Sept. 23, 2009 sees Congressional Record publish “TEXT OF AMENDMENTS”

Sept. 23, 2009 sees Congressional Record publish “TEXT OF AMENDMENTS”

ORGANIZATIONS IN THIS STORY

Volume 155, No. 135 covering the 1st Session of the 111th Congress (2009 - 2010) was published by the Congressional Record.

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 S9751-S9757 on Sept. 23, 2009.

The publication is reproduced in full below:

TEXT OF AMENDMENTS

SA 2511. Mr. COBURN submitted an amendment intended to be proposed by him to the bill H.R. 2996, making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. PROHIBITION ON NO-BID CONTRACTS AND GRANTS.

(a) Notwithstanding any other provision of this Act, none of the funds appropriated or otherwise made available by this Act may be--

(1) used to make any payment in connection with a contract not awarded using competitive procedures in accordance with the requirements of section 303 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253), section 2304 of title 10, United States Code, and the Federal Acquisition Regulation; or

(2) awarded by grant not subjected to merit-based competitive procedures, needs-based criteria, and other procedures specifically authorized by law to select the grantee or award recipient.

(b) This prohibition shall not apply to the awarding of contracts or grants with respect to which--

(1) no more than one applicant submits a bid for a contract or grant; or

(2) Federal law specifically authorizes a grant or contract to be entered into without regard for these requirements, including formula grants for States.

______

SA 2512. Mr. LAUTENBERG submitted an amendment intended to be proposed by him to the bill H.R. 2996, making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:

Beginning on page 127, strike line 11 and all that follows through page 129, line 7, and insert the following:

resources, $1,245,786,000, to remain available until September 30, 2011, except as otherwise provided herein: Provided, That not less than $1,900,000 of that amount shall be for research on, and monitoring and prevention of, white nose bat syndrome: Provided further, That $2,500,000 is for high-priority projects, which shall be carried out by the Youth Conservation Corps: Provided further, That not to exceed $22,103,000 shall be used for implementing subsections

(a), (b), (c), and (e) of section 4 of the Endangered Species Act (16 U.S.C. 1533) (except for processing petitions, developing and issuing proposed and final regulations, and taking any other steps to implement actions described in subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)) of that section, of which not to exceed $11,632,000 shall be used for any activity regarding the designation of critical habitat, pursuant to subsection (a)(3) of that section, excluding litigation support, for species listed pursuant to subsection

(a)(1) of that section prior to October 1, 2009: Provided further, That of the amount available for law enforcement, up to $400,000, to remain available until expended, may at the discretion of the Secretary be used for payment for information, rewards, or evidence concerning violations of laws administered by the Service, and miscellaneous and emergency expenses of enforcement activity, authorized or approved by the Secretary and to be accounted for solely on the Secretary's certificate: Provided further, That of the amount provided for environmental contaminants, up to

$1,000,000 may remain available until expended for contaminant sample analyses.

construction

For construction, improvement, acquisition, or removal of buildings and other facilities required in the conservation, management, investigation, protection, and utilization of fishery and wildlife resources, and the acquisition of lands and interests therein; $39,741,000, to remain available until expended.

land acquisition

For expenses necessary to carry out the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 through 460l-11), including administrative expenses, and for acquisition of land or waters, or interest therein, in accordance with statutory authority applicable to the United States Fish and Wildlife Service, $81,390,000, to be derived from the Land and Water Conservation Fund and to remain available until expended, of which, notwithstanding section 7 of that Act (16 U.S.C. 460l-9), not more than $1,500,000 shall be for land conservation partnerships authorized by the Highlands Conservation Act of 2004 (Public Law 108-421; 118 Stat. 2375), and not more than $1,400,000 shall be for the Wallkill National Wildlife Refuge: Provided, That none of the funds appropriated for specific land acquisition projects may be used to pay for any administrative overhead, planning or other management costs.

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SA 2513. Mr. SCHUMER submitted an amendment intended to be proposed by him to the bill H.R. 2996, making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:

On page 185, line 21, after ``Provided,'' insert ``That, notwithstanding section 603(d) of the Federal Water Pollution Control Act (33 U.S.C. 1383(d)) or section 1452(f) of the Safe Drinking Water Act (42 U.S.C. 300j-12(f)), in the case of the funds appropriated under this heading, each State shall use 30 percent of the amount of the capitalization grants of the State to provide additional subsidization to eligible recipients in the form of forgiveness of principal, negative interest loans, or grants (or any combination of those forms of assistance): Provided further,''.

______

SA 2514. Mrs. McCASKILL submitted an amendment intended to be proposed by her to the bill H.R. 2996, making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; as follows:

On page 135, line 2, before the period at the end, insert the following: ``, of which, notwithstanding the chart under the heading `Save America's Treasures' on page 30 of Senate Report 111-38, the entire amount shall be distributed by the Secretary of the Interior in the form of competitive grants on the basis of the following criteria: (1) the collection or historic property must be nationally significant; (2) the collection or historic property must be threatened or endangered; (3) the application must document the urgent preservation or conservation need; (4) projects must substantially mitigate the threat and must have a clear public benefit; (5) the project must be feasible; and (6) the application must document adequately the required non-Federal match''

______

SA 2515. Mr. BEGICH submitted an amendment intended to be proposed by him to the bill H.R. 2996, making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:

On page 129, line 7, insert before the period at the end the following: ``Provided further, That $1,000,000 of the funds made available for specific land acquisition projects shall be made available to implement section 6402 of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1178)''.

