[Congressional Record Volume 151, Number 129 (Thursday, October 6, 2005)]
[Senate]
[Pages S11232-S11237]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SALAZAR (for himself and Mr. Allard):
  S. 1848. A bill to promote remediation of inactive and abandoned 
mines, and for other purposes; to the Committee on Environment and 
Public Works.
  Mr. SALAZAR. Mr. President, I rise to make a statement regarding an 
important bill I am introducing today. It is a bill that is meant to 
provide a straightforward and commonsense fix to a nettlesome problem 
that plagues communities throughout the west: pollution from abandoned 
mines.
  The bill simply says that we should make life easier for Good 
Samaritans. Surprisingly, that is not currently the case.
  The Western United States is pockmarked with old mines and mining 
residues, and many of these sites continuously pollute the water, the 
land, and the air. Our rivers and streams suffer particularly from this 
type of pollution.
  In many cases, no one alive is legally responsible for cleaning these 
sites. In other cases, those who are legally responsible lack the money 
or other resources necessary to clean them up, and the pollution 
continues.
  Fortunately, some people and some companies are willing to clean up 
mine sites in whole or in part, even though they are not legally 
responsible. These are Good Samaritans.
  They act for many reasons. Some are people who live nearby and suffer 
directly from the pollution. Others are companies that want to perform 
a service to the community and to address less fortunate aspects of the 
history of the mining industry. Still others act for other reasons.
  Unfortunately, though, our environmental laws create great risks of 
broad, long term, and very expensive liabilities for anyone who acts at 
a mine site, even if they act only as Good Samaritans. This problem 
understandably dissuades Good Samaritans from cleaning mine sites.

[[Page S11233]]

  My bill is designed to fix this problem. It is written to encourage 
meritorious projects to proceed provided they have the full approval of 
the governments involved and full participation by the public--all to 
benefit the environment.
  This bill intentionally is simple and intentionally straightforward. 
No Good Samaritan project will proceed unless it creates a true, 
overall environmental benefit. No project will gain approval unless the 
U.S. Environmental Protection Agency, the state involved, and local 
authorities affected agree that it is a good thing. The public will be 
fully involved in the process from the very beginning.
  And, finally, the permit system and the standards in the bill are 
intentionally uncomplicated, so that permits for simple projects can be 
issued using simple proceedings.
  My idea is to make clear that the work of Good Samaritans is very 
welcome. Some cleanup of the environment in these circumstances is far 
better than none at all.
  The bill encourages Good Samaritans to clean pollution by freeing 
them from the large environmental liabilities that ordinarily burden 
anyone who acts to fix the pollution.
  The bill applies to the cleanup of non-coal inactive and abandoned 
mines anywhere in the United States.
  Its approach--which wraps all environmental requirements for a Good 
Samaritan project into a single permit that must be agreed to first by 
the Federal Government, the affected State, and local communities--is 
straightforward.
  Its inclusion of the states and local communities as well as the 
affected publics--including by assuring that State and local 
authorities have a say in the provision of any permit--are based on the 
best traditions of the west.
  And its impact is clear--only projects that benefit the environment 
will be permitted, and the work done pursuant to that permit will be 
afforded clear legal protection.
  I am proud of this bill. It is the result of a series of meetings I 
held around my state earlier this year. And it is endorsed by the 
National Mining Association, the Colorado Mining Association, and the 
Great State of Colorado.
  It is the right thing to do, and I look forward to working with my 
colleagues to ensure its enactment.
  I ask unanimous consent that the text of my bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1848

