[Congressional Record Volume 151, Number 85 (Thursday, June 23, 2005)]
[Senate]
[Pages S7319-S7328]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 889. Ms. SNOWE (for herself and Mr. Stevens) submitted an 
amendment intended to be proposed by her to the bill H.R. 6, to ensure 
jobs for our future with secure, affordable, and reliable energy; which 
was ordered to lie on the table; as follows:

  (Submitted on Wednesday, June 22, 2005.)
       On page 323, beginning with line 7, strike through line 12 
     on page 325 and insert the following:

     SEC. 387. COORDINATION WITH FEDERAL ENERGY REGULATORY 
                   COMMISSION.

       Within 180 days after the date of enactment of this Act, 
     the Secretary of Commerce shall submit a report to the 
     Congress on the development of a memorandum of understanding 
     with the Commissioner of the Federal Energy Regulatory 
     Commission for a coordinated process for review of coastal 
     energy activities that provides for--
       (1) improved coordination among Federal, regional, State, 
     and local agencies concerned with conducting reviews under 
     the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et 
     seq.); and
       (2) coordinated schedules for such reviews that ensures 
     that, where appropriate the reviews are performed 
     concurrently.

     SEC. 387A. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This section and sections 387B through 
     387T of this Act may be cited as the ``Coastal Zone 
     Enhancement Reauthorization Act of 2005''.
       (b) Table of Contents.--The table of contents for the 
     Coastal Zone Enhancement Reauthorization Act of 2005 is as 
     follows:

Sec. 387A. Short title; table of contents.
Sec. 387B. Amendment of Coastal Zone Management Act of 1972.
Sec. 387C. Findings.
Sec. 387D. Policy.
Sec. 387E. Changes in definitions.
Sec. 387F. Reauthorization of management program development grants.
Sec. 387G. Administrative grants.
Sec. 387H. Coastal resource improvement program.
Sec. 387I. Certain Federal agency activities.
Sec. 387J. Coastal zone management fund.
Sec. 387K. Coastal zone enhancement grants.
Sec. 387L. Coastal community program.
Sec. 387M. Technical assistance; resources assessments; information 
              systems.
Sec. 387N. Performance review.
Sec. 387O. Walter B. Jones awards.
Sec. 387P. National Estuarine Research Reserve System.
Sec. 387Q. Coastal zone management reports.
Sec. 387R. Authorization of appropriations.
Sec. 387S. Deadline for decision on appeals of consistency 
              determination.
Sec. 387T. Sense of Congress.

     SEC. 387B. AMENDMENT OF COASTAL ZONE MANAGEMENT ACT OF 1972.

       Except as otherwise expressly provided, whenever in 
     sections 387C through 387T of this Act an amendment or repeal 
     is expressed in terms of an amendment to, or repeal of, a 
     section or other provision, the reference shall be considered 
     to be made to a section or other provision of the Coastal 
     Zone Management Act of 1972 (16 U.S.C. 1451 et seq.).

     SEC. 387C. FINDINGS.

       Section 302 (16 U.S.C. 1451) is amended--
       (1) by redesignating paragraphs (a) through (m) as 
     paragraphs (1) through (13);
       (2) by inserting ``ports,'' in paragraph (3) (as so 
     redesignated) after ``fossil fuels,'';
       (3) by inserting ``including coastal waters and wetlands,'' 
     in paragraph (4) (as so redesignated) after ``zone,'';
       (4) by striking ``therein,'' in paragraph (4) (as so 
     redesignated) and inserting ``dependent on that habitat,'';
       (5) by striking ``well-being'' in paragraph (5) (as so 
     redesignated) and inserting ``quality of life'';
       (6) by inserting ``integrated plans and strategies,'' after 
     ``including'' in paragraph (9) (as so redesignated);
       (7) by striking paragraph (11) (as so redesignated) and 
     inserting the following:
       ``(11) Land and water uses in the coastal zone and coastal 
     watersheds may significantly affect the quality of coastal 
     waters and habitats, and efforts to control coastal water 
     pollution from activities in these areas must be improved.''; 
     and

[[Page S7320]]

       (8) by adding at the end thereof the following:
       ``(14) There is a need to enhance cooperation and 
     coordination among states and local communities, to encourage 
     local community-based solutions that address the impacts and 
     pressures on coastal resources and on public facilities and 
     public service caused by continued coastal demands, and to 
     increase state and local capacity to identify public 
     infrastructure and open space needs and develop and implement 
     plans which provide for sustainable growth, resource 
     protection and community revitalization.
       ``(15) The establishment of a national system of estuarine 
     research reserves will provide for protection of essential 
     estuarine resources, as well as for a network of State-based 
     reserves that will serve as sites for coastal stewardship 
     best-practices, monitoring, research, education, and training 
     to improve coastal management and to help translate science 
     and inform coastal decisionmakers and the public.''.

     SEC. 387D. POLICY.

       Section 303 (16 U.S.C. 1452) is amended--
       (1) by striking ``the states'' in paragraph (2) and 
     inserting ``state and local governments'';
       (2) by inserting ``plans, and strategies'' after 
     ``programs,'' in paragraph (2);
       (3) by striking ``waters,'' each place it appears in 
     paragraph (2)(C) and inserting ``waters and habitats,'';
       (4) by striking ``agencies and state and wildlife agencies; 
     and'' in paragraph (2)(J) and inserting ``and wildlife 
     management; and'';
       (5) by inserting ``cooperation, coordination, and 
     effectiveness'' after ``specificity,'' in paragraph (3);
       (6) by inserting ``other countries,'' after ``agencies,'' 
     in paragraph (5);
       (7) by striking ``and'' at the end of paragraph (5);
       (8) by striking ``zone.'' in paragraph (6) and inserting 
     ``zone;''; and
       (9) by adding at the end thereof the following:
       ``(7) to create and use a National Estuarine Research 
     Reserve System as a Federal, state, and community partnership 
     to support and enhance coastal management and stewardship 
     through State-based conservation, monitoring, research, 
     education, outreach, and training; and
       ``(8) to encourage the development, application, training, 
     technical assistance, and transfer of innovative coastal 
     management practices and coastal and estuarine environmental 
     technologies and techniques to improve understanding and 
     management decisionmaking for the long-term conservation of 
     coastal ecosystems.''.

     SEC. 387E. CHANGES IN DEFINITIONS.

       Section 304 (16 U.S.C. 1453) is amended--
       (1) by striking ``and the Trust Territories of the Pacific 
     Islands,'' in paragraph (4);
       (2) in paragraph (6)--
       (A) by inserting ``(ix) use or reuse of facilities 
     authorized under the Outer Continental Shelf Lands Act (43 
     U.S.C. 1331 et seq.) for energy-related purposes or other 
     authorized marine related purposes;'' after ``transmission 
     facilities;''; and
       (B) by striking ``and (ix)'' and inserting ``and (x);
       (3) by striking paragraph (8) and inserting the following:
       ``(8) The terms `estuarine reserve' and `estuarine research 
     reserve' mean a coastal protected area that--
       ``(A) may include any part or all of an estuary and any 
     island, transitional area, and upland in, adjoining, or 
     adjacent to the estuary;
       ``(B) constitutes to the extent feasible a natural unit; 
     and
       ``(C) is established to provide long-term opportunities for 
     conducting scientific studies and monitoring and educational 
     and training programs that improve the understanding, 
     stewardship, and management of estuaries and improve coastal 
     decisionmaking.'';
       (4) by inserting ``plans, strategies,'' after ``policies,'' 
     in paragraph (12);
       (5) in paragraph (13)--
       (A) by inserting ``or alternative energy sources on or'' 
     after ``natural gas'';
       (B) by striking ``new or expanded'' and inserting ``new, 
     reused, or expanded''; and
       (C) by striking ``or production.'' and inserting 
     ``production, or other energy related purposes.'';
       (6) by inserting ``incentives, guidelines,'' after 
     ``policies,'' in paragraph (17); and
       (7) by adding at the end the following:
       ``(19) The term `coastal nonpoint pollution control 
     strategies and measures' means strategies and measures 
     included as part of the coastal nonpoint pollution control 
     program under section 6217 of the Coastal Zone Act 
     Reauthorization Amendments of 1990 (16 U.S.C. 1455b).
       ``(20) The term `qualified local entity' means--
       ``(A) any local government;
       ``(B) any areawide agency referred to in section 204(a)(1) 
     of the Demonstration Cities and Metropolitan Development Act 
     of 1966 (42 U.S.C. 3334 (a)(1));
       ``(C) any regional agency;
       ``(D) any interstate agency;
       ``(E) any nonprofit organization; or
       ``(F) any reserve established under section 315.''.

     SEC. 387F. REAUTHORIZATION OF MANAGEMENT PROGRAM DEVELOPMENT 
                   GRANTS.

       Section 305 (16 U.S.C. 1454) is amended to read as follows:

     ``SEC. 305. MANAGEMENT PROGRAM DEVELOPMENT GRANTS.

       ``(a) States Without Programs.--In fiscal years 2006 and 
     2007, the Secretary may make a grant annually to any coastal 
     state without an approved program if the coastal state 
     demonstrates to the satisfaction of the Secretary that the 
     grant will be used to develop a management program consistent 
     with the requirements set forth in section 306. The amount of 
     any such grant shall not exceed $200,000 in any fiscal year, 
     and shall require State matching funds according to a 4-to-1 
     ratio of Federal-to-State contributions. After an initial 
     grant is made to a coastal state under this subsection, no 
     subsequent grant may be made to that coastal state under this 
     subsection unless the Secretary finds that the coastal state 
     is satisfactorily developing its management program. No 
     coastal state is eligible to receive more than 4 grants under 
     this subsection.
       ``(b) Submittal of Program for Approval.--A coastal state 
     that has completed the development of its management program 
     shall submit the program to the Secretary for review and 
     approval under section 306.''.

     SEC. 387G. ADMINISTRATIVE GRANTS.

       (a) Purposes.--Section 306(a) (16 U.S.C. 1455(a)) is 
     amended by striking ``administering that State's management 
     program'' and inserting ``administering and implementing that 
     State's management program and any plans, projects, or 
     activities developed pursuant to such program, including 
     developing and implementing applicable coastal nonpoint 
     pollution control program components,''.
       (b) Equitable Allocation of Funding.--Section 306(c) (16 
     U.S.C. 1455(c)) is amended by adding at the end thereof ``In 
     promoting equity, the Secretary shall consider the overall 
     change in grant funding under this section from the preceding 
     fiscal year and minimize the relative increases or decreases 
     among all the eligible States. The Secretary shall ensure 
     that each eligible State receives increased funding under 
     this section in any fiscal year for which the total amount 
     appropriated to carry out this section is greater than the 
     total amount appropriated to carry out this section for the 
     preceding fiscal year.
       (c) Acquisition Criteria.--Section 306(d)(10)(B) (16 U.S.C. 
     1455(d)(10)(B)) is amended by striking ``less than fee 
     simple'' and inserting ``other''.
       (d) Conforming Amendment.--Section 306(d)(13)(B) (16 U.S.C. 
     1455(d)(13)(B)) is amended by inserting ``policies, plans, 
     strategies,'' after ``specific''.

