[Congressional Record Volume 148, Number 43 (Wednesday, April 17, 2002)]
[Senate]
[Pages S2851-S2856]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3135. Mr. CARPER (for himself, Ms. Collins, Mr. Levin, and Ms. 
Landrieu) 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:

       Beginning on page 47, strike line 23 and all that follows 
     through page 48, line 4, and insert the following:
       ``(m) Termination of Mandatory Purchase and Sale 
     Requirements.--
       ``(1) Obligation to purchase.-- After the date of enactment 
     of this subsection, no electric utility shall be required to 
     enter into a new contract or obligation to purchase electric 
     energy from a qualifying cogeneration facility or a 
     qualifying small power production facility under this section 
     if the Commission finds that the qualifying cogeneration 
     facility or qualifying small power production facility has 
     access to an independently administered, auction-based day 
     ahead and real time wholesale market for the sale of electric 
     energy.
       ``(2) Obligation to sell.--After the date of enactment of 
     this subsection, no electric utility shall be required to 
     enter into a new contract or obligation to sell electric 
     energy to a qualifying cogeneration facility or a qualifying 
     small power production facility under this section if 
     competing retail electric suppliers are able to provide 
     electric energy to the qualifying cogeneration facility or 
     qualifying small power production facility.
       ``(3) No effect on existing rights and remedies.--Nothing 
     in this subsection affects the rights or remedies of any 
     party under any contract or obligation, in effect on the date 
     of enactment of this subsection, to purchase electric energy 
     or capacity from or

[[Page S2852]]

     to sell electric energy or capacity to a facility under this 
     Act (including the right to recover costs of purchasing 
     electric energy or capacity).
                                  ____

  SA 3136. Mr. ROCKEFELLER submitted an amendment intended to be 
proposed to amendment SA 3103 submitted by Mr. Kennedy (for himself and 
Mr. Smith of Oregon) and intended to be proposed to the 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:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC. ____. BROADBAND INTERNET ACCESS TAX CREDIT.

       (a) In General.--Subpart E of part IV of chapter 1 
     (relating to rules for computing investment credit), as 
     amended by this Act, is amended by inserting after section 48 
     the following:

     ``SEC. 48B. BROADBAND CREDIT.

       ``(a) General Rule.--For purposes of section 46, the 
     broadband credit for any taxable year is the sum of--
       ``(1) the current generation broadband credit, plus
       ``(2) the next generation broadband credit.
       ``(b) Current Generation Broadband Credit; Next Generation 
     Broadband Credit.--For purposes of this section--
       ``(1) Current generation broadband credit.--The current 
     generation broadband credit for any taxable year is equal to 
     10 percent of the qualified expenditures incurred with 
     respect to qualified equipment providing current generation 
     broadband services to qualified subscribers and taken into 
     account with respect to such taxable year.
       ``(2) Next generation broadband credit.--The next 
     generation broadband credit for any taxable year is equal to 
     20 percent of the qualified expenditures incurred with 
     respect to qualified equipment providing next generation 
     broadband services to qualified subscribers and taken into 
     account with respect to such taxable year.
       ``(c) When Expenditures Taken Into Account.--For purposes 
     of this section--
       ``(1) In general.--Qualified expenditures with respect to 
     qualified equipment shall be taken into account with respect 
     to the first taxable year in which--
       ``(A) current generation broadband services are provided 
     through such equipment to qualified subscribers, or
       ``(B) next generation broadband services are provided 
     through such equipment to qualified subscribers.
       ``(2) Limitation.--
       ``(A) In general.--Qualified expenditures shall be taken 
     into account under paragraph (1) only with respect to 
     qualified equipment--
       ``(i) the original use of which commences with the 
     taxpayer, and
       ``(ii) which is placed in service,

     after December 31, 2002.
       ``(B) Sale-leasebacks.--For purposes of subparagraph (A), 
     if property--
       ``(i) is originally placed in service after December 31, 
     2002, by a person, and
       ``(ii) sold and leased back by such person within 3 months 
     after the date such property was originally placed in 
     service,

     such property shall be treated as originally placed in 
     service not earlier than the date on which such property is 
     used under the leaseback referred to in clause (ii).
       ``(d) Special Allocation Rules.--
       ``(1) Current generation broadband services.--For purposes 
     of determining the current generation broadband credit under 
     subsection (a)(1) with respect to qualified equipment through 
     which current generation broadband services are provided, if 
     the qualified equipment is capable of serving both qualified 
     subscribers and other subscribers, the qualified expenditures 
     shall be multiplied by a fraction--
       ``(A) the numerator of which is the sum of the number of 
     potential qualified subscribers within the rural areas and 
     the underserved areas which the equipment is capable of 
     serving with current generation broadband services, and
       ``(B) the denominator of which is the total potential 
     subscriber population of the area which the equipment is 
     capable of serving with current generation broadband 
     services.
       ``(2) Next generation broadband services.--For purposes of 
     determining the next generation broadband credit under 
     subsection (a)(2) with respect to qualified equipment through 
     which next generation broadband services are provided, if the 
     qualified equipment is capable of serving both qualified 
     subscribers and other subscribers, the qualified expenditures 
     shall be multiplied by a fraction--
       ``(A) the numerator of which is the sum of--
       ``(i) the number of potential qualified subscribers within 
     the rural areas and underserved areas, plus
       ``(ii) the number of potential qualified subscribers within 
     the area consisting only of residential subscribers not 
     described in clause (i),

