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 S1090-S1097 on Feb. 28, 2012.
The publication is reproduced in full below:
TEXT OF AMENDMENTS
SA 1742. Mr. PORTMAN submitted an amendment intended to be proposed by him to the bill S. 1813, to reauthorize Federal-aid highway and highway safety construction programs, and for other purposes; which was ordered to lie on the table; as follows:
On page 469, after line 22, add the following:
SEC. 15___. NONHIGHWAY USES IN REST AREAS.
(a) In General.--A State may permit any nonhighway use in any rest area along any highway (as defined in section 101 of title 23, United States Code), including any commercial activity that does not impair the highway or interfere with the full use and safety of the highway.
(b) Private Parties.--A State may permit any private party to carry out a nonhighway use described in subsection (a).
(c) Revenues Generated by Nonhighway Uses.--A State may use any revenues generated by a nonhighway use described in subsection (a) to carry out any project (as defined in section 101 of title 23, United States Code).
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SA 1743. Mr. BLUNT submitted an amendment intended to be proposed to amendment SA 1730 proposed by Mr. Reid to the bill S. 1813, to reauthorize Federal-aid highway and highway safety construction programs, and for other purposes; which was ordered to lie on the table; as follows:
Beginning on page 813, strike line 1 and all that follows through page 816, line 23.
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SA 1744. Mr. KOHL (for himself, Mr. Leahy, Mr. Grassley, Mr. Schumer, Mr. Blumenthal, Mr. Brown of Ohio, Mr. Franken, and Mr. Manchin) submitted an amendment intended to be proposed by him to the bill S. 1813, to reauthorize Federal-aid highway and highway safety construction programs, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. NO OIL PRODUCING AND EXPORTING CARTELS ACT OF 2012.
(a) Short Title.--This section may be cited as the ``No Oil Producing and Exporting Cartels Act of 2012'' or ``NOPEC''.
(b) Sherman Act.--The Sherman Act (15 U.S.C. 1 et seq.) is amended by adding after section 7 the following:
``SEC. 7A. OIL PRODUCING CARTELS.
``(a) In General.--It shall be illegal and a violation of this Act for any foreign state, or any instrumentality or agent of any foreign state, to act collectively or in combination with any other foreign state, any instrumentality or agent of any other foreign state, or any other person, whether by cartel or any other association or form of cooperation or joint action--
``(1) to limit the production or distribution of oil, natural gas, or any other petroleum product;
``(2) to set or maintain the price of oil, natural gas, or any petroleum product; or
``(3) to otherwise take any action in restraint of trade for oil, natural gas, or any petroleum product;
when such action, combination, or collective action has a direct, substantial, and reasonably foreseeable effect on the market, supply, price, or distribution of oil, natural gas, or other petroleum product in the United States.
``(b) Sovereign Immunity.--A foreign state engaged in conduct in violation of subsection (a) shall not be immune under the doctrine of sovereign immunity from the jurisdiction or judgments of the courts of the United States in any action brought to enforce this section.
``(c) Inapplicability of Act of State Doctrine.--No court of the United States shall decline, based on the act of state doctrine, to make a determination on the merits in an action brought under this section.
``(d) Enforcement.--
``(1) In general.--The Attorney General of the United States may bring an action to enforce this section in any district court of the United States as provided under the antitrust laws.
``(2) No private right of action.--No private right of action is authorized under this section.''.
(c) Sovereign Immunity.--Section 1605(a) of title 28, United States Code, is amended--
(1) in paragraph (6), by striking ``or'' after the semicolon;
(2) in paragraph (7), by striking the period and inserting
``; or''; and
(3) by adding at the end the following:
``(8) in which the action is brought under section 7A of the Sherman Act.''.
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SA 1745. Mr. HATCH submitted an amendment intended to be proposed to amendment SA 1730 proposed by Mr. Reid to the bill S. 1813, to reauthorize Federal-aid highway and highway safety construction programs, and for other purposes; which was ordered to lie on the table; as follows:
Strike titles II and III of division D and insert the following:
TITLE II--REVENUE PROVISIONS
SEC. 40201. TRANSFER FROM LEAKING UNDERGROUND STORAGE TANK
TRUST FUND TO HIGHWAY TRUST FUND.
(a) In General.--Subsection (c) of section 9508 of the Internal Revenue Code of 1986 is amended--
(1) by striking ``Amounts'' and inserting:
``(1) In general.--Except as provided in paragraph (2), amounts'', and
(2) by adding at the end the following new paragraph:
``(2) Transfer to highway trust fund.--Out of amounts in the Leaking Underground Storage Tank Trust Fund there is hereby appropriated $3,000,000,000 to be transferred under section 9503(f)(3) to the Highway Trust Fund.''.
(b) Transfer to Highway Trust Fund.--
(1) In general.--Subsection (f) of section 9503 of the Internal Revenue Code of 1986 is amended by inserting after paragraph (2) the following new paragraph:
``(3) Increase in fund balance.--There is hereby transferred to the Highway Trust Fund amounts appropriated from the Leaking Underground Storage Tank Trust Fund under section 9508(c)(2).''.
(2) Conforming amendments.--Paragraph (4) of section 9503(f) of such Code is amended--
(A) by inserting ``or transferred'' after ``appropriated'', and
(B) by striking ``appropriated'' in the heading thereof.
SEC. 40202. PORTION OF LEAKING UNDERGROUND STORAGE TANK TRUST
FUND FINANCING RATE TRANSFERRED TO HIGHWAY
TRUST FUND.
(a) In General.--Subsection (b) of section 9503 of the Internal Revenue Code of 1986 is amended by inserting after paragraph (2) the following new paragraph:
``(3) Portion of leaking underground storage tank trust fund financing rate.--There are hereby appropriated to the Highway Trust Fund amounts equivalent to one-third of the taxes received in the Treasury under--
``(A) section 4041(d) (relating to additional taxes on motor fuels),
``(B) section 4081 (relating to tax on gasoline, diesel fuel, and kerosene) to the extent attributable to the Leaking Underground Storage Tank Trust Fund financing rate under such section, and
``(C) section 4042 (relating to tax on fuel used in commercial transportation on inland waterways) to the extent attributable to the Leaking Underground Storage Tank Trust Fund financing rate under such section.For purposes of this paragraph, there shall not be taken into account the taxes imposed by sections 4041 and 4081 on diesel fuel sold for use or used as fuel in a diesel-powered boat.''.
(b) Conforming Amendments.--
(1) Paragraphs (1), (2), and (3) of section 9508(b) of the Internal Revenue Code of 1986 are each amended by inserting
``two-thirds of the'' before ``taxes''.
(2) Paragraph (4) of section 9503(b) of such Code is amended by striking subparagraphs (A) and (B) and by redesignating subparagraphs (C) and (D) as subparagraphs (A) and (B), respectively.
(c) Effective Date.--The amendments made by this section shall apply to taxes received after the date of the enactment of this Act.
SEC. 40203. INTERNAL REVENUE SERVICE LEVIES AND THRIFT
SAVINGS PLAN ACCOUNTS.
Section 8437(e)(3) of title 5, United States Code, is amended by inserting ``, the enforcement of a Federal tax levy as provided in section 6331 of the Internal Revenue Code of 1986,'' after ``(42 U.S.C. 659)''.
SEC. 40204. RESCISSION OF FUNDS FOR THE ADVANCED TECHNOLOGY
VEHICLES MANUFACTURING INCENTIVE PROGRAM.
