1122
manner, and to the same extent, as any person is subject
to such requirements, including the payment of reasonable
service charges. The Federal, State, interstate, and local
substantive and procedural requirements referred to in
this subsection include, but are not limited to, all adminis-
trative orders and all civil and administrative penalties
and fines, regardless of whether such penalties or fines
are punitive or coercive in nature or are imposed for iso-
lated, intermittent, or continuing violations. The United
States hereby expressly waives any immunity otherwise
applicable to the United States with respect to any such
substantive or procedural requirement (including, but not
limited to, any injunctive relief, administrative order or
civil or administrative penalty or fine referred to in the
preceding sentence, or reasonable service charge). The rea-
sonable service charges referred to in this subsection in-
clude, but are not limited to, fees or charges assessed in
connection with the processing and issuance of permits,
renewal of permits, amendments to permits, review of
plans, studies, and other documents, and inspection and
monitoring of facilities, as well as any other nondiscrim-
inatory charges that are assessed in connection with a
Federal, State, interstate, or local underground storage
tank regulatory program. Neither the United States, nor
any agent, employee, or officer thereof, shall be immune
1123
or exempt from any process or sanction of any State or
Federal Court with respect to the enforcement of any such
injunctive relief. No agent, employee, or officer of the
United States shall be personally liable for any civil pen-
alty under any Federal, State, interstate, or local law con-
cerning underground storage tanks with respect to any act
or omission within the scope of the official duties of the
agent, employee, or officer. An agent, employee, or officer
of the United States shall be subject to any criminal sanc-
tion (including, but not limited to, any fine or imprison-
ment) under any Federal or State law concerning under-
ground storage tanks, but no department, agency, or in-
strumentality of the executive, legislative, or judicial
branch of the Federal Government shall be subject to any
such sanction. The President may exempt any under-
ground storage tank of any department, agency, or instru-
mentality in the executive branch from compliance with
such a requirement if he determines it to be in the para-
mount interest of the United States to do so. No such
exemption shall be granted due to lack of appropriation
unless the President shall have specifically requested such
appropriation as a part of the budgetary process and the
Congress shall have failed to make available such re-
quested appropriation. Any exemption shall be for a period
not in excess of one year, but additional exemptions may
1124
be granted for periods not to exceed one year upon the
President’s making a new determination. The President
shall report each January to the Congress all exemptions
from the requirements of this section granted during the
preceding calendar year, together with his reason for
granting each such exemption.
‘‘(b) REVIEW OF AND REPORT ON FEDERAL UNDER-
GROUND STORAGE TANKS.—
‘‘(1) REVIEW.—Not later than 12 months after
the date of enactment of the Underground Storage
Tank Compliance Act of 2004, each Federal agency
that owns or operates 1 or more underground stor-
age tanks, or that manages land on which 1 or more
underground storage tanks are located, shall submit
to the Administrator, the Committee on Energy and
Commerce of the United States House of Represent-
atives, and the Committee on the Environment and
Public Works of the United States Senate a compli-
ance strategy report that—
‘‘(A) lists the location and owner of each
underground storage tank described in this
paragraph;
‘‘(B) lists all tanks that are not in compli-
ance with this subtitle that are owned or oper-
ated by the Federal agency;
1125
‘‘(C) specifies the date of the last inspec-
tion by a State or Federal inspector of each un-
derground storage tank owned or operated by
the agency;
‘‘(D) lists each violation of this subtitle re-
specting any underground storage tank owned
or operated by the agency;
‘‘(E) describes the operator training that
has been provided to the operator and other
persons having primary daily on-site manage-
ment responsibility for the operation and main-
tenance of underground storage tanks owned or
operated by the agency; and
‘‘(F) describes the actions that have been
and will be taken to ensure compliance for each
underground storage tank identified under sub-
paragraph (B).
‘‘(2) NOT A SAFE HARBOR.—This subsection
does not relieve any person from any obligation or
requirement under this subtitle.’’.
SEC. 1529. TANKS ON TRIBAL LANDS.
(a) IN GENERAL.—Subtitle I of the Solid Waste Dis-
posal Act (42 U.S.C. 6991 et seq.) is amended by adding
the following at the end thereof:
1126
‘‘SEC. 9013. TANKS ON TRIBAL LANDS.
‘‘(a) STRATEGY.—The Administrator, in coordination
with Indian tribes, shall, not later than 1 year after the
date of enactment of this section, develop and implement
a strategy—
‘‘(1) giving priority to releases that present the
greatest threat to human health or the environment,
to take necessary corrective action in response to re-
leases from leaking underground storage tanks lo-
cated wholly within the boundaries of—
‘‘(A) an Indian reservation; or
‘‘(B) any other area under the jurisdiction
of an Indian tribe; and
‘‘(2) to implement and enforce requirements
concerning underground storage tanks located wholly
within the boundaries of—
‘‘(A) an Indian reservation; or
‘‘(B) any other area under the jurisdiction
of an Indian tribe.
