520
this title become warranted, 50 percent of the
amount necessary for the sum of such adjustments
and refunds may be paid from the Royalties Con-
servation Fund.
(d) AVAILABILITY.—Moneys covered into the ac-
counts established by this section—
(1) shall be available for expenditure only to the
extent appropriated therefor;
(2) may be appropriated without fiscal-year lim-
itation; and
(3) may be obligated or expended only as pro-
vided in this section.
TITLE 
VI—CONSERVATION 
OF
ENERGY 
BY 
THE 
DEPART-
MENT OF THE INTERIOR
SEC. 6601. ENERGY CONSERVATION BY THE DEPARTMENT
OF THE INTERIOR.
(a) IN GENERAL.—The Secretary of the Interior
shall—
(1) conduct a study to identify, evaluate, and
recommend opportunities for conserving energy by
reducing the amount of energy used by facilities of
the Department of the Interior; and
(2) wherever feasible and appropriate, reduce
the use of energy from traditional sources by encour-
521
aging use of alternative energy sources, including
solar power and power from fuel cells, throughout
such facilities and the public lands of the United
States.
(b) REPORTS.—The Secretary shall submit to the
Congress—
(1) by not later than 90 days after the date of
the enactment of this Act, a report containing the
findings, conclusions, and recommendations of the
study under subsection (a)(1); and
(2) by not later than December 31 each year,
an annual report describing progress made in—
(A) conserving energy through opportuni-
ties recommended in the report under para-
graph (1); and
(B) encouraging use of alternative energy
sources under subsection (a)(2).
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 amend-
ed by inserting ‘‘energy products, and energy by-prod-
ucts,’’ after ‘‘printing,’’.
522
TITLE VII—COAL
SEC. 6701. LIMITATION ON FEES WITH RESPECT TO COAL
LEASE APPLICATIONS AND DOCUMENTS.
Notwithstanding sections 304 and 504 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C.
1734, 1764) and section 9701 of title 31, United States
Code, the Secretary shall not recover the Secretary’s costs
with respect to applications and other documents relating
coal leases.
SEC. 6702. MINING PLANS.
Section 2(d)(2) of the Mineral Leasing Act (30
U.S.C. 202a(2)) is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(2)’’; and
(2) by adding at the end the following:
‘‘(B) The Secretary may establish a period of more
than 40 years if the Secretary determines that the longer
period—
‘‘(i) will ensure the maximum economic recovery
of a coal deposit; or
‘‘(ii) the longer period is in the interest of the
orderly, efficient, or economic development of a coal
resources.’’.
523
SEC. 6703. PAYMENT OF ADVANCE ROYALTIES UNDER COAL
LEASES.
(a) IN GENERAL.—Section 7(b) of the Mineral Leas-
ing Act of 1920 (30 U.S.C. 207(b)) is amended to read
as follows:
‘‘(b)(1) Each lease shall be subjected to the condition
of diligent development and continued operation of the
mine or mines, except where operations under the lease
are interrupted by strikes, the elements, or casualties not
attributable to the lessee.
‘‘(2)(A) The Secretary of the Interior, upon deter-
mining that the public interest will be served thereby, may
suspend the condition of continued operation upon the
payment of advance royalties.
‘‘(B) Such advance royalties shall be computed based
on the average price for coal sold in the spot market from
the same region during the last month of each applicable
continued operation year.
‘‘(C) The aggregate number of years during the ini-
tial and any extended term of any lease for which advance
royalties may be accepted in lieu of the condition of contin-
ued operation shall not exceed 20.
‘‘(3) The amount of any production royalty paid for
any year shall be reduced (but not below zero) by the
amount of any advance royalties paid under such lease to
524
the extent that such advance royalties have not been used
to reduce production royalties for a prior year.
‘‘(4) This subsection shall be applicable to any lease
or logical mining unit in existence on the date of the enact-
ment of this paragraph or issued or approved after such
date.
‘‘(5) Nothing in this subsection shall be construed to
affect the requirement contained in the second sentence
of subsection (a) relating to commencement of production
at the end of 10 years.’’.
(b) AUTHORITY TO WAIVE, SUSPEND, OR REDUCE
ADVANCE ROYALTIES.—Section 39 of the Mineral Leas-
ing Act (30 U.S.C. 209) is amended by striking the last
sentence.
SEC. 6704. ELIMINATION OF DEADLINE FOR SUBMISSION
OF COAL LEASE OPERATION AND RECLAMA-
TION PLAN.
Section 7(c) of the Mineral Leasing Act (30 U.S.C.
207(c)) is amended by striking ‘‘and not later than three
years after a lease is issued,’’.
TITLE VIII—INSULAR AREAS
ENERGY SECURITY
SEC. 6801. INSULAR AREAS ENERGY SECURITY.
