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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2519 Introduced in Senate (IS)]

<DOC>

115th CONGRESS
  2d Session
                                S. 2519

 To amend the Clean Air Act to reform the renewable fuel program under 
                   that Act, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 8, 2018

   Mr. Udall introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL

 
 To amend the Clean Air Act to reform the renewable fuel program under 
                   that Act, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Growing Renewable Energy through 
Existing and New Environmentally Responsible Fuels Act'' or the 
``GREENER Fuels Act''.

SEC. 2. DEFINITION OF ADMINISTRATOR.

    In this Act, the term ``Administrator'' means the Administrator of 
the Environmental Protection Agency.

SEC. 3. LIMITATION ON FUELS DERIVED FROM CORN KERNELS.

    (a) Advanced Biofuel.--Section 211(o)(1)(B) of the Clean Air Act 
(42 U.S.C. 7545(o)(1)(B)) is amended--
            (1) in clause (i), by striking ``, other than ethanol 
        derived from corn starch,''; and
            (2) by adding at the end the following:
                            ``(iii) Exclusion.--The term `advanced 
                        biofuel' does not include any fuel derived from 
                        a corn kernel-based feedstock.''.
    (b) Cellulosic Biofuel.--Section 211(o)(1)(E) of the Clean Air Act 
(42 U.S.C. 7545(o)(1)(E)) is amended--
            (1) by striking ``The term'' and inserting the following:
                            ``(i) In general.--The term''; and
            (2) by adding at the end the following:
                            ``(ii) Exclusion.--The term `cellulosic 
                        biofuel' does not include any renewable fuel 
                        derived from a corn kernel-based feedstock.''.

SEC. 4. RENEWABLE BIOMASS.

    (a) Prohibition on Invasive Species.--Section 211(o)(1)(I) of the 
Clean Air Act (42 U.S.C. 7545(o)(1)(I)) is amended--
            (1) by redesignating clauses (i) through (vii) as 
        subclauses (I) through (VII), respectively, and indenting the 
        subclauses appropriately;
            (2) in the matter preceding subclause (I) (as so 
        redesignated), by striking ``The term'' and inserting the 
        following:
                            ``(i) In general.--The term''; and
            (3) by adding at the end the following:
                            ``(ii) Exclusion.--The term `renewable 
                        biomass' does not include any species or 
                        variety of plant that, as determined by the 
                        Secretary of Agriculture, in consultation with 
                        other appropriate Federal and State agencies, 
                        is--
                                    ``(I) invasive;
                                    ``(II) noxious; or
                                    ``(III) potentially invasive, as 
                                determined using--
                                            ``(aa) a credible risk 
                                        assessment tool; or
                                            ``(bb) any other credible 
                                        source.''.
    (b) Ensuring Compliance.--
            (1) Records.--The Administrator shall revise the 
        regulations promulgated pursuant to section 211(o) of the Clean 
        Air Act (42 U.S.C. 7545(o)) to require that a domestic producer 
        of a crop-based renewable fuel shall meet the reporting and 
        records requirements specified in subsections (c) and (d) of 
        section 80.1454 of title 40, Code of Federal Regulations (or 
        successor regulations), to verify that feedstocks used by the 
        producer are renewable biomass.
            (2) Annual analysis.--Section 211(o)(11) of the Clean Air 
        Act (42 U.S.C. 7545(o)(11)) is amended--
                    (A) in the paragraph heading, by inserting ``and 
                analyses'' after ``reviews'';
                    (B) by redesignating subparagraphs (A) through (C) 
                as clauses (i) through (iii), respectively, and 
                indenting the clauses appropriately;
                    (C) in the matter preceding clause (i) (as so 
                redesignated), by striking ``To allow'' and inserting 
                the following:
                    ``(A) In general.--To allow''; and
                    (D) by adding at the end the following:
                    ``(B) Annual analysis of feedstocks and land.--
                            ``(i) In general.--Not later than April 1 
                        of each year, the Administrator, in conjunction 
                        with the Secretary of Agriculture, shall 
                        publish an analysis of the feedstocks and land 
                        used during the preceding calendar year to 
                        ensure compliance with this subsection, 
                        including an analysis of, with respect to that 
                        preceding calendar year--
                                    ``(I) the total domestic land area 
                                used for commercial agricultural 
                                production;
                                    ``(II) the total area planted to 
                                produce renewable biomass crops 
                                (including corn and soy) used to 
                                generate credits under this subsection;
                                    ``(III) the total area reported to 
                                the Department of Agriculture to be 
                                `new breakings', including a 
                                description of--
                                            ``(aa) the number of acres 
                                        that were previously--

