public Law 94-587). (9) The extent to which the Federal Government should seek to supplement Federal appropriations from general revenues for the benefit of waterborne transportation by imposition of charge upon users of the facilities for which appropriations are made.

(10) The extent of Federal assistance to the several modes of freight transportation, including all forms of such assistance such as tax advantages, direct grants, rate adjustments for improvement purposes, assumption of pension fund liabilities, loans, guarantees, capital participation, revenues from land grants as well as provision of right-of-way operation, maintenance and improvement, together with an evaluation and comparison of the public benefits resulting from such assistance to each of the several transportation modes, in terms of adequacy, efficiency and economy of service, safety technological progress, and energy conservation.

(11) The comparative levels of benefits received from Federal expenditures on waterways by (i) commercial users and (ii) other users, including but not limited to users for recreation, reclamation, water supply, low flow augmentation, fish and wildlife enhancement, hydroelectric power, flood control, and irrigation purposes.

(12) The various forms of user charges that could be established and the comparative impacts of each on the interests specified in this section.

(13) The administrative costs of waterway fuel taxes and of alternative user charges.

(14) The need for assistance to persons and communities, agricultural and/or industrial interests adversely impacted by user charges.

(15) The classes and categories of waterway users upon whom fuel taxes or other user charges should be imposed.

(16) The waterways of the United States including specifically the Great 'Lakes, deep draft channels, and coastal ports which should be included in any system of fuel taxes or other forms of user charges, together with the economic impact and effect on such waterways and users of such mechanism.

(17) The disposition and application of revenues derived from taxes and other charges imposed on waterway users including consideration of trust fund mechanism.

(b) Not later than three years after the date of enactment of this Act, the Secretary of Transportation shall transmit to Congress a final report of the study authorized by this section, together with his findings and recommendations, including necessary legislation and those of the Secretary of Commerce, the Secretary of the Treasury, the Secretary of Agriculture, the Secretary of Energy, the Attorney General of the United States, the Secretary of the Army, the Chairman of the Water Resources Council, and the Director of the Office of Management and Budget.

Mr. STEVENSON. Mr. President, authorizing legislation for lock and dam 26 has been before the Congress three times in the past 3 years. In 1976, the Senate Environment and Public Works Committee reported a bill authorizing lock and dam 26 to the Senate and recommended that the Senate pass the bill. In an effort to get a bill that the President would sign, the lock and dam 26 authorization and two other projects that the administration opposed were dropped from the bill. In 1977,

the Senate passed a bill authorizing new lock and dam 26; however, for reasons unrelated to the merits of the lock and dam 26 replacement project, the House of Representatives did not act on the bill. Again in 1978, the Senate passed a bill authorizing the construction of a new lock and dam 26. Again, however, for reasons unrelated to the merits of the lock and dam 26 project there is a good chance that legislation will not be enacted this year. Therefore, I am offering an amendment. to authorize the construction of a new lock and dam 26 project that both Houses of Congress have supported time and time again, The amendment is virtually identical to the language that the Senate approved earlier this year.

The amendment will:

First. Authorize a new lock and dam 26 with a single 1,200-foot lock, configured so that it can accommodate a second lock if authorized by Congress.

Second. Authorize studies for the planned development and environmental protection of the upper Mississippi River. The amendment also prohibits a 12-foot channel on the upper Mississippi River and its tributaries and construction of any new navigation projects pending the study.

Third. Authorize a 3-year study by the Department of Transportation of a comprehensive system of user charges for the inland waterway system.

Mr. President, the need for the project is inescapable. The present dam is in bad shape. Traffic grows, and the locking capacity is already inadequate to meet demand.

The welfare of the world's most highly developed industrial and agricultural region requires adequate locking facilities below the confluence of its two principal navigation arteries. Grains must get to our ports for export. Fuel and petrochemicals must get to our cities.

Early action is imperative, and as the Senate and House have recognized the only action that makes sense is to authorize a new dam. We are at the 11th hour already. The minimum time for construction of a new dam with a single 1,200-foot lock is about 8 years. Construction; delays could extend the period for another year or more. Thus, authorization for the new lock and dam must be enacted in the current session of the Congress to insure that the new lock is ready by the time it is needed.

Mr. President, time is running out for the 95th Congress. We can afford no more delay in getting work on this essential project underway. I urge the Senate to adopt the amendment.

Mr. President, it did not occur to me to offer this amendment until this morning after many Members had offered amendments yesterday which were agreed to by the Senate, which had little if anything to do with the Eximbank.

This amendment would have as much to do with the capacity of the United States for exports in the world as anything in this bill.

It would authorize the replacement of the lock and dam 26 at Alton, Ill., which is the most critical navigation facility in the United States. It is critical to our trade, both our exports and imports, with other countries.