89–008

107TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 107–178

PROVIDING FOR CONSIDERATION OF H.R. 4, SECURING

AMERICA’S FUTURE ENERGY ACT OF 2001

AUGUST 1, (legislative day, JULY 31), 2001.—Referred to the House Calendar and

ordered to be printed

Mr. HASTINGS of Washington, from the Committee on Rules,

submitted the following

REPORT

[To accompany H. Res. 216]

The Committee on Rules, having had under consideration House

Resolution 216, by a record vote of 9 to 1, report the same to the

House with the recommendation that the resolution be adopted.

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration of H.R. 4, the Securing

America’s Future Energy Act of 2001, under a structured rule. The

rule provides ninety minutes of general debate with 30 minutes

equally divided and controlled by the chairman and ranking minority member of the Committee on Energy and Commerce and 20

minutes equally divided and controlled by the chairman and ranking minority members of each of the following Committees: Science,

Ways and Means, and Resources. The rule waives all points of

order against consideration of the bill.

The rule provides that the amendment printed in part A of this

report shall be considered as adopted. The rule further makes in

order only those amendments printed in part B of this report, and

provides that those amendments may be offered only in the order

printed in this report, may be offered only by a Member designated

in this report, shall be considered as read, shall be debatable for

the time specified in this report equally divided and controlled by

the proponent and an opponent, shall not be subject to amendment,

and shall not be subject to a demand for a division of the question

in the House or in the Committee of the Whole. The rule waives

all points of order against the amendments printed in this report.

The rule also provides one motion to recommit with or without instructions.

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Finally, Section 2 of the rule provides that upon receipt of a message from the Senate transmitting H.R. 4 with Senate amendments

thereto, it shall be in order to consider in the House a motion offered by the Chairman of the Committee on Energy and Commerce

or his designee that the House disagree to the Senate amendments

and request or agree to a conference with the Senate thereon.

COMMITTEE VOTES

Pursuant to clause 3(b) of House rule XIII the results of each

record vote on an amendment or motion to report, together with

the names of those voting for and against, are printed below:

Rules Committee record vote No. 32

Date: July 31, 2001.

Measure: H.R. 4, the Securing America’s Future Energy Act of

2001.

Motion by: Mr. Frost.

Summary of motion: To make in order the amendment by Representatives Markey, Sandlin, and Stenholm which strengthens the

federal central air conditioner and heat pump efficiency provisions;

deletes a GAO study on LIHEAP; strengthens the Clinton Administration’s central air conditioning efficiency standards; assures that

the HOV lane exception applies only to vehicles with improve efficiency and lower emissions; directs DOE to issue new appliance efficiency standards for standby power consumption and several currently uncovered appliances; restores central air conditioning efficiency standards issue in January, 2001; authorizes funding for

certain uranium enrichment program, including advanced gas centrifuge technology; keeps the Nuclear Waste Fund on-budget; eliminates the authority to conduct R&D on new ways to reprocess nuclear fuel; and scales back funds for a study on next generation nuclear reactors to levels proposed by the Bush Administration; increases domestic oil and gas production from independent producers with tax credits and incentives; provides tax credits and incentives for improved efficiency and increased reliance on renewables; and strikes Division F from the bill and replaces it with new

provisions relating to energy production on public lands.

Results: Defeated 1 to 9.

Vote by Members: Goss—Nay; Linder—Nay; Pryce—Nay; DiazBalart—Nay; Hastings (WA)—Nay; Myrick—Nay; Sessions—Nay;

Reynolds—Nay; Frost—Yea; Dreier—Nay.

Rules Committee record vote No. 33

Date: July 31, 2001.

Measure: H.R. 4, the Securing America’s Future Energy Act of

2001.

Motion by: Mr. Frost.

Summary of motion: To make in order the amendment by Representatives Inslee, Shays, and Udall (CO) to expand tax credits for

incremental hydropower, geothermal and biomass co-fired with

coal, and small wind, allow tradable renewable tax credits for public power entities, modify tax credits for new energy efficient homes

and hybrid vehicles, and modify non-conventional fuel production

credit.

Results: Defeated 1 to 9.

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Vote by Members: Goss—Nay; Linder—Nay; Pryce—Nay; DiazBalart—Nay; Hastings (WA)—Nay; Myrick—Nay; Sessions—Nay;

Reynolds—Nay; Frost—Yea; Dreier—Nay.

Rules Committee record vote No. 34

Date: July 31, 2001.

Measure: H.R. 4, the Securing America’s Future Energy Act of

2001.

Motion by: Mr. Frost.

Summary of motion: To make in order the amendment by Representatives Harman and Eshoo which directs that, within 30 days

of enactment, FERC order refunds of electricity charges in the

Western States for the period of Oct. 2, 2000, through June 20

2001, that exceed just and reasonable rates. Specifies methodologies to determine just and reasonable rates.

Results: Defeated 1 to 9.

Vote by Members: Goss—Nay; Linder—Nay; Pryce—Nay; DiazBalart—Nay; Hastings (WA)—Nay; Myrick—Nay; Sessions—Nay;

Reynolds—Nay; Frost—Yea; Dreier—Nay.

Rules Committee record vote No. 35

Date: July 31, 2001.

Measure: H.R. 4, the Securing America’s Future Energy Act of

2001.

Motion by: Mr. Frost.

Summary of motion: To make in order the amendment by Representative DeLauro which strikes the language in the bill calling

for GAO to report on whether the LIHEAP program discourages

energy conservation and energy efficiency. It would also eliminate

the section of the study determining the feasibility of each income

supplement not specifically targeted toward energy.

Results: Defeated 1 to 9.

Vote by Members: Goss—Nay; Linder—Nay; Pryce—Nay; DiazBalart—Nay; Hastings (WA)—Nay; Myrick—Nay; Sessions—Nay;

Reynolds—Nay; Frost—Yea; Dreier—Nay.

Rules Committee record vote No. 36

Date: July 31, 2001.

Measure: H.R. 4, the Securing America’s Future Energy Act of

2001.

Motion by: Mr. Frost.

Summary of motion: To make in order the amendment by Representative Deutsch expressing the sense of Congress encouraging

the President to personally work with OPEC to increase OPEC

crude oil production before the next scheduled OPEC meeting on

September 26, 2001.

Results: Defeated 1 to 9.

Vote by Members: Goss—Nay; Linder—Nay; Pryce—Nay; DiazBalart—Nay; Hastings (WA)—Nay; Myrick—Nay; Sessions—Nay;

Reynolds—Nay; Frost—Yea; Dreier—Nay.

Rules Committee record vote No. 37

Date: July 31, 2001.

Measure: H.R. 4, the Securing America’s Future Energy Act of

2001.

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Motion by: Mr. Frost.

Summary of motion: To make in order the amendment by Representative Kaptur to rename the Strategic Petroleum Reserve as

the Strategic Fuels Reserve; require the acquisition and maintenance as part of the Reserve a minimum of 300 million gallons of

ethanol and 100 million gallons of biodiesel; and allow the biofuels

to be exchanged for, or purchased with funds realized from the sale

of crude oil from the Reserve.

