S.Amdt. 4932Senate110th Congress (2007-2009)

S.Amdt. 4932

What it does: 13 changes: replaces text in 8 places, strikes text in 3 places, inserts text, adds a section

What it changes

13 changes to S. 3036

Replaces text in 8 placesStrikes text in 3 placesInserts textAdds a section

We couldn't match these changes to the text of S. 3036, so they're shown as written.

Change 1: Rewrites page 16, lines 19–24
ReplacesPrinted page
Removes page 16, lines 19–24 of the printed bill. See that page
Inserted: (1) Additional; additionality.--
Inserted: (A) In general.--The terms "additional" and "additionality" mean the extent to which reductions in greenhouse gas emissions or increases in sequestration are incremental to business-as-usual, measured as the difference between--
Inserted: (i) baseline greenhouse gas fluxes of an offset project; and
Inserted: (ii) greenhouse gas fluxes of the offset project.
Inserted: (B) Biological sequestration.--The terms "additional" and "additionality" mean, with respect to biological sequestration, the extent to which reductions in greenhouse gas emissions or increases in sequestration are incremental to the baseline, measured as the difference between--
Inserted: (i) the baseline established for the applicable base year; and
Inserted: (ii) verified net changes in greenhouse gases or carbon stocks.
Original wording
On page 16, strike lines 19 through 24 and insert the following:
Change 2: Replaces “sections 1313(a) and 1314(b)” with “section 1313(a)”
ReplacesPage 25, lines 20–21Printed page
~~[struck: sections 1313(a) and 1314(b)]~~[inserted: section 1313(a)]
Original wording
On page 25, lines 20 and 21, strike “sections 1313(a) and 1314(b)” and insert “section 1313(a)”.
Change 3: Rewrites page 74, lines 6–9
ReplacesPrinted page
Removes page 74, lines 6–9 of the printed bill. See that page
Inserted: TITLE III--REDUCING EMISSIONS THROUGH DOMESTIC OFFSETS
Original wording
Beginning on page 74, strike line 6 through 9 and insert the following:
Change 4: Strikes “international allowances under section 322 and”
StrikesPage 78, lines 4–5Printed page
Struck: international allowances under section 322 and
Original wording
On page 78, lines 4 and 5, strike “international allowances under section 322 and”.
Change 5: Rewrites page 84, lines 7–14
ReplacesPrinted page
Removes page 84, lines 7–14 of the printed bill. See that page
Inserted: (B) changes in carbon stocks attributed to land use change and forestry activities, including--
Inserted: (i) afforestation or reforestation of acreage not forested as of October 18, 2007;
Inserted: (ii) sustainably managed forests resulting in positive changes in carbon stocks, including--
Inserted: (I) long-lived wood products in use for a period of at least 100 years; and
Inserted: (II) wood stored in landfills in accordance with guidelines established pursuant to section 1605(b) of the Energy Policy Act of 1992 (42 U.S.C. 13385(b)); and
Inserted: (iii) conservation of grassland and forested land;
Original wording
On page 84, strike lines 7 through 14 and insert the following:
Change 6: Strikes “and”
StrikesPage 98, line 7Printed page
Struck: and
Original wording
On page 98, line 7, strike “and”.
Change 7: Inserts new text on page 98, between lines 7 and 8
InsertsPrinted page
Inserted: (C) guidelines established pursuant to section 1605(b) of the Energy Policy Act of 1992 (42 U.S.C. 13385(b)) for use in the quantification of forestry and agriculture offsets; and
Original wording
On page 98, between lines 7 and 8, insert the following:
Change 8: Replaces “(C)” with “(D)”
ReplacesPage 98, line 8Printed page
~~[struck: (C)]~~[inserted: (D)]
Original wording
On page 98, line 8, strike “(C)” and insert “(D)”.
Change 9: Rewrites page 98, lines 20–23
ReplacesPrinted page
Removes page 98, lines 20–23 of the printed bill. See that page
Inserted: (B) except in any case in which a forest is managed under a third-party certification system (including but not limited to, the Sustainable Forestry Initiative, the Forest Stewardship Council, and the American Tree Farm System), require that leakage be subtracted from reductions, destruction, avoidance in greenhouse gas emissions or increases in sequestration attributable to a project.
Original wording
On page 98, strike lines 20 through 23 and insert the following:
Change 10: Rewrites page 98, line 24 through page 99, line 18
ReplacesPrinted page
Removes page 98, line 24 through page 99, line 18 of the printed bill. See that page
Inserted: (2) Additionality determination and baseline estimation.--The standardized methods used to determine additionality and establish baselines shall, for each project type, at a minimum--
Inserted: (A) in the case of a biological sequestration project, determine the greenhouse gas flux or change in carbon stocks using a base year as the baseline carbon stocks, to be established using forest and agriculture inventory quantification methods in accordance with section 1605(b) of the Energy Policy Act of 1992 (42 U.S.C. 13385(b));
Inserted: (B) in the case of an emission reduction project, use as a basis emissions from comparable land or facilities; and
