The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“TEXT OF AMENDMENTS” mentioning the Department of Interior was published in the Senate section on pages S7319-S7328 on June 23, 2005.
The publication is reproduced in full below:
TEXT OF AMENDMENTS
SA 889. Ms. SNOWE (for herself and Mr. Stevens) submitted an amendment intended to be proposed by her to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:
(Submitted on Wednesday, June 22, 2005.)
On page 323, beginning with line 7, strike through line 12 on page 325 and insert the following:
SEC. 387. COORDINATION WITH FEDERAL ENERGY REGULATORY
COMMISSION.
Within 180 days after the date of enactment of this Act, the Secretary of Commerce shall submit a report to the Congress on the development of a memorandum of understanding with the Commissioner of the Federal Energy Regulatory Commission for a coordinated process for review of coastal energy activities that provides for--
(1) improved coordination among Federal, regional, State, and local agencies concerned with conducting reviews under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.); and
(2) coordinated schedules for such reviews that ensures that, where appropriate the reviews are performed concurrently.
SEC. 387A. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This section and sections 387B through 387T of this Act may be cited as the ``Coastal Zone Enhancement Reauthorization Act of 2005''.
(b) Table of Contents.--The table of contents for the Coastal Zone Enhancement Reauthorization Act of 2005 is as follows:
Sec. 387A. Short title; table of contents.
Sec. 387B. Amendment of Coastal Zone Management Act of 1972.
Sec. 387C. Findings.
Sec. 387D. Policy.
Sec. 387E. Changes in definitions.
Sec. 387F. Reauthorization of management program development grants.
Sec. 387G. Administrative grants.
Sec. 387H. Coastal resource improvement program.
Sec. 387I. Certain Federal agency activities.
Sec. 387J. Coastal zone management fund.
Sec. 387K. Coastal zone enhancement grants.
Sec. 387L. Coastal community program.
Sec. 387M. Technical assistance; resources assessments; information systems.
Sec. 387N. Performance review.
Sec. 387O. Walter B. Jones awards.
Sec. 387P. National Estuarine Research Reserve System.
Sec. 387Q. Coastal zone management reports.
Sec. 387R. Authorization of appropriations.
Sec. 387S. Deadline for decision on appeals of consistency determination.
Sec. 387T. Sense of Congress.
SEC. 387B. AMENDMENT OF COASTAL ZONE MANAGEMENT ACT OF 1972.
Except as otherwise expressly provided, whenever in sections 387C through 387T of this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.).
SEC. 387C. FINDINGS.
Section 302 (16 U.S.C. 1451) is amended--
(1) by redesignating paragraphs (a) through (m) as paragraphs (1) through (13);
(2) by inserting ``ports,'' in paragraph (3) (as so redesignated) after ``fossil fuels,'';
(3) by inserting ``including coastal waters and wetlands,'' in paragraph (4) (as so redesignated) after ``zone,'';
(4) by striking ``therein,'' in paragraph (4) (as so redesignated) and inserting ``dependent on that habitat,'';
(5) by striking ``well-being'' in paragraph (5) (as so redesignated) and inserting ``quality of life'';
(6) by inserting ``integrated plans and strategies,'' after
``including'' in paragraph (9) (as so redesignated);
(7) by striking paragraph (11) (as so redesignated) and inserting the following:
``(11) Land and water uses in the coastal zone and coastal watersheds may significantly affect the quality of coastal waters and habitats, and efforts to control coastal water pollution from activities in these areas must be improved.''; and
(8) by adding at the end thereof the following:
``(14) There is a need to enhance cooperation and coordination among states and local communities, to encourage local community-based solutions that address the impacts and pressures on coastal resources and on public facilities and public service caused by continued coastal demands, and to increase state and local capacity to identify public infrastructure and open space needs and develop and implement plans which provide for sustainable growth, resource protection and community revitalization.
``(15) The establishment of a national system of estuarine research reserves will provide for protection of essential estuarine resources, as well as for a network of State-based reserves that will serve as sites for coastal stewardship best-practices, monitoring, research, education, and training to improve coastal management and to help translate science and inform coastal decisionmakers and the public.''.
SEC. 387D. POLICY.
Section 303 (16 U.S.C. 1452) is amended--
(1) by striking ``the states'' in paragraph (2) and inserting ``state and local governments'';
(2) by inserting ``plans, and strategies'' after
``programs,'' in paragraph (2);
(3) by striking ``waters,'' each place it appears in paragraph (2)(C) and inserting ``waters and habitats,'';
(4) by striking ``agencies and state and wildlife agencies; and'' in paragraph (2)(J) and inserting ``and wildlife management; and'';
(5) by inserting ``cooperation, coordination, and effectiveness'' after ``specificity,'' in paragraph (3);
(6) by inserting ``other countries,'' after ``agencies,'' in paragraph (5);
(7) by striking ``and'' at the end of paragraph (5);
(8) by striking ``zone.'' in paragraph (6) and inserting
``zone;''; and
(9) by adding at the end thereof the following:
``(7) to create and use a National Estuarine Research Reserve System as a Federal, state, and community partnership to support and enhance coastal management and stewardship through State-based conservation, monitoring, research, education, outreach, and training; and
``(8) to encourage the development, application, training, technical assistance, and transfer of innovative coastal management practices and coastal and estuarine environmental technologies and techniques to improve understanding and management decisionmaking for the long-term conservation of coastal ecosystems.''.
SEC. 387E. CHANGES IN DEFINITIONS.
Section 304 (16 U.S.C. 1453) is amended--
(1) by striking ``and the Trust Territories of the Pacific Islands,'' in paragraph (4);
(2) in paragraph (6)--
(A) by inserting ``(ix) use or reuse of facilities authorized under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) for energy-related purposes or other authorized marine related purposes;'' after ``transmission facilities;''; and
(B) by striking ``and (ix)'' and inserting ``and (x);
(3) by striking paragraph (8) and inserting the following:
``(8) The terms `estuarine reserve' and `estuarine research reserve' mean a coastal protected area that--
``(A) may include any part or all of an estuary and any island, transitional area, and upland in, adjoining, or adjacent to the estuary;
``(B) constitutes to the extent feasible a natural unit; and
``(C) is established to provide long-term opportunities for conducting scientific studies and monitoring and educational and training programs that improve the understanding, stewardship, and management of estuaries and improve coastal decisionmaking.'';
(4) by inserting ``plans, strategies,'' after ``policies,'' in paragraph (12);
(5) in paragraph (13)--
(A) by inserting ``or alternative energy sources on or'' after ``natural gas'';
(B) by striking ``new or expanded'' and inserting ``new, reused, or expanded''; and
(C) by striking ``or production.'' and inserting
``production, or other energy related purposes.'';
(6) by inserting ``incentives, guidelines,'' after
``policies,'' in paragraph (17); and
(7) by adding at the end the following:
``(19) The term `coastal nonpoint pollution control strategies and measures' means strategies and measures included as part of the coastal nonpoint pollution control program under section 6217 of the Coastal Zone Act Reauthorization Amendments of 1990 (16 U.S.C. 1455b).
``(20) The term `qualified local entity' means--
``(A) any local government;
``(B) any areawide agency referred to in section 204(a)(1) of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3334 (a)(1));
``(C) any regional agency;
``(D) any interstate agency;
``(E) any nonprofit organization; or
``(F) any reserve established under section 315.''.
SEC. 387F. REAUTHORIZATION OF MANAGEMENT PROGRAM DEVELOPMENT
GRANTS.
Section 305 (16 U.S.C. 1454) is amended to read as follows:
``SEC. 305. MANAGEMENT PROGRAM DEVELOPMENT GRANTS.
``(a) States Without Programs.--In fiscal years 2006 and 2007, the Secretary may make a grant annually to any coastal state without an approved program if the coastal state demonstrates to the satisfaction of the Secretary that the grant will be used to develop a management program consistent with the requirements set forth in section 306. The amount of any such grant shall not exceed $200,000 in any fiscal year, and shall require State matching funds according to a 4-to-1 ratio of Federal-to-State contributions. After an initial grant is made to a coastal state under this subsection, no subsequent grant may be made to that coastal state under this subsection unless the Secretary finds that the coastal state is satisfactorily developing its management program. No coastal state is eligible to receive more than 4 grants under this subsection.
``(b) Submittal of Program for Approval.--A coastal state that has completed the development of its management program shall submit the program to the Secretary for review and approval under section 306.''.
SEC. 387G. ADMINISTRATIVE GRANTS.
(a) Purposes.--Section 306(a) (16 U.S.C. 1455(a)) is amended by striking ``administering that State's management program'' and inserting ``administering and implementing that State's management program and any plans, projects, or activities developed pursuant to such program, including developing and implementing applicable coastal nonpoint pollution control program components,''.
(b) Equitable Allocation of Funding.--Section 306(c) (16 U.S.C. 1455(c)) is amended by adding at the end thereof ``In promoting equity, the Secretary shall consider the overall change in grant funding under this section from the preceding fiscal year and minimize the relative increases or decreases among all the eligible States. The Secretary shall ensure that each eligible State receives increased funding under this section in any fiscal year for which the total amount appropriated to carry out this section is greater than the total amount appropriated to carry out this section for the preceding fiscal year.
(c) Acquisition Criteria.--Section 306(d)(10)(B) (16 U.S.C. 1455(d)(10)(B)) is amended by striking ``less than fee simple'' and inserting ``other''.
