[Congressional Record (Bound Edition), Volume 154 (2008), Part 16]
[House]
[Pages 21850-21860]
[From the U.S. Government Publishing Office, www.gpo.gov]




  PROVIDING FOR CONSIDERATION OF H.R. 7060, RENEWABLE ENERGY AND JOB 
                        CREATION TAX ACT OF 2008

  Mr. ARCURI. Madam Speaker, by direction of the Committee on Rules, I 
call up House Resolution 1502 and ask for its immediate consideration.
  The Clerk read the resolution, as follows:

                              H. Res. 1502

       Resolved, That upon the adoption of this resolution it 
     shall be in order to consider in the House the bill (H.R. 
     7060) to amend the Internal Revenue Code of 1986 to provide 
     incentives for energy production and conservation, to extend 
     certain expiring provisions, to provide individual income tax 
     relief, and for other purposes. All points of order against 
     consideration of the bill are waived except those arising 
     under clause 10 of rule XXI. The bill shall be considered as 
     read. All points of order against the bill are waived. The 
     previous question shall be considered as ordered on the bill 
     to final passage without intervening motion except: (1) one 
     hour of debate equally divided and controlled by the chairman 
     and ranking minority member of the Committee on Ways and 
     Means; and (2) one motion to recommit.
       Sec. 2. During consideration of H.R. 7060 pursuant to this 
     resolution, notwithstanding the operation of the previous 
     question, the Chair may postpone further consideration of the 
     bill to such time as may be designated by the Speaker.
       Sec. 3. House Resolutions 1489 and 1501 are laid on the 
     table.

  The SPEAKER pro tempore. The gentleman from New York is recognized 
for 1 hour.
  Mr. ARCURI. Madam Speaker, for purpose of debate only, I yield the 
customary 30 minutes to the gentleman from Texas (Mr. Sessions). All 
time yielded during consideration of the rule is for debate only.


                             General Leave

  Mr. ARCURI. Madam Speaker, I ask unanimous consent that all Members 
have 5 legislative days in which to revise and extend their remarks and 
insert extraneous material into the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. ARCURI. I yield myself such time as I may consume.
  Madam Speaker, House Resolution 1502 provides for consideration of 
H.R. 7060, the Renewable Energy and Job Creation Tax Act. The rule 
provides 1 hour of debate equally divided and controlled by the 
chairman and ranking minority member of the Committee on Ways and 
Means.
  Madam Speaker, I rise today in support of this rule because American 
families and small businesses need tax relief now more than ever. This 
rule will allow us to bring legislation to the House floor later today 
or tomorrow that will not only strengthen our economy by directing tax 
relief to middle class families and in creating jobs with small 
businesses but also help to bring this country into a new alternative 
energy future.
  Madam Speaker, I urge my colleagues on both sides of the aisle to 
support this rule and the underlying legislation.
  I reserve the balance of my time.
  Mr. SESSIONS. Madam Speaker, I thank the gentleman, my friend from 
New York, for coming back down to redo this rule.
  Madam Speaker, we are here because earlier in the day, just a few 
hours ago, it was discovered that the 64th closed rule, which set a 
brand new record for a United States Congress, contained several 
errors. And so we debated this issue already on the floor.
  Here we are for the 65th now closed rule, a brand new record for the 
United States Congress--one which I'm not proud of--and from a Speaker 
who says that this Congress would be the most open, honest, and ethical 
Congress ever, a brand new closed rule record has occurred today.
  Madam Speaker, we went back up to the Rules Committee just a few 
minutes ago. The gentleman from Oregon (Mr. Walden) came back and was 
present to hear the Rules Committee slam dunk his request again, which 
was an opportunity based upon a colloquy that took place this afternoon 
just a few minutes ago between the majority leader, Mr. Hoyer, and 
myself, about consideration of Mr. Walden's amendment. The amendment is 
of grave nature not only to 41 States but thousands of communities.
  And at this time I would like to yield such time as he may consume to 
the gentleman from Oregon (Mr. Walden) to explain where we are in this 
process and what we're going to do on moving forward.
  Mr. WALDEN of Oregon. I want to thank my colleague and friend from 
Texas for yielding the time to me at this time.
  I'm bitterly disappointed, frankly, that we find ourselves back here 
on this floor once again without an opportunity even to offer up an 
alternative. And to put it in perspective for my colleagues who may not 
frequent the Rules Committee, ``closed rule'' means that the minority 
has no opportunity to offer up an alternative. Period. No

[[Page 21851]]

opportunity to come to this floor in this great democratic institution, 
the finest in the world, and have a chance to have a vote on an 
alternative to this measure. That's what a closed rule is. You shut it 
down, you shut out everybody else. You got your way. You run the train, 
and you ran right over the top of literally half the people in America, 
nearly, who are represented on this side of the aisle.
  So what does that mean? It means the amendment that I hoped would be 
allowed to at least be debated and considered here will not be.
  I appreciate my colleague from Washington's Fourth District, Doc 
Hastings, the gentleman from Pasco, Washington, who offered the 
amendment. And it was defeated on a strict party-line partisan vote 
that precludes our opportunity here on the floor when it went down to 
defeat to even have a discussion about what it means to the 20 counties 
I represent and the many that he does and the 4,400 school districts 
and multi-hundred counties in 42 States that have had their revenue 
sharing cut off because this Congress, this Congress has failed to 
reauthorize county payments program.
  So why are we here?
  The Senate had a similar bill to this. It passed 93-2. Huge 
bipartisan effort trying to get the problem solved for this country. 
That would have extended these extenders that help on renewable energy, 
which I'm a big fan of. It also took care of this enormously important 
issue to the West because it is principally a western issue because, 
frankly, that's where the Federal lands are is in the West.
  Now I know that other counties and other school districts around the 
country are affected, certainly, and this legislation could have helped 
them had it been allowed to be offered, but it's not being offered. But 
nobody is affected more than my colleague from the Fourth District in 
Oregon and myself, our constituents, some of whom now are out of work.
  The largest county in my district had to close all of its public 
libraries. Most of the road departments in my district have been cut in 
half, perhaps more. Now in some counties there's one road person for 
every 100 miles of road. Many of the roads will be turned back to 
gravel, back to gravel. That's not progress in America.
  And the Rules Committee had the jurisdiction, has the authority to 
prevent that from happening by at least allowing us to have a vote. Not 
once, not twice, but multiple times they denied that vote.
  Now the gentleman from New York raised in the discussion of the Rules 
Committee about a bill that was brought to the floor that would have 
reauthorized county schools and roads for 4 years. I was cosponsor of 
that bill originally under the premise and promise that when it came to 
the floor it would have a different pay-for because that's what was 
promised in the Resources Committee, and that payment in lieu of taxes 
would be included in that bill when it came to the floor--that was the 
promise, and it was broken. It came to the floor differently.
  The gentleman will say, Well, you're in the pocket of Big Oil because 
we wanted to raise the fees on oil companies to pay for it. Well, 
please. Under the conservation of resource fee that is allowable under 
the contract at issue here, the leases, you can add that fee but you 
can't use it to pay for county payments. The courts have looked at this 
issue. You can use it to do resource work around the shorelines and 
all, but you violate contracts when you do it the way you all brought 
it to the floor.
  So, we can argue about that. I happen to believe I'm right. I'm 
right, I know, in that the promises were broken when it came to the 
floor.
  In addition to that, I also believe that you all have the power to 
decide how bills come to the floor. You made the decision to bring it 
under suspension of the rules, had to suspend the rules of the House, 
requiring a two-thirds majority for that to be passed in this House. 
And it failed.
  And the reason you brought it to the floor under suspension was so 
that the Republicans could offer no alternative, because that's the 
issue, isn't it? When you bring a bill under suspension, you and I both 
know, all of us know the minority has no chance to offer an 
alternative; it's an up-or-down vote. So we had the up-or-down vote, 
and it failed.
  So then the bill went away, except we also know that you in the 
majority are most powerful and in the Rules Committee have a 2-to-1 
plus one vote. You could craft a rule tonight, just as you have done 
here, and you could bring that bill back to the floor tomorrow, 
couldn't you, because you have got 218 votes for it. You didn't get the 
two-thirds. You got 218. So any day since that bill failed on the floor 
on suspension, you could have brought it back.
  And you could have sent it to the Senate. If you'd had the same pay-
for, it would still violate contracts. The Senate's repeatedly refused 
to accept that pay-for, oh, by the way, I was told repeatedly it was 
nothing but a placeholder, anyway, and it was never going to be used to 
fund the bill. So it was never really going to get the job done.
  This bill that the Senate sent to us would get the job done. It's 
honest. It's direct. It would pay for 4 years of county payments in 
PILT. It would put our people back to work. It would help people deal 
with the problems in our Nation's forests that are so, so at risk of 
fire and destruction. It would allow the funding to go back to the 
communities, to our schools, so that teachers could be hired rather 
than fired; so we could maintain the roads that lead to our national 
forests; so that we could pay for search and rescue; so we could 
actually have collaborative efforts again under title II to go out and 
bring people together and do what needs to be done in our forests.
  You have that power in the majority. We had it when we were in the 
majority, and those who criticized us for not getting this reauthorized 
when it just went to expiration, you're right. I was frustrated with 
our own majority that we couldn't get it done. I take that criticism. I 
leveled that criticism because I am so passionate about the need to 
maintain this partnership that's now been broken not for 1 year but for 
2.
  And this is today. Today is when you make the decision to move 
forward or not. This is today. It's actually tonight. And we've had two 
shots today where you could have given us this alternative to at least 
have a vote on the floor.
  So my colleague from Texas, I apologize for my time. I do not 
apologize for my passion on the need to get a chance to at least have a 
real vote on a real measure that the President would sign and that the 
Senate's approved.
  So I am bitterly disappointed tonight that for the second time in one 
day we have been denied on a party-line vote the opportunity to even 
have this amendment be considered on the floor of this great democratic 
institution.
  Mr. ARCURI. I do appreciate the passion of the gentleman from Oregon.
  This is an important issue. It's so important that when this bill 
came to the floor back in June when Congressman DeFazio offered it, I 
supported it. I guess it's about priorities, Madam Speaker. And the 
priorities are what do you do to pay for it.
  Now, first off, this bill is about energy, it's about tax extenders.
  First off, the proposal, the amendment that the gentleman is talking 
about, is not germane to this bill, first and foremost.
  Secondarily, there is no pay-for-it in it.
  Now 2, 3 months ago when there was a pay-for in it, we couldn't get 
it passed because not enough people on the other side of the aisle 
would support it. And the fact of the matter is, you know, we did pay 
for it with royalty payments from oil companies.
  And for me it's very easy. Let's look at what our priority is. Let's 
see: the priorities of large oil companies or the priorities of rural 
school districts.
  Mr. WALDEN of Oregon. Would the gentleman yield?
  Mr. ARCURI. No. You had your time, and I was courteous to you, and I 
would appreciate if you would allow me to finish my thoughts.
  It's pretty easy for me when you look at oil companies and you look 
at