Effective on the date of enactment of this Act, there are rescinded all unobligated balances of the amounts made available for the advanced technology vehicles manufacturing incentive program established under section 136 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17013).
SEC. 40205. RESCISSION OF UNSPENT FEDERAL FUNDS.
(a) In General.--Notwithstanding any other provision of law, of all available unobligated funds on the date of enactment of this Act, there are rescinded such amounts as are equal to the difference between--
(1) the amounts necessary to carry out this Act; and
(2) the total amount of offsets provided by this title
(other than this section) and division E.
(b) Implementation.--
(1) In general.--The Director of the Office of Management and Budget shall determine and identify--
(A) from which appropriation accounts the rescission under subsection (a) shall be made; and
(B) the amount of such rescission that shall be made to each account identified under subparagraph (A).
(2) Report.--Not later than 60 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall submit a report to the Secretary of the Treasury and Congress of the accounts and amounts determined and identified for rescission under paragraph (1).
(c) Exception.--This section shall not apply to the unobligated funds of the Department of Defense, the Department of Homeland Security, or the Department of Veterans Affairs.
SEC. 40206. DEPOSIT IN HIGHWAY TRUST FUND.
There shall be deposited in the Highway Trust Fund
(1) any amounts rescinded under this title; and
(2) any amounts collected by the United States under this title or division E (including an amendment made by this title or division E).
DIVISION E--ENERGY DEVELOPMENT
TITLE I--EXPANDING OFFSHORE ENERGY DEVELOPMENT
SEC. 51001. OUTER CONTINENTAL SHELF LEASING PROGRAM.
Section 18(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1344(a)) is amended by adding at the end the following:
``(5)(A) In each oil and gas leasing program under this section, the Secretary shall make available for leasing and conduct lease sales including--
``(i) at least 50 percent of the available unleased acreage within each outer Continental Shelf planning area considered to have the largest undiscovered, technically recoverable oil and gas resources (on a total btu basis) based upon the most recent national geologic assessment of the outer Continental Shelf, with an emphasis on offering the most geologically prospective parts of the planning area; and
``(ii) any State subdivision of an outer Continental Shelf planning area that the Governor of the State that represents that subdivision requests be made available for leasing.
``(B) In this paragraph the term `available unleased acreage' means that portion of the outer Continental Shelf that is not under lease at the time of a proposed lease sale, and that has not otherwise been made unavailable for leasing by law.
``(6)(A) In the 2012 2017 5-year oil and gas leasing program, the Secretary shall make available for leasing any outer Continental Shelf planning areas that--
``(i) are estimated to contain more than 2,500,000,000 barrels of oil; or
``(ii) are estimated to contain more than 7,500,000,000,000 cubic feet of natural gas.
``(B) To determine the planning areas described in subparagraph (A), the Secretary shall use the document entitled `Minerals Management Service Assessment of Undiscovered Technically Recoverable Oil and Gas Resources of the Nation's Outer Continental Shelf, 2006'.''.
SEC. 51002. DOMESTIC OIL AND NATURAL GAS PRODUCTION GOAL.
Section 18(b) of the Outer Continental Shelf Lands Act (43 U.S.C. 1344(b)) is amended to read as follows:
``(b) Domestic Oil and Natural Gas Production Goal.--
``(1) In general.--In developing a 5-year oil and gas leasing program, and subject to paragraph (2), the Secretary shall determine a domestic strategic production goal for the development of oil and natural gas as a result of that program. Such goal shall be--
``(A) the best estimate of the possible increase in domestic production of oil and natural gas from the outer Continental Shelf;
``(B) focused on meeting domestic demand for oil and natural gas and reducing the dependence of the United States on foreign energy; and
``(C) focused on the production increases achieved by the leasing program at the end of the 15-year period beginning on the effective date of the program.
``(2) 2012 2017 program goal.--For purposes of the 2012 2017 5-year oil and gas leasing program, the production goal referred to in paragraph (1) shall be an increase by 2027 of--
``(A) no less than 3,000,000 barrels in the amount of oil produced per day; and
``(B) no less than 10,000,000,000 cubic feet in the amount of natural gas produced per day.
``(3) Reporting.--The Secretary shall report annually, beginning at the end of the 5-year period for which the program applies, to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate on the progress of the program in meeting the production goal. The Secretary shall identify in the report projections for production and any problems with leasing, permitting, or production that will prevent meeting the goal.''.
TITLE II--CONDUCTING PROMPT OFFSHORE LEASE SALES
SEC. 52001. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE
SALE 216 IN THE CENTRAL GULF OF MEXICO.
(a) In General.--The Secretary of the Interior shall conduct offshore oil and gas Lease Sale 216 under section 8 of the Outer Continental Shelf Lands Act (33 U.S.C. 1337) as soon as practicable, but not later than 4 months after the date of enactment of this Act.
(b) Environmental Review.--For the purposes of that lease sale, the Environmental Impact Statement for the 2007 2012 5 Year OUTER CONTINENTAL SHELF Plan and the Multi-Sale Environmental Impact Statement are deemed to satisfy the requirements of the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
SEC. 52002. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE
SALE 220 ON THE OUTER CONTINENTAL SHELF
OFFSHORE VIRGINIA.
(a) In General.--Notwithstanding the inclusion of Lease Sale 220 in the fiscal years 2012 through fiscal year 2017 5 Year Outer Continental Shelf Oil and Gas Leasing Program, the Secretary shall conduct offshore oil and gas Lease Sale 220 under section 8 of the Outer Continental Shelf Lands Act (33 U.S.C. 1337) as soon as practicable, but not later than one year after the date of enactment of this Act.
(b) Prohibition on Conflicts With Military Operations.--No person may engage in any exploration, development, or production of oil or natural gas off the coast of Virginia that would conflict with any military operation, as determined in accordance with the Memorandum of Agreement between the Department of Defense and the Department of the Interior on Mutual Concerns on the Outer Continental Shelf signed July 20, 1983, and any revision or replacement for that agreement that is agreed to by the Secretary of Defense and the Secretary of the Interior after that date but before the date of issuance of the lease under which such exploration, development, or production is conducted.
SEC. 52003. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE
SALE 222 IN THE CENTRAL GULF OF MEXICO.
(a) In General.--The Secretary shall conduct offshore oil and gas Lease Sale 222 under section 8 of the Outer Continental Shelf Lands Act (33 U.S.C. 1337) as soon as practicable, but not later than September 1, 2012.
(b) Environmental Review.--For the purposes of that lease sale, the Environmental Impact Statement for the 2007 2012 5 Year OUTER CONTINENTAL SHELF Plan and the Multi-Sale Environmental Impact Statement are deemed to satisfy the requirements of the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
SEC. 52004. ADDITIONAL LEASES.
Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) is amended by adding at the end the following:
``(i) Additional Lease Sales.--In addition to lease sales in accordance with a leasing program in effect under this section, the Secretary may hold lease sales for areas identified by the Secretary to have the greatest potential for new oil and gas development as a result of local support, new seismic findings, or nomination by interested persons.''.
SEC. 52005. DEFINITIONS.
In this title:
(1) The term ``Environmental Impact Statement for the 2007 2012 5 Year OUTER CONTINENTAL SHELF Plan'' means the Final Environmental Impact Statement for Outer Continental Shelf Oil and Gas Leasing Program: 2007 2012 (April 2007) prepared by the Secretary.