Results: Defeated 1 to 9.

Vote by Members: Goss—Nay; Linder—Nay; Pryce—Nay; DiazBalart—Nay; Hastings (WA)—Nay; Myrick—Nay; Sessions—Nay;

Reynolds—Nay; Frost—Yea; Dreier—Nay.

Rules Committee record vote No. 38

Date: July 31, 2001.

Measure: H.R. 4, the Securing America’s Future Energy Act of

2001.

Motion by: Mr. Frost.

Summary of motion: To make in order the amendment by Representatives Oberstar, Rahall, and Clement which strikes the section of the bill that terminates the 4.3-cent per gallon fuel tax currently paid by railroads and inland waterway barges.

Results: Defeated 1 to 9.

Vote by Members: Goss—Nay; Linder—Nay; Pryce—Nay; DiazBalart—Nay; Hastings (WA)—Nay; Myrick—Nay; Sessions—Nay;

Reynolds—Nay; Frost—Yea; Dreier—Nay.

Rules Committee record vote No. 39

Date: July 31, 2001.

Measure: H.R. 4, the Securing America’s Future Energy Act of

2001.

Motion by: Mr. Goss.

Summary of motion: To report the resolution.

Results: Agreed to 9 to 1.

Vote by Members: Goss—Yea; Linder—Yea; Pryce—Yea; DiazBalart—Yea; Hastings (WA)—Yea; Myrick—Yea; Sessions—Yea;

Reynolds—Yea; Frost—Nay; Dreier—Yea.

AMENDMENTS MADE IN ORDER UNDER THE RULE

PART A

Summary of Amendment to be Considered as Adopted

Gibbons—Strikes Sec. 301 to take the Nuclear Waste Fund offbudget.

TEXT OF AMENDMENT TO BE CONSIDERED AS ADOPTED

Page 76, line 15, through page 77, line 9, strike section 301, and

make the necessary change to the table of contents.

PART B

Summaries of Amendments Made in Order, debatable in the order

listed for the time specified

Tauzin Manager’s Amendment—

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Directs the Secretary of Energy to conduct a study on the feasibility of establishing a program that provides guarantees for loans

by private banking and investment institutions for facilities for the

processing and conversion of municipal solid waste and sewage

sludge into fuel ethanol and other commercial byproducts.

Makes various technical and clarifying changes to ensure that

the requirement that the Secretary review and consult with the

state when preparing a management or leasing analysis is not construed as a limitation on federal authority or affect judicial review

procedures; clarifies the role of the Regional Forester in the consultation process; and to make technical corrections in sections regarding recovery costs under NEPA.

Directs the Secretary of Energy to initiate a study regarding the

feasibility of developing commercial nuclear production facilities at

existing Department of Energy sites.

Expands scope of two GAO studies regarding LIHEAP objectives

to include examination of how education may improve energy conservation in non-LIHEAP households and low income households.

Adds Section 6106 to require the Secretary of Energy and the

Chairman of the Federal Energy Regulatory Commission to jointly

study the location and extent of anticipated demand growth for

natural gas consumption in the western states.

Directs EPA and the Department of Energy to include an analysis of the feasibility of modifying the federal excise taxes on gasoline to promote cleaner burning fuel in the joint study on boutique

fuels.

Clarifies that working pipelines which have already been declared eligible for purposes of the National Historic Preservation

Act are exempt and to allow pipeline owners to voluntarily have

their pipelines declared eligible. Incorporates language agreed to by

the Committee on Energy and Commerce and the Resources Committee.

Makes corrections and technical and conforming changes to Division E of the bill respecting criteria for financial assistance and establishment of clean coal centers of excellence.

Requires that no fund authorized under the Act be available to

any person or entity that has been convicted of violating the Buy

American Act.

Expresses the sense of Congress to take all actions necessary in

the areas of conservation, efficiency, alternative source, technology

development, and domestic production to reduce the U.S. dependence on foreign energy sources and to reduce U.S. dependence in

Iraquie sources.

Provides for a study examining the feasibility of establishing a

renewable fuel standard increasing the market share of renewable

fuels by 5% over 15 years (20 minutes)

Bono—Establishes in EPA a renewable energy ‘‘partnership’’ program to promote the use of renewable energy and recognize companies that purchase renewable energy, and educate consumers regarding the environmental benefits of renewable energy. Includes

alternative energy and to encompass the concept of energy security

in addition to environmental benefits. (10 minutes)

Boehlert/Markey—Provides for a combined corporate average fuel

efficiency (CAFE ́ ) standard for passenger automobiles and light

trucks of 27.5 miles per gallon beginning in 2007, with an interVerDate 30-JUL-2001 07:35 Aug 01, 2001 Jkt 089008 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\HR178.XXX pfrm04 PsN: HR178
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mediate step to 26 miles per gallon in 2005. Provides incentives for

alternative fuel vehicles. Directs the Secretary of Transportation to

use such authority under federal law as the Secretary may have to

ensure the safety of automobiles and light trucks. (40 minutes)

Wilson/Cubin—Establishes a framework for the disposition by

the U.S. Government of excess government uranium stockpiles, in

a manner that will not disrupt the commercial uranium market nor

adversely affect the U.S./Russia High Enriched Uranium Agreement. (10 minutes)

Green (TX)—Lifts the ability of the state of California to utilize

the Hinshaw exemption, which prevents the Federal Energy Regulatory Commission (FERC) from ensuring low-cost natural gas

transmission inside the state. (20 minutes)

Cox—Grants California a waiver of the 2% oxygen rule only if its

gasoline will achieve ‘equivalent or greater emissions reductions’’

than is required under federal law. (30 minutes)

Waxman—Directs FERC to impose cost-of-service based rates on

electricity generators selling in the Western market for 18 months,

until new power supplies come on line. Exempts new power plants

from this requirement. (30 minutes)

Jackson-Lee/Wynn/Rush/E.B. Johnson/Towns/Hillard—Earmarks

$5 million annually for bioenergy training and education targeted

to minority and socially disadvantaged farmers and ranchers. (10

minutes)

Capito—Ensures that there is no ‘‘back-loading’’ of clean coal

project funding to the last year(s) of the 10 year authorization period. (10 minutes)

Jackson-Lee/Lampson—Requires the Secretary to study and

evaluate the availability of natural gas and oil deposits located off

the coasts of Louisiana and Texas. (10 minutes)

Sununu/Wilson—Provides that the federal share of new Arctic

National Wildlife Refuge (ANWR) oil and gas production receipts

goes toward two funds—one for renewable energy research and development (‘‘Renewable Energy Technology Investment Fund’’) and

another for the elimination of the maintenance and improvement

backlog on federal funds (‘‘Royalties Conservation Fund’’). (20 minutes)

