[Congressional Record Volume 158, Number 31 (Tuesday, February 28, 2012)]
[Senate]
[Pages S1090-S1097]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1742. Mr. PORTMAN submitted an amendment intended to be proposed 
by him to the bill S. 1813, to reauthorize Federal-aid highway and 
highway safety construction programs, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 469, after line 22, add the following:

     SEC. 15___. NONHIGHWAY USES IN REST AREAS.

       (a) In General.--A State may permit any nonhighway use in 
     any rest area along any highway (as defined in section 101 of 
     title 23, United States Code), including any commercial 
     activity that does not impair the highway or interfere with 
     the full use and safety of the highway.
       (b) Private Parties.--A State may permit any private party 
     to carry out a nonhighway use described in subsection (a).
       (c) Revenues Generated by Nonhighway Uses.--A State may use 
     any revenues generated by a nonhighway use described in 
     subsection (a) to carry out any project (as defined in 
     section 101 of title 23, United States Code).
                                 ______
                                 
  SA 1743. Mr. BLUNT submitted an amendment intended to be proposed to 
amendment SA 1730 proposed by Mr. Reid to the bill S. 1813, to 
reauthorize Federal-aid highway and highway safety construction 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       Beginning on page 813, strike line 1 and all that follows 
     through page 816, line 23.
                                 ______
                                 
  SA 1744. Mr. KOHL (for himself, Mr. Leahy, Mr. Grassley, Mr. Schumer, 
Mr. Blumenthal, Mr. Brown of Ohio, Mr. Franken, and Mr. Manchin) 
submitted an amendment intended to be proposed by him to the bill S. 
1813, to reauthorize Federal-aid highway and highway safety 
construction programs, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. NO OIL PRODUCING AND EXPORTING CARTELS ACT OF 2012.

       (a) Short Title.--This section may be cited as the ``No Oil 
     Producing and Exporting Cartels Act of 2012'' or ``NOPEC''.
       (b) Sherman Act.--The Sherman Act (15 U.S.C. 1 et seq.) is 
     amended by adding after section 7 the following:

     ``SEC. 7A. OIL PRODUCING CARTELS.

       ``(a) In General.--It shall be illegal and a violation of 
     this Act for any foreign state, or any instrumentality or 
     agent of any foreign state, to act collectively or in 
     combination with any other foreign state, any instrumentality 
     or agent of any other foreign state, or any other person, 
     whether by cartel or any other association or form of 
     cooperation or joint action--
       ``(1) to limit the production or distribution of oil, 
     natural gas, or any other petroleum product;
       ``(2) to set or maintain the price of oil, natural gas, or 
     any petroleum product; or
       ``(3) to otherwise take any action in restraint of trade 
     for oil, natural gas, or any petroleum product;

     when such action, combination, or collective action has a 
     direct, substantial, and reasonably foreseeable effect on the 
     market, supply, price, or distribution of oil, natural gas, 
     or other petroleum product in the United States.
       ``(b) Sovereign Immunity.--A foreign state engaged in 
     conduct in violation of subsection (a) shall not be immune 
     under the doctrine of sovereign immunity from the 
     jurisdiction or judgments of the courts of the United States 
     in any action brought to enforce this section.
       ``(c) Inapplicability of Act of State Doctrine.--No court 
     of the United States shall decline, based on the act of state 
     doctrine, to make a determination on the merits in an action 
     brought under this section.
       ``(d) Enforcement.--
       ``(1) In general.--The Attorney General of the United 
     States may bring an action to enforce this section in any 
     district court of the United States as provided under the 
     antitrust laws.
       ``(2) No private right of action.--No private right of 
     action is authorized under this section.''.
       (c) Sovereign Immunity.--Section 1605(a) of title 28, 
     United States Code, is amended--
       (1) in paragraph (6), by striking ``or'' after the 
     semicolon;
       (2) in paragraph (7), by striking the period and inserting 
     ``; or''; and
       (3) by adding at the end the following:
       ``(8) in which the action is brought under section 7A of 
     the Sherman Act.''.
                                 ______
                                 
  SA 1745. Mr. HATCH submitted an amendment intended to be proposed to 
amendment SA 1730 proposed by Mr. Reid to the bill S. 1813, to 
reauthorize Federal-aid highway and highway safety construction 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       Strike titles II and III of division D and insert the 
     following:

                      TITLE II--REVENUE PROVISIONS

     SEC. 40201. TRANSFER FROM LEAKING UNDERGROUND STORAGE TANK 
                   TRUST FUND TO HIGHWAY TRUST FUND.

       (a) In General.--Subsection (c) of section 9508 of the 
     Internal Revenue Code of 1986 is amended--
       (1) by striking ``Amounts'' and inserting:
       ``(1) In general.--Except as provided in paragraph (2), 
     amounts'', and
       (2) by adding at the end the following new paragraph:
       ``(2) Transfer to highway trust fund.--Out of amounts in 
     the Leaking Underground Storage Tank Trust Fund there is 
     hereby appropriated $3,000,000,000 to be transferred under 
     section 9503(f)(3) to the Highway Trust Fund.''.
       (b) Transfer to Highway Trust Fund.--
       (1) In general.--Subsection (f) of section 9503 of the 
     Internal Revenue Code of 1986 is amended by inserting after 
     paragraph (2) the following new paragraph:
       ``(3) Increase in fund balance.--There is hereby 
     transferred to the Highway Trust Fund amounts appropriated 
     from the Leaking Underground Storage Tank Trust Fund under 
     section 9508(c)(2).''.
       (2) Conforming amendments.--Paragraph (4) of section 
     9503(f) of such Code is amended--

[[Page S1091]]

       (A) by inserting ``or transferred'' after ``appropriated'', 
     and
       (B) by striking ``appropriated'' in the heading thereof.

     SEC. 40202. PORTION OF LEAKING UNDERGROUND STORAGE TANK TRUST 
                   FUND FINANCING RATE TRANSFERRED TO HIGHWAY 
                   TRUST FUND.

       (a) In General.--Subsection (b) of section 9503 of the 
     Internal Revenue Code of 1986 is amended by inserting after 
     paragraph (2) the following new paragraph:
       ``(3) Portion of leaking underground storage tank trust 
     fund financing rate.--There are hereby appropriated to the 
     Highway Trust Fund amounts equivalent to one-third of the 
     taxes received in the Treasury under--
       ``(A) section 4041(d) (relating to additional taxes on 
     motor fuels),
       ``(B) section 4081 (relating to tax on gasoline, diesel 
     fuel, and kerosene) to the extent attributable to the Leaking 
     Underground Storage Tank Trust Fund financing rate under such 
     section, and
       ``(C) section 4042 (relating to tax on fuel used in 
     commercial transportation on inland waterways) to the extent 
     attributable to the Leaking Underground Storage Tank Trust 
     Fund financing rate under such section.
     For purposes of this paragraph, there shall not be taken into 
     account the taxes imposed by sections 4041 and 4081 on diesel 
     fuel sold for use or used as fuel in a diesel-powered 
     boat.''.
       (b) Conforming Amendments.--
       (1) Paragraphs (1), (2), and (3) of section 9508(b) of the 
     Internal Revenue Code of 1986 are each amended by inserting 
     ``two-thirds of the'' before ``taxes''.
       (2) Paragraph (4) of section 9503(b) of such Code is 
     amended by striking subparagraphs (A) and (B) and by 
     redesignating subparagraphs (C) and (D) as subparagraphs (A) 
     and (B), respectively.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxes received after the date of the enactment 
     of this Act.

     SEC. 40203. INTERNAL REVENUE SERVICE LEVIES AND THRIFT 
                   SAVINGS PLAN ACCOUNTS.

       Section 8437(e)(3) of title 5, United States Code, is 
     amended by inserting ``, the enforcement of a Federal tax 
     levy as provided in section 6331 of the Internal Revenue Code 
     of 1986,'' after ``(42 U.S.C. 659)''.

     SEC. 40204. RESCISSION OF FUNDS FOR THE ADVANCED TECHNOLOGY 
                   VEHICLES MANUFACTURING INCENTIVE PROGRAM.

       Effective on the date of enactment of this Act, there are 
     rescinded all unobligated balances of the amounts made 
     available for the advanced technology vehicles manufacturing 
     incentive program established under section 136 of the Energy 
     Independence and Security Act of 2007 (42 U.S.C. 17013).

     SEC. 40205. RESCISSION OF UNSPENT FEDERAL FUNDS.