(2) The term ``Multi-Sale Environmental Impact Statement'' means the Environmental Impact Statement for Proposed Western Gulf of Mexico OUTER CONTINENTAL SHELF Oil and Gas Lease Sales 204, 207, 210, 215, and 218, and Proposed Central Gulf of Mexico OUTER CONTINENTAL SHELF Oil and Gas Lease Sales 205, 206, 208, 213, 216, and 222 (September 2008) prepared by the Secretary.
(3) The term ``Secretary'' means the Secretary of the Interior.
TITLE III--LEASING IN NEW OFFSHORE AREAS
SEC. 53001. LEASING IN THE EASTERN GULF OF MEXICO.
Section 104 of division C of the Tax Relief and Health Care Act of 2006 (Public Law 109 432; 120 Stat. 3003) is repealed.
SEC. 53002. LEASING OFFSHORE OF TERRITORIES OF THE UNITED
STATES.
Section 2(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1331) is amended, by inserting after ``control'' the following: ``or lying within the United States' exclusive economic zone and the Continental Shelf adjacent to the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, American Samoa, Guam, or the other territories of the United States''.
TITLE IV--OUTER CONTINENTAL SHELF REVENUE SHARING
SEC. 54001. DISPOSITION OF OUTER CONTINENTAL SHELF REVENUES.
Section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338) is amended--
(1) in the existing text--
(A) in the first sentence, by striking ``All rentals,'' and inserting the following:
``(c) Disposition of Revenue Under Old Leases.--All rentals,''; and
(B) in subsection (c) (as designated by the amendment made by subparagraph (A) of this paragraph), by striking ``for the period from June 5, 1950, to date, and thereafter'' and inserting ``in the period beginning June 5, 1950, and ending on the date of enactment of the Moving Ahead for Progress in the 21st Century Act'';
(2) by adding after subsection (c) (as so designated) the following:
``(d) New Leasing Revenues Defined.--In this section the term `new leasing revenues' means amounts received by the United States as bonuses, rents, and royalties under leases for oil and gas, wind, tidal, or other energy exploration, development, and production that are awarded under this Act after the date of enactment of the Moving Ahead for Progress in the 21st Century Act.''; and
(3) by inserting before subsection (c) (as so designated) the following:
``(a) Payment of New Leasing Revenues to Coastal States, Generally.--
``(1) In general.--Of the amount of new leasing revenues received by the United States each fiscal year that is described in paragraph (2), 37.5 percent shall be allocated and paid in accordance with subsection (b) to coastal States that are affected States with respect to the leases under which those revenues are received by the United States.
``(2) Phase-in.--The amount of new leasing revenues referred to in paragraph (1) is the sum determined by adding--
``(A) 35 percent of new leasing revenues received by the United States in the fiscal year under--
``(i) leases awarded under the first leasing program under section 18(a) that takes effect after the date of enactment of the Moving Ahead for Progress in the 21st Century Act; and
``(ii) other leases issued as a result of the enactment of that Act;
``(B) 70 percent of new leasing revenues received by the United States in the fiscal year under leases awarded under the second such leasing program; and
``(C) 100 percent of new leasing revenues received by the United States under leases awarded under the third such leasing program or any such leasing program taking effect thereafter.
``(b) Allocation of Payments to Coastal States.--
``(1) In general.--The amount of new leasing revenues received by the United States with respect to a leased tract that are required to be paid to coastal States in accordance with this subsection each fiscal year shall be allocated among and paid to such States that are within 200 miles of the leased tract, in amounts that are inversely proportional to the respective distances between the point on the coastline of each such State that is closest to the geographic center of the lease tract, as determined by the Secretary.
``(2) Minimum and maximum allocation.--The amount allocated to a coastal State under paragraph (1) each fiscal year with respect to a leased tract shall be--
``(A) in the case of a coastal State that is the nearest State to the geographic center of the leased tract, not less than 25 percent of the total amounts allocated with respect to the leased tract; and
``(B) in the case of any other coastal State, not less than 10 percent, and not more than 15 percent, of the total amounts allocated with respect to the leased tract.
``(3) Administration.--Amounts allocated to a coastal State under this subsection--
``(A) shall be available to the State without further appropriation;
``(B) shall remain available until expended; and
``(C) shall be in addition to any other amounts available to the State under this Act.
``(4) Use of funds.--
``(A) In general.--Except as provided in subparagraph (B), a coastal State may use funds allocated and paid to it under this subsection for any purpose as determined by State law.
``(B) Restriction on use for matching.--Funds allocated and paid to a coastal State under this subsection may not be used as matching funds for any other Federal program.''.
TITLE V--COASTAL PLAIN
SEC. 55001. DEFINITIONS.
In this title:
(1) Coastal plain.--The term ``Coastal Plain'' means that area described in appendix I to part 37 of title 50, Code of Federal Regulations.
(2) Peer reviewed.--The term ``peer reviewed'' means reviewed--
(A) by individuals chosen by the National Academy of Sciences with no contractual relationship with or those who have an application for a grant or other funding pending with the Federal agency with leasing jurisdiction; or
(B) if individuals described in subparagraph (A) are not available, by the top individuals in the specified biological fields, as determined by the National Academy of Sciences.
(3) Secretary.--The term ``Secretary'', except as otherwise provided, means the Secretary of the Interior or the Secretary's designee.
SEC. 55002. LEASING PROGRAM FOR LANDS WITHIN THE COASTAL
PLAIN.
(a) In General.--The Secretary shall take such actions as are necessary--
(1) to establish and implement, in accordance with this title and acting through the Director of the Bureau of Land Management in consultation with the Director of the United States Fish and Wildlife Service, a competitive oil and gas leasing program that will result in the exploration, development, and production of the oil and gas resources of the Coastal Plain; and
(2) to administer the provisions of this title through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other provisions that ensure the oil and gas exploration, development, and production activities on the Coastal Plain will result in no significant adverse effect on fish and wildlife, their habitat, subsistence resources, and the environment, including, in furtherance of this goal, by requiring the application of the best commercially available technology for oil and gas exploration, development, and production to all exploration, development, and production operations under this title in a manner that ensures the receipt of fair market value by the public for the mineral resources to be leased.
(b) Repeal of Existing Restriction.--
(1) Repeal.--Section 1003 of the Alaska National Interest Lands Conservation Act of 1980 (16 U.S.C. 3143) is repealed.
(2) Conforming amendment.--The table of contents in section 1 of such Act is amended by striking the item relating to section 1003.
(c) Compliance With Requirements Under Certain Other Laws.--
(1) Compatibility.--For purposes of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.), the oil and gas leasing program and activities authorized by this section in the Coastal Plain are deemed to be compatible with the purposes for which the Arctic National Wildlife Refuge was established, and no further findings or decisions are required to implement this determination.
(2) Adequacy of the department of the interior's legislative environmental impact statement.--The ``Final Legislative Environmental Impact Statement'' (April 1987) on the Coastal Plain prepared pursuant to section 1002 of the Alaska National Interest Lands Conservation Act of 1980 (16 U.S.C. 3142) and section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) is deemed to satisfy the requirements under the National Environmental Policy Act of 1969 that apply with respect to prelease activities under this title, including actions authorized to be taken by the Secretary to develop and promulgate the regulations for the establishment of a leasing program authorized by this title before the conduct of the first lease sale.