[[Page 21852]]

school districts, that's a no-brainer. Yet people on that side of the 
aisle voted against it because it had a pay-for in it.
  Well, Madam Speaker, I just think, one, this is not germane; two, 
it's not paid for. Clearly I will support it with the pay-for that was 
in it last month, but I think clearly without any question it's unfair 
for the gentleman to characterize it the way he has.
  I reserve the balance of my time.
  Mr. SESSIONS. Madam Speaker, I thought we were going to get done real 
quickly here. We're not.
  The gentleman is right. It's a simple matter. Republicans are upset, 
also, about the high price of oil. We do not want to pass on higher 
taxes. The Democrat majority seeks something every single day to have 
Big Oil pay more and more and more money in taxes. Well, all that does 
is raise the price of oil. And you're right. You're darn right. The 
Republican Party is not for that.
  I would also remind the gentleman that it takes a two-thirds vote, 
not a simple majority. And so it failed on a higher standard.
  I would yield at this time 3 minutes to the gentleman from Oregon.
  Mr. WALDEN of Oregon. I thank the gentleman. I wonder if the 
gentleman from New York would yield to a question or be willing to 
accept a question.
  And the question is why, given the status of the majority, did you 
not bring that bill back under a rule or allow it to come to the floor 
under a rule to begin with? You're on the Rules Committee.

                              {time}  1915

  Mr. ARCURI. Is the gentleman asking me a question?
  Mr. WALDEN of Oregon. Yes.
  Mr. ARCURI. I guess I would return and ask you the question. Why 
wasn't it passed when we brought it? Why didn't you get more people on 
your side of the aisle to support it? I mean, it's a legitimate 
question. I voted for it. I think it was a good idea.
  Mr. WALDEN of Oregon. Reclaiming my time, but answer me this 
question. Why did the majority decide it had to come under suspension 
of the rules, denying the minority to have an alternative?
  Mr. ARCURI. Nor did you answer my question. I think it's a legitimate 
question I asked. Why wasn't it supported?
  Mr. WALDEN of Oregon. I'll answer your question very clearly, because 
of two reasons. One, the majority did not include payment in lieu of 
taxes in the bill, which they promised when it left the Resources 
Committee they would do. Two, they also promised that pay-for was 
nothing but a placeholder that would be removed before it came to the 
floor. So that wasn't done correctly. And three, you violate contracts, 
which I didn't come to Congress to violate contracts. I never did it in 
21 years in private business. I wasn't going to do it here.
  And it's not a royalty fee, by the way, that you had. It was a fee on 
conservation and resource, which the courts have looked at and said you 
can assess but you have to spend it for that purpose and that purpose 
only, and county payments doesn't fit that category. And you have used 
it multiple times and the Senate has rejected it. So it wasn't going to 
work.
  So now I've answered your question. You answer mine. Why don't you 
bring it tomorrow to the floor under a rule?
  Mr. ARCURI. Because there's not a pay-for for it.
  Mr. WALDEN of Oregon. You told me there was a pay-for.
  Mr. ARCURI. No, there's not a pay-for in this--do you want to ask me 
the question?
  Mr. WALDEN of Oregon. I do.
  Mr. ARCURI. There's not a pay-for in the amendment you are offering.
  Mr. WALDEN of Oregon. I'm talking about the bill that came up in June 
that was defeated on a suspension vote. You could have turned around 
the next day if you felt so passionately--you're on the Rules 
Committee--and brought it to the floor under a rule, couldn't you?
  Mr. ARCURI. No, we could not have done that in the Rules Committee.
  Mr. WALDEN of Oregon. Why?
  Mr. ARCURI. We could not have just brought it up in the Rules 
Committee.
  Mr. WALDEN of Oregon. Why? Of course you could. You do it all the 
time. A bill goes down on suspension--we did it, you do it--you bring 
it back under a rule the next day or a week later. You had 218 votes on 
the floor.
  Mr. ARCURI. I think the question is what is your priority--
  Mr. WALDEN of Oregon. Reclaiming my time, you refuse to answer why 
your majority doesn't bring it back up under a rule. It only takes 218 
to pass it under a rule, a majority of those present. You had 218 that 
day.
  You see the point is, you wouldn't bring it up under a rule because 
you wanted no debate on a real alternative or any other amendment that 
would be allowed under a rule. You could have passed it the next day 
and sent it on to the Senate. You chose not to. I don't control the 
Rules Committee. You all dominate it two-to-one plus one.
  So if you care about school kids, you bring it up in a way that 
doesn't violate contracts, that actually could pay for it, or you allow 
us to bring it up under this bill or you put it in the continuing 
resolution or when the Senate sent it over as a 1-year extension--
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. SESSIONS. I yield the gentleman an additional 2 minutes.
  Mr. WALDEN of Oregon. Or when the Senate sent over a 1-year funding 
package in the emergency supplemental, why did the House leadership 
strike it there?
  There have been multiple opportunities this year to deal with this 
issue in multiple ways, and we are told that Sunday night we're going 
to be done and out of here for the session.
  And every time somebody says to me, well, gee, I'm all for it but 
we've got to do it later on or this bill or that bill or not this bill 
or that bill. We're out of time. The layoffs have already occurred. The 
jobs are gone. The communities are suffering. The law enforcement 
officials have been let go.
  I don't know where to go from here. I'm bitterly disappointed that we 
have these silly arguments when we ought to be passing legislation that 
actually helps real people in real places.
  Mr. ARCURI. I continue to reserve my time.
  Mr. SESSIONS. Madam Speaker, at this time, I'd like to yield 3 
minutes to the gentleman from Idaho (Mr. Sali).
  Mr. SALI. Madam Speaker, continuing on the line of the previous 
speaker on this side, the bill that was before us last month, that did 
provide for secure rural schools funding, I did vote for it in 
committee because we were promised that it would have a different pay-
for by the time it got to the floor and that PILT funding would be in 
at 100 percent. And I did vote against it when it got to the floor here 
because it didn't have a pay-for. What it had was a bunch of baloney in 
it.
  Now, the money that's supposed to come from Big Oil, as has been 
referred to by the other side, there's a Supreme Court case that is a 
9-0 ruling that says that that money will never, ever, ever be used in 
Idaho.
  Madam Speaker, my district is over 62 percent federally administered 
land. I have counties that are over 80 percent federally administered 
land. Imagine what that does to the tax base for your schools. And that 
is the real problem that we're trying to address here.
  Well, the gentleman controlling time on the other side said, well, 
you know, we just can't include it this time and we included it last 
time, a month ago in the last bill and you wouldn't support it. Madam 
Speaker, these are real life people we're talking about. These are 
school kids whose teachers get laid off because the local school 
district can't afford to pay them.
  These are local road districts who are trying to figure out how to 
make roads so that when you come to Idaho to enjoy those public lands 
we can actually get to them. These are real people trying to deal with 
real problems.
  Madam Speaker, if this country wants to have federally administered 
land in the State of Idaho, I can tell you, I understand why. It is a 
beautiful, beautiful State. The recreation opportunities are great. 
There are places in Idaho that offer world-class

[[Page 21853]]