(d) Conforming Amendment.--Section 306(d)(13)(B) (16 U.S.C. 1455(d)(13)(B)) is amended by inserting ``policies, plans, strategies,'' after ``specific''.
SEC. 387H. COASTAL RESOURCE IMPROVEMENT PROGRAM.
Section 306A (16 U.S.C. 1455a) is amended--
(1) by inserting ``or other important coastal habitats'' in subsection (b)(1)(A) after ``306(d)(9)'';
(2) by inserting ``or historic'' in subsection (b)(2) after
``urban'';
(3) by adding at the end of subsection (b) the following:
``(5) The coordination and implementation of approved coastal nonpoint pollution control plans, strategies, and measures.
``(6) The preservation, restoration, enhancement or creation of coastal habitats.'';
(4) by inserting ``planning,'' before ``engineering'' in subsection (c)(2)(D);
(5) by striking ``and'' after the semicolon in subsection
(c)(2)(D);
(6) by striking ``section.'' in subsection (c)(2)(E) and inserting ``section;'';
(7) by adding at the end of subsection (c)(2) the following:
``(F) work, resources, or technical support necessary to preserve, restore, enhance, or create coastal habitats; and
``(G) the coordination and implementation of approved coastal nonpoint pollution control plans, strategies, measures.''; and
(8) by striking subsections (d), (e), and (f) and inserting after subsection (c) the following:
``(d) Source of Federal Grants; State Matching Contributions.--
``(1) In general.--If a coastal state chooses to fund a project under this section, then--
``(A) it shall submit to the Secretary a combined application for grants under this section and section 306;
``(B) it shall match the combined amount of such grants in the ratio required by section 306(a) for grants under that section; and
``(C) the Federal funding for the project shall be a portion of that state's annual allocation under section 306(a).
``(2) Use of funds.--Grants provided under this section may be used to pay a coastal state's share of costs required under any other Federal program that is consistent with the purposes of this section.
``(e) Allocation of Grants to Qualified Local Entity.--With the approval of the Secretary, the eligible coastal state may allocate to a qualified local entity a portion of any grant made under this section for the purpose of carrying out this section; except that such an allocation shall not relieve that state of the responsibility for ensuring that any funds so allocated are applied in furtherance of the state's approved management program.
``(f) Assistance.--The Secretary shall assist eligible coastal states in identifying and obtaining from other Federal agencies technical and financial assistance in achieving the objectives set forth in subsection (b).''.
SEC. 387I. CERTAIN FEDERAL AGENCY ACTIVITIES.
Section 307(c)(1) (16 U.S.C. 1456(c)(1)) is amended by adding at the end the following:
``(D) The provisions of paragraph (1)(A), and implementing regulations thereunder, with respect to a Federal agency activity inland of the coastal zone of the State of Alaska apply only if the activity directly and significantly affects a land or water use or a natural resource of the Alaskan coastal zone.''.
SEC. 387J. COASTAL ZONE MANAGEMENT FUND.
(a) Treatment of Loan Repayments.--Section 308(a)(2) (16 U.S.C. 1456a(a)(2)) is amended to read as follows:
``(2) Loan repayments made under this subsection shall be retained by the Secretary and deposited into the Coastal Zone Management Fund established under subsection (b) and shall be made available to the States for grants as under subsection
(b)(2).
(b) Use of Amounts in Fund.--Section 308(b) (16 U.S.C. 1456a(b)) is amended by striking paragraphs (2) and (3) and inserting the following:
``(2) Subject to appropriation Acts, amounts in the Fund shall be available to the Secretary to make grants to the States for--
``(A) projects to address coastal and ocean management issues which are regional in scope, including intrastate and interstate projects; and
``(B) projects that have high potential for improving coastal zone and watershed management.
``(3) Projects funded under this subsection shall apply an integrated, watershed-based management approach and advance the purpose of this Act to preserve, protect, develop, and where possible, to restore or enhance, the resources of the Nation's coastal zone for this and succeeding generations.''.
SEC. 387K. COASTAL ZONE ENHANCEMENT GRANTS.
Section 309 (16 U.S.C. 1456b) is amended--
(1) by striking subsection (a)(1) and inserting the following:
``(1) Protection, restoration, enhancement, or creation of coastal habitats, including wetlands, coral reefs, marshes, and barrier islands.'';
(2) by inserting ``and removal'' after ``entry'' in subsection (a)(4);
(3) by striking ``on various individual uses or activities on resources, such as coastal wetlands and fishery resources.'' in subsection (a)(5) and inserting ``of various individual uses or activities on coastal waters, habitats, and resources, including sources of polluted runoff.'';
(4) by adding at the end of subsection (a) the following:
``(10) Development and enhancement of coastal nonpoint pollution control program components, strategies, and measures, including the satisfaction of conditions placed on such programs as part of the Secretary's approval of the programs.
``(11) Significant emerging coastal issues as identified by coastal states, in consultation with the Secretary and qualified local entities.'';
(5) by striking ``changes'' and inserting ``changes, or for projects that demonstrate significant potential for improving ocean resource management or integrated coastal and watershed management at the local, state or regional level,'';
(6) by striking ``proposals, taking into account the criteria established by the Secretary under subsection (d).'' in subsection (c) and inserting ``proposals.'';
(7) by striking subsection (d) and redesignating subsection
(e) as subsection (d);
(8) by striking ``in implementing this section, up to a maximum of $10,000,000 annually'' in subsection (f) and inserting ``for grants to the States.''; and
(9) by redesignating subsections (f) and (g) as subsections
(e) and (f), respectively.
SEC. 387L. COASTAL COMMUNITY PROGRAM.
The Act is amended by inserting after section 309 the following:
``SEC. 309A. COASTAL COMMUNITY PROGRAM.
``(a) Coastal Community Grants.--The Secretary may make grants to any coastal state that is eligible under subsection
(b)--
``(1) to assist coastal communities in assessing and managing growth, public infrastructure, and open space needs in order to provide for sustainable growth, resource protection and community revitalization;
``(2) to provide management-oriented research and technical assistance in developing and implementing community-based growth management and resource protection strategies in qualified local entities;
``(3) to fund demonstration projects which have high potential for improving coastal zone management at the local level;
``(4) to assist in the adoption of plans, strategies, policies, or procedures to support local community-based environmentally-protective solutions to the impacts and pressures on coastal uses and resources caused by development and sprawl that will--
``(A) revitalize previously developed areas;
``(B) undertake conservation activities and projects in undeveloped and environmentally sensitive areas;
``(C) emphasize water-dependent uses; and
``(D) protect coastal waters and habitats; and
``(5) to assist coastal communities to coordinate and implement approved coastal nonpoint pollution control strategies and measures that reduce the causes and impacts of polluted runoff on coastal waters and habitats.''.
``(b) Eligibility.--To be eligible for a grant under this section for a fiscal year, a coastal state shall--
``(1) have a management program approved under section 306; and
``(2) in the judgment of the Secretary, be making satisfactory progress in activities designed to result in significant improvement in achieving the coastal management objectives specified in section 303(2)(A) through (K).
``(c) Allocations; Source of Federal Grants; State Matching Contributions.--
``(1) Allocation.--Grants under this section shall be allocated to coastal states as provided in section 306(c).
``(2) Application; matching.--If a coastal state chooses to fund a project under this section, then--
``(A) it shall submit to the Secretary a combined application for grants under this section and section 306; and
``(B) it shall match the amount of the grant under this section on the basis of a total contribution of section 306, 306A, and this section so that, in aggregate, the match is 1:1.
``(d) Allocation of Grants to Qualified Local Entity.--
``(1) In general.--With the approval of the Secretary, the eligible coastal state may allocate to a qualified local entity amounts received by the state under this section.
``(2) Assurances.--A coastal state shall ensure that amounts allocated by the state under paragraph (1) are used by the qualified local entity in furtherance of the state's approved management program, specifically furtherance of the coastal management objectives specified in section 303(2).
``(e) Assistance.--The Secretary shall assist eligible coastal states and qualified local entities in identifying and obtaining from other Federal agencies technical and financial assistance in achieving the objectives set forth in subsection (a).''.
SEC. 387M. TECHNICAL ASSISTANCE; RESOURCES ASSESSMENTS;
INFORMATION SYSTEMS.
(a) In General.--Section 310 (16 U.S.C. 1456c) is amended--
(1) by inserting ``(1)'' before ``The Secretary'' in subsection (a);
(2) by striking ``assistance'' in subsection (a) and inserting ``assistance, technology and methodology development, training and information transfer, resources assessment, and'';
(3) by adding at the end of subsection (a) the following:
``(2) Each department, agency, and instrumentality of the executive branch of the Federal Government may assist the Secretary, on a reimbursable basis or otherwise, in carrying out the purposes of this section, including the furnishing of information to the extent permitted by law, the transfer of personnel with their consent and without prejudice to their position and rating, and the performance of any research, study, and technical assistance which does not interfere with the performance of the primary duties of such department, agency, or instrumentality. The Secretary may enter into contracts or other arrangements with any qualified person for the purposes of carrying out this subsection.'';
(4) by striking ``and research activities,'' in subsection
(b)(1) and inserting ``research activities, and other support services and activities'';
(5) by inserting after ``Secretary.'' in subsection (b)(1) the following: ``The Secretary may conduct a program to develop and apply innovative coastal and estuarine environmental technology and methodology through a cooperative program, and to support the development, application, training and technical assistance, and transfer of effective coastal management practices. The Secretary may make extramural grants in carrying out the purpose of this subsection.'';
(6) by inserting after ``section.'' in subsection (b)(3) the following: ``The Secretary shall establish regional advisory committees including representatives of the Governors of each state within the region, universities, colleges, coastal and marine laboratories, Sea Grant College programs within the region and representatives from the private and public sector with relevant expertise. The Secretary will report to the regional advisory committees on activities undertaken by the Secretary and other agencies pursuant to this section, and the regional advisory committees shall identify research, technical assistance and information needs and priorities. The regional advisory committees are not subject to the requirements of the Federal Advisory Committee Act (5 U.S.C. App.).''; and
(7) by adding at the end the following:
``(c)(1) The Secretary shall consult with the regional advisory committees concerning the development of a coastal resources assessment and information program to support development and maintenance of integrated coastal resource assessments of state natural, cultural and economic attributes, and coastal information programs for the collection and dissemination of data and information, product development, and outreach based on the needs and priorities of coastal and ocean managers and user groups.