     SEC. 387H. COASTAL RESOURCE IMPROVEMENT PROGRAM.

       Section 306A (16 U.S.C. 1455a) is amended--
       (1) by inserting ``or other important coastal habitats'' in 
     subsection (b)(1)(A) after ``306(d)(9)'';
       (2) by inserting ``or historic'' in subsection (b)(2) after 
     ``urban'';
       (3) by adding at the end of subsection (b) the following:
       ``(5) The coordination and implementation of approved 
     coastal nonpoint pollution control plans, strategies, and 
     measures.
       ``(6) The preservation, restoration, enhancement or 
     creation of coastal habitats.'';
       (4) by inserting ``planning,'' before ``engineering'' in 
     subsection (c)(2)(D);
       (5) by striking ``and'' after the semicolon in subsection 
     (c)(2)(D);
       (6) by striking ``section.'' in subsection (c)(2)(E) and 
     inserting ``section;'';
       (7) by adding at the end of subsection (c)(2) the 
     following:
       ``(F) work, resources, or technical support necessary to 
     preserve, restore, enhance, or create coastal habitats; and
       ``(G) the coordination and implementation of approved 
     coastal nonpoint pollution control plans, strategies, 
     measures.''; and
       (8) by striking subsections (d), (e), and (f) and inserting 
     after subsection (c) the following:
       ``(d) Source of Federal Grants; State Matching 
     Contributions.--
       ``(1) In general.--If a coastal state chooses to fund a 
     project under this section, then--
       ``(A) it shall submit to the Secretary a combined 
     application for grants under this section and section 306;
       ``(B) it shall match the combined amount of such grants in 
     the ratio required by section 306(a) for grants under that 
     section; and
       ``(C) the Federal funding for the project shall be a 
     portion of that state's annual allocation under section 
     306(a).
       ``(2) Use of funds.--Grants provided under this section may 
     be used to pay a coastal state's share of costs required 
     under any other Federal program that is consistent with the 
     purposes of this section.
       ``(e) Allocation of Grants to Qualified Local Entity.--With 
     the approval of the Secretary, the eligible coastal state may 
     allocate to a qualified local entity a portion of any grant 
     made under this section for the purpose of carrying out this 
     section; except that such an allocation shall not relieve 
     that state of the responsibility for ensuring that any funds 
     so allocated are applied in furtherance of the state's 
     approved management program.
       ``(f) Assistance.--The Secretary shall assist eligible 
     coastal states in identifying and obtaining from other 
     Federal agencies technical and financial assistance in 
     achieving the objectives set forth in subsection (b).''.

     SEC. 387I. CERTAIN FEDERAL AGENCY ACTIVITIES.

       Section 307(c)(1) (16 U.S.C. 1456(c)(1)) is amended by 
     adding at the end the following:
       ``(D) The provisions of paragraph (1)(A), and implementing 
     regulations thereunder,

[[Page S7321]]

     with respect to a Federal agency activity inland of the 
     coastal zone of the State of Alaska apply only if the 
     activity directly and significantly affects a land or water 
     use or a natural resource of the Alaskan coastal zone.''.

     SEC. 387J. COASTAL ZONE MANAGEMENT FUND.

       (a) Treatment of Loan Repayments.--Section 308(a)(2) (16 
     U.S.C. 1456a(a)(2)) is amended to read as follows:
       ``(2) Loan repayments made under this subsection shall be 
     retained by the Secretary and deposited into the Coastal Zone 
     Management Fund established under subsection (b) and shall be 
     made available to the States for grants as under subsection 
     (b)(2).
       (b) Use of Amounts in Fund.--Section 308(b) (16 U.S.C. 
     1456a(b)) is amended by striking paragraphs (2) and (3) and 
     inserting the following:
       ``(2) Subject to appropriation Acts, amounts in the Fund 
     shall be available to the Secretary to make grants to the 
     States for--
       ``(A) projects to address coastal and ocean management 
     issues which are regional in scope, including intrastate and 
     interstate projects; and
       ``(B) projects that have high potential for improving 
     coastal zone and watershed management.
       ``(3) Projects funded under this subsection shall apply an 
     integrated, watershed-based management approach and advance 
     the purpose of this Act to preserve, protect, develop, and 
     where possible, to restore or enhance, the resources of the 
     Nation's coastal zone for this and succeeding generations.''.

     SEC. 387K. COASTAL ZONE ENHANCEMENT GRANTS.

       Section 309 (16 U.S.C. 1456b) is amended--
       (1) by striking subsection (a)(1) and inserting the 
     following:
       ``(1) Protection, restoration, enhancement, or creation of 
     coastal habitats, including wetlands, coral reefs, marshes, 
     and barrier islands.'';
       (2) by inserting ``and removal'' after ``entry'' in 
     subsection (a)(4);
       (3) by striking ``on various individual uses or activities 
     on resources, such as coastal wetlands and fishery 
     resources.'' in subsection (a)(5) and inserting ``of various 
     individual uses or activities on coastal waters, habitats, 
     and resources, including sources of polluted runoff.'';
       (4) by adding at the end of subsection (a) the following:
       ``(10) Development and enhancement of coastal nonpoint 
     pollution control program components, strategies, and 
     measures, including the satisfaction of conditions placed on 
     such programs as part of the Secretary's approval of the 
     programs.
       ``(11) Significant emerging coastal issues as identified by 
     coastal states, in consultation with the Secretary and 
     qualified local entities.'';
       (5) by striking ``changes'' and inserting ``changes, or for 
     projects that demonstrate significant potential for improving 
     ocean resource management or integrated coastal and watershed 
     management at the local, state or regional level,'';
       (6) by striking ``proposals, taking into account the 
     criteria established by the Secretary under subsection (d).'' 
     in subsection (c) and inserting ``proposals.'';
       (7) by striking subsection (d) and redesignating subsection 
     (e) as subsection (d);
       (8) by striking ``in implementing this section, up to a 
     maximum of $10,000,000 annually'' in subsection (f) and 
     inserting ``for grants to the States.''; and
       (9) by redesignating subsections (f) and (g) as subsections 
     (e) and (f), respectively.

     SEC. 387L. COASTAL COMMUNITY PROGRAM.

       The Act is amended by inserting after section 309 the 
     following:

     ``SEC. 309A. COASTAL COMMUNITY PROGRAM.

       ``(a) Coastal Community Grants.--The Secretary may make 
     grants to any coastal state that is eligible under subsection 
     (b)--
       ``(1) to assist coastal communities in assessing and 
     managing growth, public infrastructure, and open space needs 
     in order to provide for sustainable growth, resource 
     protection and community revitalization;
       ``(2) to provide management-oriented research and technical 
     assistance in developing and implementing community-based 
     growth management and resource protection strategies in 
     qualified local entities;
       ``(3) to fund demonstration projects which have high 
     potential for improving coastal zone management at the local 
     level;
       ``(4) to assist in the adoption of plans, strategies, 
     policies, or procedures to support local community-based 
     environmentally-protective solutions to the impacts and 
     pressures on coastal uses and resources caused by development 
     and sprawl that will--
       ``(A) revitalize previously developed areas;
       ``(B) undertake conservation activities and projects in 
     undeveloped and environmentally sensitive areas;
       ``(C) emphasize water-dependent uses; and
       ``(D) protect coastal waters and habitats; and
       ``(5) to assist coastal communities to coordinate and 
     implement approved coastal nonpoint pollution control 
     strategies and measures that reduce the causes and impacts of 
     polluted runoff on coastal waters and habitats.''.
       ``(b) Eligibility.--To be eligible for a grant under this 
     section for a fiscal year, a coastal state shall--
       ``(1) have a management program approved under section 306; 
     and
       ``(2) in the judgment of the Secretary, be making 
     satisfactory progress in activities designed to result in 
     significant improvement in achieving the coastal management 
     objectives specified in section 303(2)(A) through (K).
       ``(c) Allocations; Source of Federal Grants; State Matching 
     Contributions.--
       ``(1) Allocation.--Grants under this section shall be 
     allocated to coastal states as provided in section 306(c).
       ``(2) Application; matching.--If a coastal state chooses to 
     fund a project under this section, then--
       ``(A) it shall submit to the Secretary a combined 
     application for grants under this section and section 306; 
     and
       ``(B) it shall match the amount of the grant under this 
     section on the basis of a total contribution of section 306, 
     306A, and this section so that, in aggregate, the match is 
     1:1.
       ``(d) Allocation of Grants to Qualified Local Entity.--
       ``(1) In general.--With the approval of the Secretary, the 
     eligible coastal state may allocate to a qualified local 
     entity amounts received by the state under this section.
       ``(2) Assurances.--A coastal state shall ensure that 
     amounts allocated by the state under paragraph (1) are used 
     by the qualified local entity in furtherance of the state's 
     approved management program, specifically furtherance of the 
     coastal management objectives specified in section 303(2).
       ``(e) Assistance.--The Secretary shall assist eligible 
     coastal states and qualified local entities in identifying 
     and obtaining from other Federal agencies technical and 
     financial assistance in achieving the objectives set forth in 
     subsection (a).''.

     SEC. 387M. TECHNICAL ASSISTANCE; RESOURCES ASSESSMENTS; 
                   INFORMATION SYSTEMS.

       (a) In General.--Section 310 (16 U.S.C. 1456c) is amended--
       (1) by inserting ``(1)'' before ``The Secretary'' in 
     subsection (a);
       (2) by striking ``assistance'' in subsection (a) and 
     inserting ``assistance, technology and methodology 
     development, training and information transfer, resources 
     assessment, and'';
       (3) by adding at the end of subsection (a) the following:
       ``(2) Each department, agency, and instrumentality of the 
     executive branch of the Federal Government may assist the 
     Secretary, on a reimbursable basis or otherwise, in carrying 
     out the purposes of this section, including the furnishing of 
     information to the extent permitted by law, the transfer of 
     personnel with their consent and without prejudice to their 
     position and rating, and the performance of any research, 
     study, and technical assistance which does not interfere with 
     the performance of the primary duties of such department, 
     agency, or instrumentality. The Secretary may enter into 
     contracts or other arrangements with any qualified person for 
     the purposes of carrying out this subsection.'';
       (4) by striking ``and research activities,'' in subsection 
     (b)(1) and inserting ``research activities, and other support 
     services and activities'';
       (5) by inserting after ``Secretary.'' in subsection (b)(1) 
     the following: ``The Secretary may conduct a program to 
     develop and apply innovative coastal and estuarine 
     environmental technology and methodology through a 
     cooperative program, and to support the development, 
     application, training and technical assistance, and transfer 
     of effective coastal management practices. The Secretary may 
     make extramural grants in carrying out the purpose of this 
     subsection.'';
       (6) by inserting after ``section.'' in subsection (b)(3) 
     the following: ``The Secretary shall establish regional 
     advisory committees including representatives of the 
     Governors of each state within the region, universities, 
     colleges, coastal and marine laboratories, Sea Grant College 
     programs within the region and representatives from the 
     private and public sector with relevant expertise. The 
     Secretary will report to the regional advisory committees on 
     activities undertaken by the Secretary and other agencies 
     pursuant to this section, and the regional advisory 
     committees shall identify research, technical assistance and 
     information needs and priorities. The regional advisory 
     committees are not subject to the requirements of the Federal 
     Advisory Committee Act (5 U.S.C. App.).''; and
       (7) by adding at the end the following:
       ``(c)(1) The Secretary shall consult with the regional 
     advisory committees concerning the development of a coastal 
     resources assessment and information program to support 
     development and maintenance of integrated coastal resource 
     assessments of state natural, cultural and economic 
     attributes, and coastal information programs for the 
     collection and dissemination of data and information, product 
     development, and outreach based on the needs and priorities 
     of coastal and ocean managers and user groups.
       ``(2) The Secretary shall assist coastal states in 
     identifying and obtaining financial and technical assistance 
     from other Federal agencies and may make grants to states in 
     carrying out the purpose of this section and to provide 
     ongoing support for state resource assessment and information 
     programs.''.
       (b) Conforming Amendment.--The section heading for section 
     310 (16 U.S.C. 1456c) is amended to read as follows:

[[Page S7322]]

     ``SEC. 310. TECHNICAL ASSISTANCE, RESOURCES ASSESSMENTS, AND 
                   INFORMATION SYSTEMS.

