AMENDMENTS SUBMITTED
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AMENDMENTS SUBMITTED
(Senate - October 19, 2000)
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AMENDMENTS SUBMITTED
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SUGAR TARIFF LEGISLATION
______
BREAUX AMENDMENT NO. 4325
(Ordered referred to the Committee on Finance.)
Mr. BREAUX submitted an amendment intended to be proposed by him to
the bill (
S. 3116) to amend the Harmonized Tariff Schedule of the
United States to prevent circumvention of the sugar tariff-rate quotas;
as follows:
At the appropriate place, insert the following:
SEC. ____. PREVENTION OF CIRCUMVENTION OF SUGAR TARIFF-RATE
QUOTAS.
(a) Anticircumvention.--
(1) Amendment to additional united states notes.--
Additional United States Note 5(a)(i) of chapter 17 of the
Harmonized Tariff Schedule of the United States is amended--
(A) in the first sentence, by striking ``and 2106.90.44,''
and inserting ``1702.90.40, and 2106.90.44, and any other
article (other than an article classified under subheading
1701.11 or 1701.12) that is entered, or withdrawn from
warehouse for consumption, if the article is subsequently
used for the commercial extraction or production of sugar for
human consumption, or the article is otherwise used in any
manner that circumvents any quota imposed pursuant to the
notes to this chapter,''; and
(B) in the second sentence, by striking ``and molasses''
and inserting ``, molasses, and other articles,''.
(2) Rate of duty.--The rate of duty in effect under
subheading 1701.99.10 or 1701.99.50 of the Harmonized Tariff
Schedule of the United States, on the date of entry of
articles described in the applicable subheading shall apply
to any article which the Secretary of the Treasury determines
is circumventing the tariff-rate quota relating to articles
described in the applicable subheading.
(3) Animal feed.--Notwithstanding any other provision of
law, no tariff-rate quota may be imposed under Additional
United States Note 5(a)(i) of chapter 17 of the Harmonized
Tariff Schedule, on molasses that is used for animal
consumption in the United States.
(b) Conforming Amendment.--Chapter 17 of the Harmonized
Tariff Schedule of the United States is amended by striking
subheading 1702.90.40 and inserting in numerical sequence the
following new subheadings:
`` 1702.90.40 Described in 3.6606 cents/kg less Free (A*, CA, E*, 6.58170 cents/kg
additional 0.020668 cents/kg IL, J, MX) less 0.0622005
United for each degree cents/kg for each
States note under 100 degrees degree under 100
5 to this (and fractions of a degrees (and
chapter and degree in fractions of a
entered proportion) but not degree in
pursuant to less than 3.143854 proportion) but not
its cents/kg less than 5.031562
provisions cents/kg
[[Page
S10809]]
1702.90.45 Other 35.74 cents/kg 28.247 cents/kg less 42.05 cents/kg
0.4 cents/kg for
each degree under
100 degrees (and
fractions of a
degree in
proportion) but not
less than 18.256
cents/kg (MX)
(c) Effective Date.--The amendments made by this section
apply to goods entered, or withdrawn from warehouse for
consumption, on or after the 15th day after the date of
enactment of this Act.
______
COLORADO UTE SETTLEMENT ACT AMENDMENTS OF 2000
______
FEINGOLD AMENDMENT NO. 4326
Mr. FEINGOLD proposed an amendment to amendment No. 4303 proposed by
Mr. Campbell the bill (
S. 2508) to amend the Colorado Ute Indian Water
Rights Settlement Act of 1988 to provide for a final settlement of the
claims of the Colorado Ute Indian Tribes, and for other purposes; as
follows:
On page 10 of the amendment, line 11, insert ``, to
restrict the availability or scope of judicial review, or to
in any way affect the outcome of judicial review of any
decision based on such analysis'' before the period.
On page 10 of the amendment, strike lines 12 through 23 and
insert the following:
``(C) Limitation.--No facilities of the Animas-La Plata
Project, as authorized under the Act of April 11, 1956 (43
U.S.C. 620) (commonly referred to as the `Colorado River
Storage Act'), other than those specifically authorized in
subparagraph (A), are authorized after the date of enactment
of this Act.''
On page 11 of the amendment, beginning on line 21, strike
``Such repayment'' and all that follows through ``.).'' on
line 24.
On page 12 of the amendment, line 9, insert after the
period the following: ``Fish and wildlife mitigation costs
associated with the facilities described in paragraph
(1)(A)(i) shall be reimbursable joint costs of the Animas-La
Plata Project. Recreation costs shall be 100 percent
reimbursable by nontribal users.''.
On page 13 of the amendment, beginning on line 2, strike
``Additional'' and all that follows through line 6.
______
STRATEGIC PETROLEUM RESERVE REAUTHORIZATION
______
MURKOWSKI (AND BINGAMAN) AMENDMENT NO. 4327
Mr. SESSIONS (for Mr. Murkowski (for himself and Mr. Bingaman))
proposed an amendment to the bill (
H.R. 2884) to extend energy
conservation programs under the Energy Policy and Conservation Act
through fiscal year 2003; as follows:
Strike all after the enacting clause and insert in lieu
thereof the following:
SEC. 1. SHORT TITLE.
This Act may be cited as the Energy Act of 2000.
TITLE I
STRATEGIC PETROLEUM RESERVE
SEC. 101. SHORT TITLE.
This title may be cited as the ``Energy Policy and
Conservation Act Amendments of 2000''.
SECTION. 102.
Section 2 of the Energy Policy and Conservation Act (42
U.S.C. 6201) is amended--
(a) in paragraph (1) by striking ``standby'' and ``,
subject to congressional review, to impose rationing, to
reduce demand for energy through the implementation of energy
conservation plans, and''; and
(b) by striking paragraphs (3) and (6).
SECTION. 103.
Title I of the Energy Policy and Conservation Act (42
U.S.C. 6211-6251) is amended--
(a) by striking section 102 (42 U.S.C. 6211) and its
heading;
(b) by striking section 104(b)(1);
(c) by striking section 106 (42 U.S.C. 6214) and its
heading;
(d) by amending section 151(b) (42 U.S.C. 6231) to read as
follows:
``(b) It is the policy of the United States to provide for
the creation of a Strategic Petroleum Reserve for the storage
of up to 1 billion barrels of petroleum products to reduce
the impact of disruptions in supplies of petroleum products,
to carry out obligations of the United States under the
international energy program, and for other purposes as
provided for in this Act.'';
(e) in section 152 (42 U.S.C. 6232)--
(1) by striking paragraphs (1), (3) and (7), and
(2) in paragraph (11) by striking ``; such term includes
the Industrial Petroleum Reserve, the Early Storage Reserve,
and the Regional Petroleum Reserve''.
(f) by striking section 153 (42 U.S.C. 623) and its
heading;
(g) in section 154 (42 U.S.C. 6234)--
(1) by amending subsection (a) to read as follows:
``(a) A Strategic Petroleum Reserve for the storage of up
to 1 billion barrels of petroleum products shall be created
pursuant to this part.'';
(2) by amending subsection (b) to read as follows:
``(b) The Secretary, in accordance with this part, shall
exercise authority over the development, operation, and
maintenance of the Reserve.''; and
(3) by striking subsections (c), (d), and (e);
(h) by striking section 155 (42 U.S.C. 6235) and its
heading;
(i) by striking section 156 (42 U.S.C. 6236) and its
heading;
(j) by striking section 157 (42 U.S.C. 6237) and its
heading;
(k) by striking section 158 (42 U.S.C. 6238) and its
heading;
(l) by amending the heading for section 159 (42 U.S.C.
6239) to read, ``Development, Operation, and Maintenance of
the Reserve'';
(m) in section 159 (42 U.S.C. 6239)--
(1) by striking subsections (a), (b), (c), (d), and (e);
(2) by amending subsection (f) to read as follows:
``(f) In order to develop, operate, or maintain the
Strategic Petroleum Reserve, the Secretary may:
``(1) issue rules, regulations, or orders;
``(2) acquire by purchase, condemnation, or otherwise, land
or interests in land for the location of storage and related
facilities;
``(3) construct, purchase, lease, or otherwise acquire
storage and related facilities;
``(4) use, lease, maintain, sell or otherwise dispose of
land or interests in land, or of storage and related
facilities acquired under this part, under such terms and
conditions as the Secretary considers necessary or
appropriate;
``(5) acquire, subject to the provisions of section 160, by
purchase, exchange, or otherwise, petroleum products for
storage in the Strategic Petroleum Reserve;
``(6) store petroleum products in storage facilities owned
and controlled by the United States or in storage facilities
owned by others if those facilities are subject to audit by
the United States;
``(7) execute any contracts necessary to develop, operate,
or maintain the Strategic Petroleum Reserve;
``(8) bring an action, when the Secretary considers it
necessary, in any court having jurisdiction over the
proceedings, to acquired by condemnation any real or personal
property, including facilities, temporary use of facilities,
or other interests in land, together with any personal
property located on or used with the land.''; and
(3) in subsection (g)--
(A) by striking ``implementation'' and inserting
``development''; and
(B) by striking ``Plan'';
(4) by striking subsections (h) and (i);
(5) by amending subsection (j) to read as follows:
``(j) If the Secretary determines expansion beyond
700,000,000 barrels of petroleum product inventory is
appropriate, the Secretary shall submit a plan for expansion
to the Congress.''; and
(6) by amending subsection (I) to read as follows:
``(I) During a drawdown and sale of Strategic Petroleum
Reserve petroleum products, the Secretary may issue
implementing rules, regulations, or orders in accordance with
section 553 of title 5, United States Code, without regard to
rulemaking requirements in section 523 of this Act, and
section 501 of the Department of Energy Organizations Act (42
U.S.C. 7191).'';
(n) in section 160 (420 U.S.C. 6240)--
(1) in subsection (a), by striking all before the dash and
inserting the following--
``(a) The Secretary may acquire, place in storage,
transport, or exchange'';
(2) in subsection (a)(1) by striking all after ``Federal
lands'';
(3) in subsection (b), by striking ``, including the Early
Storage Reserve and the Regional Petroleum Reserve'' and by
striking paragraph (2); and
(4) by striking subsections (c), (d), (e), and (g);
(o) in section 161 (42 U.S.C. 6241)--
(1) by striking ``Distribution of the Reserve'' in the
title of this section and inserting ``Sale of Petroleum
Products'';
(2) in subsection (a), by striking ``drawdown and
distribute'' and inserting ``draw down and sell petroleum
products in'';
(3) by striking subsection (b), (c), and (f);
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(4) by amending subsection (d)(1) to read as follows:
``(d)(1) Drawdown and sale of petroleum products from the
Strategic Petroleum Reserve may not be made unless the
President has found drawdown and sale are required by a
severe energy supply interruption or by obligations of the
United States under the international energy program.'';
(5) by amending subsection (e) to read as follows:
``(e)(1) The Secretary shall sell petroleum products
withdrawn from the Strategic Petroleum Reserve at public sale
to the highest qualified bidder in the amounts, for the
period, and after a notice of sale considered appropriate by
the Secretary, and without regard to Federal, State, or local
regulations controlling sales of petroleum products.
``(2) The Secretary may cancel in whole or in part any
offer to sell petroleum products as part of any drawdown and
sale under this Section.''; and
(6) in subsection (g)--
(A) by amending paragraph (1) to read as follows:
``(g)(1) The Secretary shall conduct a continuing
evaluation of the drawdown and sales procedures. In the
conduct of an evaluation, the Secretary is authorized to
carry out a test drawdown and sale or exchange of petroleum
products from the Reserve. Such a test drawdown and sale or
exchange may not exceed 5,000,000 barrels of petroleum
products.'';
(B) by striking paragraphs (2);
(C) in paragraph (4), by striking ``90'' and inserting
``95'';
(D) in paragraph (5), by striking ``drawdown and
distribution'' and inserting ``test'';
(E) by amending paragraph (6) to read as follows:
``(6) In the case of a sale of any petroleum products under
this subsection, the Secretary shall, to the extent funds are
available in the SPR Petroleum Account as a result of such
sale, acquire petroleum products for the Reserve within the
12-month period beginning after completion of the sale.'';
and
(F) in paragraph (8), by striking ``drawdown and
distribution'' and inserting ``test'';
(7) in subsection (h)--
(A) in paragraph (1) by striking ``distribute'' and
inserting ``sell petroleum products from'';
(B) by deleting ``and'' at the end of paragraph (1)(A) and
by deleting ``shortage,'' at the end of paragraph (1)(B) and
inserting ``shortage; and
``(C) the Secretary of Defense has found that action taken
under this subsection will not impair national security,'';
(C) in paragraph (2) by striking ``In no case may the
Reserve'' and inserting ``Petroleum products from the Reserve
may not''; and
(D) in paragraph (3) by striking ``distribution'' each time
it appears and inserting ``sale'';
(p) by striking section 164 (42 U.S.C. 6244) and its
heading;
(q) by amending section 165 (42 U.S.C. 6245) and its
heading to read as follows--
``Annual Report
``Sec. 165. The Secretary shall report annually to the
President and the Congress on actions taken to implement this
part. This report shall include--
``(1) the status of the physical capacity of the Reserve
and the type and quantity of petroleum products in the
Reserve;
``(2) an estimate of the schedule and cost to complete
planned equipment upgrade or capital investment in the
Reserve, including upgrades and investments carried out as
part of operational maintenance or extension of life
activities;
``(3) an identification of any life-limiting conditions or
operational problems at any Reserve facility, and proposed
remedial actions including an estimate of the schedule and
cost of implementing those remedial actions;
``(4) a description of current withdrawal and distribution
rates and capabilities, and an identification of any
operational or other limitations on those rates and
capabilities;
``(5) a listing of petroleum product acquisitions made in
the preceding year and planned in the following year,
including quantity, price, and type of petroleum;
``(6) a summary of the actions taken to develop, operate,
and maintain the Reserve;
``(7) a summary of the financial status and financial
transactions of the Strategic Petroleum Reserve and Strategic
Petroleum Reserve Petroleum Accounts for the year.
``(8) a summary of expenses for the year, and the number of
Federal and contractor employees;
``(9) the status of contracts for development, operation,
maintenance, distribution, and other activities related to
the implementation of this part;
``(10) a summary of foreign oil storage agreements and
their implementation status;
``(11) any recommendations for supplemental legislation or
policy or operational changes the Secretary considers
necessary or appropriate to implement this part.'';
(r) in section 166 (42 U.S.C. 6246) by striking ``for
fiscal year 1997.'';
(s) in section 167 (42 U.S.C. 6247)--
(1) in subsection (b)--
(A) by striking ``and the drawdown'' and inserting ``for
test sales of petroleum products from the Reserve, and for
the drawdown, sale,'';
(B) by striking paragraph (1); and
(C) in paragraph (2), by striking ``after fiscal year
1982''; and
(2) by striking subsection (e);
(t) in section 171 (42 U.S.C. 6249)--
(1) by amending subsection (b)(2)(B) to read as follows:
``(B) the Secretary notifies each House of the Congress of
the determination and identifies in the notification the
location, type, and ownership of storage and related
facilities proposed to be included, or the volume, type, and
ownership of petroleum products proposed to be stored, in the
Reserve, and an estimate of the proposed benefits.'';
(2) in subsection (b)(3), by striking ``distribution of''
and inserting ``sale of petroleum products from'';
(u) in section 172 (42 U.S.C. 6249a), by striking
subsections (a) and (b);
(v) by striking section 173 (42 U.S.C. 6249b) and its
heading; and
(w) in section 181 (42 U.S.C. 6251), by striking ``March
31, 2000'' each time it appears and inserting ``September 30,
2003''.
SECTION. 104.
Title II of the Energy Policy and Conservation Act (42
U.S.C. 6211-6251) is amended--
(a) by striking Part A (42 U.S.C. 6261 through 6264) and
its heading;
(b) by adding at the end of section 256(h), ``There are
authorized to be appropriated for fiscal years 2000 through
2003, such sums as may be necessary.''
(c) by striking Part C (42 U.S.C. 6281 through 6282) and
its heading; and
(d) in section 281 (42 U.S.C. 6285), by striking ``March
31, 2000'' each time it appears and inserting ``September 30,
2003''.
SEC. 105. CLERICAL AMENDMENTS.
The Table of Contents for the Energy Policy and
Conservation Act is amended--
(a) by striking the items relating to sections 102, 106,
153, 155, 156, 157, 158, and 164;
(b) by amending the item relating to section 159 to read as
follows: ``Development, Operation, and Maintenance of the
Reserve.'';
(c) by amending the item relating to section 161 to read as
follows: ``Drawdown and Sale of Petroleum Products''; and
(d) by amending the item relating to section 165 to read as
follows: ``Annual Report''.
TITLE II
HEATING OIL RESERVE
SEC. 201. NORTHEAST HOME HEATING OIL RESERVE.
(a) Title I of the Energy Policy and Conservation Act is
amended by--
(1) redesignating part D as part E;
(2) redesignating section 181 as section 191; and
(3) inserting after part C the following new part D:
``PART D--NORTHEAST HOME HEATING OIL RESERVE
``establishment
``Sec. 181. (a) Notwithstanding any other provision of this
Act, the Secretary may establish, maintain, and operate in
the Northeast a Northeast Home Heating Oil Reserve. A Reserve
established under this part is not a component of the
Strategic Petroleum Reserve established under part B of this
title. A Reserve established under this part shall contain no
more than 2 million barrels of petroleum distillate.
``(b) For the purposes of this part--
``(1) the term `Northeast' means the States of Maine, New
Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island,
New York, Pennsylvania, and New Jersey;
``(2) the term `petroleum distillate' includes heating oil
and diesel fuel; and
``(3) the term `Reserve' means the Northeast Home Heating
Oil Reserve established under this part.
``authority
``Sec. 182. To the extent necessary or appropriate to carry
out this part, the Secretary may----
``(1) purchase, contract for, lease, or otherwise acquire,
in whole or in part, storage and related facilities, and
storage services;
``(2) use, lease, maintain, sell, or otherwise dispose of
storage and related facilities acquired under this part;
``(3) acquire by purchase, exchange (including exchange of
petroleum product from the Strategic Petroleum Reserve or
received as royalty from Federal lands), lease, or otherwise,
petroleum distillate for storage in the Northeast Home
Heating Oil Reserve;
``(4) store petroleum distillate in facilities not owned by
the United States; and
``(5) sell, exchange, or otherwise dispose of petroleum
distillate from the Reserve established under this part,
including to maintain the quality or quantity of the
petroleum distillate in the Reserve or to maintain the
operational capability of the Reserve.
``conditions for release; plan
``Sec. 183. (a) Finding.--The Secretary may sell product
from the Reserve only upon a finding by the President that
there is a severe energy supply interruption. Such a finding
may be made only if he determines that--
``(1) a dislocation in the heating oil market has resulted
from such interruption; or
``(2) a circumstance, other than that described in
paragraph (1), exists that constitutes a regional supply
shortage of significant scope and duration and that action
taken under this section would assist directly and
significantly in reducing the adverse impact of such
shortage.
``(b) Definition.--For purposes of this section a
`dislocation in the heating oil market' shall be deemed to
occur only when--
``(1) The price differential between crude oil, as
reflected in an industry daily publication such as `Platt's
Oilgram Price Report'
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or `Oil Daily' and No. 2 heating oil, as reported in the
Energy Information Administration's retail price data for the
Northeast, increases by more tan 60% over its five year
rolling average for the months of mid-October through March,
and continues for 7 consecutive days; and
``(2) The price differential continues to increase during
the most recent week for which price information is
available.
``(c) The Secretary shall conduct a continuing evaluation
of the residential price data supplied by the Energy
Information Administration for the Northeast and data on
crude oil prices from published sources.
``(d) After consultation with the heating oil industry, the
Secretary shall determine procedures governing the release of
petroleum distillate from the Reserve. The procedures shall
provide that:
``(1) The Secretary may--
``(A) sell petroleum distillate from the Reserve through a
competitive process, or
``(B) enter into exchange agreements for the petroleum
distillate that results in the Secretary receiving a greater
volume of petroleum distillate as repayment than the volume
provided to the acquirer;
``(2) In such sales or exchanges, the Secretary shall
receive revenue or its equivalent in petroleum distillate
that provides the Department with fair market value. At no
time may the oil be sold or exchanged resulting in a loss of
revenue or value to the United States; and
``(3) The Secretary shall only sell or dispose of the oil
in the Reserve to entities customarily engaged in the sale
and distribution of petroleum distillate.
``(e) Within 45 days of the date of the enactment of this
section, the Secretary shall transmit to the President and,
if the President approves, to the Congress a plan
describing--
``(1) the acquisition of storage and related facilities or
storage services for the Reserve, including the potential use
of storage facilities not currently in use;
``(2) the acquisition of petroleum distillate for storage
in the Reserve;
``(3) the anticipated methods of disposition of petroleum
distillate from the Reserve;
``(4) the estimated costs of establishment, maintenance,
and operation of the Reserve;
``(5) efforts the Department will take to minimize any
potential need for future drawdowns and ensure that
distributors and importers are not discouraged from
maintaining and increasing supplies to the Northeast; and
``(6) actions to ensure quality of the petroleum distillate
in the Reserve.
``northeast home heating oil reserve account
``Sec. 184. (a) Upon a decision of the Secretary of Energy
to establish a Reserve under this part, the Secretary of the
Treasury shall establish in the Treasury of the United States
an account known as the `Northeast Home Heating Oil Reserve
Account' (referred to in this section as the `Account').
``(b) the Secretary of the Treasury shall deposit in the
Account any amounts appropriated to the Account and any
receipts from the sale, exchange, or other disposition of
petroleum distillate from the Reserve.
``(c) The Secretary of Energy may obligate amounts in the
Account to carry out activities under this part without the
need for further appropriation, and amounts available to the
Secretary of Energy for obligation under this section shall
remain available without fiscal year limitation.
``exemptions
``Sec. 185. An action taken under this part is not subject
to the rulemaking requirements of section 523 of this Act,
section 501 of the Department of Energy Organization Act, or
section 553 of title 5, United States Code.
``authorization of appropriations
``Sec. 186. There are authorized to be appropriated for
fiscal years 2001, 2002, and 2003 such sums as may be
necessary to implement this part.''.
SEC. 202. USE OF ENERGY FUTURES FOR FUEL PURCHASES.
(a) Heating Oil Study.--The Secretary shall conduct a study
on--
(1) the use of energy futures and options contracts to
provide cost-effective protection from sudden surges in the
price of heating oil (including number two fuel oil, propane,
and kerosine) for state and local government agencies,
consumer cooperatives, and other organizations that purchase
heating oil in bulk to market to end use consumers in the
Northeast (as defined in section 201); and
(2) how to most effectively inform organizations identified
in paragraph (1) about the benefits and risks of using energy
futures and options contracts.
(b) Report.--The Secretary shall transmit the study
required in this section to the Committee on Commerce of the
House of Representatives and the Committee on Energy and
Natural Resources of the Senate not later than 180 days after
the enactment of this section. The report shall contain a
review of prior studies conducted on the subjects described
in subsection (a).
MARGINAL WELL PURCHASES
SEC. 301. PURCHASE OF OIL FROM MARGINAL WELLS.
(a) Purchase of Oil From Marginal Wells.--Part B of Title I
of the Energy Policy and Conservation Act (42 U.S.C. 6232 et
seq.) is amended by adding the following new section after
section 168:
``purchase of oil from marginal wells
``Sec. 169. (a) In General.--From amounts authorized under
section 166, in any case in which the price of oil decreases
to an amount less than $15.00 per barrel (an amount equal to
the annual average well head price per barrel for all
domestic crude oil), adjusted for inflation, the Secretary
may purchase oil from a marginal well at $15.00 per barrel,
adjusted for inflation.
``(b) Definition of Marginal Well.--The term `marginal
well' has the same meaning as the definition of `stripper
well property' in section 613A(c)(6)(E) of the Internal
Revenue Code (26 U.S.C. 613A(c)(6)(E)).''.
(b) Conforming Amendment.--The table of contents for the
Energy Policy and Conservation Act is amended by inserting
after the item relating to section 168 the following:
``Sec. 169. Purchase of oil from marginal wells.''.
TITLE IV
FEDERAL ENERGY MANAGEMENT
SEC. 401. FEMP.
Section 801 of the National Energy Conservation Policy Act
(42 U.S.C. 8287(a)(2)(D)(iii) is amended by striking
``$750,000'' and inserting ``$10,000,000''.