______

SA 2516. Mr. BEGICH submitted an amendment intended to be proposed by him to the bill H.R. 2996, making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:

On page 197, line 1, strike ``$2,582,000'' and insert

``$5,000,000''.

______

SA 2517. Mrs. FEINSTEIN submitted an amendment intended to be proposed by her to the bill H.R. 2996, making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:

On page 240, between lines 13 and 14, insert the following:

SEC. 423. PROHIBITION ON USE OF FUNDS.

None of the funds made available under this Act may be used to apply the permit program under part C of title I, or under title V, of the Clean Air Act (42 U.S.C. 7440 et seq., 7661 et seq.) to any stationary source, on the basis of its emissions of greenhouse gases, that--

(1) is a farm, as the term is defined in section 6420(c)(2) of the Internal Revenue Code of 1986; or

(2) is not subject to the requirement to report greenhouse gas emissions under the final Environmental Protection Agency rule entitled ``Mandatory Reporting of Greenhouse Gases'' and numbered 2060-A079.

______

SA 2518. Mrs. FEINSTEIN (for herself, Mr. Johnson, Mr. Shelby, Mr. Bond, Mr. Brownback, and Mr. Roberts) submitted an amendment intended to be proposed by her to the bill H.R. 2996, making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:

On page 190, line 10, insert before the period at the end the following: ``: Provided further, That, notwithstanding House Report 107-272, the amount of $1,000,000 made available to the Southeast Alabama Regional Water Authority for a water facility project and the amount of $2,500,000 made available to the Alabama Regional Water Authority for the Southwest Alabama Rural/Municipal Water System may, at the discretion of the Administrator, be made available to the city of Thomasville for those projects: Provided further, That, notwithstanding House Report 108-10, the amount of $450,000 made available to the Southwest Alabama Regional Water Authority for water infrastructure improvements may, at the discretion of the Administrator, be made available to the city of Thomasville for that project: Provided further, That, notwithstanding House Report 108-401, the amount of $450,000 made available to the Southwest Alabama Regional Water supply District for regional water supply distribution in Thomasville, Alabama, may, at the discretion of the Administrator, be made available to the city of Thomasville for that project: Provided further, That, notwithstanding House Report 108-401, the amount of $2,000,000 made available to the Tom Bevill Reservoir Management Area Authority for construction of a drinking water reservoir in Fayette County, Alabama, may, at the discretion of the Administrator, be made available to Fayette County, Alabama, for water system upgrades: Provided further, That, notwithstanding the joint explanatory statement of the Committee on Appropriations of the House of Representatives accompanying Public Law 111-8

(123 Stat. 524), the amount of $500,000 made available to the San Bernardino Municipal Water District for the Inland Empire alternative water supply project (as described in the table entitled `Congressionally Designated Spending' contained in section 430 of that joint explanatory statement) may, at the discretion of the Administrator, be made available to the city of San Bernardino municipal water department for that project: Provided further, That, notwithstanding the joint explanatory statement of the Committee on Appropriations of the House of Representatives accompanying the Consolidated Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 1844), from funds made available by that Act for the State and Tribal Assistance Grants program, $170,800 may, at the discretion of the Administrator, be made available to the city of Prescott for a wastewater treatment plant construction project and $129,200 may, at the discretion of the Administrator, be made available to the city of Wichita for a storm water technology pilot project: Provided further, That, notwithstanding the joint explanatory statement of the Committee on Appropriations of the House of Representatives accompanying the Omnibus Appropriations Act, 2009 (Public Law 111-8; 123 Stat. 524), the amount of $185,000 made available to the city of Manhattan for the sewer mainline extension project (as described in the table entitled `Congressionally Designated Spending' contained in section 430 of that joint explanatory statement) may, at the discretion of the Administrator, be made available to the city of Manhattan for a water mainline extension project: Provided further, That, notwithstanding the joint explanatory statement of the Committee on Appropriations of the House of Representatives accompanying the Omnibus Appropriations Act, 2009 (Public Law 111-8; 123 Stat. 524), the amount of $290,000 made available to the Riley County Board of Commissioners for the Konza Sewer Main Extension project (as described in the table entitled `Congressionally Designated Spending' contained in section 430 of that joint explanatory statement) may, at the discretion of the Administrator, be made available to the city of Manhattan for the Konza Water Main Extension project: Provided further, That, notwithstanding the joint explanatory statement of the Committee on Appropriations of the House of Representatives accompanying Public Law 111-8 (123 Stat. 524), the amount of $1,300,000 made available to the City of Warrensburg, Missouri for a drinking water and wastewater infrastructure project (as described in the table entitled