     SEC. 387N. PERFORMANCE REVIEW.

       Section 312(a) (16 U.S.C. 1458(a)) is amended--
       (1) by striking ``continuing review of the performance'' 
     and inserting ``periodic review, no less frequently than 
     every 5 years, of the administration, implementation, and 
     performance'';
       (2) by striking ``management.'' and inserting ``management 
     programs.'';
       (3) by striking ``has implemented and enforced'' and 
     inserting ``has effectively administered, implemented, and 
     enforced'';
       (4) by striking ``addressed the coastal management needs 
     identified'' and inserting ``furthered the national coastal 
     policies and objectives set forth'' after ``Secretary,''; and
       (5) by inserting ``coordinated with National Estuarine 
     Research Reserves in the state'' after ``303(2)(A) through 
     (K),''.

     SEC. 387O. WALTER B. JONES AWARDS.

       Section 314 (16 U.S.C. 1460) is amended--
       (1) by striking ``shall, using sums in the Coastal Zone 
     Management Fund established under section 308'' in subsection 
     (a) and inserting ``may, using sums available under this 
     Act'';
       (2) by striking ``field.'' in subsection (a) and inserting 
     the following: ``field of coastal zone management. These 
     awards, to be known as the `Walter B. Jones Awards', may 
     include--
       ``(1) cash awards in an amount not to exceed $5,000 each;
       ``(2) research grants; and
       ``(3) public ceremonies to acknowledge such awards.'';
       (3) by striking ``shall elect annually--'' in subsection 
     (b) and inserting ``may select annually if funds are 
     available under subsection (a)--''; and
       (4) by striking subsection (e).

     SEC. 387P. NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM.

       (a) Section 315(a) (16 U.S.C. 1461(a)) is amended by 
     striking ``consists of--'' and inserting ``is a network of 
     areas protected by Federal, state, and community partnerships 
     which promotes informed management of the Nation's estuarine 
     and coastal areas through interconnected programs in resource 
     stewardship, education and training, monitoring, research, 
     and scientific understanding consisting of--''.
       (b) Section 315(b)(2) ((16 U.S.C. 1461(b)(2)) is amended--
       (1) by inserting ``for each coastal state or territory'' 
     after ``research'' in subparagraph (A);
       (2) by striking ``public awareness and'' in subparagraph 
     (C) and inserting ``state coastal management, public 
     awareness, and''; and
       (3) by striking ``public education and interpretation; 
     and''; in subparagraph (C) and inserting ``education, 
     interpretation, training, and demonstration projects; and''.
       (c) Section 315(c) (16 U.S.C. 1461(c)) is amended--
       (1) by striking ``Research'' in the subsection caption and 
     inserting ``Research, Education, and Resource Stewardship'';
       (2) by striking ``conduct of research'' and inserting 
     ``conduct of research, education, and resource stewardship'';
       (3) by striking ``coordinated research'' in paragraph (1)) 
     and inserting ``coordinated research, education, and resource 
     stewardship'';
       (4) by striking ``research'' before ``principles'' in 
     paragraph (2);
       (5) by striking ``research programs'' in paragraph (2) and 
     inserting ``research, education, and resource stewardship 
     programs'';
       (6) by striking ``research'' before ``methodologies'' in 
     paragraph (3);
       (7) by striking ``data,'' in paragraph (3) and inserting 
     ``information,'';
       (8) by striking ``research'' before ``results'' in 
     paragraph (3);
       (9) by striking ``research purposes;'' in paragraph (3) and 
     inserting ``research, education, and resource stewardship 
     purposes;'';
       (10) by striking ``research efforts'' in paragraph (4) and 
     inserting ``research, education, and resource stewardship 
     efforts'';
       (11) by striking ``research'' in paragraph (5) and 
     inserting ``research, education, and resource stewardship''; 
     and
       (12) by striking ``research'' in the last sentence.
       (d) Section 315(d) (16 U.S.C. 1461(d)) is amended--
       (1) by striking ``Estuarine Research.--'' in the subsection 
     caption and inserting ``Estuarine Research, Education, and 
     Resource Stewardship.--'';
       (2) by striking ``research purposes'' and inserting 
     ``research, education, and resource stewardship purposes'';
       (3) by striking paragraph (1) and inserting the following:
       ``(1) giving reasonable priority to research, education, 
     and stewardship activities that use the System in conducting 
     or supporting activities relating to estuaries; and'';
       (4) by striking ``research.'' in paragraph (2) and 
     inserting ``research, education, and resource stewardship 
     activities.''; and
       (5) by adding at the end thereof the following:
       ``(3) establishing partnerships with other Federal and 
     state estuarine management programs to coordinate and 
     collaborate on estuarine research.''.
       (e) Section 315(e) (16 U.S.C. 1461(e)) is amended--
       (1) by striking ``reserve,'' in paragraph (1)(A)(i) and 
     inserting ``reserve; and'';
       (2) by striking ``and constructing appropriate reserve 
     facilities, or'' in paragraph (1)(A)(ii) and inserting 
     ``including resource stewardship activities and constructing 
     reserve facilities; and'';
       (3) by striking paragraph (1)(A)(iii);
       (4) by striking paragraph (1)(B) and inserting the 
     following:
       ``(B) to any coastal state or public or private person for 
     purposes of--
       ``(i) supporting research and monitoring associated with a 
     national estuarine reserve that are consistent with the 
     research guidelines developed under subsection (c); or
       ``(ii) conducting educational, interpretive, or training 
     activities for a national estuarine reserve that are 
     consistent with the education guidelines developed under 
     subsection (c).'';
       (5) by striking ``therein or $5,000,000, whichever amount 
     is less.'' in paragraph (3)(A) and inserting ``therein. Non-
     Federal costs associated with the purchase of any lands and 
     waters, or interests therein, which are incorporated into the 
     boundaries of a reserve up to 5 years after the costs are 
     incurred, may be used to match the Federal share.'';
       (6) by striking ``and (iii)'' in paragraph (3)(B);
       (7) by striking ``paragraph (1)(A)(iii)'' in paragraph 
     (3)(B) and inserting ``paragraph (1)(B)'';
       (8) by striking ``entire System.'' in paragraph (3)(B) and 
     inserting ``System as a whole.''; and
       (9) by adding at the end thereof the following:
       ``(4) The Secretary may--
       ``(A) enter into cooperative agreements, financial 
     agreements, grants, contracts, or other agreements with any 
     nonprofit organization, authorizing the organization to 
     solicit donations to carry out the purposes and policies of 
     this section, other than general administration of reserves 
     or the System and which are consistent with the purposes and 
     policies of this section; and
       ``(B) accept donations of funds and services for use in 
     carrying out the purposes and policies of this section, other 
     than general administration of reserves or the System and 
     which are consistent with the purposes and policies of this 
     section.

     Donations accepted under this section shall be considered as 
     a gift or bequest to or for the use of the United States for 
     the purpose of carrying out this section.''.
       (f) Section 315(f)(1) (16 U.S.C. 1461(f)(1)) is amended by 
     inserting ``coordination with other state programs 
     established under sections 306 and 309A,'' after 
     ``including''.

     SEC. 387Q. COASTAL ZONE MANAGEMENT REPORTS.

       Section 316 (16 U.S.C. 1462) is amended--
       (1) by striking ``to the President for transmittal'' in 
     subsection (a);
       (2) by striking ``zone and an evaluation of the 
     effectiveness of financial assistance under section 308 in 
     dealing with such consequences;'' and inserting ``zone;'' in 
     the provision designated as (10) in subsection (a);
       (3) by inserting ``education,'' after the ``studies,'' in 
     the provision designated as (12) in subsection (a);
       (4) by striking ``Secretary'' in the first sentence of 
     subsection (c)(1) and inserting ``Secretary, in consultation 
     with coastal states, and with the participation of affected 
     Federal agencies,'';
       (5) by striking the second sentence of subsection (c)(1) 
     and inserting the following: ``The Secretary, in conducting 
     such a review, shall coordinate with, and obtain the views 
     of, appropriate Federal agencies.'';
       (6) by striking ``shall promptly'' in subsection (c)(2) and 
     inserting ``shall, within 4 years after the date of enactment 
     of the Coastal Zone Enhancement Reauthorization Act of 
     2005,''; and
       (7) by adding at the end of subsection (c)(2) the 
     following: ``If sufficient funds and resources are not 
     available to conduct such a review, the Secretary shall so 
     notify the Congress.''.

     SEC. 387R. AUTHORIZATION OF APPROPRIATIONS.

