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“TEXT OF AMENDMENTS” mentioning the U.S. Dept. of Energy was published in the Senate section on pages S3450-S3452 on April 25, 2002.
The publication is reproduced in full below:
TEXT OF AMENDMENTS
SA 3376. Mr. HARKIN submitted an amendment intended to be proposed to amendment SA 3352 proposed by Mr. Baucus (for himself and Mr. Grassley) to the amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. Bingaman) to the bill (S. 517) to authorize funding the Department of Energy to enhance its mission areas through technology transfer and partnerships for fiscal years 2002 through 2006, and for other purposes; which was ordered to lie on the table; as follows:
On page 7, line 10, strike ``2005'' and insert ``2007''.
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SA 3377. Mr. HARKIN submitted an amendment intended to be proposed to amendment SA 3352 proposed by Mr. Baucus (for himself and Mr. Grassley) to the amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. Bingaman) to the bill (S. 517) to authorize funding the Department of Energy to enhance its mission areas through technology transfer and partnerships for fiscal years 2002 through 2006, and for other purposes; which was ordered to lie on the table; as follows:
On page 7, line 10, strike ``2005'' and insert ``2007'' and
On page 11, line 9, strike ``2006'' and insert ``2008''.
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SA 3378. Mr. HARKIN submitted an amendment intended to be proposed to amendment SA 3352 proposed by Mr. Baucus (for himself and Mr. Grassley) to the amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. Bingaman) to the bill (S. 517) to authorize funding the Department of Energy to enhance its mission areas through technology transfer and partnerships for fiscal years 2002 through 2006, and for other purposes; was which ordered to lie on the table; as follows:
On page 7, line 10, strike ``2005'' and insert ``2006''.
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SA 3379. Mr. HARKIN submitted an amendment intended to be proposed to amendment SA 3352 proposed by Mr. Baucus (for himself and Mr. Grassley) to the amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. Bingaman) to the bill (S. 517) to authorize funding the Department of Energy to enhance its mission areas through technology transfer and partnerships for fiscal years 2002 through 2006, and for other purposes; which was ordered to lie on the table; as follows:
On page 7, line 10, strike ``2005'' and insert ``2006'' and
On page 11, line 9, strike ``2006'' and insert ``2007''.
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SA 3380. Mr. BINGAMAN submitted an amendment intended to be proposed to amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. Bingaman) to the bill (S. 517) to authorize funding the Department of Energy to enhance its mission areas through technology transfer and partnerships for fiscal years 2002 through 2006, and for other purposes, which was ordered to lie on the table; as follows:
On page 307, after line 3, insert the following:
Subtitle E--Rural and Remote Communities
SEC. 941. SHORT TITLE.
This subtitle may be cited as the ``Rural and Remote Community Fairness Act''.
SEC. 942. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) a modern infrastructure, including energy-efficient housing, electricity, telecommunications, bulk fuel, waste water and potable water service, is a necessary ingredient of a modern society and development of a prosperous economy;
(2) the Nation's rural and remote communities face critical social, economic and environmental problems, arising in significant measure from the high cost of infrastructure development in sparsely populated and remote areas, that are not adequately addressed by existing Federal assistance programs;
(3) in the past, Federal assistance has been instrumental in establishing electric and other utility service in many developing regions of the Nation, and that Federal assistance continues to be appropriate to ensure that electric and other utility systems in rural areas conform with modern standards of safety, reliability, efficiency and environmental protection; and
(4) the future welfare of the Nation and the well-being of its citizens depend on the establishment and maintenance of viable rural and remote communities as social, economic and political entities.
(b) Purpose.--The purpose of this subtitle is the development and maintenance of viable rural and remote communities through the provision of efficient housing, and reasonably priced and environmentally sound energy, water, waste water, and bulk fuel, telecommunications and utility services to those communities that do not have those services or who currently bear costs of those services that are significantly above the national average.
SEC. 943. DEFINITIONS.