`Congressionally Designated Spending' contained in section 430 of that joint explanatory statement) may, at the discretion of the Administrator, be made available to Johnson County, Missouri for that project: Provided further, That, notwithstanding the joint explanatory statement of the Committee on Appropriations of the House of Representatives accompanying Public Law 111-8 (123 Stat. 524), the amount of

$ 1,000,000 made available to the City of Gravois Mills for wastewater infrastructure (as described in the table entitled

`Congressionally Designated Spending' contained in section 430 of that joint explanatory statement) may, at the discretion of the Administrator, be made available to the Gravois Arm Sewer District for that project: Provided further, That, notwithstanding the joint explanatory statement of the Committee on Appropriations of the House of Representatives accompanying Public Law 111-8 (123 Stat. 524), the amount of $500,000 made available to McDonald County, Missouri for a wastewater infrastructure expansion project (as described in the table entitled `Congressionally Designated Spending' contained in section 430 of that joint explanatory statement) may, at the discretion of the Administrator, be made available to PWSD #1 of McDonald County, Missouri for that project: Provided further, That, notwithstanding the joint explanatory statement of the Committee on Appropriations of the House of Representatives accompanying Public Law 110-161 (121 Stat. 1844), the amount of $150,000 made available to the City of Hayti, Pemiscot Consolidated Public Water Supply District 1 for a Water Storage Tank (as described in the section entitled `STAG Infrastructure Grants/Congressional Priorities' on page 1264 of the joint explanatory statement) may, at the discretion of the Administrator, be made available to Pemiscot Consolidated Public Water Supply District 1 for a drinking water source protection infrastructure project: Provided further, That, notwithstanding the joint explanatory statement of the Committee on Appropriations of the House of Representatives accompanying Public Law 111-8 (123 Stat. 524), the amount of

$400,000 made available to the City of Lake Norden, South Dakota, for wastewater infrastructure improvements (as described in the table entitled `Congressionally Designated Spending' contained in section 430 of that joint explanatory statement) may, at the discretion of the Administrator, be made available to the City of Lake Norden, South Dakota, for drinking water infrastructure improvements''.

______

SA 2519. Mrs. FEINSTEIN submitted an amendment intended to be proposed by her to the bill H.R. 2996, making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:

On page 179, strike line 7 and all that follows through page 180, line 9, and insert the following:

Sec. 120. Prior to the expiration on November 30, 2012 of the Drake's Bay Oyster Company's Reservation of Use and Occupancy and associated special use permit (``existing authorization'') within Drake's Estero at Point Reyes National Seashore, notwithstanding any other provision of law, the Secretary of the Interior is authorized to issue a special use permit with the same terms and conditions as the existing authorization, except as provided herein, for a period of 10 years from November 30, 2012: Provided, That such extended authorization is subject to annual payments to the United States based on the fair market value of the use of the Federal property for the duration of such renewal. The Secretary shall take into consideration recommendations of the National Academy of Sciences Report pertaining to shellfish mariculture in Point Reyes National Seashore before modifying any terms and conditions of the extended authorization.

______

SA 2520. Mrs. FEINSTEIN (for herself, Mr. Reid, and Mrs. Boxer, and Mr. Ensign) submitted an amendment intended to be proposed by her to the bill H.R. 2996, making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:

On page 128, line 10, before the period at the end, insert the following: ``Provided further, That of the amount provided for aquatic invasive species, up to $800,000 shall be used for study, construction, staffing, and other expenses necessary to conduct vessel inspection and decontamination at stations to be located away from boat and vessel ramps at Lake Tahoe, Echo Lake, and Fallen Leaf Lake in the State of California''.

______

SA 2521. Mrs. FEINSTEIN submitted an amendment intended to be proposed by her to the bill H.R. 2996, making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:

On page 190, line 10, insert before the period at the end the following: ``: Provided further, That, notwithstanding section 422, of the funds made available under this heading,

$500,000 shall be for the city of Eureka, California, for the Martin Slough interceptor project and $500,000 shall be for Lake County, California, for wastewater system improvements''.

______

SA 2522. Mr. FEINGOLD submitted an amendment intended to be proposed by him to the bill H.R. 2996, making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:

On page 240, between lines 13 and 14, insert the following:

Sec. 4__. Section 404(c) of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7624(c)) is amended--

(1) in paragraph (1), by striking ``Agricultural Research Service'' and inserting ``Department of Agriculture''; and

(2) by adding at the end the following:

``(3) Authority of secretary.--To carry out a cooperative agreement with a private entity under paragraph (1), the Secretary may rent to the private entity equipment, the title of which is held by the Federal Government.''.

______

SA 2523. Mr. COBURN submitted an amendment intended to be proposed by him to the bill H.R. 2996, making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. PROHIBITION ON USE OF FUNDS TO IMPEDE OPERATIONAL

CONTROL.

None of the funds made available by this Act may be used to impede, prohibit, or restrict activities of the Secretary of Homeland Security on public lands to achieve operational control (as defined in section 2(b) of the Secure Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-367) over the international land and maritime borders of the United States.

