[Congressional Record Volume 148, Number 48 (Thursday, April 25, 2002)]
[Senate]
[Pages S3450-S3452]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3376. Mr. HARKIN submitted an amendment intended to be proposed to 
amendment SA 3352 proposed by Mr. Baucus (for himself and Mr. Grassley) 
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:

       On page 7, line 10, strike ``2005'' and insert ``2007''.
                                  ____

  SA 3377. Mr. HARKIN submitted an amendment intended to be proposed to 
amendment SA 3352 proposed by Mr. Baucus (for himself and Mr. Grassley) 
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:

       On page 7, line 10, strike ``2005'' and insert ``2007'' and
       On page 11, line 9, strike ``2006'' and insert ``2008''.
                                  ____

  SA 3378. Mr. HARKIN submitted an amendment intended to be proposed to 
amendment SA 3352 proposed by Mr. Baucus (for himself and Mr. Grassley) 
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; was which ordered to lie on the table; as follows:

       On page 7, line 10, strike ``2005'' and insert ``2006''.
                                  ____

  SA 3379. Mr. HARKIN submitted an amendment intended to be proposed to 
amendment SA 3352 proposed by Mr. Baucus (for himself and Mr. Grassley) 
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:

       On page 7, line 10, strike ``2005'' and insert ``2006'' and
       On page 11, line 9, strike ``2006'' and insert ``2007''.
                                  ____

  SA 3380. Mr. BINGAMAN 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 307, after line 3, insert the following:

                Subtitle E--Rural and Remote Communities

     SEC. 941. SHORT TITLE.

       This subtitle may be cited as the ``Rural and Remote 
     Community Fairness Act''.

     SEC. 942. FINDINGS AND PURPOSE.

       (a) Findings.--The Congress finds that--
       (1) a modern infrastructure, including energy-efficient 
     housing, electricity, telecommunications, bulk fuel, waste 
     water and potable water service, is a necessary ingredient of 
     a modern society and development of a prosperous economy;
       (2) the Nation's rural and remote communities face critical 
     social, economic and environmental problems, arising in 
     significant measure from the high cost of infrastructure 
     development in sparsely populated and remote areas, that are 
     not adequately addressed by existing Federal assistance 
     programs;
       (3) in the past, Federal assistance has been instrumental 
     in establishing electric and other utility service in many 
     developing regions of the Nation, and that Federal assistance 
     continues to be appropriate to ensure that electric and other 
     utility systems in rural areas conform with modern standards 
     of safety, reliability, efficiency and environmental 
     protection; and
       (4) the future welfare of the Nation and the well-being of 
     its citizens depend on the establishment and maintenance of 
     viable rural and remote communities as social, economic and 
     political entities.
       (b) Purpose.--The purpose of this subtitle is the 
     development and maintenance of viable rural and remote 
     communities through the provision of efficient housing, and 
     reasonably priced and environmentally sound energy, water, 
     waste water, and bulk fuel, telecommunications and utility 
     services to those communities that do not have those services 
     or who currently bear costs of those services that are 
     significantly above the national average.

     SEC. 943. DEFINITIONS.

       As used in this subtitle:
       (1) The term ``unit of general local government'' means any 
     city, county, town, township, parish, village, borough 
     (organized or unorganized) or other general purpose political 
     subdivision of a State, Guam, the Commonwealth of the 
     Northern Mariana Islands, Puerto Rico, the Republic of the 
     Marshall Islands, the Federated States of Micronesia, the 
     Republic of Palau, the Virgin Islands, and American Samoa, a 
     combination of such political subdivisions that is recognized 
     by the Secretary; and the District of Columbia; or any other 
     appropriate organization of citizens of a rural and remote 
     community that the Secretary may identify.
       (2) The term ``population'' means total resident population 
     based on data compiled by the United States Bureau of the 
     Census and referable to the same point or period in time.
       (3) The Term ``Native American group'' means any Indian 
     tribe, band, group, and nation, including Alaska Indians, 
     Aleuts, and Eskimos, and any Alaskan Native Village, of the 
     United States, which is considered an eligible recipient 
     under the Indian Self Determination and Education Assistance 
     Act (Public Law 93-638) or was considered an eligible 
     recipient under chapter 67 of title 31, United States Code, 
     prior to the repeal of such chapter.
       (4) The term ``Secretary'' means the Secretary of Housing 
     and Urban Development, the Secretary of Agriculture, the 
     Secretary of the Interior or the Secretary of Energy, as 
     appropriate.
       (5) The term ``rural and remote community'' means a unit of 
     local general government or Native American group which is 
     served by an electric utility that has 10,000

