[Congressional Record Volume 160, Number 67 (Tuesday, May 6, 2014)]
[Senate]
[Pages S2722-S2739]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2985. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill S. 2262, to promote energy savings in residential 
buildings and industry, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:

      TITLE VI--ENERGY FREEDOM AND ECONOMIC PROSPERITY ACT OF 2014

                     Subtitle A--Short Title; etc.

     SEC. 601. SHORT TITLE; REFERENCE TO 1986 CODE.

       (a) Short Title.--This title may be cited as the ``Energy 
     Freedom and Economic Prosperity Act of 2014''.
       (b) Reference to 1986 Code.--Except as otherwise expressly 
     provided, whenever in this title an amendment or repeal is 
     expressed in terms of an amendment to, or repeal of, a 
     section or other provision, the reference shall be considered 
     to be made to a section or other provision of the Internal 
     Revenue Code of 1986.

               Subtitle B--Repeal of Energy Tax Subsidies

     SEC. 611. EARLY TERMINATION OF CREDIT FOR QUALIFIED FUEL CELL 
                   MOTOR VEHICLES.

       (a) In General.--Section 30B is repealed.
       (b) Conforming Amendments.--
       (1) Subparagraph (A) of section 24(b)(3) is amended by 
     striking ``, 30B''.
       (2) Paragraph (2) of section 25B(g) is amended by striking 
     ``, 30B,''.
       (3) Subsection (b) of section 38 is amended by striking 
     paragraph (25).
       (4) Subsection (a) of section 1016 is amended by striking 
     paragraph (35) and by redesignating paragraphs (36) and (37) 
     as paragraphs (35) and (36), respectively.
       (5) Subsection (m) of section 6501 is amended by striking 
     ``, 30B(h)(9)''.
       (c) Clerical Amendment.--The table of sections for subpart 
     B of part IV of subchapter A of chapter 1 is amended by 
     striking the item relating to section 30B.
       (d) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2014.

     SEC. 612. EARLY TERMINATION OF NEW QUALIFIED PLUG-IN ELECTRIC 
                   DRIVE MOTOR VEHICLES.

       (a) In General.--Section 30D is repealed.
       (b) Effective Date.--The amendment made by this section 
     shall apply to vehicles placed in service after the date of 
     the enactment of this Act.

     SEC. 613. REPEAL OF CREDIT FOR ALCOHOL USED AS FUEL.

       (a) In General.--Section 40 is repealed.
       (b) Conforming Amendments.--
       (1) Subsection (b) of section 38 is amended by striking 
     paragraph (3).
       (2) Subsection (c) of section 196 is amended by striking 
     paragraph (3) and by redesignating paragraphs (4) through 
     (14) as paragraphs (3) through (13), respectively.

[[Page S2723]]

       (3) Paragraph (1) of section 4101(a) is amended by striking 
     ``, and every person producing cellulosic biofuel (as defined 
     in section 40(b)(6)(E))''.
       (4) Paragraph (1) of section 4104(a) is amended by striking 
     ``, 40''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to fuel sold or used after the date of the 
     enactment of this Act.

     SEC. 614. REPEAL OF ENHANCED OIL RECOVERY CREDIT.

       (a) In General.--Section 43 is repealed.
       (b) Conforming Amendments.--
       (1) Subsection (b) of section 38 is amended by striking 
     paragraph (6).
       (2) Paragraph (4) of section 45Q(d) is amended by inserting 
     ``(as in effect on the day before the date of the enactment 
     of the Energy Freedom and Economic Prosperity Act of 2014)'' 
     after ``section 43(c)(2)''.
       (3) Subsection (c) of section 196, as amended by sections 
     105 and 106 of this Act, is amended by striking paragraph (5) 
     and by redesignating paragraphs (6) through (12) as 
     paragraphs (5) through (11), respectively.
       (c) Clerical Amendment.--The table of sections for subpart 
     D of part IV of subchapter A of chapter 1 is amended by 
     striking the item relating to section 43.
       (d) Effective Date.--The amendments made by this section 
     shall apply to costs paid or incurred after December 31, 
     2014.

     SEC. 615. REPEAL OF CREDIT FOR PRODUCING OIL AND GAS FROM 
                   MARGINAL WELLS.

       (a) In General.--Section 45I is repealed.
       (b) Conforming Amendment.--Subsection (b) of section 38 is 
     amended by striking paragraph (19).
       (c) Clerical Amendment.--The table of sections for subpart 
     D of part IV of subchapter A of chapter 1 is amended by 
     striking the item relating to section 45I.
       (d) Effective Date.--The amendments made by this section 
     shall apply to production in taxable years beginning after 
     December 31, 2014.

     SEC. 616. TERMINATION OF CREDIT FOR PRODUCTION FROM ADVANCED 
                   NUCLEAR POWER FACILITIES.

       (a) In General.--Subparagraph (B) of section 45J(d)(1) is 
     amended by striking ``January 1, 2021'' and inserting 
     ``January 1, 2015''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2014.

     SEC. 617. REPEAL OF CREDIT FOR CARBON DIOXIDE SEQUESTRATION.

       (a) In General.--Section 45Q is repealed.
       (b) Effective Date.--The amendment made by this section 
     shall apply to carbon dioxide captured after December 31, 
     2014.

     SEC. 618. TERMINATION OF ENERGY CREDIT.

       (a) In General.--Section 48 is amended by adding at the end 
     the following new subsection:
       ``(e) Termination.--No credit shall be allowed under 
     subsection (a) for any period after December 31, 2014.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2014.

     SEC. 619. REPEAL OF QUALIFYING ADVANCED COAL PROJECT.

       (a) In General.--Section 48A is repealed.
       (b) Conforming Amendment.--Section 46 is amended by 
     striking paragraph (3) and by redesignating paragraphs (4), 
     (5), and (6) as paragraphs (3), (4), and (5), respectively.
       (c) Clerical Amendment.--The table of sections for subpart 
     E of part IV of subchapter A of chapter 1 is amended by 
     striking the item relating to section 48A.
       (d) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2014.

     SEC. 620. REPEAL OF QUALIFYING GASIFICATION PROJECT CREDIT.

       (a) In General.--Section 48B is repealed.
       (b) Conforming Amendment.--Section 46, as amended by this 
     Act, is amended by striking paragraph (3) and by 
     redesignating paragraphs (4) and (5) as paragraphs (3) and 
     (4), respectively.
       (c) Clerical Amendment.--The table of sections for subpart 
     E of part IV of subchapter A of chapter 1 is amended by 
     striking the item relating to section 48B.
       (d) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2014.

     SEC. 621. REPEAL OF QUALIFYING ADVANCED ENERGY PROJECT 
                   CREDIT.

       (a) In General.--Section 48C is repealed.
       (b) Conforming Amendment.--Section 46, as amended by this 
     Act, is amended by striking paragraph (3) and by 
     redesignating paragraph (4) as paragraph (3).
       (c) Clerical Amendment.--The table of sections for subpart 
     E of part IV of subchapter A of chapter 1 is amended by 
     striking the item relating to section 48C.
       (d) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2014.

           Subtitle C--Reduction of Corporate Income Tax Rate

     SEC. 631. CORPORATE INCOME TAX RATE REDUCED.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary of the Treasury 
     shall prescribe, in lieu of the rates of tax under paragraphs 
     (1) and (2) of section 11(b), section 1201(a), and paragraphs 
     (1), (2), and (6) of section 1445(e) of the Internal Revenue 
     Code of 1986, such rates of tax as the Secretary estimates 
     would result in--
       (1) a decrease in revenue to the Treasury for taxable years 
     beginning during the 10-year period beginning on the date of 
     the enactment of this Act, equal to
       (2) the increase in revenue for such taxable years by 
     reason of the amendments made by title I of this Act.
       (b) Maintenance of Graduated Rates.--In prescribing the tax 
     rates under subsection (a), the Secretary shall ensure that 
     each rate modified under such subsection is reduced by a 
     uniform percentage.
       (c) Effective Date.--The rates prescribed by the Secretary 
     under subsection (a) shall apply to taxable years beginning 
     more than 1 year after the date of the enactment of this Act.
                                 ______
                                 
  SA 2986. Mr. BLUNT (for himself and Mr. Toomey) submitted an 
amendment intended to be proposed by him to the bill S. 2262, to 
promote energy savings in residential buildings and industry, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. POINT OF ORDER AGAINST LEGISLATION THAT WOULD 
                   CREATE A TAX OR FEE ON CARBON EMISSIONS.

       (a) Point of Order.--It shall not be in order in the Senate 
     to consider any bill, joint resolution, motion, amendment, or 
     conference report that includes a Federal tax or fee imposed 
     on carbon emissions from any product or entity that is a 
     direct or indirect source of the emissions.
       (b) Waiver and Appeal.--
       (1) Waiver.--Subsection (a) may be waived or suspended in 
     the Senate only by an affirmative vote of three-fifths of the 
     Members, duly chosen and sworn.
       (2) Appeal.--An affirmative vote of three-fifths of the 
     Members of the Senate, duly chosen and sworn, shall be 
     required to sustain an appeal of the ruling of the Chair on a 
     point of order raised under subsection (a).
                                 ______
                                 
  SA 2987. Mr. HELLER submitted an amendment intended to be proposed by 
him to the bill S. 2262, to promote energy savings in residential 
buildings and industry, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end of title IV, add the following:

                  Subtitle F--Energy Consumers Relief

     SEC. 451. SHORT TITLE.

       This subtitle may be cited as the ``Energy Consumers Relief 
     Act of 2014''

     SEC. 452. DEFINITIONS.

       In this subtitle:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Covered energy-related rule.--The term ``covered 
     energy-related rule'' means a rule of the Environmental 
     Protection Agency that--
       (A) regulates any aspect of the production, supply, 
     distribution, or use of energy or provides for that 
     regulation by States or other governmental entities; and
       (B) is estimated by the Administrator or the Director of 
     the Office of Management and Budget to impose direct costs 
     and indirect costs, in the aggregate, of more than 
     $1,000,000,000.
       (3) Direct costs.--The term ``direct costs'' has the 
     meaning given the term in chapter 8 of the document of the 
     Environmental Protection Agency entitled ``Guidelines for 
     Preparing Economic Analyses'' and dated December 17, 2010.
       (4) Indirect costs.--The term ``indirect costs'' has the 
     meaning given the term in chapter 8 of the document of the 
     Environmental Protection Agency entitled ``Guidelines for 
     Preparing Economic Analyses'' and dated December 17, 2010.
       (5) Rule.--The term ``rule'' has the meaning given the term 
     in section 551 of title 5, United States Code.

     SEC. 453. PROHIBITION AGAINST FINALIZING CERTAIN ENERGY-
                   RELATED RULES THAT WILL CAUSE SIGNIFICANT 
                   ADVERSE EFFECTS TO THE ECONOMY.

       Notwithstanding any other provision of law, the 
     Administrator shall not promulgate as final any covered 
     energy-related rule if the Secretary determines under section 
     454(d) that the rule will result in significant adverse 
     effects to the economy.

     SEC. 454. REPORTS AND DETERMINATIONS PRIOR TO PROMULGATING AS 
                   FINAL CERTAIN ENERGY-RELATED RULES.

       (a) In General.--Before promulgating as final any covered 
     energy-related rule, the Administrator shall carry out the 
     activities described in subsections (c) through (d).
       (b) Report to Congress.--For each covered energy-related 
     rule, the Administrator shall submit to Congress a report 
     (and transmit a copy to the Secretary) containing--
       (1) a copy of the rule;
       (2) a concise general statement relating to the rule;
       (3) an estimate of the total costs of the rule, including 
     the direct costs and indirect costs of the rule;
       (4) an estimate of--
       (A) the total benefits of the rule; and
       (B) when those benefits are expected to be realized;
       (5) a description of the modeling, the assumptions, and the 
     limitations due to uncertainty, speculation, or lack of 
     information associated with the estimates under paragraph 
     (4);

[[Page S2724]]

       (6) an estimate of the increases in energy prices, 
     including potential increases in gasoline or electricity 
     prices for consumers, that may result from implementation or 
     enforcement of the rule; and
       (7) a detailed description of the employment effects, 
     including potential job losses and shifts in employment, that 
     may result from implementation or enforcement of the rule.
       (c) Initial Determination on Increases and Impacts.--The 
     Secretary, in consultation with the Federal Energy Regulatory 
     Commission and the Administrator of the Energy Information 
     Administration, shall prepare an independent analysis to 
     determine whether the covered energy-related rule will 
     cause--
       (1) any increase in energy prices for consumers, including 
     low-income households, small businesses, and manufacturers;
       (2) any impact on fuel diversity of the electricity 
     generation portfolio of the United States or on national, 
     regional, or local electric reliability;
       (3) any adverse effect on energy supply, distribution, or 
     use due to the economic or technical infeasibility of 
     implementing the rule; or
       (4) any other adverse effect on energy supply, 
     distribution, or use (including a shortfall in supply and 
     increased use of foreign supplies).
       (d) Subsequent Determination on Adverse Effects to the 
     Economy.--If the Secretary determines, under subsection (c), 
     that the rule will result in an increase, impact, or effect 
     described in that subsection, then the Secretary, in 
     consultation with the Administrator, the Secretary of 
     Commerce, the Secretary of Labor, and the Administrator of 
     the Small Business Administration, shall--
       (1) determine whether the rule will result in significant 
     adverse effects to the economy, taking into consideration--
       (A) the costs and benefits of the rule and limitations in 
     calculating those costs and benefits due to uncertainty, 
     speculation, or lack of information; and
       (B) the positive and negative impacts of the rule on 
     economic indicators, including those related to gross 
     domestic product, unemployment, wages, consumer prices, and 
     business and manufacturing activity; and
       (2) publish the results of that determination in the 
     Federal Register.
                                 ______
                                 
  SA 2988. Mr. BEGICH submitted an amendment intended to be proposed by 
him to the bill S. 2262, to promote energy savings in residential 
buildings and industry, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end, add the following:

     SEC. ___. CREDIT FOR CONVERSION OF HOME HEATING USING OIL 
                   FUEL TO USING NATURAL GAS OR BIOMASS 
                   FEEDSTOCKS.

       (a) In General.--Subsection (a) of section 25C of the 
     Internal Revenue Code of 1986 (relating to nonbusiness energy 
     property) is amended by striking ``and'' at the end of 
     paragraph (1), by striking the period at the end of paragraph 
     (2) and inserting ``, and'', and by adding at the end the 
     following new paragraph:
       ``(3) the amount of the qualifying heating conversion 
     expenditures paid or incurred by the taxpayer during such 
     taxable year.''.
       (b) Dollar Limitation.--
       (1) In general.--
       (A) Limitation.--Subsection (b) of section 25C of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following new paragraph:
       ``(4) Limitation on qualifying heating conversion 
     expenditures.--The amount of the credit allowed under this 
     section by reason of paragraph (3) of subsection (a) for any 
     taxable year with respect to any taxpayer shall not exceed 
     $5,000.''.
       (B) Conforming amendment.--Paragraph (1) of section 25C(b) 
     of such Code is amended by inserting ``by reason of 
     paragraphs (1) and (2) of subsection (a)'' after ``The credit 
     allowed under this section''.
       (2) No double counting.--Section 25C(e) of such Code 
     (relating to special rules) is amended by adding at the end 
     the following new paragraph:
       ``(4) No double counting.--No amount taken into account for 
     purposes of determining a credit under this section by reason 
     of paragraph (3) of subsection (a) shall be taken into 
     account for purposes of determining a credit under this 
     section by reason of paragraphs (1) and (2) of subsection 
     (a).''.
       (c) Qualifying Heating Conversion Expenditures.--Section 
     25C of the Internal Revenue Code of 1986 (relating to 
     residential energy property expenditures) is amended by 
     adding at the end the following new subsection:
       ``(h) Qualifying Heating Conversion Expenditures.--
       ``(1) In general.--The term `qualifying heating conversion 
     expenditures' means expenditures made by the taxpayer for 
     qualified heating conversion property which--
       ``(A) meets the requirements of subparagraphs (A) and (B) 
     of subsection (d)(1), and
       ``(B) is used as a heating or cooling system on a building 
     or structure located in a community (as determined under 
     section 19(a)(1) of the Rural Electrification Act of 1936) in 
     which the average residential expenditure for home energy is 
     more than 200 percent of the national average residential 
     expenditure for home energy (as determined by the Energy 
     Information Agency using the most recent data available).
       ``(2) Amounts included.--The term `qualifying heating 
     conversion expenditures' includes expenditures--
       ``(A) for labor costs properly allocable to the onsite 
     preparation, assembly, or original installation of property 
     described in paragraph (1), including fuel service connection 
     installation costs specifically related to fuel service to 
     the qualified energy property used in such conversion, and
       ``(B) the removal of the fuel oil equipment (including any 
     storage tank) for such a building or structure.
       ``(3) Exclusions.--Such term does not include expenditures 
     for soil cleanup.
       ``(4) Qualified heating conversion property.--For purposes 
     of paragraph (1), the term `qualified heating conversion 
     property' means property which--
       ``(A) is placed in service before January 1, 2019,
       ``(B) meets the performance and quality standards described 
     in subsection (d)(2)(B), and
       ``(C) is a product which qualifies under the Energy Star 
     program and meets the requirements for such property under 
     such program.''.
       (d) Conforming Amendment.--Subsection (g) of section 25C of 
     the Internal Revenue Code of 1986 (relating to termination) 
     is amended by striking ``This section'' and inserting 
     ``Paragraphs (1) and (2) of subsection (a)''.
       (e) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after the date of 
     the enactment of this Act.
                                 ______
                                 
  SA 2989. Mr. UDALL of New Mexico (for himself and Mr. Chambliss) 
submitted an amendment intended to be proposed by him to the bill S. 
2262, to promote energy savings in residential buildings and industry, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of title II, insert the following:

       Subtitle E--Smart Water Resource Management Pilot Program

     SEC. 241. SMART WATER RESOURCE MANAGEMENT PILOT PROGRAM.