______

SA 2524. Mr. SHELBY submitted an amendment intended to be proposed by him to the bill H.R. 2996, making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:

On page 190, line 10, insert before the period at the end the following: ``: Provided further, That, notwithstanding House Report 107-272, the amount of $1,000,000 made available to the Southeast Alabama Regional Water Authority for a water facility project and the amount of $2,500,000 made available to the Alabama Regional Water Authority for the Southwest Alabama Rural/Municipal Water System shall be made available to the city of Thomasville for those projects: Provided further, That, notwithstanding House Report 108-10, the amount of $450,000 made available to the Southwest Alabama Regional Water Authority for water infrastructure improvements shall be made available to the city of Thomasville for that project: Provided further, That, notwithstanding House Report 108-401, the amount of $450,000 made available to the Southwest Alabama Regional Water supply District for regional water supply distribution in Thomasville, Alabama, shall be made available to the city of Thomasville for that project''.

______

SA 2525. Mr. SHELBY submitted an amendment intended to be proposed by him to the bill H.R. 2996, making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:

On page 190, line 10, insert before the period at the end the following: ``: Provided further, That, notwithstanding House Report 108-401, the amount of $2,000,000 made available to the Tom Bevill Reservoir Management Area Authority for construction of a drinking water reservoir in Fayette County, Alabama, shall be made available to Fayette County, Alabama, for water system upgrades''.

______

SA 2526. Mr. HATCH (for himself and Mr. Barrasso) submitted an amendment intended to be proposed by him to the bill H.R. 2996, making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:

On page 240, between lines 13 and 14, insert the following:

implementation of rules

Sec. 4__. None of the funds made available by this Act may be used by the Administrator of the Environmental Protection Agency to carry out, finalize, or implement the proposed rule of the Administrator entitled ``Proposed Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act'' (74 Fed. Reg. 18886

(April 24, 2009)) or the proposed rule of the Administrator and the Secretary of Transportation entitled ``Proposed Rulemaking to Establish Light-Duty Vehicle Greenhouse Gas Emission Standards and Corporate Average Fuel Economy Standards'' (Document No. EPA-HQ-OAR-2009-0472 (September 15, 2009)) until such time as Congress enacts a Federal law authorizing those actions.

______

SA 2527. Mr. BENNETT submitted an amendment intended to be proposed by him to the bill H.R. 2996, making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:

On page 240, between lines 13 and 14, insert the following:

Sec. 4__. Section 1971(1) of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 460www note; Public Law 111-11) is amended by striking ``December 18, 2008'' and inserting ``September 20, 2009''.

______

SA 2528. Mr. HARKIN submitted an amendment intended to be proposed by him to the bill H.R. 2996, making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:

On page 190, line 10, insert before the period at the end the following: ``: Provided further, That, notwithstanding any other provision of this Act, no funds made available under this heading shall be used for water infrastructure improvements for the City of Safford, Arizona''.

______

SA 2529. Mr. BEGICH submitted an amendment intended to be proposed by him to the bill H.R. 2996, making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:

On page 240, between lines 13 and 14, insert the following:

SECTION 4__. CHUGACH WHISTLE STOP PARTNERSHIP FUND.

(a) Definitions.--In this section:

(1) Fund.--The term ``Fund'' means the Chugach Whistle Stop Partnership Project Fund established by subsection (c)(1).

(2) National forest.--The term ``National Forest'' means the Chugach National Forest.

(3) Secretary.--The term ``Secretary'' means the Secretary of Agriculture.

(b) Spencer Mineral Materials Project Funds.--The Secretary shall deposit into the Treasury each amount received by the Secretary through the contract for the sale of mineral materials described in the notice of intent to prepare an environmental impact statement entitled ``Chugach National Forest, Glacier Ranger District, Alaska--Spencer Mineral Materials Project'' and published by the Secretary on March 2, 2007 (72 Fed. Reg. 9501).

(c) Chugach Whistle Stop Partnership Project Fund.--

(1) Establishment.--There is established in the Treasury of the United States a revolving fund, to be known as the

``Chugach Whistle Stop Partnership Project Fund'', consisting of such amounts as are appropriated to the Fund under paragraph (2).

(2) Transfers to fund.--There are appropriated to the Fund, out of funds of the Treasury not otherwise appropriated, amounts equivalent to the amounts deposited by the Secretary into the Treasury under subsection (b).

(3) Expenditures from fund.--

(A) In general.--Subject to subparagraphs (B) and (C), on request by the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary such amounts as the Secretary determines are necessary to carry out activities under paragraph (5).

(B) Administrative expenses.--An amount not exceeding 10 percent of the amounts in the Fund shall be available for each fiscal year to pay the administrative expenses necessary to carry out this Act.

(C) Priority regarding use of funds.--Any amounts made available through an appropriations Act for use by the Secretary to carry out an activity under paragraph (5) shall be expended before the Secretary may request an amount under subparagraph (A) to carry out the activity.

(4) Transfers of amounts.--

(A) In general.--The amounts required to be transferred to the Fund under this subsection shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury.

