Saturday, June 15, 2024

June 15, 2007 sees Congressional Record publish “TEXT OF AMENDMENTS”

Volume 153, No. 97 covering the 1st Session of the 110th Congress (2007 - 2008) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“TEXT OF AMENDMENTS” mentioning the Environmental Protection Agency was published in the Senate section on pages S7794-S7798 on June 15, 2007.

The publication is reproduced in full below:

TEXT OF AMENDMENTS

SA 1610. Mr. CARDIN (for himself, Ms. Mikulski, Mr. Dodd, Mr. Kerry, Mr. Reed, Mr. Kennedy, Mr. Whitehouse, and Ms. Snowe) proposed an amendment to amendment SA 1502 proposed by Mr. Reed to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes; as follows:

=========================== NOTE ===========================

On Page S7794, June 15, 2007, under TEXT OF AMENDMENTS, the following text appears in the Record: SA 1610. Mr. CARDIN (for himself, Ms. Mikulski, Mr. Dodd, Mr. Kerry, Mr. Reid, Mr. Kennedy, Mr. Whitehouse, and Ms. Snowe) proposed an amendment.

The online Record has been corrected to read as follows: SA 1610. Mr. CARDIN (for himself, Ms. Mikulski, Mr. Dodd, Mr. Kerry, Mr. Reed, Mr. Kennedy, Mr. Whitehouse, and Ms. Snowe) proposed an amendment.

========================= END NOTE =========================

At the appropriate place, insert the following:

SEC. ___. SITING, CONSTRUCTION, EXPANSION, AND OPERATION OF

LNG TERMINALS.

Section 10 of the Act of March 3, 1899 (33 U.S.C. 403), is amended--

(1) by striking the section designation and all that follows through ``creation'' and inserting the following:

``SEC. 10. OBSTRUCTION OF NAVIGABLE WATERS; WHARVES AND

PIERS; EXCAVATIONS AND FILLING IN.

``(a) In General.--The creation''; and

(2) by adding at the end the following:

``(b) Siting, Construction, Expansion, and Operation of LNG Terminals.--

``(1) Definition of affected state.--In this subsection, the term `affected State' means, with respect to a liquefied natural gas terminal that is the subject of an application for an authorization under this section, a State that--

``(A) would be directly connected by a pipeline to the liquefied natural gas terminal;

``(B) would be located within 15 miles of the liquefied natural gas terminal; or

``(C) is designated as an affected State by the Secretary due to a risk of damage to the coastal environment of the affected State that is equal to or greater than the risk of damage to the coastal environment of the State in which the liquified natural gas terminal is proposed to be located.

``(2) Limitation.--The Secretary shall not approve or disapprove an application for an authorization under this section for the siting, construction, expansion, or operation of a liquefied natural gas terminal pursuant to this section without the express concurrence of the Governor of each affected State.''.

______

SA 1611. Mr. COLEMAN submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes; which was ordered to lie on the table; as follows:

On page 38, strike lines 11 through 17 and insert the following:

``(4) Project design.--

``(A) In general.--A project for which a guarantee is made under this subsection shall have a project design that--

``(i) has been validated through the operation of a continuous process pilot facility with an annual output of at least 50,000 gallons of ethanol or the energy equivalent volume of other advanced biofuels; or

``(ii) provides for upgrades to an existing ethanol production facility that would increase ethanol production at the facility through the addition of cellulosic production capabilities, if the Secretary certifies that--

``(I) the upgrades would increase total ethanol production at the facility; and

``(II) the facility has the cellulosic transportation and logistical resources and cellulosic process technologies necessary to provide the increase in ethanol production required under subclause (I).

``(B) Priority.--In providing guarantees under this subsection, the Secretary shall give priority to projects to be carried out in communities with a population of 25,000 or less residents.

______

SA 1612. Mr. COLEMAN submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes; which was ordered to lie on the table; as follows:

On page 47, after line 23, add the following:

SEC. 131. RENEWABLE FUEL COMPREHENSIVE STRATEGIC

COORDINATION.

(a) In General.--The Secretary shall develop a comprehensive strategic program to coordinate, to the maximum extent practicable--

(1) the renewable fuel standards required by this Act; and

(2) the distribution infrastructure development and vehicle production levels necessary to minimize economic disruption as a result of those standards.