       (a) Definitions.--In this section:
       (1) Eligible entity.--The term ``eligible entity'' means--
       (A) a utility;
       (B) a municipality;
       (C) a water district; and
       (D) any other authority that provides water, wastewater, or 
     water reuse services.
       (2) Smart water resource management pilot program.--The 
     term ``smart water resource management pilot program'' or 
     ``pilot program'' means the pilot program established under 
     subsection (b).
       (b) Smart Water Resource Management Pilot Program.--
       (1) In general.--The Secretary shall establish and carry 
     out a smart water resource management pilot program in 
     accordance with this section.
       (2) Purpose.--The purpose of the smart water resource 
     management pilot program is to award grants to eligible 
     entities to demonstrate novel and innovative technology-based 
     solutions that will--
       (A) increase the energy and water efficiency of water, 
     wastewater, and water reuse systems;
       (B) improve water, wastewater, and water reuse systems to 
     help communities across the United States make significant 
     progress in conserving water, saving energy, and reducing 
     costs; and
       (C) support the implementation of innovative processes and 
     the installation of advanced automated systems that provide 
     real-time data on energy and water.
       (3) Project selection.--
       (A) In general.--The Secretary shall make competitive, 
     merit-reviewed grants under the pilot program to not less 
     than 3, but not more than 5, eligible entities.
       (B) Selection criteria.--In selecting an eligible entity to 
     receive a grant under the pilot program, the Secretary shall 
     consider--
       (i) energy and cost savings;
       (ii) the novelty of the technology to be used;
       (iii) the degree to which the project integrates next-
     generation sensors, software, analytics, and management 
     tools;
       (iv) the anticipated cost-effectiveness of the pilot 
     project in terms of energy efficiency savings, water savings 
     or reuse, and infrastructure costs averted;
       (v) whether the technology can be deployed in a variety of 
     geographic regions and the degree to which the technology can 
     be implemented on a smaller or larger scale; and
       (vi) whether the project will be completed in 5 years or 
     less.
       (C) Applications.--
       (i) In general.--Subject to clause (ii), an eligible entity 
     seeking a grant under the pilot program shall submit to the 
     Secretary an application at such time, in such manner, and 
     containing such information as the Secretary determines to be 
     necessary.
       (ii) Contents.--An application under clause (i) shall, at a 
     minimum, include--

       (I) a description of the project;
       (II) a description of the technology to be used in the 
     project;
       (III) the anticipated results, including energy and water 
     savings, of the project;
       (IV) a comprehensive budget for the project;
       (V) the names of the project lead organization and any 
     partners;

[[Page S2725]]

       (VI) the number of users to be served by the project; and
       (VII) any other information that the Secretary determines 
     to be necessary to complete the review and selection of a 
     grant recipient.

       (4) Administration.--
       (A) In general.--Not later than 300 days after the date of 
     enactment of this Act, the Secretary shall select grant 
     recipients under this section.
       (B) Evaluations.--The Secretary shall annually carry out an 
     evaluation of each project for which a grant is provided 
     under this section that--
       (i) evaluates the progress and impact of the project; and
       (ii) assesses the degree to which the project is meeting 
     the goals of the pilot program.
       (C) Technical and policy assistance.--On the request of a 
     grant recipient, the Secretary shall provide technical and 
     policy assistance.
       (D) Best practices.--The Secretary shall make available to 
     the public--
       (i) a copy of each evaluation carried out under 
     subparagraph (B); and
       (ii) a description of any best practices identified by the 
     Secretary as a result of those evaluations.
       (E) Report to congress.--The Secretary shall submit to 
     Congress a report containing the results of each evaluation 
     carried out under subparagraph (B).
       (c) Funding.--
       (1) In general.--The Secretary shall use not less than 
     $7,500,000 of amounts made available to the Secretary to 
     carry out this section.
       (2) Prioritization.--In funding activities under this 
     section, the Secretary shall prioritize funding in the 
     following manner:
       (A) Any unobligated amounts made available to the Secretary 
     to carry out energy efficiency and renewable energy 
     activities.
       (B) Any unobligated amounts (other than those described in 
     subparagraph (A)) made available to the Secretary.
                                 ______
                                 
  SA 2990. Mr. BARRASSO submitted an amendment intended to be proposed 
by him to the bill S. 2262, to promote energy savings in residential 
buildings and industry, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end of the bill, add the following:

              DIVISION B--INDIAN TRIBAL ENERGY DEVELOPMENT

     SEC. 2001. SHORT TITLE.

       This division may be cited as the ``Indian Tribal Energy 
     Development and Self-Determination Act Amendments of 2014''.

TITLE XXI--INDIAN TRIBAL ENERGY DEVELOPMENT AND SELF-DETERMINATION ACT 
                               AMENDMENTS

     SEC. 2101. INDIAN TRIBAL ENERGY RESOURCE DEVELOPMENT.

       (a) In General.--Section 2602(a) of the Energy Policy Act 
     of 1992 (25 U.S.C. 3502(a)) is amended--
       (1) in paragraph (2)--
       (A) in subparagraph (C), by striking ``and'' after the 
     semicolon;
       (B) in subparagraph (D), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(E) consult with each applicable Indian tribe before 
     adopting or approving a well spacing program or plan 
     applicable to the energy resources of that Indian tribe or 
     the members of that Indian tribe.''; and
       (2) by adding at the end the following:
       ``(4) Planning.--
       ``(A) In general.--In carrying out the program established 
     by paragraph (1), the Secretary shall provide technical 
     assistance to interested Indian tribes to develop energy 
     plans, including--
       ``(i) plans for electrification;
       ``(ii) plans for oil and gas permitting, renewable energy 
     permitting, energy efficiency, electricity generation, 
     transmission planning, water planning, and other planning 
     relating to energy issues;
       ``(iii) plans for the development of energy resources and 
     to ensure the protection of natural, historic, and cultural 
     resources; and
       ``(iv) any other plans that would assist an Indian tribe in 
     the development or use of energy resources.
       ``(B) Cooperation.--In establishing the program under 
     paragraph (1), the Secretary shall work in cooperation with 
     the Office of Indian Energy Policy and Programs of the 
     Department of Energy.''.
       (b) Department of Energy Indian Energy Education Planning 
     and Management Assistance Program.--Section 2602(b)(2) of the 
     Energy Policy Act of 1992 (25 U.S.C. 3502(b)(2)) is amended--
       (1) in the matter preceding subparagraph (A), by inserting 
     ``, intertribal organization,'' after ``Indian tribe'';
       (2) by redesignating subparagraphs (C) and (D) as 
     subparagraphs (D) and (E), respectively; and
       (3) by inserting after subparagraph (B) the following:
       ``(C) activities to increase the capacity of Indian tribes 
     to manage energy development and energy efficiency 
     programs;''.
       (c) Department of Energy Loan Guarantee Program.--Section 
     2602(c) of the Energy Policy Act of 1992 (25 U.S.C. 3502(c)) 
     is amended--
       (1) in paragraph (1), by inserting ``or a tribal energy 
     development organization'' after ``Indian tribe'';
       (2) in paragraph (3)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``guarantee'' and inserting ``guaranteed'';
       (B) in subparagraph (A), by striking ``or'';
       (C) in subparagraph (B), by striking the period at the end 
     and inserting ``; or''; and
       (D) by adding at the end the following:
       ``(C) a tribal energy development organization, from funds 
     of the tribal energy development organization.''; and
       (3) in paragraph (5), by striking ``The Secretary of Energy 
     may'' and inserting ``Not later than 1 year after the date of 
     enactment of the Indian Tribal Energy Development and Self-
     Determination Act Amendments of 2014, the Secretary of Energy 
     shall''.

     SEC. 2102. INDIAN TRIBAL ENERGY RESOURCE REGULATION.

       Section 2603(c) of the Energy Policy Act of 1992 (25 U.S.C. 
     3503(c)) is amended--
       (1) in paragraph (1), by striking ``on the request of an 
     Indian tribe, the Indian tribe'' and inserting ``on the 
     request of an Indian tribe or a tribal energy development 
     organization, the Indian tribe or tribal energy development 
     organization''; and
       (2) in paragraph (2)(B), by inserting ``or tribal energy 
     development organization'' after ``Indian tribe''.

     SEC. 2103. TRIBAL ENERGY RESOURCE AGREEMENTS.

       (a) Amendment.--Section 2604 of the Energy Policy Act of 
     1992 (25 U.S.C. 3504) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by striking ``or'' after the 
     semicolon at the end;
       (ii) in subparagraph (B)--

       (I) by striking clause (i) and inserting the following:

       ``(i) an electric production, generation, transmission, or 
     distribution facility (including a facility that produces 
     electricity from renewable energy resources) located on 
     tribal land; or''; and

       (II) in clause (ii)--

       (aa) by inserting ``, at least a portion of which have 
     been'' after ``energy resources'';
       (bb) by inserting ``or produced from'' after ``developed 
     on''; and
       (cc) by striking ``and'' after the semicolon at the end and 
     inserting ``or''; and
       (iii) by adding at the end the following:
       ``(C) pooling, unitization, or communitization of the 
     energy mineral resources of the Indian tribe located on 
     tribal land with any other energy mineral resource (including 
     energy mineral resources owned by the Indian tribe or an 
     individual Indian in fee, trust, or restricted status or by 
     any other persons or entities) if the owner of the resources 
     has consented or consents to the pooling, unitization, or 
     communitization of the other resources under any lease or 
     agreement; and''; and
       (B) by striking paragraph (2) and inserting the following:
       ``(2) a lease or business agreement described in paragraph 
     (1) shall not require review by, or the approval of, the 
     Secretary under section 2103 of the Revised Statutes (25 
     U.S.C. 81), or any other provision of law, if the lease or 
     business agreement--
       ``(A) was executed--
       ``(i) in accordance with the requirements of a tribal 
     energy resource agreement in effect under subsection (e) 
     (including the periodic review and evaluation of the 
     activities of the Indian tribe under the agreement, to be 
     conducted pursuant to subparagraphs (D) and (E) of subsection 
     (e)(2)); or
       ``(ii) by the Indian tribe and a tribal energy development 
     organization--

       ``(I) for which the Indian tribe has obtained certification 
     pursuant to subsection (h); and
       ``(II) the majority of the interest in which is, and 
     continues to be throughout the full term or renewal term (if 
     any) of the lease or business agreement, owned and controlled 
     by the Indian tribe (or the Indian tribe and 1 or more other 
     Indian tribes); and

       ``(B) has a term that does not exceed--
       ``(i) 30 years; or
       ``(ii) in the case of a lease for the production of oil 
     resources, gas resources, or both, 10 years and as long 
     thereafter as oil or gas is produced in paying quantities.'';
       (2) by striking subsection (b) and inserting the following:
       ``(b) Rights-of-Way.--An Indian tribe may grant a right-of-
     way over tribal land without review or approval by the 
     Secretary if the right-of-way--
       ``(1) serves--
       ``(A) an electric production, generation, transmission, or 
     distribution facility (including a facility that produces 
     electricity from renewable energy resources) located on 
     tribal land;
       ``(B) a facility located on tribal land that extracts, 
     produces, processes, or refines energy resources; or
       ``(C) the purposes, or facilitates in carrying out the 
     purposes, of any lease or agreement entered into for energy 
     resource development on tribal land; and
       ``(2) was executed--
       ``(A) in accordance with the requirements of a tribal 
     energy resource agreement in effect under subsection (e) 
     (including the periodic review and evaluation of the 
     activities of the Indian tribe under the agreement, to be 
     conducted pursuant to subparagraphs (D) and (E) of subsection 
     (e)(2)); or
       ``(B) by the Indian tribe and a tribal energy development 
     organization--
       ``(i) for which the Indian tribe has obtained certification 
     pursuant to subsection (h); and
       ``(ii) the majority of the interest in which is, and 
     continues to be throughout the full

[[Page S2726]]

     term or renewal term (if any) of the right-of-way, owned and 
     controlled by the Indian tribe (or the Indian tribe and 1 or 
     more other Indian tribes); and
       ``(3) has a term that does not exceed 30 years.'';
       (3) by striking subsection (d) and inserting the following:
       ``(d) Validity.--No lease or business agreement entered 
     into, or right-of-way granted, pursuant to this section shall 
     be valid unless the lease, business agreement, or right-of-
     way is authorized by subsection (a) or (b).'';
       (4) in subsection (e)--
       (A) in paragraph (2)--
       (i) by striking ``(2)(A)'' and all that follows through the 
     end of subparagraph (A) and inserting the following:
       ``(2) Procedure.--
       ``(A) Effective date.--
       ``(i) In general.--On the date that is 271 days after the 
     date on which the Secretary receives a tribal energy resource 
     agreement from an Indian tribe under paragraph (1), the 
     tribal energy resource agreement shall take effect, unless 
     the Secretary disapproves the tribal energy resource 
     agreement under subparagraph (B).
       ``(ii) Revised tribal energy resource agreement.--On the 
     date that is 91 days after the date on which the Secretary 
     receives a revised tribal energy resource agreement from an 
     Indian tribe under paragraph (4)(B), the revised tribal 
     energy resource agreement shall take effect, unless the 
     Secretary disapproves the revised tribal energy resource 
     agreement under subparagraph (B).'';
       (ii) in subparagraph (B)--

       (I) by striking ``(B)'' and all that follows through ``if--
     '' and inserting the following:

       ``(B) Disapproval.--The Secretary shall disapprove a tribal 
     energy resource agreement submitted pursuant to paragraph (1) 
     or (4)(B) only if--'';

       (II) by striking clause (i) and inserting the following:

       ``(i) the Secretary determines that the Indian tribe has 
     not demonstrated that the Indian tribe has sufficient 
     capacity to regulate the development of the specific 1 or 
     more energy resources identified for development under the 
     tribal energy resource agreement submitted by the Indian 
     tribe;'';

       (III) by redesignating clause (iii) as clause (iv) and 
     indenting appropriately;
       (IV) by striking clause (ii) and inserting the following:

       ``(ii) a provision of the tribal energy resource agreement 
     would violate applicable Federal law (including regulations) 
     or a treaty applicable to the Indian tribe;
       ``(iii) the tribal energy resource agreement does not 
     include 1 or more provisions required under subparagraph (D); 
     or''; and

       (V) in clause (iv) (as redesignated by subclause (III))--

       (aa) in the matter preceding subclause (I), by striking 
     ``includes'' and all that follows through ``section--'' and 
     inserting ``does not include provisions that, with respect to 
     any lease, business agreement, or right-of-way to which the 
     tribal energy resource agreement applies--''; and
       (bb) in subclause (XVI)(bb), by striking ``or tribal'';
       (iii) in subparagraph (C)--

       (I) in the matter preceding clause (i), by inserting ``the 
     approval of'' after ``with respect to'';
       (II) by striking clause (ii) and inserting the following:

       ``(ii) the identification of mitigation measures, if any, 
     that, in the discretion of the Indian tribe, the Indian tribe 
     might propose for incorporation into the lease, business 
     agreement, or right-of-way;'';

       (III) in clause (iii)(I), by striking ``proposed action'' 
     and inserting ``approval of the lease, business agreement, or 
     right-of-way'';
       (IV) in clause (iv), by striking ``and'' at the end;
       (V) in clause (v), by striking the period at the end and 
     inserting ``; and''; and
       (VI) by adding at the end the following:

       ``(vi) the identification of specific classes or categories 
     of actions, if any, determined by the Indian tribe not to 
     have significant environmental effects.'';
       (iv) in subparagraph (D)(ii), by striking ``subparagraph 
     (B)(iii)(XVI)'' and inserting ``subparagraph (B)(iv)(XV)''; 
     and
       (v) by adding at the end the following:
       ``(F) A tribal energy resource agreement that takes effect 
     pursuant to this subsection shall remain in effect to the 
     extent any provision of the tribal energy resource agreement 
     is consistent with applicable Federal law (including 
     regulations), unless the tribal energy resource agreement 
     is--
       ``(i) rescinded by the Secretary pursuant to paragraph 
     (7)(D)(iii)(II); or
       ``(ii) voluntarily rescinded by the Indian tribe pursuant 
     to the regulations promulgated under paragraph (8)(B) (or 
     successor regulations).
       ``(G)(i) The Secretary shall make a capacity determination 
     under subparagraph (B)(i) not later than 120 days after the 
     date on which the Indian tribe submits to the Secretary the 
     tribal energy resource agreement of the Indian tribe pursuant 
     to paragraph (1), unless the Secretary and the Indian tribe 
     mutually agree to an extension of the time period for making 
     the determination.
       ``(ii) Any determination that the Indian tribe lacks the 
     requisite capacity shall be treated as a disapproval under 
     paragraph (4) and, not later than 10 days after the date of 
     the determination, the Secretary shall provide to the Indian 
     tribe--
       ``(I) a detailed, written explanation of each reason for 
     the determination; and
       ``(II) a description of the steps that the Indian tribe 
     should take to demonstrate sufficient capacity.
       ``(H) Notwithstanding any other provision of this section, 
     an Indian tribe shall be considered to have demonstrated 
     sufficient capacity under subparagraph (B)(i) to regulate the 
     development of the specific 1 or more energy resources of the 
     Indian tribe identified for development under the tribal 
     energy resource agreement submitted by the Indian tribe 
     pursuant to paragraph (1) if--
       ``(i) the Secretary determines that--

       ``(I) the Indian tribe has carried out a contract or 
     compact under title I or IV of the Indian Self-Determination 
     and Education Assistance Act (25 U.S.C. 450 et seq.); and
       ``(II) for a period of not less than 3 consecutive years 
     ending on the date on which the Indian tribe submits the 
     tribal energy resource agreement of the Indian tribe pursuant 
     to paragraph (1) or (4)(B), the contract or compact--

       ``(aa) has been carried out by the Indian tribe without 
     material audit exceptions (or without any material audit 
     exceptions that were not corrected within the 3-year period); 
     and
       ``(bb) has included programs or activities relating to the 
     management of tribal land; or
       ``(ii) the Secretary fails to make the determination within 
     the time allowed under subparagraph (G)(i) (including any 
     extension of time agreed to under that subparagraph).'';
       (B) in paragraph (4), by striking ``date of disapproval'' 
     and all that follows through the end of subparagraph (C) and 
     inserting the following: ``date of disapproval, provide the 
     Indian tribe with--
       ``(A) a detailed, written explanation of--
       ``(i) each reason for the disapproval; and
       ``(ii) the revisions or changes to the tribal energy 
     resource agreement necessary to address each reason; and
       ``(B) an opportunity to revise and resubmit the tribal 
     energy resource agreement.'';
       (C) in paragraph (6)--
       (i) in subparagraph (B)--

       (I) by striking ``(B) Subject to'' and inserting the 
     following:

       ``(B) Subject only to''; and

       (II) by striking ``subparagraph (D)'' and inserting 
     ``subparagraphs (C) and (D)'';

       (ii) in subparagraph (C), in the matter preceding clause 
     (i), by inserting ``to perform the obligations of the 
     Secretary under this section and'' before ``to ensure''; and
       (iii) in subparagraph (D), by adding at the end the 
     following:
       ``(iii) Nothing in this section absolves, limits, or 
     otherwise affects the liability, if any, of the United States 
     for any--

       ``(I) term of any lease, business agreement, or right-of-
     way under this section that is not a negotiated term; or
       ``(II) losses that are not the result of a negotiated term, 
     including losses resulting from the failure of the Secretary 
     to perform an obligation of the Secretary under this 
     section.''; and

       (D) in paragraph (7)--
       (i) in subparagraph (A), by striking ``has demonstrated'' 
     and inserting ``the Secretary determines has demonstrated 
     with substantial evidence'';
       (ii) in subparagraph (B), by striking ``any tribal remedy'' 
     and inserting ``all remedies (if any) provided under the laws 
     of the Indian tribe'';
       (iii) in subparagraph (D)--

       (I) in clause (i), by striking ``determine'' and all that 
     follows through the end of the clause and inserting the 
     following: ``determine--
       ``(I) whether the petitioner is an interested party; and
       ``(II) if the petitioner is an interested party, whether 
     the Indian tribe is not in compliance with the tribal energy 
     resource agreement as alleged in the petition.'';
       (II) in clause (ii), by striking ``determination'' and 
     inserting ``determinations''; and
       (III) in clause (iii), in the matter preceding subclause 
     (I) by striking ``agreement'' the first place it appears and 
     all that follows through ``, including'' and inserting 
     ``agreement pursuant to clause (i), the Secretary shall only 
     take such action as the Secretary determines necessary to 
     address the claims of noncompliance made in the petition, 
     including'';

