[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1457 Introduced in Senate (IS)]
106th CONGRESS
1st Session
S. 1457
To amend the Energy Policy Act of 1992 to assess opportunities to
increase carbon storage on national forests derived from the public
domain and to facilitate voluntary and accurate reporting of forest
projects that reduce atmospheric carbon dioxide concentrations, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 29, 1999
Mr. Wyden (for himself and Mr. Craig) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To amend the Energy Policy Act of 1992 to assess opportunities to
increase carbon storage on national forests derived from the public
domain and to facilitate voluntary and accurate reporting of forest
projects that reduce atmospheric carbon dioxide concentrations, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Forest Resources for the Environment
and the Economy Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the Federal Government should increase the forest
carbon storage on public land while pursuing existing statutory
objectives;
(2) insufficient information exists on the opportunities to
increase carbon storage on public land through improvements in
forest land management;
(3) important environmental benefits to national forests
can be achieved through cooperative forest projects that
enhance fish and wildlife habitats, water, and other resources
on public or private land located in national forest
watersheds;
(4) forest projects also provide economic benefits,
including--
(A) employment and income that contribute to the
sustainability of rural communities; and
(B) ensuring future supplies of forest products;
(5) monitoring and verification of forest carbon storage
provides an important opportunity to create employment in rural
communities and substantiate improvements in natural habitats
or watersheds due to forestry activities; and
(6) sustainable production of biomass energy feedstocks
provides a renewable source of energy that can reduce carbon
dioxide emissions and improve the energy security of the United
States by diversifying energy fuels.
(b) Purpose.--The purpose of this Act is to promote sustainable
forestry in the United States by--
(1) increasing forest carbon sequestration in the United
States;
(2) improving the health of national forests;
(3) enhancing wildlife and fish habitats;
(4) improving water quality;
(5) providing employment and income to rural communities;
(6) providing new sources of forest products; and
(7) increasing use of renewable biomass energy and
improving the energy security of the United States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Forestry carbon activity.--The term ``forestry carbon
activity'' means a forest management action that--
(A) increases long-term carbon storage; and
(B) has a positive impact on watersheds, fish
habitats, and wildlife diversity.
(2) Forest carbon reservoir.--The term ``forest carbon
reservoir'' means trees, roots, soils, or other biomass
associated with forest ecosystems or products from the biomass
that store carbon.
(3) Forest carbon storage.--The term ``forest carbon
storage'' means the quantity of carbon sequestered from the
atmosphere and stored in forest carbon reservoirs, including
forest products.
(4) Forest land.--
(A) In general.--The term ``forest land'' means
land that is, or has been, at least 10 percent stocked
by forest trees of any size.
(B) Inclusions.--The term ``forest land''
includes--
(i) land that had such forest cover and
that will be naturally or artificially
regenerated; and
(ii) a transition zone between a forested
and nonforested area that is capable of
sustaining forest cover.
(5) Forest management action.--
(A) In general.--The term ``forest management
action'' means the practical application of forestry
principles to the regeneration, management, utilization, and
conservation of forests to meet specific goals and objectives, while
maintaining the productivity of the forests.
(B) Inclusions.--The term ``forest management
action'' includes management of forests for aesthetics,
fish, recreation, urban values, water, wilderness,
wildlife, wood products, and other forest values.
(6) National forest watershed.--The term ``national forest
watershed'' means a watershed--
(A) that contains national forest land;
(B) that consequently has unique interest to
Federal land managers; and
(C) in which all landowners, including the Federal
Government, share interest and influence in the
management and health of the watershed.
(7) Reforestation.--
(A) In general.--The term ``reforestation'' means
the reestablishment of forest cover naturally or
artificially.
(B) Inclusions.--The term ``reforestation''
includes--
(i) planned replanting;
(ii) reseeding; and
(iii) managed natural regeneration.
(8) Revolving loan fund.--The term ``revolving loan fund''
means a State revolving loan fund established under section 5.
(9) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(10) Sequestration.--The term ``sequestration'' means the
action of vegetable matter in--
(A) extracting carbon dioxide from the atmosphere
through photosynthesis;
(B) converting the carbon dioxide to carbon; and
(C) storing the carbon in the form of roots, stems,
soil, or foliage.