(b) Report.--The Secretary shall submit to Congress a report that contains--

(1) a determination of the Secretary with respect to the effectiveness and practicability of using, on a national scale, an ethanol blend fuel (such as E-15 or E-20 blended fuel) to achieve the most efficient expansion of ethanol use; and

(2) if the Secretary determines that use of an ethanol blend fuel as described in paragraph (1) would be effective and practicable, recommendations of the Secretary relating to--

(A) the appropriate type and level of use of ethanol blend fuels; and

(B) an interagency plan to achieve that type and level.

______

SA 1613. Mr. COLEMAN submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes; which was ordered to lie on the table; as follows:

On page 12, strike the table between lines 15 and 16 and insert the following:

``Applicable volume of renewable fuel Calendar year: (in billions of gallons):

2008.........................................................8.5 ....

2009........................................................10.5 ....

2010........................................................12.0 ....

2011........................................................12.6 ....

2012........................................................14.2 ....

2013........................................................15.8 ....

2014........................................................18.4 ....

2015........................................................23.0 ....

2016........................................................26.0 ....

2017........................................................29.0 ....

2018........................................................32.0 ....

2019........................................................35.0 ....

2020........................................................38.0 ....

2021........................................................41.0 ....

2022.....................................................44.0.''.....

On page 13, line 3, strike ``2016'' and insert ``2012''.

On page 13, strike the table between lines 5 and 6 and insert the following:

``Applicable volume of advanced biofuels Calendar year: (in billions of gallons):

2012.........................................................1.0 ....

2013.........................................................2.0 ....

2014.........................................................4.0 ....

2015.........................................................8.0 ....

2016........................................................11.0 ....

2017........................................................14.0 ....

2018........................................................17.0 ....

2019........................................................20.0 ....

2020........................................................23.0 ....

2021........................................................27.0 ....

2022.....................................................30.0.''.....

______

SA 1614. Mr. TESTER (for himself, Mr. Byrd, Mr. Rockefeller, Mr. Salazar, and Mr. Bingaman) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title III, add the following:

SEC. 3___. COAL INNOVATION DIRECT LOAN PROGRAM.

(a) In General.--Title XXXI of the Energy Policy Act of 1992 (42 U.S.C. 13571 et seq.) is amended by adding at the end the following:

``SEC. 3105. COAL INNOVATION DIRECT LOAN PROGRAM.

``(a) Definitions.--In this section:

``(1) Carbon capture.--The term `carbon capture' means the capture, separation, and compression of carbon dioxide that would otherwise be released to the atmosphere at a facility in the production of end products of a project prior to transportation of the carbon dioxide to a long-term storage site.

``(2) Coal-to-liquid product.--The term `coal-to-liquid product' means a liquid fuel resulting from the conversion of a feedstock, as described in this section.

``(3) Combustible end product.--The term `combustible end product' means any product of a facility intended to be used as a combustible fuel.

``(4) Conventional baseline emissions.--The term

`conventional baseline emissions' means--

``(A) the lifecycle greenhouse gas emissions of a facility that produces combustible end products, using petroleum as a feedstock, that are equivalent to combustible end products produced by a facility of comparable size through an eligible project;

``(B) in the case of noncombustible products produced through an eligible project, the average lifecycle greenhouse gas emissions emitted by projects that--

``(i) are of comparable size; and

``(ii) produce equivalent products using conventional feedstocks; and

``(C) in the case of synthesized gas intended for use as a combustible fuel in lieu of natural gas produced by an eligible project, the lifecycle greenhouse gas emissions that would result from equivalent use of natural gas.

``(5) Eligible project.--The term `eligible project' means a project--

``(A) that employs gasification technology or another conversion process for feedstocks described in this section; and

``(B) for which--

``(i) the annual lifecycle greenhouse gas emissions of the project are at least 20 percent lower than conventional baseline emissions;

``(ii) at least 75 percent of the carbon dioxide that would otherwise be released to the atmosphere at the facility in the production of end products of the project is captured for long-term storage;

``(iii) the individual or entity carrying out the eligible project has entered into an enforceable agreement with the Secretary to implement carbon capture at the percentage that, by the end of the 5-year period after commencement of commercial operation of the eligible project--

``(I) represents the best available technology; and

``(II) achieves a reduction in carbon emissions that is not less than 75 percent; and

``(iv) in the opinion of the Secretary, sufficient commitments have been secured to achieve long-term storage of captured carbon dioxide beginning as of the date of commencement of commercial operation of the project.