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Cleanup of Inactive and 
     Abandoned Mines Act''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the Federal Government and State governments encouraged 
     hard rock mining in the United States through a wide variety 
     of laws, policies, and actions;
       (2) the mining activities that took place disturbed public 
     and private land, and those disturbances led to considerable 
     environmental pollution;
       (3) many areas in which hard rock mining took place in the 
     United States are now inactive and abandoned mine sites;
       (4) many inactive and abandoned mine sites pollute the 
     environment today and will continue to do so indefinitely 
     unless remediated;
       (5) adits and other tunnels will continue to drain 
     pollutants to surface and ground water through gravity flow;
       (6) surface runoff will continue to pick up pollutants as 
     the runoff moves over disturbed ground and transports 
     pollutants to surface waters; and
       (7) tailings and other materials left exposed to the 
     elements will continue to blow in the wind and pollute the 
     atmosphere and soils;
       (8) many of the individuals and corporate owners and 
     operators of those mines, who caused this pollution, are no 
     longer alive or in existence;
       (9) some of the remaining owners and operators who remain 
     do not have resources that are adequate to conduct 
     remediation properly under applicable environmental laws, for 
     all practical purposes leaving no one responsible for the 
     cleanup of pollution from those sites;
       (10) inactive and abandoned mine sites are located in areas 
     of known economic mineralization;
       (11) modern mining activities often take place on or in the 
     vicinity of the area in which historic hard rock mining 
     activities took place;
       (12) from time to time, individuals and companies are 
     willing to remediate historic mine sites for the public good 
     as Good Samaritans, despite the fact that these individuals 
     and companies are not legally required to remediate the mine 
     sites;
       (13) Good Samaritan remediation activities may--
       (A) vary in size and complexity;
       (B) reflect the myriad ways that mine residue may be 
     cleaned up; and
       (C) include, among other activities--
       (i) the relocation or management of tailings or other waste 
     piles;
       (ii) passive or active water treatment;
       (iii) runoff or run-on controls; and
       (iv) the use or reprocessing of, or removal of materials 
     from, mine residue;
       (14) the potential environmental liabilities that may 
     attach to those Good Samaritans as a result of the 
     remediation can dissuade those Good Samaritans from acting 
     for the public good;
       (15) it is in the interest of the United States, the 
     States, and local communities to remediate historic mine 
     sites, in appropriate circumstances and to the maximum extent 
     practicable, so that the environmental impacts of the sites 
     are lessened into the future; and
       (16) if appropriate protections are provided for Good 
     Samaritans, Good Samaritans will have a greater incentive to 
     remediate those sites for the public good.
       (b) Purposes.--The purposes of this Act are--
       (1) to encourage partial or complete remediation of 
     inactive and abandoned mining sites for the public good by 
     persons who are not otherwise legally responsible for the 
     remediation;
       (2) to provide appropriate protections for Good Samaritans 
     under applicable environmental laws;
       (3) to ensure that remediation performed by Good Samaritans 
     creates actual and significant environmental benefits;
       (4) to ensure that remediation by Good Samaritans is 
     carried out--
       (A) with the approval and agreement, and in the discretion, 
     of affected Federal, State, and local authorities and with 
     review by the public; and
       (B) in a manner that is beneficial to the environment and 
     all affected communities; and
       (5) to create an efficient permit process under which the 
     cost and complexity of obtaining a permit are commensurate 
     with the scope of remediation work to be completed and the 
     environmental benefits from the work;
       (6) to avoid permitting for ongoing, for-profit businesses 
     that specialize in multiple Good Samaritan projects that are 
     designed to be permitted outside otherwise applicable 
     Federal, State, and local environmental laws; and
       (7) to ensure that the protections for Good Samaritans 
     provided in this Act are interpreted in accordance with the 
     purposes of this Act and to enhance the public good.

     SEC. 3. REMEDIATION OF INACTIVE OR ABANDONED MINES BY GOOD 
                   SAMARITANS.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Cooperating agency.--The term ``cooperating agency'' 
     means any Federal, State, or local agency or other person 
     (other than the Administrator) that--
       (A) is authorized under Federal or State law, or local 
     ordinance, to participate in issuing a permit under this 
     section; and
       (B) elects to participate in the process of issuing the 
     permit.
       (3) Environmental law.--The term ``environmental law'' 
     includes--
       (A) the Toxic Substances Control Act (15 U.S.C. 2601 et 
     seq.);
       (B) the Federal Water Pollution Control Act (33 U.S.C. 1251 
     et seq.);
       (C) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
       (D) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.);
       (E) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.);
       (F) the Clean Air Act (42 U.S.C. 7401 et seq.);
       (G) the Uranium Mill Tailings Radiation Control Act of 1978 
     (42 U.S.C. 7901 et seq.);
       (H) the Comprehensive Environmental Response, Compensation, 
     and Liability Act of 1980 (42 U.S.C. 9601 et seq.);
       (I) applicable environmental laws of a State; and
       (J) applicable environmental ordinances of a political 
     subdivision of a State.
       (4) Good samaritan.--The term ``Good Samaritan'' means a 
     person that--
       (A) is unrelated, by operation or ownership (except solely 
     through succession to title), to the historic mine residue to 
     be remediated under this section;
       (B) had no role in the creation of the historic mine 
     residue;
       (C) had no significant role in the environmental pollution 
     caused by the historic mine residue; and
       (D) is not liable under any Federal, State, or local law 
     for the remediation of the historic mine residue.
       (5) Historic mine residue.--
       (A) In general.--The term ``historic mine residue'' means 
     mine residue or conditions at an inactive or abandoned mine 
     site that pollute the environment.

[[Page S11234]]