recreation. But when are we going to take care of the people of Idaho?
  You want to blame it on a baloney pay-for that will never get money 
to Idaho? If we'd have voted for this and passed it last month and it 
had become law, you know what we would have given the people of the 
State of Idaho? An empty bag. They would never have gotten a penny of 
that money.
  So how will they pay for those teachers? How will they pay for those 
roads that you might want to drive on to come see the beauty of the 
State of Idaho?
  Madam Speaker, the idea that this comes down under a closed rule, 
that we can't even talk about it in this bill, we can't even offer 
another pay-for that would get real money on the ground in Idaho I 
think is a shame to this body.
  Mr. ARCURI. Madam Speaker, I have no doubt that the gentleman is very 
concerned with the real people on the ground. There's absolutely no 
doubt. It is the gravest concern to all of us.
  The fact of the matter is, when you weigh the needs of the 
individuals against the needs of oil companies, how can you call that a 
bunch of baloney? If the royalties, the taxes that we're placing on oil 
companies are going to be there to help people in rural schools, that's 
nothing? That's not baloney. That's the real thing. That's what we're 
doing to help children, and yet they forget about that.
  Yet he doesn't even mention it. He talks as if that doesn't exist, 
that it's just a bunch of baloney. It's not baloney. It's the real 
thing. That's what we came to Congress to do. And yet they want us to 
put the needs of oil companies ahead of the needs of individuals. It's 
just not the right thing to do.
  This bill's not about that. This bill is about renewable tax credits 
so that we can become energy independent, so that we could stop being 
reliant on the big oil companies and on foreign oil so that we can 
develop renewable energy. That's what this bill is about. That's what 
this rule is about.
  I reserve the balance of my time.
  Mr. SESSIONS. Madam Speaker, I yield 2 minutes to the gentleman from 
Idaho.
  Mr. SALI. Madam Speaker, I'm going to urge everyone to just listen 
closely to what I have to say here.
  There are two reasons why the pay-for doesn't work that was in the 
bill last month. And these are a matter of court cases, and I want to 
remind everybody again, the one that went to the Supreme Court was a 9-
0 ruling. There are very few of those that come along.
  The first reason is because the courts have said you cannot go back 
and change a contract that has been made. You just can't do it, except 
in some very, very narrow areas that were recognized by the court.
  The other reason is because, in those narrow areas, you can't use 
that money in the State of Idaho. I don't care if you tax the oil 
companies to kingdom come. There is not a penny that was in that pay-
for in that bill last month that would ever end up in Idaho. And that's 
the reason why I voted against that bill, because it would have left 
the State of Idaho--had we passed it, had it become law, it would have 
left the State of Idaho holding an empty bag.
  And let me tell you something, Madam Speaker, an empty bag will not 
pay a teacher's salary. It will not pave a road in the State of Idaho 
so that you can come visit Idaho and come visit the natural beauty 
there, which is amazing.
  Madam Speaker, this not about whether we're going to prefer Big Oil. 
It's not about priority. It's a matter of responsibility of the 
Congress of the United States. If you're going to come to my State, if 
you're going to come to my district and you're going to impose Federal 
administration on the lands that are in my district, then step up to 
the plate and have the responsibility so that you don't leave us 
holding an empty bag, so that you don't leave us without a tax base so 
that we can pay our teachers and pave our roads.
  It is the responsibility of this Congress, and the idea that we would 
come here with this bill under a closed rule and shut us out is a shame 
on this body.
  Mr. ARCURI. Well, if what the gentleman says is true--and I have no 
reason to doubt that--that means that he voted against it despite the 
fact it would have helped all the other rural school districts in the 
country because it didn't do anything for his State.
  And I certainly can sympathize with the fact that he would be upset 
that it didn't do anything for his State, but the bill would have done 
a great deal for the rural school districts throughout the rest of the 
country at the expense of large oil companies.
  So again from my way of thinking, when you weigh the overall good of 
rural school districts versus oil companies, the rural school districts 
win every time.
  I reserve the balance of my time.
  Mr. SESSIONS. Madam Speaker, I'd like to inquire, if I could, from 
the gentleman from New York if he has any additional speakers?
  Mr. ARCURI. No, I do not.
  Mr. SESSIONS. I thank the gentleman.
  Madam Speaker, I think unfortunately this whole argument today has 
boiled down to a desire from the Democrat majority to simply tax Big 
Oil, and it's used over and over and over and over and over and over 
and over again as the reason we ought to have pay-fors to get taxes 
paid for, to get schools paid for, stick it to Big Oil. There's almost 
no germaneness. There's no reason to do that.
  The opportunity that we have in this country, the Republican Party 
stands here day after day saying we need oil companies to be able to 
deliver American resources in this country. And every time you just go 
and raise their taxes, all you do is do what we're very effectively 
doing, and that is, we have to buy our resources from somewhere 
offshore. That's why we've almost doubled the amount of payment now 
overseas. I mean, it's gone to $800 billion our foreign payments, and 
it's double. That's how they keep building Dubai, that's how they build 
big cities, big countries, because the Democratic Party wants that. 
They want America to come to its knees, to have to pay higher and 
higher taxes.
  They don't like oil. They want oil to have to dwindle to nothing, and 
I think it's a sad day. I think it's a sad day that we have to do it in 
this bill.
  We already know where they are. We know where the Democrat Party is. 
They do not like oil companies. They do not want to drill. They do not 
want the price of energy to come down.
  If this election is held, the American people will have a chance to 
decide what the answer is. We already know what that answer is, but 
once again, on a simple bill, stick it to Big Oil. Well, that's how you 
stick it to consumers, and I think it's pretty sad.
  Madam Speaker, we've been through this all day. The bottom line is 
that the gentleman from Oregon is going to get a vote on the amendment 
that we talked about. The Rules Committee did not make it in order, not 
once but twice did not make it in order.

                              {time}  1930

  I ask unanimous consent to have the text of the amendment and 
extraneous material inserted into the Record prior to the vote on the 
previous question, of which I'm going to ask that the opportunity for 
the amendment offered by myself for Mr. Walden be a part of what the 
previous question, when it's defeated, we will do.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Texas?
  There was no objection.
  Mr. SESSIONS. Madam Speaker, I yield back the balance of my time.
  Mr. ARCURI. I thank my friend from Texas for his comments.
  You know, I used to be an attorney. And when I used to practice, I 
tried a lot of cases. And when we would start our cases and we would 
make our opening arguments and we would proceed through the closing 
arguments, I always knew how good the case was on the part of the other 
side, especially during openings, because when the other side talked 
about the facts in the case, you knew they had a very good case. But 
when they talked about everything else except the facts, you knew they 
didn't have a very good

[[Page 21854]]

case. Such is what we are seeing here tonight. They're talking about 
everything but what this rule is about. This rule is about creating a 
rule so that we can have tax extenders, so that we can promote 
alternative energy in this country, something that everyone says that 
we need to do, and we are doing it in a responsible way with a pay-for.
  Now, it's great they talk about things that they would like to do, 
other proposals, other amendments, but no one says where the pay-for is 
going to come from. So where is that pay-for going to come from? Are we 
going to just borrow and spend our way to it? I mean, we're borrowing 
$700 billion now, what's a little bit more? We had a pay-for in it when 
the bill was offered 2 weeks ago, yet it wasn't voted for. But what are 
they talking about? Everything but what we're here for today.
  Now they want to bring up oil again, as if the Democrats don't care 
about oil prices, as if the Democrats hadn't just passed a bill that 
did a number of things to bring energy prices down in the short term, 
in the middle term, in the long term; but that's not enough. They don't 
want to talk about what we're here for today because then the American 
people might look at it and say the Democrats have the right idea; they 
want to create tax incentives so we can have real alternative energy in 
this country and not be dependent on foreign oil, not be dependent on 
our big oil companies.
  No, Madam Speaker, we do not have anything against the big oil 
companies, we just think our priorities should be here on this 
particular bill with a pay-for and with creating tax incentives so that 
we can produce renewable, green-collar jobs right here in this country, 
jobs that cannot be outsourced or shipped overseas. That's what this 
rule is about.
  Supporting this rule and the tax relief legislation we will consider 
is simply common sense. We can provide tax relief and incentives for 
middle class families, spur innovation, create tens of thousands of new 
jobs, reduce our dependence on oil from hostile nations, and reduce 
greenhouse gases at the same time. And we can do it all in a fiscally 
responsible manner, pay for it today, not spread it out on our children 
and grandchildren.
  I urge my colleagues to vote ``yes'' on the previous question and the 
rule.
  The material previously referred to by Mr. Sessions is as follows:

      Amendment to H. Res. 1502 Offered by Rep. Sessions of Texas

       Strike all after the resolved clause and insert the 
     following:
       That upon the adoption of this resolution it shall be in 
     order to consider in the House the bill (H.R. 7060) to amend 
     the Internal Revenue Code of 1986 to provide incentives for 
     energy production and conservation, to extend certain 
     expiring provisions, to provide individual income tax relief, 
     and for other purposes. All points of order against 
     consideration of the bill are waived except those arising 
     under clause 10 of rule XXI. The bill shall be considered as 
     read. All points of order against the bill are waived. The 
     previous question shall be considered as ordered on the bill, 
     and any amendment thereto, to final passage without 
     intervening motion except: (1) one hour of debate equally 
     divided and controlled by the chairman and ranking minority 
     member of the Committee on Ways and Means; (2) the amendment 
     relating to the reauthorization of the Secure Rural Schools 
     and Community Self-Determination Act printed in section 4 of 
     this resolution, if offered by Representative Walden of 
     Oregon or his designee, which shall be in order without 
     intervention of any point of order, shall be considered as 
     read, and shall be separately debatable for one hour equally 
     divided and controlled by the proponent and an opponent; and 
     (3) one motion to recommit with or without instructions.
       Sec. 2. During consideration of H.R. 7060 pursuant to this 
     resolution, notwithstanding the operation of the previous 
     question, the Chair may postpone further consideration of the 
     bill to such time as may be designated by the Speaker.
       Sec. 3. House Resolutions 1489 and 1501 are laid on the 
     table.
       Sec. 4. The amendment referred to in section 1 is as 
     follows:
       At the end of the bill add the following new section:

     SEC. 409. SECURE RURAL SCHOOLS AND COMMUNITY SELF-
                   DETERMINATION PROGRAM.

       (a) Reauthorization of the Secure Rural Schools and 
     Community Self-Determination Act of 2000.--The Secure Rural 
     Schools and Community Self-Determination Act of 2000 (16 
     U.S.C. 500 note; Public Law 106-393) is amended by striking 
     sections 1 through 403 and inserting the following:

     ``SECTION 1. SHORT TITLE.

       ``This Act may be cited as the `Secure Rural Schools and 
     Community Self-Determination Act of 2000'.

     ``SEC. 2. PURPOSES.

       ``The purposes of this Act are--
       ``(1) to stabilize and transition payments to counties to 
     provide funding for schools and roads that supplements other 
     available funds;
       ``(2) to make additional investments in, and create 
     additional employment opportunities through, projects that--
       ``(A)(i) improve the maintenance of existing 
     infrastructure;
       ``(ii) implement stewardship objectives that enhance forest 
     ecosystems; and
       ``(iii) restore and improve land health and water quality;
       ``(B) enjoy broad-based support; and
       ``(C) have objectives that may include--
       ``(i) road, trail, and infrastructure maintenance or 
     obliteration;
       ``(ii) soil productivity improvement;
       ``(iii) improvements in forest ecosystem health;
       ``(iv) watershed restoration and maintenance;
       ``(v) the restoration, maintenance, and improvement of 
     wildlife and fish habitat;
       ``(vi) the control of noxious and exotic weeds; and
       ``(vii) the reestablishment of native species; and
       ``(3) to improve cooperative relationships among--
       ``(A) the people that use and care for Federal land; and
       ``(B) the agencies that manage the Federal land.

     ``SEC. 3. DEFINITIONS.