(B) Adjustments.--Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred.

(5) Use of funds.--The Secretary shall use amounts transferred to the Secretary under paragraph (3)(A) to carry out--

(A) the administration of the mineral materials contract described in subsection (b); and

(B) the implementation of the Whistle Stop partnership project in the National Forest, including--

(i) the restoration and enhancement of natural resources in the National Forest;

(ii) the construction, enhancement, repair, and maintenance of--

(I) recreation and rail facilities;

(II) trails, associated infrastructure, and transportation equipment; and

(III) visitor services; and

(iii) the interpretation and provision of any other visitor information or service.

(d) Effect.--Nothing in this Act affects the responsibility of the Secretary to comply with applicable environmental laws

(including regulations).

(e) Termination of Authority.--The authority provided by this Act terminates on the date on which the mineral materials contract described in subsection (b) terminates.

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SA 2530. Ms. MURKOWSKI (for herself and Mr. Thune) submitted an amendment intended to be proposed by her to the bill H.R. 2996, making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:

On page 192, between lines 6 and 7, insert the following:

General Provisions, Environmental Protection Agency

carbon dioxide

Sec. 201. (a) No action taken by the Environmental Protection Agency using funds made available under this Act shall have the effect of making carbon dioxide a pollutant subject to regulation under the Clean Air Act (42 U.S.C. 7401 et seq.) for any source other than a mobile source as described in section 202(a) of that Act (42 U.S.C. 7521(a)).

(b) Nothing in this section prohibits the expenditure of funds by the Environmental Protection Agency--

(1) to undertake studies or conduct reasonable information-gathering that is preparatory to the regulation of carbon dioxide under the Clean Air Act (42 U.S.C. 7401 et seq.);

(2) to implement the renewable fuels standard requirements of section 211(o) of that Act (42 U.S.C. 7545(o));

(3) to continue to issue permits for the construction or modification of any sources other than a mobile source (as described in section 202(a) of that Act (42 U.S.C. 7521(a))) in areas for which the Administrator of the Environmental Protection Agency has jurisdiction, including certain portions of the outer Continental Shelf;

(4) to issue regulations governing the injection of carbon dioxide underground to enable the development of clean coal power generation facilities, including facilities eligible for funding under the Clean Coal Power Initiative of the Department of Energy and the American Recovery and Reinvestment Act of 2009 (Public Law 111-5);

(5) to issue and enforce regulations relating to the reporting of greenhouse gas emissions;

(6) to develop, or collaborate with other agencies on the development of, an innovative, voluntary carbon offset program or other approaches (including assistance measures to energy and trade intensive manufacturers) designed to lower the costs that may be associated with any global climate change mitigation measures established or approved by Congress;

(7) to permit energy infrastructure construction on or near Federal land; or

(8) to finalize and apply the proposed rule entitled

``Proposed Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act''

(74 Fed. Reg. 18886 (April 24, 2009)), if the rule and the consequences of the rule are limited solely to section 202(a) of that Act (42 U.S.C. 7521(a)).

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SA 2531. Mr. REID submitted an amendment intended to be proposed by him to the bill H.R. 2996, making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:

On page 183, line 14, before the period, insert the following: ``: Provided, That, at the discretion of the Administrator of the Environmental Protection Agency, from the funds included under this heading, $500,000 may be made available for preliminary planning and design of a high-performance green building to consolidate the multiple offices and research facilities of the Environmental Protection Agency in Las Vegas, Nevada''.

______

SA 2532. Mr. MERKLEY submitted an amendment intended to be proposed by him to the bill H.R. 2996, making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:

On page 240, between lines 13 and 14, insert the following:

Sec. 4__. (a) Of the funds made available by this Act for forest products programs to be carried out by the Forest Service, not less than $10,000,000 shall be used to accelerate the implementation of stewardship contracts, including through the conduct of reviews of stewardship contracts under the National Environmental Policy Act of 1969

(42 U.S.C. 4321 et seq.)--

(1) by increasing capacity; and

(2) through the use of local nonprofit contractors, as appropriate and consistent with each appropriate--

(A) Federal law (including regulations); and

(B) policy of the Forest Service.

(b) Of the funds made available by this Act for forestry management to be carried out by the Bureau of Land Management, not less than $10,000,000 shall be used to accelerate the implementation of stewardship contracts (of which not less than $5,000,000 shall be used for parcels of Oregon and California land-grant land and not less than

$5,000,000 shall be used for parcels of public domain land), including through the conduct of reviews of stewardship contracts under the National Environmental Policy Act of 1969

(42 U.S.C. 4321 et seq.)--

(1) by increasing capacity; and

(2) through the use of local nonprofit contractors, as appropriate and consistent with each appropriate--

(A) Federal law (including regulations); and

(B) policy of the Bureau of Land Management.

(c) Of the funds made available by this Act for the United States Fish and Wildlife Service, the Director of the United States Fish and Wildlife Service shall use such funds as are necessary to provide consultation and assist in the acceleration of stewardship contracts described in this section.