       Section 318 (16 U.S.C. 1464) is amended--
       (1) by striking paragraphs (1) and (2) of subsection (a) 
     and inserting the following:
       ``(1) for grants under sections 306, 306A, and 309--
       ``(A) $90,500,000 for fiscal year 2006,
       ``(B) $94,000,000 for fiscal year 2007,
       ``(C) $98,000,000 for fiscal year 2008,
       ``(D) $102,000,000 for fiscal year 2009, and
       ``(E) $106,000,000 for fiscal year 2010;
       ``(2) for grants under section 309A--
       ``(A) $29,000,000 for fiscal year 2006,
       ``(B) $30,000,000 for fiscal year 2007,
       ``(C) $31,000,000 for fiscal year 2008,
       ``(D) $32,000,000 for fiscal year 2009, and
       ``(E) $32,000,000 for fiscal year 2010,
     of which $10,000,000, or 35 percent, whichever is less, shall 
     be for purposes set forth in section 309A(a)(5);
       ``(3) for grants under section 315--
       ``(A) $37,000,000 for fiscal year 2006,
       ``(B) $38,000,000 for fiscal year 2007,
       ``(C) $39,000,000 for fiscal year 2008,
       ``(D) $40,000,000 for fiscal year 2009, and
       ``(E) $41,000,000 for fiscal year 2010,

     of which up to $15,000,000 may be used by the Secretary in 
     each of fiscal years 2006 through 2010 for grants to fund 
     construction and acquisition projects at estuarine reserves 
     designated under section 315;
       ``(4) for costs associated with administering this title, 
     $7,500,000 for fiscal year 2006 and such sums as are 
     necessary for fiscal years 2007 through 2010.''; and
       ``(5) for grants under section 310 to support State pilot 
     projects to implement resource

[[Page S7323]]

     assessment and information programs, $6,000,000 for each of 
     fiscal years 2006 and 2007.'';
       (2) by striking ``306 or 309.'' in subsection (b) and 
     inserting ``306.'';
       (3) by striking ``during the fiscal year, or during the 
     second fiscal year after the fiscal year, for which'' in 
     subsection (c) and inserting ``within 3 years from when'';
       (4) by striking ``under the section for such reverted 
     amount was originally made available.'' in subsection (c) and 
     inserting ``to states under this Act.''; and
       (5) by adding at the end thereof the following:
       ``(d) Purchase of Otherwise Unavailable Federal Products 
     and Services.--Federal funds allocated under this title may 
     be used by grantees to purchase Federal products and services 
     not otherwise available.
       ``(e) Restrictions on Use of Amounts.--
       ``(1) Use of amounts for program, administrative, or 
     overhead costs.--Except for funds appropriated under 
     subsection (a)(4), shall not be available for other program, 
     administrative, or overhead costs of the National Oceanic and 
     Atmospheric Administration or the Department of Commerce.
       ``(2) Grants to states.--Funds appropriated pursuant to 
     subsections (a)(1) and (a)(2) shall be made available only 
     for grants to States.''.

     SEC. 387S. DEADLINE FOR DECISION ON APPEALS OF CONSISTENCY 
                   DETERMINATION.

       (a) In General.--Section 319 (16 U.S.C. 1465) is amended to 
     read as follows:

     ``SEC. 319. APPEALS TO THE SECRETARY.

       ``(a) Notice.--Not later than 30 days after the date of the 
     filing of an appeal to the Secretary of a consistency 
     determination under section 307, the Secretary shall publish 
     an initial notice in the Federal Register.
       ``(b) Closure of Record.--
       ``(1) In general.--Not later than the end of the 270-day 
     period beginning on the date of publication of an initial 
     notice under subsection (a), except as provided in paragraph 
     (3), the Secretary shall immediately close the decision 
     record and receive no more filings on the appeal.
       ``(2) Notice.--After closing the administrative record, the 
     Secretary shall immediately publish a notice in the Federal 
     Register that the administrative record has been closed.
       ``(3) Exception.--
       ``(A) In general.--Subject to subparagraph (B), during the 
     270-day period described in paragraph (1), the Secretary may 
     stay the closing of the decision record--
       ``(i) for a specific period mutually agreed to in writing 
     by the appellant and the State agency; or
       ``(ii) as the Secretary determines necessary to receive, on 
     an expedited basis--

       ``(I) any supplemental information specifically requested 
     by the Secretary to complete a consistency review under this 
     Act; or
       ``(II) any clarifying information submitted by a party to 
     the proceeding related to information already existing in the 
     sole record.

       ``(B) Applicability.--The Secretary may only stay the 270-
     day period described in paragraph (1) for a period not to 
     exceed 60 days.
       ``(c) Deadline for Decision.--
       ``(1) In general.--Not later than 90 days after the date of 
     publication of a Federal Register notice stating when the 
     decision record for an appeal has been closed, the Secretary 
     shall issue a decision or publish a notice in the Federal 
     Register explaining why a decision cannot be issued at that 
     time.
       ``(2) Subsequent decision.--Not later than 45 days after 
     the date of publication of a Federal Register notice 
     explaining why a decision cannot be issued within the 90-day 
     period, the Secretary shall issue a decision.''.

     SEC. 387T. SENSE OF CONGRESS.

       It is the sense of Congress that the Undersecretary for 
     Oceans and Atmosphere should re-evaluate the calculation of 
     shoreline mileage used in the distribution of funding under 
     the Coastal Zone Management Program to ensure equitable 
     treatment of all regions of the coastal zone, including the 
     Southeastern States and the Great Lakes States.
                                 ______
                                 
  SA 990. Mr. KYL (for himself, Mr. Lugar, Mr. Lott, and Mr. Schumer) 
submitted an amendment intended to be proposed by him to the bill H.R. 
6, to ensure jobs for our future with secure, affordable, and reliable 
energy; as follows:

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

     SEC. 621. MEDICAL ISOTOPE PRODUCTION: NONPROLIFERATION, 
                   ANTITERRORISM, AND RESOURCE REVIEW.

       (a) Definitions.--In this section:
       (1) Highly enriched uranium for medical isotope 
     production.--The term ``highly enriched uranium for medical 
     isotope production'' means highly enriched uranium contained 
     in, or for use in, targets to be irradiated for the sole 
     purpose of producing medical isotopes.
       (2) Medical isotopes.--The term ``medical isotopes'' means 
     radioactive isotopes, including molybdenum-99, that are used 
     to produce radiopharmaceuticals for diagnostic or therapeutic 
     procedures on patients.
       (b) Study.--
       (1) In general.--Not later than 60 days after the date of 
     enactment of this Act, the Secretary shall enter into an 
     arrangement with the National Academy of Sciences for the 
     conduct of a study of issues associated with section 134 of 
     the Atomic Energy Act of 1954 (42 U.S.C. 2160d), including 
     issues associated with the implementation of that section.
       (2) Contents.--The study shall include an analysis of--
       (A) the effectiveness to date of section 134 of the Atomic 
     Energy Act of 1954 (42 U.S.C. 2160d) in facilitating the 
     conversion of foreign reactor fuel and targets to low-
     enriched uranium, which reduces the risk that highly enriched 
     uranium will be diverted and stolen;
       (B) the degree to which isotope producers that rely on 
     United States highly enriched uranium are complying with the 
     intent of section 134 of the Atomic Energy Act of 1954 (42 
     U.S.C. 2160d) to expeditiously convert targets to low-
     enriched uranium;
       (C) the adequacy of physical protection and material 
     control and accounting measures at foreign facilities that 
     receive United States highly enriched uranium for medical 
     isotope production, in comparison to Nuclear Regulatory 
     Commission regulations and Department administrative 
     requirements;
       (D) the likely consequences of an exemption of highly 
     enriched uranium exports for medical isotope production from 
     section 134(a) of the Atomic Energy Act of 1954 (42 U.S.C. 
     2160d(a)) for--
       (i) United States efforts to eliminate highly enriched 
     uranium commerce worldwide through the support of the Reduced 
     Enrichment in Research and Test Reactors program; and
       (ii) other United States nonproliferation and antiterrorism 
     initiatives;
       (E) incentives that could supplement the incentives of 
     section 134 of the Atomic Energy Act of 1954 (42 U.S.C. 
     2160d) to further encourage foreign medical isotope producers 
     to convert from highly enriched uranium to low-enriched 
     uranium;
       (F) whether implementation of section 134 of the Atomic 
     Energy Act of 1954 (42 U.S.C. 2160d) has ever caused, or is 
     likely to cause, an interruption in the production and supply 
     of medical isotopes in needed quantities;
       (G) whether the United States supply of isotopes is 
     sufficiently diversified to withstand an interruption of 
     production from any 1 supplier, and, if not, what steps 
     should be taken to diversify United States supply; and
       (H) any other aspects of implementation of section 134 of 
     of the Atomic Energy Act of 1954 (42 U.S.C. 2160d) that have 
     a bearing on Federal nonproliferation and antiterrorism laws 
     (including regulations) and policies.
       (3) Timing; consultation.--The National Academy of Sciences 
     study shall be--
       (A) conducted in full consultation with the Secretary of 
     State, the staff of the Reduced Enrichment in Research and 
     Test Reactors program at Argonne National Laboratory, and 
     other interested organizations and individuals with expertise 
     in nuclear nonproliferation; and
       (B) submitted to Congress not later than 18 months after 
     the date of enactment of this Act.
                                 ______
                                 
  SA 991. Mr. ALLEN submitted an amendment intended to be proposed by 
him to the bill H.R. 6, to ensure jobs for our future with secure, 
affordable, and reliable energy; which was ordered to lie on the table; 
as follows:

     SEC. 13__. STUDY OF FEASIBILITY AND EFFECTS OF NATURAL GAS-
                   ONLY LEASING.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary of the Interior shall 
     initiate a study of the feasibility and effects of offering a 
     natural gas-only option as part of lease sales held in 
     accordance with the Outer Continental Shelf Lands Act (43 
     U.S.C. 1331 et seq.).
       (b) Subjects of the Study.--The study under this section 
     shall include--
       (1) an examination of what constitutes gas, condensate, and 
     oil;
       (2) an examination of what constitutes the rights and 
     obligations of a lessee regarding condensate produced in 
     association with a natural gas-only lease; and
       (3) an analysis of the potential effects of offering a 
     natural gas-only option as part of a lease sale on--
       (A) natural gas supplies;
       (B) total hydrocarbon production; and
       (C) industry interest.
       (c) Report.--Not later than 1 year after the date of 
     initiation of the study under this section, the Secretary 
     shall submit to Congress a report on the findings, 
     conclusion, and recommendations of the study.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.
                                 ______
                                 
  SA 992. Mr. COCHRAN submitted an amendment intended to be proposed by 
him to the bill H.R. 6, to ensure jobs for our future with secure, 
affordable, and reliable energy; which was ordered to lie on the table; 
as follows:

       Beginning on page 1, strike line 6 and all that follows 
     through page 2, line 3, and insert the following:
     Power Act (16 U.S.C. 824k(j)) is amended by striking 
     ``October 1, 1991'' and inserting ``April 1, 2005''.
                                 ______
                                 
  SA 993. Mr. CORZINE submitted an amendment intended to be proposed by 
him to the bill H.R. 6, to ensure jobs for our future with secure, 
affordable, and reliable energy; which was ordered to lie on the table; 
as follows:


[[Page S7324]]


       1. On page 3, Line 18-20, strike ``the consent of the 
     Governor of the State adjacent to the lease area, as 
     determined under section 18(i)(2)(B)(i),'' and replace with 
     ``the consent of the Governors and State Legislatures of all 
     other States in the Union''
       2. On page 4, after ``and'' insert ``the Governors of all 
     other States in the Union''
       3. On page 5, line 17, after ``any'' insert ``time and with 
     the consent of all other States in the Union''
       4. On page 10, Line 18, strike ``20 miles'' and replace 
     with ``4,000'' miles''
       5. On page 10, Line 25, strike ``20 miles'' and replace 
     with ``4,000'' miles''
       6. On page 11, strike lies 3-20
       7. On page 11, Line 9, strike ``25 percent'' and replace 
     with ``0.1 percent''
       8. On page 11, Line 14, strike ``25 percent'' and replace 
     with ``0.1 percent''
       19. On page 12, Line 2, strike ``12.5 percent'' and replace 
     with ``0.1 percent''
       10. On page 12, Line 4, strike ``$1,250,000,000'' and 
     replace with ``$500,000''
                                 ______
                                 
