[Congressional Record Volume 148, Number 40 (Friday, April 12, 2002)]
[Senate]
[Pages S2633-S2634]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3124. Mr. FITZGERALD (for himself, Mr. Corzine, Mr. Jeffords, and 
Mr. Chafee) submitted an amendment intended to be proposed to amendment 
SA 2917 proposed by Mr. Daschle (for himself and Mr. Bingaman) to the 
bill (S. 517) to authorize funding the Department of Energy to enhance 
its mission areas through technology transfer and partnerships for 
fiscal years 2002 through 2006, and for other purposes; which was 
ordered to lie on the table; as follows;

       On page 81, between lines 2 and 3, insert the following:

     SEC. 2  .DEFINITIONS OF BIOMASS AND RENEWABLE ENERGY FOR THE 
                   PURPOSES OF THE FEDERAL PURCHASE REQUIREMENT 
                   AND THE FEDERAL RENEWABLE PORTFOLIO STANDARD.

       (a) Federal Purchase Requirement.--
       (1) Biomass.--In section 263, the term ``biomass'' does not 
     include municipal solid waste.
       (2) Renewable Energy.--Notwithstanding anything to the 
     contrary in subsection (a)(2) of section 263, for purposes of 
     that section, the term ``renewable energy'' does not include 
     municipal solid waste.
       (b) Federal Renewable Portfolio Standard.--
       (1) Biomass.--Notwithstanding anything to the contrary in 
     subsection (l)(1) of section 606 of the Public Utility 
     Regulatory Policies Act of 1978 (as added by section 265), 
     for the purposes of that section, the term ``biomass'' does 
     not include municipal solid waste.
       (2) Renewable Energy Resource.--Notwithstanding anything to 
     the contrary in subsection (l)(10) of section 606 of the 
     Public Utility Regulatory Policies Act of 1978 (as added by 
     section 265), for the purposes of that section, the term 
     ``renewable energy resource'' does not incluce municipal 
     solid waste.
                                  ____

  SA 3125. Mr. BAUCUS submitted an amendment intended to be proposed to 
amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. 
Bingaman) to the bill (S. 517) to authorize funding the Department of 
Energy to enhance its mission areas through technology transfer and 
partnerships for fiscal years 2002 through 2006, and for other 
purposes, which was ordered to lie on the table; as follows:

       At the appropriate place, add the following:

     SEC.   . ENHANCED DOMESTIC PRODUCTION OF OIL AND GAS THROUGH 
                   EXCHANGE OF NONPRODUCING LEASES.

       (a) Definitions.--For purpose of this section:
       (1) the term ``Badger-Two Medicine Area'' means federal 
     lands, owned by the United States Forest Service, located in: 
     T 31 N, R 12-13 W; T 30 N, R 11-13 W; T 29 N, R 10-16 W; and, 
     T 28 N, R 10-14 W.
       (2) the term ``Blackleaf Area'' means federal lands, owned 
     by the United States Forest Service lands and Bureau of Land 
     Management, located in: T 27 N, R 9 W; T 26 N, R 9-10 W, T 25 
     N, R 8-10 W, T 24 N, R 8-9 W.
       (3) the term ``nonproducing leases'' means authorized 
     Federal oil and gas leases that are in existence and in good 
     standing as of the date of enactment of this Act and are 
     located in the Badger-Two Medicine Area or the Blackleaf 
     Area.
       (4) the term ``Secretary'' means the Secretary of the 
     Interior.
       (b) Evaluation.--The Secretary is directed to undertake an 
     evaluation of opportunities to enhance domestic production 
     through the exchange of the nonproducing leases in the 
     Badger-Two Medicine Area and the Blackleaf Area. In 
     undertaking the evaluation, the Secretary shall consult with 
     the Governor of Montana, the lessees holding the nonproducing 
     leases, and interested members of the public. The evaluation 
     shall include--
       (1) A discussion of opportunities to enhance domestic 
     production of oil and gas through an exchange of the 
     nonproducing leases for oil and gas lease tracts of 
     comparable value in Montana or in the Central and Western 
     Gulf of Mexico Planning Areas on the Outer Continental Shelf;
       (2) A discussion of opportunities to enhance domestic 
     production of oil and gas through the issuance of bidding, 
     royalty, or rental credits for use on federal onshore oil and 
     gas leases in Montana or in the Central and Western Gulf of 
     Mexico Planning Areas on the Outer Continental Shelf in 
     exchange for the cancellation of the nonproducing leases;
       (3) A discussion of any other appropriate opportunities to 
     exchange the nonproducing leases or provide compensation for 
     their cancellation with the consent of the lessee.
       (4) Views of interested parties, including the written 
     views of the State of Montana;

[[Page S2634]]

       (5) A discussion of the level of interest of the holders of 
     the nonproducing lessees in the exchange of such interest;
       (6) Recommendations regarding the advisability of pursuing 
     such exchanges; and
       (7) Recommendations regarding changes in law and regulation 
     needed to enable the Secretary to undertake such an exchange.

     The Secretary shall transmit the evaluation to the Committee 
     on Energy and Natural Resources of the Senate and the 
     Committee on Resources of the House of Representatives within 
     two years after the date of enactment of this Act.
       (c) Valuation of Nonproducing Leases.--For purposes of the 
     evaluation, the value of each nonproducing lease shall be an 
     amount equal to--
       (1) consideration paid by the current lessee for each 
     nonproducing lease; plus
       (2) all direct expenditures made by the current lessee 
     prior to the date of enactment of this Act in connection with 
     the exploration or development, or both, of such lease (plus 
     interest on such consideration and such expenditures from the 
     date of payment to date of issuance of the credits); minus
       (3) the sum of the revenues from the nonproducing lease.
       (d) Suspension of Leases.--In order to allow for the 
     evaluation under this section and review by the Congress, 
     nonrproducing leases in the Badger-Two Medicine Area shall be 
     suspended for a period of three years commencing from the 
     date of enactment of this Act.
       (e) Limitation on Suspension of Leases.--The suspension 
     referred to in subsection (d) shall not apply to nonproducing 
     leases located in the Blackleaf Area.
       (f) Authorization of Appropriations.--There are hereby 
     authorized to be appropriated such sums as may be necessary 
     to carry out the purposes of this section.

                          ____________________