       ``In this Act:
       ``(1) Adjusted share.--The term `adjusted share' means the 
     number equal to the quotient obtained by dividing--
       ``(A) the number equal to the quotient obtained by 
     dividing--
       ``(i) the base share for the eligible county; by
       ``(ii) the income adjustment for the eligible county; by
       ``(B) the number equal to the sum of the quotients obtained 
     under subparagraph (A) and paragraph (8)(A) for all eligible 
     counties.
       ``(2) Base share.--The term `base share' means the number 
     equal to the average of--
       ``(A) the quotient obtained by dividing--
       ``(i) the number of acres of Federal land described in 
     paragraph (7)(A) in each eligible county; by
       ``(ii) the total number of acres of Federal land in all 
     eligible counties in all eligible States; and
       ``(B) the quotient obtained by dividing--
       ``(i) the amount equal to the average of the 3 highest 25-
     percent payments and safety net payments made to each 
     eligible State for each eligible county during the 
     eligibility period; by
       ``(ii) the amount equal to the sum of the amounts 
     calculated under clause (i) and paragraph (9)(B)(i) for all 
     eligible counties in all eligible States during the 
     eligibility period.
       ``(3) County payment.--The term `county payment' means the 
     payment for an eligible county calculated under section 
     101(b).
       ``(4) Eligible county.--The term `eligible county' means 
     any county that--
       ``(A) contains Federal land (as defined in paragraph (7)); 
     and
       ``(B) elects to receive a share of the State payment or the 
     county payment under section 102(b).
       ``(5) Eligibility period.--The term `eligibility period' 
     means fiscal year 1986 through fiscal year 1999.
       ``(6) Eligible state.--The term `eligible State' means a 
     State or territory of the United States that received a 25-
     percent payment for 1 or more fiscal years of the eligibility 
     period.
       ``(7) Federal land.--The term `Federal land' means--
       ``(A) land within 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)) exclusive of the 
     National Grasslands and land utilization projects designated 
     as National Grasslands administered pursuant to the Act of 
     July 22, 1937 (7 U.S.C. 1010-1012); and
       ``(B) such portions of the revested Oregon and California 
     Railroad and reconveyed Coos Bay Wagon Road grant land as are 
     or may hereafter come under the jurisdiction of the 
     Department of the Interior, which have heretofore or may 
     hereafter be classified as timberlands, and power-site land 
     valuable for timber, that shall be managed, except as 
     provided in the former section 3 of the Act of August 28, 
     1937 (50 Stat. 875; 43 U.S.C. 1181c), for permanent forest 
     production.
       ``(8) 50-Percent adjusted share.--The term `50-percent 
     adjusted share' means the number equal to the quotient 
     obtained by dividing--
       ``(A) the number equal to the quotient obtained by 
     dividing--
       ``(i) the 50-percent base share for the eligible county; by
       ``(ii) the income adjustment for the eligible county; by
       ``(B) the number equal to the sum of the quotients obtained 
     under subparagraph (A) and paragraph (1)(A) for all eligible 
     counties.

[[Page 21855]]

       ``(9) 50-Percent base share.--The term `50-percent base 
     share' means the number equal to the average of--
       ``(A) the quotient obtained by dividing--
       ``(i) the number of acres of Federal land described in 
     paragraph (7)(B) in each eligible county; by
       ``(ii) the total number acres of Federal land in all 
     eligible counties in all eligible States; and
       ``(B) the quotient obtained by dividing--
       ``(i) the amount equal to the average of the 3 highest 50-
     percent payments made to each eligible county during the 
     eligibility period; by
       ``(ii) the amount equal to the sum of the amounts 
     calculated under clause (i) and paragraph (2)(B)(i) for all 
     eligible counties in all eligible States during the 
     eligibility period.
       ``(10) 50-Percent payment.--The term `50-percent payment' 
     means the payment that is the sum of the 50-percent share 
     otherwise paid to a county pursuant to title II of the Act of 
     August 28, 1937 (chapter 876; 50 Stat. 875; 43 U.S.C. 1181f), 
     and the payment made to a county pursuant to the Act of May 
     24, 1939 (chapter 144; 53 Stat. 753; 43 U.S.C. 1181f-1 et 
     seq.).
       ``(11) Full funding amount.--The term `full funding amount' 
     means--
       ``(A) $500,000,000 for fiscal year 2008; and
       ``(B) for fiscal year 2009 and each fiscal year thereafter, 
     the amount that is equal to 90 percent of the full funding 
     amount for the preceding fiscal year.
       ``(12) Income adjustment.--The term `income adjustment' 
     means the square of the quotient obtained by dividing--
       ``(A) the per capita personal income for each eligible 
     county; by
       ``(B) the median per capita personal income of all eligible 
     counties.
       ``(13) Per capita personal income.--The term `per capita 
     personal income' means the most recent per capita personal 
     income data, as determined by the Bureau of Economic 
     Analysis.
       ``(14) Safety net payments.--The term `safety net payments' 
     means the special payment amounts paid to States and counties 
     required by section 13982 or 13983 of the Omnibus Budget 
     Reconciliation Act of 1993 (Public Law 103-66; 16 U.S.C. 500 
     note; 43 U.S.C. 1181f note).
       ``(15) Secretary concerned.--The term `Secretary concerned' 
     means--
       ``(A) the Secretary of Agriculture or the designee of the 
     Secretary of Agriculture with respect to the Federal land 
     described in paragraph (7)(A); and
       ``(B) the Secretary of the Interior or the designee of the 
     Secretary of the Interior with respect to the Federal land 
     described in paragraph (7)(B).
       ``(16) State payment.--The term `State payment' means the 
     payment for an eligible State calculated under section 
     101(a).
       ``(17) 25-Percent payment.--The term `25-percent payment' 
     means the payment to States required by the sixth paragraph 
     under the heading of `FOREST SERVICE' in the Act of May 23, 
     1908 (35 Stat. 260; 16 U.S.C. 500), and section 13 of the Act 
     of March 1, 1911 (36 Stat. 963; 16 U.S.C. 500).

 ``TITLE I--SECURE PAYMENTS FOR STATES AND COUNTIES CONTAINING FEDERAL 
                                  LAND

     ``SEC. 101. SECURE PAYMENTS FOR STATES CONTAINING FEDERAL 
                   LAND.

       ``(a) State Payment.--For each of fiscal years 2008 through 
     2011, the Secretary of Agriculture shall calculate for each 
     eligible State an amount equal to the sum of the products 
     obtained by multiplying--
       ``(1) the adjusted share for each eligible county within 
     the eligible State; by
       ``(2) the full funding amount for the fiscal year.
       ``(b) County Payment--For each of fiscal years 2008 through 
     2011, the Secretary of the Interior shall calculate for each 
     eligible county that received a 50-percent payment during the 
     eligibility period an amount equal to the product obtained by 
     multiplying--
       ``(1) the 50-percent adjusted share for the eligible 
     county; by
       ``(2) the full funding amount for the fiscal year.

     ``SEC. 102. PAYMENTS TO STATES AND COUNTIES.

       ``(a) Payment Amounts.--Except as provided in section 103, 
     the Secretary of the Treasury shall pay to--
       ``(1) a State or territory of the United States an amount 
     equal to the sum of the amounts elected under subsection (b) 
     by each county within the State or territory for--
       ``(A) if the county is eligible for the 25-percent payment, 
     the share of the 25-percent payment; or
       ``(B) the share of the State payment of the eligible 
     county; and
       ``(2) a county an amount equal to the amount elected under 
     subsection (b) by each county for--
       ``(A) if the county is eligible for the 50-percent payment, 
     the 50-percent payment; or
       ``(B) the county payment for the eligible county.
       ``(b) Election To Receive Payment Amount.--
       ``(1) Election; submission of results.--
       ``(A) In general.--The election to receive a share of the 
     State payment, the county payment, a share of the State 
     payment and the county payment, a share of the 25-percent 
     payment, the 50-percent payment, or a share of the 25-percent 
     payment and the 50-percent payment, as applicable, shall be 
     made at the discretion of each affected county by August 1, 
     2008 (or as soon thereafter as the Secretary concerned 
     determines is practicable), and August 1 of each second 
     fiscal year thereafter, in accordance with paragraph (2), and 
     transmitted to the Secretary concerned by the Governor of 
     each eligible State.
       ``(B) Failure to transmit.--If an election for an affected 
     county is not transmitted to the Secretary concerned by the 
     date specified under subparagraph (A), the affected county 
     shall be considered to have elected to receive a share of the 
     State payment, the county payment, or a share of the State 
     payment and the county payment, as applicable.
       ``(2) Duration of election.--
       ``(A) In general.--A county election to receive a share of 
     the 25-percent payment or 50-percent payment, as applicable, 
     shall be effective for 2 fiscal years.
       ``(B) Full funding amount.--If a county elects to receive a 
     share of the State payment or the county payment, the 
     election shall be effective for all subsequent fiscal years 
     through fiscal year 2011.
       ``(3) Source of payment amounts.--The payment to an 
     eligible State or eligible county under this section for a 
     fiscal year shall be derived from--
       ``(A) any amounts that are appropriated to carry out this 
     Act;
       ``(B) any revenues, fees, penalties, or miscellaneous 
     receipts, exclusive of deposits to any relevant trust fund, 
     special account, or permanent operating funds, received by 
     the Federal Government from activities by the Bureau of Land 
     Management or the Forest Service on the applicable Federal 
     land; and
       ``(C) to the extent of any shortfall, out of any amounts in 
     the Treasury of the United States not otherwise appropriated.
       ``(c) Distribution and Expenditure of Payments.--
       ``(1) Distribution method.--A State that receives a payment 
     under subsection (a) for Federal land described in section 
     3(7)(A) shall distribute the appropriate payment amount among 
     the appropriate counties in the State in accordance with--
       ``(A) the Act of May 23, 1908 (16 U.S.C. 500); and
       ``(B) section 13 of the Act of March 1, 1911 (36 Stat. 963; 
     16 U.S.C. 500).
       ``(2) Expenditure purposes.--Subject to subsection (d), 
     payments received by a State under subsection (a) and 
     distributed to counties in accordance with paragraph (1) 
     shall be expended as required by the laws referred to in 
     paragraph (1).
       ``(d) Expenditure Rules for Eligible Counties.--
       ``(1) Allocations.--
       ``(A) Use of portion in same manner as 25-percent payment 
     or 50-percent payment, as applicable.--Except as provided in 
     paragraph (3)(B), if an eligible county elects to receive its 
     share of the State payment or the county payment, not less 
     than 80 percent, but not more than 85 percent, of the funds 
     shall be expended in the same manner in which the 25-percent 
     payments or 50-percent payment, as applicable, are required 
     to be expended.
       ``(B) Election as to use of balance.--Except as provided in 
     subparagraph (C), an eligible county shall elect to do 1 or 
     more of the following with the balance of any funds not 
     expended pursuant to subparagraph (A):
       ``(i) Reserve any portion of the balance for projects in 
     accordance with title II.
       ``(ii) Reserve not more than 7 percent of the total share 
     for the eligible county of the State payment or the county 
     payment for projects in accordance with title III.
       ``(iii) Return the portion of the balance not reserved 
     under clauses (i) and (ii) to the Treasury of the United 
     States.
       ``(C) Counties with modest distributions.--In the case of 
     each eligible county to which more than $100,000, but less 
     than $350,000, is distributed for any fiscal year pursuant to 
     either or both of paragraphs (1)(B) and (2)(B) of subsection 
     (a), the eligible county, with respect to the balance of any 
     funds not expended pursuant to subparagraph (A) for that 
     fiscal year, shall--
       ``(i) reserve any portion of the balance for--
       ``(I) carrying out projects under title II;
       ``(II) carrying out projects under title III; or
       ``(III) a combination of the purposes described in 
     subclauses (I) and (II); or
       ``(ii) return the portion of the balance not reserved under 
     clause (i) to the Treasury of the United States.
       ``(2) Distribution of funds.--
       ``(A) In General.--Funds reserved by an eligible county 
     under subparagraph (B)(i) or (C)(i) of paragraph (1) for 
     carrying out projects under title II shall be deposited in a 
     special account in the Treasury of the United States.
       ``(B) Availability.--Amounts deposited under subparagraph 
     (A) shall--
       ``(i) be available for expenditure by the Secretary 
     concerned, without further appropriation; and
       ``(ii) remain available until expended in accordance with 
     title II.
       ``(3) Election.--
       ``(A) Notification.--