     which the equipment is capable of serving with next 
     generation broadband services, and
       ``(B) the denominator of which is the total potential 
     subscriber population of the area which the equipment is 
     capable of serving with next generation broadband services.
       ``(e) Definitions.--For purposes of this section--
       ``(1) Antenna.--The term `antenna' means any device used to 
     transmit or receive signals through the electromagnetic 
     spectrum, including satellite equipment.
       ``(2) Cable operator.--The term `cable operator' has the 
     meaning given such term by section 602(5) of the 
     Communications Act of 1934 (47 U.S.C. 522(5)).
       ``(3) Commercial mobile service carrier.--The term 
     `commercial mobile service carrier' means any person 
     authorized to provide commercial mobile radio service as 
     defined in section 20.3 of title 47, Code of Federal 
     Regulations.
       ``(4) Current generation broadband service.--The term 
     `current generation broadband service' means the transmission 
     of signals at a rate of at least 1,000,000 bits per second to 
     the subscriber and at least 128,000 bits per second from the 
     subscriber.
       ``(5) Multiplexing or demultiplexing.--The term 
     `multiplexing' means the transmission of 2 or more signals 
     over a single channel, and the term `demultiplexing' means 
     the separation of 2 or more signals previously combined by 
     compatible multiplexing equipment.
       ``(6) Next generation broadband service.--The term `next 
     generation broadband service' means the transmission of 
     signals at a rate of at least 22,000,000 bits per second to 
     the subscriber and at least 5,000,000 bits per second from 
     the subscriber.
       ``(7) Nonresidential subscriber.--The term `nonresidential 
     subscriber' means a person who purchases broadband services 
     which are delivered to the permanent place of business of 
     such person.
       ``(8) Open video system operator.--The term `open video 
     system operator' means any person authorized to provide 
     service under section 653 of the Communications Act of 1934 
     (47 U.S.C. 573).
       ``(9) Other wireless carrier.--The term `other wireless 
     carrier' means any person (other than a telecommunications 
     carrier, commercial mobile service carrier, cable operator, 
     open video system operator, or satellite carrier) providing 
     current generation broadband services or next generation 
     broadband service to subscribers through the wireless 
     transmission of energy through radio or light waves.
       ``(10) Packet switching.--The term `packet switching' means 
     controlling or routing the path of a digitized transmission 
     signal which is assembled into packets or cells.
       ``(11) Provider.--The term `provider' means, with respect 
     to any qualified equipment--
       ``(A) a cable operator,
       ``(B) a commercial mobile service carrier,
       ``(C) an open video system operator,
       ``(D) a satellite carrier,
       ``(E) a telecommunications carrier, or
       ``(F) any other wireless carrier,

     providing current generation broadband services or next 
     generation broadband services to subscribers through such 
     qualified equipment.
       ``(12) Provision of services.--A provider shall be treated 
     as providing services to a subscriber if--
       ``(A) a subscriber has been passed by the provider's 
     equipment and can be connected to such equipment for a 
     standard connection fee,
       ``(B) the provider is physically able to deliver current 
     generation broadband services or next generation broadband 
     services, as applicable, to such subscribers without making 
     more than an insignificant investment with respect to any 
     such subscriber,
       ``(C) the provider has made reasonable efforts to make such 
     subscribers aware of the availability of such services,
       ``(D) such services have been purchased by one or more such 
     subscribers, and
       ``(E) such services are made available to such subscribers 
     at average prices comparable to those at which the provider 
     makes available similar services in any areas in which the 
     provider makes available such services.
       ``(13) Qualified equipment.--
       ``(A) In general.--The term `qualified equipment' means 
     equipment which provides current generation broadband 
     services or next generation broadband services--
       ``(i) at least a majority of the time during periods of 
     maximum demand to each subscriber who is utilizing such 
     services, and
       ``(ii) in a manner substantially the same as such services 
     are provided by the provider to subscribers through equipment 
     with respect to which no credit is allowed under subsection 
     (a)(1).
       ``(B) Only certain investment taken into account.--Except 
     as provided in subparagraph (C) or (D), equipment shall be 
     taken into account under subparagraph (A) only to the extent 
     it--
       ``(i) extends from the last point of switching to the 
     outside of the unit, building, dwelling, or office owned or 
     leased by a subscriber in the case of a telecommunications 
     carrier,
       ``(ii) extends from the customer side of the mobile 
     telephone switching office to a transmission/receive antenna 
     (including such antenna) owned or leased by a subscriber in 
     the case of a commercial mobile service carrier,
       ``(iii) extends from the customer side of the headend to 
     the outside of the unit, building,