       (iv) in subparagraph (E)(i), by striking ``the manner in 
     which'' and inserting ``, with respect to each claim made in 
     the petition, how''; and
       (v) by adding at the end the following:
       ``(G) Notwithstanding any other provision of this 
     paragraph, the Secretary shall dismiss any petition from an 
     interested party that has agreed with the Indian tribe to a 
     resolution of the claims presented in the petition of that 
     party.'';
       (5) by redesignating subsection (g) as subsection (j); and
       (6) by inserting after subsection (f) the following:
       ``(g) Financial Assistance in Lieu of Activities by the 
     Secretary.--
       ``(1) In general.--Any amounts that the Secretary would 
     otherwise expend to operate or carry out any program, 
     function, service, or activity (or any portion of a program, 
     function, service, or activity) of the Department that, as a 
     result of an Indian tribe carrying out activities under a 
     tribal energy resource agreement, the Secretary does not 
     expend, the Secretary shall, at the request of

[[Page S2727]]

     the Indian tribe, make available to the Indian tribe in 
     accordance with this subsection.
       ``(2) Annual funding agreements.--The Secretary shall make 
     the amounts described in paragraph (1) available to an Indian 
     tribe through an annual written funding agreement that is 
     negotiated and entered into with the Indian tribe that is 
     separate from the tribal energy resource agreement.
       ``(3) Effect of appropriations.--Notwithstanding paragraph 
     (1)--
       ``(A) the provision of amounts to an Indian tribe under 
     this subsection is subject to the availability of 
     appropriations; and
       ``(B) the Secretary shall not be required to reduce amounts 
     for programs, functions, services, or activities that serve 
     any other Indian tribe to make amounts available to an Indian 
     tribe under this subsection.
       ``(4) Determination.--
       ``(A) In general.--The Secretary shall calculate the 
     amounts under paragraph (1) in accordance with the 
     regulations adopted under section 2103(b) of the Indian 
     Tribal Energy Development and Self-Determination Act 
     Amendments of 2014.
       ``(B) Applicability.--The effective date or implementation 
     of a tribal energy resource agreement under this section 
     shall not be delayed or otherwise affected by--
       ``(i) a delay in the promulgation of regulations under 
     section 2103(b) of the Indian Tribal Energy Development and 
     Self-Determination Act Amendments of 2014;
       ``(ii) the period of time needed by the Secretary to make 
     the calculation required under paragraph (1); or
       ``(iii) the adoption of a funding agreement under paragraph 
     (2).
       ``(h) Certification of Tribal Energy Development 
     Organization.--
       ``(1) In general.--Not later than 90 days after the date on 
     which an Indian tribe submits an application for 
     certification of a tribal energy development organization in 
     accordance with regulations promulgated under section 2103(b) 
     of the Indian Tribal Energy Development and Self-
     Determination Act Amendments of 2014, the Secretary shall 
     approve or disapprove the application.
       ``(2) Requirements.--The Secretary shall approve an 
     application for certification if--
       ``(A)(i) the Indian tribe has carried out a contract or 
     compact under title I or IV of the Indian Self-Determination 
     and Education Assistance Act (25 U.S.C. 450 et seq.); and
       ``(ii) for a period of not less than 3 consecutive years 
     ending on the date on which the Indian tribe submits the 
     application, the contract or compact--
       ``(I) has been carried out by the Indian tribe without 
     material audit exceptions (or without any material audit 
     exceptions that were not corrected within the 3-year period); 
     and
       ``(II) has included programs or activities relating to the 
     management of tribal land; and
       ``(B)(i) the tribal energy development organization is 
     organized under the laws of the Indian tribe and subject to 
     the jurisdiction and authority of the Indian tribe;
       ``(ii) the majority of the interest in the tribal energy 
     development organization is owned and controlled by the 
     Indian tribe (or the Indian tribe and 1 or more other Indian 
     tribes); and
       ``(iii) the organizing document of the tribal energy 
     development organization requires that the Indian tribe (or 
     the Indian tribe and 1 or more other Indian tribes) own and 
     control at all times a majority of the interest in the tribal 
     energy development organization.
       ``(3) Action by secretary.--If the Secretary approves an 
     application for certification pursuant to paragraph (2), the 
     Secretary shall, not more than 10 days after making the 
     determination--
       ``(A) issue a certification stating that--
       ``(i) the tribal energy development organization is 
     organized under the laws of the Indian tribe and subject to 
     the jurisdiction and authority of the Indian tribe;
       ``(ii) the majority of the interest in the tribal energy 
     development organization is owned and controlled by the 
     Indian tribe (or the Indian tribe and 1 or more other Indian 
     tribes);
       ``(iii) the organizing document of the tribal energy 
     development organization requires that the Indian tribe (or 
     the Indian tribe and 1 or more other Indian tribes) own and 
     control at all times a majority of the interest in the tribal 
     energy development organization; and
       ``(iv) the certification is issued pursuant this 
     subsection;
       ``(B) deliver a copy of the certification to the Indian 
     tribe; and
       ``(C) publish the certification in the Federal Register.
       ``(i) Sovereign Immunity.--Nothing in this section waives 
     the sovereign immunity of an Indian tribe.''.
       (b) Regulations.--Not later than 1 year after the date of 
     enactment of the Indian Tribal Energy Development and Self-
     Determination Act Amendments of 2014, the Secretary shall 
     promulgate or update any regulations that are necessary to 
     implement this section, including provisions to implement--
       (1) section 2604(g) of the Energy Policy Act of 1992 (25 
     U.S.C. 3504(g)) including the manner in which the Secretary, 
     at the request of an Indian tribe, shall--
       (A) identify the programs, functions, services, and 
     activities (or any portions of programs, functions, services, 
     or activities) that the Secretary will not have to operate or 
     carry out as a result of the Indian tribe carrying out 
     activities under a tribal energy resource agreement;
       (B) identify the amounts that the Secretary would have 
     otherwise expended to operate or carry out each program, 
     function, service, and activity (or any portion of a program, 
     function, service, or activity) identified pursuant to 
     subparagraph (A); and
       (C) provide to the Indian tribe a list of the programs, 
     functions, services, and activities (or any portions of 
     programs, functions, services, or activities) identified 
     pursuant subparagraph (A) and the amounts associated with 
     each program, function, service, and activity (or any portion 
     of a program, function, service, or activity) identified 
     pursuant to subparagraph (B); and
       (2) section 2604(h) of the Energy Policy Act of 1992 (25 
     U.S.C. 3504(h)), including the process to be followed by, and 
     any applicable criteria and documentation required for, an 
     Indian tribe to request and obtain the certification 
     described in that section.

     SEC. 2104. TECHNICAL ASSISTANCE FOR INDIAN TRIBAL 
                   GOVERNMENTS.

       Section 2602(b) of the Energy Policy Act of 1992 (25 U.S.C. 
     3502(b)) is amended--
       (1) by redesignating paragraphs (3) through (6) as 
     paragraphs (4) through (7), respectively; and
       (2) by inserting after paragraph (2) the following:
       ``(3) Technical and scientific resources.--In addition to 
     providing grants to Indian tribes under this subsection, the 
     Secretary shall collaborate with the Directors of the 
     National Laboratories in making the full array of technical 
     and scientific resources of the Department of Energy 
     available for tribal energy activities and projects.''.

     SEC. 2105. CONFORMING AMENDMENTS.

       (a) Definition of Tribal Energy Development Organization.--
     Section 2601 of the Energy Policy Act of 1992 (25 U.S.C. 
     3501) is amended by striking paragraph (11) and inserting the 
     following:
       ``(11) The term `tribal energy development organization' 
     means--
       ``(A) any enterprise, partnership, consortium, corporation, 
     or other type of business organization that is engaged in the 
     development of energy resources and is wholly owned by an 
     Indian tribe (including an organization incorporated pursuant 
     to section 17 of the Indian Reorganization Act of 1934 (25 
     U.S.C. 477) or section 3 of the Act of June 26, 1936 (25 
     U.S.C. 503) (commonly known as the `Oklahoma Indian Welfare 
     Act')); or
       ``(B) any organization of 2 or more entities, at least 1 of 
     which is an Indian tribe, that has the written consent of the 
     governing bodies of all Indian tribes participating in the 
     organization to apply for a grant, loan, or other assistance 
     under section 2602 or to enter into a lease or business 
     agreement with, or acquire a right-of-way from, an Indian 
     tribe pursuant to subsection (a)(2)(A)(ii) or (b)(2)(B) of 
     section 2604.''.
       (b) Indian Tribal Energy Resource Development.--Section 
     2602 of the Energy Policy Act of 1992 (25 U.S.C. 3502) is 
     amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``tribal energy resource 
     development organizations'' and inserting ``tribal energy 
     development organizations''; and
       (B) in paragraph (2), by striking ``tribal energy resource 
     development organizations'' each place it appears and 
     inserting ``tribal energy development organizations''; and
       (2) in subsection (b)(2), by striking ``tribal energy 
     resource development organization'' and inserting ``tribal 
     energy development organization''.
       (c) Wind and Hydropower Feasibility Study.--Section 
     2606(c)(3) of the Energy Policy Act of 1992 (25 U.S.C. 
     3506(c)(3)) is amended by striking ``energy resource 
     development'' and inserting ``energy development''.
       (d) Conforming Amendments.--Section 2604(e) of the Energy 
     Policy Act of 1992 (25 U.S.C. 3504(e)) is amended--
       (1) in paragraph (1)--
       (A) by striking ``(1) On the date'' and inserting the 
     following:
       ``(1) In general.--On the date''; and
       (B) by striking ``for approval'';
       (2) in paragraph (2)(B)(iv) (as redesignated by section 
     2103(a)(4)(A)(ii)(III))--
       (A) in subclause (XIV), by inserting ``and'' after the 
     semicolon at the end;
       (B) by striking subclause (XV); and
       (C) by redesignating subclause (XVI) as subclause (XV);
       (3) in paragraph (3)--
       (A) by striking ``(3) The Secretary'' and inserting the 
     following:
       ``(3) Notice and comment; secretarial review.--The 
     Secretary''; and
       (B) by striking ``for approval'';
       (4) in paragraph (4), by striking ``(4) If the Secretary'' 
     and inserting the following:
       ``(4) Action in case of disapproval.--If the Secretary'';
       (5) in paragraph (5)--
       (A) by striking ``(5) If an Indian tribe'' and inserting 
     the following:
       ``(5) Provision of documents to secretary.--If an Indian 
     tribe''; and
       (B) in the matter preceding subparagraph (A), by striking 
     ``approved'' and inserting ``in effect'';
       (6) in paragraph (6)--
       (A) by striking ``(6)(A) In carrying out'' and inserting 
     the following:
       ``(6) Secretarial obligations and effect of section.--
       ``(A) In carrying out'';
       (B) in subparagraph (A), by indenting clauses (i) and (ii) 
     appropriately;

[[Page S2728]]

       (C) in subparagraph (B), by striking ``approved'' and 
     inserting ``in effect''; and
       (D) in subparagraph (D)--
       (i) in clause (i), by striking ``an approved tribal energy 
     resource agreement'' and inserting ``a tribal energy resource 
     agreement in effect under this section''; and
       (ii) in clause (ii), by striking ``approved by the 
     Secretary'' and inserting ``in effect''; and
       (7) in paragraph (7)--
       (A) by striking ``(7)(A) In this paragraph'' and inserting 
     the following:
       ``(7) Petitions by interested parties.--
       ``(A) In this paragraph'';
       (B) in subparagraph (A), by striking ``approved by the 
     Secretary'' and inserting ``in effect'';
       (C) in subparagraph (B), by striking ``approved by the 
     Secretary'' and inserting ``in effect''; and
       (D) in subparagraph (D)(iii)--
       (i) in subclause (I), by striking ``approved''; and
       (ii) in subclause (II)--

       (I) by striking ``approval of'' in the first place it 
     appears; and
       (II) by striking ``subsection (a) or (b)'' and inserting 
     ``subsection (a)(2)(A)(i) or (b)(2)(A)''.

                  TITLE XXII--MISCELLANEOUS AMENDMENTS

     SEC. 2201. ISSUANCE OF PRELIMINARY PERMITS OR LICENSES.

       (a) In General.--Section 7(a) of the Federal Power Act (16 
     U.S.C. 800(a)) is amended by striking ``States and 
     municipalities'' and inserting ``States, Indian tribes, and 
     municipalities''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall not affect--
       (1) any preliminary permit or original license issued 
     before the date of enactment of the Indian Tribal Energy 
     Development and Self-Determination Act Amendments of 2014; or
       (2) an application for an original license, if the 
     Commission has issued a notice accepting that application for 
     filing pursuant to section 4.32(d) of title 18, Code of 
     Federal Regulations (or successor regulations), before the 
     date of enactment of the Indian Tribal Energy Development and 
     Self-Determination Act Amendments of 2014.
       (c) Definition of Indian Tribe.--For purposes of section 
     7(a) of the Federal Power Act (16 U.S.C. 800(a)) (as amended 
     by subsection (a)), the term ``Indian tribe'' has the meaning 
     given the term in section 4 of the Indian Self-Determination 
     and Education Assistance Act (25 U.S.C. 450b).

     SEC. 2202. TRIBAL BIOMASS DEMONSTRATION PROJECT.

       (a) Purpose.--The purpose of this section is to establish a 
     biomass demonstration project for federally recognized Indian 
     tribes and Alaska Native corporations to promote biomass 
     energy production.
       (b) Tribal Biomass Demonstration Project.--The Tribal 
     Forest Protection Act of 2004 (Public Law 108-278; 118 Stat. 
     868) is amended--
       (1) in section 2(a), by striking ``In this section'' and 
     inserting ``In this Act''; and
       (2) by adding at the end the following:

     ``SEC. 3. TRIBAL BIOMASS DEMONSTRATION PROJECT.

       ``(a) Stewardship Contracts or Similar Agreements.--For 
     each of fiscal years 2015 through 2019, the Secretary shall 
     enter into stewardship contracts or similar agreements 
     (excluding direct service contracts) with Indian tribes to 
     carry out demonstration projects to promote biomass energy 
     production (including biofuel, heat, and electricity 
     generation) on Indian forest land and in nearby communities 
     by providing reliable supplies of woody biomass from Federal 
     land.
       ``(b) Demonstration Projects.--In each fiscal year for 
     which projects are authorized, at least 4 new demonstration 
     projects that meet the eligibility criteria described in 
     subsection (c) shall be carried out under contracts or 
     agreements described in subsection (a).
       ``(c) Eligibility Criteria.--To be eligible to enter into a 
     contract or agreement under this section, an Indian tribe 
     shall submit to the Secretary an application--
       ``(1) containing such information as the Secretary may 
     require; and
       ``(2) that includes a description of--
       ``(A) the Indian forest land or rangeland under the 
     jurisdiction of the Indian tribe; and
       ``(B) the demonstration project proposed to be carried out 
     by the Indian tribe.
       ``(d) Selection.--In evaluating the applications submitted 
     under subsection (c), the Secretary shall--
       ``(1) take into consideration--
       ``(A) the factors set forth in paragraphs (1) and (2) of 
     section 2(e); and
       ``(B) whether a proposed project would--
       ``(i) increase the availability or reliability of local or 
     regional energy;
       ``(ii) enhance the economic development of the Indian 
     tribe;
       ``(iii) result in or improve the connection of electric 
     power transmission facilities serving the Indian tribe with 
     other electric transmission facilities;
       ``(iv) improve the forest health or watersheds of Federal 
     land or Indian forest land or rangeland;
       ``(v) demonstrate new investments in infrastructure; or
       ``(vi) otherwise promote the use of woody biomass; and
       ``(2) exclude from consideration any merchantable logs that 
     have been identified by the Secretary for commercial sale.
       ``(e) Implementation.--The Secretary shall--
       ``(1) ensure that the criteria described in subsection (c) 
     are publicly available by not later than 120 days after the 
     date of enactment of this section; and
       ``(2) to the maximum extent practicable, consult with 
     Indian tribes and appropriate intertribal organizations 
     likely to be affected in developing the application and 
     otherwise carrying out this section.
       ``(f) Report.--Not later than September 20, 2017, the 
     Secretary shall submit to Congress a report that describes, 
     with respect to the reporting period--
       ``(1) each individual tribal application received under 
     this section; and
       ``(2) each contract and agreement entered into pursuant to 
     this section.
       ``(g) Incorporation of Management Plans.--In carrying out a 
     contract or agreement under this section, on receipt of a 
     request from an Indian tribe, the Secretary shall incorporate 
     into the contract or agreement, to the maximum extent 
     practicable, management plans (including forest management 
     and integrated resource management plans) in effect on the 
     Indian forest land or rangeland of the respective Indian 
     tribe.
       ``(h) Term.--A contract or agreement entered into under 
     this section--
       ``(1) shall be for a term of not more than 20 years; and
       ``(2) may be renewed in accordance with this section for 
     not more than an additional 10 years.''.
       (c) Alaska Native Corporation Biomass Demonstration 
     Project.--
       (1) Definitions.--In this subsection:
       (A) Alaska native corporation.--The term ``Alaska Native 
     corporation'' has the meaning given the term ``Native 
     Corporation'' in section 3 of the Alaska Native Claims 
     Settlement Act (43 U.S.C. 1602).
       (B) Federal land.--The term ``Federal land'' means--
       (i) land of the National Forest System (as defined in 
     section 11(a) of the Forest and Rangeland Renewable Resources 
     Planning Act of 1974 (16 U.S.C. 1609(a))) administered by the 
     Secretary of Agriculture, acting through the Chief of the 
     Forest Service; and
       (ii) public lands (as defined in section 103 of the Federal 
     Land Policy Management Act of 1976 (43 U.S.C. 1702)), the 
     surface of which is administered by the Secretary of the 
     Interior, acting through the Director of the Bureau of Land 
     Management.
       (C) Forest land.--The term ``forest land'' means land 
     that--
       (i) is conveyed to an Alaska Native corporation pursuant to 
     the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
     seq.); and
       (ii)(I) is considered chiefly valuable for the production 
     of forest products or to maintain watershed or other land 
     values enhanced by a forest cover (including commercial and 
     noncommercial timberland and woodland), regardless of whether 
     a formal inspection and land classification action has been 
     taken; or
       (II) formerly had a forest or vegetative cover that is 
     capable of restoration.
       (D) Secretary.--The term ``Secretary'' means--
       (i) the Secretary of Agriculture, with respect to land 
     under the jurisdiction of the Forest Service; and
       (ii) the Secretary of the Interior, with respect to land 
     under the jurisdiction of the Bureau of Land Management.
       (2) Agreements.--For each of fiscal years 2015 through 
     2019, the Secretary shall enter into a stewardship contract 
     or similar agreement (excluding a direct service contract) 
     with 1 or more Alaska Native corporations to carry out a 
     demonstration project to promote biomass energy production 
     (including biofuel, heat, and electricity generation) on 
     forest land of the Alaska Native corporations and in nearby 
     communities by providing reliable supplies of woody biomass 
     from Federal land.
       (3) Demonstration projects.--In each fiscal year for which 
     projects are authorized, at least 1 new demonstration project 
     that meets the eligibility criteria described in paragraph 
     (4) shall be carried out under contracts or agreements 
     described in paragraph (2).
       (4) Eligibility criteria.--To be eligible to enter into a 
     contract or agreement under this subsection, an Alaska Native 
     corporation shall submit to the Secretary an application--
       (A) containing such information as the Secretary may 
     require; and
       (B) that includes a description of--
       (i) the forest land or rangeland under the jurisdiction of 
     the Alaska Native corporation; and
       (ii) the demonstration project proposed to be carried out 
     by the Alaska Native corporation.
       (5) Selection.--In evaluating the applications submitted 
     under paragraph (4), the Secretary shall--
       (A) take into consideration whether a proposed project 
     would--
       (i) increase the availability or reliability of local or 
     regional energy;
       (ii) enhance the economic development of the Alaska Native 
     corporation;
       (iii) result in or improve the connection of electric power 
     transmission facilities serving the Alaska Native corporation 
     with other electric transmission facilities;
       (iv) improve the forest health or watersheds of Federal 
     land or Alaska Native corporation forest land or rangeland;

[[Page S2729]]

       (v) demonstrate new investments in infrastructure; or
       (vi) otherwise promote the use of woody biomass; and
       (B) exclude from consideration any merchantable logs that 
     have been identified by the Secretary for commercial sale.
       (6) Implementation.--The Secretary shall--
       (A) ensure that the criteria described in paragraph (4) are 
     publicly available by not later than 120 days after the date 
     of enactment of this subsection; and
       (B) to the maximum extent practicable, consult with Alaska 
     Native corporations and appropriate Alaska Native 
     organizations likely to be affected in developing the 
     application and otherwise carrying out this subsection.
       (7) Report.--Not later than September 20, 2017, the 
     Secretary shall submit to Congress a report that describes, 
     with respect to the reporting period--
       (A) each individual application received under this 
     subsection; and
       (B) each contract and agreement entered into pursuant to 
     this subsection.
       (8) Term.--A contract or agreement entered into under this 
     subsection--
       (A) shall be for a term of not more than 20 years; and
       (B) may be renewed in accordance with this subsection for 
     not more than an additional 10 years.

