H.R. 4513 - Renewable Energy Project Siting Improvement Act of 2004 and H.R. 4529 - Arctic Coastal Plain & Surface Mining Improvement Act of 2004

COMMITTEE ACTION: REPORTED BY VOICE VOTE on Monday, June 14, 2004.
FLOOR ACTION:ADOPTED BY A RECORD VOTE OF 226 -193, AFTER AGREEING ON THE PREVIOUS QUESTION BY A RECORD VOTE OF 221 - 198 on Tuesday, June 15, 2004.
MANAGERS: REYNOLDS/HASTINGS (FL)
108th Congress
2nd Session

H.R. 4513 - Renewable Energy Project Siting Improvement Act of 2004 and H.R. 4529 - Arctic Coastal Plain & Surface Mining Improvement Act of 2004

1. Provides for consideration of H.R. 4513 under a modified closed rule.

2. Provides one hour of debate in the House on H.R. 4513 equally divided and controlled by the chairman and ranking minority member of the Committee on Resources.

3. Makes in order the amendment printed in Part A of the Rules Committee report accompanying the resolution, if offered by Representative Pombo of California or his designee, which shall be considered as read and shall be separately debatable for 10 minutes equally divided and controlled by the proponent and an opponent.

4. Waives all points of order against the amendment printed in part A of the report.

5. Provides one motion to recommit H.R. 4513 with or without instructions.

6. Section 2 of the resolution provides for consideration of H.R. 4529 under a modified closed rule.

7. Provides one hour of debate in the House on H.R. 4529, with 50 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on Resources and 10 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on Ways and Means.

8. Makes in order the amendment in the nature of a substitute printed in Part B of the Rules Committee report accompanying the resolution, if offered by Representative Pombo of California or his designee, which shall be considered as read and shall be separately debatable for 10 minutes equally divided and controlled by the proponent and an opponent.

9. Waives all points of order against the amendment in the nature of a substitute printed in part B of the report.

10. Provides one motion to recommit H.R. 4529 with or without instructions.

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RESOLUTION

Resolved, That upon the adoption of this resolution it shall be in order to consider in the House the bill (H.R. 4513) to provide that in preparing an environmental assessment or environmental impact statement required under section 102 of the National Environmental Policy Act of 1969 with respect to any action authorizing a renewable energy project, no Federal agency is required to identify alternative project locations or actions other than the proposed action and the no action alternative, and for other purposes. The bill shall be considered as read for amendment. The previous question shall be considered as ordered on the bill and on any amendment thereto to final passage without intervening motion except: (1) one hour of debate on the bill equally divided and controlled by the chairman and ranking minority member of the Committee on Resources; (2) the amendment printed in part A of the report of the Committee on Rules accompanying this resolution, if offered by Representative Pombo of California or his designee, which shall be in order without intervention of any point of order or demand for division of the question, shall be considered as read, and shall be separately debatable for ten minutes equally divided and controlled by the proponent and an opponent; and (3) one motion to recommit with or without instructions.

Sec. 2. Upon the adoption of this resolution it shall be in order to consider in the House the bill (H.R. 4529) to provide for exploration, development, and production of oil and gas resources on the Arctic Coastal Plain of Alaska, to resolve outstanding issues relating to the Surface Mining Control and Reclamation Act of 1977, to benefit the coal miners of America, and for other purposes. The bill shall be considered as read for amendment. The previous question shall be considered as ordered on the bill and on any amendment thereto to final passage without intervening motion except: (1) one hour of debate on the bill, with 50 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on Resources and 10 minutes equally divided and controlled by chairman and ranking minority member of the Committee on Ways and Means; (2) the amendment in the nature of a substitute printed in part B of the report of the Committee on Rules accompanying this resolution, if offered by Representative Pombo of California 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 ten minutes equally divided and controlled by the proponent and an opponent; and (3) one motion to recommit with or without instructions.

PART-A
SUMMARY OF AMENDMENT MADE IN ORDER

(summaries derived from information provided by sponsors)

Pombo #1
Manager's Amendment. Clarifies that the environmental review processes in H.R. 4513 do not apply to oil and gas leasing activities. (10 minutes)

PART-B
SUMMARY OF AMENDMENT SUMMARY OF AMENDMENT IN THE NATURE OF A SUBSTITUTE MADE IN ORDER

(summaries derived from information provided by sponsors)

Pombo #2
Manager's Amendment. Reflects certain technical changes needed to conform with existing laws. The bill as introduced did not place all stakeholders on an equal footing in regard to treatment of their coal miner healthcare benefits obligations and liabilities. This amendment ensures equity of stakeholders regarding treatment of their healthcare benefits obligations and liabilities by placing each stakeholder in line to receive monies from each of the funding mechanisms, including: Abandoned Mine Land (AML) Reclamation Fund interest account; Rural Abandoned Mine Program (RAMP) monies; Payments from the Coal Mining Fairness Fund that is funded by ANWR; and Repayable advances as needed. The bill as introduced did not place all stakeholders having healthcare benefits obligations and liabilities into the RAMP funding stream. This amendment makes available the remaining RAMP balance and stranded interest to help meet the obligations of the Combined Benefit Fund, the 1992 and 1993 Plan beneficiaries, and future premiums otherwise paid for by the reachback companies. This money would be utilized prior to use of ANWR monies and advances. The bill as introduced pays certified Indian Tribes a specified "state share" from the AML fund that they are owed by the federal government through the payment of RAMP monies. This amendment attempts to alleviate any under- or overpayment to the certified Tribes by stating that these Tribes will be paid their state share balance as of the date of enactment. The bill as introduced did not tie the success of all stakeholders with coalminer healthcare obligations and liabilities to the success of ANWR. The overarching reason we are at this point in time to attempt to fix the myriad of problems that are AML and related is because ANWR has the potential to generate significant revenue that could be directed to fixing these problems. The amendment ensures the success of these stakeholders is contingent upon the success of ANWR. If ANWR does not move forward for any reason, we revert right back to current law under this amendment. (10 minutes)

TEXT OF THE AMENDMENT(.pdf)

PART A

Pombo #1

PART B