U.S. Congress - Text of H.R.909 as Introduced in House A Roadmap for America's Energy Future
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Donate NowH.R.909 - A Roadmap for America's Energy Future
To expand domestic fossil fuel production, develop more nuclear power, and expand renewable electricity, and for other purposes.
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HR 909 IHCommentsClose CommentsPermalink
112th CONGRESSCommentsClose CommentsPermalink
1st SessionCommentsClose CommentsPermalink
H. R. 909CommentsClose CommentsPermalink
To expand domestic fossil fuel production, develop more nuclear power, and expand renewable electricity, and for other purposes.CommentsClose CommentsPermalink
IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink
March 3, 2011CommentsClose CommentsPermalink
March 3, 2011CommentsClose CommentsPermalink
Mr. NUNES (for himself, Mr. SHIMKUS, Mr. RYAN of Wisconsin, Mr. SIMPSON, Mr. BISHOP of Utah, Mr. MCKEON, Mr. DREIER, Mr. LUCAS, Mrs. MCMORRIS RODGERS, Mr. ROGERS of Michigan, Mr. ROSKAM, Mr. BACHUS, Mr. BENISHEK, Mr. BRADY of Texas, Mr. BROUN of Georgia, Mr. BURGESS, Mr. BURTON of Indiana, Mr. CALVERT, Mr. CANSECO, Mr. COFFMAN of Colorado, Mr. COLE, Mr. CRAVAACK, Mr. CULBERSON, Mr. DUNCAN of Tennessee, Mrs. EMERSON, Mr. FINCHER, Mr. FRANKS of Arizona, Mr. GINGREY of Georgia, Mr. GRIMM, Mr. HARPER, Mr. HERGER, Mr. HUIZENGA of Michigan, Ms. JENKINS, Mr. KING of Iowa, Mr. LATOURETTE, Mrs. LUMMIS, Mr. MARCHANT, Mr. MCCOTTER, Mr. MCHENRY, Mrs. MILLER of Michigan, Mr. PEARCE, Mr. POE of Texas, Mr. REHBERG, Mr. SCHOCK, Mr. SESSIONS, Mr. SHUSTER, Mr. SULLIVAN, Mr. TERRY, Mr. THOMPSON of Pennsylvania, Mr. TIBERI, Mr. TIPTON, Mr. WALBERG, Mr. WESTMORELAND, Mr. WOMACK, Mr. YODER, and Mr. YOUNG of Alaska) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committees on Oversight and Government Reform, Ways and Means, Energy and Commerce, and Armed Services, 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 expand domestic fossil fuel production, develop more nuclear power, and expand renewable electricity, and for other purposes.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; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as ‘A Roadmap for America’s Energy Future’.CommentsClose CommentsPermalink
(b) Table of Contents-CommentsClose CommentsPermalink
Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink
TITLE I--AMERICAN ENERGY
Sec. 100. Findings.CommentsClose CommentsPermalink
Subtitle A--Outer Continental Shelf
Sec. 101. Leasing program considered approved.CommentsClose CommentsPermalink
Sec. 102. Outer Continental Shelf lease sales.CommentsClose CommentsPermalink
Sec. 103. Definitions under the Outer Continental Shelf Lands Act.CommentsClose CommentsPermalink
Sec. 104. Determination of Adjacent Zones and OCS Planning Areas.CommentsClose CommentsPermalink
Sec. 105. Outer Continental Shelf leasing program.CommentsClose CommentsPermalink
Sec. 106. Coordination with Adjacent States.CommentsClose CommentsPermalink
Sec. 107. Environmental studies.CommentsClose CommentsPermalink
Sec. 108. Outer Continental Shelf incompatible use.CommentsClose CommentsPermalink
Sec. 109. Repurchase of certain leases.CommentsClose CommentsPermalink
Sec. 110. Offsite environmental mitigation.CommentsClose CommentsPermalink
Subtitle B--Arctic National Wildlife Refuge
Sec. 121. Definitions.CommentsClose CommentsPermalink
Sec. 122. Leasing program for lands within the Coastal Plain.CommentsClose CommentsPermalink
Sec. 123. Lease sales.CommentsClose CommentsPermalink
Sec. 124. Grant of leases by the Secretary.CommentsClose CommentsPermalink
Sec. 125. Lease terms and conditions.CommentsClose CommentsPermalink
Sec. 126. Coastal Plain environmental protection.CommentsClose CommentsPermalink
Sec. 127. Expedited judicial review.CommentsClose CommentsPermalink
Sec. 128. Federal and State distribution of revenues.CommentsClose CommentsPermalink
Sec. 129. Rights-of-way across the Coastal Plain.CommentsClose CommentsPermalink
Sec. 130. Conveyance.CommentsClose CommentsPermalink
Sec. 131. Local government impact aid and community service assistance.CommentsClose CommentsPermalink
Subtitle C--Oil Shale
Sec. 141. Oil shale.CommentsClose CommentsPermalink
Subtitle D--Coal-to-Liquid
Sec. 151. Development and operation of facilities.CommentsClose CommentsPermalink
Sec. 152. Definitions relating to coal-to-liquid fuel and facilities.CommentsClose CommentsPermalink
Sec. 153. Repeal.CommentsClose CommentsPermalink
Subtitle E--Nuclear
Sec. 161. Findings and policy.CommentsClose CommentsPermalink
Sec. 162. 200 operating permits by 2040.CommentsClose CommentsPermalink
Sec. 163. Repeal of Office of Civilian Radioactive Waste Management.CommentsClose CommentsPermalink
Sec. 164. Radiological material repository.CommentsClose CommentsPermalink
Sec. 165. Independent radiological material management.CommentsClose CommentsPermalink
Sec. 166. Spent nuclear fuel recycling.CommentsClose CommentsPermalink
Sec. 167. Nuclear fuel supply reserve.CommentsClose CommentsPermalink
Sec. 168. Public health and safety.CommentsClose CommentsPermalink
Sec. 169. Streamlining Combined Construction and Operating License.CommentsClose CommentsPermalink
Sec. 170. Reactor design certification.CommentsClose CommentsPermalink
Sec. 171. Technology-neutral plant design specifications.CommentsClose CommentsPermalink
Sec. 172. Additional funding and personnel resources.CommentsClose CommentsPermalink
Sec. 173. National Nuclear Energy Council.CommentsClose CommentsPermalink
Sec. 174. Next Generation Nuclear Plant.CommentsClose CommentsPermalink
Sec. 175. Uranium mining on Federal lands.CommentsClose CommentsPermalink
Sec. 176. Small and modular reactor licensing.CommentsClose CommentsPermalink
Sec. 177. Limitation on regulatory time frame.CommentsClose CommentsPermalink
Sec. 178. Definition.CommentsClose CommentsPermalink
TITLE II--AMERICAN-MADE ENERGY TRUST FUND
Sec. 201. Establishment of American-Made Energy Trust Fund.CommentsClose CommentsPermalink
TITLE III--REVERSE AUCTION MECHANISM FOR RENEWABLE ENERGY GENERATION AND FOR RENEWABLE FUEL PRODUCTION
Sec. 301. Reverse auction mechanism for renewable energy generation.CommentsClose CommentsPermalink
TITLE IV--PROHIBITION OF CONSIDERATION OF GREENHOUSE GAS
Sec. 401. Clean Air Act regulation.CommentsClose CommentsPermalink
Sec. 402. Endangered Species Act regulation.CommentsClose CommentsPermalink
TITLE I--AMERICAN ENERGYCommentsClose CommentsPermalink
TITLE I--AMERICAN ENERGYCommentsClose CommentsPermalink
SEC. 100. FINDINGS.