  SA 994. Mr. CORZINE submitted an amendment intended to be proposed by 
him to the bill H.R. 6, To ensure jobs for our future with secure, 
affordable, and reliable energy; which was ordered to lie on the table; 
as follows:

       On page 3, strike Line 18, and insert ``the consent of the 
     Governor and State Legislatures of all other states in the 
     Union''
                                 ______
                                 
  SA 995. Mr. CORZINE submitted an amendment intended to be proposed by 
him to the bill H.R. 6, to ensure jobs for our future with secure, 
affordable, and reliable energy; which was ordered to lie on the table; 
as follows:
       1. On page 3, Line 18-20, strike ``the consent of the 
     Governor of the State adjacent to the lease area, as 
     determined under section l8(i)(2)(B)(i),'' and replace with 
     ``the consent of the Governors and State Legislatures of all 
     other States in the Union''
       2. On page 4, after ``and'' insert'' the ``the Governors of 
     all other States in the Union''
       3. On page 5, line 17, after ``any'' insert ``time and with 
     the consent of all other States in the Union''
       4. On page 7, Line 14, strike ``may'' and replace with 
     ``may, with the consent of all other States in the Union,''
       5. On page 7, Line 18, replace ``State,'' with ``State.''
       6. On page 7, Lines 18-20, strike ``in accordance with the 
     lateral boundaries delineated under paragraph (2)(B)(i)
       7. On page 9, Line 13, strike ``without'' and replace with 
     ``with''
       8. On page 9, Line 14, strike ``with any State'' and 
     replace with ``with every State in the Union''
       9. On page 10, Line 16, strike ``20 miles'' and replace 
     with ``4,000'' miles''
       10. On page 10, Line 17, strike ``(or the boundaries of the 
     State as delineated under paragraph (2)(B)),''
       11. On page 10, Line 25, strike ``20 miles'' and replace 
     with ``4,000 miles''
       12. On page 11, strike lines 3-20
       13. On page 12, Line 2, strike ``12.5 percent'' and replace 
     with ``0.1 percent''
       14. On page 12, Line 4, strike ``$1,250,000,000'' and 
     replace with ``$500,000''
                                 ______
                                 
  SA 996. Mr. CORZINE submitted an amendment intended to be proposed by 
him to the bill H.R. 6, to ensure jobs for our future with secure, 
affordable, and reliable energy; which was ordered to lie on the table; 
as follows:
       1. On page 3, Line 18-20, strike ``the consent of the 
     Governor of the State adjacent to the lease area, as 
     determined under section 18(i)(2)(B)(i),'' and replace with 
     ``the consent of the Governors and State Legislatures of all 
     other States in the Union''
       2. On page 4, after ``and'' insert'' the ``the Governors of 
     all other States in the Union''
       3. On page 5, line 17, after ``any'' insert ``time and with 
     the consent of all other States in the Union''
       4. On page 7, Line 14, strike ``may'' and replace with 
     ``may, with the consent of all other States in the Union,''
       5. On page 7, Line 18, replace ``State,'' with ``State.''
       6. On page 7, Lines 18-20, strike ``in accordance with the 
     lateral boundaries delineated under paragraph (2)(B)(i)
       7. On page 9, Line 13, strike ``without'' and replace with 
     ``with''
       8. On page 9, Line 14, strike ``with any State'' and 
     replace with ``with every State in the Union''
       9. On page 10, Line 16, strike ``20 miles'' and replace 
     with ``4,000'' miles''
       10. On page 10, Line 17, strike ``(or the boundaries of the 
     State as delineated under paragraph (2)(B)),''
       11. On page 10, Line 25, strike ``20 miles'' and replace 
     with ``4,000 miles''
       12. On page 11, Line 9, strike ``25 percent'' and replace 
     with ``0.1 percent''
       13. On page 11, Line 14, strike ``25 percent'' and replace 
     with ``0.1 percent''
       14. On page 12, Line 2, strike ``12.5 percent'' and replace 
     with ``0.1 percent''
       15. On page 12, Line 4, strike ``$1,250,000,000'' and 
     replace with ``$500,000''
                                 ______
                                 
  SA 997. Mr. CORZINE submitted an amendment intended to be proposed by 
him to the bill H.R. 6, to ensure jobs for our future with secure, 
affordable, and reliable energy; which was ordered to lie on the table; 
as follows:

       1. On page 3, line 18-20, strike ``the consent of the 
     Governor of the State adjacent to the lease area, as 
     determined under section l8(i)(2)(B)(i),'' and replace with 
     ``the consent of the Governors and State Legislatures of all 
     other States in the Union with a coast''.
       2. On page 4, after ``and'' insert ``the Governors of all 
     other States in the Union with a coast''.
       3. On page 5, line 17, after ``any'' insert ``time and with 
     the consent of all other States in the Union with a coast''.
       4. On page 7, line 14, strike ``may'' and replace with 
     ``may, with the consent of all other States in the Union with 
     a coast''.
       5. On page 7, line 18, replace ``State,'' with ``State.''
       6. On page 7, lines 18-20, strike ``in accordance with the 
     lateral boundaries delineated under paragraph (2)(B)(i).
       7. On page 9, line 13, strike ``without'' and replace with 
     ``with''.
       8. On page 9, line 14, strike ``with any State'' and 
     replace with ``with every State in the Union with a coast''.
       9. On page 10, line 16, strike ``20 miles'' and replace 
     with ``4,000'' miles''.
       10. On page 10, line 17, strike ``(or the boundaries of the 
     State as delineated under paragraph (2)(B)),''.
       11. On page 10, line 25, strike ``20 miles'' and replace 
     with ``4,000 miles''.
       12. On page 11, line 9, strike ``25 percent'' and replace 
     with ``0.1 percent''.
       13. On page 11, line 14, strike ``25 percent'' and replace 
     with ``0.1 percent''.
       14. On page 12, line 2, strike ``12.5 percent'' and replace 
     with ``0.1 percent''.
       15. On page 12, line 4, strike ``$1,250,000,000'' and 
     replace with ``$500,000''.
                                 ______
                                 
  SA 998. Mr. CORZINE submitted an amendment intended to be proposed by 
him to the bill H.R. 6, to ensure jobs for our future with secure, 
affordable, and reliable energy; which was ordered to lie on the table; 
as follows:

       1. On page 3, line 18-20, strike ``the consent of the 
     Governor of the State adjacent to the lease area, as 
     determined under section 18(i)(2)(B)(i),'' and replace with 
     ``the consent of the Governors and State Legislatures of all 
     other States in the Union with a coast''.
       2. On page 4, after ``and'' insert ``the Governors of all 
     other States in the Union with a coast''.
       3. On page 5, line 17, after ``any'' insert ``time and with 
     the consent of all other States in the Union with a coast''.
       4. On page 7, line 14, strike ``may'' and replace with 
     ``may, with the consent of all other States in the Union with 
     a coast''.
       5. On page 7, line 18, replace ``State,'' with ``State.''
       6. On page 7, lines 18-20, strike ``in accordance with the 
     lateral boundaries delineated under paragraph (2)(B)(i).
       7. On page 9, line 13, strike ``without'' and replace with 
     ``with''.
       8. On page 9, line 14, strike ``with any State'' and 
     replace with ``with every State with a coast''.
       9. On page 10, line 16, strike ``20 miles'' and replace 
     with ``4,000'' miles''.
       10. On page 10, line 17, strike ``(or the boundaries of the 
     State as delineated under paragraph (2)(B))''.
       11. On page 10, line 25, strike ``20 miles'' and replace 
     with ``4,000 miles''.
       12. On page 11, line 9, strike ``25 percent'' and replace 
     with ``0.1 percent''.
       13. On page 11, line 14, strike ``25 percent'' and replace 
     with ``0.1 percent''.
       14. On page 12, line 2, strike ``12.5 percent'' and replace 
     with ``0.1 percent''.
       15. On page 12, line 4, strike ``$1,250,000,000'' and 
     replace with ``$500,000''.
                                 ______
                                 
  SA 999. Mr. COCHRAN submitted an amendment intended to be proposed by 
him to the bill H.R. 6, to ensure jobs for our future with secure, 
affordable, and reliable energy; which was ordered to lie on the table; 
as follows:

       Beginning on page 1, strike line 7: ``April 1, 2005'', and 
     insert ``October 1, 1991.''
                                 ______
                                 
  SA 1000. Mr. NELSON of Florida submitted an amendment intended to be 
proposed by him to the bill H.R. 6, to ensure jobs for our future with 
secure, affordable, and reliable energy; which was ordered to lie on 
the table; as follows:

       On page 12, strike line 16 and insert the following:
       ``(5) Moratoria opt out requirements.--Any State with a 
     legislative outer Continental Shelf moratorium on leasing, 
     pre-leasing, and related activities protecting Federal waters 
     adjoining the coastline of the State through the 
     congressional appropriations process as of January 1, 2002, 
     may opt out of the moratorium after the date of enactment of 
     the Energy Policy Act of 2005 with respect to any portion of 
     the coastal waters of the State only with--
       ``(A) the explicit concurrence of the Governor of the State 
     and the State legislature and the Governors and State 
     legislatures of the 2 coastal States adjoining the State; and
       ``(B) the concurrence of the Regional Fishery Management 
     Council with jurisdiction over the living marine resources in 
     Federal waters adjacent to the affected State.
       ``(6) Use of funds.--
       ``(A) In general.--Notwithstanding any other provision of 
     this subsection, any

[[Page S7325]]

     amount derived from lease bonuses or royalty payments under 
     this subsection conveyed to States and political subdivisions 
     of any producing State or any other State, shall only be used 
     for mitigation measures and environmental restoration 
     projects that--
       ``(i) have been subject to comprehensive review under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.) ; and
       ``(ii) specifically repair and restore the adverse physical 
     and pollution impacts of onshore and offshore oil and gas 
     facilities, transportation facilities, and related operations 
     associated with Federal offshore oil and gas leasing, 
     exploration, and development activities.
       ``(B) Limitation.--No funds made available to States or 
     political subdivisions under this or any related revenue-
     sharing subsection may be used for--
       ``(i) the construction, design, or permitting ofindustrial 
     infrastructure projects; or
       ``(ii) projects that further harm the coastal zone of the 
     affected State or any adjoining State or adjacent offshore 
     waters.
       ``(7) Liability.--
       ``(A) In general.--The State subject to an approved 
     petition under this subsection shall be liable for any 
     damages to coastal natural resources and ecosystems of 
     adjoining or nearby States resulting from offshore oil and 
     gas leasing, exploration, development, or transportation 
     activities conducted in any Federal or State portion of the 
     area of the outer Continental Shelf made available for 
     leasing under this subsection.
       ``(B) Indemnification.--The United States may not indemnify 
     a State from liability under this subsection.
       ``(8) Application.--This subsection shall not
                                 ______
                                 
  SA 1001. Mr. COCHRAN submitted an amendment intended to be proposed 
by him to the bill H.R. 6, to ensure jobs for our future with secure, 
affordable, and reliable energy; which was ordered to lie on the table; 
as follows:

       On page 159, after line 23, add the following:

     SEC. 211. WASTE-DERIVED ETHANOL AND BIODIESEL.

