"(iii) Nothing in this subparagraph shall be construed as requiring a hearing or an oral presentation of views where none is required by law or, in the absence of such a requirement, where the Administrator determines a hearing or oral presentation is not appropriate.". LIMITATION ON THE ADMINISTRATOR'S AUTHORITY WITH RESPECT TO SEC. 106. Section 7 of the Federal Energy Administration Act of 1974 is amended by adding at the end thereof the following: "(k) The Administrator or his delegate may not exercise discretion to maintain a civil action (other than an action for injunctive relief) or issue a remedial order against any person whose sole petroleum industry operation relates to the marketing of petroleum products, for any violation of any rule or regulation if— (1) such civil action or order is based upon a retroactive application of such rule or regulation or is based upon a retroactive interpretation of such rule or regulation; and "(2) such person relied in good faith upon rules, regulations, or rulings interpreting such rules or regulations, in effect on the date of the violation.”. MAINTAINING ACCOUNTS OR RECORDS FOR COMPLIANCE PURPOSES; AND SEC. 107. Section 13 of the Federal Energy Administration Act of 1974 is amended by adding at the end thereof the following: "(g) With respect to any person who is subject to any rule, regulation, or order promulgated by the Administrator or to any provision of law the administration of which is vested in or transferred or delegated to the Administrator, the Administrator may require, by rule, the keeping of such accounts or records as he determines are necessary or appropriate for determining compliance with such rule, regulation, order, or any applicable provision of law. "(h) In exercising his authority under this Act and any other provision of law relating to the collection of energy information, the Administrator shall take into account the size of businesses required to submit reports with the Administrator so as to avoid, to the greatest extent practicable, overly burdensome reporting requirements on small marketers and distributors of petroleum products and other small business concerns required to submit reports to the Administrator.". PENALTIES FOR FAILURE TO FILE INFORMATION SEC. 108. Section 13 of the Federal Energy Administration Act of 1974 as amended by this Act is further amended by adding at the end thereof the following new subsection: 15 USC 766. 15 USC 772. "(i) Any failure to make information available to the Administrator under subsection (b), any failure to comply with any general or special order under subsection (c), or any failure to allow the Administrator to act under subsection (d) shall be subject to the same penalties as any violation of section 11 of the Energy Supply and Environmental Coordination Act of 1974 or any rule, regulation, or order issued under 15 USC 796. such section.". 15 USC 774. Energy analysis. 15 USC 777. 15 USC 761 note. REPORTS SEC. 109. (a) Section 15 of the Federal Energy Administration Act of 1974 is amended (1) by striking out subsection (a) thereof; and (2) by redesignating subsections (b), (c), (d), and (e) as subsections (a), (b), (c), and (d), respectively. (b) Section 15 (b) of such Act (as redesignated by subsection (a) of this section) is amended (1) by striking out "and" in paragraph (4) after "period;"; (2) in paragraph (5) by striking out the period at the end thereof and inserting in lieu thereof; and"; and (3) by inserting at the end of such subsection the following: (6) an analysis of the energy needs of the United States and the methods by which such needs can be met, including both tax and nontax proposals and energy conservation strategies. In the first annual report submitted after the date of enactment of the Energy Conservation and Production Act, the Administrator shall include in such report with respect to the analysis referred to in paragraph (6) a specific discussion of the utility and relative benefits of employing a Btu tax as a means for obtaining national energy goals.”. (c) Section 15 of such Act (as amended by this section) is further amended by adding at the end thereof the following: "(e) The analysis referred to in subsection (b) (6) shall include, for each of the next five fiscal years following the year in which the annual report is submitted and for the tenth fiscal year following such year "(1) the effect of various conservation programs on such energy needs; "(2) the alternate methods of meeting the energy needs identified in such annual report and of "(A) the relative capital and other economic costs of each such method; "(B) the relative environmental, national security, and balance-of-trade risks of each such method; "(C) the other relevant advantages and disadvantages of each such method; and "(3) recommendations for the best method or methods of meeting the energy needs identified in such annual report and for legislation needed to meet those needs. Notwithstanding the termination of this Act, the President shall designate an appropriate Federal agency to conduct the analysis specified in subsection (b) (6).”