     SEC. 2203. WEATHERIZATION PROGRAM.

       Section 413(d) of the Energy Conservation and Production 
     Act (42 U.S.C. 6863(d)) is amended--
       (1) by striking paragraph (1) and inserting the following:
       ``(1) Reservation of amounts.--
       ``(A) In general.--Subject to subparagraph (B) and 
     notwithstanding any other provision of this part, the 
     Secretary shall reserve from amounts that would otherwise be 
     allocated to a State under this part not less than 100 
     percent, but not more than 150 percent, of an amount which 
     bears the same proportion to the allocation of that State for 
     the applicable fiscal year as the population of all low-
     income members of an Indian tribe in that State bears to the 
     population of all low-income individuals in that State.
       ``(B) Restrictions.--Subparagraph (A) shall apply only if--
       ``(i) the tribal organization serving the low-income 
     members of the applicable Indian tribe requests that the 
     Secretary make a grant directly; and
       ``(ii) the Secretary determines that the low-income members 
     of the applicable Indian tribe would be equally or better 
     served by making a grant directly than a grant made to the 
     State in which the low-income members reside.'';
       (2) in paragraph (2)--
       (A) by striking ``The sums'' and inserting 
     ``Administration.--The amounts'';
       (B) by striking ``on the basis of his determination'';
       (C) by striking ``individuals for whom such a determination 
     has been made'' and inserting ``low-income members of the 
     Indian tribe''; and
       (D) by striking ``he'' and inserting ``the Secretary''; and
       (3) in paragraph (3), by striking ``In order'' and 
     inserting ``Application.--In order''.

     SEC. 2204. APPRAISALS.

       (a) In General.--Title XXVI of the Energy Policy Act of 
     1992 (25 U.S.C. 3501 et seq.) is amended by adding at the end 
     the following:

     ``SEC. 2607. APPRAISALS.

       ``(a) In General.--For any transaction that requires 
     approval of the Secretary and involves mineral or energy 
     resources held in trust by the United States for the benefit 
     of an Indian tribe or by an Indian tribe subject to Federal 
     restrictions against alienation, any appraisal relating to 
     fair market value of those resources required to be prepared 
     under applicable law may be prepared by--
       ``(1) the Secretary;
       ``(2) the affected Indian tribe; or
       ``(3) a certified, third-party appraiser pursuant to a 
     contract with the Indian tribe.
       ``(b) Secretarial Review and Approval.--Not later than 45 
     days after the date on which the Secretary receives an 
     appraisal prepared by or for an Indian tribe under paragraph 
     (2) or (3) of subsection (a), the Secretary shall--
       ``(1) review the appraisal; and
       ``(2) approve the appraisal unless the Secretary determines 
     that the appraisal fails to meet the standards set forth in 
     regulations promulgated under subsection (d).
       ``(c) Notice of Disapproval.--If the Secretary determines 
     that an appraisal submitted for approval under subsection (b) 
     should be disapproved, the Secretary shall give written 
     notice of the disapproval to the Indian tribe and a 
     description of--
       ``(1) each reason for the disapproval; and
       ``(2) how the appraisal should be corrected or otherwise 
     cured to meet the applicable standards set forth in the 
     regulations promulgated under subsection (d).
       ``(d) Regulations.--The Secretary shall promulgate 
     regulations to carry out this section, including standards 
     the Secretary shall use for approving or disapproving the 
     appraisal described in subsection (a).''.

     SEC. 2205. LEASES OF RESTRICTED LANDS FOR NAVAJO NATION.

       (a) In General.--Subsection (e)(1) of the first section of 
     the Act of August 9, 1955 (commonly known as the ``Long-Term 
     Leasing Act'') (25 U.S.C. 415(e)(1)), is amended--
       (1) by striking ``, except a lease for'' and inserting ``, 
     including a lease for'';
       (2) by striking subparagraph (A) and inserting the 
     following:
       ``(A) in the case of a business or agricultural lease, 99 
     years;'';
       (3) in subparagraph (B), by striking the period at the end 
     and inserting ``; and''; and
       (4) by adding at the end the following:
       ``(C) in the case of a lease for the exploration, 
     development, or extraction of any mineral resource (including 
     geothermal resources), 25 years, except that--
       ``(i) any such lease may include an option to renew for 1 
     additional term of not to exceed 25 years; and
       ``(ii) any such lease for the exploration, development, or 
     extraction of an oil or gas resource shall be for a term of 
     not to exceed 10 years, plus such additional period as the 
     Navajo Nation determines to be appropriate in any case in 
     which an oil or gas resource is produced in a paying 
     quantity.''.
       (b) GAO Report.--Not later than 5 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall prepare and submit to Congress a report 
     describing the progress made in carrying out the amendment 
     made by subsection (a)(4).
                                 ______
                                 
  SA 2991. Mr. HOEVEN (for himself, Ms. Landrieu, Mr. McConnell, Ms. 
Murkowski, Mr. Begich, Mr. Portman, Mr. Pryor, Mr. Johnson of 
Wisconsin, Ms. Heitkamp, Mr. Wicker, Mr. Warner, Mr. Crapo, Mr. 
Donnelly, Mr. Thune, Mr. Walsh, Mr. Johanns, Mr. Manchin, Mr. Blunt, 
Mrs. McCaskill, Mr. Alexander, Mr. Tester, Mr. Inhofe, Mrs. Hagan, Mr. 
Flake, Mr. Roberts, Mr. Chambliss, Mr. Enzi, Mr. Toomey, Mr. Lee, Mr. 
Sessions, Mr. Scott, Mr. Coats, Mr. Cornyn, Mr. Kirk, Mr. Isakson, Mr. 
Grassley, Mr. Rubio, Mrs. Fischer, Mr. Coburn, Mr. McCain, Mr. Corker, 
Mr. Hatch, Mr. Cochran, Mr. Barrasso, Mr. Vitter, Mr. Risch, Mr. 
Boozman, Mr. Burr, Mr. Graham, Mr. Heller, Mr. Paul, Mr. Moran, Mr. 
Cruz, Mr. Shelby, Ms. Ayotte, and Ms. Collins) submitted an amendment 
intended to be proposed by him to the bill S. 2262, to promote energy 
savings in residential buildings and industry, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the beginning of title V, insert the following:

     SEC. 5__. KEYSTONE XL APPROVAL.

       (a) In General.--TransCanada Keystone Pipeline, L.P. may 
     construct, connect, operate, and maintain the pipeline and 
     cross-border facilities described in the application filed on 
     May 4, 2012, by TransCanada Corporation to the Department of 
     State (including any subsequent revision to the pipeline 
     route within the State of Nebraska required or authorized by 
     the State of Nebraska).
       (b) Environmental Impact Statement.--The Final Supplemental 
     Environmental Impact Statement issued by the Secretary of 
     State in January 2014, regarding the pipeline referred to in 
     subsection (a), and the environmental analysis, consultation, 
     and review described in that document (including appendices) 
     shall be considered to fully satisfy--
       (1) all requirements of the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.); and
       (2) any other provision of law that requires Federal agency 
     consultation or review (including the consultation or review 
     required under section 7(a) of the Endangered Species Act of 
     1973 (16 U.S.C. 1536(a))) with respect to the pipeline and 
     facilities referred to in subsection (a).
       (c) Permits.--Any Federal permit or authorization issued 
     before the date of enactment of this Act for the pipeline and 
     cross-border facilities referred to in subsection (a) shall 
     remain in effect.
       (d) Federal Judicial Review.--Any legal challenge to a 
     Federal agency action regarding the pipeline and cross-border 
     facilities described in subsection (a), and the related 
     facilities in the United States, that are approved by this 
     Act, 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.
       (e) Private Property Savings Clause.--Nothing in this Act 
     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 pipeline and cross-border facilities described 
     in subsection (a).
                                 ______
                                 
  SA 2992. Mr. TESTER (for himself and Mr. Heller) submitted an 
amendment intended to be proposed by him to the bill S. 2262, to 
promote energy savings in residential buildings and industry, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title IV, add the following:

          Subtitle F--Public Land Renewable Energy Development

     SEC. 451. SHORT TITLE.

       This subtitle may be cited as the ``Public Land Renewable 
     Energy Development Act of 2014''.

[[Page S2730]]

                       PART I--GEOTHERMAL ENERGY

     SEC. 461. EXTENSION OF FUNDING FOR IMPLEMENTATION OF 
                   GEOTHERMAL STEAM ACT OF 1970.

       (a) In General.--Section 234(a) of the Energy Policy Act of 
     2005 (42 U.S.C. 15873(a)) is amended by striking ``in the 
     first 5 fiscal years beginning after the date of enactment of 
     this Act'' and inserting ``through fiscal year 2020''.
       (b) Authorization.--Section 234(b) of the Energy Policy Act 
     of 2005 (42 U.S.C. 15873(b)) is amended--
       (1) by striking ``Amounts'' and inserting the following:
       ``(1) In general.--Amounts''; and
       (2) by adding at the end the following:
       ``(2) Authorization.--Effective for fiscal year 2015 and 
     each fiscal year thereafter, amounts deposited under 
     subsection (a) shall be available to the Secretary of the 
     Interior for expenditure, subject to appropriation and 
     without fiscal year limitation, to implement the Geothermal 
     Steam Act of 1970 (30 U.S.C. 1001 et seq.) and this Act.''.

      PART II--DEVELOPMENT OF SOLAR AND WIND ENERGY ON PUBLIC LAND

     SEC. 471. DEFINITIONS.

       In this part:
       (1) Covered land.--The term ``covered land'' means land 
     that is--
       (A)(i) public land administered by the Secretary; or
       (ii) National Forest System land administered by the 
     Secretary of Agriculture; and
       (B) not excluded from the development of solar or wind 
     energy under--
       (i) a land use plan established under the Federal Land 
     Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);
       (ii) a land use plan established under the National Forest 
     Management Act of 1976 (16 U.S.C. 1600 et seq.); or
       (iii) other law.
       (2) Pilot program.--The term ``pilot program'' means the 
     wind and solar leasing pilot program established under 
     section 473(a).
       (3) Public land.--The term ``public land'' has the meaning 
     given the term ``public lands'' in section 103 of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1702).
       (4) Secretaries.--The term ``Secretaries'' means--
       (A) in the case of public land administered by the 
     Secretary, the Secretary; and
       (B) in the case of National Forest System land administered 
     by the Secretary of Agriculture, the Secretary of 
     Agriculture.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 472. PROGRAMMATIC ENVIRONMENTAL IMPACT STATEMENTS AND 
                   LAND USE PLANNING.

       (a) National Forest System Land.--As soon as practicable 
     but not later than 2 years after the date of enactment of 
     this Act, the Secretary of Agriculture shall--
       (1) prepare and publish in the Federal Register a notice of 
     intent to prepare a programmatic environmental impact 
     statement in accordance with the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.) to analyze the 
     potential impacts of--
       (A) a program to develop solar and wind energy on National 
     Forest System land administered by the Secretary of 
     Agriculture; and
       (B) any necessary amendments to land use plans for the 
     land; and
       (2) amend any land use plans as appropriate to provide for 
     the development of renewable energy in areas considered 
     appropriate by the Secretary of Agriculture immediately on 
     completion of the programmatic environmental impact 
     statement.
       (b) Effect on Processing Applications.--The requirement for 
     completion of programmatic environmental impact statements 
     under this section shall not result in any delay in 
     processing or approving applications for wind or solar 
     development on National Forest System land.
       (c) Military Installations.--
       (1) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary of Defense, in 
     consultation with the Secretary of the Interior, shall 
     conduct a study, and prepare a report, for States that have 
     not completed the analysis that--
       (A) identifies locations on land withdrawn from the public 
     domain and reserved for military purposes that--
       (i) exhibit a high potential for solar, wind, geothermal, 
     or other renewable energy production;
       (ii) are disturbed or otherwise have comparatively low 
     value for other resources; and
       (iii) could be developed for renewable energy production in 
     a manner consistent with all present and reasonably 
     foreseeable military training and operational missions and 
     research, development, testing, and evaluation requirements; 
     and
       (B) describes the administration of public land withdrawn 
     for military purposes for the development of commercial-scale 
     renewable energy projects, including the legal authorities 
     governing authorization for that use.
       (2) Environmental impact analysis.--Not later than 1 year 
     after the completion of the study required by paragraph (1), 
     the Secretary of Defense, in consultation with the Secretary 
     of the Interior, shall prepare and publish in the Federal 
     Register a notice of intent to prepare an environmental 
     impact analysis document to support a program to develop 
     renewable energy on withdrawn military land identified in the 
     study as suitable for the production.
       (3) Reports.--On completion of the report, the Secretary 
     and the Secretary of Defense shall jointly submit the report 
     required by paragraph (1) to--
       (A) the Committee on Armed Services of the Senate;
       (B) the Committee on Energy and Natural Resources of the 
     Senate;
       (C) the Committee on Armed Services of the House of 
     Representatives; and
       (D) the Committee on Natural Resources of the House of 
     Representatives.

     SEC. 473. DEVELOPMENT OF SOLAR AND WIND ENERGY ON PUBLIC 
                   LAND.

       (a) Pilot Program.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall establish a wind 
     and solar leasing pilot program on covered land administered 
     by the Secretary.
       (2) Selection of sites.--
       (A) In general.--Not later than 90 days after the date the 
     pilot program is established under this subsection, the 
     Secretary shall (taking into consideration the multiple 
     resource values of the land) select 2 sites that are 
     appropriate for the development of a solar energy project, 
     and 2 sites that are appropriate for the development of a 
     wind energy project, on covered land administered by the 
     Secretary as part of the pilot program.
       (B) Site selection.--In carrying out subparagraph (A), the 
     Secretary shall seek to select sites--
       (i) for which there is likely to be a high level of 
     industry interest;
       (ii) that have a comparatively low value for other 
     resources; and
       (iii) that are representative of sites on which solar or 
     wind energy is likely to be developed on covered land.
       (C) Ineligible sites.--The Secretary shall not select as 
     part of the pilot program any site for which a notice of 
     intent has been issued.
       (3) Qualifications.--Prior to any lease sale, the Secretary 
     shall establish qualifications for bidders that ensure 
     bidders--
       (A) are able to expeditiously develop a wind or solar 
     energy project on the site for lease;
       (B) possess--
       (i) financial resources necessary to complete a project;
       (ii) knowledge of the applicable technology; and
       (iii) such other qualifications as are determined 
     appropriate by the Secretary; and
       (C) meet the eligibility requirements for leasing under the 
     first section of the Mineral Leasing Act (30 U.S.C. 181).
       (4) Lease sales.--
       (A) In general.--Except as provided in subparagraph 
     (D)(ii), not later than 180 days after the date sites are 
     selected under paragraph (2), the Secretary shall offer each 
     site for competitive leasing to qualified bidders under such 
     terms and conditions as are required by the Secretary.
       (B) Bidding systems.--
       (i) In general.--In offering the sites for lease, the 
     Secretary may vary the bidding systems to be used at each 
     lease sale, to ensure a fair return to the public, 
     including--

       (I) cash bonus bids with a requirement for payment of the 
     royalty established under this subtitle;
       (II) variable royalty bids based on a percentage of the 
     gross proceeds from the sale of electricity produced from the 
     lease, except that the royalty shall not be less than the 
     royalty required under this subtitle, together with a fixed 
     cash bonus; and
       (III) such other bidding system as ensures a fair return to 
     the public consistent with the royalty established under this 
     subtitle.

       (ii) Round.--The Secretary shall limit bidding to 1 round 
     in any lease sale.
       (iii) Expenditures.--In any case in which the land that is 
     subject to lease has 1 or more pending applications for the 
     development of wind or solar energy at the time of the lease 
     sale, the Secretary shall give credit toward any bid 
     submitted by the applicant for expenditures of the applicant 
     considered by the Secretary to be qualified and necessary for 
     the preparation of the application.
       (C) Revenues.--Bonus bids, royalties, rentals, fees, or 
     other payments collected by the Secretary under this section 
     shall be subject to section 474.
       (D) Lease terms.--
       (i) In general.--As part of the pilot program, the 
     Secretary may vary the length of the lease terms and 
     establish such other lease terms and conditions as the 
     Secretary considers appropriate.
       (ii) Data collection.--As part of the pilot program, the 
     Secretary shall--

       (I) offer on a noncompetitive basis on at least 1 site a 
     short-term lease for data collection; and
       (II) on the expiration of the short-term lease, offer on a 
     competitive basis a long-term lease, giving credit toward the 
     bonus bid to the holder of the short-term lease for any 
     qualified expenditures to collect data to develop the site 
     during the short-term lease.

