Energy Act of 2000
PL 106-469 (H.R.2884), enacted 11/09/2000

PUBLIC LAW 106-469—NOV. 9, 2000 
114 STAT. 2029 
Public Law 106-469 
106th Congress 
An Act 
To extend energy conservation programs under the Energy Policy and Conservation 
Act through fiscal year 2003. 
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 "Energy Act of 2000". 
TITLE I—STRATEGIC PETROLEUM 
RESERVE 
SEC. 101. SHORT TITLE. 
This title may be cited as the "Energy Policy and Conservation 
Act Amendments of 2000". 
SEC. 102. AMENDMENT TO SECTION 2 OF THE ENERGY POLICY AND 
CONSERVATION ACT. 
Section 2 of the Energy Policy and Conservation Act (42 U.S.C. 
6201) is amended— 
(1) in paragraph (1) by striking "standby" and ", subject 
to congressional review, to impose rationing, to reduce demand 
for energy through the implementation of energy conservation 
plans, and"; and 
(2) by striking paragraphs (3) and (6). 
SEC. 103. AMENDMENT TO TITLE I OF THE ENERGY POLICY AND CON-
SERVATION ACT. 
Title I of the Energy Policy and Conservation Act (42 U.S.C. 
6211-6251) is amended— 
(1) by striking section 102 (42 U.S.C. 6211) and its heading; 
(2) by striking section 104(b)(1); 
(3) by striking section 106 (42 U.S.C. 6214) and its heading; 
(4) by amending section 151(b) (42 U.S.C. 6231) to read 
as follows: 
"(b) It is the policy of the United States to provide for the 
creation of a Strategic Petroleum Reserve for the storage of up 
to 1 billion barrels of petroleum products to reduce the impact 
of disruptions in supplies of petroleum products, to carry out obliga-
tions of the United States under the international energy program, 
and for other purposes as provided for in this Act."; 
(5) in section 152 (42 U.S.C. 6232)— 
(A) by striking paragraphs (1), (3), and (7); and 
Nov. 9,2000 
[H.R. 2884] 
Energy Act of 
2000. 
42 use 6201 
note. 
erey. 
and Consei'vation 
Act Amendments 
of2000. 
42 use 6201 
note. 
50 use app. 
2071 note. 
114 STAT. 2030 
PUBLIC LAW 106-469—NOV. 9, 2000 
(B) in paragraph (11) by striking "; such term includes 
the Industrial Petroleum Reserve, the Early Storage 
Reserve, and the Regional Petroleum Reserve". 
(6) by striking section 153 (42 U.S.C. 6233) and its heading; 
(7) in section 154 (42 U.S.C. 6234)— 
(A) by amending subsection (a) to read as follows: 
"(a) A Strategic Petroleum Reserve for the storage of up to 
1 billion barrels of petroleum products shall be created pursusint 
to this part."; 
(B) by amending subsection (b) to read as follows: 
"(b) The Secretary, in accordance with this part, shall exercise 
authority over the development, operation, and maintenance of 
the Reserve."; and 
(C) by striking subsections (c), (d), and (e); 
(8) by striking section 155 (42 U.S.C. 6235) and its heading; 
(9) by striking section 156 (42 U.S.C. 6236) and its heading; 
(10) by striking section 157 (42 U.S.C. 6237) and its 
heading; 
(11) by striking section 158 (42 U.S.C. 6238) and its 
heading; 
(12) by amending the heading for section 159 (42 U.S.C. 
6239) to read, "Development, Operation, and Maintenance of 
(13) in section 159 (42 U.S.C. 6239)— 
(A) by striking subsections (a), (b), (c), (d), and (e); 
(B) by amending subsection (f) to read as follows: 
"(f) In order to develop, operate, or maintain the Strategic 
Petroleum Reserve, the Secretary may— 
"(1) issue rules, regulations, or orders; 
"(2) acquire by purchase, condemnation, or otherwise, land 
or interests in land for the location of storage and related 
facilities; 
"(3) construct, purchase, lease, or otherwise acquire storage 
and related facilities; 
"(4) use, lease, maintedn, sell or otherwise dispose of land 
or interests in land, or of storage and related facilities acquired 
under this part, under such terms and conditions as the Sec-
retary considers necessary or appropriate; 
"(5) acquire, subject to the provisions of section 160, by 
purchase, exchange, or otherwise, petroleum products for stor-
age in the Strategic Petroleum Reserve; 
"(6) store petroleum products in storage facilities owned 
and controlled by the United States or in storage facilities 
owned by others if those facilities are subject to audit by the 
United States; 
"(7) execute any contracts necessary to develop, operate, 
or maintain the Strategic Petroleum Reserve; 
"(8) bring an action, when the Secretary considers it nec-
essary, in any court having jurisdiction over the proceedings, 
to acquire by condemnation any real or personal property, 
including facilities, temporary use of facilities, or other interests 
in land, together with any personal property located on or 
used with the land."; and 
(C) in subsection (g)— 
(i) by striking "implementation" and inserting 
"development"; and 
(ii) by striking "Plan"; 
PUBLIC LAW 106-469—NOV. 9, 2000 
114 STAT. 2031 
(D) by striking subsections (h) and (i); 
(E) by amending subsection (j) to read as follows: 
"(j) If the Secretary determines expansion beyond 700,000,000 
barrels of petroleum product inventory is appropriate, the Secretary 
shall submit a plan for expansion to the Congress."; and 
(F) by amending subsection (1) to read as follows: 
"(1) During a drawdown and sale of Strategic Petroleum Reserve 
petroleum products, the Secretary may issue implementing rules, 
regulations, or orders in accordance with section 553 of title 5, 
United States Code, without regard to rulemaking requirements 
in section 523 of this Act, and section 501 of the Department 
of Energy Organization Act (42 U.S.C. 7191)."; 
(14) in section 160 (42 U.S.C. 6240)— 
(A) in subsection (a), by striking all before the dash 
and inserting the following— 
"(a) The Secretary may acquire, place in storage, transport, 
or exchange"; 
(B) in subsection (a)(1) by striking all after "Federal 
lands"; 
(C) in subsection (b), by striking ", including the Early 
Storage Reserve and the Regional Petroleum Reserve" and 
by striking paragraph (2); and 
(D) by striking subsections (c), (d), (e), and (g); 
(15) in section 161 (42 U.S.C. 6241)— 
(A) by striking "Distribution of the Reserve" in the 
title of this section and inserting "Sale of Petroleum Prod-
ucts"; 
(B) in subsection (a), by striking "drawdown and dis-
tribute" and inserting "drawdown and sell petroleum prod-
ucts in"; 
(C) by striking subsections (b), (c), and (f); 
(D) by amending subsection ((i)(l) to read as follows: 
"(d)(1) Drawdown and sale of petroleum products from the 
Strategic Petroleiim Reserve may not be made unless the President 
has found drawdown and sale are required by a severe energy 
supply interruption or by obligations of the United States under 
the international energy program."; 
(E) by amending subsection (e) to read as follows: 
"(e)(1) The Secretary shall sell petroleum products withdrawn 
from the Strategic Petroleum Reserve at public sale to the highest 
qualified bidder in the simounts, for the period, and after a notice 
of sale considered appropriate by the Secretary, and without regard 
to Federal, State, or local regulations controlling sales of petroleum 
products. 
"(2) The Secretary may cancel in whole or in part any offer 
to sell petroleum products as part of any drawdown and sale under 
this section."; eind 
(F) in subsection (g)— 
(i) by amending paragraph (1) to read as follows: 
"(g)(1) The Secretary shall conduct a continuing evaluation 
of the drawdown and seiles procedures. In the conduct of an evalua-
tion, the Secretary is authorized to carry out a test drawdown 
and sale or exchange of petroleum products from the Reserve. 
