[Congressional Record Volume 158, Number 51 (Wednesday, March 28, 2012)]
[Senate]
[Pages S2173-S2183]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1977. Mr. GRAHAM (for himself, Mr. DeMint, Mr. Johnson of 
Wisconsin, and Mr. Kirk) submitted an amendment intended to be proposed 
by him to the bill S. 2204, to eliminate unnecessary tax subsidies and 
promote renewable energy and energy conservation; which was ordered to 
lie on the table; as follows:

       On page 22, between lines 3 and 4, insert the following:

            TITLE III--NUCLEAR WASTE FUND RELIEF AND REBATES

     SECTION 301. SHORT TITLE.

       This Act may be cited as the ``Nuclear Waste Fund Relief 
     and Rebate Act''.

     SEC. 302. CERTIFICATION OF COMMITMENT TO YUCCA MOUNTAIN.

       (a) In General.--Subtitle E of title I of the Nuclear Waste 
     Policy Act of 1982 (42 U.S.C. 10172 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 162. CERTIFICATION OF COMMITMENT TO YUCCA MOUNTAIN 
                   SITE.

       ``(a) Definition of Defense Waste.--In this section, the 
     term `defense waste' means--
       ``(1) transuranic waste;
       ``(2) high-level radioactive waste;
       ``(3) spent nuclear fuel;
       ``(4) special nuclear materials;
       ``(5) greater-than-class C, low-level radioactive waste; 
     and
       ``(6) any other waste arising from the production, storage, 
     or maintenance of nuclear weapons (including components of 
     nuclear weapons).
       ``(b) Certification of Commitment.--Not later than 30 days 
     after the date of enactment of this section, the President 
     shall publish in the Federal Register a notice that the 
     President certifies that the Yucca Mountain site is the 
     selected site for the development of a repository for the 
     disposal of high-level radioactive waste and spent nuclear 
     fuel, in accordance with section 160.
       ``(c) Failure To Publish Certification; Revocation of 
     Certification.--If the President fails to publish the 
     certification of the President in accordance with subsection 
     (b), or if the President revokes the certification of the 
     President after the date described in that subsection, not 
     later than 1 year after the date described in subsection (b), 
     or the date of revocation, as appropriate, and in accordance 
     with subsection (d)--
       ``(1) each entity that is required under section 302 to 
     make a payment to the Secretary shall not be required to make 
     any additional payment; and
       ``(2) each entity that has made a payment under section 302 
     shall receive from the Secretary of the Treasury, from 
     amounts available in the Nuclear Waste Fund, an amount equal 
     to the aggregate amount of the payments made by the entity 
     (including interest on the aggregate amount of the payments) 
     to the Secretary for deposit in the Nuclear Waste Fund.
       ``(d) Use of Returned Payments.--
       ``(1) In general.--Subject to paragraph (2), of the 
     aggregate amount of payments returned to an entity described 
     in subsection (c)(2)--
       ``(A) 75 percent shall be used by the entity to provide 
     rebates to ratepayers of the entity; and
       ``(B) 25 percent shall be used by the entity to carry out 
     upgrades to nuclear power facilities of the entity to enhance 
     the storage and security of materials used to generate 
     nuclear power.
       ``(2) Defense waste.--In the case of a payment required to 
     be paid to an entity for the storage of defense waste, the 
     Secretary shall use the amount required to be paid to the 
     entity to meet the penalty payment obligation of the 
     Secretary under subsection (e)(2) to the State in which the 
     entity is located.
       ``(e) Disposition of Defense Waste.--
       ``(1) In general.--Not later than January 1, 2017, the 
     Secretary shall initiate the transportation of defense waste 
     from each State in which defense waste is located to the 
     Yucca Mountain site.
       ``(2) Penalty.--
       ``(A) In general.--Subject to subparagraph (B), if the 
     Secretary fails to initiate the transportation of defense 
     waste in accordance with paragraph (1), the Secretary shall 
     pay to each State in which defense waste is located 
     $1,000,000 for each day that the defense waste is located in 
     the State until the date on which the Secretary initiates the 
     transportation of the defense waste under paragraph (1).
       ``(B) Maximum amount.--Subject to subsection (c)(2), for 
     each calendar year, the Secretary shall not pay to any State 
     described in subparagraph (A) an amount greater than 
     $100,000,000.
       ``(C) Required use of payments.--A State that receives 
     amounts through a payment from the Secretary under this 
     paragraph shall use the amounts--
       ``(i) to help offset the loss in community investments that 
     results from the continued storage of defense waste in the 
     State; and
       ``(ii) to help mitigate the public health risks that result 
     from the continued storage of defense waste in the State.
       ``(f) Determination by Commission To Grant or Amend 
     Licenses.--In determining whether to grant or amend any 
     license to operate any civilian nuclear power reactor, or 
     high-level radioactive waste or spent fuel storage or 
     treatment facility, under the Atomic Energy Act of 1954 (42 
     U.S.C. 2011 et seq.), the responsibilities of the President 
     and the Secretary described in this subtitle shall be 
     considered to be sufficient and independent grounds for the 
     Commission to determine the existence of reasonable 
     assurances that spent nuclear fuel and high-level radioactive 
     waste would be disposed of safely and in a timely manner by 
     the entity that is the subject of the determination.
       ``(g) Effects.--
       ``(1) Termination of payment requirement; acceptance of 
     returned payments.--With respect to an entity that receives a 
     benefit under paragraph (1) or (2) of subsection (c)--
       ``(A) the entity shall not be considered by the Commission 
     to be in violation under section 302(b); and
       ``(B) the Commission shall not refuse to take any action 
     with respect to a current or prospective license of the 
     entity on the grounds that the entity has cancelled or 
     rescinded a contract to which the entity is a party as the 
     result of--
       ``(i) the failure by the entity to make a payment to the 
     Secretary under section 302; or
       ``(ii) the acceptance by the entity of amounts described in 
     subsection (c)(2).
       ``(2) Disposition of waste.--Nothing in this section 
     affects the responsibility of the

[[Page S2174]]

     Federal Government under any Act (including regulations) with 
     respect to the ultimate disposition of high-level radioactive 
     waste and spent nuclear fuel.''.
       (b) Conforming Amendment.--The table of contents of the 
     Nuclear Waste Policy Act of 1982 (42 U.S.C. prec. 10101) is 
     amended by adding at the end of the items relating to 
     subtitle E of title I the following:

``Sec. 162. Certification of commitment to Yucca Mountain site.''.
                                 ______
                                 
  SA 1978. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 2204, to eliminate unnecessary tax subsidies and 
promote renewable energy and energy conservation; which was ordered to 
lie on the table; as follows:

       On page 22, between lines 3 and 4, insert the following:

                       Subtitle C--Miscellaneous

     SEC. 221. EXEMPTION OF SAND DUNE LIZARD FROM ENDANGERED 
                   SPECIES ACT OF 1973.

       Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 
     1533) is amended by adding at the end the following:
       ``(j) Exemption of Sand Dune Lizard.--This Act shall not 
     apply to the sand dune lizard.''.
                                 ______
                                 
  SA 1979. Mr. CARPER (for himself and Ms. Snowe) submitted an 
amendment intended to be proposed by him to the bill S. 2204, to 
eliminate unnecessary tax subsidies and promote renewable energy and 
energy conservation; which was ordered to lie on the table; as follows:

       At the end of title I, insert the following:

     SEC. 119. QUALIFYING OFFSHORE WIND FACILITY CREDIT.

       (a) In General.--Section 46 of the Internal Revenue Code of 
     1986 is amended by striking ``and'' at the end of paragraph 
     (5), by striking the period at the end of paragraph (6), and 
     by adding at the end the following new paragraph:
       ``(7) the qualifying offshore wind facility credit.''.
       (b) Amount of Credit.--Subpart E of part IV of subchapter A 
     of chapter 1 is amended by inserting after section 48D the 
     following new section:

     ``SEC. 48E. CREDIT FOR OFFSHORE WIND FACILITIES.

       ``(a) In General.--For purposes of section 46, the 
     qualifying offshore wind facility credit for any taxable year 
     is an amount equal to 30 percent of the qualified investment 
     for such taxable year with respect to any qualifying offshore 
     wind facility of the taxpayer.
       ``(b) Qualified Investment.--
       ``(1) In general.--For purposes of subsection (a), the 
     qualified investment for any taxable year is the basis of 
     eligible property placed in service by the taxpayer during 
     such taxable year which is part of a qualifying offshore wind 
     facility.
       ``(2) Certain qualified progress expenditures rules made 
     applicable.--Rules similar to the rules of subsections (c)(4) 
     and (d) of section 46 (as in effect on the day before the 
     enactment of the Revenue Reconciliation Act of 1990) shall 
     apply for purposes of this section.
       ``(c) Definitions.--For purposes of this section--
       ``(1) Qualifying offshore wind facility.--
       ``(A) In general.--The term `qualifying offshore wind 
     facility' means an offshore facility using wind to produce 
     electricity the megawatt capacity of which does not exceed 
     the capacity certified by the Secretary as eligible for the 
     credit under this section.
       ``(B) Offshore facility.--The term `offshore facility' 
     means any facility located in the inland navigable waters of 
     the United States, including the Great Lakes, or in the 
     coastal waters of the United States, including the 
     territorial seas of the United States, the exclusive economic 
     zone of United States, and the outer Continental Shelf of the 
     United States.
       ``(2) Eligible property.--The term `eligible property' 
     means any property--
       ``(A) which is--
       ``(i) tangible personal property, or
       ``(ii) other tangible property (not including a building or 
     its structural components), but only if such property is used 
     as an integral part of the qualifying offshore wind facility, 
     and
       ``(B) with respect to which depreciation (or amortization 
     in lieu of depreciation) is allowable.
       ``(d) Qualifying Credit for Offshore Wind Facilities 
     Program.--
       ``(1) Establishment.--
       ``(A) In general.--Not later than 180 days after the date 
     of the enactment of this section, the Secretary, in 
     consultation with the Secretary of Energy and the Secretary 
     of the Interior, shall establish a qualifying credit for 
     offshore wind facilities program to consider and award 
     certifications for qualified investments eligible for credits 
     under this section to qualifying offshore wind facility 
     sponsors.
       ``(B) Limitation.--The total amount of megawatt capacity 
     for offshore facilities with respect to which credits may be 
     allocated under the program shall not exceed 3,000 megawatts.
       ``(2) Certification.--
       ``(A) Application period.--Each applicant for certification 
     under this paragraph shall submit an application containing 
     such information as the Secretary may require beginning on 
     the date the Secretary establishes the program under 
     paragraph (1).
       ``(B) Period of issuance.--An applicant which receives a 
     certification shall have 5 years from the date of issuance of 
     the certification in order to place the facility in service 
     and if such facility is not placed in service by that time 
     period, then the certification shall no longer be valid.
       ``(3) Selection criteria.--In determining which qualifying 
     offshore wind facilities to certify under this section, the 
     Secretary shall--
       ``(A) take into consideration which facilities will be 
     placed in service at the earliest date, and
       ``(B) take into account the technology of the facility that 
     may lead to reduced industry and consumer costs or expand 
     access to offshore wind.
       ``(4) Review, additional allocations, and reallocations.--
       ``(A) Review.--Periodically, but not later than 4 years 
     after the date of the enactment of this section, the 
     Secretary shall review the credits allocated under this 
     section as of the date of such review.
       ``(B) Additional allocations and reallocations.--The 
     Secretary may make additional allocations and reallocations 
     of credits under this section if the Secretary determines 
     that--
       ``(i) the limitation under paragraph (1)(B) has not been 
     attained at the time of the review, or
       ``(ii) scheduled placed-in-service dates of previously 
     certified facilities have been significantly delayed and the 
     Secretary determines the applicant will not meet the timeline 
     pursuant to paragraph (2)(B).
       ``(C) Additional program for allocations and 
     reallocations.--If the Secretary determines that credits 
     under this section are available for further allocation or 
     reallocation, but there is an insufficient quantity of 
     qualifying applications for certification pending at the time 
     of the review, the Secretary is authorized to conduct an 
     additional program for applications for certification.
       ``(5) Disclosure of allocations.--The Secretary shall, upon 
     making a certification under this subsection, publicly 
     disclose the identity of the applicant and the amount of the 
     credit with respect to such applicant.
       ``(e) Denial of Double Benefit.--A credit shall not be 
     allowed under this section with respect to any facility if--
       ``(1) a credit has been allowed to such facility under 
     section 45 for such taxable year or any prior taxable year,
       ``(2) a credit has been allowed with respect to such 
     facility under section 46 by reason of section 48(a) or 
     48C(a) for such taxable or any preceding taxable year, or
       ``(3) a grant has been made with respect to such facility 
     under section 1603 of the American Recovery and Reinvestment 
     Act of 2009.''.
       (c) Conforming Amendments.--
       (1) Section 49(a)(1)(C) of the Internal Revenue Code of 
     1986 is amended--
       (A) by striking ``and'' at the end of clause (v),
       (B) by striking the period at the end of clause (vi) and 
     inserting ``, and'', and
       (C) by adding after clause (vi) the following new clause:
       ``(vi) the basis of any property which is part of a 
     qualifying offshore wind facility under section 48E.''.
       (2) The table of sections for subpart E of part IV of 
     subchapter A of chapter 1 of the Internal Revenue Code of 
     1986 is amended by inserting after the item relating to 
     section 48D the following new item:

``48E. Credit for offshore wind facilities.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to periods after the date of the enactment of 
     this Act, under rules similar to the rules of section 48(m) 
     of the Internal Revenue Code of 1986 (as in effect on the day 
     before the date of the enactment of the Revenue 
     Reconciliation Act of 1990).
                                 ______
                                 
  SA 1980. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 2204, to eliminate unnecessary tax subsidies and 
promote renewable energy and energy conservation; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PROHIBITING TAXPAYER DOLLARS FROM SUPPORTING HIGH-
                   RISK RESEARCH AND DEVELOPMENT PROJECTS BY 
                   COMPANIES THAT EMPLOY 1,000 INDIVIDUALS OR 
                   MORE.

       Notwithstanding any other provision of law, the Secretary 
     of Energy shall put in place limitations on funding awards at 
     the Advanced Research Projects Agency--Energy that prevent 
     companies that employ 1,000 or more individuals from 
     receiving funding awards.
                                 ______
                                 
  SA 1981. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 2204, to eliminate unnecessary tax subsidies and 
promote renewable energy and energy conservation; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:

[[Page S2175]]

              Subtitle C_Energy Subsidies for Millionaires

     SEC. 221. NO RESIDENTIAL ENERGY EFFICIENT PROPERTY CREDIT FOR 
                   MILLIONAIRES AND BILLIONAIRES.

       (a) In General.--Section 25D(e) of the Internal Revenue 
     Code of 1986 is amended by adding at the end the following 
     new paragraph:
       ``(9) No credit for millionaires and billionaires.--No 
     credit shall be allowed under this section for any taxable 
     year with respect to any taxpayer with an adjusted gross 
     income equal to or greater than $1,000,000 for such taxable 
     year.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2011.
                                 ______
                                 
  SA 1982. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 2204, to eliminate unnecessary tax subsidies and 
promote renewable energy and energy conservation; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC.__. CONSOLIDATING UNNECESSARY DUPLICATIVE AND OVERLAPPING 
                   ENERGY PROGRAMS.

       Notwithstanding any other provision of law and not later 
     than 150 days after the date of enactment of this Act, the 
     Director of the Office of Management and Budget shall 
     coordinate with the Secretary of the Department of Energy and 
     the heads of the relevant department and agencies to--
       (1) use available administrative authority to eliminate, 
     consolidate, or streamline Government energy-related programs 
     and agencies with duplicative and overlapping missions 
     identified in the--
       (A) March 2011 Government Accountability Office report to 
     Congress entitled ``Opportunities to Reduce Potential 
     Duplication in Government Programs, Save Tax Dollars, and 
     Enhance Revenue'' (GAO 11 318SP) regarding federal fleet 
     energy goals and ethanol production; and
       (B) February 2012 Government Accountability Office report 
     to Congress entitled ``2012 Annual Report: Opportunities to 
     Reduce Potential Duplication in Government Programs, Save Tax 
     Dollars, and Enhance Revenue'' (GAO 12 342SP) regarding 
     Department of Energy contractor support costs, nuclear 
     proliferation, diesel emissions, and green building 
     initiatives;
       (2) identify and report to Congress any legislative changes 
     required to further eliminate, consolidate, or streamline 
     Government energy-related programs and agencies with 
     duplicative and overlapping missions identified in the--
       (A) March 2011 Government Accountability Office report to 
     Congress entitled ``Opportunities to Reduce Potential 
     Duplication in Government Programs, Save Tax Dollars, and 
     Enhance Revenue'' (GAO 11 318SP); and
       (B) February 2012 Government Accountability Office report 
     to Congress entitled ``2012 Annual Report: Opportunities to 
     Reduce Potential Duplication in Government Programs, Save Tax 
     Dollars, and Enhance Revenue'' (GAO 12 342SP);
       (3) determine the total cost savings that shall result to 
     each agency, office, and department from the actions 
     described in paragraph (1); and
       (4) rescind from the appropriate accounts and apply the 
     savings towards deficit reduction the amount greater of--
       (A) $2,000,000,000; or
       (B) the total amount of cost savings estimated by paragraph 
     (3).
                                 ______
                                 
  SA 1983. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 2204, to eliminate unnecessary tax subsidies and 
promote renewable energy and energy conservation; which was ordered to 
lie on the table; as follows:

       At the appropriate place, add the following:
       Sec. __. Notwithstanding any other provision of this Act, 
     none of the funds made available by this Act shall be used by 
     the Office of Fossil Energy to carry out any energy research 
     relating to fossil fuels, except that nothing in this section 
     affects the responsibilities of the Secretary of Energy 
     relating to national petroleum reserves.
                                 ______
                                 
  SA 1984. Mr. HOEVEN (for himself, Mr. Lugar, Mr. Vitter, and Mr. 
Kirk) submitted an amendment intended to be proposed by him to the bill 
S. 2204, to eliminate unnecessary tax subsidies and promote renewable 
energy and energy conservation; which was ordered to lie on the table; 
as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. APPROVAL OF KEYSTONE XL PIPELINE PROJECT.

       (a) Approval of Cross-border Facilities.--
       (1) In general.--In accordance with section 8 of article 1 
     of the Constitution (delegating to Congress the power to 
     regulate commerce with foreign nations), TransCanada Keystone 
     Pipeline, L.P. is authorized to construct, connect, operate, 
     and maintain pipeline facilities, subject to subsection (c), 
     for the import of crude oil and other hydrocarbons at the 
     United States-Canada Border at Phillips County, Montana, in 
     accordance with the application filed with the Department of 
     State on September 19, 2008 (as supplemented and amended).
       (2) Permit.--Notwithstanding any other provision of law, no 
     permit pursuant to Executive Order 13337 (3 U.S.C. 301 note) 
     or any other similar Executive Order regulating construction, 
     connection, operation, or maintenance of facilities at the 
     borders of the United States, and no additional environmental 
     impact statement, shall be required for TransCanada Keystone 
     Pipeline, L.P. to construct, connect, operate, and maintain 
     the facilities described in paragraph (1).
       (b) Construction and Operation of Keystone XL Pipeline in 
     United States.--
       (1) In general.--The final environmental impact statement 
     issued by the Department of State on August 26, 2011, shall 
     be considered to satisfy all requirements of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
     any other provision of law that requires Federal agency 
     consultation or review with respect to the cross-border 
     facilities described in subsection (a)(1) and the related 
     facilities in the United States described in the application 
     filed with the Department of State on September 19, 2008 (as 
     supplemented and amended).
       (2) Permits.--Any Federal permit or authorization issued 
     before the date of enactment of this Act for the cross-border 
     facilities described in subsection (a)(1), and the related 
     facilities in the United States described in the application 
     filed with the Department of State on September 19, 2008 (as 
     supplemented and amended), shall remain in effect.
       (c) Conditions.--In constructing, connecting, operating, 
     and maintaining the cross-border facilities described in 
     subsection (a)(1) and related facilities in the United States 
     described in the application filed with the Department of 
     State on September 19, 2008 (as supplemented and amended), 
     TransCanada Keystone Pipeline, L.P. shall comply with the 
     following conditions:
       (1) TransCanada Keystone Pipeline, L.P. shall comply with 
     all applicable Federal and State laws (including regulations) 
     and all applicable industrial codes regarding the 
     construction, connection, operation, and maintenance of the 
     facilities.
       (2) Except as provided in subsection (a)(2), TransCanada 
     Keystone Pipeline, L.P. shall comply with all requisite 
     permits from Canadian authorities and applicable Federal, 
     State, and local government agencies in the United States.
       (3) TransCanada Keystone Pipeline, L.P. shall take all 
     appropriate measures to prevent or mitigate any adverse 
     environmental impact or disruption of historic properties in 
     connection with the construction, connection, operation, and 
     maintenance of the facilities.
       (4) The construction, connection, operation, and 
     maintenance of the facilities shall be--
       (A) in all material respects, similar to that described 
     in--
       (i) the application filed with the Department of State on 
     September 19, 2008 (as supplemented and amended); and
       (ii) the final environmental impact statement described in 
     subsection (b)(1); and
       (B) carried out in accordance with--
       (i) the construction, mitigation, and reclamation measures 
     agreed to for the project in the construction mitigation and 
     reclamation plan contained in appendix B of the final 
     environmental impact statement described in subsection 
     (b)(1);
       (ii) the special conditions agreed to between the owners 
     and operators of the project and the Administrator of the 
     Pipeline and Hazardous Materials Safety Administration of the 
     Department of Transportation, as contained in appendix U of 
     the final environmental impact statement;
       (iii) the measures identified in appendix H of the final 
     environmental impact statement, if the modified route 
     submitted by the State of Nebraska to the Secretary of State 
     crosses the Sand Hills region; and
       (iv) the stipulations identified in appendix S of the final 
     environmental impact statement.
       (d) Route in Nebraska.--
       (1) In general.--Any route and construction, mitigation, 
     and reclamation measures for the project in the State of 
     Nebraska that is identified by the State of Nebraska and 
     submitted to the Secretary of State under this section is 
     considered sufficient for the purposes of this section.
       (2) Prohibition.--Construction of the facilities in the 
     United States described in the application filed with the 
     Department of State on September 19, 2008 (as supplemented 
     and amended), shall not commence in the State of Nebraska 
     until the date on which the Secretary of State receives a 
     route for the project in the State of Nebraska that is 
     identified by the State of Nebraska.
       (3) Receipt.--On the date of receipt of the route described 
     in paragraph (1) by the Secretary of State, the route for the 
     project within the State of Nebraska under this section shall 
     supersede the route for the project in the State specified in 
     the application filed with the Department of State on 
     September 19, 2008 (including supplements and amendments).
       (4) Cooperation.--Not later than 30 days after the date on 
     which the State of Nebraska submits a request to the 
     Secretary of State or any appropriate Federal official, the 
     Secretary of State or Federal official shall provide 
     assistance that is consistent with the law of the State of 
     Nebraska.
       (e) Administration.--