                                                    ``(AA) wetlands, 
                                                pasture, rangeland, or 
                                                grasslands enrolled in 
                                                the conservation 
                                                reserve program 
                                                established under 
                                                subchapter B of chapter 
                                                1 of subtitle D of 
                                                title XII of the Food 
                                                Security Act of 1985 
                                                (16 U.S.C. 3831 et 
                                                seq.); or

                                                    ``(BB) other 
                                                sensitive land; and

                                            ``(bb) the crops planted on 
                                        those acres;
                                    ``(IV) the likelihood that 
                                renewable fuels were produced from 
                                feedstocks that do not qualify as 
                                renewable biomass;
                                    ``(V) the number, scope, and 
                                outcomes of any enforcement actions 
                                carried out by the Administrator in 
                                response to noncompliance with the 
                                reporting and recordkeeping 
                                requirements of this subsection; and
                                    ``(VI) any documented case in which 
                                a credit was generated pursuant to this 
                                subsection for a fuel that is not 
                                considered to be renewable biomass.
                            ``(ii) Authorization of appropriations.--
                        There are authorized to be appropriated to the 
                        Administrator and the Secretary of Agriculture 
                        such sums as are necessary for each fiscal year 
                        to carry out this subparagraph.''.

SEC. 5. STRENGTHENING ENVIRONMENTAL STANDARDS.

    (a) Elimination of Grandfather Clause.--
            (1) In general.--Section 211(o)(2)(A)(i) of the Clean Air 
        Act (42 U.S.C. 7545(o)(2)(A)(i)) is amended, in the second 
        sentence, by striking ``, in the case of any such renewable 
        fuel produced from new facilities that commence construction 
        after the date of enactment of this sentence,''.
            (2) Effective date.--The amendment made by paragraph (1) 
        takes effect on January 1, 2020.
    (b) Elimination of Modifications to Greenhouse Gas Reduction 
Percentages.--
            (1) In general.--Section 211(o) of the Clean Air Act (42 
        U.S.C. 7545(o)) is amended--
                    (A) by striking paragraph (4); and
                    (B) by redesignating paragraphs (5) through (12) as 
                paragraphs (4) through (11), respectively.
            (2) Conforming amendments.--Section 211(o) of the Clean Air 
        Act (42 U.S.C. 7545(o)) is amended--
                    (A) in paragraph (2)(A)(ii)(II)(cc), by striking 
                ``paragraph (5)'' and inserting ``paragraph (4)'';
                    (B) in paragraph (3)(C)(ii), by striking 
                ``paragraph (9)'' and inserting ``paragraph (8)'';
                    (C) in subparagraph (A)(iii) of paragraph (4) (as 
                redesignated by paragraph (1)(B)), by striking 
                ``paragraph (9)(C)'' and inserting ``paragraph 
                (8)(C)'';
                    (D) in subparagraph (D)(ii) of paragraph (7) (as 
                redesignated by paragraph (1)(B)), by striking 
                ``paragraph (7)'' and inserting ``paragraph (6)''; and
                    (E) in subparagraph (C) of paragraph (8) (as 
                redesignated by paragraph (1)(B)), by striking 
                ``paragraph (5)'' and inserting ``paragraph (4)''.

SEC. 6. APPLICABLE VOLUMES; SUNSET.

