U.S. Congress - Text of H.R.3505 as Introduced in House American Energy Production and Price Reduction Act
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Donate NowH.R.3505 - American Energy Production and Price Reduction Act
To increase the supply of American made energy, reduce energy costs to the American taxpayer, provide a long term energy framework to reduce dependence on foreign oil, tap into American sources of energy, and reduce the size of the Federal deficit.
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HR 3505 IHCommentsClose CommentsPermalink
111th CONGRESSCommentsClose CommentsPermalink
1st SessionCommentsClose CommentsPermalink
H. R. 3505CommentsClose CommentsPermalink
To increase the supply of American made energy, reduce energy costs to the American taxpayer, provide a long-term energy framework to reduce dependence on foreign oil, tap into American sources of energy, and reduce the size of the Federal deficit.CommentsClose CommentsPermalink
IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink
July 31, 2009CommentsClose CommentsPermalink
July 31, 2009CommentsClose CommentsPermalink
Mr. GARY G. MILLER of California (for himself and Mr. ROONEY) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committees on Ways and Means, Energy and Commerce, the Judiciary, and Science and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink
A BILLCommentsClose CommentsPermalink
To increase the supply of American made energy, reduce energy costs to the American taxpayer, provide a long-term energy framework to reduce dependence on foreign oil, tap into American sources of energy, and reduce the size of the Federal deficit.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘American Energy Production and Price Reduction Act’.CommentsClose CommentsPermalink
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:CommentsClose CommentsPermalink
Sec. 1. Short title.CommentsClose CommentsPermalink
Sec. 2. Table of contents.CommentsClose CommentsPermalink
TITLE I--SENSE OF CONGRESS
Sec. 101. Sense of Congress.CommentsClose CommentsPermalink
TITLE II--AMERICAN OIL PRODUCTION
Subtitle A--Outer Continental Shelf
Sec. 201. Definitions under the Submerged Lands Act.CommentsClose CommentsPermalink
Sec. 202. Seaward boundaries of States.CommentsClose CommentsPermalink
Sec. 203. Exceptions from confirmation and establishment of States’ title, power, and rights.CommentsClose CommentsPermalink
Sec. 204. Definitions under the Outer Continental Shelf Lands Act.CommentsClose CommentsPermalink
Sec. 205. Determination of Adjacent Zones and Planning Areas.CommentsClose CommentsPermalink
Sec. 206. Administration of leasing.CommentsClose CommentsPermalink
Sec. 207. Grant of leases by Secretary.CommentsClose CommentsPermalink
Sec. 208. Disposition of receipts.CommentsClose CommentsPermalink
Sec. 209. Reservation of lands and rights.CommentsClose CommentsPermalink
Sec. 210. Outer Continental Shelf leasing program.CommentsClose CommentsPermalink
Sec. 211. Coordination with Adjacent States.CommentsClose CommentsPermalink
Sec. 212. Environmental studies.CommentsClose CommentsPermalink
Sec. 213. Outer Continental Shelf incompatible use.CommentsClose CommentsPermalink
Sec. 214. Repurchase of certain leases.CommentsClose CommentsPermalink
Sec. 215. Offsite environmental mitigation.CommentsClose CommentsPermalink
Sec. 216. OCS regional headquarters.CommentsClose CommentsPermalink
Sec. 217. Leases for areas located within 100 miles of California or Florida.CommentsClose CommentsPermalink
Sec. 218. Coastal impact assistance.CommentsClose CommentsPermalink
Sec. 219. Repeal of the Gulf of Mexico Energy Security Act of 2006.CommentsClose CommentsPermalink
Subtitle B--ANWR
Sec. 231. Short title.CommentsClose CommentsPermalink
Sec. 232. Definitions.CommentsClose CommentsPermalink
Sec. 233. Leasing program for lands within the Coastal Plain.CommentsClose CommentsPermalink
Sec. 234. Lease sales.CommentsClose CommentsPermalink
Sec. 235. Grant of leases by the Secretary.CommentsClose CommentsPermalink
Sec. 236. Lease terms and conditions.CommentsClose CommentsPermalink
Sec. 237. Coastal Plain environmental protection.CommentsClose CommentsPermalink
Sec. 238. Expedited judicial review.CommentsClose CommentsPermalink
Sec. 239. Federal and State distribution of revenues.CommentsClose CommentsPermalink
Sec. 240. Rights-of-way across the Coastal Plain.CommentsClose CommentsPermalink
Sec. 241. Conveyance.CommentsClose CommentsPermalink
Sec. 242. Local government impact aid and community service assistance.CommentsClose CommentsPermalink
TITLE III--NUCLEAR POWER
Sec. 301. Waste Confidence.CommentsClose CommentsPermalink
Sec. 302. ASME Nuclear Certification credit.CommentsClose CommentsPermalink
TITLE IV--REGULATORY BURDENS
Sec. 401. Greenhouse gas regulation under Clean Air Act.CommentsClose CommentsPermalink
Sec. 402. NEPA judicial review.CommentsClose CommentsPermalink
Sec. 403. Repeal of 2007 amendments to renewable fuel standard.CommentsClose CommentsPermalink
Sec. 404. Repeal of requirement to consult regarding impacts on global warming and polar bear population.CommentsClose CommentsPermalink
Sec. 405. Light bulb choice.CommentsClose CommentsPermalink
Sec. 406. Repeal of deduction for income attributable to domestic production activities.CommentsClose CommentsPermalink
TITLE V--SOLAR POWER
Sec. 501. Short title.CommentsClose CommentsPermalink
Sec. 502. Exemption of solar energy projects from environmental impact statement requirement.CommentsClose CommentsPermalink
TITLE VI--NATURAL GAS
Sec. 601. Natural gas vehicle research, development, and demonstration projects.CommentsClose CommentsPermalink
Sec. 602. Alternative fuel credit with respect to compressed or liquefied natural gas made permanent.CommentsClose CommentsPermalink
Sec. 603. Alternative fuel vehicle credit made permanent with respect to vehicles powered by compressed or liquefied natural gas.CommentsClose CommentsPermalink
Sec. 604. Allowance of vehicle and infrastructure credits against regular and minimum tax and transferability of credits.CommentsClose CommentsPermalink
Sec. 605. Credit for producing vehicles fueled by natural gas or liquified natural gas.CommentsClose CommentsPermalink
TITLE VII--CLEAN COAL
Sec. 701. Coal-to-liquid facilities.CommentsClose CommentsPermalink
Sec. 702. Permanent extension of the credit for nonbusiness energy property and the credit for gas produced from biomass and for synthetic fuels produced from coal.CommentsClose CommentsPermalink
Sec. 703. Coal-to-liquid fuel loan guarantee program.CommentsClose CommentsPermalink
Sec. 704. Coal-to-liquid facilities loan program.CommentsClose CommentsPermalink
Sec. 705. 7-year depreciation for clean coal technology or for carbon sequestration technology installed or retro-fit at power-plants.CommentsClose CommentsPermalink
Sec. 706. Extension of 50 cent per gallon alternative fuels excise tax credit.CommentsClose CommentsPermalink
Sec. 707. Provides a 20 percent investment tax credit capped at $200 million total per ctl plant placed in service before 2016.CommentsClose CommentsPermalink
Sec. 708. Reduces recovery period for certain energy production and distribution facilities.CommentsClose CommentsPermalink
Sec. 709. DOE clean coal technology loan guarantees and direct loans.CommentsClose CommentsPermalink
Sec. 710. Carbon dioxide storage capacity assessment.CommentsClose CommentsPermalink
Sec. 711. Efficiency audit and quantification.CommentsClose CommentsPermalink
TITLE VIII--TAX INCENTIVES
Sec. 801. Extension of credit for energy efficient appliances.CommentsClose CommentsPermalink
Sec. 802. Extension of credit for nonbusiness energy property.CommentsClose CommentsPermalink
Sec. 803. Extension of credit for residential energy efficient property.CommentsClose CommentsPermalink
Sec. 804. Extension of new energy efficient home credit.CommentsClose CommentsPermalink
Sec. 805. Extension of energy efficient commercial buildings deduction.CommentsClose CommentsPermalink
Sec. 806. Extension of special rule to implement FERC and State electric restructuring policy.CommentsClose CommentsPermalink
Sec. 807. Home energy audits.CommentsClose CommentsPermalink
Sec. 808. Extension of renewable electricity, refined coal, and Indian coal production credit.CommentsClose CommentsPermalink
Sec. 809. Extension of energy credit.CommentsClose CommentsPermalink
Sec. 810. Credit for clean renewable energy bonds made permanent.CommentsClose CommentsPermalink
Sec. 811. Extension of credits for biodiesel and renewable diesel.CommentsClose CommentsPermalink
Sec. 812. Alternative fuel vehicle refueling property credit made permanent.CommentsClose CommentsPermalink
TITLE I--SENSE OF CONGRESSCommentsClose CommentsPermalink
TITLE I--SENSE OF CONGRESSCommentsClose CommentsPermalink
SEC. 101. SENSE OF CONGRESS.
It is the sense of Congress that at no time shall Congress enact legislation that will lead to the increase of domestic energy prices.CommentsClose CommentsPermalink
TITLE II--AMERICAN OIL PRODUCTIONCommentsClose CommentsPermalink
TITLE II--AMERICAN OIL PRODUCTIONCommentsClose CommentsPermalink
Subtitle A--Outer Continental ShelfCommentsClose CommentsPermalink
Subtitle A--Outer Continental ShelfCommentsClose CommentsPermalink
SEC. 201. DEFINITIONS UNDER THE SUBMERGED LANDS ACT.
Section 2 of the Submerged Lands Act (
(1) in subparagraph (2) of paragraph (a) by striking all after ‘seaward to a line’ and inserting ‘twelve nautical miles distant from the coast line of such State;’;CommentsClose CommentsPermalink
(2) by striking out paragraph (b) and redesignating the subsequent paragraphs in order as paragraphs (b) through (g);CommentsClose CommentsPermalink
(3) by striking the period at the end of paragraph (g) (as so redesignated) and inserting ‘; and’;CommentsClose CommentsPermalink
(4) by adding the following:CommentsClose CommentsPermalink
‘(i) The term ‘Secretary’ means the Secretary of the Interior.’; andCommentsClose CommentsPermalink
(5) by defining ‘State’ as it is defined in section 2(r) of the Outer Continental Shelf Lands Act (
SEC. 202. SEAWARD BOUNDARIES OF STATES.
Section 4 of the Submerged Lands Act (
(1) in the first sentence by striking ‘original’, and in the same sentence by striking ‘three geographical’ and inserting ‘twelve nautical’; andCommentsClose CommentsPermalink
(2) by striking all after the first sentence and inserting the following: ‘Extension and delineation of lateral offshore State boundaries under the provisions of this Act shall follow the lines used to determine the Adjacent Zones of coastal States under the Outer Continental Shelf Lands Act to the extent such lines extend twelve nautical miles for the nearest coastline.’.CommentsClose CommentsPermalink
SEC. 203. EXCEPTIONS FROM CONFIRMATION AND ESTABLISHMENT OF STATES’ TITLE, POWER, AND RIGHTS.
Section 5 of the Submerged Lands Act (
(1) by redesignating paragraphs (a) through (c) in order as paragraphs (1) through (3);CommentsClose CommentsPermalink
(2) by inserting ‘(a)’ before ‘There is excepted’; andCommentsClose CommentsPermalink
(3) by inserting at the end the following:CommentsClose CommentsPermalink
‘(b) Exception of Oil and Gas Mineral Rights- There is excepted from the operation of sections 3 and 4 all of the oil and gas mineral rights for lands beneath the navigable waters that are located within the expanded offshore State seaward boundaries established under this Act. These oil and gas mineral rights shall remain Federal property and shall be considered to be part of the Federal outer Continental Shelf for purposes of the Outer Continental Shelf Lands Act (
43 U.S.C. 1331 et seq.) and subject to leasing under the authority of that Act and to laws applicable to the leasing of the oil and gas resources of the Federal outer Continental Shelf. All existing Federal oil and gas leases within the expanded offshore State seaward boundaries shall continue unchanged by the provisions of this Act, except as otherwise provided herein. However, a State may exercise all of its sovereign powers of taxation within the entire extent of its expanded offshore State boundaries.’.CommentsClose CommentsPermalink
SEC. 204. DEFINITIONS UNDER THE OUTER CONTINENTAL SHELF LANDS ACT.
Section 2 of the Outer Continental Shelf Lands Act (
(1) by amending paragraph (f) to read as follows:CommentsClose CommentsPermalink
‘(f) The term ‘affected State’ means the ‘Adjacent State’.’;CommentsClose CommentsPermalink
(2) by striking the semicolon at the end of each of paragraphs (a) through (o) and inserting a period;CommentsClose CommentsPermalink
(3) by striking ‘; and’ at the end of paragraph (p) and inserting a period;CommentsClose CommentsPermalink
(4) by adding at the end the following:CommentsClose CommentsPermalink
‘(r) The term ‘Adjacent State’ means, with respect to any program, plan, lease sale, leased tract, or other activity, proposed, conducted, or approved pursuant to the provisions of this Act, any State the laws of which are declared, pursuant to section 4(a)(2), to be the law of the United States for the portion of the outer Continental Shelf on which such program, plan, lease sale, leased tract, or activity appertains or is, or is proposed to be, conducted. For purposes of this paragraph, the term ‘State’ includes the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, American Samoa, Guam, and the other territories of the United States.CommentsClose CommentsPermalink
‘(s) The term ‘Adjacent Zone’ means, with respect to any program, plan, lease sale, leased tract, or other activity proposed, conducted, or approved pursuant to the provisions of this Act, the portion of the outer Continental Shelf for which the laws of a particular Adjacent State are declared, pursuant to section 4(a)(2), to be the law of the United States.CommentsClose CommentsPermalink
‘(t) The term ‘miles’ means statute miles.CommentsClose CommentsPermalink
‘(u) The term ‘coastline’ has the same meaning as the term ‘coast line’ as defined in section 2(c) of the Submerged Lands Act (
43 U.S.C. 1301(c) ).CommentsClose CommentsPermalink‘(v) The term ‘Neighboring State’ means a coastal State having a common boundary at the coastline with the Adjacent State.’; andCommentsClose CommentsPermalink
(5) in paragraph (a), by inserting after ‘control’ the following: ‘or lying within the United States exclusive economic zone adjacent to the territories of the United States’.CommentsClose CommentsPermalink
SEC. 205. DETERMINATION OF ADJACENT ZONES AND PLANNING AREAS.
Section 4(a)(2)(A) of the Outer Continental Shelf Lands Act (
SEC. 206. ADMINISTRATION OF LEASING.
Section 5 of the Outer Continental Shelf Lands Act (
‘(k) Voluntary Partial Relinquishment of a Lease- Any lessee of a producing lease may relinquish to the Secretary any portion of a lease that the lessee has no interest in producing and that the Secretary finds is geologically prospective. In return for any such relinquishment, the Secretary shall provide to the lessee a royalty incentive for the portion of the lease retained by the lessee, in accordance with regulations promulgated by the Secretary to carry out this subsection. The Secretary shall publish final regulations implementing this subsection within 365 days after the date of the enactment of the American Energy Production and Price Reduction Act.CommentsClose CommentsPermalink
‘(l) Natural Gas Lease Regulations- Not later than July 1, 2010, the Secretary shall publish a final regulation that shall--CommentsClose CommentsPermalink
‘(1) establish procedures for entering into natural gas leases;CommentsClose CommentsPermalink
‘(2) ensure that natural gas leases are only available for tracts on the outer Continental Shelf that are wholly within 100 miles of the coastline within an area withdrawn from disposition by leasing on the day after the date of enactment of the American Energy Production and Price Reduction Act;CommentsClose CommentsPermalink
‘(3) provide that natural gas leases shall contain the same rights and obligations established for oil and gas leases, except as otherwise provided in the American Energy Production and Price Reduction Act;CommentsClose CommentsPermalink
‘(4) provide that, in reviewing the adequacy of bids for natural gas leases, the value of any crude oil estimated to be contained within any tract shall be excluded;CommentsClose CommentsPermalink
‘(5) provide that any crude oil produced from a well and reinjected into the leased tract shall not be subject to payment of royalty, and that the Secretary shall consider, in setting the royalty rates for a natural gas lease, the additional cost to the lessee of not producing any crude oil; andCommentsClose CommentsPermalink
‘(6) provide that any Federal law that applies to an oil and gas lease on the outer Continental Shelf shall apply to a natural gas lease unless otherwise clearly inapplicable.’.CommentsClose CommentsPermalink
SEC. 207. GRANT OF LEASES BY SECRETARY.