       (5) Compliance with laws.--In offering for lease the 
     selected sites under paragraph (4), the Secretary shall 
     comply with all applicable environmental and other laws.
       (6) Report.--The Secretary shall--
       (A) compile a report of the results of each lease sale 
     under the pilot program, including--
       (i) the level of competitive interest;
       (ii) a summary of bids and revenues received; and
       (iii) any other factors that may have impacted the lease 
     sale process; and

[[Page S2731]]

       (B) not later than 90 days after the final lease sale, 
     submit to the Committee on Energy and Natural Resources of 
     the Senate and the Committee on Natural Resources of the 
     House of Representatives the report described in subparagraph 
     (A).
       (7) Rights-of-way.--During the pendency of the pilot 
     program, the Secretary shall continue to issue rights-of-way, 
     in compliance with authority in effect on the date of 
     enactment of this Act, for available sites not selected for 
     the pilot program.
       (b) Secretarial Determination.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Secretaries shall make a joint 
     determination on whether to establish a leasing program under 
     this section for wind or solar energy, or both, on all 
     covered land.
       (2) System.--If the Secretaries determine that a leasing 
     program should be established, the program shall apply to all 
     covered land in accordance with this subtitle and other 
     provisions of law applicable to public land or National 
     Forest System land.
       (3) Establishment.--The Secretaries shall establish a 
     leasing program unless the Secretaries determine that the 
     program--
       (A) is not in the public interest; and
       (B) does not provide an effective means of developing wind 
     or solar energy.
       (4) Consultation.--In making the determinations required 
     under this subsection, the Secretaries shall consult with--
       (A) the heads of other relevant Federal agencies;
       (B) interested States, Indian tribes, and local 
     governments;
       (C) representatives of the solar and wind industries;
       (D) representatives of the environment, conservation, and 
     outdoor sporting communities;
       (E) other users of the covered land; and
       (F) the public.
       (5) Considerations.--In making the determinations required 
     under this subsection, the Secretaries shall consider the 
     results of the pilot program.
       (6) Regulations.--Not later than 1 year after the date on 
     which any determination is made to establish a leasing 
     program, the Secretaries shall jointly promulgate final 
     regulations to implement the program.
       (7) Report.--If the Secretaries determine that a leasing 
     program should not be established, not later than 60 days 
     after the date of the determination, the Secretaries shall 
     jointly submit to the Committee on Energy and Natural 
     Resources of the Senate and the Committee on Natural 
     Resources of the House of Representatives a report describing 
     the basis and findings for the determination.
       (c) Transition.--
       (1) In general.--If the Secretaries determine under 
     subsection (b) that a leasing program should be established 
     for covered land, until the program is established and final 
     regulations for the program are issued--
       (A) the Secretary shall continue to accept applications for 
     rights-of-way on covered land, and provide for the issuance 
     of rights-of-way on covered land within the jurisdiction of 
     the Secretary for the development of wind or solar energy 
     pursuant to each requirement described in title V of the 
     Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1761 et seq.) and other applicable law; and
       (B) the Secretary of Agriculture shall continue to accept 
     applications for authorizations, and provide for the issuance 
     of the authorizations, for the development of wind or solar 
     energy on covered land within the jurisdiction of the 
     Secretary pursuant to applicable law.
       (2) Existing rights-of-way and authorizations.--
       (A) In general.--Effective beginning on the date on which 
     the wind or solar leasing programs are established and final 
     regulations are issued, the Secretaries shall not renew an 
     existing right-of-way or other authorization for wind or 
     solar energy development at the end of the term of the right-
     of-way or authorization.
       (B) Lease.--
       (i) In general.--Subject to clause (ii), at the end of the 
     term of the right-of-way or other authorization for the wind 
     or solar energy project, the Secretary or, in the case of 
     National Forest System land, the Secretary of Agriculture, 
     shall grant, without a competitive process, a lease to the 
     holder of the right-of-way or other authorization for the 
     same covered land as was authorized under the right-of-way or 
     other authorization if (as determined by the Secretary 
     concerned)--

       (I) the holder of the right-of-way or other authorization 
     has met the requirements of diligent development; and
       (II) issuance of the lease is in the public interest and 
     consistent with applicable law.

       (ii) Terms and conditions.--Any lease described in clause 
     (i) shall be subject to--

       (I) terms and conditions that are consistent with this 
     subtitle and the regulations issued under this subtitle; and
       (II) the regulations in effect on the date of renewal and 
     any other terms and conditions that the Secretary considers 
     necessary to protect the public interest.

       (3) Pending rights-of-way.--Effective beginning on the date 
     on which the wind or solar leasing programs are established 
     and final regulations for the programs are issued, the 
     Secretary or, with respect to National Forest System land, 
     the Secretary of Agriculture shall provide any applicant that 
     has filed a plan of development for a right-of-way or, in the 
     case of National Forest System land, for an applicable 
     authorization, for a wind or solar energy project with an 
     option to acquire a lease on a noncompetitive basis, under 
     such terms and conditions as are required by this subtitle, 
     applicable regulations, and the Secretary concerned, for the 
     same covered land included in the plan of development if--
       (A) the plan of development has been determined by the 
     Secretary concerned to be adequate for the initiation of 
     environmental review;
       (B) granting the lease is consistent with all applicable 
     land use planning, environmental, and other laws;
       (C) the applicant has made a good faith effort to obtain a 
     right-of-way or, in the case of National Forest System land, 
     other authorization, for the project; and
       (D) issuance of the lease is in the public interest.
       (d) Leasing Program.--If the Secretaries determine under 
     subsection (b) that a leasing program should be established, 
     the program shall be established in accordance with 
     subsections (e) through (k).
       (e) Competitive Leases.--
       (1) In general.--Except as provided in paragraph (2), 
     leases for wind or solar energy development under this 
     section shall be issued on a competitive basis with a single 
     round of bidding in any lease sale.
       (2) Exceptions.--Paragraph (1) shall not apply if the 
     Secretary or, with respect to National Forest System land, 
     the Secretary of Agriculture determines that--
       (A) no competitive interest exists for the covered land;
       (B) the public interest would not be served by the 
     competitive issuance of a lease;
       (C) the lease is for the placement and operation of a 
     meteorological or data collection facility or for the 
     development or demonstration of a new wind or solar 
     technology and has a term of not more than 5 years; or
       (D) the covered land is eligible to be granted a 
     noncompetitive lease under subsection (c).
       (f) Payments.--
       (1) In general.--The Secretaries shall jointly establish--
       (A) fees, rentals, bonuses, or other payments to ensure a 
     fair return to the United States for any lease issued under 
     this section; and
       (B) royalties pursuant to section 475 that apply to all 
     leases issued under this section.
       (2) Bonus bids.--The Secretaries may grant credit toward 
     any bonus bid for a qualified expenditure by the holder of a 
     lease described in subsection (e)(2)(C) in any competitive 
     lease sale held for a long-term lease covering the same land 
     covered by the lease described in subsection (e)(2)(C).
       (g) Qualifications.--Prior to any lease sale, the Secretary 
     shall establish qualifications for bidders that ensure 
     bidders meet the requirements described in subsection (a)(3).
       (h) Requirements.--The Secretaries shall ensure that any 
     activity under a leasing program is carried out in a manner 
     that--
       (1) is consistent with all applicable land use planning, 
     environmental, and other laws; and
       (2) provides for--
       (A) safety;
       (B) protection of the environment and fish and wildlife 
     habitat;
       (C) mitigation of impacts;
       (D) prevention of waste;
       (E) diligent development of the resource, with specific 
     milestones to be met by the lessee as determined by the 
     Secretaries;
       (F) coordination with applicable Federal agencies;
       (G) a fair return to the United States for any lease;
       (H) use of best management practices, including planning 
     and practices for mitigation of impacts;
       (I) public notice and comment on any proposal submitted for 
     a lease under this section;
       (J) oversight, inspection, research, monitoring, and 
     enforcement relating to a lease under this section;
       (K) the quantity of acreage to be commensurate with the 
     size of the project covered by a lease; and
       (L) efficient use of water resources.
       (i) Lease Duration, Suspension, and Cancellation.--
       (1) Duration.--A lease under this section shall be for--
       (A) an initial term of 25 years; and
       (B) any additional period after the initial term during 
     which electricity is being produced annually in commercial 
     quantities from the lease.
       (2) Administration.--The Secretary shall establish terms 
     and conditions for the issuance, transfer, renewal, 
     suspension, and cancellation of a lease under this section.
       (3) Readjustment.--
       (A) In general.--Royalties, rentals, and other terms and 
     conditions of a lease under this section shall be subject to 
     readjustment--
       (i) on the date that is 15 years after the date on which 
     the lease is issued; and
       (ii) every 10 years thereafter.
       (B) Lease.--Each lease issued under this subtitle shall 
     provide for readjustment in accordance with subparagraph (A).
       (j) Surface-Disturbing Activities.--The Secretaries shall--
       (1) regulate all surface-disturbing activities conducted 
     pursuant to any lease issued under this section; and
       (2) require any necessary reclamation and other actions 
     under the lease as are required

[[Page S2732]]

     in the interest of conservation of surface resources.
       (k) Security.--The Secretaries shall require the holder of 
     a lease issued under this section--
       (1) to furnish a surety bond or other form of security, as 
     prescribed by the Secretaries;
       (2) to provide for the reclamation and restoration of the 
     area covered by the lease; and
       (3) to comply with such other requirements as the 
     Secretaries consider necessary to protect the interests of 
     the public and the United States.
       (l) Periodic Review.--Not less frequently than once every 5 
     years, the Secretary shall conduct a review of the adequacy 
     of the surety bond or other form of security provided by the 
     holder of a lease issued under this section.

     SEC. 474. DISPOSITION OF REVENUES.

       (a) Disposition of Revenues.--Of the amounts collected as 
     bonus bids, royalties, rentals, fees, or other payments under 
     a right-of-way, permit, lease, or other authorization for the 
     development of wind or solar energy on covered land--
       (1) 25 percent shall be paid by the Secretary of the 
     Treasury to the State within the boundaries of which the 
     income is derived;
       (2) 25 percent shall be paid by the Secretary of the 
     Treasury to the 1 or more counties within the boundaries of 
     which the income is derived;
       (3) 15 percent shall--
       (A) for the period beginning on the date of enactment of 
     this Act and ending on date the date that is 15 years after 
     the date of enactment of this Act, be deposited in the 
     Treasury of the United States to help facilitate the 
     processing of renewable energy permits by the Bureau of Land 
     Management, including the transfer of the funds by the Bureau 
     of Land Management to other Federal agencies and State 
     agencies to facilitate the processing of renewable energy 
     permits on Federal land; and
       (B) beginning on the date that is 15 years after the date 
     of enactment of this Act, be deposited in the Fund; and
       (4) 35 percent shall be deposited in the Renewable Energy 
     Resource Conservation Fund established by subsection (c).
       (b) Payments to States and Counties.--
       (1) In general.--Except as provided in paragraph (2), 
     amounts paid to States and counties under subsection (a) 
     shall be used consistent with section 35 of the Mineral 
     Leasing Act (30 U.S.C. 191).
       (2) Impacts on federal land.--Not less than 33 percent of 
     the amount paid to a State shall be used on an annual basis 
     for the purposes described in subsection (c)(2)(A).
       (c) Renewable Energy Resource Conservation Fund.--
       (1) In general.--There is established in the Treasury a 
     fund, to be known as the ``Renewable Energy Resource 
     Conservation Fund'', to be administered by the Secretary for 
     use in regions impacted by the development of wind or solar 
     energy.
       (2) Use.--
       (A) In general.--Amounts in the Fund shall be available to 
     the Secretary, who may make amounts available to the 
     Secretary of Agriculture and to other Federal or State 
     agencies, as appropriate, for the purposes of--
       (i) addressing and offsetting the impacts of wind or solar 
     development on Federal land, including restoring and 
     protecting--

       (I) fish and wildlife habitat for affected species;
       (II) fish and wildlife corridors for affected species; and
       (III) water resources in areas impacted by wind or solar 
     energy development;

       (ii) securing recreational access to Federal land through 
     an easement, right-of-way, or fee title acquisition from 
     willing sellers for the purpose of providing enhanced public 
     access to existing Federal land that is inaccessible or 
     significantly restricted; and
       (iii) carrying out activities authorized under the Land and 
     Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et 
     seq.) in the State.
       (B) Advisory board.--The Secretary shall establish an 
     independent advisory board composed of key stakeholders and 
     technical experts to provide recommendations and guidance on 
     the disposition of any amounts expended from the Fund.
       (3) Mitigation requirements.--The expenditure of funds 
     under this subsection shall be in addition to any mitigation 
     requirements imposed pursuant to any law, regulation, or term 
     or condition of any lease, right-of-way, or other 
     authorization.
       (4) Investment of fund.--
       (A) In general.--Any amounts deposited in the Fund shall 
     earn interest in an amount determined by the Secretary of the 
     Treasury on the basis of the current average market yield on 
     outstanding marketable obligations of the United States of 
     comparable maturities.
       (B) Use.--Any interest earned under subparagraph (A) may be 
     expended in accordance with this subsection.

     SEC. 475. ROYALTIES.

       (a) In General.--The Secretaries shall require as a term 
     and condition of any lease, right-of-way, permit, or other 
     authorization for the development of wind or solar energy on 
     covered land the payment of a royalty established by the 
     Secretaries pursuant to a joint rulemaking that shall be a 
     percentage of the gross proceeds from the sale of electricity 
     at a rate that--
       (1) encourages production of solar or wind energy;
       (2) ensures a fair return to the public comparable to the 
     return that would be obtained on State and private land; and
       (3) encourages the maximum energy generation while 
     disturbing the least quantity of covered land and other 
     natural resources, including water.
       (b) Amount.--The royalty on electricity produced using wind 
     or solar resources shall be--
       (1) not less than 1 percent, and not more than 2.5 percent, 
     of the gross proceeds from the sale of electricity produced 
     from the resources during the first 10 years of production; 
     and
       (2) not less than 2 percent, and not more than 5 percent, 
     of the gross proceeds from the sale of electricity produced 
     from the resources during each year after that initial 10-
     year period.
       (c) Different Royalty Rates.--The Secretaries may 
     establish--
       (1) a different royalty rate for wind or solar energy 
     generation; and
       (2) a reduced royalty rate for projects located within a 
     zone identified for development of solar or wind energy.
       (d) Royalty in Lieu of Rent.--During the period of 
     production, a royalty shall be collected in lieu of any rent 
     for the land from which the electricity is produced.
       (e) Royalty Relief.--To promote the generation of renewable 
     energy, the Secretaries may reduce any royalty otherwise 
     required on a showing by clear and convincing evidence by the 
     person holding a lease, right-of-way, permit, or other 
     authorization for the development of wind or solar energy on 
     covered land under which the generation of energy is or will 
     be produced in commercial quantities that--
       (1) collection of the full royalty would unreasonably 
     burden energy generation; and
       (2) the royalty reduction is in the public interest.
       (f) Periodic Review and Report.--
       (1) In general.--Not later than 5 years after the date of 
     enactment of this Act and every 5 years thereafter, the 
     Secretary, in consultation with the Secretary of Agriculture, 
     shall--
       (A) complete a review of collections and impacts of the 
     royalty and fees provided under this subtitle; and
       (B) submit to the Committee on Energy and Natural Resources 
     of the Senate and the Committee on Natural Resources of the 
     House of Representatives a report describing the results of 
     the review.
       (2) Topics.--The report shall address--
       (A) the total revenues received (by category) on an annual 
     basis as royalties from wind, solar, and geothermal 
     development and production (specified by energy source) on 
     covered land;
       (B) whether the revenues received for the development of 
     wind, solar, and geothermal development are comparable to the 
     revenues received for similar development on State and 
     private land;
       (C) any impact on the development of wind, solar, and 
     geothermal development and production on covered land as a 
     result of the royalties; and
       (D) any recommendations with respect to changes in Federal 
     law (including regulations) relating to the amount or method 
     of collection (including auditing, compliance, and 
     enforcement) of the royalties.
       (g) Regulations.--Not later than 1 year after the date of 
     enactment of this Act, the Secretaries shall jointly issue 
     final regulations to carry out this section.

     SEC. 476. ENFORCEMENT OF ROYALTY AND PAYMENT PROVISIONS.

       (a) Duties of the Secretary.--The Secretary shall establish 
     a comprehensive inspection, collection, fiscal, and 
     production accounting and auditing system--
       (1) to accurately determine royalties, rentals, interest, 
     fines, penalties, fees, deposits, and other payments owed 
     under this subtitle; and
       (2) to collect and account for the payments in a timely 
     manner.
       (b) Applicability of Other Law.--The Federal Oil and Gas 
     Royalty Management Act of 1982 (30 U.S.C. 1701 et seq.) 
     (including the civil and criminal enforcement provisions of 
     that Act) shall apply to leases, permits, rights-of-way, or 
     other authorizations issued for the development of solar or 
     wind energy on covered land and the holders and operators of 
     the leases, permits, rights-of-way, or other authorizations 
     (and designees) under this title, except that in applying 
     that Act--
       (1) ``wind or solar leases, permits, rights-of-way, or 
     other authorizations'' shall be substituted for ``oil and gas 
     leases'';
       (2) ``electricity generated from wind or solar resources'' 
     shall be substituted for ``oil and gas'' (when used as 
     nouns);
       (3) ``lease, permit, right-of-way, or other authorization 
     for the development of wind or solar energy'' shall be 
     substituted for ``lease'' and ``lease for oil and gas'' (when 
     used as nouns); and
       (4) ``lessee, permittee, right-of-way holder, or holder of 
     an authorization for the development of wind or solar 
     energy'' shall be substituted for ``lessee''.

     SEC. 477. ENFORCEMENT.

       (a) In General.--Sections 302(c) and 303 of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1732(c), 
     1733) shall apply to activities conducted on covered land 
     under this title.
       (b) Applicability of Other Enforcement Provisions.--Nothing 
     in this title reduces or

[[Page S2733]]

     limits the enforcement authority vested in the Secretary or 
     the Attorney General by any other law.

     SEC. 478. SEGREGATION FROM APPROPRIATION UNDER MINING AND 
                   FEDERAL LAND LAWS.

       (a) In General.--On covered land identified by the 
     Secretary or the Secretary of Agriculture for the development 
     of solar or wind power under this title or other applicable 
     law, the Secretary or the Secretary of Agriculture may 
     temporarily segregate the identified land from appropriation 
     under the mining and public land laws.
       (b) Administration.--Segregation of covered land under this 
     section--
       (1) may only be made for a period not to exceed 10 years; 
     and
       (2) shall be subject to valid existing rights as of the 
     date of the segregation.

     SEC. 479. REPORT.

       (a) Study.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretaries shall carry out a 
     study on the siting, development, and management of projects 
     to determine the feasibility of carrying out a conservation 
     banking program on land administered by the Secretaries.
       (2) Contents.--The study under paragraph (1) shall--
       (A) identify areas in which--
       (i) privately owned land is not available to offset the 
     impacts of solar or wind energy development on federally 
     administered land; or
       (ii) mitigation investments on federally administered land 
     are likely to provide greater conservation value for impacts 
     of solar or wind energy development on federally administered 
     land; and
       (B) examine--
       (i) the effectiveness of laws (including regulations) and 
     policies in effect on the date of enactment of this Act in 
     facilitating the development of conservation banks;
       (ii) the advantages and disadvantages of using conservation 
     banks on Federal land to mitigate impacts to natural 
     resources on private land; and
       (iii) any changes in Federal law (including regulations) or 
     policy necessary to further develop a Federal conservation 
     banking program.
       (b) Report to Congress.--Not later than 18 months after the 
     date of enactment of this Act, the Secretaries shall jointly 
     submit to Congress a report that includes--
       (1) the recommendations of the Secretaries relating to--
       (A) the most effective system for Federal land described in 
     subsection (a)(2)(A) to meet the goals of facilitating the 
     development of a conservation banking program on Federal 
     land; and
       (B) any change to Federal law (including regulations) or 
     policy necessary to address more effectively the siting, 
     development, and management of conservation banking programs 
     on Federal land to mitigate impacts to natural resources on 
     private land; and
       (2) any administrative action to be taken by the 
     Secretaries in response to the recommendations.
       (c) Availability to the Public.--Not later than 30 days 
     after the date on which the report described in subsection 
     (b) is submitted to Congress, the Secretaries shall make the 
     results of the study available to the public.