       (a) In General.--Notwithstanding any other provision of 
     law, of all available unobligated funds on the date of 
     enactment of this Act, there are rescinded such amounts as 
     are equal to the difference between--
       (1) the amounts necessary to carry out this Act; and
       (2) the total amount of offsets provided by this title 
     (other than this section) and division E.
       (b) Implementation.--
       (1) In general.--The Director of the Office of Management 
     and Budget shall determine and identify--
       (A) from which appropriation accounts the rescission under 
     subsection (a) shall be made; and
       (B) the amount of such rescission that shall be made to 
     each account identified under subparagraph (A).
       (2) Report.--Not later than 60 days after the date of 
     enactment of this Act, the Director of the Office of 
     Management and Budget shall submit a report to the Secretary 
     of the Treasury and Congress of the accounts and amounts 
     determined and identified for rescission under paragraph (1).
       (c) Exception.--This section shall not apply to the 
     unobligated funds of the Department of Defense, the 
     Department of Homeland Security, or the Department of 
     Veterans Affairs.

     SEC. 40206. DEPOSIT IN HIGHWAY TRUST FUND.

       There shall be deposited in the Highway Trust Fund
       (1) any amounts rescinded under this title; and
       (2) any amounts collected by the United States under this 
     title or division E (including an amendment made by this 
     title or division E).

                     DIVISION E--ENERGY DEVELOPMENT

             TITLE I--EXPANDING OFFSHORE ENERGY DEVELOPMENT

     SEC. 51001. OUTER CONTINENTAL SHELF LEASING PROGRAM.

       Section 18(a) of the Outer Continental Shelf Lands Act (43 
     U.S.C. 1344(a)) is amended by adding at the end the 
     following:
       ``(5)(A) In each oil and gas leasing program under this 
     section, the Secretary shall make available for leasing and 
     conduct lease sales including--
       ``(i) at least 50 percent of the available unleased acreage 
     within each outer Continental Shelf planning area considered 
     to have the largest undiscovered, technically recoverable oil 
     and gas resources (on a total btu basis) based upon the most 
     recent national geologic assessment of the outer Continental 
     Shelf, with an emphasis on offering the most geologically 
     prospective parts of the planning area; and
       ``(ii) any State subdivision of an outer Continental Shelf 
     planning area that the Governor of the State that represents 
     that subdivision requests be made available for leasing.
       ``(B) In this paragraph the term `available unleased 
     acreage' means that portion of the outer Continental Shelf 
     that is not under lease at the time of a proposed lease sale, 
     and that has not otherwise been made unavailable for leasing 
     by law.
       ``(6)(A) In the 2012 2017 5-year oil and gas leasing 
     program, the Secretary shall make available for leasing any 
     outer Continental Shelf planning areas that--
       ``(i) are estimated to contain more than 2,500,000,000 
     barrels of oil; or
       ``(ii) are estimated to contain more than 7,500,000,000,000 
     cubic feet of natural gas.
       ``(B) To determine the planning areas described in 
     subparagraph (A), the Secretary shall use the document 
     entitled `Minerals Management Service Assessment of 
     Undiscovered Technically Recoverable Oil and Gas Resources of 
     the Nation's Outer Continental Shelf, 2006'.''.

     SEC. 51002. DOMESTIC OIL AND NATURAL GAS PRODUCTION GOAL.

       Section 18(b) of the Outer Continental Shelf Lands Act (43 
     U.S.C. 1344(b)) is amended to read as follows:
       ``(b) Domestic Oil and Natural Gas Production Goal.--
       ``(1) In general.--In developing a 5-year oil and gas 
     leasing program, and subject to paragraph (2), the Secretary 
     shall determine a domestic strategic production goal for the 
     development of oil and natural gas as a result of that 
     program. Such goal shall be--
       ``(A) the best estimate of the possible increase in 
     domestic production of oil and natural gas from the outer 
     Continental Shelf;
       ``(B) focused on meeting domestic demand for oil and 
     natural gas and reducing the dependence of the United States 
     on foreign energy; and
       ``(C) focused on the production increases achieved by the 
     leasing program at the end of the 15-year period beginning on 
     the effective date of the program.
       ``(2) 2012 2017 program goal.--For purposes of the 2012 
     2017 5-year oil and gas leasing program, the production goal 
     referred to in paragraph (1) shall be an increase by 2027 
     of--
       ``(A) no less than 3,000,000 barrels in the amount of oil 
     produced per day; and
       ``(B) no less than 10,000,000,000 cubic feet in the amount 
     of natural gas produced per day.
       ``(3) Reporting.--The Secretary shall report annually, 
     beginning at the end of the 5-year period for which the 
     program applies, to the Committee on Natural Resources of the 
     House of Representatives and the Committee on Energy and 
     Natural Resources of the Senate on the progress of the 
     program in meeting the production goal. The Secretary shall 
     identify in the report projections for production and any 
     problems with leasing, permitting, or production that will 
     prevent meeting the goal.''.

            TITLE II--CONDUCTING PROMPT OFFSHORE LEASE SALES

     SEC. 52001. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE 
                   SALE 216 IN THE CENTRAL GULF OF MEXICO.

       (a) In General.--The Secretary of the Interior shall 
     conduct offshore oil and gas Lease Sale 216 under section 8 
     of the Outer Continental Shelf Lands Act (33 U.S.C. 1337) as 
     soon as practicable, but not later than 4 months after the 
     date of enactment of this Act.
       (b) Environmental Review.--For the purposes of that lease 
     sale, the Environmental Impact Statement for the 2007 2012 5 
     Year OUTER CONTINENTAL SHELF Plan and the Multi-Sale 
     Environmental Impact Statement are deemed to satisfy the 
     requirements of the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.).

     SEC. 52002. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE 
                   SALE 220 ON THE OUTER CONTINENTAL SHELF 
                   OFFSHORE VIRGINIA.

       (a) In General.--Notwithstanding the inclusion of Lease 
     Sale 220 in the fiscal years 2012 through fiscal year 2017 5 
     Year Outer Continental Shelf Oil and Gas Leasing Program, the 
     Secretary shall conduct offshore oil and gas Lease Sale 220 
     under section 8 of the Outer Continental Shelf Lands Act (33 
     U.S.C. 1337) as soon as practicable, but not later than one 
     year after the date of enactment of this Act.
       (b) Prohibition on Conflicts With Military Operations.--No 
     person may engage in any exploration, development, or 
     production of oil or natural gas off the coast of Virginia 
     that would conflict with any military operation, as 
     determined in accordance with the Memorandum of Agreement 
     between the Department of Defense and the Department of the 
     Interior on Mutual Concerns on the Outer Continental Shelf 
     signed July 20, 1983, and any revision or replacement for 
     that agreement that is agreed to by the Secretary of Defense 
     and the Secretary of the Interior after that date but before 
     the date of issuance of the lease under which such 
     exploration, development, or production is conducted.

     SEC. 52003. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE 
                   SALE 222 IN THE CENTRAL GULF OF MEXICO.

       (a) In General.--The Secretary shall conduct offshore oil 
     and gas Lease Sale 222 under section 8 of the Outer 
     Continental Shelf Lands Act (33 U.S.C. 1337) as soon as 
     practicable, but not later than September 1, 2012.

[[Page S1092]]

       (b) Environmental Review.--For the purposes of that lease 
     sale, the Environmental Impact Statement for the 2007 2012 5 
     Year OUTER CONTINENTAL SHELF Plan and the Multi-Sale 
     Environmental Impact Statement are deemed to satisfy the 
     requirements of the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.).

     SEC. 52004. ADDITIONAL LEASES.

       Section 18 of the Outer Continental Shelf Lands Act (43 
     U.S.C. 1344) is amended by adding at the end the following:
       ``(i) Additional Lease Sales.--In addition to lease sales 
     in accordance with a leasing program in effect under this 
     section, the Secretary may hold lease sales for areas 
     identified by the Secretary to have the greatest potential 
     for new oil and gas development as a result of local support, 
     new seismic findings, or nomination by interested persons.''.

     SEC. 52005. DEFINITIONS.

       In this title:
       (1) The term ``Environmental Impact Statement for the 2007 
     2012 5 Year OUTER CONTINENTAL SHELF Plan'' means the Final 
     Environmental Impact Statement for Outer Continental Shelf 
     Oil and Gas Leasing Program: 2007 2012 (April 2007) prepared 
     by the Secretary.
       (2) The term ``Multi-Sale Environmental Impact Statement'' 
     means the Environmental Impact Statement for Proposed Western 
     Gulf of Mexico OUTER CONTINENTAL SHELF Oil and Gas Lease 
     Sales 204, 207, 210, 215, and 218, and Proposed Central Gulf 
     of Mexico OUTER CONTINENTAL SHELF Oil and Gas Lease Sales 
     205, 206, 208, 213, 216, and 222 (September 2008) prepared by 
     the Secretary.
       (3) The term ``Secretary'' means the Secretary of the 
     Interior.