``(6) Facility.--The term `facility' means a facility at which the conversion of feedstocks to end products takes place.

``(7) Gasification technology.--The term `gasification technology' means any process that converts coal, petroleum residue, renewable biomass, or other material that is recovered for energy or feedstock value into a synthesis gas composed primarily of carbon monoxide and hydrogen for direct use or subsequent chemical or physical conversion.

``(8) Greenhouse gas.--The term `greenhouse gas' means any of--

``(A) carbon dioxide;

``(B) methane;

``(C) nitrous oxide;

``(D) hydrofluorocarbons;

``(E) perfluorocarbons; and

``(F) sulfur hexafluoride.

``(9) Lifecycle greenhouse gas emissions.--The term

`lifecycle greenhouse gas emissions' means the aggregate quantity of greenhouse gases attributable to the production and transportation of end products at a facility, including the production, extraction, cultivation, distribution, marketing, and transportation of feedstocks, and the subsequent distribution and use of any combustible end products, as modified by deducting, as determined by the Administrator of the Environmental Protection Agency--

``(A) any greenhouse gases captured at the facility and sequestered;

``(B) the carbon content, expressed in units of carbon dioxide equivalent, of any feedstock that is renewable biomass; and

``(C) the carbon content, expressed in units of carbon dioxide equivalent, of any end products that do not result in the release of carbon dioxide to the atmosphere.

``(10) Long-term storage.--The term `long-term storage' means sequestration with an expected maximum rate of carbon dioxide leakage over a specified period of time that is consistent with the objective of reducing atmospheric concentrations of carbon dioxide, subject to a permit issued pursuant to law in effect as of the date of the sequestration.

``(11) Renewable biomass.--The term `renewable biomass' has the definition given the term in section 102 of the Renewable Fuels, Consumer Protection, and Energy Efficiency Act of 2007.

``(12) Sequestration.--The term `sequestration' means the placement of carbon dioxide in a geological formation, including--

``(A) an operating oil and gas field;

``(B) coal bed methane recovery;

``(C) a depleted oil and gas field;

``(D) an unmineable coal seam;

``(E) a deep saline formation; and

``(F) a deep geological systems containing basalt formations.

``(b) FEED Assistance Program.--

``(1) In general.--Subject to paragraph (3), and in accordance with section 988 of the Energy Policy Act of 2005

(42 U.S.C. 16352), not later than 1 year after the date of the enactment of this section, the Secretary shall carry out a program to provide grants for use in obtaining or carrying out any services necessary for the planning, permitting, and construction of an eligible project.

``(2) Selection of eligible projects.--The Secretary shall select eligible projects to receive grants under this section--

``(A) through the conduct of a reverse auction, in which eligible projects proposed to be carried out that have the greatest rate of carbon capture and long-term storage, and the lowest lifecycle greenhouse gas emissions, are given priority;

``(B) that, taken together, would--

``(i) represent a variety of geographical regions;

``(ii) use a variety of feedstocks and types of coal; and

``(iii) to the extent consistent with achieving long-term storage, represent a variety of geological formations; and

``(C) for which eligible projects, in the opinion of the Secretary--

``(i) each award recipient is financially viable without the receipt of additional Federal funding associated with the proposed project;

``(ii) each recipient will provide sufficient information to the Secretary for the Secretary to ensure that the qualified investment is expended efficiently and effectively;

``(iii) a market exists for the products of the proposed project, as evidenced by contracts or written statements of intent from potential customers;

``(iv) the project team of each recipient is competent in the construction and operation of the gasification technology proposed; and

``(v) each recipient has met such other criteria as may be established and published by the Secretary.

``(3) Maximum amount of grants.--In carrying out this subsection, the Secretary shall provide not more than--

``(A) $20,000,000 in grant funds for any eligible project; and

``(B) $200,000,000 in grant funds, in the aggregate, for all eligible projects.

``(c) Direct Loan Program.--

``(1) In general.--Not later than 1 year after the date of enactment of this section, and subject to funds being made available in advance through appropriations Acts, the Secretary shall carry out a program to provide a total of not more than $10,000,000,000 in loans to eligible individuals and entities (as determined by the Secretary) for use in carrying out eligible projects.

``(2) Application.--An applicant for a loan under this section shall comply with the terms and conditions in section 215(b)(3) of the Renewable Fuels, Consumer Protection, and Energy Efficiency Act of 2007 in the same manner in which applicants for Renewable Energy Construction grants are required to comply with that section.