[[Page S2853]]

     dwelling, or office owned or leased by a subscriber in the 
     case of a cable operator or open video system operator, or
       ``(iv) extends from a transmission/receive antenna 
     (including such antenna) which transmits and receives signals 
     to or from multiple subscribers, to a transmission/receive 
     antenna (including such antenna) on the outside of the unit, 
     building, dwelling, or office owned or leased by a subscriber 
     in the case of a satellite carrier or other wireless carrier, 
     unless such other wireless carrier is also a 
     telecommunications carrier.
       ``(C) Packet switching equipment.--Packet switching 
     equipment, regardless of location, shall be taken into 
     account under subparagraph (A) only if it is deployed in 
     connection with equipment described in subparagraph (B) and 
     is uniquely designed to perform the function of packet 
     switching for current generation broadband services or next 
     generation broadband services, but only if such packet 
     switching is the last in a series of such functions performed 
     in the transmission of a signal to a subscriber or the first 
     in a series of such functions performed in the transmission 
     of a signal from a subscriber.
       ``(D) Multiplexing and demultiplexing equipment.--
     Multiplexing and demultiplexing equipment shall be taken into 
     account under subparagraph (A) only to the extent it is 
     deployed in connection with equipment described in 
     subparagraph (B) and is uniquely designed to perform the 
     function of multiplexing and demultiplexing packets or cells 
     of data and making associated application adaptions, but only 
     if such multiplexing or demultiplexing equipment is located 
     between packet switching equipment described in subparagraph 
     (C) and the subscriber's premises.
       ``(14) Qualified expenditure.--
       ``(A) In general.--The term `qualified expenditure' means 
     any amount--
       ``(i) chargeable to capital account with respect to the 
     purchase and installation of qualified equipment (including 
     any upgrades thereto) for which depreciation is allowable 
     under section 168, and
       ``(ii) incurred after December 31, 2002, and before January 
     1, 2004.
       ``(B) Certain satellite expenditures excluded.--Such term 
     shall not include any expenditure with respect to the 
     launching of any satellite equipment.
       ``(15) Qualified subscriber.--The term `qualified 
     subscriber' means--
       ``(A) with respect to the provision of current generation 
     broadband services--
       ``(i) a nonresidential subscriber maintaining a permanent 
     place of business in a rural area or underserved area, or
       ``(ii) a residential subscriber residing in a dwelling 
     located in a rural area or underserved area which is not a 
     saturated market, and
       ``(B) with respect to the provision of next generation 
     broadband services--
       ``(i) a nonresidential subscriber maintaining a permanent 
     place of business in a rural area or underserved area, or
       ``(ii) a residential subscriber.
       ``(16) Residential subscriber.--The term `residential 
     subscriber' means an individual who purchases broadband 
     services which are delivered to such individual's dwelling.
       ``(17) Rural area.--The term `rural area' means any census 
     tract which--
       ``(A) is not within 10 miles of any incorporated or census 
     designated place containing more than 25,000 people, and
       ``(B) is not within a county or county equivalent which has 
     an overall population density of more than 500 people per 
     square mile of land.
       ``(18) Rural subscriber.--The term `rural subscriber' means 
     a residential subscriber residing in a dwelling located in a 
     rural area or nonresidential subscriber maintaining a 
     permanent place of business located in a rural area.
       ``(19) Satellite carrier.--The term `satellite carrier' 
     means any person using the facilities of a satellite or 
     satellite service licensed by the Federal Communications 
     Commission and operating in the Fixed-Satellite Service under 
     part 25 of title 47 of the Code of Federal Regulations or the 
     Direct Broadcast Satellite Service under part 100 of title 47 
     of such Code to establish and operate a channel of 
     communications for distribution of signals, and owning or 
     leasing a capacity or service on a satellite in order to 
     provide such distribution.
       ``(20) Saturated market.--The term `saturated market' means 
     any census tract in which, as of the date of the enactment of 
     this section--
       ``(A) current generation broadband services have been 
     provided by one or more providers to 85 percent or more of 
     the total number of potential residential subscribers 
     residing in dwellings located within such census tract, and
       ``(B) such services can be utilized--
       ``(i) at least a majority of the time during periods of 
     maximum demand by each such subscriber who is utilizing such 
     services, and
       ``(ii) in a manner substantially the same as such services 
     are provided by the provider to subscribers through equipment 
     with respect to which no credit is allowed under subsection 
     (a)(1).
       ``(21) Subscriber.--The term `subscriber' means a person 
     who purchases current generation broadband services or next 
     generation broadband services.
       ``(22) Telecommunications carrier.--The term 
     `telecommunications carrier' has the meaning given such term 
     by section 3(44) of the Communications Act of 1934 (47 U.S.C. 
     153(44)), but--
       ``(A) includes all members of an affiliated group of which 
     a telecommunications carrier is a member, and
       ``(B) does not include a commercial mobile service carrier.
       ``(23) Total potential subscriber population.--The term 
     `total potential subscriber population' means, with respect 
     to any area and based on the most recent census data, the 
     total number of potential residential subscribers residing in 
     dwellings located in such area and potential nonresidential 
     subscribers maintaining permanent places of business located 
     in such area.
       ``(24) Underserved area.--The term `underserved area' means 
     any census tract which is located in--
       ``(A) an empowerment zone or enterprise community 
     designated under section 1391,
       ``(B) the District of Columbia Enterprise Zone established 
     under section 1400,
       ``(C) a renewal community designated under section 1400E, 
     or
       ``(D) a low-income community designated under section 45D.
       ``(25) Underserved subscriber.--The term `underserved 
     subscriber' means a residential subscriber residing in a 
     dwelling located in an underserved area or nonresidential 
     subscriber maintaining a permanent place of business located 
     in an underserved area.
       ``(f) Designation of Census Tracts.--The Secretary shall, 
     not later than 90 days after the date of the enactment of 
     this section, designate and publish those census tracts 
     meeting the criteria described in paragraphs (17), (20), and 
     (24) of subsection (e). In making such designations, the 
     Secretary shall consult with such other departments and 
     agencies as the Secretary determines appropriate.''.
       (b) Credit To Be Part of Investment Credit.--Section 46 
     (relating to the amount of investment credit), as amended by 
     this Act, is amended by striking ``and'' at the end of 
     paragraph (3), by striking the period at the end of paragraph 
     (4) and inserting ``, and'', and by adding at the end the 
     following:
       ``(5) the broadband credit.''
       (c) Special Rule for Mutual or Cooperative Telephone 
     Companies.--Section 501(c)(12)(B) (relating to list of exempt 
     organizations) is amended by striking ``or'' at the end of 
     clause (iii), by striking the period at the end of clause 
     (iv) and inserting ``, or'', and by adding at the end the 
     following:
       ``(v) from the sale of property subject to a lease 
     described in section 48B(c)(2)(B), but only to the extent 
     such income does not in any year exceed an amount equal to 
     the credit for qualified expenditures which would be 
     determined under section 48B for such year if the mutual or 
     cooperative telephone company was not exempt from taxation 
     and was treated as the owner of the property subject to such 
     lease.''.
       (d) Conforming Amendment.--The table of sections for 
     subpart E of part IV of subchapter A of chapter 1, as amended 
     by this Act, is amended by inserting after the item relating 
     to section 48A the following:

``Sec. 48B. Broadband credit.''.

       (e) Regulatory Matters.--
       (1) Prohibition.--No Federal or State agency or 
     instrumentality shall adopt regulations or ratemaking 
     procedures that would have the effect of confiscating any 
     credit or portion thereof allowed under section 48B of the 
     Internal Revenue Code of 1986 (as added by this section) or 
     otherwise subverting the purpose of this section.
       (2) Treasury regulatory authority.--It is the intent of 
     Congress in providing the broadband credit under section 48B 
     of the Internal Revenue Code of 1986 (as added by this 
     section) to provide incentives for the purchase, 
     installation, and connection of equipment and facilities 
     offering expanded broadband access to the Internet for users 
     in certain low income and rural areas of the United States, 
     as well as to residential users nationwide, in a manner that 
     maintains competitive neutrality among the various classes of 
     providers of broadband services. Accordingly, the Secretary 
     of the Treasury shall prescribe such regulations as may be 
     necessary or appropriate to carry out the purposes of section 
     48B of such Code, including--
       (A) regulations to determine how and when a taxpayer that 
     incurs qualified expenditures satisfies the requirements of 
     section 48B of such Code to provide broadband services, and
       (B) regulations describing the information, records, and 
     data taxpayers are required to provide the Secretary to 
     substantiate compliance with the requirements of section 48B 
     of such Code.
     Until the Secretary prescribes such regulations, taxpayers 
     may base such determinations on any reasonable method that is 
     consistent with the purposes of section 48B of such Code.
       (f) Effective Date.--The amendments made by this section 
     shall apply to expenditures incurred after December 31, 2002, 
     and before January 1, 2004.
                                  ____

  SA 3137. Mr. CAMPBELL 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:


[[Page S2854]]


       On page 92, between lines 17 and 18, insert the following:

                      Subtitle A--Energy Programs

       On page 94, line 5, insert ``and nonrenewable'' after 
     ``renewable''.
       On page 109, line 5, strike ``renewable'' and insert 
     ``tribal''.
       On page 109, line 12, insert ``and nonrenewable'' after 
     ``renewable''.
       On page 109, line 14, insert ``and nonrenewable'' after 
     ``renewable''.
       On page 115, between lines 3 and 4, insert the following:

                     Subtitle B--Energy Development

     SEC. 411. DEFINITIONS.

       In this subtitle:
       (1) Fund.--The term ``Fund'' means the Joint Energy 
     Development Feasibility Fund established under section 
     412(g).
       (2) Indian land.--
       (A) In general.--The term ``Indian land'' means any land 
     within the limits of--
       (i) any Indian reservation, pueblo, or rancheria; or
       (ii) a former reservation in Oklahoma;

     which is held in trust by the United States or subject to 
     Federal restriction upon alienation.
       (B) Lands in alaska.--Land in Alaska owned by an Indian 
     tribe, as that term is defined in this subsection (3), shall 
     be considered to be Indian land.
       (3) Indian tribe.--
       (A) In general.--The term ``Indian tribe'' means any Indian 
     tribe, band, nation or other organized group or community, 
     including any Alaska Native village or regional or village 
     corporation as defined in or established pursuant to the 
     Alaska Native Claims Settlement Act (85 Stat. 688) (43 U.S.C. 
     1601 et seq.) which is eligible to receive services provided 
     by the United States because of their status as Indians.
       (B) Tribal consortia.--For purposes of this Act only, the 
     term ``Indian tribe'' includes a consortium of Indian 
     entities described in subparagraph (A).
       (4) Secretary.--The term ``Secretary'' means Secretary of 
     the Interior.

     SEC. 412. INDIAN ENERGY DEVELOPMENT DEMONSTRATION PROJECT.