Section 604 of the Act entitled ‘‘An Act to authorize
appropriations for certain insular areas of the United
525
States, and for other purposes’’, approved December 24,
1980 (Public Law 96–597; 94 Stat. 3480–3481), is
amended—
(1) in subsection (a)(4) by striking the period
and inserting a semicolon;
(2) by adding at the end of subsection (a) the
following new paragraphs:
‘‘(5) electric power transmission and distribu-
tion lines in insular areas are inadequate to with-
stand damage caused by the hurricanes and ty-
phoons which frequently occur in insular areas and
such damage often costs millions of dollars to repair;
and
‘‘(6) the refinement of renewable energy tech-
nologies since the publication of the 1982 Territorial
Energy Assessment prepared pursuant to subsection
(c) reveals the need to reassess the state of energy
production, consumption, infrastructure, reliance on
imported energy, and indigenous sources in regard
to the insular areas.’’;
(3) by amending subsection (e) to read as fol-
lows:
‘‘(e)(1) The Secretary of the Interior, in consultation
with the Secretary of Energy and the chief executive offi-
526
cer of each insular area, shall update the plans required
under subsection (c) by—
‘‘(A) updating the contents required by sub-
section (c);
‘‘(B) drafting long-term energy plans for such
insular areas with the objective of reducing, to the
extent feasible, their reliance on energy imports by
the year 2010 and maximizing, to the extent fea-
sible, use of indigenous energy sources; and
‘‘(C) drafting long-term energy transmission
line plans for such insular areas with the objective
that the maximum percentage feasible of electric
power transmission and distribution lines in each in-
sular area be protected from damage caused by hur-
ricanes and typhoons.
‘‘(2) Not later than May 31, 2003, the Secretary of
the Interior shall submit to Congress the updated plans
for each insular area required by this subsection.’’; and
(4) by amending subsection (g)(4) to read as
follows:
‘‘(4) 
POWER
LINE
GRANTS
FOR
TERRI-
TORIES.—
‘‘(A) IN GENERAL.—The Secretary of the
Interior is authorized to make grants to govern-
ments of territories of the United States to
527
carry out eligible projects to protect electric
power transmission and distribution lines in
such territories from damage caused by hurri-
canes and typhoons.
‘‘(B) ELIGIBLE PROJECTS.—The Secretary
may award grants under subparagraph (A) only
to governments of territories of the United
States that submit written project plans to the
Secretary for projects that meet the following
criteria:
‘‘(i) The project is designed to protect
electric power transmission and distribu-
tion lines located in one or more of the ter-
ritories of the United States from damage
caused by hurricanes and typhoons.
‘‘(ii) The project is likely to substan-
tially reduce the risk of future damage,
hardship, loss, or suffering.
‘‘(iii) The project addresses one or
more problems that have been repetitive or
that pose a significant risk to public health
and safety.
‘‘(iv) The project is not likely to cost
more than the value of the reduction in di-
rect damage and other negative impacts
528
that the project is designed to prevent or
mitigate. The cost benefit analysis required
by this criterion shall be computed on a
net present value basis.
‘‘(v) The project design has taken into
consideration long-term changes to the
areas and persons it is designed to protect
and has manageable future maintenance
and modification requirements.
‘‘(vi) The project plan includes an
analysis of a range of options to address
the problem it is designed to prevent or
mitigate and a justification for the selec-
tion of the project in light of that analysis.
‘‘(vii) The applicant has demonstrated
to the Secretary that the matching funds
required by subparagraph (D) are avail-
able.
‘‘(C) PRIORITY.—When making grants
under this paragraph, the Secretary shall give
priority to grants for projects which are likely
to—
‘‘(i) have the greatest impact on re-
ducing future disaster losses; and
529
‘‘(ii) best conform with plans that
have been approved by the Federal Govern-
ment or the government of the territory
where the project is to be carried out for
development or hazard mitigation for that
territory.
‘‘(D) 
MATCHING
REQUIREMENT.—The
Federal share of the cost for a project for which
a grant is provided under this paragraph shall
not exceed 75 percent of the total cost of that
project. The non-Federal share of the cost may
be provided in the form of cash or services.
‘‘(E) TREATMENT OF FUNDS FOR CERTAIN
PURPOSES.—Grants provided under this para-
graph shall not be considered as income, a re-
source, or a duplicative program when deter-
mining eligibility or benefit levels for Federal
major disaster and emergency assistance.
‘‘(F) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There is authorized to be appropriated
to carry out this paragraph $5,000,000 for each
fiscal year beginning after the date of the en-
actment of this paragraph.’’.
530
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).
Passed the House of Representatives August 2 (leg-
islative day, August 1), 2001.
Attest:
Clerk.
107TH CONGRESS
1ST SESSION
H. R. 4
AN ACT
To enhance energy conservation, research and de-
velopment and to provide for security and diver-
sity in the energy supply for the American peo-
ple, and for other purposes.