[Congressional Record Volume 155, Number 133 (Monday, September 21, 2009)]
[Senate]
[Pages S9592-S9595]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2445. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill H.R. 2996, making appropriations for the Department of 
the Interior, environment, and related agencies for the fiscal year 
ending September 30, 2010, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 240, between lines 13 and 14, insert the following:

     SEC. 423. TAR CREEK SUPERFUND SITE.

       (a) In General.--To expedite the cleanup of the Federal 
     land and Indian land at the Tar Creek Superfund Site 
     (referred to in this section as the ``site''), any purchase 
     of chat (as defined in section 278.1(b) of title 40, Code of 
     Federal Regulations (or a successor regulation)), from the 
     site shall be--
       (1) counted at twice the purchase price of the chat; and
       (2) eligible to be counted toward meeting the federally 
     required disadvantaged business enterprise set-aside on 
     federally funded projects.
       (b) Restricted Indian Owners.--Subsection (a) shall only 
     apply if the purchase of chat is made from 1 or more 
     restricted Indian owners or an Indian tribe.
       (c) Applicable Law.--The use of chat acquired under 
     subsection (a) shall conform with applicable laws (including 
     the regulations for the use of chat promulgated by the 
     Administrator of the Environmental Protection Agency).
                                 ______
                                 
  SA 2446. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill H.R. 2996, making appropriations for the Department 
of the Interior, environment, and related agencies for the fiscal year 
ending September 30, 2010, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 185, line 21, after ``Provided,'' insert ``That, 
     notwithstanding section 603(d) of the Federal Water Pollution 
     Control Act (33 U.S.C. 1383(d)) or section 1452(f) of the 
     Safe Drinking Water Act (42 U.S.C. 300j-12(f)), in the case 
     of the funds appropriated under this heading, each State 
     shall use not less than 30 percent of the amount of the 
     capitalization grants of the State to provide additional 
     subsidization to eligible recipients in the form of 
     forgiveness of principal, negative interest loans, or grants 
     (or any combination of those forms of assistance): Provided 
     further,''.
                                 ______
                                 
  SA 2447. Mrs. HUTCHISON (for herself, Mr. Ensign, Mr. Brownback, Mr. 
Vitter, Mr. DeMint, and Mr. Thune) submitted an amendment intended to 
be proposed by her to the bill H.R. 2996, making appropriations for the 
Department of the Interior, environment, and related agencies for the 
fiscal year ending September 30, 2010, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. PROHIBITION ON FCC REGARDING NET NEUTRALITY.

       The Federal Communications Commission shall not expend any 
     funds from any account in fiscal year 2010--
       (1) to implement any Internet neutrality or network 
     management principles; or
       (2) to promulgate any rules relating to such principles.
                                 ______
                                 
  SA 2448. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill H.R. 2996, making appropriations for the Department of 
the Interior, environment, and related agencies for the fiscal year 
ending September 30, 2010, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 141, line 10, before the period at the end, insert 
     the following: ``Provided further, that the Draft Proposed 
     Outer Continental Shelf Oil and Gas Leasing Program 2010-2015 
     issued by the Secretary of the Interior under section 18 of 
     the Outer Continental Shelf Lands Act (43 U.S.C. 1344) is 
     considered to have been approved by the Secretary as a final 
     oil and gas leasing program''.
                                 ______
                                 
  SA 2449. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill H.R. 2996, making appropriations for the Department of 
the Interior, environment, and related agencies for the fiscal year 
ending September 30, 2010, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 240, between lines 13 and 14, insert the following:

     SEC. 423. PROHIBITION ON USE OF FUNDS.

       None of the funds made available by this Act may be used to 
     terminate or reduce any programs at the National Center for 
     Environmental Economics.

[[Page S9593]]

                                 ______
                                 
  SA 2450. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill H.R. 2996, making appropriations for the Department of 
the Interior, environment, and related agencies for the fiscal year 
ending September 30, 2010, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 240, between lines 13 and 14, insert the following:

     SEC. 423. PROHIBITION ON USE OF FUNDS TO DEVELOP REGIONAL 
                   CLIMATE CHANGE OFFICES.