[[Page S2176]]

       (1) In general.--Any action taken to carry out this section 
     (including the modification of any route under subsection 
     (d)) shall not constitute a major Federal action under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.).
       (2) State siting authority.--Nothing in this section alters 
     any provision of State law relating to the siting of 
     pipelines.
       (3) Private property.--Nothing in this section alters any 
     Federal, State, or local process or condition in effect on 
     the date of enactment of this Act that is necessary to secure 
     access from an owner of private property to construct the 
     project.
       (f) Federal Judicial Review.--The cross-border facilities 
     described in subsection (a)(1), and the related facilities in 
     the United States described in the application filed with the 
     Department of State on September 19, 2008 (as supplemented 
     and amended), that are approved by this section, and any 
     permit, right-of-way, or other action taken to construct or 
     complete the project pursuant to Federal law, shall only be 
     subject to judicial review on direct appeal to the United 
     States Court of Appeals for the District of Columbia Circuit.
                                 ______
                                 
  SA 1985. Ms. MURKOWSKI (for herself and Mr. Hoeven) submitted an 
amendment intended to be proposed by her to the bill S. 2204, to 
eliminate unnecessary tax subsidies and promote renewable energy and 
energy conservation; which was ordered to lie on the table; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. EXPEDITED FEDERAL PERMITTING AND REVIEW DECISIONS 
                   FOR ENERGY, NATURAL RESOURCE, AND 
                   INFRASTRUCTURE PROJECTS.

       (a) Findings.--Congress finds that--
       (1) it is imperative to significantly reduce the aggregate 
     time required to make decisions by the Federal Government on 
     the permitting and review of energy, natural resource, and 
     energy infrastructure projects, while improving environmental 
     and community outcomes;
       (2) investing in the energy infrastructure of the United 
     States provides immediate and long-term economic benefits for 
     local communities and the United States as a whole;
       (3) Federal permitting and review processes, including 
     planning, approval, and consultation processes, have a 
     substantive impact on the economy of the United States;
       (4) it is critical that Executive agencies take all steps, 
     within the authority and resources of the Executive agencies, 
     to execute Federal permitting and review processes with 
     maximum efficiency and effectiveness, while ensuring the 
     health, safety, and security of communities, the environment, 
     and vital economic growth;
       (5) Federal permitting and review processes should--
       (A) provide a transparent, consistent, and predictable path 
     for project sponsors and affected communities;
       (B) ensure that Executive agencies--
       (i) establish and adhere to timelines and schedules for 
     completion of reviews;
       (ii) establish clear permitting performance goals; and
       (iii) track progress against those goals;
       (C) encourage early collaboration among Executive agencies, 
     State, local, and tribal governments, project sponsors, and 
     affected stakeholders to incorporate and address affected 
     interests and minimize delays;
       (D) provide for transparency and accountability by using 
     cost-effective information technology to collect and 
     disseminate information concerning individual projects and 
     Executive agency performance;
       (E) rely on early and active consultation with State, 
     local, and tribal governments to avoid conflicts or 
     duplication of effort, resolve concerns, and allow for 
     concurrent rather than sequential reviews;
       (F) recognize the critical role project sponsors play in 
     ensuring the timely and cost-effective review of projects by 
     providing complete information and analysis and by 
     supporting, as appropriate, the costs associated with review; 
     and
       (G) enable Executive agencies--
       (i) to share priorities;
       (ii) to work collaboratively and concurrently to advance 
     reviews and permitting decisions; and
       (iii) to facilitate the resolution of disputes at all 
     levels of Executive agency organization;
       (6) each of the actions described in paragraph (5) should 
     be incorporated into routine Executive agency practice to 
     provide demonstrable improvements in the performance of 
     Federal infrastructure permitting and review processes, 
     including lower costs, more timely decisions, and a healthier 
     and cleaner environment; and
       (7) it is imperative to institutionalize best practices--
       (A) to enhance Federal, State, local, and tribal government 
     coordination on permitting and review processes (such as 
     conducting reviews concurrently rather than sequentially to 
     the maximum extent practicable);
       (B) to avoid duplicative reviews;
       (C) to engage stakeholders early in the permitting process; 
     and
       (D) to develop mechanisms to better communicate priorities 
     and resolve disputes among Executive agencies at the national 
     and regional levels.
       (b) Definitions.--In this section:
       (1) Covered regulations.--The term ``covered regulations'' 
     means regulations issued to carry out permitting processes 
     for--
       (A) any energy or natural resource development project on 
     Federal land that requires the approval of the Federal 
     Government; or
       (B) any interstate energy transmission or transportation 
     infrastructure project through electrical lines or pipelines 
     that requires the approval of the Federal Government.
       (2) Executive agency.--The term ``executive agency'' has 
     the meaning given the term in section 105 of title 5, United 
     States Code.
       (3) Project.--The term ``project'' means--
       (A) any energy or mineral development project on Federal 
     land that requires the approval of the Federal Government; or
       (B) any interstate energy transmission or transportation 
     infrastructure project through electrical lines or pipelines 
     that requires the approval of the Federal Government.
       (c) Covered Regulations.--Not later than 1 year after the 
     date of enactment of this Act, each Executive agency shall 
     amend the covered regulations of the Executive agency--
       (1) to reduce, to the maximum extent practicable, the time 
     required to make permitting and review decisions on projects 
     and to execute Federal permitting and review processes with 
     maximum efficiency and effectiveness, while ensuring the 
     health, safety, and security of communities, the environment, 
     and vital economic growth; and
       (2) to incorporate specific and measurable actions to carry 
     out paragraph (1), including actions such as--
       (A) performance metrics, including timelines or schedules 
     for review;
       (B) technological improvements, such as institutionalized 
     use of Dashboard and other information technology systems; 
     and
       (C) improved preapplication procedures;
       (D) early collaboration with other Executive agencies, 
     project sponsors, and affected stakeholders; and
       (E) coordination with State, local, and tribal governments.

     SEC. 2. ADOPTION OF EXISTING ENVIRONMENTAL DOCUMENTS.

       (a) Definitions.--In this section:
       (1) Agency.--The term ``agency'' has the meaning given the 
     term in section 551 of title 5, United States Code.
       (2) Circulate.--The term ``circulate'' means to distribute 
     an environmental impact statement to another agency for the 
     consideration of that agency.
       (3) Cooperating agency.--The term ``cooperating agency'' 
     means any agency, other than a lead agency, that has 
     jurisdiction by law or special expertise with respect to any 
     environmental impact involved in a proposal (or a reasonable 
     alternative) for legislation or other major Federal action 
     significantly affecting the quality of the human environment.
       (4) Environmental assessment.--The term ``environmental 
     assessment'' has the meaning given the term in section 1508.9 
     of title 40, Code of Federal Regulations (or a successor 
     regulation).
       (5) Environmental document.--The term ``environmental 
     document'' means an environmental impact statement or an 
     environmental assessment.
       (6) Environmental impact statement.--The term 
     ``environmental impact statement'' has the meaning given the 
     term in section 1508.11 of title 40, Code of Federal 
     Regulations (or a successor regulation).
       (7) Finding of no significant impact.--The term ``finding 
     of no significant impact'' has the meaning given the term in 
     section 1508.13 of title 40, Code of Federal Regulations (or 
     a successor regulation).
       (8) Human environment.--The term ``human environment'' has 
     the meaning given the term in section 1508.14 of title 40, 
     Code of Federal Regulations (or a successor regulation).
       (9) Lead agency.--The term ``lead agency'' has the meaning 
     given the term in section 1508.16 of title 40, Code of 
     Federal Regulations (or a successor regulation).
       (10) Major federal action.--The term ``major Federal 
     action'' has the meaning given the term in section 1508.18 of 
     title 40, Code of Federal Regulations (or a successor 
     regulation).
       (11) Notice of intent.--The term ``notice of intent'' has 
     the meaning given the term in section 1508.22 of title 40, 
     Code of Federal Regulations (or a successor regulation).
       (b) Adoption of Existing Environmental Assessments.--If an 
     agency determines that an environmental assessment should be 
     prepared for a proposed action relating to oil and gas 
     development on Federal public land or water, the agency shall 
     adopt, in whole or in part, an existing Federal draft or 
     final environmental assessment if--
       (1) the existing assessment meets the standards for an 
     adequate assessment under the regulations promulgated by the 
     agency and the Council on Environmental Quality;
       (2) the action covered by the existing assessment and the 
     proposed action are substantially the same; and
       (3) there are no significant new circumstances or 
     information relating to the quality of the human environment 
     affected by the proposed action.
       (c) Publication of Findings of No Significant Impact and 
     Notices of Intent.--
       (1) Finding of no significant impact.--If a proposed action 
     is determined not to be a major Federal action that 
     significantly affects the quality of the human environment 
     under the National Environmental Policy

[[Page S2177]]