TITLE V
ALASKA STATE JURISDICTION OVER SMALL HYDROELECTRIC PROJECTS
SEC. 501. ALASKA STATE JURISDICTION OVER SMALL HYDROELECTRIC
PROJECTS.
Part I of the Federal Power Act (16 U.S.C. 792 et seq.) is
amended by adding at the end the following:
``SEC. 32. ALASKA STATE JURISDICTION OVER SMALL HYDROELECTRIC
PROJECTS.
``(a) Discontinuance of Regulation by the Commission.--
Notwithstanding sections 4(e) and 23(b), the Commission shall
discontinue exercising licensing and regulatory authority
under this Part over qualifying project works in the State of
Alaska, effective on the date on which the Commission
certifies that the State of Alaska has in place a regulatory
program for water-power development that--
``(1) protects the public interest, the purposes listed in
paragraph (2), and the environment to the same extent
provided by licensing and regulation by the Commission under
this Part and other applicable Federal laws, including the
Endangered Species Act (16 U.S.C. 1531 et seq.) and the Fish
and Wildlife Coordination Act (16 U.S.C. 661 et seq.);
``(2) gives equal consideration to the purposes of--
``(A) energy conservation;
``(B) the protection, mitigation of damage to, and
enhancement of, fish and wildlife (including related spawning
grounds and habitat);
``(C) the protection of recreational opportunities,
``(D) the preservation of other aspects of environmental
quality,
``(E) the interests of Alaska Natives, and
``(F) other beneficial public uses, including irrigation,
flood control, water supply, and navigation; and
``(3) requires, as a condition of a license for any project
works--
``(A) the construction, maintenance, and operation by a
licensee at its own expense of such lights and signals as may
be directed by the Secretary of the Department in which the
Coast Guard is operating, and such fishways as may be
prescribed by the Secretary of the Interior or the Secretary
of Commerce, as appropriate;
``(B) the operation of any navigation facilities which may
be constructed as part of any project to be controlled at all
times by such reasonable rules and regulations as may be made
by the Secretary of the Army; and
``(C) conditions for the protection, mitigation, and
enhancement of fish and wildlife based on recommendations
received pursuant to the Fish and Wildlife Coordination Act
(16 U.S.C. 661 et seq.) from the National Marine Fisheries
Service, the United States Fish and Wildlife Service, and
State fish and wildlife agencies.
``(b) Definition of `Qualifying Project Works'.--For
purposes of this section, the term `qualifying project works'
means project works--
``(1) that are not part of a project licensed under this
Part or exempted from licensing under this Part or section
405 of the Public Utility Regulatory Policies Act of 1978
prior to the date of enactment of this section;
``(2) for which a preliminary permit, a license
application, or an application for an exemption from
licensing has not been accepted for filing by the Commission
prior to the date of enactment of subsection (c) unless such
application is withdrawn at the election of the applicant);
``(3) that are part of a project that has a power
production capacity of 5,000 kilowatts or less;
``(4) that are located entirely within the boundaries of
the State of Alaska; and
``(5) that are not located in whole or in part on any
Indian reservation, a conservation system unit (as defined in
section 102(4) of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3102(4))), or segment of a river
designated for study for addition to the Wild and Scenic
Rivers System.
``(c) Election of State Licensing.--In the case of
nonqualifying project works that would be a qualifying
project works but for the fact that the project has been
licensed (or exempted from licensing) by the Commission prior
to the enactment of this section,
[[Page
S10812]]
the licensee of such project may in its discretion elect to
make the project subject to licensing and regulation by the
State of Alaska under this system.
``(d) Project Works on Federal Lands.--With respect to
projects located in whole or in part on a reservation, a
conservation system unit, or the public lands, a State
licences or exemption from licensing shall be subject to--
``(1) the approval of the Secretary having jurisdiction
over such lands; and
``(2) such conditions as the Secretary may prescribe.
``(e) Consultation With Affected Agencies.--The Commission
shall consult with the Secretary of the Interior, the
Secretary of Agriculture, and the Secretary of Commerce
before certifying the State of Alaska's regulatory program.
``(f) Application of Federal Laws.--Nothing in this section
shall preempt the application of Federal environmental,
natural resources, or cultural resources protection laws
according to their terms.
``(g) Oversight by the Commission.--The State of Alaska
shall notify the Commission not later than 30 days after
making any significant modification to its regulatory
program. The Commission shall periodically review the State's
program to ensure compliance with the provisions of this
section.
``(h) Resumption of Commission Authority.--Notwithstanding
subsection (a), the Commission shall reassert its licensing
and regulatory authority under this Part if the Commission
finds that the State of Alaska has not complied with one or
more of the requirements of this section.
``(i) Determination by the Commission.--
``(1) Upon application by the Governor of the State of
Alaska, the Commission shall within 30 days commence a review
of the State of Alaska's regulatory program for water-power
development to determine whether it complies with the
requirements of Subsection (a).
``(2) The Commission's review required by Paragraph (1)
shall be completed with one year of initiation, and the
Commission shall within 30 days thereafter issue a final
order determining whether or not the State of Alaska's
regulatory program for waterpower development complies with
the requirements of subsection (a).
``(3) If the Commission fails to issue a final order in
accordance with paragraph (2) the State of Alaska's
regulatory program for water-powered development shall be
deemed to be in compliance with subsection (a).''.
TITLE VI
WEATHERIZATION, SUMMER FILL, HYDROELECTRIC LICENSING PROCEDURES, AND
INVENTORY OF OIL AND GAS RESERVES
SEC. 601. CHANGES IN WEATHERIZATION PROGRAM TO PROTECT LOW-
INCOME PERSONS.
(a) The matter under the heading ``Energy Conservation
(Including Transfer of Funds)'' in title II of the Department
of the Interior and Related Agencies Appropriations Act, 2000
(113 Stat. 1535, 1501A-180), is amended by striking
``grants:'' and all that follows and inserting ``grants.''.
(b) Section 415 of the Energy Conservation and Production
Act (42 U.S.C. 6865) is amended--
(1) in subsection (a)(1) by striking the first sentence;
(2) in subsection (a)(2) by--
(A) striking ``(A)''.
(B) striking ``approve a State's application to waive the
40 percent requirement established in paragraph (1) if the
State includes in its plan'' and inserting ``establish'', and
(C) striking subparagraph (B);
(3) in subsection (c)(1) by--
(A) striking ``paragraphs (3) and (4)'' and inserting
``paragraph (3)'',
(B) striking ``$1600'' and inserting ``$2500'',
(C) striking ``and'' at the end of subparagraph (C),
(D) striking the period and inserting ``, and'' in
subparagraph (D), and
(E) inserting after subparagraph (D) the following new
subparagraph:
``(E) the cost of making heating and cooling modifications,
including replacement'';
(4) in subsection (c)(3) by--
(A) striking ``1991, the $1600 per dwelling unit
limitation' and inserting `2000, the $2500 per dwelling unit
average'',
(B) striking ``limitation'' and inserting ``average'' each
time it appears, and
(C) inserting ``the'' after ``beginning of'' in
subparagraph (B); and
(5) by striking subsection (c)(4).
SEC. 602. SUMMER FILL AND FUEL BUDGETING PROGRAMS.
(a) Part C of title II of the Energy Policy and
Conservation Act (42 U.S.C.. 6211 et seq.) is amended by
adding at the end the following:
``SEC. 273. SUMMER FILL AND FUEL BUDGETING PROGRAMS.
``(a) Definitions.--In this section:
``(1) Budget contract.--The term `budget contract' means a
contract between a retailer and a consumer under which the
heating expenses of the consumer are spread evenly over a
period of months.
``(2) Fixed-price contract.--The term `fixed-price
contract' means a contract between a retailer and a consumer
under which the retailer charges the consumer a set price for
propane, kerosene, or heating oil without regard to market
price fluctuations.
``(3) Price cap contract.--The term `price cap contract'
means a contract between a retailer and a consumer under
which the retailer charges the consumer the market price for
propane, kerosene, or heating oil, but the cost of the
propane, kerosene, or heating oil may exceed a maximum amount
stated in the contract.
``(b) Assistance.--At the request of the chief executive
officer of a State, the Secretary shall provide information,
technical assistance, and funding--
``(1) to develop education and outreach programs to
encourage consumers to fill their storage facilities for
propane, kerosene, and heating oil during the summer months;
and
``(2) to promote the use of budget contracts, price cap
contracts, fixed-price contracts, and other advantageous
financial arrangements;
to avoid severe seasonal price increases for and supply
shortages of those products.
``(c) Preference.--In implementing this section, the
Secretary shall give preference to States that contribute
public funds or leverage private funds to develop State
summer fill and fuel budgeting programs.
``(d) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section--
``(1) $25,000,000 for fiscal year 2001; and
``(2) such sums as are necessary for each fiscal year
thereafter.
``(3) Inapplicability of Expiration Provision.--Section 281
does not apply to this section.''.
(b) The table of contents in the first section of the
Energy Policy and Conservation Act (42 U.S.C. prec. 6201) is
amended by inserting after the item relating to section 272
the following:
``Sec. 273. Summer fill and fuel budgeting programs.''.
SEC. 603. EXPEDITED FERC HYDROELECTRIC LICENSING PROCEDURES.
The Federal Energy Regulatory Commission shall, in
consultation with other appropriate agencies, immediately
undertake a comprehensive review of policies, procedures and
regulations for the licensing of hydroelectric projects to
determine how to reduce the cost and time of obtaining a
license. The Commission shall report its findings within six
months of the date of enactment to the Congress, including
any recommendations for legislative changes.
SEC. 604. SCIENTIFIC INVENTORY OF OIL AND GAS RESERVES.
(a) In General.--The Secretary of the Interior, in
consultation with the Secretaries of Agriculture and Energy,
shall conduct an inventory of all onshore federal lands. The
inventory shall identify:
(1) The United States Geological Survey reserve estimates
of the oil and gas resources underlying these lands, and;
(2) The extent and nature of any restrictions or
impediments to the development of such resources.
(b) Once completed, the USGS reserve estimates and the
surface availability data as provided in (a)(2) shall be
regularly updated and made publically available.
(c) The inventory shall be provided to the Committee on
Resources of the House of Representatives and to the
Committee on Energy and Natural Resources of the Senate
within two years after the date of enactment of this section.
(d) There are authorized to be appropriated such sums as
may be necessary to implement this section.
SEC. 605. ANNUAL HOME HEATING READINESS REPORTS.
(a) In General.--Part A of title I of the Energy Policy and
Conservation Act (42 U.S.C. 6211 et seq.) is amended by
adding at the end the following:
``SEC. 108. ANNUAL HOME HEATING READINESS REPORTS.
``(a) In General.--On or before September 1 of each year,
Secretary, acting through the Administrator of the Energy
Information Agency, shall submit to Congress a Home Heating
Readiness Report on the readiness of the natural gas, heating
oil and propane industries to supply fuel under various
weather conditions, including rapid decreases in temperature.
``(b) Contents.--The Home Heating Readiness Report shall
include--
``(1) estimates of the consumption, expenditures, and
average price per gallon of heating oil and propane and
thousand cubic feet of natural gas for the upcoming period of
October through March for various weather conditions, with
special attention to extreme weather, and various regions of
the country;
``(2) an evaluation of--
``(A) global and regional crude oil and refined product
supplies;
``(B) the adequacy and utilization of refinery capacity;
``(C) the adequacy, utilization, and distribution of
regional refined product storage capacity;
``(D) weather conditions;
``(E) the refined product transportation system;
``(F) market inefficiencies; and
``(G) any other factor affecting the functional capability
of the heating oil industry and propane industry that has the
potential to affect national or regional supplies and prices;
``(3) recommendations on steps that the Federal, State, and
local governments can take to prevent or alleviate the impact
of sharp and sustained increases in the price of natural gas,
heating oil and propane; and
``(4) recommendations on steps that companies engaged in
the production, refining, storage, transportation of heating
oil or propane, or any other activity related to the
[[Page
S10813]]
heating oil industry or propane industry, can take to prevent
or alleviate the impact of sharp and sustained increases in
the price of heating oil and propane.
``(c) Information Requests.--The Secretary may request
information necessary to prepare the Home Heating Readiness
Report from companies described in subsection (b)(4).''.
(b) Conforming and Technical Amendments.--The Energy Policy
and Conservation Act is amended--
(1) in the table of contents in the first section (42
U.S.C. prec. 6201), by inserting after the item relating to
section 106 the following:
``Sec. 107. Major fuel burning stationary source.
``Sec. 108. Annual home heating readiness reports.'';
and
(2) in section 107 (42 U.S.C. 6215), by striking ``SEC.
107. (a) No Governor'' and inserting the following:
``SEC. 107. MAJOR FUEL BURNING STATIONARY SOURCE.
``(a) No Governor''.
TITLE VII
NATIONAL OIL HEAT RESEARCH ALLIANCE ACT OF 1999
SEC. 701. SHORT TITLE.
This title may be cited as the `National Oilheat Research
Alliance Act of 2000'.
SEC. 702. FINDINGS.
Congress finds that--
(1) oilheat is an important commodity relied on by
approximately 30,000,000 Americans as an efficient and
economical energy source for commercial and residential space
and hot water heating;
(2) oilheat equipment operates at efficiencies among the
highest of any space heating energy source, reducing fuel
costs and making oilheat an economical means of space
heating;
(3) the production, distribution, and marketing of oilheat
and oilheat equipment plays a significant role in the economy
of the United States, accounting for approximately
$12,900,000,000 in expenditures annually and employing
millions of Americans in all aspects of the oilheat industry;
(4) only very limited Federal resources have been made
available for oilheat research, development, safety,
training, and education efforts, to the detriment of both
the oilheat industry and its 30,000,000 consumers; and
(5) the cooperative development, self-financing, and
implementation of a coordinated national oilheat industry
program of research and development, training, and consumer
education is necessary and important for the welfare of the
oilheat industry, the general economy of the United States,
and the millions of Americans that rely on oilheat for
commercial and residential space and hot water heating.
SEC. 703. DEFINITIONS.
In this title:
(1) Alliance.--The term ``Alliance'' means a national
oilheat research alliance established under section 704.
(2) Consumer education.--The term ``consumer education''
means the provision of information to assist consumers and
other persons in making evaluations and decisions regarding
oilheat and other nonindustrial commercial or residential
space or hot water heating fuels.
(3) Exchange.--The term ``exchange'' means an agreement
that--
(A) entitles each party or its customers to receive oilheat
from the other party; and
(B) requires only an insubstantial portion of the volumes
involved in the exchange to be settled in cash or property
other than the oilheat.
(4) Industry trade association.--The term ``industry trade
association'' means an organization described in paragraph
(3) or (6) of section 501(c) of the Internal Revenue Code of
1986 that is exempt from taxation under section 501(a) of
that Code and is organized for the purpose of representing
the oilheat industry.
(5) No. 1 distillate.--The term ``No. 1 distillate'' means
fuel oil classified as No. 1 distillate by the American
Society for Testing and Materials.
(6) No. 2 dyed distillate.--The term ``No. 2 dyed
distillate'' means fuel oil classified as No. 2 distillate by
the American Society for Testing and Materials that is
indelibly dyed in accordance with regulations prescribed by
the Secretary of the Treasury under section 4082(a)(2) of the
Internal Revenue Code of 1986.
(7) Oilheat.--The term ``oilheat'' means--
(A) No. 1 distillate; and
(B) No. 2 dyed distillate;
that is used as a fuel for nonindustrial commercial or
residential space or hot water heating.
(8) Oilheat industry.--
(A) In general.--The term ``oilheat industry'' means--
(i) persons in the production, transportation, or sale of
oilheat; and
(ii) persons engaged in the manufacture or distribution of
oilheat utilization equipment.
(B) Exclusion.--The term ``oilheat industry'' does not
include ultimate consumers of oilheat.
(9) Public member.--The term ``public member'' means a
member of the Alliance described in section 705(c)(1)(F).
(10) Qualified industry organization.--The term ``qualified
industry organization'' means the National Association for
Oilheat Research and Education or a successor organization.
(11) Qualified state association.--The term ``qualified
State association'' means the industry trade association or
other organization that the qualified industry organization
or the Alliance determines best represents retail marketers
in a State.
(12) Retail marketer.--The term ``retail marketer'' means a
person engaged primarily in the sale of oilheat to ultimate
consumers.
(13) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(14) Wholesale distributor.--The term ``wholesale
distributor'' means a person that--
(A)(i) produces No. 1 distillate or No. 2 dyed distillate;
(ii) imports No. 1 distillate or No. 2 dyed distillate; or
(iii) transports No. 1 distillate or No. 2 dyed distillate
across State boundaries or among local marketing areas; and
(B) sells the distillate to another person that does not
produce, import, or transport No. 1 distillate or No. 2 dyed
distillate across State boundaries or among local marketing
areas.
(15) State.--The term ``State'' means the several States,
except the State of Alaska.
SEC. 704. REFERENDA.
(a) Creation of Program.--
(1) In general.--The oilheat industry, through the
qualified industry organization, may conduct, at its own
expense, a referendum among retail marketers and wholesale
distributors for the establishment of a national oilheat
research alliance.
(2) Reimbursement of cost.--The Alliance, if established,
shall reimburse the qualified industry organization for the
cost of accounting and documentation for the referendum
(3) Conduct.--A referendum under paragraph (1) shall be
conducted by an independent auditing firm.
(4) Voting rights.--
(A) Retail marketers.--Voting rights of retail marketers in
a referendum under paragraph (1) shall be based on the volume
of oilheat sold in a State by each retail marketer in the
calendar year previous to the year in which the referendum is
conducted or in another representative period.
(B) Wholesale distributors.--Voting rights of wholesale
distributors in a referendum under paragraph (1) shall be
based on the volume of No. 1 distillate and No. 2 dyed
distillate sold in a State by each wholesale distributor in
the calendar year previous to the year in which the
referendum is conducted or in another representative period,
weighted by the ratio of the total volume of No. 1 distillate
and No. 2 dyed distillate sold for nonindustrial commercial
and residential space and hot water heating in the State to
the total volume of No. 1 distillate and No. 2 dyed
distillate sold in that State.
(5) Establishment by approval of two-thirds.--
(A) In general.--Subject to subparagraph (B), on approval
of persons representing two-thirds of the total volume of
oilheat voted in the retail marketer class and two-thirds of
the total weighted volume of No. 1 distillate and No. 2
dyed distillate voted in the wholesale distributor class,
the Alliance shall be established and shall be authorized
to levy assessments under section 107.
(B) Requirement of majority of retail marketers.--Except as
provided in subsection (b), the oilheat industry in a State
shall not participate in the Alliance if less than 50 percent
of the retail marketer vote in the State approves
establishment of the Alliance.
(6) Certification of volumes.--Each person voting in the
referendum shall certify to the independent auditing firm the
volume of oilheat, No. 1 distillate, or No. 2 dyed distillate
represented by the vote of the person.
(7) Notification.--Not later than 90 days after the date of
enactment of this title, a qualified State association may
notify the qualified industry organization in writing that a
referendum under paragraph (1) will not be conducted in the
State.
(b) Subsequent State Participation.--The oilheat industry
in a State that has not participated initially in the
Alliance may subsequently elect to participate by conducting
a referendum under subsection (a).
(c) Termination or Suspension.--
(1) In general.--On the initiative of the Alliance or on
petition to the Alliance by retail marketers and wholesale
distributors representing 25 percent of the volume of oilheat
or weighted No. 1 distillate and No. 2 dyed distillate in
each class, the Alliance shall, at its own expense, hold a
referendum, to be conducted by an independent auditing firm
selected by the Alliance, to determine whether the oilheat
industry favors termination or suspension of the Alliance.
(2) Volume percentages required to terminate or suspend.--
Termination or suspension shall not take effect unless
termination or suspension is approved by persons representing
more than one-half of the total volume of oilheat voted in
the retail marketer class or more than one-half of the total
volume of weighted No. 1 distillate and No. 2 dyed distillate
voted in the wholesale distributor class.
(3) Termination by a state.--A state may elect to terminate
participation by notifying the Alliance that 50 percent of
the oilheat volume in the state has voted in a referendum to
withdraw.
[[Page
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(d) Calculation of Oilheat Sales.--For the purposes of this
section and section 105, the volume of oilheat sold annually
in a State shall be determined on the basis of information
provided by the Energy Information Administration with
respect to a calendar year or other representative period.
SEC. 705. MEMBERSHIP.
(a) Selection.--
(1) In general.--Except as provided in subsection
(c)(1)(C), the qualified industry organization shall select
members of the Alliance representing the oilheat industry in
a State from a list of nominees submitted by the qualified
State association in the State.
(2) Vacancies.--A vacancy in the Alliance shall be filled
in the same manner as the original selection.
(b) Representation.--In selecting members of the Alliance,
the qualified industry organization shall make best efforts
to select members that are representative of the oilheat
industry, including representation of--
(1) interstate and intrastate operators among retail
marketers;
(2) wholesale distributors on No. 1 distillate and No. 2
dyed distillate;
(3) large and small companies among wholesale distributors
and retail marketers; and
(4) diverse geographic regions of the country.
(c) Number of Members.--
(1) In general.--The membership of the Alliance shall be as
follows:
(A) One member representing each State with oilheat sales
in excess of 32,000,000 gallons per year.
(B) If fewer than 24 States are represented under
subparagraph (A), 1 member representing each of the States
with the highest volume of annual oilheat sales, as necessary
to cause the total number of States represented under
subparagraph (A) and this subparagraph to equal 24.
(C) 5 representatives of retail marketers, 1 each to be
selected by the qualified State associations of the 5 States
with the highest volume of annual oilheat sales.
(D) 5 additional representatives of retail marketers.
(E) 21 representatives of wholesale distributors.
(F) 6 public members, who shall be representatives of
significant users of oilheat, the oilheat research community,
State energy officials, or other groups knowledgeable about
oilheat.
(2) Full-time owners or employees.--Other than the public
members, Alliance members shall be full-time owners or
employees of members of the oilheat industry, except that
members described in subparagraphs (C), (D), and (E) of
paragraph (1) may be employees of the qualified industry
organization or an industry trade association.
(d) Compensation.--Alliance members shall receive no
compensation for their service, nor shall Alliance members be
reimbursed for expenses relating to their service, except
that public members, on request, may be reimbursed for
reasonable expenses directly related to participation in
meetings of the Alliance.
(e) Terms.--
(1) In general.--Subject to paragraph (4), a member of the
Alliance shall serve a term of 3 years, except that a member
filling an unexpired term may serve a total of 7 consecutive
years.
(2) Term limit.--A member may serve not more than 2 full
consecutive terms.
(3) Former members.--A former member of the Alliance may be
returned to the Alliance if the member has not been a member
for a period of 2 years.
(4) Initial appointments.--Initial appointments to the
Alliance shall be for terms of 1, 2, and 3 years, as
determined by the qualified industry organization, staggered
to provide for the subsequent selection of one-third of the
members each year.
SEC. 706. FUNCTIONS.
(a) In General.--
(1) Programs, projects; contracts and other agreements.--
The Alliance--
(A) shall develop programs and projects and enter into
contracts or other agreements with other persons and entities
for implementing this title, including programs--
(i) to enhance consumer and employee safety and training;
(ii) to provide for research, development, and
demonstration of clean and efficient oilheat utilization
equipment; and
(iii) for consumer education; and
(B) may provide for the payment of the costs of carrying
out subparagraph (A) with assessments collected under section
707.
(2) Coordination.--The Alliance shall coordinate its
activities with industry trade associations and other persons
as appropriate to provide efficient delivery of services and
to avoid unnecessary duplication of activities.
(3) Activities.--
(A) Exclusions.--Activities under clause (i) or (ii) of
paragraph (1)(A) shall not include advertising, promotions,
or consumer surveys in support of advertising or promotions.
(B) Research, development, and demonstration activities.--
(i) In general.--Research, development, and demonstration
activities under paragraph (1)(A)(ii) shall include--
(I) all activities incidental to research, development, and
demonstration of clean and efficient oilheat utilization
equipment; and
(II) the obtaining of patents, including payments of
attorney's fees for making and perfecting a patent
application.