[[Page S3451]]

     or less customers with an average retail cost per kilowatt 
     hour of electricity that is equal to or greater than 150 
     percent of the average retail cost per kilowatt hour of 
     electricity for all consumers in the United States, as 
     determined by data provided by the Energy Information 
     Administration of the Department of Energy.
       (6) The term ``alternative energy sources'' include non-
     traditional means of providing electrical energy, including, 
     but not limited to, wind, solar, biomass, municipal solid 
     waste, hydroelectric, geothermal and tidal power.
       (7) The term ``average retail cost per kilowatt hour of 
     electricity'' has the same meaning as ``average revenue per 
     kilowatt hour of electricity'' as defined by the Energy 
     Information Administration of the Department of Energy.

     SEC. 944. AUTHORIZATION OF APPROPRIATIONS.

       The Secretary is authorized to make grants to rural and 
     remote communities to carry out activities in accordance with 
     the provisions of the subtitle. For purposes of assistance 
     under section 947, there are authorized to be appropriated 
     $100,000,000 for each of fiscal years 2003 through 2009.

     SEC. 945. STATEMENT OF ACTIVITIES AND REVIEW.

       (a) Statement of Objectives and Projected Use.--Prior to 
     the receipt in any fiscal year of a grant under section 947 
     by any rural and remote community, the grantee shall have 
     prepared and submitted to the Secretary of the agency 
     providing funding a final statement of rural and remote 
     community development objectives and projected use of funds.
       (b) Public Notice.--In order to permit public examination 
     and appraisal of such statements, to enhance the public 
     accountability of grantees, and to facilitate coordination of 
     activities with different levels of government, the grantee 
     shall in a timely manner--
       (1) furnish citizens information concerning the amount of 
     funds available for rural and remote community development 
     activities and the range of activities that may be 
     undertaken;
       (2) publish a proposed statement in such manner to afford 
     affected citizens an opportunity to examine its content and 
     to submit comments on the proposed statement and on the 
     community development performance of the grantee;
       (3) provide citizens with reasonable access to records 
     regarding the past use of funds received under section 947 by 
     the grantee; and
       (4) provide citizens with reasonable notice of, and 
     opportunity to comment on, any substantial change proposed to 
     be made in the use of funds received under section 947 from 
     one eligible activity to another.
       The final statement shall be made available to the public, 
     and a copy shall be furnished to the appropriate Secretary. 
     Any final statement of activities may be modified or amended 
     from time to time by the grantee in accordance with the same. 
     Procedures required in this paragraph are for the preparation 
     and submission of such statement.
       (c) Performance and Evaluation Report.--Each grantee shall 
     submit to the appropriate Secretary, at a time determined by 
     the Secretary, a performance and evaluation report, 
     concerning the use of funds made available under section 947, 
     together with an assessment by the grantee of the 
     relationship of such use to the objectives identified in the 
     grantee's statement under subsection (a) and to the 
     requirements of subsection (b). The grantee's report shall 
     indicate its programmatic accomplishments, the nature of and 
     reasons for any changes in the grantee's program objectives, 
     and indications of how the grantee would change its programs 
     as a result of its experiences.
       (d) Retention of Income.--
       (1) In general.--Any rural and remote community may retain 
     any program income that is realized from any grant made by 
     the Secretary under section 947 if--
       (A) Such income was realized after the initial disbursement 
     of the funds received by such unit of general local 
     government under such section; and
       (B) such unit of general local government has agreed that 
     it will utilize program income for eligible rural and remote 
     community development activities in accordance with the 
     provisions of this title.
       (2) Exception.--The Secretary may, by regulation, exclude 
     from consideration as program income any amounts determined 
     to be so small that compliance with the subsection creates an 
     unreasonable administrative burden on the rural and remote 
     community.

     SEC. 946. ELIGIBLE ACTIVITIES.