[[Page 21856]]

       ``(i) In general.--An eligible county shall notify the 
     Secretary concerned of an election by the eligible county 
     under this subsection not later than September 30, 2008 (or 
     as soon thereafter as the Secretary concerned determines is 
     practicable), and each September 30 thereafter for each 
     succeeding fiscal year.
       ``(ii) Failure to elect.--Except as provided in 
     subparagraph (B), if the eligible county fails to make an 
     election by the date specified in clause (i), the eligible 
     county shall--
       ``(I) be considered to have elected to expend 85 percent of 
     the funds in accordance with paragraph (1)(A); and
       ``(II) return the balance to the Treasury of the United 
     States.
       ``(B) Counties with minor distributions.--In the case of 
     each eligible county to which less than $100,000 is 
     distributed for any fiscal year pursuant to either or both of 
     paragraphs (1)(B) and (2)(B) of subsection (a), the eligible 
     county may elect to expend all the funds in the same manner 
     in which the 25-percent payments or 50-percent payments, as 
     applicable, are required to be expended.
       ``(e) Time for Payment.--The payments required under this 
     section for a fiscal year shall be made as soon as 
     practicable after the end of that fiscal year.

     ``SEC. 103. TRANSITION PAYMENTS TO STATES.

       ``(a) Definitions.--In this section:
       ``(1) Adjusted amount.--The term `adjusted amount' means, 
     with respect to a covered State--
       ``(A) for fiscal year 2008, 90 percent of--
       ``(i) the sum of the amounts paid for fiscal year 2006 
     under section 102(a)(2) (as in effect on September 29, 2006) 
     for the eligible counties in the covered State that have 
     elected under section 102(b) to receive a share of the State 
     payment for fiscal year 2008; and
       ``(ii) the sum of the amounts paid for fiscal year 2006 
     under section 103(a)(2) (as in effect on September 29, 2006) 
     for the eligible counties in the State of Oregon that have 
     elected under section 102(b) to receive the county payment 
     for fiscal year 2008;
       ``(B) for fiscal year 2009, 81 percent of--
       ``(i) the sum of the amounts paid for fiscal year 2006 
     under section 102(a)(2) (as in effect on September 29, 2006) 
     for the eligible counties in the covered State that have 
     elected under section 102(b) to receive a share of the State 
     payment for fiscal year 2009; and
       ``(ii) the sum of the amounts paid for fiscal year 2006 
     under section 103(a)(2) (as in effect on September 29, 2006) 
     for the eligible counties in the State of Oregon that have 
     elected under section 102(b) to receive the county payment 
     for fiscal year 2009; and
       ``(C) for fiscal year 2010, 73 percent of--
       ``(i) the sum of the amounts paid for fiscal year 2006 
     under section 102(a)(2) (as in effect on September 29, 2006) 
     for the eligible counties in the covered State that have 
     elected under section 102(b) to receive a share of the State 
     payment for fiscal year 2010; and
       ``(ii) the sum of the amounts paid for fiscal year 2006 
     under section 103(a)(2) (as in effect on September 29, 2006) 
     for the eligible counties in the State of Oregon that have 
     elected under section 102(b) to receive the county payment 
     for fiscal year 2010.
       ``(2) Covered state.--The term `covered State' means each 
     of the States of California, Louisiana, Oregon, Pennsylvania, 
     South Carolina, South Dakota, Texas, and Washington.
       ``(b) Transition Payments.--For each of fiscal years 2008 
     through 2010, in lieu of the payment amounts that otherwise 
     would have been made under paragraphs (1)(B) and (2)(B) of 
     section 102(a), the Secretary of the Treasury shall pay the 
     adjusted amount to each covered State and the eligible 
     counties within the covered State, as applicable.
       ``(c) Distribution of Adjusted Amount.--Except as provided 
     in subsection (d), it is the intent of Congress that the 
     method of distributing the payments under subsection (b) 
     among the counties in the covered States for each of fiscal 
     years 2008 through 2010 be in the same proportion that the 
     payments were distributed to the eligible counties in fiscal 
     year 2006.
       ``(d) Distribution of Payments in California.--The 
     following payments shall be distributed among the eligible 
     counties in the State of California in the same proportion 
     that payments under section 102(a)(2) (as in effect on 
     September 29, 2006) were distributed to the eligible counties 
     for fiscal year 2006:
       ``(1) Payments to the State of California under subsection 
     (b).
       ``(2) The shares of the eligible counties of the State 
     payment for California under section 102 for fiscal year 
     2011.
       ``(e) Treatment of Payments.--For purposes of this Act, any 
     payment made under subsection (b) shall be considered to be a 
     payment made under section 102(a).

              ``TITLE II--SPECIAL PROJECTS ON FEDERAL LAND

     ``SEC. 201. DEFINITIONS.

       ``In this title:
       ``(1) Participating county.--The term `participating 
     county' means an eligible county that elects under section 
     102(d) to expend a portion of the Federal funds received 
     under section 102 in accordance with this title.
       ``(2) Project funds.--The term `project funds' means all 
     funds an eligible county elects under section 102(d) to 
     reserve for expenditure in accordance with this title.
       ``(3) Resource advisory committee.--The term `resource 
     advisory committee' means--
       ``(A) an advisory committee established by the Secretary 
     concerned under section 205; or
       ``(B) an advisory committee determined by the Secretary 
     concerned to meet the requirements of section 205.
       ``(4) Resource management plan.--The term `resource 
     management plan' means--
       ``(A) a land use plan prepared by the Bureau of Land 
     Management for units of the Federal land described in section 
     3(7)(B) pursuant to section 202 of the Federal Land Policy 
     and Management Act of 1976 (43 U.S.C. 1712); or
       ``(B) a land and resource management plan prepared by the 
     Forest Service for units of the National Forest System 
     pursuant to section 6 of the Forest and Rangeland Renewable 
     Resources Planning Act of 1974 (16 U.S.C. 1604).

     ``SEC. 202. GENERAL LIMITATION ON USE OF PROJECT FUNDS.

       ``(a) Limitation.--Project funds shall be expended solely 
     on projects that meet the requirements of this title.
       ``(b) Authorized Uses.--Project funds may be used by the 
     Secretary concerned for the purpose of entering into and 
     implementing cooperative agreements with willing Federal 
     agencies, State and local governments, private and nonprofit 
     entities, and landowners for protection, restoration, and 
     enhancement of fish and wildlife habitat, and other resource 
     objectives consistent with the purposes of this Act on 
     Federal land and on non-Federal land where projects would 
     benefit the resources on Federal land.

     ``SEC. 203. SUBMISSION OF PROJECT PROPOSALS.

       ``(a) Submission of Project Proposals to Secretary 
     Concerned.--
       ``(1) Projects funded using project funds.--Not later than 
     September 30 for fiscal year 2008 (or as soon thereafter as 
     the Secretary concerned determines is practicable), and each 
     September 30 thereafter for each succeeding fiscal year 
     through fiscal year 2011, each resource advisory committee 
     shall submit to the Secretary concerned a description of any 
     projects that the resource advisory committee proposes the 
     Secretary undertake using any project funds reserved by 
     eligible counties in the area in which the resource advisory 
     committee has geographic jurisdiction.
       ``(2) Projects funded using other funds.--A resource 
     advisory committee may submit to the Secretary concerned a 
     description of any projects that the committee proposes the 
     Secretary undertake using funds from State or local 
     governments, or from the private sector, other than project 
     funds and funds appropriated and otherwise available to do 
     similar work.
       ``(3) Joint projects.--Participating counties or other 
     persons may propose to pool project funds or other funds, 
     described in paragraph (2), and jointly propose a project or 
     group of projects to a resource advisory committee 
     established under section 205.
       ``(b) Required Description of Projects.--In submitting 
     proposed projects to the Secretary concerned under subsection 
     (a), a resource advisory committee shall include in the 
     description of each proposed project the following 
     information:
       ``(1) The purpose of the project and a description of how 
     the project will meet the purposes of this title.
       ``(2) The anticipated duration of the project.
       ``(3) The anticipated cost of the project.
       ``(4) The proposed source of funding for the project, 
     whether project funds or other funds.
       ``(5)(A) Expected outcomes, including how the project will 
     meet or exceed desired ecological conditions, maintenance 
     objectives, or stewardship objectives.
       ``(B) An estimate of the amount of any timber, forage, and 
     other commodities and other economic activity, including jobs 
     generated, if any, anticipated as part of the project.
       ``(6) A detailed monitoring plan, including funding needs 
     and sources, that--
       ``(A) tracks and identifies the positive or negative 
     impacts of the project, implementation, and provides for 
     validation monitoring; and
       ``(B) includes an assessment of the following:
       ``(i) Whether or not the project met or exceeded desired 
     ecological conditions; created local employment or training 
     opportunities, including summer youth jobs programs such as 
     the Youth Conservation Corps where appropriate.
       ``(ii) Whether the project improved the use of, or added 
     value to, any products removed from land consistent with the 
     purposes of this title.
       ``(7) An assessment that the project is to be in the public 
     interest.
       ``(c) Authorized Projects.--Projects proposed under 
     subsection (a) shall be consistent with section 2.