                TITLE III--LEASING IN NEW OFFSHORE AREAS

     SEC. 53001. LEASING IN THE EASTERN GULF OF MEXICO.

       Section 104 of division C of the Tax Relief and Health Care 
     Act of 2006 (Public Law 109 432; 120 Stat. 3003) is repealed.

     SEC. 53002. LEASING OFFSHORE OF TERRITORIES OF THE UNITED 
                   STATES.

       Section 2(a) of the Outer Continental Shelf Lands Act (43 
     U.S.C. 1331) is amended, by inserting after ``control'' the 
     following: ``or lying within the United States' exclusive 
     economic zone and the Continental Shelf adjacent to the 
     Commonwealth of Puerto Rico, the Commonwealth of the Northern 
     Mariana Islands, the Virgin Islands, American Samoa, Guam, or 
     the other territories of the United States''.

           TITLE IV--OUTER CONTINENTAL SHELF REVENUE SHARING

     SEC. 54001. DISPOSITION OF OUTER CONTINENTAL SHELF REVENUES.

       Section 9 of the Outer Continental Shelf Lands Act (43 
     U.S.C. 1338) is amended--
       (1) in the existing text--
       (A) in the first sentence, by striking ``All rentals,'' and 
     inserting the following:
       ``(c) Disposition of Revenue Under Old Leases.--All 
     rentals,''; and
       (B) in subsection (c) (as designated by the amendment made 
     by subparagraph (A) of this paragraph), by striking ``for the 
     period from June 5, 1950, to date, and thereafter'' and 
     inserting ``in the period beginning June 5, 1950, and ending 
     on the date of enactment of the Moving Ahead for Progress in 
     the 21st Century Act'';
       (2) by adding after subsection (c) (as so designated) the 
     following:
       ``(d)  New Leasing Revenues Defined.--In this section the 
     term `new leasing revenues' means amounts received by the 
     United States as bonuses, rents, and royalties under leases 
     for oil and gas, wind, tidal, or other energy exploration, 
     development, and production that are awarded under this Act 
     after the date of enactment of the Moving Ahead for Progress 
     in the 21st Century Act.''; and
       (3) by inserting before subsection (c) (as so designated) 
     the following:
       ``(a) Payment of New Leasing Revenues to Coastal States, 
     Generally.--
       ``(1) In general.--Of the amount of new leasing revenues 
     received by the United States each fiscal year that is 
     described in paragraph (2), 37.5 percent shall be allocated 
     and paid in accordance with subsection (b) to coastal States 
     that are affected States with respect to the leases under 
     which those revenues are received by the United States.
       ``(2) Phase-in.--The amount of new leasing revenues 
     referred to in paragraph (1) is the sum determined by 
     adding--
       ``(A) 35 percent of new leasing revenues received by the 
     United States in the fiscal year under--
       ``(i) leases awarded under the first leasing program under 
     section 18(a) that takes effect after the date of enactment 
     of the Moving Ahead for Progress in the 21st Century Act; and
       ``(ii) other leases issued as a result of the enactment of 
     that Act;
       ``(B) 70 percent of new leasing revenues received by the 
     United States in the fiscal year under leases awarded under 
     the second such leasing program; and
       ``(C) 100 percent of new leasing revenues received by the 
     United States under leases awarded under the third such 
     leasing program or any such leasing program taking effect 
     thereafter.
       ``(b) Allocation of Payments to Coastal States.--
       ``(1) In general.--The amount of new leasing revenues 
     received by the United States with respect to a leased tract 
     that are required to be paid to coastal States in accordance 
     with this subsection each fiscal year shall be allocated 
     among and paid to such States that are within 200 miles of 
     the leased tract, in amounts that are inversely proportional 
     to the respective distances between the point on the 
     coastline of each such State that is closest to the 
     geographic center of the lease tract, as determined by the 
     Secretary.
       ``(2) Minimum and maximum allocation.--The amount allocated 
     to a coastal State under paragraph (1) each fiscal year with 
     respect to a leased tract shall be--
       ``(A) in the case of a coastal State that is the nearest 
     State to the geographic center of the leased tract, not less 
     than 25 percent of the total amounts allocated with respect 
     to the leased tract; and
       ``(B) in the case of any other coastal State, not less than 
     10 percent, and not more than 15 percent, of the total 
     amounts allocated with respect to the leased tract.
       ``(3) Administration.--Amounts allocated to a coastal State 
     under this subsection--
       ``(A) shall be available to the State without further 
     appropriation;
       ``(B) shall remain available until expended; and
       ``(C) shall be in addition to any other amounts available 
     to the State under this Act.
       ``(4) Use of funds.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     a coastal State may use funds allocated and paid to it under 
     this subsection for any purpose as determined by State law.
       ``(B) Restriction on use for matching.--Funds allocated and 
     paid to a coastal State under this subsection may not be used 
     as matching funds for any other Federal program.''.

                         TITLE V--COASTAL PLAIN

     SEC. 55001. DEFINITIONS.

       In this title:
       (1) Coastal plain.--The term ``Coastal Plain'' means that 
     area described in appendix I to part 37 of title 50, Code of 
     Federal Regulations.
       (2) Peer reviewed.--The term ``peer reviewed'' means 
     reviewed--
       (A) by individuals chosen by the National Academy of 
     Sciences with no contractual relationship with or those who 
     have an application for a grant or other funding pending with 
     the Federal agency with leasing jurisdiction; or
       (B) if individuals described in subparagraph (A) are not 
     available, by the top individuals in the specified biological 
     fields, as determined by the National Academy of Sciences.
       (3) Secretary.--The term ``Secretary'', except as otherwise 
     provided, means the Secretary of the Interior or the 
     Secretary's designee.

     SEC. 55002. LEASING PROGRAM FOR LANDS WITHIN THE COASTAL 
                   PLAIN.

       (a) In General.--The Secretary shall take such actions as 
     are necessary--
       (1) to establish and implement, in accordance with this 
     title and acting through the Director of the Bureau of Land 
     Management in consultation with the Director of the United 
     States Fish and Wildlife Service, a competitive oil and gas 
     leasing program that will result in the exploration, 
     development, and production of the oil and gas resources of 
     the Coastal Plain; and
       (2) to administer the provisions of this title through 
     regulations, lease terms, conditions, restrictions, 
     prohibitions, stipulations, and other provisions that ensure 
     the oil and gas exploration, development, and production 
     activities on the Coastal Plain will result in no significant 
     adverse effect on fish and wildlife, their habitat, 
     subsistence resources, and the environment, including, in 
     furtherance of this goal, by requiring the application of the 
     best commercially available technology for oil and gas 
     exploration, development, and production to all exploration, 
     development, and production operations under this title in a 
     manner that ensures the receipt of fair market value by the 
     public for the mineral resources to be leased.
       (b) Repeal of Existing Restriction.--
       (1) Repeal.--Section 1003 of the Alaska National Interest 
     Lands Conservation Act of 1980 (16 U.S.C. 3143) is repealed.
       (2) Conforming amendment.--The table of contents in section 
     1 of such Act is amended by striking the item relating to 
     section 1003.
       (c) Compliance With Requirements Under Certain Other 
     Laws.--
       (1) Compatibility.--For purposes of the National Wildlife 
     Refuge System Administration Act of 1966 (16 U.S.C. 668dd et 
     seq.), the oil and gas leasing program and activities 
     authorized by this section in the Coastal Plain are deemed to 
     be compatible with the purposes for which the Arctic National 
     Wildlife Refuge was established, and no further findings or 
     decisions are required to implement this determination.
       (2) Adequacy of the department of the interior's 
     legislative environmental impact statement.--The ``Final 
     Legislative Environmental Impact Statement'' (April 1987) on 
     the Coastal Plain prepared pursuant to section 1002 of the 
     Alaska National Interest Lands Conservation Act of 1980 (16 
     U.S.C. 3142) and section 102(2)(C) of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) is 
     deemed to satisfy the requirements under the National 
     Environmental Policy Act of 1969 that apply with respect to 
     prelease activities under this title, including