       Section 312(f)(1) of the Energy Policy Act of 1992 (42 
     U.S.C. 13220(f)(1)) is amended--
       (1) by striking ```biodiesel' means'' and inserting the 
     following: ```biodiesel'--
       ``(A) means''; and
       (2) in subparagraph (A) (as designated by paragraph (1)) by 
     striking ``and'' at the end and inserting the following:
       ``(B) includes ethanol and biodiesel derived from--
       ``(i) animal wastes, including poultry fats and poultry 
     wastes, and other waste materials; or
       ``(ii) municipal solid waste and sludges and oils derived 
     from wastewater and the treatment of wastewater; and''.
                                 ______
                                 
  SA 1002. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 2361, making appropriations for the Department of 
the Interior, environment, and related agencies for the fiscal year 
ending September 30, 2006, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. Notwithstanding any other provision of this Act, 
     each amount provided by this Act is reduced by 1.7 percent.
                                 ______
                                 
  SA 1003. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 2361, making appropriations for the Department of 
the Interior, environment, and related agencies for the fiscal year 
ending September 30, 2006, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. Any limitation, directive, or earmarking contained 
     in either the House or Senate report must also be included in 
     the conference report in order to be considered as having 
     been approved by both Houses of Congress.
                                 ______
                                 
  SA 1004. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 2361, making appropriations for the Department of 
the Interior, environment, and related agencies for the fiscal year 
ending September 30, 2006, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 233, line 9, strike ``126,264,000'' and insert 
     ``121,264,000''.
       On page 130, line 24, strike ``766,564,000'' and insert 
     ``771,564,000''.
                                 ______
                                 
  SA 1005. Mr. CRAIG (for Mr. Domenici (for himself and Mr. Bingaman)) 
proposed an amendment to the bill H.R. 6, to ensure jobs for our future 
with secure, affordable, and reliable energy; as follows:
       At the end of subtitle H of title II, add the following:

     SEC. 2__. ENERGY POLICY AND CONSERVATION TECHNICAL 
                   CORRECTION.

       Section 609(c)(4) of the Public Utility Regulatory Policies 
     Act of 1978 (as added by section 291) is amended by striking 
     ``of 1954 (42 U.S.C. 6303)'' and inserting ``(42 U.S.C. 
     6303(d))''.
                                 ______
                                 
  SA 1006. Mr. CRAIG (for Mr. Vitter) proposed an amendment to the bill 
H.R. 6, to ensure jobs for our future with secure, affordable, and 
reliable energy; as follows:

       On page 755, after line 25, insert the following:

     SEC. 13__. SCIENCE STUDY ON CUMULATIVE IMPACTS OF MULTIPLE 
                   OFFSHORE LIQUEFIED NATURAL GAS FACILITIES.

       (a) In General.--The Secretary (in consultation with the 
     National Oceanic Atmospheric Administration, the Commandant 
     of the Coast Guard, affected recreational and commercial 
     fishing industries and affected energy and transportation 
     stakeholders) shall carry out a study and compile existing 
     science (including studies and data) to determine the risks 
     or benefits presented by cumulative impacts of multiple 
     offshore liquefied natural gas facilities reasonably assumed 
     to be constructed in an area of the Gulf of Mexico using the 
     open-rack vaporization system.
       (b) Accuracy.--In carrying out subsection (a), the 
     Secretary shall verify the accuracy of available science and 
     develop a science-based evaluation of significant short-term 
     and long-term cumulative impacts, both adverse and 
     beneficial, of multiple offshore liquefied natural gas 
     facilities reasonably assumed to be constructed in an area of 
     the Gulf of Mexico using or proposing the open-rack 
     vaporization system on the fisheries and marine populations 
     in the vicinity of the facility.
                                 ______
                                 
  SA 1007. Mr. CRAIG (for Mr. Byrd) proposed an amendment to the bill 
H.R. 6, to ensure jobs for our future with secure, affordable, and 
reliable energy; as follows:

       Beginning on page 328, strike line 13 and all that follows 
     through page 337, line 6, and insert the following:

                Subtitle A--Clean Coal Power Initiative

     SEC. 401. AUTHORIZATION OF APPROPRIATIONS.

       (a) Clean Coal Power Initiative.--There is authorized to be 
     appropriated to the Secretary to carry out the activities 
     authorized by this subtitle $200,000,000 for each of fiscal 
     years 2006 through 2012, to remain available until expended.
       (b) Report.--Not later than March 31, 2006, the Secretary 
     shall submit to Congress a report that includes a 10-year 
     plan containing--
       (1) a detailed assessment of whether the aggregate 
     assistance levels provided under subsection (a) are the 
     appropriate assistance levels for the clean coal power 
     initiative;
       (2) a detailed description of how proposals for assistance 
     under the clean coal power initiative will be solicited and 
     evaluated, including a list of all activities expected to be 
     undertaken;
       (3) a detailed list of technical milestones for each coal 
     and related technology that will be pursued under the clean 
     coal power initiative; and
       (4) a detailed description of how the clean coal power 
     initiative will avoid problems enumerated in Government 
     Accountability Office reports on the Clean Coal Technology 
     Program of the Department, including problems that have 
     resulted in unspent funds and projects that failed either 
     financially or scientifically.

     SEC. 402. PROJECT CRITERIA.

       (a) In General.--To be eligible to receive assistance under 
     this subtitle, a project shall advance efficiency, 
     environmental performance, and cost competitiveness well 
     beyond the level of technologies that are in commercial 
     service or have been demonstrated on a scale that the 
     Secretary determines is sufficient to demonstrate that 
     commercial service is viable as of the date of enactment of 
     this Act.
       (b) Technical Criteria for Clean Coal Power Initiative.--
       (1) Gasification projects.--
       (A) In General.--In allocating the funds made available 
     under section 401(a), the Secretary shall ensure that at 
     least 80 percent of the funds are used only to fund projects 
     on coal-based gasification technologies, including--
       (i) gasification combined cycle;
       (ii) gasification fuel cells and turbine combined cycle;
       (iii) gasification coproduction; and
       (iv) hybrid gasification and combustion.
       (B) Technical milestones.--
       (i) Periodic determination.--

       (I) In general.--The Secretary shall periodically set 
     technical milestones specifying the emission and thermal 
     efficiency levels that coal gasification projects under this 
     subtitle shall be designed, and reasonably expected, to 
     achieve.
       (II) Prescriptive milestones.--The technical milestones 
     shall become more prescriptive during the period of the clean 
     coal power initiative.

       (ii) 2020 goals.--The Secretary shall establish the 
     periodic milestones so as to achieve by the year 2020 coal 
     gasification projects able--

       (I) to remove at least 99 percent of sulfur dioxide;
       (II) to emit not more than .05 lbs of NOx per 
     million Btu;
       (III) to achieve at least 95 percent reductions in mercury 
     emissions; and

[[Page S7326]]

       (IV) to achieve a thermal efficiency of at least--

       (aa) 50 percent for coal of more than 9,000 Btu;
       (bb) 48 percent for coal of 7,000 to 9,000 Btu; and
       (cc) 46 percent for coal of less than 7,000 Btu.
       (2) Other projects.--
       (A) Allocation of funds.--The Secretary shall ensure that 
     up to 20 percent of the funds made available under section 
     401(a) are used to fund projects other than those described 
     in paragraph (1).
       (B) Technical milestones.--
       (i) Periodic determination.--

       (I) In general.--The Secretary shall periodically establish 
     technical milestones specifying the emission and thermal 
     efficiency levels that projects funded under this paragraph 
     shall be designed, and reasonably expected, to achieve.
       (II) Prescriptive milestones.--The technical milestones 
     shall become more prescriptive during the period of the clean 
     coal power initiative.

       (ii) 2020 goals.--The Secretary shall set the periodic 
     milestones so as to achieve by the year 2020 projects able--

       (I) to remove at least 97 percent of sulfur dioxide;
       (II) to emit no more than .08 lbs of NOx per 
     million Btu;
       (III) to achieve at least 90 percent reductions in mercury 
     emissions; and
       (IV) to achieve a thermal efficiency of at least--