``(2) The Secretary shall assist coastal states in identifying and obtaining financial and technical assistance from other Federal agencies and may make grants to states in carrying out the purpose of this section and to provide ongoing support for state resource assessment and information programs.''.
(b) Conforming Amendment.--The section heading for section 310 (16 U.S.C. 1456c) is amended to read as follows:
``SEC. 310. TECHNICAL ASSISTANCE, RESOURCES ASSESSMENTS, AND
INFORMATION SYSTEMS.
SEC. 387N. PERFORMANCE REVIEW.
Section 312(a) (16 U.S.C. 1458(a)) is amended--
(1) by striking ``continuing review of the performance'' and inserting ``periodic review, no less frequently than every 5 years, of the administration, implementation, and performance'';
(2) by striking ``management.'' and inserting ``management programs.'';
(3) by striking ``has implemented and enforced'' and inserting ``has effectively administered, implemented, and enforced'';
(4) by striking ``addressed the coastal management needs identified'' and inserting ``furthered the national coastal policies and objectives set forth'' after ``Secretary,''; and
(5) by inserting ``coordinated with National Estuarine Research Reserves in the state'' after ``303(2)(A) through
(K),''.
SEC. 387O. WALTER B. JONES AWARDS.
Section 314 (16 U.S.C. 1460) is amended--
(1) by striking ``shall, using sums in the Coastal Zone Management Fund established under section 308'' in subsection
(a) and inserting ``may, using sums available under this Act'';
(2) by striking ``field.'' in subsection (a) and inserting the following: ``field of coastal zone management. These awards, to be known as the `Walter B. Jones Awards', may include--
``(1) cash awards in an amount not to exceed $5,000 each;
``(2) research grants; and
``(3) public ceremonies to acknowledge such awards.'';
(3) by striking ``shall elect annually--'' in subsection
(b) and inserting ``may select annually if funds are available under subsection (a)--''; and
(4) by striking subsection (e).
SEC. 387P. NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM.
(a) Section 315(a) (16 U.S.C. 1461(a)) is amended by striking ``consists of--'' and inserting ``is a network of areas protected by Federal, state, and community partnerships which promotes informed management of the Nation's estuarine and coastal areas through interconnected programs in resource stewardship, education and training, monitoring, research, and scientific understanding consisting of--''.
(b) Section 315(b)(2) ((16 U.S.C. 1461(b)(2)) is amended--
(1) by inserting ``for each coastal state or territory'' after ``research'' in subparagraph (A);
(2) by striking ``public awareness and'' in subparagraph
(C) and inserting ``state coastal management, public awareness, and''; and
(3) by striking ``public education and interpretation; and''; in subparagraph (C) and inserting ``education, interpretation, training, and demonstration projects; and''.
(c) Section 315(c) (16 U.S.C. 1461(c)) is amended--
(1) by striking ``Research'' in the subsection caption and inserting ``Research, Education, and Resource Stewardship'';
(2) by striking ``conduct of research'' and inserting
``conduct of research, education, and resource stewardship'';
(3) by striking ``coordinated research'' in paragraph (1)) and inserting ``coordinated research, education, and resource stewardship'';
(4) by striking ``research'' before ``principles'' in paragraph (2);
(5) by striking ``research programs'' in paragraph (2) and inserting ``research, education, and resource stewardship programs'';
(6) by striking ``research'' before ``methodologies'' in paragraph (3);
(7) by striking ``data,'' in paragraph (3) and inserting
``information,'';
(8) by striking ``research'' before ``results'' in paragraph (3);
(9) by striking ``research purposes;'' in paragraph (3) and inserting ``research, education, and resource stewardship purposes;'';
(10) by striking ``research efforts'' in paragraph (4) and inserting ``research, education, and resource stewardship efforts'';
(11) by striking ``research'' in paragraph (5) and inserting ``research, education, and resource stewardship''; and
(12) by striking ``research'' in the last sentence.
(d) Section 315(d) (16 U.S.C. 1461(d)) is amended--
(1) by striking ``Estuarine Research.--'' in the subsection caption and inserting ``Estuarine Research, Education, and Resource Stewardship.--'';
(2) by striking ``research purposes'' and inserting
``research, education, and resource stewardship purposes'';
(3) by striking paragraph (1) and inserting the following:
``(1) giving reasonable priority to research, education, and stewardship activities that use the System in conducting or supporting activities relating to estuaries; and'';
(4) by striking ``research.'' in paragraph (2) and inserting ``research, education, and resource stewardship activities.''; and
(5) by adding at the end thereof the following:
``(3) establishing partnerships with other Federal and state estuarine management programs to coordinate and collaborate on estuarine research.''.
(e) Section 315(e) (16 U.S.C. 1461(e)) is amended--
(1) by striking ``reserve,'' in paragraph (1)(A)(i) and inserting ``reserve; and'';
(2) by striking ``and constructing appropriate reserve facilities, or'' in paragraph (1)(A)(ii) and inserting
``including resource stewardship activities and constructing reserve facilities; and'';
(3) by striking paragraph (1)(A)(iii);
(4) by striking paragraph (1)(B) and inserting the following:
``(B) to any coastal state or public or private person for purposes of--
``(i) supporting research and monitoring associated with a national estuarine reserve that are consistent with the research guidelines developed under subsection (c); or
``(ii) conducting educational, interpretive, or training activities for a national estuarine reserve that are consistent with the education guidelines developed under subsection (c).'';
(5) by striking ``therein or $5,000,000, whichever amount is less.'' in paragraph (3)(A) and inserting ``therein. Non-Federal costs associated with the purchase of any lands and waters, or interests therein, which are incorporated into the boundaries of a reserve up to 5 years after the costs are incurred, may be used to match the Federal share.'';
(6) by striking ``and (iii)'' in paragraph (3)(B);
(7) by striking ``paragraph (1)(A)(iii)'' in paragraph
(3)(B) and inserting ``paragraph (1)(B)'';
(8) by striking ``entire System.'' in paragraph (3)(B) and inserting ``System as a whole.''; and
(9) by adding at the end thereof the following:
``(4) The Secretary may--
``(A) enter into cooperative agreements, financial agreements, grants, contracts, or other agreements with any nonprofit organization, authorizing the organization to solicit donations to carry out the purposes and policies of this section, other than general administration of reserves or the System and which are consistent with the purposes and policies of this section; and
``(B) accept donations of funds and services for use in carrying out the purposes and policies of this section, other than general administration of reserves or the System and which are consistent with the purposes and policies of this section.
Donations accepted under this section shall be considered as a gift or bequest to or for the use of the United States for the purpose of carrying out this section.''.
(f) Section 315(f)(1) (16 U.S.C. 1461(f)(1)) is amended by inserting ``coordination with other state programs established under sections 306 and 309A,'' after
``including''.
SEC. 387Q. COASTAL ZONE MANAGEMENT REPORTS.
Section 316 (16 U.S.C. 1462) is amended--
(1) by striking ``to the President for transmittal'' in subsection (a);
(2) by striking ``zone and an evaluation of the effectiveness of financial assistance under section 308 in dealing with such consequences;'' and inserting ``zone;'' in the provision designated as (10) in subsection (a);
(3) by inserting ``education,'' after the ``studies,'' in the provision designated as (12) in subsection (a);
(4) by striking ``Secretary'' in the first sentence of subsection (c)(1) and inserting ``Secretary, in consultation with coastal states, and with the participation of affected Federal agencies,'';
(5) by striking the second sentence of subsection (c)(1) and inserting the following: ``The Secretary, in conducting such a review, shall coordinate with, and obtain the views of, appropriate Federal agencies.'';
(6) by striking ``shall promptly'' in subsection (c)(2) and inserting ``shall, within 4 years after the date of enactment of the Coastal Zone Enhancement Reauthorization Act of 2005,''; and
(7) by adding at the end of subsection (c)(2) the following: ``If sufficient funds and resources are not available to conduct such a review, the Secretary shall so notify the Congress.''.
SEC. 387R. AUTHORIZATION OF APPROPRIATIONS.