       (a) Purpose.--The purpose of this section is to authorize 
     the Secretary of the Interior to establish an Indian energy 
     development demonstration project to--
       (1) promote the energy self-sufficiency of the United 
     States by encouraging the development of energy resources on 
     Indian land;
       (2) enable and encourage Indian tribes to take advantage of 
     energy opportunities by expediting the procedures for 
     entering into energy development agreements with respect to 
     Indian land;
       (3) meet the energy needs of members of Indian tribes by 
     encouraging the development of energy resources on Indian 
     land; and
       (4) protect the environmental and economic interests of 
     Indian tribes and communities located adjacent to Indian 
     land.
       (b) Definitions.--In this section:
       (1) Demonstration project.--The term ``demonstration 
     project'' means the demonstration project carried out by the 
     Secretary under subsection (c)(1).
       (2) Development plan.--The term ``development plan'' means 
     a comprehensive Indian energy development plan described in 
     subsection (d)(1).
       (3) Energy resource.--The term ``energy resource'' means a 
     renewable or nonrenewable source of energy.
       (c) Establishment.--
       (1) In general.--The Secretary shall carry out a 
     demonstration project to provide for the development of 
     energy sources on Indian land.
       (2) Selection of participating tribes.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, in accordance with such application 
     and review procedures as the Secretary, in consultation with 
     interested Indian tribes, shall establish, the Secretary may 
     select not more than 25 Indian tribes to participate in the 
     demonstration project.
       (B) Additional tribes.--In addition to the Indian tribes 
     selected under subparagraph (A), the Secretary may select an 
     additional 5 Indian tribes for each fiscal year after the 
     date of expiration of the 1-year period referred to in 
     subparagraph (A).
       (C) Application.--An Indian tribe that seeks to participate 
     in the demonstration project shall submit to the Secretary an 
     application that includes--
       (i) certification by the governing body of the Indian tribe 
     that the Indian tribe has requested to participate in the 
     demonstration project; and
       (ii) a description of the reasons why the Indian tribe 
     seeks to participate in the demonstration project, including 
     an overview of the types of energy development projects and 
     activities that the Indian tribe anticipates will be carried 
     out on the Indian land of the Indian tribe under the 
     demonstration project.
       (d) Comprehensive Indian Energy Development Plans.--
       (1) In general.--The Secretary shall require each Indian 
     tribe that participates in the demonstration project to 
     submit to the Secretary for approval a comprehensive Indian 
     energy development plan that--
       (A) describes the manner in which the Indian tribe intends 
     to govern activities of the Indian tribe with respect to 
     energy sources on the Indian land of the Indian tribe;
       (B) includes information relating to--
       (i) the siting of energy facilities on the Indian land of 
     the Indian tribe; and
       (ii) the granting of rights-of-way for any energy-related 
     purposes;
       (C) describes how the Indian tribe will protect the 
     environment on its land in conjunction with the development 
     of its energy sources; and
       (D) describes any proposed actions by the Indian tribe that 
     would require approval under the Indian Mineral Development 
     Act of 1982 (25 U.S.C. 2101 et seq.).
       (2) Plan approval.--
       (A) Guidelines.--The Secretary, taking into consideration 
     the purposes of this section, shall develop guidelines for 
     the approval of development plans.
       (B) Action by the secretary.--
       (i) In general.--The Secretary shall approve or disapprove 
     a development plan not later than 120 days after the 
     Secretary receives the development plan.
       (ii) Failure to act.--If the Secretary fails to approve or 
     disapprove a development plan within time period specified in 
     clause (i), the development plan shall be considered to be 
     approved.
       (C) Agreements.--Notwithstanding any other provision of 
     law, after approval by the Secretary of a development plan of 
     an Indian tribe, the Indian tribe, without further approval 
     by the Secretary, may enter into 1 or more agreements for the 
     development of energy sources in accordance with the 
     development plan.
       (e) Federal Liability.--The Secretary shall not be liable 
     for any action taken, or any failure to act, by any Indian 
     tribe or other person in accordance with a development plan 
     under paragraph (2), unless the Secretary, in approving the 
     plan, has violated the trust responsibility to that Indian 
     tribe.
       (f) Report to Congress.--Not later than 30 months after the 
     date of enactment of this Act, the Secretary shall submit to 
     the Committee on Resources of the House of Representatives 
     and the Committee on Indian Affairs and the Committee on 
     Energy and Natural Resources of the Senate, a report that--
       (1) describes the implementation and effectiveness of the 
     demonstration project; and
       (2) includes any recommendations of the Secretary relating 
     to administrative, statutory, or other changes that are 
     considered by the Secretary to be necessary to achieve the 
     purposes specified in subsection (a).
       (g) Joint Energy Development Feasibility Fund.--
       (1) In general.--There is established in the Treasury of 
     the United States a fund to be known as the ``Joint Energy 
     Development Feasibility Fund''.
       (2) Use of fund.--The Secretary may use amounts in the Fund 
     to--
       (A) provide loans to Indian tribes to assist in--
       (i) identifying energy development opportunities on Indian 
     land;
       (ii) preparing and implementing comprehensive Indian energy 
     development plans; and
       (iii) carrying out other activities consistent with the 
     purposes of this subtitle; and
       (B) make grants to Indian tribes to assist in the 
     establishment of multi-tribal energy consulting and energy 
     development corporations to assist Indian tribes in preparing 
     or implementing comprehensive Indian energy development 
     plans.
       (3) Indian energy development registry.--In consultation 
     with the Indian tribes, the Secretary shall compile an Indian 
     Energy Development Registry to serve as an electronic 
     database identifying energy sources on Indian land. Prior to 
     any related information being included in the Registry, the 
     Secretary shall seek and secure the approval of the 
     appropriate Indian tribe.
       (4) Repayment of loans.--Under terms and conditions 
     approved by the Secretary, an Indian tribe that receives a 
     loan from the Fund shall repay the loan from the proceeds of 
     an energy development project facilitated by the loan.
       (5) Authorization of appropriations.--There are authorized 
     to be appropriated to the Fund such sums as are necessary to 
     carry out this section.