Sununu/Wilson—Implements a 2,000-acre limitation on the total

surface area that may be covered by oil and gas production operations in the Arctic National Wildlife Refuge’s Coastal Plain. (20

minutes)

Markey/Johnson (CT)—Maintains existing protection of the Arctic National Wildlife Refuge by striking language in the bill that

repeals the prohibition against energy development in ANWR. (40

minutes)

Hayworth—Amends existing law to give the Secretary of the Interior the discretion to purchase energy products and energy byproducts of Indian industry in the open market. (10 minutes)

Rogers (MI)/Reynolds—Expresses the Sense of the Congress encouraging the Great Lakes States to continue their prohibitions on

Great Lakes off-shore oil and gas drilling. (10 minutes)

Traficant—Authorizes $10 million for oil shale research. (10 minutes)

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TEXT OF AMENDMENTS MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE TAUZIN OF

LOUISIANA, OR A DESIGNEE, DEBATABLE FOR 20 MINUTES

Page 10, after the table of contents, insert the following and

make the necessary conforming changes in the table of contents:

SEC. 2. ENERGY POLICY.

It shall be the sense of the Congress that the United States

should take all actions necessary in the areas of conservation, efficiency, alternative source, technology development, and domestic

production to reduce the United States dependence on foreign energy sources from 56 percent to 45 percent by January 1, 2012, and

to reduce United States dependence on Iraqi energy sources from

700,000 barrels per day to 250,000 barrels per day by January 1,

2012.

Page 36, line 15, insert ‘‘or encourage’’ after ‘‘discourage’’.

Page 36, lines 16 and 17, strike ‘‘; and’’ and insert ‘‘when compared to structures of the same physical description and occupancy

in compatible geographic locations;’’.

Page 36, lines 18 through 23, strike paragraph (2) and insert the

following:

(2) the extent to which education could increase the conservation of low-income households who opt to receive supplemental income instead of Low-Income Home Energy Assistance

funds;

(3) the benefit in energy efficiency and energy savings that

can be achieved through the annual maintenance of heating

and cooling appliances in the homes of those receiving Low-Income Home Energy Assistance funds; and

(4) the loss of energy conservation that results from structural inadequacies in a structure that is unhealthy, not energy

efficient, and environmentally unsound and that receives LowIncome Home Energy Assistance funds for weatherization.

Page 81, after line 12, insert the following new section, and make

the necessary change to the table of contents:

SEC. 309. STUDY TO DETERMINE FEASIBILITY OF DEVELOPING COMMERCIAL NUCLEAR ENERGY PRODUCTION FACILITIES AT

EXISTING DEPARTMENT OF ENERGY SITES.

(a) IN GENERAL.—The Secretary of Energy shall conduct a study

to determine the feasibility of developing commercial nuclear energy production facilities at Department of Energy sites in existence on the date of enactment of this Act, including—

(1) options for how and where nuclear power plants can be

developed on existing Department of Energy sites;

(2) estimates on cost savings to the Federal Government that

may be realized by locating new nuclear power plants on Federal sites;

(3) the feasibility of incorporating new technology into nuclear power plants located on Federal sites;

(4) potential improvements in the licensing and safety oversight procedures of nuclear power plants located on Federal

sites;

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(5) an assessment of the effects of nuclear waste management policies and projects as a result of locating nuclear power

plants located on Federal sites; and

(6) any other factors that the Secretary believes would be relevant in making the determination.

(b) REPORT.—Not later than 90 days after the date of enactment

of this Act, the Secretary shall submit to Congress a report describing the results of the study under subsection (a).

In section 603 of title V of division A, on page 88, line 11, strike

‘‘; and’’ and insert a semicolon.

Page 88, line 17, strike the period and insert ‘‘; and’’.

Page 88, after line 17, insert the following new paragraph:

(8) the feasibility of providing incentives to promote cleaner

burning fuel.

Page 92, after line 14, insert the following new sections, and

make the necessary changes to the table of contents:

SEC. 603. STUDY OF ETHANOL FROM SOLID WASTE LOAN GUARANTEE

PROGRAM.

The Secretary of Energy shall conduct a study of the feasibility

of providing guarantees for loans by private banking and investment institutions for facilities for the processing and conversion of

municipal solid waste and sewage sludge into fuel ethanol and

other commercial byproducts, and not later than 90 days after the

date of the enactment of this Act shall transmit to the Congress a

report on the results of the study.

SEC. 604. STUDY OF RENEWABLE FUEL CONTENT.

(a) STUDY.—The Administrator of the Environmental Protection

Agency and the Secretary of Energy shall jointly conduct a study

of the feasibility of developing a requirement that motor vehicle

fuel sold or introduced into commerce in the United States in calendar year 2002 or any calendar year thereafter by a refiner,

blender, or importer shall, on a 6-month average basis, be comprised of a quantity of renewable fuel, measured in gasoline-equivalent gallons. As part of this study, the Administrator and Secretary shall evaluate the use of a banking and trading credit system and the feasibility and desirability of requiring an increasing

percentage of renewable fuel to be phased in over a 15-year period.

(b) REPORT TO CONGRESS.—Not later than 6 months after the

date of the enactment of this Act, the Administrator and the Secretary shall transmit to the Congress a report on the results of the

study conducted under this section.

Page 93, strike lines 3 through 12 and insert:

SEC. 802. HISTORIC PIPELINES.

Section 7 of the Natural Gas Act (15 U.S.C. 717(f)) is amended

by adding at the end the following new subsection:

‘‘(i) Notwithstanding the National Historic Preservation Act, a

transportation facility shall not be eligible for inclusion on the National Register of Historic Places unless—

‘‘(1) the Commission has permitted the abandonment of the

transportation facility pursuant to subsection (b) of this section, or

‘‘(2) the owner of the facility has given written consent to

such eligibility.

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Any transportation facility deemed eligible for inclusion on the National Register of Historic Places prior to the date of enactment of

this subsection shall no longer be eligible unless the owner of the

facility gives written consent to such eligibility.’’.

Page 190, line 23, strike ‘‘subsection’’ and insert ‘‘section’’.

Page 220, lines 1 through 4, amend paragraph (1) to read as follows:

(1) $19,400,000 for fiscal year 2002, $14,800,000 for fiscal

year 2003, and $8,900,000 for fiscal year 2004 for completion

of construction of Project 98–G–304, Neutrinos at the Main Injector, Fermi National Accelerator Laboratory;

In section 6102(b)(1), strike ‘‘42 U.S.C.’’ and insert ‘‘43 U.S.C. ’’.

Page 437, after line 6, (in section 5006 of Division E after subsection (c)) insert:

(d) FINANCIAL ASSISTANCE.—The Secretary shall provide financial assistance to projects that meet the requirements of subsections (a), (b), and (c) and are likely to—

(1) achieve overall cost reductions in the utilization of coal

to generate useful forms of energy;

(2) improve the competitiveness of coal among various forms

of energy in order to maintain a diversity of fuel choices in the

United States to meet electricity generation requirements; and

(3) demonstrate methods and equipment that are applicable

to 25 percent of the electricity generating facilities that use

coal as the primary feedstock as of the date of enactment of

this Act.