       (a) Activities Included.--Eligible activities assisted 
     under this subtitle may include only--
       (1) weatherization and other cost-effective energy-related 
     repairs of homes and other buildings;
       (2) the acquisition, construction, repair, reconstruction, 
     or installation of reliable and cost-efficient facilities for 
     the generation, transmission or distribution of electricity, 
     and telecommunications, for consumption in a rural and remote 
     community or communities;
       (3) the acquisition, construction, repair, reconstruction, 
     remediation or installation of facilities for the safe 
     storage and efficient management of bulk fuel by rural and 
     remote communities, and facilities for the distribution of 
     such fuel to consumers in a rural or remote community;
       (4) facilities and training to reduce costs of maintaining 
     and operating generation, distribution or transmission 
     systems to a rural and remote community or communities;
       (5) the institution of professional management and 
     maintenance services for electricity generation, transmission 
     or distribution to a rural and remote community or 
     communities;
       (6) the investigation of the feasibility of alternate 
     energy sources for a rural and remote community or 
     communities;
       (7) acquisition, construction, repair, reconstruction, 
     operation, maintenance, or installation of facilities for 
     water or waste water service;
       (8) the acquisition or disposition of real property 
     (including air rights, water rights, and other interests 
     therein) for eligible rural and remote community development 
     activities; and
       (9) activities necessary to develop and implement a 
     comprehensive rural and remote development plan, including 
     payment of reasonable administrative costs related to 
     planning and execution or rural and remote community 
     development activities.
       (b) Activities Undertaken Through Electric Utilities.--
     Eligible activities may be undertaken either directly by the 
     rural and remote community, or by the rural and remote 
     community through local electric utilities.

     SEC. 947. ALLOCATION AND DISTRIBUTION OF FUNDS.

       For each fiscal year, of they amount approved in an 
     appropriation act under section 903 for grants in any year, 
     the Secretary shall distribute to each rural and remote 
     community which has filed a final statement of rural and 
     remote community development objectives and projected use of 
     funds under section 945, an amount which shall be allocated 
     among the rural and remote communities that filed a final 
     statement of rural and remote community development 
     objectives and projected use of funds under section 945 
     proportionate to the percentage that the average retail price 
     per kilowatt hour of electricity for all classes of consumers 
     in the rural and remote community exceeds the national 
     average retail price per kilowatt hour for electricity for 
     all consumers in the United States, as determined by data 
     provided by the Department of Energy's Energy Information 
     Administration. In allocating funds under this section, the 
     Secretary shall give special consideration to those rural and 
     remote communities that increase economies of scale through 
     consolidation of services, affiliation and regionalization of 
     eligible activities under this title.

     SEC. 948. RURAL AND REMOTE COMMUNITY ELECTRIFICATION GRANTS.

       Section 313 of the Rural Electrification Act of 1936 (7 
     U.S.C. 940c) is amended by adding after subsection (b) the 
     following:
       (c) Rural and Remote Communities Electrification Grants.--
     The Secretary of Agriculture, in consultation with the 
     Secretary of Energy and the Secretary of the Interior, may 
     provide grants under this Act for the purpose of increasing 
     energy efficiency, siting or upgrading transmission and 
     distribution lines, or providing or modernizing electric 
     facilities to--
       ``(1) a unit of local government of a State or territory; 
     or
       ``(2) an Indian tribe or Tribal College or University as 
     defined in section 316(b)(3) of the Higher Education Act (20 
     U.S.C. 1059c(b)(3)).
       ``(d) Grant Criteria.--The Secretary shall make grants 
     based on a determination of cost-effectiveness and most 
     effective use of the funds to achieve the stated purposes of 
     this section.
       ``(e) Preference.--In making grants under this section, the 
     Secretary shall give a preference to renewable energy 
     facilities.
       ``(f) Definition.--For purposes of this section, 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 (43 U.S.C. 1601 et seq.), which is recognized as eligible 
     for the special programs and services provided by the United 
     States to Indians because of their status as Indians.
       ``(g) Authorization.--For the purpose of carrying out 
     subsection (c), there are authorized to be appropriated to 
     the Secretary $20,000,000 for each of the seven fiscal years 
     following the date of enactment of this subsection.''.

     SEC. 949. AUTHORIZATION OF APPROPRIATIONS.

       There is hereby authorized to be appropriated $5,000,000 
     for each of fiscal year 2003 through 2009 to the Denali 
     Commission established by the Denali Commission Act of 1998 
     (42 U.S.C. 3121 note) for the purposes of funding the power 
     cost equalization program.

     SEC. 950. RURAL RECOVERY COMMUNITY DEVELOPMENT BLOCK GRANTS.