Section 8 of the Outer Continental Shelf Lands Act (
(1) in subsection (a)(1) by inserting after the first sentence the following: ‘Further, the Secretary may grant natural gas leases in a manner similar to the granting of oil and gas leases and under the various bidding systems available for oil and gas leases.’;CommentsClose CommentsPermalink
(2) by adding at the end of subsection (b) the following: ‘The Secretary may issue more than one lease for a given tract if each lease applies to a separate and distinct range of vertical depths, horizontal surface area, or a combination of the two. The Secretary may issue regulations that the Secretary determines are necessary to manage such leases consistent with the purposes of this Act.’;CommentsClose CommentsPermalink
(3) by amending subsection (p)(2)(B) to read as follows:CommentsClose CommentsPermalink
‘(B) The Secretary shall provide for the payment to coastal States, and their local coastal governments, of 75 percent of Federal receipts from projects authorized under this section located partially or completely within the area extending seaward of State submerged lands out to 4 marine leagues from the coastline, and the payment to coastal States of 50 percent of the receipts from projects completely located in the area more than 4 marine leagues from the coastline. Payments shall be based on a formula established by the Secretary by rulemaking no later than 180 days after the date of the enactment of the American Energy Production and Price Reduction Act that provides for equitable distribution, based on proximity to the project, among coastal States that have coastline that is located within 200 miles of the geographic center of the project.’;CommentsClose CommentsPermalink
(4) by adding at the end the following:CommentsClose CommentsPermalink
‘(q) Natural Gas Leases-CommentsClose CommentsPermalink
‘(1) RIGHT TO PRODUCE NATURAL GAS- A lessee of a natural gas lease shall have the right to produce the natural gas from a field on a natural gas leased tract if the Secretary estimates that the discovered field has at least 40 percent of the economically recoverable Btu content of the field contained within natural gas and such natural gas is economical to produce.CommentsClose CommentsPermalink
‘(2) CRUDE OIL- A lessee of a natural gas lease may not produce crude oil from the lease unless the Governor of the Adjacent State agrees to such production.CommentsClose CommentsPermalink
‘(3) ESTIMATES OF BTU CONTENT- The Secretary shall make estimates of the natural gas Btu content of discovered fields on a natural gas lease only after the completion of at least one exploration well, the data from which has been tied to the results of a three-dimensional seismic survey of the field. The Secretary may not require the lessee to further delineate any discovered field prior to making such estimates.CommentsClose CommentsPermalink
‘(4) DEFINITION OF NATURAL GAS- For purposes of a natural gas lease, natural gas means natural gas and all substances produced in association with gas, including, but not limited to, hydrocarbon liquids (other than crude oil) that are obtained by the condensation of hydrocarbon vapors and separate out in liquid form from the produced gas stream.CommentsClose CommentsPermalink
‘(r) Removal of Restrictions on Joint Bidding in Certain Areas of the Outer Continental Shelf- Restrictions on joint bidders shall no longer apply to tracts located in the Alaska OCS Region. Such restrictions shall not apply to tracts in other OCS regions determined to be ‘frontier tracts’ or otherwise ‘high cost tracts’ under final regulations that shall be published by the Secretary by not later than 365 days after the date of the enactment of the American Energy Production and Price Reduction Act.CommentsClose CommentsPermalink
‘(s) Royalty Suspension Provisions- After the date of the enactment of the American Energy Production and Price Reduction Act, price thresholds shall apply to any royalty suspension volumes granted by the Secretary. Unless otherwise set by the Secretary by regulation or for a particular lease sale, the price thresholds shall be $40.50 for oil (January 1, 2006 dollars) and $6.75 for natural gas (January 1, 2006 dollars).CommentsClose CommentsPermalink
‘(t) Conservation of Resources Fees- Not later than one year after the date of the enactment of the American Energy Production and Price Reduction Act, the Secretary by regulation shall establish a conservation of resources fee for nonproducing leases that will apply to new and existing leases which shall be set at $3.75 per acre per year. This fee shall apply from and after October 1, 2008, and shall be treated as offsetting receipts.’;CommentsClose CommentsPermalink
(5) by striking subsection (a)(3)(A) and redesignating the subsequent subparagraphs as subparagraphs (A) and (B), respectively;CommentsClose CommentsPermalink
(6) in subsection (a)(3)(A) (as so redesignated) by striking ‘In the Western’ and all that follows through ‘the Secretary’ the first place it appears and inserting ‘The Secretary’; andCommentsClose CommentsPermalink
(7) effective October 1, 2009, in subsection (g)--CommentsClose CommentsPermalink
(A) by striking all after ‘(g)’, except paragraph (3);CommentsClose CommentsPermalink
(B) by striking the last sentence of paragraph (3); andCommentsClose CommentsPermalink
(C) by striking ‘(3)’.CommentsClose CommentsPermalink
SEC. 208. DISPOSITION OF RECEIPTS.
Section 9 of the Outer Continental Shelf Lands Act (
(1) by designating the existing text as subsection (a);CommentsClose CommentsPermalink
(2) in subsection (a) (as so designated) by inserting ‘, if not paid as otherwise provided in this title’ after ‘receipts’; andCommentsClose CommentsPermalink
(3) by adding the following:CommentsClose CommentsPermalink
‘(b) Treatment of OCS Receipts From Tracts Completely Within 100 Miles of the Coastline-CommentsClose CommentsPermalink
‘(1) DEPOSIT- The Secretary shall deposit into a separate account in the Treasury the portion of OCS Receipts for each fiscal year that will be shared under paragraphs (2), (3), and (4).CommentsClose CommentsPermalink
‘(2) PHASED-IN RECEIPTS SHARING-CommentsClose CommentsPermalink
‘(A) Beginning October 1, 2009, the Secretary shall share OCS Receipts derived from the following areas:CommentsClose CommentsPermalink
‘(i) Lease tracts located on portions of the Gulf of Mexico OCS Region completely beyond 4 marine leagues from any coastline and completely within 100 miles of any coastline that were available for leasing under the 2002-2007 5-Year OCS Oil and Gas Leasing Program.CommentsClose CommentsPermalink
‘(ii) Lease tracts in production prior to October 1, 2008, completely beyond 4 marine leagues from any coastline and completely within 100 miles of any coastline located on portions of the OCS that were not available for leasing under the 2002-2007 5-Year OCS Oil and Gas Leasing Program.CommentsClose CommentsPermalink
‘(iii) Lease tracts for which leases are issued prior to October 1, 2008, located in the Alaska OCS Region completely beyond 4 marine leagues from any coastline and completely within 100 miles of the coastline.CommentsClose CommentsPermalink
‘(B) The Secretary shall share the following percentages of OCS Receipts from the leases described in subparagraph (A) derived during the fiscal year indicated:CommentsClose CommentsPermalink
‘(i) For fiscal year 2010, 5 percent.CommentsClose CommentsPermalink
‘(ii) For fiscal year 2011, 10 percent.CommentsClose CommentsPermalink
‘(iii) For fiscal year 2012, 14 percent.CommentsClose CommentsPermalink
‘(iv) For fiscal year 2013, 19 percent.CommentsClose CommentsPermalink
‘(v) For fiscal year 2014, 23 percent.CommentsClose CommentsPermalink
‘(vi) For fiscal year 2015, 27 percent.CommentsClose CommentsPermalink
‘(vii) For fiscal year 2016, 31 percent.CommentsClose CommentsPermalink
‘(viii) For fiscal year 2017, 35 percent.CommentsClose CommentsPermalink
‘(ix) For fiscal year 2018, 39 percent.CommentsClose CommentsPermalink
‘(x) For fiscal year 2019, 43 percent.CommentsClose CommentsPermalink
‘(xi) For fiscal year 2020, 47 percent.CommentsClose CommentsPermalink
‘(xii) For fiscal year 2021 and each subsequent fiscal year, 50 percent.CommentsClose CommentsPermalink
‘(C) The provisions of this paragraph shall not apply to leases that could not have been issued but for section 5(k) of this Act or section 106(2) of the American Energy Production and Price Reduction Act.CommentsClose CommentsPermalink
‘(3) IMMEDIATE RECEIPTS SHARING- Beginning October 1, 2009, the Secretary shall share 50 percent of OCS Receipts derived from all leases located completely beyond 4 marine leagues from any coastline and completely within 100 miles of any coastline not included within the provisions of paragraph (2), and 100 percent of the balance of such OCS Receipts shall be directed toward reducing the national deficit and if such a deficit does not exist then the OCS Receipts shall be directed toward reducing the national debt.CommentsClose CommentsPermalink
‘(4) RECEIPTS SHARING FROM TRACTS WITHIN 4 MARINE LEAGUES OF ANY COASTLINE-CommentsClose CommentsPermalink
‘(A) AREAS DESCRIBED IN PARAGRAPH (2)- Beginning October 1, 2009, and continuing through September 30, 2011, the Secretary shall share 25 percent of OCS Receipts derived from all leases located within 4 marine leagues from any coastline within areas described in paragraph (2). For each fiscal year after September 30, 2010, the Secretary shall increase the percent shared in 5 percent increments each fiscal year until the sharing rate for all leases located within 4 marine leagues from any coastline within areas described in paragraph (2) becomes 75 percent.CommentsClose CommentsPermalink
‘(B) AREAS NOT DESCRIBED IN PARAGRAPH (2)- Beginning October 1, 2009, the Secretary shall share 75 percent of OCS Receipts derived from all leases located completely or partially within 4 marine leagues from any coastline within areas not described paragraph (2).CommentsClose CommentsPermalink
‘(5) ALLOCATIONS- The Secretary shall allocate the OCS Receipts deposited into the separate account established by paragraph (1) that are shared under paragraphs (2), (3), and (4) as follows:CommentsClose CommentsPermalink
‘(A) BONUS BIDS- Deposits derived from bonus bids from a leased tract, including interest thereon, shall be allocated at the end of each fiscal year to the Adjacent State.CommentsClose CommentsPermalink
‘(B) ROYALTIES- Deposits derived from royalties from a leased tract, including interest thereon, shall be allocated at the end of each fiscal year to the Adjacent State and any other producing State or States with a leased tract within its Adjacent Zone within 100 miles of its coastline that generated royalties during the fiscal year, if the other producing States have a coastline point within 300 miles of any portion of the leased tract, in which case the amount allocated for the leased tract shall be--CommentsClose CommentsPermalink
‘(i) one-third to the Adjacent State; andCommentsClose CommentsPermalink
‘(ii) two-thirds to each producing State, including the Adjacent State, inversely proportional to the distance between the nearest point on the coastline of the producing State and the geographic center of the leased tract.CommentsClose CommentsPermalink
‘(c) Treatment of OCS Receipts From Tracts Partially or Completely Beyond 100 Miles of the Coastline-CommentsClose CommentsPermalink
‘(1) DEPOSIT- The Secretary shall deposit into a separate account in the Treasury the portion of OCS Receipts for each fiscal year that will be shared under paragraphs (2) and (3).CommentsClose CommentsPermalink
‘(2) PHASED-IN RECEIPTS SHARING-CommentsClose CommentsPermalink
‘(A) Beginning October 1, 2009, the Secretary shall share OCS Receipts derived from the following areas:CommentsClose CommentsPermalink
‘(i) Lease tracts located on portions of the Gulf of Mexico OCS Region partially or completely beyond 100 miles of any coastline that were available for leasing under the 2002-2007 5-Year OCS Oil and Gas Leasing Program.CommentsClose CommentsPermalink
‘(ii) Lease tracts in production prior to October 1, 2009, partially or completely beyond 100 miles of any coastline located on portions of the OCS that were not available for leasing under the 2002-2007 5-Year OCS Oil and Gas Leasing Program.CommentsClose CommentsPermalink
‘(iii) Lease tracts for which leases are issued prior to October 1, 2009, located in the Alaska OCS Region partially or completely beyond 100 miles of the coastline.CommentsClose CommentsPermalink
‘(B) The Secretary shall share the following percentages of OCS Receipts from the leases described in subparagraph (A) derived during the fiscal year indicated:CommentsClose CommentsPermalink
‘(i) For fiscal year 2010, 5 percent.CommentsClose CommentsPermalink
‘(ii) For fiscal year 2011, 10 percent.CommentsClose CommentsPermalink
‘(iii) For fiscal year 2012, 14 percent.CommentsClose CommentsPermalink
‘(iv) For fiscal year 2013, 19 percent.CommentsClose CommentsPermalink
‘(v) For fiscal year 2014, 23 percent.CommentsClose CommentsPermalink
‘(vi) For fiscal year 2015, 27 percent.CommentsClose CommentsPermalink
‘(vii) For fiscal year 2016, 31 percent.CommentsClose CommentsPermalink
‘(viii) For fiscal year 2017, 35 percent.CommentsClose CommentsPermalink
‘(ix) For fiscal year 2018, 39 percent.CommentsClose CommentsPermalink
‘(x) For fiscal year 2019, 43 percent.CommentsClose CommentsPermalink
‘(xi) For fiscal year 2020, 47 percent.CommentsClose CommentsPermalink
‘(xii) For fiscal year 2021 and each subsequent fiscal year, 50 percent.CommentsClose CommentsPermalink
‘(C) The provisions of this paragraph shall not apply to leases that could not have been issued but for section 5(k) of this Act or section 106(2) of the American Energy Production and Price Reduction Act.CommentsClose CommentsPermalink
‘(3) IMMEDIATE RECEIPTS SHARING- Beginning October 1, 2009, the Secretary shall share 50 percent of OCS Receipts derived on and after October 1, 2009, from all leases located partially or completely beyond 100 miles of any coastline not included within the provisions of paragraph (2), except that the Secretary shall only share 25 percent of such OCS Receipts derived from all such leases within a State’s Adjacent Zone if no leasing is allowed within any portion of that State’s Adjacent Zone located completely within 100 miles of any coastline.CommentsClose CommentsPermalink
‘(4) ALLOCATIONS- The Secretary shall allocate the OCS Receipts deposited into the separate account established by paragraph (1) that are shared under paragraphs (2) and (3) as follows:CommentsClose CommentsPermalink
‘(A) BONUS BIDS- Deposits derived from bonus bids from a leased tract, including interest thereon, shall be allocated at the end of each fiscal year to the Adjacent State.CommentsClose CommentsPermalink
‘(B) ROYALTIES- Deposits derived from royalties from a leased tract, including interest thereon, shall be allocated at the end of each fiscal year to the Adjacent State and any other producing State or States with a leased tract within its Adjacent Zone partially or completely beyond 100 miles of its coastline that generated royalties during the fiscal year, if the other producing State or States have a coastline point within 300 miles of any portion of the leased tract, in which case the amount allocated for the leased tract shall be--CommentsClose CommentsPermalink
‘(i) one-third to the Adjacent State; andCommentsClose CommentsPermalink
‘(ii) two-thirds to each producing State, including the Adjacent State, inversely proportional to the distance between the nearest point on the coastline of the producing State and the geographic center of the leased tract.CommentsClose CommentsPermalink
‘(d) Transmission of Allocations-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Not later than 90 days after the end of each fiscal year, the Secretary shall transmit--CommentsClose CommentsPermalink
‘(A) to each State 60 percent of such State’s allocations under subsections (b)(5)(A), (b)(5)(B), (c)(4)(A), and (c)(4)(B) for the immediate prior fiscal year;CommentsClose CommentsPermalink
‘(B) to each coastal county-equivalent and municipal political subdivision of such State a total of 40 percent of such State’s allocations under subsections (b)(5)(A), (b)(5)(B), (c)(4)(A), and (c)(4)(B), together with all accrued interest thereon; andCommentsClose CommentsPermalink
‘(C) the remaining allocations under subsections (b)(5) and (c)(4), together with all accrued interest thereon.CommentsClose CommentsPermalink
‘(2) ALLOCATIONS TO COASTAL COUNTY-EQUIVALENT POLITICAL SUBDIVISIONS- The Secretary shall make an initial allocation of the OCS Receipts to be shared under paragraph (1)(B) as follows:CommentsClose CommentsPermalink
‘(A) 25 percent shall be allocated to coastal county-equivalent political subdivisions that are completely more than 25 miles landward of the coastline and at least a part of which lies not more than 75 miles landward from the coastline, with the allocation among such coastal county-equivalent political subdivisions based on population.CommentsClose CommentsPermalink
‘(B) 75 percent shall be allocated to coastal county-equivalent political subdivisions that are completely or partially less than 25 miles landward of the coastline, with the allocation among such coastal county-equivalent political subdivisions to be further allocated as follows:CommentsClose CommentsPermalink
‘(i) 25 percent shall be allocated based on the ratio of such coastal county-equivalent political subdivision’s population to the coastal population of all coastal county-equivalent political subdivisions in the State.CommentsClose CommentsPermalink
‘(ii) 25 percent shall be allocated based on the ratio of such coastal county-equivalent political subdivision’s coastline miles to the coastline miles of all coastal county-equivalent political subdivisions in the State as calculated by the Secretary. In such calculations, coastal county-equivalent political subdivisions without a coastline shall be considered to have 50 percent of the average coastline miles of the coastal county-equivalent political subdivisions that do have coastlines.CommentsClose CommentsPermalink
‘(iii) 25 percent shall be allocated to all coastal county-equivalent political subdivisions having a coastline point within 300 miles of the leased tract for which OCS Receipts are being shared based on a formula that allocates the funds based on such coastal county-equivalent political subdivision’s relative distance from the leased tract.CommentsClose CommentsPermalink
‘(iv) 25 percent shall be allocated to all coastal county-equivalent political subdivisions having a coastline point within 300 miles of the leased tract for which OCS Receipts are being shared based on the relative level of outer Continental Shelf oil and gas activities in a coastal political subdivision compared to the level of outer Continental Shelf activities in all coastal political subdivisions in the State. The Secretary shall define the term ‘outer Continental Shelf oil and gas activities’ for purposes of this subparagraph to include, but not be limited to, construction of vessels, drillships, and platforms involved in exploration, production, and development on the outer Continental Shelf; support and supply bases, ports, and related activities; offices of geologists, geophysicists, engineers, and other professionals involved in support of exploration, production, and development of oil and gas on the outer Continental Shelf; pipelines and other means of transporting oil and gas production from the outer Continental Shelf; and processing and refining of oil and gas production from the outer Continental Shelf. For purposes of this subparagraph, if a coastal county-equivalent political subdivision does not have a coastline, its coastal point shall be the point on the coastline closest to it.CommentsClose CommentsPermalink
‘(3) ALLOCATIONS TO COASTAL MUNICIPAL POLITICAL SUBDIVISIONS- The initial allocation to each coastal county-equivalent political subdivision under paragraph (2) shall be further allocated to the coastal county-equivalent political subdivision and any coastal municipal political subdivisions located partially or wholly within the boundaries of the coastal county-equivalent political subdivision as follows:CommentsClose CommentsPermalink
‘(A) One-third shall be allocated to the coastal county-equivalent political subdivision.CommentsClose CommentsPermalink
‘(B) Two-thirds shall be allocated on a per capita basis to the municipal political subdivisions and the county-equivalent political subdivision, with the allocation to the latter based upon its population not included within the boundaries of a municipal political subdivision.CommentsClose CommentsPermalink
‘(e) Investment of Deposits- Amounts deposited under this section shall be invested by the Secretary of the Treasury in securities backed by the full faith and credit of the United States having maturities suitable to the needs of the account in which they are deposited and yielding the highest reasonably available interest rates as determined by the Secretary of the Treasury.CommentsClose CommentsPermalink
‘(f) Use of Funds- A recipient of funds under this section may use the funds for one or more of the following:CommentsClose CommentsPermalink
‘(1) To reduce in-State college tuition at public institutions of higher learning and otherwise support public education, including career technical education.CommentsClose CommentsPermalink
‘(2) To make transportation infrastructure improvements.CommentsClose CommentsPermalink
‘(3) To reduce taxes.CommentsClose CommentsPermalink
‘(4) To promote, fund, and provide for--CommentsClose CommentsPermalink
‘(A) coastal or environmental restoration;CommentsClose CommentsPermalink
‘(B) fish, wildlife, and marine life habitat enhancement;CommentsClose CommentsPermalink
‘(C) waterways construction and maintenance;CommentsClose CommentsPermalink
‘(D) levee construction and maintenance and shore protection; andCommentsClose CommentsPermalink
‘(E) marine and oceanographic education and research.CommentsClose CommentsPermalink
‘(5) To promote, fund, and provide for--CommentsClose CommentsPermalink
‘(A) infrastructure associated with energy production activities conducted on the outer Continental Shelf;CommentsClose CommentsPermalink
‘(B) energy demonstration projects;CommentsClose CommentsPermalink
‘(C) supporting infrastructure for shore-based energy projects;CommentsClose CommentsPermalink
‘(D) State geologic programs, including geologic mapping and data storage programs, and State geophysical data acquisition;CommentsClose CommentsPermalink
‘(E) State seismic monitoring programs, including operation of monitoring stations;CommentsClose CommentsPermalink
‘(F) development of oil and gas resources through enhanced recovery techniques;CommentsClose CommentsPermalink
‘(G) alternative energy development, including biofuels, coal-to-liquids, oil shale, tar sands, geothermal, geopressure, wind, waves, currents, hydro, and other renewable energy;CommentsClose CommentsPermalink
‘(H) energy efficiency and conservation programs; andCommentsClose CommentsPermalink
‘(I) front-end engineering and design for facilities that produce liquid fuels from hydrocarbons and other biological matter.CommentsClose CommentsPermalink
‘(6) To promote, fund, and provide for--CommentsClose CommentsPermalink
‘(A) historic preservation programs and projects;CommentsClose CommentsPermalink
‘(B) natural disaster planning and response; andCommentsClose CommentsPermalink
‘(C) hurricane and natural disaster insurance programs.CommentsClose CommentsPermalink
‘(7) For any other purpose as determined by State law.CommentsClose CommentsPermalink
‘(g) No Accounting Required- No recipient of funds under this section shall be required to account to the Federal Government for the expenditure of such funds, except as otherwise may be required by law. However, States may enact legislation providing for accounting for and auditing of such expenditures. Further, funds allocated under this section to States and political subdivisions may be used as matching funds for other Federal programs.CommentsClose CommentsPermalink
‘(h) Effect of Future Laws- Enactment of any future Federal statute that has the effect, as determined by the Secretary, of restricting any Federal agency from spending appropriated funds, or otherwise preventing it from fulfilling its pre-existing responsibilities as of the date of enactment of the statute, unless such responsibilities have been reassigned to another Federal agency by the statute with no prevention of performance, to issue any permit or other approval impacting on the OCS oil and gas leasing program, or any lease issued thereunder, or to implement any provision of this Act shall automatically prohibit any sharing of OCS Receipts under this section directly with the States, and their coastal political subdivisions, for the duration of the restriction. The Secretary shall make the determination of the existence of such restricting effects within 30 days of a petition by any outer Continental Shelf lessee or producing State.CommentsClose CommentsPermalink
‘(i) Definitions- In this section:CommentsClose CommentsPermalink
‘(1) COASTAL COUNTY-EQUIVALENT POLITICAL SUBDIVISION- The term ‘coastal county-equivalent political subdivision’ means a political jurisdiction immediately below the level of State government, including a county, parish, borough in Alaska, independent municipality not part of a county, parish, or borough in Alaska, or other equivalent subdivision of a coastal State, that lies within the coastal zone.CommentsClose CommentsPermalink
‘(2) COASTAL MUNICIPAL POLITICAL SUBDIVISION- The term ‘coastal municipal political subdivision’ means a municipality located within and part of a county, parish, borough in Alaska, or other equivalent subdivision of a State, all or part of which coastal municipal political subdivision lies within the coastal zone.CommentsClose CommentsPermalink
‘(3) COASTAL POPULATION- The term ‘coastal population’ means the population of all coastal county-equivalent political subdivisions, as determined by the most recent official data of the Bureau of the Census.CommentsClose CommentsPermalink
‘(4) COASTAL ZONE- The term ‘coastal zone’ means that portion of a coastal State, including the entire territory of any coastal county-equivalent political subdivision at least a part of which lies within 75 miles landward from the coastline, or a greater distance as determined by State law enacted to implement this section.CommentsClose CommentsPermalink
‘(5) BONUS BIDS- The term ‘bonus bids’ means all funds received by the Secretary to issue an outer Continental Shelf minerals lease.CommentsClose CommentsPermalink
‘(6) ROYALTIES- The term ‘royalties’ means all funds received by the Secretary from production of oil or natural gas, or the sale of production taken in-kind, from an outer Continental Shelf minerals lease.CommentsClose CommentsPermalink
‘(7) PRODUCING STATE- The term ‘producing State’ means an Adjacent State having an Adjacent Zone containing leased tracts from which OCS receipts were derived.CommentsClose CommentsPermalink
‘(8) OCS RECEIPTS- The term ‘OCS Receipts’ means bonus bids, royalties, and conservation of resources fees.’.CommentsClose CommentsPermalink
SEC. 209. RESERVATION OF LANDS AND RIGHTS.