Such a test drawdown and S£Je or exchange may not exceed 
5,000,000 barrels of petroleum products."; 
(ii) by striking paragraph (2); 
114 STAT. 2032 
PUBLIC LAW 106-469—NOV. 9, 2000 
(iii) in paragraph (4), by striking "90" and inserting 
"95"; 
(iv) in paragraph (5), by striking "drawdown and 
distribution" and inserting "test"; 
(v) by amending paragraph (6) to read as follows: 
"(6) In the case of a sale of any petroleum products under 
this subsection, the Secretary shall, to the extent funds are 
available in the SPR Petroleum Account as a result of such 
sale, acquire petroleum products for the Reserve within the 
12-month period beginning after completion of the sale."; and 
(vi) in paragraph (8), by striking "drawdown and 
distribution" and inserting "test"; 
(G) in subsection (h)— 
(i) in paragraph (1) by striking "distribute" and 
inserting "sell petroleum products from"; 
(ii) by striking "and" at the end of paragraph (1)(A) 
and by striking "shortage," at the end of paragraph 
(1)(B) and inserting "shortage; and 
"(C) the Secretary of Defense has found that action 
taken under this subsection will not impair national secu-
rity,"; 
(iii) in paragraph (2) by striking "In no case may 
the Reserve" and inserting "Petroleum products from 
the Reserve may not"; and 
(iv) in paragraph (3) by striking "distribution" each 
time it appears and inserting "sale"; 
(16) by striking section 164 (42 U.S.C. 6244) and its 
heading; 
(17) by amending section 165 (42 U.S.C. 6245) and its 
heading to read as follows: 
"ANNUAL REPORT 
"SEC. 165. The Secretary shall report annually to the President 
and the Congress on actions taken to implement this part. This 
report shall include— 
"(1) the status of the physical capacity of the Reserve 
and the type and quantity of petroleum products in the Reserve; 
"(2) an estimate of the schedule and cost to complete 
planned equipment upgrade or capital investment in the 
Reserve, including upgrades and investments carried out as 
part of operational maintenance or extension of life activities; 
"(3) an identification of any life-limiting conditions or oper-
ational problems at any Reserve facility, emd proposed remedial 
actions including an estimate of the schedule and cost of imple-
menting those remedial actions; 
"(4) a description of current withdrawal and distribution 
rates and capabilities, and an identification of any operational 
or other limitations on those rates and capabilities; 
"(5) a listing of petroleum product acquisitions made in 
the preceding year and planned in the following year, including 
quantity, price, and type of petroleum; 
"(6) a summary of the actions taken to develop, operate, 
and maintain the Reserve; 
"(7) a summary of the financial status and financial trans-
actions of the Strategic Petroleum Reserve and Strategic Petro-
leum Reserve Petroleum Accounts for the year; 
PUBLIC LAW 106-469—NOV. 9, 2000 
114 STAT. 2033 
"(8) a summary of expenses for the year, and the number 
of Federal and contractor employees; 
"(9) the status of contracts for development, operation, 
maintenance, distribution, and other activities related to the 
implementation of this part; 
"(10) a summary of foreign oil storage agreements and 
their implementation status; 
"(11) any recommendations for supplemental legislation or 
policy or operational changes the Secretary considers necessary 
or appropriate to implement this part."; 
(18) in section 166 (42 U.S.C. 6246) by striking "for fiscal 
year 1997."; 
(19) in section 167 (42 U.S.C. 6247)— 
(A) in subsection (b)— 
(i) by striking "and the drawdown" and inserting 
"for test sales of petroleum products from the Reserve, 
and for the drawdown, s£ile,"; 
(ii) by striking paragraph (1); and 
(iii) in paragraph (2), by striking "after fiscal year 
1982"; and 
(B) by striking subsection (e); 
(20) in section 171 (42 U.S.C, 6249)— 
(A) by amending subsection (b)(2)(B) to read as follows: 
"(B) the Secretary notifies each House of the Congress 
of the determination £ind identifies in the notification the 
location, t3rpe, and ownership of storage and related facili-
ties proposed to be included, or the volume, type, and 
ownership of petroleum products proposed to be stored, 
in the Reserve, and an estimate of the proposed benefits."; 
(B) in subsection (b)(3), by striking "distribution of" 
and inserting "sale of petroleum products fi*om"; 
(21) in section 172 (42 U.S.C. 6249a), by striking sub-
sections (a) and (b); 
(22) by striking section 173 (42 U.S.C. 6249b) and its 
heading; and 
(23) in section 181 (42 U.S.C. 6251), by striking "March 
31, 2000" each time it appears and inserting "September 30, 
2003". 
SEC. 104. AMENDMENT TO TITLE II OF THE ENERGY POLICY AND CON-
SERVATION ACT. 
Title II of the Energy PoHcy and Conservation Act (42 U.S.C. 
6211-6251) is amended— 
(1) by striking part A (42 U.S.C. 6261 through 6264) and 
its heading; 
(2) by adding at the end of section 256(h), "There are 42 use 6276. 
authorized to be appropriated for fiscal years 2000 through 
2003, such sums as may be necessary.". 
(3) by striking part C (42 U.S.C. 6281 through 6282) and 
its heading; and 
(4) in section 281 (42 U.S.C. 6285), by striking "March 
31, 2000" each time it appears and inserting "September 30, 
2003". 
SEC. 105. CLERICAL AMENDMENTS. 
The table of contents for the Energy Policy gind Conservation 
Act is amended— 
114 STAT. 2034 
PUBLIC LAW 106-469—NOV. 9, 2000 
(1) by striking the items relating to sections 102, 106, 
153, 155, 156,157, 158, and 164; 
(2) by amending the item relating to section 159 to read 
as follows: "Development, Operation, and Maintenance of the 
Reserve."; 
(3) by amending the item relating to section 161 to read 
as follows: "Drawdown and Sale of Petroleum Products"; and 
(4) by amending the item relating to section 165 to read 
as follows: "Annual Report". 
TITLE II—HEATING OIL RESERVE 
SEC. 201. NORTHEAST HOME HEATING OIL RESERVE. 
(a) Title I of the Energy Policy and Conservation Act is amended 
by— 
(1) redesignating part D as part E; 
42 use 6251. 
(2) redesignating section 181 as section 191; and 
(3) inserting after part C the following new part D: 
"PART D—NORTHEAST HOME HEATING OIL RESERVE 
"ESTABLISHMENT 
42 use 6250. 
"SEC. 181. (a) Notwithstanding any other provision of this Act, 
the Secretary may establish, maintain, and operate in the Northeast 
a Northeast Home Heating Oil Reserve. A Reserve established 
under this part is not a component of the Strategic Petroleum 
Reserve established under part B of this title. A Reserve established 
under this part shall contain no more than 2 million barrels of 
petroleum distillate. 
"(b) For the purposes of this part— 
"(1) the term 'Northeast' means the States of Maine, New 
Hampshire, Vermont, 
Massachusetts, 
Connecticut, 
Rhode 
Island, New York, Pennsylvania, and New Jersey; 
"(2) the term 'petroleum distillate' includes heating oil and 
diesel fiiel; and 
"(3) the term 'Reserve' means the Northeast Home Heating 
Oil Reserve established under this part. 
"AUTHORITY 
42 use 6250a. 
"SEC. 182. To the extent necessary or appropriate to carry 
out this part, the Secretary may— 
"(1) purchase, contract for, lease, or otherwise acquire, 
in whole or in part, storage and related facilities, and storage 
services; 
"(2) use, lease, maintain, sell, or otherwise dispose of stor-
age and related facilities acquired under this part; 
"(3) acquire by purchase, exchange (including exchange 
of petroleum products from the Strategic Petroleum Reserve 
or received as royalty from Federal lands), lease, or otherwise, 
petroleum distillate for storage in the Northeast Home Heating 
Oil Reserve; 
"(4) store petroleum distillate in facilities not owned by 
the United States; and 
"(5) sell, exchange, or otherwise dispose of petroleum dis-
tillate from the Reserve established under this part, including 
PUBLIC LAW 106-469—NOV. 9, 2000 
114 STAT. 2035 
to maintain the quality or quantity of the petroleum distillate 
in the Reserve or to maintain the operational capability of 
the Reserve. 
y 
"CONDITIONS FOR RELEASE; PLAN 
"SEC. 183. (a) FINDING.—The Secretary may sell products from 42 USC 62i50a. 
the Reserve only upon a finding by the President that there is 
a severe energy supply interruption. Such a finding may be made 
only if he determines that— 
"(1) a dislocation in the heating oil market has resulted 
from such interruption; or 
"(2) a circumstance, other than that described in paragraph 
(1), exists that constitutes a regioned supply shortage of signifi-
cant scope and duration and that action taken under this 
section would assist directly and significantly in reducing the 
adverse impact of such shortage. 
"(b) DEFINITION.—For purposes of this section a 'dislocation 
in the heating oil market' shall be deemed to occur only when— 
"(1) TTie price differential between crude oil, as reflected 
in an industry daily publication such as 'Piatt's Oilgram Price 
Report' or 'Oil Daily and No. 2 heating oil, as reported in 
the Energy Information Administration's retail price data for 
the Northeast, increases by more tan 60 percent over its 5 
year rolling average for the months of mid-October through 
March, and continues for 7 consecutive days; and 
"(2) The price differential continues to increase during the 
most recent week for which price information is available. 