       (a) Findings; Purpose.--
       (1) Findings.--Congress finds that--
       (A) a modern infrastructure, including affordable housing, 
     wastewater and water service, and advanced technology 
     capabilities is a necessary ingredient of a modern society 
     and development of a prosperous economy with minimal 
     environmental impacts;
       (B) the Nation's rural areas face critical social, 
     economic, and environmental problems, arising in significant 
     measure from the growing cost of infrastructure development 
     in rural areas that suffer from low per capita income and 
     high rates of outmigration and are not adequately addressed 
     by existing Federal assistance programs; and

[[Page S3452]]

       (C) the future welfare of the Nation and the well-being of 
     its citizens depend on the establishment and maintenance of 
     viable rural areas as social, economic, and political 
     entities.
       (2) Purpose.--The purpose of this section is to provide for 
     the development and maintenance of viable rural areas through 
     the provision of affordable housing and community development 
     assistance to eligible units of general local government and 
     eligible Native American groups in rural areas with 
     excessively high rates of outmigration and low per capital 
     income levels.
       (b) Definitions.--In this section:
       (1) Eligible unit of general local government.--The term 
     ``eligible unit of general local government'' means a unit of 
     general local government that is the governing body of a 
     rural recovery area.
       (2) Eligible indian tribe.--The term ``eligible Indian 
     tribe'' means the governing body of an Indian tribe that is 
     located in a rural recovery area.
        (3) Grantee.--The term ``grantee'' means an eligible unit 
     of general local government or eligible Indian tribe that 
     receives a grant under this section.
       (4) Native american group.--The term ``Native American 
     group'' means any Indian tribe, band, group, and nation, 
     including Alaska Indians, Aleuts, and Eskimos, and any 
     Alaskan Native Village, of the United States, which is 
     considered en eligible recipient under the Indian Self-
     Determination and Education Assistance Act (Public Law 93-
     638) or was considered an eligible recipient under chapter 67 
     of title 31, United States Code, prior to the repeal of such 
     chapter.
       (5) Rural recovery area.--The term ``rural recovery area'' 
     means any geographic area represented by a unit of general 
     local government or a Native American group--
       (A) the borders of which are not adjacent to a metropolitan 
     area;
       (B) in which--
       (i) the population outmigration level equals or exceeds 1 
     percent over the most recent five year period, as determined 
     by the Secretary of Housing and Urban Development; and
       (ii) the per capita income is less than that of the 
     national nonmetropolitan average; and
       (C) that does not include a city with a population of more 
     than 15,000.
       (6) Unit of general local government.--
       (A) In general.--The term ``unit of general local 
     government'' means any city, county, town, township, parish, 
     village, borough (organized or unorganized), or other general 
     purpose political subdivision of a State; Guam, the 
     Commonwealth of the Northern Mariana Islands, the Virgin 
     Islands, Puerto Rico, and American Samoa, or a general 
     purpose political subdivision thereof; a combination of such 
     political subdivisions that, except as provided in section 
     106(d)(4), is recognized by the Secretary; and the District 
     of Columbia.
       (B) Other entities included.--The term also includes a 
     State or a local public body or agency, community 
     association, or other entity, that is approved by the 
     Secretary for the purpose of providing public facilities or 
     services to a new community.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of Housing and Urban Development, the Secretary of 
     Agriculture, the Secretary of the Interior or the Secretary 
     of Energy, as appropriate.
       (c) Grant Authority.--The Secretary may make grants in 
     accordance with this section to eligible units of general 
     local government, Native American groups and eligible Indian 
     tribes that meet the requirements of subsection (d) to carry 
     out eligible activities described in subsection (f).
       (d) Eligibility Requirements.--
       (1) Statement of rural development objectives.--In order to 
     receive a grant under this section for a fiscal year, an 
     eligible unit of general local government, Native American 
     group or eligible Indian tribe--
       (A) shall--
       (i) publish a proposed statement of rural development 
     objectives and a description of the proposed eligible 
     activities described in subsection (f) for which the grant 
     will be used; and
       (ii) afford residents of the rural recovery area served by 
     the eligible unit of general local government, Native 
     American groups or eligible Indian tribe with an opportunity 
     to examine the contents of the proposed statement and the 
     proposed eligible activities published under clause (i), and 
     to submit comments to the eligible unit of general local 
     government, Native American group or eligible Indian tribe, 
     as applicable, on the proposed statement and the proposed 
     eligible activities, and the overall community development 
     performance of the eligible unit of general local government, 
     Native American groups or eligible Indian tribe, as 
     applicable; and