(ii) Excluded activities.--Research, development, and
demonstration activities under paragraph (1)(A)(ii) shall not
Major Actions:
All articles in Senate section
AMENDMENTS SUBMITTED
(Senate - October 19, 2000)
Text of this article available as:
TXT
PDF
[Pages S10808-
S10835]
AMENDMENTS SUBMITTED
______
SUGAR TARIFF LEGISLATION
______
BREAUX AMENDMENT NO. 4325
(Ordered referred to the Committee on Finance.)
Mr. BREAUX submitted an amendment intended to be proposed by him to
the bill (
S. 3116) to amend the Harmonized Tariff Schedule of the
United States to prevent circumvention of the sugar tariff-rate quotas;
as follows:
At the appropriate place, insert the following:
SEC. ____. PREVENTION OF CIRCUMVENTION OF SUGAR TARIFF-RATE
QUOTAS.
(a) Anticircumvention.--
(1) Amendment to additional united states notes.--
Additional United States Note 5(a)(i) of chapter 17 of the
Harmonized Tariff Schedule of the United States is amended--
(A) in the first sentence, by striking ``and 2106.90.44,''
and inserting ``1702.90.40, and 2106.90.44, and any other
article (other than an article classified under subheading
1701.11 or 1701.12) that is entered, or withdrawn from
warehouse for consumption, if the article is subsequently
used for the commercial extraction or production of sugar for
human consumption, or the article is otherwise used in any
manner that circumvents any quota imposed pursuant to the
notes to this chapter,''; and
(B) in the second sentence, by striking ``and molasses''
and inserting ``, molasses, and other articles,''.
(2) Rate of duty.--The rate of duty in effect under
subheading 1701.99.10 or 1701.99.50 of the Harmonized Tariff
Schedule of the United States, on the date of entry of
articles described in the applicable subheading shall apply
to any article which the Secretary of the Treasury determines
is circumventing the tariff-rate quota relating to articles
described in the applicable subheading.
(3) Animal feed.--Notwithstanding any other provision of
law, no tariff-rate quota may be imposed under Additional
United States Note 5(a)(i) of chapter 17 of the Harmonized
Tariff Schedule, on molasses that is used for animal
consumption in the United States.
(b) Conforming Amendment.--Chapter 17 of the Harmonized
Tariff Schedule of the United States is amended by striking
subheading 1702.90.40 and inserting in numerical sequence the
following new subheadings:
`` 1702.90.40 Described in 3.6606 cents/kg less Free (A*, CA, E*, 6.58170 cents/kg
additional 0.020668 cents/kg IL, J, MX) less 0.0622005
United for each degree cents/kg for each
States note under 100 degrees degree under 100
5 to this (and fractions of a degrees (and
chapter and degree in fractions of a
entered proportion) but not degree in
pursuant to less than 3.143854 proportion) but not
its cents/kg less than 5.031562
provisions cents/kg
[[Page
S10809]]
1702.90.45 Other 35.74 cents/kg 28.247 cents/kg less 42.05 cents/kg
0.4 cents/kg for
each degree under
100 degrees (and
fractions of a
degree in
proportion) but not
less than 18.256
cents/kg (MX)
(c) Effective Date.--The amendments made by this section
apply to goods entered, or withdrawn from warehouse for
consumption, on or after the 15th day after the date of
enactment of this Act.
______
COLORADO UTE SETTLEMENT ACT AMENDMENTS OF 2000
______
FEINGOLD AMENDMENT NO. 4326
Mr. FEINGOLD proposed an amendment to amendment No. 4303 proposed by
Mr. Campbell the bill (
S. 2508) to amend the Colorado Ute Indian Water
Rights Settlement Act of 1988 to provide for a final settlement of the
claims of the Colorado Ute Indian Tribes, and for other purposes; as
follows:
On page 10 of the amendment, line 11, insert ``, to
restrict the availability or scope of judicial review, or to
in any way affect the outcome of judicial review of any
decision based on such analysis'' before the period.
On page 10 of the amendment, strike lines 12 through 23 and
insert the following:
``(C) Limitation.--No facilities of the Animas-La Plata
Project, as authorized under the Act of April 11, 1956 (43
U.S.C. 620) (commonly referred to as the `Colorado River
Storage Act'), other than those specifically authorized in
subparagraph (A), are authorized after the date of enactment
of this Act.''
On page 11 of the amendment, beginning on line 21, strike
``Such repayment'' and all that follows through ``.).'' on
line 24.
On page 12 of the amendment, line 9, insert after the
period the following: ``Fish and wildlife mitigation costs
associated with the facilities described in paragraph
(1)(A)(i) shall be reimbursable joint costs of the Animas-La
Plata Project. Recreation costs shall be 100 percent
reimbursable by nontribal users.''.
On page 13 of the amendment, beginning on line 2, strike
``Additional'' and all that follows through line 6.
______
STRATEGIC PETROLEUM RESERVE REAUTHORIZATION
______
MURKOWSKI (AND BINGAMAN) AMENDMENT NO. 4327
Mr. SESSIONS (for Mr. Murkowski (for himself and Mr. Bingaman))
proposed an amendment to the bill (
H.R. 2884) to extend energy
conservation programs under the Energy Policy and Conservation Act
through fiscal year 2003; as follows:
Strike all after the enacting clause and insert in lieu
thereof the following:
SEC. 1. SHORT TITLE.
This Act may be cited as the Energy Act of 2000.
TITLE I
STRATEGIC PETROLEUM RESERVE
SEC. 101. SHORT TITLE.
This title may be cited as the ``Energy Policy and
Conservation Act Amendments of 2000''.
SECTION. 102.
Section 2 of the Energy Policy and Conservation Act (42
U.S.C. 6201) is amended--
(a) in paragraph (1) by striking ``standby'' and ``,
subject to congressional review, to impose rationing, to
reduce demand for energy through the implementation of energy
conservation plans, and''; and
(b) by striking paragraphs (3) and (6).
SECTION. 103.
Title I of the Energy Policy and Conservation Act (42
U.S.C. 6211-6251) is amended--
(a) by striking section 102 (42 U.S.C. 6211) and its
heading;
(b) by striking section 104(b)(1);
(c) by striking section 106 (42 U.S.C. 6214) and its
heading;
(d) by amending section 151(b) (42 U.S.C. 6231) to read as
follows:
``(b) It is the policy of the United States to provide for
the creation of a Strategic Petroleum Reserve for the storage
of up to 1 billion barrels of petroleum products to reduce
the impact of disruptions in supplies of petroleum products,
to carry out obligations of the United States under the
international energy program, and for other purposes as
provided for in this Act.'';
(e) in section 152 (42 U.S.C. 6232)--
(1) by striking paragraphs (1), (3) and (7), and
(2) in paragraph (11) by striking ``; such term includes
the Industrial Petroleum Reserve, the Early Storage Reserve,
and the Regional Petroleum Reserve''.
(f) by striking section 153 (42 U.S.C. 623) and its
heading;
(g) in section 154 (42 U.S.C. 6234)--
(1) by amending subsection (a) to read as follows:
``(a) A Strategic Petroleum Reserve for the storage of up
to 1 billion barrels of petroleum products shall be created
pursuant to this part.'';
(2) by amending subsection (b) to read as follows:
``(b) The Secretary, in accordance with this part, shall
exercise authority over the development, operation, and
maintenance of the Reserve.''; and
(3) by striking subsections (c), (d), and (e);
(h) by striking section 155 (42 U.S.C. 6235) and its
heading;
(i) by striking section 156 (42 U.S.C. 6236) and its
heading;
(j) by striking section 157 (42 U.S.C. 6237) and its
heading;
(k) by striking section 158 (42 U.S.C. 6238) and its
heading;
(l) by amending the heading for section 159 (42 U.S.C.
6239) to read, ``Development, Operation, and Maintenance of
the Reserve'';
(m) in section 159 (42 U.S.C. 6239)--
(1) by striking subsections (a), (b), (c), (d), and (e);
(2) by amending subsection (f) to read as follows:
``(f) In order to develop, operate, or maintain the
Strategic Petroleum Reserve, the Secretary may:
``(1) issue rules, regulations, or orders;
``(2) acquire by purchase, condemnation, or otherwise, land
or interests in land for the location of storage and related
facilities;
``(3) construct, purchase, lease, or otherwise acquire
storage and related facilities;
``(4) use, lease, maintain, sell or otherwise dispose of
land or interests in land, or of storage and related
facilities acquired under this part, under such terms and
conditions as the Secretary considers necessary or
appropriate;
``(5) acquire, subject to the provisions of section 160, by
purchase, exchange, or otherwise, petroleum products for
storage in the Strategic Petroleum Reserve;
``(6) store petroleum products in storage facilities owned
and controlled by the United States or in storage facilities
owned by others if those facilities are subject to audit by
the United States;
``(7) execute any contracts necessary to develop, operate,
or maintain the Strategic Petroleum Reserve;
``(8) bring an action, when the Secretary considers it
necessary, in any court having jurisdiction over the
proceedings, to acquired by condemnation any real or personal
property, including facilities, temporary use of facilities,
or other interests in land, together with any personal
property located on or used with the land.''; and
(3) in subsection (g)--
(A) by striking ``implementation'' and inserting
``development''; and
(B) by striking ``Plan'';
(4) by striking subsections (h) and (i);
(5) by amending subsection (j) to read as follows:
``(j) If the Secretary determines expansion beyond
700,000,000 barrels of petroleum product inventory is
appropriate, the Secretary shall submit a plan for expansion
to the Congress.''; and
(6) by amending subsection (I) to read as follows:
``(I) During a drawdown and sale of Strategic Petroleum
Reserve petroleum products, the Secretary may issue
implementing rules, regulations, or orders in accordance with
section 553 of title 5, United States Code, without regard to
rulemaking requirements in section 523 of this Act, and
section 501 of the Department of Energy Organizations Act (42
U.S.C. 7191).'';
(n) in section 160 (420 U.S.C. 6240)--
(1) in subsection (a), by striking all before the dash and
inserting the following--
``(a) The Secretary may acquire, place in storage,
transport, or exchange'';
(2) in subsection (a)(1) by striking all after ``Federal
lands'';
(3) in subsection (b), by striking ``, including the Early
Storage Reserve and the Regional Petroleum Reserve'' and by
striking paragraph (2); and
(4) by striking subsections (c), (d), (e), and (g);
(o) in section 161 (42 U.S.C. 6241)--
(1) by striking ``Distribution of the Reserve'' in the
title of this section and inserting ``Sale of Petroleum
Products'';
(2) in subsection (a), by striking ``drawdown and
distribute'' and inserting ``draw down and sell petroleum
products in'';
(3) by striking subsection (b), (c), and (f);
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(4) by amending subsection (d)(1) to read as follows:
``(d)(1) Drawdown and sale of petroleum products from the
Strategic Petroleum Reserve may not be made unless the
President has found drawdown and sale are required by a
severe energy supply interruption or by obligations of the
United States under the international energy program.'';
(5) by amending subsection (e) to read as follows:
``(e)(1) The Secretary shall sell petroleum products
withdrawn from the Strategic Petroleum Reserve at public sale
to the highest qualified bidder in the amounts, for the
period, and after a notice of sale considered appropriate by
the Secretary, and without regard to Federal, State, or local
regulations controlling sales of petroleum products.
``(2) The Secretary may cancel in whole or in part any
offer to sell petroleum products as part of any drawdown and
sale under this Section.''; and
(6) in subsection (g)--
(A) by amending paragraph (1) to read as follows:
``(g)(1) The Secretary shall conduct a continuing
evaluation of the drawdown and sales procedures. In the
conduct of an evaluation, the Secretary is authorized to
carry out a test drawdown and sale or exchange of petroleum
products from the Reserve. Such a test drawdown and sale or
exchange may not exceed 5,000,000 barrels of petroleum
products.'';
(B) by striking paragraphs (2);
(C) in paragraph (4), by striking ``90'' and inserting
``95'';
(D) in paragraph (5), by striking ``drawdown and
distribution'' and inserting ``test'';
(E) by amending paragraph (6) to read as follows:
``(6) In the case of a sale of any petroleum products under
this subsection, the Secretary shall, to the extent funds are
available in the SPR Petroleum Account as a result of such
sale, acquire petroleum products for the Reserve within the
12-month period beginning after completion of the sale.'';
and
(F) in paragraph (8), by striking ``drawdown and
distribution'' and inserting ``test'';
(7) in subsection (h)--
(A) in paragraph (1) by striking ``distribute'' and
inserting ``sell petroleum products from'';
(B) by deleting ``and'' at the end of paragraph (1)(A) and
by deleting ``shortage,'' at the end of paragraph (1)(B) and
inserting ``shortage; and
``(C) the Secretary of Defense has found that action taken
under this subsection will not impair national security,'';
(C) in paragraph (2) by striking ``In no case may the
Reserve'' and inserting ``Petroleum products from the Reserve
may not''; and
(D) in paragraph (3) by striking ``distribution'' each time
it appears and inserting ``sale'';
(p) by striking section 164 (42 U.S.C. 6244) and its
heading;
(q) by amending section 165 (42 U.S.C. 6245) and its
heading to read as follows--
``Annual Report
``Sec. 165. The Secretary shall report annually to the
President and the Congress on actions taken to implement this
part. This report shall include--
``(1) the status of the physical capacity of the Reserve
and the type and quantity of petroleum products in the
Reserve;
``(2) an estimate of the schedule and cost to complete
planned equipment upgrade or capital investment in the
Reserve, including upgrades and investments carried out as
part of operational maintenance or extension of life
activities;
``(3) an identification of any life-limiting conditions or
operational problems at any Reserve facility, and proposed
remedial actions including an estimate of the schedule and
cost of implementing those remedial actions;
``(4) a description of current withdrawal and distribution
rates and capabilities, and an identification of any
operational or other limitations on those rates and
capabilities;
``(5) a listing of petroleum product acquisitions made in
the preceding year and planned in the following year,
including quantity, price, and type of petroleum;
``(6) a summary of the actions taken to develop, operate,
and maintain the Reserve;
``(7) a summary of the financial status and financial
transactions of the Strategic Petroleum Reserve and Strategic
Petroleum Reserve Petroleum Accounts for the year.
``(8) a summary of expenses for the year, and the number of
Federal and contractor employees;
``(9) the status of contracts for development, operation,
maintenance, distribution, and other activities related to
the implementation of this part;
``(10) a summary of foreign oil storage agreements and
their implementation status;
``(11) any recommendations for supplemental legislation or
policy or operational changes the Secretary considers
necessary or appropriate to implement this part.'';
(r) in section 166 (42 U.S.C. 6246) by striking ``for
fiscal year 1997.'';
(s) in section 167 (42 U.S.C. 6247)--
(1) in subsection (b)--
(A) by striking ``and the drawdown'' and inserting ``for
test sales of petroleum products from the Reserve, and for
the drawdown, sale,'';
(B) by striking paragraph (1); and
(C) in paragraph (2), by striking ``after fiscal year
1982''; and
(2) by striking subsection (e);
(t) in section 171 (42 U.S.C. 6249)--
(1) by amending subsection (b)(2)(B) to read as follows:
``(B) the Secretary notifies each House of the Congress of
the determination and identifies in the notification the
location, type, and ownership of storage and related
facilities proposed to be included, or the volume, type, and
ownership of petroleum products proposed to be stored, in the
Reserve, and an estimate of the proposed benefits.'';
(2) in subsection (b)(3), by striking ``distribution of''
and inserting ``sale of petroleum products from'';
(u) in section 172 (42 U.S.C. 6249a), by striking
subsections (a) and (b);
(v) by striking section 173 (42 U.S.C. 6249b) and its
heading; and
(w) in section 181 (42 U.S.C. 6251), by striking ``March
31, 2000'' each time it appears and inserting ``September 30,
2003''.
SECTION. 104.
Title II of the Energy Policy and Conservation Act (42
U.S.C. 6211-6251) is amended--
(a) by striking Part A (42 U.S.C. 6261 through 6264) and
its heading;
(b) by adding at the end of section 256(h), ``There are
authorized to be appropriated for fiscal years 2000 through
2003, such sums as may be necessary.''
(c) by striking Part C (42 U.S.C. 6281 through 6282) and
its heading; and
(d) in section 281 (42 U.S.C. 6285), by striking ``March
31, 2000'' each time it appears and inserting ``September 30,
2003''.
SEC. 105. CLERICAL AMENDMENTS.
The Table of Contents for the Energy Policy and
Conservation Act is amended--
(a) by striking the items relating to sections 102, 106,
153, 155, 156, 157, 158, and 164;
(b) by amending the item relating to section 159 to read as
follows: ``Development, Operation, and Maintenance of the
Reserve.'';
(c) by amending the item relating to section 161 to read as
follows: ``Drawdown and Sale of Petroleum Products''; and
(d) by amending the item relating to section 165 to read as
follows: ``Annual Report''.
TITLE II
HEATING OIL RESERVE
SEC. 201. NORTHEAST HOME HEATING OIL RESERVE.
(a) Title I of the Energy Policy and Conservation Act is
amended by--
(1) redesignating part D as part E;
(2) redesignating section 181 as section 191; and
(3) inserting after part C the following new part D:
``PART D--NORTHEAST HOME HEATING OIL RESERVE
``establishment
``Sec. 181. (a) Notwithstanding any other provision of this
Act, the Secretary may establish, maintain, and operate in
the Northeast a Northeast Home Heating Oil Reserve. A Reserve
established under this part is not a component of the
Strategic Petroleum Reserve established under part B of this
title. A Reserve established under this part shall contain no
more than 2 million barrels of petroleum distillate.
``(b) For the purposes of this part--
``(1) the term `Northeast' means the States of Maine, New
Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island,
New York, Pennsylvania, and New Jersey;
``(2) the term `petroleum distillate' includes heating oil
and diesel fuel; and
``(3) the term `Reserve' means the Northeast Home Heating
Oil Reserve established under this part.
``authority
``Sec. 182. To the extent necessary or appropriate to carry
out this part, the Secretary may----
``(1) purchase, contract for, lease, or otherwise acquire,
in whole or in part, storage and related facilities, and
storage services;
``(2) use, lease, maintain, sell, or otherwise dispose of
storage and related facilities acquired under this part;
``(3) acquire by purchase, exchange (including exchange of
petroleum product from the Strategic Petroleum Reserve or
received as royalty from Federal lands), lease, or otherwise,
petroleum distillate for storage in the Northeast Home
Heating Oil Reserve;
``(4) store petroleum distillate in facilities not owned by
the United States; and
``(5) sell, exchange, or otherwise dispose of petroleum
distillate from the Reserve established under this part,
including to maintain the quality or quantity of the
petroleum distillate in the Reserve or to maintain the
operational capability of the Reserve.
``conditions for release; plan
``Sec. 183. (a) Finding.--The Secretary may sell product
from the Reserve only upon a finding by the President that
there is a severe energy supply interruption. Such a finding
may be made only if he determines that--
``(1) a dislocation in the heating oil market has resulted
from such interruption; or
``(2) a circumstance, other than that described in
paragraph (1), exists that constitutes a regional supply
shortage of significant scope and duration and that action
taken under this section would assist directly and
significantly in reducing the adverse impact of such
shortage.
``(b) Definition.--For purposes of this section a
`dislocation in the heating oil market' shall be deemed to
occur only when--
``(1) The price differential between crude oil, as
reflected in an industry daily publication such as `Platt's
Oilgram Price Report'
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or `Oil Daily' and No. 2 heating oil, as reported in the
Energy Information Administration's retail price data for the
Northeast, increases by more tan 60% over its five year
rolling average for the months of mid-October through March,
and continues for 7 consecutive days; and
``(2) The price differential continues to increase during
the most recent week for which price information is
available.
``(c) The Secretary shall conduct a continuing evaluation
of the residential price data supplied by the Energy
Information Administration for the Northeast and data on
crude oil prices from published sources.
``(d) After consultation with the heating oil industry, the
Secretary shall determine procedures governing the release of
petroleum distillate from the Reserve. The procedures shall
provide that:
``(1) The Secretary may--
``(A) sell petroleum distillate from the Reserve through a
competitive process, or
``(B) enter into exchange agreements for the petroleum
distillate that results in the Secretary receiving a greater
volume of petroleum distillate as repayment than the volume
provided to the acquirer;
``(2) In such sales or exchanges, the Secretary shall
receive revenue or its equivalent in petroleum distillate
that provides the Department with fair market value. At no
time may the oil be sold or exchanged resulting in a loss of
revenue or value to the United States; and
``(3) The Secretary shall only sell or dispose of the oil
in the Reserve to entities customarily engaged in the sale
and distribution of petroleum distillate.
``(e) Within 45 days of the date of the enactment of this
section, the Secretary shall transmit to the President and,
if the President approves, to the Congress a plan
describing--
``(1) the acquisition of storage and related facilities or
storage services for the Reserve, including the potential use
of storage facilities not currently in use;
``(2) the acquisition of petroleum distillate for storage
in the Reserve;
``(3) the anticipated methods of disposition of petroleum
distillate from the Reserve;
``(4) the estimated costs of establishment, maintenance,
and operation of the Reserve;
``(5) efforts the Department will take to minimize any
potential need for future drawdowns and ensure that
distributors and importers are not discouraged from
maintaining and increasing supplies to the Northeast; and
``(6) actions to ensure quality of the petroleum distillate
in the Reserve.
``northeast home heating oil reserve account
``Sec. 184. (a) Upon a decision of the Secretary of Energy
to establish a Reserve under this part, the Secretary of the
Treasury shall establish in the Treasury of the United States
an account known as the `Northeast Home Heating Oil Reserve
Account' (referred to in this section as the `Account').
``(b) the Secretary of the Treasury shall deposit in the
Account any amounts appropriated to the Account and any
receipts from the sale, exchange, or other disposition of
petroleum distillate from the Reserve.
``(c) The Secretary of Energy may obligate amounts in the
Account to carry out activities under this part without the
need for further appropriation, and amounts available to the
Secretary of Energy for obligation under this section shall
remain available without fiscal year limitation.
``exemptions
``Sec. 185. An action taken under this part is not subject
to the rulemaking requirements of section 523 of this Act,
section 501 of the Department of Energy Organization Act, or
section 553 of title 5, United States Code.
``authorization of appropriations
``Sec. 186. There are authorized to be appropriated for
fiscal years 2001, 2002, and 2003 such sums as may be
necessary to implement this part.''.
SEC. 202. USE OF ENERGY FUTURES FOR FUEL PURCHASES.
(a) Heating Oil Study.--The Secretary shall conduct a study
on--
(1) the use of energy futures and options contracts to
provide cost-effective protection from sudden surges in the
price of heating oil (including number two fuel oil, propane,
and kerosine) for state and local government agencies,
consumer cooperatives, and other organizations that purchase
heating oil in bulk to market to end use consumers in the
Northeast (as defined in section 201); and
(2) how to most effectively inform organizations identified
in paragraph (1) about the benefits and risks of using energy
futures and options contracts.
(b) Report.--The Secretary shall transmit the study
required in this section to the Committee on Commerce of the
House of Representatives and the Committee on Energy and
Natural Resources of the Senate not later than 180 days after
the enactment of this section. The report shall contain a
review of prior studies conducted on the subjects described
in subsection (a).
MARGINAL WELL PURCHASES
SEC. 301. PURCHASE OF OIL FROM MARGINAL WELLS.
(a) Purchase of Oil From Marginal Wells.--Part B of Title I
of the Energy Policy and Conservation Act (42 U.S.C. 6232 et
seq.) is amended by adding the following new section after
section 168:
``purchase of oil from marginal wells
``Sec. 169. (a) In General.--From amounts authorized under
section 166, in any case in which the price of oil decreases
to an amount less than $15.00 per barrel (an amount equal to
the annual average well head price per barrel for all
domestic crude oil), adjusted for inflation, the Secretary
may purchase oil from a marginal well at $15.00 per barrel,
adjusted for inflation.
``(b) Definition of Marginal Well.--The term `marginal
well' has the same meaning as the definition of `stripper
well property' in section 613A(c)(6)(E) of the Internal
Revenue Code (26 U.S.C. 613A(c)(6)(E)).''.
(b) Conforming Amendment.--The table of contents for the
Energy Policy and Conservation Act is amended by inserting
after the item relating to section 168 the following:
``Sec. 169. Purchase of oil from marginal wells.''.
TITLE IV
FEDERAL ENERGY MANAGEMENT
SEC. 401. FEMP.
Section 801 of the National Energy Conservation Policy Act
(42 U.S.C. 8287(a)(2)(D)(iii) is amended by striking
``$750,000'' and inserting ``$10,000,000''.