[[Page S1093]]

     actions authorized to be taken by the Secretary to develop 
     and promulgate the regulations for the establishment of a 
     leasing program authorized by this title before the conduct 
     of the first lease sale.
       (3) Compliance with nepa for other actions.--Before 
     conducting the first lease sale under this title, the 
     Secretary shall prepare an environmental impact statement 
     under the National Environmental Policy Act of 1969 with 
     respect to the actions authorized by this title that are not 
     referred to in paragraph (2). Notwithstanding any other law, 
     the Secretary is not required to identify nonleasing 
     alternative courses of action or to analyze the environmental 
     effects of such courses of action. The Secretary shall only 
     identify a preferred action for such leasing and a single 
     leasing alternative, and analyze the environmental effects 
     and potential mitigation measures for those two alternatives. 
     The identification of the preferred action and related 
     analysis for the first lease sale under this title shall be 
     completed within 18 months after the date of enactment of 
     this Act. The Secretary shall only consider public comments 
     that specifically address the Secretary's preferred action 
     and that are filed within 20 days after publication of an 
     environmental analysis. Notwithstanding any other law, 
     compliance with this paragraph is deemed to satisfy all 
     requirements for the analysis and consideration of the 
     environmental effects of proposed leasing under this title.
       (d) Relationship to State and Local Authority.--Nothing in 
     this title shall be considered to expand or limit State and 
     local regulatory authority.
       (e) Special Areas.--
       (1) In general.--The Secretary, after consultation with the 
     State of Alaska, the city of Kaktovik, and the North Slope 
     Borough, may designate up to a total of 45,000 acres of the 
     Coastal Plain as a Special Area if the Secretary determines 
     that the Special Area is of such unique character and 
     interest so as to require special management and regulatory 
     protection. The Secretary shall designate as such a Special 
     Area the Sadlerochit Spring area, comprising approximately 
     4,000 acres.
       (2) Management.--Each such Special Area shall be managed so 
     as to protect and preserve the area's unique and diverse 
     character including its fish, wildlife, and subsistence 
     resource values.
       (3) Exclusion from leasing or surface occupancy.--The 
     Secretary may exclude any Special Area from leasing. If the 
     Secretary leases a Special Area, or any part thereof, for 
     purposes of oil and gas exploration, development, production, 
     and related activities, there shall be no surface occupancy 
     of the lands comprising the Special Area.
       (4) Directional drilling.--Notwithstanding the other 
     provisions of this subsection, the Secretary may lease all or 
     a portion of a Special Area under terms that permit the use 
     of horizontal drilling technology from sites on leases tracts 
     located outside the Special Area.
       (f) Limitation on Closed Areas.--The Secretary's sole 
     authority to close lands within the Coastal Plain to oil and 
     gas leasing and to exploration, development, and production 
     is that set forth in this title.
       (g) Regulations.--
       (1) In general.--The Secretary shall prescribe such 
     regulations as may be necessary to carry out this title, 
     including regulations relating to protection of the fish and 
     wildlife, their habitat, subsistence resources, and 
     environment of the Coastal Plain, by no later than 15 months 
     after the date of enactment of this Act.
       (2) Revision of regulations.--The Secretary shall, through 
     a rule making conducted in accordance with section 553 of 
     title 5, United States Code, periodically review and, if 
     appropriate, revise the regulations issued under subsection 
     (a) to reflect a preponderance of the best available 
     scientific evidence that has been peer reviewed and obtained 
     by following appropriate, documented scientific procedures, 
     the results of which can be repeated using those same 
     procedures.

     SEC. 55003. LEASE SALES.

       (a) In General.--Lands may be leased under this title to 
     any person qualified to obtain a lease for deposits of oil 
     and gas under the Mineral Leasing Act (30 U.S.C. 181 et 
     seq.).
       (b) Procedures.--The Secretary shall, by regulation and no 
     later than 180 days after the date of enactment of this 
     title, establish procedures for--
       (1) receipt and consideration of sealed nominations for any 
     area of the Coastal Plain for inclusion in, or exclusion (as 
     provided in subsection (c)) from, a lease sale;
       (2) the holding of lease sales after such nomination 
     process; and
       (3) public notice of and comment on designation of areas to 
     be included in, or excluded from, a lease sale.
       (c) Lease Sale Bids.--Lease sales under this title may be 
     conducted through an Internet leasing program, if the 
     Secretary determines that such a system will result in 
     savings to the taxpayer, an increase in the number of bidders 
     participating, and higher returns than oral bidding or a 
     sealed bidding system.
       (d) Sale Acreages and Schedule.--
       (1) The Secretary shall offer for lease under this title 
     those tracts the Secretary considers to have the greatest 
     potential for the discovery of hydrocarbons, taking into 
     consideration nominations received pursuant to subsection 
     (b)(1).
       (2) The Secretary shall offer for lease under this title no 
     less than 50,000 acres for lease within 22 months after the 
     date of the enactment of this Act.
       (3) The Secretary shall offer for lease under this title no 
     less than an additional 50,000 acres at 6-, 12-, and 18-month 
     intervals following offering under paragraph (2).
       (4) The Secretary shall conduct four additional sales under 
     the same terms and schedule no later than two years after the 
     date of the last sale under paragraph (3), if sufficient 
     interest in leasing exists to warrant, in the Secretary's 
     judgment, the conduct of such sales.
       (5) The Secretary shall evaluate the bids in each sale and 
     issue leases resulting from such sales, within 90 days after 
     the date of the completion of such sale.

     SEC. 55004. GRANT OF LEASES BY THE SECRETARY.

       (a) In General.--The Secretary may grant to the highest 
     responsible qualified bidder in a lease sale conducted under 
     section 55003 any lands to be leased on the Coastal Plain 
     upon payment by the such bidder of such bonus as may be 
     accepted by the Secretary.
       (b) Subsequent Transfers.--No lease issued under this title 
     may be sold, exchanged, assigned, sublet, or otherwise 
     transferred except with the approval of the Secretary. Prior 
     to any such approval the Secretary shall consult with, and 
     give due consideration to the views of, the Attorney General.

     SEC. 55005. LEASE TERMS AND CONDITIONS.

       (a) In General.--An oil or gas lease issued under this 
     title shall--
       (1) provide for the payment of a royalty of not less than 
     12\1/2\ percent in amount or value of the production removed 
     or sold under the lease, as determined by the Secretary under 
     the regulations applicable to other Federal oil and gas 
     leases;
       (2) provide that the Secretary may close, on a seasonal 
     basis, portions of the Coastal Plain to exploratory drilling 
     activities as necessary to protect caribou calving areas and 
     other species of fish and wildlife based on a preponderance 
     of the best available scientific evidence that has been peer 
     reviewed and obtained by following appropriate, documented 
     scientific procedures, the results of which can be repeated 
     using those same procedures;
       (3) require that the lessee of lands within the Coastal 
     Plain shall be fully responsible and liable for the 
     reclamation of lands within the Coastal Plain and any other 
     Federal lands that are adversely affected in connection with 
     exploration, development, production, or transportation 
     activities conducted under the lease and within the Coastal 
     Plain by the lessee or by any of the subcontractors or agents 
     of the lessee;
       (4) provide that the lessee may not delegate or convey, by 
     contract or otherwise, the reclamation responsibility and 
     liability to another person without the express written 
     approval of the Secretary;
       (5) provide that the standard of reclamation for lands 
     required to be reclaimed under this title shall be, as nearly 
     as practicable, a condition capable of supporting the uses 
     which the lands were capable of supporting prior to any 
     exploration, development, or production activities, or upon 
     application by the lessee, to a higher or better use as 
     certified by the Secretary;
       (6) contain terms and conditions relating to protection of 
     fish and wildlife, their habitat, subsistence resources, and 
     the environment as required pursuant to section 55002(a)(2);
       (7) provide that the lessee, its agents, and its 
     contractors use best efforts to provide a fair share, as 
     determined by the level of obligation previously agreed to in 
     the 1974 agreement implementing section 29 of the Federal 
     Agreement and Grant of Right of Way for the Operation of the 
     Trans-Alaska Pipeline, of employment and contracting for 
     Alaska Natives and Alaska Native corporations from throughout 
     the State;
       (8) prohibit the export of oil produced under the lease; 
     and
       (9) contain such other provisions as the Secretary 
     determines necessary to ensure compliance with this title and 
     the regulations issued under this title.

     SEC. 55006. COASTAL PLAIN ENVIRONMENTAL PROTECTION.