SEC. 4. CARBON MANAGEMENT ON FEDERAL LAND; CARBON MONITORING AND
VERIFICATION GUIDELINES.
(a) Definitions.--Title XVI of the Energy Policy Act of 1992 is
amended by inserting before section 1601 (42 U.S.C. 13381) the
following:
``SEC. 1600. DEFINITIONS.
``In this title:
``(1) Forest carbon storage.--The term `forest carbon
storage' means the quantity of carbon sequestered from the
atmosphere and stored in forest carbon reservoirs, including
forest products.
``(2) Carbon storage program.--The term `carbon storage
program' means the program established by the Secretary of
Agriculture under section 5 of the Forest Resources for the
Environment and the Economy Act, to provide assistance through
State revolving loan funds.
``(3) Forest carbon reservoir.--The term `forest carbon
reservoir' means trees, roots, soils, or other biomass
associated with forest ecosystems or products from the biomass
that store carbon.
``(4) Forest management action.--
``(A) In general.--The term `forest management
action' means the practical application of forestry
principles to the regeneration, management,
utilization, and conservation of forests to meet
specific goals and objectives, while maintaining the
productivity of the forests.
``(B) Inclusions.--The term `forest management
action' includes management of forests for aesthetics,
fish, recreation, urban values, water, wilderness,
wildlife, wood products, and other forest values.
``(5) Sequestration.--The term `sequestration' means the
action of vegetable matter in--
``(A) extracting carbon dioxide from the atmosphere
through photosynthesis;
``(B) converting the carbon dioxide to carbon; and
``(C) storing the carbon in the form of roots,
stems, soil, or foliage.''.
(b) Carbon Management on Federal Land.--Section 1604 of the Energy
Policy Act of 1992 (42 U.S.C. 13384) is amended--
(1) by inserting ``(a) Report.--'' before ``Not''; and
(2) by adding at the end the following:
``(b) Carbon Management on Federal Land.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, after consultation with
appropriate Federal agencies, the Secretary of Agriculture
shall report to Congress on--
``(A) the quantity of carbon contained in the
forest carbon reservoir on national forests derived
from the public domain, and the methodology and
assumptions used to ascertain that quantity;
``(B) the potential to increase that quantity and
provide positive impacts on watersheds and fish and
wildlife habitats through forest management actions;
and
``(C) the role of forests in the carbon cycle and
the contributions of forestry to the global carbon
budget.
``(2) Contents.--The report shall also include an
assessment of any impacts of the forest management actions
identified under paragraph (1)(B) on timber harvests, wildlife
habitat, recreation, forest health, and other statutory
objectives of national forest management on a watershed
basis.''.
(c) Monitoring and Verification of Carbon Storage.--Section 1605(b)
of the Energy Policy Act of 1992 (42 U.S.C. 13385(b)) is amended by
adding at the end the following:
``(5) Guidelines on reporting, monitoring, and verification
of carbon storage from forest management actions.--
``(A) In general.--Not later than 18 months after
the date of enactment of this paragraph, the Secretary
of Agriculture shall--
``(i) review the guidelines established
under paragraph (1) that address procedures for
the accurate voluntary reporting of greenhouse
gas sequestration from forest management
actions; and
``(ii) make recommendations to the
Secretary of Energy for amendment of the
guidelines.
``(B) Carbon and forestry advisory council.--
``(i) Establishment.--The Secretary of
Agriculture shall establish a Carbon and
Forestry Advisory Council for the purpose of--
``(I) advising the Department of
Agriculture in the development of
guidelines for accurate voluntary
reporting of greenhouse gas
sequestration from forest management
actions;
``(II) evaluating the potential
implementation of the guidelines;
``(III) estimating the effect of
proposed implementation on atmospheric
carbon mitigation;
``(IV) reviewing and updating the
guidelines;
``(V) assisting the Secretary of
Agriculture in reporting annually to
Congress on the results of the carbon
storage program; and
``(VI) assisting the Secretary of
Agriculture in assessing the
vulnerability of forests to climate
change.
``(ii) Membership.--The Advisory Council
shall be composed of the following 18 members
with interest and expertise in carbon
sequestration and forestry management,
appointed by the Secretary:
``(I) 1 member representing
national professional forestry
organizations.