     Act (42 U.S.C. 4321 et seq.), an agency adopting an existing 
     environmental assessment under subsection (b) shall publish 
     for public review a finding of no significant impact in 
     accordance with the regulations of the agency.
       (2) Notice of intent.--If a proposed action is determined 
     to be a major Federal action that significantly affects the 
     quality of the human environment under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), an 
     agency adopting an existing environmental assessment under 
     subsection (b) shall publish for public review a notice of 
     intent in accordance with the regulations of the agency.
       (d) Adoption of Existing Environmental Impact Statements.--
     If a proposed action of an agency relating to oil and gas 
     development on Federal public land or water is determined to 
     be a major Federal action that significantly affects the 
     quality of the human environment under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
     the agency shall adopt, in whole or in part, an existing 
     Federal draft or final environmental impact statement if--
       (1) the existing statement meets the standards for an 
     adequate statement under the regulations promulgated by the 
     Council on Environmental Quality;
       (2) the action covered by the existing statement and the 
     proposed action are substantially the same; and
       (3) there are no significant new circumstances or 
     information relating to the quality of the human environment 
     affected by the proposed action.
       (e) Recirculation of Environmental Impact Statements.--
       (1) Draft statement.--Subject to paragraphs (2) and (3), an 
     agency adopting an environmental impact statement of another 
     agency shall recirculate the statement as a draft statement.
       (2) Final statement.--An agency adopting the final 
     environmental impact statement of another agency shall 
     recirculate the statement as a final statement.
       (3) Cooperating agency.--A cooperating agency adopting the 
     environmental impact statement of a lead agency shall not 
     recirculate the statement if the cooperating agency 
     determines, after an independent review of the statement, 
     that the comments and suggestions of the cooperating agency 
     have been satisfied.
       (f) Finality of Adopted Document.--An agency may not adopt 
     as final an environmental document prepared by another agency 
     if, at the time of the proposed adoption--
       (1) the existing document was not final within the agency 
     that prepared the environmental document;
       (2) the adequacy of the existing document is the subject of 
     a pending judicial action; or
       (3) in the case of an environmental impact statement, the 
     action the existing statement assesses is the subject of a 
     referral under part 1504 of title 40, Code of Federal 
     Regulations (commonly known as ``Predecision referrals to the 
     Council of proposed Federal actions determined to be 
     environmentally unsatisfactory'') (or a successor 
     regulation).
       (g) Judicial Review.--The decision of an agency to adopt, 
     in whole or in part, an existing environmental assessment or 
     environmental impact statement shall not be subject to 
     judicial review.
       (h) Regulations.--Notwithstanding any other provision of 
     this section, an agency shall not adopt, in whole or in part, 
     an existing environmental impact statement when issuing a 
     proposed or final rule.

     SEC. 3. STATE COOPERATION.

       (a) In General.--Not later than 60 days after the date of 
     enactment of this Act, the Secretary of the Interior or the 
     Secretary of Agriculture, as applicable, shall--
       (1) survey the use by the Secretary of categorical 
     exclusions in the issuance of permits since fiscal year 2005;
       (2) publish a review of the survey that includes a 
     description of--
       (A) the types of actions categorically excluded; and
       (B) any requests previously received by the Secretary for 
     new categorical exclusions; and
       (3) solicit requests from State natural resources 
     permitting agencies or other State, local, and tribal 
     government agencies for new categorical exclusions.
       (b) New Categorical Exclusions.--Not later than 120 days 
     after the date of enactment of this Act, the Secretary of the 
     Interior and the Secretary of Agriculture shall publish a 
     notice of proposed rulemaking that proposes new categorical 
     exclusions, taking into account the survey under subsection 
     (a), subject to the condition that the new categorical 
     exclusions meet the criteria for a categorical exclusion 
     under section 1508.4 of title 40 Code of Federal Regulations 
     (as in effect on the date of on which the notice of proposed 
     rulemaking is issued).
       (c) Categorical Exclusions Provided by Law.--Not later than 
     120 days after the date of enactment of this Act, the 
     Secretary of the Interior and the Secretary of Agriculture 
     shall each issue final rules implementing section 390 of the 
     Energy Policy Act of 2005 (42 U.S.C. 15942).
       (d) Programmatic Agreements.--
       (1) In general.--The Secretary of the Interior and the 
     Secretary of Agriculture shall seek opportunities to enter 
     into programmatic agreements with States that establish 
     efficient administrative procedures for carrying out 
     environmental and other required project reviews.
       (2) Inclusions.--
       (A) In general.--Programmatic agreements authorized under 
     paragraph (1) may include agreements that allow a State to 
     determine on behalf of the relevant Department whether a 
     project is categorically excluded from the preparation of an 
     environmental assessment or environmental impact statement 
     under the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.).
       (B) Determinations.--A programmatic agreement described in 
     subparagraph (A) may include determinations by the Secretary 
     of the types of projects categorically excluded (consistent 
     with section 1508.4 of title 40, Code of Federal Regulations 
     or successor regulations) in the State in addition to the 
     types of projects described in section 390 of the Energy 
     Policy Act of 2005 (42 U.S.C. 14942).

     SEC. 4. EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT 
                   DECISIONMAKING.

       (a) Definitions.--In this section:
       (1) Agency.--The term ``agency'' means any agency, 
     department, or other unit of Federal, State, local, or Indian 
     tribal government.
       (2) Chairman.--The term ``Chairman'' means the chairman of 
     the Federal Energy Regulatory Commission.
       (3) Environmental impact statement.--The term 
     ``environmental impact statement'' means the detailed 
     statement of environmental impacts required under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.).
       (4) Environmental review process.--
       (A) In general.--The term ``environmental review process'' 
     means the process of preparing an environmental impact 
     statement, environmental assessment, categorical exclusion, 
     or other document for a project under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
       (B) Inclusions.--The term ``environmental review process'' 
     includes the process and completion of any environmental 
     permit, approval, review, or study required for a project 
     under any Federal law other than the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.).
       (5) Lead agency.--The term ``lead agency'' means--
       (A) in the case of energy or mineral development on Federal 
     land, the Department of the Interior;
       (B) in the case of interstate energy transmission or 
     transportation through electrical lines or pipelines, the 
     Federal Energy Regulatory Commission; and
       (C) any State or local governmental entity serving as a 
     joint lead agency pursuant to this section.
       (6) Project.--The term ``project'' means--
       (A) any energy or mineral development project on Federal 
     land that requires the approval of the Federal Government; or
       (B) any interstate energy transmission or transportation 
     infrastructure project through electrical lines or pipelines 
     that requires the approval of the Federal Government.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (b) Applicability.--
       (1) In general.--The project development procedures under 
     this section--
       (A) shall apply to all projects for which an environmental 
     impact statement is prepared under the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
       (B) may be applied, as determined by the Secretary or 
     Chairman, to projects for which an environmental document is 
     prepared pursuant to that Act.
       (2) Flexibility.--Any authority granted to the Secretary or 
     Chairman under this section may be exercised for a project, 
     class of projects, or program of projects.
       (c) Lead Agencies.--
       (1) Federal lead agency.--The Department of the Interior or 
     the Federal Energy Regulatory Commission, as applicable, 
     shall be the Federal lead agency in the environmental review 
     process for a project.
       (2) Joint lead agencies.--Nothing in this section precludes 
     another agency from acting as a joint lead agency in 
     accordance with regulations issued under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
       (3) Ensuring compliance.--The Secretary or Chairman, as 
     applicable, shall ensure that the project complies with all 
     design and mitigation commitments made in any environmental 
     document prepared in accordance with this section and that 
     the environmental document is appropriately supplemented if 
     project modifications become necessary.
       (4) Adoption and use of documents.--Any environmental 
     document prepared in accordance with this section may be 
     adopted or used by any Federal agency making any approval to 
     the same extent that the Federal agency could adopt or use a 
     document prepared by another Federal agency.
       (5) Role and responsibility of lead agency.--With respect 
     to the environmental review process for any project, the lead 
     agency shall have the authority and responsibility--
       (A) to carry out any actions that are necessary and proper, 
     within the authority of the lead agency, to facilitate the 
     expeditious resolution of the environmental review process 
     for the project; and
       (B) to prepare or ensure that any required environmental 
     impact statement or other document required to be completed 
     under the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.) is completed in

[[Page S2178]]

     accordance with this section and applicable Federal law.
       (d) Participating Agencies.--
       (1) In general.--The lead agency shall be responsible for 
     inviting and designating participating agencies in accordance 
     with this subsection.
       (2) Invitation.--
       (A) In general.--The lead agency shall identify, as early 
     as practicable in the environmental review process for a 
     project, any other Federal and non-Federal agencies that may 
     have an interest in the project, and shall invite those 
     agencies to become participating agencies in the 
     environmental review process for the project.
       (B) Deadline.--The invitation shall state a deadline by 
     which responses shall be submitted to the lead agency, which 
     may be extended by the lead agency for good cause.
       (3) Federal participating agencies.--Any Federal agency 
     that is invited by the lead agency to participate in the 
     environmental review process for a project shall be 
     designated as a participating agency by the lead agency 
     unless the invited agency informs the lead agency, in 
     writing, by the deadline specified in the invitation that the 
     invited agency--
       (A) has no jurisdiction or authority with respect to the 
     project;
       (B) has no expertise or information relevant to the 
     project; and
       (C) does not intend to submit comments on the project.
       (4) Effect of designation.--Designation as a participating 
     agency under this subsection shall not imply that the 
     participating agency--
       (A) supports a proposed project;
       (B) has any jurisdiction over the project; or
       (C) has special expertise with respect to the evaluation of 
     the project.
       (5) Cooperating agency.--A participating agency may also be 
     designated by a lead agency as a cooperating agency under 
     part 1500 of title 40, Code of Federal Regulations (or 
     successor regulations).
       (6) Designations for categories of projects.--The Secretary 
     or Chairman, as applicable, may exercise the authorities 
     granted under this subsection for a project, class of 
     projects, or program of projects.
       (7) Concurrent reviews.--Each Federal agency shall, to the 
     maximum extent practicable--
       (A) carry out obligations of the Federal agency under other 
     applicable law concurrently, and in conjunction, with the 
     review required under the National Environmental Policy Act 
     of 1969 (42 U.S.C. 4321 et seq.), unless doing so would 
     impair the ability of the Federal agency to carry out those 
     obligations; and
       (B) formulate and implement administrative, policy, and 
     procedural mechanisms to enable the agency to ensure 
     completion of the environmental review process in a timely, 
     coordinated, and environmentally responsible manner.
       (e) Project Initiation.--The project sponsor shall notify 
     the Secretary or Chairman, as applicable, of the type and 
     general location of the proposed project, together with a 
     statement of any Federal approvals anticipated to be 
     necessary for the proposed project, for the purpose of 
     informing the Secretary or Chairman that the environmental 
     review process should be initiated.
       (f) Public Participation.--
       (1) In general.--As early as practicable during the 
     environmental review process, the lead agency shall provide 
     an opportunity for participating agencies and the public to 
     participate in defining the purpose and need for a project.
       (2) Scope and objectives.--
       (A) In general.--After providing an opportunity for 
     participation under paragraph (1), the lead agency shall 
     prepare a statement of purpose and need for any document that 
     the lead agency is responsible for preparing for the project.
       (B) Objectives.--The statement of purpose and need shall 
     include a clear statement of the objectives that the proposed 
     action is intended to achieve, which may include--
       (i) increasing energy and mineral security; and
       (ii) reducing energy, mineral, and natural resource costs 
     to consumers.
       (3) Alternative analysis.--
       (A) In general.--As early as practicable during the 
     environmental review process, the lead agency shall provide 
     an opportunity for participating agencies and the public to 
     participate in determining the range of alternatives to be 
     considered for a project.
       (B) Range of alternatives.--After providing an opportunity 
     for participation under paragraph (1), the lead agency shall 
     determine the range of alternatives for consideration in any 
     document that the lead agency is responsible for preparing 
     for the project.
       (C) Methodologies.--The lead agency, in collaboration with 
     the participating agencies, shall determine, at appropriate 
     times during the study process, the methodologies to be used 
     and the level of detail required in the analysis of each 
     alternative for a project.
       (D) Preferred alternative.--At the discretion of the lead 
     agency, the lead agency may--
       (i) identify a preferred alternative for a project; and
       (ii) develop a more detailed analysis for that alternative 
     than other alternatives to facilitate the development of 
     mitigation measures or concurrent compliance with other 
     applicable laws, subject to the condition that the lead 
     agency determines that the development of the more detailed 
     analysis will not prevent the lead agency from making an 
     impartial decision as to whether to accept another 
     alternative under consideration.
       (g) Coordination and Scheduling.--
       (1) Coordination plan.--
       (A) In general.--The lead agency shall establish a plan for 
     coordinating public and agency participation in and comment 
     on the environmental review process for a project or category 
     of projects, which may be incorporated in a memorandum of 
     understanding.
       (B) Schedule.--
       (i) In general.--The lead agency may establish as part of 
     the coordination plan, after consultation with each 
     participating agency for the project and with each State in 
     which the project is located, a schedule for completion of 
     the environmental review process for the project.
       (ii) Factors for consideration.--In establishing the 
     schedule, the lead agency shall consider factors such as--