``(3) Selection of eligible projects.--The Secretary shall select eligible projects to receive loans under this section--

``(A) through the conduct of a reverse auction, in which eligible projects proposed to be carried out that have the greatest rate of carbon capture and long-term storage, and the lowest lifecycle greenhouse gas emissions, are given priority;

``(B) that, taken together, would--

``(i) represent a variety of geographic regions;

``(ii) use a variety of types of feedstocks and coal; and

``(iii) to the extent consistent with achieving long-term storage, represent a variety of geological formations; and

``(C) for which eligible projects, in the opinion of the Secretary--

``(i) each award recipient is financially viable without the receipt of additional Federal funding associated with the proposed project;

``(ii) each recipient will provide sufficient information to the Secretary for the Secretary to ensure that the qualified investment is expended efficiently and effectively;

``(iii) a market exists for the products of the proposed project, as evidenced by contracts or written statements of intent from potential customers;

``(iv) the project team of each recipient is competent in the construction and operation of the gasification technology proposed; and

``(v) each recipient has met such other criteria as may be established and published by the Secretary.

``(4) Use of loan funds.--

``(A) In general.--Subject to subparagraph (B), funds from a loan provided under this section may be used to pay up to 100 percent of the costs of capital associated with reducing lifecycle greenhouse gas emissions at the facility (including carbon dioxide capture, compression, and long-term storage, cogeneration, and gasification of biomass) carried out as part of an eligible project.

``(B) Total project cost.--Funds from a loan provided under this section may not be used to pay more than 50 percent of the total cost of an eligible project.

``(5) Rates, terms, and repayment of loans.--A loan provided under this section--

``(A) shall have an interest rate that, as of the date on which the loan is made, is equal to the cost of funds to the Department of the Treasury for obligations of comparable maturity;

``(B) shall have a term equal to the lesser of--

``(i) the projected life, in years, of the eligible project to be carried out using funds from the loan, as determined by the Secretary; and

``(ii) 25 years;

``(C) may be subject to a deferral in repayment for not more than 5 years after the date on which the eligible project carried out using funds from the loan first begins operations, as determined by the Secretary; and

``(D) shall be made on the condition that the Secretary shall be subrogated to the rights of the recipient of the payment as specified in the loan or related agreements, including, as appropriate, the authority (notwithstanding any other provision of law)--

``(i) to complete, maintain, operate, lease, or otherwise dispose of any property acquired pursuant to the guarantee or a related agreement; or

``(ii) to permit the borrower, pursuant to an agreement with the Secretary, to continue to pursue the purposes of the project, if the Secretary determines the pursuit to be in the public interest.

``(6) Methodology.--Not later than 18 months after the date of enactment of this section, the Administrator of the Environmental Protection Agency shall, by regulation, establish a methodology for use in determining the lifecycle greenhouse gas emissions of products produced using gasification technology.

``(d) Study of Maintaining Coal-to-Liquid Products in Strategic Petroleum Reserve.--Not later than 1 year after the date of enactment of this section, the Secretary and the Secretary of Defense shall--

``(1) conduct a study of the feasibility and suitability of maintaining coal-to-liquid products in the Strategic Petroleum Reserve; and

``(2) submit to the Committee on Energy and Natural Resources and the Committee on Armed Services of the Senate and the Committee on Energy and Commerce and the Committee on Armed Services of the House of Representatives a report describing the results of the study.

``(e) Report on Emissions of Coal-to-Liquid Products Used as Transportation Fuels.--

``(1) In general.--In cooperation with the Secretary, the Secretary of Defense, the Administrator of the Federal Aviation Administration, and the Secretary of Health and Human Services, the Administrator of the Environmental Protection Agency shall--

``(A) carry out a research and demonstration program to evaluate the emissions of the use of coal-to-liquid fuel for transportation, including diesel and jet fuel;

``(B) evaluate the effect of using coal-to-liquid transportation fuel on emissions of vehicles, including motor vehicles and nonroad vehicles, and aircraft (as those terms are defined in sections 216 and 234, respectively, of the Clean Air Act (42 U.S.C. 7550, 7574)); and

``(C) in accordance with paragraph (4), submit to Congress a report on the effect on air and water quality, water scarcity, land use, and public health of using coal-to-liquid fuel in the transportation sector.

``(2) Guidance and technical support.--The Administrator of the Environmental Protection Agency, in consultation with the Secretary, shall issue any guidance or technical support documents necessary to facilitate the effective use of coal-to-liquid fuel and blends under this subsection.