As used in this subtitle:
(1) The term ``unit of general local government'' means any city, county, town, township, parish, village, borough
(organized or unorganized) or other general purpose political subdivision of a State, Guam, the Commonwealth of the Northern Mariana Islands, Puerto Rico, the Republic of the Marshall Islands, the Federated States of Micronesia, the Republic of Palau, the Virgin Islands, and American Samoa, a combination of such political subdivisions that is recognized by the Secretary; and the District of Columbia; or any other appropriate organization of citizens of a rural and remote community that the Secretary may identify.
(2) The term ``population'' means total resident population based on data compiled by the United States Bureau of the Census and referable to the same point or period in time.
(3) The Term ``Native American group'' means any Indian tribe, band, group, and nation, including Alaska Indians, Aleuts, and Eskimos, and any Alaskan Native Village, of the United States, which is considered an eligible recipient under the Indian Self Determination and Education Assistance Act (Public Law 93-638) or was considered an eligible recipient under chapter 67 of title 31, United States Code, prior to the repeal of such chapter.
(4) The term ``Secretary'' means the Secretary of Housing and Urban Development, the Secretary of Agriculture, the Secretary of the Interior or the Secretary of Energy, as appropriate.
(5) The term ``rural and remote community'' means a unit of local general government or Native American group which is served by an electric utility that has 10,000 or less customers with an average retail cost per kilowatt hour of electricity that is equal to or greater than 150 percent of the average retail cost per kilowatt hour of electricity for all consumers in the United States, as determined by data provided by the Energy Information Administration of the Department of Energy.
(6) The term ``alternative energy sources'' include non-traditional means of providing electrical energy, including, but not limited to, wind, solar, biomass, municipal solid waste, hydroelectric, geothermal and tidal power.
(7) The term ``average retail cost per kilowatt hour of electricity'' has the same meaning as ``average revenue per kilowatt hour of electricity'' as defined by the Energy Information Administration of the Department of Energy.
SEC. 944. AUTHORIZATION OF APPROPRIATIONS.
The Secretary is authorized to make grants to rural and remote communities to carry out activities in accordance with the provisions of the subtitle. For purposes of assistance under section 947, there are authorized to be appropriated
$100,000,000 for each of fiscal years 2003 through 2009.
SEC. 945. STATEMENT OF ACTIVITIES AND REVIEW.
(a) Statement of Objectives and Projected Use.--Prior to the receipt in any fiscal year of a grant under section 947 by any rural and remote community, the grantee shall have prepared and submitted to the Secretary of the agency providing funding a final statement of rural and remote community development objectives and projected use of funds.
(b) Public Notice.--In order to permit public examination and appraisal of such statements, to enhance the public accountability of grantees, and to facilitate coordination of activities with different levels of government, the grantee shall in a timely manner--
(1) furnish citizens information concerning the amount of funds available for rural and remote community development activities and the range of activities that may be undertaken;
(2) publish a proposed statement in such manner to afford affected citizens an opportunity to examine its content and to submit comments on the proposed statement and on the community development performance of the grantee;
(3) provide citizens with reasonable access to records regarding the past use of funds received under section 947 by the grantee; and
(4) provide citizens with reasonable notice of, and opportunity to comment on, any substantial change proposed to be made in the use of funds received under section 947 from one eligible activity to another.
The final statement shall be made available to the public, and a copy shall be furnished to the appropriate Secretary. Any final statement of activities may be modified or amended from time to time by the grantee in accordance with the same. Procedures required in this paragraph are for the preparation and submission of such statement.
(c) Performance and Evaluation Report.--Each grantee shall submit to the appropriate Secretary, at a time determined by the Secretary, a performance and evaluation report, concerning the use of funds made available under section 947, together with an assessment by the grantee of the relationship of such use to the objectives identified in the grantee's statement under subsection (a) and to the requirements of subsection (b). The grantee's report shall indicate its programmatic accomplishments, the nature of and reasons for any changes in the grantee's program objectives, and indications of how the grantee would change its programs as a result of its experiences.