‘‘(b) REPORT.—Not later than 2 years after the date
of enactment of this section, the Administrator shall sub-
mit to Congress a report that summarizes the status of
implementation and enforcement of this subtitle in areas
located wholly within—
‘‘(1) the boundaries of Indian reservations; and
1127
‘‘(2) any other areas under the jurisdiction of
an Indian tribe.
The Administrator shall make the report under this sub-
section available to the public.
‘‘(c) NOT A SAFE HARBOR.—This section does not
relieve any person from any obligation or requirement
under this subtitle.
‘‘(d) STATE AUTHORITY.—Nothing in this section
applies to any underground storage tank that is located
in an area under the jurisdiction of a State, or that is
subject to regulation by a State, as of the date of enact-
ment of this section.’’.
(b) TABLE OF CONTENTS.—The table of contents for
such subtitle I is amended by adding the following new
item at the end thereof:
‘‘Sec. 9013. Tanks on Tribal lands.’’.
SEC. 1530. FUTURE RELEASE CONTAINMENT TECHNOLOGY.
Not later than 2 years after the date of enactment
of this Act, the Administrator of the Environmental Pro-
tection Agency, after consultation with States, shall make
available to the public and to the Committee on Energy
and Commerce of the House of Representatives and the
Committee on Environment and Public Works of the Sen-
ate information on the effectiveness of alternative possible
methods and means for containing releases from under-
ground storage tanks systems.
1128
SEC. 1531. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—Subtitle I of the Solid Waste Dis-
posal Act (42 U.S.C. 6991 et seq.) is amended by adding
at the end the following:
‘‘SEC. 9014. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to the Ad-
ministrator the following amounts:
‘‘(1) To carry out subtitle I (except sections
9003(h), 9005(c), 9011 and 9012) $50,000,000 for
each of fiscal years 2004 through 2008.
‘‘(2) From the Trust Fund, notwithstanding
section 9508(c)(1) of the Internal Revenue Code of
1986:
‘‘(A) to carry out section 9003(h) (except
section 9003(h)(12)) $200,000,000 for each of
fiscal years 2004 through 2008;
‘‘(B) to carry out section 9003(h)(12),
$200,000,000 for each of fiscal years 2004
through 2008;
‘‘(C) to carry out sections 9004(f) and
9005(c) $100,000,000 for each of fiscal years
2004 through 2008; and
‘‘(D) to carry out sections 9011 and 9012
$55,000,000 for each of fiscal years 2004
through 2008.’’.
1129
(b) TABLE OF CONTENTS.—The table of contents for
such subtitle I is amended by adding the following new
item at the end thereof:
‘‘Sec. 9014. Authorization of appropriations.’’.
SEC. 1532. CONFORMING AMENDMENTS.
(a) IN GENERAL.—Section 9001 of the Solid Waste
Disposal Act (42 U.S.C. 6991) is amended as follows:
(1) By striking ‘‘For the purposes of this sub-
title—’’ and inserting ‘‘In this subtitle:’’.
(2) By redesignating paragraphs (1), (2), (3),
(4), (5), (6), (7), and (8) as paragraphs (10), (7),
(4), (3), (8), (5), (2), and (6), respectively.
(3) By inserting before paragraph (2) (as redes-
ignated by paragraph (2) of this subsection) the fol-
lowing:
‘‘(1) INDIAN TRIBE.—
‘‘(A) IN
GENERAL.—The term ‘Indian
tribe’ means any Indian tribe, band, nation, or
other organized group or community that is rec-
ognized as being eligible for special programs
and services provided by the United States to
Indians because of their status as Indians.
‘‘(B) 
INCLUSIONS.—The 
term 
‘Indian
tribe’ includes an Alaska Native village, as de-
fined in or established under the Alaska Native
1130
Claims Settlement Act (43 U.S.C. 1601 et
seq.); and’’.
(4) By inserting after paragraph (8) (as redes-
ignated by paragraph (2) of this subsection) the fol-
lowing:
‘‘(9) TRUST
FUND.—The term ‘Trust Fund’
means the Leaking Underground Storage Tank
Trust Fund established by section 9508 of the Inter-
nal Revenue Code of 1986.’’.
(b) CONFORMING AMENDMENTS.—The Solid Waste
Disposal Act (42 U.S.C. 6901 and following) is amended
as follows:
(1) Section 9003(f) (42 U.S.C. 6991b(f)) is
amended—
(A) 
in 
paragraph 
(1), 
by 
striking
‘‘9001(2)(B)’’ and inserting ‘‘9001(7)(B)’’; and
(B) in paragraphs (2) and (3), by striking
‘‘9001(2)(A)’’ each place it appears and insert-
ing ‘‘9001(7)(A)’’.