       (I) the responsibilities of participating agencies under 
     applicable laws;
       (II) the resources available to the participating agencies;
       (III) the overall size and complexity of the project;
       (IV) the overall schedule for and cost of the project; and
       (V) the sensitivity of the natural and historic resources 
     that could be affected by the project.

       (C) Administration.--A schedule under subparagraph (B) 
     shall be consistent with any other relevant schedule required 
     under Federal law.
       (D) Modifications.--The lead agency may--
       (i) extend a schedule established under subparagraph (B) 
     for good cause; and
       (ii) reduce a schedule established under subparagraph (B) 
     only with the concurrence of the affected participating 
     agencies.
       (E) Dissemination.--A copy of a schedule under subparagraph 
     (B), including any modifications to the schedule, shall be--
       (i) provided to all participating agencies and to the 
     relevant agencies of each State in which the project is 
     located; and
       (ii) made available to the public.
       (2) Comment deadlines.--The lead agency shall establish 
     comment deadlines for agencies and the public such that--
       (A) the comment period on draft environmental impact 
     statements shall last for a period of not more than 60 days 
     after the date on which the notice of the date of public 
     availability of the document is published in the Federal 
     Register, unless--
       (i) a different deadline is established by agreement of the 
     lead agency and all participating agencies; or
       (ii) the deadline is extended by the lead agency for good 
     cause;
       (B) the comment period on the environmental review process 
     shall last for a period of not more than 30 days after the 
     date on which the materials on which comment is requested are 
     available, unless--
       (i) a different deadline is established by agreement of the 
     lead agency and all participating agencies; or
       (ii) the deadline is extended by the lead agency for good 
     cause.
       (3) Deadlines for decisions under other laws.--In any case 
     in which a decision under any Federal law relating to a 
     project (including the issuance or denial of a permit or 
     license) is required to be made by a date that is not later 
     than the date that is 180 days after the date on which the 
     Secretary or Chairman, as applicable, has made all final 
     decisions of the lead agency with respect to the project, or 
     not later than 180 days after the date on which an 
     application was submitted for the permit or license, the 
     Secretary or Chairman, as applicable, shall submit to the 
     Committees on Environment and Public Works and Energy and 
     Natural Resources of the Senate and the Committees on 
     Transportation and Infrastructure and Energy and Commerce of 
     the House of Representatives--
       (A) as soon as practicable after the 180-day period, an 
     initial notice of the failure of the Federal agency to make 
     the decision; and
       (B) every 60 days thereafter until such date as all 
     decisions of the Federal agency relating to the project have 
     been made by the Federal agency, an additional notice that 
     describes the number of decisions of the Federal agency that 
     remain outstanding as of the date of the additional notice.
       (4) Public participation.--Nothing in this subsection 
     reduces any time period under existing Federal law, including 
     regulations, for which public comment is provided in the 
     environmental review process.
       (h) Issue Identification and Resolution.--
       (1) In general.--The lead agency and the participating 
     agencies shall work cooperatively in accordance with this 
     section to identify and resolve issues that could delay 
     completion of the environmental review process or result in 
     denial of any approvals required for the project under 
     applicable laws.
       (2) Lead agency responsibilities.--
       (A) In general.--The lead agency shall make information 
     available to the participating agencies as early as 
     practicable in the environmental review process regarding the 
     environmental and socioeconomic resources located within the 
     project area and the general locations of the alternatives 
     under consideration.

[[Page S2179]]

       (B) Basis of information.--The information described in 
     subparagraph (A) may be based on existing data sources, 
     including geographical information systems mapping.
       (3) Participating agency responsibilities.--
       (A) In general.--Based on any information received from the 
     lead agency under paragraph (2), each participating agency 
     shall identify, as early as practicable, any issues of 
     concern regarding the potential environmental or 
     socioeconomic impacts of the project.
       (B) Inclusions.--For purposes of this paragraph, issues of 
     concern include any issues that could substantially delay or 
     prevent an agency from granting a permit or other approval 
     that is needed for the project.
       (4) Issue resolution.--
       (A) In general.--At any time, at the request of the 
     Governor of a State in which the project is located, the lead 
     agency shall promptly convene a meeting with the relevant 
     participating agencies and the Governor to resolve issues 
     that could delay completion of the environmental review 
     process or result in denial of any approvals required for the 
     project under applicable laws.
       (B) Notice that resolution cannot be achieved.--If a 
     resolution cannot be achieved by a date that is not later 
     than 30 days after the date on which the meeting under 
     subparagraph (A) occurs and the lead agency determines that 
     all information necessary to resolve the issue has been 
     obtained, the lead agency shall--
       (i) notify the heads of all participating agencies, the 
     Governor, the Committee on Energy and Natural Resources of 
     the Senate, the Committee on Energy and Commerce of the House 
     of Representatives, and the Council on Environmental Quality; 
     and
       (ii) publish the notification in the Federal Register.
       (i) Performance Measurement.--The Secretary shall establish 
     a program to measure and report on any progress made toward 
     improving and expediting the planning and environmental 
     review process.
       (j) Judicial Review.--
       (1) In general.--Except as provided in subsection (k), 
     nothing in this section affects the reviewability of any 
     final Federal agency action in a court of the United States 
     or in the court of any State.
       (2) No effect on other law.--Nothing in this section--
       (A) supersedes, amends, or modifies the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or 
     any other Federal environmental statute;
       (B) affects the responsibility of any Federal officer to 
     comply with or enforce any such statute; or
       (C) preempts or interferes with--
       (i) any practice of seeking, considering, or responding to 
     public comment;
       (ii) any power, jurisdiction, responsibility, or authority 
     that a Federal, State, local government agency, or Indian 
     tribe has with respect to carrying out a project; or
       (iii) any other provision of law applicable to a project.
       (k) Limitations on Claims.--
       (1) In general.--Notwithstanding any other provision of 
     law, a claim arising under Federal law seeking judicial 
     review of a permit, license, or approval issued by a Federal 
     agency for a project shall be barred unless the claim is 
     filed by not later than 180 days after the date of 
     publication of a notice in the Federal Register announcing 
     that the permit, license, or approval is final pursuant to 
     the law under which the agency action is taken, unless a 
     shorter time is specified in the Federal law pursuant to 
     which judicial review is allowed.
       (2) No right to review or limit on claim.--Nothing in this 
     subsection--
       (A) establishes any right to judicial review; or
       (B) places any limit on filing a claim that a person has 
     violated the terms of a permit, license, or approval.
       (3) New information.--
       (A) In general.--The Secretary shall consider new 
     information received after the close of a comment period if 
     the information satisfies the requirements for a supplemental 
     environmental impact statement under section 1502.9(c) of 
     title 40, Code of Federal Regulations (or a successor 
     regulation).
       (B) Preparation of new statement.--With respect to the 
     preparation of a supplemental environmental impact statement, 
     when required--
       (i) the preparation of such a statement shall be considered 
     to be a separate final agency action; and
       (ii) the deadline for filing a claim for judicial review of 
     that action shall be 180 days after the date of publication 
     of a notice in the Federal Register announcing the action.
       (l) Accelerated Decisionmaking in Environmental Reviews.--
       (1) In general.--When preparing a final environmental 
     impact statement under the National Environmental Policy Act 
     of 1969 (42 U.S.C. 4321 et seq.), if the lead agency makes 
     changes in response to comments that are minor and are 
     confined to factual corrections or explanations of why the 
     comments do not warrant further agency response, the lead 
     agency may write on errata sheets attached to the statement 
     instead of rewriting the draft statement, on the condition 
     that the errata sheets--
       (A) cite the sources, authorities, or reasons that support 
     the position of the agency; and
       (B) if appropriate, indicate the circumstances that would 
     trigger agency reappraisal or further response.
       (2) Incorporation.--To the maximum extent practicable, the 
     lead agency shall expeditiously develop a single document 
     that consists of a final environmental impact statement and a 
     record of decision unless--
       (A) the final environmental impact statement makes 
     substantial changes to the proposed action that are relevant 
     to environmental or safety concerns; or
       (B) there are significant new circumstances or information 
     relevant to environmental concerns and that bear on the 
     proposed action or the impacts of the proposed action.
                                 ______
                                 
  SA 1986. Ms. MURKOWSKI (for herself and Mr. Hoeven) submitted an 
amendment intended to be proposed by her to the bill S. 2204, to 
eliminate unnecessary tax subsidies and promote renewable energy and 
energy conservation; which was ordered to lie on the table; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. EXPEDITED FEDERAL PERMITTING AND REVIEW DECISIONS 
                   FOR ENERGY, NATURAL RESOURCE, AND 
                   INFRASTRUCTURE PROJECTS.