Section 318 (16 U.S.C. 1464) is amended--
(1) by striking paragraphs (1) and (2) of subsection (a) and inserting the following:
``(1) for grants under sections 306, 306A, and 309--
``(A) $90,500,000 for fiscal year 2006,
``(B) $94,000,000 for fiscal year 2007,
``(C) $98,000,000 for fiscal year 2008,
``(D) $102,000,000 for fiscal year 2009, and
``(E) $106,000,000 for fiscal year 2010;
``(2) for grants under section 309A--
``(A) $29,000,000 for fiscal year 2006,
``(B) $30,000,000 for fiscal year 2007,
``(C) $31,000,000 for fiscal year 2008,
``(D) $32,000,000 for fiscal year 2009, and
``(E) $32,000,000 for fiscal year 2010,of which $10,000,000, or 35 percent, whichever is less, shall be for purposes set forth in section 309A(a)(5);
``(3) for grants under section 315--
``(A) $37,000,000 for fiscal year 2006,
``(B) $38,000,000 for fiscal year 2007,
``(C) $39,000,000 for fiscal year 2008,
``(D) $40,000,000 for fiscal year 2009, and
``(E) $41,000,000 for fiscal year 2010,
of which up to $15,000,000 may be used by the Secretary in each of fiscal years 2006 through 2010 for grants to fund construction and acquisition projects at estuarine reserves designated under section 315;
``(4) for costs associated with administering this title,
$7,500,000 for fiscal year 2006 and such sums as are necessary for fiscal years 2007 through 2010.''; and
``(5) for grants under section 310 to support State pilot projects to implement resource assessment and information programs, $6,000,000 for each of fiscal years 2006 and 2007.'';
(2) by striking ``306 or 309.'' in subsection (b) and inserting ``306.'';
(3) by striking ``during the fiscal year, or during the second fiscal year after the fiscal year, for which'' in subsection (c) and inserting ``within 3 years from when'';
(4) by striking ``under the section for such reverted amount was originally made available.'' in subsection (c) and inserting ``to states under this Act.''; and
(5) by adding at the end thereof the following:
``(d) Purchase of Otherwise Unavailable Federal Products and Services.--Federal funds allocated under this title may be used by grantees to purchase Federal products and services not otherwise available.
``(e) Restrictions on Use of Amounts.--
``(1) Use of amounts for program, administrative, or overhead costs.--Except for funds appropriated under subsection (a)(4), shall not be available for other program, administrative, or overhead costs of the National Oceanic and Atmospheric Administration or the Department of Commerce.
``(2) Grants to states.--Funds appropriated pursuant to subsections (a)(1) and (a)(2) shall be made available only for grants to States.''.
SEC. 387S. DEADLINE FOR DECISION ON APPEALS OF CONSISTENCY
DETERMINATION.
(a) In General.--Section 319 (16 U.S.C. 1465) is amended to read as follows:
``SEC. 319. APPEALS TO THE SECRETARY.
``(a) Notice.--Not later than 30 days after the date of the filing of an appeal to the Secretary of a consistency determination under section 307, the Secretary shall publish an initial notice in the Federal Register.
``(b) Closure of Record.--
``(1) In general.--Not later than the end of the 270-day period beginning on the date of publication of an initial notice under subsection (a), except as provided in paragraph
(3), the Secretary shall immediately close the decision record and receive no more filings on the appeal.
``(2) Notice.--After closing the administrative record, the Secretary shall immediately publish a notice in the Federal Register that the administrative record has been closed.
``(3) Exception.--
``(A) In general.--Subject to subparagraph (B), during the 270-day period described in paragraph (1), the Secretary may stay the closing of the decision record--
``(i) for a specific period mutually agreed to in writing by the appellant and the State agency; or
``(ii) as the Secretary determines necessary to receive, on an expedited basis--
``(I) any supplemental information specifically requested by the Secretary to complete a consistency review under this Act; or
``(II) any clarifying information submitted by a party to the proceeding related to information already existing in the sole record.
``(B) Applicability.--The Secretary may only stay the 270-day period described in paragraph (1) for a period not to exceed 60 days.
``(c) Deadline for Decision.--
``(1) In general.--Not later than 90 days after the date of publication of a Federal Register notice stating when the decision record for an appeal has been closed, the Secretary shall issue a decision or publish a notice in the Federal Register explaining why a decision cannot be issued at that time.
``(2) Subsequent decision.--Not later than 45 days after the date of publication of a Federal Register notice explaining why a decision cannot be issued within the 90-day period, the Secretary shall issue a decision.''.
SEC. 387T. SENSE OF CONGRESS.
It is the sense of Congress that the Undersecretary for Oceans and Atmosphere should re-evaluate the calculation of shoreline mileage used in the distribution of funding under the Coastal Zone Management Program to ensure equitable treatment of all regions of the coastal zone, including the Southeastern States and the Great Lakes States.
______
SA 990. Mr. KYL (for himself, Mr. Lugar, Mr. Lott, and Mr. Schumer) submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; as follows:
In lieu of the matter proposed to be inserted, insert the following:
SEC. 621. MEDICAL ISOTOPE PRODUCTION: NONPROLIFERATION,
ANTITERRORISM, AND RESOURCE REVIEW.
(a) Definitions.--In this section:
(1) Highly enriched uranium for medical isotope production.--The term ``highly enriched uranium for medical isotope production'' means highly enriched uranium contained in, or for use in, targets to be irradiated for the sole purpose of producing medical isotopes.
(2) Medical isotopes.--The term ``medical isotopes'' means radioactive isotopes, including molybdenum-99, that are used to produce radiopharmaceuticals for diagnostic or therapeutic procedures on patients.
(b) Study.--
(1) In general.--Not later than 60 days after the date of enactment of this Act, the Secretary shall enter into an arrangement with the National Academy of Sciences for the conduct of a study of issues associated with section 134 of the Atomic Energy Act of 1954 (42 U.S.C. 2160d), including issues associated with the implementation of that section.
(2) Contents.--The study shall include an analysis of--
(A) the effectiveness to date of section 134 of the Atomic Energy Act of 1954 (42 U.S.C. 2160d) in facilitating the conversion of foreign reactor fuel and targets to low-enriched uranium, which reduces the risk that highly enriched uranium will be diverted and stolen;
(B) the degree to which isotope producers that rely on United States highly enriched uranium are complying with the intent of section 134 of the Atomic Energy Act of 1954 (42 U.S.C. 2160d) to expeditiously convert targets to low-enriched uranium;
(C) the adequacy of physical protection and material control and accounting measures at foreign facilities that receive United States highly enriched uranium for medical isotope production, in comparison to Nuclear Regulatory Commission regulations and Department administrative requirements;
(D) the likely consequences of an exemption of highly enriched uranium exports for medical isotope production from section 134(a) of the Atomic Energy Act of 1954 (42 U.S.C. 2160d(a)) for--
(i) United States efforts to eliminate highly enriched uranium commerce worldwide through the support of the Reduced Enrichment in Research and Test Reactors program; and
(ii) other United States nonproliferation and antiterrorism initiatives;
(E) incentives that could supplement the incentives of section 134 of the Atomic Energy Act of 1954 (42 U.S.C. 2160d) to further encourage foreign medical isotope producers to convert from highly enriched uranium to low-enriched uranium;
(F) whether implementation of section 134 of the Atomic Energy Act of 1954 (42 U.S.C. 2160d) has ever caused, or is likely to cause, an interruption in the production and supply of medical isotopes in needed quantities;
(G) whether the United States supply of isotopes is sufficiently diversified to withstand an interruption of production from any 1 supplier, and, if not, what steps should be taken to diversify United States supply; and
(H) any other aspects of implementation of section 134 of of the Atomic Energy Act of 1954 (42 U.S.C. 2160d) that have a bearing on Federal nonproliferation and antiterrorism laws
(including regulations) and policies.
(3) Timing; consultation.--The National Academy of Sciences study shall be--
(A) conducted in full consultation with the Secretary of State, the staff of the Reduced Enrichment in Research and Test Reactors program at Argonne National Laboratory, and other interested organizations and individuals with expertise in nuclear nonproliferation; and
(B) submitted to Congress not later than 18 months after the date of enactment of this Act.
______
SA 991. Mr. ALLEN submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:
SEC. 13__. STUDY OF FEASIBILITY AND EFFECTS OF NATURAL GAS-
ONLY LEASING.
(a) In General.--Not later than 90 days after the date of enactment of this Act, the Secretary of the Interior shall initiate a study of the feasibility and effects of offering a natural gas-only option as part of lease sales held in accordance with the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.).
(b) Subjects of the Study.--The study under this section shall include--
(1) an examination of what constitutes gas, condensate, and oil;
(2) an examination of what constitutes the rights and obligations of a lessee regarding condensate produced in association with a natural gas-only lease; and
(3) an analysis of the potential effects of offering a natural gas-only option as part of a lease sale on--
(A) natural gas supplies;
(B) total hydrocarbon production; and
(C) industry interest.
(c) Report.--Not later than 1 year after the date of initiation of the study under this section, the Secretary shall submit to Congress a report on the findings, conclusion, and recommendations of the study.
(d) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.
______
SA 992. Mr. COCHRAN submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:
Beginning on page 1, strike line 6 and all that follows through page 2, line 3, and insert the following:Power Act (16 U.S.C. 824k(j)) is amended by striking
``October 1, 1991'' and inserting ``April 1, 2005''.