. (d) Section 18(d) of the Federal Energy Administration Act of 1974 is amended by striking out "a report every six months" and inserting in lieu thereof "an annual report". AUTHORIZATIONS OF APPROPRIATIONS SEC. 110. Section 29 of the Federal Energy Administration Act of 1974 is amended to read as follows: "SEC. 29. (a) There are authorized to be appropriated to the Federal Energy Administration the following sums: "(1) subject to the restrictions specified in subsection (b), to carry out the functions identified as assigned to Executive Direction and Administration of the Federal Energy Administration as of January 1, 1976 "(A) for the period beginning July 1, 1976, and ending September 30, 1976, not to exceed $8,655,000; and (B) for the fiscal year ending September 30, 1977, not to exceed $33,086,000. "(2) to carry out the functions identified as assigned to the Office of Energy Policy and Analysis as of January 1, 1976 "(A) for the period beginning July 1, 1976, and ending September 30, 1976, not to exceed $8,137,000; and (B) for the fiscal year ending September 30, 1977, not to exceed $34,971,000. "(3) to carry out the functions identified as assigned to the Office of Regulatory Programs as of January 1, 1976— "(A) for the period beginning July 1, 1976, and ending September 30, 1976, not to exceed $13,238,000; and (B) for the fiscal year ending September 30, 1977, not to exceed $62,459,000. "(4) to carry out the functions identified as assigned to the Office of Conservation and the Environment as of January 1, 1976 (other than functions described in title II of the Energy Conservation and Production Act) "(A) for the period beginning July 1, 1976, and ending September 30, 1976, not to exceed $7,386,000; and (B) for the fiscal year ending September 30, 1977, not to exceed $37,000,000. "(5) to carry out the functions identified as assigned to the Office of Energy Resource Development as of January 1, 1976 "(A) for the period beginning July 1, 1976, and ending September 30, 1976, not to exceed $3,052,000; and (B) for the fiscal year ending September 30, 1977, not to exceed $16,934,000. "(6) to carry out the functions identified as assigned to the Office of International Energy Affairs as of January 1, 1976 "(A) for the period beginning July 1, 1976, and ending September 30, 1976, not to exceed $300,000; and (B) for the fiscal year ending September 30, 1977, not to exceed $1,921,000. "(7) subject to the restriction specified in subsection (c), to carry out a program to develop the policies, plans, implementation strategies, and program definitions for promoting accelerated utilization and widespread commercialization of solar energy and to provide overall coordination of Federal solar energy commercialization activities— "(A) for the period beginning July 1, 1976, and ending September 30, 1976, not to exceed $500,000; and (B) for the fiscal year ending September 30, 1977, not to exceed $2,500,000. "(8) for the purpose of permitting public use of the Project Independence Evaluation System pursuant to section 31 of this Post, p. 1142. Act, not to exceed the aggregate amount of the fees estimated to Post, p. 1132. be charged for such use. "(b) The following restrictions shall apply to the authorization of Restrictions. appropriations specified in paragraph (1) of subsection (a) "(1) amounts to carry out the functions identified as assigned to the Office of Communications and Public Affairs as of January 1, 1976, shall not exceed $607,000 for the period beginning July 1, 1976, and ending September 30, 1976, and shall not exceed $2,036,000 for the fiscal year ending September 30, 1977; and 15 USC 784. 15 USC 761 note. Effective date. 15 USC 761 note. 15 USC 787. 15 USC 757. "(2) no amounts authorized to be appropriated in such paragraph may be used to carry out the functions identified as assigned to the Office of Nuclear Affairs as of January 1, 1976. "(c) No amounts authorized to be appropriated in paragraph (7) of subsection (a) may be used to carry out solar energy research, development, or demonstration activities.". COLLECTION OF INFORMATION CONCERNING EXPORTS OF COAL OR SEC. 111. Section 25 of the Federal Energy Administration Act of 1974 is amended by adding at the end thereof the following new subsection: "(d) The Administrator shall not be required to collect independently information described in subsection (a) if he can secure the information described in subsection (a) from other Federal agencies and the information secured from such agencies is available to the Congress pursuant to a request under subsection (b).”