"(c) CONTINUING EVALUATION.—The Secretary shall conduct a 
continuing evaluation of the residential price data supplied by the 
Energy Information Administration for the Northeast and data 
on crude oil prices from published sources. 
"(d) RELEASE OF PETROLEUM DISTILLATE.—After consultation 
with the heating oil industry, the Secretary shall determine proce-
dures governing the release of petroleum distillate from the Reserve. 
The procedures shall provide that— 
"(1) the Secretary may— 
"(A) sell petroleum distillate from the Reserve through 
a competitive process, or 
"(B) enter into exchange agreements for the petroleum 
distillate that results in the Secretary receiving a greater 
volume of petroleum distillate as repa3anent than the 
volume provided to the acquirer; 
"(2) in all such sales or excheinges, the Secretary shall 
receive revenue or its equivalent in petroleum distillate that 
provides the Department with fair market value. At no time 
may the oil be sold or exchanged resulting in a loss of revenue 
or value to the United States; and 
"(3) the Secretary shall only sell or dispose of the oil in 
the Reserve to entities customarily engaged in the sale and 
distribution of petroleum distillate. 
"(e) PLAN.—^Within 45 days of the date of the enactment of Deadline. 
this section, the Secretary shall transmit to the President and, 
if the President approves, to the Congress a plein describing— 
"(1) the acquisition of storage and related facilities or stor-
age services for the Reserve, including the potential use of 
storage facilities not currently in use; 
114 STAT. 2036 
PUBLIC LAW 106-469—NOV. 9, 2000 
"(2) the acquisition of petroleum distillate for storage in 
the Reserve; 
"(3) the emticipated methods of disposition of petroleum 
distillate from the Reserve; 
"(4) the estimated costs of establishment, maintenance, 
and operation of the Reserve; 
"(5) efforts the Department will take to minimize any poten-
tial need for future drawdowns and ensure that distributors 
and importers are not discouraged from maintaining and 
increasing supplies to the Northeast; and 
"(6) actions to ensure quality of the petroleum distillate 
in the Reserve. 
"NORTHEAST HOME HEATING OIL RESERVE ACCOUNT 
42 use 6250c. 
"SEC. 184. (a) Upon a decision of the Secretary of Energy 
to establish a Reserve under this part, the Secretary of the Treasury 
shall establish in the Treasury of the United States an account 
known as the 'Northeast Home Heating Oil Reserve Account' 
(referred to in this section as the Account'). 
"(b) the Secretary of the Treasury shall deposit in the Account 
any amounts appropriated to the Account and any receipts from 
the sale, exchange, or other disposition of petroleum distillate from 
the Reserve. 
"(c) The Secretary of Energy may obligate amounts in the 
Account to carry out activities under this part without the need 
for further appropriation, and amounts available to the Secretary 
of E n e r ^ for obligation under this section shall remain available 
without nscal year limitation. 
"EXEMPTIONS 
42USC6250d. 
"SEC. 185. An action taken under this part is not subject 
to the rulemaking requirements of section 523 of this Act, section 
501 of the Department of Energy Organization Act, or section 
553 of title 5, United States Code. 
"AUTHORIZATION OF APPROPRIATIONS 
42USC6250e. 
"SEC. 186. There are authorized to be appropriated for fiscal 
years 2001, 2002, and 2003 such sums as may be necessary to 
implement this p£ut.". 
SEC. 202. USE OF ENERGY FUTURES FOR FUEL PURCHASES. 
(a) HEATING OIL STUDY.—^The Secretary shall conduct a study 
on— 
(1) the use of energy futures and options contracts to pro-
vide cost-effective protection from sudden surges in the price 
of heating oil (including No. 2 fuel oil, propane, and kerosene) 
for State and local government agencies, consumer cooperatives, 
and other organizations that purchase heating oil in bulk to 
market to end use consumers in the Northeast (as defined 
in section 201); and 
(2) how to most effectively inform organizations identified 
in paragraph (1) about the benefits and risks of using energy 
futures and options contracts. 
(b) REPORT.—The Secretary shall transmit the study required 
in this section to the Committee on Commerce of the House of 
Representatives and the Committee on Energy and Natural 
PUBLIC LAW 106-469—NOV. 9, 2000 
114 STAT. 2037 
Resources of the Senate not later than 180 days after the enactment 
of this section. The report shall contain a review of prior studies 
conducted on the subjects described in subsection (a). 
TITLE III—MARGINAL WELL 
PURCHASES 
SEC. 301. PURCHASE OF OIL FROM MARGINAL WELLS. 
(a) PURCHASE OF OIL FROM MARGINAL WELLS.—Part B of title 
I of the Energy Pohcy and Conservation Act (42 U.S.C. 6232 et 
seq.) is amended by adding the following new section after section 
168: 
"PURCHASE OF OIL FROM MARGINAL WELLS 
"SEC. 169. (a) IN GENERAL.—From amounts authorized under 
section 166, in any case in which the price of oil decreases to 
an amount less than $15.00 per barrel (an amount equal to the 
annual average well head price per barrel for all domestic crude 
oil), adjusted for inflation, the Secretary may purchase oil from 
a marginal well at $15.00 per barrel, adjusted for inflation. 
"(b) DEFINITION OF MARGINAL WELL.—The term 'marginal well' 
has the same meaning as the definition of 'stripper well property' 
in section 613A(c)(6)(E) of the Internal Revenue Code (26 U.S.C. 
613A(c)(6)(E)).". 
(b) CONFORMING AMENDMENT.—The table of contents for the 
Energy Policy and Conservation Act is amended by inserting after 
the item relating to section 168 the following: 
"Sec. 169. Purchase of oil from marginal wells.". 
TITLE IV—FEDERAL ENERGY 
MANAGEMENT 
SEC 
401. F E M P . 
Section 801 of the National Energy Conservation Policy Act 
(42 U.S.C. 8287(a)(2)(D)(iii), is amended by striking "$750,000" and 
inserting "$10,000,000". 
TITLE V—ALASKA STATE JURISDICTION 
OVER 
SMALL 
HYDROELECTRIC 
PROJECTS 
Deadline. 
42 u s e 6247b. 
SEC. 501. ALASKA STATE JURISDICTION OVER SMALL HYDROELECTRIC 
PROJECTS. 
Part "I of the Federal Power Act (16 U.S.C. 792 et seq.) is 
amended by adding at the end the following: 
"SEC. 32. ALASKA STATE JURISDICTION OVER SMALL HYDROELECTRIC 
PROJECTS. 
"(a) DISCONTINUANCE OF REGULATION BY THE COMMISSION.— 
NotwithstEinding sections 4(e) and 23(b), the Commission shall dis-
continue exercising licensing and regulatory authority under this 
16 u s e 823c. 
114 STAT. 2038 
PUBLIC LAW 106-469—NOV. 9, 2000 
part over qualifying project works in the State of Alaska, effective 
on the date on which the Commission certifies that the State 
of Alaska has in place a regulatory program for water-power 
development that— 
"(1) protects the public interest, the purposes listed in 
paragraph (2), and the environment to the SEime extent provided 
by licensing and regulation by the Commission under this part 
and other applicable Federal laws, including the Endangered 
Species Act (16 U.S.C. 1531 et seq.) and the Fish and Wildlife 
Coordination Act (16 U.S.C. 661 et seq.); 
"(2) gives equal consideration to the purposes of— 
"(A) energy conservation; 
"(B) the protection, mitigation of damage to, and 
enhancement of, fish and wildlife (including related 
spawning grounds and habitat); 
"(C) the protection of recreational opportunities; 
"(D) the preservation of other aspects of environmental 
quality; 
"(E) the interests of Alaska Natives; and 
"(F) other beneficial public uses, including irrigation, 
flood control, water supply, and navigation; and 
"(3) requires, as a condition of a license for any project 
works— 
"(A) the construction, maintenance, £ind operation by 
a licensee at its own expense of such lights and signals 
as may be directed by the Secretary of the Department 
in which the Coast Guard is operating, and such fishways 
as may be prescribed by the Secretary of the Interior or 
the Secretary of Commerce, as appropriate; 
"(B) the operation of any navigation facilities which 
may be constructed as part of £iny project to be controlled 
at all times by such reasonable rules and regulations as 
may be made by the Secretary of the Army; and 
"(C) conditions for the protection, mitigation, and 
enhancement of fish and wildlife based on recommenda-
tions received pursuant to the Fish and Wildlife Coordina-
tion Act (16 U.S.C. 661 et seq.) from the National Marine 
Fisheries Service, the United States Fish and Wildlife 
Service, and State fish and wildlife agencies. 