Page 437, line 7, (in section 5006 of Division E) strike ‘‘(d)’’ and

insert ‘‘(e)’’.

Page 437, line 10, (in section 5006 of Division E) strike ‘‘(e)’’ and

insert ‘‘(f)

Page 438, after line 17, (after section 5007 of Division E) insert

the following new section and make the necessary change to the

table of contents:

SEC. 5008. CLEAN COAL CENTERS OF EXCELLENCE.

As part of the program authorized in section 5003, the Secretary

shall award competitive, merit-based grants to universities for the

establishment of Centers of Excellence for Energy Systems of the

Future. The Secretary shall provide grants to universities that can

show the greatest potential for advancing new clean coal technologies.

Page 3, in the table of contents for Division A, redesignate title

VII relating to miscellaneous provisions as title VIII.

Page 93, line 13, (at the end of division A) strike ‘‘VII’’ relating

to miscellaneous provisions and insert ‘‘VIII’’.

In Division A and in the table of contents for Division A, renumber sections 601 through 604 as 501 through 504 respectively, renumber sections 701 and 702 as 601 and 602 respectively, renumber sections 801 and 802 as 701 and 702 respectively, and renumber sections 901 through 903 as 801 through 803 respectively.

Page 433, line 13, strike ‘‘(c)’’ and insert ‘‘(b)’’.

Page 444, after line 22, insert the following new section:

SEC. 6106. EFFICIENT INFRASTRUCTURE DEVELOPMENT.

(a) IN GENERAL.—The Secretary of Energy and the Chairman of

the Federal Energy Regulatory Commission shall jointly undertake

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a study of the location and extent of anticipated demand growth for

natural gas consumption in the Western States, herein defined as

the area covered by the Western System Coordinating Council.

(b) CONTENTS.—The study under subsection (a) shall include the

following:

(1) A review of natural gas demand forecasts by Western

State officials, such as the California Energy Commission and

the California Public Utilities Commission, which indicate the

forecasted levels of demand for natural gas and the geographic

distribution of that forecasted demand.

(2) A review of the locations of proposed new natural gasfired electric generation facilities currently in the approval

process in the Western States, and their forecasted impact on

natural gas demand.

(3) A review of the locations of existing interstate natural

gas transmission pipelines, and interstate natural gas pipelines currently in the planning stage or approval process,

throughout the Western States.

(4) A review of the locations and capacity of intrastate natural gas pipelines in the Western States.

(5) Recommendations for the coordination of the development

of the natural gas infrastructure indicated in paragraphs (1)

through (4).

(c) REPORT.—The Secretary shall report the findings and recommendations resulting from the study required by this section to

the Committee on Energy and Commerce of the House of Representatives and to the Committee on Energy and Natural Resources of the Senate no later than 6 months after the date of the

enactment of this Act. The Chairman of the Federal Energy Regulatory Commission shall report on how the Commission will factor

these results into its review of applications of interstate pipelines

within the Western States to the Committee on Energy and Commerce of the House of Representatives and to the Committee on

Energy and Natural Resources of the Senate no later than 6

months after the date of the enactment of this Act.

In section 6223, amend subsection (b) to read as follows:

(b) PREPARATION OF LEASING PLAN OR ANALYSIS.—In preparing

a management plan or leasing analysis for oil or natural gas leasing on Federal lands administered by the Bureau of Land Management or the Forest Service, the Secretary concerned shall— (1) identify and review the restrictions on surface use and

operations imposed under the laws (including regulations) of

the State in which the lands are located;

(2) consult with the appropriate State agency regarding the

reasons for the State restrictions identified under paragraph

(1);

(3) identify any differences between the State restrictions

identified under paragraph (1) and any restrictions on surface

use and operations that would apply under the lease; and

(4) prepare and provide upon request a written explanation

of such differences.

At the end of section 6223 add the following:

(e) PRESERVATION OF FEDERAL AUTHORITY.—Nothing in this section or in any identification, review, or explanation prepared under

this section shall be construed—

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(1) to limit the authority of the Federal Government to impose lease stipulations, restrictions, requirements, or other

terms that are different than those that apply under State law;

or

(2) to affect the procedures that apply to judicial review of

actions taken under this subsection.

In section 6225, in the quoted material— (1) in paragraph (2)(A), insert ‘‘and consultation with the Regional Forester having administrative jurisdiction over the National Forest System Lands concerned’’ after ‘‘under paragraph

(1)’’; and

(2) add at the end the following: ‘‘(3) The Secretary of Agriculture shall include in the record of

decision for a determination under paragraph (2)(A)— ‘‘(A) any written statement regarding the determination that

is prepared by a Regional Forester consulted by the Secretary

under paragraph (2)(A) regarding the determination; or ‘‘(B) an explanation why such a statement by the Regional

Forester is not included.

In section 6303(2), in the quoted material— (1) in paragraph (2)(A), insert ‘‘and consultation with any Regional Forester having administrative jurisdiction over the

lands concerned’’ after ‘‘under paragraph (1)’’; and

(2) add at the end the following: ‘‘(3) The Secretary of Agriculture shall include in the record of

decision for a determination under paragraph (2)(A)— ‘‘(A) any written statement regarding the determination that

is prepared by a Regional Forester consulted by the Secretary

under paragraph (2)(A) regarding the determination; or ‘‘(B) an explanation why such a statement by the Regional

Forester is not included.

In section 6234— (1) insert ‘‘(a) IN GENERAL.—’’ before the first sentence;

(2) redesignate subsections (c) and (d) as subsections (b) and

(c); and

(3) in the quoted material, strike the material preceding subsection (b) and insert the following:

‘‘REIMBURSEMENT FOR COSTS OF CERTAIN ANALYSES, DOCUMENTATION, AND STUDIES

‘‘SEC. 38. (a) IN GENERAL.—The Secretary of the Interior may,

through royalty credits, reimburse a person who is a lessee, operator, operating rights owner, or applicant for an oil or gas lease

under this Act for amounts paid by the person for preparation by

the Secretary (or a contractor or other person selected by the Secretary) of any project-level analysis, documentation, or related

study required under the National Environmental Policy Act of

1969 (42 U.S.C. 4321 et seq.) with respect to the lease.

In section 6308(a), in the quoted material, strike the material

preceding subsection (b) and insert the following:

‘‘REIMBURSEMENT FOR COSTS OF CERTAIN ANALYSES,

DOCUMENTATION, AND STUDIES

‘‘SEC. 38. (a) IN GENERAL.—The Secretary of the Interior may,

through royalty credits, reimburse a person who is a lessee, operVerDate 30-JUL-2001 07:35 Aug 01, 2001 Jkt 089008 PO 00000 Frm 00011 Fmt 6659 Sfmt 6602 E:\HR\OC\HR178.XXX pfrm04 PsN: HR178
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ator, operating rights owner, or applicant for a lease under this Act

for amounts paid by the person for preparation by the Secretary (or

a contractor or other person selected by the Secretary) of any

project-level analysis, documentation, or related study required

under the National Environmental Policy Act of 1969 (42 U.S.C.