       (a) Findings.--Congress finds that--
       (1) it is imperative to significantly reduce the aggregate 
     time required to make decisions by the Federal Government on 
     the permitting and review of energy, natural resource, and 
     energy infrastructure projects, while improving environmental 
     and community outcomes;
       (2) investing in the energy infrastructure of the United 
     States provides immediate and long-term economic benefits for 
     local communities and the United States as a whole;
       (3) Federal permitting and review processes, including 
     planning, approval, and consultation processes, have a 
     substantive impact on the economy of the United States;
       (4) it is critical that Executive agencies take all steps, 
     within the authority and resources of the Executive agencies, 
     to execute Federal permitting and review processes with 
     maximum efficiency and effectiveness, while ensuring the 
     health, safety, and security of communities, the environment, 
     and vital economic growth;
       (5) Federal permitting and review processes should--
       (A) provide a transparent, consistent, and predictable path 
     for project sponsors and affected communities;
       (B) ensure that Executive agencies--
       (i) establish and adhere to timelines and schedules for 
     completion of reviews;
       (ii) establish clear permitting performance goals; and
       (iii) track progress against those goals;
       (C) encourage early collaboration among Executive agencies, 
     State, local, and tribal governments, project sponsors, and 
     affected stakeholders to incorporate and address affected 
     interests and minimize delays;
       (D) provide for transparency and accountability by using 
     cost-effective information technology to collect and 
     disseminate information concerning individual projects and 
     Executive agency performance;
       (E) rely on early and active consultation with State, 
     local, and tribal governments to avoid conflicts or 
     duplication of effort, resolve concerns, and allow for 
     concurrent rather than sequential reviews;
       (F) recognize the critical role project sponsors play in 
     ensuring the timely and cost-effective review of projects by 
     providing complete information and analysis and by 
     supporting, as appropriate, the costs associated with review; 
     and
       (G) enable Executive agencies--
       (i) to share priorities;
       (ii) to work collaboratively and concurrently to advance 
     reviews and permitting decisions; and
       (iii) to facilitate the resolution of disputes at all 
     levels of Executive agency organization;
       (6) each of the actions described in paragraph (5) should 
     be incorporated into routine Executive agency practice to 
     provide demonstrable improvements in the performance of 
     Federal infrastructure permitting and review processes, 
     including lower costs, more timely decisions, and a healthier 
     and cleaner environment; and
       (7) it is imperative to institutionalize best practices--
       (A) to enhance Federal, State, local, and tribal government 
     coordination on permitting and review processes (such as 
     conducting reviews concurrently rather than sequentially to 
     the maximum extent practicable);
       (B) to avoid duplicative reviews;
       (C) to engage stakeholders early in the permitting process; 
     and
       (D) to develop mechanisms to better communicate priorities 
     and resolve disputes among Executive agencies at the national 
     and regional levels.
       (b) Definitions.--In this section:
       (1) Covered regulations.--The term ``covered regulations'' 
     means regulations issued to carry out permitting processes 
     for--
       (A) any energy or natural resource development project on 
     Federal land that requires the approval of the Federal 
     Government; or
       (B) any interstate energy transmission or transportation 
     infrastructure project through electrical lines or pipelines 
     that requires the approval of the Federal Government.

[[Page S2180]]

       (2) Executive agency.--The term ``executive agency'' has 
     the meaning given the term in section 105 of title 5, United 
     States Code.
       (3) Project.--The term ``project'' means--
       (A) any energy or mineral development project on Federal 
     land that requires the approval of the Federal Government; or
       (B) any interstate energy transmission or transportation 
     infrastructure project through electrical lines or pipelines 
     that requires the approval of the Federal Government.
       (c) Covered Regulations.--Not later than 1 year after the 
     date of enactment of this Act, each Executive agency shall 
     amend the covered regulations of the Executive agency--
       (1) to reduce, to the maximum extent practicable, the time 
     required to make permitting and review decisions on projects 
     and to execute Federal permitting and review processes with 
     maximum efficiency and effectiveness, while ensuring the 
     health, safety, and security of communities, the environment, 
     and vital economic growth; and
       (2) to incorporate specific and measurable actions to carry 
     out paragraph (1), including actions such as--
       (A) performance metrics, including timelines or schedules 
     for review;
       (B) technological improvements, such as institutionalized 
     use of Dashboard and other information technology systems; 
     and
       (C) improved preapplication procedures;
       (D) early collaboration with other Executive agencies, 
     project sponsors, and affected stakeholders; and
       (E) coordination with State, local, and tribal governments.
                                 ______
                                 
  SA 1987. Ms. SNOWE submitted an amendment intended to be proposed by 
her to the bill S. 2204, to eliminate unnecessary tax subsidies and 
promote renewable energy and energy conservation; which was ordered to 
lie on the table; as follows:

       On page 9, strike lines 9 through 12, and insert the 
     following:
       (b) Wind Facilities.--
       (1) In general.--Paragraph (1) of section 45(d) of the 
     Internal Revenue Code of 1986 is amended by striking 
     ``January 1, 2013'' and inserting ``January 1, 2015''.
       (2) Reduced credit rate for wind facilities for 2013 and 
     2014 and termination after 2014.--Subparagraph (A) of section 
     45(b)(4) of the Internal Revenue Code of 1986 is amended--
       (A) by striking ``In the case of'' and inserting:
       ``(i) In general.--In the case of'', and
       (B) by adding at the end the following new clause:
       ``(ii) Wind facilities.--In the case of electricity 
     produced and sold in any calendar year after 2012 at any 
     qualified facility described in subsection (d)(1), the amount 
     in effect under subsection (a)(1) for such calendar year 
     (determined before the application of the last sentence of 
     paragraph (2) of this subsection) shall be--

       ``(I) reduced by one-third in calendar year 2013,
       ``(II) reduced by two-thirds in calendar year 2014, and
       ``(III) zero after calendar year 2014.''.

       (3) No extension of grants for specified energy property in 
     lieu of tax credits.--The amendments made by subsection (d) 
     of this section and section 116 of this Act are hereby deemed 
     null, void, and of no effect.
                                 ______
                                 
  SA 1988. Mr. CASEY submitted an amendment intended to be proposed by 
him to the bill S. 2204, to eliminate unnecessary tax subsidies and 
promote renewable energy and energy conservation; which was ordered to 
lie on the table; as follows:

       Strike section 115 and insert the following:

     SEC. 115. EXTENSION AND MODIFICATION OF ALTERNATIVE FUELS 
                   EXCISE TAX CREDITS.

       (a) Extension.--
       (1) Excise tax credits.--Sections 6426(d)(5) and 6426(e)(3) 
     of the Internal Revenue Code of 1986 are each amended by 
     striking ``December 31, 2011 (September 30, 2014, in the case 
     of any sale or use involving liquified hydrogen)'' and 
     inserting ``December 31, 2015''.
       (2) Payments.--Section 6427(e)(6) of such Code is amended 
     by inserting ``and'' at the end of subparagraph (B) and by 
     striking subparagraphs (C) and (D) and inserting the 
     following:
       ``(C) any alternative fuel or alternative fuel mixture (as 
     defined in subsection (d)(2) or (e)(3) of section 6426) sold 
     or used after December 31, 2015.''.
       (b) Application of Credit to Use in Trains.--Paragraph (1) 
     of section 6426(d) of such Code is amended by striking ``in a 
     motor vehicle or motorboat'' and inserting ``in a motor 
     vehicle, motorboat, or vehicle on rail''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to fuel sold or used after December 31, 2011.
                                 ______
                                 
  SA 1989. Mr. CASEY submitted an amendment intended to be proposed by 
him to the bill S. 2204, to eliminate unnecessary tax subsidies and 
promote renewable energy and energy conservation; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. CLEAN VEHICLE CORRIDORS PROGRAM.

       (a) Findings.--Congress makes the following findings:
       (1) Traditional transportation refueling networks are well-
     established, but market uncertainties continue to hamper the 
     full use of cleaner-burning domestic energy resources.
       (2) Despite considerable investor interest, higher capital 
     costs and an uncertain consumer base has limited expansion of 
     cleaner-burning alternative refueling options and its 
     customer base.
       (3) Reduced emissions and energy independence are important 
     factors at a national level, but they are not a sufficient 
     inducement to create large-scale changes.
       (4) While American-made fuels provide many energy security 
     and environmental benefits, a significant portion of imported 
     oil continues to be consumed as diesel fuel in on-road motor 
     vehicles.
       (5) Motor vehicles fueled by domestically-generated, 
     cleaner-burning transportation fuels, such as compressed 
     natural gas, liquified natural gas, propane, electricity, and 
     biofuels, can pay for themselves over time, but sales of such 
     vehicles, other than return-to-base vehicles, have been 
     hampered because of insufficient refueling infrastructure.
       (6) Simultaneous facilitation of infrastructure development 
     and a robust customer base is needed to avoid penalizing 
     current users or early adopters.
       (7) Facilitating focused infrastructure development along 
     designated routes will foster an expansion of alternative 
     fuel vehicles and increase the likelihood for commercial 
     success.
       (8) Eliminating the logistical barriers that are delaying 
     infrastructure development along clean vehicle corridors 
     will--
       (A) provide alternative refueling stations with a larger 
     customer base;
       (B) attract more buyers to the purchase of clean vehicles; 
     and
       (C) provide new market outlets for clean fuel providers.
       (b) Purposes.--The purposes of this section are--
       (1) to provide market certainty to drive private and 
     commercial capital investment in clean transportation 
     options;
       (2) to promote clean transportation technologies that 
     will--
       (A) lead to increased diversity and dissemination of 
     alternative fuel options; and
       (B) enable the United States to bridge the gap from foreign 
     energy imports to secure, domestically produced energy; and
       (3) to facilitate clean transportation incentives that 
     will--
       (A) attract a critical mass of clean transportation 
     vehicles that will give alternative fueling stations an 
     assured customer base and market certitude;
       (B) provide for ongoing increases in energy demands;
       (C) support the growth of jobs and businesses in the United 
     States; and
       (D) reduce petroleum use and emissions by vehicles.
       (c) Clean Vehicle Corridors Program.--
       (1) Corridor designations.--
       (A) In general.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary of Energy (referred 
     to in this section as the ``Secretary'') shall designate 10 
     ``Clean Vehicle Corridors'' along Federal highways or other 
     contiguous highways.
       (B) Consultation.--In making designations under paragraph 
     (1), the Secretary shall--
       (i) consult with the Secretary of Transportation; and
       (ii) gather information from Federal, State, and local 
     governments, nongovernmental organizations, and individuals 
     to help determine which highways should be included in the 
     corridors designated under subparagraph (A).
       (2) Infrastructure development.--
       (A) Cleaner-burning fuels.--
       (i) In general.--The Secretary shall encourage the addition 
     of alternative fueling options and other supporting 
     infrastructure along Clean Vehicle Corridors. These refueling 
     stations should provide 2 or more cleaner-burning fuels and 
     allow any motor vehicle that operates on such fuels to refuel 
     at distances comfortably within 1 tank range without the need 
     for prior arrangement. Existing and private facilities should 
     be encouraged to be included in the Clean Vehicle Corridors 
     network.
       (B) Definitions.--In this paragraph:
       (i) Cleaner-burning fuels.--The term ``cleaner-burning 
     fuels'' includes--

       (I) rapid-fueling compressed natural gas;
       (II) liquefied natural gas;
       (III) liquefied petroleum gas (also known as propane);
       (IV) plug-in electric;
       (V) biofuel;
       (VI) hydrogen; and
       (VII) other clean fuels designated by the Secretary.