       (B) Inclusions.--The term ``historic mine residue'' may 
     include, among other materials--
       (i) ores;
       (ii) minerals;
       (iii) equipment (or materials in equipment);
       (iv) wastes from extractions, beneficiation, or other 
     processing; and
       (v) acidic or otherwise polluted flows in surface or ground 
     water.
       (6) Inactive or abandoned mine site; mine site.--The terms 
     ``inactive or abandoned mine site'' and ``mine site'' mean 
     the site of a mine and associated facilities that--
       (A) were used for the production of a mineral other than 
     coal;
       (B) have historic mine residue; and
       (C) are abandoned or inactive as of the date on which an 
     application is submitted for a permit under this section.
       (7) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (8) Person.--The term ``person'' includes--
       (A) an individual;
       (B) a firm;
       (C) a corporation;
       (D) an association;
       (E) a partnership;
       (F) a consortium;
       (G) a joint venture;
       (H) a commercial entity;
       (I) a nonprofit organization;
       (J) the Federal Government;
       (K) a State;
       (L) a political subdivision of a State;
       (M) an interstate entity; and
       (N) a commission.
       (9) State.--The term ``State'' means--
       (A) a State; and
       (B) an Indian tribe.
       (b) Permits.--The Administrator may issue a permit to a 
     Good Samaritan to carry out a project to remediate all or 
     part of an inactive or abandoned mine site in accordance with 
     this section.
       (c) Eligibility for Permits.--
       (1) In general.--To be eligible for a permit to carry out a 
     project to remediate an inactive or abandoned mine site in a 
     State under this section--
       (A) the mine site shall be located in the United States;
       (B) the principal purpose of the project shall be the 
     reduction of pollution caused by historic mine residue;
       (C) the mine site may not be a mine site included on the 
     national priorities list under section 105(a)(8)(B) of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9605(a)(8)(B)) except in a 
     case in which the Administrator determines, on a case-by-case 
     basis, that--
       (i) the remediation project proposed to be carried out at 
     the mine site is minor as compared to all remediation 
     activity needed at the listed mine site;
       (ii) the conduct of the proposed remediation project at the 
     listed mine site will not interfere with any other 
     remediation at the mine site that is reasonably likely to 
     occur; and
       (iii) except for the remediation project proposed by the 
     Good Samaritan at the mine site under this Act, there is not 
     likely to be remediation of the historic mine residue that is 
     the subject of the project at the listed mine site in the 
     reasonably foreseeable future;
       (D) the permit shall authorize only those activities that 
     are directly required for the remediation of historic mine 
     residue at the mine site;
       (E) the person obtaining the permit shall be a Good 
     Samaritan; and
       (F) a State remediation program described in subsection (d) 
     shall be in effect for remediation of the mine site.
       (2) Other activities.--Any activity other than the 
     activities described in paragraph (1)(D) conducted by the 
     permittee or any other person at the mine site (including, 
     without limitation, any mining or processing in addition to 
     that required for the remediation of historic mine residue 
     for the public good)--
       (A) shall not be authorized under a permit issued under 
     this section; and
       (B) may be authorized under other applicable laws, 
     including environmental laws.
       (d) State Remediation Program.--
       (1) In general.--Before a permit may be issued to carry out 
     a project in a State under this section, the State shall have 
     in effect a State remediation program that meets the 
     requirements of this subsection.
       (2)  Requirements.--To meet the requirements of this 
     subsection, under the State remediation program, the State 
     shall--
       (A) agree to participate, as a signatory, in each project 
     for a which a permit for remediation in the State is issued 
     under this section;
       (B) agree that a permittee shall comply with the terms and 
     conditions of the permit in lieu of compliance with 
     applicable environmental laws specifically described in the 
     permit in accordance with subsection (h)(1)(B);
       (C) authorize State agencies and political subdivisions of 
     the State to participate in the permit process under this 
     section, as appropriate, and assist in providing the 
     resources to enable that participation; and
       (D) designate a lead State agency that is responsible to 
     carry out permitting responsibilities of the State under this 
     section.
       (e) Application for Permits.--To obtain a permit to carry 
     out a project to remediate an inactive or abandoned mine site 
     under this section, an applicant shall submit to the 
     Administrator an application, signed by the applicant, that 
     provides--
       (1) a description of the mine site (including the 
     boundaries of the mine site);
       (2) an identification of--
       (A) any current owner or operator of the mine site; and
       (B) any person with a legal right to exclude other persons 
     from the mine site or affect activities on the mine site, 
     with a description of those legal rights;
       (3) evidence satisfactory to the Administrator that the 
     applicant has or will acquire all legal rights necessary to 
     enter the mine site and to perform the remediation described 
     in the application;
       (4) a description, based on the conduct of an inquiry that 
     is reasonable under the circumstances, of--
       (A) all persons that may be legally responsible for the 
     remediation of the mine site; and
       (B) any relationship between those persons and the 
     applicant;
       (5) a certification that the applicant knows of no other 
     person that (as of the date of submission of the 
     application)--
       (A) is potentially legally responsible for the remediation 
     of the mine site; and
       (B) has sufficient resources to complete the remediation;
       (6) a detailed description of the historic mine residue to 
     be remediated;
       (7) a description of the baseline conditions (as of the 
     date of submission of the application) of the environment 
     affected by the historic mine residue to be remediated;
       (8) a description of--
       (A) the nature and scope of the proposed remediation; and
       (B) detailed engineering plans for the project;
       (9) a description of the manner in which the remediation 
     will assist the mine site in meeting, to the maximum extent 
     reasonable and practicable under the circumstances, water 
     quality standards;
       (10) a schedule for the work to be carried out under the 
     project;
       (11) a budget for the work to be carried out under the 
     project;
       (12) a description of financial assurances, if any, to be 
     provided by the permittee to ensure that the permitted work, 
     including any operation and maintenance, will be completed;
       (13) a description of a monitoring program following 
     remediation (if any) that will be implemented to evaluate the 
     effects of the remediation on the environment;
       (14) a detailed plan for the required operation and 
     maintenance of any remediation; and
       (15) a list of all environmental laws for which the 
     applicant seeks the protection described in paragraphs (1) 
     and (2) of subsection (g).
       (f) Permit Issuance.--
       (1) In general.--The Administrator may issue a permit under 
     this section to carry out a project for the remediation of an 
     inactive or abandoned mine site in a State only if--
       (A) the Administrator determines that--
       (i) the project will improve the environment on or in the 
     area of the mine site to a significant degree, as determined 
     by the Administrator;
       (ii) the project will not degrade any aspect of the 
     environment in any area to a significant degree;
       (iii) the project will meet applicable water quality 
     standards, to the maximum extent reasonable and practicable 
     under the circumstances;
       (iv) the permittee has the financial and other resources to 
     complete, and will complete, the permitted work; and
       (v) the project meets the requirements of this section;
       (B) the State concurs with the issuance of, and signs, the 
     permit;
       (C) if the permit provides protection for the permittee 
     under an environmental law of a political subdivision of a 
     State in accordance with paragraphs (1) and (2) of subsection 
     (g), the political subdivision concurs with the issuance of, 
     and signs, the permit; and
       (D) if the proposed project is to be carried out on Federal 
     land, each State (or political subdivision) within which the 
     Federal land is located meets the requirements of 
     subparagraphs (B) and (C).
       (2) Discretionary actions.--The issuance of a permit by the 
     Administrator, and the concurrence of the affected State and 
     political subdivisions of a State to participate in the 
     permit process, shall be discretionary actions and shall be 
     taken in the public interest.
       (3) Functional equivalency.--No action of the Administrator 
     or any other person pursuant to this section shall constitute 
     a major Federal action significantly affecting the quality of 
     the human environment under the National Environmental Policy 
     Act (42 U.S.C. 4321 et seq.).
       (4) Deadline.--
       (A) In general.--The Administrator shall issue or deny a 
     permit for the remediation of a mine site not later than--
       (i) the date that is 180 days after the date of receipt by 
     the Administrator of an application for the permit that, as 
     determined by the Administrator, is complete; or
       (ii) such later date as may be determined by the 
     Administrator with the agreement of the applicant.