    (a) In General.--Section 211(o)(2) of the Clean Air Act (42 U.S.C. 
7545(o)(2)) is amended by striking subparagraph (B) and inserting the 
following:
                    ``(B) Applicable volumes; sunset.--
                            ``(i) Conventional biofuel.--For purposes 
                        of subparagraph (A), the applicable volume of 
                        renewable fuel that is not cellulosic biofuel, 
                        biomass-based diesel, or any other advanced 
                        biofuel shall be--
                                    ``(I) for calendar year 2019, 
                                15,000,000,000 gallons;
                                    ``(II) for calendar year 2020, 
                                15,000,000,000 gallons;
                                    ``(III) for calendar year 2021, 
                                15,000,000,000 gallons;
                                    ``(IV) for calendar year 2022, 
                                15,000,000,000 gallons;
                                    ``(V) for calendar year 2023, 
                                13,000,000,000 gallons;
                                    ``(VI) for calendar year 2024, 
                                11,000,000,000 gallons;
                                    ``(VII) for calendar year 2025, 
                                9,000,000,000 gallons;
                                    ``(VIII) for calendar year 2026, 
                                7,000,000,000 gallons;
                                    ``(IX) for calendar year 2027, 
                                5,000,000,000 gallons;
                                    ``(X) for calendar year 2028, 
                                3,000,000,000 gallons; and
                                    ``(XI) for calendar year 2029, 
                                1,000,000,000 gallons.
                            ``(ii) Cellulosic biofuel, biomass-based 
                        diesel, and other advanced biofuel.--
                                    ``(I) In general.--Subject to 
                                subclause (III), not later than March 1 
                                of each calendar year, the 
                                Administrator shall establish for the 
                                calendar year that the applicable 
                                volume of cellulosic biofuel, biomass-
                                based diesel, and advanced biofuel 
                                (other than cellulosic biofuel and 
                                biomass-based diesel) for purposes of 
                                subparagraph (A) shall be equal to the 
                                actual volume of cellulosic biofuel, 
                                biomass-based diesel, or advanced 
                                biofuel (other than cellulosic biofuel 
                                and biomass-based diesel), 
                                respectively, produced during the 
                                preceding calendar year, as determined 
                                under subclause (II).
                                    ``(II) Determination of actual 
                                production.--
                                            ``(aa) In general.--Not 
                                        later than February 28 of each 
                                        calendar year, the 
                                        Administrator shall determine 
                                        the actual volume of cellulosic 
                                        biofuel, biomass-based diesel, 
                                        and advanced biofuel (other 
                                        than cellulosic biofuel and 
                                        biomass-based diesel) produced 
                                        during the preceding calendar 
                                        year, based on information from 
                                        the Moderated Transaction 
                                        System of the Environmental 
                                        Protection Agency.
                                            ``(bb) Mid-year review.--
                                        Not later than September 1 of 
                                        each calendar year, the 
                                        Administrator shall adjust the 
                                        applicable volume requirement 
                                        under subclause (I) for the 
                                        calendar year for cellulosic 
                                        biofuel, biomass-based diesel, 
                                        or other advanced biofuel to 
                                        reflect any increase in 
                                        production during that calendar 
                                        year, based on information from 
                                        the Moderated Transaction 
                                        System.
                                    ``(III) Limitation.--
                                Notwithstanding any other provision of 
                                this clause, the applicable volume of 
                                biomass-based diesel or advanced 
                                biofuel (other than biomass-based 
                                diesel and cellulosic biofuel) 
                                established pursuant to subclause (I) 
                                for any calendar year shall not exceed 
                                2,000,000,000 gallons.
                            ``(iii) Limitation on virgin vegetable 
                        oils.--
                                    ``(I) Definition of virgin 
                                vegetable oil.--
                                            ``(aa) In general.--In this 
                                        clause, the term `virgin 
                                        vegetable oil' means any oil 
                                        pressed directly from a 
                                        harvested crop, including 
                                        soybean, canola, peanut, and 
                                        palm crops.
                                            ``(bb) Exclusion.--In this 
                                        clause, the term `virgin 
                                        vegetable oil' does not include 
                                        any recycled or waste oil, such 
                                        as--

                                                    ``(AA) used cooking 
                                                oil; or

                                                    ``(BB) any other 
                                                waste oil that is no 
                                                longer usable for human 
                                                or animal consumption.