       (a) No Significant Adverse Effect Standard To Govern 
     Authorized Coastal Plain Activities.--The Secretary shall, 
     consistent with the requirements of section 55002, administer 
     this title through regulations, lease terms, conditions, 
     restrictions, prohibitions, stipulations, and other 
     provisions that--
       (1) ensure the oil and gas exploration, development, and 
     production activities on the Coastal Plain will result in no 
     significant adverse effect on fish and wildlife, their 
     habitat, and the environment;
       (2) require the application of the best commercially 
     available technology for oil and gas exploration, 
     development, and production on all new exploration, 
     development, and production operations; and
       (3) ensure that the maximum amount of surface acreage 
     covered by production and support facilities, including 
     airstrips and any areas covered by gravel berms or piers for 
     support of pipelines, does not exceed 10,000 acres on the 
     Coastal Plain for each 100,000 acres of area leased.
       (b) Site-Specific Assessment and Mitigation.--The Secretary 
     shall also require, with respect to any proposed drilling and 
     related activities, that--

[[Page S1094]]

       (1) a site-specific analysis be made of the probable 
     effects, if any, that the drilling or related activities will 
     have on fish and wildlife, their habitat, subsistence 
     resources, and the environment;
       (2) a plan be implemented to avoid, minimize, and mitigate 
     (in that order and to the extent practicable) any significant 
     adverse effect identified under paragraph (1); and
       (3) the development of the plan shall occur after 
     consultation with the agency or agencies having jurisdiction 
     over matters mitigated by the plan.
       (c) Regulations To Protect Coastal Plain Fish and Wildlife 
     Resources, Subsistence Users, and the Environment.--Before 
     implementing the leasing program authorized by this title, 
     the Secretary shall prepare and promulgate regulations, lease 
     terms, conditions, restrictions, prohibitions, stipulations, 
     and other measures designed to ensure that the activities 
     undertaken on the Coastal Plain under this title are 
     conducted in a manner consistent with the purposes and 
     environmental requirements of this title.
       (d) Compliance With Federal and State Environmental Laws 
     and Other Requirements.--The proposed regulations, lease 
     terms, conditions, restrictions, prohibitions, and 
     stipulations for the leasing program under this title shall 
     require compliance with all applicable provisions of Federal 
     and State environmental law, and shall also require the 
     following:
       (1) Standards at least as effective as the safety and 
     environmental mitigation measures set forth in items 1 
     through 29 at pages 167 through 169 of the ``Final 
     Legislative Environmental Impact Statement'' (April 1987) on 
     the Coastal Plain.
       (2) Seasonal limitations on exploration, development, and 
     related activities, where necessary, to avoid significant 
     adverse effects during periods of concentrated fish and 
     wildlife breeding, denning, nesting, spawning, and migration 
     based on a preponderance of the best available scientific 
     evidence that has been peer reviewed and obtained by 
     following appropriate, documented scientific procedures, the 
     results of which can be repeated using those same procedures.
       (3) That exploration activities, except for surface 
     geological studies, be limited to the period between 
     approximately November 1 and May 1 each year and that 
     exploration activities shall be supported, if necessary, by 
     ice roads, winter trails with adequate snow cover, ice pads, 
     ice airstrips, and air transport methods, except that such 
     exploration activities may occur at other times if the 
     Secretary finds that such exploration will have no 
     significant adverse effect on the fish and wildlife, their 
     habitat, and the environment of the Coastal Plain.
       (4) Design safety and construction standards for all 
     pipelines and any access and service roads, that--
       (A) minimize, to the maximum extent possible, adverse 
     effects upon the passage of migratory species such as 
     caribou; and
       (B) minimize adverse effects upon the flow of surface water 
     by requiring the use of culverts, bridges, and other 
     structural devices.
       (5) Prohibitions on general public access and use on all 
     pipeline access and service roads.
       (6) Stringent reclamation and rehabilitation requirements, 
     consistent with the standards set forth in this title, 
     requiring the removal from the Coastal Plain of all oil and 
     gas development and production facilities, structures, and 
     equipment upon completion of oil and gas production 
     operations, except that the Secretary may exempt from the 
     requirements of this paragraph those facilities, structures, 
     or equipment that the Secretary determines would assist in 
     the management of the Arctic National Wildlife Refuge and 
     that are donated to the United States for that purpose.
       (7) Appropriate prohibitions or restrictions on access by 
     all modes of transportation.
       (8) Appropriate prohibitions or restrictions on sand and 
     gravel extraction.
       (9) Consolidation of facility siting.
       (10) Appropriate prohibitions or restrictions on use of 
     explosives.
       (11) Avoidance, to the extent practicable, of springs, 
     streams, and river systems; the protection of natural surface 
     drainage patterns, wetlands, and riparian habitats; and the 
     regulation of methods or techniques for developing or 
     transporting adequate supplies of water for exploratory 
     drilling.
       (12) Avoidance or minimization of air traffic-related 
     disturbance to fish and wildlife.
       (13) Treatment and disposal of hazardous and toxic wastes, 
     solid wastes, reserve pit fluids, drilling muds and cuttings, 
     and domestic wastewater, including an annual waste management 
     report, a hazardous materials tracking system, and a 
     prohibition on chlorinated solvents, in accordance with 
     applicable Federal and State environmental law.
       (14) Fuel storage and oil spill contingency planning.
       (15) Research, monitoring, and reporting requirements.
       (16) Field crew environmental briefings.
       (17) Avoidance of significant adverse effects upon 
     subsistence hunting, fishing, and trapping by subsistence 
     users.
       (18) Compliance with applicable air and water quality 
     standards.
       (19) Appropriate seasonal and safety zone designations 
     around well sites, within which subsistence hunting and 
     trapping shall be limited.
       (20) Reasonable stipulations for protection of cultural and 
     archeological resources.
       (21) All other protective environmental stipulations, 
     restrictions, terms, and conditions deemed necessary by the 
     Secretary.
       (e) Considerations.--In preparing and promulgating 
     regulations, lease terms, conditions, restrictions, 
     prohibitions, and stipulations under this section, the 
     Secretary shall consider the following:
       (1) The stipulations and conditions that govern the 
     National Petroleum Reserve-Alaska leasing program, as set 
     forth in the 1999 Northeast National Petroleum Reserve-Alaska 
     Final Integrated Activity Plan/Environmental Impact 
     Statement.
       (2) The environmental protection standards that governed 
     the initial Coastal Plain seismic exploration program under 
     parts 37.31 to 37.33 of title 50, Code of Federal 
     Regulations.
       (3) The land use stipulations for exploratory drilling on 
     the KIC ASRC private lands that are set forth in appendix 2 
     of the August 9, 1983, agreement between Arctic Slope 
     Regional Corporation and the United States.
       (f) Facility Consolidation Planning.--
       (1) In general.--The Secretary shall, after providing for 
     public notice and comment, prepare and update periodically a 
     plan to govern, guide, and direct the siting and construction 
     of facilities for the exploration, development, production, 
     and transportation of Coastal Plain oil and gas resources.
       (2) Objectives.--The plan shall have the following 
     objectives:
       (A) Avoiding unnecessary duplication of facilities and 
     activities.
       (B) Encouraging consolidation of common facilities and 
     activities.
       (C) Locating or confining facilities and activities to 
     areas that will minimize impact on fish and wildlife, their 
     habitat, and the environment.
       (D) Utilizing existing facilities wherever practicable.
       (E) Enhancing compatibility between wildlife values and 
     development activities.
       (g) Access to Public Lands.--The Secretary shall--
       (1) manage public lands in the Coastal Plain subject to of 
     section 811 of the Alaska National Interest Lands 
     Conservation Act (16 U.S.C. 3121); and
       (2) ensure that local residents shall have reasonable 
     access to public lands in the Coastal Plain for traditional 
     uses.

     SEC. 55007. EXPEDITED JUDICIAL REVIEW.

       (a) Filing of Complaint.--
       (1) Deadline.--Subject to paragraph (2), any complaint 
     seeking judicial review--
       (A) of any provision of this title shall be filed by not 
     later than 1 year after the date of enactment of this Act; or
       (B) of any action of the Secretary under this title shall 
     be filed--
       (i) except as provided in clause (ii), within the 90-day 
     period beginning on the date of the action being challenged; 
     or
       (ii) in the case of a complaint based solely on grounds 
     arising after such period, within 90 days after the 
     complainant knew or reasonably should have known of the 
     grounds for the complaint.
       (2) Venue.--Any complaint seeking judicial review of any 
     provision of this title or any action of the Secretary under 
     this title may be filed only in the United States Court of 
     Appeals for the District of Columbia.
       (3) Limitation on scope of certain review.--Judicial review 
     of a Secretarial decision to conduct a lease sale under this 
     title, including the environmental analysis thereof, shall be 
     limited to whether the Secretary has complied with this title 
     and shall be based upon the administrative record of that 
     decision. The Secretary's identification of a preferred 
     course of action to enable leasing to proceed and the 
     Secretary's analysis of environmental effects under this 
     title shall be presumed to be correct unless shown otherwise 
     by clear and convincing evidence to the contrary.
       (b) Limitation on Other Review.--Actions of the Secretary 
     with respect to which review could have been obtained under 
     this section shall not be subject to judicial review in any 
     civil or criminal proceeding for enforcement.
       (c) Limitation on Attorneys' Fees and Court Costs.--No 
     person seeking judicial review of any action under this title 
     shall receive payment from the Federal Government for their 
     attorneys' fees and other court costs, including under any 
     provision of law enacted by the Equal Access to Justice Act 
     (5 U.S.C. 504 note).