Section 12 of the Outer Continental Shelf Lands Act (
(1) in subsection (a) by adding at the end the following: ‘The President may partially or completely revise or revoke any prior withdrawal made by the President under the authority of this section. The President may not revise or revoke a withdrawal that is extended by a State under subsection (h), nor may the President withdraw from leasing any area for which a State failed to prohibit, or petition to prohibit, leasing under subsection (g). Further, in the area of the outer Continental Shelf more than 100 miles from any coastline, not more than 25 percent of the acreage of any OCS Planning Area may be withdrawn from leasing under this section at any point in time. A withdrawal by the President may be for a term not to exceed 10 years. When considering potential uses of the outer Continental Shelf, to the maximum extent possible, the President shall accommodate competing interests and potential uses.’;CommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘(g) Availability for Leasing Within Certain Areas of the Outer Continental Shelf-CommentsClose CommentsPermalink
‘(1) PROHIBITION AGAINST LEASING-CommentsClose CommentsPermalink
‘(A) UNAVAILABLE FOR LEASING WITHOUT STATE REQUEST- Except as otherwise provided in this subsection, from and after enactment of the American Energy Production and Price Reduction Act, the Secretary shall not offer for leasing for oil and gas, or natural gas, any area within 50 miles of the coastline that was withdrawn from disposition by leasing in the Atlantic OCS Region or the Pacific OCS Region, or the Gulf of Mexico OCS Region Eastern Planning Area, as depicted on the maps referred to in this subparagraph, under the ‘Memorandum on Withdrawal of Certain Areas of the United States Outer Continental Shelf from Leasing Disposition’, 34 Weekly Comp. Pres. Doc. 1111, dated June 12, 1998, or any area within 50 miles of the coastline not withdrawn under that Memorandum that is included within the Gulf of Mexico OCS Region Eastern Planning Area as indicated on the map entitled ‘Gulf of Mexico OCS Region State Adjacent Zones and OCS Planning Areas’ or the Florida Straits Planning Area as indicated on the map entitled ‘Atlantic OCS Region State Adjacent Zones and OCS Planning Areas’, both of which are dated September 2005 and on file in the Office of the Director, Minerals Management Service.CommentsClose CommentsPermalink
‘(B) AREAS BETWEEN 50 AND 100 MILES FROM THE COASTLINE- Unless an Adjacent State petitions under subsection (h) within one year after the date of the enactment of the American Energy Production and Price Reduction Act for natural gas leasing or by June 30, 2010, for oil and gas leasing, the Secretary shall offer for leasing any area more than 50 miles but less than 100 miles from the coastline that was withdrawn from disposition by leasing in the Atlantic OCS Region, the Pacific OCS Region, or the Gulf of Mexico OCS Region Eastern Planning Area, as depicted on the maps referred to in this subparagraph, under the ‘Memorandum on Withdrawal of Certain Areas of the United States Outer Continental Shelf from Leasing Disposition’, 34 Weekly Comp. Pres. Doc. 1111, dated June 12, 1998, or any area more than 50 miles but less than 100 miles of the coastline not withdrawn under that Memorandum that is included within the Gulf of Mexico OCS Region Eastern Planning Area as indicated on the map entitled ‘Gulf of Mexico OCS Region State Adjacent Zones and OCS Planning Areas’ or within the Florida Straits Planning Area as indicated on the map entitled ‘Atlantic OCS Region State Adjacent Zones and OCS Planning Areas’, both of which are dated September 2005 and on file in the Office of the Director, Minerals Management Service.CommentsClose CommentsPermalink
‘(2) PETITION FOR LEASING-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The Governor of the State, upon concurrence of its legislature, may submit to the Secretary a petition requesting that the Secretary make available any area that is within the State’s Adjacent Zone, included within the provisions of paragraph (1), and that (i) is greater than 25 miles from any point on the coastline of a Neighboring State for the conduct of offshore leasing, pre-leasing, and related activities with respect to natural gas leasing; or (ii) is greater than 50 miles from any point on the coastline of a Neighboring State for the conduct of offshore leasing, pre-leasing, and related activities with respect to oil and gas leasing. The Adjacent State may also petition for leasing any other area within its Adjacent Zone if leasing is allowed in the similar area of the Adjacent Zone of the applicable Neighboring State, or if not allowed, if the Neighboring State, acting through its Governor, expresses its concurrence with the petition. The Secretary shall only consider such a petition upon making a finding that leasing is allowed in the similar area of the Adjacent Zone of the applicable Neighboring State or upon receipt of the concurrence of the Neighboring State. The date of receipt by the Secretary of such concurrence by the Neighboring State shall constitute the date of receipt of the petition for that area for which the concurrence applies.CommentsClose CommentsPermalink
‘(B) LIMITATIONS ON LEASING- In its petition, a State with an Adjacent Zone that contains leased tracts may condition new leasing for oil and gas, or natural gas for tracts within 25 miles of the coastline by--CommentsClose CommentsPermalink
‘(i) requiring a net reduction in the number of production platforms;CommentsClose CommentsPermalink
‘(ii) requiring a net increase in the average distance of production platforms from the coastline;CommentsClose CommentsPermalink
‘(iii) limiting permanent surface occupancy on new leases to areas that are more than 10 miles from the coastline;CommentsClose CommentsPermalink
‘(iv) limiting some tracts to being produced from shore or from platforms located on other tracts; orCommentsClose CommentsPermalink
‘(v) other conditions that the Adjacent State may deem appropriate as long as the Secretary does not determine that production is made economically or technically impracticable or otherwise impossible.CommentsClose CommentsPermalink
‘(C) ACTION BY SECRETARY- Not later than 90 days after receipt of a petition under subparagraph (A), the Secretary shall approve the petition, unless the Secretary determines that leasing the area would probably cause serious harm or damage to the marine resources of the State’s Adjacent Zone. Prior to approving the petition, the Secretary shall complete an environmental assessment that documents the anticipated environmental effects of leasing in the area included within the scope of the petition.CommentsClose CommentsPermalink
‘(D) FAILURE TO ACT- If the Secretary fails to approve or deny a petition in accordance with subparagraph (C) the petition shall be considered to be approved 90 days after receipt of the petition.CommentsClose CommentsPermalink
‘(E) AMENDMENT OF THE 5-YEAR LEASING PROGRAM- Notwithstanding section 18, within 180 days of the approval of a petition under subparagraph (C) or (D), after the expiration of the time limits in paragraph (1)(B), the Secretary shall amend the current 5-Year Outer Continental Shelf Oil and Gas Leasing Program to include a lease sale or sales for at least 75 percent of the associated areas, unless there are, from the date of approval, expiration of such time limits, as applicable, fewer than 12 months remaining in the current 5-Year Leasing Program in which case the Secretary shall include the associated areas within lease sales under the next 5-Year Leasing Program. For purposes of amending the 5-Year Program in accordance with this section, further consultations with States shall not be required. For purposes of this section, an environmental assessment performed under the provisions of the National Environmental Policy Act of 1969 to assess the effects of approving the petition shall be sufficient to amend the 5-Year Leasing Program.CommentsClose CommentsPermalink
‘(h) Option To Extend Withdrawal From Leasing Within Certain Areas of the Outer Continental Shelf- A State, through its Governor and upon the concurrence of its legislature, may extend for a period of time of up to 5 years for each extension the withdrawal from leasing for all or part of any area within the State’s Adjacent Zone located more than 50 miles, but less than 100 miles, from the coastline that is subject to subsection (g)(1)(B). A State may extend multiple times for any particular area but not more than once per calendar year for any particular area. A State must prepare separate extensions, with separate votes by its legislature, for oil and gas leasing and for natural gas leasing. An extension by a State may affect some areas to be withdrawn from all leasing and some areas to be withdrawn only from one type of leasing.CommentsClose CommentsPermalink
‘(i) Effect of Other Laws- Adoption by any Adjacent State of any constitutional provision, or enactment of any State statute, that has the effect, as determined by the Secretary, of restricting either the Governor or the Legislature, or both, from exercising full discretion related to subsection (g) or (h), or both, shall automatically (1) prohibit any sharing of OCS Receipts under this Act with the Adjacent State, and its coastal political subdivisions, and (2) prohibit the Adjacent State from exercising any authority under subsection (h), for the duration of the restriction. The Secretary shall make the determination of the existence of such restricting constitutional provision or State statute within 30 days of a petition by any outer Continental Shelf lessee or coastal State.CommentsClose CommentsPermalink
‘(j) Prohibition on Leasing East of the Military Mission Line-CommentsClose CommentsPermalink
‘(1) Notwithstanding any other provision of law, from and after the enactment of the American Energy Production and Price Reduction Act, prior to January 1, 2022, no area of the outer Continental Shelf located in the Gulf of Mexico east of the military mission line may be offered for leasing for oil and gas or natural gas unless a waiver is issued by the Secretary of Defense. If such a waiver is granted, 62.5 percent of the OCS Receipts from a lease within such area issued because of such waiver shall be paid annually to the National Guards of all States having a point within 1,000 miles of such a lease, allocated among the States on a per capita basis using the entire population of such States.CommentsClose CommentsPermalink
‘(2) In this subsection, the term ‘military mission line’ means a line located at 86 degrees, 41 minutes West Longitude, and extending south from the coast of Florida to the outer boundary of United States territorial waters in the Gulf of Mexico.’.CommentsClose CommentsPermalink
SEC. 210. OUTER CONTINENTAL SHELF LEASING PROGRAM.
Section 18 of the Outer Continental Shelf Lands Act (
(1) in subsection (a), by adding at the end of paragraph (3) the following: ‘The Secretary shall, in each 5-Year Program, include lease sales that when viewed as a whole propose to offer for oil and gas or natural gas leasing at least 75 percent of the available unleased acreage within each OCS Planning Area. Available unleased acreage is that portion of the outer Continental Shelf that is not under lease at the time of the proposed lease sale, and has not otherwise been made unavailable for leasing by law.’;CommentsClose CommentsPermalink
(2) in subsection (c), by striking so much as precedes paragraph (3) and inserting the following:CommentsClose CommentsPermalink
‘(c)(1) During the preparation of any proposed leasing program under this section, the Secretary shall consider and analyze leasing throughout the entire outer Continental Shelf without regard to any other law affecting such leasing. During this preparation the Secretary shall invite and consider suggestions from any interested Federal agency, including the Attorney General, in consultation with the Federal Trade Commission, and from the Governor of any coastal State. The Secretary may also invite or consider any suggestions from the executive of any local government in a coastal State that have been previously submitted to the Governor of such State, and from any other person. Further, the Secretary shall consult with the Secretary of Defense regarding military operational needs in the outer Continental Shelf. The Secretary shall work with the Secretary of Defense to resolve any conflicts that might arise regarding offering any area of the outer Continental Shelf for oil and gas or natural gas leasing. If the Secretaries are not able to resolve all such conflicts, any unresolved issues shall be elevated to the President for resolution.CommentsClose CommentsPermalink
‘(2) After the consideration and analysis required by paragraph (1), including the consideration of the suggestions received from any interested Federal agency, the Federal Trade Commission, the Governor of any coastal State, any local government of a coastal State, and any other person, the Secretary shall publish in the Federal Register a proposed leasing program accompanied by a draft environmental impact statement prepared pursuant to the National Environmental Policy Act of 1969. After the publishing of the proposed leasing program and during the comment period provided for on the draft environmental impact statement, the Secretary shall submit a copy of the proposed program to the Governor of each affected State for review and comment. The Governor may solicit comments from those executives of local governments in the Governor’s State that the Governor, in the discretion of the Governor, determines will be affected by the proposed program. If any comment by such Governor is received by the Secretary at least 15 days prior to submission to the Congress pursuant to paragraph (3) and includes a request for any modification of such proposed program, the Secretary shall reply in writing, granting or denying such request in whole or in part, or granting such request in such modified form as the Secretary considers appropriate, and stating the Secretary’s reasons therefor. All such correspondence between the Secretary and the Governor of any affected State, together with any additional information and data relating thereto, shall accompany such proposed program when it is submitted to the Congress.’; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
‘(i) Projection of State Adjacent Zone Resources and State and Local Government Shares of OCS Receipts- Concurrent with the publication of the scoping notice at the beginning of the development of each 5-Year Outer Continental Shelf Oil and Gas Leasing Program, or as soon thereafter as possible, the Secretary shall--CommentsClose CommentsPermalink
‘(1) provide to each Adjacent State a current estimate of proven and potential oil and gas resources located within the State’s Adjacent Zone; andCommentsClose CommentsPermalink
‘(2) provide to each Adjacent State, and coastal political subdivisions thereof, a best-efforts projection of the OCS Receipts that the Secretary expects will be shared with each Adjacent State, and its coastal political subdivisions, using the assumption that the unleased tracts within the State’s Adjacent Zone are fully made available for leasing, including long-term projected OCS Receipts. In addition, the Secretary shall include a macroeconomic estimate of the impact of such leasing on the national economy and each State’s economy, including investment, jobs, revenues, personal income, and other categories.’.CommentsClose CommentsPermalink
SEC. 211. COORDINATION WITH ADJACENT STATES.