______
SA 993. Mr. CORZINE submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:
1. On page 3, Line 18-20, strike ``the consent of the Governor of the State adjacent to the lease area, as determined under section 18(i)(2)(B)(i),'' and replace with
``the consent of the Governors and State Legislatures of all other States in the Union''
2. On page 4, after ``and'' insert ``the Governors of all other States in the Union''
3. On page 5, line 17, after ``any'' insert ``time and with the consent of all other States in the Union''
4. On page 10, Line 18, strike ``20 miles'' and replace with ``4,000'' miles''
5. On page 10, Line 25, strike ``20 miles'' and replace with ``4,000'' miles''
6. On page 11, strike lies 3-20
7. On page 11, Line 9, strike ``25 percent'' and replace with ``0.1 percent''
8. On page 11, Line 14, strike ``25 percent'' and replace with ``0.1 percent''
19. On page 12, Line 2, strike ``12.5 percent'' and replace with ``0.1 percent''
10. On page 12, Line 4, strike ``$1,250,000,000'' and replace with ``$500,000''
______
SA 994. Mr. CORZINE submitted an amendment intended to be proposed by him to the bill H.R. 6, To ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:
On page 3, strike Line 18, and insert ``the consent of the Governor and State Legislatures of all other states in the Union''
______
SA 995. Mr. CORZINE submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:
1. On page 3, Line 18-20, strike ``the consent of the Governor of the State adjacent to the lease area, as determined under section l8(i)(2)(B)(i),'' and replace with
``the consent of the Governors and State Legislatures of all other States in the Union''
2. On page 4, after ``and'' insert'' the ``the Governors of all other States in the Union''
3. On page 5, line 17, after ``any'' insert ``time and with the consent of all other States in the Union''
4. On page 7, Line 14, strike ``may'' and replace with
``may, with the consent of all other States in the Union,''
5. On page 7, Line 18, replace ``State,'' with ``State.''
6. On page 7, Lines 18-20, strike ``in accordance with the lateral boundaries delineated under paragraph (2)(B)(i)
7. On page 9, Line 13, strike ``without'' and replace with
``with''
8. On page 9, Line 14, strike ``with any State'' and replace with ``with every State in the Union''
9. On page 10, Line 16, strike ``20 miles'' and replace with ``4,000'' miles''
10. On page 10, Line 17, strike ``(or the boundaries of the State as delineated under paragraph (2)(B)),''
11. On page 10, Line 25, strike ``20 miles'' and replace with ``4,000 miles''
12. On page 11, strike lines 3-20
13. On page 12, Line 2, strike ``12.5 percent'' and replace with ``0.1 percent''
14. On page 12, Line 4, strike ``$1,250,000,000'' and replace with ``$500,000''
______
SA 996. Mr. CORZINE submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:
1. On page 3, Line 18-20, strike ``the consent of the Governor of the State adjacent to the lease area, as determined under section 18(i)(2)(B)(i),'' and replace with
``the consent of the Governors and State Legislatures of all other States in the Union''
2. On page 4, after ``and'' insert'' the ``the Governors of all other States in the Union''
3. On page 5, line 17, after ``any'' insert ``time and with the consent of all other States in the Union''
4. On page 7, Line 14, strike ``may'' and replace with
``may, with the consent of all other States in the Union,''
5. On page 7, Line 18, replace ``State,'' with ``State.''
6. On page 7, Lines 18-20, strike ``in accordance with the lateral boundaries delineated under paragraph (2)(B)(i)
7. On page 9, Line 13, strike ``without'' and replace with
``with''
8. On page 9, Line 14, strike ``with any State'' and replace with ``with every State in the Union''
9. On page 10, Line 16, strike ``20 miles'' and replace with ``4,000'' miles''
10. On page 10, Line 17, strike ``(or the boundaries of the State as delineated under paragraph (2)(B)),''
11. On page 10, Line 25, strike ``20 miles'' and replace with ``4,000 miles''
12. On page 11, Line 9, strike ``25 percent'' and replace with ``0.1 percent''
13. On page 11, Line 14, strike ``25 percent'' and replace with ``0.1 percent''
14. On page 12, Line 2, strike ``12.5 percent'' and replace with ``0.1 percent''
15. On page 12, Line 4, strike ``$1,250,000,000'' and replace with ``$500,000''
______
SA 997. Mr. CORZINE submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:
1. On page 3, line 18-20, strike ``the consent of the Governor of the State adjacent to the lease area, as determined under section l8(i)(2)(B)(i),'' and replace with
``the consent of the Governors and State Legislatures of all other States in the Union with a coast''.
2. On page 4, after ``and'' insert ``the Governors of all other States in the Union with a coast''.
3. On page 5, line 17, after ``any'' insert ``time and with the consent of all other States in the Union with a coast''.
4. On page 7, line 14, strike ``may'' and replace with
``may, with the consent of all other States in the Union with a coast''.
5. On page 7, line 18, replace ``State,'' with ``State.''
6. On page 7, lines 18-20, strike ``in accordance with the lateral boundaries delineated under paragraph (2)(B)(i).
7. On page 9, line 13, strike ``without'' and replace with
``with''.
8. On page 9, line 14, strike ``with any State'' and replace with ``with every State in the Union with a coast''.
9. On page 10, line 16, strike ``20 miles'' and replace with ``4,000'' miles''.
10. On page 10, line 17, strike ``(or the boundaries of the State as delineated under paragraph (2)(B)),''.
11. On page 10, line 25, strike ``20 miles'' and replace with ``4,000 miles''.
12. On page 11, line 9, strike ``25 percent'' and replace with ``0.1 percent''.
13. On page 11, line 14, strike ``25 percent'' and replace with ``0.1 percent''.
14. On page 12, line 2, strike ``12.5 percent'' and replace with ``0.1 percent''.
15. On page 12, line 4, strike ``$1,250,000,000'' and replace with ``$500,000''.
______
SA 998. Mr. CORZINE submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:
1. On page 3, line 18-20, strike ``the consent of the Governor of the State adjacent to the lease area, as determined under section 18(i)(2)(B)(i),'' and replace with
``the consent of the Governors and State Legislatures of all other States in the Union with a coast''.
2. On page 4, after ``and'' insert ``the Governors of all other States in the Union with a coast''.
3. On page 5, line 17, after ``any'' insert ``time and with the consent of all other States in the Union with a coast''.
4. On page 7, line 14, strike ``may'' and replace with
``may, with the consent of all other States in the Union with a coast''.
5. On page 7, line 18, replace ``State,'' with ``State.''
6. On page 7, lines 18-20, strike ``in accordance with the lateral boundaries delineated under paragraph (2)(B)(i).
7. On page 9, line 13, strike ``without'' and replace with
``with''.
8. On page 9, line 14, strike ``with any State'' and replace with ``with every State with a coast''.
9. On page 10, line 16, strike ``20 miles'' and replace with ``4,000'' miles''.
10. On page 10, line 17, strike ``(or the boundaries of the State as delineated under paragraph (2)(B))''.
11. On page 10, line 25, strike ``20 miles'' and replace with ``4,000 miles''.
12. On page 11, line 9, strike ``25 percent'' and replace with ``0.1 percent''.
13. On page 11, line 14, strike ``25 percent'' and replace with ``0.1 percent''.
14. On page 12, line 2, strike ``12.5 percent'' and replace with ``0.1 percent''.
15. On page 12, line 4, strike ``$1,250,000,000'' and replace with ``$500,000''.
______
SA 999. Mr. COCHRAN submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:
Beginning on page 1, strike line 7: ``April 1, 2005'', and insert ``October 1, 1991.''
______
SA 1000. Mr. NELSON of Florida submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:
On page 12, strike line 16 and insert the following:
``(5) Moratoria opt out requirements.--Any State with a legislative outer Continental Shelf moratorium on leasing, pre-leasing, and related activities protecting Federal waters adjoining the coastline of the State through the congressional appropriations process as of January 1, 2002, may opt out of the moratorium after the date of enactment of the Energy Policy Act of 2005 with respect to any portion of the coastal waters of the State only with--
``(A) the explicit concurrence of the Governor of the State and the State legislature and the Governors and State legislatures of the 2 coastal States adjoining the State; and
``(B) the concurrence of the Regional Fishery Management Council with jurisdiction over the living marine resources in Federal waters adjacent to the affected State.
``(6) Use of funds.--
``(A) In general.--Notwithstanding any other provision of this subsection, any amount derived from lease bonuses or royalty payments under this subsection conveyed to States and political subdivisions of any producing State or any other State, shall only be used for mitigation measures and environmental restoration projects that--
``(i) have been subject to comprehensive review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) ; and
``(ii) specifically repair and restore the adverse physical and pollution impacts of onshore and offshore oil and gas facilities, transportation facilities, and related operations associated with Federal offshore oil and gas leasing, exploration, and development activities.
``(B) Limitation.--No funds made available to States or political subdivisions under this or any related revenue-sharing subsection may be used for--
``(i) the construction, design, or permitting ofindustrial infrastructure projects; or
``(ii) projects that further harm the coastal zone of the affected State or any adjoining State or adjacent offshore waters.
``(7) Liability.--
``(A) In general.--The State subject to an approved petition under this subsection shall be liable for any damages to coastal natural resources and ecosystems of adjoining or nearby States resulting from offshore oil and gas leasing, exploration, development, or transportation activities conducted in any Federal or State portion of the area of the outer Continental Shelf made available for leasing under this subsection.
``(B) Indemnification.--The United States may not indemnify a State from liability under this subsection.
``(8) Application.--This subsection shall not
______
SA 1001. Mr. COCHRAN submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:
On page 159, after line 23, add the following:
SEC. 211. WASTE-DERIVED ETHANOL AND BIODIESEL.
