S.Amdt. 3665

1. Adds TITLE II--MISCELLANEOUS at the end of the bill

   Adds a title

   In S. 2569 · Placed on Calendar Senate

   (d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act.

   Inserted: TITLE II--MISCELLANEOUS

   Inserted: SEC. 201. COMMERCIAL DRIVERS LICENSE SKILLS TESTING REPORT.

   Inserted: (a) Study.--

   Inserted: (1) In general.--The Comptroller General of the United States shall conduct a study to determine--

   Inserted: (A) the Commercial Drivers License (referred to in this section as "CDL") skills testing procedures used by each State;

   Inserted: (B) whether States using the procedures described in paragraph (2)(A) have reduced testing wait times, on average, compared to the procedures described in subparagraphs (B) and (C) of paragraph (2);

   Inserted: (C) for each of the 3 CDL skills testing procedures described in paragraph (2)--

   Inserted: (i) the average time between a CDL applicant's request for a CDL skills test and such test in States using such procedure;

   Inserted: (ii) the failure rate of CDL applicants in States using such procedure; and

   Inserted: (iii) the average time between a CDL applicant's request to retake a CDL skills test and such test; and

   Inserted: (D) the total economic impact of CDL skills testing delays.

   Inserted: (2) Skills testing procedures.--The procedures described in this paragraph are--

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   Inserted: (A) third party testing, using nongovernmental contractors to proctor CDL skills tests on behalf of the State;

   Inserted: (B) modified third party testing, administering CDL skills tests at State testing facilities, community colleges, or a limited number of third parties; and

   Inserted: (C) State testing, administering CDL skills tests only at State-owned facilities.

   Inserted: (b) Report.--Not later than 180 days after the date of enactment of this Act, the Comptroller General shall submit a report to Congress that contains the results of the study conducted pursuant to subsection (a).

   Inserted: SEC. 202. WAIVER OF NONCONFLICTING REGULATIONS FOR INFRASTRUCTURE PROJECTS.

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

   Inserted: (1) Infrastructure project.--

   Inserted: (A) In general.--The term "infrastructure project" means any physical systems project carried out in the United States, such as a project relating to transportation, communications, sewage, or water.

   Inserted: (B) Inclusion.--The term "infrastructure project" includes a project for energy infrastructure.

   Inserted: (2) Nonconflicting regulation.--The term "nonconflicting regulation" means a Federal regulation applicable to an infrastructure project, the waiver of which would not conflict with any provision of Federal or State law, as determined by the Secretary concerned.

   Inserted: (3) Secretary concerned.--

   Inserted: (A) In general.--The term "Secretary concerned" means the head of a Federal department or agency with jurisdiction over a nonconflicting regulation.

   Inserted: (B) Inclusions.--The term "Secretary concerned" includes--

   Inserted: (i) the Administrator of the Environmental Protection Agency, with respect to nonconflicting regulations of the Environmental Protection Agency; and

   Inserted: (ii) the Secretary of the Army, acting through the Chief of Engineers, with respect to nonconflicting regulations of the Corps of Engineers.

   Inserted: (b) Action by Secretary Concerned.--

   Inserted: (1) In general.--Subject to paragraph (3), on receipt of a request of the Governor of a State in which an infrastructure project is conducted, the Secretary concerned shall waive any nonconflicting regulation applicable to the infrastructure project that, as determined by the Secretary concerned, in consultation with the Governor, impedes or could impede the progress of the infrastructure project.

   Inserted: (2) Deadline for waiver.--The Secretary concerned shall waive a nonconflicting regulation by not later than 90 days after the date of receipt of a request under paragraph (1).

   Inserted: (3) Exception.--The Secretary concerned shall provide a waiver under this subsection with respect to a nonconflicting regulation unless the Secretary concerned provides to the applicable Governor, by not later than the date described in paragraph (2), a written notice that the nonconflicting regulation is necessary due to a specific, direct, and quantifiable concern for safety or the environment.

   Inserted: SEC. 203. STATE CONTROL OF ENERGY DEVELOPMENT AND PRODUCTION ON ALL AVAILABLE FEDERAL LAND.

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

   Inserted: (1) Available federal land.--The term "available Federal land" means any Federal land that, as of May 31, 2013--

   Inserted: (A) is located within the boundaries of a State;

   Inserted: (B) is not held by the United States in trust for the benefit of a federally recognized Indian tribe;

   Inserted: (C) is not a unit of the National Park System;

   Inserted: (D) is not a unit of the National Wildlife Refuge System; and

   Inserted: (E) is not a Congressionally designated wilderness area.

   Inserted: (2) Secretary.--The term "Secretary" means the Secretary of the Interior.