[[Page S11235]]

       (B) Constructive denial.--If the Administrator fails to 
     issue or deny the permit in accordance with subparagraph (A), 
     the application shall be considered to be denied by the 
     Administrator.
       (5) Review for certain projects.--A project that, as 
     determined by the Administrator, would be less complex, or 
     pose less risk, than other projects under review by the 
     Administrator for a permit under this section, may be 
     reviewed, at the discretion of the Administrator, under a 
     more simple and rapid review process under this subsection.
       (g) Effect of Permits.--
       (1) In general.--A permit issued under this section to 
     carry out a project for the remediation of an inactive or 
     abandoned mine site--
       (A) authorizes the permittee to carry out the activities 
     described in the permit;
       (B) authorizes enforcement under this section; and
       (C) provides to the permittee, in carrying out the 
     activities authorized under the permit, protection from 
     actions taken, obligations, and liabilities arising under the 
     environmental laws specified in the permit.
       (2) Cross-compliance.--A permittee shall comply with the 
     terms and conditions of a permit issued under this section in 
     lieu of compliance with the environmental laws specified in 
     the permit with respect to the work authorized under the 
     permit.
       (h) Content of Permits.--
       (1) In general.--A permit issued under this section shall 
     contain--
       (A) a detailed description of the engineering and other 
     work that is authorized under the permit;
       (B) a specific list of environmental laws, or selected 
     provisions of environmental laws, with respect to which 
     compliance with the permit will operate in lieu of compliance 
     with the laws;
       (C) a provision that states that the permittee is 
     responsible for securing, for all activities authorized under 
     the permit, all authorizations, licenses, and permits that 
     are required under applicable law, other than the 
     environmental laws described in subsection (g)(2); and
       (D) any other terms and conditions that are determined to 
     be appropriate by the Administrator.
       (2) Investigative sampling.--
       (A) In general.--A permit may identify an appropriate 
     program of investigative sampling to be completed prior to 
     remediation, as determined by the Administrator upon 
     application.
       (B) Option to decline remediation.--In the event that 
     investigative sampling is authorized, the permit may allow 
     the permittee to decline to undertake remediation based upon 
     sampling results.
       (C) Permit modification.--Based upon sampling results, a 
     permittee may apply for a permit modification using the 
     permit procedures in this Act.
       (3) Timing.--Work authorized under a permit shall--
       (A) commence not later than the date that is 18 months 
     after the date of issuance of the permit; and
       (B) continue until completed, with temporary suspensions 
     permitted during adverse weather or other conditions 
     specified in the permit.
       (4) Signature by permittee.--The signature of the permittee 
     on the permit shall be considered to be an acknowledgment by 
     the permittee that the permittee accepts the terms and 
     conditions of the permit.
       (5) Transfer of permits.--A permit may be transferred to 
     another person only if--
       (A) the Administrator determines that the transferee will 
     satisfy all of the requirements of the permit;
       (B) the transferee signs the permit; and
       (C) the Administrator includes in the transferred permit 
     any additional conditions necessary to meet the goals of this 
     section.
       (6) Termination of permit.--The authority to carry out work 
     under a permit issued under this section shall terminate if 
     the work does not commence by the date that is 18 months 
     after the date of issuance of the permit.
       (i) Role of Administrator.--In carrying out this section, 
     the Administrator shall--
       (1) consult with prospective applicants;
       (2) accept permit applications under this section;
       (3) convene, coordinate, and lead the application review 
     process;
       (4) maintain all records relating to the permit and the 
     permit process;
       (5) provide an opportunity for cooperating agencies and the 
     public to participate in the permit process;
       (6) issue the permit under this section, if appropriate; 
     and
       (7) enforce and otherwise carry out this section.
       (j) Cooperating Agencies.--If the Administrator learns that 
     an application for the remediation of a mine site under this 
     section will be submitted to the Administrator, the 
     Administrator shall (as soon as practicable) provide a notice 
     of the application to--
       (1) the lead State agency designated under subsection 
     (d)(2)(D);
       (2) each local government located within a radius of 20 
     miles of the mine site; and
       (3) each Federal and State agency that may have an interest 
     in the application.
       (k) Public Participation.--
       (1) Potential submission of applications.--If the 
     Administrator learns that an application for the remediation 
     of a mine site under this section will be submitted to the 
     Administrator, the Administrator shall (as soon as 
     practicable) provide to the public a notice that describes--