     ``SEC. 204. EVALUATION AND APPROVAL OF PROJECTS BY SECRETARY 
                   CONCERNED.

       ``(a) Conditions for Approval of Proposed Project.--The 
     Secretary concerned may make a decision to approve a project 
     submitted by a resource advisory committee under section 203 
     only if the proposed project satisfies each of the following 
     conditions:

[[Page 21857]]

       ``(1) The project complies with all applicable Federal laws 
     (including regulations).
       ``(2) The project is consistent with the applicable 
     resource management plan and with any watershed or subsequent 
     plan developed pursuant to the resource management plan and 
     approved by the Secretary concerned.
       ``(3) The project has been approved by the resource 
     advisory committee in accordance with section 205, including 
     the procedures issued under subsection (e) of that section.
       ``(4) A project description has been submitted by the 
     resource advisory committee to the Secretary concerned in 
     accordance with section 203.
       ``(5) The project will improve the maintenance of existing 
     infrastructure, implement stewardship objectives that enhance 
     forest ecosystems, and restore and improve land health and 
     water quality.
       ``(b) Environmental Reviews.--
       ``(1) Request for payment by county.--The Secretary 
     concerned may request the resource advisory committee 
     submitting a proposed project to agree to the use of project 
     funds to pay for any environmental review, consultation, or 
     compliance with applicable environmental laws required in 
     connection with the project.
       ``(2) Conduct of environmental review.--If a payment is 
     requested under paragraph (1) and the resource advisory 
     committee agrees to the expenditure of funds for this 
     purpose, the Secretary concerned shall conduct environmental 
     review, consultation, or other compliance responsibilities in 
     accordance with Federal laws (including regulations).
       ``(3) Effect of refusal to pay.--
       ``(A) In general.--If a resource advisory committee does 
     not agree to the expenditure of funds under paragraph (1), 
     the project shall be deemed withdrawn from further 
     consideration by the Secretary concerned pursuant to this 
     title.
       ``(B) Effect of withdrawal.--A withdrawal under 
     subparagraph (A) shall be deemed to be a rejection of the 
     project for purposes of section 207(c).
       ``(c) Decisions of Secretary Concerned.--
       ``(1) Rejection of projects.--
       ``(A) In general.--A decision by the Secretary concerned to 
     reject a proposed project shall be at the sole discretion of 
     the Secretary concerned.
       ``(B) No administrative appeal or judicial review.--
     Notwithstanding any other provision of law, a decision by the 
     Secretary concerned to reject a proposed project shall not be 
     subject to administrative appeal or judicial review.
       ``(C) Notice of rejection.--Not later than 30 days after 
     the date on which the Secretary concerned makes the rejection 
     decision, the Secretary concerned shall notify in writing the 
     resource advisory committee that submitted the proposed 
     project of the rejection and the reasons for rejection.
       ``(2) Notice of project approval.--The Secretary concerned 
     shall publish in the Federal Register notice of each project 
     approved under subsection (a) if the notice would be required 
     had the project originated with the Secretary.
       ``(d) Source and Conduct of Project.--Once the Secretary 
     concerned accepts a project for review under section 203, the 
     acceptance shall be deemed a Federal action for all purposes.
       ``(e) Implementation of Approved Projects.--
       ``(1) Cooperation.--Notwithstanding chapter 63 of title 31, 
     United States Code, using project funds the Secretary 
     concerned may enter into contracts, grants, and cooperative 
     agreements with States and local governments, private and 
     nonprofit entities, and landowners and other persons to 
     assist the Secretary in carrying out an approved project.
       ``(2) Best value contracting.--
       ``(A) In general.--For any project involving a contract 
     authorized by paragraph (1) the Secretary concerned may elect 
     a source for performance of the contract on a best value 
     basis.
       ``(B) Factors.--The Secretary concerned shall determine 
     best value based on such factors as--
       ``(i) the technical demands and complexity of the work to 
     be done;
       ``(ii)(I) the ecological objectives of the project; and
       ``(II) the sensitivity of the resources being treated;
       ``(iii) the past experience by the contractor with the type 
     of work being done, using the type of equipment proposed for 
     the project, and meeting or exceeding desired ecological 
     conditions; and
       ``(iv) the commitment of the contractor to hiring highly 
     qualified workers and local residents.
       ``(3) Merchantable timber contracting pilot program.--
       ``(A) Establishment.--The Secretary concerned shall 
     establish a pilot program to implement a certain percentage 
     of approved projects involving the sale of merchantable 
     timber using separate contracts for--
       ``(i) the harvesting or collection of merchantable timber; 
     and
       ``(ii) the sale of the timber.
       ``(B) Annual percentages.--Under the pilot program, the 
     Secretary concerned shall ensure that, on a nationwide basis, 
     not less than the following percentage of all approved 
     projects involving the sale of merchantable timber are 
     implemented using separate contracts:
       ``(i) For fiscal year 2008, 35 percent.
       ``(ii) For fiscal year 2009, 45 percent.
       ``(iii) For each of fiscal years 2010 and 2011, 50 percent.
       ``(C) Inclusion in pilot program.--The decision whether to 
     use separate contracts to implement a project involving the 
     sale of merchantable timber shall be made by the Secretary 
     concerned after the approval of the project under this title.
       ``(D) Assistance.--
       ``(i) In general.--The Secretary concerned may use funds 
     from any appropriated account available to the Secretary for 
     the Federal land to assist in the administration of projects 
     conducted under the pilot program.
       ``(ii) Maximum amount of assistance.--The total amount 
     obligated under this subparagraph may not exceed $1,000,000 
     for any fiscal year during which the pilot program is in 
     effect.
       ``(E) Review and report.--
       ``(i) Initial report.--Not later than September 30, 2010, 
     the Comptroller General shall submit to the Committees on 
     Agriculture, Nutrition, and Forestry and Energy and Natural 
     Resources of the Senate and the Committees on Agriculture and 
     Natural Resources of the House of Representatives a report 
     assessing the pilot program.
       (ii) Annual report.--The Secretary concerned shall submit 
     to the Committees on Agriculture, Nutrition, and Forestry and 
     Energy and Natural Resources of the Senate and the Committees 
     on Agriculture and Natural Resources of the House of 
     Representatives an annual report describing the results of 
     the pilot program.
       ``(f) Requirements for Project Funds.--The Secretary shall 
     ensure that at least 50 percent of all project funds be used 
     for projects that are primarily dedicated--
       ``(1) to road maintenance, decommissioning, or 
     obliteration; or
       ``(2) to restoration of streams and watersheds.

     ``SEC. 205. RESOURCE ADVISORY COMMITTEES.

       ``(a) Establishment and Purpose of Resource Advisory 
     Committees.--
       ``(1) Establishment.--The Secretary concerned shall 
     establish and maintain resource advisory committees to 
     perform the duties in subsection (b), except as provided in 
     paragraph (4).
       ``(2) Purpose.--The purpose of a resource advisory 
     committee shall be--
       ``(A) to improve collaborative relationships; and
       ``(B) to provide advice and recommendations to the land 
     management agencies consistent with the purposes of this 
     title.
       ``(3) Access to resource advisory committees.--To ensure 
     that each unit of Federal land has access to a resource 
     advisory committee, and that there is sufficient interest in 
     participation on a committee to ensure that membership can be 
     balanced in terms of the points of view represented and the 
     functions to be performed, the Secretary concerned may 
     establish resource advisory committees for part of, or 1 or 
     more, units of Federal land.
       ``(4) Existing advisory committees.--
       ``(A) In general.--An advisory committee that meets the 
     requirements of this section, a resource advisory committee 
     established before September 29, 2006, or an advisory 
     committee determined by the Secretary concerned before 
     September 29, 2006, to meet the requirements of this section 
     may be deemed by the Secretary concerned to be a resource 
     advisory committee for the purposes of this title.
       ``(B) Charter.--A charter for a committee described in 
     subparagraph (A) that was filed on or before September 29, 
     2006, shall be considered to be filed for purposes of this 
     Act.
       ``(C) Bureau of land management advisory committees.--The 
     Secretary of the Interior may deem a resource advisory 
     committee meeting the requirements of subpart 1784 of part 
     1780 of title 43, Code of Federal Regulations, as a resource 
     advisory committee for the purposes of this title.
       ``(b) Duties.--A resource advisory committee shall--
       ``(1) review projects proposed under this title by 
     participating counties and other persons;
       ``(2) propose projects and funding to the Secretary 
     concerned under section 203;
       ``(3) provide early and continuous coordination with 
     appropriate land management agency officials in recommending 
     projects consistent with purposes of this Act under this 
     title;
       ``(4) provide frequent opportunities for citizens, 
     organizations, tribes, land management agencies, and other 
     interested parties to participate openly and meaningfully, 
     beginning at the early stages of the project development 
     process under this title;
       ``(5)(A) monitor projects that have been approved under 
     section 204; and
       ``(B) advise the designated Federal official on the 
     progress of the monitoring efforts under subparagraph (A); 
     and
       ``(6) make recommendations to the Secretary concerned for 
     any appropriate changes or adjustments to the projects being 
     monitored by the resource advisory committee.