``(II) 2 members representing
environmental or conservation
organizations.
``(III) 1 member representing
nonindustrial, private landowners.
``(IV) 1 member representing forest
industry.
``(V) 1 member representing
forestry trade associations.
``(VI) 1 member representing forest
laborers.
``(VII) 3 members representing the
academic scientific community.
``(VIII) 2 members representing
State forestry organizations.
``(IX) 1 member representing the
Department of Energy.
``(X) 1 member representing the
Environmental Protection Agency.
``(XI) 1 member representing the
Department of Agriculture.
``(XII) 1 member representing the
Department of the Interior.
``(XIII) 1 member representing the
National Aeronautics and Space
Administration.
``(XIV) 1 member representing the
National Oceanic and Atmospheric
Administration.
``(iii) Terms.--
``(I) In general.--Except as
provided in subclause (III), a member
of the Advisory Council shall be
appointed for a term of 3 years.
``(II) Consecutive terms.--No
individual may serve on the Advisory
Council for more than 2 consecutive
terms.
``(III) Initial terms.--Of the
members first appointed to the Advisory
Council--
``(aa) 1 member appointed
under each of subclauses (II),
(VI), (VII), (VIII), (X), and
(XIII) of clause (ii) shall
serve an initial term of 1
year; and
``(bb) 1 member appointed
under each of subclauses (I),
(IV), (VII), (IX), (XI), and
(XIV) shall serve an initial
term of 2 years.
``(iv) Vacancy.--A vacancy on the Advisory
Council shall be filled in the manner in which
the original appointment was made.
``(v) Continuation.--Any member appointed
to fill a vacancy occurring before the
expiration of the term shall be appointed only
for the remainder of the term.
``(vi) Compensation.--
``(I) In general.--Except as
provided in subclause (II), a member of
the Advisory Council shall serve
without compensation, but may be
reimbursed for reasonable costs
incurred while in the actual
performance of duties vested in the
Advisory Council.
``(II) Federal officers and
employees.--A member of the Advisory
Council who is a full-time officer or
employee of the United States shall
receive no additional compensation or
allowances because of the service of
the member on the Advisory Council.
``(III) Support.--The Secretary of
Agriculture shall provide financial and
administrative support for the Advisory
Council.
``(C) Public comment.--The Secretary of Agriculture
shall provide an opportunity for public comment on the
guidelines established under subparagraph (A) that
address procedures for the accurate voluntary reporting
of greenhouse gas sequestration from forest management
actions.
``(D) Criteria.--
``(i) In general.--The recommendations
described in subparagraph (A)(ii) shall include
reporting guidelines that--
``(I) are based on--
``(aa) measuring increases
in carbon storage in excess of
the carbon storage that would
have occurred in the absence of
the reforestation, forest
management, forest protection,
or other forest management
actions; and
``(bb) comprehensive carbon
accounting that reflects net
increases in the carbon
reservoir and takes into
account any carbon emissions
resulting from disturbance of
carbon reservoirs existing at
the start of a forest
management action;
``(II) include options for--
``(aa) estimating the
indirect effects of forest
management actions on carbon
storage, including possible
emissions of carbon that may
result elsewhere as a result of
the project's impact on timber
supplies or possible
displacement of carbon
emissions to other lands owned
by the reporting party; and
``(bb) quantifying the
expected carbon storage over
various time periods, taking
into account the likely
duration of carbon stored in
the carbon reservoir.
``(ii) Accurate monitoring, measurement,
and verification.--
``(I) In general.--The
recommendations described in
subparagraph (A)(ii) shall include
recommended practices for monitoring,
measurement, and verification of carbon
storage from forest management actions.
``(II) Requirements.--The
recommended practices shall, to the
maximum extent practicable--
``(aa) be based on
statistically sound sampling
strategies that build on
knowledge of the carbon
dynamics of forests and
agricultural land;
(bb) include cost-effective
combinations of inexpensive
measurements of field
conditions with modeling to
compute carbon stocks and
changes in stocks;
``(cc) include guidance on
how to sample and calculate
carbon sequestration across
multiple participating
ownerships; and
``(dd) not prevent use of
more precise measurements, if
desired by a reporting entity.