     SEC. 55008. TREATMENT OF REVENUES.

       Notwithstanding any other provision of law, 50 percent of 
     the amount of bonus, rental, and royalty revenues from 
     Federal oil and gas leasing and operations authorized under 
     this title shall be deposited in the Treasury.

     SEC. 55009. RIGHTS-OF-WAY ACROSS THE COASTAL PLAIN.

       (a) In General.--The Secretary shall issue rights-of-way 
     and easements across the Coastal Plain for the transportation 
     of oil and gas produced under leases under this title--
       (1) except as provided in paragraph (2), under section 28 
     of the Mineral Leasing Act (30 U.S.C. 185), without regard to 
     title XI of the Alaska National Interest Lands Conservation 
     Act (16 U.S.C. 3161 et seq.); and
       (2) under title XI of the Alaska National Interest Lands 
     Conservation Act (30 U.S.C. 3161 et seq.), for access 
     authorized by sections 1110 and 1111 of that Act (16 U.S.C. 
     3170 and 3171).

[[Page S1095]]

       (b) Terms and Conditions.--The Secretary shall include in 
     any right-of-way or easement issued under subsection (a) such 
     terms and conditions as may be necessary to ensure that 
     transportation of oil and gas does not result in a 
     significant adverse effect on the fish and wildlife, 
     subsistence resources, their habitat, and the environment of 
     the Coastal Plain, including requirements that facilities be 
     sited or designed so as to avoid unnecessary duplication of 
     roads and pipelines.
       (c) Regulations.--The Secretary shall include in 
     regulations under section 55002(g) provisions granting 
     rights-of-way and easements described in subsection (a) of 
     this section.

     SEC. 55010. CONVEYANCE.

       In order to maximize Federal revenues by removing clouds on 
     title to lands and clarifying land ownership patterns within 
     the Coastal Plain, the Secretary, notwithstanding section 
     1302(h)(2) of the Alaska National Interest Lands Conservation 
     Act (16 U.S.C. 3192(h)(2)), shall convey--
       (1) to the Kaktovik Inupiat Corporation the surface estate 
     of the lands described in paragraph 1 of Public Land Order 
     6959, to the extent necessary to fulfill the Corporation's 
     entitlement under sections 12 and 14 of the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1611 and 1613) in accordance 
     with the terms and conditions of the Agreement between the 
     Department of the Interior, the United States Fish and 
     Wildlife Service, the Bureau of Land Management, and the 
     Kaktovik Inupiat Corporation dated January 22, 1993; and
       (2) to the Arctic Slope Regional Corporation the remaining 
     subsurface estate to which it is entitled pursuant to the 
     August 9, 1983, agreement between the Arctic Slope Regional 
     Corporation and the United States of America.

               TITLE VI--OIL SHALE AND TAR SANDS LEASING

     SEC. 56001. EFFECTIVENESS OF OIL SHALE REGULATIONS, 
                   AMENDMENTS TO RESOURCE MANAGEMENT PLANS, AND 
                   RECORD OF DECISION.

       (a) Regulations.--Notwithstanding any other law or 
     regulation to the contrary, the final regulations regarding 
     oil shale management published by the Bureau of Land 
     Management on November 18, 2008 (73 Fed. Reg. 69,414) are 
     deemed to satisfy all legal and procedural requirements under 
     any law, including the Federal Land Policy and Management Act 
     of 1976 (43 U.S.C. 1701 et seq.), the Endangered Species Act 
     of 1973 (16 U.S.C. 1531 et seq.), the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.), and the Energy 
     Policy Act of 2005 (Public Law 109 58), and the Secretary of 
     the Interior shall implement those regulations, including the 
     oil shale and tar sands leasing program authorized by the 
     regulations, without any other administrative action 
     necessary.
       (b) Amendments to Resource Management Plans and Record of 
     Decision.--Notwithstanding any other law or regulation to the 
     contrary, the November 17, 2008 U.S. Bureau of Land 
     Management Approved Resource Management Plan Amendments/
     Record of Decision for Oil Shale and Tar Sands Resources to 
     Address Land Use Allocations in Colorado, Utah, and Wyoming 
     and Final Programmatic Environmental Impact Statement are 
     deemed to satisfy all legal and procedural requirements under 
     any law, including the Federal Land Policy and Management Act 
     of 1976 (43 U.S.C. 1701 et seq.), the Endangered Species Act 
     of 1973 (16 U.S.C. 1531 et seq.), the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.), and the Energy 
     Policy Act of 2005 (Public Law 109 58), and the Secretary of 
     the Interior shall implement the oil shale and tar sands 
     leasing program authorized by the regulations referred to in 
     subsection (a) in those areas covered by the resource 
     management plans amended by such amendments, and covered by 
     such record of decision, without any other administrative 
     action necessary.

     SEC. 56002. OIL SHALE AND TAR SANDS LEASING.

       (a) Additional Research and Development Lease Sales.--The 
     Secretary of the Interior shall hold a lease sale within 180 
     days after the date of enactment of this Act offering an 
     additional 10 parcels for lease for research, development, 
     and demonstration of oil shale or tar sands resources, under 
     the terms offered in the solicitation of bids for such leases 
     published on January 15, 2009 (74 Fed. Reg. 10).
       (b) Commercial Lease Sales.--No later than January 1, 2016, 
     the Secretary of the Interior shall hold no less than 5 
     separate commercial lease sales in areas considered to have 
     the most potential for oil shale or tar sands development, as 
     determined by the Secretary, in areas nominated through 
     public comment. Each lease sale shall be for an area of not 
     less than 25,000 acres, and in multiple lease blocs.
       (c) Reduced Payments To Ensure Production.--The Secretary 
     of the Interior may temporarily reduce royalties, fees, 
     rentals, bonus, or other payments for leases of Federal lands 
     for the development and production of oil shale resources as 
     necessary to incentivize and encourage development of such 
     resources, if the Secretary determines that the royalties, 
     fees, rentals, bonus bids, and other payments otherwise 
     authorized by law are hindering production of such resources.
                                 ______
                                 
  SA 1746. Mr. LEVIN (for himself and Mr. Conrad) submitted an 
amendment intended to be proposed by him to the bill S. 1813, to 
reauthorize Federal-aid highway and highway safety construction 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end, add the following:

                    TITLE ___--STOP TAX HAVEN ABUSE

     SEC. ______. AUTHORIZING SPECIAL MEASURES AGAINST FOREIGN 
                   JURISDICTIONS, FINANCIAL INSTITUTIONS, AND 
                   OTHERS THAT IMPEDE UNITED STATES TAX 
                   ENFORCEMENT.

       Section 5318A of title 31, United States Code, is amended--
       (1) by striking the section heading and inserting the 
     following:

     ``Sec.  5318A. Special measures for jurisdictions, financial 
       institutions, or international transactions that are of 
       primary money laundering concern or impede United States 
       tax enforcement'';