(3) Compliance with nepa for other actions.--Before conducting the first lease sale under this title, the Secretary shall prepare an environmental impact statement under the National Environmental Policy Act of 1969 with respect to the actions authorized by this title that are not referred to in paragraph (2). Notwithstanding any other law, the Secretary is not required to identify nonleasing alternative courses of action or to analyze the environmental effects of such courses of action. The Secretary shall only identify a preferred action for such leasing and a single leasing alternative, and analyze the environmental effects and potential mitigation measures for those two alternatives. The identification of the preferred action and related analysis for the first lease sale under this title shall be completed within 18 months after the date of enactment of this Act. The Secretary shall only consider public comments that specifically address the Secretary's preferred action and that are filed within 20 days after publication of an environmental analysis. Notwithstanding any other law, compliance with this paragraph is deemed to satisfy all requirements for the analysis and consideration of the environmental effects of proposed leasing under this title.
(d) Relationship to State and Local Authority.--Nothing in this title shall be considered to expand or limit State and local regulatory authority.
(e) Special Areas.--
(1) In general.--The Secretary, after consultation with the State of Alaska, the city of Kaktovik, and the North Slope Borough, may designate up to a total of 45,000 acres of the Coastal Plain as a Special Area if the Secretary determines that the Special Area is of such unique character and interest so as to require special management and regulatory protection. The Secretary shall designate as such a Special Area the Sadlerochit Spring area, comprising approximately 4,000 acres.
(2) Management.--Each such Special Area shall be managed so as to protect and preserve the area's unique and diverse character including its fish, wildlife, and subsistence resource values.
(3) Exclusion from leasing or surface occupancy.--The Secretary may exclude any Special Area from leasing. If the Secretary leases a Special Area, or any part thereof, for purposes of oil and gas exploration, development, production, and related activities, there shall be no surface occupancy of the lands comprising the Special Area.
(4) Directional drilling.--Notwithstanding the other provisions of this subsection, the Secretary may lease all or a portion of a Special Area under terms that permit the use of horizontal drilling technology from sites on leases tracts located outside the Special Area.
(f) Limitation on Closed Areas.--The Secretary's sole authority to close lands within the Coastal Plain to oil and gas leasing and to exploration, development, and production is that set forth in this title.
(g) Regulations.--
(1) In general.--The Secretary shall prescribe such regulations as may be necessary to carry out this title, including regulations relating to protection of the fish and wildlife, their habitat, subsistence resources, and environment of the Coastal Plain, by no later than 15 months after the date of enactment of this Act.
(2) Revision of regulations.--The Secretary shall, through a rule making conducted in accordance with section 553 of title 5, United States Code, periodically review and, if appropriate, revise the regulations issued under subsection
(a) to reflect a preponderance of the best available scientific evidence that has been peer reviewed and obtained by following appropriate, documented scientific procedures, the results of which can be repeated using those same procedures.
SEC. 55003. LEASE SALES.
(a) In General.--Lands may be leased under this title to any person qualified to obtain a lease for deposits of oil and gas under the Mineral Leasing Act (30 U.S.C. 181 et seq.).
(b) Procedures.--The Secretary shall, by regulation and no later than 180 days after the date of enactment of this title, establish procedures for--
(1) receipt and consideration of sealed nominations for any area of the Coastal Plain for inclusion in, or exclusion (as provided in subsection (c)) from, a lease sale;
(2) the holding of lease sales after such nomination process; and
(3) public notice of and comment on designation of areas to be included in, or excluded from, a lease sale.
(c) Lease Sale Bids.--Lease sales under this title may be conducted through an Internet leasing program, if the Secretary determines that such a system will result in savings to the taxpayer, an increase in the number of bidders participating, and higher returns than oral bidding or a sealed bidding system.
(d) Sale Acreages and Schedule.--
(1) The Secretary shall offer for lease under this title those tracts the Secretary considers to have the greatest potential for the discovery of hydrocarbons, taking into consideration nominations received pursuant to subsection
(b)(1).
(2) The Secretary shall offer for lease under this title no less than 50,000 acres for lease within 22 months after the date of the enactment of this Act.
(3) The Secretary shall offer for lease under this title no less than an additional 50,000 acres at 6-, 12-, and 18-month intervals following offering under paragraph (2).
(4) The Secretary shall conduct four additional sales under the same terms and schedule no later than two years after the date of the last sale under paragraph (3), if sufficient interest in leasing exists to warrant, in the Secretary's judgment, the conduct of such sales.
(5) The Secretary shall evaluate the bids in each sale and issue leases resulting from such sales, within 90 days after the date of the completion of such sale.
SEC. 55004. GRANT OF LEASES BY THE SECRETARY.
(a) In General.--The Secretary may grant to the highest responsible qualified bidder in a lease sale conducted under section 55003 any lands to be leased on the Coastal Plain upon payment by the such bidder of such bonus as may be accepted by the Secretary.
(b) Subsequent Transfers.--No lease issued under this title may be sold, exchanged, assigned, sublet, or otherwise transferred except with the approval of the Secretary. Prior to any such approval the Secretary shall consult with, and give due consideration to the views of, the Attorney General.
SEC. 55005. LEASE TERMS AND CONDITIONS.
(a) In General.--An oil or gas lease issued under this title shall--
(1) provide for the payment of a royalty of not less than 12\1/2\ percent in amount or value of the production removed or sold under the lease, as determined by the Secretary under the regulations applicable to other Federal oil and gas leases;
(2) provide that the Secretary may close, on a seasonal basis, portions of the Coastal Plain to exploratory drilling activities as necessary to protect caribou calving areas and other species of fish and wildlife based on a preponderance of the best available scientific evidence that has been peer reviewed and obtained by following appropriate, documented scientific procedures, the results of which can be repeated using those same procedures;
(3) require that the lessee of lands within the Coastal Plain shall be fully responsible and liable for the reclamation of lands within the Coastal Plain and any other Federal lands that are adversely affected in connection with exploration, development, production, or transportation activities conducted under the lease and within the Coastal Plain by the lessee or by any of the subcontractors or agents of the lessee;
(4) provide that the lessee may not delegate or convey, by contract or otherwise, the reclamation responsibility and liability to another person without the express written approval of the Secretary;
(5) provide that the standard of reclamation for lands required to be reclaimed under this title shall be, as nearly as practicable, a condition capable of supporting the uses which the lands were capable of supporting prior to any exploration, development, or production activities, or upon application by the lessee, to a higher or better use as certified by the Secretary;
(6) contain terms and conditions relating to protection of fish and wildlife, their habitat, subsistence resources, and the environment as required pursuant to section 55002(a)(2);
(7) provide that the lessee, its agents, and its contractors use best efforts to provide a fair share, as determined by the level of obligation previously agreed to in the 1974 agreement implementing section 29 of the Federal Agreement and Grant of Right of Way for the Operation of the Trans-Alaska Pipeline, of employment and contracting for Alaska Natives and Alaska Native corporations from throughout the State;
(8) prohibit the export of oil produced under the lease; and
(9) contain such other provisions as the Secretary determines necessary to ensure compliance with this title and the regulations issued under this title.
SEC. 55006. COASTAL PLAIN ENVIRONMENTAL PROTECTION.
(a) No Significant Adverse Effect Standard To Govern Authorized Coastal Plain Activities.--The Secretary shall, consistent with the requirements of section 55002, administer this title through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other provisions that--
(1) ensure the oil and gas exploration, development, and production activities on the Coastal Plain will result in no significant adverse effect on fish and wildlife, their habitat, and the environment;
(2) require the application of the best commercially available technology for oil and gas exploration, development, and production on all new exploration, development, and production operations; and
(3) ensure that the maximum amount of surface acreage covered by production and support facilities, including airstrips and any areas covered by gravel berms or piers for support of pipelines, does not exceed 10,000 acres on the Coastal Plain for each 100,000 acres of area leased.