       (A) the location of the mine site;
       (B) the scope and nature of the proposed remediation; and
       (C) the name of the Good Samaritan that will be carrying 
     out the proposed remediation.
       (2) Receipt of application.--If the Administrator receives 
     an application for the remediation of a mine site under this 
     section, the Administrator shall (as soon as practicable) 
     provide to the public a notice that provides the information 
     described in paragraph (1).
       (3) Hearing.--
       (A) In general.--Not later than 45 days after the date of 
     receipt of a complete application for the remediation of a 
     mine site under this section, the Administrator shall hold a 
     hearing in the vicinity of the mine site to be remediated.
       (B) Comments.--At the hearing, the Administrator shall 
     provide the applicant, the public, and cooperating agencies 
     with the opportunity to comment on the application.
       (4) Notice of pending issuance.--Not less than 14 days 
     before the date of issuance of a permit for the remediation 
     of a mine site under this section, the Administrator shall 
     provide to the public and each cooperating agency notice of 
     the pending issuance of the permit.
       (5) Public records.--All records relating to the permit and 
     the permit process shall be considered to be public records, 
     except to the extent the records are subject to a legal 
     privilege.
       (l) Monitoring.--
       (1) In general.--The permittee shall take such actions as 
     the Administrator determines are necessary to ensure 
     appropriate baseline and post-remediation monitoring of the 
     environment under paragraphs (7) and (13) of subsection (e).
       (2) Administration.--When selecting the type and frequency 
     of the monitoring requirements to be included in a permit, if 
     any, the Administrator shall--
       (A) balance the need for monitored information against the 
     cost of the monitoring, based on the circumstances relating 
     to the remediation; and
       (B) take into account the scope of the project.
       (3) Multiparty monitoring.--The Administrator may approve 
     in a permit the conduct of monitoring by multiple parties if, 
     as determined by the Administrator, the multiparty monitoring 
     will effectively accomplish the goals of this section.
       (m) Enforcement.--
       (1) Civil penalty.--Any person who violates a permit issued 
     under this section shall be subject to a civil penalty of up 
     to $10,000 for each day of the violation.
       (2) Injunctions.--
       (A) In general.--A court may issue an injunction--
       (i) mandating that a person comply with a permit or take 
     action to abate a permit violation; or
       (ii) prohibiting a person from violating a permit.
       (B) Minimum requirement.--In the event of a permit 
     violation, and absent extraordinary circumstances, the court 
     shall, at a minimum, require--
       (i) the permittee to repair the damage to any part of the 
     environment that is caused by an action of the permittee in 
     violation of the permit; and
       (ii) the environment to be restored to the condition of the 
     environment prior to the action of the permittee in violation 
     of the permit.
       (3) Agencies.--Any government agency that signs a permit 
     issued under this section may enforce the permit through 
     appropriate administrative or judicial proceedings.
       (n) Judicial Review.--A court may set aside or modify an 
     action of the Administrator in issuing a permit under this 
     section, or an action of a State or political subdivision of 
     a State in signing a permit, only on clear and convincing 
     evidence of an abuse of discretion.
       (o) Savings Provisions.--
       (1) Emergency authority.--Nothing in this section affects 
     the authority of a Federal, State, or local agency to carry 
     out any emergency authority, including an emergency authority 
     provided under any environmental law listed in a permit.
       (2) Liability.--Except to the extent that a permit provides 
     protection under an environmental law specified in a permit 
     in accordance with subsection (g)(1)(C), nothing in this 
     section or a permit issued under this section limits the 
     liability of any person (including a permittee) under any 
     other provision of law.
       (p) Regulations.--
       (1) In general.--The Administrator may promulgate such 
     regulations as are necessary to carry out this section.
       (2) Effectiveness.--This section shall be effective 
     regardless of whether regulations are promulgated by the 
     Administrator under paragraph (1).

  Mr. SALAZAR. Mr. President, I ask unanimous consent that the text of 
the bills be printed in the Record.
  There being no objection, the bills were ordered to be printed in the 
Record, as follows:

                                S. 1850

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

[[Page S11236]]

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Rapid Efficiency Credit Act 
     of 2005''.

     SEC. 2. ACCELERATION OF CERTAIN ENERGY INCOME TAX CREDITS.

       Sections 1333(c), 1335(c), 1336(e), 1337(d), 1341(c), and 
     1342(c) of the Energy Policy Act of 2005 are each amended by 
     striking ``December 31, 2005'' and inserting ``the date of 
     the enactment of the Rapid Efficiency Credit Act of 2005''.

     SEC. 3. CREDIT FOR ENERGY STAR COMPLIANT COMPACT FLUORESCENT 
                   LIGHT BULBS.