     SEC. 480. APPLICABILITY OF LAW.

       (a) Rental Fee Exemption.--Wind or solar generation 
     projects with a capacity of 20 megawatts or more that are 
     issued a lease, right-of-way, permit, or other authorization 
     under applicable law shall not be subject to the rental fee 
     exemption for rights-of-way under section 504(g) of the 
     Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1764(g)).
       (b) Fees, Charges, and Commissions.--Section 304 of the 
     Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1734) shall apply to an application made under section 473.
                                 ______
                                 
  SA 2993. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed by her to the bill S. 2262, to promote energy savings in 
residential buildings and industry, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of title V, add the following:

     SECTION 504. USE OF FEDERAL DISASTER RELIEF AND EMERGENCY 
                   ASSISTANCE FOR ENERGY-EFFICIENT PRODUCTS AND 
                   STRUCTURES.

       (a) In General.--Title III of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5141 
     et seq.) is amended by adding at the end the following:

     ``SEC. 327. USE OF ASSISTANCE FOR ENERGY-EFFICIENT PRODUCTS 
                   AND STRUCTURES.

       ``(a) Definitions.--In this section--
       ``(1) the term `energy-efficient product' means a product 
     that--
       ``(A) meets or exceeds the requirements for designation 
     under an Energy Star program established under section 324A 
     of the of the Energy Policy and Conservation Act of 1975 (42 
     U.S.C. 6294a); or
       ``(B) meets or exceeds the requirements for designation as 
     being among the highest 25 percent of equivalent products for 
     energy efficiency under the Federal Energy Management 
     Program; and
       ``(2) the term `energy-efficient structure' means a 
     residential structure, a public facility, or a private 
     nonprofit facility that meets or exceeds the requirements of 
     American Society of Heating, Refrigerating and Air-
     Conditioning Engineers Standard 90.1-2010 or the 2013 
     International Energy Conservation Code, or any successor 
     thereto.
       ``(b) Use of Assistance.--A recipient of assistance 
     relating to a major disaster or emergency may use the 
     assistance to replace or repair a damaged product or 
     structure with an energy-efficient product or energy-
     efficient structure.''.
       (b) Applicability.--The amendment made by this section 
     shall apply to assistance made available under the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 et seq.) before, on, or after the date of 
     enactment of this Act that is expended on or after the date 
     of enactment of this Act.
                                 ______
                                 
  SA 2994. Mr. KING submitted an amendment intended to be proposed by 
him to the bill S. 2262, to promote energy savings in residential 
buildings and industry, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the beginning of title V, insert the following:

     SEC. 5__. FUEL SWITCHING UNDER WEATHERIZATION ASSISTANCE 
                   PROGRAM.

       Section 415(c)(1) of the Energy Conservation and Production 
     Act (42 U.S.C. 6865(c)(1)) is amended by striking 
     subparagraph (E) and inserting the following:
       ``(E) the cost of making heating and cooling modifications, 
     including replacement (including, at the option of the State, 
     nonrenewable fuel switching when replacing furnaces or 
     appliances if the new unit is more efficient than the 
     replaced unit).''.
                                 ______
                                 
  SA 2995. Mr. COONS (for himself, Ms. Collins, and Mr. Reed) submitted 
an amendment intended to be proposed by him to the bill S. 2262, to 
promote energy savings in residential buildings and industry, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of the bill, add the following:

          DIVISION B--WEATHERIZATION AND STATE ENERGY PROGRAMS

     SEC. 2001. SHORT TITLE.

       This division may be cited as the ``Weatherization 
     Enhancement and Local Energy Efficiency Investment and 
     Accountability Act''.

     SEC. 2002. FINDINGS.

       Congress finds that--
       (1) the State energy program established under part D of 
     title III of the Energy Policy and Conservation Act (42 
     U.S.C. 6321 et seq.) (referred to in this section as ``SEP'') 
     and the Weatherization Assistance Program for Low-Income 
     Persons established under part A of title IV of the Energy 
     Conservation and Production Act (42 U.S.C. 6861 et seq.) 
     (referred to in this section as ``WAP'') have proven to be 
     beneficial, long-term partnerships among Federal, State, and 
     local partners;
       (2) the SEP and the WAP have been reauthorized on a 
     bipartisan basis over many years to address changing 
     national, regional, and State circumstances and needs, 
     especially through--
       (A) the Energy Policy and Conservation Act (42 U.S.C. 6201 
     et seq.);
       (B) the Energy Conservation and Production Act (42 U.S.C. 
     6801 et seq.);
       (C) the State Energy Efficiency Programs Improvement Act of 
     1990 (Public Law 101-440; 104 Stat. 1006);
       (D) the Energy Policy Act of 1992 (42 U.S.C. 13201 et 
     seq.);
       (E) the Energy Policy Act of 2005 (42 U.S.C. 15801 et 
     seq.); and
       (F) the Energy Independence and Security Act of 2007 (42 
     U.S.C. 17001 et seq.);
       (3) the SEP, also known as the ``State energy conservation 
     program''--
       (A) was first created in 1975 to implement a State-based, 
     national program in support of energy efficiency, renewable 
     energy, economic development, energy emergency preparedness, 
     and energy policy; and
       (B) has come to operate in every sector of the economy in 
     support of the private sector to improve productivity and has 
     dramatically reduced the cost of government through energy 
     savings at the State and local levels;
       (4) Federal laboratory studies have concluded that, for 
     every Federal dollar invested through the SEP, more than $7 
     is saved in energy costs and almost $11 in non-Federal funds 
     is leveraged;
       (5) the WAP--
       (A) was first created in 1976 to assist low-income families 
     in response to the first oil embargo;
       (B) has become the largest residential energy conservation 
     program in the United States, with more than 7,100,000 homes 
     weatherized since the WAP was created;
       (C) saves an estimated 35 percent of consumption in the 
     typical weatherized home, yielding average annual savings of 
     $437 per year in home energy costs;
       (D) has created thousands of jobs in both the construction 
     sector and in the supply chain of materials suppliers, 
     vendors, and manufacturers who supply the WAP;
       (E) returns $2.51 in energy savings for every Federal 
     dollar spent in energy and nonenergy benefits over the life 
     of weatherized homes;
       (F) serves as a foundation for residential energy 
     efficiency retrofit standards, technical skills, and 
     workforce training for the

[[Page S2734]]

     emerging broader market and reduces residential and power 
     plant emissions of carbon dioxide by 2.65 metric tons each 
     year per home; and
       (G) has decreased national energy consumption by the 
     equivalent of 24,100,000 barrels of oil annually;
       (6) the WAP can be enhanced with the addition of a targeted 
     portion of the Federal funds through an innovative program 
     that supports projects performed by qualified nonprofit 
     organizations that have a demonstrated capacity to build, 
     renovate, repair, or improve the energy efficiency of a 
     significant number of low-income homes, building on the 
     success of the existing program without replacing the 
     existing WAP network or creating a separate delivery 
     mechanism for basic WAP services;
       (7) the WAP has increased energy efficiency opportunities 
     by promoting new, competitive public-private sector models of 
     retrofitting low-income homes through new Federal 
     partnerships;
       (8) improved monitoring and reporting of the work product 
     of the WAP has yielded benefits, and expanding independent 
     verification of efficiency work will support the long-term 
     goals of the WAP;
       (9) reports of the Government Accountability Office in 
     2011, Inspector General's of the Department of Energy, and 
     State auditors have identified State-level deficiencies in 
     monitoring efforts that can be addressed in a manner that 
     will ensure that WAP funds are used more effectively;
       (10) through the history of the WAP, the WAP has evolved 
     with improvements in efficiency technology, including, in the 
     1990s, many States adopting advanced home energy audits, 
     which has led to great returns on investment; and
       (11) as the home energy efficiency industry has become more 
     performance-based, the WAP should continue to use those 
     advances in technology and the professional workforce.

              TITLE XXI--WEATHERIZATION ASSISTANCE PROGRAM

     SEC. 2101. REAUTHORIZATION OF WEATHERIZATION ASSISTANCE 
                   PROGRAM.

       Section 422 of the Energy Conservation and Production Act 
     (42 U.S.C. 6872) is amended by striking ``appropriated--'' 
     and all that follows through the period at the end and 
     inserting ``appropriated $450,000,000 for each of fiscal 
     years 2015 through 2019.''.

     SEC. 2102. GRANTS FOR NEW, SELF-SUSTAINING LOW-INCOME, 
                   SINGLE-FAMILY AND MULTIFAMILY HOUSING ENERGY 
                   RETROFIT MODEL PROGRAMS TO ELIGIBLE MULTISTATE 
                   HOUSING AND ENERGY NONPROFIT ORGANIZATIONS.

       The Energy Conservation and Production Act is amended by 
     inserting after section 414B (42 U.S.C. 6864b) the following:

     ``SEC. 414C. GRANTS FOR NEW, SELF-SUSTAINING LOW-INCOME, 
                   SINGLE-FAMILY AND MULTIFAMILY HOUSING ENERGY 
                   RETROFIT MODEL PROGRAMS TO ELIGIBLE MULTISTATE 
                   HOUSING AND ENERGY NONPROFIT ORGANIZATIONS.

       ``(a) Purposes.--The purposes of this section are--
       ``(1) to expand the number of low-income, single-family and 
     multifamily homes that receive energy efficiency retrofits;
       ``(2) to promote innovation and new models of retrofitting 
     low-income homes through new Federal partnerships with 
     covered organizations that leverage substantial donations, 
     donated materials, volunteer labor, homeowner labor equity, 
     and other private sector resources;
       ``(3) to assist the covered organizations in demonstrating, 
     evaluating, improving, and replicating widely the model low-
     income energy retrofit programs of the covered organizations; 
     and
       ``(4) to ensure that the covered organizations make the 
     energy retrofit programs of the covered organizations self-
     sustaining by the time grant funds have been expended.
       ``(b) Definitions.--In this section:
       ``(1) Covered organization.--The term `covered 
     organization' means an organization that--
       ``(A) is described in section 501(c)(3) of the Internal 
     Revenue Code of 1986 and exempt from taxation under 501(a) of 
     that Code; and
       ``(B) has an established record of constructing, 
     renovating, repairing, or making energy efficient a total of 
     not less than 250 owner-occupied, single-family or 
     multifamily homes per year for low-income households, either 
     directly or through affiliates, chapters, or other direct 
     partners (using the most recent year for which data are 
     available).
       ``(2) Low-income.--The term `low-income' means an income 
     level that is not more than 200 percent of the poverty level 
     (as determined in accordance with criteria established by the 
     Director of the Office of Management and Budget) applicable 
     to a family of the size involved, except that the Secretary 
     may establish a higher or lower level if the Secretary 
     determines that a higher or lower level is necessary to carry 
     out this section.
       ``(3) Weatherization assistance program for low-income 
     persons.--The term `Weatherization Assistance Program for 
     Low-Income Persons' means the program established under this 
     part (including part 440 of title 10, Code of Federal 
     Regulations).
       ``(c) Competitive Grant Program.--The Secretary shall make 
     grants to covered organizations through a national 
     competitive process for use in accordance with this section.
       ``(d) Award Factors.--In making grants under this section, 
     the Secretary shall consider--
       ``(1) the number of low-income homes the applicant--
       ``(A) has built, renovated, repaired, or made more energy 
     efficient as of the date of the application; and
       ``(B) can reasonably be projected to build, renovate, 
     repair, or make energy efficient during the 10-year period 
     beginning on the date of the application;
       ``(2) the qualifications, experience, and past performance 
     of the applicant, including experience successfully managing 
     and administering Federal funds;
       ``(3) the number and diversity of States and climates in 
     which the applicant works as of the date of the application;
       ``(4) the amount of non-Federal funds, donated or 
     discounted materials, discounted or volunteer skilled labor, 
     volunteer unskilled labor, homeowner labor equity, and other 
     resources the applicant will provide;
       ``(5) the extent to which the applicant could successfully 
     replicate the energy retrofit program of the applicant and 
     sustain the program after the grant funds have been expended;
       ``(6) regional diversity;
       ``(7) urban, suburban, and rural localities; and
       ``(8) such other factors as the Secretary determines to be 
     appropriate.
       ``(e) Applications.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of this section, the Secretary shall request 
     proposals from covered organizations.
       ``(2) Administration.--To be eligible to receive a grant 
     under this section, an applicant shall submit to the 
     Secretary an application at such time, in such manner, and 
     containing such information as the Secretary may require.
       ``(3) Awards.--Not later than 90 days after the date of 
     issuance of a request for proposals, the Secretary shall 
     award grants under this section.
       ``(f) Eligible Uses of Grant Funds.--A grant under this 
     section may be used for--
       ``(1) energy efficiency audits, cost-effective retrofit, 
     and related activities in different climatic regions of the 
     United States;
       ``(2) energy efficiency materials and supplies;
       ``(3) organizational capacity--
       ``(A) to significantly increase the number of energy 
     retrofits;
       ``(B) to replicate an energy retrofit program in other 
     States; and
       ``(C) to ensure that the program is self-sustaining after 
     the Federal grant funds are expended;
       ``(4) energy efficiency, audit and retrofit training, and 
     ongoing technical assistance;
       ``(5) information to homeowners on proper maintenance and 
     energy savings behaviors;
       ``(6) quality control and improvement;
       ``(7) data collection, measurement, and verification;
       ``(8) program monitoring, oversight, evaluation, and 
     reporting;
       ``(9) management and administration (up to a maximum of 10 
     percent of the total grant);
       ``(10) labor and training activities; and
       ``(11) such other activities as the Secretary determines to 
     be appropriate.
       ``(g) Maximum Amount.--The amount of a grant provided under 
     this section shall not exceed--
       ``(1) if the amount made available to carry out this 
     section for a fiscal year is $225,000,000 or more, 
     $5,000,000; and
       ``(2) if the amount made available to carry out this 
     section for a fiscal year is less than $225,000,000, 
     $1,500,000.
       ``(h) Guidelines.--
       ``(1) In general.--Not later than 90 days after the date of 
     enactment of this section, the Secretary shall issue 
     guidelines to implement the grant program established under 
     this section.
       ``(2) Administration.--The guidelines--
       ``(A) shall not apply to the Weatherization Assistance 
     Program for Low-Income Persons, in whole or major part; but
       ``(B) may rely on applicable provisions of law governing 
     the Weatherization Assistance Program for Low-Income Persons 
     to establish--
       ``(i) standards for allowable expenditures;
       ``(ii) a minimum savings-to-investment ratio;
       ``(iii) standards--

       ``(I) to carry out training programs;
       ``(II) to conduct energy audits and program activities;
       ``(III) to provide technical assistance;
       ``(IV) to monitor program activities; and
       ``(V) to verify energy and cost savings;

       ``(iv) liability insurance requirements; and
       ``(v) recordkeeping requirements, which shall include 
     reporting to the Office of Weatherization and 
     Intergovernmental Programs of the Department of Energy 
     applicable data on each home retrofitted.
       ``(i) Review and Evaluation.--The Secretary shall review 
     and evaluate the performance of any covered organization that 
     receives a grant under this section (which may include an 
     audit), as determined by the Secretary.
       ``(j) Compliance With State and Local Law.--Nothing in this 
     section or any program carried out using a grant provided 
     under this section supersedes or otherwise affects any State 
     or local law, to the extent

[[Page S2735]]

     that the State or local law contains a requirement that is 
     more stringent than the applicable requirement of this 
     section.
       ``(k) Annual Reports.--The Secretary shall submit to 
     Congress annual reports that provide--
       ``(1) findings;
       ``(2) a description of energy and cost savings achieved and 
     actions taken under this section; and
       ``(3) any recommendations for further action.
       ``(l) Funding.--Of the amount of funds that are made 
     available to carry out the Weatherization Assistance Program 
     for each of fiscal years 2015 through 2019 under section 422, 
     the Secretary shall use to carry out this section for each of 
     fiscal years 2015 through 2019--
       ``(1) 2 percent of the amount if the amount is less than 
     $225,000,000;
       ``(2) 5 percent of the amount if the amount is $225,000,000 
     or more but less than $260,000,000;
       ``(3) 10 percent of the amount if the amount is 
     $260,000,000 or more but less than $400,000,000; and
       ``(4) 20 percent of the amount if the amount is 
     $400,000,000 or more.''.

     SEC. 2103. STANDARDS PROGRAM.

       Section 415 of the Energy Conservation and Production Act 
     (42 U.S.C. 6865) is amended by adding at the end the 
     following:
       ``(f) Standards Program.--
       ``(1) Contractor qualification.--Effective beginning 
     January 1, 2015, to be eligible to carry out weatherization 
     using funds made available under this part, a contractor 
     shall be selected through a competitive bidding process and 
     be--
       ``(A) accredited by the Building Performance Institute;
       ``(B) an Energy Smart Home Performance Team accredited 
     under the Residential Energy Services Network; or
       ``(C) accredited by an equivalent accreditation or program 
     accreditation-based State certification program approved by 
     the Secretary.
       ``(2) Grants for energy retrofit model programs.--
       ``(A) In general.--To be eligible to receive a grant under 
     section 414C, a covered organization (as defined in section 
     414C(b)) shall use a crew chief who--
       ``(i) is certified or accredited in accordance with 
     paragraph (1); and
       ``(ii) supervises the work performed with grant funds.
       ``(B) Volunteer labor.--A volunteer who performs work for a 
     covered organization that receives a grant under section 414C 
     shall not be required to be certified under this subsection 
     if the volunteer is not directly installing or repairing 
     mechanical equipment or other items that require skilled 
     labor.
       ``(C) Training.--The Secretary shall use training and 
     technical assistance funds available to the Secretary to 
     assist covered organizations under section 414C in providing 
     training to obtain certification required under this 
     subsection, including provisional or temporary certification.
       ``(3) Minimum efficiency standards.--Effective beginning 
     October 1, 2015, the Secretary shall ensure that--
       ``(A) each retrofit for which weatherization assistance is 
     provided under this part meets minimum efficiency and quality 
     of work standards established by the Secretary after 
     weatherization of a dwelling unit;
       ``(B) at least 10 percent of the dwelling units are 
     randomly inspected by a third party accredited under this 
     subsection to ensure compliance with the minimum efficiency 
     and quality of work standards established under subparagraph 
     (A); and
       ``(C) the standards established under this subsection meet 
     or exceed the industry standards for home performance work 
     that are in effect on the date of enactment of this 
     subsection, as determined by the Secretary.''.

                    TITLE XXII--STATE ENERGY PROGRAM

     SEC. 2201. REAUTHORIZATION OF STATE ENERGY PROGRAM.