       (2) in subsection (a), by striking the subsection heading 
     and inserting the following:
       ``(a) Special Measures To Counter Money Laundering and 
     Efforts To Impede United States Tax Enforcement.--'';
       (3) in subsection (c), by striking the subsection heading 
     and inserting the following:
       ``(c) Consultations and Information To Be Considered in 
     Finding Jurisdictions, Institutions, Types of Accounts, or 
     Transactions To Be of Primary Money Laundering Concern or To 
     Be Impeding United States Tax Enforcement.--'';
       (4) in subsection (a)(1), by inserting ``or is impeding 
     United States tax enforcement'' after ``primary money 
     laundering concern'';
       (5) in subsection (a)(4)--
       (A) in subparagraph (A)--
       (i) by inserting ``in matters involving money laundering,'' 
     before ``shall consult''; and
       (ii) by striking ``and'' at the end;
       (B) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (C) by inserting after subparagraph (A) the following:
       ``(B) in matters involving United States tax enforcement, 
     shall consult with the Commissioner of the Internal Revenue, 
     the Secretary of State, the Attorney General of the United 
     States, and in the sole discretion of the Secretary, such 
     other agencies and interested parties as the Secretary may 
     find to be appropriate; and'';
       (6) in each of paragraphs (1)(A), (2), (3), and (4) of 
     subsection (b), by inserting ``or to be impeding United 
     States tax enforcement'' after ``primary money laundering 
     concern'' each place that term appears;
       (7) in subsection (b), by striking paragraph (5) and 
     inserting the following:
       ``(5) Prohibitions or conditions on opening or maintaining 
     certain correspondent or payable-through accounts or 
     authorizing certain payment cards.--If the Secretary finds a 
     jurisdiction outside of the United States, 1 or more 
     financial institutions operating outside of the United 
     States, or 1 or more classes of transactions within or 
     involving a jurisdiction outside of the United States to be 
     of primary money laundering concern or to be impeding United 
     States tax enforcement, the Secretary, in consultation with 
     the Secretary of State, the Attorney General of the United 
     States, and the Chairman of the Board of Governors of the 
     Federal Reserve System, may prohibit, or impose conditions 
     upon--
       ``(A) the opening or maintaining in the United States of a 
     correspondent account or payable-through account; or
       ``(B) the authorization, approval, or use in the United 
     States of a credit card, charge card, debit card, or similar 
     credit or debit financial instrument by any domestic 
     financial institution, financial agency, or credit card 
     company or association, for or on behalf of a foreign banking 
     institution, if such correspondent account, payable-through 
     account, credit card, charge card, debit card, or similar 
     credit or debit financial instrument, involves any such 
     jurisdiction or institution, or if any such transaction may 
     be conducted through such correspondent account, payable-
     through account, credit card, charge card, debit card, or 
     similar credit or debit financial instrument.''; and
       (8) in subsection (c)(1), by inserting ``or is impeding 
     United States tax enforcement'' after ``primary money 
     laundering concern'';
       (9) in subsection (c)(2)(A)--
       (A) in clause (ii), by striking ``bank secrecy or special 
     regulatory advantages'' and inserting ``bank, tax, corporate, 
     trust, or financial secrecy or regulatory advantages'';
       (B) in clause (iii), by striking ``supervisory and counter-
     money'' and inserting ``supervisory, international tax 
     enforcement, and counter-money'';
       (C) in clause (v), by striking ``banking or secrecy'' and 
     inserting ``banking, tax, or secrecy''; and
       (D) in clause (vi), by inserting ``, tax treaty, or tax 
     information exchange agreement'' after ``treaty'';
       (10) in subsection (c)(2)(B)--
       (A) in clause (i), by inserting ``or tax evasion'' after 
     ``money laundering''; and
       (B) in clause (iii), by inserting ``, tax evasion,'' after 
     ``money laundering''; and
       (11) in subsection (d), by inserting ``involving money 
     laundering, and shall notify, in writing, the Committee on 
     Finance of the Senate and the Committee on Ways and Means of 
     the House of Representatives of any such action involving 
     United States tax enforcement'' after ``such action''.

[[Page S1096]]

                                 ______
                                 
  SA 1747. Mr. CORKER submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       In division D, at the end, add the following:

     SEC. 40313. TRANSFER OF ALL UNOBLIGATED FUNDS WITHIN THE 
                   ALTERNATIVE TECHNOLOGY VEHICLES MANUFACTURING 
                   (ATVM) LOAN GUARANTEE PROGRAM AT THE DEPARTMENT 
                   OF ENERGY INTO THE HIGHWAY TRUST FUND.

       Subsection (f) of section 9503 of the Internal Revenue Code 
     of 1986, as amended by this Act, is amended by redesignating 
     paragraph (5) as paragraph (6) and by inserting after 
     paragraph (4) the following new paragraph:
       ``(5) Transfer of all unobligated funds within the 
     alternative technology vehicles manufacturing (atvm) loan 
     guarantee program at the department of energy into the 
     highway trust fund.--All unobligated funds within the 
     Alternative Technology Vehicles Manufacturing (ATVM) loan 
     guarantee program established under section 136 of the Energy 
     Independence and Security Act of 2007 (42 U.S.C. 17013) are 
     rescinded on the date of the enactment of the Highway 
     Investment, Job Creation, and Economic Growth Act of 2012 and 
     out of money in the Treasury not otherwise appropriated, 
     there are hereby appropriated to the Highway Trust Fund 
     amounts equivalent to the amount of such rescission.''.

     SEC. 40314. TRANSFER OF 1 PERCENT OF AMOUNTS ATTRIBUTABLE TO 
                   CUSTOMS DUTIES INTO THE HIGHWAY TRUST FUND.

       Section 9503(b) of the Internal Revenue Code of 1986, as 
     amended by this Act, is further amended by adding at the end 
     the following:
       ``(9) Additional customs duties.--In addition to the 
     amounts appropriated pursuant to paragraph (8), there are 
     hereby appropriated to the Highway Trust Fund amounts 
     equivalent to 1 percent of amounts received in the Treasury 
     that are attributable to duties collected on or after the 
     date of the enactment of the Highway Investment, Job 
     Creation, and Economic Growth Act of 2012, on articles 
     classified under all subheadings of the Harmonized Tariff 
     Schedule of the United States other than subheadings 
     8703.22.00 and 8703.24.00.''.

                        TITLE IV--REAL PROPERTY

     SEC. 40401. EXPEDITED DISPOSAL OF EXCESS FEDERAL PROPERTY.

       (a) In General.--Chapter 5 of subtitle I of title 40, 
     United States Code, is amended by adding at the end the 
     following:

         ``SUBCHAPTER VII--EXPEDITED DISPOSAL OF REAL PROPERTY

     ``Sec.  621. Definitions

       ``In this subchapter:
       ``(1) Administrator.--The term `Administrator' means the 
     Administrator of General Services.
       ``(2) Expedited disposal of real property.--The term 
     `expedited disposal of real property' means a sale of real 
     property for cash that is conducted by public auction.
       ``(3) Program.--The term `program' means the Federal Real 
     Property Disposal Program established and carried out by the 
     Administrator under this subchapter.

     ``Sec.  622. Federal Real Property Disposal Program

       ``(a) Establishment of Program.--The Administrator shall 
     establish and carry out a program, to be known as the 
     `Federal Real Property Disposal Program', under which excess 
     real property that is not meeting Federal Government needs 
     may be disposed of through an expedited disposal of real 
     property, in accordance with this subchapter.
       ``(b) Criteria for Program.--For purposes of this 
     subchapter, the Administrator shall identify criteria for use 
     in determining whether real property is not meeting Federal 
     Government needs.
       ``(c) Proceeds Requirement.--For each fiscal year, 
     beginning with fiscal year 2013, the Administrator shall 
     dispose of real property generating proceeds of not less 
     $3,000,000,000 under the program.

     ``Sec.  623. Selection of real properties

       ``(a) In General.--The head of each executive agency shall 
     recommend candidate disposition properties to the 
     Administrator for participation in the program.
       ``(b) Selection.--After receiving recommendations for 
     candidate disposition properties under subsection (a), the 
     Administrator, consistent with the criteria established under 
     section 622, shall--
       ``(1) select candidate properties for participation in the 
     program; and
       ``(2) notify the recommending agency accordingly.

     ``Sec.  624. Expedited disposal requirements

       ``(a) Fair Market Value Requirement.--
       ``(1) In general.--Real property under the program may not 
     be sold for less than the fair market value of the real 
     property, as determined by the Administrator, in consultation 
     with the head of the executive agency.
       ``(2) Costs.--Costs associated with disposal may not exceed 
     the fair market value of the property unless the 
     Administrator approves incurring such costs.
       ``(b) Monetary Proceeds Requirement.--
       ``(1) In general.--Real property may be sold under the 
     program only if the sale will generate monetary proceeds to 
     the Federal Government, as provided in subsection (a).
       ``(2) Prohibition on noncash transactions.--A disposal of 
     real property under the program may not include any exchange, 
     trade, transfer, acquisition of like-kind property, or other 
     noncash transactions as part of the disposal.
       ``(c) Lease Back Prohibition.--Real property sold under the 
     program may not be leased back to the Federal Government.
       ``(d) Construction.--Except as provided in subsection (e), 
     nothing in this subchapter terminates or limits any authority 
     that is otherwise available to agencies under other 
     provisions of law to dispose of Federal real property.
       ``(e) Expedited Disposal of Real Property Exceptions.--Any 
     expedited disposal of a real property conducted under this 
     subchapter shall not be subject to--
       ``(1) subchapter IV;
       ``(2) sections 550 and 553;
       ``(3) section 501 of the McKinney-Vento Homeless Assistance 
     Act (42 U.S.C. 11411);
       ``(4) any other provision of law authorizing the no-cost 
     conveyance of real property owned by the Federal Government; 
     or
       ``(5) any congressional notification requirement other than 
     that in section 545.