The Congress finds the following:CommentsClose CommentsPermalink
(1) The United States contains abundant oil and gas resources located within its lands.CommentsClose CommentsPermalink
(2) Development of domestic oil and gas resources can be accomplished in a safe and environmentally responsible manner.CommentsClose CommentsPermalink
(3) Increased development of domestic oil and gas resources could significantly boost economic growth, provide permanent well-paying jobs, and serve as a significant revenue source to the Federal Government.CommentsClose CommentsPermalink
(4) The United States Geological Survey estimates that the Arctic National Wildlife Refuge contains a mean expected value of 10.4 billion barrels of technically recoverable oil.CommentsClose CommentsPermalink
(5) The Minerals Management Service estimated there are 85 billion undiscovered, technically recoverable barrels of oil and 420 trillion cubic feet of natural gas in the outer Continental Shelf of the United States.CommentsClose CommentsPermalink
(6) The Minerals Management Service estimated that less than 0.001 percent of oil produced on the outer Continental Shelf of the United States since 1980 has been spilled.CommentsClose CommentsPermalink
(7) The National Academy of Sciences has estimated that less than 1 percent of petroleum in American waters is from drilling and extraction, and that 63 percent is from natural seepage.CommentsClose CommentsPermalink
Subtitle A--Outer Continental ShelfCommentsClose CommentsPermalink
Subtitle A--Outer Continental ShelfCommentsClose CommentsPermalink
SEC. 101. LEASING PROGRAM CONSIDERED APPROVED.
(a) In General- The Draft Proposed Outer Continental Shelf (OCS) Oil and Gas Leasing Program 2010-2015 released by the Secretary of the Interior (referred to in this section as the ‘Secretary’) in January 2009, under section 18 of the Outer Continental Shelf Lands Act (
(b) Final Environmental Impact Statement- The Secretary is considered to have issued a legally sufficient final environmental impact statement for the program described in subsection (a) in accordance with all requirements under section 102(2)(C) of the National Environmental Policy Act of 1969 (
SEC. 102. OUTER CONTINENTAL SHELF LEASE SALES.
(a) In General- Except as provided in subsection (b), not later than 30 days after the date of enactment of this Act and every 270 days thereafter, the Secretary of the Interior (referred to in this section as the ‘Secretary’) shall conduct a lease sale in each outer Continental Shelf area for which the Secretary determines that there is a commercial interest in purchasing Federal oil and gas leases for production on the outer Continental Shelf.CommentsClose CommentsPermalink
(b) Subsequent Determinations and Sales- If the Secretary determines that there is not a commercial interest in purchasing Federal oil and gas leases for production on the outer Continental Shelf in an area under subsection (a), not later than 2 years after the date of such determination, and every 2 years thereafter, the Secretary shall--CommentsClose CommentsPermalink
(1) reevaluate whether there is commercial interest in purchasing Federal oil and gas leases for production on the outer Continental Shelf in the area; andCommentsClose CommentsPermalink
(2) if the Secretary determines that there is a commercial interest described in paragraph (1), conduct a lease sale in the area.CommentsClose CommentsPermalink
(c) Proceeds of Lease Sales From Newly Open Areas- Notwithstanding section 9 of the Outer Continental Shelf Lands Act (
SEC. 103. DEFINITIONS UNDER THE OUTER CONTINENTAL SHELF LANDS ACT.
Section 2 of the Outer Continental Shelf Lands Act (
(1) in the matter preceding subsection (a), by striking ‘When used in this Act--’ and inserting ‘In this Act:’;CommentsClose CommentsPermalink
(2) in subsection (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
(3) by amending subsection (f) to read as follows:CommentsClose CommentsPermalink
‘(f) The term ‘affected State’ means the ‘Adjacent State’.’;CommentsClose CommentsPermalink
(4) by striking the semicolon at the end of each of subsections (a) through (o) and inserting a period;CommentsClose CommentsPermalink
(5) by striking ‘; and’ at the end of subsection (p) and inserting a period; andCommentsClose CommentsPermalink
(6) 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 to which such program, plan, lease sale, or leased tract appertains or on which such activity 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
SEC. 104. DETERMINATION OF ADJACENT ZONES AND OCS PLANNING AREAS.
Section 4(a)(2)(A) of the Outer Continental Shelf Lands Act (
SEC. 105. 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 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 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. 106. 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 at the end 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 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. 107. 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. 108. 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 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 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. 109. REPURCHASE OF CERTAIN LEASES.
(a) Authority To Repurchase and Cancel Certain Leases- The Secretary of the Interior may 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 such repurchase and cancellation.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. 110. OFFSITE ENVIRONMENTAL MITIGATION.
Notwithstanding any other provision of law, any person conducting activities under the Mineral Leasing Act (
Subtitle B--Arctic National Wildlife RefugeCommentsClose CommentsPermalink
Subtitle B--Arctic National Wildlife RefugeCommentsClose CommentsPermalink
SEC. 121. 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. 122. 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 (
(2) CONFORMING AMENDMENT- The table of contents in section 1 of such Act is amended in the item relating to section 1003 by striking ‘Prohibition on development’ and inserting ‘Repealed’.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 (
(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 not later than 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 or 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. The Secretary may only lease a Special Area, or any part thereof, for purposes of oil and gas exploration, development, production, or related activities, if there is 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, or production is that authority 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, the subsistence resources, and the environment of the Coastal Plain, by not 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. 123. 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 not later than 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, not later than 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. 124. 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 123 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. 125. LEASE TERMS AND CONDITIONS.
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) 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
(7) prohibit the export of oil produced under the lease; andCommentsClose CommentsPermalink
(8) 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
SEC. 126. 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 122, 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 possible significant adverse 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) if the analysis under paragraph (1) results in a finding that a significant adverse effect prohibited by subsection (a)(1) is likely to occur as a result of the proposed drilling or related activity, a plan be developed and implemented to avoid, minimize, and mitigate (in that order and to the extent practicable) the significant adverse effect in order to comply with such subsection; andCommentsClose CommentsPermalink
(3) the development of a plan under paragraph (2) shall occur after consultation with the agency or agencies having jurisdiction over matters covered 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 in accordance with 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. 127. 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 60-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 60 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 District Court 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. 128. 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) except as provided in section 131(d), the balance shall be transferred to the American-Made Energy Trust Fund established in section 9512 of the Internal Revenue Code of 1986 (as added by title II).CommentsClose CommentsPermalink
(b) Payments to Alaska- Payments to the State of Alaska under this section shall be made semiannually.CommentsClose CommentsPermalink
SEC. 129. 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 122(g) provisions regarding the granting of rights-of-way and easements described in subsection (a) of this section.CommentsClose CommentsPermalink
SEC. 130. CONVEYANCE.
In order to maximize Federal revenues by removing clouds 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. 131. 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 firefighting, 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 adjusted bonus, rental, and royalty revenues from Federal oil and gas leasing and operations 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
Subtitle C--Oil ShaleCommentsClose CommentsPermalink
Subtitle C--Oil ShaleCommentsClose CommentsPermalink
SEC. 141. OIL SHALE.