``(3) Requirements.--The program described in paragraph

(1)(A) shall take into consideration--

``(A) the use of neat (100 percent) coal-to-liquid fuel and blends of coal-to-liquid fuels with conventional crude oil-derived fuel for heavy-duty and light-duty diesel engines and the aviation sector;

``(B) the production costs associated with domestic production of those fuels and prices for consumers; and

``(C) the overall greenhouse gas effects of substituting coal-derived fuels for crude oil-derived fuels.

``(4) Reports.--The Administrator of the Environmental Protection Agency shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives--

``(A) not later than 180 days after the date of enactment of this section, an interim report on actions taken to carry out this subsection; and

``(B) not later than 1 year after the date of enactment of this section, a final report on actions taken to carry out this subsection.

``(f) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.''.

(b) Conforming Amendment.--The table of contents of the Energy Policy Act of 1992 (42 U.S.C. prec. 13201) is amended by adding at the end of the items relating to title XXXI the following:

``Sec. 3105. Coal innovation direct loan program.''.

______

SA 1615. Ms. COLLINS (for herself, Ms. Cantwell, Ms. Snowe, and Mrs. Murray) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes; as follows:

At the end of title III, insert the following:

SEC. 305. ABRUPT CLIMATE CHANGE RESEARCH PROGRAM.

(a) Establishment of Program.--The Secretary of Commerce shall establish within the Office of Oceanic and Atmospheric Research of the National Oceanic and Atmospheric Administration, and shall carry out, a program of scientific research on abrupt climate change.

(b) Purposes of Program.--The purposes of the program are as follows:

(1) To develop a global array of terrestrial and oceanographic indicators of paleoclimate in order to sufficiently identify and describe past instances of abrupt climate change.

(2) To improve understanding of thresholds and 0nonlinearities in geophysical systems related to the mechanisms of abrupt climate change.

(3) To incorporate such mechanisms into advanced geophysical models of climate change.

(4) To test the output of such models against an improved global array of records of past abrupt climate changes.

(c) Abrupt Climate Change Defined.--In this section, the term ``abrupt climate change'' means a change in the climate that occurs so rapidly or unexpectedly that human or natural systems have difficulty adapting to the climate as changed.

(d) Authorization of Appropriations.--There is authorized to be appropriated to the Department of Commerce for each of fiscal years 2009 through 2014, to remain available until expended, $10,000,000 to carry out the research program required under this section.

______

SA 1616. Mr. DURBIN (for himself and Mr. Carper) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle B of title I, add the following:

SEC. 131. REPORT ON USE OF FUNDS TO REDUCE OIL AND FUEL

CONSUMPTION.

(a) Report; Incorporation of Information Into Plans.--

(1) Report.--Not later than December 1, 2008, each State and metropolitan planning organization that serves a population of 200,000 or more shall make available to the public, using the Internet and other means commonly used to inform the public, a report that describes--

(A) the ways in which the planned use of Federal funds made available under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Public Law 109-59), and title 23, United States Code, to the State or metropolitan planning organization for the preceding fiscal year, including any documentation or materials assembled in the project development process on anticipated fuel and cost savings benefits, will--

(i) reduce the demand for gasoline and diesel fuels; and

(ii) lower household transportation expenditures; and

(B)(i) the number of residences, jobs, and shopping venues within the State or metropolitan area, as applicable, that are located within \1/2\ of a mile of any transit or intercity rail transportation station or stop; and

(ii) with respect to transit and intercity rail stations and stops described in clause (i)--

(I) the frequency of transit or intercity rail transportation service; and

(II) a description of whether the transit and intercity rail stations and stops are safely accessible by pedestrians.

(2) Incorporation of information into plans.--For fiscal year 2009 and each fiscal year thereafter, each State and metropolitan planning organization described in paragraph (1) shall consider and include in any update or revision of the transportation improvement program of the State or metropolitan planning organization the information required to be included in the report submitted under paragraph (1).

(b) Information, Data, and Technical Assistance.--The Secretary, with assistance from the Bureau of Transportation Statistics, Bureau of Labor Statistics, and other Federal agencies, shall provide to States and metropolitan planning organizations any information, data, and technical assistance that would assist the States and metropolitan planning organizations in preparing the report under subsection

(a)(1).