     ``Sec.  625. Asset Proceeds and Space Management Fund

       ``(a) In General.--There is established within the Federal 
     Buildings Fund established under section 592 an account to be 
     known as the `Asset Proceeds and Space Management Fund', to 
     be administered by the Administrator.
       ``(b) Amounts in Fund.--Notwithstanding section 3307, the 
     following amounts shall be deposited in the Asset Proceeds 
     and Space Management Fund and are appropriated and shall 
     remain available until expended for the following specified 
     purposes:
       ``(1) Appropriated amounts.--Such amounts as are provided 
     in appropriations Acts, to remain available until expended, 
     for--
       ``(A) expedited disposal of property described in this 
     subchapter;
       ``(B) the consolidation, colocation, exchange, 
     redevelopment, and reconfiguration of space; and
       ``(C) other actions.
       ``(2) Gross proceeds.--
       ``(A) In general.--Gross proceeds shall be divided between 
     the general fund of the Treasury and the Asset Proceeds and 
     Space Management Fund within the Federal Buildings Fund as 
     described in subparagraph (B).
       ``(B) Distribution.--At the end of each fiscal year, the 
     Director of the Office of Management and Budget, in 
     consultation with the Administrator, shall determine how 
     gross proceeds shall be distributed, through transfer, 
     between the general fund and the Asset Proceeds and Space 
     Management Fund, except that--
       ``(i) the general fund shall receive 100 percent of the 
     gross proceeds for a fiscal year until the total amount of 
     net proceeds under this subchapter for that fiscal year 
     exceeds $50,000,000;
       ``(ii) the Asset Proceeds and Space Management Fund shall 
     receive 10 percent of the gross proceeds for a fiscal year 
     after application of clause (i); and
       ``(iii) the general fund shall receive the remainder of 
     proceeds for a fiscal year after applying the reductions 
     under clauses (i) and (ii).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 5 of subtitle I of title 40, United 
     States Code, is amended by inserting after the items relating 
     to subchapter VI the following:

          ``subchapter vii--expedited disposal of real property

``621. Definitions.
``622. Federal Real Property Disposal Program.
``623. Selection of real properties.
``624. Expedited disposal requirements.
``625. Asset Proceeds and Space Management Fund.''.

       (c) Amendment to the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980.--Section 
     120(h)(3)(C)(i) of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 
     9620(h)(3)(C)(i)) is amended--
       (1) by striking ``, with the concurrence of the Governor of 
     the State in which the facility is located (in the case of 
     real property at a Federal facility that is listed on the 
     National Priorities List), or the Governor of the State in 
     which the facility is located (in the case of real property 
     at a Federal facility not listed on the National Priorities 
     List)'';
       (2) by adding ``and'' at the end of subclause (II);
       (3) by striking subclause (III); and
       (4) by redesignating subclause (IV) as subclause (III).

     SEC. 40402. DOWNWARD CAP ADJUSTMENTS TO ENFORCE SALES OF 
                   FEDERAL CIVILIAN REAL PROPERTY.

       Section 251(b)(2) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985 is amended by adding at the end 
     the following new subparagraph:
       ``(E) Sales of federal civilian real property.--
       ``(i) If--

       ``(I) the total cash proceeds from Sales of Federal 
     civilian real property at the end of fiscal year 2013 are 
     less than $2,000,000,000, then there shall be a downward 
     adjustment in the discretionary category for fiscal year 2014 
     by the amount of such shortfall; and
       ``(II) for each of fiscal years 2014 through 2020, the 
     total cash proceeds from sales of

[[Page S1097]]

     Federal civilian real property are less than $7,000,000,000, 
     then there shall be a downward adjustment in the 
     discretionary category by the amount of such shortfall in the 
     following fiscal year.

       ``(ii) If the discretionary spending limits set forth in 
     subsection (c) have been revised pursuant to section 251A, 
     adjustments made pursuant to clause (i) shall only be made to 
     the revised non-security category set forth for each of 
     fiscal years 2014 through 2021.
       ``(iii)(I) As used in this subparagraph, the term `Federal 
     civilian real property' refers to Federal real property 
     assets, including Federal buildings as defined in section 
     3301 of title 40, United States Code, occupied and improved 
     grounds, leased space, or other physical structures under the 
     custody and control of any Federal agency.
       ``(II) Subclause (I) shall not be construed as including 
     any of the following types of property:

       ``(aa) Properties that are excluded for reasons of national 
     security by the Secretary of Defense.
       ``(bb) Properties that are excepted from the definition of 
     `property' under section 102(9) of title 40, United 
     States.''.

                                 ______
                                 
  SA 1748. Mr. HOEVEN submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 469, after line 22, add the following:

     SEC. 15__. RECYCLING AND USE OF FLY ASH.

       (a) Findings.--Congress finds that--
       (1) concrete is a major transportation construction 
     material in the United States;
       (2) 25 percent of the Interstate System is paved in 
     concrete;
       (3) concrete has been used to construct 65 percent of the 
     bridges in the United States;
       (4) concrete represents approximately 15 percent of the 
     total cost of constructing and maintaining the transportation 
     infrastructure of the United States each year;
       (5) more than 75 percent of that concrete, a quantity worth 
     approximately $9,900,000,000, uses fly ash as a partial 
     cement replacement blend;
       (6) in some States, including California, Florida, 
     Louisiana, New Mexico, Nevada, Texas, and Utah, fly ash is 
     used for virtually all concrete projects;
       (7) fly ash concrete has a number of very significant, 
     well-documented benefits that make fly ash concrete a mixture 
     of choice for many State and local transportation departments 
     and transportation engineers; and
       (8) the most prevalent use of fly ash is in transportation 
     construction projects.
       (b) Use of Fly Ash.--Not later than 180 days after the date 
     of enactment of this Act, the Secretary shall issue a 
     statement encouraging the beneficial use of fly ash in 
     transportation construction projects (including 
     transportation construction projects involving the use of 
     asphalt) that are carried out, in whole or in part, using 
     Federal funds.
                                 ______
                                 
  SA 1749. Mrs. FEINSTEIN (for herself and Mrs. Boxer) submitted an 
amendment intended to be proposed to amendment SA 1730 proposed by Mr. 
Reid to the bill S. 1813, to reauthorize Federal-aid highway and 
highway safety construction programs, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 792, line 5, strike the end quote and insert the 
     following:
       ``(3) Exception.--
       ``(A) In general.--The Secretary may not extend the 
     deadline under paragraph (1) with respect to segments of 
     track that the Secretary determines pose the greatest safety 
     risk to the public and railroad employees, based upon the 
     areas of track that have been identified in the entity's 
     positive train control implementation plan under section 
     236.1011(a)(4) of title 49, Code of Federal Regulations.
       ``(B) Factors.--In determining whether segments of track 
     pose the greatest safety risk to the public and railroad 
     employees, the Secretary shall consider the following factors 
     with respect to such segments:
       ``(i) Traffic volume, including tonnage and number of 
     trains.
       ``(ii) The presence of mixed passenger and freight traffic, 
     and the frequency, separation, and direction of travel of 
     such traffic.
       ``(iii) The amount of poisonous inhalation hazards and 
     other hazardous materials.
       ``(iv) The permissible operating speeds.
       ``(v) Any topographical features that increase operational 
     risks.
       ``(vi) The presence of technologies that reduce the risks, 
     such as automatic cab signal, automatic train stop, or 
     automatic train control systems.
       ``(vii) Any special operating procedures that will be 
     utilized by the carrier to reduce risks.''.
                                 ______
                                 
  SA 1750. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed to amendment SA 1730 proposed by Mr. Reid to the bill S. 1813, 
to reauthorize Federal-aid highway and highway safety construction 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       Beginning on page 791, strike lines 14 through 25 and 
     insert the following:
       ``(1) In general.--After completing the report under 
     subsection (d), the Secretary may, upon application, extend, 
     in 1 year increments ending on or before December 31, 2018, 
     the implementation deadline for an entity providing rail 
     freight transportation or regularly scheduled intercity or 
     commuter rail passenger transportation if the Secretary 
     determines that--
       ``(A) full implementation is infeasible due to 
     circumstances beyond the control of the entity;
       ``(B) the entity has demonstrated good faith in 
     implementing its positive train control implementation plan;
       ``(C) the entity has taken the actions to mitigate risks to 
     successful implementation that were identified by the 
     Secretary in the Secretary's 2012 report to Congress; and
       ``(D) the entity has presented a revised positive train 
     control implementation plan describing how it will fully 
     implement a positive train control system as soon as 
     feasible, and not later than December 31, 2018.''.

                          ____________________