4321 et seq.) with respect to the lease.

Page 510, after line 8, insert the following new division, and

make the necessary changes to the table of contents:

DIVISION G

SEC. 7101. BUY AMERICAN.

No funds authorized under this Act shall be available to any person or entity that has been convicted of violating the Buy American

Act (41 U.S.C. 10a–10c).

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BONO OF

CALIFORNIA, OR A DESIGNEE, DEBATABLE FOR 10 MINUTES

After section 141, insert the following new section and make the

necessary conforming changes in the table of contents:

SEC. 141A. ENERGY SUN RENEWABLE AND ALTERNATIVE ENERGY

PROGRAM.

(a) AMENDMENT.—The Energy Policy and Conservation Act (42

U.S.C. 6201 and following) is amended by inserting the following

after section 324A:

‘‘SEC. 324B. ENERGY SUN RENEWABLE AND ALTERNATIVE ENERGY

PROGRAM.

‘‘(a) PROGRAM.—There is established at the Environmental Protection Agency and the Department of Energy a government-industry partnership program to identify and promote the purchase of

renewable and alternative energy products, to recognize companies

that purchase renewable and alternative energy products for the

environmental and energy security benefits of such purchases, and

to educate consumers about the environmental and energy security

benefits of renewable and alternative energy. Responsibilities

under the program shall be divided between the Environmental

Protection Agency and the Department of Energy consistent with

the terms of agreements between the two agencies. The Administrator of the Environmental Protection Agency and the Secretary of

Energy—

‘‘(1) establish an Energy Sun label for renewable and alternative energy products and technologies that the Administrator or the Secretary (consistent with the terms of agreements between the two agencies regarding responsibility for

specific product categories) determine to have substantial environmental and energy security benefits and commercial marketability.

‘‘(2) establish an Energy Sun Company program to recognize

private companies that draw a substantial portion of their energy from renewable and alternative sources that provide substantial environmental and energy security benefits, as determined by the Administrator or the Secretary.

13

‘‘(3) promote Energy Sun compliant products and technologies as the preferred products and technologies in the marketplace for reducing pollution and achieving energy security;

and

‘‘(4) work to enhance public awareness and preserve the integrity of the Energy Sun label.

For the purposes of carrying out this section, there is authorized

to be appropriated $10,000,000 for each of fiscal years 2002

through 2006.

‘‘(b) STUDY OF CERTAIN PRODUCTS, TECHNOLOGIES, AND BUILDINGS.—Within 18 months after the enactment of this section, the

Administrator and the Secretary, consistent with the terms of

agreements between the two agencies, shall conduct a study to determine whether the Energy Sun label should be authorized for

products, technologies, and buildings in the following categories:

‘‘(1) Passive solar, solar thermal, concentrating solar energy,

solar water heating, and related solar products and building

technologies.

‘‘(2) Solar photovoltaics and other solar electric power generation technologies.

‘‘(3) Wind.

‘‘(4) Geothermal.

‘‘(5) Biomass.

‘‘(6) Distributed energy (including, but not limited to, microturbines, combined heat and power, fuel cells, and stirling heat

engines).

‘‘(7) Green power or other renewables and alternative based

electric power products (including green tag credit programs)

sold to retail consumers of electricity.

‘‘(8) Homes.

‘‘(9) School buildings.

‘‘(10) Retail buildings.

‘‘(11) Health care facilities.

‘‘(12) Hotels and other commercial lodging facilities.

‘‘(13) Restaurants and other food service facilities.

‘‘(14) Rest area facilities along interstate highways.

‘‘(15) Sports stadia, arenas, and concert facilities.

‘‘(16) Any other product, technology or building category, the

accelerated recognition of which the Administrator or the Secretary determines to be necessary or appropriate for the

achievement of the purposes of this section.

Nothing in this subsection shall be construed to limit the discretion

of the Administrator or the Secretary under subsection (a)(1) to include in the Energy Sun program additional products, technologies,

and buildings not listed in this subsection. Participation by privatesector entities in programs or studies authorized by this section

shall be (A) voluntary, and (B) by permission of the Administrator

or Secretary, on terms and conditions the Administrator or the Secretary (consistent with agreements between the agencies) deems

necessary or appropriate to carry out the purposes and requirements of this section.

‘‘(c) DEFINITION.—For the purposes of this section, the term ‘renewable and alternative energy’ shall have the same meaning as

the term ‘unconventional and renewable energy resources’ in SecVerDate 30-JUL-2001 07:35 Aug 01, 2001 Jkt 089008 PO 00000 Frm 00013 Fmt 6659 Sfmt 6602 E:\HR\OC\HR178.XXX pfrm04 PsN: HR178
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tion 551 of the National Energy Conservation Policy Act (42 U.S.C.

8259)’’.’’.

(b) TABLE OF CONTENTS AMENDMENT.—The table of contents of

the Energy Policy and Conservation Act is amended by inserting

after the item relating to section 324A the following new item:

‘‘Sec. 324B. Energy Sun renewable and alternative energy program.’’.

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BOEHLERT

OF NEW YORK, OR REPRESENTATIVE MARKEY OF MASSACHUSETTS,

OR A DESIGNEE, DEBATABLE FOR 40 MINUTES

Page 66, beginning at line 11, strike sections 201, 202, and 203

and insert the following:

SEC. 201. INCREASED AVERAGE FUEL ECONOMY STANDARDS FOR

PASSENGER AUTOMOBILES AND LIGHT TRUCKS.

(a) COMBINED STANDARD.—Section 32902(b) of title 49, United

States Code, is amended to read as follows:

‘‘(b) STANDARDS FOR PASSENGER AUTOMOBILES AND LIGHT

TRUCKS.—(1) Except as provided in this section, the average fuel

economy standard for the combination of passenger automobiles

and light trucks manufactured by a manufacturer—

‘‘(A) in each of model years 2005 and 2006 shall be 26.0

miles per gallon; and

‘‘(B) in a model year after model year 2006 shall be 27.5

miles per gallon.

‘‘(2) Except as provided in this section, and notwithstanding

paragraph (1), the average fuel economy standard for passenger

automobiles manufactured by a manufacturer in model years 2005

and 2006 shall be 27.5 miles per gallon.’’.

(b) AMENDING STANDARDS FOR PASSENGER AUTOMOBILES AND

LIGHT TRUCKS.—Section 32902(c) of title 49, United States Code, is

amended—

(1) by amending so much as precedes the second sentence of

paragraph (1) to read as follows:

‘‘(c) AMENDING STANDARD FOR COMBINATION OF PASSENGER

AUTOMOBILES AND LIGHT TRUCKS.—The Secretary of Transportation shall prescribe regulations amending any of the standards

under subsection (b) of this section for a model year to any higher

level that the Secretary decides is the maximum feasible average

fuel economy level for that model year.’’; and

(2) by striking paragraph (2).