       Section 365(f) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6325(f)) is amended by striking ``$125,000,000 for 
     each of fiscal years 2007 through 2012'' and inserting 
     ``$75,000,000 for each of fiscal years 2015 through 2019''.
                                 ______
                                 
  SA 2996. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill S. 2262, to promote energy savings in residential 
buildings and industry, and for other purposes; which was ordered to 
lie on the table; as follows:

       At beginning of title V, insert the following:

     SEC. 5__. STUDY OF REGULATIONS THAT LIMIT GREENHOUSE GAS 
                   EMISSIONS FROM EXISTING POWER PLANTS.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall conduct a study on the effect that regulations 
     limiting greenhouse gas emissions from existing power plants 
     would have on jobs and energy prices.
       (b) Determination.--If, based on the study conducted under 
     subsection (a), the Secretary of Energy determines that the 
     regulations described in that subsection would directly or 
     indirectly destroy jobs or raise energy prices, the 
     Administrator of the Environmental Protection Agency shall 
     not finalize the regulations.
                                 ______
                                 
  SA 2997. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill S. 2262, to promote energy savings in residential 
buildings and industry, and for other purposes; which was ordered to 
lie on the table; as follows:

       At beginning of title V, insert the following:

     SEC. 5___. CONGRESSIONAL APPROVAL OF EPA REGULATIONS WITH 
                   HIGH COMPLIANCE COSTS.

       Notwithstanding any other provision of law, if the cost of 
     compliance with a regulation of the Administrator of the 
     Environmental Protection Agency exceeds $1,000,000,000, the 
     regulation shall not take effect unless Congress enacts a law 
     that approves the regulation.
                                 ______
                                 
  SA 2998. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill S. 2262, to promote energy savings in residential 
buildings and industry, and for other purposes; which was ordered to 
lie on the table; as follows:

       At beginning of title V, insert the following:

     SEC. 5___. DOMESTIC OIL AND NATURAL GAS PRODUCTION GOAL.

       (a) In General.--In developing an onshore and offshore oil 
     and gas leasing program for the Department of the Interior, 
     subject to paragraph (2), the Secretary of the Interior 
     (referred to in this section as the ``Secretary'') shall 
     determine a domestic strategic production goal for the 
     development of oil and natural gas from Federal onshore and 
     offshore areas, which goal shall be--
       (1) the best estimate of the practicable increase in 
     domestic production of oil and natural gas from the outer 
     Continental Shelf and Federal onshore areas; and
       (2) focused on--
       (A) meeting domestic demand for oil and natural gas;
       (B) reducing the dependence of the United States on foreign 
     energy; and
       (C) the production increases achieved by the leasing 
     program at the end of each of the 15- and 30-year periods 
     beginning on the effective date of the program.
       (b) Program Goal.--For purposes of the onshore and offshore 
     oil and gas leasing program of the Department of the 
     Interior, the production goal determined under subsection (a) 
     shall be an increase by January 1, 2032, of the greater of--
       (1)(A) not less than 3,000,000 barrels in the quantity of 
     oil produced per day; and
       (B) not less than 10,000,000,000 cubic feet in the quantity 
     of natural gas produced per day; or
       (2) not less than the projected 30-year percentage increase 
     in the production of oil and natural gas from non-Federal 
     areas, as determined by the Energy Information 
     Administration.
       (c) Report.--Beginning on the date that is 1 year after the 
     effective date of the onshore and offshore oil and gas 
     leasing program and annually thereafter, the Secretary shall 
     submit to the Committee on Natural Resources of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate a report on the progress of the 
     program in meeting the production goal under subsection (a) 
     that includes an identification of projections for production 
     and any problems with leasing, permitting, or production that 
     will prevent meeting the goal.
                                 ______
                                 
  SA 2999. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill S. 2262, to promote energy savings in residential 
buildings and industry, and for other purposes; which was ordered to 
lie on the table; as follows:

       At beginning of title V, insert the following:

     SEC. 4__. STUDY OF EFFECT OF TIER 3 MOTOR VEHICLE EMISSION 
                   AND FUEL STANDARD.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall conduct a study on the effect that the Tier 3 
     motor vehicle emission and fuel standard would have on the 
     price of gasoline.
       (b) Determination.--If, based on the study conducted under 
     subsection (a), the Secretary of Energy determines that the 
     Tier 3 motor vehicle emission and fuel standard would result 
     in an increase in the price of gasoline, the Administrator of 
     the Environmental Protection Agency shall not finalize the 
     standard.
                                 ______
                                 
  SA 3000. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill S. 2262, to promote energy savings in residential 
buildings and industry, and for other purposes; which was ordered to 
lie on the table; as follows:

       At beginning of title V, insert the following:

     SEC. 5___. PROHIBITION ON COLLECTION AND DISBURSEMENT OF 
                   AGRICULTURAL PRODUCER PERSONAL INFORMATION.

       (a) In General.--Notwithstanding any other provision of 
     law, the Administrator of the Environmental Protection Agency 
     shall not establish any searchable online database

[[Page S2736]]

     of the personal information of any owner, operator, or 
     employee of a livestock or farming operation.
       (b) Inclusions.--For purposes of subsection (a), personal 
     information includes--
       (1) names of the owners, operators, or employees or of 
     family members of the owners, operators, or employees;
       (2) telephone numbers;
       (3) email addresses;
       (4) physical or mailing addresses;
       (5) number of livestock;
       (6) Global Positioning System coordinates; or
       (7) other personal information regarding the owners, 
     operators, or employees.
       (c) FOIA.--
       (1) In general.--Personal information described in 
     subsection (b) shall be exempt from disclosure under section 
     552 of title 5, United States Code.
       (2) Applicability.--For purposes of paragraph (1), this 
     section shall be considered a statute described in section 
     552(b)(3)(B) of title 5, United States Code.
                                 ______
                                 
  SA 3001. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill S. 2262, to promote energy savings in residential 
buildings and industry, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the beginning of title V, insert the following:

     SEC. 5____. ADVANCED TECHNOLOGY VEHICLES MANUFACTURING 
                   INCENTIVE PROGRAM.

       (a) In General.--Section 136 of the Energy Independence and 
     Security Act of 2007 (42 U.S.C. 17013) is repealed.
       (b) Effect of Repeal.--The repeal under subsection (a) 
     shall not affect any incentive, loan, or other assistance 
     provided under section 136 of the Energy Independence and 
     Security Act of 2007 (42 U.S.C. 17013) on or before January 
     1, 2014.
                                 ______
                                 
  SA 3002. Mr. THUNE (for himself, Mr. Vitter, and Mr. Sessions) 
submitted an amendment intended to be proposed by him to the bill S. 
2262, to promote energy savings in residential buildings and industry, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the beginning of title V, insert the following:

     SEC. 5__. GROUND-LEVEL OZONE STANDARDS.

       Notwithstanding any other provision of law (including 
     regulations), in promulgating a national primary or secondary 
     ambient air quality standard for ozone, the Administrator of 
     the Environmental Protection Agency--
       (1) shall not propose a national primary or secondary 
     ambient air quality standard for ozone that is lower than the 
     standard established under section 50.15 of title 40, Code of 
     Federal Regulations (as in effect on January 1, 2014), until 
     at least 85 percent of the counties that were nonattainment 
     areas under that standard as of January 1, 2014, achieve full 
     compliance with that standard;
       (2) shall only consider all or part of a county to be a 
     nonattainment area under the standard on the basis of direct 
     air quality monitoring;
       (3) shall take into consideration feasibility and cost; and
       (4) shall include in the regulatory impact analysis for the 
     proposed and final rule at least 1 analysis that does not 
     include any calculation of benefits resulting from reducing 
     emissions of any pollutant other than ozone.
                                 ______
                                 
  SA 3003. Mr. COBURN (for himself and Mr. Johnson of Wisconsin) 
submitted an amendment intended to be proposed by him to the bill S. 
2262, to promote energy savings in residential buildings and industry, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. GUIDELINES TO ENCOURAGE FEDERAL EMPLOYEES TO HELP 
                   REDUCE ENERGY USE AND COSTS.

       Not later than 60 days after the date of enactment of this 
     Act, the Secretary shall issue to the head of each Federal 
     agency guidelines to reduce energy costs at that Federal 
     agency by requiring employees of the Federal agency--
       (1) to turn off the lights in the work areas of the 
     employees at the end of the work day; and
       (2) to turn off or unplug other devices that consume energy 
     during periods in which the employees are not in the office.
                                 ______
                                 
  SA 3004. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 2262, to promote energy savings in residential 
buildings and industry, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. INSTALLATION RENEWABLE ENERGY PROJECT DATABASE.

       (a) Limitation.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     establish a searchable database to uniformly report 
     information regarding installation renewable energy projects 
     undertaken since 2010.
       (b) Elements.--The database established under subsection 
     (a) shall include, for each installation energy project--
       (1) the estimated project costs;
       (2) estimated power generation;
       (3) estimated total cost savings;
       (4) estimated payback period;
       (5) total project costs;
       (6) actual power generation;
       (7) actual cost savings to date;
       (8) current operational status; and
       (9) access to relevant business case documents, including 
     the economic viability assessment.
       (c) Updates.--The database established under subsection (a) 
     shall be updated not less than quarterly.
                                 ______
                                 
  SA 3005. Mr. COBURN (for himself and Mr. Johnson of Wisconsin) 
submitted an amendment intended to be proposed by him to the bill S. 
2262, to promote energy savings in residential buildings and industry, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. ___. CERTIFICATION REQUIRED.

       (a) In General.--The Secretary shall certify that the 
     amount of energy cost savings over a 10-year period as a 
     result of each project or activity funded under this Act or 
     an amendment made by this Act would equal or exceed the cost 
     of the project or activity.
       (b) Actual Energy Use.--On completion of a project or 
     activity provided funds under this Act or an amendment made 
     by this Act, the Secretary shall certify that, over a 10-year 
     period, as a result of the project or activity--
       (1) there was a reduction in actual energy use; and
       (2) the energy cost savings exceeded the costs of the 
     project or activity.
                                 ______
                                 
  SA 3006. Mr. COBURN (for himself and Mr. Johnson of Wisconsin) 
submitted an amendment intended to be proposed by him to the bill S. 
2262, to promote energy savings in residential buildings and industry, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 82, between lines 5 and 6, insert the following:

     SEC. 4__. EVALUATION AND CONSOLIDATION OF DUPLICATIVE GREEN 
                   BUILDING PROGRAMS.

       (a) Definitions.--In this section:
       (1) Administrative expenses.--The term ``administrative 
     expenses'' has the meaning given the term by the Director of 
     the Office of Management and Budget under section 504(b)(2) 
     of the Energy and Water Development and Related Agencies 
     Appropriations Act, 2010 (31 U.S.C. 1105 note; Public Law 
     111-85), except that the term shall include, for purposes of 
     that section and this section, with respect to an agency--
       (A) costs incurred by the agency and costs incurred by 
     grantees, subgrantees, and other recipients of funds from a 
     grant program or other program administered by the agency; 
     and
       (B) expenses related to personnel salaries and benefits, 
     property management, travel, program management, promotion, 
     reviews and audits, case management, and communication about, 
     promotion of, and outreach for programs and program 
     activities administered by the agency.
       (2) Applicable programs.--The term ``applicable programs'' 
     means the programs listed in Table 9 (pages 348-350) of the 
     report of the Government Accountability Office entitled 
     ``2012 Annual Report: Opportunities to Reduce Duplication, 
     Overlap and Fragmentation, Achieve Savings, and Enhance 
     Revenue''.
       (3) Appropriate secretaries.--The term ``appropriate 
     Secretaries'' means--
       (A) the Secretary;
       (B) the Secretary of Agriculture;
       (C) the Secretary of Defense;
       (D) the Secretary of Education;
       (E) the Secretary of Health and Human Services;
       (F) the Secretary of Housing and Urban Development;
       (G) the Secretary of Transportation;
       (H) the Secretary of the Treasury;
       (I) the Administrator of the Environmental Protection 
     Agency;
       (J) the Director of the National Institute of Standards and 
     Technology; and
       (K) the Administrator of the Small Business Administration.
       (4) Services.--
       (A) In general.--Subject to subparagraph (B), the term 
     ``services'' has the meaning given the term by the Director 
     of the Office of Management and Budget.
       (B) Requirements.--The term ``services'' shall be limited 
     to activities, assistance, and aid that provide a direct 
     benefit to a recipient, such as--
       (i) the provision of medical care;
       (ii) assistance for housing or tuition; or
       (iii) financial support (including grants and loans).
       (b) Report.--
       (1) In general.--Not later than October 1, 2014, the 
     appropriate Secretaries shall submit to Congress and post on 
     the public Internet websites of the agencies of the 
     appropriate Secretaries a report on the outcomes of the 
     applicable programs.

[[Page S2737]]

       (2) Requirements.--In reporting on the outcomes of each 
     applicable program, the appropriate Secretaries shall--
       (A) determine the total administrative expenses of the 
     applicable program;
       (B) determine the expenditures for services for the 
     applicable program;
       (C) estimate the number of clients served by the applicable 
     program and beneficiaries who received assistance under the 
     applicable program (if applicable);
       (D) estimate--
       (i) the number of full-time employees who administer the 
     applicable program; and
       (ii) the number of full-time equivalents (whose salary is 
     paid in part or full by the Federal Government through a 
     grant or contract, a subaward of a grant or contract, a 
     cooperative agreement, or another form of financial award or 
     assistance) who assist in administering the applicable 
     program;
       (E) describe the type of assistance the applicable program 
     provides, such as grants, technical assistance, loans, tax 
     credits, or tax deductions;
       (F) describe the type of recipient who benefits from the 
     assistance provided, such as individual property owners or 
     renters, local governments, businesses, nonprofit 
     organizations, or State governments; and
       (G) identify and report on whether written program goals 
     are available for the applicable program.
       (c) Program Recommendations.--Not later than January 1, 
     2015, the appropriate Secretaries shall jointly submit to 
     Congress a report that includes--
       (1) an analysis of whether any of the applicable programs 
     should be eliminated or consolidated, including any 
     legislative changes that would be necessary to eliminate or 
     consolidate the applicable programs; and
       (2) ways to improve the applicable programs by establishing 
     program goals or increasing collaboration so as to reduce the 
     overlap and duplication identified in--
       (A) the 2011 report of the Government Accountability Office 
     entitled ``Federal Initiatives for the NonFederal Sector 
     Could Benefit from More Interagency Collaboration''; and
       (B) the report of the Government Accountability Office 
     entitled ``2012 Annual Report: Opportunities to Reduce 
     Duplication, Overlap and Fragmentation, Achieve Savings, and 
     Enhance Revenue''.
       (d) Program Eliminations.--Not later than January 1, 2015, 
     the appropriate Secretaries shall--
       (1) identify--
       (A) which applicable programs are specifically required by 
     law; and
       (B) which applicable programs are carried out under the 
     discretionary authority of the appropriate Secretaries;
       (2) eliminate those applicable programs that are not 
     required by law; and
       (3) transfer any remaining applicable projects and 
     nonduplicative functions into another green building program 
     within the same agency.
                                 ______
                                 
  SA 3007. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 2262, to promote energy savings in residential 
buildings and industry, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REPEAL OF ADVANCED TECHNOLOGY VEHICLES MANUFACTURING 
                   INCENTIVE PROGRAM.

       (a) In General.--
       (1) Repeal.--Section 136 of the Energy Independence and 
     Security Act of 2007 (42 U.S.C. 17013) is repealed.
       (2) Effective date.--The amendment made by paragraph (1) 
     takes effect on the date that is 90 days after the date of 
     enactment of this Act.
       (b) Deficit Reduction.--Any amounts made available to carry 
     out section 136 of the Energy Independence and Security Act 
     of 2007 (42 U.S.C. 17013) (as in effect before the amendment 
     made by subsection (a)) that are not obligated as of the date 
     of enactment of this Act are rescinded.
                                 ______
                                 
  SA 3008. Mr. BARRASSO (for himself, Mr. Vitter, Mr. Sessions, Mr. 
Crapo, Mr. Inhofe, Mrs. Fischer, Mr. Wicker, Mr. Johanns, Mr. Toomey, 
Mr. Enzi, Mr. Risch, Mr. Rubio, Mr. Moran, Mr. Roberts, Mr. Flake, Mr. 
McCain, Mr. Cochran, and Mr. Cornyn) submitted an amendment intended to 
be proposed by him to the bill S. 2262, to promote energy savings in 
residential buildings and industry, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of the bill, add the following:

     SEC. 5__. IDENTIFICATION OF WATERS PROTECTED BY THE CLEAN 
                   WATER ACT.

       (a) In General.--Neither the Secretary of the Army nor the 
     Administrator of the Environmental Protection Agency shall--
       (1) finalize the proposed rule entitled ``Definition of 
     `Waters of the United States' Under the Clean Water Act'' (79 
     Fed. Reg. 22188 (April 21, 2014)); or
       (2) use the proposed rule described in paragraph (1), or 
     any substantially similar proposed rule or guidance, as the 
     basis for any rulemaking or any decision regarding the scope 
     or enforcement of the Federal Water Pollution Control Act (33 
     U.S.C. 1251 et seq.).
       (b) Rules.--The use of the proposed rule described in 
     subsection (a)(1), or any substantially similar proposed rule 
     or guidance, as the basis for any rulemaking or any decision 
     regarding the scope or enforcement of the Federal Water 
     Pollution Control Act (33 U.S.C. 1251 et seq.) shall be 
     grounds for vacation of the final rule, decision, or 
     enforcement action.
                                 ______
                                 
  SA 3009. Mr. UDALL of New Mexico (for himself and Mr. Udall of 
Colorado) submitted an amendment intended to be proposed by him to the 
bill S. 2262, to promote energy savings in residential buildings and 
industry, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the beginning of title V, insert the following:

     SEC. 5__. RENEWABLE ELECTRICITY STANDARD.

       (a) In General.--Title VI of the Public Utility Regulatory 
     Policies Act of 1978 (16 U.S.C. 2601 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 610. RENEWABLE ELECTRICITY STANDARD.