TITLE V
ALASKA STATE JURISDICTION OVER SMALL HYDROELECTRIC PROJECTS
SEC. 501. ALASKA STATE JURISDICTION OVER SMALL HYDROELECTRIC
PROJECTS.
Part I of the Federal Power Act (16 U.S.C. 792 et seq.) is
amended by adding at the end the following:
``SEC. 32. ALASKA STATE JURISDICTION OVER SMALL HYDROELECTRIC
PROJECTS.
``(a) Discontinuance of Regulation by the Commission.--
Notwithstanding sections 4(e) and 23(b), the Commission shall
discontinue exercising licensing and regulatory authority
under this Part over qualifying project works in the State of
Alaska, effective on the date on which the Commission
certifies that the State of Alaska has in place a regulatory
program for water-power development that--
``(1) protects the public interest, the purposes listed in
paragraph (2), and the environment to the same extent
provided by licensing and regulation by the Commission under
this Part and other applicable Federal laws, including the
Endangered Species Act (16 U.S.C. 1531 et seq.) and the Fish
and Wildlife Coordination Act (16 U.S.C. 661 et seq.);
``(2) gives equal consideration to the purposes of--
``(A) energy conservation;
``(B) the protection, mitigation of damage to, and
enhancement of, fish and wildlife (including related spawning
grounds and habitat);
``(C) the protection of recreational opportunities,
``(D) the preservation of other aspects of environmental
quality,
``(E) the interests of Alaska Natives, and
``(F) other beneficial public uses, including irrigation,
flood control, water supply, and navigation; and
``(3) requires, as a condition of a license for any project
works--
``(A) the construction, maintenance, and operation by a
licensee at its own expense of such lights and signals as may
be directed by the Secretary of the Department in which the
Coast Guard is operating, and such fishways as may be
prescribed by the Secretary of the Interior or the Secretary
of Commerce, as appropriate;
``(B) the operation of any navigation facilities which may
be constructed as part of any project to be controlled at all
times by such reasonable rules and regulations as may be made
by the Secretary of the Army; and
``(C) conditions for the protection, mitigation, and
enhancement of fish and wildlife based on recommendations
received pursuant to the Fish and Wildlife Coordination Act
(16 U.S.C. 661 et seq.) from the National Marine Fisheries
Service, the United States Fish and Wildlife Service, and
State fish and wildlife agencies.
``(b) Definition of `Qualifying Project Works'.--For
purposes of this section, the term `qualifying project works'
means project works--
``(1) that are not part of a project licensed under this
Part or exempted from licensing under this Part or section
405 of the Public Utility Regulatory Policies Act of 1978
prior to the date of enactment of this section;
``(2) for which a preliminary permit, a license
application, or an application for an exemption from
licensing has not been accepted for filing by the Commission
prior to the date of enactment of subsection (c) unless such
application is withdrawn at the election of the applicant);
``(3) that are part of a project that has a power
production capacity of 5,000 kilowatts or less;
``(4) that are located entirely within the boundaries of
the State of Alaska; and
``(5) that are not located in whole or in part on any
Indian reservation, a conservation system unit (as defined in
section 102(4) of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3102(4))), or segment of a river
designated for study for addition to the Wild and Scenic
Rivers System.
``(c) Election of State Licensing.--In the case of
nonqualifying project works that would be a qualifying
project works but for the fact that the project has been
licensed (or exempted from licensing) by the Commission prior
to the enactment of this section,
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the licensee of such project may in its discretion elect to
make the project subject to licensing and regulation by the
State of Alaska under this system.
``(d) Project Works on Federal Lands.--With respect to
projects located in whole or in part on a reservation, a
conservation system unit, or the public lands, a State
licences or exemption from licensing shall be subject to--
``(1) the approval of the Secretary having jurisdiction
over such lands; and
``(2) such conditions as the Secretary may prescribe.
``(e) Consultation With Affected Agencies.--The Commission
shall consult with the Secretary of the Interior, the
Secretary of Agriculture, and the Secretary of Commerce
before certifying the State of Alaska's regulatory program.
``(f) Application of Federal Laws.--Nothing in this section
shall preempt the application of Federal environmental,
natural resources, or cultural resources protection laws
according to their terms.
``(g) Oversight by the Commission.--The State of Alaska
shall notify the Commission not later than 30 days after
making any significant modification to its regulatory
program. The Commission shall periodically review the State's
program to ensure compliance with the provisions of this
section.
``(h) Resumption of Commission Authority.--Notwithstanding
subsection (a), the Commission shall reassert its licensing
and regulatory authority under this Part if the Commission
finds that the State of Alaska has not complied with one or
more of the requirements of this section.
``(i) Determination by the Commission.--
``(1) Upon application by the Governor of the State of
Alaska, the Commission shall within 30 days commence a review
of the State of Alaska's regulatory program for water-power
development to determine whether it complies with the
requirements of Subsection (a).
``(2) The Commission's review required by Paragraph (1)
shall be completed with one year of initiation, and the
Commission shall within 30 days thereafter issue a final
order determining whether or not the State of Alaska's
regulatory program for waterpower development complies with
the requirements of subsection (a).
``(3) If the Commission fails to issue a final order in
accordance with paragraph (2) the State of Alaska's
regulatory program for water-powered development shall be
deemed to be in compliance with subsection (a).''.
TITLE VI
WEATHERIZATION, SUMMER FILL, HYDROELECTRIC LICENSING PROCEDURES, AND
INVENTORY OF OIL AND GAS RESERVES
SEC. 601. CHANGES IN WEATHERIZATION PROGRAM TO PROTECT LOW-
INCOME PERSONS.
(a) The matter under the heading ``Energy Conservation
(Including Transfer of Funds)'' in title II of the Department
of the Interior and Related Agencies Appropriations Act, 2000
(113 Stat. 1535, 1501A-180), is amended by striking
``grants:'' and all that follows and inserting ``grants.''.
(b) Section 415 of the Energy Conservation and Production
Act (42 U.S.C. 6865) is amended--
(1) in subsection (a)(1) by striking the first sentence;
(2) in subsection (a)(2) by--
(A) striking ``(A)''.
(B) striking ``approve a State's application to waive the
40 percent requirement established in paragraph (1) if the
State includes in its plan'' and inserting ``establish'', and
(C) striking subparagraph (B);
(3) in subsection (c)(1) by--
(A) striking ``paragraphs (3) and (4)'' and inserting
``paragraph (3)'',
(B) striking ``$1600'' and inserting ``$2500'',
(C) striking ``and'' at the end of subparagraph (C),
(D) striking the period and inserting ``, and'' in
subparagraph (D), and
(E) inserting after subparagraph (D) the following new
subparagraph:
``(E) the cost of making heating and cooling modifications,
including replacement'';
(4) in subsection (c)(3) by--
(A) striking ``1991, the $1600 per dwelling unit
limitation' and inserting `2000, the $2500 per dwelling unit
average'',
(B) striking ``limitation'' and inserting ``average'' each
time it appears, and
(C) inserting ``the'' after ``beginning of'' in
subparagraph (B); and
(5) by striking subsection (c)(4).
SEC. 602. SUMMER FILL AND FUEL BUDGETING PROGRAMS.
(a) Part C of title II of the Energy Policy and
Conservation Act (42 U.S.C.. 6211 et seq.) is amended by
adding at the end the following:
``SEC. 273. SUMMER FILL AND FUEL BUDGETING PROGRAMS.
``(a) Definitions.--In this section:
``(1) Budget contract.--The term `budget contract' means a
contract between a retailer and a consumer under which the
heating expenses of the consumer are spread evenly over a
period of months.
``(2) Fixed-price contract.--The term `fixed-price
contract' means a contract between a retailer and a consumer
under which the retailer charges the consumer a set price for
propane, kerosene, or heating oil without regard to market
price fluctuations.
``(3) Price cap contract.--The term `price cap contract'
means a contract between a retailer and a consumer under
which the retailer charges the consumer the market price for
propane, kerosene, or heating oil, but the cost of the
propane, kerosene, or heating oil may exceed a maximum amount
stated in the contract.
``(b) Assistance.--At the request of the chief executive
officer of a State, the Secretary shall provide information,
technical assistance, and funding--
``(1) to develop education and outreach programs to
encourage consumers to fill their storage facilities for
propane, kerosene, and heating oil during the summer months;
and
``(2) to promote the use of budget contracts, price cap
contracts, fixed-price contracts, and other advantageous
financial arrangements;
to avoid severe seasonal price increases for and supply
shortages of those products.
``(c) Preference.--In implementing this section, the
Secretary shall give preference to States that contribute
public funds or leverage private funds to develop State
summer fill and fuel budgeting programs.
``(d) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section--
``(1) $25,000,000 for fiscal year 2001; and
``(2) such sums as are necessary for each fiscal year
thereafter.
``(3) Inapplicability of Expiration Provision.--Section 281
does not apply to this section.''.
(b) The table of contents in the first section of the
Energy Policy and Conservation Act (42 U.S.C. prec. 6201) is
amended by inserting after the item relating to section 272
the following:
``Sec. 273. Summer fill and fuel budgeting programs.''.
SEC. 603. EXPEDITED FERC HYDROELECTRIC LICENSING PROCEDURES.
The Federal Energy Regulatory Commission shall, in
consultation with other appropriate agencies, immediately
undertake a comprehensive review of policies, procedures and
regulations for the licensing of hydroelectric projects to
determine how to reduce the cost and time of obtaining a
license. The Commission shall report its findings within six
months of the date of enactment to the Congress, including
any recommendations for legislative changes.
SEC. 604. SCIENTIFIC INVENTORY OF OIL AND GAS RESERVES.
(a) In General.--The Secretary of the Interior, in
consultation with the Secretaries of Agriculture and Energy,
shall conduct an inventory of all onshore federal lands. The
inventory shall identify:
(1) The United States Geological Survey reserve estimates
of the oil and gas resources underlying these lands, and;
(2) The extent and nature of any restrictions or
impediments to the development of such resources.
(b) Once completed, the USGS reserve estimates and the
surface availability data as provided in (a)(2) shall be
regularly updated and made publically available.
(c) The inventory shall be provided to the Committee on
Resources of the House of Representatives and to the
Committee on Energy and Natural Resources of the Senate
within two years after the date of enactment of this section.
(d) There are authorized to be appropriated such sums as
may be necessary to implement this section.
SEC. 605. ANNUAL HOME HEATING READINESS REPORTS.
(a) In General.--Part A of title I of the Energy Policy and
Conservation Act (42 U.S.C. 6211 et seq.) is amended by
adding at the end the following:
``SEC. 108. ANNUAL HOME HEATING READINESS REPORTS.
``(a) In General.--On or before September 1 of each year,
Secretary, acting through the Administrator of the Energy
Information Agency, shall submit to Congress a Home Heating
Readiness Report on the readiness of the natural gas, heating
oil and propane industries to supply fuel under various
weather conditions, including rapid decreases in temperature.
``(b) Contents.--The Home Heating Readiness Report shall
include--
``(1) estimates of the consumption, expenditures, and
average price per gallon of heating oil and propane and
thousand cubic feet of natural gas for the upcoming period of
October through March for various weather conditions, with
special attention to extreme weather, and various regions of
the country;
``(2) an evaluation of--
``(A) global and regional crude oil and refined product
supplies;
``(B) the adequacy and utilization of refinery capacity;
``(C) the adequacy, utilization, and distribution of
regional refined product storage capacity;
``(D) weather conditions;
``(E) the refined product transportation system;
``(F) market inefficiencies; and
``(G) any other factor affecting the functional capability
of the heating oil industry and propane industry that has the
potential to affect national or regional supplies and prices;
``(3) recommendations on steps that the Federal, State, and
local governments can take to prevent or alleviate the impact
of sharp and sustained increases in the price of natural gas,
heating oil and propane; and
``(4) recommendations on steps that companies engaged in
the production, refining, storage, transportation of heating
oil or propane, or any other activity related to the
[[Page
S10813]]
heating oil industry or propane industry, can take to prevent
or alleviate the impact of sharp and sustained increases in
the price of heating oil and propane.
``(c) Information Requests.--The Secretary may request
information necessary to prepare the Home Heating Readiness
Report from companies described in subsection (b)(4).''.
(b) Conforming and Technical Amendments.--The Energy Policy
and Conservation Act is amended--
(1) in the table of contents in the first section (42
U.S.C. prec. 6201), by inserting after the item relating to
section 106 the following:
``Sec. 107. Major fuel burning stationary source.
``Sec. 108. Annual home heating readiness reports.'';
and
(2) in section 107 (42 U.S.C. 6215), by striking ``SEC.
107. (a) No Governor'' and inserting the following:
``SEC. 107. MAJOR FUEL BURNING STATIONARY SOURCE.
``(a) No Governor''.
TITLE VII
NATIONAL OIL HEAT RESEARCH ALLIANCE ACT OF 1999
SEC. 701. SHORT TITLE.
This title may be cited as the `National Oilheat Research
Alliance Act of 2000'.
SEC. 702. FINDINGS.
Congress finds that--
(1) oilheat is an important commodity relied on by
approximately 30,000,000 Americans as an efficient and
economical energy source for commercial and residential space
and hot water heating;
(2) oilheat equipment operates at efficiencies among the
highest of any space heating energy source, reducing fuel
costs and making oilheat an economical means of space
heating;
(3) the production, distribution, and marketing of oilheat
and oilheat equipment plays a significant role in the economy
of the United States, accounting for approximately
$12,900,000,000 in expenditures annually and employing
millions of Americans in all aspects of the oilheat industry;
(4) only very limited Federal resources have been made
available for oilheat research, development, safety,
training, and education efforts, to the detriment of both
the oilheat industry and its 30,000,000 consumers; and
(5) the cooperative development, self-financing, and
implementation of a coordinated national oilheat industry
program of research and development, training, and consumer
education is necessary and important for the welfare of the
oilheat industry, the general economy of the United States,
and the millions of Americans that rely on oilheat for
commercial and residential space and hot water heating.
SEC. 703. DEFINITIONS.
In this title:
(1) Alliance.--The term ``Alliance'' means a national
oilheat research alliance established under section 704.
(2) Consumer education.--The term ``consumer education''
means the provision of information to assist consumers and
other persons in making evaluations and decisions regarding
oilheat and other nonindustrial commercial or residential
space or hot water heating fuels.
(3) Exchange.--The term ``exchange'' means an agreement
that--
(A) entitles each party or its customers to receive oilheat
from the other party; and
(B) requires only an insubstantial portion of the volumes
involved in the exchange to be settled in cash or property
other than the oilheat.
(4) Industry trade association.--The term ``industry trade
association'' means an organization described in paragraph
(3) or (6) of section 501(c) of the Internal Revenue Code of
1986 that is exempt from taxation under section 501(a) of
that Code and is organized for the purpose of representing
the oilheat industry.
(5) No. 1 distillate.--The term ``No. 1 distillate'' means
fuel oil classified as No. 1 distillate by the American
Society for Testing and Materials.
(6) No. 2 dyed distillate.--The term ``No. 2 dyed
distillate'' means fuel oil classified as No. 2 distillate by
the American Society for Testing and Materials that is
indelibly dyed in accordance with regulations prescribed by
the Secretary of the Treasury under section 4082(a)(2) of the
Internal Revenue Code of 1986.
(7) Oilheat.--The term ``oilheat'' means--
(A) No. 1 distillate; and
(B) No. 2 dyed distillate;
that is used as a fuel for nonindustrial commercial or
residential space or hot water heating.
(8) Oilheat industry.--
(A) In general.--The term ``oilheat industry'' means--
(i) persons in the production, transportation, or sale of
oilheat; and
(ii) persons engaged in the manufacture or distribution of
oilheat utilization equipment.
(B) Exclusion.--The term ``oilheat industry'' does not
include ultimate consumers of oilheat.
(9) Public member.--The term ``public member'' means a
member of the Alliance described in section 705(c)(1)(F).
(10) Qualified industry organization.--The term ``qualified
industry organization'' means the National Association for
Oilheat Research and Education or a successor organization.
(11) Qualified state association.--The term ``qualified
State association'' means the industry trade association or
other organization that the qualified industry organization
or the Alliance determines best represents retail marketers
in a State.
(12) Retail marketer.--The term ``retail marketer'' means a
person engaged primarily in the sale of oilheat to ultimate
consumers.
(13) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(14) Wholesale distributor.--The term ``wholesale
distributor'' means a person that--
(A)(i) produces No. 1 distillate or No. 2 dyed distillate;
(ii) imports No. 1 distillate or No. 2 dyed distillate; or
(iii) transports No. 1 distillate or No. 2 dyed distillate
across State boundaries or among local marketing areas; and
(B) sells the distillate to another person that does not
produce, import, or transport No. 1 distillate or No. 2 dyed
distillate across State boundaries or among local marketing
areas.
(15) State.--The term ``State'' means the several States,
except the State of Alaska.
SEC. 704. REFERENDA.
(a) Creation of Program.--
(1) In general.--The oilheat industry, through the
qualified industry organization, may conduct, at its own
expense, a referendum among retail marketers and wholesale
distributors for the establishment of a national oilheat
research alliance.
(2) Reimbursement of cost.--The Alliance, if established,
shall reimburse the qualified industry organization for the
cost of accounting and documentation for the referendum
(3) Conduct.--A referendum under paragraph (1) shall be
conducted by an independent auditing firm.
(4) Voting rights.--
(A) Retail marketers.--Voting rights of retail marketers in
a referendum under paragraph (1) shall be based on the volume
of oilheat sold in a State by each retail marketer in the
calendar year previous to the year in which the referendum is
conducted or in another representative period.
(B) Wholesale distributors.--Voting rights of wholesale
distributors in a referendum under paragraph (1) shall be
based on the volume of No. 1 distillate and No. 2 dyed
distillate sold in a State by each wholesale distributor in
the calendar year previous to the year in which the
referendum is conducted or in another representative period,
weighted by the ratio of the total volume of No. 1 distillate
and No. 2 dyed distillate sold for nonindustrial commercial
and residential space and hot water heating in the State to
the total volume of No. 1 distillate and No. 2 dyed
distillate sold in that State.
(5) Establishment by approval of two-thirds.--
(A) In general.--Subject to subparagraph (B), on approval
of persons representing two-thirds of the total volume of
oilheat voted in the retail marketer class and two-thirds of
the total weighted volume of No. 1 distillate and No. 2
dyed distillate voted in the wholesale distributor class,
the Alliance shall be established and shall be authorized
to levy assessments under section 107.
(B) Requirement of majority of retail marketers.--Except as
provided in subsection (b), the oilheat industry in a State
shall not participate in the Alliance if less than 50 percent
of the retail marketer vote in the State approves
establishment of the Alliance.
(6) Certification of volumes.--Each person voting in the
referendum shall certify to the independent auditing firm the
volume of oilheat, No. 1 distillate, or No. 2 dyed distillate
represented by the vote of the person.
(7) Notification.--Not later than 90 days after the date of
enactment of this title, a qualified State association may
notify the qualified industry organization in writing that a
referendum under paragraph (1) will not be conducted in the
State.
(b) Subsequent State Participation.--The oilheat industry
in a State that has not participated initially in the
Alliance may subsequently elect to participate by conducting
a referendum under subsection (a).
(c) Termination or Suspension.--
(1) In general.--On the initiative of the Alliance or on
petition to the Alliance by retail marketers and wholesale
distributors representing 25 percent of the volume of oilheat
or weighted No. 1 distillate and No. 2 dyed distillate in
each class, the Alliance shall, at its own expense, hold a
referendum, to be conducted by an independent auditing firm
selected by the Alliance, to determine whether the oilheat
industry favors termination or suspension of the Alliance.
(2) Volume percentages required to terminate or suspend.--
Termination or suspension shall not take effect unless
termination or suspension is approved by persons representing
more than one-half of the total volume of oilheat voted in
the retail marketer class or more than one-half of the total
volume of weighted No. 1 distillate and No. 2 dyed distillate
voted in the wholesale distributor class.
(3) Termination by a state.--A state may elect to terminate
participation by notifying the Alliance that 50 percent of
the oilheat volume in the state has voted in a referendum to
withdraw.
[[Page
S10814]]
(d) Calculation of Oilheat Sales.--For the purposes of this
section and section 105, the volume of oilheat sold annually
in a State shall be determined on the basis of information
provided by the Energy Information Administration with
respect to a calendar year or other representative period.
SEC. 705. MEMBERSHIP.
(a) Selection.--
(1) In general.--Except as provided in subsection
(c)(1)(C), the qualified industry organization shall select
members of the Alliance representing the oilheat industry in
a State from a list of nominees submitted by the qualified
State association in the State.
(2) Vacancies.--A vacancy in the Alliance shall be filled
in the same manner as the original selection.
(b) Representation.--In selecting members of the Alliance,
the qualified industry organization shall make best efforts
to select members that are representative of the oilheat
industry, including representation of--
(1) interstate and intrastate operators among retail
marketers;
(2) wholesale distributors on No. 1 distillate and No. 2
dyed distillate;
(3) large and small companies among wholesale distributors
and retail marketers; and
(4) diverse geographic regions of the country.
(c) Number of Members.--
(1) In general.--The membership of the Alliance shall be as
follows:
(A) One member representing each State with oilheat sales
in excess of 32,000,000 gallons per year.
(B) If fewer than 24 States are represented under
subparagraph (A), 1 member representing each of the States
with the highest volume of annual oilheat sales, as necessary
to cause the total number of States represented under
subparagraph (A) and this subparagraph to equal 24.
(C) 5 representatives of retail marketers, 1 each to be
selected by the qualified State associations of the 5 States
with the highest volume of annual oilheat sales.
(D) 5 additional representatives of retail marketers.
(E) 21 representatives of wholesale distributors.
(F) 6 public members, who shall be representatives of
significant users of oilheat, the oilheat research community,
State energy officials, or other groups knowledgeable about
oilheat.
(2) Full-time owners or employees.--Other than the public
members, Alliance members shall be full-time owners or
employees of members of the oilheat industry, except that
members described in subparagraphs (C), (D), and (E) of
paragraph (1) may be employees of the qualified industry
organization or an industry trade association.
(d) Compensation.--Alliance members shall receive no
compensation for their service, nor shall Alliance members be
reimbursed for expenses relating to their service, except
that public members, on request, may be reimbursed for
reasonable expenses directly related to participation in
meetings of the Alliance.
(e) Terms.--
(1) In general.--Subject to paragraph (4), a member of the
Alliance shall serve a term of 3 years, except that a member
filling an unexpired term may serve a total of 7 consecutive
years.
(2) Term limit.--A member may serve not more than 2 full
consecutive terms.
(3) Former members.--A former member of the Alliance may be
returned to the Alliance if the member has not been a member
for a period of 2 years.
(4) Initial appointments.--Initial appointments to the
Alliance shall be for terms of 1, 2, and 3 years, as
determined by the qualified industry organization, staggered
to provide for the subsequent selection of one-third of the
members each year.
SEC. 706. FUNCTIONS.
(a) In General.--
(1) Programs, projects; contracts and other agreements.--
The Alliance--
(A) shall develop programs and projects and enter into
contracts or other agreements with other persons and entities
for implementing this title, including programs--
(i) to enhance consumer and employee safety and training;
(ii) to provide for research, development, and
demonstration of clean and efficient oilheat utilization
equipment; and
(iii) for consumer education; and
(B) may provide for the payment of the costs of carrying
out subparagraph (A) with assessments collected under section
707.
(2) Coordination.--The Alliance shall coordinate its
activities with industry trade associations and other persons
as appropriate to provide efficient delivery of services and
to avoid unnecessary duplication of activities.
(3) Activities.--
(A) Exclusions.--Activities under clause (i) or (ii) of
paragraph (1)(A) shall not include advertising, promotions,
or consumer surveys in support of advertising or promotions.
(B) Research, development, and demonstration activities.--
(i) In general.--Research, development, and demonstration
activities under paragraph (1)(A)(ii) shall include--
(I) all activities incidental to research, development, and
demonstration of clean and efficient oilheat utilization
equipment; and
(II) the obtaining of patents, including payments of
attorney's fees for making and perfecting a patent
application.