(b) Site-Specific Assessment and Mitigation.--The Secretary shall also require, with respect to any proposed drilling and related activities, that--
(1) a site-specific analysis be made of the probable effects, if any, that the drilling or related activities will have on fish and wildlife, their habitat, subsistence resources, and the environment;
(2) a plan be implemented to avoid, minimize, and mitigate
(in that order and to the extent practicable) any significant adverse effect identified under paragraph (1); and
(3) the development of the plan shall occur after consultation with the agency or agencies having jurisdiction over matters mitigated by the plan.
(c) Regulations To Protect Coastal Plain Fish and Wildlife Resources, Subsistence Users, and the Environment.--Before implementing the leasing program authorized by this title, the Secretary shall prepare and promulgate regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other measures designed to ensure that the activities undertaken on the Coastal Plain under this title are conducted in a manner consistent with the purposes and environmental requirements of this title.
(d) Compliance With Federal and State Environmental Laws and Other Requirements.--The proposed regulations, lease terms, conditions, restrictions, prohibitions, and stipulations for the leasing program under this title shall require compliance with all applicable provisions of Federal and State environmental law, and shall also require the following:
(1) Standards at least as effective as the safety and environmental mitigation measures set forth in items 1 through 29 at pages 167 through 169 of the ``Final Legislative Environmental Impact Statement'' (April 1987) on the Coastal Plain.
(2) Seasonal limitations on exploration, development, and related activities, where necessary, to avoid significant adverse effects during periods of concentrated fish and wildlife breeding, denning, nesting, spawning, and migration based on a preponderance of the best available scientific evidence that has been peer reviewed and obtained by following appropriate, documented scientific procedures, the results of which can be repeated using those same procedures.
(3) That exploration activities, except for surface geological studies, be limited to the period between approximately November 1 and May 1 each year and that exploration activities shall be supported, if necessary, by ice roads, winter trails with adequate snow cover, ice pads, ice airstrips, and air transport methods, except that such exploration activities may occur at other times if the Secretary finds that such exploration will have no significant adverse effect on the fish and wildlife, their habitat, and the environment of the Coastal Plain.
(4) Design safety and construction standards for all pipelines and any access and service roads, that--
(A) minimize, to the maximum extent possible, adverse effects upon the passage of migratory species such as caribou; and
(B) minimize adverse effects upon the flow of surface water by requiring the use of culverts, bridges, and other structural devices.
(5) Prohibitions on general public access and use on all pipeline access and service roads.
(6) Stringent reclamation and rehabilitation requirements, consistent with the standards set forth in this title, requiring the removal from the Coastal Plain of all oil and gas development and production facilities, structures, and equipment upon completion of oil and gas production operations, except that the Secretary may exempt from the requirements of this paragraph those facilities, structures, or equipment that the Secretary determines would assist in the management of the Arctic National Wildlife Refuge and that are donated to the United States for that purpose.
(7) Appropriate prohibitions or restrictions on access by all modes of transportation.
(8) Appropriate prohibitions or restrictions on sand and gravel extraction.
(9) Consolidation of facility siting.
(10) Appropriate prohibitions or restrictions on use of explosives.
(11) Avoidance, to the extent practicable, of springs, streams, and river systems; the protection of natural surface drainage patterns, wetlands, and riparian habitats; and the regulation of methods or techniques for developing or transporting adequate supplies of water for exploratory drilling.
(12) Avoidance or minimization of air traffic-related disturbance to fish and wildlife.
(13) Treatment and disposal of hazardous and toxic wastes, solid wastes, reserve pit fluids, drilling muds and cuttings, and domestic wastewater, including an annual waste management report, a hazardous materials tracking system, and a prohibition on chlorinated solvents, in accordance with applicable Federal and State environmental law.
(14) Fuel storage and oil spill contingency planning.
(15) Research, monitoring, and reporting requirements.
(16) Field crew environmental briefings.
(17) Avoidance of significant adverse effects upon subsistence hunting, fishing, and trapping by subsistence users.
(18) Compliance with applicable air and water quality standards.
(19) Appropriate seasonal and safety zone designations around well sites, within which subsistence hunting and trapping shall be limited.
(20) Reasonable stipulations for protection of cultural and archeological resources.
(21) All other protective environmental stipulations, restrictions, terms, and conditions deemed necessary by the Secretary.
(e) Considerations.--In preparing and promulgating regulations, lease terms, conditions, restrictions, prohibitions, and stipulations under this section, the Secretary shall consider the following:
(1) The stipulations and conditions that govern the National Petroleum Reserve-Alaska leasing program, as set forth in the 1999 Northeast National Petroleum Reserve-Alaska Final Integrated Activity Plan/Environmental Impact Statement.
(2) The environmental protection standards that governed the initial Coastal Plain seismic exploration program under parts 37.31 to 37.33 of title 50, Code of Federal Regulations.
(3) The land use stipulations for exploratory drilling on the KIC ASRC private lands that are set forth in appendix 2 of the August 9, 1983, agreement between Arctic Slope Regional Corporation and the United States.
(f) Facility Consolidation Planning.--
(1) In general.--The Secretary shall, after providing for public notice and comment, prepare and update periodically a plan to govern, guide, and direct the siting and construction of facilities for the exploration, development, production, and transportation of Coastal Plain oil and gas resources.
(2) Objectives.--The plan shall have the following objectives:
(A) Avoiding unnecessary duplication of facilities and activities.
(B) Encouraging consolidation of common facilities and activities.
(C) Locating or confining facilities and activities to areas that will minimize impact on fish and wildlife, their habitat, and the environment.
(D) Utilizing existing facilities wherever practicable.
(E) Enhancing compatibility between wildlife values and development activities.
(g) Access to Public Lands.--The Secretary shall--
(1) manage public lands in the Coastal Plain subject to of section 811 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3121); and
(2) ensure that local residents shall have reasonable access to public lands in the Coastal Plain for traditional uses.
SEC. 55007. EXPEDITED JUDICIAL REVIEW.
(a) Filing of Complaint.--
(1) Deadline.--Subject to paragraph (2), any complaint seeking judicial review--
(A) of any provision of this title shall be filed by not later than 1 year after the date of enactment of this Act; or
(B) of any action of the Secretary under this title shall be filed--
(i) except as provided in clause (ii), within the 90-day period beginning on the date of the action being challenged; or
(ii) in the case of a complaint based solely on grounds arising after such period, within 90 days after the complainant knew or reasonably should have known of the grounds for the complaint.
(2) Venue.--Any complaint seeking judicial review of any provision of this title or any action of the Secretary under this title may be filed only in the United States Court of Appeals for the District of Columbia.
(3) Limitation on scope of certain review.--Judicial review of a Secretarial decision to conduct a lease sale under this title, including the environmental analysis thereof, shall be limited to whether the Secretary has complied with this title and shall be based upon the administrative record of that decision. The Secretary's identification of a preferred course of action to enable leasing to proceed and the Secretary's analysis of environmental effects under this title shall be presumed to be correct unless shown otherwise by clear and convincing evidence to the contrary.
(b) Limitation on Other Review.--Actions of the Secretary with respect to which review could have been obtained under this section shall not be subject to judicial review in any civil or criminal proceeding for enforcement.