(c) DEFINITION OF LIGHT TRUCK.—

(1) IN GENERAL.—Section 32901(a) of title 49, United States

Code, is amended by adding at the end the following:

‘‘(17) ‘light truck’ means a 4-wheeled vehicle that is propelled

by fuel, or by alternative fuel, that is manufactured primarily

for use on public streets, roads, and highways (except a vehicle

operated only on a rail line), and that the Secretary decides by

regulation—

‘‘(A) is rated—

‘‘(i) at less than 8,500 pounds gross vehicle weight,

in the case of an automobile manufactured in model

year 2005 or 2006; or

15

‘‘(ii) at less than 10,000 pounds gross vehicle weight,

in the case of an automobile manufactured in a model

year after model year 2006;

‘‘(B) is manufactured primarily for transporting not more

than 10 individuals; and

‘‘(C) is not a passenger automobile.’’.

(2) DEADLINE FOR REGULATIONS.—The Secretary of Transportation—

(A) shall issue proposed regulations implementing the

amendment made by this subsection by not later than 6

months after the date of the enactment of this Act; and

(B) shall issue final regulations implementing such

amendment by not later than one year after the date of

the enactment of this Act.

(c) CONFORMING AMENDMENTS.—

(1) Section 32901(a)(3) of title 49, United States Code, is

amended by striking ‘‘and rated at—’’ and inserting ‘‘and is a

light truck or is rated at—’’.

(2) Section 32902(a) of title 49, United States Code, is

amended—

(A) by striking ‘‘NON-PASSENGER AUTOMOBILES.—’’ and

inserting ‘‘STANDARDS FOR CERTAIN AUTOMOBILES.—’’; and

(B) by striking ‘‘(except passenger automobiles)’’ and inserting ‘‘(except passenger automobiles and light trucks)’’.

(3) Section 32908(a)(1) of title 49, United States Code, is

amended by striking ‘‘8,500’’ and inserting ‘‘10,000’’.

(d) APPLICATION.—The amendments made by this section shall

apply beginning on January 1, 2005.

(e) APPLICABILITY OF EXISTING STANDARDS.—This section does

not affect the application of section 32902 of title 49, United States

Code, to passenger automobiles and light trucks manufactured before model year 2005.

SEC. 202. AMENDMENTS TO MANUFACTURING INCENTIVES FOR ALTERNATIVE FUEL AUTOMOBILES.

Section 32905 of title 49, United States Code, is amended—

(1) in subsection (b) by striking ‘‘2004’’ and inserting ‘‘2008’’;

(2) in subsection (b)(1) by striking ‘‘.5 divided’’ and inserting

‘‘the number determined by (A) subtracting from 1.0 the alternative fuel use factor for the model, and (B) dividing the difference calculated under clause (A) by’’;

(3) in subsection (b)(2) by striking ‘‘.5 divided’’ and inserting

‘‘the number determined by dividing the alternative fuel use

factor for the model by’’;

(4) in subsection (d) by striking ‘‘2004’’ and inserting ‘‘2008’’;

(5) in subsection (d)(1) by striking ‘‘.5 divided’’ and inserting

‘‘the number determined by (A) subtracting from 1.0 the alternative fuel use factor for the model, and (B) dividing the difference calculated under clause (A) by’’;

(6) in subsection (d)(2) by striking ‘‘.5 divided’’ and inserting

‘‘the number determined by dividing the alternative fuel use

factor for the model by’’; and

(7) by adding at the end the following:

‘‘(h) DETERMINATION OF ALTERNATIVE FUEL USE FACTOR.—(1)

For purposes of subsections (b) and (d) of this section, the term ‘alVerDate 30-JUL-2001 07:35 Aug 01, 2001 Jkt 089008 PO 00000 Frm 00015 Fmt 6659 Sfmt 6602 E:\HR\OC\HR178.XXX pfrm04 PsN: HR178
16

ternative fuel use factor’ means, for a model of automobile, such

factor determined by the Administrator under this subsection.

‘‘(2) At the beginning of each year, the Secretary of Energy shall

estimate the amount of fuel and the amount of alternative fuel

used to operate all models of dual fuel automobiles during the most

recent 12-month period.

‘‘(3) The Administrator shall determine, by regulation, the alternative fuel use factor for each model of dual fueled automobile as

the fraction that represents, on an energy equivalent basis, the

ratio that the amount of alternative fuel determined under paragraph (1) bears to the amount of fuel determined under paragraph

(1).’’.

(c) APPLICATION.—The amendments made by this section shall

apply beginning on January 1, 2005.

(d) APPLICABILITY OF EXISTING STANDARDS.—This section does

not affect the application of section 32901 of title 49, United States

Code, to automobiles manufactured before model year 2005.

SEC. 203. ENSURING SAFETY OF PASSENGER AUTOMOBILES AND

LIGHT TRUCKS.

The Secretary of Transportation shall exercise such authority

under Federal law as the Secretary may have to ensure that passenger automobiles and light trucks (as those terms are defined in

section 32901 of title 49, United States Code, as amended by this

Act) are safe.

4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE WILSON OF

NEW MEXICO, OR REPRESENTATIVE CUBIN OF WYOMING OR A DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 81, after line 12 (after section 308 of title III of division A)

insert the following new section and make the necessary conforming changes in the table of contents:

SEC. 309. PROHIBITION OF COMMERCIAL SALES OF URANIUM BY THE

UNITED STATES UNTIL 2009.

Section 3112 of the USEC Privatization Act (42 U.S.C. 2297h–10)

is amended by adding at the end the following new subsection:

‘‘(g) PROHIBITION ON SALES.—With the exception of sales pursuant to subsection (b)(2) (42 U.S.C. 2297h–10(b)(2)), notwithstanding

any other provision of law, the United States Government shall not

sell or transfer any uranium (including natural uranium concentrates, natural uranium hexafluoride, enriched uranium, depleted uranium, or uranium in any other form) through March 23,

2009 (except sales or transfers for use by the Tennessee Valley Authority in relation to the Department of Energy’s HEU or Tritium

programs, or the Department of Energy research reactor sales program, or any depleted uranium hexaflouride to be transferred to a

designated Department of Energy contractor in conjunction with

the planned construction of the Depleted Uranium Hexaflouride

conversion plants in Portsmouth, Ohio, and Paducah, Kentucky, to

any natural uranium transferred to the U.S. Enrichment Corporation from the Department of Energy to replace contaminated uranium received from the Department of Energy when the U.S. Enrichment Corporation was privatized in July, 1998, or for emergency purposes in the event of a disruption in supply to end users

17

in the United States). The aggregate of sales or transfers of uranium by the United States Government after March 23, 2009, shall

not exceed 3,000,000 pounds U3O8 per calendar year.’’.