       (a) Allowance of Credit.--Subsection (a) of section 25D(a) 
     of the Internal Revenue Code of 1986 (relating to residential 
     energy efficient property) is amended--
       (1) by striking ``and'' at the end of paragraph (2),
       (2) by striking the period at the end of paragraph (3) and 
     inserting ``, and'', and
       (3) by adding at the end the following new paragraph:
       ``(4) 30 percent of the qualified compact fluorescent light 
     expenditures made by the taxpayer during such year.''.
       (b) Maximum Credit.--Subsection (b)(1) of section 25D of 
     such Code is amended--
       (1) by striking ``and'' at the end of subparagraph (B),
       (2) by striking the period at the end of subparagraph (C) 
     and inserting ``, and'', and
       (3) by adding at the end the following new subparagraph:
       ``(D) $50 with respect to any qualified compact fluorescent 
     light expenditure.''.
       (c) Definition.--Section 25D(d) of such Code is amended by 
     adding at the end the following new paragraph:
       ``(4) Qualified compact fluorescent light expenditure.--The 
     term `qualified compact fluorescent light expenditure' means 
     an expenditure for Energy Star compliant compact fluorescent 
     light bulbs for use in a dwelling unit located in the United 
     States and used as a residence by the taxpayer.''.
       (d) Labor Costs Not Included.--Section 25D(e)(1) of such 
     Code is amended by inserting ``(other than paragraph (4) 
     thereof)'' after ``subsection (d)''.
       (e) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after the date of 
     the enactment of this Act, in taxable years ending after such 
     date.

                                S. 1851

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. FUEL ECONOMY STANDARDS.

       (a) In General.--Section 30123 of title 49, United States 
     Code, is amended by adding at the end the following:
       ``(d) Fuel Economy.--(1) Replacement tires for passenger 
     motor vehicles (as defined in section 32101 of this title) 
     shall meet the standards required for tires on new vehicles 
     under part 571 of title 49, Code of Federal Regulations, 
     including standards affecting fuel economy.
       ``(2) Nothing in this section shall apply to--
       ``(A) a tire, or a group of tires with the same SKU number, 
     plant, and year, for which the volume of tires produced or 
     imported annually is fewer than 15,000;
       ``(B) a deep tread, winter-type, snow tire, space saver 
     tire, or temporary use spare tire;
       ``(C) a tire with a normal rim measuring not more than 12 
     inches in diameter;
       ``(D) a motorcycle tire; or
       ``(E) a tire manufactured specifically for use in an off-
     road motorized recreational vehicle.''.
       (b) Rulemaking.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     issue a final rule regarding policies and procedures for 
     testing and labeling tires for fuel economy that--
       (1) secures the maximum technically feasible and cost-
     effective fuel savings;
       (2) does not adversely affect tire safety;
       (3) does not adversely affect average tire life; and
       (4) establishes minimum fuel economy standards for tires.
       (c) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the expiration of the date that is 180 
     days after the date of enactment of this Act.

                                S. 1852

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Reducing the Incentives to 
     Guzzle Gas Act''.

     SEC. 2. INCLUSION OF HEAVY VEHICLES IN LIMITATION ON 
                   DEPRECIATION OF CERTAIN LUXURY AUTOMOBILES.

       (a) In General.--Section 280F(d)(5)(A) of the Internal 
     Revenue Code of 1986 (defining passenger automobile) is 
     amended--
       (1) by striking clause (ii) and inserting the following new 
     clause:
       ``(ii)(I) which is rated at 6,000 pounds unloaded gross 
     vehicle weight or less, or
       ``(II) which is rated at more than 6,000 pounds but not 
     more than 14,000 pounds gross vehicle weight.'',
       (2) by striking ``clause (ii)'' in the second sentence and 
     inserting ``clause (ii)(I)''.
       (b) Exception for Vehicles Used in Farming Business.--
     Section 280F(d)(5)(B) of such Code (relating to exception for 
     certain vehicles) is amended by striking ``and'' at the end 
     of clause (ii), by redesignating clause (iii) as clause (iv), 
     and by inserting after clause (ii) the following new clause:
       ``(iii) any vehicle used in a farming business (as defined 
     in section 263A(e)(4), and''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after the date of 
     the enactment of this Act.

     SEC. 3. UPDATED DEPRECIATION DEDUCTION LIMITS.

       (a) In General.--Subparagraph (A) of section 280F(a)(1) of 
     the Internal Revenue Code of 1986 (relating to limitation on 
     amount of depreciation for luxury automobiles) is amended to 
     read as follows:
       ``(A) Limitation.--The amount of the depreciation deduction 
     for any taxable year shall not exceed for any passenger 
     automobile--
       ``(i) for the 1st taxable year in the recovery period--

       ``(I) described in subsection (d)(5)(A)(ii)(I), $4,000,
       ``(II) described in the second sentence of subsection 
     (d)(5)(A), $5,000, and
       ``(III) described in subsection (d)(5)(A)(ii)(II), $6,000,

       ``(ii) for the 2nd taxable year in the recovery period--

       ``(I) described in subsection (d)(5)(A)(ii)(I), $6,400,
       ``(II) described in the second sentence of subsection 
     (d)(5)(A), $8,000, and
       ``(III) described in subsection (d)(5)(A)(ii)(II), $9,600,

       ``(iii) for the 3rd taxable year in the recovery period--

       ``(I) described in subsection (d)(5)(A)(ii)(I), $3,850,
       ``(II) described in the second sentence of subsection 
     (d)(5)(A), $4,800, and
       ``(III) described in subsection (d)(5)(A)(ii)(II), $5,775, 
     and

       ``(iv) for each succeeding taxable year in the recovery 
     period--

       ``(I) described in subsection (d)(5)(A)(ii)(I), $2,325,
       ``(II) described in the second sentence of subsection 
     (d)(5)(A), $2,900, and
       ``(III) described in subsection (d)(5)(A)(ii)(II), 
     $3,475.''.