Inserted: (C) in the case of a sequestration project or emission reduction project, specify a selected time period.
Original wording
Beginning on page 98, strike line 24 and all that follows through page 99, line 18, and insert the following:
Change 11: Adds SEC. 312. DOMESTIC FORESTRY CARBON MANAGEMENT TOOLS on page 112, between lines 2 and 3
Adds a sectionPrinted page
Inserted: SEC. 312. DOMESTIC FORESTRY CARBON MANAGEMENT TOOLS.
Inserted: (a) Definition of Renewable Biomass.--Section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)) is amended by striking subparagraph (I) and inserting the following:
Inserted: "(I) Renewable biomass.--The term 'renewable biomass' means--
Inserted: "(i) planted crops and crop residue harvested from agricultural land cleared or cultivated at any time prior to the date of enactment of the Lieberman-Warner Climate Security Act of 2008 that is--
Inserted: "(I) actively managed; or
Inserted: "(II) fallow and nonforested;
Inserted: "(ii) renewable materials (such as trees, wood, brush, thinnings, chips, and slash) that--
Inserted: "(I) are removed--
Inserted: "(aa) to reduce hazardous fuels;
Inserted: "(bb) to reduce or contain disease or insect infestation; or
Inserted: "(cc) to restore forest health;
Inserted: "(II) would not otherwise be used for higher-value products; and
Show 17 more inserted paragraphsShow less
Inserted: "(III) are removed from National Forest System land or public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)) in accordance with--
Inserted: "(aa) applicable land management plans; and
Inserted: "(bb) the requirements for old-growth maintenance, restoration, and management direction of paragraphs (2), (3), and (4) of subsection (e) and the requirements for large-tree retention of subsection (f) of section 102 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6512); or
Inserted: "(iii) renewable materials (such as trees, wood, brush, thinnings, chips, and slash) that are removed from non-Federal forest land or from forest land belonging to an Indian tribe, or an Indian individual, that is held in trust by the United States or subject to a restriction against alienation imposed by the United States, including--
Inserted: "(I) animal waste and byproducts (including fats, oils, greases, and manure);
Inserted: "(II) algae; and
Inserted: "(III) separated yard waste or food waste, including recycled cooking and trap grease.".
Inserted: (b) Tax Credit Rate Parity for Open-Loop Biomass Facilities.--
Inserted: (1) In general.--Section 45(b)(4)(A) of the Internal Revenue Code of 1986 (relating to credit rate) is amended by striking "(3),".
Inserted: (2) Effective date.--The amendment made by this subsection shall apply to electricity produced and sold in calendar years beginning after the date of the enactment of this Act.
Inserted: (c) Stewardship End-Result Contracting Projects.--Section 8 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2104) is amended--
Inserted: (1) by redesignating subsection (h) as subsection (j) and moving that subsection so as to appear at the end of the section; and
Inserted: (2) by inserting after subsection (g) the following:
Inserted: "(h) Cancellation or Termination Costs.--
Inserted: "(1) In general.--Notwithstanding section 304B of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 254c) or any other provision of law, the Secretary shall not obligate funds to cover the cost of cancelling a Forest Service stewardship multiyear contract under section 347 of the Department of the Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 2104 note; section 101(e) of division A of Public Law 105-277) until the contract is cancelled.
Inserted: "(2) Cost of cancellation or termination.--The costs of any cancellation or termination of a multiyear stewardship contract may be paid from any appropriations that are made available to the Forest Service.
Inserted: "(3) Anti-deficiency act violations.--In a case in which payment or obligation of funds under this subsection would constitute a violation of section 1341 of title 31, United States Code (commonly known as the 'Anti-Deficiency Act'), the Secretary shall seek a supplemental appropriation.".
Original wording
On page 112, between lines 2 and 3, insert the following:
Change 12: Strikes page 112, line 3 through page 116, line 16
StrikesPrinted page
Removes page 112, line 3 through page 116, line 16 of the printed bill. See that page
Original wording
Beginning on page 112, strike line 3 and all that follows through page 116, line 16.
Change 13: Rewrites page 150, lines 15–22
ReplacesPrinted page
Removes page 150, lines 15–22 of the printed bill. See that page
Inserted: (3) Increase the quantity of offset allowances.
Original wording
On page 150, strike lines 15 through 22 and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 4932. Mr. CRAIG (for himself, Mr. Domenici, Mr. Barrasso, Mr. Allard, and Mr. Crapo) submitted an amendment intended to be proposed by him to the bill S. 3036, to direct the Administrator of the Environmental Protection Agency to establish a program to decrease emissions of greenhouse gases, and for other purposes; which was ordered to lie on the table; as follows:

On page 16, strike lines 19 through 24 and insert the following:

(1) Additional; additionality.--

(A) In general.--The terms “additional” and “additionality” mean the extent to which reductions in greenhouse gas emissions or increases in sequestration are incremental to business-as-usual, measured as the difference between--

(i) baseline greenhouse gas fluxes of an offset project; and

(ii) greenhouse gas fluxes of the offset project.

(B) Biological sequestration.--The terms “additional” and “additionality” mean, with respect to biological sequestration, the extent to which reductions in greenhouse gas emissions or increases in sequestration are incremental to the baseline, measured as the difference between--

(i) the baseline established for the applicable base year; and

(ii) verified net changes in greenhouse gases or carbon stocks.

On page 25, lines 20 and 21, strike “sections 1313(a) and 1314(b)” and insert “section 1313(a)”.

Beginning on page 74, strike line 6 through 9 and insert the following:

TITLE III--REDUCING EMISSIONS THROUGH DOMESTIC OFFSETS

On page 78, lines 4 and 5, strike “international allowances under section 322 and”.

On page 84, strike lines 7 through 14 and insert the following:

(B) changes in carbon stocks attributed to land use change and forestry activities, including--

(i) afforestation or reforestation of acreage not forested as of October 18, 2007;

(ii) sustainably managed forests resulting in positive changes in carbon stocks, including--

(I) long-lived wood products in use for a period of at least 100 years; and

(II) wood stored in landfills in accordance with guidelines established pursuant to section 1605(b) of the Energy Policy Act of 1992 (42 U.S.C. 13385(b)); and

(iii) conservation of grassland and forested land;

On page 98, line 7, strike “and”.

On page 98, between lines 7 and 8, insert the following:

(C) guidelines established pursuant to section 1605(b) of the Energy Policy Act of 1992 (42 U.S.C. 13385(b)) for use in the quantification of forestry and agriculture offsets; and

On page 98, line 8, strike “(C)” and insert “(D)”.

On page 98, strike lines 20 through 23 and insert the following:

(B) except in any case in which a forest is managed under a third-party certification system (including but not limited to, the Sustainable Forestry Initiative, the Forest Stewardship Council, and the American Tree Farm System), require that leakage be subtracted from reductions, destruction, avoidance in greenhouse gas emissions or increases in sequestration attributable to a project.