Section 312(f)(1) of the Energy Policy Act of 1992 (42 U.S.C. 13220(f)(1)) is amended--
(1) by striking ```biodiesel' means'' and inserting the following: ```biodiesel'--
``(A) means''; and
(2) in subparagraph (A) (as designated by paragraph (1)) by striking ``and'' at the end and inserting the following:
``(B) includes ethanol and biodiesel derived from--
``(i) animal wastes, including poultry fats and poultry wastes, and other waste materials; or
``(ii) municipal solid waste and sludges and oils derived from wastewater and the treatment of wastewater; and''.
______
SA 1002. Mr. COBURN submitted an amendment intended to be proposed by him to the bill H.R. 2361, making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2006, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
Sec. __. Notwithstanding any other provision of this Act, each amount provided by this Act is reduced by 1.7 percent.
______
SA 1003. Mr. COBURN submitted an amendment intended to be proposed by him to the bill H.R. 2361, making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2006, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
Sec. __. Any limitation, directive, or earmarking contained in either the House or Senate report must also be included in the conference report in order to be considered as having been approved by both Houses of Congress.
______
SA 1004. Mr. COBURN submitted an amendment intended to be proposed by him to the bill H.R. 2361, making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2006, and for other purposes; which was ordered to lie on the table; as follows:
On page 233, line 9, strike ``126,264,000'' and insert
``121,264,000''.
On page 130, line 24, strike ``766,564,000'' and insert
``771,564,000''.
______
SA 1005. Mr. CRAIG (for Mr. Domenici (for himself and Mr. Bingaman)) proposed an amendment to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; as follows:
At the end of subtitle H of title II, add the following:
SEC. 2__. ENERGY POLICY AND CONSERVATION TECHNICAL
CORRECTION.
Section 609(c)(4) of the Public Utility Regulatory Policies Act of 1978 (as added by section 291) is amended by striking
``of 1954 (42 U.S.C. 6303)'' and inserting ``(42 U.S.C. 6303(d))''.
______
SA 1006. Mr. CRAIG (for Mr. Vitter) proposed an amendment to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; as follows:
On page 755, after line 25, insert the following:
SEC. 13__. SCIENCE STUDY ON CUMULATIVE IMPACTS OF MULTIPLE
OFFSHORE LIQUEFIED NATURAL GAS FACILITIES.
(a) In General.--The Secretary (in consultation with the National Oceanic Atmospheric Administration, the Commandant of the Coast Guard, affected recreational and commercial fishing industries and affected energy and transportation stakeholders) shall carry out a study and compile existing science (including studies and data) to determine the risks or benefits presented by cumulative impacts of multiple offshore liquefied natural gas facilities reasonably assumed to be constructed in an area of the Gulf of Mexico using the open-rack vaporization system.
(b) Accuracy.--In carrying out subsection (a), the Secretary shall verify the accuracy of available science and develop a science-based evaluation of significant short-term and long-term cumulative impacts, both adverse and beneficial, of multiple offshore liquefied natural gas facilities reasonably assumed to be constructed in an area of the Gulf of Mexico using or proposing the open-rack vaporization system on the fisheries and marine populations in the vicinity of the facility.
______
SA 1007. Mr. CRAIG (for Mr. Byrd) proposed an amendment to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; as follows:
Beginning on page 328, strike line 13 and all that follows through page 337, line 6, and insert the following:
Subtitle A--Clean Coal Power Initiative
SEC. 401. AUTHORIZATION OF APPROPRIATIONS.
(a) Clean Coal Power Initiative.--There is authorized to be appropriated to the Secretary to carry out the activities authorized by this subtitle $200,000,000 for each of fiscal years 2006 through 2012, to remain available until expended.
(b) Report.--Not later than March 31, 2006, the Secretary shall submit to Congress a report that includes a 10-year plan containing--
(1) a detailed assessment of whether the aggregate assistance levels provided under subsection (a) are the appropriate assistance levels for the clean coal power initiative;
(2) a detailed description of how proposals for assistance under the clean coal power initiative will be solicited and evaluated, including a list of all activities expected to be undertaken;
(3) a detailed list of technical milestones for each coal and related technology that will be pursued under the clean coal power initiative; and
(4) a detailed description of how the clean coal power initiative will avoid problems enumerated in Government Accountability Office reports on the Clean Coal Technology Program of the Department, including problems that have resulted in unspent funds and projects that failed either financially or scientifically.
SEC. 402. PROJECT CRITERIA.
(a) In General.--To be eligible to receive assistance under this subtitle, a project shall advance efficiency, environmental performance, and cost competitiveness well beyond the level of technologies that are in commercial service or have been demonstrated on a scale that the Secretary determines is sufficient to demonstrate that commercial service is viable as of the date of enactment of this Act.
(b) Technical Criteria for Clean Coal Power Initiative.--
(1) Gasification projects.--
(A) In General.--In allocating the funds made available under section 401(a), the Secretary shall ensure that at least 80 percent of the funds are used only to fund projects on coal-based gasification technologies, including--
(i) gasification combined cycle;
(ii) gasification fuel cells and turbine combined cycle;
(iii) gasification coproduction; and
(iv) hybrid gasification and combustion.
(B) Technical milestones.--
(i) Periodic determination.--
(I) In general.--The Secretary shall periodically set technical milestones specifying the emission and thermal efficiency levels that coal gasification projects under this subtitle shall be designed, and reasonably expected, to achieve.
(II) Prescriptive milestones.--The technical milestones shall become more prescriptive during the period of the clean coal power initiative.
(ii) 2020 goals.--The Secretary shall establish the periodic milestones so as to achieve by the year 2020 coal gasification projects able--
(I) to remove at least 99 percent of sulfur dioxide;
(II) to emit not more than .05 lbs of NOx per million Btu;
(III) to achieve at least 95 percent reductions in mercury emissions; and
(IV) to achieve a thermal efficiency of at least--
(aa) 50 percent for coal of more than 9,000 Btu;
(bb) 48 percent for coal of 7,000 to 9,000 Btu; and
(cc) 46 percent for coal of less than 7,000 Btu.
(2) Other projects.--
(A) Allocation of funds.--The Secretary shall ensure that up to 20 percent of the funds made available under section 401(a) are used to fund projects other than those described in paragraph (1).
(B) Technical milestones.--
(i) Periodic determination.--
(I) In general.--The Secretary shall periodically establish technical milestones specifying the emission and thermal efficiency levels that projects funded under this paragraph shall be designed, and reasonably expected, to achieve.
(II) Prescriptive milestones.--The technical milestones shall become more prescriptive during the period of the clean coal power initiative.
(ii) 2020 goals.--The Secretary shall set the periodic milestones so as to achieve by the year 2020 projects able--
(I) to remove at least 97 percent of sulfur dioxide;
(II) to emit no more than .08 lbs of NOx per million Btu;
(III) to achieve at least 90 percent reductions in mercury emissions; and
(IV) to achieve a thermal efficiency of at least--
(aa) 43 percent for coal of more than 9,000 Btu;
(bb) 41 percent for coal of 7,000 to 9,000 Btu; and
(cc) 39 percent for coal of less than 7,000 Btu.
(3) Consultation.--Before setting the technical milestones under paragraphs (1)(B) and (2)(B), the Secretary shall consult with--
(A) the Administrator of the Environmental Protection Agency; and
(B) interested entities, including--
(i) coal producers;
(ii) industries using coal;
(iii) organizations that promote coal or advanced coal technologies;
(iv) environmental organizations;
(v) organizations representing workers; and
(vi) organizations representing consumers.
(4) Existing units.--In the case of projects at units in existence on the date of enactment of this Act, in lieu of the thermal efficiency requirements described in paragraphs
(1)(B)(ii)(IV) and (2)(B)(ii)(IV), the milestones shall be designed to achieve an overall thermal design efficiency improvement, compared to the efficiency of the unit as operated, of not less than--
(A) 7 percent for coal of more than 9,000 Btu;
(B) 6 percent for coal of 7,000 to 9,000 Btu; or
(C) 4 percent for coal of less than 7,000 Btu.
(5) Administration.--
(A) Elevation of site.--In evaluating project proposals to achieve thermal efficiency levels established under paragraphs (1)(B)(i) and (2)(B)(i) and in determining progress towards thermal efficiency milestones under paragraphs (1)(B)(ii)(IV), (2)(B)(ii)(IV), and (4), the Secretary shall take into account and make adjustments for the elevation of the site at which a project is proposed to be constructed.
(B) Applicability of milestones.--The thermal efficiency milestones under paragraphs (1)(B)(ii)(IV), (2)(B)(ii)(IV), and (4) shall not apply to projects that separate and capture at least 50 percent of the potential emissions of carbon dioxide by a facility.
(C) Permitted uses.--In carrying out this section, the Secretary shall give high priority to projects that include, as part of the project--
(i) the separation or capture of carbon dioxide; or
(ii) the reduction of the demand for natural gas if deployed.
(c) Financial Criteria.--The Secretary shall not provide financial assistance under this subtitle for a project unless the recipient documents to the satisfaction of the Secretary that--
(1) the recipient is financially responsible;
(2) the recipient will provide sufficient information to the Secretary to enable the Secretary to ensure that the funds are spent efficiently and effectively; and
(3) a market exists for the technology being demonstrated or applied, as evidenced by statements of interest in writing from potential purchasers of the technology.