                                    ``(II) Limitation.--For each 
                                calendar year, not more than 
                                1,000,000,000 gallons of biomass-based 
                                diesel derived from a virgin vegetable 
                                oil or a bioenergy production byproduct 
                                that is suitable as animal feed may be 
                                used to satisfy the applicable volume 
                                of biomass-based diesel required under 
                                this paragraph.
                            ``(iv) Sunset.--
                                    ``(I) In general.--The requirement 
                                under this paragraph that 
                                transportation fuel sold or introduced 
                                into commerce in the United States 
                                (except in noncontiguous States or 
                                territories), on an annual average 
                                basis, shall contain at least an 
                                applicable volume of any renewable fuel 
                                that is not cellulosic biofuel shall 
                                cease to apply on January 1, 2030.
                                    ``(II) Cellulosic biofuel.--The 
                                requirement under this paragraph that 
                                transportation fuel sold or introduced 
                                into commerce in the United States 
                                (except in noncontiguous States or 
                                territories), on an annual average 
                                basis, shall contain at least an 
                                applicable volume of renewable fuel 
                                that is cellulosic biofuel shall cease 
                                to apply beginning on the earlier of--
                                            ``(aa) January 1, 2037; and
                                            ``(bb) January 1 of the 
                                        calendar year beginning after 
                                        the first calendar year during 
                                        which a total of not less than 
                                        2,000,000,000 gallons of 
                                        cellulosic biofuel is 
                                        produced.''.
    (b) Conforming Amendments.--Section 211(o)(3) of the Clean Air Act 
(42 U.S.C. 7545(o)(3)) is amended--
            (1) by striking subparagraph (A);
            (2) by redesignating subparagraphs (B) and (C) as 
        subparagraphs (A) and (B), respectively;
            (3) in subparagraph (A) (as so redesignated)--
                    (A) in clause (i)--
                            (i) by striking ``Not later than November 
                        30 of each of calendar years 2005 through 2021, 
                        based on the estimate provided under 
                        subparagraph (A), the Administrator of the 
                        Environmental Protection Agency'' and inserting 
                        ``Not later than March 1 of each calendar year, 
                        the Administrator''; and
                            (ii) by striking ``the following'' and 
                        inserting ``that''; and
                    (B) in clause (ii)(III), by striking ``subparagraph 
                (C)(i)'' and inserting ``subparagraph (B)(i)''; and
            (4) in clause (i) of subparagraph (B) (as so redesignated), 
        by striking ``subparagraph (B)(ii)(I)'' and inserting 
        ``subparagraph (A)(ii)(I)''.

SEC. 7. ALLEVIATING ETHANOL BLEND WALL.

    Section 211(o)(3) of the Clean Air Act (42 U.S.C. 7545(o)(3)) is 
amended, in subparagraph (A) (as redesignated by section 6(b)(2)), by 
adding at the end the following:
                            ``(iii) Limitation.--
                                    ``(I) Introduction into commerce of 
                                conventional biofuel.--
                                            ``(aa) In general.--
                                        Notwithstanding paragraph 
                                        (2)(B), subject to item (bb), 
                                        the Administrator shall not 
                                        establish any renewable fuel 
                                        obligation for a calendar year 
                                        under this subsection that 
                                        would result, directly or 
                                        indirectly, in the introduction 
                                        into commerce in the United 
                                        States of a total volume of 
                                        conventional biofuel contained 
                                        in transportation fuel that is 
                                        greater than 9.7 percent of the 
                                        total volume of gasoline 
                                        projected to be sold or 
                                        introduced into commerce in the 
                                        United States for that calendar 
                                        year.
                                            ``(bb) Prioritization.--In 
                                        carrying out this subparagraph, 
                                        the Administrator shall give 
                                        priority to the consumption of 
                                        commercially available ethanol 
                                        that is cellulosic biofuel 
                                        before the consumption of 
                                        conventional biofuel.
                                    ``(II) Applicability.--The 
                                limitation under subclause (I) shall 
                                apply without regard to the available 
                                supply of credits generated during any 
                                preceding calendar year pursuant to 
                                paragraph (4).
                                    ``(III) EIA estimate.--
                                            ``(aa) In general.--For 
                                        purposes of subclause (I), for 
                                        each calendar year, the 
                                        Administrator shall request 
                                        from the Administrator of the 
                                        Energy Information 
                                        Administration, and use without 
                                        alteration, an estimate of the 
                                        total volume of gasoline 
                                        projected to be sold or 
                                        introduced into commerce in the 
                                        United States during that 
                                        calendar year.
                                            ``(bb) Requirement.--The 
                                        Administrator of the Energy 
                                        Information Administration 
                                        shall provide to the 
                                        Administrator each estimate 
                                        requested pursuant to item (aa) 
                                        relating to a calendar year by 
                                        not later than February 28 of 
                                        that calendar year.''.