   Inserted: (3) State.--The term "State" means--

   Inserted: (A) a State; and

   Inserted: (B) the District of Columbia.

   Inserted: (b) State Programs.--

   Inserted: (1) In general.--A State--

   Inserted: (A) may establish a program covering the leasing and permitting processes, regulatory requirements, and any other provisions by which the State would exercise its rights to develop all forms of energy resources on available Federal land in the State; and

   Inserted: (B) as a condition of certification under subsection (c)(2) shall submit a declaration to the Departments of the Interior, Agriculture, and Energy that a program under subparagraph (A) has been established or amended.

   Inserted: (2) Amendment of programs.--A State may amend a program developed and certified under this section at any time.

   Inserted: (3) Certification of amended programs.--Any program amended under paragraph (2) shall be certified under subsection (c)(2).

   Inserted: (c) Leasing, Permitting, and Regulatory Programs.--

   Inserted: (1) Satisfaction of federal requirements.--Each program certified under this section shall be considered to satisfy all applicable requirements of Federal law (including regulations), including--

   Inserted: (A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

   Inserted: (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and

   Inserted: (C) the National Historic Preservation Act (16 U.S.C. 470 et seq.).

   Inserted: (2) Federal certification and transfer of development rights.--Upon submission of a declaration by a State under subsection (b)(1)(B)(i)--

   Inserted: (A) the program under subsection (b)(1)(A) shall be certified; and

   Inserted: (B) the State shall receive all rights from the Federal Government to develop all forms of energy resources covered by the program.

   Inserted: (3) Issuance of permits and leases.--If a State elects to issue a permit or lease for the development of any form of energy resource on any available Federal land within the borders of the State in accordance with a program certified under paragraph (2), the permit or lease shall be considered to meet all applicable requirements of Federal law (including regulations).

   Inserted: (d) Judicial Review.--Activities carried out in accordance with this section shall not be subject to judicial review.

   Inserted: (e) Administrative Procedure Act.--Activities carried out in accordance with this sectuib shall not be subject to subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the "Administrative Procedure Act").

   Inserted: SEC. 204. FRACTURING REGULATIONS ARE EFFECTIVE IN STATE HANDS.

   Inserted: (a) Findings.--Congress finds that--

   Inserted: (1) hydraulic fracturing is a commercially viable practice that has been used in the United States for more than 60 years in more than 1,000,000 wells;

   Inserted: (2) the Ground Water Protection Council, a national association of State water regulators that is considered to be a leading groundwater protection organization in the United States, released a report entitled "State Oil and Natural Gas Regulations Designed to Protect Water Resources" and dated May 2009 finding that the "current State regulation of oil and gas activities is environmentally proactive and preventive";

   Inserted: (3) that report also concluded that "[a]ll oil and gas producing States have regulations which are designed to provide protection for water resources";

   Inserted: (4) a 2004 study by the Environmental Protection Agency, entitled "Evaluation of Impacts to Underground Sources of Drinking Water by Hydraulic Fracturing of Coalbed Methane Reservoirs", found no evidence of drinking water wells contaminated by fracture fluid from the fracked formation;

   Inserted: (5) a 2009 report by the Ground Water Protection Council, entitled "State Oil and Natural Gas Regulations Designed to Protect Water Resources", found a "lack of evidence" that hydraulic fracturing conducted in both deep and shallow formations presents a risk of endangerment to ground water;

   Inserted: (6) a January 2009 resolution by the Interstate Oil and Gas Compact Commission stated "The states, who regulate production, have comprehensive laws and regulations to ensure operations are safe and to protect drinking water. States have found no verified cases of groundwater contamination associated with hydraulic fracturing.";

   Inserted: (7) on May 24, 2011, before the Oversight and Government Reform Committee of the House of Representatives, Lisa Jackson, the Administrator of the Environmental Protection Agency, testified that she was "not aware of any proven case where the fracking process itself has affected water";

   Inserted: (8) in 2011, Bureau of Land Management Director Bob Abbey stated, "We have not seen evidence of any adverse effect as a result of the use of the chemicals that are part of that fracking technology.";

   Inserted: (9)(A) activities relating to hydraulic fracturing (such as surface discharges, wastewater disposal, and air emissions) are already regulated at the Federal level under a variety of environmental statutes, including portions of--

   Inserted: (i) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.);

   Inserted: (ii) the Safe Drinking Water Act (42 U.S.C. 300f et seq.); and

   Inserted: (iii) the Clean Air Act (42 U.S.C. 7401 et seq.); but

   Inserted: (B) Congress has continually elected not to include the hydraulic fracturing process in the underground injection control program under the Safe Drinking Water Act (42 U.S.C. 300f et seq.);

   Inserted: (10) in 2011, the Secretary of the Interior announced the intention to promulgate new Federal regulations governing hydraulic fracturing on Federal land; and

   Inserted: (11) a February 2012 study by the Energy Institute at the University of Texas at Austin, entitled "Fact-Based Regulation for Environmental Protection in Shale Gas Development", found that "[n]o evidence of chemicals from hydraulic fracturing fluid has been found in aquifers as a result of fracturing operations".