[[Page 21858]]

       ``(c) Appointment by the Secretary.--
       ``(1) Appointment and term.--
       ``(A) In general.--The Secretary concerned, shall appoint 
     the members of resource advisory committees for a term of 4 
     years beginning on the date of appointment.
       ``(B) Reappointment.--The Secretary concerned may reappoint 
     members to subsequent 4-year terms.
       ``(2) Basic requirements.--The Secretary concerned shall 
     ensure that each resource advisory committee established 
     meets the requirements of subsection (d).
       ``(3) Initial appointment.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary 
     concerned shall make initial appointments to the resource 
     advisory committees.
       ``(4) Vacancies.--The Secretary concerned shall make 
     appointments to fill vacncies on any resource advisory 
     committee as soon as practicable after the vacancy has 
     occurred.
       ``(5) Compensation.--Members of the resource advisory 
     committees shall not receive any compensation.
       ``(d) Composition of Advisory Committee.--
       ``(1) Number.--Each resource advisory committee shall be 
     comprised of 15 members.
       ``(2) Community interests represented.--Committee members 
     shall be representative of the interests of the following 3 
     categories:
       ``(A) 5 persons that--
       ``(i) represent organized labor or non-timber forest 
     product harvester groups;
       ``(ii) represent developed outdoor recreation, off highway 
     vehicle users, or commercial recreation activities;
       ``(iii) represent--
       ``(I) energy and mineral development interests; or
       ``(II) commercial or recreational fishing interests;
       ``(iv) represent the commercial timber industry; or
       ``(v) hold Federal grazing or other land use permits, or 
     represent nonindustrial private forest land owners, within 
     the area for which the committee is organized.
       ``(B) 5 persons that represent--
       ``(i) nationally recognized environmental organizations;
       ``(ii) regionally or locally recognized environmental 
     organizations;
       ``(iii) dispersed recreational activities;
       ``(iv) archaeological and historical interests; or
       ``(v) nationally or regionally recognized wild horse and 
     burro interest groups, Wildlife or hunting organizations, or 
     watershed associations.
       ``(C) 5 persons that--
       ``(i) hold State elected office `(or a designee);
       ``(ii) hold county or local elected office;
       ``(iii) represent American Indian tribes within or adjacent 
     to the area for which the committee is organized;
       ``(iv) are school officials or teachers; or
       ``(v) represent the affected public at large.
       ``(3) Balanced representation.--In appointing committee 
     members from the 3 categories in paragraph (2), the Secretary 
     concerned shall provide for balanced and broad representation 
     from within each category.
       ``(4) Geographic distribution.--The members of a resource 
     advisory committee shall reside within the State in which the 
     committee has jurisdiction and, to extent practicable, the 
     Secretary concerned shall ensure local representation in each 
     category in paragraph (2).
       ``(5) Chairperson.--A majority on each resource advisory 
     committee shall select the chairperson of the committee.
       ``(e) Approval Procedures.--
       ``(1) In general.--Subject to paragraph ``(3), each 
     resource advisory committee shall establish procedures for 
     proposing projects to the Secretary concerned under this 
     title.
       ``(2) Quorum.--A quorum must be present to constitute an 
     official meeting of the committee.
       ``(3) Approval by majority of members.--A project may be 
     proposed by a resource advisory committee to the Secretary 
     concerned under section 203(a), if the project has been 
     approved by a majority of members of the committee from each 
     of the 3 categories in subsection (d)(2).
       ``(f) Other Committee Authorities and Requirements.--
       ``(1) Staff assistance.--A resource advisory committee may 
     submit to the Secretary concerned a request for periodic 
     staff assistance from Federal employees under the 
     jurisdiction of the Secretary.
       ``(2) Meetings.--All meetings of a resource advisory 
     committee shall be announced at least 1 week in advance in a 
     local newspaper of record and shall be open to the public.
       ``(3) Records.--A resource advisory committee shall 
     maintain records of the meetings of the committee and make 
     the records available for public inspection.

     ``SEC. 206. USE OF PROJECT FUNDS.

       ``(a) Agreement Regarding Schedule and Cost of Project.--
       ``(1) Agreement between parties.--The Secretary concerned 
     may carry out a project submitted by a resource advisory 
     committee under section 203(a) using project funds or other 
     funds described in section 203(a)(2), if, as soon as 
     practicable after the issuance of a decision document for the 
     project and the exhaustion of all administrative appeals and 
     judicial review of the project decision, the Secretary 
     concerned and the resource advisory committee enter into an 
     agreement addressing, at a minimum, the following:
       ``(A) The schedule for completing the project.
       ``(B) The total cost of the project, including the level of 
     agency overhead to be assessed against the project.
       ``(C) For a multiyear project, the estimated cost of the 
     project for each of the fiscal years in which it will be 
     carried out.
       ``(D) The remedies for failure of the Secretary concerned 
     to comply with the terms of the agreement consistent with 
     current Federal law.
       ``(2) Limited use of federal funds.--The Secretary 
     concerned may decide, at the sole discretion of the Secretary 
     concerned, to cover the costs of a portion of an approved 
     project using Federal funds appropriated or otherwise 
     available to the Secretary for the same purposes as the 
     project.
       ``(b) Transfer of Project Funds.--
       ``(1) Initial transfer required.--As soon as practicable 
     after the agreement is reached under subsection (a) with 
     regard to a project to be funded in whole or in part using 
     project funds, or other funds described in section 203(a)(2), 
     the Secretary concerned shall transfer to the applicable unit 
     of National Forest System land or Bureau of Land Management 
     District an amount of project funds equal to--
       ``(A) in the case of a project to be completed in a single 
     fiscal year, the total amount specified in the agreement to 
     be paid using project funds, or other funds described in 
     section 203(a)(2); or
       ``(B) in the case of a multiyear project, the amount 
     specified in the agreement to be paid using project funds, or 
     other funds described in section 203(a)(2) for the first 
     fiscal year.
       ``(2) Condition on project commencement.--The unit of 
     National Forest System land or Bureau of Land Management 
     District concerned, shall not commence a project until the 
     project funds, or other funds described in section 203(a)(2) 
     required to be transferred under paragraph (1) for the 
     project, have been made available by the Secretary concerned.
       ``(3) Subsequent transfers for multiyear projects.--
       ``(A) In general.--For the second and subsequent fiscal 
     years of a multiyear project to be funded in whole or in part 
     using project funds, the unit of National Forest System land 
     or Bureau of Land Management District concerned shall use the 
     amount of project funds required to continue the project in 
     that fiscal year according to the agreement entered into 
     under subsection (a).
       ``(B) Suspension of work.--The Secretary concerned shall 
     suspend work on the project if the project funds required by 
     the agreement in the second and subsequent fiscal years are 
     not available.

     ``SEC. 207. AVAILABILITY OF PROJECT FUNDS.

       ``(a) Submission of Proposed Projects To Obligate Funds.--
     By September 30, 2008 (or as soon thereafter as the Secretary 
     concerned determines is practicable), and each September 30 
     thereafter for each succeeding fiscal year through fiscal 
     year 2011, a resource advisory committee shall submit to the 
     Secretary concerned pursuant to section 203(a)(1) a 
     sufficient number of project proposals that, if approved, 
     would result in the obligation of at least the full amount of 
     the project funds reserved by the participating county in the 
     preceding fiscal year.
       ``(b) Use or Transfer of Unobligated Funds.--Subject to 
     section 208, if a resource advisory committee fails to comply 
     with subsection (a) for a fiscal year, any project funds 
     reserved by the participating county in the preceding fiscal 
     year and remaining unobligated shall be available for use as 
     part of the project submissions in the next fiscal year.
       ``(c) Effect of Rejection of Projects.--Subject to section 
     208, any project funds reserved by a participating county in 
     the preceding fiscal year that are unobligated at the end of 
     a fiscal year because the Secretary concerned has rejected 
     one or more proposed projects shall be available for use as 
     part of the project submissions in the next fiscal year.
       ``(d) Effect of Court Orders.--
       ``(1) In general.--If an approved project under this Act is 
     enjoined or prohibited by a Federal court, the Secretary 
     concerned shall return the unobligated project funds related 
     to the project to the participating county or counties that 
     reserved the funds.
       ``(2) Expenditure of funds.--The returned funds shall be 
     available for the county to expend in the same manner as the 
     funds reserved by the county under subparagraph (B) or (C)(i) 
     of section 102(d)(1).

     ``SEC. 208. TERMINATION OF AUTHORITY.

       ``(a) In General.--The authority to initiate projects under 
     this title shall terminate on September 30, 2011.
       ``(b) Deposits in Treasury.--Any project funds not 
     obligated by September 30, 2012, shall be deposited in the 
     Treasury of the United States.

                       ``TITLE III--COUNTY FUNDS

     ``SEC. 301. DEFINITIONS.

       ``In this title:
       ``(1) County funds.--The term ``county funds'' means all 
     funds an eligible county elects under section 102(d) to 
     reserve for expenditure in accordance with this title.

[[Page 21859]]

       ``(2) Participating county.--The term ``participating 
     county'' means an eligible county that elects under section 
     102(d) to expend a portion of the Federal funds received 
     under section 102 in accordance with this title.

     ``SEC. 302. USE.

       ``(a) Authorized Uses.--A participating county, including 
     any applicable agencies of the participating county, shall 
     use county funds, in accordance with this title, only--
       ``(1) to carry out activities under the Firewise 
     Communities program to provide to homeowners in fire-
     sensitive ecosystems education on, and assistance with 
     implementing, techniques in home siting, home construction, 
     and home landscaping that can increase the protection of 
     people and property from wildfires;
       ``(2) to reimburse the participating county for search and 
     rescue and other emergency services, including firefighting, 
     that are--
       ``(A) performed on Federal land after the date on which the 
     use was approved under subsection (b);
       ``(B) paid for by the participating county; and
       ``(3) to develop community wildfire protection plans in 
     coordination with the appropriate Secretary concerned.
       ``(b) Proposals.--A participating county shall use county 
     funds for a use described in subsection (a) only after a 45-
     day public comment period, at the beginning of which the 
     participating county shall--
       ``(1) publish in any publications of local record a 
     proposal that describes the proposed use of the county funds; 
     and
       ``(2) submit the proposal to any resource advisory 
     committee established under section 205 for the participating 
     county.

     ``SEC. 303. CERTIFICATION.

       ``(a) In General.--Not later than February 1 of the year 
     after the year in which any county funds were expended by a 
     participating county, the appropriate official of the 
     participating county shall submit to the Secretary concerned 
     a certification that the county funds expended in the 
     applicable year have been used for the uses authorized under 
     section 302(a), including a description of the amounts 
     expended and the uses for which the amounts were expended.
       ``(b) Review.--The Secretary concerned shall review the 
     certifications submitted under subsection (a) as the 
     Secretary concerned determines to be appropriate.

     ``SEC. 304. TERMINATION OF AUTHORITY.

       ``(a) In General.--The authority to initiate projects under 
     this title terminates on September 30, 2011.
       ``(b) Availability.--Any county funds not obligated by 
     September 30, 2012, shall be returned to the Treasury of the 
     United States.

                  ``TITLE IV--MISCELLANEOUS PROVISIONS

     ``SEC. 401. REGULATIONS.