``(E) State carbon storage programs.--The
recommendations described in subparagraph (A)(ii) shall
include guidelines to States for reporting, monitoring,
and verifying carbon storage under the carbon storage
program.
``(F) Biomass energy projects.--The recommendations
described in subparagraph (A)(ii) shall include
guidelines for calculating net greenhouse gas
reductions from biomass energy projects, including--
``(i) net changes in carbon storage
resulting from changes in land use; and
``(ii) the effect that using biomass to
generate electricity (including cofiring of
biomass with fossil fuels) has on the
displacement of greenhouse gas emissions from
fossil fuels.
``(G) Amendment of guidelines.--Not later than 180
days after receiving the recommendations from the
Secretary of Agriculture, the Secretary of Energy,
acting through the Administrator of the Energy
Information Administration, shall revise the guidelines
established under paragraph (1) to include the
recommendations.
``(H) Review of guidelines by the advisory
council.--
``(i) Periodic review.--At least every 24
months, the Secretary of Agriculture shall--
``(I) convene the Advisory Council
to evaluate the latest scientific and
observational information on reporting,
monitoring, and verification of carbon
storage from forest management actions;
and
``(II) issue revised guidelines for
reporting, monitoring, and verification
of carbon storage from forest
management actions as necessary.
``(ii) Consistency with future laws.--The
Secretary of Agriculture shall convene the
Advisory Council as necessary to ensure that
the guidelines for reporting, monitoring, and
verification of carbon storage from forest
management actions are revised to be consistent
with any Federal laws enacted after the date of
enactment of this Act that provide recognition,
credit, or reward for reductions of atmospheric
greenhouse gas concentrations resulting from
forest management actions.
``(6) Monitoring of carbon storage programs by
participating states.--
``(A) In general.--Each State that participates in
the carbon storage program shall, in accordance with
the guidelines issued under paragraph (1), monitor and
verify carbon storage achieved under the program.
``(B) Reports.--
``(i) States.--Each State shall report
annually to the Secretary of Agriculture on the
results of the carbon storage program.
``(ii) Secretary of agriculture.--The
Secretary of Agriculture shall--
``(I) maintain a database on the
results of the carbon storage program;
and
``(II) report annually to Congress
on the results of the carbon storage
program, including an assessment of the
effectiveness of monitoring and
verification.
``(C) Reporting of carbon storage.--
``(i) In general.--For each project under
the carbon storage program funded, in whole or
in part, with funds provided by nongovernmental
organizations, businesses, or other persons, for each year in which the
carbon storage is realized from the project, the State shall submit to
the nongovernmental organizations, businesses, or other persons and the
Secretary of Agriculture a report that--
``(I) states the quantity of carbon
storage realized; and
``(II) includes the data used to
monitor and verify the carbon storage.
``(ii) Guidelines.--The carbon storage
shall be calculated, monitored, and verified
according to guidelines issued under paragraph
(5).
``(iii) Review by the secretary of
agriculture.--The Secretary of Agriculture
shall--
``(I) review each report under
clause (i) to verify compliance with
the guidelines under clause (ii);
``(II) if the report is in
compliance, certify that the report is
in compliance, notify the State,
participating nongovernmental
organizations, businesses, or other
persons, and submit a copy of the
certified report to the Secretary of
Energy; and
``(III) if the report is not in
compliance, notify the State and the
participating nongovernmental
organizations, businesses, or other
persons of any corrections that are
needed for certification, and establish
an opportunity for resubmittal by the
State.
``(iv) Inclusion in data base.--The
Secretary, acting through the Administrator of
the Energy Information Administration, shall--
``(I) include the reports under
clause (i) in the data base maintained
under subsection (b)(4); and
``(II) establish a reporting
process to ensure the avoidance of
double counting of carbon storage from
forestry activities.''.
SEC. 5. CARBON STORAGE AND WATERSHED RESTORATION PROGRAM.
(a) National Forest Watershed Restoration Cooperative Agreements.--
The Secretary may enter into cooperative agreements with willing State
and local governments, Indian tribes, private and nonprofit entities,
and landowners for protection, restoration, and enhancement of fish and
wildlife habitat and other resources on public land, Indian land, or
private land in a national forest watershed.