   Inserted: (b) Definition of Federal Land.--In this section, the term "Federal land" means--

   Inserted: (1) public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702));

   Inserted: (2) National Forest System land;

   Inserted: (3) land under the jurisdiction of the Bureau of Reclamation; and

   Inserted: (4) land under the jurisdiction of the Corps of Engineers.

   Inserted: (c) State Authority.--

   Inserted: (1) In general.--A State shall have the sole authority to promulgate or enforce any regulation, guidance, or permit requirement regarding the treatment of a well by the application of fluids under pressure to which propping agents may be added for the expressly designed purpose of initiating or propagating fractures in a target geologic formation in order to enhance production of oil, natural gas, or geothermal production activities on or under any land within the boundaries of the State.

   Inserted: (2) Federal land.--The treatment of a well by the application of fluids under pressure to which propping agents may be added for the expressly designed purpose of initiating or propagating fractures in a target geologic formation in order to enhance production of oil, natural gas, or geothermal production activities on Federal land shall be subject to the law of the State in which the land is located.

   Inserted: SEC. 205. ALTERNATIVE FUEL VEHICLE DEVELOPMENT.

   Inserted: (a) Alternative Fuel Vehicles.--

   Inserted: (1) Maximum fuel economy increase for alternative fuel automobiles.--Section 32906(a) of title 49, United States Code, is amended by striking "(except an electric automobile)" and inserting "(except an electric automobile or, beginning with model year 2016, an alternative fueled automobile that does not use a fuel described in subparagraph (A), (B), (C), or (D) of section 32901(a)(1))".

   Inserted: (2) Minimum driving ranges for dual fueled passenger automobiles.--Section 32901(c)(2) of title 49, United States Code, is amended--

   Inserted: (A) in subparagraph (B), by inserting ", except that beginning with model year 2016, alternative fueled automobiles that do not use a fuel described in subparagraph (A), (B), (C), or (D) of subsection (a)(1) shall have a minimum driving range of 150 miles" after "at least 200 miles"; and

   Inserted: (B) in subparagraph (C), by adding at the end the following: "Beginning with model year 2016, if the Secretary prescribes a minimum driving range of 150 miles for alternative fueled automobiles that do not use a fuel described in subparagraph (A), (B), (C), or (D) of subsection (a)(1), subparagraph (A) shall not apply to dual fueled automobiles (except electric automobiles).".

   Inserted: (3) Manufacturing provision for alternative fuel automobiles.--Section 32905(d) of title 49, United States Code, is amended--

   Inserted: (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;

   Inserted: (B) by striking "For any model" and inserting the following:

   Inserted: "(1) Model years 1993 through 2015.--For any model";

   Inserted: (C) in paragraph (1), as redesignated, by striking "2019" and inserting "2015"; and

   Inserted: (D) by adding at the end the following:

   Inserted: "(2) Model years after 2015.--For any model of gaseous fuel dual fueled automobile manufactured by a manufacturer after model year 2015, the Administrator shall calculate fuel economy as a weighted harmonic average of the fuel economy on gaseous fuel as measured under subsection (c) and the fuel economy on gasoline or diesel fuel as measured under section 32904(c). The Administrator shall apply the utility factors set forth in the table under section 600.510-12(c)(2)(vii)(A) of title 40, Code of Federal Regulations.

   Inserted: "(3) Model years after 2016.--Beginning with model year 2017, the manufacturer may elect to utilize the utility factors set forth under subsection (e)(1) for the purposes of calculating fuel economy under paragraph (2).".

   Inserted: (4) Electric dual fueled automobiles.--Section 32905 of title 49, United States Code, is amended--

   Inserted: (A) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and

   Inserted: (B) by inserting after subsection (d) the following:

   Inserted: "(e) Electric Dual Fueled Automobiles.--

   Inserted: "(1) In general.--At the request of the manufacturer, the Administrator may measure the fuel economy for any model of dual fueled automobile manufactured after model year 2015 that is capable of operating on electricity in addition to gasoline or diesel fuel, obtains its electricity from a source external to the vehicle, and meets the minimum driving range requirements established by the Secretary for dual fueled electric automobiles, by dividing 1.0 by the sum of--

   Inserted: "(A) the percentage utilization of the model on gasoline or diesel fuel, as determined by a formula based on the model's alternative fuel range, divided by the fuel economy measured under section 32904(c); and

   Inserted: "(B) the percentage utilization of the model on electricity, as determined by a formula based on the model's alternative fuel range, divided by the fuel economy measured under section 32904(a)(2).