Section 19 of the Outer Continental Shelf Lands Act (
(1) in subsection (a) in the first sentence by inserting ‘, for any tract located within the Adjacent State’s Adjacent Zone,’ after ‘government’; andCommentsClose CommentsPermalink
(2) by adding the following:CommentsClose CommentsPermalink
‘(f)(1) No Federal agency may permit or otherwise approve, without the concurrence of the Adjacent State, the construction of a crude oil or petroleum products (or both) pipeline within the part of the Adjacent State’s Adjacent Zone that is withdrawn from oil and gas or natural gas leasing, except that such a pipeline may be approved, without such Adjacent State’s concurrence, to pass through such Adjacent Zone if at least 50 percent of the production projected to be carried by the pipeline within its first 10 years of operation is from areas of the Adjacent State’s Adjacent Zone.CommentsClose CommentsPermalink
‘(2) No State may prohibit the construction within its Adjacent Zone or its State waters of a natural gas pipeline that will transport natural gas produced from the outer Continental Shelf. However, an Adjacent State may prevent a proposed natural gas pipeline landing location if it proposes two alternate landing locations in the Adjacent State, acceptable to the Adjacent State, located within 50 miles on either side of the proposed landing location.’.CommentsClose CommentsPermalink
SEC. 212. ENVIRONMENTAL STUDIES.
Section 20(d) of the Outer Continental Shelf Lands Act (
(1) by inserting ‘(1)’ after ‘(d)’; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘(2) For all programs, lease sales, leases, and actions under this Act, the following shall apply regarding the application of the National Environmental Policy Act of 1969:CommentsClose CommentsPermalink
‘(A) Granting or directing lease suspensions and the conduct of all preliminary activities on outer Continental Shelf tracts, including seismic activities, are categorically excluded from the need to prepare either an environmental assessment or an environmental impact statement, and the Secretary shall not be required to analyze whether any exceptions to a categorical exclusion apply for activities conducted under the authority of this Act.CommentsClose CommentsPermalink
‘(B) The environmental impact statement developed in support of each 5-Year Oil and Gas Leasing Program provides the environmental analysis for all lease sales to be conducted under the program and such sales shall not be subject to further environmental analysis.CommentsClose CommentsPermalink
‘(C) Exploration plans shall not be subject to any requirement to prepare an environmental impact statement, and the Secretary may find that exploration plans are eligible for categorical exclusion due to the impacts already being considered within an environmental impact statement or due to mitigation measures included within the plan.CommentsClose CommentsPermalink
‘(D) Within each OCS Planning Area, after the preparation of the first development and production plan environmental impact statement for a leased tract within the Area, future development and production plans for leased tracts within the Area shall only require the preparation of an environmental assessment unless the most recent development and production plan environmental impact statement within the Area was finalized more than 10 years prior to the date of the approval of the plan, in which case an environmental impact statement shall be required.’.CommentsClose CommentsPermalink
SEC. 213. OUTER CONTINENTAL SHELF INCOMPATIBLE USE.
(a) In General- No Federal agency may permit construction or operation (or both) of any facility, or designate or maintain a restricted transportation corridor or operating area on the Federal outer Continental Shelf or in State waters, that will be incompatible with, as determined by the Secretary of the Interior, oil and gas or natural gas leasing and substantially full exploration and production of tracts that are geologically prospective for oil or natural gas (or both).CommentsClose CommentsPermalink
(b) Exceptions- Subsection (a) shall not apply to any facility, transportation corridor, or operating area the construction, operation, designation, or maintenance of which is or will be--CommentsClose CommentsPermalink
(1) located in an area of the outer Continental Shelf that is unavailable for oil and gas or natural gas leasing by operation of law;CommentsClose CommentsPermalink
(2) used for a military readiness activity (as defined in section 315(f) of
(3) required in the national interest, as determined by the President.CommentsClose CommentsPermalink
SEC. 214. REPURCHASE OF CERTAIN LEASES.
(a) Authority To Repurchase and Cancel Certain Leases- The Secretary of the Interior shall repurchase and cancel any Federal oil and gas, geothermal, coal, oil shale, tar sands, or other mineral lease, whether onshore or offshore, but not including any outer Continental Shelf oil and gas leases that were subject to litigation in the Court of Federal Claims on January 1, 2006, if the Secretary finds that such lease qualifies for repurchase and cancellation under the regulations authorized by this section.CommentsClose CommentsPermalink
(b) Regulations- Not later than 365 days after the date of the enactment of this Act, the Secretary shall publish a final regulation stating the conditions under which a lease referred to in subsection (a) would qualify for repurchase and cancellation, and the process to be followed regarding repurchase and cancellation. Such regulation shall include, but not be limited to, the following:CommentsClose CommentsPermalink
(1) The Secretary shall repurchase and cancel a lease after written request by the lessee upon a finding by the Secretary that--CommentsClose CommentsPermalink
(A) a request by the lessee for a required permit or other approval complied with applicable law, except the Coastal Zone Management Act of 1972 (
(B) a Federal agency failed to act on a request by the lessee for a required permit, other approval, or administrative appeal within a regulatory or statutory timeframe associated with the requested action, whether advisory or mandatory, or if none, within 180 days; orCommentsClose CommentsPermalink
(C) a Federal agency attached a condition of approval, without agreement by the lessee, to a required permit or other approval if such condition of approval was not mandated by Federal statute or regulation in effect on the date of lease issuance, or was not specifically allowed under the terms of the lease.CommentsClose CommentsPermalink
(2) A lessee shall not be required to exhaust administrative remedies regarding a permit request, administrative appeal, or other required request for approval for the purposes of this section.CommentsClose CommentsPermalink
(3) The Secretary shall make a final agency decision on a request by a lessee under this section within 180 days of request.CommentsClose CommentsPermalink
(4) Compensation to a lessee to repurchase and cancel a lease under this section shall be the amount that a lessee would receive in a restitution case for a material breach of contract.CommentsClose CommentsPermalink
(5) Compensation shall be in the form of a check or electronic transfer from the Department of the Treasury from funds deposited into miscellaneous receipts under the authority of the same Act that authorized the issuance of the lease being repurchased.CommentsClose CommentsPermalink
(6) Failure of the Secretary to make a final agency decision on a request by a lessee under this section within 180 days of request shall result in a 10 percent increase in the compensation due to the lessee if the lease is ultimately repurchased.CommentsClose CommentsPermalink
(c) No Prejudice- This section shall not be interpreted to prejudice any other rights that the lessee would have in the absence of this section.CommentsClose CommentsPermalink
SEC. 215. OFFSITE ENVIRONMENTAL MITIGATION.
Notwithstanding any other provision of law, any person conducting activities under the Mineral Leasing Act (
SEC. 216. OCS REGIONAL HEADQUARTERS.
Not later than July 1, 2010, the Secretary of the Interior shall establish the headquarters for the Atlantic OCS Region, the headquarters for the Gulf of Mexico OCS Region, and the headquarters for the Pacific OCS Region within a State bordering the Atlantic OCS Region, a State bordering the Gulf of Mexico OCS Region, and a State bordering the Pacific OCS Region, respectively, from among the States bordering those Regions, that petitions by no later than January 1, 2010, for leasing, for oil and gas or natural gas, covering at least 40 percent of the area of its Adjacent Zone within 100 miles of the coastline. Such Atlantic and Pacific OCS Regions headquarters shall be located within 25 miles of the coastline and each MMS OCS regional headquarters shall be the permanent duty station for all Minerals Management Service personnel that on a daily basis spend on average 60 percent or more of their time in performance of duties in support of the activities of the respective Region, except that the Minerals Management Service may house regional inspection staff in other locations. Each OCS Region shall each be led by a Regional Director who shall be an employee within the Senior Executive Service.CommentsClose CommentsPermalink
SEC. 217. LEASES FOR AREAS LOCATED WITHIN 100 MILES OF CALIFORNIA OR FLORIDA.
(a) Authorization To Cancel and Exchange Certain Existing Oil and Gas Leases; Prohibition on Submittal of Exploration Plans for Certain Leases Prior to June 30, 2012-CommentsClose CommentsPermalink
(1) AUTHORITY- Within 2 years after the date of enactment of this Act, the lessee of an existing oil and gas lease for an area located completely within 100 miles of the coastline within the California or Florida Adjacent Zones shall have the option, without compensation, of exchanging such lease for a new oil and gas lease having a primary term of 5 years. For the area subject to the new lease, the lessee may select any unleased tract on the outer Continental Shelf that is in an area available for leasing. Further, with the permission of the relevant Governor, such a lessee may convert its existing oil and gas lease into a natural gas lease having a primary term of 5 years and covering the same area as the existing lease or another area within the same State’s Adjacent Zone within 100 miles of the coastline.CommentsClose CommentsPermalink
(2) ADMINISTRATIVE PROCESS- The Secretary of the Interior shall establish a reasonable administrative process to implement paragraph (1). Exchanges and conversions under subsection (a), including the issuance of new leases, shall not be considered to be major Federal actions for purposes of the National Environmental Policy Act of 1969 (
(3) OPERATING RESTRICTIONS- A new lease issued in exchange for an existing lease under this section shall be subject to such national defense operating stipulations on the OCS tract covered by the new lease as may be applicable upon issuance.CommentsClose CommentsPermalink
(4) PRIORITY- The Secretary shall give priority in the lease exchange process based on the amount of the original bonus bid paid for the issuance of each lease to be exchanged. The Secretary shall allow leases covering partial tracts to be exchanged for leases covering full tracts conditioned upon payment of additional bonus bids on a per-acre basis as determined by the average per acre of the original bonus bid per acre for the partial tract being exchanged.CommentsClose CommentsPermalink
(5) EXPLORATION PLANS- Any exploration plan submitted to the Secretary of the Interior after the date of the enactment of this Act and before July 1, 2012, for an oil and gas lease for an area wholly within 100 miles of the coastline within the California Adjacent Zone or Florida Adjacent Zone shall not be treated as received by the Secretary until the earlier of July 1, 2012, or the date on which a petition by the Adjacent State for oil and gas leasing covering the area within which is located the area subject to the oil and gas lease was approved.CommentsClose CommentsPermalink
(b) Further Lease Cancellation and Exchange Provisions-CommentsClose CommentsPermalink
(1) CANCELLATION OF LEASE- As part of the lease exchange process under this section, the Secretary shall cancel a lease that is exchanged under this section.CommentsClose CommentsPermalink
(2) CONSENT OF LESSEES- All lessees holding an interest in a lease must consent to cancellation of their leasehold interests in order for the lease to be cancelled and exchanged under this section.CommentsClose CommentsPermalink
(3) WAIVER OF RIGHTS- As a prerequisite to the exchange of a lease under this section, the lessee must waive any rights to bring any litigation against the United States related to the transaction.CommentsClose CommentsPermalink
(4) PLUGGING AND ABANDONMENT- The plugging and abandonment requirements for any wells located on any lease to be cancelled and exchanged under this section must be complied with by the lessees prior to the cancellation and exchange.CommentsClose CommentsPermalink
(c) Area Partially Within 100 Miles of Florida- An existing oil and gas lease for an area located partially within 100 miles of the coastline within the Florida Adjacent Zone may only be developed and produced using wells drilled from well-head locations at least 100 miles from the coastline to any bottom-hole location on the area of the lease. This subsection shall not apply if Florida has petitioned for leasing closer to the coastline than 100 miles.CommentsClose CommentsPermalink
(d) Existing Oil and Gas Lease Defined- In this section the term ‘existing oil and gas lease’ means an oil and gas lease in effect on the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 218. COASTAL IMPACT ASSISTANCE.
Section 31 of the Outer Continental Shelf Lands Act (
SEC. 219. REPEAL OF THE GULF OF MEXICO ENERGY SECURITY ACT OF 2006.
The Gulf of Mexico Energy Security Act of 2006 is repealed effective October 1, 2008.CommentsClose CommentsPermalink
Subtitle B--ANWRCommentsClose CommentsPermalink
Subtitle B--ANWRCommentsClose CommentsPermalink
SEC. 231. SHORT TITLE.
This subtitle may be cited as the ‘American Energy Independence and Price Reduction Act’.CommentsClose CommentsPermalink
SEC. 232. DEFINITIONS.
In this subtitle:CommentsClose CommentsPermalink
(1) COASTAL PLAIN- The term ‘Coastal Plain’ means that area described in appendix I to part 37 of title 50, Code of Federal Regulations.CommentsClose CommentsPermalink
(2) SECRETARY- The term ‘Secretary’, except as otherwise provided, means the Secretary of the Interior or the Secretary’s designee.CommentsClose CommentsPermalink
SEC. 233. LEASING PROGRAM FOR LANDS WITHIN THE COASTAL PLAIN.
(a) In General- The Secretary shall take such actions as are necessary--CommentsClose CommentsPermalink
(1) to establish and implement, in accordance with this subtitle and acting through the Director of the Bureau of Land Management in consultation with the Director of the United States Fish and Wildlife Service, a competitive oil and gas leasing program that will result in an environmentally sound program for the exploration, development, and production of the oil and gas resources of the Coastal Plain; andCommentsClose CommentsPermalink
(2) to administer the provisions of this subtitle through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other provisions that ensure the oil and gas exploration, development, and production activities on the Coastal Plain will result in no significant adverse effect on fish and wildlife, their habitat, subsistence resources, and the environment, including, in furtherance of this goal, by requiring the application of the best commercially available technology for oil and gas exploration, development, and production to all exploration, development, and production operations under this subtitle in a manner that ensures the receipt of fair market value by the public for the mineral resources to be leased.CommentsClose CommentsPermalink
(b) Repeal-CommentsClose CommentsPermalink
(1) REPEAL- Section 1003 of the Alaska National Interest Lands Conservation Act of 1980 (
(2) CONFORMING AMENDMENT- The table of contents in section 1 of such Act is amended by striking the item relating to section 1003.CommentsClose CommentsPermalink
(c) Compliance With Requirements Under Certain Other Laws-CommentsClose CommentsPermalink
(1) COMPATIBILITY- For purposes of the National Wildlife Refuge System Administration Act of 1966 (
(2) ADEQUACY OF THE DEPARTMENT OF THE INTERIOR’S LEGISLATIVE ENVIRONMENTAL IMPACT STATEMENT- The ‘Final Legislative Environmental Impact Statement’ (April 1987) on the Coastal Plain prepared pursuant to section 1002 of the Alaska National Interest Lands Conservation Act of 1980 (
(3) COMPLIANCE WITH NEPA FOR OTHER ACTIONS- Before conducting the first lease sale under this subtitle, the Secretary shall prepare an environmental impact statement under the National Environmental Policy Act of 1969 with respect to the actions authorized by this subtitle that are not referred to in paragraph (2). Notwithstanding any other law, the Secretary is not required to identify nonleasing alternative courses of action or to analyze the environmental effects of such courses of action. The Secretary shall only identify a preferred action for such leasing and a single leasing alternative, and analyze the environmental effects and potential mitigation measures for those two alternatives. The identification of the preferred action and related analysis for the first lease sale under this subtitle shall be completed within 18 months after the date of enactment of this Act. The Secretary shall only consider public comments that specifically address the Secretary’s preferred action and that are filed within 20 days after publication of an environmental analysis. Notwithstanding any other law, compliance with this paragraph is deemed to satisfy all requirements for the analysis and consideration of the environmental effects of proposed leasing under this subtitle.CommentsClose CommentsPermalink
(d) Relationship to State and Local Authority- Nothing in this subtitle shall be considered to expand or limit State and local regulatory authority.CommentsClose CommentsPermalink
(e) Special Areas-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary, after consultation with the State of Alaska, the city of Kaktovik, and the North Slope Borough, may designate up to a total of 45,000 acres of the Coastal Plain as a Special Area if the Secretary determines that the Special Area is of such unique character and interest so as to require special management and regulatory protection. The Secretary shall designate as such a Special Area the Sadlerochit Spring area, comprising approximately 4,000 acres.CommentsClose CommentsPermalink
(2) MANAGEMENT- Each such Special Area shall be managed so as to protect and preserve the area’s unique and diverse character including its fish, wildlife, and subsistence resource values.CommentsClose CommentsPermalink
(3) EXCLUSION FROM LEASING OR SURFACE OCCUPANCY- The Secretary may exclude any Special Area from leasing. If the Secretary leases a Special Area, or any part thereof, for purposes of oil and gas exploration, development, production, and related activities, there shall be no surface occupancy of the lands comprising the Special Area.CommentsClose CommentsPermalink
(4) DIRECTIONAL DRILLING- Notwithstanding the other provisions of this subsection, the Secretary may lease all or a portion of a Special Area under terms that permit the use of horizontal drilling technology from sites on leases located outside the Special Area.CommentsClose CommentsPermalink
(f) Limitation on Closed Areas- The Secretary’s sole authority to close lands within the Coastal Plain to oil and gas leasing and to exploration, development, and production is that set forth in this subtitle.CommentsClose CommentsPermalink
(g) Regulations-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall prescribe such regulations as may be necessary to carry out this subtitle, including rules and regulations relating to protection of the fish and wildlife, their habitat, subsistence resources, and environment of the Coastal Plain, by no later than 15 months after the date of enactment of this Act.CommentsClose CommentsPermalink
(2) REVISION OF REGULATIONS- The Secretary shall periodically review and, if appropriate, revise the rules and regulations issued under subsection (a) to reflect any significant biological, environmental, or engineering data that come to the Secretary’s attention.CommentsClose CommentsPermalink
SEC. 234. LEASE SALES.
(a) In General- Lands may be leased pursuant to this subtitle to any person qualified to obtain a lease for deposits of oil and gas under the Mineral Leasing Act (
(b) Procedures- The Secretary shall, by regulation, establish procedures for--CommentsClose CommentsPermalink
(1) receipt and consideration of sealed nominations for any area in the Coastal Plain for inclusion in, or exclusion (as provided in subsection (c)) from, a lease sale;CommentsClose CommentsPermalink
(2) the holding of lease sales after such nomination process; andCommentsClose CommentsPermalink
(3) public notice of and comment on designation of areas to be included in, or excluded from, a lease sale.CommentsClose CommentsPermalink
(c) Lease Sale Bids- Bidding for leases under this subtitle shall be by sealed competitive cash bonus bids.CommentsClose CommentsPermalink
(d) Acreage Minimum in First Sale- In the first lease sale under this subtitle, the Secretary shall offer for lease those tracts the Secretary considers to have the greatest potential for the discovery of hydrocarbons, taking into consideration nominations received pursuant to subsection (b)(1), but in no case less than 200,000 acres.CommentsClose CommentsPermalink
(e) Timing of Lease Sales- The Secretary shall--CommentsClose CommentsPermalink
(1) conduct the first lease sale under this subtitle within 22 months after the date of the enactment of this Act;CommentsClose CommentsPermalink
(2) evaluate the bids in such sale and issue leases resulting from such sale, within 90 days after the date of the completion of such sale; andCommentsClose CommentsPermalink
(3) conduct additional sales so long as sufficient interest in development exists to warrant, in the Secretary’s judgment, the conduct of such sales.CommentsClose CommentsPermalink
SEC. 235. GRANT OF LEASES BY THE SECRETARY.