     SEC. 413. LAND ACQUISITIONS FOR PURPOSES OF ENERGY 
                   DEVELOPMENT.

       (a) Application.--
       (1) In general.--On submission, in accordance with section 
     5 of the Act of June 18, 1934 (25 U.S.C. 465), by an Indian 
     tribe to the Secretary of an application to take land into 
     trust for the purpose of energy development, the Secretary 
     shall approve the application if the application meets the 
     requirements described in paragraph (2).
       (2) Requirements.--The requirements referred to in 
     paragraph (1) are that--
       (A) the land that is proposed to be taken into trust under 
     the application is located within the exterior boundaries of 
     the Indian land of an Indian tribe;
       (B) the land is proposed to be taken into trust only for 
     purposes consistent with this section; and
       (C) the application contains provisions that waive any 
     rights of the Indian tribe that submitted the application, or 
     any other Indian tribe, to conduct gaming activities on the 
     land in accordance with the Indian Gaming Regulatory Act (25 
     U.S.C. 2701 et seq.).
       (b) Approval.--If the Secretary does not approve or 
     disapprove an application submitted by an Indian tribe under 
     subsection (a) within the 120-day period beginning on the 
     date of submission of the application, the

[[Page S2855]]

     application shall be considered to be approved.

     SEC. 414. ENERGY ASSET PRODUCTIVITY ENHANCEMENT.

       (a) Federal Water and Power Projects Inventory.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall complete, publish 
     in the Federal Register, and submit in accordance with 
     paragraph (2) a report on, an inventory of all federally-
     owned water projects and power projects that are--
       (A) under the jurisdiction of the Secretary; and
       (B) located on Indian land.
       (2) Report.--The Secretary shall submit to the Committee on 
     Resources of the House of Representatives and the Committee 
     on Indian Affairs and the Committee on Energy and Natural 
     Resources of the Senate a report that--
       (A) describes the results of the inventory completed under 
     paragraph (1);
       (B) identifies potentially transferable water projects and 
     power projects contained in the inventory completed under 
     paragraph (1); and
       (C) includes options recommended by the Secretary for the 
     eventual ownership, management, operation, and maintenance of 
     those projects by Indian tribes (including ownership, 
     management, operation, and maintenance in accordance with the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 450 et seq.)).
       (b) Federal Transfers.--
       (1) In general.--After publication of the inventory under 
     subsection (a)(1), and on the request of an Indian tribe, the 
     Secretary shall transfer the ownership of any water project 
     or power project to the Indian tribe if--
       (A) the project is--
       (i)(I) owned by the United States; and
       (II) under the administrative jurisdiction of the 
     Secretary; and
       (ii) located on the Indian land of the Indian tribe;
       (B) the Indian tribe agrees to hold the United States 
     harmless for any liability relating to ownership, management, 
     operation, and maintenance of the project by the Indian 
     tribe; and
       (C) the Secretary determines that the transfer--
       (i) is in the best interests of the United States and the 
     Indian tribe; and
       (ii) would not be detrimental to local communities.
       (2) No change in purpose or operation.--No transfer of a 
     water project or power project under paragraph (1) shall 
     authorize any change in the purpose or operation of the 
     project.

     SEC. 415. REVIEW OF PROVISIONS RELATING TO ENERGY ON INDIAN 
                   LAND.

       (a) Federal Oil and Gas Royalty Management Act Review.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall complete, and 
     submit to Congress in accordance with paragraph (2) a report 
     on, a review of the royalty system for oil and gas 
     development on Indian land--
       (A) under the Federal Oil and Gas Royalty Management Act of 
     1982 (30 U.S.C. 1701 et seq.); and
       (B) in accordance with leases of Indian land that involve 
     the development of oil or gas resources on that land.
       (2) Report.--The Secretary shall submit to the Committee on 
     Resources of the House of Representatives and the Committee 
     on Indian Affairs and the Committee on Energy and Natural 
     Resources of the Senate a report that describes--
       (A) the findings made by the Secretary as a result of the 
     review under paragraph (1);
       (B) an analysis of--
       (i) the barriers to the development of energy sources on 
     Indian land; and
       (ii) the best means of removing those barriers; and
       (C) recommendations of the Secretary with respect to 
     measures to--
       (i) increase energy production on Indian land;
       (ii) maximize revenues to Indian tribes and members of 
     Indian tribes from that energy production; and
       (iii) ensure the timely payment of revenues from that 
     energy production.
       (3) Recommendations.--The Secretary shall implement the 
     recommendations described in paragraph (2)(C) for which the 
     Secretary has implementation authority.
       (4) Impacts on indian land.--Notwithstanding the Federal 
     Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1701 et 
     seq.), an Indian tribe shall be eligible for assistance to 
     mitigate the effects of exploration, extraction, and removal 
     of oil or gas on Indian land to the same extent as a State is 
     eligible for assistance for exploration, extraction, or 
     removal of oil and gas on State land.
       (b) Indian Mineral Development Act Review.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall complete, and 
     submit to Congress in accordance with paragraph (2) a report 
     on, a review of all activities that have been conducted on 
     Indian land under the Indian Mineral Development Act of 1982 
     (25 U.S.C. 2101 et seq.).
       (2) Report.--The Secretary shall submit to the Committee on 
     Resources of the House of Representatives and the Committee 
     on Indian Affairs and the Committee on Energy and Natural 
     Resources of the Senate a report that describes--
       (A) the findings made by the Secretary as a result of the 
     review under paragraph (1);
       (B) an analysis of--
       (i) the barriers to the development of energy sources on 
     Indian land; and
       (ii) the best means of removing those barriers; and
       (C) recommendations of the Secretary with respect to 
     measures to--
       (i) increase energy production on Indian land; and
       (ii) maximize the opportunities to develop those energy 
     sources.
       (3) Recommendations.--The Secretary shall implement the 
     recommendations described in paragraph (2)(C) for which the 
     Secretary has implementation authority.