"(b) DEFINITION OF 'QUALIFYING PROJECT WORKS'.—For pur-
poses of this section, the term 'qualifying project works' means 
project works— 
"(1) that are not part of a project licensed under this 
part or exempted from licensing under this part or section 
405 of the Public Utility Regulatory Policies Act of 1978 prior 
to the date of the enactment of this section; 
"(2) for which a preliminary permit, a license application, 
or an appHcation for an exemption from licensing has not 
been accepted for filing by the Commission prior to the date 
of the enactment of subsection (c) (unless such application 
is withdrawn at the election of the applicant); 
"(3) that are part of a project that has a power production 
capacity of 5,000 kilowatts or less; 
"(4) that are located entirely within the boundaries of the 
State of Alaska; and 
"(5) that are not located in whole or in part on any Indian 
reservation, a conservation system unit (as defined in section 
PUBLIC LAW 106-469—NOV. 9, 2000 
114 STAT. 2039 
102(4) of the Alaska National Interest Lands Conservation 
Act (16 U.S.C. 3102(4))), or segment of a river designated 
for study for addition to the Wild and Scenic Rivers System. 
"(c) ELECTION OF STATE LICENSING.—In the case of nonquali-
fying project works that would be a qualifying project works but 
for the fact that the project has been licensed (or exempted from 
licensing) by the Commission prior to the enactment of this section, 
the licensee of such project may in its discretion elect to make 
the project subject to licensing and regulation by the State of 
Alaska under this section. 
"(d) PROJECT WORKS ON FEDERAL LANDS.—With respect to 
projects located in whole or in part on a reservation, a conservation 
system unit, or the public lands, a State license or exemption 
from licensing shall be subject to— 
"(1) the approval of the Secretary having jurisdiction over 
such lands; and 
"(2) such conditions as the Secretary may prescribe. 
"(e) CONSULTATION WITH AFFECTED AGENCIES.—The Commis-
sion shall consult with the Secretary of the Interior, the Secretary 
of Agriculture, and the Secretary of Commerce before certifying 
the State of Alaska's regulatory program. 
"(f) APPLICATION OF FEDERAL LAWS.—Nothing in this section 
shall preempt the application of Federal environmental, natural 
resources, or cultural resources protection laws according to their 
terms. 
"(g) OVERSIGHT BY THE COMMISSION.—The State of Alaska shall 
notify the Commission not later than 30 days after making any 
significant modification to its regulatory program. The Commission 
shall periodically review the State's program to ensure compliance 
with the provisions of this section. 
"(h) 
RESUMPTION 
OF 
COMMISSION 
AUTHORITY.—Notwith-
standing subsection (a), the Commission shall reassert its licensing 
and regulatory authority under this part if the Commission finds 
that the State of Alaska has not complied with one or more of 
the requirements of this section. 
"(i) DETERMINATION BY THE COMMISSION.—(1) Upon application Deadline. 
by the Governor of the State of Alaska, the Commission shall 
within 30 days commence a review of the State of Alaska's regu-
latory program for water-power development to determine whether 
it complies with the requirements of subsection (a). 
"(2) The Commission's review required by paragraph (1) shall 
be completed within 1 year of initiation, and the Commission shall 
within 30 days thereafter issue a final order determining whether 
or not the State of Alaska's regulatory program for water-power 
development complies with the requirements of subsection (a). 
"(3) If the Commission fails to issue a final order in accordance 
with paragraph (2) the State of Alaska's regulatory program for 
water-power development shall be deemed to be in compliance 
with subsection (a).". 
Notification. 
Deadline. 
Deadline. 
79-194 O - 00 - 33: QL 3 Part 3 
114 STAT. 2040 
PUBLIC LAW 106-469—NOV. 9, 2000 
TITLE VI—WEATHERIZATION, SUMMER 
FILL, 
HYDROELECTRIC 
LICENSING 
PROCEDURES, AND INVENTORY OF 
OIL AND GAS RESERVES 
SEC. 601. CHANGES IN WEATHERIZATION PROGRAM TO PROTECT LOW-
INCOME PERSONS. 
42 use 6863 
(a) The matter under the heading, "ENERGY CONSERVATION 
note. 
(INCLUDING TRANSFER OF FUNDS)" in title II of the Department 
of the Interior and Related Agencies Appropriations Act, 2000 (113 
Stat. 1535, 1501A-180), is amended by striking "grants:" and all 
that follows and inserting "grants.". 
(b) Section 415 of the Energy Conservation and Production 
Act (42 U.S.C. 6865) is amended— 
(1) in subsection (a)(1) by striking the first sentence; 
(2) in subsection (a)(2) by— 
(A) striking "(A)"; 
(B) striking "approve a State's application to waive 
the 40 percent requirement established in paragraph (1) 
if the State includes in its plan" and inserting "establish"; 
and, 
(C) striking subparagraph (B); 
(3) in subsection (c)(1) by— 
(A) striking "paragraphs (3) and (4)" and inserting 
"paragraph (3)"; 
(B) striking "$1,600" and inserting "$2,500"; 
(C) striking "and" at the end of subparagraph (C); 
(D) striking the period and inserting ", and" in subpara-
graph (D); and 
(E) inserting after subparagraph (D) the following new 
subparagraph: 
"(E) the cost of making heating and cooling modifica-
tions, including replacement"; 
(4) in subsection (c)(3) by— 
(A) striking "1991, the $1,600 per dwelling unit limita-
tion" and inserting "2000, the $2,500 per dwelling unit 
average"; 
(B) striking "limitation" and inserting "average" each 
time it appears; and 
(C) inserting "the" after "beginning of" in subparagraph 
(B); and 
(5) by striking subsection (c)(4). 
SEC. 602. SUMMER FILL AND FUEL BUDGETING PROGRAMS. 
(a) Part C of title II of the Energy Policy and Conservation 
Act (42 U.S.C. 6211 et seq.) is amended by adding at th6^ end 
the following: 
42 u s e 6283. 
"SEC. 273. SUMMER FILL AND FUEL BUDGETING PROGRAMS. 
"(a) DEFINITIONS.—In this section: 
"(1) BUDGET CONTRACT.—The term 'budget contract' means 
a contract between a retailer and a consumer under which 
the heating expenses of the consumer are spread evenly over 
a period of months. 
PUBLIC LAW 106-469—NOV. 9, 2000 
114 STAT. 2041 
"(2) FIXED-PRICE CONTRACT.—The term Tixed-price contract' 
means a contract between a retailer and a consumer under 
which the retailer charges the consumer a set price for propane, 
kerosene, or heating oil without regard to market price fluctua-
tions. 
"(3) PRICE CAP CONTRACT.—The term 'price cap contract' 
means a contract between a retailer and a consumer under 
which the retailer charges the consumer the market price for 
propane, kerosene, or heating oil, but the cost of the propane, 
kerosene, or heating oil may exceed a maximum amount stated 
in the contract. 
"(b) ASSISTANCE.—^At the request of the chief executive officer 
of a State, the Secretary shall provide information, technical assist-
ance, and funding— 
"(1) to develop education and outreach programs to encour-
age consumers to fill their storage facilities for propane, ker-
osene, and heating oil during the summer months; and 
"(2) to promote the use of budget contracts, price cap con-
tracts, fixed-price contracts, and other advantageous financial 
arrangements, 
to avoid severe seasonal price increases for and supply shortages 
of those products. 
"(c) PREFERENCE.—In implementing this section, the Secretary 
shall give preference to States that contribute public funds or 
leverage private funds to develop State summer fill and fuel budg-
eting programs. 
"(d) AUTHORIZATION OF APPROPRIATIONS.—^There are authorized 
to be appropriated to carry out this section— 
"(1) $25,000,000 for fiscal year 2001; and 
"(2) such sums as are necessary for each fiscal year there-
after. 
"(e) INAPPLICABILITY OF EXPIRATION PROVISION.—Section 281 
does not apply to this section.". 
(b) The table of contents in the first section of the Energy 
Policy and Conservation Act (42 U.S.C. prec. 6201) is amended 
by inserting after the item relating to section 272 the following: 
"Sec. 273. Summer fill and fiiel budgeting programs.". 
SEC. 603. EXPEDITED FERC HYDROELECTRIC LICENSING PROCE-
DURES. 
The Federal Energy Regulatory Commission shall, in consulta- Reports, 
tion with other appropriate agencies, immediately undertake a com-
{
)rehensive review of policies, procedures, and regulations for the 
icensing of hydroelectric projects to determine how to reduce the 
cost and time of obtaining a license. The Commission shall report Deadline, 
its findings within 6 months of the date of the enactment of this 
section to the Congress, including any recommendations for legisla-
tive changes. 
SEC. 604. SCIENTIFIC INVENTORY OF OIL AND GAS RESERVES. 