(a) In General- The Secretary may grant to the highest responsible qualified bidder in a lease sale conducted pursuant to section 134 any lands to be leased on the Coastal Plain upon payment by the lessee of such bonus as may be accepted by the Secretary.CommentsClose CommentsPermalink
(b) Subsequent Transfers- No lease issued under this subtitle may be sold, exchanged, assigned, sublet, or otherwise transferred except with the approval of the Secretary. Prior to any such approval the Secretary shall consult with, and give due consideration to the views of, the Attorney General.CommentsClose CommentsPermalink
SEC. 236. LEASE TERMS AND CONDITIONS.
(a) In General- An oil or gas lease issued pursuant to this subtitle shall--CommentsClose CommentsPermalink
(1) provide for the payment of a royalty of not less than 12 1/2 percent in amount or value of the production removed or sold from the lease, as determined by the Secretary under the regulations applicable to other Federal oil and gas leases;CommentsClose CommentsPermalink
(2) provide that the Secretary may close, on a seasonal basis, portions of the Coastal Plain to exploratory drilling activities as necessary to protect caribou calving areas and other species of fish and wildlife;CommentsClose CommentsPermalink
(3) require that the lessee of lands within the Coastal Plain shall be fully responsible and liable for the reclamation of lands within the Coastal Plain and any other Federal lands that are adversely affected in connection with exploration, development, production, or transportation activities conducted under the lease and within the Coastal Plain by the lessee or by any of the subcontractors or agents of the lessee;CommentsClose CommentsPermalink
(4) provide that the lessee may not delegate or convey, by contract or otherwise, the reclamation responsibility and liability to another person without the express written approval of the Secretary;CommentsClose CommentsPermalink
(5) provide that the standard of reclamation for lands required to be reclaimed under this subtitle shall be, as nearly as practicable, a condition capable of supporting the uses which the lands were capable of supporting prior to any exploration, development, or production activities, or upon application by the lessee, to a higher or better use as approved by the Secretary;CommentsClose CommentsPermalink
(6) contain terms and conditions relating to protection of fish and wildlife, their habitat, subsistence resources, and the environment as required pursuant to section 133(a)(2);CommentsClose CommentsPermalink
(7) provide that the lessee, its agents, and its contractors use best efforts to provide a fair share, as determined by the level of obligation previously agreed to in the 1974 agreement implementing section 29 of the Federal Agreement and Grant of Right of Way for the Operation of the Trans-Alaska Pipeline, of employment and contracting for Alaska Natives and Alaska Native Corporations from throughout the State;CommentsClose CommentsPermalink
(8) prohibit the export of oil produced under the lease; andCommentsClose CommentsPermalink
(9) contain such other provisions as the Secretary determines necessary to ensure compliance with the provisions of this subtitle and the regulations issued under this subtitle.CommentsClose CommentsPermalink
(b) Project Labor Agreements- The Secretary, as a term and condition of each lease under this subtitle and in recognizing the Government’s proprietary interest in labor stability and in the ability of construction labor and management to meet the particular needs and conditions of projects to be developed under the leases issued pursuant to this subtitle and the special concerns of the parties to such leases, shall require that the lessee and its agents and contractors negotiate to obtain a project labor agreement for the employment of laborers and mechanics on production, maintenance, and construction under the lease.CommentsClose CommentsPermalink
SEC. 237. COASTAL PLAIN ENVIRONMENTAL PROTECTION.
(a) No Significant Adverse Effect Standard To Govern Authorized Coastal Plain Activities- The Secretary shall, consistent with the requirements of section 133, administer the provisions of this subtitle through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other provisions that--CommentsClose CommentsPermalink
(1) ensure the oil and gas exploration, development, and production activities on the Coastal Plain will result in no significant adverse effect on fish and wildlife, their habitat, and the environment;CommentsClose CommentsPermalink
(2) require the application of the best commercially available technology for oil and gas exploration, development, and production on all new exploration, development, and production operations; andCommentsClose CommentsPermalink
(3) ensure that the maximum amount of surface acreage covered by production and support facilities, including airstrips and any areas covered by gravel berms or piers for support of pipelines, does not exceed 2,000 acres on the Coastal Plain.CommentsClose CommentsPermalink
(b) Site-Specific Assessment and Mitigation- The Secretary shall also require, with respect to any proposed drilling and related activities, that--CommentsClose CommentsPermalink
(1) a site-specific analysis be made of the probable effects, if any, that the drilling or related activities will have on fish and wildlife, their habitat, subsistence resources, and the environment;CommentsClose CommentsPermalink
(2) a plan be implemented to avoid, minimize, and mitigate (in that order and to the extent practicable) any significant adverse effect identified under paragraph (1); andCommentsClose CommentsPermalink
(3) the development of the plan shall occur after consultation with the agency or agencies having jurisdiction over matters mitigated by the plan.CommentsClose CommentsPermalink
(c) Regulations To Protect Coastal Plain Fish and Wildlife Resources, Subsistence Users, and the Environment- Before implementing the leasing program authorized by this subtitle, the Secretary shall prepare and promulgate regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other measures designed to ensure that the activities undertaken on the Coastal Plain under this subtitle are conducted in a manner consistent with the purposes and environmental requirements of this subtitle.CommentsClose CommentsPermalink
(d) Compliance With Federal and State Environmental Laws and Other Requirements- The proposed regulations, lease terms, conditions, restrictions, prohibitions, and stipulations for the leasing program under this subtitle shall require compliance with all applicable provisions of Federal and State environmental law, and shall also require the following:CommentsClose CommentsPermalink
(1) Standards at least as effective as the safety and environmental mitigation measures set forth in items 1 through 29 at pages 167 through 169 of the ‘Final Legislative Environmental Impact Statement’ (April 1987) on the Coastal Plain.CommentsClose CommentsPermalink
(2) Seasonal limitations on exploration, development, and related activities, where necessary, to avoid significant adverse effects during periods of concentrated fish and wildlife breeding, denning, nesting, spawning, and migration.CommentsClose CommentsPermalink
(3) That exploration activities, except for surface geological studies, be limited to the period between approximately November 1 and May 1 each year and that exploration activities shall be supported, if necessary, by ice roads, winter trails with adequate snow cover, ice pads, ice airstrips, and air transport methods, except that such exploration activities may occur at other times if the Secretary finds that such exploration will have no significant adverse effect on the fish and wildlife, their habitat, and the environment of the Coastal Plain.CommentsClose CommentsPermalink
(4) Design safety and construction standards for all pipelines and any access and service roads, that--CommentsClose CommentsPermalink
(A) minimize, to the maximum extent possible, adverse effects upon the passage of migratory species such as caribou; andCommentsClose CommentsPermalink
(B) minimize adverse effects upon the flow of surface water by requiring the use of culverts, bridges, and other structural devices.CommentsClose CommentsPermalink
(5) Prohibitions on general public access and use on all pipeline access and service roads.CommentsClose CommentsPermalink
(6) Stringent reclamation and rehabilitation requirements, consistent with the standards set forth in this subtitle, requiring the removal from the Coastal Plain of all oil and gas development and production facilities, structures, and equipment upon completion of oil and gas production operations, except that the Secretary may exempt from the requirements of this paragraph those facilities, structures, or equipment that the Secretary determines would assist in the management of the Arctic National Wildlife Refuge and that are donated to the United States for that purpose.CommentsClose CommentsPermalink
(7) Appropriate prohibitions or restrictions on access by all modes of transportation.CommentsClose CommentsPermalink
(8) Appropriate prohibitions or restrictions on sand and gravel extraction.CommentsClose CommentsPermalink
(9) Consolidation of facility siting.CommentsClose CommentsPermalink
(10) Appropriate prohibitions or restrictions on use of explosives.CommentsClose CommentsPermalink
(11) Avoidance, to the extent practicable, of springs, streams, and river systems; the protection of natural surface drainage patterns, wetlands, and riparian habitats; and the regulation of methods or techniques for developing or transporting adequate supplies of water for exploratory drilling.CommentsClose CommentsPermalink
(12) Avoidance or minimization of air traffic-related disturbance to fish and wildlife.CommentsClose CommentsPermalink
(13) Treatment and disposal of hazardous and toxic wastes, solid wastes, reserve pit fluids, drilling muds and cuttings, and domestic wastewater, including an annual waste management report, a hazardous materials tracking system, and a prohibition on chlorinated solvents, in accordance with applicable Federal and State environmental law.CommentsClose CommentsPermalink
(14) Fuel storage and oil spill contingency planning.CommentsClose CommentsPermalink
(15) Research, monitoring, and reporting requirements.CommentsClose CommentsPermalink
(16) Field crew environmental briefings.CommentsClose CommentsPermalink
(17) Avoidance of significant adverse effects upon subsistence hunting, fishing, and trapping by subsistence users.CommentsClose CommentsPermalink
(18) Compliance with applicable air and water quality standards.CommentsClose CommentsPermalink
(19) Appropriate seasonal and safety zone designations around well sites, within which subsistence hunting and trapping shall be limited.CommentsClose CommentsPermalink
(20) Reasonable stipulations for protection of cultural and archeological resources.CommentsClose CommentsPermalink
(21) All other protective environmental stipulations, restrictions, terms, and conditions deemed necessary by the Secretary.CommentsClose CommentsPermalink
(e) Considerations- In preparing and promulgating regulations, lease terms, conditions, restrictions, prohibitions, and stipulations under this section, the Secretary shall consider the following:CommentsClose CommentsPermalink
(1) The stipulations and conditions that govern the National Petroleum Reserve-Alaska leasing program, as set forth in the 1999 Northeast National Petroleum Reserve-Alaska Final Integrated Activity Plan/Environmental Impact Statement.CommentsClose CommentsPermalink
(2) The environmental protection standards that governed the initial Coastal Plain seismic exploration program under parts 37.31 to 37.33 of title 50, Code of Federal Regulations.CommentsClose CommentsPermalink
(3) The land use stipulations for exploratory drilling on the KIC-ASRC private lands that are set forth in appendix 2 of the August 9, 1983, agreement between Arctic Slope Regional Corporation and the United States.CommentsClose CommentsPermalink
(f) Facility Consolidation Planning-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall, after providing for public notice and comment, prepare and update periodically a plan to govern, guide, and direct the siting and construction of facilities for the exploration, development, production, and transportation of Coastal Plain oil and gas resources.CommentsClose CommentsPermalink
(2) OBJECTIVES- The plan shall have the following objectives:CommentsClose CommentsPermalink
(A) Avoiding unnecessary duplication of facilities and activities.CommentsClose CommentsPermalink
(B) Encouraging consolidation of common facilities and activities.CommentsClose CommentsPermalink
(C) Locating or confining facilities and activities to areas that will minimize impact on fish and wildlife, their habitat, and the environment.CommentsClose CommentsPermalink
(D) Utilizing existing facilities wherever practicable.CommentsClose CommentsPermalink
(E) Enhancing compatibility between wildlife values and development activities.CommentsClose CommentsPermalink
(g) Access to Public Lands- The Secretary shall--CommentsClose CommentsPermalink
(1) manage public lands in the Coastal Plain subject to subsections (a) and (b) of section 811 of the Alaska National Interest Lands Conservation Act (
(2) ensure that local residents shall have reasonable access to public lands in the Coastal Plain for traditional uses.CommentsClose CommentsPermalink
SEC. 238. EXPEDITED JUDICIAL REVIEW.
(a) Filing of Complaint-CommentsClose CommentsPermalink
(1) DEADLINE- Subject to paragraph (2), any complaint seeking judicial review of any provision of this subtitle or any action of the Secretary under this subtitle shall be filed--CommentsClose CommentsPermalink
(A) except as provided in subparagraph (B), within the 90-day period beginning on the date of the action being challenged; orCommentsClose CommentsPermalink
(B) in the case of a complaint based solely on grounds arising after such period, within 90 days after the complainant knew or reasonably should have known of the grounds for the complaint.CommentsClose CommentsPermalink
(2) VENUE- Any complaint seeking judicial review of any provision of this subtitle or any action of the Secretary under this subtitle may be filed only in the United States Court of Appeals for the District of Columbia.CommentsClose CommentsPermalink
(3) LIMITATION ON SCOPE OF CERTAIN REVIEW- Judicial review of a Secretarial decision to conduct a lease sale under this subtitle, including the environmental analysis thereof, shall be limited to whether the Secretary has complied with the terms of this subtitle and shall be based upon the administrative record of that decision. The Secretary’s identification of a preferred course of action to enable leasing to proceed and the Secretary’s analysis of environmental effects under this subtitle shall be presumed to be correct unless shown otherwise by clear and convincing evidence to the contrary.CommentsClose CommentsPermalink
(b) Limitation on Other Review- Actions of the Secretary with respect to which review could have been obtained under this section shall not be subject to judicial review in any civil or criminal proceeding for enforcement.CommentsClose CommentsPermalink
SEC. 239. FEDERAL AND STATE DISTRIBUTION OF REVENUES.
(a) In General- Notwithstanding any other provision of law, of the amount of adjusted bonus, rental, and royalty revenues from Federal oil and gas leasing and operations authorized under this subtitle--CommentsClose CommentsPermalink
(1) 50 percent shall be paid to the State of Alaska; andCommentsClose CommentsPermalink
(2) the balance shall be deposited in the Federal Treasury to pay down the Federal deficit, and if no deficit exists than to pay down the national debt.CommentsClose CommentsPermalink
(b) Payments to Alaska- Payments to the State of Alaska under this section shall be made semiannually.CommentsClose CommentsPermalink
SEC. 240. RIGHTS-OF-WAY ACROSS THE COASTAL PLAIN.
(a) In General- The Secretary shall issue rights-of-way and easements across the Coastal Plain for the transportation of oil and gas--CommentsClose CommentsPermalink
(1) except as provided in paragraph (2), under section 28 of the Mineral Leasing Act (
(2) under title XI of the Alaska National Interest Lands Conservation Act (
(b) Terms and Conditions- The Secretary shall include in any right-of-way or easement issued under subsection (a) such terms and conditions as may be necessary to ensure that transportation of oil and gas does not result in a significant adverse effect on the fish and wildlife, subsistence resources, their habitat, and the environment of the Coastal Plain, including requirements that facilities be sited or designed so as to avoid unnecessary duplication of roads and pipelines.CommentsClose CommentsPermalink
(c) Regulations- The Secretary shall include in regulations under section 133(g) provisions granting rights-of-way and easements described in subsection (a) of this section.CommentsClose CommentsPermalink
SEC. 241. CONVEYANCE.
In order to maximize Federal revenues by removing claims on title to lands and clarifying land ownership patterns within the Coastal Plain, the Secretary, notwithstanding the provisions of section 1302(h)(2) of the Alaska National Interest Lands Conservation Act (
(1) to the Kaktovik Inupiat Corporation the surface estate of the lands described in paragraph 1 of Public Land Order 6959, to the extent necessary to fulfill the Corporation’s entitlement under sections 12 and 14 of the Alaska Native Claims Settlement Act (
(2) to the Arctic Slope Regional Corporation the remaining subsurface estate to which it is entitled pursuant to the August 9, 1983, agreement between the Arctic Slope Regional Corporation and the United States of America.CommentsClose CommentsPermalink
SEC. 242. LOCAL GOVERNMENT IMPACT AID AND COMMUNITY SERVICE ASSISTANCE.
(a) Financial Assistance Authorized-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary may use amounts available from the Coastal Plain Local Government Impact Aid Assistance Fund established by subsection (d) to provide timely financial assistance to entities that are eligible under paragraph (2) and that are directly impacted by the exploration for or production of oil and gas on the Coastal Plain under this subtitle.CommentsClose CommentsPermalink
(2) ELIGIBLE ENTITIES- The North Slope Borough, the City of Kaktovik, and any other borough, municipal subdivision, village, or other community in the State of Alaska that is directly impacted by exploration for, or the production of, oil or gas on the Coastal Plain under this subtitle, as determined by the Secretary, shall be eligible for financial assistance under this section.CommentsClose CommentsPermalink
(b) Use of Assistance- Financial assistance under this section may be used only for--CommentsClose CommentsPermalink
(1) planning for mitigation of the potential effects of oil and gas exploration and development on environmental, social, cultural, recreational, and subsistence values;CommentsClose CommentsPermalink
(2) implementing mitigation plans and maintaining mitigation projects;CommentsClose CommentsPermalink
(3) developing, carrying out, and maintaining projects and programs that provide new or expanded public facilities and services to address needs and problems associated with such effects, including fire-fighting, police, water, waste treatment, medivac, and medical services; andCommentsClose CommentsPermalink
(4) establishment of a coordination office, by the North Slope Borough, in the City of Kaktovik, which shall--CommentsClose CommentsPermalink
(A) coordinate with and advise developers on local conditions, impact, and history of the areas utilized for development; andCommentsClose CommentsPermalink
(B) provide to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate an annual report on the status of coordination between developers and the communities affected by development.CommentsClose CommentsPermalink
(c) Application-CommentsClose CommentsPermalink
(1) IN GENERAL- Any community that is eligible for assistance under this section may submit an application for such assistance to the Secretary, in such form and under such procedures as the Secretary may prescribe by regulation.CommentsClose CommentsPermalink
(2) NORTH SLOPE BOROUGH COMMUNITIES- A community located in the North Slope Borough may apply for assistance under this section either directly to the Secretary or through the North Slope Borough.CommentsClose CommentsPermalink
(3) APPLICATION ASSISTANCE- The Secretary shall work closely with and assist the North Slope Borough and other communities eligible for assistance under this section in developing and submitting applications for assistance under this section.CommentsClose CommentsPermalink
(d) Establishment of Fund-CommentsClose CommentsPermalink
(1) IN GENERAL- There is established in the Treasury the Coastal Plain Local Government Impact Aid Assistance Fund.CommentsClose CommentsPermalink
(2) USE- Amounts in the fund may be used only for providing financial assistance under this section.CommentsClose CommentsPermalink
(3) DEPOSITS- Subject to paragraph (4), there shall be deposited into the fund amounts received by the United States as revenues derived from rents, bonuses, and royalties from Federal leases and lease sales authorized under this subtitle.CommentsClose CommentsPermalink
(4) LIMITATION ON DEPOSITS- The total amount in the fund may not exceed $11,000,000.CommentsClose CommentsPermalink
(5) INVESTMENT OF BALANCES- The Secretary of the Treasury shall invest amounts in the fund in interest-bearing Government securities.CommentsClose CommentsPermalink
(e) Authorization of Appropriations- To provide financial assistance under this section there is authorized to be appropriated to the Secretary from the Coastal Plain Local Government Impact Aid Assistance Fund $5,000,000 for each fiscal year.CommentsClose CommentsPermalink
TITLE III--NUCLEAR POWERCommentsClose CommentsPermalink
TITLE III--NUCLEAR POWERCommentsClose CommentsPermalink
SEC. 301. WASTE CONFIDENCE.