       ``The Secretary of Agriculture and the Secretary of the 
     Interior shall issue regulations to carry out the purposes of 
     this Act.

     ``SEC. 402. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated such sums as are 
     necessary to carry out this Act for each of fiscal years 2008 
     through 2011.

     ``SEC. 403. TREATMENT OF FUNDS AND REVENUES.

       ``(a) Relation to Other Appropriations.--Funds made 
     available under section 402 and funds made available to a 
     Secretary concerned under section 206 shall be in addition to 
     any other annual appropriations for the Forest Service and 
     the Bureau of Land Management.
       ``(b) Deposit of Revenues and Other Funds.--All revenues 
     generated from projects pursuant to title II, including any 
     interest accrued from the revenues, shall be deposited in the 
     Treasury of the United States.''.
       (b) Forest Receipt Payments to Eligible States and 
     Counties.--
       (1) Act of may 23, 1908.--The sixth paragraph under the 
     heading ``FOREST SERVICE'' in the Act of May 23, 1908 (16 
     U.S.C. 500) is amended in the first sentence by striking 
     ``twenty-five percentum'' and all that follows through 
     ``shall be paid'' and inserting the following: ``an amount 
     equal to the annual average of 25 percent of all amounts 
     received for the applicable fiscal year and each of the 
     preceding 6 fiscal years from each national forest shall be 
     paid''.
       (2) Weeks law.--Section 13 of the Act of March 1, 1911 
     (commonly known as the ``Weeks Law'') (16 U.S.C. 500) is 
     amended in the first sentence by striking ``twenty-five 
     percentum'' and all that follows through ``shall be paid'' 
     and inserting the following: ``an amount equal to the annual 
     average of 25 percent of all amounts received for the 
     applicable fiscal year and each of the preceding 6 fiscal 
     years from each national forest shall be paid''.
       (c) Payments in Lieu of Taxes.--
       (1) In general.--Section 6906 of title 31, United States 
     Code, is amended to read as follows:

     ``Sec. 6906. Funding

       ``For each of fiscal years 2008 through 2012--
       ``(1) each county or other eligible unit of local 
     government shall be entitled to payment under this chapter; 
     and
       ``(2) sums shall be made available to the Secretary of the 
     Interior for obligation or expenditure in accordance with 
     this chapter.''.
       (2) Conforming amendment.--The table of sections for 
     chapter 69 of title 31, United States Code, is amended by 
     striking the item relating to section 6906 and inserting the 
     following:

``6906. Funding.''.

       (3) Budget scorekeeping.--
       (A) In general.--Notwithstanding the Budget Scorekeeping 
     Guidelines and the accompanying list of programs and accounts 
     set forth in the joint explanatory statement of the committee 
     of conference accompanying Conference Report 105-217, the 
     section in this title regarding Payments in Lieu of Taxes 
     shall be treated in the baseline for purposes of section 257 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985 (as in effect prior to September 30, 2002), and by the 
     Chairmen of the House and Senate Budget Committees, as 
     appropriate, for purposes of budget enforcement in the House 
     and Senate, and under the Congressional Budget Act of 1974 as 
     if Payment in Lieu of Taxes (14-1114-0-1-806) were an account 
     designated as Appropriated Entitlements and Mandatories for 
     Fiscal Year 1997 in the joint explanatory statement of the 
     committee of conference accompanying Conference Report 105-
     217.
       (B) Effective date.--This paragraph shall remain in effect 
     for the fiscal years to which the entitlement in section 6906 
     of title 31, United States Code (as amended by paragraph 
     (1)), applies.
                                  ____

       (The information contained herein was provided by 
     Democratic Minority on multiple occasions throughout the 
     109th Congress.)

        The Vote on the Previous Question: What It Really Means

       This vote, the vote on whether to order the previous 
     question on a special rule, is not merely a procedural vote. 
     A vote against ordering the previous question is a vote 
     against the Democratic majority agenda and a vote to allow 
     the opposition, at least for the moment, to offer an 
     alternative plan. It is a vote about what the House should be 
     debating.
       Mr. Clarence Cannon's Precedents of the House of 
     Representatives, (VI, 308-311) describes the vote on the 
     previous question on the rule as ``a motion to direct or 
     control the consideration of the subject before the House 
     being made by the Member in charge.'' To defeat the previous 
     question is to give the opposition a chance to decide the 
     subject before the House. Cannon cites the Speaker's ruling 
     of January 13, 1920, to the effect that ``the refusal of the 
     House to sustain the demand for the previous question passes 
     the control of the resolution to the opposition'' in order to 
     offer an amendment. On March 15, 1909, a member of the 
     majority party offered a rule resolution. The House defeated 
     the previous question and a member of the opposition rose to 
     a parliamentary inquiry, asking who was entitled to 
     recognition. Speaker Joseph G. Cannon (R-Illinois) said: 
     ``The previous question having been refused, the gentleman 
     from New York, Mr. Fitzgerald, who had asked the gentleman to 
     yield to him for an amendment, is entitled to the first 
     recognition.''
       Because the vote today may look bad for the Democratic 
     majority they will say ``the vote on the previous question is 
     simply a vote on whether to proceed to an immediate vote on 
     adopting the resolution [and] has no substantive legislative 
     or policy implications whatsoever.'' But that is not what 
     they have always said. Listen to the definition of the 
     previous question used in the Floor Procedures Manual 
     published by the Rules Committee in the 109th Congress, (page 
     56). Here's how the Rules Committee described the rule using 
     information from Congressional Quarterly's ``American 
     Congressional Dictionary'': ``If the previous question is 
     defeated, control of debate shifts to the leading opposition 
     member (usually the minority Floor Manager) who then manages 
     an hour of debate and may offer a germane amendment to the 
     pending business.''
       Deschler's Procedure in the U.S. House of Representatives, 
     the subchapter titled ``Amending Special Rules'' states: ``a 
     refusal to order the previous question on such a rule [a 
     special rule reported from the Committee on Rules] opens the 
     resolution to amendment and further debate.'' (Chapter 21, 
     section 21.2) Section 21.3 continues: Upon rejection of the 
     motion for the previous question on a resolution reported 
     from the Committee on Rules, control shifts to the Member 
     leading the opposition to the previous question, who may 
     offer a proper amendment or motion and who controls the time 
     for debate thereon.''
       Clearly, the vote on the previous question on a rule does 
     have substantive policy implications. It is one of the only 
     available tools for those who oppose the Democratic 
     majority's agenda and allows those with alternative views the 
     opportunity to offer an alternative plan.
  Ms. JACKSON-LEE of Texas. Madam Speaker, I rise today in strong 
support of H.R. 6049, the Renewable Energy and Job Creation Tax Act of 
2008. This legislation is a timely, necessary, and comprehensive 
approach to addressing our energy crisis. I support efforts to extend 
the expiring business tax

[[Page 21860]]

provisions. Opponents of H.R. 6049 are concerned that the House 
Amendment to the Senate Amendment to this bill would permanently 
increase taxes on businesses to pay for a temporary, one-year extension 
of expiring business tax provisions. I fail to see the merits of the 
opponent's contention and I believe that the benefits far outweigh any 
potential costs. Given the circumstances, the American economy is 
spiraling downward, energy prices are high, and unemployment is high, 
some kind of relief must be granted. To the extent that this body can 
grant some kind of relief, it is to be supported. I urge my colleagues 
to support this legislation. I am committed to working with industry 
actors to make sure that some balance is struck in the future.
  The following are provisions that are widely supported by various 
interest groups:
  Extension of Expired and Expiring Business Tax Provisions--
Legislation is urgently needed to extend critically important 
provisions. A number of provisions--such as the R&D credit, the 
election to deduct state and local general sales tax, and the railroad 
track maintenance credit--already have expired. Others--such as the 
exception under subpart F for active financing income and the look-
through treatment of payments between related controlled foreign 
corporations (CFCs) under the foreign personal holding company rules--
expire at the end of this year.
  Clean Energy Tax Incentives--The extension of the clean energy tax 
incentives. These incentives will go a long way toward the development 
of the renewable and alternative energy technologies essential to 
America's energy future. The Chamber believes it is critical to promote 
the responsible use of all energy sources. To reach this goal, 
government and business should support investment in new technologies 
that expand alternative energy and enable traditional sources of energy 
to be used more cleanly and efficiently.
  Some business interests have concerns with revenue offset provisions 
included in the House Amendment to the Senate Amendment to H.R. 6049, 
including those related to:
  Punitive Oil and Gas Taxes--Businesses claim that Congress must be 
mindful of the crosswinds hitting the American economy from the 
financial sector to the housing sectors. Many believe tax increases on 
the oil and gas industries are out of sync with an American economy 
showing great demand for increased domestic energy production, which 
could provide the opportunity for the energy industry to add a 
significant number of high-wage jobs. Many are concerned with 
provisions that would freeze the section 199 deduction for oil and gas 
companies. This change would discourage energy investment, resulting in 
the loss of jobs, a decrease in the supply of oil and gas, and an 
increase in the costs for businesses that rely on oil and gas.
  Many businesses interest groups are also concerned with the proposed 
modification of the foreign tax credit rules for oil and gas companies, 
as this change would place domestic firms at a competitive disadvantage 
to foreign oil and gas manufacturers.
  FUTA Surtax--Some businesses are concerned with the proposed 
extension of the FUTA surtax, which was added to the tax code in 1976 
as a temporary measure and should have been allowed to expire long ago, 
having outlived the purposes and term that served as the rationale for 
its enactment.
  Nonqualified Deferred Compensation--Some acknowledges that tax 
deferred plans used by offshore partnerships are created as part of 
complex legal agreements between managers and limited partners who are 
usually passive foreign investors. Foreign investors utilize these 
deferral arrangements to better align the interests of the manager with 
the investors. Altering these economic arrangements could cause these 
investments to migrate to other countries.
  I will end, as I began. I believe that this bill is solid and makes 
great strides toward providing relief to the American people. I support 
this bill, and I am committed to working with industry and businesses 
to make sure that their concerns are heard and addressed.
  I urge my colleagues to support this bill.
  Mr. ARCURI. I yield back the balance of my time and I move the 
previous question on the resolution.
  The SPEAKER pro tempore. The question is on ordering the previous 
question.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.
  Mr. ARCURI. Madam Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this question will be postponed.

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