       (B) Based on any comments received under subparagraph 
     (A)(ii), prepare and submit to the Secretary--
       (i) a final statement of rural development objectives;
       (ii) a description of the eligible activities described in 
     subsection (f) for which a grant received under this section 
     will be used; and
       (iii) a certification that the eligible unit of general 
     local government, Native American groups or eligible Indian 
     tribe, as applicable, will comply with the requirements of 
     paragraph (2).
       (2) Public notice and comment.--In order to enhance public 
     accountability and facilitate the coordination of activities 
     among different levels of government, an eligible unit of 
     general local government, Native American groups or eligible 
     Indian tribe that receives a grant under this section shall, 
     as soon as practicable after such receipt, provide the 
     residents of the rural recovery area served by the eligible 
     unit of general local government, Native American groups or 
     eligible Indian tribe, as applicable, with--
       (A) a copy of the final statement submitted under paragraph 
     (1)(B);
       (B) information concerning the amount made available under 
     this section and the eligible activities to be undertaken 
     with that amount;
       (C) reasonable access to records regarding the use of any 
     amounts received by the eligible unit of general local 
     government, Native American groups or eligible Indian tribe 
     under this section in any preceding fiscal year; and
       (D) reasonable notice of, and opportunity to comment on, 
     any substantial change proposed to be made in the use of 
     amounts received under this section from one eligible 
     activity to another.
       (e) Distribution of Grants.--
       (1) In general.--In each fiscal year, the Secretary shall 
     distribute to each eligible unit of general local government, 
     Native American groups and eligible Indian tribe that meets 
     the requirements of subsection (d)(1) a grant in an amount in 
     paragraph (2).
       (2) Amount.--Of the total amount made available to carry 
     out this section in each fiscal year, the Secretary shall 
     distribute to each grantee the amount equal to the greater 
     of--
       (A) the pro rata share of the grantee, as determined by the 
     Secretary, based on the combined annual population out 
     migration level (as determined by the Secretary of Housing 
     and Urban Development) and the per capita income for the 
     rural recovery area served by the grantee; or
       (B) $200,000.
       (f) Eligible Activities.--Each grantee shall use amounts 
     received under this section for one or more of the following 
     eligible activities, which may be undertaken either directly 
     by the grantee, or by any local economic development 
     corporation, regional planning district, nonprofit community 
     development corporation, or statewide development 
     organization authorized by the grantee:
       (1) the acquisition, construction, repair, reconstruction, 
     operation, maintenance, or installation of facilities for 
     water and wastewater service or any other infrastructure 
     needs determined to be critical to the further development or 
     improvement of a designated industrial park;
       (2) the acquisition or disposition of real property 
     (including air rights, water rights, and other interests 
     therein) for rural community development activities;
       (3) the development of telecommunications infrastructure 
     within a designated industrial park that encourages high 
     technology business development in rural areas;
       (4) activities necessary to develop and implement a 
     comprehensive rural development plan, including payment of 
     reasonable administrative costs related to planning and 
     execution of rural development activities; or
       (5) affordable housing initiatives.
       (g) Performance and Evaluation Report.--
       (1) In general.--Each grantee shall annually submit to the 
     appropriate Secretary a performance and evaluation report, 
     concerning the use of amounts received under this section.
       (2) Contents.--Each report submitted under paragraph (1) 
     shall include a description of--
       (A) the eligible activities carried out by the grantee with 
     amounts received under this section, and the degree to which 
     the grantee has achieved the rural development objectives 
     included in the final statement submitted under subsection 
     (d)(1);
       (B) the nature of and reasons for any change in the rural 
     development objectives or the eligible activities of the 
     grantee after submission of the final statement under 
     subsection (d)(1); and
       (C) any manner in which the grantee would change the rural 
     development objectives of the grantee as a result of the 
     experience of the grantee in administering amounts received 
     under this section.
       (h) Retention of Income.--A grantee may retain any income 
     that is realized from the grant, if--
       (1) the income was realized after the initial disbursement 
     of amounts to the grantee under this section; and
       (2) the--
       (A) grantee agrees to utilize the income for 1 or more 
     eligible activities; or
       (B) amount of the income is determined by the Secretary to 
     be so small that compliance with subparagraph (A) would 
     create an unreasonable administrative burden on the grantee.
       (i) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $100,000,000 for 
     each of fiscal years 2003 through 2009.

                          ____________________