The Nuclear Regulatory Commission may not deny an application for a license, permit, or other authorization under the Atomic Energy Act of 1954 on the grounds that sufficient capacity does not exist, or will not become available on a timely basis, for disposal of spent nuclear fuel or high-level radioactive waste from the facility for which the license, permit, or other authorization is sought.CommentsClose CommentsPermalink
SEC. 302. ASME NUCLEAR CERTIFICATION CREDIT.
(a) In General- Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section:CommentsClose CommentsPermalink
‘SEC. 45R. ASME NUCLEAR CERTIFICATION CREDIT.
‘(a) In General- For purposes of section 38, the ASME Nuclear Certification credit determined under this section for any taxable year is an amount equal to 15 percent of the qualified nuclear expenditures paid or incurred by the taxpayer.CommentsClose CommentsPermalink
‘(b) Qualified Nuclear Expenditures- For purposes of this section, the term ‘qualified nuclear expenditures’ means any expenditure related to--CommentsClose CommentsPermalink
‘(1) obtaining a certification under the American Society of Mechanical Engineers Nuclear Component Certification program, orCommentsClose CommentsPermalink
‘(2) increasing the taxpayer’s capacity to construct, fabricate, assemble, or install components--CommentsClose CommentsPermalink
‘(A) for any facility which uses nuclear energy to produce electricity, andCommentsClose CommentsPermalink
‘(B) with respect to the construction, fabrication, assembly, or installation of which the taxpayer is certified under such program.CommentsClose CommentsPermalink
‘(c) Timing of Credit- The credit allowed under subsection (a) for any expenditures shall be allowed--CommentsClose CommentsPermalink
‘(1) in the case of a qualified nuclear expenditure described in subsection (b)(1), for the taxable year of such certification, andCommentsClose CommentsPermalink
‘(2) in the case of any other qualified nuclear expenditure, for the taxable year in which such expenditure is paid or incurred.CommentsClose CommentsPermalink
‘(d) Special Rules-CommentsClose CommentsPermalink
‘(1) BASIS ADJUSTMENT- For purposes of this subtitle, if a credit is allowed under this section for an expenditure, the increase in basis which would result (but for this subsection) for such expenditure shall be reduced by the amount of the credit allowed under this section.CommentsClose CommentsPermalink
‘(2) DENIAL OF DOUBLE BENEFIT- No deduction shall be allowed under this chapter for any amount taken into account in determining the credit under this section.CommentsClose CommentsPermalink
‘(e) Termination- This section shall not apply to any expenditures paid or incurred in taxable years beginning after December 31, 2019.’.CommentsClose CommentsPermalink
(b) Conforming Amendments-CommentsClose CommentsPermalink
(1) Subsection (b) of section 38 of such Code is amended by striking ‘plus’ at the end of paragraph (34), by striking the period at the end of paragraph (35) and inserting ‘, plus’, and by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(36) the ASME nuclear certification credit determined under section 45R(a).’.CommentsClose CommentsPermalink
(2) Subsection (a) of section 1016 of such Code (relating to adjustments to basis) is amended by striking ‘and’ at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ‘, and’, and by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(38) to the extent provided in section 45R(e)(1).’.CommentsClose CommentsPermalink
(c) Effective Date- The amendments made by this section shall apply to expenditures paid or incurred in taxable years beginning after December 31, 2009.CommentsClose CommentsPermalink
TITLE IV--REGULATORY BURDENSCommentsClose CommentsPermalink
TITLE IV--REGULATORY BURDENSCommentsClose CommentsPermalink
SEC. 401. GREENHOUSE GAS REGULATION UNDER CLEAN AIR ACT.
(a) Definition of Air Pollutant- Section 302(g) of the Clean Air Act (
(b) Climate Change Not Regulated by Clean Air Act- Nothing in the Clean Air Act shall be treated as authorizing or requiring the regulation of climate change or global warming.CommentsClose CommentsPermalink
SEC. 402. NEPA JUDICIAL REVIEW.
Title I of the National Environmental Policy Act of 1969 (
‘SEC. 106. JUDICIAL REVIEW.
‘(a) In General- Review of a Federal agency’s compliance with section 102 of the Act may be filed in the circuit in which the petitioner resides or transacts business which is directly affected by the action. Any such application for review shall be made within ninety days from the date of promulgation of the Federal agency’s decision.CommentsClose CommentsPermalink
‘(b) Procedures for Review-CommentsClose CommentsPermalink
‘(1) LIMITATION- In any judicial action under this Act, judicial review of any issues concerning a Federal agency’s compliance with section 102 shall be limited to the administrative record. Otherwise applicable principles of administrative law shall govern whether any supplemental materials may be considered by the court.CommentsClose CommentsPermalink
‘(2) STANDARD- In considering objections raised in any judicial action under this Act, the court shall uphold the Federal agency’s decision, whether in is the first instance, a revocation, recession or other action, unless the objecting party can demonstrate, on the administrative record, that the decision was arbitrary and capricious or otherwise not in accordance with law.CommentsClose CommentsPermalink
‘(3) REMEDY- If the court finds that the selection of the response action was arbitrary and capricious or otherwise not in accordance with law, the court shall award such relief as the court deems appropriate.CommentsClose CommentsPermalink
‘(4) PROCEDURAL ERRORS- In reviewing alleged procedural errors, the court may disallow costs or damages only if the errors were so serious and related to matters of such central relevance to the action that the action would have been significantly changed had such errors not been made.CommentsClose CommentsPermalink
‘(c) Notice of Actions- Whenever any action is brought under this Act in a court of the United States by a plaintiff other than the United States, the plaintiff shall provide a copy of the complaint to the Attorney General of the United States and to the Secretary or Administrator of the affected Federal agency.CommentsClose CommentsPermalink
‘(d) Intervention- In any action commenced under this Act, any person may intervene as a matter of right when such person claims an interest relating to the subject of the action and is so situated that the disposition of the action may, as a practical matter, impair or impede the person’s ability to protect that interest, unless the Secretary or Administrator shows that the person’s interest is adequately represented by existing parties.’.CommentsClose CommentsPermalink
SEC. 403. REPEAL OF 2007 AMENDMENTS TO RENEWABLE FUEL STANDARD.
Section 211(o) of the Clean Air Act (
SEC. 404. REPEAL OF REQUIREMENT TO CONSULT REGARDING IMPACTS ON GLOBAL WARMING AND POLAR BEAR POPULATION.
Section 429 of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2009 (division E of
SEC. 405. LIGHT BULB CHOICE.
(a) In General- Effective 6 months after the date of enactment of this Act, sections 321 and 322, and the items in the table of contents relating thereto, of the Energy Independence and Security Act of 2007 are repealed.CommentsClose CommentsPermalink
(b) Reversion- When the repeal occurs under paragraph (1), the amendments made by sections 321 and 322 of the Energy Independence and Security Act of 2007 are hereby repealed, and the laws amended thereby shall read as if those amendments had not been enacted.CommentsClose CommentsPermalink
SEC. 406. REPEAL OF DEDUCTION FOR INCOME ATTRIBUTABLE TO DOMESTIC PRODUCTION ACTIVITIES.
(a) In General- Section 199 of the Internal Revenue Code is repealed.CommentsClose CommentsPermalink
(b) Conforming Amendments-CommentsClose CommentsPermalink
(1) Sections 86(b)(2)(A), 135(c)(4)(A), 137(b)(3)(A), 219(g)(3)(A)(ii), 221(b)(2)(C), 246(b)(1), and 469(i)(3)(F) of such Code are each amended by striking ‘199,’.CommentsClose CommentsPermalink
(2) Clause (i) of section 163(j)(6)(A) of such Code is amended by inserting ‘and’ at the end of subclause (II), by striking subclause (III) and by redesignating subclause (IV) as subclause (III).CommentsClose CommentsPermalink
(3) Subparagraph (C) of section 170(b)(2) of such Code is amended by striking clause (iv), by redesignating clause (v) as clause (iv), and by inserting ‘and’ at the end of clause (iii).CommentsClose CommentsPermalink
(4) Subsection (d) of section 172 of such Code is amended by striking paragraph (7).CommentsClose CommentsPermalink
(5) Subsection (a) of section 613 of such Code is amended by striking ‘and without the deduction under section 199’.CommentsClose CommentsPermalink
(6) Paragraph (1) of section 613A(d) of such Code is amended by redesignating subparagraphs (C), (D), and (E) as subparagraphs (B), (C), and (D), respectively, and by striking subparagraph (B).CommentsClose CommentsPermalink
(7) Subsection (a) of section 1402 of such Code is amended by inserting ‘and’ at the end of paragraph (15), by striking paragraph (16), and by redesignating paragraph (17) as paragraph (16).CommentsClose CommentsPermalink
(8) The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 199.CommentsClose CommentsPermalink
(c) Effective Date- The amendments made by this section shall apply to taxable years beginning after December 31, 2009.CommentsClose CommentsPermalink
TITLE V--SOLAR POWERCommentsClose CommentsPermalink
TITLE V--SOLAR POWERCommentsClose CommentsPermalink
SEC. 501. SHORT TITLE.
This subtitle may be cited as the ‘Emergency Solar Power Permit Act’.CommentsClose CommentsPermalink
SEC. 502. EXEMPTION OF SOLAR ENERGY PROJECTS FROM ENVIRONMENTAL IMPACT STATEMENT REQUIREMENT.
(a) In General- Title I of the National Environmental Policy Act of 1969 (
‘Sec. 106. No action relating to the development, deployment, or operation of a solar energy project on lands managed by the Bureau of Land Management shall be considered a major Federal action for the purposes of section 102(2)(C).’.CommentsClose CommentsPermalink
(b) Effect for Statements Underway- Each department and agency of the Federal Government shall cease the preparation of a statement, commenced pursuant to section 102(2)(C) of the National Environmental Policy Act of 1969 (
TITLE VI--NATURAL GASCommentsClose CommentsPermalink
TITLE VI--NATURAL GASCommentsClose CommentsPermalink
SEC. 601. NATURAL GAS VEHICLE RESEARCH, DEVELOPMENT, AND DEMONSTRATION PROJECTS.
(a) In General- The Secretary of Energy shall conduct a 5-year program of natural gas vehicle research, development, and demonstration. The Secretary shall coordinate with the Administrator of the Environmental Protection Agency, as necessary.CommentsClose CommentsPermalink
(b) Purpose- The program under this section shall focus on--CommentsClose CommentsPermalink
(1) the continued improvement and development of new, cleaner, more efficient light-duty, medium-duty, and heavy-duty natural gas vehicle engines;CommentsClose CommentsPermalink
(2) the integration of those engines into light-duty, medium-duty, and heavy-duty natural gas vehicles for onroad and offroad applications;CommentsClose CommentsPermalink
(3) expanding product availability by assisting manufacturers with the certification of the engines or vehicles described in paragraph (1) or (2) to Federal or California certification requirements and in-use emission standards;CommentsClose CommentsPermalink
(4) the demonstration and proper operation and use of the vehicles described in paragraph (2) under all operating conditions;CommentsClose CommentsPermalink
(5) the development and improvement of nationally recognized codes and standards for the continued safe operation of natural gas vehicles and their components;CommentsClose CommentsPermalink
(6) improvement in the reliability and efficiency of natural gas fueling station infrastructure;CommentsClose CommentsPermalink
(7) the certification of natural gas fueling station infrastructure to nationally recognized and industry safety standards;CommentsClose CommentsPermalink
(8) the improvement in the reliability and efficiency of onboard natural gas fuel storage systems;CommentsClose CommentsPermalink
(9) the development of new natural gas fuel storage materials;CommentsClose CommentsPermalink
(10) the certification of onboard natural gas fuel storage systems to nationally recognized and industry safety standards; andCommentsClose CommentsPermalink
(11) the use of natural gas engines in hybrid vehicles.CommentsClose CommentsPermalink
(c) Certification of Conversion Systems- The Secretary shall coordinate with the Administrator on issues related to streamlining the certification of natural gas conversion systems to the appropriate Federal certification requirements and in-use emission standards.CommentsClose CommentsPermalink
(d) Cooperation and Coordination With Industry- In developing and carrying out the program under this section, the Secretary shall coordinate with the natural gas vehicle industry to ensure cooperation between the public and the private sector.CommentsClose CommentsPermalink
(e) Conduct of Program- The program under this section shall be conducted in accordance with sections 3001 and 3002 of the Energy Policy Act of 1992.CommentsClose CommentsPermalink
(f) Report- Not later than 2 years after the date of enactment of this Act, the Secretary shall provide a report to Congress on the implementation of this section.CommentsClose CommentsPermalink
(g) Authorization of Appropriations- There are authorized to be appropriated to the Secretary $30,000,000 for each of the fiscal years 2010 through 2014 to carry out this section.CommentsClose CommentsPermalink
(h) Definition- For purposes of this section, the term ‘natural gas’ means compressed natural gas, liquefied natural gas, biomethane, and mixtures of hydrogen and methane or natural gas.CommentsClose CommentsPermalink
SEC. 602. ALTERNATIVE FUEL CREDIT WITH RESPECT TO COMPRESSED OR LIQUEFIED NATURAL GAS MADE PERMANENT.
(a) Alternative Fuel Credit- Paragraph (5) of section 6426(d) of the Internal Revenue Code of 1986 (relating to alternative fuel credit) is amended to read as follows:CommentsClose CommentsPermalink
‘(5) TERMINATION-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Except as provided in subparagraph (B), this subsection shall not apply to any sale or use for any period after December 31, 2009 (September 30, 2014, in the case of any sale or use involving liquefied hydrogen).CommentsClose CommentsPermalink
‘(B) COMPRESSED OR LIQUEFIED NATURAL GAS- Subparagraph (A) shall not apply in the case of any sale or use involving compressed or liquefied natural gas.’.CommentsClose CommentsPermalink
(b) Alternative Fuel Mixture Credit- Paragraph (3) of section 6426(e) of such Code is amended to read as follows:CommentsClose CommentsPermalink
‘(3) TERMINATION-CommentsClose CommentsPermalink
‘(A) Except as provided in subparagraph (B), this subsection shall not apply to any sale or use for any period after December 31, 2009 (September 30, 2014, in the case of any sale or use involving liquefied hydrogen).CommentsClose CommentsPermalink
‘(B) COMPRESSED OR LIQUEFIED NATURAL GAS- Subparagraph (A) shall not apply in the case of any sale or use involving compressed or liquefied natural gas.’.CommentsClose CommentsPermalink
(c) Payments Relating to Alternative Fuel or Alternative Fuel Mixtures- Paragraph (6) of section 6427(e) of such Code is amended by adding at the end the following flush sentence:CommentsClose CommentsPermalink
‘The preceding sentence shall not apply in the case of any sale or use involving compressed or liquefied natural gas.’.CommentsClose CommentsPermalink
(d) Effective Date- The amendments made by this section shall apply to fuel sold or used after the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 603. ALTERNATIVE FUEL VEHICLE CREDIT MADE PERMANENT WITH RESPECT TO VEHICLES POWERED BY COMPRESSED OR LIQUEFIED NATURAL GAS.
(a) In General- Paragraph (4) of section 30B(k) of the Internal Revenue Code of 1986 (relating to termination) is amended by adding at the end the following flush sentence:CommentsClose CommentsPermalink
‘The preceding sentence shall not apply in the case of a vehicle powered by compressed or liquefied natural gas.’.CommentsClose CommentsPermalink
(b) Effective Date- The amendment made by subsection (a) shall apply to property placed in service after the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 604. ALLOWANCE OF VEHICLE AND INFRASTRUCTURE CREDITS AGAINST REGULAR AND MINIMUM TAX AND TRANSFERABILITY OF CREDITS.
(a) Business Credits- Subparagraph (B) of section 38(c)(4) of the Internal Revenue Code of 1986 is amended by striking ‘and’ at the end of clause (vii), by striking the period at the end of clause (viii) and inserting ‘, and’, and by inserting after clause (viii) the following new clauses:CommentsClose CommentsPermalink
‘(ix) the portion of the credit determined under section 30B which is attributable to the application of subsection (e)(3) thereof with respect to qualified alternative fuel motor vehicles which are capable of being powered by compressed or liquefied natural gas, andCommentsClose CommentsPermalink
‘(x) the portion of the credit determined under section 30C which is attributable to the application of subsection (b) thereof with respect to refueling property which is used to store and or dispense compressed or liquefied natural gas.’.CommentsClose CommentsPermalink
(b) Personal Credits-CommentsClose CommentsPermalink
(1) NEW QUALIFIED ALTERNATIVE FUEL MOTOR VEHICLES- Subsection (g) of section 30B of such Code is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(3) SPECIAL RULE RELATING TO CERTAIN NEW QUALIFIED ALTERNATIVE FUEL MOTOR VEHICLES- In the case of the portion of the credit determined under subsection (a) which is attributable to the application of subsection (e)(3) with respect to qualified alternative fuel motor vehicles which are capable of being powered by compressed or liquefied natural gas--CommentsClose CommentsPermalink
‘(A) paragraph (2) shall (after the application of paragraph (1)) be applied separately with respect to such portion, andCommentsClose CommentsPermalink
‘(B) in lieu of the limitation determined under paragraph (2), such limitation shall not exceed the excess (if any) of--CommentsClose CommentsPermalink
‘(i) the sum of the regular tax liability (as defined in section 26(b)) plus the tentative minimum tax for the taxable year, reduced byCommentsClose CommentsPermalink
‘(ii) the sum of the credits allowable under subpart A and sections 27 and 30.’.CommentsClose CommentsPermalink
(2) ALTERNATIVE FUEL VEHICLE REFUELING PROPERTIES- Subsection (d) of section 30C of such Code is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(3) SPECIAL RULE RELATING TO CERTAIN ALTERNATIVE FUEL VEHICLE REFUELING PROPERTIES- In the case of the portion of the credit determined under subsection (a) with respect to refueling property which is used to store and or dispense compressed or liquefied natural gas and which is attributable to the application of subsection (b)--CommentsClose CommentsPermalink
‘(A) paragraph (2) shall (after the application of paragraph (1)) be applied separately with respect to such portion, andCommentsClose CommentsPermalink
‘(B) in lieu of the limitation determined under paragraph (2), such limitation shall not exceed the excess (if any) of--CommentsClose CommentsPermalink
‘(i) the sum of the regular tax liability (as defined in section 26(b)) plus the tentative minimum tax for the taxable year, reduced byCommentsClose CommentsPermalink
‘(ii) the sum of the credits allowable under subpart A and sections 27, 30, and the portion of the credit determined under section 30B which is attributable to the application of subsection (e)(3) thereof.’.CommentsClose CommentsPermalink
(c) Credits May Be Transferred-CommentsClose CommentsPermalink
(1) VEHICLE CREDITS- Subsection (h) of section 30B of such Code is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(11) TRANSFERABILITY OF CREDIT- Nothing in any law or rule of law shall be construed to limit a taxpayer from transferring, through sale and repurchase agreement, the credit allowed by this section for qualified alternative fuel motor vehicles which are capable of being powered by compressed or liquefied natural gas.’.CommentsClose CommentsPermalink
(2) INFRASTRUCTURE CREDIT- Subsection (e) of section 30C of such Code is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(6) CREDIT MAY BE TRANSFERRED- Nothing in any law or rule of law shall be construed to limit a taxpayer from transferring the credit allowed by this section through sale and repurchase agreements.’.CommentsClose CommentsPermalink
(d) Effective Date- The amendments made by this section shall apply with respect to property placed in service after the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 605. CREDIT FOR PRODUCING VEHICLES FUELED BY NATURAL GAS OR LIQUIFIED NATURAL GAS.