(a) Findings- The Congress finds the following:CommentsClose CommentsPermalink
(1) The Office of Naval Petroleum and Oil Shale Reserves at the Department of Energy has estimated that oil shale resources located on Federal lands hold 2 trillion undiscovered technically recoverable barrels of oil.CommentsClose CommentsPermalink
(2) Oil shale is a strategically important domestic resource that should be developed to reduce the growing dependence of the United States on politically and economically unstable sources of foreign oil imports.CommentsClose CommentsPermalink
(3) The development of oil shale for research and commercial development should be conducted in an environmentally sound manner, using practices that minimize impacts.CommentsClose CommentsPermalink
(4) Development of such strategic unconventional fuel should occur, with an emphasis on sustainability, to benefit the United States while taking into account affected States and communities.CommentsClose CommentsPermalink
(5) Oil shale is one of the best resources available for advancing American technology and creating American jobs.CommentsClose CommentsPermalink
(6) Oil shale will be a critically important component of the Nation’s transportation fuel sector in particular, by providing a secure domestic source of aviation fuel for both commercial and military uses.CommentsClose CommentsPermalink
(b) Additional Research and Development Lease Sales- The Secretary of the Interior shall hold a lease sale not later than 180 days after the date of enactment of this Act offering an additional 10 parcels for lease for research, development, and demonstration of oil shale resources, under the terms offered in the solicitation of bids for such leases published on January 15, 2009 (74 Fed. Reg. 2611).CommentsClose CommentsPermalink
(c) Application of Regulations- The oil shale management final rules published by the Department of the Interior on November 18, 2008 (73 Fed. Reg. 69414), shall apply to all commercial leasing for the management of federally owned oil shale, and any associated minerals, located on Federal lands.CommentsClose CommentsPermalink
(d) Reduced Payments To Ensure Production- The Secretary of the Interior may temporarily reduce royalties, fees, rentals, bonus bids, or other payments for leases of Federal lands for the development and production of oil shale resources as necessary to give incentives for and encourage development of such resources, if the Secretary determines that the royalties, fees, rentals, bonus bids, and other payments otherwise authorized by law are hindering production of such resources.CommentsClose CommentsPermalink
Subtitle D--Coal-to-LiquidCommentsClose CommentsPermalink
Subtitle D--Coal-to-LiquidCommentsClose CommentsPermalink
SEC. 151. DEVELOPMENT AND OPERATION OF FACILITIES.
(a) Authority- The Secretary of Defense shall develop, construct, and operate a qualified coal-to-liquid facility, subject to the availability of appropriations provided in advance specifically for that purpose.CommentsClose CommentsPermalink
(b) Considerations- In carrying out subsection (a), the Secretary shall consider land availability, testing opportunities, and proximity to raw materials.CommentsClose CommentsPermalink
SEC. 152. DEFINITIONS RELATING TO COAL-TO-LIQUID FUEL AND FACILITIES.
For purposes of this subtitle:CommentsClose CommentsPermalink
(1) COAL-TO-LIQUID FUEL- The term ‘coal-to-liquid fuel’ means any transportation-grade liquid fuel derived primarily from coal (including peat).CommentsClose CommentsPermalink
(2) QUALIFIED COAL-TO-LIQUID FACILITY- The term ‘qualified coal-to-liquid facility’ means a manufacturing facility that has the capacity to produce at least 10,000 barrels per day of coal-to-liquid fuel from a feedstock that is primarily domestic coal (including peat and any property which allows for the capture, transportation, or sequestration of byproducts resulting from such process, including carbon emissions).CommentsClose CommentsPermalink
SEC. 153. REPEAL.
Section 526 of the Energy Independence and Security Act of 2007 (
Subtitle E--NuclearCommentsClose CommentsPermalink
Subtitle E--NuclearCommentsClose CommentsPermalink
SEC. 161. FINDINGS AND POLICY.
(a) Findings- The Congress finds that--CommentsClose CommentsPermalink
(1) there are 104 nuclear reactors currently operating in the United States, providing 20 percent of the electricity of the United States, slightly less than the electricity generated by natural gas;CommentsClose CommentsPermalink
(2) nuclear energy is the largest provider of clean, low-carbon electricity, almost 8 times larger than all renewable power production combined, excluding hydroelectric power;CommentsClose CommentsPermalink
(3) nuclear power is responsible for 72 percent of emission-free electricity production in the United States and is an essential tool for greenhouse gas reduction;CommentsClose CommentsPermalink
(4) nuclear power plants virtually eliminate emissions of greenhouse gases and criteria pollutants associated with acid rain, smog, or ozone;CommentsClose CommentsPermalink
(5) nuclear energy supplies consistent, baseload electricity, independent of environmental conditions;CommentsClose CommentsPermalink
(6) nuclear power is a safe, reliable, efficient, and affordable source of energy;CommentsClose CommentsPermalink
(7) between 1960 and 1980, the Nuclear Regulatory Commission issued 169 permits to construct nuclear power facilities;CommentsClose CommentsPermalink
(8) even if every nuclear power plant is granted a 20-year extension, all currently operating nuclear power plants will be retired by 2055;CommentsClose CommentsPermalink
(9) long lead times for nuclear power plant licensing, permitting, and construction indicate that action to stimulate the nuclear power industry should not be delayed;CommentsClose CommentsPermalink
(10) there are 17 combined operating license applications currently pending before the Nuclear Regulatory Commission for 26 new reactors in the United States, with 4 applications inactive due to regulatory uncertainty;CommentsClose CommentsPermalink
(11) those proposed reactors will use the latest in nuclear technology for efficiency and safety, more advanced than the technology of the 1960s and 1970s found in the reactors currently operating in the United States;CommentsClose CommentsPermalink
(12) increasing nuclear power threefold will create 480,000 construction jobs, 140,000 permanent jobs, and $20,000,000,000 in local, State, and Federal tax revenue each year;CommentsClose CommentsPermalink
(13) increasing nuclear power threefold will reduce electricity-based carbon dioxide emissions by 1,400,000,000 metric tons annually and will reduce carbon emissions by 65 percent from current emissions levels by 2050;CommentsClose CommentsPermalink
(14) increasing nuclear power threefold will produce 320 gigawatts of electricity to power 237,000,000 households and constitute 52 percent of the United States electricity portfolio by 2030;CommentsClose CommentsPermalink
(15) the Nuclear Waste Policy Act of 1982 requires the Federal Government to take ownership of high-level radioactive waste and spent nuclear fuel and build a permanent geologic repository in which to store this waste;CommentsClose CommentsPermalink
(16) the Nuclear Waste Policy Act of 1982, as amended in 1987, selected the Yucca Mountain site to be the sole geologic repository in which to store high-level radioactive waste and spent nuclear fuel;CommentsClose CommentsPermalink
(17) the Congress reaffirmed Yucca Mountain as the sole candidate site for a geologic repository in 2001;CommentsClose CommentsPermalink
(18) despite the foregoing laws, the Government has failed to accept high-level radioactive waste and spent nuclear fuel from utilities and has delayed construction of the Yucca Mountain repository;CommentsClose CommentsPermalink
(19) failure to accept high-level radioactive waste and spent nuclear fuel has led to more than 74 lawsuits filed by utilities against the Government, $1 billion in settlements being paid, and an estimated $16.2 billion in potential liabilities to settle remaining lawsuits;CommentsClose CommentsPermalink
(20) each year the Government refuses to accept high-level radioactive waste and spent nuclear fuel adds an estimated $500,000,000 in additional liabilities associated with future lawsuits;CommentsClose CommentsPermalink
(21) the failure of the Federal Government to accept high-level radioactive waste and spent nuclear fuel from utilities is a significant barrier to the future development of additional nuclear power;CommentsClose CommentsPermalink
(22) the United States has 58,000 tons of radiological material stored at more than 100 sites in 39 States;CommentsClose CommentsPermalink
(23) the 104 commercial nuclear reactors operating in the United States produce approximately 2,000 tons of spent nuclear fuel every year;CommentsClose CommentsPermalink
(24) the Yucca Mountain repository’s capacity is statutorily limited to 70,000 tons of waste but can safely hold 120,000 tons;CommentsClose CommentsPermalink
(25) operators who have paid into the Nuclear Waste Fund have been denied access to permanent storage of radiological material as promised by the Federal Government;CommentsClose CommentsPermalink
(26) permanent geologic storage capacity is a finite resource on which the industry depends; andCommentsClose CommentsPermalink
(27) operators have the technical expertise to develop new and more efficient processes of disposing of new radiological material.CommentsClose CommentsPermalink
(b) Statement of Policy- It is the policy of the United States, given the importance of making a transition to a clean energy, low-carbon economy, to facilitate the continued development and growth of a safe and clean nuclear energy industry through reductions in financial, regulatory, and technical barriers to construction and operation.CommentsClose CommentsPermalink
SEC. 162. 200 OPERATING PERMITS BY 2040.