       (b) Years After Recovery Period.--Section 280F(a)(1)(B)(ii) 
     of such Code is amended to read as follows:
       ``(ii) Limitation.--The amount treated as an expense under 
     clause (i) for any taxable year shall not exceed for any 
     passenger automobile--

       ``(I) described in subsection (d)(5)(A)(ii)(I), $2,325,
       ``(II) described in the second sentence of subsection 
     (d)(5)(A), $2,900, and
       ``(III) described in subsection (d)(5)(A)(ii)(II), 
     $3,475.''.

       (c) Inflation Adjustment.--Section 280F(d)(7) of such Code 
     (relating to automobile price inflation adjustment) is 
     amended--
       (1) by striking ``after 1988'' in subparagraph (A) and 
     inserting ``after 2006'', and
       (2) by striking subparagraph (B) and inserting the 
     following new subparagraph:
       ``(B) Automobile price inflation adjustment.--For purposes 
     of this paragraph--
       ``(i) In general.--The automobile price inflation 
     adjustment for any calendar year is the percentage (if any) 
     by which--

       ``(I) the average wage index for the preceding calendar 
     year, exceeds
       ``(II) the average wage index for 2005.

       ``(ii) Average wage index.--The term `average wage index' 
     means the average wage index published by the Social Security 
     Administration.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after the date of 
     the enactment of this Act.

     SEC. 4. EXPENSING LIMITATION FOR FARM VEHICLES.

       (a) In General.--Paragraph (6) of section 179(b) of the 
     Internal Revenue Code of 1986 (relating to limitations) is 
     amended to read as follows:
       ``(6) Limitation on cost taken into account for farm 
     vehicles.--The cost of any vehicle described in section 
     280F(d)(5)(B)(iii) for any taxable year which may be taken 
     into account under this section shall not exceed $30,000.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to property placed in service after the date of 
     the enactment of this Act.

                                S. 1853

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Reduce Government Fuel 
     Consumption Act of 2005''.

     SEC. 2. REDUCTION OF EMPLOYEE VEHICLE FUEL CONSUMPTION BY 
                   FEDERAL AGENCIES.

       Section 543 of the National Energy Conservation Policy Act 
     (42 U.S.C. 8253) (as amended by section 103 of the Energy 
     Policy Act of 2005 (Public Law 109-58)) is amended by adding 
     at the end the following:
       ``(f) Reduction of Employee Vehicle Fuel Consumption by 
     Federal Agencies.--
       ``(1) In general.--Each agency shall take such actions as 
     are necessary to reduce the level of fuel consumed by 
     vehicles of employees of the agency (other than fuel used for 
     military purposes), in connection with the employment of the 
     employees, by (to the maximum extent practicable) at least 10 
     percent during the 1-year period beginning on the date of 
     enactment of this subsection.

[[Page S11237]]

       ``(2) Methods.--An agency may use such methods as the 
     agency determines are appropriate to achieve the target 
     established by paragraph (1), including--
       ``(A) telework;
       ``(B) carpooling;
       ``(C) bicycling and walking to work;
       ``(D) fuel-efficient trip planning;
       ``(E) public transportation use; and
       ``(F) limiting travel days for vehicle travel outside the 
     office.
       ``(3) Measurement.--An agency may use such measures as the 
     agency determines are appropriate to determine whether the 
     agency has achieved the target established by paragraph (1), 
     including--
       ``(A) a reduction in travel vehicle travel miles reimbursed 
     by the agency; and
       ``(B) certification of the methods described in paragraph 
     (2).''.

                                S. 1854

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Treat Emergency Victims 
     Fairly Act of 2005''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) Price gouging in emergencies, including natural 
     disasters and other emergencies, is reprehensible commercial 
     activity.
       (2) Emergencies place great strains on commercial and 
     consumer relationships in the areas affected.
       (3) Emergencies can strain commercial and consumer 
     relationships in areas beyond those directly damaged or 
     affected by the emergency.
       (4) It is an unfortunate truth that some will try to take 
     advantage of others in emergency situations by price gouging 
     for consumer and other commercial goods or services.
       (5) Price gouging can take place prior to, during, and 
     following natural disasters and other emergencies.
       (6) Price gouging in commercial and consumer settings 
     affects interstate commerce.
       (7) Price gouging--
       (A) distorts markets without regard to State lines;
       (B) disturbs and interferes with the flow of commodities 
     and services across State lines; and
       (C) creates or exacerbates shortages and interruptions of 
     supplies of materials across State lines.
       (8) It is in the interest of the United States to prohibit 
     and deter price gouging.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Emergency.--The term ``emergency'' means a natural 
     disaster or other circumstance or event that is formally 
     declared to be an emergency by Federal or State authorities. 
     An emergency may be associated with a designated area.
       (2) Goods or services.--The term ``goods or services'' 
     means goods or services of any type, including food, 
     transportation, housing, and energy supplies.
       (3) Person.--The term ``person'' means a natural person, 
     corporation, governmental body, or other entity.
       (4) Price gouging.--
       (A) In general.--The term ``price gouging'' means charging 
     an unreasonable and unconscionable price for a good or 
     service immediately prior to, during, or following an 
     emergency.
       (B) Presumption.--
       (i) Affirmative.--A price for a good or service is presumed 
     to be unreasonable and unconscionable--