(d) Financial Assistance.--The Secretary shall provide financial assistance to projects that, as determined by the Secretary--
(1) meet the requirements of subsections (a), (b), and (c); and
(2) are likely--
(A) to achieve overall cost reductions in the use of coal to generate useful forms of energy or chemical feedstocks;
(B) to improve the competitiveness of coal among various forms of energy in order to maintain a diversity of fuel choices in the United States to meet electricity generation requirements; and
(C) to demonstrate methods and equipment that are applicable to 25 percent of the electricity generating facilities, using various types of coal, that use coal as the primary feedstock as of the date of enactment of this Act.
(e) Cost-Sharing.--In carrying out this subtitle, the Secretary shall require cost sharing in accordance with section 1002.
(f) Scheduled Completion of Selected Projects.--
(1) In general.--In selecting a project for financial assistance under this section, the Secretary shall establish a reasonable period of time during which the owner or operator of the project shall complete the construction or demonstration phase of the project, as the Secretary determines to be appropriate.
(2) Condition of financial assistance.--The Secretary shall require as a condition of receipt of any financial assistance under this subtitle that the recipient of the assistance enter into an agreement with the Secretary not to request an extension of the time period established for the project by the Secretary under paragraph (1).
(3) Extension of time period.--
(A) In general.--Subject to subparagraph (B), the Secretary may extend the time period established under paragraph (1) if the Secretary determines, in the sole discretion of the Secretary, that the owner or operator of the project cannot complete the construction or demonstration phase of the project within the time period due to circumstances beyond the control of the owner or operator.
(B) Limitation.--The Secretary shall not extend a time period under subparagraph (A) by more than 4 years.
(g) Fee Title.--The Secretary may vest fee title or other property interests acquired under cost-share clean coal power initiative agreements under this subtitle in any entity, including the United States.
(h) Data Protection.--For a period not exceeding 5 years after completion of the operations phase of a cooperative agreement, the Secretary may provide appropriate protections
(including exemptions from subchapter II of chapter 5 of title 5, United States Code) against the dissemination of information that--
(1) results from demonstration activities carried out under the clean coal power initiative program; and
(2) would be a trade secret or commercial or financial information that is privileged or confidential if the information had been obtained from and first produced by a non-Federal party participating in a clean coal power initiative project.
(i) Applicability.--No technology, or level of emission reduction, solely by reason of the use of the technology, or the achievement of the emission reduction, by 1 or more facilities receiving assistance under this Act, shall be considered to be--
(1) adequately demonstrated for purposes of section 111 of the Clean Air Act (42 U.S.C. 7411);
(2) achievable for purposes of section 169 of that Act (42 U.S.C. 7479); or
(3) achievable in practice for purposes of section 171 of that Act (42 U.S.C. 7501).
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SA 1008. Mr. CRAIG (for Ms. Cantwell) proposed an amendment to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; as follows:
On page 696, lines 24 and 25, strike ``unlawful on the grounds that it is unjust and unreasonable'' and insert ``not permitted under a rate schedule (or contract under such a schedule) or is otherwise unlawful on the grounds that the contract is unjust and unreasonable or contrary to the public interest''.
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SA 1009. Mr. CRAIG (for Mr. Grassley (for himself and Mr. Baucus) proposed an amendment to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; as follows:
On page 12 (of title XV as agreed to), after line 23, add the following:
SEC. __. APPLICATION OF SECTION 45 CREDIT TO AGRICULTURAL
COOPERATIVES.
(a) In General.--Section 45(e) (relating to definitions and special rules), as amended by this Act, is amended by adding at the end the following:
``(11) Allocation of credit to patrons of agricultural cooperative.--
``(A) Election to allocate.--
``(i) In general.--In the case of an eligible cooperative organization, any portion of the credit determined under subsection (a) for the taxable year may, at the election of the organization, be apportioned among patrons of the organization on the basis of the amount of business done by the patrons during the taxable year.
``(ii) Form and effect of election.--An election under clause (i) for any taxable year shall be made on a timely filed return for such year. Such election, once made, shall be irrevocable for such taxable year.
``(B) Treatment of organizations and patrons.--The amount of the credit apportioned to any patrons under subparagraph
(A)--
``(i) shall not be included in the amount determined under subsection (a) with respect to the organization for the taxable year, and
``(ii) shall be included in the amount determined under subsection (a) for the taxable year of the patrons with or within which the taxable year of the organization ends.
``(C) Special rules for decrease in credits for taxable year.--If the amount of the credit of a cooperative organization determined under subsection (a) for a taxable year is less than the amount of such credit shown on the return of the cooperative organization for such year, an amount equal to the excess of--
``(i) such reduction, over
``(ii) the amount not apportioned to such patrons under subparagraph (A) for the taxable year, shall be treated as an increase in tax imposed by this chapter on the organization. Such increase shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit under this subpart or subpart A, B, E, or G.
``(D) Eligible cooperative defined.--For purposes of this section the term `eligible cooperative' means a cooperative organization described in section 1381(a) which is owned more than 50 percent by agricultural producers or by entities owned by agricultural producers. For this purpose an entity owned by an agricultural producer is one that is more than 50 percent owned by agricultural producers.
``(E) Written notice to patrons.--If any portion of the credit available under subsection (a) is allocated to patrons under subparagraph (A), the eligible cooperative shall provide any patron receiving an allocation written notice of the amount of the allocation. Such notice shall be provided before the date on which the return described in subparagraph
(B)(ii) is due.''.
SEC. __. EXPANSION OF RESOURCES TO WAVE, CURRENT, TIDAL, AND
OCEAN THERMAL ENERGY.
(a) In General.--Section 45(c)(1) (defining qualified energy resources), as amended by this Act, is amended by striking ``and'' at the end of subparagraph (H), by striking the period at the end of subparagraph (I) and inserting ``, and'', and by adding at the end the following new subparagraph:
``(J) wave, current, tidal, and ocean thermal energy.''
(b) Definition of Resources.--Section 45(c), as amended by this Act, is amended by adding at the end the following new paragraph:
``(9) Wave, current, tidal, and ocean thermal energy.--The term `wave, current, tidal, and ocean thermal energy' means electricity produced from any of the following:
``(A) Free flowing ocean water derived from tidal currents, ocean currents, waves, or estuary currents.
``(B) Ocean thermal energy.
``(C) Free flowing water in rivers, lakes, man made channels, or streams.''
(c) Facilities.--Section 45(d), as amended by this Act, is amended by adding at the end the following new paragraph:
``(11) Wave, current, tidal, and ocean thermal facility.--In the case of a facility using resources described in subparagraph (A), (B), or (C) of subsection (c)(9) to produce electricity, the term `qualified facility' means any facility owned by the taxpayer which is originally placed in service after the date of the enactment of this paragraph and before January 1, 2009, but such term shall not include a facility which includes impoundment structures or a small irrigation power facility.''
(b) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.
On page 35 (of title XV as agreed to), strike lines 10 through 16, and insert the following:
``(A) Application period.--Each applicant for certification under this paragraph shall submit an application meeting the requirements of subparagraph (B). An applicant may only submit an application during the 3-year period beginning on the date the Secretary establishes the program under paragraph (1).
``(B) Requirements for applications for certification.--An application under subparagraph (A) shall contain such information as the Secretary may require in order to make a determination to accept or reject an application for certification as meeting the requirements under subsection
(e)(1). Any information contained in the application shall be protected as provided in section 552(b)(4) of title 5, United States Code.
``(C) Time to act upon applications for certification.--The Secretary shall issue a determination as to whether an applicant has met the requirements under subsection (e)(1) within 60 days following the date of submittal of the application for certification.
``(D) Time to meet criteria for certification.--Each applicant for certification shall have 2 years from the date of acceptance by the Secretary of the application during which to provide to the Secretary evidence that the criteria set forth in subsection (e)(2) have been met.
``(E) Period of issuance.--An applicant which receives a certification shall have 5 years from the date of issuance of the certification in order to place the project in service and if such project is not placed in service by that time period then the certification shall no longer be valid.''.
On page 36 (of title XV as agreed to), strike lines 14 through 23.
On page 36 (of title XV as agreed to), line 24, strike
``(6)'' and insert ``(5)''.
On page 37 (of title XV as agreed to), line 16, strike
``commitment''.
On page 37 (of title XV as agreed to), line 17, strike
``(e)(4)(B)'' and insert ``paragraph (2)''.
On page 37 (of title XV as agreed to), line 19, strike
``(f)(2)(B)(ii)'' and insert ``paragraph (2)(D)''.
On page 37 (of title XV as agreed to), line 20, strike
``commitment''.
On page 37 (of title XV as agreed to), between lines 22 and 23, insert the following:
``(C) Reallocation.--If the Secretary determines that megawatts under clause (i) or (ii) of paragraph (3)(B) are available for reallocation pursuant to the requirements set forth in paragraph (2), the Secretary is authorized to conduct an additional program for applications for certification.''.
On page 38 (of title XV as agreed to), line 7, strike ``or polygeneration''.
On page 38 (of title XV as agreed to), beginning with line 13 strike all through page 39, line 25, and insert the following:
``(C) the project, consisting of one or more electric generation units at one site, will have a total nameplate generating capacity of at least 400 megawatts;
``(D) the applicant demonstrates that there is a letter of intent signed by an officer of an entity willing to purchase the majority of the output of the project or signed by an officer of a utility indicating that the electricity capacity addition is consistent with that utility's integrated resource plan as approved by the regulatory or governing body that oversees electricity capacity allocations of the utility;
``(E) there is evidence of ownership or control of a site of sufficient size to allow the proposed project to be constructed and to operate on a long-term basis; and
``(F) the project will be located in the United States.