5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE GREEN OF

TEXAS, OR A DESIGNEE, DEBATABLE FOR 20 MINUTES

In Division A, title VIII, insert at the end the following new section and make the necessary conforming change in the table of contents:

SEC. 804. REPEAL OF HINSHAW EXEMPTION.

Effective on the date 60 days after the enactment of this Act, for

purposes of section 1(c) of the Natural Gas Act (15 U.S.C. 717(c)),

the term ‘‘State’’ shall not include the State of California.

6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE COX OF

CALIFORNIA, OR A DESIGNEE, DEBATABLE FOR 30 MINUTES

In Division A, at the end of title VI, insert the following new section and make the necessary conforming changes in the table of

contents:

SEC. 605. CALIFORNIA REFORMULATED GAS RULES.

Section 211(c)(4)(B) of the Clean Air Act (42 U.S.C. 7545(c)(4)(B))

is amended by adding the following at the end thereof: ‘‘Whenever

any such State that has received a waiver under section 209(b)(1)

has promulgated reformulated gasoline rules for any covered area

of such State (as defined in subsection (k)), such rules shall apply

in such area in lieu of the requirements of subsection (k) if such

State rules will achieve equivalent or greater emission reductions

than would result from the application of the requirements of subsection (k) in the case of the aggregate mass of emissions of toxic

air pollutants and in the case of the aggregate mass of emissions

of ozone-forming compounds.’’.

7. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE WAXMAN

OF CALIFORNIA, OR A DESIGNEE, DEBATABLE FOR 30 MINUTES

Page 96, after line 17, insert the following new title and make

the necessary conforming changes in the table of contents:

TITLE IX—PRICE GOUGING AND

BLACKOUT PREVENTION

SEC. 901. WHOLESALE ELECTRIC ENERGY RATES OF REGULATED ENTITIES IN THE WESTERN ENERGY MARKET.

(a) DEFINITIONS.—In this section:

(1) COMMISSION.—The term ‘‘Commission’’ means the Federal Energy Regulatory Commission.

(2) COST-OF-SERVICE BASED RATE.—The term ‘‘cost-of-service

based rate’’ means a rate, charge, or classification for the sale

of electric energy that is equal to—

(A) all the reasonable variable costs for producing the

electric energy;

18

(B) all the reasonable fixed costs for producing the electric energy;

(C) a reasonable risk premium or return on invested capital; and

(D) all other reasonable costs associated with the production, acquisition, conservation, and transmission of

electric power.

(3) PUBLIC UTILITY.—The term ‘‘public utility’’ has the meaning given the term in section 201 of the Federal Power Act (16

U.S.C. 824).

(4) WESTERN ENERGY MARKET.—The term ‘‘western energy

market’’ means the area within the United States that is covered by the Western Systems Coordinating Council.

(b) IMPOSITION OF WHOLESALE ELECTRIC ENERGY RATES.—Not

later than 30 days after the date of enactment of this Act, the Commission shall impose just and reasonable cost-of-service based rates

on sales by public utilities of electric energy at wholesale in the

western energy market. The Commission shall not impose such

rates under authority of this subsection on any facility generating

electric energy that did not generate electric energy at any time

prior to January 1, 2001.

(c) AUTHORITY OF STATE REGULATORY AUTHORITIES.—This section does not diminish or have any other effect on the authority of

a State regulatory authority (as defined in section 3 of the Federal

Power Act (16 U.S.C. 796)) to regulate rates and charges for the

sale of electric energy to consumers, including the authority to determine the manner in which wholesale rates shall be passed

through to consumers (including the setting of tiered pricing, realtime pricing, and baseline rates).

(d) REPEAL.—Effective on the date 18 months after the enactment of this Act, this section is repealed, and any cost-of-service

based rate imposed under this section that is then in effect shall

no longer be effective.

8. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE JACKSON

LEE OF TEXAS, OR REPRESENTATIVE WYNN OF MARYLAND, OR A

DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 168, line 20, insert ‘‘Of the funds authorized under this subsection, at least $5,000,000 for each fiscal year shall be for training

and education targeted to minority and social disadvantaged farmers and ranchers.’’ after ‘‘National Science Foundation.’’.

9. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CAPITO OF

WEST VIRGINIA, OR A DESIGNEE, DEBATABLE FOR 10 MINUTES

On page 190, after line 25, insert:

(c) GASIFICATION.—The Secretary shall fund at least one gasification project with the funds authorized under this section.

19

10. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE JACKSONLEE OF TEXAS, OR REPRESENTATIVE LAMPSON OF TEXAS, OR A

DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 191, after line 17, insert the following new section, and

make the necessary change to the table of contents:

SEC. 2423. NATURAL GAS AND OIL DEPOSITS REPORT.

Two years after the date of the enactment of this Act, and at

two-year intervals thereafter, the Secretary of the Interior, in consultation with other appropriate Federal agencies, shall transmit a

report to the Congress assessing the contents of natural gas and

oil deposits at existing drilling sites off the coast of Louisiana and

Texas.

11. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SUNUNU

OF NEW HAMPSHIRE, OR REPRESENTATIVE WILSON OF NEW MEXICO, OR A DESIGNEE, DEBATABLE FOR 20 MINUTES

Page 500, beginning at line 16, amend section 6512 to read as

follows:

SEC. 6512. REVENUE ALLOCATION.

(a) FEDERAL AND STATE DISTRIBUTION.—

(1) IN GENERAL.—Notwithstanding section 6504 of this Act,

the Mineral Leasing Act (30 U.S.C. 181 et. seq.), or any other

law, of the amount of adjusted bonus, rental, and royalty revenues from oil and gas leasing and operations authorized under

this title—

(A) 50 percent shall be paid to the State of Alaska; and

(B) the balance shall be deposited into the Renewable

Energy Technology Investment Fund and the Royalties

Conservation Fund as provided in this section.

(2) ADJUSTMENTS.—Adjustments to bonus, rental, and royalty amounts from oil and gas leasing and operations authorized under this title shall be made as necessary for overpayments and refunds from lease revenues received in current or

subsequent periods before distribution of such revenues pursuant to this section.

(3) TIMING OF PAYMENTS TO STATE.—Payments to the State

of Alaska under this section shall be made semiannually.

(b) RENEWABLE ENERGY TECHNOLOGY INVESTMENT FUND.— (1) ESTABLISHMENT AND AVAILABILITY.—There is hereby established in the Treasury of the United States a separate account which shall be known as the ‘‘Renewable Energy Technology Investment Fund’’.

(2) DEPOSITS.—Fifty percent of adjusted revenues from bonus

payments for leases issued under this title shall be deposited

into the Renewable Energy Technology Investment Fund.