______

SA 2533. Mr. MERKLEY submitted an amendment intended to be proposed by him to the bill H.R. 2996, making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:

On page 240, between lines 13 and 14, insert the following:

Sec. 4__. (a) Of the funds made available by this Act for forest products programs to be carried out by the Forest Service, not less than $10,000,000 shall be used to accelerate the implementation of stewardship contracts, including through the conduct of reviews of stewardship contracts under the National Environmental Policy Act of 1969

(42 U.S.C. 4321 et seq.)--

(1) by increasing capacity; and

(2) through the use of local nonprofit contractors, as appropriate and consistent with each appropriate--

(A) Federal law (including regulations); and

(B) policy of the Forest Service.

(b) Of the funds made available by this Act for forestry management to be carried out by the Bureau of Land Management, not less than $10,000,000 shall be used to accelerate the implementation of stewardship contracts, including through the conduct of reviews of stewardship contracts under the National Environmental Policy Act of 1969

(42 U.S.C. 4321 et seq.)--

(1) by increasing capacity; and

(2) through the use of local nonprofit contractors, as appropriate and consistent with each appropriate--

(A) Federal law (including regulations); and

(B) policy of the Bureau of Land Management.

(c) Of the funds made available by this Act for the United States Fish and Wildlife Service, the Director of the United States Fish and Wildlife Service shall use such funds as are necessary to provide consultation and assist in the acceleration of stewardship contracts described in this section.

______

SA 2534. Mr. WHITEHOUSE submitted an amendment intended to be proposed by him to the bill H.R. 2996, making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

Sec. __. It the sense of the Senate that the Senate--

(1) supports the National Vehicle Mercury Switch Recovery Program as an effective way to reduce mercury pollution from electric arc furnaces used by the steel industry to melt scrap metal from old vehicles; and

(2) urges the founders of the Program to find a way to fund the Program so that the successful efforts of the Program to reduce mercury pollution may continue.

______

SA 2535. Mr. BARRASSO submitted an amendment intended to be proposed by him to the bill H.R. 2996, making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:

In the matter under the heading ``Federal trust programs

(including transfer of funds)'' under the heading ``Office of the special trustee for american indians'' under the heading

``Department of the Interior'' of title I, insert ``, and of which $1,500,000 shall be available for the estate planning assistance program under section 207(f) of the Indian Land Consolidation Act (25 U.S.C. 2206(f))'' after ``historical accounting''.

______

SA 2536. Mr. BINGAMAN submitted an amendment intended to be proposed by him to the bill H.R. 2996, making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:

On page 134, line 13, strike ``$67,438,000,'' and insert

``$67,638,000''.

______

SA 2537. Mr. BARRASSO submitted an amendment intended to be proposed by him to the bill H.R. 2996, making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:

On page 240, between lines 13 and 14, insert the following:

SEC. 423. CABIN USER FEES.

Notwithstanding any other provision of law, none of the funds made available by this Act shall be used to increase the amount of cabin user fees under section 608 of the Cabin User Fee Fairness Act of 2000 (16 U.S.C. 6207) to an amount greater than the amount levied on December 31, 2008.

______

SA 2538. Mr. BINGAMAN (for himself, Mr. Crapo, Mr. Wyden, Mr. Risch, Mr. Baucus, Ms. Murkowski, Mrs. Murray, Mr. Udall of Colorado, Mr. Bennet, Mr. Akaka, Mr. Udall of New Mexico, Mr. Begich, Mr. Merkley, Ms. Cantwell, Mr. Tester, and Mrs. Boxer) submitted an amendment intended to be proposed by him to the bill H.R. 2996, making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:

Beginning on page 197, strike line 3 and all that follows through page 200, line 13, and insert the following:

wildland fire management

(including transfers of funds)

For necessary expenses for forest fire presuppression activities on National Forest System lands, for emergency fire suppression on or adjacent to such lands or other lands under fire protection agreement, hazardous fuels reduction on or adjacent to such lands, and for emergency rehabilitation of burned-over National Forest System lands and water,

$2,576,637,000, to remain available until expended: Provided, That such funds including unobligated balances under this heading, are available for repayment of advances from other appropriations accounts previously transferred for such purposes: Provided further, That such funds shall be available to reimburse State and other cooperating entities for services provided in response to wildfire and other emergencies or disasters to the extent such reimbursements by the Forest Service for non-fire emergencies are fully repaid by the responsible emergency management agency: Provided further, That, notwithstanding any other provision of law,

$8,000,000 of funds appropriated under this appropriation shall be used for Fire Science Research in support of the Joint Fire Science Program: Provided further, That all authorities for the use of funds, including the use of contracts, grants, and cooperative agreements, available to execute the Forest and Rangeland Research appropriation, are also available in the utilization of these funds for Fire Science Research: Provided further, That funds provided shall be available for emergency rehabilitation and restoration, hazardous fuels reduction activities in the urban-wildland interface, support to Federal emergency response, and wildfire suppression activities of the Forest Service: Provided further, That of the funds provided, $340,285,000 is for hazardous fuels reduction activities, $11,500,000 is for rehabilitation and restoration, $23,917,000 is for research activities and to make competitive research grants pursuant to the Forest and Rangeland Renewable Resources Research Act, as amended (16 U.S.C. 1641 et seq.), $56,250,000 is for State fire assistance, $9,000,000 is for volunteer fire assistance,