Subject to the requirements of this subtitle and in accordance with existing law, the Nuclear Regulatory Commission shall issue operating permits for 200 new commercial nuclear reactors, enough to triple current megawatt capacity, by 2040, if there are a sufficient number of qualified applicants.CommentsClose CommentsPermalink
SEC. 163. REPEAL OF OFFICE OF CIVILIAN RADIOACTIVE WASTE MANAGEMENT.
Section 304 of the Nuclear Waste Policy Act of 1982 (
SEC. 164. RADIOLOGICAL MATERIAL REPOSITORY.
(a) Repository Required- The Federal Government shall site and permit at least one radiological material geologic repository for the disposal of radiological material.CommentsClose CommentsPermalink
(b) Yucca Mountain-CommentsClose CommentsPermalink
(1) IN GENERAL- The repository site at Yucca Mountain shall remain the site for the Nation’s radiological material repository unless it is determined unsuitable, based on technical and scientific analysis, by the Nuclear Regulatory Commission following full statutory review of the Department of Energy’s license application to construct the Yucca Mountain repository.CommentsClose CommentsPermalink
(2) APPLICATION- The Nuclear Regulatory Commission shall continue to review the Department of Energy’s pending license application to construct the repository at Yucca Mountain until a determination is made on the merits of the application.CommentsClose CommentsPermalink
(3) DEADLINES-CommentsClose CommentsPermalink
(A) SUITABILITY DETERMINATION- Not later than 90 days after the enactment of this Act, the Nuclear Regulatory Commission shall make a determination regarding the suitability of Yucca Mountain under paragraph (1).CommentsClose CommentsPermalink
(B) ACTION ON APPLICATION- Not later than 180 days after the enactment of this Act, the Nuclear Regulatory Commission shall approve or deny the application under paragraph (2).CommentsClose CommentsPermalink
(4) LIMITATIONS ON AMOUNT OF RADIOLOGICAL MATERIAL- All statutory limitations on the amount of radiological material that can be placed in Yucca Mountain are hereby removed and shall be replaced by the Nuclear Regulatory Commission with new limits based on scientific and technical analysis of the full capacity of Yucca Mountain for the storage of radiological material.CommentsClose CommentsPermalink
(c) Alternative Repository-CommentsClose CommentsPermalink
(1) IN GENERAL- Should the Nuclear Regulatory Commission determine under subsection (b) that Yucca Mountain is not a suitable location to place a radiological material repository, the Secretary shall be responsible for, not later than 1 year after the date on which such determination is made, locating and submitting an application for an alternative geologic repository that provides at least 120,000 tons of storage capacity.CommentsClose CommentsPermalink
(2) ACTION ON APPLICATION- Not later than 2 years after the date on which an application is submitted under paragraph (1) or (3), the Nuclear Regulatory Commission shall approve or deny such application.CommentsClose CommentsPermalink
(3) FURTHER APPLICATION SUBMISSIONS- If an application is denied under paragraph (2), the Secretary shall submit a new application in accordance with paragraph (1) not later than 1 year after the date of such denial.CommentsClose CommentsPermalink
(4) REQUIREMENTS- For the purposes of this subtitle and the Nuclear Waste Policy Act of 1982 (
SEC. 165. INDEPENDENT RADIOLOGICAL MATERIAL MANAGEMENT.
(a) Report- Not later than 180 days after the date of enactment of this Act, the Secretary of Energy shall submit to Congress a report regarding the following:CommentsClose CommentsPermalink
(1) The feasibility of establishing an independent radiological material management program that would meet the guidelines in subsection (b).CommentsClose CommentsPermalink
(2) Legislative and regulatory action necessary to phase out the fee structure contained in section 302 of the Nuclear Waste Policy Act of 1982 (
(b) Guidelines-CommentsClose CommentsPermalink
(1) IN GENERAL- Under a program established in accordance with this subsection, the Secretary may award a contract, based on a competitive bidding process, to an eligible entity to manage the Nation’s activities related to one or more radiological material repositories.CommentsClose CommentsPermalink
(2) ELIGIBLE ENTITY- For the purposes of this subsection, the term ‘eligible entity’ means a non-Federal organization that demonstrates the ability to meet the requirements of a program established in accordance with this subsection.CommentsClose CommentsPermalink
(3) APPLICATION CONTENTS- The Secretary may require an eligible entity seeking to be awarded a contract under a program established in accordance with this subsection to submit to the Secretary an application containing the following:CommentsClose CommentsPermalink
(A) A complete description of the fee structure the eligible entity will use to fund the maintenance and operation of repositories, in accordance with paragraph (5)(F).CommentsClose CommentsPermalink
(B) Such other materials as the Secretary may require.CommentsClose CommentsPermalink
(4) TRANSFER OF CONTROL- The Secretary may transfer to an eligible entity awarded a contract under a program established in accordance with this subsection control and ownership of all Nuclear Regulatory Commission-issued licenses, allowances, and responsibilities necessary for the operation of the nuclear materials repository at Yucca Mountain.CommentsClose CommentsPermalink
(5) RESPONSIBILITIES- The Secretary may require an eligible entity awarded a contract under a program established in accordance with this subsection to be responsible for the following:CommentsClose CommentsPermalink
(A) Providing technical and other information to the Nuclear Regulatory Commission as it reviews the Department of Energy’s permit application for the Yucca Mountain repository.CommentsClose CommentsPermalink
(B) Seeking all other necessary regulatory approvals and permits to construct and operate the Yucca Mountain repository.CommentsClose CommentsPermalink
(C) Managing construction of one or more radiological material repositories upon Nuclear Regulatory Commission approval, including conducting all necessary design and engineering work to support construction of the repository.CommentsClose CommentsPermalink
(D) Radiological material repository operations.CommentsClose CommentsPermalink
(E) Undertaking all infrastructure activities necessary to support the construction or operation of the repository or transportation to the site of radiological material, including--CommentsClose CommentsPermalink
(i) safety upgrades;CommentsClose CommentsPermalink
(ii) site preparation;CommentsClose CommentsPermalink
(iii) construction of a rail line to connect the repository site with the national rail network, including any facilities to facilitate rail operations; andCommentsClose CommentsPermalink
(iv) construction, upgrade, acquisition, or operation of electrical grids or facilities, other utilities, communication facilities, access roads, rail lines, and nonnuclear support facilities.CommentsClose CommentsPermalink
(F) Creating a fee structure for the geologic storage of radiological material. The fees may not exceed the amount necessary to maintain and operate repositories and shall be the primary mechanism for accessing repositories, and in setting the fees the eligible entity shall take into consideration multiple variables, including--CommentsClose CommentsPermalink
(i) volume;CommentsClose CommentsPermalink
(ii) toxicity;CommentsClose CommentsPermalink
(iii) heat load; andCommentsClose CommentsPermalink
(iv) repository operation costs.CommentsClose CommentsPermalink
(c) Congressional Authorization Required- The Secretary may not establish an independent radiological material management program under this section unless authorized by a law enacted after the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 166. SPENT NUCLEAR FUEL RECYCLING.