       No funds made available by this Act may be used to develop 
     Regional Climate Change offices within the Department of the 
     Interior.
                                 ______
                                 
  SA 2451. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill H.R. 2996, making appropriations for the Department of 
the Interior, environment, and related agencies for the fiscal year 
ending September 30, 2010, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 240, between lines 13 and 14, insert the following:

     SEC. 423. PROHIBITION ON USE OF FUNDS TO IMPLEMENT GREENHOUSE 
                   GAS RULE UNTIL EVALUATION OF POTENTIAL LOSS OR 
                   SHIFTS OF EMPLOYMENT COMPLETED.

       None of the funds made available under this Act shall be 
     used to finalize or implement the proposed rule of the 
     Administrator of the Environmental Protection Agency entitled 
     ``Proposed Endangerment and Cause or Contribute Findings for 
     Greenhouse Gases Under Section 202(a) of the Clean Air Act'' 
     (74 Fed. Reg. 18886 (April 24, 2009)) (referred to in this 
     section as the ``proposed rule'') until the Administrator of 
     the Environmental Protection Agency conducts, in accordance 
     with section 321(a) of the Clean Air Act (42 U.S.C. 7621(a)), 
     an evaluation of potential loss or shifts of employment that 
     may result from the finalization or administration of the 
     proposed rule.
                                 ______
                                 
  SA 2452. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill H.R. 2996, making appropriations for the Department of 
the Interior, environment, and related agencies for the fiscal year 
ending September 30, 2010, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 240, between lines 13 and 14, insert the following:

     SEC. 423. PROHIBITION ON USE OF FUNDS TO REGULATE CARBON 
                   DIOXIDE EMISSIONS.

       No funds made available by this Act shall be used to 
     regulate carbon dioxide emissions until the date on which 
     China and India have both signed international agreements 
     that provide regulations requiring reductions in carbon 
     dioxide in China and India, respectively, in a percentage 
     that is similar to the percentage reductions in carbon 
     dioxide emissions required under Federal law in the United 
     States.
                                 ______
                                 
  SA 2453. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill H.R. 2996, making appropriations for the Department of 
the Interior, environment, and related agencies for the fiscal year 
ending September 30, 2010, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 182, line 12, before the period, insert the 
     following: ``: Provided, That that the Administrator of the 
     Environmental Protection Agency shall use $1,000,000 of the 
     amount made available under this heading to enter into an 
     arrangement with the National Academy of Sciences under which 
     the Academy shall conduct a study of the cancer and noncancer 
     health effects from exposure to formaldehyde and, not later 
     than 60 days after the date of enactment of this Act, submit 
     to the Committee on Appropriations, and the Committee on 
     Energy and Natural Resources, of the Senate and the Committee 
     on Appropriations, and the Committee on Energy and Commerce, 
     of the House of Representatives, documentation of an executed 
     contract to carry out the study''.
                                 ______
                                 
  SA 2454. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill H.R. 2996, making appropriations for the Department of 
the Interior, environment, and related agencies for the fiscal year 
ending September 30, 2010, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 240, between lines 13 and 14, insert the following:

     SEC. 423. PROHIBITION ON USE OF FUND TO DELAY DRAFT PROPOSED 
                   OUTER CONTINENTAL SHELF OIL AND GAS LEASING 
                   PROGRAM 2010-2015.

       None of the funds made available by this Act shall be used 
     to delay the Draft Proposed Outer Continental Shelf Oil and 
     Gas Leasing Program 2010-2015 issued by the Secretary of the 
     Interior under section 18 of the Outer Continental Shelf 
     Lands Act (43 U.S.C. 1344).
                                 ______
                                 
  SA 2455. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill H.R. 2996, making appropriations for the Department of 
the Interior, environment, and related agencies for the fiscal year 
ending September 30, 2010, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 141, line 10, before the period at the end, insert 
     the following: ``Provided further, that the Draft Proposed 
     Outer Continental Shelf Oil and Gas Leasing Program 2010-2015 
     issued by the Secretary of the Interior under section 18 of 
     the Outer Continental Shelf Lands Act (43 U.S.C. 1344) is 
     considered to have been approved by the Secretary as a final 
     oil and gas leasing program: Provided further, that not later 
     than 180 days after the date of enactment of this Act, the 
     Secretary of the Interior shall conduct at least 1 lease sale 
     in the Atlantic Planning Area, 1 lease sale in the Pacific 
     Planning Area, 1 lease sale in the Alaska Planning Area, and 
     3 lease sales in the Gulf of Mexico Planning Area unless the 
     Secretary determines that there is not a commercial interest 
     in purchasing Federal oil and gas leases for production in 
     the applicable planning area''.
                                 ______
                                 