       (ii) Supporting infrastructure.--The term ``supporting 
     infrastructure'' includes fueling stations, rest stops, 
     travel plazas, and other service areas on Federal or private 
     property that are found to be most practically located along 
     a Clean Vehicle Corridor.
       (3) Information and resources on clean vehicle corridors.--
       (A) Website.--The Secretary shall maintain a website 
     containing information and resources for Clean Vehicle 
     Corridors.
       (B) Interstate compacts.--

[[Page S2181]]

       (i) Establishment.--Two or more contiguous States may enter 
     into an interstate compact to establish clean vehicle 
     corridor partnerships to facilitate planning for and siting 
     of necessary facilities within those States.
       (ii) Technical assistance.--The Secretary, in consultation 
     with the Secretary of Energy, may provide technical 
     assistance to interstate compact partnerships established 
     pursuant to clause (i).
                                 ______
                                 
  SA 1990. Mr. CASEY submitted an amendment intended to be proposed by 
him to the bill S. 2204, to eliminate unnecessary tax subsidies and 
promote renewable energy and energy conservation; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. NATURAL GAS ENERGY AND ALTERNATIVES REBATE PROGRAM.

       (a) Definitions.--In this section:
       (1) Alternative fuel.--The term ``alternative fuel'' means 
     natural gas, liquid petroleum gas, hydrogen, electric, or 
     fuel cell.
       (2) Alternatively fueled bus.--The term ``alternatively 
     fueled bus'' means--
       (A) a school bus (as defined in section 390.5 of title 49, 
     Code of Federal Regulations) that operates on alternative 
     fuel;
       (B) a multifunction school activity bus (as defined in 
     section 571.3 of title 49, Code of Federal Regulations) that 
     operates on alternative fuel; or
       (C) a motor vehicle that--
       (i) provides public transportation (as defined in section 
     5302(a)(10) of title 49, United States Code); and
       (ii) operates on alternative fuel.
       (3) Eligible entity.--The term eligible entity means--
       (A) a public or private entity providing transportation 
     exclusively for school students, personnel, and equipment; or
       (B) a public entity providing mass transit services to the 
     public.
       (b) Rebate Program.--
       (1) In general.--The Secretary of Transportation shall 
     establish the Natural Gas Energy and Alternatives Rebates 
     Program (referred to in this section as the ``NGEAR 
     Program'') to subsidize the purchase of alternatively fueled 
     buses by eligible entities.
       (2) Amounts.--An eligible entity that purchases an 
     alternatively fueled bus during the period beginning on the 
     date of the enactment of this Act and ending on December 31, 
     2016, is eligible to receive a rebate from the Department of 
     Transportation under this subsection in an amount equal to 
     the lesser of--
       (A) 30 percent of the purchase price of the alternatively 
     fueled bus; or
       (B) $15,000.
       (3) Application.--Eligible entities desiring a rebate under 
     the NGEAR Program shall submit an application to the 
     Secretary of Transportation that contains copies of relevant 
     sales invoices and any additional information that the 
     Secretary of Transportation may require.
                                 ______
                                 
  SA 1991. Mr. BENNET submitted an amendment intended to be proposed by 
him to the bill S. 2204, to eliminate unnecessary tax subsidies and 
promote renewable energy and energy conservation; which was ordered to 
lie on the table; as follows:

       On page 22, between lines 3 and 4, insert the following:

                        TITLE III--MISCELLANEOUS

     SEC. 301. CLEAN ENERGY GRANT PROGRAM.

       (a) Definitions.--In this section:
       (1) Eligible entity.--The term ``eligible entity'' means an 
     entity described in subsection (c).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (b) Establishment.--There is established in the Department 
     of Energy a program to provide grants to eligible entities, 
     on a competitive basis, to develop and carry out clean energy 
     and carbon reduction measures, such as--
       (1) renewable electricity standards;
       (2) regional or statewide climate action plans;
       (3) the use of hybrid, electric, compressed natural gas, or 
     fuel cell vehicles in State or local fleets;
       (4) measures to increase the percentage of public buildings 
     of the eligible entity that are certified with respect to 
     standards for energy efficiency;
       (5) participation in a regional greenhouse gas reduction 
     program;
       (6) facilitation of on-bill financing for energy efficiency 
     improvements for residences and business served by rural 
     coops;
       (7) provision of State tax incentives for the manufacture 
     or installation of clean energy components or energy 
     efficiency upgrades;
       (8) provision of innovative financing mechanisms to private 
     sector entities to encourage the deployment of clean energy 
     technologies;
       (9) implementation of best management practices for the 
     public utility commission of an eligible entity;
       (10) improvement and updating of grid technology; and
       (11) implementation of carbon efficiency standards.
       (c) Eligible Entities.--To be eligible to receive a grant 
     under this section, a State or unit of local government, or a 
     regional consortium comprised of States or units of local 
     governments, in partnership with private sector and 
     nongovernmental organization partners, shall--
       (1) meet any requirements established by the Secretary 
     under subsection (f); and
       (2) submit an application to the Secretary at such time, in 
     such form, and containing such information as the Secretary 
     may require.
       (d) Award.--The Secretary shall determine which eligible 
     entities shall receive grants and the amount of the grants 
     provided based on--
       (1) the information provided in an application submitted 
     under subsection (c)(2); and
       (2) any criteria for reviewing and ranking applications 
     developed by the Secretary by regulation under subsection 
     (f).
       (e) Use of Funds.--Grant funds provided under this section 
     shall only be used for eligible uses specified by the 
     Secretary by regulation under subsection (f).
       (f) Regulations.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall issue regulations 
     that establish criteria for grants under this section, 
     including specifying the types of measures that are eligible 
     for grants, establishing application criteria, and developing 
     a point system to assist the Secretary in reviewing and 
     ranking grant applications.
       (2) Considerations.--In developing the regulations under 
     paragraph (1), the Secretary shall take into account--
       (A) regional disparities in the ways in which energy is 
     produced and used; and
       (B) the clean energy resource potential of the measures.
       (g) Explanation.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall publish in the 
     Federal Register an explanation of the manner by which grants 
     awarded under subsection (d) would ensure an objective 
     evaluation based on the criteria regulations promulgated 
     under subsection (f)(1).
       (h) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary for fiscal year 2011 to 
     carry out this section $5,000,000,000, to remain available 
     until expended.
                                 ______
                                 
  SA 1992. Mr. LIEBERMAN submitted an amendment intended to be proposed 
by him to the bill S. 2204, to eliminate unnecessary tax subsidies and 
promote renewable energy and energy conservation; which was ordered to 
lie on the table; as follows:

       At the end, insert the following:

     SEC. ___. SAVINGS OFFSET.

       OMB shall reduce the total amount of deficit reduction 
     required by section 251A of the Balanced Budget and Emergency 
     Deficit Control Act of 1985 for fiscal year 2013 by an amount 
     equal to the increase in revenues for fiscal year 2013 
     resulting from the enactment of this Act.
                                 ______
                                 
  SA 1993. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 2204, to eliminate unnecessary tax subsidies and 
promote renewable energy and energy conservation; which was ordered to 
lie on the table; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Regulatory Relief to Reduce 
     Energy Prices Act of 2012''.

     SEC. 2. CONGRESSIONAL FINDINGS.

       Congress finds that--
       (1) Americans are suffering through record levels of job 
     losses, slow economic growth, high gasoline prices, and 
     increasing energy costs, and unemployment in the United 
     States is currently more than 8 percent;
       (2) the President wrote in an August 2011 letter to the 
     Speaker of the House of Representatives that ``it is 
     extremely important to minimize regulatory burdens and to 
     avoid unjustified regulatory costs, particularly in this 
     difficult economic period'' and, in that letter, the 
     President identified at least 7 proposed regulations that 
     would each impose billions of dollars in new costs on the 
     private sector and, with respect to at least 1 of those 
     rules, the President ultimately directed the Federal agency 
     to not proceed with promulgation;
       (3) the President stated in Executive Order 13563 that our 
     Nation's regulatory system should ``protect public health, 
     welfare, safety, and our environment while promoting economic 
     growth, innovation, competitiveness, and job creation'';
       (4) since the issuance of Executive Order 13563, additional 
     significant Federal rules have been issued that increase 
     energy costs and hinder economic growth;
       (5) many existing Federal laws do not expressly authorize 
     the President or the Federal agencies to delay or terminate 
     the rulemaking process for new regulations based on adverse 
     economic impacts, unemployment, energy prices and electric 
     reliability, and other related considerations; and
       (6) it is necessary for job creation, until the 
     unemployment rate improves, to authorize the President to 
     delay or disapprove any major rule due to concerns related to 
     significant economic impacts.

     SEC. 3. PURPOSE.

       The purpose of this Act--
       (1) is to facilitate economic growth, affordable energy, 
     and job creation by providing

[[Page S2182]]

     the President with authority to delay or disapprove the 
     adoption, finalization, promulgation, issuance, or 
     implementation of any major rule due to concerns related to 
     significant economic impacts; and
       (2) is not to authorize the President to delay or terminate 
     rules that--
       (A) facilitate economic recovery or job creation; or
       (B) reduce the overall Federal regulatory burden.

     SEC. 4. DEFINITIONS.

       In this Act--
       (1) the term ``major rule'' has the meaning given that term 
     under section 804(2) of title 5, United States Code; and
       (2) the term ``significant economic impacts'' includes 
     impacts on energy costs and electric reliability, gasoline 
     prices, employment, gross domestic product, and related 
     considerations.

     SEC. 5. APPROVAL OF MAJOR RULES BY THE PRESIDENT.

       (a) In General.--Notwithstanding any other provision of 
     law, any major rule (as determined by the Administrator of 
     the Office of Information and Regulatory Affairs of the 
     Office of Management and Budget in accordance with chapter 8 
     of title 5, United States Code) shall not become final and 
     effective until the President issues an executive order of 
     approval under subsection (b).
       (b) Executive Orders.--
       (1) In general.--After review of any major rule and 
     consideration of significant economic impacts, the President 
     may issue an executive order to--
       (A) approve the major rule to become final and effective 
     notwithstanding significant economic impacts;
       (B) delay consideration of, or action upon, the major rule 
     due to concerns related to significant economic impacts; or
       (C) disapprove and terminate the major rule due to concerns 
     related to significant economic impacts.
       (2) Contents.--Any executive order issued under paragraph 
     (1) shall describe the basis for the finding of significant 
     economic impacts and the rationale for the decision to 
     approve, delay, or disapprove and terminate the major rule.
       (c) Exemption for National Security or National 
     Emergency.--A major rule is exempt from this Act if the 
     exemption is necessary in the interest of national security 
     or in response to a national emergency.
                                 ______
                                 
  SA 1994. Mr. SESSIONS (for himself and Mr. Vitter) submitted an 
amendment intended to be proposed by him to the bill S. 2204, to 
eliminate unnecessary tax subsidies and promote renewable energy and 
energy conservation; which was ordered to lie on the table; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Truth in Energy Policy 
     Act''.