(a) Prohibition- The President is prohibited from blocking or hindering spent nuclear fuel recycling activities.CommentsClose CommentsPermalink
(b) Rulemaking for Licensing of Spent Nuclear Fuel Recycling Facilities- Not later than 2 years after the date of enactment of this Act, the Chairman of the Nuclear Regulatory Commission shall complete a rulemaking establishing a process for the licensing by the Nuclear Regulatory Commission, under the Atomic Energy Act of 1954, of facilities for the recycling of spent nuclear fuel.CommentsClose CommentsPermalink
SEC. 167. NUCLEAR FUEL SUPPLY RESERVE.
(a) Inventory- The Secretary of Energy shall conduct an inventory of all materials owned by the Department of Energy that could, either without or with further processing, be used to power commercial nuclear reactors.CommentsClose CommentsPermalink
(b) Establishment of Reserve- The Secretary shall establish a nuclear fuel supply reserve consisting of materials identified as available for such purposes from the inventory conducted under subsection (a). The Secretary shall establish appropriate procedures to ensure that the reserve can protect United States energy producers from shortages of nuclear fuel.CommentsClose CommentsPermalink
(c) Plan- The Secretary shall transmit to the Congress a long-term plan for introducing nuclear fuel supplies from the reserve into the market.CommentsClose CommentsPermalink
SEC. 168. PUBLIC HEALTH AND SAFETY.
Nothing in this title shall supersede, mitigate, detract from, or in any way decrease the Nuclear Regulatory Commission’s ability to maintain the highest possible levels of public health and safety standards, consistent with the provisions of the Atomic Energy Act of 1954. No authority granted by this title shall be executed in a manner that jeopardizes, minimizes, reduces, or lessens public health and safety standards.CommentsClose CommentsPermalink
SEC. 169. STREAMLINING COMBINED CONSTRUCTION AND OPERATING LICENSE.
(a) In General- The Nuclear Regulatory Commission shall establish and implement an expedited procedure for issuing a Combined Construction and Operating License.CommentsClose CommentsPermalink
(b) Qualifications- To qualify for the expedited procedure under this section, an applicant shall--CommentsClose CommentsPermalink
(1) apply for construction of a reactor based on a design certified (or provisionally certified under section 170) by the Nuclear Regulatory Commission;CommentsClose CommentsPermalink
(2) construct the new reactor on or adjacent to a site where an operating nuclear power plant already exists;CommentsClose CommentsPermalink
(3) not be subject to a Nuclear Regulatory Commission order to modify, suspend, or revoke a license under section 2.202 of title 10, Code of Federal Regulations; andCommentsClose CommentsPermalink
(4) submit a complete Combined Construction and Operating License application that is docketed by the Commission.CommentsClose CommentsPermalink
(c) Expedited Procedure- With respect to a license for which the applicant has satisfied the requirements of subsection (b) and seeks expedited consideration, the Nuclear Regulatory Commission shall follow the following procedures:CommentsClose CommentsPermalink
(1) Undertake an expedited environmental review process and issue a draft environmental impact statement not later than 12 months after the application is accepted for docketing.CommentsClose CommentsPermalink
(2) Begin public licensing hearings when a draft environmental impact statement has been issued, and complete any such hearings and related processes not later than 24 months after accepting for docketing the expedited Combined Construction and Operating License application.CommentsClose CommentsPermalink
(3) Complete the technical review process and issue the Safety Evaluation Report and the final environmental impact statement not later than 18 months after the application is accepted for docketing.CommentsClose CommentsPermalink
(4) Make a final decision on whether to issue the Combined Construction and Operating License not later than 25 months after docketing the application.CommentsClose CommentsPermalink
(d) Goals- The Chairman of the Nuclear Regulatory Commission shall present recommendations to Congress not later than 90 days after the date of enactment of this Act for procedures that would further facilitate the licensing of new nuclear reactors in a timely manner.CommentsClose CommentsPermalink
SEC. 170. REACTOR DESIGN CERTIFICATION.
(a) Provisional Certification-CommentsClose CommentsPermalink
(1) AUTHORITY- The Nuclear Regulatory Commission may provide to an applicant a provisional certification of a proposed nuclear reactor design.CommentsClose CommentsPermalink
(2) EFFECT OF PROVISIONAL CERTIFICATION- Approval of a provisional design certification under this subsection shall not eliminate, reduce, or otherwise affect any requirement for reactor design approval or certification by the Nuclear Regulatory Commission or any other agency under Federal law.CommentsClose CommentsPermalink
(3) TIMING-CommentsClose CommentsPermalink
(A) IN GENERAL- Except as provided in subparagraph (B), a provisional certification shall be provided or denied under this subsection not later than 60 days after the date of application therefor.CommentsClose CommentsPermalink
(B) EXTENSION- The Nuclear Regulatory Commission may extend the time period under subparagraph (A) for an additional 30 days if necessary to enable certification.CommentsClose CommentsPermalink
(4) CRITERIA- In determining whether to approve a provisional certification application under this subsection, the Nuclear Regulatory Commission shall consider whether the proposed design--CommentsClose CommentsPermalink
(A) is based on existing and commercially proven technology;CommentsClose CommentsPermalink
(B) has been approved by internationally recognized regulators; andCommentsClose CommentsPermalink
(C) is safely operating or under construction in other nations.CommentsClose CommentsPermalink
(5) SUPPLEMENTAL INFORMATION- An application for provisional certification under this subsection may include supplemental information provided by potential future applicants for approval of the same or a similar design.CommentsClose CommentsPermalink
(b) Expedited Certification Process- Not later than one year after the date of enactment of this Act, the Chairman of the Nuclear Regulatory Commission shall develop and submit to the Congress an expedited process for certifying reactor designs, including those designs under consideration for certification by the Commission on the date of enactment of this Act, that significantly reduces the time necessary to achieve such certification.CommentsClose CommentsPermalink
SEC. 171. TECHNOLOGY-NEUTRAL PLANT DESIGN SPECIFICATIONS.