(2) Section 9003(h) (42 U.S.C. 6991b(h)) is
amended in paragraphs (1), (2)(C), (7)(A), and (11)
by striking ‘‘Leaking Underground Storage Tank
Trust Fund’’ each place it appears and inserting
‘‘Trust Fund’’.
1131
(3) Section 9009 (42 U.S.C. 6991h) is
amended—
(A) 
in 
subsection 
(a), 
by 
striking
‘‘9001(2)(B)’’ and inserting ‘‘9001(7)(B)’’; and
(B) in subsection (d), by striking ‘‘section
9001(1) (A) and (B)’’ and inserting ‘‘subpara-
graphs (A) and (B) of section 9001(10)’’.
SEC. 1533. TECHNICAL AMENDMENTS.
The Solid Waste Disposal Act is amended as follows:
(1) Section 9001(4)(A) (42 U.S.C. 6991(4)(A))
is amended by striking ‘‘sustances’’ and inserting
‘‘substances’’.
(2) Section 9003(f)(1) (42 U.S.C. 6991b(f)(1))
is amended by striking ‘‘subsection (c) and (d) of
this section’’ and inserting ‘‘subsections (c) and
(d)’’.
(3) Section 9004(a) (42 U.S.C. 6991c(a)) is
amended by striking ‘‘in 9001(2) (A) or (B) or
both’’ and inserting ‘‘in subparagraph (A) or (B) of
section 9001(7)’’.
(4) Section 9005 (42 U.S.C. 6991d) is
amended—
(A) in subsection (a), by striking ‘‘study
taking’’ and inserting ‘‘study, taking’’;
1132
(B) in subsection (b)(1), by striking
‘‘relevent’’ and inserting ‘‘relevant’’; and
(C) in subsection (b)(4), by striking
‘‘Evironmental’’ 
and 
inserting 
‘‘Environ-
mental’’.
TITLE XVI—STUDIES
SEC. 1601. STUDY ON INVENTORY OF PETROLEUM AND
NATURAL GAS STORAGE.
(a) DEFINITION.—For purposes of this section ‘‘pe-
troleum’’ means crude oil, motor gasoline, jet fuel, dis-
tillates, and propane.
(b) STUDY.—The Secretary of Energy shall conduct
a study on petroleum and natural gas storage capacity and
operational inventory levels, nationwide and by major geo-
graphical regions.
(c) CONTENTS.—The study shall address—
(1) historical normal ranges for petroleum and
natural gas inventory levels;
(2) historical and projected storage capacity
trends;
(3) estimated operation inventory levels below
which outages, delivery slowdown, rationing, inter-
ruptions in service, or other indicators of shortage
begin to appear;
1133
(4) explanations for inventory levels dropping
below normal ranges; and
(5) the ability of industry to meet United
States demand for petroleum and natural gas with-
out shortages or price spikes, when inventory levels
are below normal ranges.
(d) REPORT TO CONGRESS.—Not later than 1 year
after the date of enactment of this Act, the Secretary of
Energy shall submit a report to Congress on the results
of the study, including findings and any recommendations
for preventing future supply shortages.
SEC. 1602. NATURAL GAS SUPPLY SHORTAGE REPORT.
(a) REPORT.—Not later than 6 months after the date
of enactment of this Act, the Secretary of Energy shall
submit to Congress a report on natural gas supplies and
demand. In preparing the report, the Secretary shall con-
sult with experts in natural gas supply and demand as
well as representatives of State and local units of govern-
ment, tribal organizations, and consumer and other orga-
nizations. As the Secretary deems advisable, the Secretary
may hold public hearings and provide other opportunities
for public comment. The report shall contain recommenda-
tions for Federal actions that, if implemented, will result
in a balance between natural gas supply and demand at
a level that will ensure, to the maximum extent prac-
1134
ticable, achievement of the objectives established in sub-
section (b).
(b) OBJECTIVES OF REPORT.—In preparing the re-
port, the Secretary shall seek to develop a series of rec-
ommendations that will result in a balance between nat-
ural gas supply and demand adequate to—
(1) provide residential consumers with natural
gas at reasonable and stable prices;
(2) accommodate long-term maintenance and
growth of domestic natural gas-dependent industrial,
manufacturing, and commercial enterprises;
(3) facilitate the attainment of national ambient
air quality standards under the Clean Air Act;
(4) permit continued progress in reducing emis-
sions associated with electric power generation; and
(5) support development of the preliminary
phases of hydrogen-based energy technologies.