(a) IN GENERAL.—^The Secretary of the Interior, in consultation 
with the Secretaries of Agriculture and Energy, shall conduct an 
inventory of all onshore Federal lands. The inventory shall 
identify— 
(1) the United States Geological Survey reserve estimates 
of the oil and gas resources underl3dng these lands; and 
42 use 6217. 
114 STAT. 2042 
PUBLIC LAW 106-469—NOV. 9, 2000 
(2) the extent and nature of any restrictions or impediments 
to the development of such resources. 
(b) REGULAR UPDATE.—Once completed, the USGS reserve esti-
mates and the surface avsiilability data as provided in subsection 
(a)(2) shall be regularly updated and made publically available. 
(c) INVENTORY.—^The inventory shall be provided to the Com-
mittee on Resources of the House of Representatives and to the 
Committee on Energy and Natural Resources of the Senate within 
2 years after the date of the enactment of this section. 
(d) AUTHORIZATION OP APPROPRIATIONS.—There are authorized 
to be appropriated such sums as may be necessary to implement 
this section. 
SEC. 60S. ANNUAL HOME HEATING READD^SS REPORTS. 
(a) IN GENERAL.—Part A of title I of the Energy Policy and 
Conservation Act (42 U.S.C. 6211 et seq.) is amended by adding 
at the end the following: 
42 use 6216. 
"SEC. 108. ANNUAL HOME HEATING READINESS REPORTS. 
Deadline. 
"(a) IN GENERAL.—On or before September 1 of each year, 
the SecretEiry, acting through the Administrator of the Energy 
Information Agency, shall submit to Congress a Home Heating 
Readiness Report on the readiness of the natural gas, heating 
oil and propane industries to supply fuel under various weather 
conditions, including rapid decreases in temperature. 
"(b) CONTENTS.—The Home Heating Readiness Report shall 
include— 
"(1) estimates of the consumption, expenditures, £ind aver-
age price per gallon of heating oil and propane and thousand 
cubic feet of natural gas for the upcoming period of October 
through March for various weather conditions, with special 
attention to extreme weather, and various regions of the 
country; 
"(2) an evaluation of— 
"(A) global and regional crude oil and refined product 
supplies; 
"(B) the adequacy and utilization of refinery capacity; 
"(C) the adequacy, utilization, and distribution of 
regional refined product storage capacity; 
"(D) weather conditions; 
"(E) the refined product transportation system; 
"(F) market inefficiencies; and 
"(G) any other factor affecting the functional capability 
of the heating oil industry and propane industry that has 
the potential to affect national or regional supplies and 
prices; 
"(3) recommendations on steps that the Federal, State, 
and local governments can take to prevent or alleviate the 
impact of sharp and sustained increases in the price of natural 
gas, heating oil, and propane; and 
"(4) recommendations on steps that companies engaged 
in the production, refining, storage, transportation of heating 
oil or propane, or any other activity related to the heating 
oil industry or propane industry, can take to prevent or alleviate 
the impact of sharp and sustained increases in the price of 
heating oil and propane. 
PUBLIC LAW 106-469—NOV. 9, 2000 
114 STAT. 2043 
"(c) INFORMATION 
REQUESTS.—The Secretary may request 
information necessary to prepare the Home Heating Readiness 
Report from companies described in subsection (b)(4).". 
(b) CONFORMING AND TECHNICAL AMENDMENTS.—The Energy 
Policy and Conservation Act is amended— 
(1) in the table of contents in the first section (42 U.S.C. 
prec. 6201), by inserting after the item relating to section 
106 the following: 
"Sec. 107. M^or fuel burning stationary source. 
"Sec. 108. Annual home heating readiness reports."; 
and 
(2) in section 107 (42 U.S.C. 6215), by striking "SEC. 107. 
(a) No Governor" and inserting the following: 
"SEC. 107. MAJOR FUEL BURNING STATIONARY SOURCE. 
"(a) No Governor". 
TITLE VII—NATIONAL OIL HEAT 
RESEARCH ALLIANCE ACT OF 2000 
SEC. 701. SHORT TITLE. 
This title may be cited as the "National Oilheat Research 
Alliance Act of 2000". 
SEC. 702. FINDINGS. 
Congress finds that— 
(1) oilheat is an important commodity relied on by approxi-
mately 30,000,000 Americans as an efficient and economical 
energy source for commercial and residential space and hot 
water heating; 
(2) oilheat equipment operates at efficiencies among the 
highest of any space heating energy source, reducing fuel costs 
and making oilheat an economical means of space heating; 
(3) the production, distribution, and marketing of oilheat 
and oilheat equipment plays a significant role in the economy 
of 
the 
United 
States, 
accounting 
for 
approximately 
$12,900,000,000 in expenditures annually and employing mil-
lions of Americans in all aspects of the oilheat industry; 
(4) only very limited Federal resources have been made 
available for oilheat research, development, safety, training, 
and education efforts, to the detriment of both the oilheat 
industry and its 30,000,000 consumers; and 
(5) the cooperative 
development, 
self-financing, 
and 
implementation of a coordinated national oilheat industry pro-
gram of research and development, training, and consumer 
education is necessary and important for the welfare of the 
oilheat industry, the general economy of the United States, 
and the millions of Americans that rely on oilheat for commer-
cial and residential space and hot water heating. 
SEC. 703. DEFINITIONS. 
In this title: 
(1) ALLIANCE.—The term "Alliance" means a national 
oilheat research alliance established xinder section 704. 
National Oilheat 
Research 
Alliance Act of 
2000. 
42 u s e 6201 
note. 
42 u s e 6201 
note. 
42 u s e 6201 
note. 
114 STAT. 2044 
PUBLIC LAW 106-469—NOV. 9, 2000 
(2) CONSUMER EDUCATION.—The term "consumer edu-
cation" means the provision of information to assist consumers 
and other persons in making evaluations and 
decisions 
regarding oilheat and other nonindustrial commercial or resi-
dential space or hot water heating fuels. 
(3) EXCHANGE.—The term "exchange" means an agreement 
that— 
(A) entitles each party or its customers to receive 
oilheat from the other party; and 
(B) requires only an insubstantial portion of the vol-
umes involved in the exchange to be settled in cash or 
property other than the oilheat. 
(4) INDUSTRY TRADE ASSOCIATION.—The term "industry 
trade association" means an organization described in para-
graph (3) or (6) of section 501(c) of the Internal Revenue Code 
of 1986 that is exempt from taxation under section 501(a) 
of that Code and is organized for the purpose of representing 
the oilheat industry. 
(5) NO. 1 DISTILLATE.—The term "No. 1 distillate" means 
fuel oil classified as No. 1 distillate by the American Society 
for Testing and Materials. 
(6) No. 2 DYED DISTILLATE.—The term "No. 2 dyed dis-
tillate" means fiiel oil classified as No. 2 distillate by the 
AmericEin Society for Testing and Materials that is indelibly 
dyed in accordance with regulations prescribed by the Secretary 
of the Treasury under section 4082(a)(2) of the Internal Revenue 
Code of 1986. 
(7) OILHEAT.—The term "oilheat" means— 
(A) No. 1 distillate; and 
(B) No. 2 dyed distillate, 
that is used as a fuel for nonindustrial commercial or residential 
space or hot water heating. 
(8) OILHEAT INDUSTRY.— 
(A) IN GENERAL.—^The term "oilheat industry" means— 
(i) persons in the production, transportation, or 
sale of oilheat; and 
(ii) persons engaged in the msinufacture or dis-
tribution of oilheat utilization equipment. 
(B) EXCLUSION.—The term "oilheat industry" does not 
include ultimate consumers of oilheat. 
(9) PUBLIC MEMBER.—The term "public member" means 
a member of the Alliance described in section 705(c)(1)(F). 
(10) QUALIFIED INDUSTRY ORGANIZATION.—The term "quali-
fied industry organization" means the National Association for 
Oilheat Research and Education or a successor organization. 
(11) QUALIFIED STATE ASSOCIATION.—The term "qualified 
State association" means the industry trade association or other 
organization that the qualified industry organization or the 
AlliEince determines best represents retail marketers in a State. 
(12) RETAIL MARKETER.—The term "retail marketer" means 
a person engaged primarily in the sale of oilheat to ultimate 
consumers. 
(13) SECRETARY.—The term "Secretary" means the Sec-
retary of Energy. 