(d) Retention of Income.--
(1) In general.--Any rural and remote community may retain any program income that is realized from any grant made by the Secretary under section 947 if--
(A) Such income was realized after the initial disbursement of the funds received by such unit of general local government under such section; and
(B) such unit of general local government has agreed that it will utilize program income for eligible rural and remote community development activities in accordance with the provisions of this title.
(2) Exception.--The Secretary may, by regulation, exclude from consideration as program income any amounts determined to be so small that compliance with the subsection creates an unreasonable administrative burden on the rural and remote community.
SEC. 946. ELIGIBLE ACTIVITIES.
(a) Activities Included.--Eligible activities assisted under this subtitle may include only--
(1) weatherization and other cost-effective energy-related repairs of homes and other buildings;
(2) the acquisition, construction, repair, reconstruction, or installation of reliable and cost-efficient facilities for the generation, transmission or distribution of electricity, and telecommunications, for consumption in a rural and remote community or communities;
(3) the acquisition, construction, repair, reconstruction, remediation or installation of facilities for the safe storage and efficient management of bulk fuel by rural and remote communities, and facilities for the distribution of such fuel to consumers in a rural or remote community;
(4) facilities and training to reduce costs of maintaining and operating generation, distribution or transmission systems to a rural and remote community or communities;
(5) the institution of professional management and maintenance services for electricity generation, transmission or distribution to a rural and remote community or communities;
(6) the investigation of the feasibility of alternate energy sources for a rural and remote community or communities;
(7) acquisition, construction, repair, reconstruction, operation, maintenance, or installation of facilities for water or waste water service;
(8) the acquisition or disposition of real property
(including air rights, water rights, and other interests therein) for eligible rural and remote community development activities; and
(9) activities necessary to develop and implement a comprehensive rural and remote development plan, including payment of reasonable administrative costs related to planning and execution or rural and remote community development activities.
(b) Activities Undertaken Through Electric Utilities.--Eligible activities may be undertaken either directly by the rural and remote community, or by the rural and remote community through local electric utilities.
SEC. 947. ALLOCATION AND DISTRIBUTION OF FUNDS.
For each fiscal year, of they amount approved in an appropriation act under section 903 for grants in any year, the Secretary shall distribute to each rural and remote community which has filed a final statement of rural and remote community development objectives and projected use of funds under section 945, an amount which shall be allocated among the rural and remote communities that filed a final statement of rural and remote community development objectives and projected use of funds under section 945 proportionate to the percentage that the average retail price per kilowatt hour of electricity for all classes of consumers in the rural and remote community exceeds the national average retail price per kilowatt hour for electricity for all consumers in the United States, as determined by data provided by the Department of Energy's Energy Information Administration. In allocating funds under this section, the Secretary shall give special consideration to those rural and remote communities that increase economies of scale through consolidation of services, affiliation and regionalization of eligible activities under this title.
SEC. 948. RURAL AND REMOTE COMMUNITY ELECTRIFICATION GRANTS.
Section 313 of the Rural Electrification Act of 1936 (7 U.S.C. 940c) is amended by adding after subsection (b) the following:
(c) Rural and Remote Communities Electrification Grants.--The Secretary of Agriculture, in consultation with the Secretary of Energy and the Secretary of the Interior, may provide grants under this Act for the purpose of increasing energy efficiency, siting or upgrading transmission and distribution lines, or providing or modernizing electric facilities to--
``(1) a unit of local government of a State or territory; or
``(2) an Indian tribe or Tribal College or University as defined in section 316(b)(3) of the Higher Education Act (20 U.S.C. 1059c(b)(3)).
``(d) Grant Criteria.--The Secretary shall make grants based on a determination of cost-effectiveness and most effective use of the funds to achieve the stated purposes of this section.
``(e) Preference.--In making grants under this section, the Secretary shall give a preference to renewable energy facilities.
``(f) Definition.--For purposes of this section, the term
`Indian tribe' means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
``(g) Authorization.--For the purpose of carrying out subsection (c), there are authorized to be appropriated to the Secretary $20,000,000 for each of the seven fiscal years following the date of enactment of this subsection.''.