       (aa) 43 percent for coal of more than 9,000 Btu;
       (bb) 41 percent for coal of 7,000 to 9,000 Btu; and
       (cc) 39 percent for coal of less than 7,000 Btu.
       (3) Consultation.--Before setting the technical milestones 
     under paragraphs (1)(B) and (2)(B), the Secretary shall 
     consult with--
       (A) the Administrator of the Environmental Protection 
     Agency; and
       (B) interested entities, including--
       (i) coal producers;
       (ii) industries using coal;
       (iii) organizations that promote coal or advanced coal 
     technologies;
       (iv) environmental organizations;
       (v) organizations representing workers; and
       (vi) organizations representing consumers.
       (4) Existing units.--In the case of projects at units in 
     existence on the date of enactment of this Act, in lieu of 
     the thermal efficiency requirements described in paragraphs 
     (1)(B)(ii)(IV) and (2)(B)(ii)(IV), the milestones shall be 
     designed to achieve an overall thermal design efficiency 
     improvement, compared to the efficiency of the unit as 
     operated, of not less than--
       (A) 7 percent for coal of more than 9,000 Btu;
       (B) 6 percent for coal of 7,000 to 9,000 Btu; or
       (C) 4 percent for coal of less than 7,000 Btu.
       (5) Administration.--
       (A) Elevation of site.--In evaluating project proposals to 
     achieve thermal efficiency levels established under 
     paragraphs (1)(B)(i) and (2)(B)(i) and in determining 
     progress towards thermal efficiency milestones under 
     paragraphs (1)(B)(ii)(IV), (2)(B)(ii)(IV), and (4), the 
     Secretary shall take into account and make adjustments for 
     the elevation of the site at which a project is proposed to 
     be constructed.
       (B) Applicability of milestones.--The thermal efficiency 
     milestones under paragraphs (1)(B)(ii)(IV), (2)(B)(ii)(IV), 
     and (4) shall not apply to projects that separate and capture 
     at least 50 percent of the potential emissions of carbon 
     dioxide by a facility.
       (C) Permitted uses.--In carrying out this section, the 
     Secretary shall give high priority to projects that include, 
     as part of the project--
       (i) the separation or capture of carbon dioxide; or
       (ii) the reduction of the demand for natural gas if 
     deployed.
       (c) Financial Criteria.--The Secretary shall not provide 
     financial assistance under this subtitle for a project unless 
     the recipient documents to the satisfaction of the Secretary 
     that--
       (1) the recipient is financially responsible;
       (2) the recipient will provide sufficient information to 
     the Secretary to enable the Secretary to ensure that the 
     funds are spent efficiently and effectively; and
       (3) a market exists for the technology being demonstrated 
     or applied, as evidenced by statements of interest in writing 
     from potential purchasers of the technology.
       (d) Financial Assistance.--The Secretary shall provide 
     financial assistance to projects that, as determined by the 
     Secretary--
       (1) meet the requirements of subsections (a), (b), and (c); 
     and
       (2) are likely--
       (A) to achieve overall cost reductions in the use of coal 
     to generate useful forms of energy or chemical feedstocks;
       (B) to improve the competitiveness of coal among various 
     forms of energy in order to maintain a diversity of fuel 
     choices in the United States to meet electricity generation 
     requirements; and
       (C) to demonstrate methods and equipment that are 
     applicable to 25 percent of the electricity generating 
     facilities, using various types of coal, that use coal as the 
     primary feedstock as of the date of enactment of this Act.
       (e) Cost-Sharing.--In carrying out this subtitle, the 
     Secretary shall require cost sharing in accordance with 
     section 1002.
       (f) Scheduled Completion of Selected Projects.--
       (1) In general.--In selecting a project for financial 
     assistance under this section, the Secretary shall establish 
     a reasonable period of time during which the owner or 
     operator of the project shall complete the construction or 
     demonstration phase of the project, as the Secretary 
     determines to be appropriate.
       (2) Condition of financial assistance.--The Secretary shall 
     require as a condition of receipt of any financial assistance 
     under this subtitle that the recipient of the assistance 
     enter into an agreement with the Secretary not to request an 
     extension of the time period established for the project by 
     the Secretary under paragraph (1).
       (3) Extension of time period.--
       (A) In general.--Subject to subparagraph (B), the Secretary 
     may extend the time period established under paragraph (1) if 
     the Secretary determines, in the sole discretion of the 
     Secretary, that the owner or operator of the project cannot 
     complete the construction or demonstration phase of the 
     project within the time period due to circumstances beyond 
     the control of the owner or operator.
       (B) Limitation.--The Secretary shall not extend a time 
     period under subparagraph (A) by more than 4 years.
       (g) Fee Title.--The Secretary may vest fee title or other 
     property interests acquired under cost-share clean coal power 
     initiative agreements under this subtitle in any entity, 
     including the United States.
       (h) Data Protection.--For a period not exceeding 5 years 
     after completion of the operations phase of a cooperative 
     agreement, the Secretary may provide appropriate protections 
     (including exemptions from subchapter II of chapter 5 of 
     title 5, United States Code) against the dissemination of 
     information that--
       (1) results from demonstration activities carried out under 
     the clean coal power initiative program; and
       (2) would be a trade secret or commercial or financial 
     information that is privileged or confidential if the 
     information had been obtained from and first produced by a 
     non-Federal party participating in a clean coal power 
     initiative project.
       (i) Applicability.--No technology, or level of emission 
     reduction, solely by reason of the use of the technology, or 
     the achievement of the emission reduction, by 1 or more 
     facilities receiving assistance under this Act, shall be 
     considered to be--
       (1) adequately demonstrated for purposes of section 111 of 
     the Clean Air Act (42 U.S.C. 7411);
       (2) achievable for purposes of section 169 of that Act (42 
     U.S.C. 7479); or
       (3) achievable in practice for purposes of section 171 of 
     that Act (42 U.S.C. 7501).
                                 ______
                                 
  SA 1008. Mr. CRAIG (for Ms. Cantwell) proposed an amendment to the 
bill H.R. 6, to ensure jobs for our future with secure, affordable, and 
reliable energy; as follows:

       On page 696, lines 24 and 25, strike ``unlawful on the 
     grounds that it is unjust and unreasonable'' and insert ``not 
     permitted under a rate schedule (or contract under such a 
     schedule) or is otherwise unlawful on the grounds that the 
     contract is unjust and unreasonable or contrary to the public 
     interest''.
                                 ______
                                 
  SA 1009. Mr. CRAIG (for Mr. Grassley (for himself and Mr. Baucus) 
proposed an amendment to the bill H.R. 6, to ensure jobs for our future 
with secure, affordable, and reliable energy; as follows:

       On page 12 (of title XV as agreed to), after line 23, add 
     the following:

     SEC. __. APPLICATION OF SECTION 45 CREDIT TO AGRICULTURAL 
                   COOPERATIVES.

       (a) In General.--Section 45(e) (relating to definitions and 
     special rules), as amended by this Act, is amended by adding 
     at the end the following:
       ``(11) Allocation of credit to patrons of agricultural 
     cooperative.--
       ``(A) Election to allocate.--
       ``(i) In general.--In the case of an eligible cooperative 
     organization, any portion of the credit determined under 
     subsection (a) for the taxable year may, at the election of 
     the organization, be apportioned among patrons of the 
     organization on the basis of the amount of business done by 
     the patrons during the taxable year.
       ``(ii) Form and effect of election.--An election under 
     clause (i) for any taxable year shall be made on a timely 
     filed return for such year. Such election, once made, shall 
     be irrevocable for such taxable year.
       ``(B) Treatment of organizations and patrons.--The amount 
     of the credit apportioned to any patrons under subparagraph 
     (A)--
       ``(i) shall not be included in the amount determined under 
     subsection (a) with respect to the organization for the 
     taxable year, and
       ``(ii) shall be included in the amount determined under 
     subsection (a) for the taxable year of the patrons with or 
     within which the taxable year of the organization ends.
       ``(C) Special rules for decrease in credits for taxable 
     year.--If the amount of the credit of a cooperative 
     organization determined under subsection (a) for a taxable 
     year is less than the amount of such credit shown on the 
     return of the cooperative organization for such year, an 
     amount equal to the excess of--

[[Page S7327]]

       ``(i) such reduction, over
       ``(ii) the amount not apportioned to such patrons under 
     subparagraph (A) for the taxable year, shall be treated as an 
     increase in tax imposed by this chapter on the organization. 
     Such increase shall not be treated as tax imposed by this 
     chapter for purposes of determining the amount of any credit 
     under this subpart or subpart A, B, E, or G.
       ``(D) Eligible cooperative defined.--For purposes of this 
     section the term `eligible cooperative' means a cooperative 
     organization described in section 1381(a) which is owned more 
     than 50 percent by agricultural producers or by entities 
     owned by agricultural producers. For this purpose an entity 
     owned by an agricultural producer is one that is more than 50 
     percent owned by agricultural producers.
       ``(E) Written notice to patrons.--If any portion of the 
     credit available under subsection (a) is allocated to patrons 
     under subparagraph (A), the eligible cooperative shall 
     provide any patron receiving an allocation written notice of 
     the amount of the allocation. Such notice shall be provided 
     before the date on which the return described in subparagraph 
     (B)(ii) is due.''.

     SEC. __. EXPANSION OF RESOURCES TO WAVE, CURRENT, TIDAL, AND 
                   OCEAN THERMAL ENERGY.