$17,252,000 is for forest health activities on Federal lands and $9,928,000 is for forest health activities on State and private lands: Provided further, That amounts in this paragraph may be transferred to the ``State and Private Forestry'', ``National Forest System'', and ``Forest and Rangeland Research'' accounts to fund State fire assistance, volunteer fire assistance, forest health management, forest and rangeland research, the Joint Fire Science Program, vegetation and watershed management, heritage site rehabilitation, and wildlife and fish habitat management and restoration: Provided further, That up to $15,000,000 of the funds provided under this heading for hazardous fuels treatments may be transferred to and made a part of the

``National Forest System'' account at the sole discretion of the Chief of the Forest Service 30 days after notifying the House and the Senate Committees on Appropriations: Provided further, That the costs of implementing any cooperative agreement between the Federal Government and any non-Federal entity may be shared, as mutually agreed on by the affected parties: Provided further, That in addition to funds provided for State Fire Assistance programs, and subject to all authorities available to the Forest Service under the State and Private Forestry Appropriation, up to $15,000,000 may be used on adjacent non-Federal lands for the purpose of protecting communities when hazard reduction activities are planned on national forest lands that have the potential to place such communities at risk: Provided further, That funds made available to implement the Community Forest Restoration Act, Public Law 106-393, title VI, shall be available for use on non-Federal lands in accordance with authorities available to the Forest Service under the State and Private Forestry Appropriation: Provided further, That the Secretary of the Interior and the Secretary of Agriculture may authorize the transfer of funds appropriated for wildland fire management, in an aggregate amount not to exceed $10,000,000, between the Departments when such transfers would facilitate and expedite jointly funded wildland fire management programs and projects: Provided further, That of the funds provided for hazardous fuels reduction, not to exceed $10,000,000, may be used to make grants, using any authorities available to the Forest Service under the State and Private Forestry appropriation, for the purpose of creating incentives for increased use of biomass from national forest lands: Provided further, That funds designated for wildfire suppression shall be assessed for cost pools on the same basis as such assessments are calculated against other agency programs.

collaborative forest landscape restoration fund

For expenses authorized by section 4003(f) of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303(f)),

$10,000,000, to remain available until expended.

______

SA 2539. Mr. THUNE submitted an amendment intended to be proposed by him to the bill H.R. 2996, making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:

On page 240, between lines 13 and 14, insert the following:

prohibition

Sec. 4__. Notwithstanding any other provision of law, for fiscal year 2010, no funds may be used by the Administrator of the Environmental Protection Agency to regulate emissions of carbon dioxide from stationary sources under any final version of the proposed rule of the Administrator entitled

``Proposed Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act''

(74 Fed. Reg. 18886 (April 24, 2009)) if the regulation of those emissions would increase electricity or gasoline prices, as determined by the Energy Information Administration.

______

SA 2540. Mr. THUNE submitted an amendment intended to be proposed by him to the bill H.R. 2996, making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:

On page 240, between lines 13 and 14, insert the following:

prohibition

Sec. 4__. Notwithstanding any other provision of law, for fiscal year 2010, no funds may be used by the Administrator of the Environmental Protection Agency to regulate emissions of carbon dioxide from stationary sources under any final version of the proposed rule of the Administrator entitled

``Proposed Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act''

(74 Fed. Reg. 18886 (April 24, 2009)) if the regulation of those emissions would increase electricity or gasoline prices, as determined by the Energy Information Administration.

______

SA 2541. Mr. CHAMBLISS (for himself and Mr. Isakson) submitted an amendment intended to be proposed by him to the bill H.R. 2996, making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:

On page 185, line 18, insert before ``of which'' the following: ``of which $5,000,000 shall be made available to repair drinking water and wastewater infrastructure in the State of Georgia damaged by the September 2009 floods and''.

______

SA 2542. Mr. CARDIN submitted an amendment intended to be proposed by him to the bill H.R. 2996, making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:

On page 240, between lines 13 and 14, insert the following:

Sec. 4___. None of the funds made available by this Act may be used by the Administrator of the Environmental Protection Agency to approve any permit associated with any surface mining activity that involves the removal of an entire coal seam from outcrop to outcrop, or of seams running through the upper fraction of a mountain, ridge, or hill, by removing substantially all of the overburden off the mine bench.