Beginning on page 98, strike line 24 and all that follows through page 99, line 18, and insert the following:

(2) Additionality determination and baseline estimation.--The standardized methods used to determine additionality and establish baselines shall, for each project type, at a minimum--

(A) in the case of a biological sequestration project, determine the greenhouse gas flux or change in carbon stocks using a base year as the baseline carbon stocks, to be established using forest and agriculture inventory quantification methods in accordance with section 1605(b) of the Energy Policy Act of 1992 (42 U.S.C. 13385(b));

(B) in the case of an emission reduction project, use as a basis emissions from comparable land or facilities; and

On page 112, between lines 2 and 3, insert the following:

SEC. 312. DOMESTIC FORESTRY CARBON MANAGEMENT TOOLS.

(a) Definition of Renewable Biomass.--Section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)) is amended by striking subparagraph (I) and inserting the following:

“(I) Renewable biomass.--The term ‘renewable biomass' means--

“(i) planted crops and crop residue harvested from agricultural land cleared or cultivated at any time prior to the date of enactment of the Lieberman-Warner Climate Security Act of 2008 that is--

“(I) actively managed; or

“(II) fallow and nonforested;

“(ii) renewable materials (such as trees, wood, brush, thinnings, chips, and slash) that--

“(I) are removed--

“(aa) to reduce hazardous fuels;

“(bb) to reduce or contain disease or insect infestation; or

“(cc) to restore forest health;

“(II) would not otherwise be used for higher-value products; and

“(III) are removed from National Forest System land or public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)) in accordance with--

“(aa) applicable land management plans; and

“(bb) the requirements for old-growth maintenance, restoration, and management direction of paragraphs (2), (3), and (4) of subsection (e) and the requirements for large-tree retention of subsection (f) of section 102 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6512); or

“(iii) renewable materials (such as trees, wood, brush, thinnings, chips, and slash) that are removed from non-Federal forest land or from forest land belonging to an Indian tribe, or an Indian individual, that is held in trust by the United States or subject to a restriction against alienation imposed by the United States, including--

“(I) animal waste and byproducts (including fats, oils, greases, and manure);

“(II) algae; and

“(III) separated yard waste or food waste, including recycled cooking and trap grease.”.

(b) Tax Credit Rate Parity for Open-Loop Biomass Facilities.--

(1) In general.--Section 45(b)(4)(A) of the Internal Revenue Code of 1986 (relating to credit rate) is amended by striking “(3),”.

(2) Effective date.--The amendment made by this subsection shall apply to electricity produced and sold in calendar years beginning after the date of the enactment of this Act.

(c) Stewardship End-Result Contracting Projects.--Section 8 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2104) is amended--

(1) by redesignating subsection (h) as subsection (j) and moving that subsection so as to appear at the end of the section; and

(2) by inserting after subsection (g) the following:

“(h) Cancellation or Termination Costs.--

“(1) In general.--Notwithstanding section 304B of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 254c) or any other provision of law, the Secretary shall not obligate funds to cover the cost of cancelling a Forest Service stewardship multiyear contract under section 347 of the Department of the Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 2104 note; section 101(e) of division A of Public Law 105-277) until the contract is cancelled.

“(2) Cost of cancellation or termination.--The costs of any cancellation or termination of a multiyear stewardship contract may be paid from any appropriations that are made available to the Forest Service.

“(3) Anti-deficiency act violations.--In a case in which payment or obligation of funds under this subsection would constitute a violation of section 1341 of title 31, United States Code (commonly known as the ‘Anti-Deficiency Act'), the Secretary shall seek a supplemental appropriation.”.

Beginning on page 112, strike line 3 and all that follows through page 116, line 16.

On page 150, strike lines 15 through 22 and insert the following:

(3) Increase the quantity of offset allowances.

Congressional Record PDF

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Senate amendment submitted

June 5, 2008