[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2146 Engrossed Amendment House (EAH)]

                In the House of Representatives, U. S.,

                                                         June 12, 2008.
    Resolved, That the bill from the Senate (S. 2146) entitled ``An Act 
to authorize the Administrator of the Environmental Protection Agency 
to accept, as part of a settlement, diesel emission reduction 
Supplemental Environmental Projects, and for other purposes'', do pass 
with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. EPA AUTHORITY TO ACCEPT DIESEL EMISSIONS REDUCTION 
              SUPPLEMENTAL ENVIRONMENTAL PROJECTS.

    The Administrator of the Environmental Protection Agency 
(hereinafter, the ``Agency'') may accept (notwithstanding sections 3302 
and 1301 of title 31, United States Code) diesel emissions reduction 
Supplemental Environmental Projects if the projects, as part of a 
settlement of any alleged violations of environmental law--
            (1) protect human health or the environment;
            (2) are related to the underlying alleged violations;
            (3) do not constitute activities that the defendant would 
        otherwise be legally required to perform; and
            (4) do not provide funds for the staff of the Agency or for 
        contractors to carry out the Agency's internal operations.

SEC. 2. SETTLEMENT AGREEMENT PROVISIONS.

    In any settlement agreement regarding alleged violations of 
environmental law in which a defendant agrees to perform a diesel 
emissions reduction Supplemental Environmental Project, the 
Administrator of the Environmental Protection Agency shall require the 
defendant to include in the settlement documents a certification under 
penalty of law that the defendant would have agreed to perform a 
comparably valued, alternative project other than a diesel emissions 
reduction Supplemental Environmental Project if the Administrator were 
precluded by law from accepting a diesel emission reduction 
Supplemental Environmental Project. A failure by the Administrator to 
include this language in such a settlement agreement shall not create a 
cause of action against the United States under the Clean Air Act or 
any other law or create a basis for overturning a settlement agreement 
entered into by the United States.

SEC. 3. INCLUSION OF THE DISTRICT OF COLUMBIA IN CERTAIN STATE AND 
              LOCAL GRANT PROGRAMS FOR DIESEL EMISSION REDUCTIONS.

    (a) In General.--Section 791 of the Energy Policy Act of 2005 (42 
U.S.C. 16131) is amended by adding at the end thereof the following:
            ``(9) Definition of state.--The term `State' includes the 
        District of Columbia.''.
    (b) Conforming Amendments.--(1) Section 793(d)(2) of such Act (42 
U.S.C. 16133(d)(2)) is amended by striking ``Governor'' and inserting 
``chief executive''.
    (2) Subparagraphs (A) and (B) of section 793(c)(2) of such Act are 
each amended by striking ``50'' and inserting ``51'' and by striking 
``2 percent'' and inserting ``1.96 percent'' in each place such terms 
appear.

            Attest:

                                                                 Clerk.
110th CONGRESS

  2d Session

                                S. 2146

_______________________________________________________________________

                               AMENDMENT