______

SA 2543. Mr. TESTER (for himself, Mr. Crapo, Mr. Baucus, Mr. Johanns, Mr. Barrasso, Mr. Wyden, Mr. Dorgan, and Mr. Grassley) submitted an amendment intended to be proposed by him to the bill H.R. 2996, making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:

On page 193, strike lines 9 through 20 and insert the following:

$1,552,429,000, to remain available until expended, which shall include 50 percent of all moneys received during prior fiscal years as fees collected under the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.) in accordance with section 4 of that Act (16 U.S.C. 460l-6a(i)): Provided, That, through fiscal year 2014, the Secretary of Agriculture may authorize the expenditure or transfer of such sums as are necessary to the Secretary of the Interior for removal, preparation, and adoption of excess wild horses and burros from National Forest System land and for the performance of cadastral surveys to designate the boundaries of such land: Provided further, That $282,617,000 shall be made available for recreation, heritage, and wilderness: Provided further, That none of the funds made available by this Act shall be used to increase the amount of cabin user fees under section 608 of the Cabin User Fee Fairness Act of 2000 (16 U.S.C. 6207) to an amount beyond the amount levied on December 31, 2009.

______

SA 2544. Mr. JOHNSON submitted an amendment intended to be proposed by him to the bill H.R. 2996, making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:

On page 181, after line 25, insert the following:

qualified school construction bonds

Sec. 1___. (a) For purposes of the allocation and repayment of qualified school construction bonds under section 54F(d)(4) of the Internal Revenue Code of 1986, the Secretary of the Interior (in this section referred to as the

``Secretary'') may establish a tribal school construction escrow account into which may be deposited--

(1) funds furnished by or on behalf of any Indian tribal government as necessary to support issuance of the bonds by such Indian tribal government (including interest earnings from the investment of the bond proceeds), and

(2) amounts from, as the Secretary determines appropriate, other Federal departments and agencies (such as amounts made available for facility improvement and repairs) and non-Federal public or private sources for purposes of supporting such issuance.

(b) The Secretary shall use any amounts deposited in the escrow account under subsection (a) for the repayment of the principal amount of such issued bonds.

(c) Notwithstanding any other provision of law, the principal amount of any qualified school construction bond issued under section 54F(d)(4) of such Code shall be repaid only to the extent of any escrowed funds provided under subsection (a).

(d) No qualified school construction bond issued under section 54F(d)(4) of such Code shall be an obligation of, and no payment of the principal of such a bond shall be guaranteed by--

(1) the United States; or

(2) the tribal school for which the bond was issued.

(e) The Secretary may promulgate such regulations as necessary with regard to issuance of the qualified school construction bonds under section 54F(d)(4) of such Code.

______

SA 2545. Mr. WEBB submitted an amendment intended to be proposed by him to the bill H.R. 2996, making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:

On page 135, line 8, insert before the period at the end the following: ``, of which $300,000 shall be made available for a special resource study of the General of the Army George Catlett Marshall National Historic Site at Dodona Manor in Leesburg, Virginia''.

On page 240, between lines 13 and 14, insert the following:

SEC. 423. GEORGE C. MARSHALL NATIONAL HISTORIC SITE STUDY.

(a) Study.--The Secretary of the Interior (referred to in this section as the ``Secretary'') shall conduct a special resource study of the Dodona Manor and gardens in Leesburg, Virginia, the home of George C. Marshall during the most important period of Marshall's career (referred to in this section as the ``study area'').

(b) Contents.--In conducting the study under subsection

(a), the Secretary shall--

(1) evaluate the national significance of the study area and the surrounding area;

(2) determine the suitability and feasibility of designating the study area as an affiliated area of the National Park System;

(3) consider other alternatives for the preservation, protection, and interpretation of the study area by--

(A) the Federal Government;

(B) State or local governmental entities; or

(C) private or nonprofit organizations;

(4) consult with interested--

(A) Federal, State, or local governmental entities;

(B) private or nonprofit organizations; or

(C) any other interested individuals; and

(5) identify cost estimates for any Federal acquisition, development, interpretation, operation, and maintenance associated with the alternatives considered under paragraph

(3).

(c) Applicable Law.--The study required under subsection

(a) shall be conducted in accordance with section 8 of Public Law 91-383 (16 U.S.C. 1a-5).

(d) Report.--Not late than 3 years after the date on which funds are first made available to carry out the study under subsection (a), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that contains a description of--

(1) the results of the study; and

(2) any conclusions and recommendations of the Secretary.

______

SA 2546. Mr. BINGAMAN proposed an amendment to the bill H.R. 1035, to amend the Morris K. Udall Scholarship and Excellence in National Environmental and Native American Public Policy Act of 1992 to honor the legacy of Stewart L. Udall, and for other purposes; as follows:

Beginning on page 8, strike line 14 and all that follows through page 9, line 2.

______

SA 2547. Mr. BOND submitted an amendment intended to be proposed to amendment SA 2517 submitted by Mrs. Feinstein and intended to be proposed to the bill H.R. 2996, making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:

On page 2, line 2, strike ``or''.

On page 2, line 7, strike the period and insert ``; or''.

On page 2, after line 7, add the following:

(3) is in a manufacturing- or coal-dependent region of the United States (such as the Midwest, Great Plains, or South) and would face additional costs from compliance with the permit program that are sufficient to result in--

(A) the layoff of any United States employees at the stationary source; or

(B) the layoff of any United States employees of customers of the stationary source.

____________________

SOURCE: Congressional Record Vol. 155, No. 135

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