  SA 2456. Mr. CARPER (for himself, Mr. Merkley, and Ms. Klobuchar) 
submitted an amendment intended to be proposed by him to the bill H.R. 
2996, making appropriations for the Department of the Interior, 
environment, and related agencies for the fiscal year ending September 
30, 2010, and for other purposes; as follows:

       On page 192, between lines 6 and 7, insert the following:

          General Provisions, Environmental Protection Agency


                              black carbon

       Sec. 201.  (a) Not later than 18 months after the date of 
     enactment of this Act, the Administrator, in consultation 
     with other Federal agencies, shall carry out and submit to 
     Congress the results of a study to define black carbon, 
     assess the impacts of black carbon on global and regional 
     climate, and identify the most cost-effective ways to reduce 
     black carbon emissions--
       (1) to improve global and domestic public health; and
       (2) to mitigate the climate impacts of black carbon.
       (b) In carrying out the study, the Administrator shall--
       (1) identify global and domestic black carbon sources, the 
     quantities of emissions from those sources, and cost-
     effective mitigation technologies and strategies;
       (2) evaluate the public health, climate, and economic 
     impacts of black carbon;
       (3) identify current and practicable future opportunities 
     to provide financial, technical, and related assistance to 
     reduce domestic and international black carbon emissions; and
       (4) identify opportunities for future research and 
     development to reduce black carbon emissions and protect 
     public health in the United States and internationally.
       (c) Of the amounts made available under this title under 
     the heading ``Environmental Programs and Management'' for 
     operations and administration, the Administrator shall use up 
     to $2,000,000 to carry out this section.
                                 ______
                                 
  SA 2457. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill H.R. 2996, making appropriations for the Department 
of the Interior, environment, and related agencies for the fiscal year 
ending September 30, 2010, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 179, strike line 6 and all that follows through 
     page 180, line 9.
                                 ______
                                 
  SA 2458. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill H.R. 2996, making appropriations for the Department 
of the Interior, environment, and related agencies for the fiscal year 
ending September 30, 2010, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 240, between lines 13 and 14, insert the following:

     SEC. 423. WAIVER FOR MID-LEVEL ETHANOL BLENDS.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Mid-level ethanol blend.--The term ``mid-level ethanol 
     blend'' means an ethanol-gasoline blend containing greater 
     than 10 percent ethanol by volume that is for use in any 
     conventional gasoline-powered onroad or nonroad vehicle or 
     engine.
       (3) Widespread use.--The term ``widespread use'' has the 
     meaning given the term by the Administrator in accordance 
     with the determination of the Administrator under section 
     202(a)(6) of the Clean Air Act (42 U.S.C. 7521(a)(6)).
       (b) Waiver Required.--No funds made available by this Act 
     shall be used to approve the introduction into commerce of a

[[Page S9594]]

     mid-level ethanol blend until the fuels and fuel additives 
     waiver process under section 211(f)(4) of the Clean Air Act 
     (42 U.S.C. 7545(f)(4)) has been completed.
       (c) Applicability.--The approval under subsection (b) shall 
     apply--
       (1) to all conventional gasoline-powered onroad and nonroad 
     vehicles and engines and engines in use as of the date of the 
     approval under that subsection; or
       (2) if the Administrator certifies that the mid-level 
     ethanol blend will not violate section 211(f)(4) of the Clean 
     Air Act (42 U.S.C. 7545(f)(4)), to all conventional gasoline-
     powered onroad and nonroad vehicles and engines in widespread 
     use in commerce as of the date of the certification by the 
     Administrator.
                                 ______
                                 
  SA 2459. Mr. DORGAN submitted an amendment intended to be proposed by 
him to the bill H.R. 2996, making appropriations for the Department of 
the Interior, environment, and related agencies for the fiscal year 
ending September 30, 2010, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. AGENCY ADMINISTRATIVE EXPENSES.