SEC. 8. CELLULOSIC BIOFUEL CREDITS.

    Section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) is amended, 
in paragraph (4) (as redesignated by section 5(b)(1)(B))--
            (1) in subparagraph (C)--
                    (A) by striking ``A credit'' and inserting the 
                following:
                            ``(i) In general.--Subject to clause (ii), 
                        a credit''; and
                    (B) by adding at the end the following:
                            ``(ii) Cellulosic biofuel credits.--
                        Notwithstanding clause (i), a cellulosic 
                        biofuel credit generated pursuant to this 
                        paragraph shall be valid to demonstrate 
                        compliance with paragraph (2) for--
                                    ``(I) the calendar year during 
                                which the credit is generated; and
                                    ``(II) the following calendar 
                                year.''; and
            (2) by adding at the end the following:
                    ``(F) No limitation on generation of cellulosic 
                biofuel credits.--The regulations promulgated pursuant 
                to paragraph (2)(A) shall provide that the number of 
                cellulosic biofuel credits that may be generated for 
                any calendar year pursuant to this paragraph shall not 
                be limited to the applicable volume determined under 
                paragraph (2)(B) of cellulosic biofuel for that 
                year.''.

SEC. 9. WAIVERS.

    Section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) is amended, 
in paragraph (6) (as redesignated by section 5(b)(1)(B))--
            (1) in subparagraph (A)--
                    (A) in the matter preceding clause (i), by striking 
                ``may waive'' and inserting ``shall waive''; and
                    (B) in clause (i), by inserting ``, independently 
                or in conjunction with other factors,'' after 
                ``implementation of the requirement''; and
            (2) by striking subparagraphs (D) through (F).

SEC. 10. LAND TENURE.

    (a) Approval of Renewable Fuel Pathway.--In determining whether to 
approve a renewable fuel pathway for purposes of the renewable fuel 
program under section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)), 
the Administrator--
            (1) shall take into consideration the risk that production 
        of an applicable feedstock for the pathway will contribute to 
        the acquisition of land in a manner that violates the land 
        tenure rights of any individual or community; and
            (2) shall not approve such a feedstock or pathway if, based 
        on the consideration under paragraph (1), the Administrator 
        determines that there exists a significant risk described in 
        that paragraph.
    (b) Report.--Not later than 120 days after the date of enactment of 
this Act, the Administrator, in consultation with the Secretary of 
Agriculture and the Administrator of the United States Agency for 
International Development, shall publish a report that describes the 
impact of the renewable fuel program under section 211(o) of the Clean 
Air Act (42 U.S.C. 7545(o)) on--
            (1) domestic farm ownership consolidation; and
            (2) global land acquisition, including the acquisition of 
        land in a manner that violates the land tenure rights of any 
        individual or community.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.

SEC. 11. COMPREHENSIVE ASSESSMENT OF IMPLICATIONS ON USE OF MID-LEVEL 
              ETHANOL BLENDS.