       (a) In General.--Section 45(c)(1) (defining qualified 
     energy resources), as amended by this Act, is amended by 
     striking ``and'' at the end of subparagraph (H), by striking 
     the period at the end of subparagraph (I) and inserting ``, 
     and'', and by adding at the end the following new 
     subparagraph:
       ``(J) wave, current, tidal, and ocean thermal energy.''
       (b) Definition of Resources.--Section 45(c), as amended by 
     this Act, is amended by adding at the end the following new 
     paragraph:
       ``(9) Wave, current, tidal, and ocean thermal energy.--The 
     term `wave, current, tidal, and ocean thermal energy' means 
     electricity produced from any of the following:
       ``(A) Free flowing ocean water derived from tidal currents, 
     ocean currents, waves, or estuary currents.
       ``(B) Ocean thermal energy.
       ``(C) Free flowing water in rivers, lakes, man made 
     channels, or streams.''
       (c) Facilities.--Section 45(d), as amended by this Act, is 
     amended by adding at the end the following new paragraph:
       ``(11) Wave, current, tidal, and ocean thermal facility.--
     In the case of a facility using resources described in 
     subparagraph (A), (B), or (C) of subsection (c)(9) to produce 
     electricity, the term `qualified facility' means any facility 
     owned by the taxpayer which is originally placed in service 
     after the date of the enactment of this paragraph and before 
     January 1, 2009, but such term shall not include a facility 
     which includes impoundment structures or a small irrigation 
     power facility.''
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years ending after the date of the 
     enactment of this Act.
       On page 35 (of title XV as agreed to), strike lines 10 
     through 16, and insert the following:
       ``(A) Application period.--Each applicant for certification 
     under this paragraph shall submit an application meeting the 
     requirements of subparagraph (B). An applicant may only 
     submit an application during the 3-year period beginning on 
     the date the Secretary establishes the program under 
     paragraph (1).
       ``(B) Requirements for applications for certification.--An 
     application under subparagraph (A) shall contain such 
     information as the Secretary may require in order to make a 
     determination to accept or reject an application for 
     certification as meeting the requirements under subsection 
     (e)(1). Any information contained in the application shall be 
     protected as provided in section 552(b)(4) of title 5, United 
     States Code.
       ``(C) Time to act upon applications for certification.--The 
     Secretary shall issue a determination as to whether an 
     applicant has met the requirements under subsection (e)(1) 
     within 60 days following the date of submittal of the 
     application for certification.
       ``(D) Time to meet criteria for certification.--Each 
     applicant for certification shall have 2 years from the date 
     of acceptance by the Secretary of the application during 
     which to provide to the Secretary evidence that the criteria 
     set forth in subsection (e)(2) have been met.
       ``(E) Period of issuance.--An applicant which receives a 
     certification shall have 5 years from the date of issuance of 
     the certification in order to place the project in service 
     and if such project is not placed in service by that time 
     period then the certification shall no longer be valid.''.
       On page 36 (of title XV as agreed to), strike lines 14 
     through 23.
       On page 36 (of title XV as agreed to), line 24, strike 
     ``(6)'' and insert ``(5)''.
       On page 37 (of title XV as agreed to), line 16, strike 
     ``commitment''.
       On page 37 (of title XV as agreed to), line 17, strike 
     ``(e)(4)(B)'' and insert ``paragraph (2)''.
       On page 37 (of title XV as agreed to), line 19, strike 
     ``(f)(2)(B)(ii)'' and insert ``paragraph (2)(D)''.
       On page 37 (of title XV as agreed to), line 20, strike 
     ``commitment''.
       On page 37 (of title XV as agreed to), between lines 22 and 
     23, insert the following:
       ``(C) Reallocation.--If the Secretary determines that 
     megawatts under clause (i) or (ii) of paragraph (3)(B) are 
     available for reallocation pursuant to the requirements set 
     forth in paragraph (2), the Secretary is authorized to 
     conduct an additional program for applications for 
     certification.''.
       On page 38 (of title XV as agreed to), line 7, strike ``or 
     polygeneration''.
       On page 38 (of title XV as agreed to), beginning with line 
     13 strike all through page 39, line 25, and insert the 
     following:
       ``(C) the project, consisting of one or more electric 
     generation units at one site, will have a total nameplate 
     generating capacity of at least 400 megawatts;
       ``(D) the applicant demonstrates that there is a letter of 
     intent signed by an officer of an entity willing to purchase 
     the majority of the output of the project or signed by an 
     officer of a utility indicating that the electricity capacity 
     addition is consistent with that utility's integrated 
     resource plan as approved by the regulatory or governing body 
     that oversees electricity capacity allocations of the 
     utility;
       ``(E) there is evidence of ownership or control of a site 
     of sufficient size to allow the proposed project to be 
     constructed and to operate on a long-term basis; and
       ``(F) the project will be located in the United States.
       ``(2) Requirements for certification.--For the purpose of 
     subsection (d)(2)(D), a project shall be eligible for 
     certification only if the Secretary determines that--
       ``(A) the applicant for certification has received all 
     Federal and State environmental authorizations or reviews 
     necessary to commence construction of the project; and
       ``(B) the applicant for certification, except in the case 
     of a retrofit or repower of an existing electric generation 
     unit, has purchased or entered into a binding contract for 
     the purchase of the main steam turbine or turbines for the 
     project, except that such contract may be contingent upon 
     receipt of a certification under subsection (d)(2).''.
       On page 40 (of title XV as agreed to), strike ``(2)'' and 
     insert ``(3)''.
       On page 40 (of title XV as agreed to), line 4, strike 
     ``subsection (d)(3)(B)(i)'' and insert ``subsection (d)(2)''.
       On page 40 (of title XV as agreed to), line 5, strike 
     ``certify capacity'' and insert ``certify capacity, in 
     accordance with the procedures set forth in subsection (d), 
     in relatively equal amounts''.
       On page 40 (of title XV as agreed to), beginning with line 
     19, strike all through page 42, line 6.
       On page 42 (of title XV as agreed to), line 18, strike 
     ``the vendor warrants that''.
       On page 44 (of title XV as agreed to), after line 25, 
     insert the following:
       ``(h) Applicability.--No use of technology (or level of 
     emission reduction solely by reason of the use of the 
     technology), and no achievement of any emission reduction by 
     the demonstration of any technology or performance level, by 
     or at one or more facilities with respect to which a credit 
     is allowed under this section, shall be considered to 
     indicate that the technology or performance level is--
       ``(1) adequately demonstrated for purposes of section 111 
     of the Clean Air Act (42 U.S. C. 7411);
       ``(2) achievable for purposes of section 169 of that Act 
     (42 U.S. C. 7479); or
       ``(3) achievable in practice for purposes of section 171 of 
     such Act (42 U.S.C. 7501).
       On page 155 (of title XV as agreed to), line 13, strike 
     ``2010'' and insert ``2012''.
       On page 186 (of title XV as agreed to), line 2, insert ``or 
     any mixture of biodiesel (as defined in section 40A(d)(1)) 
     and diesel fuel (as defined in section 4083(a)(3)), 
     determined without regard to any use of kerosene and 
     containing at least 20 percent biodiesel'' after 
     ``hydrogen''.
       Beginning on page 211 (of title XV as agreed to), line 16, 
     strike all through page 212, line 17, and insert the 
     following:
       ``(b) Limitation.--The amount allowable as a credit under 
     subsection (a) with respect to any qualified recycling 
     equipment shall not exceed--
       ``(1) in the case of such equipment described in subsection 
     (c)(1)(A)(i), 15 percent of the cost of such equipment, and
       ``(2) in the case of such equipment described in subsection 
     (c)(1)(A)(ii), 15 percent of so much of the cost of each 
     piece of equipment as exceeds $400,000.
       ``(c) Definitions.--For purposes of this section--
       ``(1) Qualified recycling equipment.--
       ``(A) In general.--The term `qualified recycling equipment' 
     means equipment, including connecting piping--
       ``(i) employed in sorting or processing residential and 
     commercial qualified recyclable materials described in 
     paragraph (2)(A) for the purpose of converting such materials 
     for use in manufacturing tangible consumer products, 
     including packaging, or
       ``(ii) the primary purpose of which is the shredding and 
     processing of qualified recyclable materials described in 
     paragraph (2)(B).
       ``(B) Equipment at commercial or public venues included.--
     For purposes of subparagraph (A)(i), such term includes 
     equipment which is utilized at commercial or public venues, 
     including recycling collection centers, where the equipment 
     is utilized to sort or process qualified recyclable materials 
     for such purpose.
       ``(C) Exclusion.--Such term does not include rolling stock 
     or other equipment used to transport recyclable materials.
       ``(2) Qualified recyclable materials.--The term `qualified 
     recyclable materials' means--

[[Page S7328]]

       ``(A) any packaging or printed material which is glass, 
     paper, plastic, steel, or aluminum, and
       ``(B) any electronic waste (including any cathode ray tube, 
     flat panel screen, or similar video display device with a 
     screen size greater than 4 inches measured diagonally, or a 
     central processing unit),
     generated by an individual or business and which has been 
     separated from solid waste for the purposes of collection and 
     recycling.
       On page 215 (of title XV as agreed to), line 23, strike 
     ``for any'' and insert ``during any''.
       On page 230 (of title XV as agreed to), between lines 2 and 
     3, insert the following:

     SEC. __. THREE-YEAR APPLICABLE RECOVERY PERIOD FOR 
                   DEPRECIATION OF QUALIFIED ENERGY MANAGEMENT 
                   DEVICES.

       (a) In General.--Section 168(e)(3)(A) (defining 3-year 
     property) is amended by striking ``and'' at the end of clause 
     (ii), by striking the period at the end of clause (iii) and 
     inserting ``, and'', and by adding at the end the following 
     new clause:
       ``(iv) any qualified energy management device.''.
       (b) Definition of Qualified Energy Management Device.--
     Section 168(i) (relating to definitions and special rules), 
     as amended by this Act, is amended by inserting at the end 
     the following new paragraph:
       ``(18) Qualified energy management device.--
       ``(A) In general.--The term `qualified energy management 
     device' means any energy management device--
       ``(1) which is placed in service before January 1, 2008, by 
     a taxpayer who is a supplier of electric energy or a provider 
     of electric energy services,
       ``(2) the original use of which commences with the 
     taxpayer, and
       ``(3) the purchase of which is subject to a binding 
     contract entered into after June 23, 2005, but only if there 
     was no written binding contract entered into on or before 
     such date.
       ``(B) Energy management device.--For purposes of 
     subparagraph (A), the term `energy management device' means 
     any meter or metering device which is used by the taxpayer--
       ``(i) to measure and record electricity usage data on a 
     time-differentiated basis in at least 4 separate time 
     segments per day, and
       ``(ii) to provide such data on at least a monthly basis to 
     both consumers and the taxpayer.''.
       (c) Alternative System.--The table contained in section 
     168(g)(3)(B) is amended by inserting after the item relating 
     to subparagraph (A)(iii) the following:
``(A)(iv).........................................................20''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2005, in taxable years ending after such date.

     SEC. __. EXCEPTION FROM VOLUME CAP FOR CERTAIN COOLING 
                   FACILITIES.

       (a) In General.--Section 146 (relating to volume cap) is 
     amended by redesignating subsections (i) through (n) as 
     subsections (j) through (o), respectively, and by inserting 
     after subsection (h) the following:
       ``(i) Exception for facilities used to cool structures with 
     ocean water, etc..--
       ``(1) In general.--Only for purposes of this section, the 
     term `private activity bond' shall not include any exempt 
     facility bond described in section 142(a)(9) which is issued 
     as part of an issue to finance any project which is designed 
     to access deep water renewable thermal energy for district 
     cooling to provide building air conditioning (including any 
     distribution piping, pumping, and chiller facilities).
       ``(2) Limitation.--Paragraph (1) shall apply only to bonds 
     issued as part of an issue the aggregate authorized face 
     amount of which is not more than $75,000,000 with respect to 
     any project described in such paragraph.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to projects placed in service after the date of 
     enactment of this Act and before July 1, 2008.
       On page 6 (of Senate amendment number 933 as modified and 
     agreed to), line 12, strike ``(i)'' and insert ``(iii)''.
       On page 6 (of Senate amendment number 933 as modified and 
     agreed to), line 18, strike the last period and insert ``, 
     and''.
       On page 232 (of title XV as agreed to), line 22, strike 
     ``(iii)'' and insert ``(iv)''.
       On page 255 (of title XV as agreed to), line 6, strike 
     ``2007'' and insert ``2006''.
       On page 256 (of title XV as agreed to), strike lines 3 
     through 15, and insert the following:
       (b) No Exemptions From Tax Except for Exports.--
       (1) In general.--Section 4082(a) (relating to exemptions 
     for diesel fuel and kerosene) is amended by inserting 
     ``(other than such tax at the Leaking Underground Storage 
     Tank Trust Fund financing rate imposed in all cases other 
     than for export)'' after ``section 4081''.
       (2) Amendments relating to section 4041.--
       (A) Subsections (a)(1)(B), (a)(2)(A), and (c)(2) of section 
     4041 are each amended by inserting ``(other than such tax at 
     the Leaking Underground Storage Tank Trust Fund financing 
     rate)'' after ``section 4081''.
       (B) Section 4041(b)(1)(A) is amended by striking ``or 
     (d)(1))''.
       (C) Section 4041(d) is amended by adding at the end the 
     following new paragraph:
       ``(5) Nonapplication of exemptions other than for 
     exports.--For purposes of this section, the tax imposed under 
     this subsection shall be determined without regard to 
     subsections (f), (g) (other than with respect to any sale for 
     export under paragraph (3) thereof), (h), and (l).''.
       (3) No refund.--
       (A) In general.--Subchapter B of chapter 65 is amended by 
     adding at the end the following new section:

     ``SEC. 6430. TREATMENT OF TAX IMPOSED AT LEAKING UNDERGROUND 
                   STORAGE TANK TRUST FUND FINANCING RATE.

       ``No refunds, credits, or payments shall be made under this 
     subchapter for any tax imposed at the Leaking Underground 
     Storage Tank Trust Fund financing rate, except in the case of 
     fuels destined for export.''.
       (B) Clerical amendment.--The table of sections for 
     subchapter B of chapter 65 is amended by adding at the end 
     the following new item:
``Sec. 6430. Treatment of tax imposed at Leaking Underground Storage 
              Tank Trust Fund financing rate.
       On page 257 (of title XV as agreed to), strike lines 7 
     through 10, and insert the following:
       (2) No exemption.--The amendments made by subsection (b) 
     shall apply to fuel entered, removed, or sold after September 
     30, 2005.
       On page 257 (of title XV as agreed to), after line 11, add 
     the following:

     SEC. 1573. TIRE EXCISE TAX MODIFICATION.

       (a) In General.--Section 4071(a) (relating to imposition 
     and rate of tax) is amended by inserting ``8.0 cents in the 
     case of a'' before ``super single tire''.
       (b) Definition of Super Single Tire.--Section 4072(e) 
     (defining super single tire) is amended by striking ``13 
     inches'' and inserting ``17.5 inches''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to sales after September 30, 2005.

                          ____________________