(c) Limitation on Attorneys' Fees and Court Costs.--No person seeking judicial review of any action under this title shall receive payment from the Federal Government for their attorneys' fees and other court costs, including under any provision of law enacted by the Equal Access to Justice Act
(5 U.S.C. 504 note).
SEC. 55008. TREATMENT OF REVENUES.
Notwithstanding any other provision of law, 50 percent of the amount of bonus, rental, and royalty revenues from Federal oil and gas leasing and operations authorized under this title shall be deposited in the Treasury.
SEC. 55009. RIGHTS-OF-WAY ACROSS THE COASTAL PLAIN.
(a) In General.--The Secretary shall issue rights-of-way and easements across the Coastal Plain for the transportation of oil and gas produced under leases under this title--
(1) except as provided in paragraph (2), under section 28 of the Mineral Leasing Act (30 U.S.C. 185), without regard to title XI of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3161 et seq.); and
(2) under title XI of the Alaska National Interest Lands Conservation Act (30 U.S.C. 3161 et seq.), for access authorized by sections 1110 and 1111 of that Act (16 U.S.C. 3170 and 3171).
(b) Terms and Conditions.--The Secretary shall include in any right-of-way or easement issued under subsection (a) such terms and conditions as may be necessary to ensure that transportation of oil and gas does not result in a significant adverse effect on the fish and wildlife, subsistence resources, their habitat, and the environment of the Coastal Plain, including requirements that facilities be sited or designed so as to avoid unnecessary duplication of roads and pipelines.
(c) Regulations.--The Secretary shall include in regulations under section 55002(g) provisions granting rights-of-way and easements described in subsection (a) of this section.
SEC. 55010. CONVEYANCE.
In order to maximize Federal revenues by removing clouds on title to lands and clarifying land ownership patterns within the Coastal Plain, the Secretary, notwithstanding section 1302(h)(2) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3192(h)(2)), shall convey--
(1) to the Kaktovik Inupiat Corporation the surface estate of the lands described in paragraph 1 of Public Land Order 6959, to the extent necessary to fulfill the Corporation's entitlement under sections 12 and 14 of the Alaska Native Claims Settlement Act (43 U.S.C. 1611 and 1613) in accordance with the terms and conditions of the Agreement between the Department of the Interior, the United States Fish and Wildlife Service, the Bureau of Land Management, and the Kaktovik Inupiat Corporation dated January 22, 1993; and
(2) to the Arctic Slope Regional Corporation the remaining subsurface estate to which it is entitled pursuant to the August 9, 1983, agreement between the Arctic Slope Regional Corporation and the United States of America.
TITLE VI--OIL SHALE AND TAR SANDS LEASING
SEC. 56001. EFFECTIVENESS OF OIL SHALE REGULATIONS,
AMENDMENTS TO RESOURCE MANAGEMENT PLANS, AND
RECORD OF DECISION.
(a) Regulations.--Notwithstanding any other law or regulation to the contrary, the final regulations regarding oil shale management published by the Bureau of Land Management on November 18, 2008 (73 Fed. Reg. 69,414) are deemed to satisfy all legal and procedural requirements under any law, including the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and the Energy Policy Act of 2005 (Public Law 109 58), and the Secretary of the Interior shall implement those regulations, including the oil shale and tar sands leasing program authorized by the regulations, without any other administrative action necessary.
(b) Amendments to Resource Management Plans and Record of Decision.--Notwithstanding any other law or regulation to the contrary, the November 17, 2008 U.S. Bureau of Land Management Approved Resource Management Plan Amendments/Record of Decision for Oil Shale and Tar Sands Resources to Address Land Use Allocations in Colorado, Utah, and Wyoming and Final Programmatic Environmental Impact Statement are deemed to satisfy all legal and procedural requirements under any law, including the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and the Energy Policy Act of 2005 (Public Law 109 58), and the Secretary of the Interior shall implement the oil shale and tar sands leasing program authorized by the regulations referred to in subsection (a) in those areas covered by the resource management plans amended by such amendments, and covered by such record of decision, without any other administrative action necessary.
SEC. 56002. OIL SHALE AND TAR SANDS LEASING.
(a) Additional Research and Development Lease Sales.--The Secretary of the Interior shall hold a lease sale within 180 days after the date of enactment of this Act offering an additional 10 parcels for lease for research, development, and demonstration of oil shale or tar sands resources, under the terms offered in the solicitation of bids for such leases published on January 15, 2009 (74 Fed. Reg. 10).
(b) Commercial Lease Sales.--No later than January 1, 2016, the Secretary of the Interior shall hold no less than 5 separate commercial lease sales in areas considered to have the most potential for oil shale or tar sands development, as determined by the Secretary, in areas nominated through public comment. Each lease sale shall be for an area of not less than 25,000 acres, and in multiple lease blocs.
(c) Reduced Payments To Ensure Production.--The Secretary of the Interior may temporarily reduce royalties, fees, rentals, bonus, or other payments for leases of Federal lands for the development and production of oil shale resources as necessary to incentivize and encourage development of such resources, if the Secretary determines that the royalties, fees, rentals, bonus bids, and other payments otherwise authorized by law are hindering production of such resources.
______
SA 1746. Mr. LEVIN (for himself and Mr. Conrad) submitted an amendment intended to be proposed by him to the bill S. 1813, to reauthorize Federal-aid highway and highway safety construction programs, and for other purposes; which was ordered to lie on the table; as follows:
At the end, add the following:
TITLE ___--STOP TAX HAVEN ABUSE
SEC. ______. AUTHORIZING SPECIAL MEASURES AGAINST FOREIGN
JURISDICTIONS, FINANCIAL INSTITUTIONS, AND
OTHERS THAT IMPEDE UNITED STATES TAX
ENFORCEMENT.