(ii) Excluded activities.--Research, development, and
demonstration activities under paragraph (1)(A)(ii) sha
Amendments:
Cosponsors:
AMENDMENTS SUBMITTED
Sponsor:
Summary:
All articles in Senate section
AMENDMENTS SUBMITTED
(Senate - October 19, 2000)
Text of this article available as:
TXT
PDF
[Pages S10808-
S10835]
AMENDMENTS SUBMITTED
______
SUGAR TARIFF LEGISLATION
______
BREAUX AMENDMENT NO. 4325
(Ordered referred to the Committee on Finance.)
Mr. BREAUX submitted an amendment intended to be proposed by him to
the bill (
S. 3116) to amend the Harmonized Tariff Schedule of the
United States to prevent circumvention of the sugar tariff-rate quotas;
as follows:
At the appropriate place, insert the following:
SEC. ____. PREVENTION OF CIRCUMVENTION OF SUGAR TARIFF-RATE
QUOTAS.
(a) Anticircumvention.--
(1) Amendment to additional united states notes.--
Additional United States Note 5(a)(i) of chapter 17 of the
Harmonized Tariff Schedule of the United States is amended--
(A) in the first sentence, by striking ``and 2106.90.44,''
and inserting ``1702.90.40, and 2106.90.44, and any other
article (other than an article classified under subheading
1701.11 or 1701.12) that is entered, or withdrawn from
warehouse for consumption, if the article is subsequently
used for the commercial extraction or production of sugar for
human consumption, or the article is otherwise used in any
manner that circumvents any quota imposed pursuant to the
notes to this chapter,''; and
(B) in the second sentence, by striking ``and molasses''
and inserting ``, molasses, and other articles,''.
(2) Rate of duty.--The rate of duty in effect under
subheading 1701.99.10 or 1701.99.50 of the Harmonized Tariff
Schedule of the United States, on the date of entry of
articles described in the applicable subheading shall apply
to any article which the Secretary of the Treasury determines
is circumventing the tariff-rate quota relating to articles
described in the applicable subheading.
(3) Animal feed.--Notwithstanding any other provision of
law, no tariff-rate quota may be imposed under Additional
United States Note 5(a)(i) of chapter 17 of the Harmonized
Tariff Schedule, on molasses that is used for animal
consumption in the United States.
(b) Conforming Amendment.--Chapter 17 of the Harmonized
Tariff Schedule of the United States is amended by striking
subheading 1702.90.40 and inserting in numerical sequence the
following new subheadings:
`` 1702.90.40 Described in 3.6606 cents/kg less Free (A*, CA, E*, 6.58170 cents/kg
additional 0.020668 cents/kg IL, J, MX) less 0.0622005
United for each degree cents/kg for each
States note under 100 degrees degree under 100
5 to this (and fractions of a degrees (and
chapter and degree in fractions of a
entered proportion) but not degree in
pursuant to less than 3.143854 proportion) but not
its cents/kg less than 5.031562
provisions cents/kg
[[Page
S10809]]
1702.90.45 Other 35.74 cents/kg 28.247 cents/kg less 42.05 cents/kg
0.4 cents/kg for
each degree under
100 degrees (and
fractions of a
degree in
proportion) but not
less than 18.256
cents/kg (MX)
(c) Effective Date.--The amendments made by this section
apply to goods entered, or withdrawn from warehouse for
consumption, on or after the 15th day after the date of
enactment of this Act.
______
COLORADO UTE SETTLEMENT ACT AMENDMENTS OF 2000
______
FEINGOLD AMENDMENT NO. 4326
Mr. FEINGOLD proposed an amendment to amendment No. 4303 proposed by
Mr. Campbell the bill (
S. 2508) to amend the Colorado Ute Indian Water
Rights Settlement Act of 1988 to provide for a final settlement of the
claims of the Colorado Ute Indian Tribes, and for other purposes; as
follows:
On page 10 of the amendment, line 11, insert ``, to
restrict the availability or scope of judicial review, or to
in any way affect the outcome of judicial review of any
decision based on such analysis'' before the period.
On page 10 of the amendment, strike lines 12 through 23 and
insert the following:
``(C) Limitation.--No facilities of the Animas-La Plata
Project, as authorized under the Act of April 11, 1956 (43
U.S.C. 620) (commonly referred to as the `Colorado River
Storage Act'), other than those specifically authorized in
subparagraph (A), are authorized after the date of enactment
of this Act.''
On page 11 of the amendment, beginning on line 21, strike
``Such repayment'' and all that follows through ``.).'' on
line 24.
On page 12 of the amendment, line 9, insert after the
period the following: ``Fish and wildlife mitigation costs
associated with the facilities described in paragraph
(1)(A)(i) shall be reimbursable joint costs of the Animas-La
Plata Project. Recreation costs shall be 100 percent
reimbursable by nontribal users.''.
On page 13 of the amendment, beginning on line 2, strike
``Additional'' and all that follows through line 6.
______
STRATEGIC PETROLEUM RESERVE REAUTHORIZATION
______
MURKOWSKI (AND BINGAMAN) AMENDMENT NO. 4327
Mr. SESSIONS (for Mr. Murkowski (for himself and Mr. Bingaman))
proposed an amendment to the bill (
H.R. 2884) to extend energy
conservation programs under the Energy Policy and Conservation Act
through fiscal year 2003; as follows:
Strike all after the enacting clause and insert in lieu
thereof the following:
SEC. 1. SHORT TITLE.
This Act may be cited as the Energy Act of 2000.
TITLE I
STRATEGIC PETROLEUM RESERVE
SEC. 101. SHORT TITLE.
This title may be cited as the ``Energy Policy and
Conservation Act Amendments of 2000''.
SECTION. 102.
Section 2 of the Energy Policy and Conservation Act (42
U.S.C. 6201) is amended--
(a) in paragraph (1) by striking ``standby'' and ``,
subject to congressional review, to impose rationing, to
reduce demand for energy through the implementation of energy
conservation plans, and''; and
(b) by striking paragraphs (3) and (6).
SECTION. 103.
Title I of the Energy Policy and Conservation Act (42
U.S.C. 6211-6251) is amended--
(a) by striking section 102 (42 U.S.C. 6211) and its
heading;
(b) by striking section 104(b)(1);
(c) by striking section 106 (42 U.S.C. 6214) and its
heading;
(d) by amending section 151(b) (42 U.S.C. 6231) to read as
follows:
``(b) It is the policy of the United States to provide for
the creation of a Strategic Petroleum Reserve for the storage
of up to 1 billion barrels of petroleum products to reduce
the impact of disruptions in supplies of petroleum products,
to carry out obligations of the United States under the
international energy program, and for other purposes as
provided for in this Act.'';
(e) in section 152 (42 U.S.C. 6232)--
(1) by striking paragraphs (1), (3) and (7), and
(2) in paragraph (11) by striking ``; such term includes
the Industrial Petroleum Reserve, the Early Storage Reserve,
and the Regional Petroleum Reserve''.
(f) by striking section 153 (42 U.S.C. 623) and its
heading;
(g) in section 154 (42 U.S.C. 6234)--
(1) by amending subsection (a) to read as follows:
``(a) A Strategic Petroleum Reserve for the storage of up
to 1 billion barrels of petroleum products shall be created
pursuant to this part.'';
(2) by amending subsection (b) to read as follows:
``(b) The Secretary, in accordance with this part, shall
exercise authority over the development, operation, and
maintenance of the Reserve.''; and
(3) by striking subsections (c), (d), and (e);
(h) by striking section 155 (42 U.S.C. 6235) and its
heading;
(i) by striking section 156 (42 U.S.C. 6236) and its
heading;
(j) by striking section 157 (42 U.S.C. 6237) and its
heading;
(k) by striking section 158 (42 U.S.C. 6238) and its
heading;
(l) by amending the heading for section 159 (42 U.S.C.
6239) to read, ``Development, Operation, and Maintenance of
the Reserve'';
(m) in section 159 (42 U.S.C. 6239)--
(1) by striking subsections (a), (b), (c), (d), and (e);
(2) by amending subsection (f) to read as follows:
``(f) In order to develop, operate, or maintain the
Strategic Petroleum Reserve, the Secretary may:
``(1) issue rules, regulations, or orders;
``(2) acquire by purchase, condemnation, or otherwise, land
or interests in land for the location of storage and related
facilities;
``(3) construct, purchase, lease, or otherwise acquire
storage and related facilities;
``(4) use, lease, maintain, sell or otherwise dispose of
land or interests in land, or of storage and related
facilities acquired under this part, under such terms and
conditions as the Secretary considers necessary or
appropriate;
``(5) acquire, subject to the provisions of section 160, by
purchase, exchange, or otherwise, petroleum products for
storage in the Strategic Petroleum Reserve;
``(6) store petroleum products in storage facilities owned
and controlled by the United States or in storage facilities
owned by others if those facilities are subject to audit by
the United States;
``(7) execute any contracts necessary to develop, operate,
or maintain the Strategic Petroleum Reserve;
``(8) bring an action, when the Secretary considers it
necessary, in any court having jurisdiction over the
proceedings, to acquired by condemnation any real or personal
property, including facilities, temporary use of facilities,
or other interests in land, together with any personal
property located on or used with the land.''; and
(3) in subsection (g)--
(A) by striking ``implementation'' and inserting
``development''; and
(B) by striking ``Plan'';
(4) by striking subsections (h) and (i);
(5) by amending subsection (j) to read as follows:
``(j) If the Secretary determines expansion beyond
700,000,000 barrels of petroleum product inventory is
appropriate, the Secretary shall submit a plan for expansion
to the Congress.''; and
(6) by amending subsection (I) to read as follows:
``(I) During a drawdown and sale of Strategic Petroleum
Reserve petroleum products, the Secretary may issue
implementing rules, regulations, or orders in accordance with
section 553 of title 5, United States Code, without regard to
rulemaking requirements in section 523 of this Act, and
section 501 of the Department of Energy Organizations Act (42
U.S.C. 7191).'';
(n) in section 160 (420 U.S.C. 6240)--
(1) in subsection (a), by striking all before the dash and
inserting the following--
``(a) The Secretary may acquire, place in storage,
transport, or exchange'';
(2) in subsection (a)(1) by striking all after ``Federal
lands'';
(3) in subsection (b), by striking ``, including the Early
Storage Reserve and the Regional Petroleum Reserve'' and by
striking paragraph (2); and
(4) by striking subsections (c), (d), (e), and (g);
(o) in section 161 (42 U.S.C. 6241)--
(1) by striking ``Distribution of the Reserve'' in the
title of this section and inserting ``Sale of Petroleum
Products'';
(2) in subsection (a), by striking ``drawdown and
distribute'' and inserting ``draw down and sell petroleum
products in'';
(3) by striking subsection (b), (c), and (f);
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(4) by amending subsection (d)(1) to read as follows:
``(d)(1) Drawdown and sale of petroleum products from the
Strategic Petroleum Reserve may not be made unless the
President has found drawdown and sale are required by a
severe energy supply interruption or by obligations of the
United States under the international energy program.'';
(5) by amending subsection (e) to read as follows:
``(e)(1) The Secretary shall sell petroleum products
withdrawn from the Strategic Petroleum Reserve at public sale
to the highest qualified bidder in the amounts, for the
period, and after a notice of sale considered appropriate by
the Secretary, and without regard to Federal, State, or local
regulations controlling sales of petroleum products.
``(2) The Secretary may cancel in whole or in part any
offer to sell petroleum products as part of any drawdown and
sale under this Section.''; and
(6) in subsection (g)--
(A) by amending paragraph (1) to read as follows:
``(g)(1) The Secretary shall conduct a continuing
evaluation of the drawdown and sales procedures. In the
conduct of an evaluation, the Secretary is authorized to
carry out a test drawdown and sale or exchange of petroleum
products from the Reserve. Such a test drawdown and sale or
exchange may not exceed 5,000,000 barrels of petroleum
products.'';
(B) by striking paragraphs (2);
(C) in paragraph (4), by striking ``90'' and inserting
``95'';
(D) in paragraph (5), by striking ``drawdown and
distribution'' and inserting ``test'';
(E) by amending paragraph (6) to read as follows:
``(6) In the case of a sale of any petroleum products under
this subsection, the Secretary shall, to the extent funds are
available in the SPR Petroleum Account as a result of such
sale, acquire petroleum products for the Reserve within the
12-month period beginning after completion of the sale.'';
and
(F) in paragraph (8), by striking ``drawdown and
distribution'' and inserting ``test'';
(7) in subsection (h)--
(A) in paragraph (1) by striking ``distribute'' and
inserting ``sell petroleum products from'';
(B) by deleting ``and'' at the end of paragraph (1)(A) and
by deleting ``shortage,'' at the end of paragraph (1)(B) and
inserting ``shortage; and
``(C) the Secretary of Defense has found that action taken
under this subsection will not impair national security,'';
(C) in paragraph (2) by striking ``In no case may the
Reserve'' and inserting ``Petroleum products from the Reserve
may not''; and
(D) in paragraph (3) by striking ``distribution'' each time
it appears and inserting ``sale'';
(p) by striking section 164 (42 U.S.C. 6244) and its
heading;
(q) by amending section 165 (42 U.S.C. 6245) and its
heading to read as follows--
``Annual Report
``Sec. 165. The Secretary shall report annually to the
President and the Congress on actions taken to implement this
part. This report shall include--
``(1) the status of the physical capacity of the Reserve
and the type and quantity of petroleum products in the
Reserve;
``(2) an estimate of the schedule and cost to complete
planned equipment upgrade or capital investment in the
Reserve, including upgrades and investments carried out as
part of operational maintenance or extension of life
activities;
``(3) an identification of any life-limiting conditions or
operational problems at any Reserve facility, and proposed
remedial actions including an estimate of the schedule and
cost of implementing those remedial actions;
``(4) a description of current withdrawal and distribution
rates and capabilities, and an identification of any
operational or other limitations on those rates and
capabilities;
``(5) a listing of petroleum product acquisitions made in
the preceding year and planned in the following year,
including quantity, price, and type of petroleum;
``(6) a summary of the actions taken to develop, operate,
and maintain the Reserve;
``(7) a summary of the financial status and financial
transactions of the Strategic Petroleum Reserve and Strategic
Petroleum Reserve Petroleum Accounts for the year.
``(8) a summary of expenses for the year, and the number of
Federal and contractor employees;
``(9) the status of contracts for development, operation,
maintenance, distribution, and other activities related to
the implementation of this part;
``(10) a summary of foreign oil storage agreements and
their implementation status;
``(11) any recommendations for supplemental legislation or
policy or operational changes the Secretary considers
necessary or appropriate to implement this part.'';
(r) in section 166 (42 U.S.C. 6246) by striking ``for
fiscal year 1997.'';
(s) in section 167 (42 U.S.C. 6247)--
(1) in subsection (b)--
(A) by striking ``and the drawdown'' and inserting ``for
test sales of petroleum products from the Reserve, and for
the drawdown, sale,'';
(B) by striking paragraph (1); and
(C) in paragraph (2), by striking ``after fiscal year
1982''; and
(2) by striking subsection (e);
(t) in section 171 (42 U.S.C. 6249)--
(1) by amending subsection (b)(2)(B) to read as follows:
``(B) the Secretary notifies each House of the Congress of
the determination and identifies in the notification the
location, type, and ownership of storage and related
facilities proposed to be included, or the volume, type, and
ownership of petroleum products proposed to be stored, in the
Reserve, and an estimate of the proposed benefits.'';
(2) in subsection (b)(3), by striking ``distribution of''
and inserting ``sale of petroleum products from'';
(u) in section 172 (42 U.S.C. 6249a), by striking
subsections (a) and (b);
(v) by striking section 173 (42 U.S.C. 6249b) and its
heading; and
(w) in section 181 (42 U.S.C. 6251), by striking ``March
31, 2000'' each time it appears and inserting ``September 30,
2003''.
SECTION. 104.
Title II of the Energy Policy and Conservation Act (42
U.S.C. 6211-6251) is amended--
(a) by striking Part A (42 U.S.C. 6261 through 6264) and
its heading;
(b) by adding at the end of section 256(h), ``There are
authorized to be appropriated for fiscal years 2000 through
2003, such sums as may be necessary.''
(c) by striking Part C (42 U.S.C. 6281 through 6282) and
its heading; and
(d) in section 281 (42 U.S.C. 6285), by striking ``March
31, 2000'' each time it appears and inserting ``September 30,
2003''.
SEC. 105. CLERICAL AMENDMENTS.
The Table of Contents for the Energy Policy and
Conservation Act is amended--
(a) by striking the items relating to sections 102, 106,
153, 155, 156, 157, 158, and 164;
(b) by amending the item relating to section 159 to read as
follows: ``Development, Operation, and Maintenance of the
Reserve.'';
(c) by amending the item relating to section 161 to read as
follows: ``Drawdown and Sale of Petroleum Products''; and
(d) by amending the item relating to section 165 to read as
follows: ``Annual Report''.
TITLE II
HEATING OIL RESERVE
SEC. 201. NORTHEAST HOME HEATING OIL RESERVE.
(a) Title I of the Energy Policy and Conservation Act is
amended by--
(1) redesignating part D as part E;
(2) redesignating section 181 as section 191; and
(3) inserting after part C the following new part D:
``PART D--NORTHEAST HOME HEATING OIL RESERVE
``establishment
``Sec. 181. (a) Notwithstanding any other provision of this
Act, the Secretary may establish, maintain, and operate in
the Northeast a Northeast Home Heating Oil Reserve. A Reserve
established under this part is not a component of the
Strategic Petroleum Reserve established under part B of this
title. A Reserve established under this part shall contain no
more than 2 million barrels of petroleum distillate.
``(b) For the purposes of this part--
``(1) the term `Northeast' means the States of Maine, New
Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island,
New York, Pennsylvania, and New Jersey;
``(2) the term `petroleum distillate' includes heating oil
and diesel fuel; and
``(3) the term `Reserve' means the Northeast Home Heating
Oil Reserve established under this part.
``authority
``Sec. 182. To the extent necessary or appropriate to carry
out this part, the Secretary may----
``(1) purchase, contract for, lease, or otherwise acquire,
in whole or in part, storage and related facilities, and
storage services;
``(2) use, lease, maintain, sell, or otherwise dispose of
storage and related facilities acquired under this part;
``(3) acquire by purchase, exchange (including exchange of
petroleum product from the Strategic Petroleum Reserve or
received as royalty from Federal lands), lease, or otherwise,
petroleum distillate for storage in the Northeast Home
Heating Oil Reserve;
``(4) store petroleum distillate in facilities not owned by
the United States; and
``(5) sell, exchange, or otherwise dispose of petroleum
distillate from the Reserve established under this part,
including to maintain the quality or quantity of the
petroleum distillate in the Reserve or to maintain the
operational capability of the Reserve.
``conditions for release; plan
``Sec. 183. (a) Finding.--The Secretary may sell product
from the Reserve only upon a finding by the President that
there is a severe energy supply interruption. Such a finding
may be made only if he determines that--
``(1) a dislocation in the heating oil market has resulted
from such interruption; or
``(2) a circumstance, other than that described in
paragraph (1), exists that constitutes a regional supply
shortage of significant scope and duration and that action
taken under this section would assist directly and
significantly in reducing the adverse impact of such
shortage.
``(b) Definition.--For purposes of this section a
`dislocation in the heating oil market' shall be deemed to
occur only when--
``(1) The price differential between crude oil, as
reflected in an industry daily publication such as `Platt's
Oilgram Price Report'
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or `Oil Daily' and No. 2 heating oil, as reported in the
Energy Information Administration's retail price data for the
Northeast, increases by more tan 60% over its five year
rolling average for the months of mid-October through March,
and continues for 7 consecutive days; and
``(2) The price differential continues to increase during
the most recent week for which price information is
available.
``(c) The Secretary shall conduct a continuing evaluation
of the residential price data supplied by the Energy
Information Administration for the Northeast and data on
crude oil prices from published sources.
``(d) After consultation with the heating oil industry, the
Secretary shall determine procedures governing the release of
petroleum distillate from the Reserve. The procedures shall
provide that:
``(1) The Secretary may--
``(A) sell petroleum distillate from the Reserve through a
competitive process, or
``(B) enter into exchange agreements for the petroleum
distillate that results in the Secretary receiving a greater
volume of petroleum distillate as repayment than the volume
provided to the acquirer;
``(2) In such sales or exchanges, the Secretary shall
receive revenue or its equivalent in petroleum distillate
that provides the Department with fair market value. At no
time may the oil be sold or exchanged resulting in a loss of
revenue or value to the United States; and
``(3) The Secretary shall only sell or dispose of the oil
in the Reserve to entities customarily engaged in the sale
and distribution of petroleum distillate.
``(e) Within 45 days of the date of the enactment of this
section, the Secretary shall transmit to the President and,
if the President approves, to the Congress a plan
describing--
``(1) the acquisition of storage and related facilities or
storage services for the Reserve, including the potential use
of storage facilities not currently in use;
``(2) the acquisition of petroleum distillate for storage
in the Reserve;
``(3) the anticipated methods of disposition of petroleum
distillate from the Reserve;
``(4) the estimated costs of establishment, maintenance,
and operation of the Reserve;
``(5) efforts the Department will take to minimize any
potential need for future drawdowns and ensure that
distributors and importers are not discouraged from
maintaining and increasing supplies to the Northeast; and
``(6) actions to ensure quality of the petroleum distillate
in the Reserve.
``northeast home heating oil reserve account
``Sec. 184. (a) Upon a decision of the Secretary of Energy
to establish a Reserve under this part, the Secretary of the
Treasury shall establish in the Treasury of the United States
an account known as the `Northeast Home Heating Oil Reserve
Account' (referred to in this section as the `Account').
``(b) the Secretary of the Treasury shall deposit in the
Account any amounts appropriated to the Account and any
receipts from the sale, exchange, or other disposition of
petroleum distillate from the Reserve.
``(c) The Secretary of Energy may obligate amounts in the
Account to carry out activities under this part without the
need for further appropriation, and amounts available to the
Secretary of Energy for obligation under this section shall
remain available without fiscal year limitation.
``exemptions
``Sec. 185. An action taken under this part is not subject
to the rulemaking requirements of section 523 of this Act,
section 501 of the Department of Energy Organization Act, or
section 553 of title 5, United States Code.
``authorization of appropriations
``Sec. 186. There are authorized to be appropriated for
fiscal years 2001, 2002, and 2003 such sums as may be
necessary to implement this part.''.
SEC. 202. USE OF ENERGY FUTURES FOR FUEL PURCHASES.
(a) Heating Oil Study.--The Secretary shall conduct a study
on--
(1) the use of energy futures and options contracts to
provide cost-effective protection from sudden surges in the
price of heating oil (including number two fuel oil, propane,
and kerosine) for state and local government agencies,
consumer cooperatives, and other organizations that purchase
heating oil in bulk to market to end use consumers in the
Northeast (as defined in section 201); and
(2) how to most effectively inform organizations identified
in paragraph (1) about the benefits and risks of using energy
futures and options contracts.
(b) Report.--The Secretary shall transmit the study
required in this section to the Committee on Commerce of the
House of Representatives and the Committee on Energy and
Natural Resources of the Senate not later than 180 days after
the enactment of this section. The report shall contain a
review of prior studies conducted on the subjects described
in subsection (a).
MARGINAL WELL PURCHASES
SEC. 301. PURCHASE OF OIL FROM MARGINAL WELLS.
(a) Purchase of Oil From Marginal Wells.--Part B of Title I
of the Energy Policy and Conservation Act (42 U.S.C. 6232 et
seq.) is amended by adding the following new section after
section 168:
``purchase of oil from marginal wells
``Sec. 169. (a) In General.--From amounts authorized under
section 166, in any case in which the price of oil decreases
to an amount less than $15.00 per barrel (an amount equal to
the annual average well head price per barrel for all
domestic crude oil), adjusted for inflation, the Secretary
may purchase oil from a marginal well at $15.00 per barrel,
adjusted for inflation.
``(b) Definition of Marginal Well.--The term `marginal
well' has the same meaning as the definition of `stripper
well property' in section 613A(c)(6)(E) of the Internal
Revenue Code (26 U.S.C. 613A(c)(6)(E)).''.
(b) Conforming Amendment.--The table of contents for the
Energy Policy and Conservation Act is amended by inserting
after the item relating to section 168 the following:
``Sec. 169. Purchase of oil from marginal wells.''.
TITLE IV
FEDERAL ENERGY MANAGEMENT
SEC. 401. FEMP.