(b) Revolving Loan Funds.--
(1) In general.--In collaboration with State Foresters and
nongovernmental organizations, the Secretary shall establish a
program to provide assistance through State revolving loan
funds to Indian tribes and owners of nonindustrial private
forest land to undertake forestry carbon activities.
(2) Eligibility.--
(A) Private forest landowners.--An owner of private
forest land shall be eligible for assistance from a
revolving loan fund if the owner owns not more than
5,000 acres of nonindustrial private forest land.
(B) Indian tribes.--Any Indian Tribe shall be
eligible for assistance from a revolving loan fund.
(3) Forestry carbon activities.--
(A) Objectives of forestry carbon activities.--
Eligible forestry carbon activities shall be activities
that, when evaluated in their entirety for a
watershed--
(i) increase long-term carbon storage or
provide new sources of biomass feedstocks for
renewable energy generation; and
(ii) have a positive impact on watersheds,
fish habitats, and wildlife diversity.
(B) Guidance.--The Secretary, in collaboration with
States, shall provide guidance on eligible forestry
carbon activities based on the criteria of this Act,
recognizing that States should have maximum flexibility
to achieve the purposes of this Act in ways most
appropriate for each State.
(C) Activities required under other law.--Funding
shall not be provided under this section for activities
required under other applicable Federal, State, or
local laws.
(D) Preagreement activities.--Funding shall not be
provided for costs incurred before entering into a loan
agreement with the State under this Act.
(E) Limitation on land considered for funding.--
States shall not enter into new loan agreements under
this Act to fund reforestation of land that has been harvested after
the date of enactment of this Act if the landowner receives revenues
from the harvest sufficient to reforest the land.
(F) Native species.--Funding of reforestation
activities shall be provided only for a species that is
native to a region, with preference given to species
that formerly occupied the land.
(G) Sustainable forest management plan.--States
shall give priority to projects on land under a
sustainable forestry management program or forest
stewardship plan, if the projects are consistent with
the program or plan.
(H) Cooperative agreements.--Cooperative agreements
entered into under this section shall be eligible for
loan funds.
(4) Use of loan funds.--The proceeds of a loan under the
program--
(A) may be used to pay--
(i) the cost of purchasing and planting
tree seedlings; and
(ii) other costs, including consultant and
contractor fees, associated with planning, site
preparation, tree planting, forest management,
and other forest management actions; and
(B) may not be used to--
(i) pay the owner for the owner's own
labor; or
(ii) purchase capital items or expendable
items, such as vehicles, tools, and other
equipment.
(5) Loan amount.--The amount of a loan made from a
revolving loan fund shall not exceed--
(A) 100 percent of total project costs, whether
they constitute the only funding source or are used in
combination with any other funds received from any
other source; or
(B) $100,000 during any 2-year period.
(6) Loan terms.--A loan agreement under the program shall--
(A) require that all loan obligations be repaid to
the State with interest at a rate of at least 5 percent
per annum--
(i) at the time of harvest of land covered
by the program; or
(ii) in accordance with any other repayment
schedule determined by the State;
(B) include provisions that provide for private
insurance or that otherwise release the owner from the
financial obligation for any portion of the timber,
forest products, or other biomass that--
(i) is lost to insects, disease, fire,
storm, flood, or other natural destruction
through no fault of the owner; or
(ii) cannot be harvested because of
restrictions on tree harvesting imposed by the
Federal, State, or local government after the
date of the agreement;
(C) impose a lien on all timber, forest products,
and biomass grown on land covered by the loan, with an
assurance that the terms of the lien shall transfer
with the land on sale, lease, or transfer of the land;
(D) include a buyout option that--
(i) specifies financial terms allowing the
owner to terminate the agreement before
harvesting timber from the stand established
with loan funds; and
(ii) repays the loan with interest;
(E) recognize that, until the loan is paid in full
by the participating landowner or otherwise terminated
in accordance with this Act, all reductions in
atmospheric greenhouse gases achieved by the project
funded by the loan are attributable to the non-Federal
entities that provide funding for a loan (including the
State or any other person, company, or nongovernmental
organization that provides funding to the State for
purposes of issuing the loan); and
(F) include provisions for the monitoring and
verification of carbon storage.