    (a) Definition of Mid-Level Ethanol Blend.--In this section, the 
term ``mid-level ethanol blend'' means an ethanol-gasoline blend that--
            (1) contains more than 10 but not more than 20 percent 
        ethanol by volume; and
            (2) is intended to be used in any conventional, gasoline-
        powered--
                    (A) onroad, nonroad, or marine engine; or
                    (B) onroad or nonroad vehicle.
    (b) Assessment.--
            (1) In general.--The Administrator, acting through the 
        Assistant Administrators of the Office of Research and 
        Development and the Office of Air and Radiation, shall--
                    (A) not later than 45 days after the date of 
                enactment of this Act, enter into an agreement with the 
                National Academy of Sciences under which the Academy 
                shall provide to the Assistant Administrators, by not 
                later than 18 months after that date of enactment, a 
                comprehensive assessment of the scientific and 
                technical research regarding the implications of the 
                use of mid-level ethanol blends, as compared to the use 
                of gasoline blends containing 10 percent or 0 percent 
                ethanol, in accordance with paragraph (2); and
                    (B) not later than 30 days after the date of 
                receipt of the results of the assessment under 
                subparagraph (A), submit to the Committees on Science, 
                Space, and Technology and Energy and Commerce of the 
                House of Representatives and the Committee on 
                Environment and Public Works of the Senate a report 
                describing the findings of the assessment, together 
                with a statement describing the agreement or 
                disagreement of the Assistant Administrators with each 
                finding.
            (2) Contents.--The assessment under paragraph (1)(A) shall 
        include each of the following:
                    (A) An evaluation of the short- and long-term 
                environmental, safety, durability, and performance 
                effects of the introduction of mid-level ethanol blends 
                on onroad, nonroad, and marine engines, onroad and 
                nonroad vehicles, and related equipment--
                            (i) taking into consideration--
                                    (I) the impacts of mid-level 
                                ethanol blends or blends with higher 
                                ethanol concentrations as certification 
                                fuels; and
                                    (II) the effect of mid-level 
                                ethanol blends on emissions of carbon 
                                dioxide, taking into consideration such 
                                emissions from the lifecycle production 
                                of the mid-level ethanol blends, as 
                                compared to gasoline blends containing 
                                10 percent or 0 percent ethanol; and
                            (ii) including--
                                    (I) a review of all available 
                                scientific evidence, including all 
                                relevant government and industry data 
                                and testing, including data relied on 
                                by the Administrator, as contained in--
                                            (aa) the notice entitled 
                                        ``Partial Grant and Partial 
                                        Denial of Clean Air Act Waiver 
                                        Application Submitted by Growth 
                                        Energy To Increase the 
                                        Allowable Ethanol Content of 
                                        Gasoline to 15 Percent; 
                                        Decision of the Administrator'' 
                                        (75 Fed. Reg. 68094 (November 
                                        4, 2010));
                                            (bb) the notice entitled 
                                        ``Partial Grant of Clean Air 
                                        Act Waiver Application 
                                        Submitted by Growth Energy To 
                                        Increase the Allowable Ethanol 
                                        Content of Gasoline to 15 
                                        Percent; Decision of the 
                                        Administrator'' (76 Fed. Reg. 
                                        4662 (January 26, 2011)); and
                                            (cc) the final rule of the 
                                        Administrator entitled 
                                        ``Regulation To Mitigate the 
                                        Misfueling of Vehicles and 
                                        Engines With Gasoline 
                                        Containing Greater Than Ten 
                                        Volume Percent Ethanol and 
                                        Modifications to the 
                                        Reformulated and Conventional 
                                        Gasoline Programs'' (76 Fed. 
                                        Reg. 44406 (July 25, 2011)); 
                                        and
                                    (II) an identification of gaps in 
                                understanding and research needs 
                                relating to--
                                            (aa) tailpipe emissions;
                                            (bb) evaporative emissions;
                                            (cc) engine and fuel system 
                                        durability;
                                            (dd) onboard diagnostics;
                                            (ee) emissions inventory 
                                        and other modeling effects;
                                            (ff) materials 
                                        compatibility;
                                            (gg) operability and 
                                        drivability;
                                            (hh) fuel efficiency;
                                            (ii) fuel economy;
                                            (jj) consumer education and 
                                        satisfaction;
                                            (kk) cost-effectiveness for 
                                        consumers;
                                            (ll) catalyst durability;
                                            (mm) durability of storage 
                                        tanks, piping, and dispensers 
                                        for retail use;
                                            (nn) lifecycle greenhouse 
                                        gas emissions of EO, E10, E15, 
                                        and E85 ethanol blends; and
                                            (oo) smog formation.
                    (B) An identification of areas of research, 
                development, and testing necessary--
                            (i) to ensure that existing motor fuel 
                        infrastructure is not adversely impacted by 
                        mid-level ethanol blends, including an 
                        examination of the potential impacts of mid-
                        level ethanol blends on metal, plastic, rubber, 
                        or any other materials used in pipes or storage 
                        tanks; and
                            (ii) to reduce the risk of misfueling by 
                        users at various points in the distribution and 
                        supply chains, including at bulk storage, 
                        retail storage, and distribution 
                        configurations, through an assessment of--
                                    (I) the best methods and practices 
                                to prevent misfueling;
                                    (II) misfueling mitigation 
                                strategies for blender pumps, 
                                including--
                                            (aa) volumetric purchase 
                                        requirements; and
                                            (bb) labeling requirements;
                                    (III) the adequacy of misfueling 
                                mitigation plans approved by the 
                                Environmental Protection Agency; and
                                    (IV) the technical standards and 
                                recommendations regarding fuel pump 
                                labeling of--
                                            (aa) the National Institute 
                                        of Standards and Technology;
                                            (bb) the American National 
                                        Standards Institute; and
                                            (cc) the International 
                                        Organization for 
                                        Standardization.
            (3) Limitation on new waivers.--The Administrator shall not 
        provide any new waiver pursuant to section 211(f)(4) of the 
        Clean Air Act (42 U.S.C. 7545(f)(4)) during the period--
                    (A) beginning on the date of enactment of this Act; 
                and
                    (B) ending on the date of submission of the report 
                under paragraph (1)(B).
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.