     SEC. 416. ENERGY EFFICIENCY AND CONSERVATION IN INDIAN 
                   HOUSING.

       (a) Finding.--Congress finds that the Secretary of Housing 
     and Urban Development should promote energy conservation in 
     housing located on Indian land that is assisted with Federal 
     resources through--
       (1) the use of energy-efficient technologies and 
     innovations (including the procurement of energy-efficient 
     refrigerators and other appliances);
       (2) the encouragement of shared savings contracts; and
       (3) other similar technologies and innovations considered 
     appropriate by the Secretary of Housing and Urban 
     Development.
       (b) Energy Efficiency in Assisted Housing.--Section 202(2) 
     of the Native American Housing and Self-Determination Act of 
     1996 (25 U.S.C. 4132(2)) is amended by inserting 
     ``improvement to achieve greater energy efficiency,'' after 
     ``planning,''.
       (c) Technical Assistance to Nonprofit and Community 
     Organizations.--The Secretary of Housing and Urban 
     Development, in cooperation with Indian tribes or tribally-
     designated housing entities of Indian tribes, may provide, to 
     eligible (as determined by the Secretary of Housing and Urban 
     Development) nonprofit and community organizations, technical 
     assistance to initiate and expand the use of energy-saving 
     technologies in--
       (1) new home construction;
       (2) housing rehabilitation; and
       (3) housing in existence as of the date of enactment of 
     this Act.
       (d) Review.--The Secretary of Housing and Urban Development 
     and the Secretary of the Interior, in consultation with 
     Indian tribes or tribally-designated housing entities of 
     Indian tribes, shall--
       (1) complete a review of regulations promulgated by the 
     Secretary of Housing and Urban Development and the Secretary 
     of the Interior to determine any necessary and feasible 
     measures that may be taken to promote greater use of energy 
     efficient technologies in housing for which Federal 
     assistance is provided under the Native American Housing 
     Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 
     et seq.);
       (2) develop energy efficiency and conservation measures for 
     use in connection with housing that is--
       (A) located on Indian land; and
       (B) constructed, repaired, or rehabilitated using 
     assistance provided under any law or program administered by 
     the Secretary of Housing and Urban Development and the 
     Secretary of the Interior, including--
       (i) the Native American Housing Assistance and Self-
     Determination Act of 1996 (25 U.S.C. 4101 et seq.); and
       (ii) the Indian Home Improvement Program of the Bureau of 
     Indian Affairs; and
       (3) promote the use of the measures described in paragraph 
     (2) in programs administered by the Secretary of Housing and 
     Urban Development and the Secretary of the Interior, as 
     appropriate.
                                  ____

  SA 3138. Mrs. BOXER (for herself and Mrs. Feinstein) 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 191, strike lines 8 through 11 and insert the 
     following:
       ``(4) Cellulosic biomass ethanol.--
       ``(A) In general.--For the purpose of paragraph (2)--
       ``(i) except as provided in clause (ii), 1 gallon of 
     cellulosic biomass ethanol shall be considered to be the 
     equivalent of 1.5 gallons of renewable fuel; and
       ``(ii) 1 gallon of cellulosic biomass ethanol shall be 
     considered the equivalent of 2 gallons of renewable fuel if 
     the cellulosic biomass ethanol is derived from agricultural 
     residues.
       ``(B) Cellulosic biomass ethanol conversion assistance.--
       ``(i) In general.--The Secretary of Energy may make grants 
     to merchant producers of cellulosic biomass ethanol to assist 
     such producers in building eligible facilities for the 
     production of cellulosic biomass ethanol.
       ``(ii) Eligibile facilities.--A facility shall be eligible 
     to receive a grant under this paragraph if the facility--
       ``(I) is located in the United States; and
       ``(II) uses cellulosic biomass ethanol feed stocks derived 
     from agricultural residues.