Section 801 of the National Energy Conservation Policy Act
(42 U.S.C. 8287(a)(2)(D)(iii) is amended by striking
``$750,000'' and inserting ``$10,000,000''.
TITLE V
ALASKA STATE JURISDICTION OVER SMALL HYDROELECTRIC PROJECTS
SEC. 501. ALASKA STATE JURISDICTION OVER SMALL HYDROELECTRIC
PROJECTS.
Part I of the Federal Power Act (16 U.S.C. 792 et seq.) is
amended by adding at the end the following:
``SEC. 32. ALASKA STATE JURISDICTION OVER SMALL HYDROELECTRIC
PROJECTS.
``(a) Discontinuance of Regulation by the Commission.--
Notwithstanding sections 4(e) and 23(b), the Commission shall
discontinue exercising licensing and regulatory authority
under this Part over qualifying project works in the State of
Alaska, effective on the date on which the Commission
certifies that the State of Alaska has in place a regulatory
program for water-power development that--
``(1) protects the public interest, the purposes listed in
paragraph (2), and the environment to the same extent
provided by licensing and regulation by the Commission under
this Part and other applicable Federal laws, including the
Endangered Species Act (16 U.S.C. 1531 et seq.) and the Fish
and Wildlife Coordination Act (16 U.S.C. 661 et seq.);
``(2) gives equal consideration to the purposes of--
``(A) energy conservation;
``(B) the protection, mitigation of damage to, and
enhancement of, fish and wildlife (including related spawning
grounds and habitat);
``(C) the protection of recreational opportunities,
``(D) the preservation of other aspects of environmental
quality,
``(E) the interests of Alaska Natives, and
``(F) other beneficial public uses, including irrigation,
flood control, water supply, and navigation; and
``(3) requires, as a condition of a license for any project
works--
``(A) the construction, maintenance, and operation by a
licensee at its own expense of such lights and signals as may
be directed by the Secretary of the Department in which the
Coast Guard is operating, and such fishways as may be
prescribed by the Secretary of the Interior or the Secretary
of Commerce, as appropriate;
``(B) the operation of any navigation facilities which may
be constructed as part of any project to be controlled at all
times by such reasonable rules and regulations as may be made
by the Secretary of the Army; and
``(C) conditions for the protection, mitigation, and
enhancement of fish and wildlife based on recommendations
received pursuant to the Fish and Wildlife Coordination Act
(16 U.S.C. 661 et seq.) from the National Marine Fisheries
Service, the United States Fish and Wildlife Service, and
State fish and wildlife agencies.
``(b) Definition of `Qualifying Project Works'.--For
purposes of this section, the term `qualifying project works'
means project works--
``(1) that are not part of a project licensed under this
Part or exempted from licensing under this Part or section
405 of the Public Utility Regulatory Policies Act of 1978
prior to the date of enactment of this section;
``(2) for which a preliminary permit, a license
application, or an application for an exemption from
licensing has not been accepted for filing by the Commission
prior to the date of enactment of subsection (c) unless such
application is withdrawn at the election of the applicant);
``(3) that are part of a project that has a power
production capacity of 5,000 kilowatts or less;
``(4) that are located entirely within the boundaries of
the State of Alaska; and
``(5) that are not located in whole or in part on any
Indian reservation, a conservation system unit (as defined in
section 102(4) of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3102(4))), or segment of a river
designated for study for addition to the Wild and Scenic
Rivers System.
``(c) Election of State Licensing.--In the case of
nonqualifying project works that would be a qualifying
project works but for the fact that the project has been
licensed (or exempted from licensing) by the Commission prior
to the enactment of this section,
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the licensee of such project may in its discretion elect to
make the project subject to licensing and regulation by the
State of Alaska under this system.
``(d) Project Works on Federal Lands.--With respect to
projects located in whole or in part on a reservation, a
conservation system unit, or the public lands, a State
licences or exemption from licensing shall be subject to--
``(1) the approval of the Secretary having jurisdiction
over such lands; and
``(2) such conditions as the Secretary may prescribe.
``(e) Consultation With Affected Agencies.--The Commission
shall consult with the Secretary of the Interior, the
Secretary of Agriculture, and the Secretary of Commerce
before certifying the State of Alaska's regulatory program.
``(f) Application of Federal Laws.--Nothing in this section
shall preempt the application of Federal environmental,
natural resources, or cultural resources protection laws
according to their terms.
``(g) Oversight by the Commission.--The State of Alaska
shall notify the Commission not later than 30 days after
making any significant modification to its regulatory
program. The Commission shall periodically review the State's
program to ensure compliance with the provisions of this
section.
``(h) Resumption of Commission Authority.--Notwithstanding
subsection (a), the Commission shall reassert its licensing
and regulatory authority under this Part if the Commission
finds that the State of Alaska has not complied with one or
more of the requirements of this section.
``(i) Determination by the Commission.--
``(1) Upon application by the Governor of the State of
Alaska, the Commission shall within 30 days commence a review
of the State of Alaska's regulatory program for water-power
development to determine whether it complies with the
requirements of Subsection (a).
``(2) The Commission's review required by Paragraph (1)
shall be completed with one year of initiation, and the
Commission shall within 30 days thereafter issue a final
order determining whether or not the State of Alaska's
regulatory program for waterpower development complies with
the requirements of subsection (a).
``(3) If the Commission fails to issue a final order in
accordance with paragraph (2) the State of Alaska's
regulatory program for water-powered development shall be
deemed to be in compliance with subsection (a).''.
TITLE VI
WEATHERIZATION, SUMMER FILL, HYDROELECTRIC LICENSING PROCEDURES, AND
INVENTORY OF OIL AND GAS RESERVES
SEC. 601. CHANGES IN WEATHERIZATION PROGRAM TO PROTECT LOW-
INCOME PERSONS.
(a) The matter under the heading ``Energy Conservation
(Including Transfer of Funds)'' in title II of the Department
of the Interior and Related Agencies Appropriations Act, 2000
(113 Stat. 1535, 1501A-180), is amended by striking
``grants:'' and all that follows and inserting ``grants.''.
(b) Section 415 of the Energy Conservation and Production
Act (42 U.S.C. 6865) is amended--
(1) in subsection (a)(1) by striking the first sentence;
(2) in subsection (a)(2) by--
(A) striking ``(A)''.
(B) striking ``approve a State's application to waive the
40 percent requirement established in paragraph (1) if the
State includes in its plan'' and inserting ``establish'', and
(C) striking subparagraph (B);
(3) in subsection (c)(1) by--
(A) striking ``paragraphs (3) and (4)'' and inserting
``paragraph (3)'',
(B) striking ``$1600'' and inserting ``$2500'',
(C) striking ``and'' at the end of subparagraph (C),
(D) striking the period and inserting ``, and'' in
subparagraph (D), and
(E) inserting after subparagraph (D) the following new
subparagraph:
``(E) the cost of making heating and cooling modifications,
including replacement'';
(4) in subsection (c)(3) by--
(A) striking ``1991, the $1600 per dwelling unit
limitation' and inserting `2000, the $2500 per dwelling unit
average'',
(B) striking ``limitation'' and inserting ``average'' each
time it appears, and
(C) inserting ``the'' after ``beginning of'' in
subparagraph (B); and
(5) by striking subsection (c)(4).
SEC. 602. SUMMER FILL AND FUEL BUDGETING PROGRAMS.
(a) Part C of title II of the Energy Policy and
Conservation Act (42 U.S.C.. 6211 et seq.) is amended by
adding at the end the following:
``SEC. 273. SUMMER FILL AND FUEL BUDGETING PROGRAMS.
``(a) Definitions.--In this section:
``(1) Budget contract.--The term `budget contract' means a
contract between a retailer and a consumer under which the
heating expenses of the consumer are spread evenly over a
period of months.
``(2) Fixed-price contract.--The term `fixed-price
contract' means a contract between a retailer and a consumer
under which the retailer charges the consumer a set price for
propane, kerosene, or heating oil without regard to market
price fluctuations.
``(3) Price cap contract.--The term `price cap contract'
means a contract between a retailer and a consumer under
which the retailer charges the consumer the market price for
propane, kerosene, or heating oil, but the cost of the
propane, kerosene, or heating oil may exceed a maximum amount
stated in the contract.
``(b) Assistance.--At the request of the chief executive
officer of a State, the Secretary shall provide information,
technical assistance, and funding--
``(1) to develop education and outreach programs to
encourage consumers to fill their storage facilities for
propane, kerosene, and heating oil during the summer months;
and
``(2) to promote the use of budget contracts, price cap
contracts, fixed-price contracts, and other advantageous
financial arrangements;
to avoid severe seasonal price increases for and supply
shortages of those products.
``(c) Preference.--In implementing this section, the
Secretary shall give preference to States that contribute
public funds or leverage private funds to develop State
summer fill and fuel budgeting programs.
``(d) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section--
``(1) $25,000,000 for fiscal year 2001; and
``(2) such sums as are necessary for each fiscal year
thereafter.
``(3) Inapplicability of Expiration Provision.--Section 281
does not apply to this section.''.
(b) The table of contents in the first section of the
Energy Policy and Conservation Act (42 U.S.C. prec. 6201) is
amended by inserting after the item relating to section 272
the following:
``Sec. 273. Summer fill and fuel budgeting programs.''.
SEC. 603. EXPEDITED FERC HYDROELECTRIC LICENSING PROCEDURES.
The Federal Energy Regulatory Commission shall, in
consultation with other appropriate agencies, immediately
undertake a comprehensive review of policies, procedures and
regulations for the licensing of hydroelectric projects to
determine how to reduce the cost and time of obtaining a
license. The Commission shall report its findings within six
months of the date of enactment to the Congress, including
any recommendations for legislative changes.
SEC. 604. SCIENTIFIC INVENTORY OF OIL AND GAS RESERVES.
(a) In General.--The Secretary of the Interior, in
consultation with the Secretaries of Agriculture and Energy,
shall conduct an inventory of all onshore federal lands. The
inventory shall identify:
(1) The United States Geological Survey reserve estimates
of the oil and gas resources underlying these lands, and;
(2) The extent and nature of any restrictions or
impediments to the development of such resources.
(b) Once completed, the USGS reserve estimates and the
surface availability data as provided in (a)(2) shall be
regularly updated and made publically available.
(c) The inventory shall be provided to the Committee on
Resources of the House of Representatives and to the
Committee on Energy and Natural Resources of the Senate
within two years after the date of enactment of this section.
(d) There are authorized to be appropriated such sums as
may be necessary to implement this section.
SEC. 605. ANNUAL HOME HEATING READINESS REPORTS.
(a) In General.--Part A of title I of the Energy Policy and
Conservation Act (42 U.S.C. 6211 et seq.) is amended by
adding at the end the following:
``SEC. 108. ANNUAL HOME HEATING READINESS REPORTS.
``(a) In General.--On or before September 1 of each year,
Secretary, acting through the Administrator of the Energy
Information Agency, shall submit to Congress a Home Heating
Readiness Report on the readiness of the natural gas, heating
oil and propane industries to supply fuel under various
weather conditions, including rapid decreases in temperature.
``(b) Contents.--The Home Heating Readiness Report shall
include--
``(1) estimates of the consumption, expenditures, and
average price per gallon of heating oil and propane and
thousand cubic feet of natural gas for the upcoming period of
October through March for various weather conditions, with
special attention to extreme weather, and various regions of
the country;
``(2) an evaluation of--
``(A) global and regional crude oil and refined product
supplies;
``(B) the adequacy and utilization of refinery capacity;
``(C) the adequacy, utilization, and distribution of
regional refined product storage capacity;
``(D) weather conditions;
``(E) the refined product transportation system;
``(F) market inefficiencies; and
``(G) any other factor affecting the functional capability
of the heating oil industry and propane industry that has the
potential to affect national or regional supplies and prices;
``(3) recommendations on steps that the Federal, State, and
local governments can take to prevent or alleviate the impact
of sharp and sustained increases in the price of natural gas,
heating oil and propane; and
``(4) recommendations on steps that companies engaged in
the production, refining, storage, transportation of heating
oil or propane, or any other activity related to the
[[Page
S10813]]
heating oil industry or propane industry, can take to prevent
or alleviate the impact of sharp and sustained increases in
the price of heating oil and propane.
``(c) Information Requests.--The Secretary may request
information necessary to prepare the Home Heating Readiness
Report from companies described in subsection (b)(4).''.
(b) Conforming and Technical Amendments.--The Energy Policy
and Conservation Act is amended--
(1) in the table of contents in the first section (42
U.S.C. prec. 6201), by inserting after the item relating to
section 106 the following:
``Sec. 107. Major fuel burning stationary source.
``Sec. 108. Annual home heating readiness reports.'';
and
(2) in section 107 (42 U.S.C. 6215), by striking ``SEC.
107. (a) No Governor'' and inserting the following:
``SEC. 107. MAJOR FUEL BURNING STATIONARY SOURCE.
``(a) No Governor''.
TITLE VII
NATIONAL OIL HEAT RESEARCH ALLIANCE ACT OF 1999
SEC. 701. SHORT TITLE.
This title may be cited as the `National Oilheat Research
Alliance Act of 2000'.
SEC. 702. FINDINGS.
Congress finds that--
(1) oilheat is an important commodity relied on by
approximately 30,000,000 Americans as an efficient and
economical energy source for commercial and residential space
and hot water heating;
(2) oilheat equipment operates at efficiencies among the
highest of any space heating energy source, reducing fuel
costs and making oilheat an economical means of space
heating;
(3) the production, distribution, and marketing of oilheat
and oilheat equipment plays a significant role in the economy
of the United States, accounting for approximately
$12,900,000,000 in expenditures annually and employing
millions of Americans in all aspects of the oilheat industry;
(4) only very limited Federal resources have been made
available for oilheat research, development, safety,
training, and education efforts, to the detriment of both
the oilheat industry and its 30,000,000 consumers; and
(5) the cooperative development, self-financing, and
implementation of a coordinated national oilheat industry
program of research and development, training, and consumer
education is necessary and important for the welfare of the
oilheat industry, the general economy of the United States,
and the millions of Americans that rely on oilheat for
commercial and residential space and hot water heating.
SEC. 703. DEFINITIONS.
In this title:
(1) Alliance.--The term ``Alliance'' means a national
oilheat research alliance established under section 704.
(2) Consumer education.--The term ``consumer education''
means the provision of information to assist consumers and
other persons in making evaluations and decisions regarding
oilheat and other nonindustrial commercial or residential
space or hot water heating fuels.
(3) Exchange.--The term ``exchange'' means an agreement
that--
(A) entitles each party or its customers to receive oilheat
from the other party; and
(B) requires only an insubstantial portion of the volumes
involved in the exchange to be settled in cash or property
other than the oilheat.
(4) Industry trade association.--The term ``industry trade
association'' means an organization described in paragraph
(3) or (6) of section 501(c) of the Internal Revenue Code of
1986 that is exempt from taxation under section 501(a) of
that Code and is organized for the purpose of representing
the oilheat industry.
(5) No. 1 distillate.--The term ``No. 1 distillate'' means
fuel oil classified as No. 1 distillate by the American
Society for Testing and Materials.
(6) No. 2 dyed distillate.--The term ``No. 2 dyed
distillate'' means fuel oil classified as No. 2 distillate by
the American Society for Testing and Materials that is
indelibly dyed in accordance with regulations prescribed by
the Secretary of the Treasury under section 4082(a)(2) of the
Internal Revenue Code of 1986.
(7) Oilheat.--The term ``oilheat'' means--
(A) No. 1 distillate; and
(B) No. 2 dyed distillate;
that is used as a fuel for nonindustrial commercial or
residential space or hot water heating.
(8) Oilheat industry.--
(A) In general.--The term ``oilheat industry'' means--
(i) persons in the production, transportation, or sale of
oilheat; and
(ii) persons engaged in the manufacture or distribution of
oilheat utilization equipment.
(B) Exclusion.--The term ``oilheat industry'' does not
include ultimate consumers of oilheat.
(9) Public member.--The term ``public member'' means a
member of the Alliance described in section 705(c)(1)(F).
(10) Qualified industry organization.--The term ``qualified
industry organization'' means the National Association for
Oilheat Research and Education or a successor organization.
(11) Qualified state association.--The term ``qualified
State association'' means the industry trade association or
other organization that the qualified industry organization
or the Alliance determines best represents retail marketers
in a State.
(12) Retail marketer.--The term ``retail marketer'' means a
person engaged primarily in the sale of oilheat to ultimate
consumers.
(13) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(14) Wholesale distributor.--The term ``wholesale
distributor'' means a person that--
(A)(i) produces No. 1 distillate or No. 2 dyed distillate;
(ii) imports No. 1 distillate or No. 2 dyed distillate; or
(iii) transports No. 1 distillate or No. 2 dyed distillate
across State boundaries or among local marketing areas; and
(B) sells the distillate to another person that does not
produce, import, or transport No. 1 distillate or No. 2 dyed
distillate across State boundaries or among local marketing
areas.
(15) State.--The term ``State'' means the several States,
except the State of Alaska.
SEC. 704. REFERENDA.
(a) Creation of Program.--
(1) In general.--The oilheat industry, through the
qualified industry organization, may conduct, at its own
expense, a referendum among retail marketers and wholesale
distributors for the establishment of a national oilheat
research alliance.
(2) Reimbursement of cost.--The Alliance, if established,
shall reimburse the qualified industry organization for the
cost of accounting and documentation for the referendum
(3) Conduct.--A referendum under paragraph (1) shall be
conducted by an independent auditing firm.
(4) Voting rights.--
(A) Retail marketers.--Voting rights of retail marketers in
a referendum under paragraph (1) shall be based on the volume
of oilheat sold in a State by each retail marketer in the
calendar year previous to the year in which the referendum is
conducted or in another representative period.
(B) Wholesale distributors.--Voting rights of wholesale
distributors in a referendum under paragraph (1) shall be
based on the volume of No. 1 distillate and No. 2 dyed
distillate sold in a State by each wholesale distributor in
the calendar year previous to the year in which the
referendum is conducted or in another representative period,
weighted by the ratio of the total volume of No. 1 distillate
and No. 2 dyed distillate sold for nonindustrial commercial
and residential space and hot water heating in the State to
the total volume of No. 1 distillate and No. 2 dyed
distillate sold in that State.
(5) Establishment by approval of two-thirds.--
(A) In general.--Subject to subparagraph (B), on approval
of persons representing two-thirds of the total volume of
oilheat voted in the retail marketer class and two-thirds of
the total weighted volume of No. 1 distillate and No. 2
dyed distillate voted in the wholesale distributor class,
the Alliance shall be established and shall be authorized
to levy assessments under section 107.
(B) Requirement of majority of retail marketers.--Except as
provided in subsection (b), the oilheat industry in a State
shall not participate in the Alliance if less than 50 percent
of the retail marketer vote in the State approves
establishment of the Alliance.
(6) Certification of volumes.--Each person voting in the
referendum shall certify to the independent auditing firm the
volume of oilheat, No. 1 distillate, or No. 2 dyed distillate
represented by the vote of the person.
(7) Notification.--Not later than 90 days after the date of
enactment of this title, a qualified State association may
notify the qualified industry organization in writing that a
referendum under paragraph (1) will not be conducted in the
State.
(b) Subsequent State Participation.--The oilheat industry
in a State that has not participated initially in the
Alliance may subsequently elect to participate by conducting
a referendum under subsection (a).
(c) Termination or Suspension.--
(1) In general.--On the initiative of the Alliance or on
petition to the Alliance by retail marketers and wholesale
distributors representing 25 percent of the volume of oilheat
or weighted No. 1 distillate and No. 2 dyed distillate in
each class, the Alliance shall, at its own expense, hold a
referendum, to be conducted by an independent auditing firm
selected by the Alliance, to determine whether the oilheat
industry favors termination or suspension of the Alliance.
(2) Volume percentages required to terminate or suspend.--
Termination or suspension shall not take effect unless
termination or suspension is approved by persons representing
more than one-half of the total volume of oilheat voted in
the retail marketer class or more than one-half of the total
volume of weighted No. 1 distillate and No. 2 dyed distillate
voted in the wholesale distributor class.
(3) Termination by a state.--A state may elect to terminate
participation by notifying the Alliance that 50 percent of
the oilheat volume in the state has voted in a referendum to
withdraw.
[[Page
S10814]]
(d) Calculation of Oilheat Sales.--For the purposes of this
section and section 105, the volume of oilheat sold annually
in a State shall be determined on the basis of information
provided by the Energy Information Administration with
respect to a calendar year or other representative period.
SEC. 705. MEMBERSHIP.
(a) Selection.--
(1) In general.--Except as provided in subsection
(c)(1)(C), the qualified industry organization shall select
members of the Alliance representing the oilheat industry in
a State from a list of nominees submitted by the qualified
State association in the State.
(2) Vacancies.--A vacancy in the Alliance shall be filled
in the same manner as the original selection.
(b) Representation.--In selecting members of the Alliance,
the qualified industry organization shall make best efforts
to select members that are representative of the oilheat
industry, including representation of--
(1) interstate and intrastate operators among retail
marketers;
(2) wholesale distributors on No. 1 distillate and No. 2
dyed distillate;
(3) large and small companies among wholesale distributors
and retail marketers; and
(4) diverse geographic regions of the country.
(c) Number of Members.--
(1) In general.--The membership of the Alliance shall be as
follows:
(A) One member representing each State with oilheat sales
in excess of 32,000,000 gallons per year.
(B) If fewer than 24 States are represented under
subparagraph (A), 1 member representing each of the States
with the highest volume of annual oilheat sales, as necessary
to cause the total number of States represented under
subparagraph (A) and this subparagraph to equal 24.
(C) 5 representatives of retail marketers, 1 each to be
selected by the qualified State associations of the 5 States
with the highest volume of annual oilheat sales.
(D) 5 additional representatives of retail marketers.
(E) 21 representatives of wholesale distributors.
(F) 6 public members, who shall be representatives of
significant users of oilheat, the oilheat research community,
State energy officials, or other groups knowledgeable about
oilheat.
(2) Full-time owners or employees.--Other than the public
members, Alliance members shall be full-time owners or
employees of members of the oilheat industry, except that
members described in subparagraphs (C), (D), and (E) of
paragraph (1) may be employees of the qualified industry
organization or an industry trade association.
(d) Compensation.--Alliance members shall receive no
compensation for their service, nor shall Alliance members be
reimbursed for expenses relating to their service, except
that public members, on request, may be reimbursed for
reasonable expenses directly related to participation in
meetings of the Alliance.
(e) Terms.--
(1) In general.--Subject to paragraph (4), a member of the
Alliance shall serve a term of 3 years, except that a member
filling an unexpired term may serve a total of 7 consecutive
years.
(2) Term limit.--A member may serve not more than 2 full
consecutive terms.
(3) Former members.--A former member of the Alliance may be
returned to the Alliance if the member has not been a member
for a period of 2 years.
(4) Initial appointments.--Initial appointments to the
Alliance shall be for terms of 1, 2, and 3 years, as
determined by the qualified industry organization, staggered
to provide for the subsequent selection of one-third of the
members each year.
SEC. 706. FUNCTIONS.
(a) In General.--
(1) Programs, projects; contracts and other agreements.--
The Alliance--
(A) shall develop programs and projects and enter into
contracts or other agreements with other persons and entities
for implementing this title, including programs--
(i) to enhance consumer and employee safety and training;
(ii) to provide for research, development, and
demonstration of clean and efficient oilheat utilization
equipment; and
(iii) for consumer education; and
(B) may provide for the payment of the costs of carrying
out subparagraph (A) with assessments collected under section
707.
(2) Coordination.--The Alliance shall coordinate its
activities with industry trade associations and other persons
as appropriate to provide efficient delivery of services and
to avoid unnecessary duplication of activities.
(3) Activities.--
(A) Exclusions.--Activities under clause (i) or (ii) of
paragraph (1)(A) shall not include advertising, promotions,
or consumer surveys in support of advertising or promotions.
(B) Research, development, and demonstration activities.--
(i) In general.--Research, development, and demonstration
activities under paragraph (1)(A)(ii) shall include--
(I) all activities incidental to research, development, and
demonstration of clean and efficient oilheat utilization
equipment; and
(II) the obtaining of patents, including payments of
attorney's fees for making and perfecting a patent
application.