Section 5318A of title 31, United States Code, is amended--
(1) by striking the section heading and inserting the following:
``Sec. 5318A. Special measures for jurisdictions, financial institutions, or international transactions that are of primary money laundering concern or impede United States tax enforcement'';
(2) in subsection (a), by striking the subsection heading and inserting the following:
``(a) Special Measures To Counter Money Laundering and Efforts To Impede United States Tax Enforcement.--'';
(3) in subsection (c), by striking the subsection heading and inserting the following:
``(c) Consultations and Information To Be Considered in Finding Jurisdictions, Institutions, Types of Accounts, or Transactions To Be of Primary Money Laundering Concern or To Be Impeding United States Tax Enforcement.--'';
(4) in subsection (a)(1), by inserting ``or is impeding United States tax enforcement'' after ``primary money laundering concern'';
(5) in subsection (a)(4)--
(A) in subparagraph (A)--
(i) by inserting ``in matters involving money laundering,'' before ``shall consult''; and
(ii) by striking ``and'' at the end;
(B) by redesignating subparagraph (B) as subparagraph (C); and
(C) by inserting after subparagraph (A) the following:
``(B) in matters involving United States tax enforcement, shall consult with the Commissioner of the Internal Revenue, the Secretary of State, the Attorney General of the United States, and in the sole discretion of the Secretary, such other agencies and interested parties as the Secretary may find to be appropriate; and'';
(6) in each of paragraphs (1)(A), (2), (3), and (4) of subsection (b), by inserting ``or to be impeding United States tax enforcement'' after ``primary money laundering concern'' each place that term appears;
(7) in subsection (b), by striking paragraph (5) and inserting the following:
``(5) Prohibitions or conditions on opening or maintaining certain correspondent or payable-through accounts or authorizing certain payment cards.--If the Secretary finds a jurisdiction outside of the United States, 1 or more financial institutions operating outside of the United States, or 1 or more classes of transactions within or involving a jurisdiction outside of the United States to be of primary money laundering concern or to be impeding United States tax enforcement, the Secretary, in consultation with the Secretary of State, the Attorney General of the United States, and the Chairman of the Board of Governors of the Federal Reserve System, may prohibit, or impose conditions upon--
``(A) the opening or maintaining in the United States of a correspondent account or payable-through account; or
``(B) the authorization, approval, or use in the United States of a credit card, charge card, debit card, or similar credit or debit financial instrument by any domestic financial institution, financial agency, or credit card company or association, for or on behalf of a foreign banking institution, if such correspondent account, payable-through account, credit card, charge card, debit card, or similar credit or debit financial instrument, involves any such jurisdiction or institution, or if any such transaction may be conducted through such correspondent account, payable-through account, credit card, charge card, debit card, or similar credit or debit financial instrument.''; and
(8) in subsection (c)(1), by inserting ``or is impeding United States tax enforcement'' after ``primary money laundering concern'';
(9) in subsection (c)(2)(A)--
(A) in clause (ii), by striking ``bank secrecy or special regulatory advantages'' and inserting ``bank, tax, corporate, trust, or financial secrecy or regulatory advantages'';
(B) in clause (iii), by striking ``supervisory and counter-money'' and inserting ``supervisory, international tax enforcement, and counter-money'';
(C) in clause (v), by striking ``banking or secrecy'' and inserting ``banking, tax, or secrecy''; and
(D) in clause (vi), by inserting ``, tax treaty, or tax information exchange agreement'' after ``treaty'';
(10) in subsection (c)(2)(B)--
(A) in clause (i), by inserting ``or tax evasion'' after
``money laundering''; and
(B) in clause (iii), by inserting ``, tax evasion,'' after
``money laundering''; and
(11) in subsection (d), by inserting ``involving money laundering, and shall notify, in writing, the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives of any such action involving United States tax enforcement'' after ``such action''.
______
SA 1747. Mr. CORKER submitted an amendment intended to be proposed by him to the bill S. 1813, to reauthorize Federal-aid highway and highway safety construction programs, and for other purposes; which was ordered to lie on the table; as follows:
In division D, at the end, add the following:
SEC. 40313. TRANSFER OF ALL UNOBLIGATED FUNDS WITHIN THE
ALTERNATIVE TECHNOLOGY VEHICLES MANUFACTURING
(ATVM) LOAN GUARANTEE PROGRAM AT THE DEPARTMENT
OF ENERGY INTO THE HIGHWAY TRUST FUND.
Subsection (f) of section 9503 of the Internal Revenue Code of 1986, as amended by this Act, is amended by redesignating paragraph (5) as paragraph (6) and by inserting after paragraph (4) the following new paragraph:
``(5) Transfer of all unobligated funds within the alternative technology vehicles manufacturing (atvm) loan guarantee program at the department of energy into the highway trust fund.--All unobligated funds within the Alternative Technology Vehicles Manufacturing (ATVM) loan guarantee program established under section 136 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17013) are rescinded on the date of the enactment of the Highway Investment, Job Creation, and Economic Growth Act of 2012 and out of money in the Treasury not otherwise appropriated, there are hereby appropriated to the Highway Trust Fund amounts equivalent to the amount of such rescission.''.
SEC. 40314. TRANSFER OF 1 PERCENT OF AMOUNTS ATTRIBUTABLE TO
CUSTOMS DUTIES INTO THE HIGHWAY TRUST FUND.
Section 9503(b) of the Internal Revenue Code of 1986, as amended by this Act, is further amended by adding at the end the following:
``(9) Additional customs duties.--In addition to the amounts appropriated pursuant to paragraph (8), there are hereby appropriated to the Highway Trust Fund amounts equivalent to 1 percent of amounts received in the Treasury that are attributable to duties collected on or after the date of the enactment of the Highway Investment, Job Creation, and Economic Growth Act of 2012, on articles classified under all subheadings of the Harmonized Tariff Schedule of the United States other than subheadings 8703.22.00 and 8703.24.00.''.
TITLE IV--REAL PROPERTY
SEC. 40401. EXPEDITED DISPOSAL OF EXCESS FEDERAL PROPERTY.
(a) In General.--Chapter 5 of subtitle I of title 40, United States Code, is amended by adding at the end the following:
``SUBCHAPTER VII--EXPEDITED DISPOSAL OF REAL PROPERTY
``Sec. 621. Definitions
``In this subchapter:
``(1) Administrator.--The term `Administrator' means the Administrator of General Services.
``(2) Expedited disposal of real property.--The term
`expedited disposal of real property' means a sale of real property for cash that is conducted by public auction.
``(3) Program.--The term `program' means the Federal Real Property Disposal Program established and carried out by the Administrator under this subchapter.
``Sec. 622. Federal Real Property Disposal Program
``(a) Establishment of Program.--The Administrator shall establish and carry out a program, to be known as the
`Federal Real Property Disposal Program', under which excess real property that is not meeting Federal Government needs may be disposed of through an expedited disposal of real property, in accordance with this subchapter.
``(b) Criteria for Program.--For purposes of this subchapter, the Administrator shall identify criteria for use in determining whether real property is not meeting Federal Government needs.
``(c) Proceeds Requirement.--For each fiscal year, beginning with fiscal year 2013, the Administrator shall dispose of real property generating proceeds of not less
$3,000,000,000 under the program.
``Sec. 623. Selection of real properties
``(a) In General.--The head of each executive agency shall recommend candidate disposition properties to the Administrator for participation in the program.
``(b) Selection.--After receiving recommendations for candidate disposition properties under subsection (a), the Administrator, consistent with the criteria established under section 622, shall--
``(1) select candidate properties for participation in the program; and
``(2) notify the recommending agency accordingly.
``Sec. 624. Expedited disposal requirements
``(a) Fair Market Value Requirement.--
``(1) In general.--Real property under the program may not be sold for less than the fair market value of the real property, as determined by the Administrator, in consultation with the head of the executive agency.
``(2) Costs.--Costs associated with disposal may not exceed the fair market value of the property unless the Administrator approves incurring such costs.
``(b) Monetary Proceeds Requirement.--
``(1) In general.--Real property may be sold under the program only if the sale will generate monetary proceeds to the Federal Government, as provided in subsection (a).
``(2) Prohibition on noncash transactions.--A disposal of real property under the program may not include any exchange, trade, transfer, acquisition of like-kind property, or other noncash transactions as part of the disposal.
``(c) Lease Back Prohibition.--Real property sold under the program may not be leased back to the Federal Government.
``(d) Construction.--Except as provided in subsection (e), nothing in this subchapter terminates or limits any authority that is otherwise available to agencies under other provisions of law to dispose of Federal real property.
``(e) Expedited Disposal of Real Property Exceptions.--Any expedited disposal of a real property conducted under this subchapter shall not be subject to--
``(1) subchapter IV;
``(2) sections 550 and 553;
``(3) section 501 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411);
``(4) any other provision of law authorizing the no-cost conveyance of real property owned by the Federal Government; or
``(5) any congressional notification requirement other than that in section 545.
``Sec. 625. Asset Proceeds and Space Management Fund
``(a) In General.--There is established within the Federal Buildings Fund established under section 592 an account to be known as the `Asset Proceeds and Space Management Fund', to be administered by the Administrator.