. FEDERAL ENERGY ADMINISTRATION ACT EXTENSION SEC. 112. (a) The second sentence of section 30 of the Federal Energy Administration Act of 1974 is amended to read as follows: "This Act shall terminate December 31, 1977.". (b) The amendment made by subsection (a) to section 30 of the Federal Energy Administration Act of 1974 shall take effect on July 30, 1976. PROJECT INDEPENDENCE EVALUATION SYSTEM DOCUMENTATION AND ACCESS SEC. 113. The Federal Energy Administration Act of 1974 is amended by adding at the end thereof the following new section: "PROJECT INDEPENDENCE EVALUATION SYSTEM DOCUMENTATION AND ACCESS "SEC. 31. The Administrator of the Federal Energy Administration shall "(1) submit to the Congress, not later than September 1, 1976, full and complete structural and parametric documentation, and not later than January 1, 1977, operating documentation, of the Project Independence Evaluation System computer model; "(2) provide access to such model to representatives of committees of the Congress in an expeditious manner; and "(3) permit the use of such model on the computer system maintained by the Federal Energy Administration by any member of the public upon such reasonable terms and conditions as the Administrator shall, by rule, prescribe. Such rules shall provide that any member of the public who uses such model may be charged a fair and reasonable fee, as determined by the Administrator, for using such model.". PART B-PRODUCTION ENHANCEMENT AND OTHER RELATED MATTERS EXEMPTION OF STRIPPER WELL PRODUCTION SEC. 121. Section 8 of the Emergency Petroleum Allocation Act of 1973 is amended by adding at the end thereof the following new subsection: "(i) (1) The first sale price of stripper well crude oil shall be exempt from the regulation promulgated under section 4 of this Act as amended pursuant to the requirements of this section. For the purpose 15 USC 753. of this section, the President shall include in the computation of the actual weighted average first sale price for crude oil produced in the United States in any month subsequent to August 1976 the actual volume of stripper well crude oil produced in the United States in such subsequent month and such actual volume shall be deemed to have been sold at a first sale price equal to $11.63 per barrel plus the difference between the actual weighted average first sale price in August 1976, for crude oil, other than stripper well crude oil, produced in the United States, and the actual average first sale price in such subsequent month of all classifications of crude oil, other than stripper well crude oil, produced in the United States, weighted as if cach such classification were produced in such subsequent month in the same proportion as such classification, or the most nearly comparable classification which existed on August 1, 1976, was produced in August 1976. "(2) For the purposes of this subsection, 'stripper well crude oil' means crude oil produced and sold from a property whose maximum average daily production of crude oil per well during any consecutive 12-month period beginning after December 31, 1972, does not exceed 10 barrels. "Stripper well. crude oil." "(3) To qualify for the exemption under this subsection, a property Qualification. must be producing crude oil at the maximum feasible rate through out the 12-month qualifying period and in accordance with recog nized conservation practices. "(4) The President may define terms used in this subsection consistent with the purposes thereof.". ENHANCEMENT OF DOMESTIC PRODUCTION SEC. 122. Section 8 of the Emergency Petroleum Allocation Act of 1973 (as amended by section 121 of this Act) is further amended— 15 USC 757. (1) in subsection (d) (1), by striking out "any adjustment as a production incentive shall not permit an increase in the maximum weighted average first sale price in excess of 3 per centum per annum (compounded annually), unless modified pursuant to this section, and"; (2) in subsection (d) (3) (C), by striking out", including production from stripper wells"; (3) in subsection (e) (1), by striking out "(A) a production incentive adjustment to the maximum weighted average first sale price in excess of the 3 per centum limitation specified in subsection (d) (1), (B)", and by striking out "such subsection, or (C) both.", and inserting in lieu thereof "subsection (d) (1)."; (4) in subsection (e)(2), by striking out "an additional adjustment as a production incentive, or", and by striking out 66 or both,"; (5) in subsection (f) (1), by adding before the period at the end thereof the following: "and an analysis of the effects on price and the production of domestic crude oil resulting from the amendments made to this section by sections 121 and 122 of the Energy Conservation and Production Act"; 90 STAT. 1133 |