       (a) Definitions.--In this section:
       (1) Administrative expenses.--The term ``administrative 
     expenses'' has the meaning as determined by the Director 
     under subsection (b)(2).
       (2) Agency.--The term ``agency''--
       (A) means an agency as defined under section 1101 of title 
     31, United States Code,--
       (i) that is established in the executive branch; and
       (ii) for which funds are appropriated or made available 
     under this Act; and
       (B) shall not include the District of Columbia government.
       (3) Director.--The term ``Director'' means the Director of 
     the Office of Management and Budget.
       (b) Administrative Expenses.--
       (1) In general.--All agencies shall include a separate 
     category for administrative expenses when submitting their 
     appropriation requests to the Office of Management and Budget 
     for fiscal year 2011 and each fiscal year thereafter.
       (2) Administrative expenses determined.--In consultation 
     with the agencies, the Director shall establish and revise as 
     necessary a definition of administration expenses for the 
     purposes of this section. All questions regarding the 
     definition of administrative expenses shall be resolved by 
     the Director.
       (c) Budget Submission.--Each budget of the United States 
     Government submitted under section 1105 of title 31, United 
     States Code, for fiscal year 2011 and each fiscal year 
     thereafter shall include the amount requested for each agency 
     for administrative expenses.
                                 ______
                                 
  SA 2460. Mrs. FEINSTEIN (for herself, Mr. Levin, Mr. Schumer, Mr. 
Alexander, Mr. Cochran, Mr. Bennett, and Mr. Warner) proposed an 
amendment to the bill H.R. 2996, making appropriations for the 
Department of the Interior, environment, and related agencies for the 
fiscal year ending September 30, 2010, and for other purposes; as 
follows:

       On page 219, line 5, before ``and including'' insert the 
     following: ``of which $250,000 shall be made available to 
     carry out activities under the Civil Rights History Project 
     Act of 2009 (20 U.S.C. 80s et seq.), to remain available 
     until expended;''.
                                 ______
                                 
  SA 2461. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 2996, making appropriations for the Department of 
the Interior, environment, and related agencies for the fiscal year 
ending September 30, 2010, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 135, line 2, insert before the period at the end 
     the following: ``: Provided, That none of the funds made 
     available under this Act may be used for the Des Moines Art 
     Center in the State of Iowa''.
                                 ______
                                 
  SA 2462. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 2996, making appropriations for the Department of 
the Interior, environment, and related agencies for the fiscal year 
ending September 30, 2010, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 135, line 2, insert before the period at the end 
     the following: ``: Provided, That none of the funds made 
     available under this Act may be used for the Richard Olmstead 
     Complex in Buffalo, New York''.
                                 ______
                                 
  SA 2463. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 2996, making appropriations for the Department of 
the Interior, environment, and related agencies for the fiscal year 
ending September 30, 2010, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. ___. (a) Notwithstanding any other provision of this 
     Act and except as provided in subsection (b), any report 
     required to be submitted by a Federal agency or department to 
     the Committee on Appropriations of either the Senate or the 
     House of Representatives in this Act shall be posted on the 
     public website of that agency upon receipt by the committee.
       (b) Subsection (a) shall not apply to a report if--
       (1) the public posting of the report compromises national 
     security; or
       (2) the report contains proprietary information.
                                 ______
                                 
  SA 2464. Mr. COBURN (for himself and Mr. McCain) submitted an 
amendment intended to be proposed by him to the bill H.R. 2996, making 
appropriations for the Department of the Interior, environment, and 
related agencies for the fiscal year ending September 30, 2010, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  In the matter under the heading ``National Park 
     Service'' under the heading ``DEPARTMENT OF THE INTERIOR'' of 
     title I--
       (1) reduce the overall amount made available under the 
     heading ``national recreation and preservation'' by 
     $1,000,000 by eliminating any funding for the Sewall-Belmont 
     House; and
       (2) increase the overall amount made available under the 
     heading ``construction'' by $1,000,000 to be used to reduce 
     the National Park Service maintenance backlog.
                                 ______
                                 
  SA 2465. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 2996, making appropriations for the Department of 
the Interior, environment, and related agencies for the fiscal year 
ending September 30, 2010, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PROHIBITION ON USE OF FUNDS TO IMPEDE OPERATIONAL 
                   CONTROL.