(7) Cancellation of loan terms for permanent
conservation.--
(A) In general.--The State shall cancel the loan
agreement under paragraph (6) and any liens on the
timber, forest products, and biomass under paragraph
(6)(C) if the borrower donates to the State or another
appropriate entity a permanent conservation easement
that--
(i) furthers the purposes of this Act,
including managing the land in a manner that
maximizes the forest carbon reservoir of the
land; and
(ii) permanently protects the covered
private forest land and resources at a level
above what is required under applicable
Federal, State, and local law.
(B) Continuation of forest management actions.--The
conservation easement may allow the continuation of
forest management actions that increase carbon storage
on the land and forest or otherwise further the
purposes of this Act.
(C) Tax treatment.--Only the value of the
conservation easement in excess of the amount owed
under the repayment terms of a land agreement shall be
tax deductible to the extent allowed under applicable
Federal, State, or local law.
(8) Reinvestment of funds.--All funds collected under a
loan issued under this Act (including loan repayments, loan
buyouts, and any interest payments) shall be reinvested by the
State in the program and used by the State to make additional
loans under the program in accordance with this subsection.
(9) Records.--The State Forester shall--
(A) maintain all records related to any loan
agreement funded from a revolving loan fund; and
(B) make the records available to the public.
(10) Allocation of funds.--
(A) In general.--The Secretary shall allocate funds
available for loans to a State after determining that
the State has implemented a system to administer the
loans in accordance with this Act.
(B) Matching funds.--
(i) In general.--Effective beginning in the
second year of the participation of a State in
the program under this section, to be eligible
to participate in the program, the
participating State shall provide matching
funds equal to at least 25 percent of the
Federal funds made available to the State for
the program.
(ii) Form.--The State may provide the
matching funds in the form of in-kind
administrative services, technical assistance,
and procedures to ensure accountability for the
use of Federal funds.
(C) Formula.--
(i) In general.--Not later than 180 days
after the date of enactment of this Act, in
consultation with State Foresters, the
Secretary shall--
(I) establish a formula under
which, subject to clause (ii), Federal
funds shall be distributed under this
section among eligible States; and
(II) report the formula and
methodology to Congress.
(ii) Basis.--The formula shall--
(I) be based on maximizing the
potential for meeting the objectives of
this Act;
(II) give appropriate consideration
to--
(aa) the acreage of
unstocked or underproducing
private forest land in each
State within national forest
watersheds;
(bb) the potential
productivity of such land;
(cc) the potential long-
term carbon storage of such
land;
(dd) the potential to
achieve other environmental
benefits, such as restoration
of native forest communities in
riparian areas;
(ee) the number of owners
eligible for loans under this
section in each State; and
(ff) the need for
reforestation, timber stand
improvement, or other forestry
investments consistent with the
objectives of this Act; and
(III) give priority to States that
have experienced or are expected to
experience significant declines in
employment levels in the forestry
industries due to declining timber
harvests on Federal land.
(11) Private funding.--A revolving loan fund may accept and
distribute as loans any funds provided by nongovernmental
organizations, businesses, or persons in support of the
purposes of this Act.
(12) Bonneville power administration.--
(A) In general.--The States of Washington, Oregon,
Idaho, and Montana may apply for funding from the
Bonneville Power Administration for purposes of funding
loans that meet both the objectives of this Act and the
fish and wildlife objectives of the Bonneville Power
Administration under the Pacific Northwest Electric
Power and Conservation Act (16 U.S.C. 839 et seq.).
(B) Application of requirements under other law.--
An application under subparagraph (A) shall be subject
to all rules and procedures established by the Pacific
Northwest Electric Power and Conservation Planning
Council and the Bonneville Power Administration under
the Pacific Northwest Electric Power and Conservation
Act (16 U.S.C. 839 et seq.).
(13) Authorization of appropriations.--There is authorized
to be appropriated to carry out the revolving loan program
under this section for each of fiscal years 2001 through 2010,
respectively, an amount equal to the amount of civil penalties
collected under section 113 of the Clean Air Act (42 U.S.C.
7413) and under section 309(d) of the Federal Water Pollution
Control Act (33 U.S.C. 1319(d)) in the second preceding fiscal
year.
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