[[Page S2856]]

       ``(iii) Authorization of appropriations.--There is 
     authorized to be appropriated to carry out this paragraph 
     such sums as may be necessary for fiscal years 2003, 2004, 
     and 2005.''.
                                  ____

  SA 3139. Mrs. BOXER (for herself and Mrs. Feinstein) 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:

       Beginning on page 204, strike line 15 and all that follows 
     through page 205, line 8 and insert the following:
       ``Notwithstanding any other provision of federal or state 
     law, a renewable fuel, as defined by this Act, used or 
     intended to be used as a motor vehicle fuel, or any motor 
     vehicle fuel containing such renewable fuel, shall be subject 
     to liability standards no less protective of human health, 
     welfare and the environment than any other motor vehicle fuel 
     or fuel additive.''.
                                  ____

  SA 3140. Mr. NELSON of Nebraska 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:

       Strike Title III and insert the following:

     SEC. 301. ALTERNATIVE CONDITIONS AND FISHWAYS.

       (a) Alternative Mandatory Conditions.--Section 4 of the 
     Federal Powers Act (16 U.S.C. 797) is amended by adding at 
     the end the following:
       ``(h)(1) Whenever any person applies for a license for any 
     project works within any reservation of the United States 
     under subsection (e), and the Secretary of the department 
     under whose supervision such reservation falls (in this 
     subsection referred to the `Secretary') shall deem a 
     condition to such license to be necessary under the first 
     proviso of such section, the license applicant may propose an 
     alternative condition.
       ``(2) Notwithstanding the first proviso of subsection (e), 
     the Secretary of the department under whose supervision the 
     reservation falls shall accept the proposed alternative 
     condition referred to in paragraph (1), and the Commission 
     shall include in the license such alternative condition, if 
     the Secretary of the appropriate department determines, based 
     on substantial evidence provided by the license applicant, 
     that the alternative condition--
       ``(A) provides for the adequate protection and utilization 
     of the reservation; and
       ``(B) with either--
       ``(i) cost less to implement, or
       ``(ii) result in improved operation of the project works 
     for electricity production as compared to the condition 
     initially deemed necessary by the Secretary.
       ``(3) The Secretary shall submit into the public record of 
     the Commission proceeding with any condition under subsection 
     (e) or alternative condition it accepts under this subsection 
     a written statement explaining the basis for such condition, 
     and reason for not accepting any alternative condition under 
     this subsection, including the effects of the condition 
     accepted and alternatives not accepted on energy supply, 
     distribution, cost, and use, air quality, flood control, 
     navigation, and drinking, irrigation, and recreation water 
     supply, based on such information as may be available to the 
     Secretary, including information voluntarily provided in a 
     timely manner by the applicant and others.
       ``(4) Nothing in this subsection shall prohibit other 
     interested parties from proposing alternative conditions.''
       (b) Alternative Fishways.--Section 18 of the Federal Power 
     Act (16 U.S.C. 811) is amended by--
       (1) inserting ``(a)'' before the first sentence; and
       (2) adding at the end the following:
       ``(b)(1) Whenever the Secretary of the Interior or the 
     Secretary of Commerce prescribes a fishway under this 
     section, the license applicant or the licensee may propose an 
     alternative to such prescription to construct, maintain, or 
     operate a fishway.
       ``(2) Notwithstanding subsection (a), the Secretary of the 
     Interior or the Secretary of Commerce, as appropriate, shall 
     accept and prescribe, and the Commission shall require, the 
     proposed alternative referred to in paragraph (1), if the 
     Secretary of the appropriate department determines, based on 
     substantial evidence provided by the licensee, that the 
     alternative--
       ``(A) will be no less protective of the fishery than the 
     fishway initially prescribed by the Secretary; and
       ``(B) with either--
       ``(i) cost less to implement, or
       ``(ii) result in improved operation of the project works 
     for electricity production as compared to the fishway 
     initially prescribed by the Secretary.
       ``(3) The Secretary shall submit into the public record of 
     the Commission proceeding with any prescription under 
     subsection (a) or alternative prescription it accepts under 
     this subsection a written statement explaining the basis for 
     such prescription, and reason for not accepting any 
     alternative prescription under this subsection, including the 
     effects of the prescription accepted or alternative not 
     accepted on energy supply, distribution, cost, and use, air 
     quality, flood control, navigation, and drinking, irrigation, 
     and recreation water supply, based on such information as may 
     be available to the Secretary, including information 
     voluntarily provided in a timely manner by the applicant and 
     others.
       ``(4) Nothing in this subsection shall prohibit other 
     interested parties from proposing alternative 
     prescriptions.''
                                  ____

  SA 3141. Mr. DORGAN (for himself, Ms. Cantwell, and Mr. Bayh) 
submitted an amendment intended to be proposed to amendment SA 2917 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 213, after line 10, insert:

     SEC. 824. FUEL CELL VEHICLE PROGRAM.

       Not later than one year from date of enactment of this 
     section, the Secretary shall develop a program with 
     timetables for developing technologies to enable at least 
     100,000 hydrogen-fueled fuel cell vehicles to be available 
     for sale in the United States by 2010 and at least 2.5 
     million of such vehicles to be available by 2020 and annually 
     thereafter. The program shall also include timetables for 
     development of technologies to provide 50 million gasoline 
     equivalent gallons of hydrogen for sale in fueling stations 
     in the United States by 2010 and at least 2.5 billion 
     gasoline equivalent gallons by 2020 and annually thereafter. 
     The Secretary shall annually include a review of the progress 
     toward meeting the vehicle sales of Energy budget.''

                          ____________________