(a) In General- Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits), as amended by this Act, is amended by inserting after section 45R the following new section:CommentsClose CommentsPermalink
‘SEC. 45S. PRODUCTION OF VEHICLES FUELED BY NATURAL GAS OR LIQUIFIED NATURAL GAS.
‘(a) In General- For purposes of section 38, in the case of a taxpayer who is a manufacturer of natural gas vehicles, the natural gas vehicle credit determined under this section for any taxable year with respect to each eligible natural gas vehicle produced by the taxpayer during such year is an amount equal to the lesser of--CommentsClose CommentsPermalink
‘(1) 10 percent of the manufacturer’s basis in such vehicle, orCommentsClose CommentsPermalink
‘(2) $4,000.CommentsClose CommentsPermalink
‘(b) Aggregate Credit Allowed- The aggregate amount of credit allowed under subsection (a) with respect to a taxpayer for any taxable year shall not exceed $200,000,000 reduced by the amount of the credit allowed under subsection (a) to the taxpayer (or any predecessor) for all prior taxable years.CommentsClose CommentsPermalink
‘(c) Definitions- For purposes of this section--CommentsClose CommentsPermalink
‘(1) ELIGIBLE NATURAL GAS VEHICLE- The term ‘eligible natural gas vehicle’ means any motor vehicle (as defined in section 30(c)(2))--CommentsClose CommentsPermalink
‘(A) which--CommentsClose CommentsPermalink
‘(i) is only capable of operating on natural gas or liquefied natural gas, orCommentsClose CommentsPermalink
‘(ii) is capable of operating on compressed or liquefied natural gas and (but not in combination with) gasoline or diesel fuel, but in no case shall such vehicle have an operating range of less than 200 miles on compressed or liquefied natural gas, andCommentsClose CommentsPermalink
‘(B) the final assembly of which is in the United States.CommentsClose CommentsPermalink
‘(2) MANUFACTURER- The term ‘manufacturer’ has the meaning given such term in regulations prescribed by the Administrator of the Environmental Protection Agency for purposes of the administration of title II of the Clean Air Act (
42 U.S.C. 7521 et seq.).CommentsClose CommentsPermalink‘(d) Special Rules- For purposes of this section--CommentsClose CommentsPermalink
‘(1) IN GENERAL- Rules similar to the rules of subsections (c), (d), and (e) of section 52 shall apply.CommentsClose CommentsPermalink
‘(2) CONTROLLED GROUPS-CommentsClose CommentsPermalink
‘(A) IN GENERAL- All persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as a single producer.CommentsClose CommentsPermalink
‘(B) INCLUSION OF FOREIGN CORPORATIONS- For purposes of subparagraph (A), in applying subsections (a) and (b) of section 52 to this section, section 1563 shall be applied without regard to subsection (b)(2)(C) thereof.CommentsClose CommentsPermalink
‘(3) VERIFICATION- No amount shall be allowed as a credit under subsection (a) with respect to which the taxpayer has not submitted such information or certification as the Secretary, in consultation with the Secretary of Energy, determines necessary.’.CommentsClose CommentsPermalink
(b) Credit To Be Part of Business Credit- Section 38(b) of such Code, as amended by this Act, is amended by striking ‘plus’ at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ‘, plus’, and by adding at the end the following:CommentsClose CommentsPermalink
‘(37) the natural gas vehicle credit determined under section 45S(a).’.CommentsClose CommentsPermalink
(c) Conforming Amendment- The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45R the following new item:CommentsClose CommentsPermalink
‘Sec. 45S. Production of vehicles fueled by natural gas or liquified natural gas.’.CommentsClose CommentsPermalink
(d) Effective Date- The amendments made by this section shall apply to vehicles produced after December 31, 2008.CommentsClose CommentsPermalink
TITLE VII--CLEAN COALCommentsClose CommentsPermalink
TITLE VII--CLEAN COALCommentsClose CommentsPermalink
SEC. 701. COAL-TO-LIQUID FACILITIES.
(a) In General- Section 168 of the Internal Revenue Code of 1986 (relating to accelerated cost recovery system) is amended by adding at the end the following:CommentsClose CommentsPermalink
‘(o) Special Allowance for Coal-to-Liquid Plant Property-CommentsClose CommentsPermalink
‘(1) ADDITIONAL ALLOWANCE- In the case of any qualified coal-to-liquid plant property--CommentsClose CommentsPermalink
‘(A) the depreciation deduction provided by section 167(a) for the taxable year in which such property is placed in service shall include an allowance equal to 50 percent of the adjusted basis of such property, andCommentsClose CommentsPermalink
‘(B) the adjusted basis of such property shall be reduced by the amount of such deduction before computing the amount otherwise allowable as a depreciation deduction under this chapter for such taxable year and any subsequent taxable year.CommentsClose CommentsPermalink
‘(2) QUALIFIED COAL-TO-LIQUID PLANT PROPERTY-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The term ‘qualified coal-to-liquid plant property’ means property of a character subject to the allowance for depreciation--CommentsClose CommentsPermalink
‘(i) which is part of a commercial-scale project that converts coal to 1 or more liquid or gaseous transportation fuel that demonstrates the capture, and sequestration or disposal or use of, the carbon dioxide produced in the conversion process, and that, on the basis of carbon dioxide sequestration plan prepared by the applicant, is certified by the Administrator of the Environmental Protection Agency, in consultation with the Secretary of Energy, as producing fuel with life cycle carbon dioxide emissions at or below the average life-cycle carbon dioxide emissions for the same type of fuel produced at traditional petroleum based facilities with similar annual capacities,CommentsClose CommentsPermalink
‘(ii) which is used in the United States solely to produce coal-to-liquid fuels,CommentsClose CommentsPermalink
‘(iii) the original use of which commences with the taxpayer after the date of the enactment of this subsection,CommentsClose CommentsPermalink
‘(iv) which has a nameplate capacity of 30,000 barrels per day production of coal-to-liquid fuels,CommentsClose CommentsPermalink
‘(v) which is acquired by the taxpayer by purchase (as defined in section 179(d)) after the date of the enactment of this subsection, but only if no written binding contract for the acquisition was in effect on or before the date of the enactment of this subsection, andCommentsClose CommentsPermalink
‘(vi) which is placed in service by the taxpayer before January 1, 2013.CommentsClose CommentsPermalink
‘(B) EXCEPTIONS-CommentsClose CommentsPermalink
‘(i) ALTERNATIVE DEPRECIATION PROPERTY- Such term shall not include any property described in section 168(k)(2)(D)(i).CommentsClose CommentsPermalink
‘(ii) TAX-EXEMPT BOND-FINANCED PROPERTY- Such term shall not include any property any portion of which is financed with the proceeds of any obligation the interest on which is exempt from tax under section 103.CommentsClose CommentsPermalink
‘(iii) ELECTION OUT- If a taxpayer makes an election under this subparagraph with respect to any class of property for any taxable year, this subsection shall not apply to all property in such class placed in service during such taxable year.CommentsClose CommentsPermalink
‘(3) SPECIAL RULES- For purposes of this subsection, rules similar to the rules of subparagraph (E) of section 168(k)(2) shall apply, except that such subparagraph shall be applied--CommentsClose CommentsPermalink
‘(A) by substituting ‘the date of the enactment of subsection (l)’ for ‘December 31, 2007’ each place it appears therein,CommentsClose CommentsPermalink
‘(B) by substituting ‘January 1, 2013’ for ‘January 1, 2010’ in clause (i) thereof, andCommentsClose CommentsPermalink
‘(C) by substituting ‘qualified coal-to-liquid plant property’ for ‘qualified property’ in clause (iv) thereof.CommentsClose CommentsPermalink
‘(4) ALLOWANCE AGAINST ALTERNATIVE MINIMUM TAX- For purposes of this subsection, rules similar to the rules of section 168(k)(2)(G) shall apply.CommentsClose CommentsPermalink
‘(5) RECAPTURE- For purposes of this subsection, rules similar to the rules under section 179(d)(10) shall apply with respect to any qualified coal-to-liquid plant property which ceases to be qualified coal-to-liquid plant property.’.CommentsClose CommentsPermalink
(b) Effective Date- The amendment made by this section shall apply to property placed in service after the date of the enactment of this Act, in taxable years ending after such date.CommentsClose CommentsPermalink
SEC. 702. PERMANENT EXTENSION OF THE CREDIT FOR NONBUSINESS ENERGY PROPERTY AND THE CREDIT FOR GAS PRODUCED FROM BIOMASS AND FOR SYNTHETIC FUELS PRODUCED FROM COAL.
(a) Credit for Nonbusiness Energy Property Made Permanent-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 25C of the Internal Revenue Code of 1986 is amended by striking subsection (g).CommentsClose CommentsPermalink
(2) EFFECTIVE DATE- The amendment made by this subsection shall apply to property placed in service after December 31, 2008.CommentsClose CommentsPermalink
(b) Credit for Gas Produced From Biomass and for Synthetic Fuels Produced From Coal Made Permanent-CommentsClose CommentsPermalink
(1) IN GENERAL- Subparagraph (B) of section 45K(f)(1) of such Code is amended to read as follows:CommentsClose CommentsPermalink
‘(B) if such facility is originally placed in service after December 31, 1992, paragraph (2) of subsection (e) shall not apply.’.CommentsClose CommentsPermalink
(2) EFFECTIVE DATE- The amendment made by this subsection shall apply to fuel sold after December 31, 2008.CommentsClose CommentsPermalink
SEC. 703. COAL-TO-LIQUID FUEL LOAN GUARANTEE PROGRAM.
(a) Eligible Projects- Section 1703(b) of the Energy Policy Act of 2005 (
‘(11) Large-scale coal-to-liquid facilities (as defined in section 101 of the Coal-to-Liquid Fuel Promotion Act of 2007) that use a feedstock, the majority of which is the coal resources of the United States, to produce not less than 10,000 barrels a day of liquid transportation fuel.’.CommentsClose CommentsPermalink
(b) Authorization of Appropriations- Section 1704 of the Energy Policy Act of 2005 (
‘(c) Coal-to-Liquid Projects-CommentsClose CommentsPermalink
‘(1) IN GENERAL- There are authorized to be appropriated such sums as are necessary to provide the cost of guarantees for projects involving large-scale coal-to-liquid facilities under section 1703(b)(11).CommentsClose CommentsPermalink
‘(2) ALTERNATIVE FUNDING- If no appropriations are made available under paragraph (1), an eligible applicant may elect to provide payment to the Secretary, to be delivered if and at the time the application is approved, in the amount of the estimated cost of the loan guarantee to the Federal Government, as determined by the Secretary.CommentsClose CommentsPermalink
‘(3) LIMITATIONS-CommentsClose CommentsPermalink
‘(A) IN GENERAL- No loan guarantees shall be provided under this title for projects described in paragraph (1) after (as determined by the Secretary)--CommentsClose CommentsPermalink
‘(i) the tenth such loan guarantee is issued under this title; orCommentsClose CommentsPermalink
‘(ii) production capacity covered by such loan guarantees reaches 100,000 barrels per day of coal-to-liquid fuel.CommentsClose CommentsPermalink
‘(B) INDIVIDUAL PROJECTS-CommentsClose CommentsPermalink
‘(i) IN GENERAL- A loan guarantee may be provided under this title for any large-scale coal-to-liquid facility described in paragraph (1) that produces no more than 20,000 barrels of coal-to-liquid fuel per day.CommentsClose CommentsPermalink
‘(ii) NON-FEDERAL FUNDING REQUIREMENT- To be eligible for a loan guarantee under this title, a large-scale coal-to-liquid facility described in paragraph (1) that produces more than 20,000 barrels per day of coal-to-liquid fuel shall be eligible to receive a loan guarantee for the proportion of the cost of the facility that represents 20,000 barrels of coal-to-liquid fuel per day of production.CommentsClose CommentsPermalink
‘(4) REQUIREMENTS-CommentsClose CommentsPermalink
‘(A) GUIDELINES- Not later than 180 days after the date of enactment of this subsection, the Secretary shall publish guidelines for the coal-to-liquids loan guarantee application process.CommentsClose CommentsPermalink
‘(B) APPLICATIONS- Not later than 1 year after the date of enactment of this subsection, the Secretary shall begin to accept applications for coal-to-liquid loan guarantees under this subsection.CommentsClose CommentsPermalink
‘(C) DEADLINE- Not later than 1 year from the date of acceptance of an application under subparagraph (B), the Secretary shall evaluate the application and make final determinations under this subsection.CommentsClose CommentsPermalink
‘(5) REPORTS TO CONGRESS- The Secretary 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 report describing the status of the program under this subsection not later than each of--CommentsClose CommentsPermalink
‘(A) 180 days after the date of enactment of this subsection;CommentsClose CommentsPermalink
‘(B) 1 year after the date of enactment of this subsection; andCommentsClose CommentsPermalink
‘(C) the dates on which the Secretary approves the first and fifth applications for coal-to-liquid loan guarantees under this subsection.’.CommentsClose CommentsPermalink
SEC. 704. COAL-TO-LIQUID FACILITIES LOAN PROGRAM.
(a) Definition of Eligible Recipient- In this section, the term ‘eligible recipient’ means an individual, organization, or other entity that owns, operates, or plans to construct a coal-to-liquid facility that will produce at least 10,000 barrels per day of coal-to-liquid fuel.CommentsClose CommentsPermalink
(b) Establishment- The Secretary shall establish a program under which the Secretary shall provide loans, in a total amount not to exceed $20,000,000, for use by eligible recipients to pay the Federal share of the cost of obtaining any services necessary for the planning, permitting, and construction of a coal-to-liquid facility.CommentsClose CommentsPermalink
(c) Application- To be eligible to receive a loan under subsection (b), the eligible recipient shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.CommentsClose CommentsPermalink
(d) Non-Federal Match- To be eligible to receive a loan under this section, an eligible recipient shall use non-Federal funds to provide a dollar-for-dollar match of the amount of the loan.CommentsClose CommentsPermalink
(e) Repayment of Loan-CommentsClose CommentsPermalink
(1) IN GENERAL- To be eligible to receive a loan under this section, an eligible recipient shall agree to repay the original amount of the loan to the Secretary not later than 5 years after the date of the receipt of the loan.CommentsClose CommentsPermalink
(2) SOURCE OF FUNDS- Repayment of a loan under paragraph (1) may be made from any financing or assistance received for the construction of a coal-to-liquid facility described in subsection (a), including a loan guarantee provided under section 1703(b)(11) of the Energy Policy Act of 2005 (
(f) Requirements-CommentsClose CommentsPermalink
(1) GUIDELINES- Not later than 180 days after the date of enactment of this Act, the Secretary shall publish guidelines for the coal-to-liquids loan application process.CommentsClose CommentsPermalink
(2) APPLICATIONS- Not later than 1 year after the date of enactment of this Act, the Secretary shall begin to accept applications for coal-to-liquid loans under this section.CommentsClose CommentsPermalink
(g) Reports to Congress- Not later than each of 180 days and 1 year after the date of enactment of this Act, the Secretary 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 report describing the status of the program under this section.CommentsClose CommentsPermalink
(h) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $200,000,000, to remain available until expended.CommentsClose CommentsPermalink
SEC. 705. 7-YEAR DEPRECIATION FOR CLEAN COAL TECHNOLOGY OR FOR CARBON SEQUESTRATION TECHNOLOGY INSTALLED OR RETRO-FIT AT POWER-PLANTS.
(a) In General- Subparagraph (C) of section 168(e)(3) of the Internal Revenue Code of 1986 is amended by striking ‘and’ at the end of clause (iv), by striking the period at the end of clause (v) and inserting ‘, and’, and by inserting after clause (v) the following new clause:CommentsClose CommentsPermalink
‘(v) any property installed with respect to any coal fired power plant generating power that retrofits the operation of such plant to decrease its carbon output by at least 10 percent per year.’.CommentsClose CommentsPermalink
(b) Effective Date- The amendment made by subsection (a) shall apply to property placed in service after December 31, 2009.CommentsClose CommentsPermalink
SEC. 706. EXTENSION OF 50 CENT PER GALLON ALTERNATIVE FUELS EXCISE TAX CREDIT.
Paragraph (5) of section 6426(d) of the Internal Revenue Code of 1986 is amended--CommentsClose CommentsPermalink
(1) by striking ‘2009’ and inserting ‘2019’, andCommentsClose CommentsPermalink
(2) by striking ‘2014’ and inserting ‘2024’.CommentsClose CommentsPermalink
SEC. 707. PROVIDES A 20 PERCENT INVESTMENT TAX CREDIT CAPPED AT $200 MILLION TOTAL PER CTL PLANT PLACED IN SERVICE BEFORE 2016.