(3) USE, GENERALLY.—Subject to paragraph (4), funds deposited into the Renewable Energy Technology Investment Fund

shall be used by the Secretary of Energy to finance research

grants, contracts, and cooperative agreements and expenses of

direct research by Federal agencies, including the costs of administering and reporting on such a program of research, to

improve and demonstrate technology and develop basic science

20

information for development and use of renewable and alternative fuels including wind energy, solar energy, geothermal

energy, and energy from biomass. Such research may include

studies on deployment of such technology including research on

how to lower the costs of introduction of such technology and

of barriers to entry into the market of such technology.

(4) USE FOR ADJUSTMENTS AND REFUNDS.—If for any circumstances, adjustments or refunds of bonus amounts deposited pursuant to this title become warranted, 50 percent of the

amount necessary for the sum of such adjustments and refunds

may be paid by the Secretary from the Renewable Energy

Technology Investment Fund.

(5) CONSULTATION AND COORDINATION.—Any specific use of

the Renewable Energy Technology Investment Fund shall be

determined only after the Secretary of Energy consults and coordinates with the heads of other appropriate Federal agencies.

(6) REPORTS.—Not later than 1 year after the date of the enactment of this Act and on an annual basis thereafter, the Secretary of Energy shall transmit to the Committee on Science

of the House of Representatives and the Committee on Energy

and Natural Resources of the Senate a report on the use of

funds under this subsection and the impact of and efforts to integrate such uses with other energy research efforts.

(c) ROYALTIES CONSERVATION FUND.—

(1) ESTABLISHMENT AND AVAILABILITY.—There is hereby established in the Treasury of the United States a separate account which shall be known as the ‘‘Royalties Conservation

Fund’’.

(2) DEPOSITS.—Fifty percent of revenues from rents and royalty payments for leases issued under this title shall be deposited into the Royalties Conservation Fund.

(3) USE, GENERALLY.—Subject to paragraph (4), funds deposited into the Royalties Conservation Fund—

(A) may be used by the Secretary of the Interior and the

Secretary of Agriculture to finance grants, contracts, cooperative agreements, and expenses for direct activities of

the Department of the Interior and the Forest Service to

restore and otherwise conserve lands and habitat and to

eliminate maintenance and improvements backlogs on

Federal lands, including the costs of administering and reporting on such a program; and

(B) may be used by the Secretary of the Interior to finance grants, contracts, cooperative agreements, and expenses—

(i) to preserve historic Federal properties;

(ii) to assist States and Indian Tribes in preserving

their historic properties;

(iii) to foster the development of urban parks; and

(iv) to conduct research to improve the effectiveness

and lower the costs of habitat restoration.

(4) USE FOR ADJUSTMENTS AND REFUNDS.—If for any circumstances, refunds or adjustments of royalty and rental

amounts deposited pursuant to this title become warranted, 50

percent of the amount necessary for the sum of such adjustVerDate 30-JUL-2001 07:35 Aug 01, 2001 Jkt 089008 PO 00000 Frm 00020 Fmt 6659 Sfmt 6602 E:\HR\OC\HR178.XXX pfrm04 PsN: HR178
21

ments and refunds may be paid from the Royalties Conservation Fund.

(d) AVAILABILITY.—Moneys covered into the accounts established

by this section— (1) shall be available for expenditure only to the extent appropriated therefor;

(2) may be appropriated without fiscal-year limitation; and

(3) may be obligated or expended only as provided in this

section.

12. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SUNUNU

OF NEW HAMPSHIRE, OR REPRESENTATIVE WILSON OF NEW MEX- ICO, OR A DESIGNEE, DEBATABLE FOR 20 MINUTES

In section 6507(a), strike ‘‘and’’ after the semicolon at the end of

paragraph (1), strike the period at the end of paragraph (2) and insert ‘‘; and’’, and add at the end the following:

(3) ensure that the maximum amount of surface acreage covered by production and support facilities, including airstrips

and any areas covered by gravel berms or piers for support of

pipelines, does not exceed 2,000 acres on the Coastal Plain.

13. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MARKEY

OF MASSACHUSETTS, OR REPRESENTATIVE JOHNSON OF CONNECTICUT, OR A DESIGNEE, DEBATABLE FOR 40 MINUTES

In Division F, strike title V (page 477, line 12 through page 501,

line 8).

14. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE

HAYWORTH OF ARIZONA, OR A DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 502, after line 13, insert the following:

SEC. 6602. AMENDMENT TO BUY INDIAN ACT.

Section 23 of the Act of June 25, 1910 (25 U.S.C. 47; commonly

known as the ‘‘Buy Indian Act’’) is amended by inserting ‘‘energy

products, and energy by-products,’’ after ‘‘printing,’’.

15. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE ROGERS

OF MICHIGAN, OR REPRESENTATIVE REYNOLDS OF NEW YORK, OR

A DESIGNEE, DEBATABLE FOR 10 MINUTES

In Division F, at the end of subtitle C of title II add the following:

SEC. . ENCOURAGEMENT OF STATE AND PROVINCIAL PROHIBITIONS ON OFF-SHORE DRILLING IN THE GREAT LAKES.

(a) FINDINGS.—The Congress finds the following:

(1) The water resources of the Great Lakes Basin are precious public natural resources, shared and held in trust by the

States of Illinois, Indiana, Michigan, Minnesota, New York,

Ohio, Pennsylvania, and Wisconsin, and the Canadian Province of Ontario.

22

(2) The environmental dangers associated with off-shore

drilling in the Great Lakes for oil and gas outweigh the potential benefits of such drilling.

(3) In accordance with the Submerged Lands Act (43 U.S.C.

1301 et seq.), each State that borders any of the Great Lakes

has authority over the area between that State’s coastline and

the boundary of Canada or another State.

(4) The States of Illinois, Michigan, New York, Pennsylvania,

and Wisconsin each have a statutory prohibition of off-shore

drilling in the Great Lakes for oil and gas.

(5) The States of Indiana, Minnesota, and Ohio do not have

such a prohibition.

(6) The Canadian Province of Ontario does not have such a

prohibition, and drilling for and production of gas occurs in the

Canadian portion of Lake Erie.

(b) ENCOURAGEMENT OF STATE AND PROVINCIAL PROHIBITIONS.— The Congress encourages— (1) the States of Illinois, Michigan, New York, Pennsylvania,

and Wisconsin to continue to prohibit off-shore drilling in the

Great Lakes for oil and gas;

(2) the States of Indiana, Minnesota, and Ohio and the Canadian Province of Ontario to enact a prohibition of such drilling; and

(3) the Canadian Province of Ontario to require the cessation

of any such drilling and any production resulting from such

drilling.

16. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE

TRAFICANT OF OHIO, OR A DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 191, after line 17, insert the following new section, and

make the necessary change to the table of contents:

SEC. 2423. OIL SHALE RESEARCH.

There are authorized to be appropriated to the Secretary of En- ergy for fiscal year 2002 $10,000,000, to be divided equally between

grants for research on Eastern oil shale and grants for research on

Western oil shale.

Æ