     SEC. 2. TRANSPARENCY IN DOMESTIC OIL AND NATURAL GAS 
                   PRODUCTION.

       Section 18 of the Outer Continental Shelf Lands Act (43 
     U.S.C. 1344) is amended by adding at the end the following:
       ``(i) Transparency in Domestic Oil and Natural Gas 
     Production.--The Secretary shall establish, and maintain with 
     up-to-date data, a publicly available website listing the 
     following:
       ``(1) The domestic strategic production goal for the 
     development of oil and natural gas.
       ``(2) The current demand for oil and natural gas in the 
     United States.
       ``(3) Oil production from Federal property on an annual 
     basis since 2000.
       ``(4) Oil production from non-Federal property on an annual 
     basis since 2000.
       ``(5) The percent reduction or increase, measured on an 
     annual basis, in oil and gas production from Federal 
     property.
       ``(6) The number of Federal oil and gas leases issued 
     annually since 2000.
       ``(7) A map showing Federal areas accessible to oil and gas 
     production.
       ``(8) The total areas comprising the outer Continental 
     Shelf and, of that acreage, the percentage that--
       ``(A) is actually leased for oil and gas production; and
       ``(B) would have been leased if the 2010 2015 offshore 
     lease plan was fully implemented as proposed in 2008.
       ``(9) Total estimated United States oil resources.''.
                                 ______
                                 
  SA 1995. Mr. SESSIONS (for himself and Mr. Inhofe) submitted an 
amendment intended to be proposed by him to the bill S. 2204, to 
eliminate unnecessary tax subsidies and promote renewable energy and 
energy conservation; which was ordered to lie on the table; as follows:

       On page 22, between lines 3 and 4, insert the following:

                        TITLE III--MISCELLANEOUS

     SEC. 301. DELAY OF IMPLEMENTATION OF RULE REGARDING STANDARDS 
                   OF PERFORMANCE FOR GREENHOUSE GAS EMISSIONS.

       Notwithstanding any other provision of law, the 
     Administrator of the Environmental Protection Agency shall 
     not promulgate or implement any final version of the proposed 
     rule entitled ``Standards of Performance for Greenhouse Gas 
     Emissions for New Stationary Sources: Electric Utility 
     Generating Units'' (EPA-HQ-OAR-2011-0660; FRL-RIN 2060 Aq91 
     (March 27, 2012)) until such time as the standards proposed 
     in that rule are implemented by Russia, China, and India.
                                 ______
                                 
  SA 1996. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 2204, to eliminate unnecessary tax subsidies and 
promote renewable energy and energy conservation; which was ordered to 
lie on the table; as follows:

       On page 22, strike lines 4 and 5 and insert the following:

                        TITLE III--MISCELLANEOUS

     SEC. 301. EFFECT OF NEPA ON CERTAIN FEDERAL AGENCIES.

       (a) In General.--The Comptroller General of the United 
     States shall assess and produce a report on how the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
     affects--
       (1) the Department of Defense;
       (2) the Department of Energy;
       (3) the Department of the Interior;
       (4) the Department of Transportation;
       (5) the Environmental Protection Agency;
       (6) the Corps of Engineers; and
       (7) the Forest Service.
       (b) Contents.--For each Federal agency described in 
     subsection (a), the report shall include an assessment of--
       (1) the cost of complying with the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.);
       (2) the quantity of man hours spent on complying with that 
     Act;
       (3) the quantity of litigation the Federal agency engages 
     in as a result of that Act, including the quantity of time 
     and the cost that litigation adds to a project; and
       (4) the economic costs associated with the delay in onshore 
     and offshore oil and gas production as a result of that Act.

                      TITLE IV--BUDGETARY EFFECTS

     SEC. 401. DEFICIT REDUCTION.

                                 ______
                                 
  SA 1997. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill S. 2204, to eliminate unnecessary tax subsidies and 
promote renewable energy and energy conservation; which was ordered to 
lie on the table; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Domestic Energy Advancement 
     and Leasing Act''.

     SEC. 2. COMMERCIAL LEASING PROGRAM FOR OIL SHALE RESOURCES ON 
                   PUBLIC LAND.

       Subsection (e) of the Oil Shale, Tar Sands, and Other 
     Strategic Unconventional Fuels Act of 2005 (42 U.S.C. 
     15927(e)) is amended--
       (1) in the first sentence, by striking ``Not later'' and 
     inserting the following:
       ``(1) In general.--Not later'';
       (2) in the second sentence--
       (A) by striking ``If the Secretary'' and inserting the 
     following:
       ``(2) Lease sales.--
       ``(A) In general.--If the Secretary''; and
       (B) by striking ``may'' and inserting ``shall'';
       (3) in the last sentence, by striking ``Evidence of 
     interest'' and inserting the following:
       ``(B) Evidence of interest.--Evidence of interest''; and
       (4) by adding at the end the following:
       ``(C) Subsequent lease sales.--During any period for which 
     the Secretary determines that there is sufficient support and 
     interest in a State in the development of tar sands and oil 
     shale resources, the Secretary shall--
       ``(i) at least annually, consult with the persons described 
     in paragraph (1) to expedite the commercial leasing program 
     for oil shale resources on public land in the State; and
       ``(ii) at least once every 270 days, conduct a lease sale 
     in the State under the commercial leasing program 
     regulations.''.

     SEC. 3. JURISDICTION OVER COVERED ENERGY PROJECTS.

       (a) Definition of Covered Energy Project.--In this section, 
     the term ``covered energy project'' means any action or 
     decision by a Federal official regarding--
       (1) the leasing of Federal land (including submerged land) 
     for the exploration, development, production, processing, or 
     transmission of oil, natural gas, or any other source or form 
     of energy, including actions and decisions regarding the 
     selection or offering of Federal land for such leasing; or
       (2) any action under such a lease, except that this section 
     and Act shall not apply to a dispute between the parties to a 
     lease entered into a provision of law authorizing the lease 
     regarding obligations under the lease or the alleged breach 
     of the lease.
       (b) Exclusive Jurisdiction Over Causes and Claims Relating 
     to Covered Energy Projects.--Notwithstanding any other 
     provision of law, the United States District Court for the 
     District of Columbia shall have exclusive jurisdiction to 
     hear all causes and claims under this section or any other 
     Act that arise from any covered energy project.
       (c) Time for Filing Complaint.--
       (1) In general.--Each case or claim described in subsection 
     (b) shall be filed not later than the end of the 60-day 
     period beginning on the date of the action or decision by

[[Page S2183]]

     a Federal official that constitutes the covered energy 
     project concerned.
       (2) Prohibition.--Any cause or claim described in 
     subsection (b) that is not filed within the time period 
     described in paragraph (1) shall be barred.
       (d) District Court for the District of Columbia Deadline.--
       (1) In general.--Each proceeding that is subject to 
     subsection (b) shall--
       (A) be resolved as expeditiously as practicable and in any 
     event not more than 180 days after the cause or claim is 
     filed; and
       (B) take precedence over all other pending matters before 
     the district court.
       (2) Failure to comply with deadline.--If an interlocutory 
     or final judgment, decree, or order has not been issued by 
     the district court by the deadline required under this 
     section, the cause or claim shall be dismissed with prejudice 
     and all rights relating to the cause or claim shall be 
     terminated.
       (e) Ability To Seek Appellate Review.--An interlocutory or 
     final judgment, decree, or order of the district court under 
     this section may be reviewed by no other court except the 
     Supreme Court.
       (f) Deadline for Appeal to the Supreme Court.--If a writ of 
     certiorari has been granted by the Supreme Court pursuant to 
     subsection (e), the interlocutory or final judgment, decree, 
     or order of the district court shall be resolved as 
     expeditiously as practicable and in any event not more than 
     180 days after the interlocutory or final judgment, decree, 
     order of the district court is issued.

     SEC. 4. ENVIRONMENTAL IMPACT STATEMENTS.

       Title I of the National Environmental Policy Act of 1969 
     (42 U.S.C. 4331 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 106. COMPLETION AND REVIEW OF ENVIRONMENTAL IMPACT 
                   STATEMENTS.

       ``(a) Completion.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, each review carried out under section 102(2)(C) with 
     respect to any action taken under any provision of law, or 
     for which funds are made available under any provision of 
     law, shall be completed not later than the date that is 270 
     days after the commencement of the review.
       ``(2) Failure to complete review.--If a review described in 
     paragraph (1) has not been completed for an action subject to 
     section 102(2)(C) by the date specified in paragraph (1)--
       ``(A) the action shall be considered to have no significant 
     impact described in section 102(2)(C); and
       ``(B) that classification shall be considered to be a final 
     agency action.
       ``(3) Unemployment rate.--If the national unemployment rate 
     is 5 percent or more, the lead agency conducting a review of 
     an action under this section shall use the most expeditious 
     means authorized under this title to conduct the review.
       ``(b) Lead Agency.--The lead agency for a review of an 
     action under this section shall be the Federal agency to 
     which funds are made available for the action.
       ``(c) Review.--
       ``(1) Administrative appeals.--There shall be a single 
     administrative appeal for each review carried out pursuant to 
     section 102(2)(C).
       ``(2) Judicial review.--
       ``(A) In general.--On resolution of the administrative 
     appeal, judicial review of the final agency decision after 
     exhaustion of administrative remedies shall lie with the 
     United States Court of Appeals for the District of Columbia 
     Circuit.
       ``(B) Administrative record.--An appeal to the court 
     described in subparagraph (A) shall be based only on the 
     administrative record.
       ``(C) Pendency of judicial review.--After an agency has 
     made a final decision with respect to a review carried out 
     under this subsection, the decision shall be effective during 
     the course of any subsequent appeal to a court described in 
     subparagraph (A).
       ``(3) Civil action.--Each civil action covered by this 
     section shall be considered to arise under the laws of the 
     United States.''.

     SEC. 5. EFFECTIVE DATE.

       This Act and the amendments made by this Act take effect on 
     the first day after the date of enactment of this Act on 
     which occurs any sale from the Strategic Petroleum Reserve 
     established under part B of title I of the Energy Policy and 
     Conservation Act (42 U.S.C. 6231 et seq.).

                          ____________________