The Internal Revenue Service shall treat the synthetic gas produced from coal-to-liquids with the same tax treatment as covered by the industrial gasification tax credit.CommentsClose CommentsPermalink
SEC. 708. REDUCES RECOVERY PERIOD FOR CERTAIN ENERGY PRODUCTION AND DISTRIBUTION FACILITIES.
In the case of an individual or business, there shall be allowed as a credit against the taxes imposed by subtitle A of the Internal Revenue Code of 1986 an amount equal to 30 percent of the expenditures made by such individual or business for energy production and distribution facilities.CommentsClose CommentsPermalink
SEC. 709. DOE CLEAN COAL TECHNOLOGY LOAN GUARANTEES AND DIRECT LOANS.
The Secretary of Energy may provide clean coal technology loan guarantees and direct loans for the research, development, demonstration, and deployment of clean coal technology, to build up to five commercial-scale coal-fired plants with carbon capture and sequestration capabilities. For each such loan guarantee or loan, at least 50 percent of the total cost of the project shall be provided by the private sector.CommentsClose CommentsPermalink
SEC. 710. CARBON DIOXIDE STORAGE CAPACITY ASSESSMENT.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) ASSESSMENT- The term ‘assessment’ means the national assessment of capacity for carbon dioxide completed under subsection (f).CommentsClose CommentsPermalink
(2) CAPACITY- The term ‘capacity’ means the portion of a storage formation that can retain carbon dioxide in accordance with the requirements (including physical, geological, and economic requirements) established under the methodology developed under subsection (b).CommentsClose CommentsPermalink
(3) ENGINEERED HAZARD- The term ‘engineered hazard’ includes the location and completion history of any well that could affect potential storage.CommentsClose CommentsPermalink
(4) RISK- The term ‘risk’ includes any risk posed by geomechanical, geochemical, hydrogeological, structural, and engineered hazards.CommentsClose CommentsPermalink
(5) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior, acting through the Director of the United States Geological Survey.CommentsClose CommentsPermalink
(6) STORAGE FORMATION- The term ‘storage formation’ means a deep saline formation, unmineable coal seam, or oil or gas reservoir that is capable of accommodating a volume of industrial carbon dioxide.CommentsClose CommentsPermalink
(b) Methodology- Not later than 1 year after the date of enactment of this Act, the Secretary shall develop a methodology for conducting an assessment under subsection (f), taking into consideration--CommentsClose CommentsPermalink
(1) the geographical extent of all potential storage formations in all States;CommentsClose CommentsPermalink
(2) the capacity of the potential storage formations;CommentsClose CommentsPermalink
(3) the injectivity of the potential storage formations;CommentsClose CommentsPermalink
(4) an estimate of potential volumes of oil and gas recoverable by injection and storage of industrial carbon dioxide in potential storage formations;CommentsClose CommentsPermalink
(5) the risk associated with the potential storage formations; andCommentsClose CommentsPermalink
(6) the Carbon Sequestration Atlas of the United States and Canada that was completed by the Department of Energy in April 2006.CommentsClose CommentsPermalink
(c) Coordination-CommentsClose CommentsPermalink
(1) FEDERAL COORDINATION-CommentsClose CommentsPermalink
(A) CONSULTATION- The Secretary shall consult with the Secretary of Energy and the Administrator of the Environmental Protection Agency on issues of data sharing, format, development of the methodology, and content of the assessment required under this title to ensure the maximum usefulness and success of the assessment.CommentsClose CommentsPermalink
(B) COOPERATION- The Secretary of Energy and the Administrator shall cooperate with the Secretary to ensure, to the maximum extent practicable, the usefulness and success of the assessment.CommentsClose CommentsPermalink
(2) STATE COORDINATION- The Secretary shall consult with State geological surveys and other relevant entities to ensure, to the maximum extent practicable, the usefulness and success of the assessment.CommentsClose CommentsPermalink
(d) External Review and Publication- On completion of the methodology under subsection (b), the Secretary shall--CommentsClose CommentsPermalink
(1) publish the methodology and solicit comments from the public and the heads of affected Federal and State agencies;CommentsClose CommentsPermalink
(2) establish a panel of individuals with expertise in the matters described in paragraphs (1) through (5) of subsection (b) composed, as appropriate, of representatives of Federal agencies, institutions of higher education, nongovernmental organizations, State organizations, industry, and international geoscience organizations to review the methodology and comments received under paragraph (1); andCommentsClose CommentsPermalink
(3) on completion of the review under paragraph (2), publish in the Federal Register the revised final methodology.CommentsClose CommentsPermalink
(e) Periodic Updates- The methodology developed under this section shall be updated periodically (including at least once every 5 years) to incorporate new data as the data becomes available.CommentsClose CommentsPermalink
(f) National Assessment-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 2 years after the date of publication of the methodology under subsection (d)(1), the Secretary, in consultation with the Secretary of Energy and State geological surveys, shall complete a national assessment of capacity for carbon dioxide in accordance with the methodology.CommentsClose CommentsPermalink
(2) GEOLOGICAL VERIFICATION- As part of the assessment under this subsection, the Secretary shall carry out a drilling program to supplement the geological data relevant to determining storage capacity of carbon dioxide in geological storage formations, including--CommentsClose CommentsPermalink
(A) well log data;CommentsClose CommentsPermalink
(B) core data; andCommentsClose CommentsPermalink
(C) fluid sample data.CommentsClose CommentsPermalink
(3) PARTNERSHIP WITH OTHER DRILLING PROGRAMS- As part of the drilling program under paragraph (2), the Secretary shall enter, as appropriate, into partnerships with other entities to collect and integrate data from other drilling programs relevant to the storage of carbon dioxide in geologic formations.CommentsClose CommentsPermalink
(4) INCORPORATION INTO NATCARB-CommentsClose CommentsPermalink
(A) IN GENERAL- On completion of the assessment, the Secretary of Energy shall incorporate the results of the assessment using the NatCarb database, to the maximum extent practicable.CommentsClose CommentsPermalink
(B) RANKING- The database shall include the data necessary to rank potential storage sites for capacity and risk, across the United States, within each State, by formation, and within each basin.CommentsClose CommentsPermalink
(5) REPORT- Not later than 180 days after the date on which the assessment is completed, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Science and Technology of the House of Representatives a report describing the findings under the assessment.CommentsClose CommentsPermalink
(6) PERIODIC UPDATES- The national assessment developed under this section shall be updated periodically (including at least once every 5 years) to support public and private sector decisionmaking.CommentsClose CommentsPermalink
(g) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $30,000,000 for the period of fiscal years 2009 through 2013.CommentsClose CommentsPermalink
SEC. 711. EFFICIENCY AUDIT AND QUANTIFICATION.
(a) In General- Not later than 1 year after the date of enactment of this Act, the Secretary of Energy (referred to in this section as the ‘Secretary’) shall conduct an efficiency audit, and quantify the operating efficiencies, of all coal-fired electric generation facilities in the United States.CommentsClose CommentsPermalink
(b) Report- Not later than 180 days after the date of completion of the audit and quantification under subsection (a), the Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall submit to the Committees on Energy and Natural Resources and Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives, a report that--CommentsClose CommentsPermalink
(1) identifies all commercially available technologies, processes, and other approaches to increasing the efficiency of the coal-fired electric generation facilities audited;CommentsClose CommentsPermalink
(2) includes a methodology for determining which technologies and processes, in the absence of the obstacles identified under paragraph (3), would be sufficiently cost effective to recoup all costs of the technologies and processes in not more than 5 years after the date of installation or implementation, respectively, of the technologies or processes;CommentsClose CommentsPermalink
(3) identifies the technical, economic, regulatory, environmental, and other obstacles to coal-fired electric generation facilities undertaking the installation of the technologies or incorporation of the processes described in paragraph (2);CommentsClose CommentsPermalink
(4) includes recommendations as to legislative, administrative, and other actions that could reduce or eliminate the obstacles identified under paragraph (3); andCommentsClose CommentsPermalink
(5) includes calculations of--CommentsClose CommentsPermalink
(A) the additional power to be expected from the installation or implementation of those technologies and processes that are considered to be economic under the methodology described in paragraph (2); andCommentsClose CommentsPermalink
(B) the greenhouse gas emissions that are or could be avoided through installation or implementation of those technologies and processes.CommentsClose CommentsPermalink
(c) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section.CommentsClose CommentsPermalink
TITLE VIII--TAX INCENTIVESCommentsClose CommentsPermalink
TITLE VIII--TAX INCENTIVESCommentsClose CommentsPermalink
SEC. 801. EXTENSION OF CREDIT FOR ENERGY EFFICIENT APPLIANCES.
(a) In General- Subsection (b) of section 45M of the Internal Revenue Code of 1986 (relating to applicable amount) is amended--CommentsClose CommentsPermalink
(1) in paragraphs (1)(A), (2)(B), and (3)(B), by striking ‘in calendar year 2008 or 2009’ each place it appears and inserting ‘after calendar year 2007’,CommentsClose CommentsPermalink
(2) in paragraphs (1)(B), (2)(C), (2)(D), (3)(C), and (3)(D), by striking ‘in calendar year 2008, 2009, or 2010’ and inserting ‘after calendar year 2007’.CommentsClose CommentsPermalink
(b) Effective Date- The amendments made by this section shall apply to appliances produced after December 31, 2009.CommentsClose CommentsPermalink
SEC. 802. EXTENSION OF CREDIT FOR NONBUSINESS ENERGY PROPERTY.
Section 25C of the Internal Revenue Code of 1986 is amended by striking subsection (g).CommentsClose CommentsPermalink
SEC. 803. EXTENSION OF CREDIT FOR RESIDENTIAL ENERGY EFFICIENT PROPERTY.
Section 25D of the Internal Revenue Code of 1986 is amended by striking subsection (g).CommentsClose CommentsPermalink
SEC. 804. EXTENSION OF NEW ENERGY EFFICIENT HOME CREDIT.
Section 45L of the Internal Revenue Code of 1986 is amended by striking subsection (g).CommentsClose CommentsPermalink
SEC. 805. EXTENSION OF ENERGY EFFICIENT COMMERCIAL BUILDINGS DEDUCTION.
Section 179D of the Internal Revenue Code of 1986 is amended by striking subsection (h).CommentsClose CommentsPermalink
SEC. 806. EXTENSION OF SPECIAL RULE TO IMPLEMENT FERC AND STATE ELECTRIC RESTRUCTURING POLICY.
Paragraph (3) of section 451(i) of the Internal Revenue Code of 1986 is amended by striking ‘before January 1, 2008 (before January 1, 2010, in the case of a qualified electric utility),’.CommentsClose CommentsPermalink
SEC. 807. HOME ENERGY AUDITS.
(a) In General- Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25D the following new section:CommentsClose CommentsPermalink
‘SEC. 25E. HOME ENERGY AUDITS.
‘(a) In General- In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 50 percent of the amount of qualified energy audit paid or incurred by the taxpayer during the taxable year.CommentsClose CommentsPermalink
‘(b) Limitations-CommentsClose CommentsPermalink
‘(1) DOLLAR LIMITATION- The amount allowed as a credit under subsection (a) with respect to a residence of the taxpayer for a taxable year shall not exceed $400.CommentsClose CommentsPermalink
‘(2) LIMITATION BASED ON AMOUNT OF TAX- In the case of any taxable year to which section 26(a)(2) does not apply, the credit allowed under subsection (a) shall not exceed the excess of--CommentsClose CommentsPermalink
‘(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, overCommentsClose CommentsPermalink
‘(B) the sum of the credits allowable under this subpart (other than this section) and section 27 for the taxable year.CommentsClose CommentsPermalink
‘(c) Qualified Energy Audit- For purposes of this section, the term ‘qualified energy audit’ means an energy audit of the principal residence of the taxpayer performed by a qualified energy auditor through a comprehensive site visit. Such audit may include a blower door test, an infra-red camera test, and a furnace combustion efficiency test. In addition, such audit shall include such substitute tests for the tests specified in the preceding sentence, and such additional tests, as the Secretary may by regulation require. A principal residence shall not be taken into consideration under this subparagraph unless such residence is located in the United States.CommentsClose CommentsPermalink
‘(d) Principal Residence- For purposes of this section, the term ‘principal residence’ has the same meaning as when used in section 121.CommentsClose CommentsPermalink
‘(e) Qualified Energy Auditor-CommentsClose CommentsPermalink
‘(1) IN GENERAL- The Secretary shall specify by regulations the qualifications required to be a qualified energy auditor for purposes of this section. Such regulations shall include rules prohibiting conflicts-of-interest, including the disallowance of commissions or other payments based on goods or non-audit services purchased by the taxpayer from the auditor.CommentsClose CommentsPermalink
‘(2) CERTIFICATION- The Secretary shall prescribe the procedures and methods for certifying that an auditor is a qualified energy auditor. To the maximum extent practicable, such procedures and methods shall provide for a variety of sources to obtain certifications.’.CommentsClose CommentsPermalink
(b) Conforming Amendments-CommentsClose CommentsPermalink
(1) Section 23(b)(4)(B) of the Internal Revenue Code of 1986 is amended by inserting ‘and section 25E’ after ‘this section’.CommentsClose CommentsPermalink
(2) Section 23(c)(1) of such Code is amended by inserting ‘, 25E,’ after ‘25D’.CommentsClose CommentsPermalink
(3) Section 24(b)(3)(B) of such Code is amended by striking ‘and 25B’ and inserting ‘, 25B, and 25E’.CommentsClose CommentsPermalink
(4) Clauses (i) and (ii) of section 25(e)(1)(C) of such Code are each amended by inserting ‘25E,’ after ‘25D,’.CommentsClose CommentsPermalink
(5) Section 25B(g)(2) of such Code is amended by striking ‘section 23’ and inserting ‘sections 23 and 25E’.CommentsClose CommentsPermalink
(6) Section 25D(c)(1) of such Code is amended by inserting ‘and section 25E’ after ‘this section’.CommentsClose CommentsPermalink
(7) Section 25D(c)(2) of such Code is amended by striking ‘and 25B’ and inserting ‘25B, and 25E’.CommentsClose CommentsPermalink
(8) The table of sections for subpart A of part IV of subchapter A chapter 1 of such Code is amended by inserting after the item relating to section 25D the following new item:CommentsClose CommentsPermalink
‘Sec. 25E. Home energy audits.’.CommentsClose CommentsPermalink
(c) Effective Date- The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 808. EXTENSION OF RENEWABLE ELECTRICITY, REFINED COAL, AND INDIAN COAL PRODUCTION CREDIT.
(a) Credit Made Permanent-CommentsClose CommentsPermalink
(1) IN GENERAL- Subsection (d) of section 45 of the Internal Revenue Code of 1986 (relating to qualified facilities) is amended--CommentsClose CommentsPermalink
(A) by striking ‘and before January 1, 2014’ each place it occurs,CommentsClose CommentsPermalink
(B) by striking ‘, and before January 1, 2014’ in paragraphs (1) and (2)(A)(i), andCommentsClose CommentsPermalink
(C) by striking ‘before January 1, 2009’ in paragraph (10).CommentsClose CommentsPermalink
(2) OPEN-LOOP BIOMASS FACILITIES- Subparagraph (A) of section 45(d)(3) of such Code is amended to read as follows:CommentsClose CommentsPermalink
‘(A) IN GENERAL- In the case of a facility using open-loop biomass to produce electricity, the term ‘qualified facility’ means any facility owned by the taxpayer which is originally placed in service after October 22, 2004.’.CommentsClose CommentsPermalink
(3) EFFECTIVE DATE- The amendments made by this subsection shall apply to electricity produced and sold after December 31, 2008, in taxable years ending after such date.CommentsClose CommentsPermalink
(b) Allowance Against Alternative Minimum Tax-CommentsClose CommentsPermalink
(1) IN GENERAL- Clause (iii) of section 38(c)(4)(B) of such Code (relating to specified credits) is amended by striking ‘produced--’ and all that follows and inserting ‘produced at a facility which is originally placed in service after the date of the enactment of this paragraph.’.CommentsClose CommentsPermalink
(2) EFFECTIVE DATE- The amendment made by paragraph (1) shall apply to taxable years beginning after the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 809. EXTENSION OF ENERGY CREDIT.
(a) Solar Energy Property- Paragraphs (2)(A)(i)(II) and (3)(A)(ii) of section 48(a) of the Internal Revenue Code of 1986 (relating to energy credit) are each amended by striking ‘but only with respect to periods ending before January 1, 2017’.CommentsClose CommentsPermalink
(b) Fuel Cell Property- Section 48(c)(1) of such Code (relating to qualified fuel cell property) is amended by striking subparagraph (D).CommentsClose CommentsPermalink
(c) Microturbine Property- Section 48(c)(2) of such Code (relating to qualified microturbine property) is amended by striking subparagraph (D).CommentsClose CommentsPermalink
(d) Combined Heat and Power System Property- Section 48(c)(3) of such Code (relating to combined heat and power system property) is amended by inserting ‘and’ at the end of clause (ii), by striking ‘, and’ at the end of clause (iii) and inserting a period, and by striking clause (iv).CommentsClose CommentsPermalink
SEC. 810. CREDIT FOR CLEAN RENEWABLE ENERGY BONDS MADE PERMANENT.
Section 54 of the Internal Revenue Code of 1986 (relating to termination) is amended by striking subsection (m).CommentsClose CommentsPermalink
SEC. 811. EXTENSION OF CREDITS FOR BIODIESEL AND RENEWABLE DIESEL.
(a) In General- Section 40A of the Internal Revenue Code of 1986 is amended by striking subsection (g).CommentsClose CommentsPermalink
(b) Biodiesel Mixture Credit-CommentsClose CommentsPermalink
(1) Section 6426(c) of the Internal Revenue Code of 1986 is amended by striking paragraph (6).CommentsClose CommentsPermalink
(2) Section 6427(e)(5) of the Internal Revenue Code of 1986 is amended by striking subparagraph (B) and redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively.CommentsClose CommentsPermalink
SEC. 812. ALTERNATIVE FUEL VEHICLE REFUELING PROPERTY CREDIT MADE PERMANENT.
Section 30C of the Internal Revenue Code of 1986 is amended by striking subsection (g).CommentsClose CommentsPermalink
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