(c) CONTENTS OF REPORT.—The report shall provide
a comprehensive analysis of natural gas supply and de-
mand in the United States for the period from 2004 to
2015. The analysis shall include, at a minimum—
(1) estimates of annual domestic demand for
natural gas that take into account the effect of Fed-
eral policies and actions that are likely to increase
and decrease demand for natural gas;
1135
(2) projections of annual natural gas supplies,
from domestic and foreign sources, under existing
Federal policies;
(3) an identification of estimated natural gas
supplies that are not available under existing Fed-
eral policies;
(4) scenarios for decreasing natural gas demand
and increasing natural gas supplies comparing rel-
ative economic and environmental impacts of Fed-
eral policies that—
(A) encourage or require the use of natural
gas to meet air quality, carbon dioxide emission
reduction, or energy security goals;
(B) encourage or require the use of energy
sources other than natural gas, including coal,
nuclear, and renewable sources;
(C) support technologies to develop alter-
native sources of natural gas and synthetic gas,
including coal gasification technologies;
(D) encourage or require the use of energy
conservation and demand side management
practices; and
(E) affect access to domestic natural gas
supplies; and
1136
(5) recommendations for Federal actions to
achieve the objectives of the report, including rec-
ommendations that—
(A) encourage or require the use of energy
sources other than natural gas, including coal,
nuclear, and renewable sources;
(B) encourage or require the use of energy
conservation or demand side management prac-
tices;
(C) support technologies for the develop-
ment of alternative sources of natural gas and
synthetic gas, including coal gasification tech-
nologies; and
(D) will improve access to domestic natural
gas supplies.
SEC. 1603. SPLIT-ESTATE FEDERAL OIL AND GAS LEASING
AND DEVELOPMENT PRACTICES.
(a) REVIEW.—In consultation with affected private
surface owners, oil and gas industry, and other interested
parties, the Secretary of the Interior shall undertake a re-
view of the current policies and practices with respect to
management of Federal subsurface oil and gas develop-
ment activities and their effects on the privately owned
surface. This review shall include—
1137
(1) a comparison of the rights and responsibil-
ities under existing mineral and land law for the
owner of a Federal mineral lease, the private surface
owners and the Department;
(2) a comparison of the surface owner consent
provisions in section 714 of the Surface Mining Con-
trol and Reclamation Act of 1977 (30 U.S.C. 1304)
concerning surface mining of Federal coal deposits
and the surface owner consent provisions for oil and
gas development, including coalbed methane produc-
tion; and
(3) recommendations for administrative or leg-
islative action necessary to facilitate reasonable ac-
cess for Federal oil and gas activities while address-
ing surface owner concerns and minimizing impacts
to private surface.
(b) REPORT.—The Secretary of the Interior shall re-
port the results of such review to Congress not later than
180 days after the date of enactment of this Act.
SEC. 1604. RESOLUTION OF FEDERAL RESOURCE DEVELOP-
MENT CONFLICTS IN THE POWDER RIVER
BASIN.
The Secretary of the Interior shall—
(1) undertake a review of existing authorities to
resolve conflicts between the development of Federal
1138
coal and the development of Federal and non-Fed-
eral coalbed methane in the Powder River Basin in
Wyoming and Montana; and
(2) not later than 6 months after the date of
enactment of this Act, report to Congress on alter-
natives to resolve these conflicts and identification of
a preferred alternative with specific legislative lan-
guage, if any, required to implement the preferred
alternative.
SEC. 1605. STUDY OF ENERGY EFFICIENCY STANDARDS.
The Secretary of Energy shall contract with the Na-
tional Academy of Sciences for a study, to be completed
within 1 year after the date of enactment of this Act, to
examine whether the goals of energy efficiency standards
are best served by measurement of energy consumed, and
efficiency improvements, at the actual site of energy con-
sumption, or through the full fuel cycle, beginning at the
source of energy production. The Secretary shall submit
the report to Congress.
SEC. 1606. TELECOMMUTING STUDY.
(a) STUDY REQUIRED.—The Secretary, in consulta-
tion with the Commission, the Director of the Office of
Personnel Management, the Administrator of General
Services, and the Administrator of NTIA, shall conduct
a study of the energy conservation implications of the
1139
widespread adoption of telecommuting by Federal employ-
ees in the United States.
(b) REQUIRED SUBJECTS OF STUDY.—The study re-
quired by subsection (a) shall analyze the following sub-
jects in relation to the energy saving potential of telecom-
muting by Federal employees:
(1) Reductions of energy use and energy costs
in commuting and regular office heating, cooling,
and other operations.
(2) Other energy reductions accomplished by
telecommuting.
(3) Existing regulatory barriers that hamper
telecommuting, including barriers to broadband tele-
communications services deployment.
(4) Collateral benefits to the environment, fam-
ily life, and other values.
(c) REPORT REQUIRED.—The Secretary shall submit
to the President and Congress a report on the study re-
quired by this section not later than 6 months after the
date of enactment of this Act. Such report shall include
a description of the results of the analysis of each of the
subject described in subsection (b).
(d) DEFINITIONS.—As used in this section:
(1) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Energy.