(14) WHOLESALE DISTRIBUTOR.—The term "wholesale dis-
tributor" meeins a person that— 
(A)(i) produces No. 1 distillate or No. 2 dyed distillate; 
PUBLIC LAW 106-469—NOV. 9, 2000 
114 STAT. 2045 
(ii) imports No. 1 distillate or No, 2 dyed distillate; 
or 
(iii) transports No. 1 distillate or No. 2 dyed distillate 
across State boundaries or among local marketing areas; 
and 
(B) sells the distillate to another person that does 
not produce, import, or transport No. 1 distillate or No. 
2 dyed distillate across State boundaries or among local 
marketing areas. 
(15) STATE.—The term "State" means the several States, 
except the State of Alaska. 
SEC. 704. REFERENDA. 
42 USC 6201 
(a) CREATION OF PROGRAM.— 
'^°^' 
(1) IN GENERAL.—The oilheat industry, through the quali-
fied industry organization, may conduct, at its own expense, 
a referendum among retail marketers and wholesale distribu-
tors for the establishment of a national oilheat research alli-
ance. 
(2) REIMBURSEMENT OF COST.—The Alliance, if established, 
shall reimburse the qualified industry organization for the cost 
of accounting and documentation for the referendum. 
(3) CONDUCT.—^A referendum under paragraph (1) shall 
be conducted by an independent auditing firm. 
(4) VOTING RIGHTS.— 
(A) RETAIL MARKETERS.—^Voting rights of retail market-
ers in a referendum under paragraph (1) shall be based 
on the volume of oilheat sold in a State by each retail 
marketer in the calendar year previous to the year in 
which the referendum is conducted or in another represent-
ative period. 
(B) WHOLESALE DISTRIBUTORS.—Voting rights of whole-
sale distributors in a referendum under paragraph (1) shall 
be based on the volume of No. 1 distillate and No. 2 
dyed distillate sold in a State by each wholesale distributor 
in the calendar year previous to the year in which the 
referendum is conducted or in another representative 
period, weighted by the ratio of the total volume of No. 
1 distillate and No. 2 dyed distillate sold for nonindustrial 
commercial and residential space and hot water heating 
in the State to the total volume of No. 1 distillate and 
No. 2 dyed distillate sold in that State. 
(5) ESTABLISHMENT BY APPROVAL OF TWO-THIRDS.— 
(A) IN GENERAL.—Subject to subparagraph (B), on 
approval of persons representing two-thirds of the total 
volume of oilheat voted in the retail marketer class and 
two-thirds of the total weighted volume of No. 1 distillate 
and No. 2 dyed distillate voted in the wholesale distributor 
class, the Alliance shall be established and shall be author-
ized to levy assessments under section 707. 
(B) REQUIREMENT OF MAJORITY OF RETAIL MARKET-
ERS.—Except as provided in subsection (b), the oilheat 
industry in a State shall not participate in the Alliance 
if less than 50 percent of the retail marketer vote in the 
State approves establishment of the Alliance. 
(6) CERTIFICATION OF VOLUMES.—Each person voting in 
the referendum shall certify to the independent auditing firm 
114 STAT. 2046 
PUBLIC LAW 106-469—NOV. 9, 2000 
the volume of oilheat, No. 1 distillate, or No. 2 dyed distillate 
represented by the vote of the person. 
Deadline. 
(7) NOTIFICATION.—Not later than 90 days after the date 
of the enactment of this title, a qualified State association 
may notify the qualified industry organization in writing that 
a referendum under paragraph (1) will not be conducted in 
the State. 
(b) SUBSEQUENT STATE PARTICIPATION.—The oilheat industry 
in a State that has not participated initially in the Alliance may 
subsequently elect to participate by conducting a referendum under 
subsection (a). 
(c) TERMINATION OR SUSPENSION.— 
(1) IN GENERAL.—On the initiative of the Alliance or on 
petition to the Alliance by retail marketers and wholesale 
distributors representing 25 percent of the volume of oilheat 
or weighted No. 1 distillate and No. 2 dyed distillate in each 
class, the Alliance shall, at its own expense, hold a referendum, 
to be conducted by an independent auditing firm selected by 
the Alliance, to determine whether the oilheat industry favors 
termination or suspension of the Alliance. 
(2) VOLUME PERCENTAGES REQUIRED TO TERMINATE OR SUS-
PEND.—^Termination or suspension shall not take effect unless 
termination or suspension is approved by persons representing 
more than one-half of the total volume of oilheat voted in 
the retail marketer class or more than one-half of the total 
volume of weighted No. 1 distillate and No. 2 dyed distillate 
voted in the wholesale distributor class. 
(3) TERMINATION BY A STATE.—A State may elect to termi-
nate participation by notifying the Alliance that 50 percent 
of the oilheat volume in the State has voted in a referendum 
to withdraw. 
(d) CALCULATION OF OILHEAT SALES.—For the purposes of this 
section and section 705, the volume of oilheat sold annually in 
a State shall be determined on the basis of information provided 
by the Energy Information Administration with respect to a cal-
endar year or other representative period. 
42 use 6201 
SEC. 705. MEMBERSHIP. 
"°*^' 
(a) SELECTION.— 
(1) IN GENERAL.—Except as provided in subsection (c)(1)(C), 
the qualified industry organization shall select members of 
the Alliance representing the oilheat industry in a State from 
a list of nominees submitted by the qualified State association 
in the State. 
(2) VACANCIES.—A vacancy in the Allisince shall be filled 
in the same manner as the original selection. 
(b) REPRESENTATION.—In selecting members of the Alliance, 
the qualified industry organization shall make best efforts to select 
members that are representative of the oilheat industry, including 
representation o
f
— 
(1) interstate and intrastate operators among retail market-
ers; 
(2) wholesale distributors of No. 1 distillate and No. 2 
dyed distillate; 
(3) large and small companies among wholesale distributors 
and retail marketers; and 
(4) diverse geographic regions of the country. 
PUBLIC LAW 106-469—NOV. 9, 2000 
114 STAT. 2047 
(c) NUMBER OF MEMBERS.— 
(1) IN GENERAL.—The membership of the Alliance shall 
be as follows: 
(A) One member representing each State with oilheat 
sales in excess of 32,000,000 gallons per year. 
(B) If fewer than 24 States are represented under 
subparagraph (A), one member representing each of the 
States with the highest volume of annual oilheat sales, 
as necessary to cause the total number of States rep-
resented imder subparagraph (A) and this subparagraph 
to equal 24. 
(C) Five representatives of retail marketers, one each 
to be selected by the qualified State associations of the 
five States with the highest volume of annual oilheat sales. 
(D) Five additional representatives of retail marketers. 
(E) Twenty-one representatives of wholesale distribu-
tors. 
(F) Six public members, who shall be representatives 
of significant users of oilheat, the oilheat research commu-
nity. State energy officials, or other groups knowledgeable 
about oilheat. 
(2) FULL-TIME OWNERS OR EMPLOYEES.—Other than the 
public members. Alliance members shall be full-time owners 
or employees of members of the oilheat industry, except that 
members described in subparagraphs (C), (D), and (E) of para-
graph (1) may be employees of the qualified industry organiza-
tion or an industry trade association. 
(d) COMPENSATION.—^Alliance members shall receive no com-
pensation for their service, nor shall Alliance members be 
reimbursed for expenses relating to their service, except that public 
members, on request, may be reimbursed for reasonable expenses 
directly related to participation in meetings of the Alliance. 
(e) TERMS.— 
(1) IN GENERAL.—Subject to paragraph (4), a member of 
the Alliance shall serve a term of 3 years, except that a member 
filling an unexpired term may serve a total of 7 consecutive 
years. 
(2) TERM LIMIT.—^A member may serve not more than two 
full consecutive terms. 
(3) FORMER MEMBERS.—^A former member of the Alliance 
may be returned to the Alliance if the member has not been 
a member for a period of 2 years. 
(4) INITIAL APPOINTMENTS.—Initial appointments to the 
Alliance shall be for terms of 1, 2, and 3 years, as determined 
by the qualified industry organization, staggered to provide 
for the subsequent selection of one-third of the members each 
year. 
SEC. 706. FUNCTIONS. 
42USC6201 
(a) IN GENERAL.— 
"°*^-
(1) PROGRAMS, PROJECTS; CONTRACTS AND OTHER AGREE-
MENTS.—The Alliance— 
(A) shall develop programs and projects and enter into 
contracts or other agreements with other persons and enti-
ties for implementing this title, including programs— 
(i) to enhance consumer and employee safety and 
training; 
114 STAT. 2048 
PUBLIC LAW 106-469—NOV. 9, 2000 
(ii) to provide for research, development, and dem-
onstration of clean and efficient oilheat utilization 
equipment; and 
(iii) for consumer education; and 
(B) may provide for the pajonent of the costs of carrying 
out subparagraph (A) with assessments collected under 
section 707. 