       (I) in the designated area of an emergency if it reflects a 
     price increase at least 10 percent greater than the average 
     price for the good or service charged by the seller in the 
     designated area during the 30 days prior to the formal 
     declaration of the emergency; and
       (II) outside the designated area of an emergency if the 
     price is affected by the emergency and if the price reflects 
     a price increase at least 10 percent greater than the average 
     price for the good or service charged by the seller in the 
     area of the sale during the 30 days prior to the formal 
     declaration of an emergency.

     For purposes of subclause (II), a price is presumed to be 
     affected by the emergency if, within 30 days following the 
     declaration of the emergency, the price is at least 25 
     percent greater than the average price for the good or 
     service charged by the seller in the area of the sale during 
     the 30 days prior to the formal declaration of the emergency.
       (ii) Negative.--A price for a good or service is not 
     unreasonable and unconscionable if it reflects only the cost 
     of the good or service to the seller prior to the emergency, 
     the average profit margin of the seller during the 30 days 
     prior to the formal declaration of an emergency, and the 
     increased costs actually incurred by the seller to sell the 
     good or service during or following the emergency.

     SEC. 4. CAUSE OF ACTION.

       (a) In General.--It shall be unlawful for any seller of 
     goods or services to engage in price gouging.
       (b) Litigation.--A cause of action under this section may 
     be brought--
       (1) in Federal or State court; and
       (2) by the Federal Government, through the Attorney 
     General, or a State Government acting through its attorney 
     general.
       (c) Venue and Procedure.--
       (1) Federal court.--An action in Federal court under this 
     section may be brought in any court whose jurisdiction 
     includes--
       (A) the geographic area in which price gouging is alleged 
     to have occurred; or
       (B) the State which is a plaintiff in the action.
       (2) State court.--An action in State court under this 
     section shall conform to State rules of procedure.
       (d) Expedited Federal Consideration.--An action under this 
     section in Federal court shall receive expedited review.
       (e) Investigations.--
       (1) In general.--During the course of an investigation 
     under this section by the Attorney General of the United 
     States or a State attorney general, whether prior to filing 
     an action or during such an action, the investigating 
     attorney general may--
       (A) order any person to file a statement, report in 
     writing, or answer questions in writing, under oath or 
     otherwise, concerning facts or circumstances reasonably 
     related to alleged price gouging;
       (B) order any person to provide data or information the 
     attorney general reasonably deems to be necessary to an 
     investigation; and
       (C) issue subpoenas to require the attendance of witnesses 
     or the production of relevant documents, administer oaths, 
     and conduct hearings in aid of the investigation.
       (2) Enforcement.--A subpoena issued under this subsection 
     may be enforced in Federal or State court.
       (3) Penalty.--Failure to comply with an order or subpoena 
     under this subsection is subject to a civil penalty of up to 
     $10,000.
       (f) Limitation.--An action under this section shall be 
     brought not later than 3 years of the date of the sale of the 
     goods or services at issue.

     SEC. 5. DAMAGES AND PENALTIES.

       (a) In General.--A prevailing plaintiff shall be entitled 
     to--
       (1) plaintiff's damages incurred as a result of the price 
     gouging, including without limitation a refund of all prices 
     paid by the plaintiff in excess of conscionable and 
     reasonable prices;
       (2) injunctive relief prohibiting the defendant from price 
     gouging or mandating action; and
       (3) attorneys fees and costs incurred by the plaintiff.
       (b) Restitution.--The Attorney General of the United States 
     and a State attorney general, in an action brought on behalf 
     of the citizens of the United States or a State, 
     respectively, may recover restitution or disgorgement of 
     excess profits on behalf of those citizens.
       (c) Civil Penalties.--
       (1) In general.--A person who violates section 4(a) shall 
     be subject to civil penalties of up to $10,000 per incident.
       (2) Disposition of penalties.--Civil penalties collected 
     through an action by the United States Attorney General shall 
     be deposited in the United States Treasury. Civil penalties 
     collected through an action by an attorney general of a State 
     shall be deposited in the State's treasury. The court may 
     apportion the deposit of civil penalties as appropriate in 
     the circumstances.

     SEC. 6. ATTORNEY GENERAL AUTHORITIES.

       The Attorney General of the United States shall--
       (1) provide assistance to and cooperate with the States in 
     State investigations of price gouging and in State litigation 
     brought under this Act;
       (2) create and disseminate guidelines designed to assist 
     the public to recognize and report price gouging and 
     establish a system to gather and disseminate information 
     about instances of reported price gouging; and
       (3) provide grants to offices of the State attorneys 
     general of not greater than $50,000 in order to support the 
     pursuit of price gouging investigations and other activities.

     SEC. 7. SAVINGS PROVISION.

       This Act shall not preempt or otherwise affect any State or 
     local law.

                          ____________________