``(2) Requirements for certification.--For the purpose of subsection (d)(2)(D), a project shall be eligible for certification only if the Secretary determines that--
``(A) the applicant for certification has received all Federal and State environmental authorizations or reviews necessary to commence construction of the project; and
``(B) the applicant for certification, except in the case of a retrofit or repower of an existing electric generation unit, has purchased or entered into a binding contract for the purchase of the main steam turbine or turbines for the project, except that such contract may be contingent upon receipt of a certification under subsection (d)(2).''.
On page 40 (of title XV as agreed to), strike ``(2)'' and insert ``(3)''.
On page 40 (of title XV as agreed to), line 4, strike
``subsection (d)(3)(B)(i)'' and insert ``subsection (d)(2)''.
On page 40 (of title XV as agreed to), line 5, strike
``certify capacity'' and insert ``certify capacity, in accordance with the procedures set forth in subsection (d), in relatively equal amounts''.
On page 40 (of title XV as agreed to), beginning with line 19, strike all through page 42, line 6.
On page 42 (of title XV as agreed to), line 18, strike
``the vendor warrants that''.
On page 44 (of title XV as agreed to), after line 25, insert the following:
``(h) Applicability.--No use of technology (or level of emission reduction solely by reason of the use of the technology), and no achievement of any emission reduction by the demonstration of any technology or performance level, by or at one or more facilities with respect to which a credit is allowed under this section, shall be considered to indicate that the technology or performance level is--
``(1) adequately demonstrated for purposes of section 111 of the Clean Air Act (42 U.S. C. 7411);
``(2) achievable for purposes of section 169 of that Act
(42 U.S. C. 7479); or
``(3) achievable in practice for purposes of section 171 of such Act (42 U.S.C. 7501).
On page 155 (of title XV as agreed to), line 13, strike
``2010'' and insert ``2012''.
On page 186 (of title XV as agreed to), line 2, insert ``or any mixture of biodiesel (as defined in section 40A(d)(1)) and diesel fuel (as defined in section 4083(a)(3)), determined without regard to any use of kerosene and containing at least 20 percent biodiesel'' after
``hydrogen''.
Beginning on page 211 (of title XV as agreed to), line 16, strike all through page 212, line 17, and insert the following:
``(b) Limitation.--The amount allowable as a credit under subsection (a) with respect to any qualified recycling equipment shall not exceed--
``(1) in the case of such equipment described in subsection
(c)(1)(A)(i), 15 percent of the cost of such equipment, and
``(2) in the case of such equipment described in subsection
(c)(1)(A)(ii), 15 percent of so much of the cost of each piece of equipment as exceeds $400,000.
``(c) Definitions.--For purposes of this section--
``(1) Qualified recycling equipment.--
``(A) In general.--The term `qualified recycling equipment' means equipment, including connecting piping--
``(i) employed in sorting or processing residential and commercial qualified recyclable materials described in paragraph (2)(A) for the purpose of converting such materials for use in manufacturing tangible consumer products, including packaging, or
``(ii) the primary purpose of which is the shredding and processing of qualified recyclable materials described in paragraph (2)(B).
``(B) Equipment at commercial or public venues included.--For purposes of subparagraph (A)(i), such term includes equipment which is utilized at commercial or public venues, including recycling collection centers, where the equipment is utilized to sort or process qualified recyclable materials for such purpose.
``(C) Exclusion.--Such term does not include rolling stock or other equipment used to transport recyclable materials.
``(2) Qualified recyclable materials.--The term `qualified recyclable materials' means--
``(A) any packaging or printed material which is glass, paper, plastic, steel, or aluminum, and
``(B) any electronic waste (including any cathode ray tube, flat panel screen, or similar video display device with a screen size greater than 4 inches measured diagonally, or a central processing unit),generated by an individual or business and which has been separated from solid waste for the purposes of collection and recycling.
On page 215 (of title XV as agreed to), line 23, strike
``for any'' and insert ``during any''.
On page 230 (of title XV as agreed to), between lines 2 and 3, insert the following:
SEC. __. THREE-YEAR APPLICABLE RECOVERY PERIOD FOR
DEPRECIATION OF QUALIFIED ENERGY MANAGEMENT
DEVICES.
(a) In General.--Section 168(e)(3)(A) (defining 3-year property) is amended by striking ``and'' at the end of clause
(ii), by striking the period at the end of clause (iii) and inserting ``, and'', and by adding at the end the following new clause:
``(iv) any qualified energy management device.''.
(b) Definition of Qualified Energy Management Device.--Section 168(i) (relating to definitions and special rules), as amended by this Act, is amended by inserting at the end the following new paragraph:
``(18) Qualified energy management device.--
``(A) In general.--The term `qualified energy management device' means any energy management device--
``(1) which is placed in service before January 1, 2008, by a taxpayer who is a supplier of electric energy or a provider of electric energy services,
``(2) the original use of which commences with the taxpayer, and
``(3) the purchase of which is subject to a binding contract entered into after June 23, 2005, but only if there was no written binding contract entered into on or before such date.
``(B) Energy management device.--For purposes of subparagraph (A), the term `energy management device' means any meter or metering device which is used by the taxpayer--
``(i) to measure and record electricity usage data on a time-differentiated basis in at least 4 separate time segments per day, and
``(ii) to provide such data on at least a monthly basis to both consumers and the taxpayer.''.
(c) Alternative System.--The table contained in section 168(g)(3)(B) is amended by inserting after the item relating to subparagraph (A)(iii) the following:
``(A)(iv).........................................................20''.
(d) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2005, in taxable years ending after such date.
SEC. __. EXCEPTION FROM VOLUME CAP FOR CERTAIN COOLING
FACILITIES.
(a) In General.--Section 146 (relating to volume cap) is amended by redesignating subsections (i) through (n) as subsections (j) through (o), respectively, and by inserting after subsection (h) the following:
``(i) Exception for facilities used to cool structures with ocean water, etc..--
``(1) In general.--Only for purposes of this section, the term `private activity bond' shall not include any exempt facility bond described in section 142(a)(9) which is issued as part of an issue to finance any project which is designed to access deep water renewable thermal energy for district cooling to provide building air conditioning (including any distribution piping, pumping, and chiller facilities).
``(2) Limitation.--Paragraph (1) shall apply only to bonds issued as part of an issue the aggregate authorized face amount of which is not more than $75,000,000 with respect to any project described in such paragraph.''.
(b) Effective Date.--The amendments made by this section shall apply to projects placed in service after the date of enactment of this Act and before July 1, 2008.
On page 6 (of Senate amendment number 933 as modified and agreed to), line 12, strike ``(i)'' and insert ``(iii)''.
On page 6 (of Senate amendment number 933 as modified and agreed to), line 18, strike the last period and insert ``, and''.
On page 232 (of title XV as agreed to), line 22, strike
``(iii)'' and insert ``(iv)''.
On page 255 (of title XV as agreed to), line 6, strike
``2007'' and insert ``2006''.
On page 256 (of title XV as agreed to), strike lines 3 through 15, and insert the following:
(b) No Exemptions From Tax Except for Exports.--
(1) In general.--Section 4082(a) (relating to exemptions for diesel fuel and kerosene) is amended by inserting
``(other than such tax at the Leaking Underground Storage Tank Trust Fund financing rate imposed in all cases other than for export)'' after ``section 4081''.
(2) Amendments relating to section 4041.--
(A) Subsections (a)(1)(B), (a)(2)(A), and (c)(2) of section 4041 are each amended by inserting ``(other than such tax at the Leaking Underground Storage Tank Trust Fund financing rate)'' after ``section 4081''.
(B) Section 4041(b)(1)(A) is amended by striking ``or
(d)(1))''.
(C) Section 4041(d) is amended by adding at the end the following new paragraph:
``(5) Nonapplication of exemptions other than for exports.--For purposes of this section, the tax imposed under this subsection shall be determined without regard to subsections (f), (g) (other than with respect to any sale for export under paragraph (3) thereof), (h), and (l).''.
(3) No refund.--
(A) In general.--Subchapter B of chapter 65 is amended by adding at the end the following new section:
``SEC. 6430. TREATMENT OF TAX IMPOSED AT LEAKING UNDERGROUND
STORAGE TANK TRUST FUND FINANCING RATE.
``No refunds, credits, or payments shall be made under this subchapter for any tax imposed at the Leaking Underground Storage Tank Trust Fund financing rate, except in the case of fuels destined for export.''.
(B) Clerical amendment.--The table of sections for subchapter B of chapter 65 is amended by adding at the end the following new item:
``Sec. 6430. Treatment of tax imposed at Leaking Underground Storage
Tank Trust Fund financing rate.
On page 257 (of title XV as agreed to), strike lines 7 through 10, and insert the following:
(2) No exemption.--The amendments made by subsection (b) shall apply to fuel entered, removed, or sold after September 30, 2005.
On page 257 (of title XV as agreed to), after line 11, add the following:
SEC. 1573. TIRE EXCISE TAX MODIFICATION.
(a) In General.--Section 4071(a) (relating to imposition and rate of tax) is amended by inserting ``8.0 cents in the case of a'' before ``super single tire''.
(b) Definition of Super Single Tire.--Section 4072(e)
(defining super single tire) is amended by striking ``13 inches'' and inserting ``17.5 inches''.
(c) Effective Date.--The amendments made by this section shall apply to sales after September 30, 2005.
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