(2) COORDINATION.—^The Alliance shall coordinate its activi-
ties with industry trade associations and other persons as 
appropriate to provide efficient delivery of services and to avoid 
unnecessary duplication of activities. 
(3) ACTIVITIES.— 
(A) EXCLUSIONS.—Activities imder clause (i) or (ii) of 
paragraph (1)(A) shall not include advertising, promotions, 
or consumer surveys in support of advertising or pro-
motions. 
(B) 
RESEARCH, DEVELOPMENT, AND DEMONSTRATION 
ACTIVITIES.— 
(i) IN GENERAL.—Research, development, and dem-
onstration activities under paragraph (l)(A)(ii) shall 
include— 
(I) all activities incidental to research, develop-
ment, and demonstration of clean and efficient 
oilheat utilization equipment; and 
(II) the obtaining of patents, including pay-
ment of attorneys fees for making and perfecting 
a patent application. 
(ii) 
EXCLUDED 
ACTIVITIES.—Research, 
develop-
ment, and demonstration activities under paragraph 
(l)(A)(ii) shall not include research, development, and 
demonstration of oilheat utilization equipment with 
respect to which technically feasible and commercially 
feasible operations have been verified, except that 
funds may be provided for improvements to existing 
equipment until the technical feasibility and commer-
cial feasibility of the operation of those improvements 
have been verified. 
(b) PRIORITIES.—In the development of programs and projects, 
the Alliance shall give priority to issues relating to— 
(1) research, development, and demonstration; 
(2) safety; 
(3) consumer education; and 
(4) training. 
(c) ADMINISTRATION.— 
(1) OFFICERS; COMMITTEES; BYLAWS.—The Alliance— 
(A) shall select from among its members a chairperson 
and other officers as necessary; 
(B) may establish and authorize committees and sub-
committees of the Alliance to take specific actions that 
the Alliance is authorized to take; and 
(C) shall adopt bylaws for the conduct of business 
and the implementation of this title. 
(2) SOLICITATION OF OILHEAT INDUSTRY COMMENT AND REC-
OMMENDATIONS.—^The Alliance shall establish procedures for 
the solicitation of oilheat industry comment and recommenda-
tions on any significant contracts and other agreements, pro-
grams, and projects to be funded by the Alliance. 
PUBLIC LAW 106-469—NOV. 9, 2000 
114 STAT. 2049 
(3) ADVISORY COMMITTEES.—The Alliance may establish 
advisory committees consisting of persons other than Alliance 
members. 
(4) VOTING.—Each member of the Alliance shall have one 
vote in matters before the Alliance. 
(d) ADMINISTRATIVE EXPENSES.— 
(1) IN GENERAL.—The administrative expenses of operating 
the Alliance (not including costs incurred in the collection of 
assessments under section 707) plus amounts paid under para-
graph (2) shall not exceed 7 percent of the amount of assess-
ments collected in any calendar year, except that during the 
first year of operation of the Alliance such expenses and 
amounts shall not exceed 10 percent of the amount of assess-
ments. 
(2) REIMBURSEMENT OF THE SECRETARY.— 
(A) IN GENERAL.—The 
Alliance 
shall 
annually 
reimburse the Secretary for costs incurred by the Federal 
Government relating to the Alliance. 
(B) LIMITATION.—Reimbursement under subparagraph 
(A) for any calendar year shall not exceed the amount 
that the Secretary determines is twice the average annual 
salary of one employee of the Department of Energy. 
(e) BUDGET.— 
(1) PUBLICATION OF PROPOSED BUDGET.—Before August 1 
of each year, the Alliance shall publish for public review and 
comment a proposed budget for the next calendar year, 
including the probable costs of all programs, projects, and con-
tracts and other agreements. 
(2) SUBMISSION TO THE SECRETARY AND CONGRESS.—After 
review and comment under paragraph (1), the Alliance shall 
submit the proposed budget to the Secretary and Congress. 
(3) RECOMMENDATIONS BY THE SECRETARY.—The Secretary 
may recommend for inclusion in the budget programs and 
activities that the Secretary considers appropriate. 
(4) IMPLEMENTATION.—The Alliance shall not implement 
a proposed budget until the expiration of 60 days after submit-
ting the proposed budget to the Secretary. 
(f) RECORDS; AUDITS.— 
(1) RECORDS.—The Alliance shall— 
(A) keep records that clearly reflect all of the acts 
and transactions of the Alliance; and 
(B) make the records available to the public. 
Public 
(2) AUDITS.— 
information. 
(A) IN GENERAL.—The records of the Alliance (including 
fee assessment reports and applications for refunds under 
section 707(b)(4)) shall be audited by a certified public 
accountant at least once each year and at such other times 
as the Alliance may designate. 
(B) AVAILABILITY OF AUDIT REPORTS.—Copies of each 
audit report shall be provided to the Secretary, the mem-
bers of the Alli£ince, and the qualified industry organiza-
tion, and, on request, to other members of the oilheat 
industry. 
(C) POLICIES AND PROCEDURES.— 
(i) IN GENERAL.—The Alliance shall establish poli-
cies and procedures for auditing compliance with this 
title. 
114 STAT. 2050 
PUBLIC LAW 106-469—NOV. 9, 2000 
(ii) CONFORMITY WITH GAAP.—The policies and 
procedures established under clause (i) shall conform 
with generally accepted accounting principles, 
(g) PUBLIC ACCESS TO ALLIANCE PROCEEDINGS.— 
(1) PUBLIC NOTICE.—The AlHance shall give at least 30 
days' public notice of each meeting of the Alliance. 
(2) MEETINGS OPEN TO THE PUBLIC.—Each meeting of the 
Alliance shall be open to the public. 
(3) MINUTES.—^The minutes of each meeting of the Alliance 
shall be made available to and readily accessible by the public, 
(h) ANNUAL REPORT.—Each year the Alliance shall prepare 
£ind make publicly available a report that— 
(1) includes a description of all programs, projects, and 
contracts and other agreements undertaken by the Alliance 
during the previous year and those planned for the current 
year; and 
(2) details the allocation of Alliance resources for each 
such program and project. 
42 use 6201 
SEC. 707. ASSESSMENTS. 
(a) RATE.—^The assessment rate shall be equal to two-tenths-
cent per gallon of No. 1 distillate and No. 2 dyed distillate. 
(b) COLLECTION RULES.— 
(1) COLLECTION AT POINT OF SALE.—The assessment shall 
be collected at the point of sale of No. 1 distillate and No. 
2 dyed distillate by a wholesale distributor to a person other 
th£in a wholesale distributor, including a sale made pursuant 
to an exchange. 
(2) 
RESPONSIBILITY 
FOR 
PAYMENT.—A 
wholesale 
distributor— 
(A) shall be responsible for payment of an assessment 
to the Alliance on a quarterly basis; and 
(B) shall provide to the Alliance certification of the 
volume of fuel sold. 
(3) No OWNERSHIP INTEREST.—^A person that has no owner-
ship interest in No. 1 distillate or No. 2 dyed distillate shall 
not be responsible for pa3niient of an assessment under this 
section. 
(4) FAILURE TO RECEIVE PAYMENT.— 
(A) REFUND.—A wholesale distributor that does not 
receive pajrments from a purchaser for No. 1 distillate 
or No. 2 dyed distillate within 1 year of the date of sale 
may apply for a refund from the Alliance of the assessment 
paid. 
(B) AMOUNT.—The gmiount of a refund shall not exceed 
the amount of the assessment levied on the No. 1 distillate 
or No. 2 dyed distillate for which pajonent was not received. 
(5) IMPORTATION AFTER POINT OF SALE.—The owner of No. 
1 distillate or No. 2 dyed distillate imported after the point 
of sale— 
(A) shall be responsible for payment of the assessment 
to the Alliance at the point at which the product enters 
the United States; and 
(B) shall provide to the Alliance certification of the 
volume of fuel imported. 
(6) LATE PAYMENT CHARGE.—The Alliance may establish 
a late payment charge and rate of interest to be imposed 
PUBLIC LAW 106-469—NOV. 9, 2000 
114 STAT. 2051 
on any person who fails to remit or pay to the Alhance any 
amount due under this title. 
(7) ALTERNATIVE COLLECTION RULES.—The Alliance may 
establish, or approve a request of the oilheat industry in a 
State for, an alternative means of collecting the assessment 
if another means is determined to be more efficient or more 
effective. 
(c) SALE FOR USE OTHER THAN AS OILHEAT.—NO. 1 distillate 
and NO. 2 dyed distillate sold for uses other than as oilheat are 
excluded from the assessment. 