SEC. 949. AUTHORIZATION OF APPROPRIATIONS.
There is hereby authorized to be appropriated $5,000,000 for each of fiscal year 2003 through 2009 to the Denali Commission established by the Denali Commission Act of 1998
(42 U.S.C. 3121 note) for the purposes of funding the power cost equalization program.
SEC. 950. RURAL RECOVERY COMMUNITY DEVELOPMENT BLOCK GRANTS.
(a) Findings; Purpose.--
(1) Findings.--Congress finds that--
(A) a modern infrastructure, including affordable housing, wastewater and water service, and advanced technology capabilities is a necessary ingredient of a modern society and development of a prosperous economy with minimal environmental impacts;
(B) the Nation's rural areas face critical social, economic, and environmental problems, arising in significant measure from the growing cost of infrastructure development in rural areas that suffer from low per capita income and high rates of outmigration and are not adequately addressed by existing Federal assistance programs; and
(C) the future welfare of the Nation and the well-being of its citizens depend on the establishment and maintenance of viable rural areas as social, economic, and political entities.
(2) Purpose.--The purpose of this section is to provide for the development and maintenance of viable rural areas through the provision of affordable housing and community development assistance to eligible units of general local government and eligible Native American groups in rural areas with excessively high rates of outmigration and low per capital income levels.
(b) Definitions.--In this section:
(1) Eligible unit of general local government.--The term
``eligible unit of general local government'' means a unit of general local government that is the governing body of a rural recovery area.
(2) Eligible indian tribe.--The term ``eligible Indian tribe'' means the governing body of an Indian tribe that is located in a rural recovery area.
(3) Grantee.--The term ``grantee'' means an eligible unit of general local government or eligible Indian tribe that receives a grant under this section.
(4) Native american group.--The term ``Native American group'' means any Indian tribe, band, group, and nation, including Alaska Indians, Aleuts, and Eskimos, and any Alaskan Native Village, of the United States, which is considered en eligible recipient under the Indian Self-Determination and Education Assistance Act (Public Law 93-638) or was considered an eligible recipient under chapter 67 of title 31, United States Code, prior to the repeal of such chapter.
(5) Rural recovery area.--The term ``rural recovery area'' means any geographic area represented by a unit of general local government or a Native American group--
(A) the borders of which are not adjacent to a metropolitan area;
(B) in which--
(i) the population outmigration level equals or exceeds 1 percent over the most recent five year period, as determined by the Secretary of Housing and Urban Development; and
(ii) the per capita income is less than that of the national nonmetropolitan average; and
(C) that does not include a city with a population of more than 15,000.
(6) Unit of general local government.--
(A) In general.--The term ``unit of general local government'' means any city, county, town, township, parish, village, borough (organized or unorganized), or other general purpose political subdivision of a State; Guam, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, Puerto Rico, and American Samoa, or a general purpose political subdivision thereof; a combination of such political subdivisions that, except as provided in section 106(d)(4), is recognized by the Secretary; and the District of Columbia.
(B) Other entities included.--The term also includes a State or a local public body or agency, community association, or other entity, that is approved by the Secretary for the purpose of providing public facilities or services to a new community.
(7) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development, the Secretary of Agriculture, the Secretary of the Interior or the Secretary of Energy, as appropriate.
(c) Grant Authority.--The Secretary may make grants in accordance with this section to eligible units of general local government, Native American groups and eligible Indian tribes that meet the requirements of subsection (d) to carry out eligible activities described in subsection (f).
(d) Eligibility Requirements.--
(1) Statement of rural development objectives.--In order to receive a grant under this section for a fiscal year, an eligible unit of general local government, Native American group or eligible Indian tribe--
(A) shall--
(i) publish a proposed statement of rural development objectives and a description of the proposed eligible activities described in subsection (f) for which the grant will be used; and
(ii) afford residents of the rural recovery area served by the eligible unit of general local government, Native American groups or eligible Indian tribe with an opportunity to examine the contents of the proposed statement and the proposed eligible activities published under clause (i), and to submit comments to the eligible unit of general local government, Native American group or eligible Indian tribe, as applicable, on the proposed statement and the proposed eligible activities, and the overall community development performance of the eligible unit of general local government, Native American groups or eligible Indian tribe, as applicable; and
(B) Based on any comments received under subparagraph
(A)(ii), prepare and submit to the Secretary--
(i) a final statement of rural development objectives;
(ii) a description of the eligible activities described in subsection (f) for which a grant received under this section will be used; and
(iii) a certification that the eligible unit of general local government, Native American groups or eligible Indian tribe, as applicable, will comply with the requirements of paragraph (2).
(2) Public notice and comment.--In order to enhance public accountability and facilitate the coordination of activities among different levels of government, an eligible unit of general local government, Native American groups or eligible Indian tribe that receives a grant under this section shall, as soon as practicable after such receipt, provide the residents of the rural recovery area served by the eligible unit of general local government, Native American groups or eligible Indian tribe, as applicable, with--
(A) a copy of the final statement submitted under paragraph
(1)(B);
(B) information concerning the amount made available under this section and the eligible activities to be undertaken with that amount;
(C) reasonable access to records regarding the use of any amounts received by the eligible unit of general local government, Native American groups or eligible Indian tribe under this section in any preceding fiscal year; and
(D) reasonable notice of, and opportunity to comment on, any substantial change proposed to be made in the use of amounts received under this section from one eligible activity to another.
(e) Distribution of Grants.--
(1) In general.--In each fiscal year, the Secretary shall distribute to each eligible unit of general local government, Native American groups and eligible Indian tribe that meets the requirements of subsection (d)(1) a grant in an amount in paragraph (2).
(2) Amount.--Of the total amount made available to carry out this section in each fiscal year, the Secretary shall distribute to each grantee the amount equal to the greater of--
(A) the pro rata share of the grantee, as determined by the Secretary, based on the combined annual population out migration level (as determined by the Secretary of Housing and Urban Development) and the per capita income for the rural recovery area served by the grantee; or
(B) $200,000.
(f) Eligible Activities.--Each grantee shall use amounts received under this section for one or more of the following eligible activities, which may be undertaken either directly by the grantee, or by any local economic development corporation, regional planning district, nonprofit community development corporation, or statewide development organization authorized by the grantee:
(1) the acquisition, construction, repair, reconstruction, operation, maintenance, or installation of facilities for water and wastewater service or any other infrastructure needs determined to be critical to the further development or improvement of a designated industrial park;
(2) the acquisition or disposition of real property
(including air rights, water rights, and other interests therein) for rural community development activities;
(3) the development of telecommunications infrastructure within a designated industrial park that encourages high technology business development in rural areas;
(4) activities necessary to develop and implement a comprehensive rural development plan, including payment of reasonable administrative costs related to planning and execution of rural development activities; or
(5) affordable housing initiatives.
(g) Performance and Evaluation Report.--
(1) In general.--Each grantee shall annually submit to the appropriate Secretary a performance and evaluation report, concerning the use of amounts received under this section.
(2) Contents.--Each report submitted under paragraph (1) shall include a description of--
(A) the eligible activities carried out by the grantee with amounts received under this section, and the degree to which the grantee has achieved the rural development objectives included in the final statement submitted under subsection
(d)(1);
(B) the nature of and reasons for any change in the rural development objectives or the eligible activities of the grantee after submission of the final statement under subsection (d)(1); and
(C) any manner in which the grantee would change the rural development objectives of the grantee as a result of the experience of the grantee in administering amounts received under this section.
(h) Retention of Income.--A grantee may retain any income that is realized from the grant, if--
(1) the income was realized after the initial disbursement of amounts to the grantee under this section; and
(2) the--
(A) grantee agrees to utilize the income for 1 or more eligible activities; or
(B) amount of the income is determined by the Secretary to be so small that compliance with subparagraph (A) would create an unreasonable administrative burden on the grantee.
(i) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2003 through 2009.
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