SEC. 12. FEES; PRIVATE LAND PROTECTION AND RESTORATION FUND.

    (a) Fees.--
            (1) Assessment and collection.--Not later than 90 days 
        after the date of enactment of this Act, the Administrator 
        shall establish--
                    (A) a 1-time fee of $0.10 per credit generated 
                pursuant to paragraph (4) of section 211(o) of the 
                Clean Air Act (42 U.S.C. 7545(o)) (as redesignated by 
                section 5(b)(1)(B)), to be assessed at the time the 
                credit is used to comply with the requirements of that 
                section; and
                    (B) procedures for the assessment and payment of 
                the fee.
            (2) Deposits.--Any fee assessed and paid pursuant to 
        paragraph (1) shall be deposited in the Private Land Protection 
        and Restoration Fund established by subsection (b)(1).
    (b) Private Land Protection and Restoration Fund.--
            (1) Establishment.--There is established in the Treasury of 
        the United States a fund, to be known as the ``Private Land 
        Protection and Restoration Fund'' (referred to in this 
        subsection as the ``Fund'').
            (2) Amounts.--The Fund shall consist of--
                    (A) amounts deposited in the Fund under subsection 
                (a)(2); and
                    (B) any amounts appropriated to the Fund.
            (3) Expenditures.--
                    (A) In general.--Subject to subparagraph (B), the 
                amounts in the Fund shall be available, without 
                appropriation, to the Secretary of the Interior, acting 
                in consultation with the Secretary of Agriculture, for 
                existing programs, the purposes of which are to 
                protect, conserve, or restore the types of habitat and 
                wildlife that are most impacted by the conversion of 
                native habitat to crop production, including 
                grasslands, wetlands, forests, and adjacent waterways 
                in areas that have experienced significant expansion of 
                corn and soy production since January 1, 2007.
                    (B) Limitation.--Of the amounts in the Fund, not 
                more than 30 percent may be used during any calendar 
                year for existing programs described in subparagraph 
                (A) that provide grants to States to carry out the 
                purposes described in that subparagraph.
            (4) Prohibition on land acquisition.--
                    (A) In general.--The Secretary of the Interior, in 
                consultation with the Secretary of Agriculture, may not 
                use amounts in the Fund to purchase or otherwise 
                acquire land.
                    (B) Effect of paragraph.--Nothing in this paragraph 
                prevents the Secretary of the Interior, in consultation 
                with the Secretary of Agriculture, from establishing a 
                conservation easement with a private landowner.
                                 <all>
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