(d) INVESTMENT OF FUNDS.—Pending disbursement under a 
program, project or contract or other agreement the Alliance may 
invest funds collected through assessments, and any other funds 
received by the Alliance, only— 
(1) in obligations of the United States or any agency of 
the United States; 
ii 
(2) in general obligations of any State or any political 
subdivision of a State; 
(3) in any interest-bearing account or certificate of deposit 
of a bank that is a member of the Federal Reserve System; 
or 
(4) in obligations fully guaranteed as to principal and 
interest by the United States. 
(e) STATE, LOCAL, AND REGIONAL PROGRAMS.— 
(1) COORDINATION.—The Alliance shall establish a program 
coordinating the operation of the Alliance with the operator 
of any similar State, local, or regional program created under 
State law (including a regulation), or similar entity. 
(2) FUNDS MADE AVAILABLE TO QUALIFIED STATE ASSOCIA-
TIONS.— 
(A) IN GENERAL.— 
(i) BASE AMOUNT.—The Alliance shall make avail-
able to the qualified State association of each State 
an amount equal to 15 percent of the amount of assess-
ments collected in the State. 
(ii) ADDITIONAL AMOUNT.— 
(I) IN GENERAL.—^A qualified State association 
may request that the Alliance provide to the 
association any portion of the remaining 85 percent 
of the amount of assessments collected in the 
State. 
(II) 
REQUEST 
REQUIREMENTS.—A 
request 
under this clause shall— 
(aa) 
specify 
the amoimt 
of 
funds 
requested; 
(bb) describe in detail the specific uses 
for which the requested funds are sought; 
(cc) include a commitment to comply with 
this title in using the requested funds; and 
(dd) be made publicly available. 
Public 
(III) DIRECT BENEFIT.—The Alliance shall not information. 
provide any funds in response to a request under 
this clause unless the Alliance determines that 
the funds will be used to directly benefit the oilheat 
industry. 
(IV) MONITORING; TERMS, CONDITIONS, AND 
REPORTING REQUIREMENTS.—The Alliance shall— 
114 STAT. 2052 
PUBLIC LAW 106-469—NOV. 9, 2000 
(aa) monitor the use of funds provided 
under this clause; and 
(bb) impose whatever terms, conditions, 
and reporting requirements that the Alhance 
considers necessary to ensure compHance with 
this title. 
42 use 6201 
SEC. 708. MARKET SURVEY AND CONSUMER PROTECTION. 
(a) PRICE ANALYSIS.—Beginning 2 years after establishment 
of the Alliance and annually thereafter, the Secretary of Commerce, 
using only data provided by the Energy Information Administration 
and other public sources, shall prepare and make available to 
the Congress, the Alliance, the Secretary of Energy, £ind the public, 
an analysis of changes in the price of oilheat relative to other 
energy sources. The oilheat price analysis shall compare indexed 
changes in the price of consumer grade oilheat to a composite 
of indexed changes in the price of residential electricity, residential 
natural gas, and propane on an annual national average basis. 
For purposes of indexing changes in oilheat, residential electricity, 
residential natural gas, and propane prices, the Secretary of Com-
merce shall use a 5-year rolling average price beginning with the 
year 4 years prior to the establishment of the Alliance. 
(b) AUTHORITY TO RESTRICT ACTIVITIES.—If in any year the 
5-year average price composite index of consumer grade oilheat 
exceeds the 5-year rolling average price composite index of residen-
tial electricity, residential natural gas, and propane in an amount 
greater than 10.1 percent, the activities of the Alliance shall be 
restricted to research and development, training, and safety mat-
ters. The Alliance shall inform the Secretary of Energy and the 
Congress of any restriction of activities under this subsection. Upon 
expiration of 180 days after the beginning of any such restriction 
of activities, the Secretary of Commerce shall again conduct the 
oilheat price analysis described in subsection (a). Activities of the 
Alliance shall continue to be restricted under this subsection until 
the price index excess is 10.1 percent or less. 
42 use 6201 
SEC. 709. COMPLIANCE. 
(a) IN GENERAL.—The Alliance may bring a civil action in 
United States district court to compel payment of an assessment 
under section 707. 
(b) COSTS.—^A successful action for compliance under this sec-
tion may also require pajnnent by the defendant of the costs 
incurred by the Alliance in bringing the action. 
42 use 6201 
SEC. 710. LOBBYING RESTRICTIONS. 
No funds derived from assessments under section 707 collected 
by the Alliance shall be used to influence legislation or elections, 
except that the Alliance may use such funds to formulate and 
submit to the Secretary recommendations for amendments to this 
title or other laws that would further the purposes of this title. 
42 use 6201 
SEC. 711. DISCLOSURE. 
Any consumer education activity undertaken with funds pro-
vided by the Alliance shall include a statement that the activities 
were supported, in whole or in part, by the Alliance. 
PUBLIC LAW 106-469—NOV. 9, 2000 
114 STAT. 2053 
SEC. 712. VIOLATIONS. 
42 USC 6201 
(a) PROHIBITION.—It shall be unlawful for any person to conduct 
a consumer education activity, undertaken with funds derived from 
assessments collected by the Alliance under section 707, that 
includes— 
(1) a reference to a private brand name; 
(2) a false or unwarranted claim on behalf of oilheat or 
related products; or 
(3) a reference with respect to the attributes or use of 
any competing product. 
(b) COMPLAINTS.— 
— 
— 
(1) IN GENERAL.—^A public utility that is aggrieved by a 
violation described in subsection (a) may file a complaint with 
the Alliance. 
(2) TRANSMITTAL TO QUALIFIED STATE ASSOCIATION.- -A com-
plaint shall be transmitted concurrently to any qualified State 
association undertaking the consumer education activity with 
respect to which the complaint is made. 
(3) CESSATION OF ACTIVITIES.—On receipt of a complaint 
under this subsection, the Alliance, and any qualified State 
association undertaking the consumer education activity with 
respect to which the complaint is made, shall cease that con-
sumer education activity imtil— 
(A) the complaint is withdrawn; or 
(B) a court determines that the conduct of the activity 
complained of does not constitute a violation of subsection 
(a). 
(c) RESOLUTION BY PARTIES.— 
(1) IN GENERAL.—Not later than 10 days after a complaint Deadline, 
is filed and transmitted under subsection (b), the complaining 
party, the Alli£ince, and any qualified State association under-
taking the consumer education activity with respect to which 
the complaint is made shall meet to attempt to resolve the 
complaint. 
(2) WITHDRAWAL OF COMPLAINT.—If the issues in dispute 
are resolved in those discussions, the complaining party shall 
withdraw its complednt. 
(d) JUDICIAL REVIEW.— 
(1) IN GENERAL.—^A public utility filing a complaint under 
this section, the Allismce, a qualified State association under-
taking the consumer education activity with respect to which 
a complaint under this section is made, or any person aggrieved 
by a violation of subsection (a) may seek appropriate relief 
in United States district court. 
(2) RELIEF.—A public utility filing a complaint under this 
section shall be entitled to temporary and injunctive relief 
enjoining the consumer education activity with respect to which 
a complaint under this section is made until— 
(A) the complaint is withdrawn; or 
(B) the court has determined that the consumer edu-
cation activity complained of does not constitute a violation 
of subsection (a). 
(e) ATTORNEY'S FEES.— 
(1) MERITORIOUS CASE.—In a case in Federal court in which 
the court grants a public utility injimctive relief under sub-
section (d), the public utility shall be entitled to recover an 
114 STAT. 2054 
PUBLIC LAW 106-469—NOV. 9, 2000 
attorney's fee from the Alliance and any qualified State associa-
tion undertaking the consumer education activity with respect 
to which a complaint under this section is made. 
(2) NONMERITORIOUS CASE.—In any case under subsection 
(d) in which the court determines a complaint under subsection 
(b) to be frivolous and without merit, the prevailing party 
shall be entitled to recover an attorney's fee. 
(f) SAVINGS CLAUSE.—Nothing in this section shall limit causes 
of action brought under any other law. 
42 use 6201 
SEC. 713. SUNSET. 
Effective date. 
This title shall cease to be effective as of the date that is 
4 years after the date on which the Alliance is established. 
Approved November 9, 2000. 
LEGISLATIVE HISTORY—H.R. 2884: 
HOUSE REPORTS: No. 106-359 (Comm. on Commerce). 
CONGRESSIONAL RECORD, Vol. 146 (2000): 
Apr. 11, 12, considered and passed House. 
Oct. 19, considered and passed Senate, amended. 
Oct. 24, House concurred in Senate amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000): 
Nov. 9, Presidential statement.