       ``(a) Definitions.--In this section:
       ``(1) Base quantity of electricity.--
       ``(A) In general.--The term `base quantity of electricity' 
     means the total quantity of electric energy sold by a retail 
     electric supplier, expressed in terms of kilowatt hours, to 
     electric customers for purposes other than resale during the 
     most recent calendar year for which information is available.
       ``(B) Exclusions.--The term `base quantity of electricity' 
     does not include--
       ``(i) electric energy that is not incremental hydropower 
     generated by a hydroelectric facility; and
       ``(ii) electricity generated through the incineration of 
     municipal solid waste.
       ``(2) Biomass.--
       ``(A) In general.--The term `biomass' means--
       ``(i) cellulosic (plant fiber) organic materials from a 
     plant that is planted for the purpose of being used to 
     produce energy;
       ``(ii) nonhazardous plant or algal matter that is derived 
     from--

       ``(I) an agricultural crop, crop byproduct, or residue 
     resource; or
       ``(II) waste, such as landscape or right-of-way trimmings 
     (but not including municipal solid waste, recyclable 
     postconsumer waste paper, painted, treated, or pressurized 
     wood, wood contaminated with plastic, or metals);

       ``(iii) animal waste or animal byproducts; and
       ``(iv) landfill methane.
       ``(B) National forest land and certain other public land.--
     In the case of organic material removed from National Forest 
     System land or from public land administered by the Secretary 
     of the Interior, the term `biomass' means only organic 
     material from--
       ``(i) ecological forest restoration;
       ``(ii) precommercial thinnings;
       ``(iii) brush;
       ``(iv) mill residues; or
       ``(v) slash.
       ``(C) Exclusion of certain federal land.--Notwithstanding 
     subparagraph (B), the term `biomass' does not include 
     material or matter that would otherwise qualify as biomass if 
     the material or matter is located on the following Federal 
     land:
       ``(i) Federal land containing old growth forest or late 
     successional forest unless the Secretary of the Interior or 
     the Secretary of Agriculture determines that the removal of 
     organic material from the land--

       ``(I) is appropriate for the applicable forest type; and
       ``(II) maximizes the retention of--

       ``(aa) late-successional and large and old growth trees;
       ``(bb) late-successional and old growth forest structure; 
     and
       ``(cc) late-successional and old growth forest composition.
       ``(ii) Federal land on which the removal of vegetation is 
     prohibited, including components of the National Wilderness 
     Preservation System.
       ``(iii) Wilderness study areas.
       ``(iv) Inventoried roadless areas.
       ``(v) Components of the National Landscape Conservation 
     System.
       ``(vi) National Monuments.
       ``(3) Existing facility.--The term `existing facility' 
     means a facility for the generation of electric energy from a 
     renewable energy resource that is not an eligible facility.
       ``(4) Incremental hydropower.--The term `incremental 
     hydropower' means additional generation that is achieved from 
     increased efficiency or additions of capacity made on or 
     after--
       ``(A) the date of enactment of this section; or
       ``(B) the effective date of an existing applicable State 
     renewable portfolio standard program at a hydroelectric 
     facility that was placed in service before that date.
       ``(5) Indian land.--The term `Indian land' means--
       ``(A) any land within the limits of any Indian reservation, 
     pueblo, or rancheria;
       ``(B) any land not within the limits of any Indian 
     reservation, pueblo, or rancheria title to which was on the 
     date of enactment of this section held by--
       ``(i) the United States for the benefit of any Indian tribe 
     or individual; or
       ``(ii) any Indian tribe or individual subject to 
     restriction by the United States against alienation;
       ``(C) any dependent Indian community; or

[[Page S2738]]

       ``(D) any land conveyed to any Alaska Native corporation 
     under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 
     et seq.).
       ``(6) Indian tribe.--The term `Indian tribe' means any 
     Indian tribe, band, nation, or other organized group or 
     community, including any Alaskan Native village or regional 
     or village corporation as defined in or established pursuant 
     to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
     seq.), that is recognized as eligible for the special 
     programs and services provided by the United States to 
     Indians because of their status as Indians.
       ``(7) Renewable energy.--The term `renewable energy' means 
     electric energy generated by a renewable energy resource.
       ``(8) Renewable energy resource.--The term `renewable 
     energy resource' means solar, wind, ocean, tidal, geothermal 
     energy, biomass, landfill gas, incremental hydropower, or 
     hydrokinetic energy.
       ``(9) Repowering or cofiring increment.--The term 
     `repowering or cofiring increment' means--
       ``(A) the additional generation from a modification that is 
     placed in service on or after the date of enactment of this 
     section, to expand electricity production at a facility used 
     to generate electric energy from a renewable energy resource;
       ``(B) the additional generation above the average 
     generation during the 3-year period ending on the date of 
     enactment of this section at a facility used to generate 
     electric energy from a renewable energy resource or to cofire 
     biomass that was placed in service before the date of 
     enactment of this section; or
       ``(C) the portion of the electric generation from a 
     facility placed in service on or after the date of enactment 
     of this section, or a modification to a facility placed in 
     service before the date of enactment of this section made on 
     or after January 1, 2001, associated with cofiring biomass.
       ``(10) Retail electric supplier.--
       ``(A) In general.--The term `retail electric supplier' 
     means a person that sells electric energy to electric 
     consumers (other than consumers in Hawaii) that sold not less 
     than 1,000,000 megawatt hours of electric energy to electric 
     consumers for purposes other than resale during the preceding 
     calendar year.
       ``(B) Inclusion.--The term `retail electric supplier' 
     includes a person that sells electric energy to electric 
     consumers that, in combination with the sales of any 
     affiliate organized after the date of enactment of this 
     section, sells not less than 1,000,000 megawatt hours of 
     electric energy to consumers for purposes other than resale.
       ``(C) Sales to parent companies or affiliates.--For 
     purposes of this paragraph, sales by any person to a parent 
     company or to other affiliates of the person shall not be 
     treated as sales to electric consumers.
       ``(D) Governmental agencies.--
       ``(i) In general.--Except as provided in clause (ii), the 
     term `retail electric supplier' does not include--

       ``(I) the United States, a State, any political subdivision 
     of a State, or any agency, authority, or instrumentality of 
     the United States, State, or political subdivision; or
       ``(II) a rural electric cooperative.

       ``(ii) Inclusion.--The term `retail electric supplier' 
     includes an entity that is a political subdivision of   a 
     State, or an agency, authority, or instrumentality of the 
     United States, a State, a political subdivision of a State, a 
     rural electric cooperative that sells electric energy to 
     electric consumers, or any other entity that sells electric 
     energy to electric consumers that would not otherwise qualify 
     as a retail electric supplier if the entity notifies the 
     Secretary that the entity voluntarily agrees to participate 
     in the Federal renewable electricity standard program.
       ``(b) Compliance.--For calendar year 2014 and each calendar 
     year thereafter, each retail electric supplier shall meet the 
     requirements of subsection (c) by submitting to the 
     Secretary, not later than April 1 of the following calendar 
     year, 1 or more of the following:
       ``(1) Federal renewable energy credits issued under 
     subsection (e).
       ``(2) Certification of the renewable energy generated and 
     electricity savings pursuant to the funds associated with 
     State compliance payments as specified in subsection 
     (e)(4)(G).
       ``(3) Alternative compliance payments pursuant to 
     subsection (h).
       ``(c) Required Annual Percentage.--For each of calendar 
     years 2014 through 2039, the required annual percentage of 
     the base quantity of electricity of a retail electric 
     supplier that shall be generated from renewable energy 
     resources, or otherwise credited towards the percentage 
     requirement pursuant to subsection (d), shall be the 
     applicable percentage specified in the following table:

                                                        Required Amount
``Calendar Years                                             percentage
  2014.............................................................6.0 
  2015.............................................................8.5 
  2016.............................................................8.5 
  2017............................................................11.0 
  2018............................................................11.0 
  2019............................................................14.0 
  2020............................................................14.0 
  2021............................................................17.5 
  2022............................................................17.5 
  2023............................................................21.0 
  2024............................................................21.0 
  2025............................................................23.0 
  2026 and thereafter through 2039................................25.0.

       ``(d) Renewable Energy Credits.--
       ``(1) In general.--A retail electric supplier may satisfy 
     the requirements of subsection (b)(1) through the submission 
     of Federal renewable energy credits--
       ``(A) issued to the retail electric supplier under 
     subsection (e);
       ``(B) obtained by purchase or exchange under subsection 
     (f); or
       ``(C) borrowed under subsection (g).
       ``(2) Federal renewable energy credits.--A Federal 
     renewable energy credit may be counted toward compliance with 
     subsection (b)(1) only once.
       ``(e) Issuance of Federal Renewable Energy Credits.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this section, the Secretary shall establish by 
     rule a program--
       ``(A) to verify and issue Federal renewable energy credits 
     to generators of renewable energy;
       ``(B) to track the sale, exchange, and retirement of the 
     credits; and
       ``(C) to enforce the requirements of this section.
       ``(2) Existing non-federal tracking systems.--To the 
     maximum extent practicable, in establishing the program, the 
     Secretary shall rely on existing and emerging State or 
     regional tracking systems that issue and track non-Federal 
     renewable energy credits.
       ``(3) Application.--
       ``(A) In general.--An entity that generates electric energy 
     through the use of a renewable energy resource may apply to 
     the Secretary for the issuance of renewable energy credits.
       ``(B) Eligibility.--To be eligible for the issuance of the 
     credits, the applicant shall demonstrate to the Secretary 
     that--
       ``(i) the electric energy will be transmitted onto the 
     grid; or
       ``(ii) in the case of a generation offset, the electric 
     energy offset would have otherwise been consumed onsite.
       ``(C) Contents.--The application shall indicate--
       ``(i) the type of renewable energy resource that is used to 
     produce the electricity;
       ``(ii) the location at which the electric energy will be 
     produced; and
       ``(iii) any other information the Secretary determines 
     appropriate.
       ``(4) Quantity of federal renewable energy credits.--
       ``(A) In general.--Except as otherwise provided in this 
     paragraph, the Secretary shall issue to a generator of 
     electric energy 1 Federal renewable energy credit for each 
     kilowatt hour of electric energy generated by the use of a 
     renewable energy resource at an eligible facility.
       ``(B) Incremental hydropower.--
       ``(i) In general.--For purpose of compliance with this 
     section, Federal renewable energy credits for incremental 
     hydropower shall be based on the increase in average annual 
     generation resulting from the efficiency improvements or 
     capacity additions.
       ``(ii) Water flow information.--The incremental generation 
     shall be calculated using the same water flow information 
     that is--

       ``(I) used to determine a historic average annual 
     generation baseline for the hydroelectric facility; and
       ``(II) certified by the Secretary or the Federal Energy 
     Regulatory Commission.

       ``(iii) Operational changes.--The calculation of the 
     Federal renewable energy credits for incremental hydropower 
     shall not be based on any operational changes at the 
     hydroelectric facility that is not directly associated with 
     the efficiency improvements or capacity additions.
       ``(C) Indian land.--
       ``(i) In general.--The Secretary shall issue 2 renewable 
     energy credits for each kilowatt hour of electric energy 
     generated and supplied to the grid in a calendar year through 
     the use of a renewable energy resource at an eligible 
     facility located on Indian land.
       ``(ii) Biomass.--For purposes of this paragraph, renewable 
     energy generated by biomass cofired with other fuels is 
     eligible for 2 credits only if the biomass was grown on the 
     land.
       ``(D) On-site eligible facilities.--
       ``(i) In general.--In the case of electric energy generated 
     by a renewable energy resource at an on-site eligible 
     facility that is not larger than 1 megawatt in capacity and 
     is used to offset all or part of the requirements of a 
     customer for electric energy, the Secretary shall issue 3 
     renewable energy credits to the customer for each kilowatt 
     hour generated.
       ``(ii) Indian land.--In the case of an on-site eligible 
     facility on Indian land, the Secretary shall issue not more 
     than 3 credits per kilowatt hour.
       ``(E) Combination of renewable and nonrenewable energy 
     resources.--If both a renewable energy resource and a 
     nonrenewable energy resource are used to generate the 
     electric energy, the Secretary shall issue the Federal 
     renewable energy credits based on the proportion of the 
     renewable energy resources used.
       ``(F) Retail electric suppliers.--If a generator has sold 
     electric energy generated through the use of a renewable 
     energy resource to a retail electric supplier under a 
     contract for power from an existing facility and the contract 
     has not determined ownership of the Federal renewable energy 
     credits associated with the generation, the Secretary shall 
     issue the Federal renewable energy credits to the retail 
     electric supplier for the duration of the contract.

[[Page S2739]]

       ``(G) Compliance with state renewable portfolio standard 
     programs.--Payments made by a retail electricity supplier, 
     directly or indirectly, to a State for compliance with a 
     State renewable portfolio standard program, or for an 
     alternative compliance mechanism, shall be valued at 1 credit 
     per kilowatt hour for the purpose of subsection (b)(2) based 
     on the quantity of electric energy generation from renewable 
     resources that results from the payments.
       ``(f) Renewable Energy Credit Trading.--
       ``(1) In general.--A Federal renewable energy credit may be 
     sold, transferred, or exchanged by the entity to whom the 
     credit is issued or by any other entity that acquires the 
     Federal renewable energy credit, other than renewable energy 
     credits from existing facilities.
       ``(2) Carryover.--A Federal renewable energy credit for any 
     year that is not submitted to satisfy the minimum renewable 
     generation requirement of subsection (c) for that year may be 
     carried forward for use pursuant to subsection (b)(1) within 
     the next 3 years.
       ``(3) Delegation.--The Secretary may delegate to an 
     appropriate market-making entity the administration of a 
     national tradeable renewable energy credit market for 
     purposes of creating a transparent national market for the 
     sale or trade of renewable energy credits.
       ``(g) Renewable Energy Credit Borrowing.--
       ``(1) In general.--Not later than December 31, 2014, a 
     retail electric supplier that has reason to believe the 
     retail electric supplier will not be able to fully comply 
     with subsection (b) may--
       ``(A) submit a plan to the Secretary demonstrating that the 
     retail electric supplier will earn sufficient Federal 
     renewable energy credits within the next 3 calendar years 
     that, when taken into account, will enable the retail 
     electric supplier to meet the requirements of subsection (b) 
     for calendar year 2014 and the subsequent calendar years 
     involved; and
       ``(B) on the approval of the plan by the Secretary, apply 
     Federal renewable energy credits that the plan demonstrates 
     will be earned within the next 3 calendar years to meet the 
     requirements of subsection (b) for each calendar year 
     involved.
       ``(2) Repayment.--The retail electric supplier shall repay 
     all of the borrowed Federal renewable energy credits by 
     submitting an equivalent number of Federal renewable energy 
     credits, in addition to the credits otherwise required under 
     subsection (b), by calendar year 2022 or any earlier 
     deadlines specified in the approved plan.
       ``(h) Alternative Compliance Payments.--As a means of 
     compliance under subsection (b)(4), the Secretary shall 
     accept payment equal to the lesser of--
       ``(1) 200 percent of the average market value of Federal 
     renewable energy credits and Federal energy efficiency 
     credits for the applicable compliance period; or
       ``(2) 3 cents per kilowatt hour (as adjusted on January 1 
     of each year following calendar year 2006 based on the 
     implicit price deflator for the gross national product).
       ``(i) Information Collection.--The Secretary may collect 
     the information necessary to verify and audit--
       ``(1)(A) the annual renewable energy generation of any 
     retail electric supplier; and
       ``(B) Federal renewable energy credits submitted by a 
     retail electric supplier pursuant to subsection (b)(1);
       ``(2) the validity of Federal renewable energy credits 
     submitted for compliance by a retail electric supplier to the 
     Secretary; and
       ``(3) the quantity of electricity sales of all retail 
     electric suppliers.
       ``(j) Environmental Savings Clause.--Incremental hydropower 
     shall be subject to all applicable environmental laws and 
     licensing and regulatory requirements.
       ``(k) State Programs.--
       ``(1) In general.--Nothing in this section diminishes any 
     authority of a State or political subdivision of a State--
       ``(A) to adopt or enforce any law (including regulations) 
     respecting renewable energy, including programs that exceed 
     the required quantity of renewable energy under this section; 
     or
       ``(B) to regulate the acquisition and disposition of 
     Federal renewable energy credits by retail electric 
     suppliers.
       ``(2) Compliance with section.--No law or regulation 
     referred to in paragraph (1)(A) shall relieve any person of 
     any requirement otherwise applicable under this section.
       ``(3) Coordination with state program.--The Secretary, in 
     consultation with States that have in effect renewable energy 
     programs, shall--
       ``(A) preserve the integrity of the State programs, 
     including programs that exceed the required quantity of 
     renewable energy under this section; and
       ``(B) facilitate coordination between the Federal program 
     and State programs.
       ``(4) Existing renewable energy programs.--In the 
     regulations establishing the program under this section, the 
     Secretary shall incorporate common elements of existing 
     renewable energy programs, including State programs, to 
     ensure administrative ease, market transparency and effective 
     enforcement.
       ``(5) Minimization of administrative burdens and costs.--In 
     carrying out this section, the Secretary shall work with the 
     States to minimize administrative burdens and costs to retail 
     electric suppliers.
       ``(l) Recovery of Costs.--An electric utility that has 
     sales of electric energy that are subject to rate regulation 
     (including any utility with rates that are regulated by the 
     Commission and any State regulated electric utility) shall 
     not be denied the opportunity to recover the full amount of 
     the prudently incurred incremental cost of renewable energy 
     obtained to comply with the requirements of subsection (b).
       ``(m) Program Review.--
       ``(1) In general.--The Secretary shall enter into an 
     arrangement with the National Academy of Sciences under which 
     the Academy shall conduct a comprehensive evaluation of all 
     aspects of the program established under this section.
       ``(2) Evaluation.--The study shall include an evaluation 
     of--
       ``(A) the effectiveness of the program in increasing the 
     market penetration and lowering the cost of the eligible 
     renewable energy technologies;
       ``(B) the opportunities for any additional technologies and 
     sources of renewable energy emerging since the date of 
     enactment of this section;
       ``(C) the impact on the regional diversity and reliability 
     of supply sources, including the power quality benefits of 
     distributed generation;
       ``(D) the regional resource development relative to 
     renewable potential and reasons for any investment in 
     renewable resources; and
       ``(E) the net cost/benefit of the renewable electricity 
     standard to the national and State economies, including--
       ``(i) retail power costs;
       ``(ii) the economic development benefits of investment;
       ``(iii) avoided costs related to environmental and 
     congestion mitigation investments that would otherwise have 
     been required;
       ``(iv) the impact on natural gas demand and price; and
       ``(v) the effectiveness of green marketing programs at 
     reducing the cost of renewable resources.
       ``(3) Report.--Not later than January 1, 2018, the 
     Secretary shall transmit to Congress a report describing the 
     results of the evaluation and any recommendations for 
     modifications and improvements to the program.
       ``(n) State Renewable Energy Account.--
       ``(1) In general.--There is established in the Treasury a 
     State renewable energy account.
       ``(2) Deposits.--All money collected by the Secretary from 
     the alternative compliance payments under subsection (h) 
     shall be deposited into the State renewable energy account 
     established under paragraph (1).
       ``(3) Grants.--
       ``(A) In general.--Proceeds deposited in the State 
     renewable energy account shall be used by the Secretary, 
     subject to annual appropriations, for a program to provide 
     grants--
       ``(i) to the State agency responsible for administering a 
     fund to promote renewable energy generation for customers of 
     the State or an alternative agency designated by the State; 
     or
       ``(ii) if no agency described in clause (i), to the State 
     agency developing State energy conservation plans under 
     section 362 of the Energy Policy and Conservation Act (42 
     U.S.C. 6322).
       ``(B) Use.--The grants shall be used for the purpose of--
       ``(i) promoting renewable energy production; and
       ``(ii) providing energy assistance and weatherization 
     services to low-income consumers.
       ``(C) Criteria.--The Secretary may issue guidelines and 
     criteria for grants awarded under this paragraph.
       ``(D) State-approved funding mechanisms.--At least 75 
     percent of the funds provided to each State for each fiscal 
     year shall be used to promote renewable energy production 
     through grants, production incentives, or other State-
     approved funding mechanisms.
       ``(E) Allocation.--The funds shall be allocated to the 
     States on the basis of retail electric sales subject to the 
     renewable electricity standard under this section or through 
     voluntary participation.
       ``(F) Records.--State agencies receiving grants under this 
     paragraph shall maintain such records and evidence of 
     compliance as the Secretary may require.''.
       (b) Table of Contents Amendment.--The table of contents of 
     the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 
     prec. 2601) is amended by adding at the end of the items 
     relating to title VI the following:

``Sec. 609. Rural and remote communities electrification grants.
``Sec. 610. Renewable electricity standard.''.

                          ____________________