Not later than one year after the date of enactment of this Act, the Chairman of the Nuclear Regulatory Commission shall submit to the Congress a report regarding recommendations for the development of technology-neutral plant design specifications.CommentsClose CommentsPermalink
SEC. 172. ADDITIONAL FUNDING AND PERSONNEL RESOURCES.
Not later than 90 days after the date of enactment of this Act, the Chairman of the Nuclear Regulatory Commission shall transmit to the Congress a request for such additional funding and personnel resources as are necessary to carry out sections 169 through 171 without delaying consideration of applications for Combined Construction and Operating Licenses or reactor design certifications not subject to expedited procedures under this title.CommentsClose CommentsPermalink
SEC. 173. NATIONAL NUCLEAR ENERGY COUNCIL.
(a) In General-CommentsClose CommentsPermalink
(1) The Secretary of Energy shall establish a National Nuclear Energy Council (in this section referred to as the ‘Council’).CommentsClose CommentsPermalink
(2) The Council shall be subject to the requirements of the Federal Advisory Committee Act (5 U.S.C. App.).CommentsClose CommentsPermalink
(b) Purpose- The Council--CommentsClose CommentsPermalink
(1) shall serve in an advisory capacity to the Secretary regarding nuclear energy on matters submitted to the Council by the Secretary;CommentsClose CommentsPermalink
(2) shall advise, inform, and make recommendations to the Secretary with respect to any matter relating to nuclear energy;CommentsClose CommentsPermalink
(3) shall help nuclear energy-related investors to navigate the Federal bureaucracy to efficiently bring their products and services to the marketplace; andCommentsClose CommentsPermalink
(4) may not participate in any research and development or commercialization activities.CommentsClose CommentsPermalink
(c) Membership and Organization-CommentsClose CommentsPermalink
(1) The members of the Council shall be appointed by the Secretary.CommentsClose CommentsPermalink
(2) The Council may establish such study and administrative committees as it considers appropriate.CommentsClose CommentsPermalink
SEC. 174. NEXT GENERATION NUCLEAR PLANT.
The Secretary of Energy and the Chairman of the Nuclear Regulatory Commission shall review the Next Generation Nuclear Plant Licensing Strategy report submitted to Congress in August 2008, as required by section 644 of the Energy Policy Act of 2005 (
SEC. 175. URANIUM MINING ON FEDERAL LANDS.
The Secretary of the Interior may not use the Federal Land Policy and Management Act of 1976 (
SEC. 176. SMALL AND MODULAR REACTOR LICENSING.
(a) Report- Not later than 90 days after the date of enactment of this Act, the Chairman of the Nuclear Regulatory Commission shall transmit to the Congress a report containing recommendations, including the personnel and resource requirements necessary to implement the recommendations, for streamlined licensing procedures for small and modular nuclear reactors.CommentsClose CommentsPermalink
(b) Regulations- Not later than one year after the date of enactment of this Act, the Chairman of the Nuclear Regulatory Commission shall promulgate regulations to implement the recommendations transmitted under subsection (a).CommentsClose CommentsPermalink
SEC. 177. LIMITATION ON REGULATORY TIME FRAME.
In establishing standards for or otherwise regulating the storage of radioactive material under section 121(a) of the Nuclear Waste Policy Act of 1982 (
SEC. 178. DEFINITION.
In this subtitle, the term ‘radiological material’ means radioactive material that is a byproduct of the production of nuclear power, including high-level nuclear waste and spent nuclear fuel, as those terms are defined in section 2 of the Nuclear Waste Policy Act of 1982 (
TITLE II--AMERICAN-MADE ENERGY TRUST FUNDCommentsClose CommentsPermalink
TITLE II--AMERICAN-MADE ENERGY TRUST FUNDCommentsClose CommentsPermalink
SEC. 201. ESTABLISHMENT OF AMERICAN-MADE ENERGY TRUST FUND.
(a) Creation of Trust Fund- Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by inserting at the end the following new section:CommentsClose CommentsPermalink
‘SEC. 9512. AMERICAN-MADE ENERGY TRUST FUND.
‘(a) Establishment of Trust Fund- There is established in the Treasury of the United States a trust fund to be known as the American-Made Energy Trust Fund, consisting of such amounts as may be appropriated or credited to the American-Made Energy Trust Fund as provided in this section.CommentsClose CommentsPermalink
‘(b) Transfers to Trust Fund- To the extent provided by appropriations Acts, there shall be appropriated to the American-Made Energy Trust Fund--CommentsClose CommentsPermalink
‘(1) the amounts required to be transferred under section 128 of A Roadmap for America’s Energy Future;CommentsClose CommentsPermalink
‘(2) all amounts received by the United States as bonus bids, rents, and royalties for oil and gas leases of the outer Continental Shelf awarded after the date of the enactment of A Roadmap for America’s Energy Future that are not otherwise required by law to be paid by the United States; andCommentsClose CommentsPermalink
‘(3) all amounts received by the United States as bonus bids, rents, and royalties for oil shale leases of Federal lands awarded after the date of the enactment of A Roadmap for America’s Energy Future.CommentsClose CommentsPermalink
‘(c) Expenditures From American-Made Energy Trust Fund- As provided by appropriations Acts, amounts in the American-Made Energy Trust Fund shall be available in any year to carry out section 301 of A Roadmap for America’s Energy Future.’.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of sections for subchapter A of chapter 98 of such Code is amended by inserting at the end the following new item:CommentsClose CommentsPermalink
‘Sec. 9512. American-Made Energy Trust Fund.’.CommentsClose CommentsPermalink
TITLE III--REVERSE AUCTION MECHANISM FOR RENEWABLE ENERGY GENERATION AND FOR RENEWABLE FUEL PRODUCTIONCommentsClose CommentsPermalink
TITLE III--REVERSE AUCTION MECHANISM FOR RENEWABLE ENERGY GENERATION AND FOR RENEWABLE FUEL PRODUCTIONCommentsClose CommentsPermalink
SEC. 301. REVERSE AUCTION MECHANISM FOR RENEWABLE ENERGY GENERATION.