(c) Report on Fuel Savings.--Not later than July 1, 2009, the Secretary shall submit to Congress a report that describes any cumulative savings in fuel, the most effective fuel savings measures, and any other benefits identified by the States and metropolitan planning organizations, from the use of Federal funds made available under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Public Law 109-59) during each of fiscal years 2008 and 2009.

______

SA 1617. Mr. TESTER submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title III, add the following:

SEC. 305. PROPOSED REGULATORY PLAN.

(a) In General.--Not later than 2 years after the date of enactment of this Act, the President, acting through the Chairman of the Council on Environmental Quality, shall develop a proposed regulatory plan for the long-term geologic storage of carbon dioxide.

(b) Consultation.--In developing the proposed regulatory plan, the Chairman of the Council on Environmental Quality shall consult with--

(1) the Secretary of the Interior;

(2) the Secretary of Agriculture;

(3) the Secretary of Energy;

(4) the Secretary of Transportation;

(5) the Administrator of the Environmental Protection Agency;

(6) the Chairman of the Federal Energy Regulatory Commission;

(7) the Attorney General; and

(8) such other officials as the Chairman of the Council on Environmental Quality determines to be appropriate.

(c) Contents.--The proposed regulatory plan shall include--

(1) a recommended performance standard for long-term geologic storage of carbon dioxide, including--

(A) a minimum period of time that carbon dioxide stored in a geologic formation will remain in the formation without substantial leakage to the atmosphere; and

(B) a maximum percentage of acceptable leakage from a formation over the minimum storage period;

(2) recommended standards for certifying geologic storage sites, which standards shall--

(A) include criteria for site selection and management of long-term storage in each of the types of geologic settings described in section 963(c)(3)(A) of the Energy Policy Act of 2005 (42 U.S.C. 16293(c)(3)(A)); and

(B) ensure that carbon dioxide stored in a geologic storage site shall not--

(i) present a substantial threat to the health or safety of the public or the environment; or

(ii) present a substantial risk of leakage in a quantity in excess of the maximum acceptable leakage rate recommended under paragraph (1)(B);

(3) recommended standards and best practices for the injection of carbon dioxide into, and the management of, geologic storage sites to ensure the suitability of long-term storage;

(4) a proposed regulatory framework for the leasing of Federal land or an interest in land for the long-term geologic storage of carbon dioxide that ensures that--

(A) the views of adjacent residents, landowners, and the general public are heard and considered;

(B) the quality of scientific, scenic, historical, ecological, environmental, air, atmospheric, water resource, and archeological values of the Federal land or an interest in land overlaying a geologic storage site are protected; and

(C) the United States receives fair market value for the use of Federal land or an interest in land for the long-term storage of carbon dioxide;

(5) a report on the potential for any legal liability that may arise out of, or result from, a release of carbon dioxide from a long-term geologic storage site (on Federal or non-Federal land) that may result in bodily injury, sickness, disease, or death, the loss of or damage to property, or the loss of use of property, including--

(A) the likelihood of a release resulting in legal liability;

(B) the maximum amount of legal liability;

(C) the commercial availability of financial protection from legal liability; and

(D) recommendations for additional legislation that may be needed to--

(i) provide financial protection to persons storing carbon dioxide at Federal sites; or

(ii) compensate the public from any harm to 1 or more persons or property resulting from the release of carbon dioxide at a long-term geologic storage site; and

(6) a prioritized list of--

(A) Federal sites that are geologically suitable for storage of carbon dioxide; and

(B) the locations at which carbon dioxide may be stored without adversely affecting the use for which the site was reserved or acquired.

(d) Report to Congress.--Not later than 2 years after the date of enactment of this Act, the President shall submit the proposed regulatory plan to appropriate committees of Congress, including--

(1) the Committee on Energy and Natural Resources of the Senate;

(2) the Committee on Environment and Public Works of the Senate;

(3) the Committee on Energy and Commerce of the House of Representatives; and

(4) the Committee on Natural Resources of the House of Representatives.

(e) Effect on Other Laws.--Nothing in this section modifies or otherwise affects the authority of a Federal land management agency to manage land under the jurisdiction of the agency in accordance with applicable law.

______

SA 1618. Mr. INHOFE submitted an amendment intended to be proposed by him to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. _. ELECTION TO EXPENSE THREE DIMENSIONAL SEISMIC DATA

EXPENDITURES.