``(b) Amounts in Fund.--Notwithstanding section 3307, the following amounts shall be deposited in the Asset Proceeds and Space Management Fund and are appropriated and shall remain available until expended for the following specified purposes:
``(1) Appropriated amounts.--Such amounts as are provided in appropriations Acts, to remain available until expended, for--
``(A) expedited disposal of property described in this subchapter;
``(B) the consolidation, colocation, exchange, redevelopment, and reconfiguration of space; and
``(C) other actions.
``(2) Gross proceeds.--
``(A) In general.--Gross proceeds shall be divided between the general fund of the Treasury and the Asset Proceeds and Space Management Fund within the Federal Buildings Fund as described in subparagraph (B).
``(B) Distribution.--At the end of each fiscal year, the Director of the Office of Management and Budget, in consultation with the Administrator, shall determine how gross proceeds shall be distributed, through transfer, between the general fund and the Asset Proceeds and Space Management Fund, except that--
``(i) the general fund shall receive 100 percent of the gross proceeds for a fiscal year until the total amount of net proceeds under this subchapter for that fiscal year exceeds $50,000,000;
``(ii) the Asset Proceeds and Space Management Fund shall receive 10 percent of the gross proceeds for a fiscal year after application of clause (i); and
``(iii) the general fund shall receive the remainder of proceeds for a fiscal year after applying the reductions under clauses (i) and (ii).''.
(b) Clerical Amendment.--The table of sections at the beginning of chapter 5 of subtitle I of title 40, United States Code, is amended by inserting after the items relating to subchapter VI the following:
``subchapter vii--expedited disposal of real property
``621. Definitions.
``622. Federal Real Property Disposal Program.
``623. Selection of real properties.
``624. Expedited disposal requirements.
``625. Asset Proceeds and Space Management Fund.''.
(c) Amendment to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980.--Section 120(h)(3)(C)(i) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)(3)(C)(i)) is amended--
(1) by striking ``, with the concurrence of the Governor of the State in which the facility is located (in the case of real property at a Federal facility that is listed on the National Priorities List), or the Governor of the State in which the facility is located (in the case of real property at a Federal facility not listed on the National Priorities List)'';
(2) by adding ``and'' at the end of subclause (II);
(3) by striking subclause (III); and
(4) by redesignating subclause (IV) as subclause (III).
SEC. 40402. DOWNWARD CAP ADJUSTMENTS TO ENFORCE SALES OF
FEDERAL CIVILIAN REAL PROPERTY.
Section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new subparagraph:
``(E) Sales of federal civilian real property.--
``(i) If--
``(I) the total cash proceeds from Sales of Federal civilian real property at the end of fiscal year 2013 are less than $2,000,000,000, then there shall be a downward adjustment in the discretionary category for fiscal year 2014 by the amount of such shortfall; and
``(II) for each of fiscal years 2014 through 2020, the total cash proceeds from sales of Federal civilian real property are less than $7,000,000,000, then there shall be a downward adjustment in the discretionary category by the amount of such shortfall in the following fiscal year.
``(ii) If the discretionary spending limits set forth in subsection (c) have been revised pursuant to section 251A, adjustments made pursuant to clause (i) shall only be made to the revised non-security category set forth for each of fiscal years 2014 through 2021.
``(iii)(I) As used in this subparagraph, the term `Federal civilian real property' refers to Federal real property assets, including Federal buildings as defined in section 3301 of title 40, United States Code, occupied and improved grounds, leased space, or other physical structures under the custody and control of any Federal agency.
``(II) Subclause (I) shall not be construed as including any of the following types of property:
``(aa) Properties that are excluded for reasons of national security by the Secretary of Defense.
``(bb) Properties that are excepted from the definition of
`property' under section 102(9) of title 40, United States.''.
______
SA 1748. Mr. HOEVEN submitted an amendment intended to be proposed by him to the bill S. 1813, to reauthorize Federal-aid highway and highway safety construction programs, and for other purposes; which was ordered to lie on the table; as follows:
On page 469, after line 22, add the following:
SEC. 15__. RECYCLING AND USE OF FLY ASH.
(a) Findings.--Congress finds that--
(1) concrete is a major transportation construction material in the United States;
(2) 25 percent of the Interstate System is paved in concrete;
(3) concrete has been used to construct 65 percent of the bridges in the United States;
(4) concrete represents approximately 15 percent of the total cost of constructing and maintaining the transportation infrastructure of the United States each year;
(5) more than 75 percent of that concrete, a quantity worth approximately $9,900,000,000, uses fly ash as a partial cement replacement blend;
(6) in some States, including California, Florida, Louisiana, New Mexico, Nevada, Texas, and Utah, fly ash is used for virtually all concrete projects;
(7) fly ash concrete has a number of very significant, well-documented benefits that make fly ash concrete a mixture of choice for many State and local transportation departments and transportation engineers; and
(8) the most prevalent use of fly ash is in transportation construction projects.
(b) Use of Fly Ash.--Not later than 180 days after the date of enactment of this Act, the Secretary shall issue a statement encouraging the beneficial use of fly ash in transportation construction projects (including transportation construction projects involving the use of asphalt) that are carried out, in whole or in part, using Federal funds.
______
SA 1749. Mrs. FEINSTEIN (for herself and Mrs. Boxer) submitted an amendment intended to be proposed to amendment SA 1730 proposed by Mr. Reid to the bill S. 1813, to reauthorize Federal-aid highway and highway safety construction programs, and for other purposes; which was ordered to lie on the table; as follows:
On page 792, line 5, strike the end quote and insert the following:
``(3) Exception.--
``(A) In general.--The Secretary may not extend the deadline under paragraph (1) with respect to segments of track that the Secretary determines pose the greatest safety risk to the public and railroad employees, based upon the areas of track that have been identified in the entity's positive train control implementation plan under section 236.1011(a)(4) of title 49, Code of Federal Regulations.
``(B) Factors.--In determining whether segments of track pose the greatest safety risk to the public and railroad employees, the Secretary shall consider the following factors with respect to such segments:
``(i) Traffic volume, including tonnage and number of trains.
``(ii) The presence of mixed passenger and freight traffic, and the frequency, separation, and direction of travel of such traffic.
``(iii) The amount of poisonous inhalation hazards and other hazardous materials.
``(iv) The permissible operating speeds.
``(v) Any topographical features that increase operational risks.
``(vi) The presence of technologies that reduce the risks, such as automatic cab signal, automatic train stop, or automatic train control systems.
``(vii) Any special operating procedures that will be utilized by the carrier to reduce risks.''.
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SA 1750. Mrs. FEINSTEIN submitted an amendment intended to be proposed to amendment SA 1730 proposed by Mr. Reid to the bill S. 1813, to reauthorize Federal-aid highway and highway safety construction programs, and for other purposes; which was ordered to lie on the table; as follows:
Beginning on page 791, strike lines 14 through 25 and insert the following:
``(1) In general.--After completing the report under subsection (d), the Secretary may, upon application, extend, in 1 year increments ending on or before December 31, 2018, the implementation deadline for an entity providing rail freight transportation or regularly scheduled intercity or commuter rail passenger transportation if the Secretary determines that--
``(A) full implementation is infeasible due to circumstances beyond the control of the entity;
``(B) the entity has demonstrated good faith in implementing its positive train control implementation plan;
``(C) the entity has taken the actions to mitigate risks to successful implementation that were identified by the Secretary in the Secretary's 2012 report to Congress; and
``(D) the entity has presented a revised positive train control implementation plan describing how it will fully implement a positive train control system as soon as feasible, and not later than December 31, 2018.''.
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