(a) In General- The Secretary shall establish a reverse auction program to award funds from the American-Made Energy Trust Fund to eligible entities to generate an amount of electric energy.CommentsClose CommentsPermalink
(b) Reverse Auction Authority-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall establish within the Department of Energy a Reverse Auction Authority to conduct reverse auctions under this section.CommentsClose CommentsPermalink
(2) DIRECTOR- The Secretary shall appoint a Director to serve as head of the Authority.CommentsClose CommentsPermalink
(c) Reverse Auctions-CommentsClose CommentsPermalink
(1) FREQUENCY- Subject to amounts available in the American-Made Energy Trust Fund (including any amounts not obligated in the previous calendar year), the Director shall conduct a minimum of 2 reverse auctions per calendar year in each geographic region established under paragraph (2).CommentsClose CommentsPermalink
(2) REGIONS- The Secretary shall establish geographic regions that are contiguous with the Electric Power Markets identified by the Federal Energy Regulatory Commission, and shall ensure that funds awarded under this section are awarded for qualified renewable energy facilities located across those regions.CommentsClose CommentsPermalink
(3) BIDS- In any reverse auction under this section, bids shall describe the amount of electric energy to be generated by the qualified renewable energy facility and the price per megawatt hour of electric energy that will be generated by such facility.CommentsClose CommentsPermalink
(4) DEPOSIT-CommentsClose CommentsPermalink
(A) IN GENERAL- At the time of entering a bid in a reverse auction under this section, an eligible entity shall provide to the Director a deposit of, as determined by the Director, an appropriate amount per kilowatt hour of electricity to be generated by the qualified renewable energy facility for which the eligible entity is entering the bid.CommentsClose CommentsPermalink
(B) REFUND- The Director shall refund a deposit provided under subparagraph (A)--CommentsClose CommentsPermalink
(i) for an eligible entity that is not selected for an award of funds as a result of the bid for which the deposit was made, at the time the Director notifies the eligible entity selected for an award of such selection; andCommentsClose CommentsPermalink
(ii) for an eligible entity selected for an award of funds as a result of the bid for which the deposit was made, except as provided in subparagraph (C), at the time the facility for which the eligible entity entered the bid begins operation.CommentsClose CommentsPermalink
(C) FORFEIT- If a facility for which funds are awarded is not in operation by the deadline for operation under subsection (d)(3), the eligible entity shall forfeit the deposit provided under subparagraph (A).CommentsClose CommentsPermalink
(5) RESERVE PRICE-CommentsClose CommentsPermalink
(A) IN GENERAL- Before conducting a reverse auction under this section, the Director shall set a reserve price which shall be a minimum bid above which no bid may win the auction.CommentsClose CommentsPermalink
(B) CONFIDENTIALITY- The Director shall ensure that a reserve price set under this paragraph remains confidential until 5 years after the date of the auction to which the reserve price applies.CommentsClose CommentsPermalink
(6) SELECTION OF ELIGIBLE ENTITIES-CommentsClose CommentsPermalink
(A) IN GENERAL- In determining eligible entities to which to award funds in any reverse auction under this section, the Director shall take into consideration--CommentsClose CommentsPermalink
(i) bids that incorporate the lowest bid price per megawatt hour of electric energy; andCommentsClose CommentsPermalink
(ii) existing subsidies and other support received by an eligible entity for the qualified renewable energy facility.CommentsClose CommentsPermalink
(B) MAXIMUM PERCENTAGES- The Director shall ensure that, measured on a 5-year rolling average, of funds awarded under this section--CommentsClose CommentsPermalink
(i) not more than 60 percent are awarded for one type of renewable energy source; andCommentsClose CommentsPermalink
(ii) not more than 90 percent are awarded for any combination of 2 types of renewable energy sources.CommentsClose CommentsPermalink
(7) CATEGORIES OF GENERATING CAPACITY-CommentsClose CommentsPermalink
(A) ALLOCATION- Subject to subparagraph (B), in each reverse auction conducted under this section, funds shall be allocated as follows:CommentsClose CommentsPermalink
(i) 25 percent of the funds shall be awarded for the generation of electric energy by qualified renewable energy facilities that have a small generating capacity.CommentsClose CommentsPermalink
(ii) 25 percent of the funds shall be awarded for the generation of electric energy by qualified renewable energy facilities that have a mid-sized generating capacity.CommentsClose CommentsPermalink
(iii) 50 percent of the funds shall be awarded for the generation of electric energy by qualified renewable energy facilities that have a large generating capacity.CommentsClose CommentsPermalink
(B) INSUFFICIENT FUNDS- If the Secretary determines that the amount of funds available in any calendar year in the American-Made Energy Trust Fund (including any amounts not obligated in the previous calendar year) are insufficient to provide adequate funding for each allocation described in clauses (i), (ii), and (iii) of subparagraph (A), the Secretary may reduce or eliminate any allocation requirement under such subparagraph.CommentsClose CommentsPermalink
(C) DETERMINATION BY SECRETARY- With respect to the generating capacity of a qualified renewable energy facility, the Secretary shall determine what qualifies as a small, mid-sized, and large generating capacity for purposes of this paragraph.CommentsClose CommentsPermalink
(8) STANDARD AMOUNTS OF ELECTRIC ENERGY- In each reverse auction under this section, the Director shall determine standard amounts of electric energy that eligible entities may bid on as well as the time allotted to generate such an amount of electric energy.CommentsClose CommentsPermalink
(9) CONFIDENTIALITY- Information regarding the bid price of an eligible entity selected for an award of funds pursuant to a reverse auction under this section shall remain confidential until the initial award of funds to such eligible entity is made.CommentsClose CommentsPermalink
(10) INFORMATION REGARDING AUCTIONS- Before conducting each reverse auction under this section, the Director shall make publicly available information regarding such reverse auction, including--CommentsClose CommentsPermalink
(A) standard amounts of electric energy described in paragraph (7) to be auctioned; andCommentsClose CommentsPermalink
(B) allocations described in paragraph (6) for such auction.CommentsClose CommentsPermalink
(d) Award of Funds-CommentsClose CommentsPermalink
(1) CONTRACTS FOR GENERATION-CommentsClose CommentsPermalink
(A) IN GENERAL- In order to receive an award of funds pursuant to a reverse auction under this section, an eligible entity selected for such award of funds shall enter into a contract with the Director delineating the terms of the award of funds.CommentsClose CommentsPermalink
(B) CONTRACT TERMS- The Director shall include in a contract entered into under this paragraph the following:CommentsClose CommentsPermalink
(i) The number of megawatts per year on which the contract is based.CommentsClose CommentsPermalink
(ii) A provision allowing for credits to be awarded for the production of energy in excess of the amount specified in the contract pursuant to clause (i), which may be carried over, for not more than 2 consecutive years, for use in years in which the production of energy is less than that required under the contract pursuant to clause (i).CommentsClose CommentsPermalink
(iii) Any other provisions the Director determines appropriate.CommentsClose CommentsPermalink
(C) TERMINATION- In addition to any other terms regarding termination included in a contract under subparagraph (B), the Director may terminate a contract under this paragraph if the eligible entity fails to generate the number of megawatts of electric energy per year required under subparagraph (B)(i) for a period of 4 consecutive years.CommentsClose CommentsPermalink
(2) LIMITATION ON DISBURSAL- The Director may disburse funds to an eligible entity only for the amount of electric energy generated under the contract entered into under paragraph (3) up to the amount specified pursuant to paragraph (1)(B)(i) for each year in which the contract is in effect.CommentsClose CommentsPermalink
(3) OPERATION REQUIREMENT-CommentsClose CommentsPermalink
(A) IN GENERAL- Except as provided in subparagraph (B), the Director shall make an award of funds to an eligible entity contingent on the qualified renewable energy facility being in operation not later than 18 months after the eligible entity is selected for an award of funds under this section.CommentsClose CommentsPermalink
(B) EXTENSION- The Director may grant an eligible entity a one-time 6-month extension of the deadline for operation under subparagraph (A) with respect to a qualified renewable energy facility if the eligible entity demonstrates, to the satisfaction of the Director, that operation of such facility is delayed due to regulatory constraints beyond the control of such eligible entity. Extensions under this subparagraph may not be granted for delays due to lack of financing or delayed equipment delivery.CommentsClose CommentsPermalink
(e) Penalties- The Secretary shall determine penalties for violations of this section, which may include fines or bans from participating in reverse auctions under this section.CommentsClose CommentsPermalink
(f) Treatment of Funds- Amounts awarded to an eligible entity under subsection (d) shall not be includible in gross income for purposes of the Internal Revenue Code of 1986.CommentsClose CommentsPermalink
(g) Denial of Double Benefit-CommentsClose CommentsPermalink
(1) BASIS- For purposes of the Internal Revenue Code of 1986, the basis of a renewable energy facility for which funds are awarded to an eligible entity under this section shall be reduced by the amount of such award.CommentsClose CommentsPermalink
(2) TREATMENT AS QUALIFIED FACILITY- A renewable energy facility for which funds are awarded to an eligible entity under this section shall not be treated as a qualified facility for purposes of section 45 of the Internal Revenue Code of 1986 (
(3) TREATMENT AS ENERGY PROPERTY-CommentsClose CommentsPermalink
(A) IN GENERAL- A renewable energy facility for which funds are awarded to an eligible entity under this section shall not be treated as an energy property for purposes of section 48 of the Internal Revenue Code of 1986 (
(B) LIMITATION ON AWARD OF FUNDS- The Director may not award funds under this section for a renewable energy facility for which a credit under section 48 of the Internal Revenue Code of 1986 (
(4) PARTICIPATION IN FEDERAL LOAN GUARANTEE PROGRAMS- An eligible entity to which funds are awarded under this section for a qualified renewable energy facility may not, for the purposes of such facility, participate in a Federal loan guarantee program.CommentsClose CommentsPermalink
(5) COORDINATION WITH OTHER FEDERAL SUBSIDIES-CommentsClose CommentsPermalink
(A) CONTRACT AMOUNT- A contract for generation under subsection (d)(1) shall be for the amount of the winning bid for the specified amount of electric energy minus the amount of any other Federal subsidy received by the eligible entity for the construction, development, or operation of the qualified renewable energy facility before funds are awarded under subsection (d).CommentsClose CommentsPermalink
(B) REGULATIONS- Notwithstanding subsection (h), not later than one year after the date of enactment of this Act, the Secretary shall promulgate regulations to carry out this paragraph.CommentsClose CommentsPermalink
(h) Deadline for Regulations- Not later than 180 days after the date of enactment of this Act, the Secretary shall promulgate regulations to carry out this section.CommentsClose CommentsPermalink
(i) Definitions- In this section:CommentsClose CommentsPermalink
(1) AMERICAN-MADE ENERGY TRUST FUND- The term ‘American-Made Energy Trust Fund’ means the trust fund established in section 9512 of the Internal Revenue Code of 1986 (as added by title II).CommentsClose CommentsPermalink
(2) AUTHORITY- The term ‘Authority’ means the Reverse Auction Authority established under subsection (b).CommentsClose CommentsPermalink
(3) DIRECTOR- The term ‘Director’ means the Director of the Authority.CommentsClose CommentsPermalink
(4) ELIGIBLE ENTITY- The term ‘eligible entity’ means an owner or operator of a qualified renewable energy facility that, with respect to such facility--CommentsClose CommentsPermalink
(A) is not participating in a Federal loan guarantee program; andCommentsClose CommentsPermalink
(B) has a power purchase agreement in place at the time of the reverse auction.CommentsClose CommentsPermalink
(5) OPERATION- The term ‘operation’, with respect to a renewable energy facility, means that--CommentsClose CommentsPermalink
(A) such facility is generating electric energy;CommentsClose CommentsPermalink
(B) such facility is transmitting electric energy onto the electric power grid; andCommentsClose CommentsPermalink
(C) electric energy generated by such facility is being sold to one or more electric utilities.CommentsClose CommentsPermalink
(6) SECRETARY- The term ‘Secretary’ means the Secretary of Energy.CommentsClose CommentsPermalink
(7) RENEWABLE ENERGY- The term ‘renewable energy’ has the meaning given such term in section 203(b) of the Energy Policy Act of 2005 (
(8) RENEWABLE ENERGY FACILITY- The term ‘renewable energy facility’ means a facility--CommentsClose CommentsPermalink
(A) for the generation of electric energy and the transmission of such electric energy onto the electric power grid; andCommentsClose CommentsPermalink
(B) that generates such electric energy from a renewable energy source.CommentsClose CommentsPermalink
(9) QUALIFIED RENEWABLE ENERGY FACILITY- The term ‘qualified renewable energy facility’ means a renewable energy facility for which the owner or operator demonstrates, to the satisfaction of the Director, the following:CommentsClose CommentsPermalink
(A) Competence of the owner or operator with respect to the generation of electric energy from the renewable energy source used by such facility.CommentsClose CommentsPermalink
(B) Evidence that the renewable energy generating technology used by such facility can be used on a commercial scale.CommentsClose CommentsPermalink
(C) Any additional criteria the Secretary determines appropriate.CommentsClose CommentsPermalink
TITLE IV--PROHIBITION OF CONSIDERATION OF GREENHOUSE GASCommentsClose CommentsPermalink
TITLE IV--PROHIBITION OF CONSIDERATION OF GREENHOUSE GASCommentsClose CommentsPermalink
SEC. 401. CLEAN AIR ACT REGULATION.
The Clean Air Act (
‘SEC. 330. PROHIBITION OF REGULATION OF GREENHOUSE GAS.
‘(a) Definition of Greenhouse Gas- In this section, the term ‘greenhouse gas’ means--CommentsClose CommentsPermalink
‘(1) carbon dioxide;CommentsClose CommentsPermalink
‘(2) methane;CommentsClose CommentsPermalink
‘(3) nitrous oxide;CommentsClose CommentsPermalink
‘(4) a hydrofluorocarbon;CommentsClose CommentsPermalink
‘(5) a perfluorocarbon; orCommentsClose CommentsPermalink
‘(6) sulfur hexafluoride.CommentsClose CommentsPermalink
‘(b) Regulation of Greenhouse Gas- Nothing in this Act may be construed to require or permit the regulation of a greenhouse gas for climate change purposes.’.CommentsClose CommentsPermalink
SEC. 402. ENDANGERED SPECIES ACT REGULATION.
(a) Prohibition of Consideration of Impact of Greenhouse Gas- The Endangered Species Act of 1973 (
‘SEC. 19. PROHIBITION OF CONSIDERATION OF IMPACT OF GREENHOUSE GAS.
‘(a) Definition of Greenhouse Gas- In this section, the term ‘greenhouse gas’ means--CommentsClose CommentsPermalink
‘(1) carbon dioxide;CommentsClose CommentsPermalink
‘(2) methane;CommentsClose CommentsPermalink
‘(3) nitrous oxide;CommentsClose CommentsPermalink
‘(4) a hydrofluorocarbon;CommentsClose CommentsPermalink
‘(5) a perfluorocarbon; orCommentsClose CommentsPermalink
‘(6) sulfur hexafluoride.CommentsClose CommentsPermalink
‘(b) Impact of Greenhouse Gas- The climate change-related impact of a greenhouse gas on any species of fish, wildlife, or plant shall not be considered for any purpose in the implementation of this Act.’.CommentsClose CommentsPermalink
(b) Conforming Amendment- The table of contents of the Endangered Species Act of 1973 (
16 U.S.C. 1531 note) is amended by adding at the end the following:CommentsClose CommentsPermalink
‘Sec. 18. Annual cost analysis by the Fish and Wildlife Service.CommentsClose CommentsPermalink
‘Sec. 19. Prohibition of consideration of impact of greenhouse gas.’.CommentsClose CommentsPermalink
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