(a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 179E the following new section:

``SEC. 179F. ELECTION TO EXPENSE THREE DIMENSIONAL SEISMIC

DATA EXPENDITURES.

``(a) Treatment as Expenses.--Notwithstanding section 167(h), a taxpayer may elect to treat 100 percent of the cost of any qualified three dimensional seismic data expenditure as an expense which is not chargeable to capital account. Any cost so treated shall be allowed as a deduction for the taxable year in which the qualified three dimensional seismic data expenditure is made.

``(b) Election.--

``(1) In general.--An election under this section for any taxable year shall be made on the taxpayer's return of the tax imposed by this chapter for the taxable year. Such election shall specify any three dimensional seismic data expenditure to which the election applies and shall be made in such manner as the Secretary may by regulations prescribe.

``(2) Election irrevocable.--Any election made under this section may not be revoked except with the consent of the Secretary.

``(c) Qualified Three Dimensional Seismic Data Expenditure.--For purposes of this section, the term

`qualified three dimensional seismic data expenditure' means any geological and geophysical expenses described in section 167(h)(1) paid or incurred in connection with the collection, processing, or interpretation of three dimensional seismic data.

``(d) Coordination With Section 179.--No expenditures shall be taken into account under subsection (a) with respect to the portion of the cost of any property specified in an election under section 179.''.

(b) Cross Reference.--Section 167(h) of such Code (relating to amortization of geological and geophysical expenditures) is amended by adding at the end the following new paragraph:

``(6) Treatment of three dimensional seismic data expenditures.--For the treatment of geological and geophysical expenses relating to three dimensional seismic data expenditures, see section 179F.''.

(c) Clerical Amendment.--The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 179E the following new item:

``Sec. 179F. Election to expense three dimensional seismic data expenditures.''.

(d) Effective Date.--The amendments made by this section shall apply to expenditures paid or incurred in taxable years beginning after December 31, 2007.

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SA 1619. Mr. INHOFE submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. ELIMINATION OF TAXABLE INCOME LIMIT ON PERCENTAGE

DEPLETION FOR OIL AND NATURAL GAS PRODUCED FROM

MARGINAL PROPERTIES.

(a) In General.--Subparagraph (H) of section 613A(c)(6) of the Internal Revenue Code of 1986 (relating to oil and natural gas produced from marginal properties) is amended to read as follows:

``(H) Nonapplication of taxable income limit with respect to marginal production.--The second sentence of subsection

(a) of section 613 shall not apply to so much of the allowance for depletion as is determined under subparagraph

(A).''.

(b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2006.

______

SA 1620. Mr. INHOFE submitted an amendment intended to be proposed by him to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. _. INCREASE OF BARRELS PER DAY AND CUBIC FEET

LIMITATIONS.

(a) In General.--Section 613A(c) of the Internal Revenue Code of 1986 (relating to exemption for independent producers and royalty owners) is amended--

(1) by striking ``1,000'' in paragraph (3)(B) and inserting

``1,500'', and

(2) by striking ``6,000'' in paragraph (4) and inserting

``9,000''.

(b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007.

______

SA 1621. Mr. INHOFE submitted an amendment intended to be proposed by him to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. _. INCREASED PHASEOUT THRESHOLD CREDIT FOR PRODUCING OIL

AND GAS FROM MARGINAL WELLS.

(a) In General.--Section 45I(b)(2)(A) of the Internal Revenue Code of 1986 (relating to reduction as oil and gas prices increase) is amended--

(1) in clause (i)--

(A) by striking ``$15'' and inserting ``$22'', and

(B) by striking ``$1.67'' and inserting ``$2.50'', and

(2) by striking ``$0.33'' in clause (ii) and inserting

``$0.30''.

(b) Amendment of Inflation Adjustment.--Subparagraph (B) of section 45I(b)(2) of such Code (relating to inflation adjustment) is amended--

(1) by striking ``2005'' and inserting ``2008'', and

(2) by striking ``2004'' and inserting ``2007''.

(c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007.

______

SA 1622. Mr. INHOFE submitted an amendment intended to be proposed by him to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. _. INCREASE OF BARRELS PER DAY LIMITATION FOR THE SMALL

REFINER EXCEPTION.

(a) In General.--Section 613A(d)(4) of the Internal Revenue Code of 1986 (relating to exclusion of certain refiners) is amended by striking ``75,000'' and inserting ``100,000''.

(b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2007.

____________________

SOURCE: Congressional Record Vol. 153, No. 97