(ii) Excluded activities.--Research, development, and
demonstration activities under paragraph (1)(A)(ii) shall not
Major Actions:
All articles in Senate section
AMENDMENTS SUBMITTED
(Senate - October 19, 2000)
Text of this article available as:
TXT
PDF
[Pages S10808-
S10835]
AMENDMENTS SUBMITTED
______
SUGAR TARIFF LEGISLATION
______
BREAUX AMENDMENT NO. 4325
(Ordered referred to the Committee on Finance.)
Mr. BREAUX submitted an amendment intended to be proposed by him to
the bill (
S. 3116) to amend the Harmonized Tariff Schedule of the
United States to prevent circumvention of the sugar tariff-rate quotas;
as follows:
At the appropriate place, insert the following:
SEC. ____. PREVENTION OF CIRCUMVENTION OF SUGAR TARIFF-RATE
QUOTAS.
(a) Anticircumvention.--
(1) Amendment to additional united states notes.--
Additional United States Note 5(a)(i) of chapter 17 of the
Harmonized Tariff Schedule of the United States is amended--
(A) in the first sentence, by striking ``and 2106.90.44,''
and inserting ``1702.90.40, and 2106.90.44, and any other
article (other than an article classified under subheading
1701.11 or 1701.12) that is entered, or withdrawn from
warehouse for consumption, if the article is subsequently
used for the commercial extraction or production of sugar for
human consumption, or the article is otherwise used in any
manner that circumvents any quota imposed pursuant to the
notes to this chapter,''; and
(B) in the second sentence, by striking ``and molasses''
and inserting ``, molasses, and other articles,''.
(2) Rate of duty.--The rate of duty in effect under
subheading 1701.99.10 or 1701.99.50 of the Harmonized Tariff
Schedule of the United States, on the date of entry of
articles described in the applicable subheading shall apply
to any article which the Secretary of the Treasury determines
is circumventing the tariff-rate quota relating to articles
described in the applicable subheading.
(3) Animal feed.--Notwithstanding any other provision of
law, no tariff-rate quota may be imposed under Additional
United States Note 5(a)(i) of chapter 17 of the Harmonized
Tariff Schedule, on molasses that is used for animal
consumption in the United States.
(b) Conforming Amendment.--Chapter 17 of the Harmonized
Tariff Schedule of the United States is amended by striking
subheading 1702.90.40 and inserting in numerical sequence the
following new subheadings:
`` 1702.90.40 Described in 3.6606 cents/kg less Free (A*, CA, E*, 6.58170 cents/kg
additional 0.020668 cents/kg IL, J, MX) less 0.0622005
United for each degree cents/kg for each
States note under 100 degrees degree under 100
5 to this (and fractions of a degrees (and
chapter and degree in fractions of a
entered proportion) but not degree in
pursuant to less than 3.143854 proportion) but not
its cents/kg less than 5.031562
provisions cents/kg
[[Page
S10809]]
1702.90.45 Other 35.74 cents/kg 28.247 cents/kg less 42.05 cents/kg
0.4 cents/kg for
each degree under
100 degrees (and
fractions of a
degree in
proportion) but not
less than 18.256
cents/kg (MX)
(c) Effective Date.--The amendments made by this section
apply to goods entered, or withdrawn from warehouse for
consumption, on or after the 15th day after the date of
enactment of this Act.
______
COLORADO UTE SETTLEMENT ACT AMENDMENTS OF 2000
______
FEINGOLD AMENDMENT NO. 4326
Mr. FEINGOLD proposed an amendment to amendment No. 4303 proposed by
Mr. Campbell the bill (
S. 2508) to amend the Colorado Ute Indian Water
Rights Settlement Act of 1988 to provide for a final settlement of the
claims of the Colorado Ute Indian Tribes, and for other purposes; as
follows:
On page 10 of the amendment, line 11, insert ``, to
restrict the availability or scope of judicial review, or to
in any way affect the outcome of judicial review of any
decision based on such analysis'' before the period.
On page 10 of the amendment, strike lines 12 through 23 and
insert the following:
``(C) Limitation.--No facilities of the Animas-La Plata
Project, as authorized under the Act of April 11, 1956 (43
U.S.C. 620) (commonly referred to as the `Colorado River
Storage Act'), other than those specifically authorized in
subparagraph (A), are authorized after the date of enactment
of this Act.''
On page 11 of the amendment, beginning on line 21, strike
``Such repayment'' and all that follows through ``.).'' on
line 24.
On page 12 of the amendment, line 9, insert after the
period the following: ``Fish and wildlife mitigation costs
associated with the facilities described in paragraph
(1)(A)(i) shall be reimbursable joint costs of the Animas-La
Plata Project. Recreation costs shall be 100 percent
reimbursable by nontribal users.''.
On page 13 of the amendment, beginning on line 2, strike
``Additional'' and all that follows through line 6.
______
STRATEGIC PETROLEUM RESERVE REAUTHORIZATION
______
MURKOWSKI (AND BINGAMAN) AMENDMENT NO. 4327
Mr. SESSIONS (for Mr. Murkowski (for himself and Mr. Bingaman))
proposed an amendment to the bill (
H.R. 2884) to extend energy
conservation programs under the Energy Policy and Conservation Act
through fiscal year 2003; as follows:
Strike all after the enacting clause and insert in lieu
thereof the following:
SEC. 1. SHORT TITLE.
This Act may be cited as the Energy Act of 2000.
TITLE I
STRATEGIC PETROLEUM RESERVE
SEC. 101. SHORT TITLE.
This title may be cited as the ``Energy Policy and
Conservation Act Amendments of 2000''.
SECTION. 102.
Section 2 of the Energy Policy and Conservation Act (42
U.S.C. 6201) is amended--
(a) in paragraph (1) by striking ``standby'' and ``,
subject to congressional review, to impose rationing, to
reduce demand for energy through the implementation of energy
conservation plans, and''; and
(b) by striking paragraphs (3) and (6).
SECTION. 103.
Title I of the Energy Policy and Conservation Act (42
U.S.C. 6211-6251) is amended--
(a) by striking section 102 (42 U.S.C. 6211) and its
heading;
(b) by striking section 104(b)(1);
(c) by striking section 106 (42 U.S.C. 6214) and its
heading;
(d) by amending section 151(b) (42 U.S.C. 6231) to read as
follows:
``(b) It is the policy of the United States to provide for
the creation of a Strategic Petroleum Reserve for the storage
of up to 1 billion barrels of petroleum products to reduce
the impact of disruptions in supplies of petroleum products,
to carry out obligations of the United States under the
international energy program, and for other purposes as
provided for in this Act.'';
(e) in section 152 (42 U.S.C. 6232)--
(1) by striking paragraphs (1), (3) and (7), and
(2) in paragraph (11) by striking ``; such term includes
the Industrial Petroleum Reserve, the Early Storage Reserve,
and the Regional Petroleum Reserve''.
(f) by striking section 153 (42 U.S.C. 623) and its
heading;
(g) in section 154 (42 U.S.C. 6234)--
(1) by amending subsection (a) to read as follows:
``(a) A Strategic Petroleum Reserve for the storage of up
to 1 billion barrels of petroleum products shall be created
pursuant to this part.'';
(2) by amending subsection (b) to read as follows:
``(b) The Secretary, in accordance with this part, shall
exercise authority over the development, operation, and
maintenance of the Reserve.''; and
(3) by striking subsections (c), (d), and (e);
(h) by striking section 155 (42 U.S.C. 6235) and its
heading;
(i) by striking section 156 (42 U.S.C. 6236) and its
heading;
(j) by striking section 157 (42 U.S.C. 6237) and its
heading;
(k) by striking section 158 (42 U.S.C. 6238) and its
heading;
(l) by amending the heading for section 159 (42 U.S.C.
6239) to read, ``Development, Operation, and Maintenance of
the Reserve'';
(m) in section 159 (42 U.S.C. 6239)--
(1) by striking subsections (a), (b), (c), (d), and (e);
(2) by amending subsection (f) to read as follows:
``(f) In order to develop, operate, or maintain the
Strategic Petroleum Reserve, the Secretary may:
``(1) issue rules, regulations, or orders;
``(2) acquire by purchase, condemnation, or otherwise, land
or interests in land for the location of storage and related
facilities;
``(3) construct, purchase, lease, or otherwise acquire
storage and related facilities;
``(4) use, lease, maintain, sell or otherwise dispose of
land or interests in land, or of storage and related
facilities acquired under this part, under such terms and
conditions as the Secretary considers necessary or
appropriate;
``(5) acquire, subject to the provisions of section 160, by
purchase, exchange, or otherwise, petroleum products for
storage in the Strategic Petroleum Reserve;
``(6) store petroleum products in storage facilities owned
and controlled by the United States or in storage facilities
owned by others if those facilities are subject to audit by
the United States;
``(7) execute any contracts necessary to develop, operate,
or maintain the Strategic Petroleum Reserve;
``(8) bring an action, when the Secretary considers it
necessary, in any court having jurisdiction over the
proceedings, to acquired by condemnation any real or personal
property, including facilities, temporary use of facilities,
or other interests in land, together with any personal
property located on or used with the land.''; and
(3) in subsection (g)--
(A) by striking ``implementation'' and inserting
``development''; and
(B) by striking ``Plan'';
(4) by striking subsections (h) and (i);
(5) by amending subsection (j) to read as follows:
``(j) If the Secretary determines expansion beyond
700,000,000 barrels of petroleum product inventory is
appropriate, the Secretary shall submit a plan for expansion
to the Congress.''; and
(6) by amending subsection (I) to read as follows:
``(I) During a drawdown and sale of Strategic Petroleum
Reserve petroleum products, the Secretary may issue
implementing rules, regulations, or orders in accordance with
section 553 of title 5, United States Code, without regard to
rulemaking requirements in section 523 of this Act, and
section 501 of the Department of Energy Organizations Act (42
U.S.C. 7191).'';
(n) in section 160 (420 U.S.C. 6240)--
(1) in subsection (a), by striking all before the dash and
inserting the following--
``(a) The Secretary may acquire, place in storage,
transport, or exchange'';
(2) in subsection (a)(1) by striking all after ``Federal
lands'';
(3) in subsection (b), by striking ``, including the Early
Storage Reserve and the Regional Petroleum Reserve'' and by
striking paragraph (2); and
(4) by striking subsections (c), (d), (e), and (g);
(o) in section 161 (42 U.S.C. 6241)--
(1) by striking ``Distribution of the Reserve'' in the
title of this section and inserting ``Sale of Petroleum
Products'';
(2) in subsection (a), by striking ``drawdown and
distribute'' and inserting ``draw down and sell petroleum
products in'';
(3) by striking subsection (b), (c), and (f);
[[Page
S10810]]
(4) by amending subsection (d)(1) to read as follows:
``(d)(1) Drawdown and sale of petroleum products from the
Strategic Petroleum Reserve may not be made unless the
President has found drawdown and sale are required by a
severe energy supply interruption or by obligations of the
United States under the international energy program.'';
(5) by amending subsection (e) to read as follows:
``(e)(1) The Secretary shall sell petroleum products
withdrawn from the Strategic Petroleum Reserve at public sale
to the highest qualified bidder in the amounts, for the
period, and after a notice of sale considered appropriate by
the Secretary, and without regard to Federal, State, or local
regulations controlling sales of petroleum products.
``(2) The Secretary may cancel in whole or in part any
offer to sell petroleum products as part of any drawdown and
sale under this Section.''; and
(6) in subsection (g)--
(A) by amending paragraph (1) to read as follows:
``(g)(1) The Secretary shall conduct a continuing
evaluation of the drawdown and sales procedures. In the
conduct of an evaluation, the Secretary is authorized to
carry out a test drawdown and sale or exchange of petroleum
products from the Reserve. Such a test drawdown and sale or
exchange may not exceed 5,000,000 barrels of petroleum
products.'';
(B) by striking paragraphs (2);
(C) in paragraph (4), by striking ``90'' and inserting
``95'';
(D) in paragraph (5), by striking ``drawdown and
distribution'' and inserting ``test'';
(E) by amending paragraph (6) to read as follows:
``(6) In the case of a sale of any petroleum products under
this subsection, the Secretary shall, to the extent funds are
available in the SPR Petroleum Account as a result of such
sale, acquire petroleum products for the Reserve within the
12-month period beginning after completion of the sale.'';
and
(F) in paragraph (8), by striking ``drawdown and
distribution'' and inserting ``test'';
(7) in subsection (h)--
(A) in paragraph (1) by striking ``distribute'' and
inserting ``sell petroleum products from'';
(B) by deleting ``and'' at the end of paragraph (1)(A) and
by deleting ``shortage,'' at the end of paragraph (1)(B) and
inserting ``shortage; and
``(C) the Secretary of Defense has found that action taken
under this subsection will not impair national security,'';
(C) in paragraph (2) by striking ``In no case may the
Reserve'' and inserting ``Petroleum products from the Reserve
may not''; and
(D) in paragraph (3) by striking ``distribution'' each time
it appears and inserting ``sale'';
(p) by striking section 164 (42 U.S.C. 6244) and its
heading;
(q) by amending section 165 (42 U.S.C. 6245) and its
heading to read as follows--
``Annual Report
``Sec. 165. The Secretary shall report annually to the
President and the Congress on actions taken to implement this
part. This report shall include--
``(1) the status of the physical capacity of the Reserve
and the type and quantity of petroleum products in the
Reserve;
``(2) an estimate of the schedule and cost to complete
planned equipment upgrade or capital investment in the
Reserve, including upgrades and investments carried out as
part of operational maintenance or extension of life
activities;
``(3) an identification of any life-limiting conditions or
operational problems at any Reserve facility, and proposed
remedial actions including an estimate of the schedule and
cost of implementing those remedial actions;
``(4) a description of current withdrawal and distribution
rates and capabilities, and an identification of any
operational or other limitations on those rates and
capabilities;
``(5) a listing of petroleum product acquisitions made in
the preceding year and planned in the following year,
including quantity, price, and type of petroleum;
``(6) a summary of the actions taken to develop, operate,
and maintain the Reserve;
``(7) a summary of the financial status and financial
transactions of the Strategic Petroleum Reserve and Strategic
Petroleum Reserve Petroleum Accounts for the year.
``(8) a summary of expenses for the year, and the number of
Federal and contractor employees;
``(9) the status of contracts for development, operation,
maintenance, distribution, and other activities related to
the implementation of this part;
``(10) a summary of foreign oil storage agreements and
their implementation status;
``(11) any recommendations for supplemental legislation or
policy or operational changes the Secretary considers
necessary or appropriate to implement this part.'';
(r) in section 166 (42 U.S.C. 6246) by striking ``for
fiscal year 1997.'';
(s) in section 167 (42 U.S.C. 6247)--
(1) in subsection (b)--
(A) by striking ``and the drawdown'' and inserting ``for
test sales of petroleum products from the Reserve, and for
the drawdown, sale,'';
(B) by striking paragraph (1); and
(C) in paragraph (2), by striking ``after fiscal year
1982''; and
(2) by striking subsection (e);
(t) in section 171 (42 U.S.C. 6249)--
(1) by amending subsection (b)(2)(B) to read as follows:
``(B) the Secretary notifies each House of the Congress of
the determination and identifies in the notification the
location, type, and ownership of storage and related
facilities proposed to be included, or the volume, type, and
ownership of petroleum products proposed to be stored, in the
Reserve, and an estimate of the proposed benefits.'';
(2) in subsection (b)(3), by striking ``distribution of''
and inserting ``sale of petroleum products from'';
(u) in section 172 (42 U.S.C. 6249a), by striking
subsections (a) and (b);
(v) by striking section 173 (42 U.S.C. 6249b) and its
heading; and
(w) in section 181 (42 U.S.C. 6251), by striking ``March
31, 2000'' each time it appears and inserting ``September 30,
2003''.
SECTION. 104.
Title II of the Energy Policy and Conservation Act (42
U.S.C. 6211-6251) is amended--
(a) by striking Part A (42 U.S.C. 6261 through 6264) and
its heading;
(b) by adding at the end of section 256(h), ``There are
authorized to be appropriated for fiscal years 2000 through
2003, such sums as may be necessary.''
(c) by striking Part C (42 U.S.C. 6281 through 6282) and
its heading; and
(d) in section 281 (42 U.S.C. 6285), by striking ``March
31, 2000'' each time it appears and inserting ``September 30,
2003''.
SEC. 105. CLERICAL AMENDMENTS.
The Table of Contents for the Energy Policy and
Conservation Act is amended--
(a) by striking the items relating to sections 102, 106,
153, 155, 156, 157, 158, and 164;
(b) by amending the item relating to section 159 to read as
follows: ``Development, Operation, and Maintenance of the
Reserve.'';
(c) by amending the item relating to section 161 to read as
follows: ``Drawdown and Sale of Petroleum Products''; and
(d) by amending the item relating to section 165 to read as
follows: ``Annual Report''.
TITLE II
HEATING OIL RESERVE
SEC. 201. NORTHEAST HOME HEATING OIL RESERVE.
(a) Title I of the Energy Policy and Conservation Act is
amended by--
(1) redesignating part D as part E;
(2) redesignating section 181 as section 191; and
(3) inserting after part C the following new part D:
``PART D--NORTHEAST HOME HEATING OIL RESERVE
``establishment
``Sec. 181. (a) Notwithstanding any other provision of this
Act, the Secretary may establish, maintain, and operate in
the Northeast a Northeast Home Heating Oil Reserve. A Reserve
established under this part is not a component of the
Strategic Petroleum Reserve established under part B of this
title. A Reserve established under this part shall contain no
more than 2 million barrels of petroleum distillate.
``(b) For the purposes of this part--
``(1) the term `Northeast' means the States of Maine, New
Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island,
New York, Pennsylvania, and New Jersey;
``(2) the term `petroleum distillate' includes heating oil
and diesel fuel; and
``(3) the term `Reserve' means the Northeast Home Heating
Oil Reserve established under this part.
``authority
``Sec. 182. To the extent necessary or appropriate to carry
out this part, the Secretary may----
``(1) purchase, contract for, lease, or otherwise acquire,
in whole or in part, storage and related facilities, and
storage services;
``(2) use, lease, maintain, sell, or otherwise dispose of
storage and related facilities acquired under this part;
``(3) acquire by purchase, exchange (including exchange of
petroleum product from the Strategic Petroleum Reserve or
received as royalty from Federal lands), lease, or otherwise,
petroleum distillate for storage in the Northeast Home
Heating Oil Reserve;
``(4) store petroleum distillate in facilities not owned by
the United States; and
``(5) sell, exchange, or otherwise dispose of petroleum
distillate from the Reserve established under this part,
including to maintain the quality or quantity of the
petroleum distillate in the Reserve or to maintain the
operational capability of the Reserve.
``conditions for release; plan
``Sec. 183. (a) Finding.--The Secretary may sell product
from the Reserve only upon a finding by the President that
there is a severe energy supply interruption. Such a finding
may be made only if he determines that--
``(1) a dislocation in the heating oil market has resulted
from such interruption; or
``(2) a circumstance, other than that described in
paragraph (1), exists that constitutes a regional supply
shortage of significant scope and duration and that action
taken under this section would assist directly and
significantly in reducing the adverse impact of such
shortage.
``(b) Definition.--For purposes of this section a
`dislocation in the heating oil market' shall be deemed to
occur only when--
``(1) The price differential between crude oil, as
reflected in an industry daily publication such as `Platt's
Oilgram Price Report'
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or `Oil Daily' and No. 2 heating oil, as reported in the
Energy Information Administration's retail price data for the
Northeast, increases by more tan 60% over its five year
rolling average for the months of mid-October through March,
and continues for 7 consecutive days; and
``(2) The price differential continues to increase during
the most recent week for which price information is
available.
``(c) The Secretary shall conduct a continuing evaluation
of the residential price data supplied by the Energy
Information Administration for the Northeast and data on
crude oil prices from published sources.
``(d) After consultation with the heating oil industry, the
Secretary shall determine procedures governing the release of
petroleum distillate from the Reserve. The procedures shall
provide that:
``(1) The Secretary may--
``(A) sell petroleum distillate from the Reserve through a
competitive process, or
``(B) enter into exchange agreements for the petroleum
distillate that results in the Secretary receiving a greater
volume of petroleum distillate as repayment than the volume
provided to the acquirer;
``(2) In such sales or exchanges, the Secretary shall
receive revenue or its equivalent in petroleum distillate
that provides the Department with fair market value. At no
time may the oil be sold or exchanged resulting in a loss of
revenue or value to the United States; and
``(3) The Secretary shall only sell or dispose of the oil
in the Reserve to entities customarily engaged in the sale
and distribution of petroleum distillate.
``(e) Within 45 days of the date of the enactment of this
section, the Secretary shall transmit to the President and,
if the President approves, to the Congress a plan
describing--
``(1) the acquisition of storage and related facilities or
storage services for the Reserve, including the potential use
of storage facilities not currently in use;
``(2) the acquisition of petroleum distillate for storage
in the Reserve;
``(3) the anticipated methods of disposition of petroleum
distillate from the Reserve;
``(4) the estimated costs of establishment, maintenance,
and operation of the Reserve;
``(5) efforts the Department will take to minimize any
potential need for future drawdowns and ensure that
distributors and importers are not discouraged from
maintaining and increasing supplies to the Northeast; and
``(6) actions to ensure quality of the petroleum distillate
in the Reserve.
``northeast home heating oil reserve account
``Sec. 184. (a) Upon a decision of the Secretary of Energy
to establish a Reserve under this part, the Secretary of the
Treasury shall establish in the Treasury of the United States
an account known as the `Northeast Home Heating Oil Reserve
Account' (referred to in this section as the `Account').
``(b) the Secretary of the Treasury shall deposit in the
Account any amounts appropriated to the Account and any
receipts from the sale, exchange, or other disposition of
petroleum distillate from the Reserve.
``(c) The Secretary of Energy may obligate amounts in the
Account to carry out activities under this part without the
need for further appropriation, and amounts available to the
Secretary of Energy for obligation under this section shall
remain available without fiscal year limitation.
``exemptions
``Sec. 185. An action taken under this part is not subject
to the rulemaking requirements of section 523 of this Act,
section 501 of the Department of Energy Organization Act, or
section 553 of title 5, United States Code.
``authorization of appropriations
``Sec. 186. There are authorized to be appropriated for
fiscal years 2001, 2002, and 2003 such sums as may be
necessary to implement this part.''.
SEC. 202. USE OF ENERGY FUTURES FOR FUEL PURCHASES.
(a) Heating Oil Study.--The Secretary shall conduct a study
on--
(1) the use of energy futures and options contracts to
provide cost-effective protection from sudden surges in the
price of heating oil (including number two fuel oil, propane,
and kerosine) for state and local government agencies,
consumer cooperatives, and other organizations that purchase
heating oil in bulk to market to end use consumers in the
Northeast (as defined in section 201); and
(2) how to most effectively inform organizations identified
in paragraph (1) about the benefits and risks of using energy
futures and options contracts.
(b) Report.--The Secretary shall transmit the study
required in this section to the Committee on Commerce of the
House of Representatives and the Committee on Energy and
Natural Resources of the Senate not later than 180 days after
the enactment of this section. The report shall contain a
review of prior studies conducted on the subjects described
in subsection (a).
MARGINAL WELL PURCHASES
SEC. 301. PURCHASE OF OIL FROM MARGINAL WELLS.
(a) Purchase of Oil From Marginal Wells.--Part B of Title I
of the Energy Policy and Conservation Act (42 U.S.C. 6232 et
seq.) is amended by adding the following new section after
section 168:
``purchase of oil from marginal wells
``Sec. 169. (a) In General.--From amounts authorized under
section 166, in any case in which the price of oil decreases
to an amount less than $15.00 per barrel (an amount equal to
the annual average well head price per barrel for all
domestic crude oil), adjusted for inflation, the Secretary
may purchase oil from a marginal well at $15.00 per barrel,
adjusted for inflation.
``(b) Definition of Marginal Well.--The term `marginal
well' has the same meaning as the definition of `stripper
well property' in section 613A(c)(6)(E) of the Internal
Revenue Code (26 U.S.C. 613A(c)(6)(E)).''.
(b) Conforming Amendment.--The table of contents for the
Energy Policy and Conservation Act is amended by inserting
after the item relating to section 168 the following:
``Sec. 169. Purchase of oil from marginal wells.''.
TITLE IV
FEDERAL ENERGY MANAGEMENT
SEC. 401. FEMP.