   Inserted: "(2) Alternative utilization.--The Administrator may adapt the utility factor established under paragraph (1) for alternative fueled automobiles that do not use a fuel described in subparagraph (A), (B), (C), or (D) of section 32901(a)(1).

   Inserted: "(3) Alternative calculation.--If the manufacturer does not request that the Administrator calculate the manufacturing incentive for its electric dual fueled automobiles in accordance with paragraph (1), the Administrator shall calculate such incentive for such automobiles manufactured by such manufacturer after model year 2015 in accordance with subsection (b).".

   Inserted: (5) Conforming amendment.--Section 32906(b) of title 49, United States Code, is amended by striking "section 32905(e)" and inserting "section 32905(f)".

   Inserted: (b) High Occupancy Vehicle Facilities.--Section 166 of title 23, United States Code, is amended--

   Inserted: (1) in subparagraph (b)(5), by striking subparagraph (A) and inserting the following:

   Inserted: "(A) Inherently low-emission vehicles.--If a State agency establishes procedures for enforcing the restrictions on the use of a HOV facility by vehicles listed in clauses (i) and (ii), the State agency may allow the use of the HOV facility by--

   Inserted: "(i) alternative fuel vehicles; and

   Inserted: "(ii) new qualified plug-in electric drive motor vehicles (as defined in section 30D(d)(1) of the Internal Revenue Code of 1986)."; and

   Inserted: (2) in subparagraph (f)(1), by inserting "solely" before "operating".

   Inserted: (c) Study.--Not later than 180 days after the date of enactment of this Act, the Secretary of Energy, after consultation with the Secretary of Transportation, shall submit a report to Congress that--

   Inserted: (1) describes options to incentivize the development of public compressed natural gas fueling stations; and

   Inserted: (2) analyzes a variety of possible financing tools, which could include--

   Inserted: (A) Federal grants and credit assistance;

   Inserted: (B) public-private partnerships; and

   Inserted: (C) membership-based cooperatives.

   Inserted: SEC. 206. CATEGORICAL EXCLUSIONS IN EMERGENCIES.

   Inserted: Section 1315 of the Moving Ahead for Progress in the 21st Century Act (23 U.S.C. 109 note; 126 Stat. 549) is amended by striking "activity is--" and all that follows through "(2) commenced" and inserting "activity is commenced".

   Inserted: SEC. 207. CATEGORICAL EXCLUSIONS FOR PROJECTS WITHIN RIGHT-OF-WAY.

   Inserted: Section 1316 of the Moving Ahead for Progress in the 21st Century Act (23 U.S.C. 109 note; 126 Stat. 549) is amended--

   Inserted: (1) in the heading of subsection (b), by striking "an Operational"; and

   Inserted: (2) in subsection (a)(1) and subsection (b), by striking "operational" each place it appears.

   Inserted: SEC. 208. LIMITATIONS ON CERTAIN FEDERAL ASSISTANCE.

   Inserted: Section 176 of the Clean Air Act (42 U.S.C. 7506) is amended--

   Inserted: (1) by striking "(c)(1) No" and all that follows through "(d) Each" and inserting the following:

   Inserted: "(a) In General.--Each";

   Inserted: (2) in the first sentence, by striking "prepared under this section"; and

   Inserted: (3) by striking the second sentence and inserting the following:

   Inserted: "(b) Applicability.--This section applies to--

   Inserted: "(1) title 23, United States Code;

   Inserted: "(2) chapter 53 of title 49, United States Code; and

   Inserted: "(3) the Housing and Urban Development Act of 1968 (12 U.S.C. 1701t et seq.).".

   Inserted: SEC. 209. TERMINATION OF EFFECTIVENESS.

   Inserted: (a) In General.--The amendments made by this title shall terminate on the day that is 30 days after the date of enactment of this Act if the Secretary of Labor, acting through the Bureau of Labor Statistics, in coordination with the heads of other Federal agencies, including the Administrator of the Environmental Protection Agency and the Secretary of Health and Human Services, fails to publish in the Federal Register a report that models the impact of major Federal regulations on job creation across the whole economy of the United States.

   Inserted: (b) Updates.--

   Inserted: (1) In general.--The Secretary of Labor, acting through the Bureau of Labor Statistics, shall update the report described in subsection (a) not less frequently than once every 30 days.

   Inserted: (2) Termination.--The amendments made by this title shall terminate on the date that is 30 days after the date on which the most recent report described in paragraph (1) is required if the Secretary of Labor, acting through the Bureau of Labor Statistics, fails to update the report in accordance with paragraph (1).

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