       None of the funds made available by this Act may be used to 
     impede, prohibit, or restrict activities of the Secretary of 
     Homeland Security to achieve operational control (as defined 
     in section 2(b) of the Secure Fence Act of 2006 (8 U.S.C. 
     1701 note; Public Law 109-367) over the international land 
     and maritime borders of the United States.
                                 ______
                                 
  SA 2466. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 2996, making appropriations for the Department of 
the Interior, environment, and related agencies for the fiscal year 
ending September 30, 2010, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PROHIBITION ON USE OF FUNDS TO DELAY THE DEVELOPMENT 
                   OF RENEWABLE ENERGY ON PUBLIC LAND.

       None of the funds made available by this Act may be used to 
     promulgate or implement any new regulation to delay, 
     restrict, or halt--
       (1) the development of renewable energy on public land; or
       (2) the licensing and development of transmission lines on 
     public land necessary to deliver electricity derived from 
     renewable resources on public land.
                                 ______
                                 
  SA 2467. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 2996, making appropriations for the Department of 
the Interior, environment, and related agencies for the fiscal year 
ending September 30, 2010, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. MAINTENANCE BACKLOG.

       Notwithstanding any other provision of this Act, any funds 
     provided from the land and water conservation fund 
     established under section 2 of the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l-5) to an agency 
     under this Act for federal land acquisition shall be used by 
     the agency to reduce the maintenance backlog of the agency.
                                 ______
                                 
  SA 2468. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 2996, making appropriations for the Department of 
the Interior, environment, and related agencies for the fiscal year 
ending September 30, 2010, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REPORT ON MAINTAINING FEDERAL LAND HOLDINGS.

       Not later than 120 days after the date on which the 
     President submits to Congress the

[[Page S9595]]

     budget of the United States for fiscal year 2011, the 
     President shall submit to the Committee on Appropriations of 
     the House of Representatives and the Committee on 
     Appropriations of the Senate a report that describes--
       (1) all Federal land holdings; and
       (2) the total cost of maintaining the Federal land holdings 
     described under paragraph (1) for each of fiscal years 2008 
     through 2010, including an accounting of holdings and 
     expenditures by each Federal agency with respect to the land 
     holdings.
                                 ______
                                 
  SA 2469. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 2441 submitted by Mr. Dorgan and intended to be proposed 
to the bill H.R. 2996, making appropriations for the Department of the 
Interior, environment, and related agencies for the fiscal year ending 
September 30, 2010, and for other purposes; which was ordered to lie on 
the table; as follows:

       Beginning on page 1, strike line 3 and all that follows 
     through page 2, line 13, and insert the following:
       ``(g) Requirements for Inclusion and Removal of Property in 
     a National Heritage Area.--
       ``(1) Private property inclusion.--No privately owned 
     property shall be included in a National Heritage Area unless 
     the owner of the private property provides to the management 
     entity a written request for the inclusion.
       ``(2) Property removal.--
       ``(A) Private property.--At the request of an owner of 
     private property included in a National Heritage Area 
     pursuant to paragraph (1), the private property shall be 
     immediately withdrawn from the National Heritage Area if the 
     owner of the property provides to the management entity a 
     written notice requesting removal.
       ``(B) Public property.--
       ``(i) Inclusion.--Only on written notice from the 
     appropriate State or local government entity may public 
     property be included in a National Heritage Area.
       ``(ii) Withdrawal.--On written notice from the appropriate 
     State or local government entity, public property shall be 
     immediately withdrawn from a National Heritage Area.''.
       (b) Prohibition on Use of Funds.--None of the funds made 
     available by this Act shall be made available for a Heritage 
     Area that does not comply with section 8004(g) of the Omnibus 
     Public Land Management Act of 2009 (Public Law 111-11; 123 
     Stat. 1240) (as amended by this section).

                          ____________________