Section 801 of the National Energy Conservation Policy Act
(42 U.S.C. 8287(a)(2)(D)(iii) is amended by striking
``$750,000'' and inserting ``$10,000,000''.
TITLE V
ALASKA STATE JURISDICTION OVER SMALL HYDROELECTRIC PROJECTS
SEC. 501. ALASKA STATE JURISDICTION OVER SMALL HYDROELECTRIC
PROJECTS.
Part I of the Federal Power Act (16 U.S.C. 792 et seq.) is
amended by adding at the end the following:
``SEC. 32. ALASKA STATE JURISDICTION OVER SMALL HYDROELECTRIC
PROJECTS.
``(a) Discontinuance of Regulation by the Commission.--
Notwithstanding sections 4(e) and 23(b), the Commission shall
discontinue exercising licensing and regulatory authority
under this Part over qualifying project works in the State of
Alaska, effective on the date on which the Commission
certifies that the State of Alaska has in place a regulatory
program for water-power development that--
``(1) protects the public interest, the purposes listed in
paragraph (2), and the environment to the same extent
provided by licensing and regulation by the Commission under
this Part and other applicable Federal laws, including the
Endangered Species Act (16 U.S.C. 1531 et seq.) and the Fish
and Wildlife Coordination Act (16 U.S.C. 661 et seq.);
``(2) gives equal consideration to the purposes of--
``(A) energy conservation;
``(B) the protection, mitigation of damage to, and
enhancement of, fish and wildlife (including related spawning
grounds and habitat);
``(C) the protection of recreational opportunities,
``(D) the preservation of other aspects of environmental
quality,
``(E) the interests of Alaska Natives, and
``(F) other beneficial public uses, including irrigation,
flood control, water supply, and navigation; and
``(3) requires, as a condition of a license for any project
works--
``(A) the construction, maintenance, and operation by a
licensee at its own expense of such lights and signals as may
be directed by the Secretary of the Department in which the
Coast Guard is operating, and such fishways as may be
prescribed by the Secretary of the Interior or the Secretary
of Commerce, as appropriate;
``(B) the operation of any navigation facilities which may
be constructed as part of any project to be controlled at all
times by such reasonable rules and regulations as may be made
by the Secretary of the Army; and
``(C) conditions for the protection, mitigation, and
enhancement of fish and wildlife based on recommendations
received pursuant to the Fish and Wildlife Coordination Act
(16 U.S.C. 661 et seq.) from the National Marine Fisheries
Service, the United States Fish and Wildlife Service, and
State fish and wildlife agencies.
``(b) Definition of `Qualifying Project Works'.--For
purposes of this section, the term `qualifying project works'
means project works--
``(1) that are not part of a project licensed under this
Part or exempted from licensing under this Part or section
405 of the Public Utility Regulatory Policies Act of 1978
prior to the date of enactment of this section;
``(2) for which a preliminary permit, a license
application, or an application for an exemption from
licensing has not been accepted for filing by the Commission
prior to the date of enactment of subsection (c) unless such
application is withdrawn at the election of the applicant);
``(3) that are part of a project that has a power
production capacity of 5,000 kilowatts or less;
``(4) that are located entirely within the boundaries of
the State of Alaska; and
``(5) that are not located in whole or in part on any
Indian reservation, a conservation system unit (as defined in
section 102(4) of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3102(4))), or segment of a river
designated for study for addition to the Wild and Scenic
Rivers System.
``(c) Election of State Licensing.--In the case of
nonqualifying project works that would be a qualifying
project works but for the fact that the project has been
licensed (or exempted from licensing) by the Commission prior
to the enactment of this section,
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the licensee of such project may in its discretion elect to
make the project subject to licensing and regulation by the
State of Alaska under this system.
``(d) Project Works on Federal Lands.--With respect to
projects located in whole or in part on a reservation, a
conservation system unit, or the public lands, a State
licences or exemption from licensing shall be subject to--
``(1) the approval of the Secretary having jurisdiction
over such lands; and
``(2) such conditions as the Secretary may prescribe.
``(e) Consultation With Affected Agencies.--The Commission
shall consult with the Secretary of the Interior, the
Secretary of Agriculture, and the Secretary of Commerce
before certifying the State of Alaska's regulatory program.
``(f) Application of Federal Laws.--Nothing in this section
shall preempt the application of Federal environmental,
natural resources, or cultural resources protection laws
according to their terms.
``(g) Oversight by the Commission.--The State of Alaska
shall notify the Commission not later than 30 days after
making any significant modification to its regulatory
program. The Commission shall periodically review the State's
program to ensure compliance with the provisions of this
section.
``(h) Resumption of Commission Authority.--Notwithstanding
subsection (a), the Commission shall reassert its licensing
and regulatory authority under this Part if the Commission
finds that the State of Alaska has not complied with one or
more of the requirements of this section.
``(i) Determination by the Commission.--
``(1) Upon application by the Governor of the State of
Alaska, the Commission shall within 30 days commence a review
of the State of Alaska's regulatory program for water-power
development to determine whether it complies with the
requirements of Subsection (a).
``(2) The Commission's review required by Paragraph (1)
shall be completed with one year of initiation, and the
Commission shall within 30 days thereafter issue a final
order determining whether or not the State of Alaska's
regulatory program for waterpower development complies with
the requirements of subsection (a).
``(3) If the Commission fails to issue a final order in
accordance with paragraph (2) the State of Alaska's
regulatory program for water-powered development shall be
deemed to be in compliance with subsection (a).''.
TITLE VI
WEATHERIZATION, SUMMER FILL, HYDROELECTRIC LICENSING PROCEDURES, AND
INVENTORY OF OIL AND GAS RESERVES
SEC. 601. CHANGES IN WEATHERIZATION PROGRAM TO PROTECT LOW-
INCOME PERSONS.
(a) The matter under the heading ``Energy Conservation
(Including Transfer of Funds)'' in title II of the Department
of the Interior and Related Agencies Appropriations Act, 2000
(113 Stat. 1535, 1501A-180), is amended by striking
``grants:'' and all that follows and inserting ``grants.''.
(b) Section 415 of the Energy Conservation and Production
Act (42 U.S.C. 6865) is amended--
(1) in subsection (a)(1) by striking the first sentence;
(2) in subsection (a)(2) by--
(A) striking ``(A)''.
(B) striking ``approve a State's application to waive the
40 percent requirement established in paragraph (1) if the
State includes in its plan'' and inserting ``establish'', and
(C) striking subparagraph (B);
(3) in subsection (c)(1) by--
(A) striking ``paragraphs (3) and (4)'' and inserting
``paragraph (3)'',
(B) striking ``$1600'' and inserting ``$2500'',
(C) striking ``and'' at the end of subparagraph (C),
(D) striking the period and inserting ``, and'' in
subparagraph (D), and
(E) inserting after subparagraph (D) the following new
subparagraph:
``(E) the cost of making heating and cooling modifications,
including replacement'';
(4) in subsection (c)(3) by--
(A) striking ``1991, the $1600 per dwelling unit
limitation' and inserting `2000, the $2500 per dwelling unit
average'',
(B) striking ``limitation'' and inserting ``average'' each
time it appears, and
(C) inserting ``the'' after ``beginning of'' in
subparagraph (B); and
(5) by striking subsection (c)(4).
SEC. 602. SUMMER FILL AND FUEL BUDGETING PROGRAMS.
(a) Part C of title II of the Energy Policy and
Conservation Act (42 U.S.C.. 6211 et seq.) is amended by
adding at the end the following:
``SEC. 273. SUMMER FILL AND FUEL BUDGETING PROGRAMS.
``(a) Definitions.--In this section:
``(1) Budget contract.--The term `budget contract' means a
contract between a retailer and a consumer under which the
heating expenses of the consumer are spread evenly over a
period of months.
``(2) Fixed-price contract.--The term `fixed-price
contract' means a contract between a retailer and a consumer
under which the retailer charges the consumer a set price for
propane, kerosene, or heating oil without regard to market
price fluctuations.
``(3) Price cap contract.--The term `price cap contract'
means a contract between a retailer and a consumer under
which the retailer charges the consumer the market price for
propane, kerosene, or heating oil, but the cost of the
propane, kerosene, or heating oil may exceed a maximum amount
stated in the contract.
``(b) Assistance.--At the request of the chief executive
officer of a State, the Secretary shall provide information,
technical assistance, and funding--
``(1) to develop education and outreach programs to
encourage consumers to fill their storage facilities for
propane, kerosene, and heating oil during the summer months;
and
``(2) to promote the use of budget contracts, price cap
contracts, fixed-price contracts, and other advantageous
financial arrangements;
to avoid severe seasonal price increases for and supply
shortages of those products.
``(c) Preference.--In implementing this section, the
Secretary shall give preference to States that contribute
public funds or leverage private funds to develop State
summer fill and fuel budgeting programs.
``(d) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section--
``(1) $25,000,000 for fiscal year 2001; and
``(2) such sums as are necessary for each fiscal year
thereafter.
``(3) Inapplicability of Expiration Provision.--Section 281
does not apply to this section.''.
(b) The table of contents in the first section of the
Energy Policy and Conservation Act (42 U.S.C. prec. 6201) is
amended by inserting after the item relating to section 272
the following:
``Sec. 273. Summer fill and fuel budgeting programs.''.
SEC. 603. EXPEDITED FERC HYDROELECTRIC LICENSING PROCEDURES.
The Federal Energy Regulatory Commission shall, in
consultation with other appropriate agencies, immediately
undertake a comprehensive review of policies, procedures and
regulations for the licensing of hydroelectric projects to
determine how to reduce the cost and time of obtaining a
license. The Commission shall report its findings within six
months of the date of enactment to the Congress, including
any recommendations for legislative changes.
SEC. 604. SCIENTIFIC INVENTORY OF OIL AND GAS RESERVES.
(a) In General.--The Secretary of the Interior, in
consultation with the Secretaries of Agriculture and Energy,
shall conduct an inventory of all onshore federal lands. The
inventory shall identify:
(1) The United States Geological Survey reserve estimates
of the oil and gas resources underlying these lands, and;
(2) The extent and nature of any restrictions or
impediments to the development of such resources.
(b) Once completed, the USGS reserve estimates and the
surface availability data as provided in (a)(2) shall be
regularly updated and made publically available.
(c) The inventory shall be provided to the Committee on
Resources of the House of Representatives and to the
Committee on Energy and Natural Resources of the Senate
within two years after the date of enactment of this section.
(d) There are authorized to be appropriated such sums as
may be necessary to implement this section.
SEC. 605. ANNUAL HOME HEATING READINESS REPORTS.
(a) In General.--Part A of title I of the Energy Policy and
Conservation Act (42 U.S.C. 6211 et seq.) is amended by
adding at the end the following:
``SEC. 108. ANNUAL HOME HEATING READINESS REPORTS.
``(a) In General.--On or before September 1 of each year,
Secretary, acting through the Administrator of the Energy
Information Agency, shall submit to Congress a Home Heating
Readiness Report on the readiness of the natural gas, heating
oil and propane industries to supply fuel under various
weather conditions, including rapid decreases in temperature.
``(b) Contents.--The Home Heating Readiness Report shall
include--
``(1) estimates of the consumption, expenditures, and
average price per gallon of heating oil and propane and
thousand cubic feet of natural gas for the upcoming period of
October through March for various weather conditions, with
special attention to extreme weather, and various regions of
the country;
``(2) an evaluation of--
``(A) global and regional crude oil and refined product
supplies;
``(B) the adequacy and utilization of refinery capacity;
``(C) the adequacy, utilization, and distribution of
regional refined product storage capacity;
``(D) weather conditions;
``(E) the refined product transportation system;
``(F) market inefficiencies; and
``(G) any other factor affecting the functional capability
of the heating oil industry and propane industry that has the
potential to affect national or regional supplies and prices;
``(3) recommendations on steps that the Federal, State, and
local governments can take to prevent or alleviate the impact
of sharp and sustained increases in the price of natural gas,
heating oil and propane; and
``(4) recommendations on steps that companies engaged in
the production, refining, storage, transportation of heating
oil or propane, or any other activity related to the
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heating oil industry or propane industry, can take to prevent
or alleviate the impact of sharp and sustained increases in
the price of heating oil and propane.
``(c) Information Requests.--The Secretary may request
information necessary to prepare the Home Heating Readiness
Report from companies described in subsection (b)(4).''.
(b) Conforming and Technical Amendments.--The Energy Policy
and Conservation Act is amended--
(1) in the table of contents in the first section (42
U.S.C. prec. 6201), by inserting after the item relating to
section 106 the following:
``Sec. 107. Major fuel burning stationary source.
``Sec. 108. Annual home heating readiness reports.'';
and
(2) in section 107 (42 U.S.C. 6215), by striking ``SEC.
107. (a) No Governor'' and inserting the following:
``SEC. 107. MAJOR FUEL BURNING STATIONARY SOURCE.
``(a) No Governor''.
TITLE VII
NATIONAL OIL HEAT RESEARCH ALLIANCE ACT OF 1999
SEC. 701. SHORT TITLE.
This title may be cited as the `National Oilheat Research
Alliance Act of 2000'.
SEC. 702. FINDINGS.
Congress finds that--
(1) oilheat is an important commodity relied on by
approximately 30,000,000 Americans as an efficient and
economical energy source for commercial and residential space
and hot water heating;
(2) oilheat equipment operates at efficiencies among the
highest of any space heating energy source, reducing fuel
costs and making oilheat an economical means of space
heating;
(3) the production, distribution, and marketing of oilheat
and oilheat equipment plays a significant role in the economy
of the United States, accounting for approximately
$12,900,000,000 in expenditures annually and employing
millions of Americans in all aspects of the oilheat industry;
(4) only very limited Federal resources have been made
available for oilheat research, development, safety,
training, and education efforts, to the detriment of both
the oilheat industry and its 30,000,000 consumers; and
(5) the cooperative development, self-financing, and
implementation of a coordinated national oilheat industry
program of research and development, training, and consumer
education is necessary and important for the welfare of the
oilheat industry, the general economy of the United States,
and the millions of Americans that rely on oilheat for
commercial and residential space and hot water heating.
SEC. 703. DEFINITIONS.
In this title:
(1) Alliance.--The term ``Alliance'' means a national
oilheat research alliance established under section 704.
(2) Consumer education.--The term ``consumer education''
means the provision of information to assist consumers and
other persons in making evaluations and decisions regarding
oilheat and other nonindustrial commercial or residential
space or hot water heating fuels.
(3) Exchange.--The term ``exchange'' means an agreement
that--
(A) entitles each party or its customers to receive oilheat
from the other party; and
(B) requires only an insubstantial portion of the volumes
involved in the exchange to be settled in cash or property
other than the oilheat.
(4) Industry trade association.--The term ``industry trade
association'' means an organization described in paragraph
(3) or (6) of section 501(c) of the Internal Revenue Code of
1986 that is exempt from taxation under section 501(a) of
that Code and is organized for the purpose of representing
the oilheat industry.
(5) No. 1 distillate.--The term ``No. 1 distillate'' means
fuel oil classified as No. 1 distillate by the American
Society for Testing and Materials.
(6) No. 2 dyed distillate.--The term ``No. 2 dyed
distillate'' means fuel oil classified as No. 2 distillate by
the American Society for Testing and Materials that is
indelibly dyed in accordance with regulations prescribed by
the Secretary of the Treasury under section 4082(a)(2) of the
Internal Revenue Code of 1986.
(7) Oilheat.--The term ``oilheat'' means--
(A) No. 1 distillate; and
(B) No. 2 dyed distillate;
that is used as a fuel for nonindustrial commercial or
residential space or hot water heating.
(8) Oilheat industry.--
(A) In general.--The term ``oilheat industry'' means--
(i) persons in the production, transportation, or sale of
oilheat; and
(ii) persons engaged in the manufacture or distribution of
oilheat utilization equipment.
(B) Exclusion.--The term ``oilheat industry'' does not
include ultimate consumers of oilheat.
(9) Public member.--The term ``public member'' means a
member of the Alliance described in section 705(c)(1)(F).
(10) Qualified industry organization.--The term ``qualified
industry organization'' means the National Association for
Oilheat Research and Education or a successor organization.
(11) Qualified state association.--The term ``qualified
State association'' means the industry trade association or
other organization that the qualified industry organization
or the Alliance determines best represents retail marketers
in a State.
(12) Retail marketer.--The term ``retail marketer'' means a
person engaged primarily in the sale of oilheat to ultimate
consumers.
(13) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(14) Wholesale distributor.--The term ``wholesale
distributor'' means a person that--
(A)(i) produces No. 1 distillate or No. 2 dyed distillate;
(ii) imports No. 1 distillate or No. 2 dyed distillate; or
(iii) transports No. 1 distillate or No. 2 dyed distillate
across State boundaries or among local marketing areas; and
(B) sells the distillate to another person that does not
produce, import, or transport No. 1 distillate or No. 2 dyed
distillate across State boundaries or among local marketing
areas.
(15) State.--The term ``State'' means the several States,
except the State of Alaska.
SEC. 704. REFERENDA.
(a) Creation of Program.--
(1) In general.--The oilheat industry, through the
qualified industry organization, may conduct, at its own
expense, a referendum among retail marketers and wholesale
distributors for the establishment of a national oilheat
research alliance.
(2) Reimbursement of cost.--The Alliance, if established,
shall reimburse the qualified industry organization for the
cost of accounting and documentation for the referendum
(3) Conduct.--A referendum under paragraph (1) shall be
conducted by an independent auditing firm.
(4) Voting rights.--
(A) Retail marketers.--Voting rights of retail marketers in
a referendum under paragraph (1) shall be based on the volume
of oilheat sold in a State by each retail marketer in the
calendar year previous to the year in which the referendum is
conducted or in another representative period.
(B) Wholesale distributors.--Voting rights of wholesale
distributors in a referendum under paragraph (1) shall be
based on the volume of No. 1 distillate and No. 2 dyed
distillate sold in a State by each wholesale distributor in
the calendar year previous to the year in which the
referendum is conducted or in another representative period,
weighted by the ratio of the total volume of No. 1 distillate
and No. 2 dyed distillate sold for nonindustrial commercial
and residential space and hot water heating in the State to
the total volume of No. 1 distillate and No. 2 dyed
distillate sold in that State.
(5) Establishment by approval of two-thirds.--
(A) In general.--Subject to subparagraph (B), on approval
of persons representing two-thirds of the total volume of
oilheat voted in the retail marketer class and two-thirds of
the total weighted volume of No. 1 distillate and No. 2
dyed distillate voted in the wholesale distributor class,
the Alliance shall be established and shall be authorized
to levy assessments under section 107.
(B) Requirement of majority of retail marketers.--Except as
provided in subsection (b), the oilheat industry in a State
shall not participate in the Alliance if less than 50 percent
of the retail marketer vote in the State approves
establishment of the Alliance.
(6) Certification of volumes.--Each person voting in the
referendum shall certify to the independent auditing firm the
volume of oilheat, No. 1 distillate, or No. 2 dyed distillate
represented by the vote of the person.
(7) Notification.--Not later than 90 days after the date of
enactment of this title, a qualified State association may
notify the qualified industry organization in writing that a
referendum under paragraph (1) will not be conducted in the
State.
(b) Subsequent State Participation.--The oilheat industry
in a State that has not participated initially in the
Alliance may subsequently elect to participate by conducting
a referendum under subsection (a).
(c) Termination or Suspension.--
(1) In general.--On the initiative of the Alliance or on
petition to the Alliance by retail marketers and wholesale
distributors representing 25 percent of the volume of oilheat
or weighted No. 1 distillate and No. 2 dyed distillate in
each class, the Alliance shall, at its own expense, hold a
referendum, to be conducted by an independent auditing firm
selected by the Alliance, to determine whether the oilheat
industry favors termination or suspension of the Alliance.
(2) Volume percentages required to terminate or suspend.--
Termination or suspension shall not take effect unless
termination or suspension is approved by persons representing
more than one-half of the total volume of oilheat voted in
the retail marketer class or more than one-half of the total
volume of weighted No. 1 distillate and No. 2 dyed distillate
voted in the wholesale distributor class.
(3) Termination by a state.--A state may elect to terminate
participation by notifying the Alliance that 50 percent of
the oilheat volume in the state has voted in a referendum to
withdraw.
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(d) Calculation of Oilheat Sales.--For the purposes of this
section and section 105, the volume of oilheat sold annually
in a State shall be determined on the basis of information
provided by the Energy Information Administration with
respect to a calendar year or other representative period.
SEC. 705. MEMBERSHIP.
(a) Selection.--
(1) In general.--Except as provided in subsection
(c)(1)(C), the qualified industry organization shall select
members of the Alliance representing the oilheat industry in
a State from a list of nominees submitted by the qualified
State association in the State.
(2) Vacancies.--A vacancy in the Alliance shall be filled
in the same manner as the original selection.
(b) Representation.--In selecting members of the Alliance,
the qualified industry organization shall make best efforts
to select members that are representative of the oilheat
industry, including representation of--
(1) interstate and intrastate operators among retail
marketers;
(2) wholesale distributors on No. 1 distillate and No. 2
dyed distillate;
(3) large and small companies among wholesale distributors
and retail marketers; and
(4) diverse geographic regions of the country.
(c) Number of Members.--
(1) In general.--The membership of the Alliance shall be as
follows:
(A) One member representing each State with oilheat sales
in excess of 32,000,000 gallons per year.
(B) If fewer than 24 States are represented under
subparagraph (A), 1 member representing each of the States
with the highest volume of annual oilheat sales, as necessary
to cause the total number of States represented under
subparagraph (A) and this subparagraph to equal 24.
(C) 5 representatives of retail marketers, 1 each to be
selected by the qualified State associations of the 5 States
with the highest volume of annual oilheat sales.
(D) 5 additional representatives of retail marketers.
(E) 21 representatives of wholesale distributors.
(F) 6 public members, who shall be representatives of
significant users of oilheat, the oilheat research community,
State energy officials, or other groups knowledgeable about
oilheat.
(2) Full-time owners or employees.--Other than the public
members, Alliance members shall be full-time owners or
employees of members of the oilheat industry, except that
members described in subparagraphs (C), (D), and (E) of
paragraph (1) may be employees of the qualified industry
organization or an industry trade association.
(d) Compensation.--Alliance members shall receive no
compensation for their service, nor shall Alliance members be
reimbursed for expenses relating to their service, except
that public members, on request, may be reimbursed for
reasonable expenses directly related to participation in
meetings of the Alliance.
(e) Terms.--
(1) In general.--Subject to paragraph (4), a member of the
Alliance shall serve a term of 3 years, except that a member
filling an unexpired term may serve a total of 7 consecutive
years.
(2) Term limit.--A member may serve not more than 2 full
consecutive terms.
(3) Former members.--A former member of the Alliance may be
returned to the Alliance if the member has not been a member
for a period of 2 years.
(4) Initial appointments.--Initial appointments to the
Alliance shall be for terms of 1, 2, and 3 years, as
determined by the qualified industry organization, staggered
to provide for the subsequent selection of one-third of the
members each year.
SEC. 706. FUNCTIONS.
(a) In General.--
(1) Programs, projects; contracts and other agreements.--
The Alliance--
(A) shall develop programs and projects and enter into
contracts or other agreements with other persons and entities
for implementing this title, including programs--
(i) to enhance consumer and employee safety and training;
(ii) to provide for research, development, and
demonstration of clean and efficient oilheat utilization
equipment; and
(iii) for consumer education; and
(B) may provide for the payment of the costs of carrying
out subparagraph (A) with assessments collected under section
707.
(2) Coordination.--The Alliance shall coordinate its
activities with industry trade associations and other persons
as appropriate to provide efficient delivery of services and
to avoid unnecessary duplication of activities.
(3) Activities.--
(A) Exclusions.--Activities under clause (i) or (ii) of
paragraph (1)(A) shall not include advertising, promotions,
or consumer surveys in support of advertising or promotions.
(B) Research, development, and demonstration activities.--
(i) In general.--Research, development, and demonstration
activities under paragraph (1)(A)(ii) shall include--
(I) all activities incidental to research, development, and
demonstration of clean and efficient oilheat utilization
equipment; and
(II) the obtaining of patents, including payments of
attorney's fees for making and perfecting a patent
application.
(ii) Excluded activities.--Research, development, and
demonstration activities under paragraph (1)(A)(ii) sha
Amendments:
Cosponsors:
