Aug. 6 sees Congressional Record publish “Text of Senate Amendment 5487” in the Senate section

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Aug. 6 sees Congressional Record publish “Text of Senate Amendment 5487” in the Senate section

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Volume 168, No. 133 covering the 2nd Session of the 117th Congress (2021 - 2022) 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 Senate Amendment 5487” mentioning the Department of Interior was published in the in the Senate section section on pages S4397-S4399 on Aug. 6.

The Department oversees more than 500 million acres of land. Downsizing the Federal Government, a project aimed at lowering taxes and boosting federal efficiency, said the department has contributed to a growing water crisis and holds many lands which could be better managed.

The publication is reproduced in full below:

SA 5487. Mr. GRAHAM (for himself, Mr. Daines, Ms. Ernst, Mrs. Fischer, Mr. Portman, Mr. Barrasso, and Ms. Murkowski) proposed an amendment to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to provide for reconciliation pursuant to title II of S. Con. Res. 14; as follows:

Strike sections 50261 through 50263 and insert the following:

SEC. 50261. MINERAL LEASING ACT MODERNIZATION.

(a) Oil and Gas Minimum Bid.--Section 17(b) of the Mineral Leasing Act (30 U.S.C. 226(b)) is amended--

(1) in paragraph (1)(B), in the first sentence, by striking

``$2 per acre for a period of 2 years from the date of enactment of the Federal Onshore Oil and Gas Leasing Reform Act of 1987.'' and inserting ``$10 per acre during the 10- year period beginning on the date of enactment of the Act titled `An Act to provide for reconciliation pursuant to title II of S. Con. Res. 14'.''; and

(2) in paragraph (2)(C), by striking ``$2 per acre'' and inserting ``$10 per acre''.

(b) Fossil Fuel Rental Rates.--

(1) Annual rentals.--Section 17(d) of the Mineral Leasing Act (30 U.S.C. 226(d)) is amended, in the first sentence, by striking ``$1.50 per acre'' and all that follows through the period at the end and inserting ``$3 per acre per year during the 2-year period beginning on the date the lease begins for new leases, and after the end of that 2-year period, $5 per acre per year for the following 6-year period, and not less than $15 per acre per year thereafter, or, in the case of a lease issued during the 10-year period beginning on the date of enactment of the Act titled `An Act to provide for reconciliation pursuant to title II of S. Con. Res. 14', $3 per acre per year during the 2-year period beginning on the date the lease begins, and after the end of that 2-year period, $5 per acre per year for the following 6-year period, and $15 per acre per year thereafter.''.

(2) Rentals in reinstated leases.--Section 31(e)(2) of the Mineral Leasing Act (30 U.S.C. 188(e)(2)) is amended by striking ``$10'' and inserting ``$20''.

(c) Expression of Interest Fee.--Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended by adding at the end the following:

``(q) Fee for Expression of Interest.--

``(1) In general.--The Secretary shall assess a nonrefundable fee against any person that, in accordance with procedures established by the Secretary to carry out this subsection, submits an expression of interest in leasing land available for disposition under this section for exploration for, and development of, oil or gas.

``(2) Amount of fee.--

``(A) In general.--Subject to subparagraph (B), the fee assessed under paragraph (1) shall be $5 per acre of the area covered by the applicable expression of interest.

``(B) Adjustment of fee.--The Secretary shall, by regulation, not less frequently than every 4 years, adjust the amount of the fee under subparagraph (A) to reflect the change in inflation.''.

the following:

``(7) Excluded entities.--For purposes of this section, the term 'new clean vehicle' shall not include--

``(A) any vehicle placed in service after December 31, 2024, with respect to which any of the applicable critical minerals contained in the battery of such vehicle (as described in subsection (e)(l)(A)) were extracted, processed, or recycled--

``(i) by a foreign entity of concern (as defined in section 40207(a)(5) of the Infrastructure Investment and Jobs Act (42 U.S.C. 18741(a)(5))), or

``(ii) in a country which is subject to an active withhold release order or .finding issued by United States Customs and Border Protection of the Department of Homeland Security, or

``(B) any vehicle placed in service after December 31, 2023, with respect to which any of the components contained in the battery of such vehicle (as described in subsection

(e)(2)(A)) were manufactured or assembled--

``(i) by a foreign entity of concern (as so defined), or

``(ii) in a country which is subject to an active withhold release order or finding issued by United States Customs and Border Protection of the Department of Homeland Security.''.

On page 391, strike line 22 and all that follows through page 393, line 13, and insert the following:

``(i) in the case of a joint return or a surviving spouse

(as defined in section 2(a)), $150,000,

``(ii) in the case of a head of household (as defined in section 2(b)), $112,500, and

``(iii) in the case of a taxpayer not described in clause

(i) or (ii), $75,000.

``(C) Modified adjusted gross income.--For purposes of this paragraph, the term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933.

``(11) Manfacturer's suggested retail price limitation.--No credit shall be allowed under subsection (a) for a vehicle with a manufacturer's suggested retail price in excess of

$42,000.''.

In title VII, strike section 70001 and insert the following:

SEC. 70001. FUNDING FOR NARCOTIC AND OPIOID DETECTION.

(a) Appropriation.--In addition to amounts otherwise available, there is appropriated to U.S. Customs and Border Protection for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $500,000,000, which shall remain available until September 30, 2027, to acquire, deploy, operate, and maintain nonintrusive inspection capabilities, including chemical screening devices, to identify, in an operational environment, synthetic opioids and other narcotics at purity levels that are not more than 10 percent.

(b) Use of Funds.--Amounts appropriated under subsection

(a) may also be used--

(1) to train users on the equipment described in subsection

(a);

(2) to provide directors of ports of entry with an alternate method for identifying narcotics, including synthetic opioids, at lower purity levels,

(3) to test any new chemical screening devices to understand the abilities and limitations of such devices relating to identifying narcotics at various purity levels before U.S. Customs and Border Protection commits to the acquisition of such devices; and

(4) to modify and upgrade ports of entry to accommodate capabilities funded under this section.

At the end of part 1 of subtitle A of title I, add the following:

SEC. 1010--. ALLOWANCE OF CERTAIN DEDUCTIONS IN DETERMINING APPLICABLE

FINANCIAL STATEMENT INCOME.

(a) In General.--Section 56A(c), as added by section 10101, is amended by redesignating paragraph (15) as paragraph (16) and by inserting after paragraph (14) the following new paragraph:

``(15) Adjustment for the production of oil, coal, and natural gas and for mining.--

``(A) In general.--Adjusted financial statement income shall be--

``(i) appropriately adjusted to disregard any amount of qualified expense that is taken into account on the taxpayer's applicable financial statement, and

``(ii) reduced by the amount of qualified expenses which are deductible under this chapter to the extent allowed as a deduction in computing taxable income for the taxable year.

``(B) Qualified expenses.--For purposes of this paragraph, the term `qualified expenses' means--

``(i) any intangible drilling and development costs (within the meaning of section 263(c)),

``(ii) geological and geophysical expenditures (within the meaning of section 167(h)).

``(iii) qualified tertiary inject expenses (as defined in section 193)b)),

``(iv) expenses to which sections 616 and 617 apply, and

``(v) amounts allowable as a depletion deduction under section 611.''.

SEC. 1010--. PERMANENT EXTENSION OF LIMITATION ON DEDUCTION FOR STATE AND LOCAL, ETC., TAXES.

(a) In General.--Paragraph (6) of section 164(b) is amended by striking ``, and before January 1, 2026''.

(b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2022.

Strike section 50131 and insert the following:

SEC. 50131. ASSISTANCE FOR LATEST AND ZERO BUILDING ENERGY CODE

ADOPTION; BLM PERMITTING ACTIVITIES.

(a) Assistance for Latest and zero building energy code adoption; blm permitting activities.

(a) Assistance for Latest and Zero Building Energy Code Adoption.--

(1) Appropriation.--In addition to amounts otherwise available, there are appropriated to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated--

Strike section 50131 and insert the following:

SEC. 50131. ASSISTANCE FOR LATEST AND ZERO BUILDING ENERGY

CODE ADOPTION; BLM PERMITTING ACTIVITIES.

(a) Assistance for Latest and Zero Building Energy Code Adoption.--

(1) Appropriation.--In addition to amounts otherwise available, there are appropriated to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated--

(A) $330,000,000, to remain available through September 30, 2029, to carry out activities under part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 through 6326) in accordance with paragraph (2); and

(B) $270,000,000, to remain available through September 30, 2029, to carry out activities under part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 through 6326) in accordance with paragraph (3).

(2) Latest building energy code.--The Secretary shall use funds made available under paragraph (1)(A) for grants to assist States, and units of local government that have authority to adopt building codes--

(A) to adopt--

(i) a building energy code (or codes) for residential buildings that meets or exceeds the 2021 International Energy Conservation Code, or achieves equivalent or greater energy savings;

(ii) a building energy code (or codes) for commercial buildings that meets or exceeds the ANSI/ASHRAE/IES Standard 90.1-2019, or achieves equivalent or greater energy savings; or

(iii) any combination of building energy codes described in clause (i) or (ii); and

(B) to implement a plan for the jurisdiction to achieve full compliance with any building energy code adopted under subparagraph (A) in new and renovated residential or commercial buildings, as applicable, which plan shall include active training and enforcement programs and measurement of the rate of compliance each year.

(3) Zero energy code.--The Secretary shall use funds made available under paragraph (1)(B) for grants to assist States, and units of local government that have authority to adopt building codes--

(A) to adopt a building energy code (or codes) for residential and commercial buildings that meets or exceeds the zero energy provisions in the 2021 International Energy Conservation Code or an equivalent stretch code; and

(B) to implement a plan for the jurisdiction to achieve full compliance with any building energy code adopted under subparagraph (A) in new and renovated residential and commercial buildings, which plan shall include active training and enforcement programs and measurement of the rate of compliance each year.

(4) State match.--The State cost share requirement under the item relating to ``Department of Energy--Energy Conservation'' in title II of the Department of the Interior and Related Agencies Appropriations Act, 1985 (42 U.S.C. 6323a; 98 Stat. 1861), shall not apply to assistance provided under this subsection.

(5) Administrative costs.--Of the amounts made available under this subsection, the Secretary shall reserve 5 percent for administrative costs necessary to carry out this subsection.

(b) BLM Permitting.--In addition to amounts otherwise available, there is appropriated to the Secretary of the Interior for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $400,000,000, to remain available through September 30, 2026, for the Bureau of Land Management to finalize outstanding permitting activities for projects that would facilitate access to nickel and cobalt deposits.

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SOURCE: Congressional Record Vol. 168, No. 133

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